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HomeMy WebLinkAboutNS-2116 - Amending Divisions 1 Through 6 of Article XI of Chapter 41 of Santa Ana Municipal Code, to Revise the Zoning Regulations Pertaining to On-Premise Advertising Signs in the City... M......__--..~ --- Q IT 235 REL: 2/12/91 ORDINANCE NO. NS- 2116 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING DIVISIONS 1 THROUGH 6 OF ARTICLE XI OF CHAPTER 41 OF THE SANTA ANA MUNI- CIPAL CODE, TO REVISE THE ZONING REGULA- TIONS PERTAINING TO ON-PREMISE ADVER- TISING SIGNS IN THE CITY GENERALLY. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Division 1 of Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby repealed, and Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby amended by adding a new division, to be numbered 1, which said new Division 1 consists of sections 41-850 through 41-851 and reads as follows: DIVISION 1. GENERAL PROVISIONS Sec. 41-850. Purpose. The purpose of this article is to establish a system for the control of the size, location, type and number of signs located on private property in the City of Santa Ana according to reasonable and nondiscriminatory standards. Such regulation is deemed necessary to enhance the quality of the visual environment, thereby promoting commerce, improving community identity, conserving property values, improving traffic safety, and promoting the health, safety and general welfare of the people. Sec. 41-851. scope. (a) This article applies to all signs and advertising displays in all zoning districts except as otherwise provided in this section. (b) This article does not apply to signs and advertising displays of the fOllowing types and descriptions: (l) Any billboard or other off-premfse commercial advertising sign regulated by Article XII of this chapter. (2) Any sign located in the public right-of-way and installed or maintained by the Public Works Agency 1 23H [ [ ORDINANCE NO. NS-2116 of the City or by any other public entity having the legal authority to maintain the sign. (3) Any sign located within a building or enclosed area and designed to be viewed primarily by persons inside of such building or enclosed area,. '\ (4) Any sign on a vehicle or other mobile unit, unless such vehicle or mobile unit is parked or stationed near a business activity advertised or identified by the sign and for the primary purpose of attracting public attention to such business activity. (5) Any temporary sign taped or otherwise affixed to a window in such a manner as to be easily removed, provided that the total area of such sign in any one window does not exceed~25 percent of the area of each window. (6) In commercial or manufacturing zones, non- freestanding incidental sign area not exceeding two square feet in size per elevation and attached flush to a door, wall or window containing information on hours of operation, deliveries, credit cards accepted, or similar information. (7) The changing of copy on an approved changeable copy sign, provided the copy identifies the business or service provided. (c) Noncommercial signs are etempted from compliance with all sections 'of this article exaept section 41-860. (d) Signs compliance with article. in the Downtown District are exempted from sections 41-861 through 41-872 of this SECTION 2: That Division 2 of Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby repealed, and Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby amended by adding a new division, to be numbered 2, which said new Division 2 consists of sections 41-860 through 41-872 and reads as follows: 2 ORDINANCE NO. NS-2116 2371 DIVISION 2. SIGN STANDARDS AND REGULATIONS Sec. 41-860. General regulations. (a) No sign is permitted that: (I) Is dangerous or confusing to motorists on the public right-of-way, including any sign which by its color, wording, design, location or illumination resembles or conflicts with any official traffic control device or which impedes the safe and efficient flow of traffic. (2) Is in a condition which presents a danger of injury to the public. (3) Incorporates mechanical movement or in any way gives the illusion of motion, moving parts, rotation or any flashing, moving or intermittent lighting, other than a sign providing a time-and- temperature or similar public service display. (4) Is on a vehicle, except as excluded from the scope of this article by section 41-851. (5) Impedes free ingress and egress from any door, window or exitway required by building or fire regulations. (6) Emits sound, smoke, visible particles, or odors, except that speakers on drive-thru facilities shall be permitted. (7) Is attached to or maintained upon any public utility pole or structure, or tree. (b) No person, except a public officer or employee in the performance of a public duty or a private person in giving a legal notice, shall paste, post, paint, nail or tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property without the written consent of the owner, holder, lessee, agent or trustee thereof. (c) All signs, other than temporary signs, and their supporting structures shall: (I) Be constructed of metal, wood, plastic, foam, paint and/or comparable weather-resistant material. (2) Be kept in good repair and maintained in safe, 3 238 ORDINANCE NO. NS-2116 neat, clean and attractive condition. (3) Be so enclosed as infestation by birds structurally safe. to provide and vermin, against their and shall be ( (d) Logos or identification symbols shall be considered signs and shall conform to all provisions of this article. 8eo. 41-861. Additional regulations. No sign is permitted that: (1) Is an A-frame, sandwich board or other portable, temporary advertising display. (2) Is temporary or special event flags, banners, festoons, flag canopies, or other displays, except as permitted by a special event sign permit. (3) Is a sculptured, molded or otherwise fabricated representational object used for the purpose of visually conveying business identification or product advertising, except as approved by a planned sign program. (4) Is an aerial or balloon type sign, unless approved pursuant to a special event sign permit. (5) Conflicts with standards established by resolution of the City Council pertaining to the colors and materials of signs adopted for the purpose of promoting signage which is visually attractive and harmonious with its surroundings. (6) Duplicates or repeats copy on the same sign. (7) Is a graphic of paint building for the purpose attention to a sign, Planning Director. or other material on a of amplifying or directing unless approved by the f 8eo. 41-862. Freestanding signs. No permit shall be issued for a freestanding sign which does not comply with the following standards: (a) Number. (I) The number of freestanding signs permittable on an 4 ORDINANCE NO. NS-2l16 ()3 i) ~< . integrated development site shall be as follows: Total street Frontaqe Number o - 299 feet 300 - 599 feet 600 - 899 feet 900 - 1,199 feet 1,200 or more feet 1 2 3 4 5 (2) No more than one freestanding sign advertising or identifying the same business activity shall be permitted on each street on which the integrated development site has frontage. (b) Location. (I) No freestanding sign shall be permitted on any site which does not have street frontage. (2) A freestanding sign shall be located only in a landscaped planter, with such planter not less than four feet in any direction from the edge of the planter to the sign. No sign shall obstruct or remove any required landscape materials. (3) ,No freestanding sign shall be placed closer than 25 feet to a side lot line. (4) No freestanding sign for a commercial use shall be placed within 50 feet of land used, zoned, or designated on the General Plan for residential purposes on the same street frontage as the proposed sign. (5) No freestanding sign shall be closer than 100 feet from another freestanding sign on the same site. (6) No freestanding sign shall be located in the triangular area (s) measured 15 feet by 15 feet where a driveway enters onto a street, or in any other area which may obstruct the vision of motorists so as to create a safety hazard. Additionally, all signs are subject to sections 36- 45 to 36-47 of this code regarding obstructions to vision at corner intersections. (c) Heiqht and area. (I) Properties with frontage shall requirements: less than 120 be subj ect to feet the of street following 5 240 ORDINANCE NO. NS-2116 Total street Frontaqe size o - 60 feet 20 square feet maximum, not to exceed 5 feet in height. [ 61-119 feet 30 square feet maximum, not to exceed 6 feet in height (2) Freestanding signs with more than 120 feet of street frontage shall not exceed seven feet in overall height from curb level unless otherwise stated in this section. The overall height plus the overall width shall not exceed 16 linear feet and the sign face area shall not exceed 45 square feet. (3) Developments over 15 acres and with at least 750 feet of street frontage shall have no more than one freestanding sign not to exceed 15 feet in overall height and 10 feet in overall width; the sign face area shall not exceed 60 square feet. Such sign shall not be located on any secondary frontage. (4) A sign may be permitted to a height not exceeding 35 feet and an area not exceeding 100 square feet, provided all of the following conditions are satisfied: a. The sign is located on a site which has frontage on a freeway right-of-way or which is located within 300 feet of a freeway exit centerline; b. The sign is oriented toward viewing by freeway traffic; [, c. The sign is limited in content to the identification of the business name. The business shall offer a service or product of specific interest to the traveling public including, but not limited to, transient lodging, prepared food and goods, and services necessary to the normal operation of motor vehicles. (d) Desiqn. (I) All signs shall be architecturally compatible with the development on which it is located. 6 ORDINANCE NO. NS-2l16 241 (2) The copy area of a freestanding sign shall not exceed 40 percent of the sign face. (3) Freestanding signs shall be for the or development name and/or the thereon, not to exceed a total of information. shopping center major tenants eight items of (4) No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights. No sign shall utilize unshielded incandescent, fluorescent or other lighting, except neon. (5) The project address shall be located on the monument sign base. Sec. 41-863. Wall signs and canopy signs. No permit shall be issued for a wall sign or canopy sign which does not comply with the following standards: (a) Number. No more than one wall or canopy sign shall be permitted for each primary elevation of a leasable tenant space. In addition, no more than one sign shall be permitted on more than two secondary elevations which face a public street or on-site parking area. (As used herein, street shall include freeways, but exclude alleys and service ways.) (b) Area. (I) Sign area on the primary elevation shall not exceed: a. Ten percent of the business elevation; or b. Forty percent of the signable area; or c. Two hundred square feet, whichever is smaller. (2) sign area on permitted secondary elevations, as permitted above in Sec. III.A., shall not exceed: a. Five percent of the business elevation area; or b. Twenty percent of the signable area; or c. Fifty square feet, 7 242 ORDINANCE NO. NS-2116 whichever is smaller. (3) Sign copy area shall not exceed 40 percent of the sign area for existing cabinet signs. [ (c) Lenqth. The horizontal dimension of any wall or canopy sign shall not exceed 75 percent of the horizontal dimension of the building elevation of the activity identified by the sign, measured on the side of the building on which the sign is located. (d) Location. (I) No wall or canopy sign shall be placed higher than the ground floor of the building or 20 feet, whichever is less, except that second floor retail or office spaces with access separate from the use(s) on the ground floor are permitted a sign no higher than the second floor. Buildings over two stories in height are subject to the requirements of major building identification signs. (2) No sign shall be placed on a building elevation which is within 50 feet of and faces a residential zone or use. (3) No sign shall project above the parapet, canopy fascia, or wall to which it is attached, nor above the roofline if attached to the roof. (4) All wall or canopy signs shall be consistently centered above the business entrance or an architecturally consistent area of the elevation. (e) Desiqn. (I) All signs on an individual business or within an integrated development site shall be consistent in sign shape, type and materials. [ (2) All individual letter signs shall be installed to appear flush mounted with no exposed raceways containing electrical transformers or components.' (3) All signs shall be for business identification only containing the recognized trade name of the business and no more than five words describing products, services or brands, and shall not include slogans, phrases, promotions or duplication of copy. 8 ORDINANCE NO. NS-2ll6 I 2481 I (4) No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights. (5) Where more than one sign is permitted to a business, all signs shall be consistent in design, style, shape, color, illumination, and text. (6) Individual channel letters made of foam core with a density of fourteen pounds or greater shall be permitted. (7) Internally illuminated cabinet wall signs are prohibited. Sec. 41-864. projecting signs. No permit shall be issued for any projecting sign which does not comply with the following standards: (a) Number. A projecting sign shall only be permitted for a business activity having more than 50 feet of street frontage, and only in lieu of a wall or canopy sign and a freestanding sign to which such business activity would otherwise be entitled under this division. No more than one projecting sign shall be allowed for any leasable tenant space. (b) Location. (I) No part of any projecting sign shall be located lower than eight feet above ground level. (2) No projecting sign shall be located within 50 feet of another projecting sign on the same site. (3) No projecting sign shall be located higher than the ground level of occupancy of the building. (c) structure. (I) A projecting sign shall be perpendicular to the building wall to which it is affixed. (2) No face of any projecting sign shall exceed 25 square feet in area. (3) A projecting sign shall not exceed 12 inches in thickness. 9 24(1 ORDINANCE NO. NS-2116 (4) No face shall project more than four feet from the wall to which it is attached. (5) No face shall exceed seven feet in vertical dimension. [ (d) Ilesiqn. (I) Sign copy area shall not exceed 50 percent of the sign face. (2) The design of any projecting sign shall be architect-urally compatible with the building on which it is located. (3) No projecting sign shall be wholly or partially illuminated by unshielded lighting of any type, including exposed fluorescent or incandescent bulbs, except exposed neon. No sign shall use mirrors reflecting a direct light source or utilize flashing, blinking or sequenced lights. (4) Projecting signs shall be for identification of the business(es) or use(s) located on the site subject to the following: a. The sign shall have no more than five words describing products, services or brands available on the premises where the sign is located in addition to the business identification. b. The sign shall not advertise or display the name, brand name or manufacturer's name of any product, article or service, unless these names are included in the name identifying the business. Sec. 41-865. Marquee signs. No permit shall be issued for a marquee sign which does not comply with the following standards: r (a) Location. No more than one sign shall be permitted on-each side of a marquee and any such sign shall be in lieu of wall, canopy or projecting signs to which such business would otherwise be entitled under this division. 10 ORDINANCE NO. NS-2116 245 (b) Area. (I) The area of all signs located on a marquee shall not exceed two square feet of total area per lineal foot of business frontage or 200 square feet, whichever is smaller. (2) Sign copy area shall not exceed 40 percent of the sign face, or where there is no sign face, 40 percent of the signable area up to the allowable sign area. (c) Dimensions. (I) The horizontal dimension percent of the side of the is located. shall not exceed 75 marquee where said sign (2) The vertical dimension shall not exceed six feet in height. (d) Desiqn. Design of marquee signs shall be for identification of the business or use located on the site and may include a changeable copy sign. Sec. 41-866. siqns located under canopies or marquees. No permit shall be issued for any sign to be located under a canopy or marquee which does not comply with the following standards: (a) business building The sign shall contain only identification of the name of the activity occupying the portion of the to which it is affixed. (b) No more than one sign shall be located at each entrance into the business activity identified by the sign. (c) A minimum clearance above grade of eight feet over walkways and 12 feet over driveways shall be maintained. (d) The area of the sign shall not exceed four square feet. (e) The letters on the sign shall not exceed eight inches in height. 11 24() ORDINANCE NO. NS-2116 Sec. 41-867. Major building identification signs. I[ Notwithstanding any other provision of this Article, a permit may be issued for a wall sign for buildings over two stories per this section which provides long-distance identification, or signage for the primary tenant in such a building, provided that the following standards are met: ~ (a) Number. No more than two such signs shall be installed on the building. (b) Area. The sign area of such a sign shall not exceed 40 percent of the signable area to which it is attached, nor shall it exceed an area equal to two square feet multiplied by the number of lineal feet in the horizontal dimension of the building face to which it is attached, measured at the height of the proposed sign location. (c) Lenqth. The horizontal dimension of such sign shall not exceed 40 percent of the horizontal dimension of the building elevation to which it is attached, measured at the height of the proposed sign location. (d) Location. Such sign shall be located at the top story of the building or between the top story and the top of the building parapet or eaveline. only one sign shall be permitted per building elevation. (e) Desiqn. (I) Letter Height. [ The height of the letters used in such sign not exceed the following maximums, depending number of stories in the building: shall on the Number of stories Heiqht (in inches) 2 3 4 5 24 30 36 42 12 ORDINANCE NO. NS-2ll6 247 6 7 8-10 11-14 15 or more 48 54 60 72 84 A logo may be used on such sign if the logo height does not exceed the maximum permitted letter height for the sign and if its horizontal dimension is not more than twice its maximum vertical dimension. (2) structure. Such sign shall be composed solely of individual channel letters or logo. Sec. 41-868. Residential development identification signs. (a) No permit shall be issued for any sign providing identification of a residential development having five or more dwelling units, unless the following standards are met: (1) No more than one such sign may be installed for each street frontage of the development. (2) The sign shall not contain exposed unshielded illumination. (3) The sign face area shall not exceed 20 square feet. (4) The height of the sign shall not exceed six feet. (5) The width of the sign shall not exceed eight feet. (b) In addition, directory type signs for multiple unit developments of five units or more, not exceeding six square feet in area or four feet in any dimension and six feet in height, shall be permitted provided such sign is located within an interior court and adjacent to an internal walkway. Sec. 41-870. Real estate signs. (a) Residential Units. Notwithstanding any other provision of this article, signs advertising the sale, lease or rental of one or more dwelling units are prohibited, except that no more than one sign may be permitted on the site of such unit (s) without the necessity of obtaining a permit, provided the following standards are met: ' (I) The sign shall not be illuminated. 13 248 ORDINANCE NO. NS-2116 (2) The sign area shall not exceed four square feet. (3) The sign shall not exceed six feet in height. [ (4) No other sign advertising the sale or lease of one or more dwelling units shall be installed on the same site. (5) A sign for the rental or lease of a unit shall correspond to an actual vacancy and shall not be permitted on fully occupied sites. The sign shall be removed within 14 days after the sale or lease of the property. (b) Nonresidential units. Notwithstanding any other provislon of this article, signs advertising the sale or lease of one or more nonresidential units are prohibited, except that no more than one sign may be installed per street frontage of such property without the necessity of obtaining a permit, provided the following standards are met: (I) The sign shall not be illuminated. (2) The sign area shall not exceed 32 square feet. (3) The sign shall not exceed 12 feet in height. (4) No more than one sign advertising the sale or lease of units of real property shall be installed on the same street frontage of the same site. (5) A sign for the rental or lease of a unit shall correspond to an actual vacancy and shall not be permitted on fully occupied sites. The sign shall be removed with 14 days of the rental or lease of the unites). (6) Placement of such sign shall correspond directly with the space available and shall not be located at unrelated businesses. J (c) New Developments. Notwithstanding any other provislon of this article, a sign advertising the first-time sale or lease of units of real estate within a site which is being or has been newly developed or redeveloped may be installed on such site pursuant to a permit issued pursuant to this Article for a one-year period, provided'the following standards are met: (I) The sign shall not be illuminated. (2) The sign area shall not exceed 80 square feet. 14 (3) The sign shall not exceed 16 feet in height. (4) No other sign advertising the sale or lease or units of real estate shall be installed on the same site. '14\\ 4,. . , I i ! , ORDINANCE NO. NS-2116 (5) Notwithstanding removed wi thin site. the above, the sign shall be 15 days of full occupancy of the No person shall install or maintain, or allow to be installed or maintained on property occupied by such person, any special event sign or display, except in accordance with the following requirements. Sec. 41-871. special event signs or displays. (I) The special event sign or display shall be installed and maintained in accordance with a permit issued by the zoning administrator who may approve, approve with conditions, or deny such permit. (2) The special event sign or display shall not be maintained for more than 30 successive days, except that grand opening signs shall be permitted for a period not to exceed 60 days from the date the certificate of occupancy of the business is issued. (3) No more than one special event sign or display shall be installed on a site for each business activity on such site in any given six-month period. (4) Such special event sign or display shall more than banners, parking lot light displays and non-aerial balloon signs, not include flag canopies, aerial freestanding signs. include no pole flag and shall signs or Sec. 41-872. Other signs. (a) Directional siqns. Directional signs not exceeding four square feet in area and, if freestanding, a height of four feet shall be allowed. Said directional sign shall contain only that information necessary for on-site circulation, parking and site information without any advertising. 15 ~ 250 ORDINANCE NO. NS-2116 (b) Menu boards. Menu boards on the interior driveways of drive-thru facilities shall not exceed seven feet in height and 60 square feet in area. Speakers shall face away from residential property. No more than two menu boards per drive- thru shall be permitted. r; , ,/ (c) Window sians. No permanent sign affixed to or incorporated into an exterior window shall exceed 25 percent of each window area. (d) Awni.nq into an awning elevation. siqns. shall No sign affixed to or incorporated exceed 10 percent of the awning (e) Construction siqns. One unlighted construction sign is permitted per street frontage per job site and shall not exceed six square feet in any residential zone, or 32 square feet in all other zones, and shall contain no more than the name of the project and the names and addresses of the contractors, architects, engineers, landscape architect, financing company or developer. Such sign shall be removed within 30 days of building permit final approval or issuance of a certificate of occupancy for the project. (f) Service station siqns. Signs for service stations shall comply with the provisions of this Article for freestanding and wall signage, and shall include signs required by law, but shall not exceed the minimums set by law subject to sign placement requirements and review as set forth in this part. In addition, the following signage is permitted: (1) Island canopies. One sign per street frontage shall be permitted. Canopy signage shall not exceed 2Q square feet in area. Canopy sign copy shall be limited to business name and logo only. Signage may be internally illuminated. (2) Spandrel signs or canopy support signs. [ The signs shall not exceed 20 percent of the spandrel area. The spandrel sign copy shall be limited to business name and logo only. Spandrel signage may be internally illuminated. (3) Pump or dispenser signs. Pump or dispenser signs shall be limited to business or fuel identification, operational instructions, and state required information. 16 i I ORDINANCE NO. NS-2116 251 (4) convenience signs. Signage designated to assist customers, such as "Please Pull to Forward Pumps" or "Please Pay Cashier Before Pumping Gas" shall be architecturally integrated with the structure to which it is being applied and not exceed 4 square feet in sign area. (g) Siqns over public riqht-of-wav. No sign shall extend over the public right-of-way, except signs on a marquee, canopy or awning which shall project no closer than two feet from a curb. SECTION 3: That Division 3 of Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby repealed, and Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby amended by adding a new division, to be numbered 3, which said new Division 3 consists of sections 41-880 through 41-884 and reads as follows: DIVISION 3. PLANNED SIGN PROGRAMS Sec. 41-880. General requirements. (a) A planned sign program shall be adopted for multi- tenant developments and shall include criteria for freestanding, wall and directional signs, as applicable, for each individual development. (b) No permit shall be issued for any sign in or for a multi-tenant development, except pursuant to an approved planned sign program in accordance with this article. (c) A planned sign program for existing multi-tenant developments that do not have an approved planned sign program shall be adopted prior to the issuance of any additional sign permits in such development. Said planned sign program shall follow the implied sign program or predominant pattern of sign type and configuration in use in the existing development. Sec. 41-881. Application. Application for a planned sign program shall be filed by, or with written consent of, the property owner. An application shall be filed and reviewed in the same manner as an application for a sign permit pursuant to Division 4. 17 252 ORDINANCE NO. NS-2116 Sec. 41-882. Standards of approval. (a) A planned sign program shall satisfy the following standards: 1 (I) All of the signs are consistent with the purpose, spirit and intent, as well as the specific minimum standards, of this article. (2) All of the signs are harmonious and visually related to each other through the incorporation of common design elements. (3) The signs are architecturally integrated with the buildings to which they are appurtenant. (4) The signs do not adversely affect nearby land uses or obscure the view of other signs which conform to this article. (b) A planned sign program as submitted by an applicant may be approved subject to conditions designed to bring it into compliance with the purpose, spirit and intent of this article. No conditions unrelated to signage shall be imposed. However, approval may be more restrictive than Division 2 of this article. Bee. 41-883. Procedures. Applications for planned sign programs shall be decided in the same manner as sign permits subject to the right of appeal by any aggrieved applicant to the planning commission. No public hearing shall be required, but the zoning administrator or the planning commission may send such notices of the pending action and receive such comment to and by surrounding property owners and occupants or other interested persons, as they deem appropriate. The decision of the planning commission shall be final. Bee. 41-884. Amendments. [ (a) An application for an amendment to an approved planned sign program may be made at any time, subject to the same limitations, requirements, and procedures as apply to an original application, except that tenants whose signs are addressed by the amendment application need the property owner's consent to file such application. Sign program amendment review shall consider existing signs prior to approval or denial of program change. 18 --~~~-~-~_.__.~-~-- ORDINANCE NO. NS-2l16 ')5':; ~~ t ~-) (b) The change of copy on a sign, or the substitution of one Sl.gn for another, shall not require an amendment to a planned sign program if the change or substitution is limited in effect to changing the' identification of a business activity only, and the new or altered sign conforms in all other respects to the approved planned sign program. SECTION 4: That Division 4 of Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby repealed, and Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby amended by adding a new division, to be numbered 4, which said new Division 4 consists of sections 41-890 through 41-894 and reads as follows: DIVISION 4. SIGN PERMITS Sec. 41-890. Applications. Applications for sign permits shall be filed by, or with the written consent of, the property owner on forms required by the zoning administrator and shall be accompanied by the following information: (1) A pictorial representation of, and other information about, the proposed sign, disclosing overall dimensions, dimensions of letters and figures, colors, materials, copy, and illumination or movement characteristics, if any. (2) A plan of the site on which the proposed sign is to be located showing the location of all existing or proposed signs subject to this article, buildings, parking areas and vehicular accessways. (3) A description of the type and dimensions of all other existing or proposed signs on the site which are subject to this article, relating each to the location shown on the site plan. (4) Such other information as the zoning administrator deems appropriate to determine compliance with the provisions of this article. Sec. 41-891. Powers and duties of zoning administrator. (a) The zoning administrator shall determine whether the proposed sign or sign program is in compliance with this chapter, the provisions of this code, and, in addition, where said property is located within a redevelopment project area, shall consider the provisions of the applicable redevelopment 19 25,-10RDINANCE NO. NS-2116 [ plan and any applicable development agreement approved by the City or the Santa Ana Redevelopment Agency. In addition, the zoning administrator shall determine whether or not the purposes and objectives of this chapter have been met and, in that regard, may impose conditions more restrictive than this article to assure that the purposes and objectives of this chapter will be realized. Consideration may be given to site plans, landscaping, general design and development, setback, height, vehicular and pedestrian ingress and egress, and relationship of such factors to existing development in immediate or surrounding areas, as well as proposed future development in surrounding or immediate areas as indicated on the General Plan or any specific plan of the City, and any applicable redevelopment plan. Interior design of buildings shall not be considered except as related to the foregoing; nor shall conditions be imposed to require signs obviously incongruous with the property or surrounding areas. (b) The zoning administrator, in compliance with the foregoing, may approve, conditionally approve subject to modifications, or disapprove any application for a sign permit to relocate, erect, alter or expand any sign or sign structure subject to the following standards: (1) Such approval privilege not circumstances. does not constitute available to others in a special the same (2) Such approval is in substantial compliance with the General Plan and with any applicable redevelopment or specific plan of the city and any applicable development agreement approved by the City or the Santa Ana Redevelopment Agency. (3) The nature, condition and development of adjacent uses, buildings and structures have been considered and no approval shall be granted where such approval will adversely affect or be materially detrimental to said adjacent uses, buildings or structures. f' l , (4) The sign placement, scale, shape, illumination, size, colors, letter styles, or other design aspect is architecturally appropriate and compatible in relation to the development on and adjacent to the site of the proposed sign. site- development, landscaping, construction, color and material of exteriors, other signs, exterior lighting, uses, occupancy, density, and the entire development plan shall be considered prior to sign approval. 20 ORDINANCE NO. NS-2116 25fj Sec. 41-892. Determination by zoninq administrator. If the decision of the zoning administrator should be to approve the sign plans as submitted with no insignificant or minor changes, a permit shall be issued. Otherwise, the zoning administrator shall make no decision until notice to the applicant giving them 14 days to appear and present evidence on his/her behalf is made and given. zoning administrator hearings shall not require notice to anyone other than the applicant. The decision of the zoning administrator shall be final and conclusive, and effective five city business days after giving of notice thereof, unless within said five city business days an appeal in writing is filed with the secretary of the planning commission by the applicant. sec. 41-893. Hearinq before the planninq commission. All appeals shall be heard by the planning commission at a public hearing within 30 days of the notice of said appeal, and on at least 10 days prior written notice to the applicant and appellant and any person requesting notice of the time and place of said hearing. No other notice of said hearing is required. Said notice of hearing may be waived by any person entitled thereto. The planning commission, in making its determination, shall consider the record before the zoning administrator and such additional evidence deemed relevant and received by it at said hearing. The planning commission, in making said determination, shall be governed by the terms and provisions of this article, and its decision shall be final and conclusive. Sec. 41-894. Removal of temporary siqns. In any case where a permit is issued for a sign or advertising display to be installed for a limited time only, the zoning administrator may require, as a condition of approval of the permit, that the applicant post a cash deposit in amount of the estimated cost of removal of the sign, but not to exceed $500.00 refundable upon removal of the sign, and an agreement to permit the city to enter upon the site and remove and dispose of the sign in the event such sign is not removed when required to be removed. SECTION 5: That Division 5 of Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby repealed, and Article XI of chapter 41 of the Santa Ana Municipal Code is hereby amended by adding a new division, to be numbered 5, which said new Division 5 consists of sections 41-895 through 41-900 and reads as follows: 21 '15 ., ~ IJ [, I ,t i . I" ! [I I ORDINANCE NO. NS-2116 DIVISION 5. ILLEGAL AND NONCONFORMING SIGNS Sec. 41-895. Permit requirement. Except as otherwise provided in this article, no person shall place, paint, erect, move, reconstruct, alter or display any sign structure, or allow the same to be done on property occupied or controlled by such person, except in accordance with a permit issued for such sign pursuant to this article. Sec. 41-896. Maintenance of signs. No person shall allow any sign located on property owned, occupied or controlled by such person to remain in a condition of disrepair for a period of more than 30 days. For purposes of this article, a sign shall be deemed to be in a condition of disrepair if it is in need of replacement of defective or missing parts, has a broken or damaged sign face, or is in need of repainting or cleaning in order to be brought into a reasonable sightly and legible condition. Sec. 41-897. Nuisance abatement. Any sign installed, altered or maintained in violation of any provision of this article constitutes a public nuisance and is subject to abatement pursuant to Chapter 17 of this Code. Sec. 41-898. Nonconforming signs. (a) the same buildings A nonconforming sign may be maintained subject to restriction as apply to nonconforming uses and pursuant to Article VI of this chapter. (b) A nonconforming sign which is relocated on the, same site to accommodate a street widening or,other public works project shall retain its status as a nonconforming sign, provided the relocated sign is substantially the same as the sign existing prior to the relocation. Sec. 41-899. Loss of nonconforming sign status. Subject to section 41-898(b), a nonconforming sign becomes an illegal sign and must be removed, altered or changed to comply with all provisions of this article when: (1) The sign is structurally altered or expanded. 22 ORDINANCE NO. NS-2116 () 5 ,." ~ , (2) The sign has ceased, for a period of 90 days or more, to identify or represent any occupant or activity actually located and operating on the site of the sign. For a multi-tenant nonconforming freestanding sign, the discontinued business sign shall be blanked out, and when 50 percent or more of the entire sign is blanked out then the sign shall be removed or shall comply with the provisions of this part. (3) There is damage or destruction to the sign to the extent of more than 50 percent of the value of the sign. (4) The sign face or copy is changed, except that a sheet metal cabinet sign in conformance with an implied or explicit sign program may continue subject to all other provisions of this article. (5) The sign is located on a site on which the building exteriors are undergoing remodeling, renovation, or rehabilitation. Sec. 41-900. Prohibition of illegal signs. No person shall install, construct or maintain an illegal sign. SECTION 6: That Division 6 of Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby repealed, and Article XI of Chapter 41 of the Santa Ana Municipal Code is hereby amended by adding a new division, to be numbered 6, which said new Division 6 consists of section 41-1000 and reads as follows: DIVISION 6. DEFINITIONS Sec. 41-1000. General. The words and phrases used in this article' shall be construed as defined in this division, unless the context clearly requires otherwise. Unless specifically defined in this article, the definitions set forth in other provisions of this code shall likewise apply to this article. 1. Aerial Siqn: a free floating balloon, kite, or similar object not directly secured to property within the city. 23 258 [ [ ORDINANCE NO. NS-2ll6 2. Alter: to change the illumination, position, supporting structure of maintenance. copy, color, size, shape, location, construction or a sign, not including ordinary 3 . Area of a siqn: the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits or writing, representation, logo, or any figure of similar character, together with any frame, background area, structural trim, or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The supports or uprights on which any such sign is supported shall not be included in determining the sign area. The area of signs with two faces shall be considered to be the area of the largest face. The area of signs with three or more faces shall be considered to be the area of the largest face or one-half the area of all the faces, whichever is less. ~ 4. Awninq sign: a sign affixed to or imprinted on a temporary shelter composed of nonrigid material on a supporting framework, affixed to the exterior wall of a building. 5. Business activity: an enterprise offering goods, services, or other consideration to the public, in legal occupancy of a site or of a specific portion of a site and under separate and distinct management from any other enterprise located on the same site. 6. Business frontaqe: the horizontal dimension of or individual business elevation measured level. a building at ground 7. Canopy siqn: a sign affixed to any archi tectural projection extending over a door, window, or outdoor service area. permanent entrance, 8. Chanqeable copy siqn: a sign or portion thereof which copy is changed manually or electrically, such as readerboards and electronic message boards, without altering the face or surface. 9. Construction sign: a sign at the site of a construction project which identifies the project and/or the persons or firms involved in it. 10. Directional siqn: a sign erected for the purpose of facilitating or controlling the efficient and safe movement of pedestrians or vehicles on private property 24 ORDINANCE NO. NS-2116 25:) and containing only directional information and no advertising. 11. Elevation: the visible vertical plane of the side of a building from ground level to the roof line. 12. Elevation. primary: the side of a building directly abutting either a street or a parking area. A business owner may choose which elevation is considered the primary elevation, except that in a multi-tenant building the elevation which is contiguous to other businesses shall be the primary elevation. 13. Elevation. secondarv: any elevation of a building not determined to be a primary elevation. 14. Flaq canopv: a line of flags, or a series of lines of flags, suspended above a site. 15. Freestandinq siqn: a sign standing directly on the ground that is independent from any building or other structure. 16. Frontaqe: the length of a property line along the street that forms its boundary. 17. Frontaqe, primarv: a frontage which is either abutting a major arterial or is longer than other frontages on lots having two or more frontages. 18. Frontaae. secondary: on a lot with frontage on two or more streets, all frontages except that frontage designated the primary frontage. 19. Gross leasable space: a single leasable space regardless of number of tenants or leases within the space. 20. Heiqht of siqn: the overall height of the sign above the top of the curb grade. 21. Illeqal siqn: a sign which does not conform to the requirements and standards of this article and which is not a nonconforming sign as hereinbelow defined. 22. Implied siqn proqram: the predominant pattern of signs within a commercial center which does not have an adopted sign program. 23. Incidental siqn: a sign conveying information that includes, but is not limited to, hours of operation, delivery information, credit cards accepted, and open/closed signs. 25 ::H~O _v ORDINANCE NO. NS-2116 24. 25. r 26. 27. 28. Inteqrated development site: any regardless of the number of lots or that is developed with common architecture or design features. commercial site, individual tenants parking, layout, Item of information: a word, figure, logo, abbreviation, or other symbolic representation. Loqo: a design of letters or symbols used as a trademark or for identification in lieu of, or in conjunction with, other signs. Lot line: a line that separates two lots. Marquee siqn: a sign affixed to a permanent projection extending from the building or beyond the wall of the building. 29. Monument siqn: a freestanding low profile sign with the sign width greater than the sign height and designed with a solid base and background. 30. Multi-tenant development: a development consisting of three or more leasable spaces. 31. Noncommercial sian: a sign which is not any of the following: [ a. A sign which is designed to promote the sale, lease, or exchange of goods, services, or property. b. A sign which is designed to identify or attract attention to any place which sells, leases, of exchanges goods, services, or property. c. A sign which is designed to identify or attract attention to any church or other place of worship, club, nonprofit facility, governmental office or facility, or other such place where a person, group of persons, or organization is engaged in any activity involving interaction with the general public or a significant portion thereof, whether for income purposes or not. d. A directional sign. e. A construction sign. 32. Nonconforminq siqn: any sign which at one time conformed to all applicable requirements and standards of this 26 ORDINANCE NO. NS-2ll6 261 chapter, including all applicable permit requirements, but which subsequently ceased to so conform due to changes in such requirements and standards. 33. Painted siqn: a sign painted directly on a building or on material which is then attached to a building. 34. Parapet: a protective wall or barrier projecting above any canopy, balcony, or roof. 35. Permanent siqn: a sign constructed of weather-resistant material and intended for permanent use. 36. proiectinq siqn: a sign face not parallel to building. attached to a building with the the vertical surface of the 37. Racewav: a conduit to house electrical wires for signs and used to support and/or affix signage on a wall. 38. Real estate siqn: a temporary sign pertaining to the sale, lease, or rental of land and/or buildings. 39. Roof line: the uppermost edge of the roof or the top of the parapet, excluding mechanical equipment screens, whichever is highest. Where a building has several roof levels, the roof line shall be the one belonging to that portion of the building on which the sign is located. 40. Roof siqn: a sign which has a point of attachment to the roof of a building. Architectural projections, including mechanical equipment screens, above any parapet or roof line whose sole function is a background for signs shall be considered a sign structure. A sign on such an architectural projection shall be considered a roof sign. 41. Siqn: letters, figures, symbols, trademarks, or logos, with or without illumination, intended to identify any place, subject, person, firm, business, product, article, or merchandise. A sign includes all parts, materials, frames, and backgrounds. 42. Siqnable area: the area of the largest rectangular portion of a face of a building, to which a sign is affixed or proposed to be affixed, which can be included within parallel, vertical and horizontal lines uninterrupted by significant architec-tural features of the building. 43. site: a unit of land, together with all improvements thereon, determined as follows: 27 262 r: l ,I r ORDINANCE NO. NS-2ll6 (a) A unit of land which may be conveyed separately from any and all adjacent land without the requirement of approval of a tentative map pursuant to the Subdivision Map Act and Chapter 34 of this Code. (b) Two or more buildings or business activities that are or will be related to each other physically or architecturally, such as by sharing off-street parking facilities, so as to form an integrated development, such as a shopping center, industrial park or office complex. 44. Special event siqn or displav: signs or advertising displays or combination thereof which advertise or attract public attention to a special one-time event, the opening of a building or business activity, the sale of goods or services at discounted or otherwise specially advantageous prices, or similar event; but excluding signs pertaining to the sale, lease or rental of real estate. 45. Temporary siqn: any sign that is used only temporarily and is not permanently mounted. 46. Under-canopy siqn: a sign that is suspended below a canopy or marquee perpendicular to the nearest elevation. 47. Unshielded liqhtinq: an external illumination source which is exposed to view. 48. Wall siqn: painted on a a building. a sign which is attached parallel to or wall, including parapet or canopy fascia, of 49. width of siqn: the total horizontal dimension of a sign, including all frames or structures. 50. Window siqn: a sign that is attached to or is intended to be seen in, on, or through a window and is visible from the exterior of the window. SECTION 7: That sections 41-619.13, 41-619.14, 41-619.15, 41- 619.16, and 41-619.17 of the Santa Ana Municipal Code are hereby repealed. SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordihance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, 28 ORDINANCE NO. NS-2l16 268 phrase or portion thereof irrespective of the fact that anyone more sections, subsections, sentences, clauses, phrases, portions be declared invalid or unconstitutional. or or SECTION 9: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 18th day of March 1991-. ice c. Guy erk of the Counc ~#:!(\ Mayor ATTEST: COUNCILMEMBERS: Young Pulido Acosta Griset McGuigan Norton Richardson Ave Ave Ave Ave Ave Ave Aye APPROVED AS TO FORM: ~~~ city Attorney 29 2614 ORDINANCE NO. NS-2116 CERTIFICATE OF ORIGINALITY & PUBLICATION , State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance NS-21l6 to be the original ordinance adopted by the City Council of the City of Santa Ana on 3/18/91 ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. ft: c y,5zt. .v~/" erk of the Coun I, Date City of Santa Ana t . ., iJ I' ,> I I