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HomeMy WebLinkAboutNS-2375 - Temporarily Prohibiting the Establishment of any New, Non-Aerial Baloon Signs416 ORDINANCE NO. NS-2375 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA TEMPORARILY PROHIBITING THE ESTABLISHMENT OF ANY NEW, NON-AERIAL BALOON SIGNS The City Council of the City of Santa Ana finds, determines and declares as follows: 1. Provisions of Article XI of Chapter 41 of Santa Ana Municipal Code ("Code") that regulate special events signs and banners, including but not limited to sections 41- 861 (4) and 41-871 (4) of the Code, need review, study and possible revision in order to respond to recent concerns relating to visual blight. Because of their age, such provisions fail to fully take into account the potential impacts of such signage, including non-aerial balloon signs, on the image of the City and fail to address the needs of the City and its residents today and in the future. 2. Given these concerns, the Planning Commission has requested that a review be undertaken of the current provisions of Article XI of Chapter 41 of the Code as it relates to all special events signage, including banners and non-aerial balloons. The Planning Commission has expressed concerns that temporary signage currently permitted under the Code contributes to visual blight in the City. 3. The Planning Commission has also expressed concern that the current regulations reinforce a perception in the business community that the City does not regulate temporary signage. Within the last two years the Community Preservation Division has issued over 1,600 warning notices to businesses with illegal temporary signage. 4. Of particular concern are roof mounted, non-aerial balloon signs, which can be visible for several blocks and are especially intrusive when installed on a building immediately adjacent to a single family neighborhood. Current regulations of temporary signage allow roof mounted, non-aerial balloon signs in all parts of the City, including areas immediately adjacent to residential neighborhoods. 5. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. 6. Without adoption of this ordinance, properties in the City could quickly receive entitlements to establish special event signs, including non-aerial balloon signs throughout the City, despite the fact that the City Council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revised Code sections to address these concerns. 7. The City Council has directed that all studies be pursued as expeditiously as is practicable, and has directed staff to expeditiously pursue appropriate revisions to the Code. 8. In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any Code amendments, general plan amendments or specific plan amendments which may be adopted by the City as a result of the studies, in that new non-aerial balloon signs within the City may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plan or specific plans. Moreover, permitting such signs to be established during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. 9. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the City and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such an urgency are set forth in paragraphs 1-8, inclusive of this ordinance. 10. The City Council further finds that this is a matter of City-wide importance and is not directed towards nor targeted at any particular parcel of property or proposed use. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDA1N AS FOLLOWS: Section 1: Prohibition. No special event sign or display permit shall be issued, nor shall such a sign or display be established, for a non-aerial balloon sign. This prohibition shall not prohibit the maintenance of a non-aerial balloon sign for which a valid permit has been issued prior to the date of this Ordinance, provided that such sign shall comply with the provisions of section 41-871 of the Code relating to the time limit that such a sign may be displayed. 2 4, .8 Section 2: Expiration. This ordinance shall be of no further force and effect 45 days from the date of its adoption, unless extended by further action of the City Council. Section 3: Publication. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 4: Emergency Measure. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth at paragraphs 1 through 10, inclusive of this ordinance. ADOPTED this ~ day of November, 1998. ATTEST: Mi~,~l A Pulido Mayor COUNCILMEMBERS: Pulido Aye Richardson Espinoza g. ye Lutz McGuigan Aye Franklin Aye Moreno Nay APPROVED AS TO FORM: Jos~h y. Flet_c~r, City Attorney d/~j~amisffs~Attome //~iefA ' 'ty y 3 CERTIFICATE OF ORIGINALITY & PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. /V$-~,37~to ~e the original ordinance adopted by the City Council of the City of Santa Ana on ////6./q~ ; and that said ordinance was published in accordance with the Charter/of th6 City of Santa Ana. Date: /i /// 71q ~cl , / , /~/ C~erk ~of ~e ~unc .~ _ /~ City of Santa Ana