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HomeMy WebLinkAboutNS-2444 - Municipal Code Relating to Additional Banner Sign Where Access to a Business is Directly Affected by City Public Works Projects143 ORDINANCE NO. NS-2444 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 41-871 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ADDITIONAL BANNER SIGN WHERE ACCESS TO A BUSINESS IS DIRECTLY AFFECTED BY CITY PUBLIC WORKS PROJECTS BK:8/24/00 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana finds, determines and declares as follows: A. Current law gives businesses the right to install banner signs of specified size up to four times per year for a maximum of thirty days for each time the banner sign is installed. B. Certain businesses in the City take direct access from City streets on which the City's Public Works Agency, from time to time, undertakes major public works projects, such as street widening or installation of utilities. C. These major public works projects often require lane closures and could otherwise cause vehicle drivers to not be aware of temporary driveways or other temporary access provided by the City to ensure that these businesses remain accessible to their customers. D. The City Council believes that it appropriate to allow these businesses, who are directly affected by City major public works projects on streets to be entitled an additional banner sign not otherwise available to businesses in the City. E. This additional banner sign should be allowed only for the period in which the street on which the business is accessed is directly under construction. F. This additional banner sign, because it is in excess to the other signs provided for under the City's Municipal Code, should be limited to providing information that the business remains open while the construction caused by the City is underway. G. It is not the intent of the City Council to engage in impermissible content control in adopting this ordinance, but to allow an additional banner sign, not otherwise permitted, to businesses in a unique situation. Should a court of competent jurisdiction find that this ordinance constitutes impermissible content control, it is the intent of the City Council that subdivision (4) of section 41-871 of the Code, added by this ordinance, be stricken from the Code in its entirety. Ordinance No. NS-2444 Page 1 of 3 144 SECTION 2: Section 41-871 of the Santa Ana Municipal Code is hereby amended to add a new subdivision (4) and to renumber the existing subdivisions (4) and (5) as (5) and (6) respectively, as follows: Sec. 41-871. Special event signs or displays. 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. (1) 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 fourteen (14) successive days, except that grand opening signs shall be permitted for a period not to exceed thirty (30) days. Further, sign permits for grand openings shall be permitted for a period not to exceed thirty (30) days from the date the certificate of occupancy of the business is issued. (3) No more than four (4) special event sign permits, including grand opening signs, shall be issued for each business with a valid certificate of occupancy during each calendar year. (4) Notwithstanding subdivisions (2) and (3), special event sign permits for signs announcing that a retail, office or professional business is "open during construction" (or similar words), which are granted for sites which take vehicular access from a public street on which a street widening or other public works project is underway shall be permitted for the period during which the street widening or other public works project directly impairs vehicular access to the site. The Executive Director of the Public Works Agency or designee shall notify such permit holders not later than f~een (15) days prior to the end of the project or phase of project in order to allow permit holders sufficient time to remove the sign or display. One special event banner sign under the terms of this subsection shall be permitted for each affected building. The special eve. n banner sign shall be located facing the street on which the project i{~ underway, where feasible. (5) Such special event sign or display shall include no more than banners and parking lot light pole flag displays and shall not include flag canopies, aerial signs or freestanding signs. Ordinance No. NS-2~.~. Page 2 of 3 145 (6) The special event banner sign shall not exceed thirty-six (36) square feet in area and shall not exceed eighteen (18) feet in length. ADOPTED this 18th dayof September .,2000. ATTEST: Patricia E. Healy // Clerk of the Council Mayor COUNCILMEMBERS: Pulido Aye Lutz Aye Bist ~:ye Christy Aye Franklin Aye McGuigan Aye Moreno Absent APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By ~ /, ~ ~ . Benja~ Ka~fman Chief~Assistant City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2444 to be the original ordinance adopted by the City Council of the City of Santa Ana on ~/~'-'OO ; and that said ordinance was published in accordance with the Charter of the City of Sa~~ Date: / [ Clerk of the Council // City of Santa Ana Ordinance No. NS-2444 Page 3 of 3