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HomeMy WebLinkAboutNS-2493 Not adoptedORDINANCE NO. NS-2493 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING SPECIAL EVENT SIGNS AND BANNERS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: The Neighborhood Improvement and Code Enforcement (NI/CE) Committee of this Council has raised concerns regarding the blighting influence of temporary signage in Santa Ana. A dramatic increase in the display of non-permitted banners and light pole flags along major arterials and within commercial centers in the city has been observed. Enforcement efforts underway to address illegal temporary signage have been extremely difficult and time consuming in part because of vagueness and opportunities to conceal violations present under the current Code provisions. As a result, the perception exists that there is a lack of regulation of banners. Issues such as proper banner maintenance, improper display and general signage clutter have been identified as serious concerns. The City Council desires to revise provisions of the Code regarding special event signage at private businesses in order to make them more understandable, easy to administer, and enforceable. Section 2. The City Council has reviewed and considered the information contained in the initial study and Negative Declaration No. 01-136 prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the headngs on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be faidy argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Cede of Regulations ("CCR") § 735.5(c)(1 ), the City Council has determined that, after considering the record as a whole, there is no evidence Ordinance No. NS-2493 Page 1 of 9 that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 41-851 of the Code is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): 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: (1) Any billboard or other off-premise 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 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 (1) window does not exceed twenty-five (25) per cent of the area of each window. (6) In commercial or manufacturing zones, nonfreestanding incidental sign area not exceeding two (2) square feet in size per elevation and attached flush to a door, wall or window Ordinance No. NS-2493 Page 2 of 9 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 exempted from compliance with all sections of this article except section 41-860. (d) Except as otherwise provided, signs in the downtown district are exempted from compliance with sections 4~. ~o~, 41-862 through 41-872 of this article. (e) Signs in the Commercial South Main district shall comply with the provisions of article III, division 21 of this chapter. Section 4. Section 41-861 of the Code is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-861. Additional regulations. No sign is permitted that: (1) Is an A-frame, sandwich board or other portable, temporary advertising display including b=r.r, cm special event flags, festoons and flag canopies ~'1-' ............,~, _3_ ,.,~, ................... I-' ........ (2) I po ry .... ;"~ ..... ~ a...., banners ;""* s a tem ra.~,"" ..~. .............. uw, , ......... , cc.~c~Jcc crv.,,..,"*~'~' -,.~.,..~v,'~;""' .... except as permitted by a special event bannerci;c permit issued pursuant to sections 41-872 of this Code. (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 of sign. (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. Ordinance No. NS-2493 Page 3 of 9 (6) Duplicates or repeats copy on the same sign. (7) Is a graphic of paint or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director. Section 5. Section 41-871 of the Code is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-871. Special event banners ci[;nc cr dlc~.Icy=. No person shall install or maintain or allow to be installed or maintained on property occupied by such person any special event banner, sign or temporary display of any type or form, except in accordance with the following requirements. (1) The special event banner c!.~: cr di=~.Ic~' 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. Such permit shall be kept and maintained at the business premises at all times. (2) The special event banner~.~ ....... ,.._~ shall not be maintained for more than fourteen (14) successive days,oxc~.~-' ...... *~'~' ~ .... ..... '~ (3) No more than four (4) special event bannercl.3~ permits; =---"'-~; ...... '~ .... =-" "~""~ shall be issued for each tenant space or business location with a valid certificate of occupancy during each calendar year, nor shall any special event banner permit be issued until expiration of a ninety (90) day period from issuance of the most recent special event banner permit for that tenant space or business location. A fifth (5th) special event banner permit in a calendar year may be issued for a grand opening; provided, however, that no property can have more than two (2) grand openings in any twelve month period. (4) Notwithstanding subdivisions (2) and (3), special event banner $!~,~ 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 Ordinance No, NS-2493 Page 4 of 9 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 hater than fifteen (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 (1) special event banner ~,!;: under the terms of this subsection shall be permitted for each affected building. The special event banner ,~i,G.". shall be located facing the street on which the project is underway, where feasible. (5) Such special event bannercl;,-,v,"' .,v,.,_."=~"~"" shall include no more than one banners made from cloth, fabric, plastic or similar- type foldable ' '~=~' .... and material ~'~ "~'~'"" '~' ';*"' "~'~ "~ shall not include flag canopies, aeriaL signs, parking lot light pole flag displays or freestanding signs. (6) The special event banner ci~;,~ shall not exceed thirty-six (36) square feet in area and shall not exceed eighteen (18) feet in length. (7) All special event banners shall be neatly installed, attached to a building wall, maintained in a clean, attractive and sanitary condition without tears, and shall be kept at all times in good condition and repair, including no missing letters. (8) Any person who, pursuant to the provisions of section 1-21 of this Code, is found to have violated this section of the Code, shall, in addition to the penalties set forth in section 1-21.3, be liable for the following enforcement enhancement: (i) for the first violation, loss of one permit privilege; (ii) for the second or subsequent violation within any twelve-month period, loss of permit privileges for twelve months. Section 6. Section 41-894 of the Code is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-894. Removal of temporary banners,_signs or displays. In any case where a permit is issued for a banner, 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 Ordinance No. NS-2493 Page 5 of 9 cash deposit, in amount of the estimated cost of removal of the sign but not to exceed five hundred dollars ($500.00) refundable upon removal of the sign, and an agreement to permit the city to enter upon the site and remove ~-'~ '~; ..... cf the sign in the event such sign is not removed when required to be removed. Any such removed sign will be maintained and stored by the Planning and Building Agency, and after thirty days written notice to the applicant, if not reclaimed; the City may dispose of the sign. Section 7. Subsection (44) of Section 41-100 of the Code is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only, subsections containing definitions which are not amended by this ordinance are not shown in order to increase understanding): Sec. 41-1000. Definitions. (44) Special event banner cig.~..."' ...~.._~'~'--' ..... Banner, signs or advertising displays or combination thereof, of any form or type, which advertise or attract public attention to a special c,'~c t!,,mc event, the opening of a building or business activity, the sale or goods or services at discounted or otherwise specially advantageous pdces, or similar event; but excluding signs pertaining to the sale, lease or rental of real estate. Section 8. Section 41-1037 of the Code is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only): Sec. 41-1037. Special Event ..... ,. .... ~ banners. Special event ~', v,,,~...,..,~ ........ banners shall be subject to the regulations applicable to special event ~.,~..,~..~,-.~ ........ banners located outside of the downtown district, including but not limited to section 41-871. Section 9. Subsections (c) and (f) of Section 41-532 of the Code, which regulates signage in the South Main Street distdct is hereby amended to read as follows (new language shown in bold, deleted language shown in strikeout for tracking purposes only, subsections containing definitions which are not amended by this ordinance are not shown in order to increase understanding): Sec. 41-532. Signage - South Main Street district, c) Additional regulations. No sign is permitted that: Ordinance No. NS-2493 Page 6 of 9 (1) Is an A-frame, sandwich board or other portable, temporary advertising display including .b=.-..-.cr: special event flags, festoons, and flag canopies. (2) I '~* .... -,-~ ..... * "~-'~banners, .......... s a temporary cr v~. .............. ~v, flog cc,~cplcc crv.,,..,~'"~' ..,..~.,..~..,'~=--' .... except as permitted by a special event bannerclg~ permit issued pursuant to sections 41-872 of this Code. (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 of sign. (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 or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director. (8) Advertises or directs a use not being made on the premises where such sign is displayed or which identifies a product, activity, interest, service or entertainment not available on the premises where such sign is displayed. Any such sign shall be immediately removed at the time the use, product, activity, interest, service or entertainment is no longer made or available on the premises. f) Special event banner s,u ........ ,.,.. ~ . 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 provisions of section 41-871 of the Code. Ordinance No. N$-2493 Page 7 of 9 Section 10. 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 ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ADOPTED this day of ,2002. Miguel A. Pulido Mayor Ordinance No. NS-2493 Page 8 of 9 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2493 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2493 Page 9 of 9