HomeMy WebLinkAboutItem 67 - Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance) Planning and Building Agency
www.santa-ana.org/departments/planning-and-building
Item # 67
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)
AGENDA TITLE:
Public Hearing - The City of Santa Ana is Proposing to Repeal Article XII (Off-Premise
Commercial Advertising Signs) of Chapter 41 (Zoning) of the Santa Ana Municipal Code
(SAMC) and Adopt a New Ordinance that Would Allow the Construction of New Digital
Billboards and Reconstruction of Existing Billboards with Digital Displays, Subject to
Certain Location and Development Standards
RECOMMENDED ACTIONS
1. Adopt the resolution for Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, Environmental Review No. 2022-19, and
2. Approve first reading of an ordinance approving Zoning Ordinance Amendment (ZOA)
No. 2022-01 to repeal Article XII of Chapter 41 of the Santa Ana Municipal Code and
adopt a new off-premise commercial advertising signs (billboards) ordinance, and to
modify thresholds for development project plan approvals for billboards.
EXECUTIVE SUMMARY
The City of Santa Ana is proposing to repeal Article XII (Off-Premise Commercial
Advertising Signs) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) and
re-adopt a new ordinance that would allow the construction of new digital billboards and
reconstruction of existing billboards with digital displays, subject to certain location and
development standards. The existing ordinance, adopted in 1984 and last modified in
1987, is out of compliance with State laws and does not address the evolving nature of
the billboard industry. Under the proposed ordinance, digital billboards would be allowed
subject to certain permit requirements, as well as obligations to remove static billboards
in Santa Ana or community and economic benefit plan agreements.
Planning Commission Action
At its regularly scheduled meeting on April 25, 2022, the Planning Commission voted 6:0
(Vice-Chair Pham absent) to recommend that the City Council approve and adopt the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and
adopt an ordinance approving ZOA No. 2022-01. The recommendation to approve also
includes modifications to the operating agreement section to address minimum local
hiring requirements to be considered for alternatives to required billboard reductions in
Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)
June 21, 2022
Page 2
2
7
3
9
the operating agreement template, and to incentivize local hiring from Santa Ana
residents, which have been incorporated into the draft ordinance in Section 41-1113 and
into the Economic and Community Benefits Plan segment in Section 1 of the draft
Operating Agreement template that is described in further detail on page 5 of this report.
DISCUSSION
Background and Existing Conditions
Article XII of the Zoning Code was first adopted in 1984 (Ordinance NS-1722), allowing
and regulating off-premise commercial advertising signs (billboards) subject to certain
location and development standards. In 1987, the City Council adopted Ordinance NS-
1915 to amend and update billboard regulations by excluding such advertising signs from
“Critical Development Areas” and “Improvement Areas,” which restricted billboard
placement in many areas of the City.
Beginning in 2017, the City Council directed staff to explore updating the existing billboard
ordinance to allow for new digital billboards and the conversion (reconstruction) of existing
billboards to digital displays subject to providing net economic and community benefits
that may include public service announcements, reduction of existing static billboards
within the City, and revenue sharing. Areas of exploration for new digital billboards
included freeway corridors, Downtown parking structures, and the Santa Ana Stadium.
Following this evaluation, in November 2018, staff provided feedback on the research to
the former Economic, Development, Infrastructure, Budget & Technology (EDIBT)
Committee in place at the time to proceed with regulations allowing digital billboards along
freeways within City limits.
The City of Santa Ana Public Works Agency is in a concurrent process to enter into an
agreement with a vendor for the installation of digital billboards and other digital
advertisements on City-owned sites along freeways, major roadways, bus shelters, and
City-owned parking structures in Downtown. This agreement was subject to separate
consideration by the City Council and approved with modifications on April 19, 2022.
However, the development regulations drafted for the agreement are consistent with
those proposed by the ordinance that is the subject of this request.
There are currently 92 billboard structures in Santa Ana for off-premise advertising. These
billboards are all static (non-digital) and are located along freeways and roadways, such
as at major intersections and on major arterials. The existing billboards range in size, with
small, medium, and large displays; displays with or without external illumination; and
displays that are either single- or double-sided.
Nearly all of the existing off-premise billboards are legal nonconforming because they are
located in areas identified as “Critical Development Areas” and “Improvement Areas” on
a map adopted in 1987, and because of their size, location, and lack of billboard permit.
Because the proposed ordinance would allow only digital billboards, these existing static
Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)
June 21, 2022
Page 3
2
7
3
9
billboards would remain legal nonconforming. However, the proposed ordinance would
allow installation of digital billboards in exchange for removal of static billboards citywide.
Proposed Ordinance
The proposed ordinance would allow the construction of new digital billboards and
reconstruction of eligible existing, static billboards to contain digital displays. Digital
billboards would be permitted only on sites near a freeway, and new static displays would
be prohibited. Depending on the type of construction or conversion proposed, digital
billboards would require administrative (staff) review and approval, or approval of a
conditional use permit (CUP) by the Planning Commission. Table 1 of this report outlines
the proposed review and approval process.
Table 1: Proposed Review and Approval Process
All digital billboards would be subject to execution of an operating agreement of form and
content acceptable to the City Manager. The use of operating agreements is similar to
existing procedures and templates in use for other unique project types, such as
commercial cannabis businesses. Table 2 of this report illustrates the proposed
development standards for digital billboards.
Billboard Type Permit Type
Required
Approving
Body
Public Hearing
Required
Development Project
Plan Director of PBA
Conditional Use
Permit
Planning
Commission
New Digital Billboard
Operating Agreement City Manager
Yes
Development Project
Plans Director of PBAConversion/Reconstruction
of Existing Freeway-Oriented
Static Billboard Operating Agreement City Manager
No
Development Project
Plan Director of PBA
Conditional Use
Permit
Planning
Commission
Conversion/Reconstruction
of Existing Freeway-Oriented
On-Premise Sign
Operating Agreement City Manager
Yes
Development Project
Plan Director of PBA
Conditional Use
Permit
Planning
Commission
Relocation of Existing Static
or Digital Billboards (1)
Operating Agreement City Manager
Yes
Notes:
1. If required and permitted by the California Outdoor Advertising Act, as amended from time to time.
Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)
June 21, 2022
Page 4
2
7
3
9
Table 2: Proposed Development Standards
Item Existing Ordinance Proposed Ordinance
Site Use or Zoning Prohibited on sites zoned
Residential Estate (RE), Single-
Family Residence (R1), Two-
Family Residence (R2), Multiple-
Family Residence (R3)/High-
Density Multiple-Family Residence
(R3H), Suburban Apartment (R4),
Professional (P), and Civic
Development (CD), as well as
Critical Development Areas and
Improvement Areas map.
Allowed sites zoned and used for
non-residential purposes; may be
modified with issuance of a CUP
in specific development zones,
specific plan areas, and overlay
zones where mixed-use
residential/commercial
developments are permitted.
Location near
Freeway
Prohibited within 750 feet of a
freeway right-of-way.
Allowed within 300 feet of the
edge of payment of a freeway.
Separation from
Residential
Prohibited within 300 feet of
residentially-zoned or used
property.
Minimum 500-foot separation from
residentially-zoned property; may
be reduced to 150-foot separation
subject to issuance of a CUP in
specific development zones,
specific plan areas, and overlay
zones where mixed-use
residential/commercial
developments are permitted.
Overall Height Maximum 35 feet.Maximum 60 feet.
Size of Billboard
Face
Maximum 300 square feet.As permitted by Caltrans
(maximum 25 feet by 60 feet, and
maximum 1,200 square feet).
Separation
Between Billboards
Minimum 800 feet.Minimum 1,000 feet between
digital billboards (as permitted by
Caltrans)
Lighting No external or internal (digital)
illumination permitted.
No external illumination permitted;
maximum illumination of digital
display 0.3 foot-candles above
ambient lighting conditions.
Permit
Requirement
Billboard permit subject to Zoning
Administrator review and
approval; Relocation subject to
billboard permit review and
approval by the Zoning
New billboard: CUP + Operating
Agreement
Conversion/Reconstruction:
Administrative Approval +
Operating Agreement
Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)
June 21, 2022
Page 5
2
7
3
9
Item Existing Ordinance Proposed Ordinance
Administrator, and relocation
agreement review and approval by
the Planning Commission and City
Council.
Conversion of Existing Digital On-
Premise Sign and Relocation of
Existing Billboard: CUP +
Operating Agreement.
Operating
Agreement
None required.All billboards would be subject to
execution of an Operating
Agreement demonstrating
provisions providing net economic
and community benefits.
Billboard Removal
and Economic and
Community
Benefits
Obligations
None required.All billboards would be subject to
removal of static billboards from
within Santa Ana, with an option
for obligations to fulfill economic
and community benefits.
Operating Agreement
Pursuant to Section 41-1113 of the draft ordinance, all billboards would be subject to
execution of an Operating Agreement (OA) providing a minimum annual guarantee fee to
the City equivalent to $90,000 per face of the digital billboard in General Fund revenue
and demonstrating provisions providing net economic and community benefits through
an Economic and Community Benefits Plan.
Examples of the benefits include the removal of legal nonconforming billboards; minimum
display percentages or times for the advertising of City events and public service
announcements; public art programming; physical site improvements; automatic
brightness reductions or automatic display shutoffs due to proximity to sensitive land
uses; minimum advertising of goods, products, or services provided onsite; monetary
contribution intended for streetscape amenities or publicly accessible open space that
enhances the quality and comfort of the pedestrian experience; minimum 20-percent local
hiring from Santa Ana residents to be considered for billboard removal alternatives
through the Economic and Community Benefits Plan; and/or financial contributions to the
City with the intent to achieve the same results.
The OA template also contains provisions allowing sites to reduce obligations to remove
nonconforming billboards, subject to certain criteria. These include being a regional
automobile dealership, business, or commercial center, and demonstration of large
volumes of taxable sales and minimum 20 percent local employment, commitment to
physical onsite improvements, as well as committing to minimum 30 percent displays of
goods or products sold onsite.
Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)
June 21, 2022
Page 6
2
7
3
9
Analysis
Since the adoption of Ordinance Nos. NS-1722 and NS-1915, amendments to the
Outdoor Advertising Act and other regulations and policies of the California Department
of Transportation (Caltrans), as well as changes in technology allowing digital displays on
billboards, have rendered many segments of the Article XII of Chapter 41 of the SAMC
outdated and obsolete. This status effectively prohibits construction or reconstruction of
new or existing billboards, as well as installation of electronic message displays. Since
their adoption, these ordinances have also effectively rendered existing billboards in
Santa Ana as legal nonconforming.
The California Outdoor Advertising Act, set forth in California Business and Professions
Code Section 5200 et seq., generally provides that compensation must be paid to
billboard owners for the removal, abatement, or limitation of the customary maintenance,
use, or repair of certain lawfully erected nonconforming billboards, except through a
relocation agreement. Business and Professions Code Section 5412 specifically
empowers a city to enter into relocation agreements on whatever terms are agreeable to
an outdoor advertising display owner and such city as a means of eliminating the need to
pay compensation for their removal from areas of the city that may be inappropriate or
cause blight.
Construction of new billboards is prohibited along highways designated as landscaped
freeways with certain exceptions, including the construction of relocated billboards
pursuant to California Business and Professions Code Section 5443.5 or the construction
of new billboards along portions of landscaped freeways that have been declassified.
Business and Professions Code Section 5412 further empowers a city to adopt
ordinances or resolutions providing for the relocation of billboards. However, the
relocation provisions contained in the current ordinance effectively prohibit relocation of
billboards within the City; therefore, the proposed ordinance would bring the City’s off-
premise commercial advertising signs ordinance into compliance with State law.
Improvements in technology have also allowed for the modernization of advertising by
way of the creation of digital messaging, which have been utilized by advertising
companies throughout the nation for both on- and off-premise commercial advertising
displays. In Santa Ana, digital on-premise advertising signs have been permitted by the
Zoning Code since 2014; five such displays currently exist at MainPlace, the Discovery
Cube, Tom’s Trucks Center, McFadden Place, and the Auto Mall and will remain
permitted through their respective Regional Planned Sign Program applications, pursuant
to SAMC Sec. 41-885. The regulations applicable to these types of on-premise digital
displays are reflected in the draft ordinance for off-premise digital signs, as they have
been proven to effectively reduce the visual impact of digital signs based on ambient
lighting conditions (i.e., sunny, cloudy, dawn/dusk, and nighttime brightness).
Should the ordinance be adopted and implemented, it is estimated that a total of 10-15
new digital or converted digital billboards may be constructed along either the Santa Ana
Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)
June 21, 2022
Page 7
2
7
3
9
(I-5), Garden Grove (SR-22), and Costa Mesa (SR-55) freeways. The segments include
portions of I-5 between MainPlace Mall and the Santa Ana Zoo, a small segment of SR-
22 near Grand Avenue, and SR-55 between I-5 and MacArthur Boulevard. Portions of
SR-22 and SR-55 near residential areas would be largely excluded due to proximity to
residential areas and Caltrans designation as landscaped freeways. The ordinance’s
proposed development regulations would require that all displays be freeway-oriented to
reduce visual impact onto any nearby private properties, such as residential uses,
schools, and parks. As Santa Ana contains some of the region’s most heavily-travelled
freeways, the City is in a position to maximize visibility and revenue-generating capacities
from the new billboards. The proposed ordinance is also drafted to be in compliance with
all current applicable State and Federal regulations, including prohibitions against locating
new digital billboards in any areas designated as landscaped freeway and/or scenic
highways.
Public Notification and Community Outreach
The Planning Commission held three work-study sessions on the proposed ordinance in
June and July 2020 and in February 2022. The three work-study sessions were published
on each meeting’s respective agendas. The Planning Commission posed questions and
provided feedback to staff during each study session regarding location, separation, and
digital display brightness, as well as economic and community benefits. The proposed
ordinance is reflective of this feedback. As the work-study sessions were published on
the meetings’ agendas, opportunities were provided to the community to provide
feedback and pose questions.
As part of the ordinance preparation process, including the release of the Mitigated
Negative Declaration for the 30-day public comment period, the City notified and received
communication from 10 established Neighborhood Associations that could be affected by
construction or reconstruction of new digital billboards. These Neighborhood Associations
include: Morrison/Eldridge Park, Fisher Park, Floral Park, Santa Ana Triangle, Park
Santiago, Logan, Grand Sunrise, Mabury Park, Saddleback View, and Lyon Street. As of
the date of this report’s publication, no significant issues or concerns were identified by
any of these 10 Neighborhood Associations’ contacts or residents.
In accordance with Assembly Bill No. 52, the City sent invitations for consultation to local
Native American tribes. Following the 30-day invitation period for consultation, no
requests were received. Lastly, notifications of the proposed ZOA were published in
accordance with City and State regulations. A copy of the public notice is provided in
Exhibit 5.
ENVIRONMENTAL IMPACT
A Mitigated Negative Declaration (MND) including one technical study evaluating air
quality and greenhouse gas, was prepared for the project. No areas of significance or
unavoidable impacts were determined to occur from the construction or operation of the
proposed project with the implementation of mitigation measures (Exhibit 1). The MND
Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)
June 21, 2022
Page 8
2
7
3
9
was available for public review and comment for 30 days as required by CEQA between
March 7 and April 6, 2022. One comment was received from the City of Orange. A written
response to the comment were prepared and incorporated into the environmental
document.
The project requires adoption of a Mitigation Monitoring and Reporting Program (MMRP),
which will reduce all identified impacts to less than significant with implementation of the
MMRP. Based on the environmental checklist form completed for the proposed project
and supporting environmental analysis, the project would have no impact or a less than
significant impact on the following environmental issue areas: Aesthetics, Agriculture and
Forestry Resources, Air Quality, Biological Resources, Energy, Greenhouse Gas
Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources,
Noise, Population and Housing, Public Services, Recreation, Transportation, Utilities and
Service Systems, and Wildfire. The proposed project’s impacts on the following issue
areas would be less than significant with the implementation of mitigation: Cultural
Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural
Resources. All impacts would be less than significant after mitigation.
FISCAL IMPACT
Applications for new or reconstructed/converted billboards are expected to generate up
to $95,000 in cost recovery monies stemming from application processing over the life of
the ordinance, based on the current conditional use permit application fee of $6,150.89
and up to 15 locations, subject to annual fee rate adjustments.
In addition, the estimated value of the economic and community benefits deriving from
each billboard in monetary value is expected to generate a minimum of $180,000 in
General Fund revenue per double-sided billboard annually, subject to three-percent
annual increases, or 30 percent of the annual net advertising revenue. The total expected
minimum revenues based on up to 15 locations is $2.7 million annually, an annual figure
expected to be achieved over a five- to ten-year period.
EXHIBIT(S)
1. Resolution Approving and Adopting Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program
2. Ordinance approving Zoning Ordinance Amendment No. 2022-01.
3. Billboard Potential Areas Maps
4. Map of Existing Billboards in Santa Ana
5. Draft Operating Agreement Template
6. Copy of Public Notice
Submitted By: Minh Thai, Executive Director, Planning and Building Agency
Approved By: Kristine Ridge, City Manager
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADOPTING THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR
THE SANTA ANA OFF-PREMISES COMMERCIAL
SIGNS ORDINANCE UPDATE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A.The City of Santa Ana is seeking approval of Zoning Ordinance
Amendment No. 2022-01 to repeal and reenact in its entirety Article XII of Chapter 41 of
the Santa Ana Municipal Code pertaining to off-premise commercial advertising signs
(billboards). This Ordinance, referred to as the Santa Ana Off-Premises Commercial
Advertising Signs Ordinance Update Project (“Project”), would allow the construction
and reconstruction of new digital billboards in certain areas of the city subject to location
requirements and development standards.
B.The Project is required to undergo an environmental review pursuant to
the California Environmental Quality Act (CEQA) and the state CEQA Guidelines.
Through its consultant, the City prepared an Initial Study leading to a Mitigated Negative
Declaration (“IS/MND”) for the Project. Based on the IS/MND, the Project would have
no impact or a less than significant impact on the following environmental issue areas:
Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources,
Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and
Planning, Mineral Resources, Noise, Population and Housing, Public Services,
Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Project’s
impacts on the following issue areas would be less than significant with the
implementation of mitigation: Cultural Resources, Geology and Soils, Hazards and
Hazardous Materials, and Tribal Cultural Resources. All impacts would be less than
significant after mitigation.
C.The Mitigated Negative Declaration (MND), Environmental Review (ER) No.
2022-19, for the Project reflects the City’s independent judgement and analysis as lead
agency for the project.
D.On March 7, 2022, a Notice of Intent (NOI) to adopt the IS/MND, ER No.
2022-19, was published in the Orange County Register newspaper and circulated to
interested parties, including listed contacts for 10 Neighborhood Associations in Santa
Ana.
Resolution No. 2022-XXX
Page 1 of 6
E.In accordance with California Pubic Resources Code section 21091 and
State CEQA Guidelines Section 15073, the Initial Study/Mitigated Negative Declaration
for the Project was circulated for a 30-day public review and comment period from
March 7 through April 6, 2022. The City initiated a 30-day public comment period by filing
a Notice of Completion and Availability with the State Office of Planning and Research.
The document was available for public review at the Santa Ana City Hall, Santa Ana
Public Library, on the project’s webpage on the City’s website, and at State Office of
Planning and Research State Clearinghouse webpage (SCH Number 2022030204). At
the completion of the comment period, one comment from the City of Orange was
received and incorporated as part of the Final Initial Study/Mitigated Negative Declaration
(“Final IS/MND”) and is incorporated herein by reference.
F.The mitigation measures set forth in the MND are fully enforceable and will
be implemented using the related Mitigation Monitoring and Reporting Program,
accompanying the Final IS/MND in order to avoid or minimize adverse environmental
impacts identified therein.
G.On April 25, 2022, the Planning Commission of the City of Santa Ana held a
duly noticed public hearing to consider all testimony, written and oral, related to the Final
IS/MND and the related Mitigation Monitoring and Reporting Program for the Project, at
which time all persons wishing to testify were heard. The Planning Commission
recommended that the City Council adopt MND, ER No. 2022-19, and the related MMRP
for the Project.
H.On June 21, 2022, the City Council of the City of Santa Ana held a duly
noticed public hearing to consider all testimony, written and oral, related to the Final
IS/MND and the related Mitigation Monitoring and Reporting Program for the Project, at
which time all persons wishing to testify were heard, and the project was fully
considered, and all other legal prerequisites to the adoption of this Resolution occurred.
Section 2. The City Council has independently reviewed and analyzed the
information contained in the Final Initial Study/Mitigated Negative Declaration for the
Project. The City Council has, as a result of its consideration and the evidence
presented at the hearing on this matter, determined that, as required pursuant to the
CEQA and the State CEQA Guidelines, the Final IS/MND adequately addresses the
expected environmental impacts of the Project. On the basis of this review, the City
Council finds that there is no substantial evidence from which it can be fairly argued that
the Project will have a significant adverse effect on the environment.
Section 3. The City Council hereby adopts the Final IS/MND, attached hereto
as Exhibit A, and the related Mitigation Monitoring Program, attached hereto as Exhibit
B, and directs that a Notice of Determination be prepared and filed within five (5)
working days of final Project approval with the Clerk of the County of Orange in the
manner required by law. This decision is based upon the evidence submitted at the
above said hearing, which includes, but is not limited to: the Request for City Council
Resolution No. 2022-XXX
Page 2 of 6
Action dated June 21, 2022 and exhibits attached hereto; and the public testimony,
written and oral, all of which are incorporated herein by this reference.
Section 4. The City Council hereby approves the Project, based upon the
entire record before it and all written and oral evidence presented
Section 5. Pursuant to Title XIV, California Code of Regulations, section
753.5(c)(1), the City Council has determined that, after considering the record as a
whole, there is no evidence that the proposed project will have the potential for any
significant adverse effect on fish and wildlife. The proposed project exists in an urban
environment characterized by paved concrete, roadways, surrounding buildings and
human activity. However, the payment of Fish and Game Department filing fees in
conjunction with this Project is at the ultimate discretion of the State of California
Department of Fish and Wildlife.
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this ____ day of___________, 2022.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:__
John M. Funk
Chief Assistant City Attorney
______
AYES:Councilmembers ___________________________________
Councilmembers ___________________________________
Councilmembers ___________________________________
Councilmembers ___________________________________
NOES:
ABSTAIN:
NOT PRESENT:
Resolution No. 2022-XXX
Page 3 of 6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on __________________.
Date: ________________________________________
Clerk of the Council
City of Santa Ana
Resolution No. 2022-XXX
Page 4 of 6
EXHIBIT A
MITIGATED NEGATIVE DECLARATION
The Mitigated Negative Declaration for the Project and Technical Studies are available
online at:
https://www.santa-ana.org/billboard-ordinance-update
Or in person by visiting:
Planning and Building Agency – Planning Division Public Counter
20 Civic Center Plaza
Santa Ana, CA 92701
Or
Santa Ana Public Library (Main Library)
26 Civic Center Plaza
Santa Ana, CA 92701
Resolution No. 2022-XXX
Page 5 of 6
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that a reporting or monitoring
program be adopted for the conditions of project approval that are necessary to mitigate
or avoid significant effects on the environment (Public Resources Code [PRC] 21081.6).
PRC Section 21081.6 provides general guidelines for implementing mitigation
monitoring programs and indicates that specific reporting and/or monitoring
requirements, to be enforced during project implementation, shall be defined prior to
final certification of the Final Initial Study-Mitigated Negative Declaration (IS-MND).
This Mitigation Monitoring and Reporting Program (MMRP) is intended to track and
ensure compliance with adopted mitigation measures during the project implementation
phase. For each mitigation measure recommended in the Final IS-MND, specifications
are made herein that identify the action required, the monitoring that must occur, and
the agency or department responsible for oversight.
The table below lists mitigation measures that reduce the potentially significant effects
of the proposed project. These measures correspond to those discussed in in the IS-
MND. To ensure that the mitigation measures are properly implemented, a monitoring
program has been devised that identifies the timing and entity/agency responsible for
monitoring each measure. The City of Santa Ana will have the responsibility for
implementing the measures, and various public agencies will have the primary
responsibility for enforcing, monitoring, and reporting the implementation of the
mitigation measures.
Resolution No. 2022-XXX
Page 6 of 6
SANTA ANA OFF-PREMISES COMMERCIAL
ADVERTISING SIGNS ORDINANCE UPDATE
PROJECT
MITIGATION MONITORING
AND REPORTING PROGRAM
Prepared for City of Santa Ana
Planning and Building Agency
20 Civic Center Plaza
Santa Ana, California 92702
Prepared by Kimley-Horn and Associates, Inc.
1100 W. Town and Country Road, Suite 700
Orange, California 92868
Date April 2022
Billboards Ordinance Update Project
Mitigation Monitoring and Reporting Program
PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring
and/or reporting procedures for mitigation adopted as conditions of approval in order to mitigate or avoid
significant environmental impacts. This Mitigation Monitoring and Reporting Program (MMRP) has been
developed to provide a vehicle by which to monitor mitigation measures (MMs) outlined in the Santa Ana
Off‐Premises Commercial Advertising Signs (Billboards) Ordinance Update Project Initial Study and
Mitigated Negative Declaration (IS/MND). The MMRP has been prepared in conformance with Section
21081.6 of the Public Resources Code and City of Santa Ana Monitoring Requirements. Specifically,
Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081
or when adopting a mitigated negative declaration pursuant to paragraph (2) of
subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes
made to the project or conditions of project approval, adopted in order to
mitigate or avoid significant effects on the environment. The reporting or
monitoring program shall be designed to ensure compliance during project
implementation. For those changes which have been required or incorporated
into the project at the request of a responsible agency or a public agency having
jurisdiction by law over natural resources affected by the project, that agency
shall, if so requested by the lead or responsible agency, prepare and submit a
proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or
other material which constitute the record of proceedings upon which its decision
is based.
CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting
requirements and guidance to local lead agencies on implementing strategies. The reporting or
monitoring program must be designed to ensure compliance during project implementation. The City of
Santa Ana is the Lead Agency for the project and is therefore responsible for ensuring the implementation
of the MMRP. The MMRP has been drafted to meet the requirements of Public Resources Code Section
21081.6 as a fully enforceable monitoring program.
The MMRP is comprised of the Mitigation Program and includes measures to implement and monitor the
Mitigation Program. The MMRP defines the following for each MM:
.Definition of Mitigation. The Mitigation Measure contain the criteria for mitigation, either in the
form of adherence to certain adopted regulations or identification of the steps to be taken in
mitigation.
.Responsible Party or Designated Representative. Unless otherwise indicated, an applicant would
be the responsible party for implementing the mitigation, and the City of Santa Ana or designated
representative would be responsible for monitoring the performance and implementation of the
mitigation measure. To guarantee that the mitigation will not be inadvertently overlooked, a
supervising public official acting as the Designated Representative is the official who grants the
permit or authorization called for in the performance. Where more than one official is identified,
permits or authorization from all officials shall be required.
1 Santa Ana Off‐Premises Commercial Advertising Signs
(Billboards) Ordinance Update Project
Billboards Ordinance Update Project
Mitigation Monitoring and Reporting Program
.Time Frame. In each case, a time frame is provided for performance of the mitigation or the
review of evidence that mitigation has taken place. The performance points selected are designed
to ensure that impact‐related components of project implementation do not proceed without
establishing that the mitigation is implemented or ensured. All activities are subject to the
approval of all required permits from agencies with permitting authority over the specific activity.
The numbering system in the table corresponds with the numbering system used in the IS/MND. The last
column of the MMRP table will be used by the parties responsible for documenting when implementation
of the mitigation measure has been completed. The ongoing documentation and monitoring of mitigation
compliance will be completed by the City of Santa Ana. The completed MMRP and supplemental
documents will be kept on file at the City of Santa Ana Planning and Building Agency, Planning Division.
2 Santa Ana Off‐Premises Commercial Advertising Signs
(Billboards) Ordinance Update Project
Billboards Ordinance Update Project
Mitigation Monitoring and Reporting Program
SANTA ANA BILLBOARDS ORDINANCE
MITIGATION MONITORING AND REPORTING PROGRAM
Monitoring/
Reporting
Methods
Responsible
for Approval/
Monitoring
Verification
Date Initials
Implementation
TimingMitigation Measures (MMs)
Air Quality
SC AQ‐1: Dust Control. During construction, construction contractors shall During
comply with South Coast Air Quality Management District (SCAQMD) Rules 402 construction
and 403 in order to minimize construction emissions of dust and particulates.
SCAQMD Rule 402 requires that air pollutant emissions not be a nuisance off‐site.
Rule 402 prohibits the discharge from any source whatsoever such quantities of
air contaminants or other material which cause injury, detriment, nuisance, or
annoyance to any considerable number of persons or to the public, or which
endanger the comfort, repose, health, or safety of any such persons or the public,
or which cause, or have a natural tendency to cause, injury or damage to business
or property.
Best available
control measures Building
shown on
construction plans
Planning and
Agency
Site inspections
SCAQMD Rule 403 requires that fugitive dust be controlled with Best Available
Control Measures so that the presence of such dust does not remain visible
beyond the property line of the emission source. This rule is intended to reduce
PM10 emissions from any transportation, handling, construction, or storage
activity that has the potential to generate fugitive dust. This requirement shall be
included as notes on the contractor specifications. Table 1 of Rule 403 lists the
Best Available Control Measures that are applicable to all construction projects.
The measures include, but are not limited to, the following:
a. Portions of a construction site to remain inactive longer than a period of three
months will be seeded and watered until grass cover is grown or otherwise
stabilized.
b. All on‐site roads will be paved as soon as feasible or watered periodically or
chemically stabilized.
c. All material transported off‐site will be either sufficiently watered or securely
covered to prevent excessive amounts of dust.
d. The area disturbed by clearing, grading, earthmoving, or excavation
operations will be minimized at all times.
3
Billboards Ordinance Update Project
Mitigation Monitoring and Reporting Program
Monitoring/
Reporting
Methods
Responsible
for Approval/
Monitoring
Verification
Date Initials
Implementation
TimingMitigation Measures (MMs)
e. Where vehicles leave a construction site and enter adjacent public streets,
the streets will be swept daily or washed down at the end of the workday to
remove soil tracked onto the paved surface.
Cultural Resources
SC CR‐1: California Health and Safety Code Section 7050.5, CEQA Guidelines
Section 15064.5, and Public Resources Code Section 5097.98 mandate the
process to be followed in the event of an accidental discovery of any human
remains in a location other than a dedicated cemetery. California Health and
Safety Code Section 7050.5 requires that in the event that human remains are
discovered, disturbance of the site shall be halted until the coroner has
conducted an investigation into the circumstances, manner and cause of death,
and the recommendations concerning the treatment and disposition of the
human remains have been made to the person responsible for the excavation, or
to his or her authorized representative, in the manner provided in Public
Resources Code Section 5097.98. If the coroner determines that the remains are
not subject to his or her authority and if the coroner recognizes or has reason to
believe the human remains to be those of a Native American, he or she shall
contact, by telephone within 24 hours, the Native American Heritage
Commission.
During
construction/
ground
disturbance
activities
Site inspections Planning and
Building
Agency
MM CR‐1: Prior to the issuance of a grading permit or permit for ground
disturbance activities for a billboard, the applicant shall provide evidence to the of the first
Prior to issuance Qualified Planning and
BuildingProfessional
City of Santa Ana that a qualified professional (i.e., archaeologist, historian,
architect, Native American Tribal monitor), has been retained. The selection of
the qualified professional(s) shall be subject to the acceptance of the City. In the ground
grading permit or Contract Agency
permit for Site inspections
event that cultural resources (archaeological, historical, paleontological) are
inadvertently unearthed during excavation and grading activities of any future
development project, the contractor, monitor, or archaeologist shall
immediately cease all earth‐disturbing activities within a 100‐foot radius of the
area of discovery. The qualified professional shall be contacted to evaluate the
significance of the finding an appropriate course of action. Any unique
archaeological resource that is discovered shall be treated in accordance with
PRC 21083.2. If avoidance of the resource(s) is not feasible, salvage operation
disturbance
activities
During
excavation and
grading activities
4
Billboards Ordinance Update Project
Mitigation Monitoring and Reporting Program
Monitoring/
Reporting
Methods
Responsible
for Approval/
Monitoring
Verification
Date Initials
Implementation
TimingMitigation Measures (MMs)
requirements pursuant to Section 15064.5 of the State CEQA Guidelines shall be
followed. After the find has been appropriately avoided or mitigated, work in the
area may resume.
Geology and Soils: Paleontology
MM GEO‐1: Prior to the issuance of a grading permit or permit for ground
disturbance activities for a billboard, the applicant shall provide evidence to
the City of Santa Ana that a qualified professional paleontologist has been
retained. The selection of the qualified professional(s) shall be subject to the
acceptance of the City. In the event that paleontological are inadvertently
unearthed during excavation and grading activities of any future development
project, the paleontologist or contractor shall temporarily cease all earth‐
disturbing activities within a 100‐foot radius of the area of discovery. The
qualified professional shall be contacted to evaluate the significance of the
finding an appropriate course of action. If avoidance of the resource(s) is not
feasible, salvage operation requirements pursuant to Section 15064.5 of the
State CEQA Guidelines shall be followed. After the find has been appropriately
avoided or mitigated, work in the area may resume.
Prior to issuance Grading Permit Planning and
Building
Agency
of the first
grading permit or
permit for
ground
review/approval
Site inspections
disturbance
activities
During
excavation and
grading activities
Hazards and Hazardous Materials
MM HAZ‐1: The applicant shall retain a qualified environmental consultant to
prepare a Soil Management Plan for Contaminated Soils (SMP) for any proposed of the first
Prior to issuance Grading Permit Planning and
Buildingreview/approval
billboard. The SMP shall be submitted to the City of Santa Ana Planning and
Building Agency for review and approval prior to the commencement of
excavation and grading activities. The SMP shall be implemented during
excavation and grading activities on the project site to ensure that any
contaminated soils are properly identified, excavated, and disposed of off of the activities
site.
grading permit or
permit for
ground
AgencyApproved Soil
Management Plan
disturbance Implementation of
Soil Management
Plan during
excavation and
grading activities
During
excavation and
grading activities
5
Billboards Ordinance Update Project
Mitigation Monitoring and Reporting Program
Monitoring/
Reporting
Methods
Responsible
for Approval/
Monitoring
Verification
Date Initials
Implementation
TimingMitigation Measures (MMs)
Noise
During
construction
Site inspections Planning and
Building
Agency
SC N‐1: All construction activities should be limited to the hours between the
hours of 7 a.m. and 8:00 p.m. on weekdays, 8 a.m. and 6 p.m. on weekdays,
including Saturday, or any time on Sunday or a federal holiday per Santa Ana
Municipal Code Chapter 18‐314.
6
Ordinance No. NS-XXX
Page 1 of 15
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XII OF CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE PERTAINING TO OFF-PREMISE
COMMERCIAL ADVERTISING SIGNS AND
DEVELOPMENT PROJECT PLAN APPROVALS TO
ALLOW AND REGULATE NEW DIGITAL BILLBOARDS
SUBJECT TO CERTAIN LOCATION, DESIGN, AND
OPERATIONAL REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and, declares as follows:
A. On April 16, 1984, the City Council adopted Ordinance No. NS-1722,
adding Article XII to Chapter 41 of the Santa Ana Municipal Code (SAMC) allowing
and regulating off-premise commercial advertising signs, commonly known as
billboards.
B. On June 15, 1987, the City Council adopted Ordinance No. NS-1915,
adopting a revised “Critical Development Areas” and “Improvement Areas” map to
further allow and regulate off-premise commercial advertising signs in certain
segments of the City.
C. On September 8, 1987, the City Council adopted Ordinance No. NS-1927,
further amending certain sections of Article XII of the Santa Ana Municipal Code.
D. Since the adoption of Ordinance Nos. NS-1722, NS-1915, and NS-1927,
amendments to the California Outdoor Advertising Act and other regulations and
policies of the California Department of Transportation (Caltrans), as well as
changes in technology allowing digital displays on billboards, have rendered many
segments of Article XII of Chapter 41 of the SAMC outdated and obsolete. This
status effectively prohibits construction or reconstruction of new or existing
billboards, as well as installation of electronic message displays. Since their
adoption, these ordinances have also effectively rendered existing billboards in
Santa Ana as legal nonconforming.
E. The California Outdoor Advertising Act, set forth in California Business
and Professions Code Section 5200 et seq., generally provides that compensation
must be paid to billboard owners for the removal, abatement, or limitation of the
Ordinance No. NS-XXX
Page 2 of 15
customary maintenance, use, or repair of certain lawfully erected nonconforming
billboards, except through a relocation agreement.
F. Business and Professions Code Section 5412 specifically empowers a city
to enter into relocation agreements on whatever terms are agreeable to an outdoor
advertising display owner and such city as a means of eliminating the need to pay
compensation for their removal.
G. Construction of new billboards is prohibited along highways designated as
landscaped freeways with certain exceptions, including the construction of relocated
billboards pursuant to Business and Professions Code Sections 5440 through
5443.5 or the construction of new billboards along portions of landscaped freeways
that have been declassified.
H. Business and Professions Code Section 5412 further empowers a city to
adopt ordinances or resolutions providing for the relocation of billboards.
I. Technology has also allowed for the modernization of advertising medium
by way of the creation of digital or electronic messaging, which have been utilized by
advertising companies throughout the nation.
J. The City recognizes that billboards are a valuable advertising tool, but
without proper design, placement, and maintenance, they may unduly distract,
create traffic hazards and negative visual, lighting, and glare impacts.
K. Permitting the construction of new billboards along portions of the City that
are not adjacent to landscaped freeways and the relocation or reconstruction of
existing billboards to more appropriate locations within the City with upgraded
technology provides a greater opportunity for businesses to advertise to larger
audiences, promote economic growth in the City and the region, and provide for
additional public service announcements.
L. Allowing the removal of existing billboards also allows the City to direct the
placement of new billboards with digital technologies into areas that are more
aesthetically appropriate, thereby creating fewer visual and glare impacts for the
City's residents.
M. Adoption of this Ordinance is compatible with the SAMC and promotes the
public health, safety, and welfare of the citizens of the City.
N. The Planning Commission held a duly-noticed public hearing on April 25,
2022 to consider this Ordinance, where all interested persons were given an
opportunity to be heard. The Planning Commission recommended approval of the
ordinance to the City Council, subject to modifications to Section 41-1113 of this
Ordinance and the draft Operating Agreement template to provide for minimum local
hiring requirements when considering billboard reduction alternatives as per Section
1 of the draft Operating Agreement.
Ordinance No. NS-XXX
Page 3 of 15
O. The City Council held a duly-noticed public hearing on June 21, 2022
where all interested persons were given an opportunity to be heard.
Section 2. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 3. Article XII (Off-Premise Commercial Advertising Signs) of Chapter
41 of the Santa Ana Municipal Code (Zoning) is hereby repealed in its entirety.
Section 4. Article XII (Off-Premise Commercial Advertising Signs) of Chapter
41 of the Santa Ana Municipal Code (Zoning) is hereby reenacted in its entirety to read
as follows:
ARTICLE XII. – OFF-PREMISE COMMERCIAL ADVERTISING SIGNS
(BILLBOARDS)
DIVISION 1. - GENERAL PROVISIONS
Sec. 41-1100. - Purpose.
The purpose and intent of this Article is to allow:
(1) The installation of digital billboards adjacent to freeways in suitable locations;
(2) The reconstruction or conversion of existing static freeway-oriented billboards
to digital billboards; and
(3) The reconstruction or conversion of existing on-premise freeway-oriented
advertising signs to digital billboards.
Sec. 41-1100.5. - Goals.
These provisions seek to achieve the following goals:
(1) The removal of existing billboards along arterial streets;
(2) The construction of new freeway-oriented digital billboards in exchange for
specific economic and community benefits as described in this Article;
(3) The reconstruction/conversion of freeway-oriented existing static billboards in
exchange for specific economic and community benefits as described in this
Article;
(4) The reconstruction or conversion of existing on-premise freeway-oriented digital
signs to off-premise commercial advertising signs;
(5) The display of public service announcements; and
(6) The generation of revenue for City to fund ongoing services and community
needs.
Sec. 41-1101. - Definitions.
As used in this Article, the following words, terms or phrases have the following
meanings:
Ordinance No. NS-XXX
Page 4 of 15
(1) Adjacent (when used to refer to a billboard adjacent to a freeway) shall mean
located within 300 feet of the edge of pavement of a freeway on a parcel having
frontage on said freeway and as depicted on maps by the Planning Division.
(2) Arterial Billboard means an off-premise commercial advertising sign located
adjacent to a public street that is not freeway oriented.
(3) Billboard and Off-Premise Commercial Advertising Sign means a sign affixed to
the ground as a permanent structure used for the display of off-premise
advertising to the public.
(4) Billboard Operating Agreement means an agreement entered into by and
between the City and the billboard operator which will specify terms for fees to
compensate for impacts on City aesthetics and services, including an Economic
and Community Benefits Plan, if proposed.
(5) Classified Landscaped Freeway, when referenced in this Article, refers to a
designation applied by the California Department of Transportation (Caltrans) to
certain freeway segments which meet the criteria established by the California
Code of Regulations Outdoor Advertising Regulations, Title 4, Division 6, and as
amended.
(6) Commercial Advertisement means any advertisement which has, as its primary
purpose, the promotion of the sale of goods or services by a commercial
business or enterprise to the public generally or any significant part thereof.
(7) Digital Billboard means a billboard or off-premise commercial advertising sign
using technologies, such as LCD (Liquid Crystal Display) and LED (Light-
Emitting Diode), to display images and text.
(8) Freeway Corridor means land located within three hundred (300) feet of the edge
of freeway pavement and having frontage on the following freeways: the Santa
Ana (I-5) Freeway; the Garden Grove (SR-22) Freeway; and the Costa Mesa
(SR-55) Freeway.
(9) Freeway-Oriented means any billboard that is adjacent to a freeway, designed to
be viewed primarily by persons traveling on the main-traveled way of the
freeway.
(10) Freeway-Oriented On-Premise Digital Sign (Existing) means an electronic, digital
message display that has been approved by the City of Santa Ana as part of a
regional planned sign program pursuant to Section 41-885 of the Santa Ana
Municipal Code.
(11) Non-Commercial Advertisement Sign means any advertisement other than a
commercial advertisement, including public service announcements.
(12) Off-Premise Advertisement Sign means any commercial advertisement other
than an on-premise advertisement sign that advertises products or services that
is not located, produced, or offered for sale on the subject premise.
(13) On-Premise Advertisement Sign means any commercial advertisement which
pertains solely to goods or services which are produced or offered for sale on the
premises where the advertisement is displayed.
Ordinance No. NS-XXX
Page 5 of 15
(14) Static Billboard means a billboard or off-premise commercial advertising sign
that is not equipped as a digital display.
Sec. 41-1102. - Consistency with the Outdoor Advertising Act.
To the extent that there is any conflict between the provisions of this Article and
the provisions of the California Outdoor Advertising Act, codified at California Business
and Professions Code Sections 5200 et seq., and as amended, the Outdoor Advertising
Act shall prevail.
Sec. 41-1103. - Application to Existing Signs.
Any off-premise commercial advertising sign which was constructed in
conformance with the requirements of this Article as they existed at the time of such
construction, but which is not in conformance with the requirements of this Article,
shall be deemed a legal nonconforming use for purposes of this Article, and may be
maintained subject to the restrictions and limitations imposed on nonconforming uses
by this Chapter. Such signs may be compelled to be removed through amortization
subject to the requirements and limitations imposed by Sections 5412 through 5412.4
of the Business and Professions Code of the State of California, the provisions of
which, as they may from time to time be amended, are incorporated herein by this
reference.
Sec. 41-1104. - Fees.
The City Council may, by resolution, establish fees for any or all the
administrative processes established by this Article. Every application for a billboard
permit or Conditional Use Permit (CUP) or appeal to the Planning Commission or City
Council shall be accompanied by a filing fee. No application shall be accepted for filing
without the required fee. The City Council shall from time to time by resolution adopt a
schedule of fees to be charged.
Sec. 41-1105. - Commercial and Non-commercial Messages.
Nothing in this Article shall be deemed to prohibit or restrict the use of any sign
authorized by this Article for any noncommercial message. No permit required for any
sign under this Article shall be granted, conditioned, or denied based on the content of
the message displayed by such sign, whether such message is commercial or
noncommercial in nature.
DIVISION 2. - ADMINISTRATION AND PERMIT PROCEDURES
Sec. 41-1110. – Permit Type and Review Authority.
Table 41-1110 below identifies the primary types of development applications,
approval process and approval authority for the applications required to permit digital
Ordinance No. NS-XXX
Page 6 of 15
billboards. Applications may be subject to one or more development application
processing procedures contained in this Chapter. The exact processing and timing of
applications shall be determined by the Planning Division based on the applicable
project characteristics.
Table 41-1110 Permit Type and Review Authority
Appeals from decisions of the Director of the Planning and Building Agency and/or
Planning Commission, extensions, time limits, and modifications to such digital billboard
approval must be conducted in a manner in accordance with Article V, Division 1 of this
Chapter.
Billboard Type Permit Type
Required
Approving
Body
Public Hearing
Required
New Digital Billboard
Development Project
Plan Director of PBA
Yes Conditional Use
Permit
Planning
Commission
Operating Agreement City Manager
Conversion/Reconstruction
of Existing Freeway-Oriented
Static Billboard
Development Project
Plans Director of PBA No
Operating Agreement City Manager
Conversion/Reconstruction
of Existing Freeway-Oriented
On-Premise Sign
Development Project
Plan Director of PBA
Yes Conditional Use
Permit
Planning
Commission
Operating Agreement City Manager
Relocation of Existing and
Approved Static or Digital
Billboards (1)
Development Project
Plan Director of PBA
Yes Conditional Use
Permit
Planning
Commission
Operating Agreement City Manager
Notes:
1. As approved by this Ordinance and if required and permitted by the California Outdoor Advertising Act, as
amended from time to time.
Ordinance No. NS-XXX
Page 7 of 15
Sec. 41-1111. - Application Requirements.
Every application for the construction a new digital billboard,
conversion/reconstruction of an existing freeway-oriented static billboard, or
conversion/reconstruction of an existing freeway oriented on-premise advertising sign
to a digital billboard shall be filed by, or with the written consent of, the property owner
on forms required by the Planning Division and shall be at a minimum accompanied by
the following information:
(a) A pictorial representation of, and other information about, the proposed digital
billboard, disclosing overall dimensions, dimensions of letters and figures, colors,
materials, copy, and illumination characteristics.
(b) A plan of the site on which the proposed digital billboard is to be located,
indicating the precise location of the billboard, existing and proposed
landscaping, other site improvements, and proximity to the edge of pavement of
an adjacent freeway.
(c) A vicinity map depicting the location of all existing and proposed billboards, any
landmarks as designated on the General Plan that are within one thousand
(1,000) feet of the proposed digital billboard, and the zoning designation of all
sites within five hundred (500) feet of the boundaries of the subject property.
(d) Photo simulations of all proposed digital billboards showing daytime and
nighttime conditions.
(e) A three-dimensional (3D) massing study depicting the proposed digital
billboard. The 3D study should include massing of proposed development, if
any, on applicant’s parcel as well as existing buildings and advertising signs
within one thousand (1,000) feet of the proposed digital billboard.
(f) If the application involves the exchange of existing billboards, a map depicting
the location(s) of billboards to be removed; at least two photos of each billboard
to be removed; and a summary of the size of each billboard face to be removed.
(g) Such other information as the Executive Director of the Planning and Building
Agency deems appropriate to determine compliance with the provisions of this
Article.
Sec. 41-1112. - Digital Billboard Conditional Use Permit Findings of
Approval.
For approval of a Conditional Use Permit for a Digital Billboard, the Planning
Commission shall make the following findings of fact set forth in this Section and not
upon the standards set forth in Section 41-638 of this Chapter, and may impose
conditions, restrictions or limitations as the commission deems necessary to meet the
general purpose and intent of this Article and to ensure that the public health, safety
and welfare are being maintained. Findings of Approval shall be made, and conditions
may be imposed to confirm that:
Ordinance No. NS-XXX
Page 8 of 15
(a) The proposed digital billboard shall not constitute a hazard to the safe and
efficient operation of vehicles upon a freeway.
(b) Adequate space exists between the proposed digital billboard and any existing
billboards in the vicinity, thus avoiding or minimizing any negative aesthetic
impacts to surrounding land uses.
(c) The size and design of the digital billboard will not be out of context with its visual
environment.
(d) The digital billboard will not cause light and glare to intrude upon residential uses,
including those in mixed-use districts or developments.
(e) The digital billboard will not significantly block or impair views of landmarks
identified in the City’s General Plan.
(f) The installation of the new digital billboard will result in significant economic and
community benefits.
Sec. 41-1113. - Operating Agreement Required; Execution Fee Required.
Prior to issuance of any building permits to reconstruct an existing static
billboard, or prior to the public hearing notice to consider construction of a new digital
billboard or conversion/reconstruction of an existing freeway oriented on-premise sign to
a digital billboard, the applicant shall submit to the City Manager an executed Billboard
Operating Agreement that has been reviewed and approved by the City Attorney and
the Executive Director of the Planning and Building Agency. The applicant shall be
responsible for paying any fees that have been established by the City Council to
process and execute the Billboard Operating Agreement. In approving such agreement,
the City Manager must find that the agreement will confer a substantial public benefit to
the City and to the general public. Such public benefits may include, without limitation:
the removal of legal nonconforming billboards; minimum display percentages or times
for the advertising of City events and public service announcements; public art
programming; physical site improvements; automatic brightness reductions or automatic
display shutoffs due to proximity to sensitive land uses; minimum advertising of goods,
products, or services provided onsite; monetary contribution intended for streetscape
amenities or publicly accessible open space that enhances the quality and comfort of
the pedestrian experience; minimum 20-percent local hiring from Santa Ana residents to
be considered for billboard removal alternatives through the Economic and Community
Benefits Plan; and/or financial contributions to the City with the intent to achieve the
same results.
DIVISION 3. – DEVELOPMENT, LIGHTING AND OPERATIONAL STANDARDS
Sec. 41-1130. - Permitted Locations.
New and reconstructed billboards, and the conversion of existing freeway
oriented on-premise advertisement signs to a digital billboard:
Ordinance No. NS-XXX
Page 9 of 15
(a) Shall only be constructed on properties zoned and used for non-residential
uses in any zoning district, including overlay zones, specific plans, and specific
development zones. Such requirement may be modified by the Planning
Commission through the approval of a Conditional Use Permit.
(b) Shall be located within the Freeway Corridor as defined in Section 41-1101.
(c) Shall not be located within five hundred (500) feet from any residentially zoned
parcel, as measured from the border of the digital billboard face, or the base of
the digital billboard structure, to the nearest property line of the residentially
zoned property. Such requirement may be modified to be no less than one-
hundred fifty (150) feet for mixed-use districts by the Planning Commission
through the approval of a Conditional Use Permit
(d) Shall be located outside any right-of-way owned by the California Department
of Transportation (Caltrans).
(e) Shall not significantly block or significantly impair views of any landmark
identified in the General Plan.
Sec. 41-1131. - Development Standards.
(a) All digital billboards shall comply with standards established by the California
Department of Transportation (Caltrans) in effect at the time the permit is issued.
These standards may prohibit the construction of digital billboards in landscaped
areas and/or in zones where residential uses are permitted; may limit the size
and height of digital billboards; and may require separation between billboards,
among other provisions.
(b) All new or reconstructed billboards shall be digital billboards. The construction
or reconstruction of static billboards is prohibited.
(c) The development standards in Table 41-1131 shall be applicable to all new and
reconstructed billboards.
Table 41-1131 Digital Billboard Development Standards
Standard
Maximum Sign Area/Face As allowed by Caltrans
Maximum Number of Faces Two (2)
Maximum Height 60 feet(1)
Spacing Between Billboards 1,000 feet (2)
Number of Vertical Supports One Vertical Support (3)
Notes:
1. Measured from nearest adjacent curb level on the site on which the sign is constructed.
May be modified through Planning Commission approval of a Conditional Use Permit.
2. The minimum separation between billboards shall be one-thousand (1,000) feet (including
Ordinance No. NS-XXX
Page 10 of 15
static billboards) or standards established by Caltrans in effect at the time the permit is
issued, whichever is greater, as measured from the base of each billboard’s vertical
support.
3. All conduits, cables and appurtenances shall be concealed within the vertical support.
Sec. 41-1132. - Design Standards.
(a) The words “Santa Ana” shall permanently appear on the billboard structure in a
size large enough to be visible to drivers using the freeway. The precise location,
size and font of the words shall be determined by the approval authority.
(b) All ground-mounted equipment shall be screened from view at street level. The
entire site occupied by the billboard shall be appropriately landscaped with
groundcover and shrubs to the satisfaction of the approval authority.
(c) Each freeway billboard must be oriented primarily for viewing from the freeway
and shall be oriented, and adequately shielded if necessary, to prevent the
trespass of light and glare upon any residential land use, including those in
mixed-use districts, as exists on the date of building permit issuance.
(d) The billboard shall utilize an innovative billboard format, shall creatively use the
latest in technology to ensure digital image quality, and shall use innovative
architectural features and materials.
(e) All billboards shall plainly display, and be visible from no less than fifty (50) feet,
the name of the person or company owning or maintaining such billboard,
contact information for said person or company, and the billboard's identification
number.
(f) Billboards projecting over a driveway or drive aisle shall have a minimum
clearance of 20 feet between the lowest point of the sign and the driveway grade.
(g) No part of any billboard shall cross onto an adjacent property.
(h) Billboards projecting over a pedestrian walkway shall have a minimum clearance
of twelve (12) feet between the lowest point of the sign and the walkway grade.
(i) All billboards not projecting over drive areas or pedestrian walkways shall have a
minimum clearance of twelve (12) feet between the lowest point of the billboard
and ground level.
Sec. 41-1133. - Lighting and Display Requirements.
(a) Signs shall produce a maximum 0.3 foot-candles over ambient light levels.
(b) The display brightness shall be controlled by a photocell or light sensor that
adjusts the brightness to the required level based on ambient light conditions
without the need for human input. Use of other brightness adjustment methods,
such as timer- or calendar-based systems, shall only be used as a backup
system.
(c) The display shall be factory-certified as capable of complying with the above
brightness standards. Such certification shall be provided to the satisfaction of
the Executive Director of the Planning and Building Agency, or his/her designee.
Ordinance No. NS-XXX
Page 11 of 15
(d) The sign owner shall provide to the City, upon request, certification by or
compensation for an independent contractor to verify that the brightness levels of
the digital billboard are in compliance with the requirements of this Section.
(e) All signs shall be equipped with a control system that, in the event of a display or
control malfunction, "freezes" the display on either a single, unchanging
message, or a blank screen. An emergency shutoff switch shall be provided.
(f) Any sign area not comprising the digital display panel is prohibited. This area
includes, but is not limited to, static sign area, appendages, cutout letters, and
figures. A frame surrounding the display panel up to twelve (12) inches in width
shall be permitted; it shall not contain any sign copy or graphics, and shall not
count toward the sign area.
(g) Where screen transitions are used, such transitions shall not give the
appearance of moving text or images. The sign copy shall not use flashing,
intermittent or moving lights or produce the optical illusion of movement or use
animation.
(h) Each sign copy shall be displayed for a minimum of four (4) seconds. The still
images may not move or present the appearance of motion and may not use
flashing, scintillating, blinking, or traveling lights or any other means not providing
constant illumination. Transition or blank screen time between one still image and
the next may not exceed one (1) second.
(i) All digital billboards must comply with all applicable laws and regulations
concerning brightness, including, without limitation, California Vehicle Code
Section 21466.5, and as amended.
(j) All digital billboards must provide sufficient time for public service
announcements as set forth in the approved Operating Agreement. Such public
service announcements may not be concentrated during non-peak hours and
must be evenly dispersed throughout peak hours so as to maximize their benefit
for the community and passer-by traffic.
Sec. 41-1134. - Prohibited Features.
Freeway oriented billboards shall not contain any of the following features:
(a) Moving parts.
(b) Appendages, cutout letters, or figures that protrude beyond the flat surface of the
sign face.
(c) Lights that flash, shimmer, glitter or give the appearance of flashing, shimmering
or glittering. Exceptions to this restriction include time, temperature and smog
index units.
(d) Walls or screens at the base of the sign which create a hazard to public safety or
provide an attractive nuisance.
(e) Copy which simulates any traffic sign in a manner which confuses the public.
(f) Copy which duplicates any other content displayed on the sign.
(g) Devices which emit audible sound, or odor or particulate matter.
Ordinance No. NS-XXX
Page 12 of 15
Sec. 41-1135. - Maintenance and Monitoring.
(a) No person shall allow any digital billboard located on property owned, occupied
or controlled by such person to remain in a condition of disrepair for a period of
more than fifteen (15) days. For purposes of this article, a billboard 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 reasonably slightly and
legible condition.
(b) All billboard operators shall submit a Lighting Monitoring Report to the Planning
Division upon installation, and at three-year intervals thereafter to confirm
conformance with the lighting requirements set forth in this Article.
(c) Complaints about lighting will be investigated by the City, and if determined
necessary by the Executive Director of the Planning and Building Agency, the
billboard operator shall provide an updated Lighting Monitoring Report within 72
hours of the notice from the City. The City shall reserve the right to conduct
digital billboard lighting measurements. If the measured luminance and/or
illuminance exceed the data presented in operator’s Lighting Monitoring Report,
the findings of the City report shall prevail. All cost shall be borne by the
applicant/operator.
DIVISION 4. - BILLBOARD EXCHANGE PROGRAM.
Sec. 41-1140. - Applicability.
No building permit shall be issued for any new digital billboard,
conversion/reconstruction of an existing freeway oriented static billboard, or
conversion/reconstruction of an existing on-premise advertising sign to a digital
billboard, until the removal ratios as required by the Operating Agreement pursuant to
Section 41-1113 of this Article have been met by applicant. In addition, the following
standards are shall apply:
(a) Nonconforming billboards with more than one face shall be removed in their
entirety and shall not be altered or partially dismantled in such a way as to leave
behind one or more faces or portion(s) thereof.
(b) No billboard shall be reduced in size or otherwise altered to provide for the
required removal, and only whole, entire billboard(s) shall be removed. In no
case shall less than the required amount of display surface area be removed.
(c) Any billboard removed or demolished from within the City, or reduced in size, not
in conjunction with a project requiring removal under this Article, shall not be
credited toward the removal requirements of Section.
(d) Billboards shall be removed with the following priority, in order of highest priority
to lowest:
(1) Nonconforming billboards located on properties used for residential
purposes or zoned for residential use.
(2) Nonconforming billboards not located adjacent to a street classified as a
Freeway, Principal, Major Arterial, Primary Arterial and Secondary Arterial
Ordinance No. NS-XXX
Page 13 of 15
as defined by the Santa Ana Circulation Element, with the exception of
those billboards located in Downtown Santa Ana.
(3) All other nonconforming billboards.
(e) The City may allow the applicant to post a bond guaranteeing removal of the
existing billboards prior to issuing permits for the applicable digital billboard in the
freeway corridor.
Sec. 41-1141. - Overriding Economic and Community Benefit
Considerations for Billboard Removal Exchange Ratio Reduction.
The billboard removal ratio as required pursuant to Section 41-1113 of this Article
may be reduced subject to demonstration of overriding economic and community
benefits as proposed in an Economic and Community Benefits Plan attached to and
incorporated in a Billboard Operating Agreement as specified in Section 41-1113 of this
chapter, subject to the satisfaction of the City Manager.
Section 5. Section 41-668 of Division 3 of Article V of Chapter 41 of the Santa
Ana Municipal Code is hereby amended to read as follows:
Sec. 41-668. - Definitions.
(a) Development project. As used in this division, the term "development project"
includes any of the following projects:
(1) The new construction of any building or buildings, and additions to any existing
building or buildings, if new floor space of two thousand five hundred (2,500) square
feet or more is constructed or added; but excluding the following:
a. Single family homes;
b. Room additions to duplexes;
c. Tenant improvements not involving a change of use;
d. Facade improvements;
e. Equipment covers or structures to cover equipment.
(2) Tenant improvements involving an intensification or change in occupancy
classification.
(3) Any project that requires a discretionary approval, excluding conditional use
permits for operation of eating establishments between the hours of 12:00 a.m. and
5:00 a.m. and conditional use permits for the sale of alcoholic beverages.
(4) Construction of new digital billboards, conversion of an existing static billboard
within to a digital billboard, conversion/reconstruction of existing on-premise digital
signs, and relocation of billboards.
Ordinance No. NS-XXX
Page 14 of 15
(b) Discretionary approval. As used in this division, the term "discretionary approval"
means a conditional use permit, variance, minor exception, tentative map approval,
change in use district designation, or similar entitlement for development, the granting of
which involves the exercise of discretion, other than the plan approval process set forth
in this division.
Section 6. Pursuant to the California Environmental Quality Act, the City
Council has concurrently and separately reviewed, certified, and adopted the Final Initial
Study/Mitigated Negative Declaration and the related Mitigation Monitoring and
Reporting Program for this project/ordinance. On the basis of this review, the City
Council found that there is no substantial evidence from which it can be fairly argued
that the project will have a significant adverse effect on the environment.
Section 7. 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 of the City of Santa Ana 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.
Section 8. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 9. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2022.
________________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Chief Assistant City Attorney
Ordinance No. NS-XXX
Page 15 of 15
AYES: Councilmembers: __________________________________
NOES: Councilmembers:__________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-______ to be the original ordinance adopted by the
City Council of the City of Santa Ana on ________________, 2022 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
N LINCOLN AVESANTA ANA
ORANGE
N GRAND AVFAIRHAVEN AV
E SANTA CLARA AVS GLASSELL STS PARKER ST?ìE
Potential Billboard Area - 500 ft Residential Buffer
City Boundary
I
0 250 500
Feet
Potential Billboard Area 1
Exhibit 3
Santa Ana
Water TowerN MAIN STN BROADWAYE 17TH STW 17TH ST
W SANTA CLARA AV
!"^$
Potential Billboard Area - 500 ft Residential Buffer
City Boundary
I
0 250 500
Feet
Potential Billboard Area 2
Exhibit 3
E 4TH ST CABRILLO PARK DRE 1ST ST
E 4TH ST
Xerox CenterE 1ST STN GRAND AVS GRAND AVSANTA ANA
TUSTIN
!"^$
Potential Billboard Area - 500 ft Residential Buffer
City Boundary
I
0 250 500
Feet
Potential Billboard Area 3
Exhibit 3
S RITCHEY STE ST A
N
D
R
E
W
P
L
E WARNER AVE
E EDINGER AV
SANTA ANA
TUSTIN
?sE
Potential Billboard Area - 500 ft Residential Buffer
City Boundary
I
0 250 500
Feet
Potential Billboard Area 4
Exhibit 3
E WARNER AV
E
D
Y
E
R
R
DS GRAND AVEmbassy
Suites Hotel
E DYER RD
E WARNER AV
A
L
T
O
N
P
KW
Y
SANTA ANA
IRVINE
?sE
Potential Billboard Area - 500 ft Residential Buffer
City Boundary
I
0 250 500
Feet
Potential Billboard Area 5
Exhibit 3
S MAIN STW MACARTHUR BLVD
SUNFLOWER AV
MA
I
N
S
T MA
C
A
R
T
H
U
R
B
L
V
D
IRVINE
SANTA ANA
COSTA MESA
?sE
Potential Billboard Area - 500 ft Residential Buffer
City Boundary
I
0 250 500
Feet
Potential Billboard Area 6
Exhibit 3
?sE
!"^$
?ìE
Santiago
Santiago
Creek
Creek
Santa Ana RiverSanta Ana RiverUNION PACIFIC RRUNION PACIFIC RRUNION PACIFI
C R
R
UNION PACIFIC RR UNION PACIFIC RROC
T
A
M
E
T
R
O
L
I
N
K
R
ROCTA METROLINK RRSUGAR PINE WY
SHADYROCK DR
ARMSTRONGRANCH RD VIEW LAKEROCKSPRINGS CT PARK LAKEFOREST LAKESHADOW LAKEWOOD LAKE
SANTA FETORREY PINE LNRAYCIRBISHOP PINE LNMILLER PLF STA ST
E STB STL
PINION CT
D STWILLIAMS STMARIA PLHOLIDAY LNVILLAGE DR
PARKSIDE LN
SILVER SPURMAR LES LN
TWILIGHTRICOH PZQUIGLEY LNSHEFFIELD RDVILLAGE WY
TRIANGLE DR MAR LES DRMAR LES DRFO
R
ES
T
A
VPARK GLEN RDDEEREFIELD RD
RED FOX RD
BARCLAY CT
BIRTCHER DR
DENNICE DR
LINCOLN WY
SEA BREEZESUSAN STWA
L
K
I
E
WY
MAR LES WESTABBEY RD
WICKHAM PL
PUTTER DR
STONEGATE ST
SHAW PLSUMMER WIND
SHEARER LN LAKE
LAKECENTE R DRWASHINGTON PL
SADDLEBACKCTWIL
L
O
W
D
R
SANDY DR
GLENDON PL GLENDON PL
WEST WIND
CANYON LAKE
PARKWAY DRKENTON DRKENTON DRKNOL
L
BREEZEWAY DRPARKLAWN DRDORSEY DR
GREEN DR
BLACKHAWK DR
AB
CRAWFORD GLENANDREW DR
MUNSON RDWILDWOOD WY
ORANGEWOOD AVGOODMAN DR
MEADOWBROOKE DR
MAPLEWOOD WY
ROSEWOOD
CTD DR RNORTHWOODELMWOOD
MEADOWOODOOM
SANTA ANA BLVD
FLOWER STTUSTIN AVWASHINGTON AV
1ST ST LINCOLN AVSTANDARD AVMAIN STCIVIC CENTER DREUCLID ST RED HILL AVNEWHOPE STRAITT ST1ST ST
LA VETA AV
WARNER AV
17TH ST
TUSTIN AV4TH ST
MCFADDEN AVFAIRVIEW STCIVIC CENTER DR
MAIN STRAITTBRISTOLSTFAIRHAVEN AV
GRAND AVEDINGER AV
AL
T
O
N
A
VFLOWER STGLASSELL STBEAR STPARKER STCHESTNUT AV
SUNFLOWER AV YORBA STHAZARD AV
DY
E
R
R
D CAMBRIDGE STSTANDARD AVMACARTHUR BLVD
WASHINGTON AV
GRAND AVFLOWER STGARDEN GROVE BLVD
MCFADDEN AV
AV
HARBOR BLVDSUNFLOWER AV
WARNER AV
SEGERSTROM AVNEWHOPE STMA
C
A
R
T
H
U
R
B
L
V
DSEGERSTRO
M BROADWAYRAITT STDYER RD GRAND AVYORBA STWARNER AVHARBOR BLVDBROADWAYBROADWAYFLOWER STEUCLID ST GRAND AVHARBOR BLVDSEGERSTROM AV
1ST ST
EDINGER AV
1ST ST
CHESTNUT AV
BROADWAYEDINGER AVBRISTOL STMAIN STBROADWAY1ST STFAIRVIEW ST1ST ST
4TH ST
1ST ST
4TH ST
ALTON AV
17TH ST GRAND
AV
17TH ST
WA
R
N
E
R
A
VFAIRVIEW STFAIRVIEW STBRISTOL ST1ST ST
EDINGER AV MAIN STMAIN STEDINGER AV
MAIN STBRISTOL STDYER RD
17TH ST
FLOWER STMACARTHUR BLVD
FAIRHAVEN AV
WARNER AV
5TH ST
MCFADDEN AV NEWHOPE STWESTMINSTER AV
SANTA CLARA AV
STHAZARD AV
MCFADDEN AV
MCFADDEN AVWARNER AVBRISTOL STBRISTOL STHARBOR BLVDMACARTHUR BLVD
WILSHIRE PL
MORNINGSIDE AV
CAMILE PL MILLWOOD STDAN GURNEY DRDOUGLAS STGLENWOOD PL DAHL LNMAJESTIC DRJETTY CIRJESSEE DRNA PALI DR
GLENARBOR STAZTEC CIRGARRY AVWARBLER STPARTON AVHARVEY AVGATES
ST
HALL AV
CAMIL
E
PL
CL DLSUR
CL DLNORTE
BURNS AV
TUSTIN CENTER
KEDGE AV
MACARTHUR PLDAN GURNEY DR
KENNY
CIR
ADRIN WY
JEANNIECOM
SAINT ANNE PL
COLUMBINE AV
COMO AV
HARVARD ST
EDISONWY SANTA A
NA BL
VD
KEMPER AV
SHARONRD
DEEGAN DRMOORE AV
CHERRYST
ROSEWOOD AVJACKSON STLINDA WYBAKER STPENDLETON AVSHAWNEE DRAUSTIN STOLD GRAND STOLIVE STKENT AV GREENBRIER STSAINT GERTRUDE PLPACIFIC AVSHELLEY STSAINT GERTRUDE PL
PINE ST
9TH ST
AURORA AVBOOTH STCUBBON ST
VIRLEE STDAISY AVBIRCH ST2ND ST
VAN NESS AVSI
ERRAWESTERN AVMINNIE ST5TH ST
SHAWNEE DR11TH ST
KENT AV
HALL AV ROSS STPARK LN
15TH ST
LISABETHVANCE STKAREN AVBAKER STCIVIC CE
NT
ER D
R
MINNIE STVAN NESS AVPACIFIC AVWALNUT STBUSH STWILSHIRE AV
PINEHURSTCIR
OCEAN CRESTLOWELL STRAITT STLACY STBIRCH STMAXINE STLEWIS STPARTON STAVALON AV
SAINT ANDREW PLDAISY AVPATTI LNALCO AV
SHELTON STVAN NESS AVOLIVE STOXFORD ARIES CT ... WY16TH ST
MONTA VISTA AV
SANTA CLARA AV
SANTA ANA BLVD
ALPINE AV
ANAHURST PL
GLENWOOD PL
CAMILE ST
ROBERTS DR LOGAN STLOWELL STMOHAWK DROCCIDENTAL ST
MYRTLE STWESTWOOD AVPARTON STRANCHERO WY
KENT AV
GARRY AV
WILSHIRE AVRAITT STVAN NESS AVOCCIDENTAL ST
BREWER AVCALLESOLEDAD
PARTON AVROSITA STHILO ST
LORI LN
BELL AVHURON
DRROSS STLACY STBROOK ST MAPLE STBAKER STWISTERIA PL
TOWNER STTOWNER STLINWOOD AVSAIL STSAIL STSAIL STDAISY AVHARMON STSPRUCES
T
OAK STBUFFALO AV
VIRGINIA AV VIRGINIA AVPARK LN
PARK LN
PARK LN
OCCIDENTAL ST
GARRY AV
KRISTI LN
DEMING STLILAC AV
LILAC AV
KELLER AVKELLER AV
SANTA CLARA AV
SANTA ANA BLVD
CENTRAL AVCENTRAL AV PACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVWOOD STCEDAR STCARRIAGE DR
WILLIS STOAKFIELD AV
GARNSEY STMCLEAN DRMT TRICIA STWASHINGTON AVANITA PLDOREEN WYFIGUEROA STRITCHEY STMAXINE STLA VETA AV
SYCAMORE STDAVIT AVDAVIT AVDAVIT AV PATRICIA LNWESTERN AVCLEGHORN WYLA BONITA AVLA BONITA AVWILLITS ST
WILLITS ST
WILLITS STBEWLEY STOCCIDENTAL ST
BL
A
I
R
A
VJACKSON STJACKSON STTOWNSEND STLENITA LN
GOETZ AVCADDY CIRRITARITARITASAINT ANDREW PL
LAURA LINDA LNPACIFICHOLLYLINE AV
RAITT STRAITT STELLIOTT PLELLIOTT PLCHARLAINE AV
OXFORD ST
OTIS STDEODAR STDIAMOND
PINE ST
PINE STPINE STPINE ST
PINE ST PINE ST
LIME ST
JOANA DR
CENTRAL AVALENE CIRLINGAN LNELAINE DRSEA CLIFFBELL AV
SAINT GERTRUDE PL
WELLINGTON AV
FLIGHT AV
FLIGHT AVFLIGHT AVFLIGHT AVFLIGHT AV
MORNINGSIDE AV
ROSEWOOD AVDAISY AVDAISY AVDAISY AVSTANFORD ST
ACAPULCO AV
GARNSEY STGARNSEY STOAKFIELD AV
FREEMAN STALPINE AVALPINE AV
ALPINE AV
FRUIT STFRUIT STFRUIT STFRUIT ST FRUIT ST
LEHNHARDT AV
CATALINA AV
CATALINA AVCATALINA AV
CATALINA AV CATALINA AV
CATALINA AV
11TH ST11TH ST
11TH ST
21ST ST
21ST ST
21ST ST21ST ST21ST ST21ST ST
21ST ST 21ST ST21ST ST
TIMBER STTIMBER STCEDAR STMINNIE STLAIRD STLAIRD STLAIRD STLAIRD STOLIVE STOLIVE STOLIVE STOLIVE STOLIVE STOLIVE STOLIVE STOLIVE STOLIVE STOLIVE STOLIVE LNOLIVELNOAK STHALL AV
HALL AV
HALL AVHALL AV
HALL AV
POMONA ST
SALTA STSALTA STSALTA STBROWN STROSITA PLLA BONITATAFT STRIVIERA DR RIVIERA DR
PETAL AV
HEMLOCK WY
JUDITH LN
SANTA CLARA AV
HUTTONCENTRE DRMAUI AVTHE CITY DRBOLIVAR CIR
GOLDEN WEST AVOLD TUSTIN AVHILTON LNSENNIT AV FRENCH STWALNUT ST
WISTERIA PL
WISTERIA PL
WISTERIA PLWISTERIA PL
STAFFORD ST
SAINT GERTRUDE PLSAINT ANNE PLKING STKING STKING STKING
STKING STKING ST14TH ST14TH ST
14TH ST
14TH ST
14TH ST
14TH ST
15TH ST15TH ST
15TH ST
15TH ST
20TH ST 20TH ST
20TH ST20TH ST
20TH ST
20TH ST 20TH ST
20TH ST
20TH ST
19TH ST
19TH ST
19TH ST
19TH ST
19TH ST19TH ST 19TH ST
19TH ST
19TH ST 19TH ST
18TH ST
18TH ST
18TH ST
18TH ST
18TH ST18TH ST
18TH ST18TH ST
16TH ST
16TH ST16TH ST 16TH ST16TH ST
16TH ST
16TH ST
10TH ST 10TH ST10TH ST10TH ST
10TH ST
12TH ST12TH ST12TH ST12TH ST
KEEL AV
WASHINGTON AV
ROSITA STALBION AV
SIERRA AV
VA
L
E
N
C
I
A
A
VPOINSETTIA STPOINSETTIA STPO
INSE
TT
IA
S
T
POINSETTIA STPOINSE
T
T
I
A
ST
CIRCIRCIR
CIR
CIR
CIRCIRMT MITCHELL CIRMT HICKS ST4TH ST
7TH ST7TH ST
7TH ST
7TH ST
7TH ST
8TH ST
5TH ST
5TH ST5TH ST5TH ST5TH ST5TH ST
5TH ST 5TH ST 5TH ST5TH ST
5TH ST
6TH ST
6TH ST6TH ST6TH ST6TH ST6TH ST6TH ST6TH ST6TH ST6TH ST
6TH ST
9TH ST9TH ST 9TH ST9TH STJETTY STSANTA FE STSANTA FE STSANTA FE STSANTA FE STSANTA FE STSANTA FE STSTANDARD AVSTANDARD AVWILSHIRE AV
WILSHIRE AVWILSHIRE AV
WILSHIRE AV
WILSHIRE AV
WILSHIRE AV
WILSHIRE AV
CURIE AVCURIE AV
CURIE AV SULLIVAN STSULLIVAN STSULLIVAN STSULLIVAN STELK LNWILLIAMS STWILLIAMS STWILLIAMS STJUNIPER AVJUNIPER AVARTESIA STARTESIA STARTESIA STARTESIA STARTESIA STARTESIA STGRIFFITH GRIFFITHEL DON PLBERNI STBERNI ST
RIVER LN
RIVER LN R IV ER LN
RITA WYRITA WYRITA
WYYALE STYALE STYALE STYALE STYALE STYALE STCALIFORNIA ST
HIGHLAND AV JENKINS STSILVER DRSILVER DR SILVER DR
GRISET PLGRISET PLVICTORIA DRORANGE AVTOLLIVER ST VALENCIA STVALENCIA STJAN WY JAN WYLA VERNE AV LA VERNE AVLA VERNE AV
LINNELL LOUISE STLOUISE STLOUISE STLOUISE STALBION LN
LINCOLN AVGARNSEY STDEMING STBIRCH STBIRCH STBIRCH STBIRCH STBIRCH STBIRCH STBIRCH STBIRCH STBIRCH STDARIN STJUNIPER ST LEWIS STLEWIS STLORI
CAMILLE ST
CAMILLE STCAMILLE ST
CAMILLE ST
BINE
MA R CELLALN
SANTA CLARA CIR
EASTSIDE AVEASTSIDE AVEASTSIDE AVEASTSIDE AVEASTSIDE AVOAKFIELD AV CANDIS AVSCENIC AV
SISSON AV
SEBA AV
BALLAST AV
CAMILE STCAMILE ST
CAMILE ST
CAMILE ST
CAMILE STELAINE DRLINGAN LN LINGAN LN
LINGAN LNLINGAN LN
MYRTLE STMYRTLE STFAIR WYFAIR WY22ND ST
22ND ST
22NDST
VAN NESS AVSHEFFIELD STGOLDEN WEST AVAPPLE AVSANTA CLARA AV
SANTA CLARA AV
FUCHSIA STSAINT
SAINTGERT R U DE PARTON STPARTON STLAIRDLINDALINDAPOPLAR STOLIVEFLINTRIDGE DRSTARBOARD STSTARBOARD STLIVINGSTONE STKENT AV
KENT AV JODY AVTRINIDADRIVERINE
ALTON AV
ALTON AV
ALTON AV
BISHOP STBISHOP STBISHOP STBISHOP ST
KELLER AV
KELLER AV KELLER AV RIGHTERCIRMISSOURI LNFRANKLIN STPOMONA ST EASTSIDESTFLIGHT
EDGEWOOD RD
TIMBER STTIMBER STDENNIS STDENNIS STDIANNE STFLOYD CIR CLINTON STCLINTON STRITCHEY STRITCHEY STRITCHEY ST
RIVERSIDE DR
RIVERSIDE DR2ND ST2ND ST2ND ST2ND ST 2ND ST
2ND ST 3RD ST3RD ST3RD ST3RD ST
3RD ST3RD ST
3RD ST3RD ST
ROY CIR
NUBIAN LN
COLUMBINE AV
SAINT ANNE LACY STL
ACY
S
T
ALPI
N
E TOWNER STENGLISH STENGLISH STENGLISH STENGLISH STSTANELYKORAL CIRJETTY DRORION AV
ORION AV
GROVEMONT ST
SULLIVANSALINAZ
WE
L
LINGTONAV WAYFIELD STGARFIE
LD
S
T
GARFIELD STFAIRLAWN AVFAIRLAWN AVHUYLARS LNTAMPION AVTAMPION AV TAMPION AV
WELLINGTON AV
MAURIE AVMAURIE AV
MAURIE AV
BORCHARD AV
BORCHARD AV
WAKEHAM AV
LINDA WYLINDA WYLINDA WYTERMINAL STTERMINAL STDAHL ST
DAHL LN
DAHL LN
DAHL LNDAHL LN
DAHL L
N
DAHL LN
MAINPLACE DR
MIN
TER
S
T
MINTER STMAXINE STMAXINE STSALVATIONFULLER STKILSON DRKILSON DRKILSON DRKILSON DRKILSON DRAVALONAV
AVALON AVAVALON AV
AVALON AV
AVALON AV
AVALON AV
RICHLAND AV
RICHLAND AV RICHLAND AVPARSONS PLCABRILLO PARK DRWALNUT ST
DAIMLER STDAIMLER STDAIMLER STH ELIO T R OPE
RUSSELL AVRUSSELL AVRUSSELL AV
RUSSELL AV LYON STLYON STLYON STLYON STLYON STLYON STLYON STLYON STLYON STLYON STLYON STLYON STPALM ST
PARK LN
PARK LN
PARK LN
LAUREL STLAUREL STLAUREL STLAUREL STLAUREL STJONQUIL
R
D
JONQUIL RD
MIRASOL STMIRASOL STMERIDAY LNMERIDAY LN
TRASK AV TRASK AV
JAMES AV
ELDER AV ELDER AV
ELDER AV
ELDER AV
ELDER AV
BEVERLY PLSTONE PINE GLENGREENVILLE STGREENVILLE STGREENVILLE STGREENVILLE STFAIRMONT AVPONDEROSA STFIRST AMERICAN WY
FIRST AMERICAN WYLORETTA LN
CRYSTAL LN
CRYSTAL LN
CRYSTAL LN
BUFFALO AV
BUFFALO AV
BUFFALO AV
BUFFALO AV
BUFFALO AVBUFFALO AV
SHELLEY STSHELLEY STWISTERIAWISTERIA
WISTERIA
WISTERIA
YUMA CIR
WILSHIREWILSHIRE
FLORA ST
FLORA STFLORA ST
FLORA ST
FLORA ST
ASTER PL
CLARA STCLARA STPLAZA DRMANLY AV
MANLY AV
MANLY AV
NOBEL AV
NOBEL AV HATHAWAY STMARINE STMARINE STMARINE
STMARINE STMARINE STANAHURST PL
FAY
NORMANDY PL
VILLAGE WYSAINT GERTRUDE PL
SAINT GERTRUDE PL
SAINT GERTRUDE PLYAWL STTAMY LNRICHLAND STNAUTILUS DRHASTINGS STSAINT ANDREW PL
SAINT ANDREW PL SAINT ANDREW PL
OLD MC FADDEN AV
OCCIDENTAL STOCCIDENTAL ST
OCCIDENTAL STOCCIDENTAL ST
FAIRWAY DR
HICKORY STHICKORY STHICKORY STHICKORY STHICKORY STASPEN VILLAGE WYHALLADAY STHALLADAY STHALLADAY STHALLADAY STHALLADAY STHALLADAY STHALLADAY STHALLADAY STCOMOAV
GATES STGATES STGATES STDAYNA STDAYNA STCAMINO AV
FAIR
M
O
N
T
S
T
CA
R
N
E
G
I
E
A
VMAGNOLIA AVMAGNOLIA AVMAGNOLIA AVMAGNOLIA AVPEPPER TREE LN
FAYTT MINNIEJETTYSIEMON STMELRIC DR
MELRIC DR
JUNIPERFIGUEROA STFIGUEROA STSANTIAGO STSANTIAGO STSANTIAGO STSAN
T
IAGO
S
T
HIGHLAND ST
HIGHLAND ST HIGHLAND STHIGHLAND ST
WOODLAND PLMONICA LN
MONICA LN HESPERIAN STHESPERIAN STHESPERIAN STHESPERIAN STHESPERIAN STHESPERIAN STHESPERIAN STSPINNAKER STSPINNAKER STOAK STOAK STOAK STOAK STOAK STOAK STOAK STBEAR STALDER STJASON LN
CELESTE ST
CELESTE ST
CENTRAL AV
CENTRAL AVCENTRAL AV
CENTRAL AVCENTRAL AVCENTRAL AV
CENTRAL AV CENTRAL AV
RIVERGLEN LN
HOTELLOUISEKILSONALONA STALONA STALONA STALONA STCAROL AV
CAROL AV
ALOHA ST
LA VERNE
PL
PL
PL
PL PLPL PLPL
PL
PL
PLPL
PLPL
PLPL
PLPL
PL
PL
PL
PL
PL
PLPLPLFOREST AVFOREST AVFOREST AVFOREST AVFOREST AVPENNY AV
BARBETTE AVBARBETTE AV
MADISON AV
STEVENS AV
STEVENS AV
STEVENS AV
STEVENS AVHYLAND AVGOETZ AV
FAIRBROOK LN
HAVEN LNDE
E
R
E
A
V
KNOX AVKNOX AV
KNOX AV
PORTOLA AV
DEMING STDEMING STHARVEY AV
MORNINGSIDE AV
MORNINGSIDE AV
SAN LORENZO AV PASADENA AVPASADENA AVGOLDEN CIRCLE DRASPEN STASPEN STASPEN ST
MAPLE STMAPLE STMAPLE STMAPLE STMAPLE STBAKER STBAKER STBAKER STBAKER STBAKER STBAKER STBAKER STBAKER STBAKER STREEVE STBUENA STCABRILLOSHELTON STSHELTON STSHELTON STSHELTON STSHELTON STSHELTON STSHELTON STCARLTON PL
CARLTON PL CARLTON PL CARLTON PL
COLUMBINE AVCOLUMBINE AV
COLUMBINE AVANNE STANNE STBUSH STBUSH STBUSH STBUSH STLAKE CENTER DR
BERN LN
MEILSSABAY CREST LOWELL STLOWELL STLOWELL STLOWELL STLOWELL STLOWELL STLOWELL STLOWELL LNLOWELL LNDU
R
Y
E
A
A
V
BERKELEY ST
BERKELEY STBERKELEY ST
BERKELEY ST
BERKELEY ST
WILLOWICK DR
GRISETGRISETFRANZEN AVFRANZEN AV FRANZEN AV
JEFFERSON PLSIERRA
SIERRA
CAMILE ACACIASTEARNS AV
COLLEGE AVCOLLEGE AVKEELSON AVKEELSON AV
LADELL
WELLINGTON AV WRIGHT STWRIGHT STWRIGHT STWRIGHT STWRIGHT STWRIGHT STWRIGHT STWRIGHT STWRIGHT STFOREST STTAURUS LNMYRTLE ST
MYRTLE ST
TOLAND STSUNSET STHURLEY STFORBES AV
MOUNTAIN VIEWMOUNTAIN VIEWMOUNTAIN VIEWVAN NESSBRUCE AV
BURNS AV
POSEY ST
BOY
E
R
A
V
KEDGE AV
BOBBY LN
DOWNIE PL
PARTON STPARTON STPARTON STMANTLE LNMANTLE LNMAN
T
L
E
L
NPOPLAR STPOPLAR STPOPLAR STPOPLAR STPOPLAR STPOPLAR STPOPLAR STENTERPRISE DRWAVERLY STPARK DRPARK DRPARK DRPARK DRSTA
F
F
O
R
D
S
T
CORRIGAN AV
MANITOBA DRMANITOBA DRMANITOBA DRSTEPHENS AVADRIN WY
ADRIN WYADRIN WY
MAINPLACE
OLD GRAND STJOANA DR
JOANA DR
SUSAN STSUSAN STSUSAN STSUSAN STSUSAN STSUSAN STSUSAN STSUSAN STSUSAN STSUSAN STROOSEVELT AV
GARRY AV GARRY AV
GARRY AV
GARRY AV
GARRY AV
GA
R
R
Y
A
V
GARRY AV
PULLMANOTTAWA STMCCLAY STMCCLAY STMCCLAY STBAMDAL STBAMDAL STLINWOOD AVLINWOOD AVLINWOOD AVLINWOOD AVLINWOOD AVSHERWIN LN
CYPRESS AVCYPRESS AVCYPRESS AVCYPRESS AVCYPRESS AVCYPRESS AVMARCELLA LN
CYNTHIA
ROSS STROSS STROSS STROSS STROSS STROSS STROSS STROSS STROSS STROSS STBOYD STTODDY STMARTY LN
MARTY LN
FORRY LNHUNTER AV HUNTER AVSYDNEY STDIAMOND STDIAMOND STDIAMOND STDIAMOND STDIAMOND STBRIAN EXWYJACKSON STJACKSON STJACKSON STPULLMAN STPULLMAN STPULLMAN STCHESTNUT AV
CHESTNUT AV
CHESTNUT AV
STANDARD AVGREENBRIER STHELIOTROPE DRHELIOTROPE DRFAWN STCOTTER STCOTTER STJAN WY MILLWOOD STCENTER STCENTER STCENTER STCENTER STCENTER STCENTER STCENTER STCENTER STCENTER STCUSTER STWEBER CIRGRANT ST GRANT STSYCAMORE STSEABOARD CIRCALVO DR
JACARANDA STNANCY LNANDRES PLROUSSELLE STROUSSELLE STAV
AV AVA
V
AV
AV
AV
AV AV
AV
AV
AV
AV
AV
AV
AVAV AVAVAV
AV
AV
AVAVAV
AV
AV
AVAVAVAV
AV
AV
AV
AV
AVAV
AV
AV
AV
AVAV
AV
AVAV
AV
AV
AV AV AV
AVAV
AV
AV
NOTTINGHAM AVLEHNHARDT AVLEHNHARDT AV
PENDLETON AV
CARRIAGE DR
CARRIAGE DR
CARRIAGE DRCARRIAGE DRCARRIAGE DR
CARRIAGE D
R
CARRIAGE DR
GEORGINE STPARSONS PLPARSONS PLHOBART ST
HOBART ST SHERRY LNSHERRY LNCEDAR STCEDAR STCEDAR STARDEN STGRACE PLOBARR PLWEST STWEST STWEST STGOLDEN WEST AVCATHERINE WYWATKINS WY LINWOOD STLINWOOD STWESTMINSTER AV
DURANT STPORTER STCASTOR ST
CASTOR STCASTOR ST
MAR
T
H
A
L
N
MARTHA LNMARTHA LN
BEACON AV BEWLEY STBEWLEY STBEWLEY STCORTA DRCORTA DRGREENLEAF STCEN
T
U
R
Y
B
L
V
D
BLVD
MORTIMER
S
T
MORTIMER STSTANFORD ST
STANFORD ST STANFORD STSTANFORD STSTANFORD ST HATHAWAY STHATHAWAY STHATHAWAY STHATHAWAY STHATHAWAY STHATHAWAY STHATHAWAY STANAHURST PL
ANAHURST PLANAHURST PL ANAHURST PL
CHANDLER AV CHANDLER AV
ACAPULCO AV MARK ST
MARK ST
MARK ST
EDNA DR
MICHAELMICHAEL
HARVARD STHARVARD ST
HARVARD ST FRENCH STFRENCH STFRENCH STWALNUT STWALNUT ST SPRUCE STSPRUCE STSPRUCE STSPRUCE STSPRUCE STSPRUCE STSPRUCE STSPRUCE STHARPER STEVONDA STHAWLEY STANNAPOLISCREST RDPROGRESSO ST
GOLDEN WEST STCHERRY ST
MINTERMINTERSTSTSTSTSTSTSTSTSTSTSTSTSTST
ST
STSTST STSTST
ST STSTSTSTSTSTSTST STST
STSTSTSTSTSTST
STSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTSTST
STSTSTSTF
EVIEW
ADAMS STADAMS STADAMS STADAMS ST ADAMS ST
ADAMS ST
ADAMS STMAXINE BONNIE
BREEDEN STDRESSER STEVERGLADE STEVERGLADE STEVERGLADE STEVERGLADE STPARKCOURT PL
F
AL
L
BROO
K
DRSTLN
LN
LNLNLNLNLN
LNLNLNSTLNLN
LNLNLN
WASHINGTON AV
AMETHYST CT
KIRKWOOD AV
CORWIN CTEMMETT ST
RAYMAR ST
RAYMAR ST
RAYMAR ST
RAYMAR ST
MT MATTERHORN STFLOWER AV
RHONDA AV
HOOD AVHOOD AV
HOOD AV
HOOD AV ROSWELL STRICHMOND STRICHMOND STGREENWICH AVSTARBOARD STSTARBOARD STAURORA ST HESPERIAN STHESPERIAN STCLEMEN
SE
N AVGARNSEY STGARNSEY STGARNSEY STGARNSEY STGARNSEY STGARNSEY STRENE DRRENE DRRENE DRRENE DRRENE DRRENE DRR
E
N
E
D
R
SPRINGS
IRONGATE
HALLADAYMABURY STMABURY STMABURY STMURPHY AVFREEMAN STGUNTHER PLGUNTHER PLFREEMAN LNDOUGLAS STDOUGLAS STDOUGLAS STDOUGLAS STDOUGLAS STHARWOOD PLCRYSTAL FAIRMONTFAIRMONTSANTIAGO
BROOK ST
BROOK ST
HIGHLAND
HIGHLANDHIGHLAND
ST
ANCHOR AV ORANGE AVORANGE AVORANGE AVORANGE AVORANGE AVORANGE AVTOWNLEY STTECH CENTERCAPE COD WY
MONTE CARLO DR
OXFORD STFLOWER STFLOWER STDEODAR STCUBBON ST
CUBBON STCUBBON STCUBBON STCUBBONST
CUBBON ST WESTERN AVWESTERN AVWESTERN AVCLEMENSEN ST
GRISETCAMDEN PL
CAMDEN PL
CAMDEN PL HICKORYSUNSWEPT AV SUNSWEPT AVSUNSWEPT AV
SUNSWEPT AV SUNSWEPT AV LARCHMONTAVLARCHMONT AVGUNTHER STGUNTHER STGUNTHER STFONDREN STLUCKY WY
LUCKY WY
SYCAMORESTBUFFALO
BUFFALO
CELESTE
RUSSELL
AVALON AVALON
AVALON
SAN LORENZO
LARAMORE LN
S
A
N
T
A
KATHYSTACYOAKMONT AVREGENT DR
MCEVOY LN
PARKCENTER DRJOANE WYJOANE WYJOANE WYJOANE WYGREENVIEW DR
YOUNG ST
MARK AND
EVERGREEN STEVERGREEN STEVERGREEN STEVERGREEN STGLENARBOR STGLENARBOR STMALLMALL MEDFORD AVFORDHAM AV
ROBERTS DR ROBERTS DR
ROBERTS DR ARAPAHO DRARAPAHO DRARAPAHO DRMARION WY
MCLEAN DRCOOPER STCOOPER STCOOPER STTHORNTON ST
BORCHARD AVBORCHARD AV
BORCHARD AV
BORCHARD AV
BORCHARD AV
BORCHARD AV BORCHARD AVBORCHARD AV
BORCHARD AV
BROA
D
W
A
Y
P
L
ORIONORIONKRAFTSHANNON STSHANNON STSHANNON STSHANNON STFARMERS DRMACARTHUR PL
HUCKLEBERRY RD HUCKLEBERRY RD
STRAWBERRY LN
STRAWBERRY LN
MOUNTAIN VIEWMOUNTAINWEST ORANGE RD
MOORE AV
MOORE AVMOORE AVMOORE AVMOORE AV PONDEROSA STPONDEROSA STPONDEROSA STPONDEROSA STHENDERSON PL HENDERSON PL
ANABEL AUGUSTAWYSECREST WYSECREST WY
ROWLAND AVROWLAND AV DEVON RDMARINERS
GENOA DRGRAHAM LNDEEGAN DRDEEGAN DRANDREW PL
POMONA ST
POMONA ST POMONA ST
POMONA ST
POMONA ST
POMONA ST
POMONA ST
POMONA ST POMONA ST
TOWN AND COUNTRY
HALESWORTH ST BEDFORD RDBRONSON ST
WAKEHAM AVWAKEHAM AVSPURGEON STSPURGEON STSPURGEON STSPURGEON STSPURGEON STSYCAMORE STSYCAMORE STSYCAMORE STSYCAMORE STSYCAMORE STSYCAMORE STRIDGEWOOD STRIDGEWOOD STPAR K GLENCIRPARKSPARSPARWARREN ST
WARREN STGATES
GATESWAKEHAM PL
PASTEURSTAFFORDSTAFFORDTOWNER STTOWNER STTOWNER STTOWNER STTOWNER STTOWNER STTOWNER STTOWNER STTOWNER STEASTWOOD AVEASTWOOD AVNORMANDY PLNORMANDY PLNORMANDY PLCORPORATE DRCT
CT
BR
O
W
N
I
N
G
DORMAN ST
DEMING CIR
MARION
TERRA CEMADDOCK STMADDOCK STMADDOCK STPENN WYSUMMER LNSHARO N RD
SHARON RD
SHARON RD
NAKOMA DRNAKOMA DRGORDON PLCALLENS COMM
JOANA
STEVENSCLARAELDER
GLENDALE
AASAN
DPOINTEEESMEMORY LNMEMORY LN
HARBOR GATEWAYCARLTONTOWNSEND STTOWNSEND STTOWNSEND STTOWNSEND STTOWNSEND STTOWNSEND STTOWNSEND STWOODLAND AVROOSEVELT GREENGROVEBLUEBERRY EASTWOOD STEASTWOOD STTEAKWOOD STGOLDEN WESTWOODLAND PLWOODLAND PLCONCORD STCONCORD STCONCORD STCONCORD STCONCORD STRAMONA DRRAMONA DRRAMONA DRRAMONA DRKEEGAN WY
HURON DRHURON DRHURON DRHURON DRMC
G
A
W
A
V
BERNADAL
EDENDALE
SHAWNEE DRVANCE DAYNAGROVEMONT ST
GROVEMONT ST
DIAMONDDIAMONDDIAMONDDIAMONDBOYD WYCHARLESFORESTFORESTFORESTHURLEYLOWELLGLENWOOD PL
GLENWOOD PL GLENWOOD PL GLENWOOD PL
PENDLETON
PENDLET
O
N
PENDLETON
COMMERCIAL
KEYWOOD LN BAKERSTBAKERSAWGRASS DRNANTUCKETCLUBHOUSE COMAMY COMPEARWOOD LN
CHESTNUT
HATHAWAYYOSTCORTAMAYWOOD PL
MAYWOOD PL MAYWOOD PL
HARWOOD PL
WOOD STWOOD STWOOD STWOOD STLINWOODCANTERAMARY COM
HEMLOCK WYHEMLOCK WYDRIFTWOODDRIFTWOODDRIFTWOOD DRDOREEN WYDOREEN WYDOREEN WYCENTERCENTERBEECHWOOD ST
BEECHWOOD ST BEECHWOOD STBRYNWOOD STPEACHWOOD LN
SHERWOOD LN
ROSEWOOD AVROSEWOOD AVROSEWOOD AVROSEWOOD
A
V ROSEWOOD AVROSEWOOD AVBENTONWYELMELM
BAMDALBERRYPLUMWOOD LNLAWSON WYPENNY
CRODDY WY
CRODDY WYCRODDY WYAU
TO
AUTOWESTWOOD AVWESTWOOD AVWESTWOOD AVM O RNINGSIDE
CASCADERUT
HCIR
BRAE
RENERENE DREDNASTHANS
SPRUCESPRUCESPRUCESPRUCESURREYKEEGAN
DANBURYFERNWOOD DRMOONRIDGE
HAWLEYGLENARBOR STFREEMANWOODBURY DRMOHAWK DRMOHAWK DRADDEN
CHERRY
BRADFO
RD
LARAMORE
EVONDAOAKMON
T
HEMLOCK
NORTHPARK
GARRY
MACARTHURROSSEVO
N
GRACE
DOREENAURORA AURORAAURORASHANNON BORCHARD
BORCHARD
BROADWAYMARY
RD
DRDRDRDR
DR
DR
DR
DRDRDRDRDR
DRDRDRDRDR
DR
DRDRH NR R
RCHANDLER
CIR
CCU OAKMONTCAMDEN
CAMDEN
CAMDEN
CAMDEN PL
MURPHY
COLUM MEASORBROOKHOLLOWBROOKBROOK BROOKGENOA
TOWNSENDTOWNSENDNEWPORT
GROVEMONT
ST
EASTWOODEASTWOODROWLANDPOPLARGRAHAMPOPLARTOWNERMARENGOHARMON STBEECHWOOD
AV COTTONWOODGLENWOOD
MEMORY
WOODBURY
AMBERWOODGREENWOODMOORE
COWANMAYWOOD
MAYWOOD
REDWOOD
MOHAWKMOHAWKWESTWOODAVBOMO
BROWN
COMCOMCOMGOLDENCIRC
L
EDRWYWY
WY
WY
WY
WYWY
WY
WYWYWYWYWYMCOACH DICK HILL WYCUBBON ST BEVERLY PL
MACARTHUR PLCEDAR ST4TH ST
GARNSEY STST!w
!w
!w
!w
!w
!w!w
!w!w
!w!w
!w!w
!w
!w
!w
!w
!w
!w
!w
!w
!w
!w
!w
!w!w
!w
!w
!w
!w
!w
!w!w
!w!w!w!w!w!w!w!w!w
!w!w !w
!w!w
!w !w!w
!w
!w
!w!w
!w
!w!w!w!w!w!w!w !w
!w!w!w !w !w !w !w !w
!w
!w
!w
!w!w!w
!w
!w
!w
!w!w
!w
!w
!w!w
!w
!w!w
!w
!w
!w
!w
!t
!t
!t
!t
!t
!t!t
!t!t
!t!t
!t!t
!t
!t
!t
!t!t!t !t !t
!t
!t
!t !t !t
!t
!t
!t
!t!t
!t
!t
I00.45 0.90.225
Miles
Billboard (92 Locations)1 Sided
!t Small
!t Medium
!t Large
2 Sided
!w Small
!w Medium/Small
!w Medium
!w Large/Small
!w Large/Medium
!w Large
Billboard Locations
Santa AnaCity of
As of November 2017
On Street Number of BillboardsBristol Street 5Chestnut Avenue 1Edinger Avenue 3Fairview Street 6Fifth Street 9First Street 20Fourth Street 1Grand Avenue 3Harbor Boulvard 6Main Street 20McFadden Avenue 4Newhope Street 1Ritchey Street 4Santa Ana Blvd 2Warner Avenue 1Westminster Ave/Seventeenth Street 6
Two locations are outside City Limits (not part of count but shown on map)
Exhibit 4
1
BILLBOARD OPERATING AGREEMENT
This Billboard Operating Agreement (“AGREEMENT”) is dated ____________________, 202__
between the City of Santa Ana, a charter city and municipal corporation (“CITY”) and
________________, a ______________________ (“OPERATOR”), collectively referred to as
“the Parties”. This AGREEMENT shall become effective on the date that OPERATOR is issued
a Permit by CITY (the “Effective Date”) for the installation of a new digital billboard or
conversion/reconstruction of an existing static billboard to a digital billboard at the following
subject property location: __________________________________, Santa Ana, California
__________, referred to as the “Subject Property”.
1. Public Benefit.
A. Intent. The purpose of this AGREEMENT is to collect fees for the operation of
freeway-oriented digital billboards and to provide fees for mitigation options to be used by
CITY to compensate for impacts to CITY services, residents, and/or businesses as set forth
in Santa Ana Municipal Code section 41-1100 et seq. The Parties agree that this
AGREEMENT confers substantial private benefits on OPERATOR which should be
balanced by commensurate public benefits. As part of the city’s billboard sign permit
process, OPERATOR agrees to enter into this AGREEMENT. OPERATOR has elected to
execute this AGREEMENT as it provides OPERATOR with important economic benefits.
Accordingly, the Parties intend to provide consideration to the public to balance the private
benefits conferred on OPERATOR by providing mitigation measures to the public and to pay
for economic and community-oriented services using the operating agreement fees
collected.
B. Local Hiring and Sourcing. In the construction, operation, and maintenance of its
billboard, OPERATOR agrees to use its reasonable efforts to retain the services of qualified
contractors and suppliers who are located in the City of Santa Ana or who employ a
significant number of City of Santa Ana residents.
C. Existing Billboard Removal Plan or Economic and Community Benefits Plan.
OPERATOR agrees to submit a Billboard Removal Plan (BRP) to remove existing static
(non-digital) billboards within the City of Santa Ana for review and approval by CITY as part
of its application for a new or converted/reconstructed digital billboard. The BRP must
specify the minimum components listed below and must be attached to this AGREEMENT
as Exhibit A. OPERATOR shall adequately document that it has met the BRP’s obligations
and commitments as a condition of renewal/extension of this AGREEMENT upon expiration
of the initial term and any extensions.
i. BRP Minimum components:
(1) Location of existing billboards to be removed, including a street address,
geo-coordinates, and accompanying map.
(2) Size of existing billboards to be removed, including dimensions of the
overall structure, number of billboard faces on the structure,
2
dimensions of the billboard face, square footage of the billboard face,
and accompanying photographs.
(3) Timeline for removal of existing billboards identified, prior to release of
utilities for any new or converted/reconstructed digital billboard
identified in the application.
(4) Provisions for advertising of any onsite available products or services,
specified as a percentage of total hourly on- or offsite product or
service advertisements.
(5) Economic and Community Benefits Plan, if applicable as per item 7,
below.
(6) Documentation of any/all permit(s) required for removal.
ii. Billboard Removal Ratios for Existing Static Billboards (Except as Noted Below):
Table 1: Billboard Removal Ratios for Nonconforming Billboards
Project/Request Required Removal
New Digital Billboard on a freeway 4 times the area of the proposed billboard*
Conversion/Reconstruction of Existing
Static Billboard to Digital with No
Expansion of Area
4 times the area of the proposed billboard
Conversion/Reconstruction of Existing
Static Billboard to Digital Including
Expansion of Area
4 times the area of the proposed billboard
Conversion of Existing Digital On-Premise
Sign to Digital with No Expansion of Area
2 times the area of the proposed billboard*
Conversion of Existing Digital On-Premise
Sign to Digital Including Expansion of Area
4 times the area of the proposed billboard*
New Digital Billboard with Mandatory On-
Premise Advertising Associated with an
On-Premise Regional Retail Commercial
Business or a Regional Commercial Center
As determined under the Economic
Community Benefits Plan
Conversion of Existing Digital On-Premise
Sign to a Digital Billboard with Mandatory
On-Premise Advertising Associated with an
On-Premise Regional Automobile
Dealership or Regional Commercial Center
As determined under the Economic
Community Benefits Plan
*May be reduced subject to approval of Community Benefits Plan
As used in this section, the terms stated below shall be defined as follows:
1. Regional Automobile Dealership: An automobile dealership licensed by the state that
sells new or used automobiles or other motor vehicles in conjunction with new
automobiles to the general public on an integrated site which fronts onto one or more
freeways, is plainly visible from one or more freeways, or is on a site which is located
within three hundred (300) feet of the point where a freeway exit centerline intersects with
a city street.
2. Regional Business: A business or enterprise offering commodities, goods, or services,
either wholesale or public, to the broader Orange County region, on an integrated site
which fronts onto one or more freeways, is plainly visible from one or more freeways, or
is on a site which is located within three hundred (300) feet of the point where a freeway
exit centerline intersects with a city street.
3
Regional Commercial Center: A large commercial complex containing a variety of stores,
restaurants and other businesses housed in a series of connected and/or adjacent buildings
within an integrated campus that shares common areas and parking facilities, and which fronts
onto one or more freeways. Said center must be located on a site of no less than fifteen (15)
acres.
iii.Economic and Community Benefits Plan:
Except as required by Table 1 above, OPERATOR may exercise the option to reduce
the billboard removal ratio for billboards that are nonconforming as resulting from the
adoption of Ordinance No. NS-____, subject to detailing provisions for economic and
community benefits in an Economic and Community Benefits Plan in full accordance
with Section 41-1113 of the Santa Ana Municipal Code as detailed and approved in the
BRP. The terms of the Community Benefit Plan within the BRP shall be subject to review
and approval by the City Manager as recommended by the City Attorney and Executive
Director of the Planning and Building Agency.
For the proposed conversion of existing freeway-oriented on-premise digital signs to be
considered for a reduction in or exemption from the required removal ratios as outlined
in Table 1, the Subject Property shall contain an existing business that satisfies all of the
criteria enumerated below:
(1) Is a local tax revenue generating business, a retail mall, or a local taxable
consumer goods retail district that is regional in nature and is able to reasonably
demonstrate regional draw of consumers from neighboring cities and counties
and competitiveness in the region; and
(2) Is able to demonstrate annual gross taxable sales average of at least $5,000,000
(five million); and
(3) Is able to demonstrate making physical improvements to the property and onsite
improvement within the three-year period prior to submitting an application to the
CITY and a budgeted improvement plan for a minimum of a five (5) year period
following final building approval; and
(4) Is able to demonstrate an on-going business plan and a budget that include a
marketing plan reaching out to customers in neighboring cities and counties for
the three (3) year period prior to submitting an application to the CITY and a
budgeted marketing plan for a minimum of a five (5) year period following final
building approval; and
(5) Has been continuously open to the public with reportable tax revenue for the five
(5) year period prior to submitting an application to the CITY; and
(6) Employs a minimum 20 percent (20%) of its employees who reside in Santa Ana;
and
(7) In receipt of a preliminary approval letter of conformance from Caltrans for an off-
premise sign; and
(8) Retain no less than thirty percent (30%) of time slots within and advertising cycle
for advertising of the business and products available on the property; and
(9) The applicant and business operator and the CITY shall enter into a Billboard
Operating Agreement as set forth in Section 41-1113 of this Chapter.
4
For new digital billboards signs to be considered for a reduction in or exemption from the
required removal ratios as outlined in Table 1, the Subject Property shall satisfy all of the
criteria enumerated below:
(1) Propose in conjunction with the development of a new or an existing tax
revenue generating business, a retail mall, or a local taxable consumer goods
retail district that is regional in nature and is able to reasonably demonstrate
regional draw of consumers from neighboring cities and counties and
competitiveness in the region, or is an established business with a national
presence having at least fifty (50) or more locations nationally demonstrating
the following economic benefits:
a. Projected annual gross taxable revenue average of at least $5,000,000
(five million); and
b. Commit to employing at least forty (40) full-time employees, of which a
minimum 20 percent (20%) of its employees who reside in Santa Ana;
and
(2) Retain no less than thirty percent (30%) of time slots within advertising cycle
for advertising of the business and products available on the Subject
Property; and
(3) In receipt of a preliminary approval letter of conformance from Caltrans for an
off-premise sign; and
(4) The applicant and business operator and the CITY shall enter into a Billboard
Operating Agreement as set forth in Section 41-1113 of this Chapter.
2. Effect of City Regulations on Development of Project.
Except as expressly provided in this AGREEMENT, all substantive and procedural
requirements and provisions contained in CITY’s ordinances, specific plans, design
guidelines, rules and regulations, including, but not limited to zoning and building codes
and approved billboard designs on file with the Planning and Building Agency, in effect
as of the effective date of this AGREEMENT, shall apply to the construction and
development of the Subject Property.
3. Operating Requirements
The following covenants shall run with the sites until such time as the billboards are
removed from the sites:
A. Covenants Regarding Operation and Maintenance. OPERATOR shall operate and
maintain the billboards in good working order and in accordance with all applicable laws,
including without limitation, the California Outdoor Advertising Act (California Business
and Professions Code Section 5200, et seq.) and California Department of
Transportation regulations and specifications adopted pursuant thereto (Title 4 California
Code of Regulations, Section 2240, et. seq.).
B. Maintenance. OPERATOR shall, at OPERATOR’s sole cost and expense, maintain and
repair or cause to be maintained and repaired the billboards and any and all security
lighting or appliances installed in accordance with any entitlements and building permits
issued by the CITY and any and all other applicable laws. The billboards and the sites
5
shall be kept free from the accumulation of debris and waste materials. All exterior
painted surfaces shall be maintained at all times in a clean and presentable manner, free
from chipping, cracking, peeling and defacing marks. All broken lights shall be
immediately repaired in order to prevent hazardous conditions and/or invitation for
trespassers and malicious mischief. Except during periods of construction, no lumber,
trash, discarded equipment or other debris shall be stored in areas visible from the
street.
C. Graffiti Removal. All graffiti and defacement of any type, including marks, words and
pictures must be removed and any necessary painting or repair completed within 24
hours of the OPERATOR becoming aware of the graffiti or the CITY reporting the graffiti
to the OPEARTOR.
D.Design of potential graffiti-attracting surfaces. OPERATOR shall design the billboards and
all associated structures visible from any public or quasi-public place is such a manner to
consider prevention of graffiti in accordance with the Santa Ana Municipal Code section
41-638.2(b) as the same may be amended from time-to-time hereafter.
E. Non-Operation and Removal. OPERATOR shall promptly repair the billboards in the
event of damage, defect or other cause so as to maintain operations in accordance with
this AGREEMENT. In the event that OPERATOR anticipates that a repair will require
more than 30 days to complete, OPERATOR shall notify City in writing of the anticipated
schedule and the cause of the delayed repair.
4. Operating Fee Rates for Billboards; Payment.
OPERATOR shall pay billboard operating fees to CITY as follows:
A.OPERATOR shall pay CITY an annual operating fee, which shall be the greater of the
Revenue Share generated from the Advertising Inventory or the minimum annual
guarantee (“MAG”). The Revenue Share is defined as 30 percent of the Net Advertising
Revenue. Net Advertising Revenue is defined as gross revenue received from the sale
of Advertising Inventory, less bad debt only (not to exceed two percent of gross
revenue). The minimum annual fee shall be no less than $90,000 per face of the digital
billboard being constructed, subject to three percent increases annually on the
anniversary month of the Commencement Date.
B. The annual operating fee shall be paid in equal monthly installments (the “Monthly
Operating Fee”), due on the first day of the month in which the Commencement Date
occurs. When the first day of the month falls on a City Holiday or City Hall Closure Day,
then the reporting/remittance date shall fall on the next City business day following. The
Monthly Operating Fee shall be acknowledged and agreed by CITY to be paid timely if
paid on said date. When reporting/remitting is made by mail, the postmark date shall
serve as proof of timely reporting/remittance.
C.OPERATOR shall not add any ancillary use to the new digital billboard and shall not
derive any ancillary revenue from the Subject Property other than advertising revenue
unless agreed to in writing and approved by the City. Any approved ancillary revenue
shall be referred to as Approved Ancillary Revenue. The terms of any Approved Ancillary
6
Revenue shall be mutually agreed on by CITY and OPERATOR by a separate writing,
provided that the revenue share for Approved Ancillary Revenue shall not be less than
30 percent of gross ancillary revenue received less bad debt only (not to exceed two
percent of gross ancillary revenue).
D. The “Commencement Date” is the day that all of the following are true: (i) OPERATOR
has obtained all Development Approvals, (ii) the billboard is fully constructed and
operational and has electrical power from a permanent source, and (iii) the billboard has
passed the City’s final inspection. The Monthly Operating Fee shall be paid to CITY on
the first day of the month that it is due. If the Commencement Date is other than the first
day of a month, the first monthly payment of the Monthly Operating Fee shall be due on
the first day of the month after the Commencement Date occurred.
5. Remittance and Reporting.
Beginning as set forth above and annually thereafter, OPERATOR shall report and remit
payment to CITY of the applicable billboard operating fees set forth in Section 4 of this
AGREEMENT.
On a twice-yearly basis, OPERATOR shall provide to the City advertising revenue reports
(the “Advertising Reports” for all advertising sales at the Subject Property. Reports shall
include gross revenue collected, advertisers, advertising rates, and occupancy rates for the
preceding period.
OPERATOR shall maintain or cause to be maintained adequate accounting systems and
controls to insure that all gross revenue is recorded. OPERATOR shall keep or cause to be
kept true and accurate books and records for a period of seven years after end of the Term
as defined in Section 8 and all business transactions related to the Subject Property, and
City shall have the right, through its representatives and at all reasonable times, upon at
least 7 days’ prior written notice to OPERATOR, to inspect such books and records. If such
books and records are not kept and maintained within a radius of 50 miles from the main
office of the City, upon request of City, OPERATOR shall make such books and records
available to City for inspection and audit at a location within that radius or OPERATOR shall
pay to City the reasonable and actual costs incurred by City in inspecting and auditing such
books and records, including but not limited to travel, lodging and subsistence costs.
6. Past due date – Past due penalty; Late interest.
A. Any OPERATOR entity or individual who fails to pay the billboard operating fees
required by this AGREEMENT when due shall be subject to past due penalties and
interest as set forth herein.
i.OPERATOR shall be considered past due if the required yearly operating agreement
fee is not paid by the last day of the month following the month for which it is due.
ii. For failure to fully pay any monthly fee when due, the following past due penalty and
late interest charges shall be added to the unpaid balance amount owing:
1) A past due penalty of Ten Percent (10%) per month;
7
2) A late interest charge of One and One Half Percent (1.5%) per month added to
the unpaid balance amount owing, inclusive of any prior past due penalty or late
interest charges accrued.
B.CITY is not required to send a past due notice or other bill or invoice to OPERATOR, or
any other person subject to the provisions of this AGREEMENT, and failure to send
such notice, bill or invoice shall not affect the validity of any operating fee, late penalty or
late interest charge due under the provisions of this AGREEMENT.
7. Requirements for All Digital Billboards.
A. Civic Promotions. OPERATOR agrees to provide free advertising time on the Digital
Billboard to City for the promotion of community events, tourism activity and events, and
other civic interests of the City.
i. Amount of Advertising Time for Civic Promotions. Following the Commencement
Date, OPERATOR shall permit City to use a minimum of 5% of the advertising inventory,
up to one (1) spot in a standard eight (8) spot rotation on the Digital Billboard, for the
entire Term of the AGREEMENT for civic promotions and public service
announcements as supplied by CITY, without charge for advertising space (the “Free
Advertising Space”). OPERATOR shall provide the Free Advertising Space evenly
across all days and day parts. The foregoing obligation of OPERATOR to provide Free
Advertising Space to City for Civic Promotions shall be and remain in effect only during
those periods OPERATOR is operating the Digital Billboard with electronic/digital
technology. In the event OPERATOR removes or is unable to operate the Digital
Billboard for any reason, OPERATOR’S obligation to provide Free Advertising Apace to
City for any reason shall be suspended for the period of time it is not operating the
Digital Billboard.
ii. Process for City Requests to Utilize Advertising Space for Civic Promotions. City shall
be responsible for providing OPERATOR with its Civic Promotions, which may be
updated by City at any time, and for any costs associated with providing OPERATOR
with associated artwork in acceptable format. City shall notify Operator at least thirty (30)
days before the proposed display date of a Civic Promotion. City must submit “camera
ready art” utilizing formats and protocols acceptable to OPERATOR. All copy shall be
submitted to OPERATOR at least ten (10) business days in advance.
iii. Limitations on City. City shall not charge for, or exchange goods or services for, any
advertising space on the Digital Billboard provided by OPERATOR to City pursuant to
this AGREEMENT; provided, however, that this limitation shall not be construed to
prevent City from entering into agreements to promote properties within the City in
conjunction with its tourism promotion activities, so long as City does not sell advertising
for profit. In addition, it is expressly understood and agreed that Civic Promotions may
not include any names, logos, marks, products, or services associated with any
commercial entity, any campaign for public office in the City, or any third party non-
governmental person or entity that is not located in, sponsored by or affiliated with the
City. The forgoing limitation shall not be construed to prohibit the display of names,
logos, or marks of organizations associated with City events or activities.
8
B. Public Safety Announcements. OPERATOR shall utilize the advertising space on the
Digital Billboards for regional emergency announcements and alerts, including but not
limited to Amber Alerts and “wanted” criminal postings from law enforcement, without
charge, as reasonably requested by the City of Santa Ana, in accordance with applicable
local, regional, and/or state protocols.
C. Unacceptable Content. OPERATOR agrees not to utilize the Digital Billboard to
advertise tobacco products, adult entertainment businesses, as defined in the Santa Ana
Municipal Code, conferences/conventions for any of the foregoing prohibited uses,
sexually explicit messages, or any violent, hate, or other obscene messaging.
8. Term.
This AGREEMENT shall continue in full force and effect for a fifteen (15) year period
commencing on the Commencement Date (“Term”). OPERATOR may notify City up to
twelve months prior to the expiration date of this AGREEMENT of its desire to extend the
term of this AGREEMENT, and City and OPERATOR shall enter into negotiations and may
agree to extend the term of this AGREEMENT pursuant to a mutual agreement in writing
upon terms acceptable to both parties. Following termination or expiration of this
AGREEMENT and provided no extension of this AGREEMENT is agreed to, within ninety
(90) days after the date of the termination or expiration of this AGREEMENT, OPERATOR
shall, at its sole cost and expense, secure all required permits to, and shall, remove and
properly transport the billboard from the Subject Property, shall return the Subject Property
to its original condition, and shall not store any portion of the removed billboard on the
Subject Property or any other location within City's jurisdictional boundaries. The billboard
shall be deemed to have been satisfactorily removed for purposes of this Section 8 so long
as no remnants of the sign structures remain visible above ground, all utilities are capped,
and the site is graded, secured, landscaped, and irrigated to a condition satisfactory to
CITY. If CITY is required to exercise its rights under this AGREEMENT due to
OPERATOR’S failure to remove the billboard, then CITY shall be entitled to be reimbursed
by OPERATOR any and all direct expenses incurred by CITY in exercising its rights under
this subsection within no more than ten (10) days following CITY’s delivery of an invoice
demanding payment for such expenses. Any such removal of the billboard by City shall not
entitle OPERATOR to any damages of any kind whatsoever against CITY or its agents, and
OPERATOR hereby releases and holds all City Parties harmless from indemnified claims
and liabilities for any action by any of the City Parties in removing the billboard. OPERATOR
hereby consents to CITY’s entry onto the site to accomplish such removal.
9. Business License Required.
A valid City of Santa Ana Business License is required for all entities engaged in
operating digital billboards in the City of Santa Ana. It is unlawful for any person or legal
entity to display advertising on a billboard in the City of Santa Ana without first having
procured a City of Santa Ana business license.
10. Regulation by other Public Agencies.
It is acknowledged by the Parties that other public agencies not subject to control by the
City, including, but not limited to, Caltrans, may possess authority to regulate aspects of the
digital billboard as contemplated herein, and this AGREEMENT does not limit the authority
9
of any of those other public agencies. OPERATOR acknowledges and represents, in
addition to City's regulations, OPERATOR shall, at all times, comply with all applicable
Federal, State, local, and other public agency laws and regulations applicable to the
billboard. To the extent any such other public agency or agencies preclude development or
maintenance of the billboard, OPERATOR shall have the right to terminate this
AGREEMENT by delivery to City of notice of termination, along with evidence reasonably
satisfactory to City that the development and/or maintenance of the billboard has been
precluded by another agency or agencies. Upon delivery of such evidence and notice of
termination to the City, this AGREEMENT shall be deemed terminated and OPERATOR
shall not be further obligated under this AGREEMENT; provided, however, that such
termination shall not affect the OPERATOR’S obligation to pay any Development Review or
Impact Fees that have already accrued, to indemnify and defend the City and any of its
agents or consultants acting on its behalf for any Indemnified Claims and Liabilities pursuant
to Section 11, and/or to remove the billboards from the site in accordance with Section 8 of
this AGREEMENT, if applicable.
11. OPERATOR Indemnification of City.
A.OPERATOR will defend, indemnify and hold harmless CITY from any claims,
damages, injuries, or liabilities of any kind whatsoever sustained or incurred by CITY
resulting from this AGREEMENT, or OPERATOR’s performance and/or breach of
this AGREEMENT.
B.OPERATOR agrees to defend, at its sole expense, any action against CITY, its
agents or consultants, officers, and employees related to this AGREEMENT.
OPERATOR agrees to indemnify and reimburse CITY for any court costs and
attorney fees that CITY may be required to pay as a result of any legal challenge
related to this AGREEMENT and/or CITY’s approval of a Billboard Permit or
Conditional Use Permit. CITY may, at its sole discretion, participate at its own
expense in the defense of any such action, but such participation shall not relieve the
OPERATOR of its obligation hereunder.
12. Annual Review
During the term of this AGREEMENT, CITY shall annually review the extent of good faith
compliance by OPERATOR with the terms of this AGREEMENT. OPERATOR shall file an
annual report with the CITY containing detailed information regarding compliance with the
terms of this AGREEMENT no later than March 15 of each calendar year.
13. Default and Termination for Cause.
This AGREEMENT may be terminated, for good cause, by City or OPERATOR if either
gives the other Party written notice of default and if that default is not corrected (i) on or
before ten (10) days after receipt of the notice for non-payment of any amount due or (ii)
within thirty (30) days after receipt of the notice for any other default (except in connection
with a default which cannot be remedied or cured within said 30-day period, in which event
said 30-day period shall be extended for such time as shall be deemed mutually agreeable
by City and OPERATOR necessary to cure the same, but only if the defaulting Party, within
such 30-day period, shall promptly commence and thereafter proceed diligently and
continuously to cure such default. In no event shall the period be extended beyond 90
days.).
10
If this AGREEMENT terminates due to non-performance by OPERATOR, then (i) any
remaining unpaid Monthly Operating Fee that was due for any period before the date of that
termination shall be immediately due and payable to City and (ii) OPERATOR at its sole
cost, shall immediately remove the billboard and visible supporting equipment installed
pursuant to this AGREEMENT and shall return the site to an acceptable condition wherein
the billboard and its accompanying equipment and improvements are removed, and the site
is graded, landscaped, irrigated, and secured; provided, that if OPERATOR fails to remove
any of the billboard within ninety (90) days after this AGREEMENT is terminated pursuant to
this subsection, then City shall be entitled to remove the remaining billboard and dispose of
same. If City is required to exercise its rights under this AGREEMENT due to OPERATOR’S
failure to remove the billboard, then City shall be entitled to be reimbursed by OPERATOR
any and all direct expenses incurred by City in exercising its rights under this subsection
within no more than ten (10) days following City's delivery of an invoice demanding payment
for such expenses. Any such removal of the billboard by City shall not entitle OPERATOR to
any damages of any kind whatsoever against any or all City Parties, and OPERATOR
hereby releases and holds all City Parties harmless from indemnified claims and liabilities
for any action by any of the City Parties in removing the billboard. OPERATOR hereby
consents to City's entry onto the site to accomplish such removal.
14. Termination Without Cause.
This AGREEMENT may be terminated for convenience by the City upon twelve (12)
months written notice of termination, provided that such termination cannot occur within the
initial ten (10) years from the Commencement Date. In such event, City shall be entitled to
receive, and the OPERATOR shall pay City, compensation for all Monthly Operating Fees
due to the City up to the termination date.
If this AGREEMENT terminates due to non-performance by OPERATOR, then (i) any
remaining unpaid Monthly Operating Fee that was due for any period before the date of that
termination shall be immediately due and payable to City and (ii) OPERATOR at its sole
cost, shall immediately remove the billboard and visible supporting equipment installed
pursuant to this AGREEMENT and shall return the site to an acceptable condition wherein
the billboard and its accompanying equipment and improvements are removed, and the site
is graded, landscaped, irrigated, and secured; provided, that if OPERATOR fails to remove
any of the billboard within ninety (90) days after this AGREEMENT is terminated pursuant to
this subsection, then City shall be entitled to remove the remaining billboard and dispose of
same. If City is required to exercise its rights under this AGREEMENT due to OPERATOR’S
failure to remove the billboard, then City shall be entitled to be reimbursed by OPERATOR
any and all direct expenses incurred by City in exercising its rights under this subsection
within no more than ten (10) days following City's delivery of an invoice demanding payment
for such expenses. Any such removal of the billboard by City shall not entitle OPERATOR to
any damages of any kind whatsoever against any or all City Parties, and OPERATOR
hereby releases and holds all City Parties harmless from indemnified claims and liabilities
for any action by any of the City Parties in removing the billboard. OPERATOR hereby
consents to City's entry onto the site to accomplish such removal.
15. Termination - Effect on Prior Obligations.
Upon any termination of this AGREEMENT, OPERATOR’s obligation to remit operating
agreement fees due and payable under the terms of this AGREEMENT for operation of a
11
billboard prior to termination of this AGREEMENT shall continue to be in effect. Past due
penalties and late interest charges shall continue to accrue and be applicable until all
operating fees due under this AGREEMENT are paid in full. OPERATOR’s liability for any
remaining unpaid past due penalties and/or late interest charges shall continue until fully
satisfied.
16. Reimbursement Clause.
In consideration of the time and costs incurred by CITY in the drafting and
implementation of this AGREEMENT, OPERATOR agrees to pay $2,500.00 to CITY within
thirty (30) days of execution of this AGREEMENT.
17. Attorney Fees and Costs.
In any action or proceeding between CITY and OPERATOR brought to interpret or
enforce this AGREEMENT, or which in any way arises out of the existence of this
AGREEMENT or is based upon any term or provision contained herein, the prevailing party
in such action or proceeding shall be entitled to recover from the non-prevailing party, in
addition to all other relief to which the prevailing party may be entitled pursuant to this
AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs. Fees
and costs recoverable pursuant to this Section 17 include those incurred during any appeal
from an underlying judgment and in the enforcement of any judgment rendered in any such
action or proceeding.
18. Notice.
Any notice, tender, demand, delivery, or other communication pursuant to this
AGREEMENT shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or sent by fax or other
telegraphic communication in the manner provided in this section, to the following persons:
To CITY: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714-647-6956
Copies to: Executive Director – Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702-1988
Fax 714-973-1461
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
12
P.O. Box 1988
Santa Ana, California 92702-1988
Fax 714-647-6515
To OPERATOR: ___________________________
___________________________
___________________________
___________________________
___________________________
A party may change its address by giving signed notice in writing to the other party.
Thereafter, any communication shall be addressed and transmitted to the new address. If
sent by mail, communication shall be effective or deemed to have been given three (3)
business days after it has been deposited in the United States mail, duly registered or
certified, with postage prepaid, and addressed as set forth above. If sent by fax or email
document attachment, communication shall be effective or deemed to have been given
twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays, or City Hall closure
dates shall be excluded.
19. Exclusivity and Amendment.
This AGREEMENT represents the complete and exclusive statement between CITY and
OPERATOR for the applicable Subject Property identified on page one of this agreement,
and supersedes any and all other agreements, oral or written, between the parties. This
AGREEMENT may not be modified except by written instrument signed by CITY and by an
authorized representative of OPERATOR. Each party to this AGREEMENT acknowledges
that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied
herein.
20. Assignment.
OPERATOR may not assign or transfer any interest herein without the prior written
consent of CITY, and any such assignment or transfer without CITY's prior written consent
shall be considered null and void.
21. Discrimination.
OPERATOR shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and
prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities. OPERATOR affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local labor laws
and regulations.
22. Jurisdiction-Venue.
This AGREEMENT has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this
13
AGREEMENT shall be determined and governed by the laws of the State of California.
Both parties further agree that Orange County, California, shall be the venue for any action
or proceeding that may be brought or arise out of this AGREEMENT.
23. Severability.
If any part of this AGREEMENT is found to conflict with applicable local, state, or
federal laws or regulations, such part shall be inoperative, null and void insofar as it conflicts
with said laws or regulations, or may be modified or suspended as may be necessary to
comply with any local, state, or federal law or regulation, but the remainder of the
AGREEMENT shall continue in full force and effect.
24. Counterparts.
This AGREEMENT may be executed in counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument. The
execution of this AGREEMENT may be by actual, facsimile or electronic signature.
25. Authority to Bind.
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
AGREEMENT, and shall indemnify CITY fully, including reasonable costs and attorney’s
fees, for any injuries or damages to CITY in the event that such authority or power is not, in
fact, held by the signatory or is withdrawn.
//
//
//
{Signature page follows}
14
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the date and year
first above written.
ATTEST: CITY OF SANTA ANA
________________________ ________________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM: OPERATOR
SONIA R. CARVALHO LEGAL
City Attorney NAME: __________________________
SIGNATORY
By: _______________________ NAME: ___________________________
John M. Funk
Chief Assistant City Attorney TITLE: ___________________________
TAXPAYER ID: _____________________
RECOMMENDED FOR APPROVAL:
_________________________________
Executive Director
Planning & Building Agency
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA.
The City of Santa Ana encourages the public to participate in the decision-making process.
The following notice is being provided so that you can ask questions, make comments and
stay informed about projects that might be important to you. We encourage you to contact
us prior to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing
to receive public testimony and will take action on the item described below.
Proposed Action: Approve Zoning Ordinance Amendment No. 2022-01 to repeal Article XII (Off-
Premise Commercial Advertising Signs) of Chapter 41 (Zoning) of the Santa Ana Municipal Code
(SAMC) and adopt a new ordinance that would allow the construction of new digital billboards and
reconstruction of existing billboards with digital displays, subject to certain location and development
standards.
Environmental Impact: In accordance with the California Environmental Quality Act (CEQA), a
Mitigated Negative Declaration (MND) including one technical study evaluating air quality and
greenhouse gas, was prepared for the project. No areas of significance or unavoidable impacts were
determined to occur from the construction or operation of the proposed project with the
implementation of mitigation measures. The MND was available for public review and comment for
30 days as required by CEQA between March 7 and April 6, 2022. One comment was received from
the City of Orange. A written response to the comment were prepared and incorporated into the
environmental document. The project requires adoption of a Mitigation Monitoring and Reporting
Program (MMRP), which will reduce all identified impacts to less than significant with implementation
of the MMRP. Based on the environmental checklist form completed for the proposed project and
supporting environmental analysis, the project would have no impact or a less than significant impact
on the following environmental issue areas: Aesthetics, Agriculture and Forestry Resources, Air
Quality, Biological Resources, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality,
Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services,
Recreation, Transportation, Utilities and Service Systems, and Wildfire. The proposed project’s
impacts on the following issue areas would be less than significant with the implementation of
mitigation: Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural
Resources. All impacts would be less than significant after mitigation.
Meeting Time and Date – This matter will be heard on Tuesday, June 21, 2022 at 5:45 p.m.
or thereafter in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92702. All
interested persons can refer to the following link on the date of the meeting for more information and
instruction for participating in the meeting www.santa-ana.org/cc/city-meetings.
How To Make Comments - If you do not wish to appear at the public hearing, you may also
send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center
Plaza – M30, Santa Ana, CA 92701 or via e-mail at ecomments@santa-ana.org (reference “City
Council meeting”) by 12:00 p.m. on Monday, the day before the meeting; e-mails received after said
time will be on file for public viewing the day after the meeting.
Who To Contact For Questions - Should you have any questions, please contact the Planning
and Building Agency at (714) 667-2705 or you can send an email to ecomments@santa-ana.org.
Where To Get More Information - All staff reports regarding any item on this agenda are
available for public inspection in the Clerk of the Council Office during regular business hours and
posted on the City’s website the Tuesday before a Council meeting at: www.santa-ana.org/cc/city-
meetings.
Si tiene preguntas en español, favor de llamar al (714) 647-6520.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
If you challenge the decision on the above matter, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public
hearing.
Daisy Gomez,
Clerk of the Council
Publish Orange County Reporter - Legals Section;
Date: June 10, 2022