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HomeMy WebLinkAboutNS-1204ORDINANCE NS-1204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROHIBITING THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF OFF- PREMISE SIGNS WITHIN THE CITY LIMITS OF THE CITY OF SANTA ANA FOR A NINETY DAY PERIOD WHEREAS, Section 41-659 of the Santa Ana Municipal Code provides that the City Council of the City of Santa Ana may on its own motion initiate proceedings to amend the use district regulations contained in said Santa Ana Municipal Code; and WHEREAS, the City Council has by prior ordinance evidenced its concern with and intent to regulate the proliferation of advertising signs and billboards pertaining to the advertisement of businesses and products not conducted or sold on the premises on which said signs and billboards are displayed; and WHEREAS, there is presently pending for action by the Planning Commission of the City of Santa Ana and by the City Council of the City of Santa Ana a proposed ordinance, which if enacted as proposed, would further restrict the future con- struction of such off-premise signs and billboards in all use districts where such signs and billboards are presently permitted by imposing the requirements that all such construction be pursuant to the issuance of conditional use permits; and WHEREAS, if the proposed ordinance is enacted, the issuance of a building permit for the construction of an off-premise advertising sign, in the absence of a conditional use permit therefor, will be illegal; and WHEREAS, the City Council desires that the status quo be preserved pending the determination by the Planning Commission and by the City Council of whether the imposition of a conditional use permit requirement upon the construction of such off-premise advertising signs and billboards would be in the interest of the public necessity, convenience, and general welfare; and WHEREAS, the City Council anticipates that upon the fact becoming public knowledge, the Planning Commission and the City Council are considering the proposed ordinance, and in the absence of any restriction upon the issuance of building permits for the construction of off-premise advertising signs, there is likely to occur a massive and hurried effort on the part of persons desiring to construct such signs prior to the possible enactment of said ordinance, such as would not occur if the ordinance were not pending; and WHEREAS, for the above reasons there exists an urgent necessity that the issuance of building permits for the construc- tion of off-premise advertising signs be suspended for a reasonable period in which the Planning Commission and the City Council may consider the proposed ordinance and determine whether its enactment is in the public interest; and WHEREAS, the City Council has adopted Resolution 74-43 initiating proceedings to amend the Santa Ana Municipal Code to require conditional use permits for construction of all off-premise advertising signs and prohibiting the issuance of permits for such construction during the pendency of such amendment. ORDINANCE NS-1204 PAGE TWO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That the Department of Building Safety of the City of Santa Ana shall not issue any permits for the construction of any sign or billboard designed to advertise a product, event, person, or subject not related to the lot upon which such sign is located for a period to terminate upon the effective date of the amending ordinance requiring that such construction be allowed only with the approval of a conditional use permit or for a period of ninety (90) days from the initial effective date of this ordinance, whichever occurs first. SECTION 2. The enactment of this ordinance is hereby found by the City Council to be justified by the public necessity, convenience and general welfare. SECTION 3. This ordinance shall take effect as an urgency measure immediately upon its adoption. The City Council declares that it is necessary to the public peace, health, safety and welfare that this ordinance be adopted as an emergency measure. The facts constituting the emergency are: that there is presently pending for action by the Planning Commission of the City of Santa Ana and by the City Council of the City of Santa Ana a proposed ordinance, which if enacted as proposed, would further restrict the future construction of off-premise signs and bill- boards in all use districts where such signs and billboards are presently permitted by imposing the requirement that all such construction be pursuant to the issuance of conditional use permits, and that if the proposed ordinance is enacted, the issuance of a building permit for the construction of an off- premise advertising sign, in the absence of a conditional use permit therefor, will be illegal, and that the City Council desires that the status quo be preserved pending the determination by the Planning Commission and by the City Council of whether the imposition of a conditional use permit requirement upon the construction of such off-premise advertising signs and bill- boards would be in the interest of the public necessity, con- venience, and general welfare, and that the City Council antici- pates that upon the fact becoming public knowledge that the Planning Commission and the City Council are considering the proposed ordinance, and in the absence of any restriction upon the issuance of building permits for the construction of off- premise advertising signs, there is likely to occur a massive and hurried effort on the part of persons desiring to construct such signs prior to the possible enactment of said ordinance, such as would not occur if said ordinance were not pending, and that there has in fact occurred a hurried effort on the part of certain advertising sign concerns to make application for the construction of off-premise advertising signs as a result of the commencement of proceedings by the Planning Commission of the City of Santa Ana to enact an ordinance requiring a conditional use permit for such signs, such as would not have occurred if the said ordinance were not pending. ORDINANCE NS-1204 PAGE THREE SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion 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, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. PASSED AND ADOPTED by the City Council of the City of Santa Ana as an emergency measure at its regular meeting held on the 1st day of April , 1974. FURTHER PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 15th of April , 1974. day ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I ara the Clerk of the Council of the City of Santa Ana, that the fore- goingcOrdinance was introduced to said Council at its regular meeting held on the 1st day of April , 1974, and was at said meeting passed and adopted as an emergency measure by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: Griset, Ward, Garthe, Yamamoto, Patterson COUNCILMEN: Evans, Markel COUNCILMEN: None CLERK OF THE COUNCIL ORDINANCE NS-1204 PAGE FOUR I, further certify that the foregoing Ordinance was intro- duced to said Council at its regular meeting held on the lSt! day of April , 1974, and was again considered by said Council at its regular meeting held on the 15th day of April , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: Griset, Ward, Garthe, Yamamoto, Patterson COUNCILMEN: Evans, Markel COUNCILMEN: None CLERK OF THE COUNCIL