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HomeMy WebLinkAboutNS-1721REL:ar 8/26/83 ,,/~/~ ORDINANCE NO. NS-1721 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XI, CONSISTING OF SECTIONS 41-850 THROUGH 41-1009, TO CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE, AMENDING SECTIONS 41-444, 41-507, AND 41-619.13, THEREOF, AND REPEALING SECTIONS 41-346, 41-429, 41-578, AND 41-619 THROUGH 41-619.12 THEREOF, TO REVISE THE ZONING REGULATIONS PERTAINING TO ON-RREMISE ADVERTISING SIGNS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding an Article, to be numbered XI, to Chapter 41 thereof, which said Article consists of sections numbered 41-850 through 41-1010 and reads as follows: ARTICLE XI. ON-PREMISE SIGNS DIVISION 1. GENERAL PROVISIONS Sec. 41-850. Purpose The purpose of this Article is to establish a system for the control of the size, location, type, and 'number of signs located on private property in the City of Santa Ana according to reasonable and non-discriminatory standards. Such regulation is deemed necessary to enhance the quality of the visual environment, thereby promotin~ commerce, improving coramunity identity, conservin~ property, values, improving traffic safety and promoting the health, safety and general welfare of the people. ORDINANCE NO. NS- 1721 PAGE TWO Sec. 41-851. Scope (a) This Article applies to all signs and advertising displays except those excluded from the scope of this Article by subsection (b) of this section. (b) This article does not apply to signs and adver- tising displays of the following types and descriptions: (1) Any billboard or other outdoor advertising sign pertaining to a business or product not conducted or sold on the lot upon which said sign is located. ~ (2) Any sign located in the public right-of-way or on property owned or controlled by a public entity. (3) Any sign located within a building or en- closed area and designed to be viewed primarily by persons inside of such building or enclosed area. (4) Any sign advertising a religious, charitable, educational or cultural event, provided such sign does not exceed six square feet in area and is not displayed earlier than 45 days prior to such event nor later than seven days after such event. (5) Any sign pertaining to an election, provided such sign is not displayed earlier than 45 days prior to such election nor later than seven days after such election, and provided, further, that , if located in a residential area, such sign does not exceed six square feet in area. (6) Any memorial sign installed by a bona fide historical society. (7) Any sign on a vehicle or other mobile unit, unless such vehicle or mobile unit is parked or stationed near a business activity advertised or identified by the sign on a regular basis and for the primary purpose of attracting public attention to such business activity, and the vehicle or mobile unit is not otherwise regularly used in the course of business of such business activity. (8) Any sign standing in a window or taped or otherwise affixed to a window in such a manner as to be easily removed, provided that the total area of all such signs in any one window does not exceed twenty-five percent (25%) of the area of such window. ORDINANCE NO. NS- 1721 PAGE THREE (9) Any sign providing traffic or parking information to motorists entering into or traveling in a privately-owned parking area or providing direction to pedestrians walk'ing on the site of a business activity and, except for signs reading "entrance" or "exit" only, having no significant purpose or effect of attracting the attention of motorists or pedestrians moving or located outside of the site on which the sign is located, provided such sign does not exceed four feet in height. (10) Any sign or advertising display which con- stitutes traditional decOration for a holiday, provided such sign or advertising display is not displayed earlier than 45 days pri~r to such holiday nor later than seven days after such holiday. DIVISION 2. DEFINITIONS Sec. 41-860. General. The words and phrases used in this Article sharll be construed as defined in this Division, unlesB the context clearly requires otherwise. Unless a different definition is set forth in this Division, or elsewher~ in this Article, the definitions set forth in other provisions of this Code shall likewise apply to this Article. Sec. 41-861. Advertising display. "Advertising display" means a display consisting of pennants, banners, festoons, flags, balloons, strings of lights, or similar items, designed to attract the attention of the public to a business activity. Sec. 41-862. Alter. "Alter" means to change the copy, color, size, shape, illumination, position, location, construction or supporting structure of a si~n, but does not include ordinary maintenance. Sec. 41-863. Awning. "Awning" means a temporary shelter composed of non- rigid material on a supporting framework, affixed to the exterior wall of a building.. ORDINANCE NO. NS- 1721 PAGE FOUR Sec. 41-864. Business activity. "Business activity" means an enterpris~ offering goods, services, or o~her consideration to the public, in legal occupancy of a site or of a specific portion of a site and under separate and distinct management from any other enter- prise located on the same site. Sec. 41-865. Canopy sign. "Canopy sign" means a sign affixed to any fixed, per- manent projection extending from a building wall to provide cover for a pedestrian walkway which is not part of the public right-of-way. Sec. 41-866. Freestanding sign. "Freestanding sign" means any sign supported directly from the ground without any attachment to a building. Sec. 41-867. Item of information. "Item of information" means a word, abbreviation, figure, logo or other symbolic representation. Sec. 41-868. Logo "Logo" means a design used to symbolically represent or identify a business activity. Sec. 41-869. Marquee "Marquee" means a fixed, permanent projection extending from a building wall over any part of a public right-of-way. Sec. 41-870. Projecting sign. "Projecting sign" means a sign affixed to a wall of a building and projecting more tha~n' twelve inches from such wall. Sec. 41-871. Sign. "Sign" means any medium, including its structure and component parts, which is used or intended to be used to attract the attention of the public for purposes of adver- tising or identifying a business activity or conveying any ORDINANCE NO. NS-1721 PAGE FIVE other message to the public, except that when used in Divi- sions 3 through 6 of this Article "sign" shall not include any sign excluded from the scope of this Article by section 41-851(b). Sec. 41-872. Sign area. ~ "Sign area" means: (a) When used with reference to a sign having one or more faces containing the items o.f information displayed on the sign: The area included within parallel vertical and horizontal lines encompassing the extremities of each face; provided, however, that with respect to any multiple-faced sign, only the maximum number of faces viewable from any one direction at one time shall be included in the determination of the area of the sign. (b) When used with reference to a sign consisting of physically distinct letters or other symbols: the sum of the areas of each such letter or symbol, each such area being that included within parallel vertical and horizontal lines encompassing the extremities of the letter or symbol. Sec. 41-873. Signable area. "Signable area" means the area of the largest rectang- ular portion of a face of a building, to which portion a sign is affixed Or proposed to be affixed, which can be included within parallel vertical and horizontal lines with- out being interrupted by significant architectural features of the building. Sec. 41-874. Site. "Site" means a unit of land, together with all improve- ments thereon, determined as follows: (a) Except for land subject to paragraph (b) herein- below, any unit of land which may be con~yed separately from any and all adjacent land without the requirement of approval of a tentative map pursuant to the Subdivision Map Act and Chapter 34 of this Code; (b) Ail the land used development to which one of applies: for a~y existing or proposed the following descriptions ORDINANCE NO. NS- 1721 PAGE SIX (1) TWO or more buildings or business activities are or will be related to each other physically or architecturally, such as by sharing off-street parking facilities, so as to form an integrated development, such as a shopping center, industrial park or office complex. (2) Units of real estate are being offered for sale, lease, or rent on a first-time basis. Sec. 41-875. Special event sign or display. "Special' event sign or display" means signs or adver- tising displays or combination thereof which advertise.or attract public attention to the opening of a building dr business activity, the sale of goods or services at diS- counted or otherwise specially advantageous prices, or similar special event; but excluding signs pertaining to the sale, lease or rental of real estate. Sec. 41-876. Wall sign. "Wall sign" means any sign attached to, erected against, or painted on a wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of such wall. Sec. DIVISION 3. PENAL PROVISIONS 41-880. Permit requirement. Except as otherwise provided in this Article, no person shall place, paint, erect, move, reconstruct, alter or dis- play any sign structure, or allow the same to be done on property occupied or controlled by such person, except in accordance with a permit issued for such sign pursuant to Division 4 of this Article or with a planned sign program approved pursuant, t9. Division 5 of this Article. ORDINANCE NO. Ns-l?21 PAGE SEVEN Sec. 41-881. Advertising displays. No person shalt install or maintain, or allow to be installed or maintained on property occupied by such person, any advertising display, except pursuant to either an approved planned sign program or a permit for a special event sign or display. Sec. 4t-882. Abandoned signs. No person shall allow any sign to remain on property owned, occupied or controlled by such person which adver- tises or identifies a business activity which has not been conducted on such property for a period of six months or more. Sec. 41-883. Maintenance of signs. No person shall allow any sign located on property owned, occupied or controlled by such person to remain in a condition of disrepair for a period of more than 30 days. For purposes of this section, a sign shall be deemed to be in a condition of disrepair if it is in need of replacement of defective or missing parts or in need of repainting or cleaning in order to be brought into a reasonably sightly and legible condition. Sec. 41-884. Dangerous signs. No person shall allow any sign to remain on property owned, occupied or controlled by such person which sign is in a condition which presents a danger of injury to the public. Sec. 41-885. New development real estate signs. (a) No person having control over a sign installed pursuant to section 41-1009(c) shall allow such sign to remain after the first time sale or lease of all the units of real estate advertised by such sign or after the expir- ation, without renewal, of the permit issued for such sign, whichever first occurs. ORDINANCE NO. NS-l?21 PAGE EIGHT (b) No person having control over a sign installed pursuant to section 41-1009(d) shall allow such sign to remain in plac~ between ~he hours of 7:00 a.m. and dusk, more than seven days in any thirty-day period. or Sec. 41-886~ Nuisance abatement. Any sign installed, altered, or maintained in violation of any provision of this Division constitutes a public nui- sance and is subject to abatement pursuant to Chapter 17 of this Code. DIVISION 4. SIGN PERMITS Sec. 41-890. Applications. Applications for sign permits shall be filed with the zoning administrator, on such forms as may be provided by him, and contain or be accompanied by the following in- formation: (1) A pictorial representation of, and other information about, the proposed sign, disclosing overall dimensions, dimensions of letters and figures, colors, materials, copy, and illumination or movement charac- teristics, if any. (2) A plan of the site on which the proposed sign is to be located showing the location of all existing or proposed signs subject to this Article, buildings, parking areas and vehicular access ways. (3) A description of ~the type and dimensions of all other existing or proposed signs on the site which are subject to this Article, relating each to the location shown on the site plan. (4) Such other information as the zoning adminis- trator deems appropriate to determine compliance with the provisions of this Article. Sec. 41-891. Determination by zoning administrator The zoning administrator shall review sign applications ORDINANCE NO. Ns-l?21 PAGE NINE and shall make a decision thereon within 21 calendar days after filing. If the proposed sign complies with this Article and with all other requirements of law, the sign permit shall be issued. If the proposed sign can be brought into such compliance by modifications, the permit shall be issued subject to conditions requiring such modifications. Otherwise, the application shall be denied. Sec. 41-892. Review by the planning commission. If the applicant is aggrieved by any determination by the zoning administrator of non-compliance of the proposed sign with the provisions of this Article, or in any case where the zoning administrator is uncertain whether or not a proposed sign complies with the provisions of this Article due to any ambiguity in such provisions, then either the applicant or the zoning administrator may request review by the planning commission. In such event, the time for deci- sion on the application shall be extended to allow for such review, and the decision of the planning commission shall be final. Sec. 41-893. Removal of temporary signs. In any case where a permit is issued for a sign or advertising display to be installed for a limited time only, the zoning administrator may require, as a condition of approval of the permit, that the applicant post a cash de- posit in amount of the estimated cost of removal of the sign, but not to exceed $500, refundable upon removal of the sign, and an agreement to permit the city to enter upon the sit~ and remove and dispose of the sign in the event such sign is not removed when required to be removed. DIVISION 5. PLANNED'SIGN PROGRAMS Sec. 41-895. General requirements. (a) No permit shall be issued for any sign on or appurtenant to any new development of a type specified in subsection (b) of this section, or to any other development for which a planned sign program has been applied for and ORDINANCE NO. NS- 1721 PAGE TEN approved, ~nless the proposed sign conforms to a planned sign program approved by the city in accordance with this Article. (b) new development which is characterized by one or more of following features: (1) The new development will have six or more signs. more than 200 A Planned sign program shall be required for any the The new deveiopment has a lineal dimension of feet on any side facing a public street. (3) The new development will consist of fiVe or more business activities.~ (4) The new development will be or include a building higher than three stories or 50 feet. a (5) The new development will be or include theater or a gasoline station. Sec. 41-896. Application. An application for an approved sign program may be filed only by, or with the written'consent of, the developer or owner of a new development or by, or with the written consent of, the owner of an already developed site. An application for a planned sign program shall be filed in the same manner as an application for a sign permit pursuant to section 41-890. In addition to the information required by that section, the application shall include pictorial representations of all faces of the development showing any existing or proposed signage and shall provide information on the colors, materials, letter and figure height, copy, and illumination and movement characteristics, if any, of every existing or proposed sign on or appurtenant to the subject development. If and when the application is approved, the drawings and documentation submitted with the application shall constitute the planned sign program for the development, together with any conditions imposed by the city at the time of approval. ORDINANCE NO. NS- 1721 PAGE ELEVEN Sec. 41-897. Standards of approval. (a) A planned sign program shall be approved if and only if it satisfies the following standards: (1) The signage, considered in the aggregate, is consistent with the spirit and intent of this Article. (2) Ail of the signs are harmonious and visually related to each other through the incorporation of common design elements. (3) The signs are architecturally integrated with the buildings to which they are appurtenant. (4) The signs do not adversely affect nearby land uses or obscure the view of other signs which conform to this Article. (b) A planned sign program as submitted by an appli- cant may be approved subject to conditions designed to bring it into compliance with the standards set forth in this section. No conditions unrelated to signage shall be imposed. Sec. 41-898. Procedures. Applications for planned sign programs shall be decided in the first instance by the zoning administrator, subject to the right of appeal by any aggrieved applicant or other interested person from~ the zoning administrator to the planning commission. No public hearing shall be required, but the zoning administrator or the planning commission may send such notices of the pending action and receive such comment to and by surrounding property owners and occupants or other interested persons, as they deem appropriate. The decision of the planning commission shall be final. Sec. 41-899. Amendments. (a) An application for an amendment to an approved planned sign program may be made at any time, subject~to the same limitations, requirements, and procedures as apply to an original application, except that only those occupants whose signs are addressed by the amendment application need consent to the filing of such application. ORDINANCE NO. NS- 1721 PAGE TWELVE (b) The change of copy on a sign, or the substitution of one sign for another, shall not require an amendment to a planned signed program if the change or substitution is limited in effect to changing the identification of a bus- iness activity only, and the new or altered sign conforms in all other respects to the approved planned sign program. DIVISION 6 SIGN STANDARDS AND REGULATIONS Sec. 41-1000 Prohibited signs (a) No permit shall be issued for a sign of any of the following types and descriptions. (1) Any sign which is reasonably likely to be dangerous or confusing to motorists on the public right-of- way, including any sign which by its color, wording, design location or illumination resembles or conflicts with any official traffic control device or which impedes the safe and efficient flow of traffic. (2) Any sign incorporating mechanical movement or any flashing, moving, or intermittent lighting, other than a sign providing a time-and-temperature or similar public service display. (3) Any sign which projects above the top of a building. (4) Any commercial advertising sign on a vehicle which is not excluded from the scope of this Article by Section 41-851. (5) Signs which impede free exit from any building in the event of an emergency. (b) No permit shall be issued for a sign of any of the following types and descriptions except as part of a planned signed program approved pursuant to Division 5 of this Article. (1) Signs designed to accommodate readily change- able advertisements. (2) Advertising displays, unless permitted pur- suant to Section 41-1010. ORDINANCE NO. NS- 1721 PAGE THIRTEEN (3) Sculptured, molded or otherwise fabricated representational objects used for the purpose of visually conveying business identification or product advertising. (4) Any sign on a marquee (5) Any sig~ providing a time and/or temperature display, or similar public service display. Sec. 41-1001. Sign design standards. No permit shall be issued for any sign which would conflict with standards established by resolution of the city council pertaining to the colors and materials of signs and adopted for the purpose of promoting signage which is visually attractive and harmonious with its surroundings. Sec. 41-1002. Freestanding signs - number, location, height and content restrictions No permit shall be issued for a freestanding sign which does not comply with the following standards: (a) Number (1) No freestanding sign shall be permitted on any site which does not have both public street frontage and vehicular access between such street and parking facilities on the site. (2) No more than one freestanding sign shall be permitted for each 300 feet of street frontage. (3) No more than one freestanding sign adver- tising or identifying the same business activity shall be permitted on each street on which the site has frontage. ORDINANCE NO. NS- 1721 PAGE FOURTEEN (b) Location (1) A freestanding sign may be located only in a landscaped planter having an area at least twice as large as the area of one face of the sign. (2) No freestanding siun shall be located in the triangular area(s) measured by a 10-foot by-10-foot diagonal cutoff where a driveway enters on to a street, or in any other area which may obstruct the vision of motorists so as to create a safety hazard. (c) Height and Area (1) Except as provided in subsection (c)(2) here- inbelow, no freestanding sign shall exceed ten feet in height and sixty square feet in area. (2) A freestanding sign may be permitted with a height not exceeding 35 feet and an area not exceeding 100 square feet, provided all of the following conditions are satisfied: a. The sign is located on a site which has frontage on a freeway right-of-way or which is located with- in 300 feet of a freeway exit; b. The sign is oriented toward viewing by freeway traffic; c. The sign is limited in content to the identification of the business name of a business which offers a service or product of specific interest to the travelling public, including, but not limited to, transient lodging, prepared food and goods and services necessary to the normal operation of motor vehicles. (d) Content (1) No freestanding sign shall contain more than ten items of information. (2) The copy area of a freestanding sign shall not exceed forty percent (40%) of the background area. ORDINANCE NO. NS~721 PAGE FIFTEEN Sec. 41-1003. Wall signs and canopy signs - number, location, length and content restrictions. No permit shall be issued for a wall sign or canopy sign which does not comply with the following standards. (a) Number and area No more than one sign of either the wall sign or the canopy sign type shall be permitted for each activity on a site, unless the building or portion thereof in which the activity is located has walls facing more than one street or public area, in which case the activity may have one such sign on each such wall. (As used herein, "street" shall include freeways, but exclude alleys'and service ways.) Sign area shall not exceed 40% of the signable area where located, to a maximum of 2 square feet of Sign area per lineal foot of business frontage. (b) Location No wall sign or canopy sign shall be placed higher than the ground floor of a building, except a major building identification sign permitted pursuant to section 41-1007. (c) Length The horizontal dimension of any canopy sign shall not exceed 75 percent of the horizontal dimension of the portion of the building occupied by the activity identified by the sign, measured on the side of the building on which the sign is located. (d) Content (1) No wall sign or canopy sign shall contain more than seven items of information. · (2) No wall sign or canopy sign shall advertise or identify any activity which is not located on the ground level of occupancy of the building. Sec. 41-1004. Pro3ecting signs. No permit shall be issued for any projecting sign which does not comply with the following standard~: ORDINANCE NO. NS-l?21 PAGE SIXTEEN (a) Number A projecting, sign shall only be permitted for a business activity having more than 50 feet of street frontage, and only in lieu of a wall sign or freestanding sign to which such business activity would otherwise be entitled under this Division. No more than one projecting sign shall be allowed for any such business activity. (b) Location ~ - (1) No part of any projecting sign shall be located lower than eight feet above ground level. (2) No projecting sign shall be located Within 50 feet of another projecting sign on She same site~ (3) No projecting, sig~ shall b~ located higher than the ground level of occupancy of the building. the (c) Structure (1) A projecting sign shall be perpendicular to building wall to which it is affixed. (2) No face of any pro3ecting sign shall exceed 32 square feet in area. (3) in thickness. A projecting sign sha~l not exceed 12 inches (4) The letters on a projecting sign shall not. exceed 24 inches in height. (d) Content (1) No projecting ~sign shall contain more items of information. than 10 (2) The copy area of a projecting sign shall not exceed 40 percent of the background are~. ~ ORDINANCE NO. NS- 1721 PAGE SEVENTEEN Sec. 41-1005. Signs located under canopies or marquees No permit shall be issued for any sign to be lo- cated under a canopy or marquee which does not comply with the following standards: (a) The sign shall not contain anything other than an identification of the business name of the activity occupy- ing the portion of the building to which it is affixed. (b) No more than one sign shall De located at each entrance into the business activity identified by the sign. (c) No part of the sign shall be located lower than eight feet above ground level. (d) The area of the sign shall not exceed four square feet. (e) The letters on the sign shall not exceed eight inches in height. Sec. 41-1006. Window signs and awning signs. No permit shall be issued for any sign affixed to, or incorporated into, an exterior window or awning unless: The total area of the signs affixed to the window or to any one face of the awning does not exceed 25 percent of the area of such window or awning face. Sec. 41-1007. Major building identification signs. Notwithstanding any other provision of this Ar- ticle, a permit may be issued, pursuant to a planned sign program, for a sign providing long-distance identification of any building exceeding three stories or 50 feet in height, or of the primary tenant in such a building, provided that the following standards are met: ORDINANCE NO. NS-1721 PAGE EIGHTEEN (a) Number. No more than two such signs shall be installed on the building. (b) Structure Such sign shall be composed solely of individual channel letters or logos which are non-illuminated or in- ternally i'lluminated. (c) Location Such sign shall be located at the top story of the building or between the top story and the top of the building. (d) Area The sign area of such a sign shall not exceed 40 percent of the signable area to which it is attached, nor shall it exceed an area equal to two square feet multiplied by the number of lineal feet in the horizontal dimension of the building face to which it is attached, measured at the level of the sign. (e) Length The horizontal dimension of such sign shall not exceed 40 percent of the horizontal dimension of the build- ing face to which it attached, measured at the level of the sign. (f) Letter Height The height of the letters used in such sign shall not exceed the following maximums, depending on the number of stories in the building; ORDINANCE NO. NS- 1721 PAGE NINETEEN Number of Stories Height (in inches) 4 36 5 42 6 48 7 54 8-10 60 11-14 72 15 or more 84 A logo may be used on such sign if the logo height does not exceed the maximum permitted letter height for the sign by more than 30 percent and if its horizontal dimension is not more than twice its vertical dimension. Sec. 41-1008. Real Estate Signs. (a) Residential units Notwithstanding any other provision of this Article, a sign advertising the sale, lease or rent of one or more dwelling units may be installed on the site of such adver- tised units without the necessity of obtaining a permit, provided the following standards are met: (1) The sign shall not be illuminated. (2) The sign area shall not exceed four square feet. (3) The sign shall not exceed six feet in height. (4) No other sign advertising the sale or lease of one or more dwelling units shall be installed on the same site. (b) Nonresidential units Notwithstanding any other provision of this Article, a sign advertising the sale or lease of one or more units of real property, other than dwelling units, may be installed on the site of such advertised units without the necessity of obtaining a permit, provided the following standards are met. ORDINANCE NO. NS- 1721 PAGE TWENTY (1) The sign shall not be illuminated. (2) The sign area shall not exceed 32 square feet. (3) The sign shall not exceed 12 feet in height. (4) No other sign advertising the sale or lease of units of real property shall be installed on the same street frontage of the same site. (C) New developments Notwithstanding any other provision of this Article, a sign advertising the first-time sale or lease of units of real estate within a site which is being or has been newly developed may be installed on such site pursuant to a permit issued pursuant to this Article for a one-year period, sub- ject to renewal for successive one year periods, provided the following standards are met: (1) The sign shall not be illuminated. (2 The sign area shall not exceed 80 square feet. (3 The sign shall not exceed 16 feet in height. (4 No other sign advertising the sale or lease of units of real estate shall be installed on the same site. (d) Directional signs Notwithstanding any other provision of this Article or any other provision of this Chapter regulating off-premise advertising signs, a sign providing direction or guidance for pedestrians or motorists to a newly developed site where units of real estate are being offered for sale or lease for the first time may be installed without the necessity of obtaining a permit, subject to the restrictions in Section 41-885(b), and provided the following standards are met: (1) The sign shall not exceed four square feet in area, ORDINANCE NO. NS- 1721 PAGE TWENTY-ONE (2) The sign shall not be located within 500 of any other such sign installed pursuant to this sub- section. feet (3) The name and telephone number of the developer or real estate agent shall be placed on the sign. Sec. 41-1009. Residential development identification signs. No permit shall be issued for any sign providing identification of a residential development having 5 or more dwelling units, unless the following standards are met: (1) No more than one such sign may be installed on each street frontage of the development. (2) The sign shall not be internally illuminated. (3) The area of the sign shall not exceed 20 square feet. (4) The height of the sign shall not exceed six feet. ORDINANCE NO. NS-1721 PAGE TWENTY-TWO Sec. 41-1010. Special event signs or displays. (a) No person shall install or maintain, or allow to be installed or maintained on property occupied by such person, any special event sign or display, except in accord- ance with the following requirements; (1) The special event sign or display must be installed and maintained in accordance with a permit issued by the zoning administrator. (2) The special event sign or display shall not be maintained for more than 14 successive days. (3) No more than one special event sign or dis- play shall be installed on a site for the benefit of any one activity on such site in any given six-month period. (b) The zoning administrator may deny a permit for a special event sign or display if it would be detrimental to the area surrounding the site, or may impose condi- tions or limitations on the permit which will avoid or mitigate such detrimental effects. (c) In granting a permit for a special event sign or display, the zoninG administrator may waive any of the provisions of this Article which would otherwise limit or prohibit such sign or display. ORDINANCE NO. NS-1721 PAGE TWENTY-THREE SECTION 2: That Section 41-444 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-444. site development standards. (a) Minimum gross floor area. Dwelling units shall have the following minimum gross floor areas per unit, exclusive of garages, carports, bal- conies, patios, or open porches: (1) Bachelor apartment: Three hundred (300) square feet. (2) One-bedroom apartment: square feet. Five hundred (500) (3) Two or more bedroom apartment: Seven hun- dred and fifty (750) square feet. (b) Maximum building height. The maximum height of any building or structure used for any purpose permitted in this district shall be equivalent to one-third (1/3) the distance from any point on the building or structure perimeter at ground level to the nearest point of any land zoned for exclusively residential purposes. (c) Buffers. (1) At any point where a site area used for res- idential uses abuts land on or off the site used or zoned for commercial uses or vehic- ular ways or parking areas related to commer- cial uses, there shall be provided either a solid barrier six (6) feet in height of dec- orative noncombustible material or permanently maintained hedge, or an open space twenty-five (25) feet in width which shall not be used in the calculation of other required open spaces, yards or setbacks. (2) Buildings combinin~ residential and commercial uses may be permitted if the design assures the privacy, amenities, and protection against nuisances provided for residential use build- ings under the provisions of this district. ORDINANCE NO. NS-1721 PAGE TWENTY-FOUR (d) setback and yard requirements. 1) Where a building site abuts any public right-of-way there shall be provided an open, landscaped setback at least ten (10) feet in depth, measured at right angles to the right-of-way line and ex- tending the full length of such abutment. Where such a required yard abuts building, vehicular accessway, or parking areas used solely for commercial purposes, fifty (50) per cent of the required yard may be sub- stituted in required parking area land- scaping, provided that no such required yard shall be less than five (5) feet in depth. (2) Buildings shall be provided with the fol- lowing open yards, of which the depths are to be measured perpendicular to the build- ing walls: (i) Any building wall containing a main entrance shall have a yard having a minimum depth of ten (10) feet plus two (2) feet for each additional feet for each additional story in height above the first, plus one (1) foot for each fifteen (15) feet in length. (ii) Any building wall which contains win- dows opening into any habitable room or place of work, but does not contain a main entrance, shall have a yard having a minimum depth of six (6) feet plus one (1) foot for each additional story in height above the first, plus one (1) foot for each fifteen (15) feet in length. (iii) Any building wall which does not con- tain main entrances or windows opening into any habitable room or place of work or which is part of an accessory building shall have a yard having a minimum depth of five (5) feet. ORDINANCE NO. NS- 1721 PAGE TWENTY-FIVE (e) (3) The depth of required yards may be reduced fifty (50) per cent for any single-story building used solely for commercial purposes, if an equivalent area contiguous with the building is substituted in pedestrian mall or arcade landscaped entirely with decorative materials and plants, provided that no such building shall be closer than ten (10) feet to another building and no pedestrian access- way shall be less than six (6) feet. Minimum distances between buildings. The minimum distances between buildings shall be as follows: (1) The minimum distance between parallel walls of two (2) main buildings or between (2) par- allel facing walls of the same building shall be the sum of the yard depth requirements of both walls. (2) (3) (4) (5) For obliquely aligned buildings, the required distance between two (2) main buildings may be decreased a maximum of five (5) feet at one end if increased an equal distance at the other end, provided that the minimum distance in no case shall be less than ten (10) feet. The distance between two (2) parallel main buildings facing each other for only a portion of their lengths may be reduced if the extent of their overlap does not exceed twenty (20) per cent of the length of either facing wall. The minimum distance between said buildings shall be equal to the full yard depth require- ment of the longer facing wall plus three- fourths (3/4) of the yard depth requirement of only the overlapping portion of the shorter facing wall. Any pedestrian accessory shall have a minimum width of six (6) feet. The requirements of (1) through (4) above shall apply whether the required spaces are open to the sky or covered. ORDINANCE NO. NS- 1721 PAGE TWENTY-SIX f) (6) Balconies and exterior stairways shall not project more than fifty (50) per cent of the depth of any required yard or setback. Open space and recreational-leisure areas. There shall be provided a minimum of: (1) (2) Three hundred and fifty (350) square feet of usable recreational-leisure space for each dwelling unit. Portions of spaces required under the yard and minimum distance provisions of this sect.~on may be in~luded~in the calcu- lation of reCreational-leisure ~ace to the ex- tent that they are integrated wfth and usable as part of a larger recreational-leisure area. Where private outdoor living areas are provided, the minimum recreational-leisure space require- ment shall be reduced to three hundred (300) square feet per dwelling unit. (±) Minimum dimensions of such private outdoor living areas shall be as follows: (.1) When provided for ground floor or ~tudio-type units, s~ch areas shall ave a minimum of t~ hundred (200) ~quare feet, the lea~t dimension of which shall be ten (10) feet. (.2) when provided for dwelling units wholly above the ground floor, such areas shall be provided as accesible balconies or decks, and shall have a minimum area of fifty (50) square feet, the least dimension of which shall be five (5) feet. (ii) Remaining required space not provided in private outdoor living areas shall be pro- vided in common recreational-leisure areas. (3) Common recreational-leisure areas,which shall be conveniently ~ocated and readily~accessible from all dwelling =units located on the building site, may extend into the required yards, but shall be ORDINANCE NO. NS-1721 PAGE TWENTY-SEVEN (g) screened from adjacent arterial streets and highways, and may include swimming pools, putting greens, court game facilities, and any other recreational-leisure facilities necessary to meet the requirements of resi- dents and their guests. Common recreational- leisure areas, with the exception of pedestrian accessways and paved recreational facilities, shall be landscaped with lawn, trees, shrubs, or other plant materials and shall be perma- nently maintained in a neat and orderly manner as a condition to use. Fountains, sculpture, planters and decorative screen-type walls, where an integral part of a landscaping scheme comprised primarily of plant materials, are permitted. Required recreational-leisure space shall in no case be used for parking automobiles or for commercial agriculture. (4) Fifty (50) per cent of required common recre- ational-leisure space for residential units may be included in the calculation of required yards and setbacks for commercial uses developed on the same site, providing the resulting spaces shall be part of an integrated whole contiguous with and convenient to the residential buildings served, shall be developed solely with plant and decorative materials, and shall not serve as primary commercial pedestrian routes or other- wise made unavailable for leisure purposes. Coverage. The maximum coverage by main residential buildings and accessory residential buildings shall not exceed fifty (50) per cent of the residential site area. If the site is in residential use only, the residential site area is the total site minus the area of all vehicular rights-of-way and of all accessways which exceed one hundred (100) feet in length. If the site is also in use for commercial purposes, demarcation of residential site areas shall be shown on submitted plans for the purpose of calculating coverage, and any open spaces, set- backs, parking areas, and vehicular ways used to satisfy development requirements for commercial uses shall not be included in calculating the coverage of residential buildings. Recreation-leisure fa- cilities shall not be counted as covered areas. ORDINANCE NO. NS-1721 PAGE TWENTY-EIGHT (h) Off-street parking requirements. (1) (2) Refer to Section 41-617 for parking re- quirements for this district. Parking facilities for residential units shall be completely separated from parking facilities and main internal circulatory routes used for commercial or professional uses. The site design shall discourage users of one use area from parking their cars in spaces serving other use areas. Each space for residential use shall be located within one hundrd and fifty (150) feet of the principal entrance to the building in which the dwelling unit served is located. (3) Spaces provided for residential guest parking shall be conveniently distributed in separate groupings having a maximum of five (5) spaces each. (4) Ail points of vehicular access to and from off-street parking areas and driveways onto public rights-of-way shall be approved by the director of public works. Wherever a private driveway enteres onto said public right-of-way, a stop sign shall be erected and maintained at such exit point to insure reasonable traffic safety in compliance with the standard sign sheet on file in the office of the department of public works. i) Landscaping. (1) All required setback aras, required open spaces aroung the perimeter of buildings, and the required parking landscaped areas, unless otherwise specified in the provis- ions of this district, shall be landscaped and maintained according to approved plans. Required parking landscaped areas shall be distributed evenly throughout and along the periphery of parking areas and shall be planted with trees: one tree, selected from the list in section 41-602(c) (2)(ii) and ORDINANCE NO. NS- 1721 PAGE TWENTY-NI NE (j) not less than ten (10) feet high at the time of planting, shall be provided for each twenty (20) parking spaces or any part thereof. Each planting bed shall be at least four (4) feet in width. Required setback areas abutting properties zoned for exclusively residential purposes shall be planted with trees of the same size and selection as above, one tree to be provided for each fifteen (15) linear feet of abutment. (2) Landscaping shall consist of lawn, trees, shrubs, or other plant materials, and may include the following decorative elements where an integral part of a landscape scheme is comprised primarily of plant materials: (i) Fountains, ponds, sculptures, and planters. (ii) Screen-type masonry walls forty-two (42) inches in height. (iii) Wrought iron or other types of open work metal fences, exclusive of chain link, provided that the component solid por- tions of a fence do not constitute more than twenty (20) per cent of the total surface area of its face. Such fences shall have a maximum of six (6) feet. (3) Two (2) per cent of the gross uncovered parking area for all uses shall be landscaped. subdivision of property developed under the CR dis- trict. Upon completion of a development of property in the CR district, no portion of the property in- volved in said development shall be severed or sold unless said severed parcel and the development there- on complies wall all provisions set forth for the CR district. Further, the remaining parcel and develop- ment thereon shall also comply with said CR district provisions. Nothing herein shall prohibit the sale of any dwelling or commercial units provided all com- mon areas, required yard areas, common recreational areas, and similar areas required under the provisions of the CR district are retained in trust or otherwise for the benefit of all tenants and owners of any ORDINANCE NS-1721 PAGE THIRTY interest of any of the structures on the original area developed as a unit. Fur- ther, prior to the issuance of a building permit or approval of the development plans as set forth in section 41-441, deed re- strictions prohibiting the alienation of all land areas not devoted to buildings shall be recorded in the office of the county recorder of the County of Orange, State of Californa. Said restrictions shall include a statement that said deed restrictions shall be irrevo- cable for a period of not less than thirty (30) years. A copy of said deed restrictions shall be filed with the planning department prior to the issuance of a building permit to the owner of the original project. (k) Dedication for public right-of-way. If a parcel zoned CR is to be developed in accord- ance with the provisions set forth for this district and said parcel abuts a street not improved to city standards, the owner shall dedicate the necessary street easement to the city and improve said street so as to be in accordance with the design standards and specifications of this Code of Ordinances prior to the issuance of utility release by the building department. (1) Trash collection areas. Ail trash and garbage collection areas shall be enclosed on at least three (3) sides by a five (5) foot block wall with adequate access to and from these areas for collection vehicles. SECTION 3: That Section 41-507 of the Santa Ana Municipal Code is hereby amended to read as follows: sec. 507. Operational standards. (a) Any activity permitted in this district shall be conducted in a manner creating no nuisance to ad- jacent property, such as, but not limited to, vi- bration, sound, electromechanical disturbance and radiation, air or water pollution, dust, emission or odorous, toxic or noxious matter. All lighting is to be shielded and confined within property lines. ORDINANCE NO. NS-1721 PAGE THIRTY-ONE (b) Ail materials, supplies, products, and equipment stored outside of a building shall be completely screened from the view of any street or adjacent properties. (c) Ail loading shall be visually screened from primary streets. On other than primary streets side load- ing shall be allowed providing the loading dock is set back a minimum of seventy (70) feet from the street right-of-way line. (d Railroad trackage shall be allowed on any side but the street side of a building. If railroad trackage and loading are located other than at the rear of a building area, complete screening from the street shall be provided. (e There shall be erected and maintained a solid wall not less than six (6) feet in height along the rear or side lot line where said rear or side lot lines abuts property situated in any R district. (f Public utility electric distribution and transmission substations shall be enclosed within a solid wall or chain link fence not less than six (6) feet in height. (g Any persons building, erecting, altering, or replacing any article, machine, equipment, or other contrivance, the use of which may cause the issuance qf air contam- inants, shall present to the planning department, prior to the issuance of a building permit, a written state- ment from the office of the air pollution control dis- trict of Orange County confirming that said use com- plies with the current regulations of the air pollution control district. (h) Ail production activities shall be visually screened from the street and adjacent properties. SECTION 4: That Section 41-619.13 of the Santa Ana Muncipal Code is hereby amended to read as follows: Sec. 41-619.13 Amortized nonconforming sign-Defined. As used in this chapter the term "amortized non- conforming sign" shall mean a sign which is at any time in conformity with the provisions of this chapt, er but ORDINANCE NO. NS-1721 PAGE THIRTY-TWO which thereafter becomes nonconforming to such provisions and to which all of the following conditions apply: (a) The sign has been in existence for at least ten (10) years; (b) The sign has been nonconforming to the pro- visions this chapter for at least one (1) year. SECTION 5: That sections 41-346, 41-429, 41-578, 41-619, 41-619.1, 41-619.2, 41-619.3, 41-619.4, 41-619.5, 41-619.6, 41-619.7, 41-619.8, 41-619.9, 41.619.10, 41-619.11, and 41-619.12 of the Santa Ana Municipal Code are hereby re- pealed. SECTION 6: 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 ordin- ance. The City Council of the City of Santa Ana hereby de- clares 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 7: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which viola- tions were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violations ORDINANCE NO. NS- 1721 PAGE THIRTY-THREE thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed, or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. ATTEST: Adopted this 2nd .~day of April , 1984 · GUY, Clerk of the Council COUNCILMEMBERS: Luxembourger Aye Griset Aye Acosta Aye Bricken Aye Johnson Aye McGuigan Aye Young Aye City Attorney.___-'