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HomeMy WebLinkAboutNS-2374 - Amending Chapter 41 of the Santa Ana Municipal Code to Establish CityWide Zoning Regulations for the Placement and Maintenance of Exterior TelephonesORDINANCE NO. NS- 23 74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAiNTA A/qA A~4ENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH CITYWIDE ZONING REGULATIONS FOR THE PLACEMENT AND MAINTENANCE OF EXTERIOR TELEPHONES WHEREAS, the deregulation of the telephone recently caused a dramatic increase in the number of phones located throughout the City; and industry has exterior pay WHEREAS, many of the exterior pay phones located within the City, have been placed in the public right of way, on public sidewalks, and in required landscape area; and WHEREAS, many of the exterior pay phones present safety and aesthetic issues like exposed conduit, shared conduit with neighboring phones, signage issues on pay phone exterior and aesthetically offensive installation; and WHEREAS, representatives from the exterior pay phone industry have repeatedly met with staff to express their concerns with a City permitting process and lend input into regulations for the placement of exterior pay phones. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: SECTION 1: That Santa Aha Municipal Code Section 17-72 is hereby amended to read as follows: Sec. 17-72. Public nuisance. Any pay telephone which is used as an instrumentality for or contributes substantially by its presence to any of the following conditions is hereby declared to be public nuisance: (i) Selling or giving away controlled substances (as defined in Division 10 of the California Health and Safety Code); soliciting, agreeing to engage in, or engaging in any act of prostitution; or other criminal activity. (2) Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a license issued by the Department of Alcoholic Beverage Control. (3) Loitering on nearby public or private property. (4) Excessive noise. (5) Disturbance of the peace, public drunkenness, harassment of passerby, gambling, public urination or lewd conduct. As used in this section, "loitering" shall mean standing, sitting, lying or remaining on any property under such circumstances that a reasonable person would conclude that the person who remains on the property does not have a purpose connected with the usual and ordinary use to which such property is put, does not have a bona fide intent to exercise a constitutional right, and is causing public inconvenience or annoyance. SECTION 2: That Santa Aha Municipal Code Section 17-73 is hereby amended to read as follows: Sec. 17-73. Abatement generally. (a) Whenever the chief of police or his designee determines that any pay telephone constitutes a public nuisance as defined in sections 17-71 or 17-72, the chief of police or his designee may commence proceedings to abate the nuisance. The abatement proceedings shall conform to article II of this chapter, except as specified in this article. (b) No proceedings to abate a public nuisance as defined in sections 17-71 or 17-72 shall be commenced unless the chief of police or his designee first has made a reasonable effort to work with the property owner where the pay telephone is located or the pay telephone vendor to eliminate the conditions described in sections 17-71 or 17-72 by voluntary measures, such as: (1) Blocking incoming calls; (2) Lighting to be installed to a minimum of one footcandle; (3) Changing the telephone's location on the parcel; (4) (5) (6) (7) (8) (9) ('1o) Making the telephone inoperative; Temporarily removing the telephone; Changing the type of enclosure of the telephone; Removing all or one (1) of the telephones; Removing the telephone number and ringer phone. Shutting off the keypad after the dialed to eliminate the beeper use. Make the telephone inoperable time. (l~) SECTION 3: That Santa Ana Municipal hereby amended to read as follows: Sec. 41-195. Outdoor business aativities. are from the initial number is for designated periods of Remove telephone handset; or Move the telephone inside the business. Code Section 41-195 is (a) If, and to the extent that, the following business uses permitted in a use district, then the corresponding business activities shall be permitted to of an enclosed building as part of, or incidental to, the use: be located or conducted outside (1) Any business use: Vehicular and pedestrian access parking areas, and trash disposal areas. and (2) Any business use: Signs and newsracks as permitted by the sign and newsrack regulations contained in this Code. (3) Public utilities: Distribution and accessory structures. (4) and transmission lines Service stations: Pump islands, and the minor vehicle services customarily incidental to the purchase of vehicle fuel at pump stations. 411 (5) Day nurseries: Playground areas. (6) Restaurants, cafes, and other establishments where food and drink is sold for consumption on the premises: The food and drink purchasing areas and dining areas of such establishments. (7) Exterior pay phones that are in compliance with Section 41-198 . 1 (b) Goods displayed in a covered recessed entryway shall be deemed to be located within an enclosed building if they are located inside of a vertical plane extending between the ground and the outermost part of the roof of the entryway excluding canopies and similar projections. SECTION 4: That the Santa Ana Municipal Code is amended to add Section 41-198.1 to read as follows: Sec. 41-198.1. Exterior pay phone facilities (a) Exterior pay phone facilities are not permitted in the RE, R1, R1-4000, R2, R3, PD, PCD or SD use district which is planned or developed for residential use. (b) In use districts other than those specified in subsection (a) of this section: (1) A land use certificate is required, in accordance with sections 41-675 through 41-677, for each exterior pay phone installed. All pay phone facilities holding a valid business license as of January 1, 1998 will have 3 years from the effective date of the ordinance to comply with the provisions herein. SECTION 5: That Santa Aha Municipal Code Section 41-872 hereby amended to read as follows: Sec. 41-872. Other signs. (a) Directional signs. Directional signs not exceeding four (4) square feet in area and, if freestanding, a height of four (4) feet shall be allowed. Such directional sign shall contain only that information necessary for on-site circulation, parking and site information without any advertising. 4i2 (b) Menu boards. Menu boards on the interior driveways of drive-through facilities shall not exceed seven (7) feet in height and sixty (60) square feet in area. Speakers shall face away from residential property. No more than two (2) menu boards per drive- through shall be permitted. (c) Window signs. No permanent sign affixed to incorporated into an exterior window shall exceed twenty-five per cent of each window area. or (25) (d) Awning signs. No sign affixed to or incorporated into an awning shall exceed ten (10) per cent of the awning elevation. (e) Construction signs. One (1) unlighted construction sign is permitted per street frontage per job site and shall not exceed six (6) square feet in any residential zone or thirty-two (32) square feet in all other zones, and shall contain no more than the name of the project and the names and addresses of the contractors, architects, engineers, landscape architect, financing company or developer. Such sign shall be removed within thirty (30) days of building permit final approval or issuance of a certificate of occupancy for the project. (f) Service station signs. Signs for service stations shall comply with the provisions of this article for freestanding and wall signage and shall include signs required by law, but shall not exceed the minimums set by law subject to sign placement requirements and review as set forth in this part. In addition, the following signage is permitted: Island canopies. One (1) sign per street frontage shall be permitted. Canopy signage shall not exceed twenty (20) square feet in area. Canopy sign copy shall be limited to business name and logo only. Signage may be internally illuminated. (2) Spandrel signs or canopy support signs. The signs shall not exceed twenty (20) per cent of the spandrel area. The spandrel sign copy shall be limited to business name and logo only. Spandrel signage may be internally illuminated. (3) (4) (g) Pump or dispenser signs. Pump or dispenser signs shall be limited to business or fuel identification, operational instructions, and state required information. Convenience signs. Signage designated to assist customers, such as "Please Pull to Forward Pumps" or "Please Pay Cashier Before Pumping Gas" shall be architecturally integrated with the structure to which it is being applied and not exceed four (4 square feet in sign area. Signs over public right-of-way. No sign shall extend over the public right-of-way, except signs on a marquee, canopy or awning which shall pro]ect no closer than two (2) feet from a curb. (h) Exterior Telephones. (1) To maintain an image of professionalism, side panels on payphones must relate solely to phone identification and/or the business name or logo of the payphone company provider. No advertising of products, services or special events are allowed. Side panels must be composed of materials which allow for cleaning and removal of graffiti without deterioration of color or surface appearance of the enclosure. Service providers will be responsible for keeping side panels clean and free of graffiti. All enclosures at a location must be of the same type with side panels of the same color. All enclosures must be U.L. listed and all light fixtures operational if units are wired for lighting. Vandalized enclosures/side panels requiring repairs must be replaced within one business day of notification to the service provider. (2) Signage indicating the location of a pay phone may not be placed on the site or extend above the phone cabinet unless deemed necessary due to public safety concerns as determined by the chief of police. In such instances, said signage is limited to the international telephone symbol. (3) Phone identification attached to a building or structure is not permitted. (4) Phones may not be used to advertise on or off site business activities. 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 ordinance. The City Council of the City of Santa Aha 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 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 violations 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 provision applicable to any violation 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. ADOPTED this 7th ATTEST: ~C~ir~eo~ t~YcounCi~ day of ,he~ho~ , 1998. Mill A. Pulido Mayor COUNCILMEMBERS: Pulido Aye Lutz Ay~ Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Aye APPROVED AS TO FORM: A~st~ ~ttorney Ordinance No. NS-2374 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. ,~ ~ - ,~ '7 t..,Z to be the original ordinance adopted by the City Council of the City of Santa Aha on /.~,,/-~/~'~ ; and that said ordinance was published in accordance with the Charter of the Ci~9 o'f Santa Aha. Date: /~./~) /~'~- ~;'~- ~--~/ / ' '- CounCil /~"~ L City of Santa Ana ~ !