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HomeMy WebLinkAbout11A - ORD - SIGN PROGRAMSREQUEST FOR COUNCIL ACTION 181 tiYioIlPLe31aut_4:1111L`IHb7_Y1 MAY 6, 2014 TITLE: ORDINANCE SECOND READING: ZONING ORDINANCE AMENDMENT NO. 2013 -02 TO AMEND PROVISIONS OF CHAPTER 41 RELATING TO SIGN PROGRAMS FOR REGIONAL COMMERCIAL CENTERS AND ATTRACTIONS, CITY OF SANTA ANA — APPLICANT CITY MAN ER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On April 15, 2014, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 7 -0: ORDINANCE NO. NS -2861 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW REGIONAL PLANNED SIGN PROGRAMS. FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2861 11 A -1 11 A -2 (ROH 04/08/14) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW REGIONAL PLANNED SIGN PROGRAMS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Municipal Code does not currently contain standards for sign programs for regional commercial centers and attractions citywide. Such sign programs are necessary to ensure that signage proposals for regional centers and attractions can be reviewed in a comprehensive, thorough manner to ensure compatibility with the site and surrounding land uses. B. Regional commercial centers and regional attractions with freeway orientation have site configurations and visibility that make them suitable for comprehensive planned sign programs with provisions that address their unique locations along highly - visible freeway corridors. C. Zoning Ordinance Amendment No. 2013 -02 is to amend Chapter 41, Article XI, Divisions 2 and 3 (Sign Standards and Regulations, Planned Sign Programs), creating a new Section 41 -885, allowing certain commercial centers and attractions to apply for regional planned sign programs and allow unique signage as they relate to height, size, quantity, or scale. The Zoning Code amendment will require the regional planned sign programs to be reviewed by the Planning Commission. D. Zoning Ordinance Amendment No. 2013 -02 supports the General Plan policies of encouraging development of projects which promote the City's image as a regional activity center, of encouraging development and promotion of major centers adjacent to major arterial roadways, transit and freeway corridors, and of protecting the health and safety of residents, employees, and visitors of Santa Ana. E. On February 24, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2013 -02 to create Section 41 -885 of the Santa Ana Municipal Code to create standards of approval for regional planned sign programs, citywide. 11 A -3 F. Zoning Ordinance Amendment No. 2013 -02 came before the City Council of the City of Santa Ana for a duly noticed public hearing on March 18, 2014, to consider all testimony, written and oral. At that time, the City Council voted to continue the matter. The item returned to the City Council on April 15, 2014. G. The City Council adopts as findings all facts presented in the Request for Council Action dated March 18, 2014 and the Request for Council Action dated April 15, 2014 accompanying this matter. For these reasons, and each of them, Zoning Ordinance Amendment No. 2013 -02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. The Request for Council Action for this ordinance dated March 18, 2014, as well as the Request for Council Action dated April 15, 2014, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. I. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41 -860 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -860. General regulations. a) No sign is permitted that: 1. Is 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. z 11 A -4 2. Is in a condition which presents a danger of injury to the public. 3. Incorporates mechanical movement or in any way gives the illusion of motion, moving parts, rotation or any flashing, moving or intermittent lighting, other than a sign providing a time - and - temperature or similar public service display, except as approved by a Regional Planned Sign Program pursuant to section 41 -885 of this chapter. 4. Is on a vehicle, except as excluded from the scope of this article by section 41 -851 5. Impedes free ingress and egress from any door, window or exitway required by building or fire regulations. 6. Emits sound, smoke, visible particles or odors, except that speakers on drive - through facilities shall be permitted. 7. Is attached to or maintained upon any public utility pole or structure, or tree. b) No person, except a public officer or employee in the performance of a public duty or a private person in giving a legal notice, shall paste, post, paint, nail or tack or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any property without the written consent of the owner, holder, lessee, agent or trustee thereof. c) All signs, other than temporary signs, and their supporting structures shall: 1. Be constructed of metal, wood, plastic, foam, paint and /or comparable weather - resistant material. 2. Be kept in good repair and maintained in safe, neat, clean and attractive condition. 3. Be so enclosed as to provide against their infestation by birds and vermin, and shall be structurally safe. d) Logos or identification symbols shall be considered signs and shall conform to all provisions of this article. Section 4. Section 41 -861 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41 -861. Additional regulations. No sign is permitted that: 3 11 A -5 Is an A- frame, sandwich board or other portable, temporary advertising display. Is temporary or special event flags, banners, festoons, flag canopies or other displays, except as permitted by a special event sign permit. Is a sculptured, molded or otherwise fabricated representational object used for the purpose of visually conveying business identification or product advertising, except as approved by a planned sign program. 4. Is an aerial or balloon type of sign, except as approved by a Regional Planned Sign Program pursuant to section 41 -885 of this chapter. 5. Conflicts with standards established by resolution of the city council pertaining to the colors and materials of signs adopted for the purpose of promoting signage which is visually attractive and harmonious with its surroundings. 6. Duplicates or repeats copy on the same sign. 7. Is a graphic of paint or other material on a building for the purpose of amplifying or directing attention to a sign, unless approved by the planning director. Section 5. Section 41 -885 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -885. Regional Planned Sign Program. a) Definitions: 1. 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. 2. Regional Automobile Dealership — an automobile dealership licensed by the State of California 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 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. 11 A -6 3. Regional Attraction — A large cultural or educational establishment such as a museum or zoo, or other establishment that blends education entertainment and /or amusement, and which fronts onto one or more freeways. Said attraction must be located on a site of no less than five (5) acres. b� Eligibility for a Regional Planned Sign Program: 1. The sign program is proposed for a site that is a regional commercial center, regional automobile dealership, or regional attraction. 2. The site does not abut property zoned or used for residential uses. 1 Signage and other on- premise advertising must meet the provisions of the sign code meant to protect the health, safety, and welfare of residents and workers in the immediate vicinity; signaqe shall be limited to only advertising on -site business activities. All signaqe must comply with the provisions of Sections 41 -860 and 41 -861 of this Chapter except as noted within those sections pursuant to approval of a Regional Planned Sign Program described in this section. d) The provisions of this section shall be applied in conjunction with chapter 41, article XI, "On- Premise Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41. article XI. "On- Premise Sians." the provisions of this section shall prevail e) Electronic message displays may be permitted in Regional Planned Sign Programs subject to the following conditions: 1. The display(s) shall comply with the following requirements: A. Be oriented in a wav that i. Minimizes visual and light- emitting intrusion onto properties zoned or used for residential purposes; and ii. Maximizes visibility from adjacent or nearby freeway corridors. B. Produce a maximum 0.3 foot - candles over ambient light levels. C. Include a means of ensuring additional flexibility in reducing light levels upon request by the City. D. Provide a means of limiting excessive light or glare. 11 A -7 E. Have automatic diming capabilities. 2. The sign copy shall comply with the following requirements: A. Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement. B. Each sign copy shall be displayed for a minimum of eight (8) seconds. 3. No electronic message display shall be located on a ground sign or cyclists as determined by the Public Works Agency. 4. The Property owner shall comply with Santa Ana Municipal Code section 41- 638.2, establishing standards for graffiti abatement. 5. The property owner shall provide the City and the public a designated phone number and email address for emergencies or complaints that will be accessible 24 hours a day, seven days per week. 6. In addition to their on- premise advertising and identification purposes, the signs must make available a minimum amount of display time to be used for public service announcements or warning signs as requested and provided by the City of Santa Ana. Such minimum time will be established as a condition of approval for the Regional Planned Sign Program. 7. The sign shall comply with any and all federal, state and local laws; regulations and permitting requirements. fj A Regional Planned Sign Program may be submitted by an applicant representing or owning the project site or may be required for a development project when the Planning Director or his or her designee determines that such a sign program is necessary because of special project characteristics. M Applications for Regional Planned Sign Programs shall be accompanied by photo simulations of all proposed signage showing daytime and nighttime conditions in addition to standard forms, exhibits, and other materials requested by staff as required for a complete submittal. 6 11 A -8 h� Every application under this chapter for a Regional Planned Sign Program or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged a copy of which shall be maintained in the office of the planning department. 1 An application to permit a Regional Planned Sign Program must be approved by the Planning Commission and be reviewed subject to compliance with the following sections of the Santa Ana Municipal Code: 1. 41 -633. reauirina forms. descriptions, notification of surroundin Property owners and signature(s) from recorded property owner(s), as applicable; 2. 41 -635 through 41 -637, scheduling for public hearing, providing notice of hearing, and continuances; 3. 41 -642 reviewing the decision of the Planning Commission by the City Council; 4. 41 -645 and 41 -646 processing appeals; 5. 41 -647 and 41 -647.5 utilizing such permits and violations of such permits; 6. 41 -649 modifying such permits; and 7. 41 -651, revoking of such permits. 1� In granting or denying a Regional Planned Sign Program, the Planning Commission shall make the following findings of fact and may impose conditions, restrictions or limitations as the Commission may determine to be necessary to meet the general purpose and intent of this chapter and to ensure that the public health, safety and welfare are being maintained. Findings shall be made and conditions may be imposed to confirm that: 1. The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight, intrusion, or similar incompatibilities. 2. The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists, or motorists on City streets or freeways. 11 A -9 3. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed. Scale, intensity, and site development characteristics may be determined by: A. Height of existing or proposed buildings on -site; B. Quantity of freestanding buildings, facades, and street frontages; C. Scale of buildings as they relate to pedestrian and vehicular access surrounding land uses and transportation corridors; D. Visibility from streets highways pedestrian areas, rail corridors, bikeways, other transportation routes, parks, and other public spaces; E. Architecture, colors) material(s), illumination, and other site characteristics; and nature of business activities conducted on- site; and, F. Visibility from any property used or zoned for residential purposes. k) Appeals from decisions of the Planning Commission, extensions, time limits, and modifications to such Regional Planned Sign Programs must be conducted in a manner in accordance with Chapter 41, Article V, Division 1 of the Santa Ana Municipal Code. 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 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. ADOPTED this day of 2014 Miguel A. Pulido Mayor 11A -10 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan 0. Hodge, Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 9 11A -11 11A -12