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6249ORDINANCE NO. 6249 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.108.040.080 OF CHAPTER 18.108 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PERMITTED SIGNS FOR FESTIVAL SPECIFIC PLAN NO. 90-1. WHEREAS, on March 27,1990, the City Council of the City of Anaheim (the "City Council") adopted Ordinance No. 5109 adding new Chapter 18.108 to Title 18 of the Anaheim Municipal Code to govern the zoning and development of a regional shopping center on certain real property described in Specific Plan No. 90-1 and commonly known as "The Festival" (the "Specific Plan"); and WHEREAS, the Specific Plan and, specifically, Section 18.108.040.080 of Chapter 18.108 of the Anaheim Municipal Code set forth sign regulations for The Festival; and WHEREAS, the owner of The Festival has applied for an amendment to the Specific Plan to permit additional signs for free-standing tenant spaces; and WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission") held a public hearing at the Civic Center in the City of Anaheim on June 4, 2012, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed amendment to the Specific Plan, and to investigate and make findings and recommendations in conjunction therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said public hearing, did recommend that the City Council approve the proposed amendment to the Specific Plan, as requested by the owner of The Festival; and WHEREAS, the City Council did hold a public hearing on the proposed amendment to the Specific Plan, notice of said public hearing having been duly given as required by law; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the City Council finds and determines that the proposed amendment to the Specific Plan is within that class of projects which consists of, among other things, the construction, or placement of minor structures accessory to existing commercial facilities, including but not limited to on -premise signs and that, therefore, pursuant to Section 15311 of Title 14 of the California Code of Regulations (herein referred to as the "State CEQA Guidelines"), the proposed amendment to the Specific Plan will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the City Council, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said public hearing, including the recommendations of the Planning Commission, does hereby find and determine, with respect to the request for said amendment to Development Agreement, that all of the conditions and criteria for the approval of said amendment are present. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection (d)(6) of Section 18.108.040.080 of Chapter 18.108 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended, to read as follows: "6. Freestanding Pad Buildings. The following are permitted signs and requirements for a pad with one (1) tenant or multiple tenants (for example, a freestanding restaurant and a bank on one (1) pad): a. Each single tenant building shall be permitted one (1) wall sign per building elevation or one (1) wall sign per business for buildings with multiple tenants/businesses. The maximum aggregate area of allowable wall signs per building elevation is limited to one square foot of sign area per lineal foot of that building elevation. Wall signs for individual tenants shall not exceed one square foot of area per lineal foot of said tenant's building frontage. b. The single display surface shall be placed parallel to, and in front of, any exterior wall of the building; c: The sign shall be placed on a flat surface and not on a decorative architectural feature of the structure; d. The sign shall not proj ect over or into any public right-of-way; e. The sign shall not project above the parapet of the building; and f. The single display surface, including individual letters, shall not project more than twelve (12) inches beyond the wall or structure to which it is attached. 2 g. One (1) monument sign shall also be permitted. Wall signs shall not be located on the elevation fronting the monument sign location. The sign height of the monument sign shall be a maximum of six (6) feet, its sign width shall be a maximum of eight (8) feet, and its sign area shall be a maximum of forty-eight (48) square feet". SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefore as provided for in this ordinance. [Remainder of page intentionally left blank; signatures on next page) THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 10th day of July , 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the 21 st day of August , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 90027/TReynolds 4 CITY OF ANAHEIM -4 r1ZV-- By: MAYOR OF THE CITY OF ANAHEIM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6249 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 10th day of July, 2012, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 21St day of August, 2012, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 21St day of August, 2012. "'�-do�4L - CITY CLERK OF THE CITY OP ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6249 and was published in the Anaheim Bulletin on the 30th day of August, 2012. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) Or .JE NO. 6249 AN ORDINANCE OF THE CITY OF ANAHEIM AM' ECTION 18.108.040.080 OF CHAPTER 18.108 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TC FED SIGNS FOR FESTIVAL SPECIFIC PLAN NO. 90-1. WHC,7EAS, on March 27, 1990, the City Council of the Anaheim (the "City Council") adopted Ordinance No. 5109 addint Chapter 18.108 to Titie18 of the Anaheim Municipal Code to govern the zoi....� and development of a regional shopping center on certain real props .escribed in Specific Plan No. 90-1 and commonly known as "The Festival" (the "Specific Plan"); and WHEREAS, the Specific Plan and, specifically, Section 18.108.040.080 of Chapter 18.108 of the Anaheim Municipal Code set forth sign regula- tions for The Festival; and WHEREAS, the owner of The Festival has applied for an amendment to the Specific Plan to permit additional signs for free-standing tenant spaces; and WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission") held a public hearing at the Civic Center in the City of Anaheim on June 4, 2012, notice of said Public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed amendment to the Specific Plan, and to investigate and make findings and recommendations in conjunction therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said public hearing, did recommend that the City Council approve the proposed amend- ment to the Specific Plan, as requested by the owner of The Festival; and WHEREAS, the City Council did hold a public hearing on the proposed amendment to the Specific Plan, notice of said public hearing having been duly given as required by law; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 at seq.; herein referred to as "CEQA"), the City Council finds and determines that the proposed amendment to the Specific Plan is within that class of projects which consists of, among other things, the construction, or placement of minor structures accessory to existing commercial facilities, including but not limited to on - premise stns and that, therefore, pursuant to Section 15311 of Title 14 of the .California Code of Regulations (herein referred to as the "State CEQA Guidelines ), the proposed amendment to the Speck Plan will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the City Council, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at. said public hearing, including the recommendations of the Planning Commission, does hereby find and determine, with respect to the request for said amendment to Development Agreement, that all of the conditions and criteria for the approval of said amendment are present. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. - That subsection (d)(6) of Section 18.108.040.080 of Chapter 18.108 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended, to read as follows: "6. Freestanding Pad Buildings. The followin are ermifted signs and requirements for a pad with one (1) tenant or multiple tenants (for exam pie, a freestanding restaurant and a bank on one (1� pad a. Each single tenant building shall be permitted one (1) wall sign per building elevation or one (1) wall sign per business for buildings with mul tiple tenants/businesses. The maximum aggregate area of allowable wall signs per building elevation is limited to one square foot of sign area r lineal foot of that building elevation. Wall signs for individual tenants shall not exceed one square foot of area per lineal foot of said tenant's building frontage. b.The single display surface shall be placed parallel to, and in front of, any exterior wall of the building; c. The sign shall be placed on a flat surface and not on a decorative architectural feature of the structure; d.The sign shall not project over or into any public right-of-way; e. The sign shall not project above the parapet of the building; and f. The single display surface, including individual letters, shall not project more than twelve (12) inches beyond the wall or structure to which It is attached. g. One (1) monument sign shall also be permitted. Wall signs shall not be located on the elevation fronting the monument sign location. The sign height of the monument sign shall be a maximum of six (6) feet, its sign width shall be a maximum of eight (B) feet, and its sign area shall be a maxi- mum of forty-eight (48) square Tee;". SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that R would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of or- dinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provi- sions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any rovision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misde• meaner and upon conviction thereof shalPbe punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corpora- tion, and shall be punishable therefore as provided for in this ordinance. [Romainder of page intentionally left blank; signatures on next page] THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 10th day of July, 2012 and thereafter passed and adopted at a regular meeting of said City Council held on the 21st day of August, 2012, by the following roll call vote: AYES: - Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray NOES: None _ ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: /s/ Tom Tait MAYOR OF THE CITY OF ANAHEIM ATTEST: /s/ Linda N. Andal CITY CLERK OF THE CITY OF ANAHEIM _ Publish: Anaheim Bulletin Au ust 30 2012 9506260