Loading...
6444ORDINANCE NO. 6 4 4 4 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 4.04.401 TO CHAPTER 4.04 (OUTDOOR ADVERTISING SIGNS AND STRUCTURES — GENERAL) OF TITLE 4 (BUSINESS REGULATION) OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING THE ARENA/STADIUM SPECIAL SIGN DISTRICT AND DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15060(C)(2), 15060(C)(3) AND 15061(B)(3) OF THE STATE CEQA GUIDELINES, BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT BECAUSE THERE IS NO POSSIBILITY THAT IT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND BECAUSE IT IS NOT A PROJECT AS DEFINED IN SECTION 15378 OF THE CEQA GUIDELINES WHEREAS, the Outdoor Advertising Act (Chapter 2 of the California Business and Professions Code, commencing at Section 5200; herein referred to as the "OAA") regulates the size, illumination, orientation and location of advertising displays within views of interstate or primary highways in California. With some exceptions, the OAA prohibits 'off -premises" advertising displays from being placed or maintained within a 660 -foot wide controlled area at the edge of interstate or primary highways. State Route 57 ("SR -57) is a "primary highways" and, therefore, subject to the regulation of advertising displays under the OAA; and WHEREAS, the OAA generally does not apply to "on -premises" advertising displays, which include those advertising the sale of the property upon which they are placed or that advertise the business conducted, services rendered, or goods produced or sold on the property. The City of Anaheim ("City"), as do all local governments, regulates "on -premises" and "off - premises displays; and WHEREAS, by the enactment of Senate Bill 31 in 2013 ("SB 31"), section 5272 of the California Business and Professions Code was amended to exempt from the OAA specified advertising displays authorized by local ordinance at the premises of an arena. SB 31 defines an arena as a venue for indoor or outdoor sports, concerts, or other events (herein referred to as an "Arena/Stadium") and exempts certain advertising displays from provisions of the OAA if the Arena/Stadium (1) is capable of providing a permanent venue for professional sports; (2) has a capacity of 15,000 seats or more; and (3) the advertising display is either located on the Arena/Stadium premises or is authorized by a local ordinance and bears the name or logo of the Arena/Stadium and is visible from highways used to access the Arena/Stadium. If specified conditions are met, certain advertising displays ("Arena/Stadium Signs") are allowed to advertise any products, goods, or services sold within that Arena/Stadium on a regular basis, or marketed or promoted in the Arena/Stadium pursuant to a sponsorship marketing plan, as defined, except tobacco, firearms, or sexually explicit material; and WHEREAS, in order to preserve its future ability to allow Arena/Stadium Signs pursuant SB 31, the City of Anaheim must adopt an ordinance authorizing Arena/Stadium Signs prior to January 1, 2019; and WHEREAS, at this time, the City Council desires to preserve its authority to allow Arena/Stadium Signs pursuant to SB 31 and therefore seeks to establish an "Arena/Stadium Special Sign District" authorizing Arena/Stadium Signs subject to future location -specific approvals by the City in conformance with Section 5272 of the California Business and Professions Code and under the authority conferred upon it by the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution; and WHEREAS, this ordinance establishes the Arena/Stadium Special Sign District, and preserves the City's ability to recognize advertising displays subject to future location -specific approvals by the City pursuant to the terms of the OAA as a legitimate form of commercial use in the City; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Section 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a "project," as that term is defined in Section 15378 of the State CEQA Guidelines; and WHEREAS, the City Council determines that this ordinance is in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That new Section 4.04.401 (Arena/Stadium Special Sign District) is hereby added to Chapter 4.04 (Outdoor Advertising Signs and Structures — General) of Title 4 (Business Regulation) of the Anaheim Municipal Code to read in full as follows: 2 4.04.401 ARENA/STADIUM SPECIAL SIGN DISTRICT A. Establishment. There shall be established in this Section 4.04.401 a special sign district known as the "Arena/Stadium Special Sign District," the designation, location, and boundaries of which are shown on the map of the Arena/Stadium Special Sign District on file with the Planning and Building Department of the City of Anaheim, which boundaries are hereby approved and to which map reference is hereby made for further particulars. B. Purposes and Findings. In addition to the purposes set forth in Section 18.44.010 of this Code, the following purposes apply to the Arena/Stadium Special Sign District, which constitute findings that form a basis for these regulations and provide guidance for their application. (1) Well-placed and visible signs and advertising displays for on-site businesses are beneficial to the general quality and economic stability of commercial businesses located in the Arena/Stadium Special Sign District. Current sign regulations, which are tailored to storefronts typical of the City's commercial districts, do not provide sufficient visibility and design opportunities within the Arena/Stadium Special Sign District. The City therefore desires to establish an Arena/Stadium Coordinated Sign Program for the Arena/Stadium Sign District pursuant to which future applications will be reviewed. (2) Well-placed and visible signs and advertising displays that direct attention to a business, commodity, industry or other activity that is sold, offered or conducted elsewhere than on the premises of businesses within the Arena/Stadium Special Sign District are necessary to help ensure that Arena/Stadiums remain a viable sports and/or entertainment center. Revenues generated from Arena/Stadium Signs could benefit areas outside of the District in addition to supporting the construction, day-to-day operations, long-term maintenance, capital improvements, preservation and enhancement of businesses within the Arena/Stadium Special Sign District, including facilities management. In addition, Arena/Stadium Signs may be used at times to provide public information. (3) The standards established by these regulations are reasonable standards related to the unique nature of the Arena/Stadium Special Sign District and the present and future needs of Arena/Stadiums in the City. (4) The standards established by these regulations are essential requirements, forming a basic framework for future signs within the Arena/Stadium Special Sign District. They are not intended in any way to mandate any advertising display in the Arena/Stadium Special Sign District, or preclude further design refinement or review by the City that might consider more restrictive requirements as to any aspects limited herein, or as to additional aspects such as materials, color, graphics, types of representation, relationship of signs to one another and to architectural features, or to the general quality of design for signs proposed in the Arena/Stadium Sign District. 3 (5) The intent of these regulations is to preserve the City's ability to consider applications that may be submitted for appropriate and economically viable signage that (a) coordinates with architectural elements within the Arena/Stadium Special Sign District; (b) reflects a vibrant, contemporary image of the Arena/Stadium Special Sign District as a significant sports and/or entertainment center of the City; (c) limits visual clutter by regulating the number, size, and location of signs; and (d) controls potential traffic hazards and protects public safety. C. Definitions. The definitions contained in this subsection shall be consistent with the terms and conditions of section 5772 of the OAA and Section 18.44.030 of this Code, and shall govern the construction, meaning and application of words and phrases used in this Section 4.04.401. "Advertising display" refers to advertising structures and to signs. "Advertising structure" means a structure of any kind or character erected, used, or maintained for outdoor advertising purposes, upon which any poster, bill, printing, digital or electronic display, painting or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes. "Advertising structure" does not include: (a) official notices issued by any court or public body or officer, (b) notices posted by any public officer in performance of a public duty or by any person in giving any legal notice, and (c) directional, warning or information structures required by or authorized by law or by federal, state or county authority. "Arena/Stadium" means a venue for professional sports on a permanent basis that has a capacity of 15,000 or more seats. "Arena/Stadium Special Sign District" means that area designated by City Council and show on the map on file with the Planning and Building Department of the City of Anaheim as the same may be amended by City Council from time to time, and that extends no more than 1,000 feet from an Arena/Stadium structure or any structure physically connected to the Arena/Stadium structure. "Director" means either (i) the City of Anaheim Planning & Building Director or (ii) such other City department head as may be designated by the City Manager from time to time as the person responsible for administering the provisions of this Section 4.04.401. "On -premises advertising display" means any advertising display on the Arena/Stadium property or within the Arena/Stadium Special Sign District encompassing the Arena/Stadium, adjacent to it, or separated only by public or private rights-of-way, and used exclusively for any of the following purposes: (1) To advertise directions to, and the sale, lease, or exchange of real property upon which the advertising display is placed, including the lease of commercial space at buildings within the Arena/Stadium Special Sign District. (2) To designate the name of the owner or occupant of the Arena/Stadium or to identify the Arena/Stadium. 4 (3) To advertise the business conducted, services rendered, or goods produced or sold upon the property on which the advertising display is placed if the display is on the same side of the highway and within 1,000 feet of the point on the property or within 1,000 feet of the entrance to the site at which the business is conducted, services are rendered, or goods are produced or sold. (4) To advertise products, goods, or services sold by persons on the premises of an Arena/Stadium on a regular basis, or to advertise any products, goods, or services marketed or promoted on the premises of an Arena/Stadium pursuant to a sponsorship -marketing plan. "Sponsorship marketing plan" means an agreement between the property owner, facility owner, facility operator, or occupant of the premises of an Arena/Stadium and a sponsor pursuant to which the sponsor is allowed to include its logo, slogan, or advertising on advertising displays and that meets both of the following conditions: (1) The sponsorship marketing plan is for a period of not less than one year; and (2) The sponsorship marketing plan grants the sponsor the opportunity to display its logo, slogan, or advertising in the interior of structures on the premises of an Arena/Stadium, or conduct promotions, public relations, or marketing activities on the premises of an Arena/Stadium. D. Regulations. (1) With respect to the Arena/Stadium Special Sign District, the standards and regulations set forth in that certain Arena/Stadium Coordinated Sign Program approved concurrently herewith and on file with the office of the Director, are hereby adopted for the Arena/Stadium Special Sign District and are incorporated herein by this reference as though fully set forth in this Section. Notwithstanding anything to the contrary in Chapter 18.44 (Signs) of this Code, all signage within the Arena/Stadium Special Sign District shall comply with all applicable provisions of the Arena/Stadium Coordinated Sign Program. All construction shall comply with the provisions of the Buildings and Construction Code, as adopted by the City in Title 15. The Arena/Stadium Coordinated Sign Program identifies the potential locations of advertising displays, within the Arena/Stadium Special Sign District authorized by this Chapter and by Section 5272 of the California Business and Professions Code as amended pursuant to Senate Bill No. 31 (2013-2014 Reg. Sess.) § 1.), and establishes regulations for such advertising displays that include all of the following: (a) The number of signs and total signage area allowed; (b) The maximum individual signage area; (c) Minimum sign separation; (d) Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness; and (e) Illuminated sign hours of operation. (2) All advertising displays shall be on the same side of the highway as the qualifying Arena/Stadium and shall be located within 1,000 feet of the entrance to the Arena/Stadium site. (3) No advertising displays shall advertise products, goods, or services related to tobacco, firearms, or sexually explicit material. (4) No advertising display shall cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code. (5) Every sign pertaining to an active business establishment shall be adequately maintained in its appearance. When the activity for which the business sign has been posted has ceased operation for more than 90 days, all signs pertaining to that business activity shall be removed after that time. (6) Except as otherwise provided in the Arena/Stadium Coordinated Sign Program; existing signs; or signs authorized by State law or other provisions of the Anaheim Municipal Code, no sign or other structure or feature shall be placed in any portion of the Arena/Stadium Special Sign District except such signs, structures and features as are specifically approved by the appropriate public authorities under applicable laws and regulations consistent with this Code and under such conditions as may be imposed by such authorities. (7) The standards and regulations established in the Arena/Stadium Coordinated Sign Program and by this Section 4.04.401 are deemed minimum requirements. E. Administration. (1) The Director is authorized to administer the provisions of this Section 4.04.401 and the Arena/Stadium Coordinated Sign Program. (2) Construction of signs within the Arena/Stadium Special Sign District may commence only after the Director finds that the construction proposal is in substantial compliance with these regulations and all applicable policies and regulations of the Arena/Stadium Coordinated Sign Program and only after any other acts or activities requiring the subsequent exercise of discretion by the City or any department thereof have occurred, including but not limited to issuance of an Arena/Stadium Sign Permit and compliance with CEQA. (3) Each Arena/Stadium Sign Permit application shall be first reviewed by the Director to determine how the standards of the Arena/Stadium Coordinated Sign Program have been incorporated into the location and design of the proposed sign and all its elements, and whether these standards have been successfully integrated with the requirements of this Section to create and position a sign that is consistent with the purposes of this Section and which represents exceptional quality, enhances community design, and is harmonious with the City's community character. Following the Director's review, the application will be submitted to the City Council for review and approval or disapproval. 11 (4) Prior to approving an Arena/Stadium Sign Permit pursuant to this Section, the City Council shall find that all of the following are true: (a) The proposed sign exhibits design quality and incorporates high quality materials that enhance the overall development and appearance of the site and will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic; (b) The proposed sign is consistent with the goals, policies, and standards of the City's General Plan and any applicable specific plan or any applicable land use regulation; and (c) That the granting of an Arena/Stadium Sign Permit pursuant to this Section does not constitute a grant of special privileges beyond the scope of the OAA. (5) The Director shall have the primary responsibility for ensuring that all signs remain in conformance with the provisions of this Section 4.04.401, the Arena/Stadium Coordinated Sign Program, Chapter 18.44 of this Code, and Section 5272 of the California Business and Professions Code. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. 7 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 28th day of August 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the 11 thday of September , 2018, by the following roll call vote: AYES:Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT:Council Member Murray ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTE PVT�IU5 kc CITY CLERK OF THE CITY OFA AHEIM 126538/.8 LM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM CLERK'S CERTIFICATE ss. 1, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6444 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 28th day of August and was duly passed and adopted at a regular meeting of said City Council held on the 11th day of September, 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: Council Member Murray ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of September, 2018. (SEAL) Anaheim Bulletin 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 FILE NO. Ordinance 6444 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 09/20/2018 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: September 20, 2018. L&ri Signature PROOF OF PUBLICATION Legal No. 0011173707 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6444 AN ORDINANCE OFTHE CITY OF ANAHEIM ADDING SECTION4.04.401 TO CHAPTER 4.04 (OUTDOOR AD- VERTISING SIGNS AND STRUCTURES - GENERAL) OF TITLE 4 (BUSINESS REGULATION) OF THE ANA- HEIM MUNICIPAL' CODE ESTABLISHING THE ARENA/STADIUM SPECIAL SIGN DISTRICT AND DE- TERMINING THAT THIS ORDINANCE IS NOT SUB- JECTTOTHE CALIFORNIA ENVIRONMENTAL QUAL- ITY ACT (CEQA) PURSUANT TO SECTION 15060(C)(2), i 15060(C)(3) AND 15061(B)(3) OF THE STATE CEQA GUIDELINES, BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDI- RECT PHYSICAL -CHANGE IN THE ENVIRONMENT BECAUSE THERE I5 NO POSSIBILITY THAT IT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRON- MENT AND BECAUSE IT IS NOT A PROJECT AS DE- FINED IN SECTION 15378OF THE CEQA GUIDELINES i This orslinonce adds Section 4.04.401 to Chapter 4.04 (Outdoor Adver- t tising Signs and Structures -General) of Title 4 (Business Reoula- tion) of the Anaheim Municipal Code to establish the Arena/Stadium c Special Sign District, which authorizes subject to further review and 5 6pprovai;'ArendfStad um-Slons Pursuantto Senate Bill 31-and-Sectiorr 5272 of the California Business andProfessions Code. I, f' 1, Linda N. Andal; City Clerk of the City of Anaheim, do hereby certi- n fy that the foregoing is a summary of Ordinance No. 6444, which ordi- C nance was introduced at a regular meeting of the City Council of the a City of Anaheim on the 28th day of August, 2018 and was duly passed Sand adopted at a regular meeting of sold Corincll on the Jim day of o1 September, L018 by the following. roll call: vote of the members there - AYES: Mayor Tait and Council Members Moreno;Vanderbilt, Barnes, kring and Faessel A� NOES: None AE ABSENT: Council Member Murray Th ABSTAIN: None tai suc The above summary iso brief description'of the subiect matter con me tamed in the text of Ordinance No. 6444, which has been prepared Pur - an suant to Section 512 of the Charter of the City of Anaheim. This sum- na mary does not include or describe every provision of the ordinance and shguld,q lied. on as a substitute for the4text of the ordi- To nonce.r. ,d,. ., Of� M To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765.5166, between 8,00 AM and 5:00 PM, Pu Monday through Friday. There is no charge for the copy. Published Anaheim Bulletin September 20, 2018 11173707 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. 6444 and was published in the Anaheim Bulletin on the 20th day of September 2018. ke W113h4d.- I I ®R-` N 2 401 (SEAL)