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6540 ORDINANCE NO. 6 5 4 0 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 4.04.402 (ARENA SPECIAL SIGN DISTRICT) TO CHAPTER 4.04 (OUTDOOR ADVERTISING SIGNS AND STRUCTURES — GENERAL) OF TITLE 4 (BUSINESS REGULATION) OF THE ANAHEIM MUNICIPAL CODE 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, is 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 signs 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 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 adopted Ordinance No. 6444 on September 11, 2018 establishing the Arena/Stadium Special Sign District ; and WHEREAS, at this time, the City Council desires to (1) preserve its authority to allow advertising signs pursuant to SB 31 by recognizing the "Stadium Special Sign District" with respect to the Anaheim Stadium and the"Arena Special Sign District"with respect to the Anaheim Arena and (2) authorize Stadium Signs and Arena Signs subject to 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 is proposed in conjunction with and is a component of the entitlement of the ocV!BE development, which consists of, among other things, General Plan Amendment No. 2020-00532, Miscellaneous Case No. 2020-00739, Reclassification No. 2020- 00333, Zoning Code Amendment No. 2020-00174, Miscellaneous Case No. 2020-00751, Development Agreement No. 2020-00004, Final Site Plan No. 2020-00004, Final Site Plan No. 2020-00005,Final Site Plan No. 2020-00006,Final Site Plan No. 2020-00007, Final Site Plan No. 2020-00008, amendment to Conditional Use Permit No. 2010-05492, Conditional Use Permit, Minor Conditional Use Permit,and Tentative Tract Map No. 19153 (together"Proposed Project"); and WHEREAS,pursuant to the California Environmental Quality Act(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the 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,by Resolution No. 2022- 0 9 7 , considered and approved by the City Council concurrently with but prior in time to consideration of this ordinance, the City Council found and determined: (i) Addendum No. 11 was prepared for the Proposed Project in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedures; (ii) Addendum No. 11 to Final Subsequent Environmental Impact Report(FSEIR No.339),Mitigation Monitoring Program No. 106C (MMP 106C) adopted for FSEIR No. 339, and Mitigation Monitoring Plan No. 383 (MMP No. 383), together with the previously approved environmental documents for development in the Platinum Triangle, constitute the appropriate environmental documentation for the Proposed Project pursuant to Section 15164 of the State CEQA Guidelines; (iii) none of the conditions described in Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA for this ordinance; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this ordinance,that the facts stated in this ordinance are supported by substantial evidence in the record, including testimony received at the public hearing,the staff presentation,the staff report and all materials in the files for the Proposed Project. There is no substantial evidence that negates the findings made in this ordinance. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it; 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: -2- SECTION 1. That a new Section 4.04.402 (Arena 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: 4.04.402 ARENA SPECIAL SIGN DISTRICT. .010 Establishment. On September 11,2018,the City of Anaheim adopted Ordinance No. 6444 establishing the "Arena/Stadium Special Sign District" exempting certain signs located on the premises of an arena or stadium from provisions of the Outdoor Advertising Act("OAA,"Chapter 2 of the California Business and Professions Code, commencing at section 5200)as authorized by Senate Bill No. 31 (2013 Reg. Sess.). Consistent with the provisions of Ordinance No. 6444, this Section 4.04.402 provides for a special sign district known as the "Arena Special Sign District," the designation,location,and boundaries of which are shown on the map of the Arena 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. .020 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 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 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 Special Sign District. The City therefore desires to establish an Arena Special Sign District Coordinated Sign Program for the Arena Special Sign District. (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 Special Sign District are necessary to help ensure that Arenas (as defined in this Section) remain viable sports and/or entertainment centers. Revenues generated from Arena signs could benefit areas outside of the Arena Special Sign District in addition to supporting the construction, day-to-day operations, long-term maintenance, capital improvements,preservation and enhancement of businesses within the Arena Special Sign District, including facilities management. In addition, Arena 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 Special Sign District and the present and future needs of Arenas in the City. (4) The standards established by these regulations are essential requirements, forming a basic framework for future signs within the Arena Special Sign District. They are not intended in any way to mandate any advertising display in the Arena Special Sign District, or to 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 -3- representation, relationship of signs to one another and to architectural features, or to the general quality of design for signs proposed in the Arena Special Sign District. (5) The intent of these regulations is to promote appropriate and economically viable signage that(a) coordinates with architectural elements within the Arena Special Sign District; (b)reflects a vibrant, contemporary image of the Arena 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. .030 Definitions. The definitions contained in this subsection shall be consistent with the terms and conditions of section 5272 of the California Business and Professions Code and Section 18.44.030 of this Code, and shall govern the construction, meaning and application of words and phrases used in this Section 4.04.402. "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"means a venue for professional sports on a permanent basis that has a capacity of 15,000 or more seats. "Arena Special Sign District"means that area designated by City Council and shown 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 structure or any structure physically connected to an Arena 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 4.04.402 and the Arena Special Sign District Coordinated Sign Program. "On-premises advertising display" means any advertising display on the Arena property or within the Arena Special Sign District encompassing the Arena, 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 Special Sign District. (2) To designate the name of the owner or occupant of an Arena or to identify an Arena. (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 -4- 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 on a regular basis, or to advertise any products, goods, or services marketed or promoted on the premises of an Arena 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 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, or conduct promotions,public relations, or marketing activities on the premises of an Arena. .040 Regulations. .0401 The standards and regulations set forth in that certain Arena Special Sign District Coordinated Sign Program approved concurrently herewith and on file with the office of the Director, are hereby adopted for the Arena 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 Special Sign District shall comply with all applicable provisions of the Arena Special Sign District 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 Special Sign District Coordinated Sign Program identifies the location of specific advertising displays within the Arena Special Sign District that are 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. .0402 All advertising displays shall be located within the boundaries of the Arena Special Sign District and either(i)positioned within 1,000 feet of a qualifying Arena structure or any structure physically connected to an Arena structure and may be separated from the Arena by public or private rights-of-way or (ii) bearing the name or logo of the Arena and visible when approaching offramps from the interstate,primary or state highways that are used to access the Arena.No Arena shall be permitted more than two advertising displays allowed under(ii). -5- .0403 No advertising displays shall advertise products, goods, or services related to tobacco, firearms, or sexually explicit material. .0404 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. .0405 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. .0406 Except as otherwise permitted by the Arena Special Sign District Coordinated Sign Program;existing sign approvals,or 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 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. .0407 The standards and regulations established in the Arena Special Sign District Coordinated Sign Program and by this Section 4.04.402 are deemed minimum requirements. .050 Administration. .0501 The Director is authorized to administer the provisions of this Section 4.04.402 and the Arena Special Sign District Coordinated Sign Program. .0502 Construction of signs within the Arena 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 Special Sign District Coordinated Sign Program and only after any other acts or activities requiring the exercise of discretion by the City or any department thereof have occurred,including but not limited to approval of an Arena Special Sign District Coordinated Sign Program/Arena Sign Permit and compliance with CEQA. .0503 An Arena Special Sign District Coordinated Sign Program / Arena Sign Permit application shall be first reviewed by the Director to determine how the standards of the Arena Special Sign District Coordinated Sign Program have been incorporated into the location and design of the proposed signs and all their elements, and whether these standards have been successfully integrated with the requirements of this Section to create and position signs that are consistent with the purposes of this Section and which represent exceptional quality, enhance community design, and are 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. .0504 Prior to approving an Arena Special Sign District Coordinated Sign Program / Arena Sign Permit pursuant to this Section, the City Council shall find that all of the following are true: (a) The proposed signs exhibit design quality and incorporate 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; -6- (b) The proposed signs are 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 the approvals pursuant to this Section does not constitute a grant of special privileges beyond the scope of the OAA. .0505 The Director shall have the primary responsibility for ensuring that all signs remain in conformance with the provisions of this Section 4.04.402, the Arena Special Sign District Coordinated Sign Program, Chapter 18.44 of this Code, and section 5272 of the California Business and Professions Code. .0506 Except for those regulations contained in the Arena Special Sign District Coordinated Sign Program and this Section 4.04.402 that are required under and pursuant to section 5272 of the California Business and Professions Code (as the same may be amended from time to time), the Director is authorized to amend or modify from time to time the regulations contained in the Arena Special Sign District Coordinated Sign Program relating to any advertising display that he or she may deem necessary and advisable, subject to consultation with the City Attorney and the written approval of the City Manager, so long as the Director finds and determines that any such amendment or modification does not violate any other provisions of this Code and shall complement the architecture of the Arena, provide a unifying element along the streetscape, and be internally consistent in terms of size, scale and style of signs with the scale of the Arena and the surrounding land uses;provided further that any amendment or modification does not increase the number or height of advertising displays that are regulated by OAA and not subject to exception from the OAA under section 5272, subdivision (a) of the Business and Professions Code ("off- premises advertising display"). The Director shall refer a proposed amendment or modification to the City Council if he or she determines that the general public interest warrants such referral or the proposed amendment/modification would increase the number or height of off-premises advertising displays allowed under the Arena Special Sign District Coordinated Sign Program. In such instances, the City Council shall consider the recommendation of the Director and, by resolution,determine whether to adopt any such proposed amendment or modification to the Arena Special Sign District Coordinated Sign Program. Nothing contained in this paragraph .0506 shall be interpreted to authorize the Director to amend or modify any of the regulations set forth in Subsection .040 of this Section 4.04.400. .0507 Except as otherwise required by section 5272 of the California Business and Professions Code, nothing in this subsection .050 is intended to limit the City Council's ability to amend or modify the Arena Special Sign District Coordinated Sign Program or to enact additional rules and regulations governing this Section 4.04.402 or the Arena Special Sign District Coordinated Sign Program. .0508 Except for amendments or modifications authorized to be made by the Director in paragraph .0506 of this subsection .050, any amendment or modification to the Arena Special Sign District Coordinated Sign Program shall be considered and approved, if at all, by the City Council by resolution. -7- 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. -8- THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 27th day of September, 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the 4th day of October , 2022, by the following roll call vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] CITY OF ANAHEIM By: MA R PRO TEM OF THE CITY OF ANAHEIM (eITE CITY CL RI(OF THE CITY OF ANAHEIM 146644 -9- CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6540 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 27th day of September, 2022, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 4th day of October, 2022, by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia, and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 5th of October, 2022. (1- --e , ...._, CITY CLERK OF THE CITY OF ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6540 and was published in the Anaheim Bulletin on the 13th day of October, 2022, pursuant to Section 512 of the City Charter of the City of Anaheim. C CITY CL RK OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN QT MENS See Proof on Next Page Anaheim Bulletin 1920 Main St.Suite 225 Irvine,California 92614 5714)796-2209 200 S.Anaheim Blvd., Suite 217 Anaheim, California 92805 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I 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 County, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Irvine , County of Orange County, 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: 10/13/2022 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:Oct 13, 2022. Signature ORD-6540 Arena Sign (5190168) - Page 1 of 2 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6540 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 4.04.402(ARENA SPECIAL SIGN DISTRICT) TO CHAPTER 4.04 (OUTDOOR ADVERTISING SIGNS AND STRUCTURES - GENERAL) OF TITLE 4 (BUSINESS REGULATION) OF THE ANAHEIM MUNICIPAL CODE This ordinance adds a new Section 4.04.402(Arena Special Sign District)to Chapter4.04 (Outdoor Advertising Signs and Structures-General)of Title 4(Business Regulation) of the Anaheim Municipal Code to clarity the established standards regarding signage within the Arena Special Sign District and approve the Arena Special Sign District Coordinated Program/Arena Sign Permit. I,Theresa Bass,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a summary of Ordinance No. 6540, which ordinance was Introduced at a regular meeting of the City Council of the City of Anaheim on the 27th day of September,2022 and was duly passed and adopted at a regular meeting of said Council on the 4th day of October,2022 by the following roll call vote of the members thereof: AYES: Mayor Pro Tem O'Neil and Council Members Dlaz,Ma'ae,Moreno, Valencia,and Faessel NOES: None ABSENT:gT � p Nonepn NUM VaCaf1& The above summary Is a brief description of the sublect matter contained in the text of Ordinance No.6540 which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim.This summary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. 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,Monday through Friday.There is no charge for the copy. 146935/LM Anaheim Bulletin Published:10/13/22 ORD-6540 Arena Sign (5190168) - Page 2 of 2