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6541 ORDINANCE NO.6 5 41 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 4.04.400 (ARTIC SPECIAL SIGN DISTRICT) OF 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 specified distances of interstate or primary highways. 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 Anaheim Regional Transportation Intermodal Center ("ARTIC") is a multi-modal transit facility located on approximately 16 acres northeast of State Route 57 ("SR- 57"), south of Katella Avenue, and west of the Santa Ana River. ARTIC serves the Amtrak and Metrolink passenger rail systems,Orange County Transportation Authority("OCTA")bus service, taxi service and other modes of travel; and WHEREAS, located on public land and owned and operated by the City of Anaheim, ARTIC opened for rail and bus transit use to members of the general public in December 2014;and WHEREAS, with the adoption of Ordinance No. 6320 on April 7, 2015, the City Council established the ARTIC Special Sign District pursuant to Section 5272.1 of the California Business and Professions Code, which exempts from the OAA advertising displays at a publicly-owned multimodal transit facility that serves passenger rail and that is to serve as a station for a high-speed train system; and. WHEREAS the City Council desires to (1)preserve its authority to allow advertising signs pursuant to Section 5272.1 of the California Business and Professions Code by recognizing the "Transit Special Sign District" with respect to ARTIC and(2)authorize signs for ARTIC subject to location-specific approvals by the City in conformance with Section 5272.1 and under the authority conferred upon it by the City's policy 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- p 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: SECTION 1. That Section 4.04.400(ARTIC Special Sign District)of Chapter 4.04(Outdoor Advertising Signs and Structures - General) of Title 4 of the Anaheim Municipal Code, is hereby amended to read in full as follows: - 2 - 4.04.400 Transit Special Sign District. .010 Establishment. There shall be established in this Section 4.04.400 a special sign district known as the "Transit Special Sign District." The current designation, location and boundaries of the Transit Special Sign District are shown on the map labeled Phase 1 Transit Special Sign District on file with the Public Works Department of the City of Anaheim. Upon the City of Anaheim's issuance of a demolition permit for the existing ARTIC digital sign located on Katella Avenue at the northeastern corner of the Phase 1 Transit Special Sign District, the designation, location and boundaries of the Transit Special Sign District will become as shown on the map labeled Phase 2 Transit Special Sign District on file with the Public Works Department of the City of Anaheim. The current and future boundaries of the Transit Special Sign District are hereby approved with further particulars contained in the referenced maps. .020 Purposes and Findings. In addition to the purposes stated in Section 18.44.010 (Purpose) of Chapter 18.44 (Signs) of this Code, the following purposes apply to the Transit Special Sign District, which constitute findings that form a basis for these regulations and provide guidance for their application. (1) The character of signs along Katella Avenue and Douglass Road and those located on bus passenger shelters and on the passenger rail boarding platforms serving ARTIC adjacent to the railroad corridor and throughout ARTIC is especially significant as they relate to the design of the ARTIC building. (2) Well-placed and visible signs and advertising displays for on-site businesses are essential to the general quality and economic stability of commercial businesses located at ARTIC. Current sign regulations, which are tailored to storefronts typical of the City's commercial districts, do not provide sufficient visibility for businesses located or wishing to locate at ARTIC,having a building height, bulk, appearance and site configuration that differs from that of commercial districts. (3) Well-placed and visible signs and advertising displays which direct attention to a business, commodity, industry or other activity which is sold, offered or conducted elsewhere than on the premises of ARTIC are necessary to ensure that ARTIC remains a viable transportation center, while revenues generated from advertising displays are essential to support the construction, day- to-day operations, long-term maintenance, preservation and enhancement of ARTIC, including facilities management. (4) Signs at parking lot entrances to ARTIC would improve the visual identity of ARTIC, while improving access to its parking facilities and minimizing traffic congestion. (5) The standards established by these regulations are reasonable standards related to the unique nature of ARTIC and to the present and future needs of ARTIC. (6) The standards established by these regulations are deemed to be minimum requirements, forming a basic framework for development and remodeling of signs at ARTIC. They are not intended in any way to preclude further design refinement or review by the City which might consider more restrictive requirements as to any aspects limited herein, or as to additional aspects - 3 - 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. (7) It is a purpose of these regulations to promote appropriate and economically viable signage that (i) uses clear, attractive graphics, (ii) coordinates with the architectural elements of ARTIC, (iii) reflects a vibrant, modern image of ARTIC as the transportation center of the City, (iv) eliminates visual clutter by regulating the number, size, and location of signs, (v) minimizes potential traffic hazards and protects public safety, and (vi) protects street views and scenic vistas of ARTIC. .030 Definitions. The definitions contained in this subsection shall govern the construction, meaning and application of words and phrases used in this Section 4.04.400. "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. "ARTIC" shall mean the multi-modal transit facility located northeast of State Route 57 ("SR- 57"), south of Katella Avenue, and west of the Santa Ana River, currently known and referred to as the "Anaheim Regional Transportation Intermodal Center" or"ARTIC", regardless of whether such facility continues to be known by such name or by any other commercial or non-commercial name. Built at public expense and publicly owned and operated, ARTIC opened for rail and bus transit use to members of the general public in December 2014 as a regional gateway station that will strengthen Orange County's transit system by connecting to existing Metrolink and Amtrak passenger rail service and OCTA bus service and will increase in importance to support future rail service, including the California high-speed train system. The ARTIC building includes commercial space for passenger-oriented retail and restaurants. "ARTIC" shall also mean and include all buildings (including above-ground and below ground portions thereof, and all foundations and supports), building systems and equipment, physical structures (e.g. pedestrian bridges and parking structures), fixtures, hardscape, paving, curbs, gutters, sidewalks, fences, landscaping, advertising displays, and all other improvements of any type or nature whatsoever now or hereafter made or constructed within the boundaries of the Transit Special Sign District suitable for the operation of ARTIC, including replacement improvements. "ARTIC" shall not include the railroad right-of-way or rail system improvements installed, owned and/or operated,or to be installed, owned and/or operated, by Amtrak, Metrolink, the Orange County Transportation Authority or the California High-Speed Rail Authority, including replacement improvements. "Director"means either(i)the Director of Public Works of the City of Anaheim or(ii)such other City department head as may be designated by the City Manager from time to time as the person -4 - responsible for administering the provisions of this Section 4.04.400 and the Transit Special Sign District Coordinated Sign Program. "On-premises advertising display"means any advertising display 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 the ARTIC building. (2) To designate the name of the owner of ARTIC or occupant(s)of commercial space within the ARTIC building or to identify the premises, such as, for example, designating the site as "ARTIC", provided, however, that this exception does not apply to any change in the identity or name of ARTIC on the ARTIC building or site or any advertising display pursuant to an agreement between the City and a sponsor pursuant to which a sponsor is given naming rights or allowed to place its logo, slogan, or advertising on ARTIC or on any advertising display at ARTIC in consideration for some form of payment. (3) To advertise the business conducted, services rendered, goods produced or sold, or activities conducted upon the property on which the advertising display is placed. "Sign" refers to any card, cloth, paper, metal, painted or wooden sign, display or device of any character (including those which may be changed at reasonable intervals by electronic process or by remote control) placed for outdoor advertising purposes on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned, other than an advertising structure."Sign"shall 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) signs for control of traffic and other regulatory purposes, directional warning or information signs or structures required by or authorized by law or by federal, state or county authority. .040 Regulations. .0401 The standards and regulations set forth in that certain Transit Special Sign District Coordinated Sign Program on file in the office of the Director are hereby adopted for the Transit 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 4.08 (Outdoor Advertising Signs and Structures—Near Freeways)of Title 4 or Chapter 18.44 (Signs)of Title 18 of this Code,all signage within the Transit Special Sign District shall comply with all applicable provisions of the Transit Special Sign District Coordinated Sign Program. All construction shall comply with the provisions of the Building Standards Code, as adopted by the City. The Transit Special Sign District Coordinated Sign Program identifies the location of specific advertising displays, as well as all other signs, located or to be located within the Transit Special Sign District, and establishes regulations for advertising displays that include all of the following: (1) The number of signs and total signage area allowed; - 5 - (2) The maximum individual signage area; (3) Minimum sign separation; (4) Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness; and (5) Illuminated sign hours of operation. .0402 All advertising displays shall be on the same side of the interstate or primary highway (as those terms are defined in sections 5215 and 5220 of the California Business and Professions Code)as ARTIC and shall be located within 1,000 feet of the entrance to the ARTIC building. .0403 No advertising displays shall advertise products, goods, or services related to tobacco, firearms, or sexually explicit material. .0404 Beyond the cost of erection, revenues from advertising displays shall be used by the City to support the construction, day-to-day operations, long-term maintenance, preservation and enhancement of ARTIC, including facilities management. .0405 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. .0406 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. .0407 Except as otherwise provided in the Transit Special Sign District Coordinated Sign Program, no sign or other structure or feature shall be placed in any portion of the Transit Special Sign District except such signs, structures and features as are specifically approved by the appropriate public authorities under applicable laws and regulations not inconsistent with this Code and under such conditions as may be imposed by such authorities. .0408 A proposed change in the identity or name of ARTIC on the ARTIC building, ARTIC site or on any advertising display shall be referred by the Director to the City Council for consideration. Any such proposal shall be approved, if at all, by the City Council by resolution. Signs associated with such an approved change in identity or name shall be approved by amendment to the Transit Special Sign District Coordinated Sign Program. .0409 The standards and regulations established in the Transit Special Sign District Coordinated Sign Program and by this Section 4.04.400 are deemed to be minimum requirements. .050 Administration. - 6 - .0501 The Director is authorized to administer the provisions of this Section 4.04.400 and the Transit Special Sign District Coordinated Sign Program. .0502 Construction of signs within the Transit Special Sign District area 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 Transit Special Sign District Coordinated Sign Program and only after any other acts or activities requiring the independent exercise of discretion by the City or any department thereof have occurred, including the issuance of all appropriate permits. .0503 The Director shall have the primary responsibility for ensuring that all signs remain in conformance with the provisions of this Section 4.04.400, the Transit Special Sign District Coordinated Sign Program, and section 5272.1 of the California Business and Professions Code. .0504 Except for those regulations contained in the Transit Special Sign District Coordinated Sign Program and this Section 4.04.400 that are required under and pursuant to section 5272.1 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 Transit 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 ARTIC, provide a unifying element along the streetscape, and be internally consistent in terms of size, scale and style of signs with the scale of ARTIC 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 the Outdoor Advertising Act("OAA, Business and Professions Code, §§5200 et seq.) 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 or modification would increase the number or height of off-premises advertising displays allowed under the Transit 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 Transit Special Sign District Coordinated Sign Program. Nothing contained in this paragraph .0504 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. .0505 Except as otherwise required by section 5272.1 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 Transit Special Sign District Coordinated Sign Program or to enact additional rules and regulations governing this Section 4.04.400 or the Transit Special Sign District Coordinated Sign Program. .0506 Except for amendments or modifications authorized to be made by the Director in paragraph.0504 of this subsection.050,any amendment or modification to the Transit Special Sign - 7 - District Coordinated Sign Program shall be considered and approved, if at all, by the City Council by resolution. (Ord. 6320 § 1; April 7, 2015.) SECTION 4. 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 5. 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 6. 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 4 t h day of Oc t obAr , 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: MAY R PRO TEM OF TH CITY OF ANAHEIM ATTEST: ITY C ERK OF THE CITY OF ANAHEIM 146634 - 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. 6541 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 Tem 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. CL K 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. 6541 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. CITY CL RK OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN LITYMEWS See Proof on Next Page Anaheim Bulletin 1920 Main St.Suite 225 Irvine,California 92614 (714)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. 06-1±0JCY(r)(4-0-a3 Signature ORD-6541 ARTIC Special Sign (5190168) - Page 1 of 2 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6541 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 4.04.400 (ARTIC SPECIAL SIGN DISTRICT)OF CHAPTER 4.04(OUTDOOR ADVERTISING SIGNS AND STRUCTURES-GENERAL) OF TITLE 4 (BUSINESS REGULATION) OF THE ANAHEIM MUNICIPAL CODE This ordinance amends Section 4.04.400 (ARTIC Special Sign District)of Chapter 4.04 (Outdoor Advertising Signs and Structures-General)of Title 4(Business Regulation) of the Anaheim Municipal Code to clarify the standards regarding slgnage within the Transit Special Sign District and adopt the Transit Special Sign District Coordinated Sign Program. I,Theresa Bass,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a summary of Ordinance No. 6541, 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 Tern O'Neil and Council Members Diaz,Ma'ae,Moreno, Valencia,and Faessel NOES: None AABBrSEp a ABSENT: None lR AT6VQf vcanCNy1ne The above summary is a brief description of the sublect matter contained in the text of Ordinance No.6541 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 5:00 AM and 5:00 PM,Monday through Friday.There Is no charge for the copy. 146936/LM Anaheim Bulletin Published:10/13/22 ORD-6541 ARTIC Special Sign (5190168) - Page 2 of 2