Loading...
5697ORDINANCE NO. 5697 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 1 TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN NO. 90-1, AMENDING ORDINANCE NO. 5109, AS PREVIOUSLY AMENDED, AND AMENDING SUBSECTION .080 OF SECTION 18.74.080 OF CHAPTER 18.74 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council of the City of Anaheim adopted Ordinance No. 5110 amending the zoning map to reclassify certain real property described therein into the Anaheim Hills Festival Specific Plan No. 90-1 Zone subject to certain conditions as specified therein, and Ordinance No. 5109 relating to establishment of zoning and development standards for Specific Plan 90-1 by the addition of Chapter 18.78 to said Code; and WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council of the City of Anaheim adopted its Resolution No. 90R-86 approving the Anaheim Hills Festival Specific Plan No. 90-1 and Resolution No. 90R-87 approving Zoning and Development Standards with conditions of approval for Specific Plan No. 90-1; and WHEREAS, in connection with adoption of Specific Plan No. 90-1 (Anaheim Hills Festival), the City Council certified Supplemental EIR No. 300 and adopted the corresponding Mitigation Monitoring Program (Attachment C of Resolution No. 90R-86); and WHEREAS, on July 28, 1992 the City Council amended Specific Plan No. 90-1 by approving Resolution No. 92R-160 (amending Resolution Nos. 90R-86 and Resolution No. 90R-87) and adopting Ordinance No. 5324 (amending Ordinance No. 5110) amending conditions of approval of the Specific Plan and the Zoning and Development Standards relating thereto ("Amendment No. 1"); and WHEREAS, on July 22, 1997 the City Council amended Specific Plan No. 90-1 by approving Resolution No. 97R-41 (amending Resolution Nos. 9OR-86 and Resolution No. 90R-87) and adopting Ordinance No. 5603 (amending Ordinance No. 5110) amending conditions of approval of the Specific Plan and the Zoning and Development Standards relating thereto ("Amendment No. 2") ; and 0 WHEREAS, on August 18, 1998, the City Council amended Specific Plan No. 90-1 by approving Resolution No. 98R-164 (Amending Resolution Nos. 90R-86 and Resolution No. 90R-87 and adopting Ordinance No. 5645 (amending Ordinance No. 5109) to permit senior citizen apartments in Development Area 4 and amending the Zoning and Development Standards relating thereto ("Amendment No. 3"); and WHEREAS, the proposed adjustment requests amendment of the theater sign standards to permit a second wall sign for Edwards Cinemas; and WHEREAS, on July 1999, the Anaheim City Planning Commission considered and approved the proposed Adjustment No. 1 and recommended to the City Council that it adopt an ordinance incorporating said proposed adjustment; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council has determined that the project is categorically exempt from CEQA under CEQA Guidelines Section 15061(b)(3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN that Ordinance No. 5109 be, and the same is hereby, amended to revise the zoning and development standards in Chapter 18.74 of the Anaheim Municipal Code as set forth in Section 1 as follows: SECTION 1. That subsection .080 of Section 18.74.040 of Chapter 18.74 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to modify clause 18.74.040.080.(d)5(a)) to read as follows: ".080 Sign Regulations. The Anaheim's Municipal Code Chapter by the following sections: standards of the City of 18.05 shall be replaced in total (a) Purpose and Intent. The intent of The Festival sign regulations is to provide the standards necessary to achieve a visually coordinated, balanced and attractive sign environment for The Festival. The specifications within this section are intended to help achieve visual identification and unity for the uses. 2 Each sign shall be designated, constructed and installed in accordance with these regulations, prior to tenant opening for business in the center. Compliance with these sign regulations shall be strictly enforced by the landlord. Any nonconforming or illegally installed signs shall be removed by the tenant or his/her sign contractor at their expense. (b) Definitions. 1. Animated Signs: Signs designated to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs. 2. Banner Signs: Any sign made of fabric, paper or other lightweight material, whether or not it is enclosed by a rigid frame, attached to any exterior wall or portion of a building or other structure. 3. Building Frontage: The linear length of a building directly facing a public street, alley, parking area or pedestrian walkway, which contains a public entrance, not including bay windows or other ornamental trim. 4. Canopy or Cantilever Signs: Any sign placed on, or supported entirely by, a rigid shelter or other structure projecting out from any exterior wall or portion of a building or other structure. 5. Directional Signs: Signs which contain any of the following words: "entrance," "enter," "out," "one-way," or words which contain non -flashing arrows or other characters indicating traffic direction and which do not contain advertising matter. 6. Monument Signs: Any freestanding sign connected to the ground with a base designed to be architecturally compatible with The Festival and advertising The Festival and/or retailer located in The Festival. 7. Projecting Signs: Signs other than Wall Signs (as defined below in 18.74.040.080(b)15.) which are 3 suspended from, or supported by, a building or wall and which project. 8. Roof Signs: Signs erected, constructed and maintained upon, or connected to, the roof of any building. 9. Shopping Center Identification Signs: Freestanding signs which advise or direct attention to The Festival or to an area having three (3) or more separate businesses located on a single parcel or lot. 10. Sign Area: That area encompassing the sign lettering. 11. Sign Height: Maximum vertical dimension of a sign or sign structure measured from the grade directly below that point. 12. Sign Width: Maximum horizontal dimension of a sign or sign structure. 13. Temporary Signs: Signs erected for a temporary purpose, (such as announcing a proposed use or indicating "for sale" or "for lease"), and not to exceed a period of six (6) months, including pennants, valances, or advertising displays constructed of wood, metal, fiberglass or plastic. 14. Under -Canopy Signs: Unlighted or luminous signs attached to the underside of a projecting canopy perpendicular to the Building Frontage. 15. Wall Signs: Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than twelve (12) inches from the building or structure wall. 16. Window Signs: Signs painted, attached, glued or otherwise affixed to the interior of a window or otherwise easily visible from the exterior of the building. Such signs may be temporary or permanent (painted). (c) Prohibited Signs. 4 1. Animated Signs, flashing, audible and intermittent signs. 2. Projecting Signs which project into the public right-of-way. 3. Portable signs. 4. Mechanical movement. 5. Projecting Signs that project above a parapet or the highest point of a roof. 6. Vehicle -mounted signs. 7. Painted Wall Signs — other than building addresses. 8. Roof Signs. 9. Exposed lamps. 10. Signs that by color, wording, design, location, or illumination resemble or conflict with any traffic control device or impede safe and efficient flow of traffic. 11. Signs that create a safety hazard by obstructing the clear view of pedestrian and/or vehicular traffic. 12. Balloons and searchlights. (d) Permitted Signs: 1. Shopping Center Identification Sign. Sign locations are shown on Exhibit No. 16, Monumentation and Signage Plan, to the Specific Plan. This Exhibit shows primary signage only. Additional signs as specified by this section will also be permitted. Three Shopping Center Monument Identification Signs shall be permitted for The Festival. The maximum Sign Height and Sign Area shall be six (6) feet from grade and one hundred twenty (120) 61 square feet, respectively, for a sign designed into a wallscape. The maximum Sign Width shall be twenty (20) feet. Such signs shall be located in compliance with the City of Anaheim line of sight requirements. 2. Major Tenant Identification Signs. (a) Two Monument Signs shall be permitted on Santa Ana Canyon Road. The maximum Sign Height of the Monument Signs shall be twenty (20) feet with a maximum Sign Width of ten (10) feet. Up to five tenant names may be located on each sign and the maximum Sign Area shall be one hundred fifty (150) square feet. The sign letters shall have a maximum letter height of twenty-four (24) inches. (b) One low Monument Sign shall be permitted. The maximum Sign Height and Sign Area of the low Monument Sign shall be six (6) feet and one hundred twenty (120) square feet, respectively. The low Monument Sign shall be designed into a wall scape. The maximum Sign Width shall be twenty feet. Up to four tenant names may be located on the low Monument Sign (which is to be located at the intersection of Roosevelt Road and Festival Drive). 3. Major Retailer Identification. Permitted signs and requirements: (a) A primary Wall Sign is permitted on store fascia and/or rear elevations (only for the upper level retailers in excess of 15,000 square feet in Development Area 2) for each major retailer (a tenant who leases in excess of fifteen thousand (15,000) square feet) provided, however, that there shall be a maximum of two primary Wall Signs per retailer. The Sign Area of the primary Wall Sign shall be a maximum of one hundred sixty (160) square feet, and it shall have a maximum Sign Height of six (6) feet and a maximum Sign Width of forty (40) feet. The sign letters shall have a maximum letter 1.1 height of seventy-two (72) inches and total thirty (30) feet in length. (b) One secondary Wall Sign shall be permitted on any wall facing The Festival or a street. The sign Area shall not exceed one-half (1/2) the size of the primary sign. The sign letters shall be a maximum letter height of thirty-six (36) inches and total thirty (30) feet in length. 4. In -Line Shop Buildings. (a) One primary Wall Sign per store shall be permitted with the maximum letter height of thirty (30) inches. In the event that two rows of letters are required, the maximum letter height shall be twelve (12) inches per row with the total height not to exceed thirty (30) inches. In no case shall the Sign Width be greater than thirty (30) feet nor total Sign Area exceed twenty percent (20o) of the storefront footage. (b) For retail stores located on a corner, one secondary Wall Sign shall be permitted on the side of each store. The Sign Area shall not exceed one-half (1/2) the size of the primary sign. (c) One Under -Canopy Sign per tenant not to exceed eighteen (18) square feet in Sign Area shall also be permitted per store. 5. Theater Marquee. Permitted signs and requirements. (a) Two vertical wall signs. One sign shall be located over the theater's main entrance and total no more than one hundred sixty (160) square feet in Sign Area. The Sign Width shall not exceed forty (40) feet and the Sign Height shall not exceed six (6) feet. The second sign shall be located at the northwest corner of the western building elevation and shall not exceed 90 square feet. The Sign Width shall not exceed five (5) feet. In addition, three (3) minimum 24 -inch box 7 Eucalyptus trees shall be planted along the western property line to screen this sign from the adjacent residential properties. (b) One theater marquee sign. The sign shall be located at the intersection of Festival Drive and Santa Ana Canyon Road and total no more than one hundred sixty (160) square feet in Sign Area. The Sign Height shall not exceed (20) feet and the Sign Width shall not exceed ten (10) feet. (c) Eight (8) poster boxes shall be permitted on the front of the theater not exceed four (4) feet by six (6) feet. 6. Freestanding Pad Buildings. The following are permitted signs and requirements for a pad with one tenant or multi -tenant (for example a freestanding restaurant or bank on a pad): (a) Each single tenant building shall be permitted one primary Wall Sign of a maximum letter height of thirty-six (36) inches. In the event that two rows of letters are required, the maximum letter height shall be eighteen (18) inches per row. For multi -tenant buildings, one primary sign on the building face and one primary sign on any corner elevation visible from the parking area or adjacent roadways shall be permitted. In no case shall the Sign Width be greater than thirty (30) feet or the Sign Area exceed twenty percent (200) of the storefront square footage. (b) One secondary Wall Sign shall be permitted on one elevation not containing the primary sign and one Monument Sign shall also be permitted. The secondary Wall Sign shall be one-half the size of the primary sign and not be located on the elevation fronting the Monument Sign location. If the business owner so desires, he/she may have two secondary Wall Signs in lieu of the Monument Sign. The Sign Height of the Monument Sign shall be a maximum of six (6) feet, the Sign Width shall be a maximum of eight (8) feet and the Sign Area shall be a maximum of forty-eight (48) square feet. 7. Banner Signs. Each tenant shall be permitted one Banner Sign issued under the City's special events permit requirements. The Banner Sign's Sign Area shall be a maximum of fifty (50) square feet. 8. Window Signs. The Sign Area of each Window Sign shall not exceed more than twenty percent (20%) of that window in which it is placed. All temporary Window Signs may remain for a period no longer than thirty (30) days within a one (1) year period. 9. Temporary Signs. Temporary Signs shall not exceed a Sign Height of twelve (12) feet, a Sign Width of ten (10) feet, nor a Sign Area of one hundred (100) square feet. 10. Sign Lighting. On -premise advertising signs and center identification signs shall be illuminated only between the hours of 6:30 a.m. to midnight, except that the sign containing the supermarket logo may be illuminated during the operating hours of the supermarket; and illumination of on -premise tenant advertising shall be limited to business hours, plus one hour before opening time and one hour after closing time for each use. 11. Directional Sign. Directional Signs shall be permitted as needed to direct traffic to storefronts, entrances and service and loading areas. The Sign Area of each Directional Sign shall not exceed six (6) square feet and the Sign Height shall not exceed six (6) feet." SECTION 2. SEVERABILITY The City Council for 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 herefrom of any such portion as may be declared invalid. 9 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 new enactments. SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provisions or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provisions 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 therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 24th of AUGUST , 1999. MAYOR OF TH CITY OF #NAHEIM ATTEST: ITY CL K OF THE CITY OF ANAHEIM 32007.1\SMANN 10 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5697 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 17th day of August, 1999, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 24th day of August, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5697 on the 24th day of August 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of August, 1999. CITY CL K OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5697 and was published once in the North County News on the 2nd day of September, 1999. CITY CL K OP THE CITY OF ANAHEIM PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange, ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of twenty one 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: September 2, 1999 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Date September 2 119 9 Signature Anaheim Bulletin 1771 S. Lewis St. Anaheim, CA 92805 (714) 6341567 This space is for the County Clerk's Filing Stamp �, �,-Y � �o Proof of Publication of NOTICE OF ADOPTION, OF OtNMANCE ORDINANCE NO. 097: At their re9olor, meetingg held August 24, 1499, the Ancholm City Cour Il voted on adaption of this Ordinance with the following result: AYES: Fetdhous, Kring, McCracken, Tait, and Daly NOES: None ABSTAIN: None ABSENT: Norte This ordinance approving Specific Plan Adiullt- ment No. 1 to the Anaheim 14111s Festival Specific Pian No. 90-1, amending Ordinance No. 6109, as previously amended, and amending St - section .080 of Section 18.74;080 of Char 18.74 of Title 18 of the Anaheim Municipal Code, If you wish a full copy of the text of the above Ordinance, please call the Office of the Gley Clerk of Anaheim, 765-5166, between 8:00 O.M. and 5:00' p.m. Monday though Friday. There Is no charge for the copy, Publish: Anaheim Bulletin September 2, 1999 25-1189. 8PU200800 PROOF OF PUBLICATION