5859ORDINANCE NO. 5859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING ORDINANCE NO. 5378, AS
PREVIOUSLY AMENDED, RELATING TO SPECIFIC PLAN
ADJUSTMENT NO. 5 TO THE DISNEYLAND RESORT
SPECIFIC PLAN NO. 92-1 (CHAPTER 18.78 OF THE
ANAHEIM MUNICIPAL CODE).
WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the
Anaheim Municipal Code, on June 29, 1993, the City Council of the City of Anaheim adopted
Ordinance No. 5377 amending the zoning map to reclassify certain real property described
therein into The Disneyland Resort Specific Plan No. 92-1 Zone subject to certain conditions as
specified therein, and Ordinance No. 5378 relating to establishment of Zoning and
Development Standards for The Disneyland Resort Specific Plan No. 92-1 by the addition of
Chapter 18.78 to said Code; and
WHEREAS, on April 12, 1994, the City Council adopted Ordinance No. 5420
amending Ordinance Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No.
92-1, Amendment No. 1, which amendment established "District A", redesignated a portion
(approximately 9 acres) of the East Parking Area to District A, and established Zoning and
Development Standards for District A; and
WHEREAS, on June 20, 1995, the City Council adopted Ordinance No. 5503
amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland
Resort Specific Plan No. 92-1, Amendment No. 2, which amendment redesignated a portion
(approximately 10 acres) of the East Parking Area to District A; and
WHEREAS, on October 22, 1996, the City Council adopted Ordinance No.
5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The
Disneyland Resort Specific Plan No. 92-1, Amendment No. 3, which amendment encompassed
modifications to The Disneyland Resort Project including a Revised Phasing Plan;
modifications to the Specific Plan (including the Zoning and Development Standards, Design
Plan and Guidelines, and Public Facilities Plan) to implement the Revised Phasing Plan; and,
incorporation of text and graphic modifications to the document; and
WHEREAS, on September 16, 1997, the City Council adopted Ordinance No.
5613 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The
Disneyland Resort Specific Plan No. 92-1, Adjustment No. 1, which adjustment encompassed
standards addressing permitted encroachments, screening requirements and height limitations;
and
WHEREAS, on July 13, 1999, the City Council adopted Ordinance No. 5689
amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland
Resort Specific Plan No. 92-1, Amendment No. 4, which amendment encompassed text and
exhibit changes throughout the Specific Plan document to reflect the establishment of the new
Pointe*Anaheim Overlay which provides for the development of the Pointe*Anaheim Lifestyle
Retail and Entertainment Complex, including amendments to the Development Plan, the
Design Plan and Guidelines, the Public Facilities Plan and the Zoning and Development
Standards; and
WHEREAS, on September 19, 2000, the City Council adopted Ordinance No.
5736 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The
Disneyland Resort Specific Plan No. 92-1, Adjustment No. 3, which adjustment encompassed
modifications to permitted accessory uses within the Parking District and permitted
encroachments in the Theme Park District; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5768
amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland
Resort Specific Plan No. 92-1 Adjustment No. 4, which adjustment encompassed modification
of criteria for Informational, Regulatory and Directional (IRD) Signs visible from the Public
Rights -of -Way; and
WHEREAS, on February 26, 2002, the City Council adopted Ordinance No.
5807 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The
Disneyland Resort Specific Plan No. 92-1, Amendment No. 5, which amendment encompassed
text and exhibit changes throughout the Specific Plan for the Pointe Anaheim Overlay Lifestyle
Retail and Entertainment Complex including amendments to the Development Plan, the Design
Plan and Guidelines, the Public Facilities Plan and the Zoning and Development Standards; and
WHEREAS, the proposed Adjustment No. 5 relates to various zoning and site
development standards including, but not limited to, modifications to minimum lot width,
permitted architectural projections into setback areas, minimum distance between driveways
and permitted signage in the Pointe Anaheim Overlay; and
WHEREAS, on May 5, 2003, the Anaheim City Planning Commission
considered and approved the proposed Adjustment No. 5 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; and
WHEREAS, the City Council desires to modify the Zoning and Development
Standards established by Ordinance No. 5378, as previously amended, contained within
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Chapter 18.78 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific
Plan No. 92-1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY ORDAIN AS FOLLOWS:
That Ordinance No. 5378, as previously amended, be, and the same is hereby, amended
to revise the Zoning and Development Standards in Chapter 18.78 of the Anaheim Municipal
Code as follows:
SECTION 1.
That Section 18.78.105 of Chapter 18.78 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
"18.78.105 POINTE ANAHEIM OVERLAY.
010 Purpose. The Pointe Anaheim Overlay has been established to provide for the
development of the Pointe Anaheim Lifestyle Retail and Entertainment Complex
pursuant to the uses set forth in subsection 18.78.105.020 entitled, "CONDITIONAL
USES" of the Anaheim Municipal Code and subject to the density limitations set forth
in subsection 18.78.105.030 entitled "POINTE ANAHEIM DENSITY" of the Anaheim
Municipal Code, if the properties are not developed in accordance with The Disneyland
Resort Specific Plan Parking District (East Parking Area) requirements or the District A
or C-R Overlay requirements.
020 Conditional Use and Structures.
0201 The following buildings, structures and uses set forth in paragraphs .0202 and
.0203 shall be permitted as part of the Pointe Anaheim Lifestyle Retail and
Entertainment Complex provided that:
(a) Conditional Use Permit No. 4078, as amended, is approved pursuant to,
and subject to, the conditions and required showings of Section
18.03.030 entitled, "CONDITIONAL USE PERMITS (C.U.P's) -
GENERAL" of this Code;
(b) All uses and structures set forth in subsection 18.48.070.030 entitled,
"PERMITTED ACCESSORY USES AND STRUCTURES" and in
subsection 18.48.070.040 entitled "PERMITTED TEMPORARY USES
AND STRUCTURES" of the Anaheim Municipal Code shall be
permitted in the Pointe Anaheim Overlay;
(c) With the exception of subsection 18.48.070.060.0619 entitled
"PROHIBITED SIGNS", all uses set forth in subsection 18.48.070.060
entitled "PROHIBITED USES" of the Anaheim Municipal Code shall be
prohibited in the Pointe Anaheim Overlay;
(d) All development is subject to the limitations described in Section
18.78.050 entitled, "LAND USE AND SITE DEVELOPMENT
STANDARDS - GENERAL" of the Anaheim Municipal Code; and
(e) The Pointe Anaheim Lifestyle Retail and Entertainment Complex shall
be designed in accordance with the Conceptual Site Plans shown in
Exhibits 5.8.311, 5.8.3.f.2, 5.8.31.3, 5.8.314, and 5.8.3.£5 of The
Disneyland Resort Specific Plan document.
.0202 Hotels, including suite -type hotels and vacation ownership resort units, as
described in subsection 18.78.105.030 entitled, "POINTE ANAHEIM
DENSITY" of the Anaheim Municipal Code.
.0203 All conditional uses and structures listed in subsection 18.48.070.040 entitled
"CONDITIONAL USES AND STRUCTURES" of the Anaheim Municipal
Code which implements the list of uses described in subsection 18.78.105.030
entitled "POINTE ANAHEIM DENSITY" of the Anaheim Municipal Code as
further described below:
(a) Specialty Retail/Entertainment Center with integrated management and a
festive theme orientation and plaza/pedestrian-oriented amenities with
the following types of uses:
(1) Banking facilities.
(2) Children's, men's, and women's apparel, shoes, jewelry and
accessories.
(3) Entertainment facilities (amusement arcades, skating rinks,
outdoor recreational playground areas).
(4) Shopping services.
(5) Specialty merchandise, gifts and toys.
(6) Transportation/travel services including an automobile rental
agency office (with no on-site vehicular storage).
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(7) Radio and television studio to enable live and/or taped broadcast
facilities at the site.
(8) Baby-sitting services.
(9) Fast-food/food court -type and walkup/ specialty restaurants.
(10) Enclosed and semi -enclosed full-service and theme -type
restaurants/nightclubs with or without on-site sale and
consumption of beer, wine, and alcoholic beverages and
associated entertainment uses (billiards, dancing, live and
recorded performances).
(11) Art galleries/museums.
(12) Aquarium.
(b) Outdoor events/uses held within the confines of Pointe Anaheim, out of
view of the public right-of-way and not directed towards the public
right-of-way including open-air festival events oriented towards tourists
and guests for public gatherings, speeches, concerts, presentations, or
shows; outdoor booths, kiosks and stands; and, outdoor special lighting
effects.
(c) Theaters, including dinner, legitimate or motion picture theaters,
performance theaters or night clubs, and indoor amphitheaters (the
square footage of the indoor amphitheater use would be deducted from
the maximum project square footage).
(d) Parking/transportation facilities for automobiles, buses, shuttles, and
taxis.
(e) (Deleted).
(f) Murals.
.030 Pointe Anaheim Density. The maximum density for the Pointe Anaheim Overlay shall
be as follows: 634,600 gross square feet of retail/ dining/ entertainment uses; three to
four hotels comprising 1,662 hotel rooms/suites (of which up to 200 units can be
developed as vacation ownership resort units) with approximately 282,071 gross square
feet of related accessory uses (the hotel rooms/ accessory uses would encompass a
maximum of 1,330,771 gross square feet) and, of that total, an approximate 133,630
gross square foot area on the top floor of the parking structure to be used for a hotel
conference center; and a 1,949,800 gross square foot parking structure with 4,800
striped parking spaces and 15 bus parking spaces at full build out with a 10,200 gross
square foot bus terminal/facility for airport transport and to/from sightseeing venues.
The Pointe Anaheim Overlay density is set forth in more detail in Exhibit 3.3.6b of The
Disneyland Resort Specific Plan document entitled "Pointe Anaheim Overlay
Development Program."
040 Maximum Permitted Heights. The maximum permitted height of structures shall be as
indicated on Exhibit 1 of the Specific Plan document entitled "Maximum Permitted
Structural Height."
050 Interior Structural Setback and Yard Requirements from Adjacent Interior Lots. A
ten -foot minimum setback adjacent to interior lot lines abutting the Anaheim Resort
Specific Plan No. 92-1 Zone boundary is required for structures developed under the
provisions of Section 18.78.105 entitled "Pointe Anaheim OVERLAY" of this Chapter.
060 Setbacks from Abutting Public Rights -of -Way. The minimum setback requirements for
structures developed under the provisions of this Section shall be as described for the
base District the structure is located in with the following exceptions:
.0601 Clementine Street. Twenty (20) feet minimum, if the structure is seventy-five
(75) feet or less in height or thirty (30) feet minimum, if the structure is greater
than seventy-five (75) feet in height with landscaping consistent with Design
Plan Cross Section number 27.
.0602 Disney Way (formerly Freedman Way). Twenty (20) feet minimum, if the
structure is seventy-five (75) feet or less in height or thirty (30) feet minimum, if
the structure is greater than seventy-five (75) feet in height with landscaping
consistent with Design Plan Cross Section number 17b.
.0603 Katella Avenue. Eleven (11) feet minimum, with landscaping consistent with
Design Plan Cross Section numbers 3a and 3b.
0604 Harbor Boulevard. Twenty-six (26) feet, minimum, with landscaping consistent
with Design Plan Cross Section number 17a.
.070 Minimum Lot Width. Lots shall comply with the minimum lot width provisions of
paragraph .0704 of subsection .070 (Structural Height and Lot Width Requirements) of
Section 18.78.050 (Land Use and Site Development Standards - General).
Notwithstanding the foregoing, lots in the Pointe Anaheim Overlay shall have a
minimum cumulative frontage of one hundred seventy five (175) linear feet, provided
that an unsubordinated covenant satisfactory to the Planning Department and the City
Attorney's Office is recorded with the Orange County Recorder requiring development
ON
of the lots in compliance with Conditional Use Permit No. 4078 as part of the Lifestyle
Retail and Entertainment Complex approved therein.
.080 Balconies and Architectural Projections Permitted. Balconies and architectural
projections may encroach a maximum of three (3) feet into the minimum required
building setback adjacent to any ultimate public right-of-way.
.090 Driveway Spacing. All driveway spacing shall comply with paragraph .1202 of
subsection .120 (Parking Space and Access Design) of Section 18.78.110 (Off -Street
Parking and Loading Requirements), provided that a minimum distance between
driveways of twenty five (25) feet may be permitted on Disney Way if one of the
driveways is limited to emergency access only, subject to the approval of the City
Traffic and Transportation Manager."
SECTION 2.
That subsection .020 of Section 18.78.130 of Chapter 18.78 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Signs -General.
0201 Application.
(a) Sign standards and regulations contained within this section shall apply
to all Districts and the C-R Overlay within the Specific Plan area, except
that for theme park or retail entertainment center uses developed in the
Theme Park and Hotel Districts, the sign standards contained in this
section and other sign regulations contained within the Anaheim
Municipal Code shall only apply to signs within the required setback
adjacent to perimeter streets, excluding West Street/Disneyland Drive. In
the Theme Park and Hotel Districts, wall signs for theme parks and retail
entertainment center uses adjacent to the required setback along
perimeter streets, excluding West Street/Disneyland Drive, shall be
internally oriented.
(b) Pointe Anaheim Overlay. Sign standards and regulations contained
within this section shall apply to development in the Pointe Anaheim
Overlay, subject to the following exceptions:
(1) Signs, objects or structures located in the interior areas of the
Pointe Anaheim Lifestyle Retail and Entertainment Complex
shall be exempt from the requirements set forth in Section
18.78.130 (Sign Regulations). Signs, objects or structures shall
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be considered to be located in an "interior" area for the purposes
of this section if they are:
[a] Not visible to pedestrian or vehicular traffic from the
public right-of-way at an equal elevation as the Pointe
Anaheim property line (measured five (5) feet above the
grade of the sidewalk on the opposite side of the street
from the Pointe Anaheim project; or
[b] At least one hundred sixty (160) feet from the adjacent
public right-of-way or if they correspond with the setback
of the last building bordering the view corridor,
whichever is further as shown on Exhibit 5.8.315 titled
"Pointe Anaheim Interior Signage and Icon/Themed
Signage Element," and are visible only to pedestrian
and/or vehicular traffic through limited view corridors at
the entrances to the Pointe Anaheim Lifestyle Retail
Entertainment Complex (as shown on Exhibit 5.8.3.£5).
The final dimensions of the view corridor shall be shown
on the Final Site Plan, and shall not exceed the corridor
widths shown on Exhibit 5.8.3.£5.
(2) Icon/themed signage elements, as defined in subparagraph
.0602(e) of subsection 18.78.130.060 (Business and Identification
Signs) may be permitted subject to approval of a conditional use
permit as set forth therein.
(3) On-site Informational, Regulatory and Directional ("IRD") Signs.
IRD Signs visible from the public right-of-way shall comply with
the following:
[a] The maximum sign area shall be eight (8) square feet.
[b] The design, location and number of signs shall be
approved as part of the Coordinated Signage Program
with the Final Site Plan for the Lifestyle Retail and
Entertainment Complex.
[c] If a company symbol or logo is included in the sign copy,
said symbol or logo shall occupy a maximum of twenty
five percent (25%) of the sign area.
[d] An IRD sign may encroach into the required minimum
setback abutting the adjacent public right-of-way provided
that the location of the sign shall comply with Engineering
Standard Detail No. 137 entitled "Commercial Drive
Approach" relating to line -of -sight standards.
(4) Projecting Signs. Projecting Signs shall comply with the
following:
[a] The maximum sign projection shall be forty (40) inches as
measured from the building wall and may encroach into
the required setback area adjacent to the public
right-of-way.
[b] Not more than one (1) projecting sign shall be permitted
per storefront; provided, however, that in the case of a
storefront that is located on a street corner, two (2)
projecting signs may be permitted if both projecting signs
will not be visible at the same time from any one point
along the adjacent intersecting public rights-of-way.
[c] The maximum area of each sign face shall be six (6)
square feet.
[d] The maximum height to the top of the sign panel shall be
twelve (12) feet above the ground level directly below the
sign, and the minimum clearance between the sign and the
ground level shall not be less than eight (8) feet.
[e] The sign shall not project above the building wall or
roofline, whichever is lower.
[fJ The sign copy shall be limited to the name and/or logo of
the business.
(5) Parking Structure Entry and Project Identification Signs. A
Parking Structure Entry and Project Identification Sign is a wall
sign including the name of the project, the project logo or symbol,
and/or words identifying the parking entrance and/or exit, which
complies with the following:
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[a] Disney Way and Katella Avenue. One (1) Parking
Structure Entry and Project Identification wall sign per
vehicle entrance shall be permitted, as follows:
Such sign shall have one (1) display surface which
shall be parallel to and in front of the exterior wall
of the entrance to the parking structure.
ii. Such sign shall not encroach into any public
right-of-way.
iii. Such sign shall be limited to a maximum sign area
of eighty (80) square feet with a maximum letter
height of two (2) feet, six (6) inches.
iv. Such sign shall be located a minimum of eighty
(80) feet from the public right-of-way.
[b] Clementine Street. One (1) Parking Structure Entry and
Project Identification wall sign per vehicle entrance shall
be permitted, as follows:
i. Such sign shall have one (1) display surface which
shall be parallel to and in front of the exterior wall
of the entrance to the parking structure.
ii. Such sign shall not encroach into any public
right-of-way.
iii. Such sign shall be limited to a maximum sign area
of twenty five (25) square feet with a maximum
letter height of twelve (12) inches.
iv. Such sign shall be located a minimum of eighty
(80) feet from the public right-of-way.
(6) Project Identification Wall Signage. Project identification wall
signage shall be limited to one (1) building wall sign or one (1)
'garden wall' sign with the name and/or Logo of the Project, as
described herein, for each street frontage provided, however, that
the minimum distance between such signs shall be two hundred
(200) feet, as measured along the street frontages, and further
subject to the following:
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[a] Project Identification Building Wall Sign. Each building
wall sign shall be limited to a maximum size of two
hundred forty (240) square feet with a maximum letter
height of fifty two (52) inches, and shall be subject to the
following:
The maximum height of the sign shall not extend
above the top of the building eave line or roofline,
whichever is lower.
ii. The sign letters shall be located no closer than one
half (0.5) the size of the letter to the top and sides
of the building wall or facia.
iii. Such sign shall not project more than twelve (12)
inches from the wall to which it is attached.
iv. Such sign shall not be attached to the building wall
with visible supports or raceways.
V. Such sign shall consist of internally illuminated
channel letters and all raceways shall be
concealed.
[b] Project Identification Garden Wall Sign. A'Project
Identification Garden Wall Sign' is a sign identifying the
project that is integrated into a feature landscape element
such as a wall or other landscape feature that expresses
the architectural character or theme of the Project. The
allowable sign area shall comply with paragraph .0102
(Area of Sign) of subsection 18.78.130.010 (Definitions
Pertaining to Signs), and the requirements for a
Freestanding Monument Sign as set forth in paragraph
.0604 (Sign Standard Matrices) of subsection
18.78.130.060 (Business and Identification Signs) of this
Chapter provided that:
i. The feature landscape element may extend into the
required setback area adjacent to a public
right-of-way provided that a minimum seven (7)
foot setback from the public right-of-way shall be
maintained and provided further that that the
element shall comply with the City's Engineering
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Standard Detail No. 137 entitled "Commercial
Drive Approach" relating to line -of -sight distance
standards.
ii. The maximum height of the garden wall or any
landscape element shall not exceed eight (8) feet.
iii. The maximum length of the garden wall shall not
exceed seventy (70) feet.
iv. Sign illumination shall be the same as permitted
for Freestanding Monument Signs pursuant to
paragraph .0604 (Sign Standard Matrices) of
subsection 18.78.130.060 (Business and
Identification Signs).
0202 Administrative Provisions - Sign Regulations. The location, size, type,
construction and all other matters relating to signs in the Specific Plan area, with
the exception of theme parks and retail entertainment centers in the Theme Park
and Hotel District, which shall be exempt from the provisions of this section and
other regulations contained within the Anaheim City Code governing signs, shall
be regulated and controlled exclusively by the provisions of this chapter except
to the extent reference is expressly made in this chapter to any other provision of
the Anaheim Municipal Code. In the event of any conflict between the
provisions of this chapter and any other provisions of the Anaheim Municipal
Code so referenced herein, the provisions of this chapter shall govern and
prevail. All signs and all applications shall therefore be exclusively administered
by the Planning Director except those signs which may be sought in conjunction
with a conditional use permit or a zone variance.
0203 Coordinated Sign Program. All signs on a property shall be designed as part of a
coordinated architectural, informational, regulatory and directional sign system
with a consistent design detailing, typeface and color system. All multi -tenant
signs shall either use one consistent typeface for all tenants or use one color for
all sign copy. The capital letter height of all tenant identification copy shall be
the same on a single sign face. Multi -tenant wall signs shall either be all wall
signs or all canopy signs except for as provided elsewhere in this chapter for
hotel/motel accessory uses.
.0204 Resolution of Inconsistent Provisions. Notwithstanding any other provision of
this Code to the contrary, all provisions governing signs or advertising structures
of any type in this Zone shall be contained within this chapter; provided,
however, the provisions of Section 18.05.070 entitled "TEMPORARY SIGNS,
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FLAGS, BANNERS AND BALLOONS - GENERAL," and Chapters 4.04
entitled "OUTDOOR ADVERTISING SIGNS AND STRUCTURES -
GENERAL," 4.08 entitled "OUTDOOR ADVERTISING SIGNS AND
STRUCTURES - NEAR FREE -WAYS" and 4.09 entitled "ADVERTISING OF
MOTEL AND HOTEL RENTAL RATES" of this Code shall apply to signs and
advertising structures in this zone to the extent such provisions are not
inconsistent with this chapter.
.0205 Variances From Sign Requirements. No person shall install or maintain any sign
in the Specific Plan area except as permitted herein; provided, however, that any
requirements or restrictions may be waived in whole or in part upon such
conditions as may be imposed by the Zoning Administrator, Planning
Commission or the City Council by a zone variance processed and approved in
accordance with all procedures, requirements and restrictions established for
variances pursuant to Chapter 18.03 entitled "ZONING PROCEDURES -
AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES" of the
Anaheim Municipal Code.
.0206 Signs Approved in Conjunction with Conditional Use Permits. Approval of any
conditional use permit shall be deemed to constitute approval of any on-site
signs which are otherwise permitted in the Specific Plan area unless, as part of
the action approving the conditional use permit, more restrictive sign
requirements are imposed.
.0207 Legal Nonconforming Signs - General. Any sign or other advertising structure of
whatever type or nature, other than an illegal sign, which violates or otherwise
does not comply with the applicable requirements of this chapter shall be subject
to compliance with the regulations prescribed herein in the time and manner
hereinafter set forth.
(a) Legal Nonconforming Signs -Continuation and Termination. Any legal
nonconforming sign or sign structure in existence on the effective date of
this chapter which violates or otherwise does not conform to the
provisions hereof shall be removed, altered or replaced so as to conform
to the requirements of this chapter (hereinafter the "abatement") either:
(1) within twelve (12) years from and after the date said sign first
becomes nonconforming to the provisions of this chapter, or
(2) on or before December 31, 2005, whichever is later; provided,
however, in no event shall such abatement be required unless and
until the owner of said sign has received not less than one (1)
year's advance written notice from the Planning Director of the
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City requiring the removal or alteration of sign. Notwithstanding
the foregoing:
[a] Any advertising display which was lawfully erected, but
whose use has ceased; or the structure upon which the
display exists has been abandoned by its owner, for a
period of not less than ninety (90) days, shall be removed,
altered or replaced so as to conform to the provisions of
this chapter within six (6) months from the date of receipt
of a written order of abatement from the Planning
Director of the City requiring such abatement. Costs
incurred by the City in removing an abandoned display
shall be borne by or charged to the legal owner of the real
property upon which said sign is located.
[b] Any advertising display structure which has been more
than fifty percent (50%) destroyed, and the destruction is
other than facial copy replacement, and said structure
cannot be repaired within thirty (30) days of the date of its
destruction shall be removed, altered or replaced so as to
conform to the provisions of this chapter within six (6)
months from the date of receipt of a written order of
abatement from the Planning Director of the City
requiring such abatement.
[c] Any advertising display, whose owner, outside of a
change of copy, requests permission to remodel and
remodels that advertising display, or expands or enlarges
the building or land use upon which the advertising
display is located, and the display is affected by the
construction, enlargement, or remodeling, or the cost of
construction, enlargement or remodeling of the
advertising display exceeds fifty percent (50%) of the cost
of reconstruction of the building shall remove, alter or
replace such sign so as to conform to the requirements of
this chapter in conjunction with said project.
[d] Any advertising display for which there has been an
agreement between the advertising display owner and the
City for its removal as of any given date shall remove
such sign per said agreement.
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[e] Any temporary advertising display erected pursuant to a
special events permit issued by the City shall be removed
as specified under Section 18.05.070 entitled
"TEMPORARY SIGNS, FLAGS, BANNERS AND
BALLOONS - GENERAL," of the Anaheim Municipal
Code or within such other time as expressly authorized by
the City.
[f] Any advertising display which is an immediate danger to
public health or safety shall be removed, altered or
replaced so as to conform to the requirements of this
chapter within thirty (30) days from the date of receipt of
a written order of abatement from the Planning Director
of the City requiring such removal or alteration.
[g] Any advertising display which in the opinion of the City
Traffic and Transportation Manager constitutes a traffic
hazard not created by relocation of streets or highways or
by acts of the City shall be removed, altered or replaced so
as to conform to the requirements of this chapter within
thirty (30) days from the date of receipt of a written order
of abatement from the Planning Director of the City
requiring such removal or alteration.
[h] Any other advertising display for which the City is
exempt from the payment of compensation in conjunction
with requiring its removal as specified in Chapter 2.5 of
Division 3 of the Business and Professions Code of the
State of California, or any successor provisions thereto
shall be subject to removal as specified in said Code.
[i] Illegal Signs. Illegal signs as defined in Section
18.78.130.010 "DEFINITIONS PERTAINING TO
SIGNS" of this chapter shall be removed, altered or
replaced so as to conform to the requirements of this
chapter within six (6) months following the effective date
of this chapter.
.0208 Regulation of Special Types of Signs - General. Notwithstanding any other
provisions of this chapter, the following special types and classifications of signs
shall be permitted subject to compliance with the limitations and conditions
prescribed herein.
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.0209 Signs Required By Law. Nothing contained in this chapter shall prevent the
erection, location or construction of any sign on private property where such
erection, location or construction of said sign is required by any law; provided,
however, no such sign erected, placed or maintained pursuant to this provision
shall exceed four (4) square feet in area except to the extent a greater sign area is
expressly required by law.
.0210 Signs in the Public Rights -of -Way. Signs shall be prohibited in any public
rights-of-way as provided in Section 4.04.130 entitled "PROHIBITION OF
SIGNS IN PUBLIC RIGHT-OF-WAY" of this Code, except signs and gateways
as described in the Design Plan or on the pedestrian overcrossing on West
Street/Disneyland Drive.
.0211 Political Campaign Signs. Notwithstanding any other provision of this chapter,
political campaign signs shall be permitted on private property provided:
(a) Sight Distance. Such signs shall comply with the minimum sight distance
requirements set forth in Subsection 18.05.093.070 entitled "MINIMUM
SIGHT DISTANCE REQUIREMENTS FOR FREESTANDING
SIGNS" of this Code;
(b) Code Compliance. Such signs shall comply with the provisions of
Section 4.04.130 entitled "PROHIBITION OF SIGNS IN PUBLIC
RIGHT-OF-WAY" of this Code; and,
(c) Title 15 Compliance. Any structure to which a political sign is attached
shall comply with all applicable provisions of Title 15 'Building and
Housing" of the Anaheim Municipal Code, except that no building
permit shall be required for a temporary political campaign sign having a
surface area of thirty-five (35) square feet or less and which structure is
removed within one hundred and twenty (120) days of its erection or
placement, or within thirty (30) days after the election to which the sign
relates, whichever occurs first."
SECTION 3.
The City Council of the City of Anaheim hereby declares that should any
section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared
for any reason to be invalid, it is the intent of the Council that it would have passed all other
portions of this ordinance independent of the elimination herefrom of any such portion as may
be declared invalid.
16
SECTION 4.
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 the same subject matter, shall be
construed as restatements and continuations, and not as new enactments.
SECTION 5.
It shall be unlawful for any person, firm or corporation to violate any provision
or to fail to comply with any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not
exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or
corporation shall be deemed guilty of a separate offense for each day during any portion of
which any violation of any of the provisions of this ordinance is committed, continued or
permitted by such person, firm or corporation, and shall be punishable therefor as provided for
in this ordinance.
THE FOREGOING ORDINANCE is approve d adopted the City Council of the
City of Anaheim this 20th day of Tvay , 200 AAA
MAY16R OF THE Y KF ANAHEIM
ATTEST,/
CI Y CLE OFT E CITY OF ANAHEIM
49215.2/SMANN/May 8, 2003
17
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. 5859 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 13th day of May, 2003, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 20th day of May, 2003, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, McCracken, Hernandez
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
1
TY CLER OF T14E CITY OF ANAHEIM
(SEAL)
AFFIDAVIT 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
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:
May 29, 2003
"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 Santa Ana, Orange County.
California, on
Date: May 29, 2003
t N Signature
Anaheim Bulletin
"`- L25 N. Grand Ave.
Santa Ana, CA 92701
e .d (714) 796-7000 ext. 3002
?ROW OF_PUBLICATION
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