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5984FOLLOWS: ORDINANCE NO. 5984 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .010 OF SECTION 18.44.050 OF CHAPTER 18.44 AND .060 OF SECTION 18.38.240 OF CHAPTER 18.38 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNAGE AND PROMOTIONAL BANNERS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS SECTION I. That Subsection .010 of Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.44.050 CONDITIONAL USE PERMIT REQUIRED. .010 Requirement for Conditional Use Permit. The following signs require a conditional use permit: .0101 Marquee or electronic reader -board signs for an amusement facility, theater, lodging facility, school, automobile dealership (which automobile dealership is the major tenant of a minimum three (3) acre site), commercial retail center with a minimum twenty-five (25) acre site or use identified as Community and Religious Assembly as set forth in subsection .030 ("C" Use Classes) of Section 18.36.040 (Non -Residential Primary Use Classes), subject to the limitations of Sections 18.44.080 and 18.44.090. .0102 Regional guide signs. .0103 Freeway -oriented signs, subject to the procedures and standards set forth in Section 18.44.100. .0104 Billboards, subject to the standards set forth in Section 18.44.230 through section 18.44.260 inclusive. .0105 Murals visible from public right-of-ways. .0106 Off-site signs for regional shopping centers. No more than one (1) freestanding sign per regional shopping center, no greater than one hundred twenty five (125) square feet in sign area and no higher than fifteen (15) feet, may be located off-site where allowed by conditional use permit." SECTION 2. That Subsection .060 of Section 18.38.060 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: ".060 Promotional Banners. Promotional banners advertising sales and promotions may be allowed, subject to a special event permit. A person, business or organization located in a commercial retail center that has been issued a conditional use permit for a marquee or electronic reader -board sign pursuant to Section 18.44.050 (Conditional Use Permit Required) of Chapter 18.44 (Signs), shall not be permitted to display promotional banners advertising sales and promotions for a period in excess of nine (9) consecutive calendar days, in connection with one (1) special event for which a permit has been issued under Section 18.38.240, during any calendar year. This subsection does not apply to signs or banners as otherwise allowed under subsections .040, .050, .070, .080 or .090 of Section 18.38.240" SECTION 3. SEVERABILITY 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. SECTION 4. 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 as new enactments. SECTION 5. PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City Council of the city of Anaheim held on the 26th day of July, 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the day of 2005, by the following vote: August 16, AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 56927.v 1 /mgordon/06.22.05 AFFIDAVIT OF PUBLICATION c -'r n �ter- .. , ..- ..a. wT ir'i, � SS County of Orange ) I am ,t citizen of the United States and a resident of the Ccunty aforesaid: I am over the age of eighteen years, and not a party to or interested in thr above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general ,.irculation 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 anne.,<.ed Is a true printed copy, has been „ubisned in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: August 25, 2005 '`I certifi (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 August 25, 2005 i Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION OHDINANCL NO. 5984 iAN ORDINF - OF THE CITY OF ANAHEIM AMENDING f SECTIONS 010 OF SECTION 18 44.050 OF PTER 18.44 AND .060 OF SECTION 18.38.240 OF CHAPTER 18.36 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNAGE AND SPECIAL EVENTS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS oma.......... That Subseciicn .010 Of S --tion 10.44.05- 'f 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "1844.050 CONDITIONAL USE PERMIT REQUIRED. 010 Requirement for Conditional Use Permit. The fol- lowing signs require a conditional use permit: .0101 Marquee or electronic reader -board signs for an amusement facility, theater, lodging facility, school, auto- mobile dealership (which automobile dealership is the ma- jortenant of a minimum three (3) acre site), commercial re- tail center with a minimum twenty-five acre site or use identi- fied as Community and Religious Assembly as set forth in subsection .030( C" Use Classes) of Section 18.36.040 (Non -Residential Primary Use Classes), subject to the limita- tions of Sections 18.44.080 and 18.44.090. .0102 Regional guide signs. .0103 Freeway -oriented signs, subject to the proce- dures and standards set forth in Section 18.44.100. .0104 Billboards, subject to the standards set forth in Section 18 44.230 through Section 18.44.260 inclusive. .0105 Murals visible from public right-of-ways, .0106 Off-site sions for regional shopping centers. No more than one (1) free-standing sign per regional shop- ping center, no greater than one hundred twenty five (125) square feet in sign area and no higher than fifteen (15) feet, may be located off-site where allowed by conditional use permit." SECTION 2. That Subsection .060 of Section 18.38.060 of Chapter 18.38 of Title 1B of the Anaheim Municipal Code be, and the same is hereby, amended in Its entirety to read as follows: " 060 Promotional Banners. Promotional banners adver- tising sales and promotions may be allowed, subject to a special event permit. A person, business or organization lo- cated in a commercial retail center that has been issued a conditional use permit for a marquee or electronic reader - board sign pursuant to Section 18.44.050 (Conditional Use Permit Required) of Chapter 16.44 (Signs), shall not be per- mitted to display promotional banners advertising sales and promotions for a period in excess of nine (9) consecutive calendar days, in connection with one (1) special event for which a, permit has been issued under Section 18.38.240, during any calendar year. This subsection does not apply to signs or banners as otherwise allowed under subsections .040, .050, .070, .080 or .090 of Section 18.38.240" SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of 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 ordi- nance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. 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 viola- tions were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the pe- nal provisionsapplicable to any violation thereof. The provi- sions 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 as new enactments. SECTION S. PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regu- lar meeting of the City Council of the City of Anaheim held on the 26th day of July, 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the 16th day of August, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM SS/Mayor Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: SS/Sheryl) Schroeder CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin August25,2005 25-588 6777451 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: August 25, 2005 "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 August 25, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION NANCE NO. 5984 AN OF ANAHEIM AMENDING ASUBSECCTIONS NCE OF E 0TM OF SECTION 18.44.050 OF CHAPTER 18.44 AND .060 OF SECTION 18.38.240 OF CHAPTER 18.38 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNAGE AND SPECIAL EVENTS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION i . That Subsection .010 of Section 18.44.050 of Chapter 18.44 same is hereby, f Title 18 aMunicipal to read as follows: be, and the "18.44.050 CONDITIONAL USE PERMIT REQUIRED. .010 Requirement for Conditional Use Permit. The fol- lowing signs require a conditional use permit: .0101 Marquee or electronic reader -board signs for an amusement facility, theater, lodging facility, school, auto- mobile dealership (which automobile dealership is the ma- jor tenant of a minimum three (3) acre site), commercial re- tail center with a minimum twenty-five acre site or use identi- fied as Community and Religious Assembly as set forth in subsection .030 Pl C" Use Classes) of Section 18.36.040 tions of Sections 18.44 080 and 18.44.090. Use ubjecto the limita- .0102 Regional guide signs. .0103 Freeway -oriented signs, subject to the proce- dures and standards set forth in Section 18.44.100. .0104 Billboards, subject to the standards set forth in Section 18.44.230 through Section 18.44.260 inclusive. .0105 Murals visible from public right-of-ways. .0106 Off-site signs for regional shopping centers. No more than one (1) free-standing sign per regional ishop- ping center, no greater than one hundred twenty five (125) square feet n sign area and no higher than fifteen (15) feet, may be located off-site where allowed by conditional use permit." SECTION 2. That Subsection .060 of Section 18.38.060 of Chapter 18.38 al be, and the same is hereby, amended Anaheimf Title 18 of the ts entirety to read as as follows:: ".060 Promotional Banners. Promotional banners adver- tising sales and promotions may be allowed, subject to a special event permit. A person, business or organization lo- cated in a commercial retail center that has been issued a conditional use permit for a marquee or electronic reader - board sign pursuant to Section 18.44.050 (Conditional Use Permit Required) of Chapter 18.44 (Signs), shall not be per- mitted to display promotional banners advertising sales and promotions for a period in excess of nine (9) consecutive calendar days, in connection with one (1) special event for which a, permit has been Issued under Section 18.38.240, during any calendar year. This subsection does notapplyto signs or banners as otherwise allowed under subsections .040, .050, .070, .080 or .090 of Section 18.38.240" SECTION S. SEVERABILITY 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 ordi- nance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of anyother ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tion werebe construed as atted waiver of any license or penalty or thrior the effective date e per nal provisions applicable to any violation thereof. The prow-.. sions 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 as new, enactments. SECTION S. PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of. the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regu- lar meetingand on the 26thof the City Council of the City of Anaheim held and tereafter as adopted ata a ular meedof July, ting of saidhCity Council he d on the 16th day of August, 2005, by the following roll call vote: AYES: Mayor Hernandez, Gngle alloway, ChaveCounciz Members Sidhu, He NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM SSlMayor Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: SS/Sheryl Schroeder CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin August 25, 2005 6777451 25-588