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6042ORDINANCE NO. 6042 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 4 AND TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BILLBOARDS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That new Section 4.04.040 be, and the same is hereby, added to Chapter 4.04 of Title 4 of the Anaheim Municipal Code, to read as follows: "4.04.040 PROHIBITION OF SIGNS NOT EXPRESSLY PERMITTED. Nothing contained in this chapter shall be deemed to permit or authorize any sign except to the extent such sign is expressly permitted or authorized by any other provision of this Code." SECTION 2. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3. That Table 10-A (Primary Uses: Industrial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference. SECTION 4. That Section 18.44.020 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "18.44.020 APPLICABILITY. Except as otherwise provided for in this chapter, it is unlawful for any person to construct, erect, enlarge, alter or relocate within the City a sign as defined in this chapter, without first obtaining the appropriate permits from the City. This chapter is not intended to invalidate Chapter 4.04 (Outdoor Advertising Signs and Structures — General) or Chapter 4.08 (Outdoor Advertising Signs and Structures — Near Freeways) of the Anaheim Municipal Code. In the event of any conflict between this chapter and Chapter 4.04 or 4.08, the applicable provisions of Chapter 4.04 or Chapter 4.08 shall prevail. All signs, regardless of content, shall be subject to the provisions of this chapter. Except as may be otherwise expressly provided in this chapter, signs shall direct attention to an occupancy, commodity, service or entertainment conducted, sold or offered upon the premises where the sign is maintained, as distinguished from an off-site advertising sign as defined in this chapter. A political or other noncommercial message may be substituted for the copy of any commercial sign allowed under this chapter." SECTION 5. That subsection .080 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".080 `Billboard' means a sign of any kind or nature whatsoever used to advertise (i) any business, industry, entertainment or activity not conducted, or (ii) any goods or other tangible items not produced, sold or available, or (iii) any services or other intangibles not available or rendered, on the premises upon which such sign is located; provided, however, such term shall not include any regional guide sign, nameplate, temporary real estate sign, identification sign or on-site advertising sign as such terms are defined in this chapter. Such term shall also not include any notice posted by any public officer in the performance of an official duty, or any directional, warning or informational sign required or authorized by any federal, state, county or local authority." SECTION 6. That subsection .320 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".320 `Off -Site Advertising Sign' means the same as the term `billboard' as defined in this section." SECTION 7. That subsection .330 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".330 `On -Site Advertising Sign' means a sign of any kind or nature whatsoever which directs attention to any business, industry, entertainment, P occupancy, activity, goods or other tangible items, services or other intangibles, or other activity, conducted, produced, sold, offered, rendered or available upon the premises where the sign is located, as distinguished from an off-site advertising sign. A political or other noncommercial message may be substituted for the advertising copy of any on-site advertising sign allowed under this Code." SECTION 8. That subsection .035 be, and the same is hereby, added to Section 18.44.040 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code relating to prohibited uses, to read as follows: ".035 Billboards." SECTION 9. That subsection .0104 of Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code, be and the same is hereby, repealed. SECTION 10. That Sections 18.44.230, 18.44.240 and 18.44.250 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, repealed. SECTION 11. That subsection .130 of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".130 Sign Regulations—Advertising and Identification. Except as provided in subsection .140 of this section, any signs installed or erected in this development area shall comply with the provisions of Chapter 18.44 (Signs) for the "I" Industrial Zone." SECTION 12. That subsection .130 of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".130 Sign Regulations —Advertising and Identification. Except as provided in subsection .140 of this section, any signs installed or erected in this development area shall comply with the provisions of Chapter 18.44 (Signs) for the "I" Industrial Zone." 3 SECTION 13. That subsection .120 of Section 18.120.070 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".120 Sign Regulations —Advertising and Identification. Any signs installed or erected in this development area shall comply with the provisions of Chapter 18.44 (Signs) for the "I" Industrial Zone." SECTION 14. 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 15. 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 16. PENALTY 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. 4 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 26th day of September, 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 3rd day of October, 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway. NOES: None ABSENT: None ABSTAIN: None ATTEST.- Cl;PKCTERK 6F TH CITY OF ANAHEIM 63243.3 5 CITY OF A HEIM By MAYOR OF THE CIT OF NAHEIM EXHIBIT "A" Table 8-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited conjunction with T Telecommunications Antenna Review Permit Required C -NC C-R C -G O -L O -H Special Provisions Residential Classes of Uses Mobile Home Parks N N C N N Senior Citizens' Housing C C C N N Senior Citizens' Apartment Projects integrated with an office subject to Chapter 18.50 Non -Residential Classes of Uses Alcoholic Beverage Sales—Off-Sale C C C C C Conditional use permit not required if use is in conjunction with Markets—Large; in O -L and O -H Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage Sales—On-Sale C C C C C Ambulance Services N C C N N Animal Boarding N N C N N Animal Grooming P N P N N Antennas—Broadcasting C C C C C Antennas—Telecommunications — T T T T T Subject to §18.38.060 Stealth Building -Mounted and 18.62.020 Antennas—Telecommunications — C C C C C Subject to §18.38.060 Stealth Ground -Mounted Antennas—Telecommunications — N N N N N Subject to §18.38.060 Ground -Mounted Automotive—Car Sales & Rental N N C N N Subject to §18.38.200 Automotive—Public Parking C C C C C Automotive—Parts Sales C P P N N Automotive—Repair & Modification C C C N N Automotive—Service Stations C C C C C Subject to §18.38.070 Automotive—Washing N C C C C In O -L and O -H Zones, must be accessory to an Automotive—Service Station use Bars & Nightclubs C C C C C In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Table 8-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required C -NC C-R C -G O -L O -H Special Provisions Bed and Breakfast Inns C C C C C Subject to §18.38.080 Billboards N N N N N Boat & RV Sales N N C N N Subject to §18.38.200 Business & Financial Services P P P P P Cemeteries N N C N N Commercial Retail Centers C C C N N Community & Religious Assembly C C C C C In O -H Zone, must be clearly accessory to and integrated with an office building Computer Internet & Amusement N C C C C In O -L and O -H Zones, Facilities must be clearly accessory to and integrated with an office building Convalescent & Rest Homes N N C N N Convenience Stores C C C C C Subject to §18.38.110; in O -L and O -H Zones, must be clearly accessory to and integrated with an office building Dance & Fitness Studios—Large N C C C C In O -H Zone, must be clearly accessory to and integrated with an office building Dance & Fitness Studios—Small P P P P P In O -H Zone, must be clearly accessory to and integrated with an office -" building, otherwise requires a conditional use permit Day Care Centers C C C C C Drive -Through Facilities C C C C C Educational Institutions—Business P P P P P Educational Institutions—General N C C N C Equipment Rental—Large N C C N N Equipment Rental—Small C P P C C In O -H and O -L Zones, must be clearly accessory to and integrated with an office building Group Care Facilities C C C C C Subject to § 18.36.040.070 Table 8-A PRIMARY USES: COMMERCIAL ZONES P Permitted by Right C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required C -NC C-R C -G O -L O -H Special Provisions Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets—Large P P P N N Markets—Small C C C C C Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services—General P P P P P Laundromats are subject to § 18.3 8.150. In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Personal Services—Restricted C C C C C In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Plant Nurseries N C P N N Subject to § 18.3 8.190 and §18.38.200 Public Services C C P C C Recreation—Bowling & Billiards C C C C C In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Recreation—Commercial Indoor C C C C C In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Recreation—Commercial Outdoor C C C C C Recreation—Low Impact C C C P P In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Recreation—Swimming & Tennis C C C C C Table 8-A PRIMARY USES: COMMERCIAL ZONES P Permitted by Right C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required C -NC C-R C -G O -L O -H Special Provisions Recycling Services—Consumer P P P N N Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Repair Services—General P N P N N Repair Services—Limited P P P C C In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Research & Development N C C C P Restaurants—Drive-Through N C C C C Subject to §18.38.220 Restaurants—General P P P C C Subject to §18.38.220 Restaurant—Semi-Enclosed C C C C C Subject to §18.38.220 Restaurants—Walk-Up C C C C C Retail Sales—General P P P P P In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Retail Sales—Kiosks C C C C C Retail Sales—Outdoor C C C N N Subject to §18.38.190 and §18.38.200 Retail Sales—Regional N P C N N Retail Sales—Used Merchandise P P P N N Room & Board N N C N N Self Storage N N C N N Sex -Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P P P N N Subject to Chapter 4.22 and §18.38.260 Studios—Broadcasting C C P C C Studios—Recording N N P C C In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Transit Facilities C C C C C Utilities—Major C C C N C Table 8-A PRIMARY USES: COMMERCIAL ZONES P C N T Permitted by Right Conditional Use Permit Required Prohibited Telecommunications Antenna Review Permit Required C -NC C-R C -G O -L O -H Special Provisions Utilities—Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building's entrance Veterinary Services C C C N N Wholesaling N C C N N Shall be accessory to a Retail Sales use 63244.vl EXHIBIT "B" Table 10-A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Mobile Home Parks C Non -Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales—Off-Sale C Alcoholic Beverage Sales—On-Sale C Ambulance Services P Animal Boarding C Animal Grooming C Antennas—Broadcasting C Antennas—Telecommunications- T Subject to §§18.38.060 and 18.62.020 Stealth Building -Mounted Antennas—Telecommunications- C Subject to §18.38.060 Stealth Ground -Mounted Antennas—Telecommunications- N Subject to §18.38.060 Ground -Mounted Automotive—Car Sales & Rentals C Subject to §18.38.200 Automotive—Impound Yards C Subject to § 18.3 8.200 Automotive—Public Parking C Automotive—Parts Sales C Automotive—Repair and Modification C Automotive—Service Stations C Subject to §18.38.070 Automotive—Washing C Bars & Nightclubs C Billboards N Boat & RV Sales C Subject to §18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §18.38.190 and § 18.3 8.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios—Large C Dance & Fitness Studios—Small C Day Care Centers C Table 10-A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required I Special Provisions Drive -Through Facilities C Educational Institutions—Business C Educational Institutions—General C Equipment Rental—Large C Conditional use permit not required if conducted entirely indoors (Ord. 5944 § 8; Sept. 28, 2004) Equipment Rental—Small P Helipads & Heliports C Hospitals C Hotels & Motels C Subject to Chapter 18.48; reverse vending machines located Industry—Limited P entirely within a structure do not require any zoning approval Industry—General C Subject to Chapter 18.48 Junkyards C Subject to §18.38.200 Mortuaries C Offices—Development P Offices—General C Permitted without conditional use permit only if accessory to an Restaurants—Drive-Through C industrial or other primary permitted use Oil Production C Subject to §18.38.180 Outdoor Storage Yards C Subject to §18.38.200 Personal Services—General C Laundromats are subject to § 18.38.150 Personal Services—Restricted C Plant Nurseries P Subject to §18.38.190 and §18.38.200; Retail only requires a conditional use permit Public Services P Recreation—Bowling & Billiards C Recreation—Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation—Commercial Outdoor C Recreation—Low-Impact P Recreation—Swimming & Tennis C Recycling Services—Consumer P Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Recycling Services—General C Subject to Chapter 18.48 Recycling Services—Processing C Subject to Chapter 18.48 Repair Services—General P Repair Services—Limited C Research & Development P Restaurants—Drive-Through C Subject to §18.38.220 Table 10-A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required I Special Provisions Restaurants—General C Fast -Food and Take -Out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; Subject to §18.38.220 Restaurants—Semi-Enclosed C Subject to §18.38.220 Restaurants—Walk-Up C Retail Sales—Household Furniture C Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000 square feet of building floor area Retail Sales—General C Industrially -related only Retail Sales—Outdoor C Subject to §18.38.190 and §18.38.200 Self Storage C Subject to Planning Commission Policy Sex -Oriented Businesses P Subject to Chapter 18.54 Studios—Broadcasting P Studios—Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to §18.38.200 Utilities—Major C Utilities—Minor P Veterinary Services C Warehousing & Storage—Enclosed P Wholesaling P 63245.v1 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: October 12, 2006 "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: October 12, 2006 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6W AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ING TITLE 4 AND TITLE ISOFTHE ANAHEIM MUNICI- PAL CODE RELATING TO BILLBOARDS This ordinance amends Chapter 4.04 of Title 4 and Chapter 18.44 of Tine 18 of the Anaheim Municipal Code to (n add billboards to the fist of prohibtteduuses in the C%(Ji) repeal existing provision's permitting billboards as conditlonal uses in certain zones and areas of 1 k ,, (i6 repeal the devel- opment standards for new b' (iv) correct various Tables in Chapter 18,44 to remdve;F46 s from the fig of conditionally permitted trees and place bli boards in the list of prohibited uses, and (v) clarify that btNboards and other off-site advertising signs are not itted under the gener- al sign regulations oontakted In t.tugS�iu 4:04 of Title 4 of the Code ex to the extent express�lyy permitted elsewhere in the Code. Under this ordinance, BNlboards currently legally existing in the City would be allowed to remain in existence as legal nonconf9rning uses. I, Sheryll Schroeder, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 8042 which ordinance was introduced at a regular meeting of the City Council of ft City of Anaheim on the 26th da of September, 2006 and was duly passed and adoptedata regular meeting of said Council on the 3rd day of October, 2006 by the following roll call vote of the mem- bers thereof-., AYES: Mayor Pringle, Council Members Chavez, 'Hernandez, Sidhu, Galloway. . NOES: None ABSENT: None The above summary is a brief dsscrip lon of the subject matter contained in the text of Ordinan No. 6042, which has been prepared pursuant to Section 12 of the Charter of the City of Anaheim. This summary does rat include or de- scribe 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) 7655166, between 8:90 AM and 5:00 PM, Monday through Friday. There is no oharge�for the copy.r li�y i IletQa` dt toyer 12, 2006 Ptt 25 804: f 1s29m