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94-240 RESOLUTION NO. 94R-240 A RESOLUTION OF THE ANAHEIM CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE ANAHEIM RESORT NONCONFORMING SIGNAGE PROGRAM. WHEREAS, the City of Anaheim ("City") is an area of national and international interest as a tourist and convention center and many millions of dollars have been spent in the development of hotels, motels, restaurants and other service-type businesses to accommodate the large number of tourists and visitors coming annually to the City of Anaheim; and WHEREAS, the visitor and convention business plays an important role in the prosperity and economy of the City of Anaheim and of its citizens; and WHEREAS, the City has for many years recognized the impact of the tourist and convention business on the general economy and has encouraged the orderly development of the area in and around the Anaheim Convention Center and Disneyland by imposing strict zoning procedures for developments in the area and by designation of the area in the close proximity of and including the Anaheim Convention Center and Disneyland as Commercial Recreation in the General Plan of the City; and WHEREAS, the City initiated planning efforts in 1989 for the long-term development strategy and enhancement of the area known as the Anaheim Resort (formerly referred to as the Commercial Recreation Area), including adoption of revisions to the C-R Zoning Ordinance and adoption of Design Guidelines in 1990; and WHEREAS, the Anaheim Resort encompasses approximately 1,046 acres generally located adjacent to and southwest of the Santa Ana Freeway (I-5). This area is accessible from Harbor Boulevard, Ball Road, Freedman Way, Katella Avenue, West Street, Orangewood Avenue, Haster Street/Anaheim Boulevard and Walnut Street, as shown on Attachment A, which is incorporated herein; and WHEREAS, the City subsequently approved The Disneyland Resort Specific Plan (SP92-1) for the comprehensive development and revitalization of the existing Disneyland and adjacent properties, which addresses development of a new theme park, known as WESTCOT theme park, additional hotels and entertainment areas, new parking facilities and a transportation system, and the Hotel Circle Specific Plan (SP93-1) which provides for the development of 700 additional hotel rooms (269 existing) on a 6.8-acre site; and WHEREAS, concurrently with this Resolution, the City Council has adopted the Anaheim Resort Specific Plan which establishes a comprehensive land use plan and provides for the development of up to 15,906 additional hotel rooms, convention, retail and other visitor-serving uses as well as setting forth the infrastructure improvements which will be needed to support future development; and WHEREAS, concurrently with this Resolution, the City Council has adopted the Anaheim Resort Identity Program (SP92-2) which sets forth identity elements for the Anaheim Resort including gateway, signage, street furnishings and pageantry elements which are intended to create a consistent visual theme and unify the Anaheim Resort; and WHEREAS, the City desires to provide an incentive to encourage business, property and sign owners within the Anaheim Resort to bring their signage into conformance with the new standards identified in the Anaheim Resort Specific Plan, The Disneyland Resort Specific Plan, the Hotel Circle Specific Plan and the Anaheim Resort Identity Program; and WHEREAS, City staff has prepared the Anaheim Resort Nonconforming Signage Program, a copy of which is provided as Attachment B to this Resolution and incorporated herein; and WHEREAS, the Anaheim City Planning Commission by its Resolution No. PC94-117 has recommended that the City Council adopt the Anaheim Resort Nonconforming Signage Program; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, the City Council, in Resolution No. 94R- , did find that FEIR No. 313 with the Statement of Findings and Facts and Statement of Overriding Considerations and the corresponding Mitigation Monitoring Program No. 0085, addressed the environmental impacts and mitigation measures associated with (i) General Plan Amendment No. 333 pertaining to the Land Use, Circulation and Environmental Resource and Management Elements of the General Plan; (ii) The Anaheim Resort Specific Plan No. 92-2 (including Zoning and Development Standards, a Design Plan and Guidelines, and a Public Facilities Plan); (iii) the Anaheim Resort Identity Program; (iv) the Anaheim Resort Public Realm Landscape Program; (v) the Anaheim Resort Nonconforming Signage Program and (vi) future discretionary actions described in Draft Environmental Impact Report No. 313. NOW, THEREFORE, BE IT RESOLVED that based on the foregoing the Anaheim city Council does hereby adopt the Anaheim Resort Nonconforming Signage Program as set forth in Attachment B to provide a financial incentive to business, property and sign owners desiring to replace their legal nonconforming signage with conforming signage within the three-year period specified therein, improve the overall aesthetics of the Anaheim Resort, and contribute to the transformation of the area into a resort environment. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of September, 1994. ~~~~jf MAYOR-OF THE%?rTY OF ~HEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 8686.1\SMANN\September 20, 1994 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-240 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of September, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson ~,~. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-240 on the 21st day of September, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21th day of September, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 94R-240 was duly passed and adopted by the City Council of the City of Anaheim on September 20, 1994. CITY CLERK OF THE CITY OF ANAHEIM ~ i ~ ~, '~,~ % nconnec onw h -8 The Anaheim Resort Specific Plan Anaheim, California Legend The Anaheim Resort Specific [ ...... J Limit of Anaheim Resort Plan/Anaheim Resort Anaheim Resort Specific Plan Limit Boundaries · ~J m .J~ Designated for Future Extension In (~ General Plan Circulation Element 0 1000 2000 feet North ~. Designated Future Alignment in General Plan Circulation Element* · In connection with The Disneyland Resort Specific Plan, Cerritos Avenue Js planned to be relocated 1,000 to 1,100 feet northerly, a portion of West Street is planned to become a cul-de-sac (West Place) ATTACHMENT "A" ATTACHMENT B ANAHEIM RESORT NONCONFORMING SIGNAGE PROGRAM I. PURPOSE The Anaheim Resort Specific Plan, The Disneyland Resort Specific Plan and the Hotel Circle Specific Plan require all nonconforming signs to be removed, altered or replaced so as to conform to the requirements of the applicable Specific Plan within a specified abatement period. At that time, the Property, Business or Sign Owner will be required to remove the nonconforming sign, and if they desire, replace it with new signage in conformance with applicable zoning codes and the Anaheim Resort Identity Program (which identifies the design for the Anaheim Resort freestanding monument sign). Full costs associated therewith will be borne by the Property, Business or Sign Owner. This Nonconforming Signage Program has been developed to provide a financial incentive to encourage Business, Property and Sign Owners within the Anaheim Resort to replace legal nonconforming freestanding pole and monument signs with conforming signage at an earlier point then the required abatement period, specifically within a three-year period following adoption of the Resolution authorizing this program. II. APPLICABILITY This program shall apply to legal nonconforming freestanding pole and monument signs within the Anaheim Resort, as defined within the Anaheim Resort Specific Plan No. 92-2, The Disneyland Resort Specific Plan No. 92-1 and the Hotel Circle Specific Plan No. 93-1. III. DEFINITIONS A. The "Business Owner" is that person(s) who is registered with the City's Business License Division under the business entity and address identified on the sign. B. The "Property Owner" is that person(s) to whom the property is assessed on the last equalized County tax assessment roll available at the date the notice (provided for in paragraph D-1 of Section IV) is sent. C. The "Sign Owner" is that person(s) or business entity who owns the sign as identified by the Building Division of the City of Anaheim Planning Department sign permit records or the records of the property owner or occupant. The Sign Owner may be the same as or different from the Property Owner or the Business Owner. IV. PROVISIONS A. Term of Program - This program shall remain in effect for a period of three years following city Council's adoption of the Resolution authorizing this program. B. Eligible Signs - This program applies to all legal nonconforming freestanding pole and monument signs in the Anaheim Resort identified as part of the City's inventory of existing signs. Under no circumstances will any illegally erected freestanding pole or monument signs be eligible for this program. C. Eligible Properties: 1. Properties adjacent to Harbor Boulevard and Katella Avenue Harbor Boulevard between I-5 and Orangewood Avenue, and Katella Avenue between Walnut Street and the I-5, are the most visible streets in the Anaheim Resort for both vehicular and pedestrian traffic. The replacement of legal nonconforming freestanding pole and monument signage along these corridors with conforming signage will improve the aesthetics of the Anaheim Resort, make the signage more efficient and contribute towards the transformation of this area into a resort environment. Therefore, as funding permits, and as an incentive for Property, Business and Sign Owners to replace their nonconforming signage, the City will pay for the removal and replacement of legal nonconforming freestanding pole and monument signage with conforming signage and the repair of any damage, if any, caused to the real property as a result of the removal of the pole or monument sign. 2. Other ProDerties in the Anaheim Resort For properties in the Anaheim Resort other than those along the portions of Katella Avenue and Harbor Boulevard identified above, as funding permits, the City will provide a maximum of $5,000.00 for each lot or parcel to assist Property, Business and Sign Owners to replace legal nonconforming freestanding pole and monument signage with conforming signage. D. Procedures 1. Within sixty (60) days following adoption of the Resolution authorizing this Program, notices will be sent to eligible Property, Business and Sign Owners informing them of this incentive program and encouraging their participation. The notice will request Property, Business and Sign Owners to indicate their interest in participating in the program within sixty (60) days of receipt of the notice. As response are returned, the respondents will be placed on a chronological priority list in the order received. 2. For the properties identified in C-i, the following shall apply: a. As funding permits, the City will meet with the Property, Business and/or Sign Owners to determine the following: 1) The location of the replacement signage and design of the sign face (the Property, Business and/or Sign Owner will design the sign face in accordance with the requirements for the property as set forth in the applicable Specific Plan); 2) A preliminary evaluation of repairs, if any, that may be needed to the property resulting from the removal of the nonconforming pole or monument signage; and, 3) The date and time for the removal and replacement of the nonconforming pole or monument signage. b. Prior to the commencement of any work on the property, the Property Owner, Business Owner and Sign Owner shall enter into an agreement with the City of Anaheim, authorizing the City or its agents to enter the property and complete the above-described work. Said agreement shall be subject to the approval of the City Manager or his/her designee. c. Removal, replacement and repair work will be performed by a licensed contractor on contract with the City. The City will pay directly to the contractor all invoices associated with the actual removal and replacement of said signs and repairs, if any, that may be needed to the property resulting from the removal of the nonconforming pole or monument signage. 3. For the properties identified in C-2, as funding permits, the City will provide a maximum $5,000.00 for each lot or parcel towards the actual cost of removal and replacement of the nonconforming pole or monument signage. a. Prior to commencement of removal of the nonconforming pole or monument sign, the Property, Business and/or Sign Owner shall meet with the City to determine the location of the replacement signage, obtain a sign permit and provide the City with the estimated cost prepared by the City authorized contractor of removing and replacing the nonconforming pole or monument sign with conforming signage. b. Following receipt of the estimate, the Property, Business and/or Sign Owner shall enter into an agreement with the City of Anaheim wherein the City will reserve a maximum of $5,000.00 for a period of up to sixty (60) days, unless otherwise extended by the City. The agreement shall further specify that the City shall pay directly to the sign contractor who completes the actual removal and/or replacement work, a maximum of $5,000.00 following submittal to the City of a receipt verifying the actual cost of removal and replacement of the nonconforming pole or monument signage in accordance with the sign permit and final City inspection. In no case shall the City pay a sign contractor more than the actual cost of removal and replacement of the nonconforming pole or monument signage. V. SPECIAL PROVISION FOR PROPERTIES IDENTIFIED IN PARAGRAPH C-1 OF SECTION IV OF THIS PROGRAM UNABLE TO CONFORM DUE TO SPECIFIED INFRASTRUCTURE IMPROVEMENT PROGRAMS The EIR No. 313 Response to Comments document, dated August 19, 1994, includes a document entitled, "Short-Term Right-of-Way Requirements (Over 10 Years to 2005) Areawide Improvements." This document shows the anticipated right-of-way (referred to as the "short-term right-of-way" for the purposes of this program) which will be required to implement the Katella Avenue Smartstreet Program, the City Critical Intersection Program and the I-5 Freeway widening. The anticipated short-term right-of- way in many cases does not encompass the ultimate right-of-way as shown on the City of Anaheim General Plan Circulation Element. In some instances the short-term right-of-way will be very close to existing buildings, primarily along Katella Avenue, and will require the relocation of existing signage. If authorized by the applicable Specific Plan and subject to the approval of the Planning Director, in order to provide an incentive to Property, Business and Sign Owners affected by these short-term right-of- way improvements to replace legal nonconforming freestanding pole 8686.1\$MANN\$eptember 20, 1994 7 and monument signage with conforming signage, modifications may be made to signage requirements for properties in the Anaheim Resort adjacent to Harbor Boulevard between Orangewood Avenue and I-5 and Katella Avenue between Walnut Street and I-5 as specified herein which are affected by these infrastructure improvements (the Katella Avenue Smartstreet Program, the city Critical Intersection Program and the I-5 Freeway widening) as follows: 1. Until such time as Katella Avenue is widened to its ultimate right-of-way or a property abutting Katella Avenue redevelops at the new setback line (11 feet from the ultimate right-of-way), freestanding monument signs may have a zero-foot setback from the short-term right-of-way if the Property, Business and Sign Owner is a participant in the Nonconforming Signage Program. 2. If the short-term infrastructure improvements along Katella Avenue or Harbor Boulevard are such that the setback between the right-of-way and the actual building setback is not wide enough to accommodate the minimum Anaheim Resort freestanding monument sign (minimum length of 14 feet, 4- inches) or required setback (zero setback adjacent to the ultimate right-of-way) and if the Property, Business and Sign Owner is a participant in the Nonconforming Signage Program, then the signage design may be modified subject to the approval of the Planning Director in accordance with the following options (see next page for diagram illustrating these options): a. Placement of 14-foot, 4-inch long monument sign perpendicular to the street within a newly created landscape area which may have been formerly used for surface parking subject to the approval of the Traffic and Transportation Manager. b. Use of a modified monument sign design (10-foot length without columns) c. Placement of 14-foot, 4-inch monument sign parallel to the street. d. Where no monument sign is feasible, provision for additional wall signage (for hotel uses only) to accommodate vacancy and affiliation information similar to that provided for on Anaheim Resort conforming monument signs. If these options are determined by the City to be infeasible, than a superior option may be submitted to the City subject to the Planning Director's consideration and approval. C. In no event shall removal or replacement costs which would otherwise be paid by one of these infrastructure programs be paid by this Nonconforming Signage Program.