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6137ORDINANCE NO. 6137 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (ZONING CODE AMENDMENT NO. 2008-00066). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SRCTION 1. That subsection .030 of Section 18.04.070 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Accessory Buildings. Non -habitable and habitable accessory structures, including but not limited to, garages, garden and storage sheds, and accessory living quarters, shall not exceed a height of one (1) story or fifteen (15) feet, whichever is less. This provision shall not apply to structures that are located outside of all required setback areas and comply with the same provisions as the main dwelling. All accessory structures encroaching into required setback areas may be subject to additional height restrictions as outlined in Section 18.04.100 (Table 44 — Permitted Encroachments for Accessory Uses/Structures: Single -Family Residential Zones.)" SECTION 2. That new subsection .570 be, and the same is hereby, added to Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code; and existing subsection .570 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, reorganized as subsection .580, as follows: ".570 "Wayfinding Sign" means an off-site sign which may contain multiple sign panels intended to advertise and direct vehicular traffic to new residential developments, districts or public venues and that is implemented in conjunction with an approved Wayfinding Sign program. .580 "Window Sign" means any words, picture, symbol, brand name, business name logo or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is applied or attached to a window or located within five (5) feet of the inside of a window in a manner that it can be seen from the exterior of the structure." SECTION 3. That subsection .200 of Section 18.44.040 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".200 Signs encroaching into the public right-of-way unless a variance has been approved allowing the encroachment into the ultimate right-of-way until the street is widened. Signs within the public right of way that are approved in conjunction with an approved Wayfinding Sign program are exempt from this prohibition." SECTION 4. That new Section 18.44.185 be, and the same hereby, added to Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: "18.44.185 RESIDENTIAL WAYFINDING SIGNS. .010 Off -Site Tract Signs in Conjunction with a Wayfinding Sign Program. Off-site tract signs approved as part of a Wayfinding Sign program may be approved subject to the provisions of Section 18.62.080 and the following additional criteria: .0101 The project developer or representative must request and receive a Wayfinding Sign program permit pursuant to Section 18.62.080. .0102 The Wayfinding Sign program shall initially identify a minimum of three (3) new residential developments or products that have been approved, completed or under construction. The residential developments shall be located within an approved Specific Plan, Master Land Use Plan, Redevelopment Project Area or located on property that is subject to an agreement with the Anaheim Redevelopment Agency. No more than one Wayfinding Sign program shall be authorized for each Specific Plan or Master Land Use Plan. The number of programs authorized within a Redevelopment Project Area and the total number of associated signs shall be determined by the Planning Director. .0103 A Wayfinding Sign program document shall be prepared and submitted. The document shall include criteria related to sign design, including permitted size and height; permitted number and precise location of signs proposed; permitted colors and materials; maintenance standards and responsibilities; and, implementation procedures. .0104 Number of Signs per Parcel. Not more than one (1) sign shall be permitted on any parcel having frontage on one public or private street. Parcels having frontage on more than one public or private street may have one (1) sign per street frontage. Proof of owner authorization to utilize property for this purpose shall be made a part of the Wayfinding Sign Program Permit approved pursuant to Section 18.62.080. 2 .0105 Location of Signs within Public Right -of -Way. Signs may be permitted within the public right-of-way, subject to review and approval by the Public Works/Engineering Department and subject to obtaining any necessary encroachment licenses and/or permits. .0106 Maximum Number of Signs. Except as otherwise may be permitted by the Planning Director due to unique access considerations, the maximum number of signs allowed as part of the Wayfinding Sign program shall not exceed the cumulative total of the number of development projects anticipated to be developed within the Specific Plan or Master Land Use Plan, but in no instance shall exceed 20 signs. .0107 Area and Height Limitations. The maximum area of a wayfinding tract sign shall be sixty-five (65) square feet. Except as may otherwise be permitted by the Planning Director due to topographical considerations, no Wayfinding Sign shall exceed eight (8) feet in height. .0108 Consistent Theme and Design. Signs approved as a part of a Wayfinding Sign program shall have a consistent theme and design. In addition, signs shall be non -illuminated and individual sign panels shall only identify the name of the residential project or venue advertised including directional arrows. The sign frame or support structure may identify the name of the master development. .0109 Anti -Graffiti Measures. Wayfinding Signs shall be constructed with materials and finishes that are graffiti resistant. The applicant shall consult with the Code Enforcement Division prior to submittal of the Wayfinding Sign Program Permit and implement all recommended measures. Through this consultation process, the applicant shall also provide the Code Enforcement Division with contact information for the person or entity responsible for maintaining the sign in accordance with the standards set forth in 18.44.185.020 (Sign Maintenance). .020 Sign Maintenance. In the event that signs are targeted by graffiti, the graffiti shall be removed within 24 hours. In the event that a sign is otherwise damaged, it shall be repaired or removed within 72 hours. .030 Time Limitation. The Wayfinding Sign program shall stipulate the duration and length of time allowed for the sign program, but in no event shall it exceed the amount of time necessary to achieve the initial sale or lease of the projects identified or five (5) years, whichever occurs first. However, the Planning Director may extend the life of the Wayfinding Sign program in one (1) year increments for up to five (5) additional years. Once the sale or initial occupancy of all units in an individual development is completed, reference to said development shall be immediately removed from the Wayfinding Sign(s)." SECTION 5 That new Section 18.62.080 be, and the same is hereby, added to Chapter 18.62 of Title 18 of the Anaheim Municipal Code to read as follows: 3 "18.62.080 WAYFINDING SIGN PROGRAM PERMITS. This section sets forth the procedures for processing an application for a Wayfinding Sign Program Permit, when such a permit is allowed pursuant Section 18.44.185 (Residential Wayfinding Signs) of Chapter 18.44 (Signs). .010 Application. An application, on a form approved by the Planning Director, for a Wayfinding Sign Program Permit shall be filed with the Planning Department. .020 Criteria. The criteria for approval of a Wayfinding Sign Program Permit are set forth in Section 18.44.185 (Residential Wayfinding Signs) of Chapter 18.44 (Signs). .030 Issuance or Denial of Permit. If the Planning Director determines that all provisions of Section 18.44.185 (Residential Wayfinding Signs) of Chapter 18.44 (Signs) and the provisions of this Section are, or will be, complied with, and that all other necessary permits have or will be obtained, a permit shall be issued; otherwise, the application shall be denied. .040 Revocation of Permit. Any violation of the provisions set forth in Section 18.44.185 (Residential Wayfinding Signs) maybe considered cause to revoke a permit issued under the provisions of this Section. 050 Permit Fee. A fee may be charged per Chapter 18.80 (Fees). .060 Decision. The decision of the Planning Director is final, unless appealed to the Planning Commission within fifteen (15) days after the date the decision is made." SECTION 6. 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 here from of any such portion as may be declared invalid. SECTION 7. 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. 4 SECTION 8 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 therefore as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 31 st day of March , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 14th day of April , 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF HEIM By: MAY OF THE CI OF NAHEIM ATTEST: , Pj, w 7 CITY CL RK OF THE CITY OF AN HEIM 7241 Lv2/Wordon 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: April 23, 2009 "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: April 23, 2009 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION ORDINANCE NO. 6137 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (ZONING CODE AMEND- MENT NO. 2008-00066). THE CITY.COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS. AS FOLLOWS: SECTION 1. That subsection .030 of Section 18.04.070 of Chapter 18.04 of Tale 18 of the Anahei Municipal Code be, and the same is hereby, amended to read as follows: i".030 Accessory Buildings. Non -habitable and habitable accessory structures, inclu in but not limited to, garages, garden and storage sheds, and accessory Irving quarter shall not exceed a height of one (1) story or fifteen (15) feet, whichever is less. This prop Sion shall not apply to structures that are located outside of all required setback areas ar comply with the same provisions as the main dwelling All accessory structures encroacl ng into requird setback areas may be subject to additional height restrictions as outline in Section 18.04.100 (Table 4J - Permitted Encroachments for Accessory Uses/Structures Single -Family Residential Zones.)" SECTION 2. That new subsection .570 be, and the same is hereby, added to Section 18.44.030 c Chapter 18.44 of Title 18 of the Anaheim Municipal Code; and existing subsection .570 c Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and th .same is hereby, reorganized as subsection .580, as follows: ".570 "Wayfinding Sign" means an off-site sign which may contain multiple sign paneh intended to advertise and direct vehicular traffic to new residential developmene, d cta or public venues and that is implemented in conjunction with an approved Wayfinding Sgr program. .580 "Window Sign" means any words, picture, symbol, brand name, business name logo or combination thereof, designed to communicate information about an abusi- ness, commodity, event, sale, or service, that is applied or attached to a window or orated within five (5) feet of the inside of a window in a manner that it can be seen from the exteri. or of the structure." SECTION 3. That subsection .200 of Section 18.44.040 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "200 Signs encroaching into the public right-of-way unless a variance has been ap- proved allowing the encroachment into the ultimate right-of-way until the street is widened. Signs within the public right of way that are approved in conjunction with an approved Wayfinding Sign program are exempt from this prohibition." SECTION 4. That new Section 18.44.185 be, and the same hereby, added to Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: '18-"185 01OffSiteSIDct Signs in C 'unction SIONS�nding Sign Program. Offstle tract Sig ns approved as part of a yyavfin=,j Sign program may be approved subject to the pro - Section 18 62.080 and the following additional criteria: .0101 The project developer or representative must request and receive a Wayfinding Sign program permit pursuant to Section 18.62.080. 0102 The Wayfinding Sign program shall initially identify a minimum of three (3) new residential developments or products that have been approved, completed or under con- struction. The residential developments shall be located within an approved Specific Plan Master Land Use Plan, Redevelopment Project Area or located on properly that ie srbJact to an agreement with the Anaheim Redevelopment Agency. No more than one Wa ing Sign program shall b authorized for each Specific plan or Master Lad Use Plan, The number of programs authorized within a Redevelopment Project Area and the toted number I of associated si�ggns shall be determined by the PlanningDirector. .0103 A' ayfinding Sign program document shall be prepared and submitted. The document shall include criteria related to sign design, including permitted size and height; 1 permitted number and precise location of signs proposed; permitted color lem and m; d maintenance Number ofSigns perpParcel. Not more thpann one 1) egg shall b permitted on e any parcel having frontage on one public or private street. Parcels having frontage more than one public or private street may have one (1) sign per street frontage. proofh c owner authorization to utilize property for this purpose shell be made a part of the a Wayfinding Sign Program Permit approved pursuant to Section 18.62.080, .0105 Location of Signs within Public Right -of -Way. Signs may b permittd within the ti public right-of-way, subject to review and approval by the Public W sleerjng De- partment and subject to obtaining any necessary encroachment dicenaas rid/ Hing Director due to unique Number.0106 Maximum of considea. eratiorist as �thti�e otherwisebe nuPer D d byjy theeo�wy� h of part of the Wayfinding Sign program shall not exceed the cumudatim toted of a number A of development projects anticipated to be developed within the Specific Plan or Master Land.0107 Area and Height but in no instance shall Theemmaxximuum area of a wayfinding tract sign shalt 20 signs. A be dogphaExcept ngglyed(gDactor ue t-fiveo ttporaicaooi rrations, no Wayfinding Sina lexceed eight 8)feetin height. a8Consistent Thonsand � gandhfndyV nneprogmshall have acnisenttheme an design. Iaddition, signs s all bSign and individual sign panels shall only identify the name of the residential project or venue advertised including directional arrows. The sign frame or support structure may A" identify the name of the master developpment. 0109 Anti -Graffiti Measures. Wayfinding Signs shall be constructed with materials and /s, finishes that are graffiti resistant. The applicant shall consult with the Cde Enforcement Cl JTrvision prior to submittal of the Wayfindmg Sign program Permit and implement aN recom- mended measures Throuch this consultation process the aoolicant shall al o e Py CodeEnforcement Division with contact information for the person or entity responsible for maintaining the sign in accordance with the standards set forth in 18.44.185.020 (Sign Maintenance). .020 Sign Maintenance. In the event that signs are targeted by graffiti, the graffiti shall be removed within 24 hours. In the event that a sign is otherwise damaged, it shall be repaired or removed within 72 hours. 030 Time Limitation. The Wayfinding Sign program shall stipulate the duration and n length of time allowed for the sign program, but in no event shall it exceed the amount of time necessary to achieve the initial sale or lease of the projects identified or five (5) years, whichever occurs first. However, the Planning Director may extend the life of the I- Wayfinding Sign program in one (1) year increments for up to five (5) additional years. Once the sale or initial occupancy of all units in an individual development is completed, i- reference to said development shall be immediately removed from the Wayfinding J Sign(s)." i SECTION 5 That new Section 18.62 080 be, and the same is hereby, added to Chapter 18.62 of Ti- tle 18 of the Anaheim Municipal Code to read as follows: Y8"62"080 WAYFINDINO SION PROORAN PERMITS. f This section sets forth the procedures forpro.185 (F(cessing an application for a Wayy finding f Siggn Program Permit, when such a permit is allowed pursuant Section 18.44esiden- tialOWayfinding Signs) of Chapter 18.44 (Signs). 10 Application. An application, on a form approved by the Planning Director, for a Wayfinding Sign Pr ram Permit shall be filed with the Planning Department. .6020 Criteria. The criteria for approved of a Wayfinding Sign Program Permit are set forth in Section 18.44 .1185 (Residential Wayfinding Signs) of Chapter 18.44 (Signs). .030 Issuance or Denial of Permit. if the Planning Director determines that all provi- sions of Section 18.44.185 (Residential Wayfinding Signs) of Chapter 18.44 (Signs) and the Provisions Of this Section are, or will be, complied with, and that all other necessary per- mits have or will be obtained,'a permit shall be issued; otherwise, the application shall be denied. .040 Revocation of Permit. Any violation of the provisions set forth in Section 18.44 185 (Residential Wayfinding Signs) may be considered cause to revoke a permit issued under the provisions off this Section. it Fee. A fee be .060 Dec sion. The decision of the Plaed nning Der irectory iter s final, unless Planning Commission within fifteen (15) days after the date the decision is rade." to the SECTION 6. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, para- graph, 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 k would have passed all other Portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 7. 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 li- came or penalty or the penal provisions applicable to any violation thereof. The provisions Df this ordinance, insofar as they are substantially the same as ordinance provisions previ- Dusty adopted by the City relating to the same subject matter, shall be construed as 'estatements and continuations, and not as new enactments. SECTION 8 PENALTY it shall be unlawful for any person, firm or corporation to violate any provision or to fail D comply with any of the requirements of this ordinance. Any person, firm or corporation iodating any provision of this ordinance or failing to comply with any of its requirements hall be deemed guilty of a misdemeanor and upon conviction thereof shell b unrated i a fine not exceeding One Thousand Dollars (81,000.00) or by imprisonment not exceed - o six (6) months, or by both such fine and imprisonment. Each such person, firm or cor- oretion shall be deemed guilty of a separate offense for each day during any portion of rhich any violation of any of the provisions of this ordinance is committed, continued or ennitted by such person, firm or corporation, and shall be punishable therefore as pro d for in this ordinance. vid- I of the THE FOREGOING ORDINANCE was introduced at a re0g0u91ar meeting of the City Coun- iopted at a eguof ullar meeting of said Caheim held on the � Council held of hon the 4h day of Appassed by ie following roll call vote: YES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring DES: NONE 3SENT: NONE 3STAIN: NONE CITY OF ANAHEIM By: /s/ Curt Pringle MAYOR OF THE CITY OF ANAHEIM TEST: Linda N. Andal rY CLERK OF THE CITY OF ANAHEIM b1ish Anaheim Bulletin A rid 23 2009 9082278