ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 4.08.020 (ADVERTISING SIGNS ALONG
FREEWAYS – RESTRICTED) OF THE ANAHEIM MUNICIPAL
CODE FOR CONSISTENCY WITH THE SPECIAL SIGN
DISTRICTS ESTABLISHED BY ANAHEIM MUNICIPAL
CODE SECTIONS 4.04.400 (TRANSIT SPECIAL SIGN
DISTRICT), 4.04.401 (STADIUM SPECIAL SIGN DISTRICT)
AND 4.04.402 (ARENA SPECIAL SIGN DISTRICT)
WHEREAS, the Outdoor Advertising Act (Chapter 2 of the California Business and Professions Code, commencing at Section 5200; herein referred to as the "OAA") regulates the size, illumination, orientation and location of advertising displays within specified distances of interstate or primary highways. With some exceptions, the OAA prohibits "off-premises" advertising displays from being placed or maintained within a 660-foot wide controlled area at the edge of interstate or primary highways. State Route 57 ("SR-57") is a "primary highway" and, therefore, is subject to the regulation of advertising displays under the OAA; and WHEREAS, with the adoption of Ordinance No. 6320 on April 7, 2015, the City Council established the ARTIC Special Sign District pursuant to Section 5272.1 of the California Business and Professions Code, which exempts from the OAA advertising displays at a publicly-owned multimodal transit facility that serves passenger rail and that is to serve as a station for a high-speed train system. On _________, 2022, the City Council adopted Ordinance No. _____, which, among other things, modified the name of the district from “ARTIC Special Sign District” to the “Transit Special Sign District”; and
WHEREAS, with the adoption of Ordinance No. 6444 on September 11, 2018, the City Council established the Arena/Stadium Special Sign District pursuant to Section 5272 of the California Business and Professions Code, which exempts from the OAA specified advertising displays authorized by local ordinance at the premises of an arena or stadium that is capable of providing a permanent venue for professional sports and has a capacity of 15,000 seats or more; and
WHEREAS, with the adoption of Ordinance Nos. ____ and _____ on ____________, 2022, the Arena/Stadium Special Sign District is now recognized as two distinct geographical areas referred to as the “Arena Special Sign District” with respect to Anaheim Arena and the “Stadium Special Sign District” with respect to Anaheim Stadium; and WHEREAS, unless exempted by the provisions of Anaheim Municipal Code Section
4.08.020, advertising structures, accessory signs, post signs and advertising signs are restricted when such structures are designed or have advertising thereon maintained primarily to be viewed from a main traveled roadway of a freeway; and
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WHEREAS, amending Section 4.08.020 is necessary in order to maintain consistency with the exemptions for freeway oriented signs allowed by the establishment of the Transit Special Sign District, the Arena Special Sign District and the Stadium Special Sign District; and WHEREAS, this ordinance is proposed in conjunction with and is a component of the entitlement of the ocV!BE development, which consists of, among other things, General Plan Amendment No. 2020-00532, Miscellaneous Case No. 2020-00739, Reclassification No. 2020- 00333, Zoning Code Amendment No. 2020-00174, Miscellaneous Case No. 2020-00751, Development Agreement No. 2020-00004, Final Site Plan No. 2020-00004, Final Site Plan No. 2020-00005, Final Site Plan No. 2020-00006, Final Site Plan No. 2020-00007, Final Site Plan No. 2020-00008, amendment to Conditional Use Permit No. 2010-05492, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19153 (together "Proposed Project"); and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and
WHEREAS, by Resolution No. 2022-_____, considered and approved by the City Council concurrently with but prior in time to consideration of this ordinance, the City Council found and determined: (i) Addendum No. 11 was prepared for the Proposed Project in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City’s Local CEQA Procedures; (ii) Addendum No. 11 to Final Subsequent Environmental Impact Report (FSEIR No. 339), Mitigation Monitoring Program No. 106C (MMP 106C) adopted for FSEIR No. 339, and Mitigation Monitoring Plan No. 383 (MMP No. 383), together with the previously approved environmental documents for development in the Platinum Triangle, constitute the appropriate environmental documentation for the Proposed Project pursuant to Section 15164 of the State CEQA Guidelines; (iii) none of the conditions described in Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA for this ordinance; and
WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this ordinance, that the facts stated in this ordinance are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentation, the staff report and all materials in the files for the Proposed Project. There is no substantial evidence that negates the findings made in this ordinance. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it; and WHEREAS, the City Council determines that this ordinance is in accord with the public purposes and provisions of applicable State and local laws and requirements. - 3 -
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Section 4.08.020 (Advertising Signs Along Freeways -- Restricted) of Chapter 4.08 (Outdoor Advertising Signs and Structures -- Near Freeways) of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows:
4.08.020 ADVERTISING SIGNS ALONG FREEWAYS — RESTRICTED.
No advertising structure, accessory sign, post sign or other advertising sign shall be erected, constructed, located or maintained regardless of the district or zone in which it is located, except as provided in Section 18.44.100 (Freeway-Oriented On-Site Signs), or in Section 4.04.400 (Transit Special Sign District), Section 4.04.401 (Stadium Special Sign District) or Section 4.04.402 (Arena Special Sign District) of this Code:
.010 If such structure is designed to have or has the advertising thereon maintained primarily to be viewed from a main traveled roadway of a freeway; or .020 If such structure or sign, because of its location, size, nature or type, constitutes, or tends to constitute, a hazard to the safe and efficient operation of vehicles upon a freeway, or create a condition which endangers the safety of persons or property thereon.
SECTION 2.
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 3.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. - 4 -
SECTION 4.
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 27th day of September, 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR PRO TEM OF THE CITY OF
ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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