Santa Ana Municipal Code § 41-1103 Application to existing signs

The purpose and intent of this article is to allow:

(1) The installation of digital billboards adjacent to freeways in suitable locations;

(2) The reconstruction or conversion of existing static freeway-oriented billboards to digital billboards; and

(3) The reconstruction or conversion of existing on-premise freeway-oriented advertising signs to digital billboards.

(Ord. No. NS-3023, § 4, 7-19-22)

These provisions seek to achieve the following goals:

(1) The removal of existing billboards along arterial streets;

(2) The construction of new freeway-oriented digital billboards in exchange for specific economic and community benefits as described in this article;

(3) The reconstruction/conversion of freeway-oriented existing static billboards in exchange for specific economic and community benefits as described in this article;

(4) The reconstruction or conversion of existing on-premise freeway-oriented digital signs to off-premise commercial advertising signs;

(5) The display of public service announcements; and

(6) The generation of revenue for City to fund ongoing services and community needs.

(Ord. No. NS-3023, § 4, 7-19-22)

As used in this article, the following words, terms or phrases have the following meanings:

(1) Adjacent (when used to refer to a billboard adjacent to a freeway) shall mean located within three hundred (300) feet of the edge of pavement of a freeway on a parcel having frontage on said freeway and as depicted on maps by the Planning Division.

(2) Arterial Billboard means an off-premise commercial advertising sign located adjacent to a public street that is not freeway oriented.

(3) Billboard and Off-Premise Commercial Advertising Sign means a sign affixed to the ground as a permanent structure used for the display of off-premise advertising to the public.

(4) Billboard Operating Agreement means an agreement entered into by and between the City and the billboard operator which will specify terms for fees to compensate for impacts on City aesthetics and services, including an Economic and Community Benefits Plan, if proposed.

(5) Classified Landscaped Freeway, when referenced in this Article, refers to a designation applied by the California Department of Transportation (Caltrans) to certain freeway segments which meet the criteria established by the California Code of Regulations Outdoor Advertising Regulations, Title 4, Division 6, and as amended.

(6) Commercial Advertisement means any advertisement which has, as its primary purpose, the promotion of the sale of goods or services by a commercial business or enterprise to the public generally or any significant part thereof.

(7) Digital Billboard means a billboard or off-premise commercial advertising sign using technologies, such as LCD (Liquid Crystal Display) and LED (Light-Emitting Diode), to display images and text.

(8) Freeway Corridor means land located within three hundred (300) feet of the edge of freeway pavement and having frontage on the following freeways: the Santa Ana (I-5) Freeway; the Garden Grove (SR-22) Freeway; and the Costa Mesa (SR-55) Freeway.

(9) Freeway-Oriented means any billboard that is adjacent to a freeway, designed to be viewed primarily by persons traveling on the main-traveled way of the freeway.

(10) Freeway-Oriented On-Premise Digital Sign (Existing) means an electronic, digital message display that has been approved by the City of Santa Ana as part of a regional planned sign program pursuant to Section 41-885 of the Santa Ana Municipal Code.

(11) Noncommercial Advertisement Sign means any advertisement other than a commercial advertisement, including public service announcements.

(12) Off-Premise Advertisement Sign means any commercial advertisement other than an on-premise advertisement sign that advertises products or services that is not located, produced, or offered for sale on the subject premise.

(13) On-Premise Advertisement Sign means any commercial advertisement which pertains solely to goods or services which are produced or offered for sale on the premises where the advertisement is displayed.

(14) Static Billboard means a billboard or off-premise commercial advertising sign that is not equipped as a digital display.

(Ord. No. NS-3023, § 4, 7-19-22)

To the extent that there is any conflict between the provisions of this article and the provisions of the California Outdoor Advertising Act, codified at California Business and Professions Code Sections 5200 et seq., and as amended, the Outdoor Advertising Act shall prevail.

(Ord. No. NS-3023, § 4, 7-19-22)

Any off-premise commercial advertising sign which was constructed in conformance with the requirements of this article as they existed at the time of such construction, but which is not in conformance with the requirements of this article, shall be deemed a legal nonconforming use for purposes of this article, and may be maintained subject to the restrictions and limitations imposed on nonconforming uses by this chapter. Such signs may be compelled to be removed through amortization subject to the requirements and limitations imposed by Sections 5412 through 5412.4 of the Business and Professions Code of the State of California, the provisions of which, as they may from time to time be amended, are incorporated herein by this reference.

(Ord. No. NS-3023, § 4, 7-19-22)

The City Council may, by resolution, establish fees for any or all the administrative processes established by this article. Every application for a billboard permit or Conditional Use Permit (CUP) or appeal to the Planning Commission or City Council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee. The City Council shall from time to time by resolution adopt a schedule of fees to be charged.

(Ord. No. NS-3023, § 4, 7-19-22)

Nothing in this article shall be deemed to prohibit or restrict the use of any sign authorized by this article for any noncommercial message. No permit required for any sign under this article shall be granted, conditioned, or denied based on the content of the message displayed by such sign, whether such message is commercial or noncommercial in nature.

(Ord. No. NS-3023, § 4, 7-19-22)