Santa Ana Municipal Code § 41-893 Hearing before the planning commission

Footnotes:

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Editor's note— Ord. No. NS-2116, § 4, adopted Mar. 18, 1991, repealed former Div. 4, §§ 41-890—41-893, of this article, relative to sign permits for on-premise signs, and enacted similar new provisions in lieu thereof as Div. 4, §§ 41-890—41-894. Formerly, such provisions derived from Ord. No. NS-1721, § 1, adopted Apr. 2, 1984.

Applications for sign permits shall be filed by, or with the written consent of, the property owner on forms required by the zoning administrator and shall be accompanied by the following information:

(1) A pictorial representation of, and other information about, the proposed sign, disclosing overall dimensions, dimensions of letters and figures, colors, materials, copy, and illumination or movement characteristics, if any.

(2) A plan of the site on which the proposed sign is to be located showing the location of all existing or proposed signs subject to this article, buildings, parking areas and vehicular accessways.

(3) A description of the type and dimensions of all other existing or proposed signs on the site which are subject to this article, relating each to the location shown on the site plan.

(4) Such other information as the zoning administrator deems appropriate to determine compliance with the provisions of this article.

(Ord. No. NS-2116, § 4, 3-18-91)

(a) The zoning administrator shall determine whether the proposed sign or sign program is in compliance with this chapter, the provisions of this code and, in addition, where such property is located within a redevelopment project area, shall consider the provisions of the applicable redevelopment plan and any applicable development agreement approved by the city or the Santa Ana Redevelopment Agency. In addition, the zoning administrator shall determine whether or not the purposes and objectives of this chapter have been met and, in that regard, may impose conditions more restrictive than this article to assure that the purposes and objectives of this chapter will be realized. Consideration may be given to site plans, landscaping, general design and development, setback, relationship of such factors to existing development in immediate or surrounding areas, as well as proposed future development in surrounding or immediate areas as indicated on the general plan or any specific plan of the city and any applicable redevelopment plan. Interior design of buildings shall not be considered except as related to the foregoing; nor shall conditions be imposed to require signs obviously incongruous with the property or surrounding areas.

(b) The zoning administrator, in compliance with the foregoing, may approve, conditionally approve subject to modifications, or disapprove any application for a sign permit to relocate, erect, alter or expand any sign or sign structure subject to the following standards:

(1) Such approval does not constitute a special privilege nor available to others in the same circumstances.

(2) Such approval is in substantial compliance with the general plan and with any applicable redevelopment or specific plan of the city and any applicable development agreement approved by the city or the Santa Ana Redevelopment Agency.

(3) The nature, condition and development of adjacent uses, buildings and structures have been considered, and no approval shall be granted where such approval will adversely affect or be materially detrimental to such adjacent uses, buildings or structures.

(4) The sign placement, scale, shape, illumination, size, colors, letter styles, or other design aspect are architecturally appropriate and compatible in relation to the development on and adjacent to the site of the proposed sign. Site development, landscaping, construction, color and material of exteriors, other signs, exterior lighting, uses, occupancy, density, and the entire development plan shall be considered prior to sign approval.

(Ord. No. NS-2116, § 4, 3-18-91)

If the decision of the zoning administrator should be to approve the sign plans as submitted with only insignificant or minor changes, a permit shall be issued. Otherwise, the zoning administrator shall make no decision until notice to the applicant, giving fourteen (14) days to appear and present evidence on his/her behalf, is made and given. Zoning administrator hearings shall not require notice to anyone other than the applicant. The decision of the zoning administrator shall be final and conclusive and effective five (5) city business days after giving of notice thereof, unless within such five (5) city business days an appeal in writing is filed with the secretary of the planning commission by the applicant.

(Ord. No. NS-2116, § 4, 3-18-91)

All appeals shall be heard by the planning commission at a public hearing within thirty (30) days of the notice of such appeal, and on at least ten (10) days prior written notice to the applicant and appellant and any person requesting notice of the time and place of such hearing. No other notice of such hearing is required. Such notice of hearing may be waived by any person entitled thereto. The planning commission, in making its determination, shall consider the record before the zoning administrator and such additional evidence deemed relevant and received by it at such hearing. The planning commission, in making such determination, shall be governed by the terms and provisions of this article, and its decision shall be final and conclusive.

(Ord. No. NS-2116, § 4, 3-18-91)

In any case where a permit is issued for a sign or advertising display to be installed for a limited time only, the zoning administrator may require, as a condition of approval of the permit, that the applicant post a cash deposit, in amount of the estimated cost of removal of the sign but not to exceed five hundred dollars ($500.00) refundable upon removal of the sign, and an agreement to permit the city to enter upon the site and remove and dispose of the sign in the event such sign is not removed when required to be removed.

(Ord. No. NS-2116, § 4, 3-18-91)