4.04.400 Transit Special Sign District.
   .010   Establishment. There shall be established in this Section 4.04.400 a special sign district known as the "Transit Special Sign District." The current designation, location and boundaries of the Transit Special Sign District are shown on the map labeled Phase 1 Transit Special Sign District on file with the Public Works Department of the City of Anaheim. Upon the City of Anaheim's issuance of a demolition permit for the existing ARTIC digital sign located on Katella Avenue at the northeastern corner of the Phase 1 Transit Special Sign District, the designation, location and boundaries of the Transit Special Sign District will become as shown on the map labeled Phase 2 Transit Special Sign District on file with the Public Works Department of the City of Anaheim. The current and future boundaries of the Transit Special Sign District are hereby approved with further particulars contained in the referenced maps.
   .020   Purposes and Findings. In addition to the purposes stated in Section 18.44.010 (Purpose) of Chapter 18.44 (Signs) of this Code, the following purposes apply to the Transit Special Sign District, which constitute findings that form a basis for these regulations and provide guidance for their application.
   (1)   The character of signs along Katella Avenue and Douglass Road and those located on bus passenger shelters and on the passenger rail boarding platforms serving ARTIC adjacent to the railroad corridor and throughout ARTIC is especially significant as they relate to the design of the ARTIC building.
   (2)   Well-placed and visible signs and advertising displays for on-site businesses are essential to the general quality and economic stability of commercial businesses located at ARTIC. Current sign regulations, which are tailored to storefronts typical of the City's commercial districts, do not provide sufficient visibility for businesses located or wishing to locate at ARTIC, having a building height, bulk, appearance and site configuration that differs from that of commercial districts.
   (3)   Well-placed and visible signs and advertising displays which direct attention to a business, commodity, industry or other activity which is sold, offered or conducted elsewhere than on the premises of ARTIC are necessary to ensure that ARTIC remains a viable transportation center, while revenues generated from advertising displays are essential to support the construction, day-to-day operations, long-term maintenance, preservation and enhancement of ARTIC, including facilities management.
   (4)   Signs at parking lot entrances to ARTIC would improve the visual identity of ARTIC, while improving access to its parking facilities and minimizing traffic congestion.
   (5)   The standards established by these regulations are reasonable standards related to the unique nature of ARTIC and to the present and future needs of ARTIC.
   (6)   The standards established by these regulations are deemed to be minimum requirements, forming a basic framework for development and remodeling of signs at ARTIC. They are not intended in any way to preclude further design refinement or review by the City which might consider more restrictive requirements as to any aspects limited herein, or as to additional aspects such as materials, color, graphics, types of representation, relationship of signs to one another and to architectural features, or to the general quality of design.
   (7)   It is a purpose of these regulations to promote appropriate and economically viable signage that (i) uses clear, attractive graphics, (ii) coordinates with the architectural elements of ARTIC, (iii) reflects a vibrant, modern image of ARTIC as the transportation center of the City, (iv) eliminates visual clutter by regulating the number, size, and location of signs, (v) minimizes potential traffic hazards and protects public safety, and (vi) protects street views and scenic vistas of ARTIC.
   .030   Definitions. The definitions contained in this subsection shall govern the construction, meaning and application of words and phrases used in this Section 4.04.400 .
   "Advertising display" refers to advertising structures and to signs.
   "Advertising structure" means a structure of any kind or character erected, used, or maintained for outdoor advertising purposes, upon which any poster, bill, printing, digital or electronic display, painting or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes. "Advertising structure" does not include: (a) official notices issued by any court or public body or officer, (b) notices posted by any public officer in performance of a public duty or by any person in giving any legal notice, and (c) directional, warning or information structures required by or authorized by law or by federal, state or county authority.
   "ARTIC" shall mean the multi-modal transit facility located northeast of State Route 57 ("SR-57"), south of Katella Avenue, and west of the Santa Ana River, currently known and referred to as the "Anaheim Regional Transportation Intermodal Center" or "ARTIC", regardless of whether such facility continues to be known by such name or by any other commercial or non-commercial name. Built at public expense and publicly owned and operated, ARTIC opened for rail and bus transit use to members of the general public in December 2014 as a regional gateway station that will strengthen Orange County's transit system by connecting to existing Metrolink and Amtrak passenger rail service and OCTA bus service and will increase in importance to support future rail service, including the California high-speed train system. The ARTIC building includes commercial space for passenger-oriented retail and restaurants. "ARTIC" shall also mean and include all buildings (including above-ground and below ground portions thereof, and all foundations and supports), building systems and equipment, physical structures (e.g. pedestrian bridges and parking structures), fixtures, hardscape, paving, curbs, gutters, sidewalks, fences, landscaping, advertising displays, and all other improvements of any type or nature whatsoever now or hereafter made or constructed within the boundaries of the Transit Special Sign District suitable for the operation of ARTIC, including replacement improvements. "ARTIC" shall not include the railroad right-of-way or rail system improvements installed, owned and/or operated, or to be installed, owned and/or operated, by Amtrak, Metrolink, the Orange County Transportation Authority or the California High-Speed Rail Authority, including replacement improvements.
   "Director" means either (i) the Director of Public Works of the City of Anaheim or (ii) such other City department head as may be designated by the City Manager from time to time as the person responsible for administering the provisions of this Section 4.04.400 and the Transit Special Sign District Coordinated Sign Program.
   "On-premises advertising display" means any advertising display used exclusively for any of the following purposes:
   (1)   To advertise directions to, and the sale, lease, or exchange of real property upon which the advertising display is placed, including the lease of commercial space at the ARTIC building.
   (2)   To designate the name of the owner of ARTIC or occupant(s) of commercial space within the ARTIC building or to identify the premises, such as, for example, designating the site as "ARTIC", provided, however, that this exception does not apply to any change in the identity or name of ARTIC on the ARTIC building or site or any advertising display pursuant to an agreement between the City and a sponsor pursuant to which a sponsor is given naming rights or allowed to place its logo, slogan, or advertising on ARTIC or on any advertising display at ARTIC in consideration for some form of payment.
   (3)   To advertise the business conducted, services rendered, goods produced or sold, or activities conducted upon the property on which the advertising display is placed.
   "Sign" refers to any card, cloth, paper, metal, painted or wooden sign, display or device of any character (including those which may be changed at reasonable intervals by electronic process or by remote control) placed for outdoor advertising purposes on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned, other than an advertising structure. "Sign" shall not include (a) official notices issued by any court or public body or officer, (b) notices posted by any public officer in performance of a public duty or by any person in giving any legal notice, and (c) signs for control of traffic and other regulatory purposes, directional warning or information signs or structures required by or authorized by law or by federal, state or county authority.
   .040   Regulations.
   .0401   The standards and regulations set forth in that certain Transit Special Sign District Coordinated Sign Program on file in the office of the Director are hereby adopted for the Transit Special Sign District and are incorporated herein by this reference as though fully set forth in this Section. Notwithstanding anything to the contrary in Chapter 4.08 (Outdoor Advertising Signs and Structures —Near Freeways) of Title 4 or Chapter 18.44 (Signs) of Title 18 of this Code, all signage within the Transit Special Sign District shall comply with all applicable provisions of the Transit Special Sign District Coordinated Sign Program. All construction shall comply with the provisions of the Building Standards Code, as adopted by the City. The Transit Special Sign District Coordinated Sign Program identifies the location of specific advertising displays, as well as all other signs, located or to be located within the Transit Special Sign District, and establishes regulations for advertising displays that include all of the following:
   (1)   The number of signs and total signage area allowed;
   (2)   The maximum individual signage area;
   (3)   Minimum sign separation;
   (4)   Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness; and
   (5)   Illuminated sign hours of operation.
   .0402   All advertising displays shall be on the same side of the interstate or primary highway (as those terms are defined in sections 5215 and 5220 of the California Business and Professions Code) as ARTIC and shall be located within 1,000 feet of the entrance to the ARTIC building.
   .0403   No advertising displays shall advertise products, goods, or services related to tobacco, firearms, or sexually explicit material.
   .0404   Beyond the cost of erection, revenues from advertising displays shall be used by the City to support the construction, day-to-day operations, long-term maintenance, preservation and enhancement of ARTIC, including facilities management.
   .0405   No advertising display shall cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code.
   .0406   Every sign pertaining to an active business establishment shall be adequately maintained in its appearance. When the activity for which the business sign has been posted has ceased operation for more than 90 days, all signs pertaining to that business activity shall be removed after that time.
   .0407   Except as otherwise provided in the Transit Special Sign District Coordinated Sign Program, no sign or other structure or feature shall be placed in any portion of the Transit Special Sign District except such signs, structures and features as are specifically approved by the appropriate public authorities under applicable laws and regulations not inconsistent with this Code and under such conditions as may be imposed by such authorities.
   .0408   A proposed change in the identity or name of ARTIC on the ARTIC building, ARTIC site or on any advertising display shall be referred by the Director to the City Council for consideration. Any such proposal shall be approved, if at all, by the City Council by resolution. Signs associated with such an approved change in identity or name shall be approved by amendment to the Transit Special Sign District Coordinated Sign Program.
   .0409    The standards and regulations established in the Transit Special Sign District Coordinated Sign Program and by this Section 4.04.400 are deemed to be minimum requirements.
   .050   Administration.
   .0501   The Director is authorized to administer the provisions of this Section 4.04.400 and the Transit Special Sign District Coordinated Sign Program.
   .0502   Construction of signs within the Transit Special Sign District area may commence only after the Director finds that the construction proposal is in substantial compliance with these regulations and all applicable policies and regulations of the Transit Special Sign District Coordinated Sign Program and only after any other acts or activities requiring the independent exercise of discretion by the City or any department thereof have occurred, including the issuance of all appropriate permits.
   .0503   The Director shall have the primary responsibility for ensuring that all signs remain in conformance with the provisions of this Section 4.04.400, the Transit Special Sign District Coordinated Sign Program, and section 5272.1 of the California Business and Professions Code.
   .0504   Except for those regulations contained in the Transit Special Sign District Coordinated Sign Program and this Section 4.04.400 that are required under and pursuant to section 5272.1 of the California Business and Professions Code (as the same may be amended from time to time), the Director is authorized to amend or modify from time to time the regulations contained in the Transit Special Sign District Coordinated Sign Program relating to any advertising display that he or she may deem necessary and advisable, subject to consultation with the City Attorney and the written approval of the City Manager, so long as the Director finds and determines that any such amendment or modification does not violate any other provisions of this Code and shall complement the architecture of ARTIC, provide a unifying element along the streetscape, and be internally consistent in terms of size, scale and style of signs with the scale of ARTIC and the surrounding land uses; provided further that any amendment or modification does not increase the number or height of advertising displays that are regulated by the Outdoor Advertising Act ("OAA, Business and Professions Code, §§ 5200 et seq.) and not subject to exception from the OAA under section 5272 subdivision (a) of the Business and Professions Code ("off-premises advertising display"). The Director shall refer a proposed amendment or modification to the City Council if he or she determines that the general public interest warrants such referral or the proposed amendment or modification would increase the number or height of off-premises advertising displays allowed under the Transit Special Sign District Coordinated Sign Program. In such instances, the City Council shall consider the recommendation of the Director and, by resolution, determine whether to adopt any such proposed amendment or modification to the Transit Special Sign District Coordinated Sign Program. Nothing contained in this paragraph .0504 shall be interpreted to authorize the Director to amend or modify any of the regulations set forth in Subsection .040 of this Section 4.04.400.
   .0505   Except as otherwise required by section 5272.1 of the California Business and Professions Code, nothing in this subsection .050 is intended to limit the City Council's ability to amend or modify the Transit Special Sign District Coordinated Sign Program or to enact additional rules and regulations governing this Section 4.04.400 or the Transit Special Sign District Coordinated Sign Program.
   .0506   Except for amendments or modifications authorized to be made by the Director in paragraph .0504 of this subsection .050, any amendment or modification to the Transit Special Sign District Coordinated Sign Program shall be considered and approved, if at all, by the City Council by resolution. (Ord. 6320 § 1; April 7, 2015: Ord. 6541 § 1; October 4, 2022.)