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HomeMy WebLinkAboutORD 438 (1969)I N D E X PAGE SECTION ARTICLE INTRODUCTION 1 Purpose and Scope 2 Enforcement 3 Permits Required. 3 Development Prevj.ew 4 Applications for Permits 2 2 5 Issuance of Permit. 2 6 Definitions ARTICLE II PERMIT PROCEDURES, Permit Fees 7 2 Double Fees 7 3 Permit Not an Approval of Law Violations 4 Illuminated Signs 78 5 Conformity to Plans ARTICLE III UNSAFE,'UNLAWFUL &ABANDONED SIGNS Unsafe Signs;, Inspection 7 .2 Unlawful Signs - 9 11 3 Abandoned Signs 11 4 Maintenance Requirements.. 5 Signs Not to Constitute Traffic Hazard 1312 6 Signs Prohibited on Public Property 7 Imoral or Unlawful Advertising 12 - ARTICLE IV CONSTRUCTION 112 Design 2 Construction 13 3 Projection and Clearance 13 4 Free Standing Signs 14 5 Non Signs -Conforming Existing 14 ARTICLE V REGULATIONS 1 Advertising Benches 14 2 Directional Signs 15 3 Feature Signs. 15 16 4 Prohibited Signs or.Signs Requiring a,Use Termit 5 Exempted Signs 17 6 Political.Signs 17 7 Incidental Product Signs 17 8 District Regulations_. 18 ARTICLE VI ADMINISTRATION 1Variances 25 2_ Use Permits 25 3 Hearings on Variances and Use Permits .26 4 Revocation of Variances and Use Permits 26. Re -Application for Var$Ance or Use Permit 27 a 2• 1. Individual initiative shall be encouraged. Control shall be reduced to the minimum extent possible, while ensuring that the goals stated in this Ordinance are achieved to the fullest possible extent. 2. Good architectural character is based upon the suitability of a structure for its purposes, upon the appropriate use of sound materials and upon the principles of harmony and 'proportion in the elements of the structure. 3. Good architectural character is not; in itself, more costly than poor architectural character and is not dependent upon the particular style of architecture selected. 4. When considering signs, particular attention shall be given to incorporating the design, including colors, of the sign into the over-all design of the.entire development, so as to achieve homogeneous development The Development Preview Committee shall have the authority to grant moderate deviations from the provisions of this Ordinance, provided, that said deviations will result in the sign, or signs, for an in- dividual business or complex contributingto the aesthetic appear- ance of the City. PERMITS REQUIRED: No person shall erect or maintain or cause to be erected and main-. w' tained any advertising sign or add to an existing advertising sign or move from one location and erect in another location or alter any advertising sign or part thereof, except as provided by this Ordinance, and unless a permit therefore has been obtained from the Building Official. The placing, attaching or superimposing of letters, figures, or repre- sentations in cutouts of irregular form during the change of advertis- ing copy shall not be considered a structural change for which a permit is required, provided that such advertising.sign has been first approved by the Building Official as an advertising sign capable of receiving such cutouts. Approval of such signs shall be contingent upon proof that the sign is so designed and constructed as to adequately support the load contributed by the cutouts'and/or irregular shapes and that the change does not involve a change of use. (See Article IV, Section S.' j y ' ORDINANCE NO. 438 AN ORDINANCE OF THE "CITY .OF TUSTIN, CALIFORNIA REGULATING THE CONS'T'RUCTION, ERECTION, ALTERATION, REPAIR AND MAINTENANCE OF ADVERTISING SIGNS AND THEIR SUPPORTS The City Council of the City of Tustin, California does hereby .ordain as follows: ARTICLE I - INTRODUCTION SECTION 1 - PORPOS-E AND SCOPE All sections and provisions relative to signs; of the Zoning ordi- nance of the City of Tustin, Ordinance 157, as amended, are hereby repealed. Ordinance 183, of. the City of Tustin, is hereby repealed. The purpose of this Ordinance is"to provide standards; to safeguard life, health, property, and pubic welfare by the regulation and control of the design, quality of materials, construction, location,. illumination, and maintenance of all signs and sign structures in P the City of Tustin. The standards required by this ordinance are j an endeavor to make signs an integral and compatible entity to the environmental goals and objectives of the community. It is the in tent of this Ordinance to provide regulations to insure that signs be designed with`a `sense of proportion to both the related structure and the 'immediate environment.to which the sign is related.. No sign shall be permitted which is.an attraction, enticement, or advertise- ment, except as herein provided. SECTION 2 - ENFORCEMENT The Building Official of the City of Tustin is hereby authorized and directed to enforce all provisions of this Ordinance. SECTION 3 - PERMITS REQUIRED: j DEVELOPMENT PREVIEW: Prior to the issuance.of a Building Permit for the erection, move- ment or modification (except maintenance) of a sign, the plans for said erection, movement .or modification shall have been reviewed and approved by the Development Preview Committee. The Development Preview Committee is charged`With the review of;all multiple family, commercial and, industrial structures including new structures or major exterior alteration or enlargement of existing structures, buildings to be relocated<and signs. . -1- SECTION 4 - APPLICATIONS FOR PERMITS Application for sign erection permits shall be made on forms provided by the Building Official. The forms shall contain, or have attached thereto such information as the Building Official may require to show full compliance with this and all other applicable laws and Ordinances of the City of Tustin. Two copies of plans and specifications shall be submitted with the application for a permit for each sign. Such plans shall show method of support and/or attachment, location, materials to be used. Plans for all signs which by. reason of their height or characteristics make them subject to excessive stresses shall be accompanied by structural computations showing that the structure is designed for dead load and wind pressures, in any direction in the amount required by this Ordinance. Sufficient data shall be submitted to show that the supporting.surfaces and other members of the existing building or structure to which a sign is to be attached are in good con- dition and are adequate to support any additional load imposed. The Building Official will require plans and specifications to conform to the Uniform Building. Code. SECTION 5 - ISSUANCE OF PERMIT It shall be the duty of the Building Official to examine the plans and _ specifications upon the filing of a sign permit application; and if it shall . appear that the proposed sign is in compliance with this and other applicable codes and Ordinances of the City of Tustin, he shall, upon receipt of. the required fee, issue the permit. Failure to begin work within one hundred and twenty (120) days and to complete work within one hundred and eighty (180) days after date of issuance shall make said permit null and void,unless an extension is granted by the Building Official fordue cause. SECTION 6 - DEFINITIONS The followingterms, as used in this Ordinance, shall., unless the context clearly indicates otherwise, have the respective meanings herein set forth,: ADVERTISING BENCH: Any bench or seat upon which advertising matter has been applied or affixed. ADVERTISING SURFACE: The total area of the face of the sign structure, including all surrounding surface, which can be construed::to increase the size of the sign surface, regardless of purpose, whether or'not there is copy on all surfaces. This is not meant to include anchor supports. In the case of -a sign of irregular shape, the'total area is defined to be that .of a rectangle or circle, circumscribing the advertising surface.- The area of.a double-faced sign shall be the sum total of each sign .face. -2- } AGGREGATE AREA: The total area of the'adver.tising surface. If the sign„has more than one advertising surface, the aggregate area shall be the sum of the individual surfaces whether or not 'there is copy on all surfaces. ANIMATED OR FLASHING SIGNS: Any advertising structure which has any visible moving part, visible revolving parts or visible mechanicalmovement of any description or other apparent visible movement achieved by electrical -,electronic, or kinetic means, including intermittent electrical pulsations or by `action of normal wind currents. ATTACHED SIGN: Any sign attached, painted, pasted, or affixed to a building or structure. BOARD OF APPEALS: A board: established under the provisions of the current Uniform Building Code as adopted by the City of Tustin, to consider the appeal of construction standards.contained in this ordinance re-. lated to signs. BUSINESS, INDIVIDUAL: A commercial enterprise which is neither functionally nor physically designed to relate to any other commercial enterprise through the use of connecting or common buildings, sidewalks, malls, parking or driveways. (Also see Complex, Commercial or Planned Industrial.) BUILDING OFFICIAL: The Director of Building Regulation or the Superintendent of Build- ing and Safety as may be referred to in this Ordinance,'the.Uniform Sign Code, and the Uniform Building Code. COMBINATION SIGN: Any sign incorporating any combination of `the features:of ground or projecting signs, COMPLEX IDENTIFICATION SIGN:: A sign'l mited to the identifying name:.of a complex of commercial or industrial businesses or of individual businesses within such a complex. COMPLEX, COMMERCIAL OR PLANNED INDUSTRIAL: A group of two or more businesses.which'are functionally -des igned, regardlp ss of land ownership,.building or parking contiguity, so as to encdurage pedestrian or vehicular traffic to patronize both or all businesses within the development during a single business trip. -3- CONSTRUCTION SIGN Any non-permanent-sign stating the names of persons or principals ,connected to the development of the property to which the sign is 's attached. COPY AREA: The total actual area of the sign devoted to description of the product or the service being advertised. Said copy area shall'be- determined by drawing the smallest possible rectangle around the copy, or individual letters, and computation of the area therein. DEVELOPMENT: Any residential, commercial or industrial subdivision. ;DIRECTIONAL SIGN: Any sign directing persons to a development not directly located on the same property as the sign. ELECTRIC SIGN: - Any sign containing.electrical wiring. ERECT i To build, construct, attach, place, suspend or affix.- FEATURE ffix.FEATURE SIGN: A sign which advertises special features included in a,residential subdivision. FREE STANDING SIGN: A sign which is supported wholly by one or more uprights, poles or braces in or upon the ground which are not structurally a part of a building. FRONTAGE -'AS BASIS FOR MAXIMUM SIGN AREA: (Individual Businesses) Area of signs located in the public safety area of the narrowest street frontage - the width of the narrowest frontage.whall be used. Area of signs located upon any other portion of the building site the widest possible street frontage shall be used. In any case, total area shall be based on only one (1) street frontage. FRONTAGE - AS BASIS FOR MAXIMUM SIGN AREA IN A COMPLEX: (Individual Businesses) The basis for determining the maximum sign area for any individual businesses within a complex shall be the width of the individual store frontage. 04iii GRADE: The elevation of the sidewalks'abutting'the parcel nearest the pro- posed sign location. HEIGHT OF SIGN: The,distance measured fromgrade.to`the highest projection of the sign or any accompanying architectural feature of the sign structure from the sidewalk closest to the. sign. ILLUMINATED SIGN: A sign which has characters, letters, figures,'designs,-or outline illuminated by electric lights or luminous tubes as a -part of the. sign proper. INCOMBUSTIBLE MATERIAL: Any material which is classified as.'incombustible in the current Uniform Building Code. NON-STRUCTURAL TRIM: _ The. molding, battens, caps, mailing strips, latticing, cutouts, or letters and walkways which are attached to the sign structure. PARAPET: For purposes of this Ordinance a parapet`may 'be considered as part of a wall if and to the extent that`it.serves a function, .other than -- -supporting a sign, by screening from view from all sides of the build- ing, roof -top equipment or other unesthetic feature. PERSONS: Any person, firm,'partnershig, association, corporation, company or organization of any kind whatsoever. PLASTIC MATERIALS: Materials made wholly or principally from standardized plastics listed and described in the current Uniform Building Code Standards (See Section 5-202 Approved Plastic Material.) PORTABLE SIGN: A small self -supported sign (unattached to any 'other structure, pole or sign) that can easily be transported or: moved. PROJECTING SIGN: 'A sign ...other than a wall sign suspended from or supported by a building r! or structure,and projecting outward therefrom. PUBLIC SAFETY AREA: A strdof land twenty (20) feetr in width and running parallel with and adjacent to street rights of way. READER BOARD SIGN: Any advertising structure having changeable copy for the purpose of advertising special events, sales or to be changed on a regular basis. Said signs shall'be considered as a pole or wall sign as �- may be appropriate, and for the purpose of determining surface area, the total area of the reader board shall be used. REAL ESTATE SIGNS Any sign referring to the sale, lease, or rental of buildings or property. ROOF LINE: The exterior line of the roof.s'tructure, as observed from any side,' the lowest point.being,the eave and the highest point being the peak. ROOF SIGN: A sign erected.wholly upon or above the roof of a building or structure. - -- SELECT SYSTEM STREET: A street which is designated on the approved Select System Map and which is eligible for expenditures of State allocated Gas Tax Funds. SIGNS: i Any structure, device or contrivance and all parts thereof which ' are erected or used for advertising purposes upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted,. tacked, nailed, pasted, or otherwise fastened or affixed. This definition also includes electric signs and signs directly applied to a building surface. This definition shall not be held to:include, unless otherwise pro— vided for in this Ordinance, any board, sign or surface used ex- clusively to display official notices issued by any court officer, or public officer or a private person giving legal notice. STORE FRONTAGE: The width of the exterior of the building or portion of the building in which the primary entrance to a store or business is located. TEMPORARY SIGN: Any sign, banner, pennant or advertising display constructed of or. applied to any material, with or without frames, or any other sign which does not require a sign permit under the terms of this Ordi- nance. 3S: TRAd- IDENTIFICATION SIGN: A sign constructed within the boundaries of a residential, com- merical or industrial subdivision or development for the purpose of advertising lots or buildings for sale or lease. U.B.C. STANDARDS: The current U.B.C. Standards of the Uniform Building Code as, adopted by the City,of Tustin. UNIFORM BUILDING CODE:• The current Uniform Building Code adopted by the City of Tustin. WALL SIGN:: A sign attached to or erected on'the.exterior wall of a building or structure with the exposed face of the sign in a -plane approxi- mately parallel to the plane of the exterior wall provided that a parapet shall not be considered as.`a wall,, or as` part of a wall, other than as provided in the definition of "Parapet." ARTICLE II.- PERMIT PROCEDURES SECTION 1 PERMIT FEES: A sign permit fee and..a plan -checking fee shall be paid in accordance with the schedule established by`'the,City Council. SECTION 2 DOUBLE FEES: Failure to obtain a.sign.permit prior to the erection of a sign shall require the payment of a double `fee; however, payment of the double fee shall not relieve any person from complying with other provisions of this Ordinance, nor from liability to penalties prescribed herein. SECTION 3PERMIT NOT AN APPROVAL OF LAW VIOLATION: The issuance or granting of a sign permit shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this Ordinance; and no sign permit presuming to give authority to violat or cancel the provisions of this Ordinance shall be valid except insofar as the work or use which is authorized by the issuance of a -sign permit is law ful SECTION 4'- ILLUMINATED SIGNS: The erecting of a sign in which electrical wiring and connection are to be used shall, as a condition..precedept;to the issuance of a sign permit, -re- quire a separate electrical permit incompliance with the.current electric code and orders of the City of Tustin. Prior to sign erection;, the sign shall be physically inspected by the Building Official on the site of the erection'. -7- i SECTION 5 - CONFORMITY TO PLANS: When the permit is issued, the plans shall be stamped with the Building Official's approval. No changes, alterations, or modifications shall be made thereto. The sign structure shall be erected in conformity with the } approved plans unless authorization to modify is obtained from the Build- ing Official and the plans and records are so changed and noted. ARTICLE III UNSAFE, UNLAWFUL & ABANDONED SIGNS SECTION 1 - UNSAFE SIGNS: INSPECTION: The Building Official shall inspect, at such times as he deems necessary, each sign regulated by this Ordinance for the purpose of ascertaining whether the sign is secure or insecure, and whether it is in need of.re- moval or repair. If the Building Official shall find that any sign regulated -herein is un- safe or insecure, or is a menace to the public, he shall give written notice to the owner or permittee, setting forth the defects and work re- quired. POSTING OF NOTICE: The Building Official shall cause the 'sign or sign structure to be posted with a notice to read "SIGN UNSAFE', Department of Building and Safety, City of Tustin." Such notice shall remain posted until the required repairs or removal Is completed. Such 'notice shall not be removed without written permission of the Building Official. NOTICE TO OWNERS: Proper service of such notice shall be personal service upon the owner of the sign or sign structure, if he can, with reasonable dili- gence, be found within the City. If he cannot be so found, the ser- . vice shall be made upon him personally elsewhere or by registered mail, in which case, the time of receipt'shall be deemed the time. ,of such notice. APPEAL OF DECISION: If requested by the owner or permittee, and upon payment of a $25.00 appeal fee, the decision of the Building Official may appealed in writing and a hearing shall be set be;fore`a Board of Appeals as pro- vided in the current U.B.C.,,:adopted by the City of Tustin. A notice shall be issued, setting forth the time and place of said hearing before the Board of Appeals, at which time and place evidence would be submitted as to whether any of the defects exist'apd whether - removal, repair or improvement is necessary in the case. The notice shall further state that the owner or his representative may, at his _ option, be present at the hearing, and introduce such evidence on,the. issues as he desires: The notice shall further..state that at the hearing the Board of Appeals shall determine whether any of the defects exist, and if so, order such removal, repair or `improvement as necessary. This determination and order shall become. final within 48 hours, unless within that time, the owner further appeals, in writing, the de- ___: cision to the City Council,'in which event the City Council shall hold a hearing and shall thereupon make a determination and order, affirming, reversing or modifying the determination and order of the Board of Appeals as the City Council may deem proper. The order of the City Council shall be final immediately. The notice shall further state that the owner shall, within 48 hours following the finality of the determination and order of the Build- ing Official, (or, if appealed, the determination and order.of the Board of Appeals, or the City'Council)•commence the repairs or im- provements or removal ordered, and such work shall be completed with- in 90 days from the commencement thereof RIGHT TO DEMOLISH: In case the owner shall.fail, neglect or.refuse to comply with the notice o repair, rehabilitate or demolish said sign or structure or portion thereof the City Council may order the . owner of the sign prosecuted as a violator of the Code and may order the Building Of- ficial to proceed with''the work specified in such notice. A state- ment of the cost of such work shall be_transmitted to._the City Council who shall cause 'the same to be paid and levied as a special assessment against the property. BISECTION 2 -°UNLAWFUL SIGNS: GENERAL PENALTY: CONTINUING VIOLATION: No person shall violate any provision, or fail to comply with any' of the provisions, of this Ordinance. Any person violating any of the provisions or failing to comply with anyof the mandatory re- quirements of this Ordinance shall be punishable by a fine of not more than $500.00 or by imprisonment in the City or County Jail ,for a period of not exceeding six months, or by.both.such..fine and im- prisoInment. Each such person violating:such provision or failing to comply with such requirement shall be guilty of a separate.offense and each day during any portion of 'which any violation of any pro- vision of this Ordinance is committed, continued, or permitted by such person, shall constitute a separate offense, and shall be punish- able 'accordingly. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions, -of this Ordinance shall be deemed,a public nuisance and may be sum- marily abated assuch by this City, and each day such condition continues shall be regarded as, a ;new .and separate offense. WRITTEN NOTICE TO .APPEAR: If any person is arrested for the violation of any provision of this Ordinance for which such violations are punishable as misdemeanors,. wwuoi.n.nn ■..i . and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal.Code of the State of California, the arresting officer shall prepare in.duplicate a written. Notice to Appear in Court, containing the name and address of such person,, the offense charged, and the time and place where and when such person shall appear in court. ` i TIME AND PLACE TO APPEAR: } The time specified in the Notice to Appear shall be not less than five (5) days after -such arrest. The place specified in the Notice to_Appear shall be either: a.) Before,a Judge of the Municipal Courtin the Judicial_ District in which the offense is alleged.to.have been committed; or b.) Before an officer authorized to receive a deposit of bail. DELIVERY OF COPY OF NOTICE: The officer shall deliver one copy of the -Notice to Appear to the arrested person, and the arrested person, in order to secure release, must give his written promise so to appear in Court by signing the, duplicate Notice, which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the arrested person from custody. FILING OF NOTICE: � The officer shall, as soon as practicable, file a duplicate Notice with the magistrate specified in such notice. The defendant may, prior to the date upon which he promised to appear in court, de- posit with the magistrate the amount of bail s -et by such magistrate. Thereafter, at the time when the case is called for arraignment be- fore the magistrate, if the defendant does not appear, either: in. person or by counsel, the magistrate may declare the bail forfeited and may at his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further,pro- ceedings be had, sumsdeposited or bail shall forthwith be paid into the County Treasury for distribution as provided by'Section 1463 of the Penal Code of the State. ISSUANCE OF WARRANT: A warrant shall not be issued on such charge for the arrest of a person who pursuant to the provisions of..the Chapter has ,given such written pro mise,to appear in court unless and until he has violated such promise, or has failed -to deposit bail, to appear for 'arraign- ment, trial or judgement, or to comply ,with the terms and provisions of the judgement as required by law. FAILURE TO APPEAR: Every person willfully violating his written promise to appear in i court is guilty of a misdemeanor regardless of the disposition of the charge upon which he'was originally arrested. -10- FAILURE TO APPEAR: When A person signs- `a.wr tten promise to appear at the time .and place specified in the written promise to: appear and has not -posted bail as provided in Section ;12.25, the magistrate shall issue and have de- livered for execution a warrant for his arrest `within twenty days after his failure to appear, as promised. If aperson promises to appear before an officerauthorized to accept bail'`otherthan a mag- istrate•.and fails to do,so on or°before the date which he promised ,to appear, then within twenty days after the delivery of such written 'notice to appear._by`the`officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to `appear before an officer authorized to receive bail other than a magistrate, the officer'.shall immediately deliver to the mag- istrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. PENAL AUTHORITY: The provisions of the'Chapter have been enacted pursuant to the pro- visions of Sections, -,853.1, 853°2, 853.31•and 853.4 of the Penal Code of: the State of 'California. SECTION 3'' ABANDONED SIGNS. REMOVAL OF ABANDONED' SIGNS: Any sign abandoned or not used.for a period of thirty (30) days or which was used to advertise that.which'has been moved or discontinued, shall be removed along with its supporting sign structure by the prop- erty owner within thirty (30)'. days after having been given notice, in writing by the City. If said sign isnot removed, within said thirty (30) days, the City may cause said sign.to be removed and the cost thereof shall become a lien against the property on which the sign was located. Extensions for thirty (30). day periods may be'granted by the Building Official. SECTION 4 --MAINTENANCE REQUIREMENTS No person 'owning or controili'ng'an advertising sign shall fail to keep such sign in a state of good repair at all times with all braces, bolt clips and supporting frame free from deterioration, termite infesta- tion rot, rust, loosening and suchcondition that at all times it wil withstand the wind pressure specified in this Ordinance. Failure to do so on the part of the owners, lessor or lessee, as the case may be, shall be the cause for order by the City to maintain such sign in.good repair_and.accomplish this fact within ten (10) days. Extensions may be granted by,the Building Official based upon evidence of intent to repair, replace,` or remove. CORRECTIONS If after inspection, any advertising sign or an y portion'thereof is found to violate any provisions of this Ordinance,,..the corrections required shall be made promptly and`the sign shall be made to conform in all respects and another call for final inspection shall be made. } No persons shall continue or proceed with any sign erection work in violation of this Ordinance, or of any other Code or Ordinance regu- lating such signs after receipt of any notice from the Department of Building Regulation to "STOP WORK." The,work must be made to comply with the provisions of this Ordinance or other such codes or Ordinances--_, Orders given by the Department of Building and Safety to make safe sui signs must be complied with promptly. "STOP WORK NOTICES" and "COR- i `RECTION NOTICES" affixed to a sign by an authorized representative of the Department.of Building Regulation while erection work on a sign is in progress shall be considered as having been delivered to permittee. IDENTIFICATION REQUIRED: No person shall erect, own, control or -maintain any sign requiring a permit which does not have the sign permit number, underwriter's identification and name. of company installing the sign plainly and permanently marked, painted, or outlined on said sign in a conspicuous ,place. FLUORESCENT, MERCURY, VAPOR OR HIGH VOLTAGE GASEOUS TUBE SIGNS: Each fluorescent, mercury, vapor, or high voltage gaseous tube (neon) sign shall in addition to the above required information, be provided with a legible name plate, which shall correctly state the manufac- turer's name or trademark and the voltage amperage, total watts and power factory. All the aforementioned types of signs shall have of fixed underwriters laboratory labels or recognized testing laboratory labels. Before erection at the site, illuminated gaseous type signs shall be inspected and approved by the Building Official. INTENSITY OF SIGN LIGHTING: No sign which is closer than one hundred(100)feet to any E-4, R-11 R-2, R-3, R-4,•PD or PC Zoning District shall have an intensity of lighting exceeding 450 foot Lamberts when measured by an acceptable light meter and measured directly upon the source of light; provided that any other light sources having influence thereon are discon- nected. It shall -be the responsibility of the manufacturer or owner of the sign display or device to have labeled or lettered thereon that said sign shall not exceed 450 foot Lamberts intensity. OBSTRUCTION TO DOORS, WINDOWS, OR FIRE ESCAPES: No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a.stand pipe or fire escape. SECTION 5 - SIGNS NOT TO CONSTITUTE TRAFFIC HAZARD: No person shall erect or maintain or cause to be erected or maintained any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of words "STOP", "LOOK", "DANGER" or any other words, phrases, symbols, or characters.in a manner to interfere with, mislead, or confuse traffic. -12- �Z/ (SECTION 6 - SIGNS PROHIBITED ON.PUBLIC PROPERTY: No person except a public officer or employee in performance of a public duty shall paste', nail, paint 'tack,f wire or otherwise fasten or locate !' any card, banner, pennant, handbill., sign, poster, advertisement, or notice of any kind or cause the same to be done on any pavement, side- walk,, step,curbstone, lamp -post; pole, sign -post, hydrant, bridge, wall or tree located on a street or upon public` property or right-of-way, ex- cept as may be required by anyordinance or law, or except advertising benches as authorized by permit. SECTION 7 - IMMORAL OR UNLAWFUL ADVERTISING: It shall be unlawful for any person to exhibit, post or display, or cause to be exhibited, posted, or displayed upon any sign, anything .of an ob- .scene, indecent or immoral nature, or any sign in any manner objectionable to the moral sense of the general' public. ARTICLE IV --CONSTRUCTION SECTION 1 DESIGN: ;All design criteria shall conform to the current U.P.C. as adopted by the City. SECTION 2 --,CONSTRUCTION: All construction shall conform to,the.current U.B.0 as adopted by the City. SECTION 3 - PROJECTION AND CLEARANCE: PRIVATE PROPERTY: Projection and clearanceof signs over private property are not limite, except that such signs projecting more than twelve (12) inches from th, face of a building over private=property used or intended to be used b; the general public shall have a minimum clearance of ten (10) feet above sidewalk -,or grade.' In no'event, however, may a -sign project closer than two (2) feet to theacurb or street drain line. PROJECTION BEYOND PROPERTY 'LINE: No person shall erect, or maintain any sign which exceeds the projectil beyond the property line, or which is lower than the heights above the surface of the sidewalk or the established grade, inthe following ratio: A "V" type sign must not exceed projection allowed for a pro- jecting sign for corresponding..c.learance. THE SIGN MUST BE ABOVE THE FOR AN OVERHANG: RIGHT-OF-WAY.: 0-12 inches 8 feet 12 -24 -inches 10, feet ;C 24-36 inches 12 feet 36-48 inches 14 feet 48-60 inches' - 16 feet For 60 and above 18:feet -13- " • t ALLEY SIGNS:' No person shall erect or maintain any sign that projects over'a public alley. SECTION 4 - FREE STANDING SIGNS:' CONSTRUCTION AND DESIGN:' All wood posts, anchors, bracing, or any other support that enters into or rests upon the ground or set in concrete shall be pressure treated with an approved preservative. HEIGHT ABOVE GROUND: All pole signs exceeding four (4) feet above grade in vertical height shall have a minimum of ten (10), foot ground clearance. CONDITION OF SITE: The immediate area surrounding the site of a free standing sign shall be maintained by the owner thereof in a clean, sanitary con- dition,, free from rubbish, weeds, and all obnoxious substances. PROJECTION: In no event shall a free standing sign project closer than two (2) feet from the face of a curb, or from the street drain line. .REMOVAL; —~ Any sign projecting into public property shall be removed without expense to any public agency, if such moving is necessary because of widening of a highway. SECTION 5 - NON -CONFORMING EXISTING SIGNS: Any sign lawfully in existence on the adoption of this Ordinance may be voluntarily modified or altered if such action will result in'a substantial reduction in the degree of.non-conformity and a building permit is secured therefor. Any sign lawfully in existence on the adoption of this Ordinance may be voluntarily moved or replaced,-provided,that upon such action, com pliance with the provisions of this Ordinance will be required when a change of use occurs. ARTICLE V- REGULATIONS SECTION 1 - ADVERTISING BENCHES INITIAL REQUIREMENTS: No person shall place upon the right-of-way of any public street or in any public safety area within the City any benches or seats upon which any advertising matter shall be painted or otherwise affixed, without complying with the following conditions: -14- ;a.Initially applying for and obtaining a written permit from the City Engineer. b. Obtaining the approval of the City Engineer. for the design and construction of benches.' i REMOVAL Within thirty (30) days from'receipt'of a letter from the City Engineer- requesting removal of any bench for just cause, said bench or benches shall be removed. SECTION 2 DIRECTIONAL SIGNS: Any sign directing persons to a development not directly located on the sam( property as,-.is the 'sign shall be classified as a directional sign and will be subject Ito the'below listed limitations. A Use Permit is not required for those signs' which comply with these requirements a. The directional sign must be located within two (2) miles of the development. b. Sign copy shall be limited to directional information, trade information and price range. c. The ,applicant shall: remove the sign upon the expiration of the sign ,permit, at no expense to any public agency. Permit shall be one -(1) year duration. Two six (6) month extensions may be granted by the Building Official Further extensions may be approved by the Planning Commission without a public hearing'. d. The applicant shall post a one hundred dollar ($100) bond guaranteeing the removal of said sign: e. Signs within the required setback area require written approval of the City Engineer. f. Two (2) temporary tract identification signs relating to- the othe premises upon which they are maintained, and a total of two (2) directional signs on major and secondary thorough- fares in commercial and industrial districts, shall be per- mitted. Directional signs in residential districts are subject to the granting of a Use'Permit by the Planning Commission. And additional directional signs in excess of a total of two (2) on major and secondary thoroughfares in commercial and industrial districts for.'unusually;_obscured developments are subject to the granting of a Use Permit by the Planning Commission SECTION 3:- FEATURE SIGNS: �r Feature signs shall be permitted in residential subdivisions subject to the following standards: j a. Maximum number: One (1) sign per 75 feet of street frontage. b. Maximum'size: Six �;6) square feet. -15- c. Maximum height: Four (4) feet above grade or,above a fence _ or wall. d. Content: Limited to special features of the sub- division in which they are located. e. Locations: On private property only. Location with- in a public right-of-way is specifically prohibited;. f. Time Limit: A permit shall be issued by the Building. Official for one (1) year or until the first sale `or'lease of units is completed, whichever is the lesser. Two six (6) , month extensions may be granted by the Building Official. 'Further extensions require approval by the Planning Commis- sion. SECTION 4 - PROHIBITED SIGNS OR CONDITIONAL SIGNS: a. Any sign erected for the purpose of advertising a product, event, person or subject not related to the premises upon _ which said sign is located, except directional signs, is '- prohibited. b. Any signs using either symbols, words, or lights to con- flict with traffic signs are prohibited. c. Signs consisting of any moving, rotating, or otherwise animated parts require a Use Permit. Any flashing, blink- ing, fluctuating or otherwise animated light, is prohibited. Public service signs will be permitted subject to securing a Use Permit. d. The use of searchlights requires a Use Permit. e. Banners, bunting, advertising or decorating flags, balloons or similar contrivances require approval of the Building Official and a permit limited to thirty (30) days duration' per quarter. More'frequent use of such displays shall re- quire a Use Permit. f. Portable or temporary signs, except such signs as otherwise authorized in this Ordinance, are limited to a maximum of ten (10) square feet in area,and may be utilized for a period of thirty (30) days per quarter. g. Directional signs and signs identifying service clubs and religious and fraternal organizations shall be permitted -in any district and within public right-of-way subject to the 7PProval of the Building Official. h. Signs on awnings: Any writs 0g on an awning other thA4 the building number Shall be in6l-iAded as part of the total bign �16�. SECTION 5 EXEMPTED SIGNS: , The following signs and devices shall not be subject to the provisions .,, of this` Ordinance: a. b ' Signs g placed y a governmental body or public utility required to be maintained by law. b. Memorial tablets or plaquesplaced by recognized historical agencies. c. Flags of the Nationale or State government; or not ,more than three..(3) flags of non-profit, religious, :charitable,, or fraternal organizations per individual business. d. Non -electric `signs within recreational facilities,which are not visible fromanypublic street. e. Small non -electric portable and/or temporary signs within - a building. f. Small real estate pennants- used for an open house activity. g. Small non -electric convenience signs which facilitate traffic flow and. -safety,, such as entrance, exit, caution -parking, right or left turn only, stop, no `smoking, restrooms, etc.' provided.�said signs do not exceed six (6) square feet. h. Small directory signs not exceeding two (2) square feet per business per directory sign SECTION 6 - POLITICAL SIGNS: Political signs having to,do with any issue, candidate or group of candidates in any' district, municipal, county, state or federal election shall be permitted subject to "the ':following: a. That any person,,party or `group posting signs shall first post a.bond in the amount offifty dollars ($50.00) with the Building Officialo A b. All such signs shall be removed w thin thirty (30) days after the election. SECTION 7 INCIDENTAL PRODUCT SIGNS: Signs advertising incidental products such as Trading Stamps.-Bankamericard, Master Charge,'etc., shall not be considered as part of total sign area providing each sign does not exceed four (4) square feet per side and a total not to exceed three (3) such:'Signs. -17- SECTION 8 - DISTRICT REGULATIONS a. ALLOWED SIGNS IN RESIDENTIAL DISTRICTS CITY OF TUSTIN MAXIMUM HEIGHT ZONE TYPE OF SIGN ALLOWED MAXIMUM NUABER MAXIMUM SIZE OFF GRADE SINGLE FAMILY a. Real Estate signs One (1) per street Six (6) square feet / 4 feet DUPLEX frontage side RESIDENTIAL b. Building ;Identifi- One (1) Two (2) square feet. Must be on the cation, -'signs building c. Construction signs One (1) 32 square feet Fourteen (14) feet d. Tract "Identification Two (2) of each 100 , square feet: Twenty (20) feet and Directional -Signs type (see Article V Sect. 2) e. Lighted Signs Prohibited: except for house number MULTIPLE & a. All signs.allowed in SUBURBAN Single Family and RESIDENTIAL Duplex Residential b. Building Identifi- One (1) Twelve (12) square feet Shall not extend _cation Signs (Light- above the roof ing permitted if line of the arranged to reflect building. it�iy from adjoining 4- - premises) 18 b. ALLOWED SIGNS IN COMMERCIAL 1 PLANNED INDUSTRIAL DISTRICT -20- CITY OF TUSTIN TYPE OF SIGN MAXIMUM MAXIMUM MAXIMUM HEIGHT ZONE ALLOWED NUMBER SIZE OFF GRADE COMMERCIAL & a. All signs per --------------See Section 8 (a)------------------------------------ PLANNED mitted in INDUSTRIAL residential districts. b. Free Standing One (1) per Two (2) square feet per lineal 20 feet plus one-half O for 30 feet said Signs select system foot of total street frontage. foot each street front- Maximum of 300 square feet/ sign is removed from a age - sign, all sides. residential district, not to exceed 35 feet. C . Attached or Wall Signs (1) Facing One (1)/ 20 percent of wall.area on Signs extending above the -'abutting streets wall which sign is located. Signs roof line are considered or a complex on buildings of more than two roof signs and require a parking `lot. stories may exceed; maximum y Use Permit. area permitted with the appro- val of the Planning Commission. (2) Not facing One (1) / 5 percent of wall area on Signs extending above roof abutting streets wall which sign is located. line are considered roof or a complex signs and require a Use parking lot. _ Permit. (3) Projecting One (1) / One (1) sq.ft. per lineal ft. Signs extending above the b signs g' wall of building frontage or 100 roof line are considered _ ._ sq.ft., whichever is the roof signs and require a lesser. Use Permit. d. Roof Signs One (1) in lieu One (1) sq.ft. per lineal foot (Use Permit of permitted per story of building frontage ---------------------- required) free-standing abutting an arterial street, sign. to a maximum area of 300 sq.ft. -20- MAXIMUM HEIGHT TYPE OF SIGN MAXIMUM MAXIMUM .ZONE - ALLOWED NUMBER' . SIZE OFF GRADE COMMERCIAL ,& e. Service Station One (1) Two (2) sq.ft. per lineal ft. 20 ft plus one-half O PLANNED Signs of street frontage with a ft .for each 30 ft. said INDUSTRIAL (1) Free stand.. maximum area of 150 sq,ft. sign is removed from a 3 i.ng r all sides.* residential district, not to exceed 35 ft. (2) Roof or One (1), 150 sq. ft.* Maximum of ten (10) ft. attached above roof line. _ * Aggregate area of (1), land (2) above shall not exceed 150 square feet. (3) Price Sign One (lj / 20 sq. ft./sign._ l . gn Five (5) f t . or mounted on street.'free-standing isgn at- ._ frontage least .eight (8) ft. above,` grade.. w (4) Sandwich One (1) 24 s ft. q Four (4) feet". ; Board - f. Time and Temper- Are considered as part of total sign -area allowed and require a 1 ature Signs Use Permit. g. Signs located in Require written approval of the .City Engineer. required setback _ area. c. ALLOWED SIGNS IN INDUSTRIAL DISTRICTS CITY OF TUSTIN TYPE OF -SIGN MAXIMUM HEIGHT MAXIMUM ZONE ALLOWED NUMBER MAXIMUM SIZE OFF GRADE INDUSTRIAL a'. Free Standing One (1) One (1) square foot for each 600 12 feet.Signs which Signs square feet of site, but not more exceed four (4) feet in than 200 square feet/face of sign, height'shall have a An Additional 20 square feet per- minimum of.eight (8).feet witted for each business on the of ground clearance. site. Signs exceeding 150 square feet in area shall not be.,con- structed in the public safety area. b. Wall Signs One (1) per Ten (10) percent of'the wall Shall'not,extend above the building area upon which the sign is roof line of the building wall located. c. Construction One (1), 100 square feet. 20 feet. Signs limited to t wy one (1) year t� from commence- ment of con- struction. d. Directional --------------See Article V - Section 2 ---------------- Signs - e. Real Estate One (1) _ 32 square feet. 1 14 feet. Signs. f. Signs located Require -written approval by th6 City Engineer. in required :setback area. e. ALLOWED SIGNS IN PLANNED COMMUNITY DISTRICTS CITY OF TUSTIN Unless otherwise specified in the approved plans for a Planned Community District, as provided in Ordinance No. 157, as amended, all regulations herein shall apply to all ARTICLE VI ADMINISTRATION SECTION 1 - VARIANCES: t WHEN MAY BE GRANTED: Applications for variances from the strict application of the terms of this Ordinance may be made and variances granted by the Planning Commis- sion when the following conditions are found to apply: 1. That because of exceptional circumstances applicable to the subject property, the strict application of the Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under similar circum- stances. 2. That the variance shall be subject to such conditions as will assure that the adjustments thereby authorized will not consti tute a grant of special privileges inconsistent with the limi- tations upon other properties in the vicinity and district in which the subject property is located. APPLICATION Applications for variance shall be made ,in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners, or plaintiff in an action for eminent domain for acquisition of said r property, on a form prescribed by the Planning Commission of the City sr Aa of Tustin. They shall be accompanied by a fee as determined -from time to time by the City Council, a plan of the details of the variance requested, and evidence showing (1) that the granting of the variance will not be contrary to the intent of this Ordinance or to the public safety, health and welfare, and (2) that due to special conditions or exceptional characteristics of the property or its location, the strict application of this Ordinance would result in practical difficulties and unnecessary hardships. SECTION 2 - USE PERMITS: WHEN MAY BE GRANTED: Use Permits may be issued as provided in this section for any of the uses for which such permits are required or permitted by the terms of this Ordinance. The Planning Commission may impose such conditions upon the -permit granted as may be necessary to secure the purposes of this Ordinance and the Commission may require tangible guarantees or evidence that such conditions are being or will be complied with. APPLICATION• Application for a Use Permit shall be made in writing by the owners of the property, lessee,.purchaser in escrow, or optionee, with the consent of the owners, or plaintiff in an action for eminent domain for acquisition of said property, on a form prescribed by -the Planning Commission. The application shall be accompanied by a fee as determined from time to time by the City Council and plans showing the details of the proposed use. —25— SECTION 3 — HEARINGS ON VARIANCES AND USE PERMITS: WRARiNa nATR Upon receipt of an application for a Variance or Use Permit, the Planning Commission shall set a date for a public hearing on said application; said hearing shall be held within forty- five (45) days after the filing of the application and notice shall be given as set forth in Sections 65500 and 65854 of the Government Code of the State of California. DECISION OF PLANNING COMMISSION: After the conclusion of the public hearing, the Planning Com- mission shall grant, conditionally grant, or deny the appli- cation for a Variance, or Use Permit, based upon the criteria hereinbefore established. Unless_ the action by the Commission is appealed to the City Council within seven (7) calendar days of the action, said action by the Commission shall be final. T7P'WT?rmTt7F'i MAMW AWTT1 T.V_Mr_Tu (1F UFAMTT. No Variance or Use Permit shall have any force or effect until the applicant therefore actually receives a Resolution as adopted by the Planning Commission designating the conditions of its issue and signed by the Chairman of the Planning Commis-' sion. No permit shall be issued by the City of Tustin until the time for filing an.appeal from the decision of the Planning Commission, as hereinbefore set forth,, has expired or, in the event of such an appeal, after the final determination thereof a by the City Council. Ie LENGTH OF PERMITS: Any Use Permit or Variance granted in accordance with the terms of this Ordinance shall be null and void if -not used within one (1) year from the date_of the approval thereof or within any longer period of time if so designated by the Planning Commission or the City Council. SECTION 4 - REVOCATION OF VARIANCES AND USE PERMITS: Any Use Permit,ox Variance granted in accordance with the terms of this Ordinance may be revoked by the City Council in the manner here- inafter set forth if any of the conditions or terms of such permits are violated or if the following findings are made: l.• Inconnection with Use Permits: The continuance of the use would be detrimental'.to the health, safety, morals, comfort and general welfare of the persons residing or, working in the neighborhood of such use, or would be in- jurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. 11 - SINS _. ,.... ' ._...00 K - ...:. -. - :• _ ROOF SIGN SEX'TCNDS NDON,.: C - ROOF UNE) WALL J6NSRF -� ' SIONIS :. i DIAGRAM "s" w qi `moi k PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 22nd day of July, 1969. 14AYOR ATTEST: CTT CLERK STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN )' A Ruth C. Poe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 438 was duly and regularly introduced and read at a regular meeting of the City Council held on the 7th day of July, 1969, and was given its second reading and duly passed and adopted at a regular meeting held on the 22nd day of July, 1969, by the following vote: AYES: COUNCILMEN COCO, MACK, C. MILLER, MARSTERS, L. MILLER NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE City Cler City of Tustin, California