The URL can be used to link to this page

Home My WebLink About17 SIGN CODE/NOISE 03-16-98AGENDA NO. 17 3-16-98 DATE: MARCH 16, 1998 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1197, SIGN CODE AND NOISE ORDINANCE AMENDMENTS RECOMMENDATION' Have second reading by title only and adoPtion of Ordinance No. 119.7 (roll call vote). BACKGROUND' The following Ordinance No. 1197 had first reading and introduction at the March 2, 1998 City Council meeting" ORDINANCE NO. 1197 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO TUSTIN CITY CODE SECTION 9403c TO LIMIT USE OF THE MAIN STREET BANNER POLES TO CITY SPONSORED EVENTS, AND SECTIONS 4616 AND 4617 TO PROHIBIT CONSTRUCTION ACTIVITIES ON CITY OBSERVED FEDERAL HOLIDAYS Valerie Crabill Chief Deputy City Clerk 1 :MEMOORD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1197' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT. TO TUSTIN CITY CODE SECTION '9403c, TO LIMIT THE USE OF THE MAIN STREET BANNER POLES TO CITY SPONSORED EVENTS, AND SECTIONS 4616 and 4617 TO PROHIBIT CONSTRUCTION ACTIVITIES ON CITY OBSERVED FEDERAL HOLIDAYS. The City Council of the City of Tustin does hereby ordain as follows: Section I The City Council finds and determines: no That an amendment to Tustin City Code Sections: 9403c (Permits for Public Event Signs) and 4616/4617 (Specific Disturbing Noises Prohibited) has been prepared to limit the use of the temporary signs and banners posted within public right-of-way to City sponsored events and clarify the City observed Federal holidays related to prohibited noise; B . The proposed amendment would not have an adverse affect on the public health, safety and welfare on residents or businesses of the City; C. Per Section 15601 (b) (1) of California Environmental Quality Act, this amendment is considered a "nonproject"; D , The proposed amendment is regulatory in nature and would provide the City with unrestricted use of the Main Street facility for promotional events; E . The proposed amendment would provide consistency with the Tustin City Code and the hours of operation of the City staff; and, F o The proposed amendment is consistent with the City's General Plan, especially the Noise-Element. Section II Section 9403c of the Tustin City Code is hereby amended to read as follows: "c Permits Required for Public Event Signs A temporary sign and banner permit is required for banner signs to be posted within the public right-of-way on approved structures. The following regulations shall apply to such signs: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1197 Page 2 · Ail banners posted on the structures approved by the City shall advertise events and other promotions open to the public and sponsored by the City of Tustin. (Ord. No. 1085, Sec. 2, 5-4-92) . Ail banners posted on the structures approved by ~the City shall be posted for a maximum of fourteen (14) days unless approved by the Director of Community Development Department and shall be removed no later than seventy-two (72) hours after the event has occurred. , Ail banners posted On approved structures must conform with the following design criteria: .... " SECTION III Subsections (~2), (3) and (4) of Tustin City Code Section 4616 are hereby amended to' read as follows: "(2) Construction, repairing, remodeling or demolition and grading. The erection, demolition, alteration, repair, excavation, grading, paving or construction of any building or it is prohibited between the hours of 6:00 p.m. and 7:00 a.m., Monday trough Friday and 5:00 p.m. and 9:00 a.m. on Saturdays and during all hours.Sundays and City observed federal holidays. Trucks, vehicles and equipment that are making or are involved with material deliveries, loading or transfer of materials, equipment service, maintenance of any devices or appurtenances to any construction project in the City shall not be operated on or adjacent to said sites outside of the approved hours for construction activity. Exception: Construction activities may be permitted outside of those limitations .... (3) Pile drivers, hammers, etc., the operation of a pile driver, power shovel, pneumatic hammer, grading and excavating machinery, paving equipment, or other appliance, the use of which is attended by loud or unusual noise is prohibited between any and all hours on Sundays and City observed federal holidays, between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday, and between 5:00 p.m. and 9:00 a.m. on Saturdays. Exception: In the case of urgent necessity and upon a finding that such approval will .... 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1197' Page 3 (4) Property maintenance equipment. The use and operation of property maintenance equipment, the use of which is attended by loud or unusual noise, is prohibited in residentially zoned areas any and all hours on Sundays and City observed federal holidays, before 7:00 a.m. and after 6:00 p.m. Monday through Friday, and before 9:00 a.m. and after 5:00 p.m. on Saturdays. In commercial and industrially zoned areas, the use of property maintenance equipment is prohibited any and all hours on Sundays and City observed federal holidays, before 7:00 a.m. and after 10:00 p.m. Monday through Friday, and before 9:00 a.m. and after 10:00 p.m. on Saturdays. No property owner, lessee, gardener, property maintenance service, contractor, subcontractor, Or employer shall permit or allow any person working at their direction to operate property maintenance equipment in violation of the provisions of this section. All debris generated by the use of property maintenance equipment shall be cleaned up and disposed of in accordance with Section 4421 of this. Code Exceptions: a. Public property maintenance is exempt from the provision of this subsection (4) .... " SECTION IV Subsections (e), (g) and (i) of Tustin City Code Section 4617 are hereby amended to read as follows: "(e) Noise sources associated with construction, repair, remodeling, or grading of any real property between the hours of 7:00. a.m. and 6:00 p.m Monday through Friday and the hours of 9:00 a.m. and 5:00 p.m. on Saturdays, excluding City observed federal holidays. (g) Mobile noise sources associated with agricultural operation provided such operations do not take place between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a City observed federal holiday. (i) Noise sources associated with maintenance of real property provided said activities take place between the hours of 7:00 a.m. and 6:00 p.m. on any day except Sunday or City observed federal holidays, or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or City observed federal holidays." 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1197 Page 4 Section V If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held out be invalid or unconstitutional by the decision of any court, of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the'City Council of the City of TuStin at a regular meeting held on the 16th day of March, 1998. JEFFERY M. THOMAS, Mayor PAMELA STOKER, City Clerk