HomeMy WebLinkAbout17 CODE AMEND 98-001 03-02-98NO. 17
3-2-98
DATE:
MARCH 2, 1998
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
ORDINANCE NO. 1197 (CODE AMENDMENT 98-001)
SIGN CODE AND NOISE ORDINANCE AMENDMENTS
approved, Ordinance No. 1197 would ~me~d
'i~t the use of the Main Street.~Banner p
and amend the' Noise ordinance to prohibit
truction~ aCtivities on City observed federal holidays...
City of Tustin, Community DeveloPment Department
RECOMMENDATION
That the City Council introduce and have~ first reading of
Ordinance No. 1197.
FISCAL IMPACT
This is a City initiated project. There are no fiscal impacts
associated with this proposed amendment.
BACKGROUND & DISCUSSION
SIGN CODE AMENDMENT
The Sign Code (Section 9403c) allows for nonprofit organizations
based in Tustin to apply for banner signs to be posted within the'
public right-of-way on approved structures (Attachment A). The
Main Street Banner poles near City Hall is the only location that
could facilitate posting of~ banners within the public right-of-
way. The structure has been primarily used for City sponsored
events; however, the Community Development Department has received
applications for use from non-profit agencies located within the
City.
The Sign Code gives priority for use of the structure to city
sponsored events. There are several community events through out
the year which limit the available daSes for bona fide non-profit
organizations to use the structure (i.e. Tustin Tiller Days, Taste
of Tustin, Summer Concert Series, Dinosaur Dash). Some non-profit,
non-City sponsored events, desirous of using the facility, have
conflicted with the City sponsored events.
City Council Report
Code Amendment 98-001
March 2, 1998
Page 2
The proposed amendment would delete Section 9403c(2) thereby
avoiding potential conflicts and limiting the use of the facility
to City sponsored events identified in Section 9403c(1).
NOISE ORDINANCE AMENDMENT
Tustin .City Code Sections 4616 and 4617 specify that noise
associated with construction, property maintenance and
agricultural operations are prohibited during federal holidays
(Attachment B). However, there are two federal holidays .not
observed by the City, Martin Luther King's Day and Columbus Day.
During these holidays, City Hall is 'open and City personnel is
available to make inspections. It would be appropriate to allow
construction activities to occur on those holidays that the City
Hall is open for business. Therefore, Sections 4616 and 4617 which
prohibit construction on "federal holidays" would be revised to
read "City observed federal holidays."
Minoo Ash~bi
Assistant Planner
Community Development Director
Attachment:
Attachment A, TCC 9403(c), Permits Required 'for
Public Event Signs
Attachment B, TCC 4616, Specific Disturbing Noises
.Prohibited
Ordinance No. 1197
ccreports\ca98001 .
TUSTIN .CITY CODE
SIGN REGUI~TIONS.
9403b5.(d).
(d) Location-Must be securely affixed to.ground or building and must m
mlnim~m_ twenty-foot setl~ck from all property lines.
(e) Duration of display--M_~-im, um of two (2) consecutive than one (1)
time per year for arch, individual or string ' '.
Arch of balloons: An arch of balloons is a ~ of heli,,m-filled balloons that are
attached close-together to create of color for~ing an arch..
a. M~m,,m siz~ (12) inches in diameter.
b. M~m,,m (3) balloons per'lineal foot- ....
c. be securely affixed'at each end to ground or building and must
}~ ,.~,~,m,,n twenty-foot setback from all Property lines.
of display--Maximum oftwo (2) consecutive days no more than one (1)
b'me per'year for arch, individ, ml; or string of balloons.
c Permits Required for Public Events Signs
A temporary sign and _l_l_l_l~nner permit is required for banner signs to be posted within the
public right:of-way on approved stru~. The following regulations shall apply to such
signs:
1. All banners posted on the strucbzr~ 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)
· 2. When not in ~Jse by the City, ~o.na fide, nonp~fit agencies located within the City of
Tustin may apply for use of the strucS~es for the purpose of advertising events open.
to the general public and held in'the City of Tustin. This application shall be made in
writing to the Commu,~ity Development Department and approved by the Director of
Community Development- ' '
3. All banners posted on the structures &pproved by the City shall be.posted for a
ma~,m of fourteen (14) days unless approved 'by the Director of C9_m_raunity De-
velopment and shall be removed' no later than seventy-two (72) hours after the event
has ocaured.
4. All b~nners posted on the a~proved stru~ must conform with the following de-
sign criteria:
.
(a) All bhfi~e~ shall be made profea_sionalfy and be constru~ of canvas material
which has openings for proper .wind resistance.
' ' ......(15) "N5 banhe~ sll/lI'~xcs~ t~ie/y-Ii{e'i(3'5) r~ti ih"ho~iigi{tal lehgth;' ivith'a"rnaXlrnUm'
sign height or vertical dimension of four (4) feet.
(c) All banners shall contain copy on both sides with only white background and all
copy colors shall be limited to a choice of two (2) colors which include red, blue,
black, brown, green and orange.
·
(d) For purposes of administering the permit Process, and for the City maintenance
crew to install and remove the displays, a fee adopted by resolution of the City
Council shall be charged.
REV: 7-92
LU-4-16
ATTACHMENT
A
TUSTIN CITY CODE
SIGN REG~TIONS
9403c4.(e)
.
(e) All applicants shall provide a certificate of general liability insurance in the
amount adopted by resolution of the City Council naming the City of Tustin as an
additional insured.
(O Any banner for events with corporate sponsorship must lin~it the size of the
corporate logo space to no more than twenty-five (25) percent of the total banner
size.
The procedures herein con_~{ned shall be enforced by the Community Development
Department. Any request to vary from these regulations shall be processed in accor-
dance with exception procedures contained in this Code_
REV: 7-92 LU-4-16.1
TUSTIN CITY CODE
NOISE CONTROL
4615(b) '
(b) It shall be unlawful for any person at any location within the incorporated area of the
city to create any noise, or to allow the creation of any noise on property owned..
occupied, or otherwise controlled by such person, when the foregoing cauSes .~ level,
when measured within any other dwelling unit on any residential exceed:
(1) The interior noise standard for a cumulative period
any hour; or
than five (5) minutes in
(2) The interior noise plus five (5) dB(A)
minute in any hour; or
period of more than one (1)
(3) The interior noise
(10) dB(A) for any period of time.
(c) In the event th noise level exceeds either of the first two (2) noise limit
categories above period applicable to said category shall be increased to reflect
said ambient level. In the event the ambient noise level exceeds the third noise limit
cate maximum allowable noise level under said category shall be increased to reflect
the ambient noise level.
[. No. 828, Sec. 1, 7-21-80; Ord. No. 845, Sec. 6, 5-18-81)
4616 SPECIFIC DISTURBING NOISES PROHIBITED
It shall be unlawful for any person to make, continue, cause to allow to be made or
continued for any amount of time the following acts and things which are hereby declared to
be unnecessary, excessive and annoying in violation of this article:
(1) LOudspeakers, amplifiers used for advertising. The using, operating or' permitting to
be played, used, or operated of any radio receiving set, musical instrument, phono-
graph, loudspeaker, sound amplifier' or other machine or device for the producing or
reproducing of sound in excess of the levels described in sections 4614 and 4615 which
sound is cast upon the public streets for the purpose of commercial advertising or
attracting the attention of the public to any commercial building or structure.
·
(2) Construction, repairing, remodeling or demolition and grading. The erection, demo-
lition, alteration, repair, excavation, grading, paving or construction of any building
or site is prohibited between the hours of 6:00'p.m. and 7:00 a.m., Monday through
Friday and 5:00 p.m. and 9:00 a.m. on Saturdays and during all hours Sundays and
Federal holidays. Trucks, vehicles and equipment that are making or are involved
with material deliveries, loading or transfer of materials, equipment service, main-
tenance 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
identified in this subsection in the case of urgent necessity or upon a finding that such
approval will not adversely impact adjacent properties and the health, safety and
welfare of the community if a temporary exception is granted in writing by the
Building Official for private property or by the Director of Public Works for public
REV: 1-96 HS-6-7
ATTACHMENT
B
TUSTIN CITY CODE NOISE CONTROL 4616(2)
(3)
(4)
properties or their authorized representatives. All temporary waiver requests shall be
made in writing and shall include the specific times, dates and locations requested
and a description of the type of activity that is proposed. In granting a temporary
exception, conditions may be imposed on construction activities to protect the health,
safety and welfare of the community. Any approval granted may be summarily
revoked by the Building Official or Director of Public Works at the sole discretion of
each official. Notice of such revocation shall be provided to the requestor, Police
Department and project file.
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 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
not adversely impact adjacent properties and the public health, safety and welfare of
the commUnity, the above regulations may be modified in writing by the Public Works
Director for public property and by the Building Official for private property or their
respective authorized representatives. All temporary waiver requests shall be made
in writing and shall include the specific times, dates and locations requested and a
description of the type of activity that is proposed. In granting a temporary exception,
conditions may be imposed on construction activities to protect the health, safety and
welfare of the community. Any approval granted may be summarily revoked by the
Building Official or Director of Public Works at the sole discretion of each official.
Notic~ of such revocation shall be provided to the requestor, Police Department and
project file.
Property maintenance equipment. The use and operation of property maintenance
equipment, the use of which is attended by loud or unusual t~oise, is prohibited in
residentially zoned areas any and all hours on Sundays and 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
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 mainte-
nance 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 provisions ofthis subsection (4).
REV: 1-96 HS-6-8
TUSTIN CITY CODE NOISE CONTROL 4616(4)b.
b. The use of property maintenance equipment may'be permitted outside of those
limitations identified in subsection 4616 (4) in the case of necessity or upo.n a
finding that such approval will not adversely impact adjacent properties and the
health, safety, and welfare of the community if a temporary exception is granted
in writing by the Building Official or the Building Official's authorized represen-
tatives. All temporary exception requests shall be made in writing and shall
include the specific times and dates and locations requested and a description of
the activity that is proposed. In granting a temporary exception, conditions may
be imposed on the use of property maintenance equipment to protect the public,
health and safety. Any approval granted may be summarily revoked by the
Building Official at the sole discretion of the Building Official. Notice of such
revocation shall be provided to the requestor, Police Department and project file.
(Ord. No. 828, Sec. i, 7-21-80; Ord. No. 845, Sec. 7, 5-18-81; Ord. No. 1083, Sec. 1, 4-21-92; Ord.
No. 1143, Sec. 1, 2-21-95; Ord. N°. 1156, Sec. 2,' 10-16-95)
4617 EXEMPTIONS
The. following activities shall be exempted from the provisions of this chapter:
(a) Activities conducted on the grounds of any public or private nursery, elementary,
intermediate or secondary school or college, public agency, and public utility.
(b) Outdoor gatherings, public dances, shows and sporting and entertainment events
provided said events are conducted pursuant to a permit (license/permit) issued by
the City pUrsuant to Article 3, Chapter 2 of the Tustin City Code relative to the
staging of said events.
(c) Activities conducted on any park or playground provided such park or playground is
owned and operated by a public entity.
(d) Any mechanical device, apparatus or equipment used., related to or connected with
·
emergency machinery, vehicle or work.
(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 federal holidays.
(fl All mechanical devices, apparatus or equipment which are utilized for the protection
or salvage of agricultural crops during periods of potential or actual frost damage or
other adverse weather conditions.
(g) Mobile noise sources associated with 'agricultural operations 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 federal holiday.
(h) Mobile noise sources associated with agricultural pest control through pesticide
application provided that the application is made in accordance with restricted
material permits issued by or regulations enforced by the Agricultural Commissioner.
REV: 1-96 ' HS-6-8.1
TUSTIN CITY CODE NOISE CONTROL 4617(i)
(i)
(j)
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
federal holidays, or between the hours ofg:00 a.m. and 6:00 p.m. on Sunday or federal
holidays.
Any activity to the extent regulation thereof has been preempied by state or federal
law.
(k). Noise sources associated with the maintenance, repair, remodeling, grading and
landscaping of residential real property performed by the owner, provided such
activity does take place between the hours of 7:00 a.m. and 9:00 p.m. This section does
not authorize noise sources performed by independent building trades contractors.
(1) Noise sources associated with the maintenance and repair of personal property
performed by the owner on the owner's residential property, provided such activity
takes place between the hours of 7:00 a.m. and 9:00 p.m. This section does not
authorize noise sources by independent repairmen or technicians.
(Ord. No. 828, Sec. 1, 7-21-80; Ord. No. 1143, Sec. 2, 2-21-95; Ord. No. 1156, Sec. 3,'10-16-95)
8 SCHOOLS, HOSPITALS, COURTS AND CHURCHES
be unlawful for any person to create any noise which causes the noise level at any
school, court, or church while the same is in use, to exceed the noise limits as specified
in section i prescribed for the assigned.noise zone in which the school, hospital, or church
is-located, noise level unreasonably interferes with the use of such institutions or
which unreason disturbs or annoys patients in the hospital, provided conspicuous signs
are displayed in (3) separate locations within one-tenth of a mile of the institution
indicating the ~ a school, church, court, or hospital.
(Ord. No. 828, Sec. 1, 7-2
REV: 1-96 HS-6-8.2
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. COD~
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:
,
a.
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;
.
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 .
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 banne~
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
o
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)
-~ly for usc~ '~,,~ ~truc"~o ..... for thc purpose of
advert szng
~ LLL~ ~ ~ ~ ~ ~ ~ ~ ~LLLLLL~ ~ ~ V ~LLL~
~LLLLLL~
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 ~i~iii!i~i~ federal holidays. Trucks, vehicles and
equi~'~'['"'"'"~'~'~'['"'""~'~e 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
10
11
12
13
14
1.5
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No. 1197
Page 3
appliance, the use of which is attended by loud or
unusual noise is prohibited between any and all hours on
Sundays and ~~ii~ii~~ federal holidays, between the
hours of 6:0~:~:':':'~':'~":~:':~ ......... ~'~'":':~:':'~:':'~0 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
fiDding that such approval will ....
(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 ~i~iii~~ federal holidays, before 7:00 a.m. and
aft~:~:::~:~:~'~:~:~ ......... ~:~'~ ........... ~onday through Friday, and before 9:00
a.m. and after 5:00 p.m. on Saturdays. In commerci'al and
industrially zoned areas, the use of property maintenance
e~uipment is prohibited any and all hours on Sundays and
~~iii~ii~~ federal holidays, before 7:00 a.m. and
'~:~'~'~':':':~':6:':'~:':'~':~':':':':~':~m. Monday t'hrough 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 ~iiii~i~ 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.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
OrdinanCe No. 1197
Page 4
(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 ~i~::~::i::~::S.,::~:.i.:~::~ federal holidays, or between the hours
of ':'~:':';~':'~'"~ ........... ~:':'[:':~i: ........... ~'~'d 6:00 p.m. on Sunday or ~i~i~!iiiiiiiii~i~
federal holidays."
........... ~ denotes deleted text. ~i~i~i~ denotes new
text. " .... "denotes continued text as 6'fi'~'~"h'~l code. )
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 2nd day of March, 1998.
JEFFERY M. THOMAS, Mayor
PAMELA STOKER, City Clerk