HomeMy WebLinkAboutP.H. 1 CODE AM 92-004 04-21-92PUBLIC HEARING N0. 1
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w.DATE: APRIL 21 1992 ��a�j
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 92-004 (TEMPORARY SIGNS)
RECOMMENDATION
It is recommended that the City Council have first reading by title
only and introduction of Ordinance No. 1085.
BACKGROUND
On April 13, the Planning Commission adopted Resolution No. 3019
recommending that the City Council approve Code Amendment 92-004,
modifying the regulations for temporary signs.
On October 21, 1991 the Tustin City Council adopted a new Sign Code
which was the culmination of several years of work. In February of
this year the Tustin Chamber of Commerce requested that the City.
Council relax the Sign Code provisions relating to banner signs and
other temporary signs due to freeway construction and the
recession. The City Council requested background information and
agendized the matter for the March 2 Council meeting. Prior to
Council consideration, staff transmitted this information to the
Planning Commission for discussion. On February 24, the Planning
Commission discussed the Chamber's request to grant temporary sign
code exceptions and suggested some alternatives for improving
business, rather than permitting unrestricted banner signs. On
March 2, the City Council reviewed information from staff regarding
other Orange County City banner sign regulations. After some
discussion, the Council directed staff to work with the Chamber of
Commerce and the Planning Commission Sign Code Committee to discuss
ways to promote business in Tustin.
The first meeting of the Chamber Business Promotion Committee was
held in late March. One of the marketing strategies proposed for
local businesses was to modify the temporary business banner sign
regulation to permit more flexible time -limits and .to eliminate the
requirement for a security bond. Also discussed was the
possibility of using the public event banner signs (on Main Street)
for City sponsored business promotions. It was unanimously agreed
by the Committee that a Code Amendment should be initiated to
address these issues.
City Council Report
Code Amendment 92-004
April 21, 1992
Page 2
ANALYSIS
Code Amendment 92-004 proposes to modify the time limits, height
limits and bond requirements for business banner signs. The
proposed amendment is identified as Exhibit A which shows the new
language highlighted.
Special event banner signs are currently permitted for 30
consecutive days, no more than 4 times per year nor more than twice
in any calendar quarter. As a result of the discussions with the
Chamber, it was suggested that more flexible time limits would
benefit the business community. Since some businesses may wish to
have banner signs only on weekends or only on specific weeks, it
was suggested that modifications to the time limits for posting of
banners be made to permit a maximum of 60 days per calendar quarter
and no more than 120 days per calendar year. This proposed sign
code modification would permit a business owner to pay one
temporary sign permit -fee and apply for a banner sign once a year,
if they know the exact days proposed in any given year. Currently,
an owner could need to apply for a Temporary Sign Permit four times
a year at a fee of $75.00 for each permit. If a business owner is
unable to identify a schedule for posting of a banner sign for the
entire year, they may apply for separate permits each time they
wish to display the sign, however, the maximum time limits would
still apply. In addition, a business owner could choose to display
the banner on non-consecutive days, thus resulting in the .same
number of days for a banner's use, but spread out over a longer
period of time. This may increase the effectiveness of banner
signs since the public is sometimes more aware of banners that .are
not on display every day.
The current Sign Code limits the height of the banner to a maximum
vertical dimension of 6 feet. In most circumstances, a business
banner is hung horizontally and attached to a building wall. There
are some instances where this cannot be done. In those cases the
business owner has the option of placing the banner on a
freestanding pole. A pole mounted banner may be severely
restricted when the space is not available for mounting the poles.
In order to accommodate these unique situations and to provide for
a variety of shapes for banner signs, staff proposes to eliminate
the limitation on the vertical dimension of the sign. The maximum
overall size of the banner will remain at 32 square feet.
The present code permits a maximum of one banner -sign per street
frontage or storefront (in the case of multi -tenant buildings),
however, it does not clearly identify the limitations on pole -
mounted banner signs. In order to clarify the restrictions, staff
proposes to permit only one pole -mounted banner sign per site.
-- City Council Report
Code Amendment 92-004
April 21, 1992
Page 3
Therefore, in the case of a multi -tenant. shopping center, each
tenant may have a building -mounted banner sign and only one tenant
would be permitted to install a pole -mounted banner sign instead of
the building -mounted sign. The property owner would decide which
tenant could have a free-standing pole -mounted banner sign and the
applicable time periods. Staff believes that this restriction will
limit the amount of sign clutter on a site.
The proposed sign code modification would also exempt business
banners from the requirement .to provide a $50.00 refundable cash
bond to ensure removal of the banner within the permit time limits.
This will save the business owner the cost of the bond and save the
City money and time spent processing a refund. Although
eliminating the bond requirement and modifying the time limits to
non-consecutive days will change our enforcement procedures and
method of tracking permits, staff believes that other provisions of
the sign code will be equally as effective. an enforcement tool.
The current sign code includes a provision to permit the removal of
nominal value signs if in violation of sign code provisions. A
nominal value sign is defined as a sign valued at less than
$200.00. The cost of a banner sign is usually between $100.00 and
$150.00. Removal of illegal banner signs will help ensure that
signs are displayed only on permitted days.
The present code permits the use of the Main Street Banner Signs to
advertise events sponsored by the City. The Chamber Business
Promotion Committee believed that in order to strengthen the
business environment and to encourage local spending, this banner
sign could also be used for promotions sponsored by the City of
Tustin (.i.e. promotions encouraging residents to shop in Tustin).
It is recommended that provisions of the sign code for Special
Event Banner Signs be expanded to permit such promotions.
On April 13 the Planning Commission held a public hearing and
received public input on the proposed Code Amendment. The
Commission discussed the proposed modifications and concurred that
the proposed amendment will provide more flexibility for the
business community. The Commission recommended one minor
modification to the draft ordinance and adopted Resolution No. 3019
recommending the City Council approve Code Amendment 92-004.
CONCLUSION
The proposed amendment will maintain the integrity of the temporary
sign restrictions while at the same time provide the business owner
with greater flexibility for inexpensive advertising and special
event promotions through the use of banner signs. The amendment
City Council Report
Code Amendment 92-004
April 21, 1992
Page 4
also reduces the cost of advertising with banners by allowing for
one temporary sign permit for the entire year. Staff recommends
that the City Council have first reading by title only and
introduction of Ordinance No. 1085.
a
SaraJ. Pashalid s
Associa a Planner
SP:kd\cod92-04.ccr
Christine ShinqWeton
Assistant City Manager
Attachments: Planning Commission Resolution 3019 and Exhibit A. -
ordinance with revisions
Ordinance No. 1085
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RESOLUTION NO. 3019
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
TO THE CITY COUNCIL ADOPTION OF CODE
AMENDMENT 92-04, MODIFYING THE REGULATINS
FOR TEMPORARY SIGNS.
The Planning Commission of the City of Tustin hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. A public hearing before the Planning Commission to
consider Code Amendment 92-04 was duly called, noticed
and held on Monday, April 13, 1992.
B. The subject amendment will modify the height and time
limits for temporary business banners to provide for
greater flexibility.
C. The subject amendment is in the best interest of the
public health, safety and welfare in that it will
maintain the regulation of temporary banner signs.
D. The subject amendment is consistent with
the owth and
ral
Plan in that it will not impact the orderly g
development of the City.
II. The Planning Commission hereby recommends to the City
Council approval of Code Amendment 92-04 as provided for in
Exhibit A, attached hereto.
PASSED, APPROVED AND ADOPTED by the Planning Commission at a
regular meeting on the 13th day of April, 1992.
KATHLEENSecretary/
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
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Resolution No. 3019
Page 2
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Revised Resolution No. 2710 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of April, 1992.
KATHLEEN CLANCY
Recording Secretary
SP:kd
I
ORDINANCE NO. 1085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TIISTIN, CALIFORNIA, AMENDING SUBSECTIONS
9403B1. AND 9403C1. OF ARTICLE 91 CHAPTER 4
OF THE TIISTIN CITY CODE RELATING TO
TEMPORARY SIGNS
The City Council of the City of Tustin finds and determines
as follows:
A. The Sign Code was adopted to maintain and enhance the
quality of the City's appearance by avoiding sign clutter
and to promote the economic opportunities of the City by
permitting effective business identification; and
B. There are some businesses that require special temporary
signage to identify product and service information to
customers; and
C. It has been determined that there is a need to modify the
height limits and time limits for temporary business
banners to provide for greater flexibility; and
D. The subject amendment is in the best interest of the public
health, safety and welfare in that it will maintain
regulation of temporary banner signs.
NOW, THEREFORE, the City Council of the City of Tustin does
hereby ordain as follows:
Section I. Subsection 9403bl. of Article 91 Chapter 4 is
hereby amended to read as follows:
1. Business Banners
(a) All banners must be fixed to a building and hung
below a roof eave or mounted on poles.
(b) All banners shall be professionally made and
constructed of cloth, canvas, plastic, PVC or
similar material, and have slits for proper wind
resistance,. where necessary.
(c) No banner may exceed 32 square f eet in area. with
TGGt .
EXHIBIT A
Ordinance No. 1085
Page 2
(d) one display per building or street frontage, or
in the case of a multi -tenant building, one
display per storefront shall be allowed.
.................
(e)
(f) Original grand opening business banners shall be
permitted for a period not to exceed 30
days. Temporary sign pgrand ermits for
rY_I WM
o . 1: pefting banners are subject. to the approval
of the Department of Community Development. In
addition,, a change of ownership or change of
business type qualifies for a grand opening
business banner.
(g)
Special event information business banners for
purposes other than grand openings shall be
permitted for no more than 30
6XV
days
and not more than four (4) times ... in any calendar
4_u"% +-T.,; ..o in nnu r-AlAndar auarter.
special events only, and
not for each promotion A national franchise might
wish to advertise. Specia*l event banners are
subject to the approval of the Department of
Community Development.
Section 2. Subsection 9403c1. of Article 9, Chapter 4 is
hereby amended to read as follows:
All banners posted on the structures approved by the
p.._ open
....
. .
city shall advertise events
to the public and sponsored 'W:-"t*1"*'h"e' City" .:::.::.:::::.....::::::<;;:>..:::<.:<:.::::::...:...:... 6 Tustin.
Ordinance No. 1085
Page 3
Section 3. All of the provisions of this Ordinance shall
be construed together in order to accomplish the purpose of
these regulations. If any provision of this Ordinance is held
by a court to be unconstitutional, such unconstitutionality
shall apply only to the particular facts, or if a provision is
declared to be unconstitutional as applied to all facts, all of
the remaining provisions of this Ordinance shall continue to be
fully effective.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin held on the 4th day of May, 1992.
CHARLES E. PUCKETT
Mayor
MARY E. WYNN
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
CERTIFICATION FOR ORDINANCE NO. 1085
MARY E. WYNN, 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
was duly and regularly introduced at a regular meeting of .the
City Council held on the 21st day of April, 1992 and passed and
adopted at a regular meeting of the City Council held on the 4th
day of May, 1992, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
MARY E. WYNN, City Clerk
SP:kd\1085.ord
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ORDINANCE NO. 1085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING SUBSECTIONS
9403B1. AND 9403C1. OF ARTICLE 9, CHAPTER 4
OF THE TUSTIN CITY CODE RELATING TO
TEMPORARY SIGNS
The City Council of the City of Tustin finds and determines
as follows:
A. The Sign Code was adopted to maintain and enhance the
quality of the City's appearance by avoiding sign clutter
and to promote the economic opportunities of the City by
permitting effective business identification; and
B. There are some businesses that require special temporary
signage to identify product and service information to
customers; and
C. It has been determined that there is a need to modify the
height limits and time limits for temporary business
banners to provide for greater flexibility; and
D. The subject amendment is in the best interest of the public
health, safety and welfare in that it will maintain
regulation of temporary banner signs.
NOW, THEREFORE, the City Council of the City of Tustin does
hereby ordain as follows:
Section 1. Subsection 9403bl. of Article 91 Chapter 4 is
hereby amended to read as follows:
1. Business Banners
(a) All banners must be fixed to a building and hung
below a roof eave or mounted on poles.
(b) All banners shall be professionally made and
constructed of cloth, canvas, plastic, PVC or
similar material, and have slits for proper wind
resistance, where necessary.
(c) No banner may exceed 32 square feet in area.
(d) One display per building or street frontage, or
in the case of a multi -tenant building, one
display per storefront shall be allowed. As a
substitute for a wall -mounted banner sign, one
pole -mounted banner sign per property street
frontage.is permitted.
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2E
Ordinance No. 1085
Page 2
(e) Every business banner shall display a City issued
permit identifying the approved dates for the
display. Banners displayed without a City permit
or on non -approved dates may be removed by the
City.
(f) Original grand opening business banners shall be
permitted for a period not to exceed 30
consecutive days. Temporary sign permits for
grand opening banners are subject to the approval
of the Department of Community Development. In
addition, a change of ownership or change of
business type qualifies for a grand opening
business banner.
(g) Special event information business banners for
purposes other than grand openings shall be
permitted for no more than 30 consecutive days
and not more than four (4) times in any calendar
year nor more than twice in any calendar quarter.
As an alternative, if specific non-consecutive
dates can be identified in writing, a business
banner shall be permitted for no more than 60
days per calendar quarter and no more than 120
days per calendar year. Display of special event
banners should be for special events only, and
not for each promotion a national franchise might
wish to advertise. Special event banners are
subject to the approval of the Department of
Community Development.
(h) Business banners are exempt from the requirement
to provide a refundable cash bond.
Section 2. Subsection 9403cl. of Article 9, Chapter 4 is
hereby amended to read as follows:
1. All 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.
Section 3. All of the provisions of this Ordinance shall
be construed together in order to accomplish the purpose of
these regulations. If any provision of this Ordinance is held
by a court to be unconstitutional, such unconstitutionality
shall apply only to the particular facts, or if a provision is
declared to be unconstitutional as applied to all facts, all of
the remaining provisions of this Ordinance shall continue to be
fully effective.
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Ordinance No. 1085
Page 3
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin held on the 4th day of May, 1992.
CHARLES E. PUCKETT
Mayor
MARY E. WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1085
MARY E. WYNN, 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
was duly and regularly introduced at a regular meeting of the
City Council held on the 21st day of April, 1992 and passed and
adopted at a regular meeting of the City Council held on the 4th
day of May, 1992, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
SP:kd\1085drf2.ord
MARY E.-WYNN, City Clerk