HomeMy WebLinkAboutORD FOR INTRO 1 10-04-93DATE'
OCTOBER 4, 1993
'DINANCE FOR INTRODUCTION NO. 1
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3-4-93
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Inter-Oom
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: URGENCY ORDINANCE NO. 1117, AMENDMENTS TO THE SIGN CODE
RECOMMENDATION
It is recommended that the City Council have first reading by title
only, introduction of Urgency Ordinance No. 1117, and pass and
adopt Urgency Ordinance No. 1117.
FISCAL IMPACTS
There are no fiscal impacts to the City associated with the
proposed amendments to the Sign Code.
BACKGROUND/DISCUSSION
In October of 1991, the City Council adopted Ordinance 1077
approving comprehensive amendments to the City's Sign Code. The
City Attorney's Office is proposing two minor amendments to the
Sign .Code in anticipation of potential issues that may arise
regarding the City's current code enforcement actions on a
billboard. The proposed amendments are as follows:
o
Add provisions expressly requiring that sign permit
applications be processed with the time limits by state law
(six months when no EIR is required); and
o
Add proviSions expressly stating that non-commercial messages
may be displayed on any sign which commercial messages are
permitted.
Currently, state law requirements regarding the processing of
permit applications are implicitly incorporated into and applicable
to sign permit application filed under-the City's sign regulations.
Government Code Section 65950 requires action to be taken on an
application within six months from the time an application is
considered complete when no EIR is required, and within one year
when an EIR is required. Although the City's own review times are
significantly shorter than mandated by the state, expressly
referencing the state requirements in the City's sign regulations
City Council Report
Ordinance 1117
October 4, 1993
Page 2
would provide clarifying language and additional assurances to sign
permit applicants regarding the processing of their applications.
In response, language is proposed to be added to City Code Section
9403i which would read as follows:
"Each sign permit application filed pursuant to this chapter
shall be processed and approved, conditionally approved or
denied within the time limits established by state law for
actions on development projects."
The City's sign regulations are neutral with respect to sign copy
and content, as required by the United States and California
Constitutions, and favor neither commercial nor noncommercial
speech. The proposed amendments related to noncommercial speech
would provide clarifying language and immediate reassurance to both
sign owners and sign permit applicants regarding their rights under
the City's sign regulations. In response, language is proposed to
add City Code Section 9314, entitled Noncommercial Signs, which
would read as follows:
"No provisions of this chapter shall be construed to limit the
rights of owners of signs regulated by this chapter to display
noncommercial messages on any sign authorized by this
chapter."
CONCLUSION
The proposed amendments to the Sign Code would provide immediate
clarifying language to the existing provisions of the Code. The
proposed amendments would not add any new design or development
standards to the Sign Code. Therefore, it is recommended that the
City Council hold first reading by title only, introduction of
Urgency Ordinance No. 1117, and pass and adopt Urgency Ordinance
No. 1117.
~x~Ai, CP
Senior Planner
-- on
Christine~et
Assistant City Manager
CAS :DF :urgsJ gn
Attachments:
Ordinance No. 1117
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ORDINANCE NO. 1117
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 4 OF
ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE REGARDING
NONCOMMERCIAL SIGNS, NONCONFORMING SIGNS, AND
IMPOSING TIME LIMITS FOR ACTING UPON SIGN PERMIT
APPLICATIONS
The City Council of _~he City of Tustin hereby ordains as
follows:
Section 1. Section 9403 of Chapter 4 of Article 9 of the
Tustin Municipal Code is hereby amended to read as follows:
"i Review Procedures
The sign permit application, plans and fees shall be
submitted to the Community Development Department and the
Department shall have the authority to approve, approve with
conditions, or deny the submittal, unless such authority is
granted to the Planning Commission pursuant to the
requirements contained in specific plans, or planned
development or planned community districts.
Ail signs proposed to be located within the public safety
area shall also be reviewed and approved by the Public Works
Department prior to the issuance of any permits.
Each siqn permit application filed pursuant to' this
chapter shall be processed-and approved, conditionally
approved or denied within the time limits established by state
law for action on development projects.
Ail decisions by the Community Development Department or
Planning Commission are final unless appealed in accordance
with this chapter."
Section 2. Section 9413 is hereby added to Article 9 the
Tustin Municipal Code, which shall read as follows:
"9413
NONCOMMERCIAL SIGNS
No provision of this chapter shall be construed to
limit the riqhts of owners of siqns requlated by this
chapter to display noncommercial messaqes on any sign
authorized by this chapter."
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Ordinance 1117
Page 2
Section 3. In adopting this Urgency Ordinance, the City
Council finds;
a. That Section 1 hereof, regarding time iimits for
acting upon sign permit applications is declaratory
of existing law. State law requirements regarding
the processing of permit applications are
implicitly i~6orporated into and applicable to sign
'permit applications filed under the City's sign
regulations. However, expressly referencing the
state requirements in the City's sign regulations
will provide additional assurances to sign permit
applicants regarding the processing of their
applications.
b. That Section 2 hereof, regarding noncommercial
speech, is declaratory of existing law. The City's
sign regulations are content neutral, as required
by the United States and California Constitutions,
and favor neither commercial nor noncommercial
speech. Adoption of Section 2 as part of this
Urgency Ordinance will provide immediate
reassurance to both sign owners and sign permit
applicants regarding their rights under the City's
sign regulations.
Based upon the above findings, the City Council declares
that this Urgency Ordinance is required for the immediate
preservation of the public peace, health or safety. Therefore,
this Ordinance shall become effective immediately upon its
affirmance by at least four-fifths (4/5) of the members of the
City Council, in accordance with California Government Code
Section 36967.
PASSED AND ADOPTED at a regular meeting of the City
Council held on the 4th day of October, 1993.
JIM POTTS
MAYOR
MARY E. WYNN
CITY CLERK