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HomeMy WebLinkAboutPH 2 CODE AMEND 91-02 10-07-91.......,,,.,�„ PUBLIC HEARING NO. 2 10-7-91 OCTOBER TO: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT U!3,},�C-j-: DEPARTMENT CODE AMENDMENT 91-02 --- (SIGN CODE) RECOMMENDATION"'-�� - It is recommended that 1.the City Council take t Adopt Resolution he following actions: for No. 91_126 or th; � certif 2. BY Minute Ordinance project; and -Ing the No Order? aive waive first BACKGROUND AND D by title only. ISCUSSION On September 23 No, 2950 recommending the Planning 91'02. g that the C•t Commission ad The Cod reading and Negative introduce and standards for Amendment i Y Council a opted Resolution proposes to establish n Code Amendment signs within the Cit Over the past Y of Tustin. new regulations Development several workingDepartment and the City of T Report as comprehensive City Tustin Community prepared revisions to g Commission y for the revisions torid release the Si have been highlight some of outline thele earl gn Code, Y 1991 to e A Sign Code original the more to meth°doexplain the need Code; theige Code Report ssumificant changes gused Permit marized, ges being Proposed and to standards and a the. pplication purpose of The the Proposed design and des som the The criteria, escribes Master sign the sign In August 1991 gn Plans and describe the ' an Addendum to meetin the Sign Code completed since the gs' research and r .Report was summarizes the Report was eVlsions prepared to research revisions originally Prepared. re that have and meet' made to the Draft pared • been Commission, Ings with the Sign Code The Addendum documented Major rev' Chamber as a result in revisions to of Commerce of definition the addendum the January, 1991 and Planning information of the report included; Draft Sign Code bulb sign tO,permit changing stria °n the signs; product g the strings subject permitting festoons' trade and and height limits for reacertain , balloons the limitations. and light 1 estate signs; modif gze providing modifying the size g for exceptions William A. Huston Page 2 October 7, 1991 from the sign code regulations rather than a variance; and eliminating the sign inventory procedures. .Both the original Sign Code Report and the Addendum were previously distributed to the City Council. Additional copies are available upon request. On August 20, 1991, a Joint Workshop was held between the City Council and Planning commission to discuss the Revised Draft Sign Code. The community and Chamber of Commerce was invited to attend the workshop and to provide comments. As a result of the workshop discussions, the following changes to the Draft Sign Code were made: permitting advertising bus shelters subject to certain limitations; limiting� public event banner signs for use only by non-profit agencies located within the city of Tustin; and increase the size of political signs located within the public parkway from 4 to 5 square feet. In addition, at the August 20 1991 Joint Workshop, Councilmember Pontious identified a concern with the size of rental signs for professional offices. She stated that such signs are often semi- permanent in nature and larger than necessary. She requested that the Planning Commission discuss these size limits at their public hearing on the Code Amendment. On September 23, 1991 the Planning Commission held a public hearing and received public input on the proposed Code Amendment. Ms. Angie Kardashian, President of the Tustin Chamber of Commerce, spoke in support of the proposed Sign Code. The Commission discussed the proposed 16 square foot size limit for professional office real estate signs. It was the consensus of the Commission that the proposed 16 square foot size limit is a fair compromise when looking at all of the sign code issues as a whole and that the City should concentrate on enforcement of real estate signs that exceed the size limits in all districts. Some minor editorial changes were made as a result of Commission discussion. These changes did not affect the intent of the code or alter the approach established by the cooperative meetings between staff, Commission and the Chamber. The Commission also discussed the regulations in Master Sign Plans and the purpose section of the Sign Code. The Commission added to the purpose statement that signs have a significant influence on a community's economic environment. In additi*onr the definition of freeway sign was modified to be consistent with the regulations. The criteria for Master Sign Plans was modified to eliminate the requirement for similar lettering styles and sign shapes. - William A. Huston Page 3 October 7, 1991' CONCLUSION The Planning Commission and Chamber of Commerce have reviewed and discussed the proposed sign code in detail over the past several months. The City Council should review the proposed draft and the Planning Commission modifications. Should the Council wish to change the Draft Sign Code, those modifications can be incorporated into the document. Staff recommends that City Council: A. Adopt Resolution No. 91-126 certifying the final Negative Declaration as adequate; and B. By Minute Order, waive first reading and introduce Ordinance No. 1077 by title only. Sara Pashalides Christine Shinglitton -- Associate Planner Assistant City Manager SP:kd\91-02.ccr Attachments: Planning Commission Resolution 2949 Planning Commission Resolution 2950 and Exhibit A - Draft Sign Code with revisions Resolution No. 91-126 Negative Declaration/Initial Study Ordinance No. 1077 1 2 3' 4' 5 6 7 8 9 10 11 12 13 - 14 15 16 17 18 19 20 21 Z 2! 2E 2'. 21 RESOLUTION NO. 2949 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 91-02 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. The request to approve Code Amendment 91-02 is considered a "project" pursuant to the terms of the California Environmental Quality Act. B. A Negative Declaration has been prepared for this project and has been available for public review. C. Whereby, the Planning Commission of the City of Tustin has considered evidence presented by the Department of Community Development and other interested parties with respect to the subject Negative Declaration. D. The Planning Commission has evaluated the proposed final Negative Declaration and determined it to be adequate and complete and recommends that the City council certify the final Negative Declaration. II. A Final Negative Declaration has been completed in compliance with CEQA and State guidelines. The Planning Commission has received and considered the information contained in the Negative Declaration and have found that it adequately discussed the environmental effects of the proposed project. On the basis of the initial study, the Planning Commission has found that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and therefore makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2949 Page 2 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 23rd day of September, 1991. , V, dr AL N L . B R Cha rman KATHLEEN CLANCY Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2949 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1991. KATHLEEN CLANCY Recording Secretary SP:kd\2949 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2950 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF CODE AMENDMENT 91-02, PROVIDING FOR NEW REGULATIONS, STANDARDS AND PROCEDURES FOR SIGNS. The Planning Commission of the City of Tustin does 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 91-02 was duly called, noticed and held on Monday, September 23, 1991. B. A Negative Declaration has been prepared in conformance with the California Environmental Quality Act; no significant, adverse impacts are associated with this Code Amendment. C. The subject amendment is in the best interest of the public health, safety and welfare in that it will control sign proliferation, prohibit signs that are a hazard to pedestrians or vehicles and provide for effective business identification. D. The subject amendment is consistent with the General Plan in that it will not negatively impact the orderly growth and development of the City. II. The Planning Commission hereby recommends to the City Council approval of Code Amendment 91-02 as provided for in Exhibit A, attached hereto. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2950 Page 2 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 23rd day of September, 1991. All ,Cha� ` ��r KATHLEEN CLANCY Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I. KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2950 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1991. Z� KATHLEEN CLANCY Recording Secretary SP:kd\2950 EXHIBIT A TO PLANNING COMMISSION RESOLUTION NO. 2950 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING SPECIFIED SECTIONS OF ARTICLE 9 OF THE TUSTIN CITY CODE AS THEY RELATE TO SIGN REGULATION The City Council of the City of Tustin does hereby ordain as follows: Section 1: Chapter 4 of Article 9 of the Tustin City Code is hereby repealed in its entirety and a new Chapter 4 entitled Sign Regulations is hereby added to read as follows: CHAPTER 4 SIGN REGULATIONS 9401 PURPOSE The purpose of this Chapter is to promote community identity and effective business identification through the regulation - and design of signs -and sign structures within the City of Tustin. Because signs and graphics are an essential element of our community, their location, number, size and design have a significant influence upon the community's visual <' ztenvironment . The regulation thereof is considered necessary to promote and protect the public health, safety and welfare through consideration of safety and the aesthetics of any signs and graphics to be installed within the City. This Chapter provides requirements for the location, regulation, maintenance and design of signs that meet the following objectives: A. Maintain and enhance the quality of the City's appearance by avoiding sign clutter and encouraging the coordination of signs on multi -use or multi -tenant sites. B. To ensure that signs are compatible in design, type and color with their surroundings and the community as a whole. C. Regulate the, number and size of signs according to standards consistent with the type of establishment in each zoning district which are appropriate to the type of activity to which they pertain or the business which they identify. Ordinance No. 1077 D. Limit off -premise signs in order to control sign proliferation, protect the aesthetic goals of the City and maintain the visibility and effectiveness of on -premise signs. E. Provide each sign user an opportunity for effective identification while at the same time limiting the number and area of signs permitted on a site. F. Ensure that all signs are inherently safe and do not pose a hazard to pedestrian or vehicular traffic or property, and to allow security surveillance by regulating view obscuring displays on businesses. 9402 DEFINITIONS The following terms as used in this Chapter shall have the respective meanings as set forth except when the context clearly indicates otherwise. A supplemental graphic presentation of certain definitions is provided as information and is included as Section 9412. Abandoned Sign A sign which no longer identifies or advertises a bona fide business, lessor, service owner, product, or activity, and/or for which no legal owner can be found. Aggregate Area - The combined permitted sign sizes of all signs on any one lot, site, building, structure or other premises, excluding temporary signs, non-commercial signs, special event signs, public information signs and traffic signs. color size Alter To change i i ����. � 0. shape, position, location, or...method of illumination of a sign. This shall hft include replacement of face copy on cabinet type signs. Animated or Flashing Signs - Any advertising .sign or structure located outside of a building or within 3-1- of inside of window which has any visible moving part visible revolving parts or visible movement achieved by electrical, K Ordinance No. 1077 `�' �`' rootlike structure extending all or any portion of g over a supported b a,building wall and ,door, window or Y the exterior wall of a buildinprog- Se from and ding , S e • See Section Awning Si n - A sign painted on, printed front surface o f g on or attached to the an awning. Balloons - A sphere ere of non po rows material filled with air or Banner Si n material i A temporary sign made of fabric -or with no enclosing framework, s °r an Y nonrigid one—_o°—� - Any stationary or • more beams that moving light source or inside a building,,rotate or move located Outlight with With one or within 3 feet of side of or directed or more beams directed a window and flashing light source. one or more into the atmos Points not on the same plies or lot as the Bench Si n Any sign which ch i Y Seat or s Placed or erected on a M.,,, electronic, or electrical kinetic means pulsations or b including intermittent Y action of normal wend currents Arcade - A covered passageway pro wall e a ' to the building and supported b Jeocting from the exterio ground. Y p sts or columns r attached Arcade Si n any structural overhang projecting beneath or on front building °r passageWa the underside of g facade. See SectionY9412 perpendicular to the Area - (See Sign, area of Attached Si n affixed to the Any sign permanent) signs). Any surface of y affixed to a building or a building (including wall Attraction Board _ A changeabl A vertisin Si n and or Structure sign or structureWULuOf Ad of any kind or character erected A and/or 3 Ordinance No. 1077 maintained for advertising a business, activity, service or product not sold or produced on the premises upon which the sign is placed. Board of Appeals - Pursuant to the Uniform Administrative Code,, the Planning Commission of the City of Tustin shall act as the Board of Appeals. Building - Any structure used or intended for supporting or sheltering any use or occupancy. Building Frontage - See "Frontage, Building" Bulletin Board - An kiosk or wall sign structure located out-of-doors which displays small signs consisting of the name, title, announcements, or other pertinent information. Bunting - A type of fabric used for banners, flags or pennants, whether or not containing a message. Business Identification Sign - A sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and shall not include the listing of en -f - n t=c}?r :a or specific is brand names .......... A���- �— ..�, ;�.... �:.....� �;.i..;�.....uniess�� the predue-t # or r name is incorporated into the name of the business or is attademark or company name symbol identifying the business or activity provided as in the case of a logo. Said signage is not intended as an advertising device. Business, Individual - A single commercial enterprise which is physically separate from and does not relate to any other commercial business, and is not a part of a shopping center. Cabinet Sign (Canned Sign) - A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated. Canopy - Same as "awning". Canopy Sign - Same as "awning sign". Center Identification Sign - A sign identifying the name of a center or complex. n Ordinance No. 1077 Center means: Center, Commercial Shopping - A group of three or more retail or service stores, plus any related service facilities utilizing common facilities including off street parking, access and landscaping. It does not have to be under single ownership. Center, Industrial - A group of three or more businesses utilizing common facilities including off street parking, access and landscaping, which is neither primarily nor functionally designed for retail trade. It does not have to be under single ownership. Center, Professional - A group of three or more professional offices (as defined by Section 9297 of the Zoning Code) within one building or several buildings weh are Bent-iq et , sharing common facilities including off-street parking, access and landscaping. It does not have to be under single ownership. Changeable Copy Sign (Automatic) - A sign on which the copy changes automatically through mechanical means, electrical or electronic time or temperature controls. Changeable Copy Sign (Manual) - A sign on which copy (individual lettering) is changed manually in the field, such as readerboards. Clearance, vertical - The vertical distance between grade and the lowest part of any sign, including framework or embellishments. Channel Letters - Individual letters or figures, illuminated or non -illuminated, affixed to a building or freestanding sign structure. Construction Sign - A temporary sign identifying project name, street address, emergency phone number and name of person to contact. See Section 9412. Copy - Any words, letters, numbers, figures, designs or other symbolic representations illuminated or non -illuminated incorporated into a sign. Directional11nformation Sign, Permanent - An on -premise sign giving directions, instructions, or facility information such as parking locations, exits, entrances, time and temperature. 5 Ordinance No. 1077 Such signs may not contain the name or logo of an establishment or information of a commercial nature. DirectionallInformation Sign, Temporary - A temporary small off-site, staked sign identifying something incidental, including but not limited to lost or found pets or providing directions to garage sales or homes for sale. Double -Faced Sign - A sign with two faces that are placed back-to-back with a distance separation of no greater than 18 inches and in which both faces cannot be viewed from any point at the same time. Electrical Sign - A sign or sign structure in which electrical wiring, connections, electronics or fixtures are used. Electronic Message Center (See "Changeable Copy Sign, Automatic") Erect - To build, construct, attach, place, suspend, affix or install. Facade - The entire building front including the parapet, and any other architectural projection. Face of Sian - The area of a sign on which the copy is placed. Festoons - A= string of ballee ribbons, -: t n , small flg as, pinwheels, bunting, pennants an other like items. Flags, Business or Corporate - Flags which have names or symbols of a business or corporation which cannot be construed to mean official flags. Flags, Decorative - A temporary sign made of fabric or any non -rigid material which is individually mounted on a flag pole device. Flags, Official - Flags of the United States of America, the State of California, City or other governmental agency. Flashing Sign - (See "Animated Sign") Freestanding Sign - A sign permanently affixed in or upon the ground and not attached to any building. See Section 9412. Freeway Sign - A sign whose purpose is to identify a specific service oriented business (those offering eating facilities, 2 Ordinance No. 1077 lodging accommodations or automobile services) which is located adjacent to the freewawe:. ...........................................................................j�. ........:. .::...::.:.:.:::::.:.:::::: .:........................... .......... . .�r.':`•�ii.(:�j:• •.'5:;.;::$:i'x•`:la:+F+:•�i#:i:i:r4F•:: ::;:aL'.:: ......................................................................................................................................................... . Frontage, building - The lineal extent of a building which fronts on either a street or parking area and used as the basis for determining the maximum sign area and number of signs allowed. See Section 9412. Government Sian - Any temporary or permanent sign erected and maintained by the City, County, State or Federal government for traffic direction or for designation or direction to any of the following; including but not limited to a school, hospital, historical site, or public service property or facility. Grade The average elevation as defined in the Uniform Building Code of the finished ground surface adjacent to the structure supporting the sign. In the case of a monument or pole sign, grade is defined as the level of the curb or sidewalk adjacent to the sign, if less than the finished ground surface. Height - The vertical distance measured from the highest point of the sign including any architectural, ornamental or structural element of the sign to the finished grade adjacent to the sign structure. When calculating sign area, height is the vertical distance from the highest point to the lowest point of the sign. Identification Sign - A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified and shall not include a listing of spee-f..k.-e.L. W&1_*=_or of specific brand names er predue s a z �' 04W Q A i � `unless the preduet��c� or 3�� name is incorporated into the name of the usiness or is a trademark or company symbol identifying the business or activity.exa,6 Illegal On -Premise Advertising Display /Sign advertising display or sign erected without with all ordinances and regulations in effect its construction, erection or use. 7 - An on -premise first complying at the time of Ordinance No. 1077 Illuminated Sign - A sign which has characters, letters, figures, designs, logograms, pictures or outlines illuminated by a source of energy directly or indirectly in order to make the message visible. The definition shall include internally and externally lighted signs and ref lectorized, glowing and radiating signs. Incidental Sign - A sign, emblem, or decal informing the public of services available on the premises such as a credit card sign or a sign indicating hours of operation or emergency phone number. Informational Sign - Same as "Directional Sign". Install - To build, paint, erect, hang or in any manner affix or modify in any way. Light Bulb Strings - External displa s ..::::::::y tfM which consist of li ht' burs or g strings o open lig�it bulbs or lighted tubing. Location - A position on a site or on a building where a sign may be placed. The location is semething regulated by setbacks from property lines for free-standing signs or a height limitation for wall mounted signs. Logo - A trademark or company name symbol identifying the business or service provided. Maintenance (of Signs) - For the purposes of this Ordinance, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign. Mansard - A sloped roof or roof -like facade designed to give the appearance of a full pitched roof. See Section 9412. Marquee - A permanent roof -like structure over an entry, projecting from and supported only by the exterior wall of a building. A marquee is architecturally a part of the building. See Section 9412. Master Sign Plan - A comprehensive program for coordinating all tenant signs within a center. Monument Sign - Any free-standing sign mounted directly on a planter or pedestal base without air space beneath as distinguished from the support of a pole or poles and which is L-113 - Ordinance No. 1077 designed to incorporate features and building materials which complement the architectural theme of the buildings on the premises. Multi -tenant Identification Sign (Directory) - A sign constructed so as to permit individual identification of businesses within a shopping, professional or industrial center. Such signs are solely for the purpose of identification of a business by name, general service or trade, and not to include the listing of individual products or services offered. Nameplate - A non -electric or mechanical on -premise identification plate, plaque or sign giving only the name, address, and/or occupation of an occupant or group of occupants; less than two (2) square feet in size. Neon- A glass tube filled with gas that emits light Non-combustible Material - Any material which is classified as non-combustible in the current Uniform Building and Fire Codes. Non-commercial Sign - Any sign other than a sign relating to the sale of any merchandise, product, service, commodity or other item or activity for private benefit or gain. Non-commercial signs include, but are not limited to: 1. A political sign (See Section 9403 D.13). 2. A sign containing a message advocating, criticizing or otherwise relating to the political views, opinions, contentions on labor disputes or similar controversies. 3. A sign relating to religious, charitable or sociological opinions, views, policies or beliefs. Non -Conforming Sign - A sign erected legally which does not comply with the most current adopted sign restrictions and regulations. Non -Structural Trim - The molding, battens, caps, nailing strips, latticing, cutouts, letters, and/or trim caps which are attached to the sign structure.. Off -Premise Sign - Any sign installed for the purpose of advertising a business product, event, person or subject not related to the premises upon which said sign is located, E Ordinance No. 1077 except directional signs. It shall also include any sign maintained upon or affixed to a building within which the advertised business is not located and any vehicle which is used primarily to support or display such sign while parked on public or private property, other than for the purposes of lawfully making deliveries or sales of merchandise or rendering services from such vehicle. On -Premise Advertising Display - Any structure, housing, device, figurine, statuary or other contrivance of a permanent or portable nature which is designed and intended to advertise specific products or services, services available or goods sold upon the premise which the business or display is located or upon the building within which the business is located. See definition of premise. On -Premise Sign - A sign which pertains to the name, use service, trade or trademark or company name symbol identifying the business or business activity provided as in the case of a -logo of the premises on which it is located. Open House Sign - A sign which identifies a building for sale or lease which is open and available for inspection, and sets forth no other advertisement. Painted Sign - Any sign which is applied with paint or similar substance to the face of a wall, arcade, canopy or marquee of a building. Parapet - An extension of the structural walls, or other architectural feature screening from view on all sides of a building the rooftop equipment. See Section 9412. Pennants - A flag that tapers to a point or a forked double - point, and is often used alone or in a series and suspended- from uspendedfrom a rope, wire or string. Persons - Any person, firm, partnership, association, corporation, company or organization of any kind whatsoever. Plaque - A flat thin piece of metal ( or other material) placed on a building to identify a site or an event or to commemorate an individual or an event. Plastic Materials - Materials made wholly or principally from standardized plastics listed and described in the current edition of the Uniform Sign and Building Code Standards, as adopted by the City of Tustin. 10 Ordinance No. 1077 Pole Cover - An architectural feature or decoration which encloses poles or other structural supports of a sign. Pole Sign - Any free-standing sign supported by a structural member(s) with air space between the grade level and the bottom of the sign face. Political Sign - Any sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a public election or referendum or pertaining to the advocating by persons, groups or parties of the political views or policies. Portable Sign - Any sign capable of being carried or readily moved from one location to another, including but not limited to an "A -frame", "sandwich sign", a sign on wheels or a sign which leans against a stationary object, building or structure. Premise - The building as it relates to a wall sign within which a business is located; or as it relates to a ground sign, premise is defined as the project site upon which the business is located. Primary Wall - A building wall containing a primary store entrance/exit which faces onto a street or designated parking area. Proiect Identification Sign - A temporary sign identifying a future occupant, project developer, architect, engineer, contractor or others participating in construction on the property on which the sign is located. See Section 9412. Projecting Sign - Any sign which is not substantially parallel to the surface or plane of the supporting wall, fence, canopy or marquee to which it is attached. Public Information Sign - Refer to "Directional/ Information Sign". Public Safety Area - A strip of land, twenty (20) feet in width, running parallel with, adjacent to and measured from the public ricaht-of-wav line. T i ht ca:f: ee Section 7 A �/1Yi TI - T� rE ri "int 1 7 t�1 111�n r\M11Y/'YM inelu�rc�r-ehur .Z , MA he . , een'v�a-lestent help-rL�,emerg=ney j..� el n i e, library, utility, / fraternal Zigstitutiens Previding set. v J6 . e 3atie / t e the r _ and Ren -Pref 11 - Ordinance No. 1077 Reader Board Sign - Same as "Changeable Copy Sign". Real Estate Sign - A temporary sign advertising the sale, lease or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease or rent. Replacement Value - The total actual cost to repair or restore a sign to its original condition. Roof Line - Either the uppermost edge of the roof or the top of the parapet. See Section 9412. Roof Sign - A painted sign or attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline. Rotating Sign - A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy. Secondary Wall - A building wall which contains no primary store entrance, but may have emergency exits, exits/entrances subordinate to the primary entrance which may face onto a street or designated parking area or access drive. Sian - Any structure, device or contrivance and all parts thereof which are installed or used for identification purposes upon or within which any poster, bill, copy, lettering, painting, device or other advertising of any kind whatsoever is used, placed upon, or affixed to the building support structure, window area, canoDv, awnina or marauee. Z e-1-nis aerinizion inc.ivaes signs aireczly appliea ro af� ` B i i.d.ing surface such as plastics, and menus. This definition shall not include official notices issued by a court or public body or officer, or directional warning or information sign or structures required by or authorized by law or Federal, State, County or City authority. See Section 9412. 12 Ordinance No. 1077 Sign, Area of - The entire area of the face or faces of the sign, which is designed to carry copy, whether or not there is copy on all surfaces. Architectural design embellishments and structural elements such as a sign pedestal or pole are not construed to be part of sign area. The perimeter is defined by the smallest square, circle, rectangle, triangle or combination thereof or irregular shape that will encompass the extreme limits of the copy together with any frame or structural trim forming an integral part of the display such as a sign cabinet. In the case of a double-faced sign, the area shall be computed as only one of the sign surfaces. See Section 9412. Sian Copy - Any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign. Sign Structure - Any structure which supports a sign. Site - One or more parcels of land identified by the assessor's records. The site shall include all parcels of land contained within, or a part of an integrated building development. An integrated building development shall include all parcels served by common accessways, driveways, parking and landscaping. Site Street Frontage - The length of lot or parcel of land along or fronting on a street or highway. eci.ai Event Any Cnl�tEz'�l, civic, patriotic, religious, cultural, community, or"po11fcal event taking place on a specific date or dates. Snipe Sian - A temporary sign or poster which is posted, stuck, tacked or affixed to the ground, a tree, post, fence, utility pole, or other surface. Staked Sign - A temporary directional or information sign constructed of cardboard, metal, plastic or wood and attached to a metal or wooden stake. Standard Sign Plans - A comprehensive set of plans and materials required to be submitted before erecting, placing, rebuilding, reconstructing or moving any sign. Storefront Area - The front area of a building in which the primary entrance to a store or business is located. The area is calculated by multiplying the width of the storefront (or tenant space in the case of a multi -tenant building) by the wall height (which includes all vertical surfaces between the 13 Ordinance No. 1077 finished grade and the roof) . See Section 9412 for a display of the storefront area calculation. Super Graphic - A painted design which covers an area of a wall, building facade or other structure. A super graphic is a sign only if it displays or suggests information which identifies or advertises by name or symbol. Supplemental Signs - Signs a''�=--t=--"g special features. services or products ` w � h are ine d enta l to Temporary Sian - Any on-site sign intended to be displayed for a short period of time only, excluding non-commercial signs, special event signs and public information signs as defined herein. Tract Identification Sign - A permanent sign designed to identify a single-family or multi -family residential subdivision or development. Such signs shall be limited to subdivisions containing a minimum of ten (10) units.or ten (10) lots and a minimum total project size of one (1) acre. Unlawful Sign - Same as "Illegal On -Premise Advertising Display/Sign". Under -Canopy Sign or Under Marquee Sign - Same as "Arcade Sign". Use - The purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. 14 Ordinance No. 1077 Vehicle -Mounted Sign - Any sign placed or maintained on a stationary automobile, truck, trailer or any other motor -driven device. Visual Clearance Area - A triangular shaped portion of land established at a street intersection or driveway in which nothing is constructed, placed, planted or allowed to grow in such a manner as to limit or obstruct the visibility of a motorist entering or leaving the intersection or driveway. The visual elearanee area shall be measured frem eaeh side ef- peint and frem the street fae..,.., pi exhibice See Section 9412 ................... ................... ................... ................... ................... ................... Wall Sign - A sign attached parallel to or erected on the fascia, parapet or exterior wall of a building, structure, wall or fence with the exposed face of the sign.. in a line approximately parallel to the plane of the exterior wall. See Section 9412. Width of a Sign - Maximum horizontal dimension of a sign. Window - An opening in a wall surrounded by framework or ::::.:.:::. ..:::: :•: casing and enclosed with transparent material. `3G7i* € Sze e:::: e:::a:l c ate: :::ttzaatr�..... n .. .•. .t.. ::•::•:::::•::::::::::::::::::..:::::::.:::::.:.:::.::::•::.:. .............. ::.... P..:::.:.::•:::::.:::.;•:::.::::.::•::::::::..::::.::::•:::.:::::.:::::::.. i'3£ ::::flit'led:ta::;::eb:l::1:::fie'3�:1ar i;;: :.:.::..::.:::::::..:::::.:::::::::::::::::.:::.:.::.:: •::::::.:::.:::::.:: •:.:.:.::•:.:.:::.:::::.:::::::::..::::::::::::::.::::::.:.:::.::.::.::.::::: . Window Sign - Any sign attached, painted, or pasted, either permanent or temporary, on the interior or exterior of a window and intended to be viewed from the outside. See Section 9412. Wind Sign - Any sign or portion thereof or series of signs, banners, balloons, flags, pennants, spinners, streamers, or other objects designed and fastened in such a manner as to move upon being subjected to pressure by wind or breeze. 9403 SIGN PERMIT REQUIREMENTS A. Permits Required for Permanent Signs A sign permit shall be applied for and received from the Department of Community Development prior to painting, erecting, constructing, altering, rebuilding, replacing or moving any sign including change of copy on cabinet signs except those signs exempted from permit requirements pursuant to this section. As applicable, a 15 Ordinance No. 1077 separate building permit and/or electrical permit may also be required. B. Permits required for Temporary Signs Temporary Sign Permits are required for supplemental signs intended for temporary display. This section shall not authorize signs identified as prohibited by Section 9404 of this Chapter. Additional regulations for temDorary signs are found in Section 9406. ... a. "a"ib "' r.ix ....... In addition to a refundable r: casi and which guarantee's ...... the removal of the temporary display, the following requirements shall apply. Banners a. All banners must be fixed to a building and hung.below a roof eave .................... b. All banners shall be professionally made and constructed of cloth, erm canvas, ITIMM Ur U."I material' .0ver e Banner eelers shall be eempatible with the ...,Jeet where it is installed. No banner may exceed 32 square feet in area ...... tRi" x9n. with a maximum width :': S*: he: .-f:*.*:i: --r. ... .... xx, XX .. .... .... . .... .... . limens-llbn of 6 feet. One display per building or street frontage, ....... or in the case of a multi -tenant building, one display per storefront .-*"*4" ::a*.h----"*'.-.*.-'I"--::,!,::::.::-.* OWWO ..................... .............. ....... ............ ............. Every -hess, Danner shall contain a posting date a* d- the display shall be removed within 30 days of the posting date or the bond is subject to forfeit and the display may be removed by the City. Original grand opening b.0 banners shall be permitted for a period.... to exceed 30 days. Temporary sign permits for grand opening banners are subject to the approval of the Department of Community Development. 16 - Ordinance No. 1077 Special event informations banners for purposes other than grand openings shall be permitted for no more than 30 days and not more than four (4) times in any calendar year nor more than twice in any calendar quarter. 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. Decorative Flags - a. Flags shall be installed on a flag pole device or frame, approved by the Building Official or installed directly upon a building or wall surface but in no case above the roof eave. b. No flag may exceed 6 square feet in area with a maximum pole height of 121. C. Original grand opening flags shall be permitted for a period not to exceed 30 days. Temporary sign permits for grand opening f lags are subject to the approval of the Department of Community Developments d. Not more than 5 flags per site for purposes other than grand openings shall be permitted for 30 days and not more than four ( 4 ) times in any calendar year nor more than twice in any calendar quarter. Display of special event flags stdc1 be for special events ................... only, and not for "6ich­ promotion a national franchise might wish to advertise. Special event flags are subject to the approval of the Department of Community Development. 17 Ordinance No. 1077 Beacons - Beacons used as part of the original grand opening are permitted for a period not to exceed 30 days. Temporary sign permits for grand opening beacons are subject to the approval of the Community Development Department. 18 Ordinance No. 1077 C. Permits Required for Public Events Signs A temporary Sign and Banner Permit is required for banner signs to be posted within the public right-of-way on light— :. v The following regulations shall­•appYy to such• 's"igns : 1. All banners posted on the apprev structures shall advertise events opened fd­ the***pub`l* c' and""sponsored by the City of Tustin. 2. When not in use by the City, bona fide, non-profit agencies located within the ' Tustin a ea may apply for use of the structures :. or the purposes of advertising events open to the general public and held in the City of Tustin. This application shall be made in writing to the Community Development Department and approved by the Director of Community Development. 3. All banners posted on the apprev structures a - o:.: d<?h:: shall be posted for a maximum off.::. 1.4 days.....unless approved by the Director of Community Development and shall be removed no later than 72 hours after the event has occurred. 4. All banners posted on the approved structure must conform with the following design criteria: a. All banners shall be constructed of slitsf or .............. ....... .............. ................ b. All banners shall ou be made professionally and canvas material which has proper wind resistance. Ordinance No. 1077 C. A14 oacx rouna colors �ri�, dll"''copy colors shall be limited to a choice of two 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. 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; f. Any banner for events with corporate -- sponsorship must limit the size of the corporate logo space to no more than 25 percent of the total banner size. 5. The procedures herein contained shall be enforced by the Community Development Department. Any request to vary from these regulations shall be processed in accordance with variance procedures contained in the Tustin Zoning Code. D. Signs Exempt from Sign Permits I Permitted in all Districts The following signs are exempt from the permit requirements of this Chapter, provided that they conform with the standards outlined below and contained in Sections 9406 through 9411. Although the following signs do not require a sign permit, they may require a building c 1 Il ermit . 1. Public signs placed by a governmental body or public utility, including signs required by law, community service signs, public transit signs, safety signs, trespassing signs, danger signs and all signs erected by a public officer in the performance of a public duty. 20 - Ordinance No. 1077 2. Official flags to include Federal, State and Local governmental o ' r anizations ttn ..:::::.:.:::::.::..::.:::::..:::::......... :........................ ::.: However building shall be obtariec for the flag poles, where required by the Uniform Building Code. The flag pole shall meet the setback requirements and shall not exceed the allowable height of the zoning district or 50 feet, whichever is less. 3. Flags identifying the name and/or logo of the business upon the premises. Such flags shall not exceed one (1) in number per site nor more than 10% of the permitted aggregate sign area for the business identified on the flag. Business flags shall be no higher than any State flag and must be lower than the Federal flag if located on the site. The flag pole shall meet the setback requirements and shall not exceed the allowable height of the zoning district or 50 feet, whichever is less. 4. Nameplates less than two (2) square feet in area, displaying only the following: a) name of the - premises upon which it is displayed; b) name of the owner or lessee of the premises; c) occupation of the owner or lessee. 5. Holiday lights and decorations with no commercial message, between November 15 and January 5. 6. Address numbers installed on a building which must be at least six inches in height and in Arabic numerals. 7. Permanent plaques, cornerstones, or building names containing the name of the building and date of erection, or historical designation, provided that these are cut into a masonry surface, or constructed of bronze or other appropriate material of a permanent nature. 8. Advertising and/or incidental signs mounted, painted, attached to, or placed upon windows and intended to be viewed from the exterior, unless prohibited in an approved Master Sign Plan provided that the aggregate area of such signs do not constitute more than 25% of the window area upon which they are placed. 21 Ordinance No. 1077 9. Non -illuminated Rental/Sale/Leasing Signs, as follows: a. In residential zones, not more than one sign per street frontage, with a maximum height of four (4) feet and maximum size of six (6) square feet. Ornamental signs may be a maximum of seven (7) feet high to top of structure, with a maximum of six (6) square feet for sign face. b. In professional districts, not more than one sign per street frontage, with a maximum of ........... X square feet in size and 0 ........................ six (6) - 1* 4 ............. . ......... . .... .. . .... f eur ;*:.:.::.:�i:.:.:.:.::.::.:.:.:.:.:.:.:.:.:.:.:- feet in height. C. In commercial :e A r r r - no more "...n. up i aX:::::'. ..vooxx ar: on' "" "1*g'n****"p"e'ri�' 'e'* ar fronta with a maximum size of twelve (12) X 80: 4:1. A.: square feet d id"..h. -maxi.....bu.. f. t For vacant properties with a minimum of f ive (5) adidig­­in' si"z'&; ...... not more than one sign per street frontage with a maximum of 20 square feet in size and eight (8) feet in height. All such signs shall be installed on private property and only on the premise which the sign advertises. 22 Ordinance No. 1077 10. A permanent, on -premise directional/information sign not exceeding six (6) square feet per face nor four 4 feet ' ( ) et in height , 1 invited to one (1) s icon per a entrance to the site. Itd 11. Temporary off-site directional/information signs may be located in any district, subject to the following provisions: a. The signs shall not exceed three (3) square feet in size and thrPe (-T;- ;< feet in height; .............. b. Signs shall only be used for incidental activities such as providing information regarding lost or found persons, itemspets or directions to garage sales and homes for sale; C. Signs may be located in the public parkway area, between curb line and the sidewalk, subject to the visual clearance requirements. A minimum of 1,250 lineal feet of street frontage shall be provided between signs; d. Signs are not permitted to be attached to any traffic control device, tree, street light or utility pole or placed so as to impede public sidewalks; e. Signs may not advertise any business, service, trade, product, sale or special event, except as identified in Section 9403 D.11.b. f. Signs shall be posted only during the hours between sunrise and sunset. g. Signs posted in violation of these requirements may be removed by the City, subject to theenforcement procedures of Section 9405-fJ}H of this chapter. 23 - Ordinance No. 1077 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 provisions: a. No person shall install or maintain or cause to be installed 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 such a manner as to interfere with, mislead or confuse traffic. b p_eperty er r iglu-ef 3e—street—, island, parkwaylian, t :-.- by 'ren -9 (g)), sidewalk, r a f f , traffie eentrel sign pest, any ether traffi% 24 Ordinance No. 1077 C. 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 obscene, indeeent ^A- � A... era 4.nature er unlawful . d. Signs consisting of any moving, illuminated, swinging, rotating, flashing, blinking, fluctuating or otherwise animated light are prohibited. e. The permission of the property owner is required for signs 1de € on private property. ......:............... ....................... f. Signs shall be limited to :..:. a maximum o 3 2 'square deet and a feet in height above grade. : �:::...... political l i t i c a l.::g o signs are en! ori: z ed " n � �< � parkways (defined as the area between tYie curb line and the private property line), subject to the following restrictions, procedures and conditions: (1.) No more than three political signs shall be permitted in the parkway abutting any one parcel of property. (2.) Signs shall be limited to feur square feet in size and four feet height, above grade. (3.) Signs shall not be attached in any manner so as to impede pedestrian walkways or constitute a hazard to or endanger persons using the sidewalks. (4.) Signs shall not be located in any area which the City Engineer, acting pursuant to generally accepted engineering standards determines that such sign would constitute a safety or traffic hazard. (5.) Any person, party or group posting such signs shall be liable to the City of W1 Ordinance No. 1077 IM F. Tustin, private property owners and the general public for any injury to persons or property resulting from the placement and maintenance of such signs. (6.) Every sign shall contain posting date. an ti a g.. __.._s. a be removed within 90 days: of the posting date. (7.) Every sign shall contain the name, address and phone number of the earl p, written in indelible e ,.cueh S i-ejn.- h. Signs in violation of this Code shall be removed by the City subject to the enforcement procedures of Section 9405-(-g}- of this chapter. i. Any person who intentionally defaces, obliterates, tears down, or destroys any political sign installed in accordance with the provisions of this Code shall be charged pursuant to the General Penalty provisions of this Code. Sian Permit Application Applications for Sign Permits shall be made either by the owner of the property on which the sign is to be located, a licensed contractor or theme authorized anent �� * .- e r r '; on t orms t urn i shed b the ::........:...:.::.:.::..:...:::......:.:::;........::...:::::.: Y Community development bepartment and shall be accompanied by information and fee as required for Standard Sign Plans or Master Sign Plans. Standard Sian Plans All applications for sign permits, shall be accompanied by three sets of a plans drawn to se le and shall include the ..f.o.l1*owrig* 'information: 26 Ordinance No. 1077 1. The name, address, and telephone number both of the owner or persons entitled to possession of the sign and of the sign contractor or erector. 2. The location by street address of the proposed sign. 3. An elevation of the sign showing the dimensions of the sign, the dimensions of the sign's supporting members, the maximum and minimum height of the sign above existing or proposed grade level, sign copy, proposed lettering and background color and lettering style. 4. A fully dimensioned elevation of 'tcl4 the building exterior shewin where h.e proposed location of the sign t <p in relation to the face of the buildirig': 5. A � :1`0.Me. site plan showing the proposed ......................................... location ..of. tfie sign in relation to the boundaries of the lot upon which it is to be situated and any pole or monument signs within 50 feet of the site boundaries anbe:: r.-� ar:ed:::: :n:::<:arr: P... ....................... ....................... 6. Where the sign is to be attached to an existing building, a current color photograph of the face of the building to which the sign is to be attached and color photograph of all existing signs on the building and sign structures labeled to show which signs will be removed and which will remain. 7.Plans indicated the scope and structural deta "�of""the work to be done, including details of all electrical and mechanical connections, guy lines, supports and footing and materials to be used. 8. Means of lighting/illumination along with an electrical permit for all electrical signs. All electrical components for the sign shall be listed and approved by certified testing laboratory. 9. Any other information that the applicant believes to be needed to fully define the sign proposal. 27 Ordinance No. 1077 10. Such other architectural, design, or engineering information as may be required by the �-y t o :..::.a:::>:>::::::.:: �.::;:;::;:::::;::..::� �:� ::: for e s ....... : gn ca : n :: : the pecif is sign proposal. 11. Any required permit and review fees as established by resolution of the City Council. G. Master Sign Plans A Master Sign Plan is required for developments in specific plan, planned development and planned community districts, multi -use sites, multi -tenant centers and mixed use districts in the City. The purpose of a Master Sign Plan is to encourage coordinated and quality sign design (integrated with architectural style of project) on sites where a large number of signs will occur. After approval of a Master Sign Plan, no sign shall be erected, placed, painted or maintained except in conformance with such plan, and such plan may be enforced in the same way as any provision of this ordinance -::::::: : ;::;::. ; :;:;. :.i�k�.::.::::. cain se of any corilict between the provisions of such a plan and this ordinance, the ordinance takes precedence. In addition to all of the requirements for Standard Sign Plans contained in Section 9403 E of this Chapter, the following additional information shall be required for a Master Sign Plan: 1. Plan specifications including the type of texture of materials and colors proposed for the signs and the building facade. 2. A colored elevation of the proposed signs as they would appear on the building facade. 3. Drawings illustrating the lettering styles and sizes proposed and the use of logos, if any. 4. Color photographs of buildings and signs on adjacent sites. 5. Any regulations that are more restrictive than those included in the sign code pertaining to use, location and size of signs. Ordinance No. 1077 H. Review Criteria 1. General Criteria (applicable to all signs) Proposed signs and the materials, size, color, lettering, location and arrangement thereof shall conform to the following criteria: a. Signs shall be consistent throughout the site by incorporating common design elements such as quality of materials, letter style, colors (not more than 3 excluding black and white per individual sign), illumination, sign type or sign shape. b. Signs shall be compatible with, and bear a harmonious relationship to the visual image and architectural design of the buildings they identify in terms of materials, colors, and design motif. C. Signs shall relate to a human scale, and shall -- be directed toward pedestrians as well as motorists. The base and supporting structure of all signs shall be consistent with the size and scale of the advertising surface and sh g�3 • d. Signs shall contain only that information necessary to identify the businesses or uses of the property on which the sign is located and be in compliance with district reQ ulat i ons .a:.:::::f e. Signs shall be appropriately visible, legible, as far as spacing and proportion of letters and details, and shall not dominate the visual quality of the site or obscure from view existing or adjacent signs. f. Signs shall be compatible with the visual characteristics of the development and signs 29 ti Ordinance No. 1077 in the surrounding area and shall not detract from, er eause depreei t i en of the value of adjacent developed properties. g. New signs in existing developments shall be designed in accordance with the established Master Sign Plan for the building or center where the signs are to be located. If a Master Sign Plan does not exist, any new signs shall be designed to be harmonious with other existing signs on the property and/or architectural theme or design features of the building(s) or required by any special criteria pursuant to Section 9403 G.3. h. Freestanding signs may be located in a required yard setback area provided the following criteria are met: (1) Said location is not within a required visual clearance area as defined in Section 9402 of this Chapter, and shown on Section 9412 exhibits. (2) All signs proposed to be located within the Public Safety Area shall be reviewed and approved by the Public Works Department. (3) All such signs shall be located a minimum of 25 feet from an interior side property line or 50 feet from another existing pole or monument sign located on an adjacent site, whichever is less restrictive. (4) In the event of a lighted sign the location will not cause negative light and glare impacts on adjacent sensitive land uses. i. All signs shall conform with provisions contained in Section 9404 of this Chapter and any previously approved Master Sign Plan, on file with the Department of Community Development. 2. Master Sign -Plan Criteria 30 Ordinance No. 1077 In addition to General Criteria listed in Section 9403 G of this Chapter, Master Sign Plans shall be reviewed for conformance with the following criteria: a. Signs shall reflect a common theme, incorporating similes design elements in terms of materials, letter styles, colors, illumination, sign type and sign shape. b. Signs shall utilize materials, colors, and a design motif which are compatible and which reflect the special qualities of the architecture of the buildings on the site in both daytime and nighttime situations. C. For developments with existing signs, the Master Sign Plan shall designate appropriate replacements, if any, which are consistent with the new signage. Where such signs cannot be replaced immediately, a schedule or phasing plan for bringing such signs into conformance with the Master Sign Plan shall be submitted and become part of the approval. A cash bon .g ..-. may ne requirea to guarantee their removal: Bond is returnable upon successful completion of removal. If not removed,, the bond will be forfeited and the sign will be removed by the Citv tis< The sign plan should acknowledge that -tenants desiring signs may not be identified during the building design process or may change over time. Therefore, care should be taken in size and placement to accommodate future changes. d. The Master Sign Plan shall designate a person or firm as the primary liaison with the City for the purpose of requesting approval of the Master Sign Plan and for submitting sign permit requests in conformance with the approved Master Sign Plan. e. The Master Sign Plan submitted by the applicant may establish more restrictive sign standards than those contained in Seetien -4-94D e€ this Chapter. Conversely, a Master 31 Ordinance No. 1077 Sign Plan for a center may deviate from the specific standard for permanent business identification upon submittal and approval of a Conditional Use Permit, provided that the center is a single development project of at least building square feet or five acres in project size. 3. Special Criteria 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 requirements contained in Specific Plans, or planned development or planned community districts. All signs proposed to be located within the public safety area shall also be reviewed and approved by the Public Works Department prior to issuance of any permits. All decisions by the Community Development Department or Planning Commission are final unless appealed in accordance with this Chapter. J. Appeal Procedures 1. When the Community Development Department has the decision-making authority, the decision is appealable eny to the Planning Commission. when >t o t the Planning Commission is t4:te its is appealable to 32 Ordinance No. 1077 the City Council. Any appeal shall be made in writing and delivered to the Department of Community Development no later than 7 calendar days from the date of the decision. 2. All appeals shall be accompanied by a fee set by resolution of the City Council. 3. The Planning Commission or City Council, as applicable, shall set the matter for consideration within 30 days and shall give written notice to the appellant of the time and date set for consideration of the appeal. The Commission or City Council as the final decision making body may affirm, reject or modify a previous decision on the Sign Plan. 9404 SIGN REGULATIONS A. Prohibited Sian Types, Prohibited Materials and Prohibited Locations All signs not expressly permitted under this ordinance are prohibited in the City. Such signs include, but are not limited to the following types, materials and location. 1. Types of Signs Prohibited a. Advertising Bench Signs er Sham -1 te-rr- a.�s -r� Adye�—iss i ren Shall t b painted �. a er ether y plaee d up e n any l^i-,eTl,e seat, er shelter e tr in the pubile right-efway vz......4 any publie safety area: No person shall place within a public right-of-way of any street or in any ether publieublic safety area within the City any bench, seat er shelter except in compl ance with the following conditions: 1. Initially applying for and obtaining a written permit from the City Council. 2. Obtaining the approval of the City Engineer for the design and construction details. 33 - Ordinance No. 1077 Aerial Signs - Signs which are inflatable or are designed to be flown or attached to the round, er- a building,u >her including balloons, strings of :,*:ba,llooris "'*kites 'or``'ot er aerial signs, all of which may or may not include 1 de co e Animated Signs 34 Ordinance No. 1077 &. Audible Signs - Signs containing loudspeakers or emitting sounds. e Beacons - unless approved pursuant to Sections 9403 B or 9404 B of this Chapter. :<.:. Festoons A string of ribbons, M*�* 1i::..i.: :1. tinsel, small flags; p. nwheeJLs' un • ng pennants or like material:: Uranc g Flashing or Moving Signs - Signs that flash, C. -n" blink, oscillate, rotate, glitter, glare or include mechanical moving parts. Obscene Advertising - Signs exhibited, posted or displaying anything of an obscene nature. Off -Premise Signs - Any sign including outdoor advertising structures and billboards installed for the purpose of advertising a business, product, event, person or subject not related to the premises upon which said sign is located, except directional signs. It shall also include any sign maintained upon or affixed to any vehicle or other device which is used primarily to support or display such sign while parked on public or private property, other than for the purposes of making lawful deliveries or sales of merchandise or rendering services from such vehicle. Premise shall mean the building within which a business is located on as it relates to a freestanding sign. Premise is defined as the project site upon which the business is located. On -Premise Advertising Display - Any s > 1 :.. or device ether thar-. in sem. as ..... clefriein Section 9402 of this 35 Ordinance No. 1077 chapter that is intended to advertise specific products of the business or services or goods available. -3� Painted Wall Signs - Sign area painted directly upon the surface of any exterior wall of a building unless approved pursuant to Section 9404 B of this Chapter. r. Portable Signs - Signs not permanently attached to a building or to the ground, such as sandwich boards, A -frames, or signs attached to parked vehicles (excepting auto - for -sale signs) or trailers or other mountings. Anv ? ind s ian that Roof Top Signs - Signs mounted or painted on roofs including mansard roofs unless required by the City Security Ordinance, or the Police or Fire Departments. Service, Product & Pricing Signs - Any sign advertising prod a s—s 'ems,se~�e_ ren a...red `�cfG 3r is or ricin unless ncorporat*ed`*'*'i'h o t .e:`.: business name for the urpose of business licenseslm earn..5peci=ic pricing :.. signs as required" :' state law and permitted in the code are not subject to these limitations. 36 - Ordinance No. 1077 eft. Signs Constituting a Traffic Hazard - Any sign which by color, shape, operation or location resembles or conflicts with any traffic control sign, device, signal or official directional guide sign, or creates a traffic hazard. r- . Snipe Signs - A temporary sign affixed to a tree, fence, utility pole, etc. 4t-. Vehicle Signs - Business signs on or affixed to trucks, automobiles, trailers or other vehicles, used 'ate -s sueh signs while parked on public or private property, eLher pz.:�de..: .. ............... for the purpose of lawfully ` making cleveries or sales of merchandise or rendering services. frem s•uehvehieles. 2. Materials Prohibited a. Non -Durable Signs - Paper, cloth or any matter or material not securely fastened to the surface of a sign or sign structure with the exception of approved temporary signs. 3. Locations Prohibited a. Nuisance to Residents - Sign lighting which is facing onto or visible from residential uses ...........:.::..........::::....::.::.......:.............::::. .:: ::.:. located witYiin 10*O*" ..fee.f".. from such uses,, will require a photometric plan along with sign plans to ensure that the intensity or location does not constitute a nuisance for adjacent residential properties. b. Signs in Proximity to Utility Lines - No permit shall be issued for any sign and no sign shall be constructed or maintained which has less clearance from authorized electrical power lines than that prescribed by the laws of the State of California or rules and regulations promulgated by agencies thereof. C. Visual Clearance Area - No permit shall be issued for any sign and no sign shall be constructed or maintained which is located within the visual clearance area. This area 37 Ordinance No. 1077 d. shall be measured driveway or access street per current diagram in Sectio Clearance Area. from each side of the point to the adjoining City standards. See Section 9412 showing Visual Within Public Right -of -Way.- Ne sign shall be eensy�..�a.,��4�V`�,`.red va aaau.l-itaZz-Ie y. � �� any Graf f e ev,i-rel�t Ge .iceter.ee � street light igfit e. Side Yard Setback Area - A monument sign shall be setback a minimum of 25 feet from side property lines or 50 feet separation from another pole or monument sign located on an adjacent site, whichever is less restrictive. Additional regulations for monument signs are located in Section 9407 through 9411. B. Signs Subject to Conditional Use Permit Approval The following types of signs are permitted only when reviewed by the Planning Commission and where a Conditional Use Permit has been issued in accordance with the Tustin Zoning Code. 1. Changeable Copv Signs ..:.............................................:........ 2. Pole Sign - A11 ole signs g P gt ua:.::: ......................................xb .... :'''................................................................ . € ;; shall require approval of a Cond tonal se...Permit. In addition to findings required to be made on granting of a CUP contained in the Tustin City Code, the following restrictions and criteria shall apply: 38 Ordinance No. 1077 a) Type of business - only center identification signs are permitted to be pole signs. b) Size and scale of project - the center identified by the sign is a single development project of at least 100,000 building square feet or five acres in project size which has a minimum of three or more tenants. C) Design - the pole sign is designed to reflect theme of the center it identifies and incorporates similar design elements, materials, colors and special qualities of the architecture of the building(s) in the center and is compatible with existing or proposed signage in the center. d) Location - the pole sign shall (1) be located within a landscaped area and is limited to one per street frontage, (2) maintain a minimum of 100 lineal feet from any other monument or freestanding sign in the center, and (3) be setback a minimum of 25 feet from interior side property line or maintains a minimum of 50 feet from another pole or freestanding sign located on an adjacent site. e) Height and Size - The sign shall be compatible with the size and scale of the project and shall not exceed 20 feet in height er ac 50 square feet in size. ............................................. 3."itCtg freeway Signs - The purpose of a freeway sign is to provide identification for businesses that provide services to the freeway' motorist. In addition to findings required by the Tustin City Code, the following restrictions and criteria shall apply: a) Type of business - only businesses offering eating facilities, lodging accommodations or automobile services are permitted to have a freeway sign. b) Location of business - only those permitted businesses that are located directly adjacent to the freeway right-of-way,,`JA f:he::r: httwa�r nta: ..:rq&d may e .::.a:. freeway::sign. 39 Ordinance No. 1077 C) Location of sign - the sign may be located in such a manner as to be oriented towards and visible from the closest freeway lanes. In any event, the freeway sign shall maintain a minimum 25' setback from a non -freeway property line or maintain a minimum of 50 feet from another freestanding sign located on an adjacent site. d) Height and size - the sign shall be no higher or larger than necessary to provide identification to freeway motorist. In any event, the freeway sign shall not exceed 24 feet in height er- 50 square feet in size. 4. Painted Wall Signs to include murals or graphics which do not promote.a product or business but which depict a scene or image. 5. Beacons - Any beacon used (other than approved for grand openings) as a searchlight directing light beams into the atmosphere or at one or more points on-site shall require a Conditional Use Permit. 6. A Master Sign Plan requesting deviations from standards contained in this Chapter provided that the project is a center and a single development .................... project of at least , G 9 G3„rQ building square feet or €tee-ne. acresr in project' "size. C. Signs Subject to Planning Commission Review - The following types of signs are permitted only after the Planning Commission has reviewed and approved the Sign Permit application for conformance with the Review Criteria outlined in Section 9403 H: 1.13ight Bulb U ..:.::t�..::.:..:.1 external.:::. dis la stl Or require approval by the Planninq Commission. 40 Ordinance No. 1077 2. Neon/Exposed light when intended as a permanent feature integrated with a building's architectural design. D. Required Signs 1. Construction Signs shall include such information as project name, emergency phone number and contact. All such signs shall be removed prior to approval for occupancy. 2. Address Numbers - As provided for in Sections 4111 and 4112 of the Uniform Building Security Code, street address numbers shall be displayed in a prominent position so that it is easily visible to approaching vehicles. For residential uses, the 41 Ordinance No. 1077 numbers shall be no less than three inches in height and for non-residential uses the numerals shall be no less than six inches in height. In all cases, the numbers shall be of a color contrasting with the background and located so they can be clearly seen and read. E. Gasoline Service Station Sign Standards 1. Pricing signs shall be visible from the street or highway adjacent to the sign, and when situated at an intersection, the sign shall be visible from each street. 2. The number of signs, sign area, location, height and type of signage shall conform to the Individual Business Identification sign criteria. 3. Pricing signs shall be incorporated with the Service Station Business Identification Monument sign. 4. Gasoline pump information signs shall be attached to pump islands and limited to two per island column elevation. No products, logos or business identification shall be included. F. Permitted Signs by Zoning District and Use - All signs shall be governed by the limits set forth in the Sign Regulations Chart, attached to this Chapter as Section 9406 through 9411 and incorporated herein by reference except if addressed elsewhere in this chapter. Signs not expressly authorized elsewhere in this Chapter or on the sign standard charts shall be considered unauthorized. The Sign Chart lists the maximums permitted for number, area and height of allowed signs along with other standards. G. Maintenance/Removal of Unsafe or Obsolete Signs The Department of Community Development shall have the authority to order the painting, repair, alteration or removal of a sign, pursuant to the Uniform Code for Abatement of Substandard Buildings, Uniform Sign Code and Uniform Building Code which constitutes a hazard or is a nuisance to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. Where 4: is r quired and said sign is subjeet te the 42 Ordinance No. 1077 purpeses, Seetien 9405(H) shall.apply. As it pertains all , Failure to complete the maintenance or remove the sign after written notice of violation to the sign owner pursuant to Section 9 4 0 5-(j ) shall subject the sign owner to penalties for violations under the enforcement and cost recovery provisions of Section 9405+9+ of this Chapter. H. Maintenance and Construction Requirements 1. All signs and their supporting structures shall be enclosed, structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Codes, as locally amended. 2. All repairs to signs shall be at least equal in quality and design to the original.signs. 3. All signs and their supporting structures shall be composed of wood, metal, plastic, paint or comparable weather -resistant material complementary to the building materials of the site on which they are placed. All cabinets, conductors, transformers or other equipment shall be concealed from public view. 4. Every sign erected which is subject to a permit shall have its sign permit number, name of erector, installation year, and voltage (if electrical) in a readily visible location. 5. All illuminated signs shall be designed, placed or arranged to prevent glare upon the public right-of-way, adjacent properties, and traffic circulation areas of the subject property and shall not create a menace to traffic or a nuisance to adjacent property. 6. All areas where wall signs are removed and background discoloration or holes remain shall be appropriately patched and painted to match the building surface within 4rG days of removal of said sign. 9405 ADMINISTRATION AND ENFORCEMENT A. Responsibility 43 Ordinance No. 1077 The Department of Community Development shall be responsible for the administration and enforcement of the provisions of this Chapter. B. Interpretations If any ambiguity arises concerning the appropriate application of the Sign Code, the Director of Community Development shall make the final decision as to the application of this Sign Code. In making this determination, the Director shall consider (but not be limited to) the following items: 1. Prior administrative interpretation of similar provisions of the Sign Code. 2. The general intent and purpose of similar provisions in the Sign Code. 3. The general intent and purpose of the Sign Code. 4. The intent and purpose of the zone classification of the property involved. 5. The provisions of the General Plan. 6. Any other applicable codes or requirements, legally permitted precedents or other relevant information applicable to the application. Any decisions of the Director of Community Development may be appealed to the Planning Commission pursuant to the appeals procedure in this Chapter. 44 Ordinance No. 1077 is Conditional Use Permits (CUP) An application for a Conditional Use Permit for a sign designated in Section 9404 B of this Chapter shall be processed in accordance with Conditional Use Permit procedures contained in the Tustin Zoning Code. Appeal procedures for Conditional Use Permits shall also be governed by applicable sections of the Tustin Zoning Code. E. Non -conforming Signs A legally established, non -conforming sign lawfully in existence prior to the adoption date of this ordinance may remains be maintained, but shall }�i���<_ 45 Ordinance No. 1077 conform to all provisions of this Chapter if Ap d±ti % any of the fol lowing events ��� occur 1. ><7M; :.rlm.x�.::.::.::.: :::::::spa:l::::rla:::b changed to another non -conforming sign. 2. ti:.::::; ; .::. ::::: structura 11 altered :..:..so:::as...:::to.:.: extend i:ts useful ` life. 3.gd`nj. s:. n� expanded or altered*:so as to change the size, shape, position, location or method of illumination of the sign. 4.at:3re established after discontinuance of the use f or ninety (90 ) davsM. or more. 5. i re-established after damage or destruction of "more than fifty (50 ) percent of its replacement value 'y. ;.. :.:::.::.::::.:::.:..:.::.:.::..::.:.::.:>::.::.>::::.:::.:: F. Abandoned Signs and Advertising Displays Lawfully erected signs or advertising displays pertaining to activities or occupants that are no longer using a property shall be removed from the premises, or sign copy on such signs shall be removed and covered over, within 46 - Ordinance No. 1077 ninety (90) days after the associated enterprise or occupant has vacated the remises . .. 3:: r < 3 3 ei .........................................:.....................................:.::::::.:::;..:::._:::::.:::::::::::::.:.:..::....::............:. jj +iii.7't::Ta::Qr:::::::::i:1.�Pwr4i::::A:Aaiit�i:i:i.j :::.P:::..::.:::::::.::::.:::.::::..::::.:::::.::::::::::.::....::::::::::::.::::::::::::::::::::.:::..::.::..... ............................................. . . .:<:.: : ... ' .::::::..:.:::: :.:; . ' '...: ::;.:::: : •: ':> ::::daSuch remova l shall be ri accordance with proper health and safety requirements. 11-i "splays er 9.95 H) shall apply—. All ether signs not removed within the required 94 # day period, shall be in violation of the Code and owners of the sign and owners of the property shall be subject to penalties for violations under the Enforcement and Penalties provisions of this Chapter. r VIM 2- z z 47 Ordinance No. 1077 business leeated. ' the fel l A,_,; I. eertifieatien eerree to 2. number ef 3. size z i -tears S. Address leeatien 6. Knewled a permits permitswhen Anoda;t; :1 t-01 Sald inventerysaa..aii v,-,. that infermatien 7_,.,A,_,l ,..a,..A best signs f er said Bins ef eaeh ef the of any -permits, A Y ; Y1 T Ate= ; An.,l TAA•�_.. business 91 eepi A M Y n IS es of A M a Y a; M M 741,Aunt G��-reil �Y V�FMa•.FFV• A, TAT Within Sixty (69) days /\AM\,4\AM11A a�atA4Y\A,�,+' shall pre-existing illegal si:gns. ennt pewers �.TTlSi as may said i MTAr ,1t; after the /� AT the and abandened The Gity shall + � eq ' required An six identified aAMt7 en he i A4Y Y A d rAY (6) me T1_d VA.--AL%..&se have the ey l AT these signs ns pur- an C-har ; M�T AY„ ; sign � ^ M if l • er 7 T all hal, businesssign shall t A 9495 N T er � t ; AY, ; s � A ,i, are netidentified,, be netsubmitted 1 3 V {� a7 T 7 T 1 Ad MYY\ ; t e �.iJ�/ill 1 V Vy\.� these to �A illegal, unless legality ean be validated inf eryfiatlen by reeerds en signage in 2. Abatement tom*- ..,,,a ''Tat-leiing abandened en signs: a. The Gity Geuneil may as 1' ,,; C es advertising its- uris ie ; AM . der e f , , ' erti..r-the ,..,, ; ,.. 3aiF' Pr9; du s f e declare _ by and abate all displays leeated he resel a ex i StSby ej -illegal erATM-leiter l i -a l utie i:y i fteits and Agal ems— with' shaI4 $ - --let- rtj Ordinance No. 1077 Gity Geun .; ,/ theCity e1 .7 es = ^ mail net less Glerk shall thaTr-.-a 9:9 send days by written the describe pre ertu equalized assessment date the Is prepared, be pested !9 days 1'r7assessed rel l available X36t��shall rier t e t ti, a en hearing. the last ..1T—+�sti'r2 .., TI netiee shall sitate ef the •hearing and the a^: a d- generally deseribe nd—gee the illegality o f the display-. I. After adeptien ,A�f,Teree ent eTf the display exists—. ef the reselutien,, 7 eer sti''1ZAl S— a the. net Lees Net i ee is hereby given day ef Gi to r-lqllaaai� of thA illegal ..evera. ; sing display that / �`i to of is en the / the Tti^t i n l ee.,tea eenstitutes a pHb1 ie n '_ abated by the 1 display. Otherwise, it +. i.. a abated and ,a w ' .a • and display � ���T iizv Y �r R'�rCl^ upen the preperty R/1T'efe enee hereby resellutien fer further - ,..,., .,,,,a ef the will be b e `. _ i l 1 ,., sit until made ,,..rti_ul_a must be illegal rAT eyed l t y • The „G Cite --a paid.lien to the s. —A 49 Ordinance No. 1077 All preperty ewnerS having any display are hereby net-ified te attend a . when their ebjeetiens will be heard and n due eensiderati- 49— At the time stated in the netiees, the A advertising d •ertisiITQCdisplay. i.moily• The dee=ien ef the Gity Geuneil is final. Tom' ebb eek-� wr J have net been made --after the �C i t j -G ne i t has d i=peSedea th e s w made, � �- shall l l .a w r the 1 A,.. � A 1r. /1 w,,, w Y1 � 7 t7 w ,r+ � w abate r1 T w � � w 41, , 1S. •� �.. A w err zt ef=iee —�- a--- -- a n--------- - displayby having the remeved. The 1 svaa • • in any ed, ease the in. whieh Gi- y Geuneil, an er-der te abate speelal assessment—and may furthe. et. -ler that a —lien shall � limited . / . te the nTts ineurred bythe r- -r -- -1 I / ' 1 n ,., f e r. t i w ,.. ter. I e m e v a l _ ra p w w r�. I / elerieal, and ether related eests. 50 Ordinance No. 1077 pested fer at least three days, prier te its -s ssien te-the Gi-ty Geune-}ir At the time fixed fer reeei ing and shall hart with any e b j e e t i e n s -ori is L repe tyA'�IT nersTiabI A t A be ^ sse✓!1 Aa T AY the- a-te,.,A,.,+.. it ay -m d fy the lr epert abatement. 1 1 r if it is deemed neeessary. The GAy. RTIGT.-.JiZRZTChen- eenfirm the reperr'... by 1MAt 1 WAAAM AY YAsA111t 1 eM G. Abatement of Illegal Signs in Public Right -of -Way Any sign installed or placed illegally on public property or easements, except in conformance with requirements of this Chapter, shall be forfeited to the public and subject to confiscation. In addition to other remedies, the City shall have the right to recover from owner the full costs of removal and disposal of the sign. An account of all costs for confiscation, removal and/or disposal shall be maintained by the Community Development Department. A noticed public hearing before the City Council shall be scheduled and said notice shall be served on the sign owner. At the hearing an itemized report showing all costs shall be presented to the Council. The City Council may make revisions, corrections or modifications to the report. The report, together with the charges, shall be confirmed or rejected. The total costs of abatement including all administrative costs shall constitute a special assessment against the sign owner. H. Enforcement, Legal Procedures, and Penalties Enforcement, legal procedures and penalties all with recovery costs shall be in accordance with the following provisions and any provisions of state law as may be amended from time to time. 51 Ordinance No. 1077 a. Notice of Violation - Where it is determined that a sign has been erected or installed in violation of this Chapter, improperly maintained, the permit has terminated or been revoked or is otherwise in violation of this Chapter, written notice of this determination and the grounds therefore shall be sent or delivered to the owner of the sign or, where ownership is not known, to the owner of the property where the sign is posted. If the notice cannot be sent or delivered to the owner of the sign, then the notice shall be attached to the sign. The notice shall give the owner 4-6 tl days to remove the sign or to appeal the determination and shall include instructions for how such appeal may be made. b. Appeal - .To appeal the. determination, the sign owner or permittee shall file a written request along with appeal fees with the Community Development Department. A hearing notice setting forth the time and place of said hearing before the Board of Appeals shall be sent to the sign owner or permittee. The Board of Appeals as provided for in the Uniform Building Code shall be empowered to make decisions on the determination and shall be final, unless further appealed in writing to the City Council within 7 days of the Board of Appeals action. The sign owner or permittee shall, within 7 days, following the finality of the determination and order of the Board of Appeals, or the City Council if appealed commence the repairs or improvements or removal ordered, and such work shall be completed within 90 days from the commencement thereof. C. Removal - If no response is made to the Notice of Violation the sign may be removed by the City. The sign will be stored by the City for a period of up to 30 days and may be reclaimed by the owner after the payment of all removal and storage costs. ra iI1e:;:: eY:td: ... aN n ua:a u ee nt:r:o d:: #x I f the sign is not reclaimed within such;.: time, it may be destroyed +i>4 by the City. The M Ordinance No. 1077 owner's right to reclaim the sign upon payment of costs shall be set forth in the Notice of Violation. In the event the owner does not reclaim the sign, cost recovery can be enforced by the City through the cost recovery mechanism identified in Section 9405 H.l.f of this Chapter. d. Removal without notice of nominal value signs - Notwithstanding any other provision herein to the contrary, signs in the public right-of- way or easements excepting approved political signs, determined ,.. LL unframed, may be detefid by the Bireeter orf a7nd if posted in clear disregard of the provisions of this chapter, may be removed and destroved without notice or hearing.g e. Civil and Legal Procedures - Notwithstanding the enforcement tools described in this Chapter, the City may concurrently utilize all available criminal and legal penalties available to it including infraction and misdemeanor citation provisions contained in Section 1121 of the Tustin City Code. f. Cost Recovery - The City shall have the right to recover from the sign owner the full costs of legal remedies, confiscation and disposal of said sign. An account of all costs for confiscation, removal and/or disposal shall be maintained by the Community Development Department. A noticed public hearing before the City Council shall be scheduled and said notice shall be served on the sign owner and/or property owner. At the hearing an itemized report showing all costs shall be presented to the Council. The City Council may make revisions, corrections, or modifications to the report. The report, together with the charges, shall be confirmed 53 Ordinance No. 1077 or rejected. The total costs of abatement including all administrative costs shall constitute a special assessment against the sign owner and/or property owner. 54 Ordinance No. 1077 55 Ordinance No. 1077 I. Compliance with State and Federal Regulations Nothing contained in this Chapter shall be construed as permitting signs which violate State or Federal law, or as eliminating the necessity of full compliance with all such laws affecting erection or maintenance of signs. J. Severability All of the provisions of this Chapter shall be construed together in order to accomplish the purpose of these regulations. If any provision of this Chapter is held by 56 Ordinance No. 1077 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 Chapter shall continue to be fully effective. 9406 -9411 CHARTS The following charts provide general regulations for signs defined in Section 9402. The regulations also serve as guidelines for sign programs and zoning districts. Each class of sign has specific regulations designed for a particular use of the sign. These regulations are provided in a matrix format which identifies class of signs, type of signs, sign area, quantity, height, location, illumination and permit requirements. Additional sign regulations are contained in Section 9403 and 9404. 9412 GRAPHICS The following graphics illustrate various types of signs, building frontage and sign area calculations. 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D W _ Z �:Ch d fA d CA d N d Cie r r a W " oc " o c N d C O C O p ). C 4.0 O = L C — O C O to C o_ 0 0 io 7 t eo N e6 N CO 'p go >. N L U d... w u> i L C.— . •? N- C N v-. co O C.) C .. •- d QJ d L C 70 m ,d � i Co o Q •0 to c 0 &.+ N O c N w 0 C m d N G d d 0 a L a L 2 N U y O C v a� c c CD a O N d 0- a - ca aca 0 N a • N V a.� O C N IV O C 20 - CL a c K 0 d d 0 IV L- 41 N U L N �O �p 0 C O -.— —� C N . C eo eo N O C +r �+ •'� E C C •N Q � N � N d S o, a �O ection No.94 ; 2 Sign Area Measurements Definition of Sign Area Measurement by Sign Type: Width x Height -Sign Area Rectangular Signs Wal! or Freestanding Canister Signs Sign Copy OTHER .* SHAPES Width { r a CD 2 r t CD _ m a = Width Width Window Signs Width Attached Signs Channel Letter Signs S -i �z —o- i I 1 1 z i-- 1 1 1------• 1 1 1 I Wk idih Widih I a CD 91-1 Building Frontage Calculations Width A Width B Store A = Height A x Width A StoreB = Height B x Width B GUIDELINES FOR DETERMINING SIGN LOCATION VISUAL CLEARANCE A"ND PUBLIC SAFETY AREA Visual Clearance -Area to _ Remain Clear Stfeet Public Right -Of -Way .C--Curbline • Sidewalk 1.--2 5....� m. _ — - T•.. .• 10, 0 , - . - a .. - • , = : • Driveway ' • 2 5 or Alley - •' • ' 0 (D 1 • CD J Min.20' wide • • Q Public Safety Area - j - 1� CD CD c►!- ---- Grade Projecting Sign d— Building Line ............. ........ Sign Area -�— Projecling Sign Types of Signs' L m E 0 E X �.... Grade Sign Area Construction Sign Clnn Aran Rendering Oplional see Restrictions in. Sections 9403-9411 Ceantinn nln Qd 19 Types of Signs see Restrictions Arcade .Section in Sections 9403-9411 rd Canopy Sign et;,tiort No_9412 Types of Signs Wall Sign (Channel Letters) Facade Marquee Window Sign "-Roof Signs Parapet Nindow Sign Plaque Projecting Sign see Restrictions in Se tions 9403-9411 1 2 3 4 5' 6 7 8 9 10 11 12 13 I'I 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 91-02 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. The request to approve Code Amendment 91-02 is considered a "project" pursuant to the terms of the California Environmental Quality Act. B. A Negative Declaration has been prepared for this project and has been available for public review. C. Whereby, the Planning Commission and City Council of the City of Tustin has considered evidence presented by the Department of Community Development and other interested parties with respect to the subject Negative Declaration. D. The City Council has evaluated the proposed final Negative Declaration and determined it to be adequate and certifies the final Negative Declaration. II. A Final Negative Declaration has been completed in compliance with CEQA and State guidelines. The City Council has received and considered the information contained in the Negative Declaration and have found that it adequately discussed the environmental effects of the proposed project. On the basis of the initial study, the City Council has found that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and therefore makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 91-126 Page 2 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 7th day of October, 1991. Charles E. Puckett, Mayor Mary E. Wynn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 91-126 MARY E . WYNN, City Clerk and ex -of f icio 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 Resolution No. 91-126 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 7th day of October, 1991, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk SP:kd\91-1'26.res NEGATIVE DECLARATION CITY OF TUSTI N 300 CENTENNIAL WAY, TUSTIN, CA. 92680 Project Title: Code Amendment 91-02 File No. Project Location: Not applicable Project Description: An amendment to,the Tustin Municipal Code to establish new procedures and regulation for signs Project Proponent: City of Tustin Contact Person: Sara Pashalides Telephone:544-8890 Ext. 274 The Community Development Department has% conducted an initial study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby find: That there is no substantial evidence that the project may have a significant effect on the environment. aThat potential significant affects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of this Negative Declaration. Therefore, the preparation of an Environmental Impact Report is not required. The initial study which provides the basis for this determination is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of a Negative Declaration and extends for seven calendar days. Upon review by the Community Development Director., this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:30 p.m. on DATED: August 26, 1991 September 23, 1991 Community Development ector CITY OF TUSTIN \ Community Development Department ENVIRONMENTAL INITIAL STUDY FORM I. Background. 1. Name of Proponent City of Tustin II. 2. Address and Phone Number of Proponent Community Development Department, 15222 Del Amo Avenue Tustin, CA 92680 (714)544-8890 3. Date of Checklist Submitted August *26, 1991 4. Agency Requiring Checklist Community Development Department 5. Name of Proposal, if applicable Code Amendment 91-02 Environmental Impacts (Explanations of all "yes" and "maybe" answers are,required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X C. Change in topography or ground surface relief features? X d. The destruction, covering or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any ban, inlet or lake? X Yes Maybe No g. Exposure of people or property to . geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? X 2. Air. Will the proposal result in: a. Substantial air emission or deterioration of ambient air quality? X b. The creation of objectionable odors? X C. Alteration of air movement, moisture, or tem;�eratures, or any change in climate, either locally or regionally? X 3., Water. Will the proposal result in: a. Changes in currents,,or the course of direction of water movements, in either marine or .fresh water? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X C. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or - turbidity? X f. Alteration of the direction or rate of flow of ground waters? X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X 4. 5. MF 7. Yes Maybe No i. Exposure of people or property to water related hazards such as flooding or tidal waves? Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants) ? b. Reduction of the numbers of any unique, rare or endangered species of plants? C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop?. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of .animals? d. Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? Light and Glare. Will the proposal produce new light or glare? X X X X no X X X X X X X Yes Maybe No 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. Natural Resources. Will the proposal result -in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset _conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? x X X X X X X 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? X C. Substantial impact upon existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and/or goods? X Yes Maybe No e. Alterations to waterborne, rail or air traffic? x f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? x 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? x b. Police protection? x C. Schools? x d. Parks or other recreational facilities? x e.` Maintenance of public facilities, including roads? x f. Other governmental services? x 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? x b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? x 16. Utilities. Will the proposal result in a need for new systems, or substantial - alterations to the following utilities: a. Power or natural gas? x b. communications systems? x C. Water? X d. Sewer or septic tanks? X e. Storm water drainage? x f. Solid waste and disposal? x Yes Maybe No 17. Human Health Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? X 18. solid Waste. Will the proposal create additional solid waste requiring disposal by the City? X 19. Aesthetics.' Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to'public view? X 20. Recreation. Will the proposal result in an impact upon the quality .or quantity of existing recreational opportunities? X 21. Cultural Resources a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? X b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X Yes Maybe No 22. Mandatory Findings of significance. a. Does the project have the potential to degrade the quality of the environment substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the -future). X C. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) x d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X III. Discussion of Environmental Evaluation IV. Determination (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measure described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. L'-.� C,-/ Date Signa t e DISCUSSION OF ENVIRONMENTAL EVALUATION FOR CODE AMENDMENT 91-02 (SIGN CODE) The City of Tustin proposes to repeal Chapter 4 of Article 9 of the Tustin Municipal Code in its entirety and to establish new provisions and regulations for signs. Many of the provisions of the existing code have not changed, but rather have been reorganized into a more readable format. The proposed sign code more clearly identifies the permit requirements, design criteria, review process and sign regulations so that it is easier for the public and staff to understand. In addition, the revised sign code includes regulations that will encourage signs that promote community identity and effective business identification. The specific objectives of the revised sign code are to: enhance the City's appearance by avoiding sign clutter; encourage sign compatibility; regulate the number and size of signs; control sign proliferation; maintain effectiveness and visibility of business signs; and eliminate unsafe signs. Some ,of the specific sign regulations have been modified to more closely meet the above stated objectives. 1. EARTH The code amendment will not result in any change to the existing earth conditions and topographic features of the site since the amendment involves a clarification of procedures and a change in requirements for signs. Therefore, no additional movement of earth that would result in unstable conditions, changes in topography, any increase in erosion or exposure to any geological hazard will occur. Source: City of Tustin Municipal Code Mitiaation/Monitoring Required: None required 2. AIR This project will not result in any degradation to the existing air quality based on review of AQMD standards for preparing EIR's. Source: AQMD Standards Mitigation/Monitoring Required: None required. 3. WATER The code amendment will not result in any changes to any existing water conditions since this amendment only involves a change in procedures and regulations for signs. Source: City of Tustin Municipal Code Mitigation/Monitoring Required: None required 4. PLANT LIFE The code amendment will not result in any change to the existing plant life as the amendment only involves a change in procedures and regulations for signs. Source: City of Tustin Municipal Code Mitigation/Monitoring: None required 5. ANIMAL LIFE The code amendment will not "result in any change to the existing animal life since the amendment is only a change in procedures and regulations for signs. No development is proposed as part of this project. Source: , City of Tustin Municipal Code MitigationJMonitoring Required: None required 6. NOISE The code amendment will not result in any change to the existing noise levels since this amendment proposes a change in procedures and regulations for signs. Source: City of Tustin Municipal Code MitigationjMonitorinq Required: None required 7. LIGHT AND GLARE The code amendment may result in a reduction to existing light and glare levels since the proposed amendment involves new limitations on sign lighting near residential properties. This will have a positive impact to the City. Source: City of Tustin Municipal Code Mitigation/Monitoring Reguired: None required 8. LAND USE The code amendment will not result in any change to the land use designation of the City of Tustin Zoning Code or General Plan. Source: City of Tustin Municipal Code MitigationfMonitoring Required: None required 9. NATURAL RESOURCES The code amendment will not require significant quantities of natural resources or non-renewable resources since this involves a change in procedures and regulations of signs within the City. Source: City of Tustin Municipal Code Mitigation/Monitoring Required: None required 10. RISK OF UPSET The code amendment will not increase the risk of upset to the City as it i'�ivolves a change in City procedures and requirements for signs. Source: Community Development Department City of Tustin Municipal Code Mitigation/Monitoring Required: None required 11. POPULATION The proposed code amendment will not increase or decrease the population of the City, Source: Community Development Department MitigationJMonitoring Required: None required 12. HOUSING The proposed code amendment will not create a need for additional housing since it relates to a change in procedures and requirements for signs. Source: Community Development Department MitigationJMonitorinq Required: None required 13. TRANSPORTATION/CIRCULATION The code amendment will not generate additional demand nor will it have substantial impact on the existing transportation systems. Source: Community Development Department Public Works Department Mitigation/Monitoring Required: None required 14. PUBLIC_SERVICES The code amendment will not have an effect upon or result in an increase demand for or alter any public services. Source: Community Development Department Fire Department Police Department Public Works Department Mitigationimonitoring Required: None required 15. ENERGY The code amendment will not result in any change in the use of energy as the amendment involves a change in procedures and requirements for signs. Source: Community Development Department Public Works Department MitiaationiMonitorinq Required: None required 16. UTILITIES The code amendment will not result in a need for new systems or substantial alteration to utilities such as natural power or gas, communications, water, sewer, storm drainage or solid waste disposal. Source: Community Development Department Public Works Department Mitigation/Monitoring Required: None required 17. HUMAN HEALTH The code amendment will not create any new health hazard. Source: Community development Department Fire Department Police Department Public Works.Department MitigationfMonitoring Required: None required 18. SOLID WASTE The code amendment will not create any additional solid waste disposal requirements. Source: Community development Department MitigationIMonitoring Required: None required 19. AESTHETICS' The code amendment will result in an improvement to the aesthetics of the area since the code encourages sign compatibility, limits sign clutter, requires Master Sign Plans for large developments and multi -tenant sites and encourages designs consistent with the building's architectural design. Source: City of Tustin Municipal Code City of Tustin General Plan MitigationfMonitoring Required: None required 20. RECREATION ' The code amendment will not create a need for additional recreational services nor impact the existing services. Source: City of Tustin Municipal Code City of Tustin General Plan Mitigation/Monitoring Required: None required 21. CULTURAL RESOURCES - The code amendment may enhance existing cultural resources since the proposed regulations encourage signs to be compatible with the architectural design of the building. Source: City of Tustin General Plan MitigationJMonitorinq Required: None required 22. MANDATORY FINDINGS Based upon the responses to Questions 1 through 21 in this initial study, the code amendment will not result in any adverse environmental impacts. As stated previously, this amendment proposes to change the provisions, procedures and regulations for signs within the City. Source: All sources listed in Questions 1 through 21 of this study City of Tustin Municipal Code City of Tustin General Plan MitigationJMonitorinq Required: None required SP:kd\envirevt.nts ORDINANCE NO. 1077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING SPECIFIED SECTIONS OF ARTICLE 9 OF THE TUSTIN CITY CODE AS THEY RELATE TO SIGN REGULATION The City Council of the City of Tustin does hereby ordain as follows: Section 1: Chapter 4 of Article 9 of the Tustin City Code is hereby repealed in its entirety and a new Chapter 4 entitled Sign Regulations is hereby added to read as follows: CHAPTER 4 SIGN REGULATIONS 9401 PURPOSE The purpose of this Chapter is to promote community identity and effective business identification through the regulation and design of signs and sign structures within the City of Tustin. Because signs and graphics are an essential element of our community, their location, number, size and design have a significant influence upon the community's visual and economic environment. The regulation thereof is considered necessary to promote and protect the public health, safety and welfare through consideration of safety and the aesthetics of any signs and graphics to be installed within the City. This Chapter provides requirements for the location, regulation, maintenance and design of signs that meet the following objectives: A. Maintain and enhance the quality of the City's appearance by avoiding sign clutter and encouraging the coordination of signs on multi -use or multi -tenant sites. B. To ensure that signs are compatible in design, type and color with their surroundings and the community as a whole. C. Regulate the number and size of signs according to standards consistent with the type of establishment in each zoning district which are appropriate to the type of activity to which they pertain or the business which they identify. Ordinance No. 1077 D. Limit off -premise signs in order to control sign proliferation, protect the aesthetic goals of the City and maintain the visibility and effectiveness of on -premise signs. E. Provide each sign user an opportunity for effective identification while at the same time limiting the number and area of signs permitted on a site. F. Ensure that all signs are inherently safe and do not pose a hazard to pedestrian or vehicular traffic or property, and to allow security surveillance by regulating view obscuring displays on businesses. 9402 DEFINITIONS The following terms as used in this Chapter shall have the respective meanings as set forth except when the context clearly indicates otherwise. A supplemental graphic presentation of certain definitions is provided as information and is included as Section 9412. Abandoned Sign - A sign which no longer identifies or advertises a bona fide business, lessor, service owner, product, or activity, and/or for which no legal owner can be found. Act of God - A natural occurrence such as wind, rain, flood, fire or earthquake. Aerial Sian - A sign which is inflatable or designed to be flown or attached to the ground, building, structure or other object, which may or may not include copy. Aggregate Area - The combined permitted sign sizes of all signs on any one lot, site, building, structure or other premises, excluding temporary signs, non-commercial signs, special event signs, public information signs and traffic signs. Alter - To change color (other than copy color), size, shape, position, location, or method of illumination of a sign. This shall not include replacement of face copy on cabinet type signs. Animated or Flashing Signs - Any advertising sign or structure located outside of a building or within 12" of the inside of a window which has any visible moving part, visible revolving -- parts or visible movement achieved by electrical, electronic, 61 Ordinance No. 1077 or kinetic means, including intermittent electrical pulsations or by action of normal wind currents. Arcade - A covered passageway projecting from the exterior wall of a building and supported by posts or columns attached to the ground. Arcade Sign - Signs projecting beneath or on the underside of any structural overhang or passageway and perpendicular to the front building facade. See Section 9412. Area - (See Sign, area of) Attached Sign - Any sign permanently aff ixed to a building or affixed to the external surface of a building (including wall signs) . Attraction Board - A changeable copy sign. Automobile Service Business - A business whose primary purpose is gasoline sales, ancillary uses may include auto repair, tire sales and auto supply sales. Awning - A roof like structure extending over a door, window or all or any portion of a building wall and projecting from and supported by the exterior wall of a building. See Section 9412. Awning Sign - A sign painted on, printed on or attached to the front surface of an awning. Balloons - A sphere of nonporous material filled with air or gas. Banner Sian - A temporary sign made of fabric or any nonrigid material with no enclosing framework. Beacon - Any stationary or -moving light source or light with one or more beams that rotate or move located outside of or inside a building, or within 3 feet of a window and flashing with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source. Bench Sign - Any sign which is placed or erected on a stationary seat or bench. Billboard or Outdoor Advertising Sign and/or Structure - A sign or structure of any kind or character erected and/or 3 Ordinance No. 1077 maintained for advertising a business, activity, service or product not sold or produced on the premises upon which the sign is placed. Board of Appeals - Pursuant to the Uniform Administrative Code, the Planning Commission of the City of Tustin shall act as the Board of Appeals. Building - Any structure used or intended for supporting or sheltering any use or occupancy. Building Frontage - See "Frontage, Building" Bulletin Board - A kiosk or wall sign structure located out-of-doors which displays small signs consisting of the name, title, announcements, or other pertinent information. Bunting - A type of fabric used for banners, flags or pennants, whether or not containing a message. Business Identification Sign - A sign which serves to identify only the name, address, and lawful use of the premises upon - which it is located and shall not include the listing of pricing information or specific brand names unless the pricing or brand name is incorporated into the name of the business or is a trademark or company name symbol identifying the business or activity provided as in the case of a logo. Said signage is not intended as an advertising device. Identification of product, trade and service information is permitted, and is considered supplemental provided it is subordinate to business identification. Supplemental signs shall be considered subordinate if no more than 25% of the total allowable sign area is used for this purpose. Business, Individual - A single commercial enterprise which is physically separate from and does not relate to any other commercial business, and is not a part of a shopping center. Cabinet Sign (Canned SignZ - A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated. Canopy - Same as "awning". Canopy Sign - Same as "awning sign". Center Identification Sign - A sign identifying the name of a center or complex. 4 Ordinance No. 1077 Center means: Center, Commercial Shopping - A group of three or more retail or service stores, plus any related service facilities utilizing common facilities including off street parking, access and landscaping. It does not have to be under single ownership. Center, Industrial - A group of three or more businesses utilizing common facilities including off street parking, access and landscaping, which is neither primarily nor functionally designed for retail trade. It does not have to be under single ownership. Center, Professional - A group of three or more professional offices (as defined by Section 9297 of the Zoning Code) within one building or several buildings sharing common facilities including off-street parking, access and landscaping. It does not have to be under single ownership. Changeable Copy Sign (Automatic) - A sign on which the copy changes automatically through mechanical means, electrical or electronic time or temperature controls. Changeable Copy Sian (Manual) - A sign on which copy (individual lettering) is changed manually in the field, such as readerboards. Clearance, vertical - The vertical distance between grade and the lowest part of any sign, including framework or embellishments. Channel Letters - Individual letters or figures, illuminated or non -illuminated, affixed to a building or freestanding sign structure. Construction Sign - A temporary sign identifying project name, street address, emergency phone number and name of person to contact. See Section 9412. Copy - Any words, letters, numbers, figures, designs or other symbolic representations illuminated or non -illuminated incorporated into a sign. DirectionallInformation Sign, Permanent - An on -premise sign giving directions, instructions, or facility information such as parking locations, exits, entrances, time and temperature. 5 Ordinance No. 1077 Such signs may not contain the name or logo of an establishment or information of a commercial nature. Directional/Information Sian, Temporary - A temporary small off-site, staked sign identifying something incidental, including but not limited to lost or found pets or providing directions to garage sales or homes for sale. Double -Faced Sign - A sign with two faces that are placed back-to-back with a distance separation of no greater than 18 inches and in which both faces cannot be viewed from any point at the same time. Electrical Sign - A sign or sign structure in which electrical wiring, connections, electronics or fixtures are used. Electronic Message Center (See "Changeable Copy Sign, Automatic") Erect - To build, construct, attach, place, suspend, affix or install. Facade - The entire building front including the parapet, and any other architectural projection. Face of Sign - The area of a sign on which the copy is placed. Festoons - A non-metallic string of ribbons, non-metallic tinsel, small flags, pinwheels, bunting, pennants and other like items. Flags, Business or Corporate - Flags which have names or symbols of a business or corporation which cannot be construed to mean official flags. Flags, Decorative - A temporary sign made of fabric or any non -rigid material which is individually mounted on a flag pole device. Flags, Official - Flags of the United States of America, the State of California, City or other governmental agency. Flashing Sign - (See "Animated Sign") Freestanding Sign - A sign permanently aff ixed in or upon the ground and not attached to any building. See Section 9412. Freeway Sign - A sign whose purpose is to identify a specific service oriented business (those offering eating facilities, 6 Ordinance No. 1077 lodging accommodations or automobile services) which is located adjacent to the freeway right-of-way, or separated from the right-of-way by a frontage road. Frontage, building - The lineal extent of a building which fronts on either a street or parking area and used as the basis for determining the maximum sign area and number of signs allowed. See Section 9412. Government Sign - Any temporary or permanent sign erected and maintained by the City, County, State or Federal government for traffic direction or for designation or direction to any of the following; including but not limited to a school, hospital, historical site, or public service property or facility. Grade - The average elevation as defined in the Uniform Building Code of the finished ground surface adjacent to the structure supporting the sign. In the case of a monument or pole sign, grade is defined as the level of the curb or sidewalk adjacent to the sign, if less than the finished ground surface. Height - The vertical distance measured from the highest point of the sign including any architectural, ornamental or structural element of the sign to the finished grade adjacent to the sign structure. When calculating sign area, height is the vertical distance from the highest point to the lowest point of the sign. Identification Sign - A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified and shall not include a listing of pricing information or of specific brand names unless the pricing or brand name is incorporated into the name of the business or is a trademark or company symbol identifying the business or activity. Identification of product, trade and service information is permitted, and is considered supplemental provided it is subordinate to business identification. Supplemental signs shall be considered subordinate if no more than 25% of the total allowable sign area is used for this purpose. Illegal On -Premise Advertising Display (sign - An on -premise advertising display or sign erected without first complying with all ordinances and regulations in effect at the time of its construction, erection or use. 7 Ordinance No. 1077 Illuminated Sian - A sign which has characters, letters, figures, designs, logograms, pictures or outlines illuminated by a source of energy directly or indirectly in order to make the message visible. The definition shall include internally and externally lighted signs and reflectorized, glowing and radiating signs. Incidental Sian - A sign, emblem, or decal informing the public of services available on the premises such as a credit card sign or a sign indicating hours of operation or emergency phone number. Informational Sian - Same as "Directional Sign". Install - To build, paint, erect, hang or in any manner affix or modify in any way. Light Bulb Strings = External or internal displays within 12" of the inside of the window which consist of light bulbs, or strings of open light bulbs or lighted tubing. Location - A position on a site or on a building where a sign may be placed. The location is regulated by setbacks from property lines for free-standing signs or a height limitation for wall mounted signs. Logo - A trademark or company name symbol identifying the business or service provided. Maintenance (of Signs.) - For the purposes of this Ordinance, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign. Mansard - A sloped roof or roof -like facade designed to give the appearance of a full pitched roof. See Section 9412. Marquee - A permanent roof -like structure over an entry, projecting from and supported only by the exterior wall of a building. A marquee is architecturally a part of the building. See Section 9412. Master Sian Plan - A comprehensive program for coordinating all tenant signs within a center. Monument Sign - Any free-standing sign mounted directly on a planter or pedestal base without air space beneath as distinguished from the support of a pole or poles and which is 8 Ordinance No. 1077 designed to incorporate features and building materials which complement the architectural theme of the buildings on the premises. Multi -tenant Identification Sign (Directory) - A sign constructed so as to permit individual identification of businesses within a shopping, professional or industrial center. Such signs are solely for the purpose of identification of a business by name, general service or trade, and not to include the listing of individual products or services offered. Nameplate - A non -electric or mechanical on -premise identification plate, plaque or sign giving only the name, address, and/or occupation of an occupant or group of occupants; less than two (2) square feet in size. Neon - A glass tube filled with gas that emits light when energized. . Non-combustible Material - Any material which is classified as non-combustible in the current Uniform Building and Fire Codes. Non-commercial Sign - Any sign other than a sign relating to the sale of any merchandise, product, service, commodity or other item or activity for private benefit or gain. Non-commercial signs include, but are not limited to: 1. A political sign (See Section 9403 D.13). 2. A sign containing a message advocating, criticizing or otherwise relating to the political views, opinions, contentions on labor disputes or similar controversies. 3. A sign relating to religious, charitable or sociological opinions, views, policies or beliefs. Non -Conforming Sign - A sign erected legally which does not comply with the most current adopted sign restrictions and regulations. Non -Structural Trim - The molding, battens, caps, nailing strips, latticing, cutouts, letters, and/or trim caps which are attached to the sign structure. Off -Premise Sign - Any sign installed for the purpose of advertising a business product, event, person or subject not related to the premises upon which said sign is located, - Ordinance No. 1077 except directional signs. It shall also include any sign maintained upon or affixed to a building within which the advertised business is not located and any vehicle which is used primarily to support or display such sign while parked on public or private property, other than for the purposes of lawfully making deliveries or sales of merchandise or rendering services from such vehicle. On -Premise Advertising Display - Any structure, housing, device, figurine, statuary or other contrivance of a permanent or portable nature which is designed and intended to advertise specific products or services, services available or goods sold upon the premise which the business or display is located or upon the building within which the business is located. See definition of premise. On -Premise Sign - A sign which pertains to the name, use service, trade or trademark or company name symbol identifying the business or business activity provided as in the case of a logo of the premises on which it is located. Open House Sign - A sign which identifies a building for sale or lease which is open and available for inspection, and sets forth no other advertisement. Painted Sign - Any sign which is applied with paint or similar substance to the face of a wall, arcade, canopy or marquee of a building. Parapet - An extension of the structural walls, or other architectural feature screening from view on all sides of a building the rooftop equipment. See Section 9412. Pennants - A flag that tapers to -a point or a forked double - point, and is often used alone or in a series and suspended from a rope, wire or string. Persons - Any person, firm, partnership, association, corporation, company or organization of any kind whatsoever. Plaque - A flat thin piece of metal ( or other material) placed on a building to identify a site or an event or to commemorate an individual or an event. Plastic Materials - Materials made wholly or principally from standardized plastics listed and described in the current edition of the Uniform Sign and Building Code Standards, as adopted by the City of Tustin. 10 Ordinance No. 1077 Pole Cover - An architectural feature or decoration which encloses poles or other structural supports of a sign. Pole Sian - Any free-standing sign supported by a structural members) with air space between the grade level and the bottom of the sign face. Political Sign - Any sign indicating the name and/or picture of an individual seeking election to a public off ice, or relating to a public election or referendum or pertaining to the advocating by persons, groups or parties of the political views or policies. Portable Sign - Any sign capable of being carried or readily moved from one location to another, including but not limited to an "A -frame", "sandwich sign", a sign on wheels or a sign which leans against a stationary object, building or structure. Premise - The building as it relates to a wall sign within which a business is located; or as it relates to a ground sign, premise is defined as the project site upon which the business is located. Primary Wall - A building wall containing a primary store entrance/exit which faces onto a street or designated parking area. Pro-iect Identification Sign - A temporary sign -identifying a future occupant, project developer, architect, engineer, contractor or others participating in construction on the property on which the sign is located. See Section 9412. Projecting Sign - Any sign which is not substantially parallel to the surface or plane of the supporting wall, fence, canopy or marquee to which it is attached. Public Information Sign - Refer to "Directional/ Information Sign". Public Safety Area - A strip width, running parallel with, the public right-of-way line. the same as the property line. of land, twenty ( 2 0 ) feet in adjacent to and measured from The public right-of-way line is See Section 9412. Reader Board Sign - Same as "Changeable Copy Sign". Real Estate Sign - A temporary sign advertising the sale, lease or rent of the property upon which it is located, and 11 _ Ordinance No. 1077 the identification of the person or firm handling such sale, lease or rent. Replacement Value - The total actual cost to repair or restore a sign to its original condition. Rider - A changeable portion of a real estate sign that includes specific information relating to the property or broker. Roof Line - Either the uppermost edge of the roof or the top of the parapet. See Section 9412. Roof Sign - A painted sign or attached sign constructed upon or over a roof, or placed so as to extend above the visible roof line. Rotating Sign - A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy. Secondary Wall - A building wall which contains no primary store entrance, but may have emergency exits, exits/entrances subordinate to the primary entrance which may face onto a street or designated parking area or access drive. Sign - Any structure, device or contrivance and all parts thereof which are installed or used for identification purposes upon or within which any poster, bill, copy, lettering, painting, device or other advertising of any kind whatsoever is used, placed upon, or affixed to the building support structure, window area, canopy, awning or marquee. Product, ' trade and service information is considered supplemental information and may be included on the sign provided it is subordinate to business identification. Supplemental signs shall be considered subordinate if no more than 25% of the total allowable sign area is used for this purpose. This definition includes signs directly applied to a building surface such as plastics, and menus. This definition shall not include official notices issued by a court or public body or officer, or directional warning or information sign or structures required by or authorized by law or Federal, State, County or City authority. See Section 9412. Sign, Area of - The entire area of the face or faces of the sign, which is designed to carry copy, whether or not there is copy on all surfaces. Architectural design embellishments and - structural elements such as a sign pedestal or pole are not 0Wa Ordinance No. 1077 construed to be part of sign area. The perimeter is defined by the smallest square, circle, rectangle, triangle or combination thereof or irregular shape that will encompass the extreme limits of the copy together with any frame or structural trim forming an integral part of the display such as a sign cabinet. In the case of a double-faced sign, the area shall be computed as only one of the sign surfaces. See Section 9412. Sign Copy - Any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign. Sian Structure - Any structure which supports a sign. Site - One or more parcels of land identified by the assessor's records. The site shall include all parcels of land contained within, or a part of an integrated building development. An integrated building development shall include all parcels served by common accessways, driveways, parking and landscaping. Site Street Frontage - The length of lot or parcel of land along or fronting on a street or highway. Special Event - Any commercial, civic, patriotic, religious, cultural, community, or political event taking place on a specific date or dates. Snipe Sian - A temporary sign stuck, tacked or affixed to the utility pole, or other surface. or poster which is posted, ground, a tree, post, fence, Staked Sian - A temporary directional or information sign constructed of cardboard, metal, plastic or wood and attached to a metal or wooden stake. Standard Sign Plans - A comprehensive set of plans and materials required to be submitted before erecting, placing, rebuilding, reconstructing or moving any sign. Storefront Area - The front area of a building in which the primary entrance to a store or business is located. The area is calculated by multiplying the width of the storefront (or tenant space in the case of a multi -tenant building) by the wall height (which includes all vertical surfaces between the finished grade and the roof). See Section 9412 for a display of the storefront area calculation. 13 Ordinance No. 1077 Super Graphic - A painted design which covers an area of a wall, building facade or other structure. A super graphic is a sign only if it displays or suggests information which identifies or advertises by name or symbol. Supplemental Signs - Signs identifying special features, trade, services or products of the business. Such signs may not include a listing of pricing information or specific brand names unless incorporated into the name of the business. Supplemental signs may be of a permanent nature, provided they are subordinate to business identification information. They shall be considered subordinate if no more than 25% of the total allowable sign area is used for this purpose. Temporary Sign - Any on-site sign intended to be displayed for a short period of time only, excluding non-commercial signs, special event signs and public information signs as defined herein. Tivoli Lights - A brand of tube lights. See tube lights. Tract Identification Sign - A permanent sign designed to - identifya single-family or multi -family residential subdivision or development. Such signs shall be limited to subdivisions containing a minimum of ten (10) units or ten (10) lots and a minimum total project size of one (1) acre. Tube Lights - Small decorative lights of a permanent nature. Light bulbs are usually 1/2 watt in size and usually less than 1 inch long and placed within a clear tube, approximately 8 inches apart. Unlawful Sian - Same as "Illegal On -Premise Advertising Display/Sign". Under -Canopy Sign or Under Marquee Sign - Same as "Arcade Sign". Use The purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. Vehicle -Mounted Sign - Any sign placed or maintained on a stationary automobile, truck, trailer or any other motor -driven device. Visual Clearance Area - A triangular shaped portion of land established at a street intersection or driveway in which nothing is constructed, placed, planted or allowed to grow in 14 Ordinance No. 1077 such a manner as to limit or obstruct the visibility of a motorist entering or leaving the intersection or driveway. See Section 9404 A.3c and exhibit in Section 9412. Wall Sign - A sign attached parallel to or erected on the fascia, parapet or exterior wall of a building, structure, wall or fence with the exposed face of the sign in a line approximately parallel to the plane of the exterior wall. See Section 9412. Width of a Sign - Maximum horizontal dimension of a sign. Window - An opening in a wall surrounded by framework or casing and enclosed with transparent material. For the purpose of calculating window area on one building elevation, a series of adjoining window panes separated by mullions or panels can be combined to establish total window area. Window Sian Any sign attached, painted, or pasted, either permanent or temporary, on the interior or exterior of a window and intended to be viewed from the outside. See Section 9412. Wind Sian - Any sign or portion thereof or series of signs, banners, balloons, flags, pennants, spinners, streamers, or other objects designed and fastened in such a manner as to move upon being subjected to pressure by wind or breeze. 9403 SIGN PERMIT REQUIREMENTS A. Permits Required for Permanent Signs A sign permit shall be applied for and received from the Department of Community Development prior to painting, erecting, constructing, altering, rebuilding, replacing or moving any sign including change of copy on cabinet signs except those signs exempted from permit requirements pursuant to this section. As applicable, a separate building permit and/or electrical permit may also be required. B. Permits required for Temporary Signs Temporary Sign Permits are required for supplemental signs intended for temporary display. This section shall not authorize signs identified as prohibited by Section 9404 of this Chapter. Additional regulations for temporary signs are found in Section 9406. As applicable, a separate building permit and/or electrical 15 -- Ordinance No. 1077 permit may also be required. In addition to a refundable cash bond which guarantees the removal of the temporary display, the following requirements shall apply. 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 with a maximum sign height or vertical dimension of 6 feet. 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. Every business banner shall contain a posting date and the display shall be removed within 30 days of the posting date or the bond is subject to forfeit and the display may be removed by the City. f. Original grand opening business banners shall be permitted for a period not to exceed 30 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 days and not more than four (4) times in any calendar year nor more than twice in any calendar quarter. 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. 16 Ordinance No. 1077 2. Decorative Flags - a. Flags shall be installed on a flag pole device or frame, approved by the Building Official or installed directly upon a building or wall surface but in no case above the roof eave. b. No flag may exceed 6 square feet in area with a maximum pole height of 121. C. Original grand opening flags shall be permitted for a period not to exceed 30 days. Temporary sign permits for grand opening flags are subject to the approval of the Department of Community Development. In addition, a change of ownership or change of business type qualifies for grand opening flags. d. Not more than 5 flags per site for purposes other than grand openings shall be permitted for 30 days and not more than four ( 4 ) times in any calendar year nor more than twice in any calendar quarter. Display of special event flags shall be for special events only, and not for each promotion a national franchise might wish to advertise. Special event flags are subject to the approval of the Department of Community Development. e. Decorative flags are permitted for non- residential projects and only for residential projects in conjunction with Temporary Project Identification signs. f. Any request to deviate from the location, size, height or time limits for decorative flags shall be reviewed and approved by the Planning Commission, provided such flags are compatible with the size and scale of the buildings on the site and project size. 3. Beacons - Beacons used as part of the original grand opening are permitted for a period not to exceed 30 days. Temporary sign permits for grand opening beacons are subject to the approval of the Community Development Department. 17 Ordinance No. 1077 4. Festoons - Festoons may be permitted in conjunction with a special event, subject to the requirements of Section 9404 C.3 and approval by the Planning Commission. 5. Balloons - Non-metallic balloons (individual, groupings or arch of balloons) may be permitted only one time per year and in conjunction with a special event, and are subject to the approval of the Community Development Department and any other governmental agency that may be affected by said balloons. Balloons shall meet the following restrictions and criteria and any deviation from these limitations shall be approved by the Planning Commission, as provided for in Section 9404 C.4. Individual or grouping of balloons: Individual balloons includes balloons attached separately to the ground or building or attached to the end of a non-metallic string. A grouping of balloons is 2 or more balloons attached separately to a non-metallic string which are clustered together. a) Maximum size of balloons - 12" in diameter b) Maximum number - 30 balloons c) Maximum height - 15' above grade d) Location - must be securely affixed to ground or building and must maintain a minimum 20' setback from all property lines. e) Duration of display - maximum o f t w o consecutive days no more than one time per year for arch, individual or string of balloons. Arch of Balloons: An arch of balloons is a collection of helium -filled balloons that are attached close together to create a solid band of color forming an arch. a) Maximum size of balloons - 12" in diameter b) Maximum number - 3 balloons per lineal foot c) Location - must be securely affixed at each end to ground or building and must maintain a minimum 20' setback from all property lines. d) Duration of display. - maximum of two consecutive days no more than one time per year for arch, individual, or string of balloons. C. Permits Reguired for Public Events Signs A temporary Sign and Banner Permit is required for banner signs to be posted within the public right-of-way on 18 - Ordinance No. 1077 approved structures. The following regulations shall apply to such signs: 1. All banners posted on the structures approved by the City shall advertise events opened to the public and sponsored by the City of Tustin. 2. When not in use by the City, bona fide, non-profit agencies located within the City of Tustin may apply for use of the structures for the purposes of advertising events open to the general public and held in the City of Tustin. This application shall be made in writing to the Community Development Department and approved by the Director of Community Development. 3. All banners posted on the structures approved by the City shall be posted for a maximum of 14 days unless approved by the Director of Community Development and shall be removed no later than 72 hours after the event has occurred. 4. All banners posted on the approved structure must conform with the following design criteria: a. All banners shall be made professionally and be constructed of canvas material which has openings for proper wind resistance. b. No banner shall exceed 35 feet in horizontal length, with a maximum sign height or vertical dimension of four feet. C. All banners shall contain copy on both sides with only white background colors, all copy colors shall be limited to a choice of two 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. e. All applicants shall provide a certificate of general liability insurance in the amount adopted by Resolution of the City Council 19 Ordinance No. 1077 naming the City of Tustin as an additional insured; f. Any banner for events with corporate sponsorship must limit the size of the corporate logo space to no more than 25 percent of the total banner size. 5. The procedures herein contained shall be enforced by the Community Development Department. Any request to vary from these regulations shall be processed in accordance with variance procedures contained in the Tustin Zoning Code. D. Signs Exempt from Sign Permits/Permitted in all Districts The following signs are exempt from the permit requirements of this Chapter, provided that they conform with the standards outlined below and contained in Sections 9406 through 9411. Although the following signs do not require a sign permit, they may require a building and/or electrical permit. 1. Public signs placed by a governmental body or public utility, including signs required by law, community service signs, public transit signs, safety signs, trespassing signs, danger signs and all signs erected by a public officer in the performance of a public duty. 2. Official flags to include Federal, State and Local governmental organizations, not to exceed one of each flag per property. However building permits shall be obtained for the flag poles, where required by the Uniform Building Code. The flag pole shall meet the setback requirements and shall not exceed the allowable height of the zoning district or 50 feet, whichever is less. 3. Flags identifying the name and/or logo of the business upon the premises. Such flags shall not exceed one (1) in number per site nor more than 100 of the permitted aggregate sign area for the business identified on the flag. Business flags shall be no higher than any State flag and must be lower than the Federal flag if located on the site. The flag pole shall meet the setback requirements and shall not exceed the allowable height of the zoning district or 50 feet, whichever is less. 20 Ordinance No. 1077 4. Nameplates less than two (2) square feet in area, displaying only the following: a) name of the premises upon which it is displayed; b) name of the owner or lessee of the premises; c) occupation of the owner or lessee. 5. Holiday lights and decorations with no commercial message, between November 15 and January 5. 6. Address numbers installed on a building which must be at least six inches in height and in Arabic numerals. 7. Permanent plaques, cornerstones, or building names containing the name of the building and date of erection, or historical designation, provided that these are cut into a masonry surface, or constructed of bronze or other appropriate material of a permanent nature. 8. Advertising and/or incidental signs mounted, painted, attached to, or placed upon windows and intended to be viewed from the exterior, unless prohibited in an approved Master Sign Plan provided that the aggregate area of such signs do not constitute more than 25% of the window area upon which they are placed. 9. Non -illuminated Rental/Sale/Leasing Signs, as follows: a. In residential zones, not more than one sign per street frontage, with a maximum height of four ( 4 ) feet and maximum size of six ( 6 ) square feet. Ornamental signs may be a maximum of seven (7) feet high to top of structure, with a maximum of six ( 6 ) square feet for sign face. b. In professional districts, not more than one sign per street frontage, with a maximum of sixteen (16) square feet in size and six (6) feet in height. C. In commercial districts when a property has a street frontage of less than two hundred ( 2 00 ) lineal feet, not more than one sign per street frontage, with a maximum size of sixteen (16) square feet and maximum six (6) feet in 21 Ordinance No. 1077 height. For properties with two hundred (200) lineal feet or more of street frontage, not more than one sign per street frontage, with a maximum of twenty-four (24) square feet in size and eight (8) feet in height. d. In industrial districts, not more than one sign per street frontage, with a maximum of thirty-two (32) square feet in size and ten (10) feet in height. e. For vacant properties in any district with a minimum of five (5) acres in size, not more than one sign per street frontage with a maximum of 20 square feet in size and eight (8) feet in height. f. All such signs shall be installed on private property and only on the premise which the sign advertises. g. All such signs may contain a maximum of 3 riders in excess of the above sign area limitation. The combined size of all riders including any spaces between riders shall not exceed twenty-four (24) inches in total sign height or vertical dimension and must be attached under the permanent sign face. 10. A permanent, on -premise directional/information sign not exceeding six ( 6 ) square feet per face nor four (4) feet in height, limited to one (1) sign per vehicle entrance to the site. In addition, each tenant may have directional signs located on or next to the building, maximum size of 4 square feet and not to exceed one per store entrance. 11. Temporary off-site directional/ information signs may be located in any district, subject to the following provisions: a. The signs shall not exceed three (3) square feet in size and four (4) feet in height; b. Signs shall only activities such regarding lost or or directions to sale; 22 be used for incidental as providing information found persons, items or pets garage sales and homes for Ordinance No. 1077 C. Signs may be located in the public parkway area, between curb line and the sidewalk, subject to the visual clearance requirements. A minimum of 1,250 lineal feet of street frontage shall be provided between signs; d. Signs are not permitted to be attached to any traffic control device, tree, street light or utility pole or placed so as to impede public sidewalks; e. Signs may not advertise any business, service, trade, product, sale or special event, except as identified in Section 9403 D.11.b. f. Signs shall be posted only during the hours between sunrise and sunset. g. Signs posted in violation of these requirements may be removed by the City, subject to the enforcement procedures of Section 9405H of this chapter. 12. Light bulb strings are permitted on a temporary or permanent basis, provided all of the following limitations are met: a. Maximum number - 100 light bulbs b. Minimum separation between lights - 6 inches C* Maximum size bulb - 3 inch in length, 7 watt d. Color - clear or white e. Location - not permitted on the exterior of a building or structure. May be located within 12" of the interior of a window. Light bulb strings located more than 12" from the interior of a window are not regulated by this code. f. All such lights shall not flash, blink, chase or be otherwise animated. g. Standards above do not apply to decorative holiday lighting as permitted by Section 9403 D.S. 13. 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 provisions: 23 Ordinance No. 1077 a. No person shall install or maintain or cause to be installed 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 such a manner as to interfere with, mislead or confuse traffic. b. No person shall affix a sign, on any public property or right-of-way including a street, median, island sidewalk, traffic signal, utility pole, traffic control device, tree or parkway, except as permitted by Section 9403 D.13.g, following. C. 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 obscene nature. d. Signs consisting of any moving, illuminated, swinging, rotating, flashing, blinking, fluctuating or otherwise animated light are prohibited. e. The permission of the property owner is required for signs placed on private property. f. Signs on private property shall be limited to a maximum of 32 square feet and 10 feet in height above grade. g. Other than on private property, political signs are authorized in public parkways (defined as the area between the curb line and the private property line), subject to the following restrictions, procedures and conditions: (1.) No more than three political signs shall be permitted in the parkway abutting any one parcel of property. (2.) Signs shall be limited to five square feet in size and four feet in height, above grade. 24 -- Ordinance No. 1077 (3.) Signs shall not be attached in any manner so as to impede pedestrian walkways or constitute a hazard to or endanger persons using the sidewalks. (4.) Signs shall not be located in any area which the City Engineer, acting pursuant to generally accepted engineering standards determines that such sign would constitute a safety or traffic hazard. (5.) Any person, party or group posting such signs shall be liable to the City of Tustin, private property owners and the general public for any injury to persons or property resulting from the placement and maintenance of such signs. (6.) Every sign shall contain sticker to be obtained from the Department of Community Development which shows the posting date. All signs shall be removed within 90 days of the posting date. (7.) Every sign shall contain the name, address and phone number of the Campaign Committee, written in indelible ink. h. Signs in violation of this Code shall be removed by the City subject to the enforcement procedures of Section 9405H of this chapter. i. Any person who intentionally defaces, obliterates, tears down, or destroys any political sign installed in accordance with the provisions of this Code shall be charged pursuant to the General Penalty provisions of this Code. E. Sian Permit Application Applications for Sign Permits shall be made either by the owner of the property on which the sign is to be located, a licensed contractor or the authorized agent of the property owner or licensed contractor as may be required by State Contractors' Law, on forms furnished by the Community Development Department and shall be accompanied by information and fee as required for Standard Sign Plans or Master Sign Plans. 25 - Ordinance No. 1077 F. Standard Sign Plans All applications for sign permits, shall be accompanied by three sets of dimensioned plans and shall include the following information: 1. The name, address, and telephone number both of the owner or persons entitled to possession of the sign and of the sign contractor or erector. 2. The location by street address of the proposed sign. 3. An elevation of the sign showing the dimensions of the sign, the dimensions of the sign's supporting members, the maximum and minimum height of the sign above existing or proposed grade level, sign copy, proposed lettering and background color and lettering style. 4. A dimensioned elevation of that portion of the building exterior where the proposed location of the sign will be placed in relation to the face of the building. 5. A dimensioned site plan showing the proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated and any pole or monument signs within 50 feet of the site boundaries can be prepared on an 8 1/2" x 11" size paper. 6. Where the sign is to be attached to an existing building, a current color photograph of the face of the building to which the sign is to be attached and color photograph -of all existing signs on the building and sign structures labeled to show which signs will be removed and which will remain. 7. A Sign Plan shall indicate the scope and structural detail of the work to be done, including details of all electrical and mechanical connections, guy lines, supports and footing and materials to be used. 8. Means of lighting/illumination along with an electrical permit for all electrical signs. All electrical components for the sign shall be listed and approved by certified testing laboratory. PV -- Ordinance No. 1077 9. Any other information that the applicant believes to be needed to fully define the sign proposal. 10. Such other architectural, design, or engineering information as may be required by the Uniform Sign Code and UBC for the specific sign proposal. 11. Any required permit and review fees as established by resolution of the City Council. G. Master Sign Plans A Master Sign Plan is required for developments in specific plan, planned development and planned community districts, multi -use sites, multi -tenant centers and mixed use districts in the City. The purpose of a Master Sign Plan is to encourage coordinated and quality sign design (integrated with architectural style of project) on sites where a large number of signs will occur. In addition, the Master Sign Plan should include on -premise directional/information signs to facilitate smooth internal circulation by the motorist. After approval of a Master Sign Plan, no sign shall be erected, placed, painted or maintained except in conformance with such plan, and such plan may be enforced in the same way as any provision of this ordinance unless a modification to the Master Sign Plan is approved. In case of any conflict between the provisions of such a plan and this ordinance, the ordinance takes precedence. In addition to all of the requirements for Standard Sign Plans contained in Section 9403 E of this Chapter, the following additional information shall be required for a Master Sign Plan: 1. Plan specifications including the type of texture of materials and colors proposed for the signs and the building facade. 2. A colored elevation of the proposed signs as they would appear on the building facade. 3. Drawings illustrating the lettering styles and sizes proposed and the use of logos, if any. 4. Color photographs of buildings and signs on adjacent sites. 27 Ordinance No. 1077 5. Any regulations that are more restrictive than those included in the sign code pertaining to use, location and size of signs. H. Review Criteria 1. General Criteria (applicable to all signs) Proposed signs and the materials, size, color, lettering, location and arrangement thereof shall conform to the following criteria: a. Signs shall be consistent throughout the site by incorporating common design elements such as quality of materials, letter style, colors (not more than 3 excluding black and white per individual sign), illumination, sign type or sign shape. b. Signs shall be compatible with, and bear a harmonious relationship to the visual image and architectural design of the buildings they identify in terms of materials, colors, and design motif. C. Signs shall relate to a human scale, and shall be directed toward pedestrians as well as motorists. The base and supporting structure of all signs shall be consistent with the size and scale of the advertising surface. d. Signs shall contain only that information necessary to identify the businesses or uses of the property on which the sign is located and be in compliance with district regulations. Identification of product, trade and service information is permitted and considered supplemental provided it is subordinate to business identification. Supplemental signs shall be considered subordinate if no more than 25% of the total allowable sign area is used for this purpose. e. Signs shall be appropriately visible, legible, as far as spacing and proportion of letters and details, and shall not dominate the visual quality of the site or obscure from view existing or adjacent signs. 28 Ordinance No. 1077 f. Signs shall be compatible with the visual characteristics of the development and signs in the surrounding area and shall not detract from adjacent developed properties. g. New signs in existing developments shall be designed in accordance with the established Master Sign Plan for the building or center where the signs are to be located. If a Master Sign Plan does not exist, any new signs shall be designed to be harmonious with other existing signs on the property and/or architectural theme or design features of the building(s) or required by any special criteria pursuant to Section 9403 G.3. h. Freestanding signs may be located in a required yard setback area provided the following criteria are met: (1) Said location is not within a required visual clearance area as defined in Section 9402 of this Chapter, and shown on Section 9412 exhibits. (2) All signs proposed to be located within the Public Safety Area shall be reviewed and approved by the Public Works Department. (3) All such signs shall be located a minimum of 25 feet from an interior side property line or 50 feet from another existing pole or monument sign located on an adjacent site, whichever is less restrictive. (4) In the event of a lighted sign the location will not cause negative light and glare impacts on adjacent sensitive land uses. i. All signs shall conform with provisions contained in Section 9404 of this Chapter and any previously approved Master Sign Plan, on file with the Department of Community Development. 2. Master Sign Plan Criteria M� Ordinance No. 1077 In addition to General Criteria listed in Section 9403 G of this Chapter, Master Sign Plans shall be reviewed for conformance with the following criteria: a. Signs shall reflect a common theme, incorporating design elements in terms of materials, letter styles, colors, illumination, sign type and sign shape. b. Signs shall utilize materials, colors, and a design motif which are compatible and which reflect the special qualities of the architecture of the buildings on the site in both daytime and nighttime situations. C. For developments with existing signs, the Master Sign Plan shall designate appropriate replacements, if any, which are consistent with the new signage. Where such signs cannot be replaced immediately, a schedule or phasing plan for bringing such signs into conformance with the Master Sign Plan shall be submitted and become part of the approval. A cash bond, based upon the estimated cost to remove the sign, may be required to guarantee their removal. Bond is returnable upon successful completion of removal. If not removed, the bond will be forfeited and the sign will be removed by the City pursuant to the enforcement procedures of Section 9405 H. The sign plan should acknowledge that tenants desiring signs may not be identified during the building design process or may change over time. Therefore, care should be taken in size and placement to accommodate future changes. d. The Master Sign Plan shall designate a person or firm as the primary liaison with the City for the purpose of requesting approval of the Master Sign Plan and for submitting sign permit requests in conformance with the approved Master Sign Plan. e. The Master Sign Plan submitted by the applicant may establish more restrictive sign standards than those contained in this Chapter. Conversely, a Master Sign Plan for a 30 Ordinance No. 1077 center may deviate from the specific standard for permanent business identification upon submittal and approval of a Conditional Use Permit, provided that the center is a single development project of at least 30,000 building square feet or one acre in project size. 3. Special Criteria The Planning Commission may recommend and the City Council may establish more specific design criteria by resolution within certain portions of the City to encourage signs which are in harmony with established architectural guidelines in those areas. The specific criteria may be more or less restrictive than the regulations included in this Chapter. 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 requirements contained in Specific Plans, or planned development or planned community districts. All signs proposed to be located within the public safety area shall also be reviewed and approved by the Public Works Department prior to issuance of any permits. All decisions by the Community Development Department or Planning Commission are final unless appealed in accordance with this Chapter. J. Appeal Procedures 1. When the Community Development Department has the decision-making authority, the decision is appealable to the Planning Commission. Any decision of the Planning Commission is appealable to the City Council. Any appeal shall be made in writing and delivered to the Department of Community Development no later than 7 calendar days from the date of the decision. 31 Ordinance No. 1077 2. All appeals shall be accompanied by a fee set by resolution of the City Council. 3. The Planning Commission or City Council, as applicable, shall set the matter for consideration within 30 days and shall give written notice to the appellant of the time and date set for consideration of the appeal. The Commission or City Council as the final decision making body may affirm, reject or modify a previous decision on the Sign Plan. 9404 SIGN REGULATIONS A. Prohibited Sign Types, Prohibited Materials and Prohibited Locations All signs not expressly permitted under this ordinance are prohibited in the City. Such signs include, but are not limited to the following types, materials and location. 1. Types of Signs Prohibited a. Advertising Bench Signs - No person shall place within a public right-of-way of any street or in any public safety area within the City any advertising bench, or seat except in compliance with the following conditions: 1. Initially applying for and obtaining a written permit from the City Council. 2. Obtaining the approval of the City Engineer for the design and construction details. b. Advertising Display Bus Shelter Signs - No person shall place within a public right-of- way or in any public safety area within the City any advertising display bus shelter, except in compliance with the following conditions: 1. A franchise agreement or other contractual agreement acceptable to the City Attorney shall be required for all advertising bus shelters proposed within the public right-of-way. City Council 32 Ordinance No. 1077 C. d. e. f. approval shall also be required for all shelters located within a public safety area. 2. The Planning Commission and City Engineer shall review and recommend to the City Council appropriate locations, design and construction details for all advertising bus shelters prior to award of franchise agreement or approval of alternative contractual agreement. However, in no case shall an advertising bus shelter be located within a residential neighborhood. The Planning Commission may also recommend certain guidelines to the City Council on appropriate standards for advertising and/or design. 3. All advertising display bus shelters shall be located based upon ridership demand, as determined by the Orange County Transit Authority and City Engineer. 4. Displays shall not contain advertising for tobacco or alcohol products. Aerial Signs - Signs which are inflatable or are designed to be flown or attached to the ground, a building, structure or other object, including metallic or non-metallic balloons, strings of balloons, kites, or other aerial signs, all of which may or may not include copy, unless approved pursuant to Section 9404 C of this chapter. Animated Signs Audible Signs - Signs containing loudspeakers or emitting sounds. Beacons - unless approved pursuant to Sections 9403 B or 9404 B of this Chapter. g. Festoons - A metallic or non-metallic string of ribbons, metallic or non-metallic tinsel, small flags, pinwheels, bunting, pennants or like material, unless an exception is approved pursuant to Section 9404 C of this chapter. 33 Ordinance No. 1077 h. Flashing or Moving Signs - Signs that flash, chase, blink, oscillate, rotate, glitter, glare or include mechanical moving parts. i. Light Bulb Strings - Temporary light bulb strings on the exterior of a building, except holiday lights per Section 9403 D.5, and light bulb strings within 12" of the inside of a window which are not in conformance with Section 9403 D.12. j. Obscene Advertising - Signs exhibited, posted or displaying anything of an obscene nature. k. Off -Premise Signs - Any sign including outdoor advertising structures and billboards installed for the purpose of advertising a business, product, .event, person or subject not related to the premises upon which said sign is located, except directional signs. It shall also include any sign maintained upon or affixed to any vehicle or other device which is used primarily to support or display such sign while parked on public or private property, other than for the purposes of making lawful deliveries or sales of merchandise or rendering services from such vehicle. Premise shall mean the building within which a business is located on as it relates to a freestanding sign. Premise is defined as the project site upon which the business is located. 1. On -Premise Advertising Display - Any display, structure or device as defined in Section 9402 of this chapter that is intended to advertise specific products of the business or services or goods available. M. Painted Wall Signs - Sign area painted directly upon the surface of any exterior wall of a building unless approved pursuant to Section 9404 B of this Chapter. n. Portable Signs - Signs not permanently attached to a building or to the ground, such as sandwich boards, A -frames, or signs attached to parked vehicles (excepting auto - 34 Ordinance No. 1077 for -sale signs) or trailers or other mountings. o. Projecting Signs - Any projecting sign that extends beyond the property line, either over the public right-of-way or over a separate lot. In addition, any sign that creates a public nuisance due to the height, size and location are prohibited. Projecting signs on private property shall be subject to the restrictions of the Uniform Sign Code and UBC. p. Roof Top Signs - Signs mounted or painted on roofs including mansard roofs unless required by the City Security Ordinance, or the Police or Fire Departments. q. Service, Product- & Pricing Signs - Any sign advertising specific brand names or pricing unless incorporated into the business name for the purpose of city business licenses and filing of fictitious Business Name as required by the State Board of Equalization. Specific pricing signs as required by state law and permitted in the code are not subject to these limitations. Identification of product, trade or service information in excess of 25 of the total allowable sign area is also prohibited. r. Signs Constituting a Traffic Hazard - Any sign which by color, shape, operation or location resembles or conflicts with any traffic control sign, device, signal or official directional guide sign, or creates a traffic hazard. S. Snipe Signs - A temporary sign affixed to a tree, fence, utility pole, etc. t. Vehicle Signs - Business signs on or affixed to trucks, automobiles, trailers or other vehicles, while parked on public or private property, excepting those vehicles used for the purpose of lawfully making deliveries or sales of merchandise or rendering services. 35 Ordinance No. 1077 2. Materials Prohibited a. Non -Durable Signs - Paper, cloth or any matter or material not securely fastened to the surface of a sign or sign structure with the exception of approved temporary signs. 3. Locations Prohibited a. Nuisance to Residents - Sign lighting which is facing onto or visible from residential uses and is a nuisance. Any such sign lighting which is located within 100 feet from such uses, will require a photometric plan along with sign plans to ensure that the intensity or location does not constitute a nuisance for adjacent residential properties. b. Signs in Proximity to Utility Lines - No permit shall be issued for any sign and no sign shall be constructed or maintained which has less clearance from authorized electrical power lines than that prescribed by the laws of the State of California or rules and regulations promulgated by agencies thereof. C. Visual Clearance Area - No permit shall be issued for any sign and no sign shall be constructed or maintained which is located within the visual clearance area. This area shall be measured from each side of the driveway or access point to the adjoining street per current City standards. See diagram in Section 9412 showing Visual Clearance Area. d. Within Public Right -of -Way - No person shall affix by any means any form of sign on any public property or right-of-way, including a street, median, island, parkway (except as permitted by Section 9403 D.13g), sidewalk, traffic signal, traffic signal post, traffic signpost, traffic control sign post, any other traffic control device, utility pole or tree, unless specifically authorized by the City Council or by the Tustin City Code. e. Side Yard Setback Area - A monument sign shall be setback a minimum of 25 feet from side 36 --- Ordinance No. 1077 property lines or 50 feet separation from another pole or monument sign located on an adjacent site, whichever is less restrictive. Additional regulations for monument signs are located in Section 9407 through 9411. B. Signs Subject to Conditional Use Permit Approval The following types of signs are permitted only when reviewed by the Planning Commission and where a Conditional Use Permit has been issued in accordance with the Tustin Zoning Code. 1. Changeable Copy Signs (electronic or manual), except time and temperature signs which are permitted. 2. Pole Sign - All pole signs not considered freestanding freeway signs pursuant to Subsection 9404 B.3 shall require approval of a Conditional Use Permit. In addition to findings required to be made on granting of a CUP contained in the Tustin City Code, the following restrictions and criteria shall apply: a) Type of business - only center identification signs are permitted to be pole signs. b) Size and scale of project - the center identified by the sign is a single development project of at least 100,000 building square feet or five acres in project size which has a minimum of three or more tenants. C) Design - the pole sign is designed to reflect theme of the center it identifies and incorporates similar design elements, materials, colors and special qualities of the architecture of the building(s) in the center and is compatible with existing or proposed signage in the center. d) Location - the pole sign shall (1) be located within a landscaped area and is limited to one per street frontage, (2) maintain a minimum of 100 lineal feet from any other monument or freestanding sign in the center, and (3) be setback a minimum of 25 feet from interior - side property line or maintains a minimum of 37 Ordinance No. 1077 50 feet from another pole or freestanding sign located on an adjacent site. e) Height and Size - The sign shall be compatible with the size and scale of the project and shall not exceed 20 feet in height and 50 square feet in size. 3. Freestanding freeway Signs - The purpose of a freeway sign is to provide identification for businesses that provide services to the freeway motorist. In addition to findings required by the Tustin City Code, the following restrictions and criteria shall apply: a) Type of business - eating facilities, automobile services freeway sign. only businesses offering lodging accommodations or are permitted to have a b) Location of business - only those permitted businesses that are located directly adjacent to the freeway right-of-way, or separated from the right-of-way by a frontage road may request a freeway sign. C) Location of sign - the sign may be located in such a manner as to be oriented towards and visible from the closest freeway lanes. In any event, the freeway sign shall maintain a minimum 25' setback from a non -freeway property line or maintain a minimum of 50 feet from another freestanding sign located on an adjacent site. d) Height and size - the sign shall be no higher or larger than necessary to provide identification to freeway motorist. In any event, the freeway sign shall not exceed 24 feet in height and 50 square feet in size. 4. Painted Wall Signs to include murals or graphics which do not promote a product or business but which depict a scene or image. 5. Beacons - Any beacon used (other than approved for grand openings) as a searchlight directing light beams into the atmosphere or at one or more points on-site shall require a Conditional Use Permit. 38 Ordinance No. 1077 6. A Master Sign Plan requesting deviations from standards contained in this Chapter provided that the project is a center and a single development project of at least 30,000 building square feet or one acre in project size. C. Sictns Subiect to Planning Commission Review - The following types of signs are permitted only after the Planning Commission has reviewed and approved the Sign Permit application for conformance with the Review Criteria outlined in Section 9403 H: 1. Tivoli lights or tube lights - external displays of small decorative lights of a permanent nature require approval by the Planning Commission. Tivoli lights are a brand of tube lights. Tube lights are small lights, usually 1/2 watt in size and usually less than 1 inch long, clear or white in color and usually placed within a tube approximately 8 inches apart. 2. Neon/Exposed light when intended as a permanent feature integrated with a building's architectural design. 3. Festoons - Festoons may be permitted on a temporary basis only in conjunction with a special event, provided the Planning Commission determines that it is consistent with the size and scale of the project and approves a Temporary Sign Permit. . 4. Temporary Decorative Flags and Non-metallic Balloons - Any request. to deviate from the location, size height, number or time limits for decorative flags or balloons as provided for in Section 9403 B shall be reviewed by the Planning Commission. Prior to approval, the Commission shall determine that the proposal is compatible with the size and scale of the buildings on the site and project size. 5. Permanent Decorative Flags/Banners - Any request to install permanent decorative flags or banners on a building or project site is subject to the Design Review procedures outlined in Section 9272 of the Tustin Municipal Code and shall be reviewed by the Planning Commission. In approving such flags or banners, the Commission shall determine that the 39 Ordinance No. 1077 permanent decorative flags or banners meet the following criteria: a) Consistent with project theme. b) Compatible with architectural design of project. C) Integrated into project design. d) Shall be maintained and replaced or removed when torn, frayed, faded or otherwise damaged. D. Required Signs 1. Construction Signs shall include such information as project name, emergency phone number and contact. All such signs shall be removed prior to approval for occupancy. 2. Address Numbers_- As provided for in Sections 4111 and 4112 of the' -Uniform Building Security Code, street address numbers shall be displayed in a prominent position so that it is easily visible to approaching vehicles. For residential uses, the numbers shall be no less than three inches in height and for non-residential uses the numerals shall be no less than six inches in height. In all cases, the numbers shall be of a color contrasting with the background and located so they can be clearly seen and read. E. Gasoline Service Station Sign Standards 1. Pricing signs shall be visible from the street or highway adjacent to the sign, and when situated at an intersection, the sign shall be visible from each street. 2. The number of signs, sign area, location, height and type of signage shall conform to the Individual Business Identification sign criteria. 3. Pricing signs shall be incorporated with the Service Station Business Identification Monument sign. 4. Gasoline pump information signs shall be attached to pump islands and limited to two per island column elevation. No products, logos or business identification shall be included. 40 Ordinance No. 1077 F. Permitted Signs by Zoning District and Use - All signs shall be governed by the limits set forth in the Sign Regulations Chart, attached to this Chapter as Section 9406 through 9411 and incorporated herein by reference except if addressed elsewhere in this chapter. Signs not expressly authorized elsewhere in this Chapter or on the sign standard charts shall be considered unauthorized. The Sign Chart lists the maximums permitted for number, area and height of allowed signs along with other standards. G. Maintenance/Removal of Unsafe or Obsolete Signs The Department of Community Development shall have the authority to order the painting, repair, alteration or removal of a sign, pursuant to the Uniform Code for Abatement of Substandard Buildings, Uniform Sign Code and Uniform..Building Code which constitutes a hazard or is a nuisance to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. Failure to complete the maintenance or remove the sign after written notice of violation to the sign owner pursuant to Section 9405H, shall subject the sign owner to penalties for violations under the enforcement and cost recovery provisions of Section 9405H of this Chapter. H. Maintenance and Construction Requirements 1. All signs and their supporting structures shall be enclosed, structurally safe, and maintained in good condition and shall comply with the most current Uniform Building Codes, as locally amended. 2. All repairs to signs shall be at least equal in quality and design to the original signs. 3. All signs and their supporting structures shall be composed of wood, metal, plastic, paint or comparable weather -resistant material complementary to the building materials of the site on which they are placed. All cabinets, conductors, transformers or other equipment shall be concealed from public view. 4. Every sign erected which is subject to a permit shall have its sign permit number, name of erector, installationear, and voltage ' Y g (if electrical) in a readily visible location. 41 Ordinance No. 1077 5. All illuminated signs shall be designed, placed or arranged to prevent glare upon the public right-of-way, adjacent properties, and traffic circulation areas of the subject property and shall not create a menace to traffic or a nuisance to adjacent property. 6. All areas where wall signs are removed and background discoloration or holes remain shall be appropriately patched and painted to match the building surface within 30 days of removal of said sign. 9405 ADMINISTRATION AND ENFORCEMENT A. Responsibility The Department of Community Development shall be responsible for the administration and enforcement of the provisions of this Chapter. B. Interpretations If any ambiguity arises concerning the appropriate application of the Sign Code, the Director of Community Development shall make the final decision as to the application of this Sign Code. In making this determination, the Director shall consider (but not be limited to) the following items: 1. Prior administrative interpretation of similar provisions of the Sign Code. 2. The general intent and purpose of similar provisions in the Sign Code. 3. The general intent and purpose of the Sign Code. 4. The intent and purpose of the zone classification of the property involved. 5. The provisions of the General Plan. 6. Any other applicable codes or requirements, legally permitted precedents or other relevant information applicable to the application. 42 Ordinance No. 1077 Any decisions of the Director of Community Development may be appealed to the Planning Commission pursuant to the appeals procedure in this Chapter. C. Exceptions When an application for a Sign Code Exception has been submitted to the Community Development Department, the Community Development Director shall have authority to grant or conditionally grant an Exception to allow no more than a 10% increase in height or area of an allowable sign subject to findings contained herein. The Planning Commission shall have authority to grant or conditionally grant all other Exceptions to the various sign regulations contained in this chapter subject to the following: 1. Sign size and placement restrictions of this chapter shall be as closely followed as practicable; 2. The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable; 3. There are special circumstances unique to the property to justify the Exception; 4. Granting of the Exception will not have a negative impact on surrounding properties; 5. The sign application promotes the public health, safety, welfare and aesthetics of the community and that the granting of the Exception meets the findings and intent of this chapter. Variance procedure contained in the Tustin Zoning Code does not apply to deviations from the provisions of the Sign Code. Any request to deviate shall comply with the standards for a Sign Code Exception identified above. Any party dissatisfied with a Sign Code Exception decision may appeal said decision to the Planning Commission or City Council, as applicable. D. Conditional Use Permits (CUP) An application for a Conditional Use Permit for a sign designated in Section 9404 B of this Chapter shall be 43 Ordinance No. 1077 processed in accordance with Conditional Use Permit procedures contained in the Tustin Zoning Code. Appeal procedures for Conditional Use Permits shall also be governed by applicable sections of the Tustin Zoning Code. E. Non -conforming Signs A legally established, non -conforming sign lawfully in existence prior to the adoption date of this ordinance may remain and be maintained, but shall be made to conform to all provisions of this Chapter if the Director determines that any of the following events occur. 1. A non -conforming sign shall not be changed to another non -conforming sign. 2. A non -conforming sign shall not be structurally altered so as to extend its useful life. A sign shall be considered to be structurally altered if the construction materials are physically replaced with new materials. The replacement of face copy in a cabinet type sign does not constitute structural alteration. 3. A non -conforming sign shall not be expanded or altered so as to change the size, shape, -position, location or method of illumination of the sign. 4. A non -conforming sign shall not be re-established after discontinuance of the use for ninety (90) days or more. If any use is wholly discontinued for any reason, except pursuant to a valid order of a court of law for a period of ninety (90) days, it shall be presumed that such use has been abandoned. A use shall be presumed to be abandoned if the property or structures are vacant or if the occupants are no longer conducting business. A written notice of this determination will be sent or delivered to the sign owner. The owner shall have 30 days to remove the sign or provide the Department of Community Development with evidence that the use has not been discontinued. The Planning Commission shall review all evidence and shall determine whether or not the sign is abandoned. All other provisions of the Enforcement Section 9405 H shall apply. 44 Ordinance No. 1077 F. W 5. A non -conforming sign shall not be re-established after damage or destruction of more than fifty ( 50 ) percent of its replacement value, including destruction by an Act of God. Abandoned Signs and Advertising Displays Lawfully erected signs or advertising to activities or occupants that are property shall be removed from the pr( on such signs shall be removed and c ninety (90) days after the associ, occupant has vacated the premises. p abandoned if the occupants are no business for a period of ninety (90) shall be in accordance with proper requirements. displays pertaining no longer using a �mises, or sign copy Dvered over, within ited enterprise or sign is considered longer conducting days. Such removal health and safety A written notice of this determination will be sent or delivered to the sign owner. The owner shall have 30 days to remove the sign or provide the Department of Community Development with evidence that the use has not been discontinued. The Planning Commission shall review all evidence and shall determine whether or not the sign is abandoned. All signs not removed within the required 30 day period, shall be in violation of the Code and owners of the sign and owners of the property shall. be subject to penalties for violations under the Enforcement and Penalties provisions of this Chapter. Abatement of Illegal Signs in Public Right -of -Way Any sign installed or placed illegally on public property or easements, except in conformance with requirements of this Chapter, shall be forfeited to the public and subject to confiscation. In addition to other remedies, the City shall have the right to recover from owner the full costs of removal and disposal of the sign. An account of all costs for confiscation, removal and/or disposal shall be maintained by the Community Development Department. A noticed public hearing before the City Council shall be scheduled and said notice shall be served on the sign owner. At the hearing an itemized report showing all costs shall be presented to the Council. The City Council may make revisions, corrections or modifications to the report. The report, together with the charges, shall" be confirmed or rejected. The total costs of abatement including all 45 Ordinance No. 1077 administrative costs shall constitute a special assessment against the sign owner. H., Enforcement, Legal Procedures, and Penalties 1. Enforcement, legal procedures and penalties all with recovery costs shall be in accordance with the following provisions and any provisions of state law as may be amended from time to time. a. Notice of Violation - Where it is determined that a sign has been erected or installed in violation of this Chapter, improperly maintained, the permit has terminated or been revoked or is otherwise in violation of this Chapter, written notice of this determination and the grounds therefore shall be sent or delivered to the owner of the sign or, where ownership is not known, to the owner of the property where the sign is posted. If the notice cannot be sent or delivered to the owner of the sign, then the notice shall be attached to the sign. The notice shall give the owner 30 days to remove the sign or to appeal the determination and shall include instructions for how such appeal may be made. b. Appeal - To appeal the determination, the sign owner or permittee shall file a written request along with appeal fees with the Community Development Department. A hearing notice setting forth the time and place of said hearing before the Board of Appeals shall be sent to the sign owner or permittee. The Board of Appeals as provided for in the Uniform Building Code shall be empowered to make decisions on the determination and shall be final, unless further appealed in writing to the City Council within 7 days of the Board of Appeals action. The sign owner or permittee shall, within 7 days, following the finality of the determination and order of the Board of Appeals, or the City Council if appealed commence the repairs or improvements or removal ordered, and such work shall be completed within 90 days from the commencement thereof. 46 ordinance No. 1077 C. Removal - If no response is made to the Notice of Violation the sign may be removed by the City. The sign will be stored by the City for a period of up to 30 days and may be reclaimed by the owner after the payment of all removal and storage costs. A reasonable time period for payment may be established on a case-by- case basis, upon mutual written agreement of the City and sign owner. If the sign is not reclaimed within such time, it may be destroyed or disposed of by the City. The owner's right to reclaim the sign upon payment of costs shall be set forth in the Notice of Violation. In the event the owner does not reclaim the sign, cost recovery can be enforced by the City through the cost recovery mechanism identified in Section 9405 H.l.f of this Chapter. d. Removal without notice of nominal value signs - Notwithstanding any other provision herein to the contrary, signs in the public right-of- way or easements excepting approved political signs, if posted in clear disregard of the provisions of this chapter, may be removed and destroyed without notice or hearing. Signs constructed of cloth, paper, cardboard or scrap wood, with hand drawn or painted lettering, unframed and unmounted or staked to the ground or nailed to a post and any other sign believed to have a value of less than $200 may be determined by the Director of Community Development to have nominal value. e. Civil and Legal Procedures - Notwithstanding the enforcement tools described in this Chapter, the City may concurrently utilize all available criminal and legal penalties available to it including infraction and misdemeanor citation provisions contained in Section 1121 of the Tustin City Code. f. Cost Recovery - The City shall have the right to recover from the sign owner the full costs of legal remedies, confiscation and disposal of said sign. An account of all costs for confiscation, removal and/or disposal shall be maintained by the Community Development Department. A noticed public hearing before 47 Ordinance No. 1077 the City Council shall be scheduled and said notice shall be served on the sign owner and/or property owner. At the hearing an itemized report showing all costs shall be presented to the Council. The City Council may make revisions, corrections, or modifications to the report. The report, together with the charges, shall be confirmed or rejected. The total costs of abatement including all administrative costs shall constitute a special assessment against the sign owner and/or property owner. 2. In addition to the above procedures, the City may declare all illegal on -premise signs as a public nuisance subject to the following procedures. As part of the procedure the City may order a special assessment and lien. a. The City Council may declare, by resolution, as public nuisances and abate all illegal on premises advertising displays located within its jurisdiction. The resolution shall describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the county or city assessment map and its street address if known. Any number of parcels of private property may be included in one resolution. b. Prior to adoption of the resolution by the City Council, the City Clerk shall send by 1st class mail not less than a 10 days written notice to all persons owning property described in the proposed resolution. The notice shall be mailed to each person on whom the described property is assessed on the last equalized assessment. roll available on the date the notice is prepared, notice shall also be posted 10 days prior to the hearing. The notice shall state the date, time, and place of the hearing and generally describe the purpose of the hearing and the nature of the illegality of the display. 1. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front 48 Ordinance No. 1077 of the property on or in front of which the display exists. 2. The notice shall be substantially in the following form: "NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY Notice is hereby given that on the . day of , 19 , the City Council of the City of Tustin adopted a resolution declaring that an illegal advertising display is located upon or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the office of the City Clerk. All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the City Council of the City of Tustin to be held , when their objections will be heard and given due consideration. Dated this day of , 19 (Title) City of Tustin" 3. At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the on -premises advertising display. The 49 Ordinance No. 1077 decision of the City Council is final. If objections have not been made or after the City Council has disposed of those made, it shall order the enforcement officer to abate the nuisance by having the display removed. The order shall be made by motion or resolution. The enforcement officer may enter private property to abate the nuisance. Before the enforcement officer arrives, any property owner may remove the illegal on - premises advertising display at the owner's own expense. 4. In any case in which an order to abate is issued, the City Council, by motion or resolution, may further order that a special assessment and lien shall be limited to the costs incurred by the City, in enforcing abatement upon the property, including investigation, confiscation, removal, disposal, clerical, and other related costs. An account of the cost of abatement of an illegal on -premises advertising display in front of or on each separate parcel of property shall be submitted to the City Council for confirmation an itemized written report showing that cost. A copy of the report shall be publicly posted for at least three days, prior to its submission to the City Council. At the time fixed for receiving and considering the report, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution. 50 Ordinance No. 1077 I. Compliance with State and Federal Regulations Nothing contained in this Chapter shall be construed as permitting signs which violate State or Federal law, or as eliminating the necessity of full compliance such laws affecting erection or maintenanceof signs J. Severability All of the provisions of this Chapter shallbe of construedth accomplish the purpose ese regulations. If any p together in order torovision of this Chapter 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 Chapter shall continue to be fully effective. 9406 -9411 CHARTS The following charts provide general regulations for signs defined in Section 9402. The regulations also serve as guidelines for sign programs and zoning districts. Each class of sign has specific regulations designed for a particular use ofthe identifies class n. These regulations are provided in a matrix format which ign area, quantity, height, location, of signs, type of signs, s illumination and permit requirements. Additional sign regulations are contained in Section 9403 and 9404. 9412 GRAPHICS The following graphics illustrate various types of signs, building frontage and sign area calculations. PASSED AND ADOPTED at a regularadjourned meeting of the City Council of the City of Tustin, California held on the of , 1990. Attest: Mary E. Wynn City Clerk A:SIGNS2:SP:kd\or1077-2. 1�4 W h- ,o 0 o• tr C C a I- w tr OL U O C O C c 2 A ✓ N .C�. CC "a w 0L. C O .r. L w 7 O O 0 r Ofim✓ A 01 V d �- C L ✓ ✓ c �- O •o a• C ✓ N ` w OI ✓ L O O A✓ N C tJ to N v- A v- -� �- O _. t_ 0 0 79 O C t_ O a C 2 .r o A M41 E t0 31E Edi C aEi . u�d3E�^ a C 0► A a. 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E C •� J+ C w C >• C >• v a+ C 4) O t /0_SCA 01 L. L d) L� L O t� N C 0N— ++ C C ++ C Vf O N N O 0-0 O C LL. -- LL.O O"0 O C U. •� LL.O 3 W _/• O V Vf N u L 4) � +L+ W W W D W H d d d d J OC L 41 • W +� W aJ W W O a c a+ ..+ W W C L O L- 3 t0. 'N0 C y C N C y C J V t W L N N W L •- O C W 3 v 3 C W> W L W L •� W> W L W L • W C N ' y J --� O- dJ d W 3 to 6j cc 3 J dJ vQ� d! OTT J c •> 1i .-. W E V L C /O E V 0 L 3 0 H S ��. -4O ui W Z Z C c W .r C O v � � d aL+ 9- d N + N N u �Of Ql L ALJ ALJ to L QOI. W a.+W C a a +W+ C C L. Cw Ow- O 04- OC yL NOCV v M a.+ v Nw ..+( W N_ 8 d/ d! aJ d! dl �- d W oC C O N L+• C L O C 9— W -+C O 3 f >- O W c0. cCo O W C C— C O O L O W N W N 1-0 > .3 W •> ` dLj C •� L N .V CL J V a+ w- v- N d� N v- W O d a+ 7 ++ C C C ++ d V V m •N P- d d L C u dl L G Q� m"Dw-►W- W U co a N ]1 O[ F-' J J H t � J LAJ �- s _ W J 7 C 1 or N _ v p" W It Li.t d. La OL C2 N U- 0 O w CL ,. c �. c a o CO O N -� C N ✓ a v+ o► _ a '' ✓ C A O N V N O �+ Q C✓✓ E A a' O .� cj a .+ N L al d ..- C U c ✓ 1 r .... N 5 N s Q P ection No.9412 Sign Area -Measurements Definition of Sign Area Measurement by Sign Type: Width x Height -Sign Area Rectangular Signs Wall or Freestanding Canister Signs Sign Copy �wath� OTHER SHAPES Width r s r m G = P Width Width Window Signs I I Width Attached Sign's Channel letter Signs S-igil, :3= rc _0 P 1 1 = 1 � 1 1 Width Width . LL, 4,1V 11 A*U-:J'-t 1 4- --- Building Frontage Calculations I i<_ E F. Ell Width A width B Store A= Height A x Width A Store B= Height B x Width B GUIDELINES. FOR DETERMINING SIGN LOCATION VISUAL CLEARANCE AND PUBLIC SAFETY AREA Visual Clearance _ -Area to _ Remain Clear Street �—Curbline Public Right -Of -Way p Sidewalk 4 CD .�- ..1 0. 2 5 o ' ILA Driveway 1 ' a. or Ailey _ O �. C O • • C O ' C Min.20' wide , •' : o Public Safety Area - = •, Q_ Grade Projecting Sign Building tine Sign Area ---el— Projecting Sign l ypes of Signs L m E V E X ca f._.. Grade Sign Area Construction Sign C1nn Alen a Z S D E X .ca Ab _ �cA•�;�_ wy p \see � Restrictions Sections 9403-9411 Rendering Optional Grade Section No.9412 Types of Signs see Restrictions Arcade Section. ;n CAntinne Qdfl_'I-4d11 rd opy Sign vection No.9412 Types of Signs Wall Sign (Channel Letters/ Plaque Facade Window Sign ,,." Roof Signs Projecting Sign see Restrictions in Se tions 9403-9411 Marquee Parapet Window Sign