HomeMy WebLinkAboutPH 1 SIGN ORD 85-1 03-04-85AC ~N ~ PUBLIC HEARING
Inter- Com
4, 1985
TO:
FROM:
SU BJ ECT:
HONORABLE I~AYOR AND CITY COUNCIL
COI~UNITY DEYELOPHENT DEPARTN£NT
SIGN ORDINANCE AMENDMENT NO. 85-1:
POLITICAL SIGNS
BACKGROUND AND DISCUSSION:
The City Council on January 21, 1985 discussed proposed amendments to the sign
ordinance related to political signs.
A draft ordinance was prepared incorporating the directions of the Council and a
public hearing was advertised and held by the Planning Commission on February
25, 1985.
The Planning Commission considered the proposed ordinance and desired an
amendment that would authorize three political signs rather than the currently
authorized one sign in the parkway abutting any property line. By Resolution
No. 2216, the Commission recommends to the City Council the amendment of Section
9483 of the Tustln Municipal Code pertaining to political signs.
The draft ordinance addresses the following amendments:
1. a definition of political signs;
2. an increase from $50 to $100 in the amount of the bond from each candidate
to assure removal of political signs;
3. limits the posting of signs to 30 days prior to anelection;
4. authorizes by ordinance the posting of signs in parkways subject to
conditions.
5. restricts the size of political signs to 32 sq. ft. in non-residential
zones.
6. establishes the right of the city to recoup the cost of removal and to
destroy signs that are illegally posted and not reclaimed within 48 hours.
7. makes it a violation of the Code to deface or destroy a political sign.
It is expected that increased compliance with the sign code will be gained by
including all provisions of the code in one document that can be furnished
political candidates upon their filing for election.
The proposed ordinance also incorporates the content of Resolution No. 80-20
which authorizes signs in the public parkways, subject to limitations and
restrictions.
City Council Report
Political signs
page two
The proposed amendment to the Municipal Code has been advertised for a public
hearing before the City Council on March 4, 1985.
Attached for your consideration is Ordinance No. 928-A, as drafted and presented
to the Planning Commission for public hearing, (which incorporated the content
of Council Resolution No. 80-20 authorizing one (1) sign in the public parkway)
and draft ordinance No. 928-B (amending Section 6a), by the Planning Commission
to authorize three (3) signs in the public parkway.
RECOf~4ENDATION:
Following the public hearing, it is recommended that the city council determine
if they wish to limit signs in the public parkway to one (1) sign in accordance
with existing policy or authorize three (3) signs in the parkway as recommended
by the Planning Commission. Upon determination, ordinance No~ 928-A or
No. 928-B can be introduced as applicable, amending Section 9483 of the Tustin
Municipal Code pertaining.to political signs.
Director of Commnity Development
DDL:do
attach:
PC Resolution No. 2216
Draft Ordinance No. 928-A
Draft Ordinance No. 928-B
Council Resolution No. 80-20
Section 9483, Municipal Code
Community Development Department
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RESOLUTION NO. 2216
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL AN AMENDMENT TO SECTION 9483 OF
THE TUSTIN MUNICIPAL CODE PERTAINING TO POLITICAL
SIGNS
The Planning Commission of the City of Tustin, California, does hereby
resolve as follows:
II.
The Planning Commission finds and determines that:
A. The indiscriminate posting and abandonment of political signs
creates liter, visual polution, and a liability upon the general
public for the removal of illegal and abandoned political signs.
B. A public hearing was duly advertised and conducted by the
Planning Commission on February 25, 1985 for the purpose of
considering amendments to the Tustin Municipal Code to regulate
the posting of political signs.
C. Further restrictions on the posting of political signs are
warranted in the public interest.
Said regulations are exempt from the requirements of the
California Environmental Quality Act.
The Planning Commission hereby resolves that:
The Planning Commission hereby recommends to the City Council that
Section 9483 of the Tustin Municipal Code be amended in accordance
with the intent of the draft ordinance as attached hereto and a part
hereof.
PASSED AND ADOPTED at a regular meeting of the Planning Commission held on
the day of , 1985.
RONALD H. WHITE,
Chairman
DONNA ORR,
Recording Secretary
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ORDINANCE NO. 928-A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AMENDMENT OF ORDINANCE
NO. 684, ARTICLE III, SECTION 1 AND ARTICLE VIII,
SECTION 4, THEREBY AMENDING SECTIONS 9430 AND 9483
OF THE TUSTIN MUNICIPAL CODE, REGARDING THE REGULA-
TION OF POLITICAL SIGNS
NOW, THEREFORE, the City Council of the City of Tustin,
California, does ordain as follows:
Section 1: Section 9430 of the Tustin Municipal Code is
amended to add the following definition, integrated in alphabetical
order, to read as follows:
"'Political Sign' means 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 per-
sons, groups or parties of the political views or
policies."
Section 2: Section 9483(1) of the Tustin Municipal Code is
amended as follows:
"(1) Any person, party or group posting political
signs in the City having to do with any issue, ballot
measure, ballot proposition, candidate or group of
candidates in any district, municipality, community,
state or federal election, shall first post a bond
or cash deposit in the amount of $100 with the City
of Tustin."
Section 3: Section 9483(2) of the Tustin Municipal Code is
amended as follows:
"(2) All political signs shall be placed no earlier
than 30 days prior to the election and shall be
removed not later than 48 hours following the date
of the election. In the event all signs are not
removed within the specified time period, or are
posted prior to the specified time period, the bond
or cash deposit shall be forfeited in its entirety,
and the City shall have the right to remove and
dispose of same. Any person, party or group posting
political signs in violation of this Chapter shall
be charged pursuant to the General Penalty provisions
of this Code."
Section 4: Section 9483(3) of the Tustin Municipal Code is
amended as follows:
"Compliance with Section 9444(c) of this Chapter
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which prohibits the fixing of any sign on any public
property, including any tree, traffic sign, traffic
signal post, or any other official traffic sign or
traffic control device or within any public right-
of-way, except as specifically provided in Section
9483(7) of this Code."
Section 5: Section 9483(6) of the Tustin Municipal Code is
amended as follows:
"(6) Political signs in other than residential
districts shall be limited to a maximum aggregate
sign area of 32 square feet."
Section 6: Section 9483(7) of the Tustin Municipal Code is
amended as follows:
"(7) Political signs are authorized in parkways
(defined as the area between the curb line and
the private property line), subject to the follow-
ing procedures, conditions, and penalties:
a) Only one political sign shall be permitted
on any abutting property line.
b) Political signs shall be limited to
) square feet in size and three (3)
feet in height.
c)
Political signs in the parkway shall
require the permission of the abutting
property owner.
(d)
Political signs in the parkway shall not
be attached in any manner to any traffic
control device, tree, street light, or
utility pole, nor placed so as to impede
pedestrian walkways.
(e)
Political signs in the parkway shall be
located so as not to obstruct the vision
of motorists and shall be prohibited in
any area designated by the City Engineer
as a hazardous area.
(f)
Any person, party or group posting polit-
ical signs in the parkway 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
political signs in the public right-of
way."
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Section 7: Section 9483(8) of the Tustin Municipal Code is
amended as follows:
"(8) Signs in violation of this Code shall be
removed by the City and destroyed if not claimed
by the owner within 48 hours and payment made
to the City for the direct costs incurred in the
removal of said signs."
Section 8: Section 9483(9) of the Tustin Municipal Code is
amended as follows:
"(9) Any person who intentionally defaces, oblit-
erates, tears down, or destroys any political sign
shall be charged pursuant to the General Penalty
provisions of this Code."
PASSED AND ADOPTED by the City Council of the City of
Tustin, California, this day of , 1985.
Mayor
ATTEST:
City Clerk
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ORDINANCE NO. 928-B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AMENDMENT OF ORDINANCE
NO. 684, ARTICLE III, SECTION 1 and ARTICLE VIII,
SECTION 4, THEREBY AMENDING SECTIONS 9430 and 9483
OF THE TUSTIN MUNICIPAL CODE, REGARDING THE REGULA-
TION OF POLITICAL SIGNS
NOW, THEREFORE, the City Council of the City of Tustin,
California, does ordain as follows:
Section 1: Section 9430 of the Tustin Municipal Code is
amended to add the following definition, integrated in alpha-
betical order, to read as follows:
"'Political Sign' means 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 per-
sons, groups or parties of the political views or
policies."
Section 2: Section 9483(1) of the Tustin Municipal Code is
amended as follows:
"(1) Any person, party or group posting political
signs in the City having to do with any issue, ballot
measure, ballot proposition, candidate or group of
candidates in any district, municipality, community,
state or federal election, shall first post a bond
or cash deposit in the amount of $100 with the City
of Tustin."
Section 3: Section 9483(2) of the Tustin Municipal Code is
amended as follows:
"(2) Ail political signs shall be placed no earlier
than 30 days prior to the election and shall be
removed not later than 48 hours following the date
of the election. In the event all signs are not
removed within the specified time period, or are
posted prior to the specified time period, the bond
or cash deposit shall be forfeited in its entirety,
and the City shall have the right to remove and dis-
pose of same. Any person, party or group posting
political signs in violation of this Chapter shall
be charged pursuant to the General Penalty provisions
of this Code."
Section 4: Section 9483(3) of the Tustin Municipal Code is
amended as follows:
"(3) Compliance with Section 9444(c) of this Chapter
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which prohibits the fixing of any sign on any public
property, including any tree, traffic sign, traffic
signal post, or any other official traffic sign or
traffic control device or within any public right-
of-way, except as specifically provided in Section
9483(7) of this Code."
Section 5: Section 9483(6) of the Tustin Municipal Code is
amended as follows:
"(6) Political signs in other than residential
districts shall be limited to a maximum aggregate
sign area of 32 square feet."
Section 6: Section 9483(7) of the Tustin Municipal Code is
amended as follows:
"(7) Political signs are authorized in parkways
(defined as the area between the curb line and the
private property line), subject to the following
procedures, conditions, and penalties:
(a) No more than three political signs shall
be permitted on any abutting property
line.
(b) Political signs shall be limited to ~'~'(~ ~ ~ ~'
t~rr~ {3) square feet in size and t~ee-{ ~
~2~%-feet in height.
(c
(d
(e
(f
Political signs in the parkway shall
require the permission of the abutting
property owner.
Political signs in the parkway shall
not be attached in any manner to any
traffic control device, tree, street
light, or utility pole, nor placed so
as to impede pedestrian walkways.
Political signs in the parkway shall
be located so as not to obstruct the
vision of motorists and shall be pro-
hibited in any area designated by the
City Engineer as a hazardous area.
Any person, party or group posting polit-
ical signs in the parkway 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 polit-
ical signs in the public right-of-way."
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Section 7: Section 9483(8) of the Tustin Municipal Code is
amended as follows:
"(8) Signs in violation of this Code shall be
removed by the City and destroyed if not claimed
by the owner within 48 hours and payment made to
the City for the direct costs incurred in the
removal of said signs."
Section 8: Section 9483(9) of the Tustin Municipal Code is
amended as follows:
"(9) Any person who intentionally defaces, oblit-
· erates, tears down, or destroys an~ si~siggn~
shall be charged pursuant to the G~neral Penalty
provisions of this ~c-"
0 ~'~'~
PASSED AND ADOPTED by the City Council of the City of Tustin,
California, this day of , 1985.
Mayor
ATTEST:
City Clerk
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qE~OL. UTI ON NO. ~0-20
A qESOLUT~ON OF TH~ CITY COUNCIL OF
CITY OF -USTIN, AUTHORIZING PLACE?~NT OF
pQL~TZ~ SIGN5 IN TH~ ~UaL~C ~IGHT-O~-
'NA Y.
A. That political signs ~rovi~e a Duoli¢ service in info~ming
coming elections.
8, That Orainance NO, ~8~ C$1gn Ca~et enaOles signs
Counc[t.
C. Signs in the parkway s~all require the permission of the e~utting
prooerty o~er.
O. Signs s~all not Be attec~ed in any ma.nar to any trestle control
in the puDlic right-of-way.
paymen~ of two dollars ($2.~01 f.Jr each violating sign.
S-te~.nen L. SChUSter
~yor
A'i-I'EST:
~utM C. Poe
City Clerk
SIGN CONTROLS
9482]= (1)
(1) Tem~orar~ Business IdentificatiOn or Directional Signs - necessitated
by action of ~e Ci=y ~ ~e ac~sition of righ=~f-way, s~ee= ~rove~n=s
~d p~lic works proJec~s.
(2) ~lic Semite Facility Si~s - place4 on private pro~y or on
p~lic righ=-of-way wi~ ~e app~val .of ~e Ci=y ~gineer.
(3) Off-~e-~se Direction~ Si~s - b~ p~lic se~ice facili~es wi~ a
~= of ~e Cl~ ~g~eer ~ accor~ce wi~ ~e Unifo~ ~affic
~vices ~1.
(4) ~ Pr~se Direc~onal Si~s - not exce~ng s~ (6) sq. ft. ~r face
~r 4 ft. ~ height, l!~=ed ~ one si~ ~r s~ee: ~ceway or
~ce. Ill--ted si~s shall re~e ~ elec~ic~ ~t ~d fee. (~d.
~. 684, ~. VIII, S~. 3)
9483 ~LITI~ SI~S
~litic~ si~ ~v~g ~o ~ wi~ ~y issue, c~didate or ~ of c~dida~es
~ ~y ~s~ic=,~ici~l, ~, s~te or feder~ elec=ion shall ~
s~jec~ ~ ~e foll~g*
(1) ~y ~r~n, ~y or ~,~ ~s~ng ~li~c~ si~s sh~l fi~t ~s~ a
~n4 or cash 4e~slt ~ ~e ~ of fifty doll,s ($50) wi~ ~e Ci~ of
(2) ~1 s~ si~s s~ll ~ re~v~ no~ lat~ ~ fo~y-eigh~ ho~s fol-
l~g ~e 4a~ of ~e elec~on. ~ ~e even= ~1 si~s ~e ~t re~ved wi~
~e s~cified ~ ~ri~, ~e ~na sh~l be forfeited in its entirety,
~ty sh~l have ~e righ= ~ r~ve~4 ~s~se of
(3) C~li~ce wi~ Scion 9444c of ~is ~apter ~i~ proh~i~
aff~g of ~y si~ on.~y ~, ~affic si~ ~st, ~affic si~l ~st, or
o~er offict~ ~affic si~ or traffic consol device.
(4) ~e ~ssion of ~e p~y o~er for si~s on private
(5) Sl~s ~ resid~al ~s~ic=s sh~l ~ l~ted ~ 6 sq. f~.
c~da=e or issue wi~ ~ aggregate si~ ~ea of 18 sq. ft. (Ord. No.
684, ~. VIII, Sec. 4)