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01 CODE AMEND 06-005-ORD 1321 01-02-07
AGENDA REPORT MEETING DATE: JANUARY 2, 2007 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 06-005-ORDINANCE N0. 1321 SUMMARY Code Amendment 06-005 consists of proposed amendments to the City's Sign Code. Most of the proposed amendments pertain to signs in the public right of way, including real estate open house signs, political signs, and human signs. Less significant changes include: a revised definitions section, a revised hearings and appeals section, larger permitted banner signs for some freeway-facing buildings; and the addition of a permitted sign type -temporary signs for nonprofit organizations. Code Amendment 06-005 was considered by the Planning Commission on November 13, 2006, and was continued to November 27, 2006, at which time the Planning Commission adopted Resolution No. 4043, recommending that the City Council adopt Code Amendment No. 06-005 to amend Chapter 4 "Sign Regulations" of Article 9 of the Tustin City Code. Applicant: City of Tustin RECOMMENDATION: That the City Council conduct a public hearing; .introduce, and have the first reading of Ordinance No. 1321 approving Code Amendment 06-005; and, set for second reading at the Council's next scheduled meeting. FISCAL IMPACT: Code Amendment 06-005 is aCity-initiated project. It is anticipated that the adoption of Ordinance No. 1321 may result in a cost savings to the City due to a reduction in code enforcement staff time needed to enforce signs in the public right of way. ENVIRONMENTAL: The proposed code amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) City Council Report Code Amendment 06-005 Page 2 of 5 because it has no potential for resulting in physical change to the environment, directly or indirectly. BACKGROUND AND DISCUSSION Chapter 4 of Article 9 of the Tustin City Code contains the City's sign regulations. These regulations were .adopted in 1991 as part of a comprehensive sign code amendment. Subsequent amendments addressing specific subject areas were adopted in 1993 and 1995. One of the objectives of the City's sign regulations is to maintain and enhance the quality of the City's appearance. This objective is achieved by avoiding sign clutter, promoting uniformity, and limiting off premises signs in order to control sign proliferation. The Sign Code also aims to ensure that all signs are inherently safe and do not pose a hazard to pedestrian or vehicular traffic. Furthermore, signs should primarily identify and provide directions to businesses and events rather than to serve as a form of advertisement. In response to community concerns focusing on the proliferation of signs in the public right of way, City staff identified the need to review the City's sign regulations pertaining to signs in the public right of way. The signs of greatest concern at this time are human signs, off- premises real estate open house signs, and political signs. The City's current Sign Code prohibits human signs, but allows off-premises real estate open house and political signs to be placed in the public right of way. Although the size, duration, and placement of real estate and political signs are regulated, the current standards do not limit the number of these signs allowed in the public right of way. In recent years the number of signs posted on public property has increased, causing significant blight. The issue is difficult to address under the existing Sign Code because real estate and political signs are not prohibited nor effectively limited in number. During the past two years City staff has removed thousands of real estate and political signs that did not comply with the City's sign regulations. In addition, City staff met with groups of realtors on April, 28, 2004, and May 09, 2005, to discuss the existing Sign Code and to encourage compliance. The City's education and enforcement efforts have brought most real estate signs into substantial compliance with the Sign Code, but there are a number of main thoroughfares in the City that are frequently lined with dozens of real estate signs posted in the right of way. City staff has contacted the staff in a number of cities in Orange County and has found that most cities prohibit signs in the public right of way. These cities also generally limit the number of signs allowed per street frontage on private property. The survey results are shown in Attachment A. City Council Repo Code Amendment 06-005 Page 3 of 5 Planning Commission Workshops On August 28, 2006, and September 11, 2006, the Planning Commission conducted workshops, discussed issues related to signs in the public right of way, and provided staff with general direction to tighten the sign regulations and definitions and to reduce the need for interpretation of the sign regulations. The following major issues pertaining to signs in the public right of way were identified and discussed at the Planning Commission workshops: 1. Proliferation of signs in the public right of way. 2. Length of time open house signs remain posted. 3. The use of open house signs for advertising purposes. 4. Competition among real estate agents. 5. Frustration with interpretation of sign regulations. 6. Unclear definition of open house. 7. Reliance on signs in the public right of way. 8. Time dedicated to sign enforcement. 9. Sign clutter. 10. Distraction to motorists. Meeting with Real Estate Professionals On October 9, 2006, the Community Development Department hosted an informational meetin with approximately 60 real estate professionals. The purpose of the meeting was to discuss the City's existing sign regulations for open house signs, the issues associated with the existing sign regulations, and ways to address these issues through changes to the existing regulations. Many of those in attendance asked questions of staff and offered suggestions. Staff requested that suggestions for changes to the City's sign regulations be put in writing and provided to City staff prior to, or at, the Planning Commission and City Council public hearings on the matter. Included in Attachment B is the written correspondence on this issue received by staff as of December 22, 2006. Draft Ordinance No. 1321-Proposed Amendments to Sig_n Re,, ulations In coordination with the City Attorney, the Community Development Department has developed a comprehensive set of proposed regulations that would amend the sign regulations in Chapter 4 of Article 9. Most of the substantive changes in the regulations pertain to signs in the public right of way. The proposed ordinance would allow real estate open house signs, political signs, and human signs in the public right of way provided that they comply with certain regulations. The proposed regulations for real estate open house signs would effectively limit the number of such signs while still providing for an adequate number of locations at which to provide directions to open houses. The regulations for political signs would not change the allowable locations, but would reduce the number of days that they could be posted from 90 days to 30 days prior to an election. Currently City Council Report Code Amendment 06-005 Page 4 of 5 prohibited under the existing Sign Code, human signs of up to three (3) square feet would be allowed more than 200 feet from street intersections so that individuals would still have the opportunity to exercise their freedom of speech (which includes signs) in the public right of way. Less substantive changes include regulations that have been relocated in Chapter 4; some additional, deleted, relocated, or amended definitions; expanded sections regarding hearings and appeals; larger permitted banner signs for some freeway-facing buildings; and the addition of a permitted sign type -temporary signs for nonprofit organizations. The increase in the permitted banner size was proposed in response to .a request by the Tustin Chamber of Commerce that there be more flexibility in the Sign Code with respect to banners on larger buildings. The proposed amendments contained in draft Ordinance No. 1321 incorporate many of the suggestions made by the Planning Commission at the Sign Code workshops and by real estate professionals at the October 9, 2006, meeting and in written correspondence to the Community Development Department. Code Amendment 06-005 was scheduled for a public hearing before the Planning Commission on October 23, 2006, which was continued to the November 13, 2006 meeting of the Planning Commission. The public hearing was held on November 13, 2006, and was continued to November 27, 2006, so that Draft Ordinance No. 1321 could be revised based on input received from the Planning Commission. Staff identified three distinct alternatives for consideration with respect to regulating signs in the public right of way: 1) Prohibit signs in the public right of way, 2) Make no changes to the City's existing sign regulations, or 3) Adopt the changes proposed in draft Ordinance No. 1321. On November 27, 2006, the Planning Commission selected the third option and adopted Resolution No. 4043, recommending that the City Council adopt Code Amendment No. 06-005 to amend Chapter 4 "Sign Regulations" of Article 9 of the Tustin City Code. The most significant proposed amendments can be summarized as follows: Real Estate Open House Signs • Prohibit between 7:00 p.m. and 9:00 a.m. • Allow open house signs between 200 feet and 500 feet of a street intersection. • Prohibit more than eight open house signs in the vicinity of any one street intersection and no more~than two open house signs per corner. • Require open house signs on any streets identified in the Arterial Highway Plan of the Tustin General Plan to be generic and on public streets prohibit more than eight open house signs per open house. • Along public streets, allow a maximum of one sign per open house per change of direction. City Council Report Code Amendment 06-005 Page 5 of 5 • Allow a maximum size of 36 square inches for responsible party information on open house signs. • Prohibit open house signs that provide directions to houses for sale outside of Tustin. Political Signs • Allow political signs within the public parkway no more than 30 days prior to the election and no more than seven days after the election. • Require the written approval of the owner of a single family residence when a political sign is posted in the public parkway directly adjacent to the single family residence. Human Signs • Prohibit within 200 feet of any street intersection. • Prohibit human signs larger than three (3) square feet in size. • Prohibit human signs that block the visibility of traffic control devices or signals. • Require human signs on public sidewalks to yield to pedestrians. • Prohibit spinning, twirling, swinging, orgirating. Findings in support of the adoption of Ordinance No. 1321 are included within the Ordinance. Scott Reekstin Senior Planner Elizabeth A. Binsack Community Development Director Attachments: A. Sign Survey B. Correspondence from real estate professionals C. Planning Commission Resolution No. 4043 D. Ordinance No. 1321 E. PowerPoint Presentation available on January 2, 2007) S:1Cdd1CCREPORTICA 06-005 Sign Code.doc ATTACHMENT A Sign Survey iA w. hoc v N ~° ~~rl~ ~ N O ~~oc~C O ~+ O z ~° a~~t ~' ~ ~' ~ :~. ~ :~ ` Q ; ~ a ~ c ~ ;~ C 0 c c c c oC N L~~~~o ~. o c~ c c E,rn ~ N c, c -O d3 ~ ~ ~. ca ~ as z ~ O N sN c ~ ~~t ~o~~. O C C ti` c - v°1 ,~ "~ N o, c 0co ~ ~ ~0 3 torE~ 0 -a N ~ ~ ~ (L ~ p C p C C N ~+ N C ~C +r .C .C N a •~ a o a. ~ ~ a 3 N •~ 'cam ~ ~ a~i ~ °~ o N N ow , o o ~ `,o rN zN o° ago ~ po >> O ~ ~ ~ O 0 a N .~ ~ N .~ ~ O ~ . C 'C ~_ 0 ~ ~ ~ o - L o ,_ c .c ~ 0o ~- ~o y- r ~ ~o w r ~, a~~ o ~ c ~a~ c ~ . ff Q o ~ cc N c ~ . oo a ~, avi x= r a ~ v r a c o N .~.. O ~ rn~ c O N ~ ~ o , _ ,rno .` ~ ao ~ o ;~ >+ U1 ~~- >+ N ~~ ~ ~ Or ~ 3 ~ Or = 0 ~ ~ a `' O ~.,~: 0 o c N C C C ~ v o L ~ U ~ ~ ~ N N N c p w > ~ V! _ c~ cco . w~ 30 ° ~ ~~~ ~`~~ o >, _ °~oo ~~ ~ ~ 3~~ oan ~ ~ ~ _ ~ N N ~ E ,~ a~ .a ~ ~, 3 ~ C •o~ ~ L a. D. 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C t~ ~, o~~~~~~ o o ~ ~ ~ o.~o ~ ~ ""~ ~~ ~~ y C C C N ~ ~ '~ ~ ~ C ~ N Z ~ _ to (D ~~ O ,~J Air ~ ~ a~~~~o~ ~ .c3~3~a~a •~ C X _ c~ ~ 0 0 *+ +r 0 ~ _ 0 N V ~~" G ~ G c0~•- ~ C CC~ ~ NE ~.N ~ N~ N~ C ~" O t0 M .C ~ N V `~ H ~ _ N ~ o Q Q ~ ~ N ~ ~ ~ c c ~~ 4, N ~ ~ ~ _ ~ ~U ~ 3 c c c ° ~~ ' ` a~ 0 - o ~ ~~ ~~ c c a c ~_- Zt0 ~- c N~ o aov ~~~ ~~ ~' ,C c V ~ U V ~ ~ ~ .C ~ C ~ ~- 0 Z 3~ •~ ~ -~ • ~ 0 0 0 0 ~~ ui ~ o•~o ~ ~ Z Z Z Z c 3~ }a ~y~v . L ° '- ~' E .~ _ Q ~ ~ N ~ ~ ~ ~ o r +-~ ~ tr0 N '*~ ~ C ~ G V ~ ~~ ~ c c Q o V ~~ m ~~ Y J ~ c c a ~ ~~ = _ O cn to V u) I c X N .~ U ATTACHMENT B Correspondence from real estate professionals Page 1 of 3 Reekstin, Scott From: Karen Lu-Ferguson [vkferg@sbcglobal.netJ Sent: Monday, November 27, 2006 4:23 PM To: Reekstin, Scott; Council Subject: FOR NEW SIGN ORDNANCE To the Planning Commission and Code Enforcement Staff, I have been at pretty much all the meetings the past few years regarding the sign ordinance. From what I have heard from the code enforcement employees they receive about 5 calls each week regarding signs in Tustin Ranch. Out of the total population of Tustin (over 71,000 and growing each day), I can't believe that there has been so much time, attention and $$ spent on this topic. To the planning commission members, I must tell you that at the previous meeting in October (I believe on the 9th} the code enforcement staff had with the real estate community, was not a dialogue, nor was there much information disseminated. They gave a presentation and then whenever there was a comment, question or concern voiced, the agents were told repeatedly to "put it in writing". They were not willing to discuss anything at that time. No notes were taken, nor discussion facilitated. In addition, when asked what the policy included, the staff was not able to answer the question. Even when the code was provided (a fax from the City of the code) directly to the staff, it was dropped like a hot potato and nothing was addressed or answered. If people were to follow the current ordinance there would not be so much of a problem. But for some reason the ordinance has not been followed by the entire real estate community, nor enforced consistently by everyone involved. Generally speaking, there are a few Realtors and brokers who consistently break the policy, but we all suffer for it. Also, there seems to be only a few intersections of most concern to the complainers in Tustin Ranch (e.g., Tustin Ranch & Irvine; Tustin Ranch & Bryan). It seems that Tustin Ranch is the area most complained about and where the most time is spent enforcing the rules. Let's face it, there are a lot more homes on the market right that are staying on the market longer and require more marketing and open houses now than before. Now as for what the staff is proposing, generic signs would not work as the public often times looks for specific agent's name or broker name depending on the advertising that is done. Multi-millions of dollars are spent by the various real estate companies and agents each year advertising open houses so saying that just any sign will do is not the case. In addition, as was mentioned in the last meeting if the agent who put their sign in the ground first is doing their open house from 10-2 and I am doing mine from 12-4 and I am counting on their generic sign to direct traffic to my open house, I will be out of luck come 2:15 when they have picked up their sign and went home. I will not even know this has happened and be wondering why nobody has come to my open house for the last 2 hours. While it is true that a small percentage of homes sell from an open house, there are enough that do; otherwise agents would not be holding so many open houses. If not the one that I am holding open, but the client that I get during my open house that ultimately does not purchase mine, but does purchase another that I show. Another house sold in Tustin and additional $$$ that goes to the city. 11 /27/2006 Page 2 of 3 I think that generally, the current. sign ordinance is sufficient, there just needs to be some sort of communication/education and consistent enforcement. It seems to me that the most violated parts of the code are 1) only having 1 sign per intersection per direction of traffic (which is 2 per intersection ; 2) signs must be a certain distance apart unless there is a direction change; 3) distance from a corner. If there is clarification of the sign code followed up with strict enforcement by the city and real estate community (city can tell the real estate community how we are allowed to enforce the code) then there should not be as much problem. There will ALWAYS be people who will complain about something and nothing will make them happy. They will also be the ones who when their home is for sale will want their house to be held opened every weekend and advertised every week. Here are some more suggestions: Open House signs must include name & number of the licensed agent hosting the open house. Also a person can only be in one place at a time so there should not be signs for the same agent leading to 2 different open houses in different areas at the same time. If there is a team of 2 then there could be 2 open .houses. It makes sense. Open Houses signs should state the beginning time and the ending time of each open house. For example. 1- 5 p.m.). This way the Buyers will know when to go to that particular property and the City will know when the signs should be down. Open House signs may be posted two hours before the open house and two hours after. Two hours to put up and remove signs because sometimes there are extenuating circumstances that prohibit agents from leaving the open house right on time, such as writing an offer). Open House signs must lead to an actual open house on the day the signs are posted, not for the next day or coming weekend. The City should not permanently dispose of open house signs. Offenders should be given a warning with an explanation of the rules. They should then be required to sign that the have read and understand the rules. Agents who continue to disregard the ordinance should be dealt with directly by the City via fines, further restrictions/temporary suspension of signs/etc. The agent's name that appears on the sign should be the responsible party for the placement of that sign. No more than 1 sign per intersection per direction of traffic per agent holding an open house. DO NOT limit the number of agents who can have their signs out on a corner/road. (That could get ugly) . People would be taking other agent's signs down in order to be able to put theirs up. Continue current ordinance of having an agent's open house sign at least 1/4 mile apart from the other. Education and communication of the guidelines utilized by code enforcement in writing is essential to help insure compliance. Keep in mind: 11 /27/2006 Page 3 of 3 • It is not so much the agents who want the open houses, but the sellers who are requesting the agents hold their house open. The Tustin residents who are complaining about signs will complain until they want their home sold. • Every home sold equals more tax dollars into the city of Tustin. • Real Estate agents make a huge $$$ contributions to City events and Schools. Thank you for your consideration, Karen Lu-Ferguson Tarbell, Realtors 11 /27/2006 Page 1 of 1 Reekstin, Scott From: Binsack, Elizabeth Sent: Monday, November 20, 200611:18 AM To: Reekstin, Scott Subject: FW: City Sign Code ECzza6eth A. Binsack Community ~DeveCopment Director City of7ustin 714-573-3031 -----Original Message----- From: Jennifer Palmquist [mailto:jpalmquist4@cox.net] Sent: Friday, November 17, 20061:11 PM To: Binsack, Elizabeth Subject: City Sign Code Hi Elizabeth, After putting our heads together a little bit more we think we have come up with a very simple solution to reduce the signage clutter in Tustin. This is a solution that I think would make the citizens of Tustin happy as well as the realtors. The following would be the way the new code could read... open house signage can only originate at the corner of a major roadway & arterial street closest to the open house. The major roadways can be designated by the city, such as Jamboree, Tustin Ranch Rd, Browning, Red Hill, 17th, Irvine Blvd, Bryan, Newport and EI Camino. They can be designated by usin ci traffic counts. A 9 tY maximum of 2 signs will be allowed at that intersection (major roadway/arterial) and they cannot be on the same corner. Upon leaving the major roadway and traveling down an arterial street the signs must meet the current distance guidelines or a change of direction must occur. This will eliminate all of the unnecessary signage going up and down the major roadways in Tustin. It will also eliminate multiple signs on one corner, because the realtor can only have sign at the intersection of a major roadway closest to the open house, not multiple major roadways. For example, this past Wednesday on broker preview day there were 3 realtors that had signs out in Tustin Ranch: If the above rules had been in force, we counted that 12 signs would have been eliminate. This is a substantial number of signs and multiply that times the additional realtors that have open houses on a Sunday. We think this is a simple solution and it would accomplish the cities goals as well as meet the realtors needs. Thank you so much, Jennifer Palmquist & Rosemary Kral First Team Real Estate 714-505-9383 l l /20/2006 "~` ~~ 4 ~ ~~~~t , s~~~ ~`•~$~ Michael R. Carver, Esq. 2913 El Camino Real #131 Tustin, CA 92782 (714) 235-6633 September 7, 2005 City of Tustin Lou Bone, Mayor 300 Centennial Way Tustin, CA 92780 .FAX: (714) 838-1602 Dear Mayor Bone: Realtor Jeff Jones of Re/Max -Orange County East has a long histo of violatin the . ~' g sigm ordinances and using the City of Tustin as his personal free advertisin s ace. His gp excessive signs have been an eyesore for years. The City of Tustin is aware of his repeated violations. The City has re rimanded Jones p and confiscated numerous of his signs. A few months ago I attended a meeting with Elizabeth Binsac, alon with a roximatel .. g pp y fifteen local Realtors who were themselves complaining about the excessive Realtor signs. Jeff Jones was identified as the main offender. Jones showed u at the meetin . P g with a mysterious stranger who began surreptitiously videotapin the rivate meetin , g p g What a nerve! A criminal complaint has been filed with the Tustin Police De artment p pursuant to California Penal Code Section 632 (a). Jeff Jones continues to disregard the laws that apply to us all. It is m understandin that Y g the sign ordinances allow Realtors to place advertising signs for 0 en Houses when an p Open House is in progress. On September 7, 2005 at 6:50 PM I drove from Irvine Boulevard east into the Peter's Canyon area. I counted at least 40 Jeff Jones si s. 0 en lm p House for Broker's Preview ends at 1:00 PM, so Jones' excessive si s were still u six ~ p hours after they were required to be removed. This example is t ical of his conduct on Yp any Wednesday, Saturday and Sunday. I have seen his excessive si s u at 8:00 PM. ~ p It is my understanding that Tustin Police have ticketed Jones more than once for arkin in bic cle lanes while he uts p g y p his signs out. Why does the City of Tustin allow this habitual lawbreaker to continue? Ire uest to h q ave a meeting with you regarding the above and look forward to our res onse. Y p Very Truly Yours, ~~ Michael Carver, Esq. ;~~~~ 9~ w '~/ ~ Y .E T ;~,, ,mod: ? 1~lichaei R. Carver, Esq, 2913 El Canuno Real, # 131 `Tustin, CA 92782 (7~1~) Z35-633 C ity o f Tustin Attn: Elizabeth Binsack, Community Development Director 300 Centennial Way Tustin, CA 92780 RE: PROPOSED AMENDMENTS TO SIGN REGULATIONS Dear Ms. Binsack: ~VUV 1 3 ~~C6 ~~~ ' r S~p{-Lw~ber ~3~ 2vD6 Thank you for the opportunity to propose amendments to the City of Tustin sign regulations, as set forth in the City of Tustin Code (the "City Code"). As you are aware, the ugly clutter of real estate signs in Tustin is a persistent nuisance that hurts the aesthetics of the local environment. Instead of using real estate signs to give directions to a specific "open house", certain Realtors abuse the existing sign regulations to promote themselves instead of properties for sale. The ugly signs are at the expense of everyone except those Realtors who seek a financial benefit from this method of free advertising. The situation has become so bad that many of the Realtors are complaining about the signs. The current version of the City Code is: City of Tustin Code, Codified through Ordinance No.. 1299, adopted June 6, 2005 (Revision 7-2005). This City Code edition addresses the regulation of signs in ARTICLE 9, CHAPTER 4 SIGN REGULATIONS (Sections 9401- 9413). Section 9401 PURPOSE [OF THE SIGN REGULATIONS] provides requirements for the location, regulation, maintenance and design of signs that meet the following stated objectives: a Maintain and enhance the quality of the City's appearance by avoiding sign clutter and encouraging the coordination ofsigns onmulti-use ormulti-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. cl. Limit ot'f promises signs in .ardor to control si~m proliferation, protect the aesthetic coals of the Cit and maintain the visibility and ~;ffectiveness of on-premises sums. ~ y •. . e. Provide each sign user an opportunity for etfecttve identrfic;atlon while at the same tune limiting the number and area of signs permitted on a site. t; Ensure that all signs are inherently sate and do not pose a hazard to pedestrian or vehicular traffic or property, and to allow security surveillance by re~~ulating view obscuring displays on businesses. (Ord. No. l 077, Sec. 1,10-21-91 } ~s we all knuw, it is easier to identify desired objectives than to structure specific regulations to achieve the objectives. [have tried to draft amendments that balance the benefit and burdens on Cit of Tustin and the Realtor advertisers. These proposed amendments stated below are the y offered to promote the process to create f nal amendments that improve the current regulations. Under Section 9402 DEFINITIONS, the existing City Code defines real estate signs as: "Real estate sign" means a temporary sign advertising the sale, lease or rent of the ro erty upon which it is located, and the identification of the person or firm handling pp such sale, lease or rent. "Open house sign" means a sign which identifies a building for sale or lease which is open and available for inspection, and sets forth no other advertisement. Under Section 9403 SIGN PERMIT REQUIREMENTS, Part (d1 Suns Exempt from Sign Permits/Permitted in all Districts, the existing City Code regulates real estate signs as follows: 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 be used for incidental activities such as providing information re arding lost or found persons, items or pets or directions to garage sales and homes for g 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 one thousand two hundred fifty 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 9403d11(b}; (~ 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. 2 -Iowever the existing City Code falls short of achieving the stated objectives, even if anly because certain realtors refuse to limit themselves to reasonable standards PROPOSALS FOR AMENDMENTS TO THE CITY CODE t#MENDMENT ONE Section 9402 DEFINITIONS shall be amended to include: "(~ en House" means a building for sale or lease which is open and available for inspection by members of the ublic, fur the purpose of its sale or lease. p AMENDMENT Two Section 9403 SIGN PERMIT REQUIREMENTS, Part (d) Signs Exempt from Sign PermitslPermitted in all Districts, currently states: 11. (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 one thousand two hundred fi~y lineal feet of street frontage shall be provided between signs; The proposal is for an Amendment to read: 11. (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 one thousand four hundred and forty lineal feet (480 yards or 0.3 miles) of street frontage shall be provided between signs; The 0.3 mile designation makes it easy for everyone to measure distance by their vehicle odometer. Enforcement of the current distance Regulation isrounded-off to 0.2 miles because 1250 feet is hard for most people to measure. AMENDMENT THREE Section 9403 SIGN PERMIT REQUIREMENTS, Part (d) Signs Exempt from Sign Permits/Permitted in all Districts, currently states: 11. (~ Signs shall be posted only during the hours between sunrise and sunset; 'The proposed Amc;ndment is: 11. (1} (1) On weekends only, real estate signs may be posted only during the hours between sunrise and sunset. However, while the daylight savings time change is in effect, sigms cannot be displayed after b:00 PM; 11. (t} (2) On weekdays (Monday to Friday}, real estate signs cannot be posted prior to one (1) hour before an "Open House" begins or one (1 }hour after the open house ends. I understand that l 1(x(2}may appear burdensome to enforce, but the City could use discretion to target enforcement against repeat violators who intentionally violate the provision. The wording could be modified to suit the purpose. Open House hours are usually posted by a sign at the Open House property. Further, Open Houses during weekdays are not common in Tustin except for the MLS Broker Preview on Wednesdays where typically homes are open for viewing from 10:00 AM till 1:00 PM. Some Realtors are abusing the Broker Preview event to have numerous signs posted till 7:00 PM at night when the event ended at 1:00 PM or so. Most Realtors identify the properties they want to preview from the MLS website, and do not rely on real estate signs to locate properties till they are in the immediate vicinity. Very few members of the general public are viewing properties on Broker Preview except for a few neighbors. Current Section 9403_ 11 (d) refers to "houses for sale" and fails to address Open Houses. when there is merely a "house for sale" but not an Open House event, there is no need to have multiple off-site si s to advertise the property except when the on-site sign cannot be easily seen by people looking for properties for sale. This "loophole" is being used to abuse the purpose of the sign Regulations. AMENDMENT FOUR Section 9403 SIGN PERMIT REQUIREMENTS, Part (d) Signs Exempt from Sign Permits/Permitted in all Districts, shall be amended to include: An Open House sign may not be posted more than one (1) mile by road travel from the Open House property the sign is advertising. 4 ~~iVIEI~Di~IE~1T FIVE There is a maximum allowance of'twelvo (1 ?)real estate si ms to advertise one open house ro ert . if more than one open house is available by one particular real estate p P y agent in one localized [FIX TI~iIS] area, then each additional open house is allowed five (5) sigms additional to the twelve sign maximum For an Open House property. The wording of this Amendment obviously needs to bemore-narrowly draped. The proposed Amendment addresses the problem of sign proliferation. I haven't put a lot of thought into the sigm numbers yet. ~-MENDI~tENT SIX r~~-.~~- - - - Habitual Violators of the Sim Regulations There should be an Amendment to address persistent, intentional violators who are willing to absorb the penalties of City enforcement as a business expense because the benefit to them of tree advertising is greater than the penalties incurred. Those violators could be subject to increased restrictions imposed by the City of Tustin, up to and including a denial of the privilege of advertising through real estate signs. Such a Regulation is based on the "vexatious litigant" statute (California Code of Civil Procedure Section 391 et seq.). Of course, such an Amendmant needs to be especially clear and narrowly tailored. With only three Code Enforcement Officers for the entire Cit of Tustin, it is improper that habitual violators (almost exclusively in Tustin Y Ranch) are wasting the resources of the City. Thank you for your consideration. Very Truly Yours, ~~ Michael R. Carver, Esq. 5 Page 1 ut~ l Steen, Brad From: mercede [mercede@mercedeghofli.com] Sent: Saturday, October 21, 200610:28 AM To: Steen, Brad Subject: sign violation Good Morning Brad, I just left a voice mail as well. There is an open house sign installed on the T junction of Park Center Dr. & Montere street, Directin towards T Ranch Rod. There are no more si ns on an corner of Tu ~ y g ustin 9 y stin Ranch Road and park center, thus direction to nowhere. My understanding of the code is that signs MUST direct to an open house. The same situation ha ened two weekend which I left a message for you. If i am mistaken about the code lease I pp sago p et me know. Other wise, please look into this violation as it happens almost every week end. Thank you ~~tcrcecfe Gho}r Real Estate Broker Associate Prudential California Realty wvvvv. mercedeghofli. com 71 ~. 838.271 11102!2006 Pale 1 ut 2 Steen, Brad ~.,~...~...~..~.....a ~.~...~..~..~._..~...y.~..~...~.Y.....'... From: Anderson, Clayton ~. Sent: Thursday, September 28, 2006 8:57 AM To: Steen, Brad Cc: Wiesinger, George Subject: RE: major concern Oh well!!!! What can you do. P.S. George please take a tougher stand!!! This weekend I am going to remove eve si n in T any sign advertising a business or trade is in violation. ry 9 ustin Ranch. Technically ... _ _... rom: Steen, Brad Sent: Thursday, September 28, 200b 7:30 AM To: Anderson, Clayton; Wiesinger, George Subject: FW: major concern ~~~~.~ From: mercede [mailto:mercede@mercedeghofli.com] Sent: Tuesday, September 2b, 200610:39 PM To; Steen, Brad Cc: Binsack, Elizabeth; Council Subject: major concern Dear Brad, I had called and sent you an a-mail regarding few signs in violations of the Ci si n ordinanc I was hopin that the Ci code enf r ~ 9 eon Saturday 9123!2006. 9 ty o cement officers, would have had a chance to explain the codes to the Realtors violating them, so in the event there were no officers present on Sunda , we would not have again. Y to go thru the same fiasco On Saturday afternoon, around 5 pm, we noticed signs posted illegal! .and within exclusion West corner of Irvine Blvd & Tustin Ranch Road wer Y areas, for example North e left behind but the rest were removed. We thank you for removin most of the illegally installed signs. But are wondering why the rest were left behind. g Attached please find pictures of some of the same signs making the same violations on Sun examples. They were posted and sta ed there thru 5 day. These are just a few Y pm on Sunday. We had a Real Estate company posting two signs in the same corner, for the same open house. Our beloved City looked like a cir ues! Also my husband Adam Ghofli spoke with ou on Monda 912 q behind from Sunda 's 0 y Y 5, at around 1.30 pm regarding an open house sign left y pen House by Mr. Jeff Jones. You said it was too late to take any action on Monda but ou would look into it on Tues. y' y We drove by on Tues., at 6 pm, and guess what, sign is still there! Wh was he told it will obviously there was no intention of loin so. Y be taken care, of when There seems to bear g g oss inconsistency in enforcing these codes. Most of us Real Estate professionals in Tustin Ranch are doing our very best to adhere with what we know to be the correct wa of ostin our si ' Enforcement's lack of consistenc in enforcin them w Y p g gns. But by the Code Y g e are gett-ng hurt financially and in some cases emotionally. It is not fair to us to have our legally posted signs lost in pool of ille all osted si n because the Code Enforcement officers are no ~ g Y p 9 s, resulting lack of exposure, just t around ,or ~n some cases, they MISS some of the signs. There are quite a few Realtors that feel this way, and. most of us live in Tustin as w II the reason behind this intentional i norance. I c e • I am beginning to seriously wonder Enforcem ~ g all it intentional, because the concern has been brought to Code ent Officer s attention repeatedly, by different Real estate professionals and has bee are the purposes of having these codes if the are not bein ~ f n ignored repeatedly. What Y g equally enforced . I like to express my extreme concern and disappointment with how these matters issue for the code enforcement officers but i are being handled. It may not be an __ _t means the world to us!_ Saturdays and Sundays are the most im ortant business days for Real Estate community and this inconsistenc in enforcin these p Also as a home owner in Tustin I do not a Y g cods are hurting us deeply. There should b ppreciate driving thru a cirque of open house signs every Saturday & Sunda . e more attention given to this on going problem and officers should ado t a tou her Y I know you are doing your best in enforcin these codes but I h p 9 and fairer attitude. 9 ope you can appreciate ourconcern. Ignoring some of 11/0212006 Page ? ut~ 2 these violations on weekly bases has become a major issue for most of the Real estate a ents/hom Tustin. Some thing is going to have to be done about this. I ho a soon! g e owners working ~n P Thank you for your time. ~%~er~cE}de ~Fcof ri Real Estate Broker Associate Prudential California Realty vwwv.mercedegho~~i.com 71 ~. 838. 2471 11002/2006 Pabe l o f 1 Steen, Brad ~~ From: mercede [mercede@mercede hofli.com ~~ 9 Sent: Tuesday, September 26, 200610:39 PM To: Steen, Brad Cc: Binsack, Elizabeth; Council Subject: major concern Attachments: IMGP0956.JPG; IMGP0953.JPG; IMGP0954.JPG; IMGP0955.JPG Dear Brad, I had called and sent you an a-mail regarding few signs in violations of the City sign ordinance on Saturda 9/2 l I was hoping that the City code enforcement officers would h Y 3 2006. ave had a chance to explain the codes to the Realtors violating them, so in the event there were no officers present on Sunday, we would not have to o thru the sam again. 9 e fiasco On Saturday afternoon, around 5 pm, we noticed signs posted illegally and within exclusion areas for exam . West corner of Irvine Blvd & Tustin Ranch Road were le pie North ft behind but the rest were removed. We thank you for removing most of the illegally installed signs. But are wondering why the rest were left behind. Attached please find pictures of some of the same signs making the same violations on Sunda .These are 'u examples. They were posted and sta ed there thru 5 m on S Y ~ st a few Y p unday. We had a Real Estate company posting two signs in the same corner, for the same open house. Our beloved City looked like a cirques! Also my husband Adam Ghofli spoke with you on Monday 9125, at around 1:30 pm re ardin an o en house si n behind from Sunday's. Open House b Mr. Jeff Jones. You said ' g g p g left Y it was too late to take any action on Monday, but you would look into it on Tues. We drove by on Tues., at 6 pm, and guess what, sign is still there! Why was he told it will be taken care of whe obviously there was no intention of doing so. - n There seems to be a gross inconsistency in enforcing these codes. Most of us Real Estate rofessionals in Tusti are doing our very best to adhere with what we know to be the corr p n Ranch, ect way of posting our signs. But by the Code Enforcement's lack of consistency in enforcing them, we are getting hurt financially and in some cases emotion It is not fair to us to have our legally posted si ns lost in ool of ille ally. 9 p gaily posted signs, resulting lack of exposure, dust because the Code Enforcement officers are not around ,or in some cases, they MISS some of the si ns. There are quite a few Realtors that feel this way, and most of us live in Tustin g as well. I am begmnmg to seriously wonder the reason behind this intentional ignorance. I call it intentional, because the concern has been brou ht to Co Enforcement Officer's attention repeated) , b different Real e 9 de Y Y state professionals, and has been ignored repeatedly. What are the purposes of having these codes if they are not being equally enforced? I like to express my extreme concern and disappointment with how these matters are bein handled. It ma no issue for the code enforcement officers, but it means the world to - g y t be an _ _ _ . ___ _~_ .___.. us. Saturdays and Sundays are the most important business days for Real Estate community and this inconsistency in enforcing these cods are hurtin us dee I Also as a home owner in Tustin, I do not appreciate drivin thru a cir ue of o g pY~ There should be more attention g q pen house signs every Saturday & Sunday. given to this on going problem and officers should adopt a tougher and fairer attitude. I know you are doing your best in enforcing these codes, but I hope you can appreciate our concern. I norin so these violations on weekly bases has become a major issue for mo 9 g me of st of the Real estate agents/home owners working in Tustin. Some thing is going to have to be done about this. I hope soon! Thank you for your time. ~1lercede Ghofli Real Estate Broker Associate Prudential California Realty www. mercedeghofli.com 71 ~. 8.38.2471 11'02!2006 Page l o t~ 1 Steen, Brad .......M_ ._~._...~..~...v...~.~~___~.~._.......... _..~...~..._.__..___~.__~....._......._.~.........~._._._.~.~...~.~., ._._~._......_...._....~.........~._...w..__ __ .__~._.. . From: mercede1 @juno.com Sent: Thursday, June 22, 200610:51 AM To: Steen, Brad Subject: Re: Illegal Real Estate Signs thank you. It was on T junction, on park Center and Montere . If ou think i y y t helps, I can e mall you pictur~,s next time, (but by the time I get home anal sent it, could be late in the afternoon . thank you again :)..Please keep looking for violations. Most of us are loin o ' g ur best and going out of our way to learn and obay the codes and it won't be fair if the ones violatin it are not w g arned. have a great week :) mercede Try Juno Platinum for Free! Then, only $9.95/month! Unlimited Internet Access with lGB of Email Storage. Visit http:/l~~~ww.juno.com/value to sign up today! 11 /02/~ 006 Page . l o f' l Steen, Brad ~~ From: Binsack, Elizabeth ~~~ Sent: Wednesday, December 14, 2005 5:2fi PM To: Anderson, Clayton; Steen, Brad; Wiesinger, George Subject: FUV: Real Estate Signs Elizabeth -----Original Message----- From: Ghofli@aol.com [mailto:Ghofli@aol.comJ Sent: Monday, December 12, 2005 6:25 PM To: Binsack, Elizabeth Subject: Real Estate Signs Dear Ms. Binsack, Regarding real estate sings and expressing frustrations by the honorable ma or Dou Dav council meeting ,still Jeff Jones si ns sta over ni ht a y g ert during October 17, 2005 9 y g t major street corners. Currently (Monday 12/12/05 5.00 pm) his open house sign is sitting at the northwest corner of Jamboree and Irvine Blvd. The si n must h since Sunday. 9 ave been sitting there Your timely response is greatly appreciated. Adam Ghofli, MSCE, P.E. CA 56566 11 /02/2006 Page 1 of~ 1 Steen, Brad ..._.~.......W..~.....r...~.....r...^._w...~..~.~......w~..~..._....... ~ _ From: Binsack, Elizabeth Sent: Wednesday, April 27, 2005 2:36 PM To: Anderson, Clayton; Nguyen, Khanh; Steen, Brad; Harris, Eloise Subject: RE: Realtors EH: Please set a meeting with her forme. Elizabeth -----Original Message----- From: Anderson, Clayton Sent: Wednesday, April 27, 200512:05 PM To: Binsack, Elizabeth; Nguyen, Khanh; Steen, Brad Cc: Anderson, Clayton Subject: Realtors I received a phone call from Mercede Ghofli, a realtor in Tustin Ranch. Accordin t other realtors wanting to meet with Ci Staff to di g o Mrs. Ghofli, there are 5 or 6 tY scuss Jeff Jones. Her complaint is that Jeff Jones knows when we work and he violates the sign ordinance when the City does not have covers e. She ad in compliance when City staff is available. g mats that Jeff Jones is She feels that Jeff Jones is hurting her business and she wants us to ut an end to hi ' committed in our presence}. p s ~Ilegal activities (those not I have no problem meeting with her but I get the impression she wants to meet with Eli zabeth. Mrs. Ghofli claims that Jeff Jones is stalking her and she has re orted the incidents This has gone far beyond s~ n code violations. T ' ~ p to the Tustin Police Dept. g his is definitely a dispute between two citizens. There is no wa to validate her complaints. Y Finally, she is trying to place the blame on Brad. According to Mercede all of the re adequately explained the relevant code section ~ altors agree that Brad has not s to them and they are confused. Although I am not present when Brad speaks with the different realtors I doubt that he has confused an of them. code backwards and forward. Y Brad knows the real estate sign She has an attorney and I thought I should give a brief synopsis in case she shows u Huston's office. pat City Council or Mr. 11 /02/2006 Page 1 of 1 Steen, Brad From: Anderson, Clayton Sent: Monday, March 28, 2005 8:20 AM To: Steen, Brad Subject: Mercede Ghofli At the end of her message she insinuates that The City has changed the rules again. I am oin to call her back toda . She wants to be reimbursed for her si n. g g y g 11 /02/2006 Reekstin, Scott From: Anderson, Clayton Sent: Monday, October 30, 2006 8:23 AM To: Reekstin, Scott Subject: FW: Open House signs just keep getting worse -----Original. Message----- From: Binsack, Elizabeth Sent: Monday, October 30, 2006 8:06 AM T o : Ander.~on, Clayton Subject: ETu~: Open House signs just keep getting worse Elizabeth A. Binsack Community Development Director City of Tustin 714-573-3031. -----Original Message----- Frorn: jack,a101@cox.net Cmailto:jacka101@cox.net] Sent: Sunday, October 29, 2006 10:27 AM To: Binsack, Elizabeth Cc: Estrella, Patty Subject: Oren House signs jus ~~p ~ ~-' g t kE~e ~ et~_ln worse Hi Elizabeth and others, T'.:e `sign situation, just keeps q~ttir~g worse} around here in Tustin R~~nch. You ~houl.d see the corners tr.is weekend. F~~il of signs . Also, Tower records has eoole standing on corners with their "going out of business" signs. This town is lookin p shabby . Please g y get going on the sign changes asap. It is like the Fealtors know it is coming down arld are scrambling for every space and placing r.~~ge amounts of si ns out. Does the new ordinance, if approved, take place irlmediately? cr does it havegto year. Please respond. Tustin R.ar,ch Resident wait a ---- "Binsack wrote: > Dear Tustin Ranch Resident: > > I apologize for a lack of a response to your prior e-mail. ~rVe will be > including your letter to the Planning Commission and City Council > along with any proposed amendments to the Sign Code. If you would Like > to receive a copy of the staff report and proposed ordinance, please > _~et me know. > Again, thank you for your input. > Elizabeth A. Binsack Community Development Director '> > City of Tustin > 714-573-3031 1 > -----Original ~~essage----- > From: Estrella, Laity On Behalf Of Council > Sent : Wedne:~day, October 13, 2006 3:02 1-~~! ~~ To : Huston, William > Cc: Binsack, Elisabeth > Subject: FW: open house signs/ attached letter > _____Original Message----- > From: jacka101@cox.r~et [mailto:jacka101@cox.net] > SE~nt: Tuesday, October 17, 2006 9:05 LM > To: Council > Sl~bject: open house signs/ attached letter > DF~ar Tustin City Council, Please verify by return email > received my letter. It is very important that you read > been in this business for over 20 years and live in the > have the mcst issues with. I ~~vant to know that you have > wi.il acknowledge at the coming meetings. ., > Thanks. > Tustin Ranch Rt~sident that. you have it as I have area that you read this and 2 Page 1 of 3 Reekstin, Scott From: Scattich@aol.com Sent: Tuesday, October 24, 2006 ~ :26 PM To: Reekstin, Scott Cc: Council Subject: Sign Recommendations SUBJECT: Recommendations for Open House Signs in Tustin In~ response to your last meeting in which you asked for recommendations to be in writing, we had a number of agents brain storm solutions to the issues of Open House Signs. Our suggestions are as follows: No Host Open Houses are unacceptable. Must be hosted by a Real Estate Licensee. Open Houses signs should have a RIDER on each directional sign stating the beginning time and the ending time of each open house (For example: 1 - 5 p.m.). This way the Buyers will know exactly when to go to that particular property and the City will know when the signs should be removed. Open House signs should be posted ONLY ONE HOUR before the open house and TWO HOURS AFTER. (Two hours to remove signs because sometimes there are numerous attendees arriving after the scheduled hour to close). Open House signs must lead to an ACTUAL OPEN HOUSE on the day the signs are posted. I do not believe the City has the legal right to permanently dispose of open house signs..First time offenders should be given a warning with an explanation of the rules. They should then be required to sign that they have read and understand the rules. The next offense should be on an escalating scale of fines to be paid by offender being raised with each additional offense. The final penalty being a temporary suspension of all signs for 30 days. The agent's name that APPEARS on the sign should be the responsible party l 0I2~/?006 Pale ? v f 3 for the placement of that sign. The agent would them be responsible to inform the individual putting up the signs as to proper placement. No more than two signs per corner per the agent holding the open house. DO NOT limit the number of agents who can have their signs in an intersection. That could lead to agents removing signs in order to secure their visibility at the intersection. Continue current ordnance of having an agent's open house sign at least %4 mile apart from the other. The signs being 25 feet from the corner and 10 feet from a driveway should be re-evaluated. This is extreme. In many areas it would prevent any sign from being legally posted. The distance should be reduced and be spelled out in a clear and concise manner in writing so that agents will know where signs can be placed. Guidelines utilized by code enforcement need to be provided IN_WRITING to the Real Estate community to insure compliance. This would eliminate the current confusion and arbitrary removal that appears to be at issue. It would also be necessary to explain which "Common Areas" are considered private property and which are considered as City easements. The majority of real estate agents in my office are more than willing to adhere to the rules if they just knew what they were. Signs that have been acceptable for months suddenly seem to be confiscated with no clear cut explanation. I am also concerned that this issue seems to be targeted specifically to Tustin Ranch while numerous abuses are occurring throughout other areas of Tustin. • The complaints seem to be coming from a small number of people if the weekly average is 5. • Sellers are now making more demands of their agents in order to get their homes sold. • It is not so much the agents who want the open houses, but the seller's who are requesting the agents DO THE OPEN HOUSE. The Tustin residents ~vho are complaining about signs will complain until they want their home sold. • A real estate agent is not paid until title transfers at close of escrow. At I U/25/2006 Pale 3 of 3 that time the City tax base is also increased. It seems that we should be able to work together for a common goal. Sincerely, Shirley Cattich Tarbell, Realtors Mailing Address: City of Tustin 300 Centennial Way Tustin, CA 92780 Scott Reekstin, Senior Planner (714)573-3016 FAX: (714) 573-3113 10/2/2006 Page 1 of 2 Reekstin, Scott From: Karen Lu-Ferguson ~vkferg@sbcglobal.net] Sent: Monday, October 23, 2006 7:22 PM To: Reekstin, Scott; Council Subject: CONSIDERATIONS FOR NEW SIGN ORDNANCE SUBJECT: Considerations for the NEW Sign Ordnance for TUSTIN No Host Open Houses are unacceptable. Must be hosted by a Real Estate Licensee. Open Houses signs should have a RIDER on each directional sign stating the beginning time and the ending time of each open house (For example: 1 - 5 p.m.). This way the Buyers will know exactly when to go to that particular property and the City will know whin the signs should be down Open House signs should be posted ONLY ONE HOUR before the open house and TWO HOURS AFTER. (Two hours to remove signs because sometimes there are extenuating circumstances that prohibit agents from leaving the open house right on time, such as writing an offer). Open House signs must lead to an ACTUAL OPEN HOUSE on the day the signs are posted. The City should NOT permanently dispose of open house signs. First time offenders should be given a warning with an explanation of the rules. They should then be required to sign that they have read and understand the rules. The next offense should be on an escalating scale of fines to be paid by offender being raised with each additional offense. The final penalty being a temporary suspension of all signs for 30 days. The agent's name that APPEARS on the sign should be the responsible party for the placement of that sign. No excuses! No more than two sins per corner per the agent holding the open house. DO NOT limit the number of agents who can have their signs out. (That could get ugly.) 10/25/2006 Pale 2 of 2 Continue current ordnance of having an agent's open house sign at least 1/4 mile apart from the other. The signs being 25 feet from the corner should be re-evaluated. This is extreme. This should be reduced and be more specific in the guidelines to reflect exactly where the signs can be. Guidelines utilized by code enforcement need to be provided IN WRITING to the Real Estate community to insure compliance. Keep in mind: • It is not so much the agents who want the open houses, but the seller's who are requesting theagents DO THE OPEN HOUSE. The Tustin residents who are complaining about signs will complain until they want their home sold. • Every home sold equals more tax dollars into the CITY OF TUSTIN. • Real Estate agents make a huge $$$ contributions to City events and Schools. Thank you for your consideration, Karen Lu-Ferguson Tarbell, Realtors 10125/2006 Page 1 ot~ 1 Reekstin, Scott From: Jeanne LaFourcade [Jeanne@jeannelafourcade.com] Sent: Monday, October 23, 2006 5:29 PM To: Reekstin, Scott Subject: Sign Policy To Whom it May Concern, These are some of the suggestions that I have regarding the sign policy. I have been a realtor in the area for over 25 yrs & I agree that the number of signs has gotten out of hand & makes the city look unattractive. There are a few agents who are the worst offenders. Here are my recommendations.) ambasing my recommendations on keeping existing personal company signs as changing them would be a costly expense for brokers & a ents. 9 1. Limit the number of signs on public right of ways by any agent to 4 & if they have more than one 0 en House NO MATTER HOW MANY HOMES THEY HAVE OPEN to 8 si ns er p g p agent. There will be additional signs inside the devlopments on assoc or private property. 2. Open House are limited to only Wednesdeay, Saturday or Sunday THOSE DAYS ONLY 3. Open House NO EARLY THAN 10:00 A.M. & NO LATER THAN 5:00 P.M. ON DAYS ABOVE 4. Signs up no early than 9:00 a.m. & must be removed by 6:OOp.m. Thank you for your consideration, Jeanne LaFourcade, Realtor Tustin, CA 949-451-1247 . 714-745-4957 cell jeannelafourcade@cox.vet loi2si2oo6 'age l u t Reekstin, Scott From: Sherman Smith [shermansmith@pacbell. net] Sent: Wednesday, October 18, 2006 6;59 PM To: Reekstin, Scott Subject: Open House Signs Scott ~1s a Realtor it pains and embarrasses me to see intersections cluttered with o en si ns. The most I p g have seen is the intersection of Irvine Blvd and Culver in .Irvine. I counted 31 o en house si rns within p g 50 yards of the intersection. Tustin Ranch Road and Irvine Blvd is a mess as well on some week ends. I F we donNt use generic signs we are going to have a race for the intersection to see who can et their g name their first. With generic signs there is no race to be first because the consumer onl knows that Y there is an open house and they will find out who the Realtor is when the et to the o en house. Isn~t yg p what we are fighting for is the ability to have an OPEN HOUSE not to advertise on the street corner. "I'he generic signs have worked in South Orange County for years and nobod com lams. Y p I feel that the following suggestions would greatly clean u the street corners and medi n p a s. 1) Open house signs should be restricted to the hours of 11am N 6 m on Saturda s an p y d Sundays. Broker Preview restrictions for sign hours of gam to-3 m. . p 2) I am in the minority as for generic signs.-I think that on ALL ma'or streets Jamboree . ~ ( , Tustin Ranch Rd, Pioneer, Portola, Irvine Blvd, Bryan, New ort Walnut Brownin Red p 9, Hill, EI Camino, Yorba, 17th Street New ort Ave etch sh p ould have generic signs. A maximum of two signs pointing in any one direction and they must be eneric not . .. 9 from the same RealtorN). (Mission V~e~o, Rancho Santa Mar uerita Ladera all use . 9 , green and white generic signs on all mayor streets) Interior nei hborhood streets can 9 have the agentNs personal signs. There should be a limit as to the number of si ns . 9 used per open house (8 to 10). This will prevent cluttern the streets with si ns . 9 g directing people all through out the city. No signage to be allowed on the medians an d . parkways. 3) I feel that there should not be any requirements as to the distance between s' ~gns or distance from a corner. This is very time consumin for code enforcement to li 9 po ce and is too difficult for realtors to judge if they have laced them the correct list n P ace apart or from the corner. If the number of signs is reduced and the locations are reduced this distance requirement should not be necessa . ry Limiting the time, days, # of and type signs and location of si ns will reatl r g g y educe the existing clutter we are experiencing. This will be a much needed im rovemen p t to the current code. Any questions I can be reached at the numbers below. Sherman smith 10~ 1 ~)/? Oob Page ? u t~ Sherman Smith & Associates 1173 Irvine Blvd 'Tustin, CA 92780-35?8 ~11~;rm ansmith(~U~acbcl l .net w~vw.shermansmith.com (714) 544-5445 (714) 505-1562 Fax I know that you have quality friends and family members who would be as nice to work with as ou. Y ~~ rom time to time, they may need my advice and consulting on Quyin or Sellin .Don't I~ee Me A SECRET .. T~,11 them about my s~,rvices. "Serving Orange County Since 197$" 1 O/I9l?006 Pale 1 of 2 Reekstin, Scott From: BrendaBaney@aoi.com Sent: Wednesday, October 18, 2006 5:15 PM To: Reekstin, Scott; Council Subject: OPEN HOUSE SIGN ORDNANCE SUGGESTIONS Dear City Council & Community Development, I would like to propose a few ideas for your perusal concerning the new sign ordnance for Tustin. . Open Houses should be hosted by a Real,Estatelicensee. No host open houses should not. be permitted. . Signs should be posted ONLY ONE HOUR before the open house and TWO HOURS AFTER. Two hours to remove signs because sometimes there are extenuating circumstances that prohibit agents from leaving right away, such as writing up an offer. . Open house signs should have an additional smaller sign attached to the open house sign (rider) stating the time. of the Olen House (ex: 1 - 5 p.m.) on every directional sign. Then the City will be able to tell when the open house signs should be down (hence, the one hour before, two hours after). . Signs must lead to an ACTUAL OPEN HOUSE on the day the signs are posted. . The City should NOT permanently dispose of open house signs. First time offenders should be given a warning with an explanation of the rules. They should then be required to sign that they have read and understand the rules. The next offense should be on an escalating scale of fines to be paid by the offender being raised with each additional offense. The final penalty being a temporary suspension of using all signs for 3d days. 10;1812006 Page 2 o f . The agent's name appearing on the sign should be the responsible party for the placement of that sign. No excuses!No more than two signs per corner per the agent holding the open house. DO NOT limit the number of agents who can have their signs out. (That could get ugly.) . Continue current ordnance of having an agent's open house sign at least 1/4 mile apart from their other sign. . The signs being 25 feet from the corner should be re-evaluated. This is extreme. This should be reduced and be more specific in the written guidelines to reflect exactly where the signs can be. . Guidelines utilized by code enforcement need to be provided IN WRITING to the Real Estate community to ensure compliance. Keep in mind: It is not so much the agents who want the open houses, but the seller's who are requesting the agents DO THE OPEN HOUSE. The Tustin residents who are complaining about signs will complain until they want their home sold and request open houses of their own. Every home sold equals more TAX DOLLARS into the City of Tustin. Real Estate agents make HUGE $$$ contributions to City events and Schools. Thank you for considering these suggestions. Brenda Baney "Your Tustin Ranch Neighbor & Resident for 75 Years" Tarbell Preferred Properties cc: Elizabeth Binsack, Director of Community Development 1 0)/18/2006 Reekstin, Scott From: Brandon Bonk [BrandonBonk@firstteam.com] Sent: Wednesday, October 18, 200610:05 AM To: Reekstin, Scott Subject: FW: New Tustin Sign Code From: Jennifer~Palmquist [mailto:jpalmquist4@cox.net) Sent: Mon 10/9/200h 5:47 PM To: Jennifer Palmquist SubjF~ct: FW: New Tustin Sign Code Dear fellow Tustin & Tustin Ranch Realtors, As some of you may know many realtors met at the city community center this morning to discuss the cities suggestions regarding changing the existing signage code for Tustin and Tustin Ranch. They have asked that we provide our suggestions for signage regulations. They will be having their next public meeting on October 23rd and November ?_Oth. We have forwarded our suggestions below to the city planner. If you are in agreement please forward this on to Scott Reekstin at sreekstin@tustir,ca.org with your s~~pport. Or if you have your own suggestions please feel free to speak your voice before the changes are madF~., This is our time to add cur input. The city iS considering generic signs and no signage at ~:~11 ~:~llowed on the muj or strF~ets . I don't believe we would wart this . Th~lr~k fia.r your help. l~lso feel tree to forward this on to a:.~ many realtors/office managers that you lcr~ow to gain support . Thank you, JE~~nnifer Palmquist & Rosemary Kral rust Team Real Estate 714-505-9383 From: Jennifer Palmquist [mailto:jpalmquist4@cox.net) Sent: Monday, October 09, 2006 5:10 PM To: 'sreekstin@tustinca.org' Subject: New Tustin Sign Code Scott, Thank you for inviting us to the meeting today at the community center to discuss o tions to reduce the sign clutter in Tustin/Tustin Ranch. p We feel that the following suggestions would be widely accepted by the majorit cf realtors. ~ y l) i~~ost open houses are from 12-4 or 1 -5 on Saturday ar~d Sunda Restrict thta Y 1 ic~nar~e hours to 11 - 6 on Saturdays ar.d Sunday::} . Broker preview is on WF~dnesda s f rom 17 -1:30. On Wednesday restrict the sign hours from 9-3. The da s and times need to ti-,f~, Y .~ :7pecified or ycu wi11 have realtors holding open houses at all hours and ever~~da of the wr~F~.sk ~ ust to ~ et their si. ~ ~ ~ a a~ c ~ y ~ "~ gns up mor~~~ ~rE.quc~,lt~ly fps a way to circumvent the now code. For t~xacnple if you just specify signs ~~rE~ allowed up 1 hour before and 1 hour aftF~r - ~ ~n op _.n hcu::~e, then you will have realtors holding opF-n reuses early in the morning ~~nd ~~t vacant homes just to get their signs up. 27 There should be a limit ~~s to the number of signs used per open house, it is not necF~ssary to clutter the streets with signs directing people all through out the c.it~. Each open house should be allowed two signs on the nearest major cross street to fih y house (one per corner), two outside a tract/neighborhood entrance and inside each e optn tract to be determined by the association. For example the major Dross streets bein J~~mboree Tustin Ranch Rd, Pioneer, Irvine Blvd, Bryan, ~dewport, Walnut Brownin. R g Camino, Portola,etc... Ycu should also net be r~llcwed ~ g~ ed Hili, El to place two signs on one corner. No ~; i.gnage to be allo~~~ed on the medians ~~nd parkways . 3) We feel that there should not be any requirements as to the distance between signs or distance from a corner. This is very time consuming for code enforcement to police and is too difficult for realtors to judge if they have placed them the correct distance apart or from the corner. If the number of signs is reduced and the locations are reduced this distance requirement should not be necessary. Limiting the time, days, # of signs and location of signs will greatly reduce the existin clutter we are experiencing. This will be a much needed improvement to the current code.g r~Je are not in favor of generic signage. GJe all haTJe invested thousands of dollars in signs. In addition we are not in favor of restricting all signs from major thorou~.h r~:~res. Consumers need to be directed from the major streets b~~~ at Leas ~ ~ c' ~ T Mould be very difficult in some parts oy Tustin for consume ~ t on~ ~lgn. Lt ~rs to locate an open house it we could not have any sigr_s on major streets. We will be forwarding this email to many realtors throughout the community for their feedback and support. We look forward to your upcoming meetings on October 23rd and November 20th. Thank you, Jennifer Palmquist & Rosemary Kral First Team Real Estate 714-505-9383 2 Page 1 of~? Reekstin, Scott From: Jaci Woods, GRI, ABR, Broker [Jaci@jaci4re.com] Sent: Tuesday, October 17, 2006 8:35 PM To: Reekstin, Scott Subject: Discussions regarding Tustin Sign Code and possible changes Scott: I am in complete agreement with the other REALTORS~x~ about signage -- we've all invested thousands in si ns and it would be a burden to be required to purchase others. Also I a ree tha g g t mayor corners can not be left without directional signs. Those agents who abuse the current policies simply say they have Tots of open houses and therefore ut out as many signs as they like without censure. Those si ns stretch from Jambore p g e and Tustin Ranch Road all the way down practically to the freeway--that's simply not necessary and makes us all look bad. When one or two agents do this and nothing happens, it spurs on a few more com etitivel who feel the too c have more than one sign and re soon directionals o u p y Y an p ttY g p and down and crossways to advertise an agent, not so much an open house. I do not want our neighborhoods to look like we're arriving in New Jersey either. Most of us, as realtors who care about our communities, and want this reigned in as well. We don't want to see what we've all be seein~ latel along the roads--especially in Tustin Ranch. g y Thanks for letting us voice our opinion -the main goal here is to represent our clients and even thou h we didn't create ~t, the fact of real estate is: open houses sell roe g p p ~y I don't want to contribute to penalizing. a seller from adequately marketing his prope because of some over- zealous agents. There are those residents (who are not licensed REALTORS) who do not know how much business takes place at open houses and who might call for more stringent measures -- we need to be able to reasonably set out our own directional signs so folks know where to go and who they are goin to see. 9 Thank you! Regards, Jaci Woodsy CRS, GRI, ABR~ Broker - DRE Lic 01261744 Loyalty, Integrity, Service 714-389-4099 714-389-4077 Fax 888-505-2089 Toll Free Seven Gables Real Estate Irvine, CA 92620 1?651 Newport Tustin, CA 92780 10/ 18/2006 Pale 2 ot~2 f'R1V(t.F..GED ANA C~NFIDENTi~t~: This communication, including attachments, is for the e~cclusive use of addressee and may contain proprieiary, confidential and/or privileged infiormation. ifyou are not the intended reci lent, an use cu in disclosure, dissemination or distrihution is strictly .prohibited. [f ou are not the inters ~ ' P y py ~' y ded rcclplent, phase notify the s~;nder Immedlate(y by return ~-mail, delete this commilnication and destroy all copies. "Thank you. 1 U/ 1 S/2006 10~1212ao6 To: Henry City Of Tustin Dear Henry, It was a pleasure meeting you yesterday to discuss the tem orar si cod forward P Y gn es and we look to working with you and our fellow Realtors in im rovin the si cod p g gn a and improving how our great city of Tustin will look when eve one in ' . ry our industry cares why there is a code to begin with. Please find the enclosed photos of corners where we recentl had si y gns taken. As you can see, because of the very large radius of the corners, the are not ood ex Y g amples for the current code. When the current code is applied almost of the entire " een" are safe for s~ ~' as show as gnage. Years ago we always put our signs right on the ed a of the "dia on " the corner stdew g g al of alk. This was Ok for one or maybe two signs, but after than that it ' 1S blight. Putting them on the side starting at the 25' mark with 10' betwe ' ensigns going down the street looks like the professionals care how the si s look and ' gn still get the name recognition that everyone i~s competing for. You see this best oin North o ' Ranch R - g g n Tustin oad right after Irvine Blvd on the golf course. The S acin is not aiwa ' . p g ys right, but you can see that is it more aesthetically pleasin and the each si is g gn also readable. Unlike what it used to look like on this corner ;-}. We have made some h ' uge strides already! We have lost many signs in the past and honestly we do not know how m ' any signs we have in your "collection" that were taken on these t es of corners. B the ~ ut we used to put m very close to the diagonal edge of the side walk. The four corners in th e photos were only from recent sign losses and don't recall which corners were "hit" more than once. The stress and aggravation over the signs disappearin has been overwhel ' g ming and any signs that we could have back would be greatly a reciated. pP On another recent loss on West bound Bryan right before Tustin Ranch Road. We had one other sign lost here earlier, but one person from your staff acknowled e g d taking a sign and the other denied and we never could determine what the issue was if ' it was taken by your staff. We put another one there and it also was taken this time acknowledged it was taken because of distance between signs. This is where some im rov p ement needs to be done in the code. The codes state that there must be 1250' betty ' een the signs. It has been our understanding for obvious reasons that this was for "conti ~~ ' nue straight signs, as you have no control of where people need to turn to et to the o en h g p ouse. In this case the purpose of the signs was to capture traffic leaving Costco etc to tt the o en house. As th g m to go to the p e code is worded that can only be done with one si which w eliminate half of ~~ ould the potential traffic by only putting the si on Br an and Tu Road for the ~ Y stin Ranch people leaving Costco and turning left by pu ose and then seem ~ g the right - - I °~9 t,~%~A ~UIEBACH rr (.. ~1(is is^.~ i E.{.~..~ilil turn sign later down Bryan. There really is no other lace to ut ' other t p p a sign on Marketplace han at the " T" to be able to capture the traffic that would be turn ing right on Bryan. The distance between the "T" and Tustin Ranch Road is less t ' han 1250 but there ~s a change in direction between the two si ~ s. Brad had a eat id ' l~ gr ea of putting an equivalent sign somewhere in the Costco center, but there is no ood location and ' from t ~ g getting penniss~on he Irvine Company is nearly impossible, as we have lost si s ' gn to them in the past. As a personal policy, we always ask permission to ut si son ' . p gn private property. It is very time consuming, but then people know that we care about their feelin s ab g out the signs. There was only one Gas Station that would not allow a sl on t gn heir property of all of the owners/managers we have asked permission for. We never found an on y eon the weekend that had any say on Irvine Company Centers. We sim 1 avoid s' t ~ p y igns at these locations, as hey have been taken before. Another sign that was just lost, was the one on a similar "T" that w ' e discussed the other day on Patriot and Pioneer Road. We have not ut a si at this 1 ' W p gn ocation in a long time. e put one thereon Wednesday, because it was our understandin that o ' g ur sign on Patriot pointing left to Pioneer Road was taken b our staff on Su ' Y Y nday. Not getting an answer on that sign in particular of why it was taken, we decided to move i " " t to the T where everyone else puts their sib, which we feel is bli t after 2 ' gh signs. That ~s why we have not put one there In a long time. The iron is that we had tha Y tone taken because it was too. close to the one at the "T" on Castaneda and the one on Patriot wa snot taken by your staff. At that time we felt like we can't win this an ore. I meas r Ym u ed this on Scaled map, and yes there is only b00' between the signs, althou it looks a lot gh further apart. What was more frustrating was Just 500 feet to the south were tw ' o signs from another agent right on the corners just 40' apart form each other that were not ' disturbed. We think to ourselves, what is it that we don't understand about the code? That i s when we took photos and we headed back to your counter at Ci Hall to hel ty pus understand the code so we can better comply to it. - There was also one sign taken on Red Hill on this last Sunda w ' ' . y, hich we did not put out, but was our listing that it directed to. Because we know that th' ' is sign was in violation, we won't ask for this back, but this poses the next uestion of what d ' q o you do with these signs? They are of no use to the City and to 'ust 've them back to ' J In the agent with J ust a slap on the wrist is no solution to the problem. We ro ose som ' . p p eth~ng in between. Since we surprisingly discovered that we are all human yesterda ,how about an all Y owance of 6 violations per year of which we can reclaim the si s for a fee and e ~ ( ducat~on), after that, no more reclamations for the rest of the year. After l2 violations that a ent is allowed to ost an m g no longer p y ore signs at all for the rest of the year. That will, have some real teeth to keep everyone in .line. To some agents losin si s to ' doln g ~ your staff is J ust a cost of g business. We think the signs, flags etc you have in our ossession at t ' ' Y p his time should be auctioned off, because at least most of the frames have some value to other agents and the complete signs have more value to the agent who lost them. All of the ro p ceeds would go to some chanty so the City of Tustin does not become the "bad u " 'u ' g y J st looking for more revenue. We think also it would be great fun and another great networkin event for g the agents. Sorry for the length of this letter as it was not our on final intention et into 0 g g they discussions on the code changes, but it seemed to roll into it on its own. We hope that these suggestions are of some use. We will continue to think of other thins a g nd refine what has already been discussed. We hope you have it in our heart to return th ' tha y e signs t were taken in error so we can breathe a little easier that we understand the code completely and can abide by it to the best of our abilities. Sincerely, Walter and Silvia Wiebach } y ~ ~ ~P'° ~ ~ ,:t, , g~ m October 10, 2006 To: Mayor Doug Davert & City Council, City of Tustin Re: Real Estate Open House Signs Dear Mr. Mayor and Tustin City Council, I wanted to take a minute to write a letter regarding the current si n issues bein looked . g g at by this great city. I am a long time resident of Tustin and ha en to own and resid ' . pp e in the Tustin Ranch community. I am also a Real Estate Broker and have been in the industry for over 20 years. I moved to Tustin Ranch a few ears a o in the "Heat" . Y g of the market. After moving here, I realized that the signage was absolutel out of contr y ol. I have never seen the amount of open house signs concentrated in one area. I call ed the city a number of years ago and complained about the a ents usin these o en hou ' « . , g g p se signs as advertising .The signs are place directly outside the ated communit that I liv ' ~ g y e in. e signs are not pointing into the gates, they are simply for us to observe their name and pointed away. Signs are even placed in the middle of blocks. What is now ha ' ppening is competition between agents for signage and placement of same. The si ns o u g g p at first light of the day. They stay up until dark. This is ha enin on all Wednesd ' pp, g aY s, Saturday s, and Sunday s. This means that we have sl ns u in our cit 43% g p y of all daylight hours. This abuse has gone on too long. The notion from some loc al Realtors that this problem is only due to a slow market is ridiculous. This roblem ' . p has been going on for years in the hottest of markets. Sellers may want o en houses alon wi p g th the Realtors. However, the sellers don't care if the agents name is on the o en h p ouse sign. The sellers want the agent at the home and exhibit the abilit to make a sale h ' Y appen. This ability lies solely in the ability of the agent and if the home is ri ht forth g e buyer. Not the name on an open house sign. The solutions that you bring to the table are all ve valid. The one tha ' . rY t I most like is the generic signs with limited hours within one hour of typical o en house times. Gene ' ' the onI p ric is y way to stem the flow of advertising competition amon the local Realtors. I not for rohibitin g ~ p g the signs. However, even if you did that, there are websites that buyers can go to and get the .address and map of the home ono en hous ' act p e. This would ually glue the Realtors a higher level of qualified bu ers comin to the do ' Indust Y g or. I`hen ry will work It out. If they can't afford new signs, ma be the business is no Y t for them anyway. Furthermore, the blight from these sl ns is causin lower The Real g g property values. tors should acknowledge this as well. However, the robabl won't Y p y admit lt. I am unable to provide you this letter in a ublic forum as I seem p to be on the other side of the fence from most of my business associates. I res ectfull p y ask that you do not publish my name or address. However, you ma contact me erson ' Y p ally by email and I will provide the information with confidentialit . Y Respectfully, Tustin Ranch Resident & Real Estate Broker I'a~e 1 v t~ 1 Reekstin, Scott From: Doug Ward [ReMaxDW@Cox.net] Sent: Tuesday, October 10, 200610:12 PM To: Reekstin, Scott Subject: Signs In Tustin Ranch I am Doug Ward and I have personally sold more than 250 homes in Tustin Ranch! I think we should have generic signs with limited hours and days! Most agents are using the signs for personal promotion and for there own enrichment! Some of them don't even have an open house and still put up signs all over from the 5 freeway all the way up to Pioneer for self promotion, it is free advertising in a high traffic area! It just does not look right with signs of all types and colors all over the area all weekend long, it looks tike a carnival of signs! Most planned communities have a generic sign because it works and conforms instead of standing out to everybody If a buyer or lookie lou want to go see open houses then they can seek out and focus on the generic sign to lead them around Thats what I think and thank you for reading! It makes sense! Doug Ward Regency Realtors 714-832-4600 1 O/ 12/2006 Pale 1 of 1 Reekstin, Scott From: Binsack, Elizabeth Sent: Wednesday, October 11, 200612:23 PM To: Reekstin, Scott; Anderson, Clayton Subject: FW: Open House Signs l issues ECxzadethA. ~insack (,'ommunity ~DeveCopment Director City of Tustin 714-573-3031 -----Original Message----- From: Estrella, Patt}r On Behalf Of Council Sent: Wednesday, October 11, 200612:15 PM To: Doug Davert; Jerry Amante; Lou Bone; Tony Kawashima; Tracy Worley Hagen Cc: Binsack, Elizabeth Subject: FW: Open House Signs /issues ,; -----~riglP.dl ~~'~~aq~----- rrc~m: ~~i~~kai0i@~~.~o~.ret [mailto: jacka101C~co~.net] Sant : 'T'uesday, October 10, ?006 9:11. PM To: Coun~~l Subject: Open House Signs / issues Please read th~~ attached letter regarding the eppn house sign situation. You are welcome to contact me by email it you h~~ve any questions. Thanks . Tustin Ranch Resident 10/ 12/2006 I'a~;e 1 of Reekstin, Scott From: Jennifer Palmquist (jpalmquist4@cox.net] Sent: Tuesday, October 10, 2006 9:51 AM To: Reekstin, Scott Subject: FUII: New Tustin Sign Code Scott, Another person in favor of our suggestions...... Jennifer Palmquist & Rosemary Kral First Team Real Estate 714-505-9383 From: Jay Loeb [mailto:jayloeb@cox.net] Sent: Monday, October 09, 2006 9:37 PM To: 'Jennifer Palmquist' Subject: RE: New Tustin Sign Code Hi Jennifer. I am in favor of your suggestions below. I am so sick of seeing everyone's signs from 6:30 in the morning to 7:00 p.m. at night for their personal promotion. It's nauseating. Also, I definitely agree that there needs to be a limit to the number of signs placed on the corners and entering into a neighborhood. I think one is enough on a corner even if you have more than one open house. It is ridiculous when one agent has 3 or 4 signs on a corner. Please forward my response to Scott. Again, I am in favor of your suggestions below (#"s 1,2,3}, and I definitely oppose generic signs. We paid a lot of money to promote ourselves and our brands (ie. First Team -blue and yellow, Prudential -light blue & the rock, etc.). We are different individuals with different companies, and we have a right to promote ourselves and our companies just the way city council members do. Thank you. Julie Loeb Prudential California Realty 714-404-3895 www.theloeb~rou~.n.et -----Original Message----- From: Jennifer Palmquist [mailto:jpalmquist4(~cox.net] Sent: Monday, October 09, 2006 5:48 PM To: Jennifer Palmquist Subject: FW: New Tustin Sign Code Dear fellow Tustin & Tustin Ranch Realtors, As some of you may know many realtors met at the city community center this morning to discuss the cities suggestions regarding changing the existing signage code for Tustin and Tustin Ranch. They have asked that we provide our suggestions for signage regulations. They will behaving their next public meeting on October 23rd and November 20th. We have forwarded our suggestions below to the city planner. If you are in agreement please forward this on to Scott Reekstin at sreekstin a tustinca.org with your support. Or if you have your own suggestions please feel free to speak your voice before the changes are made. This is our time to add our input. The city is considering generic signs and no s~gnage at all allowed on the major streets. I don't believe we would want this. Thanks for your help. Also feel free to forward this on to as many realtors/office managers that you know to gain support. Thank you, 10/l?/006 • ,~ a~e2ot~ Jennifer Paimquist & Rosemary Kral First Team Real Estate 714-505-9383 From: Jennifer Paimquist [maiito:jpalmquist4@cox.net] Sent: Monday, October 09, 2006 5;10 PM To: 'sreekstin~tustinca.org' Subject: New Tustin Sign Code Scott, Thank you for inviting us to the meeting today at the community center to discuss options to reduce the sign clutter in TustinlTustin Ranch. We feel that the following suggestions would be widely accepted by the majority of realtors. 1 } Most open houses are from 12-4 or 1 -5 on Saturday and Sunday. Restrict the signage hours to 11- 6 on Saturdays and Sundays. Broker preview is on Wednesdays from 10 -1:30. On Wednesday restrict the sign hours from 9-3. The days and times need to be specified or you will have realtors holding open houses at al! hours and everyday of the week just to get their signs up .more frequently as a way to circumvent the new code. For example if you just specify signs are allowed up 1 hour before and 1 hour after an open house, then you will have realtors holding open houses early in the morning and at vacant homes dust to get their signs up. 2} There should be a limit as to the number of signs used per open house. It is not necessary to clutter the streets with signs directing people all through out the city. Each open house should be allowed two signs on the nearest major cross street to the open house (one per corner}, two outside atract/neighborhood entrance and inside each tract to be determined by the association. For example the major cross streets being Jamboree, Tustin Ranch Rd, Pioneer, Irvine Blvd, Bryan, Newport, Walnut, Browning, Red Hill, EI Camino, Portola,etc... You should also not be allowed to place .two signs on one corner. No signage to be allowed on the medians and parkways. 3} We feel that there should not be any requirements as to the distance between signs or distance from a corner. This is very time consuming for code enforcement to police and is too difficult for realtors to judge if they have placed them the correct distance apart orfrom -the corner. If the number of signs is reduced and the locations are reduced this distance requirement should not be necessary. Limiting the time, days, # of signs and location of signs will greatly reduce the existing clutter we are experiencing. This will be a much needed improvement to the current code. We are not in favor of generic signage. We all have invested thousands of dollars in signs. In addition we are not in favor of restricting all signs from major thorough fares. Consumers need to be directed from the major streets by at least one sign. It would be very difficult in some parts of Tustin for consumers to locate an open house if we could not have any signs on major streets. We will be forwarding this email to many realtors throughout the community for their feedback and support. We look forward to your upcoming meetings on October 23rd and November 20th. Thank you, Jennifer Paimquist & Rosemary Kral First Tearn Real Estate 714-505-9383 1 O112i2006 Pale 1 ot~ 1 Reekstin, Scott From: Bob O'Brien (bobobrien@cox.netJ Sent: Monday, October 09, 200610:42 PM To: Reekstin, Scott Subject: Tustin R.E. Sign suggestions Dear Scott, I want to reply to Jennifer's suggestion on Tustin R.E. Signs. I a ree with her comments not wanting Generic Si ns. I have attached her c g ,especially 9 omments. We feel that the following suggestions would be widely accepted by the majori of realtors. 1) Most open houses are from 12-4 or 1 -5 on Saturday and Sunday. Restrict the signage hours to 11 - 6 on Saturdays and Sundays. Broker preview is on Wednesdays from 10 -1:30. On Wednesday restrict the sign hours from 9-3. The days and times need to be specified or you will have realtors holding open houses at all hours and everyday of the week just to get their signs up more frequently as a way to circumvent the new code. For example if you just specify signs are allowed up 1 hour before and 1 hour after an open house, then you will have realtors holding open houses early in the morning and at vacant homes just to get their signs up. 2) There should be a limit as to the number of signs used per open house. It is not necessa to clu streets with signs directing peo le all throu h out the ci ry tter the p g ty Each open house should be allowed two signs on the nearest major cross street to the open house (one per corner}, two outside a tractlnei hborhood entrance and inside each tract to be determined b the association. F g Y or example the mayor cross streets being Jamboree, Tustin Ranch Rd, Pioneer, Irvine Blvd, Bryan, Newport, Walnut, Brownin Red Hill EI Camino, Portola,etc... You should also not be allowed to lace two sin g' p g s on one corner. No signage to be allowed on the medians and parkways. 3) We feel that there should not be any requirements as to the distance between si ns or distance fr corner. This is very time consumin for code enforcement to g om a 9 police and is too d~fficuit for realtors to~udge if they have placed them the correct distance apart or from the corner. If the number of si ns is redu and the locations are reduced this distance re uirement sh g ced q ould not be necessary. Limiting the time, days, # of signs and location of signs will greatly reduce the existin clutter we ar experiencing. This will be a much needed im rovement to the c g e p urrent code. We are not in favor of generic signage. We all have invested thousands of dollars in si ns. In addi i not in favor of restricting all signs from ma~or thorou h fares. g ton we are 1 g Consumers need to be directed from the mayor streets by at leas# one sign. It would be very difficult in some parts of Tustin for consumers to locate an house if we could not have any signs on major streets. open Bob 0 Bob O'Brien Realtor, Graduate Real Estate Institute (GRI} Metro Realty Cell 714-504-0230 E-Mail: bobobrien@co~c. net WEB Site: www.BobRealEstate,com 10/12/2006 Page 1 cat' 1 Reekstin, Scott From: Jennifer Palmquist (jpalmquist4@cox.net] Sent: Monday, October 09, 2006 5:10 PM To: Reekstin, Scott Subject: New Tustin Sign Code Scott, Thank you for inviting us to the meeting today at the community center to discuss options to reduce the si n clutter in TustinlTustin Ranch. g We feel that the following suggestions would be widely accepted by the majority of realtors. 1 } Most open houses are from 12-4 or 1 -5 on Saturday and Sunday. Restrict the signage hours to 11- 6 on Saturdays and Sundays. Broker preview is on Wednesdays from 10 -1:30. On Wednesday restrict the sign hours from 9-3. The days and times need to be specified or you will have realtors holding open houses at all hours and everyday of the week just to get their signs up more frequently as a way to circumvent the new code. For example if you just specify signs are allowed up 1 hour before and 1 hour after an open house, then you will have realtors holding open houses early in the morning and at vacant homes just to get their signs up. 2} There should be a limit as to the number of signs used per open house. It is not necessary to clutter the streets with signs directing people all through out the city. Each open house should be allowed two signs on the nearest major cross street to the open house (one per corner}, two outside atract/neighborhood entrance and inside each tract to be determined by the association. For example the major cross streets being Jamboree, Tustin Ranch Rd, Pioneer, Irvine Blvd, Bryan, Newport, Walnut, Browning, Red Hill, EI Camino, Portola,etc... You should also not be allowed to place two signs on one corner. No signa a to be allowed on the medians and parkwa s. g Y 3) We feel that there should not be any requirements as to the distance between signs or distance from a corner. This is very time consuming for code enforcement to police and is too difficult for realtors to judge if they have placed them the correct distance apart or from the corner. If the number of signs is reduced and the locations are reduced this distance requirement should not be necessary. Limiting the time, days, # of signs and location of signs will greatly reduce the existing clutter we are experiencing. This will be a much needed improvement to the current code. We are not in favor of generic signage. We all have invested thousands of dollars in signs. In addition we are not in favor of restricting all signs from major thorough fares. Consumers need to be directed from the major streets by at least one sign. It would be very difficult in some arts of Tustin for con j p sumers to locate an open house if we could not have any signs on~ major streets. We will be forwarding this email to many realtors throughout the community for their feedback and su ort. pp We look forward to your upcoming meetings on October 23rd and November 20th. Thank you, Jennifer Palmquist & Rosemary Kral First Team Real Estate 714-505-9383 10/1212006 October 9, 204b Dear Scott, At your suggestion,l am putting in writing our thoughts, suggestion and concerns about the sign ordinance and its implementations. Suggestions: (as though you need more of them} 1. Request by hours and days 2. One sign with any one agent's name per corner, rather than half a dozen with the same name. Concerns: Only one: Since Tustin borders the county area called "North Tustin" There may be open signs leading from the Tustin city limits into this area. We hope this would still be acceptable. Sincerely, ~ yr ~ ~~~ .r ~r• #' r'"~,~~ ~~', ,;~: Miry W~IIs North Hills Realty ,~~.. rS~ $/ '~ ~ j}'~~ 't{ /~``~. ~ i d•ir lr ~ ~r~ti f~.'i lb ~.~f. fr~Pl -'~~ 9 ~ ~ .. ~`^j .;p + + / JS f / "R9 ~., 1 + 4 ~ d ,~ i' '_ ~ C. ,,, _ K . ~..,~~ ~~y~ ~, ~W~:~tin, ~"~~~~"r~~ni~~ ~~~~ `fit X ~~~~.~,~ ~a~~~~7:~f~~ `~''~41~3^~~b ~l ~ ~,.E i~~~~f436:,. ~3 3N.f~d :.E 37 J~.i ~~l9 u{1Wd~1 October 9, 200b Scott Reekstin, Senior Planner City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Scott, Thank you far the opportunity to express our opinions on the real estate sign issue. l believe that if the city set time limits for Wednesdays and Saturdays and Sundays and limited each company to one sign per corner it would take care of the problem .Realtor Open house is I 0 to 1 pm on Wednesdays, and open houses are usually from 12 to 5 on the weekends. If sellers found out that we could not hold good open houses because of City restrictions it would cause a great political roblem for the council. p The idea of standardized signs would be so costly as to put many people out of business or spend thousands of dollars for new signs and be very counter-productive. What people do not want to see is a lot of signs out over night without being picked up immediately after the open house. Not being able to hold open houses would bring hundreds of complaints from sellers who are desperate to sell their homes. Please get rid hand held signs for businesses as they are a major distraction for drivers and just do reasonable time limitations for open houses. Also a ma showin where the p g y are permitted would be helpful. Also I do not believe that easements where the city maintains the landscaping are properly considered "Public Property. Sincerely, ~~ Donald J. Saltarelli Broker ~'~(:h '~fi~;~ IS llt~~~~`ifl.fF.'~~iit~l ~~i,~'='?~ ~ ?1f~ ~j~~~~~~d /~LDWELL BAKER PREVIEWS t~ ~/~~i~za~~c~ ,a :~ -1~1; t I~~ I f: ~~~ ~ It !_ I__ ~ ~'~ C I i~.'v.'~I I~ ~`:.'~L {'R'-~i;1l.i~ i ~ (. IRt ! F. Qctober 11, 2006 ~ ~~ City of Tustin C.;ommuility Development Department 3()0 (;entennial ti~Tay `Tustin, (:,~1 92781) `-~~I~jc~c't: C~r(~pr-,~F~c~ ~i~~n (t.:~cie ~'~m~~nclmc~nt-(.)pen [.[r~us~ ~i~ms 1 am proposing that we: 1. The agent who is holding the Open House can use only their own name signs. That way if an agent has eight listings and they are all being held open in a day, you don't have that one agent's signs out everywhere. This way only qualified agents instead of Title People who are doing them as favors to get the agent to use their title company, will stop. 2. rI'hat you can put up as many signs to get the largest draw of people from a larger area. I have had clients ask me how many signs that I put out, as they felt lazy agents would only put out a few and not get them as many potential buyers. 3. The earliest that you can put out signs is 8:30 a.m. In the summer it can be 90 degrees at 12:00 p.m. and by the time you get all of your signs out, you're all hot and sweaty. As to the time to take them down, some agents have clients come in their Qpen Houses and want to see properties after the C}pen House is finished at 4:00- 5:~0 p.m., so they would need some time to get them down after showing the clients r.~t~her homes. ~1. c drily ~ ~raf~ sign Ise ~isc~d at the entrances instead of twc~ on either side of the entr~~~nce. =~. ~ tl~~r~k rx~trk~~rs iri rt+cl ,rlr~cl ~~rcc~rl;tfi r}le c'c~rtler~; w{>ulcl help ~i~~tnts ~lisc~c~rr~ wlif~re ,, ~''~.ti~rl~ ~`-~t.;~ ~t~M~ti~` tl`~~~~~~r~ i~r~ I~t~. ter. I .~~°~t~~~ la~~l~~~~~~~ ~l~~~t ~~r-~1 ~;1~~,~tlrl t:~,111~" ~~~at try r~~r~:~l~~ ~,i~fi~.'r ;tt~~.l ~.,lf~ ;,~~ ~,rt .t :;~~ ~:rll~~tl `I~'~~~Irl I~r~il~" t~~, rr~;tk~~ were ~l~;tr we ~r•t: it~ ri~;ltt. ~~ ,rll pretty much try ~i.nd g~a it right, and I don't think it is fair to just throw our signs ~iway. Just put them somewhere that we can go and retrieve them, as they are very expensive, and I think it is very wasteful to just destroy our personal property. Thank you for your cons~eration in this very important matter. Regards, Jan-~~[arie V~ell`s~,~oldwell Banker Tustin, 714/368-~0~2 i _I~,`~ ~ ~`.+~~~1~!;-~~I { `•.~ i~!Itl~' jli,l.iif, (. ,~i '~.~, .`;l) i ~ ~ ;~~ ~ Ul7 ~~~ l`\I. ~ ~ ~ • f ;1~. ~ ~`~ )t)`~ i(1, ~i }~.l';t'I~ ,~ i ~' ~ ~~' 't'-l E,~+~ I,i,i `'.~:ll"i~ ~', i ; ;:~ ,. i ~ :i~ l.i)i{'t~:11 ~i~llli~.ii' G~~.I~ Icnil li ~4'~~~~i'1 I!~C 1" Ilii~ "Il.l ! %~1i f ~l"~f 111 'i ~(I ll~Cl i 11i ~(',li t'~i ATTACHMENT C Planning Commission Resolution No. 4043 ~E~~LUTrC~N ~1~.4~ A RESOLUTION OF THE PLANNING COMIUIISS~[}N OF THE CITY OF TUSTIhi, CALIF{3RNiA, RECOIVIMENDINC~ THAT THE CITY COIJ~iCIL APPROVE CaDE AMENDIUIENT p~-005 TO AMEND CHAPTER 4 "SIGN REGULATIONS° OF ARTICLE 9 OF THE TUSTIN CITY CQDE. The Rlanning Cornmissivn ~fi the pity of Tustin ~~ hereby resolve ~~ ~~Il~~s: I. Thy Planning o~mmission fine and determines. A. That ors C~~toher .~1, 191, the ~it~ council oomprehensi~ei~ amended tf~e ~it~'s sign r~gul~tit~ns. B. That they pity's sign rogulations maintain and ~nhanc~ ti~~ duality ~f the pity's appe~r~n~e bar a~oi~ing sign cl~tt~r, pr~m~ting uniformit~r, and limiting off premises signs in order tea oe~ntrol sign proliferation. _ . That the qty's sic~r~ regt~la#ions airy tc ensure tf~at all sins ar+~ ~nherer~tly safe and d~ nct pose ~ hazard t~ p~edestri~n or ~ef~lcul~r traffic. ~. That the n~mher cif sigr~~ posted on public prop~rt~ has increased in re~ont deers, causing signi#icant bligh#, E. That the prirnar}~ purpose: of signs is rc ~der~tify and pna~ridedirections t~ businesses and events r~th~er thin to sere as ~ form of ~d~r~rtisement F That ~cde Amendmar~t ~~~~~~ has been prepared t~ rnodif~ tl~e re~~laticn ~# ter~parary sins in the public right afi ~~y In addition, pa~rti~ns of the ~gn ~~de ire prcpos~d to b~ rc~r~~ni~~d to improve its readak~ilit~, ~ . That on ~c#obe r 2~, ~~~~, I~o~re n~be r 1 ~ ~{}~~, end ~lo~~ m bar ~7, ~0~~, public h~~rin~s were duly noticed called, er~d field ~n ~c~de Arnen~drr~ent 4~- ~~~ ~~ the planning ~arr~mis~icn, and on November ~?, ~~~~, tt~~ Fl~nnin 9 ~~rnm~sslon recommended that tha pity ~~uncil appro~r~ bode Amor~dment ~~ ~Q~~. H. That this ordinance is not ~uhjoct to the ~alifc~rnia Environrnent~l Quality Act ~"~EC~A"~ pursuant to Title 14, ~al~fornia bode of Regu~~#ions, sect+~ns 1 ~~~~~c~~~3 ~tl~e acti~rit~ gill not result in a direct ~r reasvr~~blY f~r~es~e~blc indirect ph~rsical chan~e~ in tha environments and 1~~~0-~c~f3) ~tl~e acti~rity is nit a project as defined in e~tic~n 1 ~37~y because it has n~ potential four resulting ~n physical c~ant~c to the en~riroc~ment, directly ~r in~ii~ed#1~~r. Res~luti~n No~. 43 Pa~~a ~ !. That the p~c~~ose~ amer~~drnent i~ r~~~Qne~ I~ ne~s~ry to p-r~te~t the health, ~ af~ty~, ~n d ~e If~t~ ~f th a Giti~~n~ of th e r . ty ~f Tustin. II. Thy Plartnin~ ernrnis~ion h~r~k~ rec~amn~ . ~ ~~~s that the Gity ~unoil a~~re~e tie ord~n~r~~~ a~a~tin~ ~~de Arn~ndrn~nt ~~ ~~~ . . ~ttaot~e d h~ r~t~ ~s ~x h ih it ~. P~~~ED~ ~4N~ A~~PTE~ ~~ the Pl~r~r~in ~ ~ om m ~~~ ~~ n of ~h~ ~ ~#~ ~f Tustin at a re~ul~r m e~tirl~ h elf o r~ th ~ ~ nth day of Nora mbe r, ~~~~. ~? r FL~Y~ h~i rp e~r~~n ELJ~A~ETH A. EJN~A~I~C Rlannir~g ~~m~issic~n ~~~ta STATF ~F CALIFORNIA ~ COUNTY OF QRANGE } ~~ CITY OF TUST~N ~ ~, ELIZABETH ~. ~I~I~K, t~~ unde~si ~ . ~ e~, h~er~~y ~rt~fy that I ~m tie Pl~nr~~r~ ~~arnmis~i~n ecret~ry of the Planr~i~ c~rrr ~ ~ P'e . ~ mi~si~r~ of the ~~t~ ~-f Tustin, ~alif~rr~ia; that s+~l~ti~n. N~. 4~4~ ~aa duly ~~~~e~ and ~~ ~ . ~~#e~ a~ the r~~uJ~r rne~eting ~f the Tustin ~I~annir~~ ~mmis~ior~{ h~l~ ~n the ~7t~i d~ of ~ f~la~rrern~~r, ~~~~. .~- E~.IZ~BET~ ~. ~fI~AC~{ Pla~rrir~~ Commis~i~n ~ecreta ATTACHMENT D Ordinance No. 1321 ORDINANCE N0. 1321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING AND ADDING CHAPTER 4 "SIGN REGULATIONS" TO THE TUSTIN CITY CODE The City Council of the City of Tustin hereby ordains as follows: SECTION 1. The Council of the City of Tustin finds: A. The City of Tustin ("City") has a substantial interest in protecting the aesthetic appearance of the community by avoiding visual clutter and in assuring safe and convenient traffic and pedestrian circulation on City streets. B. The City's sign regulations ensure that signs ,are compatible in design, type and color with their surroundings and the community as a whole. C. Each zoning district is unique; therefore, it's important that the number and size of signs allowed within each district are appropriate based on the character of the uses within each district. D. The City limits signs on public property in order to (i) control sign proliferation, (ii) protect aesthetics, (iii) promote an orderly appearance (iv) prevent potential traffic hazards, safety hazards and nuisances, (v) and maintain the visibility and effectiveness of on-premises signs. E. Each sign user must have an opportunity for effective identification while at the same time limiting the number and area of signs permitted on a site. F. Certain temporary directional anal information signs, including garage sale signs, lost and found signs, and open house signs, provide an important public convenience to the citizens of Tustin. Garage sale signs and lost and found signs provide Tustin residents with an affordable medium to reach other residents. Open house directional signs also provide residents an additional medium for attracting interested buyers in the highly competitive real estate market. Strategically placed directional signs in the public parkway area also provide the most direct route to the desired destination therby reducing traffic conflicts, reducing the amount of vehicle miles traveled, and reducing overall vehicle pollutant emissions. Unlike businesses and other commercial uses, garage sales and homes for sale are also typically located off major arterial streets and can be more difficult to locate. Without temporary directional and information signs, vehicles might otherwise travel in a more circuitous route to a desired destination. G. The strict limitations placed, on the posting of signs in this Ordinance will ensure that (i) the City's interests in the aesthetic appearance of the community and convenient traffic and pedestrian circulation are protected; and. (ii) nuisances and safety hazards are avoided. Ordinance 1321 Page 2 SECTION 2. Chapter4 is hereby repealed and added in its entirety to the Tustin City Code 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 anal 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 of signs is considered necessary to promote and protect the public health, safety and welfare through consideration of traffic and pedestrian safety and community aesthetics. 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. For ease of reference, each term that is defined in this section appears in title caps in the text of this Chapter. A supplemental graphic presentation of certain definitions is provided as information and is included as section 9412. "Abandoned Sign" is 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" is a natural occurrence such as wind, rain, flood, fire or earthquake. "Aerial Sign" is 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. "A-frame Sign" means a Sign generally not securely attached or fixed to the ground or to a permanent structure used as a stationary advertising devise and usually supported by two upright Sign faces. "Aggregate Area" is the combined permitted Sign sizes of all Signs on any one (1 } Parcel, Site, building, structure or other Premises, excluding Temporary Signs, Noncommercial Signs, Special Event Signs, public information signs and traffic signs. "Alter" means 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 Sign" means any Sign designed to attract attention through movement or the semblance of movement of the whole or any part, including, but not limited Ordinance 1321 Page 3 to, Signs which swing, twirl, revolve, move back and forth or up and down; or Signs which can change color or shades of color; or any other method or device which suggests movement, but not including Flags or Banner Signs. "Arcade" is a covered passageway projecting from the exterior wall of a building and supported by posts or columns attached to the ground. "Arcade Sign" means a Sign projecting beneath or on the underside of any structural overhang or passageway and perpendicular to the front building Facade; see section 9412. "Attached Sign" is any Sign permanently affixed to a building or affixed to the external surface of a building (including Vllall Signs). "Audible Sign" is any Sign that contains loudspeakers or emits sounds. "Automobile Service Business" is a business whose primary purpose is gasoline sales, ancillary uses may include auto repair, tire sales and auto supply sales. "Awning" is 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" is a Sign painted on, printed on or attached to the front surface of an awning. "Balloon" means a sphere of nonporous material filled with air or gas. "Banner Sign" means any publicly visible advertising device, not on the interior side of a Window, made of cloth, paper, plastic, cardboard, metal or any other usually flexible material, which may indicate the identity or give or ask information about or convey. a message, either directly or indirectly, about a person, entity, business, commodity, service or idea. "Beacon" means any stationary or moving light source or light with one (1) or more beams that rotate or move located outside of or inside a building, or within three (3) feet of a Window and flashing with one (1) or more beams directed into the atmosphere or directed at one (1} or more points not on the same lot as the light source. "Bench Sign" means a seat located upon or adjacent to a public or private right- of-way for the purpose of Persons resting and which is capable of displaying a Sign or advertising device. "Building Frontage" means 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. Ordinance 1321 Page 4 "Bulletin Board" means a Sign that signifies an institution or organization on the Premises of which it is located and that contains the name of the institution or organization, the names of the individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages. "Business Identification Sign" is 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 twenty-five (25) percent of the total allowable Sign Area is used for this purpose. "Canopy," same as "Awning". "Canopy Sign," same as "Awning Sign". "Center " is a commercial, industrial or professional use, consisting of one or more buildings sharing common facilities such as off-street parking, access or landscaping. In each case, a center will consist of two or more retail stores or businesses, but may not necessarily be under a single ownership. "Center Identification Sign" means any Freestanding Sign which advertises or directs attention to a shopping Center or area having two or more separate businesses or activities therein. "Changeable Copy Sign" means a Sign on which the copy changes either automatically through mechanical means, electrical or electronic time or temperature controls or manually in the field. "Channel Letters" means individual letters or figures, illuminated or nonilluminated, affixed to a building or Freestanding Sign structure. "Community Development Director" means the City of Tustin Community Development Director or his or her designee. "Construction Sign" means a Temporary Sign identifying the name of the project under contruction, street address, emergency phone number and name of person to contact; see section 9412. "Corporate Flag" means a Flag which has the name, Logo, trademark, or symbols of a business or corporation which cannot be construed to mean official flags. Ordinance 1321 Page 5 "Copy" means any words, letters, numbers, figures, designs or other symbolic representations illuminated ornon-illuminated incorporated into a Sign. "Decorative Flag" means a Temporary Sign made of fabric or any non rigid material which is individually mounted a flag pole device and is not a Corporate Flag or Official Flag. "Double-faced Sign" is a ,Sign with two (2) faces that are placed back-to-back with a distance separation of no greater than eighteen (18} inches and in which both faces cannot be viewed from any point at the same time. "Electrical Sign" means any Sign containing electrical wiring which is attached or intended to be attached to an electrical energy source for the purposes of illuminating its surface. "Erect" means to build, construct, attach, place, suspend, affix or Install. "Exempt Sign" means Signs exempt from the permit requirements of this chapter. "Facade" means the exterior walls of a building exposed to public view. "Festoons" means a nonmetallic string of ribbons, nonmetallic tinsel, small Flags, pinwheels, bunting, Pennants and other like items. "Flag" means cloth or other lightweight. material of distinctive size, color and design, used as a symbol, standard, signal, emblem, or a device used to attract attention. "Flashing Sign" means any directly or indirectly Illuminated Sign that exhibits changing natural or artificial light or color effects by any means whatsoever. "Freestanding Sign" means any non-moveable Sign not affixed to a building , including but not limited to Pole Signs, ground Signs, and Construction Signs; see section 9412. "Freeway Sign" is a Sign whose purpose is to identify a specific service oriented business (those offering eating facilities, lodging accommodations or an Automobile Service Business) which is located adjacent to the freeway right-of- way, or separated from the right-of-way by a frontage road. "Garage Sale Sign" means a Temporary Sign announcing the limited sale, from a private residence, of goods, furniture, clothing or other similar articles. "Height" means 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. Ordinance 1321 Page 6 "Human Sign" means a Sign that is held or worn by a person. "Identification Sign" means 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 twenty-five (25} percent of the total allowable Sign Area is used for this purpose. "Illegal Sign" means a Sign not permitted or Exempted by this chapter at the time of its costruction or erection. "Illuminated Sign" is 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 Sign" means 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 oremergency phone number. "Individual Buisness" means 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. "Install" means to build, paint, Erect, hang or in any manner affix or modify in any way. "Light Bulb Strings" means external or internal displays within twelve (12) inches of the inside of the Window which consist of light bulbs, or strings of open light bulbs or lighted tubing. "Location" means 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 forwall mounted Signs. "Logo" means a name, symbol, feature or trademark that represents a business, enterprise, group or activity. "Maintenance (of Signs}" means, for the purposes of this chapter, the cleaning, painting, repair, or replacement of defective parts of a Sign in a mannerthat does not Alter the basic copy, design, or structure of the Sign. Ordinance 1321 Page 7 "Mansard" means a sloped roof or roof-like facade designed to give the appearance of a full pitched roof; see section 9412. "Marquee" means 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" means a comprehensive program for coordinating all tenant signs within a Center. "Menu Board Sign" means a Sign displaying food or items sold on the Premises. "Monument Sign" is 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 designed to incorporate features and building materials which complement the architectural theme of the buildings on the Premises. "Multi-tenant Identification Sign (Directory)" means 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" means anon-electric or mechanical on-Premises 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" means a glass tube filled with gas that emits light when energized. "Noncommercial Sign" means 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. Noncommercial Signs include, but are not limited to: (1) A Political Sign. (2} A Sign containing a message advocating, criticizing or otherwise relating to the political views, opinions, and contentions on labor disputes or similar controversies. (3) A Public Event Sign "Nonconforming Sign " means a Sign erected legally which does not comply with the most current adopted Sign restrictions and regulations. "Official Flag" means flags of the United States of America, the State of California, City orothergovernmentalagency. Ordinance 1321 Page 8 "Off-premises ,Sign" means a Sign or structure of any kind or character erected and/or maintained for advertising a business, activity, service or product not sold or produced on the Premises upon which the Sign is placed, including a billboard and any other outdoor advertising Sign and structure." "On-Premises Advertising Display" means 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 on the premises which the business or display is located or upon the building within which the business is located; see definition of"Premises". "On-Premises Sign" means a Sign which displays the name, use, service, trade or trademark, or symbol of the business or business activity provided on the Premises on which the business or business activity is located. "Open House Sign" means a Sign which identifies a building for sale or lease which is open and available for inspection. "Ornamental Sign" means a Sign that includes decorative design details fabricated out of wrought iron, wood or similar product with the intent of making the Sign more compatible with the residential property on which it is located. "Owner" means a person recorded as such on official records and including any duly authorized agent or notary, a purchaser, devisee, judiciary and any person having a vested or contingent interest in the property in question. "Painted Sign" means any Sign which is applied with paint or similarsubstance to the face of a wall, Arcade, Canopy or Marquee of a building. "Parapet" means 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. "Parcel" or "lot" means: 1. A parcel of real property which is shown as a single lot in a lawfully recorded subdivision, {approved pursuant to the provisions of the Subdivision Map Act (California Business and Professions, Code, Sec. 11500, et seq.); or 2. A parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map; or 3. A parcel of real property shown on a parcel map as a single lot, lawfully recorded pursuant to the provisions of the Subdivision Map Act (California Business and Professions Code, Section 11500, et seq.); or Ordinance 1321 Page 9 4. Two or more .parcels of real property which are combined by an appropriately recorded written instrument or by common fee ownership and usage. "Pennant" means 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. "Permanent Directionalllnformation Sign" means an On-Premises Sign giving directions, instructions, or facility information such as parking locations, exits, entrances, time and temperature. Such Signs may not contain the name or Logo of an establishment or information of a commercial nature. "Persons" means any person, firm, partnership, association, corporation, company or organization of any kind whatsoever. "Plaque" means 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. "Pole Sign" means 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" 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 Persons, groups or parties of political views or policies. "Portable Sign" means any Sign capable of being carried or readily moved from one location to another, including but not limited to an A-Frame Sign, "sandwich sign", a Sign on wheels or a Sign which leans against a stationary object, building or structure. Portable sign does not include a Temporary Directionalllnformation Sign, Political Sign, or human sign "Premises" means the building as it relates to a Wall Sign within which a business is located; or as it relates to a ground Sign, premises is defined as the project Site upon which the business is located. "Primary Wall" means a building wall containing a primary store entrance/exit which faces onto a street or designated parking area. "Project Identification Sign" means 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" means 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. Ordinance 1321 Page 10 "Public Event Banner Sign" means a Temporary Sign advertising events and/or other promotions open to the public and sponsored by the City of Tustin. "Public Parkway Area" means the strip of land between the curb line and the sidewalk. "Public Right-of-Way" means and includes all public streets, curbs, medians, islands, sidewalks and utility easements, now. or hereafter owned in fee or easement by the City. "Public Safety. Area" means a strip of land, twenty (20) feet in width, running parallel with, adjacent to and measured from the Public Right-of-Way line. The Public Right-of-Way line is the same as the property line; see section 9412. "Real Estate Sign" means 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" means the total actual cost to repair or restore a Sign to its original condition. "Responsible Party" means the Owner of the Signor, where ownership is not known, the Owner of the property where the Sign is posted. In the absence of persuasive evidence to the contrary, the person who benefited from the Sign shall be presumed to be the person who was responsible for the placement of the Sign. "Rider" means a changeable portion of a .Real Estate Sign that includes specific information relating to the property or broker. "Roof Line" means either the uppermost edge of the roof or the top of the parapet; see section 9412. "Roof Sign" means a Painted Sign or Attached Sign constructed upon or over a roof, or placed so as to extend above the visible roofline. "Secondary Wall" means a building wall which contains no primary store entrance, but may have emergency exits, exitslentrances subordinate to the primary entrance which may face. onto a street or designated parking area or access d rive. "Seasonal or Holiday Sign(s)" means Signs, such as Christmas decorations, which are used for a historical holiday or special time of the year and installed for a limited period of time, as defined in this chapter. "Sign" or "Signs" means 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 Ordinance 1321 Page 11 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 twenty-five (25) percent 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" means 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. "Sign Copy" means any words, letters, numbers, figures, designs, or other symbolic representation incorporated into a Sign. "Sign Program" means a comprehensive program intended to provide incentive, latitude and variety in order to achieve aesthetically appealing and compatible signage for shopping and professional office Centers and industrial parks with two or more occupants. A Sign program may also be applicable for a single business proposing two or more Signs. "Sign Structure" means the supports, uprights, braces, cables, framework, and display surface of a Sign. "Site" means one (1} 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. "Special Event" is an irregular and unique commercial, civic, patriotic, religious, cultural, community, or political event taking place on a specific date or dates. "Special event" does not include routine commercial promotions, such as regular promotions of a national franchise. "Snipe Sign" means a Temporary Sign or poster which is posted, stuck, tacked or affixed to the ground, a tree, post, fence, utility pole, or other surface. Ordinance 1321 Page 12 "Standard Sign Plans" means a comprehensive set of plans and materials required to be submitted before erecting, placing, rebuilding, reconstructing or moving any Sign. "Storefront Area" means 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 amulti-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. "Street Frontage" means lineal extent of a street which fronts on or is adjacent to either a building or parking area and used as the basis for determining the maximum Sign Area and number of Signs allowed; see section 9412. "Supplemental Signs" means 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 twenty-five (25) percent of the total allowable Sign Area is used for this purpose. "Temporary Directional/information Sign" means a small off-site, staked, Temporary Sign identifying something incidental, including lost or found Persons, items, or pets or directing pedestrian and vehicular traffic to garage sales or homes for sale or lease which are open and available for inspection. "Temporary Sign" means any Sign constructed of paper, cloth, canvass or other similar lightweight material, with or without frames, including painted UVindows, Flags, streamers, Pennants, Banner Signs and other Signs not designed to be attached to a building or anchored tothe ground. "Tivoli Lights" is a brand of Tube lights; see Tube lights. "Tract Identification Sign" means a permanent Sign designed to identify~a single- family or multifamily 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" .are small decorative lights of a permanent nature. Light bulbs are usually one-half watt in size and usually less than one (1) inch long and placed within a clear tube, approximately eight (8) inches apart. "Under-canopy" means a Sign which is perpendicular to and suspended below the ceiling or roof of a Canopy. Ordinance 1321 Page 13 "Use" means 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" means any Sign placed or maintained on a stationary automobile, truck, trailer or any other motor-driven device. "Vertical Clearance" is the vertical distance between grade and the lowest part of any Sign, including~framework or embellishments. "Visual Clearance Area" is 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; see section 9404a3(b} and exhibit in section 9412. "Wall Sign" means 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" means the maximum horizontal dimension of a Sign. "Window" is an opening in a wall surrounded by framework or casing and enclosed with transparent material. For the purpose of calculating window area on one (1) building elevation, a series of adjoining window panes separated by mullions or panels can be combined to establish total window area. "Window Sign" means 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" means any Sign or portion thereof or series of Signs, Banner Signs, 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. 1. Except as otherwise provided specifically in this title, no Sign shall hereafter be erected, re-erected, constructed or altered until a sign permit for such has been issued by the person or body having final authority to do so, or until a conditional use permit or planned Sign program with respect to such a Sign has been granted by the Planning Commission in instances in which a conditional use permit is required. Ordinance 1321 Page 14 2. A separate permit shall be required for each .Sign or group of Signs in one location. In addition to the requirements set forth in this section, all applicable building and electrical permits shall be obtained in accordance with the Uniform Building Code and the Uniform Electrical Code. A tag issued by the city indicating the Sign permit number shall be affixed to the Sign so as to be readily visible. The tag shall include the sign permit number, approval date and/or expiration date for any Sign constructed in compliance with the provisions of this chapter. b. Permit Application. Applications for Sign permits shall be made by the Owner of the property on which the Sign is to be located, by a licensed contractor or an authorized agent of the property Owner, as may be required by state contractors' law, on forms furnished by the Community Development Department and shall be accompanied by all information and fees, as required for standard Sign plans or Master Sign Plans. The application shall be signed by the Owner of the Premises on which the Sign is located. c. Review Procedures. Each Sign permit or Temporary Sign Permit application, plans, and fees shall be submitted to the Community Development Department, pursuant to this chapter, and shall be processed and approved, conditionally approved, or denied within the time limits established by state law for action on development projects by the Community Development Director, unless such approval authority is granted to the Planning Commission pursuant to this chapter or the requirements contained in specific plans, planned developments, or planned community districts. All decisions by the Community Development Department or Planning Commission are final unless appealed in accordance with this chapter. All Signs proposed to be located within the Public Safety Area shall also be reviewed .and approved by the Public Works Department prior to the issuance of any permits. d. Temporary Sign Permits. Temporary Sign permits are required for 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 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. Banner Signs. (a) All Banner Signs must be fixed to a building and hung below a roof eave or mounted on poles. Ordinance 1321 Page 15 (b} All Banner Signs 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 Sign may exceed thirty-two (32) square feet in area, except that a single Banner Sign of up to 100 square feet may be allowed on a building elevation of at least 1,000 square feet that faces a freeway or major arterial. (d) One (1) display per building or street frontage, or in the case of a multi-tenant building, one display per Storefront Area shall be allowed. As a substitute for awall-mounted Banner Sign, one (1 } pole-mounted Banner Sign per property street frontage is permitted. (e} Every Banner Sign shall display a City issued permit identifying the approved dates for the display. Banner Signs displayed without a City permit or on non-approved dates may be removed by the City. (fl Grand opening Banner Signs shall be permitted for a period not to exceed thirty (30) consecutive days. (g} Special Event information Banner Signs for purposes other than grand openings shall be permitted for no more than thirty (30} consecutive days from or around the date of the event,not more than four (4) times in any calendar year, and no more than twice in any calendar quarter. As an alternative, if specific nonconsecutive dates can be identified in writing, a Banner Sign shall be permitted for no more than sixty (60) days per calendar quarter and no more than one hundred twenty (120) days per calendar year. (h) Banner Signs for the sponsorship of nonprofit events, including civic, public, religious, educational, or philanthropic events, shall be permitted for a period not to exceed thirty (30) days per event. Temporary Banner Signs shall be appropriate for the event. Copy of signage may contain names, Logos, or corporate sponsors but such names, Logos, or corporate sponsors may not exceed one-fourth of the Aggregate Area of signage. (i) Banner Signs are Exempt from the requirement to provide a refundable cash bond. (j) Public Event Banner Signs. Public Event Banner Signs may be located within the Public Right-of-Way subject to the following restrictions and criteria: (1) All Public Event Banner Signs posted on the structures approved by the City shall be posted for a maximum of fourteen (14) days Ordinance 1321 Page 16 and shall be removed no later than seventy-two (72) hours after the event-has occurred. (2) All Public Event Banner Signs shall be professionally made and constructed of cloth, canvas, plastic, PVC or similar material, and have slits for proper wind resistance, where necessary (3) No Banner Sign shall exceed thirty-five (35) feet in horizontal length, with a maximum Sign Height or vertical dimension of four (4) feet. (4) All Banner Signs shall contain copy on both sides with only white background and all copy colors shall be limited to a choice of two (2) colors. (5) 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. (6) 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. (7) Any Banner Sign for events with corporate sponsorship must limit the size of the corporate Logo space to no more than twenty-five (25) percent of the total Banner Sign size. 2. Decorative Flags. Decorative Flags shall meet the following criteria and any deviation from these criteria shall be approved by the Planning Commission, as provided for in section 9404c4 (a) Decorative 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 Decorative Flag may exceed six (6) square feet in area with a maximum pole height of twelve (12) feet. (c} Original grand opening Decorative Flags shall be permitted for a period not to exceed thirty (30) days. In addition, a change of ownership or change of business type qualifies for grand opening Flags. (d) Not more than five (5) Decorative Flags per Site for purposes other than grand openings shall be permitted for thirty (30) days and not more than four (4) times in any calendar year nor more than twice in any calendar quarter. Ordinance 1321 Page 17 (e) Decorative Flags are permitted for non-residential projects and only for residential projects in conjunction with temporary Project Identification Signs. 3. Beacons. Beacons used as part of the grand opening are permitted for a period not to exceed thirty (30) days. Temporary Sign permits for grand opening Beacons are subject to the approval of the Community Development Department. 4. Festoons. Festoons may be permitted in conjunction with a Special Event, subject to Planning Commission approval pursuant to section 9404c3. 5. Balloons. Nonmetallic Balloons (individual, groupings or arch of Balloons) may be permitted only one (1) time per year and in conjunction with a Special Event. Balloons shall meet the following criteria and any deviation from these criteria shall be approved by the Planning Commission, as provided for in section 9444c4. Individual or grouping of Balloons: Individual Balloons include Balloons attached separately to the ground or building or attached to the end of a nonmetallic string. A grouping of Balloons is two (2} or more Balloons attached separately to nonmetallic string which are clustered together. (a) Maximum size of Balloons--Twelve (12) inches in diameter. (b) Maximum number--Thirty (30) Balloons. (c) Maximum Height--Fifteen (15) feet above grade. (d) Location--Must be securely affixed to ground or building and must maintain a minimum twenty-foot setback from all property lines. (e) Duration of display--Maximum of two (2) consecutive days,, no more than one (1) 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--Twelve (12) inches in diameter. (b) Maximum number--Three (3) Balloons per lineal foot. (c) Location--Must be securely affixed at each end to ground or building and must maintain a minimum finrenty-foot setback from all property lines. Ordinance 1321 Page 18 (d) Duration of display--Maximum of two (2) consecutive days,. no more than. one (1) time per year for arch, individual, or string of Balloons. e. Exempt Signs. The following Signs are Exempt from the permit requirements of this chapter, provided that they conform to 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. One (1 } Official 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 fifty (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 ten (10) percent 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 Fag pole shall meet the setback requirements and shall not exceed the allowable Height of the zoning district or fifty (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. Seasonal or Holiday Signs, holiday lights and decorations with no commercial message for one continuous period not to exceed fifty (50) days during any given year. 6. Address numbers installed on a building which must be at least six (6) 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. Ordinance 1321 Page 19 8. 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 twenty-five (25) percent of the Window aArea ,upon which they are placed. 9. Non-illuminated on-premises Real Estate Signs or Open House Signs subject to the following criteria: (a) In residential zones, not more than one (1) 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 (1) 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 (200) lineal feet, not more than one (1) Sign per street frontage, with a maximum size of sixteen (16) square feet and maximum six (6) feet in Height. For properties with two hundred (200) lineal feet or more of street frontage, not more than one (1) 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 (1) 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 (1) Sign per street frontage with a maximum of twenty (20) square feet in size and eight (8) feet in Height. (fl All such Signs_shall be installed on private property and only on the Premises which the Sign advertises. (g) All such Signs may contain a maximum of three (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 DirectionaUlnformation 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 Ordinance 1321 Page 20 on or next to the building, maximum size of four (4) square feet and not to exceed one (1) per store entrance. 11. Temporary Directionalllnformation Sign may be located in any district, subject to the following criteria: (a) The Signs shall not exceed three (3) square feet in size and four (4) feet in Height. (b} Signs may be located in the Public Parkway Area, subject to the Visual Clearance Area requirements. A minimum of 1/4 of a mile of street frontage shall be provided on any one street between Garage Sale Signs or Signs identifying or decribing a lost and/or found person, item, or pet. (c) 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. (d) Signs shall not be posted between the hours of 7:00 p.m. and 9:00 a.m. (e) Signs shall only be posted between 200 feet and 500 feet of a street intersection, except when two adjacent intersections are less than 400 feet apart, in which case Signs may be posted within 200 feet of the street intersections. (fl A maximum of two (2) Temporary Directional/Information Signs shall be posted in the vicinity of any one public street corner. The number of Temporary Directional/Information Signs posted at any one street intersection shall not exceed eight (8), regardless of the number of incidental activities. (g) The name, address, and phone number of the Responsible Party shall be provided on the back of the Sign. This information shall occupy a space no larger than 36 square inches. (h) The Responsible Party for Signs erected in the Public Parkway Area 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 the Sign. (i) Open House Signs in the Public Parkway Area shall be subject to the following additional criteria: (1) Signs posted along streets identified in the Arterial Highway Plan of the Tustin General Plan shall only include a directional arrow and the text "open house" in white and green colors . Ordinance 1321 Page 21 (2) Along public streets, a maximum of eight (8) Signs shall be posted per open house. (3) Along public streets, a maximum of one (1) Sign shall be posted per open house per change of direction. (4) The Sign shall provide directions to a house that is available and open for inspection in Tustin only. 12. Light Bulb Strings are permitted on a temporary or permanent basis, provided all of the following limitations are met: (a) Maximum number--One hundred (100) light bulbs. (b) inimum separation between lights--Six (6) inches. (c) Maximum size bulb--Three (3) inches in length, seven (7) watt. (d) Color--Clear or white. (e) Location--Not permitted on the exterior of a building or structure. May be located within twelve (12) inches of the interior of a Window. Light Bulb Strings located more than twelve (12) inches 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 9403e5. 13. Noncommercial Signs,except Public Event Banner Signs, subject to the following criteria: (a) No person shall affix a Sign on any traffic signal, utility pole, traffic control device, or tree. (b) Written permission of the property Owner is required for Signs placed on private property. (c) Signs on private property shall be limited to a maximum of thirty- two (32) square feet in size, and ten (10) feet in Height. (d) The name, address and telephone number of the Responsible Party for posting the Sign shall be included on the Sign. (e) Noncommercial Signs in the Public Parkway Area are subject to the following additional criteria: Ordinance 1321 Page 22 (1) No more than three (3j Noncommercial Signs shall be permitted in the Public Parkway Area abutting any one (1) Parcel of property. (2) Signs shall be limited to a maximum of six (6) square feet in size and four (4) feet in height above grade. (3) Signs shall not be installed or maintained in any manner so as to impede vehicles or permitted parking adjacent to curb, pedestrian walkways, hinder disabled access, or constitute a hazard, to or endanger Persons using the sidewalks. (4) Signs shall not be located in any Visual Clearance Area. (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 the Sign. (6) All Political Signs pertaining to a particular election shall not be erected more than thirty (30) days prior to the election to which the sign pertains and shall be removed within seven (7) calendar days after the date of the election. (7) Any Political Sign posted in the Public Parkway Area that is directly adjacent to a single family residence shall require the written approval of the Owner of the single family residence. (8) If the Community Development Director finds that any Political Sign has been posted or is being maintained in violation of the provisions of this section, the Responsible Party shall be given notice to remove said Sign(s) within twenty-four (24) hours from the time of said notice. The notice shall include a brief statement of the reasons for requiring removal. If the person so notified fails to correct the violation or remove the Sign(s), the Community Development Director may cause said Sign(s) to be removed without further notice. If the Responsible Party for the Sign cannot in good faith be located within a reasonable time, the Sign shall be deemed abandoned. (9) Any Political Sign that remains posted for more than eight (8) calendar days after the election to which it pertains shall also be deemed abandoned. The Community Development Director may cause such Abandoned Signs and any Signs, which constitute an immediate peril to Persons or property to be removed summarily and without prior notice. The City shall assess a charge against any Ordinance 132.1 Page 23 person, candidate, entity, party or group posting or placing Signs in violation of this section for the cost incurred in the removal. (10) Signs in the Public Parkway Area in violation of this section shall be subject to removal by City in accordance with section 9405e 1(b) of this Code. (11) Any person who intentionally defaces, obliterates, tears down, or destroys a Political Sign installed in accordance with the provisions of this Code shall be subject to being charged with an infraction pursuant to section 11212 of this Code. 14. Human Signs shall be permitted on private property and in Public Parkway Areas and sidewalks, subject to the following provisions: (a) Human Signs shall be prohibited within 200 feet of any street intersection. (b) Human Signs shall be limited to a maximum of three (3) square feet in size. (c) Human Signs shall not block the visibility of any traffic control device or traffic signal for motorists. (d) Human Signs on public sidewalks shall yield to the passage of pedestrians. (e} Human Signs shall not spin, twirl, swing or girate. f. 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 ten (10} percent increase in Height or Sign 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; Ordinance 1321 Page 24 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. g. Standard Sign Plans All applications for Sign permits; shall be accompanied by three (3} 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, 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 fifty (50) feet of the Site boundaries can be prepared on an 81/2" 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. 9. Any other information that the applicant believes to be needed to fully define the Sign proposal. Ordinance 1321 Page 25 10. Such other architectural, design, required by the Uniform Sign Code and Sign proposal. or engineering information as may ~ be Uniform Building Code for the specific 11. Any required permit and review fees as established by resolution of the City Council. h. 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 Permanent 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. Incase 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 9403g of this chapter, the following additional information shall be required for a Master Sign Plan: 1. Plan specifications including the type and 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. i. 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: Ordinance 1321 Page 26 (a) Signs shall be consistent throughout the Site by incorporating common design elements such as quality of materials, letter style, colors (not more than three (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 twenty-five (25} percent 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. (fl 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 9403h. (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 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. Ordinance 1321 Page 27 (3) All such Signs shall be located a minimum of twenty-five (25) feet from an interior side property line or fifty (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 to provisions contained in section 9404 of this chapter and any previously approved Master Sign Plan, on file with the Community Development Department. 2. Master Sign Plan criteria. In addition to general criteria listed in section 94031 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 9405e. 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 Center may deviate from the specific standard for permanent business identification .upon submittal and Ordinance 1321 Page 28 approval of a conditional use permit, provided that the Center is a single development project of at least thirty thousand (30,000) building square feet or one (1) 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. 9404 SIGN REGULATIONS a. Prohibited Sign Types, Prohibited Materials and Prohibited Locations Any Sign, Sign structure or advertising device which are not specifically permitted by the zoning district regulations in which the Sign is located or which may have been erected in violation of the laws in effect at time of erection is prohibited. Such prohibited Signs include, but are not limited to the following types, materials and Locations. 1. Types of Signs prohibited: (a} Advertising Bench Signs. No person shall place within a Public Right-of-Way, Public Parkway Area, or in any Public Safety Area within the City any advertising bench, or seat except: (1) Upon obtaining a written permit from the City Council, and, (2) Upon 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, Public Parkway Area, 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 or Public Parkway Area. City Council 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 Ordinance 1321 Page 29 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 TransitAuthority and City Engineer. (4) Displays shall not contain advertising for tobacco or alcohol products. (c) Aerial Signs, unless approved pursuant to section 9404c of this chapter. (d) Animated Signs. (e) Audible Signs. (fl Beacons. Unless approved pursuant to sections 9403d or 9404b of this chapter. (g) Festoons. Unless approved pursuant to section 9404c of this chapter. (h) Flashing Signs. (i) Light Bulb Strings, except holiday lights per section 9403e5, and not in conformance with section 9403e12. (j) Obscene or unlawful Signs. (k) Off-Premises Signs, except Temporary Directionalllnformation Signs, Human Signs, and Noncommercial Signs. (I) On-Premises Advertising Display. (m) Painted Signs. (n) Portable Signs (o) Projecting Signs. (p) Roof Top Signs. (q) Service, product and 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 Ordinance 1321 Page 30 limitations. Identification of product, trade or service information in excess of twenty-five (25) percent of the total allowable Sign Area is also prohibited. (r) Signs constituting a traffic hazard. 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 the words "stop, look, danger," or any other words, phrases, symbols or characters in such a mannerto interfere with, mislead or confuse vehicular or pedestrian traffic. (s) Snipe Signs. (t) Vehicle-mounted 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. 2. Materials Prohibited: Nondurable 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) 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 horizontal or Vertical Clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof. Signs are prohibited on any utility pole, traffic Sign post, traffic signal or any other official traffic control device, in accordance with Section 21465 of the California Vehicle Code. (b) 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 the diagram in section 9412 showing Visual Clearance Area. (c} Signs on Any Public Property, Public Right-of-Way, and Public Parkway Area. Signs on any public property, within Public Right-of Way, including the Public Parkway Area, traffic control sign posts, utility poles, and trees are prohibited. No person, except a public officer in performance of public duty, shall affix by any means any form of Sign on any public property or within the public right-of-way. Temporary Directional/Information Signs, Noncommercial Signs, and Human Signs shall be permitted within the Public Parkway Area, but only in strict accordance with section 9403e. Ordinance 1321 Page 31 (d) Projecting Signs. Projecting Signs shall not extend over or into a Public Right-of-Way or Public Parkway -Area, except for Public Event Banners, subject to approval by the Community Development Director. (e) Side yard setback area. A Monument Sign shall be set back a minimum of twenty-five (25) feet from side property lines or fifty (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 sections 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. An application for a conditional use permit for these types of Signs 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. 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 9404b(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 one hundred thousand (100,000) building square feet or five (5) acres in project size which has a minimum of three (3) 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 one hundred (100) lineal feet from any other Monument Sign or Freestanding Sign in the Center, and (3) be set back a minimum of twenty-five (25) feet from interior side property line or maintain a minimum of fifty (50) feet from another pole or Freestanding Sign located on an adjacent Site. Ordinance 1321 Page 32 (e) Height and size. The Sign shall be compatible with the size and scale of the project and shall not exceed twenty (20) feet in Height and fifty (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. 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, 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 twenty-five-foot setback from anon-freeway property line or maintain a minimum of fifty (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 twenty-four (24) feet in Height and fifty (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 (1) 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 thirty thousand (30,000) building square feet or one (1 } acre 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 94034: Ordinance 1321 Page 33 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. 2. Neonlexposed 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 nonmetallic Balloons. Any request to deviate from the Location, size Height, number or time limits for decorative Flags or Balloons as provided for in section 94034 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/Banner Signs. Any request to Install permanent decorative Flags or Banner Signs 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 Banner Signs, the Commission shall determine that the permanent decorative Flags or Banner Signs 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 41,11 and 4112 of the Uniform Building Security Code, street address numbers shall be displayed in a prominent position so as to be easily visible to approaching vehicles. For residential uses, the numbers shall be no less than three (3} inches in Height and for nonresidential uses the numerals shall be no less than six (6) 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. Ordinance 1321 Page 34 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 Sign. 4. Gasoline pump information Signs shall be attached to pump islands and limited to two (2) 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 sections 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, Sign Area and Height of allowed Signs along with other standards. g. Maintenance and Construction of Signs 1. Standards a. All Signs and Sign structures shall be enclosed, structurally safe, kept in good repair, including replacement of defective parts and illuminating fixtures, repainting and cleaning, and otherwise in a presentable condition such that they do not detract from the appearance of the surrounding area and shall comply with the most current Uniform Building Codes, as locally amended. b. All repairs to Signs shall be at least equal in quality and design to the original Signs. c. All Signs and Sign material shall be constructed of permanent materials including but not limited to metal, wood or other comparable durable weatherproof material. No material more combustible than treated wood shall be used in the construction of any permanent Sign. Any Sign support used in the construction of any permanent Sign shall be reviewed as part of the Sign application. Brackets or other structural elements that contribute to the architecture or in any way contribute to the advertisement of a business shall be calculated as part of the Aggregate Area of signage permitted for the Site. All cabinets, conductors, transformers or other equipment shall be concealed from public view. Ordinance 1321 Page 35 d. 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. e. Electric Signs shall be indirectly illuminated. Illumination shall be either from the interior of a Sign, behind letters (back lighting), channel lighting illuminated from finished grade, or another indirect lighting source. Letters and Logos may be internally lit but Sign background shall be opaque. Illumination shall be considered excessive and not permitted when it prevents the normal perception of buildings or structures beyond or in the vicinity of the Sign or when. it shines directly onto residential zones or in any public or private right-of-way. 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. f. 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 thirty (30) days of removal of said Sign. 2. The Community Development Department shall have the authority to order the painting, repair, Alteration or removal of a Sign that does not conform to the standards set forth in subsection (1). 3. Hazardous Signs. If a sign is damaged or not properly maintained to a degree that causes it to pose a physical danger to persons or property, the following provisions shall apply: a. A hazardous sign is a sign that poses a danger to the public or that could create a potential hazard and are declared to be a public nuisance. b. Removal of hazardous signs. Upon discovering a hazardous condition, the Commuinity Development Director may cause the immediate removal of a sign that is a danger to the public due to unsafe conditions. The determination that a sign has become hazardous or unsafe shall consider only the physical condition and characteristics of the sign, and shall not consider the message thereon. No hearing shall be required for the removal of hazardous signs. The Community Development Director is not required to give notice of intent to remove the sign prior to removal, but shall inform the Responsible Party that the hazardous sign has been removed within seven days of removal, by certified United States mail, return receipt requested and by first class United States mail. c. Signs removed in compliance with this section shall be stored for 30 days, during which time they may be recovered by the Responsible Party Ordinance 1321 Page 36 upon payment to the City for costs of removal and storage. If not recovered within the 30-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City. The reasonable cost of the removal and storage may be assessed against the owner of the sign(s) and/or the property owner. If not paid, the applicable costs may be imposed as a tax lien against the property. Notice of the imposition of the tax lien shall be sent to the owner of the property by certified United States mail, return receipt requested, as well as by first class United States mail.costs of removal and storage (up to 30 days) may be billed to the Responsible Party. 9405 ADMINISTRATION AND ENFORCEMENT a. Responsibility The Community Development Director shall have the authority to administer and enforce all the provisions of this chapter in accordance with the provisions of this code and the currently adopted Uniform Building Code. b. Interpretations If any ambiguity arises concerning the appropriate application of the sign code, the Community Development Director 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. The general intent and purpose of the sign code. 2. Prior administrative interpretation of similar provisions of the sign code. 3. The general intent and purpose of similar provisions in 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 Community Development Director may be appealed to the Planning Commission pursuant to the appeals procedure in this chapter. c. Nonconforming Signs A legally established, Nonconforming 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. Ordinance 1321 Page 37 Sign. 1. A Nonconforming Sign shall not be changed to another Nonconforming 2. A Nonconforming 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 Nonconforming 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 Nonconforming 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 in accordance with 94054. All other provisions of the enforcement section 9405e shall apply. 5. A Nonconforming 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. d. 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 by the Responsible Party from the Premises, or Sign Copy on such Signs shall be removed and~or covered over, within ninety (90) days after the associated enterprise or occupant has vacated the Premises. A Sign is considered abandoned if the occupants are no longer conducting business for a period of ninety (90) days. e. Enforcement, Legal Procedures, and Penalties Enforcement, legal procedures and penalties with 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. 1. Notice and Removal. (a) Notice of violation. Where it is determined that a Sign is constructed, erected or installed in violation of this chapter; improperly maintained; abandoned; illegal; unsafe; or the Sign permit has terminated, been revoked or is otherwise in .violation of this chapter; and written notice is required pursuant to this chapter, such notice shall be mailed or delivered to the Responsible Party. If the notice cannot be sent or delivered to the Responsible Party, then the notice shall be attached to the Sign. The notice shall .give the Responsible Party an opportunity to cure the violation or to appeal the City's determination to remove without notice Ordinance 1321 Page 38 and shall include instructions for how to request a hearing or appeal. An invoice for costs may be included with the notice. (b) Removal with Notice. If the City is required to remove any Signs or if no response is made to a notice of violation, the Sign may be removed by the City. The Sign will be stored by the City for a period of thirty (30) days and may be reclaimed by the Responsible Party after the payment of all removal and storage costs. Any Sign not reclaimed within such time, may be destroyed or disposed of by the City. In the event the Responsible Party does not reclaim the Sign, or pay all fees assessed by the City, the City may recover its costs through the cost recovery mechanism identified in this section. (c) Removal without Notice -Nominal Value Signs. Notwithstanding any other provision herein to the contrary, nominal value Signs in the Public Right-of-UVay, Public Parkway Area, or easements, excepting 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 two hundred dollars ($200.00} may be determined by the Director of Community Development to have nominal value. 2. Nuisance. Notwithstanding any other provision under this Code, all illegal Signs are declared to be a public nuisance and are subject to the Public Nuisance procedures set forth in Chapter 5, "Property Maintenance And Nuisance Abatement Regulations and Standards," of the Tustin Municipal Code. 3. 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. 4. Cost recovery. The City shall have the right to recover from a Responsible Party the full costs of legal remedies, confiscation, storage and disposal of said Sign. An account of all costs for confiscation, removal, storage andlor 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 Responsible Party. 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. 5. Hearings. ordinance 1321 Page 39 (a) Unless stated otherwise in this chapter, any person who has received a notice and/or invoice pursuant to this chapter may request a hearing. Any hearing request must be in writing with the Community Development Director within ten (10) business days of the date of mailing of the notice/invoice. The request for hearing must set forth the basis of such person's objection. (b) Upon receipt of a request fora hearing, the Community Development Director shall set a hearing date before a hearing officer appointed by the City Manager within thirty (30) days of receipt of the request for a hearing. The Director shall provide the person requesting the hearing at least five (5) days advance notice of the hearing date. The hearing date may be changed by mutual consent of the Community Development Director, the person requesting the hearing, and the hearing officer. At the hearing, the person requesting the hearing will have an opportunity to present evidence supporting hislher position. (c) Within thirty (30) days following the conclusion of the hearing, the hearing officer shall render a written decision. A copy of this decision shall be promptly sent to the Responsible Party. This decision shall be final unless appealed by the Responsible Party (also referred to as the "appellant"). (d) If no appeal is filed, the Responsible Party, within seven (7) days, following- the finality of the determination of the hearing officer shall commence the repairs or improvements or removal ordered, and such work shall be completed within ninety (90) days from the commencement thereof, unless otherwise agreed to by the Community Development Department. f. Appeals. (1) Permit Application. An appeal of a decision relative to a Sign application may be made to the Planning Commission. Such appeal shall be filed in writing, including the appeal fee, to the Community Development Department, within ten (10) days after mailing of notification to the applicant of the Community Development Director's application determination. The appeal fee shall be established by a resolution of the city council. (2} Written Determinations. To appeal a determination of the Community Development Director, the appellant shall file a written request for an appeal along with appeal fees with the Community Development Department, within ten (10) days after the mailing of the notice of determination. The Planning Commission shall be empowered to make decisions on the determination. Any determination initially made by the Planning Commission may be appealed to the City Council. (3) Hearings. A final decision rendered by a hearing officer may be appealed to the City Council. To appeal a hearing officer's decision, the appellant shall file a Ordinance 1321 Page 40 written request for an appeal along with appeal fees with the Community Development Department, within ten (10) days after the mailing of the notice of decision. (4) The Planning Commission or City Council, as applicable, shall set the matter for consideration within thirty X30) days of the Community Development Department's receipt of appellant's written request for an appeal and the full payment of the appeal fee, 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 or determination. g. 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. h. 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 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 charts on the following pages 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 sections 9403 and 9404. 9412 GRAPHICS The graphics on the following pages illustrate various types of Signs, Building Frontage and Sign Area calculations. 9413 NONCOMMERCIAL SIGNS No provision of this chapter shall be construed to limit the rights of Owners of Signs regulated by this chapter to display .noncommercial messages on any Sign authorized by this chapter. H ~ ~i Q ~ N ~ N ~ ,~7 ~M .• to 4~ ~ u~o N o iro ,~ V ~ 0 4a •a ~ ~ 0 p ~ A y ~ ~ w r;y y .°uo ~w~ ~ ~- o ~~ ~ ~ o' ~ ~ y ; ~ ~° a y ~ '~ o ~ o ° ~ 4 ~ ' w v~ o ~` a~ a '°~ w ~ a ~~ ., ..~ 4~~ ~ u a~oq~ ~~'0 ~ ~ ~ y0 u a '~ ., .~ A 3 0 ~, u w .., .. u>u a ~ '~'©»~°~ al~wp V'~° a~~ . ~~~~ ~... o a . •~44~ •n ~ cn~~1a~ a a ~O ~ ~ , ~ a c ~.~ o ~•~~~~ z ---------~ --.--_ . . ~ ~ ~ ~ 0 ~ tr z !-- a ~ z 3 ~ 0 ~~ ~ o ~~ ,~ ~ ~,s ~ ~ ~ 3 ~a u ~ ~ N ~~~ .. ao Q wob ;~~ a ouuar ~~~w „~Q ~.~ ~u~auua ~~oou^v~ ,J Q~»~~Quw ~ a ~~ ~ ~ .~ w 0 v ~ ~ a .~ u u ~' ~ v/ u o V a f ; ~ ~ Z . 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A N z z c~ ~~ ~, i ,,, ~ ~ x~. ~~ y v a oz w~ .. y ~ ~ ~ ~ a c~ , a 1~ q . ;~ ~ v~4 ~~~aa~ . ~ ~ 0 ~ N Ci .r ~ ~ '~ w 0o u ~ ~-• „ v .y •w r~ M sn '~ YO• r • a~ w Z 0 r m a 9412 Sign Area ~t_ M I ~ _r i 8x' • ~ -~~ ~kPo~ . ~ . k ~~. ~ , . `~~~ `'" ;:}a;sx : '~~ * ,;: ~ ,, ~ ~.., •. ,, ~, , .~. ~~~ ~ MAXIMUM r~~ yT['f ~~~ ..~ ' ~ ~~~ ~`~ u~ ~~ HEIGHT ~~. ~ -. 73+pes of Signs Project Idenrification _ .,., _... _ Sign w Rendering /`, • •~: ;, - ' Optional :. ~ . Stgn Area .. ~, ,> ~ ~ ., :3.91/41 ~'!~ -': .~~ ri" ~9.Ptiori~:Ho~=~ MAXIM UM nx ~~~ ~, ~.~t ;~ ,.~ ~~ ~~ ~~ HEIGHT ~ ~ ~~: ~, r r , -~ Grade Grade Monument Sign r MAXIMUM cndc HEIGHT Projecting Sign Building Line Center Nan~c MAXIMUM :.~~~- . .R= . Si HEIGHT ~ Tenant Pro~eeting Bn Area Sign Sign .. Area Minimum Clearance See Restrictions in Sections 9403.9411 9412 Of SI ~~~ Wall Sign (Channel Letters) ~ Facade pY C Marquca window Sigft .~ Roof Sign .., ~~ ' 1~Vindow Sign ...~. ,~• M Playue Projecting Sign ,r s~ E .~- ~, Sc~e Rc~~•Iric~tn~tx i~t Sc~cliu~r.~ )411,3 - J4! 1 9x12 ~,es of Signs w~.~ ~~ Mansard Arcade Sign See Restrictions in Sections 9403 - 9411 9412 Sign Area Measurements Definition of Sign Area Measurements by SigA Type: V~lidth x Height =Sign Area Window Signs 1- J_ ~- ~, -~ Other Shapes ~-- WIDTH --I ---~-~ ~ HEIGHT __L ~-- w~oTH ---_-~ ,, .~. ~., ~~'T ~, : _. .. :.' ~ ~`~..r.• .-- .., J _ c~ s~~ ~ ,. _. ~~ S ~::. ~~ ~.a. HEK~T ~:~;. ~~ -... _ i I' I i I I I I I I Armed ~ Signs Channei betters r-- - -- I _-~ l.. ,... ~~ w ~~ ~~ ~~ /~~~" ~~`~ 'f~Y,~~ yi1 '-` r~~r~r r ~.,~ ~.~.:.,, ~~~~.~ HEIGHT ~;~~ L WfDTH --~ I I See restrictions in Sec~u~tts 940,E ~ ~d 11 R;ectangu~ar Signs Canister Wag or Freestanding Signs 9412 Building Frontage Calculations :;~ HEIGHI Guidelines for Determining Sign Location Visual Clearance. and Public Safety Areas Strut ~o~ 1a - .~ Driveway or Altcy Q Minimum 20' wide Public Saiety Arcs ~ Visual Claranoc Areas to Remain Clear TIGHT E L.~. 25, .,...._ Curh t.inc '~- -- 25' Sidewalk Street Property ~iae See Restrictions in Sections 9403 - 9411 ------ WIDTH A WIDTH 8 Sion A = Height A x Width A Store B = Height B x Width B Ordinance 1321 Page 41 SECTION 2. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Codified Ordinances of the County of Orange, or other relevant Orange County non-codified Ordinances, as the same were adopted by reference by City Ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of January, 2007. DOUG DAVERT, Mayor PAMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE N0. 1321 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1321 was duly and regularly introduced and read at the regular meeting of the City Council held on the 2nd day of Janua , 2007, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 15th day of Janua , 2007, by the following vote: COUNCILPERSONSAYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: ATTACHMENT E PowerPoint Presentation (available on January 2, 2007)