HomeMy WebLinkAbout13 ORD 1321--SIGN REGS 04-03-07
AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
MEETING DATE: MARCH 6, 2007
TO: WilliAM HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE SECOND READING - ORDINANCE NO. 1321 - CODE
AMENDMENT 06-005 - SIGN REGULATIONS
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.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1321 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On March 20, 2007, the City Council had first reading by title only and introduction of
the following Ordinance:
ORDINANCE NO. 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
-rn~ ~ f/vB~/
Maria R. Huizar, ", ·
Chief Deputy City Clerk
ORDINANCE NO. 1321
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 4 OF
ARTICLE 9 OF THE TUSTIN CITY CODE RELATING TO
SIGN REGULATIONS
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 and information ~igns, 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. Chapter 4 of Article 9 of the Tustin City Code is amended in its
entirety to read:
. "CHAPTER 4 SIGN REGULATIONS
9401 PURPOSE
The purpose of this chapter is to promote community identity and effective
business identification through the regulation and design of signs and sign structures
within the City of Tustin. Because signs and graphics are an essential element of our
community, their location, number, size and design have a significant influence upon the
community's visual and economic environment. The regulation 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 mayor 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 anyone
(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 90py on cabinet type Signs.
Ordinance 1321
Page 3
"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
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 Wall 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.
Ordinance 1321
Page 4
"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.
"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.
Ordinance 1321
Page 5
"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.
"Copy" means any words, letters, numbers, figures, designs or other symbolic
representations illuminated or non-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.
Ordinance 1321
Page 6
"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.
"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 or emergency 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 for wall mounted Signs.
"Logo" means a name, symbol, feature or trademark that represents a business,
enterprise, group or activity.
Ordinance 1321
Page 7
"Maintenance (of Signs)" means, for the purposes of this chapter, the cleaning,
painting, repair, or replacement of defective parts of a Sign in a manner that does
not Alter the basic copy, design, or structure of the Sign.
"Mansard" 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 a non-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 Protected Speech Sign.
(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.
Ordinance 1321
Page 8
"Official Flag" means flags of the United States of America, the State of
California, City or other governmental agency.
"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 similar substance 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
Ordinance 1321
Page 9
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
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 Directional/Information 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 pertaining to a candidate for public office or a
ballot issue pending before the electorate at a specific election.
"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
Directional/Information 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
"Protected Speech Sign" means any Sign containing a message of public
interest, and containing no commercial speech. For the purpose of this Chapter,
the term "Protected Speech Sign" does not include Political Signs.
"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, and any City landscape easement adjacent to the Public Right-of-Way.
"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 Sign or, 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. For Open House Signs, the Responsible Party shall be the real estate
licensee holding the open house and that real estate licensee's real estate broker
of record.
"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, exits/entrances subordinate to the
primary entrance which may face onto a street or designated parking area or
access drive.
Ordinance 1321
Page 11
"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
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.
Ordinance 1321
Page 12
"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.
"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 a multi-tenant building)
by the wall Height (which includes all vertical surfaces between the finished
grade and the roof); see section 9412 for a display of the storefront area
calcu lation.
"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 Windows,
Flags, streamers, Pennants, Banner Signs and other Signs not designed to be
attached to a building or anchored to the 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.
Ordinance 1321
Page 13
"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.
"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.
Ordinance 1321
Page 14
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.
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 a,gent of the
property Owner, as may be required by state contractors' law, on forms furni.shed 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.
Ordinance 1321
Page 15
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.
(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 a wall-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.
(f) 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
Ordinance 1321
Page 16
contain names, Logos, or corporate sponsors but such names, Logos, or
corporate sponsors may not exceed C?ne-fourth of the Aggregate Area of
signage.
(i) Banner Signs are Exempt from the requirement to provide a
refundable cash bond.
0) 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
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.
Ordinance 1321
Page 17
(b) No Decorative Flag may exceed six (6) square feet in area with a
maximum pol.e 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.
(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
9404c4.
Indiyidual 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 daysl; no more
than one (1) time per year for arch, individual or string of Balloons.
Ordinance 1321
Page 18
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--Musf be securely affixed at each end to ground or
building and must maintain a minimum twenty-foot setback from all
property lines.
(d) Duration of display--Maximum of two (2) consecutive daysl; 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 governm'ental 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.
Ordinance 1321
Page 19
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.
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 H~ight.
(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.
Ordinance 1321
Page 20
(f) 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 Directional/Information Sign not exceeding six (6) square
feet per face nor four (4 ) feet in Height, limited to one (1) Sign per vehicle
entrance to the Site. In addition, each tenant may have directional Signs located
on or next to the building, maximum size of four (4) square feet and not to
exceed one (1) per store entrance.
11. Temporary Directional/Information 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 anyone 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 25 feet and 300 feet of a street
intersection.
(f) 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 10 square inches.
(g) 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.
(h) Open House Signs in the Public Parkway Area shall be subject to
the following additional criteria:
Ordinance 1321
Page 21
(1) Signs shall only include a directional arrow, the address of
the open house, and the text "open house." Address letters and
numbers shall be between two (2) and four (4) inches in height.
(2) Along public streets, a maximum of one (1) Sign shall be
posted per open house per change of direction.
(3) The Sign shall provide directions to a house that is available
and open for inspection in Tustin and the Tustin Sph~re of
Influence 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. Political Signs, subject to the following criteria:
(a) No person shall affix a Political Sign on any traffic signal, utility
pole, traffic control device, or tree.
(b) Written permission of the property Owner is required for Political
Signs placed on private property.
(c) Political 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 Political Sign shall be included on the Sign.
Ordinance 1321
Page 22
(e) Political Signs in the Public Parkway Area are subject to the
following additional criteria:
(1) No more than three (3) identical Political Signs shall be
permitted in the Public Parkway Area abutting anyone (1) Parcel of
property.
(2) Political Signs shall be limited to a maximum of six (6)
square feet in size and four (4) feet in height above grade.
(3) Political 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) Political Signs shall not be located in any Visual Clearance
Area.
(5) Any person, party or group posting such Political 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 forty-five(45) days prior to the election to
which the sign pertains and shall be removed within five(5)
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
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 six (6)
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
Ordinance 1321
Page 23
immediate peril to Persons or property to be removed summarily
and without prior notice. The City shall assess a charge against any
person, candidate, entity, party or group posting or placing Signs in
violation of this section for the cost incurred in the removal.
(10) Political Signs in the Public Parkway Area in violation of this
section shall be subject to removal by City in accordance with
section 9405e1 (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 1121 of this Code.
14. Protected Speech Signs, subject to the following criteria:
(a) No person shall affix a Protected Speech Sign on any traffic signal,
utility pole, traffic control device, or tree.
(b) Written permission of the property Owner is required for Protected
Speech Signs placed on private property.
(c) Protected Speech 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 Protected Speech Sign shall be included on the Sign.
(e) Protected Speech Signs in the Public Parkway Area are subject to
the following additional criteria:
(1) No more than three (3) Protected Speech Signs shall be
permitted in the Public Parkway Area abutting anyone (1) Parcel of
property.
(2) Protected Speech Signs shall be limited to a maximum of six
(6) square feet in size and four (4) feet in height above grade.
(3) Protected Speech 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) Protected Speech Signs shall not be located in any Visual
Clearance Area.
(5) Any person, party or group posting such Protected Speech
Signs shall be liable to the City of Tustin, private property Owners
Ordinance 1321
Page 24
and the general public for any injury to Persons or property
resulting from the placement and Maintenance of the Sign.
(6) A Protected Speech Sign shall be posted for no more than
fifty (50) days. The Responsible Party shall indicate on the back of
the Sign the date that the Sign was posted.
(7) Any Protected Speech Sign posted in the Public Parkway
Area that is directly adjacent to a single family residence shall
require the approval of the Owner of the single family residence.
(8) If the Community Development Director finds that any
Protected Speech 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 Protected Speech Sign that remains posted for more
than fifty (50) days 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 person,
candidate, entity, party or group posting or placing Signs in violation
of this section for the cost incurred in the removal.
(10) Protected Speech Signs in the Public Parkway Area in
violation of this section shall be subject to removal by City in
accordance with section 9405e1 (b) of this Code.
(11) Any person who intentionally defaces, obliterates, tears
down, or destroys a Protected Speech Sign installed in accordance
with the provisions of this Code shall be subject to 'being charged
with an infraction pursuant to section 1121 of this Code.
15. 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.
Ordinance 1321
Page 25
(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 tq 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;
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.
Ordinance 1321
Page 26
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 8 1/2" x 11" size paper.
6. Where the Sign is to be attached to an existing building, a current color
photograph of the face of the building to which the sign is to be attached and
color photograph of all existing Signs on the building and Sign structures labeled
to show'which Signs will be removed and which will remain.
7. A Sign plan shall indicate the scope and structural detail of the work to be
done, including details of all electrical and mechanical connections, guy lines,
supports and footing and materials to be used.
8. Means of lighting/illumination along with an electrical permit for all
Electrical Signs. All electrical components for the Sign shall be listed and
approved by certified testing laboratory.
9. Any other information that the applicant believes to be needed to fully
define the Sign proposal.
10. Such other architectural, design, or engineering information as may be
required by the Uniform Sign Code and Uniform Building Code for the specific
Sign proposal.
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.
Ordinance 1321
Page 27
After approval of a Master Sign Plan, no Sign shall be erected, placed, painted or
maintained except in conformance with such plan, and such plan may be enforced in
the same way as any provision of this ordinance unless a modification to the Master
Sign Plan is approved. In case of any conflict between the provisions of such a plan and
this ordinance, the ordinance takes precedence. In addition to all of the requirements for
Standard Sign Plans contained in section 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:
(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
Ordinance 1321
Page 28
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.
(f) Signs shall be compatible with the visual characteristics of the
development and Signs in the surrounding area and shall not detract from
adjacent developed properties.
(g) New Signs in existi'ng 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.
(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
9403i 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.
Ordinance 1321
Page 29
(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
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.
Ordinance 1321
Page 30
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
Commission may also recommend certain guidelines to the City
Council on appropriate standards for advertising and/or design.
(3) All advertising display bus shelters shall be located based
upon ridership demand, as determined by the Orange County
Transit Authority and City Engineer.
(4) Displays shall not contain advertising for tobacco or alcohol
products.
(c) Aerial Signs, unless approved pursuant to section 9404c of this
chapter.
(d) Animated Signs.
(e) Audible Signs.
(f) Beacons. Unless approved pursuant to sections 9403d or 9404b of
this chapter.
Ordinance 1321
Page 31
(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.
0) Obscene or unlawful Signs.
(k) Off-Premises Signs, except Temporary Directional/Information
Signs, Human Signs, and Noncommercial Signs.
(I) On-Premises Advertising Display.
(m) Painted Signs.
(n) Portable Signs
(0) 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
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 manner to 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.
Ordinance 1321
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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.
(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
Ordinance 1321
Page 33
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.
(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.
Ordinance 1321
Page 34
(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 a non-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 9403d:
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. Neon/exposed light when intended as a permanent feature integrated with
a building's architectural design.
3. Festoons. Festoons may be permitted on a temporary basis only in
conjunction with a Special Event, provided the Planning Commission determines that it
is consistent with the size and scale of the project and approves a Temporary Sign
permit.
4. Temporary decorative Flags and 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 9403d 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.
Ordinance 1321
Page 35
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 4111 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 contrastin,g with the background and located so they can be
clearly seen and read.
e. Gasoline Service Station Sign Standards
1 . Pricing Signs shall be visible from the street or highway adjacent to the
Sign, and when situated at an intersection, the Sign shall be visible from each street.
2. The number of Signs, Sign Area, Location, Height and type of signage
shall conform to the Individual Business Identification Sign criteria.
3. Pricing Signs shall be incorporated with the service station Business
Identification'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
Ordinance 1321
Page 36
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.
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.
Ordinance 1321
Page 37
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 Depprtment 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
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.
Ordinance 1321
Page 38
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.
1. A Nonconforming Sign shall not be changed to another Nonconforming
Sign.
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 9405d. All other
provisions of the enforcement section 9405e shall apply.
Ordinance 1321
Page 39
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
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-Way, 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
Ordinance 1321
Page 40
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 I~gal remedies, confiscation, storage and disposal of said Sign. An
account of all costs for confiscation, removal, storage and/or disposal shall be
maintained by the Community Development Department. A noticed public hearing
before the City Council shall be scheduled and said notice shall be served on the
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.
(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 for a 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 his/her position.
Ordinance 1321
Page 41
(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
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 (30) 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
Ordinance 1321
Page 42
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.
SEE CHARTS AT END OF ORDINANCE
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.
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 anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Ordinance 1321
Page 43
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this _ day of April, 2007.
LOU BONE,
Mayor
PAMELA STOKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF TUSTIN )
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 was passed
and adopted at a regular meeting of the City Council held on the _ day of April,
2007, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER,
City Clerk
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9412
1Jpes of Signs
Siln Area
Project Identification
Sign
--r
:. :'a;''',4~,'"f ,~:
i:~~~.\ :
'.!.~~;g~'. . \-
~ )J,t" ~".. MAXIMUM
:.~:~1f~>~} HEIGHT
Reader'nl
Optional
SilD Area
'. '*
.. ';..=~.:.::.'
, 1'. 'Conr.t-Ai.-" .
.~.~,~~
.:;~.:;(~ ~:~~ .::\; -:;-
MAXIMUM
HEIGHT
Orade
Orade
Oracle
Monument Sign
--r
MAXIMUM
HEIGHT
Projecting Sign
ProjectiDI
Sllft
Bulldin. Une
Sip Area
1--- -.l
...
Center Name
MAXIMUM ..
HEIGHT Tenan
Sip
Area
f ,
Minimum
Clearance
s~~ R~slriclions in SecliolU 9403 · 9411
9412
1Jpes of Signs
Wall Sign
(Channel Letten)
Window Sip
Roof Sip
Facade
Marquee
Window Sip
Pblque
StY Re.f/ric/;t)".r i" SC..f:li(),r.r 94()J - 94/1
9412
Types of Signs
Wall Sign
(Cabinet)
Canopy Sign
Canopy
Awning Sign
Mansard
. Arcc1de Sign
See Re3/ric/ions in See/ions 9403 - 9411
9412
Sign Area Measurements
Definition of Sign Area Measurements by Sip Type:
Width I Height :::a Sign Area
Rectangular Signs
Canister WaD or Preestandin. Sip
. ,
Other ~hapes
I-- WIDTH I
---~r
HEIGHT
--1
1- WIDTH I
, -- - - --- - -r T
,- - , , ----
", ..""". "
~ .: " '. -, HE'GuT
' ,',. ..' \ 'r:
" ' ' , ',' , .'. , . ',," ' i ~
" .., J
' ....... ..,,- ~
---- -- -
Wmdow Sip
0... Surface ~
,.
I
I
I
I
. Attached WaD Sip
Channel Letten
.s-eL, __ICL__, IV!
~-~n___ qpJJ
"..., ...... - r
/:.~.::~ ~~~
"..:... :~. ....r.~'..:.\
. ", .~~"'.. ,) HEIGHT
\: .,..tl :,'"lIt ....~.. '..., ; ,
"'t~ ft.. . J" ";:.:j..l
, ~":,,,~~'~~~f., /1 L
'~.~~-
L WIDTH .J
, ,
Se~ R~slncliolU in Sections 940J · 9411
9412
Building Frontage Calculations
, I
L
J-- WIDTH A --+- WIOlli B
Store A
Store B
T
HEIGHT A
Store A - Height A x Width A
Store B - Height B x Width B
Guidelines for Determining Sign Location
Visual Qearance and Public Safety Areas
Street
J-10' -J
Curb I..ine
Driveway
or AJIc:y
Sidew:alt
c::::J Minimum 111 wide
Public Satel, Area
- Visual Clearance Areas
10 Remaia Oeaf
Street
Propeny Line
See Restric/ions in Seclion.r 9403 - 9411
300' ~
'# 300'
300'
Jf
30~
,
'<I . ..
.,. .
= :..-
~
r
:
A
.
.'. . t
"
30e
300'
300' _.
" 300'
Acceptable Locations for
Posting Real Estate Open House Signs
in the Public Right-of-way .