HomeMy WebLinkAbout04 WORKSHOP TEMP SIGNS IN THE POW 1
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ITEM #4
AGENDA REPORT
MEETING DATE: AUGUST 8, 2017
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: WORKSHOP — TEMPORARY SIGNS WITHIN THE PUBLIC
RIGHT-OF-WAY
SUMMARY
The purpose of this workshop is to provide a comprehensive report to the Planning
Commission in advance of a public hearing that describes three (3) specific code
amendment options addressing the regulation of temporary signs in the public right-of-
way in light of the United States Supreme Court decision in Reed v. Town of Gilbert, AZ;
and to obtain additional public input and direction from the Commission.
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BACKGROUND AND DISCUSSION
Chapter 4 of Article 9 of the Tustin City Code contains the City's sign regulations.
These regulations were initially adopted in 1991 as part of a comprehensive sign code
amendment. Subsequent amendments addressing specific subject areas were adopted
in 1993, 1995, and 2007.
Planning Commission Report
August 8, 2017
Workshop—Temporary Signs
Page 2
The objectives of the City's Sign Code include:
1. ensuring that all signs are inherently safe and do not pose a hazard to
pedestrians or motorists;
2. maintaining and enhancing the quality of the City's appearance;
3. avoiding sign clutter;
4. promoting uniformity;
5. controlling sign proliferation by limiting off-premises signs; and,
6. ensuring that signs primarily identify and provide direction businesses and events
rather than serve as a form of advertisement.
In 2006, community members expressed concerns focusing on the proliferation of signs
in the public right-of-way, and City staff reviewed the City's sign regulations pertaining to
signs in the public right-of--way. The signs of greatest concern at that time were human
signs, off-premises real estate open house signs, and political signs.
In October 2006, the Community Development Department hosted an informational
meeting with approximately 60 real estate professionals. The purpose of the meeting
was to discuss the City's existing sign regulations for open house signs and ways to
address these issues through changes to the existing regulations.
Following extensive outreach and several public workshops and public hearings, the
City Council adopted amendments to the Sign Code in March 2007. These
amendments remained enforceable until the United States Supreme Court issued a
decision in June 2015 concerning governmental regulation of signs (Reed v. Town of
Gilbert, AZ, also known as the Reed case).
2015 United States Supreme Court Decision
On June 18, 2015, the United States Supreme Court issued a decision in Reed v. Town
of Gilbert, AZ, and determined that categorizing signs based on their content violated
the First Amendment. In response to this decision, many cities nationwide must review
their existing sign codes to determine if they are in violation-of the First Amendment.
The current Tustin Sign Code categorizes signs based on content. To avoid conflicts
with the law established by the United States Supreme Court decision, several revisions
to the City's sign regulations addressing temporary signs in the public right-of-way are
recommended. The most important sign types to be addressed at this time include
temporary off-premises commercial signs and temporary non-commercial signs.
Additional amendments to the Tustin Sign Code addressing on-site commercial signs
are planned to be brought forward to the Planning Commission and City Council at a
future date.
Because of the requirement for signs to now be content-neutral, signs must be
described more generically by a broader sign type, rather than by sign content. For
example, real state open house signs must be regulated as a type of commercial sign,
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Planning Commission Report
August 8, 2017
Workshop—Temporary Signs
Page 3
and political signs must be regulated as a type of non-commercial sign. In the Reed
case, the Supreme Court determined that it is permissible to distinguish between
commercial and non-commercial signs, provided that commercial speech is not favored
more than non-commercial speech.
City Actions and Community Input
On February 21, 2017, the City Council and Planning Commission held a joint workshop
at which the issue of signs in the public right-of-way was discussed, and staff was
directed to take the following steps:
1. Conduct outreach to the real estate industry, non-profit organizations, the
Chamber of Commerce, and local schools;
2. Research the sign ordinances of neighboring cities;
3. Hold a Planning Commission workshop;
4. Draft an ordinance with content neutral regulations that allows signs in the
public right-of-way; and, I
5. Present recommendations to the Planning Commission and City Council at
public hearings.
On March 28, 2017, the Planning Commission held a public workshop on this issue.
Outreach for this workshop included the Tustin Chamber of Commerce, local non-profit
organizations, the Tustin Unified School District, the two local associations of realtors,
local places of worship, and other stakeholders who may have an interest in this issue.
At the public workshop, staff accomplished the following:
1. Provided stakeholders and the general public with a general overview of the
Reed v. Town of Gilbert, AZ Supreme Court case;
2. Described the outcome of the decision and how it impacts Tustin;
3. Showed some examples of impacted signs;
4. Identified possible content neutral regulations and next steps; and,
5. Obtained input from the public and direction from the Commission.
In addition, City staff surveyed all 34 cities in Orange County and found that most cities
prohibit signs in the public right-of-way. In fact, 17 Orange County cities prohibit real
estate open house signs in the public right-of-way, and 26 of the cities prohibit political
signs in the public right-of-way."
ANALYSIS
The following analysis describes the City's existing regulations for temporary signs
within the public right-of-way and the proposed changes under Options One, Two, and
Three.
Planning Commission Report
August 8, 2017
Workshop—Temporary Signs
Page 4
Temporary signs within the public right-of-way include temporary off-premises
commercial signs and temporary non-commercial signs.
• Temporary off premises commercial signs are temporary signs that relate to the
sale of any merchandise, product, service, commodity, or other item activity for
private benefit or gain which are not sold or produced on the premises upon
which the sign is placed. Temporary off-premises commercial signs include
business identification signs, garage sale signs, and real estate open house
signs.
• Temporary non-commercial signs are temporary signs that do not relate to the
sale of any merchandise, product, service, commodity, or other item or activity for
private benefit or gain and include political signs, protected speech signs, public
event signs, and non-profit event signs.
Proposed Code Amendment Options
Staff has drafted code amendments that would amend the City's sign regulations
contained in Chapter 4 of Article 9 of the Tustin City Code pertaining,to temporary signs in
the public right-of-way. Signs on private property will be addressed at a future date. The
proposed amendments are intended to limit sign blight and be consistent with the Reed
decision. Staff has identified the following three (3) options for the Planning Commission's
consideration:
1. The first option is consistent with the direction provided to staff at the February 21,
2017, joint workshop and the March 28, 2017, workshop. Option One would allow
temporary non-commercial signs and temporary off-premises commercial signs in
certain areas of the public right-of-way. These signs would be subject to uniform
standards regulating the size,. height, placement, and maximum number of the
signs that are the same as, or similar to, the City's existing standards. The
regulation of the signs would not be based on the content of the commercial signs
or non-commercial signs. Option One would also establish time limits for posting all
temporary signs in the public right-of-way
2. The second option is nearly identical to Option One. It would set time limits for
temporary off-premises commercial signs, but would not limit the duration for
posting temporary non-commercial signs in the public right-of-way, because such a
limit is nearly unenforceable. If this option were considered, the Commission may
need to adopt a finding that some forms of sign blight are acceptable.
3. The third option is a staff recommendation that would prohibit temporary non-
commercial signs and temporary off-premises commercial signs in the public right-
of-way, except for portable signs within the Cultural Resource District or Old Town
General Plan land use designation.
Planning Commission Report
August 8, 2017
Workshop—Temporary Signs
Page 5
EXISTING AND PROPOSED STANDARDS FOR
TEMPORARY SIGNS
Sign Topic Existing Proposed Proposed Proposed
Type Option 1 Option 2 Option 3
Size 3 square feet 4 square feet 4 square feet
Temporary Height 4 feet high 4 feet high 4 fee high
Off-Premises Location One per Two per enterprise Two per enterprise All temporary signs
Commercial open house per intersection per intersection prohibited in the
Signs per direction public right-of-way
change
Real Estate
Open House
Signs, Garage 25-300 feet 25-300 feet from an 25-300 feet from an
Sale Signs, from an intersection intersection
some Business intersection
Identification Duration 9 a.m.to 7 7 a.m. to 7 p.m. 7 a.m. to 7 p.m.
Signs p.m. Fridays, Saturdays, Fridays, Saturdays,
and Sundays on[ and Sundays only
Copy Generic Sign content Sign content
signs only virtually virtually
unregulated unregulated
Maximum No maximum Maximum of 10 Maximum of 10
Number citywide per citywide per
enterprise enterprise
Business Prohibited See above See above
Identification
Size 6 square feet 4 square feet 4 square feet
Temporary Height 4 feet high 4 feet high 4 feet high
Non- Location Max of 3 Max of 1 abutting Max of 1 abutting All temporary signs
Commercial prohibited in the
abutting any any property and any property and
Signs property 25-300 feet from an 25-300 feet from an public right-of-way
intersection intersection
Political Signs, Duration 45 days prior 45 days and No limit on duration
Protected to and 5 days removed 5 days
Public Event'
Signs, after after event-45 days
Signs*, Non- election-50 total
profit Event days total
Signs Copy Varies Sign content Sign content
depending virtually virtually
'Public event signs on type of unregulated (non- unregulated (non-
an installed by the sin commercial) commercial
City and are not
described in this Maximum No maximum No maximum No maximum
table Number
Planning Commission Report
August 8, 2017
Workshop—Temporary Signs
Page 6
Based on the Reed decision, Options One and Two would need to allow virtually any
sign content on temporary off-premises commercial and non-commercial signs. To
avoid potential sign blight while allowing temporary real estate open house signs and
garage sale signs in the public right-of-way, Options One and Two propose that
temporary off-premises commercial signs be required to be associated with a
commercial enterprise in Tustin for which permanent business identification signs are
not authorized. This would allow most real estate professionals and residents to
temporarily display real estate open house signs and garage sale signs in various
locations within the public right-of-way. However, it would also allow other types of
businesses such as home-based businesses to post signs in the public right-of-way
throughout the City.
To limit the potential for sign clutter, Options One and Two propose that a maximum of
ten (10) temporary off-premises commercial signs per commercial enterprise be allowed
within the City at any one time, and that these types of signs be allowed from 7:00 a.m.
to 7:00 p.m., but only on Fridays, Saturdays, and Sundays. Under Options One and
Two, no citywide limit is proposed for the maximum number of temporary non-
commercial signs in the public right-of-way. However, the size, height, location, and
duration of the signs would be regulated.
Option Three would prohibit temporary non-commercial signs and temporary off-
premises commercial signs in the public right-of-way, except portable sidewalk signs in
the Cultural Resource District and Old Town General Plan land use designation. Staff
recommends this option in lieu of Options One and Two primarily for the following
reasons: 1) the majority of Orange County cities prohibit temporary signs in the public
right-of-way; 2) the significant cost to enforce signs in the public right-of-way; 3)
maintenance of public parkways; 4) storage of signs retrieved from the public right-of-
way; 5) concerns related to objectionable non-commercial signs abutting residential
property and other sensitive uses; and 6) the reduction in sign proliferation and clutter.
It should be noted that pursuant to existing State law, the City may not .prohibit off-
premises real estate signs on private property, provided the owner's consent is
obtained. Real estate signs on private property are entitled under State law to include
the following information: advertise that the property is for sale, lease, or exchange by
the owner or his or her agent; directions to the property; the owner's or agent's name;
and the owner's or agent's address and telephone number. (Cal. Civ. Code Sec. 713.)
Thus, under Option Three, real estate open house signs could be placed throughout the
city, but on private property only.
Planning Commission Report
August 8, 2017
Workshop—Temporary Signs
Page 7
Public Outreach and Input
Outreach for this workshop included the Tustin Chamber of Commerce, local non-profit
organizations, the Tustin Unified School District, the two (2) local associations of
realtors, local places of worship, and other stakeholders who may have an interest in
this issue. Additional input from the public regarding temporary signs should be
received at the workshop.
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Scott Reekstin Elizabeth A. Binsack
Principal Planner Director of Community Development
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