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HomeMy WebLinkAbout02 CA 2017-004 TEMP SIGNS IN THE PUBLIC ROW ITEC #� AGENDA REPORT MEETING DATE: FEBRUARY 13, 2018 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 2017-004 (ORDINANCE NO. 1483) — TEMPORARY SIGNS IN THE PUBLIC RIGHT OF WAY SUMMARY Code Amendment 2017-004 proposes to amend Article 9 Chapter 4 of the Tustin City Code, related to temporary signs in the public right-of-way, in accordance with a 2015 United States Supreme Court decision. i Rovi RECOMMENDATION That the Planning Commission adopt Resolution No. 4344, recommending that the Tustin City Council adopt Draft Ordinance No. 1483, amending Article 9 Chapter 4 of the Tustin City Code to: 1 ) Allow temporary off-premises commercial signs and temporary non- commercial signs in the public right-of-way; and, 2) Apply uniform standards that are based on size, location, total number, posting duration, and placement, rather than content. Planning Commission Report February 13, 2018 Code Amendment 2017-004 Page 2 APPROVAL AUTHORITY As the designated planning agency of the City of Tustin, the Planning Commission is authorized to implement the General Plan through actions, which include the administration of ordinances such as sign ordinances. BACKGROUND AND DISCUSSION Chapter 4 of Article 9 of the Tustin City Code (TCC) 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. 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, the issues associated with the existing sign regulations, 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 conceming governmental regulation of signs. 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 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. Planning Commission Report February 13, 2018 Code Amendment 2017-004 Page 3 City Actions and Community Input In 2017, the City conducted three (3) workshops and one (1) public meeting on the topic of temporary signs in the public right-of-way. On February 21, 2017, the City Council and Planning Commission held a joint workshop; on March 28, 2017, and August 8, 2017, the Planning Commission held public workshops on this issue, and on November 28, 2017, the Planning Commission discussed the proposed code amendment at their regular meeting. Outreach for the workshops and the public meeting 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. On August 8, 2017, the Planning Commission considered three (3) 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. The Planning Commission received public input and directed staff to return with a modified version of the code amendment for the Planning Commission's consideration prior to public notification and the publication of public hearing notices. The August 8, 2017, staff recommendation to prohibit temporary signs in the public right-of-way (former Option Three) was removed from further consideration based on the Planning Commission's collective direction to not proceed with this option. Former Option Three would have prohibited temporary non-commercial signs and temporary off-premises commercial signs in the public right-of-way. There are several reasons staff recommended this option: 1) to eliminate sign blight, proliferation, and clutter in the public right-of-way; 2) the City's inability to control the content of signs within the public right-of-way; 3) many individuals placing signs within the public right-of-way will misunderstand the regulations; 4) the majority of Orange County cities prohibit temporary signs in the public right-of-way; 5) the significant cost to enforce signs in the public right-of-way; 6) maintenance of public parkways; 7) storage of signs retrieved from the public right-of-way; and 8) concerns related to objectionable non-commercial signs abutting residential property and other sensitive uses. On November 28, 2017, the Planning Commission considered their preferred modified version of the proposed code amendment and directed staff to prepare an ordinance and conduct required public noticing and targeted noticing to impacted properties prior to the Planning Commission public hearing on Code Amendment 2017-004. ANALYSIS The City's current 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 Planning Commission Report February 13, 2018 Code Amendment 2017-004 Page 4 recommended. The most important sign types to be addressed at this time 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. Additional amendments to the City's Sign Code addressing on-site commercial signs are planned to be brought before 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 are a type of commercial sign, and political signs are a type of non-commercial sign. The United States 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. The following analysis describes the City's existing regulations for temporary signs within the public right-of-way and the proposed code amendment. Proposed Code Amendment As directed by the Planning Commission on August 8, 2017, and November 28, 2017, the proposed code amendment would allow temporary signs in the public right-of-way and be consistent with the Reed decision. The full content of Code Amendment 2017-004 is included in Attachment C. Code Amendment 2017-004 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 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. Code Amendment 2017-004 would also establish time limits for posting all temporary signs in the public right-of-way and would allow up to twenty (20) temporary off-premises commercial signs per enterprise (that is located in Tustin, but not eligible for permanent signage) to be posted throughout Tustin on weekends. Table 1 provides a summary of the existing and proposed standards. Planning Commission Report February 13, 2018 Code Amendment 2017-004 Page 5 TABLE 1 — EXISTING AND PROPOSED STANDARDS FOR TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY Sign Topic Existing Proposed Type Size 3 square feet 4 square feet Temporary Height 4 feet high 4 feet high Off-Premises Commercial Location One per open Two per enterprise per Signs house per intersection and maximum of direction change one sign per enterprise Real Estate abutting a property Open House Signs, Garage 25-300 feet from Sale Signs, an intersection some Business 25-300 feet from an Identification intersection Signs Duration 9 a.m.to 7 p.m. 7 a.m.to 7 p.m. Fridays, Saturdays, and Sundays only Copy Generic signs only Sign content virtually unregulated Maximum No maximum Maximum of 20 citywide per Number enterprise(located in Tustin, but not eligible for permanent since Business Prohibited Allowed -see above Identification Size 6 square feet 4 square feet Temporary Non- Height 4 feet high 4 feet high Commercial Location Max of 3 abutting Max of 1 of a certain sign Signs any property abutting a property and the sign must be 25-300 feet from Political Signs, an intersection Protected Duration 45 days prior to 45 days and removed 5 days Speech Signs, Public Event and 5 days after after event—45 days total Signs', Non- election-50 days profit Event total Signs Copy Varies depending Sign content virtually on type of sin unre ulated non-commercial *Public event signs Maximum No maximum No maximum are installed by the Number City and are not described in this table Planning Commission Report February 13. 2018 Code Amendment 2017-004 Page 6 � 1 ;1,q 51YY11]/µ S* Rationale for the Proposed Code Amendment Based on the Reed decision, the proposed code amendment would need to allow virtually any sign content on temporary off-premises commercial and non-commercial signs. The following discussion explains the rationale for the proposed standards: • Sign Blight To reduce sign blight to some extent while allowing temporary real estate open house signs and garage sale signs in the public right-of-way, Code Amendment 2017-004 proposes 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. • Sign Clutter In response to the Planning Commission's direction to limit the potential for sign clutter while accommodating temporary off-premises commercial signs in the public right-of-way, Code Amendment 2017-004 proposes that a maximum of twenty (20) 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. The proposed number of allowable signs under Code Amendment 2017-004 is based on the Commission's desire to allow more than the previously proposed ten (10) signs per enterprise citywide. Planning Commission Report February 13, 2018 Code Amendment 2017-004 Page 7 I i i F A,g,S, 'From small Ya 19M • Real Estate and Home Business Signs For real estate open house signs, staff has analyzed a reasonable number of turning movements to reach an open house from major arterials and has determined that twenty (20) signs would provide sufficient turning directions to motorists. It is important to keep in mind that the maximum of twenty (20) signs citywide would also apply to the approximately 850 home-based businesses throughout Tustin. It is anticipated that many of these business will want to take advantage of the opportunity to advertise their businesses throughout Tustin on weekends. There are approximately forty (40) major intersections in Tustin, at which these signs would be most visible to the public (Attachment A). 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.) • Non-commercial Signs 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. Code Amendment 2017-004 would allow temporary non-commercial signs in the public right-of-way to be displayed for a maximum of 45 days from the date of placement. This time limit of 45 days would give political candidates, non-profit organizations and others a sufficient Planning Commission Report February 13, 2018 Code Amendment 2017-004 Page 8 amount of time to display their signs for public notification purposes and to remove them. i ReMember in November! It'a TEA Time. ■ irn 6 • Other Cities There are currently six (6) other Orange County cities (Buena Park, Costa Mesa, Huntington Beach, Irvine, Laguna Hills, and Yorba Linda) that allow temporary non-commercial signs in the public right-of-way. In those five (6) cities, the allowable duration ranges from ten (10) days to seventy (70) days. A time limit of forty-five (45) days is close to the midpoint of this range. In addition, several non-profit organizations based in Tustin have expressed their support for a time period of at least forty-five (45) days. • Enforcement Given the large number and types of temporary non-commercial signs that could be placed in the public right-of-way, it will be difficult to enforce the time limit and efficiently determine which temporary non-commercial signs have been posted for more than forty-five (45) days. Although the date of sign posting can be required on the back of the sign, this information would only be visible by closely inspecting each individual sign. Therefore, enforcement costs would be significant, but unknown, as the costs would depend on the level of enforcement and the number of signs posted in the public right-of-way. For temporary off-premises commercial signs, enforcement would be less complicated, as signs would only be allowed in the public right-of-way on Fridays, Saturdays, and Sundays during specified hours. However, it may be difficult and costly to determine whether a commercial enterprise has posted more than twenty (20) signs throughout Tustin. Planning Commission Report February 13, 2018 Code Amendment 2017-004 Page S Portable Signs in the Cultural Resource District Code Amendment 2017-004 would allow a portable sign to be placed within the sidewalk adjacent to the identified business within the Cultural Resource District and/or the Old Town Commercial General Plan land use designation, subject to review and approval by the City in accordance with established design guidelines. Public Outreach In addition to the public noticing required by State law, noticing was provided in advance of the public hearing to those properties that could be most impacted by proposed Code Amendment 2017-004. Impacted properties include residences and other sensitive uses that have frontages at or near intersections on higher traffic volume streets throughout the city, many of which are located in Old Town. ENVIRONMENTAL ANALYSIS The proposed code amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. CITY ATTORNEY REVIEW The City Attorney has reviewed the content and form of Code Amendment 2017-004. Scott Reekstin Elizabeth A. Binsack Principal Planner Director of Community Development Attachments: A. City Map of Major Intersections for Temporary Signs B. Planning Commission Resolution No. 4344 • Exhibit A: Draft Ordinance No. 1483 C. Chapter 4 of Article 9 of the TCC with redlined changes S 1CddTCREPORT120181CA 2017-004 Temporary Signs 2018 doe ATTACHMENT A City Map of Major Intersections for Temporary Signs CITY Cr ow OF SANTA ANA AWL Elm i AMU W" i... I COUNTY OF Wm"m UL ' ORANGE !' i• i Ll r .o.+w at .�« �ITYt / COUNTY C +� n ' OF ORANGE SANTA AN • r � f •t , a CITY OF IRVINE TUSTIN �b+ LEGACY o + LEGEND t .-\ y, •-•. =CITY LIMITS ' Ib CI TY OF IRVINE Major Intersections for Temporary Signs City of Tustin ATTACHMENT B Planning Commission Resolution No. 4344 • Exhibit A: Draft Ordinance No. 1483 RESOLUTION NO. 4344 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, 'RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE- NO. 1483, ADDING TUSTIN CITY CODE SECTION 9403d7; AMENDING TUSTIN CITY CODE SECTIONS 9402, 9403d2,. 9403e11, 9403e13, 9404al k, 9404al n, 9404a3c, 9406D, and 9406E2; AND DELETING TUSTIN CITY CODE SECTIONS 9403el4, 9404als, and 9404C6, RELATING TO TEMPORARY OFF-PREMISES COMMERCIAL SIGNS AND TEMPORARY NON-COMMERCIAL SIGNS. The Planning Commission does hereby resolve as follows: A. That on June 18, 2015, the United States Supreme Court issued a decision in Reed v. Town of Gilbert, AZ, and determined that the First Amendment generally prohibits cities from applying different regulations to signs based on the content of the signs. B. That the Reed decision reemphasized that sign regulations generally may not be based on the content of a sign, but must be content-neutral and rely on factors such as the time, place, and manner of placement, as well as physical characteristics of the signs, ,to distinguish between and regulate signs. C. That in response to the Reed decision, most cities nationwide need to review their existing sign codes to avoid conflicting with or violating the First Amendment. D. That the current Tustin Sign Code categorizes signs based on their content by regulating and referencing the content of both commercial and non-commercial signs located either on private property or within the public right-of-way. To avoid conflicts with the law established by the Reed decision, several revisions to the City's sign regulations addressing temporary signs on private property and in the public right-of-way are proposed through Code Amendment 2017-004. E. That one of the objectives of the City's sign regulations is to maintain and enhance the quality of the City's appearance. This objective is achieved by avoiding sign clutter, promoting uniformity, and limiting off premises signs in order to control sign proliferation. F. That the proposed Code Amendment 2017-004 would: 1) continue to allow temporary off-premises commercial signs and temporary non- commercial signs on private property and in the public right-of-way; and, 2) apply uniform standards that are not based on the content of the signs. and regulate the size and placement of the signs. Resolution'No.4344 Page 2 G. That proposed Code Amendment 2017-004 would generally maintain the City's appearance while allowing the placement of temporary signs on private and public property, including political signs, protected speech signs, human signs, non-profit event signs, real estate open house signs, and garage sale signs. H. That the City conducted public workshops on the subject of temporary signs on February 21, 2017, March 28, 2017, and August 8, 2017. I. That on November 28, 2017, the Planning Commission discussed the proposed code amendment at their regular meeting. J. That on February 13, 2018, a public hearing was duly noticed, called, and held on Code Amendment 2017-004 by the Planning Commission. K. That the proposed code amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project "as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. L. That the proposed temporary sign provisions are reasonably necessary to protect the health, safety, and welfare of the citizens of the.City of Tustin. M. That the proposed amendments are, and where interpretation is required shall be interpreted to be, consistent with the United States Supreme Court decision in Reed v. Town of Gilbert, AZ. N. That the proposed amendments are consistent with the Tustin General Pian in that they comply with the following goal: Land Use Element Goal 4 to assure a safe, healthy, and aesthetically pleasing community for residents and businesses. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1483, adding Tustin City Code Section 9403d7; amending Tustin City Code Sections 9402, 9403d2, 9403e11, 9403e13, 9404k, 9404n, 9404a3c, 9406D, and 9406E2; and deleting Tustin City Code Sections 9403e14, 94042, and 9404C6, relating to temporary off-premises commercial signs and temporary non-commercial signs, attached hereto as Exhibit A. PASSED AND ADOPTED. at a regular meeting of the Planning Commission of the City of Tustin held on the 131�' day of February, 2018. RYDER TODD SMITH Resolution No.4344 Page 3 Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4344 was passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of February, 2018. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary DRAFT ORDINANCE NO. 1483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTION 9403d7; AMENDING TUSTIN CITY CODE SECTIONS 9402, 9403d2, 9403e11, 9403e13, 9404a1 k, 9404a1 n, 9404a3c, 9406D, and 9406E2; AND DELETING TUSTIN CITY CODE SECTIONS 9403e14, 9404a1s, and 9404C6, RELATING TO TEMPORARY OFF-PREMISES COMMERCIAL SIGNS AND TEMPORARY NON- COMMERCIAL SIGNS. The City Council of the City of Tustin does hereby ordain as follows: Section 1. The City Council finds and determines as follows: A. That on June 18, 2015, the United States Supreme Court issued a decision in Reed v. Town of Gilbert, AZ, and determined that the First Amendment generally prohibits cities from applying different regulations to signs based on the content of the signs. B. That the Reed decision reemphasized that sign regulations generally may not be based on the content of a sign, but must be content-neutral and rely on factors such as the time, place, and manner of placement, as well as physical characteristics of the signs, to distinguish between and regulate signs. C. That in response to the Reed decision, most cities nationwide need to review their existing sign codes to avoid conflicting with or violating the First Amendment. D. That the Tustin Sign Code categorizes signs based on their content by regulating and referencing the content of both commercial and non-commercial signs located either on private property or within the public right-of-way. To avoid conflicts with the law established by the Reed decision, several revisions to the City's sign regulations addressing temporary signs on private property and in the public right-of-way are proposed through Code Amendment 2017- 004. E. That one of the objectives of the Cit/s sign regulations is to maintain and enhance the quality of the City's appearance. This objective is achieved by avoiding sign clutter, promoting uniformity, and limiting off premises signs in order to control sign proliferation. F. That the proposed Code Amendment 2017-004 would: 1) continue to allow temporary off-premises commercial signs and temporary non-commercial signs Ordinance No. 1483 Page 2 on private property and in the public right-of-way; and, 2) apply uniform standards that are not based on the content of the signs and regulate the size and placement of the signs. G. That proposed Code Amendment 2017-004 would generally maintain the City's appearance while allowing the placement of temporary signs on private and public property, including political signs, protected speech signs, human signs, non-profit event signs, real estate open house signs, and garage sale signs. H. That the City conducted public workshops on the subject of temporary signs on February 21, 2017, March 28, 2017, and August 8, 2017. I. That on November 28, 2017, the Planning Commission discussed the proposed code amendment at their regular meeting. J. That on February 13, 2018, a public hearing was duly noticed, called, and held on Code Amendment 2017-004 by the Planning Commission. K. That on February 13, 2018, the Planning Commission adopted Resolution No. 4344, and recommended that the City Council adopt Ordinance No. 1483, approving CA 2017-004 relating to temporary off-premises commercial signs and temporary non-commercial signs. L. That on March 6, 2018, a public hearing was duly noticed, called, and held on Code Amendment 2017-004 by the City Council. M. That the proposed code amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in a physical change to the environment, directly or indirectly. N. That the proposed temporary sign provisions are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. O. That the proposed amendments are, and where interpretation is required shall be interpreted to be, consistent with the United States Supreme Court decision in Reed v. Town of Gilbert, AZ. P. That the proposed amendments are consistent with the Tustin General Plan in that they comply with the following goal: Land Use Element Goal 4 to assure a safe, healthy, and aesthetically pleasing community for residents and businesses. Ordinance No. 1483 Page 3 Section 2. The following definitions in Section 9402 of Chapter 4 of Article 9 of the Tustin City Code are hereby added, deleted, or amended to read as follows (new text underlined; deleted text in strikeout): "Commercial enterprise" means a business that conducts business in the City of Tustin and holds a valid City of Tustin business license unless it is exempt from having a business license. "Commercial sign" means a sin relating to the sale of any merchandise product, service, commodity or other item or activity for private benefit or gin. Commercial signs include but are not limited to: 1. A business identification sign. 2. A garage sale sign 3. A real estate open house sign. "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_ 4. A non-profit event sign. "Non-profit event sign" means a temporary sign advertising events and/or other promotions open to the public and sponsored by a non-profit organization. "Off-premises sign" means a commercial 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." "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 off-premises commercial sign, Pe4itisal temporary noncommercial sign, or human sign. Ordinance No. 1483 Page 4 "Public event lamer sign" means a temporary sign installed by the City of Tustin advertising events and/or other promotions open to the public and sponsored by the City of Tustin. "Special event" is aR iFFegUlaF and uRlque a commercial, civic, patriotic, religious, cultural,. community, or political event that recurs irregularly, if at all and that takes tang place on a specific date or dates. "Special event" does not include routine commercial promotions, , taGked or affixed to the ground, a tFee, post, , utility pole, or ethe suFfaGe. "T-emperaFy dir4e6tionall'40Fmation sign" means a small off site, stak garage sales or homes fGF sale er lease WhiGh are open and available flner "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 permanently attached to a building or anchored to the ground. Section 3. Section 9403d2 of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): f Public event hanRe signs. Public event baaoeF signs may be located within the public right-of-way subject to the following restrictions and criteria: (a) All public event baRneF signs posted on the structures approved by the City shall be posted fGF a maximum of fr uFteen (14) daysanv shall be. removed no later than seventy-two (72) hours after the event has occurred. (b) All public event ieF 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 mer sign shall exceed thirty-five (35) feet in horizontal length, with a maximum sign height or vertical dimension of four (4)feet. Ordinance No. 1483 Page 5 (d) All bbanneFsigns shall Gentain e+onv on both sides with only white e e baGkgrond and n'"'1Lnnntie rnlnrc shall be limited to a__rhGiGe nf_MG (21) (e) Ger ni erngGes of aGJminicterin thepermit 'eSss, acand fGFthe City maintn�a�/�.a ureter to install and remove the displays a fee mLI1TTL'��i f7GffTQG�Or�. ema'4L—L7�L—R7.7�77Lt�J'j�TGTadopted by resele Minn of the riff. Gee inGil shall be Ghargee I (f� All ann�GanTts shall provide a f o oa�ifiGaate generalei liability insra e en�es in the amost adopter/ by Fesele mien of the Ci' i'�t�` f�'G Reil naminr; the Gity of T,estin as an arlrlitienal Insured, l (g) Any banner sign for events With GE)rporate cnnn GFS .p ""t liFnit CiL pergent of the total banner siren sura Section 4. Section 9403d7 of Chapter 4 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined) Portable signs within the Cultural Resource District and/or Old Town Commercial General Plan land use designation. Portable signs for sidewalk-adiacent businesses within the Cultural Resource District and/or Old Town Commercial General Plan land use designation may be placed within the sidewalk adiacent to the identified business, __s_ubiect to review and approval by the City of Tustin in accordance with established design guidelines. Section 5. Section 9403e11 of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Temporary off-premises commercial signs may be ler.ate d in any distri^t, subject to the following criteria: (a) Temporary off-premises commercial signs must be associated with a legitimate commercial enterprise in the City of Tustin for which permanent business identification signs are not authorized. A maximum of twenty (20) temporary off-premises commercial signs per commercial enterprise shall be allowed within the city limits at anyone time. (b) The signs shall not exceed three (vfour 4 square feet in size and four(4) feet in height. Ordinance No. 1483 Page 6 (c) Signs may only be located in the public parkway area, subject to the visual clearance area requirements, except as otherwise allowed by local, state, or federal law. (!A) Gf a mole of street frentage shall be provided OR any neo (1) street between narage-sale fitem, (d) Signs are not permitted to be attached to any traffic control device, tree, street light or utility pole or placed so as to impede public sidewalks. (e) Signs shall not be posted on Mondays, Tuesdays, Wednesdays, or Thursdays; or between the hours of 7:00 p.m. and 87:00 a.m. on Fridays, Saturdays, or Sundays. (f) Signs shall only be posted between twenty-five (25) feet and three hundred (300) feet of a street intersection. A maximum of two (2) signs per commercial enterprise shall be posted per street intersection, and no more than one (1) sign per commercial enterprise shall be permitted in the public parking way area abutting any one (1) parcel of property. (g) The name, address, and phone number of the responsible party shall be provided on the back of the sign. This information shall occupy a space no larger than ten (10) square inches. (h) The responsible party for signs erected in the public parkway area shall be liable to the City of Tustin, private property owners and the general public for any injury to persons or property resulting from the placement and maintenance of the sign. (h) Open house signs OR the publiG paFkway aFea shall be subjeGt tO the (4) Signs shall enl,e inr•It de a diFertiGRal aFraw, the address of the GPGR house, and the text vepeR u numbers shall he heheteen twe Ml and four (4) inr,hes in height. (2) Along p h�streets, a maximum of one (1) sign shall (3) Thee-sign shall provide direGtt�s to else houset is availa and fr,r ins t' n in Tt t tir, and the Tustin Sphere of e6tf6n--n�--rca�c,r.—rn�u--crR�v ,T��f Sphere yr lnfll ienne only Section 6. Section 9403e13 of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Ordinance No. 1483 Page 7 Temporary non-commercial P 'tea: signs-(except public event signs), subject to the following criteria: (a) No person shall affix a temporary non-commercial pelfisal sign on any traffic signal, utility pole, traffic control device, or tree. (b) Written permission of the property owner is required for temporary non-commercial pel+fisal signs placed on private property. (c) Temporary non-commercial PGlitical 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 Pelifisal temporary non-commercial sign shall be included on the sign. (e) Temporary non-commercial PGlifisal signs in the public parkway area are subject to the following additional criteria: 1 Signs shall only be posted between twenty-five 25 feet and three hundred (300) feet of a street intersection. No.more than one 1 sian per sponsoring individual or organization three (3) identlGal pe 64yis shall be permitted in the public parkway area abutting any one (1) parcel of property. (2) Pelittsal-sSigns shall be limited to a maximum of Sim four square feet in size and four (4) feet in height above grade. (3) Pelit,�iitiGGal sSigns 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) Pollt eSigns shall not be located in any visual clearance area. (5) Any person, party or group posting such pel+fisat 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 P9litiGal signs pertaining to a paFtiGulaF eleGtieR shall not be eFeGted FneFe than foFty-five (45) days- prier to the eleGtieR to whirh the signer mains and shall ruribe remeved within fide (5) GaIeR l�ays aftteF th!G date of the e!eE;ti„r,. A temporary non-commercial si n shall be posted for no more than forty-five (45) days Per calendar quarter. Signs related to a specific event shall be removed no later than five (5) days after the event to which the sign relates The date that the sign was posted and the name, Ordinance No. 1483 Page 8 address, and phone number of the responsible party shall be provided on the back of the sign within a space no larger than ten (10) square inches. (7)Any poRtiool posted in the publin parkway aFea that is dir,eGtly aadjaGeRt to a s;Rgle family FesidenGe shall require the approval of GWR the er of the single-family resideRGe_ i7-rc-v�rrr (8) If the Community Development Director finds that any politlGal temporary non-commercial 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 p0l+tisal temporary non-commercial sign that remains posted for more than forty-five (45Lsix-(6) calendar days after-the elentien tG Whirh it pertains or for more than five (5) calendar days after the event to which the sign relates 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) Political sSigns 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 Pslitieal 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. Section 7. Section 9403e14 of Chapter 4 of Article 9 of the Tustin City Code is hereby deleted in its entirety as follows (deleted text in strikeout): Protea+ted speonh signsfollowingsubject to the following nriterin• (a) No per-son shall ax a nreteGted speech sign en any traffin cigneLs 1taffix utility pole traffic rontr�QeViGe or tree. /h�rneR PBFMO'o$' n of the pmpertyWRey__rr is Feq � r•t d for PFGtecd� Spee Gh signs placed on private property. `"'`71 Ordinance No. 1483 Page 9 Irl ProteGted eeGh SigRS all- be limited in maximum of of thiFt y_twe (32) square feetesr a r and fon ( 10) fee+ in ld�he n�ame_rd,ddress and telepphone number of the responsible party far posting the proteGted Sneonh sign shall be innl„ded nn the sign X27—Pi�eGtlled-SpeeGh signs-Ifs- ,blip parkway area hi, t tv "I the fon,Rri Rg orlrlitbRalnri+aria• !'ll No more than three13) proieGtted speer signs G peFmItted IR the pe,blin parkway area ab„#ing any one (SI) paFGel ofT (2) P,etSGtedypeeGh signs shall hlimiited to a maximum of cix lR) sg„a re feet in size and fe„r (4) fent in height above grade in any manner ea j to impede vehicles nr permitted parking arliarenttn G„rb, pedestrian wallnayays, r•nhinder disabled aess OF nonstitute a hazard , to 9F endangeFnnrsons using the�dewaks-. (4l `tf ted speech cigRS Shall not he IGGaterl_in-anir�tir,_r A nlearanoe area "Y"""� siair'gnesh�all he liable to them City ref Tustin, riit pvate propeFt y_ewners and the ' general p,,hlio fpr any ini„ry to persons nr property resulting from the pllaaGemeRt an Rtenane+e of the sign (6) A preteGtedd Jnpeey+s' n shall be post for no more than C�� 'pia f�'-r' ari-pc-par`sc fifty days. Th�`sponsible party shall indinate en the baGk of sign the date that_the_signseye�_nestecL (71 by preteGt eesh Sinn posted in the p„blin parkway area rT��-�rvC rr-�r�rrpv�ct, that is dwFeGtl adjaGent to a single-family residenn�allll requmFe� me approval -a LTIL nrrterr i� _single family recidenre_ ��`" (8) If the Gemmr,n,fiy n elnnment Ilir tar findS thataRy =G'�TCT7t.�QTTTfTTQT'RL�PG'Y TGaLQJT� protected Sneeoh Sinn has been posted OF is being maintained in yiolatinn ttr eve said sip(s) within twent ,er (24) hours from the time of_said };G The patine shallL,de a brief statement of the reasons fpr 'eetteQ��c�rvrroc� rarn-�rrc�-�ctzccTn Fequiring Temovnval. if the peFsen so notified fails tnO GOFTeGt latinn Or remove the sign(s), the Ge-mm.,gRity Development lDlr-eGt9F may Gause said t s aing3Tnaf )ag hes removed �ay'v without fu Ft seer-nvtmGe. if the resnnvrnSiible-pis- aFty T the sign Gannet in geed faith he Ioratei within a Feasenable time, the sign shall he deemed abandoned (0) ATn,y pmtteeeted speen�gRthatT ains posted fpr mere than fifty (5,.,0) days shall also bbee,ddeeme!'l abandoned. C� he omme eni4,r vevelopmett DireGtOF may Gause ,eh abandened signs and any Signs Ordinance No. 1483 Page 10 summarily and without prier notire. The City shallllas$esp a.Ta E;harT�u a�e�a�sitc any-ners , eandidate, entity, party or oroU'p posting or nlIaGfino-signs iIn v;E)Iat!E)R of this sention fer the-rest Ong, Fed 1R the (10) DroteGt neon ns in the publin naFkway area it �pCtia� grr��ti.—pur�nv�rc�rrcvrcry�urcu�T yielatinn of this G8+teon�`shall he se ehieGt to removal by city in ae+oer-daRGe— (1'11) Anypercen who intentionally d GeSbliceates, tears down, er destFays a nreteeted sneenh siren installed in aneerrlanne with the previsions of this Gude shall he se ehient to being nharoed with nn infrantion pursuant cant to certion 1121 of this Gede Section 8. Section 9404a1 k of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Off-premises signs, except those erected or caused to be erected by the C_ ity, temporary direGfiOnallinformation off-premises commercial signs, human signs, and temporarynoncommercial signs. Section 9. Section 9404a1 n of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Portable signs, except those approved by the City within the Cultural Resource District and/or Old Town Commercial General Plan land use designation. Section 10. Section 9404a1 s of Chapter 4 of Article 9 of the Tustin City Code to deleted in its entirety as follows (deleted text in strikeout): Snipe sienS Section 11. Section 9404a3c of Chapter 4 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined; deleted text in strikeout): 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 off- premises commercial signs, temporary noncommercial sighs, and human Ordinance No. 1483 Page 11 signs shall be permitted within the public parkway area, but only in strict accordance with section 9403e. Section 12. Section 9406C6 of Chapter 4 of Article 9 of the Tustin City Code is hereby deleted as follows (deleted text in strikeout): SubieGt to the r,egulotio Rs of In publiG Fight of wa One pe of this r'han♦•nr open ♦ ^' h Limited to �� 4 o+"ro l�wQncvupJcGUo tit► �� Perp n�gG ' visual nlr-..+r.-.n.+.-. of d fnr colo OF Font• rnr+++ircmon♦•c Not Permitted frit apartment n F�rvjeGt6. Section 13. Section 9406D of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): a. Subject to the A rr+ini+m++m of v mile regulations of of street frontage Section 9403e11 between signs In public right-of- of this Chapter. irtotnt'if�rieln the come D. Off- way between b. Permitted for premises subje6t. A maximum meatal curb line and the commercial of two (2) signs per or•tiuv iVgtiGS DirecAienal Stake No �4 commercial 4 sidewalk subject No legitimate clearance visuallegitimate a #ermatien enterprise shall be commercial (off situ) posted per street enterprise in the intersection and one requirements City of Tustin for (1) sign abutting any which business one (1) parcel. identification signs are not allowed. Section 14. Section 9406E2 of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): 2. Public Banner Yes 140; One On designated Within No. a. Subject to the Neepre€+t Maximum #gN poles only. the regulations in Ordinance No. 1483 Page 12 events horizontal Maximum public Section 9403d of width of 35 vertical height right-of this Chapter. feet of 4 feet. way. b. Permitted only for events and promotions open to the public and sponsored by the City of Tustin. Section 15. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 20th day of March, 2018. ELWIN A. MURRAY MAYOR ATTEST: ERICA N. RABE, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1483 Erica N. Rabe, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1483 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on. the 6th day of March, 2018, and was given its second reading, Ordinance No. 1483 Page 13 passed and adopted at a regular meeting of the City Council held on the 20th day of March, 2018, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Rabe, City Clerk Published: ATTACHMENT C Chapter 4 of Article 9 of the TCC with redlined changes 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. (Ord.No. 1321, Sec.2,4-3-07) 9402-DEFINITIONS The following terms as used in this Chapter shall have the respective meanings as set forth except when the context clearly indicates otherwise. For ease of reference, each term that is defined in this section appears in title caps in the text of this Chapter. A supplemental graphic presentation of certain definitions is provided as information and is included as section 9412. "Abandoned sign"is a sign which no longer identifies or advertises a bona fide business, lessor, service,owner, product,or activity,and/or for which no legal owner can be found. "Act of God"is a natural occurrence such as wind, rain,flood,fire or earthquake. "Aerial sign" is a sign which is inflatable or designed to be flown or attached to the ground, building,structure or other object,which may or may not include copy. "A-frame sign" means a Sign generally not securely attached or fixed to the ground or to a permanent structure used as a stationary advertising devise and usually supported by two(2)upright sign faces. "Aggregate area" is the combined permitted Sign sizes of all signs on any one (1) parcel, site, building,structure or other premises,excluding temporary signs, noncommercial signs,special event signs,public information signs and traffic signs. "Alter"means to change color(other than copy color), size, shape, position, location, or method of illumination of a sign.This shall not include replacement of face copy on cabinet type signs. "Animated sign" means any sign designed to attract attention through movement or the semblance of movement of the whole or any part, including, but not limited 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. Page 1 "Awning"is a roof-like structure extending over a door,window or all or any portion of a building wall and projecting from and supported by the exterior wall of a building;see section 9412. "Awning sign"is a Sign painted on, printed on or attached to the front surface of an awning. "Balloon"means a sphere of nonporous material filled with air or gas. "Banner sign"means any publicly visible advertising device,not on the interior side of a window, made of cloth, paper, plastic, cardboard, metal or any other usually flexible material, which may indicate the identity or give or ask information about or convey a message, either directly or indirectly,about a person,entity, business,commodity,service or idea. "Beacon" means any stationary or moving light source or light with one (1)or more beams that rotate or move located outside of or inside a building, or within three (3) feet of a window and flashing with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source. "Bench sign" means a seat located upon or adjacent to a public or private right-of-way for the purpose of persons resting and which is capable of displaying a sign or advertising device. "Building frontage" means the lineal extent of a building which fronts on either a street or parking area and used as the basis for determining the maximum sign area and number of signs allowed;see section 9412. "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(1)or more buildings sharing common facilities such as off-street parking, access or landscaping. In each case, a center will consist of two(2) 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(2)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. "Commercial enterprise" means a business that conducts business in the City of Tustin and holds a valid City of Tustin business license, unless it is exempt from having a business license. "Commercial siqn" means a siqn relating to the sale of any merchandise, product, service, commodity or other item or activity for private benefit or gain. Commercial siqns include, but are not limited to: Page 2 1. A business identification sign. 2. A garage sale sign 3. A real estate open house sign. "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 construction, street address, emergency phone number and name of person to contact; see section 9412. "Corporate flag"means a flag which has the name,logo,trademark,or symbols of a business or corporation which cannot be construed to mean official flags. "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. "Flat Roof' means a roof having no slope, or one with only a slight pitch so as to drain rainwater. (Ord. No. 1429, Sec. 111.1,5-21-13) "Freestanding sign" means any non-moveable sign not affixed to a building, including but not limited to pole signs,ground signs,and construction signs;see section 9412. "Freeway sign"is a sign whose purpose is to identify a specific service oriented business(those offering eating facilities, lodging accommodations or an automobile service business) which is located adjacent to the freeway right-of-way,or separated from the right-of-way by a frontage road. "Garage sale sign" means a temporary sign announcing the limited sale, from a private residence,of goods,furniture,clothing or other similar articles. "Height" means the vertical distance measured from the highest point of the sign including any architectural, ornamental or structural element of the sign to the finished grade adjacent to the sign structure. When calculating sign area, height is the vertical distance from the highest point to the lowest point of the sign. "Human sign"means a sign that is held or worn by a person. Page 3 "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 construction 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 business" 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. "Legal Nonconforming Sign"means a sign that was lawfully erected which does not comply with the most current adopted sign restrictions and regulations.(Ord. No. 1397, Sec.9, 11-15-11) "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. "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 Page 4 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. 4. A non-profit event sign. "Nonconforming sign" means a sign erected legally which does not comply with the most current adopted sign restrictions and regulations. "Non-profit event sign" means a temporary sign advertising events and/or other promotions open to the public and sponsored bV a non-profit organization. "Official flag" means flags of the United States of America, the State of California, City or other governmental agency. "Off-premises sign" means a commercial 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: Page 5 1. A parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act (California Business and Professions Code,Sec. 11500,et seq.);or 2. A parcel of real property,the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map;or 3. A parcel of real property shown on a parcel map as a single lot, lawfully recorded pursuant to the provisions of the Subdivision Map Act (California Business and Professions Code, Section 11500,et seq.);or 4. Two (2)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 off-premises commercial sign, pd#+sa#emporary noncommercial 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. "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 honer sign" means a temporary sign installed by the City of Tustin 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. Page 6 "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. "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(1)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 Page 7 professional office centers and industrial parks with two (2)or more occupants.A sign program may also be applicable for a single business proposing two(2)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 aR YYeq laF aRGl 4a commercial, civic, patriotic, religious, cultural, community, or political event that recurs irregularly, if at all, and that takes+place on a specific date or dates. "Special event" does not include routine commercial promotions, gFOUr,GI a tree post,feRGe utility pole a ethers urfe..e "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 calculation. "Street frontage" means lineal extent of a street which fronts on or is adjacent to either a building or parking area and used as the basis for determining the maximum sign area and number of signs allowed;see section 9412. "Supplemental signs" means signs identifying special features, trade, services or products of the business. Such signs may not include a listing of pricing information or specific brand names unless incorporated into the name of the business. Supplemental signs may be of a permanent nature, provided they are subordinate to business identification information. They shall be considered subordinate if no more than twenty-five (25) percent of the total allowable sign area is used for this purpose. TempeFaFyGliFRGtiQRRViRfQFMRtiGRGigR"area RG R GFnRII Off vi+e Gtaked, TempvFa Fy Sig i "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 permanently 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. "Tube lights"are small decorative lights of a permanent nature. Light bulbs are usually one-half (Y2)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. Page 8 "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. (Ord.No. 1321, Sec.2,4-3-07) 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 (1) location. In addition to the requirements set forth in this section, all applicable building and electrical permits shall be obtained in accordance with the Uniform Building Code and the Uniform Electrical Code. A tag issued by the city indicating the sign permit number shall be affixed to the sign so as to be readily visible. The tag shall include the sign permit number, approval date and/or expiration date for any sign constructed in compliance with the provisions of this Chapter. b. Permit application.Applications for sign permits shall be made by the owner of the property on which the sign is to be located, by a licensed contractor or an authorized agent of the property owner, as may be required by state contractors' law, on forms furnished by the Community Development Department and shall be accompanied by all information and fees, as required for standard sign plans or master sign plans. The application shall be signed by the owner of the premises on which the sign is located. Page 9 c. Review procedures. Each sign permit or temporary sign permit application, plans, and fees shall be submitted to the Community Development Department, pursuant to this Chapter, and shall be processed and approved,conditionally approved,or denied within the time limits established by state law for action on development projects by the Community Development Director, unless such approval authority is granted to the Planning Commission pursuant to this Chapter or the requirements contained in specific plans, planned developments, or planned community districts. All decisions by the Community Development Department or Planning Commission are final unless appealed in accordance with this Chapter. All signs proposed to be located within the public safety area shall also be reviewed and approved by the Public Works Department prior to the issuance of any permits. d. Temporary sign permits. Temporary sign permits are required for signs intended for temporary display.This section shall not authorize signs identified as prohibited by section 9404 of this Chapter. Additional regulations for temporary signs are found in section 9406. As applicable, a separate building permit and/or electrical permit may also be required. In addition to a refundable cash bond, which guarantees the removal of the temporary display,the following requirements shall apply. 1. Banner signs. (a) All banner signs must be fixed to a building and hung below a roof eave or mounted on poles. (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 one hundred (100) square feet may be allowed on a building elevation of at least one thousand(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 (1)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 contain names, logos, or corporate sponsors but such names, logos, or corporate sponsors may not exceed one-fourth(Y4)of the aggregate area of signage. (i) Banner signs are exempt from the requirement to provide a refundable cash bond. 2. Public event banner Public event banner signs may be located within the public right-of- way subject to the following restrictions and criteria: (a) All public event"awe.signs posted on the structures approved by the City GhaA be pested 'nF n"n6,14een (14)day6 and shall be removed no later than seventy-two (72) hours after the event has occurred. Page 10 (b) All public event hem" 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 Kanner sign shall exceed thirty-five (35)feet in horizontal length, with a maximum sign height or vertical dimension of four(4)feet. (d) All baRReF GigRG shall GGRtaiR GGPY OR both sides with GRIY white baGkgFG61Rd and all GGPY ., +ell and . e the diGplayG a fee adopted by . eL 1+ie., of the Gity !`e6IRGO! shell he Gharged. logo e e+e RFne.re than Wft-Rty fie(25)p ent of+he total he.,.,e.vi...,e 3. Decorative flags. Decorative flags shall meet the following criteria and any deviation from these criteria shall be approved by the Planning Commission,as provided for in section 9404c4. (a) Decorative flags shall be installed on a flag pole device or frame, approved by the Building Official or installed directly upon a building or wall surface but in no case above the roof eave. (b) No decorative flag may exceed six (6)square feet in area with a maximum pole height of twelve(12)feet. (c) Original grand opening decorative flags shall be permitted for a period not to exceed thirty (30) days. In addition, a change of ownership or change of business type qualifies for grand opening flags. (d) Not more than five (5) decorative flags per site for purposes other than grand openings shall be permitted for thirty(30)days and not more than four(4)times in any calendar year nor more than twice in any calendar quarter. (e) Decorative flags are permitted for non-residential projects and only for residential projects in conjunction with temporary project identification signs. 4. 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. 5. Festoons. Festoons may be permitted in conjunction with a special event, subject to Planning Commission approval pursuant to section 9404c3. 6. 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. Individual or grouping of balloons: Individual balloons include balloons attached separately to the ground or building or attached to the end of a nonmetallic string. A grouping of balloons is two(2)or more balloons attached separately to nonmetallic string which are clustered together. (a) Maximum size of balloons—Twelve(12)inches in diameter. (b) Maximum number—Thirty(30)Balloons. (c) Maximum height—Fifteen(15)feet above grade. Page 11 (d) Location—Must be securely affixed to ground or building and must maintain a minimum twenty-foot setback from all property lines. (e) Duration of display—Maximum of two(2)consecutive days, no more than one(1)time per year for arch,individual or string of balloons. Arch of balloons: An arch of balloons is a collection of helium-filled balloons that are attached close together to create a solid band of color forming an arch. (a) Maximum size of balloons—Twelve(12)inches in diameter. (b) Maximum number—Three(3)Balloons per lineal foot. (c) Location—Must be securely affixed at each end to ground or building and must maintain a minimum twenty-foot setback from all property lines. (d) Duration of display—Maximum of two(2)consecutive days, no more than one(1)time per year for arch,individual,or string of balloons. 7. Portable signs within the Cultural Resource District and/or Old Town Commercial General Plan land use designation. Portable signs for sidewalk-adjacent businesses within the Cultural Resource District and/or Old Town Commercial General Plan land use designation may be placed within the sidewalk adjacent to the identified business,subject to review and approval by the City of Tustin in accordance with established design guidelines. e. Exempt signs.The following signs are exempt from the permit requirements of this Chapter,provided that they conform to the standards outlined below and contained in sections 9406 through 9411. Although the following signs do not require a sign permit, they may require a building and/or electrical permit. 1. Public signs placed by a governmental body or public utility, including signs required by law, community service signs, public transit signs, safety signs,trespassing signs,danger signs and all signs erected by a public officer in the performance of a public duty. 2. One (1)official flag per property. However, building permits shall be obtained for the flag poles where required by the Uniform Building Code. The flag pole shall meet the setback requirements and shall not exceed the allowable height of the zoning district or fifty (50) feet, whichever is less. 3. Flags identifying the name and/or Logo of the business upon the premises. Such flags shall not exceed one (1) in number per site nor more than ten (10) percent of the permitted aggregate sign area for the business identified on the flag. Business flags shall be no higher than any state flag and must be lower than the federal flag if located on the site. The 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. 4. Nameplates less than two(2)square feet in area,displaying only the following: (a) Name of the premises upon which it is displayed; (b) Name of the owner or lessee of the premises; (c) Occupation of the owner or lessee. 5. Seasonal or holiday signs, holiday lights and decorations with no commercial message for one (1)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. Page 12 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 area upon which they are placed. 9. Non-illuminated on-premises real estate signs or open house signs subject to the following criteria: (a) In residential zones, not more than one(1)sign per street frontage,with a maximum height of four (4) feet and maximum size of six (6) square feet. Ornamental signs may be a maximum of seven (7)feet high to top of structure, with a maximum of six(6)square feet for sign face. (b) In professional districts, not more than one (1)sign per street frontage, with a maximum of sixteen(16)square feet in size and six(6)feet in height. (c) In commercial districts when a property has a street frontage of less than two hundred (200) lineal feet, not more than one (1) sign per street frontage, with a maximum size of sixteen (16) square feet and maximum six (6) feet in height. For properties with two hundred (200) lineal feet or more of street frontage, not more than one (1)sign per street frontage, with a maximum of twenty-four (24) square feet in size and eight (8) feet in height. (d) In industrial districts, not more than one (1) sign per street frontage, with a maximum of thirty-two(32)square feet in size and ten(10)feet in height. (e) For vacant properties in any district with a minimum of five (5)acres in size, not more than one (1) sign per street frontage with a maximum of twenty (20) square feet in size and eight(8)feet in height. (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 direntionaVinformatiOR off-premises commercial sign R;ay be IGGated OR aRY di6tFiGt subject to the following criteria: (a) Temporary off-premises commercial signs must be associated with a legitimate commercial enterprise in the City of Tustin for which permanent business identification signs are not authorized. A maximum of twenty (20) temporary off-premises commercial signs per commercial enterprise shall be allowed within the city limits at any one time. (b) The signs shall not exceed twee(3)-four 4 square feet in size and four(4)feet in height. (c) Signs may only be located in the public parkway area, subject to the visual clearance area requirements, except as otherwise allowed by local, state, or federal law. AA ^ in r-rmmimum 0.�u^ ^'^ ^' Page 13 (d) Signs are not permitted to be attached to any traffic control device,tree,street light or utility pole or placed so as to impede public sidewalks. (e) Signs shall not be posted on Mondays,Tuesdays,Wednesdays, or Thursdays:or between the hours of 7:00 p.m.and-9 7:00 a.m.on Fridays, Saturdays,or Sundays. (f) Signs shall only be posted between twenty-five (25)feet and three hundred (300)feet of a street intersection. A maximum of two(2)siqns per commercial enterprise shall be posted per street intersection, and no more than one (1) siqn per commercial enterprise shall be permitted in the public parkway area abuttinq any one(1)parcel of property. (g) The name, address, and phone number of the responsible party shall be provided on the back of the sign. This information shall occupy a space no larger than ten (10) square inches. (h) The responsible party for signs erected in the public parkway area shall be liable to the City of Tustin, private property owners and the general public for any injury to persons or property resulting from the placement and maintenance of the sign. te)d"opeR hou D.J.Jre�� Ie++ers;ind n rnher�shell he hefinfeeR tWO/7\e.,.J fey 1.� /7\ -ee+Gmaximum of e e (1) gR Ghell he P06ted Per R he616e per T.-s;tmn;ind the T- 16+iR Sphere of'Rfl6leRGe e.JY 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) Minimum 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. Temporary non-commercial Relitisa4 signs (except public event signs), subject to the following criteria: (a) No person shall affix a temporary non-commercialpe44i sign on any traffic signal, utility pole,traffic control device,or tree. (b) Written permission of the property owner is required for temporary non-commercialpe4i4i signs placed on private property. (c) Temporary non-com mercialPelitisal signs on private property shall be limited to a maximum of thirty-two(32)square feet in size,and ten(10)feet in height. Page 14 (d) The name, address and telephone number of the responsible party for posting the pelitiGal temporary non-commercial sign shall be included on the sign. (e) Temporary non-commercial Relitisal-signs in the public parkway area are subject to the following additional criteria: (1) Signs shall only be posted between twenty-five(25)feet and three hundred (300)feet of a street intersection. No more than one (1) siqn per sponsoring individual or organization three (3) ideRti..e1 r.eli+i..e1 sinrs shall be permitted in the public parkway area abutting any one(1)parcel of property. (2) Pe�Signs shall be limited to a maximum of Gix )four 4 square feet in size and four(4)feet in height above grade. (3) P-eliti Sa igns 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) oe❑+r o T�^e1 sSigns shall not be located in any visual clearance area. (5) Any person, party or group posting such pel+tisalsigns 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) 011 p9li+iGal gRG ertaiRiRg to a er+i..,Jer e1e..+i.,., shell nAt he a er-4-d rnArL, +he., ffrty five aye er'ieeF to the eler-tieR to V.fhi..h the GigR pertains and shell he vevJ .vi+hi.,five(5)GaleRdaF dayG a#er+he date of the elentie., Atem porary non- commercial siqn shall be posted for no more than forty-five (45) days per calendar quarter. Siqns related to a specific event shall be removed no later than five (5)days after the event to which the siqn relates The date that the siqn was posted and the name, address, and phone number of the responsible party shall be provided on the back of the siqn within a space no larger than ten(10)square inches. (7) On.v POIi nal s gR es+ed n the P61191 G paFk a y a that is GI Fen+ly adjaGen+ to e vele family r sLJenne shell r e the a vel of +he aViReF of the s gle fe..w.il.v dpnrp (8) If the Community Development Director finds that any pelt Gal -temporary non- commercial 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 pelitiGal temporary non-commercial sign that remains posted for more than forty- five 45 6 x(9) calendar days after the els,.t OR+e Whish ;+ per+e,s er for more than five (5) calendar days after the event to which the sign relates 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) Pe�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. Page 15 (11) Any person who intentionally defaces, obliterates, tears down, or destroys a Pei t+Gal 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. 4. Prr +eeted speech Signs,subjeGt to the If I.,,.,,.,g GFi�teFia: d e r+repF ^� � e. +e pFeper+r., (G) PFeteGted speeGh GigRG OR pFivate pmperty shall he limited to a maxim-irn Af thirty two (32) e feet in ndJ+en(IQ)feet in heioh+ s dJ , re+en+enh s gR shall be O nludJedJ eR the s eFItRF�e'F'. (1) Ne a +hen three (3) ro+en+edJ enh gRG shell he mi++edJ OR the 61blin e Fkway aFea ebb d+iso aRY a(1)n Gel of Proper+.. (2) Dro+en+edJ s enh s gRG shell he Iimi+edJ tQ a of rix /6\ s e feet i ndJ fey F(4)feet in height above grade. (3) Dro+en+edJ c enh c gRG shell no+ he ins+elledJ OF MRin+vi nedJ iGO RG +o (4) Dre+en+edJ enh gRG shell not he lene+edJ OR al nleerenne erty. 61I+ino from the plenemen+and m n+enenne of+he (6\�o)--A PFO+eeted GpeeGh GigR "hall he P06ted f4@FRG mere +her, fi#.d (50) d ayG The F„e^GcP}QG�Bible per+.. shell Ondine+e on the bank of the n the date that the A� sidle (8) If the !`ommUnity Development Dired.b,r findJs that aRy re+en+edJ s enh Gn hes beer, posted) o s heir g maintained on ole+ion of the pmvisiens of this senfion +he FeGPGRG ble per+y shell he n VeR no+ine+o removea cl c n/s\Fedi+hin findersty f4a it(24 ho.yrsmrnm the time of seal no+ine The no+ine ehell innlI Idle a brief statement of the FeaGGRs for Fe96IiFiRg .al If the PeFGGR 60 notified fails+o n en+the. ela+ien OF Femove the n/s\ the !`ommUnity Development DireGtGF may Gause aids n/s\ b, he r .edJ kali+hey it f,ir+her no+ine If the r Bible party for the GgR no+OR oodJ fai+h he Inns+edJvi thin R rearORRIDle+i me the c gR shall he deemed abandJnnedJ (9) ARY pFeteGted speeGh GigR that remaiRG posted fo—r me—re thR-R fifty(50)days shall alse bedeeFned ab nd QRRd. The I)eveleP„eat�ireGt r may Ga6IGe nh pmpertobe-ern edsurnmaFily andJ without PFOOF no+ine The city shell ola+inn of+his sen+inn for+he nos+in redJ in+he r .0I (10) PFeteGted speeGh GigRG OR the P61bliG paFkway aFea violation Af this ser-tion shall he ubien++o removal by city in ordJanne Vali+h sen+ion 94!1501(b)of this GedJe Page 16 to heiRg Gha Fged V.fith aR i..f.rartie.,p Rt tO Be..+ie.,4 4 74 of this!`AdL, 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 two hundred(200)feet of any street intersection. (b) Human signs shall be limited to a maximum of three(3)square feet in size. (c) Human signs shall not block the visibility of any traffic control device or traffic signal for motorists. (d) Human signs on public sidewalks shall yield to the passage of pedestrians. (e) Human signs shall not spin,twirl,swing or gyrate. f. Exceptions. When an application for a sign code exception has been submitted to the Community Development Department, the Community Development Director shall have authority to grant or conditionally grant an exception to allow no more than a ten (10) percent increase in height or sign area of an allowable sign subject to findings contained herein. The Planning Commission shall have authority to grant or conditionally grant all other exceptions to the various sign regulations contained in this Chapter subject to the following: 1. Sign size and placement restrictions of this chapter shall be as closely followed as practicable; 2. The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable; 3. There are special circumstances unique to the property to justify the exception; 4. Granting of the exception will not have a negative impact on surrounding properties; 5. The Sign application promotes the public health, safety, welfare and aesthetics of the community and that the granting of the exception meets the findings and intent of this Chapter. g. Standard sign plans. All applications for sign permits shall be accompanied by three (3) sets of dimensioned plans and shall include the following information: 1. The name, address, and telephone number both of the owner or persons entitled to possession of the sign and of the sign contractor or erector. 2. The location by street address of the proposed sign. 3. An elevation of the sign showing the dimensions of the sign, the dimensions of the sign's supporting members, the maximum and minimum height of the sign, sign copy, proposed lettering and background color and lettering style. 4. A dimensioned elevation of that portion of the building exterior where the proposed location of the sign will be placed in relation to the face of the building. 5. A dimensioned site plan showing the proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated and any pole or monument signs within fifty(50)feet of the site boundaries can be prepared on an eight and one-half(8Y2) inch x eleven(11) inch 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. Page 17 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. 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 considered subordinate if no more than twenty-five (25) percent of the total allowable sign area is used for this purpose. Page 18 (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 existing developments shall be designed in accordance with the established master sign plan for the building or center where the signs are to be located. If a master sign plan does not exist, any new signs shall be designed to be harmonious with other existing signs on the property and/or architectural theme or design features of the building(s)or required by any special criteria pursuant to section 9403h. (h) Freestanding signs may be located in a required yard setback area provided the following criteria are met: (1) Said location is not within a required visual clearance area as shown on section 9412 exhibits. (2) All signs proposed to be located within the public safety area shall be reviewed and approved by the Public Works Department. (3) All such signs shall be located a minimum of twenty-five(25)feet from an interior side property line or fifty(50)feet from another existing pole or monument sign located on an adjacent site,whichever is less restrictive. (4) In the event of a lighted sign the location will not cause negative light and glare impacts on adjacent sensitive land uses. (i) All signs shall conform to provisions contained in section 9404 of this Chapter and any previously approved master sign plan, on file with the Community Development Department. 2. Master sign plan criteria. In addition to general criteria listed in section 94031 of this Chapter, master sign plans shall be reviewed for conformance with the following criteria: (a) Signs shall reflect a common theme, incorporating design elements in terms of materials, letter styles,colors,illumination,sign type and sign shape. (b) Signs shall utilize materials, colors, and a design motif which are compatible and which reflect the special qualities of the architecture of the buildings on the site in both daytime and nighttime situations. (c) For developments with existing signs, the master sign plan shall designate appropriate replacements, if any,which are consistent with the new signage.Where such signs cannot be replaced immediately, a schedule or phasing plan for bringing such signs into conformance with the master sign plan shall be submitted and become part of the approval. A cash bond, based upon the estimated cost to remove the sign, may be required to guarantee their removal. Bond is returnable upon successful completion of removal. If not removed,the bond will be forfeited and the sign will be removed by the City pursuant to the enforcement procedures of section 9405e. The sign plan should acknowledge that tenants desiring signs may not be identified during the building design process or may change over time. Therefore, care should be taken in size and placement to accommodate future changes. (d) The master sign plan shall designate a person or firm as the primary liaison with the City for the purpose of requesting approval of the master sign plan and for submitting sign permit requests in conformance with the approved master sign plan. Page 19 (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. (Ord.No. 1321, Sec.2,4-3-07) 9404-SIGN REGULATIONS a. Prohibited sign types, prohibited materials and prohibited locations. Any sign, sign structure or advertising device which are not specifically permitted by the zoning district regulations in which the sign is located or which may have been erected in violation of the laws in effect at time of erection is prohibited. Such prohibited signs include, but are not limited to the following types, materials and locations. 1. Types of signs prohibited: (a) Advertising bench signs. No person shall place within a public right-of-way, public parkway area,or in any public safety area within the City any advertising bench,or seat except: (1) Upon obtaining a written permit from the City Council,and, (2) Upon obtaining the approval of the City Engineer for the design and construction details. (b) Advertising display bus shelter signs. No person shall place within a public right-of-way, public parkway area, or in any public safety area within the city any advertising display bus shelter,except in compliance with the following conditions: (1) A franchise agreement or other contractual agreement acceptable to the City Attorney shall be required for all advertising bus shelters proposed within the public right-of- way or public parkway area. City Council approval shall also be required for all shelters located within a public safety area. (2) The Planning Commission and City Engineer shall review and recommend to the City Council appropriate locations, design and construction details for all advertising bus shelters prior to award of franchise agreement or approval of alternative contractual agreement. However, in no case shall an advertising bus shelter be located within a residential neighborhood. The Planning 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. Page 20 (f) Beacons. Unless approved pursuant to sections 9403d or 9404b of this Chapter. (g) Festoons. Unless approved pursuant to section 9404c of this Chapter. (h) Flashing signs. (i) Light bulb strings, except holiday lights per section 9403e5, and not in conformance with section 9403e12. (j) Obscene or unlawful signs. (k) Off-premises signs, except those erected or caused to be erected by the City, temporary off-premises commercial signs, human signs, and temporary noncommercial signs. (1) On-premises advertising display. (m) Painted signs. (n) Portable signs, except those approved by the City within the Cultural Resource District and/or Old Town Commercial General Plan land use designation. (o) Projecting signs. (p) Roof signs, except rooftop signs displaying only company name or logo on a flat roof so not to be seen from a horizontal plane of view below the roof line and approved as part of a Master Sign Plan pursuant to 9403h or 9404b6. (Ord. No. 1429, Sec. 111.2,5-21-13) (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. (6) Snipe 6+9PIC- (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. [1] [Reserved.] 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. Page 21 (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 commercial 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 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 (1) 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. Page 22 (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. 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 Page 23 height. In all cases,the numbers shall be of a color contrasting with the background and located so they can be clearly seen and read. e. Gasoline service station sign standards. 1. Pricing signs shall be visible from the street or highway adjacent to the sign,and when situated at an intersection,the sign shall be visible from each street. 2. The number of signs, sign area, location, height and type of signage shall conform to the individual business identification sign criteria. 3. Pricing signs shall be incorporated with the service station business identification sign. 4. Gasoline pump information signs shall be attached to pump islands and limited to two (2) per island column elevation. No products, Logos or business identification shall be included. f. Permitted signs by zoning district and use. All signs shall be governed by the limits set forth in the sign regulations chart, attached to this chapter as sections 9406 through 9411 and incorporated herein by reference except if addressed elsewhere in this chapter. Signs not expressly authorized elsewhere in this chapter or on the sign standard charts shall be considered unauthorized. The sign chart lists the maximums permitted for number, sign area and height of allowed signs along with other standards. g. Maintenance and construction of signs. 1. Standards. a. All signs and sign structures shall be enclosed, structurally safe, kept in good repair, including replacement of defective parts and illuminating fixtures, repainting and cleaning, and otherwise in a presentable condition such that they do not detract from the appearance of the surrounding area and shall comply with the most current Uniform Building Codes, as locally amended. b. All repairs to signs shall be at least equal in quality and design to the original signs. c. All signs and sign material shall be constructed of permanent materials including but not limited to metal, wood or other comparable durable weatherproof material. No material more combustible than treated wood shall be used in the construction of any permanent sign.Any sign support used in the construction of any permanent sign shall be reviewed as part of the sign application. Brackets or other structural elements that contribute to the architecture or in any way contribute to the advertisement of a business shall be calculated as part of the aggregate area of signage permitted for the site. All cabinets, conductors, transformers or other equipment shall be concealed from public view. d. Every sign erected which is subject to a permit shall have its sign permit number, name of erector, installation year,and voltage(if electrical)in a readily visible location. e. Electric signs shall be indirectly illuminated. Illumination shall be either from the interior of a sign, behind letters (back lighting), channel lighting illuminated from finished grade, or another indirect lighting source. Letters and Logos may be internally lit but sign background shall be opaque. Illumination shall be considered excessive and not permitted when it prevents the normal perception of buildings or structures beyond or in the vicinity of the sign or when it shines directly onto residential zones or in any public or private right-of-way. All illuminated signs shall be designed, placed or arranged to prevent glare upon the public right-of-way, adjacent properties, and traffic circulation areas of the subject property and shall not create a menace to traffic or a nuisance to adjacent property. f. All areas where wall signs are removed and background discoloration or holes remain shall be appropriately patched and painted to match the building surface within thirty (30) days of removal of said sign. 2. The Community Development Department shall have the authority to order the painting, repair, alteration or removal of a sign that does not conform to the standards set forth in subsection(1). Page 24 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 Community 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 (7) 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 thirty (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 thirty-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 thirty(30)days) may be billed to the responsible party. (Ord.No. 1321,Sec.2,4-3-07) 9405-ADMINISTRATION AND ENFORCEMENT a. Responsibility. The Community Development Director shall have the authority to administer and enforce all the provisions of this chapter in accordance with the provisions of this Code and the currently adopted Uniform Building Code. b. Interpretations. If any ambiguity arises concerning the appropriate application of the sign code, the Community Development Director shall make the final decision as to the application of this sign code. In making this determination, the Director shall consider (but not be limited to) the following items: 1. The general intent and purpose of the sign code. 2. Prior administrative interpretation of similar provisions of the sign code. 3. The general intent and purpose of similar provisions in the sign code. 4. The intent and purpose of the zone classification of the property involved. 5. The provisions of the general plan. 6. Any other applicable codes or requirements, legally permitted precedents or other relevant information applicable to the application. Any decisions of the Community Development Director may be appealed to the Planning Commission pursuant to the appeals procedure in this chapter. c. Legal Nonconforming Signs. A legal nonconforming sign shall be made to conform to all provisions of this Chapter if the Director determines that any of the following events occur: 1. A legal nonconforming sign shall not be changed to another nonconforming sign. Page 25 2. A legal 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 legal 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 legal nonconforming sign shall not be reestablished 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 Section 9405d. All other provisions of the enforcement Section 9405e shall apply. 5. A legal nonconforming sign shall not be reestablished after damage or destruction of more than fifty(50)percent of its replacement value, including destruction by an act of God. (Ord.No. 1397, Sec. 10, 11-15-11) 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 within sixty(60)days after abandonment.A sign is considered abandoned if the occupants are no longer conducting business for a period of ninety (90) days. (Ord. No. 1367, Sec. II,4-6-10) 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 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. Page 26 2. Nuisance. Notwithstanding any other provision under this Code, all illegal signs are declared to be a public nuisance and are subject to the public nuisance procedures set forth in Chapter 5, "Property Maintenance And Nuisance Abatement Regulations and Standards," of the Tustin Municipal Code. 3. Civil and legal procedures. Notwithstanding the enforcement tools described in this chapter,the City may concurrently utilize all available criminal and legal penalties available to it including infraction and misdemeanor citation provisions contained in Section 1121 of the Tustin City Code. 4. Cost recovery. The City shall have the right to recover from a responsible party the full costs of legal remedies, confiscation, storage and disposal of said sign. An account of all costs for confiscation, removal, storage and/or disposal shall be maintained by the Community Development Department. The total costs of abatement including all administrative costs shall constitute a special assessment against the sign owner and/or property owner. (Ord. No. 1367, Sec. II,4-6-10) 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. (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. Any person may appeal any decision of the Director of Community Development in accordance with Section 9294 of this Code. (Ord. No. 1366,Sec.28, 11-17-09) g. Compliance with State and Federal Regulations. Nothing contained in this chapter shall be construed as permitting signs which violate State or Federal law, or as eliminating the necessity of full compliance with all such laws affecting erection or maintenance of signs. h. Severability. All of the provisions of this Chapter shall be construed together in order to accomplish the purpose of these regulations. If any provision of this Chapter is held by a court to be unconstitutional, such unconstitutionality shall apply only to the particular facts, or if a provision is declared to be unconstitutional as applied to all facts, all of the remaining provisions of this Chapter shall continue to be fully effective. (Ord.No. 1321, Sec.2,4-3-07) Page 27 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 Section 9413.) (Ord.No. 1321,Sec.2,4-3-07) 9412-GRAPHICS The graphics on the following pages illustrate various types of signs, building frontage and sign area calculations.(See graphics at end of Section 9413.) (Ord.No. 1321,Sec.2,4-3-07) 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. (Ord.No. 1321, Sec.2,4-3-07) 9406 TEMPORARY SIGNS ALLOWED IN ALL ZONING DISTRICTS Maxim um Permit Maximu Maximu Illuminat Type of Sign Class Requir m m Height Location ion Remarks Sign ed Area Number (in feet) Allowed (in sq. Attached a.Copy to limited to Fence, constructi name, wall, One per on fence, address, A. Construction freestan Yes 16 street 16 wall or No phone ding or frontage ground- number and pole mounted emergency and contact subject to information Page 28 visual only. clearance b.Sign must requirem be installed ents after issuance of grading and/or building permits for the project. c.Sign shall be removed prior to approval for occupancy of the project. a.May include information on new development s,developer, Attach to architect, fence, contractor,or wall or information Fence, ground- about sale or B. Project wall, One per mounted rent of site or Identification freestan Yes 32 street 6 and No building. ding or frontage subject to b.Sign pole visual allowed clearance during requirem construction ents and for a period of 180 days from issuance of first occupancy permit. Page 29 a.Copy shall a)less pertain to the than resale,re- 200' rent,or re- street lease of the C. Real Estate Fences, To be on frontag property. (re- wall, See One per premises e:16 a)6 b.Check with sale/lease/rent) freestan remar street for rent, No b)200' b)8 the Building 1.Commercial ding or k b. frontage lease,or or Department (on-site) pole sale only more to determine street if a building frontag permit e:24 should be obtained. a.Copy shall pertain to the resale,re- rent,or re- lease of the Fence, To be on property. 2. wall, See One per premises b.Check with Professional/Offi freestan remar 16 street 6 for rent, No the Building ce(on-site) ding or k b. frontage lease,or Department pole sale only to determine if a building permit should be obtained. a.Copy shall pertain to the resale,re- Fence, To be on rent,or re- 3.Industrial wall, See One per premises lease of the freestan remar 32 street 10 for rent, No (on-site) property. ding or k b. frontage lease,or b.Check with pole sale only the Building Department to determine if a building Page 30 permit should be obtained. To be on 4.Residential— Stake or One per premises Nonornamental No 6 street 4 for rent, No (on-site) post frontage lease,or sale only I To be on 5.Residential— Stake or One per premises Ornamental(on- No 6 street 7 for rent, No site) post frontage lease,or sale only A PWl9liG tie h'.Way o n �I epeR G- t -rb this r'hapt,. hA--,;e A -3 � Al � e W SV w c, ef �risNa� r;;Ip AF FPR* FequiFew me-* encs apaApAeRt pFejeets. I a.Site shall contain a Fence, To be on minimum of wall, See One per premises 5 acres. 7.Vacant land freestan remar 20 street 8 for rent, No b.Copy shall any district ding or k c. frontage lease,or pertain to the pole sale only sale,rent or lease of the property. I i I I I Check with Page 31 the Building Department to determine if a building permit is required. A Qf14 Fw+le e# e^+ 48 mage h, s+gws a.Subject to +dew A the maximu regulations of m of two Section In public 2 signs 9403e11 of right-of per this Chapter. commer way b.Permitted D. Off-premises tial between for curb line commercial^F^^ enterpris and the commercial �' Stake No --;W a shall 4 sidewalk No enterprise in #T be the City of subject to s+ e} op sted visual Tustin for per which clearance street business intersect requirem identification ents ion and signs are not one 1 allowed.ineid sign e abutting . any one parcel. tifyiRg tie same subjeet I Page 32 a.Subject to temporary sign regulations in Section Below 9403d of this 32;100 roof eave Chapter. on a Freestan or top of b.Temporary buildin ding fence of sign permit is g banners wall.Shall a elevati not to be discretionary on of exceed securely permit which Banner at least One per 12'from affixed to is subject to (see Yes street finished No 1,000 wall or review and remark square fence, approval by d.) feet frontage grade. and the Maximu that m vertical subject to Community faces a sign all Development freewa Building Department. E. Special event height of y or Departme c.Permitted 1.Private 6 feet. major nt for property arterial requirem nonresidentia ents I projects only. d.May be freestanding or building mounted. a.Subject to the regulations in Section 9403b of this Flag Yes 6 5 12 No Chapter. b.Permitted for nonresidentia I projects and residential projects only Page 33 in conjunction with Project ID sign(class B above). a.Subject to the regulations in On Section 140; designate 9403d of this Maxim um d 4g4t Within Chapter. 2.Nee#it horizon poles the public b.Permitted Public events Banner Yes tal One only. right-of- No. only for Maximu events and width way. m vertical promotions of 35 feet height of open to the 4 feet. public and sponsored by the City of Tustin. 9407 RESIDENTIAL DISTRICTS* Maximu Permit m Sign Maximu Maximum Type of Illuminatio Class Sign n Allowed Require Area m Height(in Location Remarks d (in sq. Number feet) L I ft) On building a.May be wall below used for Wall, A.Building roof eave, multifamil One per monumen Monumen housing identificati Yes 15 project , Yes Y g on t,or entrance t 6 on canopYor ground- projects canopy mounted only. and must b.Copyto meet visual I identify i Page 34 clearance only the requirement name and S. address of project. Project address not included in sign area. c.If sign includes vacancy informatio n which is physically and aesthetical ly integrated into the sign,then the maximum size of such sign may be 21 square feet. d. Changeabl e copy to identify vacancies is permitted without approval of a CUP. B. Wall or Yes 6 One per �Monumen On building Yes a. Permanent monumen project wall below Permitted Page 35 real estate t entrance t:6 roof eave, for on canopy, multifamil or ground- y housing mounted projects and must only. meet visual b.Copy to clearance identify requirement only rental S. informatio n. C. Changeabl e copy to identify vacancies is permitted without approval of a CUP. On project 32 wall or a.For the square ground purpose of C.Tract Wall or feet of Two per mounted identifying identificati monumen Yes aggregat project 6 and must Yes the name on t earea entrance meet visual ofthe per clearance tract only. entrance requirement i s Also applies to Planned Community Districts where Development Plan does not establish standards. 9408 COMMERCIAL DISTRICTS* Type of Permit Maximu Maximu Maximum Illuminati Sign m Sign Class Requir m Height(in Location on Remarks ed Area Number feet) Allowed Page 36 (in sq. ft.) a.Site shall have a minimum of 200 lineal street frontage per sign. b.Permitted for centers only. c.Minimum of 25' In separation eparation from side A.Center One per area, property Monume subject to identificati Yes 75 street 6 Yes lines or 50' on nt frontage I visual I from another clearance existing pole requireme or nts. monument sign on an adjacent site, whichever is less restrictive. d.Subject to the regulations of Section 9403 of this Chapter. B. In a.Permitted Individual 1. One per landscaped for single- business Monume Yes 32 street 6 area, Yes tenant sites identificati nt frontage subject to only. on(not visual b.Site shall located I clearance have a Page 37 within a requireme minimum of center) nts. 150 linear feet of street frontage per sign. c.Minimum of 25' separation from side property lines or 50' from another existing pole or monument sign on an adjacent site, whichever is less restrictive. d.Subject to the regulations of Section 9403i.1(h)of this Chapter. Primary a.Forthe wall: Primary: purpose of 15% I Front wall business storefro One or canopy Yes identification nt area, primary area and I only. max.of I below roof b.Secondary 2.Wall or Yes 75 sq. eave. signs shall canopy ft. face onto a street, Seconda Secondary: parking area, ry wall: Two Side wall or or service 5%of secondar other non- Yes road. side or y primary c.Maximum rear wall and of one Page 38 wall below roof secondary area, eave. sign per max.of building face. 25 sq. d.The ft. amount of signage permitted on the primary wall may be switched with the signage on a secondary wall provided the Community Development Department determines that the secondary wall would be more visible to a street or parking area and would not have a negative impact on surrounding land uses. 25%of a.Copy may window include Permitted I hours, area 3. Height of only on the address, No upon Yes Window which window window phone sign is surface number, located emergency I I information, Page 39 or special announceme nts. b.Permanent display or window lettering authorized on interior or exterior surface of window or glass door. a.Permitted for individual tenant located in a freestanding building within a business In center having landscaped a minimum C. area of 5,000 Individual adjacent to square feet business 1. One per street,and of floor area. Monume Yes 32 6 Yes identificati business subject to b.There shall on(within nt I visual be a a center) clearance minimum of requireme 100 lineal nts. feet separating each monument sign with a center. c.Monument signs shall maintain a minimum 25' Page 40 separation from side property lines or 50' separation from another pole or monument sign on an adjacent site, whichever is less restrictive. d.Subject to the regulations of Section 9403i.1(h)of this Chapter. 1 Primary a.forthe wall: Primary: purpose of 15% front wall business storefro One or canopy Yes identification nt area, primary area below only. max.of and roof Secondary 75 sq. eave signs shall ft. face onto a street, 2.Wall or Height of parking area, Yes Seconds canopy window or service ry wall: road. Secondary: 5%of c.Maximum side wall or side or of one Two other non- rear d secondsecondary ar primary Yes y wall y wall and sign per area, below roof building face. max.of eave d.The 25 sq. amount of ft' signage permitted on Page 41 the primary wall may be switched with the signage on a secondary wall provided the Community Development Department determines that the secondary wall would be more visible to a street or parking area and would not have a negative impact on surrounding land uses. a.Minimum of 7-foot clearance Attached between to the I sidewalk and One underside the lowest 3.Arcade Yes 6 double Below of arcade, Yes point of the face arcade and g si n. perpendicu b.Permitted larto only for storefront. individual businesses located within a Page 42 center. a.Copy may include hours, address, phone number, emergency 25%of information, window Permitted or special area announceme 4. Height of only on the No upon Yes nts. Window window window which b.Permanent surface. sign is display or located window lettering authorized on interior or exterior surface of window or glass door. a.Copy Freestandi limited to ng:Subject information to visual relating to clearance parking, One per requireme exit/entrance street nts. ,directional D.On- Wall or access to and similar Freestandi Wall:On premises freestandi No 4 project ng:4 building Yes information, directional ng and one but in no wall on 1st per store floor and in case business entrance no case or product higher than identification 15'from ground. b.Signs shall be designed to be viewed Page 43 from within the site by pedestrians and/or motorists. c.May provide more than 1 per entrance in orderto facilitate smooth internal circulation if a deviation is granted in a Master Sign Plan.See Section 9403i.2. a.Must be incorporated within Center Identification 75 sq. Subject to Sign,class A visual above. E.Tenant Monume ft.;6 sq. One per Yes 6 clearance I Yes b.Tenant directory nt ft.per center requireme signs shall be tenant nts I of uniform size,design and background color. F.Gasoline In a.Pricing Service a. landscaped information StationMonume Yes 32 6 , Yes One per areashall be Uses nt business subject to incorporated 1. visual within Business I I requireme business Page 44 identificati nts. identification on Located at monument angle sign. where b.Site shall street have a intersects minimum of on corner 150 lineal sites,or feet of street facing frontage. directly to c.On corner streets on lots,only 1 interior sign is lots. permitted and must be located at the corner of the site. Primary a.For wall: Primary: purposes of 15% Front wall identification storefro One or canopy Yes only. nt area, primary area and b.Secondary max.of below roof signs shall 75 sq. eave. face onto ft. street, parking area, or service b.Wall or road. canopy Yes Seconda c.Maximum ry wall: Secondary: one 5%of secondary Side wall or y side or Two other non- sign per rear building face. secondar primary Yes g wall d.The y wall and area, amount of below roof max.of eave signage 25 sq. permitted on ft. the primary wall may be switched Page 45 with the signage on a secondary wall provided the Community Development Department determines that the secondary wall would be more visible to a street or parking area and would not have a negative impact on surrounding land uses. i Copy may include 25%of hours, window address, Permitted area phone C. Height of only on the No upon Yes number, Window window window which surface I emergency sign is information, located or special announceme nts. 2. Attached a.Forthe pump purpose Gasoline um Two per to ur ose of pump Wall No 2 pump 6 islands Yes providing informatio island only,not instructions p Y; n elevation on to of only;does i or attached I not include Page 46 to gasoline state and pumps federal required signs. b.No advertisemen t or products, logos,or business identification allowed. a.Pricing information shall be incorporated with business identification Monume Visible signage,Class 3.Price Wall or See nt:One See from each F.1,above. informatio monumen Yes remarks Wall: remarks a. adjacent Yes b.Prices of n t a.and c. One and c. street or all major highway grades sold on-premises shall be identified. c.Minimum 6-inch high letter size. Also applies to Planned Community Districts where Development Plan does not establish standards. 9409 PROFESSIONAL/OFFICE DISTRICTS* Permit Maximu Maximu Maximum Illuminati m Sign Class Type of Require g m Height(in Location on Remarks Sign d Area Number feet) Allowed (in sq. Page 47 a.Forthe purpose of identifying the name of a building or center only. b.Where building is Wall:Below occupied by roof eave. a single Monument: tenant or a A.Building In major or center Wall or One per Monument landscaped tenant,this identificati monumen Yes 24 street 6 area and Yes sign may : t frontage subject to identify a on visual business clearance name in requiremen place of ts. Sign B., listed below.The name on this sign shall be determined by the property owner. a.Must be incorporate 75 sq. One per Wall or d within Wall or ground- center or B.Tenant ft.;6 sq. building monumen Yes 6 mounted in Yes building directory ft.per entrant g t tenant e landscaped identificatio area n sign. b.Tenant I i I signs shall Page 48 be of uniform size,design and background color. a.Forthe On building 6 square purpose of wall or feet business canopy on with a identificatio the 1st maximu n only. 1.Wall or One per floor and in Yes m No b.The canopy tenant no case horizont maximum higher than al width letter 20 feet of 12 above the height of C.Business feet 16" is identificati ground permitted. on Minimum Attached to of 7-foot the One clearance underside 6 square double between Below of arcade 2.Arcade Yes feet per faced arcade and No sidewalk face sign per and the perpendicul tenant lowest arto storefront point of the sign. Freestandin a.Copy One per g:A limited to street minimum information access of 20-foot relating to D.On- Wall of to setback parking, I project Freestandi premises freestandi Yes 4 from No exit/entran directional ng and oneI ng:4 property ce, per line and directional store subject to and similar entranc visual topics,but e clearance in no case requiremen I business or Page 49 is I product Wall:On information 1st floor and in no I b.Signs case higher shall be than 15' designed to above the be viewed ground from within the site by pedestrians and/or motorists. c.May provide more than 1 per entrance in orderto facilitate smooth internal circulation if a deviation is granted in a Master Sign Plan.See Section 9403i.2. Also applies to Planned Community Districts where Development Plan does not establish standards. 9410 INDUSTRIAL DISTRICTS* Permit Maximu Maximu Maximu Type of m Sign Illuminatio Class Require g m m Height Location Remarks Sign Area n Allowed d Number (in feet) (in sq. Page 50 ft.) In landscaped Forthe A.Center One per area and purpose of Monume shall meet identifying identificatio Yes 75 street 6 Yes nt visual the name n frontage clearance of the requiremen center only. is a.Signs for t B.Business he purpose of business identificatio Wall or n for front of identificatio Wall or One per n only. individual Yes 12 N/A canopy,and Yes tenants canopy tenant below roof b.Sign shall within a eave face onto a street or center parking i area only. a.Forthe purpose of business One per Front wall identificatio 1.Wall Yes 64 street N/A below roof Yes n only. frontage eave b.For single C. tenant sites Individual I only. business identificatio In a.Forthe n landscaped purpose of area and business 2. One per shall meet identificatio Monume Yes 32 street 6 Yes nt frontage visual n only. clearance b.For single requiremen tenant sites is I only. Page 51 a.Must be incorporate d within In center landscape identificatio 75 sq.ft; area and n sign. D.Tenant Monume Yes 6 Yes 6 sq.ft. One per shall meet b.Tenant directory nt or wall per center visual signs must tenant clearance be of requiremen uniform is size,design and background color. Also applies to Planned Community Districts where Development Plan does not establish standards. 9411 PUBLIC AND INSTITUTIONAL DISTRICTS* Type Maximum Maximum Permit Maximum Illumination Class of Required Number Allowed Sign Area Height(in Location Remarks Sign (in sq.ft.) feet) All signs in this district shall be subject to a Conditional Use Permit.Must also submit a Master Sign Plan Also applies to Planned Community Districts where Development Plan does not establish standards. Page 52 Feld Code Changed L Page 53 94 i? 7hxs of Signs slta wren Project Identification bl .`.'. er sign �- }• HEIGHT Sip AuraMAXIMUM Laa�lp 1°hbrf� HEMHT arse oradc Monument Sign MAXIMUM araae HEu3HT Projecting Sign llaudlns Line Csatrs Name MAXIMUM ProJani� ala. HMHT Tm=l Sits RIP Area �r Minimu7� See Restfiaiaw in Seedow 94p3.9411 Page 54 Feld Code Changed L Page 55 9412 7yp"of Signs wail sip, (C bennel Letters) Facule 'Y C - M;"4uea Wuxbr Sit�st Roof Sipa I Window Sip Plaque Prqjrcling Sip SCC RCXfIrireiruu nJ SMMAI.T J40.3-94/1 Page 56 Feld Code Changed L Page 57 4412 Types of Signs WAR Sign (Cabinet) Canopy sign �y Canopy A ing S4M Mansard 'r:.:h:3}-• Arcade sign ;y Scr Rrrrdd ol-in Secriom 9403.94,11 Page 58 Feld Code Changed L Page 59 9412 Sign Area Measurements Definition of Sip Area Measurements by Sip Typr- Width=Hei& Sfpe Area wmow SIPE Rectangular Signe Canister wall or Freestanding Signs ataw Srrbw N. HEdil HE]*R wtortf ! of whed WhA Stge o Cbannel fetters Other shape` L J-.,.Z y W471" L I r�tc,�tr HEIGHT I� 4pL I— WIDTH � f WIDTH J ! . rT Sec Resln'caanr in Srcriow fWt73-"II Page 60 Feld Code Changed L Page 61 9412 Building Frontage Calculations T HE;GHTr JA T Store A sbDre B HE1GHi I WIDTH WIDM is Share A-Height A x Width A Store B-Height B x Width B Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas lrtaJ �ta-i t—.2W � l Cult live I I I I �v ,a 29 �.0 l or Arktr stacw,rt C� Minimum 2w wide P uDrk Sahry Arn Simet Vhw*1 Clearantu Alert Property Linc in Rrmtip Clear See liesrriuionf in Sevio=94oLl-?Il l Page 62 L Page 63 x r r 300' 30 ' 300'0 25, 300' 300' 300' !f k 300' Acceptable Locations for Posting Real Estate Open House Signs in the Public Right-of-way Page 64 L Page 65 3011' X LL z Signs Prohibited in 1lMlana Signa Prohibited in Medipna F 300' a P z s 3170' Jt 300' Acceptable Locations for Posting Real Estate Open House Signs in the Public Right-of_way Visual Clearance Area Page 66 L Page 67 n ri 93 r�J r +` 1f IJ �rJ n f i A/A i � Page 68