HomeMy WebLinkAboutPC RES 4344 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, 9404a1k, 9404a1n, 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 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
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.
H. 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, 9403el 1, 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.
Resolutbri No 4344
Page 3
PASSEDAND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 13t"' day of February, 2018,
RY R TODDWITH
Chairperson
ELIZABETH A. BIN SACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNITY OF GRANGE
CITY OF TUSTIN
1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, Californian 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: Kozak, Lumbard, Smith (3)
PLANNING COMMISSIONER NOES: Thompson
PLANNING COMMISSIONER ABSTAINED: Ma
PLANNING COMMISSIONER ABSENT: son
ELIZABETH A. BINSACK
Planning Commission Secretary