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HomeMy WebLinkAbout07 SECOND READING AND ADOPTION OF ORDINANCE NO. 1483Agenda Item 7 REPORT Reviewed: Man AGENDA ager Finance Director N/A MEETING DATE: APRIL 3, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ERICA N. RABE, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1483 SUMMARY: Ordinance No. 1483 amends 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. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1483. BACKGROUND: On March 20, 2018, the City Council had first reading by title only of the following Ordinance: 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, 9404a1 s, and 9404C6, RELATING TO TEMPORARY OFF -PREMISES COMMERCIAL SIGNS AND TEMPORARY NON-COMMERCIAL SIGNS. Attachment: Ordinance No. 1483 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, 9404a1k, 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 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 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. 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 20, 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 sign relating to the sale of any merchandise, product, service, commodity or other item or activity for private benefit or gain. 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 otherpromotions 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 diron+ional/infermotemporary off -premises commercial sign, "mal temporary noncommercial sign, or human sign. Ordinance No. 1483 Page 4 "Public event baRRG 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 an irregular and „nigt a commercial, civic, patriotic, religious, cultural, community, or political event that recurs irregularly, if at all, and that takes takingplace on a specific date or dates. "Special event" does not include routine commercial promotions, SUGh as--rular promotions of a national frannhlse r "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 940342 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): Public event base signs. Public event banne signs may be located within the public right-of-way subject to the following restrictions and criteria: (a) All public event mer signs posted on the structures approved by the City shall be posted for a maximi ern of fourteen (1 4) days r,prl shall be removed no later than seventy-two (72) hours after the event has occurred. (b) All public event baRRG 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. M01% M 0 . r r • r r r • r r � r r . r • � r r � . r r r "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 940342 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): Public event base signs. Public event banne signs may be located within the public right-of-way subject to the following restrictions and criteria: (a) All public event mer signs posted on the structures approved by the City shall be posted for a maximi ern of fourteen (1 4) days r,prl shall be removed no later than seventy-two (72) hours after the event has occurred. (b) All public event baRRG 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 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 sians 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 aDDroval by the Citv of Tustin in accordance with established desian 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 &eGtiGRal/r^feFinatiGR off -premises commercial signs may be IGGated ;n any distriGt, subject to the following criteria: a) Temporary off-Dremises commercial sians 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 three (3) four 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 YY1ORIF lUm .,f /1/\ .,f o mile of. street (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 -97:00 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 Der 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. ..A. .. .. .. 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 PGlitiGal signs -(except public event signs), subject to the following criteria: (a) No person shall affix a temporary non-commercial PGlitiGal 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 PelitiGal signs placed on private property. (c) Temporary non-commercial PelitiGa-1 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 PE)IitiGal temporary non-commercial sign shall be included on the sign. (e) Temporary non-commercial Pel+tical 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 sign per sponsoring individual or organization three (3) ide RiGall pelf 6+jps shall be permitted in the public parkway area abutting any one (1) parcel of property. (2) D^li+, ilial sSigns shall be limited to a maximum of s) four square feet in size and four (4) feet in height above grade. (3) POliRcal 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) D^litiGal- Signs shall not be located in any visual clearance area. (5) Any person, party or group posting such PGlitiGaI 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. p (6) All iGaI c�?��airviRg to a paFtriGU!aF 818c, shall nvt be eFon,�- ted-r`ne-re than feFty five (4 5) days pFierco�G'R e!eGt'to whiGGhi h ,-.,a ns and shall be rerneved withiR fiVe (5) Galendar days afteF the dAt- OF +ho olo„+inn. A temporary non-commercial sign 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 nnlitinal sigR posted in the p blip parkway area that Y -s the owner of the residenno. (8) If the Community Development Director finds that any "mal 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 "mal temporary non-commercial sign that remains posted for more than forty-five (45)aix-(6) calendar days after the elon+inn to which 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) ®nli+r Gal 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 p0lifiGal 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): -- Ordinance No. 1483 Page 9 = W 00 r r - - - W RIMINI - - - • --- - - - - ` - r - • - - - I - - - - - - .1110 - -. . U.10.1 ff a •NN IN a I -a ... - - 1 r -I III I 11101F r - - - ffin • -I - - r e r - r a - -. - the sign Gannet shall be deerned • iR gGE)d abandGRed. 1 .y faith be 10Gated within a Feaseniable time, the sip - r meFe than fifty (50) days shall alse bedeerned abandened. - Ordinance No. 1483 Page 10 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 City, temporary direGtinr»I/iRfnrrnatinn off -premises commercial signs, human signs, and temporary noncommercial 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 9404a1s of Chapter 4 of Article 9 of the Tustin City Code to deleted in its entirety as follows (deleted text in strikeout): Stas: 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 signs, and human .: - -- - ,. .... ._ .. . -- ._ - te 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 City, temporary direGtinr»I/iRfnrrnatinn off -premises commercial signs, human signs, and temporary noncommercial 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 9404a1s of Chapter 4 of Article 9 of the Tustin City Code to deleted in its entirety as follows (deleted text in strikeout): Stas: 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 signs, 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): ranulatienc of in pubk Fight of wa Con+inn 9403e'I 1 ' Qp(�DpF of +hic !'�hnnfer. G: Qes'den+i�l ` RG I''`'se between GUrb line anrd +� gyp,., h Ih l i to Stakes SIA 3 4 he sidewalk subject rtv NO . neereP�F Chang (off e1'v�cri�i-cleGr�rcc of direGtiGR fnr cele nr ren+ rano Firements j Not permitted fnr p� +III � `.' � � � PP*Gt--. 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): 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 a. Subject to the Maximum 4g -ht poles only. A minim, om of 4 mile regulations in regulations of of street frontage Section 9403e11 D. Off- premises commercial Stake No 34 hetWeen .cinpc ;dam ° einn�thee subjeGt. A maximum of two (2) signs per 4 In public right -of- way between curb line and the sidewalk subject to V�SUaI clearance requirements No of this Chapter. b. Permitted for ine+iden+ol legitimate commercial enterprise in the DiFectlenal Pr Infnrma+inn ,o, a (Gff-site) commercial enterprise shall be posted per street' intersection and one 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 l eft Maximum 4g -ht 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. i feet of 4 feet. way. b. Permitted only for events and promotions open to the public and sponsored by the I 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 3rd day of April, 2018. ELWYN A. MURRAY 114YOV ATTEST: ERICA N. RABE, CITY CLERK Ordinance No. 1483 Page 13 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 20th day of March, 2018, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 3rd day of April, 2018, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Rabe, City Clerk Published: