HomeMy WebLinkAboutSIGNS IN THE PUBLIC RIGHT OF WAY PRESENTATION - 3.20.18SIGNS
IN THE
PUBLIC RIGHT-OF-WAY
Code Amendment 2017 -004
City Council Public Hearing
March 20, 2018
BACKGROUND
In Reed v. Town of Gilbert, AZ, the U.S. Supreme Court unanimously
ruled against an Arizona town’s sign regulation that regulated one
sign differently than another based on its content.
Premise was that the town’s sign code treated signs in public rights -
of-way directing people to worship services differently than signs
with other messages.
The town’s code was an example of content-based categories of
regulation. The Supreme Court concluded that categorizing signs
based on their content violated the First Amendment.
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EXAMPLES OF AFFECTED SIGNS
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EXAMPLES OF AFFECTED SIGNS
If you allow these:
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THEN THESE SIGNS MUST BE ALLOWED SUBJECT TO
THE SAME REGULATIONS
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TUSTIN CODE ALLOWS
Banners
Grand Opening Events
Special Events
Nonprofit Events
Public Events
Decorative Flags
Temporary Directional/Informational Signs –Focus in public
ROW/Parkway Area
Garage Sale Signs
Lost or Found Signs, Including Pets
Open House Signs
Political Signs
Protected Speech Signs
Human Signs
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OVERVIEW
Signs with the following types of messages must be regulated
in a similar manner. The rules applicable to non-commercial
and commercial signs in the public right-of-way must apply
equally to the others in the same category.
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CITY ACTIONS AND INPUT
Joint City Council/Planning Commission Workshop –
1.Conduct outreach to real estate industry, non-profit
organizations, Chamber of Commerce, and schools.
2.Research ordinances of neighboring cities.
3.Hold a Planning Commission workshop.
4.Draft an ordinance with content neutral regulations that allows
signs in the public right-of-way.
5.Present recommendations to the Planning Commission and City
Council at public hearings.
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STAFF RECOMMENDATION
Prohibit temporary signs in the public right-of-way:
1.To eliminate sign blight, proliferation, and clutter in r-o-w.
2.City unable to control sign content.
3.Regulations will be misunderstood.
4.Enforcement costs are significant.
5.Maintenance of public parkways.
6.Storage of retrieved signs.
7.Objectionable signs abutting sensitive uses (residential, places
of worship, schools, etc.)
8.Majority of OC cities prohibit them
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PROPOSED CODE AMENDMENT
Based on Commission direction provided to staff.
◼Allows signs in public right-of-way.
◼Describes signs by sign type, rather than sign content.
◼Is consistent with U.S. Supreme Court Decision.
◼Establishes time limits.
◼Is similar to existing sign regulations.
◼Allows up to 20 off-premises commercial signs/enterprise.
◼Distinguishes between commercial and non-commercial signs.
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PROPOSED CODE AMENDMENT
Temporary Off-Premises Commercial Signs
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Sign
Type
Topic Existing Proposed
Temporary
Off-Premises
Commercial
Signs
Real Estate
Open House
Signs, Garage
Sale Signs,
some
Business
Identification
Signs
Size 3 square feet 4 square feet
Height 4 feet high 4 feet high
Location One per open house per
direction change
25-300 feet from an
intersection
Two per enterprise per
intersection and maximum of
one sign per enterprise
abutting a property
25-300 feet from an
intersection
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
Number
No maximum Maximum of 20 citywide
per enterprise (located in
Tustin, but not eligible for
permanent signage)
Business
Identification
Prohibited Allowed -see above
PROPOSED CODE AMENDMENT
Temporary Non-commercial Signs
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Sign
Type
Topic Existing Proposed
Temporary Non-
Commercial
Signs
Political Signs,
Protected
Speech Signs,
Public Event
Signs*, Non-
profit Event
Signs
*Public event
signs are
installed by the
City and are not
described in this
table
Size 6 square feet 4 square feet
Height 4 feet high 4 feet high
Location Max of 3 abutting any
property
Max of 1 of a certain sign
abutting a property and the
sign must be 25-300 feet from
an intersection
Duration 45 days prior to and 5 days
after election-50 days total
45 days and removed 5 days
after event –45 days total
Copy Varies depending on type of
sign
Sign content virtually
unregulated (non-commercial)
Maximum Number No maximum No maximum
RATIONALE: Commercial
To minimize sign blight and clutter, temporary off-premises
commercial signs:
◼Must be associated with Tustin commercial enterprise
◼Only for businesses not able to have permanent signage.
◼Business signs allowed for all home-based businesses.
◼Allows up to 17,000 signs for home based businesses
◼Maximum of 20 citywide per enterprise.
◼20 signs is reasonable for directions to open houses.
◼Enforcement of maximum number will be challenging.
◼Allowed 7 am to 7 pm on Fridays, Saturdays, & Sundays.
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RATIONALE: Non-commercial
Temporary non-commercial signs:
◼No limit on citywide number.
◼Maximum posting duration of 45 days.
◼Time limit is near midpoint of other OC cities’ regulations.
◼Time limit supported by Tustin non-profits.
◼Enforcement of time limit will be challenging.
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PUBLIC OUTREACH
◼Stakeholders: Chamber, non-profits, TUSD, realtor
associations, places of worship, and others
◼1/8 page notice in Tustin News
◼Mailed notices to residences on Main St and First St.
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RECOMMENDATION
That the City Council introduce and have first reading of
Ordinance No. 1483 to allow temporary off-premises
commercial signs and temporary non-commercial signs in the
public right of way.
And, set a second reading for the next Council meeting.
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SIGNS
IN THE
PUBLIC RIGHT-OF-WAY
Code Amendment 2017 -004
City Council Public Hearing
March 20, 2018