HomeMy WebLinkAboutSUPPLEMENTAL TO ITEM #4 ORD NO 1505 ITEM #4
REVISIONS TO ORDINANCE NO. 1505
DISPLAY BILLBOARDS
E. The proposed code amendment will not lead to a proliferation of new
signage because no freeway adjacent digital display billboard will be approved unless it
replaces — on the same parcel — alters, or modifies the structure, display and/or content
of an existing legally non-conforming off-premises sign or electronic changeable copy
sign.
F. The proposed code amendment is considered a "project" subject to the
terms of the California Environmental Quality Act ("CEQA"). The City of Tustin prepared
a Draft Initial Study/Mitigated Negative Declaration. The Draft was made available for
public review between November 14, 2019, to December 4, 2019.
G. The Initial Study/Mitigated Negative Declaration was prepared to identify
and mitigate any potential environmental impacts that would result from the proposed
code amendment and the study found that, although there is evidence that the proposed
project may have an effect on the environment, there will not be a significant effect in this
case because mitigation measures have been added to the project. Therefore, the
preparation of an Environmental Impact Report is not required.
H. The proposed code amendment is consistent with the Tustin General Plan
in that it complies with the following goal:
Land Use Element Goal 4 to assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
I. That on December 10, 2019, a public hearing was duly noticed, called, and
held on Code Amendment 2019-02 by the Planning Commission. The Planning
Commission adopted Resolution Nos. 4396 and 4397 and recommended that the City
Council approve Code Amendment 2019-02.
J. That on January 21, 2019, a public hearing was duly noticed, called, and
held on Code Amendment 2019-02 by the City Council.
SECTION II. The following definitions in Section 9402 of Chapter 4 of Article 9 of the
Tustin City Code are hereby added or amended to read as follows (new text underlined;
deletions in strikethrough):
"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., e-r banner signs., or
freeway adjacent digital display billboards.
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(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.
SECTION V. Section 9404b(7) of Chapter 4 of Article 9 of the Tustin City Code is hereby
added to read as follows (new text underlined):
7. Freeway adjacent digital display billboards. All freeway adjacent digital
display billboards shall require a conditional use permit granted in
accordance with section 9291 and a development agreement issued in
accordance with chapter 6 of the Tustin City Code. In addition to the findings
required by the Tustin City Code for granting a CUP and approving a
development agreement, the following restrictions and criteria shall apply:
(a) Freeway adjacent digital display billboards may only be approved in
instances where the freeway adjacent digital display billboard will
replace on the same parcel, alter, or modify the structure, display and/or
content of an existmne legally non-conforming off-premises sign or
electronic changeable copy sign erected on or before (insert effective
date of ordinancel, and subiect to the following limitations:
1. Location. Freeway adjacent digital display billboards may only
be erected on commercially zoned parcels located within four
hundred (400) feet of either the Interstate 5 freeway or the SR 55
freeway right-of-way.
2. Distance from residential uses. No freeway adjacent digital
display billboard may be placed at a distance of less than 300 feet
from the property line of any residentially zoned parcel, as
measured from the border of the digital display billboard face, or
the base of the digital display billboard structure, whichever is
closest to the residentially zoned parcel.
3. Height. The maximum height of any freeway adjacent digital
display billboard shall not exceed fifty-five (55) feet above the
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the City and to the general public. Such public benefits may
include, without limitation, the removal of additional legal non-
conforming billboards, advertising of City events and public
service announcements, and/or financial contributions to the City.
11.Required Findings: In approving a freeway adjacent digital
display billboard, the City Council must find that each freeway
adjacent digital display billboard:
a. Complies with the requirements of this subsection
9404b(7) and this Chapter;
b. Will not create a traffic or safety hazard;
c. Will not create a nuisance to adjacent property; and
d. Will not result in any undue or significant increase in visual
clutter in the area surrounding the parcel upon which the
freeway adjacent digital display billboard will be located.
SECTION VI. Effective Date. This Ordinance shall take effect on the 31St day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to adoption of
the Ordinance and cause this Ordinance to be published as required by law.
SECTION VII. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held out 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, 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.
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