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HomeMy WebLinkAbout02 CA 06-005ITEM N2 Inter -Com DATE NOVEMBER 13,2006 19 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT06405(SIGN REGULATIONS) RECOMMENDATION That the Planning Commission adopt Resolution No. 4043 recommending that the City Council adopt Code Amendment No. 06-005 to amend Chapter 4 "Sign Regulations' of Ample 9 of Ne Tustin City Cade. BACKGROUND AND DISCUSSION Chapter 4 of Article 9 of the Tustin City Code contains the City's sign regulations. These regulations were adopted in 1991 as part of a comprehensive sign code amendment. Subsequent amendments addressing specific subject areas were adopted in 1993 and 1995. One of the objectives of the C" 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. The Sign Code also aims to ensure that all signs are inherently safe and do not pose a hazard to pedestrian or vehicular traffic. Fudhemlore, signs should primarily identify and provide directions to businesses and events rather than to serve as a form of advertisement. In response to community concerns focusing on the proliferation of signs in the public right of way, City staff identified the need to review the City's sign regulations Pertaining to signs in the public right of way. The signs of greatest concern at this time are human signs, off -premises real estate open house signs, and political signs. The City's current Sign Code prohibits human signs, but allows off -premises real estate open house and political signs to be placed in the public night of way. Although the size, duration, and placement of real estate and political signs are regulated, the current standards do not limit the number of these signs allowed in the public right of way. In recent years the number of signs posted on public property has increased, causing significant blight. The issue is difficult to address under the existing Sign Code because real estate and political signs are not prohibited nor effectively limited in number. During the past two years City staff has removed thousands of real estate and political signs that did not comply with the City's sign regulations. In addition, City staff mel with Planning Commission Report CA06-W5 Page 2 groups of maltors on April, 28, 2004, and May 09, 2005, to discuss the existing Sign Code and to encourage compliance. The City's education and enforcement efforts have brought most real estate signs into substantial compliance with the Sign Code, but there are a number of main thoroughfares in the City that are frequently lined with dozens of real estate signs posted in the right of way. City staff has contacted the staff in a number of cities in Orange County and has found that most cities prohibit signs in the public right of way. These cities also generally limit the number of signs allowed per street frontage on private property. The survey results are shown in Attachment A. Planning Commission Workshops On August 28, 2006, and September 11, 2006, the Planning Commission conducted workshops, discussed issues related to signs in the public right of way, and provided staff with general direction to tighten the sign regulations and definitions and to reduce the need for interpretation of the sign regulations. The following major issues pertaining to signs in the public right of way were identified and discussed at the Planning Commission workshops: 1. Proliferation of signs in the public right of way. 2. Length of time open house signs remain Posted. 3. The use of open house signs for advertising purposes. 4. Competition among real estate agents. 5. Frustration with interpretation of sign regulations. 6. Unclear definition of open house. 7. Reliance on signs in the public right of way. 8. Time dedicated to sign enforcement. 9. Sign clutter. 10. Distraction to motorists. Meeting with Real Estate Professionals On October 9, 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. Many of those in attendance asked questions of staff and offered suggestions. Staff requested that suggestions for changes to the City's sign regulations be put in writing and provided to City staff prior to, or at, the Planning Commission and City Council public hearings on the matter. Included in Attachment B is the written correspondence on this issue received by staff as of November 8, 2006. Planning Commission Repod CA 06-005 Page 3 Alternatives Staff has identified three distinct alternatives that the Planning Commission may wish to consider with respect to regulating signs in the public right of way: 1) Prohibit signs in the public right of way, 2) Make no changes to the Citys existing sign regulations, or 3) Adopt he changes proposed In draft Ordinance No. 1321. Draft OrdiNo. 1321 - ProposedA tl t W Sion Regulations In coordination with the City Attorney, the Community Development Department has developed a comprehensive set of proposed regulations that would amend the sign regulations in Chapter 4 of Article 9. Most of the substantive changes in the regulations pertain to signs In the public right of way. Lass substantive changes include regulations that have been relocated in Chapter 4; some additional, deleted relcoated, or amended definftions; expanded sections regarding hearings and appeals; and the addition of a permitted sign type -temporary signs for nonprofit organizations. The proposed amended sign regulations are included in draft Ordinance No. 1321. The proposed amendments contained in draft Ordinance No. 1321 incorporate many of the suggestions made by the Planning Commission at the Sign Code workshops and by real estate professionals at the October 9, 2006, meeting and in written correspondence to the Community Development Department. The most significant proposed amendments can be summarized as follows Real Estate Open House Signs Prohibit between 6:00 p.m. and 9:00 a.m. • Allows between 200 feet and 500 feet of a street intersection. • Prohibit more than eight open house signs in the vicinity of any one street intersection and no more than two open house signs per corner. • Require open house signs on any public Street to be generic and prohibit more than three open house signs per open house. Allow real estate agent identification on open house signs on public streets. Prohibit open house signs that provide directions to houses for sale outside of Tustin. Political Signs Allow political signs within the public parkway no more than 30 days prior to the election and no more than seven days after Me election. Require the written approval of the owner of a single family residence when a political sign is posted in the public parkway directly adjacent to the single family residence. Planning Commissicn Repan CA O6L05 Page 4 Human Signs • Prohibit within 200 feet of any street intersection. • Prohibit human signs larger than three (3) square feet in size. • Prohibit human signs that block the visibility of traffic control devices or signals. • Require human signs on public sidewalks to yield W pedestrians. Findings in support of the adoption of Ordinance No. 1321 are included within the Ordinance. ENVIRONMENTAL ANALYSIS The proposed code amendment is not subject to the California Environmental Quality Act ("CEQK) pursuant to Title 14, California Code of Regulations, 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 153]8) because R has no potential for resuhing in physical change W the environment, directly or indirectly. CITY ATTORNEY REVIEW The City Attorney has reviewed the content and form of Code Amendment 06-005. .<<�s� Scoff Reekslin L Elizabeth A. Binsack Senior Planner Community Development Director Attachments: A. Sign Survey B. Comespondencefromrealestatepmfessionais C. Resolution No. 4043 D. Draft Ordinance No. 1321 E. PowerPoint Presentation (available on November 13, 2006) 51 CREPOR72006G 0&005 (Se, CWe)4 ATTACHMENTA Sign Survey Ema - �%ƒ \ ° GG2 - , �. !, •, {. I :: . _ - - \ � »»§; • 2 2 0 \ m- -�I- {{/` - !!}i \ -fn \/ ` CL \ _ (,/ ) ) \ ATTACHMENT Correspondence from real estate professionals Page I of 1 Steen, Brad From: merceae lmercede@memeeegb mill Sent: Saturday, October 21, 20061626 AM To: Steen, Brad Subject sign violation Good Morning Bred I lust left voice mail as well There is an open house sign installed on the Tjunction of Pad Center Dr.& Monterey street, Directing towards Tustin Rench Rod There are no more signs on any turner of Tusbn Ranch Road and pad center, thus direction to no where. My understanding of the wtle is that signs MUST direct M an open house. The same situation happened two weekend s ago which Ileft a message for youif l am mistaken about the code. please let me know Other wise, please look into this violation as it happens almost every week end. Thank you Mewl Girmfu Real Estate Broker Associate Prudential Califnmia Realty www memedeghotli.com 714 83e, 2471 uro2rzgnb Page 1 of 2 Steen, Brad From: Anderson, Claylon Sent: Thursday, September 28, 20068 57 AM To: Steen, Brad Cc: Wissinger, George Subject: RE: malorconcem Oh welpillI Mat can you do. P S Orange please take a tougher standl II This weekend I am going to remove every sign in Tustin Ranch. Technically any sign advertising a business ortrade is in violation. From: Steen, Bad Sent: Tbureday, generator 28, 2006 7:30 AM To! Anderson, Carter: Wissinger, George Subject RN: major corteern From: merrnde [mallfo:mercode@mere N yhoflLmm] Sant Tuesday, September 26, 200610:39 PM To: Steen, Brad Cc: Binexck, ElizabeN; council Subject: major concern Dear Brad I had called and sent you an e-mail regarding few signs In violations of the City sign ordinance on Saturday 9)231. I was hoping that the City code enforcement officers, would have had a chance to explain the codes m the Realtors violating Nem, so in the event there were no oRicers present on Sunday, we would not have to go thru the some fiasco again On Saturdayafternoon, around 5 a pan ,wenohcdtl were posted illegally end st were for rfiffind emoving West comer le Irvine BNtl d Tustin Ranch Road,wand were IeR the but re best were rertpved We thank you for removing mostof rema illegally inputure signs. a are samersigwhythe restwere leftbehind . example please find were ofsomeedthe same Signamatingthe same viol a tionson Sunday. These erejust afew emotes. They were aposted am and spayed tM1ere. Nm 5 d on Sunday l ke had a Real Estate company posting two signs in theAlso vine mined Adam same open house. Our beloved City looked like a 1 30 am Also behind f om Sundays ntl Atlam pen H spoke Mr you on es dayYou said al arountl ate t to regarding an open house sign left dloom itonT Open House by M[ Jeff Jones. You said A was foo late to take any action on Monday, but you Weld drove into it an Tues We drove by m Tues., at a pm, and guess what, sign Is still IM1ere! My was he 101d it will be taken rare, of when Them se there was no Intention of tomo so. IM1ere seems to be a gross inconsistency with what enforcing Nese cotles. Most of us Real Estate professionals a Tustin RancM1, are rcem Our very best to adhere cone w icing know N be the nines( way of posting our sons. eelge em tiotle EnNrcements lack o/ conastency in enforcing IM1em, we are Behlnp hurt financially and in some rases emotionally. wander issue for the code enforcement officers, but it means the world to us[ Saturdays and Sundays are the most important business days far Real Estate community and this inconsistency in enforcing Nese cods are during us deeply Also as a home owner In Tustin. I do not appreciate caving than a ciryue pressen boom signs every Saturday & Sunday. There should be more attention given to this on going problem and drove should adopt a tougher and fairer aNtude. I know you are doing your best in enforcing these codes, but l hope you can appreciate our concern Ignoring some of II/oJ2006 Page 2 o(2 rare violations on weekly bases has become mej r,ssue far most of Ne Real estate aie"Whome owners wonting In Tustin. Some tiling is going to have to be done aWN this I trope seam. Ttank you bt yourtime. 'Menial GfioR Real Estate Broker Associate Prudential Califomia Really viovviruntracedeginoffi.com 714 R3R.2471 11/02/2006 Page 1 of 1 Steen, Brad From: mermede [mercede(ifmemedeghoni.Sort] Sent: Tuesday, September 26 200610.39 PM To: Steen, Brad Cc: Blnsack, Elizabeth, Council Subleac major concern Attachments: IMGPD956 JPG, JMGPO953 JPG, IMGP0954 JPG: IMGPo955 JPG Dear Brad, I had called and sent you an a -mail regarding law signs In violations of Ne City sign ordinates on Saturday 9/23c006 1 was hoping that Me City code enforcement oPoc udy would have had a chance to explain the codes to the Realtors violating them, so in the event there were no officers present on Sunday, we would not have to go thm the same based again On Saturdayafternoon, around 5 e pan, we noticed signspostedbehind illegally and etweexclusion areas, for example rNorth emoving West comer of Irvine Blvd d Tustin But are Road were left the but the rest were removed. We thank you far removing nrosthe please Aasefliafin installed signs. Butare Same signs gwhy smNe restwere left behind Atttion example please find sound ofsome of Ne same signs making the same violationson Sunday .These arejustafew examples They were a sam and n house. e. Our thin 5 beloved on Suntlay. ke M1ad a Real Estate company poafing Iwo signs In Ne sameusban Mar Ne Same open with yourMndCity looked[Ike130pal behiAlsond df husband Adam Geofli spoke Mr you on Monday 9125, at around late t to mounting hu an open house sign lett would l from Sunto it on Open House by Mr Jeff Jones. You saitl it was too late to lake any action on Monday, but you would look into o it an Tues We drove by on Tues., at 9 pm, and guess what sign Is still IM1ere! My was he told it will be taken care, of when Them se there was gr ss Inconsistency nic n of tei cy m. IM1ere seems to very a gross adhere wlenry in weknow enforcing o be t cotles. Most of us Real Estate professionals a Tustin Ranch, are doing our very best to adhere witM1 cwhatane ng hem, to be eM1e conga way of akelyPostinga our signs. But by em tiotle Enforcement's lack of have our legally In enforcing teem, In are getting hurt financially and m some cases emotionally. RIs not fair to as to M1ave our legally posted snot lost d pool of Illegallyeasier posted signs resulting lack signs exposure, jus[ because lashes Enforcement atfOfficers lare not aroundor in come cases,they MISS some of Mesigns. There aregmlen few Rea%ors that feel this way, and most ofus livein Tustin as well. ambeginning hto Code wonder Ne reason t behind this intentional repeatedly, Ign l call it intenliones becausesM1e mncem has been bmugM to Cotle Enforcement Officer's ving th n eCodesift by am not Real equate professionals, and has been ignored repea[etly. RTat re Ne purposes y evolve these Codes if dilahey are not being equally suppose? ch tl4 like to express my nfreme concern antlutf an ointment wrM1 to a tease ma%ars are being handled. It may not be an uefar ssmecodesfor enfoReal cement Estateofficers,butk meansonword to Saturdays and Sundays are the most ply, nl business dayhome for Real Estatecommunityand this inconsistency in emergingofotees¢codsare event us deeply, Also asauld b owner In Tustin. bo colthison going Pmncoqueof openhouse signs everyndfaiay at Sunday. There should be more attention given to ng the going problem and officers should adopt acomm tougher and fairer someattitude, 1know you are doing your bests has becotees¢cotles,but hope you can sal estate ourmncem lowers someof Nese violations on weekly bases has become a major Issue fir most of the Real estate agenglM1ome ow0ers working In Tustin. Same Ning Is going to have to be ince about IM1Is. I hope soon! Thank you for your time aterrede y'fierE Beal Estate Broker Associate Prudential California Realty w mefcedegAolli.com 714 aid 2471 11/022006 Page 1 of I Steen, Brad F m: memedelQuncatern Sent: Thursday, June 22, 20M 10:51 AM To: Steen, Brad Subject Re: Illegal Real Estate Signs thank you. It was on S jundi junction, on park Center and Monterey. Ifyeu d it helps, l can a -mail you pictures nen time, but by the time 1 get home and sent it, could he late in the afternoon 1. thank you again :). Please keep looking for violations. Most of us are doing our best and going out of our way to learn and May the codes and it won't be fair if the ones violating it arc not warned. have a great week J memede Try luno Platinum for Free! Then, only $995/month! V,dimued ln¢met Access with l GB of Eieail Storage. Vm'a Jut V W Wwrvou wm value to sign up mday! 11102Y2o06 Page 1 of 1 Steen, Brad From: ansack, Elizabeth Sent: Wednesday. December 1E, 2005 toga PM To: Anderson Clayton Steen, Brad, Weeinger, George Subject FW. Real Estate Signs Elizabeth ---Original Message ---- From: Ghofli@aol.com [malRo:Gh iflienaol.mm] Sent: Murder, December 12, 2005 6:25 PM To: Blnsack, Ellubetb Subject: Real Estate Signs Dear Ms Binsack Regarding real estate sings and expressing mutterers by the honorable mayor Doug Di during Cel 17, 2005 council meeting , still Jeff Jones signs stay over night at major street corners. Currently (Monday 12I12Am 5:00 tend his open house son is siting at the northwest demoted Jamboree and Irvine DNd The sign must have been aging there smce Sunday. Your tamely response Is greatly appreciated. Adam Ghofli, MSCE, P.E. CA 56566 1 IM.1006 Page 1 of 1 Steen, Brad Frim: Blnsack, Elizabeth Sento Wedrestlay, April 27, 2005235 PM To: Anderson, Clayton; Nguyen Khanh', Steen, trial Partis, Eloise Subject: RE: Realtors EH. Please seta meeting with her for me. Elizabeth ----Original Message From: Anderson, Cayman Sant: Wednesday, April 27, 200512:05 PM Ta: Bimack, Elizabeth; Nguyen, Khanh; Simon, Sued Cc: Anderson, Clay[on Subject: Realtors I received a phone call Rom Mercebe Gi a realtor in Tustin Ranch. According to Mrs Cape, there are 5 ors other realbrs wanting to meet with City Staff to discuss Jeff Jones Her complaint is that Jeff Jones knows when we woM1and he vmlates the sign ordinance when the City does not have coverage. She admits Nat Jeff Jones is in compliance when City staff is available. She feels that Jeff Jones is round her business and she wants us to put an end to his illegal updates (those not committed in our presence) I have no problem meeting with her but l get the impression she wants to meet with Elizabeth. Mrs. Graph claims met Jeff Jones is asking her and she has imported the incidents to the Tustin Police Dept This has gone far beyond sign code violations This is definitely a dispute between two citizens. There is no way to validate her complaints Finally, she is trying to place Ne blame on Brad Amortling to thermal all of realtors agree ihm Brad has not adequately explainetl the relevant code orders to Nem and may are confused Although l am not present when Brad speaks wit the different begins I doubt that he has confused any of them. Bred knows the real estate sign care backwards and moved. She has an atlomey and I thought I should give a brief synopsis'm case she shows up at City Council or Mr. Hustone office. 11/02/2()06 Page 1 of 1 Steen, Brod From: Anderson, Clayton Sent: Monday, March 28, 2005820 AM To: Steen, Brad Subject: Mencebe Ghofli At the end of her message she Insinuates that The City has changed the mles again. I am going to call her back today, She wants to be reimbursed for her sign. 11/022006 Reekstin. Scott From: Anderson Clayton Sent: Monday, October 00, 2006 8'23 AM To: Reekstin Scott Subject thv Open House signs just keep getting worse frinraa_ Put Fx.F- Sir ncack. E1a.abvtt. Sent: Monday, October ]O, 'nub P:00 Arl To;And :1^ytcn 6ablet� T. Opun Haase atpaa ]est tup ' ran wor..x ElirabseF A. Bull Comm rig clrwront t�11¢ctof Cityuof Tustin ria -111 lul urinal T11111111 gaJUdnlx.nft I rarl:n: l acka1015- x. net] eay,c _ Tutu lO:.-1 AM TIt _ - , El zat eller, Party gab iLn, loan Haase -i,ns list kuxp .ntt.Tc rvaro¢ E1... C.d. and ntl:zr=, p Cut dhoard ,-kind.Full - AT,,,at d., his pe cele standing - With Ion enol e bu signs Thin e 1thed outrun d PSea s nor _ The chances T[ v- lin, e counts of Eno 4 the y for ern =old and pro n 1r - afro mL e Ones ] -p. hQVtak old T i:mne hla y- .nus bull o war[ a Sold. tl le vice filleted. s ua rn Patch Rear tlno[ -- "Bir ack w ec¢r Tnalru Pinch Resraer 1. apololrxesee e lack Of a -A L. ♦ -nail. viii hu including you V letter to the Elamite cnrtno si and 'try Ctunr_1 a ¢lun7 wl u any p -soused anima.[ to Che3lyn r a You _c llku I To Guo = mpy It the stat[ rel,,[[ and r prep s ed rtlSn a ac e, pluase ]e[t mn im,tn. Agent, ohana yen ton ynur rnpat E1_e¢ueth A. Ermack commm rty e v¢lOpnert Fr nec n City IT Tustin 714 17J 1031 -- - Jriiiinal Message. Tully On Bohall of 011 seal, Wednesday, baber is, Ivan B.T_ Ada unto,:, wnE:aa Cl: P , -k, Elizate-h nuhj lct :9i: open haul, signs. attactcd letter ¢iginal 14 -wage _: Y.nl Gl gco net aalto:ja ealol@ry o x.ue Tuesday, Or -,,bel '7, 20106 a:05 PM To l l oubhe-_. vpcu hctsc Tied,, ntt.,h,d lacer Tast£n Citync c£1, F ri£y by r s£1 'hat yaa heve ved my I-ttez It 1 ,aye lmpoitan that, you read r o I hav . been n£ s bu- tr s Tor O yea , and the t you u nave the - alth. eI w okn, Chau you have ---d this end ,, 1 a7knowl-dg- at the eenrnq Haut q Tustin Ranch ot'iJunt Page 1 of 3 Reekstin, Scott From: ScaRICM1®aol.com Sent: Tuesday, October 24, 2006126 PM To: Reekstm, Soon Co. Counal Subject: Sign Recommendations SUBJECT: Recommendations for Open House Signs in Tustin In response to your last meeting in which you asked for recommendations to be in writing, we had a number of agents brain storm solutions to the issues of Open House Signs. Our suggestions are as follows: No Host Open Houses are unacceptable. Must be hosted by a Real Estate Licensee. Open Houses signs should have a RIDER on each directional sign stating the beginning time and the ending time of each open house (For example: 1 5 p.m.). This way the Buyers will know exactly when to go to that particular property and the City will know when the signs should be removed. Open House signs should be posted ONLY ONE HOUR before the open house and TWO HOURS AFTER. (Two hours to remove signs because sometimes there are numerous attendees arriving after the scheduled hour to close). Open House signs must lead to an ACTUAL OPEN HOUSE on the day the signs are posted. I do not believe the City has the legal right to permanently dispose of open house signs. First time offenders should be given a warning with an explanation of the rules. They should then be required to sign that they have read and understand the rules. The next offense should be on an escalating scale of fines to be paid by offender being raised with each additional offense. The final penalty being a temporary suspension of all signs for 30 days. The agent's name that APPEARS on the sign should be the responsible party IOPS/1006 Page 2 of 3 for the placement of that sign. The agent would them be responsible to inform the individual putting up the signs as to proper placement. No more than two signs per comer per the agent holding the open house. DO NOT limit the number of agents who can have their signs in an intersection. That could lead to agents removing signs in order to secure their visibility at the intersection. Continue current ordnance of having an agent's open house sign at least 1114 mile apart from the other. The signs being 25 feet from the corner and 10 feet from a driveway should be re-evaluated. This is extreme. In many areas it would prevent any sign from being legally posted. The distance should be reduced and be spelled out in a clear and concise manner in writing so that agents will know where signs can be placed. Guidelines utilized by code enforcement need to be provided IN WRITING to the Real Estate community to insure compliance. This would eliminate the current confusion and arbitrary removal that appears to be at issue. it would also be necessary to explain which "Common Areas' are considered private property and which are considered as City easements. The majority of real estate agents in my office are more than willing to adhere to the rules if they just knew what they were. Signs that have been acceptable for months suddenly seem to be confiscated with no dear cut explanation. I am also concerned that this issue seems to be targeted specifically to Tustin Ranch while numerous abuses we occurring throughout other areas of Tustin. . The complaints seem to be coming from a small number of people if the weekly average is 5. . Sellers are now making more demands of their agents in order to get their homes sold. . It is not so much the agents who want the open houses, but the seller's who are requesting the agents DO THE OPEN HOUSE. The Tustin residents who are complaining about signs will complain until they want their home sold. . A real estate agent is not paid until title transfers at close of escrow. At mn512005 Page 3 of 3 that time the City tax base is also increased. It seems that we should be able to work together fora common goal. Sincerely, Shirley Cattich Tarbell, Realtors Mailing Address: City of Tustin 300 Centennial Way Tustin, CA 92780 Scott Reekstin, Senior Planner (714)573-3016 FAX: (714) 573-3113 1025/2006 Page 1 oft Reellstin, Scott From: Karen Lu -Ferguson [vula eggloslobal net] Sent: Monday, October 23, 2006 ]:22 PM To: Reekstin, Scott', Council Subject: CONSIDERATIONS FOR NEW SON ORDNANCE SUBJECT Considerations for the NEW Sign Ordnance for TUSTIN No Host Open Houses are unacceptable. Must be hosted by a Real Estate Licensee. Open Houses signs should have a RIDER on each directional sign stating the beginning time and the ending time of each open house (For example: 1 —5 p.m.). This way the Buyers will know exactly when to go to that particular property and the City will know when the signs should be down Open House signs should be posted ONLY ONE HOUR before the open house and TWO HOURS AFTER. (Two hours to remove signs because sometimes there are extenuating circumstances that prohibit agents from leaving the open house right on time, such as writing an offer). Open House signs must lead to an ACTUAL OPEN HOUSE on the day the signs are posted. The City should NOT permanently dispose of open house signs. First time offenders should be given a warning with an explanation of the rules. They should then be required to sign that they have read and understand the rules. The next offense should be on an escalating scale of fines to be paid by offender being raised with each additional offense. The final penalty being a temporary suspension of all signs for 30 days. The agent's name that APPEARS on the sign should be the responsible party for the placement of that sign. No excuses! No more than two signs per corner per the agent holding the open house. DO NOT limit the number of agents who can have their signs out. (That could get ugly.) 10/25/2006 Page 2 of 2 Continue current ordnance of having an agent's open house sign at least '/, mile apart from the other. The signs being 25 feet from the corner should be re-evaluated. This is extreme. This should be reduced and be more specific in the guidelines to reflect exactly where the signs can be. Guidelines utilized by code enforcement need to be provided IN. WRITING to the Real Estate community to insure compliance. Keep in mind: • It is not so much the agents who want the open houses, but the seller's who are requesting the agents DO THE OPEN HOUSE. The Tustin residents who are complaining about signs will complain until they want their home sold. • Every home sold equals more tax dollars into the CITY OF TUSTIN. • Real Estate agents make a huge $$$ contributions to City events and Schools. Thank you for your consideration, Karen Lu -Ferguson Tarbell, Realtors 10/258006 Page I of 1 Reeksi Scott From: Jeanne LaFoumade bee ineQjeannelifourcede.coml Sent: Monday, October 23, 200fi 5'.29 PM To: posketiy, Scoff Subject: Sign Policy To lAcOro it May Concern, These are Some of the suggestions that I have regarding me sign policy I have been a reaffor In the area for over 25 yrs & I agree that the number of signs has gotten out of hand & makes the city lack unattractive. TM1ere are a few agents who are the worst offenders . Here are my recommendedons.l am basing my remmmentlatlons on keeping existing personal company signs as changing them would be a costly expense for brokers & agents. 1. L'imitthe numberofsigns on public right ofways by any igen&if they have more than one Open House NO MATTER HOW MANY HOMES THEY HAVE OPEN to 8 signs per agent TM1ere will be additional signs Inside the preferments on al or private property. 2. Open House are limited tc only Wednes leay, Saturday or Sunday THOSE DAYS ONLY 3. Open House NO EARLY THAN f 0.00 AM. & NO LATER THAN 5 00 P.M. ON DAYS ABOVE 4 Signsupnoeady Nang:BOa.m.&mustberemovedby608pm. Thank you for your consideration Jeanne LaFourcade, Realtor Tustin, CA W9451-1247 714-745-495] cell leannelafsurWde@mx net 10/25/2006 Page 1 oft Reekstim Scott From: Sherman Smith shemonsmimg paceer net] Sent: Wednesday, October 10, 20066'.59 PM To: Reactor, Scott Subject: Open House Signs Scott As a Realtor—it paire and embarrasses we to see intersectoons cluttered with open signs. The most I have seen is the intersection of Irvine Blvd and Culver in Holes. I counted 31 open house signs within 50 yards of the intersection. Tustin Rauch Road and Irvine Blvd is a mess as well on some week ends. If we don—t use generic signs we are going to have a race for the intersection to see who can get their me their first. With generic signs there is no race a be first because due mammon way knows that them is m open house and they will find out who the Realtor is when they get to the open house. Isn-t what we are fighting far is the ability to have an OPEN HOUSE not to advertise on the street comer. The generic sigres have worked in South Orange County for years and nobody complains. I feel that the following suggestions would greatly clean up the street corners and medians: 1) Open house signs should be restricted to Ne hours of Slam - Bpm on Saturdays and Sundays. Broker Preview restrictions for sign hours of gam to-3pm. 2) I am in the minority as for generic signs. I think that on ALL major streets (Jamboree, Tustin Ranch Rd, Pioneer, Portola, Irvine Blvd, Bryan, Newport, Walnut, Browning, Red Hill, EI Camino, Yorba, 17th Street, Newport Ave, etc— should have generic signs. A maximum of two signs pointing in any one direction and they must be generic (not from the same Realtor—). (Mission Viejo, Rancho Santa Marguerite, Ladera all use green and white generic signs on all major sheets) Interior neighborhood streets can have the agent—s personal signs. There should be a limit as to the number of signs used per open house (8 to 10). This will prevent cluttering the streets with signs directing people all through out the city. No signage to be allowed on the medians and parkways. 3) I feel that there should not be any requirements as to the distance between signs or distance from a corner. This is very time consuming for code enforcement to police and is too difficult for realtors to judge if they have placed them the correct distance apart or from the corner. If the number of signs is reduced and the locations are reduced this distance requirement should not be necessary. Limning the time, days, # of and type signs and location of signs will greatly reduce the existing clutter we are experiencing. This will be a much needed improvement to the current code. Any questions I can be reached at the numbers below. Sherman Smith 10/192006 Page 2 of Sherman Smith & Associates 1173 lrvine Blvd Tustin, CA 92780-3528 shermansmith(rjpubsellmet www.shemmsmith.com (]14)544-5445 (714)505.1562 Fax I know that you have quality friends and family members who would be as nice to work with as you. From time to time, they may need my advice and consulting on Buying or Selling. Don't Keep Me A SECRET !! Tell them about my services. "Serving Orange County Since 1978" 10/19/2006 Page 1 of 2 Reekstin, Scott From. BrendaBaney@aol oom sent: Wednesday, October 18, 20065:15 PM To: Reekstin Swtl. Counol Subject OPEN HOUSE SIGN ORDNANCE SUGGESTIONS Dear City Council & Community Development, I would like to propose a few ideas for your perusal concerning the new sign ordnance for Tustin. Open Houses should be hosted by a Real Estate licensee. No host open houses should not be permitted. . Signs should be posted ONLY ONE HOUR before the open house and TWO HOURS AFTER Two hours to remove signs because sometimes there are extenuating circumstances that prohibit agents from leaving right away, such as writing up an offer. . Open house signs should have an additional smaller sign attached to the open house sign inter) stating the time of the Open House (ex: 1 - 5 p. m.) on every directional sign. Then the City will be able to tell when the open house signs should be down (hence, the one hour before, two hours after). . Signs must lead to an ACTUAL OPEN HOUSE an the day the signs are posted. . The City should NOT permanently dispose of open house signs. First time offenders should be given a warning with an explanation of the rules. They should then be required to sign that they have read and understand the rules. The next offense should be on an escalating scale of fines to be paid by the offender being raised with each additional offense. The final penalty being a temporary suspension of using all signs for 30 days. 10/182006 Page 2 of 2 The agent's name appearing on the sign should be the responsible party for the placement of that sign No excuseslNo more than two signs per corner per the agent holding the open house. DO NOT limit the number of agents who can have their signs out. (That could get ugly.) . Continue current ordnance of having an agent's open house sign at least 1/4 mile apart from their other sign. The signs being 25 feet from the comer should be re-evaluated. This is extreme. This should be reduced and be more specific in the written guidelines to reflect exactly where the signs can be. Guidelines utilized by code enforcement need to be provided IN WRITING to the Real Estate community to ensure compliance. Keep in mind- It is not so much the agents who want the open houses, but the seller's who are requesting the agents DO THE OPEN HOUSE. The Tustin residents who are complaining about signs will complain until they want their home sold and request open houses of their own. Every home sold equals more TAX DOLLARS into the City of Tustin. Real Estate agents make HUGE $$$ contributions to City events and Schools. Thank you for considering these suggestions. Brenda Baney "Your Tustin Ranch Neighbor & Resident for 15 Years" Tarbell Preferred Properties cc. Elizabeth Binsack, Director of Community Development 10/18/2006 Reekslie, Scott From: Brandon Bonk [BrantlonBonk®firefteem.coin[ Sent: Wednesday, October 18, 2006 10 05 AM To: Reekstin, Scott Subject: RV New Tustn Sign Dobe Flnm:t Ia Lmquaet fmhilt V:ipalmgnist4@( X, het1 Sees' Mennlu/Y/6nu6 5:ey FM Ronife[ Palmqnx cnnl.rw. Ne„ _"=tin Sly, I Deal tctow Tustin n Tustin Ran[b Poaltcr, £ yw may ary t«.elt, _ city Sty c this -u9 C Rs the Segal tmigtc rne acorp s code Tustin and Tust'u nch. 71hiren i5r-d t videio ,,v, [ions t nage teg�letions. They wall he n t public crt eting o -3rd and S iembei 20th. We have ardId o olgg es a helm in, city plan _ onIP yen Science,, t ple ph,ward t - =eks[ oig with y sippvx t you ti rw Mi i IT.. ycuc F1 skiY cvulva a. b _ -_e h_ h -19e• 3i oc de. - - ads input. and n all allnwert ¢n tc urethan Jill w this. Shanks Illicit your pulp. Also 'cl a true I W.,,a¢ this or in as any realtnfsintri a manngnis that ytu know [ s.:. suppoLt. haak sin dcnn_is, Person It 6 Rcsn..ary Kra - ,list mesa Rual Estate R4 -5C5 -338s From: .3 nL fel Malmquist Distaste apalnqu ist4@cox.n-L1 Money, October 0° 20n6 5:10 M9 co rf suhjec_. Ned Test n Spur iCibn Tnank you tun invitin, us to she meeting today at the comma ity center to vi.auss hp'ione I. rerase tire :lnttnf i„ T'astin/Tustin Ran c]. WP •el Inst The £c iLowin9 sug osti¢ns such be vcurly "Carter _ter by the mas,r,ty if reautors Most open ...uses a e tram 12-4 it 1 5 on 3atortlay and Sunday Restrict the 1191age hours to 11 - d on Ca£c-tlayg and Euraaya. EiDkxr preview to o WeAenm eabays t[ aD -1.30 on Wednesday-latticethe sign hours au:m 9-3. The days put T - ead to be serrated or you will have. [ealto[holding open houses a all hours and e¢ e�ryday of the walk Dust ou t login signs up m e Ireque rlu as a o - umJent code m p Y lust F' c'£Y re all tl 1 hos before dh £. gpen done,, theny 11 hnv It ca heldno pen hnusog early he rvdud, and at vanazt ham=s just to oat Ine_r ciym up- 21 Thorp should be a limn as t the founder I sea Used Pet open hon - asy clutter the "th ce di,acting P pl. 1 _ h is of Each pen " should b attract fight cn at n ]' t the r. p et de o o I urhnr.t e. and tl F front nn G alternated b the dealt o[being Sanbo[ne, Tug ich rtlY Pioneer,P1 h 1 tie q Cents', Po[fol., - ssun Thai D also Paton, beNallowed walnut, wo esign Red Rall, E1 e _igna9e It Ge eallowed on the mW6n.s and parkways opl ac_ _ on on Lu rne[ 31 we feel that thP.r shrn,l] nut he any r + - e - a to the dithered between signs In tl t f ' lv p f e n p n l C difficult at t Placed -no correct diet.... P Drum the If h mt If n reduced and locations reduced h distance tequi[Pmen[ stou_s of be ne_e_ ary Lllltlnq ther , day [ W u Sign,and lac i a n c 1 reatly red the clutter we are erper_en ing.Thwill be e mac. needed ,IN ......en[ c the current onde. We not n _ -tented.We II[ _ st-d thousands at dollar Tenn addition P - 1 fac.I r t l rigid lad mato thorough .I b r y 'if1 P - I to "an o to la s Et the. sign. It we lould n have any 11e clients.I n+n'= it e P will be n aldinq this .mall It ary Iea_rnrc throughout the rmmn anity air 'hall ebbie[k and support. - We look £..wand to lour soothing maatin90 cu octunxt _3rtl and Nwmv+ar IDth. Thank you, didu ife- Palmqur t a Rosemary Kral First Team Deal iState '19-505-9363 Page 1 oft Reekstin, Scott From: Jaci Woods,GRI,ABR,Brokeroj ii@jaci4recoml Sent: Tuesday, October 17 2006 0:35 PM To: Pearson, Scott Subject: Discussions regarding Tustin Sign Code and possible changes §i{ID I am In complete agreement with the other REALTORSh1 about signage - wave all invested thousands In signs and 0 would be a burden to be required to purchase or ers. Also, I agree that major comets can not be left without directional signs. Those agents who abuse the current policies simply say they have lots of open houses and therefore put out as many signs as they like without censure. Those signs stretch from Jamboree and Tustin Ranch Road all the way down pramically to the freeway floats simply not necessary and makes us all look bad When one or two agents do this and nothing happens, it spurs on a few more competitively who feel they we can have more than one sign and pretty soon directionals go up and down and crossways to savorous an agent, not so much an open house I do not want our eighborhoods to look like we're anrving In New Jersey either Most of us, as realtoe who care about our communities, and want this reigned in as well. We don t want to see what we've all be seeing lately along the roads-cspecia lly In Tustin Ranch. Thanks for letting us voice our opinion - the min goal here is to represent our clients and even though we didn't create it, the fact of real estate Is open houses sell property. I don't want to contribute to penalizing a seller tram adequately marketing his property because of some over zealous agents. There are those residents (who are not menud REALTORSor) who do not know how much business takes place at open houses and who might call for more stringent measures -we need to be able to reasonably set out our own directional signs so folks know where to go and who they are going to see Thank yawl Regards, Jaci Woods, CRS, GRI, ABRyl Broker- ORE Lip 01261744 Loyalty, Integrity, Service 714-389-4099 714-3894077 Fax 888505-2089 Toll Free Seven Gables Real Estate Irvine, CA 92620 12651 Newport Tustin, CA 92780 10/1&2006 Page 2 of 2 PlUVILECFDANDCONFIDENTIAL This.omnamicm'mn.including anaChments, ie ter the e,clumve use oraddttxsee and may contain pmpricun', con lidential an&,, privileged iolnrtnation In you are It the in raded pool pie nL aay use, copying, dlsclmmq dissemination or distribution lr arictly probioned If you a¢not the Wended recurrent, please notify the solder immediately by return nnm'I, delete las communication and destroy all upres. Thank you. 10/1 8Y 006 10/1'_2006 To; Heavy City Of Tustin Dear Henry It was a pleasure meeting you yesterday to discuss the temporary sign codes and we look forward to working with you and our fellow Realtors in improving the sign code and improving how our great city of Tustin will look when everyone in our industry cares why there is a code to begin with Memo find Ne enclosed photos of comers where we recently had signs taken. As you can sen, because of the very large vistas of the comers, they are not good examples for the trent code. When the canent code is applied almost of the entire "green areaz show as safe for signage. Years ago we always put our signs right on the edge of the "diagonal" of the comer sidewalk. This was Ok for one or maybe two signs, but after than that it is blight. Putting them on the side starting at the 25' mark with 10' between signs going down the street looks like the professionals care how the sips look and still get the name recognition that everyone is competing for. You see this best going North on Tustin Ranch Road right after Irvine Blvd on the golf course. The Spacing is not always right, but you can see that is it more aesthetically pleasing and the each sip is also readable. Unlike what it used to look like on this comm; -k We have made some huge strides already! We have lost many signs in the past and honestly we do not know bow many signs we have in your "collection" that were taken an these types ofcomers. But we used to put them very close to the diagonal edge of the side walk. The four corners in the photos were only from recent sign lasses and don't recall which comers were "hit" more than once. The stress and aggravation over the signs disappointing has bean overwhelming and my signs that we could have back would be greatly appreciated. On an other recent lose on West bound Bryan right before Tustin Ranch Road. We had e other sign lost here earlier, but one person been your staff acknowledged taking a sign and the other denied and we never could determine what the issue was if it win taken by your staff. We put mother one there and it also was taken, this time acknowledged it was taken because of distance between signs. This is where some improvement needs to be done in the code. The codes state that there must be 1250' between the sign. It has been our understanding for obvious reasons mat this was for "continue straight" signs, as you have no control of where people need to tum to get to the open house. In this case the propose of the signs was to capture traffic leaving Costco etc to get then to go to the open house. As the code is worded that can only be done with one sign, which would eliminate half of the potential traffic by only putting the sign on Bryar and Tustin Ranch Road for the people leaving Costco and turning left by purpose and then seeing the right .. ,.I .III VIA WIEBACH u . Liaic,. dllomh 92-Bn 1 141 14 411 A) .. d...a.11>i..vn. tum sign later down Bryan. There really is no other place m put a sign on Marketplace Other than at the 'IT' to be able to capture the traffic that would be fuming right on Bryan. The distance between the IT' and Tustin Ranch Road is less then 1250' but there is a change in direction between the two signs. Band had a great idea of putting M N ivalml sign somewhere in the Costco center, but there is no good location and getting perrtdssion from the Irvine Company is nearly impassible, as we have lost signs to them in the past. As a personal policy, we always ask permission to put signs on private property. It is very time consuming, but then people know that we care about their feelings about the signs. There was only one Gas Station that would not allow a sign on their property of all of the 01weerstmanngere we have asked permission for. We never found anyone on the weekend that had any say on Wine Company Centers. We simply avoid signs at these locations, as they have been taken before. Another sip that was just lost was the one on a similar "Tithed we discussed the other day on Patriot and Pioneer Road. We have not put a sign at this location in a long time. We put one there on Wednesday, because it was our understanding that our sign on Patriot pointing left to Pioneer Road was takrn by your staff on Sunday. Not getting an answer on slut sign in particular of why it was taken, we decided to move it to the "T' where everyone else puts their sign, which we feel is blight after 2 sigma. That is why we have not put one them in a long time. The away is that we had that one taken because it was we close to the one at the IT' on Castaneda and the one on Patriot was not taken by Your staff. At that time we felt like we can't win this anymore. I measured this on Scaled map, and yes there is only 600' betwearr the signs, although it looks a lot former apart. What was more mounting wait just 500 Poet se the south were two signs from another agent right on the comers just 40' apart form each other that were not disturbed. We think to unnerves, what is it that we don't understand about the code? That is when we took photos and we headed back to your counter at City Hall to help us understand the code so we can better comply to it. There was also one sign taken on RM Hill on this last Sunday, which we did not put out, but was our listing that it directed to. Beaux we know that this sign was in violation, we won't ask for Ws back, but this poses the not question of what do you do with these signs? They are of no use to the City and mjust give than back in the agent with just a slap on the wrist is no solution to the problem. We propose something in between. Since we surprisingly discovered that we are all human yesterday, how about an allowance of 6 violations per year of which we can reclaim the signs for a fee (and education), after that, no more mcbmanom for the rest of the year. After 12 violations that agent is no longer allowed to past any more signs at all for the res[ of the year. That will have some read both to keep everyone in line. To some agents losing sips to your staff isjust a cost of doing business. We thick the signs, flags etc you have in your possession at this time should be auctioned off, because at least most of the names have some value to other agents and the complete signs have more value to the agent who lost them. All of the proceeds would go m some chanty so the City of Tustin does not become the "bad guy'just looking for more revenue. We thi a: also it would he great fila and mother green networking event for the agents. Sorry for the length of this letter as it was not our original intention get into other discussions on the code changes, but it seemed to roll into it on its own. We hope that mese suggestions are of some use. We wJl continue to mink of other things and refine what has already been discussed. We hope you have it in your heart to rewm the signs that were taken in error sa we can breathe a little easier that we understand the code completely and can abide by it to the best ofom abilities. Sincerely, Walter rad Silvia Wiebach October 10,^_006 TO: Mayor Doug Daven&City Council, City of Tustin Re: Real Estate Open House Signs Dear Mr. Mayor and Tustin City Council, I wanted to take a minute to write a letter regarding the current sign issues being looked at by Has great city. I am a long time resident ofTurtin and happen n own and reside in the Tustin Reach community. I am also a Real Estate Broker and have been in the industry for over 20 years, I moved to Tustin Ranch a few years ago in the "Heat" of the market. After moving here, I realized that the signage was absolutely out of control. I have never seen the amount of open house signs concentrated in one area. I called the city a number of years ago and complained about the agents using these open house sips a t "advertising' The signs are place directly outside the gated community that I live in. 'Me signs we not pointing into the gates, they are simply for us to observe their name and pointed away. Signs are even placed in the middle of blocks. Wbw is now happening is competition between agents for signage and placement of same. The signs go up at fust light of the day. They stay up until dark. This is happening on all Wednesday's, SalurdaY s, and Sunday's. This mems that we have siws up m ow city 43%of all daylight hours. This abuse has gone on ton long. The notion from some local Routines that this problem is only due to a slow market is ridiculous. This problem has been going an for years in the honest of markets. Sellers may want open houses along with the Realtors. However, the sellers don't care if the agents name is on the open house sign. The sellers want the agent at the home and exhibit the ability to make a sale happen. This ability lies solely in the ability of the agent and if the home is right for the buyer. Not the name on an open house sign. The solutions that you bring to life table are all very valid. The one thaz I most like is the generic signs with limited hours within one how of typical open house times. Generic is the only way to stem the Bow of advertising competition among the local Realtors. I am _ not for prohibiting the signs. However, even if you did that, there are websites chat buyers can go to and get the address and map of the home on open house. This would actually give the Realtors a higher level of qualified buyers coming to the door. Then industry will work it out. If they can't afford new signs, maybe the business is not for themanyway. Furthermore, the blight from these signs is causinglowerproperty values. The Realtors should acknowledge Has as well. However, they probably won't admit it. I am unable to provide you this letter in a public forum as I seem to be on the other side of the fence from most of my business associates. I respectfully section you do not publish my none or address. However, you may contact me personally by email and I will provide the information with confidentiality. Respectfully, Tustin Retch Resident & Real Estate Broker Page I of t Reekstin, Scott From: Doug Ward ]ReMa%OW@Co%.net] Sent: Tuesday, October 10, 200510 12 PM To: ReeksOry Scott Subject Signs In Tustin Ranch I am Doug Ward and I have personalty Sold more than 250 homes In Tustin Ranch' I think we should have demand signs with limited hours and Royal Most agents are using the signs for personal promotion and far there own enrichment. Same of mem don't even have an open house and still put up signs all over from the 5 freeway all Me way up to Pioneer for self promotion, it is free advertising In a high traffic areal It just does not look right with signs of all types and colors all over the area all weekend long, it takes like a carnival of signs' Most planned communities have a generic sign because it works and conforms instead of standing out to everybody If a buyer or lookle lou want to go see open houses then may can seek out and focus on the generic sign to lead them around Thate what l think and thank you for readmgl It makes sense' Doug Ward Regency Realmrs 7144832-0600 10/12/2006 Page 1 of 1 Reekstin, Scoff From: Binsack, Elnabetb Sent: Wetlneaday, 0111, 200612;23 PM To: Reekaflry Stoll; Anderson, Clayton Subject FW'. Open House Signs / Issues Efi".6Setff A'. gilNack Cmamumry DawGpmentOirettm ary fTbi )145]3-3031 ---Original Message ----- From: Estrella, Patty On Behalf O1 Countll Sent: Weanesday, Ottober 11, 2035 12:15 PM To: Doug Oavert; Jerry Amame; tnu Bone; Tony Nambehima; Trary Worley Hagen Cc: Sinai Eli abeth Subject: FW: Open House Signs /Issues gannl M n < eckai0l Lcvx.1nt tnw it cn:]ac l-aIDl@cnx nett 9en�. Tneeha'yr nstotcl le, -10O 9:11 PM Te Iun oil Subject: Open Hmue 313ns 'specs ed the &ltede - t leg rale n hw _ Yoa wcl ccmc b ccn[a_[ ne by ra�i1 rynn havr any gn s.t ios. fFsnl.,. Yn sr to aazch nes. dr -p 10/12/2006 Pape 1 of 2 Reekslin, Scott From: Jennifer Palmquist gpalmqulst4igcox.netl Sent: Tuesday, October 10, 20W 9'.51 AM To: Reekstin, Scott Subject: FW Naw Tustin Sign Code Scotl, Another person in favor of our suggestions_... Jennifer Fairmont 8 Rosemary Kral First Team Real Estate 714-505-9363 From: Jay Lceb [mai]to:jaybeb@coir.net] Sent: Monday, October 09, 2005 9:37 PM To: Jennifer Palmquist' Subjects RE: Mew Tustin Sign Diane Hi Jennifer. I am in award your suggestions below. I am so sick of seeing everyone's signs from 6'.30 in the eming to 7'00 ons at night for their personal promotion. Ifs nauseating- Also, I definitely agree that there ds to be a limit to the number of signs placed on the comers and entering into a neighborhood . 1 think one Is rough on a corner even if you have more than one open house. It Is ridiculous when one agent has 3 or 4slgns on a corner. Please forward my response to Scott. Again, l am in favor of your suggestions below of a 12 31, and l signs ly oppose generic signs We paid a lot of money to promote ourselves and our brands (ie First Team — blue and yellow, Prurchase— light blue B the rock, etc J. We are different individuals with different companies, and we have a right to promote ourselves and our companies just the way city council members do. Thank you Julie Loch Prudential California Really 714-404-3895 wwwaludeahproupatel ----- Call Message ----- From: Jennifer Palmqust [mujidej almquist4@cox.net] Sant: Monday, October 09, 2006 5:48 PM To: Jennifer Palmquist Subject: FW: New Tustin Sign Code Dear fellow Tustin 8 Tustin Ranch Realtors. As some of you may know many reasons met at the city community center this mommg to discuss the aloes ancestors regartling changing the su ireme signage mite for Tustin and Tustin Ranch Theyhave asked that we provide our suggestions her sgnage regulations. Theywill behaving their neat public meeting on October 23rd and November 20th We have forwaNetl our suggestions below to thealy planner If you are In agreement please forward this onto Scott Reekslin at sr ekstinaattegirmeorg with yoursuppot Or U you have your own suggestions please feel free to speak your voice before the cbangesaremade. This is burners to add our input The city is considering generic amm and no signage at all allaval on the major streets. I don't believe we would want this. Thanks for your help. Also feel free to forward this on to as many reaXONOKce managers that you know to gain support Thank you, 10/122006 Page'_ of 2 Tel Pali & Rosemary Kral For Team Real Estate 714 505-9383 From: 3ennfter Palmquist [mailto:jpalmquisM@msmill Sent: Monday, October 09, 20M 5:10 PM That sreeksitimbusbnca.Om Subject: New Tusdn Sign Code Sol Thank you for Inviting us to the meeting today at the community center to discuss options to reduce the sign clutter In Tustin?usffn Ranch We feel that the following suggestions would be Widely accepted by the matonty Of realtors. 11 Most open houses are from 124 or1-5 on Saturday and Sunday Rei the signage hours to 11 —6 on Saturdays and Sundays. Braker preview is on Wednesdays from 10 -130. On Wednesday restrict Ne sign hours tram 9-3. The days and braes need t0 be specified orypu will have best holding open houses at all hours and everyday of the wreak just to get their signs up more frequently as a way to circumvent the new code. For example if you just specify signs are allowed up 1 hour before and 1 hour after an open house, then you will have realtors holding open houses early In the morning and at vacant homes just to get their signs up. 2) There should be a limit as to the number of signs used per open house. It is not necessary to duffer Me streets with signs directing people all through Out the city open house should be allowed We signs on the nearest major cross street to the open house (one per comer), Wo outside a tractlneighborhood entrance and inside each tract to be determined by Me association. For example the major crass Streets being Jamboree, Tustin Ranch Rd, Pioneer, Irvine BNtl, Bryan, Newport, Walnut, Browning, Red HIIk El Camino, POnola,eh You should also not be allowed to place two signs On one comer NO signage t0 be allowed on the metlians and parkways. 3) We feel that there should not be any requnements as to the distance between signs or distance from a comer. This is very time consuming for code enforcement to police and is too difficult for realtors to judge if they have placed them the correct distance apart or from Mecorner If the umber of signs is reduced and the Ideations are reduced this distance requirement should not be necessary. Limiting Me time days, N of stints and locafion of signs will greatly reduce the existing duffer we are experiencing. This will be a much needed tmprovenmi the current case We are not in favor of generic signage. Mall have Invested thousands of dollars in signsmaddidon we are not to favor of metal all signs form major Mourugh fares. Consumers need to be tlireded from the major sheets by at least one sign. It woWd be very difficult to flame pans Of Tustin for Consumers to locate an open house if we Could not have any signs on major streets. We will the rotwarding this email a, many realtors throughout Me community for Meir feedback and support We look forward t0 your upcoming meetings on October 23rd and November 20th. Thank you, Jennifer Palmquist & Rosemary Kral Fred Team Real Estate 714505-8383 10/12/3006 Page 1 of 1 Reekstin, Scott From: Bob OBrien docamesengcox.net] Sent: Monday, October 09, 20061062 PM To: Fireman Scott Subject: Tustin R.E. Sign suggestions Dear Scot, I want to reply W Jennifefs suggestion on Tustin R.E. Signs. I agree with her comments, especally not wanting Geneve Signs I have attached her comments. We feel that the folbwing suggestions would be widely accepted by the majority of realtors. i) Most open houses are from 124 or 1-5 on Saturday and Sunday Restrict the sgnaga hours to 11 6 on Saturdays and Sundays. Broker preview is on Wednesdays from 10-130 On Wednesday restrict the sign hours hOm 9-3. The days and times need t0 be specified or you will have me" holding open houses at all hours and everyday of the week Wt W get their signs up more frequently as away t0 cimumvent the new code. For example If you just specify signs are allowed up 1 hour before and 1 hour after an open house, then you will have mature Indian open houses early in the marring and at vacant homes just to get their signs up. 2) There should be a limit as to the number of signs used per Open house. It is not necessary To dinner the streets with signs directing People all through out the city Each open house should be allowed two signs on the nearest major crass sheet to the open house (one per comes, two outside a t000m ighMTood entrance and Inside each tract to be determined by the association. For example the major was streets being Jamboree, Tustin Fares Rd, Pioneer, hams Blvd, Bryan, Newport, Walnut Browning, Rod HIII, EI Camino, Fort etc_. You should also noted allowed W place bra signs on one winner No signage to be allowed on the medians and parkways. 3) We feel that there should not be any requirements as to the distance between signs or distance forma comer . This Is very time consuming for code enforcement to police and Is Wo difficult Or reabors W judge if they have placed them the correct distance apart or from the comer. If ho number of signs Is reduced and the locations are reduced this distance requirement should not be necessary Limiting the tjme, days, is of signs and location of signs will greatly reduce the existing closer we are experiencing. This will be a much named Improvement To the current code We are not in favor of generic signage We all have invested thousands of dollars In signslnaddifronweare not in favor of restncdng all signs from major thorough fares Consumers need W tor directed from the major streets by at least one sign. It would be very difficult in some Pads of Tustin far consumers to locate an open house if we could not have any signs on major streets. Bob O Bob 0 Brien Realtorb, Graduate Real Estate Institute (GRI) Metro Realty Gell ]16-504-0230 E -Mail: bobobrien@cox net WEB Site. www.BobRealEsta[e.com 10A2200fi Page 1 of 1 Re ll stin, Scott From: Jennifer Palmquist ppalmquiseri cox nary Sent: Monday, October 09, 2906 5'.10 PM To: Reekstin. Scott Subject: New Tustin Sign Code Scott, Thank you for inviting us M the meeting today at the community center to discuss options to reduce the sign cluftenn Turan?ustin Ranch We feel that the kllowing suggestions would be widely accepted by the majority of realtors. 1) Most open houses are from 124 or 1 -5 on Saturday and Sunday. Restrict the signage hours to 11-6 on Saturdays and Sundays. Broker preview is on Wednesdays from l0-1'.30. On Wednesday restrict Ne sign hours from 9-3. The days and times need to be specified or you will have realtors holding open houses at all hours and everyday of the week just to get their signs up more frequently as away to circumvent the new code For example if you just specify signs are allowed up 1 hour Cerore and 1 hour after an open house, Nen you will have realtors holding open houses early in me morning and at vacant homes lust to get their signs up 2) There should be a limit as to the number of signs used per open house It is not necessary M clutler the streets with signs directing people all through out the clry. Each open house should be allowed two signs on Ne nearest major cross street to the open house (one per comer) two outside a traNneghborhood entrance and melds each tract to be determined by the association For example the major cross streets being Jamboree, Tustin Ranch Rd, Pioneer, Irvine Blvd, Bryan, Newport Walnut Browning, Red RIII. EI Camino, Periold etxd. You should also not be allowed to place two signs on one comer. No signage to he allowed on Ne medians and parkways. 3) We feel that there should not be any Surrender as M the distance between signs or distance Noma Whiner . This is wartime consuming for code enforcement to police and is too difficult fpr realtors to judge if they have placed them tire coned distance apart or" in the comer If the number of signs is reduced and the locations are reduced this distance requirement should not be necessary. Limiting the time, tlays, p of signs and location of signs will greatly reduce the existing clutter we are experiencing. This will be a much needed Improvement to the currentcode. We are not in favor of chronic signage. We all have invested thousands of dollars in signs. In addition we are not In favor of restricting all signs from major thorough fares. Consumers need to be directed from the major streets by at couldone not It would be very difficult in some pads of Tustin far consumers to locate an open house if we coir y signs on major streets. We will be Preparing this email to many realtors throughout Ne community for (heir feedback and support We look forward to your upcoming meetings on October 23rd and November 20th. Thank you, Jennifer Palmquist & Rosemary Kral First Team Real Estate 714-505-9383 LO/IJJy006 October 9, 2006 Dear Scott, At you suggestion, I am puffing in writing our thoughts, suggestion and concerns about the sign ordinance arul its implementations. Suggestions: l as though you need more of them) I Request by hours and days 2. One sign with any one agent's time per corner, mthu than balfa dozen with the same name. Concerns: Only one: Since Tustin borders the county area called" orth Tustin' There may be open signs leading from the Tustin city limas rota this area. We hope this would still be acceptable. $NCerely, g� ��r�G✓.LUJ' M2its North Hills Realty 'aaf c,s a_ -AO . .l_ CHRIIIES 1m1 neaemea�th w=ee. nia�, r, ..'_>>vn WID " 210 Saltarelli Realty, Inc MA CENTURY 13751Petl NIII /amen eea� afar Tum,, Calffomia 92700 eaa�na,s V14) 7w 1300 F.d v14) 31-7940 . www.c9Mow21 v,llarnlliocm (libber 9, 2006 Scott Reekstin, Senior Planner City of Tustin 910 Centennial Way Tustin. CA 92780 Dean Scott, Thank you for the opportunity to express our opinions on the real estate sign issue. l believe that if the city set time limits for Wednesdays and Sahudays and Sundays and limited each company to one sign per comer it would take care of the problem . Realtor Open house is 10 to 1 pm on Wednesdays, and open houses are usually, fiom 12 an, 5 on the weekends. If sellers found out unit we could not hold good open houses because of City restrictions it would cause a great political problem for the council. The idea of standardized signs would be so easily as to put many people out of business or speed thousands of dollms for new signs and be very counter-productive. What people do not want to we is a lot of signs out over night without being picked up immediately order the open house. Not being able to hold open houses would bring hundreds of complaints &on sellers who are desperate m sell their homes. Please get rid hand held signs for businesses as they are a major distraction for driven and just do reasonable time limitations for open houses. Also a map showing where they are permitted would be helpful. Also I do not believe that easements where the city maintains the landscaping are properly considered "Public Property. SincFsehy, Donald J. Sanarelli Broker Each once Is rnpepewsmaj, OwnM uie ooe/atM (/CILDWELL BANKER PREVIEWS Octoberlt,2.006 City ofTusim Cumnwtty Development Depwanent W Centerizl Way Tustin,C4 920$0 Sohject, Proposed Sim Code 9mendroent-Opm H.nrse Sigrrs P son Imposing that we: 1. The agentwho is holdng me Opm Hmose can use unty mea own name signs. That way if an agent hw eight listings and they sre all being held open in a day, you don't have zone one agents sus out everywhere. Tks way only qualified agents inst®d of Tide People who we dung than w Fevors to get the agent to use herr title company, will stop. 2 That you can put up w many sign m ger the begest drew of people hntn a lazger am: I have had clients ask me how many signs that I put out, as they kit lazy agents would only put out a few and not get them w many potential buyers. 3. The wariest that you Can Put out ini is SiM am. In the moral it can he 90 degees at 1100 p.m said by the me you get A of your stgns wt, you're ail hot and reaty..4s to the time to take them down, some agents have clients come in their Open Houses sand want to see pmparies spite the Open House h Ershed at 4:00- 5:00 :00.5:00 p.m., so tFey would need some time to get than down after showing the chain¢ other homes. I. Only one st4 he used at the Intimates instead of two on ams side of the entrance. s. 1 mink narkers in ed and green at the comers would help agenn discern where I'll hr nhe t() Ile. .-,,,t swan int a LJn b.LwtIII IF) nuF,,ulJ mime.mt tt. ea.h ol5m and take us 1.n asl Irdlvl 'Fuld rti[;' eo make nota mat wi grr t nghc away. pretty muchmy andget ie tight and I Fall ret e e fwrte rystbrow our migrs away. Inst ane mem somewhere mvhere matwe two just and retrieve tbea4 w they are very atprnstve, and I mink it u verywwteful to ryst destroy out Paeonal Sony" . Thank you for your cynsylemcm in his very important matter. Regards, It Ian Mane Welk„t+ldmed Banker Tustin,]14/16 4042 ATTACHMENT Resolution No. 4043 RESOLUTION NO. 4043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 06-005 TO AMEND CHAPTER 4 "SIGN REGULATIONS" OF ARTICLE 9 OF THE TUSTIN CITY CODE. The Planning Commission of the City of Tustin does hereby resolve as follows'. I. The Planning Commission finds and determines: A. That on October 21, 1991, the City Council comprehensively amended the City's sign regulations. B. That the City's sign regulations maintain and enhance the quality of the City's appearance by avoiding sign clutter, promoting uniformity, and limiting off premises signs in order to control sign proliferation. C. That the City's sign regulations aim to ensure that all signs are inherently safe and do not pose a hazard to pedestrian or vehicular traffic. D. That the number of signs pasted on public property has increased in recent years, causing significant blight. E. That the primary purpose of signs is to identify and provide directions to businesses and events rather than to serve as a form of advertisement F That Code Amendment 06 D05 has been prepared to modify the regulation of temporary signs in the public right of way. In addition, patens of the Sign Code are proposed to be reorganized to improve its readability. G. That on October 23, 2006, and November 13, 2006, public hearings were duly noticed, called, and held on Code Amendment 06005 by the Planning Commission, and on October 23, 2006, the Planning Commission recommended that the City Council approve Code Amendment 06-005. H. That this ordinance is not subject to the California Environmental Quality Act FCEQi pursuant to Title 14, California Code of Regulations, 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 153]8) because k has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 4043 Page 2 I. That the proposed amendment is reasonably necessary to protect the health, safety, and weHare of the citizens of the City of Tustin. II, The Planning Commission hereby recommends that the City Council approve the ordinance adopting Code Amendment 06-005, attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 13th day of November, 2006. BRETTFLOYD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4043 was duly passed and adopted at the regular meeting of the Tustin Planning Commission, held on the 13th day of November, 2006. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT Draft Ordinance No. 1321 ORDINANCE NO. 1321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING AND ADDING CHAPTER 4 "SIGN REGULATIONS" TO THE TUSTIN CITY CODE The City Council of the City of Tustin hereby ordains as follows: SECTION 1. The Council of the City of Tustin finds: A. The City of Tustin ("City") has a substantial interest in protecting the aesthetic appearance of the community by avoiding visual clutter and in assuring safe and convenient traffic and pedestrian circulation on City streets. B. The City's sign regulations ensure that signs are compatible in design, type and color with their surroundings and the community as a whole. C. Each zoning district is unique; therefore, its important to that the number and size of signs allowed within each district are appropriate based on the character of the uses within each district. D. The City limits signs on public property in order to (i) control sign proliferation, (ii) protect aesthetics, (iii) promote an orderly appearance (iv) prevent potential traffic hazards, safety hazards and nuisances, (v) and maintain the visibility and effectiveness of on -premises signs. E. Each sign user must have an opportunity for effective identification while at the same time limiting the number and area of signs permitted on a site F Certain temporary directional and information signs, including garage sale signs, lost and found signs, and open house signs, provide an important public convenience to the citizens of Tustin, Garage sale signs and lost and found signs provide Tustin residents with an affordable medium to reach other residents. Open house directional signs also provide residents an additional medium for attracting interested buyers in the highly competitive real estate market. Strategically placed directional signs in the public parkway area also provide the most direct mute to the desired destination therby reducing traffic conFlicts, reducing the amount of vehicle miles traveled, and reducing overall vehicle pollutant emissions. Unlike businesses and other commercial uses, garage sales and homes for sale are also typically located off mi arterial streets and can be more difficult to locate. Without temporary directional and information signs, vehicles might otherwise travel in a more circuitous route to a desired destination. G. The strict limitations placed on the posting of signs in this Ordinance will ensure that (i) the City's interests in the aesthetic appearance of the community and convenient traffic and pedestrian circulation are protected, and (ii) nuisances and safety hazards am avoided. Ordwaree 1321 Page 2 SECTION 2. Chapter 4 Is hereby repealed and added in its entirety to the Tustin City Code to read as follows: "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 pedesMan safety and community aesthetics. 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 Gad" 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 allached or fixed to the ground or to a permanent structure used as a stationary advertising devise and usually supported by two upright Sign faces. "Aggregate Area" is the combined permitted Sign sizes of all Signs on any one (1) Parcel, Site, builtling, 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 ommancs 1321 Page 3 to, Signs which swing, Mid, 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. "Arcatle Sign" means a Sign projecting beneath or an 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. "Awning" is 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 paints 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 allowetl; see section 9412. Ordinance 1321 Page 4 "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 instillation or organization, the names of the individuals connected with it, and general announcements of events or activities occuning at the institution or similar massages. "Business Identification Sign" is a Sign which serves to identify only the name, address, and lawful use of the Premises upon which A 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 he 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 or more buildings sharing common facilities such as off-street parking, access or landscaping. In each case, a center will consist of two 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 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 Jeffers or figures, illuminated or nonilluminated, affixed to a building or Freestanding Sign structure. "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 coMmction, 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 Ordnance 1321 Page 5 "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 ngid 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 wining 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. "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 mad. '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. Ortllnence 1321 Page fi "Human Sign" means a Sign that is held or wom by a person. "Identification Sign" means a Sign whose copy is limited to the name and address of a building, institution, or person andlor 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 obstruction 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 defindon shall include internally and externally lighted Signs and refleclorized, 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 Sureness" means a single commercial enterprise which is physically separate from and does not relate to any other commercial business, and is not a pad of a shopping Center. "Install" means to build, paint, Erect, hang or in any manner affix or modify in any way. "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 Atter the basic copy, design, or structure of the Sign. OMinance 1321 Page 7 "Mansard" means a sloped roof or roof -like facade designed to give the appearance of a PoII 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 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 Sign containing a message advocating, criticizing or otherwise relating to the political views, opinions, and contentions on labor disputes or similar controversies. (3) A Public Event Sign "Nonconforming Sign " means a Sign erected legally which does not comply with the most current adopted Sign restrictions and regulations. "Oficial Flag" means flags of the Unite! States of America, the State of California, City or other governmental agency. Ordinance 1321 Page B "Off -premises Sign" means a 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 comnvance 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 parson 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 Riot' means: 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. 115DO, at sm.): 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, at seq.); or Ordinance 1321 Page 9 4. Two 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/lnformation Sign" means an On-Premises Sign giving directions, instructions, or facility information such as parking locations, exists, 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 tree-standing Sign supported by a structural members} with air space between the grade level and the bottom of the Sign face. 'Political Sign" means any Sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a public election or referendum or pertaining to the advocating by Persons, groups or parties of political views or policies. "Portable Sign" means any Sign capable of being carded 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 Directional/Information Sign or Political 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. mdmance 1321 Page 10 "Public Event Banner Sign" means a Temporary Sign 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. "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 Righbf-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 rant. "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. '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 mof, 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 packing 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 Ordinance 1321 Page 11 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 theme or sbucmral trim forming an integral pad of the display such as a sign cabinet In the case of a Double-faced Sign, the area shall be computed as only one of the Sign surfaces; see section 9412. "Sign Copy" means any wards, letters, numbers, figures, de Portable Portable s 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 professional office Centers and industrial parks with two or more occupants. A Sign program may also be applicable for a single business proposing two 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 identifed by the assessors 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 acoessways, driveways, parking and landscaping. "Special Event" is an irregular and unique commercial, civic, patriotic, religious, cultural, community, or political event taking place on a specific date or dates "Special evenP' does not include routine commercial promotions, such as regular promotions of a national franchise... "Snipe Sign" means a Temporary Sign or poster which is posted, stuck, tacked or affixed to the ground, a tree, post, fence, utility pole, or other surface. ominznrx 1321 Page 12 '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 root); 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 at 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. 'Temporary Directionallinformation Sign" means a small off-site, staked, Temporary Sign identifying something incidental, including lost or found Persons, items, or pets or directing pedestrian and vehicular traffic to garage sales or homes for sale which are open and available for inspection. "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 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 waft 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. Ordinance 1321 Page 13 "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 Areal 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. 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 perk 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 peril is required. ordinance 1321 Page 14 2. A separate permit shall be required for each Sign or group of Signs in one 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 porous 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 he 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. 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, condifionally approved, or denied withinthe time limits established by state law for action on development projects by the Community Development Director, unless such approval authomy 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 mot save or mounted on poles. Ordinance 1321 Page 15 (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 ro 100 square feet may be allowed on a building elevation of at least 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 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. (a) Every Banner Sign shall display a City issued permit identRying 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 pernitted 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, g 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, inducting 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, Lagos, or corporate sponsors may not exceed one-fourth of the Aggregate Area of signage. (i) Banner Signs are Exempt from the requirement to provide a refundable cash bond. 0) Public Event Banner Signs. Public Event Banner Signs may be located within the Public Right -of -Way subject to the following restrictions and criteria: (1) All Public Event Banner Signs posted on the structures approved by the City shall be posted for a maximum of fourteen (14) days ONlnance 1321 Page 16 and shall be removed no later than seventy-two (72) hours after the event has occurred. (2) All Public Event 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 (3) No Banner Sign shall exceed thirty-five (35) feet in horizontal length, with a maximum Sign Height or vertical dimension of four (4)feet. (4) All Banner Signs shall contain copy on both sides with only white background and all copy colors shall be limited to a choice of two (2) colors. (5) For purposes of administering the permit process, and for the City maintenance crew to Install and remove the displays, a fee adopted by resolution of the City Council shall be charged. (6) All applicants shall provide a certificate of general liability insurance in the amount adopted by resolution of the City Council naming the City of Tustin as an additional insured. (7) Any Banner Sign for events with corporate sponsorship must limit the size of the corporate Logo space to no more than twenty-five (25) percent of the total Banner Sign size. 2. Decorative Flags. Decorative Flags shall meet the fallowing criteria and any deviation from these criteria shall be approved by the Planning Commission, as provided for in section W4c4 (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 mot save. (b) No Decorative Flag may exceed six (6) square feel in area with a maximum pale height of twelve (12) feel. (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 mare than five (5) Decorative Flags per Site for purposes other than grand openings shall be pennifted for thirty (30) days and not more than four (4) times in any calendar year nor more than twice in any calendar quarter. Ordinance 1321 Page P (e) Decorative Flags are permitted for non-residential projects and only for residential projects in conjunction with temporary Project Identification Signs. 3. 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 subjectto the approval of the Community Development Department. 4. Festoons. Festoons may be pernifted in conjunction with a Special Event, subject to Planning Commission approval pursuant to section 9404c3. 5. 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 91 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 If 2) inches in diameter. (b) Maximum number --Thirty (30) Balloons. (c) Maximum Height—Fifteen(15) feet above grade. (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. Ordinance 1921 Page 10 (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. 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 off cer 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) feel, 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 Fag pole shall meet the setback requirements and shall not exceed the allowable Height of the zoning district or fifty (60) 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 continuous perwd 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. z Permanent Plaques, comeretones, 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. Okinance 1321 Page 19 8. Incidental Signs mounted, painted, attached to, or placed upon Windows and intended to be viewed from the exledor, 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 aArea 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 par 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 mare 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 Nue hundred (200) lineal feat 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 mom 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 distract 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. % A Permanent DirectionaHnformation 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 Ordinance 1321 Page 20 on or next to the building, maximum size of four (4) square feet and not to exceed one (1) per store entrance. 11. Temporary Directionalllnfonnation Sign may be located in any district, subject to the following criteria: (a) The Signs shall not exceed three (3) square feet in size and four (4) feet in Height. (b) Signs may be located in the Public Parkway Area, subject to the Visual Clearance Area requirements. A minimum of 114 of a mile of street frontage shall be provided on any one street between Garage Sale Signs or Signs identifying or decribing a lost and/or found person, item, or pet. (c) Signs are not permRled to be attached to any traffic control device, tree, street light or utility pole or placed so as to impede public sidewalks. (d) Signs shall not be posted between the hours of 6:00 p.m. and 9:00 a.m. (e) Signs shall only be posted between 200 feet and 500 feet of a street intersection. (f) A maximum of two (2) Temporary DirectionaVlnfoimation Signs shall be posted in the vicinity of any one public street corner. The number of Temporary DirectionaVlMormation Signs posted at any one street intersection shall not exceed eight (8), regardless of the number of incidental activities. (g) The name, address, and phone number of the Responsible Party shall be provided on the back of the Sign. (h) The Responsible Party for Signs snorted in the Public Parkway Area shall be liable to the City of Tustin, private properly Owners and the general public for any injury to Persons or property resulting from the placement and Maintenance of the Sign. (i) Open House Signs in the Public Parkway Area shall be subject to the following additional criteria: (1) Signs posted along public streets shall only include a directional arrow and the text "open house' in white on a green background. (2) Along public streets, a maximum of three (3) Signs shall be posted per open house. Ordinance 1321 Page 21 (3) The Sign shall provide directions to a house that is available and open for inspection in Tustin only. 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) inimum 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 9403edi 13. Noncommercial Signs subject to the following criteria: (a) No person shall affix a Sign on any traffic signal, utility pole, traffic control device, or tree. (b) Written pennission of the property Owner is required for Signs placed on private property. (c) 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 Sign shall be included on the Sign. (e) Noncommercial Signs in the Public Parkway Area are subject to the following stational orders: (1) No more than three (3) Noncommercial Signs shall be permitted in he Public Parkway Area abutting any one (1) Parcel of property. (2) Signs shall be limited to a maximum of six (6) square feet in size and four (4) feet in height above grade. ONMance 1321 Pace 22 (3) Signs 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) Signs shall not the located in any Visual Clearance Area. (5) Any person, party or group posting such Signs shall be liable to the City of Tustin, private property Owners and the generel public for any injury to Persons or property resulting from the placement and Maintenance of the Sign. (6) All Political Signs pertaining to a particular election shall be removed within seven (7) calendar days after the date of the election. (7) Any Political Sign posted In the Public Parkway Area that is directly adjacent to a single family residence shall require the written approval of the Owner of the single family residence. (8) If the Community Development Director finds that any Political Sign has been posted or is being maintainetl in violation of the provisions of this section, the Responsible Parry shall be given notice to remove said Signs) 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 parson so notified fails to correct the violation or remove the Sign(s), the Community Development Director may cause said Sgn(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 Political Sign that remains posted for more than fourteen (14) calendar days after the election to which it pertains 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) Signs in the Public Parkway Area in violation of this section shall be subject to removal by City in accordance with section 9405el (b) of this Code. (11) Any person who intentionally defaces, obliterates, tears down, or destroys a Political Sign installed in accordance with the oramance 1331 Page 23 provisions of this Code shall be subject to being charged with an infraction pursuant to section 11212 of this Code. 14. Human Signs shall be permitted an private property and in Public Parkway Areas and sidewalks, subject to the following provisions: (a) Human Signs shall he prohibited within 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, Mid, swing or grate. 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 flndings 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 predicable; 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 an 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. Ordini 1321 Page 20 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 Ste boundaries can be prepared on an 8 ill" x 11" 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. T 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. S. 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 cedifletl testing laboratory. g. 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. Ordiinanca 1321 Page 25 h. Master Sign Plans A Master Sign Plan is required for developments in specific plan, planned development and planned community districts, muni -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). Purposed Signs and the materials, size, color, lettering, Location and arrangement thereof shall conform to the following crhena: (a) Signs shall he consistent throughout the Ste by incorporating common design elements such as quality of materials, letter style, colors (not mare than three (3) excluding black and while 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. Ordnance 1321 Page 26 (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. (a) Signs shall be appropriately visible, legible, as far as spacing and proportion of Where 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 mei: (t) Said Location is rot 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. Ordinance 1321 Page 2] (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 9403i 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 pennit requests in conformance with the approved Master Sign Plan. (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 Ordinance 1321 Page 29 architectural guidelines in those areas. The specific criteria may be more or less restrictive than the regulations included in this chapter. 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 distinct 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. 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 seal 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 Rightof-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 cartain 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. Ordinance 1321 Page 29 (4) Displays shall not contain advertising for tobacco or alcohol products. (c) Aerial Signs, unless approved pursuant to section 9401 of this chapter. (d) Animated Signs. (e) Audible Signs. (f) Beacons. Unless approved pursuant to sections 94034 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 940395, and not in conformance with section 9403912. 0) Obscene or unlawful Signs. (k) Off -Premises Signs, except Temporary Directionalllnformation Signs, Human Signs, and Noncommercial Signs. (1) On -Premises Advertising Display. (m) Painted Signs. (n) Portable Signs (o) Projecting Signs. (p) Roof Top Signs. (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 N✓enry-five (25) percent of the total allowable Sign Area is also prohibil (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 Ordinance 1021 Page all 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. (s) Snipe Signs. (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. 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 pale, traffic Sign post, traffic signal or any other official traffic control device, in accordance with Section 21455 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. (c) Signs on Any Public Property, Public Right -of -Way, and Public Parkway Area Signs on any public property, within Public Rightof-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 Directional/Information 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 Righbof-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) feel from side property lines or fifty (50) feet Ordinance 1321 Page 31 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 ofSigns 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 9401 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 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 OMInance 1321 Page 32 findings required by the Tustin Ctty 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 gemlitted businesses that are located directly adjacent to the freeway right-of-way, or separated from the right-of-way by a Heritage mad may request a Freeway Sign. (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-Foal 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 motonsl. 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. fi. 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 pennitled only after the Planning Commission has reviewed and approved the Sign pennit application for conformance with the review criteria outlined in section 94034: 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. Neonlexposed 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 Ordinance 1321 Page 33 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 94034 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 FlagyBanner 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 mat 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 tom, 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 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. Ordinance 1321 Page 34 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. L 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 chain 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 detective 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, mod or other comparable durable weathemmof material. No material more combustible than treated woad 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 pennided 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 illuminatetl from finished grade, or another indirect lighting source. Letters and Logos may be internally IR but Sign background shall be Ordinance 1321 Page 35 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 Righbof- 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 (3D) 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)., 3. Hazardous Signs. If a sign is damaged or not properly maintained to a degree that causes it to Was 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 Commuinity 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 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 stared for 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 30 -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 signs) 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 certifed United States mail, return receipt requested, as well as by frst class United States mail.cosls of removal and storage (up to 30 days) may be billed to the Responsible Party. 01 1321 Page 3e 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. It. 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 wide. In making this determination, the Director shall consider (but not be limited lo) 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. Nonconforming Signs A legally established, Nonconforming Sign lawfully in existence prior to the adoption date of this ordinance may remain and be maintained, but shall be made to conform to all provisions of this chapter if the Director determines that any of the fallowing events occur. 1. A Nonconforming Sign shall not be changed to another Nonconforming Sign. 2. A Nonconforming Sign shall not be structurally Altered so as to extend its useful life. A Sign shall be considered to tre 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 Nonconforming Sign shall not be expanded or Altered so as to change the size, shape, position, Location or method of illumination of the Sign. Orsini 1321 Page 37 4. A Nonconforming Sign shall not be re-established 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 0405d. All other previsions of the enforcement section 9405e shall apply. 5. A Nonconforming Sign shall not be re-established after damage or destruction of more than fifty (50) percent of its Replacement Value, including destruction by an Act of God. 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, or Sign Copy on such Signs shall be removed and/or covered over, within ninety (90) days after the associated enterprise or occupant has vacated the Premises. A Sign is considered abandoned if the occupants are no longer conducting business for a period of ninety (90) days. e. Enforcement, Legal Procedures. and Penalties Enforcement, legal procedures and penalties 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. Notice and Removal. (a) Notice of violation. Where it is determinetl 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 Ordinance 1321 Page W City may recover its costs through the cost recovery mechanism identifed in this section. (c) Removal without Notice — Nominal Value Signs. NolwBhstanding any other provision herein to the cormary, nominal value Signs in the Public Right -of -Way, Public Parkway Area, or easements, excepting Political Signs, if posted in clear disregard of the previsions 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 Me hundred dollars ($200.00) may be determined by the Director of Community Development to have nominal value. 2. Nuisance. Notwithstanding any other prevision 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 Cq may concurrently utilize all available criminal and legal penalties available to it including infraction and misdemeanor citation previsions 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. A noticed public hearing before the City Council shall be scheduled and said notice shall be served on the Responsible Party. At the hearing an itemized report showing all costs shall be presented to the Council. The City Council may make revisions, corrections, or modifications to the report. The report, together with the charges, shall be continued or rejected. The total costs of abatement including all administrative costs shall constitute a special assessment against the Sign Owner and/or property Owner. 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 heading 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 "inane 1321 Page 39 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 personrequesting 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 refened to as the "appellant"). (d) If no appeal is fled, 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 (1) Permit Application. An appeal of a decision relative to a Sign application may be made to the Planning Commission. Such appeal shall be fled in writing, including the appeal fee, to the Community Development Department, within ten (10) days after mailing of notification to the applicant of the Community Development Directors application determination. The appeal fee shall be established by a resolution of the city council. (2) Written Determinations. To appeal a determination of the Community Development Director, the appellant shall file a written request for an appeal along with appeal fees with the Community Development Department, within ten (10) days after the mailing of the notice of determination. The Planning Commission shall be empowered to make decisions on the determination. Any determination initially made by the Planning Commission may be appealed to the City Council. (3) Hearings. A final decision rendered by a hearing officer may be appealed to the City Council. To appeal a hearing officers decision, the appellant shall file a written request for an appeal along with appeal fees with the Community Development Department, within ten (10) days afterthe mailing of the notice of decision. (4) The Planning Commission or City Council, as applicable, shall set the matter for consideration within thirty (30) days of the Community Development Department's receipt of appellant's written request for an appeal and the full payment of the appeal fee, and shall give written notice to the appellant of the time and date set for consideration of the appeal. The Commission or City Council, as the final decision making body, may affirm, reject, or modify a previous decision or determination. Ordinance 1321 Page 4p g. Compliance with Stale and Federal Regulations Nothing contained in this chapter shall be construed as peonifting 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. 94061 CHARTS The chads 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 9412 GRAPHICS The graphics on the following pages illustrate various types of Signs, Building Frontage and Sign Area calculations. 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. --- )\ ° !�-�-- �� ) 0u §! !z � \ \ REV 11-91 §� \ t-- § ! q! Wilt N REV 11-91 9W «- ` - - \ j) /! ) � !, - -` : .. ,�,, ƒ)Jj\(ƒ! 6 §����: §)[�, . §� \ \� \ {)(,,, { > )` i! ;> .! ; !,!! � \ \ � � �)(, : ; � t ! ƒ Wt • ,Q Am,mme.bd§i )) ; ) §|2 || }!! !!! ]; - | ' !r [! ;!| � ) \ � § | \ § . ]! qq !4 ) u(. ]!/ . (, !|�. ) | � §z i| I �` ! IMVI 1191 _ AE ), § §! 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Pmjcn Identifi�don Sign O 09 . 62 MPXIMUM HEIGHT - a� s^q S'Cdvhm; M0.YIMUM Yr sI �T HEIGH Monument Sign r M lmuM pmy HEIGHT Projec6ing Sio 6u ainBLne 2nler Nang M lmuM siegr., HEIGHT noan� j,,n, MiimumCane Sn Reurinimu in Smiau 9403 � W, TUSTIN CITY CODE SIGN REGULATIONS 9412[Gphal 9412 r yWS of Signs wasipr (aamel Isom) Facade FY C mppw Willow Sign Roof Sign Windwv Sip Plaque Q Pmje.rinL sign J' See RennOiruR in iuolirxvr 940 3.9411 r TUSTIN CITY CODE SIGN REGULATIONS 94121Gphsl 9°12 Types of Signs —� Wall sign (iZabinet) (Dnnnpy &gn GDP), C nap AwningSign / MansaN .•ow A.c a<sisn 1 Seel 0"cli lin Sxiium 9103 9411 Rev: 792 TUSTM CITY CODE WON MGD n()Ng 9912[Gpha[ M2 Sign Area Measurements DeLnhlano[StgnA memummena by Sign rya: Width x Height - Sign Ma wmmm spa H dgngular Signa Canister WW or Fiv"MrMing Signs as, sndam HF]OXr Xn611! I I — 1 Wmm I I A hmstlaws+gaa Channel utters Olh<r Shapes r *L --f Z___ l—WiolN-1 LSin_Copyl jI HEIGM WIDTH �1--.F�� L I WIDT1 I HEIGM �__---�/ J_ Sx Fennnimrin Sttlbru 90039111 PEV:>-92 TUSTIN C= CODE SIGN REGULATIONS 9412iGpl,sl 9412 T Building Frontage Calculations T HEIGHIA E1aIBA S[02 BHEIGKB WIarH A WImH B --- Store - H69ht Ax WAthA StoreB - Height Bx Wider Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas Sisal Lta-J I-ta-1 X25, _I "D,wmy Sd,mlk sums m Remote aar Sre Remi<110M in Sxewnr940 Wit REV 7.12 1. Ordinance 1321 Page 41 SECTION 2. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the Codified Ordinances of the County of Orange, or other relevant Orange County non -codified Ordinances, as the same were adopted by reference by City Ordinance. SECTION 3. 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 podion 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 for the City of Tustin on this _ day of November, 2006. DOUG DWERT, Mayor PAMELA STOKER. Ciry Clerk STATE OF CALIFORNIA ) COUNTYOFORANGE )ss. CITY OF TUSTIN ) ORDINANCE NO. 1321 PAMELA STOKER, 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. 1321 was duly and regularly Introduced and read at the regular meeting of the City Council held on the 20th day of Novembe , 2006, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 4°_' day of December, 2006, by the following vote: COUNCILPERSONS AYES' COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT'. PAMELA STOKER, City Clerk