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HomeMy WebLinkAbout03 CA 06-005 (SIGN REGULATIONS) ITEM #3 DATE: NOVEMBER 27, 2006 Inter-comiS; TO; PL.ANNING COMMISSION FROM; SUBJECT; COMMUNITY DEVELOPMENT DEPARTMENT CODE AMENDMENT 06-005 (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 Article 9 of the Tustin CrtyCode. BACKGROUND At the Planning Commission meeting on November 13, 2006, the Planning Commission continued this item so that Draft Ordinance No. 1321 could be revised based on input received from the Planning Commission. The revised ordinance is allached for the Planning Commission's consideration. The following changes were made to Draft Ordinance No. 1321: . Grammatical changes, clerical corrections, and minor clarifications were made throughoutthedocumenl. . A provision was added for situations where intersections are less than 400 feet apart. (Because it would not be possible to place open house signs more than 200 feet from an intersection in those cases). . A maximum size for responsible party information on open house signs was included. . The requirement for generic green and while open house signs was revised to apply only to streets identified in the Arterial Highway Plan of the Tustin General Plan. . The maximum number of open house signs on public streets was increased from three (3) signs per open house to eight (8) signs per open house. . Along public streets, a specific maximum of one sign per open house per change of direction was added. . The provision regarding the posting of political signs pertaining to an election no more than 30 days prim to the election was added. Planning Commission Report Code Amendmenl 06-005 November27,2006 Page 2 . The number of days for abandonment of political signs was changed from fourteen (14) calendar days after an election to eight (8) calendar days after an election. . The charts in Sections 9406-9411 were corrected and updated. At the November 13. 2006, meeling, the Planning Commission requested staff to provide a picture of a generic sign and to estimate the code enforcement costs associated with the enforcement of illegal open house signs. Pictures of sample generic signs and the cost estimate are attached to this staff report (see Attachments E and F). .Jwx: j?,,~d:~" Scott Reekstin SeniorPianner &;''/dt:M;.. ~.J. Elizabeth A. Blnsack Community Development Director Attachments: A. Planning Commission Staff Report dated November 13, 2006 B. Resolution No. 4043 C. Draft Ordinance No. 1321 D. correspondence received after November 13, 2006 E. Pictures of generic signs F. Code Enforcement Cost Estimate S,,,,,,",,,C~EPOFmCAOIHlD'ls;,ncod.IGonti",,,,,,,,,,2.""" ATTACHMENT A Planning Commission Staff Report Dated November 13, 2006 ITEM #2 Inter-Com ",'{Yo "...... ""'!ll"'j" - ..' ., .,~ A-. . I " ,,";1<", V"S't" DATE: NOVEMBER 13, 2006 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 06..()05 (SIGN REGULATIONS) RECOMMENDATION That the Planning Commission adopt Resolution No. 4043 recommending thai the City Council adopt Code Amendment No. 06-005 to amend Chapter 4 "Sign Regulations' of Article 9 of the Tustin City Code_ 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 1993and 1995. One of the objectives of the City's sign regulations is to maintain and enhance the quality of the City's appearance_ This objective is achieved by avoiding sign clutter, promoting uniformity, and limiting off premises signs in orderto 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 vehiClJlar traffic. Furthermore, 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 10 review the City's sign regulations pertaining to signs in the public right of way. The signs of greatest concern at Ihis time are human signs, off-premises real estate open house signs, and politicai 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 right 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 Ihe 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 met with Planning Commission Raport CAOO.OO5 Paga2 groups of reattors 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. C~ 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. Plannina Commission WorkshoDs 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 wor1c.shops: 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 otway. 8. Time dedicated to sign enforcement. 9. Sign clutter. 10. Distraction to motorists. Meetina 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 Counc!! 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 Report CA06-005 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 City's existing sign regulations, or 3) Adopt the changes proposed in draft Ordinance No. 1321. Draft Ordinance No. 1321 - Prooosed Amendments to Sion Reoulations 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. Less substantive changes include regulations that have been relocated in Chapter 4; some additional, deleted, relocated, or amended definitions; 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 Sians . Prohibit between 6:00 p.m. and g:OO a.m. . Allows between 200 feet and 500 feet of a street intersection. . Prohibit more than eight open house signs in the vicinity of anyone street intersection and no more than two open house signs per comer. . 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 Sians . Allow political signs within the publiC parkway no more than 30 days prior to the election and no more than seven days after the 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 Commission Report CAOS-005 Page 4 HumanSians . 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 to pedes1rians. Findings in support of the adoption of Ordinance No. 1321 are included within the Ordinance. ENVIRONMENTAL ANAL. YBIS The proposed code amendment is not subject to the California Environmental Quality Act ("CEQA") 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 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. CITY ATTORNEY REVIEW The City Attomey has reviewed the content and tonn of Code Amendment 06-005, ~e~1t Senior Planner a",!.U;Af<:..~j EiizabethA. Binsack Community Development Director Attachments: A. Sign Survey B. Correspondence from real estate professionals C. Resolution No. 4043 D. Draft Ordinance No. 1321 E. PowerPoint Presentation (available on November 13, 2006) S:\CddlPCREP0RT\2008\CA O$.Oa5 (Sign Codel.doe ATTACHMENT B 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 ali signs are inherently safe and do not pose a hazard to pedestrian or vehicular traffic. D. That the number of signs posted 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--005 has been prepared to modify the reguiation of temporary signs in the public right of way. In addition, portions of the Sign Code are proposed to be reorganized to improve its readability. G. That on October 23, 2006, November 13, 2006, and November 27, 2006, public hearings were duly noticed, called, and held on Code Amendment 06- 005 by the Planning Commission, and on November 27, 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 ("CEQA") 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 environmentj and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resuiting 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 welfare 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 27th day of November, 2006. BRETT FLOYD ChaIrperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) !, ELIZABETH A. BINSACK, the undersigned, hereby certify that \ 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 27th day of November, 2006. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT C 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, it's important4e that the number and size of signs allowed within each district are appropriate based on the character of the uses within each distrlcl. D. The City limits signs on public property in order to (i) control sign proHferation, (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 route 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 major 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 convenientti"affic and pedestrian circulation are protected; and (ii) nuisances and safety hazards are avoided. Ordinance 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 signmcant influence upon the community's visual and economic environment. The regulation of signs is considered necessary 10 promote and protect the public health, safety and welfare through consideration of traffic and pedestrian 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 tille 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 God" 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 mayor may not include copy. "A-frame Sign" means a Sign generally not securely attached 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 anyone (1) Parcel, Site, building, structure or other Premises, excluding Temporary Signs, Noncommercial Signs, Special Event Signs, public information signs and lrafficsigns. "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 Ordin3nce1321 Page3 to, Signs which swing, twirl, revolve, move back and forth or up and down; or Signs which can change color or shades of color; or any other method or device which suggests movement, but not including Flags 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. "Arcade Sign" means a Sign projecting beneath or on the underside of any structural overhang or passageway and perpendicular to the front buiiding Facade; see section 9412. "Attached Sign" is any Sign permanently affixed to a building or affixed to the external surface ofa building (including Wall Signs). "Audible Sign" is any Sign that contains loudspeakers or emits sounds. "Automobile Service Business" is a business whose prirnary purpose is gasoline sales, ancillary uses may include auto repair, tire sales and auto supply sales. "Awning" is Lroof-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 abuilding; 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 publiciy 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 (i) 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 points 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 allowed; 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 institution or organization, the names of the individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages. "Business Identification Sign" is a Sign which serves to identify only the name, address, and lawful use of the Premises upon which it 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 be 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 letters 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 contruction, street address, emergency phone number and name of person to cohtact; 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 f1ags~ Ordinance 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 rigid 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 wiring 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, smail Fiags, 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 road. "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. Ordinance 1321 PageS "Human Sign" means a Sign that is held or worn by a person. "Identification Sign" means a Sign whose copy is limited to the name and address of a building, institution, or person and/or 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 costruction 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 definition shall include internally and externally lighted Signs and reflectorized, 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 Buisness" means a single commercial enterprise which is physically separate from and does not relate to any other commercial business, and Is not a part ofa shopping Center. "Instail" means to build, paint, Erect, hang or in any manner affix or modify in any way. "Light Buib 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 iocation 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 Alter the basic copy, design, or structure of the Sign. Ordinanc" 1321 Pag" 7 "Mansard" means a sloped roof or roof"like facade designed to give the appearance ofa full 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 iabor 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. "Official Flag" means flags of the United States of America, the State of California, City or other governmental agency. Ordinance 1321 Page8 "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 contrivance 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 orPremises". "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 person recorded as such on officiai 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 equip ment;see section 9412. "Parcel"or"lof'means: 1. A parcel of real property which is shown as a singie lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act (California Business and Professions Code, Sec. 11500, etseq.); 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, et 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/Information Sign" means an On-Premises Sign giving directions, instructions, or facility information such as parking locations, exits, 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 free-standing Sign supported by a structurai member(s) 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 carried or readily moved from one location to another, including but not limited to an A-Frame Sign, "sandwich sign", a Sign on wheels or a Sign which leans against a stationary object, building or structure. Portable sign does not include a Temporary Directionalflnformation Sign~-eF Political Sign. or human sian, "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. Ordinance 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 Right-of-Way line is the same as the property line; see section 9412. "Reai 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 rent. "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 roof, or placed so as to extend above the visible roonine. "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 parking 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 Qrdinance1321 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 inciude official notices issued by a court or public body or officer, or directional waming 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 frame or structural trim forming an integral part of lhe 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 words, letters, numbers, figures, 80 PaFlablo Port::Jbls s desians. 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 ofa Sign. "Srce" means one (1) or more Parcels of land identified by the assessor's records. The site shall include all Pareeis of land contained within, or a part of an integrated building development. An integrated building development shall include all Parcels served by common accessways, driveways, parking and landscaping. "Special Event" is an irreguiar and unique commercial, civic, patriotic, religious, cultural, community, or political event taking place on a specific date or dates. "Special evenf' 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. Ordinance 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 roof); 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 detennining 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 of 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 Directional/information 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 or lease which are open and available for inspection. "Temporary Sign" means any Sign constructed of paper, cloth, canvass or other similar iightweight material, with or without frames, including painted Windows, Flags, streamers, Pennants, Banner Signs and other Signs not designed to be attached to a buiiding 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 residenUal subdivision or development. Such sIgns shall be limited to subdivisIons containing a minimum often (10) units orten (10) lots and a minimum total project size of one (1) acre. "Tube lights" are small decorative lights of a pennanent nature. light bulbs are usually one-half watt 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 embeliishments. "Visual Clearance Area" 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 sectiong412. 'Wall Sign" means a Sign allached 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 wail: 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 wrth 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 tolal 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 othelWise provided specifically in this title, no Sign shall hereafter be erected, re-erected, constructed or altered until a sign permit for such has been issued by the person or body having final authority to do so, or until a conditional use lDermit or planned Sign program with respect to such a Sign has been granted by the Planning Commission in instances in which a conditional use permit 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 permits 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 be 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, conditionally approved, or denied within the time limits established by state law for action on development projects by the Community Development Director, unless such approval authority 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 Departrnent 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 roof eave or mounted on poles. Ordinance 1321 PagelS (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 to 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 wail-mounted Banner Sign, one (1) pole-mounted Banner Sign per property street frontage is permitted. (e) Every Banner Sign shall display a City issued permit identifying 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 permitted for no more than thirty (3D) 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, if 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, including 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, Logos, 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. OJ 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 Ordinanoe1321 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, w1th 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 corporale sponsorship must limit the size of the corporale Logo space to no more than twenty-five (25) percent of the total Banner Sign size. 2. Decorative Flags. Decorative Flags shall meet the following crileria and any deviation from these criteria shall be approved by the Planning Commission, as provided for in section 9404c4 (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 wail surface but in no case above the roof eave. (b) No Decorative Flag may exceed six (6l square feet in area with a maximum pole height of twelve (12) feet. (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 more than five (5) Decorative Flags per Site for purposes other than grand openings shall'be permitted 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 17 (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 subject to the approval of the Community Development Department. 4. Festoons. Festoons may be permitted 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 940404. 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 (12) 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 anarch. (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. Ordinanc:e132l PagelS (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 beiow and contained in sections 9406 through 9411. Although the following Signs do not require a Sign permrt, they may require a building andforelectrical 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 officer 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) feet, whichever is less. 3. Flags identifying the name and/or Logo of the business upon the Premises. Such Flags shali 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 fifly (50) 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 period 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. 7. Permanent Plaques, cornerstones, 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 materiai ofa permanent nature. Ordinance 1321 Page 19 8. Incidental Signs mounted, painted, attached to, or placed upon Windows and intended to be viewed from the exterior, unless prohibited in an approved Master Sign Pian, 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 lhe following criteria: (a) In residential zones, not more than one (1) Sign per 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 more 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 two hundred (200) lineal feet or more of street frontage, not more than one (1) Sign per street frootage, with a maximum of twenty-four (24) square feet in size and eight (8) feet in Height. (d) In industrial districts, not more 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 district 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. 10. A Permanent Directional/Information 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 Directional/lnfonnation Sign may be located in any district, subject to the foliowing 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 1/4 of a mile of street frontage shall be provided on anyone street between Garage Sale Signs or Signs identifying or decribing a lost and/or found person, item, or pet. (c) Signs are not permitted to be attached to any traffic control device, tree, street light or utility pole or placed so as to impede public sidewalks. (d) aigRs slo1all R9ts9139steei se~\'89ntho houru of6:00 p,m. oAd 9:00 a,.j:fu Sions shall not be posted between the hours of 7:00 p.m. and 9:00 a.m. (e) Signs shall only be posted between 200 feet and 500 feet of a street intersection. except when two adiacent intersections are less than 400 feet apart in which case SiQns mav be posted within 200 feet of the streetintersections.c (f) A maximum of two (2) Temporary Directional/Information Signs shall be posted in the vicinity of anyone public street corner. The number of Temporary Directional/Information Signs posted at anyone 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. This information shall occupv a space no larqer than 36 SqUare inches. (h) The Responsible Party for Signs erected in the Public Parkway Area shall be liable to the City of Tustin, private property Owners and the general pubiic 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 streets identified in the Arterial Hiqhwav Plan of the Tustin General Plan Ill,Jl;Ilis streets shall only include a directional arrow and the text "open house" in white and eR-a green colorsloKlckgFOblm:l. Ord;nance1321 Page21 (2) Along public streets, a maximum of eiQht ~ @J} Signs shall be posted per open house. (3) Alonq public streets. a maximum of one 111 Siqn shall be posted per open house oer chanQe of direction. (fJ) 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 buibs. (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 wflhin 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 9403e5. 13. Noncommercial Signs.except Public Event Banner Sians. subject to the followingcrfleria: (a) No person shall affix a Sign on any traffic signal, utility pole, traffic control device, or tree. (b) Written permission of the property Owner is required for Signs placed on private property. (c) Signs on private property shall be limfled 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. Ordinance 1321 Pagen (e) Noncommercial Signs in the Public Parkway Area are subject to the following additional criteria: (1) No more than three (3) Noncommercial Signs shall be permitted in the Public Parkway Area abutting anyone (1) Parcel of property. (2) Signs shali be limited to a maximum of $ix (6) square feet in size and four (4) feet in height above grade. (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 be located in any Visual Clearance Area. (5) Any person, party or group posting such Signs shall be liable to the CFty of Tustin, private property Owners and the general public. for any injury to Persons or property resulting from the placement and Maintenance of the Sign. (6) All Political Signs pertaining to a particular election shall not be erected more than thirty (30l davs orior to the election to which the sian pertains and 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 maintained in violation of the provisions of this section, the Responsible Party shall be given notice to remove said Sign(s) within twenty-four (24) hours from the time of said notice. The notice shall include a brief statement of the reasons for requiring removal. If the person so notified fails to correct the violation or remove the Sign(s), the Community Development Director may cause said Sign(s) to be removed without further notice. If the Responsible Party for the Sign cannot in good faith be located within a reasonable time, the Sign shall be deemed abandoned. (9) Any Political Sign that remains posted for more than eiaht 'FeLlr:l:e8R @'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 Ordinance 1321 Page 23 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 9405e1(b) of this Code. (11) Any person who intentionally defaces, obliterates, tears down, or destroys a Political Sign installed in accordance with the 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 on private property and in Public Parkway Areas and sidewalks, subject to the following provisions: (a) Human Signs shali be 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, twirl, swing or girate. 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 findings 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 practicable; 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; Ordinance 1321 Page 24 3. There are special circumstances unique to the property to justify the exception; 4. Granting of the exception will not have a negative impact on surrounding properties; 5. The Sign application promotes the public heatth, safety, welfare and aesthetics of the community and that the granting of the exception meets the findings and intent of this chapter. 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 tt is to be sttuated and any pole or Monument Signs within fifty (50) feet of the Stte boundaries can be prepared on an8112"x11"sizepaper. 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. 7. 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 fooling and materials to be used. 8. Means of lightinglillumination along with an electrical permit for all Eiectrical Signs. All electrical components for the Sign shall be listed and approved by certifJed testing laboratory. Ordinance 1321 Page 25 9. 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. h. Master Sign Plans A Master Sign Plan is required for developments in specific plan, planned development and planned community districts, multi-use Sites, multi-tenant Centers and mixed use districts in the City. The purpose of a Master Sign Plan is to encourage coordinated and quaiity 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 Pian: 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 photogra,phs 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 Ordinance 1321 pageW 1. General criteria (applicable to all Signs). Proposed Signs and the materials, size, color, lettering, Location and arrangement thereof shall conform tothefollowingcrileria: (a) Signs shall be consistent throughout the Site by incorporating common design elements such as quality of materials, letter style, colors (not more than three (3) excluding black and white 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. (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. (e) Signs shall be appropriately visible, legible, as far as spacing and proportion of letters 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 andlor architectural theme or design features of the building(s) or required by any special criteria pursuant to section 9403h. (h) Freestanding Signs may be localed in a required yard setback area provided the following criteria are met: (1) Said Location is not within a required Visual Clearance Area as shown on section 9412 exhibits. Ordinance 1321 Page2? (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 oflwenty-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. (i) All Signs shall confonn 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, leller 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 nighllime 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 submilled 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 submilling Sign permit requests in conformance with the approved Master Sign Plan. Ordinance 1321 Page 28 (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 Councii may estabiish more specific design criteria by resolution within certain portions of the City to encourage Signs which are in harmony with established 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 specificaily permitted by the zoning district 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. 1. 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 seat 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 dispiay bus shelter, except in compliance with the foliowing conditions: (1) A franchise agreement or other contractual agreement acceptable to the City Attomey shall be required for all advertising bus shelters proposed within the Public Right-of-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 Ordinance 1321 Page 29 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 certain guidelines to the City Councii on appropriate slandards for advertising and/ordesign. (3) All advertising display bus shelters shall be located based upon ridership demand, as determined by the Orange County Transit Authority and City Engineer. (4) Displays shall not contain advertising for tobacco or alcohol products. (c) Aerial Signs, unless approved pursuant to section 9404c of this chapter. (d) Animated Signs. (e) Audible Signs. (f) Beacons. Unless approved pursuant to sections 9403d 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 9403e5, and not in conformance with section 9403e12. (j) Obscene or uniawful Signs. (k) Off-Premises Signs, except Temporary Directionaillnfor'mation Signs, Human Signs, and Noncommercial Signs. (I) On-Premises Advertising Dispiay. (m) Painted Signs. (n) Portable Signs (0) Projecting Signs. (p) RoofTop Signs. (q) Service, product and pricing Signs. Any Sign advertising specific brand names or pricing unless incorporated into the business name for the Ordinance 1321 Page 30 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 twenty-five (25) percent of the total allowabie Sign Area is also prohibited. (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 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 iines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof. Signs are prohibited on any utility pole, traffic Sign post, traffic signal or any other official traffic control device, in accordance with Section 21465 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-at-Way, and Public Parkway Area. Signs on any public property, within Public Right-of-Way, including the Public Parkway Area, traffic control sign posts, utility poles, and trees are prohibited. No person, except a public officer in performance of public duty, shall affix by any meanS any torm of Sign On any public property or within the public right-of-way. Temporary Ordinance 1321 Page 31 Directional/Information Signs, Noncommercial Signs, and Human Signs shall be permitted within the Public Parkway Area, but only in strict accordance with section g403e. (d) Projecting Signs. Projecting Signs shall not extend over or into a Public Right-of-Way or Public Parkway Area, except for Public Event Banners, subject to approvai by the Community Development Director. (e) Side yard setback area. A Monument Sign shall be set back a minimum of twenty-five (25) feet from side property lines or fifty (50) feet separation from another pole or Monument Sign located on an adjacent Site, whichever is iess 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 of Signs shali 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 9404b(3) 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 singie development project of al 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 speciai 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 Ordinance 1321 Page 32 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 findings required by the Tustin City 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 permitted businesses that are located directly adjacent to the freeway right-of-way, or separated from the right-of"way by a frontage road 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-foot 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 motorist. 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. 6. 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, o. Signs Subjeclto Planning Commission Review The following types of Signs are permitted only after the Planning Commission has reviewed and approved the Sign permit application for conformance with the review criteria outlined in section 9403d: Ordinance 1321 Page 33 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. Neon/exposed 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 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 9403d 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 Flags/Banner 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 that 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 torn, 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. Ordinance 1321 Page 34 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. 3. Pricing Signs shall be incorporated with the service station Business JdentificationSign. 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. f. 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 chart 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 defective 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. Ail 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, wood or other comparable durable weatherproof material.'No material more combustible than treated wood 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 Ordinance 1321 Page 35 permitted 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 ereclor, installation year, and voltage (if electrical) ina 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 illuminated from finished grade, or another indirect lighting source. Letters and Logos may be internally lit but Sign background shall be opaque. Illumination shall be considered excessive and not permitted when it prevents the normal perception of buiidings 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 Right-of- Way, adjacent properties, and traffic circulation areas of the subject property and shall not creale a menace to traffic ora nuisance to adjac ent 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 (30) days of removal of said Sign. 2. The Community Development Department shali have the authority to order the painting, repair, Alteration or removal of a Sign that does not conform to the standards set forth insubseclion (1)., 3. Hazardous Signs. If a sign is damaged or not properly maintained to a degree that causes it to pose 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. Ordinance 1321 Page 36 c. Signs removed in compliance with this section shall be stored 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 3D-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 sign(s) andlor 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 certified United States mail, return receipt requested, as well as by first class United States mail, costs of removal and storage (up to 30 days) may be billed to the Responsible Party. 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 currentiy adopted Unrtorm Building Code, b 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 code, In making this determination, the Director shall consider (but not be limited to) 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 pennitted 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, Nonconfonning Sign lawfully in existence prior to the adoption date of this ordinance may remain and be maintained, but shall be made to Ordinance 1321 Page 37 conform to all provisions of this chapter if the Director determines that any of the following 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 be structurally altered ff 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. 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 9405d. All other provisions 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 with 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. 1. Notice and Removal. (a) Notlce of violation. Where ft is determined 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 Ordinance 1321 Page 38 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 10 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 (3D) 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 City may recover its costs through the cost recovery mechanism identified inthisseclion. (c) Removal without Notice - Nominal Value Signs. Notwithstanding any other provision herein to the contrary, nominal value Signs in the Public Right-of-Way, Public Parkway Area, or easements, excepting Political Signs, if posted in clear disregard of the provisions 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 two hundred dollars ($200.00) may be determined by the Director of Community Development to have nominal value. 2. Nuisance. Notwithstanding any other provision 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, "Properly 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 City may concurrently utilize all available criminal and legal penalties available to it including infraction and misdemeanor citation provisions 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 aU 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 confirmed or rejected. The total costs of abatement including all administrative costs shall constitute a special assessment against the Sign Owner and/or property Owner. Ordinance 1321 Page 39 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 wrth the Community Development Director within ten (10) business days of the date of mailing of the noticelinvoice. 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 hearing 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 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 person requesting 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 referred to as the "appellant"). (d) If no appeal is filed, 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 filed 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 Director's 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 wnh 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. Ordinance 1321 Page 40 (3) Hearings. A final decision rendered by a hearing officer may be appealed to the City Council. To appeal a hearing officer's decision, the appellant shall file a written request for an appeal along with appeal fees with the Community Development Department, within ten (1 0) days after the 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. g. Compiiance with State and Federai Regulations Nothing contained in this chapter shall be construed as permitting Signs which vioiate State or Federal law, or as eliminating the necessity of full compliance with all such laws affecting erection or Maintenance of Signs. h. Severabilfty 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 deciared to be unconstitutional as applied to all facts, all of the remaining provisions of this chapter shall continue to be fully effective. 9406-9411 CHARTS The charts 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. l'USTIN CITY COOg SIGN REGULATIONS ~4061Chtl '" G ~ in o " ~ Z ~ ~ Z o W ~ ~ '" Z " '" ~ ~ ~ W ~ "& ". " ~ , ,. . 0 , h,. :g ~, , , I' :H ". ~ l' ~ .-. 'll oj ,8 -Il ~~ I', i ' , , ., I' j-'., I"l ~ '<--- 'L~ '~ o. .. ~U- ' ~;i j 5;~ ., f'" ...H " . . HiI ~ e:;: ,.~ ~ o 0 H' . -1l :n;l ~ ~ ~ ..~ ~h -." e ~ ,$ It ,e -Il ,.'l ~ S '1' !i> ~ ~ ~ HK "!' . ~-u~ e !j "",-'" i ;:5!'O . 0 . . . ,,---- -------.. --------.. - . ---,----_.._- , o~ , 0 0 II , 0 i ~ '0 ;j a'l! il e,li..'! Iii.. 5 g U'l'!'! e; H8~ ~ g u ~ ~ h~ ~ l! ~-;; ~ ~_ Iloe e-1! r '-:JlUe-!H" In . . II hI hI i~f , " ,g ~~ Ii , I ~, ., . 0 ~i i!l. df ...d! ~J!!-[ . , ~ , . , "' . . & . . -. . . '0 0- < . , , RI!l\',ll.Ql TUSTIN CITY CODE i ~ HI L n z ~ In z ! II "' I~~ a ~g CiS ~~ > ~ :r ~ I'! . 0, ~~ II ~ ! REVeU-9l SIGN REGULATIONS . I H " " B i: ~ . 'I[ , , a . ~ ..; , , ' "i'" 0'. .8 -.0 ~ B . . -;;- :g ht "" 0.0 ~ ~ <>. " . ." "1 , . ""~ .8 -M ~~ l~.! "j di. ~:2 ;!; '!' 'i' !~; ~~t ,U ,.1 . ~ , .. , :r]E ~=~.. .n,,'&. . . ~ -=- '2 ,~ '1 ,. 'i -'it 8_ .- '" ~ ... o A ! H " H l!.1i I" ,,[ aH . . , ., " gUJ.;i. ,!-.' .. ~ li.~ ~ . hf 0," , , , , . '" , !'.>l dl, ,. .~ ! !,. ..~-~ . ,- " ,l. "'.._5 ~"i 'I, 'I' , 0 , . 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" , h " " " ~ .;;; .- H . ~Ht " , O' o. 0 , , t - - , " I " 1 - " ~ 1 lh 'go ~-,; ~L - Ii c H], ~i .i!H >-- - . - 0 - " 0 . . i . .:;; . h ~ " :'Jj -. , , P lilJ. , .- " , .. " ~ .' i I" . , ,~~-~~~ , " ~~ . -' " , . .S; ~ , . H l . -., ~ Ii ~~, ~ i~ Eg-, '0 " ~ -~ ~ ,ll..ll !!J-jj ~ _5 ~ ~ ~ l' " F a n ij.. ,~ &JtE'U .. '~J'! ~;;,~ ~- !~~ , .- . . '" ~ 0 . ., . . . . " . , - Q! ~ , . 0 , " 0 , . . = ,. . ." 0 , " " o ! "' -n ~ , 0<1 'E' ~ . > " , U 0 '5, i :0' ~ ~ Jg 61'" ~,,; , '~ <l ~::! ~ j'- . r ~] ~ 0 ~ ~ , ~.np~ '$", -";; g-", ~ ~ 3 ~ R"" ~ =-~:S g "' 0." ~ ~ ~ - . u ~.o. .,. 2i oS ~-. -".9 ~ a; 6 . ~ . a", e " ~ p .' , . z 'U' -. 0_ ~ ",:l'''' Z "l! . ~~ _ ~::: '$ ~ ~ 1'" "-" ~ E 0 <, I] ~ 51." ~ '~-O'~ ". N , J: &> ~J! 5.:.: ~ ~ ~ " ~ ~..- '. o . Z o. 'L ~:S- ! ,. ~ ~ ~il ~ C ., ;, '0 -'$...:9" w ". .. ~ ~ ~ . ; ;: , ~H~~ 8. 9 ~ .- ., " " .. ~ _ 6 "' ~[? ." -" ~ '" . ~~'iq z ., . - .0. S! ,- ~ 8 ~~ " d." "8 "' ~Hl~ >- ,~ '" " '" , C ,- 0 ~ " , . '0 . ~ '" w " ~ . 0 '. , , ~" , . . ,- I" , -- j g , . . -. . , . . . . , 0" , I' I ,~ 8" 0 . . .. =.s~ . - , " , s8 , C " . L ~~ i es~ E:s '>j S'~<:i ii:M ~q " ',", " '0 . ", $jh , '. ~tr~~ ,. "a~, . ,. , gO .Jl . h , ;1 '--J- ]'~ i ~ . <l.z-g. ~ " . II S ~ ,~B~ L o'i ,",Suu :E'=<'< :h r" 0" ~hl~ lia ~ ~ '. ".. ""0 '''''u " . . . - . ~ ~~ . , , , . c ~ ,. " 0 , ... '" , t; .. , ~ .. DO , " S ," In :s2 .. is ., " h~ ] . z tj,j1 .] " 2i5E'" ~ 8. _~]] 0 ><Gi - "'-""li'" N ~ '" ~ o;:H>~ ~ ~ <t '. Z '- j ,. . c I! w ;: 0 ~ . ~ ." t~ <t ct '" ~d --,g~ ," z -, . ',' :E'=- " . " " '" "0 '~ 1 ". " > ,. , ~ <t ~ ,I 0 , , ~ !~ . " w ~ . '. 0 ~"' . '" . , , . " .] ~~ l ~ i'.s . , ;Eli 0> ,. - . TUSTIN CITY CODE SIGN REGUL\TIONS 9407[Chtj . i3 '" !;; B ;/ ~ Z w Q ill ~ f ~ .~ '5h , , ~if.1O. fIll' ., , .. f d ,.' ~ ~ ~ t I' . n ~_s , I ~t . I -" ~f 1!'l! .- '"I" ,,- f g.::..; , ! :; [~ ~ .~} Jl ~-liB 11 H~ f'llj ~.c ,S ,5 .. al. ;, 'EO' ]1~ ~ ~-5' .- ~ ~ ;; ~-.'l:I <! ~'.'a " , . ~ ~ -~ Ii !lo ". ,. ""1 Oil . - 'I PI p. --=-5'" H H all ~ !!lw H. '. d ~ .. ... - .:; ~J! 8. , . , . , . . . " ! jl , . > ! i " , :!J a- 1_ ~ ~ I' . ,. ! - " .. u . _ =. 'l! u " !hr,;!! i 1!" ~i c c_ll_ ~if HP;~ -::.. ~ ~ ~ lP o B & ;. e c~;II ~ or~ r.ac,~Hl '&m . . f , I ; ~s . , i , if ld lH 8 , . H! '[' , s , " I~f ! , I .g . is ~~ , , 1 . .~ , . Q ~~ , 0 . .~ . , .1 ! ' 1 I ; ~ 5 H 8 " I , I . . a , , -j L . I . " . . .. ,. . < , ~ . i . I REV:Il-91 TUSTIN CITY CODE SIGN REGULATIONS 94IJB/Cht] J ft I ~~ l~ " , ;! " , Ii ~ i l~ 11 ~ I dill In . II i II! I j ....h p~ llu , ,S " ,~ i . il " f , , .~ ~ ~, , I ~fi o! ~~ a 1 . . , ~ , , 'j i , . 0 ~ . J j . i!? L> ~ c $ z w o '" w '" I . s , REv; lJ.lll TUSTIN CITY <cOllE . - SIGN REGljL\fIUNS 9108\Chtl . 00 G ~ in o ~ ~ ~ ~ 8 ~ > '" ~ ~ ~ . :;;: ~ , H ~ Q ~ , > , " ." . .>> I ~,g ~ ~!I .. QO_q ., . , , ;; ~ &~ ,. ~ ~.it ~ ~ 11 , it'- ;;0; ~ ~! .. ~ ~ .. ~ i -. ""' ~ . . '> ~.g ~ ~ .- j ~f;::5'" .0' , ~ f'8 is . . .. ~ ~ ,~ .~ . " ~I ~ !ii. ;:: - ~ ~~ ~ <i . B , ~;; - .>- , '0 ~.ll ~~_ ~~ 11-::.]. 'HH . . . I ';I] ~" '8 ~ ,~. .. " ' . T I;'~ ~ ~ '\1 y ;,Gt ." , > q ; i:j~ ,; . , ~ s ,!J, ~ = s ~ 0- ~ - 8 E ~ . '2,g.J:; '~e ' ~ .. ....:i:!l. Ji 0" ~" . . . . ,"'~ .~. """,,,,8 +_~ n" .; . . ., ------ -- -~..-_.~- ----- . -_.----- , O~ I~ I . > . ---.--- , .' . l' , 0 8. ~ ~ , , ~ PI' H' 8~ ~jj .~ '-j- -"I B ~ ' .!l ~-~... ~ .!l ;'~ [ . .. - - i~~ . . ~. U Lt l,. ,I] ~~,g o . . i~~ , " . . ~h ~~ , , > > .~ ----~ . -- ---- " l , 0, , ,. . , c' i j -'-- ---~--- --------------- ----'" . . ! > . . ., . ~ , 'iI . "'8 , . " "1;- , , . ]: ~- = .- "-585 " U:L'i . < . 1 . i . I i i l , I , . I J o o J 1 . . , , REV: 11_91 'TUSTIN (;i'l'Y U)[J8 SIGN REGUJ.ATION~ S108[Chli . '0 . , o ! G ~ I;; o ~ w " " 8 ,_._~ -~-- ---.. 0 . .,!i ~ ... i i .~ .. 0 .8 , , ,. E e!1.., ~ Bj ~ ~ ~~ ,. . , , . 0 - h ~ti~~ ~ ~ g j il'ij . ~1! ' ; 'l';l'-.. ""~g ""~ ~ ~ . .- h .' ~..:! 10,$'-5 Co>! ~ 5 ~ . -" .' '. - -5 ~ ~ D . _ ~ 0 , ~ :;: U .j q -a~:; ;l'-Ci~ ';l ~ 11 il . - j "' . , " ~"j~"'~;l'-~~,," " ~". . ~~~ ,. ., r-il' '- t il ~ " -- 0_" ,./l E 'g ~ ~ . -5'1! pI P ~=~ ~. "~.o~ 0_".. o Ii. ",' ~-~ ~.~ .:! - . ;>: ~ ~ ~J'.BCiH ~~! .,,":C, " ~ ~ o . , " . . . " _on_ -- . ---- ---- --------- " ,~ ~ , > ;1 ! I ~j L. Jb~ if a~ In hUH Uf II J $1 l 5 ... ~--~.._- i~f ~ Ii' , . I.i $'010 ~ d'~ .g lUi<l ]:' 11 ~'!l ~~ ~!lU ~ !I . I > ! ~ ~! , H . . . . ~ ~. 11 ' - " .. 1 , ~ , ; . . . l . I f . I . I . ~ REV:1l-91 TUSTIN CITY CODE SIGN REGULATIONS 9408\Chl] . f , o ~ o o << 13 ~ Q ~ ~ w ~ ~ o " , , ,. ~'ll~ '!!H a 'j 1'1 ., o ~ ~ .~'" ~ ~q . , ' '''~ . r..~ - -s'li 11"!i~ i ' w' al:7:ij'~ q I ]1l5: 1>6'8 lljh h. :a l5: ~ ~ ~ ]-a H;J:lj .,' "ll ". !~ ]~~~ ~iM' l5:.!......'S !.d' ~'r~! ~8 'W jrd - . ~ -~ 0; m .. g E ~ .- 'll_E~ ~<lI Iii I! ". ilo;; 'f 8..1 '" -'I , .,II,i ' > d: .5.!lf ,. . . . . . . . . , . II , - > i f! ISl g ihi,JI i'~ ~ ~ ~ .lD!! '~ r !ffi~ , . ~B H II Ii !~. ;, , .g Unl ~B II . I . z . , , !~ I J , . cr 1 , . , . , ~ - -'" ~ , 'I" l-H :;",:H. . u 1 . i . ! i 1 , . ! I J . ! l I REV: 11_91 TUSTIN CITY CODE SIGN REGULATIONS 9408[Cbt] 13 ~ 00 " II 1f w '" '" 8 , . '- , , .' ~ :J i: ~:J ~ 'g I " . .p '1'1' IJ, .' lj I ; Ii III g H" II H 'f ;~l~41 a~ Hj~ , ~ -~ 11 ;~ J'q F ~) g'llI~.8~~8 !lr.l Up:l![~ ~ a j" . ~ ih i ililii r..;!l :!! . . . " II , . , ~ - fl. ,g i:-a ~~ g ,Ji Hiij ~m Jill i In " f " J lif it. H'ti' .Ii 'l!l ... ~ 'lI .. l~j~.: ;fH1 .- " j . . 1 > . ~! o. j ~1i1 , " 1 ~ , J . . . if , c ~ c 12. ~ I j I i ! . ~ J f ~ REVcU_91 rUSTlN CITY CODE _SIGN REGULATIONS fl.106IChtl d " i' t" ,- il , , .. Jj~ " '. " ,". , " , $'< " S ..~ "' ., , -- ~ c _~ ,; ,] ~i~ U 'lH ~ '\1. a~ll pi! ,'. iL 1"1 il-' '2 H ~ L ,~ ~ !l[l , . ," ~..dl .. ;; ~ ~ ..._OQ . . , . -- - .-.---------.--- ~ "~ , . ~~ > > -- - ~ Eill.js ~, g H!'i ill ~hlg '::5~ In . H .t . n ! , I ~ li ,. . I~i' , . . '.ll ~l 'lS; '. ~~h: Ii . , I > ! , . . I r '. . . . _0 . ! ~. , . , . , J . ~ , t . 1 . . <;- . , c ~ !l- ID t; ~ " ;;! " iii " " 8 1 I , I ! RJN,U-91 TUSTIN CrTY CODE -, ------ -- ---------------.--.- SlGNREGULATIONS ----------------- :l.101lIChti . i , " . " o Q. 00 ~ " ~ B ;/ 1f w " " 8 ~- ~ ~ ~ ~ H ~ " ~ ~d !!.;" ~,- ~ ~ ~ ~ a ~ ~ -~~~'j 0 ~ "jl ~ i:~ .' ; :J -.'~ c"'.c , ~:6 ~.u g '0 ""j '. " I " . 0 , ! " :g E ~' Hi "-iJ'''] t~ _Ii. ' r'~ 2 ~_9 -, ~ ~ Ol ~ 8 ~" <l ~-" " 0" ~., 0 " ~ ~ a . :Jl.9 ~ _. '" d !_~-il ;! 1l..S~ 'H~ .ll ~ 8 "n "'i '~ h~'8~ 1l";:..: 'i' . . >, ..'~ -" , f g .~li; _1'= ~,.. Jl' o.~~:ll "1 llidJt '0' ~ E ~ >3...,!!" " , , 0 o " . . , . . ----- --------- ---- a I~ , , , > ;j~ ~ l-~ ~ ~ = r::.; ,~ ~ oJ .' 1,;! Hi ~ \1 ~." ~f~iJ~ g.' t .", Jlj ~ lffi~ $ ! . ~B .. II j,[ 11 i -",M i . ~ ! ai ~ l! ; OMS., U . l~~ H . . .~ .. .. "- " ~, , j , , . , . 0 ~. , . , . , I , ~~ , . ';l6'll . ~ .!l ~ . a e-- . ., . ., . , ! , , a " , ~8 0 , , " ~ . ., . 00 l 0 , . I I , I ~ RJW,1l.91 TUSTIN CITY CODE SIGN REGULATlONS 9408[Chtj . <;- . , o E 1l. 00 t; ~ In 5 <! " ~ w " " 8 , . , . " ! j,'ll . . , .. . ~ '~ .K ~'~ , :ij ~ .. &.~iU,,"~ :2s!i ~ , I' ;::.K -~ . , . ll, ~ ~ a-"_ i -', I . . i13:H~~ Ii; , '1' H , iIljh " . . , .. hi H 1,' .- .. ~~' -]1 L ". . - 1] P .' ~.s ~ ~ ~ ;~~ ~3J Ii' ji ~~1~8 - . . ,. ,. ~~HHi ."" o It;; " ~ >l .. . . . . . . . . . . ~ .~ , , , ~~ . liMI'li'1 FL , g j!i ~ ~~r~~ .iHi,!n!! ,., '1.1- ll] i "'i ~ ~' ~ . s 9 hsi in . Ii I . ~,~ , . d o~ . . I~~ 'iii t ~ , >H~ ~"'3C:l . " .. " "- , ~~ hli. 1 'ill! ~ <l ! il=H !f I! , , , I > J ~. . if , ] ~~ . , , . , . } . h~j ~ "j" , Ig",~ 1 . 0' . . .- , " , . I . . , . , , , i 1 . , . . o REV,U-9) TUSTIN CITY CODE SIGN REGULATIONS ~ .!!' :i.; cOO'll ti . ~ ~ ~ ~ B H-H !~j ~ ~ ~ g ; &oS -, - '" '5~~ ~~.. ~:~.f.. ~i[ V~H ~~; ~:~~~~ ~j~ ,., i II . 'C ~ ~ g ~ ~ UI ;U w " 8 u. ~3f ~I ~. i~ H, ;u . ~ ~ IlEV:1l-91 . > H9 !~! ... , I! f~i "llh lf~ [~ ~~ ~ '~i "Jl "_5", . . > 'j", !l ll:,q~ll 'll"'_'liS ~US'H . .Ii $1! . j' ~r ! N ~H~ , I . , , , I I.; "U " , ;! -~ ., " .. 'Eli , , .. -~ 11 n, JU <-. . 9408[Cht] ..---------------- _s(j li_'!!'": !j~ ,; , -,sll H~ 'il, ~ ~-~ ~ . ~ u. ~'f:O~ $lli . , . " , : I ; ~ ~ ~ l. "] .. , 'I' ; . , ~j " ~~ ~ ~~ .li G'!! !<loli ~ Ii i H ~ .. I ~ ~ ~-~ . . I I I I J . I , , . , . o . , j I , ; . . . , TUSTIN CITY ceDE e-WS[Chti SIGN REGl,'LATIONS B '" I;; C W U ~ ~ Z o i!l w ~ if ~ . . .. . , - "'~~'.i ~ ~ . , . , , , ltltp ~-~ -" , e ~ ,- '<ill " ,j , i ," ~ e -;;,~ ~ ~ . !- . , -~ "l ~ . -, ""~ ~ ~ h , . , . ~ ," :;~ '!",j -. ';:'''!j.-S_ll< :5.,~ d ,. -l"', f..'~ - 5i:U~1 J'j ~1 ,- ~~. -" .- ;'l~ jj~'S~.KJ: . . " '0 ,~ ~ j. - . ., II ~ ~ . ,. ~ E -, ~ ~" ~ '",""' ~ ,,," ~ " ~ !l'a -'- .. ~ ~ ~ -.- ,,~ ~"!!,, ~ ,-. .- " ~ ,~ ~ v ~ -,. ~-H ." .0 ~ ~ _.<0'" -5 ~ ,~ ,'~ ...~ .-. f-~- . .'---'-- . . _'0----- ,------ - _n__ _______ , o~ 11 , , , . > , ~ . ; 1 {filii . . , 11.' ,; '-~l .' I ... ~i;l~P =i :j .. a .l!,~ ~ ~l n ;:!1j~~'~ul Hh 8iiHI In . " i . I ..-- II hI m ;. ,I o~.. - I~~ "I IT ~g , ; . , .~ ~!l. !-i!' h II , , , > .~ ---- -----~- ,--- -_.- . , ;1 ' . ~~ . , . 0 -. ; ! " ; " . ---- -- ----.-- ---- ---- ---- 0 0 , , 0 " ~ a -~ ! . , " 1'1 , . , ;" '" , .< < . 0 . 1 I ! I . ! i , 1 , , j , ~ ; . ~ l ! REV,U-91 -1'U8'f1N CITY iXJI)E SIGNREnffi.ATIO:>IS -------------,-----. , ~ u ~ 1l~'; ~ ~.... '- ~ I!.[ t3. 8.;"38 " HB s -~.~ ~]-g""d; ,; c ~. c "0 ~ ~ '3.S <1 ~-;; o~ S ~ '~1i~ .~ au.." -c. .,,~ 'r'. ~:~~Jt .. g,'a-"Q ., C-!j_C g Ii ' 11 ~ ~ j 'I' Sa E ~~ ~ ;:,'lIJ. - -, l I f ~ s_~ ',- JdSl!: ~ ,S g ~ o. ~"'~ ~nH -. a ~',,;l'! 0' H ~e 8~ ~ 'r 9. ~ E; ~ I I . ~ ~.." , . , u -. -.---- ---- "------ , II , 0 , , i hfif ~'i o. ~,~ ~L ., .IHi 'j' ~li; i . ., ;hgl,,~rD hH, ~" B'; ~ ~ ~ Uu, ...-<10.1: Iii! a III ! . I. i l I! . ,ht, ltl .1, .H.!! o. ~ 9 ii;; 5 I~~ j ffiS U . .~ ,. .. II - ~ ~ ! . ~ 0, . - , ~~ , , I , . , ! -- " ; Jl ~ j .. H a '11 . . pi ., . H . ~ L I u " . 1 i . G ~ a w " ~ ~ g "' z o 13 ~ "' ~ REv,Il.9! g~()9rChll . J ! . , I ! , I f . TUSTIN CITY CODE SIGN REGULATIONS 9410(Cht] In G ~ I;; c I ~ c ~ ~ , , . ; ;, ~ . , . , , , . . ,. I , . it . ,~ , i H ! ~ , " '" ". , '" .! I " , " " U '" i! a .. ~,g , " . . 1: 'J ., ., t ,~ <" , ". ~. " . " .. " ; , . ; ., .. , , ^ . ^ . .. 0- , . . , . .. , II . , . , > > ! H ~ .J P , g jjJ II ~ I] H Hill ';l n ~ ~ ." ,,! ~ I-i iJ'a.l!d d In . ~ ~ . I II . . ;, ht Lt I ,. , Hi 01 o!l 0', I I~' ; . " " , , ! .. . ~s 0 , II . , , , , 1 > > ! ~ . , , 0. , I ~ ~ , .0 .. , ~. ! I I u ~ , ~ M , . ; '=,~ ~ !I ! H~ ~ ! . ~ ,~ -~!1I "i , , .' I H ;q ll, ..nf . . , . , 1 . s , IlEV,U-91 TUSTIN CITY CODE SIGN RECULATIONS 941O[Cht] . ~ := '" c ~ ~ !;; '" C " , o. !!t ," .' J " ~.5i,. fj ,I< Hi " - . ,!' - . G",l " " ~~A -- . . ! ~~ $ !~ ~ ", , g "J ; hll ~ui[ In . i If ! 'I . . ~ . , I~~ t" J ;;! l .g tl !ijg "' , j~ ~ ; I .~ ~ ~! , . , '. j ~, . , .. ~ I , ~ . . Q i , ~ . " ~ . J i o , REV, U-9t TUS'flN CITY CODE SIGN REGULATiONS 9.III!Cht! . ~ ~ in B ~ z o ~ ~ ~ '" .. " ~ ~ ~ ~ i ---------------- - -~ - ---. ~ ,~ !~ ~ i'~ ~. II i~f .~ .. . -- ~ ~I i ! . ~ o. , ~a I - 8 . . ] ~ ,!IW ; .IS ~ g ~ ~_Iio . il,;e:= ':; ~ ~ -0 "'ll- ~ - '" ~ ~ ! ~.a b~ . , , I ~ , ! ! . . . l . - , RhV-ll.91 TUSTm CITY CODE "---. SrGN REGULATIONS 94.12[Gphsj "''' 1ypes of Signs SillnA...... Project ldentific:'ltion S'" ''i'Il,'~'" r --~ ..~ :/"~., ......,.4iJi'". "~'-'" "~,gn"'~' .t ..,.....' :i- .' ,b,~;.-t MAXIMUM ~"'~ _ ~'-';:;' HEIGHT ~'~"...;:-><,'?- "" -,. ReJlderin, OplinnoJ Sign^=, -~"b'-"~"'~;" ,-. "'8 ,...f_' ",.~-----" ~,.,.., :.."";-w.......,.\;.'t"., 'l'iCvloClao.llli.:;. UiiiIig.Pt.riiN&rr1 ". .,~.,.- . ,.......,. '~':<'~-1"'f"1f . '-.-.~.'-" MAXIMUM HaGHT Orade 0_ Monument Sign --I MAXIMUM HEIGHT O~" ProjeclingSign ProjccUn~ "p Buikll"tLine r-- CenlclNamc Sip""''' MAXIMUM HEIGHT .> Tenon' Sign ~ Minimum Clearance SuRe.wiclions;.,Secl;ons/)40J.9411 REV,7.!l2 TUSTIN CITY CODE SIGN REGULATIONS 94121GphaJ 9412 'IJpes of Signs Wall Sign (CbannelLeu~rs) ,~'" M.,_ WindowSign RoofSisn WindowSigll rrojeel;ngSign 1'("' s""n'''trictimu'i''!u:f:li'''.,WOJ_WI/ IUW, 7_~2 TUSTIN CITY CODE SIGN REGULATIONS 9412IGph'] "" 'JYpes of Signs Wall Sign (Cabinet) Canopy Sign <~r~':'j ,c,:, ,.~ , Om"", , AWIlingSign v fitflft: '-~-T-0-:t>. '~f~'ttl) ,- -"<)":::'~" -::::;::?:if;f ArClld~Sign '-~,::- ~" " ""'::-', _.'.-. ,.....-_., i,""-'- &e &~ricfions,'n &ctions9403 _ 9411 &SV:7.92 TUSTIN CITY CODE SIGN REGULATIONS ..." Sign Area Measurements Der",ilion of Sign Area Measuremenll by SigA Type:: WidthIHeilbt~SignArea -,- -r /...'.....-,~). .'1:;"'. I,:-,ti~''''''i;::;;~ HEIGHT >';". ~f l't:',~-:.'<t9'i1 l "', -- L WIDTH..J I I RectangularSignlI Cani$lerWaUorFreeslandingSlgn$ ~~ Othe~ Shapes I-- 'MOTH I I I I '-r HEIGHT _l L- WIDTH I -----~-rT --- ._,..., " / '" ','~' HEIGHT " 'J ' , ....... .... ------- - REV,7-92 T """'" J I Window Signs OlaooS_--.., ~-- "'. '.-.'.'.' ;J!,f; __ I I I I I --J.~ I I Attached WaD Signs Channel Lc:tteB :StllIcb-~ ~-~-----~~J Set!RntriCI~;"Sectk"'.r9403.9411 9412[Gphs) , T "- J_ TUSTIN CITY CODE SIGN REGULATIONS 941zrGphs) "''' Building Frontage Calculations T Sto~A Slo<eB I--WlOTHA ---i-- WIDTH B SlOreA = Height A:rWidth A StoreB"'HeightBxWidthB . Guidelines for Determining Sign Location Visual Clearance and Public Safety Areas s,,"", L10'..J 1-10'--! '--". c"rt>u.. D_....,. OlAltoy , ". 1 SOkw:lI~ c::=JMinimnm2ll'wido PoblioS,IelyAtu _Vloual=f1nc:eAroo. <<>RomninCl..r "=, Prop"rtyLi,," See//i:st1U:tionslnSeclimr,,')403_Wll REV,7-92 -, _._~ Ordinance 1321 Page41 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 portion thereof irrespective of the fact that anyone 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 Januarv No\'ombor, 200Ie. DOUG DAVERT, Mayor PAMELA STOKER, City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE ) 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 ~;!(}ndI!l day of JanuarvNovombor, 200Ze, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 154th day of JanuarvDe881'T-l99r, 200Z.e, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: ATTACHMENT D Correspondence received after November 13, 2006 Page 1 of! Reekstin, Scott From: Binsack,Elizabeth Sent: Monday, November20,Z00611'18AM To: Reekstin,Scoll Subjecl: FW: City Sign Code <E6za5et1i)J.. <Bin.racR., Commlmityrvew.fupmentiDinctor Cityof'1'ustin 714-573-3031 ----QrigiI11lIMessage----- From: Jennifer Palmquist [mallto:Jpalmquist4@oox.net] Sent: Friday, November17,20061:11PM To: Bin5ack, Elizabeth Subject: City Sign Code Hi Elizabeth, After putting our heads together a little bit more we think we have come up with a very simple solution 10 reduce the signage clutter In Tustin, This is a solution that I think would make the citizens ofTustin happy as well as the realtors The following would be the way the new code couid read,. Open house signage can only originate at the comer of a major roadway & arterial street closest to the open house. 'The major roadways can be designated by the clly. such as Jamboree. Tus tin Ranch Rd,Browning, Red Hill, 1711\, IrvineBlvd,Bryan, Newport and EICamino, They can be designated by using city traffic counts, A maximum of 2 signs will be allowed at that intersection (major roadway/arterial) and they cannot be on the same comer. Upon leaving the major roadway and traveling down an arterial street Ihe signs must meet the current distanceguidelinesorachangeofdirectionmustoccuL This will eliminate all of the unnecessary signage going up and down the major roadways in Tustin. It will also eliminate multiple signs On one comer, because the realtor can only have sign at the intersection ofa major roadway closest to the open house. not multiple major roadways. For example, this past Wednesday On broker preview day there were 3 realtors that had signs out in Tustin Ranch. If the above roles had been in force, we counted that 12 signs would have been eliminate. This 15 a substantial number of signs and multiply that times the additional realtors that have open houses on a Sunday. We think this is a simple solution and it would accomplish the cities goals as well as meet the realtors needs. Thank you so much, Jennifer Palmquist & Rosemary Kral First Team Real Estate 714-505-9383 1112012006 ATTACHMENT E Pictures of Generic Signs ATTACHMENT F Code Enforcement Cost Estimate Code Enforcement Cost Estimate for Real Estate Signs The estimated total annual enforcement cost inciudes overtime weekend enforcement costs plus regular weekday enforcement costs: Estimated Total Annual Weekend Enforcement Cost (Average hourly overtime salary wlbenefits) X (hours per year) $53.44 per hour X 208 hours = $11,115.52 Estimated Total Annual Weekday Enforcement Cost (Average hourly salary w/benefits) X (hours per year) $35.62 per hour X 520 hours = $18,522.40 Total Annual Enforcement Cost is $11 ,115.52 + $18,522.40 = $29,637.92 The estimated annual cost is approximately the equivalent of Y2 of a full time code enforcement officer.