HomeMy WebLinkAbout05 CA 06-005
ITEM #5
DATE:
MARCH 13, 2007
~
I nter-Com ~~~
TO:
FROM:
SUBJECT:
PLANNING COMMISSION
COMMUNITY DEVELOPMENT DEPARTMENT
CODE AMENDMENT 06-005 (SIGN REGULATIONS)
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4056 recommending that the City
Council adopt Code Amendment No. 06-005 to amend Chapter 4 "Sign Regulations" of
Article 9 of the Tustin City Code.
BACKGROUND
On November 13, 2006, the Planning Commission held its first public hearing on Code
Amendment 06-005. The public hearing was continued to November 27, 2006, so that
Draft Ordinance No. 1321 could be revised based on input received from the Planning
Commission.
On November 27, 2006, the Planning Commission adopted 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 City Code.
On January 2, 2007, the City Council held a public hearing on Code Amendment 06-
005, continued the consideration of Code Amendment 06-005, and deferred draft
Ordinance No. 1321 to the Planning Commission for further study and amendments.
During the public hearing, representatives of the Tustin Chamber of Commerce and the
Pacific West Realtors Association requested and were granted a continuance so that
various issues could be further addressed. Subsequently, City staff met separately with
individuals from both organizations and has revised the proposed ordinance in response
to the concerns raised and direction from the City Council.
The revised ordinance is attached for the Planning Commission's consideration. The
following changes were made to Draft Ordinance No. 1321:
. The definition of "responsible party" was clarified to specifically define the
responsible party for open house signs.
. The allowable distance from intersections at which open house signs could be
placed was changed to allow signs between 25 and 300 feet of an intersection.
Planning Commission Report
Code Amendment 06-005
March 13, 2007
Page 2
. The limitations of two (2) and eight (8) temporary directional/informational signs
per corner and intersection, respectively, were eliminated.
. The maximum area for responsible party information on the back of the sign was
reduced to ten (10) square inches.
. The requirement for generic open house signs was revised to apply to all public
streets. The generic signs may be any color(s), may contain a directional arrow,
and may feature the address of the open house in letters between two (2) and
four (4) inches in height.
. The maximum of eight (8) signs (per open house) on public streets was
eliminated.
. The limitation on providing directions to open houses in Tustin only was
expanded to include open houses in the entire Tustin Sphere of Influence (Tustin
and a portion of unincorporated Orange County).
. The allowable time period for the posting of political signs in the public right-of-
way was changed to no more than 45 days prior to the election and no more than
five (5) calendar days after the election.
. The number of days for abandonment of political signs was changed from eight
(8) calendar days after an election to six (6) calendar days after an election.
. The charts in Sections 9406-9411 were updated.
Regarding enforcement issues related to temporary signs, staff has drafted an
administrative citation ordinance that will be brought forward to the Planning
Commission and City Council under separate cover. The proposed ordinance would
facilitate the process of assessing penalties against violators of the Tustin City Code,
including the City's Sign Code.
If Ordinance No. 1321 is adopted by the City Council, staff will send copies of the
adopted ordinance and the attached exhibit to the Pacific West Association of Realtors,
the Tustin Chamber of Commerce, and all real estate professionals who hold Tustin
business licenses and those who are on the City's mailing list. Staff will request that the
Chamber make copies of the ordinance available to their membership, particularly to
those in the real estate industry and those most interested in the City's sign regulations.
Jc'~~
Scott Reekstin
Senior Planner
a~;tL4J;i;:u~~
Elizabeth A. Binsack -
Community Development Director
Attachments:
A. City Council Staff Report dated January 2, 2007
B. Resolution No. 4056
C. Draft Ordinance No. 1321
D. Correspondence received after November 27, 2006
E. Exhibit for real estate open house signs
S:\Cdd\PCREPORT\CA 06-005 (Sign Code) 2007.doc
ATTACHMENT A
City Council Staff Report dated January 2, 2007
Agenda Item 1
AGENDA REPORT
Reviewed:
City Manager
Finance Director
~
N/A
MEETING DATE: JANUARY 2,2007
TO: WilLIAM HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 06-005 - ORDINANCE NO. 1321
SUMMARY
Code Amendment 06-005 consists of proposed amendments to the City's Sign Code.
Most of the proposed amendments pertain to signs in the public right of way, including real
estate open house signs, political signs, and human signs. less significant changes
include: a revised definitions section, a revised hearings and appeals section, larger
permitted banner signs for some freeway-facing buildings; and the addition of a permitted
sign type - temporary signs for nonprofit organizations. Code Amendment 06-005 was
considered by the Planning Commission on November 13, 2006, and was continued to
November 27, 2006, at which time the Planning Commission adopted 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 City Code.
Applicant City of Tustin
RECOMMENDATION:
That the City Council conduct a public hearing; introduce, and have the first reading of
Ordinance No. 1321 approving Code Amendment 06-005; and, set for second reading at
the Council's next scheduled meeting.
FISCAL IMPACT:
Code Amendment 06-005 is a City-initiated project. It is anticipated that the adoption of
Ordinance No. 1321 may result in a cost savings to the City due to a reduction in code
enforcement staff time needed to enforce signs in the public right of way.
ENVIRONMENTAL:
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)
City Council Report
Code Amendment 06-005
Page 2 of 5
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
BACKGROUND AND DISCUSSION
Chapter 4 of Article 9 of the Tustin City Code contains the City's sign regulations.
These regulations were adopted in 1991 as part of a comprehensive sign code
amendment. Subsequent amendments addressing specific subject areas were adopted
in 1993 and 1995.
One of the objectives of the City's sign regulations is to maintain and enhance the
quality of the City's appearance. This objective is achieved by avoiding sign clutter,
promoting uniformity, and limiting off premises signs in order to control sign proliferation.
The Sign Code also aims to ensure that all signs are inherently safe and do not pose a
hazard to pedestrian or vehicular 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 to review the City's sign regulations pertaining to signs
in the public right of way. The signs of greatest concern at this time are human signs, off-
premises real estate open house signs, and political signs.
The City's current Sign Code prohibits human signs, but allows off-premises real estate
open house and political signs to be placed in the public 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 the existing Sign Code because
real estate and political signs are not prohibited nor effectively limited in number.
During the past two years City staff has removed thousands of real estate and political
signs that did not comply with the City's sign regulations. In addition, City staff met with
groups of realtors on April, 28, 2004, and May 09, 2005, to discuss the existing Sign
Code and to encourage compliance. The City's education and enforcement efforts have
brought most real estate signs into substantial compliance with the Sign Code, but there
are a number of main thoroughfares in the City that are frequently lined with dozens of
real estate signs posted in the right of way.
City staff has contacted the staff in a number of cities in Orange County and has found
that most cities prohibit signs in the public right of way. These cities also generally limit
the number of signs allowed per street frontage on private property. The survey results
are shown in Attachment A.
City Council Report
Code Amendment 06-005
Page 3 of 5
Planninq Commission Workshops
On August 28, 2006, and September 11, 2006, the Planning Commission conducted
workshops, discussed issues related to signs in the public right of way, and provided staff
with general direction to tighten the sign regulations and definitions and to reduce the need
for interpretation of the sign regulations.
The following major issues pertaining to signs in the public right of way were identified
and discussed at the Planning Commission workshops:
1. Proliferation of signs in the public right of way.
2. Length of time open house signs remain posted.
3. The use of open house signs for advertising purposes.
4. Competition among real estate agents.
5. Frustration with interpretation of sign regulations.
6. Unclear definition of open house.
7. Reliance on signs in the public right of way.
8. Time dedicated to sign enforcement.
9. Sign clutter.
10. Distraction to motorists.
Meetinq with Real Estate Professionals
On October 9, 2006, the Community Development Department hosted an informational
meeting with approximately 60 real estate professionals. The purpose of the meeting
was to discuss the City's existing sign regulations for open house signs, the issues
associated with the existing sign regulations, and ways to address these issues through
changes to the existing regulations. Many of those in attendance asked questions of
staff and offered suggestions. Staff requested that suggestions for changes to the
City's sign regulations be put in writing and provided to City staff prior to, or at, the
Planning Commission and City Council public hearings on the matter. Included in
Attachment B is the written correspondence on this issue received by staff as of
December 22, 2006.
Draft Ordinance No. 1321 - Proposed Amendments to Siqn Requlations
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. The proposed ordinance would allow real estate
open house signs, political signs, and human signs in the public right of way provided that
they comply with certain regulations. The proposed regulations for real estate open house
signs would effectively limit the number of such signs while still providing for an adequate
number of locations at which to provide directions to open houses. The regulations for
political signs would not change the allowable locations, but would reduce the number of
days that they could be posted from 90 days to 30 days prior to an election. Currently
City Council Report
Code Amendment 06-005
Page 4 of 5
prohibited under the existing Sign Code, human signs of up to three (3) square feet would
be allowed more than 200 feet from street intersections so that individuals would still have
the opportunity to exercise their freedom of speech (which includes 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; larger permitted banner signs for some freeway-facing buildings;
and the addition of a permitted sign type - temporary signs for nonprofit organizations.
The increase in the permitted banner size was proposed in response to a request by the
Tustin Chamber of Commerce that there be more flexibility in the Sign Code with respect
to banners on larger buildings.
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.
Code Amendment 06-005 was scheduled for a public hearing before the Planning
Commission on October 23, 2006, which was continued to the November 13, 2006
meeting of the Planning Commission. The public hearing was held on November 13,
2006, and was continued to November 27, 2006, so that Draft Ordinance No. 1321
could be revised based on input received from the Planning Commission. Staff
identified three distinct alternatives for consideration 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.
On November 27, 2006, the Pianning Commission selected the third option and
adopted 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 City Code.
The most significant proposed amendments can be summarized as follows:
Real Estate Open House Siqns
. Prohibit between 7:00 p.m. and 9:00 a.m.
. Allow open house signs 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 corner.
. Require open house signs on any streets identified in the Arterial Highway Plan
of the Tustin General Plan to be generic and on public streets prohibit more than
eight open house signs per open house.
. Along public streets, allow a maximum of one sign per open house per change of
direction.
City Council Report
Code Amendment 06-005
Page 5 of 5
. Allow a maximum size of 36 square inches for responsible party information on
open house signs.
. Prohibit open house signs that provide directions to houses for sale outside of
Tustin.
Political SiQns
. 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.
Human SiQns
. 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 pedestrians.
. Prohibit spinning, twirling, swinging, or girating.
Findings in support of the adoption of Ordinance No. 1321 are included within the
Ordinance.
Juft~
Scott Reekstin
Senior Planner
a~d.~~~,
Elizabeth A. Binsack
Community Development Director
Attachments:
A. Sign Survey
B. Correspondence from real estate professionals
C. Planning Commission Resolution No. 4043
D. Ordinance No. 1321
E. PowerPoint Presentation (available on January 2, 2007)
S:\CddlCCREPORlICA 06-005 Sign Code.doc
ATTACHMENT B
Resolution no. 4056
RESOLUTION NO. 4056
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE CODE AMENDMENT 06-005 TO AMEND CHAPTER 4 "SIGN
REGULATIONS" OF ARTICLE 9 OF THE TUSTIN CITY CODE.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines:
A. That on October 21, 1991, the City Council comprehensively amended the
City's sign regulations.
B. That the City's sign regulations maintain and enhance the quality of the City's
appearance by avoiding sign clutter, promoting uniformity, and limiting off
premises signs in order to control sign proliferation.
C. That the City's sign regulations aim to ensure that all signs are inherently safe
and do not pose a hazard to pedestrian or vehicular traffic.
D. That the number of signs 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 regulation 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. Than on January 2, 2007, a public hearing was duly noticed, called, and held
on Code Amendment 06-005 by the City Council, and the City Council
continued the consideration of Code Amendment 06-005, and deferred draft
Ordinance No. 1321 to the Planning Commission for further study and
amendments.
Resolution No. 4056
Page 2
I. That on March 13, 2007, a public hearing was duly noticed, called, and held on
Code Amendment 06-005 by the Planning Commission, and the Planning
Commission recommended that the City Council approve Code Amendment
06-005.
J. 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 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.
K. 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 13th day of March, 2007.
BRETT FLOYD
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 4056 was duly passed and adopted at the regular meeting of the Tustin
Planning Commission, held on the 13th day of March, 2007.
ELIZABETH A. BINSACK
Planning Commission Secretary
ATTACHMENT C
Draft Ordinance No. 1321
(Exhibit A to Resolution No. 4056)
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 important that the number and
size of signs allowed within each district are appropriate based on the character of the
uses within each district.
D. The City limits signs on public property in order to (i) control sign
proliferation, (ii) protect aesthetics, (iii) promote an orderly appearance (iv) prevent
potential traffic hazards, safety hazards and nuisances, (v) and maintain the visibility
and effectiveness of on-premises signs.
E. Each sign user must have an opportunity for effective identification while
at the same time limiting the number and area of signs permitted on a site.
F. Certain temporary directional and information signs, including garage sale
signs, lost and found signs, and open house signs, provide an important public
convenience to the citizens of Tustin. Garage sale signs and lost and found signs
provide Tustin residents with an affordable medium to reach other residents. Open
house directional signs also provide residents an additional medium for attracting
interested buyers in the highly competitive real estate market. Strategically placed
directional signs in the public parkway area also provide the most direct 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
convenient traffic 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 significant influence upon the
community's visual and economic environment. The regulation of signs is considered
necessary to promote and protect the public health, safety and welfare through
consideration of traffic and 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 title caps in the text of this Chapter.
A supplemental graphic presentation of certain definitions is provided as information
and is included as section 9412.
"Abandoned Sign" is a Sign which no longer identifies or advertises a bona fide
business, lessor, service, Owner, product, or activity, and/or for which no legal
Owner can be found.
"Act of 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
traffic signs.
"Alter" means to change color (other than Copy color), size, shape, position,
location, or method of illumination of a Sign. This shall not include replacement of
face Copy on cabinet type Signs.
"Animated Sign" means any Sign designed to attract attention through movement
or the semblance of movement of the whole or any part, including, but not limited
Ordinance 1321
Page 3
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 building
Facade; see section 9412.
"Attached Sign" is any Sign permanently affixed to a building or affixed to the
external surface of a building (including Wall Signs).
"Audible Sign" is any Sign that contains loudspeakers or emits sounds.
"Automobile Service Business" is a business whose primary purpose is gasoline
sales, ancillary uses may include auto repair, tire sales and auto supply sales.
"Awning" is a roof-like structure extending over a door, Window or all or any
portion of a building wall and projecting from and supported by the exterior wall of
a building; see section 9412.
"Awning Sign" is a Sign painted on, printed on or attached to the front surface of
an awning.
"Balloon" means a sphere of nonporous material filled with air or gas.
"Banner Sign" means any publicly visible advertising device, not on the interior
side of a Window, made of cloth, paper, plastic, cardboard, metal or any other
usually flexible material, which may indicate the identity or give or ask information
about or convey a message, either directly or indirectly, about a person, entity,
business, commodity, service or idea.
"Beacon" means any stationary or moving light source or light with one (1) or
more beams that rotate or move located outside of or inside a building, or within
three (3) feet of a Window and flashing with one (1) or more beams directed into
the atmosphere or directed at one (1) or more 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 Rames 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 contact; see section 9412.
"Corporate Flag" means a Flag which has the name, Logo, trademark, or
symbols of a business or corporation which cannot be construed to mean official
flags.
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, small Flags,
pinwheels, bunting, Pennants and other like items.
"Flag" means cloth or other lightweight material of distinctive size, color and
design, used as a symbol, standard, signal, emblem, or a device used to attract
attention.
"Flashing Sign" means any directly or indirectly Illuminated Sign that exhibits
changing natural or artificial light or color effects by any means whatsoever.
"Freestanding Sign" means any non-moveable Sign not affixed to a building ,
including but not limited to Pole Signs, ground Signs, and Construction Signs;
see section 9412.
"Freeway Sign" is a Sign whose purpose is to identify a specific service oriented
business (those offering eating facilities, lodging accommodations or an
Automobile Service Business) which is located adjacent to the freeway right-of-
way, or separated from the right-of-way by a frontage 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
Page 6
"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 of a shopping Center.
"Install" means to build, paint, Erect, hang or in any manner affix or modify in any
way.
"Light Bulb Strings" means external or internal displays within twelve (12) inches
of the inside of the Window which consist of light bulbs, or strings of open light
bulbs or lighted tubing.
"Location" means a position on a Site or on a building where a Sign may be
placed. The location is regulated by setbacks from property lines for free-
standing Signs or a Height limitation for wall mounted Signs.
"Logo" means a name, symbol, feature or trademark that represents a business,
enterprise, group or activity.
"Maintenance (of Signs)" means, for the purposes of this chapter, the cleaning,
painting, repair, or replacement of defective parts of a Sign in a manner that does
not Alter the basic copy, design, or structure of the Sign.
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"Mansard" means a sloped roof or roof-like facade designed to give the
appearance of a 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 labor
disputes or similar controversies.
(3) A Public Event Sign
"Nonconforming Sign" means a Sign erected legally which does not comply with
the most current adopted Sign restrictions and regulations.
"Official Flag" means flags of the United States of America, the State of
California, City or other governmental agency.
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"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
of "Premises".
"On-Premises Sign" means a Sign which displays the name, use, service, trade
or trademark, or symbol of the business or business activity provided on the
Premises on which the business or business activity is located.
"Open House Sign" means a Sign which identifies a building for sale or lease
which is open and available for inspection.
"Ornamental Sign" means a Sign that includes decorative design details
fabricated out of wrought iron, wood or similar product with the intent of making
the Sign more compatible with the residential property on which it is located.
"Owner" means a person recorded as such on official records and including any
duly authorized agent or notary, a purchaser, devisee, judiciary and any person
having a vested or contingent interest in the property in question.
"Painted Sign" means any Sign which is applied with paint or similar substance to
the face of a wall, Arcade, Canopy or Marquee of a building.
"Parapet" means an extension of the structural walls, or other architectural
feature screening from view on all sides of a building the rooftop equipment; see
section 9412.
"Parcel" or "lot" means:
1. A parcel of real property which is shown as a single lot in a lawfully
recorded subdivision, approved pursuant to the provisions of the
Subdivision Map Act (California Business and Professions Code, Sec.
11500, et seq.); 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
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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 structural 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
Directionalllnformation Sign, Political Sign, or human sign
"Premises" means the building as it relates to a Wall Sign within which a
business is located; or as it relates to a ground Sign, premises is defined as the
project Site upon which the business is located.
"Primary Wall" means a building wall containing a primary store entrance/exit
which faces onto a street or designated parking area.
"Project Identification Sign" means a Temporary Sign identifying a future
occupant, project developer, architect, engineer, contractor or others participating
in construction on the property on which the Sign is located; see section 9412.
"Projecting Sign" means any Sign which is not substantially parallel to the
surface or plane of the supporting wall, fence, Canopy or Marquee to which it is
attached.
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"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.
"Real Estate Sign" means a Temporary Sign advertising the sale, lease or rent of
the property upon which it is located, and the identification of the person or firm
handling such sale, lease or 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. For Open House Siqns. the Responsible Partv shall be the real estate
licensee holdinq the open house and that real estate licensee's real estate broker
of record.
"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 roofline.
"Secondary Wall" means a building wall which contains no primary store
entrance, but may have emergency exits, exits/entrances subordinate to the
primary entrance which may face onto a street or designated 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.
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"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
whatsoever is used, placed upon, or affixed to the building support structure,
Window area, Canopy, Awning or Marquee. Product, trade and service
information is considered supplemental information and may be included on the
sign provided it is subordinate to business identification. Supplemental signs
shall be considered subordinate if no more than twenty-five (25) percent of the
total allowable Sign Area is used for this purpose. This definition includes signs
directly applied to a building surface such as plastics, and menus. This definition
shall not include official notices issued by a court or public body or officer, or
directional warning or information sign or structures required by or authorized by
law or Federal, State, County or City authority; see section 9412.
"Sign Area" means the entire area of the face or faces of the Sign, which is
designed to carry copy, whether or not there is copy on all surfaces. Architectural
design embellishments and structural elements such as a Sign pedestal or pole
are not construed to be part of sign area. The perimeter is defined by the
smallest square, circle, rectangle, triangle or combination thereof or irregular
shape that will encompass the extreme limits of the copy together with any frame
or structural trim forming an integral part of the display such as a sign cabinet. In
the case of a Double-faced Sign, the area shall be computed as only one of the
Sign surfaces; see section 9412.
"Sign Copy" means any words, letters, numbers, figures, designs, or other
symbolic representation incorporated into a Sign.
"Sign Program" means a comprehensive program intended to provide incentive,
latitude and variety in order to achieve aesthetically appealing and compatible
signage for shopping and professional office Centers and industrial parks with
two or more occupants. A Sign program may also be applicable for a single
business proposing two or more Signs.
"Sign Structure" means the supports, uprights, braces, cables, framework, and
display surface of a Sign.
"Site" means one (1) or more Parcels of land identified by the assessor's records.
The site shall include all Parcels of land contained within, or a part of an
integrated building development. An integrated building development shall
include all Parcels served by common accessways, driveways, parking and
landscaping.
"Special Event" is an irregular and unique commercial, civic, patriotic, religious,
cultural, community, or political event taking place on a specific date or dates.
"Special event" does not include routine commercial promotions, such as regular
promotions of a national franchise.
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"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.
"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 determining the
maximum Sign Area and number of Signs allowed; see section 9412.
"Supplemental Signs" means Signs identifying special features, trade, services or
products of the business. Such Signs may not include a listing of pricing
information or specific brand names unless incorporated into the name of the
business. Supplemental Signs may be 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 lightweight material, with or without frames, including painted Windows,
Flags, streamers, Pennants, Banner Signs and other Signs not designed to be
attached to a building or anchored to the ground.
"Tivoli Lights" is a brand of Tube lights; see Tube lights.
"Tract Identification Sign" means a permanent Sign designed to identify a single-
family or multifamily residential subdivision or development. Such signs shall be
limited to subdivisions containing a minimum of ten (10) units or ten (10) lots and
a minimum total project size of one (1) acre.
"Tube Lights" are small decorative lights of a permanent nature. Light bulbs are
usually one-half watt in size and usually less than one (1) inch long and placed
within a clear tube, approximately eight (8) inches apart.
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"Under-canopy" means a Sign which is perpendicular to and suspended below
the ceiling or roof of a Canopy.
"Use" means the purpose for which land or a building is occupied, arranged,
designed or intended, or for which either land or building is or may be occupied
or maintained.
'Vehicle-mounted Sign" means any Sign placed or maintained on a stationary
automobile, truck, trailer or any other motor-driven device.
"Vertical Clearance" is the vertical distance between grade and the lowest part of
any Sign, including framework or embellishments.
"Visual Clearance 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 section 9412.
"Wall Sign" means a Sign attached parallel to or erected on the fascia, parapet or
exterior wall of a building, structure, wall or fence with the exposed face of the
Sign in a line approximately parallel to the plane of the exterior wall; see section
9412.
"Width of A Sign" means the maximum horizontal dimension of a Sign.
"Window" is an opening in a wall surrounded by framework or casing and
enclosed with transparent material. For the purpose of calculating window area
on one (1) building elevation, a series of adjoining window panes separated by
mullions or panels can be combined to establish total window area.
''Window Sign" means any Sign attached, painted, or pasted, either permanent or
temporary, on the interior or exterior of a window and intended to be viewed from
the outside; see section 9412.
"Wind Sign" means any Sign or portion thereof or series of Signs, Banner Signs,
Balloons, Flags, Pennants, spinners, streamers, or other objects designed and
fastened in such a manner as to move upon being subjected to pressure by wind
or breeze.
9403 SIGN PERMIT REQUIREMENTS
a. Permits Required.
1. Except as otherwise provided specifically in this title, no Sign shall
hereafter be erected, re-erected, constructed or altered until a sign permit for
such has been issued by the person or body having final authority to do so, or
until a conditional use permit or planned Sign program with respect to such a
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Sign has been granted by the Planning Commission in instances in which a
conditional use permit is required.
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 Department prior to the issuance of any
permits.
d. Temporary Sign Permits.
Temporary Sign permits are required for Signs intended for temporary display.
This section shall not authorize Signs identified as prohibited by section 9404 of this
chapter. Additional regulations for Temporary Signs are found in section 9406. As
applicable, a separate building permit and/or electrical permit may also be required. In
addition to a refundable cash bond, which guarantees the removal of the temporary
display, the following requirements shall apply.
1. Banner Signs.
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(a) All Banner Signs must be fixed to a building and hung below a roof
eave or mounted on poles.
(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 wall-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 (30) consecutive
days from or around the date of the event, not more than four (4) times in
any calendar year, and no more than twice in any calendar quarter. As an
alternative, 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.
G) Public Event Banner Signs. Public Event Banner Signs may be
located within the Public Right-of-Way subject to the following restrictions
and criteria:
Ordinance 1321
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(1) All Public Event Banner Signs posted on the structures approved
by the City shall be posted for a maximum of fourteen (14) days
and shall be removed no later than seventy-two (72) hours after the
event has occurred.
(2) All Public Event Banner Signs shall be professionally made and
constructed of cloth, canvas, plastic, PVC or similar material, and
have slits for proper wind resistance, where necessary
(3) No Banner Sign shall exceed thirty-five (35) feet in horizontal
length, with a maximum Sign Height or vertical dimension of four
(4) feet.
(4) All Banner Signs shall contain copy on both sides with only white
background and all copy colors shall be limited to a choice of two
(2) colors.
(5) For purposes of administering the permit process, and for the City
maintenance crew to Install and remove the displays, a fee adopted
by resolution of the City Council shall be charged.
(6) All applicants shall provide a certificate of general liability insurance
in the amount adopted by resolution of the City Council naming the
City of Tustin as an additional insured.
(7) Any Banner Sign for events with corporate sponsorship must limit
the size of the corporate Logo space to no more than twenty-five
(25) percent of the total Banner Sign size.
2. Decorative Flags. Decorative Flags shall meet the following criteria 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
wall surface but in no case above the roof eave.
(b) No Decorative Flag may exceed six (6) 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
Ordinance 1321
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than four (4) times in any calendar year nor more than twice in any
calendar quarter.
(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
9404c4.
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
an arch.
(a) Maximum size of Balloons--Twelve (12) inches in diameter.
(b) Maximum number--Three (3) Balloons per lineal foot.
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(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.
(d) Duration of display--Maximum of two (2) consecutive days, no more
than one (1) time per year for arch, individual, or string of Balloons.
e. Exempt Signs.
The following Signs are Exempt from the permit requirements of this chapter,
provided that they conform to the standards outlined below and contained in sections
9406 through 9411. Although the following Signs do not require a Sign permit, they may
require a building and/or electrical permit.
1. Public Signs placed by a governmental body or public utility, including
Signs required by law, community service Signs, public transit signs, safety
Signs, trespassing Signs, danger Signs and all signs erected by a public 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 shall not exceed one (1) in number per Site nor more than
ten (10) percent of the permitted aggregate Sign Area for the business identified
on the Flag. Business Flags shall be no higher than any state Flag and must be
lower than the federal Flag if located on the site. The Fag pole shall meet the
setback requirements and shall not exceed the allowable Height of the zoning
district or fifty (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.
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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
material of a permanent nature.
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 Plan, provided that the Aggregate Area of such Signs do not
constitute more than twenty-five (25) percent of the Window aArea upon which
they are placed.
9. Non-illuminated on-premises Real Estate Signs or Open House Signs
subject to the following criteria:
(a) In residential zones, not more than one (1) Sign 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 frontage,
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.
Ordinance 1321
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10. A Permanent Directionalllnformation 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
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/lnformation Sign may be located in any district,
subject to the following criteria:
(a) The Signs shall not exceed three (3) square feet in size and four (4)
feet in Height.
(b) Signs may be located in the Public Parkway Area, subject to the
Visual Clearance Area requirements. A minimum of 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) Signs shall not be posted between the hours of 7:00 p.m. and 9:00
a.m.
(e) Signs shall only be posted between 25200 feet and 300WG feet of
a street intersection, mccept when t\'.'O adjaeent interscctions arc less than
100 foet apart, in which case Signs may be posted '....ithin 200 f{)ct of the
strect intersections.
(f) f. malEimum of 1>....0 (2) Temporary Direetional/lnformation Si€lns
shall be posted in the vicinity of any onc public street corner. The number
of Temf)orary Directional/Information Si€lns f)osteEl at anyone street
inteFSection shall not elEceed eight (8), regardless of the number of
incidcntal acti'/ities.
(g) The name, address, and phone number of the Responsible Party
shall be provided on the back of the Sign. This information shall occupy a
space no larger than 10Je square inches.
(h) The Responsible Party for Signs erected in the Public Parkway
Area shall be liable to the City of Tustin, private property Owners and the
general public for any injury to Persons or property resulting from the
placement and Maintenance of the Sign.
(i) Open House Signs in the Public Parkway Area shall be subject to
the following additional criteria:
(1) Signs posteEl along streets identified in the .^.rterial Highway
Pl3n of tho Tustin General Plan shall only include a directional
Ordinance 1321
Page 21
arrow. the address of the open house. and the text "open house~" ifl
white and groen oolors. Address letters and numbers shall be
between two (2) and four (4) inches in height.
(2) Along public streets. a mm<imum of oight (8) Signs shall bo
posted per open house.
(3) Along public streets, a maximum of one (1) Sign shall be
posted per open house per change of direction.
(4) The Sign shall provide directions to a house that is available
and open for inspection in Tustin and the Tustin Sphere of
Influence only.
12. Light Bulb Strings are permitted on a temporary or permanent basis,
provided all of the following limitations are met:
(a) Maximum number--One hundred (100) light bulbs.
(b) inimum separation between lights--Six (6) inches.
(c) Maximum size bulb--Three (3) inches in length, seven (7) watt.
(d) Color--Clear or white.
(e) Location--Not permitted on the exterior of a building or structure.
May be located within twelve (12) inches of the interior of a Window. Light
Bulb Strings located more than twelve (12) inches from the interior of a
Window are not regulated by this code.
(f) All such lights shall not flash, blink, chase or be otherwise
animated.
(g) Standards above do not apply to decorative holiday lighting as
permitted by section 9403e5.
13. Noncommercial Signs,except Public Event Banner Signs, subject to the
following criteria:
(a) No person shall affix a Sign on any traffic signal, utility pole, traffic
control device, or tree.
(b) Written permission of the property Owner IS required for Signs
placed on private property.
(c) Signs on private property shall be limited to a maximum of thirty-
two (32) square feet in size, and ten (10) feet in Height.
Ordinance 1321
Page 22
(d) The name, address and telephone number of the Responsible
Party for posting the Sign shall be included on the Sign.
(e) Noncommercial Signs in the Public Parkway Area are subject to the
following 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 shall be limited to a maximum of six (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 City of Tustin, private property Owners and the general public
for any injury to Persons or property resulting from the placement
and Maintenance of the Sign.
(6) All Political Signs pertaining to a particular election shall not
be erected more than fortv-five thirty (4530) days prior to the
election to which the sign pertains and shall be removed within
fivesavan (12+) 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 six~
(Qg) calendar days after the election to which it pertains shall also
Ordinance 1321
Page 23
be deemed abandoned. The Community Development Director
may cause such Abandoned Signs and any Signs, which constitute
an immediate peril to Persons or property to be removed summarily
and without prior notice. The City shall assess a charge against any
person, candidate, entity, party or group posting or placing Signs in
violation of this section for the cost incurred in the removal.
(10) Signs in the Public Parkway Area in violation of this section
shall be subject to removal by City in accordance with section
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 shall 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 health, 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 it is to be situated and any pole or
Monument Signs within fifty (50) feet of the Site boundaries can be prepared on
an 8 1/2" x 11" size paper.
6. Where the Sign is to be attached to an existing building, a current color
photograph of the face of the building to which the sign is to be attached and
color photograph of all existing Signs on the building and Sign structures labeled
to show which Signs will be removed and which will remain.
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 footing and materials to be used.
8. Means of lighting/illumination along with an electrical permit for all
Electrical Signs. All electrical components for the Sign shall be listed and
approved by certified 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 quality Sign design (integrated with architectural style of project) on
Sites where a large number of Signs will occur. In addition, the Master Sign Plan should
include Permanent Directional/Information Signs to facilitate smooth internal circulation
by the motorist.
After approval of a Master Sign Plan, no Sign shall be erected, placed, painted or
maintained except in conformance with such plan, and such plan may be enforced in
the same way as any provision of this ordinance unless a modification to the Master
Sign Plan is approved. In case of any conflict between the provisions of such a plan and
this ordinance, the ordinance takes precedence. In addition to all of the requirements for
Standard Sign Plans contained in section 9403g of this chapter, the following additional
information shall be required for a Master Sign Plan:
1. Plan specifications including the type and texture of materials and colors
proposed for the Signs and the building Facade.
2. A colored elevation of the proposed Signs as they would appear on the
building Facade.
3. Drawings illustrating the lettering styles and sizes proposed and the use of
Logos, if any.
4. Color photographs of buildings and Signs on adjacent Sites.
5. Any regulations that are more restrictive than those included in the Sign
code pertaining to use, Location and size of signs.
I. Review Criteria
Ordinance 1321
Page 26
1. General criteria (applicable to all Signs). Proposed Signs and the
materials, size, color, lettering, Location and arrangement thereof shall conform
to the following criteria:
(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 and/or architectural theme or design
features of the building(s) or required by any special criteria pursuant to
section 9403h.
(h) Freestanding Signs may be located in a required yard setback area
provided the following criteria are met:
(1) Said Location is not within a required Visual Clearance Area
as shown on section 9412 exhibits.
Ordinance 1321
Page 27
(2) All Signs proposed to be located within the Public Safety
Area shall be reviewed and approved by the Public Works
Department.
(3) All such Signs shall be located a minimum of twenty-five (25)
feet from an interior side property line or fifty (50) feet from another
existing pole or Monument Sign located on an adjacent Site,
whichever is less restrictive.
(4) In the event of a lighted Sign the Location will not cause
negative light and glare impacts on adjacent sensitive land uses.
(i) All Signs shall conform to provisions contained in section 9404 of
this chapter and any previously approved Master Sign Plan, on file with
the Community Development Department.
2. Master Sign Plan criteria. In addition to general criteria listed in section
9403i of this chapter, Master Sign Plans shall be reviewed for conformance with
the following criteria:
(a) Signs shall reflect a common theme, incorporating design elements
in terms of materials, letter styles, colors, illumination, Sign type and Sign
shape.
(b) Signs shall utilize materials, colors, and a design motif which are
compatible and which reflect the special qualities of the architecture of the
buildings on the Site in both daytime and nighttime situations.
(c) For developments with existing Signs, the Master Sign Plan shall
designate appropriate replacements, if any, which are consistent with the
new signage. Where such Signs cannot be replaced immediately, a
schedule or phasing plan for bringing such Signs into conformance with
the Master Sign Plan shall be submitted and become part of the approval.
A cash bond, based upon the estimated cost to remove the Sign, may be
required to guarantee their removal. Bond is returnable upon successful
completion of removal. If not removed, the bond will be forfeited and the
Sign will be removed by the City pursuant to the enforcement procedures
of section 9405e. The Sign plan should acknowledge that tenants desiring
Signs may not be identified during the building design process or may
change over time. Therefore, care should be taken in size and placement
to accommodate future changes.
(d) The Master Sign Plan shall designate a person or firm as the
primary liaison with the City for the purpose of requesting approval of the
Master Sign Plan and for submitting Sign 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
Council may establish 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 specifically 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 display bus shelter, except in compliance
with the following conditions:
(1) A franchise agreement or other contractual agreement
acceptable to the City Attorney shall be required for all advertising
bus shelters proposed within the Public 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
Council on appropriate standards for advertising and/or design.
(3) All advertising display bus shelters shall be located based
upon ridership demand, as determined by the Orange County
Transit Authority and City Engineer.
(4) Displays shall not contain advertising for tobacco or alcohol
prod ucts.
(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.
U) Obscene or unlawful Signs.
(k) Off-Premises Signs, except Temporary Directionalllnformation
Signs, Human Signs, and Noncommercial Signs.
(I) On-Premises Advertising Display.
(m) Painted Signs.
(n) Portable Signs
(0) Projecting Signs.
(p) Roof Top Signs.
(q) Service, product and pricing Signs. Any Sign advertising specific
brand names or pricing unless incorporated into the business name for the
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 allowable 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 lines than that prescribed by the laws of the
state or rules and regulations duly promulgated by agencies thereof. Signs
are prohibited on any utility 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-of-Way, and Public
Parkway Area. Signs on any public property, within Public Right-of-Way,
including the Public Parkway Area, traffic control sign posts, utility poles,
and trees are prohibited. No person, except a public officer in performance
of public duty, shall affix by any means any form of Sign on any public
property or within the public right-of-way. Temporary
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 9403e.
(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 approval 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 less restrictive. Additional regulations for Monument
Signs are located in sections 9407 through 9411.
b. Signs Subject to Conditional Use Permit Approval
The following types of Signs are permitted only when reviewed by the Planning
Commission and where a conditional use permit has been issued in accordance with
the Tustin Zoning Code. An application for a conditional use permit for these types of
Signs shall be processed in accordance with conditional use permit procedures
contained in the Tustin Zoning Code. Appeal procedures for conditional use permits
shall also be governed by applicable sections of the Tustin Zoning Code.
1. Changeable Copy Signs (electronic or manual), except time and
temperature Signs which are permitted.
2. Pole Sign. All Pole Signs not considered freestanding Freeway Signs
pursuant to subsection 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
single development project of at least one hundred thousand (100,000)
building square feet or five (5) acres in project size which has a minimum
of three (3) or more tenants.
(c) Design. The Pole Sign is designed to reflect theme of the Center it
identifies and incorporates similar design elements, materials, colors and
special qualities of the architecture of the building(s) in the Center and is
compatible with existing or proposed signage in the Center.
(d) Location. The Pole Sign shall (1) be located within a landscaped
area and is limited to one per street frontage, (2) maintain a minimum of
one hundred (100) lineal feet from any other Monument Sign or
Freestanding Sign in the Center, and (3) be set back a minimum of
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.
c. Signs Subject to 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
Identification Sign.
4. Gasoline pump information Signs shall be attached to pump islands and
limited to two (2) per island column elevation. No products, Logos or business
identification shall be included.
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. All repairs to Signs shall be at least equal in quality and design to
the original Signs.
c. All Signs and Sign material shall be constructed of permanent
materials including but not limited to metal, 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 erector, installation year, and voltage (if electrical)
in a readily visible Location.
e. Electric Signs shall be indirectly illuminated. Illumination shall be
either from the interior of a Sign, behind letters (back lighting), channel
lighting 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 buildings or structures beyond
or in the vicinity of the Sign or when it shines directly onto residential
zones or in any public or private right-of-way. All Illuminated Signs shall be
designed, placed or arranged to prevent glare upon the Public Right-of-
Way, adjacent properties, and traffic circulation areas of the subject
property and shall not create a menace to traffic or a nuisance to adjacent
property.
f. All areas where Wall Signs are removed and background
discoloration or holes remain shall be appropriately patched and painted
to match the building surface within thirty (30) days of removal of said
Sign.
2. The Community Development Department shall have the authority to
order the painting, repair, Alteration or removal of a Sign that does not conform to the
standards set forth in subsection (1).
3. Hazardous Signs. If a sign is damaged or not properly maintained to a
degree that causes it to 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
3D 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) and/or the
property owner. If not paid, the applicable costs may be imposed as a tax lien
against the property. Notice of the imposition of the tax lien shall be sent to the
owner of the property by certified United States mail, return receipt requested, as
well as by first class United States mail.costs of removal and storage (up to 3D
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 currently adopted Uniform 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 permitted precedents
or other relevant information applicable to the application.
Any decisions of the Community Development Director may be appealed to the
Planning Commission pursuant to the appeals procedure in this chapter.
c. Nonconforming Signs
A legally established, Nonconforming Sign lawfully in existence prior to the
adoption date of this ordinance may remain and be maintained, but shall be made to
Ordinance 1321
Page 37
conform to all provIsions of this chapter if the Director determines that any of the
following events occur.
Sign.
1. A Nonconforming Sign shall not be changed to another Nonconforming
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 if the construction
materials are physically replaced with new materials. The replacement of face Copy in a
cabinet type Sign does not constitute structural alteration.
3. A Nonconforming Sign shall not be expanded or Altered so as to change
the size, shape, position, Location or method of illumination of the Sign.
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) Notice of violation. Where it 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 to request a hearing or appeal. An
invoice for costs may be included with the notice.
(b) Removal with Notice. If the City is required to remove any Signs or
if no response is made to a notice of violation, the Sign may be removed
by the City. The Sign will be stored by the City for a period of thirty (30)
days and may be reclaimed by the Responsible Party after the payment of
all removal and storage costs. Any Sign not reclaimed within such time,
may be destroyed or disposed of by the City. In the event the Responsible
Party does not reclaim the Sign, or pay all fees assessed by the City, the
City may recover its costs through the cost recovery mechanism identified
in this section.
(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, "Property Maintenance And Nuisance Abatement
Regulations and Standards," of the Tustin Municipal Code.
3. Civil and legal procedures. Notwithstanding the enforcement tools
described in this chapter, the 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 all costs shall be
presented to the Council. The City Council may make revisions, corrections, or
modifications to the report. The report, together with the charges, shall be 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 with the Community
Development Director within ten (10) business days of the date of mailing
of the notice/invoice. The request for hearing must set forth the basis of
such person's objection.
(b) Upon receipt of a request for a hearing, the Community
Development Director shall set a 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 with
appeal fees with the Community Development Department, within ten (10) days after
the mailing of the notice of determination. The Planning Commission shall be
empowered to make decisions on the determination. Any determination initially made by
the Planning Commission may be appealed to the City Council.
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 (10) 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. Compliance with State and Federal Regulations
Nothing contained in this chapter shall be construed as permitting Signs which
violate State or Federal law, or as eliminating the necessity of full compliance with all
such laws affecting erection or Maintenance of Signs.
h. Severability
All of the provisions of this chapter shall be construed together in order to
accomplish the purpose of these regulations. If any provision of this chapter is held by a
court to be unconstitutional, such unconstitutionality shall apply only to the particular
facts, or if a provision is declared to be unconstitutional as applied to all facts, all of the
remaining provisions of this chapter shall continue to be fUlly effective.
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.
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9412
'JYpes of Signs
Sicn Area
.:...;."..;-.~,-- :;"'-
'n,-,;;:Jt.:..,.,
:,'.'+rov..
~ :~'-",",L._C\ 'j
..,::="gn .
." ,."':-
,'~ . _1. (.' ",. ,~
..i.;. v~.,,:,~:~
:. ~f":~."..._'!I:
. }~i~; '~~~".:~~~:~
--r
Project Identification
Sign
'l"
ReDdenn. ..~
Optional
MAXIMUM
HEIGHT
SlID Area
". ; ...., -'.,. ,~
.,...,De.~ '"
: ';'::,~IArcl1lteicl;-.:'.-........~
",hAit.'..Ibi.' ,,'
~PhorieNG::'
..-~;'~~~~r~r~~:;':'
MAXIMUM
HEIGHT
Grade
Oracle
Monument Sign
--r
MAXIMUM
HEIGHT
Orade
Projecting Sign
Projecti..
51..
Bulldl.. U..
l- - - Center Name
SlID Area
MAXIMUM
HEIGHT
-.
"
T....t
SiID
Area
Minimum
Clearance
&~ Restrictions in S~ctions 9403 - 9411
9412 1Jpes of Signs
WaJlSillll
(Channel Lelten) Facade
Marquee
Wmdow Sip
Roof Sign
Window Sign
PI"que t?
/-:
Pmjecting Sign
I ,':9"'
,,/"
St!I! Re.<lric/;(JI/.< ,i, SL'('limL< 'NO.1 . 9411
9412
llJpes of Signs
")
Wall Sign
(Cabinet)
Canopy Sign
Canopy
Awning Sign
vr
Mansard
. Arc.~de Sign
St!t! Rt!s/ric/ions in See/ions 9403 - 9411
9412
Sign Area Measurements
Definition of Sian Area Measurements by Sian Type:
Width x Reicht ~ Sign Area
Rectangular Signs
Canister WaD or Freesl8ndin. Si....
Wmdow Signs
WID'Tli
l-
HEIOHT
J_
I
G1..Su_ ~
,
,met
I I
I I
I I
I I
I I
-L WIDTH
I I
AttadJed WaD Signs
Channel Letten
Other Shape.
I.- WIDTH
I
I
I
I
--+-r
HEIGHT
_1
'SiLnICb-Il"
~-~-----~JJ
L- WIDTH I
I ,,_-c-:- -.....,-rT
/ . , . '. HEIGHT
,. '. " i '
" -",' ~
'.... - J
- -
--- -- -
-,... - r
/~.;-,:~;.:"::'
'- ", ~"''',' .
,. ...... "'iI":\
\". ,.".",.:.r~'~."1 HEIGHT
-.. \.'-'l-.....W L
I X". 'f)y,./11
~~/-
L WIDTH -'
, I
See ResrricrioflS in SecrUJfIS 9403 . 9411
9412
Building Frontage Calculations
T
Store A
Store B
I-- WIDTH A --+- WIDTH B
Store A - Height A 1I W"Jdth A
Store B - Height B 1I Width B
Guidelines for Determining Sign Location
Visual Clearance and Public Safety Areas
S.ree.
L10'-.l
1-10'-1
L-.. 25'
Cum Line
Driveway
or AIIcy
r
25'
1
Sidewalk
c:J Minimum 20' wide
Public Sofety Area
- Visual CIeoro..., Areas
10 Remain Qear
Street
Properly Liue.':
See Res/ric/ions in Sec/ioll< 9403 - 9411
Ordinance 1321
Page 41
SECTION 2. Upon the effective date of this Ordinance, the provisions hereof
shall supersede any inconsistent or conflicting provisions of the Codified Ordinances of
the County of Orange, or other relevant Orange County non-codified Ordinances, as the
same were adopted by reference by City Ordinance.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Tustin hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or 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 AprilJanuary, 2007.
LOU BONEDOUG DN.'ERT, 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 20~!hflG day of MarchJaAllmv, 2007, and was given its second
reading, passed and adopted at a regular meeting of the City Council held on the 345rdtA
day of AprilJanumv, 2007, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, City Clerk
Published:
ATTACHMENT D
Correspondence received after November 27,2006
Binsack, Elizabeth
From:
Sent:
To:
Subject:
Binsack, Elizabeth
Tuesday, February 27,20071 :01 PM
'jackaI01@cox.net'
Re: Open House signs just keep getting worse
We will be taking a revised ordinance before the Planning Commission and City Council in
March. Your comments at the public hearings would be appreciated.
----- Original Message
From: jackalOl@cox.net <jackalOl@cox.net>
To: Binsack, Elizabeth
Cc: Holland, Doug; Estrella, Patty; Jason S. Retterer <JRetterer@wss-law.com>
Sent: Man Feb 26 10:46:27 2007
Subject: Open House signs just keep getting worse
Elizabeth,
Yesterday 2/25/2007 there were 24 open house signs at the corner of Tustin Ranch Road and
Irvine Boulevard. Not to mention a for rent sign.
I do not see any type of improvement in the sign situation. Is the matter of fact, Ed
Montoya still has his signs up right now in at least three locations. They have been up
all night through this morning.
THIS IS WHAT IS CALLED BLIGHT AND DECREASE IN MARKET VALUE.
As a resident of Tustin, I expect this to be address'd and heavily enforced with heavy
fines to the offenders. The hours need to be tight, and absolutely NO NAMES ON SIGNS.
That is what has caused the "competition" of the number of signs and placement of same.
Please advise as to progress.
Sincerely,
Tustin Ranch Resident and Real Estate Broker
---- "Binsack
> Dear Tustin
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wrote:
Ranch Resident:
The Planning Commission will hear the matter (any amendments to the
sign
code) and make a recommendation to the City Council. The Council then
must hold a public hearing on the matter. Changes to code require two
readings and/or meetings before the Council --- 30 days thereafter any
changes would become effective. We are anticipating taking this item
before the Commission on November 13th and then to the Council's
November 20th or December 4th meeting. Please let me know if you have
any questions.
Elizabeth A. Binsack
Community Development
> City of Tustin
> 714-573-3031
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Director
---~-Original Message-----
From: jackalOl@cox.net [mailto:jackalOl@cox.net]
Sent: Sunday, October 29, 2006 10:27 AM
To: Binsack, Elizabeth
Cc: Estrella, Patty
S~bject: Open House signs just keep getting worse
Hi Elizabeth and others,
The sign situation just keeps getting worse around here in Tustin Ranch.
You should see the corners this weekend. Full of signs. Also, Tower
records has people standing on corners with their "going out of
1
Binsack. Elizabeth
From:
Sent:
To:
Cc:
Subject:
Doug Davert-Tustin [dougdavert@ca.rrcom]
Tuesday, February 27, 2007 9:54 AM
jackaI01@cox.net
Binsack, Elizabeth
Re: Open house signs in Tustin Ranch
Thanks. I'll forward this on to our staff so that it is included in our upcoming
discussions.
Doug Davert, Councilmernber
City of Tustin
----- Original Message -----
From: <jackalOl@cox.net>
To: "Doug Davert-Tustin" <dougdavert@ca.rr.com>
Sent: Monday, February 26, 2007 10:43 AM
Subject: Open house signs in Tustin Ranch
Doug,
Yesterday 2/25/2007 there were 24 open house signs at the corner of Tustin
Ranch Road and Irvine Boulevard. Not to mention a for rent sign.
I do not see any type of improvement in the sign situation. Is the matter
of fact, Ed Montoya still has his signs up right now in at least three
locations. They have been up all night through this morning.
THIS IS WHAT IS CALLED BLIGHT AND DECREASE IN MARKET VALUE.
As a resident of Tustin, I expect this to be address'd and heavily
enforced with heavy fines to the offenders. The hours need to be tight,
and absolutely NO NAMES ON SIGNS. That is what has caused the
"competition" of the number of signs and placement of same.
Please advise as to progress.
Sincerely,
Tustin Ranch Resident and Real Estate Broker
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> ---~ Doug Davert-Tustin <dougdavert@ca.rr.com> wrote:
>> Wiil do. This will corne back to us next month. Amante has already
>> recused
>> himself and is not participating in this discussion. The Chamber of
>> Commerce is involved as are the various boards. The is wide support
>> among
>> the Realtors for some type of regulation. We are every close to putting
>> something in place. Rest assured, we all recognize the problem that is
>> being caused by a handfull of scofflaws. We are trying to fine tune our
>> action to deal with the scofflaws without unduly punishing the industry.
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>> Doug,
>> Any help you can provide on the issue below would be of great help.
>>
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>> >
Doug Davert, Councilmember
City of Tustin
----- Original Message -----
From: <jackalOl@cox.net>
To: <dougdavert@davertandloe.com>
Sent: Monday, January 15, 2007 4:09
Subject: Open house signs in Tustin
PM
Ranch
Date: Mon, 15 Jan 2007 16:07:56 -0800
From: <jackal01@cox.net>
To: EBinsack@tustinca.org
Subject: Open house signs in Tustin Ranch
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Dear Elizabeth,
I left my home in Tustin Ranch on Sunday Morning at 7:00 am. Signs
were
out allover the place by all of the usual Realtors and many that I
have
not recognized before. Do you really think the Realtors have an open
house at 7:00 am???? Signs were even at the exit of CosteD. Why do
you
think that a couple of Realtors are putting them there???? It is very
obvious.. .They are looking for free advertising of their name. That is
it. When they put them out at 7:00am on Wednesday, Saturday, and
Sunday,
they are getting over 40% of daylight hours in personal advertising.
They
are putting the signs in the middle of the blocks, and also outside the
gates of our gated communities. I have heard that Amante is a Realtor?
He should be taken off this issue. Also, Don Saltarelli has been given
open microphone at at least one meeting that I was at. They argue
about
the commerce and money generated by Realtors. This is nonsense. The
buyers will come to an open house whether it is a generic sign or not.
Also, the blight of all of the signage is detrimental to the Realtors
income as well as the prices of homes in the area. The Realtors are
arguing for personal advertising, and that is all!!! Realtors can
advance
to the 21st century and the City of Tustin can erect a few signs that
tell
buyers to go to I.www.tustinopenhouse.com.. or some site like this. I am
not for eliminating signs, just stopping the abuse and blight in our
great
city.
Please forward this email to all involved.
and
must be address'd.
The signage problem exists
I will provide
However,
not for public
any
questions.
my name and phone number for records if needed.
distribution.
Please let me know by email if you have
Sincerely,
Tustin Resident and Real Estate Broker (20 yrs in the business)
2
r~ ;-
f-l .i.,
January 30, 2007
TO: Tustin City Council Members
FROM: Julia Boynton, Sales Associate, Seven Gables Real Estate
RE: Proposed changes to City of Tustin Sign Ordinance
Gentlemen of the Council:
I attended the January 2007 meeting of the City Council and listened with interest to the
discussion surrounding a possible change to the city's sign ordinance. Thank you for your
willingness to delay a decision to a later date to allow for more public comment and
input.
I have been a local Realtor for the past 21 years, with the majority of my business in
Tustin and North Tustin. Like most of my real estate colleagues, I very much want to be a
good neighbor to the residents of Tustin, who have supported my business over the years.
I certainly do not want my business signs to be perceived as a source of "visual litter" in
our city. To that end, I have taken pains to place my directional signs per the current
code and to remove the signs promptly at the conclusion of the open house or broker
preview. In some instances, I have retrieved and returned other agents' signs to them.
Clearly, those of us in the real estate business rely on signs to promote our listings and to
direct the public to our properties. In such a competitive sales environment, where it
sometimes seems that an agent is only "as good as his or her last sale," we need all the
tools at our disposal to expose a property to potential buyers.
That said, the residents of Tustin have every right to expect real estate agents to place
signs within the required distance from intersections and sidewalks and to remove those
signs when the event is over. Those requirements should be explicit and provided to
every real estate firm in the area. If widespread non-compliance continues, it would be
reasonable, in my opinion, to require that agents who wish to display open house signs in
Tustin first register with the City and sign acknowledgment of the rules.
12651 Newport Avenue, Tustin. Caliiomia 92780 . 714.731.3777 . FAX 714.731.4906
Tustin Sign Ordinance, p. 2
I further agree with the suggestion of imposing stiff fines for agents who repeatedly
violate the current sign ordinance.
Thank you for your consideration of my comments.
Sincerely,
.]/
,. . /
: /, /":"1,.." c_
' ',,' ,', ,,:;t-' uV~'_-
>--t~K..~:.IL./ .". __/ /",""'-1
.. '
( Julia Boynton, Realtor
Page 1 of I
Reekstin, Scott
From: mercede [mercede@mercedeghofli.com]
Sent: Sunday, January 21, 2007 11 :50 AM
To: Steen, Brad
Cc: Reekstin, Scott; Binsack, Elizabeth; Anderson, Clayton
Subject: Tustin Ranch open house signs
Dear Brad,
I just left a message on your voice mail as well.
I was wondering if any of our code enforcement officers are on duty today. There are many open house signs
posted all around Tustin Ranch road & Bryan, in violation of the existing codes. They have been up and had
stayed up for the pat 3 weekends during Open house hours. We did not mention anything in consideration of the
fact that your office may be closed for holidays.
I really, really appreciate it if one of our officers could investigate this. It truiy is not fair to the rest of us!. We are
spending our tax dollars to modify the existing codes, but they mean nothing if they are not enforced regularly.
Your immediate attention is respected.
Cf3est ~BardS,
'Merceae qfiojfi
Real Estate Broker Associate
Prudential California Realty
www.mercedeghoth.com
714. 838. 2471
01/22/2007
James Lendino
2205 Palmer Place
Tustin, CA 92782
January 3, 2007
Department of Real Estate
320 W. 4" Street, Suite 350
Los Angeles, CA 90013-1105
OCAR
Attn: MLS Committee
25552 La Paz Road
Laguna Hills, CA 92653
Mayor Lou Bone
City Council Members Amante, Kawashima, Davert and Palmer;
City of Tustin
300 Centennial Way
Tustin, CA 92780
Re: Open house Real Estate signs - Jeff Jones, ReMax agent
Dear Ladies and Gentlemen:
I am a resident of Tustin Ranch and am seeking your individual and collective assistance with
regard to an ongoing, abusive situation with regard to "Open House" signs from one specific
agent in the Tustin Ranch area.
Jeff Jones routinely has numerous signs staked along Irvine Blvd, Tustin Ranch Road and other
streets on Wednesdays, Saturdays and Sundays as early as 7:30AM on those specific days.
While I understand his right to promote open houses, traditionally these open houses for
weekends occur during afternoon hours and these signs are up many hours prior to the actual
times.
What this amounts to is free advertising for Jeff Jones on a routine basis along the major streets
within the communities that Mr. Jones farms. In addition, it penalizes other realtors who respect
and limit their signage to hours that are more in line with the actual open house hours. It is no
exaggeration that Mr. Jones has numerous signs posted through out the community and I
recommend a site inspection on any of these given days mentioned.
I am not in real estate, I have no vendetta against Mr. Jones other than being tired of looking at
countless clutter on a regular basis where I feel he is excessively abusing a situation, benefiting
from it and taking advantage of his peers. It is an ongoing eyesore and feedback from neighbors
indicates my sending this letter is an indication of the sentiment of many others living in the area.
I strongly encourage you to make a site inspection to view for yourselves on thcse specific days at
the earlier hours.
Department of Real Estate, et al
Page 2
January 3, 2007.
In speaking with a couple of entities this letter is addressed to, there must be a way to reprimand
Mr. Jones and enforce better policing of the signage within the Tustin Ranch community. His
Open House signs should be limited to coincide with actual open house hours and a limitation on
thc number of signs staked. I do not recall seeing anything similar in other communities I drive
through in the Orange County area with this level of abuse.
Your consideration and response is most appreciated - if you have any questions regarding this
letter, please feel free to contact me directly.
Sincerely,
}
Jim Lendino
;~."];i.'J.l';;;'
-'''I'. .
'Tustin
CHAMBER OF COMMERCE
I r;i-\ j ,',-_
December 15,2006
OEe 2 () 2006
,'f:('F=II/ED
1,,_ ....1__. '
The Honorable Lou Bone
City of Tustin
300 Centennial Way
Tustin, CA 92780
RE: City Sign Ordinance No. 1321
Dear Mayor Bone:
On December 7, the Tustin Chamber of Commerce Governmental Affairs Council held a special
meeting to discuss the above-referenced sign ordinance. Realtors who are chamber members
were invited to participate in the discussion regarding changes to the realtor signs, specifically
Pages 19 through 23 of the sign ordinance. Planning Commissioner Brett Floyd was gracious
enough to give a presentation at this meeting, and his time and presence was greatly appreciated.
At the recommendation of our Governmental Affairs Council, the Tustin Chamber's Board of
Directors respectfully requests that the City Council consider the following recommendations:
1. Postpone its decision to enact the changes to Sign Ordinance No. 1321 as recommended by
the Planning Commission to allow for additional discovery time by the Planning
Commission and the Tustin Chamber of Commerce.
2. To allow a 30-day extension for the Tustin Chamber to review and make recommendations
regarding Sign Ordinance No, 1321 in its entirety.
3, Request for Code Enforcement to work on weekends when most offenses are made and to
enforce the existing sign code as written in its entirety, not arbitrarily or at the interpretation
of each code enforcer.
4. Establish punitive penalty for offenders, escalating monetary penalty for repeat offenders,
and temporary loss of privileges to chronic offenders to hold open houses within the city
limits.
The Tustin Chamber's mission statement is to preserve the free enterprise system and to expand
the potential of all business and professional enterprises. Therefore, we thank you for giving us
the opportunity to voice our recommendations regarding changes to the sign ordinance, and We
look forward to hearing from you regarding this matter.
~~
Steve Scott, President
Tustin Chamber of Commerce
Cc: Mayor Pro Tern Jerry Amante
Couneilmember DougDavert
Councilmember Tony Kawashima
Council member Jim Palmer
Planning Commissioner Chair Brett Floyd
ATTACHMENT E
Exhibit for Real Estate Open House Signs
300'
.
300' .lC
. . . ..
25' :
.
_ 300'
300'
"
"'...7" ...-,.
~
"]
r
1&
300'
25'
..
300' _
.
25' ·
.
.
....
Acceptable Locations for
Posting Real Estate Open House Signs
in the Public Right-of-way
It
300'
" 300'