HomeMy WebLinkAboutORD 1117 (1993) ORDINANCE NO. 1117
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 4 OF
ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE REGARDING
NONCOMMERCIAL SIGNS, NONCONFORMING SIGNS, AND
IMPOSING TIME LIMITS FOR ACTING UPON SIGN PERMIT
APPLICATIONS
The City Council of the City of Tustin hereby ordains_as
follows:
Section 1. Section 9403 of Chapter 4 of Article 9 of the
Tustin Municipal Code is hereby amended to read as follows:
"i Review Procedures
The sign permit application, plans and fees shall be
submitted to the Community Development Department and the
Department shall have the authority to approve, approve with
conditions, or deny the submittal, unless such authority is
granted to the Planning Commission pursuant to the
requirements contained in specific plans, or planned
development or planned community districts.
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.
Each siqn permit application filed pursuant to .this
chapter shall be processed. and approved, conditionally
approved or denied within the time limits established by state
law for action on development pro~ects.
All decisions by the Community Development Department or
Planning Commission are final unless appealed in accordance
with this chapter."
Section 2. Section 9413 is hereby added to Article 9 the
Tustin Municipal Code, which shall read as fcllows:
"9413 NONCOMMERCIAL SIGNS
No provision of this chapter shall be construed to
limit the riqhts of owners of siqns regulated by this
chapter to display noncommercial messages on any siqn
authorized by this chapter."
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3 Ordinance 1117
Page 2
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5 Section 3. In adopting this Urgency Ordinance, the City
Council finds;
a. That Section 1 hereof, regarding time iimits for
7 acting upon sign permit applications is declaratory
of existing law. State law requirements regarding
8 the processing of permit applications are
implicitly incorporated into and applicable to sign
9 'permit applications filed under the City's sign
regulations. However, expressly referencing the
10 state requirements in the City's sign regulations
will provide additional assurances to sign permit
]] applicants regarding the processing of their
12 applications.
13 b. That Section 2 hereof, regarding noncommercial
speech, is declaratory of existing law. The City's
]4 sign regulations are content neutral, as required
by the United States and California Constitutions,
15 and favor neither commercial nor noncommercial
speech. Adoption of Section 2 as part of this
16 Urgency Ordinance will provide immediate
reassurance to both sign owners and sign permit
17 applicants regarding their rights under the City's
sign regulations.
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Based upon the above findings, the City Council declares
19 that this Urgency Ordinance is required for the immediate
preservation of the public peace, health or safety. Therefore,
20 this Ordinance shall become effective immediately upon its
affirmance by at least four-fifths (4/5) of the members of the
2] City Council, in accordance with California Government Code
Section 36967.
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PASSED AND ADOPTED at a regular meeting of the City
23 Council held on the 4th day of October, 1993.
26 J~I~TTS
27 '~Y'V'~,~-R [,
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
URGENCY ORDINANCE NO. 1117
Mary E. Wynn, 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 Urgency Ordinance No. 1117 was duly
introduced, passed and adopted at a regular meeting of the City Council
held on the 4th day of October, 1993, by the following vote:
COUNCILMEMBER AYES: Potts, Saltarelli, Pontious, Puckett
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Thomas