HomeMy WebLinkAboutORD 1197 (1998) 1
ORDINANCE NO. 1197
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
3 CALIFORNIA, APPROVING AN AMENDMENT. TO TUSTIN CITY CODE
SECTION 9403c, TO LIMIT THE USE OF THE MAIN STREET BANNER
4 POLES TO CITY SPONSORED EVENTS, AND SECTIONS 4616 and
4617 TO PROHIBIT CONSTRUCTION ACTIVITIES ON CITY OBSERVED
5 FEDERAL HOLIDAYS.
6
The City Council of the City of Tustin does hereby ordain as
7 follows:
8 Section I
9 The City Council finds and determines:
10 A. That an amendment to Tustin City Code Sections: 9403c
(Permits for Public Event Signs) and 4616/4617 (Specific
11 Disturbing Noises Prohibited) has been prepared to limit
the use of the temporary signs and banners posted within
12 public right-of-way to City sponsored events and clarify
the City observed Federal holidays related to prohibited
13 noise;
14 B. The proposed amendment would not'have an adverse affect
on the public health, safety and'welfare on residents or
15 businesses of the City;
16 C. Per Section 15601(b)(1) of California Environmental
Quality Act, this amendment is considered a "nonproject";
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D. The proposed amendment is regulatory in nature and would
18 provide the City with unrestricted use of the Main Street
facility for promotional events;
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E. The proposed amendment would provide consistency with the
20 Tustin City Code and the hours of operation of the City
staff; and,
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F. The proposed amendment is consistent with the City's
22 General Plan, especially the Noise-Element.
23 Section II
24 Section 9403c of the Tustin City Code is hereby amended to
'read as follows:
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"c Permits Required for Public Event Signs
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A temporary sign and banner permit is required for banner
27 signs to be posted within the public right-of-way on
approved structures. The following regulations shall
28 apply to such signs:
1 Ordinance No. 1197
Page 2
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3 1. All banners posted on the structures approved by
the City shall advertise events and other
4 promotions open to the public and sponsored by the
City of Tustin. (Ord. No. 1085, Sec. 2, 5-4-92)
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2. All banners posted on the structures approved by
'6 the City shall be posted for a maximum of fourteen
(14) days unless approved by the Director of
7 Community Development Department and shall be
removed no later than seventy-two (72) hours after
8 the event has occurred.
9 3. All banners posted On approved structures must
conform with the following design criteria: .... "
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SECTION III
11
Subsections (2), (3) and (4) of Tustin City Code Section 4616 are
12 hereby amended to read as follows:
13 "(2) Construction, repairing, remodeling or demolition and
grading. The erection, demolition, alteration, repair,
14 excavation, grading, paving or construction-of any
building or it is prohibited between the hours of 6:00
15 p.m. and 7:00 a.m., Monday trough Friday and 5:00 p.m.
and 9:00 a.m. on Saturdays and during all hours Sundays
16 and City observed federal holidays. Trucks, vehicles and
equipment that are making or are involved with material
17 deliveries, loading or transfer of materials, equipment
service, maintenance of any devices or appurtenances to
18 any construction project in the City shall not be
operated on or adjacent to said sites outside of the
19 approved hours for construction activity.
20 Exception: Construction activities may be permitted
outside of those limitations ....
21
(3) Pile drivers, hammers, etc., the operation of a pile
22 driver, power shovel, pneumatic hammer, grading and
excavating machinery, paving equipment, or other
23 appliance, the use of which is attended by loud or
unusual noise is prohibited between any and all hours on
24 Sundays and City observed federal holidays, between the
hours of 6:00 p.m. and 7:00 a.m., Monday through Friday,
25 and between 5:00 p.m. and 9:00 a.m. on Saturdays.
26 Exception: In the case of urgent necessity and'upon a
finding that such approval will ....
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1 Ordinance No. 1197
Page 3
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3 (4) Property maintenance equipment. The use and operation of
property maintenance equipment, the use of which is
4 attended by loud or unusualnoise, is prohibited in
residentially zoned areas any and all hours on Sundays
5 and City observed federal holidays, before 7:00 a.m. and
after 6:00 p.m. Monday through Friday, and before 9:00
6 a.m. and after 5:00 p.m. on Saturdays. In commercial and
industrially zoned areas, the use ofproperty maintenance
7 equipment is prohibited any and all hours on Sundays and
City observed federal holidays, before 7:00 a.m. and
8 after 10:00 p.m. Monday through Friday, and before 9:00
a.m. and after 10:00 p.m. on Saturdays. No property
9 owner, lessee, gardener, property maintenance service,
contractor, subcontractor, or employer shall permit or
10 allow any person working at their direction to operate
property maintenance equipment in violation of the
11 provisions of this section. All debris generated by the
use of property maintenance equipment shall be cleaned up
12 and disposed of in accordance with Section 4421 of this
Code.
13
Exceptions:
14 a. Public property maintenance is exempt from the
provision of this subsection ('4) .... "
15
SECTION IV
16
Subsections (e), (g) and (i) of Tustin City Code Section 4617
17 are hereby amended to read as follows:
18 "(e) Noise sources associated with construction, repair,
remodeling, or grading of any real property between the
19 hours of 7:00. a.m. and 6:00 p.m Monday through Friday and
the hours of 9:00 a.m. and 5:00 p.m. on Saturdays,
20 excluding City observed federal holidays.
21 (g) Mobile noise sources associated with agricultural
operation provided such operations do not take place
22 between the hours of 6:00 p.m. and 7:00 a.m. on weekdays,
including Saturday, or any time on Sunday or a City
23 observed federal holiday.
24 (i) Noise sources associated with maintenance of real'
property provided said activities take place between the
25 hours of 7:00 a.m. and 6:00 p.m. on any day except Sunday
or City observed federal holidays~ or between the hours
26 of 9:00 a.m. and 6:00 p.m. on Sunday or City observed
federal holidays."
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1 Ordinance No. 1197
Page 4
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3 Section V
4 If any section, subsection, sentence,. clause, phrase or
portion of this ordinance is for any reason held out be
5 invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
6 validity of the remaining portions of this ordinance. The
City Council of the City of Tustin hereby declares that it
7 would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof
8 irrespective of the fact that any one or more sections,
subsections, sentences, cla.uses, phrases, or portions be
9 declared invalid or unconstitutional.
10 PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 16th day of March, 1998.
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14 J~F'R~Y/. THOMAS, Mayor
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18 PAMEL~'STO~R~ ~~~~erk
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City of TuStin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1197
Pamela Stoker, City Clerk and ex-officio Clerk .of the City Council of the City of Tustin, Califomia,
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. 11.97 was introduced at a regular
meeting of the City Council on March 2, 1998, and was passed and adopted at a regular meeting
of the City Council held on March 16, 1998 by the following vote:
COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Ports
mela Stoker, City Clerk