HomeMy WebLinkAboutORD 1505 (2020)ORDINANCE NO. 1505
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING SECTION 9404137 AND AMENDING SECTIONS 9402,
9404A1 H, 9404A1 K, AND 9404132 OF CHAPTER 4 OF ARTICLE 9 OF THE
TUSTIN CITY CODE, RELATING TO FREEWAY ADJACENT DIGITAL DISPLAY
BILLBOARDS
The City Council of the City of Tustin does hereby ordain as follows:
SECTION I. Findings. The City Council finds and determines as follows:
A. The City of Tustin Sign Regulations are set forth in Chapter 4 of Article 9 of
the Tustin City Code.
B. The Sign Regulations generally prohibit "off -premises" signs defined to
include any commercial sign or structure 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.
C. The proposed Code Amendment 2019-002 would exempt certain "freeway
adjacent digital display billboards" from the Sign Regulations prohibition of off -premises
signs. Digital display billboards include pole signs or changeable copy signs, which
feature a digital display, 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,
which is located within four hundred (400) feet of either the Interstate 5 freeway or the SR
55 freeway right-of-way.
D. The proposed Code Amendment 2019-002 would permit freeway adjacent
digital display billboards in commercial zones, upon approval of a Conditional Use Permit,
and subject to the reasonable restrictions and criteria intended ensure the public health
and safety concerning the location, distance from residential uses, height, size, design,
orientation, brightness and display cycle of such signs. Further, no freeway adjacent
digital display billboard may be approved without the City Council finding that approval
will confer a substantial public benefit to the City and the public, and that the sign will not
(1) create a traffic or safety hazard, (2) create a nuisance to adjacent property, and (3)
will not result in any undue or significant increase in visual clutter in the area surrounding
the sign.
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E. The proposed Code Amendment 2019-002 will not lead to a proliferation of
new signage because no freeway adjacent digital display billboard will be approved
unless it replaces — on the same parcel — alters, or modifies the structure, display and/or
content of an existing legally non -conforming off -premises sign or electronic changeable
copy sign.
F. The proposed Code Amendment 2019-002 is considered a "project" subject
to the terms of the California Environmental Quality Act ("CEQA"). The City of Tustin
prepared a Draft Initial Study/Mitigated Negative Declaration. The Draft was made
available for public review between November 14, 2019, to December 4, 2019.
G. The Initial Study/Mitigated Negative Declaration was prepared to identify
and mitigate any potential environmental impacts that would result from the proposed
Code Amendment 2019-002 and the study found that, although there is evidence that the
proposed project may have an effect on the environment, there will not be a significant
effect in this case because mitigation measures have been added to the project.
Therefore, the preparation of an Environmental Impact Report is not required.
H. The proposed Code Amendment 2019-002 is consistent with the Tustin
General Plan in that it complies with the following goal:
Land Use Element Goal 4 to assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
I. That on December 10, 2019, a public hearing was duly noticed, called, and
held on Code Amendment 2019-002 by the Planning Commission. The Planning
Commission adopted Resolution Nos. 4396 and 4397 and recommended that the City
Council approve Code Amendment 2019-002.
J. That on January 21, 2020, a public hearing was duly noticed, called, and
held on Code Amendment 2019-002 by the City Council.
SECTION II. The following definitions in Section 9402 of Chapter 4 of Article 9 of the
Tustin City Code are hereby added or amended to read as follows (new text underlined;
deletions in strikethrough):
"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 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
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device which suggests movement, but not including flags., eF banner signs., or
freeway adjacent digital display billboards.
"Digital display" means a sign face that displays images through the use of
grid lights, cathode-ray projections, light -emitting diodes (LEDs), plasma screens,
liquid -crystal displays (LCDs), fiber optics, or other electronic media or functionally
equivalent technology.
"Freewav adiacent diaital disglav billboard" means a pole sian or
changeable copy sign, which features a digital display, erected and/or maintained
for advertising, in whole or in part, a business, activity, service or product not sold
or produced on the premises upon which the sign is placed, which is located on a
commercially zoned parcel within four hundred (400) feet of either the Interstate 5
freeway or the SR 55 freeway right-of-way; see section 9404b(7).
Off -premises sign" means a commercial 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, but not
including a freeway adjacent digital display billboard.
SECTION III. Section 9404a1(h) and (k) of Chapter 4 of Article 9 of the Tustin City Code
are hereby amended to read as follows (new text underlined):
(h) Flashing signs, but not includinq freeway adjacent digital display billboards
approved pursuant to section 9404b(7).
(k) Off -premises signs, except those erected or caused to be erected by the City,
freeway adjacent digital display billboards approved pursuant to section
9404b(7),temporary off -premises commercial signs, human signs, and
temporary noncommercial signs.
SECTION IV.Section 9404b(2) of Chapter 4 of Article 9 of the Tustin City Code is hereby
amended to read as follows (new text underlined):
2. Pole sign. All pole signs not considered either 1 freestanding freeway signs
pursuant to subsection 9404b(3), or (2) freeway adjacent digital display
billboards pursuant to subsection 9404b(7), 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.
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(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 (1) per street frontage, (2) maintain a minimum of
one hundred (100) lineal feet from any other monument sign or
freestanding sign in the center, and (3) be set back a minimum of twenty-
five (25) feet from interior side property line or maintain a minimum of
fifty (50) feet from another pole or freestanding sign located on an
adjacent site.
(e) Height and size. The sign shall be compatible with the size and scale of
the project and shall not exceed twenty (20) feet in height and fifty (50)
square feet in size.
SECTION V. Section 9404b(7) of Chapter 4 of Article 9 of the Tustin City Code is hereby
added to read as follows (new text underlined):
7. Freeway adjacent digital display billboards. All freeway adjacent digital
display billboards shall require a conditional use permit granted in
accordance with section 9291 and a development agreement issued in
accordance with chapter 6 of the Tustin City Code. In addition to the findings
required by the Tustin City Code for granting a CUP and approving a
development agreement, the following restrictions and criteria shall apply:
(a) Freeway adjacent digital display billboards may only be approved in
instances where the freeway adiacent digital display billboard will
replace on the same parcel, alter, or modify the structure, display and/or
content of a legally non -conforming off -premises sign or a freeway -
oriented electronic changeable copy sign erected on or before
November 14, 2019 and subject to the following limitations:
1. Location. Freeway adjacent digital display billboards may only
be erected on commercially zoned parcels located within four
hundred (400) feet of either the Interstate 5 freeway or the SR 55
freeway right-of-way.
2. Distance from residential uses. No freeway adjacent digital
display billboard may be placed at a distance of less than 300 feet
from the property line of any residentially zoned parcel, as
measured from the border of the digital display billboard face, or
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the base of the digital display billboard structure, whichever is
closest to the residentially zoned parcel.
3. Height. The maximum height of any freeway adjacent digital
display billboard shall not exceed fifty-five (55) feet above the
pavement level of the Interstate 5 freewav or SR 55 freeway to
the bottom of the digital display.
4. Size. The maximum size of each freeway adjacent digital display
billboard face display area shall be twenty-five (25) feet in height
and sixty (60) feet in width, with the area of each face not to
exceed an overall maximum amount of fifteen -hundred 1,500
square feet, including border and trim.
Design. All freeway adjacent digital display billboards shall either
be double faced or include covered backs or facings.
Notwithstanding anything in this Chapter to the contrary, the
distance of separation between the faces on a double-faced
freeway adjacent digital display billboard may exceed eighteen
inches (18) if deemed necessary by City to maximize visibility
from the Interstate 5 freeway or the SR 55 freeway.
6. Orientation. Each freeway adjacent digital display billboard must
be oriented primarily for viewing from the Interstate 5 freeway or
the SR 55 freeway.
7. Brightness. All freeway adjacent digital display billboards must
comply with all applicable laws and regulations concerning
brightness, including, without limitation, California Vehicle Code
Section 21466.5.
Displav cvcle. A freewav adiacent diaital displav billboard ma
show a series of still images, each displayed for at least eight (8)
seconds. The still images may not move or present the
appearance of motion and may not use flashing, scintillating,
blinking, or traveling lights or any other means not providing
constant illumination. Transition or blank screen time between
one still image and the next may not exceed one (1) second.
9. Compliance with law. The owner of the freeway adjacent digital
display billboard must comply with all applicable federal, state, or
local laws, including the Highway Beautification Act of 1965 (23
United States Code Section 131), the Outdoor Advertising Act
(California Business and Professions Code Section 5200 et seg.),
and this Chapter, when constructing, operating, improving,
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maintaining, repairing, and removing the freeway adjacent digital
display billboard.
10. Public benefit. In approving a development agreement for any
freeway adjacent digital display billboard, the City Council must
find that the agreement will confer a substantial public benefit to
the City and to the general public. Such public benefits may
include, without limitation, the removal of additional legal non-
conforming billboards, advertising of City events and public
service announcements, and/or financial contributions to the City.
11. Required Findings: In approving a freeway adjacent digital
display billboard, the City Council must find that each freeway
adjacent digital display billboard:
a. Complies with the requirements of this subsection
9404b(7) and this Chapter;
b. Will not create a traffic or safety hazard;
c. Will not create a nuisance to adjacent property; and
d. Will not result in any undue or significant increase in visual
clutter in the area surrounding the parcel upon which the
freeway adjacent digital display billboard will be located.
SECTION VI. Effective Date. This Ordinance shall take effect on the 31St day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to adoption of
the Ordinance and cause this Ordinance to be published as required by law.
SECTION VII. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held out 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, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
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PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin
on this 4th day of February, 2020.
DR. ALLAN S. BERNSTEIN,
Mayor
ERICA N. YA�SUDA,
City Clerk
APPROVED AS TO FORM:
AVID E. K NDIG,
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO 1505
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do 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. 1505 was duly
passed and adopted at a regular meeting of the Tustin City Council held on the 4th day of
February, 2020, by the following vote:
COUNCILMEMBER AYES: Bernstein, Clark, Puckett, Cooper, Lumbard (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
ER CA N. Y UDA,
City Clerk
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