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Home My WebLink AboutZCA 11-03; Sign Ordinance Amendment; Zone Code Amendment (ZCA)The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: December 5, 2012 Project Planner: Chris DeCerbo Project Engineer: N/A SUBJECT: ZCA 11-03/LCPA 11-04- SIGN ORDINANCE AMENDMENT – A request for a recommendation to adopt a Negative Declaration, and recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to repeal and reenact the City’s Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) to: (1) incorporate revisions deemed necessary by the City’s legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage, (2) provide more flexible sign development standards, (3) allow electronic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a Regional Commercial General Plan land use designation that have frontage on a freeway (I-5 or SR-78) and (4) clarify the ordinance to make it more user friendly. I. RECOMMENDATION That the Planning Commission CONTINUE this item to a future date subject to renoticing. II. PROJECT DESCRIPTION This item was presented to the Planning Commission on November 21, 2012. After staff presentation and Planning Commission discussion, the item was continued to December 5, 2012. The Planning Commission provided direction to staff to revise the draft ordinance to: 1) generally reduce the amount of signage flexibility originally recommended for nonresidential uses while allowing for an appropriate amount of sign flexibility for larger sized (100,000 SF) nonresidential buildings, 2) to continue to prohibit digital signs within the City, 3) to limit campaign signs within the public right-of-way to a maximum of 20 days preceding an election and to 4) allow off-site way-finding signs within the public right-of-way provided that they are uniform in design. Staff has been unable to complete the required research and revisions to the Sign Ordinance in time for the December 5, 2012 Planning Commission meeting. Accordingly, staff is requesting that this item be continued to a date uncertain. ATTACHMENTS: 1. Staff report and attachments for November 21, 2012 1 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: November 21, 2012 Project Planner: Chris DeCerbo Project Engineer: N/A SUBJECT: ZCA 11-03/LCPA 11-04- SIGN ORDINANCE AMENDMENT – A request for a recommendation to adopt a Negative Declaration, and recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to repeal and reenact the City’s Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) to: (1) incorporate revisions deemed necessary by the City’s legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage, (2) provide more flexible sign development standards, (3) allow electronic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a Regional Commercial General Plan land use designation that have frontage on a freeway (I-5 or SR-78) and (4) clarify the ordinance to make it more user friendly. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6926 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 6927 and 6928 RECOMMENDING APPROVAL of ZCA 11-03 and LCPA 11-04 based on the findings contained therein. II. INTRODUCTION This project constitutes an overall amendment to the City’s Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) since its last comprehensive update in 2001. The objectives of the amendment focus on revisions necessary for the ordinance to continue to comply with signage constitutional case law, revisions to provide more signage flexibility than the existing ordinance allows for, revisions to allow for digital signs at select regional commercial centers and revisions to make the ordinance more readable and easier to understand by the general public. The proposed amendments are consistent with the General Plan and maintain internal consistency with the Zoning Ordinance and Local Coastal Program (LCP). With regard to the LCP Amendment, the Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is necessary. However, no portion of the LCP land use plan document is proposed to be amended. The staff report also includes a brief discussion of revisions to City Council Policy #65 (Signs on Public Property) which is not subject to review and approval by the Planning Commission but has been included as information for the Planning Commission. 2 ZCA 11-03/LCPA 11-04 – SIGN ORDINANCE AMENDMENT November 21, 2012 Page 2 Prior to scheduling this Zone Code Amendment for public hearing, staff posted the draft ordinance and revised City Council Policy #65 on the City’s website (June 25, 2012 – July 23, 2012) and distributed a request for comments letter to interested parties within the Carlsbad development community (i.e.; the Chamber of Commerce, Building Industry Association, developers and planning consultants). Additionally, the project requires a 6-week public notice period for the associated LCPA. No comments regarding the proposed ordinance revisions were received. III. PROJECT DESCRIPTION AND BACKGROUND The City’s Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) was last comprehensively amended in 2001. Since that time, staff has identified a number of issues (discussed below) with the existing Sign Ordinance, including requests from business owners for increased sign area, which merit reconsideration and potential amendment. Furthermore, a variety of ordinance amendments are recommended by the City’s legal counsel (Randall R. Morrison) who specializes in the constitutional legality of municipal sign ordinances. City staff prepared a Sign Ordinance White Paper for the City Council regarding identified signage issues within the City (See Attachment #6). On April 19, 2011 the City Council discussed the Sign Ordinance White Paper at a public workshop and directed staff to amend the Sign Ordinance and City Council Policy #65 (Signs on Public Property) to address the identified issues. Consistent with this direction, this project is a proposed amendment to the Sign Ordinance and City Council Policy #65 to: (1) incorporate revisions deemed necessary by the City’s legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage, (2) provide more flexible sign development standards, (3) allow electronic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a Regional Commercial General Plan land use designation that have frontage on a freeway (I-5 or SR-78) and (4) clarify the ordinance to make it more user friendly. Furthermore, the ordinance has been reformatted to be consistent with the standard outline format (A.1.a. i.) used in the other chapters of the Zoning Ordinance. A discussion of these and other topics is included below. 1. Constitutional Case Law The sign ordinance, which was last comprehensively amended in 2001, in large part to address constitutional case law at the time regarding the permitted regulation of signage, is proposed for further refinement toward that same legal objective. The proposed amendments include: (1) sign definition revisions to clearly differentiate between the types of sign which are either permitted or prohibited within the City, (2) clarified provisions to emphasize that an owner of a permitted sign has a right to substitute a noncommercial message for a commercial message on the sign and (3) clarifying text to emphasize that the sign ordinance can only regulate the time, place and manner of construction of any sign but may not regulate the message on the sign. ZCA 11-03/LCPA 11-04 – SIGN ORDINANCE AMENDMENT November 21, 2012 Page 3 2. Request for Standards flexibility The business community has requested that the City consider amending its Sign Ordinance to provide more flexible (less restrictive) sign standards for nonresidential buildings and uses, particularly in the midst of the ongoing economic recession, whereby businesses could greatly benefit from any additional opportunities to more easily identify their businesses. For reference, prior to 2001, the City’s Sign Ordinance was more flexible in that it primarily regulated the maximum total sign area permitted per zone by a simple formula (i.e., 2 square feet (SF) for the R-1 and R-2 zones; 20 SF for the R-3 and RD-M zones; and 1.5 SF for all other nonresidential zones times the lineal footage of building frontage). As an example, a nonresidential building with a building frontage of 200 feet would be permitted 300 SF of total signage (200’ x 1.5 SF. = 300 SF). There were generally no other comprehensive sign standards regulating the maximum permitted number and location of various sign types (i.e., wall, monument, pole and directional signs) nor their physical attributes (i.e., maximum permitted sign area, number of permitted signs or maximum sign letter height). In 2001, the City’s Sign Ordinance was comprehensively amended with the primary objective of creating more restrictive sign regulations consistent with the City’s interest in preserving the community’s aesthetic values and traffic safety, while providing adequate channels of communication and complying with current constitutional case law. Based upon these objectives, the Sign Ordinance was amended to provide more restrictive and comprehensive sign standards with respect to the permitted number, size, letter height, type, and location of signs for varying zones and uses. At that time, most of the nonresidential buildings in the City’s business parks ranged in size between 15,000 and 50,000 SF in area; few buildings, exceeded 100,000 SF in area. Accordingly, the current adopted sign standards, including the maximum wall sign area (50 SF), the number of allowed wall signs (1 to 3, depending on building size), and letter height (18” – 36”), were deemed adequate to identify the types and sizes of existing businesses. More recently, a newer generation of larger office/industrial and commercial buildings (i.e., 50,000 to 100,000 SF and greater than 100,000 SF) have been approved/built in the City (i.e., ViaSat, Life Technologies, ISIS Pharmaceuticals, Lowe’s, Bressi Ranch Self Storage). In this context, the City has reviewed a number of sign variance applications from some of the larger nonresidential businesses (Life Technologies, Lowe’s and Bressi Ranch Self Storage) requesting approval of an increase in the maximum sign area, number of signs, and letter height standards so that the signage is more appropriately proportioned and in scale with the larger size of the buildings. Based upon these circumstances, staff is recommending that the Sign Ordinance be amended to address the signage needs of these larger nonresidential buildings in a manner that provides for adequate signage identification, while continuing to maintain the overall high quality of signage aesthetics in the City. In response to these comments from the residential development and business community that the Sign Ordinance is over regulatory with respect to permitted signage, staff is recommending that some sign standards be increased in number, area and/or dimension, and for comparable land ZCA 11-03/LCPA 11-04 – SIGN ORDINANCE AMENDMENT November 21, 2012 Page 4 uses, be revised to be more uniform in sign area, height and number of signs. Additionally in order to provide more flexible standards, staff is recommending that signage which varies from the Sign Ordinance be allowed through discretionary Modified Sign Programs (MSP) as discussed below. The revised sign standards continue to achieve a good balance between providing residents and businesses an adequate opportunity to communicate while maintaining the City’s aesthetic environment. Sign Programs A sign program is a plan that integrates signs for a project with buildings, site and landscaping design to form a unified architectural statement. A sign program also functions as a master record of permitted and actual signage on a property. This information provides the City with a significant benefit in administering signs for the property. The Sign Ordinance currently mandates that comprehensive sign programs: (1) be required and approved for all master plans, specific plans, commercial projects, and industrial/office projects > 25 acres in area, (2) that new sign programs may not supersede the sign regulations of the Sign Ordinance and (3) that sign programs which were approved prior to the last comprehensive sign ordinance amendment (2001) be amended to comply with all development and design standards of the amended sign ordinance if the sign program is proposed for amendment to increase sign area. In comparison, the City’s former Sign Ordinance (pre 2001) allowed for projects with an approved sign program to vary from the sign regulations of the Sign Ordinance. Given the overall sign aesthetic and administrative benefits to the City of a comprehensive sign program for larger prominent nonresidential and master/specific planned projects, staff is recommending that the Sign Ordinance be considered for amendment to allow for projects with an approved comprehensive Modified Sign Program (MSP) to vary from the sign regulations of the Sign Ordinance. The recommended discretionary review process to vary from the sign standards (either through a Modified Minor Sign Program or a Modified Major Sign Program) is dependent on the amount of standards variation requested. Staff is recommending that the City Planner be allowed to approve variations in the permitted number, area and/or height of signs by up to 25% and the Planning Commission could approve variations from 25%+ to 50%. This would provide the signage flexibility required for these uses and would therefore reduce the number of sign variance requests, while still maintaining strong control over sign aesthetics and quality. Furthermore, staff is also recommending that other types of projects than larger prominent nonresidential and master/specific planned projects be eligible to apply for a Minor or Major Sign Program permit to vary from Sign Ordinance development standards. ZCA 11-03/LCPA 11-04 – SIGN ORDINANCE AMENDMENT November 21, 2012 Page 5 3. Digital Signs Many cities are grappling with the policy issue of whether, or to what degree, they should allow digital signs. The City’s Sign Ordinance currently prohibits digital signs. Such signs are known by various names, including “electronic message board signs”, “digital displays” or “electronic readerboards” and they are often times used by public schools and municipalities to promote community events, and in some cases auto or commercial centers on freeway corridors for advertising purposes. Regardless of name, digital signs allow the image on the sign to be changed frequently, usually by remote control. Most digital signs are capable of full motion video, which is allowed in some intense entertainment areas, such as the Las Vegas Strip or Times Square NYC. But most digital signs display a sequence of images, “slide show” style. The time that each image is on display is called “dwell time”. Cities that allow digital signs often set rules about dwell times (typically between 4 and 8 seconds), time of transition between messages (typically 1 second), brightness of the screen (typically a day allowance and night allowance) and that message displays shall be limited to the advertising of businesses conducted or services or goods available for sale, rent or use upon the same premises where the sign is located or noncommercial messages. Staff has recently received requests from the City’s regional commercial center representatives (Car Country Carlsbad and Plaza Camino Real) to allow digital signage to enable these regional centers to compete with the most modern signage technology. In response, staff is recommending that electronic message board signs or digital displays be permitted at regional commercial centers with a Regional Commercial General Plan land use designation that have frontage on a freeway (I-5 or SR-78) subject to the approval of a Conditional Use Permit (CUP) by the City Council. The specific details of the individual electronic message board sign (i.e.; the “dwell time”, the time of transition between messages and the brightness of the screen will be decided upon on a case basis for each CUP). The recommendation that the City Council be the approval authority is consistent with what other surrounding local jurisdictions within the State have required for digital signs. 4. Ordinance Reformatting The Sign Ordinance is proposed to be reformatted to be consistent with the standard outline format (A.1.a. i.) used in other chapters of the Zoning Ordinance, and reorganized to be more readable and user friendly. 5. Way-finding Signs The City has received requests from a variety of non-profit and tourist organizations (i.e. Agua Hedionda Lagoon Discovery Center and the Chamber of Commerce) to allow them to post way-finding (directional) signs off-site and within the public right-of-way or on public property to guide residents and visitors to public buildings, public facilities, quasi-public buildings, cultural/historical destinations, tourist destinations and public points of interest within Carlsbad. Although not under the review authority of the Planning Commission, staff is supportive of this request and City Council Policy #65 (Signs on Public Property) is proposed for amendment to allow for the City to post “Way-finding Signs” within the public right-of-way for this purpose. ZCA 11-03/LCPA 11-04 – SIGN ORDINANCE AMENDMENT November 21, 2012 Page 6 The signs will function to provide off-site directional guidance and easier access to visitors seeking any of these public destinations. IV. ANALYSIS For a specific description of each proposed substantive amendment and its associated analysis, please see the analysis table (Attachment 4) and the strike-out and underline version of the amendments (Attachment 5). The recommendation for approval of this project was developed by analyzing its compliance/consistency with the following: A. Carlsbad General Plan; B. Zoning Ordinance (Title 21); and C. Local Coastal Program. A. General Plan Pursuant to State Planning Law, a City’s Zoning Ordinance is one of the primary means for implementing a City’s General Plan. Accordingly, any amendment to a Zoning Ordinance is required to be consistent with the applicable policies and programs of the General Plan. While the General Plan does not include any policies or programs specifically related to signage, this proposed amendment to the Sign Ordinance is consistent with the General Plan in that the proposed amended sign standards will implement the City’s public safety and community design standards as set forth in the General Plan. Specifically, the proposed sign standards will protect and improve pedestrian and vehicular traffic safety by balancing the need for readable signs which facilitate the safe and smooth flow of traffic without an excess of signage which otherwise could distract motorists or create congestion and safety hazards. While the proposed sign standards revisions will improve the readability of signage for motorists seeking destinations, the more flexible sign standards will continue to serve the City’s interests in maintaining and enhancing its visual appeal for residents, visitors and tourists by preventing the degradation of visual quality which can result from excess signage. B. Zoning Ordinance An integral component of any zoning ordinance amendment is a requirement to find that the proposed text amendments are internally consistent with the procedures and standards of the rest of the existing zoning ordinance that is not proposed for amendment. With the exception of Subsection 21.208.100(B) of the Commercial/Visitor Serving Overlay Zone, all Zoning Ordinance standards and procedures relating to signage are located within the Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code). None of the proposed Sign Ordinance revisions are inconsistent with Subsection 21.208.100(B) of the Commercial/Visitor Serving Overlay Zone or other provisions of the Zoning Ordinance. ZCA 11-03/LCPA 11-04 – SIGN ORDINANCE AMENDMENT November 21, 2012 Page 7 C. Local Coastal Program The existing Sign Ordinance (Chapter 21.41 of the CMC) is included in the City’s Zoning Ordinance, which is one of the implementing ordinances for the Local Coastal Program (LCP). Because the proposed amendment to the Sign Ordinance would apply within the City’s Coastal Zone, a Local Coastal Program Amendment is being processed to ensure consistency between the proposed amended Sign Ordinance and the City’s LCP. LCPA 11-04 will add the replacement version of the Sign Ordinance to the implementation portion of all of the City’s LCP segments. The policies of the Local Coastal Program emphasize topics such as preservation of agricultural lands and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The Mello II segment does however include one Signage Policy 8.5. With respect to signage in the Coastal Zone, Section 21.41.090 of the Sign Ordinance (Coastal zone sign standards) includes the coastal zone sign standards of Policy 8.5 and specifies that if there is a conflict between the coastal zone sign standards of this section and any other regulations of the Sign Ordinance, the coastal zone sign standards shall prevail. Otherwise, within the coastal zone, the sign regulations of the Sign Ordinance shall apply. Therefore, the proposed Sign Ordinance is consistent with the City’s LCP. V. ENVIRONMENTAL REVIEW Staff has conducted an environmental impact assessment (EIA) to determine if the project could have a potentially significant impact on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The EIA concluded that the project would not result in a potentially significant impact on the environment. In consideration of the foregoing, the City Planner issued a Notice of Intent to adopt a Negative Declaration for the project on July 13, 2012. No comments were received during the 30-day review period (July 13, 2012 – August 13, 2012). ATTACHMENTS: 1. Planning Commission Resolution No. 6926 (ND) 2. Planning Commission Resolution No. 6927 (ZCA) 3. Planning Commission Resolution No. 6928 (LCPA) 4. Analysis table for proposed Sign Ordinance and City Council Policy #65 text amendments 5. Strike-out and underline version of the proposed Sign Ordinance and City Council Policy #65 text amendments 6. Sign Ordinance White Paper 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO REPEAL AND REENACT THE CITY’S SIGN ORDINANCE (CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE) TO: (1) PROVIDE MORE FLEXIBLE SIGN DEVELOPMENT STANDARDS, (2) INCORPORATE REVISIONS DEEMED NECESSARY BY THE CITY’S LEGAL COUNSEL TO ADDRESS FIRST AMENDMENT ISSUES ASSOCIATED WITH THE PERMITTED REGULATION OF NON-COMMERCIAL SIGNAGE, (3) TO ALLOW ELECTRONIC MESSAGE BOARD SIGNS OR DIGITAL DISPLAYS AT REGIONAL COMMERCIAL CENTERS (PLAZA CAMINO REAL AND CAR COUNTRY CARLSBAD) WITH A REGIONAL COMMERCIAL GENERAL PLAN LAND USE DESIGNATION THAT HAVE FRONTAGE ON A FREEWAY (I-5 OR SR-78) AND TO (4) CLARIFY THE ORDINANCE TO MAKE IT MORE USER FRIENDLY. CASE NAME: SIGN ORDINANCE AMENDMENT CASE NO.: ZCA 11-03/LCPA 11-04 WHEREAS, the City of Carlsbad “Applicant,” has filed a verified application with the City of Carlsbad regarding property described as Citywide (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on November 21, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration, PLANNING COMMISSION RESOLUTION NO. 6926 PC RESO NO. 6926 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit “ND,” according to Exhibits “Notice of Intent (NOI),” and “Environmental Impact Assessment Form – Initial Study (EIA),” attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Negative Declaration for SIGN ORDINANCE AMENDMENT – ZCA 11-03/LCPA 11-04, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 21, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: MICHAEL SCHUMACHER, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner ~ ~~CARLSBAD FILE COPY 1·11·);2 Community & Economic Development www.carlsbadca.gov CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION Sign Ordinance Amendment ZCA 11-03/ LCPA 11-04 Citywide PROJECT DESCRIPTION: This project is a proposed amendment to the Sign Ordinance: (1) to provide more flexible sign development standards, {2) to incorporate revisions deemed necessary by the City's legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage, (3) to allow electronic message board signs at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a regional commercial general plan land use designation that have frontage on a freeway (1-5 or 1-78) and (4) to clarify the ordinance to make it more user friendly. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission and City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: {1) identify the specific effect; {2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Division within 30 days ofthe date ofthis notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the Planning Commission and City Council. A public notice will be issued when those public hearings are scheduled. If you have any questions, please call Chris DeCerbo in the Planning Division at (760) 602-4611. PUBLIC REVIEW PERIOD PUBLISH DATE Planning Division July 13. 2012-August 13. 2012 July 13, 2012 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CASE NAME: CASE NO: PROJECT LOCATION: NEGATIVE DECLARATION Sign Ordinance Amendment ZCA 11-03/ LCPA 11-04 Citywide PROJECT DESCRIPTION: This project is a proposed amendment to the Sign Ordinance (CMC Chapter 21.41): (1) to provide more flexible sign development standards, (2) to incorporate revisions deemed necessary by the City's legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage, (3) to allow electronic message board signs at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a regional commercial general plan land use designation that have frontage on a freeway (1-5 or 1-78) and (4) to clarify the ordinance to make it more user friendly DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment, and the City of Carlsbad finds as follows: The proposed project COULD NOT have a significant effect on the environment. A copy of the initial study (EtA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: [CLICK HERE date) pursuant to [CLICK HERE Administrative Approval, PC/CC Resolution No., or CC Ordinance No.) ATTEST: DON NEU City Planner ENVIRONMENTAL IMPACT ASSESSMENT FORM – INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DIVISION) CASE NO: ZCA 11-03/LCPA 11-04 DATE: July 1, 2012 BACKGROUND 1. CASE NAME: SIGN ORDINANCE AMENDMENT 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad – 1635 Faraday Avenue, Carlsbad, CA 92008 3. CONTACT PERSON AND PHONE NUMBER: Chris DeCerbo, Principal Planner – (760) 602-4611 4. PROJECT LOCATION: Citywide 5. PROJECT SPONSOR’S NAME AND ADDRESS: Same as Lead Agency, above 6. GENERAL PLAN DESIGNATION: N/A – not site-specific 7. ZONING: N/A – not site-specific 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commission (Local Coastal Program Amendment) 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The City’s Sign Ordinance (CMC Chapter 21.41) was last comprehensively amended in 2001. Since that time, staff has identified a number of issues with the existing Sign Ordinance, including concerns expressed by business owners with respect to permitted signage, which merit reconsideration and potential amendment. This project is a proposed amendment to the Sign Ordinance: (1) to provide more flexible sign development standards, (2) to incorporate revisions deemed necessary by the City’s legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage, (3) to allow electronic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a regional commercial general plan land use designation that have frontage on a freeway (I-5 or I-78) and (4) to clarify the ordinance to make it more user friendly. The proposed amendments include the following substantive changes: 1. Incorporate revisions deemed necessary by the City’s legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage. 2. Provide more flexible sign standards and allow for project’s with a Modified Sign Program to vary from the sign standards (i.e.; permitted number, area and height of signs) of the sign ZCA 11-03/LCPA 11-04 – Sign Ordinance 2 Rev. 10/18/10 ordinance subject to specific findings being made and subject to the approval of a Modified Minor Sign Program by the City Planner or a Modified Sign Program by the Planning Commission. The City Planner would have the discretion to approve modifications in sign area, sign height and permitted number of signs by up to 25% of the maximums permitted by the Sign Ordinance and the Planning Commission could approve modifications from greater than 25% up to 50%. The proposed findings require continued consistency with the General Plan and Local Coastal Program and address those factors that are typically associated with the request including unique size, location, orientation or visibility of the building or freestanding sign. 3. Allow electronic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a regional commercial general plan land use designation that have frontage on a freeway (I-5 or I-78) subject to the approval of a Conditional Use Permit by the City Council. 4. This project also includes a revision to City Council Policy #65 (Signs on Public Property) to allow the City to post way-finding (directional) signs off-site and within the public right-of-way or on public property to guide residents and visitors to public buildings and facilities, quasi-public buildings, city neighborhoods, philanthropic organizations, cultural/historical destinations, tourist destinations and points of public interest within Carlsbad and other uses, locations or destinations as approved by resolution of the City Council. A variety of other ordinance and sign standards revisions are proposed; however, they are minor in nature and are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity will have a significant impact on the environment, the activity is not subject to CEQA. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. ZCA 11-03/LCPA 11-04 – Sign Ordinance 3 Rev. 10/18/10 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. Aesthetics Agricultural and Forestry Resources Air Quality Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions Hazards/Hazardous Materials Hydrology/Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation/Traffic Utilities & Service Systems Mandatory Findings of Significance ZCA 11-03/LCPA 11-04 – Sign Ordinance 5 Rev. 10/18/10 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly adverse. Based on an “EIA-Initial Study”, if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. ZCA 11-03/LCPA 11-04 – Sign Ordinance 6 Rev. 10/18/10 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. ZCA 11-03/LCPA 11-04 – Sign Ordinance 7 Rev. 10/18/10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? No Impact - The amendment to the standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and therefore does not: a) adversely affect a scenic vista; b) substantially damage scenic resources; c) degrade the visual character of any site; or d) create substantial light or glare that would adversely affect day or nighttime views. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards and could: a) adversely affect a scenic vista; b) substantially damage scenic resources; c) degrade the visual character of any site; or d) create substantial light or glare that would adversely affect day or nighttime views will be subject to further environmental review pursuant to CEQA on a project-specific basis. Furthermore, since the percentage increase in sign number, area or height permitted through a discretionary modified sign program is limited to 50% and specific findings are required to be made to approve this discretionary permit, adequate control over sign aesthetics and visual quality will still be maintained. ZCA 11-03/LCPA 11-04 – Sign Ordinance 8 Rev. 10/18/10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURAL AND FOREST RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? No Impact - The amendment to the standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that could: a) result in the conversion of farmland to a non-agricultural use; b) conflict with any existing zoning for agricultural uses or a Williamson Act contract; or c) result in changes to the existing city environment that would cause the conversion of farmland to a non-agricultural use. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has ZCA 11-03/LCPA 11-04 – Sign Ordinance 9 Rev. 10/18/10 freeway frontage that is processed pursuant to the amended sign will be subject to further environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a) No Impact. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that could conflict or obstruct implementation of the regional air quality plan. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. ZCA 11-03/LCPA 11-04 – Sign Ordinance 10 Rev. 10/18/10 The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city’s and the County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. The amendment to the Sign Ordinance is consistent with the General Plan. Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: Is a regional air quality plan being implemented in the project area? Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. As previously mentioned, the proposed amendments involve text amendments to the Sign Ordinance and City Council Policy #65, and do not include a proposal for physical development of any property. Furthermore, the project does not propose any change that would conflict with or obstruct implementation of an air quality plan. Future development projects that are subject to the amended standards will be reviewed for consistency with the growth assumptions of the City’s General Plan and the RAQS. Therefore, the project is consistent with the growth assumptions in the regional air quality plan and will in no way conflict with or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not involve physical development of any site nor any changes to air quality planning/standards. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that could result in a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site- specific basis. d) No impact. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in exposing sensitive receptors to pollutant concentrations. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. e) No Impact. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in an activity that could create objectionable odors. Any future Modified Sign Program to vary from the standards of the ZCA 11-03/LCPA 11-04 – Sign Ordinance 11 Rev. 10/18/10 sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact (a, b, c & d) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in an adverse effect on any sensitive habitat or species, or interference with any native or migratory wildlife corridor or native wildlife nursery site. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (e & f) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in a conflict with local policies and ordinances that protect biological resources or the provisions of any ZCA 11-03/LCPA 11-04 – Sign Ordinance 12 Rev. 10/18/10 habitat conservation plan. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi-cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact (a, b, c & d) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in a disturbance of any human remains or an adverse impact to any historical, archeological, or paleontological resource. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis and will be subject to the City’s Cultural Resource Guidelines. ZCA 11-03/LCPA 11-04 – Sign Ordinance 13 Rev. 10/18/10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact (a) – There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active of potentially active faults within the City. However, there are several active faults throughout Southern California, and these potential earthquakes could affect Carlsbad. Landslides are also a potential threat in parts of the City. All development proposals in Carlsbad are subject to requirements such as the Uniform Building Code earthquake construction standards and soil remediation that when necessary ensure potential adverse effects are not significant. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would expose people or structures to potential adverse effects from a known earthquake fault, ground shaking, seismic-related ground failure or landslides. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which ZCA 11-03/LCPA 11-04 – Sign Ordinance 14 Rev. 10/18/10 has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (b) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in substantial soil erosion on any site. Any future development proposal that is subject to the amended standards will be subject to the City’s Engineering standards on a site-specific basis. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (c, d & e) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in impacts to unstable or expansive soil conditions. Any future development proposal that is subject to the amended standards will be subject to the City’s engineering standards on a site-specific basis. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VII. GREENHOUSE GAS EMISSIONS - Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purposes of reducing the emissions of greenhouse gases? No Impact (a and b) The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose any development that would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment or conflict with an applicable plan, policy or regulation adopted for the purposes of reducing the emissions of greenhouse gases. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. ZCA 11-03/LCPA 11-04 – Sign Ordinance 15 Rev. 10/18/10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VIII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact (a, b, c & d) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in hazards associated with exposure to hazardous materials. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. ZCA 11-03/LCPA 11-04 – Sign Ordinance 16 Rev. 10/18/10 No Impact (e & f) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in exposing people to hazards associated with an airport. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (g & h) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would interfere with the implementation of an adopted emergency response or evacuation plan, or result in exposing people to risk from wildland fires. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. ZCA 11-03/LCPA 11-04 – Sign Ordinance 17 Rev. 10/18/10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact IX. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ZCA 11-03/LCPA 11-04 – Sign Ordinance 18 Rev. 10/18/10 No Impact (a, b, c, d, e & f) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would conflict with any water quality standards, impact groundwater supplies/quality, alter any drainage pattern, impact the capacity of existing or planned stormwater drainage systems, or result in the degradation of water quality. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (g, h, i, j & k) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in placing housing or any structures within a 100-year flood hazard area, or expose people or structures to flooding or inundation by seiche, tsunami or mudflow. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (l, m, n & o ) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in increased erosion or pollutant discharges into any surface waters, a change to receiving water quality, or an exceedance of receiving water quality objectives. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact (a) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in the division of an established community. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (b) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating environmental effects. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed ZCA 11-03/LCPA 11-04 – Sign Ordinance 19 Rev. 10/18/10 pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (c) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would conflict with any habitat conservation plan or natural community conservation plan. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XI. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact (a & b) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in the loss of availability of a mineral resource. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. ZCA 11-03/LCPA 11-04 – Sign Ordinance 20 Rev. 10/18/10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XII. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact (a, b, c & d) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in exposing people to excessive noise levels or groundbourne vibrations, or increase noise levels. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (e & f) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in exposing people to excessive noise levels associated with an airport. In addition, the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) will ensure that future residential development will not be exposed to excessive noise levels generated by the airport. Also, any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. ZCA 11-03/LCPA 11-04 – Sign Ordinance 21 Rev. 10/18/10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XIII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact (a, b, & c) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and therefore will not directly induce any growth. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? No Impact (a) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in ZCA 11-03/LCPA 11-04 – Sign Ordinance 22 Rev. 10/18/10 adverse impacts to the maintenance of acceptable service ratios, response times or other performance objectives for any public service (fire & police protection, schools, parks and other public facilities). Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Impact (a & b) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site and therefore it will have no impact on recreational facilities or parks. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. ZCA 11-03/LCPA 11-04 – Sign Ordinance 23 Rev. 10/18/10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVI. TRANSPORTATION/TRAFFIC - Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? No Impact (a) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site therefore it will not generate any traffic. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (b) – SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: LOS Rancho Santa Fe Road “A-D” El Camino Real “A-D” Palomar Airport Road “A-D” SR 78 “F” . ZCA 11-03/LCPA 11-04 – Sign Ordinance 24 Rev. 10/18/10 The Congestion Management Program’s (CMP) acceptable Level of Service (LOS) standard is “E”, or LOS “F” if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS “F” in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) “E” standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. This project proposes no physical development of a property. Further, it does not propose to change or add a standard that would affect levels of service as established by the CMP. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (c) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in a change in air traffic patterns or result in substantial safety risks associated with air traffic patterns. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (d) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would cause a future project to increase hazards due to a design feature or incompatible use. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (e, f & g) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in inadequate emergency access or parking capacity nor affect any regulation that would conflict with adopted policies, plans or programs supporting alternative transportation. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. ZCA 11-03/LCPA 11-04 – Sign Ordinance 25 Rev. 10/18/10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVII. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact (a) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would cause future development to exceed any wastewater treatment requirements. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (b, c, d & e) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would increase the need for, or conflict with the current growth projections for water facilities, wastewater treatment or drainage facilities. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. ZCA 11-03/LCPA 11-04 – Sign Ordinance 26 Rev. 10/18/10 No Impact (f & g) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would conflict with any regulations related to solid waste, or impact the ability to accommodate solid waste disposal needs within the city. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula-tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? No Impact (a) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (b) – San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc, are established to reduce the cumulative impacts of development in the region. All of the City’s development standards and regulations are consistent with the region-wide standards. The City’s standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. ZCA 11-03/LCPA 11-04 – Sign Ordinance 27 Rev. 10/18/10 There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. Development of future signs subject to the amended sign standards will not contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, air quality would be essentially the same whether or not a sign pursuant to the sign standards is implemented. With regard to circulation, the County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA has determined, based on the City’s growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The proposed amendments will not affect any policies or standards that would conflict with City or region-wide standards. Also, the proposed amendments do not include a proposal for physical development of any site; therefore, the project will not result in an individually or cumulatively considerable environmental impact. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (c) – The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would cause substantial adverse effects on human beings, either directly or indirectly. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. ZCA 11-03/LCPA 11-04 – Sign Ordinance 28 Rev. 10/18/10 XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. ZCA 11-03/LCPA 11-04 – Sign Ordinance 29 Rev. 10/18/10 EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Division located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Division. March 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Division, dated March 1994. 3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Division, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Division, final approval dated November 2004. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO REPEAL AND REENACT THE CITY’S SIGN ORDINANCE (CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE) TO: (1) PROVIDE MORE FLEXIBLE SIGN DEVELOPMENT STANDARDS, (2) INCORPORATE REVISIONS DEEMED NECESSARY BY THE CITY’S LEGAL COUNSEL TO ADDRESS FIRST AMENDMENT ISSUES ASSOCIATED WITH THE PERMITTED REGULATION OF NON-COMMERCIAL SIGNAGE, (3) TO ALLOW ELECTRONIC MESSAGE BOARD SIGNS OR DIGITAL DISPLAYS AT REGIONAL COMMERCIAL CENTERS (PLAZA CAMINO REAL AND CAR COUNTRY CARLSBAD) WITH A REGIONAL COMMERCIAL GENERAL PLAN LAND USE DESIGNATION THAT HAVE FRONTAGE ON A FREEWAY (I-5 OR SR-78) AND TO (4) CLARIFY THE ORDINANCE TO MAKE IT MORE USER FRIENDLY. CASE NAME: SIGN ORDINANCE AMENDMENT CASE NO.: ZCA 11-03 WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal Code, the City of Carlsbad has prepared an amendment to Title 21 of the Municipal Code relating to standards of the Sign Ordinance (CMC 21.41); and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “X,” dated November 21, 2012, and attached hereto SIGN ORDINANCE AMENDMENT – ZCA 11-03; and WHEREAS, the Planning Commission did on November 21, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. PLANNING COMMISSION RESOLUTION NO. 6927 PC RESO NO. 6927 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of SIGN ORDINANCE AMENDMENT – ZCA 11-03, based on the following findings: Findings: 1. The proposed Zone Code Amendment, ZCA 11-03, is consistent with the General Plan in that: (a) the proposed sign standards will protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic without an excess of signage which otherwise could distract motorists or create congestion and safety hazards and (b) the sign standards furthermore serve the City’s interests in maintaining and enhancing its visual appeal for residents, visitors and tourists by preventing the degradation of visual quality which can result from excess signage. 2. The proposed Zone Code Amendment, ZCA 11-03, reflects sound principles of good planning in that it: a) ensures internal consistency with the procedures and standards of the rest of the existing Zoning Ordinance that is not proposed for amendment; and b) implements the policies and programs of the General Plan. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 21, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: MICHAEL SCHUMACHER, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner Exhibit “X” November 21, 2012 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING AND REENACTING THE CITY’S SIGN ORDINANCE, TITLE 21, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE. CASE NAME: SIGN ORDINANCE AMENDMENT CASE NO.: ZCA 11-03/LCPA 11-04 WHEREAS, the Sign Ordinance was last comprehensively amended in 2001; and WHEREAS, since that time staff has identified a number of issues with the existing Sign Ordinance which were identified in a “white paper,” dated April 12, 2011, to the City Manager; and WHEREAS, on April 19, 2011 the City Council discussed the Sign Ordinance and “white paper” at a public workshop and directed staff to address the issues identified in the “white paper” through an amendment to the Sign Ordinance. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That Chapter 21.41 of the Carlsbad Municipal Code is repealed in its entirety and reenacted as follows: Sections: 21.41.005 Purpose. 21.41.010 Applicability. 21.41.020 Definitions. 21.41.025 General provisions. 21.41.030 Prohibited signs. 21.41.040 Signs on private property not requiring a sign permit. 21.41.050 Application and permit procedures. 21.41.060 Sign programs and modified sign programs. 21.41.070 General sign standards. 21.41.080 Sign design standards. 21.41.090 Coastal zone sign standards. 21.41.095 Permitted permanent signs. 21.41.100 Permitted temporary signs. 21.41.110 Construction and maintenance. 21.41.120 Removal of signs. 21.41.125 Appeal of denial or revocation. 21.41.130 Nonconforming signs. 21.41.140 Remedies and penalties. 21.41.150 Violations. 21.41.160 Severability. ORDINANCE NO. Exhibit “X” November 21, 2012 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.41.005 Purpose. A. The purposes of the sign ordinance codified in this chapter include to: 1. Implement the city's community design and safety standards as set forth in the general plan; 2. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs; 3. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics; 4. Eliminate the traffic safety hazards to pedestrians and motorists posed by off-site signs bearing commercial messages; 5. Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public; 6. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages; 7. Allow the expression of political, religious and other noncommercial speech at all times and allow for an increase in the quantity of such speech in the period preceding elections; 8. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic (i.e., traffic directional signs) without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards; 9. Minimize the possible adverse effects of signs on nearby city and private property; 10. Serve the city's interests in maintaining and enhancing its visual appeal for tourists and other visitors, by preventing the degradation of visual quality which can result from excess signage; 11. Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the city; 12. Defend the peace and tranquility of residential zones and neighborhoods by generally forbidding commercial signs on private residences, while allowing residents the opportunity, within reasonable limits, to express political, religious and other noncommercial messages from their homes; and 13. Enable the fair, consistent and efficient enforcement of the sign regulations of the city. 21.41.010 Applicability. A. The provisions of this chapter shall apply generally to all zones established by this title. B. Properties and uses in the village review (VR) zone are regulated first by the sign standards of the Carlsbad village master plan and design manual, and then, to the extent not covered by said master plan and design manual, by the provisions of this chapter. C. Signs on city property, both within the village review zone and other zones, are controlled by City Council Policy, not by this chapter. D. In those areas of the city where master plan or specific plan sign standards or sign programs are adopted by ordinance as special zoning regulations, those sign standards or sign programs shall apply; however, the "message substitution" provisions of this chapter, section 21.41.025(2), shall apply to such programs and plans. E. All other sign programs that were approved prior to the effective date of this chapter, but not by ordinance, are subject only to the "message substitution" provisions of Exhibit “X” November 21, 2012 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this chapter (section 21.41.025(2)). F. Except as noted in the preceding paragraph, a sign, as defined in this chapter, may be affixed, erected, constructed, placed, established, mounted, created or maintained only in conformance with the standards, procedures and other requirements of this chapter. The standards regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise stated. 21.41.020 Definitions. A. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: 1. "Abandoned sign" means any sign that meets any of the following criteria: a. Sign is located on property that becomes vacant or unoccupied for a period of at least 90 days, b. Sign which pertains to any occupant or business unrelated to the premises' present occupant or business, or c. Sign which pertains to a time, event or purpose which no longer applies. 2. "Abate" means to put an end to and physically remove. Discontinuance of a sign without removal of the entire sign structure shall not constitute abatement. 3. “Advertising for hire”. See “General advertising” 4. "Address sign" means the identification of the location of a building or use on a street by a number(s). 5. "A-frame sign" means a freestanding sign, not higher than five feet and not wider than three feet, designed to be easily movable and to rest on the ground without being affixed to any object or structure. Such signs are commonly in the shape of the letter "A," but may also be in the shape of an inverted letter "T" or a letter "H," functionally similar signs are also within this definition. 6. "Animated sign" means any sign with action or motion or color changes, whether or not requiring electrical energy or set in motion by wind. This definition includes digital signs and excludes flags. 7 "Attraction board" means a sign capable of supporting copy which is readily changeable, such as theater marquee, and which refers to products, services or coming events on the premises. 8. "Average grade" means the average level of the finished surface of the ground directly beneath a monument or pole sign. 9. "Awning sign" means a sign that is a part of, or attached to, an awning, canopy or other fabric, metal, plastic or structural protective cover over a door, entrance, window, architectural feature or outdoor service area. A marquee is not an awning or canopy. 10. "Balloon" means a small inflatable device used for purposes of commercial signage, advertising or attention getting. See also "inflatable signs." 11. "Banner" means any sign made of cloth, lightweight fabric, bunting, plastic, vinyl, paper or similar material that is permanently or temporarily placed on, or affixed to, real property in a location where it is visible to the public from outside of the building or structure. A flag, as defined, shall not be considered a banner. 12. "Beacon" means a stationary or revolving light (including laser lights, klieg lights, spot lights, search lights, projected image signs and similar devices) with one or more beams projected into the atmosphere or directed at one or more points away from the light source and used for purposes other than police, fire, public safety or news gathering operations. 13. "Bench sign" means a sign painted on or affixed to any portion of a bench or seating area at bus stops or other such pedestrian areas. 14. "Billboard" means a permanent structure sign in a fixed location which meets any one or more of the following criteria: a. Sign is used for the display of off-site commercial advertising; Exhibit “X” November 21, 2012 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Sign is used for general advertising, also known as advertising for hire; c. Display space on the sign is customarily used to display messages sponsored by persons or entities other than the owner of the sign and/or the owner of the land on which the sign is located; or d. The sign is not accessory or appurtenant to a principle use of the land. 15. "Building frontage" means the total width of the elevation of a building which fronts on a public or private street or the building elevation along which the main entrance exists. For the purposes of calculating permitted sign area, every building has only one building frontage. If more than one business is located in a single building, then such area shall be limited to that portion which is occupied by each individual business or establishment. 16. "Building marker" means a sign cut into a masonry surface or made of bronze or similar material permanently affixed to a public building or building of designated historic significance. 17. "Bus stop signs" means a sign mounted on a shelter which serves as a bus stop or passenger waiting area for public transportation; this definition does not include devices giving the schedule and/or prices for the transportation service. 18. "Canopy sign." See "awning sign." 19. "Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be physically or mechanically changed or rearranged without altering the face or the surface of the sign. This does not include a digital sign. 20. "Channel lettered sign" means a sign with individually cut, three dimensional letters or figures affixed to a building or sign structure. 21. “City property” means all land located within the corporate limits of the city to which the City holds the present right of possession and control, or is part of the public right-of-way located within the city. The definition also includes facilities and properties owned or operated by the city. 22. "Commercial center" means a commercial development that includes predominantly retail businesses with access driveways or parking spaces shared by one or more of the businesses. 23. “Commercial mascot” means a live person or animal so attired or costumed as to portray or express a commercial image when visible from any portion of the public right-of-way. 24. "Commercial signage" or "commercial message" means any sign or sign copy with wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity or which proposes a commercial transaction or relates primarily to commercial or economic interests. 25. "Construction sign" means a temporary sign displayed on real property on which construction of new improvements is occurring during the time period which begins with the issuance of the first necessary permit for the construction and ends with the latest of any of the following, or their functional equivalents: notice of completion or certificate of occupancy.. 26. "Cornerstone" means stone or other wall portion laid at or near the foundation of a building and which indicates in permanent markings the year of construction. Also called “foundation stone”. 27. "Directional sign" means an on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site. 28. "Directory sign" means a sign listing the persons, activities or tenants located on-site. 29. "Eaveline" means the bottom of the roof eave or parapet. 30. "Electronic message board sign" or “digital display”, also known as CEVMS (Changeable Electronic Variable Message Sign), message center (Business and Professions Code 5216.4) or Electronic Message Center means a sign that can be Exhibit “X” November 21, 2012 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 programmed to display different electronic messages or images. The term includes a sign which, for all or part of its display area, uses digital technology, such as , light emitting diodes (LED), liquid crystal display (LCD), plasma display, projected images or functionally equivalent technologies, often by automatic or remote control. 31. "Establishment" means any organization or activity which uses land for purposes other than residential use. It includes all business and commercial uses, as well as institutional, public, semi-public and other noncommercial uses but does not include private residential uses; however hotels, motels, inns, bed and breakfast places, etc. are within this definition. Automated facilities, which have live persons in attendance only during limited or maintenance hours (i.e., power transformer stations, broadcasting towers, water tanks, weather data collection stations, vending machines, etc.) are not within this definition. 32. "Externally illuminated" means illuminated by a light source that is located externally to the sign surface. This method of lighting may include, but is not limited to, spotlighting or backlighting. 33. “Façade sign” means a sign fastened to the exterior walls of a building exposed to public view. See also “wall sign”. 34. "Fascia sign" means a sign fastened to or engraved in the band or board at the edge of a roof overhang. 35. "Flag" means a device, generally made of flexible materials such as cloth, fabric, paper or plastic, usually used as a symbol of a government, political subdivision, public agency, company logo, belief system or concept. 36. "Freestanding commercial building" means a building occupied by a single user retail business, or a noncommercial use located in a zoning district where commercial activities are allowed, that has direct vehicular access to an adjacent street. 37. "Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and pole signs. 38. "Freeway service station" means a gas/service station located on a property that is contiguous to a freeway interchange. 39. "General advertising" means the business or practice of offering sign display space, usually for a fee or other consideration, to one or more commercial advertisers. “Advertising for hire” has the same meaning. 40. "Hand held" means those signs or visual communication devices which are held by or otherwise mounted on human beings or animals. 41. "Inflatable signs" or "inflatable attention-getting devices" means any device filled with air or gas, that is , attached or tethered to the ground, site, merchandise, building or roof and used for the purposes of commercial signage, advertising or attention getting. Commercial advertising blimps, when tethered, are within this definition. 42. "Internally illuminated" means the illumination of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face. 43. "Logo" means a trademark or symbol of an organization, belief system or concept. 44. "Marker board" means a board designed for displaying images made by chalk, markers or similar devices; includes devices commonly known as blackboards, whiteboards and chalkboards. Also includes devices sold under commercial names such as Promethean Boards, Activeboards, and functionally similar devices. 45. "Marquee" means a permanent canopy structure attached to and supported by a building and projecting near or over private sidewalks or public rights-of-way, generally located near the entrance to a hotel, theater or entertainment use, and used as a display surface for a sign message. 46. "Master plan" means a plan prepared and adopted pursuant to Chapter 21.38 of this code. 47. "Mobile billboard" means a vehicle for which the primary use is the display Exhibit “X” November 21, 2012 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of general advertising message(s). 48. "Monument sign" means a freestanding sign, which is supported by a base that rests upon the ground and of which the display or copy is an integral part of the design. Contrast; pole sign. 49. "Multi-face sign" means a sign displaying information on at least two surfaces, each having a different orientation, or on a curved surface so that the copy or image is different when viewed from different angles. 50. "Multi-tenant building" means a nonresidential building in which there exists two or more separate nonresidential tenant spaces, businesses or establishments. 51. "Neon sign" means a sign that utilizes neon or other fluorescing, inert or rarified gases within translucent tubing in or on any part of the sign structure. 52. "Noncommercial message " means any image on a sign which conveys or expresses commentary on topics of public concern and debate, including , by way of example and not limitation, social, political, educational, religious, scientific, artistic, philosophical and charitable subjects. This definition also includes signs regarding fund raising or membership drive activities for noncommercial or nonprofit concerns. 53. "Nonconforming sign" means any sign which was legally established in conformance with all applicable laws in effect at the time of original installation but which does not conform to the requirements of this chapter or other later enactments. 54. "On-site sign" means a sign displaying a commercial message which relates or pertains to the business conducted, services available or rendered or goods available for sale, rent or use, upon the same premises where the sign is located. A sign program may define "on-site" in a manner which applies only to that program. The on- site/off-site distinction applies only to commercial messages. 55. "Off-site sign" means any sign that gives directions to or identifies a commercial use, product or activity not located or available on the same premises as the sign. The on-site/off-site distinction applies only to commercial messages. There is no location criterion for noncommercial messages. 56. "Pennant" means an individual or a series of lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, designed to move in the wind. 57. "Permanent sign" means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building. The message display of a sign may be changed without affecting its character as a permanent sign. 58. "Person" means any natural person, marital estate, sole proprietorship, partnership, limited partnership, corporation (of any type or form, regardless of where incorporated), trust, association, limited liability company, unincorporated association or any other juridical person capable of legally owning, occupying or using land. 59. "Pole sign" means a freestanding sign, that is greater than six feet in height and is supported by one or more vertical supports. The definition applies even if the support poles or pylons are covered with cladding or skirting. 60. "Portable sign" means a sign made of any material which, by its design, is readily movable including, but not limited to, signs on wheels, casters and rollers, "A- frame" signs and signs attached to vehicles or trailers or water vessels. 61. "Premises" means the place where a business or other establishment is located. If there is only one business or establishment on the legal parcel, then the entire parcel is the premises. If there is more than one business or other establishment on a single parcel, then the premises is the portion of the parcel actually occupied or exclusively used by the business or other establishment, except that signs relating to the owner or manager of the entire parcel may be considered on-site when placed anywhere on the parcel. 62. "Prohibited sign" means any sign that is specifically not permitted by this Exhibit “X” November 21, 2012 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 chapter or was erected without complying with the regulations of this chapter in effect at the time of construction, display or use. 63. "Projecting sign" means a sign which projects more than ten inches from a wall or other vertical surface, generally at about ninety degrees. 64. "Property owner" means the owner of the property on which the sign is displayed or proposed to be displayed. When the property is land, "owner" includes the legal owner according to the official land records of the San Diego County Recorder, all beneficial owners thereof and all persons presently holding a legal right to possession of the subject property. 65. "Regional commercial center" means a commercial development located upon a property with a regional commercial general plan land use designation and having the following characteristics: project site area between thirty and one hundred acres; gross lease area between three hundred thousand and one million five hundred thousand square feet; major tenants may include full-line department stores (two or more), factory outlet centers, power centers of several high volume specialty stores, warehouse club stores or automobile dealerships; secondary tenants may include a full range of specialty retail, restaurants and entertainment. A center is still within this definition even if it includes one or more noncommercial uses. 66. "Right-of-way" means an area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both. 67. "Roof sign" means a sign erected and constructed wholly or in part upon, against or above the roof of a building. For purposes of this chapter, any portion of a building above or behind the fascia or parapet of a building shall be considered part of the roof. 68. "Shopping complex" means the same as "commercial center." 69. "Sign" means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol, image or writing to advertise, announce the purpose of, identify a person, product, service or entity or to communicate information of any kind to the public. However, the following are not within the definition of "sign" for the regulatory purposes of this chapter: a. Any public or legal notice required by a court or public agency; b. Decorative or architectural features of buildings (not including letters, trademarks or moving parts); c. Holiday decorations and lights, clearly incidental to and associated with holidays or cultural observances and which are on display on a given parcel for not more than forty-five calendar days in a calendar year; d. Building markers, as defined herein; e. Cornerstones, as defined herein; f. Symbols or insignia which are an integral part of a doormat or welcome mat, or embedded directly into the sidewalk or entrance surface, so long as such device is otherwise legal and is located entirely on private property and on the ground or sidewalk; g. Items or devices of personal apparel or decoration but not including hand held signs or commercial mascots; h. Marks on tangible goods, which identify the maker, seller, provider or product, as such are customarily used in the normal course of the trade or profession; i. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation: stained glass windows, carved doors or friezes, church bells and decorative fountains; j. Property entry and security protection notices and signs warning of dangers or health and safety policies, such as, by way of example and not limited to, "Beware of Dog," "Danger High Voltage," "No Shirt No Service," etc., when such are not Exhibit “X” November 21, 2012 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 over one square foot on residential uses or two square feet on other uses and firmly affixed to their mounting surface or device; k. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter; l. Devices which are located entirely within an enclosed structure and are not visible from the exterior thereof; m. Advertisements or banners mounted on or towed behind free-flying airborne vessels or craft, such as airplanes, dirigibles, untethered blimps and the like; n. Advertisements or banners mounted on trains or other mass transit vehicles which legally pass through the city; o. License plates, license plate frames, registration insignia and noncommercial messages on street legal vehicles and properly licensed watercraft and messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages on the vehicle or watercraft relating to the proposed sale, lease or exchange of the vehicle or vessel; p. Messages on golf carts, wheelchairs, personal scooters, human powered taxis, shopping carts or other small wheeled vehicles. Signs on any motorized device which may legally travel upon public roads or highways is not within this definition; q. Vending machines which do not display general advertising; r. Automated teller machines at banks and facilities for walk up and drive up service at banks, credit unions and similar establishments; s. Murals, paintings and similar pictorial displays that are painted directly onto a building and are not intended to draw attention to any use, product, service or event. 70. "Sign area" means the display or message area of the sign. The methods of computing sign area are detailed in Section 21.41.070.A. 71. "Sign height" means the height of the highest point on the sign structure above grade or ground beneath. The methods of calculating sign height are stated in Section 21.41.070.B. 72. "Sign permit" means an entitlement from the city to place or erect a sign. 73. "Sign program" means a plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement. 74. "Site development plan" means a plan required pursuant to Chapter 21.06 of this code. 75. "Specific plan" means a plan prepared and adopted pursuant to Section 65451 of the California Government Code. 76. "Street frontage" means the distance along which a lot line adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street. A development project containing more than one lot along a street shall be considered to have only one street frontage on that street. Corner lots have at least two street frontages. 77. "Suspended sign" means a sign hung from the underside of a marquee, pedestrian arcade or covered walkway, usually at approximately ninety degrees to the building wall or storefront. 78. "Tall freestanding sign" means a monument or pole sign that is greater than fourteen feet in height. 79. "Temporary seasonal sales permit" means a permit to allow outdoor seasonal and holiday sales, including, but not limited to, Christmas trees, pumpkins and flowers, on private property. 80. "Temporary sign" means a sign, including paper, cardboard wood, plastic, synthetic, fabric or similar materials, which by virtue of its physical nature may be used only for a limited period of time and is not permanently mounted. 81. "Traffic directional sign" means a sign which indicates place, location or direction for the information of drivers or pedestrians. Exhibit “X” November 21, 2012 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 82. "Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the physical structure of the sign or its mounting mechanism. A sign may not be considered "unsafe" within this definition by virtue of the message displayed thereon. 83. "Vehicle sign" means a sign mounted upon a vehicle which may legally be parked on or move on public roads, as well as a sign mounted upon a water vessel which may legally move upon the waters. 84. "Vessel sign" means a sign mounted upon a water vessel which may legally move upon the waters. 85. "Wall sign" means a sign attached to a wall surface that does not project or extend more than ten inches from the wall, which is confined within the limits of an outside wall and which displays only one display surface. 86. "Window sign" means any sign painted or affixed to the inside or outside of a window surface or otherwise located within a building so as to be visible from the exterior of the building. This definition does not include window displays of merchandise offered for sale. 21.41.025 General provisions. A. The provisions stated in this section apply to all signs within the regulatory scope of this chapter, and override more specific provisions to the contrary elsewhere in this chapter. 1. Owner's Consent Required. a. The consent of the property owner is required before any sign may be displayed on any real or personal property within the city; b. In the case of city property, the owner's consent shall be pursuant to a policy adopted by the city council. 2. Message Substitution. a. Subject to the owner's consent, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed pursuant to this chapter. b. Design criteria which may apply to commercial signs, such as color, lettering style or height, and compatibility with other signs on the same parcel or other signs subject to a sign program, do not apply to noncommercial message signs even when they are in an area subject to a sign program, master plan or specific plan. c. Message substitution is a continuing right and may be exercised any number of times, in whole or in part. d. No special or additional permit is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign is already permitted or exempt from the permit requirement and the sign structure satisfies all applicable laws, rules, regulations and policies. e. When a noncommercial message is substituted for any other message, the sign is still subject to the same location and structure regulations, such as size, height, illumination, duration of display, building and electrical code requirements, as would apply if the sign were used to display a commercial message or some other noncommercial message. f. This substitution provision shall prevail over any other provision to the contrary, whether more specific or not, in this chapter and applies retroactively to sign programs, master plans and specific plans which were adopted or approved before this chapter was enacted. g. This provision does not: i. Create a right to increase the total amount of signage on a parcel, lot or land use; ii. Authorize the physical expansion of an existing sign; iii. Affect the requirement that a sign structure or mounting device be Exhibit “X” November 21, 2012 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 properly permitted; iv. Allow a change in the physical structure of a sign or its mounting device; or v. Allow the substitution of an off-site commercial message in place of an on-site commercial message or a non-commercial message. h. In addition to the non-commercial message display allowable under this provision, on any legal parcel, any unutilized sign display area which is available as a matter of right (i.e., not including display area available under some discretionary approval process), may be used to display non-commercial messages; a permit for such signage is required only when the physical structure or mounting device is subject to a building permit under the Building Code and/or an electrical permit under the Electric Code. 3. Non-commercial speech. a. In addition to the sign display area available under the message substitution provision, signs displaying non-commercial messages only are allowable at all times and on all parcels, subject to the following regulations: i. A sign permit is required only if the sign qualifies as a structure requiring a building permit or an electrical permit; ii. On parcels where the principal use is residential, the allowable display area is 8 square feet per residential unit at all times; and iii. On parcels where the principal use is anything other than residential, the allowable display area is 8 square feet per nonresidential establishment at all times; iv. The allowable display space for non-commercial speech is increased by 25% during the time period which begins 30 days before a primary, general, or special election and ends within 10 days following the closing of the polls. 4. Legal Nature of Sign Rights and Duties. a. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is mounted, affixed or displayed and run with the land or personal property. b. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or the person mounting the sign. 5. Transfer of Signage Rights. a. Rights and duties relating to permanent signs may not be transferred between different parcels of real property. b. All duly issued and valid sign permits for permanent signs affixed to land shall automatically transfer with the right to possession of the real property on which the sign is located. c. This provision does not affect the ownership of signs, and does not prevent a given sign from being moved from one location to another, so long as the sign is properly permitted in the new location. 6. Compliance. a. Responsibility for compliance with this chapter is joint and severable as to all persons erecting, mounting, displaying or modifying any sign, all persons in control and custody of the property on which a sign is displayed, and the persons who are legal owners of record of the property on which a sign is displayed. 7. Discretionary Approvals. a. Whenever any sign permit, variance, CUP, Sign Program or Special Planning Area approval, or other sign-related decision, is made by any exercise of official discretion, such discretion shall be exercised only as to the non-communicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass of the structure, etc. b. Graphic design may be evaluated only for a Sign Program, and then only as applicable to commercial message signs. 8. Mixed Use Zones or Overlay Districts. Exhibit “X” November 21, 2012 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. In any zone where both residential and nonresidential uses are allowed, the sign related rights and responsibilities applicable to any particular parcel or land use shall be determined as follows: i. Residential uses shall be treated as if they were located in a zone where a use of that type would be allowed as a matter of right, and ii. Nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary permit. 21.41.030 Prohibited signs. A. The following signs, as defined in this chapter, are prohibited in all zones of the city, unless a more specific provision or city policy allows them at certain times and places: 1. Abandoned signs, including their structures and supports; 2. A-frame signs, as defined herein; 3. Animated signs including, but not limited to signs that move, blink, flash, change color, reflect, revolve or make noise, except for electronic message board signs or digital displays at regional commercial centers with a regional commercial general plan land use designation that have frontage on a freeway (I-5 or SR-78) ; 4. Balloons or other inflatable signs or devices, as defined herein; 5. Beacons, as defined herein; 6. Billboards, as defined herein; 7. Bus stop bench/shelter signs, as defined herein; 8. Electronic message board signs or digital display signs, except for at regional commercial centers with a Regional Commercial general plan land use designation that have frontage on a freeway (I-5 or SR-78); 9. Exposed neon lighted signs on any building elevation that faces and is within five hundred feet of any property line that adjoins residentially zoned property; 10. Commercial mascots and hand held or sandwich board signs carried by a person on city property or in the public right-of-way and displaying a commercial message; 11 Marker boards, as defined herein; 12. Mobile billboards or any other type of vehicle whose primary purpose is displaying general advertising that is moving or parked on city streets; 13. Off-site commercial signs excluding real estate for sale signs per Civil Code 713; 14. Portable signs with commercial messages; except for temporary signs as indicated in Sections 21.41.040 and 21.41.100; 15. Roof signs; 16. Signs attached to trees, plants, rocks, fences, utility poles/cabinets or other objects, the primary function of which is not to support a sign; 17. Signs physically blocking or impeding the free passage of persons through doors, firescapes or public rights-of-way; 18. Signs erected on or over city property including public easements and public rights-of-way, except those needed for traffic and public safety regulation and those erected pursuant to adopted city council policy regarding signs on city property; 19. Signs simulating in color or design a traffic sign or signal or using words, symbols or characters in such a manner as to be reasonably likely to interfere with, mislead or confuse pedestrian or vehicular traffic; 20. Signs that do not conform with applicable Uniform Building Code as adopted by Carlsbad and National Electric Code as adopted by Carlsbad; 21. Temporary signs, including but not limited to banners (i.e.; feather banners) and pennants, except as provided for in Sections 21.41.040 and 21.41.100; and 22. Unsafe signs, as defined in this chapter. Exhibit “X” November 21, 2012 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.41.040 Signs on private property not requiring a sign permit. The signs listed in Table A do not require a sign permit, and their area and number shall not be included in the aggregate area or number of signs subject to a permit requirement, for any given property. Table A Signs on Private Property not Requiring a Sign Permit Description of Sign Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Traffic Control, Traffic Directional or Warning Signs erected or required by government agencies Freestanding/Wall/ Banner ------------- ------------- -----/----- --------- Address Sign Wall 1 per building 6 square feet per sign. The minimum number height shall be: Residential - 4 inches and Nonresidential - 6 inches, unless the Fire Marshal requires a greater height. --------- Noncommercial Message Signs on residential and nonresidential property Wall/Freestanding or Window ------------ 8 square feet per residential unit. 8 square feet per nonresidential establishment 6 feet above average grade/ --------. 1. May not be illuminated. Exhibit “X” November 21, 2012 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Description of Sign Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Additional Political and other Noncommercial Message Signs on private property during campaign periods Freestanding ----------- 10 square feet per residential unit. 10 square feet per nonresidential establishment 6 feet above average grade or 3.5 feet above average grade if in the front yard/-----. 1. May be located on any private property, with owner's consent 2. Display time limited to 30 days preceding any federal, state or local (primary, general or special) election and shall be removed, by the person placing or erecting such sign within ten (10) days following such election. 3. This is in addition to the noncommercial messages allowed under the substitution provision and the noncommercial messages allowed at all times in residential zones. Window Signs located in commercial centers and freestanding commercial buildings Window ------------ Total copy area shall not exceed 25% of the window area. 7 feet above average grade/6 inches. Exhibit “X” November 21, 2012 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Description of Sign Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Freestanding sign on Single Dwelling Unit or Condominium Unit - property which is for rent, sale or lease (Displayed on the owner's real property or real property owned by others with their consent (Pursuant to California Civil Code section 713)) Freestanding 1 per dwelling unit 4 square feet per sign. 6 feet above average grade/6 inches 1. Shall be removed from the building or property within fifteen (15) days after the sale, rental or lease. Flags with commercial symbols Pole Freestanding or mounted on the side of a building 1 flag per nonresidential establishment located in the C-M, P-M and M zones 24 square feet per flag. Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted structure existing on the premises/-----. * Flags with noncommercial symbols Pole Freestanding or mounted on the side of a building Maximum of 2 Flag Poles per occupied dwelling unit and 3 Flag Poles per nonresidential establishment. ------------- Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted structure existing on the premises/-----. * A total of 4 flags (1 with commercial symbols and 3 with non- commercial symbols are allowed for nonresidential establishments Temporary signs attached to parked or stationary vehicles visible from the public right-of-way Window (Inside) 2 per vehicle 10 inches by 12 inches per sign. ------/----- No limitation if sign is not visible from public right-of-way. Signs permanently attached to or painted on vehicles, with non-changeable copy, used in the day-to- day operations of a business -------------- ------------- ------------ ------/---- Does not apply to "general advertising" or "mobile billboards." 21.41.050 Application and permit procedures. A. Sign Permit Required. 1. It shall be unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign within the city without first obtaining a sign permit in accordance with the provisions of this section, unless the sign is Exhibit “X” November 21, 2012 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 exempt from the permit requirement under Section 21.41.040. 2. The regulations contained in this section apply to sign permits which are not associated with a sign program. Permit applications for sign programs are regulated by Section 21.41.060. 3. A sign permit shall not be required for cleaning or other normal maintenance of an existing sign, unless a structural or electrical change is made. 4. No sign permit is required when a political, religious or other noncommercial message is substituted for another commercial message on a pre-existing sign or when a noncommercial message is substituted for a noncommercial message on a properly permitted sign. B. Application for Permit. 1. The application for a sign permit shall be made in writing on the form provided by the city planner and shall be accompanied by the required fee. Such application shall set forth and contain the following information: a. A drawing to scale showing the design of the sign, including dimensions, sign size, colors (applies to commercial message signs only), materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates; b. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises; c. The number, size, type and location of all existing signs on the same building, lot or premises; and d. Any structural information and plans necessary to ensure compliance with the latest adopted building code and electrical code. C. Fees. All signs require a sign permit fee and plan checking fee (if applicable) that shall be paid in accordance with the schedule established by resolution of the city council. D. Method of Review. 1. The purpose of a sign permit is to ensure compliance with the provisions of this chapter and the relevant building and electrical codes. 2. After receiving a complete sign application, the city planner shall render a decision to approve, approve with modifications or deny such sign application within fifteen days; however, an approval with modifications shall be limited to requiring compliance with this chapter. 3. The application shall be approved and the permit issued whenever the proposed sign meets the following requirements: a. The proposed sign conforms to all size, height and other standards for signs subject to a permit requirement, as such requirements are set forth in this chapter; b. The proposed sign is consistent with any applicable sign program; and c. The sign conforms to the construction standards of the latest adopted building and electrical codes. E. Revocation or Cancellation of Permit. 1. The city planner shall revoke any issued permit upon refusal of the holder thereof to comply with the terms of the permit and/or the provisions of this chapter after written notice of noncompliance and fifteen days opportunity to cure. 2. If the work authorized under a sign permit has not been completed within six months after the date of issuance, such permit shall become null and void. 21.41.060 Sign programs and modified sign programs A. Purpose. 1. The purpose of a sign program is to integrate signs with a project’s building, site and landscaping design to form a unified architectural statement. B. Applicability. Exhibit “X” November 21, 2012 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. A sign program shall be required for: a. Master plans, b. Specific plans, c. Nonresidential projects requiring a site development plan processed pursuant to Chapter 21.06 of this code and d. Industrial or office developments of greater than ten acres in area. 2. A sign program may be proposed for all other types of development projects or discretionary permits not listed in Subsection 21.41.060.B.1. 3. For those projects requiring or proposing a sign program, no sign permit shall be issued for an individual sign, unless, and until, a sign program for the project, lot or building on which the sign is proposed to be erected has been approved by the city in conformance with this chapter. C. Sign programs and sign standards modifications. 1. Sign programs may establish standards for sign area, number, location, and/or dimension that vary from the standards of this chapter as follows: a. A sign program that complies with the standards of this chapter shall require the approval of a ministerial sign program application by the city planner provided that all of the findings of fact listed in Section 21.41.060.G. of this chapter can be made. b. A sign program proposal that exceeds the standards of this chapter by up to 25% shall require the approval of a modified minor sign program discretionary application by the city planner provided that all of the findings of fact listed in Section 21.41.060.H. of this chapter can be made. c. A sign program proposal that exceeds the standards of this chapter by greater than 25% up to 50% requires the approval of a modified sign program discretionary application by the planning commission provided that all of the findings of fact listed in Section 21.41.060.H. of this chapter can be made. d. When calculating the permitted number of signs, if the calculation results in a fractional sign of .5 or greater, then the fraction may be rounded up to the next whole number. If the calculation results in a fractional sign of less than.5, then the fraction shall be rounded down to the next whole number. e. Sign program design standards shall not apply to noncommercial messages. f. All sign programs must incorporate the provisions for substitution of noncommercial messages as specified in Section 21.41.025.A.2. Message substitution applies but may not override contrary provisions in leases. g. The sign program application may not be used to permit a sign type which is otherwise prohibited. D. Application and fees. 1. An application for a sign program, modified minor sign program or modified sign program may be made by the owner of the property affected or the authorized agent of the owner. 2. The application for a sign program, modified minor sign program or modified sign program shall be made in writing on the form provided by the city planner. 3. The application shall be accompanied by the required fee contained in the most recent fee schedule adopted by the city council. 4. The application shall state fully the circumstances and conditions relied upon as grounds for the application. 5. The application shall contain the following information: a. A copy of an approved development plan (master plan, specific plan, planned industrial permit ,site development plan or other approved development project or discretionary permit) drawn to scale showing the location of property lines, rights-of-way, adjacent streets, sidewalks and on-site buildings, landscaped areas, off-street parking areas and vehicular access points; Exhibit “X” November 21, 2012 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. A drawing to scale showing the design of each sign, including dimensions (height and width), sign size (area), colors, materials, method of attachment, source of illumination and location of each sign on any building, structure or property; c. Computation of the total number of signs, sign area for individual signs, total sign area and height of signs for each existing and proposed sign type; d. A materials board or sign sample that is an accurate representation of proposed colors, material and style of copy; and e. The number, size, type and location of all existing signs on the same building, lot or premises. E. Notices and hearings. 1. Notice of an application for a modified minor sign program shall be given pursuant to the provisions of Sections 21.54.060.B. and 21.54.061 of this title. 2. Notice of an application for a modified sign program shall be given pursuant to the provisions of Sections 21.54.060.A. and 21.54.061 of this title. F. Decision-making authority. 1. Applications for a modified minor sign program or a modified sign program shall be acted upon in accordance with the following: a. Modified minor sign program. i. An application for a modified minor sign program may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title. ii. The city planner may approve or conditionally approve the modified minor sign program if all of the findings of fact in Sections 21.41.060.H. of this chapter are found to exist. b. Modified sign program. i. An application for a modified sign program may be approved, conditionally approved or denied by the planning commission or city council, as specified in Section 21.54.040 of this title. ii. The decision on the modified sign program shall be based on the decision-making authority’s review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. iii. The decision-making authority shall hear the matter, and may approve or conditionally approve the sign program if all of the findings of fact in Section 21.41.060.H. of this title are found to exist. G. Findings of fact for sign programs that comply with standards of this chapter: 1. A proposed sign program will be approved only upon the following findings: a. All signs comply with the sign area, number, height, location and other sign standards as set forth in this chapter. b. The signs have been integrated with the project’s building, site and landscaping design to form a unified architectural statement. H. Findings of fact for modified minor sign programs or modified sign programs that vary from the standards of this chapter: 1. A modified minor sign program or modified sign program that varies from the standards of this chapter shall be approved only upon the following findings: a. The standards established by the modified minor sign program or modified sign program do not exceed any applicable rules or limits in the General Plan or Local Coastal Program; b. The modified minor sign program or modified sign program ensures that signs are proportionate to and compatible with the number, size, height, scale and/or orientation of project buildings; c. The standards will enhance the visibility of the overall development to pedestrians and motorists; and Exhibit “X” November 21, 2012 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. The modified minor sign program or modified sign program will enhance the overall project design, and the aesthetics and/or directional function of all proposed signs. I. Announcement of decision and findings of fact. 1. When a decision on a modified minor sign program or modified sign program is made pursuant to this chapter, the decision-making body shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. J. Effective date and appeals. 1. Decisions on modified minor sign programs and modified sign programs shall become effective and may be appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 of this title. K. Expiration, extensions and amendments. 1. The expiration period for an approved modified minor sign program or modified sign program shall be as specified in Section 21.58.030 of this title. 2. The expiration period for an approved modified minor sign program or modified sign program may be extended pursuant to Section 21.58.040 of this title. 3. An approved modified minor sign program or modified sign program may be amended pursuant to the provisions of Section 21.54.125 of this title. L. Existing Sign Programs. 1. Existing sign programs approved prior to the effective date of this chapter are subject only to the message substitution provision of this chapter; all other terms of the existing sign program shall continue in force. M. Binding Effect. 1. After approval of a sign program, modified minor sign program or modified sign program all signs subsequent thereto shall be erected, constructed, installed, displayed, altered, placed or maintained only in conformance with such program unless and until modified by the procedures outlined herein. 21.41.070 General sign standards. The following sign standards shall apply to all signage within the city. A. Sign Area. 1. Sign area is computed as follows: a. Wall, Retaining Wall, Monument, Suspended, Fascia, Awning, Window and Landscape/Hardscape Feature Signs. i. Sign area shall be computed by measuring the smallest square, rectangle, triangle, circle or combination thereof, that will encompass the extreme limits of the graphic image, writing, representation, emblem or other display,. ii. Sign area does not include any supporting framework or bracing unless such is designed in a way as to function as a communicative element of the sign. b. Pole Signs. i. Sign area shall be computed as the area of the surface(s) upon which the sign message is placed including the supporting column(s) if decorated or displayed with advertising. c. Multi-Faced Signs. i. The sign area for a two-sided or multi-faced sign shall be computed by adding together the area of all sign faces visible from any one point. ii. When two sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same structure, the sign area shall be computed by the measurement of one of the faces. iii. In the case of a sign of spherical or cylindrical shape, the area of the sign shall be one-half of the surface area. d. Flags, Banners, Pennants, etc. Exhibit “X” November 21, 2012 -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. Sign area is the entire surface area, one side only. B. Sign Height. 1. Sign height is measured as follows: a. Monument, Pole and Freestanding Signs. i. Sign height is specified as the greatest vertical measurement from the top of the sign or sign cabinet, including all ornamentation and supports, to the average grade beneath the sign. C. Signs on City Property, Including the Public Right-of-Way. 1. Signs may be placed on city property only in accordance with adopted city council policy regarding signs on city property. Signs placed on city property in violation of the city council’s policy may be summarily removed by the city, and all persons responsible for placing such signs on city property contrary to the city council’s policy may be charged with the cost of removal. D. Placement of Commercial Signs. 1. Commercial signs shall be placed on the property of the use for which the sign is intended to identify or relate, unless placement on another property is specifically allowed by this chapter or other relevant law. E. Placement of Noncommercial Messages on Signs. 1. Noncommercial messages are allowed wherever commercial signage is permitted within Chapter 21.41 and is subject to the same standards and total maximum allowances per lot or building of each sign type specified in this chapter. 2. A permit is required for a noncommercial message only when the sign structure has not been previously permitted. 21.41.080 Sign Design Standards. Each permanent approved sign shall meet the following design standards. A. Colors. 1. For commercial messages on signs, fluorescent, "day-glo" and similar colors shall not be used. B. Materials. 1. All permanent signs shall be constructed of durable materials, which are compatible in kind and/or appearance to the building supporting or identified by the sign. 2. Such materials may include, but are not limited to: a. ceramic tile, b. sandblasted, hand carved or routed wood, c. channel lettering, d. concrete, stucco or stone monument signs with recessed or raised lettering. C. Sign Location. 1. Wall signs must be located below the roofline on structures with pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall signs are not allowed on any equipment enclosure located above the roofline. 2. Directional signs shall be located to facilitate traffic internal to the site. D. Relationship to Buildings. 1. Each permanent commercial message sign located upon a premises with more than one main building, such as a commercial, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings. E. Relationship to Other Signs. 1. Where there is more than one sign on a lot, building or project site, all permanent signs displaying a commercial message shall have designs which similarly treat or incorporate the following design elements: a. Type of construction materials; b. Sign/letter color and style of copy; c. Method used for supporting sign (i.e., wall or ground base); Exhibit “X” November 21, 2012 -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. Sign cabinet or other configuration of sign area; e. Illumination; and f. Location. F. Relationship to Streets. 1. Signs shall be designed and located so as not to interfere with the unobstructed clear view of the public right-of-way and nearby traffic regulatory signs of any pedestrian, bicyclist or motor vehicle driver. G. Sight Distance. 1. No sign or sign structure shall be placed or constructed so that it impairs the City’s sight distance requirements at any public or private street intersection or driveway. H. Sign Illumination. 1. Illuminated wall signs are prohibited on any building elevation that faces and is located within three hundred feet of any property line that adjoins residentially zoned property. 2. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties. 3. Externally illuminated signs shall be lighted by screened or hidden light sources. 4. Free-standing and building-mounted signs shall either be non-illuminated or externally illuminated, except for signs with opaque backgrounds which give the appearance of individual channel letters and/or changeable copy signs. I. Logos and Graphics. 1. Corporate logos and graphics may be used in conjunction with allowed signage. Logos, graphics and trademarks are included in the total sign area. . J. Landscaping. 1. Each monument and pole sign shall include landscaping around the base of the sign, at a minimum ratio of two square feet for every one square foot of sign area, so as to protect the sign from vehicles, improve the appearance of the installation and screen light fixtures and other appurtenances. 21.41.090 Coastal zone sign standards. A. The following sign restrictions apply to properties in the coastal zone except the Agua Hedionda Lagoon and Carlsbad Village Review segments. If there is a conflict between the coastal zone sign standards of this section and any regulations of this chapter, the standards of this section shall prevail. Otherwise, within the coastal zone, the sign regulations of this chapter shall apply. 1. Each business or establishment shall be entitled to one façade sign. 2. Each shopping complex shall have only one directory sign which shall not exceed fourteen feet in height, including mounding. 3. Monument sign height including mounding shall not exceed eight feet and shall apply where three or fewer commercial establishments exist on a parcel. 4. Tall freestanding and roof signs shall not be allowed. 5. Off-premises signs shall not be allowed. 21.41.095 Permitted permanent signs. A. Table B states the criteria for a permit for permanent signs for each type of development and/or corresponding zones. In addition to the type of sign permitted, Table B provides the maximum number, maximum sign area, maximum sign height and letter height, permitted location and other standards. Exhibit “X” November 21, 2012 -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Table B Permanent Signs Permitted by Type of Development and Zone With a Sign Permit Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Single Family Residential Lots See Section 21.41.100, Permitted Temporary Signs ---------- ----------- ----/--- ---------- --------- See Section 21.41.040, Signs on Private Property Not Requiring a Sign Permit ----------- ----------- ----/--- ----------- --------- Residential Subdivisions, Condominiums, Apartment Projects and Mobile Home Parks Monument 1 per project entrance 60 square feet per sign 6 feet above average grade/24 inches Driveway entrance or at other strategic location. (See Note #1 below) Directory Signs - Wall Mounted or Freestanding 1 per building entrance 6 square feet per sign 6 feet above average grade/----- Signs are to be located and oriented to direct visitors upon entry into the project or building. --------- Commercial Centers and Freestanding Commercial Buildings (located within the C-1, C-2, C-L or C-T zones) Monument 1 per driveway entrance 60 square feet per sign 6 feet above average grade/24 inches Driveway entrance or at other strategic location. (See Note #1 below) Exhibit “X” November 21, 2012 -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Wall, Fascia or Awning No maximum number Total sign area for all wall, fascia or awning signs shall not exceed 1 square foot per each lineal foot of building frontage Varies/Tenant Leased Space: < 2,500 square feet: ---/24 inches 2,500 - 10,000 square feet: ---/30 inches 10,001 -50,000 square feet: ---/36 inches; > 50,000 – 100,000 square feet ---/48 inches >100,000 square feet ---/60 inches 1. Fascia Sign: Centered on Fascia. 2. Awning Sign: Over doors or windows 1. The length of any sign shall not exceed 75% of the length of the building frontage or lease space to which the sign pertains. (See Note #2 below) (See Note #3 below) (See Note #6 below) Suspended or Projecting 1 per establishment 6 square feet per sign Minimum 8 foot clearance from finished grade to bottom of sign. Suspended -Underside of walkway overhang at 90 degrees to the business establishment. Suspended may not be internally illuminated. Directional Sign 3 per driveway entrance 6 square feet per sign 6 feet above average grade/----- Should be located to facilitate traffic internal to the site. Must include arrow or other directional text Drive-Thru Facilities Reader Board Wall or Monument Restaurants: 2 per existing establishment Other non- restaurant drive-thru facilities: 1 per establishment 24 square feet per sign 6 feet above average grade/------ ------------- Reader boards are allowed in addition to other signs permitted for Commercial Centers and Freestanding Commercial Buildings. Regional Commercial Center Pole 1 per center 150 square feet per sign 35 feet above average grade Primary project entrance or in a location approved by the city planner. 1. Pole sign is allowed in addition to other signs permitted for Commercial Centers. Exhibit “X” November 21, 2012 -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Electronic Message Board -------------- ------------- ----/---- ---------------- 1. Regional commercial centers with a Regional Commercial general plan land use designation that have frontage on a freeway (I-5 or SR-78) may include electronic message board sign(s) subject to the approval of a conditional use permit by the City Council. The CUP will include detailed electronic message board sign development standards and is subject to required findings by the City Council. Office, Industrial and Commercial uses in the R-P, O, C-M, P-M, and M zones Monument 1 per lot 60 square feet per sign 6 feet above average grade/24 inches Primary driveway entrance or at other strategic location. (See Note #1 below) (See Note # 5 below) Directional Signs 3 per driveway entrance 6 square feet per sign 6 feet above average grade/----- Should be located to facilitate traffic internal to the site. Must include arrow or other directional text Exhibit “X” November 21, 2012 -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Wall Buildings less than 50,000 square feet in area: 1 sign per street frontage (2 signs maximum) Buildings 50,000 -100,000 square feet in area : 2 signs per street frontage (4 signs maximum) Buildings greater than 100,000 square feet in area: 3 signs per street frontage (6 signs maximum) 50 square feet per sign 60 square feet per sign 75 square feet per sign ----/24 inches ----/36 inches ---/48inches ----------- (See Note #3 below) (See Note #4 below) (See Note #5 below) (See Note #6 below) Office or Industrial Establishment with a separate building entrance in a multi-tenant building Wall or Fascia 1 per establishment 8 square feet per sign ----/12 inches Directly above entrance Allowed in addition to wall signs permitted for buildings in the R-P, O, C-M, P-M and M zones. Ground Floor Commercial establishment with a separate building entrance in a multitenant building located in the R-P, O, C-M, P-M and M zones Wall or Fascia 1 per establishment 20 square feet per sign -----/18 inches 1. Wall Sign: Not permitted above the plate height elevation of the ground floor 2. Fascia Sign: Centered on fascia, directly above establishment entrance. Exhibit “X” November 21, 2012 -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Commercial establishment with a separate building entrance in a multi-tenant building located in the R-P, O, C-M, P-M and M zones Suspended 1 per establishment 5 square feet per sign Minimum 8 foot clearance from finished grade to bottom of sign/---- Underside of walkway overhang at 90 degrees to the commercial business establishment. May not be internally illuminated. Office/Industrial Parks Park identification sign 1 per each park entrance that is located along an arterial road 75 square feet per sign 6 feet above average grade/24 inches Near primary park entrances. (See Note #1 below) Hotels/Motels Monument 1 per driveway entrance 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic location (See Note #1 below) Wall or Fascia or Awning 2 Wall or Fascia or Awning Signs per street frontage Total sign area for all wall, fascia or awning signs (per building) shall not exceed 1square foot per each lineal foot of building frontage. -----/24 inches 1. Fascia Sign: Centered on Fascia. 2. Awning Sign: Over doors or windows. (See Note #2 below) (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/----- Should be located to facilitate traffic internal to the site Must include arrow or other directional text Professional Care Facility Monument 1 per driveway entrance 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic location (See Note #1 below) Wall 1 per street frontage Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage. ----/24 inches ---------------- (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/----- Should be located to facilitate traffic internal to the site Must include arrow or other directional text Exhibit “X” November 21, 2012 -26- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Resort Hotels Monument 1 per driveway entrance 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic location (See Note #1 below) Wall 1 per street frontage 60 square feet per sign Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage ----/36 inches ----------------- (See Note #2 below) (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/----- Should be located to facilitate traffic internal to the site Must include arrow or other directional text Gas/Service Stations Monument Wall 1 per street frontage 1 per street frontage 60 square feet per sign 30 square feet per sign 6 feet above average grade/24 inches 24 inches Primary project entrance or at other strategic location (See Note #1 below) Sign may include motor fuel prices. (See Note #3 below) (See Note #6 below) Canopy 4 per site 10 square feet per sign -------/18 inches Attached to canopy, not to extend beyond or above the canopy Must be designed as an integral part of the canopy structure. Fuel Pump 1 per fuel pump 2.5 square feet per sign -----/------- Must be attached to the fuel pump ----------- Pole (freeway service stations only) 1 per site 50 square feet per sign 35 feet above average grade/36 inches --------------- Only permitted at freeway service stations. Exhibit “X” November 21, 2012 -27- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Stand-alone Theater or Cinema Wall 1 per street frontage Total sign area for all wall signs shall not exceed 1 square foot per each lineal foot of building frontage. ----/60 inches -------------- (See Note #3 below) (See Note #6 below) See Commercial centers for permitted signage for a theater that is not a stand-alone establishment Suspended or Projecting 1 per site 6 square feet per sign Minimum 8 foot clearance from finished grade to bottom of sign. Suspended- Underside of walkway overhang at 90 degrees to the building Suspended may not be internally illuminated. Attraction Board (Pole or Marquee) 1 per site 100 square feet plus 10 square feet per screen or stage over 1, up to a maximum of 160 square feet per sign Maximum pole sign height: 35 feet above average grade/24 inches Marquee: ------/24 inches Marquee signs must be building mounted. --------- Program Poster 1 per screen or stage 6 square feet per sign Must be building mounted. --------------- Government, Church, or Private School Wall 1 per street frontage 40 square feet per sign Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage ----/24 inches ------------ (See Note #6 below) Monument 1 per street frontage 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic location. (See Note #1 below) Directional 3 per driveway entrance 6 square feet per sign 6feet above average grade/----- Should be located to facilitate traffic internal to the site. Must include arrow or other directional text Exhibit “X” November 21, 2012 -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Public Parks, Playgrounds, Recreational Facilities, Nature/ Interpretive Centers and similar uses Monument Wall 1 per street frontage 1 per street frontage 60 square feet per sign 30 square feet per sign 6 feet above average grade/24 inches 24 inches Primary project entrance or at other strategic location. (See Note #1 below) (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/----- Should be located to facilitate traffic internal to the site. Must include arrow or other directional text Produce/Flower Stand in the E-A, R-A and L-C zones Wall or Freestanding 1 per produce/ flower stand 32 square feet per sign Freestanding: 8feet above average grade/24 inches Freestanding: Primary project entrance Shall be displayed only during the time period the produce/ flowers are available for sale on the property Nursery, Greenhouse, Packing Shed, Stable, Riding Academy and similar uses Freestanding 1 per site 32 square feet per sign 8 feet above average grade/24 inches Primary project entrance or at other strategic location May not be illuminated P-U zone Monument 1 per street frontage (2 signs maximum) 60 square feet 6 feet above average grade/24 inches Primary project entrance or at other strategic location (See Note #1 below) Wall 1 per street frontage (2 signs maximum) 40 square feet ----/24 inches ------------- (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/------ Should be located to facilitate traffic internal to the site. Must include arrow or other directional text OS zone, except for uses listed elsewhere in this table See Section 21.41.100, Permitted Temporary Signs ------- ---------- ----/------ ---------- -------- Exhibit “X” November 21, 2012 -29- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Note #1. Monument signs on entry walls (e.g., curved, angled or similar walls integrated into a project entry or perimeter) are permitted. In cases where entry walls are located on both sides of an entry drive, one sign on each wall (each at the maximum square footage) is permitted. Note #2. Building elevations on restaurants, hotels or motels which front along or are within three hundred feet of the right-of-way of and visible from Interstate 5 shall not have more than one wall sign along those elevations. Note #3. Illuminated wall signs are prohibited on any building elevation that faces and is within three hundred feet of any property line that adjoins residentially zoned property. Note #4 Building elevations which front along or are within three hundred feet of the right-of-way and visible from Interstate 5, State Route 78, Palomar Airport Road or El Camino Real shall not have more than one wall sign along those elevations. Notwithstanding the above, two wall signs along a building elevation that fronts the above-noted corridors may be permitted under the following circumstances: (a) A building elevation must have a minimum of one hundred fifty lineal feet in order to have more than one wall sign along that elevation. (b) The minimum spacing between wall signs along an elevation shall not be less than seventy-five feet. (c) The cumulative length of all wall sign(s) along any building elevation shall not exceed one-third of the length of that same elevation. Note #5 These sign standards supersede the sign standards for the C-M, M and P-M zoned properties that are located within Area 4 of the El Camino Real corridor development standards. Note #6 Wall signs must be located below the roof line on structures with pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall signs are not allowed on any, equipment enclosure located above the roof line. Exhibit “X” November 21, 2012 -30- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.41.100 Permitted temporary signs. Table C provides a listing of all temporary signs permitted for each type of development and corresponding zones with a sign permit. In addition to the type of sign permitted, Table C provides the maximum number, maximum sign area per sign, maximum sign height and letter height, permitted location and other provisions. Table C Temporary Signs Permitted By Type of Development and Zone with a Sign Permit Type of Development and Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Projects which are under Construction – in all zones Wall or Freestanding 1 per project 32 square feet per sign Freestanding: 8 feet above average grade/--- Must be located on the project site. May not project into the public right-of-way. 1. May not be illuminated. 2. Shall be removed prior to the granting of the last Certificate of Occupancy by the city. Exhibit “X” November 21, 2012 -31- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Development and Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Real Property or project which is for rent, sale or lease – in all zones (owner’s real property or owned by others with owner’s consent, per California Civil Code 713) Freestanding 1 per property 32 square feet per sign 8 feet above average grade Must be located on the property. May not project into the public right-of-way. 1. May not be illuminated. 2. Residential Projects: shall be removed from the property within 15 days from the date that all the properties are sold or no longer for sale, whichever occurs first. 3. Commercial and Office/ Industrial Properties: shall be removed from the building or property within 15 days after the sale, rental or lease. Exhibit “X” November 21, 2012 -32- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Development and Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below All Commercial, Office and Industrial zones Banner 1 per establishment 30 square feet per banner ------/------- Attached to monument or wall at the establishment location. 1. Permitted only for establishments waiting for permanent sign construction and installation. 2. Approval limited to 45 days maximum or when the permanent sign is installed whichever occurs first. 3. A city sign permit for the permanent sign must first be issued. All Commercial, Office, and Industrial zones Banner or Freestanding Signs with a Temporary Seasonal Sales Location Permit 1 per street frontage 30 square feet per banner or freestanding sign ------/------- Must be located on the site of the seasonal sales event. Limited to the period of time specified in the Temporary Seasonal Sales Location Permit. Any Public or Private Property with a Special Events Permit (See C.M.C. Chapter 8.17) ------------- ------------- ------------- ------/------- ------------- -------------- Community Event at Public Parks/ Recreational Facilities ------------- ------------- -------------- -------/------ Pursuant to adopted city council policy regarding signs on city property ------------- 21.41.110 Construction and maintenance. A. Construction. 1. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations and the latest adopted versions of the Building Code and the National Exhibit “X” November 21, 2012 -33- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electric Code. B. Maintenance. 1. Every sign and all parts, portions and materials shall be maintained and kept in good repair. 2. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair. 21.41.120 Removal of signs. A. Any sign which is unsafe, as defined herein, or which does not conform to Uniform Building Code and National Electric Code standards, or installed or placed in the public right-of-way or on city property contrary to the city council's policy, may be removed by any officer or employee of the city designated to do so without prior notice. Alternatively, the city may issue a notice of nonconformance and give the sign owner and/or the property owner fifteen days in which to cure the nonconformance. B. Any other sign that is in violation of the provisions of this chapter must be removed by the permittee, owner or person in charge of the sign upon written notice by the city. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. C. The time for removal or repair shall not be less than thirty calendar days from the date of mailing the notice for permanent signs and not less than fifteen calendar days for temporary signs. D. Within ten days of the mailing of the notice, the permittee, owner or person in charge of the sign may request a hearing before the city planner to determine whether the sign was erected or maintained in violation of this chapter. Such request must be made in writing and received by the city within the ten days after mailing of notice. E. Upon receipt of a written request for a hearing, the city planner shall schedule a hearing and send a written notice by first class mail of the time, place and date for the hearing, which shall be no later than thirty days after the date of receipt of the written request, unless the party responsible for the sign requests a later hearing date. The time for compliance with the original order shall be stayed during the pendency of the hearing. The city planner will notify the appellant of the decision to affirm, modify or revoke the order to remove or repair within ten days of the conclusion of the hearing; failure to give such notice of decision shall result in the withdrawal of the notice of violation, but shall not prevent a new notice of violation being issued for a different time period from that specified in the original notice. F. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the city planner requiring compliance with this chapter, any expense of such inaction shall be charged to the permittee, owner or person in charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of the sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt. G. Every person billed may request a hearing regarding the accuracy of the amount billed. Following the hearing, the city planner shall, within ten days of the conclusion of the hearing, notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid. Nonpayment becomes a lien on the property. 21.41.125 Appeal of denial or revocation. A. Any person seeking to appeal a decision of the city planner granting or denying an application for issuance of, or renewal of, a sign permit, revoking a permit or ordering the removal of a sign, must file a written notice of appeal with the city planner no later than ten days after the date of the notice of the decision. The notice shall state, with specificity, the Exhibit “X” November 21, 2012 -34- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 factual and legal basis of the appeal. The city planner shall expeditiously schedule a hearing before the planning commission and notify the appellant, in writing, of the day, time and location of the hearing, which shall be held not later than thirty days after the notice of appeal is received by the city, unless time is waived by the appellant. The time for compliance of any original order shall be stayed during the pendency of the hearing before the planning commission. B. The planning commission shall hold a hearing and provide the appellant with a written decision within ten days of the conclusion of the hearing. If the approval, denial, revocation or removal order is affirmed on review, the appellant may file a written notice of appeal to the city council with the city clerk no later than ten days after the date of the notice of the decision. The city clerk shall then schedule a hearing before the city council, which shall be held within thirty days of the receipt of the notice of appeal, and notify the appellant, in writing, of the day, time, and location of the hearing; however, the hearing may be held later than thirty days upon the request or concurrence of the appellant. The time for compliance of any original order shall be stayed during the pendency of the hearing before the city council. The city council shall provide the appellant with a written decision within ten days of the conclusion of the hearing. Any person dissatisfied with the city council's decision may seek prompt judicial review of a denial related to expressive conduct pursuant to California Code of Civil Procedure Section 1094.8. 21.41.130 Nonconforming signs. A. Except for normal repair and maintenance and any modification required for NEC compliance, no nonconforming sign shall be expanded, structurally or electrically altered (not including a change in sign face or sign copy), moved or relocated, unless it is brought into conformance with all current provisions of this chapter. B. When a sign, which was in compliance with all applicable laws in effect at the time it was originally erected, is physically damaged, whether by vandalism, forces of nature or other causes, the sign may be repaired or restored to its original size, shape, height, orientation and message; however, the repair or restoration must be done in a manner which complies with current building and electrical codes and or the requirements of any applicable sign program. 21.41.140 Remedies and penalties. Any sign, which has been properly removed under this chapter, may be returned to the owner upon payment to the city of the costs of removal. If no timely request is made for hearing or if no demand is made for the return of the sign removed, the city, is authorized to destroy or dispose of the removed sign not earlier than thirty days after the removal of such sign. 21.41.150 Violations. A. It is unlawful for any person to: 1. Install, mount, affix, create, erect, display or maintain any sign in a manner that is inconsistent with this chapter or any permit for such sign; 2. Install, mount, affix, create, erect, display or maintain any sign requiring a permit without such a permit; or 3. Fail to remove any sign which the community development director or designee has ordered to be removed for being in violation of this chapter. B. Violations of any provisions of this chapter shall be subject to the enforcement remedies and penalties provided for herein and in Chapter 1.08 of this code. The city may also pursue any civil remedies provided by law, including injunctive relief, as to signs not in conformance with this chapter: 1. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter. Exhibit “X” November 21, 2012 -35- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter. 21.41.160 Severability. If any section, subsection, sentence, clause phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The city council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 2012, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// Exhibit “X” November 21, 2012 -36- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2012, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO REPEAL AND REENACT THE CITY’S SIGN ORDINANCE (CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE) TO: (1) PROVIDE MORE FLEXIBLE SIGN DEVELOPMENT STANDARDS, (2) INCORPORATE REVISIONS DEEMED NECESSARY BY THE CITY’S LEGAL COUNSEL TO ADDRESS FIRST AMENDMENT ISSUES ASSOCIATED WITH THE PERMITTED REGULATION OF NON-COMMERCIAL SIGNAGE, (3) TO ALLOW ELECTRONIC MESSAGE BOARD SIGNS OR DIGITAL DISPLAYS AT REGIONAL COMMERCIAL CENTERS (PLAZA CAMINO REAL AND CAR COUNTRY CARLSBAD) WITH A REGIONAL COMMERCIAL GENERAL PLAN LAND USE DESIGNATION THAT HAVE FRONTAGE ON A FREEWAY (I-5 OR SR-78) AND TO (4) CLARIFY THE ORDINANCE TO MAKE IT MORE USER FRIENDLY. CASE NAME: SIGN ORDINANCE AMENDMENT CASE NO: LCPA 11-04 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application for an amendment to the Local Coastal Program implementing ordinance; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “X” dated November 21, 2012, attached to Planning Commission Resolution No. 6927 and incorporated herein by reference, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the Planning Commission did on November 21, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and PLANNING COMMISSION RESOLUTION NO. 6928 PC RESO NO. 6928 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State-mandated six-week review period, starting on June 29, 2012 and ending on August 11, 2012, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SIGN ORDINANCE AMENDMENT – LCPA 11-04 based on the following findings: Findings: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance, and do not conflict with any coastal zone regulations, land use designations or policies, with which signage and development must comply. 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zone Code Amendment (ZCA 11-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . PC RESO NO. 6928 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on November 21, 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: MICHAEL SCHUMACHER, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner ATTACHMENT 4 1 ZONE CODE AMENDMENT (ZCA 11-03/LCPA 11-04) ANALYSIS Table A Summary of Amendments to the text of the Sign Ordinance Code Subsection(s) Proposed Amendment Discussion/Analysis 21.41.005 Purpose. This Section is reorganized and reformatted without any substantive revisions. 21.41.010 Applicability. Subsection 21.41.010.C is amended to replace the term “public property” with “city property”. Subsection 21.41.010.D - Delete the requirement that existing sign programs which were approved prior to the last comprehensive sign ordinance amendment (2001) be amended to comply with all development and design standards of the amended sign ordinance if the sign program is proposed for amendment to increase sign area. The term “city property” replaces the term “public property” so that such property also includes property for which the City is a lessee or lessor. This provision is no longer applicable as the major proposed substantive sign ordinance standards revision is to allow sign standards flexibility (increased sign area, height or permitted number) through the approval of discretionary Modified Sign Programs (MSP) by either the City Planner or the Planning Commission. 21.41.020 Definitions. Several new definitions have been added including: (“advertising for hire, city property, commercial mascot and façade sign”) so that the ordinance is easier to understand and self-contained regarding all sign ordinance definitions contained therein. Several existing definitions have been revised and/or clarified so that they are easier to understand including: (“abandoned sign, a-frame sign, animated sign, billboard, changeable copy sign, commercial signage, construction sign, cornerstone, electronic message board sign, establishment, general advertising, inflatable signs, marker board, multi-tenant building, neon sign, noncommercial message sign, off-site sign, on-site sign, pennant, permanent sign pole sign, portable sign, and window sign”). “Advertising for hire” is a synonym for “general advertising”. As discussed above, the term “city property” replaces the term “public property” so that such property also includes property for which the City is a lessee or lessor. The term “commercial mascot” is defined and it is also added to Section 21.41.030 as a prohibited sign. “Façade sign” is a synonym for “wall sign”. Most of the revisions are non-substantive and include clarifications of previously defined terms. Some examples include: A sign is regarded as “abandoned” if it is located on a building or property that is vacant or unoccupied for at least 90 days. Criteria has been added to clarify when a sign meets the definition of a “billboard”. The definition of an “Electronic message board sign” has been revised to include the terms “digital display” or “Changeable Electronic Variable Message Sign” and more completely describe it as a sign that can be ATTACHMENT 4 2 Code Subsection(s) Proposed Amendment Discussion/Analysis Clarify under what circumstances murals, paintings, and pictorial displays are not a sign. Also, clarify that small-wheeled vehicles (golf carts, wheelchairs, human powered taxis) and vending and automatic teller machines without general advertising are not signs. programmed to display electronic messages or images using digital technology often by automatic or remote control. “Establishment has been clarified to exclude automated facilities from the definition. The existing ordinance does not address under what circumstances murals, paintings, and similar pictorial displays are signs and therefore subject to the sign ordinance. This new provision clarifies that “murals, paintings, and similar pictorial displays that are painted directly onto a building and are not intended to draw attention to any use, product, service or event”, are not included within the definition of a sign and are not regulated by the Sign Ordinance (Chapter 21.41 of the CMC). 21.41.025 General provisions. Several amendments are recommended by the City’s Legal Consultant (Randal R. Morrison) who specializes in the constitutionality of municipal sign ordinances particularly with regard to noncommercial messages. The amendments include: Revise/clarify the existing provisions regarding the rules for the substitution of noncommercial messages for commercial or noncommercial messages on signs. The addition of a new subsection dealing with the permitted non-commercial message sign display area allowed in addition to the non-commercial signage allowed through the message substitution provisions of the code. The addition of a new sub section dealing with speech and discretionary sign approvals. The objective of all of these amendments is to ensure that the City’s Sign Ordinance complies with current case law regarding “freedom of speech” and the constitutional validity of sign ordinances. The revised text clarifies the first amendment (freedom of speech) constitutional right for a person who is a sign owner to substitute a noncommercial message of any type for all or part of a commercial or noncommercial message on any sign allowed by the Sign Ordinance. This provision allows 8 square feet of non-commercial display area on residential units and nonresidential establishments at all times and furthermore allows 25% more display area during campaign periods. This provision restates and clarifies that the Sign Ordinance, and any official discretion delegated therein, can only regulate the time, place and manner of construction of any sign but may not regulate the message or communicative aspects of the sign. ATTACHMENT 4 3 Code Subsection(s) Proposed Amendment Discussion/Analysis The addition of a new subsection concerning sign and/or property owner responsibility for compliance with the Sign Ordinance. The addition of a new subsection regarding sign regulations in mixed use zones. Both the sign owner and property owner on whose property the sign is located are responsible for complying with the Sign Ordinance standards and procedures. In zones where both residential and non-residential uses are allowed, residential uses shall be subject to the residential sign standards of the Sign Ordinance and non-residential uses shall be subject to the non- residential sign standards. 21 41.030 Prohibited signs This Section has been modified to redefine “billboards consistent with the definition revision and to no longer prohibit electronic message board signs at regional commercial centers that have a Regional Commercial General Plan land use designation and frontage on a freeway (I-5 or SR-78). The prohibition of “general advertising” messages displayed on vehicles parked on any public property within the city has been deleted. This Section has been revised to prohibit “commercial mascots” (a live person costumed to express a commercial image when visible from the public right-of-way). This Section has been clarified to prohibit feather banner signs. See staff report, Project Description, Digital Signs. This provision is preempted by the Streets and Highways Code. This change adds this prohibited sign type to the sign ordinance. This change clarifies that this type of sign is prohibited by the sign ordinance. ATTACHMENT 4 4 Code Subsection(s) Proposed Amendment Discussion/Analysis 21.41.040 Signs on private property not requiring a sign permit. Add a provision to allow for 8 SF of noncommercial message sign area on nonresidential establishments at all times and increase the permitted noncommercial message sign area for residential uses from 6 SF to 8 SF. Revise the permitted size of noncommercial signs on a private residence and a nonresidential establishment during campaign periods from 8 SF and 16 SF respectively to 10 SF/DU. Revise the permitted display time for campaign signs on private property from 45 days to 30 days preceding an election. Revise the permitted sign height for freestanding signs from 5’ to 6’. This change adds a permitted sign area (8 SF) standard for noncommercial messages on nonresidential establishments that currently doesn’t exist in the code and allows for comparable permitted noncommercial message sign area (8 SF) for both residential and nonresidential uses. This change is to allow for comparable permitted campaign sign area for both residential and nonresidential uses. This change is to provide more similarity with City Council Policy #65 which allows 20 days for the permitted display time for campaign signs in the public right-of-way. This change is to achieve uniform sign height standards for freestanding signs. Six feet provides increased sign height to enhance the visibility of freestanding signs. 21.41.050 Application and permit procedures. Revise the ordinance to delegate sign review, approval and denial authority to the City Planner instead of the community development director. The Planning Director (renamed “City Planner”) has historically assumed these responsibilities and this revision clarifies this. 21.41.060 Sign programs and modified sign programs. Section 21.41.060 has been revised and reorganized to include the comprehensive review, notice, approval and appeals procedures for sign programs, modified sign programs (MSP) and modified minor sign programs. Delete the existing Sign Ordinance provision (21.41.060.A.1.) which specifies that sign programs are not permitted to supersede the development standards of the Sign Ordinance. Replace this with a new provision to allow modified sign programs to vary from the development standards of the Sign Ordinance subject to specific findings being made and subject to the approval of a modified minor sign program by the City Planner or a modified sign program by the Planning Commission. The City Planner would have the discretion to approve modifications in sign area, sign height and permitted These procedures for sign programs, modified minor sign programs and modified sign programs are new and clarify that sign programs are ministerial permits that require administrative approval by the city planner and that modified minor sign programs and modified sign programs are discretionary permits that require the review and approval by the City Planner and Planning Commission respectively. One of the primary objectives of this ordinance amendment is to allow projects to vary from the sign regulations of the Sign Ordinance through the discretionary approval of a modified sign program. A sign program is a plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement. A sign program also functions as a master record of permitted and actual signage on a property. This information provides the City a significant benefit in administering signs for the property. ATTACHMENT 4 5 Code Subsection(s) Proposed Amendment Discussion/Analysis number of signs by up to 25% of the maximums permitted by the Sign Ordinance and the Planning Commission could approve modifications from greater than 25% up to 50%. The proposed findings (Subsection 21.41.060.E.) to approve a modified sign program require continued consistency with the General Plan and Local Coastal Program and address those factors that are typically associated with the request to modify including: unique size, location, orientation or visibility of the site, building or freestanding sign. Add a provision specifying that when calculating the permitted number of signs allowed through a modified sign program, if the calculation results in a fractional sign of .5 or greater, the fraction shall be rounded up to the nearest whole number. If the calculation results in a fractional sign of less than .5, The request to vary from the Sign Ordinance standards is typically associated with one of several factors including: the large size of the building whereby the permitted signage is not proportional with the buildings mass, the distance of the building from the adjacent street which diminishes the visibility of the permitted signage from the street, the configuration of the building on the lot whereby the permitted signage is not readily visible, the existence of topography or landscaping constraints which impede the clear view of the signage, and/or the desire to accommodate a corporate logo of the tenant at an appropriate scale, The City’s former Sign Ordinance (pre 2001) allowed for projects with an approved sign program to vary from the sign regulations (i.e. permitted number, height or size of signs) of the Sign Ordinance in order to adequately identify a business or project. Staff is recommending that a discretionary sign program is an appropriate permit mechanism to achieve this objective. A sign program would provide some signage flexibility (from 1% up to 50% increase in the number, size and/or height of signs) requested for these uses. However, since the permitted percentage increase is limited to 50% and specific findings are required to be made to approve this discretionary permit, adequate control over sign aesthetics and quality will still be maintained. Furthermore, the ability to vary from the sign standards would reduce the number of sign variance requests. The ability to deviate from the standards provides the applicant some signage flexibility with regard to identifying the location of their establishment that otherwise would have not been available without a sign variance. This change adds this clarifying provision which currently doesn’t exist. ATTACHMENT 4 6 Code Subsection(s) Proposed Amendment Discussion/Analysis the fraction shall be rounded down to the nearest whole number. For example, if a building is allowed 1 wall sign/building, then a 25 % increase would allow for 0 additional wall signs (1 x 1.25 = 1.25 or 1 sign when rounded down). In comparison, a 50% increase would allow for 1 additional wall sign (I x 1.5 = 1.5 or 2 signs when rounded up). A new provision (Subsection 21.41.060.F.1.f) has been included to clarify that a sign program may not be used to permit a sign type which is otherwise prohibited. The City’s existing Sign Ordinance mandates that comprehensive sign programs be required and approved for all master plans, specific plans, commercial projects, and industrial/office parks of greater than 25 acres in area. The proposed amendment would require comprehensive sign programs for smaller sized (greater than 10 acres in area) industrial or office developments. The proposed amendment would also allow applicants for other types of development projects that do not require a sign program to process sign program permits. This change adds this clarifying provision which currently doesn’t exist. These revisions would require smaller projects (> 10 acres in area) to process sign programs and would also enable other types of projects that do not require a sign program to also request to process a sign program to establish continuity and coherence of all on-site signs. This revision would enable the city to require greater compatibility of signs within a smaller sized project thereby enhancing the sign aesthetics of a project. 21.41.070 General sign standards. The methodology for measuring sign area is proposed for revision so as to only include the extreme limits of the graphic image, writing, representation, emblem or other part of the message display in the sign area. This revised definition for sign area will no longer include background (non-message area) and is now more consistent with sign area definitions of other California jurisdictions and also consistent with how sign area was formerly calculated within the City. 21.41.080 Sign design standards. Revisions are proposed to this section to reiterate (1) that wall signs are not permitted on any equipment enclosure located above the roofline, (2) that directional signs shall be oriented to direct traffic on the project site, and that (3) illuminated wall signs located within 300 feet of residential property are prohibited. These provisions are also included either within Sign Table “B” located in Section 21.41.095 or as footnotes #3 and #6 to Table “B”. ATTACHMENT 4 7 Code Subsection(s) Proposed Amendment Discussion/Analysis 21.41.095 Permitted permanent signs. Revise several sign standards within Table B (Permanent Signs Permitted) to provide more readily visible signage and consistent and uniform standards for similar types of signs including: Increase the permitted monument sign area for residential projects from 15 or 35 SF to 60 SF. Modify the monument sign standards so that the permitted sign area (60 SF) and letter height (24”) standards are uniform for all uses. Modify the directional sign standards so that the permitted sign area (6 SF), number of directional signs/driveway (3), and sign height (6’) standards are uniform for all uses. The maximum 6” letter height standard for directional signs has also been deleted. For a variety of uses (commercial centers and buildings, hotels, motels and professional care facilities), clarify that 1 monument sign is allowed per driveway entrance instead of street frontage. Add a new wall sign maximum letter height standard (60”) for larger sized (100,000+SF) commercial centers and freestanding commercial buildings that are located in commercial zones. Increase the maximum number and size of wall signs for office, industrial and commercial uses located in the office, industrial and planned industrial zones relative to the size of the building. The number of wall signs will range from 1-3 per street frontage, and maximum sign size will range from 50 SF- 75 SF with maximum 24” – 48” letter heights. Increase the permitted sign area (from 5 SF to 8 SF) and letter height (from 6” to 12”) for wall signs that are located directly above the building entrance in a non-residential multi-tenant building. The objective of these revisions is to improve sign readability for motorists and pedestrians while providing more uniform standards for similar types of signs which will enable greater aesthetic continuity of freestanding signs throughout the City and easier implementation of sign permits. This new letter height standard is more visually proportional for larger sized commercial buildings. The increased number of wall signs permitted per street frontage and increase in sign area is to provide better sign readability and more wall signage flexibility to nonresidential uses within the City’s industrial and office parks. Since the last comprehensive sign ordinance amendment the existing standards have not adequately addressed wall signage demands for larger and or multi-tenant non-residential buildings. The increase in sign area and letter height for wall signs located directly above the building entrance in a non- residential multi-tenant building is to allow for easier identification of the respective tenants. ATTACHMENT 4 8 Code Subsection(s) Proposed Amendment Discussion/Analysis Delete existing footnote #5 which prohibits non- residential building elevations that are located in the office and industrial zones and front along or are within 500 feet of I-5, SR 78, Palomar Airport Road or El Camino Real from having more than one wall sign along those elevations. Increase the permitted wall sign area for hotels/motels from .5 SF to 1 SF per each lineal foot of building frontage. Allow electronic message board signs or digital displays for regional commercial centers (Plaza Camino Real and Car Country Carlsbad) that have a Regional Commercial General Plan land use designation and frontage on a freeway (I-5 or I-78) subject to the approval of a CUP by the City Council. Revise the permitted wall sign area for professional care facilities from 30 SF to 1 SF/lineal foot of building frontage. Add a new standard to allow for wall signage (30 SF per street frontage) on gas/service stations, public parks, playgrounds, recreational facilities, nature/interpretive centers and similar uses. Reduce the permitted canopy sign area from 40 SF per sign to 10 SF per sign for gas/service stations, . Increase the maximum sign letter height for stand-alone theaters or cinemas from 24” to 60”. Increase the maximum permitted wall sign area for government buildings, churches or private schools from 30 SF to 40 SF. The deletion of this multiple wall sign prohibition on office and industrial buildings which front along these high speed freeway and primary arterial street corridors will provide for increased sign readability and easier identification for businesses located in multi-tenant buildings. Since the last comprehensive sign ordinance amendment the existing standards have not adequately addressed wall signage demands for non-residential office and industrial uses which front along these freeways and primary arterials. This wall sign ratio of 1 SF per lineal foot of building frontage is the typical standard for tourist- commercial uses. See staff report, Project Description, Digital Signs. This will allow for comparable permitted wall sign area as for other non-residential uses. This wall sign provision was inadvertently omitted with the last amendment to the Sign Ordinance. This reduction in canopy sign area is compensated for by the new standard which allows for wall signage on gas/service stations. This letter height revision is comparable to the tallest letter height allowed for commercial centers. Furthermore, movie theaters typically have taller sign letter heights. This change is to provide for larger and more visible wall signs for such facilities. ATTACHMENT 4 9 Code Subsection(s) Proposed Amendment Discussion/Analysis Increase the maximum permitted wall sign area for produce/flower stands from 9 SF to 32 SF Revise footnote #3 from 500’ to 300’. Revise footnote #4 from 500’ to 300’. Revise footnote #6 to allow wall signs to be located on the parapet of flat roofed buildings or on an architectural projection (i.e.; an architectural tower element). This revision will allow produce/flower stands to post a uniform sized (standard sheet of plywood) maximum 32 SF sign. This footnote currently prohibits illuminated wall signs on elevations that face and are within 500’ of any residential property line. The 300’ distance is more reasonable and appropriate in view of the fact that non-residential businesses (i.e.; drug and grocery stores) are often located across the street (and closer than 500 feet) from residential uses. This footnote prohibits more than one wall sign along any building elevation that fronts along or is within 500’ of I-5, SR 78, Palomar Airport Road or El Camino Real. Most building elevations which front along any of these corridors are within 300 feet of the corridors. Therefore, the 500’ standard is unnecessary. The existing provision was intended to prohibit wall signs on equipment enclosures located on a roof. This proposed revision would allow wall signs on an architectural tower or along the parapet located along the rooftop, provided it is an integral part of the building elevation and not exclusively an equipment enclosure. Many sign application requests are to locate a wall sign on the uppermost surface of a buildings elevation or an architectural tower. Those that exist today are readable and not aesthetically intrusive. Section 21.41.100 Revise Table C, Projects which are under construction and Real Property which is for rent, sale or lease, to increase the permitted sign area for these temporary signs for residential projects (2-10 units in size) from 12 SF to 32 SF. This revision will allow all projects which are under construction or are for rent, sale or lease to post a uniform sized (standard sheet of plywood) maximum 32 SF sign. Section 21.41.120 Revise this section of code to delegate sign removal authority from the Community and Economic Development Director to the City Planner. The City Planner has historically assumed these responsibilities and this revision clarifies this. ATTACHMENT 4 10 Code Subsection(s) Proposed Amendment Discussion/Analysis City Council Policy #65 Revise City Council Policy #65, Signs on Public Property, to allow a variety of way-finding (directional) signs to be posted in the public right-of-way along City streets. Way-finding signs would be permitted for a variety of uses and visitor facilities including: City neighborhoods, public buildings and facilities, the Chamber of Commerce, Carlsbad Visitors Center, train stations, museums, city lagoons and beaches, nature centers, the Flower Fields, Legoland, the Village Area, and a variety of business, civic and professional clubs (i.e.; Lyons Club, Rotary Club, Kiwanis and Knights of Columbus). The City has received requests from a variety of non-profit clubs and other tourist organizations to allow them to locate way-finding (directional) signs off-site and within the public right-of-way or on public property to guide residents and visitors to the City to public buildings and facilities, quasi-public buildings, city neighborhoods, philanthropic organizations, cultural/historical destinations, tourist destinations and points of public interest within Carlsbad and other uses, locations or destinations as approved by resolution of the City Council. Way-finding signs are primarily to benefit city visitors to locate destinations of general public interest. City Council Policy #65 (Signs on Public Property) is proposed for amendment to allow for “Way-finding Signs” to be located off-site and within the public right-of-way for these types of uses. The signs would be subject to the approval of the City Planner, City Engineer and Traffic Engineer and could either be located on the City’s Residential Kiosk Signs or designed by the user and installed by the City at approved locations. 1 Chapter 21.41 SIGN ORDINANCE Sections: 21.41.005 Purpose. 21.41.010 Applicability. 21.41.020 Definitions. 21.41.025 General provisions. 21.41.030 Prohibited signs. 21.41.040 Signs on private property not requiring a sign permit. 21.41.050 Application and permit procedures. 21.41.060 Sign programs and modified sign programs. 21.41.070 General sign standards. 21.41.080 Sign design standards. 21.41.090 Coastal zone sign standards. 21.41.095 Permitted permanent signs. 21.41.100 Permitted temporary signs. 21.41.110 Construction and maintenance. 21.41.120 Removal of signs. 21.41.125 Appeal of denial or revocation. 21.41.130 Nonconforming signs. 21.41.140 Remedies and penalties. 21.41.150 Violations. 21.41.160 Severability. 21.41.005 Purpose. A. The purposes of the sign ordinance codified in this chapter include to: A1. Implement the city's community design and safety standards as set forth in the general plan; B2. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs; C3. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics; D4. Eliminate the traffic safety hazards to pedestrians and motorists posed by off-site signs bearing commercial messages; E5. Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public; F.6. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages; G7. Allow the expression of political, religious and other noncommercial speech at all times and allow for an increase in the quantity of such speech in the period preceding elections; H8. Protect and improve pedestrian and vehicular traffic safety by balancing the need ATTACHMENT 5 2 for signs which facilitate the safe and smooth flow of traffic (i.e., traffic directional signs) without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards; Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics; I9. Minimize the possible adverse effects of signs on nearby public city and private property; J10. Serve the city's interests in maintaining and enhancing its visual appeal for tourists and other visitors, by preventing the degradation of visual quality which can result from excess signage; K11. Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the city; L12. Defend the peace and tranquility of residential zones and neighborhoods by generally forbidding commercial signs on private residences, while allowing residents the opportunity, within reasonable limits, to express political, religious and other noncommercial messages from their homes; and M13. Enable the fair, consistent and efficient enforcement of the sign regulations of the city. (Ord. NS 606 § 1 (part), 2001) 21.41.010 Applicability. A. The provisions of this chapter shall apply generally to all zones established by this title. B. Properties and uses in the village review (VR) zone are regulated first by the sign standards of the Carlsbad village master plan and design manual, and then, to the extent not covered by said master plan and design manual, by the provisions of this chapter. C. Signs on public city property, both within the village review zone and other zones, are controlled by cCity cCouncil pPolicy., not by this chapter. D. In those areas of the city where master plan or specific plan sign standards or sign programs were are adopted by ordinance as special zoning regulations, those sign standards or sign programs shall apply; however, the "message substitution" provisions of this chapter, section 21.41.025(2), shall apply to such programs and plans. All other sign programs that were approved prior to the effective date of this chapter, but not by ordinance, are subject only to the "message substitution" provisions of this chapter (section 21.41.025(2)),. except that if any such sign program is proposed for amendment to increase overall sign area allowed, then the sign program must be amended to conform with all development and design standards of this chapter. E. F. Except as noted in the preceding paragraph, a sign, as defined in this chapter, may be affixed, erected, constructed, placed, established, mounted, created or maintained only in conformance with the standards, procedures and other requirements of this chapter. The standards regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise stated. (Ord. NS 606 § 1 (part), 2001) 3 (Ord. No. CS 038, § I, 7 7 2009) 21.41.020 Definitions. A. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: (1) 1. "Abandoned sign" means any sign that meets any of the following criteria: (a) a. Sign is located on property that becomes vacant or unoccupied for a period of at least 90 days, (b) b. Sign which pertains to any occupant or business unrelated to the premises' present occupant or business, or (c) c. Sign which pertains to a time, event or purpose which no longer applies. (2) 2. "Abate" means to put an end to and physically remove. Discontinuance of a sign without removal of the entire sign structure shall not constitute abatement. 3. “Advertising for hire”. See “General advertising” (3) 4. "Address sign" means the identification of the location of a building or use on a street by a number(s). (4) 5. "A-frame sign" means a freestanding sign, not higher than five feet and not wider than three feet, designed to be easily movable and to rest on the ground without being affixed to any object or structure. Such signs are commonly in the shape of the letter "A," but may also be in the shape of an inverted letter "T" or a letter "H,." functionally similar signs are also within this definition. (5) 6. "Animated sign" means any sign with action or motion or color changes, whether or not requiring electrical energy or set in motion by wind. This definition includes digital signs and excludes flags. (6) 7 "Attraction board" means a sign capable of supporting copy which is readily changeable, such as theater marquee, and which refers to products, services or coming events on the premises. (7) 8. "Average grade" means the average level of the finished surface of the ground directly beneath a monument or pole sign. (8) 9. "Awning sign" means a sign that is a part of, or attached to, an awning, canopy or other fabric, metal, plastic or structural protective cover over a door, entrance, window, architectural feature or outdoor service area. A marquee is not an awning or canopy. (9) 10. "Balloon" means a small inflatable device used for purposes of commercial signage, advertising or attention getting. See also "inflatable signs." (10) 11. "Banner" means any sign made of cloth, lightweight fabric, bunting, plastic, vinyl, paper or similar material that is permanently or temporarily placed on, or affixed to, real property in a location where it is visible to the public from outside of the building or structure. A flag, as defined, shall not be considered a banner. (11) 12. "Beacon" means a stationary or revolving light (including laser lights, klieg lights, spot lights, search lights, projected image signs and similar devices) with one or more beams projected into the atmosphere or directed at one or more points away from the light source and used for purposes other than police, fire, public safety or news gathering operations. (12) 13. "Bench sign" means a sign painted on or affixed to any portion of a bench or seating area at bus stops or other such pedestrian areas. (13) 14. "Billboard" means an off site permanent structure sign which displays a 4 commercial message. a permanent structure sign in a fixed location which meets any one or more of the following criteria: a. Sign is used for the display of off-site commercial advertising; b. Sign is used for general advertising, also known as advertising for hire; c. Display space on the sign is customarily used to display messages sponsored by persons or entities other than the owner of the sign and/or the owner of the land on which the sign is located; or d. The sign is not accessory or appurtenant to a principle use of the land. (14) 15. "Building frontage" means the total width of the elevation of a building which fronts on a public or private street or the building elevation along which the main entrance exists. For the purposes of calculating permitted sign area, every building has only one building frontage. If more than one business is located in a single building, then such area shall be limited to that portion which is occupied by each individual business or establishment. (15) 16. "Building marker" means a sign cut into a masonry surface or made of bronze or similar material permanently affixed to a public building or building of designated historic significance. (16) 17. "Bus stop signs" means a sign mounted on a shelter which serves as a bus stop or passenger waiting area for public transportation; this definition does not include devices giving the schedule and/or prices for the transportation service. (17) 18. "Canopy sign." See "awning sign." (18) 19. "Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be physically or mechanically changed or rearranged without altering the face or the surface of the sign. This does not include a digital sign. (19) 20. "Channel lettered signs" means a sign s with individually cut, three dimensional letters or figures affixed to a building or sign structure. 21. “City property” means all land located within the corporate limits of the city to which the City holds the present right of possession and control, or is part of the public right-of- way located within the city. The definition also includes facilities and properties owned or operated by the city. (20) 22. "Commercial center" means a commercial development that includes predominantly retail businesses with access driveways or parking spaces shared by one or more of the businesses. 23. “Commercial mascot” means a live person or animal so attired or costumed as to portray or express a commercial image when visible from any portion of the public right-of-way. (21) 24. "Commercial signage" or "commercial message" means any sign or sign copy with wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity or which proposes a commercial transaction or relates primarily to commercial or economic interests. (22) 25. "Construction sign" means a temporary sign displayed on real property on which construction of new improvements is occurring during the time period which begins with the issuance of the first necessary permit for the construction and ends with the latest of any of the following, or their functional equivalents: notice of completion or certificate of occupancy.. (23) 26. "Cornerstone" means stone or other wall portion laid at or near the foundation of a building and which indicates in permanent markings the year of construction. Also called “foundation stone”. 5 (24) 27. "Directional sign" means an on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site. (25) 28. "Directory sign" means a sign listing the persons, activities or tenants located on-site. (26) 29. "Eaveline" means the bottom of the roof eave or parapet. (27) 30. "Electronic message board sign" or “digital display”, also known as CEVMS (Changeable Electronic Variable Message Sign), message center (Business and Professions Code 5216.4) or Electronic Message Center means a sign that can be programmed to display different electronic messages or images. The term includes a sign which, for all or part of its display area, uses digital technology, such as with a fixed or changing display composed of a series of lights, light emitting diodes (LED), or liquid crystal display (LCD), plasma display, projected images or functionally similar devices equivalent technologies, often by automatic or remote control. (28) 31. "Establishment" means any organization or activity which uses land for purposes other than residential use. It Iincludes all business and commercial uses, as well as institutional, public, semi-public and other noncommercial uses but does not include a permanently enclosed place or use where people regularly sleep or prepare their own meals (not including hotels, motels or other places offering temporary or short term accommodations to the public which are within the meaning of establishment) private residential uses; however hotels, motels, inns, bed and breakfast places, etc. are within this definition. Automated facilities, which have live persons in attendance only during limited or maintenance hours (i.e., power transformer stations, broadcasting towers, water tanks, weather data collection stations, vending machines, etc.) are not within this definition. (29) 32. "Externally illuminated" means illuminated by a light source that is located externally to the sign surface. This method of lighting may include, but is not limited to, spotlighting or backlighting. 33. “Façade sign” means a sign fastened to the exterior walls of a building exposed to public view. See also “wall sign”. (30) 34. "Fascia sign" means a sign fastened to or engraved in the band or board at the edge of a roof overhang. (31) 35. "Flag" means a device, generally made of flexible materials such as cloth, fabric, paper or plastic, usually used as a symbol of a government, political subdivision, public agency, company logo, belief system or concept. (32) 36. "Freestanding commercial building" means a building occupied by a single user retail business, or a noncommercial use located in a zoning district where commercial activities are allowed, that has direct vehicular access to an adjacent street. (33) 37. "Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and pole signs. (34) 38. "Freeway service station" means a gas/service station located on a property that is contiguous to a freeway interchange. (35)(36) 39. "General advertising" means the business or practice of offering sign display space, usually for a fee or other consideration, to one or more commercial advertisers. “Advertising for hire” has the same meaning. (37) 40. "Hand held" means those signs or visual communication devices which are held by or otherwise mounted on human beings or animals. (38) 41. "Inflatable signs" or "inflatable attention-getting devices" means any 6 device filled with air or gas, that is air or gas filled device located, attached or tethered to the ground, site, merchandise, building or roof and used for the purposes of commercial signage, advertising or attention getting. Commercial advertising blimps, when tethered, are within this definition. (39) 42. "Internally illuminated" means the illumination of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face. (40) 43. "Logo" means a trademark or symbol of an organization, belief system or concept. (41) 44. "Marker board" means a board designed for displaying images made by chalk, markers or similar devices; includes devices commonly known as blackboards, whiteboards and chalkboards. Also includes devices sold under commercial names such as Promethean Boards, Activeboards, and functionally similar devices. (42) 45. "Marquee" means a permanent canopy structure attached to and supported by a building and projecting near or over private sidewalks or public rights-of-way, generally located near the entrance to a hotel, theater or entertainment use, and used as a display surface for a sign message. (43) 46. "Master plan" means a plan prepared and adopted pursuant to Chapter 21.38 of this code. (44) 47. "Mobile billboard" means a vehicle for which the primary use is to the display of a general advertising message(s). (45) 48. "Monument sign" means a freestanding sign, which is supported by a base that rests upon the ground and of which the display or copy is an integral part of the design. Contrast; pole sign. (46) 49. "Multi-face sign" means a sign displaying information on at least two surfaces, each having a different orientation, or on a curved surface so that the copy or image is different when viewed from different angles. (47) 50. "Multi-tenant building" means a nonresidential building in which there exists two or more separate nonresidential tenant spaces, or businesses or establishments. (48) 51. "Neon sign" means a sign that utilizes neon or other fluorescing, inert or rarified gases within translucent tubing in or on any part of the sign structure. (49) 52. "Noncommercial message signage" means any image on a sign which is intended to conveys or expresses commentary on topics of public concern and debate, including a noncommercial message including, by way of example and not limitation, commentary on social, political, educational, religious, scientific, artistic, philosophical or and charitable commentary subjects. This definition also includes signs regarding fund raising or membership drive activities for noncommercial or nonprofit concerns. (50) 53. "Nonconforming sign" means any sign which was legally established in conformance with all applicable laws in effect at the time of original installation but which does not conform to the requirements of this chapter or other later enactments. (51) 54. "On-site sign" means a sign displaying a commercial message which relates or pertains to the business conducted, services available or rendered or goods available for sale, rent or use, upon the same premises where the sign is located. A sign program may define "on-site" in a manner which applies only to that program. The on-site/off-site distinction applies only to commercial messages. (52) 55. "Off-site sign" means any sign that gives directions to or identifies a 7 commercial use, product or activity not located or available on the same premises as the sign. The on-site/off-site distinction applies only to commercial messages. There is no location criterion for noncommercial messages. (53) 56. "Pennant" means an individual or a series of lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. (54) 57. "Permanent sign" means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building. The message display of a sign may be changed without affecting its character as a permanent sign. (55) 58. "Person" means any natural person, marital estate, sole proprietorship, partnership, limited partnership, corporation (of any type or form, regardless of where incorporated), trust, association, limited liability company, unincorporated association or any other juridical person capable of legally owning, occupying or using land. (56) 59. "Pole sign" means a freestanding sign, that is greater than six feet in height and is supported by one or more vertical supports. The definition applies even if the support poles or pylons are covered with cladding or skirting. (57) 60. "Portable sign" means a sign made of any material which, by its design, is readily movable including, but not limited to, signs on wheels, casters and rollers, "A-frame" signs and signs attached to vehicles or trailers, or water vessels, humans or animals. (58) 61. "Premises" means the place where a business or other establishment is located. If there is only one business or establishment on the legal parcel, then the entire parcel is the premises. If there is more than one business or other establishment on a single parcel, then the premises is the portion of the parcel actually occupied or exclusively used by the business or other establishment, except that signs relating to the owner or manager of the entire parcel may be considered on-site when placed anywhere on the parcel. (59) 62. "Prohibited sign" means any sign that is specifically not permitted by this chapter or was erected without complying with the regulations of this chapter in effect at the time of construction, display or use. (60) 63. "Projecting sign" means a sign which projects more than ten inches from a wall or other vertical surface, generally at about ninety degrees. (61) 64. "Property owner" means the owner of the property on which the sign is displayed or proposed to be displayed. When the property is land, "owner" includes the legal owner according to the official land records of the San Diego County Recorder, all beneficial owners thereof and all persons presently holding a legal right to possession of the subject property. (62) "Public property" means all land located within the corporate limits of the city and which is either owned by the city or the redevelopment agency or is part of the public right of way located within the city. The definition also includes programs or facilities owned or operated by the city.(63) 65. "Regional commercial center" means a commercial development located upon a property with a regional commercial general plan land use designation and having the following characteristics: project site area between thirty and one hundred acres; gross lease area between three hundred thousand and one million five hundred thousand square feet; major tenants may include full-line department stores (two or more), factory outlet centers, power centers of several high volume specialty stores, warehouse club stores or automobile dealerships; 8 secondary tenants may include a full range of specialty retail, restaurants and entertainment. A center is still within this definition even if it includes one or more noncommercial uses. (64) 66. "Right-of-way" means an area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both. (65) 67. "Roof sign" means a sign erected and constructed wholly or in part upon, against or above the roof of a building. For purposes of this chapter, any portion of a building above or behind the fascia or parapet of a building shall be considered part of the roof. (66) 68. "Shopping complex" means the same as "commercial center." (67) 69. "Sign" means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol, image or writing to advertise, announce the purpose of, identify a person, product, service or entity or to communicate information of any kind to the public. However, the following are not within the definition of "sign" for the regulatory purposes of this chapter: a. Any public or legal notice required by a court or public agency; b. Decorative or architectural features of buildings ,( not including except letters, trademarks or moving parts); c. Holiday decorations and lights, clearly incidental to and associated with holidays or cultural observances and which are on display on a given parcel for not more than forty-five calendar days in a calendar year; d. Building markers, as defined herein; e. Cornerstones, as defined herein; f. Symbols or insignia which are an integral part of a doormat or welcome mat, or embedded directly into the sidewalk or entrance surface, so long as such device is otherwise legal and is located entirely on private property and on the ground or sidewalk; g. Items or devices of personal apparel or decoration but not including hand held signs or commercial mascots; h. Marks on tangible goods, which identify the maker, seller, provider or product, as such are customarily used in the normal course of the trade or profession; i. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation: stained glass windows, carved doors or friezes, church bells and decorative fountains; j. Property entry and security protection notices and signs warning of dangers or health and safety policies, such as, by way of example and not limited to, "Beware of Dog," "Danger High Voltage," "No Shirt No Service," etc., when such are not over one square foot on residential uses or two square feet on other uses and firmly affixed to their mounting surface or device; k. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter; l. Devices which are located entirely within an enclosed structure and are not visible from the exterior thereof; m. Advertisements or banners mounted on or towed behind free-flying airborne vessels or craft, such as airplanes, dirigibles, untethered blimps and the like; n. Advertisements or banners mounted on trains or other mass transit vehicles which legally pass through the city; 9 o. On street legal vehicles and properly licensed watercraft, lLicense plates, license plate frames, registration insignia, and noncommercial messages on street legal vehicles and properly licensed watercraft, and messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages on the vehicle or watercraft relating to the proposed sale, lease or exchange of the vehicle or vessel.; p. Messages on golf carts, wheelchairs, personal scooters, human powered taxis, shopping carts or other small wheeled vehicles. Signs on any motorized device which may legally travel upon public roads or highways is not within this definition; q. Vending machines which do not display general advertising; r. Automated teller machines at banks and facilities for walk up and drive up service at banks, credit unions and similar establishments; s. Murals, paintings and similar pictorial displays that are painted directly onto a building and are not intended to draw attention to any use, product, service or event. (68) 70. "Sign area" means the display or message area of the sign. The methods of computing sign area are detailed in Section 21.41.070.(A). (69) 71. "Sign height" means the height of the highest point on the sign structure above grade or ground beneath. The methods of calculating sign height are stated in Section 21.41.070.(B). (70) 72. "Sign permit" means an entitlement from the city to place or erect a sign. (71) 73. "Sign program" means a plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement. (72) 74. "Site development plan" means a plan required pursuant to Chapter 21.06 of this code. (73) 75. "Specific plan" means a plan prepared and adopted pursuant to Section 65451 of the California Government Code. (74) 76. "Street frontage" means the distance along which a lot line adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street. A development project containing more than one lot along a street shall be considered to have only one street frontage on that street. Corner lots have at least two street frontages. (75) 77. "Suspended sign" means a sign hung from the underside of a marquee, pedestrian arcade or covered walkway, usually at approximately ninety degrees to the building wall or storefront. (76) 78. "Tall freestanding sign" means a monument or pole sign that is greater than fourteen feet in height. (77) 79. "Temporary seasonal sales permit" means a permit to allow outdoor seasonal and holiday sales, including, but not limited to, Christmas trees, pumpkins and flowers, on private property. (78) 80. "Temporary sign" means a sign, including paper, cardboard wood, plastic, synthetic, fabric or similar materials, which by virtue of its physical nature may be used only for a limited period of time and is not permanently mounted. (79) 81. "Traffic directional sign" means a sign which indicates place, location or direction for the information of drivers or pedestrians. (80) 82. "Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the physical structure of the sign or its mounting mechanism. A sign may not be considered "unsafe" 10 within this definition by virtue of the message displayed thereon. (81) 83. "Vehicle sign" means a sign mounted upon a vehicle which may legally be parked on or move on public roads, as well as a sign mounted upon a water vessel which may legally move upon the waters. (82) 84. "Vessel sign" means a sign mounted upon a water vessel which may legally move upon the waters. (83) 85. "Wall sign" means a sign attached to a wall surface that does not project or extend more than ten inches from the wall, which is confined within the limits of an outside wall and which displays only one display surface. (84) 86. "Window sign" means any sign painted or affixed to the inside or outside of a window surface or otherwise located within a building so as to be visible from the exterior of the building. This definition does not include window displays of merchandise offered for sale, so long as such displays are located at least twelve inches from the window on the interior. (Ord. NS 606 § 1 (part), 2001) 21.41.025 General provisions. A. The provisions stated in this section apply to all signs within the regulatory scope of this chapter, and override more specific provisions to the contrary elsewhere in this chapter. (1) 1. Owner's Consent Required. a. The consent of the property owner is required before any sign may be displayed on any real or personal property within the city; b. In the case of public city property, the owner's consent shall be pursuant to a policy adopted by the city council. (2) 2. Message Substitution of Noncommercial Message. a. Subject to the owner's consent, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed pursuant to this chapter. b. Design criteria which may apply to commercial signs, such as color, lettering style or height, and compatibility with other signs on the same parcel or other signs subject to a sign program, do not apply to noncommercial message signs even when they are in an area subject to a sign program, master plan or specific plan. c. Message substitution is a continuing right and may be exercised any number of times, in whole or in part. d. No special or additional permit is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign is already permitted or exempt from the permit requirement and the sign structure satisfies all applicable laws, rules, regulations and policies. e. When a noncommercial message is substituted for any other message, the sign is still subject to the same location and structure regulations, such as size, height, illumination, duration of display, building and electrical code requirements, as would apply if the sign were used to display a commercial message or some other noncommercial message. f. This substitution provision shall prevail over any other provision to the contrary, whether more specific or not, in this chapter and applies retroactively to sign programs, master plans and specific plans which were adopted or approved before this chapter was enacted. g. This provision does not: i. Create a right to increase the total amount of signage on a parcel, lot or land 11 use; ii. Authorize the physical expansion of an existing sign; iii. Affect the requirement that a sign structure or mounting device be properly permitted; iv. Allow a change in the physical structure of a sign or its mounting device; or v. Allow the substitution of an off-site commercial message in place of an on- site commercial message or a non-commercial message. h. In addition to the non-commercial message display allowable under this provision, on any legal parcel, any unutilized sign display area which is available as a matter of right (i.e., not including display area available under some discretionary approval process), may be used to display non-commercial messages; a permit for such signage is required only when the physical structure or mounting device is subject to a building permit under the Building Code and/or an electrical permit under the Electric Code. (3) Substitution of Commercial Messages. This substitution provision does not automatically allow substitution of one commercial message for another commercial message, nor does it automatically allow free substitution of a commercial message in a place where only a noncommercial message is allowed; however, such substitutions may be allowed by other provisions of this chapter. This provision does not, by itself, allow off site commercial messages to be substituted for on site commercial messages; however, such substitution may be allowed by other provisions of this chapter. 3. Non-commercial speech. a. In addition to the sign display area available under the message substitution provision, signs displaying non-commercial messages only are allowable at all times and on all parcels, subject to the following regulations: i. A sign permit is required only if the sign qualifies as a structure requiring a building permit or an electrical permit; ii. On parcels where the principal use is residential, the allowable display area is 8 square feet per residential unit at all times; and iii. On parcels where the principal use is anything other than residential, the allowable display area is 8 square feet per nonresidential establishment at all times; iv. The allowable display space for non-commercial speech is increased by 25% during the time period which begins 30 days before a primary, general, or special election and ends within 10 days following the closing of the polls. (4) Location of Noncommercial Speech. For purposes of this chapter, all noncommercial speech messages shall be deemed to be "on site," regardless of location.(5) 4. Legal Nature of Sign Rights and Duties. a. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is mounted, affixed or displayed and run with the land or personal property. b. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or the person mounting the sign. (6) 5. Transfer of Signage Rights. a. Rights and duties relating to permanent signs may not be transferred between 12 different parcels of real property. b. All duly issued and valid sign permits for permanent signs affixed to land shall automatically transfer with the right to possession of the real property on which the sign is located. (Ord. NS 606 § 1 (part), 2001) c. This provision does not affect the ownership of signs, and does not prevent a given sign from being moved from one location to another, so long as the sign is properly permitted in the new location. 6. Compliance. a. Responsibility for compliance with this chapter is joint and severable as to all persons erecting, mounting, displaying or modifying any sign, all persons in control and custody of the property on which a sign is displayed, and the persons who are legal owners of record of the property on which a sign is displayed. 7. Discretionary Approvals. a. Whenever any sign permit, variance, CUP, Sign Program or Special Planning Area approval, or other sign-related decision, is made by any exercise of official discretion, such discretion shall be exercised only as to the non-communicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass of the structure, etc. b. Graphic design may be evaluated only for a Sign Program, and then only as applicable to commercial message signs. 8. Mixed Use Zones or Overlay Districts. a. In any zone where both residential and nonresidential uses are allowed, the sign related rights and responsibilities applicable to any particular parcel or land use shall be determined as follows: i. Residential uses shall be treated as if they were located in a zone where a use of that type would be allowed as a matter of right, and ii. Nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary permit. 21.41.030 Prohibited signs. A. The following signs, as defined in this chapter, are prohibited in all zones of the city, unless a more specific provision or city policy allows them at certain times and places: (1)1. Abandoned signs, including their structures and supports; (2)2. A-frame signs, as defined herein; (3)3. Animated signs including, but not limited to signs that move, blink, flash, change color, reflect, revolve or make noise, except for electronic message board signs or digital displays at regional commercial centers with a regional commercial general plan land use designation that have frontage on a freeway (I-5 or SR-78) ; (4)4. Balloons or other inflatable signs or devices, as defined herein; (5)5. Beacons, as defined herein; (6)6. Billboards with a display face greater than sixty square feet, as defined herein; (7)7. Bus stop bench/shelter signs, as defined herein; (8)8. Electronic message board signs or digital display signs, except for at regional commercial centers with a Regional Commercial general plan land use designation that have frontage on a freeway (I-5 or SR-78); 13 (9)9. Exposed neon lighted signs on any building elevation that faces and is within five hundred feet of any property line that adjoins residentially zoned property; (10) General advertising messages displayed on vehicles parked on any public property within the city; (11)10. Commercial mascots and Hhand held or sandwich board signs carried by a person on public city property or in the public right-of-way and displaying a commercial message; (12)11 Marker boards, as defined herein; (13)12. Mobile billboards or any other type of vehicle whose primary purpose is displaying general advertising that is moving or parked on city streets; (14)13. Off-site commercial signs excluding real estate for sale signs per Civil Code 713; (15)14. Portable signs with commercial messages; except for temporary signs as indicated in Sections 21.41.040 and 21.41.100; (16)15. Roof signs (except holiday decorations and lights); (17)16. Signs attached to trees, plants, rocks, fences, utility poles/cabinets or other objects, the primary function of which is not to support a sign; (18)17. Signs physically blocking or impeding the free passage of persons through doors, firescapes or public rights-of-way; (19)18. Signs erected on or over public city property including public easements and public rights-of-way, except those needed for traffic and public safety regulation as indicated in Section 21.41.070(C) and those erected pursuant to a policy adopted by the city council policy regarding signs on public city property; (20)19. Signs simulating in color or design a traffic sign or signal or using words, symbols or characters in such a manner as to be reasonably likely to interfere with, mislead or confuse pedestrian or vehicular traffic; (21)20. Signs that do not conform with applicable Uniform Building Code as adopted by Carlsbad and National Electric Code as adopted by Carlsbadregulations; (22)21. Temporary signs, including but not limited to banners (i.e.; feather banners) and pennants, except as provided for in Sections 21.41.040 and 21.41.100; and (23)22. Unsafe signs, as defined in this chapter. (Ord. NS 606 § 1 (part), 2001) 21.41.040 Signs on private property not requiring a sign permit. The signs listed in Table A do not require a sign permit, and their area and number shall not be included in the aggregate area or number of signs subject to a permit requirement, for any given property. Table A Signs on Private Property not Requiring a Sign Permit Type of SignDescription of Sign PlacementType of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/ Letter Height RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below 14 Type of SignDescription of Sign PlacementType of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/ Letter Height RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Traffic Control, Traffic Directional or Warning Signs erected or required by government agencies Freestanding/Wall/ Banner -------------------- -------------------- -------------------- -------------------- Address Sign Wall 1 per building 6 square feet per sign. The minimum number height shall be: Residential - 4 inches and Nonresidential - 6 inches, unless the Fire Marshal requires a greater height. -------------------- Noncommercial Message Signs on residential and nonresidential property Wall/Freestanding or Window -------------------- 6 8square feet per residential unit. 8 square feet per nonresidential establishment 56 feet above average grade/--------. 1. May not be illuminated 2. Must be located on the residential property. Additional Political and other Noncommercial Message Signs on private property during campaign periods Freestanding -------------------- 8 10 square feet per residential unit. 16 10 square feet per nonresidential lot establishment. 5 6feet above average grade or 3.5 feet above average grade if in the front yard/-----. 1. May be located on any private property, with owner's consent 2. Display time limited to 4530 days preceding any federal, state or local (primary, general or special) election and shall be removed, by the person placing or erecting such sign within ten (10) days following such election. 3. This is in addition to the noncommercial signage messages allowed under the substitution provision and the noncommercial signage messages allowed at all times in residential zones. 4. Noncommercial signs may also be allowed on city property per city council policy. Window Signs located in commercial centers and freestanding commercial buildings Window -------------------- Total copy area shall not exceed 25% of the window area. 7 feet above average grade/6 inches. 1. Fluorescent, neon or "day-glow" colors are prohibited. 15 Type of SignDescription of Sign PlacementType of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/ Letter Height RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Freestanding sign on Single Dwelling Unit or Condominium Unit - property which is for rent, sale or lease (Displayed on the owner's real property or real property owned by others with their consent (Pursuant to California Civil Code section 713)) Freestanding sign displayed on the owner's real property or real property owned by others with their consent (Pursuant to California Civil Code section 713) 1 per dwelling unit 4 square feet per sign. 5 6 feet above average grade/6 inches 1. Shall be removed from the building or property within fifteen (15) days after the sale, rental or lease. Flags with commercial symbols Pole Freestanding pole or pole mounted on the side of a building 1 flag per nonresidential establishment located in the C-M, P-M and M zones 24 square feet per flag. Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted structure existing on the premises/--------. * Flags with noncommercial symbols Pole Freestanding pole or pole mounted on the side of a building No RestrictionMaximum of 2 Flag Poles per occupied dwelling unit and 3 Flag Poles per nonresidential establishment. No Restriction --------------------------- Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted structure existing on the premises/--------. * A total of 4 flags (1 with commercial symbols and 3 with non-commercial symbols are allowed for nonresidential establishmentsMaximum of 2 Flag Poles per occupied dwelling unit and 3 Flag Poles per nonresidential establishment. Temporary signs attached to parked or stationary vehicles visible from the public right-of-way Window (Inside) windows 2 per vehicle 10 inches by 12 inches per sign. -------------------- No limitation if sign is not visible from public right-of-way. Signs permanently attached to or painted on vehicles, with non-changeable copy, used in the day-to-day operations of a business ------------------ -------------------- ------------------- -------------------- Does not apply to "general advertising" or "mobile billboards." (Ord. NS 606 § 1 (part), 2001) 21.41.050 Application and permit procedures. A. A. Sign Permit Required. 1. It shall be unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign within the city without first obtaining a sign permit in accordance with the provisions of this section, unless the sign is exempt from the permit requirement under Section 21.41.040. 16 2. The regulations contained in this section apply to sign permits which are not associated with a sign program. Permit applications for sign programs are regulated by Section 21.41.060. 3. 1. A sign permit shall not be required for cleaning or other normal maintenance of an existing sign, unless a structural or electrical change is made. 4. 2. No sign permit is required when a political, religious or other noncommercial message is substituted for another commercial message on a pre-existing sign or when a noncommercial message is substituted for a noncommercial message on a properly permitted sign. B. B. Application for Permit. 1. The application for a sign permit shall be made in writing on the form provided by the city planner planning division and shall be accompanied by the required fee. Such application shall set forth and contain the following information: a. 1.A drawing to scale showing the design of the sign, including dimensions, sign size, colors (applies to commercial message signs only), materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates.; 2.b. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises.; 3.c. The number, size, type and location of all existing signs on the same building, lot or premises.; and 4.d. Any structural information and plans necessary to ensure compliance with the latest adopted building code and electrical code. C. Fees. All signs require a sign permit fee and plan checking fee (if applicable) that shall be paid in accordance with the schedule established by resolution of the city council. D. D. Method of Review. 1. The purpose of a sign permit is to ensure compliance with the provisions of this chapter and the relevant building and electrical codes. 2. After receiving a complete sign application, the community and economic development director or designee city planner shall render a decision to approve, approve with modifications or deny such sign application within fifteen days; however, an approval with modifications shall be limited to requiring compliance with this chapter. 3. The application shall be approved and the permit issued whenever the proposed sign meets the following requirements: 1a. The proposed sign conforms to all size, height and other standards for signs subject to a permit requirement, as such requirements are set forth in this chapter.; 2.b. The proposed sign is consistent with any applicable sign program;. and 3.c. That tThe sign conforms to the construction standards of the latest adopted building and electrical codes. E. Revocation or Cancellation of Permit. 1. The community and economic development director or designee city planner shall revoke any issued permit upon refusal of the holder thereof to comply with the terms of the permit and/or the provisions of this chapter after written notice of noncompliance and fifteen days opportunity to cure. 17 2. If the work authorized under a sign permit has not been completed within six months after the date of issuance, such permit shall become null and void. (Ord. NS 606 § 1 (part), 2001) 21.41.060 Sign programs and modified sign programs. A. A. Purpose. 1. The purpose of a sign program is to integrate signs with a project’s with building, site and landscaping design to form a unified architectural statement. Sign programs may not supersede the dimensional and number limits provided in Tables "A," "B" and "C" of Sections 21.41.040, 21.41.095 and 21.41.100, respectively. All sign programs must incorporate the substitution provisions of this chapter, Section 21.41.025(2). Sign program design standards do not apply to noncommercial messages and substitution of noncommercial messages is subject to owner's consent. B. B. Applicability. 1. A sign permit for a sign program shall be required for: (1) a. Mmaster plans, (2) b. sSpecific plans, (3) c. nNonresidential projects requiring a site development plan processed pursuant to Chapter 21.06 of this code and (4) d.planned iIndustrial or office parks developments of greater than twenty five ten acres in area. 2. A sign program may be proposed for all other types of development projects or discretionary permits not listed in Subsection 21.41.060.B.1. 3. For those projects requiring or proposing a sign program, no sign permit shall be issued for an individual sign, unless, and until, a sign program for the project, lot or building on which the sign is proposed to be erected has been approved by the city in conformance with this chapter. C. Sign programs and sign standards modifications. 1. Sign programs may establish standards for sign area, number, location, and/or dimension that vary from the standards of this chapter as follows: a. A sign program that complies with the standards of this chapter shall require the approval of a ministerial sign program application by the city planner provided that all of the findings of fact listed in Section 21.41.060.G. of this chapter can be made. b. A sign program proposal that exceeds the standards of this chapter by up to 25% shall require the approval of a modified minor sign program discretionary application by the city planner provided that all of the findings of fact listed in Section 21.41.060.H. of this chapter can be made. c. A sign program proposal that exceeds the standards of this chapter by greater than 25% up to 50% requires the approval of a modified sign program discretionary application by the planning commission provided that all of the findings of fact listed in Section 21.41.060.H. of this chapter can be made. d. When calculating the permitted number of signs, if the calculation results in a fractional sign of .5 or greater, then the fraction may be rounded up to the next whole number. If the calculation results in a fractional sign of less than.5, then the fraction shall be rounded down 18 to the next whole number. e. Sign program design standards shall not apply to noncommercial messages. f. All sign programs must incorporate the provisions for substitution of noncommercial messages as specified in Section 21.41.025.A.2. Message substitution applies but may not override contrary provisions in leases. g. The sign program application may not be used to permit a sign type which is otherwise prohibited. D. C. Application and fees. Requirements. 1. An application for a sign program, modified minor sign program or modified sign program may be made by the owner of the property affected or the authorized agent of the owner. 2. Thesign permit application for a sign program, modified minor sign program or modified sign program shall be made in writing on the form provided by the planning division city planner. 3. The application shall be accompanied by the required fee contained in the most recent fee schedule adopted by the city council. 4. The application shall state fully the circumstances and conditions relied upon as grounds for the application. 5. Such The application shall contain the following information: 1.a. A copy of an approved development plan (master plan, specific plan, planned industrial permit or ,site development plan or other approved development project or discretionary permit) drawn to scale showing the location of property lines, rights-of-way, adjacent streets, sidewalks and on-site buildings, landscaped areas, off-street parking areas and vehicular access points.; 2.b. A drawing to scale showing the design of each sign, including dimensions (height and width), sign size (area), colors, materials, method of attachment, source of illumination and location of each sign on any building, structure or property.; 3.c. Computation of the total number of signs, sign area for individual signs, total sign area and height of signs for each existing and proposed sign type.; 4.d. A materials board or sign sample that is an accurate representation of proposed colors, material and style of copy.; and 5.e. The number, size, type and location of all existing signs on the same building, lot or premises. D. Method of Review. After receipt of a complete application for a sign program, the community and economic development director, or designee, shall render a decision to approve, approve with modifications or deny such sign program application within thirty days. The decision of the community and economic development director is final, but appealable pursuant to this chapter. No sign application for a sign program shall be approved unless and until the requirements in subsection 21.41.050(D) are satisfied. E. Notices and hearings. 1. Notice of an application for a modified minor sign program shall be given pursuant to the provisions of Sections 21.54.060.B. and 21.54.061 of this title. 2. Notice of an application for a modified sign program shall be given pursuant to the provisions of Sections 21.54.060.A. and 21.54.061 of this title. F. Decision-making authority. 19 1. Applications for a modified minor sign program or a modified sign program shall be acted upon in accordance with the following: a. Modified minor sign program. i. An application for a modified minor sign program may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title. ii. The city planner may approve or conditionally approve the modified minor sign program if all of the findings of fact in Sections 21.41.060.H. of this chapter are found to exist. b. Modified sign program. i. An application for a modified sign program may be approved, conditionally approved or denied by the planning commission or city council, as specified in Section 21.54.040 of this title. ii. The decision on the modified sign program shall be based on the decision-making authority’s review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. iii. The decision-making authority shall hear the matter, and may approve or conditionally approve the sign program if all of the findings of fact in Section 21.41.060.H. of this title are found to exist. G. Findings of fact for sign programs that comply with standards of this chapter: 1. A proposed sign program will be approved only upon the following findings: a. All signs comply with the sign area, number, height, location and other sign standards as set forth in this chapter. b. The signs have been integrated with the project’s building, site and landscaping design to form a unified architectural statement. H. Findings of fact for modified minor sign programs or modified sign programs that vary from the standards of this chapter: 1. A modified minor sign program or modified sign program that varies from the standards of this chapter shall be approved only upon the following findings: a. The standards established by the modified minor sign program or modified sign program do not exceed any applicable rules or limits in the General Plan or Local Coastal Program; b. The modified minor sign program or modified sign program ensures that signs are proportionate to and compatible with the number, size, height, scale and/or orientation of project buildings; c. The standards will enhance the visibility of the overall development to pedestrians and motorists; and d. The modified minor sign program or modified sign program will enhance the overall project design, and the aesthetics and/or directional function of all proposed signs. I. Announcement of decision and findings of fact. 1. When a decision on a modified minor sign program or modified sign program is made pursuant to this chapter, the decision-making body shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. J. Effective date and appeals. 20 1. Decisions on modified minor sign programs and modified sign programs shall become effective and may be appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 of this title. K. Expiration, extensions and amendments. 1. The expiration period for an approved modified minor sign program or modified sign program shall be as specified in Section 21.58.030 of this title. 2. The expiration period for an approved modified minor sign program or modified sign program may be extended pursuant to Section 21.58.040 of this title. 3. An approved modified minor sign program or modified sign program may be amended pursuant to the provisions of Section 21.54.125 of this title. E.L. Existing Sign Programs. 1. Existing sign programs approved prior to the effective date of this chapter are subject only to the message substitution provision of this chapter; all other terms of the existing sign program shall continue in force. However, if any existing sign program is proposed for amendment to increase overall sign area, then the sign program must be amended to conform to all development and design standards of this chapter. F.. Amendments. 1. An amendment to a sign program shall be processed in the same manner as an original application for a sign program. G.M. Binding Effect. 1. After approval of a sign program, modified minor sign program or modified sign program all signs subsequent subject thereto shall be erected, constructed, installed, displayed, altered, placed or maintained only in conformance with such program unless and until modified by the procedures outlined herein. (Ord. NS 606 § 1 (part), 2001) 21.41.070 General sign standards. The following sign standards shall apply to all signage within the city. A. A. Sign Area. 1. Sign area is computed as follows: 1a. Wall, Retaining Wall, Monument, Suspended, Fascia, Awning, Window and Landscape/Hardscape Feature Signs. i. Sign area shall be computed by measuring the smallest square, rectangle, triangle, circle or combination thereof, that will encompass the extreme limits of the graphic image, writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the message or display or otherwise used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing. ii. Sign area does not include any supporting framework or bracing unless such is designed in a way as to function as a communicative element of the sign. 2. Monument and Suspended Signs. Sign area shall be computed by measuring the entire area contained within the frame, cabinet, monument, monument base or fixture3b. Pole Signs. i. Sign area shall be computed as the area of the surface(s) upon which the sign message is placed including the supporting column(s) if decorated or displayed with advertising. 4.c. Multi-Faced Signs. 21 i. The sign area for a two-sided or multi-faced sign shall be computed by adding together the area of all sign faces , as described above, visible from any one point. ii. When two sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same structure, the sign area shall be computed by the measurement of one of the faces. iii. In the case of a sign of spherical or cylindrical shape, the area of the sign shall be one-half of the surface area. 5.d. Flags, Banners, Pennants, etc. i. Sign area is the entire surface area, one side only. B. B. Sign Height. 1. Sign height is measured as follows: 1.a. Wall, Retaining Wall, Fascia, Awning, SuspendedMonument, Pole and Freestanding Window Signs. i. Sign height is specified as the greatest vertical measurement from the top of the sign or sign cabinet, including all ornamentation and supports, to the average grade beneath the sign. C. C. Signs on Public City Property, Including the Public Right-of-Way. 1. Signs may be placed on public city property only in accordance with a policy adopted by the city council policy regarding signs on city property. Signs placed on public city property in violation of the city council’s policy may be summarily removed by the city, and all persons responsible for placing such signs on public city property contrary to the city council’s policy may be charged with the cost of removal. D. D. Placement of Commercial Signs. 1. Commercial signs shall be placed on the property of the use for which the sign is intended to identify or relate, unless placement on another property is specifically allowed by this chapter or other relevant law. E. E. Placement of Noncommercial Messages on Signs. 1. Noncommercial signs messages are allowed wherever commercial signage is permitted within Chapter 21.41 and is subject to the same standards and total maximum allowances per lot or building of each sign type specified in this chapter. 2. A permit is required for a noncommercial sign message only when the sign structure has not been previously permitted. (Ord. NS 606 § 1 (part), 2001) 21.41.080 Sign Ddesign Sstandards. Each permanent approved sign shall meet the following design standards. A. A. Colors. 1. For signs displaying commercial messages on signs, fluorescent, "day-glo" and similar colors shall not be used. B. B. Materials. 1. All permanent signs shall be constructed of durable materials, which are compatible in kind and/or appearance to the building supporting or identified by the sign. 2. Such materials may include, but are not limited to: a. ceramic tile, b. sandblasted, hand carved or routed wood, 22 c. channel lettering, d. concrete, stucco or stone monument signs with recessed or raised lettering. C. Sign Location. 1. Wall signs must be located below the roofline on structures with pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall signs are not allowed on any equipment enclosure located above the roofline. 2. Directional signs shall be located to facilitate traffic internal to the site. C.D. Relationship to Buildings. 1. Each permanent commercial message sign located upon a premises with more than one main building, such as a commercial, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings. D.E. Relationship to Other Signs. 1. Where there is more than one sign on a lot, building or project site, all permanent signs displaying a commercial message shall have designs which similarly treat or incorporate the following design elements: 1.a. Type of construction materials; 2.b. Sign/letter color and style of copy; 3.c. Method used for supporting sign (i.e., wall or ground base); 4.d. Sign cabinet or other configuration of sign area; 5.e. Illumination; and 6.f. Location. E.F. Relationship to Streets. 1. Signs shall be designed and located so as not to interfere with the unobstructed clear view of the public right-of-way and nearby traffic regulatory signs of any pedestrian, bicyclist or motor vehicle driver. F.G. Sight Distance. 1. No sign or sign structure shall be placed or constructed so that it impairs the City’s sight distance requirements at any public or private street intersection or driveway. G.H. Sign Illumination. 1. Illuminated wall signs are prohibited on any building elevation that faces and is located within three hundred feet of any property line that adjoins residentially zoned property. 1.2. General Limitation. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties. 3. Externally illuminated signs shall be lighted by screened or hidden light sources. 2.Free Standing and Building Mounted Signs. 4. Free-standing and building-mounted signs shall either be non-illuminated or externally illuminated, except for signs with opaque backgrounds which give the appearance of individual channel letters and/or changeable copy signs. H.I. Logos and Graphics. 1. Corporate logos and graphics may be used in conjunction with allowed signage. Logos, graphics and trademarks are included in the total sign area. wall, monument and pole signs. I.J. Landscaping. 1. Each monument and pole sign shall include landscaping around the base of the sign, at a minimum ratio of two square feet for every one square foot of sign area, so as to protect 23 the sign from vehicles, improve the appearance of the installation and screen light fixtures and other appurtenances. (Ord. NS 606 § 1 (part), 2001) 21.41.090 Coastal zone sign standards. A. The following sign restrictions apply to properties in the coastal zone except the Agua Hedionda Lagoon and Carlsbad Vvillage Review redevelopment segments. If there is a conflict between the coastal zone sign standards of this section and any regulations of this chapter, the standards of this section shall prevail. Otherwise, within the coastal zone, the sign regulations of this chapter shall apply. A.1. Each business or establishment shall be entitled to one façade sign. B.2. Each shopping complex shall have only one directory sign which shall not to exceed fourteen feet in height, including mounding. C.3. Monument sign height including mounding shall not exceed eight feet and shall apply where three or fewer commercial establishments exist on a parcel. D.4. Tall freestanding and roof signs shall not be allowed. E.5. Off-premises signs shall not be allowed. (Ord. NS 606 § 1 (part), 2001) 21.41.095 Permitted permanent signs. A. Table B states the criteria for a permit for permanent signs for each type of development and/or corresponding zones. In addition to the type of sign permitted, Table B provides the maximum number, maximum sign area per sign, maximum sign height and letter height, permitted location and other provisions standards. Table B Permanent Signs Permitted by Type of Development and Zone With a Sign Permit Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/Letter Height Location RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Single Family Residential Lots See Section 21.41.100, Permitted Temporary Signs ----------------- ---------------- ---------------- ----------------- ----------------- See Section 21.41.040, Signs on Private Property Not Requiring a Sign Permit ----------------- ---------------- ----------------- ----------------- ----------------- Residential Subdivisions, Condominiums, Apartment Projects and Mobile Home Parks Freestanding Community/ Project Identity SignMonument 1 per project entryance 10 25 dwelling units: 15 square feet > 25 dwelling units: 35 60 square feet per sign (See Note #1 below) 6 feet above average grade/1824 inches Driveway entrance or at other strategic location. (See Note #1 below) 24 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/Letter Height Location RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Directory Signs - Wall Mounted or Freestanding 1 per entrance to a building entrance 6 square feet per sign 4 6 feet above average grade/6 inches--------- Signs are to be located and oriented to direct visitors upon entry into the project or building. ----------------- Commercial Centers and Freestanding Commercial Buildings (located within the C-1, C-2, C-L or C-T zones) Monument 1 per street frontage driveway entrance 50 60 square feet per sign (See Note #1 below) 6 feet above average grade/18 24 inches Primary Ddriveway entrance or at other strategic location. (See Note #1 below) Wallor , Fascia or Awning Signs Commercial Center Freestanding Commercial BuildingNo maximum number 150 square feetTotal sign area for all wall, fascia or awning signs shall not exceed 1 square foot per each lineal foot of building frontage Varies/Tenant Leased Space: < 32,500 square feet: ---/24 inches 32,500 - 10,000 square feet: ---/30 inches 10,001 -50,000 square feet: ---/36 inches; > 50,000 – 100,000 square feet ---/48 inches >100,000 square feet ---/60 inches 1. Wall Signs: Below eaveline. Not allowed on any parapet or equipment enclosure. 21. Fascia Sign: Centered on Fascia. 32.. Awning Sign: Over doors or windows 1. Total sign area shall not exceed 1 square foot per each lineal foot or building frontage. 21. . The width length of any sign shall not exceed 75% of the width length of the building frontage or lease space to which the sign pertains. (See Note #2 below) (See Note #4 #3 below) (See Note #6 below) Suspended or Projecting Commercial Center 1 per establishment 5 6 square feet per sign Underside of walkway/8 inchesMinimum 8 foot clearance from finished grade to bottom of sign. Suspended - Underside of walkway overhang at 90 degrees to the business Eestablishment. Suspended Mmay not be internally illuminated. Directional Sign 3 per driveway entrance 6 square feet per sign 4 6 feet above average grade/6 inches----- Should be located to facilitate traffic internal to the site. Must include arrow or other directional text Drive-Thru Facilities Reader Board Wall or Monument Reader Board Restaurants: 2 per existing establishment Other non-restaurant Ddrive- thru Ffacilities: 1 per establishment 24 square feet per sign 6 feet above average grade/2 inches------ ---------------- Reader boards are allowed in addition to other signs permitted for Commercial Centers and Freestanding Commercial Buildings. 25 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/Letter Height Location RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Regional Commercial Centers Pole 1 per center 150 square feet per sign 35 feet above average grade Near pPrimary project entrance or in a location approved by the city planner. 1. Pole sign is allowed in addition to other signs permitted for Commercial Centers. Electronic Message Board ---------------------- --------------------- ---------------------- ---------------------- 1. Regional commercial centers with a regional commercial general plan land use designation that have frontage on a freeway (I-5 or SR-78) may include electronic message board sign(s) subject to the approval of a conditional use permit by the City Council. The CUP will include detailed electronic message board sign development standards and is subject to required findings by the City Council. Office, Industrial and Retail Commercial uses in the R-P, O, C-M, P-M, and M zones (See Note #7 below) Monument 1 per lot 60 50 square feet per sign (See Note #1 below) 6 feet above average grade/8 24 inches Near pPrimary driveway project entrances or at other strategic locations. 1. Must include building address(See Note #3 below) (See Note #1 below) (See Note # 5 below) Directional Signs 3 per driveway entrance 6 square feet per sign 4 6 feet above average grade/6 inches----- Should be located to facilitate traffic internal to the site. Must include arrow or other directional text 26 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/Letter Height Location RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Buildings < 35,000 square feet in area Buildings 35,000 square feet 60,000 square feet in area Buildings > 60,000 square feet in area Wall Buildings less than 50,000 square feet in area: 1 per building 1 sign per street frontage (2 signs maximum) Buildings 50,000 -100,000 square feet in area :2per building 2 signs per street frontage (4 signs maximum) (See Note #5 below) Buildings greater than 100,000 square feet in area: 3 signs per street frontage (6 signs maximum) 1 per building or 2 per building or 3 per building (See Note #6 below) 50 square feet per sign 60 square feet per sign 75 square feet per sign 50 square feet See Note # 8 below----/24 inches ----/36 inches See Note # 8 below/36 inches See Note # 8 below/24 inches ---/48inches See Note # 8 below/36 inches See Note # 8 below/24 inches See Note # 8 below/24 inches ---------------- (See Note #3 below) (See Note #4 below) (See Note #5 below) (See Note #6 below) Office or Industrial Establishment with a separate building entrance in a multi-tenant building Wall or Fascia 1 per establishment 5 8 square feet per sign 6" letters 9’ logos ----/12 inches Directly above entrance Allowed in addition to wall signs permitted for buildings in the R-P, O, C-M, P-M and M zones. 27 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/Letter Height Location RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Ground Floor Retail Commercial establishment with a separate building entrance in a multitenant building located in the R-P, O, C-M, P-M and M zones Wall or Fascia Sign 1 per establishment 20 square feet per sign Wall Sign: Not permitted above the plate height elevation of the ground floor -----/18 inches 1. Wall Sign: Not permitted above the plate height elevation of the ground floor 1. 2. Fascia Sign: Centered on fascia, directly above establishment entrance. 1. Must be oriented towards the parking area. 2. May not be illuminated. Retail Commercial establishment with a separate building entrance in a multi-tenant building located in the R-P, O, C-M, P-M and M zones Suspended Sign 1 per establishment 5 square feet per sign Underside of walkway/8 inches Minimum 8 foot clearance from finished grade to bottom of sign/---- Underside of walkway overhang at 90 degrees to the retail commercial business establishment. May not be internally illuminated. Office/Industrial ProjectsParks Freestanding SignPark identification sign 1 per each project park entrance that is located along an arterial road 75 square feet per sign (See Note #1 below) 6 feet above average grade/1824 inches Near primary project park entrances. (See Note #1 below) Hotels/Motels Monument 1 per street frontagedriveway entrance 30 60 square feet per sign (See #1 below) 6 feet above average grade/1824 inches Primary project entrance or at other strategic location (See Note #1 below) Wall or Fascia or Awning 2 Wall or Fascia or Awning Signs per Building street frontage (See Note #4 below) Total sign area for 2 all wall, fascia or awning signs (per building) shall not exceed .5 1square feeoot per each lineal foot of building frontage. (See Note # 8 below)-----/24 inches 1. Fascia Sign: Centered on Fascia. 2. Awning Sign: Over doors or windows. (See Note #4 below) (See Note #2 below) (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 4 6 feet above average grade/6 inches------- Should be located to facilitate traffic internal to the site Must include arrow or other directional text Professional Care Facility Monument 1 per street frontagedriveway entrance 35 60square feet per sign 6 feet above average grade/1824 inches Primary project entrance or at other strategic location (See Note #1 below) 28 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/Letter Height Location RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Wall 1 per street frontage Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage.30 square feet per sign See Note # 8 below----/24 inches ---------------------- Illumination is to be external, except for channel and reverse channel letters. (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 4 6feet above average grade/6 inches----- Should be located to facilitate traffic internal to the site Must include arrow or other directional text Resort Hotels Monument 1 per street frontagedriveway entrance 50 60 square feet per sign (See Note #1 below) 6 feet above average grade/1824 inches Primary project entrance or at other strategic location (See Note #1 below) Wall 1 per street frontage 50 60 square feet per sign Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage See Note # 8 below----/30 36 inches ---------------------- (See Note #2 below) (See Note #3 below) (See Note #6 below) Directional 5 3 per driveway entrance 10 6 square feet per sign 5 6feet above average grade/6 inches----- Should be located to facilitate traffic internal to the site Must include arrow or other directional text Gas/Service Stations Monument Wall 1 per street frontage 1 per street frontage 30 60 square feet per sign 30 square feet per sign 6 feet above average grade/24 inches 24 inches Primary project entrance or at other strategic location (See Note #1 below) Sign may include motor fuel prices. (See Note #3 below) (See Note #6 below) Canopy 4 per site Total sign area for all canopy signs shall not exceed 40 10 square feet per sign Attached to canopy, not to extend beyond or above the canopy-------/18 inches Attached to canopy, not to extend beyond or above the canopy Must be designed as an integral part of the canopy structure. Fuel Pump 1 per fuel pump 2.5 square feet per sign ---------------------- Must be attached to the fuel pump ----------------- Pole (freeway service stations only) 1 per site 50 square feet per sign 35 feet above average grade/36 inches ----------------------- Only permitted at freeway service stations. 29 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/Letter Height Location RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Stand-alone Theater or Cinema Wall 1 per street frontage Total sign area for all wall signs shall not exceed .51 square feet per each lineal foot of building frontage. See Note # 8 below----/24 60 inches ---------------------- (See Note #3 below) (See Note #6 below) See Commercial centers for permitted signage for a theater that is not a stand-alone establishment Suspended or Projecting 1 per site 6 square feet per sign Minimum 8 foot clearance from finished grade to bottom of sign. Suspended- Underside of walkway overhang at 90 degrees to the building Suspended may not be internally illuminated. Attraction Board (Pole or Marquee) 1 per site 100 square feet plus 10 square feet per screen or stage over 1, up to a maximum of 160 square feet per sign Maximum Ppole sign height: 35 feet above average grade/24 inches Marquee: See Note # 8 below------/24 inches Marquee signs must be building mounted. ---------------------- Coming Attraction Program Poster 1 per screen or stage 6 square feet per sign (See Note # 8 below) Must be building mounted. ---------------------- Government, Church, or Private School Wall 1 per street frontage 30 40 square feet per sign Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage See Note # 8 below----/24 inches ---------------------- Illumination is to be external, except for channel and reverse channel letters. (See Note #6 below) Monument 1 per street frontage 30 60 square feet per sign (see Note #1 below) 6 feet above average grade/1824 inches Near pPrimary project entrance or at other strategic location. (See Note #1 below) Directional Signs 3 per driveway entrance 6 square feet per sign 4 6feet above average grade/6 inches----- Should be located to facilitate traffic internal to the site. Must include arrow or other directional text 30 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/Letter Height Location RemarksAdditional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Public Parks, Playgrounds, and Recreational Facilities, Nature/Interpretive Centers and similar uses Monument Wall 1 per street frontage 1 per street frontage 30 60 square feet per sign (See Note #1 below) 30 square feet per sign 6 feet above average grade/24 inches 24 inches Near Pprimary project entrance or at other strategic location. (See Note #1 below) (See Note #3 below) (See Note #6 below) Directional 5 3 per driveway entrance 10 6 square feet per sign 5 6feet above average grade/6 inches----- Should be located to facilitate traffic internal to the site. Must include arrow or other directional text Produce/Flower Stand in the E-A, R-A and L-C zones Wall Mounted or Freestanding 2 1 per produce/flower stand 9 32 square feet per sign See Note # 8 below/24 inchesFreestandin g: 68 feet above average grade/24 inches Freestanding: Primary project entrance Shall be displayed only during the time period the produce/flowers are is available for sale on the property Nursery, Greenhouse, Packing Shed, Stable, Riding Academy and similar uses Freestanding 1 per site 35 32 square feet per sign 6 8feet above average grade/24 inches Primary project entrance or at other strategic location May not be illuminated P-U zone FreestandingMonument 1 per street frontage (2 signs maximum) 3560 square feet 6 feet above average grade/18 24 inches Near Pprimary project entrance or at other strategic location. (See Note #1 below) Wall 1 per street frontage (2 signs maximum) 20 40 square feet See Note # 8 below----/24 inches ---------------------- (See Note #6 below) Directional Signs 3 per driveway entrance 6 square feet per sign 4 6feet above average grade/6 inches------- Should be located to facilitate traffic internal to the site. Must include arrow or other directional text OS zone, except for uses listed elsewhere in this table See Section 21.41.100, Permitted Temporary Signs ----------------- ----------------- ----------------- ----------------- ----------------- 31 Note #1. Monument sSigns on entry walls or retaining walls (e.g., curved, angled or similar walls integrated into a project entry or perimeter) are encouraged permitted. In cases where such entry walls are located on both sides of an entry drive, two one signs on each wall (each at the maximum square footage) are is permitted. Note #2. Building elevations on restaurants, hotels or motels which front along or are within five three hundred feet of the right-of-way of and visible from Interstate 5 shall not have more than one wall sign along those elevations. Note #3 No monument sign shall be located within one hundred feet of another monument sign for the same project. However, if more than one building shares a common driveway, then a maximum of two monument signs can be located along the common driveway, provided that the signs are located on opposite sides of the driveway. Note #4 #3. Illuminated wall signs are prohibited on any building elevation that faces and is within five three hundred feet of any property line that adjoins residentially zoned property. Note #5 No more than one wall sign permitted along a building elevation. 32 Note #6. #4 Building elevations which front along or are within five three hundred feet of the right-of-way and visible from Interstate 5, State Route 78, Palomar Airport Road or El Camino Real shall not have more than one wall sign along those elevations. Notwithstanding the above, two wall signs along any other a building elevation that fronts the above-noted corridors are only may be permitted under the following circumstances: (a) A building elevation must have a minimum of one hundred fifty lineal feet in order to have more than one wall sign along that elevation. (b) The minimum spacing between wall signs along an elevation shall not be less than seventy-five feet. (c) The cumulative length of all wall sign(s) along any building elevation shall not exceed one-third of the length of that same elevation. Note #7. #5 These sign standards supersede the sign standards for the C-M, M and P-M zoned properties that are located within Area 4 of the El Camino Real corridor development standards. Note #8. #6 Wall signs must be located below the roof eaveline on structures with pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall signs are and is not allowed on any architectural projection, parapet or equipment enclosure located above the roof eaveline. (Ord. NS 606 § 1 (part), 2001) 21.41.100 Permitted temporary signs. Table C provides a listing of all temporary signs permitted for each type of development and corresponding zones with a sign permit. In addition to the type of sign permitted, Table C 33 provides the maximum number, maximum sign area per sign, maximum sign height and letter height, permitted location and other provisions. TABLE C TEMPORARY SIGNS PERMITTED BY TYPE OF DEVELOPMENT AND ZONE WITH A SIGN PERMIT TYPE OF DEVELOPMEN T AND ZONE TYPE OF SIGN MAXIMUM NUMBER OF SIGNS MAXIMUM SIGN AREA PER SIGN MAXIMUM SIGN/LETTER HEIGHT LOCATION REMARKS Projects which are under Construction -– in all zones Wall or Freestanding 1 per project Residential Projects of 2 to 10 units: 12 square feet Residential Projects of more than 10 units, Commercial, Office or Industrial Projects: 32 square feet per sign 5 feet above average grade 6 Freestanding: 8 feet above average grade/----- Must be located on the project site. May not project into the public right-of-way. 1. May not be illuminated. 2. Shall be removed prior to the granting of a the last Certificate of Occupancy by the city. Real Property or project which is for rent, sale or lease -– in all zones (owner’s real property or owned by others with owner’s consent, per California Civil Code 713) Freestanding sign displayed on the owner's real property or real property owned by others with their consent (California Civil Code 713) 1 per property Residential Projects of 2 to 10 units: 12 square feet Residential Projects of more than 10 units, Commercial, Office and Industrial Properties: 35 32 square feet per sign 5 feet above average grade 6 8 feet above average grade Must be located on the property. May not project into the public right-of-way. 1. May not be illuminated. 2. Residential Projects: shall be removed from the property within one year from the issuance of the first building permit or within 15 days from the date that of when all the properties are sold or no longer for sale, whichever occurs first. 3. Commercial and Office/ Industrial Properties: shall be removed from the building or property within 15 days after the sale, rental or lease. 34 TYPE OF DEVELOPMENT AND ZONE TYPE OF SIGN MAXIMUM NUMBER OF SIGNS MAXIMUM SIGN AREA PER SIGN MAXIMUM SIGN/LETTER HEIGHT LOCATION REMARKS All Commercial, Office and Industrial zones Banner 1 per establishment 30 square feet per banner ---------------------- Attached to monument or wall at the establishment location. 1. Permitted only for businesses establishments waiting for permanent sign construction and installation. 2. Approval limited to 45 days maximum or when the permanent sign is installed whichever occurs first. 3. A city sign permit for the permanent sign must first be securedissued. All Commercial, Office, and Industrial zones Banner or Freestanding Signs with a Temporary Seasonal Sales Location Permit 1 per street frontage 30 square feet per banner or freestanding sign ---------------------- Must be located on the site of the seasonal sales event. Limited to the period of time specified in the Temporary Seasonal Sales Location Permit. Any Public or Private Property with a Special Events Permit (See C.M.C. Chapter 8.17) Banner or Freestanding Signs Limited to the number specified in the Special Events Permit. 50 square feet Limited to the sizes specified in the Special Events Permit. Limited to the locations specified in the Special Events Permit. Private Property: Must be located on the site of the special event. Limited to the time specified in the Special Events Permit. Community Event at Public Parks/ Recreational Facilities Banner or Freestanding Signs 50 square feet See Pursuant to adopted city council policy regarding s"Signsigns on city Public Pproperty Limited to the duration of the event. (Ord. NS 811 § 3, 2006: Ord. NS 606 § 1 (part), 2001) 21.41.110 Construction and maintenance. A. A. Construction. 1. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations and the latest adopted versions of the Building Code and the National Electric Code. B. B. Maintenance. 1. Every sign and all parts, portions and materials shall be maintained and kept in good repair. 2. The display surface of all signs shall be kept clean, neatly painted and free from 35 rust, cracking, peeling, corrosion or other states of disrepair. (Ord. NS 606 § 1 (part), 2001) 21.41.120 Removal of signs. A. Any sign which is unsafe, as defined herein, or which does not conform to Uniform Building Code and National Electric Code standards, or installed or placed in the public right-of- way or on public city property contrary to the city council's policy, may be removed by any officer or employee of the city designated to do so by the community and economic development director without prior notice. Alternatively, the city community and economic development director may issue a notice of nonconformance and give the sign owner and/or the property owner fifteen days in which to cure the nonconformance. B. Any other sign that is in violation of the provisions of this chapter must be removed by the permittee, owner or person in charge of the sign upon written notice by the city community and economic development director. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. C. The time for removal or repair shall not be less than thirty calendar days from the date of mailing the notice for permanent signs and not less than fifteen calendar days for temporary signs. D. Within ten days of the mailing of the notice, the permittee, owner or person in charge of the sign may request a hearing before the city planner community and economic development director to determine whether the sign was erected or maintained in violation of this chapter. Such request must be made in writing and received by the city within the ten days after mailing of notice. E. Upon receipt of a written request for a hearing, the city planner community and economic development director shall schedule a hearing and send a written notice by first class mail of the time, place and date for the hearing, which shall be no later than thirty days after the date of receipt of the written request, unless the party responsible for the sign requests a later hearing date. The time for compliance with the original order shall be stayed during the pendency of the hearing. The city planner community and economic development director will notify the appellant of the decision to affirm, modify or revoke the order to remove or repair within ten days of the conclusion of the hearing; failure to give such notice of decision shall result in the withdrawal of the notice of violation, but shall not prevent a new notice of violation being issued for a different time period from that specified in the original notice. F. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the city planner community and economic development director requiring compliance with this chapter, any expense of such inaction shall be charged to the permittee, owner or person in charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of the sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt. G. Every person billed may request a hearing regarding the accuracy of the amount billed. Following the hearing, the city planner community and economic development director shall, within ten days of the conclusion of the hearing, notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid. Nonpayment becomes a lien on the property. 36 (Ord. NS 606 § 1 (part), 2001) 21.41.125 Appeal of denial or revocation. A. Any person seeking to appeal a decision of the city planner community and economic development director granting or denying an application for issuance of, or renewal of, a sign permit, revoking a permit or ordering the removal of a sign, must file a written notice of appeal with the city planner no later than ten days after the date of the notice of the decision. The notice shall state, with specificity, the factual and legal basis of the appeal. The city planner shall expeditiously schedule a hearing before the planning commission and notify the appellant, in writing, of the day, time and location of the hearing, which shall be held not later than thirty days after the notice of appeal is received by the city, unless time is waived by the appellant. The time for compliance of any original order shall be stayed during the pendency of the hearing before the planning commission. B. The planning commission shall hold a hearing and provide the appellant with a written decision within ten days of the conclusion of the hearing. If the approval, denial, revocation or removal order is affirmed on review, the appellant may file a written notice of appeal to the city council with the city clerk no later than ten days after the date of the notice of the decision. The city clerk shall then schedule a hearing before the city council, which shall be held within thirty days of the receipt of the notice of appeal, and notify the appellant, in writing, of the day, time, and location of the hearing; however, the hearing may be held later than thirty days upon the request or concurrence of the appellant. The time for compliance of any original order shall be stayed during the pendency of the hearing before the city council. The city council shall provide the appellant with a written decision within ten days of the conclusion of the hearing. Any person dissatisfied with the city council's decision may seek prompt judicial review of a denial related to expressive conduct pursuant to California Code of Civil Procedure Section 1094.8. (Ord. NS 606 § 1 (part), 2001) 21.41.130 Nonconforming signs. A. Except for normal repair and maintenance and any modification required for NEC compliance, no nonconforming sign shall be expanded, structurally or electrically altered (not including a change in sign face or sign copy), moved or relocated, unless it is brought into conformance with all current provisions of this chapter. B. When a sign, which was in compliance with all applicable laws in effect at the time it was originally erected, is physically damaged, whether by vandalism, forces of nature or other causes, the sign may be repaired or restored to its original size, shape, height, orientation and message; however, the repair or restoration must be done in a manner which complies with current building and electrical codes and or the requirements of any applicable sign program. (Ord. NS 606 § 1 (part), 2001) 21.41.140 Remedies and penalties. Any sign, which has been properly removed under this chapter, may be returned to the owner upon payment to the city of the costs of removal. If no timely request is made for hearing or if no demand is made for the return of the sign removed, the community and economic development director, or his designeecity, is authorized to destroy or dispose of the removed sign 37 not earlier than thirty days after the removal of such sign. (Ord. NS 606 § 1 (part), 2001) 21.41.150 Violations. A. It is unlawful for any person to: 1. Install, mount, affix, create, erect, display or maintain any sign in a manner that is inconsistent with this chapter or any permit for such sign; 2. Install, mount, affix, create, erect, display or maintain any sign requiring a permit without such a permit; or 3. Fail to remove any sign which the community development director or designee has ordered to be removed for being in violation of this chapter. B. Violations of any provisions of this chapter shall be subject to the enforcement remedies and penalties provided for herein and in Chapter 1.08 of this code. The city may also pursue any civil remedies provided by law, including injunctive relief, as to signs not in conformance with this chapter: 1. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter. 2. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter. (Ord. NS 606 § 1 (part), 2001) 21.41.160 Severability. If any section, subsection, sentence, clause phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The city council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional. (Ord. NS 606 § 1 (part), 2001) Page 1 of 11 Council Policy Statement Category: SIGNS ON PUBLIC CITY PROPERTY Specific Subject: PURPOSE: This purpose of this policy is to identify what types of signs are allowed to be displayed on city property, particularly in the public right-of-way, and the specific standards under which they may be displayed. BACKGROUND: In 2001 the City Council adopted this policy regarding the posting of campaign and other signs on city property within the City of Carlsbad. The City’s proprietary ownership rules for permitted signage on city property, particularly in the public right-of-way, which are contained in this policy, supplement the City’s Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code),which deals with permitted signage on private property. POLICY: SECTION ONE: PROPRIETARY CAPACITY; CHANGES TO POLICY In adopting this policy, the City Council acts in its proprietary capacity as to Public City Pproperty within the City. This Policy Statement may be amended by changed at a regular public meeting of the City Council. SECTION TWO: INTENT AS TO PUBLIC FORUM The City declares its intent that all Public City Pproperty in the City shall not function as a designated public forum, unless some specific portion of Public City Pproperty is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any. Policy No. 65 Date Issued: 06/23/09 Effective Date: 06/23/09 Resolution No. Cancellation Date: Supersedes No. 65, dated 03/04/08 Policy No. 65 Page 2 of 11 SECTION THREE: SIGNS MUST BE PERMITTED OR EXEMPTED No "sign," as defined in the sign ordinance (Chapter 21.41), may be displayed on Public City Pproperty, unless a Public City Property Sign Permit therefore has first been issued, or the subject sign is expressly exempted from the Public City Property Sign Permit requirement by this Policy Resolution or another applicable Policy Resolution. All Public City Property Sign Permits must be consistent with the policies stated herein. Any sign posted on Public City Pproperty within the City, contrary to the policies stated herein, may be summarily removed as a trespass and a nuisance by the City. SECTION FOUR: TEMPORARY POLITICAL, RELIGIOUS, LABOR PROTEST AND OTHER NONCOMMERCIAL SIGNS IN TRADITIONAL PUBLIC FORUM AREAS This section applies only when the Special Events Chapter of the Carlsbad Municipal Code (Chapter 8.17) does not. In areas qualifying as traditional public forums, such as the surfaces of city streets, parks and sidewalks, as well as the surfaces of exterior areas immediately around City Hall, persons may display noncommercial message signs thereon without first obtaining a Public City Property Sign Permit, provided that their sign display on Public Property conforms subject to all of the following: 1. EachThe signs must be personally held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times. 2. The signs may be displayed only during the time period of sunrise to sunset, except on evenings when a public hearing is being held at City Hall and on days when the polls are open; on such occasions, the display may continue until one hour after the close of the public hearing or one hour after the close of the polls. 3. The maximum aggregate size of all signs held by a single person is 10 square feet. 4. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet. 5. The displayed signs may not be inflatable, inflated or air-activated. 6. In order to serve the City’s interests in traffic flow and safety persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. 6.7. This section does not override Elections Code 18370, which prohibits sign display and electioneering within 100 feet of a polling place on Election Day. SECTION FIVE: PUBLIC CITY PROPERTY SIGN PERMITS; APPLICATION FORMS AND PROCEDURES The Community Development Director city planner shall prepare and make available to the public a form for Application for a Public City Property Sign Permit (Permit), which shall, when fully approved, constitute a Permit and indicate the City's consent, in its proprietary capacity, for placement of a sign. The applicant for the permit must be the same person or entity who is to be the owner of the sign. The processing fee for each application, which shall not be refundable even if the application is denied, shall be the same as the fee for a sign permit under the sign ordinance. To each application form shall be attached a copy of this Policy Statement. The application form shall require the applicant to indicate Policy No. 65 Page 3 of 11 that applicant has he or she has received a copy of this Policy Statement, and that they shall abide by its terms, as well as any special terms or conditions which may be stated on the Permit, and to abide by any new or different conditions which may be imposed on all permittees who are similarly situated. Any Public City Property Sign Permit issued in error may be summarily revoked by any officer of the City, by simply informing the applicant of the nature of the error in issuance; any applicant whose permit is revoked as issued in error may, at any time thereafter, submit a new permit application which cures any deficiencies in the original application. The application fee shall apply separately to each new application, unless the original error was in processing by the city. Applications which fully comply with the terms and conditions of this Policy Statement shall be duly issued. Applications which are denied, or permits which are revoked or suspended, may be appealed in the same manner as denials of sign permits, as described in the Sign Ordinance. SECTION SIX: EXEMPTIONS FROM PERMIT REQUIREMENT The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs erected by the City or another governmental unit; official notices required by law; signs placed by the City in furtherance of its governmental functions or proprietary capacity; signs allowable under Section Four of this Policy. SECTION SEVEN: PERMITS FOR A-FRAME SIGNS IN THE CARLSBAD VILLAGE REDEVELOPMENT REVIEW AREA, BEARING COMMERCIAL MESSAGES ONLY FOR ADJACENT ESTABLISHMENTS OR NON- COMMERCIAL MESSAGES 1. INTENT AS TO PUBLIC FORUM The areas and times controlled by this section are designated to constitute a limited access, non publicnonpublic forum which is strictly limited to commercial messages for adjacent establishments or non-commercial messages, and which is open only to those persons described in this section and on the terms stated in this section. 2. WHERE A-FRAMES MAY BE PLACED; PHYSICAL STANDARDS "A-Frame" signs, as that term is defined in the sign ordinance, may be placed in particular portions of the public right-of-way, within the Carlsbad Village Review Aarea only, namely, on the public sidewaylk directly in front of the store or other establishment displaying the sign. Such signs may have no more than 2 display faces, every display face shall be a flat, smooth surface, and remain completely free of dangerous protrusions such as tacks, nails or wires however, cutouts of any shape are allowed. Sign faces shall be back to back. No banners, ribbons, streamers, balloons, or attachments of any kind may be affixed to the sign. The sign may not use any moving parts or include a display face which is hinged, or which otherwise swings or hangs from a frame. No gGlass, breakable materials or and illumination is allowedillumination are prohibited. The signs shall be physically stable and balanced flat on the sidewalk. The sign must be self-supporting, stable and weighted or constructed to withstand overturning by normal wind currents or contact. All such signs may be placed in the permitted space on the public right-of-way only when the Policy No. 65 Page 4 of 11 retail establishment is actually open to the public for business. A person employed by or associated with the establishment must be physically present within 50 feet of the sign at all times. The sign must be placed on the public sidewaylk within the 2 feet closest to the curb or edge of the sidewalk, directly in front of the business establishment which owns the sign. Non- commercial messages may also be displayed on the sidewalk in the Village Review Area, subject to the same rules regarding location, display times and physical standards as commercial signs for adjacent establishments. Non-commercial signs must also be attended by a person who is within 50 feet of the sign at all times; however, the attendant need not be employed by or associated with an adjacent establishment. Any one person may act as an attendant to only one non-commercial sign at a time. Each display face shall have a maximum area of 15 square feet, and shall not exceed 5 feet in height or 3 feet in width. Changeable text area of the sign may not exceed 50% of the display face. No such sign may have special illumination and the display portion may have no or parts which move, flash, blink, or fluoresce or use digital display. Fluorescent or "day glow" colors are not allowed. No pPaper and other or non-rigid changeable text areas are not allowed. The sign shall not be permanently affixed to any object, structure, or the ground, including utility poles, light poles, trees or other plants, or any merchandise of products displayed outside permanent buildings. At no time may the sign be placed in the street or in any position which impedes the smooth and safe flow of vehicular and pedestrian traffic, or which interferes with driver or pedestrian sight lines or corner clear zone requirements as specified by the City. No sign shall be placed in such a manner as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape or access for persons with disabilities. A clear area of at least 5 feet in width must be maintained for pedestrian use over the entire length of the sidewalk in front of the business establishment. Signs shall not obscure or interfere with the effectiveness of any official notice or public safety device. Signs shall not simulate in color or design a traffic sign or signal, or make use of words, symbols, or characters in such a manner as may confuse pedestrians or drivers. Every sign and all parts thereof shall be kept in good repair. The display surface shall be kept clean, neatly painted, and free from dust, rust and corrosion. Any cracked, broken surfaces, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced or removed within 30 15 days following notice by the City. The copy on the sign must be strictly of a commercial nature, must not include copy or messages pertaining to "noncommercial speech" as that term is defined in the Sign OrdinanceAs to commercial signs for adjacent establishments, commercial copy must pertain to the adjacent establishment, and must refer or pertain to goods, activities or services which are actually available in the subject store at the time the sign is displayed. Signs displayed under this section may not be used for general advertising for hire. 3. WHO MAY DISPLAY AN A-FRAME SIGN IN THE VILLAGE REDEVELOPMENT REVIEW AREA Policy No. 65 Page 5 of 11 The commercial A-Frame Signs allowed by this section may be displayed only by the operators of retail commercial establishments with ground floor frontage on streets within the Village Village Review AreaRedevelopment Zone, who hold a currently valid City business license, who are not currently in violation of, or nonconformance with, any of the zoning, land use, environmental or business regulatory laws, rules or policies of the City. Persons acting as the official attendant of non-commercial message signs must be over the age of eighteen. Each eligible business establishment location is allowed a maximum of one A-Frame sign. However, when an establishment business is located within a business arcade or courtyard area, in which case only one "tenant directory" sign, which lists all of the businesses establishments within the arcade or courtyard, is allowed. The display area of the permitted A- Frame sign shall not count as part of the total signage for the business establishment, which is allowed under the Sign Ordinance. 4. TRANSFER OF PERMIT The Permit attaches to the business establishment at the location specified. If the business establishment is sold or transferred, and remains at the same location, then the Permit shall automatically transfer to the new owner or transferee, who shall be bound to the terms and conditions of the original Permit. However, if the business establishment which first obtained the Permit moves to a different location, or if the location is then taken by a new business establishment, a new application and Permit shall be required. 5. TERM OF CONSENT INDICATED BY PERMIT; REVOCATION AND RENEWAL The Permit is revocable or cancelable at will by the City. However, the City will cancel a Permit without cause only when it does so to all permittees who are similarly situated. Any Permit may be revoked for noncompliance, 30 calendar days after notice of noncompliance remains uncured, or in the case of a noncompliance condition which constitutes a threat to the public health, safety or welfare, summarily. When a Permit is revoked, the owner of the sign must physically remove it from the public right of way within 24 hours of notice of revocation; upon failure to do so, the City may summarily remove the sign and hold it in storage until all costs of removal and storage are paid by the sign owner, upon which condition the sign shall then be returned to its owner. There is no guarantee that the City will continue the policy stated herein. Permittees hold no expectation of renewal of any given Permit, acquire no vested right to continue displaying the sign on public land city property, and waive all claims of inverse condemnation (uncompensated taking of private property) as to the permitted sign, when they submit the original application. 6. TEMPORARY REMOVAL The City may give notice, by any reasonable means, that consent to display an A-frame is or shall be withdrawn temporarily so as to serve a more urgent or more important public need, such as, without limitation, dealing with a natural disaster, a traffic emergency, a temporary need to make more space available on the public right-of-way, a civil disturbance, a parade, an election, or other special event. In urgent situations, the City may summarily remove a permitted sign without notice, for a time sufficient to deal with the urgency. All permittees shall comply with all notices to temporarily remove the permitted signs, and to return them to display only in Policy No. 65 Page 6 of 11 accordance with the City's directions. 7. INSURANCE AND INDEMNITY A Permit under this section will be issued only to an applicant who provides evidence of comprehensive general liability insurance coverage, in a form satisfactory to the Community Development Director city planner and risk manager, which shall name the City as an additional insured and provide thirty-day notice of cancellation. The minimum liability coverage on such policy shall be one million dollars; such coverage shall apply to claims of personal injury including death, property damage and advertising injury. Application for a Permit shall constitute an agreement to hold harmless, defend and indemnify the City against all claims relating to property damage or personal injury, including death, which assert that the permitted sign played any legally significant role in the creation of the liability. 8. CANCELLATION OR MODIFICATION OR PROGRAM The City may, at any time and for any reason, cancel or modify this program allowing commercial A-Frame signs in the public right-of-way in the Village Redevelopment Review Area. SECTION EIGHT: REAL ESTATE FOR SALE “KIOSK” SIGNS IN PARTICULAR LOCATIONS 1. INTENT AS TO PUBLIC FORUM The City’s intent as to this section is to designate a strictly limited public forum, which allows only the posting in convenient places of directional information regarding tract housing developments which are currently selling homes located within the City. 2. KIOSK SIGNS FOR NEW TRACT HOUSING DEVELOPMENTS Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height, 7 feet in width, which contain modular information strips, not exceeding 10 inches in height, 6 feet in width, providing information about tract housing developments (of more than 4 units) which are currently selling new homes located within the City. Such signs may display only the following information: the name of the development, developer and/or marketer thereof, and the direction to the development from the sign. Each kiosk will have "City of Carlsbad" and the city logo displayed in a prominent location on the sign. One kiosk design will be utilized throughout the city. This kiosk design is on file in the Planning Department Division. All tract housing development signs mounted on the kiosks shall be the same design and shall be white wood with black reflective lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be all upper case letters not more than 6 inches in height. Individual tract housing development directional signs must shall be approved by the Planning Director city planner prior to mounting on a kiosk to ensure compliance with this section. In no case shall a sign be mounted on a kiosk before building permits have been issued for the model Policy No. 65 Page 7 of 11 homes. There shall be no additions, tag signs, streamers, devices, display boards, runners or riders or appurtenances added to the sign as originally approved. Further, no other off-site directional signing may be used such as posters, trailer signs or temporary subdivision directional signs. Any sign placed contrary to the provisions of this section may be removed by the city without prior notice. Each approved tract housing development may have up to a maximum of 8 directional signs. Upon approval by the Planning Director city planner, directional signs shall be permitted until the homes within the housing development are sold or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted by the Planning Director city planner. A tract housing development neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising the housing development anywhere in the City. If any advertising signs are erected and not promptly removed upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no refund given. 3. PRIVATE CONTRACTOR FOR MANAGEMENT OF THE KIOSKS The City may enter into a contract with a private contractor to design, erect, modify, replace, maintain and manage the kiosk signs allowed by this section. Such contract must be approved by the City Council, and may require that the contractor pay to the City a rent or royalty on advertising revenues. All the terms of said contract, and all payments to the City hereunder, shall be public information. 4. INSURANCE REQUIREMENT In the event the City selects a private party contractor to manage the kiosks, the City may require the private party contractor to provide evidence of comprehensive general liability insurance coverage, in a form satisfactory to the Community Development Director city planner and risk manager, which shall name the City as an additional insured, and provide 30-day notice to the City of cancellation. The minimum liability coverage on such policy shall be one million dollars. Any private party contract must include a provision for the contractor to hold harmless, defend and indemnify the City against all claims relating to property damage or personal injury, including death, which assert that the kiosk sign played any legally significant role in the creation of the liability. 5. ALLOWABLE LOCATIONS The kiosks allowed by this section may be located only as shown on Attachment A. The city planner is authorized to approve the relocation of kiosks shown on Attachment A to better serve the needs of new development. SECTION NINE: TEMPORARY POLITICAL AND OTHER NONCOMMERCIAL SIGNS IN THE PUBLIC RIGHT OF WAY DURING CAMPAIGN PERIODS Policy No. 65 Page 8 of 11 1. INTENT AS TO PUBLIC FORUM In this section only, the City's intent is to designate a public forum which is available only at limited times and places for sign expression on political and other noncommercial topics, absolutely without favoritism as to any speaker, topic or point of view. The display opportunities afforded by this section are in addition to those in the Sign Ordinance which allow noncommercial speech at all times. 2. TEMPORARY CAMPAIGN SIGN PERMIT; APPLICATION FORMS AND PROCEDURES The procedure for the approval of a temporary campaign sign permit is as follows:  The zoning enforcement officer shall provide noticefy in the temporary campaign (and other noncommercial) sign permit application to candidates and/or their state/local campaign committee chairpersons for national, state, local or county office and chairpersons of campaign committees for or against any measure appearing on the ballot for a statewide, local or county election of the temporary campaign sign requirements as provided herein. Prior to the posting of any temporary campaign signs in the public right-of-way (excluding median strips), the candidate, the chairperson of a campaign committee or any other person designated by the candidate or chairperson who is responsible for the posting of said sign, shall obtain a temporary campaign (and other noncommercial) sign permit. The permit, on a form prescribed by the city community development director or his designee, shall include the name, address and phone number of the candidate or campaign chairperson and any person responsible for the posting of signs. The permit shall be signed by the candidate, chairperson or person responsible for the posting of the signs.  A nonrefundable processing fee, in an amount established by City Council, shall be paid at the time the application for the permit is made. The fee shall be used to defray the cost of issuing the permit and administering. These fees apply to all signs, which may be displayed under this section for the relevant period, and shall not be assessed on a per sign basis.  A refundable deposit, in an amount established by City Council, shall be paid at the time the permit is issued. This deposit shall be refunded to the permittee within 5 days after the removal of the permittee's temporary campaign sign or signs. If the permittee does not remove the signs they may be removed by the Community Development Director or designee without further notice. The deposit may be used to defray the cost of removal. The Community Development Director or designee may also charge any expense incurred hereunder to the permittee. Any candidate or campaign committee which is able to show financial inability to pay the refundable deposit may request a waiver from the City Council.  The Community Development Director or designee is authorized, after giving 2 days written notice to the person or persons who signed the sign permit, to remove any temporary campaign signs that do not conform to the standards herein provided. The cost of such removal may be charged to the permittee. 3. TIME PERIOD Policy No. 65 Page 9 of 11 The signs allowable under this section may be displayed only during the period of time 20 30 days preceding and 10 days following a general, special or primary election. All political and other noncommercial message signs must be removed from public property the public right-of- way, by the permittee or his/her designee, not more than 10 days after the election. 4. LOCATIONS This section allows the display of signs expressing political or other noncommercial messages. The signs allowable under this section may be placed in the public right-of-way (excluding median strips) adjacent to a public street in commercially or industrially zoned areas or in residentially zoned areas along prime or major arterials (see Attachment B) as shown in the Circulation Element of the General Plan. 5. PERSONS WHO MAY RECEIVE A PERMIT UNDER THIS SECTION Any person who will abide by the terms and conditions of this section may receive a permit. Removal, defacement, alteration, obliteration, destruction or tampering with signs permitted under this policy without the permission of the owner is prohibited. Such signs may not be placed in such a manner as to obscure or cover, in whole or in part, any other sign permitted under this section. 6. PHYSICAL REQUIREMENTS Signs which are allowable under this section may not exceed 6 square feet in display area, must be made of materials and construction methods to withstand normal weather conditions for the period of display, and mounted in such a manner that they will not be blown away or dislodged by normal weather and climate conditions for the area. Each sign must be mounted at least 1 foot above grade, and no higher than 6 feet above the grade. Permitted signs may not be specially illuminated. No sign shall be:  attached to any utility pole, box or standard, bus bench, pole or structure supporting a traffic control sign or device(streetlight, traffic signal), or any fire hydrant.  placed on any tree or shrub by any nail, tack, spike or other method which will cause physical harm to the tree or shrub.  placed in such a manner as to obstruct the public use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a hazard to persons using the public road right-of-way.  placed in the roadway or on the sidewalk.  placed in a median strip.  placed in that portion of the public right-of-way or easement past the sidewalk without the consent of the adjoining property owner or person in possession if different than the owner. 7.8. REMOVAL OF NONCONFORMING SIGNS Signs which do not conform to this section or any permit issued under this section may shall be summarily removed by the City upon discovery of the nonconformance. Policy No. 65 Page 10 of 11 SECTION TEN: SIGNAGE ASSOCIATED WITH SPECIAL EVENTS When the City allows a special event pursuant to Carlsbad Municipal Code Chapter 8.17, the Special Event Committee shall approve the location, number, duration of posting and content for “Road Closure Notification” and “Traffic Control/Directional” signs as described in the Carlsbad Municipal Code. The Special Event Committee shall approve the location and duration of posting for “Promotional” special event venue signs as described in the Carlsbad Municipal Code. Signs within the venue shall conform to size requirement and may only be posted during the time authorized in the Special Event Permit. SECTION ELEVEN: USE OF PUBLIC LAND FOR BANNERS Banners may be placed by the City on Public City Property in the public right-of-way as approved by resolution of the City Council. only in the Village Redevelopment Area. SECTION TWELVE: CITYWIDE WAY-FINDING SIGNS 1. INTENT AS TO PUBLIC FORUM The City’s intent as to this section is to designate a strictly limited forum, which allows the City to post way-finding (directional) signs on City property to guide residents and visitors to public buildings or facilities, quasi-public buildings, city neighborhoods, philanthropic organizations, cultural/historical destinations, tourist destinations and points of public interest within Carlsbad, and other uses, locations or destinations as approved by resolution of the City Council. 2. Way-finding signs are permitted for the following buildings/facilities/uses: Public Buildings and Facilities – City of Carlsbad, County, State and Federal Buildings; City Facilities – City Buildings, Uses, Parking Lots, Golf Course, Parks and Trails, etc.; Quasi-Public Buildings – Chamber of Commerce, Carlsbad Visitors Center, Train Stations; Cultural/Historical Destinations –Museums* Points of Public Interest – City Lagoons, Ocean Beaches, Nature/Interpretive Centers, the Flower Fields, the Strawberry Fields, Legoland, the Village Area; City Entries and Neighborhood Entries; Philanthropic Organizations – Lyons Club, Rotary Club, Kiwanis Club, etc.; Tourist Destinations as approved by resolution of the City Council; and Locations or destinations of significant public interest where way-finding signage would be of public benefit as approved by resolution of the City Council. 3. The City’s way-finding signs shall either be designed consistent with Section Eight of this policy as modular information strips on the City’s Kiosk Signs or designed and produced by the applicant, subject to the approval of the city. 4. Citywide way-finding signs shall be subject to the approval by the city planner, city engineer and city traffic engineer prior to installation. Policy No. 65 Page 11 of 11 5. All way-finding signs (excluding those installed by the private contractor on the City’s Kiosk Signs) shall be installed by the city. 6. Way-finding signs may be designed as archway signs located over major roads within the City. *Museum – Means a non-profit, permanent institution in the service of society and of its development, and open to the public, which acquires, conserves, researches, communicates and exhibits, for purposes of study, education and enjoyment, material evidence of people and their environment. ~ . '.·.:~ ,;i . /. / ~~~ CITY Of · ¥v CARLSBAD . ATTACHMENT 6 ~ • Memorandum April12, 2011 To: From: Via Re: Usa Hildabrand, City Manager Don Neu, City Planner Q)1 ~ Gary Barberio, Community and Economic Development Director~ Sign Ordinance-April19, 2011 City Council Workshop The attached "white paper" addressing the city~s Sign Ordinance is being provided for the City. Council's consideration in preparation for their April19, 2011 Workshop. The city's Sign Ordinance {Chapter 21.41 of the CMC, attached) was last comprehensively amended in 2001. Since that time, staff has identified a number of issues with the existing Sign Ordinance (discussed in the attached white paper), including concerns expressed by the development community, which merit reconsideratio.n and potential amendment. Staff is recommending that the City Council direct staff to initiate the proce~s of amending the City's Sign Ordinance to consider and/or address the above indentified issues and requests. GTB:DN:It Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602·2710 I 760-602-8560 fax ( SIGN ORDINANCE Background: The City's Sign Ordinance (Chapter 21.41 of the CMC, attached) was last comprehensively amended in 2001. Since that time, staff has identified a number of issues with the existing Sign Ordinance, including concerns expressed by the development community, which merit reconsideration and potential amendment. The issues include the following: 1. The nomesidential development community has recently requested that the City consider amending its Sign Ordinance to provide more flexible sign standards for nomesidential buildings and uses, particularly in the midst of this ongoing economic recession, whereby businesses could greatly benefit from any additional opportunities to more easily identify their businesses. For reference, prior to 2001, the City's Sign Ordinance primarily regulated the maximum total sign area permitted per zone by a simple formula (i.e., 2 square feet (SF) for R-1 and R-2; 20 SF for R-3 and RD-M; and 1.5 SF for all other nomesidential zones times the lineal footage of building frontage). As an example, a nomesidential building with a building frontage of 200 feet would be permitted 300 SF of total signage (200' x 1.5 SF. = 300 SF). There were generally no other comprehensive sign standards regulating the maximum permitted number and location of various sign types (i.e., wall, monument, pole and directional signs) nor their physical attributes (i.e., maximum permitted sign area, number of permitted signs or maximum sign letter height). In 2001, the City's Sign Ordinance was comprehensively amended with the primary objective of creating more restrictive sign regulations consistent with the City's interest in preserving the community's aesthetic values and traffic safety, while providing adequate channels of communication and complying with current constitutional case law. Based upon these objectives, the Sign Ordinance was amended to provide more restrictive and comprehensive sign standards with respect to the permitted number, size, letter height, type, and location of signs for varying zones and uses. At that time, most of the nomesidential buildings in the City's business parks ranged in size between 15,000 and 50,000 SF in area; few buildings, exceeded 100,000 SF in area. Accordingly, the current adopted sign standards, including the maximum wall sign area (50 SF), the number of allowed wall signs (1 to 3, depending on building size), and letter height (18" - 3 6"), were deemed adequate to identifY the types and sizes of existing businesses. More recently, a newer generation of larger office/industrial and commercial buildings (i.e., 50,000 to 100,000 SF and greater than 100,000 SF) has been approved/built in the City (i.e., ViaSat, Life Technologies, ISIS Pharmaceuticals, Lowe's, Bressi Ranch Self Storage). In this context, the City has recently reviewed a number of sign variance applications from some of the larger nomesidential buisnesses (Life Technologies, ( Lowe's and Bressi Ranch Self Storage) requesting approval of an increase in the maximum sign area, number of signs, and .letter height standards so that the signage is more appropriately proportioned and in scale with the larger size of the buildings. Staff is recommending that the Sign Ordinance be considered for amendment to address the signage needs of these larger nonresidential buildings in manner that provides for adequate signage identification, while maintaining the overall high quality of signage aesthetics in the City. 2. The existing Sign Ordinance mandates that comprehensive sign programs be required and approved for all master plans, specific plans, commercial projects, and industrial/office projects> 25 acres in area. A sign program is a plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement. A sign program also functions as a master record of permitted and actual signage on a property. This information provides the City a significant benefit in administering signs for the property. The existing Sign Ordinance specifies that sign programs may not supersede the sign regulations of the Sign Ordinance. The City's former Sign Ordinance allowed for projects with an approved sign program to vary from the sign regulations of the Sign Ordinance. In hindsight, given the overall benefits to the City of a comprehensive sign program for larger prominent nonresidential and master/specific planned projects, staff is recommending that the Sign Ordinance be considered for amendment to allow projects with an approved comprehensive sign program to vary from the sign regulations of the Sign Ordinance. This would provide the signage flexibility required for these uses and would therefore reduce the number of sign variance requests, while still maintaining strong control over sign aesthetics and quality. 3. The City's Sign Ordinance currently prohibits Electronic Message Board Signs (signs with a fixed or changing display composed of a series of lights, light emitting diodes (LED) or liquid crystal display (LCD)) that use moving text, and other means to draw attention from vehicular traffic. Often times these signs are used by public schools and municipalities to promote community events, and in some cases auto or commercial centers on freeway corridors for advertising purposes. Staff has recently received requests from the City's regional commercial center representatives (Car Country and Plaza Camino Real) to allow these signs. 4. The City has received requests from a variety of organizations to allow them to post way- finding (directional) signs off-site and within the public right-of-way or on public property to guide residents and visitors to public buildings, public facilities, quasi-public buildings, cultural/historical destinations, and public points of interest within Carlsbad. City Council Policy #65 (Signs on Public Property) would need to be amended to allow for "Way-finding Signs". 5. The City has received recent requests to allow for signage identification for uses (i.e. Agua Hedionda Lagoon Discovery Center) in the Open Space zone. ( 6. Ordinance revisions that are necessary to comply with current constitutional case Jaw. 7. Minor ordinance revisions that will clarify and/ or correct existing definitions and sign standards. Recommendation: Staff is recommending that the City Council direct staff to initiate the process of amending the City's Sign Ordinance to consider and/or address the above indentified issues and requests. Community & Economic Development 1635 Faraday Ave. Carlsbad, CA 92008 760-602-2710 760-602-8560 fax ERRATA SHEET FOR AGENDA ITEM #2 Memorandum November 19, 2012 To: Planning Commission From: Chris DeCerbo, Principal Planner Via Don Neu, City Planner Re: Errata Sheet For Agenda Item 2 - ZCA 11-03/LCPA 11-04 – Sign Ordinance Amendment Based upon recent comments received from our legal counsel (Randall R. Morrison), included below are a number of minor though legally substantive revisions that are proposed to the draft amended Sign Ordinance (Chapter 21.41 of the CMC). The revisions are presented in a strike-out and underline format below. 21.41.020 Definitions. 5. "A-frame sign" means a freestanding sign, not higher than five feet and not wider than three feet, designed to be easily movable and to rest on the ground without being affixed to any object or structure. Such signs are commonly in the shape of the letter "A," but may also be in the shape of an inverted letter "T" or a letter "H," functionally similar signs are also within this definition. 6. "Animated sign" means any sign with action or motion or color changes, whether or not requiring electrical energy or set in motion by wind. This definition includes digital signs and excludes flags. and does not apply to electronic message boards or digital displays. 14. "Billboard" means a permanent structure sign in a fixed location which meets any one or more of the following criteria: a. Sign is used for the display of off-site commercial advertising; b. Sign is used for general advertising, also known as advertising for hire; c. Display space on the sign is customarily used to display messages sponsored by persons or entities other than the owner of the sign and/or the owner of the land on which the sign is located; or d. The sign is not accessory or appurtenant to a principal ple use of the land. 19. "Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be physically or mechanically changed or rearranged without altering the face or the surface of the sign. This does not include a digital display. sign. 23. “Commercial mascot” means a live person or animal so attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages. Includes sign twirlers and sign clowns, but does not include hand-held signs displaying noncommercial messagescostumed as to portray or express a commercial image when visible from any portion of the public right-of-way. 27. “Digital display” means a physical method of image presentation using LCD (liquid crystal display), LED (light emitting diode), plasma displays, projected images, or other functionally equivalent display technologies. Signs using such display methods are called by various names, including CEVMS (commercial electronic variable message signs or changeable electronic variable message signs), electronic message boards, electronic reader boards, dynamic signs, digital signs, electronic signs, message centers, and similar terms. 287. "Directional sign" means an on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site. 298. "Directory sign" means a sign listing the persons, activities or tenants located on-site. 3029. "Eaveline" means the bottom of the roof eave or parapet. 30. "Electronic message board sign" or “digital display”, also known as CEVMS (Changeable Electronic Variable Message Sign), message center (Business and Professions Code 5216.4) or Electronic Message Center means a sign that can be programmed to display different electronic messages or images. The term includes a sign which, for all or part of its display area, uses digital technology, such as , light emitting diodes (LED), liquid crystal display (LCD), plasma display, projected images or functionally equivalent technologies, often by automatic or remote control. 48. "Monument sign" means a freestanding sign, which is supported by a base that rests upon the ground and of which the display or copy is an integral part of the design. A monument sign does not include poles or pylons. Contrast; pole sign. 69. "Sign" means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol, image or writing to advertise, announce the purpose of, identify a person, product, service or entity or to communicate information of any kind to the public. However, the following are not within the definition of "sign" for the regulatory purposes of this chapter: a. Any public or legal notice required by a court or public agency; b. Decorative or architectural features of buildings (not including letters, trademarks or moving parts); c. Holiday decorations and lights, in season, clearly incidental to and associated with holidays or cultural observances and which are on display on a given parcel for not more than forty-five calendar days in a calendar year; 80. "Temporary sign" means a sign, including paper, cardboard wood, plastic, synthetic, fabric or similar materials, which by virtue of its physical nature is not suitable for long term display or permanent mounting. may be used only for a limited period of time and is not permanently mounted. 21.41.025 General provisions. 4. Legal Nature of Sign Rights and Duties. a. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is mounted, affixed or displayed and run with the land or personal property. 21.41.030 Prohibited signs. 3. Animated signs including, but not limited to signs that move, blink, flash, change color, reflect, revolve or make noise, except for electronic message board signs or digital displays at regional commercial centers with a regional commercial general plan land use designation that have frontage on a freeway (I-5 or SR-78) ; 8. Electronic message board signs or digital display signs, except for at regional commercial centers with a Regional Commercial general plan land use designation that have frontage on a freeway (I-5 or SR-78); 12. Mobile billboards or any other type of vehicle that is moving or parked on city streets whose primary purpose is displaying general advertising that is moving or parked on city streets; 21.41.040 Signs on private property not requiring a sign permit. Address Sign Wall 1 per building 6 square feet per sign. The minimum number height shall be: Residential - 4 inches and Nonresident ial – 6 12 inches, unless the Fire Marshal requires a greater height. --------- Flags in non residential zones with commercial symbols Pole Freestanding or mounted on the side of a building Maximum of 3 1 flags per nonresidentia l establishment located in the C-M, P-M and M zones 24 square feet per flag. Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted structure existing on the premises/--- --. * Flags in residential zones with noncommercial symbols Pole Freestanding or mounted on the side of a building Maximum of 2 Fflags Poles per occupied dwelling unit and 3 Flag Poles per nonresidentia l establishment . ------------- Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted structure existing on the premises/--- --. Flags with commercial images are not allowed in residential zones.* A total of 4 flags (1 with commercial symbols and 3 with non- commercial symbols are allowed for nonresidenti al establishme nts 21.41.080 Sign Design Standards. G. Sight Distance. 1. No sign or sign structure shall be placed or constructed so that it impairs the City’s sight distance requirements, per City Engineering Standards, at any public or private street intersection or driveway. 21.41.095 Permitted permanent signs. Gas/Service Stations Monument Wall 1 per street frontage 1 per street frontage 60 square feet per sign 30 square feet per sign 6 feet above average grade/24 inches 24 inches Primary project entrance or at other strategic location (See Note #1 below) Sign may include motor fuel prices as required by State law. (See Note #3 below) (See Note #6 below) The standard which specifies that directional signs “must include arrow or other directional text” is deleted from Table “B” 21.41.100 Permitted temporary signs. All Commercia l, Office and Industrial zones Banner Interim Temporary Sign 1 per establishme nt 30 square feet per banner sign ------/------- Attached to monument or wall at the establishment location. 1. Permitted only for establish ments waiting for permanen t sign constructi on and installatio n. 2. Approval limited to 45 days maximum or when the permanen t sign is installed whichever occurs first. 3. A city sign permit for the permanen t sign must first be issued. 21.41.120 Removal of signs. F. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the city planner requiring compliance with this chapter, any expense of such inaction shall be charged to the permittee, owner or person in charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of the sign who fails to pay such costs. Any costs, including attorney’s fees, incurred by the city in collection of the costs shall be added to the amount of the debt. 21.41.125 Appeal of denial or revocation. B. The planning commission shall hold a hearing and provide the appellant with a written decision within ten days of the conclusion of the hearing. If the approval, denial, revocation or removal order is affirmed on review, the appellant may file a written notice of appeal to the city council with the city clerk no later than ten days after the date of the notice of the decision. The city clerk shall then schedule a hearing before the city council, which shall be held within thirty days of the receipt of the notice of appeal, and notify the appellant, in writing, of the day, time, and location of the hearing; however, the hearing may be held later than thirty days upon the request or concurrence of the appellant. The time for compliance of any original order shall be stayed during the pendency of the hearing before the city council. The city council shall provide the appellant with a written decision within ten days of the conclusion of the hearing. Any person dissatisfied with the city council's decision may seek prompt judicial review pursuant to California law. of a denial related to expressive conduct pursuant to California Code of Civil Procedure Section 1094.8. ERRATA SHEET FOR AGENDA ITEM #2 Memorandum November 19, 2012 To: Planning Commission From: Chris DeCerbo, Principal Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item 2 – ZCA 11-03/LCPA 11-04 – Sign Ordinance Amendment – Revisions to City Council Policy No. 65 Revisions to City Council Policy No. 65 Based upon recent comments received from our legal counsel (Randall R. Morrison), included below are a number of revisions that are proposed to the draft amended City Council Policy #65. The revisions are presented in a strike-out and underline format below. BACKGROUND: In 2001 the City Council adopted this policy regarding the posting of campaign and other signs on city property within the City of Carlsbad. The City’s proprietary ownership rules for permitted signage on city property, particularly in the public right-of-way, which are contained in this policy, supplement the City’s Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code),which deals with permitted signage on private property. The definitions in Chapter 21.41 apply to this policy. SECTION SIX: EXEMPTIONS FROM PERMIT REQUIREMENT The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs erected by the City or another governmental unit; official notices required by law; signs placed by the City in furtherance of its governmental functions or proprietary capacity; signs expressing the City’s own message to the public and signs allowable under Section Four of this Policy. SECTION NINE: TEMPORARY POLITICAL AND OTHER NONCOMMERCIAL SIGNS IN THE PUBLIC RIGHT OF WAY DURING CAMPAIGN PERIODS 2. TEMPORARY CAMPAIGN NONCOMMERCIAL SIGN PERMIT; APPLICATION FORMS AND PROCEDURES  The procedure for the approval of a temporary campaign noncommercial sign permit is as follows: The zoning enforcement officer shall provide notice in the temporary noncommercial sign permit application to candidates and/or their state/local campaign committee chairpersons for national, state, local or county office and chairpersons of campaign committees for or against any measure appearing on the ballot for a statewide, local or county election of the temporary campaign sign requirements as provided herein. Prior to the posting of any temporary noncommercial signs in the public right-of-way (excluding median strips), the candidate, the chairperson of a campaign committee or any other person designated by the candidate or chairperson who is responsible for the posting of said sign, shall obtain a temporary noncommercial sign permit. The permit, on a form prescribed by the city, shall include the name, address and phone number of the candidate or campaign chairperson and any person responsible for the posting of signs. The permit shall be signed by the candidate, chairperson or person responsible for the posting of the signs. SECTION ELEVEN: USE OF PUBLIC LAND FOR BANNERS Banners may be placed by the City on City Property in the public right-of-way for City speech as approved by resolution of the City Council.