HomeMy WebLinkAboutZCA 11-03; Sign Ordinance Amendment; Zone Code Amendment (ZCA) (6)The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: April 17, 2013
ItemNo. G)
Application complete date: N/A
Project Planner: Chris DeCerbo
Project Engineer: N/A
SUBJECT: ZCA 11-03/LCPA 11-04-SIGN ORDINANCE AMENDMENT -A request
for a recmmnendation 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 to address first amendment issues
associated with the pennitted regulation of non-commercial signage, (2) provide
more flexible sign development standards, and (3) 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
Conunission Resolutions No. 6927 and 6928 RECOMMENDING APPROVAL of ZCA 11-03
and LCP A 11-04 based on the findings contained therein.
II. PROJECT DESCRIPTION
This item was presented to the Planning Commission on November 21, 2012. After staff
presentation and Planning Connnission discussion, the item was continued to December 5, 2012.
Staff was tmable to complete the required research and revisions to the Sign Ordinance in time
for the December 5, 2012 Planning Commission meeting. Accordingly, this item was again
continued to a date tmcerta.i:n.
On November 21,2012, the Planning Conunission provided direction to staff to revise the draft
Sign Ordinance and City Cotmcil Policy #65 (Signs on City Property) to: I) generally reduce the
amount of signage flexibility originally reconm1ended 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 continue to limit campaign signs
within the public right-of-way to a maximmn of 20 days preceding an election and to reduce the
display time for campaign signs on private propet1y from 45 days to 20 days preceding an
election, and to 4) allow off-site way-finding signs within the public right-of-way provided that
they are unifonn in design.
ill response to the Planning Commission direction, the Sign Ordinance and City Council Policy
#65 have been revised as discussed below. The specific revisions to the draft Sign Ordinance
and City Council Policy #65 based upon Plauning Connnission direction are shown in a strike-
out and tmderline fonnat on Attachments 6 and 7 respectively. Comprehensive strike-out and
tmderline versions of the proposed Sign Ordinance and City Council Policy #65, that include
ZCA 11-03/LCPA 11-04 – SIGN ORDINANCE AMENDMENT
April 17, 2013
PAGE 2
staffs originally proposed changes that were accepted by the Planning Commission, the previous two errata sheets that were distributed to the Planning Commission and the Planning
Commission requested revisions are included in Attachments 8 and 9 respectively. Draft City
Council ordinance Exhibit “X”, dated April 17, 2013 that includes all comprehensive revisions is
attached to Planning Commission Resolution 6927. 1) 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.
Staff has amended the Sign Ordinance to reduce the number of wall signs from what were originally proposed for office and industrial buildings located in the P-M, M or C-M zones. A
comparison of the number of wall signs per building size allowed by the existing Sign
Ordinance, the original proposed Sign Ordinance and the revised proposed Sign Ordinance is
included in Table “A” below. When comparing the original proposed Sign Ordinance to the revised proposed Sign Ordinance,
the number of wall signs per building has been reduced. The smaller buildings (<50,000 SF)
would still be allowed 2 signs per building and a maximum of 1 sign per building elevation
(rather than per street frontage). Buildings between 50,000 and 100,000 SF in area would be allowed 3 signs per building (instead of 4) and a maximum of 2 signs per building elevation. Buildings greater than 100,000 SF in area would be allowed 4 signs per building (instead of 6)
and a maximum of 2 (instead of 3) signs per building elevation. Additionally, the maximum wall
sign area for buildings greater than 100,000 SF has been reduced from 75 SF to 70 SF.
It is also important to note that when comparing the existing Sign Ordinance to the proposed Sign Ordinance, the range of building sizes have been increased as follows:
from < 35,000 SF to < 50,000 SF;
from 35,000 SF – 60,000 SF to 50,000 SF - 100,000 SF; and
from > 60,000 SF to > 100,000 SF.
It is in this context that staff is recommending a comparable increase in the number of walls signs per building since the buildings are larger in size.
ZCA 11-03/LCPA 11-04 – SIGN ORDINANCE AMENDMENT
April 17, 2013
PAGE 3
TABLE A
EXISTING
SIGN ORD.
BUILDING
SIZE
EXISTING
SIGN ORD.
NUMBER
OF WALL
SIGNS
PROPOSED
SIGN ORD.
BUILDING
SIZE
ORIGINAL
PROPOSED
SIGN ORD.
NUMBER
OF WALL
SIGNS
REVISED
PROPOSED SIGN
ORD. NUMBER OF
WALL SIGNS
< 35,000 SF 1 <50,000 SF 2 2*
35,000 –
60,000 SF
2 50,000 –
100,000 SF
4 3**
> 60,000 SF 3 >100,000 SF 6 4**
* 1 sign/building elevation
** 2 signs/building elevation
Furthermore, the Modified Sign Program provisions have been revised whereby the maximum
increase in the number of signs or dimensions achievable through a Minor or Major Modified
Sign Program has been reduced from 25% to 15% and from 50% to 30% respectively. With this
revision, staff is recommending that the previously proposed rounding rule for Modified Sign Programs be revised from “any fraction of a sign that is greater or equal to .5 would be rounded
up to the nearest whole number” to “any fraction of a sign would be rounded up to the nearest
whole number.” The change in the rounding rule is proposed in order to allow the ability to
permit an additional sign through a Minor or Major Modified Sign Program.
Table “B” includes the number of wall signs based upon the original proposed Sign Ordinance
permitted number of wall signs (2, 4 and 6) with the original Modified Sign Program percentage
increases (25% or 50%) and the original proposed rounding rule (round up if .5 or greater).
TABLE B
BUILDING
SIZE
ORIGINAL
PROPOSED
SIGN ORD.
PERMITTED #
OF WALL SIGNS
PERMITTED #
OF WALL SIGNS
WITH 25%
INCREASE
PERMITTED # OF
WALL SIGNS
WITH 50%
INCREASE
<50,000 SF 2 3 3
50,000 – 100,000 SF 4 5 6
>100,000 SF 6 8 9
Table “C” includes the number of wall signs based upon the revised proposed Sign Ordinance
permitted number of wall signs (2, 3 and 4) with revised Modified Sign Program percentage increases (15% or 30%) and the new proposed rounding rule (any fraction of a sign is rounded up).
ZCA 11-03/LCPA 11-04 – SIGN ORDINANCE AMENDMENT
April 17, 2013
PAGE 4
TABLE C
BUILDING
SIZE
REVISED
PROPOSED
SIGN ORD.
PERMITTED #
OF WALL SIGNS
PERMITTED #
OF WALL SIGNS
WITH 15%
INCREASE
PERMITTED #
OF WALL SIGNS
WITH 30%
INCREASE
<50,000 SF 2 3 3
50,000 – 100,000 SF 3 4 4
>100,000 SF 4 5 6
A comparison between the two tables clearly demonstrates that the number of permitted wall
signs achievable through these Modified Sign Program revisions has been significantly reduced from what was originally proposed. It is also important to remember that the achievement of an
additional sign through a Modified Sign Program is only possible if the applicant satisfies
specific findings.
2) Continue to prohibit digital signs within the City.
The Sign Ordinance has been amended to remove the provisions which would allow electronic
message board signs 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 by the City Council. The Sign Ordinance now clearly prohibits electronic message board signs and digital display signs throughout the City.
3) Continue to limit campaign signs within the public right-of-way to a maximum of 20
days preceding an election and to reduce the display time for campaign signs on private
property from 45 days to 20 days preceding an election.
City Council Policy #65 (Signs on City Property) has been amended to continue to limit
campaign signs within the public right-of-way to a maximum of 20 days preceding an election
and the Sign Ordinance has been amended to reduce the display time for campaign signs on private property from 45 days to 20 days preceding an election. This revision will continue to allow an ample amount of time (20 days preceding an election) to post campaign signs on public
and private property and will simplify and facilitate the code enforcement of campaign signs
throughout the City since the display times (20 days) for both public and private property are the
same.
4) Allow off-site way-finding signs within the public right-of-way provided that they are
uniform in design.
City Council Policy #65 (Signs on City Property) has been amended to specify that the City’s
way-finding signs shall be as approved by the City with a uniform design that includes the City’s logo. This will ensure that way-finding signage will be consistent in design and therefore easily
recognizable by the public.
ZCA 11-03/LCPA 11-04 – SIGN ORDINANCE AMENDMENT
April 17, 2013
PAGE 5
III. ANALYSIS
With these proposed revisions, the project still remains consistent with the General Plan, Zoning
Ordinance and Local Coastal Program, as discussed in the Planning Commission staff report
ZCA 11-03/LCPA 11-04, dated November 21, 2012.
ATTACHMENTS:
1. Planning Commission Resolution No. 6926 (ND)
2. Planning Commission Resolution No. 6927 (ZCA) 3. Planning Commission Resolution No. 6928 (LCPA) 4. Staff Report dated December 5, 2012 (previously distributed and available at
http://www.carlsbadca.gov/cityhall/clerk/Pages/dms.aspx)
5. Staff Report dated November 21, 2012 without resolutions (previously distributed as
Attachment 1 to above Staff Report and available at http://www.carlsbadca.gov/cityhall/clerk/Pages/dms.aspx) 6. Strike-out and underline version of the revised Sign Ordinance that clearly identifies the
specific revisions based upon Planning Commission direction.
7. Strike-out and underline version of the revised City Council Policy #65 that clearly
identifies the specific revisions based upon Planning Commission direction. 8. Comprehensive strike-out and underline version of the proposed Sign Ordinance that includes staffs originally proposed changes that were accepted by the Planning
Commission, the previous errata sheets that were distributed to the Planning Commission
and the Planning Commission requested revisions.
9. Comprehensive strike-out and underline version of the proposed City Council Policy #65 that includes staffs originally proposed changes that were accepted by the Planning Commission, the previous errata sheets that were distributed to the Planning Commission
and the Planning Commission requested revisions.
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
ATTACHMENT 4 & 5
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: November 21 , 2012
ItemNo. 0
Application complete date: N/A
Project Planner: Chris DeCerbo
Project Engineer: N/A
SUBJECT: ZCA 11-03/LCPA 11-04-SIGN ORDINANCE AMENDMENT -A request
for a reconunendation 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) incmporate revisions deemed necessary by the City's
legal cow1sel to address first amendment issues associated with the permitted
regulation of non-conunercial 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 Cotmtry
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 Connnission Resolution No. 6926
RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning
Conuuission Resolutions No. 6927 and 6928 RECOMMENDING APPROVAL of ZCA 11-03
and LCP A 11-04 based on the findings contained therein.
II. INTRODUCTION
Tb..i.s project constitutes an overall amendment to the City's Sign Ordinance (Chapter 21.41 of the
Carlsbad Mllilicipal Code) since its last comprehensive update in 2001. The objectives of the
amendment focus on revisions necessaty 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 tmderstand by the general public.
The proposed amendments are consistent with the General Plan and maintain intemal
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 necessaty. However, no pmtion 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 Propet1y) wb..i.ch is not subject to review and approval by the Plam1ing Commission but
has been included as i.nfotmation for the Plalllling Commission.
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
ATTACHMENT 4
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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
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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
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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.
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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
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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, 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 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
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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
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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.
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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
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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
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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.
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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
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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)
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(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
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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 I \. . ATIACHMENT6
(.~~ CITY OF
· '¥v CARLSBAD
~ v
Memorandum
April12, 2011
To:
From:
Via
Re:
Lisa Hildabrand, City Manager
Don Neu, City Planner Q)1 ~
Gary Barberio, Cammunity and Economic Development Director~
Sign Ordinance-April19, 2011 City Council Workshop
The attached ''whit? paper" addressfng the city~s Sign Ordinance is being provided for the City.
Council's consideration in preparatioh for tlieit Aprill9, 2011 Workshop. 1tte city's Sign Ordinance
(Chapter 21.41 of the .CMC, attached) was last comprehensively amended in 2.001. Since that time,
staff has identified a number of issues with the existing Sign Ordinance {discussed in the attached
white paper}1 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:lt
Community & Economic Development
1635 Faraday Ave. I Carlsbad. CA 920081 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:
I. The nonresidential development community has recently requested that the City consider
amending its Sign Ordinance to provide more flexible sign standards for nonresidential
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 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 (I to 3, depending on building size), and letter
height (18" - 3 6"), were deemed adequate to identity the types and sizes of existing
businesses.
More recently, a newer generation of larger office/industrial and commercial buildings
(i.e., 50,000 to I 00,000 SF and greater than I 00,000 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 nonresidential 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 pro gram 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.
ATTACHMENT A
Coune!l ~oltey No. 6S
•)
I
I . ·~
1}11 Commercial/Industrial Zone
Streets Designated for Campaign
i Sign Placement in ROW:
i ~ Prime Arterial
~ Major Arterial
~Street iri Commercial/Industrial Zone
C i t y o f C a· r I s ~ a d
-~ ·4l ~~~" ~-T4_V~~-~ CITT' OF
CARLSBAD
Policy #65 Campaign Sign Placement
·(Desigmated Street Right-of-Ways)
ATTACHMENT 6
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:
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
ATTACHMENT 6
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 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 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 excludes flags and
ATTACHMENT 6
does not apply to electronic message board signs or digital displays.
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;
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 use of the land.
15. “Building elevation” means the front, rear or side of the external face of a building.
16. "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.
176. "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.
187. "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.
198. "Canopy sign." See "awning sign."
2019. "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.
210. "Channel lettered sign" means a sign with individually cut, three dimensional
letters or figures affixed to a building or sign structure.
221. “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.
ATTACHMENT 6
232. "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.
243. “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.
This includes sign twirlers and sign spinners.
254. "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.
265. "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.
276. "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.”
287. “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.
298. "Directional sign" means an on-site sign designed to guide or direct pedestrian or
vehicular traffic to uses on the same site.
3029. "Directory sign" means a sign listing the persons, activities or tenants located on-
site.
310. "Eaveline" means the bottom of the roof eave or parapet.
321. "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.
332. "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.
343. “Façade sign” means a sign fastened to the exterior walls of a building exposed
to public view. See also “wall sign.”
354. "Fascia sign" means a sign fastened to or engraved in the band or board at the
edge of a roof overhang.
365. "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.
376. "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.
387. "Freestanding sign" means a sign supported upon the ground and not attached
to any building. This definition includes monument signs and pole signs.
398. "Freeway service station" means a gas/service station located on a property that
ATTACHMENT 6
is contiguous to a freeway interchange.
4039. "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.
410. "Hand held" means those signs or visual communication devices which are held
by or otherwise mounted on human beings or animals.
421. "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.
432. "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.
443. "Logo" means a trademark or symbol of an organization, belief system or
concept.
454. "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.
465. "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.
476. "Master plan" means a plan prepared and adopted pursuant to Chapter 21.38 of
this code.
487. "Mobile billboard" means a vehicle for which the primary use is the display of
general advertising message(s).
498. "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.
5049. "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.
510. "Multi-tenant building" means a nonresidential building in which there exists two
or more separate nonresidential tenant spaces, businesses or establishments.
521. "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.
532. "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.
543. "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.
554. "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.
565. "Off-site sign" means any sign that gives directions to or identifies a commercial
ATTACHMENT 6
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.
576. "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.
587. "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.
598. "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.
6059. "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.
610. "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.
621. "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.
632. "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.
643. "Projecting sign" means a sign which projects more than ten inches from a wall
or other vertical surface, generally at about ninety degrees.
654. "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.
665. "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.
676. "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.
687. "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.
ATTACHMENT 6
698. "Shopping complex" means the same as "commercial center."
7069. "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;
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;
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.
ATTACHMENT 6
710. "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.
721. "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.
732. "Sign permit" means an entitlement from the city to place or erect a sign.
743. "Sign program" means a plan that integrates signs for a project with buildings,
circulation and landscaping to form a coordinated architectural statement.
754. "Site development plan" means a plan required pursuant to Chapter 21.06 of this
code.
765. "Specific plan" means a plan prepared and adopted pursuant to Section 65451 of
the California Government Code.
776. "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.
787. "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.
798. "Tall freestanding sign" means a monument or pole sign that is greater than
fourteen feet in height.
8079. "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.
810. "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.
821. "Traffic directional sign" means a sign which indicates place, location or direction
for the information of drivers or pedestrians.
832. "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.
843. "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.
854. "Vessel sign" means a sign mounted upon a water vessel which may legally
move upon the waters.
865. "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.
876. "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
ATTACHMENT 6
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 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 20 days before a primary, general, or special
ATTACHMENT 6
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.
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.
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;
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 at regional
ATTACHMENT 6
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 that is moving or parked on city
streets whose primary purpose is displaying general advertising;
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.
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 ------------- ------------- -----/----- ---------
ATTACHMENT 6
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 Address Sign Wall 1 per building 6 square feet
per sign.
The minimum
number height shall be: Residential - 4 inches and Nonresidential
- 12 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.
ATTACHMENT 6
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 2 square feet
per residential unit. 10 2 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 20 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.
ATTACHMENT 6
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 in nonresidential zones
Pole Freestanding or mounted on the side of a building
Maximum of 3 flags per nonresidential establishment
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/-----.
No flags with commercial images are allowed in
residential zones.
Flags in residential zones Pole Freestanding or
mounted on the side of a building
Maximum of 2 flags per
occupied dwelling unit.
------------- Flag Pole Height: The
lesser of 35 feet or the height of the tallest
legally permitted structure
existing on the premises/-----.
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),
ATTACHMENT 6
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.
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.
ATTACHMENT 6
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.
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% 15% 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% 15% up to 50% 30% 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 allowed by a sign program, 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. When calculating the permitted number of signs allowed by a modified sign
program, if the calculation results in a fractional sign, then the fractional sign may be rounded up
to the next whole number.
f.e. Sign program design standards shall not apply to noncommercial messages.
g.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.
h.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
ATTACHMENT 6
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;
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.
ATTACHMENT 6
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 is necessary to
ensures that signs are proportionate to and compatible with the number, size, height, scale
and/or orientation of project buildings;
c. The modified minor sign program or modified sign program is necessary to
ensure standards will enhance the visibility of the overall development to pedestrians and
motorists; and
d. The modified minor sign program or modified sign program is necessary to 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.
ATTACHMENT 6
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.
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,
ATTACHMENT 6
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);
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, per City Engineering Standards, 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
ATTACHMENT 6
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.
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.
---------
ATTACHMENT 6
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
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)
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.
ATTACHMENT 6
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 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. 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.
ATTACHMENT 6
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 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.
Wall Buildings less than
50,000 square feet in area: (2 signs per
building maximum) (1 sign per
building elevation street
frontage) Buildings 50,000 -
100,000 square feet in area : (4 3
signs per building maximum)
(2 signs per building elevationstree
t frontage)
Buildings greater than 100,000
square feet in area: (6 4 signs per building maximum)
(2 3 signs per building elevationstree
t frontage)
50 square feet per sign
60 square feet per sign
75 70 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)
ATTACHMENT 6
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 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.
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)
ATTACHMENT 6
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 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
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
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
ATTACHMENT 6
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 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)
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. 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.
ATTACHMENT 6
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 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.
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.
ATTACHMENT 6
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 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.
OS zone, except for uses listed elsewhere in this
table
See Section 21.41.100, Permitted
Temporary Signs
------- ---------- ----/------ ---------- --------
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.
ATTACHMENT 6
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.
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.
ATTACHMENT 6
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.
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.
ATTACHMENT 6
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
Interim
Temporary Sign
1 per
establishment
30 square feet
per sign
------/-------
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.
ATTACHMENT 6
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. 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
ATTACHMENT 6
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 pursuant to California law.
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
ATTACHMENT 6
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.
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 , 2013, and thereafter.
///
///
///
///
///
///
///
///
///
///
///
ATTACHMENT 6
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
ATTACHMENT 7
Page 1 of 10
Council Policy Statement
Category: SIGNS ON 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. The definitions in Chapter 21.41 apply to this policy.
POLICY:
SECTION ONE: PROPRIETARY CAPACITY; CHANGES TO POLICY
In adopting this policy, the City Council acts in its proprietary capacity as to City property. This Policy
Statement may be amended by the City Council.
SECTION TWO: INTENT AS TO PUBLIC FORUM
The City declares its intent that all City property shall not function as a designated public forum, unless
some specific portion of City property 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.
SECTION THREE: SIGNS MUST BE PERMITTED OR EXEMPTED
No "sign," as defined in the sign ordinance (Chapter 21.41), may be displayed on City property, unless a
City Property Sign Permit therefore has first been issued, or the subject sign is expressly exempted from
the City Property Sign Permit requirement by this Policy.
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
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All City Property Sign Permits must be consistent with the policies stated herein. Any sign posted on City
property, 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 without first obtaining a City Property Sign Permit, subject to all of the
following:
1. Each sign 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.
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: CITY PROPERTY SIGN PERMITS; APPLICATION FORMS AND PROCEDURES
The city planner shall prepare and make available to the public a form for Application for a 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. The
application form shall require the applicant to indicate that applicant has received a copy of this Policy,
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 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
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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 expressing the City’s
own message to the public and signs allowable under Section Four and Section Twelve of this Policy.
SECTION SEVEN: PERMITS FOR A-FRAME SIGNS IN THE CARLSBAD VILLAGE REVIEW AREA, BEARING
COMMERCIAL MESSAGES 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,
nonpublic 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 Area only, namely, on the
public sidewalk 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. Glass, breakable materials and illumination 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
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 sidewalk within the 2 feet closest to the curb or edge of the
sidewalk, directly in front of the 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
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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 or parts which move, flash, blink, fluoresce or
use digital display. Fluorescent or "day glow" colors are not allowed. Paper and other 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 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 15 days following notice by the City.
As 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 REVIEW AREA
The commercial A-Frame Signs allowed by this section may be displayed only by the operators
of establishments with ground floor frontage on streets within the Village Review Area, 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 establishment location is allowed a maximum of one A-Frame sign. However,
when an establishment is located within a business arcade or courtyard area, in which case only
one "tenant directory" sign, which lists all of the 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
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signage for the establishment, which is allowed under the Sign Ordinance.
4. TRANSFER OF PERMIT
The Permit attaches to the establishment at the location specified. If the 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 establishment which first obtained the Permit moves to a different
location, or if the location is then taken by a new 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 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
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 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
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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 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
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 be approved by the 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 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 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 city planner.
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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 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
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,
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 NONCOMMERCIAL SIGN PERMIT; APPLICATION FORMS AND PROCEDURES
The procedure for the approval of a temporary 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
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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.
3. TIME PERIOD
The signs allowable under this section may be displayed only during the period of time 20 days
preceding and 10 days following a general, special or primary election. All political and other
noncommercial message signs must be removed from 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.
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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.
8.REMOVAL OF NONCONFORMING SIGNS
Signs which do not conform to this section or any permit issued under this section may be
summarily removed by the City upon discovery of the nonconformance.
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 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 City Property in the public right-of-way for City speech as
approved by resolution of the City Council.
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 throughout within Carlsbad., and Oother
uses, locations or destinations may be allowed to post way-finding signage if as approved by resolution
of the City Council.
2.Way-finding signs are expressly 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;
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City Entries and Neighborhood Entries;
Philanthropic Organizations – Liyons Club, Rotary Club, Kiwanis Club, etc.
3. The following way-finding signs may be allowed if approved by resolution of the City Council:
Tourist Destinations and 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; and as approved by resolution of the City Council.
Way-finding signs designed as archway signs located over major roads within the City.
3.4.The design of the City’s way-finding signs shall either be as approved designed consistent with
Section Eight of this policy as modular information strips on the City’s Kiosk Signs or designed by
the City with a uniform design that includes the City’s logoand produced by the applicant,
subject to the approval of the city.
4.5.Citywide way-finding signs shall be subject to the approval by the city planner, city engineer and
city traffic engineer prior to installation.
5.6.All way-finding signs (excluding those installed by the private contractor on the City’s Kiosk
Signs) shall be installed by the city.
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.
<.
1/111 Commercial/Industrial Zone
Streets Designated for Campaign
Sign Placement in ROW:
"""-" Prime Arterial
............. Major Arterial
~ street iri Commercial/lndustrlal Zone
~CITY OF
CARLSBAD
City of Carlsbad
Policy #65 Campaign Sign Placement
·(Designated Street Right-of-Ways)
11'1
ATIACHMENTA
Council Policy No. 65
KIOSK lOCATIONS
ATTACHMENT 8
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 8
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)
ATTACHMENT 8
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 and does not apply to electronic message boards or digital displays. (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 commercial message. a permanent structure sign in a fixed location which meets any one or more
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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 use of the land.
15. “Building elevation” means the front, rear or side of the external face of a
building. (14) 16. "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) 17. "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) 18. "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) 19. "Canopy sign." See "awning sign."
(18) 20. "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. (19) 21. "Channel lettered signs" means a sign s with individually cut, three dimensional letters or figures affixed to a building or sign structure.
22. “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) 23. "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.
24. “Commercial mascot” means a live person or animal 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 messages.
(21) 25. "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) 26. "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) 27. "Cornerstone" means stone or other wall portion laid at or near the
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foundation of a building and which indicates in permanent markings the year of construction.
Also called “foundation stone”.
(24) 28. “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.
29."Directional sign" means an on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site. (25) 30. "Directory sign" means a sign listing the persons, activities or tenants
located on-site.
(26) 31. "Eaveline" means the bottom of the roof eave or parapet.
(27) "Electronic message board sign" means a sign with a fixed or changing display composed of a series of lights, light emitting diodes (LED) or liquid crystal display (LCD) or functionally similar devices.
(28) 32. "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) 33. "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. 34. “Façade sign” means a sign fastened to the exterior walls of a building exposed to public view. See also “wall sign.”
(30) 35. "Fascia sign" means a sign fastened to or engraved in the band or board at
the edge of a roof overhang.
(31) 36. "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) 37. "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) 38. "Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and pole signs.
(34) 39. "Freeway service station" means a gas/service station located on a
property that is contiguous to a freeway interchange.
(35)(36) 40. "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.
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(37) 41. "Hand held" means those signs or visual communication devices which
are held by or otherwise mounted on human beings or animals.
(38) 42. "Inflatable signs" or "inflatable attention-getting devices" means any
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) 43. "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) 44. "Logo" means a trademark or symbol of an organization, belief system or
concept.
(41) 45. "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) 46. "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) 47. "Master plan" means a plan prepared and adopted pursuant to Chapter
21.38 of this code.
(44) 48. "Mobile billboard" means a vehicle for which the primary use is to the
display of a general advertising message(s). (45) 49. "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.
(46) 50. "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) 51. "Multi-tenant building" means a nonresidential building in which there
exists two or more separate nonresidential tenant spaces, or businesses or establishments.
(48) 52. "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) 53. "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) 54. "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) 55. "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
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define "on-site" in a manner which applies only to that program. The on-site/off-site distinction
applies only to commercial messages.
(52) 56. "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.
(53) 57. "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) 58. "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) 59. "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) 60. "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) 61. "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) 62. "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) 63. "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) 64. "Projecting sign" means a sign which projects more than ten inches from a wall or other vertical surface, generally at about ninety degrees. (61) 65. "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) 66. "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
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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. (64) 67. "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) 68. "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) 69. "Shopping complex" means the same as "commercial center."
(67) 70. "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, 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;
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
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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. 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) 71. "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) 72. "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) 73. "Sign permit" means an entitlement from the city to place or erect a sign.
(71) 74. "Sign program" means a plan that integrates signs for a project with
buildings, circulation and landscaping to form a coordinated architectural statement. (72) 75. "Site development plan" means a plan required pursuant to Chapter 21.06 of this code.
(73) 76. "Specific plan" means a plan prepared and adopted pursuant to Section
65451 of the California Government Code.
(74) 77. "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) 78. "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) 79. "Tall freestanding sign" means a monument or pole sign that is greater
than fourteen feet in height.
(77) 80. "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) 81. "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. (79) 82. "Traffic directional sign" means a sign which indicates place, location or
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direction for the information of drivers or pedestrians.
(80) 83. "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. (81) 84. "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) 85. "Vessel sign" means a sign mounted upon a water vessel which may legally move upon the waters. (83) 86. "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) 87. "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
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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 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 20 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.
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(6) 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.
(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;
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(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 that is moving or parked on city streets 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.
ATTACHMENT 8
14
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
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 12 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 or 3.5 feet
above average grade if in the front yard/--------.
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 2 square feet per residential unit.
16 2 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 4520 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.
ATTACHMENT 8
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 in nonresidential zones with commercial symbols
Pole Freestanding pole or pole mounted on the
side of a building
1 Maximum of 3 flags 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 in residential zones with
noncommercial symbols
Pole Freestanding pole or
pole mounted on the side of a building
No RestrictionMaximum of 2 flags per occupied dwelling unitand 3 Flag Poles per nonresidential establishment.
No Restriction 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 commercial images
are not allowed in residential zones.Maximum 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.
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
ATTACHMENT 8
16
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.
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)
ATTACHMENT 8
17
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
15% 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 15% up to 30% 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 allowed by a sign program, 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. When calculating the permitted number of signs allowed by a modified sign
program, if the calculation results in a fractional sign, then the fractional sign may be rounded up
to the next whole number. e f. Sign program design standards shall not apply to noncommercial messages.
ATTACHMENT 8
18
f g. 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 h. 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.
A. 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.
ATTACHMENT 8
19
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 is necessary to ensure that signs are proportionate to and compatible with the number, size, height, scale and/or
orientation of project buildings;
c. The modified minor sign program or modified sign program is necessary to
ensure the visibility of the overall development to pedestrians and motorists; and d. The modified minor sign program or modified sign program is necessary to 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.
ATTACHMENT 8
20
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.
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
ATTACHMENT 8
21
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,
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
ATTACHMENT 8
22
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, per City Engineering Standards, 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
the sign from vehicles, improve the appearance of the installation and screen light fixtures and
other appurtenances.
(Ord. NS 606 § 1 (part), 2001)
ATTACHMENT 8
23
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)
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.
-----------------
ATTACHMENT 8
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
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.
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.
ATTACHMENT 8
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.
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.
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: 12 signs per building (1 sign per building
elevation)
Buildings 50,000 -100,000 square feet in area :1 per
building or 2 3 signs per building (2 signs per
building elevation) (See Note #5 below)
Buildings greater
than 100,000 square feet in area: 4 signs per
building (2 signs per building elevation)
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
70 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)
ATTACHMENT 8
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
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.
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
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)
ATTACHMENT 8
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
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
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
Gas/Service Stations
Monument
1 per street frontage
30 60 square feet per sign
6 feet above average grade/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.
Wall 1 per street
frontage
30 square feet per
sign
24 inches (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
-----------------
ATTACHMENT 8
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
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.
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.
ATTACHMENT 8
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
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.
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 inchesFreestanding: 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.
OS zone, except for uses listed
elsewhere in this table
See Section 21.41.100,
Permitted Temporary Signs
----------------- ----------------- ----------------- ----------------- -----------------
ATTACHMENT 8
30
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, State Route 78,
Palomar Airport Road or El Camino Real 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.
ATTACHMENT 8
31
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
ATTACHMENT 8
32
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 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 or
Industrial Properties: 35 16 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.
ATTACHMENT 8
33
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 Interim Temporary Sign 1 per establishment 30 square feet per sign ---------------------- 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
ATTACHMENT 8
34
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.
ATTACHMENT 8
35
(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 pursuant to California law 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
ATTACHMENT 8
36
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)
ATTACHMENT 9
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. The definitions in Chapter 21.41 apply to this policy.
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.
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,
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
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
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.
Policy No. 65
Page 3 of 11
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 expressing the City’s
own message to the public and signs allowable under Section Four and Section Twelve 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
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-
Policy No. 65
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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
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,
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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
accordance with the City's directions.
7. INSURANCE AND INDEMNITY
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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
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
Policy No. 65
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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
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
Policy No. 65
Page 8 of 11
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 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 noticefy in the temporary campaign
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 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 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
The signs allowable under this section may be displayed only during the period of time 20 days
preceding and 10 days following a general, special or primary election. All political and other
Policy No. 65
Page 9 of 11
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.
SECTION TEN: SIGNAGE ASSOCIATED WITH SPECIAL EVENTS
Policy No. 65
Page 10 of 11
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 for City speech 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 throughout Carlsbad. Other uses,
locations or destinations may be allowed to post way-finding signage if approved by resolution of the
City Council.
2.Way-finding signs are expressly 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 – Lions Club, Rotary Club, Kiwanis Club, etc.
3.The following way-finding signs may be allowed if approved by resolution of the City Council:
Tourist Destinations ;
Locations or destinations of significant public interest where way-finding signage would
be of public benefit ; and
Way-finding signs designed as archway signs located over major roads within the City.
4.The design of the City’s way-finding signs shall be as approved by the City with a uniform design
that includes the City’s logo.
5.Citywide way-finding signs shall be subject to the approval by the city planner, city engineer and
city traffic engineer prior to installation.
6.All way-finding signs shall be installed by the city.
Policy No. 65
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*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.
<.
1/111 Commercial/Industrial Zone
Streets Designated for Campaign
Sign Placement in ROW:
"""-" Prime Arterial
............. Major Arterial
~ street iri Commercial/lndustrlal Zone
~CITY OF
CARLSBAD
City of Carlsbad
Policy #65 Campaign Sign Placement
·(Designated Street Right-of-Ways)
11'1
ATIACHMENTA
Council Policy No. 65
KIOSK lOCATIONS
(~~CITY OF
¥CARLSBAD
ERRATA SHEET FOR AGENDA ITEM 3
Memorandum
April17, 2013
To:
From:
Via
Re:
Planning Commission
Chris DeCerbo, Principal tR,Ianner 0)
Don Neu, City Planner ~/(
Errata Sheet For Agenda Item 3-ZCA 11·03/LCPA 11-04-Sign Ordinance Amendment
Included below are several revisions proposed to the staff report and Planning Commission Resolutions
No. 6926, 6927 and 6928. The revisions are presented in a strike-out and underline format below.
STAFF REPORT:
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 to address first amendment issues associated with the permitted
regulation of non-commercial signage, (2) provide more flexible sign development
standards, W allow electronic message board signs or Eligital displays at regional
comA'lereial centers (Piai!a Camino Real and Car Country Carlsbad) witl=l a Regional
ComA'tereial General Plan land use designation tl=lat l=lave frontage on a freeway (I 5 or
~and (4~) clarify the ordinance to make it more user friendly.
ATIACHMENTS:
5. Staff Report dated November 21, 2012~ without resolutions (previously distributed as Attachment 1
to above Staff Report and available at http://www.carlsbadca.gov/cityhall/clerk/Pages/dms.aspx)
PLANNING COMMISSION RESOLUTIONS NO. 6926.6927 and 6928
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, .....
W TO :\blOW ELECTRONIC MESSAGE BOARD SIG~lS OR DIGITAL
DISPLAYS ,1\T REGIONAL COMMERCIAL CENTERS (PLAZA CAMINO REAL
AND CAR COUNTRY CARLSBAD) WITH A REGIO~li\L COMMERCIAL
GHlERAL PLAN LAND USE DESIGNATION THAT HAVE FRONTAGE 0~1 A
FREEWAY (I 5 OR SR 78) AND TO (4~) CLARIFY THE ORDINANCE TO
MAKE IT MORE USER FRIENDLY.
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax