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Home My WebLink About2009-06-23; City Council; Resolution 2009-162Vr 10 1 CITYCOUNCIL RESOLUTION NO. 2009-162 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO CITY COUNCIL POLICY NO. 65 - SIGNS ON PUBLIC PROPERTY TO 4 MAKE MINOR HEADING AND/OR LANGUAGE MODIFICATIONS AND/OR ADDITIONS TO SAID POLICY TO ADDRESS EXPIRATION 5 OF THE VILLAGE REDEVELOPMENT PLAN. 6 CASE NAME: AMENDMENTS TO CITY COUNCIL POLICY NO. 65 7 WHEREAS, on October 23, 2001, the City Council adopted a policy to address issues related to signs on public property; and8 WHEREAS, the Carlsbad Redevelopment Agency has requested that the City Council consider amendments to City Council Policy No. 65 to make minor text revisions to address expiration of the i Q Village Redevelopment Plan and to ensure consistency with the Village Master Plan and Design Manual, as revised; and WHEREAS, the Design Review Board did on the 27th day of April hold a duly noticed public 12 hearing to consider said request and recommended approval of the proposed revisions to City Council Policy No. 65 - Signs on Public Property; and 13 WHEREAS, the City Council did on the date of this resolution hold a duly noticed public 14 hearing to consider said request from the Carlsbad Redevelopment Agency and the recommendation of the Design Review Board; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by staff, and considering any written comments received, the City Council considered all factors relating to City Council Policy No. 65 Amendment. 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 19 California as follows: 20 a) That the foregoing recitations are true and correct. 21 b) That based on the evidence presented at the public hearing and set forth in the Design Review Board Staff Report dated April 27, 2009, the Council hereby APPROVES the 22 amendments to City Council Policy No. 65 - Signs on Public Property, as set forth in the attached legislative draft. Z*3 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council of the City of Carlsbad and the Housing and Redevelopment Commission of the City of Carlsbad on the 23rd day of June 2009, by the following vote to wit: AYES: NOES: ABSENT: Council Members Lewis, Kulchin, Hall, Packard, Blackburn None None LORRAINE W\A/QiDD,<5Jty Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) ( o - CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. Date of Issue: Effective Date Cancellation Date Supersedes No. Page 2 of 9 65 65, dated 7/22/03 General Subject: Signs on Public Property Specific Subject: Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File SECTION FIVE: PUBLIC PROPERTY SIGN PERMITS; APPLICATION FORMS AND PROCEDURES The Community Development Director shall prepare and make available to the public a form for Application for a Public 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 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 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. 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; signs allowable under Section Four of this Policy. SECTION SEVEN: PERMITS FORA-FRAME SIGNS IN CARLSBAD VILLAGE REDEVELOPMENT REVIEW AREA. BEARING COMMERCIAL MESSAGES ONLY 1.INTENT AS TO PUBLIC FORUM The areas and times controlled by this section are designated to constitute a limited access, non public forum which is strictly limited to 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 area only, namely, on the public sideway directly In front of the store or other establishment displaying the sign. CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. Date Issue Effective Date Cancellation Date Supersedes No. Page 4 of 9 65 65, dated 7/22/03 General Subject: Signs on Public Property Specific Subject: Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File 3. WHO MAY DISPLAY AN A-FRAME SIGN IN THE VILLAGE REDEVELOPMENT REVIEW AREA The 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 Redevelopment' Zone, who hold a currently valid City business license, who ate 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. Each eligible business location is allowed a maximum of one A-Frame sign. However, when a business is located within a business arcade or courtyard area, In which case only one "tenant directory" sign, which lists all of the businesses 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, which is allowed under the Sign Ordinance. 4. TRANSFER OF PERMIT The Permit attaches to the business at the location specified. If the business 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 which first obtained the Permit moves to a different location, or if the location is then taken by a new business, 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, 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