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HomeMy WebLinkAbout1981-01-28; Planning Commission; Resolution 1753'T ' m 0 I. II PLANNING COMMISSION RESOLUTION NO. 1753 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.41, SECTION 21.41.100 OF THE CARLSBAD MUNICIPAL CODE, TO ALLOW ADVERTISING ON BUS SHELTER STRUCTURES. APPLICANT: CITY OF CARLSBAD CASE NO: Z CA"13 1 6 7 WHEREAS, the Planning Commission did, on the 28th day of January, 1981, hold a duly noticed public hearing as prescribe *//by law to consider said request; and 9 10 11 12 13 14 15 16 WHEREAS, at said puhlic hearing, upon hearing and conside all testimony and arguments, if any, of all persons desiring t heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearir 17 the Commission DENIES " ZCA-131, based on the following fir 18 19 1 Findings: 11) That advertising on bus shelters will detrimentally affec 2o I the public's health and welfare and will create adverse visual impacts on the community. 21 2) Climatic conditions in Carlsbad do not warrant allowing bus shelters with advertising. 22 //// 23 //// // 24 //// // 25 11 I/// 26 //// 27 //// ' , '- ' II e e 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 3 4 5 6 7 Planning Commission of the City of Carlsbad, California, held the 28th day of January, 1981, by the following vote, to wit: AYES: MARCUS, ROMBOTIS, LARSON, LEEDS, JOSE, FRIESTEDT, NOES : NONE ABSENT : NONE ABSTAIN : NONE L ' HEUREUX 8 9 ] CARLSB LANNING COMMISS: 10 11 12 ATTEST: .I" "7 ,-J7 13 '' +' 14 J&% i'z ".' ? -;, ,. a"". A$/ :' . .. ..if , &>,&A C~RLSBAD PLANNING -, CPMMISSION ./ .. - I/ j.,/ "1 16 17 18 19 I 20 21 22 23 24 25 26 27 28 PC II mso #1753 -2- '4' * @ JANUARY 28, 1981 EXHIBIT "A" I. // ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.41, SECTION 21.41..100 (BENCH ADVERTISING) OF THE CARLSBAD MUNICIPAL CODE TO ALLOW ADVERTISING ON BUS SHELTERS. 5 11 The City Council of the City of Carlsbad, California, doe 6 ordain as follows: ll 7 SECTION 1: That Title 21, Chapter 21.41.100 of the Carls 8 Municipal Code is amended to read as follows: 9 21.41.100 Conditions for bench and bus shelter Advertisi Anything contained in this chapter to the contrary notwithstan 10 11 on them may be conditionally allowed by the Planning Commissic the placement of benches and bus shelters with advertising mes such conditions as are imposed by the Planning Commission or C 12 the placement of such benches and bus shelters shall be subjec and in the event of a dispute, by the City Council. Permits f in their sole discretion, and in every case shall be subject t 13 following conditions and restrictions: (1) The permit shall allow the placement of such a bench 14 bus shelter in one specific place within the city and no other (2) The permittee shall furnish proof that the city is 15 named as an additional insured on a policy of liability insura in the amount of not less than ten thousand dollars covering 16 liability arising in connection with such bench, benches or by shelters unless some other agreement is entered into acceptabl 17 the City Council; (3) Either the Planning Commission or City Council may d 18 the immediate removal of such bench, benches or bus shelters E time, in its sole discretion, without liability to the permitt failure of permittee to immediately remove, the city may itsel 20 remove the benches a bus shelter in question, without liabilit 21 to the permittee; (5) A permit fee of five dollars per bench or bus shelte per year permitted shall be paid to the city in addition to ar 22 fees required pursuant to any contract entered into between tl. permittee and the City Council. 23 24 25 26 27 19 I (4) In the event of such a demand for removal and the EFFECTIVE DATE: This Ordinance shall be effective thirtl after its adoption, and the City Clerk shall certify to the adoption of this Ordinance and cause it to be published at lei once in the Carlsbad Journal within fifteen days after its adc INTRODUCED AND FIRST READ at a regular meeting of the Cal 28 I I I. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I I 11 l~ :~ ~ I l e * City Council held on the day of , 1981, by the following vote, to wit: AYES: NOES : ABSENT : RONALD C. PACKARD, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk (SEAL) I I ~ ~ I i , I I I I .2