HomeMy WebLinkAbout1983-04-13; Planning Commission; Resolution 2101* /I 0 0
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PLANNING COMMISSION RESOLUTION - -.- NO. 2101
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZOP AMENDMENT, AMENDING TITLE 21, CHAPTERS 21.07, 21.08, 21.09, 21.10, 21.12, 21.14, 21.16, 21.18, 21.24, 21# 21.26, 21.28, 21.29, 21.30, 21.32, 21.34, 21.36, 21,
THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECT1
21.07.020 (13), 21.08.010 (9), 21.09.020 (6), 21.10
(lo), 21.12.010 (6), 21.14.010 (5), 21.16.010 (7),
21.18.020 (19), 21.24.010 (5), 21.25.030 (23), 21.21
(28), 21.28-010 (8), 21.29.030 (4), 21.30.010 (27),
21.34.010 (6), 21.36.020 (12), 21.37.020 (5) RESPEC:
AND, TITLE 21, CHAPTER 21.41 IS AMENDED BY THE AMEN1 OF SECTION 21.41.010 AND THE ADDITION OF SECTION 21
TO ESTABLISH A TIME LIMIT FOR REMOVAL OF LEGALLY ERI
BILLBOARDS.
APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-164
WHEREAS, the Planning Commission did, on the 13th dl
April, 1983, hold a duly noticed public hearing as prescribec
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persc
desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hear
the Commission recommends APPROVAL of ZCA-164, accordin
Exhibit "A", dated March 25, 1983, attached hereto and
part hereof, based on the following findings:
Findings:
1) That billboards are an inappropriate form of advertisin Carlsbad.
2) That this ordinance will allow for the removal of billb
in a manner which will avoid payment to the billboard o
3) That this ordinance will bring the Carlsbad Sign Ordina into conformity with State and Federal law. II
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4) That this amendment will not cause any significant environmental impacts and a Negative Declaration has b issued by the Land Use Planning Manager on March 25, 1
approved by the Planning Commission on April 13, 1983.
PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, he
the 13th of April, 1983, by the following vote, to wit:
AYES : Chairman Schlehuber , Carrnnissioners Marcus, mmbt
NOES : None.
ABSENT : Conanissioner Jose.
Farrow, Friestedt and Rawlins .
ABSTAIN : None. PL- @
CLARENCE SCHLEH ER, Chz
CARLSBAD PLANNING COMMIS 11 ATTEST :
PC RES0 NO. 2101 .2
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e ' &HIBIT "A"
' 'MARcH*'25, 1983
ORDINANCE NO. 9674
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE EY THE AMENDMENT OF
PROVISIONS OF THE CARSLBAD ZONING ORDINANCE
PERTAINING TO REGULATION OF SIGNS INTO
CONSISTENCY WITH CHAPTER 494 OF THE CALIFORNIA
STATUTES OF 1982.
VARIOUS CHAPTERS. AND SECTIONS TO BRING THE
The City Council of the City of Carlsbad, Californi'
does ordain as follows:
SECTION 1: This ordinance is a continuation of the
efforts of the City of Carlsbad to regulate and eliminate ce
signs and structures in the City in a manner which is consis
-.
with the provisions. 'of state and federal law. The City Coun
therefore, determines that the facts, findings and conclusio
made by the City Council when it adopted Ordinance No. 9608
are still true and the City Council hereby reaffirms the fac
findings and conclusions-contained in Sections 1 and 2 of
of Ordinance No. 9608.
SECTION 2: That Title 21, Chapters 21.07, 21.08,
21.09, 21.10, 21.12, 21.14, 21.16, 21.18, 21.24, 21.25, 21.2
21.28, 21.29, 21.30, 21.32, 21.34, 21.36, 21.37, of the
Carlsbad Municipal Code are amended by the addition of-Secti
21.07.020 (13), 21.08.010 (9), 21.09.020 (6), 21.10.010 (10)
21.12.010 (6), 21.14.010 (5), 21.16.010 (7), 21.18.020 (19),
21.24.010 (5), 21.25.030 (23), 21.26.010 (28), 21.28.010 (8)
21.29.030 (4), 21.30.010 (27), 21.34.010 (6), 21.36.020 (12)
21.37.020 (5) respectively, all of which additional subsecti
shall read as follows:
"Signs subject to the provisions of Chapter 21.41."
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SECTION 3: That Title 21, Chapter 21.41 of the
Carlsbad Municipal Code is amended by the amendment of Sectic
21.41.010 to read as follows:
21.41.010 Application - Violation.
(a) The provisions of this chapter shall apply
(b) It is unlawful for any person, firm, or
generally to all zones established by this title.
corporation to erect; construct, enlarge, alter, repair, mov
improve, remove, convert, demolish, equip, use or maintain a
signwithin the City, or cause or permit the.same to be done
contrary to or in violation of any of the provisions of this
chapter. . Any person, firm, or corporation violating any of
provisions of this chapter shall be punished according to th
provisions of Chapter 1.08 =>f the Code. And each such perso firm, or corporation is guilty of a separate offense for eac and every day.or-portion thereof during which any violation any of the provisions of this chapter is committed, continue
permitted. In addition, any sign maintained, used or permit
contrary to the provisions of this chapter shall constitute
public nuisance.
SECTION 4.: That Chapter 21.41 sha1l'"be amended by
addition of Section 21.41.084 to read as follows:
21.41.084 Special Provisions for Certain Off Premi
(a) This section is adopted pursuant to the provis Advertisinu Displays.
of Chapter 494 of California Statutes of 1982.
(b) This section shall apply to all off-premise
advertising displays which were lawfully erected prior to
November 6, 1978 in compliance with state laws and local ordinances in effect when the displays were erected or to an display lawfully erected after November 6, 1978 provided tha display has been maintained in full compliance with the law
ordinance which permitted its erection. Any sign which was
lawfully erected after November 6, 1978 and which has become
illegal pursuant to the law under which it was erected may b removed pursuant to khe provisions of.this code for the rem0 of any other illegal sign. (c) The City Manager shall give notice to the owne
owners of any advertising displays subject to the provisions this section and located on land shown on the general plan a residential or agricultural, and to the owner or owners of t land on which this display is located, that such display sha removed after the expiration of the time period established
according to this section. (a) Off-premise advertising displays shall be remc upon expiration of the period of years after notice to remov
been given, established in the following schedule:
2.
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FAIR MARKET VALUE ON DATE YEARS ALLOW OF NOTICE TO REMOVE BEFORE REKO
Under $1,999 2
$2,000 - 3,999 3
$4,000 - 5,999 4
$6,000 - 7,999 5
$8,000 - 9,999 6
$10,000 and over F 7
(e) The fair market value on the date of the noti
remove shall be established by the Director of Building and
Planning and shall be included by the City Manager in the no to remove.
(f) The owner of the sign or the property upon wh it is located may appeal the determination of the fair marke
value on the date of the notice to remove to the City Counci
writing within thirty days after the date that the notice by City Manager is mailed. An appeal to the City Council shall affect the date of the notice to remove for the purposes of
calculating the time for removal.
EFFECTIVE DATE: This Ordinance shall be effective
thirty days after its adoption and the City Clerk shall cert
to the adoption of this ordinance and cause it to be publish
at least once in the Carlsbad Journal within fifteen days af
its adoption.
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INTRODUCEb AND FIRST READ at a regular meeting of t
I Carlsbad City Council held on the day of
19 , and thereafter
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PASSED AND ADOPTED at a regular meeting of said Cit;
Council held on the day of 1983 1
the following vote, to wit:
AYES :
NOES :
ABSENT:
MARY H. CASLER, Mayor
ATTEST :
.-
ALETHA L. RAUTENKRANZ, CITY CLERK
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