Loading...
HomeMy WebLinkAbout1983-04-13; Planning Commission; Resolution 2101* /I 0 0 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 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 // 0 0 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 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 " -*; 3 2 3 4 5 6. 7 8 9 10 11 12 n 2 3 gj 13 &s 14 &% 8 z Ea no '2 u:. 3a +>wu zwgd 316 go v) g:zs =-s d 17 ir s oc>9 mZiQz 15 is 18 19 20 21 22 23 24 25 26 27 28 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." /// I .*" 0 m. 1 -2 3 4 5 6 7 8 9 10 11 12 s Y Q 13 a2 8 &s 14 ygg ~CS?? 15 u:. Sa zu8d 16 I-). wu "022 zo Y 17 .(. . .. . 0 0-I >5 2 >-o k u 18 19 20 ' 21 22 23 I 24 25 26 27 28 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. ' w- 0 @. Q 203 li:g K% 8 lu,: E82g z ,.?:E u:. fa +>U" zW8d z$sls %$ 0-I ?E 2 b 0 1 2 3 4 5 6 7 8 9 10 13. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 $10,000 and over F 7 (e) The fair market value on the date of the noti remove shall be established by the Director of Building and Planning and shall be included by the City Manager in the no to remove. (f) The owner of the sign or the property upon wh it is located may appeal the determination of the fair marke value on the date of the notice to remove to the City Counci writing within thirty days after the date that the notice by City Manager is mailed. An appeal to the City Council shall affect the date of the notice to remove for the purposes of calculating the time for removal. EFFECTIVE DATE: This Ordinance shall be effective thirty days after its adoption and the City Clerk shall cert to the adoption of this ordinance and cause it to be publish at least once in the Carlsbad Journal within fifteen days af its adoption. ~ '. INTRODUCEb AND FIRST READ at a regular meeting of t I Carlsbad City Council held on the day of 19 , and thereafter ~ /// /// /// I /// /// - 5. 2 D La fI:g E2 o) du. w P z zg u: * =$ $kg6 U": E'mQ ZQ y >.u t .a N 0032 - ox a;;: > 4 2 u 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 6 .. 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 - 4. ~