HomeMy WebLinkAbout1993-05-05; Planning Commission; Resolution 3508.a >
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PLANNING COMMTSSION RESOLUTION NO. 3508
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, BY THE
AMENDMENT OF CHAPTER 21.41 REGARDING OFFSITE
REAL ESTATE SIGNS.
CASE NAME: OFFSITE REAL ESTATE SIGN AMENDMENT
CASE NO: ZCA 93-02
WHEREAS, the Planning Commission did on the 21st day of April, 1993, am
on the 5th day of May, 1993, hold a duly noticed public hearing as prescribed by law tc
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimonj
and arguments, if any, of all persons desiring to be 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 foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of ZCA 93-02, according to Exhibit "X', dated May 5,1993,
attached hereto and made a part hereof, based on the following findings:
Findinps:
1. The proposed Zone Code Amendment is consistent with guidelines of the Land Use,
Public Safety, Scenic Highways, and circulation Elements of the General Plan
2. The proposed Zone Code Amendment is consistent with the Citfs Local Coastal
program.
3. The proposed Zone Code Amendment is consistent with the recent amendments to
Section 713 of the California Civil Code and Section 5272 of the California Business
and Professions Code relating to real property for sale signs.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
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Commission of the City of Carlsbad, California, held on the 5th day of May, 1993, by th
following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Schramn 5 Welshons, Hall, Savary & Erwin.
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NOES: None.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
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Planning Director
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PC RES0 NO. 3508
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PC RES0 NO. 3508 -2-
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e 0 EXHIBIT "X" MAY 5, 1993
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE REGARDING REGULATION OF SIGNS.
WHEREAS, the State of California has amended Section 527;
of the Business and Professions Code and Section 713 of the Civil
Code; and
WHEREAS, the City of Carlsbad desires and intends tc
adopt and comply with said amendments, and
NOW, THEREFORE, the City Council of the City of Carlsbad,
California does hereby ordain as follows:
SECTION I: That Title 21, Chapter 21.41.050 of the
Carlsbad Municipal Code is amended to read as follows:
1121.41.050 Prohibited sians. No sign with any one 01 more of the following characteristics shall be allowed within th6 City and no permit, therefore, shall be issued except as stated ir this chapter:
(1) Signs which move in a controlled or free-stylc manner, shimmer or blink, flash, or involve a change of tone 01 hue ;
(2) Pennants, banners, streamers, whirligigs or similaz
attention getting devices except that such devices may bc conditionally permitted for a maximum period of 30 days upon priol written approval of the City Manager, and in the event of disputc by the City Council, for the grand opening or special event of E commercial use or for events of a civic, political, or recreational nature, In the event such conditional permission is granted tc
erect such a device, all provisions of this chapter shall apply;
(3) Signs, the message of which is anything other thar the advertising of the following information regarding the lot or which the sign is located: (A) Identification of a building located thereon, (B) Identification of the owner or occupant
(C) Identification of activities thereon, (D) Identification of goods or services offerec thereon,
(E) Information that the property is for sale,
lease, exchange or rental by the .owner or his or her agent, directions to the property, the owner's or agent 's name, and thc owner's or agent's address and telephone number,
thereof,
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(F) Non-commercial messages by the owner or occupant of the property:
(4) Signs with exterior light sources which are not shielded so as to reflect all light directly upon the sign:
(5) Lighted signs which, by reason of brilliance, reflected light, or otherwise, are injurious to the health, safetb or welfare of the surrounding neighborhood."
SECTION 11: That Title 21 , Chapter 21.41.070 is amendec
by the amendment of subsection 21.41.070(4) (E) to read as follows:
6' "(E) Nothing in this chapter shall prohibit an! 7 property owner or his or her authorized agent from displaying off-
site real estate signs within the City advertising the following:
8 (1) That the property is for sale, lease, exchange or rental by the owner or his or her agent:
9 (2) Directions to the property: (3) The owner's or agent's name:
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All off-site real estate signs must comply with tht 11
(4) The owner's or agent's address an( telephone number.
following conditions regulating the location, design an(
12 dimensions: the sign must be placed in plain view of the public, but in no case may the sign be placed in any private or public
13 right of way, nor shall the location of such sign cause any public
the owner of the property must consent to the displaying of a rea: 14
safety hazards, traffic hazards or significant visual impacts, an(
zone of the advertised lot or the zone of the lot on which the sig: not exceed the maximum real estate sign area allowed for either thc 15
estate sign on the property. The maximum area of the sign shal:
16 is located, whichever is less."
17 EFFECTIVE DATE: This ordinance shall be effective thirt:
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once in the Carlsbad Sun within fifteen days after its adoption. 20
adoption of this ordinance and cause it to be published at leas, 19
days after its adoption, and the city clerk shall certify to thl
21 INTRODUCED AND FIRST READ at a regular meeting of th
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thereafter 23
Carlsbad City Council on the day of , 1993, an
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PASSED AND ADOPTED at a regular meeting of the City Council o
the City of Carlsbad on the day of , 1993, by th
following vote, to wit:
AYES :
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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