HomeMy WebLinkAbout1994-02-02; Planning Commission; Resolution 3500II
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PLANNING COMMTSSION RESOLUTION NO. 3500
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 CAMPAIGN
SIGNS.
CASE NAME: CAMPAIGN SIGNS
CASE NO: ZCA 92-08
7 WHEREAS, the Planning Commission did on the 3rd day of March, 1993, the
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hearing as prescribed by law to consider said request; and 9
7th day of April, 1993, and on the 2nd day of February, 1994 held a duly noticed public
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WHEREAS, at said public hearings, upon hearing and considering all
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testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to the Zone Code Amendment.
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14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
18 recommends APPROVAL of ZCA 92-08, according to Exhibit "IC', dated February 2,
1994, attached hereto and made a part hereof, based on the following findings:
19 1 2011 Findinas:
21 l- The proposed Zone Code Amendment is consistent with the goals and objectives of
the Land Use and Circulation Elements of Carkbad's General Plan.
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21.41.110 throu& 21.41.160 of the Carlsbad Municipal Code.
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2. The proposed Zone Code Amendment is consistent with the intent of sections
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II 0 0 II /I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin;
1 I/ Commission of the City of Carlsbad, California, held on the 2nd day of February, 1994, b 2
3 I1 the following vote, to wit:
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AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Nobk
Welshons, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
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ATTEST:
MICHAEL J. HMMIL~R
Planning Director
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PC RESO NO. 3500 -2-
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NEW: EXHIBIT rlX1r
FEBRUARY 2, 1994
ORDINANCE NO.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER
21.41 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTIONS 21.41.110 THROUGH
21.41.160 TO ALLOW AND REGULATE TEMPORARY
CAMPAIGN SIGNS.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That Title 21, Chapter 21.41 of the Carlsbad
Municipal Code is amended by the amendment of section 21.41.110 to
read as follows:
"21.41.110 Temporary campaiqn siqns--Purpose and intent
of provisions.
It is the purpose and intent of sections 21.41.120
through 21.41.160 to provide an additional opportunity for
political expression by allowing the placement of temporary
campaign signs in addition to the signage allowed by the other
provisions of this chapter, but to permit such uses subject to
regulations which will assure that the temporary signs will be
located, constructed and removed in a manner which will assure the
public safety and general welfare and avoid the creation of a
public nuisance caused by the proliferation of temporary signs
which would be offensive to the senses and interfere with the
comfort and enjoyment of life or property."
20 SECTION 2 : That Title 21, Chapter 21.41 of the Carlsbad
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"21.41.120 Temporary campaiqn siqns--Permitted when-- 23
read as follows: 22
Municipal Code is amended by the amendment of section 21.41.120 to
Notwithstanding any other provisions of this chapter,
25 temporary campaign signs are permitted in any zone listed in the city subject to the regulations set forth in Sections 21.41.130
26 through 21.41.160.11
Requlations qenerally.
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SECTION 3: That Title 21, Chapter 21.41 of the Carlsbac
Municipal Code is amended by the amendment of section 21.41.130 tc
read as follows:
1@21.41.130 Temporary Campaian sians--Size reaulations- Residential zone resulations.
No temporary campaign signs shall be located in any zonl in the city unless they shall conform to the followin1 regulations:
(a) No sign shall exceed the size limit established b] this section for the zone in which it is located:
(1) Any residentially zoned property including but no1 limited to R-1, R-2, R-3, R-P, R-T, RMHP and R-DM--six square feet .
(2) Any commercially or industrially zoned propert] except R-P--sixteen square feet,
(3) Notwithstanding subparagraph (1) or (2) , no sigl located in the public right-of-way shall exceed six square feet, (b) Double faced signs as defined in this chapter may be permitted. (c) Signs on private property must be posted at leas1 five feet from the front property line; provided further, that il the case of corner lots, such signs must be placed at least five feet from the property lines of the intersecting streets, and the signs shall be located at least five feet from side property lines. (d) No sign shall exceed three and one-half feet ir height in the front setback area. No signs shall exceed six feet in height in any area unless the sign is attached flush to anp building. The measurement shall be taken from the ground level tc the top of the sign. In no event shall a sign exceed the height of the building to which it is attached. (e) The total area of all temporary campaign signs on 2 single lot or parcel of property shall not exceed the limits established by subsections (a) (1) and (a) (2) .I1
SECTION 4: That Title 21, Chapter 21.41 of the Carlsbac
Municipal Code is amended by the amendment of section 21.41.140 tc
read as follows: ~
@121.41.140 Temorarv camaian sisns in public riaht of way.
Notwithstanding any other provision of this code, a temporary campaign sign may be placed in the public right-of-way
~ adjacent to a public street in commercially or industrially zoned
~ areas or along prime or major arterials in residentially zoned areas subject to the following restrictions:
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(a) No sign shall be attached to any utility pole, bus bench, pole or structure supporting a traffic control sign or device, or hydrant.
(b) No sign shall be placed on any tree or shrub by any nail, tack, spike or other method which will cause physical ham to the tree or shrub. (c) No sign shall be placed in such a manner as to obstruct the public use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a hazard to persons using the public road right-of-way.
(d) No sign shall be placed in the roadway or on the sidewalk. (e) No sign shall be placed in that portion of the public right-of-way or easement past the sidewalk without the consent of the adjoining property owner or person in possession if different than the owner. I)
SECTION 5: That Title 21, Chapter 21.41 of the Carlsbad
Municipal Code is amended by the amendment of section 21.41.150 tc
read as follows:
1121.41.150 TemDoraw campaisn sisns--Time limit for postins and removal.
Temporary campaign signs may be posted not more than thirty days prior to the date of an election and shall be removed within ten days immediately thereafter. It
SECTION 6: That Title 21, Chapter 21.41 of the Carlsbad
Municipal Code is amended by the amendment of section 21.41.160 tc
read as follows:
1121.41.160 Temporary campaian sians--Sian permit reuuired-Scope-Removal authorized when.
The procedure for the approval of temporary campaigr signs is as follows: (a) The zoning enforcement officer shall notify the
following of the temporary campaign sign requirements as provided herein:
(1) Local election:
(A) Candidates for local or county office: (B) Chairmen of campaign committees for or against an1
(2) State or national office:
(A) Candidates for state or national office and/or theil local campaign committee chairmen:
(B) State chairmen and/or local chairmen of campaigr committees for or against any measure appearing on the ballot fo~ statewide election.
measure appearing on the ballot for a local or county election:
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(b) Prior to the posting of any temporary campaiql
signs, the candidate, the chairman of a campaign committee or an]
other person designated by the candidate or chairman who ir
responsible for the posting of said sign, shall obtain a temporar] campaign sign permit. The permit, on a form prescribed by thc director of building and planning, shall include the name, addres! and phone number of the candidate or campaign chairman and an: person responsible for the posting of signs. The permit shall bc
signed by the candidate, chairman or person responsible for thc
posting of the signs. (c) A fee set by city council resolution shall be paic
at the time the application for the permit is made. The fee shal.
be used to defray the cost of issuing the permit and administerinc
Sections 21.41.110 through 21.41.160, (d) A deposit of two hundred dollars shall be paid a the time the permit is issued. This deposit shall be refunded tc the permittee within five days after the removal of thl permittee's temporary campaign sign or signs, If the permittel
does not remove the signs as required by Section 21.41.150 anc this section, the signs may be removed by the director of buildinc and planning after giving the notice specified in subsection (e)
The deposit may be used to defray the cost of removal. Thc
director of building and planning may also charge any expens
incurred hereunder to the permittee after complying with thi
provisions of Sections 18.20.080(c) of this code. Any candidat1
or campaign committee which is able to show financial inability tl
pay the deposit required by this subsection may request a waive: from the city council. (e) The director of building and planning is hereb:
authorized, after giving two days written notice to the person o persons who signed the sign permit, to remove any temporar campaign signs that do not conform to the standards herei. provided. If the owner or occupant of the property on which th, sign is located is present, the zoning enforcement officer shal
inform him of the intention to remove the sign and the possibilit
of the charges for removal of the sign. The cost of such remova
may be charged to the permittee as provided in Sectio
18.20.080(c) of this code.
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EFFECTIVE DATE: This ordinance shall be effective thirt]
days after its adoption, and the city clerk shall certify to thc
adoption of this ordinance and cause it to be published at leas1
once in the Carlsbad Sun within fifteen days after its adoption
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INTRODUCED AND FIRST READ at a regular meeting of thl
Carlsbad City Council held on the day of
, 1994, and thereafter
PASSED AND ADOPTED at a regular meeting of said Cit!
Council of the City of Carlsbad, on the day of
, 1994, by the following vote, to wit:
AYES :
NOES :
ABSENT :
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14 11 RONALD R. BALL, City Attorney
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17 11 CLAUDE A. LEWIS, Mayor
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ATTEST:
22 11 ALETHA L. RAUTENKRANZ, City Clerk
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EXHIBIT "AI1
FEBURARY 2, 1994
EXHIBIT BBABt
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(b) Double faced signs as defined in this chapter may be permitted. (c) Signs on private property must be posted at least five feet from the front property line: provided further, that in the case of corner lots, such signs must be placed at least five feet from the property lines of the intersecting streets, and the signs shall be located at least five feet from side property lines. (a) No sign shall exceed three and one-half feet in height
in the front setback area. No signs shall exceed six feet in height in any area unless the sign is attached flush to any building. The measurement shall be taken from the ground level to the top of the sign. In no event shall a sign exceed the height of the building to which it is attached.
(e) The total area of all pe1lt1zS .. F~~~~~.~~~ $$j@@gyfi signs on a single lot or parcel of property s~a~~:.:.:.no~excee~:.~~~e ...........
limits established by subsections (a) (1) and (a) (2) .Iw
.................................................................... 1121.41.140 - campaiqn siqns in public riqht of way. ,.>,.:.;.,.:.:.;.:.: ....... ............................ .........
Notwithstanding any other provision of this code, a $,@&p&jgagy .:.:.:.:.:....:.;s ............ ..... :.:.:.:.:.::?$:.:.:.:.:.:.:.:. ..+: campaign sign may be placed in the public right-of-way adlacent.. to a public street in commercially or industrially zoned areas or along prime or major arterials in residentially zoned areas subject to the following restrictions: (a) No sign shall be attached to any utility pole, bus bench, pole or structure supporting a traffic control sign or
device, or hydrant. (b) No sign shall be placed on any tree or shrub by any nail, tack, spike or other method which will cause physical harm to the tree or shrub. (c) No sign shall be placed in such a manner as to obstruct the public use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a hazard to persons using the public road right-of-way. (d) No sign shall be placed in the roadway or on the sidewalk. (e) No sign shall be placed in that portion of the public right-of-way or easement past the sidewalk without the consent of the adjoining property owner or person in possession if different than the owner.11
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......... 1821.41.150 :ye- campaiqn siqns--Time limit for Dostinq ...........................................................
......................................... ........... >>>..>..:...:.: ....... : and removal.
................................................... %e%pG~$&q ..... campaign signs may be posted not more than thirty
days prior to the date of an election and shall be removed within ten days immediately thereafter.Il
:.:.:!:~:~:i:,:.~:::~:.:.:l:. !..
................................... Il21.41,160 ~&&@~&~ campaiqn siqns--Siqn Demit rewired" sco e"Removal author~ze~ ,:.:,) ~ ................................... when, 13
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2:s.s ...... ............................. ....... :. The procedure for the approval of bx~pC%g$- campaign signs
is as follows: (a) The zoning enforcement officer shall notify the ............................... ....................... ,........ ...... .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.>:.>:.:.'..... ..... following of the pe?.~.t~ea& as provided herein:
I. k@#p#gq ig~npgg:g@ sign requirements :c.m ..... :.:.:.:.:.-x.: ..... :.:.:.:.:.- ..... ~.~.~.~.~.~~.:.:.:,:~
(1) Local election:
(A) Candidates for local or county office;
(B) Chairmen of campaign committees for or against any
measure appearing on the ballot for a local or county election;
(2) State or national office: (A) Candidates for state or national office and/or their
local campaign committee chairmen: (B) State chairmen and/or local chairmen of campaign
committees for or against any measure appearing on the ballot
for statewide election. (b) Prior to the posting of any k&g~&!gq campaign signs,
the candidate, the chairman of a campalgn commlttee or any other
person designated by the candidate or chairman who is
responsible for the posting of said sign, shall obtain a
prescribed by the director of building and planning, shall
include the name, address and phone number of the candidate or
campaign chairman and any person responsible for the posting of
signs. The permit shall be signed by the candidate, chairman or
person responsible for the posting of the signs.
(c) A fee set by city council resolution shall be paid at
the time the application for the permit is made. The fee shall
be used to defray the cost of issuing the permit and
administering Sections 21.41.110 through 21.41.160.
(d) A deposit of two hundred dollars shall be paid at the
time the permit is issued. This deposit shall be refunded to
the permittee within five days after the removal of the
permittee's t@@pogg@ campaign sign or signs. If the permittee
this section, the signs may be removed by the direccor of
building and planning after giving the notice specified in
subsection (e). The deposit may be used to defray the cost of
removal. The director of building and planning may also charge
any expense incurred hereunder to the permittee after complying
with the provisions of Sections 18.20.080(c) of this code. Any
candidate or campaign committee which is able to show financial
inability to pay the deposit required by this subsection may request a waiver from the city council. (e) The director of building and planning is hereby
authorized, after giving two days written notice to the person or persons who signed the sign permit, to remove any kggpazary campaign signs that do not conform to the standards herem
provided. If the owner or occupant of the property on which the
sign is located &R @ present, the zoning enforcement officer
shall inform him of::wehe intention to remove the sign and the
possibility of the charges for removal of the sign. The cost of
such removal may be charged to the permittee as provided in Section 18.20.080(c) of this c0de.I'
(Deletions are lined out and additions are highlighted.)
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... ~:.:.:.: :.:.:.:.:.:.::~:~: ~.~.~~....
............................................................. t@v@@&q ............ ........... campaign sign permit. The permit, on a form ........................ ..:.:.:*:::~:::::;:~:* ..... :.
....................................................... .>:.:.~~ does not rem.ove:.Ehes:.igns ........... as required by Section 21. 41. l&go and
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..................... .... :.m:m.w: ..... :.
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