HomeMy WebLinkAbout2013-04-17; Planning Commission; Resolution 6927
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO REPEAL
AND REENACT THE CITY’S SIGN ORDINANCE (CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE) TO: (1) PROVIDE MORE FLEXIBLE SIGN DEVELOPMENT
STANDARDS, (2) INCORPORATE REVISIONS TO ADDRESS
FIRST AMENDMENT ISSUES ASSOCIATED WITH THE
PERMITTED REGULATION OF NON-COMMERCIAL SIGNAGE, AND TO (3) CLARIFY THE ORDINANCE TO MAKE IT MORE USER FRIENDLY.
CASE NAME: SIGN ORDINANCE AMENDMENT
CASE NO.: ZCA 11-03
WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal
Code, the City of Carlsbad has prepared an amendment to Title 21 of the Municipal Code
relating to standards of the Sign Ordinance (CMC 21.41); and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X,” dated April 17, 2013, and attached hereto SIGN ORDINANCE
AMENDMENT – ZCA 11-03; and
WHEREAS, the Planning Commission did on November 21, 2012 and April 17,
2013, hold duly noticed public hearings as prescribed by law to consider said request; and
WHEREAS, at said public hearings, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
staff, and considering any written comments received, the Planning 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 Planning Commission hereby RECOMMENDS APPROVAL of SIGN ORDINANCE
AMENDMENT – ZCA 11-03, based on the following findings:
PLANNING COMMISSION RESOLUTION NO. 6927
1 Findings:
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I.
2.
The proposed Zone Code Amendment, ZCA 11-03, is consistent with the General Plan in
that: (a) the proposed sign standards will protect and improve pedestrian and
vehicular traffic safety by balancing the need for signs which facilitate the safe and
smooth flow of traffic without an excess of signage which otherwise could distract
motorists or create congestion and safety hazards and (b) the sign standards
furthermore serve the City's interests in maintaining and enhancing its visual
appeal for residents, visitors and tourists by preventing the degradation of visual
quality which can result from excess signage.
The proposed Zone Code Amendment, ZCA 11-03, reflects sound principles of good
planning in that it: a) ensures internal consistency with the procedures and standards
of the rest of the existing Zoning Ordinance that is not proposed for amendment;
and b) implements the policies and programs of the General Plan.
PAS SED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on April 17, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners L'Heureux, Schumacher,
Scully and Segall
Commissioner Montgomery
Commissioner Black
KERRY SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
PC RESO NO. 6927 -2-
Exhibit “X” April 17, 2013
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, REPEALING AND REENACTING THE CITY’S SIGN ORDINANCE,
TITLE 21, CHAPTER 21.41 OF THE CARLSBAD
MUNICIPAL CODE. CASE NAME: SIGN ORDINANCE AMENDMENT
CASE NO.: ZCA 11-03/LCPA 11-04
WHEREAS, the Sign Ordinance was last comprehensively amended in
2001; and
WHEREAS, since that time staff has identified a number of issues with the
existing Sign Ordinance which were identified in a “white paper,” dated April 12, 2011, to
the City Manager; and
WHEREAS, on April 19, 2011 the City Council discussed the Sign
Ordinance and “white paper” at a public workshop and directed staff to address the issues
identified in the “white paper” through an amendment to the Sign Ordinance.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That Chapter 21.41 of the Carlsbad Municipal Code is
repealed in its entirety and reenacted as follows:
Sections:
21.41.005 Purpose.
21.41.010 Applicability.
21.41.020 Definitions.
21.41.025 General provisions.
21.41.030 Prohibited signs.
21.41.040 Signs on private property not requiring a sign permit.
21.41.050 Application and permit procedures.
21.41.060 Sign programs and modified sign programs.
21.41.070 General sign standards.
21.41.080 Sign design standards.
21.41.090 Coastal zone sign standards.
21.41.095 Permitted permanent signs.
21.41.100 Permitted temporary signs.
21.41.110 Construction and maintenance.
21.41.120 Removal of signs.
21.41.125 Appeal of denial or revocation.
21.41.130 Nonconforming signs.
21.41.140 Remedies and penalties.
21.41.005 Purpose.
ORDINANCE NO.
Exhibit “X” April 17, 2013
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A. The purposes of the sign ordinance codified in this chapter include to: 1. Implement the city's community design and safety standards as set forth in
the general plan; 2. Maintain and enhance the city's appearance by regulating the design,
character, location, number, type, quality of materials, size, illumination and maintenance
of signs; 3. Respect and protect the right of free speech by sign display, while
reasonably regulating the structural, locational and other noncommunicative aspects of
signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics;
4. Eliminate the traffic safety hazards to pedestrians and motorists posed by
off-site signs bearing commercial messages; 5. Generally limit commercial signage to on-site locations in order to protect
the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public; 6. Allow the communication of information for commercial and noncommercial
purposes without regulating the content of noncommercial messages;
7. Allow the expression of political, religious and other noncommercial speech at all times and allow for an increase in the quantity of such speech in the period
preceding elections; 8. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic (i.e., traffic directional
signs) without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion
and safety hazards;
9. Minimize the possible adverse effects of signs on nearby city and private property;
10. Serve the city's interests in maintaining and enhancing its visual appeal for
tourists and other visitors, by preventing the degradation of visual quality which can result from excess signage;
11. Protect the investments in property and lifestyle quality made by persons
who choose to live, work or do business in the city; 12. Defend the peace and tranquility of residential zones and neighborhoods
by generally forbidding commercial signs on private residences, while allowing residents
the opportunity, within reasonable limits, to express political, religious and other noncommercial messages from their homes; and
13. Enable the fair, consistent and efficient enforcement of the sign regulations
of the city.
21.41.010 Applicability. A. The provisions of this chapter shall apply generally to all zones established by this title.
B. Properties and uses in the village review (VR) zone are regulated first by the sign standards of the Carlsbad village master plan and design manual, and then, to the
extent not covered by said master plan and design manual, by the provisions of
this chapter. C. Signs on city property, both within the village review zone and other zones, are
controlled by City Council Policy, not by this chapter.
D. In those areas of the city where master plan or specific plan sign standards or sign programs are adopted by ordinance as special zoning regulations, those sign
standards or sign programs shall apply; however, the "message substitution"
provisions of this chapter, section 21.41.025(2), shall apply to such programs and plans.
Exhibit “X” April 17, 2013
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E. All other sign programs that were approved prior to the effective date of this chapter, but not by ordinance, are subject only to the "message substitution"
provisions of this chapter (section 21.41.025(2)). F. Except as noted in the preceding paragraph, a sign, as defined in this chapter,
may be affixed, erected, constructed, placed, established, mounted, created or
maintained only in conformance with the standards, procedures and other requirements of this chapter. The standards regarding number and size of signs
regulated by this chapter are maximum standards, unless otherwise stated.
21.41.020 Definitions.
A. Whenever the following terms are used in this chapter, they shall have the
meaning established by this section: 1. "Abandoned sign" means any sign that meets any of the following criteria:
a. Sign is located on property that becomes vacant or unoccupied for a period of at least 90 days, b. Sign which pertains to any occupant or business unrelated to the
premises' present occupant or business, or
c. Sign which pertains to a time, event or purpose which no longer applies. 2. "Abate" means to put an end to and physically remove. Discontinuance of a
sign without removal of the entire sign structure shall not constitute abatement. 3. “Advertising for hire”. See “General advertising” 4. "Address sign" means the identification of the location of a building or use
on a street by a number(s). 5. "A-frame sign" means a freestanding sign designed to be easily movable
and to rest on the ground without being affixed to any object or structure. Such signs are
commonly in the shape of the letter "A," but may also be in the shape of an inverted letter "T" or a letter "H," functionally similar signs are also within this definition.
6. "Animated sign" means any sign with action or motion or color changes,
whether or not requiring electrical energy or set in motion by wind. This definition excludes flags and does not apply to electronic message boards or digital displays.
7 "Attraction board" means a sign capable of supporting copy which is readily
changeable, such as theater marquee, and which refers to products, services or coming events on the premises.
8. "Average grade" means the average level of the finished surface of the
ground directly beneath a monument or pole sign. 9. "Awning sign" means a sign that is a part of, or attached to, an awning,
canopy or other fabric, metal, plastic or structural protective cover over a door, entrance,
window, architectural feature or outdoor service area. A marquee is not an awning or canopy.
10. "Balloon" means a small inflatable device used for purposes of commercial signage, advertising or attention getting. See also "inflatable signs." 11. "Banner" means any sign made of cloth, lightweight fabric, bunting, plastic,
vinyl, paper or similar material that is permanently or temporarily placed on, or affixed to, real property in a location where it is visible to the public from outside of the building or
structure. A flag, as defined, shall not be considered a banner.
12. "Beacon" means a stationary or revolving light (including laser lights, klieg lights, spot lights, search lights, projected image signs and similar devices) with one or
more beams projected into the atmosphere or directed at one or more points away from
the light source and used for purposes other than police, fire, public safety or news gathering operations.
13. "Bench sign" means a sign painted on or affixed to any portion of a bench
or seating area at bus stops or other such pedestrian areas. 14. "Billboard" means a permanent structure sign in a fixed location which
Exhibit “X” April 17, 2013
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meets any one or more of the following criteria: a. Sign is used for the display of off-site commercial advertising;
b. Sign is used for general advertising, also known as advertising for hire; c. Display space on the sign is customarily used to display messages
sponsored by persons or entities other than the owner of the sign and/or the owner of the
land on which the sign is located; or d. The sign is not accessory or appurtenant to a principal use of the land.
15. “Building elevation” means the front, rear or side of the external face of a
building. 16. "Building frontage" means the total width of the elevation of a building
which fronts on a public or private street or the building elevation along which the main
entrance exists. For the purposes of calculating permitted sign area, every building has only one building frontage. If more than one business is located in a single building, then
such area shall be limited to that portion which is occupied by each individual business or establishment. 17. "Building marker" means a sign cut into a masonry surface or made of
bronze or similar material permanently affixed to a public building or building of
designated historic significance. 18. "Bus stop signs" means a sign mounted on a shelter which serves as a bus
stop or passenger waiting area for public transportation; this definition does not include devices giving the schedule and/or prices for the transportation service. 19. "Canopy sign." See "awning sign."
20. "Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be physically or mechanically changed or rearranged
without altering the face or the surface of the sign. This does not include a digital display.
21. "Channel lettered sign" means a sign with individually cut, three dimensional letters or figures affixed to a building or sign structure.
22. “City property” means all land located within the corporate limits of the city
to which the City holds the present right of possession and control, or is part of the public right-of-way located within the city. The definition also includes facilities and properties
owned or operated by the city.
23. "Commercial center" means a commercial development that includes predominantly retail businesses with access driveways or parking spaces shared by one
or more of the businesses.
24. “Commercial mascot” means a live person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial
messages. Includes sign twirlers and sign clowns, but does not include hand-held signs
displaying noncommercial messages. 25. "Commercial signage" or "commercial message" means any sign or sign
copy with wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity or which proposes a commercial transaction or relates primarily to commercial or economic
interests. 26. "Construction sign" means a temporary sign displayed on real property on
which construction of new improvements is occurring during the time period which begins
with the issuance of the first necessary permit for the construction and ends with the latest of any of the following, or their functional equivalents: notice of completion or certificate of
occupancy.
27. "Cornerstone" means stone or other wall portion laid at or near the foundation of a building and which indicates in permanent markings the year of
construction. Also called “foundation stone.”
28. “Digital display” means a physical method of image presentation using LCD (liquid crystal display), LED (light emitting diode), plasma displays, projected images, or
Exhibit “X” April 17, 2013
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other functionally equivalent display technologies. Signs using such display methods are called by various names, including, CEVMS (commercial electronic variable message
signs or changeable electronic variable message signs), electronic message boards, electronic reader boards, dynamic signs, digital signs, electronic signs, message centers
and similar terms.
29."Directional sign" means an on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site.
30. "Directory sign" means a sign listing the persons, activities or tenants
located on-site. 31. "Eaveline" means the bottom of the roof eave or parapet.
32. "Establishment" means any organization or activity which uses land for
purposes other than residential use. It includes all business and commercial uses, as well as institutional, public, semi-public and other noncommercial uses but does not include
private residential uses; however hotels, motels, inns, bed and breakfast places, etc. are within this definition. Automated facilities, which have live persons in attendance only during limited or maintenance hours (i.e., power transformer stations, broadcasting
towers, water tanks, weather data collection stations, vending machines, etc.) are not
within this definition. 33. "Externally illuminated" means illuminated by a light source that is located
externally to the sign surface. This method of lighting may include, but is not limited to, spotlighting or backlighting. 34. “Façade sign” means a sign fastened to the exterior walls of a building
exposed to public view. See also “wall sign”. 35. "Fascia sign" means a sign fastened to or engraved in the band or board at
the edge of a roof overhang.
36. "Flag" means a device, generally made of flexible materials such as cloth, fabric, paper or plastic, usually used as a symbol of a government, political subdivision,
public agency, company logo, belief system or concept.
37. "Freestanding commercial building" means a building occupied by a single user retail business, or a noncommercial use located in a zoning district where
commercial activities are allowed, that has direct vehicular access to an adjacent street.
38. "Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and pole signs.
39. "Freeway service station" means a gas/service station located on a
property that is contiguous to a freeway interchange. 40. "General advertising" means the business or practice of offering sign
display space, usually for a fee or other consideration, to one or more commercial
advertisers. “Advertising for hire” has the same meaning. 41. "Hand held" means those signs or visual communication devices which are
held by or otherwise mounted on human beings or animals. 42. "Inflatable signs" or "inflatable attention-getting devices" means any device filled with air or gas, that is , attached or tethered to the ground, site, merchandise,
building or roof and used for the purposes of commercial signage, advertising or attention getting. Commercial advertising blimps, when tethered, are within this definition.
43. "Internally illuminated" means the illumination of the sign face from behind
so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face.
44. "Logo" means a trademark or symbol of an organization, belief system or
concept. 45. "Marker board" means a board designed for displaying images made by
chalk, markers or similar devices; includes devices commonly known as blackboards,
whiteboards and chalkboards. Also includes devices sold under commercial names such as Promethean Boards, Activeboards, and functionally similar devices.
Exhibit “X” April 17, 2013
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46. "Marquee" means a permanent canopy structure attached to and supported by a building and projecting near or over private sidewalks or public rights-of-
way, generally located near the entrance to a hotel, theater or entertainment use, and used as a display surface for a sign message.
47. "Master plan" means a plan prepared and adopted pursuant to Chapter
21.38 of this code. 48. "Mobile billboard" means a vehicle for which the primary use is the display
of general advertising message(s).
49. "Monument sign" means a freestanding sign, which is supported by a base that rests upon the ground and of which the display or copy is an integral part of the
design. A monument sign does not include poles or pylons. Contrast; pole sign.
50. "Multi-face sign" means a sign displaying information on at least two surfaces, each having a different orientation, or on a curved surface so that the copy or
image is different when viewed from different angles. 51. "Multi-tenant building" means a nonresidential building in which there exists two or more separate nonresidential tenant spaces, businesses or establishments.
52. "Neon sign" means a sign that utilizes neon or other fluorescing, inert or
rarified gases within translucent tubing in or on any part of the sign structure. 53. "Noncommercial message " means any image on a sign which conveys or
expresses commentary on topics of public concern and debate, including , by way of example and not limitation, social, political, educational, religious, scientific, artistic, philosophical and charitable subjects. This definition also includes signs regarding fund
raising or membership drive activities for noncommercial or nonprofit concerns. 54. "Nonconforming sign" means any sign which was legally established in
conformance with all applicable laws in effect at the time of original installation but which
does not conform to the requirements of this chapter or other later enactments. 55. "On-site sign" means a sign displaying a commercial message which
relates or pertains to the business conducted, services available or rendered or goods
available for sale, rent or use, upon the same premises where the sign is located. A sign program may define "on-site" in a manner which applies only to that program. The on-
site/off-site distinction applies only to commercial messages.
56. "Off-site sign" means any sign that gives directions to or identifies a commercial use, product or activity not located or available on the same premises as the
sign. The on-site/off-site distinction applies only to commercial messages. There is no
location criterion for noncommercial messages. 57. "Pennant" means an individual or a series of lightweight plastic, fabric or
other material, whether or not containing a message of any kind, suspended from a rope,
wire or string, designed to move in the wind. 58. "Permanent sign" means any sign which is intended to be and is so
constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building. The message display of a sign may be changed without
affecting its character as a permanent sign. 59. "Person" means any natural person, marital estate, sole proprietorship,
partnership, limited partnership, corporation (of any type or form, regardless of where
incorporated), trust, association, limited liability company, unincorporated association or any other juridical person capable of legally owning, occupying or using land.
60. "Pole sign" means a freestanding sign that is greater than six feet in height
and is supported by one or more vertical supports. The definition applies even if the support poles or pylons are covered with cladding or skirting.
61. "Portable sign" means a sign made of any material which, by its design, is
readily movable including, but not limited to, signs on wheels, casters and rollers, "A-frame" signs and signs attached to vehicles or trailers or water vessels.
Exhibit “X” April 17, 2013
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62. "Premises" means the place where a business or other establishment is located. If there is only one business or establishment on the legal parcel, then the entire
parcel is the premises. If there is more than one business or other establishment on a single parcel, then the premises is the portion of the parcel actually occupied or
exclusively used by the business or other establishment, except that signs relating to the
owner or manager of the entire parcel may be considered on-site when placed anywhere on the parcel.
63. "Prohibited sign" means any sign that is specifically not permitted by this
chapter or was erected without complying with the regulations of this chapter in effect at the time of construction, display or use.
64. "Projecting sign" means a sign which projects more than ten inches from a
wall or other vertical surface, generally at about ninety degrees. 65. "Property owner" means the owner of the property on which the sign is
displayed or proposed to be displayed. When the property is land, "owner" includes the legal owner according to the official land records of the San Diego County Recorder, all beneficial owners thereof and all persons presently holding a legal right to possession of
the subject property.
66. "Regional commercial center" means a commercial development located upon a property with a regional commercial general plan land use designation and having
the following characteristics: project site area between thirty and one hundred acres; gross lease area between three hundred thousand and one million five hundred thousand square feet; major tenants may include full-line department stores (two or more), factory
outlet centers, power centers of several high volume specialty stores, warehouse club stores or automobile dealerships; secondary tenants may include a full range of specialty
retail, restaurants and entertainment. A center is still within this definition even if it
includes one or more noncommercial uses. 67. "Right-of-way" means an area or strip of land, either public or private, on
which an irrevocable right-of-passage has been recorded for the use of vehicles or
pedestrians or both. 68. "Roof sign" means a sign erected and constructed wholly or in part upon,
against or above the roof of a building. For purposes of this chapter, any portion of a
building above or behind the fascia or parapet of a building shall be considered part of the roof.
69. "Shopping complex" means the same as "commercial center."
70. "Sign" means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol, image or writing to advertise, announce the purpose
of, identify a person, product, service or entity or to communicate information of any kind
to the public. However, the following are not within the definition of "sign" for the regulatory purposes of this chapter:
a. Any public or legal notice required by a court or public agency; b. Decorative or architectural features of buildings (not including letters, trademarks or moving parts);
c. Holiday decorations and lights, in season, clearly incidental to and associated with holidays or cultural observances and which are on display on a given
parcel for not more than forty-five calendar days in a calendar year;
d. Building markers, as defined herein; e. Cornerstones, as defined herein;
f. Symbols or insignia which are an integral part of a doormat or welcome
mat, or embedded directly into the sidewalk or entrance surface, so long as such device is otherwise legal and is located entirely on private property and on the ground or sidewalk;
g. Items or devices of personal apparel or decoration but not including
hand held signs or commercial mascots; h. Marks on tangible goods, which identify the maker, seller, provider or
Exhibit “X” April 17, 2013
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product, as such are customarily used in the normal course of the trade or profession; i. Symbols of noncommercial organizations or concepts including, but not
limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not
limitation: stained glass windows, carved doors or friezes, church bells and decorative
fountains; j. Property entry and security protection notices and signs warning of
dangers or health and safety policies, such as, by way of example and not limited to,
"Beware of Dog," "Danger High Voltage," "No Shirt No Service," etc., when such are not over one square foot on residential uses or two square feet on other uses and firmly
affixed to their mounting surface or device;
k. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter;
l. Devices which are located entirely within an enclosed structure and are not visible from the exterior thereof; m. Advertisements or banners mounted on or towed behind free-flying
airborne vessels or craft, such as airplanes, dirigibles, untethered blimps and the like;
n. Advertisements or banners mounted on trains or other mass transit vehicles which legally pass through the city;
o. License plates, license plate frames, registration insignia and noncommercial messages on street legal vehicles and properly licensed watercraft and messages relating to the business of which the vehicle or vessel is an instrument or tool
(not including general advertising) and messages on the vehicle or watercraft relating to the proposed sale, lease or exchange of the vehicle or vessel;
p. Messages on golf carts, wheelchairs, personal scooters, human
powered taxis, shopping carts or other small wheeled vehicles. Signs on any motorized device which may legally travel upon public roads or highways is not within this definition;
q. Vending machines which do not display general advertising;
r. Automated teller machines at banks and facilities for walk up and drive up service at banks, credit unions and similar establishments;
s. Murals, paintings and similar pictorial displays that are painted directly
onto a building and are not intended to draw attention to any use, product, service or event.
71. "Sign area" means the display or message area of the sign. The methods
of computing sign area are detailed in Section 21.41.070.A. 72. "Sign height" means the height of the highest point on the sign structure
above grade or ground beneath. The methods of calculating sign height are stated in
Section 21.41.070.B. 73. "Sign permit" means an entitlement from the city to place or erect a sign.
74. "Sign program" means a plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement. 75. "Site development plan" means a plan required pursuant to Chapter 21.06
of this code. 76. "Specific plan" means a plan prepared and adopted pursuant to Section
65451 of the California Government Code.
77. "Street frontage" means the distance along which a lot line adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting
the same street. Corner lots have at least two street frontages.
78. "Suspended sign" means a sign hung from the underside of a marquee, pedestrian arcade or covered walkway, usually at approximately ninety degrees to the
building wall or storefront.
79. "Tall freestanding sign" means a monument or pole sign that is greater than fourteen feet in height.
Exhibit “X” April 17, 2013
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80. "Temporary seasonal sales permit" means a permit to allow outdoor seasonal and holiday sales, including, but not limited to, Christmas trees, pumpkins and
flowers, on private property. 81. "Temporary sign" means a sign, including paper, cardboard wood, plastic,
synthetic, fabric or similar materials, which by virtue of its physical nature is not suitable
for long term display or permanent mounting. 82. "Traffic directional sign" means a sign which indicates place, location or
direction for the information of drivers or pedestrians.
83. "Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition
of the physical structure of the sign or its mounting mechanism. A sign may not be
considered "unsafe" within this definition by virtue of the message displayed thereon. 84. "Vehicle sign" means a sign mounted upon a vehicle which may legally be
parked on or move on public roads, as well as a sign mounted upon a water vessel which may legally move upon the waters. 85. "Vessel sign" means a sign mounted upon a water vessel which may
legally move upon the waters.
86. "Wall sign" means a sign attached to a wall surface that does not project or extend more than ten inches from the wall, which is confined within the limits of an outside
wall and which displays only one display surface. 87. "Window sign" means any sign painted or affixed to the inside or outside of a window surface or otherwise located within a building so as to be visible from the
exterior of the building. This definition does not include window displays of merchandise offered for sale.
21.41.025 General provisions. A. The provisions stated in this section apply to all signs within the regulatory scope
of this chapter, and override more specific provisions to the contrary elsewhere in this
chapter. 1. Owner's Consent Required.
a. The consent of the property owner is required before any sign may be
displayed on any real or personal property within the city; b. In the case of city property, the owner's consent shall be pursuant to a
policy adopted by the city council.
2. Message Substitution. a. Subject to the owner's consent, a noncommercial message of any type
may be substituted for all or part of the commercial or noncommercial message on any
sign allowed pursuant to this chapter. b. Design criteria which may apply to commercial signs, such as color,
lettering style or height, and compatibility with other signs on the same parcel or other signs subject to a sign program, do not apply to noncommercial message signs even when they are in an area subject to a sign program, master plan or specific plan.
c. Message substitution is a continuing right and may be exercised any number of times, in whole or in part.
d. No special or additional permit is required to substitute a noncommercial
message for any other message on an allowable sign, provided the sign is already permitted or exempt from the permit requirement and the sign structure satisfies all
applicable laws, rules, regulations and policies.
e. When a noncommercial message is substituted for any other message, the sign is still subject to the same location and structure regulations, such as size, height,
illumination, duration of display, building and electrical code requirements, as would apply
if the sign were used to display a commercial message or some other noncommercial message.
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f. This substitution provision shall prevail over any other provision to the contrary, whether more specific or not, in this chapter and applies retroactively to sign
programs, master plans and specific plans which were adopted or approved before this chapter was enacted.
g. This provision does not:
i. Create a right to increase the total amount of signage on a parcel, lot or land use;
ii. Authorize the physical expansion of an existing sign;
iii. Affect the requirement that a sign structure or mounting device be properly permitted;
iv. Allow a change in the physical structure of a sign or its mounting
device; or v. Allow the substitution of an off-site commercial message in place of
an on-site commercial message or a non-commercial message. h. In addition to the non-commercial message display allowable under this provision, on any legal parcel, any unutilized sign display area which is available as a
matter of right (i.e., not including display area available under some discretionary approval
process), may be used to display non-commercial messages; a permit for such signage is required only when the physical structure or mounting device is subject to a building
permit under the Building Code and/or an electrical permit under the Electric Code. 3. Non-commercial speech. a. In addition to the sign display area available under the message
substitution provision, signs displaying non-commercial messages only are allowable at all times and on all parcels, subject to the following regulations:
i. A sign permit is required only if the sign qualifies as a structure
requiring a building permit or an electrical permit; ii. On parcels where the principal use is residential, the allowable display
area is 8 square feet per residential unit at all times; and
iii. On parcels where the principal use is anything other than residential, the allowable display area is 8 square feet per nonresidential establishment at all times;
iv. The allowable display space for non-commercial speech is increased
by 25% during the time period which begins 20 days before a primary, general, or special election and ends within 10 days following the closing of the polls.
4. Legal Nature of Sign Rights and Duties.
a. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is mounted, affixed or displayed and run with the land.
b. The city may demand compliance with this chapter and with the terms of
any sign permit from the permit holder, the owner of the sign, the property owner or the person mounting the sign.
5. Transfer of Signage Rights. a. Rights and duties relating to permanent signs may not be transferred between different parcels of real property.
b. All duly issued and valid sign permits for permanent signs affixed to land shall automatically transfer with the right to possession of the real property on which the
sign is located.
c. This provision does not affect the ownership of signs, and does not prevent a given sign from being moved from one location to another, so long as the sign is
properly permitted in the new location.
6. Compliance. a. Responsibility for compliance with this chapter is joint and severable as
to all persons erecting, mounting, displaying or modifying any sign, all persons in control
and custody of the property on which a sign is displayed, and the persons who are legal owners of record of the property on which a sign is displayed.
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7. Discretionary Approvals. a. Whenever any sign permit, variance, CUP, Sign Program or Special
Planning Area approval, or other sign-related decision, is made by any exercise of official discretion, such discretion shall be exercised only as to the non-communicative aspects of
the sign, such as size, height, orientation, location, setback, illumination, spacing, scale
and mass of the structure, etc. b. Graphic design may be evaluated only for a Sign Program, and then only
as applicable to commercial message signs.
8. Mixed Use Zones or Overlay Districts. a. In any zone where both residential and nonresidential uses are allowed,
the sign related rights and responsibilities applicable to any particular parcel or land use
shall be determined as follows: i. Residential uses shall be treated as if they were located in a zone
where a use of that type would be allowed as a matter of right, and ii. Nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a
conditional use permit or similar discretionary permit.
21.41.030 Prohibited signs.
A. The following signs, as defined in this chapter, are prohibited in all zones of the city, unless a more specific provision or city policy allows them at certain times and places:
1. Abandoned signs, including their structures and supports; 2. A-frame signs, as defined herein;
3. Animated signs including, but not limited to signs that move, blink, flash,
change color, reflect, revolve or make noise; 4. Balloons or other inflatable signs or devices, as defined herein;
5. Beacons, as defined herein;
6. Billboards, as defined herein; 7. Bus stop bench/shelter signs, as defined herein;
8. Electronic message board signs or digital display signs;
9. Exposed neon lighted signs on any building elevation that faces and is within five hundred feet of any property line that adjoins residentially zoned property;
10. Commercial mascots and hand held or sandwich board signs carried by a
person on city property or in the public right-of-way and displaying a commercial message;
11 Marker boards, as defined herein;
12. Mobile billboards or any other type of vehicle that is moving or parked on city streets whose primary purpose is displaying general advertising;
13. Off-site commercial signs excluding real estate for sale signs per Civil Code 713; 14. Portable signs with commercial messages; except for temporary signs as
indicated in Sections 21.41.040 and 21.41.100; 15. Roof signs;
16. Signs attached to trees, plants, rocks, fences, utility poles/cabinets or other
objects, the primary function of which is not to support a sign; 17. Signs physically blocking or impeding the free passage of persons through
doors, firescapes or public rights-of-way;
18. Signs erected on or over city property including public easements and public rights-of-way, except those needed for traffic and public safety regulation and those
erected pursuant to adopted city council policy regarding signs on city property;
19. Signs simulating in color or design a traffic sign or signal or using words, symbols or characters in such a manner as to be reasonably likely to interfere with,
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mislead or confuse pedestrian or vehicular traffic; 20. Signs that do not conform with applicable Uniform Building Code as
adopted by Carlsbad and National Electric Code as adopted by Carlsbad; 21. Temporary signs, including but not limited to banners (i.e.; feather banners)
and pennants, except as provided for in Sections 21.41.040 and 21.41.100; and
22. Unsafe signs, as defined in this chapter.
21.41.040 Signs on private property not requiring a sign permit.
The signs listed in Table A do not require a sign permit, and their area and number shall not be included in the aggregate area or number of signs subject to a permit
requirement, for any given property.
Table A
Signs on Private Property not Requiring a Sign Permit
Description of Sign Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/ Letter Height Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Traffic Control,
Traffic Directional or Warning Signs
erected or required by government
agencies
Freestanding/Wall/
Banner
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Address Sign Wall 1 per building 6 square feet per sign. The minimum number height shall be:
Residential - 4 inches and Nonresidential –
12 inches, unless the Fire Marshal requires a greater
height.
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Noncommercial Message Signs on residential
and nonresidential property
Wall/Freestanding or Window -------------- 8 square feet per residential unit.
8 square feet per
nonresidential establishment
6 feet above average grade or 3.5 feet above
average grade if in the front yard / --------.
1. May not be illuminated.
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Description of Sign Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/ Letter Height Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Additional Political and other
Noncommercial Message Signs on private
property during campaign periods
Freestanding -------------- 2 square feet per residential unit.
2 square feet per
nonresidential establishment
6 feet above average grade or 3.5 feet above
average grade if in the front yard/----.
1. May be located on any private property, with
owner's consent 2. Display time
limited to 20 days preceding any federal, state or
local (primary, general or special) election and shall
be removed, by the person placing or erecting such sign within ten (10) days
following such election. 3. This is in addition to the noncommercial
messages allowed under the substitution
provision and the noncommercial messages allowed
at all times in residential zones.
Window Signs located in
commercial centers and freestanding
commercial buildings
Window -------------- Total copy area shall not exceed
25% of the window area.
7 feet above average grade/6
inches.
Freestanding sign on Single Dwelling Unit or Condominium Unit - property
which is for rent, sale or lease (Displayed on
the owner's real property or real property owned
by others with their consent (Pursuant to
California Civil Code section 713))
Freestanding 1 per dwelling unit 4 square feet per sign. 6 feet above average grade/6 inches
1. Shall be removed from the building or property within fifteen (15) days
after the sale, rental or lease.
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Description of Sign Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/ Letter Height Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Flags in nonresidential zones
Pole Freestanding or mounted on the side
of a building
Maximum of 3 flags per nonresidential
establishment
24 square feet per flag. Flag Pole Height: The lesser of 35 feet or the height
of the tallest legally permitted structure existing
on the premises/ ----.
Flags in residential zones Pole Freestanding or mounted on the side of a building
Maximum of 2 flags per occupied dwelling unit.
24 square feet per flag.
Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted
structure existing on the premises/ ----.
Flags with commercial images are not allowed in residential zones.
Temporary signs attached to parked or stationary
vehicles visible from the public right-of-way
Window (Inside) 2 per vehicle 10 inches by 12 inches per sign. ------------------ No limitation if sign is not visible from public right-of-way.
Signs permanently attached to or painted on vehicles, with
non-changeable copy, used in the
day-to-day operations of a business
------------------ -------------- ----------------- ------------------ Does not apply to "general advertising" or "mobile billboards."
21.41.050 Application and permit procedures. A. Sign Permit Required.
1. It shall be unlawful for any person to affix, place, erect, suspend, attach,
construct, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign within the city without first
obtaining a sign permit in accordance with the provisions of this section, unless the sign is
exempt from the permit requirement under Section 21.41.040. 2. The regulations contained in this section apply to sign permits which are
not associated with a sign program. Permit applications for sign programs are regulated
by Section 21.41.060. 3. A sign permit shall not be required for cleaning or other normal
maintenance of an existing sign, unless a structural or electrical change is made. 4. No sign permit is required when a political, religious or other noncommercial message is substituted for another commercial message on a pre-existing
sign or when a noncommercial message is substituted for a noncommercial message on a
properly permitted sign. B. Application for Permit.
1. The application for a sign permit shall be made in writing on the form provided by the city planner and shall be accompanied by the required fee. Such
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application shall set forth and contain the following information: a. A drawing to scale showing the design of the sign, including dimensions,
sign size, colors (applies to commercial message signs only), materials, method of attachment, source of illumination and showing the relationship to any building or structure
to which it is proposed to be installed or affixed or to which it relates;
b. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular
access points and existing buildings or structures and off-street parking areas located on
the premises; c. The number, size, type and location of all existing signs on the same
building, lot or premises; and
d. Any structural information and plans necessary to ensure compliance with the latest adopted building code and electrical code.
C. Fees. All signs require a sign permit fee and plan checking fee (if applicable) that shall be paid in accordance with the schedule established by resolution of the city council. D. Method of Review.
1. The purpose of a sign permit is to ensure compliance with the provisions of
this chapter and the relevant building and electrical codes. 2. After receiving a complete sign application, the city planner shall render a
decision to approve, approve with modifications or deny such sign application within fifteen days; however, an approval with modifications shall be limited to requiring compliance with this chapter.
3. The application shall be approved and the permit issued whenever the proposed sign meets the following requirements:
a. The proposed sign conforms to all size, height and other standards for
signs subject to a permit requirement as such requirements are set forth in this chapter; b. The proposed sign is consistent with any applicable sign program; and
c. The sign conforms to the construction standards of the latest adopted
building and electrical codes. E. Revocation or Cancellation of Permit.
1. The city planner shall revoke any issued permit upon refusal of the holder
thereof to comply with the terms of the permit and/or the provisions of this chapter after written notice of noncompliance and fifteen days opportunity to cure.
2. If the work authorized under a sign permit has not been completed within
six months after the date of issuance, such permit shall become null and void.
21.41.060 Sign programs and modified sign programs
A. Purpose. 1. The purpose of a sign program is to integrate signs with a project’s
building, site and landscaping design to form a unified architectural statement. B. Applicability. 1. A sign program shall be required for:
a. Master plans, b. Specific plans,
c. Nonresidential projects requiring a site development plan processed
pursuant to Chapter 21.06 of this code and d. Industrial or office developments of greater than ten acres in area.
2. A sign program may be proposed for all other types of development
projects or discretionary permits not listed in Subsection 21.41.060.B.1. 3. For those projects requiring or proposing a sign program, no sign permit
shall be issued for an individual sign, unless, and until, a sign program for the project, lot
or building on which the sign is proposed to be erected has been approved by the city in conformance with this chapter.
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C. Sign programs and sign standards modifications. 1. Sign programs may establish standards for sign area, number, location,
and/or dimension that vary from the standards of this chapter as follows: a. A sign program that complies with the standards of this chapter shall
require the approval of a ministerial sign program application by the city planner provided
that all of the findings of fact listed in Section 21.41.060.G. of this chapter can be made. b. A sign program proposal that exceeds the standards of this chapter by
up to 15% shall require the approval of a modified minor sign program discretionary
application by the city planner provided that all of the findings of fact listed in Section 21.41.060.H. of this chapter can be made.
c. A sign program proposal that exceeds the standards of this chapter by
greater than 15% up to 30% requires the approval of a modified sign program discretionary application by the planning commission provided that all of the findings of
fact listed in Section 21.41.060.H. of this chapter can be made. d. When calculating the permitted number of signs allowed by a sign program, if the calculation results in a fractional sign of .5 or greater, then the fraction may
be rounded up to the next whole number. If the calculation results in a fractional sign of
less than.5, then the fraction shall be rounded down to the next whole number. e. When calculating the permitted number of signs allowed by a modified
sign program, if the calculation results in a fractional sign, then the fractional sign may be rounded up to the next whole number. f. Sign program design standards shall not apply to noncommercial
messages. g. All sign programs must incorporate the provisions for substitution of
noncommercial messages as specified in Section 21.41.025.A.2. Message substitution
applies but may not override contrary provisions in leases. h. The sign program application may not be used to permit a sign type
which is otherwise prohibited.
D. Application and fees. 1. An application for a sign program, modified minor sign program or modified
sign program may be made by the owner of the property affected or the authorized agent
of the owner. 2. The application for a sign program, modified minor sign program or
modified sign program shall be made in writing on the form provided by the city planner.
3. The application shall be accompanied by the required fee contained in the most recent fee schedule adopted by the city council.
4. The application shall state fully the circumstances and conditions relied
upon as grounds for the application. 5. The application shall contain the following information:
a. A copy of an approved development plan (master plan, specific plan, planned industrial permit ,site development plan or other approved development project or discretionary permit) drawn to scale showing the location of property lines, rights-of-way,
adjacent streets, sidewalks and on-site buildings, landscaped areas, off-street parking areas and vehicular access points;
b. A drawing to scale showing the design of each sign, including
dimensions (height and width), sign size (area), colors, materials, method of attachment, source of illumination and location of each sign on any building, structure or property;
c. Computation of the total number of signs, sign area for individual signs,
total sign area and height of signs for each existing and proposed sign type; d. A materials board or sign sample that is an accurate representation of
proposed colors, material and style of copy; and
e. The number, size, type and location of all existing signs on the same building, lot or premises.
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E. Notices and hearings. 1. Notice of an application for a modified minor sign program shall be given
pursuant to the provisions of Sections 21.54.060.B. and 21.54.061 of this title. 2. Notice of an application for a modified sign program shall be given
pursuant to the provisions of Sections 21.54.060.A. and 21.54.061 of this title.
F. Decision-making authority. 1. Applications for a modified minor sign program or a modified sign program
shall be acted upon in accordance with the following:
a. Modified minor sign program. i. An application for a modified minor sign program may be approved,
conditionally approved or denied by the city planner based upon his/her review of the facts
as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of
Section 21.54.060.B.2 of this title. ii. The city planner may approve or conditionally approve the modified minor sign program if all of the findings of fact in Sections 21.41.060.H. of this chapter are
found to exist.
b. Modified sign program. i. An application for a modified sign program may be approved,
conditionally approved or denied by the planning commission or city council, as specified in Section 21.54.040 of this title. ii. The decision on the modified sign program shall be based on the
decision-making authority’s review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing.
iii. The decision-making authority shall hear the matter, and may
approve or conditionally approve the sign program if all of the findings of fact in Section 21.41.060.H. of this title are found to exist.
G. Findings of fact for sign programs that comply with standards of this chapter:
1. A proposed sign program will be approved only upon the following findings: a. All signs comply with the sign area, number, height, location and other
sign standards as set forth in this chapter.
b. The signs have been integrated with the project’s building, site and landscaping design to form a unified architectural statement.
H. Findings of fact for modified minor sign programs or modified sign programs that
vary from the standards of this chapter: 1. A modified minor sign program or modified sign program that varies from
the standards of this chapter shall be approved only upon the following findings:
a. The standards established by the modified minor sign program or modified sign program do not exceed any applicable rules or limits in the General Plan or
Local Coastal Program; b. The modified minor sign program or modified sign program is necessary to ensure that signs are proportionate to and compatible with the number, size, height,
scale and/or orientation of project buildings; c. The modified minor sign program or modified sign program is necessary
to ensure the visibility of the overall development to pedestrians and motorists; and
d. The modified minor sign program or modified sign program is necessary to enhance the overall project design, and the aesthetics and/or directional function of all
proposed signs.
I. Announcement of decision and findings of fact. 1. When a decision on a modified minor sign program or modified sign
program is made pursuant to this chapter, the decision-making body shall announce its
decision in writing in accordance with the provisions of Section 21.54.120 of this title. J. Effective date and appeals.
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1. Decisions on modified minor sign programs and modified sign programs shall become effective and may be appealed in accordance with the applicable provisions
of Sections 21.54.140 and 21.54.150 of this title. K. Expiration, extensions and amendments.
1. The expiration period for an approved modified minor sign program or
modified sign program shall be as specified in Section 21.58.030 of this title. 2. The expiration period for an approved modified minor sign program or
modified sign program may be extended pursuant to Section 21.58.040 of this title.
3. An approved modified minor sign program or modified sign program may be amended pursuant to the provisions of Section 21.54.125 of this title.
L. Existing Sign Programs.
1. Existing sign programs approved prior to the effective date of this chapter are subject only to the message substitution provision of this chapter; all other terms of
the existing sign program shall continue in force. M. Binding Effect. 1. After approval of a sign program, modified minor sign program or modified
sign program all signs subsequent thereto shall be erected, constructed, installed,
displayed, altered, placed or maintained only in conformance with such program unless and until modified by the procedures outlined herein.
21.41.070 General sign standards.
The following sign standards shall apply to all signage within the city.
A. Sign Area. 1. Sign area is computed as follows:
a. Wall, Retaining Wall, Monument, Suspended, Fascia, Awning, Window
and Landscape/Hardscape Feature Signs. i. Sign area shall be computed by measuring the smallest square,
rectangle, triangle, circle or combination thereof that will encompass the extreme limits of
the graphic image, writing, representation, emblem or other display. ii. Sign area does not include any supporting framework or bracing
unless such is designed in a way as to function as a communicative element of the sign.
b. Pole Signs. i. Sign area shall be computed as the area of the surface(s) upon which
the sign message is placed including the supporting column(s) if decorated or displayed
with advertising. c. Multi-Faced Signs.
i. The sign area for a two-sided or multi-faced sign shall be computed by
adding together the area of all sign faces visible from any one point. ii. When two sign faces are placed back to back, so that both faces
cannot be viewed from any one point at the same time, and when such sign faces are part of the same structure, the sign area shall be computed by the measurement of one of the faces.
iii. In the case of a sign of spherical or cylindrical shape, the area of the sign shall be one-half of the surface area.
d. Flags, Banners, Pennants, etc.
i. Sign area is the entire surface area, one side only. B. Sign Height.
1. Sign height is measured as follows:
a. Monument, Pole and Freestanding Signs. i. Sign height is specified as the greatest vertical measurement from the
top of the sign or sign cabinet, including all ornamentation and supports, to the average
grade beneath the sign. C. Signs on City Property, Including the Public Right-of-Way.
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1. Signs may be placed on city property only in accordance with adopted city council policy regarding signs on city property. Signs placed on city property in violation of
the city council’s policy may be summarily removed by the city, and all persons responsible for placing such signs on city property contrary to the city council’s policy may
be charged with the cost of removal.
D. Placement of Commercial Signs. 1. Commercial signs shall be placed on the property of the use for which the
sign is intended to identify or relate, unless placement on another property is specifically
allowed by this chapter or other relevant law. E. Placement of Noncommercial Messages on Signs.
1. Noncommercial messages are allowed wherever commercial signage is
permitted within Chapter 21.41 and is subject to the same standards and total maximum allowances per lot or building of each sign type specified in this chapter.
2. A permit is required for a noncommercial message only when the sign structure has not been previously permitted.
21.41.080 Sign Design Standards.
Each permanent approved sign shall meet the following design standards. A. Colors.
1. For commercial messages on signs, fluorescent, "Day-Glo" and similar colors shall not be used. B. Materials.
1. All permanent signs shall be constructed of durable materials, which are compatible in kind and/or appearance to the building supporting or identified by the sign.
2. Such materials may include, but are not limited to:
a. ceramic tile, b. sandblasted, hand carved or routed wood,
c. channel lettering,
d. concrete, stucco or stone monument signs with recessed or raised lettering.
C. Sign Location.
1. Wall signs must be located below the roofline on structures with pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall
signs are not allowed on any equipment enclosure located above the roofline.
2. Directional signs shall be located to facilitate traffic internal to the site. D. Relationship to Buildings.
1. Each permanent commercial message sign located upon a premises with more than one main building, such as a commercial, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings.
E. Relationship to Other Signs. 1. Where there is more than one sign on a lot, building or project site, all
permanent signs displaying a commercial message shall have designs which similarly
treat or incorporate the following design elements: a. Type of construction materials; b. Sign/letter color and style of copy;
c. Method used for supporting sign (i.e., wall or ground base); d. Sign cabinet or other configuration of sign area;
e. Illumination; and
f. Location. F. Relationship to Streets.
1. Signs shall be designed and located so as not to interfere with the
unobstructed clear view of the public right-of-way and nearby traffic regulatory signs of
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any pedestrian, bicyclist or motor vehicle driver. G. Sight Distance.
1. No sign or sign structure shall be placed or constructed so that it impairs the City’s sight distance requirements, per City Engineering Standards, at any public or
private street intersection or driveway.
H. Sign Illumination. 1. Illuminated wall signs are prohibited on any building elevation that faces
and is located within three hundred feet of any property line that adjoins residentially
zoned property. 2. Illumination from or upon any sign shall be shaded, shielded, directed or
reduced so as to minimize light spillage onto the public right-of-way or adjacent properties.
3. Externally illuminated signs shall be lighted by screened or hidden light sources.
4. Free-standing and building-mounted signs shall either be non-illuminated or externally illuminated, except for signs with opaque backgrounds which give the appearance of individual channel letters and/or changeable copy signs.
I. Logos and Graphics.
1. Corporate logos and graphics may be used in conjunction with allowed signage. Logos, graphics and trademarks are included in the total sign area.
J. Landscaping. 1. Each monument and pole sign shall include landscaping around the base of the sign, at a minimum ratio of two square feet for every one square foot of sign area,
so as to protect the sign from vehicles, improve the appearance of the installation and screen light fixtures and other appurtenances.
21.41.090 Coastal zone sign standards. A. The following sign restrictions apply to properties in the coastal zone except
the Agua Hedionda Lagoon and Carlsbad Village Review segments. If there is
a conflict between the coastal zone sign standards of this section and any regulations of this chapter, the standards of this section shall prevail.
Otherwise, within the coastal zone, the sign regulations of this chapter shall
apply. 1. Each business or establishment shall be entitled to one façade sign.
2. Each shopping complex shall have only one directory sign which shall not
exceed fourteen feet in height, including mounding. 3. Monument sign height including mounding shall not exceed eight feet and
shall apply where three or fewer commercial establishments exist on a parcel.
4. Tall freestanding and roof signs shall not be allowed. 5. Off-premises signs shall not be allowed.
21.41.095 Permitted permanent signs.
A. Table B states the criteria for a permit for permanent signs for each type of
development and/or corresponding zones. In addition to the type of sign permitted, Table B provides the maximum number, maximum sign area,
maximum sign height and letter height, permitted location and other standards.
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Table B
Permanent Signs Permitted by Type of Development and Zone With a Sign Permit
Type of Development and/or Zone
Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/Letter Height
Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below
Single Family Residential Lots See Section 21.41.100, Permitted Temporary Signs
--------------- --------------- ---------------- ------------- ---------------
See Section 21.41.040,
Signs on Private Property Not Requiring a Sign Permit
--------------- --------------- ---------------- ------------- ---------------
Residential Subdivisions,
Condominiums, Apartment Projects and Mobile Home Parks
Monument 1 per project entrance 60 square feet per sign 6 feet above average
grade/24 inches
Driveway entrance or at
other strategic location.
(See Note #1 below)
Directory Signs - Wall Mounted or
Freestanding
1 per building entrance 6 square feet per sign 6 feet above average grade/ -------
Signs are to be located and oriented to
direct visitors upon entry into the
project or building.
---------------
Commercial Centers and
Freestanding Commercial Buildings (located
within the C-1, C-2, C-L or C-T zones)
Monument 1 per driveway
entrance
60 square feet per sign 6 feet above average
grade/24 inches
Driveway entrance or at
other strategic location.
(See Note #1 below)
Exhibit “X” April 17, 2013
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Type of Development and/or Zone
Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/Letter Height
Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Wall, Fascia
or Awning
No maximum
number
Total sign
area for all wall, fascia or awning
signs shall not exceed 1 square foot
per each lineal foot of building
frontage
Varies/Tenant
Leased Space: < 2,500 square
feet: ---/24 inches
2,500 - 10,000 square feet: ---/30 inches
10,001 -50,000 square feet: ---/36 inches;
> 50,000 – 100,000 square feet ---/48 inches >100,000
square feet ---/60 inches
1. Fascia Sign:
Centered on Fascia.
2.. Awning Sign: Over doors or
windows
1. The length
of any sign shall not exceed 75%
of the length of the building
frontage or lease space to which the sign
pertains. (See Note #2 below)
(See Note #3below) (See Note #6 below)
Suspended or Projecting 1 per establishment 6 square feet per sign Minimum 8 foot clearance from finished grade to bottom of sign.
Suspended -Underside of walkway overhang at 90 degrees to
the business establishment.
Suspended may not be internally illuminated
Directional Sign 3 per driveway entrance
6 square feet per sign 6 feet above average grade/ -----
Should be located to facilitate
traffic internal to the site.
Drive-Thru Facilities Reader Board Wall or
Monument
Restaurants: 2 per existing
establishment Other non-
restaurant drive-thru facilities: 1 per establishment
24 square feet per sign 6 feet above average grade/
------
------------- Reader boards are allowed in
addition to other signs permitted for
Commercial Centers and Freestanding Commercial Buildings.
Regional Commercial Center
Pole
1 per center 150 square feet per sign 35 feet above average grade Primary project
entrance or in a location approved by
the city planner.
1. Pole sign is allowed in
addition to other signs permitted for
Commercial Centers.
Exhibit “X” April 17, 2013
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Type of Development and/or Zone
Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/Letter Height
Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Office, Industrial
and Commercial uses in the R-P, O, C-M, P-M, and M
zones
Monument 1 per lot 60 square
feet per sign
6 feet above
average grade/24 inches
Primary
driveway entrance or at other strategic
location.
(See Note #1
below) (See Note # 5
below) Directional
Signs
3 per
driveway entrance
6 square feet
per sign
6 feet above
average grade/ -----
Should be
located to facilitate traffic internal to the site.
Wall Buildings less than 50,000 square
feet in area: 2 signs per building (1 sign per building
elevation)
Buildings 50,000 -100,000
square feet in area : 3 signs per
building (2 signs per building
elevation)
Buildings greater than
100,000 square feet in area: 4 signs per building (2 signs per building
elevation)
50 square feet per sign
60 square feet per sign
70 square feet per sign
----/24 inches
----/36 inches
---/48inches
------------- (See Note #3 below)
(See Note #4 below) (See Note #5 below)
(See Note #6 below)
Office or Industrial Establishment with a separate building entrance in a multi-
tenant building
Wall or Fascia 1 per establishment 8 square feet per sign ----/12 inches Directly above entrance Allowed in addition to wall signs permitted for
buildings in the R-P, O, C-M, P-M and
M zones.
Exhibit “X” April 17, 2013
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Type of Development and/or Zone
Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/Letter Height
Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Ground Floor
Commercial establishment with a separate building
entrance in a multitenant building located in
the R-P, O, C-M, P-M and M zones
Wall or
Fascia
1 per
establishment
20 square
feet per sign
-----/18 inches 1. Wall Sign:
Not permitted above the plate height
elevation of the ground floor
2. Fascia Sign: Centered on
fascia, directly above establishment entrance.
Commercial establishment with a separate building
entrance in a multi-tenant building located in the R-P,
O, C-M, P-M and M zones
Suspended 1 per establishment 5 square feet per sign Minimum 8 foot clearance from finished
grade to bottom of sign/----
Underside of walkway overhang at
90 degrees to the commercial
business establishment.
May not be internally illuminated.
Office/Industrial Parks Park identification
sign
1 per each park entrance
that is located along an arterial road
75 square feet per sign 6 feet above average
grade/24 inches
Near primary park
entrances.
(See Note #1 below)
Hotels/Motels Monument 1 per
driveway entrance
60 square
feet per sign
6 feet above
average grade/24 inches
Primary
project entrance or at other strategic
location
(See Note #1
below)
Wall or
Fascia or Awning
2 Wall or
Fascia or Awning Signs per street frontage
Total sign
area for all wall, fascia or awning signs (per building)
shall not exceed 1square foot
per each lineal foot of building
frontage.
-----/24 inches 1. Fascia Sign:
Centered on Fascia. 2. Awning Sign: Over
doors or windows.
(See Note #2 below) (See Note #3 below)
(See Note #6 below)
Directional 3 per driveway entrance
6 square feet per sign 6 feet above average grade/-------
Should be located to facilitate traffic internal to the site
Professional Care Facility Monument 1 per driveway entrance
60square feet per sign 6 feet above average grade/24 inches
Primary project entrance or at other strategic location
(See Note #1 below)
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Type of Development and/or Zone
Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/Letter Height
Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Wall 1 per street
frontage
Total wall
sign area shall not exceed 1
square foot per each lineal foot
of building frontage.
----/24 inches
-------------
(See Note #3
below) (See Note #6
below)
Directional 3 per driveway
entrance
6 square feet per sign 6feet above average grade/-
----
Should be located to
facilitate traffic internal to the site
Resort Hotels Monument 1 per driveway entrance
60 square feet per sign 6 feet above average grade/24 inches
Primary project entrance or at other strategic
location
(See Note #1 below)
Wall 1 per street
frontage
60 square
feet per sign Total wall sign area shall not exceed 1
square foot per each
lineal foot of building frontage
----/36 inches
-------------
(See Note #2
below) (See Note #3 below) (See Note #6
below)
Directional 3 per driveway
entrance
6 square feet per sign 6 feet above average grade/
-----
Should be located to
facilitate traffic internal to the site
Gas/Service
Stations
Monument
1 per street
frontage
60 square
feet per sign
6 feet above
average grade/24 inches
Primary
project entrance or at other strategic
location
(See Note #1
below) Sign may
include motor fuel prices as required by
State law.
Wall 1 per street frontage 30 square feet per sign 24 inches (See Note #3 below)
(See Note #6 below)
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Type of Development and/or Zone
Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/Letter Height
Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Canopy 4 per site 10 square
feet per sign
-------/18
inches
Attached to
canopy, not to extend beyond or above the
canopy
Must be
designed as an integral part of the canopy
structure. Fuel Pump 1 per fuel
pump
2.5 square
feet per sign
---------------
Must be
attached to the fuel pump
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Pole (freeway service
stations only)
1 per site 50 square feet per sign 35 feet above average
grade/36 inches
------------- Only permitted at
freeway service stations.
Stand-alone
Theater or Cinema
Wall 1 per street
frontage
Total sign
area for all wall signs shall not
exceed 1 square feet per each
lineal foot of building frontage.
----/60 inches
-------------
(See Note #3
below) (See Note #6
below) See
Commercial centers for permitted signage for a theater that is not a stand-
alone establishment
Suspended or Projecting 1 per site 6 square feet per sign Minimum 8 foot clearance
from finished grade to bottom of sign.
Suspended- Underside of
walkway overhang at 90 degrees to
the building
Suspended may not be
internally illuminated
Attraction Board (Pole or Marquee)
1 per site 100 square feet plus 10 square feet
per screen or stage over 1, up to
a maximum of 160 square feet
per sign
Maximum pole sign height: 35 feet above
average grade/24 inches
Marquee: ------/24 inches
Marquee signs must be building
mounted.
---------------
Program Poster 1 per screen or stage 6 square feet per sign Must be building mounted.
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Type of Development and/or Zone
Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/Letter Height
Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below Government,
Church, or Private School
Wall 1 per street
frontage
40 square
feet per sign Total wall
sign area shall not exceed 1
square foot per each lineal foot
of building frontage
----/24 inches
-------------
(See Note #6
below)
Monument 1 per street frontage 60 square feet per sign 6 feet above average
grade/24 inches
Primary project
entrance or at other strategic location.
(See Note #1 below)
Directional 3 per
driveway entrance
6 square feet
per sign
6 feet above
average grade/ -----
Should be
located to facilitate traffic internal
to the site.
Public Parks, Playgrounds, Recreational Facilities,
Nature/Interpretive Centers and similar
uses
Monument
1 per street frontage
60 square feet per sign
6 feet above average grade/24 inches
Primary project entrance or at other strategic
location.
(See Note #1 below) (See Note #3
below)
(See Note #6 below)
Wall 1 per street frontage 30 square feet per sign 24 inches
Directional 3 per driveway
entrance
6 square feet per sign 6feet above average grade/
-----
Should be located to
facilitate traffic internal to the site.
Produce/Flower
Stand in the E-A, R-A and L-C zones
Wall or
Freestanding
1 per
produce/flower stand
32 square
feet per sign
Freestanding: 8
feet above average grade/24
inches
Freestanding:
Primary project entrance
Shall be
displayed only during the time
period the produce/flowers are
available for sale on the property
Nursery,
Greenhouse, Packing Shed, Stable, Riding
Academy and similar uses
Freestanding 1 per site 32 square
feet per sign
8 feet above
average grade/24 inches
Primary
project entrance or at other strategic
location
May not be
illuminated
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Type of Development and/or Zone
Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/Letter Height
Location Additional Sign Standards – See Sections 21.41.070 – 21.41.090 and those listed below P-U zone Monument 1 per street
frontage (2 signs maximum)
60 square
feet
6 feet above
average grade/24 inches
Primary
project entrance or at other strategic
location
(See Note #1
below)
Wall 1 per street
frontage (2 signs maximum)
40 square
feet
----/24 inches
-------------
(See Note #6
below)
Directional 3 per
driveway entrance
6 square feet
per sign
6 feet above
average grade/-------
Should be
located to facilitate traffic internal
to the site.
OS zone, except for uses listed elsewhere in this
table
See Section 21.41.100, Permitted
Temporary Signs
--------------- --------------- ---------------- ------------- ---------------
Note #1. Monument signs on entry walls (e.g., curved, angled or similar walls integrated into a project entry or
perimeter) are permitted. In cases where entry walls are located on both sides of an entry drive, one
sign on each wall (each at the maximum square footage) is permitted. Note #2. Building elevations on restaurants,
hotels or motels which front along or are within three hundred feet of the right-of-way of and visible from
Interstate 5, State Route 78, Palomar Airport Road or El Camino Real shall not have more than one
wall sign along those elevations.
Note #3. Illuminated wall signs are prohibited on any building elevation that faces and is within three
hundred feet of any property line that adjoins residentially zoned property.
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Note #4 Building elevations which front along or are within three hundred
feet of the right-of-way and visible from Interstate 5, State Route 78, Palomar Airport Road or El Camino
Real shall not have more than one wall sign along those elevations.
Notwithstanding the above, two wall signs along a building elevation that fronts the above-
noted corridors may be permitted under the following circumstances:
(a) A building elevation must have a minimum of one hundred fifty lineal
feet in order to have more than one wall sign along that elevation.
(b) The minimum spacing between wall signs along an elevation shall
not be less than seventy-five feet. (c) The cumulative length of all
wall sign(s) along any building elevation shall not exceed one-third of the length of that same elevation. Note #5 These sign standards supersede the
sign standards for the C-M, M and P-M zoned properties that are located within Area 4 of the El
Camino Real corridor development standards.
Note #6 Wall signs must be located below the roof line on structures with
pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall signs are
not allowed on any, equipment enclosure located above the roof line.
21.41.100 Permitted temporary signs.
Table C provides a listing of all temporary signs permitted for each type of development and corresponding zones with a sign permit. In addition to the type of sign
permitted, Table C provides the maximum number, maximum sign area per sign, maximum sign height and letter height, permitted location and other provisions. ///
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Table C Temporary Signs Permitted By Type of Development and Zone With a Sign Permit
Type of Development and
Zone
Type of Sign Maximum Number of
Signs
Maximum Sign Area Maximum Sign/Letter
Height
Location Remarks
Projects which are
under Construction in all zones
Wall or
Freestanding
1 per project 32 square
feet per sign
Freestanding: 8
feet above average grade/ -----
Must be
located on the project site. May not project into the public right-of-way.
1. May not
be illuminated. 2. Shall be removed prior to the granting of the last
Certificate of Occupancy
by the city. Real Property or project which is for rent, sale or lease –
in all zones (owner’s real property or owned
by others with owner’s consent, per California Civil
Code 713)
Freestanding 1 per property Residential Projects of 2 to 10 units:
12 square feet, Residential
Projects of more than 10 units,
Commercial, Office and Industrial
properties: 16 square feet per sign
8 feet above average grade Must be located on the property.
May not project into the
public right-of-way.
1. May not be illuminated.
2. Residential
Projects: shall be removed
from the property within 15
days from the date that all the
properties are sold or no longer for
sale, whichever occurs first. 3.
Commercial and Office/ Industrial
Properties: shall be removed
from the building or property
within 15 days after the sale,
rental or lease.
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Type of Development and Zone
Type of Sign Maximum Number of Signs
Maximum Sign Area Maximum Sign/Letter Height
Location Remarks
All Commercial, Office and Industrial zones
Interim Temporary Sign
1 per establishment 30 square feet per sign ---------------- Attached to monument or wall at the establishment location.
1. Permitted only for establishments waiting for permanent
sign construction and
installation. 2. Approval
limited to 45 days maximum or
when the permanent sign is installed whichever
occurs first. 3. A city sign permit for the permanent
sign must first be issued.
All Commercial, Office, and Industrial zones
Banner or Freestanding Signs with a Temporary
Seasonal Sales Location
Permit
1 per street frontage 30 square feet per banner or freestanding
sign
---------------- Must be located on the site of the seasonal sales
event.
Limited to the period of time specified in
the Temporary Seasonal
Sales Location Permit.
Any Public or
Private Property with a Special Events Permit (See C.M.C. Chapter 8.17)
Community Event at Public Parks/ Recreational Facilities
Pursuant to adopted city council policy regarding signs on city property
21.41.110 Construction and maintenance.
A. Construction. 1. Every sign, and all parts, portions and materials thereof, shall be
manufactured, assembled and erected in compliance with all applicable state, federal and
city regulations and the latest adopted versions of the Building Code and the National Electric Code.
B. Maintenance.
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1. Every sign and all parts, portions and materials shall be maintained and kept in good repair.
2. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair.
21.41.120 Removal of signs. A. Any sign which is unsafe, as defined herein, or which does not conform to Uniform
Building Code and National Electric Code standards, or installed or placed in the public
right-of-way or on city property contrary to the city council's policy, may be removed by any officer or employee of the city designated to do so without prior notice. Alternatively,
the city may issue a notice of nonconformance and give the sign owner and/or the
property owner fifteen days in which to cure the nonconformance. B. Any other sign that is in violation of the provisions of this chapter must be removed
by the permittee, owner or person in charge of the sign upon written notice by the city. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time
and in the manner specified by the notice.
C. The time for removal or repair shall not be less than thirty calendar days from the date of mailing the notice for permanent signs and not less than fifteen calendar days for
temporary signs. D. Within ten days of the mailing of the notice, the permittee, owner or person in charge of the sign may request a hearing before the city planner to determine whether the
sign was erected or maintained in violation of this chapter. Such request must be made in writing and received by the city within the ten days after mailing of notice.
E. Upon receipt of a written request for a hearing, the city planner shall schedule a
hearing and send a written notice by first class mail of the time, place and date for the hearing, which shall be no later than thirty days after the date of receipt of the written
request, unless the party responsible for the sign requests a later hearing date. The time
for compliance with the original order shall be stayed during the pendency of the hearing. The city planner will notify the appellant of the decision to affirm, modify or revoke the
order to remove or repair within ten days of the conclusion of the hearing; failure to give
such notice of decision shall result in the withdrawal of the notice of violation, but shall not prevent a new notice of violation being issued for a different time period from that
specified in the original notice.
F. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the city planner requiring compliance with this chapter, any expense of such
inaction shall be charged to the permittee, owner or person in charge of the sign. Such
amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of the sign who fails to pay such costs. Any costs,
including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt. G. Every person billed may request a hearing regarding the accuracy of the amount
billed. Following the hearing, the city planner shall, within ten days of the conclusion of the hearing, notify the person billed of any adjustment to the bill or any determination not to
make an adjustment. This notification shall specify the date by which such bill shall be
paid. Nonpayment becomes a lien on the property.
21.41.125 Appeal of denial or revocation.
A. Any person seeking to appeal a decision of the city planner granting or denying an application for issuance of, or renewal of, a sign permit, revoking a permit or ordering the
removal of a sign, must file a written notice of appeal with the city planner no later than ten
days after the date of the notice of the decision. The notice shall state, with specificity, the factual and legal basis of the appeal. The city planner shall expeditiously schedule a
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hearing before the planning commission and notify the appellant, in writing, of the day, time and location of the hearing, which shall be held not later than thirty days after the
notice of appeal is received by the city, unless time is waived by the appellant. The time for compliance of any original order shall be stayed during the pendency of the hearing
before the planning commission.
B. The planning commission shall hold a hearing and provide the appellant with a written decision within ten days of the conclusion of the hearing. If the approval, denial,
revocation or removal order is affirmed on review, the appellant may file a written notice of
appeal to the city council with the city clerk no later than ten days after the date of the notice of the decision. The city clerk shall then schedule a hearing before the city council,
which shall be held within thirty days of the receipt of the notice of appeal, and notify the
appellant, in writing, of the day, time, and location of the hearing; however, the hearing may be held later than thirty days upon the request or concurrence of the appellant. The
time for compliance of any original order shall be stayed during the pendency of the hearing before the city council.
The city council shall provide the appellant with a written decision within ten days
of the conclusion of the hearing. Any person dissatisfied with the city council's decision may seek prompt judicial review pursuant to California law.
21.41.130 Nonconforming signs.
A. Except for normal repair and maintenance and any modification required for NEC
compliance, no nonconforming sign shall be expanded, structurally or electrically altered (not including a change in sign face or sign copy), moved or relocated,
unless it is brought into conformance with all current provisions of this chapter.
B. When a sign, which was in compliance with all applicable laws in effect at the time it was originally erected, is physically damaged, whether by vandalism, forces of
nature or other causes, the sign may be repaired or restored to its original size,
shape, height, orientation and message; however, the repair or restoration must be done in a manner which complies with current building and electrical codes and or
the requirements of any applicable sign program.
21.41.140 Remedies and penalties.
Any sign, which has been properly removed under this chapter, may be returned to
the owner upon payment to the city of the costs of removal. If no timely request is made for hearing or if no demand is made for the return of the sign removed, the city is
authorized to destroy or dispose of the removed sign not earlier than thirty days after the
removal of such sign.
21.41.150 Violations. A. It is unlawful for any person to: 1. Install, mount, affix, create, erect, display or maintain any sign in a manner
that is inconsistent with this chapter or any permit for such sign; 2. Install, mount, affix, create, erect, display or maintain any sign requiring a
permit without such a permit; or
3. Fail to remove any sign which the community development director or designee has ordered to be removed for being in violation of this chapter.
B. Violations of any provisions of this chapter shall be subject to the enforcement
remedies and penalties provided for herein and in Chapter 1.08 of this code. The city may also pursue any civil remedies provided by law, including injunctive relief, as to signs not
in conformance with this chapter:
1. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter.
Exhibit “X” April 17, 2013
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2. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this
chapter.
21.41.160 Severability.
If any section, subsection, sentence, clause phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions of this chapter, which
shall be in full force and effect. The city council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases or parts be declared invalid or unconstitutional.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
effective until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of , 2013, and thereafter.
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Exhibit “X” April 17, 2013
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PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the day of , 2013, by the following vote, to wit:
AYES:
NOES: ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk