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HomeMy WebLinkAbout1982-04-06; City Council; 9608; CMC 21.41 adds/amends - Signs hearing process & non-comm. onsite signsORDINANCE NO. 9608 AN ORDINANCE OF THE CITY COUEJCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.41, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 21.41.015, 21.41.081, 21.41.082, 21.41.083, 21.41.084, 21.41.085 21.41.086, AND 21.41.087 TO PROVIDE FOR A HEARING PROCESS FOR EXTENSION OF AMORTIZATION PERIODS FOR SIGNS AND BY THE AMENDMENT OF SECTION 21.41.050 TO ALLOW NON-COMMERCIAL ONSITE SIGNS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: This ordinance is a continuation of the efforts of the City of Carlsbad to regulate and eliminate certain signs and structures in the City. This ordinance supplements the regulatory provisions of Chapter 21.41 of the Carlsbad Municipal Code. The Council recognizes that strict application of the provisions of Chapter 21.41 may create hardships for certain property regulated by those provisions. Council also recognizes that this hardship must be balanced against the detriment to the citizens of Carlsbad caused by noncompliance with Chapter 21.41. While existing provisions of the code provide adequate relief from the strict application of its regulatory provisions, the Council finds that it is desirable to establish a special hearing procedure for relief from the amortization provisions of Chapter 21.41. The City Council finds that continued strict enforcement of the existing sign ordinance is necessary to protect the aesthetic quality of the city and is part of the cgty's continued efforts to promote an attractive community. The City Council recognizes that the U.S. Supreme Court in the case of Metromedia 2 4 5 6 7 E 9 IC 1: 2( 2: 21 2: 24 2; 2( 2' 2i Inc. v. City of San Diego has established certain strict criteria to ensure that regulation of signs does not unreasonably restrict first amendment freedoms. The City Council finds that no areas of the city are compatible with billboard usage because of the scenic nature of the city and its major arterials including, but not limited to, Carlsbad Boulevard, El Camino Real, Interstate 5, and Palomar Airport Road and because Carlsbad's commercial and industrial areas have been planned in such a manner that visual aesthetics are a primary concern. Older areas of the city, particularly the downtown commercial and industrial areas, which at one time may have been suitable for billboard uses are no longer suitable for that use because of the change the area is undergoing and because of the continued efforts by the city to upgrade these areas. including on-site signs and billboards is necessary to ensure that the social and aesthetic qualities of the city are maintained, to promote local business including tourism, and to enchance property values throughout the city. The Council also finds that prohibitions against off-site signs are necessary to prevent sign proliferation in the city. finds that regulations of signs both on and off-site are necessary to ensure the safe use of city streets and sidewalks and promote traffic safety. The Council finds that regulation of signs The Council further SECTION 2: Based on evidence and testimony presented at the public hearing, the Council finds that all signs and structures which have become nonconforming because of expiration of the time periods established by Section 21.41.080 of the Carlsbad Municipal Code are fully amortized and that failure to 2. 7 .I ).' 1 1 2 3 4 5 6 7 8 9 PO 11 12 9 k 0 18 19 20 21 22 23 24 25 26 27 28 immediately remove such nonconforming signs or structures will be detrimental to the public health, safety and welfare and to the intent of the citizens of Carlsbad to enhance the aesthetic quality of their city in order to stimulate economic and social benefits including tourism. SECTION 3: Title 18, Chapter 18.20 and Title 21, Chapter 21.41 are hereby readopted in their entirety except as amended by this ordinance. SECTION 4: Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the addition of Sections 21.41.015, 21.41.081, 21.41.082, 21.41.083, 21.41.084, 21.41.085, 21.41.086 and 21.41.087 to read as follows: "21.41.015 Removal of nonconforming signs. Signs or parts thereof, including sign supports, not conforming to the requirements of this code shall be abated as prescribed by law. 21.41.081 Removal of amortized signs. Signs made nonconforming by expiration of the time period established by Section 21.41.080 shall be immediately abated pursuant to the procedures established by Sections 21.41.082 through 21.41.087. 21.41.082 Declaration of amortization; Notice of Removal. (a) All signs and structures which have' become nonconforming because of expiration of applicable time period established by Section 21.41.080, are hereby deemed to be fully amortized and a public nusiance, and may be removed by any city employee at the direction of the City Manager, or his designee, upon the expiration of thirty days after written notice of such nonconformance and order of removal has been made. The actual cost of such removal shall be charged to the display owner. manner: shall be posted on the structure for sign to be removed. mail to the last known address of the display owner. shall inform the recipient of the appeal process. (b) Written notice shall be given in the following 1. Notice of nonconformance and order for removal 2. A copy of said notice shall be mailed by certified (c) Said notice shall state the date for removal and 21.41.083 Removal of sign after notice. A nonconforming sign or structure shall be removed by the date established on the order for removal. /// 3. 1 2 3 4 5 6 7 8 9 10 11 12 f3 19 20 21 22 23 24 25 26 27 28 21.41.084 Application for extension of time for removal. eay be made by the owner of the property affected or by an occupant or tenant doing business on the affected property at any time prior to the expiration of the period established by the notice. Filing an application for an extension of time shall stay the period for removal until final determination of the application. on forms provided by the City Clerk and shall be verified. information: conditions relied upon as grounds for the application. (b) The application shall be filed with the City Clerk (c) The application shall contain the following 1. A full statement of the circumstances and /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 3a. ? 1 2 1 +I 4 E E 'i E S 1c 11 12 19 20 21 22 23 24 25 26 27 28 2. A legal description of the property involved, 3. Photographs of the sign, or signs affected. 4. The date and cost of original construction. 5. other acquisition of the sign or structure. 6. maintenance to the sign or structure. 7. The average monthly gross income derived from proceeds generated from the sign or structure measured over the period of existence or ownership. 8. The current value of the sign or structure. 9. A statement of whether or not the sign has been completely depreciated for federal income tax purposes and if not, the amount remaining to be depreciated. Upon receipt of an application the City Clerk shall forward the application to the City Manager. The City Manager, or his designee, may review the application, conduct an investigation if necessary and make a recommendation to the City Council regarding the information contained in the application. The City Manager, or his designee, may seek information from any source in conducting the investigation. hearing and give notice of the time, place an purpose of such hearing in accordance with the procedures established by law. public hearing on an application for an extension of time, the City Council may by resolution deny said application or grant such an extension of time as it finds necessary to permit the applicant to recoup his investment in the particular sign involved. A grant of extension of time shall be based on findings supported by hearing testimony or other evidence that: code to a particular sign is unreasonable; code create a hardship upon the applicant which was not brought about by an act of the applicant; 3. The provisions of Section 21.50.030 of the Carlsbad Municipal Code have been satisfied; and 4. The hardship resulting from strict application of this code outweighs any detriment to the public caused by granting an extension. (b) In making a determination as to granting or denying extensions of time the City Council shall consider any evidence presented as to the following matters, but not limited thereto. 1. Age, condition and physical characteristics of sign. 2. Location. 3. Remaining economic life. 4. Depreciation treatment for income tax 5. Investment in the sign. name of the owner, or owners, of the property upon which the sign is located. The date and cost of applicant's purchase or The dates and costs of any repairs or (d) (e) The City Clerk shall set a date for a public 21.41.085 Council action. (a) After conducting a 1. Strict application of the provisions of this 2. Strict application of the provisions of this purposes . 4. 6. Monopoly or advantage resulting from the fact 7. Costs to remove the sign and salvage value. 8. Extent of nonconformity. 9. that similar new signs are prohibited. Repairs or maintenance made during the period established by Section 21.41.080 shall not be considered so as to extend the time for amortization. 21.41.086 Notice of decision. A copy of the resolution made mrsuant to this section may be filed with the City Clerk and the County Recorder of the County of San Diego and a copy shall be mailed to the applicant. The resolution need not be filed with the County Recorder if the resolution is a denial of the extension of time. 21.41.087 Decision final. The decision of the City Council, pursuant to Section 21.41.085, shall be final. SECTION 4: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the amendment of Section 21.41.050 by the addition of subsection (3)(F) to read as follows: (F) Non-commercial messages by the owner or occupant of the property. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16th day of March , 1982 and thereafter // // // // // // 5- 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Zouncil held on the 6th day of &ril , 1982 by the Eollowing vote, to wit: AYES: Council Mers Padkard, Casler, hear, Lewis and Wchin NOES: Ncme ABSENT: 2- RONALD C. PACKARD, Mayor \TTEST : A ( SEAL ) 6.