HomeMy WebLinkAbout1983-05-17; City Council; 9674; CMC 21 amends - Signs consistent w/1982 CA statutes chap 494EXKIBIT "A"
MARcH,25,. 1983 , .- -
ORDINANCE NO. 9674
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
VARIOUS CHAPTERS AND SECTIONS TO BRING THE
PROVISIONS OF THE CARSLBAD ZONING ORDINANCE
PERTAINING TO REGULATION OF SIGNS INTO
CONSISTENCY WITH CHAPTER 494 OF THE CALIFORNIA STATUTES OF 1982.
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 in a manner which is consistent
with the provisions of state and federal law. The City Council,
therefore, determines that the facts, findings and conclusions
made by the City Council when it adopted Ordinance No. 9608 are
are still true and the City Council hereby reaffirms the facts,
findings and conclusions contained in Sections 1 and 2 of
of Ordinance No. 9608.
SECTION 2: That Title 21, Chapters 21.07, 21.08,
21.09, 21.10, 21.12, 21.14, 21.16, 21.18, 21.24, 21.25, 21.26,
21.28, 21.29, 21.30, 21.32, 21.34, 21.36, 21.37, of the
Carlsbad Municipal Code are amended by the addition of Sections
21.07.020 (13), 21.08.010 (9), 21.09.020 (6), 21.10.010 (lo),
21.12.010 (6), 21.14.010 (5), 21.16.010 (7), 21.18.020 (19),
21.24.010 (5), 21.25.030 (23), 21.26.010 (28), 21.28.010 (8),
21.29.030 (4), 21.30.010 (27), 21.34.010 (6), 21.36.020 (12),
21.37.020 (5) respectively, all of which additional subsections
shall read as follows:
"Signs subject to the provisions of Chapter 21.41 .I'
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SECTION 3: That Title 21, Chapter 21.41 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.41.010 to read as follows:
21.41.010 Application - Violation. (a) The provisions of this chapter shall apply
generally to all zones established by this title.
(b) It is unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use or maintain any
sign within the City, or cause or permit the same to be done,
contrary to or in violation of any of the provisions of this chapter. Any person, firm, or corporation violating any of the provisions of this chapter shall be punished according to the provisions of Chapter 1.08 of the Code. And each such person,
firm, or corporation is guilty of a separate offense for each
and every day or portion thereof during which any violation of
any of the provisions of this chapter is committed, continued or
permitted. In addition, any sign maintained, used or permitted
contrary to the provisions of this chapter shall constitute a
public nuisance.
SECTION 4: That Chapter 21.41 shall be amended by the
addition of Section 21.41.088 to read as follows:
21.41.088 Special Provisions for Certain Off Premises Advertising Displays. (a) This section is adopted pursuant to the provisions of Chapter 494 of California Statutes of 1982. (b) This section shall apply to all off-premise advertising displays which were lawfully erected prior to November 6, 1978 in compliance with state laws and local ordinances in effect when the displays were erected or to any display lawfully erected after November 6, 1978 provided that the display has been maintained in full compliance with the law or ordinance which permitted its erection. Any sign which was lawfully erected after November 6, 1978 and which has become illegal pursuant to the law under which it was erected may be removed pursuant to the provisions of this code for the removal of any other illegal sign.
owners of any advertising displays subject to the provisions of
this section and located on land shown on the general plan as
residential or agricultural, and to the owner or owners of the
land on which this display is located, that such display shall be
removed after the expiration of the time period established
according to this section.
upon expiration of the period of years after notice to remove has
been given, established in the following schedule:
(c) The City Manager shall give notice to the owner or
(d) Off-premise advertising displays shall be removed
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FAIR MARKET VALUE ON DATE YEARS ALLOWED
OF NOTICE TO REMOVE BEFORE REMOVAL
Under $1,999 2
$2,000 - 3,999 3
$4,000 - 5,999 4
$6,000 - 7,999 5
$8,000 - 9,999 6
$10,000 and over 7
(e) The fair market value on the date of the notice to remove shall be established by the Director of Building and Planning and shall be included by the City Manager in the notice to remove.
(f) The owner of the sign or the property upon which
it is located may appeal the determination of the fair market value on the date of the notice to remove to the City Council in writing within thirty days after the date that the notice by the City Manager is mailed. An appeal to the City Council shall not
affect the date of the notice to remove for the purposes of
calculating the time for removal.
EFFECTIVE DATE: This Ordinance shall be effective
thirty days after its adoption and the City Clerk shall 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 adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 3rd day of I
19 83 , and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 17th day of WY 1983 by
the following vote, to wit:
AYES :
NOES : None
ABSENT: Council &mkr Kulchin
Council P&nhrs Casler, Lewis, Chick and Prescott
ATTEST :
4.