HomeMy WebLinkAbout1999-12-14; City Council; NS-526; Urgency Ord - Prohibit sign permits issuance & large freestanding signs...' /I 0 0
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ORDINANCE NO. NS-526
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, TO
PROHIBIT THE ISSUANCE OF SIGN PERMITS FOR,
AND/OR THE PLACEMENT OF LARGE
FREESTANDING SIGNS WITHIN THE CITY
WHEREAS, the City Council has carefully considered the issues pre'
in the attached agenda bill and the recommendations of its staff; and
WHEREAS, there are a number of freestanding signs
within the City as well as contemplated signs and pending sign permits which wo
subject to the sign standards in Chapters 21.41, 18.20 and the Carlsbad
Redevelopment Master Plan referenced in Chapter 21.35; and
WHEREAS, the construction, placement, erection, or alteration o
12 am signs would change the character of the neighborhood and cause needless expen: sug m> .Az& 13
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zum$ study the City's sign code provisions and consider appropriate revisions; and
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<OS! "u2 inconvenience if that signage were later determined to be illegal or inappropriate; anc
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WHEREAS, staff has been directed to expeditiously report E:$
WHEREAS, the City Council has determined that staff should be dire1
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WHEREAS, in order to maintain the status quo and preserve the
safety, and general welfare pursuant to Government Code sections 65858 and 369:
necessary for this ordinance to take effect immediately.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does or(
follows:
SECTION 1: That the above recitals are true and correct.
SECTION 2: Moratorium:
a) That pending review and study and a report or recommendation
Planning Department and the Planning Commission, no sign permit shall be issued
construction, placement, erection, or alteration of any freestanding sign with either
dimension of greater than eight feet (including any support structures and framing)
with a sign face area of greater than thirty-five square feet (including any support strl
and framing), nor shall any such structure be constructed, erected, placed, or i j except for a change of copy on existing signs, within the City of Garlsbad.
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b) All other signs shall be subject to the existing time, place, and n
restrictions of the Municipal Code.
c) Non-commercial speech on signs, defined as that which do
propose a commercial transaction as its prevailing thrust, shall be permitted ir
instance and under the same conditions in which the code permits any sign.
SECTION 3: Following the adoption of this ordinance, the City Counc
hold a public hearing on January 18, 2000, to consider extending this ordinance fo
10 (ten) months and 15 (fifteen) days pursuant to Government Code section 658
The City Clerk is directed to notice the hearings as required by Government Code !
65090.
SECTION 4: The City Council may amend this ordinance from time
if it finds there are changed circumstances in the facts that led to its adoption.
DECLARATION OF URGENCY: This ordinance is hereby declared tc
12 ocn emergency ordinance adopted as an urgency measure to protect the public health,
an8 Juw: and welfare and shall take effect immediately upon its adoption. The facts constitut
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Ed2 emergency are those set forth above and represent a current and immediate threal
6523 public health, safety and general welfare of the citizens of Carlsbad.
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EFFECTIVE: This urgency ordinance shall be effective immediatel:
0 18 passage and shall remain in force and effect until the City Council has re1
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considered, and acted upon the Planning Commission recommendation for a zonl
amendment of Chapter 21.41 pertaining to signs, and any corresponding amendm
Chapter 21.35 including the referenced Carlsbad Village Redevelopment Master PI:
the Sign Code in Chapter 18.20.
SEVERABILITY: If any section, subsection, sentence, clause, phf
part of this urgency ordinance is for any reason held to be invalid or unconstitutional
final decision of any court of competent jurisdiction, such decision shall not affi
validity of the remaining parts of this urgency ordinance. The City Council hereby d
that it would have adopted this urgency ordinance and each section, subsection, sel
clause, phrase or part thereof irrespective of the fact that any one or more of the sf
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subsections, sentences, clauses, phrases or parts are declared invalid or unconstituti
Furthermore, if the entire Ordinance or its application is deemed inval
court of competent jurisdiction, any repeal of the Carlsbad Municipal Code t
Ordinance will be rendered void and cause such Carlsbad Municipal Code provi:
remain in full force and effect for all purposes.
INTRODUCED PASSED AND ADOPTED at a regular meeting
Carlsbad City Council on the 14th day of DECEMBER , 1999, by the following vote, tc
AYES: Council Members Lewis, Hall, Finnila, Nygaard, Ku:
NOES: None
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ATTEST:
ALmA L.k&J?EN@NZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
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