HomeMy WebLinkAbout2000-01-18; City Council; NS-530; Urgency Ord (+NS-526 ext.) - Sign permits issuance & large freestanding signs....e 0
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ORDINANCE NO. NS-530
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA EXTENDING
PROHIBITING THE ISSUANCE OF SIGN PERMITS FOR,
AND/OR PLACEMENT OF LARGE FREESTANDING
SIGNS FOR TEN MONTHS AND FIFTEEN DAYS
WHEREAS, at its regular meeting of December 14, 1999, the Ci
adopted Urgency Ordinance No. NS-526 prohibiting the issuance of sign p
andlor the construction, erection, placement or alteration of large freestanc
pending a report and recommendations of staff; and
URGENCY ORDINANCE NO. NS-526 AS AMENDED
WHEREAS, Government Code section 65858 authorizes ext
said emergency interim ordinance, after notice and hearing, by a four-fifths v
to ten (1 0) months and fifteen (I 5) days; and a subsequent extension once
one additional year; and
WHEREAS, this ordinance is adopted pursuant to Governm
section 65858(a) allowing the extension of,such urgency ordinance as amen
four-fifths vote of its legislative body for ten (IO) months and fifteen (1 5) da,
staff reports its recommendations to the City Council,
NOW, therefore, the City Council of the City of Carlsbad does
follows:
SECTION 1: That the above recitals are true and correct.
SECTION 2: That Ordinance No. NS-526 as amended
extended ten (I 0) months and fifteen (1 5) days to read as follows:
a) That pending review and study and a report or recommendation of the Planning t and the Planning Commission, no sign permit shall be issued for the construction,
erection, or alteration of any freestanding sign with either (i) any dimension of greate
feet (including any support structures and framing), or (ii) with a sign face area of g
thirty-five square feet (including any support structures and framing), nor shall structure be constructed, erected, placed, or altered, except for a change of copy signs, within the City of Carlsbad.
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b) That signs constructed and erected in accordance with a sis
approved prior to the December 14, 1999 adoption of this ordinance shall be exeml moratorium and the limitations in section a) above, and that sign program and/or applications deemed complete prior to December 14, 1999, but not yet acted upc exempt from this moratorium and the limitations in section a) above. c) All other signs shall be subject to the existing time, place, a
restrictions of the Municipal Code.
d) Non-commercial speech on signs, defined as that which
propose a commercial transaction as its prevailing thrust, shall be permitted in ea(
and under the same conditions in which the code permits any sign.
DECLARATION OF URGENCY: This ordinance is hereby d
be an emergency ordinance adopted as an urgency measure to protect
health, safety and welfare and shall take effect immediately upon its adop
facts constituting the emergency are those set forth in Agenda Bill 15,!
12/14/99 on file with the City Clerk and made a part hereof and represent a c
immediate threat to the public health, safety and general welfare of the
Carlsbad.
EFFECTIVE DATE: This ordinance as amended shall be
immediately upon passage and shall be of no further force and effect after tc
and fifteen days of the date of its adoption unless extended by the Ci.
according to law.
At least ten days prior to the expiration of this interim ordinanc
Council shall issue a written report describing the measures it has taken to al
conditions which lead to the adoption of this ordinance. The City Clerk of '
Carlsbad shall certify to the adoption of this ordinance and cause it to be
once in a newspaper of general circulation in the City of Carlsbad within fi
after its adoption.
I SEVERABILITY CLAUSE: If any section, subsection, sentenc
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phrase or part of this ordinance is for any reason held to be invalid or uncol
by the final decision of any court of competent jurisdiction, such decision shal
the validity of the remaining parts of this chapter. The City Council hereby de
it would have adopted this ordinance and each section, subsection, sentenc
phrase or part thereof irrespective of the fact that any or more sections, SL
clauses, phrases, or parts be declared invalid or unconstitutional.
INTRODUCED, PASSED AND ADOPTED at a regular meet
Carlsbad City Council on the 18th day of January , of 20(
following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, and Nygaaz
NOES: None
ABSENT: Council Member Kulchin
APPROVED AS TO FORM AND LEGALITY
(SEAL)
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