HomeMy WebLinkAbout2000-11-21; City Council; NS-562; Ord NS-530 ext. - Large freestanding signs...1
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ORDINANCE NO. NS- SC2
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA EXTENDING
URGENCY ORDINANCE NO. NS-530 AS AMENDED
PROHIBITING THE ISSUANCE OF SIGN PERMITS FOR,
AND/OR PLACEMENT OF LARGE FREESTANDING
SIGNS FOR UP TO ONE YEAR.
WHEREAS, at its regular meeting of January 18, 2000, the City Council
adopted Urgency Ordinance No. NS-530 prohibiting the issuance of sign permits for
and/or the construction, erection, placement or alteration of large freestanding signs
pending a report and recommendations of staff; and
WHEREAS, said interim ordinance, as amended, was extended by a four-
fifths vote of the City Council for up to ten (10) months and fifteen (15) days; and
WHEREAS, Government Code section 65858(a) authorizes a subsequent
extension of said interim ordinance, after notice and hearing, by a four-fifths vote of the
legislative body for up to one year; and
WHEREAS, the City Council finds that in order to protect the public safety,
health, and welfare it is necessary to extend said interim ordinance as amended for up
to one year, or until staff reports their completed recommendations to the City Council
and it acts upon them, whichever comes first.
NOW, therefore, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That the above recitals are true and correct.
SECTION 2: That Ordinance No. NS- 562 as amended herein is
extended for up to one year to read as follows:
a) That pending review and study and a report or recommendation of the
Planning Department and the Planning Commission, no sign permit shall be issued for the construction, placement, erection, or alteration of any freestanding sign with either (i) any
dimension of greater than eight feet (including any support structures and framing), or (ii) with a
sign face area of greater than thirty-five square feet (including any support structures and
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framing), nor shall any such structure be constructed, erected, placed, or altered, except for a
change of copy on existing signs, within the City of Carlsbad.
b) That signs constructed and erected in accordance with a sign program
approved prior to the December 14, 1999 adoption of this ordinance shall be exempt from this
moratorium and the limitations in section a) above, and that sign program and/or sign permit
applications deemed complete prior to December 14, 1999, but not yet acted upon, shall be
exempt from this moratorium and the limitations in section a) above.
c) All other signs shall be subject to the existing time, place, and manner
restrictions of the Municipal Code.
d) Non-commercial speech on signs, defined as that which does not propose a commercial transaction as its prevailing thrust, shall be permitted in each instance
and under the same conditions in which the code permits any sign.
DECLARATION OF URGENCY: This ordinance is hereby declared to
be an emergency ordinance adopted as an urgency measure to protect the public
health, safety and welfare and shall take effect immediately upon termination of the
prior interim ordinance. The facts constituting the emergency are those set forth in
Agenda Bill 15,546 dated December 14, 1999 on file with the City Clerk and made a
part hereof and represent a current and immediate threat to the public health, safety
and general welfare of the citizens of Carlsbad.
EFFECTIVE DATE: This ordinance as amended shall be effective
immediately upon passage and shall be of no further force and effect one year from the
date of its adoption, or at such time as staff completes their study and
recommendations to City Council and it acts upon them, whichever comes first.
At least ten days prior to the expiration of this interim ordinance, the City
Council shall issue a written report describing the measures it has taken to alleviate the
conditions which lead to the adoption of this ordinance. The City Clerk of the City of
Carlsbad shall certify to the adoption of this ordinance and cause it to be published
once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
SEVERABILITY CLAUSE: If any section, subsection, sentence, clause,
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phrase or part of this ordinance is for any reason held to be invalid or unconstitutional
by the final decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining parts of this chapter. The City Council hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or part thereof irrespective of the fact that any or more sections, subsections,
clauses, phrases, or parts be declared invalid or unconstitutional.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
Carlsbad City Council on the 21st day of November , of 2000, by the
following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin.
NOES: None
ABSENT: None
II APPROVED AS TO FORM AND LEGALITY
RONALD R. BAL; . C&y Asy . .
Mayor
M. WOOD, City Clerk
(SEAL)