HomeMy WebLinkAbout2014-10-07; City Council; CS-262; Kiosk and Way-Finding Signs...EXHIBIT 1
ORDINANCE NO. CS-262
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT TO
SUBSECTIONS 11.44.060 AND 11.44.100 OF THE CARLSBAD
MUNICIPAL CODE FOR PURPOSES OF PROVIDING ADDITIONAL
FLEXIBILITY IN SIGN DESIGN; AND NAMING THE COMMUNICATIONS
MANAGER AS AN ADDITIONAL PERSON AUTHORIZED TO APPROVE
WAY-FINDING SIGNS.
CASE NAME: KIOSK AND WAY-FINDING SIGNS
CASE NO.: MCA 14-02
The City Council ofthe City of Carlsbad, California, does ordain as follows:
SECTION I: That subsection 11.44.060 of the Carlsbad Municipal Code is
amended to read as follows:
11.44.060 Real estate for sale "kiosk" signs in particular locations.
A. Intent as to Public Forum. The city's intent as to this section is to designate a
strictly limited public forum, which allows only the posting in convenient places of
directional information regarding tract housing developments which are currently
selling homes located within the city.
B. Kiosk Signs for New Tract Housing Developments. Kiosk signs are permanent
freestanding structures, not exceeding ten feet in height, seven feet in width,
which contain modular information strips, not exceeding ten inches in height, six
feet in width, providing information about tract housing developments (of more
than four units) which are currently selling new homes located within the city.
Such signs may display only the following information: the name of the
development, developer and/or marketer thereof, and the direction to the
development from the sign.
1. Each kiosk will have "City of Carlsbad" and the city logo displayed in a
prominent location on the sign.
2. One kiosk design will be utilized throughout the city. This kiosk design is on file
in the planning division. All tract housing development signs mounted on the
kiosks shall be the same design and shall be white wood with contrasting
reflective lettering. Letters shall be consistent in size, width and thickness of
print. Letters shall be all upper case letters not more than six inches in height.
3. Individual tract housing development directional signs must be approved by
the city planner prior to mounting on a kiosk to ensure compliance with this
section. In no case shall a sign be mounted on a kiosk before building permits
have been issued forthe model homes.
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4. There shall be no additions, tag signs, streamers, devices, display boards,
runners or riders or appurtenances added to the sign as originally approved.
Further, no other off-site directional signing may be used such as posters,
trailer signs or temporary subdivision directional signs.
5. Any sign placed contrary to the provisions ofthis section may be removed by
the city without prior notice.
6. Each approved tract housing development may have up to a maximum of eight
directional signs. Upon approval by the city planner, directional signs shall be
permitted until the homes within the housing development are sold or for a
period of one year, whichever comes first. Extensions not exceeding one year
may be granted by the city planner.
7. A tract housing development neighborhood shall not be allowed any
directional kiosk signs if there are any other offsite signs advertising the
housing development anywhere in the city. If any advertising signs are erected
and not promptly removed upon demand by the city, all kiosk signs for that
subdivision shall be removed, the lease cancelled and no refund given.
C. Private Contractor for Management of the Kiosks. The city may enter into a
contract with a private contractor to design, erect, modify, replace, maintain and
manage the kiosk signs allowed by this section. Such contract must be approved
by the city council, and may require that the contractor pay to the city a rent or
royalty on advertising revenues. All the terms of said contract, and all payments to
the city hereunder, shall be public information.
D. Insurance Requirement. In the event the city selects a private party contractor to
manage the kiosks, the city may require the private party contractor to provide
evidence of comprehensive general liability insurance coverage, in a form
satisfactory to the city planner and risk manager, which shall name the city as an
additional insured, and provide thirty days notice to the city of cancellation. The
minimum liability coverage on such policy shall be one million dollars. Any private
party contract must include a provision for the contractor to hold harmless,
defend and indemnify the city against all claims relating to property damage or
personal injury, including death, which assert that the kiosk sign played any legally
significant role in the creation ofthe liability.
E. Allowable Locations. The kiosks allowed by this section may be located only as
shown on the approved location map on file with the planning division. The city
planner is authorized to approve the relocation of kiosks shown on the approved
map to better serve the needs of new development.
SECTION 11. That subsection 11.44.100 of the Carlsbad Municipal Code is
amended to read as follows:
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11.44.100 City-wide way-finding signs.
A. Intent as to Public Forum. The city's intent as to this section is to designate a
strictly limited forum, which allows the city to post way-finding (directional) signs
on city property to guide residents and visitors to public buildings or facilities,
quasi-public buildings, city neighborhoods, philanthropic organizations,
cultural/historical destinations, tourist destinations and points of public interest
throughout Carlsbad. Other uses, locations or destinations may be allowed to post
way-finding signage if approved by resolution of the city council.
Way-finding signs are expressly permitted for the following
buildings/facilities/uses:
1. Public buildings and facilities: City of Carlsbad, county, state and federal
buildings;
2. City facilities: city buildings, uses, parking lots, golf course, parks and trails,
etc.;
3. Quasi-public buildings: chamber of commerce, Carlsbad Visitors Center, train
stations;
4. Cultural/historical destinations: museums;
5. Points of public interest: city lagoons, ocean beaches, nature/interpretive
centers, the flower fields, the strawberry fields, Legoland, the Village Area;
6. City entries and neighborhood entries; and
7. Philanthropic organizations: Lions Club, Rotary Club, Kiwanis Club, etc.
B. The following way-finding signs may be allowed if approved by resolution of the
city council:
1. Tourist destinations;
2. Locations or destinations where way-finding signage would be of public
benefit; and
3. Way-finding signs designed as archway signs located over major roads within
the city.
C. The design and location of the city's way-finding signs shall be as approved by the
city planner, city engineer, city traffic engineer, and communications manager.
D. All way-finding signs shall be installed by the city.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and Cause the full text
ofthe ordinance or a summary ofthe ordinance prepared bythe CityAttorney to be published
at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 23rd day of September 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on
the 7th day of October 2014, by the following vote, to wit:
AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
(I
CELIAA. BREWER, CityAttorney
MATT HALL, Mayor
ATTEST:
BARBAiR/Oi.ENGLE^N, City ClerlT
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CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-262
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is published
and a certified copy of the full text is posted in the Office of the City Clerk at least five
days prior to the Council Meeting at which the Ordinance is adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the Ordinance,
and a certified copy of the Ordinance be posted in the Office of the City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government Code, I do
hereby certify as follows:
1.) That the adoption of Ordinance No. CS- 262 is to be considered at the
City Council Meeting to be held on the 7th day of October, 2014.
2.) That a certified copy of the full text of Ordinance No. CS-262 was posted in
the City Clerk's Office on the 2nd day of October, 2014.
3.) That a summary of the Ordinance was published in the Union
Tribune on the 2nd day of October, 2014.
DONNA HERATY, Deputy City
Dated: October 2, 2014
(Seal)
Certification of Posting and Publication of Ordinance No. CS-262
Page 2
4.) That Ordinance No. CS-262 was adopted on the 7th day of October,
2014
5.) That a certified copy of the full text of Ordinance No. CS-262, showing the
names of those who voted in favor and against the Ordinance was posted
in the City Clerk's Office on the 8th day of October, 2014.
6.) That a summary of the Ordinance, showing the names of those who
voted in favor of and against the Ordinance was published in the
Union Tribune, on the 13th day of October, 2014.
SHELLEY COLLIN , Assistant City Clerk
Dated: October 9, 2014
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