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HomeMy WebLinkAbout1984-07-10; City Council; 7617-1; Citizen's Committee-DraftClTY-)F CARLSBAD - AGENDPIILL 'd CITY MGR.& RECOMMENDED ACTION: Staff is recomnending that the City Council accept the draft ordinance prepared by the Subdivision Sign Comnittee and direct staff to schedule it on the next available Planning Commission agenda. ITEM EXPLANATION On January 17, 1984, the City Council directed the Land Use Planning Office to work with a Citizen's Camittee to develop an ordinance which muld provide for some form of off-site identification for subdivisions. Staff and the Cannittee (members list attached) met a n-r of times and finished a draft ordinance an April 30. The draft ordinance is attached. Essentially, the ordinance is designed to be a coaranunity directional sign program rather than an off-site subdivision ordinance. The draft muld pvide for the establishment of a number of kiosks at major intersections throughout the City. Space on the kiosks muld be leased to developers to provide their name and a directional arrow pointing toward their subdivision. These directional signs munted on the kiosks muld be consistent in size and color. Under the proposed ordinance the City Council could designate the responsiblity for leasing space on the kiosks to another agency or organization. me ordinance would also provide for the City to use space on the kiosks for the City's directional needs. The planning staff worked very closely with the amunittee and feels that if the city wants to allow some form of off-site subdivision directional signing that the ordinance could work. Staff does have sane concerns, however, that the size of the kiosks and directional signs may be larger than necessary. Also, staff would suggest that if approved, the ordinance should mntain a provision that requires any subdivision that utilizes the program to first remove all of the non-conforming subdivision signs located in the county islands. Based on comnents from the City Attorney's office, the ordinance was set-up as a temporary directional ordinance which includes a "sunset clause". Based on recent court cases, their office still feels that this ordinance may jeopardize the City's prohibition of all off-site signs (merrro from Attorney's office attached). The sign committee mderstood the City Attorney's mcems. The cornnittee felt, however, that their job as mandated by Council was to provide a workable ordinance and not to oonsider major legal or plicy issues. It was felt that these types of issues should be resolved at the Council level or returned to the amnittee for further study. If Council still feels that there is a need for off-site subdivision signs in the City, staff wuld recamnend that this ordinance be placed on the next available Planning Comnission iqenda. FISCAL IMPACT There will be no fiscal impact from Council action at this time. If the ordinance is approved it could create staffing costs for review of permits. These impacts could be mitigated through the collection of permit fees. , Page Two of Agenda Bill # 7h 17 - */ ENVIRONMENTAL REVIEW No environmental review is required at this time. EXHIBITS 1) Committee Membership List 2) Draft Ordinance 3) Proposed Kiosk Locations 4) Memo from Attorney's Office, dated May 17, 1984 3 m. -4 EXHIBIT 1 Ken Chriss Marge Howard Jones Jim Miles April Skrobiza Harry Shull A.J. Skotnicki Doug Yavanian STAFF Marty Orenyak Michael J. Holzmiller Charles Grimm SUBDIVISION SIGN COMMITTEE Chamber of Commerce League of Women Voters Chamber of Commerce Ponderosa Homes Standard Pacific Homes General Public Chamber of Commerce Director of Building & Planning Land Use Planning Manager Principal Planner 3 EXHIBIT '2 4/30/84 SECTION 21 .41.030 - DIRECTIONAL KIOSK SIGNS Purpose: The intent of this temporary ordinance is to provide directional information so that visitors to the City can easily find public places, residential neighborhoods or remote areas. The intent of this temporary ordinance is also to provide this directional information in an attractive and safe manner. (a) All directional kiosk signs as defined in Section 21.41.030 shall be located on one of the approved kiosks located at various points throughout the city. The Land Use Planning Manager shall prepare a kiosk location plan showing the possible locations where kiosks may be permitted as well as the location of possible future sites based on anticipated development. This plan shall be approved by the City Council and shall be kept on file in the Land Use Planning Office. One kiosk design will be utilized throughout the City. This kiosk design is on file in the Land Use Planning Office. The location of each kiosk shall be approved by the Land Use Planning Manager prior to construction for conformance with the kiosk location plan approved by the City Council. Kiosks may be located on private property or in the public street right-of-way. All kiosks that are to be placed on private property shall be with written consent of the property owner. Written consent shall also include a provision permitting the city, in the event of non-compliance, to enter said property and remove the sign or its attachments. A copy of said consent shall be filed with the Land Use Planning Office prior to approval of the kiosk by the Land Use Planning Manager. The actual construction of the kiosks and leasing of space on the kiosk shall be administered as directed by the City Council or the Council may designate this duty to another public or non-profit organization. The Mayor, or agency designated by the City Council shall enter into an agreement for the construction of each kiosk and for the leasing of sign space on that kiosk. The lease cost for individual signs on a kiosk shall be specific in the agreement. The lease cost shall be the same for all signs on a kiosk. Each kiosk will have Vity of Carlsbadn or the City logo displayed in a prominent location on the sign. (7) Room will be left on each kiosk for at least one directional community identification sign (La Costa, Calavera Hills, etc or a directional community service sign (city hall, library, etc.). (8) Precise kiosk locations shall be approved by the Land Use Planning Manager prior to construction to ensure compliance with the kiosk location plan and to ensure that kiosks do not interfere with safe vehicle visibility. Each approved subdivision over four units may have up to a maximum of 8 directional kiosk signs as defined in Section 21.41.030. The number and locations of directional kiosk signs for each project shall be determined following final map approval and prior to the issuance of building permit . Criteria for determining the number of directional kiosk signs should include the size of the subdivision and the location of the subdivision. If necessary, the City Council may by resolution adopt guidelines establishing more specific criteria . Individual directional kiosk signs shall be constructed to conform to the size and design of the kiosks. In no event may these signs exceed lO"x60" or in certain locations as indicated on the kiosk location plan, 12"x120." All individual directional kiosk signs mounted on the kiosks shall be consistent in color and shall be brown with routed-in white lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be all upper case letters 6" in height, or 10" upper case letters if a 12"x120" sign is permitted. Each sign may contain only the subdivision name and must contain a directional arrow. Individual signs shall be approved by the Land Use Planning Manager prior to mounting on a kiosk to ensure compliance with this ordinance. In no case shall a sign be mounted on a kiosk before building permits have been issued for the model homes. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved. Further, no other directional signing may be used such as posters, trailer signs or temporary subdivision directional signs, Any sign placed contrary to the provisions of this ordinance may be removed by the city. Upon approval by the Land Use Planning Manager, directional signs shall be permitted until the units within the subdivision are sold out or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted by the Land Use Planning Manager. A subdivision shall not be allowed any directional kiosk signs if there are any other signs advertising the subdivision anywhere in the area covered by the city's general plan, (c) The City Council may establish a fee for city review of individual directional signs that will be mounted on the kiosks . (a) This ordinance shall be effective until January 1, 1990, unless before that date this ordinance is reviewed and extended by the City Council, OCEANSIDE \ \ 1HWY 78 I SCALE CITY OF CARLSBAD SQUIRES DAY PACIFIC OCEAN /&------ KIOSK LOCATIONS (MAX. 1 08'x608' DIRECTIONAL SIGN) KIOSK LOCATIONS (MAX. 12"x 120" DIRECTIONAL SIGNS) e 0 ---0- FUTURE ROAD EXISTING ROAD KIOSK LOCATION PLAN FOR DIRECTIONAL SIGNS 7 12” w 10’ 14’ 1;;1 -10” 9 EXHIBIT 4 May 17, 1984 TO : Director of Building and Planning FROM : City Attorney PROPOSED "DIRECTIONAL" SIGNS As you know, several times in the recent past we have expressed concerns about proposed revisions to our ordinance to allow so- called directional signs. This memorandum is to report on a new case which holds that a similar sign identifying a housing subdivision was an advertising display which violated the Outdoor Advertising Act. The California Outdoor Advertising Act prohibits off-site signs which are visible from major highways. The act allows stricter local regulations. We have adopted a total prohibition on off- site signs. Our ordinance and the state law both allow exceptions for "directional or other official signs" authorized by law. Pursuant to that exception we have authorized some directional signs in the older part of the City and some community identity signs in the La Costa area. The case of Knight and Sons V. California was decided by our Fourth District Court of Appeal on May 2, 1984. In that case the Indio County Board of Supervisors, by ordinance, allowed a so-called directional sign - a sign that contained arrows directing people to the county sanitorium, a swimming and tennis club, and Bowling Green Terrace. Bowling Green Terrace was a housing subdivision. CalTrans issued a citation against the sign for violating the California Outdoor Advertising Act. The county attempted to defend itself on the basis that the sign was an authorized directional sign. After reviewing applicable state and federal regulations the court concluded there was no doubt whatsoever that the sign violated the law. To qualify as a directional sign for a privately owned activity it had to relate to a natural phenomenon, scenic attraction, historic, educational, cultural, scientific or religious site, and outdoor recreational areas. Privately owned attractions or activities had to be well known and of outstanding interest to the travelling public. A sign directing people to a subdivision simply didn't qualify. You understand, of course, that the City Council could at any time amend our ordinance to allow billboards or other off-site signs. However, as long as we intend to maintain a total prohibition we must be consistent and fair in its application. Should the City Council adopt the committee's recommendations we think it is unlikely that we could sustain a challenge to our ordinance in light of the new decision, and we think it's unlikely we could convince a court that the sign was a directional sign. Allowing it as an advertising structure while prohibiting all other off-site advertising structures would probably be deemed to be an unfair and irrational discrimination. we think it is possible to accommodate what we believe are the City Council's desires in the matter. And that is by adopting the La Costa community identity sign program on a city-wide basis. That wouldn't allow directions to specifically named subdivisions but it would allow directions to community, subcommunity or neighborhood areas. We suggest that the City neighborhoods could be identified such as Calavera Hills and the directional signs could be used to get the people to the area. Using community names rather than those of individual subdivisions will allow the sign to qualify as a directional sign provided the size of the sign was in keeping with those already allowed in other areas of the City. Please let us know if you have any questions. rmh VINCENT F. BIONDO, JR. City Attorney