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HomeMy WebLinkAbout1984-10-16; City Council; 7617-2; Subdivision sign ordinanceCIT”7F CARLSBAD - AGEND/-IILL -d RB# 7&/7- 2 MTG. 10/16/84 DEPT. PLN TITLE: SUBDIVISION SIGN ORDINANCE ZCA-175 - CITY OF CARCSBAD CITY ATTY CITY MGR.~ RECOMMENDED ACTION: ~0th the Planning Conanission and staff are reccmnending that the City Council introduce Ordinance No. c/ 7 3 7 8 APP- ZCA-175. ITEM EXPLANATION On January 17, 1984, the City Council directed the Land Use Planning Office to work with a citizen’s carronittee to develop an ordinance which would provide for some form of off-site identification for subdivisions. Staff and the amnittee (members list attached) met a number of times and finished a draft ordinance on April 30, At that time, the City Council directed staff to schedule the proposed ordinance for a public hearing at the Planning Cmission. It was brought before the City Council as a workshop item in July, The ordinance is designed to be a cormunity directional sign program rather than an off-site subdivision ordinance. The proposed ordinance would provide for the establishment of a number of kiosks at major intersections throughout the city. Space on the kiosks would be leased to developers to provide their name and a directional arrow pintiry toward their subdivision. These directional signs mounted on the kiosks would be consistent in size and color. Under the proposed ordinance, the City Council could designate the responsibility for leasing space on the kiosks to another agency or organization. The ordinance would also provide for the city to use space on the kiosks for the city’s directional needs. The draft ordinance was heard by the Planning Cammission on September 12, 1984. The Planning Carmission liked the ordinance and proposed one change to the committee’s recammendation. This change would limit the ordinance to one kiosk type instead of two, with a 5 foot width. the kiosk design and the kiosk location plan, both attached. The Planning Carranission also approved When the City Council first looked at the draft ordinance in July, they voiced some concerns regarding the size, the n&r of kiosk locations, and the provision permitting the city to delegate the leasing of kiosk space to another public or quasi-public agency. mentioned, the Planning Comnission limited sign width to 5 feet and staff has removed some of the proposed kiosk locations and has redesignated others as possible future locations. Same of these issues have been resolved. As ENVIRONMENTAL REVIEW A Negative Declaration was issued by the Land Use Planning Manager on August 20, 1984 and approved by the Planning Cmission on Septendxr 12, 1984. I "'1 Page 2 of Agenda Bill # 7b 1 7 - There will be m fiscal impact fram Council action at this time. ordinance is approved, it could create staffing costs for review of pennits. These impactS could be mitigated through the collection of permit fees. If the DWBITS 1. city auncil Ordinance NO. 9 73 7 2. Planning Catnission Resolution No. 2346 3. Proposed Kiosk Lccations 4. Proposed Kiosk Design 5. aoPrmittee Membership List 6. Staff %port to Planning Cdssion w/atta-ts 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.41.076 PERMITTING TEMPORARY COMMUNITY DIRECTIONAL SIGNS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code be amended by the addition of Section 21.41.076 to read as follows: "21.41.076 Temporary community directional siqns. (a) The intent of this temporary section is to provide directional information so that residents of and visitors to the City can easily find public places, residential neighborhoods or remote areas in an attractive and safe manner consistent with the City's prohibition against off site advertising signs or displays. A community directional signa is a sign installed and maintained according to the provisions of this section. Other signs owned and maintained by the City of Carlsbad or the Carlsbad Housing and Redevelopment Agency shall not be subject to the provisions of this section. (b) Temporary community directional signs are permitted i all zones subject to the provisions of this section. (c) All community directional signs shall be located on one of the approved community directional kiosks located at various points throughout the City. kiosk location plan showing the locations where kiosks may be permitted. This plan shall be approved by the City Council and shall be kept on file in the Land Use Planning Office. The specifj location of each kiosk shall be approved by the Land Use Planning Manager prior to construction. Each kiosk location shall conform t the plan approved by the City Council and shall not interfere with traffic safety. (2) One kiosk design will be utilized throughout the City. This kiosk design is on file in the Land Use Planning office. (3) Kiosks may be located on private property or in the public street right-of-way. All kiosks that are to be placed c 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 ar remove the sign or its attachments. A copy of said consent shall 1 filed with the Land Use Planning Office prior to approval of the kiosk by the Land Use Planning Manager. (1) The Land Use Planning Manager shall prepare a 3 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 (4) The construction of the kiosks and leasing of space on the kiosk shall be administered by the City Council or their designee. The City Council, at their option, may designate another public or quasi-public organization to administer the construction and/or leasing of sign space on the kiosks. The lease cost shall be established by the City Council. City logo displayed in a prominent location on the sign. sign indicating the location of individual communities public buildings or public facilities or services. units may have up to a maximum of eight community directional signs as defined in Section 21.41.030. (1) The number and locations of community directiona signs for each project shall be determined by the Land Use Planning Manager after final map approval and prior to the issuance of building permit. Criteria for determining the number of directional kiosk signs shall inclue the size and location of the subdivision. The City Council may be resolution adopt guidelines establishing more specific criteria. (2) Each kiosk shall not exceed five feet in width and ten feet in height. Individual directional kiosk signs shall be constructed to conform to the size and design of the kiosks. In no event may the signs exceed 10" x 60". mounted on the kiosks shall be the same design and shall be dark brown wood with routed-in white 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. Individual community directional 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. subdivision or community and must contain a directional arrow. 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. this ordinance may be removed by the City without prior notice. community directional signs shall be permitted until the homes within the subdivision are sold or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted by the Land Use Planning Manager. directional kiosk signs if there are any other signs advertising th neighborhood anywhere in the area covered by the City's general plan. If any advertising signs are erected and not promptly remove upon demand bx the City, all kiosk signs for that subdivision shall be removed, t e lease cancelled and no refund given. (5) Each kiosk will have "City of Carlsbad" or the (6) Each kiosk shall contain space for at least one (b) Each approved neighborhood or subdivision over four (3) All individual community directional signs (4) Each sign may contain only the name of the (5) There shall be no additions, tag signs, (6) Any sign placed contrary to the provisions of (7) Upon approval by the Land Use Planning Manager, (8) A neighborhood shall not be allowed any -2- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) The City Council may establish a fee for City review of each individual community directional sign that will be mounted on the kiosks. (d) This section shall be effective until January 1, 1990, unless before that date this ordinance is reviewed and extended by the City Council. (e) This section is intended to permit off site directional signs necessary to serve the people of Carlsbad. By enacting this section the City Council does not intend to alter its total ban on all off site advertisinng signs or displays. If this section or any part of it is deemed unconstitutional all kiosks shall be immediately removed along with all directional signs permitted under this section. Any lease payment made for the time after the removal of a kiosk shall be returned to the lessee, less a charge of twenty-five percent of the lease payment which shall be retained by the City to cover its administrative costs. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCTION AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16th day of October I 1984, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 23rd day of October , 1984, by the following vote, to wit: AYES: Council I&mbers Casler, Lewis, Kulchin, mick and Prescott NOES: None ABSENT: None Y , MARY H. CASLER, Mayor ATTEST : (SEAL) 5- I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2346 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AMENDMENT, AMENDING TITLE 21 BY THE ADDITION OF, CHAPTER 21.41.076, TO THE CARLSBAD MUNICIPAL CODE, TO ESTABLISH PROVISIONS FOR A TEMPORARY DIRECTIONAL SIGN PROGRAM FOR SUBDIVISIONS. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-175 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE WHEREAS, the Planning Commission did, on the 12th day of September, 1984, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL OF ZCA-175, according to Exhibit "A", dated September 12, 1984, attached hereto and made a part hereof, based on the following findings: Find inus : 1) The proposed ordinance will provide a safe and attractive sign program. 2) The temporary sign program will provide for the directional needs of new subdivisions and will reduce the number of illegal signs in Carlsbad. 3) That adoption of ZCA-175 will not have significant impact on the environment and a Negative Declaration was filed by the Land Use Planning Manager on August 20, 1984 and approved by the Planning Commission on September 12, 1984. //// //// //// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 12th day of September, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Commissioners Farrow, . NOES : Schlehuber, McFadden and Smith. None. ABSENT: Commissioner Marcus. ABSTAIN: N~~~. ATTEST: MICHAEL J. HmkILLU, LAND USE PLANNING MANAGER PC RES0 NO. 2346 -2- 7 OCEANSIDE I Exhibit C I /HWY 78 SCALE CITY OF CARLSBAD SOUIRES DAY 8 KIOSK LOCATIONS 1 16 34'' SUBDIVISION DIRECTIONAL SIQNS 4 P Ken Chriss Marge Eoward Jones Jim Miles April Skrobiza Barry Shull A.J. Skotnicki Doug Yavanian STAFF Marty Orenyak Michael 3. Holzmiller SUBDIVISION SIGN COMMITTEE Charles Grim Chamber of Commerce League of Women Voters Chamber of Commerce Ponderosa Homes Standard Pacific Homes General Public Chamber of Commerce Director of Building c Planning Land Use Planning Manager Principal Planner STAFF REPORT DATE : September 12, 1984 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: ZCA-175 - CITY OF CARLSBAD - A proposed amendment to the Zoning Ordinance to permit signs displaying off- site directional information for subdivisions located in the City of Carlsbad. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2346 recommending APPROVAL of ZCA-175. 11. PROJECT DESCRIPTION AND BACKGROUND Because of a continuing problem with illegal off-site subdivision signs the City Council on January 17, 1984, directed the Land Use Planning Office to work with a Citizen's Committee to develop an ordinance which would provide for some form of off- site identification for subdivisions. Staff and a Citizen's Committee met a number of times and finished a draft ordinance on April 30. The draft ordinance (attached) was sent to a Council workshop on July 10th. The Council accepted the Committee's work and directed staff to schedule public hearings. The City Attorney's office has indicated that there are some legal concerns with the proposed ordinance. Based on recent court cases, their office feels that this ordinance may jeopardize the City's prohibition of all off-site signs (billboard, trailer signs, etc.). The City Council has addressed these concerns and elected to send the draft ordinance on to public hearing as it was presented by the Committee. 111. ANALYSIS Planning Issues 1) Is the proposed ordinance necessary to provide adequate identification for subdivisions in Carlsbad? 2) Will the proposed ordinance provide for safe and attractive signing? Discussion The draft ordinance is designed to be a community directional sign program rather than an off-site subdivision ordinance. The ordinance would provide for the establishment of a number of wooden kiosks at major intersections throughout the City. Plaques on the kiosks would be leased to developers and would provide only the name of the subdivision and a directional arrow pointing toward their subdivision. These directional signs mounted on the kiosks would be consistent in size and color. Location of the kiosk and the directional plaques would be reviewed by the Land Use Planning Manager prior to the mounting. Under the proposed ordinance the City Council could designate the responsibility for leasing space on the kiosks to another agency or organization. The ordinance would also provide for the City to use space on the kiosks for the City's own directional needs. The ordinance also includes a kiosk location plan whereby sign locations are predetermined by the City. The number of signs a developer may have is limited to eight and the ordinance gives the Council the ability to establish guidelines for leasing space on these kiosks if the demand exceeds the amount of sign space available. Other features include a provision that prohibits developers from leasing space if they have other illegal subdivision signs in the City, and a sunset clause. The sunset clause automatically terminates the ordinance in 1990 unless it is extended by Council. It is designed as a temporary ordinance to reduce the possibility of legal challenges against the City's other off-site sign restrictions (billboards etc.). The City Council directed preparation of this ordinance because they felt it may be necessary because there is a need for potential home buyers to locate new subdivisions in Carlsbad. The City Council also felt that the ordinance will help reduce the proliferation of illegal subdivision signs that has been plaguing the City for a number of years. The ordinance will also provide for safe and attractive signing. As mentioned, the signs will be consistent in size, color and lettering. The committee felt that dark brown wood with routed white lettering would be the most attractive and effective style. The precise location of the kiosks would be monitored by the Land Use Planning Manager to ensure that they do not affect vehicular site distance and are not a hazard to pedestrians. At their workshop on July 10, the Council indicated that they wanted staff to present the ordinance to the Planning Commission as recommended by the Committee. They did express some concerns, however, that the signs permitted were a little too large, that eight directional signs may be too many for each each subdivision, and that the City should administer the leasing rather than some other agency (which is possible under the proposed ordinance). If the Planning Commission feels that an ordinance is necessary, staff would support the draft ordinance and most of the suggestions made,by Council. Staff has attached a draft ordinance incorporating some of the changes mentioned by -2- Council. The s,ze of the kiosk under staff's proposal would be four feet wide as opposed to ten feet wide (largest) and five feet wide (smallest) under the committee ordinance. Staff has kept the committee recommendation of eight (maximum) individual signs per subdivision, mainly because the kiosks will be two sided and a developer can use two signs at one location. Staff's proposal has also kept the committee recommendation which gives the City Council the option to permit another agency to administer the leasing of the individual signs. In addition to reviewing the ordinance, the Planning Commission should review Exhibit "C", "Kiosk Location Plan", as the dots represent possible intersections where kiosks may be located. The Planning Commission may also want to comment on the proposed design of the kiosks (Exhibit "D"). Staff is recommending approval of the ordinance presented as Exhibit "A". Staff also is recommending that the Planning Commission recommend Council approval of the kiosk location plan and the kiosk design as shown on Exhibit "D". IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, issued a Negative Declaration on August 20, 1984. ATTACHMENTS 1) Planning Commission Resolution No. 2346 2) Exhibit "A", Proposed Ordinance 3) Exhibit "B", Committee's Draft Ordinance 4) Exhibit "C", Kiosk Location Plan 5) Exhibit "D", Kiosk Design 6) Sign Committee Member List 7) Environmental Documents CG:bw 8/29/84 -3- -'PAFT COMMITTEE ORDINANCE - EXHIBIT B 4130184 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. (1) 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. (2) 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. (3) 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. (4) 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. (5) 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. (6) Each kiosk will have 'City of Carlsbad" or the City logo displayed in a prominent location on the sign. !4 (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"xl20." 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"x12On 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. .I 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 . (d) This ordinance shall be effective until January 1, 1990, unless before that date this ordinance is reviewed and extended by the City Council. 0 6000' t I SCALE CITY OF CARLSBAD SOUIRES DAY A POSSIBLE FUTURE LOCATIONS ----- FIJTURE ROAD EXISTING ROAD KIOSK LOCATIONS c 5 Carlsbad Journal Decreed o Legal Newspaper by the Superior Court of Son Diego County 31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of IOCCII news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING ZCA-175 Septeir,ber" 29 e4 ............................... 19 .... NOTICE IS HEREBY GIVEN that thecity CounciloftheCityofCarls- bad will hold a puhlic hearing at the City Council Chambers. 1200 Elm Avenue, Carlsbad. California. at 6.00, on Tuesday. October 16. 1984. to consider an application for an amendment to the Zoning Ordi- nance to permit signs displaying offsite directional information for subdivisions located in the City of Carlsbad. Applicant. City of Carlsbad CJ S151: September 29. 1984 CARLSBAD CITY COUNCIL 2M-4/82 ............................. 19 .... ................................. 19 .... ................................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on thP 3c;tl.: c-F.c+n.r. ?C,l; Ob pcCI4 2 . LA +Z@Ub Clsk of the Printer NOTICE OF PUBLIC HEARING ZCA- 1 7 5 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00, on Tuesday, October 16, 1984, to consider an application for an amendment to the Zoning Ordinance to permit signs displaying offsite directional information for subdivisions located in the City of Carlsbad. APPLICANT: City of Carlsbad PUBLISH : September 29, 1984 CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Plannincj Camnission of the City of Carlsbad will hold a public hearing at the City Council Chahers, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednesday, Septenhr 12, 1984, to consider approval of a proposed anendmnt to the Zoning Ordinance to permit signs displaying offsite directional information for subdivisions located in the City of Carlsbaa. Those persons wishing to speak on this proposal are cordially invited to attend the plblic hearing. Office at 438-5591. If you have any questions please call the Land Use Planning CASE FILE: ZCA-175 APPLICANT: City of Carlsbad PUBLISH : September 1 , 1984 CITY OF mBAD PLANNING a)MMIss1oN