HomeMy WebLinkAbout1988-09-27; City Council; 9658; CITIZEN REQUEST: PROPOSAL FOR AMENDMENTS TO CAMPAIGN SIGN ORDINANCE. -
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D
MENTS TO CAMPAIGN SIGN ORDINANCE C wclTlzEN REQUEST: PROPOSAL FOR AMEhlD- AB# T(~s8
MTG. 9-27-88
OEPT. R/AG C
RECOMMENDED ACTION:
Consider proposed amendments to Campaign Sign Ordinance and take a
action.
ITEM EXPLANATION:
Mr. Cirard "Lefty" Anear is requesting two amendments to the Campaic
Ordinance. The first request is to eliminate the five-day written notic removal of non-conforming signs and to authorize the immediate removc
Director of Building and Planning, or his designee. The second requl
allow the placing of campaign signs in the right-of-way of vacant proF
in the right-of-way at the rear of property where the property abuts
tor or arterial street.
FISCAL IMPACT:
None other than staff time.
EXHl BITS :
1.
2.
Letter from Cirard W. Anear to Ray Patchett, dated September 16
Carlsbad Municipal Code Sections 21.41.10-21.41.160 - Campaign 5
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L,,e ,la;~ni 0, sign~ in the ri_lit-of-h*2;7 of vzcant ;:ra;erty ST
c? +.p? ri::!--t-of--,<zy - at. t:.2 rear of ;.;ro;;art~;, v:?iere t;ie prcier'
s:ye?t.E 52~;i~n~ter: 2s collector or zr$eriz! s vi:: t.?- P~JC, ti12 c -- ;-".
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ti-ar. t';~ oi.~pr w',iOr(?. A1 bile f~ci~t; y~rd or buiine.es fronts CT, t?,?
mentioned riLh$-of-way* Si~nz my bs ?lazed in t-,e rili t-cf-
tic.ievel.oiJed. ;rr_n?rty or who-) resi5Pntizl or cc~;~rcFai Lnt;: <
streets d;si;nat?d 8s czlltztor OF art5rial ~trests v.Lt!?c~it t
.raI. cf t:;o 2ro;erty ntinir or prson in 2cssossion.
.nett cn 21 .dl *I62 .? dm2zig Sicns
(e) ',"!le director of buildin5 and :Jla.r,nir!z cr hiz desi~r:
representative (5) are ]:ereby athorized to imme'iat=ly raaovs
21 *4; *14? t:xt exceed th? sizj ro;-ulz.tior,s fcr t1-P ;c.rti:.:3~it
iLle~;l *? cr i7,J.eytl ly ~.1;,.* 35 Fj.:-nz - as 22~ s~~tic.:; ~l: ri.dT.1;:
wherz the signs SPF? ].oca.t2rl. n ~,h.? Cep7si.t ray be user! to d?fr
cost of removal. A minimum of ten rl.ollars 2er si,cr, shsll. be
?lie &nJQunt ChzrGec! for t!is removal of si,ps vio!atinL section
21~41 *13n t:_;rc,uzilt 21 .dl *16? s?.iLl ccver all city sect?.
bdd& Girard ,. bee .';mar
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ier the city planning commis 21.4-1.130 Campaign sjgns--Size
regulations- R esi d en t ja
regulations.
No politicd signs shail be located
in the city unless they shall conforn
(a) No sign shall exceed the size
lished by this setrion for the zone 01
(I) Any residentially zoned pror
not limited to R-I. R-2. R-.
, RMHP and R-DM-six square feet
(2) Any cominercially or indust
21.41.1 10 Campaign signs-Purpose and property except R-P-sixteen squar
(3) Nowithstanding subparaga(
no sign located in the public right-
exceed six square feet.
fb) Double faced signs as d.efined
ter may be pemitted-
(c) Signs on private property mi
at least five feet from the front p
Provided funher. that in the Cast 0
SUCfr Signs must be Placed at 'east f
the propeny lines of the intersectin
the signs shall be located at least fi
side propeny lines. (d) No sign shall exceed three :
feet in hei@t in the front setback a
shall exceed six feet in height in an the sign is attached flush to an!' t
mC3JUrCmCnt shall be taken from
level 10 the topofthe sign. In no eve
exceed the height of the building t
attached.
(e) The total area of 311 politic
single lot or parce! of propeny sha
the lirniu established by subsectic
(a)(2). (Ord. 5097 9 2 (part). 1983)
21.41.140 Campaign signs in pu
Notwithstanding any other pro
code, a campaign sign may be plat'
lic right-of-way adjacent to 3 PU
WIIO~~~
and the failure to immediately lowing regulations:
remove, :he at
shall be paid to t
intent of provisions.
It is :he intent of Sections 21.41.110 through
21.41.160 to exempt campaign signs from the
regulations of this chapter relative to the place-
ment of outdoor advcnising signs in all zones of
the city, and to thereby encourage participation
by the ejectonte in political activity during the
period of political campaigns. but to permit such
uses subject to regulations that will assure that
political signs will be located. constructed and
removed in a manner so as to assure the public
safety and general welfare and to avoid the cpca-
tion of a pubiic nuisance caused by the prolifera-
tion of political advertising which would be
offensive to the senses and would interfere with
the comfort and enjoyment oflifc or propenpr. It
is the purpose of the council, in adopting these
Sections 21.41.1 10 through 21.41.160 to provide
such regulations as will contribute to the public
safety and general weifarc and insure the right of
political expression to ail members of the cum-
munity. (Ord. 8097 5 2 (pan), 1983)
21.41.120 Campaign signs-Permitted
w hen-Regulations gcntmlly.
Notwithstanding any other provisions of this
chapter, campaign signs are permitted in any
zone listed in the city subject to the regulations
set forth in Sections 21.41.130 through 21.41.160.
(Ord. 8097 4 2 (part). 1983)
way.
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681
0 m 2 1.4 I. 140
commercially or industrially zoned areas Or
dong pnme or major arterials in residentially
zoned ares subject to the foilowing restnctions:
(a) No sign shall be attached to any uulity
pole. bus bench. pole Or Structure supporting a
trarlic control sign or device. or hydrant.
(b) No sign shdl be placed on any tree or
shrub by any nul. tack. spike or other method
which will cause physical hum to the tree or
shrub.
(c) No sign shdl be placed in such a manner as
10 obstruct the public use of the sidewalk or
interfere with the visibility of penons operating
motor vehicles or consritute a hazard to penons
using the public road or right-of-way.
(d) No sign shdl be placed in the roadway or
on the sidewalk.
(e) No sign shall be placed in that ponion of
the public right-of-way or esement past the side-
walk without the cocsent of the adjoining prop-
eny owner or person in possession if different
than the owner. (Ord. 8097 9 2 (pan). 1983)
21.41.150 Campaign signs-Time limit for
posting and removal.
(A) Candidates for state or national
and/or their local campaign ~~[nr
chimen:
(B) State chairmen and/or local chim
campaign cornminets for or against any m,
appearing on the ballot for statewde e!ect
(b) Pnor to the posting ofany campwgn
the candidiate. the charman ofa campagr
rnittee or any other person designated
candidate or chaman cvho is responsibiie
posting of said sign, shall obtiun a campai
permit. The permit. on a form prescnbed
director of building and planning, shall I
the name, address and phone number
candidate or campaign chairman and any
responsible ;or the posting of signs. The
shall be signed by the candidate, chain
pnon responsible for the posting of the
(c) A fee set by city council resolution
, paid at the time the application for the p
made. The fee shdl be used to defny the
issuing the permit and administering !
21.4 1.1 IO through 2 1.4 1.160.
(d) A deposit of two hundred dollan
paid at the time the permit is issued. This
shall be refunded to the permittee wit
Campaign signs may be posted not more than days after the removal of the permittee
thirty days prior to the date of an election and paign sign or signs. If the permittee c shall be removed within ten days immediately remOve the signs as rcquired by Section 2 thereafter. (Ord. 8097 0 3 (pan), 1983) and this section. the signs may be remove
director of building and planning after gi 21.J1.160 Campaign signs-Sign permit notice specified in subsection (e). The
may be used to defray rhe cost of rem0
director of building and planriing n
charge any expense incurred hereundc
permittee after complying with the pro\
Sections 18.20.080(c) ofrhis code. Any C or campaign committee which is able
financial inability to pay the deposit rec
this subsection may request a waiver
city council.
(e) The director of building and Pi;
hereby authorized. after gving five da!
notice to the person or penons who 5;
sign permit. to remove any campaign :
requked-Scopc-KemovaI
aut hoked when.
The procedure for the approval of campaign
signs is as follows
(a) The toning enforcement olfictr shall
notify the following of the political sign require-
menu as provided herein:
(I) Local election:
(A) Candidates for local or county ofice:
(8) Chairmen ofcampaign committees for or
against any measure appearing on the bailot for a
local or county ejection: ' (2) State or national o~cc:
682
0 0
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do not conform to the standards herein provided.
If the owner or occupant of the properry on
whch the sign is located in present. the zoning
enforcement ofIicer shall inform him of the
intention to remove the sign and the possibility
ofthe charges for removal of the sign. The cost of
such removal may be charged to the permittee as
provided in Section 18.20.080(c) of this code.
(Ord. 8102 5 1, 1984; Ord. 8097 Q 2 (part), 1983)
21.41.1 70 Constitutionality.
If any section, subsection, sentence, clause or
phrase ofthis chapter is for any reason held to be
invalid, such decision shall not affect the validity
of the remaining ponions of' this chapter. fhe
councii deciares that it would have adopted the
chapter and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact
that any one or mure sections. subsections, sen-
tences. clauses or phrases be declared invalid.
(Ord. 8097 5 2 (pan), 1983)
(
683
tXViBlT 2 w 0
SEPTEHBER 27, 1988
TO: (DWNITY DEVELOPMENT DIRECTOR
FRM: COO€ ENFORCEHENT OFFICER
REGARDING ATTACHED AGENDA BILL - PROWSED CHANGES TO CAMPAIGN SIGN ORDIN
Mr. Anear's letter complains of:
Hosp Grove banners and other signs not being removed in a speedy fashion
Keep in mind that Mr. Anear was opposed to the stand these sign: took on Hosp Grove.
Mr. Anear has a reasonable complaint regarding how difficult the action remove these signs. No one would admit lo erecting them. The proponents initiative claimed they had nothing to do with the erection of these
They were the only persons who had obtained a permit for campaign sig
favored the initiative. The property owners did not erect the signs E The signs were not under permit of any kind and fell under a separate s
of the Code which required a minimum of 15 days notice prior to th removing them. The campaign sign ordinance addresses the removal of oer signs only, not umerrnitted signs. This is one item I have addressed
past as a needed changes (please see attached memo to Community Devel Director, dated August 31, 1987).
Mr. Anear's suggested changes to the Carlsbad Municipal Code are as foll
SECTION 21.41.140 Campaign signs in the pub1 ic right-of-way.
(e) No sign shall be placed in that portion of the public right- of-way or easement past the sidewalk without the consent of the adjoining property owner or person in possession if different than the owner where the front yard or business fronts on the above. mentioned right-of-way. Signs may be placed in the right-of-way 01
undeveloped property or where residential or commercial lots abut streets designated as collector or arterial streets without thc approval of the property owner or person in possession.
The above Section presently reads as follows:
(e) No sign shall be placed in that portion of the public right. of-way or easement past the sidewalk without the consent of thg adjoining property owner or person in possession if different thar the owner.
w m - Page 2
However, the beginning of that Ordinance reads:
21.41.140 Campaign signs in publ ic right-of-way.
Notwithstanding any other provision of this code, a campaign sign may be placed in the publ ic right-of-way adjacent to a publ ic st:reet
in commercially or industrially zoned areas or along prime or maJor
arterials in residentially zoned areas subject to the following restrictions:
STAFF RECOMMENDATIONS: Mr. Anear‘s change would not give owners of v
property the same rights as those properties not vacant. Property owners4 property abuts the right-of-way to the rear would not have the same right to consent, as those abutting the right-of-way at the front of their prop
As it now stands, the City does not have the manpower to verify all pro owners consent. Due to candidates on propositions putting up anywhere be 200 to 1,000 signs, the majority of those in the right-of-way, property o consent is verified on a complaint basis only.
The ordinance is functional as it stands. To change it now just befo election would not make it any more enforceable, due to the lack of manp During minor elections, Code Enforcement’s time is spent on the election is 30-40 percent of allotted man hours. A major election with Federal, and local candidates, and issues, that time should increase to 40-50 perce allotted man hours. It would not be wise to change the ordinance just b election due to prior general knowledge of the existing ordinance. candidates have already put in motion their sign programs. Staff cai recomnend an immediate change to the ordinance prior to the upcomirrg Nov el ec t i on.
Mr. Anear also suggest the following change to the Carlsbad Municipal Cod
Section 21.41.160 Campaign signs. (e) The director of bui’lding and planning or his designated representative(s) are hereby authorized to immediately remove any illegal or illegally placed signs as per section 21.41.130 or 21.41;140 that exceed the size regulations for the pertinent zone
where the signs are located. The deposit may be used to defray the
cost of removal. A minimum of ten dollars per sign shall be charged. The amount charged for the removal of signs violating sections 21.41.130 through 21.41.160 shall cover all City costs.
The present ordinance reads as follows:
(e) The director of building and planning is hereby authorized, after giving five days written notice to the person or person!; who signed the sign permit, to remove any caii;;laign signs that do not conform to the standards herein provided. If the owner or occupant
of the property on which the sign is located in present, the zoning enforcement officer shall inform him of the intention to remove the sign and the possibility of the charges for removal of the sign.
The cost of such removal may be charged to the permittee as provided in Section 18.20.080(c) of this code.
W a
IPage 3
STAFF REComENOATION: Section 21.41.160(e) should be changed to r( follows:
The director Of building and planning or his designatec representative is hereby authorized, after giving two day’s wrltter notice to the person or persons who erected the srgn, and/or owner of the property on which the sign YS located, to remove any campalgr signs that do not conform to the standards herein provlded, including having obtained the proper approval and permit.
If the owner or occupant of the property on which the sign 11 located is present, the Code Enforcement Officer shall inform him or her, of the intention to remove the sign and the possibility 0’ the charges for removal of the sign. The cost of such removal ma:
be charged to the person erecting the sign, or the property owner as provided in Section 18.20.880(c) of this code.
Regarding the news articles Mr. Anear referenced, vandalism or theft o
is a Police Department issue and changes to the existing sign ordinance w influence that issue.
A study to change the ordinance following the election would allow timc in properly and within the limits of the Constitution. To pass an em
ordinance, as suggested by Mr. Anear’s letter, requires specific, d findings of health, safety, and general welfare problems, as well as, a 4 by the Council. It is doubtful that these specific findings could be s
this matter regarding campaign signs.
Staff has recomnended changes to the campaign sign ordinance in the pl
would welcome certain changes, with approval of the City’s legal depart1 the future.
If I can be of any further help please let me know.
a@-
MICHAEL A. HARRINGTON Code Enforcement Officer
bjn
COUNCIL %9~ A Pane 3 p %\9 Septemher 27, 1988
MEMBERS Z. ,$ %\
OPDINAtJCES - FOR jD0PTIOtI: (Continued)
(3:) 9. _--- If3 no649 - DISPUALIFIC4TIOtl FOR COIIFLICT OF
IIJrFRESr - ~~~?FEED ORDINAVCTD~P~~~~~C)'RU~E.
ColincfL YPmber ppttlne stated he WOlJld \qte "no" on
thls Ordinance for the reasons stated last week.
Corincfl adopted the following Ordlnance: Cpwls Y
ORDINAtJCE NO. NS-38. AtENDItfG TITLE 1 OF THE CARLSRAD Pett irie
MUtllCIPAL COOE RY WE ADDITION OF CHAPTER 1.1k t4amaux Y
yr I KIJ 1 Ch 1 n
REGARDING DISQUALIFICATION FOR CONFLICT OF IIIIEHEST. Carson rl
DEPARTMENTAL AND CITY MANAGER REPORTS:
(86) 10. AB W0658 - CITIZEN REOUEST - PROPOSAL FOR
AfENOMEtlTS TO CAMPAIGN SIGN DADINAtlCE .-
Clrard Anear, 1728 Calavo Court, referred to hls letter
to Ray Pachett, City Manaaer, dated September 16, 1988,
where he suqgested changes In the sign ordlnance. The
f trst chanoe would eliminate the ffve-day written
notice for removal of non-conforming siqns and
authorize immedfate removal by the Otrector of &ildlng
and Planning or his desfgnee. The second
rpcommendation was to allow placlng of campalgn signs
ln the right-of-way of vacant property and In the rfqht-
of-way at the rear of property where the property abuts
a collector or arterial street.
Mr. Anear suggested this be consldered as an emergency
ordinance before the next electlon, as he felt there was
election sign pollution and people were circumventing
the law.
City Attorney Vincent Biondo stated that under the
existing law, the City can ask a property owner if a
sian belongs to them, and lf It does not, ask for
permission to remove It. He stated that illegal slqns
can be removed under the current Ordinance.
Council Member Larson stated he had n concern wlth
illegal signs placed on property where It 1s known to
whom the slon belongs. He sugaested changing the flve
day leqal notlce perlod to two days and to put
offenders on notlce that the City intended to enforce
the law.
Mayor Lewis commented the City has only one Enforcement
Officer, and that Is part of the problem of enforcing
the exjstlng law.
City Attorney Blondo stated that for years no slons
were allowrd In the puhllc right-of-way, and when
Council adopted the present ordinance allowing signs in
the public right-of-way, that was when the five day notlce perlod became part of the ordinance. He added
that Councll could return to no sfons in the public r lght-of -ray.
Council determined the matter of amendments to the sign
ordinance should be consldered after the November, 1988,
e iect ton.
a73
0 0
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I am over the age of eighteen years, and not a party to or interested in the above entitle
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general cii
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newspaper at all times herein mentioned had and still has a bona fide subscription list c
subscribers, and which newspaper has been established, printed and published at regular inten
said City of Carlsbad, County of San Diego, State of California, for a period exceeding one J
preceding the date of pulblicatic
notice hereinafter referred to; ant
notice of which the annexed is I
copy, has been published in eac
i. II <' in any supplement thereof on th
7t ing dates, to-wit:
a. j *k
I/
l ic i and entire issue of said newspapc
SEPTEMBER 6 I
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foregoing is true and correct. E
Carlsbad, County of San Diego, St;
forniaon THE 6TH
day of SEPTEMBER, 1990
I\
/
,~lfLd,L/, ;.";I , 49 ,
Clerk of Proof of Publication 6/90 NDLA
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NOTICE IS HEREBY GIVEN that the City Council of the City of Carls-
bad will hold a public hearing at the City Council Chambers, 1200 Carls-
bad Village Drive (previously Elm Avenue), Carlsbad, California, at 6:OO
p.m. on Tuesday, September 18,1990 to consider an Amendment to the Zoning Ordinance to decrease the notice period f p,m five days to two days for removal of any campaign sign that does not confbrm to the Ca.rhbad
Municipal Code.
w-dially B i ted to
attend the public hearing. If you have any q; &It deaw .i the
Planning Department at 438-1161.
Ifyou challenge the Zone Code Amendment in court, yod. may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: ZCA89-3
.hi. Those persons wishing to speak on this pro& h
CARLSBAD CITY COUNCIL
CJ 5422 September 6,1990 - -
I a 0 .
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad Will hold a p
hearing at the City Council Chambers, 1200 Carlsbad Village Drive (previously
Avenue), Carlsbad, California, at 6:OO p.m. on Tuesday, September 18, 1990 to con
an Amendment to the Zoning Ordinance to decrease the notice period from five da
two days for removal any campaign sign that does not conform to the Carlsbad Muni
Code.
Those persons wishing to speak on this proposal are cordially invited to attend the p
hearing. If you have any questions, please call the Planning Department at 438-11t
If you challenge the Zone Code Amendment in court, you may be limited to raising
those issues you or someone else raised at the public hearing described in this notice
written correspondence delivered to the City of Carlsbad at or prior to the public hea
CASE FILE: ZCA 89-3
Carlsbad City Council
Published 9/6/90
I co-6-
-9 a d,po (
1 YJ
@NOTICE OF PUBLIC HEARING . v r
f Carlsbad will hc , Carlsbad, Califorr
1.41.60 of thEbrdiLa’;ce txcreass the notice period to remove any campai
sign that does not conform to the Carlsbad Municipal Code from five days to two day
- de Those persons wishing to speak on this proposal are cordially invited to attend the pul
@ If\ hearing. If you have any questions, please call the Planning Department at 438-1161
If you challenge the Zone Code Amendment in court, you may be limited to raising o
those issues you or someone else raised at the public hearing described in this notice o
written correspondence delivered to the City of Carlsbad at or prior to the public heari
NOTICE IS HEREBY GIVEN that the
a public hearing at the Safety ci%m4cc Cezer, 3q
Ti A J Ul 1 at 6:OO p.m. on 1990 to consider- an Amendment to Sectj
CASE FILE: ZCA 89-3
AaD?l TCANT: rrTY DE: C.ART.SRAn - IUNE 28-
-7- -, an unu:
Cr?-y SI? CCON
w c;tz\u
jf / \icg pUJ-1L ‘I
6 CJ’ c?-
1
(Form A)
QI w 0 -. *
t
TO: CITY CLERK'S OFFICE
FROM: Planning Departmeii'c
RE: PUBLIC HEARING REQUEST
- Attached are the materials necessary for you to notice
AMENDMENT TO CAMPAIGN SIGN ORDINANCE (ZCA 89-3) - CITY OF (
for a public hearing before the City Council.
Please notice the item for the council meeting of .
Thank you.
7/30/90
Assistant City Man Da t