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Home My WebLink About1990-08-07; City Council; 10757; CITIZEN REQUESTS TO AMEND CARLSBAD MUNICIPAL CODE SECTION 21.41.060(5)u m w w a, 3 5 a, a a, .d c a, a 4 *rl $ z u . . 0 z o 6 4 d z 3 0 0 cn \ h \ co ClWOF CARLSBAD - AGENWBILL UW AB#-- TITLE: DEPT. H CITY AT ~~~.~4/rllso DEPT. MUNICIPAL CODE SECTION 21.41.060(5) CITY M( RECOMMENDED ACTION: CITIZEN REQUESTS TO AMEND CARLSBAD Consider citizen requests to amend Municipal Code Section 21.41.060(5) Exemptions. ITEM EXPLANATION: Graham International, Inc., Daniels Cablevision and Mission West Properties recently receiv from the City of Carlsbad Code Enforcement Officer regarding signs (pennantdflags) in viol: Carlsbad Municipal Code Section 21,41.050(2), This section states: Prohibited Signs: No sign with any one or more of the following characteristics shall be allowed within the city and no permit therefor shall be issued except as stated in this chapter - Pennants, banners, streamers, whirligigs, or similar attention-getting devices, except that such devices may be conditionally permitted for a maximum period of 30 days, upon written approval of the City Manager. Graham International, Inc., currently flies a blue and white "GII" pennant/flag at 2141 Palor Road, Suite 300. Graham International has requested an amendment to include an additional for an agency "...provided such flag serves no purpose other than to identify the owner, or o the property where such flag is flown." Cablevision currently flies a flag at 5720 El Camino Real. They have requested that the Cil an additional exemption to the Carlsbad Municipal Code, "...which would include allowanc bearing company logos to be flown." Mission West Properties have recently removed a flag from the La Place Court office tha Bluebird Systems. They have requested that an amendment exist "...that specifically identifie5 or tenant of the property where the flag is flown." These pennant/flag emblems are not insignias of government, school or religious group or a do not qualify as exemptions under the current Municipal Code Section 21.41.060 Exempti FISCAL IMPACT: None EXHIBITS: 1. Letter to Mayor Lewis from Robert M. Dahlbo, President, Graham International, Inc., datc 2. Letter to Mayor Lewis from Joni Odum, General Manager, Daniels Cablevision, dated 6- 3. Letter to Graham Business Plaza Construction from Michael Harrington, Code Enforcem dated 6-20-90. 4. Letter to Cablevision from Code Enforcement Officer, dated 6-7-90. 5. Sections 21.41.050 Prohibited Signs and 21.41.060 Exemptions, of the Carlsbad Munici 6. Letter to Mayor Lewis from Howard Anderson, Vice President, Mission West Properties, dated 7-23-90. b - I- . @ GRAHAM INTERNATIONAL, INC. June 25, 1990 The Honorable Bud Lewis Mayor of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Ck 92008 Re: Prohibited I1signll at Graham Business Plaza Dear Mr. Mayor: Approximately one year ago it was with considerable pride that we at Graham International, Inc. erected three flagpoles on the corner of our property located at the intersection of Palomar Airport Road and Yarrow Drive. We were fortunate to have Con- gressman Packard secure for us a United States flag which had flown above our nation's capital. Congressman Packard attended our flag raising ceremony as did State Senator William Craven as regards the California State flag. It was this sense of pride that caused us to erect a third flag which is the subject of the enclosed letter from Michael A. Harrington. We understand fully that Mr. Harrington is discharg- ing his duties as Code Enforcement Officer and he is to be com- mended for his meticulousness in this regard. The purpose of this letter is to request that you propose to the City Council an amendment of Carlsbad Municipal Code, Section 21.41.(>50. speciricaliy, we hope you wiil ccrsicier propcsinr; ar, additional exemption which would exempt a flag or pennant flown in conjunction with the flag emblem or insignia of a government, school, or religious group or agency provided such flag serves no purpose other than to identify the owner or occupant of the property where such flag is flown. .- 21 41 PALOMAR AIRPORT ROAD, SUITE 300 CARLSBAD, CALIFORNIA 92009 [619] 438-1 545 FAX NO. 61 9/438-4209 - -. 0 e The Honorable Bud Lewis June 25, 1990 Page 2 We understand the purpose of the provisions in the Carlsbad Municipal Code prohibiting certain signs. We have no quarrel with the City in this regard but believe that flags such as that flown at our establishment, at Cablevision and other locations, while they are within the strict language of the Code Section, are not really a violation of the spirit which motivated adoption of this provision in the first instance. We appreciate your consideration of our request. Very tmily rours, R*4-&& Robert M. Dahlbo President PC Enclosure cc: Michael A. Harrington F I DanRls Cabievision inc. 5720 El Camino Real PO Box344 Carlsbad, CA 92008-3845 June 27, 1990 The Honorable Bud Lewis -- Mayor City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Prohibited "Sign" at 5720 El Camino Real Dear Mayor Lewis: I was very disappointed when I read the attached recent letter from Mr. Michael A. Harrington, City of Carlsbad, Building Technician, notifying us that our company "Cablevision" flag is a violation of the Carlsbad Municipal Code and is prohibited. As you may or may not know, our company has proudly flown our company flag in consort with the flags of the United States and State of California since our beautiful facility was opened approximately 8 years ago. It is this sense of pride that is the purpose of my letter. We appreciate and understand that Mr. Harrington is performing his duty and we certainly understand the purpose of the Municipal Code as it relates to prohibiting certain signs. It is however, my belief that company flags being flown such as ours and others in this industrial complex area demonstrate our pride in business and in the free enterprise system of our great nation perhaps fall beyond the spirit of intent of the Code when it was drafted. For this reason, I would like to request consideration of an additional exemption to the Code which would include allowance for flags bearing company logos to be flown. Once again; this request, is founded on the great pride we have in being associated with this fine community and our belief and commitment to being good corporate citizens. ur consideration in this matter is greatly appreciated. '4 ,. p q -- June 20, 1990 Graham Business Plaza Construction 2141 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 PROHIBITED SiGN(S) AT: 2141 Palomar Airport Road, APN 213-070-17 Graham Business Plaza It has come to our attention that a blue and white lIG1l'' pennant/flag is being displayed at the above referenced address. Enclosed is a copy of the applicable code and a photo of the pennant/flag. This sign is in violation of Carlsbad Municipal Code, Section 21.41.050 (2). If you fail to remove this sign prior to 3 days, we will have no recourse but to refer this matter to the City Attorney's Office for legal action. t 438-1161 to informally resolve this matter. de Enforcement Officer Enclosures c: City Attorney __-___ ___. 2075 Las Palrnas Drive - Carlsbad, California 92009-4859-(619) 438-1 161 '9' .. ^-- < r > ? .. .. .. ;> \- June 7, 1990 Daniels Cablevision ATTENTION: Joni Odum 5720 El Camino Real Carlsbad, CA 92008 PROHIBITED SIGN (S): 5720 EL CAMINO REAL, DANIELS CABLEVISION It has come to our attention that a "Cablevision" pennant/flag is displayed at the above referenced address. This is in violation of Carlsbad Municipal Code, Section 21.41.050 (2), and must be removed immediately. Please find enclosed a copy of the applicable code and a photo of the pennant/flag . If you fail to remove this sign prior to June 13, 1990, we will have no recourse but to refer this matter to the City Attorney's Office for legal action. Please contact me at 438-1161 to informally resolve this matter. (!$$Fi+GQ&d A M. G RRISON Building Technician RMG:rs ' Enclosures cc: City Attorney 2075 Las Palmas Drive * Carlsbad, California 92009 - (619) 438-1 161 ... ' ..I ... .. j '> .. ., '/ .. .... .. .. .... .. ... 0 * (12) “Under marquee sign” means a sign ttached to the undenide of a marque and pro- er and perpendicular to the public or (13) “wd Sign” means a sign which is placed against the fa of a building or svucturr or anached M a building marquee, with the exposed fm parallel to the face of the building or struc- hut. Such signs shall not project more than twehe inches beyond the face of the building, smicme or marque nor project above the para- pet, rooforroofridge, whictzevnis highest. (Ord. 9799 4 2,1986: ord 9642 0 1,1982; ord. 9386 9 2 (part), 1974; Ord. 9224 8 1 (part), 1969 ord 9060 § 2602) (3) Signs the message of which is anythin& other than the advertising of the following Infor. mation regarding the lot on which the sign 15 (A) Identification of a building located (B) Identification of the owner or occupant (C) Identification of activities thenon. (D) Identification of goods or services offertd (E) Infonnation regarding the We, lcase or (F) Noncommercial messages by the owner (4) Signs With exterior light sources which arc private sidewalk or rightof-way; located: thema thenof, aema rental &emf, or occuwt of the propmy; not stueided so as to r?flcct all light dinctiy upon - 21.41.040 Signatures required on applicatioa All applications for sign permits shall be signed by or on bfialfofa of*e ownen of the rral PrnWO’ uwn which thesign is to be located. (Ord. 9386 5 2 (part), 1974; @d, 9224 9 1 (PW, 1969: Ord. 9060 8 2603) 21.41.050 Prohibited sigus. tl.41.040 Exemptions. No sign with any one or more of the following and no permit therefor shaiI be issued except as stated in this chapter: (1) Signs which move in a ControUed or fice- he sign; (5) Lighted sips which by reason of bd- lhct. =flccttd light or ohe.se, an in,u~ou to the health, safer~ or weif= ofthe surrounding neighborhood (Ord 9608 5 4 (part), 1981; Ord. 9386 0 2 (part), 1974; Or& 9224 9 1 (part). 1969: Od. 9060 4 2604) for sign permit. The following described signs shall be exempt (1) How numben. street names: (2) Officiai notices authorized by a COUR. cfiaracteri~ti~~ shall be allowed within the city from he provisions of h~ chapter: public body or public officer; authorized by federal, state or municipal author- ity; (4) Memorial plaque or tablet, “comer- sone” indicating the narne of a budding and &E ofconstruction. when cut or carved into any wary surface or when made of bronze or other incombustible material and made an inte- @ pan of a buiiding or svucture: (5) The flag, emblem or insignia of a govern- ment. school. or religious group or agency: (6) Bulletin board. when located on the prcm- ises and used solely in connection with activities style ma~ntr, shirrntr, Or biiak, flash, or involve a change of tone or hue; (2) ~WU. banners. men, whiriigigs, or similar attentiou-gening devices except that such devices may be conditionally permitted for a maximum period of thirry days upon prior written approval of the city manager, and in the event of dispute by the city council, for the grand opening or special event of a commercial use or for events of a civic. poiitid+ or recreational nature. In the event such conditional permission is granted to em such a device, ail provisions of this chapter shall apply; (3) Mona, w-ng or infomation sign 672 0 r. ~3~wNV~ A%) 01 aau3r13ti July 23, 1990 The Honorable Bud Lewis Mayor of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Bluebird's Flag at La Place Court Carlsbad Research Center Dear Mayor Lewis: It has come to my attention that one of the flags flown at our La Place Court office project is in violation of Carlsbad Municipal Code Section 21.41.050 (2). (see enclosed letter) Bluebird Systems, whom the flag identifies, removed the flag immediately. However, they are naturally upset that the City of Carlsbad will not allow them to display their flag. They feel their flag, as well as the Chrysler Corporation's and Graham International's flags, are visually pleasing and certainly not objectionable. The purpose of this letter is to request that you propose to the City Council an amendment of the above-referenced code. I believe that an amendment should exist exempting a flag that specifically identifies the owner or tenant of the property where the flag is flown. I am sure that you would agree that such a flag would not disrupt the continuity of appearance of the buildings in Carlsbad that the codes are designed to ensure. e 8 .- -a Lewis July23, 1990 Page 2 I look forward to hearing from you regarding your views in this matter. Thank you for your consideration. Sincerely, Vice President M/Pb cc: Ray Garrison, City of Carlsbad Hal Tilbury, Bluebird Systems Sterling Wilson, Bluebird Systems