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HomeMy WebLinkAbout1993-08-10; City Council; 12359; Off Site Real Estate SignsCIT\-IF CARLSBAD - AGENC- BILL c? ‘Lf7 111 w 46 # ) a; 3 s”i TITLE: OFF= REAL ESTATF, SIGNS IIITG. 8/10/93 - ZC#i 93-02 IEPT. PLN ?ECOMMENDED ACTION: If Council concurs both the Planning Commission and staff are recommending that the City Council INTRODUCE Ordinance No. fi S - 2 S 3 , APPROVING ZCA 93-02. lTIEM EXPLANATION On May 5, 1993 the Planning Commission recommended approval (7-O) of a zone code amendment (ZCA 93-02) to the Carlsbad Municipal Code (Title 21) to amend Sections 21.41.050 and 21.41.070, allowing the placement of additional off-site real estate signage. Currently Section 21.41.070(4)(E) of the Carlsbad Municipal Code allows the placement of only one off-site real estate sign for each property being offered for sale, lease, or exchange. Recent amendments to the California Civil and Business and Professions Codes now expressly allow more than one off-site real estate sign for each property being advertised. This zone code amendment would bring the Municipal Code into conformance with the recent state legislation. This zone code amendment does not change any of the City’s current restrictions on size and location of the signs. In recommending approval of this zone code amendment, both staff and the Planning Commission found that the proposal was consistent with the goals and objectives of the Land Use and Circulation Elements of Carlsbad’s General Plan and the intent of the Carlsbad Municipal Code with respect to real estate signage. Since the proposed zone code amendment closely follows the recently approved zone code amendment regarding off-site real estate signs (ZCA 92-02), the Planning Director has determined the potential environmental impacts were already reviewed under the Negative Declaration for ZCA 92-02, and therefore will issue a Notice of Prior Environmental Compliance. FISCAL IMPACX This zone code amendment requires no additional facilities or services and does not affect any current revenue-generating programs. Therefore, there are no fiscal impacts due to this zone code amendment. EXHIBITS 1. City Council Ordinance No. r’I S - &! S 3 2. Planning Commission Resolution No. 3508 3. Planning Commission Staff Reports, dated April 21 and May 5, 1993 4. Excerpts of Planning Commission Minutes, dated April 21 and May 5, 1993 1 ORDINANCE NO. M-253 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, 3 CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE REGARDING REGULATION OF SIGNS. WHEREAS, the.State of California has amended Section 6 5272 of the Business and Professions Code and Section 713 of the 7 Civil Code: and 8 WHEREAS, the City of Carlsbad desires and intends to g adopt and comply with said amendments, and 10 NOW, THEREFORE, the City Council of the City of 11 Carlsbad, California does hereby ordain as follows: 12 SECTION I: That Title 21, Chapter 21.41.050 of the 13 Carlsbad Municipal Code is amended to read as follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8@21.41.050 Prohibited signs. No sign with any one or more of the following characteristics shall be allowed within the City and no permit, therefore, shall be issued except as stated in this chapter: (1) Signs which move in a controlled or free-style manner, shimmer or blink, flash, or involve a change of tone or hue; (2) 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 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, political, or recreational nature. In the event such conditional permission is granted to erect such a device, all provisions of this chapter shall apply: (3) Signs, the message of which is anything other than the advertising of the following information regarding the lot on which the sign is located: ii; Identification of a building located thereon, Identification of the owner or occupant thereof, (C) Identification of activities thereon, (D) Identification of goods or services offered thereon, (El Information that the property is for sale, lease, exchange or rental by the owner or his or her agent, directions to the property, the owner's or agent's name, and the owner's or agent's address and telephone number. (F) Non-commercial messages by the owner .or occupant of the property; (4) Signs with exterior light sources which are not shielded so as to reflect all light directly upon the sign; (5) Lighted signs which, by reason of brilliance; reflected light, or otherwise, are injurious to the health, safety or .welfare of the surrounding neighborhood.ll SECTION II: That Title 21, Chapter 21.41.070 is amended by the amendment of subsection 21.41.070(4)(E) to read as follows: l'(E) Nothing in this chapter shall prohibit any property owner or his or her authorized agent from displaying off-site real estate signs within the City advertising the following: (1) That the property ,is for sale, lease, exchange or rental by the owner or his or her agent; (2) Directions to the property;. (3) The owner's or agent's name; (4) The owner's or agent's address and telephone number. All off-site real estate signs must comply with the following conditions regulating the location, design and dimensions: the sign must be placed in plain view of the public, but in no case may the sign be placed in any private or public right of way, nor shall the location of such sign cause any public safety hazards, traffic hazards or significant visual impacts, and the owner of the property must consent to the displaying of a real estate sign on the property. The maximum area of the sign shall not exceed the maximum real estate sign area allowed for either the zone of the advertised lot or the zone of the lot on which the sign is located, whichever is less." 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 Sun within fifteen days after its adoption. . . . . . . 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 1Oth day of AUGUST , 1993, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of I 1993, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETBA L. RAUTENKRANZ, City Clerk . 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 EXHIBIT 2 PLANNING COMMISSION RESOLUTION NO. 3508 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE CAEUSBAD MUNICIPAL CODE, BY THE AMENDMENT OF CHAPTER 21.41 REGARDING OFFSITE REAL ESTATE SIGNS. CASE NAME: OFFSITE REAL ESTATE SIGN AMENDMENT CASE NO: ZCA 93-02 WHEREAS, the Planning Commission did on the 2l.st day of April, 1993, and on the 5th day of May, 1993, 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 I&SOLVED by the Planning Commission as follows: A> That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA 93-02, according to Exhibit “X”, dated May 5,1993, attached hereto and made a part hereof, based on the following findings: Findinm: 1. 2. 3. . . . . . . . . The proposed Zone Code Amendment is consistent with guidelines of the Land Use, Public Safety, Scenic Highways, and Circulation Elements of the Genexal Plan. The proposed Zone Code Amendment is consisWnt with the CiQ?s Local Coastal pvF= The proposed Zone Code Amendment is consistent with the recent amendments to Section 713 of the California Civil Code and Section 5272 of the California Business and Professions Code relating to real property for sale signs. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 1t l! 2( 2: 2: 2; 24 2: 2t 2: 21 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of May, 1993, by the following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Schramm, Welshons, Hall, Savary & Erwin. NOES: None. ABSENT: None. ABSTAIN: None. BAILEY NOE@, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLMLLEW Planning Director PC RESO NO. 3508 -2- ExHIBrr x - May 5, 1993 “21.41 .OSO prohibited signs. No sign with any one or more of the following characteristics shall be allowed within the City and no permit, therefore, shall be issued except as stated in this chapter: (1) Signs which move in a controlled or free-style manner, shimmer or blink, flash, or involve a change of tone or hue; (2) 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 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, political, or recreational nature. In the event such conditional permission is granted to erect such a device, all provisions of this chapter shall apply; (3) Signs, the message of which is anything other than the advertising of the following information regarding the lot on which the sign is located: (A) Identification of a building located thereon, (B) Identification of the owner or occupant thereof, (C) Identification of activities thereon, (D) Identification of goods or services offered thereon, (E) Information regarding the sale, lease, exchange, or rental thereof; provided that no other real estate sign exists on or has received a permit to be located on the lot, (F) Non-commercial messages by the owner or occupant of the property; (4) Signs with exterior light sources which are not shielded so as to reflect all light directly upon the sign; (5) Lighted signs which, by reason of brilliance, reflected light, or otherwise, are injurious to the health, safety or welfare of the surrounding neighborhood.” “21.41.070 Height Limitations. “(4) (E) Nothin g in this chapter shall prohibit any property owner or his or her authorized agent from displaying one off-site real estate signs within the City advertising the following: (1) That the property is for sale, lease, exchange or rental by the owner or his or her agent; (2) directions to the property; (3) the owner3 or agent% name; (4) the owner’s or agent’s address and telephone number. All off-site real estate signs must comply with the following conditions regulating the location, design and dimensions: The sign must be placed in plain view of the public, but in no case may the sign be placed in any private or public right of way, nor shall the location of such sign cause any public safety hazards, traffic hazards or significant visual impacts and the owner of the property must consent to the displaying of a real estate sign on the property. The maximum area of the sign shall not exceed the maximum real estate sign area allowed for either the zone of the advertised lot or the zone of the lot on which the sign is located, whichever is less.” DATE: TO: FROM: SUBJECT: APRIL 21,1993 PLANNING COMMISSION PLANNING DEPARTMENT ZCA 93-02 - OFFSITE REAL ESTATE SIGN AMENDMENT - Request for an amendment to Chapter 21.41 of the Carlsbad Municipal Code, allowing the placement of additional offsite real estate signs. I. RECOMMENDATION SI’AFFREPORT EXHWT 3 APPLICAI’ION COMPLETE DATE: JANUARY 22. 1993 PROJECT PLANNER: MIKE GRIM t@ That the Planning Commission ADOPT Planning Commission Resolution No. 3508, recommending APPROVAL of ZCA 93-02, based on the findings detailed below. Il. PROJECT D ESCIWTION AND BACKGROUND On September 19,1992, the Governor of the State of California approved amendments to Sections 712 and 713 of the California Civil Code and Section 5272 of the California Business and Professions Code relating to offsite real estate signs. The recent amendments preempt local jurisdiction and specifically allow more than one offsite real estate sign advertising a particular property for sale, lease, or exchange. Previously, state law and the Carlsbad Municipal Code were worded such that only one offsite real estate signs could be allowed for any property for sale, lease, or exchange. This zone code amendment will incorporate the recent state legislation into local ordinance. Currently, Chapter 21.41 of the Carlsbad Municipal Code (Sign Ordinance) virtually prohibits signage advertising merchandise or property for sale unless that signage is located on the property where the sale will occur. The only exceptions to this offsite signage prohibition are the City-wide kiosk program and the offsite real estate sign allowance. Both of these exceptions have strict conditions on the posting of offsite signs. This zone code amendment does not propose to alter any of the conditions, size requirements, or location criteria of offsite real estate signs. The only action proposed by this amendment is the allowance of more than one offsite real estate sign for each property for sale, lease, or exchange. Since no revisions to the conditions or development standards for offsite real estate signs is being proposed, and the allowance of additional signs is mandated by state law, staff recommends approval of the proposed zone code amendment. ZCA 93-02 - OFFSITE &AL ESTATE SIGN AMENDMENT APRIL 21,1993 PAGE 2 III. ANALYSIS 1. IS the proposed zone code amendment consistent with the various elements of the Carlsbad General Plan? 2. Is the proposed zone code amendment consistent with the Local Coastal Program? 3. Is the proposed zone code amendment consistent with the recent legislation amending Section 713 of the California California Business and Professions Code? Civil Code and Section 5272 of the DISCUSSION 1. Consistencv with the General Plan An objective of the Land Use Element of Carlsbad’s General Plan is to “preserve the neighborhood atmosphere and identity in residential areas”. One of the guidelines of the Land Use Element calls for developing and maintaining suitable and adequate sign control. The proposed zone code amendment will allow a property owner to post more than one offsite real estate sign, provided not more than one sign exists per lot. The size and location criteria of the offsite real estate signs are not proposed to change, therefore this amendment is consistent with the Land Use Element. With regard to public safety, the Circulation Element states that adequate traffic safety measures should be provided at all intersections. This zone code amendment does not allow any signs within the public right- of-way and specifically prohibits any signs that cause public safety hazards. Therefore, consistency with this safety provision of the Circulation Element and the policies of the Public Safety Element are being maintained. Since the offsite signage would still fall under restrictions of any applicable overlay zone, the proposed zone code amendment does not conflict with the goals and objectives of the Scenic Highways Element. 2. Consistencv with the Local Coastal Program Most of the six segments of Carlsbad’s Local Coastal Program require that signage control be implemented to ensure that visual resources are protected and preserved. As stated previously, the proposed zone code amendment does not change any of the size or location restrictions of the existing offsite real estate signage regulations, which were found to be consistent with the Local Coastal Program. This amendment, therefore maintains this consistency. 3. Consistencv with Recent State Leaislation The recent amendments to the California Civil Code and California Business and Professions Code require that local jurisdictions allow the placement of more than one off-site real ZCA 93-02 - OFFSITE k&U ESTATE SIGN AMENDMENT APRIL 21,1993 PAGE 3 estate sign advertising a property. Currently the Carlsbad Municipal Code allows the placement of only one offsite real estate sign. As demonstrated in Exhibit ‘X’, dated April 7,1993, the ordinance is proposed to be changed to allow more than one offsite real estate sign, thereby providing consistency with recent State legislation. The recent amendments to the California Codes did not alter a local jurisdiction’s ability to limit the size and location of offsite real estate signs, therefore the existing controls remain consistent with State law. Iv. ENvIRoNMENTALREvIEw Since the proposed zone code amendment closely follows the recently approved zone code amendment regarding offsite real estate signs (ZCA 92-02), the Planning Director has determined that the potential environmental impacts were already reviewed under the Negative Declaration for ZCA 92-02, and therefore will issue a Notice of Prior Environmental Compliance. SUMMARY Considering that the proposed zone code amendment is consistent with the General Plan, Local Coastal Program, and recent State Legislation, staff recommends approval of ZCA 93- 02. ATTACHMENTS 1. Planning Commission Resolution No. 3508 2. Exhibit “A”, dated April 21, 1993 MG:lh:vd March 4,1993 DATE: TO: FROM: SUBJECT: I. APPLICATION COMPLETE DATE: JANUARY 22, 1993 PROJECT PLANNER: MIKE GRIM MEMORANDUM 0 2 MAY 5, 1993 PWWNING COMMISSION PLANNING DEPARTMENT ZCA 93-02 - OFFSITE REAL ESTATE SIGN AMENDMENT - Request for an amendment to Chapter 21.41 of the Carlsbad Municipal Code, allowing the placement of additional offsite real estate signs. RECOIVWIENDA~ON That the Planning Commission ADOPT Planning Commission Resolution No. 3508, recommending APPROVAL of ZCA 93-02, based on the fIndings detailed below. II. DISCUSSION This item was originally scheduled to be heard at the Planning Commission meeting of April 21, 1993 and was continued, due to the lateness of the hour. ATTACHMENTS 1. Planning Commission Resolution No. 3508 2. Memo dated May 5, 1993 3. Staff Report dated April 21,1993 MEMORANDUM DATE: TO: FROM: SUBJECT: I. MAY 5, 1993 PLANNING COMMISSION PLANNING DEPARTMENT ZCA 93-02 - OFFSITE REAL ESTATE SIGN AMENDMENT - Request for an amendment to Chapter 21.41 of the Carlsbad Municipal Code, allowing the placement of additional offsite real estate signs. DISCUSSION On advisement of the City Attorneys office, a provision in the proposed zone code amendment has been eliminated. As shown in the excerpt from Exhibit “A” below, the restriction allowing only one sign per lot has been deleted. Even though a property owner or his/her agent could post more than one real estate sign on a lot, the total square footage of the signs is still restricted. Therefore, on a single family residential lot, a person could post one sign, three square feet in area, or three signs, each one square foot in area. No changes to the total area of signage or other restrictions is proposed. FROM PAGE TWO OF EXHIBIT “A”, DATED APRIL 21,1993, PREVIOUSLY DISTRIBUTED “All off-site real estate signs must comply with the following conditions regulating the location, design and dimensions: The sign must be placed in plain view of the public, but in no case may the sign be placed in any private or public right of way, nor shall the location of such sign c-use my ~~~~~~~~~~~~ traffic hazards or significant advertised lot or the zone of the lot on which the sign is located, whichever is less.” M&km EXHIBIT “A” EXHIBIT “A” May 5,1993 “21.41.050 Prohibited signs. No sign with any one or more of the following characteristics shall be allowed within the City and no permit, therefore, shall be issued except as stated in this chapter: (1) Signs which move in a controlled or free-style manner, shimmer or blink, flash, or involve a change of tone or hue; (2) 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 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, political, or recreational nature. In the event such conditional permission is granted to erect such a device, all provisions of this chapter shall apply; (3) Signs, the message of which is anything other than the advertising of the following information regarding the lot on which the sign is located: (A) Identification of a building located thereon, (B) Identification of the owner or occupant thereof, (C) Identification of activities thereon, (D) Identification of goods or services offered thereon, (E) Information regarding the sale, lease, exchange, or rental thereof; provided that no other real estate sign exists on or has received a permit to be located on the lot, (F) Non-commercial messages by the owner or occupant of the property; all light direc8~wupon the sign; &# Lighted signs which, by reason of brilliance, reflected light, or otherwise, are injurious to the health, safety or welfare of the surrounding neighborhood.” his or her authorized agent from displaying one off-site real estate sign# within the City advertising the following: (1) That the property is for sale, lease, exchange or rental by the owner or his or her agent; (2) directions to the property; .(3) the owneis or agent’s name; (4) the own i e s or agent’s address and telephone number. All off-site real estate signs must comply with the following conditions regulating the location, design and dimensions: The sign must be placed in plain view of the public, but in no case may the sign be placed in any private or public right of way, nor shall the location of such sign cause any ~~b~~~~~~~~,~~ traffic hazards or significant :.:.:.:.:.:.:. . . . .,‘.........,. ..,., A.,... ,A.. c... . . . . . . . . . . . . . . . . . . . . . . ..i.. .,.,.,.. ._.,.,.,.,. ,., (.,. >..>:...>I-...:.g. visual hpacts ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . . . . . . . . . . . . . . . . . . . . . ..a . . . . -.> . . . . . . ..L~.._....._L....................... ,.,.. .,.,\.,.,...i./. ii ~~~~~~~~~~~~~~~ ‘~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.~~~.~~~.~~~ :.;.:.:.; .,........._.,..,_. :.:.:.:.:.:.:.p:.:.:.:.:.:.:.; ..,.,.,.,. ii:.: .__....._.,.... . . . . . .:. estate sign area allowed for either the zone of the advertised lot or the zone of the lot on which the sign is located, whichever is less.” EXHIBIT 4 PLANNING COMMISSION April 21, 1993 PAGE 23 Motion was made by Commissioner Welshons, and duly seconded, to reconsider on new information received from the City Attorney. Schlehuber, and Welshons Hall, Erwin, and Schramm ABSTAIN: None ZCA 93-02 6. Z&+99+- OFFSITE REAL ESTATE SIGNAGE - Request for recommendation of approval of: (1) a Negative Declaration, and (2) an amendment to Chapter 21.41 of the Carlsbad Municipal Code to conditionally allow the placement of offsite real estate signage on private property. ZCA 93-02 Due to the late hour, Chairman Erwin called for a motion to continue w to the first meeting in May. ZCA 93-02 ACTION : Motion was made by Commissioner Erwin, and duly seconded, to continue X&8&2 to May 5, 1993. VOTE: 7-O AYES: Chairman Noble, Commissioners Erwin, Hall, Savary, Schlehuber, Schramm, and Welshons NOES: None ABSTAIN: None would be Commissioner Schramm’s last meeting and there would be 1993 at the Aviara Brigantine Restaurant. ADJOURNMENT: By proper motion, the Regular meeting of April 21, 1993 was adjourned at lo:16 p.m. to 12:00 noon on at the Aviara Brigantine Restaurant. BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRIT-TEN MINUTES ARE APPROVED. MINUTES PLANNING COMMISSION May 5,1993 PAGE 2 tence of paragraph six, page 7, be corrected to t paragraph, page 16, be corrected to read, ional concessions.” t line of the last paragraph, page 18, be “...it implies that other incentives must be given.” t sentence of the last paragraph, page 22, be in most appeals of a Planning onded, to approve the Minutes of the issioners Erwin, Hall, Schlehuber, Schramm, and Welshons ABSTAIN: Commissioner Savary CONSENT: 1. CT 89-23 - CASA DEL SOL - Request for of Tentative Map Carlsbad Tract 89-23. Staff recommends approval, based on the findings and staff report. ACTION: Motion was made by Commissioner Commission Resolution No. 3521 Map Carlsbad Tract 89-23, Casa VOTE: 7-O AYES: Chairman Noble, Commissioners Welshons NOES: None ABSTAIN: None ber, Schramm, and CONTINUED PUBLIC HEARING: 2. ZCA 93-02 - OFFSITE REAL ESTATE ‘SIGN AMENDMENT - Request for an amendment to Chapter 21.41 of the Carlsbad Municipal Code, allowing the placement of additional offsite real estate signs. Michael Grim, Assistant Planner, reviewed the background of the request and stated that approximately one and one-half years ago the State amended their legislation to preempt local ordinance which prohibits a person from placing an off-site real estate sign advertising their property for sale or lease. The intent of the legislation was to allow an open house sign at the corner of a prominent intersection in order to direct traffic to the house being advertised. Staff amended Carlsbad’s code to reflect that change and used the strictest interpretation of the law, i.e. that only one off-site sign would be allowed. The State recently amended their legislation once again, and this time it expressly states that one sign is not enough. However, neither of the State amendments changed our local authority to address the size of the signs, placement location on the property, etc. This Zone Code Amendment is, therefore, very minor in nature and only changes the singular to a plural, i.e. a person can place more than one off-site sign on different properties advertising their property’ for sale or lease; however, the sum of any signs on the lot cannot PLANNING COMMISSION May 5,1993 PAGE 3 exceed the square footage allowed for that lot. Mr. Grim stated that in the case of single family residential, the maximum square footage for real estate signs is 3 s.f. A person could either have one sign equaling 3 sf. or three signs, 1 s.f. each. The proposed changes comply with all regulations and staff recommends approval of ZCA 93-02. Commissioner Welshons inquired if the ordinance specifies a time limit on how long the real estate signs may stay up. Mr. Grim replied that no time limit is specified. It should be noted however, that the property owner’s permission is required to post any and all signs. Commissioner Savary inquired if an individual would be permitted to have more than one sign advertising more than one house. Mr. Grim replied that this would be allowed, however the property is restricted to the total square footage allowed. If desired, an owner could post three different 1 s.f. signs advertising three different homes. Commissioner Erwin advised Chairman Noble that he currently holds a California real estate broker’s license and was told by the City Attorney that there would be no conflict of interest for him on this item as long as he made it a matter of record. Commissioner Schlehuber also disclosed that he holds a license as a real estate broker. ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to adopt Planning Commission Resolution No. 3508, recommending approval of ZCA 93-02, based on the findings contained therein. VOTE: 7-O AYES: Chairman Noble, Commissioners Erwin, Hall, Savary, Schlehuber, Schramm, and Welshons NOES: None ABSTAIN: None PUB Request for Planning Commission approval of a Negative mendment to allow for the two phased expansion and ng a Head Start Program with the first phase, on the ace across from Holiday Park, within Local Facilities Eric Munoz, Associate Planner, revs round of the request and stated that the applicant is requesting a CUP amendment for their across from Holiday Park on Eureka Place. The original Girls Club CUP was issued in 1 mended four years ago to add more square footage. This CUP amendment represents a two phased e buildout of the site. They are currently using only the southern half of the lot for their use and a two phased buildout of the entire 1.13 acre site. Each phase complies with all dev s applicable to the underlying R-l zone with regards to lot coverage, building height, and setbacks. I ases, the development standards have been exceeded. This CUP amendment also involves f a new use (Head Start Program) which would occupy 2,400 s.f. in a building to be I. The Head Start Program would retain that same occupancy in Phase II. The main reason rovements is to capitalize on an opportunity which the Girls Club has to take some money modern structures which would allow more classroom and activity area. S Commissioner Erwin inquired if staff had received any response from adjacent property south or east of the project. Mr. Munoz replied that no public response had been receiv project noticing or the noticed envirbnmental review. MINUTES -- . . Cksbad S’iJN Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4850 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 Sun, a newspaper of general circulation, published weekly, in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspa- per at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San 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 w--.e.. -.-. .. ‘: I and entire issue of said newspaper and not NOTICE OF :j PUBLIC HEARING , ZCA 93-2 in any supplement thereof on the follow- ing dates, to-wit: OFF-SITE REAL ESTATE SIGNS , NOTICE IS HEREBY GIVEN that the City Council of the City of Carl- / shad will hold a oublir hearina at the City Council’chambers. l%lO Carlsbad Village Drive. Cartsbad. i California. at6:OOP.M..onTuesday. August 10.1993. to consider approv- f al of an amendment to Title 21. . ChapterZl.41 oftheCarlsbadMuni- - cipal Code to allow the placement of additional off-site real estate r signs. I Ifyou have any questions regard- July 29 19 93 19- 19- ina this matter. olease call Mike G&n in the Plan&g Department, at 433-1161. ext. 4409. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues raised by youorsomeoneelsealthe public hearing described in this 1 notice, or in written correspond;, ence delivered IO the City-&f@& ’ : sbad City Clerk’s Office aP?pr pri& to. the public hearing. 19- I certify under penalty of perjury that the ! Applleant: City of Carlsbad ..’ ,: CARLSBAD CLTY COUt4X.%“! foregoing is true and correct. Executed at CJ 6140: Jtly !2O.l9& ** .&l:RJ. I . Carlsbad, County of San Diego, State of California on the 29th day of July, 1993 V- Clerk of the Printer NOTICE OF PUBLIC HEARING ZCA 93-2 OFF-SITE REAL ESTATE SIGNS NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M., on Tuesday, August 10, 1993, to consider approval of an amendment to Title 21, Chapter 21.41 of the Carlsbad Municipal Code to allow the placement of additional off-site real estate signs. If you have any questions regarding this matter, please call Mike Grim in the Planning Department, at 438-1161, ext. 4499. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior, to the public hearing. APPLICANT: City of Carlsbad PUBLISH: July 29, 1993 CARLSBAD CITY COUNCIL - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, , 1993, to consider approval of a request for an amendment to Chapter 21.41 of the Carlsbad Municipal Code, allowing the placement of additional offsite real estate signs. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after . If you have any questions, please call Mike Grim in the Planning Department at 438-1161, ext. 4499. If you challenge the Zone Code Amendment in court, you 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: ZCA 93-02 CASE NAME: OFF-SITE REAL ESTATE SIGNS PUBLISH: CABLSBAD SUN BLADE CITIZEN SOUTH - CITY OF CARLSBAD CITY COUNCIL MG:km . . (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice ZCA 93-02 - OFF-SITE REAL ESTATE SIGNS for a public hearing before the City Council. Please notice the item for the council meeting of Thank you. MARTY ORENYAK Assistant City Manager JULY 15, 1993 Date