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HomeMy WebLinkAbout1993-08-17; City Council; 12371; ADOPTION OF ORDINANCE NO. NS-253 OFF-SITE REAL ESTATE SIGNSCW OF CARLSBAD - AGENP4 BILL AB#/a.,? TITLE: ADOPTION OF ORDINANCE NO. NS-253 -- DEPT. HD.-&.& MTG.8/1 OFF-SITE REAL ESTATE SIGNS CITY ATTY DEPT. CLK ZCA 93-02 CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. NS-253, amending Title 21 of the Carlsbad Municipal Code to bring the Municipal Code into conformance with state legislation concerning off-site real estate signage. lTEM EXPLANATION Ordinance No. NS-253 was introduced at the regular City Council meeting of August 10, 1993. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published in the “Carlsbad Sun” within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 12,359 on file with the City Clerk. EXHIBIT 1. Ordinance No. NS-253. . II .- - EXHBIT I I 1 2 3 4 5 6 7 8 9 10 ORDINANCE NO. NS-253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE GARDING REGULATION OF SIGNS. WHEREAS, the State of California has amended Section 5272 of the Business and Professions Code and Section 713 of the Civil Code; and WHEREAS, the City of Carlsbad desires and intends to adopt and comply with said amendments, and 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 . . 021 41 050 prohibited slqns No sign with any one or more of the follgwing 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, thereon, (C) Identification of activities thereon, (D) Identification of goods or services offered (E) Information that the property is for sale, lease, exchange or rental by the owner or his or her agent, 28 1 2 3 4 5 - directions to the property, the owner18 or agent's name, and the owner's or agent's address and telephone number. I (F) Non-commercial messages by the owner or !occupant of the property; I (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." 6 'SECTION II: That Title 21, Chapter 21.41.070 is 7 amended by the amendment of subsection 21.41.070(4)(E) to read as 8 follows: 9 "(El Nothing in this chapter shall prohibit any property owner or his- or her authorized agent from displaying 10 off-site real estate signs within the City advertising the following: 11 (1) That the property is for sale, lease, exchange or rental by the owner or his or her agent; 12 (2) Directions to the property; (3) The owner's or agent's name: 13 (4) The owner's or agent's address and telephone number. 14 All off-site real estate signs must comply with the following conditions regulating the location, design and 15 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 16 right of way, nor shall the location of such sign cause any public safety hazards, traffic hazards or significant visual 17 impacts, and the owner of the property must consent to the displaying of a real estate sign on the property. The maximum 18 area of the sign shall not exceed the maXimUm real estate Sign area allowed for either the zone of the advertised lot or the 19 zone of the lot on which the sign is located, whichever is less." 20 EFFECTIVE DATE: This ordinance shall be effective 21 thirty days after its adoption, and the city clerk shall certify 22 to the adoption of this ordinance and cause it to be published at 23 least once in the Carlsbad Sun within fifteen days after its 24 adoption. II 25 l *- 26 l *- 27 28 2 I. INTRODUCED AND FIRST READ at a regular meeting of the 1 Carlsbad City Council on the 10th day of AUGUST , 1993, and 2 thereafter 3 PASSED AND ADOPTED at a regular meeting of the City Council 4 of the City of Carlsbad on the 17th day of AUGUST , 1993, by 5 the following vote, to wit: 6 AYES: Council Members Lewis, Stanton, Nygaard, Finnila 7 NOES: None 8 ABSENT: Council Member Kulchin 9 10 AP VED AS TO FORM AND LEGALITY I.1 /IL-a . Q k 12 RONALD R. 13 BALL, City T%yry, 14 15 ATTEST: 16 17 ALETHA L. RAUTENKRANZ, City Clerfi 18 19 I 20 21 22 II 23 24 25 26 27 28 3