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HomeMy WebLinkAbout1993-10-05; City Council; 12425; A Frame Sign OrdinanceC’-Y OF CARLSBAD - AGE 3 RECOMMENDED ACTION: 2 74 c ii , APPROVING the Negative Declaration issued by the Planning ADOPT Resolution No. 9 3 - 285 V Director, and INTRODUCE Ordinance No. /Vi-a(Po , APPROVING ZCA 93-04. z hl lTEIM EXPLANATION A z b Allow limited exceptions to the “A” Frame Sign prohibition to allow signage for businesses which have pedestrian access only and which may not have a street frontage. (Directory “A” Frame Signs are proposed to provide direction to pedestrian courtyards containing businesses that would not otherwise have the opportunity of providing signage along the street frontage.) Lz b g Consider sign code provisions which may allow other forms of signs as an alternative to “A” 9-l Frame Signs (projecting signs and awning regulations have been proposed). +J l On March 2,1993, the City Council adopted a Resolution of Intention to amend the sign ordinance to prohibit “A” Frame Signs Citywide after January 1,199s. The Council also directed that interim ordinance standards be drawn up to regulate “A” Frame signs in the period until January 1,199s. The following stipulations were made by Council for these regulations: b Include development standards for the signs; b Consult with a Business Group Advisory Committee regarding development standards which could be included in the amendment; b Prohibit “A” Frame Signs from scenic corridors, major & prime arterials, except in the redevelopment area. 22 , :: 2 Devise procedures for review of “A” Frame Signs including an applicant’s signed removal 2: agreement. (d a 2: The ordinance revisions to Title 21 have been drafted in accordance with these stipulations as E follows: 4 ‘2 2 “A-Frame Signs” l “A” Frame signs are prohibited from January 1, 1995 (except Directory “A” Frame signs). 0 Interim standards which regulate the size and placement of the signs have been included. E The same “A” Frame sign as now authorized in the redevelopment area i.e, maximum 3 ft. 5 wide, 5 ft. high and maximum area of 10 sqft. per face, is recommended. 0 Standards which regulate construction and maintenance of the sign to ensure that the signs : would not become unsightly are included. 5 0 8 Standards to ensure the safe placement of the signs are included. PAGE 2 OF AGENDA BILL NO. 12; 4 6 Directorv “A” Frame Signs 0 The code has been written to allow Directory “A” Frame signs which would be a single sign permitted in very limited situations, to serve a group of businesses in pedestrian courtyards which would not otherwise have the opportunity of providing conventional signage along the street frontage. These signs would be allowed to remain after January 1, 1995. All other “A” Frame signs would be prohibited after this time. Projecting Signs and Awning Signs 0 These provide opportunities for signage to be placed at right angles to the face of the building (in a similar way that “A” Frame signs are now placed at right angles to a building). These signs are not currently specifically prohibited by the City’s general sign code regulations but, this amendment would clarify that they are permitted and add specific standards. Definitions 0 In addition to definitions which relate to the new “A” Frame signs staff has taken this opportunity to add a definition for “Sign Program”, a term which was previously missing from the Sign Code, and which is currently frequently used in evaluating development projects. Amendments to Title 18 0 A one sentence change is proposed to ensure this portion of the code will be consistent with the new requirements in Title 21. Staff has met with Business Group representatives and incorporated their recommendations into the ordinance, and a set of “design guidelines” which would be used to supplement the ordinance. An application form has also been prepared which includes a signed statement that the A Frame sign will be removed by January 1, 1995, (Exhibit 6). The Zone Code Amendment was approved unanimously by the Planning Commission at their meeting of July 21, 1993. The Planning Commission also took a separate vote on a resolution which encouraged the Council to extend the time that “A” Frame signs may be allowed beyond January 1, 1995 if unfavorable economic conditions persist. This resolution was approved 6-O-1, abstention Welshons (who felt that the Council stipulated prohibition date of January 1, 1995 was appropriate). SUMMARY The amendment has been prepared in compliance with the Councils resolution of intent, and prohibits “A” Frame Signs Citywide, after January 1,199s. After this time only Directory “A” Frame Signs would be allowed in limited circumstances. Interim development regulations are proposed for the period until January 1, 1995 and new standards are proposed to be added to the code for projecting signs and awnings subject to certain standards to supplement signage options available to merchants. h - PAGE 3 OF AGENDA BILL NO. ’ 2, Y 6 The new sign ordinance provisions will result in the need for staff to spend additional time on enforcement activities and the sign permit approval process. However, existing staff will be used to implement/administer the ordinance and the signs would be allowed only for a limited period. Therefore, no significant additional impact on the general fund is anticipated at this time for staff purposes. ExHrBlTs 1. City Council Resolution No. 9 3 -285 2. City Council Ordinance No. CllS -ub 0 3. Planning Commission Resolution No. 3530 & 3531 4. Planning Commission Staff Report dated July 21,1993 5. Excerpts from Planning Commission Minutes dated July 21, 1993 6. Application Form 8~ Guidelines : -. . . 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .26 '27 28 EXHIBIT 1 \ RESOLUTION NO. 93-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER 18.20 AND TITLE 21, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE TO ADD PROVISIONS FOR "A" FRAME, PROJECTING AND AWNING SIGNS. CASE NAME: "A" FRAME SIGNS CASE NO: ZCA 93-04 WHEREAS, the Planning Commission did on July 21, 1993, hold a duly noticed public hearing as prescribed by law to consider amending Title 18, Chapter 18.20 and Title 21, Chapter 21.41 of the Carlsbad Municipal Code to add provisions for "A" Frame, projecting and awning signs; and WHEREAS, the City Council of the City of Carlsbad, on the 5th day of OCTOBER I 1993, held a duly advertised public hearing to consider said amendment and at that time received the recommendations, objections, protests, comments of all persons interested in or opposed to ZCA 93-04; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the revised text for the Zone Code Amendment (ZCA 9.3-04) is approved according to Exhibit "X", dated July 21, 1993, attached hereto, and that the findings of Planning Commission Resolution No. 3531, on file in the Planning Department and made a part hereof are the findings of the City Council. . . . . . . . . . . . . . . . PASSED, APPROVED AND ADOPTED at a regular meeting of the - .l City Council of the City of Carlsbad, California, on the 2 5th day of OCTOBER , 1993, by the following vote, 3 to wit: 4 AYES: Council Members Lewis, Stanton, Kulchin, Finnila 5 NOES: None 6 ABSENT: Council Member 7 a 9 10 ATTEST: J.J. 12 ALETHA L. 13 14 15 16 17 .la (SEAL) 19 I 20 21 22 23 24 II 25 26 27 28 -2- . . A EXHIBTT “X” Dated July 21, 1993 ORDINANCE NO. . I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2/ CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER 18.20 AND TITLE 21, CHARTER 21.41 OF THE CAIUSBAD MUNICIPAL 3l CODE TO ADD PROVISIONS FOR "A" FRAME, PROJECTING AND AWNING SIGNS. 4 CASE NAME: "A" FRAME SIGNS * 0' 5' The City Council of the City of Carlsbad, California, 6 does ordain as follows: 7 SECTION 1: That Title 18, Chapter 18.20, Section a 9 10 t 8.20.085 shall be amended to read as follows: "The following types of temporary signs may be erected ithout permit or fee, but shall be subject to the provisions of his chapter: 11 [ (1) Portable (Chapter 2 - Section 212 Uniform Sign ode) temporary signs less than four square feet except “An Frame 12 igns and Directory "A" frame signs as defined in Chapter 21.41 of his Code. 13 (2) A temporary sign descriptive of a building nder construction or proposed to be constructed and denoting the 14' rchitect engineer, contractor, or financier when placed entirely upon private property: provided that no such sign for 15 private construction in a residential district shall have an area in excess of twelve square feet; and provided, further, that every 16'such sign shall be removed immediately upon completion of the work." 1'7 SECTION 2: That Title 21, Chapter 21.41, Section ia 21.41.030, is amended to add subsections 19 !: 1.41.030(1)(2)(5)(7)(11)(14) and (19) in alphabetical order ,to 20 21 22 23 i ead as follows and renumber the current subsections accordingly: "(1) @@At1 frame sign means a freestanding sign sually hinged at the top, or attached in a similar manner, and idening at the bottom to form a shape similar to the letter "A". uch signs are designed to be portable and are not affixed to any bject, structure or the ground. 24 (2) "Affixedn means attached in any manner, including, but not limited to, adhesive substances or suction- 25 26 27 1 (5) "Awning or Canopy Signn'means a sign which is rinted on, painted on, or attached to an awning or canopy. (7) "Directory nAN frame" sign means a single sign for a group of businesses (not a single sign for a single usiness) within a pedestrian courtyard arcade or mall. In order o qualify for a Directory “A” frame sign the principal signs for 28 khese businesses must be located where they cannot be seen by 'Tedestrian traffic from outside the arcade or mall. c 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 (11) "Height of Sign" means the least vertical distance measured from the established sidewalk elevation beneath SnY sign to the highest projection of the sign structure, including architectural design features. Where no projection over the sidewalk is involved, the term shall refer to the least vertical-distance between the ground and the highest part of the sign. (14) 8RProjecting or Hanging Sign" means a sign which is affixed to the face of a structure (not an awning or canopy) and which projects perpendicular to the face of the structure. (19) flSign Program" means design criteria established to guide the design of all signs on a building or complex, including elements such as material, color, size, location, lighting, and.uniformity.lU SECTION 3: That Title 21, Chapter 21.41, Section 21.41.050 is amended to add subsection 21.41.050(6) and 21.41.050(7) as follows: "(6) Signs erected on or over public property including public easements and public right of way except as provided in section 21.41.077, subsections 21.41.070(10) and (11) and Section 21.41.140." (7) A-Frame signs except Directory “An Frame signs after January 1, 1995. SECTION 4: That Title 21, Chapter 21.41, Section 21.41.070 is retitled and the first paragraph is amended to read as follows: ds, Signs shall be subject to the following development standardstH SECTION 5: That Title 21, Chapter 21.41, Section 21.41.070 is amended to add subsections 21.41.970(11) and 21.41.070(12) as follows: " (11) Projecting and .hanging signs shall be permitted subject to the following conditions: (A) No more than one such sign shall be peZTIIitt8d for each separate business; (B) The area of such signs shall not exceed six square feet per face notwithstanding th8 provisions of Section 21.41.070(2). (Cl Such signs shall be externally illuminated only. Internally illuminated projecting or hanging signs shall be prohibited. 2 1 92 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' 'a S f ‘9 b f (D) All portions Of such signs including mpporting brackets shall maintain a minimum height of seven (7) Sect above any Walkway and fourteen (14) feet above any road, lrive or alley. (12) Canopy or awning signs shall be permitted subject to the following conditions: (A) The aggregate area of all facade signs .ncluding awning and canopy signs shall not exceed the size specified in Section 21.41.070(2) Table 1. (B) All portions of such sign including supporting brackets shall maintain a minimum height of seven (7) teet above any walkway and fourteen (14) feet above any road, [rive or alley." SECTION 6. That Title 21, Chapter 21.41, is amended to tdd Section 21.41.077 as follows: "21 41.077. Directorv ccAn Frame Sians, (a) Directory ‘@Am frame signs shall be allowed under :he following conditions: (1) The maximum area of the sign shall b8 ten quare feet per face, notwithstanding the provisions of Section 11.41.070. (2) @@An frames shall have a maximum of two faces ter sign. :eet. (3) The maximum width of the sign shall be three 'eet. (4) The maximum height of the sign shall be five (5) Signs shall be either square or rectangular. (6) A maximum of one Directory *‘An frame sign per !omplex is permitted. (7) Every sign and all parts, portions and materials shall be manufactured, assembled and erected in compliance with all applicable State, Federal and City regulations nd the Uniform Building Code and shall be of a durable material. (8) All sign parts, portions, and materials shall 18 kept in good repair. The signs shall be stable. Th8 display urface of all signs shall be kept clean, neatly painted, and free 'ram rust and corrosion. Any cracked, broken surfaces, missing ;ign copy or other unmaintained or damaged portion of a sign shall le repaired or replaced or removed within 30 calendar days iollowing notification by the City. (9) No such sign shall be closer than ten feet 'rom any other sign permitted by this section. (10) Signs shall not be placed in such a way as to .nterfere with pedestrian or vehicular sight lines as specified by #he City of Carlsbad. (11) Signs shall not be placed in such a way as to Ibstruct'access to a public street, driveway, parking space, fire 1oor, fire escape, handicapped access or in such a way that it bbstructs free passage over any public right-of-way. (12) Signs shall not obscure or interfere with the lffectiveness of any official notice or public safety sign or ,evice. Signs shall not simulate in color or design a traffic 3 - . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '26 27 28 object, (13) Signs shall not be permanently affixed to any structure or the ground including utility poles, light poles, trees, or any merchandise or products displayed outside permanent buildings. , / (14) The signs shall only b8 located in front of buildings to which they relate. (b) Notwithstanding the provisions of Chapter 11.16 of the Municipal Code, "A" frame signs may be located within the public right-of-way subject to the requirements of this section. I (c) The signs shall be prohibited on public and private property abutting prime arterial and major arterial streets and scenic corridors except in the redevelopment area. (d) Other IcAn frame signs. *rA8q frame signs other than Dir8CtOry lfAw frame signs shall be permitted subject to the following conditions: (1) All the provisions of Subsections 21.41.077(a)(b) (c) and (e) shall be complied with: (2) A maximum of one ‘@A” frame sign per business is permitted Other than a "Directory" A frame sign. (3) All “A* frame signs, other than "Directory A Frame" signs, shall be prohibited after January 1, 1995, and removed prior to that date. (8) A sign displayed in violation of this section is declared to be a public nuisance and subject to abatement pursuant to the provisions of this,chapter and Chapter 18.20." 1 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 ‘1, least once in the Carlsbad Sun within fifteen days after its i adoption. sign or signal, or make use of words, symbols or characters in such a manner as may confuse pedestrian or vehicular traffic. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the thereafter day of I 1993, and . . . . . . . . . . . . . . . 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 1993, by the following vote, to wit: day of I AYES: NOES : ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor TTEST: ALETHA L. RAUTENKRANZ, City Clerk 5 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 "The following types of temporary signs may be erected rithout permit or fee, but shall be subject to the provisions of :his chapter: t C I (1) Portable (Chapter 2 - Section 212 Uniform Sign !ode) temporary signs less than four square feet except "A" Frame signs and Directory "A " frame signs as defined in Chapter 21.41 of :his Code. (2) A temporary sign descriptive of a building under construction or proposed to be constructed and denoting the rchitect engineer, contractor, or financier when placed entirely upon private property; provided that no such sign for rivate construction in a residential district shall have an area .n excess of twelve square feet: and provided, further, that every uch sign shall be removed immediately upon completion of the fork." 2 SECTION 2: That Title 21, Chapter 21.41, Section 11.41.030, is amended to add subsections ~1.41.030(1)(2)(5)(7)(11)(14) and (19) in alphabetical order to 2 r *cad as follows and renumber the current subsections accordingly: U W S 0 i " (1) "A" frame sign means a freestanding sign sually hinged at the top, or attached in a similar manner, and ridening at the bottom to form a shape similar to the letter "A". luch signs are designed to be portable and are not affixed to any Ibject, structure or the ground. (2) "Affixed" means attached in any manner, ncluding, but not limited to, adhesive substances or suction. (5) "Awning or Canopy Sign" means a sign which is rinted on, painted on, or attached to an awning or canopy. (7) "Directory "A" frame" sign means a single sign 'or a group of businesses (not a single sign for a single usiness) within a pedestrian courtyard arcade or mall. In order .o qualify for a Directory "A" frame sign the principal signs for .hese businesses must be located where they cannot be seen by ledestrian traffic from outside the arcade or mall. P - EXHIBIT 2 ORDINANCE NO. NS-260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER 18.20 AND TITLE 21, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE TO ADD PROVISIONS FOR "A" FRAME, PROJECTING AND AWNING SIGNS. CASE NAME: "A" FRAME SIGNS CASE NO: ZCA 93-04 The City Council of the City of Carlsbad, California, Lees ordain as follows: SECTION 1: That Title 18, Chapter 18.20, Section .8.20.085,shall be amended to read as follows: (11) "Height of Sign" means the least vertical 1 distance measured from the established sidewalk elevation beneath any sign to the highest projection of the sign structure, 2 including architectural design features. Where no projection over the sidewalk is involved, the term shall refer to the least, 3 vertical distance between the ground and the highest part of the sign. 4 (14) "Projecting or Hanging Sign" means a sign which is affixed to the face of a structure (not an awning or 5 canopy) and which projects perpendicular to the face of the structure. 6 (19) "Sign Program" means 'design criteria established to guide the design of all signs on a building or 7 complex, including elements such as material, color, size, location, lighting, and uniformity." 8 SECTION 3: That Title 21, Chapter 21.41, Section 9 21.41.050 is amended to add subsection 21.41.050(6) and 10 21.41.050(7) as follows: "(6) Signs erected on or over public property including right of way except as provided in subsections 21.41.070(10) and (11) and Section A-Frame signs except Directory "A" Frame signs SECTION 4: That Title 21, Chapter 21.41, Section and the first paragraph is amended to read l7 as II follows: 18 "Development Standards. Signs shall be subject to the following development lg standards:" 20 SECTION 5: That Title 21, Chapter 21.41, Section 21 21.41.070 is amended to add subsections 21.41.070(11) and 22 21.41.070(12) as follows: 23 "(11) Projecting and hanging signs shall be permitted subject to the following conditions: 24 (A) No more than one such sign shall be permitted for each separate business. 25 (B) The area of such signs shall not exceed six square feet per face notwithstanding the provisions of Section 26 21.41.070(2). (Cl Such signs shall be externally 27 illuminated only. Internally illuminated projecting or hanging signs shall be prohibited. 2 1 2 3 4 5 6 7 - (D) All portions of such signs including supporting brackets shall maintain a minimum height of seven (7) feet above any walkway and fourteen (14) feet above any road, drive or alley. (12) Canopy or awning signs shall be permitted subject to the following conditions: (Al The aggregate area of all facade signs including awning and canopy signs shall not exceed the size' specified in Section 21.41.070(2) Table 1. (B) All portions of such sign including supporting brackets shall maintain a minimum height of seven (7) feet above any walkway and fourteen (14) feet above any road,, drive or alley.** SECTION 6. That Title 21, Chapter 21.41, is amended to 8 add Section 21.41.077 as follows: 9 "21.41.077. Director-v **A** Frame Sisns. 10 (a) Directory **A" frame signs shall be allowed under the following conditions: 11 (1) The maximum area of the sign shall be ten square feet per face, notwithstanding the provisions of Section 12 21.41.070. (2) **A*' frames shall have a maximum of two faces 13 per sign. 14 feet. 15 feet. (3) The maximum width of the sign shall be three (4) The maximum height of the sign shall be five (5) Signs shall be either square or rectangular. 16 (6) A maximum of one Directory *'A** frame sign per complex is permitted. 17 (7) Every sign and all parts, portions and materials shall be manufactured, assembled and erected in 18 compliance with all applicable State, Federal and City regulations and the Uniform Building Code and shall be of a durable material. 19 (8) All sign parts, portions, and materials shall be kept in good repair. The signs shallbe stable. The display 2. surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, missing 21 sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced or removed within 30 calendar days z2 following notification by the City. (9) No such sign shall be closer than ten feet 23 from any other sign permitted by this section. (10) Signs shall not be placed in such a way as to 24 interfere with pedestrian or vehicular sight lines as specified by the City of Carlsbad. 25 (11) Signs shall not be placed in such a way as to obstruct access to a public street, driveway, parking space, fire 26 door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way. 27 (12) Signs shall not obscure or interfere with the effectiveness of any official notice or public safety sign or 28 device. Signs shall not simulate in color or design a traffic 3 sign or signal, or make use of words, symbols or characters in 1 such a manner as may confuse pedestrian or vehicular traffic. (13) Signs shall not be permanently affixed to any 2 object, structure or the ground including utility poles, light poles, trees, or any merchandise or products displayed outside 3 permanent buildings. (14) The signs shall only be located in front of 4 buildings to which they relate. (b) Notwithstanding the provisions of Chapter 5 11.16 of the Municipal Code, '*A** frame signs may be located within the public right-of-way subject to the requirements of this 6 section. (c) The signs shall be prohibited on public 7 and private property abutting prime arterial and major arterial streets and scenic corridors except in the redevelopment area. 8 (d) Other **A** frame signs. **A** frame signs other than Directory **A'* g frame signs shall be permitted subject to the following conditions: 10 (1) All the provisions of Subsections 21.41.077(a)(b)(c) and (e) shall be complied with; 11 (2) A maximum of one **A** frame sign per business is permitted other than a **Directory" A frame sign. 12 (3) All '*A'* frame signs, other than **Directory A Frame** signs, shall be prohibited after January 1, 13 1995, and removed prior to that date. W A sign displayed in violation of this 14 section is declared to be a public nuisance and subject to abatement pursuant to the provisions of this chapter and Chapter 15 18.20." 16 EFFECTIVE DATE: This ordinance shall be effective 17 thirty days after its adoption, and the city clerk shall certify 18 to the adoption of this ordinance and cause it to be published at I9 least once in the Carlsbad Sun within fifteen days after its 2. adoption. II 21 INTRODUCED AND FIRST READ at a regular meeting of the 2, Carlsbad City Council on the day of , 1993, and 23 thereafter 26 l ‘* 4 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: ALETHA L. RAUTENKRANZ, City Clerk 5 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 3 PLANNING COMMISSION RESOLUTION NO. 3530 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO TITLE 21 CHAPTER 21.41 OF THE MUNICIPAL CODE ADDING PROVISIONS FOR “A” FRAME, AWNING AND PROJECTING SIGNS. CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 93-04 WHEREAS, the Planning Commission did on the 21st day of Juiy, 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, ex amining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Negative Declaration according to Exhibit “ND”, dated April 29, 1993, and “PII”, dated April 15, 1993, attached hereto and made a part hereof. . . . . . . . . . . . . . . . t . 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 21st day of July, 1993, by the following vote, to wit: AYES: Chairperson Noble; Commissioners: Schlehuber, Betz, Welshons, Savary, Erwin & Hail. NOES: None. ABSENT: None. ABSTAIN: None.’ A&x4 ATTEST: & BAILEY NO&E Chairperson CARLSBAD PLANNING COMMISSION MICHAEL J. HOLZIkkER PLANNING DIRECTOR PC RESO NO. 3530 -2- t -4 -1 PROJECT ADDRESS/LOCATION: City of Carlsbad - Cityvide PROJECT DESCRIPTION: An Amendment to Section 21.41 .OlO of the Carlsbad Municipal Code to add provisions for consideration of “A” frame signs on a limited basis. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of C&bad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on fle in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, C&bad, California 92009. Comments kom the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Robert Green in the Planning Department at (619) 438-1161, extension 4442. . DATED: APRIL29,1h3 CASENO: ZCA 93-W Planning Director CASE NAME: “A” FRAME SIGNS PUBLISH DATE: APRIL 29,1993 -._._.._ m-w --a--- --se-- - e . ..A- L-A ea.**---:- A--AA .CTd a IP.b\ A-n-* 4c1 a -4 -4 ENV[RONMENTALIMPACf'ASESSMENTFORM- PARTII (TO BE COMPLETED BY THE PLANNING DEPARTMENT) -. BACKGROUND CASE NO. ZCA 93-04 DATE: RIL 15. 1993 1. CASE NAME: “A” Frame Signs 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: Citv of Carlsbad Carlsbad CA 92009 4. DATE EIA FORM PART I SUBMITTED: April 15. 1993 5. PROJECT DESCRIPTION: An Amendment to Section 21.41 .OlO of the Carlsbad Muni&al Code to add nrovisions for consideration of "A" frame signs on a limited basis. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist 8 identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. + A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, “NO” will be checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a sienificant e&&t on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are shown in the checklist under the headings “YES-&” and YES-in@ respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined signXcant. -- -- PHYSICAL FBvIRoNMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. x x x Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? Appreciably change the topography or any unique physical features? Result in or be affected by erosion of soils ’ either on or off the site? Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? x Result in substantial adverse effects on . ambient air quality? X Result in substantial changes in air movement, odor, moisture, or temperature? X Substantially change the course or flow of water (marine, fresh or flood waters)? X Affect the quantity or quality of surface water, ground water or public water supply? X Substantially increase usage or cause depletion of any natural resources? X Use substantial amounts of fuel or energy? X Alter a significant archeologica& paleontological or historical site, structure or object? X -2- -- -- BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL’ DtRECTLY OR [NDIRECTLY: YES YES (sigl WigI 12. 13. 14. 15. 16. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? Introduce new species of plants into an area, or a banier to the normal replenishment of existing species? Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? NO x x ‘X x Introduce new species of animals into an area, or result. in a barrier to the migration or movement of animals? X HuMANmoNMENT WILL THE PROPOSAL DIRECI’LY OR INDIRECTLY: YES YES NO (rigI (ins&) 17. Alter the present or planned land use of an area? X 18. Substantially affect public utilities, schools, police, !‘ire, emergency or other public services? X -3- -.- -- HUMANENVIRONMENT WILL THE PROPOSAL DtRECI’LY OR INDIRECTLY: 19. 20. 21. 22. 23. 24. 2s. 26. 27. a8. 29. 30. 31. 32. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? tncrease existing noise levels? Produce new light or glare? Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand for additional housing? Generate substantial additional traffic? Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air traffic? Increase traffic hazards to motor vehicles, bicyclists or pedestrians? Interfere with emergency reqonse plans or emergency evacuation plans? Obstruct any scenic vista or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? YES big) YES (ins@) NO x x x X x X X X X X X X 4 hl -- MANDATORY FINDINGS OF SIGNIFICANCE .VVILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES big) (ins@) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 3s. Does the project have the possible environmental effects which are in- dividually limited but cumulativeIy considerable? (“Cumulatively con- siderable” means. that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other curnnt projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial advene effects on human beings, either directly or indirectly? NO X x X X -- -- DISCUSSION OF EWRONMENTAL EVALUATION this project allows the placement of portable signs throughout the City of Carlsbad on a limited basis, ~nfl January 1st 1995. The ordinance will apply location standards which will help ensure that the signs are not detrimental to public health, safety and welfare.’ Additionally, the ordinance contains size constraints which will reduce the visual prominence of the sign. Based on the above the project will not have a signifkmtly detrimental effect on the environment. . ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed project, and g) no project alternative. -- A- Jz..-. - --=YVIIN.4TION (To Be Completed By The Planning Depanmenr) On the basis of this initial evaluation: Y [ End the p;oposed project COULD NOT have a significant effect on the environment, and a NEGATIVE A DECLUL\TIOIV will be prepared. I :+A r5.z~ tke Troposed project COULD NOT have a significant effect on the environment, because the o-~:rczmer,tal’ effects of the proposed project have already been considered in conjunction with b.. s:e\<ously certified environmental documents and tie additional environmental review is required. Therefore, a Notice of Determination has been prepared. - 1 End that although the proposed project could have a significant effect on the environment, there will r,ot be a signiiicant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. - i End the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL ThlP.ICT REPORT is required. .?I’IT.ACH MITIGATION MONITORING PROGRAM (IF APPLICABLE’1 -a- 1 2 3 4 5 6 7 8 9 10 I.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .-- P-GCOMMISSIONRESOLUTIONNO.3531 ARESOLUTION OFTHE PLANNING COMMISSIONOFTHE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT To TITLE ~~,CI-~TER 18.20 SECTION18.20.085TOENSURECONSISTENCYWITH ' PROPOSEDAMENDMENTSTOTITLE21;ANDAZONECODE AMENDMENT AMENDING TITLE 21, CHAPTER 21.41, OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTIONS 21.41.030(1)(2)(5)(7)(11)(14) AND (19) WHICHFURTHERDEFINESTERMSASSOCIATEDWITH"A" FRAME SIGNS AND PROJECTING AND AWNING SIGNS, AMENDMENTOFSECTION21.41.050WHICHDEFINESTHE ORDINANCESAPPLICABILITY,ADDITIONOFSUBSECTIONS 21.41.070(10) AND (11) WHICH ADDS STANDARDS FOR PROJECTINGANDAWNINGSIGNS,ANDTHEADDITIONOF SECTION 21.41.077 WHICH ADDS STANDARDS FOR "A" FRAME SIGNS. CASENAME: CITYOFCARLSBAD CASENO: ZCA 93-04 WHEREAS, the Planning Commission did on the 21 st day of July, 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,BEITHEREBYRESOLVED bythe PlanningCommission 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 93-04, according to Exhibit ‘X’, dated July 21, 1993, attached hereto and made a part hereof, based on the following hdings. Fink: 1. The Zone Code Amendment is consistent with the General Plan. 2. The Zone Code Amendment is consistent with the City’s sign code, since it provides development standards for the regulation of signs. 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 -a -- 3. The Zone Code Amendment will not cause any significant environmental impacts and a Negative lhclaration has been issued by the Planning Director on April 29, 1993, and reco mmended for approval by the Planning Commission on July 21, 1993. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of July, 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Noble; Commissioners: Schlehuber, Betz, Welshons, Saw-y, Erwin & Hail. None. None. None. L BAILEY NOB& Chairperson CARLSBAD PLkNING COMMISSION ATTEST: PLANNING DIRECTOR PC RESO NO. 3531 -2- DATE: TO: FROM: SUBJECT: I. ~--4 EXHIBIT 4 STAFF PLANNER: ROBERT GREEN STAFF REPORT JULY 21,1993 PLANNING COMMISSION PLANNING DEPARTMENT ZCA 93-04 - “A” FRAh4E SIGNS - Amendment to Title 21.41, and Title 18.20 (Sign Ordinances) of the Municipal Code to prohibit “A” frame signs after January 1, 1995; to permit !‘A” frame signs subject to interim regulations only until January 1, 1995; and to permit three new categories of signs - projecting, awning and directory signs. RECOMMENDATION That the Planning Commission ADOPT Resolution No. 3530 recommending APPROVAI, of a Negative Declaration issued by the Planning Director, and WpT Resolution No. 3531 recommending APPROVAI, of ZCA 93-04 based on the findings contained therein. II. J’ROJECI’ DESCRFIION AND BACKGROUND This project is a zone code amendment to Title 21, Chapter 21.41, and Title 18.20 (Sign Ordinances) of the Municipal Code to prohibit “A” frame signs after January 1, 1995; to permit “A” frame signs subject to interim regulations only until January 1, 1995; and to permit three new categories of signs - projecting, awning and directory signs. In February and March of this year, the City Council held public hearings on a Resolution of Intent to consider amendments to the Municipal Code to prohibit “A” frame sim. Prior to this time the Council had received representations both for and against “A” fkame signs and had taken several actions. (See Chronology Attachment #4.) . . Counal Ream At the February and March hearings the City Council consensus was to prohibit “A” fkame signs. The council determined that the long term &advantages of “A” frame signs (such as proliferation, poor design, enforcement problems) outweighed the short term advantages of these signs. ZCA 93-M - “A” FRAME SIGNS JULY 21, 1993 PAGE 2 The Council directed that the prohibition should be phased in, and take effect on January 1, 1995. (due to the current economic situation). Until that time “A” frame signs would be allowed only subject to certain interim design regulations. These regulations have been developed based on the following council stipulations: 1. 2. 3. 4. 5. 6. Form a Business Group Advisory Committee who are to give input to staff on interim “A” frame sign development standards to be used until January 1, 1995, only. All “A” frame signs are to be prohibited from scenic corridors, prime arterial and major arterial streets except in the Redevelopment Area. Include sign code provisions which will allow other forms of signs as an alternative to “A” frame signs - eg. projecting signs, awnings. Allow “A” f&me signs citywide subject to interim design regulations until January 1, 1995. After that date, all ‘A” frame signs, are to be removed (except Directory “A” frame signs - see below). Applications for “A” f&me signs must be accompanied by a signed agreement by the applicant that the sign will be removed on January 1, 199s. Allow certain very limited exceptions to be considered for uses which have limited on-street.signage opportunities.’ (see directory “A” frame signs below). AUow existing “A” frame signs which comply with the new Ordinance (to be adopted September, 1993), to’stay until January 1,199s. All other “A” fbame signs must be removed or brought into compliance. Staff have therefore made the ordinance amendments which require the ultimate phaseout, and prohibition of “A” fkame signs after January lst, 1995, based on the above Council stipulations. Staff has also met with a Business Advisory Group; a volunteer group of merchants who gave their input on interim design standards. Their recommendations were included in the ordinance st&ards and design guidelines. s . w of the Ordmance Qlendmen tg The attached ordinance has the following major components: . “A” frame signs are to be prohibited on January 1,1995, (except directory “A” frame signs - see below). ZCA 93-04 - “A” FRAME SIGNS JULY 21, 1993 PAGE 3 . Interim standards which regulate the size and placement of “A” frame signs until January I, 1995, are included (the recommended “A” frame sign size remains the same as authorized in the redevelopment area i.e., maximum 3 ft. wide, 5 ft. high and maximum area of 10 sq. ft. per face). . Interim standards which regulate the construction and maintenance of the sign are also included. . The new code contains permission and standards for directory “A” frame signs which would be allowed to be retained after January 1, 1995. Directorv “A” Frame Signs The code has been written to allow directory “A” fkame signs, which would be permitted in very limited situations, to provide a single sign for direction to pedestrian court yards containing groups of businesses that would not otherwise have the opportunity of providing conventional signage along the street frontage. These signs would provide group identification and information for these businesses on a single sign and would be allowed to remain after January 1, 1995. All other “A” frame signs would be prohibited after this time. This regulation has been included to address the signage problems peculiar to this particular group of businesses. Proiectinn Signs and Awnings The sign code currently alIows these signs within the framework of the general sign regulations. Staff has taken the opportunity to provide more specific standards for these signs in this amendment. These signs provide an alternative to “A” frame signs. Since they allow a sign to be placed at right-angles to the face of the building and thereby provide a similar signage opportunity to ‘A” kame signs which may also be similarly placed at right angles to the face pf the building. The proposed projecting sign standards allow externally illuminated projecting signs of limited size. Awning regulations would allow signs to be placed on awning faces in accordance with current sign size regulations. In addition to defining the new signs included in this amendment three new definitions have been added. The term “affixed” is included to assist in further dehing the portable nature of “A” frame signs. “Height of sign” is added for the purposes of regulating the location of projecting signs. St&T have also taken the opportunity to add a deihition of “Sign Program” along with this amendment since this term is currently widely used in development project review, and is not now defined in the code. ZCA 93-04 - “A” FRAME SIGNS JULY 21, 1993 PAGE 4 Amendments to Title 18 A one sentence amendment is proposed to this portion of the code to ensure that portable signs require a permit to be consistent with the new requirements in Title 21. Revised Ordinance Reference A legislative draft (Attachment 3) has been provided to assist in identifying additions and deletions to the code. Guidelines Guidelines are also recommended to supplement the ordinance by providing direction on the aesthetics of the signs and suggesting techniques to make the signs more visually pleasing (Attachment 1). The guidelines are intended to provide some guidance while still allowing some flexibility in the sign design. The guidelines, which were jointly prepared by the staff and Business Advisory Group (see “Council Requirements” #2 above) would be attached to the sign application form. GENERAL PW The proposed amendment mod&s the applicability of the Zoning Ordinance and provides minor modifications to star&& only. The changes are consistent with the zones, therefore the sign code sections of the Municipal Code remain consistent with the General Plan. IIL REvIEw The Zone Code Amendment was analyzed through an Environmental Assessment and would not create any significant adverse environmental impacts, therefore a Negative Declaration was issued on April 29,1993. The amendment has beal prepared in compliance with the Council’s Resolution of Intent to prohibit “A” fkame signs and incorporates the recommendations of the Business Advisory Group. The proposed ordinance would permit “A” frame signs, under certain interim conditions only until January 1,199s. After this time only directory “A” frame signs would be allowed in limited chumstances. New provisions are also proposed to be added to the code to allow projecting signs and awnings. . F. - ZCA 93-04 - “A” FRAME SIGNS‘ JULY 21, 1993 PAGE 5 A’TTACHMENTS’ 1. Planning Commission Resolution No. 3530 2. Planning Commission Resolution No. 3531 3. Legislative Draft (for reference) 4. “A” frame Sign Chronology 5. “A” frame Sign Guidelines. RG:d May 10, 1993 Sections: 21.41.010 21.41.015 21.41.020 21.41.030 21.41.040 21.41.050 21.41.060 21.41.070 21.41374 21.41.075 Chapter 21.41 SIGNS* Application - Violation. Removal of nonconforming signs. Conformance with sign code. Definitions. Signatures required on application for sign permit Prohibited signs. Exemptions. Height limitations. Service station price signs. Additional communfty identity and freestanding signs. ~~~~~~~~~~~~~ - . . . . .CAi’...... _... :,.. . . . . . . ::.;.:.>:p.;: . . . . . . . . . . . . . . __ _ .,:. ..,. ::.:,:.; ..,.. :.: ../. :... . . . . . ..~.~...~. 21.41.076 21.4l.Of30 21.41.081 21.41.082 21.41.083 21.41.084 21.41.085 21.41.086 21.41.087 21.41.083 21.41.090 21.41.100 21.41.110 21.41.120 21.41.130 21.41.140 21.41.150 21.41.160 21.41.170 Temporary community directional signs. Time limit for conformance of existing sign. Removal of amortized signs. Declaration of amoritization - Notice of removal. Removal of sign after notice Application for extension of time for removal. Council action. Notice of decision. Decision final. Speciai provisions for cettain off-premises advertising displays. Sign removal when use discontinued. Conditions for bench advertising. Campaign signs - Purpose and intent of provisioaa Campaign signs - Permitted when - Regulations generally. Campaign signs - Size regulations - Residential zone RgUlatiOns. Campaign signs in public right of way. Campaign signs - Time limit for position and removal. campaign signs - sign permit required - Scope - Removal authorised when. Constitutionality. . . - LEGISLATIVE DRAFT wlia chapkr. originally numbcrai 21.40 in the current codification, was renumbered to 21.41. byOd9386. 21.41.Olq. ApplicatiotGViolation. (a) The provisions of this chapter shall apply generally to all wnes established by this title, (b) It is unlawful for any perso& firm. or corporation to erect, construCt, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any sign within the city, or cause or permit the same to be done. contrary to or in violation of any of the provisions of this chapter. Any person, iirm, or corporation violating any of the provisions of this chapter shall be punished according to the provisions of Chapter 1.08 of the code. And each such person, firm, or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. In addition, any sign maintained. used or permitted contrary to the provisions of this chapter shall constitute a public nuisance. (Ord. 9674 0 3, 1983: Ord 9386 3 2 (part), 1974; Ord 9224 0 I (part), 1969: Ord !JO60%2600) 21.41.015 Removal of nonconforming signs. Signs or parts thereof, including sign supports, not conforming to the requirements of this code shall be abated as prescrii by law. (Ord 9608 0 4(pan), 1%1) 21.41.020 conformance with sign code AII signs and sign structures shall conform to aII provisions of Chapter 1820, as amended. (Ord 9386 0 2 (part). 1974; ord 9224 01 (part). 1969: Ord !3060 3 2601) 21.41.030 DefInItIona For the purpose of this chapter, certain terms, phrases, words, and their derivatives shall be construed as herein specifiexk areas of aU signs on a lot or parcel of land; (%#J “Animated sign” means a sign which moves ‘in a controlled or freestyle manner or which shimmers, blinks, flashes or which involves a change in tone or hue; . . . . . . . . . . . ..,.,..., _..... c,:.;.;,..w;.: . . . . . . . . . . ..‘.... :- ,.,_ >> ilic; _.,.. .‘...... ~~~*~~~~~~~~~~:~~~~~~f~ ,. . . . . . . . . . . . . . . . . . . . . . . . . .,.,., ,.,.,_,: . . . . . . . . . . . . . .: ,..., :,.,:,: ,.,:,; y.>.. ‘.y.:.:“>:.:.:.:.y:.~.:.....-.> . . . . >$ $jgg#g~#~~~ ; &j; piljg&d’i :~:~a~.t~.~.~~ ~, ,.,.,. ,,,~ ..,,. ., .,,:.:, ,. +,, ::,; ,, :: ,:, : ,: y . . . . . .:... . . . . . . . . . . . . :. .._.. . ..i........... n. :_.. .:.:.:..‘.:..“.:.:“..:.....~.:...-.~.:...:.... @m&@.:.~ggq% : :.:.:.:.:.: .,.(,.,., ,. ii . . . (3@ ;. . . . . . . Butldtng frontage” means the total width of the elevation of a structure which fronts on one or more public streets or in which the main entrance exists; *. .y’ *. ~~~~,,~~~~~:~~~~~~~~ ai~~~~~~~~:~~l~~:~~~~~~~~~~~~~ $& /. ., . ...:: ..,. . . “.‘. .~~~~~~~~~~~~~~~~~~ >::>:.:.::, ,. .,.,. ,.,.,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,:, .i.. . . . . ..,..., ., :.:.:.~:j:~:j:~:.-,::~~::::::::::::j:: :,,, (,I~,~,~,.,.,. ::. .:: :: :,:.:.:.: :::.:...:;.$.:;::::: :.,. L~:.i~ .:...:.) s~~:~~~~rn~~~~~~~~~~~~~~~~~~~~~i~~~ ~~:~~~~~a:~~~~~~~~~~~~~ ~~~~,~~~~~~~~~~~~~~~~~~~ ~RI:~~~:~~:~~,~~~~.~~~~~~ $.&$&@.. --‘---;“.“;-.“‘.“.‘.--;‘.‘.“.“.‘...:’:’.’.’:’.”.‘...“....’.......‘..:‘.‘.‘...‘....‘...‘...’..’.....‘...‘.‘.‘.‘.‘.....‘.‘...’,’.‘.’.’. ..:,>.,:i.:,>,:.:+:.:.:.:.::~:;:~ (4) “Freestanding sign” means a sign which does not overhang public property and which is supported by one or more columns, uprights or braces in or upon the ground, which supports are located outside of a building; (5$) “Freeway” means interstate Highway No. 5 and State Route 78; (6@)(A) “Freeway service facility” means a lot or parcel located at the apex of a freeway interchange quadrant which contains one or more of the following uses: a restaurant, a motel, or an automobile setice station. When two or more adjoining lots or parcels are joined in ownership, share common access by means of recorded easement, have an approved common parking- facilities plan. They may be considered a freeway service facility for purposes of this chapter, provided, that no lot or parcel or portion thereof located more than six hundred sixty feet from the apex of a freeway interchange quadrant shall be considered part of a freeway service facility. (B) When two or more adjoining lots or parcels which have freeway setvice uses are covered under a specific plan they may be considered a freeway service facility and may be permitted a freeway-oriented sign which advertises fl of the freeway service uses subject to the following restrictions: (i) No lot or parcel or portion thereof located more than one thousand five hundred feet from the apex of the freeway interchange quadrant shall be considered part of the freeway service facility. (ii) All of the uses within the specific plan area which is within one thousand five hundred feet from the apex of the freeway i+erchange quadrant shall be freeway service uses as listed in subsection (A) (iii) A sign plan is approved as part of the specific plan. (iv) The freeway service sign complies with the requirements of Section 21.41.070(3)(B) of this code. . . . . . . structure attached to and supported by a building and projecting over public or private sidewalks or rights-of-wax @$f.) “Parcel’ or lot” means a legal size properly divided building lot of real property with legal frontaae on a dedicated DubtiC street: sign offenng real property for rent, lease, or-sale; (e@ “Sign’ means any structure or device, whether movable or not, or portion thereof, or device or structure attached thereto, or painted or represented thereon, consisting of any letter, figure, character. marquee, poster. picture, trademark or reading matter which is designed and placed so as to be readable principally outside of a building and which is used or designed to announce, declare, demonstrate, display or otherwise identify, advertise, attract, or promote any person, business product or event; (I-&‘@) ‘Sign area’ means the smallest shape capable of being enclosed by six or less straight lines and enclosing the extreme perimeter of the sign and all letters, designs, ornamental covering and direct illumination sources that are a part of the sign and including all intervening and enclosed open spaces. One face of a double-faced sign shall be considered in determining the sign area, provided both faces are parallel; (XZfB ‘Under marquee sign’ means a sign attached to the underside of a marquee and protruding over and perpendicular to the public or private sidewalk or right-of-wax ~~~~~~~~~~~~~~ i.....~........ _i., L... ,A., ./ .i.‘.‘..,‘.......~,.‘.‘.. I........ _.,.. L.. ,., ._. ~~~~~~~~~~~~~~~~~~~~~ * . . ..i.....,., . ..r. stig.mf&.. ‘2:” . . . . ‘.““.“.‘..... . . . . . . . . . ..!.....!............. I . . . . . . . . . . . . . . . . . . . . . ...! . . . I . . . . .../..... : ;::+::. :.;.;.:.: .,.. ::.:A:.>:? .,., (LX@) “Wall sign” means a sign which is placed against the face of a building or structure or attached to a building marquee, with the exposed face parallel to the face of the building or structure. Such signs shall not project more than twelve inches beyond the face of the building, structure or marquee nor project above the parapet, roof or roof ridge, whichever is highest. (Ord. 9799 ~1,1!386; Ord. %42 91,1982, Ord. 9386 8 2 (part), 1!3774; Ord. !J224 $1 (part), 1%9: Ord. !Jo60 826q 21.41.040 Signatures required on application for sign permit. AJl applications for sign permits shall be signed by or on behalf of all of the owners of the real property upon which the sign is to be located. (Ord. 9386 8 2 (part), 1974; Ord. 9224 91 (part), 1%9: Ord. 9060 9 2603) 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 therefor shall be issued except as stated in this chapter: (1) Signs which move in a controlled or freestyle 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 p&m&ted for a maximum period of thirty 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 lo 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 or rental thereoc (F) Noncommercial messages by the owner or occupant of the property; (4) Signs with exterior light sources which are not shielded so as to refkct 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. (Ord. %08 9 4 (part), 1981; Ord. 9386 0 2 (part), 1974: Ord. 9224 31 (part), 1969: Ord. 9060 0 2604) 21.41.060 Exemptions. The following descrii signs shall be exempt from the provisions of this chapter: (1) House numbers, street names: (2) Official notices authorized by a court, public body or public officer: (3) Directional, warning or information sign authorized by federal, state or municipal authority; (4) Memorial plaque or tablet, ‘cornerstones” indicating the name of a building and date of construction, when cut or carved into any masonry surface or when made of bronze or other incombustible material and made an integral part of a building or structure: (5) ‘The flag, emblem or insignia of a government, school or religious group or agency (6) Bulletin board, when located on the premises and used solely in co~ection with activities within any church, school or other public or institutional building and having an area not in excess of’eighteen square feet; (7) Poster frames of Waters the aggregate area of which do not exceed forty square feet in area and which are affIxed to the theater building wall and do not project over any sidewalk (Ord. 9386 0 2 (part), 197% Ord. 9224 01 (part), 1969: Ord. !XkXl 0 2605) (1) Except for freestanding signs on freeway service facilities, no sign shall.be higher than the height of the building upon which it is located, and in no event shall be over thirty-five feet in height; (2) Except for signs at freeway setvice facilities and real estate signs, the total area of all signs on any one lot shall not exceed the following: TABLE 1dREA OF SIGNS TOTAL AREA OF ZONE OF LOT ALL SIGNS R- I, R-2, R-W, P-C with densities corresponding to R-A through R-2 R-3, R-P (Residential), R-T, RD-MP-C with densities less restrictive than R-2 (except hotels and motels) R-P (office use), and motel and hotels in residential zones All other zones it is located and in no event higher than thirty-five feet, (B) One freestanding sign, not supported by a building, to be a maximum of thirty-five feet in height measured from the elevation of the freeway roadway immediately adjacent to the proposed location of the sign. The sign shall be no more than twenty-five feet in width and otherwise as stated in Table 2 below: TABLE 2 Number of Uses Maximum Frektandlng Upon Lot s4P- One One hundred iifty square feet Two or more ‘Iwo hundred fifty square feet Two square feet Twenty square feet One square foot per lineal foot of building frontage located on the lot The total area of all signs shall not exceed 100 square feet except that the planning commission may approve up to 150 square feet of sign area as part of a site development Plan P===d pursuant to Chapter 2 1.06 One and five-tenths square feet per lineal foot of building frontage located on the lot; (3) Except for real estate signs the total sign area, dimensions, and height of all signs on any one lot which constitutes a freeway service facility shall not exceed the following (A) One square foot of wall sign for each lineal foot of building frontage which shall be no higher than the height of the building upon which The planning commission may after public hearing approve an increase in the height of a freeway service facility sign up to Bfty feet if it finds that the increased height is necessary because of severe constraints on view caused by topography, natural vegetation, or existing buildings. (4) The total area, dimensions, height and other characteristics of signs advertising the sale, rental or lease of the premises upon which the sign is located shall be as follows: (A) No real estate sign shall exceed the height of the building upon which it is located and in no event shall it exceed thirty-five feet in height, (B) No real estate sign shall be illuminated, (C) Except for signs advertising new subdivisions, as mentioned in subparagraph (D) below, the total area of all real estate signs on any one lot shall not exceed the areas mentioned in Table 3 below: TABLE 3 MAXIMUMREAL ESTATE SIGN ZONE OF LOT AREA FOR LOT R- I, R-2, R-W, P-C with densities corresponding to R-A through R-2 Three square feet R-3, R-P, R-T, P-C with densities less restrictive than R-2 ‘Ikrelve square feet Freeway service facili- ties regardless of zone and all other property ‘Ikrenly-five sq. ft. (D) In addition to the area allowed for real estate signs as stated in Table 3 above, the owners or agents thereof of subdivisions for a period of one year from the date of the recording of the final subdivision map ther.eof, ,may erect a freestanding sign of one hundred square feet or less in area within the limits of the subdivision at each major approach thereto but not within one hundred feet of any dwelling located outside of the subdivision; and in addition may erect a single freestanding sign of an area not in excess of twenty-five square feet at the subdivision sales office located within the subdivision; (5) In C-l and C-2 zones and at retail commercial use in C-M zones, one freestanding sign may be placed on each street frontage of a lot, provided that the sign area of the freestanding sign is included within the aggregate sign area allowed for the lot according to the provisions of Table I above and that the height of the freestanding sign does not exceed the height of the building or thirty-five feet, whichever is less; (6) Under marquee signs shall be permitted providing that no more than one such sign shall be permitted for each separate business; provided the sign area of the under marquee sign does not exceed six square feet, and further provided that the sign area of the under marquee sign is included within the aggregate sign area as stated in Table I above; (7) In addition to all signs otherwise herein allowed, a lot actually used as a theater may maintain a marquee sign for the purpose of announcing current activity taking place on the premises, which said marquee sign shall have a maximum area of one hundred sixty square feet and a height no higher than the height of the building upon which it is located or thirty-five feet, whichever is less; (8) Except as otherwise specifically allowed herein, no sign shall be supported otherwise than by the building to which it is afllxed; (9) For motel and hotel uses as permitted in certain residential zones and office uses permitted in the R-P zone, one freestanding sign is permitted per lot provided the following criteria are met: (A) The sign shall be a monument sign not greater than four feet in height or six feet in length. (B) The sign shall be located at least fifteen feet from any interior property line or comer of any access driveway, (C) No portion of such sign shall extend over the public right-of-way, . (D) The aggregate sign area for the entire development shall not exceed the sign area allowed for the development according to the provisions of Table 1. (10) A sign displayed in violation of this section is declared to be a public nuisance and subject to abatement pursuant to the provisions of this chapter and Chapter 18.20. (Ord. 199 99 46, 1992; Ord. 9642 0 2, 1982; Ord. 9555 0 1, 1980; Ord. 9386 9 2 (part), 1974; Ord. 9348 9 1, 1973, Ord. 9224 i 1 (Dart). 1969: Ord. 9060 i 26%) 9386 0 2 (part), 1974; Ord 9348 9 1,1973; Ord. 9224 I (part), 1%9: ord. 9o6W6o6) 21.41.074 semke station price Sign& (a) In addition to signs permitted by this chapter, service stations shall have one sign advertising the price of gasoline or other motor fuel sold on the premises which meets the following requirements: (1) The sign shall display only the minimum information required by Chapter 8.49 of this code and by Article 12 of Chapter 14 of Division 5 of the State Business and Professions Code commencing with Section 13530. (2) The price sign shall either be a monument type sign or be attached to an existing pole sign located on the property. The sign may be doublefaced and the maximum area for each sign shall not exceed twelve square feet if attached to an existing pole sign or sixteen square feet for a monument sign measured at the outermost boundary of the sign face. A monument sign not to exceed forty-eight square feet in area with a height not to exceed six feet shall be permitted if it is used to identify the service station as well as provide pricing information and no other freestanding signs are located on the property. (A) No monument sign shall be permitted within ten feet of the face of the curb of the street. (B) For comer lots no sign over thirty inches in height shall be permitted in the triangular area created by the intersection of the two property lines along the street and two points twenty-five feet behind each back of curb return. (C) Monument signs shall ,be located so as not to impede vehicular site distance to the satisfaction of the city engineer. (b) If a service station is located at the intersection of two streets, excluding freeway on or off ramps, such a station may have one price sign, not to exceed the maximum sire, stated above, on each street frontage. Stations located adjacent to a freeway on/off ramp shall be permitted only one sign to the street frontage. (Ord. 9759 9 I, 1985. Ord. 9700 41.1933) 21.41.075 Additional community identity and fnestandlng signs. (a) In addition to all other signs permitted by this chapter, property within the boundaries of a planned community, specific plan or planned unit development may have a sign program that provides for entrance, exit, directional and community identity signs; provided, the sign program is approved as part of either the master plan for the planned community, specific plan, planned unit development or any amendments thereto. Planned industrial or office parks that are not subject to community plans, specific plans or planned unit development may qualify for community identity signs by conditional use permit if the site is over twenty-five acres in area. The aggregate sign area of all signs in a community identity sign program for any one development shall not exceed a total of one hundred square feet, plus three square feet per acre of property within the development. No individual sign in such program shall have an area greater than one hundred 6fty square feet, or exceed Meen feet in height. Amendments to an approved community identity sign program may be granted by the . planning commission if it is determined such ‘amendments are consistent with the overall objectives of the plan. (b) Subject to the provisions of Chapter 21.50 and this section. additional freestanding signs are permitted in the C2 zone by conditional use permit. If such signs are approved as a part of a master plan in a planned community, specillc plan or planned unit development, a conditional use permit is not required. Additional freestanding signs shall not be approved pursuant to this section unless it is found that the signs are appropriate for the use of the property, compatible . with the design of the development, compatible with the adjacent properties, will not interfere with the safety of the traveling public, will not result in a proliferation of signs in the area, will not adversely affect the appearance of the area and will not unduly restrict any views. The specific number. size, height, location. appearance and other aspects of the additional signs, subject to the limitations of this chapter and this section, shall be regulated by the terms of the conditional use permit or other sign approvaL Any additional freestanding sign shall be subject to the following limitations: (1) The signs are monument signs, not greater than eight feet in height or eight feet in length or pole signs not to exceed twenty feet in heighs (2) In order to quali& for any such sign, any freestanding sign permitted by right for the property must be located at least 6fty feet from any interior property line; (3) The signs shall not be erected within two hundred feet of another freestanding sign on the =me property; (4) The signs must be located at least 6fty feet from an interior property line; (5) The signs shall be so oriented that the primary view is from surface streets; Interstate 5 or Highway 78 shalI not be considered surface streets; (6) The aggregate sign area for the entire development does not exceed the sign area allowed for the development according to the provisions of Table 1; (7) No portion of such sign shall extend over the public right-of-way, or be within fifteen feet of any driveway or comer, (8) The maximum sign area for any such sign shall not exceed fifty-five square feet; (9) Where the spacing requirements of the section would preclude adequate identification of services or products available on a lot the spacing restrictions of subsections (2), (3) and (4) may be varied to allow one additional sign provided that the property is part of a comprehensive development plan and is located within any commercial area located south of Cannon Road, north of Palomar &port Road, adjacent to Interstate 5 and governed by a specilic plan and further provided that modification of the spacing requirements will not cause a proliferation of signs or traffic or safety problems. (Ord. 9733 9 1. 1985, Ord. 9523 9 1, 1979; Ord. 8070 5 1, 1976) 21.41.076 Temporary community directional signs. (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 sign 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 in 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. (1) The planning director shaIl prepare a kiosk location plan showing the locations where kiosks may be permitted. The plan shall be kept on file in the planning department. The specific location of each kiosk shall be approved by the planning director prior to construction and shall comply with the kiosk location plan. Each kiosk location shall not interfere with traffic safety. (2) One kiosk design wilI 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. AlI 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 noncompliance. 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 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 (5) Each kiosk will have “City of Carl&ad” or the city logo displayed in a prominent location on the sign. (6) Each kiosk shall contain space for at least one sign indicating the location of individual communities, public buildings or public facilities or . setices. (d) Each approved neighborhood or subdivision over four 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 directional 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 include the size and location of the subdivision. The city council may by 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 cxmstructed to conform to the size and design of the kiosks. In no event may the signs exceed ten inches by 60 inches. (3) All individual community directional signs 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 section. In no case shall a sign be mounted on a kiosk before building permits have been issued for the model homes. (4) Each sign may contain only the name of the subdivision or community and must wntain a directional arrow. (5) There shaIl 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. (6) Any sign placed contrary to the pro&ions of this section may be removed by the city without prior notice. (7) Upon approval by the land use planning manager, 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. (8) A neighborhood shall not be allowed any directional kiosk signs if there are any other signs advertising the neighborhood anywhere in the area covered by the city’s general plan. If any advertising signs are erected and not promptly removed upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease canceled and no refund given. (e) The city council may establish a fee for city review of each individual community directional sign that will be mounted on the kiosks. (f) This section shall be effective until January 1, 1995, unless before that date the ordinance codified in this section is reviewed and extended by the city council. (g) 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 offsite advertising 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 wver its administrative costs. (Ord NS-103, 1990; Ord. 9834 81, 1987; Ord. 9737 91,1984) 21.41.080 Time limit for conformance of existing sign. As of the effective date of the ordinance codified in this chapter, any sign which does not conform to all of the requirements of this chapter may no longer be structurally or electrically altered, increased in area or relocated unless it is made to comply with all of the provisions of this chapter, provided however, that it may be maintained, repaired and painted without permit or fee, for a period based on the following scale: NUMBER OF NUMBER OF IN EXISTENCE TO ‘CONFORM Seven to eight years or more Four years, six months Five to six years Five years, six months Three to four years Six years, six months nvo years Seven years, six months One year Eight years, six months and thereafter, the owner thereof shall cause the sign to be removed or so altered as to conform fully with the requirements of the ordinance codified herein. A sign permit shall be required for any such alteration or relocation. (Ord. 9386 3 2 (part), 1974; Ord. 9348 9 2, 1973: Ord. 9224 $1 (part), 1969: Ord. 9060 3 2607) 21.41.081 Removal of amortised signs. Signs made nonconforming by expiration of the time period established by Section 21.41.080 shall be immediately abated pursuant to the procedures established by Sections 21.41.082 through 21.41.087. (Ord. 9608 0 4 (part), 1981) 21.41.082 Declaration of 8mortizatior+ Notiee of removal. (a) All signs and structures which have become nonconforming because of expiration of applicable time period established by Section 21.41.080, are deemed to be fully amonizedand a public nuisance, and may be removed by any city employee at the direction of the city manager, or his designee, upon the expiration of thirty days after written notice of such nonconformance and order of removal has been made. The actual wst of such removal shall be charged to the display owner. (b) Written notice shall be given in the following manner: (1) Notice of nonconformance and order for removal shall be posted on the structure for sign to be removed. (2) A copy of said notice shall be mailed by certiiled mail to the last known address of the display owner. (c) The notice shall state the date for removal and shall inform the recipient of the appeal process. (Ord. 9608 9 4 (part), 1981) 21.41.083 Removal of sign af’ter’noth A nonconforming sign or structure shall be removed by the date established on the order for removal. (Ord %CM3 9 4 (part), 1981) 21.41.084 Appihtion for extension of time for removaL (a) An application for an extension of time may be made by the owner of the property affected or by an occupant or tenant doing business on the affected property at any time prior to the expiration of the period established by the notice. Filing an application for an extension of time shall stay the period for removal until 6nai determination of the application. (b) The application shall be filed with the city clerk on forms provided by the city clerk and shall be verified. (c) The application shall contain the following information: (1) A full statement of the circumstances and conditions relied upon as grounds for the application; (2) A legal description of the property involved, name of the owner, or owners, of the property upon which the sign is locate (3) Photographs of the sign, or signs affecte& (4) The date and coat of original wnstruction; (5) The date and cost of app&ant’s purchase or other acquisition of the sign or structure; (6) The dates and costs of any repairs or maintenance to the sign or structure; (7) The average monthIy gross income derived from proceeds generated from the sign or structure measured over the period of existence or ownership; (8) The current value of the sign or structure; (9) A statement of whether or not the sign has been completely depreciated for federal inwme tax purposes and if not, the amount remaining to be depreciated. (d) Upon receipt of an application the city clerk shall forward the application to the city manager. The city manager, or his designee, may review the application, conduct an investigation if necessary and make a recommendation to the city council regarding the information contained in the application. The city manager, or his designee, may seek information from any source in conducting the investigation. (e) The city clerk shall set a date for a public hearing and give notice of the time, place and ,+ purpose of such hearing in accordance with the procedures established by law. (Ord. 9608 9 4 (pafi), 1981) 21.41.085 Council action. (a) After conducting a public hearing on an application for an extension of time, the city council may by resolution deny said application or grant such an extension of time as it finds necessary to permit the applicant to recoup his investment in the particular sign involved. A grant of extension of time shall be based on findings supported by hearing testimony or other evidence that: (1) Strict application of the provisions of this wde to a particular sign is unreasonable; (2) Strict application of the provisions of this code create a hardship upon the applicant which was not brought about by an act of the applicant; (3) The provisions of Section 21.50.030 of this title have been satisfied; and : (4) The hardship resulting from strict application of this code outweighs any detriment to the public caused by granting an extension. (b) In making a determination as to granting or denying extensions of time the city council shall consider any evidence presented as to the following matters, but not limited thereto: (1) Age, condition and physical characteristics of sign; (2) Location; (3) Remaining economic life; (4) Depreciation’ treatment for income tax purposes; . (5) Investment in the sign; (6) Monopoly or advantage resulting from the fact that similar new signs are prohibited; (7) Costs to remove the sign and saivage value; (8) Extent of nonconformity; (9) Repairs or maintenance made during the . period established by Section 21.41.080 shall not be considered so as to extend the time for amonization. (Ord. 9608 0 4 (part), 1981) 21.41.086 Notice of decision. ,’ A copy of the resolution made pursuant to this section may be filed with the city clerk and the county recorder of the county of San Diego and a copy shall be mailed to the applicant. The resolution need not be filed with the county recorder if the resolution is a denial of the extension of time. (Ord. 9608 0 4 (part), 1981) 21.41.087 Decision final. The decision of the city wuncil. pursuant to Section 21.41.085, shall be final. (Ord. 9608 0 4 (paW, 1981) 21.41.088 SpedI provisions for certain off premises advertising displaya. (a) This section is adopted pursuant to the provisions of Chapter 494 of California Statutes of 1982. (b) This section shall apply to all off- premises, advertising displays which were lawfully erected prior to November 61978, in compliance with state laws and local ordinances in effect when the displays were erected or to any display lawfully erected after November 6.1978; provided, that the display has been maintained in full compliance with the law or ordinance which permitted its erection. Any sign which was lawfully erected after November 61973, and which has become illegal pursuant to the law under which it was erected may he removed pursuant to the provisions of this code for the removal of any other illegal sign. (c) llte city manager shall give notice to the owner or owners of any advertising displays subject to the provisions of this section and located on land shown on the general plan as residential or agricultural, and to the owner or owners of the land on which this display is located, that such display shall be removed after the expiration of the time period established according to this section. (d) Off-premises advertising displays shall be removed upon expiration of the period of years after notice to remove has been given, established in the. following schedule: Fair Marke! VaIuC on Date of Notice to Remove Under S 1,999 SZOOO-3999 Years Auowed Before Removal 2 .3 u,oob5,999 4 V$oo-7,999 5 swocL9,999 6 $10,000 and over 7 (e) The fair market value on the date of the notice to remove shall be established by the director of building and planning and shall be included by the city manager in the notice to remove. (f) The owner of the sign or the property upon which it is located may appeal the determination of the fair market value on the date of the notice to remove to the city council in +I writing within thirty days after the date that the notice by the city manager is mailed. An appeal to the city council shall not affect the date of the notice to remove for the purposes of calculating the time for removal. (Ord. %74 8 4, 1983) 21.41.090 Sign removal when use discontinued. In the event of discontinuance of the use of property to which the sign thereon relates, the owner of the property shall cause the removal of such sign upon notice so to do from the building and planning director.(Ord. 1261$46, 1983, Ord. 9386 9 2 (part), 1974; Ord. !9224 91 (part), 1969 Ord. 9060 9 2608) 21.41.100 Conditions for bench advertising. Anything w&aineii in this chapter to the contrary notwithstanding, the placement of benches with advertising message on them may be conditionally allowed by the planning wmmission, and in the event of a dispute by the city council Permits for the placement of such benches shall be subject to such conditions as are imposed by the planning commission or council in their sole discretion, and in every case shall be subject to the following conditions and restrictions: (1) The permit shall allow the placement of such a bench in one specific place within the city and no other, (2) The permittee shall furnish proof that the city is named as an additional insured on a policy of liability insurance in the amount of not less than ten thousand dollars covering liability arising in connection with such bench or benches: (3) Either the city planning commission or council may demand the immediate removaI of such bench or benches at any time, in its sole discretion, without liability to the p&mittee; (4) In the event of such a demand for removal and the failure of permittee to immediately remove, the city may itself remove the benches in question, without liability to the permittee; (5) A permit fee of five dollars per bench per year permitted shall be paid to the city. (Ord. 9386 9 2 (part), 19774; Ord. 9224 01 (part), 1%9:’ Ord 906092fW 21.41.110 Campaign signs-Purpose and intent of provisions. It is the intent of Sections 21.41.110 through 21.41.160 to exempt campaign signs from the regulations of this chapter relative to the placement of outdoor advertising signs in all zones of the city, and to thereby encourage participation by the electorate 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, wnstructed and removed in a manner so as to assure the public safety and general welfare and to avoid the creation of a public nuisance caused by the proliferation of political advertising which would be offensive to the senses and would interfere with the comfort and enjoyment of life or property. It is the purpose of the wuncil, in adopting these Sections 21.41.110 through 21.41.160 to provide such regulations as will contribute to the public safety and general welfare and insure the right of political expression to alI members of the wmmunity. (Ord. 8097 0 2 (part), 1983) 21.41.120 Campaign signs Permitted wherk&gnl8tioas genertdy. 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 3 2 (part), 1983) 21.41.130 Campaign signs Sk regulations Residential auoe regulations. No political signs shalI be located in any zone in the city unlcas they shttll conform to the following reguIations: (a) No sign shall exceed the size limit established by this section for the zone on which it is locatedz (1) Any residentialIy zoned property including but not limited to R-l, R-2, R-3, R-P, R-T, RMHP and R-DM+ix square feet (2) Any commercially or industrially zoned property except R-P--sixteen square feet. (3) Notwithstanding subparagraph (1) or (2), no sign located in the public right-of-way shall exceed six square feet. (b) Double faced signs as defined in this chapter may be permitted. (c) Signs on private property must be posted at least five feet from the front property line; provided further, that in the case of wmer lots, such signs must be placed at least five feet from the property lines of the intersecting streets, and the signs shall be located at least five feet from side property lines. (d) No sign shall,exceed three and one-half feet in height in the front setback area. No signs shall exceed six feet in height in any area unless the sign is attached flush to any building. The measurement shall be taken from the ground level to the top of the sign. In no event shall a sign exceed the height of the building to which it is attached. (e) The total area of all political signs on a single lot or parcel of property shall not exceed the limits established by subsections (a)(l) and (a)(2). (Ord. 8097 5 2 (part), 1983) 21.41.140 Campaign signs in public right-of- -Y* Notwithstanding any other provision of this code, a campaign sign may be placed in the public right-of-way adjacent to a public street in commercially or industrially zoned areas or along prime or major arterials in residentially zoned areas subject to the following restrictions: (a) No sign shall be attached to any utility pole, bus bench, pole or structure supporting a traffic control sign or device, or hydrant. (b) No sign shall be placed on any tree or shrub by any nail, tack, spike or other method which will cause physical harm to the tree or shrub. (c) No sign shall be placed in such a manner as to obstruct the public use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a hazard to persons using the public road or right-of-way. (d) No sign shall be placed in the roadway or on the sidewalk (e) No sign shall be placed in that portion of the public right-of-way or easement past the sidewalk without the wnsent of the adjoining property owner or person in possession if different than the owner. (Ord. 8097 9 2 (part), 1983) 21.41.150 Campaign signs-Time limit for posting and removal. Campaign signs may be posted not more than thirty days prior to the date of an election and shall be removed within ten days immediately thereafter. (Ord 8097 9 2 (part), 1983) 21.41.160 Campaign signs permit required-Scope Removal author&d when. The procedure for the approval of campaign signs is as follows: (a) The zoning enforcement officer shall notify the following of the political sign requirements as provided herein: (1) Local election: (A) Candidates for local or county office; (B) Chairmen of campaign committees for or against any measure appearing on the ballot for a local or county election; (2) State or national office: (A) Candidates for state or national office and/or their local campaign wmmittee chairmen; (B) State chairmen and/or local chairmen of campaign committees for or against any measure appearing on the ballot for statewide elections (b) Prior to the posting of any campaign signs, the candidate, the chairman of a campaign committee or any other person designated by the candidate or chairman who is responsrble for the posting of said sign, shall obtain a campaign sign permit. The permit on a form prescribed by the director of building and planning, shall include the name, address and phone number of the candidate or campaign chairman and any person responsible for the posting of signs. The permit shall be signed by the candidates chairman or person responsible for the posting of the signs. (c) A fee set by city wuncil resolution shall be paid at the time the application for the permit is made. ‘Ihe fee shall be used to defray the cost of issuing the permit and administering Sections 21.41.110 through 21.41.160. (d) A deposit of two hundred dollars shall be paid at the time the permit is issued This deposit shall be refunded to the pent&tee within five days after the removal of the permittee’s campaign sign or signs. If the permittee does not remove the signs as required by Section 21.41.140 and this section, the signs may be removed by the director of building and planning after giving the notice specified in subsection (e) The deposit may be used to defray the cost of removal. The director of building and planning may also charge any expense incurred hereunderto the permittee *after complying with the provisions of Sections 18.20.080(c) of this code. Any candidate or campaign committee which is able to show financial inability to pay the deposit required by this subsection may request a waiver from the city council. (e) The director of building and planning is hereby author&d, after giving two days written notice to the person or persons who signed the sign permit, to remove any campaign 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 18.2O.OSO(c) of this code. (Ord. NS-130 9 1,1990; Ord. 8102 $1,1984, Ord. 8097 9 2 (part), 1983) 21.41.170 Constitutionality. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The council declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. SO97 9 2 (part), 1983) . EXHlBlT 5 PLANNING COMMISSION July 21, 1993 PAGE 13 re are no “fees” associated with street . of right-of-way on the north side of y Council elected to maintain a 60 ft. onded, to adopt Planning itional Negative Declaration ing Commission Resolution No. 3529, subject to the conditions NOES: None ABSTAIN: None avary, Schlehuber and Welshons RECESS The Planning Commission recessed at 8:29 p.m. and reconvened at 8:34&m. 3. ZCA 93-04 - “A” FRAME SIGNS - Amendment to Title 21.41 and Title 18.20 (Sign Ordinances) of the Municipal Code to prohibit “A” frame signs after January 1, 1995; to permit “A” frame signs subject to interim regulations only until January 1, 1995; and to permit three new categories of signs - projecting, awning, and directory signs. Robert Green, Principal Planner, reviewed the background of the request and stated that this project is a Citywide zone code amendment to the Sign Ordinance of the Municipal Code to prohibit “A” frame signs after January 1, 1995; to permit “A” frame signs subject to interim regulations only until January 1, 1995; and to permit three new categories of signs--projecting, awning, and directory signs. Mr. Green stated that this ZCA was done at the request of the City Council in response to the items outlined in the Chronology Attachment #4 to the staff report. The City Council also made several stipulations, as follows: (1) that staff consult with a 7-member merchants advisory committee regarding design standards for “A” frame signs which will be allowed in the interim period until January 1, 1995; (2) that “A” frame signs be prohibited from scenic corridors and major arterials except in the redevelopment area; (3) that alternatives to “A” frame signs be included in the ordinance; and (4) that directory signs be allowed in limited circumstances for businesses on pedestrian corridors who currently have limited signage opportunities. Staff followed the Council’s direction and met with the business advisory group of volunteer merchants and included their recommendations in the ordinance standards and guidelines. The major amendments to the ordinance include: (1) prohibition of “A” frame signs after January 1, 1995; (2) interim standards which allow a 3’wide x 5’high sign of 10 s.f. per face maximum (currently permitted in the Village Design Manual); (3) standards for placement and maintenance of the sign. Special supplementary guidelines deal with the aesthetics of the sign, as outlined on Attachment #5 of the staff report, will be attached to the sign application form. To address the special identification needs of businesses in pedestrian corridors, directory sign standards are proposed which will remain in the ordinance after January 1, 1995. Specific standards have also been added for projecting and awning signs as an alternative to “A” frame signs. Staff recommends approval. MINUTES PLANNING COMMISSION July 21, 1993 PAGE 14 Commissioner Savary referred to Attachment #5 which allows a “unique business logo” In another sentence, it suggests that the Village logo be used. She requested clarification. Mr. Green replied that these guidelines are for aesthetic purposes and are basically recommendations to allow some latitude for design freedom within a suggested framework. Either or both could be used. Commissioner Welshons inquired if the merchants advisory committee unanimously approved the resolution and contents. Mr. Green replied that staff met with the group over a period of three weeks. They suggested many of the standards which are included. Commissioner Welshons inquired who comprised the merchants advisory committee. Mr. Green replied that Gene Forsyth was the chairman and there was a cross-section of downtown merchants. Commissioner Hall inquired if “A” frame signs were allowed throughout the City before. Mr. Green replied that the code was not clear, which is one reason for the amendment. The Village Design Manual gave guidelines for the redevelopment area only; this amendment to the ordinance will apply sign requirements throughout the city. Commissioner Erwin inquired if the two year concept came from the City Council. Mr. Green replied to the affirmative. Commissioner Erwin supports the two year concept. Commissioner Erwin inquired if the City Council has the ability to extend that date if the economic condition doesn’t improve. Mr. Green replied that the City Council has that authority. Chairman Noble opened the public testimony and issued the invitation to speak. Lee Lilinthall, 2728 Grove Avenue, Carlsbad, addressed the Commission and stated that she owns the Carlsbad Beauty Supply on Grand Avenue. She was one of the merchants on the advisory committee. She has no problem with anything other than the 1995 deadline. If business continues to be down, she hopes that consideration will be given to extending the 1995 deadline. Chairman Noble replied that these comments should be made to the City Council when it comes before them in the near future. Alan Wanamaker, 2399 Jefferson Street, Carlsbad, addressed the Commission and stated that he owns the Kahala Cafe at the corner of Jefferson and Carlsbad Village Drive. He is speaking on behalf of the Carlsbad Restaurant Association, of which he is the Acting Chairman. A recent survey of the membership indicated support for “A” frame signage, with the individual operators determining when and how long to use them. “A” frame signs (sandwich boards) are the earliest type of restaurant signage. Many communities throughout the country have faced the same problems and arrived at the same conclusions as Carlsbad. He formerly lived in Honolulu, which has the strictest sign ordinance in the U. S. There are no billboards of any kind allowed in Hawaii and Fortune magazine has referred to Hawaii as the most anti-business state in the country. However, even they have seen the wisdom and found the way to allow “A” frame signs. Many members of the association foresee little improvement in the next two years with the current California climate. He noted that restaurateurs also face a forthcoming smoking issue which will carry significant impacts as well. He would like to see the Commission support something which would permit the two year deadline to be changed if the economy does not improve. Commissioner Emin inquired if he supported everything but the date of January 1, 1995. Mr. Wanamaker replied to the affirmative. Gene Forsyth, 2505 Via Astuto, Carlsbad, addressed the Commission and stated that he lives and has his business in Carlsbad. He stated that he worked closely with staff on this project and hopes that the City will encourage this type of working relationship with the business community again in the future. He noted that businesses are being given some creative license by using their unique logo to attract customers. Mr. MINUTES l . PLANNING COMMISSION July 21, 1993 PAGE 15 Forsyth thinks the economy will continue to be poor for the next few years. The merchants association does not agree with the 1995 deadline but will try to live with it for the time being. John Jones, 3044 State Street, Carlsbad, addressed the Commission and stated that he thinks “A” frame signs are trashy and don’t look good. He thinks they will be the precursor to a glut of chairs, flag poles, and other paraphernalia which cause clutter. However, if the merchants want them, he will not protest. Mr. Jones inquired if “A” frame signs would be prohibited along scenic corridors. Mr. Green replied to the affirmative, except in the redevelopment area. Mr. Jones inquired if the new Carlsbad Village Drive enhancement is going to be a scenic corridor. Mr. Green replied that the scenic corridor prohibition only affects areas outside the redevelopment area. Mr. Jones remembers “A” frame signs from the Depression and he dislikes them intensely. There being no other persons desiring to address the Commission on this topic, Chairman Noble declared the public testimony closed and opened the item for discussion among the Commission members. Chairman Noble stated that the only problem he has heard is the 1995 deadline. He encouraged those who are opposed to the deadline to comment before the City Council when this item is heard. Commissioner Savary inquired if the resolution could include some type of statement that if the economy remains poor the deadline for conforming signs could be appealed to the City Council. Commissioner Schlehuber agrees with the intent but does not feel it would be appropriate in the resolution since they can appeal to the City Council anyway. ACTION: Motion was made by Commissioner Hall, and duly seconded, to adopt Resolution No. 3530 recommending approval of a Negative Declaration issued by the Planning Director, and adopt Resolution No. 3531, recommending approval of ZCA 93-04, based on the findings contained therein. VOTE: 7-O AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, Schlehuber and Welshons NOES: None ABSTAIN: None . Commissioner Erwin stated that the Planning Commission had the opportunity to address this once before on the Master Plan Redevelopment Committee. He doesn’t like “A” frame signs but is happy that the City Council addressed the economic issue. He thinks the ordinance is excellent. Commissioner Erwin inquired if there is any vehicle to assist merchants with signage advice. Mr. Green replied that staff is available to work with merchants and their signage problems, on request. Commissioner Hall inquired about the cost of the sign permit. Mr. Green replied that a sign permit costs $35 which is the same for all permits. Commissioner Erwin would like staff to approach merchants and offer assistance on signage. Mr. Green replied that staff will take that under consideration. ACTION: A Minute Motion was made by Chairman Noble, and duly seconded, to document the Planning Commission’s concern about the 1995 deadline should our current economic conditions continue. VOTE: 6-O-l AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, and Schlehuber NOES: None ABSTAIN: Commissioner Welshons MINUTES h PLANNING COMMISSION July 21, 1993 PAGE 16 Commissioner Welshons abstained because she feels that the City Council is aware of the problem economy and they are addressing the situation. Commissioner Hall commended staff on their efforts in integrating suggestions offered by the merchants on this topic. ADDED ITEMS AND REPORTS: Gary Wayne, Assistant Planning Director, announced that there would be no Planning Commission meeting on August 4, 1993. He also advised that the agendas for the meetings of August 18 and September 1 would be very heavy. Mr. Wayne announced that the Fish Hatchery CUP had been appealed and will be heard by the City Council on August 10th or 17th. ADJOURNMENT: By proper motion, the Regular meeting of July 21, 1993 was adjourned at 9:03 p.m. Respectfully submitted, GARY E. WAYNE Assistant Planning Director BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. MINUTES A EXHIBIT 6 “An FRAMF **1*=f c1 blUl7 “OR 0mcE USE ONLY APPLICATI~ NC APPLICATION 1) -----,DN PIANN: - _~~..__... RECD BY DATE SIGN Fi EE ~~ SfGN PROGRAM FEE Please coumlete all s4!ctions 14 RECEIPT NO. /i I. OWNER (Print or Type) 5. AGENT (Print or type) WI Name Full Name hiling Address (City, Stzqe and tip) I Mail Address (City, State and Zip) Telephone Telep hon I ). I~~THATIAM,(~)THEIEGALO~NEROR(~)THEAGEKT~PTHE~~~~NER(~(R<IE~OR~)~~TA~~.~ AKNElNKMMA-llONlSTRUEANDCORRECTTOTHEBESl’CWMYKNOWUDGE SIGNATUWi DATE 1 B. & a condmon of this pennit, I agree to remove this sign by January 1,199s. If the sign is not removed by January li1995, I h&eby consent to rem&al if the &I by the City with&t further notice. OWNERS SIGNATUR& DATE PLAN SUBMITI’AL REOW Two sea of the following plans shall be submitted with three copies of this application form: 1. Asiteplanshowingz Thelocationofthesignandbusiness it serves, and any adjoining mea, driveways, dooxways, fire and handicap access. 2. An elevation showing: &t&or dimensions of the sign; sign mataials; proposed sign copy; and colon. The plans, completed application forms M all m and the application fee can be submitted to the Pu Department located at 2075 Lw Pahas [)livc, Carisb4 CA 92009, prior to 4 pm. ‘A’ FRAME SIGN DESIGN GUIDEUNE - These notes are to Provide general aesthetic. auidelines for the design of ‘A’ frame sians. rnev must b8 read in conjunction with the Citv of Carisbad Sian Ordinance C%ction 21.41 d the Carlsbad MuniciDd Code) which btovides the reaulations for ‘A’ frame sians. includina size. location. etc. 1. 2. 3. 4. 5. 6. 7. a. The sign design should b8 sin@8 and 8ZiSy to read. Us8 a brief message. The fewer th8 words, the more effective the sign. A simple sign with a brief message is faster to read, looks cleaner, and is more effeCtiV8. Using overty intricate type faces or mixing typ8faCeS on on8 sign also makes it more difficult to read quickly and reduces the sign’s ability to communicate, : The signs should be constructed of a durable material such as MOO (Medium Density Overlay) plywood or similar wood-like material, signs must have a stained or painted surface finish. The background color for all signs should b8 white. The text should be in 3 colors only (too many colors compete with cont8nt for the viewers attention). Fluorescent or Day-G10 cokxs are not acceptable. If a unique business logo is proposed, it’s cotor shall not count as one of the three text colors. (Item 4 above). Changeable text areas should comply with the above criteria (l-5). No paper or non-rigid changeable areas are acceptable. The chang8abl8 area shouM occupy no mofe than 50% d th8 sign face. The attached diagram shows recomm8nd8d designs for ‘A’ frame signs in the Village R8dev8lopment Area These signs should intXqXXad8 the vithg8 Logo and have a n8l app8aranc8, in acoordanc8 with these guid8iirWs. All Village Logos shalt have the cobrs as denoted on the attached plan. rnw cobs shall na be induded in the cobfs allowed by items 3and4abov8. Pleas8 se8 the City of CA&bad Zoning Orciii - S8ction 21.41 d the Municipal Cod8 for regulations goveming the site, pimtm8H 8tC. d ‘A’ fWW signs. SUGGESTED “A” FRAME DESIGNS *A” Fran for 111 in&id&U bUnor Ohotory ‘A” Fmmo Plaza Ron Smith .Attomay at Law layside Spans 1. OrteQa ChiroOrrctic RJ’s Flowers ktrritrga Collrctibks . Carlsbad SUN 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. I 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 PUBLICHEARING ; and entire issue of said newspaper and not ZCA 934 “A” FRAME SIGN REGULATIONS in any supplement thereof on the follow- NOTICE IS HEREBY GIVEN thal ing dates, to-wit: the Cily Council of the City of Carl- shad will hold a public hearimtal + the City Council Chambers. 1308 Carlsbad Village Drive. Carlsbad. California. al6:00P.M..on Tuesday. September 23 Gctober 5.1883. to consider amend- I ments IO Title 21. Chaoler 21.41 of the Carlsbad Municipal Code. and 1 toTitle 18,Chapter 1828oftheCarl- v sbad Municipal Code to prohibil “A” frame signs afler January I. I 1885: to permit “A” frame signs only : unIi1 January 1. lW5 subject to iuj terim regulalions: and to permit lhreenewralegoriesofsigns-pro- 1 jetting. awning. and directory signs. If you have any questiona regard- 1 ing this malter. please call Robert Green in Ihe P1anningDepartment.i at 438-118l. exlension 4442. ‘I 19- 1993 19- 19- 19- If you challenge the Zone Code ! Amendmenl in court, you may be limiled lo raising only lhose issops raised by you or someone else at the public hearing described in this notice. or in written correspond- / enre delivered lo the Cily of Carl- i sbad City Clerk’s ORice at. o:prior. I to the public hearing. Applicant: City of CarBbaif : CARLSBAD CITY COUNCIL CJ 8387: September33,1883 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of ’ Californiaon the 23rd day of September, 1993 )r7c - ” . Clerk of the Printer h NOTICE OF PUBLIC HEARING ZCA 93-4 "A" FRAME SIGN REGULATIONS 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, October 5, 1993, to consider amendments to Title 21, Chapter 21.41 of the Carlsbad Municipal Code, and to Title 18, Chapter 18.20 of the Carlsbad Municipal Code to prohibit "A" frame signs after January 1, 1995; to permit "A" frame signs only until January 1, 1995 subject to interim regulations; and to permit three new categories of signs - projecting, awning, and directory signs. If you have any questions regarding this matter, please call Robert Green in the Planning Department, at 438-1161, ext. 4442. 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: September 23, 1993 CARLSBAD CITY COUNCIL , (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice CONSIDERATION OF AMENDMENTS TO THE MUNICIPAL CODE SIGN ORDINANCE TO ALLOW “A FRAME SIGNS for a public hearing before the City Council. Please notice the item for the Council meeting of Thank you. MARTY ORENYAK AUGUST 11, 1993 Assistant City Manager Date Attachments -_ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad wiII hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, July 21, 1993, to consider approval of an Amendment to Title 21.41, and Title 18.20 (Sign Ordinances) of the Municipal Code to prohibit “A” frame signs after January 1, 1995; to permit “A” frame signs subject to interim regulations only until January 1, 1995; and to permit three new categories of signs - projecting, awning and directory 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 July 14, 1993. If you have any questions, please caII Robert Green in the Planning Department at 438-l 161, ext. 4442. 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 93-04 CASE NAME: “A” FRAME SIGNS PUBLISH: CARLSBAD SUN - JULY 8, 1993 BLADE CITIZEN - JULY 9,1993 CITY OF CARLSBAD PLANNING COMMISSION RG:km * PROOF OF PUBLICATION (2015.5 C.C.P.) - STATE OF CALIFORNIA County of San Diego I am a citizen of the Unlted 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-entttled matter. I am the principal clerk of the printer of Blade-Citizen a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardii, Vista and Carlsbad, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wtt: September 23,' .1993 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OceansideCalifornia, this 2 3 day of Sept. 1993 Signature BLADE-CITIZEN Legal Advertising 1722 South Hill Street P.O. Box 90 Oceanside, CA 92054 (619) 433-7333 This space is for the County Clerk’s Filing Stamp - Proof of Publication of Notice of Public Hearing ______________----------------------------------------- -_--_ vTr*T,ein’ ;” ~~-~~~~,--~=r.‘~--~---------------------- NOTICE O;W-&‘; HEARING 1 “A” FRAME SIGN RiGULATIONS I NOTICE IS HEREBY GIVEN that the Ci Carlsbad will hold a public hearing at the F Council of the City of IN Council Chambers, 1200 Carisbad Village Drive, Carlsbad! California, at 6:00 P.M., on Tuesday, October 5, 1993, to consrder amendments to Title 21. Chapter 21.41 of the Carlsbad Municipal Code, and to Title 16, Chapter 18.20 of the Carlsbad Muhicipal Code to prohibit “A” frame signs after January i,, 1995; to permit ‘“A* frame signs only until January 1. 1995 subject to interim regulations; and to permit three new categories of signs - projecting, awning, and ; directory signs. If you have any uestions regarding this matter B lease call Rob- ert Green in the T lannmg Department, at 438-l 61, ext. 4442.’ ; If you challenge the Zone Code Amendment In court, you may i be limited to raisin R only those issues raised by you or someone else at the public eanng described in this notme. or in written i correspondence delivered to the City of Carlsbad City Clerk’s t office at, or prior, to the public hearing. APPLICANT: city of Carlsbad CARLSBAD CITY COUNCIL Legal 37693 September 23,1993 .- . ..~.:‘.,’ /g-c ’ , ‘, i .,, / ,,’ p f / t , ,.. .: ‘,., ‘., ,/ r- p P - ‘\ b’ I,-.:, ,J ,. / ,- &fp,” ~ ._ ‘ i 1 \; : .., P. PROOF OF PUBLdATlON (2015.5 C.C.P.) - STATE OF CALIFORNIA -4. -3 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 the principal clerk of the printer of B lade-Cit ken a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified fo the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook, .Leucadia, Encinitas, Cardiff, Vista and Cartsbad, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30,1989, case number 171,349;. that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil),.has been published in each regular and entire issue of .said newspaper and not in any supplement thereof on the following dates, to-wit: I cert@@%&@ &&!r p?&@ of perjury that the foregoing is true and correct. Dated at Oceanside,Caliiomia, this ---day of ‘23, .- I A4 I wm--swmm w m--m--------- ---m-m-m-m------ 6 Signa re * BLADE-CITIZEN Legal Advertising 1722 South Hilt Street P.O. Box 90 Oceanside, CA 92054 (619) 433-7333 This space ._ for the County Clerk’s Filing Stamp Proof of Publication of I --------- I3ntj,c~_af_Eu~ic-H~*$* ----------- APPLICANT: Cii of CarMad CARLSBAD CIN COUNClL ~egai 37693 September 23.1993 .. -y--I 1 -- ,: ,/” _“.