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HomeMy WebLinkAbout1994-07-26; City Council; 12801; Regulations Of Temporary Campaign Signs2 \ \o N . h C-Y OF CARLSBAD - AGE-A BILL AB # I$! 80 1 MTG. 3- > b-44 DEPT. pLN -dr RECOMMENDED ACTION: If Council concurs, both the Planning Commission and staff are recommending that the City Council ADOPT Resolution No. 9 4 -218 , APPROVING the Negative Declaration issued by the Planning Director; and INTRODUCE Ordinance No. j,/ S - A8 3 , APPROVING ZCA 92-08. I ITEM EXPLANATION On February 2, 1994 the Planning Commission recommended approval (7-O) of a zone code amendment (ZCA 92-08) to the Carlsbad Municipal Code (Title 21) to amend Sections 21.41.110 through 21.41.160, differentiating between “temporary campaign signs” and other signs allowed and regulated by the City’s Sign Ordinance. Currently Section 21.41 .llO of the Carlsbad Municipal Code states that campaign signs are exempt from the general regulations of the Sign Ordinance and subject to special regulations, as contained in Sections 21.41.110 through 21.41.160. The original intent of the campaign sign ordinance was to encourage participation by the electorate in political activity during the period of political campaigns. The City Attorney has concluded that the 30 day limitation on all political signs is unconstitutional and must be modified. These proposed changes to the existing ordinance would make these modification so that it is constitutionally enforceable. These changes would clarify that any sign, whether or not political in nature, and conforming to the general regulations of the sign ordinance, could be posted throughout the year. In addition, these changes would allow an additional opportunity for political expression during the campaign period. Accordingly, temporary campaign signs may be posted no sooner than 30 days prior to an election and removed 10 days afterwards. Such a limited posting time would not be viewed as an unconstitutional infringement of freedom of speech since it enlarges rather than diminishes the level of political expression. This zone code amendment does not propose any other changes in the size, design or location standards or processing requirements for either temporary campaign signs or other signs. Remedies for violations of the provisions permitting temporary campaign signs have been enhanced. Any person violating these provisions of the ordinance may be convicted of a misdemeanor and fined up to $1,000 or up to six months in jail or both. In recommending approval of this zone code amendment, both staff and the Planning Commission found that the proposal was consistent with the General Plan and the intent of the Carlsbad Municipal Code with respect to campaign signage. ENVIRONMENTAL REVIEW Upon review of the proposed zone code amendment, the Planning Director determined that no significant adverse environmental impacts shall occur as a result of the amendment and, therefore, issued a Negative Declaration on December 30, 1993. FISCAL IMPACX This zone code amendment requires no additional facilities or services and does not affect any current revenue-generating programs. Therefore, there are no fiscal impacts due to this zone code amendment. ! h PAGE 2 OF AGENDA BILL NO. /d, 801 EXHIBITS 1. City Council Resolution No. 9 4 -818 2. City Council Ordinance No. h/S- 28 7 3. Planning Commission Resolution Nos. 3615 and 3500 4. Planning Commission Staff Report, dated February 2, 1994 5. Excerpts of Planning Commission Minutes, dated February 2, 1994 6. Exhibit “A”, illustrating amendments. 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT, AMENDING 3 TITLE 21, OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT OF CHAPTER 21.41 REGARDING CAMPAIGN 4 SIGNS. CASE NAME: CAMPAIGN SIGNS 5 CASE NO: ZCA 92-08 6 WHEREAS, pursuant to the provisions of the Municipal 7 Code, the Planning Commission did, on February 2, 1994, hold a B'duly noticed public hearing as prescribed by law to consider said 9 request; and 10 WHEREAS, at said public hearing, upon hearing and 11 considering all testimony and arguments, examining the initial 12 study, analyzing the information submitted by staff, and 13 Iconsidering any written comments received, the Planning Commission 14 considered all factors relating to the Negative Declaration; and 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City 16 Council of the City of Carlsbad as follows: 17 1. That the above recitations are true and correct. 18 2. That the findings and conditions of the Planning 19 Commission Resolution No. 3615, on file with the City Clerk and 20 incorporated herein by reference constitute the findings of the 21 City Council in this matter and that the Negative Declaration is 22 :nereby approved. 23 . . . . ~ RESOLUTION NO. 94-218 24 . . . . 25 . . . . 26 . . . . 27 . . . . 28 . . . . II ! PASSED, APPROVED AND ADOPTED at a regular meeting of the 1 ity Council of the City of Carlsbad, California, on the 2 day of JULY , 1994, by the following vote, to wit: 3 AYES : Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila 4 NOES : None 5 ABSENT : None 6 7 8 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 6 9 10 11 12 5: gj mwo, 327 ssj 13 16 19 20 21 22 23 24 25 26 27 26 ORDINANCE NO. NS-287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CBAPTER 21.41 OF TEE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.41.110 THROUGH 21.41.160 TO ALLOW AND REGULATE TEMPORARY CAMPAIGN SIGNS. The City Council of the City of Carlsbad, California does ordain as follows:' SECTION 1: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the amendment of section 21.41.110 to- read as follows: "21.41.110. Temnorarv Camnaiun Siqns--Purnose and Intent of Provisions. It is the purpose and intent of sections 21.41.120 through .21.41.160 to provide an additional opportunity for political expression by allowing the placement of temporary campaign signs in addition to the signage allowed by the other provisions of this chapter, but to permit such uses subject to regulations which will,assure that the temporary signs will be located, constructed and removed in a manner which will assure the public safety and general welfare and avoid the creation of a public nuisance caused by the proliferation of temporary signs which would be offensive to the senses and interfere with the comfort and enjoyment of life or property.N SECTION 2: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the amendment of section 21.41.120 to read as follows: "21.41.120. Temnorarv Camnaiun Sians--Permitted when-- Recnrlations Generally. Notwithstanding any other provisions of this chapter, temporary oampaign signs are permitted in any zone listed in the city subject to the regulations set forth in Sections 21.41.130 through 21.41.160.1g SECTION 3: That Title 21, Chapter 21.41 of the Carlsbad Muniaipal Code is amended by the amendment of seation 21.41.130 to read as follows: 1 . 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 D~21.41.130. TemnorarvCamnaignSicfns--SizeRecfulations-- Residential Zone Reuulations. No temporary campaign signs shall be located in any zone .in the city unless they shall conform to the following regulations: (a) No sign shall exceed the size limit established by this section for the zone in which it is located: (1) Any residentially zoned property including but not limited to R-l, R-2, R-3, R-P, R-T, RMHP and R-DM--six 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. (cl Signs on private property must be posted at least five feet from the front property line; provided further, that in the case of corner lots, such signs must be placed at least five feet from the property lines of the interseoting'streets, and the signs shall be located at least five feet from side property lines. (a) 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 temporary campaign signs on a single lot or parcel of property shall not exceed the limits established by subsections (a)(l) and (a)(2)." SECTION 4: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the amendment of section 21.41.140 to read as follows: @@21.41.140. Temnorarv Campaign Sians in Public Ricrht-of- Way. Notwithstanding any other provision of this code, a temporary campaign sign may be placed in the publia right-of-way adjacent to a publio 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. . (cl No sign shall be placed in such a manner as to obstruct the publia use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a hazard to persons using the public road right-of-way. 2 1 2 3 4 5 6 7 0 9 10 11 18 19 20 21 22 23 24 25 26 27 20 (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 consent of the adjoining property owner or person in possession if different than the owner." SECTION 5: That Title 21, Chapter 21.41 of the Carl&ad Municipal Code is amended by the amendment of section 21.41.150 to read as follows: "21.41.150. Temnorarv Campaicrn Signs--Time Limit for Postina and Removal% Temporary 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." SECTION 6: That Title 21, Chapter 21.4i of the Carlsbad Municipal Code is amended by the amendment of section 21.41.'160 to read as follows: "21.41.160. TemDorarv Camrraicrn Signs--Sian Permit Required-Scope-Removal Authorised when. The procedure for the approval of temporary campaign signs is as follows: (a) The soning enforcement officer shall notify the following of the temporary campaign sign requirements as provided herein: (1) Local election: (A) Candidates for local or county office; (B) Chairpersons 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 committee chairpersons; (B) State chairpersons and/or local chairpersons of campaign committees for or against any measure appearing on the ballot for statewide election. (b) Prior to the posting of any temporary campaign signs, the candidate, the chairperson of a campaign committee or any other person designated by the candidate or chairperson who is responsible for the posting of said sign, shall obtain a temporary campaign sign permit. The permit, on a form prescribed by the Community Development Director or his designee, shall include the name, address and phone number of the candidate or campaign ohairperson and any person responsible for the posting of signs. The permit shall be signed by the candidate, chairperson or person responsible for the posting of the signs. (c) A fee set by city council resolution shall be paid at the time the application for the permit is made. The fee shall 3 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 1s‘ 17 18 19 20 21 22 23 24 25 26 27 28 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. In addition to any other remedies, temporary campaign signs erected or maintained in violation of this chapter, shall be deemed to be a nuisance and abandoned subject to injunctive relief and waste matter as defined in Penal Code section 374 and subject to criminal penalties for littering under Penal Code section 374.4. This deposit shall be refunded to the permittee within five days after the removal of the permittee's temporary campaign sign or signs. If the permittee does not remove the signs as required by Section 21.41.150, the signs may be removed by the Community Development Direator or his designee without further notice. The deposit may be used to defray the cost of removal.. The Community Development Director or his designee may also charge any expense incurred hereunder to the permittee after complying with the provisions of Sections 18.20.080(a) of this code. Any candidate or campaign committee which is able to show financial inability to pay the deposit required by this subseotion may request a waiver from the city council. W The Community Development Director or his designee is hereby authorised, after giving two days written notioe to the person or persons who signed the sign permit, to remove any temporary 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 is present, the coning enforcement officer shall inform him of the-intention to remove the sign and the possibility of the charges for removal of the sign. The cost of such removal may be charged to the permittee as provided in Section 18.20.080(c) of this code. (f) Removal, defacement, alteration, obliteration, destruotion or tampering with signs permitted under this section without the permission of the owner is prohibited. (57) Violation of SeCtiOnS 21.41.110 through 21.41.160 shall be a misdemeanor punishable by a fine not exceeding $1,000 or six months in the county jail, or both." EFFECTIVE DATE: This ordinance shall be effeotive thirty days after its adoption, and the city clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Sun within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of I 1994, and thereafter ///I //// 4 x 1 2 3 4 5 6 7 8 9 10 11 12 9 % mum I?>- & 98x 13 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council of the City of Carlsbad, on the day of I 1994, by the follotiing vote, to wit: AYES: NOES: ABSENT: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETEA L. RAUTENKRANZ, City Clerk (SEAL) . .i/ EXHIBIT 3 1 ! I PLANNING COMMISSION RESOLUTION NO. 3615 .I! I/ A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 /I CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING '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 20 1. 2. . . . . . . . . . . . . APPROVAL OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENT OF CHAPTER 21.41 REGARDING CAMPAIGN SIGNS. CASE NAME: CAMPAIGN SIGNS CASE NO: ZCA 92-08 WHEREAS, the Planning Commission did on the 2nd day of February, 1994. hold a duly noticed public hearing as prescribed by law IO consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial srudy,, analyzing the information submitted by staff, and considering any writren comments received, the Planning Commission considered all facrors relaring to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by rhe Planning Commission as follows: A) That the foregoing recitations are true and correct. 8) That based on the evidence presented at the public hearing, the Planning Commission recommends APPROVAL of the Negative Declaration according LQ Exhibit “ND”, dated December 30, 1993, and “PtI”, dared December 23, 1993, attached hereto and made a part hereof, based on the following findings: Findings: The initial study shows that there is no subsrancial evidence that the project may have a significant impact on the environment. No development is prowsed with this amendment, rherefore no site-specik environmental impacts will result. ‘I I I 1 iI PASSED, APPROVED, AND ADOPTED ar a regular meeting of rhe Planning I 2 '/ Commission of the City ot’ Carlsbad, California. held on the 2nd day of February, 1994, by : 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 following Al-TEST: vote, 10 wit: AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Noble, Welshons. Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN : None. CARLSBAD PLANNING COMMISSION i Planning Director PC RESO NO. 3615 -2- GATIVE DECLARATION PRCMECI’ ADDRESS/LOCATION: City-wide, throughout the City of Carlsbad, within the Counry of San Diego. PRCXECX D ISCRPTION: Zone Code Amendment to delineate between tempomy campaign signs and other political signs. The City of Carisbad 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 Carisbad. As a result of said review, a Conditional Negative D+claration (declaration that the project will not have a signScant 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 tie in the Planning Department, 2075 Las Paimas Drive, Carl&ad, California 92009. Comments from the public are invited. Please submit comments in writing to the PI 30 days of date of issuance. If you have any questions, please Planning Department at (619) 438-1161, extension 4499. DATED: DECEMBER 30,1993 CASE NO: ZCA 9240 CASE NAME: CAMPAIGN SIGNS PUBLISHDATE: D&CEMBER30,1993 2075 Las Palma Orivo l Carlabrd. California 92009-l S76 l (619) 438- 1161 @ BACKGROUND NMENTAL lIMPACT - FQRM - PAR-f-II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE DATE: NO. La 92.08 DECEMBER 23. 1993 1. 2. 3. CASE NAME: CAMPAIGN SIGNS APPLICANT: CITY OF CARLSBAD ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS DRIVE SBAD. CA 92008 4. DATE ELA FORM PART I SUBMI?TED: NOVEMBER 6.1992 5. PROJECT DESCIWTION: ; MENDMEW TO CHAPTER 2141 OF TI% CARLSB . AD MUNlCtPAL CODE TO D~FFERW-KATE BETWEEN CAMPAfGN SIGNS AND OTHER POLlTICU s&as. STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact ksessment to determine if a project may have a significant effect on the environment. The Environmental tmpact &seument appears in the following pages in the form of a checklist. This checklist identifies any physical, biologicJ d human factors that might lx impacted by the proposed project and provides the City with infofination to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative De&&on. l A Negative Declantion may be pnpucd if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect.on the enviroment. On the checklist, “NO” will be checked to indicate this determination. l AnEtRmustbepreparediftheCkydetermines that there is substantial evidence that any aspect of the project may cause a m effect on the environment. The project may qwlify for a Negative Declaration however, if advtrx impacts are mitigated so that environmental effects can be deemed . . 9 m . These findings are shown in the checklist under the headings YES-sig” and ‘YES-insig’ respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under SSION OF ENVIRONMENTAL EVALUATION Pa&u&r attention should be given to discussing mitigation for impacts which would ochcrwix be de&nined sign&ant. I3 - PHYSKAL ENVIRONMENT w WILL THE PROPOSAL DEIECI’LY OR [NDIRECl-LY: YES YES NO 1. 2. 3. 4. S. 6. 7. a. 9. 10. 11. Result in unstable earth conditions or increase the exposure of people or properry 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? Result in substantial adverse effects on; ambient air quality? Result in substantial changes in air movement, odot, moisrure, or temperature? Substantially change the cow or flow of water (marine, fresh or flood waters)? Affect the quantity or quaiity of surface water, ground water or public water supply? Substantially increase usage or cause depletion of any natural resources? Use substantial amounts of fuel or energy? Alter a significant archeologka& pakontological or ~historicd site, structure or object? X x X X iL X X X X X - . BIOLOGICAL ENVIRONMENT . e WILL THE PROPOSAL DiRECTLY OR INDRECTZY: YES 12. 13. 14. 15. 16. W Affect the diversity of species, habitat or numbers of any species of plants (inciuding trees, shrubs, grass, microflora and aquatic plants)? Introduce new species of plants into an area, or a barrier to the i~ormal 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 orga&ms and insects? tncroduct new species of animals into an area, or result in a barrier to the migration or movement of animals? HuMANmoNMENT YES (inur) NO x x X X X WILL THE PROPOSAL DIRECTLY OR INDIRECIZY: 17. Alter the present or plannml l8ad use of an area? 18. Substantially afkt public utilities, schools, police, &e, anqmcy or other public services? NO X X -30 . HuMANmoNMENT - WL THE PROPOSAL DUIECT’LI’ OR [NDtRECT’LY: YES YES 19. 20. 21. 22. 23. 24. 2s. 26. 27. 28. 29. 30. 31. 32. Result in the need for new or modified sewer systems, solid waste ‘or hazardous waste control sysrems? Increase 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? Mfect existing housing, or create a demand for additional housing? Generate substantial additional t&k?- 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, raiI or air traffk? Increase traHc hazards to motor vehicles, bicyclists or pedestrians? Interfere with emergaq response plans or emergency evaaatioa plans? Obstnact any scccnic vista or Qute an aesthetically offensive pubiic view? Affect the quality.or quantity of existing recreational opporrunities? NO X X x X X -L X X X X X X X X , MANDATORY FIMXNGS OF SIGNIFICANCE . W..L THE PROPOSAL DIRECRY OR IND[RECTLY: YES YES (S@ Mw.l 33. Does the project have the potential to substancial.ly degrade the quality of. the environment, subskially 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 conununity, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate impomnt 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-rum impact on the environment is one which occura in a, relatively brief, defkitive 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 cumulatively considerable? (“Cumulatively con- siderable” means that the kranental effects of an individual project are considerable when viewed in connmion with the effects of past projects, the effects of other cunent projcca, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on humaa beiap, either directly or indirectly? NO X x x. X DISCUSSION OF ENVIRONMEN’?AL WqLUATtON . A Negative Deciatation for &I amendment to the Zoning Ordinance regarding campaign signs was issued on November 19, 1992. Review of this zone Code Amendment has continued and the wording has substantially changed. Therefore, it has been determined that the project definition has substantially changed and additional environmental review is warranted. This revised Zone Code Amendment will not remove the time limit on posting campaign signs. [t will, however, add wording that more clearly separates signs incended for the campaigning of a ballot issue and other signs of general political expression, not tied to an election. The net impact is the potential allowance of political signs throughout the year, provided they do not directly apply to an election. The net environmental result is still the same. This amendment is still purely administrative and the environmental analysis is vimtally the same as the previous Negative Declaration for ZCA 92-08. Phvsical Environment 1.. 4. 5.. 8. 9..10. 11..16. 17. 18..19. 20. -22. 23..24. 25. -30. 31. This amendment is purely administrative and does not approve or condone any earth work. Since this Zone Code Amendment is not project specific and does not involve development of any kind, no impacts to air quality, climatological indices, or water flows or sources will result. This solely adminiscracive amendment will have no affects on any natural resources or energy reserves. AS this amendment co the got&g Ordinance does not include or allow any site-specific development, no impacts to historical, archeological, paleontological sites will result, nor will there be any affect on flora or fauna in the City. This Zone Code Amendment does not propose any changes in land use of an area nor does it change the amount of signage allowed on any particular property. Since no development is proposed with this amendment, there will be no affect on any public sewices including, but not limited to, utilities and sewer systems. As no site-specific development will be sanctioned through this amendment, there will be no impacts co existing noise levels, light or #are. There wilI also be no release of hazardous substances or any cisk of upset. This Zone Code Amendment has no affect on residential development and chaefore will not impact the population density or housing supply. Thir Zone Code Amendment d= not invoive any site-specific development aad, as such, -wU not generate any tic, affect any emergency response pians, nor create any WXc ham&. since the potential amount of campaign signage per pad is not cbnging through Lhis amendment, no adverse impacts co sctic vistas or public views will result. -6- . 32. As no. development is proposed with this amendment, no recreational opportunities are being affected. 33. * See 11. - 16. above. 34..3s. There will be neither short-term nor long-tetm affects to the environment because of this projec: since it is purely administrative and does not involve any project development. No cumulative impacts will result either. 36. As no development is proposed, and no affect on aesthetics will result, no direct or indirect impacts CO human beings are expected. -70 . ~~,ysrs OF.VIABLE ALTERNATIVES TO THE PROPOSED PROJEQ SUCH AS: a) Phased devel6pment 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, and g) no project alternative. a) As no development is involved, no phasing or alternate scales of deveiopment may occur. b) Since no site-specific development is proposed, alternate site designs, alternate uses for the site, or alternate sites are relevant to this project. c) See a) above. d) See b) above. e) See a) above. f) See b) above. g) The no project altemacivi’couid restrict the kee expression of political ideas which may be unconscicutional and is, cherefon, not acceptable. . DD, (To Be Completed BY The Planning Department) . On the basis of this initial l va.luation: [ find the proposed project COULD NOT have a significant effect on the environment, and a NEGAIITC’E DECIARATION will be prepared. I fid that although the proposed project could have a signScant effect on the environment, there wiL not be a significant 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 find the proposed project MAY have a significant effect on the environmeni, and an ENWRONMENTX IMPAm REPORT is required. Date .‘F- 23 c cl? Date LIST MITIGATlNGMEASURES(IFA,PPLI~ -9- itPPL1CAN-T CONCURRENCE WITH MITIGATING MEASURES THEIST0 CERTW THATIE-LAVEREVIEWED ‘THEABOVEM[TIGA~NGM~UR= AND CONCUR WITH THE ADDf'T'ION OF THESE MEASURES TO THE PROJECT. Date Signature i -101 . II . PLANNINGCOMMISSION RESOLtJTI0NN0.3500 :I ARESOLUTION OFTHE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNLA, RECOMMENDtNG APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, BY THE AMENDMENTOFCHAPTER21.41REGARDtNG CAMPAIGN SIGNS. 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 CASENAME: CAMPAIGNSIGNS CASENO: ZCA 92-08 WHEREAS, the Plannhg Commission did on the 3rd day of March, 1993, the 7th day of April, 1993, and on the 2nd day of February, 1994 held a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearings, upon hearing and considering ail testimony and arguments, if any, of all persons destig to be heard, said Commission i considered all factors relating to the Zone Code Amendment. NOW,THEREFORE,BEITHEREBYRESOLVED bythePlanningCommission~ as follows: A) That the foregoing recitations are aue ancj cotrect. Bl That based on the evidence presented at the public hearing, the Commission recommends -4 ‘of ZCA 9248, according to Exhibit ‘X, dated Febnmy 2, 1994, attached hereto and made a part hereof, based on the following findings: m: 1. The~zonecodeArrrmdment isamsistentwiththgoalsaadobjecti~of tbernndUseandcirculationElancmof~h8lFsGaraalPlan. 2. The~zonecodc Amcadmentisamsistentwiththirltl?ntofsl?cci~ 21.41.110 through 21.41.160 oftk ChrIsbad Munidpd Code. . . . . . . . . . . . . . . . . 13 ? c 4 E - E 7 3 S 1c 11 12 12 14 15 16 17 1e 19 20 21 22 23 24 25 26 27 28 PASSED, ilPPROVED. AND ADOPTED at a regular meering of rhe P!annir,g 1 ! Commission of the Ciry of Carisbad, California, held on the 2nd day of February, 1994. b>, 1 the following vote, to wit: ATTEST: AYES: Chairperson Savary, Commissioners: Schlehuber, Berz, Noble, Welshons, Erwin & HalI. NOES: None. ABSENT: None. ABSTAIN: None. CARLSBAD PLANN[NG COMMISSlON , MICHAEL J. H&!ZMILkkR Planning Director PC R&SO NO. 3500’ -2- . 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 iI /I !I I/ 11 C NEW: EXHIBIT "X" ( FEBRUARY 2, 1994 I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.41.110 THROUGH 21.41.160 TO ALLOW AND REGULATE TEMPORARY CAMPAIGN SIGNS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the amendment of section 21.41.110 to read as follows: ~t21.41.110 Temtoorarv camnaian sisns--Purnose and intent of provisions. It is the purpose and intent of sections 21.41.120 through 21.41.160 to provide an additional opportunity for political expression by allowing the placement of temporary campaign signs in addition to the signage allowed by the other provisions of this chapter, but to permit such uses subject to regulations which will assure that the temporary signs will be located, constructed and removed in a manner which will assure the public safety and general welfare and avoid the creation of a public nuisance caused by the proliferation of temporary signs which would be offensive to the senses and interfere with the comfort and enjoyment of life or property." SECTION 2: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the amendment of section 21.41.120 to read as follows: 11 1 41 I2 . 0 TemDorarv camoaian sians--Permitted when-- Reaulations aenirallv. Notwithstanding any other provisions of this chapter, temporary campaign signs are permitted in any zone listed in the city subject to the regulations set forth in Sections 21.41.130 through 21.41.160.11 - . I li SECTION 3: That Title 21, Chapter 21.41 of the Carlsbad 1 Municipal Code is amended by the amendment of section 21.41.130 to 2: r) ,1 read as follows: 3; . n21 41 130 TemDorarv CamDal 4 Residential zone reaationg . 5i No temporary campaign signs shall be located in any zone in the city unless they shall conform to the following 6 regulations: (a) No sign shall exceed the size limit established by 7 this section for the zone in which it is located: (1) Any residentially zoned property including but not 8 limited to R-l, R-2, R-3, R-P, RyT, RMHP and R-DM--six square feet. 9 (2) Any commercially or industrially zoned property except R-P --sixteen square feet. 10 (3) Notwithstanding subparagraph (1) or (2), no sign located in the public right-of-way shall exceed six square feet. 11 (b) Double faced signs as defined in this chapter may be permitted. 12 (cl Signs on private property must be posted at least five feet from the front property line; provided further, that in 13 the case of corner lots, such signs must be placed at least five 14 'I feet from the property lines of the intersecting streets, and the signs shall be located at least five feet from side property lines. 15 (d) No sign shall exceed thr88 and one-half feet in height in th8 front Setback area. No signs shall eXC88d six feet 16 in height in any area unless th8 sign is attached flush to any building. The measurement shall be taken from the ground level to 17 th8 top Of the Sign. In no event shall a sign exceed the height of the building to which it is attached.. 18 (e) The total area of all temporary campaign signs on a 19 I single lot or parcel of property shall not eXCe8d the limits established by subsections (a)(l) and (a)(2)." 20 SECTION 4: That Tit18 21, Chapter 21.41 of the Carlsbad 211 Municipal Code is amended by the amendment of section 21.41.140 to 221 read as follows: 23 24 25 26 27 28 (I 41.140 Tewanf c-an siw in public riaht of ItaY* Notwithstanding any other provision of this 'code, a temporary 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 arterial8 in mmidentially zoned areas Subject to the following restrictions: 2 . . 1i (a) No sign shall be attached to any utility pole, bus bench, pole or structure supporting ,a traffic control sign or device, or hydrant. 2/ (b) No sign shall be placed on any tree or shrub by any nail, tack, spike or other method which will cause physical harm 3 to the tree or shrub. (cl No sign shall be placed in such a manner as to 4 obstruct the public use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a 5 hazard to persons using the public road right-of-way. (d) No sign shall be placed in the roadway or on the 6 sidewalk. W No sign shall be placed in that portion of the 7/ public right-of-way or easement past the sidewalk without the 81 consent of the adjoining property owner or person in possession if different than the owner." 9 SECTION 5: That Title 21, Chapter 21.41 of the Carlsbad 10 Municipal Code is amended by the amendment of section 21.41.150 to 11 read as follows: 12 13 14 41.150 .Tm cw Time l&Rit fey I- Temporary 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." 15 SECTION 6: That Title 21, Chapter 21.41 of the Carlsbad 16 Municipal Code is amended by the amendment of section 21.41.160 to 17 read as follows: 18 "21 41 166 Teworarv 19 I reauired-Scope-Removal aworized m 20 21 22 23 24 25 26 27 The procedure for the approval of temporary campaign signs is as follows: (a) The zoning enforcement officer shall notify the following of the temporary campaign sign requirements as provided herein: (1) Local election: (A) Candidates for local or county office; (B) Chairmen of campaign committees for or SgSinSt 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 committee chairmen; (B) State chairmen and/or local chairmen of campaign committees for or against any measure appearing on the ballot for statewide election. 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 b) Prior to the posting of any temporary campaign signs, the candidate, the chairman of a campaign committee or any other person designated by the candidate or chairman who is i responsible for the posting of said sign, shall obtain a temporary campaign sign permit. The permit, director of building and planning, on a form prescribed by the 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 candidate, chairman or person responsible for the posting of the signs. (c) A fee set by city council resolution shall be paid at the time the application for the permit is made. The 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 permittee within five days after the removal of the permittee's temporary campaign sign or signs. If the permittee does not remove the signs as required by Section 21.41.150 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 hereunder to 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. W The director of building and planning is hereby authorized, after giving two days written notice to the person or persons who signed the sign permit, to remove any temporary 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 is 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 pemittei 18.20.080(c) of this code. . . . . . . . . . . . . .:. . . . . . . . . . . . . . . . . . . 4 as provided in Section C EFFECTIVE DATE: 1 This ordinance shall be effective thirty days after its adoption, and the city clerk shall certify to the 2 adoption of this ordinance and cause it to be published' at least 3 once in the Carlsbad Sun within fifteen days after its adoption. 4 INTRODUCED AND FIRST READ at a regular meeting of the 5 Carlsbad City Council held on the day of 6 , 1994, and thereafter 7 PASSED AND ADOPTED at a regular meeting of said City 8 Council of the City of Carlsbad, on the day of 9 10 11 12 13 I 1994, by the following vote, to wit: AYES: NOES: ABSENT: ' 141 15 16 17 18 19 20 21 22 23 24 25 26 27 RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRAN 2, City Clerk (S=u 28 5 DATE: TO: FROM: SUBJECR I. MiiBlT 4 APPLICATIONCOMPLETEDATE: NOVEMBER 9.1992 PROJECT PLANNER: MICHAEL GRIM - FEiRUARY2,1994 PLANNING COMMISSION PLANNINGDEPARTMENT ZCA 9248 CAMPAIGN SI s GNS - Request for approval of a Negative Declaration and an amendment to Chapter 21.41 of the Carl&ad Municipal Code, difkrentiating between temporary campaigns signs and other signs. That the Planning Commission ADOPT Planning Commission Resolution No. 3615, recommending APPROVAL, of the Negative Declaration issued by the Planning Director and ADOpT Planning Commission Resolution No. 3500, recommending APPROVAL of ZCA 92- 08, based on the findings contained therein i II. PROJECTDESCMPTIONAND BACKGROUND The amendment to the Zoning Ordinance addressing the timing of the placement of campaign signs was heard by the Planning Co mmission on March 3, and April 7, 1993. At that time, the item was continued indefinitely to allow additional rexarch into the best way to resolve the concerns of all parties. This revised zone code amendment now adequately addresses these concerns through a clarkation of definitions. This amendment proposes to clearly di&rentiate betwtcn a “temporary campaign w, used for promotion of a candidate or ballot item in an upcoming election, and other signs allowed and regulated by the Citys Sign ordinance. Currently, Section 21.41 .llO of the Carl&ad Municipsl Code states that campaign signs are exempt from the general regulations of the Sign Ordinance and subject to special regulations, as contained in Sections 21.41.110 through 21.41.160. While the original intent.of the ordinance was to encourage participation by the electorate in political activity during the! period of political campaigns, Section 21.41.110 of the ordinance does not clearly state this intent. Under the current code, it is possible to interpret the campaign sign restrictions as applicable to any sign containing a political message. If this were the case, all political signs, regardkss of location and specific content, could only be posted within 30 days prior to an election and must be removed 10 ZCA 92-08 - CAMPAIGN SIGNS FEBRUARY 2,1994 PAGE 2 days afterwards. The limited posting time could be viewed as an unconstitutional infringement on free speech. Therefore, this zone code amendment would clarify that temporary campaign signs are an additional opportunity for political expression, allowed only during political campaigns. By delineating between temporary campaign signs and other signs, political expression is not limited to the period of elections, provided that the sign(s) meet the general regulations of the Sign Ordinance. This zone code amendment does not propose to change any of the location criteria or processing requirements for either temporary campaign signs or other signs. The existing time restriction on temporary campaign signs will only apply to temporary campaign signs. Since the time restrictions will not apply to other signs on private property, no infringement on the freedom of speech will exist and, therefore, staff is recommending approval of the amendment. IIL s 1. Is the proposed zone code amendment’consistent with the various elements of the Garlsbad General Plan? ; 2. Is the proposed zone code amendment consistent with the intent of Sections 21.41.110 through 21.41.160 of the Sign Ordinance? 1. Q&stencv with the General Pla One of the general guidelines of the Land Use Element of the General Plan calls for developing and maintaining suitable and adequate sign control. The proposed zone code amendment will not a&t the existing signage controls, since it merely clarifies the difference between temporary campaign signs and other signs. This amendment therefore does not a&t the consistency with the guideline of maintaining adequate sign control. With regard to public safety, the circulation Element states that adequate traffk safety measures should be provided at all intersections. This zone code amendment does not propose to change any of the existing location criteria for campaign signs, as stated in Sections 21.41.130 and 21.41.140 of the Garlsbad Municipal code.. Therefore, consistency with this safety provision of the Circulation Element is being maintained. 2. Consistency with the Int ent . . of the Srgn Ordmancc Sections 21.41.110 through 21.41.160 of the Garlsbad ‘Municipal code describe the restrictions and regulations regarding the posting of campaign signs. As previously d.kcus& the proposed amendment would not alter any of the regulations. No other sections are proposed to be amended and no other sections are dependent upon this - ZCA 92-08 - CAMPAIGN SIGNS FEBRUARY 2,1994 PAGE 3 dehition clarifkation. The proposed zone code amendment is therefore internally consistent with the various sections of the Sign Ordinance that address campaign signs. FJMRONIbfENTALREVtEW Since the project defhition has substantially changed since the previous environmental review, subsequent environmental analysis was conducted. Based upon this analysis, the Planning Director has determined that no sign&ant adverse environmental impacts will result because of this zone code amendment and, therefore, has issued a Negative Declaration on December 30, 1993. Considering that the proposed zone code amendment is consistent with the various elements of the CiQh General Plan as well as the intent of the City’s Sign Ordinance with regard to campaign signs, staff recommends approval of ZCA 92-00. 1. Planning Commission Resolution No. 3615 2. Planning Commission Resolution No. 3500 3. Exhibit “A”, dated February 2,1994. Dccemkr 23.1993 m:lh:lJd EXHBIT 5 PLANNING COMMISSION February 2, 1994 PAGE 12 lanner, reviewed the background of the request and stated that when the zone nd 20 were originally approved, the map depicting the zone boundary was ent was to include the-recreational vehicle storage area in the same LFMP zone . However, the LFMP zone maps were incorrectly drawn showing the Alta rage area in Zone 20. Staff is requesting that the zone boundary be officially t the location of the RV storage area in Zone 4. The boundary adjustment having a smgle development located within two separate LFMP zones. Staff Chairman Savary testimony and issued the invitation to speak. There being no persons desiring public testimony closed and open Commissioner Hall inquired how the newspaper on two different Commissioner Hal by newspaper. Commissioner Noble comment losing their RV storage area. quickly. He assured everyon their RV storage area. ACTION: Motion w NOES: None ABSTAIN: None .- c/ 5. ZDA 92-08 - CAMPAIGN SIGNS - Request for approval of a Negative Declaration and an amendment to Chapter 21.41 of the Cart&ad Municipal Code, differentiating between temporary campaign signs and other signs. Michael Grim, Assistant Planner, reviewed the background of the request and stated that an amendment to the zoning ordinance regarding the timing and placement of campaign signs was first addressed in March 1993. The item was continued indefinitely to allow additional research into the best way to resolve the concerns of all parties. Staff believes that this revised Zone Code Amendment now adequately addresses these concerns through a clarification of definitions. In effect, the amendment differentiates between temporary campaign signs and other signs, since the limited posiing period of certain signs could be viewed as .an unconstitutional infringement on free speech. Staff recommends approval. Chairman Salary opened the public testimony and issued the invitation to speak. There being no persons desiring to address the Commission on this topic, Chairman Savary declared the public testimony-closed and opened the item for discussion among the Commission members. .- PLANNING COMMISSION February 2, 1994 PAGE 13 Commissioner Erwin inquired as to who decided on the amount of the sign deposit, Mr. Grim replied that it went to the Planning Commission and also to City Council. A $200 deposit is required to ensure that campaign signs are taken down after an election. ACTION: Motion was made by Commissioner Welshons, and duly seconded, to adopt Planning Commission Resolution No. 3615, recommending approval of the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 3500, recommending approval of 2CA 92-08, based on the findings contained therein. VOTE: 7-O AYES: Chairman Savary, Commissioners Betz, Erwin, Hall, Noble, Schlehuber and Welshons NOES: None ABSTAIN: None - Request for approval of a for the installation of street Drive and El Camino Real in Local istant Planner, reviewed the.background of the request and stated that the proposed the south side of Alga Road between Mimosa Drive and El Camino Real and would a Drive and Manzanita Street. A path will be installed between Manzanita Street and El Camino Real, and the full ts will be installed by the property owners at the time of development. The pro ect woirld add one east-bound traffic lane, a bike lane, curb, gutter, and sidewalk. It will also s to accommodate the widened roadway and improve sight distance at the inters d and Manzanita Street. Staff recommends approval. Chairman Savary opened the publi ony and issued the invitation to speak. There being no persons desiring to ad Commission on this topic, Chairman Savary declared the public testimony closed and opened the discussion among the Commission members. Commissioner Erwin inquired if any fill would be comes in there may be some grading which cou that when the Ayres project ACTION: Motion was made by Commi Commission Resolution No. and subject to the conditio VOTE: 7-O AYES: Chairman Savary, Commi NOES: None ed, to adopt Planning -05, based on the findings , Schlehuber and Welshons ABSTAIN: None 7. PCDIGPC 94-01 - AVENIDA ENCINAS FXTENSION - Request for appr Declaration and a Plannina Commission Determination for a General Plan Avenida Encinas extension between the Encinas Water Treatment Plant and Transit District Rail Station property. Terri Woods, Associate Planner, reviewed the background of the request and stated that the Government Code requires all major public works projects to be reviewed to their conformity with the adopted General Plan. The proposed project is to Avenida Encinas with half street improvements to include curb and gutter Water Treatment Plant, continuing half-street improvements to the North 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 EXBIBIT "A" “21.41.110 :~~~~i~i::~;:~:~::::l:9 s Campaian . . . . . . . . ..j. ..: Sians--Purnose and Intent of Provisions. . . . . . . . . . . . . . . . . . . . . . ,... . . . . . It is the through 21.41. 160 to I I cf tw r~?-+,,,,c,&~ - ,.,:.. ..:( :......,..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . k ~~~~ia:hi~~ assure-the public safety and general welfare and ~ :':':.~~~~~~~~ creation of a public nuisance caused by the comfort and enjoyment of life or property. It in Reaulations Generallv, Notwithstanding any other provisions of this chapter, ~~~~~~~~~ campaign signs are permitted in any zone listed in the ,,, :rrg.yg<g,ect to the regulations set forth in Sections 21.41.130 through 21.41.160.11 "21.41. 3. ~~ Cam -Residential Zone1Re!y8$gg ai nSi ns--SizeRe ulations- Q signs shall be located in any shall conform to the following regulations: (a) No sign shall exceed the size limit established by this section for the zone en $@@ which it is located: (1) Any residentrglly zoned property including but not limited to R-l, R-2, R-3, R-P, R-T, RMHP and R-DM--six 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 corner 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. 1 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Reouired Sisns--Sisn Permit signs is as follows: (a) The zoning enforcement officer shall notify the following of the poXtie& / i:.: ,, , , , , . . .. . . . ..A.. I . . . . . . . . ,.,..,.,.,.. :.~~.:.:.:.:.:.:.:.:.~.:.:: . . . . . . . ..,.. ..,. as provided herein: ~~~~~~~~~~~~~~~~~~ sign requirements ::~=..i.:.::~.i:> . . . . &:.:..+,: ,....,. ~ . . . . . . . . . . . . . . . . . 7.. A __ ,.,.,._ _. ., ,.. ,.,.,._., (1) Local election: (A) Candidates for local or county office; for a local or county election; (2) State or national office: (A) Candidates for state or national office ~>:l:::..':':<.~::~~: :.:.:.:.~;.:.:.;o:~(::::::::::::~::.~.~:~:~,~~~: and/or their local campaign committee &&rmen .~~~~:~~~~:~~~ ; :.:.:.:.:.:.:.:.:,:.:.:.:.:.~:.:.:.:., ,.;.:~.):f.:.:.:.:.:~.~:.~.:.~:.:.:~. 2 (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 .,.....,... .I.1 .,.. . . area of 1"::::::r:':::*::y::;::$.: n...,..,.. 4.. ,,.,., 0) all ~xG~%M& $&$p.~@*@ ~.:.:.....:.:.:.:.:.:. .:.: _.... :.:.j:.~,~(.~,;.,.~,., .: ~~~~p~~ signs on a single lot or parcel of property shall.not. :g.~~~g&....~he limits established by subsections (a) (1) and (a) (2) .), . ...\... in -.>:...y.:.:.>p..: r.. ,:.q.."...") tt21.41.140 $#@@Q&@$$ CamDaiqn Siqns in public Riqht- of-Wav. ,.,.,.,..., . . . . ,..._1 ..I.. i... i....... . . .._...I_ i ._.. Notwithstanding any other provision of this code, a i ..:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:..,:.:.:.:.:.:.: ~~~i~~~g campaign sign may be placed in the public right-of-way ,..._..... . . ..w ./.i.. adjacent to a public street in commercially or industrially zoned areas or along prime or major arterials in residentially zoned areas subject to the following restrictions: (a) No sign shall be attached to any utility pole, bus bench, pole or structure supporting a traffic control sign or device, or hydrant. (b) No sign shall be placed on any tree or shrub by any nail, tack, spike or other method which will cause physical harm to the tree or shrub. (c) No sign shall be placed in such a manner as to obstruct the public use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a hazard to persons using.the public road right-of-way. (d) No sign shall be placed in the roadway or on the sidewalk. (e) No sign shall be placed in that portion of the public right-of-way or easement past the sidewalk without the consent of the adjoining property owner or person in possession if different than the owner." ‘“.‘.~~.:::~~,,.~,,,.~~~ .:<A..,, I “.xqy.<~:.~~,~, @#21.41.150 m CamDaian Siqns--Time Limit for Postins and Removal. . . ..,.. ..,.. .,. I..... _n ./_. ..i_ . . . . ..i.i ..,.,.. . . . . ..Y ~:::,,,~.~~,:,...I~:::::~~:~~~ ..'...~~~~~ campaign signs may be posted not more than thirty days prior to the date of an election and shall be removed within ten days immediately thereafter." 1 2 3 4 5 6 7 8 9 10 11 12 2 gj mum 227 sag 13 a00 OW$j 2qs 14 ;g$$ 9 'lso 15 S&pi 0 ggi,- o&-J 16 L a$$% c-5 I7 G 18 19 20 21 22 23 24 25 26 27 28 3 siws I (b) prior to the posting of any ~~~~~~~~ campaign the candidate I the :&,.’ ..:.‘.:.:.:.::w:’ . . . . :<.::.:.::. ~.~~~~gg~~, :::: fi’s :::. I .,..:: ‘:+$,&~& . . . . :...:.g...&.a .._... a campaign or any other person designated by the candidate or (c) A fee set by city council resolution shall be paid at the time the application for the permit is made. The 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. A> '.,+. "..:l,>c,(,~:.;: ,.., i' .;:\.: .(,. ii..>):.:.: ..'.~,.~.. >> ../.. ',.>< . . . . :.,y. .,' . . . . . . ,,.,. <.)): ~~~~~~~~~~~~~~~~~~~~~~ , ~~~~~~~~~~j;h~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . . r: 1.: _...; . . . . . > .,.,.. ..,. ..,. i, ,...,.........,.. :'r:, :....r. L . . . ..i..............C... .,.,.........._. ,.,.,...,.. i . . . . . . . ..i... .., .,.:.:< . . . . . . . . . . . . . . . . . . < . . . . . ..r...... /.i_...C...... 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Lt... ... ... ,.. .. .A.. ... f.. ., .,.,...,., :.:,:z.f: ..,',? >:.: s;~~~,iin~~~~~~~~~~~~~~~~~~~~~~,~~~~~~~~~~~~~~~~~~~~~:~~:~~ ‘.'Z .i,.: .A. :., '.'.> . . . . ..i. :,:.:+..:.::::..:;:~:f.%:.:.::' '.,:.::.:.:..;.: ,A/. :::):.:.:.:.:A:.:.: :,,::.?;.:.:.:.:.: :.>::::y n/. ,.: .,._, ,:. . ..'A .'.'..I . . . . . ,.. . . . . . . ,.,._.,.,.i,_i..,.,.,. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .,.,.,._ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~...~~~~~~~~~~~~~~~~~~~~~~ __ ..::p. .,.:.::.: _/, i.,.:..::.,.:::':‘,':f;:.~~~ f;&:.:.:.,::the perm~~~~~~~~~~:":'~~~, days after the removal of the 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. owner or occupant of the property on which the sign is located .&,+ ;@j present, the zoning enforcement officer shall inform him of '%e intention to remove the sign and the possibility of the charges for removal of the sign. The cost of such removal may be charged to the permittee as provided in Section 18.20.080(c) of this-code." . _ .>:.-.:.: . . . . . . . . . . . . . . . . (1.5. <p,.,.<.~.l'.* . . . . . . . ), ".".~~.,~....'..~.~~~~, A. ',>.cq _; :' , . . . . . . ..A. . . . . .>. . . . . ..,. . . . . . . . . . . . . . . ..,. <.: ,.... :,:.:.: ,..:. ):. . ..<.. .:.:. :.;<.;,~.\: ZLL @.... . I. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ :z.. '...'..'. .. .:A.. .__._i n., :.:.:+:.y:.:,:.. y+:.:.: .,:, ~ .:.:',.,,..,~, . . . . . 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PROOF OF PUBLICATlON (2015.5 C.C.P.) STATE OF CALIFORNIA County of San Oiego 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 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 Eonsall. Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Carisbad, 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-wit: I certify (ordeclard under penalty of perjury that the foregoing is true and correct. , hu ,,,,,,,,,,,Y--------~- w -we __-_--_--_--__--_---. 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 ling Stamp ‘roof of Publication of I -------- -------w -------s __________---__-------------- --v-s-- ----s--- ---m---- ___________-_----_------------- Paste Clipping of Notice SECURELY In This Space. NOTICE OF PUB;~~Ml%ING CAMPAIGNkGNS If you challenge the zone Ccds Amendment in court, you may be limited to raising only those is- sues msed by you or someone else at the public hearing de- sorIb& In ths notion, or in mit- ten cmmspondenm d&wed to the my Of Cadsbad, city Clerk’s Offb&gt or prior to the publlc APRlcAm CARLSBAD Cl COUNCIL TvCarlSbBd Legal 39939 July 16.1994 z . 3 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the Cou’nty 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 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, Cardiff, 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-wit: I certify (or declard under penalty of perjury that the foregoing is true and correct. day \ ’ 1 . 0 ’ 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 ‘roof of Publication of Paste Clipping of Notice SECURELY In This Space. C;AMPAIGN SIGNS 1 Legal 39939 July 16.1994 NOTICE OF PUBLIC HEARING ZCA 92-8 - CAMPAIGN SIGNS NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, July 26, 1994, to consider approval of an amendment to Chapter 21.41 of the Carlsbad Municipal Code, to differentiate between temporary. campaign signs and other political signs citywide. If you have any questions regarding this matter, please contact Mike Grim in the Planning Department, at (619) 438-1161, extension 4499. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad, City Clerk's Office, at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH: July 16, 1994 CARLSBAD CITY COUNCIL ZCA 92-08 CAMPAIGN SIGNS LABELS CARLSBAD UNIF SCHOOL DIST DR GEORGE MANNON SUPT 801 PINE AVENUE CARLSBAD CA 92008 LEUCADIA COUNTY WTR DIST 1960 IA COSTA AV CARLSBAD CA 92009 SAN MARCOS SCHOOL DIST DR LARRY MAW, SUPT 270 W. SAN MARCOS BLVD SAN MARCOS CA 92069 VALLECITOS WTR DISTRICT 788 SAN MARCOS BLVD SAN h4ARCOS CA 92069 ENCINITAS SCHOOL DIST DR PATRICIA CLARK WHITE 101 S RANCH0 SANTA FE RD ENCINITAS CA 92024 SANDIEGOCOUNTY DEPTOFPLANNING 5201 RUFFIN RD STE "B" SANDIEGO CA 92123 CITYOF ENCINITAS CITYOF OCEANSIDE CITYOFSANMARCOS 505 S.VULCAN AV 320 N HORNE ST 105WRICHMARAVE ENCINITAS CA 92024-3633 OCEANSIDE CA 92054 SANMARCOS CA 92069 CITYOFVISTA CALIFDEPTOFFISH&GAME PO BOX1988 330GOLDENSHORE #SO VISTA CA 92085 LONGBEACH CA 90802 ARTOJ.NUUTINEN 4920CAMPUSDR NEWPORTBEACH CA 92660 (Form A) TO: CITY CLERK'S OFFICE PLANNING DEPARTMENT PUBLIC HEARING REQUEST Attached are the materials necessary for you to notide ZCA 92-08 - Campaign Signs for a public hearing before the City Council. Please notice the item for the council meeting of . Thank you. Assiistant City Man-- June 21, 1994 Date NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Wednesday, February 2, 1994, to consider a request for an amendment to Chapter 21.41 of the Carlsbad Municipal Code, differentiating between temporary campaigns signs and other political signs Citywide. 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 January 27, 1994. If you have any questions, please call Mike Grim in the Planning Department at (619) 438-l 161, ext. 4499. If you challenge the Zone Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZCA 92-08 CASE NAME: CAMPAIGN SIGNS PUBLISH DATE CARLSBAD SUN: JANUARY 20, 1994 BLADE CITIZEN: JANUARY 21, 1994 CITY OF CARLSBAD PLANNING COMMISSION MG:vd