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HomeMy WebLinkAbout1999-12-14; City Council; 15546; Regulation of SignsCITY OF CARLSBAD - AGENDA BILL 410 AB# /Ts% MTG. 12/l 4199 DEPT. CA TITLE: ADOPT URGENCY ORDINANCE NO. @-flJb PROHIBITING THE ISSUANCE OF SIGN PERMITS FOR, AND/OR PLACEMENT OF LARGE FREESTANDING SIGNS AND ADOPTING RESOLUTION NO. ?y-ss DIRECTING STAFF TO STUDY AND REVISE CARLSBAD MUNICIPAL CODE TITLE 21, CHAPTER 21.41, TITLE 18, CHAPTER 18.20 AND THE CARLSBAD VILLAGE REDEVELOPMENT MASTER PLAN REGULATION OF SIGNS. DEPT. HD. CITY All-Y. e- CITY MGR. RECOMMENDED ACTION: Adopt Urgency Ordinance No. Ms-a/;: by a four-fifths vote of the City Council, pursuant to Government Code sections 65858 and 36937, prohibiting the issuance of sign permits for and/or the construction, erection, placement or alteration of large freestanding signs and adopting Resolution No. 99-fq directing staff to study and recommend revisions to Carlsbad Municipal Code Title 21, Chapter 21.41, Title 18, Chapter 18.20 and the Carlsbad Village Redevelopment Master Plan regulation of signs. ITEM EXPLANATION: This recommendation for a zone code amendment is being initiated by the City Attorney following consultation with the Planning Director to ensure that the City’s sign ordinance is in compliance with current law. Title 21, Chapter 21.41 of the Carlsbad Municipal Code regulating signage within the City was last amended in 1996. Since that time, both the California and Federal courts, particularly our regional Ninth Circuit, have rendered decisions regarding First Amendment Constitutional challenges to municipal sign ordinances. These decisions have clarified the law with regard to a city’s authority to protect the health, safety and welfare of its residents by regulating the design, construction and installation of signs in the city, while at the same time, balancing the rights of businesses and individuals to identify themselves and convey a message. The primary focus of these decisions has been the courts’ disapproval of content based regulation unless it serves a compelling governmental interest and is narrowly tailored to meet that interest. First Amendment protection is absolute for non-commercial speech, i.e., any message where the prevailing thrust is not to propose a commercial transaction, with the exception of reasonable time, place and manner restrictions. The law is now clear that a city should not impose greater restrictions on non-commercial speech than those which are imposed on commercial speech which advertises a product or service for a profit or a business purpose, proposes a commercial transaction, or relates solely to economic interest. In light of the guidance provided by these recent court decisions, the City Attorney’s Office is now recommending that the City Council direct the Planning Director to study the City’s sign ordinance and then that the ordinance be repealed and reenacted, if necessary, to conform with current case law. In addition to ensuring that there is no regulation on non-commercial speech, the recommended zone code amendment will set forth the legislative intent of Council in continuing to prohibit the erection of certain types of signs which do not promote the aesthetic and traffic safety objectives determined to be in the public’s best interest, such as the erection of billboards. Moreover, this amendment will set forth the Council’s basis for distinguishing between certain types of commercial speech where it has found that there is a compelling governmental interest in doing so. A final key purpose of this zone code amendment will be to make the City’s sign regulations more straightforward and evident. The Planning Director feels that it is important that business owners, developers, and residents in the City have clear and easily understandable guidelines as to what is allowed with regard to signage for various concerns. The “Sign Code” found in Title 18, Chapter 18.20 of the Municipal Code and the Carlsbad Village Redevelopment Master Plan referenced in Chapter 21.35, should also be reviewed and revised as appropriate for consistency and clarity in relation to the zoning ordinance provisions of Chapter 21.41. MORITORIUM: Government Code section 65858 permits the Council to adopt an interim ordinance prohibiting the issuance of sign permits which may be in conflict with a contemplated zone code amendment that it intends to study within a reasonable time. The urgency ordinance requires a four-fifth vote of the Council and is effective for 45 days and may be extended after notice in a public hearing for an additional 10 months and 15 days. Government Code section 36937, which would be applicable to Title 18, Chapter1 8.20, provides for the immediate adoption of an ordinance when necessary for the preservation of the health and safety of the public. The prohibition on the issuance of sign permits for large freestanding signs in the study area, which includes the entire City of Carlsbad, would continue to prevent the erection of certain types of signs which the Council has in the past prohibited in the best interest of the public health, welfare, and safety, from being erected while the issue of signage is being considered and the ordinance is pending amendment. Moreover, signs that are legal under the current ordinance, which may become legal nonconforming signs under the newly adopted ordinance, may be allowed to remain for some period of time allowing an owner to recoup the investment in that signage. The Council’s adoption of the urgency ordinance would preclude any additional investment in the construction or alteration of costly signage in the City, while the study is being conducted. Therefore, it is further recommended that Council determine pending staffs consideration and preparation of a revised sign ordinance and code amendments, that a moratorium be declared on the issuance of sign permits for, and/or the construction, placement, erection, or alteration of any freestanding signs with any dimension of greater than eight feet (including any support structures and framing), and with a sign face area of greater than thirty-five square feet , except for a change of copy on existing signs. All other signs shall be subject to the existing time, place, and manner restrictions of the Municipal Code and non- com,mercial signs shall be permitted in each instance and under the same conditions in which the code permits any sign. The study of the sign ordinance will involve a significant commitment of staff time due to the complexity of the matter. It is possible that the timing and priority of certain special projects now being worked on by the Planning Department and/or City Attorney may be affected. Attached for Council’s consideration is Urgency Ordinance No. &3-3-24 for introduction and adoption, giving legal affect to that determination. Following the adoption of this ordinance, the City Council shall hold a public hearing on January 18, 2000, to consider extending this ordinance for up to 10 (ten) months and 15 (fifteen) days pursuant to Government Code section 65858(a). The City Clerk is directed to notice the hearings as required by Government Code section 65090. FISCAL IMPACT: There will be substantial expenditures of staff time both in drafting the proposed zone code amendment and ultimately, in monitoring and obtaining compliance with the newly enacted sign code regulations. However, no identifiable expenditure of funds are proposed at this time. If it becomes necessary to utilize consultant services, staff would return to Council for authorization. The adoption of this ordinance will authorize staff to study and gather information regarding the City’s sign ordinance and, as such, is statutorily exempt from environmental review at this time per Section 15262 of the California Environmental Quality Act. Any subsequent revisions to the sign ordinance will require environmental review and analysis. EXHIBITS: 1. Urgency Ordinance No 2. Resolution of Intention 1 2 2 4 e I e 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 ORDINANCE NO. NS-526 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO PROHIBIT THE ISSUANCE OF SIGN PERMITS FOR, AND/OR THE PLACEMENT OF LARGE FREESTANDING SIGNS WITHIN THE CITY WHEREAS, the City Council has carefully considered the issues presented in the attached agenda bill and the recommendations of its staff; and WHEREAS, there are a number of freestanding signs within the City as well as contemplated signs and pending sign permits which would be subject to the sign standards in Chapters 21.41, 18.20 and the Carlsbad Village Redevelopment Master Plan referenced in Chapter 21.35; and WHEREAS, the construction, placement, erection, or alteration of such signs would change the character of the neighborhood and cause needless expense and inconvenience if that signage were later determined to be illegal or inappropriate; and ’ WHEREAS, the City Council has determined that staff should be directed to study the City’s sign code provisions and consider appropriate revisions; and WHEREAS, staff has been directed to expeditiously report on its recommendations for any zone code and sign code amendments in a timely manner; and WHEREAS, in order to maintain the status quo and preserve the health, safety, and general welfare pursuant to Government Code sections 65858 and 36937, it is necessary for this ordinance to take effect immediately. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That the above recitals are true and correct. SECTION 2: Moratorium: a) That pending review and study and a report or recommendation of the Planning Department and the Planning Commission, no sign permit shall be issued for the construction, placement, erection, or alteration of any freestanding sign with either (i) any dimension of greater than eight feet (including any support structures and framing), or (ii) with a sign face area of greater than thirty-five square feet (including any support structures and framing), nor shall any such structure be constructed, erected, placed, or altered, except for a change of copy on existing signs, within the City of Carlsbad. 1 1 2 2 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 b) All other signs shall be subject to the existing time, place, and manner restrictions of the Municipal Code. cl Non-commercial speech on signs, defined as that which does not propose a commercial transaction as its prevailing thrust, shall be permitted in each instance and under the same conditions in which the code permits any sign. SECTION 3: Following the adoption of this ordinance, the City Council shall hold a public hearing on January 18, 2000, to consider extending this ordinance for up to 10 (ten) months and 15 (fifteen) days pursuant to Government Code section 65858(a). The City Clerk is directed to notice the hearings as required by Government Code section 65090. SECTION 4: The City Council may amend this ordinance from time to time if it finds there are changed circumstances in the facts that led to its adoption. DECLARATION OF URGENCY: This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and shall take effect immediately upon its adoption. The facts constituting the emergency are those set forth above and represent a current and immediate threat to the public health, safety and general welfare of the citizens of Carlsbad. EFFECTIVE: This urgency ordinance shall be effective immediately upon passage and shall remain in force and effect until the City Council has received, considered, and acted upon the Planning Commission recommendation for a zone code amendment of Chapter 21.41 pertaining to signs, and any corresponding amendments to Chapter 21.35 including the referenced Carlsbad Village Redevelopment Master Plan, and the Sign Code in Chapter 18.20. SEVERABILITY: If any section, subsection, sentence, clause, phrase or part of this urgency ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of this urgency ordinance. The City Council hereby declares that it would have adopted this urgency ordinance and each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more of the sections, 2 , 1 2 3 4 5 6 7 6 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 subsections, sentences, clauses, phrases or parts are declared invalid or unconstitutional. Furthermore, if the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeat of the Carlsbad Municipal Code by this Ordinance will be rendered void and cause such Carlsbad Municipal Code provision to remain in full force and effect for all purposes. lNTRODUCED PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council on thel-day of DECEMBER , 1999, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None All-EST: ALMA L.k&&EN@ANZ. City Clerk KAREN R. KUNDTZ, Assistant City Clerk (SEAL) RESOLUTION NO. 99-535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING THE CITY COUNCIL’S INTENTION TO HAVE STAFF STUDY AND RECOMMEND REVISIONS TO PROHIBIT THE ISSUANCE OF SIGN PERMITS FOR THE PLACEMENT OF LARGE FREESTANDINAND SIGNS WITHIN THE CITY REGULATING SIGNS WHEREAS, the City Council has determined that the City’s authority to regulate signage within the City has been further defined by several recent court decisions; and WHEREAS, the City Council has determined that there is a need to specify the Council’s legislative intent in regulating various types of signage; and WHEREAS, the City Council desires to have the City’s sign code provisions consistent, clear and readily understandable, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council directs the Planning Director and staff to study and make recommendations for consideration by the Planning Commission and City Council at appropriate public hearings to repeal and reenact Carlsbad Municipal Code Title 21, Chapter 21.41, and if necessary Title 18, Chapter 18.20 and the Carlsbad Village Redevelopment Master Plan referenced in Chapter 21.35, to comply with current case law, articulate legislative interest and clarify the City’s sign regulations. PASSED, APPROVED AND’ ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of DECEMBER 1999, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ATTEST: Z, City Clerk KAREN R. KUNDTZ, Assistant City Clerk (SEAL)