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HomeMy WebLinkAbout2000-01-18; City Council; 15581; Urgency Ordinance Of Sign Permits. G & E 2 0 8 2 2 ‘=; s 0 -a 2 .= 2 5 0 C h C-ITY OF CARLSBAD -AGENDA BILL AB# /+j-8i TITLE- EXTENSION OF URGENCY ORDINANCE AS A~~EN’DED ~Ro~lf3l~lNG THE ISSUANCE 0~ SIGN PERMITS DEPT. HD. MTG. l/18/00 FOR, AND/OR PLACEMENT OF LARGE FREESTANDING SIGNS DEPT. CA RECOMMENDED ACTIONS: Adopt Ordinance No. /vs-530 extending Urgency Ordinance NS-526 as amended for ten (10) months and fifteen (15) days. ITEM EXPLANATION At your meeting of December 14, 1999, Urgency Ordinance No. NS-526 was adopted to prohibit the issuance of sign permits for and/or the construction, erection, placement or alteration of large freestanding signs. A companion resolution was approved 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. Staff has not yet completed its study and recommendations and is, therefore, recommending that Urgency Ordinance NS-526 be extended ten months and fifteen days or until such time as staff completes their study and recommendations to Council and the Council acts upon them, whichever comes first. Staff is also recommending that the urgency ordinance as adopted on December 14, 1999 be modified to allow exceptions for signs approved as part of a sign program for a development project that has received all of its discretionary approvals, but the signs have not yet actually been erected and for signs that will be erected in the future where an application for a sign program and development permits are deemed complete. These amendments consist of exemptions to the prohibition on the issuance of sign permits and the construction, erection, placement, or alteration of large freestanding signs. Staff feels that these exemptions are .necessary and appropriate in fairness to the applicants who have justifiably relied upon prior approval of their sign programs in their development planning and marketing efforts, even though the signage itself may have not yet been erected, and likewise in fairness to those applicants whose application for sign program or permit approval are deemed complete and are awaiting action by the Planning Director. EXHIBIT Ordinance No. II /a -5q as amended). 1 2 3 4 5 6 7 8 9 10 11 12 said emergency interim ordinance, after notice and hearing, by a four-fifths vote for up 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-530 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA EXTENDING URGENCY ORDINANCE NO. NS-526 AS AMENDED PROHIBITING THE ISSUANCE OF SIGN PERMITS FOR, AND/OR PLACEMENT OF LARGE FREESTANDING SIGNS FOR TEN MONTHS AND FIFTEEN DAYS WHEREAS, at its regular meeting of December 14, 1999, the City Council adopted Urgency Ordinance No. NS-526 prohibiting the issuance of sign permits for and/or the construction, erection, placement or alteration of large freestanding signs pending a report and recommendations of staff; and WHEREAS, Government Code section 65858 authorizes extension of to ten (10) months and fifteen (15) days; and a subsequent extension once for up to one additional year; and WHEREAS, this ordinance is adopted pursuant to Government Code section 65858(a) allowing the extension of such urgency ordinance as amended by a four-fifths vote of its legislative body for ten (10) months and fifteen (15) days or until staff reports its recommendations to the City Council, NOW, therefore, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: That the above recitals are true and correct. SECTION 2: That Ordinance No. NS-526 as amended herein is extended ten (10) months and fifteen (15) days to read as follows: 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. - h 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 b) That signs constructed and erected in accordance with a sign program approved prior to the December 14, 1999 adoption of this ordinance shall be exempt from this moratorium and the limitations in section a) above, and that sign program and/or sign permit applications deemed complete prior to December 14, 1999, but not yet acted upon, shall be exempt from this moratorium and the limitations in section a) above. c) All other signs shall be subject to the existing time, place, and manner restrictions of the Municipal Code. d) 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. 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 in Agenda Bill 15,546 dated 12/14/99 on file with the City Clerk and made a part hereof and represent a current and immediate threat to the public health, safety and general welfare of the citizens of Carlsbad. EFFECTIVE DATE: This ordinance as amended shall be effective immediately upon passage and shall be of no further force and effect after ten months and fifteen days of the date of its adoption unless extended by the City Council according to law. At least ten days prior to the expiration of this interim ordinance, the City Council shall issue a written report describing the measures it has taken to alleviate the conditions which lead to the adoption of this ordinance. The City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be published once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. SEVERABILITY CLAUSE: If any section, subsection, sentence, clause, 2 2 3 4 5 6 7 8 9 10 11 12 13 14 1 phrase or part of this 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 chapter. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any or more sections, subsections, clauses, phrases, or parts be declared invalid or unconstitutional. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council on the 18th day of January I of 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, FinnilB, and Nygaard NOES: None ABSENT: Council Member Kulchin APPROVED AS TO FORM AND LEGALITY 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (SEAL) NOTICE OF PUBLIC HEARING h EXTENSION OF URGENCY ORDINANCE RELATING TO THE PROHIBITION OF ISSUANCE OF SIGN PERMITS FOR AND/OR THE PLACEMENT OF LARGE FREESTANDING SIGNS WITHIN THE CITY 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 January 18, 2000, to consider an extension of an Urgency Ordinance (Ordinance No. NS-526), relating to the prohibition of issuance of sign permits for, and/or the placement of large freestanding signs within the City. 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 14, 2000. If you have any questions regarding this matter please call Chris DeCerbo, in the Planning Department, at (760) 438-l 161, extension 4445. If you challenge the Urgency Ordinance 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: January 7,200O CITY OF CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEARING EXTENSION OF URGENCY ORDINANCE RELATING TO THE PROHIBITION OF ISSUANCE OF SIGN PERMITS FOR AND/OR THE PLACEMENT OF LARGE FREESTANDING SIGNS WITHIN THE CITY 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 January 18, 2000, to consider an extension of an Urgency Ordinance (Ordinance No. NS-526), relating to the prohibition of issuance of sign permits for, and/or the placement of large freestanding signs within the City. 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 14, 2000. If you have any questions regarding this matter please call & ,,&&,& in the &&,& , at (760) yJg~{/Cl extension I d ‘$#‘$s- If you challenge the Urgency Ordinance 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: January 7,200O CITY OF CARLSBAD CITY COUNCIL