HomeMy WebLinkAbout2000-11-14; City Council; 15967; Urgency Ordinance Of Sign PermitsAB# /5,% 7
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DEPT. CA
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CITY OF CARLSBAD - AGENDA BILL “16
TITLE- EXTENSION OF URGENCY ORDINANCE AS
AMENDED PROHIBITING THE ISSUANCE 0~ SIGN PERMITS
FOR, AND/OR PLACEMENT OF LARGE FREESTANDING
SIGNS
RECOMMENDED ACTIONS:
Adopt Ordinance No. N s *sb & extending
amended for up to one year.
ITEM EXPLANATION
DEPT. HD.
CITY ATTY. 4P ’
CITY MGR. w
Urgency Ordinance NS-530 as
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 on the adoption of clear and comprehensible sign
standards for all zones within the City, in conformance with the guidelines established
by current case law. This ordinance was effective for forty-five (45) days from its date
of adoption. 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.
After a public hearing on January 18, 2000, the City Council extended Urgency
Ordinance No. NS-526 by the adoption of Urgency Ordinance No. NS-530 for ten (10)
months and fifteen (15) days, to allow staff additional time to complete this complex
project. This amendment to the Urgency Ordinance as originally adopted excepted
from the moratorium signs approved as part of a sign program for a development
project that had received all of its discretionary approvals, but for which the signs had
not yet actually been erected, and signs that would be erected in the future for which
an application for a sign program and development permits were deemed complete at
the time of the adoption of the moratorium.
Staff is now requesting a final extension of the Urgency Ordinance as amended, to
provide staff the additional time necessary to complete this project. Government Code
section 65858 authorizes a second extension if the Council finds by a four-fifths vote
that the extension is necessary to protect the public safety, health, and welfare. This
extension would be for up to one year or until such time as staff completes their study
and recommendations to Council and the Council acts upon them, whichever comes
first. It would take effect immediately upon termination of the prior interim ordinance.
Although, staff has not yet completed their study and recommendations, they have
presented their recommendations with regard to a zone code amendment and local
coastal program amendment amending the City’s sign ordinance and sign code for the
City’s C-M, M and P-M zones to the Planning Commission. On September 20, 2000,
the Planning Commission unanimously recommended their approval to Council. These
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AB# 15lqb7 , Page Two
recommendations are currently pending presentation to Council for final approval with
the accompanying specific plan amendments.
These revisions included the addition of a Purpose and Intent Section to the City’s
Sign Ordinance to clarify the City Council’s objectives in enacting the sign ordinance in
accordance with recent case law regarding the constitutional validity of sign
ordinances, as well as the addition/revision of sign related definitions to clarify the sign
ordinance. To ensure consistency between the City’s Sign Ordinance and Sign Code,
Title 18, Chapter 18.20 is also proposed for amendment to revise sign related
definitions which are common to both Chapters of the Municipal Code.
The City’s existing sign ordinance does not include detailed sign regulations for uses
within the C-M, M and P-M zones. With respect to these zones, the sign ordinance
generally permits a maximum of 1.5 square feet of sign area per lineal foot of building
frontage per lot. There are, however, no standards regarding the permitted number
and location of various sign types (i.e., wall, monument and directional signs) nor their
physical attributes (i.e., maximum sign area, letter height and logo size). Specific sign
standards for proposed industrial, office, and commercial uses within these zones have
historically been regulated by Specific Plan sign provisions. Within the City of
Carlsbad, there exist three planned industrial business-park specific plans (Carlsbad
Research Center (SP 180(A)), Carlsbad Airport Center (Specific Plan 181(A) and
Carlsbad Airport Business Center (SP 200)). Many of the sign provisions of these
specific plans (which were written in the late 1970’s and early 1980’s) are out of date,
somewhat unclear and in need of revision. Accordingly, the completed portion of the
sign ordinance amendment provides that the new codified sign standards for the C-M,
M and P-M zones, supersede the Sign and Graphic requirements of all of these
Specific Plans, and all sign programs adopted pursuant to these Specific Plan Sign
and Graphic requirements.
These recommended revisions for the C-M, M and P-M zones are consistent with the
restrictions in the current urgency ordinance and the recommended urgency ordinance
extension since freestanding monument signs are restricted so as not to have any
dimension of greater than eight feet including any support structures and framing, or a
sign face area of greater than 35 square feet including any supports.
Staff continues to work diligently to complete their recommendations with regard to the
remainder of the sign ordinance provisions. Therefore, staff is recommending that
Council extend the Urgency Ordinance to allow sufficient time to complete this multi-
faceted assignment.
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.
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AB# 16,q b7 , Page Three
ENVIRONMENTAL REVIEW:
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.
EXHIBIT:
Urgency Ordinance No.Nsp56 qas amended).
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ORDINANCE NO. NS- 562
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA EXTENDING
URGENCY ORDINANCE NO. NS-530 AS AMENDED
PROHIBITING THE ISSUANCE OF SIGN PERMITS FOR,
AND/OR PLACEMENT OF LARGE FREESTANDING
SIGNS FOR UP TO ONE YEAR.
WHEREAS, at its regular meeting of January 18, 2000, the City Council
adopted Urgency Ordinance No. NS-530 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, said interim ordinance, as amended, was extended by a four-
fifths vote of the City Council for up to ten (10) months and fifteen (15) days; and
WHEREAS, Government Code section 65858(a) authorizes a subsequent
extension of said interim ordinance, after notice and hearing, by a four-fifths vote of the
legislative body for up to one year; and
WHEREAS, the City Council finds that in order to protect the public safety,
health, and welfare it is necessary to extend said interim ordinance as amended for up
to one year, or until staff reports their completed recommendations to the City Council
and it acts upon them, whichever comes first.
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- 562 as amended herein is
extended for up to one year 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
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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.
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 termination of the
prior interim ordinance. The facts constituting the emergency are those set forth in
Agenda Bill 15,546 dated December 14, 1999 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 one year from the
date of its adoption, or at such time as staff completes their study and
recommendations to City Council and it acts upon them, whichever comes first.
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,
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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 21st day of November I of 2000, by the
following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin.
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGAL .ITY
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RONALD R. BALL, City Attorney
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NOTICE OF PUBLIC HEARING
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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 for 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 November 21,2000, to consider an extension of an
Urgency Ordinance (Ordinance No. NS-530), 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 November 17,200O. If
you have any questions regarding this matter please call Chris DeCerbo, in the Planning
Department, at (760) 602-4600, extension 46 11.
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: November lo,2000
City of Carlsbad
City Council
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City
Records Management Department
December 5,200O
Attn: Acquisitions Office
San Diego County Law Library
1105 Front Street
San Diego, CA 92101-3904
Re: Adopted Ordinance No. NS-562 for the City of Carlsbad
Enclosed is a copy of Ordinance No. NS-562, adopted at the Carlsbad City Council Meeting
on November 2 1,200O.
Sincerely,
/QLL
Debra Doerfler if--
Offke of the City Clerk
Enclosure
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 l (760) 434-2808 @
City of Carlsbad
Records Management Department
December 5,200O
San Diego County Law Library
North County Branch
325 South Melrose, Suite 300
Vista, CA 92083-6697
Re: Adopted Ordinance No. NS-562 for the City of Carlsbad
Enclosed is a copy of Ordinance No. NS-562, adopted at the Carlsbad City Council Meeting
on November 2 1,200O.
Sincerely,
Debra Doerfler v
Office of the Carlsbad City Clerk
Enclosure
1200 Carlsbad Village Drive l Carlsbad, CA 92008-1989 l (760) 434-2808 @
City of Carlsbad
Records Management Department
December 5,200O
Steve Steiner
Customer Relations Assistant
Book Publishing Company
201 Westlake Avenue North
Seattle, WA 98 log-5293
Re: Adopted Ordinance No. NS-562 for the City of Carlsbad
Enclosed is a copy of Ordinance No. NS-562, adopted at the Carlsbad City Council Meeting
on November 2 1,200O.
Sincerely,
Debra Doerfler
Office of the City Clerk
Enclosure
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 l (760) 434-2808 @