Loading...
HomeMy WebLinkAbout2001-07-24; City Council; 16302; Formation of a Citizen's Committee0 3 CITY OF-CARLSBAD -AGENDA BILL AB# /6, 3lu TITLE:. FORMATION OF A CITIZEN’S COMMITTEE TO DEPT. HD. STUDY THE PROPOSED SIGN ORDINANCE AND REPORT MTG. ON ANY RECOMMENDATIONS FOR REVISIONS THERETO. 72544 CITY Al-l-Y. DEPT. CA CITY MGR. RECOMMENDED ACTION: (1) Adopt Resolution No. 2 08/-a?% forming a Citizen’s Committee to study the City’s proposed sign ordinance; and (2) Adopt Resolution No. Job/-a37 authorizing the City Attorney’s office to retain the services of an attorney specializing in the constitutionality of municipal sign regulations. ITEM EXPLANATION: At its meeting of July IO, 2001, the City Council gave careful consideration to the report from the Planning Department outlining the history of the Planning Commission’s Minute Motion of June 20, 2001, requesting that Council direct public workshops to be conducted to study the proposed revisions to the City’s sign ordinance and receive public input on those recommended revisions. The City Council, thereafter, directed the City Attorney to return with documents implementing the Council’s decisions. At that meeting the Council determined the following: To appoint a 1%member Citizen’s Committee to review the proposed sign ordinance and make recommendations for appropriate revisions. The Mayor appoints a member at large and each Council member shall recommend two members each from the various quadrants, who have no financial interest in Carlsbad other than the ownership of their home. To have the remaining six members of the appointed Committee to be two members of the Chamber of Commerce, one member of the Village Business Association, one representing Residential Realtors, one representing the Retail Development Community and one representing the Industrial Development Community, and the Planning Director or his designee to be an ex-officio member of the committee. That the meetings of the Citizen’s Committee be open and public and that the community at large be invited to attend and participate. To provide the Citizen’s Committee with whatever resources are necessary in order to accomplish its task, including, outside counsel specializing in the constitutionality of sign ordinance regulations, to advise staff and the committee on any proposed revisions to the existing ordinance. That the Committee shall prepare a report to the Planning Commission no later than September 19,2001, That the Planning Commission thereafter shall consider the report of the Committee and the draft of the ordinance as then proposed by staff and act on the matter with a recommendation to the City Council no later than October 23, 2001. l That the City Council thereafter take action with regard to the proposed sign regulations in a timely matter so that the newly adopted ordinance will be effective no later than December 14, 2001, at which time the current urgency ordinance will expire. FISCAL IMPACT: There will be expenditures of staff time and necessary supplies, equipment, materials, and experts, in order that the Committee may complete its work expeditiously in a matter which will depend on the frequency of their meetings. Outside special legal counsel shall be billed at $160 per hour as explained in the attached proposal. ENVIRONMENTAL REVIEW: The formation of the Citizen’s Committee is intended to facilitate public understanding and the collection of information regarding recommendations for revisions to the proposed sign ordinance, and will not result in any adverse environmental impacts. This action is, therefore, categorically exempt under CEQA pursuant to Guidelines 15262 and 15306. EXHIBITS: 1. Resolution No. 2. Resolution No. 3. Urgency Ordinance No. 526. 4. Urgency Ordinance No. 530. 5. Urgency Ordinance No. 569. 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 RESOLUTION NO. 2001-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FORMING A CITIZEN’S COMMITTEE TO MAKE RECOMMENDATIONS ON THE PROPOSED SIGN ORDINANCE AMENDMENTS WHEREAS, several cities in California have or are currently litigating the validity of their sign ordinances; and WHEREAS, the City of Carlsbad was put on notice in 1998 by an outdoor advertising company that its ordinance may be challenged as well; and WHEREAS, the adjacent city of Oceanside was recently involved in litigation concerning its sign ordinance which was held to be unconstitutional and which resulted in the placement of a number of billboards in that city; and WHEREAS, therefore, pursuant to Government Code section 65858(a) on December 14, 1999, the City Council adopted Urgency Ordinance NS- 526 prohibiting the issuance of sign permits for and/or the construction, erection, placement 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), pending review and study and a report or recommendation of the Planning Department and the Planning Commission for any zone code and sign code amendments ; and WHEREAS, on January 18,2000, the City Council extended said interim ordinance (NS-530) for ten months and fifteen days as amended to allow signs constructed and erected in accordance with a sign program approved prior to December 14, 1999 and sign programs and/or sign permit applications deemed 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 complete, but not yet acted upon prior to December 14, 1999, to be exempt from the moratorium and the limitations; and WHEREAS, in the process of reviewing and revising the ordinance staff initially consulted with developers in the C-M, M and P-M zones in order to receive their input and recommendations concerning signage in these zones; and WHEREAS, on September 20,2000, recommendations for the C-M, M and P-M zones were approved by the Planning Commission after opportunity for public comment; and WHEREAS, on November 21,2000, the City Council adopted NS-562 extending Urgency Ordinance NS-530 as amended for up to one year, expiring on December 14, 2001, or until staff reports their completed recommendations to the City Council and it acts upon them, whichever comes first; and WHEREAS, on March 6, 2001 the City Council adopted Ordinance No. NS-569 to approve Zone Code Amendment No. 99-09, amending the City’s Sign Ordinance, (Chapter 21.41 of the Carlsbad Municipal Code), to incorporate clear and comprehensive sign standards for the C-M, M and P-M zones; and WHEREAS, staff proceeded t-0 review and revise the City’s sign ordinance to recommend signage regulations with regard to signage on residential, retail, office and industrial properties, to make the Code more easily understandable, and to ensure that the Code conforms to the current state of constitutional law; and WHEREAS, on April 4, 2001, Planning staff made a presentation to , the Planning Commission at its regular meeting, briefing the Commission on an overview of the law as it pertains to signage regulations, including concepts and 2 1 principles which staff followed in preparing its recommendations for proposed 2 revisions to the Carlsbad signage ordinance; and 3 WHEREAS, thereafter, at the request of the Village Business 4 Association, the City Attorney and the Housing and Redevelopment Director made a presentation at the Village Business Association meeting of May 8, 2001 to explain the intended recommendations for new citywide signage regulations and how they would affect the Village Master Plan sign; and 5 6 7 8 9 WHEREAS, the comprehensive sign ordinance amendment was 10 noticed for the Planning Commission agenda of May 16, 2001, but was continued 11 on that date since there was inadequate time for consideration and public comment 12 13 14 15 16 17 as regarding the proposed revisions; and WHEREAS, on June 6,2001, the comprehensive sign ordinance amendment was once again before the Planning Commission and public testimony was taken concerning the proposed revisions including testimony by twenty-four members of the public over three and one-half hours; and 18 WHEREAS, the Planning Commission at the June 6,2001, regular 19 meeting determined that based on the volume of public comment there was a need 20 21 22 23 24 25 26 for an additional Planning Commission workshop before deliberation on the proposed ordinance; and WHEREAS, a special workshop was held on June 13,200l at the Carlsbad Senior Center, and several members of the public attended and five members of the public testified before the Planning Commission on the proposed sign ordinance revisions; and 27 II WHEREAS, on June 20,200l the comprehensive sign ordinance 28 amendment was again before the Planning Commission for the third time and 3 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 several hours of public testimony from 16 members of the public was considered by the Commission; and WHEREAS, many of the members of the public testifying at the above mentioned meetings requested additional time to review and comment on the City’s proposed sign ordinance; and WHEREAS, at the June 20,200l meeting the public also expressed an interest in having the recommended sign ordinance revisions reviewed by an independent attorney consultant who specializes in the constitutionality of sign regulations; and WHEREAS, at the conclusion of the June 20,200l hearing on the matter, the Planning Commission unanimously continued the matter to a date uncertain, and approved a minute motion requesting that the City Council direct that public workshops be conducted to provide public input on the proposed ordinance and clarify the recommendations of staff; and WHEREAS, the Village Business Association in its newsletter of July 2001 made a request that written information concerning the constitutionality of sign regulation cases be provided to the public for review; and WHEREAS, on July 9, 2001, the City Attorney’s office made such resource materials, including articles and cases regarding sign regulations available at the City Clerks office, Dove Library and Cole Library for review by any interested member of the public; and WHEREAS, at its meeting of July 10, 2001, the City Council discussed the Planning Commission’s minute motion and unanimously determined that the general public should be provided additional opportunity to review and 4 1 comment on the proposed ordinance at public hearings to be conducted by a 2 citizen’s committee; and 3 WHEREAS, the City’s urgency ordinance cannot be extended beyond 4 December 14,200l and the new ordinance must be in effect by December 14, 5 2001 requiring that it be introduced to the City Council no later than November 6, 6 2001. 7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 8 9 City of Carlsbad, California, as follows: 10 1. That the above recitals are true and correct. 11 2. There is hereby formed a citizen’s committee to study the 12 proposed revisions to the City’s sign ordinance as currently revised based on public 13 testimony to date (attached hereto as Exhibit A) consisting of fifteen members 14 which shall carefully study and consider all appropriate and relevant information, 15 16 including public input, and make its report and recommendations to the Planning 17 Commission no later than September 19, 2001 for Commission’s consideration 18 before staff finalizes the proposed comprehensive sign ordinance amendment. The 19 Citizen’s Committee report shall make recommendations with regard to areas of 20 specific concern to residents, business owners and developers. 21 3. The Mayor shall appoint one member from the community at large 22 and each member of the City Council shall recommend two members to the 23 24 Citizen’s Committee from the various quadrants who have no financial interest in 25 Carlsbad other than the ownership of their home, and the additional six members 26 shall be appointed as follows: 27 a. Two to represent the Chamber of Commerce; 28 b. One to represent the Village Business Association; 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. One to represent the Residential Realtors; d. One to represent the Retail Development Community; e. One to represent the Industrial Development Community; and f. The Planning Director or his designee who shall be an ex- officio member of the Committee. 4. The Committee shall be given all necessary support, supplies, materials, assistance of experts, and other resources necessary for the expeditious completion of its work. 5. The meetings of the citizen’s committee shall be open and public and any person may attend. The Committee shall select a chair person from its members and shall conduct its meetings in general conformance with the City Council procedures. 6. The committee shall allow a reasonable comment period at each of its meetings for public comment. 7. That once the Citizens Committee has prepared a report to the City Council or by September 4, 2001, whichever occurs first, the Committee shall be dissolved. 8. That the Planning Commission shall thereafter in consideration of the report and the ordinance as then proposed, act on the matter with a recommendation to the City Council no later than October 23, 2001, which shall also be provided with the Committee’s report. 9. The initial members of the Committee shall be: NAME: REPRESENTATION: Bailey NobJe 6 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 Rich Barnes Sotieast Quadrant Joe Bear Julie Spitzer Northeast Quadrant Guy Roney III Bill Lantz Northwest O-ant Harry Prigg Northwest Quadrant Leslea Rutledqe et Joyce Kennedy Southwest Ouadrant Bob Ladwig Chamber of Commerce Diane Scheer CVBA Kurt Burkhart Business Communitv At Targe Bill Huss Business Cowty At Targe Rick Blakemore Business Community At Large Scott Brusseau Business Co-t-v At Large PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 24th day of July , 2001 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila NOES: Council Member Ha ABSENT: None. (SEAL) 7 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 RESOLUTION NO. 2001-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY TO RETAIN THE SERVICES OF AN ATTORNEY SPECIALIZING IN THE CONSTITUTIONALITY OF SIGN ORDINANCE REGULATIONS. WHEREAS, the City of Carlsbad is’currently in the process of revising its Municipal Code provisions relating to sign regulations; and WHEREAS, the City Council has directed that a Citizen’s Committee be formed to review and comment on the proposed ordinance at public hearings to be conducted by a 15-member Citizen’s Committee ; and WHEREAS, several members of the public have requested at Planning Commission hearings held to date on the proposed ordinance that the services of an attorney specializing in constitutional law with regard to signage regulations be hired as a consultant to guide staff and the public in formulating the ordinance; 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 Council hereby authorizes the City Attorney’s office to retain the services of an attorney specializing in the constitutionality of sign regulations to guide staff in implementing staffs proposed revisions after considering the recommendations of the Citizen’s Committee. This expert may be called upon, when necessary, as a resource along with the City Attorney’s office, for advisement on the constitutionality of any proposed revisions to the draft ordinance until such time as the new ordinance is adopted by the City Council. 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 Reso 2001-237 page 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 24th day of . July I 2001 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, and Nygaard. 11. NOES: Council Member Ha ABSENT: None. / / I Rqlf\JE M. WOOD, City Clerk (SEAL) 2 1 1 1 1: 11 11 ‘l( 1; It 1E 2c 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-526 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO .PROHlBlT THE ISSUANCE OF SIGN PERMITS FOR, AND/OR THE PLACEMENT FREESTANDING SIGNS WITHIN THE C,K LARGE 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 Carisbad 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 wuse needless expense and inconvenience if that signage were later determined to be illegal or inappropriate; and WHEREAS, the Cii Council has determined that staff should be directed to study the City’s sign oode 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, Catifomia, does ordain as hollows: 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 Dlanning 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 1 1 1 1’ li 11 1: II 11 2t 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. c) 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 emergdncy 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 weifare of the citizens of Cartsbad. 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 induding the referenced Carlsbad Village Redevelopment Master Plan, and , the Sign Code in Chapter 18.20. SEVERABILITY: If any section, subsection, sentence, clause, phrase or Bart of this urgency ordinance is for.any reason held to be invalid or unconstitutional by the inal 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 dedares 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 mqre of the sections, 2 ! l( 11 12 1 2 3 4 5 6 7 8 3 1 I ! I I i 1 1 8 3 1 I ! 1 1 i i WREN R. KUNDTZ, Assistant City Clerk (SEAL) 1 I! 2t 21 2: 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 repeal of tha 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. INTRODUCED PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council on thelmday of DECEMBER , 1999, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ATTEST: AL#lA L.wEl@@INZ, Citv Clerk 3 : 1 I 1 I . f i I E IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 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 5 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 stat and WHEREAS, Government Code section 65858 authorizes extension of said emergency interim ordinance, after notice and hearing, by a four-fifths vote for up 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 I: 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. 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. dl 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. r 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 ,’ I ! l( 11 1: 1: 14 15 1C 17 18 19 20 21 22 23 24 25 26 27 28 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 , of 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnil&, and Nygaard NOES: None ABSENT: Council Member Kulchin APPROVED AS TO FORM AND LEGALITY (SEAL) . II 1 ORDINANCE NO. NS’5 6g 2 3 4 5 6 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE SIGN ORDINANCE, TITLE 21, CHAPTER 21.41, AND THE SIGN CODE, TITLE 18, CHAPTER 18.20 OF THE CXTY OF CARLSBAD MUNICIPAL CODE TO ADD A PURPOSE AND INTENT SECTION, ADD/REVISE SIGN RELATED DEFINITIONS AND CREATE CLEAR AND COMPREHENSIVE SIGN STANDARDS FOR THE C-M, M AND P-M ZONES. CASE NAME: SIGN ORDINANCE AMENDMENT CASE NO.: ZCA 99-09 9 The City Council of the City of Carlsbad, California does ordain as follows: 10 SECTION 1: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended 11 by the addition of Section 2 1.41.005 to read as follows: 12 ’ 13 I - 14 15 16 17 18 19 20 21 1 22 23 24 21.41.005 Pumose and Intent The purpose and intent of the Sign Ordinance Amendment is to: A. Implement the City’s community design and safety standards as set forth in the General Plan; and B. Maintain and enhance the City’s appearance by regulating the design, character, location, number, type, quality of materials, size, color, illumination and maintenance of signs; and C. Protect and improve pedestrian and vehicular t&Kc safety by balancing the need for signs which facilitate the safe and smooth flow of traffic without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards; and D. Equitably distribute the privilege to communicate information for commercial and non-commercial purposes without regulating the content of the message conveyed; and E. Limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of such signs, while providing channels of communication to the public; and F. Minimize the possible adverse effects of signs on nearby public and private property; and G. Enable the fair, consistent, and efficient enforcement of these sign regulations. Non-commercial signage is permitted wherever other signage is permitted within Chapter 21.41 and is subject to the same standards and total maximum allowances for a site of each sign type specified in this Chapter. 25 26 SECTION 2: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.41.010(c) to read as follows: 27 ‘. 28 II . 1 2 3 4 5 6 7 8 9 IO- 11 12 13 - 14 15 16 17 ’ 18 19 20 21 22 23 24 25 26 ‘27 28 21.41.010(c). No person shall display, construct, erect, alter or relocate any sign without first obtaining a sign permit pursuant to this Chapter and Chapter 18.20 of the Carlsbad Municipal Code. SECTION 3: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.41.030(5) to read as follows: 2 1.4 1.030(5) ‘Average Grade” - means the average level of the finished surface of the ground beneatha monument sign. SECTION 4: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the addition of Subsection 2 1.41.030(8) to read as follows: 2 1.41.030(8) “Commercial Signage” - means any sign with wording, logo, or other representation that, directly or indirectly names, advertises or calls attention to a business, product, service, or other commercial activity. SECTION 5: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the addition of Subsection 2 1.41.030(g) to read as follows: 21.41.030(g) “Directional Sign” - means a sign which contains words such as “entrance,” “enter,” “exit,” “in, ” “out,” or other direction commands without business identification, or a sign containing arrows or characters indicating traffic directions and used either in conjunction with such words or separately. Directional signs shall not contain advertising. SECTION 6: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the addition of Subsection 2 1.4 1.030( 11) to read as follows: 21.41.030(11) “Fascia Sign” - means a sign fastened to or engraved in the band or board at the edge of a roof overhang. SECTION 7: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the addition of Subsection 2 1.41.030( 16) to read as follows: 21.41.030(16) ‘Monument Sign” - means a freestanding sign, which is supported by a base which rests upon the ground and is an integral part of the design. SECTION 8: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the addition of Subsection 2 1.41.030( 17) to read as follows: 2 1.4 1.030( 17) ‘Non-Commercial Signage” - means any sign which is intended to convey a non- commercial message of social, political, educational, religious or charitable commentary. -2- 3- 1 2 3 4 5 6 7 8 9 10, 11 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 9: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the addition of Subsection 21,41.030(20) to read as follows: 2 1.41.030(20) ‘Pole Sign” - means a freestanding sign supported by one or more metal or wood posts, pipes or other vertical supports. SECTION 10: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the amendment and renumbering of Subsection 2 1.4 1.030( 18) to read as follows: 21.41.030(23) “Sign Area” - is computed as follows: A. Wall, Fascia, Awning and Window Signs - Sign area shall be computed by measuring the smallest square, rectangle, triangle, circle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the message or display or otherwise used to differentiate the sign from the backdrop or structure against which it is placed but not including any supporting framework or bracing. B. Monument, and Suspended Signs - Sign area shall be computed by measuring the entire area contained within the fiame, cabinet, monument, monument base or fixture, including all ornamentation or decoration used to attract attention. C. Pole Signs - Sign area shall be computed as the area of the surface(s) upon which the sign message is placed provided tbat the supporting column is not decorated or displayed with advertising. D. Multifaced Signs - The sign area for a two sided or multifaced sign shall be computed by adding together the area of all sign faces, as described above. SECTION 11: That Title 2 1, Chapter 2 1.41 of the Carlsbad Municipal Code is amended by the amendment and renumbering of Subsection 21.41.030(11) to read as follows: 2 1.4 1.030(24) “Sign Height” means the following: A. Wall, Fascia, Awning, Suspended, Monument, Pole and Window Signs - is specified as the greatest vertical measurement from the top of the sign cabinet, including all ornamentation and supports, to the average grade beneath the sign. SECTION 12: That Title 21, Chapter 2 1.41 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.41.030(26) to read as follows: 2 1.41.030(26) “Suspended Sign” means a sign hung from the underside of marquees, pedestrian arcades or covered walkways at 90 degrees to the building wall or storefront. A sign suspended under a pedestrian walkway or fascia which is parallel to the building wall shall be considered as a wall or fascia sign. SECTION 13: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the addition of Section 2 1.41.065 to read as follow: -3- 4 1 I 21.41.065 General Sign Standards 2 3 4 5 6 7 8 9 10, 11 12. 13 The following sign standards shall apply to all signage within the City. A. Sign Area 1. Wall. Fascia. Awninn: and Window Signs - Sign area shall be computed by measuring the, smallest square, rectangle, triangle, circle or combination thereof, that will encompass the atreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the message or display or otherwise used to differentiate the sign from the backdrop or structure against which it is placed but not including any supporting framework or bracing. .2. Monument, and Susnended Signs - Sign area shall be computed by measuring the entire area contained within the frame, cabinet, monument, monument base or fixture, including all ornamentation or decoration used to attract attention. 3. Pole Signs - Sign area shall be computed as the area of the surface(s) upon which the sign message is placed provided that the supporting column is not decorated or displayed with advertising. 4. Multi-faced Signs - The sign area for a two sided or multi-faced sign shall be computed by adding together the area of all sign faces, as described above. B. Sign Height 1. Wall, Fascia. Awnina, Suspended, Monument, Pole and Window Signs - The height of wall, fascia, awning, suspended, monument, pole and window signs is specified as the greatest vertical measurement from the top of the sign cabinet, including all ornamentation and supports, to the average grade beneath the sign. 14 C. Placement of Signs - Commercial signs, except where specifically allowed elsewhere 15 in this Chapter, shall be placed on the lot of the use which the sign is intended to identify. Signs shall not be placed or overhang on public property nor within the public right-of-way unless 16 provided for elsewhere herein. 17 . D. Noncommercial signage is permitted wherever commercial signage is permitted 18 within Chapter 21.41 and is subject to the same standards and total maximum allowances per lot or building of each sign type specified in this Chapter. 19 SECTION 14: Th& Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended 20 21 22 23 by the amendment of Subsection 21.41.070(2) to read as follows: 21.41.070(2). Except for signs at freeway service facilities and real estate signs, the total area of all signs on any one lot or building shall not exceed the following: TABLE 1 - AREA OF SIGNS 24 25 26 27 ZONE OF LOT R-l, R-2, R-W, P-C with densities corre- sponding to R-A through R-2 TOTAL AREA OF ALL SIGNS. Two square feet 28 -4- II 19 20 21 22 23 24 25 26 27 28 R-3, R-P (Residential), R-T, R-D-M, P-C with Densities less restric- Tive than R-2, (except hotels and motels) Twenty square feet One square foot per lineal foot of building frontage located on the lot. The total area of all signs shall not exceed one hundred square feet except that the planning commission may approve up to one hun- dred fifty square feet of sign area as part of a site development plan pro- cessed p ursuant to chap- ter21.06. C-M, M and P-M Per Sections 2 1.41.070(4) and 2 1.41.070( 13) of this Chapter. All other zones One and five-tenths square feet per lineal foot of building frontage located on the lot. SECTION 15: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended by the amendment of Subsection 21:41.070(4)(C) to read as follows: 2 1.4 1.070(4)(C) C. Except for signs advertising new subdivisions, as mentioned in subparagraph (D) of this subsection, tbe total area of any real estate sign on a lot shall not exceed the areas mentioned in Table 3 below: TABLE 3 MAXIMUM REAL ESTATE SIGN ZONE OF LOT AREA PER LOT R-l, R-2, R-W, P-C with densities corre- sponding to R-A -5- 6 Three (3) square feet 2 R-3, R-P, R-T, P-C 3 with densities less restrictive than R-2 Twelve (12) square feet 4 5 6 7 C-M, M and P-M Fifteen (15) square feet Freeway service foci- lities regardless of zone and all other property Twenty-five (25) square feet 8 R SECTION 16: That Title 21, Chapter 21.4 1 of the Carlsbad Municipal Code is amended 9 by the addition of Subsection 2 1.41.070( 13) to read as follows: 10 11 12 13 - 14 15 16 17 18 19 i0 21 22 23 24 25 26 27 2 1.4 1.070( 13) Signs permitted for industrial, office and commercial uses in the C-M, M and P-M Zones. A. The sign standards codified in this Subsection supersede the following: 1. The sign and graphic requirements of all Specific Plans within the C-M and P-M zones; 2. Sign programs approved pursuant to the sign and graphic requirements of all Specific Plans within the C-M and P-M zones; and 3. The sign provisions for the C-M, M and P-M zoned properties that are located within Area 4 of the El Camino Corridor Development Standards. B. Freestanding Monument Signs 1. Other Standards: a. Freestanding Monument Signs shall be located near primary project entrances or at other strategic locations and shall include applicable building address (number and street) which are plainly visible from the street that the building or sign fronts on. b. Freestanding Monument Signs may be single or double-faced. c. *No monument sign shall be located within 100 feet of another monument sign for the same project. However, if more than one building shares a common driveway, then a maximum of two -6- 11 1 1: 1: - IA l! l( 1; . 11 1s 2c 21 22 23 24 25 26 ‘27 28 monument signs can be located along the common driveway, provide that the signs are located on the opposite sides of the driveway. d. Monument signs shall be designed to be compatible with other projec signage through the use of similar materials, colors and type styles. . -lz=@v- building, inchrding but not limited to construction materials, color scale, or other design features. C. Wall Signs 3 I t : L Of wdl Signs Per two / 24 inches two / 24 inches or three / 24 inches Maximum Lines of kxt Per Sign 2 2 2 a. Building elevations which f&it along or are within 500 feet of the right-of-way and visible from Interstate 5, Palomar Airport Road, or El Camino Real shall not have more than one (1) wall sign along those elevations. b. A building elevation must have a minimum of 150 l&al feet in order to have more than one (1) wall sign along that elevation. c. The minimum spacing between wall signs along an elevation shall not be less than 75 feet. d. The cumulative length of all wall sign(s) along any building elevation shall not exceed one-third (l/3) of the length of that same elevation. (i) Other Standards (a) Wall signs shall be designed to be compatible with other project signage through the use of similar materials, colors and typestyles. (b) Wall signs shall be compatible with the visual elements of the building, including but not limited to construction materials, color, scale, or other design features. -7- B , , 4 II 1: 1: 1: 1L 1: 1C l’i 18 19 20 21 22 23 24 25 26 27 28 (c) Illuminated wall signs shall be prohibited on building elevations which face and are within 500 feet of any property line which adjoins residentially zoned property. (d) No wall signage shall be allowed on any architectural projection, parapet or equipment enclosure and no wall siguage shall be allowed above the permitted building height for usable . floor area on-any building. (D) Minor Identification Signs 1. In addition to building wall sign(s) permitted pursuant to Section 21.41.070(13)(C), each industrial/office business that has a separate building entrance within an industrial/office building may be permitted a minor identification wall sign as follows: ’ Minor Identification Wall Signs - Industrial/Office Businesses Maximum Number of Wall Signs Per 1 Business Maximum Sign Area Per Sign 5 square feet Maximum Letter Height 6 inches Permitted Sign Directly above the Location business entrance. 2. In addition to building wall sign(s) permitted pursuant to Section 21.41.070(13)(C), each retail business that has a separate building entrance within a commercial building may be permitted minor identification signs as follows: Minor Identification Wall or Fascia Signs - Retail Businesses Maximum Number of Wall or Fascia Signs Per Ground Floor Retail Business* Maximum Sign Area Per Sign Maximum Letter Height Wall Sign Location Permitted Fascia Sign Location 1 20 square feet 18 inches Not permitted above the ceiling height elevation of the zround floor. Centered on fascia, directly above the business entrance. -8- 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 . Sign Orientation Oriented towards the parking area. * Minor Identification Wall or Fascia Signs are only permitted for ground floor retail businesses. 3. Minor Identification Suspended Signs - Retail Businesses Maximum Number of Minor Identification SuspendedSigns 1 Per Retail Business* Maximum Sign Area Per Sign Face 5 square feet Maximum Letter Height 8 inches Underside of Permitted Sign walkway overhang Location at 90 degrees to the retail business * Minor Identification Suspended Signs are permitted for ground floor, second floor and third floor retail businesses. 4. Other Standards (a) Minor Identification Wall/Fascia/Suspended signs shall be compatible with the visual elements of the building, including but not limited to construction materials, color, scale, or other design features. (b) Minor Identification Wall/Fascia/Suspended signs shall not be illuminated. E. Directional Signs - The City has an interest in ensuring tra& safety. To directly advance that interest, the following directional sign standards shall apply. of Directional Signs 1. other standards: (a) Directional signs shall be allowed as required for the facilitation of traffic internal to the site. -9- to 1 (b) Directional signs shall be designed to be compatible with other project . 2 signage through the use of similar materials, colors and type styles. 3 SECTION 17: That Title 21, Chapter 21.41 of the Carlsbad Municipal Code is amended 4 by the addition of Subsection 21.41.070( 1 l)(F) to read as follows: 5 21.41.070( 1 l)(F) Notwithstanding the above, industrial, office and commercial uses 6 located in tbe C-M, M and P-M Zones are subject to the sign provisions of Subsection 7 2 1.41.070(13) of this chapter. 8 SECTION 18: That Title 18, Chapter 18.20 of the Carlsbad Municipal Code is amended 9: lo- ll 12 13 14 15 16 17 18 by the amendment of Subsection 18.20.025(4) to read as follows: 18.20.025(4) “Sign Area” - is computed as follows: A. Wall, Fascia, Awning and Window Signs - Sign area shall be computed by measuring the smallest square, rectangle, triangle, circle.or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any materid or color forming an integral part of the background of the message or display or otherwise used to differentiate the sign from the backdrop or structure against which it is placed but not including any supporting framework or bracing. B. Monument, and Suspended Signs - Sign area shall be computed by measuring the entire area contained within the fiame, cabinet, monument, monument base or fixture, including all ornamentation or decoration used to attract attention. C. Pole Signs - Sign area shall be computed as the area of the surface(s) upon which the sign message is placed provided that the supporting column is not decorated or displayed with advertising. D. Multifaced Signs - The sign area for a two sided or multifaced sign shall be computed by adding together the area of all sign faces, as described above. 19 20 SECTION 19: That Title 18, Chapter 18.20 of the Carlsbad Municipal Code is amended 21 22 23 by the addition of Subsection 18.20.025(5) to read as follows : 1 g-20.025(5) “Sign Height” means the following: B. Wall, Fascia, Awning, Suspended, Monument, Pole and Window Signs - is specified as the greatest vertical measurement fkom the top of the sign cabinet, including all 24 ornamentation and supports, to the average grade beneath the sign. 25 26 EFFECTIVE DATE: ,This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at 27 28 II -lO- I 1 1 1 1 11 I’ 1: l! 2( 2: 2; 2: 24 25 26 27 28 least once in a publication of general circulation in the City of Carlsbad within fifteen days afier its adoption, except in the Coastal Zone where it becomes effective upon certification by tl California Coastal Commission. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Ci Council held on the 13th &yof February ,2001, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on tl 6th hyof March ,2001, by the following vote, to wit: AYES: NOES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. None. ABSENT: None. ATTEST: ORRNNE M. W&D, City Clerk (SEW -1 I- , /d, . RANDAL R. MORRISON July 12,2001 ATTORNEY & LEGAL CONSULTANT - SIGN REGULATION Ron Ball, City Attorney Jane Mobaldi, Assistant City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Carlsbad ‘s new sign ordinance Dear Mr. Ball and Ms. Mobaldi: _- ,I_ .: ,. ,‘.X. ‘i, I am encouraged to learn that Carlsbad is proceeding cautiously on its sign ordinance project. The involvement of citizens representing the various interest groups speaks well of the Council’s goal of reaching an appropriate balance on important policy issues. Sign regulation has been a special focus of my practice for about four years. That interest grew out of my 12 years of public sector work in land use, planning and zoning, and environmental law, plus an abiding interest in First Amendment principles, which traces to my first career as a broadcaster. My website, www.sipnlaw.com, is the premier information source on current and new developments in sign regulation. I wrote a monograph on Municipal Regulation of Political Signs, which has been distributed to city attorneys in virtually every state. The American Planning Association, the nation’s largest group of professional planners, invited me to write their “friend of the court” brief in the U.S. Supreme Court’s recent sign case, Lorillard Tobacco v. Reilly. Although the high court’s June 28,200l decision went against the government on tobacco signs, it was a victory for the government on the point of primary concern to planners, namely reaffirmation of the “Central Hudson” test for constitutionality of restrictions on commercial speech (advertising). The American Bar Association invited me to write the sign regulation chapter of their upcoming volume on land use regulation and free speech, which is scheduled for publication this fall. I was a consultant to the City of Lemon Grove on their sign ordinance revision project. My current litigation work includes three billboard cases for Riverside County. I wrote all the briefs for Carlsbad and the other dissenting cities in the solid waste dispute a few years ago. On sign regulation matters, my professional fee is $160/ hour, with travel time at half rate. I would be happy to assist the Carlsbad City Council, Planning Commission, legal staff, and your citizens commission, as requested, complete the sign ordinance revision project. RRM:ms Mail: PO Box 421318, San Diego CA 92142-1318 . Phone: 877.744.6002 l website: www.signlaw.com 9 email: rm@signlaw.com Fax: 877.744.6004 RANDAL R. MORRISON ATTORNEYANDLEGALCONSULTANT-SIGNREGULATION Experience Court Admissions Renorted Cases Publications Leeal Education Pre-Law Education References 1986-2001 Civil Litigation and Municipal Law Land use regulation, First Amendment, business litigation, law of local government. Since 1997: focus on sign regulation, including constitutional review, drafting and revising of sign ordinances, and litigation of sign-related disputes State Bar of California (1986); U.S. District Court (1986); Bar of the Supreme Court of the United States (2001) Lorillard Tobacco v. Reilly, 2001 U.S. Lexis 4911 (U.S. Supreme Court, June 282001) ( amicus brief for American Planning Association); City of Santee v. Superior Court @MR), 228 CalApp3d 713 (1991), In Re Richard White, 186 BR 700 (1995) (gth C’ u-c. BAP); Cities of Carlsbad etc. v. San Diego Solid Waste Authority, 1996 US Dist Lexis 21232 (USDC SDCA). Sign Regulation chapter of “Free Speech and Land Use Regulation” (Professor Daniel Mandelker, editor; American Bar Association, Chicago; set for publication fall 2001) Sign Regulation Bulletin (newsletter) Municipal Regulation of Political Signs (monograph) Signlaw.com (internet website) JD with distinction, 1986 University of the Pacific, McGeorge School of Law, Sacramento CA Order of the Coif Traynor Honor Society Top Oralist, National Moot Court Competition BS Business Administration (self-designed emphasis: mass media management) 1982 Utah State University, Logan UT Gloria S. McLean, City Attorney, Lemon Grove CA 619.697.3242 Glenn Sabine, City Attorney, La Mesa and Encinitas CA 619.421.2559 Joe S. Rank, Assistant County Counsel, Riverside County CA 909.955.6300 Mail: PO Box 421318, San Diego CA 92142-1318 l Phone: 877.744.6002 l Fax: 877.744.6004 website: www.signlaw.com l email: rm@signlaw.com 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING AND REENACTING THE SIGN ORDINANCE, TITLE 2 1, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE TO COMPLY WITH CURRENT CONSTITUTIONAL CASE LAW AND TO CLARIFY THE ORDINANCE. CASE NAME: COMPREHENSIVE SIGN ORDINANCE CASE NO.: ZCA OO-04/LCPA 00-07 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That title 2 1, Chapter 21.41 of the Carlsbad Municipal Code is repealed and reenacted to read as follows: 21.41.005 Purpose 21.41.010 Applicability 21.41.020 Definitions 21.41.030 Prohibited Signs 21.41.040 Signs Not Requiring A Sign Permit 21.41.050 Application and Permit Procedures 21.41.060 Sign Programs 21.41.070 General Sign Standards 21,41.080 Sign Design Standards 21.41.090 Coastal Zone Sign Standards 21.41.095 Permitted Permanent Signs 21.41.100 Permitted Temporary Signs 21.41.110 Construction and Maintenance 21.41.120 Removal of Signs 21.41.125 Appeal of Denial or Revocation 21.41.130 Non-Conforming Signs 21.41.140 Remedies and Penalties 21.41.150 Violations 21.41.160 Severability “CHAPTER 2 1.4 1” SIGN ORDINANCE 21.41.05 Pm-nose The purpose of this Sign Ordinance is to: A. Implement the City’s community design and safety standards as set forth in the General Plan; and B. Maintain and enhance the City’s appearance by regulating the design, character, location, number, type, quality of materials, size, color, illumination and maintenance of signs; and C. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic (i.e.; traffic directional signs) without 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 an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards; and D. Eliminate the traffic safety hazards to pedestrians and motorists posed by billboards. E. Limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public; and F. Allow the communication of information for commercial and non-commercial purposes without regulating the content of the message conveyed; and G. Recognize the need for additional avenues for political expression immediately prior to national, state and local governmental elections; and H. Minimize the possible adverse effects of signs on nearby public and private property. 21.41.010 Annlicabilitv The provisions of this chapter shall apply generally to all zones established by this Title, and to properties and uses in the Village Redevelopment (VR) Zone unless otherwise regulated by the sign standards of the Carlsbad Village Redevelopment Master Plan and Design Manual. In those areas of the City where there are Specific Plan sign standards or sign programs adopted by ordinance as special zoning regulations, those sign standards or sign programs shall apply. All other sign programs (not adopted by ordinance) that were approved prior to the effective date of this amended ordinance are not subject to the provisions of this ordinance, except that if any such sign program is proposed for amendment to increase overall signage allowed, then the sign program must be amended to conform with all development and design standards of this Chapter. Except as noted in the preceding paragraph, a sign may be erected, placed, established, created or maintained in Carlsbad only in conformance with the standards, procedures and other requirements of this Ordinance. The number and size of signs regulated in this Ordinance are maximum standards unless otherwise stated. 21.41.020 Definitions (1) Abandoned Sign - means any sign located on property that (a) becomes vacant or unoccupied, or (b) which pertains to any occupant or business unrelated to the premises’ present occupant or business, or (c) which pertains to a time, event or purpose which no longer applies. (2) Abate - means to put an end to and physically remove. Discontinuance of sign without removal shall not constitute abatement. (3) Address Sign - means the identification of the location of a building or use on a street by a number(s). (4) A-Frame Sign - means a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter “A”. Such signs are designed to be portable and are not affixed to any object, structure or the ground. (5) Animated Sign - means any sign with action or motion or color changes whether or not requiring electrical energy or set in motion by wind. This definition excludes flags. (6) Attraction Board - means a sign capable of supporting copy which is readily changeable without the use of tools, such as theater marquee, and which refers to products, services or coming events on the premises. -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 (7) Average Grade - means the average level of the finished surface of the ground directly beneath a monument or pole sign. (8) Awning Sign - means a sign that is a part of or attached to an awning, canopy, or other fabric, metal, plastic or structural protective cover over a door, entrance, window, architectural feature or outdoors service area. A marquee is not an awning or canopy. (9) Balloon, Inflatable Signs, or Inflatable Attention-Getting Devices - means any air or gas tilled device located, attached or tethered to the ground, site, merchandise, building, or roof and used for the purposes of signage, advertising or attention getting. (10) Banner - means any sign made of cloth, lightweight fabric, bunting, plastic, vinyl, paper or similar material that is permanently or temporarily placed on, or affixed to, real property in a location where it is visible to the public from outside of the building or structure. A flag, as defined, shall not be considered a banner. (11) Beacon - means a stationary or revolving light (including laser lights) with one or more beams projected into the atmosphere or directed at one or more points away from the light source. (12) Bench Sign - means a sign painted on or affixed to any portion of a bench or seating area at bus stops or other such pedestrian areas. (13) Billboard - means an off-site sign placed for the purpose of advertising products, accommodations, services or activities that are not provided on the premises on which the sign is located. (14) Building Frontage -means the total width of the elevation of a building which fronts on a public or private street m the building elevation along which the main entrance exists. For the purposes of calculating permitted sign area, every building has only one building frontage. If more than one business is located in a single building, then such area shall be limited to that portion which is occupied by each individual business. (15) Building Marker - means a sign cut into a masonry surface or made of bronze or similar material permanently affixed to a public building or building of designated historic significance. (16) Canopy Sign - See definition of “Awning Sign.” (17) Changeable Copy Sign - means a sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. (18) Channel Lettered Signs - signs with individually cut, three-dimensional letters or figures affixed to a building or sign structure. (19) Commercial Center - means a commercial development that includes predominantly retail businesses with access driveways or parking spaces shared by one or more of the businesses. (20) Commercial Signage - means any sign with wording, logo, or other representation that, directly or indirectly names, advertises or calls attention to a business, product, service, or other commercial activity. (21) Construction Sign - means a temporary sign on real property on which construction of new improvements is occurring. (22) Directional Sign - means an on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site. (23) Directory Sign - means a sign listing the persons, activities or tenants located on- site. (24) Eave line - means the bottom of the roof eave or parapet. (25) Electronic Message Board Sign - means a sign with a fixed or changing display composed of a series of lights light emitting diode (LED), or liquid crystal display (LCD). -3- 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 (26) Externally Illuminated - means illuminated by a light source that is located externally to the sign surface. This method of lighting may include, but is not limited to, spotlighting or backlighting. (27) Fascia Sign - means a sign fastened to or engraved in the band or board at the edge of a roof overhang. (28) Flag - a device, generally made of flexible materials such as cloth, paper or plastic, and usually used as a symbol of a government, political subdivision public agency or corporation. (29) Freestanding Commercial Building - means a building occupied by a single user retail business that has direct vehicular access to an adjacent street. (30) Freestanding Sign - means a sign supported upon the ground and not attached to any building. This definition includes monument signs and pole signs. (3 1) Freeway Service Station - means a gas/service station located on a property that is contiguous to a freeway interchange. (32) Internally Illuminated - means the illumination of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gasses within translucent tubing incorporated onto or into the sign face. (33) Logo - means a trademark or symbol of an organization. (34) Marquee - means a permanent roof-like structure attached to and supported by a building and projecting over private sidewalks or right-of-way. (35) Master Plan - means a plan prepared and adopted pursuant to Chapter 21.38 of the Carlsbad Municipal Code. (36) Monument Sign - means a freestanding sign, which is supported by a base that rests upon the ground and is an integral part of the design. (37) Multi-Face Sign - means a sign displaying information on at least two surfaces, each having a different orientation. (38) Multi-Tenant Building - means a building in which there exists two or more separate tenants or businesses. (39) Neon Sign - means a sign that utilizes neon or other gases within translucent tubing in or on any part of the sign structure. (40) Non-Commercial Signage - means any sign which is intended to convey a non- commercial message including social, political, educational, religious or charitable commentary, (41) Nonconforming Sign - means any permanent or temporary sign which was legally established in conformance with all applicable laws in effect at the time of original installation but which does not conform to the existing requirements of this chapter. (42) Off-Site Sign - means any sign that gives directions to or identifies a use, product or activity not located or available on the same premises as the sign. (43) Pennant - means a lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. (44) Permanent Sign - means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building. (45) Pole Sign - means a freestanding sign supported by one or more vertical supports. (46) Portable Sign - means a sign made of any material, which, by its design, is readily movable, including, but not limited to, signs on wheels, casters and rollers, “A-Frame” signs and -4- 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 signs attached to vehicles or trailers, except as allowed in Section 21.41.040 and 21.41 .lOO of this chapter. (47) Prohibited Sign - means any sign that is specifically not permitted by this chapter or was erected without complying with the regulations of this chapter in effect at the time of its construction, execution or use. (48) Regional Commercial Center - means a commercial development located upon a property with a Regional Commercial general plan designation and having the following characteristics: project site area between 30 and 100 acres, gross lease area between 300,000 and 1,500,OOO square feet, major tenants may include full-line department stores (2 or more), factory outlet center, power center of several high volume specialty stores, warehouse club stores or automobile dealerships, secondary tenants may include a full range of specialty retail, restaurants and entertainment. (49) Right-of-Way - means an area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both. (50) Roof Sign - a sign erected and constructed wholly or in part upon, against or above the roof of a building. For purposes of this ordinance, any portion of a building above or behind the fascia or parapet of a building shall be considered part of the roof. (51) Sign - any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, identify a person, product, service or entity or to communicate information of any kind to the public, with the exception of the following: it: Any public or legal notice required by a court or public agency. Decorative or architectural features of buildings, except letters, trademarks or moving parts. C. Holiday decorations and lights, clearly incidental to and customarily associated with holidays. (52) Sign Area - is computed as follows: a. Wall, Retaining Wall, Fascia, Awning, Window and Landscape/Hardscape Feature Signs - sign area shall be computed by measuring the smallest square, rectangle, triangle, circle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the message or display or otherwise used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing. b. Monument, and Suspended Signs - sign area shall be computed by measuring the entire area contained within the frame, cabinet, monument, monument base or fixture. C. Pole Signs - sign area shall be computed as the area of the surface(s) upon which the sign message is placed including the supporting column(s) if decorated or displayed with advertising. d. Multi-faced Signs - the sign area for a two sided or multi-faced sign shall be computed by adding together the area of all sign faces, as described above, visible from any one point. When two sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same structure, the sign area shall be computed by the measurement of one of the faces. In the case of a sign of spherical or cylindrical shape, the area of the sign shall be one-half (l/2) of the surface area. (53) Sign Height - means the following: -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Wall, Retaining Wall, Fascia, Awning, Suspended, Monument, Pole and Window Signs - is specified as the greatest vertical measurement from the top of the sign cabinet, including all ornamentation and supports, to the average grade beneath the sign. (54) Sign Permit - means an entitlement from the City to place or erect a sign. (55) Sign Program - a plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement. (56) Site Development Plan - means a plan required pursuant to Chapter 21.06 of the Carlsbad Municipal Code. This plan should be prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and principal site development features (i.e., vehicular and pedestrian access, parking and improvements). (57) Specific Plan - means a plan prepared and adopted pursuant to Section 65451 of the California Government Code. (58) Street Frontage - means the distance along which a lot line adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street. A development project containing more than one lot along a street shall be considered to have only one street frontage on that street. Comer lots have at least two street fronts. (59) Suspended Sign - means a sign hung from the underside of marquees, pedestrian arcades or covered walkways usually at 90 degrees to the building wall or storefront. A sign suspended under a pedestrian walkway or fascia, which is parallel to the building wall, shall be considered as a wall or fascia sign. (60) Temporary Seasonal Sales Permit - means a permit to allow out-door seasonal and holiday sales, including but not limited to, Christmas trees, pumpkins and flowers on private property. (61) Temporary Sign - means a sign, including paper, cardboard and fabric sign, which is used for a limited period of time and is not permanently mounted. (62) Unsafe Sign - means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property. (63) Wall Sign - means a sign attached to a wall surface that does not project more than ten (10) inches from the wall, which is confined within the limits of an outside wall and which displays only one sign surface. (64) Window Sign - any sign painted or affixed to the inside or outside of a window surface, or otherwise so located within a building so as to be visible from the exterior of the building. 21.41.030 Prohibited Signs The following signs, as defined in this chapter, are prohibited in all zones of the City: (1) Abandoned signs, including their structures and supports; (2) A-frame signs; (3) Animated signs, including but not limited to signs that move, blink, flash, change color, reflect, revolve, or make noise; (4) Balloons or other inflatable signs or devices; (5) Beacons, excluding searchlights associated with search and rescue; (6) Billboards, off-site commercial signs, and other signs that give directions to or identify a use or product not sold or located on the same premises as the sign; (7) Bus stop bench/shelter signs; (8) Chalkboards, blackboards; (9) Electronic message board signs; (10) Exposed neon lighted signs; -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (11) Hand held or sandwich board signs carried by a person on public property or in the public right-of-way and used exclusively for advertising or directing one to a commercial business. (12) Pole signs over eight (8) feet in height; except as indicated in Section 21.41.095 for Regional Commercial Centers, Theatres and Cinemas and Freeway Service Stations; (13) Portable signs; except for temporary signs as indicated in Sections 21.41.040 and 21.41.100. (14) Roof signs; (15) Signs attached to trees, plants, rocks, fences, utility poles/cabinets, or other objects, the primary function of which is not to support a sign; (16) Signs blocking doors or fire escapes; (17) Signs erected on or over public property including public easements and public rights-of-way, except those needed for traffic and public safety regulation as indicated in Section 21.41.070 C; (18) Signs installed without property owner permission; (19) Signs simulating in color or design a traffic sign or signal, or using words, symbols or characters in such a manner as to be reasonably likely to interfere with, mislead, or confuse pedestrian or vehicular traffic; (20) Signs that don’t conform with Uniform Building Code and National Electric Code regulations; (21) Temporary signs, including but not limited to banners and pennants, except as provided for in Sections 21.41.040 and 2 1.41.100; 21.41.040 Signs Not Requiring A Sign Permit The signs listed in Table A do not require a sign permit, nor shall their area and number be included in the permitted sign area or number of signs permitted per type of development. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill -7- 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 TYPE OF SIGN TrafIic control, directional or warning signs erected or required by government agencies. Address Sign Wall 1 per building Building Markers Freestanding/Wall Signs located in the interior of any building which are located to be viewed exclusively from within such building. Signs on Residential Property. Window Signs located in Commercial Centers and Freestanding Commercial Buildings. Single Dwelling Unit or Condominium - Unit - Property which is For Rent, Sale or Lease TABLE A OF SIGNS Freestandingl . Wall/Eknner Freestanding or 2 per dwelling Window unit Window Freestanding sign displayed on the owner’s real property or real property owned by others with their consent (Pursuant to California Civil Code section 713). -8- A SIGN PE MAXIMUM SIGN AREA PER SIGN 6 SF 3 SF Total copy area shall not exceed 25% of the window area. 4 SF MIT MAXIMUM SIGN/LETTER HEIGHT The minimum number height shall be: Residential - 4” and Nonresidential - 6” 5 feet above average grade 7 feet above average grade / 6 inches 5 feet above average grade. REMARKS l.Maynotbe illuminated. 2. Must be located on the residential property. I. Fluorescent, neon or “day- glow” colors are prohibited. Shall be removed from the building or property within fifteen (15) days after the sale, rental or lease. 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 TYPE OF SIGN PLACEMENT Non-Commercial Signs During Campaign Periods Flags Pole Temporary signs attached to parked or stationary vehicles visible from the public right-of-way Signs permanently attached to or painted on vehicles, with non- changeable copy, used in the day-to-day operations of a business. Freestanding [nside windows MAXIMUM NUMBER OF SIGNS ? 3 flags per Non-Residential Building or Occupied Dwelling Unit, 2 per vehicle MAXIMUM SIGN AREA PER SIGN 8 SF per residential lot I6 SF per non- residential lot Maximum Flag Dimension - 8 feet 10-X 12” MAXIMUM SIGN/LETTER HEIGHT 5 feet above average grade or 3.5 feet above average grade if in the front yard. 35 feet or the height of the tallest legally permitted structure existing on the premises. REMARKS I. Maybe located on any private property, provided that the owner, lessee or other person exercising control of such Property has given prior consent. 2. May not be erected, or placed, by any person prior to 45 days preceding any federal, state or local election and shall be removed, by the person placing or erecting such sign within ten (10) days following such election. No limitation if sign not visible from public right-of-way 21.41.050 Application and Permit Procedures A. Sinn Permit Required. It shall be unlawtil for any natural person, firm, limited liability company, corporation or other legal entity to place, erect, suspend, attach, construct, modify, alter, change sign copy or sign face, or move, any temporary or permanent sign within the City (excluding signs listed in Section 21.41.040) without first obtaining a sign permit in accordance with the provisions of this section. 1. A sign permit shall not be required for cleaning, or other normal maintenance of an existing sign, unless a structural or electrical change is made. -9- 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. Application for Permit. The application for a sign permit shall be made in writing on the form provided by the Planning Department and shall be accompanied by the required fee. Such application shall set forth and contain the following information: 1. A drawing to scale showing the design of the sign, including dimensions, sign size, colors, materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed, or to which it relates. 2. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points, and existing buildings or structures and off-street parking areas located on the premises. 3. The number, size, type and location of all existing signs on the same building, lot or premises. 4. Any structural information and plans necessary to ensure compliance with the latest adopted Building Code. C. Fees. All signs require a sign permit fee and plan checking fee (if applicable) that shall be paid in accordance with the schedule established by Resolution of the City Council. D. Method of Review. The purpose of a sign permit is to ensure compliance with the provisions of this chapter and the relevant building codes. After receipt of a complete sign application, the Community Development Director or his designee shall render a decision to approve, approve with modifications or deny such sign application within 15 days. No sign application shall be approved unless and until the findings in Subsection 21.41.050 (E) are made. E. Findings. 1. The proposed sign conforms to all size, height and other standards for permitted signs as set forth within Carlsbad Municipal Code Sections 21.41.070, 21.41.080, 21.41.090,21.41.095 and 21.41.100. 2. The proposed sign is consistent with any applicable sign program. 3. That the sign conforms to the structural standards in the latest adopted building code. F. Revocation of Permit. The Community Development Director shall revoke any permit issued by him upon refusal of the holder thereof to comply with the provisions of this chapter. If the work authorized under a sign permit has not been completed within six months after the date of issuance, such permit shall become null and void. 21.41.060 Sign Programs A. The purpose of a Sign Program is to integrate signs with building, site and Purpose. -lO- 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 landscaping design to form a unified architectural statement. The Sign Program is not intended to supersede dimensional requirements for those provided in Tables “A”, “B” and “C” of Sections 21.41.040,21.41.095 and 21.41.100. B. Applicability. A sign permit for a sign program shall be required for: 1) Master Plans, 2) Specific Plans, 3) non-residential projects requiring a Site Development Plan processed pursuant to Chapter 21.06 of the Carlsbad Municipal Code and 4) Planned Industrial or Office parks of greater than 25 acres in area. For those projects requiring a sign program, no sign permit shall be issued for an individual sign, unless and until a Sign Program for the lot or building on which the sign is proposed to be erected has been approved by the City in conformance with this ordinance. C. Application Requirements. The sign permit application for a sign program shall be made in writing on the form provided by the Planning Department. The application shall be accompanied by the required fee. Such application shall contain the following information: 1. A copy of an approved development plan (Master Plan, Specific Plan or site development plan) drawn to scale showing the location of property lines, rights- of-way, adjacent streets, sidewalks, and on-site buildings, landscaped areas, off- street parking areas and vehicular access points. 2. A drawing to scale showing the design of each sign, including dimensions (height and width), sign size (area), colors, materials, method of attachment, source of illumination and location of each sign on any building, structure or property. 3. Computation of the total number of signs, sign area for individual signs, total sign area and height of signs for each existing and proposed sign type. 4. A materials board or sign sample that is an accurate representation of proposed colors, material and style of copy. 5. The number, size, type and location of all existing signs on the same building, lot or premises. D. Method of Review. After receipt of a complete application for a sign program, the Community Development Director, or his designee, shall render a decision to approve, approve with modifications or deny such sign program application within 30 days. The decision of the Community Development Director is final. No sign application for a sign program shall be approved unless and until the findings in Subsection 2 1.41.050 (E) are made. E. Existing Sign Programs. Existing sign programs approved prior to the effective date of this amended ordinance are not subject to the provisions of this ordinance, except that if any existing sign program is proposed for amendment to increase overall signage allowed then the sign program must be amended to conform with all development and design -ll- 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 standards of this Chapter. F. Amendments. An amendment to a sign program shall be processed in the same manner as an original application for a sign program. G. Binding Effect. After approval of a Sign Program, no sign shall be erected, constructed, installed, displayed, altered, placed or maintained except in conformance with such program. 21.41.070 General Sian Standards The following sign standards shall apply to all signage within the City. A. B. C. D. E. Sign Area - See definition of “Sign Area” for methodology for computing. Sign Height - See definition of “Sign Height” for methodology for measuring. Signs In The Public Right-Of-Way - No signs shall be allowed in the public right-of-way nor placed or overhang on public property except for the following: 1. Public signs erected by or on behalf of a governmental body to regulate pedestrian or vehicular traffic or identify public property. 2. Signs for Special Events in the public right-of-way with a Special Events Permit (Pursuant to Chapter 8.17 of the Carlsbad Municipal Code). 3. Emergency warning signs erected by a government agency, a utility company, or a contractor doing authorized or permitted work within the public right-of-way. 4. Informational signs of a utility regarding its poles, lines, pipes or facilities. 5. Bus stop signs erected by a public transit company or authorized transit service. Placement of Signs - Commercial signs shall be placed on the property of the use for which the sign is intended to identify. Non-Commercial Signs - Non-commercial signage is permitted wherever commercial signage is permitted within Chapter 21.41 and is subject to the same standards and total maximum allowances per lot or building of each sign type specified in this Chapter. 21.41.080 Sign Design Standards Each permanent approved sign shall meet the following design standards. A. Sign colors shall be harmonious with the colors used for the buildings and the Colors. project as a whole. With the exception of logos or trademarked signs, all permanent signs shall contain no more than three (3) different colors in addition to black or white. Fluorescent, “day-glo”, and similar colors shall not be used. -12- 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. C. D. E. F. G. H. I. Materials. All permanent signs shall be constructed of durable materials, which are compatible in kind and/or appearance to the building supporting or identified by the sign. Such materials may include, but are not limited to: ceramic tile, sandblasted, hand carved or routed wood, individual channel letters and concrete, stucco or stone monument signs with recessed or raised lettering. Plastic-Faced Signs. Plastic faced signs shall not be used, except for individually- mounted channel letters or opaque background signs which give the appearance of individual channel letters or changeable copy signs. Relationship to Buildings. Each sign located upon a lot or project site with more than one (1) main building, such as a commercial, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings. Relationship to Other Signs. Where there is more than one (1) sign on a lot, building or project site, all signs shall have designs which are well related to each other by the similar treatment or incorporation of the following design elements: 1. Type of construction materials. 2. Sign/letter color and style of copy. 3. Method used for supporting sign (wall or ground base). 4. Sign cabinet or other configuration of sign area. 5. Illumination. 6. Location. Relationship to Streets. Signs shall be designed and located so as not to interfere with the unobstructed clear view of the public right-of-way of any pedestrian, bicyclist or motor vehicle driver. Sight Distance. No sign or sign structure shall be placed or constructed so that it impairs the sight distance requirements at any public or private street intersection or driveway. Sign Illumination. 1. General Limitation. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties. Externally illuminated signs shall be lighted by screened or hidden light sources. 2. Free-Standing and Building-Mounted Signs. Free-standing and building-mounted signs shall be externally illuminated except for individually-mounted channel letters, opaque background signs which give the appearance of individual channel letters and changeable copy signs. 3. Neon. Exposed neon lighting for signs is not permitted within the City. Logos and Graphics. Corporate logos and graphics may be used in conjunction with wall, monument and pole signs, if the design of the logo provides for individual channel- type construction and such logo is harmonious in scale, materials and colors with project -13- 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 buildings. All copy and graphics within the logo shall be individual letters or forms. ~ J. Landscaping. Each monument and pole sign shall include landscaping around the base of the sign, at a minimum ratio of two (2) square feet for every one (1) square foot of sign area, so as to protect the sign from vehicles, improve the appearance of the installation and screen light fixtures and other appurtenances. 21.40 90 COASTAL ZONE SIGN STANDARDS The following sign restrictions apply to properties in the coastal zone except the Agua Hedionda Lagoon and village redevelopment segments. If there is a conflict between the coastal zone sign standards of this section and any regulations of this chapter, the standards of this section shall prevail. Otherwise, within the coastal zone, the sign regulations of this chapter shall apply. A. Each business shall be entitled to one facade sign. B. Each shopping complex shall have only one directory sign not to exceed fourteen feet in height, including mounding. C. Monument sign height including mounding shall not exceed eight feet and shall apply where three or fewer commercial establishments exist on a parcel. D. Tall freestanding and roof signs shall not be allowed. E. Off-premises signs shall not be allowed. 21.41.095 PERMITTED PERMANENT SIGNS Table B provides a listing of all permanent signs permitted for each type of development and/or corresponding zones with a sign permit. In addition to the type of sign permitted, Table B provides the maximum number, maximum sign area per sign, maximum sign height and letter height, permitted location and other provisions. TABLE B PERMANENT SIGNS PERMITTED BY TYPE OF DEVELOPMENT AND ZONE WITH A SIGN PERMIT TYPE OF TYPE OF MAXIMUM MAXIMUM MAXIMUM LOCATION REMARKS DEVELOPMENT SIGN NUMBER SIGN AREA SIGN/LETTE AND OR ZONE OF SIGNS PER SIGN R HEIGHT Single Family See Section Residential Lots 21.41.100 Temporary Signs See Section 21.41.040- Signs Not , Requiring a , -14- 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Apartment Projects and Mobile-home Freestanding Community/ Project Identity Sign (:“““i” > 25 dwelling units - 35 SF (See #l below) I 1 5 feet above average grade I lo” entrance. Commercial Centers and Freestanding Commercial Directory Signs 1 per entrance Signs are to be - Wall to a building located and Mounted or or project oriented to Freestanding direct visitors upon entry into the project or building. Monument 1 per street 50 SF (See #1 6 feet above Primary frontage below) average grade driveway I 15” entrance. 6 SF 4 feet above average grade r / 6” -15 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 TYPE OF DEVELOPMENT AND OR ZONE Drive-Thru Facilities Regional Commercial Centers TYPE OF DEVELOPMENT AND OR ZONE 3ffrce, Industrial and Retail uses in the R- P, 0, C-M, P-M, and M zones ** TYPE OF SIGN Wall or Fascia or Awning Signs Suspended Directional Sign * Wall or Monument Reader Board Pole TYPE OF SIGN Monument MAXIMUM NUMBER OF SIGNS Commercial Center I Freestanding Commercial Building Commercial Center - 1 per Business 3per driveway entrance Restaurants - 2 per business Other Drive- thru Facilities -1per business 1 per center 150 SF per 35 feet above sign average grade MAXIMUM MAXIMUM MAXIMUM NUMBER OF SIGN AREA SIGN/LETTE SIGNS PER SIGN R HEIGHT 1 per lot MAXIMUM SIGN AREA PER SIGN 1. Total sign area shall not exceed 1 SF per each lineal foot of building frontage MAXIMUM SIGN/LETTE R HEIGHT Varies I Tenant Leased Space: ~3,500 SF- 24" 2. The width of any sign shall not exceed 75% of the width of the building frontage or lease space to which the sign pertains. 3,500- 10,000 SF - 30" 10,001 - 50,000 SF - 36" >50,000 SF- 48" Varies I 5 SF Varies I 8” 6 SF per sign 16 SF per sign 50 SF (See #l below) -16- 4 feet above average grade I 6" 5 feet above average grade 16” 5 feet above average grade ’ 12” LOCATION REMARKS 1. Wall Signs - Below eaveline. Not allowed on any parapet or equipment enclosure. 2. Fascia Sign -Centered on Fascia. 3 .Awning Sign - Over doors or windows. (See #4 below) Underside of walkway overhang at 90 degrees to the business. May not be illuminated. Should be located to facilitate traffic internal to the site. Near primary project entrance. LOCATION Near primary project :ntrances or at ather strategic locations. Reader boards are allowed in addition to other signs permitted for Freestanding Commercial Buildings. Pole sign is allowed in addition to other signs permitted for Commercial Centers. REMARKS 1. Must include building address. 2.(see#5 below) 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 Building < 35,000 SF in area Building 35,000 SF - 60,000 SF in area Building > 60,000 SF in area Ground Floor Retail Business with a separate building entrance in a multi- tenant building located in the R-P, 0, C-M, P-M and M zones. Retail Business with a separate building entrance in a multi- tenant building located in the R-P, 0, C-M, P-M and M Directional Signs Wall Wall Wall Wall or Fascia Sign Suspended Sign I 3 per driveway entrance l/building or 21 building (See #2 below) l/ building or 21 building or 31 building (See #3 below) I per business 20 SF Varies / 18” 1 per business 5 SF Varies I 8” 4 feet above average grade 16” 50 SF Varies 124” 50 SF 50 SF Varies / 36” Varies 124” Varies I36” Varies I 24” Varies 124” Should be located to facilitate traffic internal to the site. Below eaveline. Not allowed on aY architectural projection, parapet or equipment enclosure. Below eaveline. Not allowed on mY architectural projection, parapet or equipment enclosure. Below eaveline. Not allowed on mY architectural projection, parapet or equipment enclosure. I. Wall Sign - Not permitted above the plate height elevation of the ground floor. 2. Fascia Sign - Centered on fascia, directly above business entrance. Underside of walkway overhang at 90 degrees to the retail business. (see #6 below) (see #6 below) (see #6 below) 1. Mustbe oriented towards the parking area. 2. May not be illuminated. May not be illuminated. -17- 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 Professional Care Facility Resort Hotels I= TYPE OF SIGN Freestanding Sign Monument Wall or Fascia Directional Monument Directional Monument Wall Directional MAXIMUM NUMBER OF SIGNS 1 per each project entrance that is located along an arterial road. MAXIMUM SIGN AREA PER SIGN 75 SF per sign (See #l below) 1 per street 30 SF per sign frontage (See #l below) 2 Wall or Fascia or Awning Signs per Building (See #2 below) Total sign area for 2 signs shall not exceed .5 SF per each lineal foot of building frontage. 3 per driveway entrance 1 per street frontage 3 per driveway entrance 1 per street frontage 1 per street frontage 5 per driveway entrance 6 SF per sign 35 SF per sign 6 SF per sign 50 SF per sign (See #l below) 50 SF per sign 10 SF per sign MAXIMUM SIGN/LETTER HEIGHT 5 feet above average grade 1 12” 5 feet above average grade / 12” Varies I 24” 4 feet above average grade / 6 ,, 5 feet above average grade / 12” 4 feet above average grade / 5” 5 feet above average grade / 12” 5 feet above average grade / 5 1, LOCATION REMARKS Near primary project entrances 1. Wall Signs - Below eaveline. Not allowed on any parapet or equipment enclosure. 2. Fascia Sign - Centered on Fascia 3.Awning Sign - Over doors or windows (See #4 below) -18- TYPE OF TYPE OF MAXIMUM MAXIMUM MAXIMUM LOCATION REMARKS DEVELOPMENT SIGN NUMBER SIGN AREA SIGN/LETTER AND OR ZONE OF SIGNS PER SIGN HEIGHT Gas/Service Stations Monument 1 per street 30 SF per sign 5 feet above frontage average grade / 12" canopy 2 per site 20 SF per sign Attached to Must be canopy, not designed as to extend an integral beyond or part of the above the canopy canopy. structure. Theater or Cinema Fuel Pump Pole Wall 1 per fuel pump 1 per site 1 per street frontage 2.5 SF per sign 50 SF 35 feet above Only average grade / permitted at 36" Freeway Service Stations Total sign area Below for all wall eaveline. signs shall not Not allowed exceed .5 SF on any per each lineal parapet or foot of equipment building enclosure. frontage. Attraction 1 per site 100 SF plus 10 Pole - 35 feet Marquee Board (Pole or SF per screen above average signs must Marquee) or stage over 1, grade 124” be building uptoa mounted. maximum of Marquee - 160 SF. Below eaveline I 24" Coming 1 per screen 6 SF per sign Must be Attraction or stage building Poster mounted. Government, Se&o+, Wall Church Monument Directional Signs 1 per street frontage 1 per street frontage 3per driveway entrance ?O 30 SF per 1 Below 1 Illumination sign eaveline. Not is to be allowed on external, any except for architectural channel and projection, reverse parapet or channel equipment letters. enclosure. 30 SF per sign 5 feet above Near primary (See #I below) average grade / project 12” entrance. 6 SF 4 feet above 1 Should be 1 average grade I located to 6” facilitate traffic internal to the site. 28 II -19- 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 TYPE OF DEVELOPMENT AND OR ZONE Public Parks, Playgrounds and Recreational Facilities TYPE OF SIGN Monument Directional Produce/Flower Stand in the E-A, R- A and L-C zones Wall Mounted or Freestanding Nursery, Freestanding Greenhouse, Packing Shed, Stable, Riding Academy and similar uses P-U zone Freestanding Wall Directional Signs MAXIMUM MAXIMUM MAXIMUM LOCATION NUMBER SIGN AREA SIGN/LETTER OF SIGNS PER SIGN HEIGHT 1 per street 30 SF per sign 5 feet above Near primary frontage (See # 1 below) average grade I project 36" entrance. 5 per 10 SF per sign 5 feet above driveway average grade / entrance 6" 2 per produce 9 SF per sign 5 feet above stand average grade 1 per site 35 SF 6 feet above average grade 1 per street frontage 1 per street frontage 3 per driveway entrance 35 SF 20 SF 6 SF 6 feet above Near primary average grade project entrance 4 feet above Should be average grade I located to 6" facilitate tldk internal to ; * Directional signs advance the City’s interest in ensuring traffic safety. - REMARKS I Shall be displayed only during the time period the produce is available on the property. ** These sign standards supersede the sign standards for the C-M, M and P-M zoned properties that are located within Area 4 of the El Camino Real Corridor Development Standards. #l. Signs on entry walls or retaining walls (e.g. curved, angled or similar walls integrated into a project entry or perimeter) are encouraged. In cases where such walls are on both sides of an entry drive, two (2) signs (each at the maximum square footage) are permitted. #2. No more than one (1) wall sign permitted along a building elevation. #3 Building elevations which front along or are within 500 feet of the right-of-way and visible from Interstate 5, State Route 78, Palomar Airport Road, or El Camino Real shall not have more than one (1) wall sign along those elevations. . A building elevation must have a minimum of 150 lineal feet in order to have more than one (1) wall sign along that elevation. n The minimum spacing between wall signs along an elevation shall not be less than 75 feet. -2o- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . The cumulative length of all wall sign(s) along any building elevation shall not exceed one- third (l/3) of the length of that same elevation. #4 Building elevations on restaurants, hotels or motels which front along or are within 500 feet of the right-of-way of and visible from Interstate 5 shall not have more than one (1) wall sign along those elevations. #5 No monument sign shall be located within 100 feet of another monument sign for the same project. However, if more than 1 building shares a common driveway, then a maximum of 2 monument signs can be located along the common driveway, provided that the signs are located on opposite sides of the driveway. #6 Illuminated wall signs are prohibited on any building elevation that faces and is within 500 feet of any property line that adjoins residentially zoned property. 21.41.100 Permitted Temnorarv Signs Table C provides a listing of all temporary signs permitted for each type of development and corresponding zones with a sign permit. In addition to the type of sign permitted, Table C provides the maximum number, maximum sign area per sign, maximum sign height and letter height, permitted location and other provisions. TABLE C TEMPORARY SIGNS PERMITTED BY TYPE OF DEVELOPMENT AND ZONE WITH A TYPE OF DEVELOPMENT AND ZONE Projects which are under Construction - All zones TYPE OF SIGN Wall or Freestanding MAXIMUM NUMBER OF SIGNS 1 per project -21- SIGN PERh MAXIMUM SIGN AREA PER SIGN Residential Projects of 2 to 10 units- 8 SF Residential Projects of more than 10 units, Commercial, Office or Industrial Projects - 25 SF- $ AXIMUM SIGN/LETTER HEIGHT 5 feet above average grade. 6 feet above average grade. LOCATION REMARKS Must be located on the project site. May not project into the public right-of-way. 1. May not be illuminated. 2.Shall be removed prior to the granting of a Certificate of Occupancy by the City. 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 TYPE OF DEVELOPMENT AND ZONE Real Property which is For Rent, Sale or Lease - All zones All Commercial, Office and Industrial zones All Commercial, Oftice, and Industrial zones TYPE OF SIGN Freestanding sign displayed on the owner’s real property or real property owned by others with their consent (Pursuant to California Civil Code section 713). Banner Banner or Freestanding Signs with a Temporary Seasonal Sales Location Permit. I MAXIMUM NUMBER OF SIGNS 1 per business 1 per street frontage MAXIMUM SIGN AREA PER SIGN Residential Projects of 2 to 10 units, - 12SF Residential Projects of more than 10 units, Commercial, Offke and Industrial Properties - 35 SF 30 SF 30 SF -22- 1 MAXIMUM SIGN/LETTER HEIGHT 5 feet above average grade. 6 feet above average grade. 18 feet above average grade LOCATION REMARKS May not project into the public right-of-way. 1. May not be illuminated. Z.Residential Projects- Shall be removed from the propeW within one year from the issuance of the first building permit. 3. Commercial and OffrcelIndus- trial Properties - Shall be removed from the building or property within fifteen (15) days after the sale, rental or lease. 1. Permitted only for businesses waiting for permanent sign construction and installation. 2. Approval limited to 45 days maximum or when the permanent sign is installed whichever occurs first. 3. A City sign permit for the permanent sign must first be secured. Limited to the period of time specified in the Temporary Seasonal Sales Location Permit. Attached to monument or wall at the business location. Must be located on the site of the seasonal sales event. MAXIMUM LOCATION REMARKS SIGN/LETTER HEIGHT 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 Any Public or Private Property with a Special Events Permit (C.M.C. Chapter 8.17). Community Event at Public Parks/Recreational Facilities A. B. A. B. C. D. E. Banner or Freestanding Signs Banner or Freestanding Signs 30 SF 30 SF Must be located on the site of the special event. Must be located on the site of the event. Limited to the period of time specified in the Special Events Petit Limited to the duration of the event. 21.41.110 Construction and Maintenance Construction - Every sign, and all parts, portions and materials shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City regulations and the latest adopted versions of the Building Code and the National Electric Code, pursuant to Title 18 of the Carlsbad Municipal Code. Maintenance - Every sign and all parts, portions and materials shall be maintained and kept in good repair. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair. 21.41.120 Removal of Sigsls Any sign not conforming to Uniform Building Code and National Electric Code standards, or sign installed or placed in the public right-of-way or on public property may be removed by any officer or employee of the City designated to do so by the Community Development Director without prior notice. Any other sign that is in violation of the provisions of this chapter, must be removed by the permittee, owner, or person in charge of the sign upon written notice by the Community Development Director. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal or repair shall not be less than 30 calendar days from the date of mailing the notice for permanent signs and not less than 15 calendar days for temporary signs. Within 10 days of the mailing of the notice, the permittee, owner, or person in charge of the sign may request a hearing before the Community Development Director to determine whether the sign was erected or maintained in violation of this chapter. Upon receipt of a written request for a hearing, the Community Development Director shall schedule a hearing and send a written notice by first class mail of the time, place, and date for the hearing, which shall be no later than 30 days after the date of receipt of the written request. The time for compliance with the original order shall be stayed during the pendency of the hearing. The Community Development Director will notify the appellant of the decision to affirm, modify or revoke the order to remove or repair within 10 days of the conclusion of the hearing. -23- 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 F. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the Community Development Director made pursuant to this chapter, any expense of such inaction shall be charged to the permittee, owner or person in charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner, or person in charge of the sign who fails to pay such costs. Any costs, including attorney’s fees, incurred by the city in collection of the costs shall be added to the amount of the debt. G. Every person billed may request a hearing regarding the accuracy of the amount billed. Following the hearing, the Community Development Director shall within 10 days of the conclusion of the hearing notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid. A. 21.41.125 Anneal of Denial or Revocation Any person seeking to appeal a decision of the Community Development Director denying an application for, or renewal of a permit, revoking a permit, or ordering the removal of a sign shall file a written notice of appeal with the Planning Director no later than 10 days after the date of the notice of the decision. The notice shall state, with specificity, the factual and legal basis of the appeal. The Planning Director shall expeditiously schedule a hearing before the Planning Commission and notify the appellant, in writing, of the day, time, and location of the hearing. B. The Planning Commission shall provide the appellant with a written decision within 10 days of the conclusion of the hearing. If the denial, revocation or removal order is affirmed on review, the appellant may file a written notice of appeal with the City Clerk no later than 10 days after the date of the notice of the decision. The City Clerk shall within 10 days expeditiously schedule a hearing before the City Council and notify the appellant, in writing, of the day, time, and location of the hearing. The time for compliance of any original order shall be stayed during the pendency of the hearing. The City Council shall provide the appellant with a written decision within 10 days of the conclusion of the hearing. If the denial, revocation, or removal order is affirmed on review, the appellant may seek prompt judicial review of such administrative action pursuant to Cal. Civ. Proc. Code 9 1094.5, and the city shall make all reasonable efforts to expedite judicial review where the action taken operates as a prior restraint on the appellants state or federal constitutional rights. 21.41.130 Nonconforming Signs Except for normal repair and maintenance, no nonconforming sign shall be expanded, structurally or electrically altered, moved, relocated, refaced or re-established after a change in use or otherwise modified (i.e., change of sign copy) unless it is brought into conformance with all current provisions of this chapter. 21.41.140 Remedies and Penalties Any sign, which has been properly removed under this chapter, may be returned to the owner upon payment to the city of the costs of removal. If no timely request is made for hearing or if no -24- 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 demand is made for the return of the sign removed, the Community Development Director or his designee is authorized to destroy or dispose of the removed sign. 21.41.150 Violations It is unlawful for any natural person, partnership, firm, organization, corporation or other legal entity to: A. Install, create, erect or maintain any sign in a manner that is inconsistent with this Chapter or any permit for such sign; B. Install, create, erect or maintain any sign requiring a permit without such a permit; C. Fail to remove any sign that is installed, created, erected or maintained in violation of this Chapter in the time provided for in this Chapter. Violations of any provisions of this chapter shall be subject to the enforcement remedies and penalties provided for herein and in Chapter 1.08 of this Code. The City is also entitled to Pursue any civil remedies provided by law, including injunctive relief, as to signs not in conformance with this ordinance. A. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter. B. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter. 21.41.160 Severabilitv If any section, subsection, sentence, clause phrase or part of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter, which shall be in full force and effect. The City Council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until 60 days after the date of submittal to the Calzfornia Coastal Commission or the date of certljkation, whichever occurs$rst.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2001, and thereafter. -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the of day AYES: NOES: ABSENT: ABSTAIN: 2001, by the following vote, to wit: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk WW -26- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FORMING A CITIZEN’S COMMITTEE TO MAKE RECOMMENDATIONS ON TH WHEREAS, several cities in California have or are the validity of their sign ordinances; and WHEREAS, the City of Carlsbad was put tice in 1998 by an outdoor advertising company that its ordina allenged as well; and WHEREAS, the adjacent ci e was recently involved in litigation concerning its sign ordinanc eld to be unconstitutional and which resulted in the placement billboards in that city; and WHEREAS, there nt to Government Code section 65858(a) on December 14,l y Council adopted Urgency Ordinance NS- 526 prohibiting the issua ermits for and/or the construction, erection, placement or alteration of tanding sign with either (i) any dimension of greater than eight feet (inclu any support structures and framing), or (ii) with a sign face area of greater thirty-five square feet (including any support structures and framin pending review and study and a report or recommendation of the Planning D ment and the Planning Commission for any zone code and sign code am WHEREAS, on January 18,2000, the City Council extended said interim ordinance (NS-530) for ten months and fifteen days as amended to allow signs constructed and erected in accordance with a sign program approved prior to December 14, 1999 and sign programs and/or sign permit applications deemed 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 complete, but not yet acted upon prior to December 14, 1999, to be exempt from the moratorium and the limitations; and staff initially consulted with developers in the C-M, M and P-M receive their input and recommendations concerning signa hese zones; and WHEREAS, on September 20,2000, reco dations for the C-M, M and P-M zones were approved by the Planning C sion after opportunity for public comment; and WHEREAS, on November 21,2 the City Council adopted NS-562 extending Urgency Ordinance NS-530 as a ded for up to one year, expiring on December 14,2001, or until staff reports ir completed recommendations to the City Council and it acts upon them, w ever comes first; and 2001 the City Council adopted Ordinance No. NS-569 to approve Zone C Amendment No. 99-09, amending the City’s Sign Ordinance, (Chapter 21 of the Carlsbad Municipal Code), to incorporate clear and comprehensive standards for the C-M, M and P-M zones; and taff proceeded to review and revise the City’s sign ordinance to recom signage regulations with regard to signage on residential, retail, office and in trial properties, to make the Code more easily understandabl d to ensure that the Code conforms to the current state of constitutional WHEREAS, on April 4, 2001, Planning staff made a presentation to the Planning Commission at its regular meeting, briefing the Commission on an overview of the law as it pertains to signage regulations, including concepts and 2 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 principles which staff followed in preparing its recommendations for proposed revisions to the Carlsbad signage ordinance; and WHEREAS, thereafter, at the request of the Village a presentation at the Village Business Association meetin explain the intended recommendations for new citywid rgnage regulations and how they would affect the Village Master Plan sign noticed for the Planning Commission agend May 16,2001, but was continued on that date since there was inadequate for consideration and public comment as regarding the proposed revisions; a WHEREAS, on June 6 01, the comprehensive sign ordinance amendment was once again befo he Planning Commission and public testimony was taken concerning the pro d revisions including testimony by twenty-four members of the public ove e and one-half hours; and Planning Commission at the June 6, 2001, regular for an additional Plan Commission workshop before deliberation on the EAS, a special workshop was held on June 13,200l at the Center, and several members of the public attended and five sign ordinance revisions; and WHEREAS, on June 20,200l the comprehensive sign ordinance amendment was again before the Planning Commission for the third time and 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 several hours of public testimony from 16 members of the public was considered by the Commission; and WHEREAS, many.of the members of the public testifying at the above mentioned meetings requested additional time to review and co proposed sign ordinance; and regulations; and WHEREAS, at its meeting of July 10, 2001, the City Council discussed the Planning Commission’s minute motion and unanimously determined that the general public should be provided additional opportunity to review and 4 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 comment on the proposed ordinance at public hearings to be conducted by a citizen’s committee; and WHEREAS, the City’s urgency ordinance cannot be ext December 14,200l and the new ordinance must be in effect by D 2001 requiring that it be introduced to the City Council no later 2001. NOW, THEREFORE, BE IT RESOLVED b City Council of the City of Carlsbad, California, as follows: 1. That the above recitals are true 2. There is hereby formed a tit s committee to study the testimony to date (attached hereto as ibit A) consisting of fifteen members which shall carefully study and con r all appropriate and relevant information, including public input, and mak report and recommendations to the Planning Commission no later than Se mber 19, 2001 for Commission’s consideration before staff finalizes the p sed comprehensive sign ordinance amendment. The Citizen’s Committee re shall make recommendations with regard to areas of specific concern to r ents, business owners and developers. and each mem of the City Council shall recommend two members to the Carlsbad other than the ownership of their home, and the additional six members shall be appointed as follows: a. Two to represent the Chamber of Commerce; b. One to represent the Village Business Association; 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. One to represent the Residential Realtors; d. One to represent the Retail Development Community; e. One to represent the Industrial Community; and f. The Planning Director or officio member of the Committee. 4. The Committee shall be give I necessary support, supplies, materials, assistance of experts, and other urces necessary for the expeditious completion of its work. 5. The meetings of the en’s committee shall be open and public and any person may attend. The C mittee shall select a chair person from its members and shall conduct its trngs in general conformance with the City Council procedures. of its meetings for publi e shall allow a reasonable comment period at each e the Citizens Committee has prepared a report to the Planning Commiss or by September 19,2001, whichever occurs first, the Committee shall hat the Planning Commission shall thereafter in consideration of he ordinance as then proposed, act on the matter with a tion to the City Council no later than October 23, 2001, which shall also be provided with the Committee’s report. 9. The initial members of the Committee shall be: NAME: REPRESENTATION: 6 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 2001 by the following vote, to wit: CLAUDE A. LEWIS, Mayor LORRAINE M. WOOD, City Clerk (SEAL) 7 JULY 23,200l TO: MAYOR AND CITY COUNCIL FROM: City Attorney If the City Council should determine that the Citizens’ Committee formed to study the proposed sign ordinance should report its recommendations for revisions directly to the City Council rather than the Planning Commission, then we suggest that Resolution No. 200 / - 23 6 be amended as follows: “7. That once the Citizens Committee has prepared a report to the City Council or by September 4,2001, whichever occurs first, the Committee shall be dissolved.” Y JANE MOBALDI Assistant City Attorney afs c: City Manager