HomeMy WebLinkAbout2001-11-06; City Council; 16419; Sign OrdinanceCITY OF CARLSBAD -AGENDA BILL
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MTG. 11-6-01
ADOPTION OF ORDINANCE NO. NS-606
REPEALING AND REENACTING THE SIGN
ORDINANCE (ZCA OO-041LCPA 00-07)
DEPT. CLK CITY MGR
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DEPT. HD. +-
CITY ATTY.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-606 repealing and reenacting the Sign Ordinance, Title 21,
Chapter 21.41 of the Carlsbad Municipal Code to comply with current constitutional case
law and to clarify the ordinance.
ITEM EXPLANATION:
Ordinance No. NS-606 was introduced and first read at the City Council meeting held on
October 23, 2001. The second reading allows the City Council to adopt the ordinance,
which would then become effective in thirty days. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 16,404 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-606.
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ORDINANCE NO. nS-606
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING AND REENACTING
THE SIGN ORDINANCE, TITLE 21, CHAPTER 2 1.41 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SECTION I: That title 21, Chapter 21.41 of the Carlsbad Municipal Code is repealed and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
21.41.025 General Provisions
21.41.030 Prohibited Signs
21.41.040 Signs On Private Property 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 Nonconforming Signs
21.41.140 Remedies and Penalties
21.41.150 Violations
21.41.160 Severability
“CHAPTER 21.41”
SIGN ORDINANCE
21.41.005 Purpose
The purposes of this Sign Ordinance include to:
A. Implement the City’s community design and safety standards as set forth in the
General Plan; and
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B. Maintain and enhance the City’s appearance by regulating the design, character,
Iocation, number, type, quaIity of materiaIs, size, ihumination 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 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
off-site signs bearing commercial messages; and
E. Generally 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
noncommercial purposes without regulating the content of noncommercial messages;
and
G. Allow the expression of political, religious and other noncommercial
speech at all times, and allow for an increase in the quantity of such speech in the
period preceding elections; and
H. Respect and protect the right of free speech by sign display, while
reasonably regulating the structural, locational and other noncommunicative aspects of
signs, generally for the public health, safety, welfare, and specifically to serve the public
interests in traffic and pedestrian safety and community aesthetics; and
I. Minimize the possible adverse effects of signs on nearby public and
private property; and
J. Serve the City’s interests in maintaining and enhancing its visual appeal
for tourists and other visitors, by preventing the degradation of visual quality which can
result from excess signage; and
K. Protect the investments in property and lifestyle quality made by persons
who choose to live, work, or do business in the City; and
L. Defend the peace and tranquility of residential zones and neighborhoods
by generally forbidding commercial signs on private residences, while allowing residents
the opportunity, within reasonable limits, to express political, religious and other
noncommercial messages from their homes; and
M. Enable the fair, consistent, and efficient enforcement of the sign
regulations of the City.
21.41.010 Applicabilitv
The provisions of this chapter shall apply generally to all zones established by this Title.
Properties and uses in the Village Redevelopment (VR) Zone are regulated first by the sign
standards of the Carlsbad Village Redevelopment Master Plan and Design Manual, and then, to
the extent not covered by said Master Plan and Manual, by the provisions of this chapter. Signs
on public property, both within the Village Redevelopment Zone and other zones, are controlled
by City Council policy.
In those areas of the City where master plan or specific plan sign standards or sign
programs were adopted by ordinance as special zoning regulations, those sign standards or sign
programs shall apply; however, the “substitution” provisions of this chapter, section
21.41.025(2), shall apply to such programs and plans.
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All other sign programs that were approved prior to the effective date of this chapter, but
not by ordinance, are subject onIy to the “substitution” provisions of this chapter (section
21.41.025(2)), except that if any such sign program is proposed for amendment to increase
overall sign area 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, as defined in this chapter, may be
affixed, erected, constructed, placed, established, mounted, created or maintained only in
conformance with the standards, procedures and other requirements of this chapter. The
standards regarding number and size of signs regulated by this chapter are maximum standards,
unless otherwise stated.
21.41.20 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 a sign
without removal of the entire sign structure 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, not higher than five feet and not wider
than three feet, designed to be easily movable and to rest on the ground without being affixed to
any object or structure. Such signs are commonly in the shape of the letter “A,” but may also be
in the shape of an inverted letter “T” or a letter “H.”
(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, such as theater marquee, and which refers to products, services or coming events on
the premises.
(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 outdoor service area. A marquee is not an
awning or canopy.
(9) Balloon - means a small inflatable device used for purposes of
commercial signage, advertising, or attention getting. See also, definition of “Inflatable
signs.”
(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, klieg lights,
spot lights, search lights, projected image signs and similar devices) with one or more beams
projected into the atmosphere or directed at one or more points away from the light source and
used for purposes other than police, fire, public safety or news gathering operations.
(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. .
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(13) Billboard - means an off-site permanent structure sign which displays a
commercial message.
(14) Building Frontage - means the total width of the elevation of a building
which fronts on a public or private street or 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 or establishment.
(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) Bus Stop Signs - a sign mounted on a shelter which serves as a bus stop or
passenger waiting area for public transportation; this definition does not include devices giving
the schedule and/or prices for the transportation service.
(17) Canopy Sign - see definition of “Awning Sign.”
(18) 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.
(19) Channel Lettered Signs - signs with individually cut, three-dimensional letters or
figures affixed to a building or sign structure.
(20) 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.
(21) Commercial Signage or Commercial Message - means any sign or sign copy with
wording, logo, or other representation that, directly or indirectly names, advertises or calls
attention to a business, product, service, or other commercial activity, or which proposes a
commercial transaction, or relates primarily to commercial interests.
(22) Construction Sign - means a temporary sign on real property on which
construction of new improvements is occurring.
(23) Cornerstone - stone or other wall portion laid at or near the foundation of a
building, and which indicates in permanent markings the year of construction.
(24) Directional Sign - means an on-site sign designed to guide or direct pedestrian or
vehicular traffic to uses on the same site.
(25) Directory Sign - means a sign listing the persons, activities or tenants located on-
site.
(26) Eaveline - means the bottom of the roof eave or parapet.
(27) Electronic Message Board Sign - means a sign with a fixed or changing
display composed of a series of lights, light emitting diodes (LED) or liquid crystal
display (LCD), or functionally similar devices.
(28) Establishment - means any organization or activity which uses land for
purposes other than residential use. Includes all business and commercial uses, as
well as institutional, public, semi-public and other noncommercial uses, but does not
include a permanently enclosed place or use where people regularly sleep or prepare
their own meals (not including hotels, motels, or other places offering temporary or short
term accommodations to the public which are within the meaning of establishment).
(29) 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.
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(30) Fascia Sign - means a sign fastened to or engraved in the band or board
at the edge of a roof overhang.
(31) Flag - a device, generally made of flexible materials such as cloth, fabric,
paper or plastic, and usually used as a symbol of a government, political subdivision,
public agency, company logo, belief system or concept.
(32) Freestanding Commercial Building - means a building occupied by a
single user retail business, or a noncommercial use located in a zoning district where
commercial activities are allowed, that has direct vehicular access to an adjacent street.
(33) Freestanding Sign - means a sign supported upon the ground and not attached to
any building. This definition includes monument signs and pole signs.
(34) Freeway Service Station - means a gas/service station located on a
property that is contiguous to a freeway interchange.
(35) Frontage - see street frontage.
(36) General Advertising - means the business or practice of offering sign
display space, usually for a fee, to one or more commercial advertisers.
(37) Hand Held - means those signs or devices which are held by or otherwise
mounted on human beings or animals.
(38) Inflatable Signs, or Inflatable Attention-Getting Devices - means any air or
gas filled device located, attached or tethered to the ground, site, merchandise, building,
or roof and used for the purposes of commercial signage, advertising or attention
getting.
(39) 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 gases within
translucent tubing incorporated onto or into the sign face.
(40) Logo - means a trademark or symbol of an organization, belief system or
concept.
(41) Marker Board - means a board designed for displaying images made by
chalk, markers or similar devices; includes devices commonly known as blackboards,
whiteboards, and chalkboards.
(42) Marquee - means a permanent canopy structure attached to and supported by a
building, and projecting near or over private sidewalks or public right-of-way, generally located
near the entrance to a hotel, theater, or entertainment use, and used as a display surface for a sign
message.
(43) Master Plan - means a plan prepared and adopted pursuant to Chapter
21.38 of the Carlsbad Municipal Code.
(44) Mobile Billboard - a vehicle for which the primary use is to display a
general advertising message.
(45) Monument Sign - means a freestanding sign, which is supported by a base that
rests upon the ground and of which the display or copy is an integral part of the design.
(46) Multi-Face Sign - means a sign displaying information on at least two surfaces,
each having a different orientation, or on a curved surface so that the copy or image is different
when viewed from different angles.
(47) Multi-Tenant Building - means a nonresidential building in which there
exists two or more separate nonresidential tenants or businesses.
(48) Neon Sign - means a sign that utilizes neon or other gases within
translucent tubing in or on any part of the sign structure.
(49) Noncommercial Signage - means any sign which is intended to convey a
noncommercial message including, by way of example and not limitation, commentary
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on social, political, educational, religious, scientific, artistic, philosophical or charitable
commentary subjects. Atso includes signs regarding fund raising or membership drive
activities for noncommercial or nonprofit concerns.
(50) Nonconforming Sign - means any 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 requirements of this chapter.
(51) On-Site Sign - a sign displaying a commercial message which relates or pertains
to the business conducted, services available or rendered, or goods available for sale, rent or use,
upon the same premises where the sign is located. A sign program may define “on-site” in a
manner which applies only to that program.
(52) Off-Site Sign - means any sign that gives directions to or identities a commercial
use, product or activity not located or available on the same premises as the sign.
(53) 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.
(54) 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 tear) and position and in a permanent
manner affixed to the ground, wall or building.
(55) Person - means any natural person, marital estate, sole proprietorship,
partnership, limited partnership, corporation (of any type or form, regardless of where
incorporated), trust, association, limited liability company, unincorporated association, or
any other juridical person capable of legally owning, occupying or using land.
(56) Pole Sign - means a freestanding sign, that is greater than six feet in
height and is supported by one or more vertical supports.
(57) 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 signs attached to vehicles or trailers, water vessels, humans or
animals.
(58) Premises - the place where a business or other establishment is located.
If there is only one business or establishment on the legal parcel, then the entire parcel
is the premises. If there is more than one business or other establishment on a single
parcel, then the premises is the portion of the parcel actually occupied or exclusively
used by the business or other establishment, except that signs relating to the owner or
manager of the entire parcel may be considered on-site when placed anywhere on the
parcel.
(59) 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 construction, display or use.
(60) Projecting Sign - means a sign which projects more than ten inches from a
wall or other vertical surface, generally at about 90 degrees.
(61) Property Owner - means the owner of the property on which the sign is
displayed or proposed to be displayed. When the property is land, “owner” includes the
legal owner according to the official land records of the San Diego County Recorder, all
beneficial owners thereof, and all persons presently holding a legal right to possession
of the subject property.
(62) Public Property - means all land located within the corporate limits of the
City and which is either owned by the City or the Redevelopment Agency, or is part of
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the public right-of-way located within the City. The definition also includes programs or
facilities owned or operated by the City.
(63) 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 centers, power centers of several high vohime specialty stores, warehouse club stores or
automobile dealerships; secondary tenants may include a full range of specialty retail, restaurants
and entertainment. A center is still within this definition even if it includes one or more
noncommercial uses.
(64) 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.
(65) Roof Sign - a sign erected and constructed wholly or in part upon, against or
above the roof of a building. For purposes of this chapter, any portion of a building above or
behind the fascia or parapet of a building shall be considered part of the roof.
(66) Shopping Complex - means the same as “Commercial Center.”
(67) Sign - any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, image 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. However, the following are not within the definition of “sign” for the regulatory
purposes of this chapter:
a. Any public or legal notice required by a court or public agency;
b. Decorative or architectural features of buildings, except letters,
trademarks or moving parts;
C. Holiday decorations and lights, clearly incidental to and associated
with holidays or cultural observances and which are on display on a given parcel for not
more than 45 calendar days in a calendar year;
d. Building markers, as defined herein;
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Cornerstones, as defined herein;
Symbols or insignia which are an integral part of a doormat or
welcome mat, or embedded directly into the sidewalk or entrance surface, so long as
such device is otherwise legal and is located entirely on private property and on the
ground or sidewalk;
g. Items or devices of personal apparel or decoration, but not
including hand held signs;
h. Marks on tangible goods, which identify the maker, seller, provider,
or product, as such are customarily used in the normal course of the trade or
profession;
i. Symbols of noncommercial organizations or concepts, including but
not limited to religious or political symbols, when such are permanently integrated into
the structure of a permanent building which is otherwise legal;
Property entry and security protection notices and signs warning of
dangers or hhalth and safety policies, such as, by way of example and not limited to
“Beware of Dog,” “ Danger High Voltage, ” “No Shirt No Service,” etc., when such are no;
over one square foot on residential uses or two square feet on other uses, and firmly
affixed to their mounting surface or device;
k. The legal use of fireworks, candles, and artificial lighting not
otherwise regulated by this chapter;
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I. Devices which are located entirely within an enclosed structure and
are not visible from the exterior thereof;
m. Advertisements or banners mounted on or towed behind free-flying
airborne vessels or craft, such as airplanes, dirigibles, blimps, and the like;
n. Advertisements or banners mounted on trains which legally pass
through the City;
0. On street legal vehicles and properly licensed water craft, license
plates, license plate frames, registration insignia, noncommercial messages, messages
relating to the business of which the vehicle or vessel is an instrument or tool (not
including general advertising), and messages relating to the proposed sale, lease or
exchange of the vehicle or vessel.
(68) Sign Area - means the display or message area of the sign. The methods of
computing sign area are detailed in section 2 1.41.070(A).
(69) Sign Height - means the height of the highest point on the sign structure above
grade or ground beneath. The methods of calculating sign height are stated in section
21.41.070(B).
(70) Sign Permit - means an entitlement from the City to place or erect a sign.
(71) Sign Program - a plan that integrates signs for a project with buildings, circulation
and landscaping to form a coordinated architectural statement.
(72) Site Development Plan - means a plan required pursuant to Chapter 2 1.06 of the
Carlsbad Municipal Code.
(73) Specific Plan - means a plan prepared and adopted pursuant to Section 65451 of
the California Government Code.
(74) 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 frontages.
(75) Suspended Sign - means a sign hung from the underside of a marquee, pedestrian
arcade or covered walkway, usually at approximately 90 degrees to the building wall or
storefront.
(76) Tall Freestanding Sign - means a monument or pole sign that is greater than 14
feet in height.
(77) Temporary Seasonal Sales Permit - means a permit to allow outdoor seasonal and
holiday sales, including but not limited to, Christmas trees, pumpkins and flowers, on private
property.
(78) Temporary Sign - means a sign, including paper, cardboard wood, plastic,
synthetic, fabric or similar materials, which by virtue of its physical nature may be used
only for a limited period of time and is not permanently mounted.
(79) Traffic Directional Sign - means a sign which indicates place, location or
direction, for the information of drivers or pedestrians.
(80) Unsafe Sign - means a sign posing an immediate peril or reasonably
foreseeable threat of injury or damage to persons or property, on account of the
condition of the physical structure of the sign, or its mounting mechanism. A sign may
not be considered “unsafe” within this definition by virtue of the message displayed
thereon.
(81) Vehicle Sign - a sign mounted upon a vehicle which may legally be parked on or
move on public roads, as well as a sign mounted upon a water vessel which may legally move
upon the waters. .
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(82) Vessel Sign - means a sign mounted upon a water vessel which may
legally move upon the waters.
(83) Wall Sign - means a sign attached to a wall surface that does not project or extend
more than ten (10) inches from the wall, which is confined within the limits of an outside wall
and which displays only one display surface.
(84) Window Sign - any sign painted or affixed to the inside or outside of a window
surface, or otherwise located within a building so as to be visible from the exterior of the
building. Does not include window displays of merchandise offered for sale, so long as such
displays are located at least 12 inches from the window on the interior. .
I 21.41.025 General Provisions
(1) Owner’s Consent Required: The consent of the property owner is required
before any sign may be displayed on any real or personal property within the City. In
the case of public property, the owner’s consent shall be pursuant to a policy adopted
by the City Council.
(2) Substitution of Noncommercial Message: Subject to the owner’s consent,
a noncommercial message of any type may be substituted for all or part of the
commercial or noncommercial message on any sign allowed pursuant to this Chapter.
Design criteria which may apply to commercial signs, such as color, lettering style or
height, and compatibility with other signs on the same parcel or other signs subject to a
sign program, do not apply to noncommercial message signs even when they are in an
area subject to a sign program, master plan or specific plan. No special or additional
permit is required to substitute a noncommercial message for any other message on an
allowable sign, provided the sign is already permitted or exempt from the permit
requirement. When a noncommercial message is substituted for any other message,
the sign is still subject to the same location and structure regulations, such as size,
height, illumination, duration of display, building and electrical code requirements, as
would apply if the sign were used to display a commercial message or some other
noncommercial message. This substitution provision shall prevail over any other
provision to the contrary, whether more specific or not, in this chapter, and applies
retroactively to sign programs, master plans and specific plans which were adopted or
approved before this chapter was enacted.
(3) Substitution of Commercial Messages: This Substitution provision does not
automatically allow substitution of one commercial message for another commercial message,
nor does it automatically allow free substitution of a commercial message in a place where only a
noncommercial message is allowed; however, such substitutions may be allowed by other
provisions of this Chapter. This provision does not, by itself, allow off-site commercial
messages to be substituted for on-site commercial messages; however, such substitution may be
allowed by other provisions of this Chapter.
(4) Location of Noncommercial Speech: for purposes of this chapter, all
noncommercial speech messages shall be deemed to be “on-site,” regardless of
location.
(5) Legal Nature of Sign Rights and Duties: All rights, duties, and
responsibilities related to permanent signs attach to the land on which the sign is
mounted, affixed or displayed, and run with the land or personal property. The City may
demand compliance with this Chapter and with the terms of any sign permit from the
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permit holder, the owner of the sign, the property owner, or the person mounting the
sign.
(6) Transfer of Signage Rights: Rights and duties relating to permanent signs
may not be transferred between different parcels of real property. All duly issued and
valid sign permits for permanent signs affixed to land shall automatically transfer with
the right to possession of the real property on which the sign is located.
21.41.30 Prohibited Siqns
The following signs, as defined in this chapter, are prohibited in all zones of the City,
unless a more specific provision or City Policy allows them at certain times and places:
(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, as defined herein;
(5) Beacons, as defined herein;
(6) Billboards with a display face greater than 60 square feet, as defined herein;
I;;
Bus stop bench/shelter signs, as defined herein;
Electronic message board signs;
(9) Exposed neon lighted signs on any building elevation that faces and is
within 500 feet of any property line that adjoins residentially zoned property;
(10) General advertising messages displayed on vehicles parked on any public
property within the City;
(11) Hand held or sandwich board signs carried by a person on public property
or in the public right-of-way and displaying a commercial message;
(12) Marker boards, as defined herein;
(13) Mobile billboards or any other type of vehicle whose primary purpose is
displaying general advertising that is moving or parked on City streets;
(14) Off-site commercial signs;
(15) Portable signs with commercial messages; except for temporary signs as
indicated in Sections 21.41.040 and 21.41 .I 00;
(16) Roof signs (except holiday decorations and lights);
(17) Signs attached to trees, plants, rocks, fences, utility poles/cabinets, or other
objects, the primary function of which is not to support a sign;
(18) Signs blocking doors, firescapes or public rights-of-way;
(19) 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) and those erected pursuant to a policy adopted by the City Council regarding signs
on public property;
(20) 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;
(21) Signs that do not conform with applicable Uniform Building Code and
National Electric Code regulations;
(22) Temporary signs, including but not limited to banners and pennants, except as
provided for in Sections 2 1.41.040 and 21.41.100;
(23) Unsafe signs, as defined in this chapter.
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21.41.040 Siqns On Private Property Not Requirina A Siqn Permit
The signs listed in Table A do not require a sign permit, and their area and number shall
not be included in the aggregate area or number of signs subject to a permit requirement, for any
given property.
/I/
//I
Ill
Ill
Ill
TABLE A
SIGNS 01 PRIVATE I
TYPE OF SIGN PLACEMEN
Traffic Control,
Directional or
Warning Signs
erected or required
by government
agencies.
Address Sign Wall 1 per building 6SF
Noncommercial
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
Freestanding/
Wall/Banner
WalVFreestandin
or Window
Window
Freestanding sign
displayed on the
owner’s real property or real
property owned b
others with their
consent (Pursuanl
California Civil
I
IY
t to
PERTY NO REOUIRIN
MAXIMUM MAXIMUM
NUMBER SIGN AREA
OF SIGNS PER SIGN
1 per dwelling
unit
-ll-
6 SF per residential unit.
Total copy area
shall not exceed
25% of the
window area.
4 SF
A SIGN PERR
MAXIMUM
SIGN/LETTER
HEIGHT
The minimum
number height shall
be: Residential - 4”
and Nonresidential -
6” unless the Fire
Marshal requires a
greater height.
5 feet above average
grade
7 feet above average
grade/6 inches
5 feet above average
grade
LARKS
I. 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
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lease Code section 7 13)
TYPE OF SIGN PLACEMENT
Additional Political and
other Noncommercial
Signs on private property
during campaign periods
Flags with
commercial
symbols
Flags with
noncommercial
symbols
Freestanding pole
or pole-mounted on
side of buildmg.
Freestanding pole
or pole mounted on
side of building.
MAXIMUM
NUMBER
OF SIGNS
I flag per non-
residential
establishment located in the C- M, P-M and M
zones
No Restriction No Restriction
-12-
MAXIMUM
SIGN AREA
PER SIGN
8SFper
residential unit
I6 SF per non-
residential lot
24 SF
MAXIMUM
SIGN/LEmER
HEIGHT
5 feet above average
grade or 3.5 feet
above average grade
if in the front yard
Flag Pole Height -
The lesser of 35 feet or the height of the
tallest legally
permitted structure
existing on the
premises
Flag Pole Height - Maximum of 2
Thelesser of 55 feet Flag Poles per
or the height of the occupied
tallest legally dwelling unit and permitted structure 3 Flag Poles per
existing on the nonresidential
premises establishment.
REMARKS
1. Maybe
located on any
private property,
with owner’s
consent
2. Display time
limited to 45
days preceding
any federal, state
or local (primary, general or
special) election
and shall be
removed, by the
person placing or
erecting such
sign within ten
(IO) days
following such
election.
3. This is in
addition to the
noncommercial
signage allowed
under the
substitution
provision and the
noncommercial
signage allowed
at all times in
residential zones.
4. Non-
commercial signs
may also be
allowed on
public property
per City Council
policy.
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TYPE OF SIGN
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
PLACEMENT MAXMUM MAXIMUM MAXIMUM
NUMBER SIGN AREA SIGN/LETTER
OF SIGNS PER SIGN HEIGHT
Inside windows 2 per vehicle IW’X 12”
21.41.050 Application and Permit Procedures
REMARKS
No limitation if
sign not visible
from public
right-of-way
Does not apply to
“general
advertising” or
mobile
billboards”
A. Siqn Permit Required. It shall be unlawful for any person to affix, place,
erect, suspend, attach, construct, structurally or electrically alter (not including a change
in sign copy or sign face), move, or display any temporary or permanent sign within the
City without first obtaining a sign permit in accordance with the provisions of this
section, unless the sign is exempt from the permit requirement under Section
21.41.040.
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.
2. No sign permit is required when a political, religious or other
noncommercial message is substituted for another commercial message on a pre-existing sign, or
when a noncommercial message is substituted for a noncommercial message on a properly
permitted sign.
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 (applies to commercial message signs only), 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
type and location of all existing signs on the
located on the premises.
3. The number, size,
same building, lot or premises.
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4. Any structural information and plans necessary to ensure
compliance with the latest adopted building code and electrical 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 and electrical codes. After receiving a
complete sign application, the Community Development Director or designee shall render a
decision to approve, approve with modifications or deny such sign application within 15 days;
however, an approval with modifications shall be limited to requiring compliance with this
chapter. The application shall be approved and the permit issued whenever the proposed sign
meets the following requirements:
1. The proposed sign conforms to all size, height and other standards for signs
subject to a permit requirement, as such requirements are set forth in this chapter.
2. The proposed sign is consistent with any applicable sign program.
3. That the sign conforms to the construction standards of the latest adopted building
and electrical codes.
E. Revocation or Cancellation of Permit. The Community Development Director or
designee shall revoke any issued permit upon refusal of the holder thereof to comply with the
provisions of this chapter after written notice of noncompliance and 15 days opportunity to cure.
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 Siqn Proqrams
A. The purpose of a Sign Program is to integrate signs with building, site Purpose.
and landscaping design to form a unified architectural statement. Sign Programs may not
supersede the dimensional and number limits provided in Tables “A,” “B,“- and “C” of Sections
21.41.040, 21.41.095 and 21.41 .lOO. All Sign Programs must incorporate the substitution
provisions of this chapter, section 21.41.025(2). Sign Program design standards do not apply to
noncommercial messages, and substitution of noncommercial messages is subject to owner’s
consent.
B. Applicabilitv. A sign permit for a sign program shall be required for: 1) Master
Plans, 2) Specific Plans, 3) nonresidential 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 chapter.
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
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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 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, but appealable pursuant to this chapter. No sign
application for a sign program shall be approved unless and until the requirements in Subsection
21.41.050 (D) are satisfied.
E. Existing Sim Proaams. Existing sign programs approved prior to the effective
date of this chapter are subject only to the substitution provision of this chapter; all other terms
of the existing Sign Program shall continue in force. However, if any existing sign program is
proposed for amendment to increase overall sign area, then the sign program must be amended to
conform with all development and design 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, all signs subject thereto shall
be erected, constructed, installed, displayed, altered, placed or maintained only in conformance
with such program.
21.41.070 General Sign Standards
The following sign standards shall apply to all signage within the City.
A. SiFin Area - is computed as follows:
1. Wall, Retaining Wall, Fascia, Awning, Window and
LandscapelHardscape 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.
2. Monument, and Suspended Signs - sign area shall be computed by
measuring the entire area contained within the frame, cabinet, monument, monument
base or fixture.
3. 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.
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,
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 sfrucfure, the sign area shall be computed by the measurement of
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one of the faces. In the case of a sign of spherical or cylindrical shape, the area of the
sign shall be one-half (t/2) of the surface area.
5. Flags, banners, pennants, etc.: Sign area is the entire surface area,
one side only.
B. Sign Height is measured as follows:
1. 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.
C. Siqns on Public Property, lncludinq the Public Riqht-Of-Wav - Signs may
be placed on public property only in accordance with a policy adopted by the City
Council. Signs placed on public property in violation of the City Council’s policy may be
summarily removed by the City, and all persons responsible for placing such signs on
public property contrary to the City Council’s policy may be charged with the cost of
removal.
D. Placement of Commercial Sinns - Commercial signs shall be placed on
the property of the use for which the sign is intended to identify or relate, unless
placement on another property is specifically allowed by this chapter or other relevant
law.
E. Noncommercial Siqns - Noncommercial signs are allowed 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. A permit is required for a noncommercial sign only when the sign
structure has not been previously permitted.
21.41.080 Sign Design Standards
Each permanent approved sign shall meet the following design standards.
A. Colors. For signs displaying commercial messages, fluorescent, “day-glo,” and
similar colors shall not be used.
B. 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, channel lettering, concrete, stucco or stone monument signs with recessed or raised
lettering.
C. Relationship to Buildings. Each permanent commercial message sign located
upon a premises 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.
D. Relationship to Other Signs. Where there is more than one (1) sign on a lot,
building or project site, all permanent signs displaying a commercial message shall have designs
which similarly treat or incorporate the following design elements:
1. Type of construction materials.
2. Sign/letter color and style of copy.
3. Method used for supporting sign (i.e., wall or ground base).
4. Sign cabinet or other configuration of sign area.
5. Illumination.
6. Location.
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E. Relationship to Streets. Signs shall be designed and located so as not to interfere
with the unobstructed cIear view of the pubhc right-of-way and nearby traffic regulatory signs of
any pedestrian, bicyclist or motor vehicle driver.
F. 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.
G. 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-StandinP and Building-Mounted Signs. Free-standing and building-
mounted signs shall either be non-illuminated or externally illuminated, except for signs with
opaque backgrounds which give the appearance of individual channel letters and changeable copy
signs.
H. Logos and Graphics. Corporate logos and graphics may be used in conjunction
with wall, monument and pole sign.
1. 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.
21.41.090 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 states the criteria for a permit for permanent signs for each type of development
and/or corresponding zones. 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
MAXIMUM MAXIMUM MAXIMUM LOCATION
NUMBER SIGN AREA SIGN/LETTER
OF SIGNS PER SIGN HEIGHT
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Single Family
Residential Lots
See Section
21.41.100
Temporary
Signs
See Section
21.41.040
Signs Not
Requiring a
Permit
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TYPE OF
DEVELOPMENT
AND OR ZONE
Residential
Subdivisions,
Condominiums,
Apartment Projects
and Mobilehome
Parks
Commercial Centers
and Freestanding
Commercial
Buildings
TYPE OF
SIGN
Freestanding
Community/
Project Identity
Sign
Directory Signs
- Wall
Mounted or
Freestanding
Monument
Wall or Fascia
or Awning
Signs
Suspended
Directional
Sign
1 per entrance
to a building
I per street 50 SF (See
frontage Note #l below)
Commercial
Center -
Freestanding
Commercial
Building
Commercial
Center - I per
establishment
3 per
driveway
entrance
> 25 dwelling
units - 35 SF
(See Note #I
below)
G SF
150 SF
5 SF
G SF per sign
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MAXiMUM
SIGN/LETTER
HEIGHT
G feet above
average
grade/ 18”
4 feet above
average grade/6”
6 feet above
average grade /
18”
Varies/Tenant
Leased Space:
< 3,500 SF - 24”
3,500 - 10,000
SF - 30”
10,001 -50,000
SF - 36”
> 50,000 SF -
48”
Underside of
walkway
Underside of
walkwayl8”
4 feet above
average
grade/G”
LOCATION REMARKS
Driveway
entrance
Signs are to
be located
and oriented
to direct
visitors upon
entry into
the project
or building.
Primary
driveway
entrance or
at other
strategic
location
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.
Underside of
walkway
overhang at
90 degrees
to the
business
Establish-
ment
Should be
located to
facilitate
traffic
internal to
the site
1. Total sign
area shall not
exceed 1 SF
per each
lineal foot of
building
frontage.
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.
(see Note #2
below)
(see Note #4 below)
May not be
illuminated.
REM ARKi
Reader
boards are
allowed in
addition to
other signs
permitted for
Free-
standing
Commercial
Buildings.
Pole sign is
allowed in
addition to
other signs
permitted for
Commercial
Centers.
1. Must
include
building
address
2. (see Note
#3 below)
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TYPE OF
DEVELOPMENT
AND OR ZONE
LOCATION TYPE OF
SIGN
MAXIMUM MAXIMUM MAXIMUM
NUMBER OF SIGN AREA SIGNJLE’ITER
SIGNS PER SIGN HEIGHT
Drive-Thru Facilities r Restaurants -
2 per
establishment
Other Drive-
thru Facilities
- I per
establishment
6 feet above
average grade
12”
Wall or
Monument
Reader Board
24 SF per sign
t
Regional
Commercial Centers
Pole 1 per center 150 SF per 35 feet above
sign average grade
Near
primary
project
entrance
Monument 1 per lot 6 feet above
average
grade/S”
Office, Industrial and
Retail uses in the R-
P, 0, C-M, P-M, and
M zones (See Note
50 SF (See
Note #l below)
Near
primary
project
entrances or
at other
strategic
locations
Should be
located to
facilitate
traffic
internal to
the site
#7)
I 3 per
driveway
entrance
4 feet above
average
gradel6”
Directional
Signs
Wall
6 SF
I per building 50 SF Buildings < 35,000
SF in area
(see Note # 8 (see Note #M
below)/24” below)
(see Note # 8 (see Note #4
below)/36” below) - 60,000 SF in area
I/building or 50 SF Wall
2/building
(See Note ##5
below)
(see Note # 8
below)/ 24”
Wall l/building or 50 SF (see Note # 8 (see Note #4
below)/36” below)
Buildings > 60,000
SF in area
Z/building or (see Note # 8
below)/24”
(see Note # 8
below)/24”
3/building
(See Note #6
below)
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Ground Floor Retail Wall or Fascia
establishment with a Sign
separate building
entrance in a multi-
tenant building
located in the R-P, 0,
C-M, P-M and M
zones
Retail establishment
with a separate
building entrance in a
multi-tenant building
located in the R-P, 0,
C-M, P-M and M
zones
Suspended 1 per
Sign establishment
Wall or Fascia
or Awning
I 1 Directional
Wall
I[)irp.ionrl
MAXIMUM MAXIMUM MAXIMUM
NUMBER OF SIGN AREA SIGN/LETTER
SIGNS PER SIGN HEIGHT
1 per
establishment
20 SF Wall Sign-Not
permitted above
the plate height
elevation of the
ground floor/l 8”
5 SF Underside of
walkway I 8”
1 per each
project
entrance that
is located
along an
arterial road
I per street 30 SF per sign
frontage (see #I below)
2 Wall or
Fascia or
Awning Signs
per Building
(See Note #4
below)
Total sign area
for 2 signs
shall not
exceed .5 SF
per each lineal
foot of building
frontage.
3 per
driveway
entrance
I per street
frontage
6 SF per sign
35 SF per sign
1 per street
frontage
30 SF per sign
3 per
driveway
entrance
75 SF per sign 6 feet above
(see Note #l average
below) grade/l 8”
6 feet above
average
grade/l 8”
(see Note # 8
belowY24”
6 SF per sign
4 feet above
average
gradei6”
6 feet above
average
grade/l 8”
(see Note # 8
below)/24”
4 feet above
average
gradel6”
LOCATION REMARKS
1. Fascia
Sign -
Centered on
fascia,
directly
above
establish-
ment
entrance
1. Must be
oriented
towards the
parking area
2. May not
be illumi-
nated
Underside of
walkway
overhang at
90 degrees
to the retail
business
establish-
ment
Near
primary
project
entrances
May not be
illuminate
I. Fascia
Sign -
Centered on
Fascia
2.Awning
Sign - Over
doors or
windows
(see Note #2
below)
(see Note #4
below)
Illumination
is to be
external,
except for
channel and
reverse
channel
letters.
(see Note #4
below)
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TYPE OF
DEVELOPMENT
AND OR ZONE
Resort Hotels Monument
Gas/Service Stations Monument
Theater or Cinema Wall
TYPE OF
SIGN
Wall
Directional
Canopy
Fuel Pump
Pole
Attraction
Board (Pole or
Marquee)
Coming
Attraction
Poster
MAXIMUM MAXIMUM MAXIMUM
NUMBER OF SIGN AREA SIGN/LETTER
SIGNS PER SIGN HEIGHT
1 per street
frontage
50 SF per sign
(See Note #l
below)’
50 SF per sign
IO SF per sign
6 feet above
average
grade/l 8”
(see Note # 8
below)/30”
5 feet above
average
gradeJ6”
6 feet above
average
gradef24”
I per street
frontage
5 per
driveway
entrance
1 per street
frontage
4 per site
I per fuel
pump
1 per site
I per street
frontage
1 per site
I per screen
or stage
30 SF per sign
Total sign area
for all canopy
signs shall not
exceed 40 SF
2.5 SF per sign
50 SF
Total sign area
for all wall
signs shall not
exceed .5 SF
per each lineal
foot of
building
frontage.
100 SFplus 10
SF per screen
or stage over 1,
up to a
maximum of
160 SF
6 SF per sign
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Attached to
canopy, not to
extend beyond
or above the
canopy/l 8”
35 feet above
average
g&e/36”
(see Note # 8
below)/24”
Pole - 35 feet
above average
gradei24”
Marquee - (see
Note # 8
below)/24”
(see Note # 8
below)
T
Sign may
include
motor fuel
prices
Must be
designed as
an integral
part of the
canopy
structure
Marquee
signs must
be building
mounted.
Must be
building
mounted
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t TYF’E OF t TYI’EOF 1 MAXIMUM t MAXIMUM
DEVELOPMENT SIGN NUMBER OF SIGN AREA
AND OR ZONE SIGNS PER SIGN
~ Government, Church Wall I per street 30 SF per sign
frontage
MAXIMUM LOCATION REMARKS
SIGN/LETTER
HEIGHT
(see Note # 8 Illumination
below)/24”
Monument I per street
frontage
30 SF per sign 6 feet above
(see Note #I average
below) grade/ 18”
Directional
Signs
3 per
driveway
entrance
6 SF ~ 4 feet above
average gradei6”
Public Parks,
Playgrounds and
Recreational
Facilities
Produce/Flower
Stand in the E-A, R-
A and L-C zones
Monument 1 per street 30 SF per sign
frontage (see Note #l
below)
Directional 5 per 10 SF per sign
driveway
entrance
Wall Mounted 2 per produce 9 SF per sign
or Freestanding stand
located to
facilitate
traffic
internal to
the site
6 feet above Near
average primary
grade124” project
entrance
5 feet above
average gradel6”
Nursery, Freestanding I per site 35 SF
Greenhouse, Packing
Shed, Stable, Riding
Academy and similar
uses
P-U zone Freestanding I per street 35 SF
frontage
(see Note # 8
below)/24”
Freestanding - 6
feet above
average grade
6 feet above
average
grade124”
Wall
Directional
Signs
I per street
frontage
3 per
driveway
entrance
20 SF
6 SF
6 feet above
average
grade/ 18”
(see Note # 8
below)/24” I
4 feet above 1 Should be 1
average grade/c”
OS zone See Section
21.41.100-
Temporary
Near
primary
project
is to be
external,
except for
channel and
reverse
channel
letters.
1 entrance
1 Should be 1
Shall be
displayed
only during
the time
period the
produce is
available on
the property
Near
primary
project
entrance
located to
facilitate
traffic
internal to
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Note #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 wails are on both sides of
an entry drive, two (2) signs (each at the maximum square footage) are permitted.
Note #2. 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.
Note #3. 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.
Note #4. 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.
Note #5. No more than one (1) wall sign permitted along a building elevation.
Note #6. 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. Notwithstanding, the above, two (2)
wall signs along any other building elevation are only permitted under the following
circumstances:
. A building elevation must have a minimum of 150 lineal feet in order to have more than one
(1) wall sign along that elevation.
. The minimum spacing between wall signs along an elevation shall not be less than 75 feet.
. 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.
Note #7. 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.
Note #8. Wall sign must be located below the roof eaveline, and is not allowed on any
architectural projection, parapet or equipment enclosure located above the roof eaveline.
21.41.100 Permitted Temporarv Siqns
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.
/I/
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TABLE C
TEMF’OFWRY SIGNS PERMITTED BY TYPE OF DEVELOPMENT AND ZONE WITH A
TYPE OF
DEVELOPMENT
AND ZONE
Projects which are
under Construction
- all zones
Real Property
which is for rent,
sale or lease - all
zones
TYPE OF
SIGN
Wall or
Freestanding
Freestanding
sign displayed
on the
owner’s real
property or
real property
owned by
others with
their consent
(California
Civil Code
713)
MAXIMUM
NUMBER
OF SIGNS
1 per project
1 per
property
SIGN PERR
MAXIMUM
SIGN AREA
PER SIGN
Residential
Projects of 2
to IO units -
12SF
Residential
Projects of
more than IO
units,
Commercial,
Office or
Industrial
Projects
32 SF
Residential
Projects of 2
to 10 units, -
l2SF
Residential
Projects of
more than 10
units,
Commercial,
Office and
Industrial
Properties -
35 SF
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6 AXIMUM
SIGN/LETTER
HEIGHT
5 feet above
average grade
6 feet above
average grade
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
I. May not be
illuminated
2. Shall be
removed prior
to the granting
of a Certificate
of Occupancy
by the City
May not
project into
the public
right-of-way
1. May not be
illuminated
2. Residential
Projects - shall
be removed
from the
prope*y within one
year from the
issuance of the
first building
permit or
within 15 days
of when all the
properties are
sold or no
longer for sale,
whichever
occurs first.
3. Commercial
and
Office/Indus-
trial Properties
- shall be
removed from
the building or
property within fifteen
(15) days after
the sale, rental
or lease.
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TYPE OF
DEVELOPMENT
AND ZONE
All Commercial,
Dfflce and
[ndustrial zones
411 Commercial,
3fflce, and
Industrial zones
4ny Public or
Private Property
with a Special
Events Permit
(C.M.C. Chapter
8.17)
Community Event
at Public Parks/
Recreational
Facilities
2 .41.1
FYPE OF
SIGN
Banner
3anner or
;reestanding
Signs with a
remporary
Seasonal
Sales
,ocation
‘ermit
3anner or
zreestanding
Signs
Banner or
Freestanding
Signs
MAXlMUM
VUMBER
3F SIGNS
I per
:stabIish-
nent F
I per street
iontage
MAXIMUM
I
MAXIMUM
SIGN AREA SIGN/LETTER
PER SIGN
30 SF
1 HEIGHT
18 feet above
average grade
30 SF
50 SF
50 SF
.O Construction and Maintenance
LOCATION REMARKS
Attached to
monument or
wall at the
establishment
location
Must be
located on the
site of the
seasonal sales
Event
I. 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
See City
Council Policy
“Signs on
Public
Property”
Limited to the
time specified
in the Special
Events Permit
Private
Property -
Must be
located on the
site of the
special event
See City
Council Policy
“Signs on
Public
Property”
Limited to the
duration of the
event
A. Construction - Every sign, and all parts, portions and materials thereof
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.
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B. 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.
2 1.41.120 Removal of Siqns
A. Any sign which is unsafe, as defined herein, or which does not conform to
Uniform Building Code and National Electric Code standards, or installed or placed in the
public right-of-way or on public property contrary to the City Council’s policy, may be
removed by any officer or employee of the City designated to do so by the Community
Development Director without prior notice. Alternatively, the Community Development
Director may issue a notice of nonconformance and give the sign owner and/or the
property owner 15 days in which to cure the nonconformance. B. 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.
C. The time for removal or repair shall not be less than thirty (30) calendar
days from the date of mailing the notice for permanent signs and not less than fifteen
(15) calendar days for temporary signs.
D. Within ten (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. Such request must be made in writing and received by the City within the ten
(10) days after mailing of notice.
E. 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 thirty (30)
days after the date of receipt of the written request, unless the party responsible for the
sign requests a later hearing date. 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 ten (IO) days of the conclusion of the hearing; failure to give such notice of
decision shall result in the withdrawal of the notice of violation, but shall not prevent a
new notice of violation being issued for a different time period from that specified in the
original notice.
F. Whenever the permittee, owner or person in charge of the sign fails to
comply with an order of the Community Development Director requiring compliance with
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
ten (10) days of the conclusion of the hearing notify the person billed of any adjustment
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to the bill or any determination not to make an adjustment. This notification shall specify
the date by which such bill shalt be paid. Nonpayment becomes a lien on the property.
21.41.125 Appeal of Denial or Revocation
A. Any person seeking to appeal a decision of the Community Development Director
granting or denying an application for issuance of, or renewal of, a sign permit, revoking a permit,
or ordering the removal of a sign, must file a written notice of appeal with the Planning Director
no later than ten (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, which shall be held not later than thirty days after the
notice of appeal is received by the City. The time for compliance of any original order shall be
stayed during the pendency of the hearing before the Planning Commission.
B. The Planning Commission shall hold a hearing and provide the appellant with a
written decision within ten (10) days of the conclusion of the hearing. If the approval, denial,
revocation or removal order is affirmed on review, the appellant may file a written notice of
appeal to the City Council with the City Clerk no later than ten (10) days after the date of the
notice of the decision. The City Clerk shall then schedule a hearing before the City Council,
which shall be held within thirty (30) days of the receipt of the notice of appeal, and notify the
appellant, in writing, of the day, time, and location of the hearing; however, the hearing may be
held later than thirty (30) days upon the request or concurrence of the appellant. The time for
compliance of any original order shall be stayed during the pendency of the hearing before the
City Council.
The City Council shall provide the appellant with a written decision within ten (10) days
of the conclusion of the hearing. Any person dissatisfied with the City Council’s decision may
seek prompt judicial review pursuant to California Code of Civil Procedure Section 1094.8.
21.41.130 Nonconforming Signs
Except for normal repair and maintenance and any modification required for NEC
compliance, no nonconforming sign shall be expanded, structurally or electrically altered (not
including a change in sign face or sign copy), moved, relocated, unless it is brought into
conformance with all current provisions of this chapter. When a sign, which was in
compliance with all applicable laws in effect at the time it was originally erected, is physically
damaged, whether by vandalism, forces of nature, or other causes, the sign may be repaired or
restored to its original size, shape, height, orientation and message; however, the repair or
restoration must be done in a manner which complies with current building and electrical codes.
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 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 not earlier than
thirty (30) days after the removal of such sign.
21.41.150 Violations
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It is unIawfu1 for any person to:
A. Install, mount, affix, create, erect, display or maintain any sign in a manner
that is inconsistent with this Chapter or any permit for such sign;
B. Install, mount, affix, create, erect, display or maintain any sign requiring a
permit without such a permit;
C. Failure to remove any sign which the Community Development Director or
designee has ordered removed as being in violation of 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 may also Pursue mY
civil remedies provided by law, including injunctive relief, as to signs not in conformance with
this chapter:
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 Severability
If any section, subsection, sentence, clause phrase or part of this chapter is for any reason
found by a court of competent jurisdiction 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 (30) 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 (15) days after its adoption. Upon its effective date, Interim Ordinance No. NS-562 is
repealed.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 23rd day of OCTOBER2001, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of NOVEMBER 2001, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ABSTAIN: None .I /-
CLAUDE A. L
ATTEST:
I < A’* .‘jL. _--
+!k LOR NE M-&&ID, @y Clerk
KUNDTZ, Assistant City Clerk
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