Loading...
HomeMy WebLinkAbout2001-11-06; City Council; 16419; Sign OrdinanceCITY OF CARLSBAD -AGENDA BILL AB# [&-hq 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 c 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. 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. 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Carlsbad, California, does ordain as follows: SECTION I: That title 21, Chapter 21.41 of the Carlsbad Municipal Code is repealed and reenacted to read as follows: 21.41.005 Purpose 21.41.010 Applicability 21.41.020 Definitions 21.41.025 General Provisions 21.41.030 Prohibited Signs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 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. 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. -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 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. . -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 (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. -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 (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 -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 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 -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 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; 7 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; -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 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. . -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 (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 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 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. -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 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 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 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. 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 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. 1 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 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 -14- 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 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 -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 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. -16- 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 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 -17- Single Family Residential Lots See Section 21.41.100 Temporary Signs See Section 21.41.040 Signs Not Requiring a Permit -18- 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 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 -19- 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) 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 2.6 27 28 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) -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 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) -21- 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 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 -22- 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 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 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 ---t- -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 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/ Ill Ill -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 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 -25- 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. 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 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. -26- 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. 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 -27- 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 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 -28- 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 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. Ill Ill Ill -29- 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 -3o-