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Home My WebLink About2013-08-27; City Council; 21347; Sign Ordinance Amendment ZCA 11-03 LCPA 11-0422 CITY OF CARLSBAD - AGENDA BILL 21 347 SIGN ORDINANCE AMENDMENT, MUNICIPAL CODE AMENDMENT (PRIVATE PARTY) SIGNS ON CITY PROPERTY), CITY COUNCIL POUCY NO. 65 (SIGNS ON PUBUC PROPERTY) RESCISION AND ADOPTION OF MODIFIED MINOR AND MODIFIED REGULAR SIGN PROGRAM PERMIT APPUCATION FEES ZCA 11-03/LCPA 11-04/MCA 13-01 DEPT. DIRECTOR ^P^T^ MTG. 8/27/13 SIGN ORDINANCE AMENDMENT, MUNICIPAL CODE AMENDMENT (PRIVATE PARTY) SIGNS ON CITY PROPERTY), CITY COUNCIL POUCY NO. 65 (SIGNS ON PUBUC PROPERTY) RESCISION AND ADOPTION OF MODIFIED MINOR AND MODIFIED REGULAR SIGN PROGRAM PERMIT APPUCATION FEES ZCA 11-03/LCPA 11-04/MCA 13-01 CITY ATTORNEY f^/^l DEPT. CED SIGN ORDINANCE AMENDMENT, MUNICIPAL CODE AMENDMENT (PRIVATE PARTY) SIGNS ON CITY PROPERTY), CITY COUNCIL POUCY NO. 65 (SIGNS ON PUBUC PROPERTY) RESCISION AND ADOPTION OF MODIFIED MINOR AND MODIFIED REGULAR SIGN PROGRAM PERMIT APPUCATION FEES ZCA 11-03/LCPA 11-04/MCA 13-01 CITY MANAGER ^(j^.^ SIGN ORDINANCE AMENDMENT, MUNICIPAL CODE AMENDMENT (PRIVATE PARTY) SIGNS ON CITY PROPERTY), CITY COUNCIL POUCY NO. 65 (SIGNS ON PUBUC PROPERTY) RESCISION AND ADOPTION OF MODIFIED MINOR AND MODIFIED REGULAR SIGN PROGRAM PERMIT APPUCATION FEES ZCA 11-03/LCPA 11-04/MCA 13-01 CS-226 and CS-227 RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE Ordinances No. APPROVING an amendment to the City of Carlsbad Sign Ordinance (ZCA 11-03) and an amendment to the Municipal code to add a new Chapter 11.44, Private Party Signs on City Property (MG^ 13-01), AfiQH Resolution No 2013-213^ APPROVING a Negative Declaration, ADOPT Resolution No. —2013-214 > APPPgviN^a a Local coastal (LCPA 11-04) for consistency with ZCA l^^^S' ^^^"^'^^ f^^' 2013-215 RESCINDING City Council Policy No. 65 and ADOPT Resolution No.2Q13-?1g APPROVING new Modified Minor and Modified Regular Sign Program Permit application fees. ITEM EXPLANATION: Project Planning Commission City Council Coastal Commission Neg. Dec. RA X ZCA 11-03 RA X ** LCPA 11-04 RA X MCA 13-01 X City Council Policy No. 65 X Modified Minor and Modified Regular Sign Program Permit annliration fees X RA = Recommended adoption/approval X = Final City decision-making authority • = Requires Coastal Commission approval ** = Will not become effective until the Coastal Commission approves LCPA 11-04 1 The City's Sign Ordinance (Chapter 21.41 ofthe Carlsbad Municipal Code) was last comprehensively amended in 2001 Since that time, staff has identified a number of issues with the existing Sign Ordinance City staff prepared a Sign Ordinance White Paper for the City Council regarding identified signage issues withm the City^ On April 19 2011 the City Council discussed the Sign Ordinance White Paper at a public workshop and directed staff to amend the Sign Ordinance and City Council Policy No. 65 (Signs on Public Property) to address the identified issues. DEPARTMENT CONTACT: Chris DeCerbo 760-602-4611 chris.decerbo(S)carisbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED • DENIED • CONTINUED • WITHDRAWN • AMENDED •. CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • Poge 2 Consistent with this direction, this proposal involves a City-initiated Zone Code Amendment and Local Coastal Program Amendment to repeal and reenact the City's Sign Ordinance (Chapter 21.41 ofthe Carlsbad Municipal Code) to: (1) incorporate revisions to address first amendment issues associated with the permitted regulation of non-commercial signage; (2) provide more flexible sign development standards; and, (3) clarify the ordinance to make it more user friendly. The Sign Ordinance Amendment was also originally proposed to allow electronic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) that have frontage on a freeway (1-5 or SR-78) with a Regional Commercial General Plan Land Use designation subject to the approval of a Conditional Use Permit (CUP) by the City Council. However, the Planning Commission voted (4-2) to delete this provision from the recommendation. The Sign Ordinance Amendment text language to allow electronic message board signs or digital displays at regional commercial centers that was originally proposed by staff is included as Exhibit No. 8. The City has also received requests from a variety of non-profit and tourist organizations (i.e. Agua Hedionda Lagoon Discovery Center and the Chamber of Commerce) to allow them to post way-finding (directional) signs off-site and within the public right-of-way or on public property to guide residents and visitors to public buildings, public facilities, quasi-public buildings, cultural/historical destinations, tourist destinations and points of interest within Carlsbad. Accordingly, staff was originally proposing to amend City Council Policy No. 65 (Signs on Public Property) to allow for the City to post "Way-finding Signs" within the public right-of-way. The way-finding signs will function to provide off-site directional guidance and easier access to visitors seeking any of these destinations. However, for the specific purpose of giving this policy the force of law (and based upon recent advice from the City's legal counsel), City Council Policy No. 65 (Signs on Public Property), as originally proposed for amendment, is instead proposed to be rescinded and incorporated as new Chapter 11.44 to the Carlsbad Municipal Code, entitled, Private Party Signs on City Property. The current City Council Policy No. 65 is attached as Exhibit No. 12. This policy, along with recommended changes, have been incorporated into the newly proposed Chapter 11.44 ofthe Carlsbad Municipal Code (Exhibit 2). This item was originally presented to the Planning Commission on November 21, 2012, There was no public testimony regarding the item on this date. However, after staff's presentation and Planning Commission discussion, the Planning Commission provided direction to staff to revise the draft Sign Ordinance and City Council Policy No. 65 (Signs on City Property) to: 1) generally reduce the amount of signage flexibility originally recommended for nonresidential uses while allowing for an appropriate amount of sign flexibility for larger sized (+100,000 SF) nonresidential buildings; 2) to continue to prohibit electronic message board or digital signs within the City; 3) to continue to limit campaign signs within the public right-of-way to a maximum of 20 days preceding an election and to reduce the display time for campaign signs on private property from 45 days to 20 days preceding an election; and, to 4) allow off-site way-finding signs within the public right-of-way provided that they are uniform in design. Staff revised the draft Sign Ordinance and City Council Policy No. 65 consistent with Planning Commission direction, and on April 17, 2013, the Planning Commission voted (5-1) to recommend approval ofthe proposed ZCA and LCPA with 3 additional revisions including: • Reduce the size of temporary real estate signs for nonresidential properties from 32 square feet to a size deemed appropriate by the City Planner. Staff is proposing a size of 16 square feet; • Include a maximum flag size (24 square feet) for residential zones; and . Restrict the maximum number of wall signs to one for building elevations on restaurants, hotels or motels which front along State Route 78, Palomar Airport Road or El Camino Real. Pages These revisions have been incorporated into the ordinance. At the April 17th Planning Commission hearing, four representatives from Car Country Carlsbad addressed the Commission and requested that the original electronic message board or digital display sign provisions (discussed above) be included in the amended ordinance. The Planning Commission did not support this request in their recommendation to the City Council. Acknowledging this request, if the City Council is inclined to want to support electronic message board or digital display signs at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a Regional Commercial General Plan Land Use designation that have frontage on a freeway (1-5 or SR-78) subject to the approval of a Conditional Use Permit (CUP) by the City Council, then the City Council can either add the staff-proposed text language regarding digital signs from Exhibit No. 8 back into the Sign Ordinance or opt to direct staff to amend the existing Car Country Specific Plan to incorporate this text language into the Specific Plan. The City Council adopted Westfield Carlsbad Specific Plan provides the City Council discretion to permit digital display signs upon City Council approval of a Sign Program and Conditional Use Permit. Subsequent to the review of the amended Sign Ordinance by the Planning Commission, two definitions ("Billboards" and "General Advertising") have been revised, based upon the advice from the City's legal counsel. FISCAL IMPAa: The Planning Commission and Staff are recommending approval of two new discretionary review processes to vary from the sign standards (either through a Modified Minor or Modified Regular Sign Program Permit). The City Planner would be allowed to approve variations in the permitted number, area or height of signs by up to 15 percent through a Modified Minor Sign Program Permit, and the Planning Commission could approve variations from 15 percent+ to 30 percent through a Modified Regular Sign Program Permit. There will be staff costs to the City associated with processing Modified Minor and Modified Regular Sign Program Permits, therefore staff is recommending that the City Council adopt new Modified Minor and Modified Regular Sign Program Permit application fees. Since the Modified Minor Sign Program Permit review process as proposed will duplicate the City's existing Administrative Variance (AV) and Minor Conditional Use Permit (CUP) review processes, staff is recommending that the new Modified Minor Sign Program Permit application fee be equal to the existing AV and Minor CUP application fees ($724). This new $724 fee will cover the staff costs for processing a Modified Minor Sign Program Permit. Similarly, since the Modified Regular Sign Program Permit review process as proposed will duplicate the City's existing Variance (V) review process, staff is recommending that the new Modified Regular Sign Program Permit application fee be equal to the existing Variance application fee ($2727). This new $2727 fee will cover the staff costs for processing Modified Regular Sign Program Permits. ENVIRONMENTAL IMPACT: Staff conducted an environmental impact assessment (EIA) to determine if the project could have a potentially significant impact on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) ofthe Carlsbad Municipal Code. The EIA concluded that the project would not result in a potentially significant impact on the environment. In consideration ofthe foregoing, the City Planner issued a Notice of Intent to adopt a Negative Declaration for the project on July 13, 2012. No comments were received during the 30-day review period (July 13, 2012 - August 13, 2012). Page 4 EXHIBITS: City Council Ordinance No.. City Council Ordinance No.. City Council Resolution No., City Council Resolution No. City Council Resolution No. City Council Resolution No. CS-226 (ZCA 11-03) CS-227 (MCA 13-01) 2013-213 (Negative Declaration) 2013-214 (LCPA 11-04) 2013-215 (Rescind City Council Policy No. 65) 2013-216 (Modified Minor and Modified Regular Sign Program Fees) Planning Commission Resolutions No. 6926,6927 and 6928 Sign Ordinance Amendment text language to allow electronic message board signs or digital displays at regional commercial centers that was originally proposed by staff 9. Planning Commission Staff Reports dated November 21,2012 (without attachments) and April 17, 2013 (with attached strike-out/underiine version of the Sign Ordinance that only includes the revisions based upon Planning Commission direction) 10. Excerpts ofthe Planning Commission Minutes dated November 21,2012 and April 17,2013 11. Strike-out/Underiine version of amended Sign Ordinance 12. City Council Policy No. 65. 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 npniMAMrP NQ. CS-226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING AND REENACTING THE CITY'S SIGN ORDINANCE, TITLE 21, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE. CASE NAME: SIGN ORDINANCE AMENDMENT fASF NO.: 7rA 11-n3/LCPA 11-04 . WHEREAS, the Sign Ordinance was last comprehensively amended in 2001; WHEREAS, since that time staff has identified a number of issues with the existing Sign Ordinance which were identified in a "white paper," dated April 12, 2011, to the City Manager; and WHEREAS, on April 19, 2011 the City Council discussed the Sign Ordinance and "white paper" at a public workshop and directed staff to address the issues identified in the "white paper" through an amendment to the Sign Ordinance. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That Chapter 21.41 of the Carlsbad Municipal Code is repealed in its entirety and reenacted as follows: Sections: 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 and modified 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. -1- 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. 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 21.41.005 Purpose. , . , j A The purposes ofthe sign ordinance codified in this chapter mclude to. 1 implement the city's community design and safety standards as set forth m the general plar.;^_^^^_^ and enhance the city's appearance by regulating the design, character location, number, type, quality of materials, size, illumination and mamtenance '^'""'3 Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of sins ge^er^^^ the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics; mterests m trat^^^^.^^ P ^^^^^^ ^^^^^^^ ^e6esXnsns and motorists posed by nff-Qitp qjgns bearing commercial messages; off site ,gns bear ^^^^ ^^^^^^^.^^ ^.^^^^^ ^^^.^^ ,^ ^„ , the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the pubhc; 6 Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages; noncommercial PJ 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 penod preceding election.^ 3nd Improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic (i.e., traffic dlec^fonal signs? without an excess of signage which may distract motorists, overload theircapacity to quickly receive information, visually obstruct traffic signs or otherwise create c-sestion^an^^^^^^^^^^^ ^^^^^^^ ^^^^^^ ^^3^,^ p,,3te "'"''"''Io 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 resultfrom --^^^-Be; ^^^^^^^^^^ ^^^^^^^^ ^^^^^^ p,,3„„, who choose to live, work or do business in the city; . uu u who choose to^^^^^^ ^^^^^^.^.^^ ^^^,^^^^.^1 ^^^^^ neighborhoods by generally forbidding commercial signs on private residences while ^""-'"gj-^'den ^ the opportunity, within reasonable limits, to express political, religious and other noncommercial messages from their homes; and , . .u,, ,ian 13, Enable the fair, consistent and efficient enforcement of the sign regulations of the city. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 19 20 21 22 23 24 25 26 27 28 A'-^'TPTOV* this Chapter shall apply generally to all zones established by this T' properties and uses in the village review (VR) zone are regulated ''V ^he s^^^^ standards ofthe Carlsbad village master plan and design manual, and then, to the e><tent not covered by said master plan and design manual, by the provisions °f this chapter^ C Signs on city property, both within the village review zone and other zones, are controlled by other provisions of the Carlsbad Municipal Code, not by this chapter. D in those areas of the city where master plan or specific plan sign standards or s gn programs are adopted by ordinance as spedal zoning regulations, those ^'g" ^ - sign programs shall apply; however, the "message substitution" provisions ofthis chapter, section 21 41.025(2), shall apply to such programs and plans. E Al other Ign programs that were approved prior to the effective date of this chapter but not by ordinance, are subject only to the "message substitution" provisions of this chapter (section 21.41.025(2)). j r „,4 thk rhanter mav F 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 ,y irconforman;e with the standards, procedures and °ther requirements^^^^^ chapter. The standards regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise stated. W°he:e:rt"he following terms are used in this chapter, they shall have the meaning -tablished by this se^^^ ^.^^^ ^^^^ ^^^^^ a. Sign is located on property that becomes vacant or unoccupied for a period of at least 90 days, . , . b. Sign which pertains to any occupant or business unrelated to the nrpmisGs' oresent occupant or business, or premises prese j^^^^ ^ ^.^^^ ^^^^^ ^^^^^^^ ^^.^^ 3ppl,33 2 "Abate" means to put an end to and physically remove. Discontinuance of a sign without removal ofthe entire sign structure shall not constitute abatement. 3 "Advertising for hire." See "General advertising." 4. "Address sign" means the identification of the location of a building or use on a street by a numb^er(s)^^^^ ^^^^^ ^ ^^^^^^^^^^^^ ^^^^^^^^ 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," functionally similar signs are also within this definition. 6 "Animated sign" means any sign with action or motion or color changes, whether'or not requinng electrical energy or set in motion by wind This definition excludes flags and does not apply to electronic message boards or digital displays, excludes flags l^^^^^^,^^ ^^^^^„ ^^^^^ ^ ^.^^ ^3p3b|e of supporting copy which is readily changeable, such as theater marquee, and which refers to products, services or ^°'"'"\^""*^°AVer:g^g^d"• means the average level of the finished surface of the -3-1 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 arnund directlv beneath a monument or pole sign. , ground directly ^^^^ 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 ^ door, entrance window, architectural feature or outdoor service area. A marquee is not an awning or """"^lO "Balloon" means a small inflatable device used for purposes of commercial sienaae advertising or attention getting. See also "inflatable signs." ll Banner" means any sign made of cloth, lightweight fabric, bunting plastic, vinvl naoer or similar material that is permanently or temporarily placed on, or affixed to, Tai prope" rin'location where It is visible to the public from outside of the building or ctnirturp A flag as defined, shall not be considered a banner. structure^ Aflag a^s^de^^ ^ ^^^^^^.^^ ^.^^^^^.^^ ,3^^^ ,„eg lights spot lights, search lights, projected Image signs and similar devices) with one or more beams Lj^cted into the atmosphere or directed at one or more pom s away from the light Tource and used for purposes other than police, fire, public safety or news gathering operation. ^^^^^^ ^^^^^ ^ .^^ ^^^^^^^ ^^.^^^ 3 ,,,,, nr qeatins area at bus stops or other such pedestrian areas. °''''* ;4 Billboard" means a permanent structure sign in a fixed location which meets anv one or more of the following criteria: a. The sign is used for the display of off-site commercial messages, b The sign is used for general advertising for hire; c'The sign is not an accessory or auxiliary use serving a principal use on the •;ame oarcel but rather is a separate or second principal use of the parcel; same parcel, but r^^^ sign is a profit center on its own, and in the case of mu tiple principal uses on the same parcel, the sign is distinct from the main operations of the principal use on the parcel; e The sign is a non-accessory use. 15, "Building elevation" means the front, rear or side of the external face of a ^"'"""'le "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 he mam Tntrance eits For the purposes of calculating permitted sign area, every building has on rone bu d ng frontage. If more than one business is located in a single building, then area shall be limited to that portion which is occupied by each individual business or establishment. ^^^^^ ^ .^^^ ^ ^^^^^^ de of bronze or similar material permanently affixed to a public building or buildmg of designated ^^-^^^^^^^^^ ^ ,,,,,, 3 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. 19 "Canopy sign." See "awning sign," , , . . 20 "Changeable copy sign" means a sign or portion thereof with charac ers^ letters or illustrations that can be physically or mechanically changed or rearranged w"hout altering the face or the surface of the sign. This does not include a digital display. -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 21. "Channel lettered sign" means a sign with individually cut, three Himpnsional letters or figures affixed to a building or sign structure, dimensional letters means all land located within the corporate limits of the city to which the City holds the present right of possession and control or Pa^ he public right-of-way located within the city. The definition also includes facilities and property owned^^o^^^^ a commercial development that includes predominantly retail businesses with access driveways or parking spaces shared by one or .ore of the ^^f^^^^^^^ ^^^^^^„ ^^^^^ ^ ^,,3,, 3nimal attired or decorated with commercial insignia, images or symbols, and/or holding signs d'-Pj J/^^^^^^^^ messages. Includes sign twirlers and sign clowns, but does not mclude hand-held signs .splaying non^e^^^^ or "commercial message" means any s^ or .gn coDV Jth wording logo or other representation that directly or md.rec ly names, advert"e oTca aUention to a business, product, service or other commercial activity or wSp"^^^^^^^^^ a commercial transaction or relates primarily to commercial or economic '"''''''26 "Construction sign" means a temporary sign displayed on real Property on .,hirh rnnstruction of new improvements is occurring during the time period which Tels wi h^" the first necessary permit for the construction and ends with the lateTof an^^ the following, or their functional equivalents: notice of completion or certificate of o«^ means stone or other wall portion laid at or near the foundation of a building and which indicates in permanent markings the year of rnnc;truction Also called "foundation stone." • , rn construction, Als ^^^^^ ^ ^^^^.^^^ ^^^^^^ .^^^^ presentation using LCD (liquid crystal display), LED (light emitting diode), plasma ^^^P'^V^'7^^,^;^^^^^^^^^^^^^^^ other functionally equivalent display technologies. Signs using such d'^P'^V ~ called by various names, including, CEVMS (commercial electronic variable "^ess ge igns or chanseable electronic variable message signs), electronic message boards, electronic lder boart dynamic signs, digital signs, electronic signs, message centers and similar 29, "Directional sign" means an on-site sign designed to guide or direct npdestrian or vehicular traffic to uses on the same site, ''' To .'Directory sign" means a sign listing the persons, activities or tenants located on-site, , . 31 "Eaveline" means the bottom of the roof eave or parapet. 32 "Establishment" means any organization or activity which uses land fo ourooses other than residential use. It includes all business and commercial uses, as well r«na[, public, semi-public and other '^o^co.,^:^^^ .^^^^^ ^ orivate residential uses; however hotels, motels, inns, bed and breakfast places, etc. are Thin this definition. Automated facilities, which have live durins limited or maintenance hours (i.e., power transformer stations, broadcasting towers, water tanks, weather data collection stations, vending machines, etc.) are not within this definition. -5-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33 "Externally illuminated" means illuminated by a light source that is located externS'to the sign surface. This method of lighting may include, but is not limited to, spotlig^ingorb^^t^^ .eans a sign fastened to the exterior walls of a building exposed to public vl^S^^ ^l^^^^^^^ to or engraved in the band or board at the edge of a roof ov^^^^^^^^^^ ^ ^^^^ , fabric paper or plastic, usually used as a symbol of a government, political subdivision, user retail bus ess, or a noncommercial use located in a zoning district where ommeS I act ^es are allowed, that has direct vehicular access to an adjacen street^ """'38 'Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and pole signs, attached^toanybu^^^g ^^^^^ ^ ^^^^^^^^.^^ ,^^3,,d on a property that is contiguous to a freeway interchange, ' ' 40 "General advertising" means the enterprise of offering sign dMay sp c^^ for a fee or other consideration to a variety of advertisers, commercial 0;^"°"^°^;^^^^^ for a fee or otn^^^^^ ^^^^^^ ^^^^^ ^^^^^ ^.^^^ communication devices which are held bv or otherwise mounted on human beings or animals. heldby orotne "mflatable attention-getting devices" means any 42. mtlataoie signs attached or tethered to the ground, site, device filled with air or gas, that ts , attached or teinere J> Within this definit-.n^ niuminated" means the illumination of the sign face from behind s! that the light Ihines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face. 44, "Logo" means a trademark or symbol of an organization, belief system or '""""is "Marker board" means a board designed for displaying images made by rh.ll< markers or similar devices; includes devices commonly known as blackboards wibrds and chlboards. Also includes devices sold under commercial names such as Promethean Boards, Activeboards, and functionally similar devices, as ean ^^^^^ ^ ^^^^^^^^ ^^^^^^ ^^^^^^^^^ 3„3,^ed to and .uooorted bv a building and projecting near or over private sidewalks or public r,ghts-of- r;^neraNy loSt^near the'entrance to a hotel, theater or entertainment use, and "^^^^^^/'^^'"UlTpSl'^^fanT:^ prepared and adopted pursuant to Chapter 21,38 of this cod^.^^^^^ ^^^^^ ^ ^^^.^^^ ^^.^^ p .^3^^ ,3 display o, general ^d-Jsing messags)^^^^^ ^ ^^^^^^^^^^^^ ^^^^^ ^^.^^^ that rests'upon the ground and of which the display or copy is an in egral part of the design A monument sign does not include poles or pylons. Contrast; pole sign. -6-6 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 50. "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, 51. "Multi-tenant building" means a nonresidential building in which there exists two or more separate nonresidential tenant spaces, businesses or establishments. 52. "Neon sign" means a sign that utilizes neon or other fluorescing, inert or rarified gases within translucent tubing in or on any part ofthe sign structure. 53. "Noncommercial message " means any Image on a sign which conveys or expresses commentary on topics of public concern and debate, including, by way of example and not limitation, social, political, educational, religious, scientific, artistic, philosophical and charitable subjects. This definition also includes signs regarding fund raising or membership drive activities for noncommercial or nonprofit concerns. 54. "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 or other later enactments. 55. "On-site sign" means 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. On-site can mean more than the exact same parcel or premises, upon which the sign is located if that site is part of a larger commercial center, as to any store, business, or establishment that is within the commercial center. A sign program may define "on-site" in a manner which applies only to that program. The on-site/off-site distinction applies only to commercial messages. 56. "Off-site sign" means any sign that gives directions to or identifies a commercial use, product or activity not located or available on the same premises as the sign. The on-site/off-site distinction applies only to commercial messages. There is no location criterion for noncommercial messages. 57. "Pennant" means an individual or a series of lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, designed to move in the wind. 58. "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. The message display of a sign may be changed without affecting its character as a permanent sign. 59. "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. 60. "Pole sign" means a freestanding sign that is greater than six feet in height and is supported by one or more vertical supports. The definition applies even if the support poles or pylons are covered with cladding or skirting. 61. "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 or water vessels. 62. "Premises" means the place where a business or other establishment is -7-// 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ...0,0*.,.=*..— o„ *. *n » includes one "^^^s a'^.a or strip of land, either public or private, on Which an'irrevo'Se rilhWpassage has been recorded for the use of vehicles or pedestrians or both^ ^^^^^^^ ^,„„^ part upon u f Innfnf a building For purposes of this chapter, any portion of a £dtgir:rrehrd?hl;^^^^^^^^ of^ buHdmg Shall be considered part of .rm, gShic, ril^^eSirS^vTlnrare k within the definition of "sign" for the regulatory ^^^^^^l^^^^ required by a court or public agerjcy b. Decorative or architectural features of buildings (not mcluding letters, ^^^^''^"'=°7tlfdar?ecorations and lights, in season, clearly incidental to and associated with ho^s or cultural observances and wh^ a. on display on a given parcel for not more than forty-five calendar days in a calendar year, d. Building markers, as defined herein; p Cornerstones, as defined herein; f'symbc^^. or Insignia which are an integral part of a doormat or welcome -8- g. Items or devices of personal apparel or decoration but not including hand held signs or commercial mascots; h Marks on tangible goods, which identify the maKer, sener, w lopnuln.; „„„^„ „j ,„„i„g of .»x.d,o,h.l,m«^^^^^^ ..nd,., .nd .««.. W«ng no, o,h.™i=. ,.g.«.d b, .,„n an .ncl.s.d «uc.u,. .nd .r. ''"•^'''Idr.t™.:^^^^^ b.nne,. —d on .o.ed b.h»d .r„.«,«g ^' ..r,,!,T „ .irolane, dirtBlbte, «m«bered blimps and tbe lite ..b,.,..wblcb,.,all,p«stb™^^^^^ ,„,^„ „, „o„oo™.,o,arn,.= oS ."^^^^^^^^ J-'^ ^ p„po„d f;:'^^:-:!^rj:x~s.. .coo...., b„.. on,, a bdildln, .nd ... no. M.nd.d » d.a« att.n.lon .. «s., p^duC »™,c. 71 -Sign „..• means .he display or m.ss.g. «" °' „™p«slgn.j..,.^»^^^^^ abo.. iad. o,„o«nd\.».a.b. Tb. m..b.ds ., calc.la.ln, sl.n b.igb. a,. s..,.d ,n ofthis code. -9-(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 76 "Specific plan" means a plan prepared and adopted pursuant to Section 55451 of the ^^f^^^^^^^^^^^^^^^ ...nce along which a lot line adjoins a public street from oneTtte^^^^^^^^^^^ said street to the furthest distant lot line intersecting the same street, corner lots have at least t^^^^^^ ^ ^^^^^^^^ 19. "Susoended sign means a sign nung nuin ^^^^ pedestrian arcade or covered walkway, usually at approximately ninety degrees to the ''"'''^'"^''^'TTflSanding sign" means a monument or pole sign that is greater "TtioS^seasonal sales permit" means a permit to allow outdoor seasonal and hoS sales, including, but not limited to, Christmas trees, pumpkins and flowers, on private property. cardboard wood, plastic, Qi "Tpmnnrarv sign" means a sign, includmg paper, caraoodiu wu , K synthetl!'fabricTS Aerials, which by virtue of its physical nature is not suitable '-'^'''r'^^^^ a Sign Which indicates place, location or directionforthelnformat.^^^ immediate peril or reasonably .resee ble threrf^i" oroamage to persons or propeny o^^^^^^^^ parked on or move on public roads, as well as a sign mounted upon a water vessel which may legally ^r,::::^^^^ a sign mounted upon a water vessel which may legally n,ove upon the waters^ ^ ^^^^ ^^^^^^ ^^3^ ^^^^ p,„j t extend more th^^ S incTef^om the wall, which is confined within the limits of an -"^r %tSw'SS:s°:n;irp:ieT. affixed to the inside or outside offered for sale. chapter. rr *e X.™ o.n.,b.,o,. .n, sign ma, b. d,spl.,ed.»an,,..,o,pe,so_ Other provisions ofthe Carlsbad Municipal Code. 2. Message Substitution. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a Subject to the owner's consent, a noncommercial message of any type may be substituted for all or part of the commercia, or noncommercial message on any Sign allowed pursuar. to tl^^^^^^^ may apply to commercial signs, such as color a L^.o.s„^^ number oftlmes, in whole or in part. substitute a • t- esLS: yle^t sTat oraTl.lL^L'^Ign, provided the sign Is a„ applicable ^^^^'^^Z:::^^:^. is substituted for any other message the Sign is still luE to the same location -d -tu. regu,^^^ :rrrr::erd\r:rrc':rr or some other noncommercial message, provision to the f. This substitution provision shall prevail over a"y °tn P —rsJ:;;;::ar::r:i'^ chapter was enacted. ' ?ae;:: a'^i^ghu: Sease the tota, amount of signage on a parcel, lot or land use; 1^ ,,^ jhe physical expansion of an existing sign; , . . „ iii. Affect the requirement that a sign structure or mounting device be properly permitted; ^^^^^ ^ ^^^^^^ ^^^^^^^^ 3 -.s mounting " V Allow the substitution of an off-site commercial message in place of anon-sitecommerc-^mes^^^^^^^ provision, on a^ni" e^al'Varcel, any unutilized sign ^^:Z:::t::^<^^ "^^"'^ r i::s)'m;yt :s:rtr^dis:an^rm^:S m^i: a permit for such approval process), may be usea lo aib^ y mounting device is subject to a s.^:eTrtd:r::rgr tr r.:c«,, P.^.,,. ond., .ne Be..,,. Code. ' rradd^itir'tftre Sign dlsp^y area available under the message substitution pro'vi:on,Cs displaying non-commercia, messages only are allowable at all -------r':;;Te:::rirr:=^:Trr;ign qualifies as a structure requiring a building permit or an electrical permit; -11-1^ 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ii on parcels where the principal use is residential, the allowable display .,.alsSs,o.,..«P..,e.ld«^^ -rr.«tt:2Xirre:r-^ 4 Legal Nature of Sign Rights and Duties. , Al rlRhts duties and responsibilities related to permanent signs attach 0, an, sign p.,- ^omC-ll. bold.,, .be o.n.,.b. sign, .be p.p.« o-.e, o, the person mounting the sign. R Transfer of Signage Rights. tran«;fprrpd a Rights and duties relating to permanent signs may not be transferred '—"*"Trr,ird°s.^ shall automatically transfer with the right to possession of the real property sign is located. ^^^^ ^^^^^^^ip of signs, and does not prevent a given slTfrlTIg moved from one location to another, so long as the sign is properly permitted in the new location. aTe'sponsibility for compliance with this chapter is joint and severable as owners of record of the property on which a sign is displayed. 7. Discretionary Approvals. Pm^ram or Special a Whenever any sign permit, variance, CUP, Sign Program o^^P^^ ;u^taf She"::'—. -atln, setback, illumination, spacing, scale and mass of the -u^u-.^etc ^ ^^^^^^^^^ ^^^^ ^ ^^^^ p^^^^3^_ 3,, as applicable to commercial message signs. the Sign related rrghTarLponsibilities applicable to any particular parcel or land use shall be determined^a^sJoHows: ^^^^ ^^^^^ ^^^^^^^ ^^^^ ^^^^ ,^^3^^, 3 ,,,, ..ereauseofthattype^^^^^^^^^^ where that parti^uir::: would be allowed, e.her as a matter of right or subject to a conditional use permit or similar discretionary permit. 28 /// -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5. 6. 7. 8. 21.41.030 Prohibited signs. orohibited in all zones of the ::rrrf r pt:"s» *r;o",'.;°i„.im.. "'Tbtdoned signs, Induding .bel, st,octo™! and suppor.Si I ;r:f.S~""». Ilml..d » Signs .ba. mo.e, b.n. ,l.sb, *'"'%*-lSnrrrn£a"Sn..,de.lees,.sde,n.dbe,.ln; Beacons, as defined herein; Billboards, as defined herein; Bus stop bench/shelter signs, as defined herem; °'' Q' ExDOsed neon lighted signs on any building elevation that faces and ,s message; ^ .. 11 Marker boards, as defined herein; 12 Mobt bniboa;ds or any other type of vehicle that is moving or parked on city streets whose primary purpose is d'splaving general adver^sin^^^ ^^^^ 13, Off-site commercial signs excluding real estate tor saie sigi w 14. Portable signs with commercial messages; except for temporary signs as indicated in Sections 21.41.040 and 21.41.100; fe SnlSached to trees, plants, rocks, fences, utility poles/cabinets or other objects, the primary function of which is not t° 5uPP°rt a sign; ^ 17 Signs physically blocking or impedmg the free passage o IJ •^""^•^S^^'in^e^Sror^ver city property including public easernents and public r hts-o?way, xSt those needed for traffic and public sa^ty regulation and :r :t^^rrig?^ or us. wor., symbols or charactrin such a manner as to be reasonably likely to interfere with, "'^'^^^.r°1rnrtrt^r::ttmt;S appHcab. umform Bui^mg code as adopted by Carlsbad and National ---ode as adop^^^^ Carlsbad; ^^^^ ^^^^^^^ .anner^^nd pl^xc^as ^ov^d for in Sections 21.41.040 and 21.41.100; and 22. Unsafe signs, as defined in this chapter. 28 /// -13-17 21.41.040 Signs on private property not '•=^"''•'"6 ^ J^^/J' ^,3.,, 3,^3 3nd number The signs listed in Table A do not require a s'g" pe^'t and t*. « , shall not be included in the aggregate area or number of signs subjec requirement, for any given property. Table A Signs on Private Property not Requiring a Sign Permit 19 20 21 22 23 24 25 26 27 28 •14- 1 Description of Type of Sign Sign Maximum Number of Signs IVIaximum Sign Area Maximum Sign/ Letter Height Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below 6 feet above average grade or 3.5 feet above average grade if in the front yard/—. 1. Maybe located on any private property, with owner's consent '1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Description of 1 Sign fype of Sign Maximum I Number of J Signs Vlaximum Sign 1 Vrea 1 Maximum Sign/ i Letter Height J j \.dditional Sign Standards - See Sections 11.41.070- n.41.090 and those listed below 1 Flags in nonresidential zones Pole Freestanding or mounted on the side of a building Maximum of 3 flags per nonresidential establishment 24 square feet per flag. Flag Pole Height: The lesser of 3 5 feet or the height ofthe tallest legally permitted structure existing on the premises/ Flags in residential zones Pole ~ Maximum of 2 Freestanding or flags per mounted on the side occupied of a building dwelling unit. 24 square feet per flag. Flag Pole Height: The lesser of 35 feet or the height ofthe tallest legally permitted structure existing on the premises/ Flags with commercial images are not allowed in residential zones. Temporary signs j attached to parked or stationary vehicles visible from the public Window (Inside) 2 per vehicle 10 inches by 12 inches per sign. JNO iimiiaiion u sign is not visible from public right- of-way. rieht-of-way 1 Signs Does noi appiy >-»-' "general permanently attached to or painted on vehicles, with non-changeable copy, used in the day-to-day operations of a business advertising" or "mobile billboards." 21 41 050 Application and permit procedures. A, • Sign Permit Required .^^^^ ^^^^^^ ^^^^ ^^^^^^ ^^^p^„,_ 3 ISm^TsirnrilirordLell^^ -^-r ^ "r::^:^:::^ -"PJ to sign permits Which are not associated with a sign program. Permit applications for sign programs are regulated by section 21,4L060^ permit shall not be required for cleaning or other normal maintenance of an existing sign, unless a °-'f ^t^aT'relilt ^ or other A Nn sien oermit is required when a political, religious OT " noncommercial message is substituted for another commercial message on a pre-existing "when a noncom'mercial message Is substituted for a noncommercial message on a properly permitted sign. -16-7d 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 Application for Permit. 1 The application for a sign permit shall be made in writing on the form provided by the city planner and shall be accompanied by the required fee. Such application shall set forth and contain the following information: .-^^^..^.n. a A drawing to scale showing the design of the sign, mcluding dimensions sign size, colors (applies to commercial message signs only), materials, method o 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 ,t relates; b 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 vehtuTar access points and existing buildings or structures and off-street parking areas '°"^^'°"^'^Tfnumber, size, type and location of all existing signs on the same building, lot or P« .^^^^^^^^.^^^ ^^^^,33,^ ,,3,,e compliance with the latest adopted building code and electrical code. . ,„> *h,t C Fees All signs require a sign permit fee and plan checking fee (i applicable) that shall be paid in accordance with the schedule established by resolution ofthe city council. D Method of Review. , , - „ 1. The purpose of a sign permit Is to ensure compliance with the provisions of this chapter and the relevant building and electrical codes, 2 After receiving a complete sign application, the city planner shall render a decision'to approve, approve with modifications or deny such sign application within Jfteen days; however an approval with modifications shall be limited to requiring ^"'"''''r "te ap'plSon shall be approved and the permit Issued whenever the proposed sign meets the following requirements; ,,,„rf„Hc fnr a 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; b The proposed sign is consistent with any applicable sign program; and c' The sign conforms to the construction standards of the latest adopted building and electrical codes, E. Revocation or Cancellation of Permit, ,tu„h^iHpr 1 The city planner shall revoke any issued permit upon refusal of the holder thereof to comply with the terms ofthe permit and/or the provisions ofthis chapter after written notice of noncompliance and fifteen days opportunity to cure. 2 If the work authorized under a sign permit has not been completed within six months after the date of issuance, such permit shall become null and void. 21.41.060 Sign programs and modified sign programs A. P"^P°=e^.^^ ^^^^^^^ ^ ^^^^ ^^^^^^^ ,^ .^^^^^^^^ ^.g^^ ^.^^ 3 p^^jg^t,3 building,'site and landscaping design to form a unified architectural statement. B. Applicability. 1. A sign program shall be required for: a. Master plans, -17- 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c N^ontsiJeTtial projects requiring a site development plan processed Dursuantto Chapter 21.06 ofthis code, and pursuant ^P^^^^^^^.^, ^^.^^ developments of greater than ten acres in area. 2 A sign program may be proposed for all other types of development riroiects or discretionary permits not listed in Subsection 21.41.060.B.1. projects^or discret JP ^^.^^^^ .^^ ^^^^^3,^^ 3 3.,^, p.^gram, no sign permi shall be issued for an individual sign, unless, and until, a sign program for the project, lot or buJding on which the sign is proposed to be erected has been approved by the city in conformance with this chapter, C Sign programs and sign standards modifications. ,„^,„„„ 1 in programs may establish standards for sign area, number, location, and/or dimension that vary from the standards of this chapter as follows: a A sign program that complies with the standards of this chapte shall reguire the approval of a ministerial sign program application by the city planner provided that aH of the findings of fact listed in Section 21,41,060,6. of this chapter can b A sign program proposal that exceeds the standards of this chapter by nn tn 15% Shall require the approval of a modified minor sign program discretionary ^pSation bythXplanner'p'rovlded that all of the findings of fact listed in Section 21.41.060.H. ^^ff^^;^^;:^, ,,3, 3.ceeds the standards of this chapter by greater than 15% up to 30% requires the approval of a modified sign program dlscSonary application by the planning commission provided that all of the findings of fart listed in Section 21.41.060.H. of this chapter can be made. fact listed in Sectio^^^^ calculating the permitted number of signs allowed by a sign program if the 'calculation results in a fractional sign of .5 or greater, then the fraction may be rou ded up to the next whole number. If the calculation results ,n a fractional In of less than ,5, then the fraction shall be rounded down to the next whole number, sign of than ^^^^ ^^^^^^^^^^^ ^^^^.^^^^ ^^^^^^ .^^^ 3,,^^^^ 3 ^ sign program, if'the calculation results in a fractional sign, then the fractional sign may be rounded UD to the next whole number. rounded up t ^ ^^^^ ^^^^^^^ ^^^.^^ ^^^^^^^^^ ^^^^^ 3^^,^ noncommercial g All sign programs must incorporate the provisions for substitution of noncommercial messages as specified in Section 21.41.025.A.2. Message substitution aoDlies but may not override contrary provisions in leases. applies y ^^^^^^^ ^ ^^^^^^ ^^^^.^.^ pl3^_ ^.^^ p^^g^3^ application may not be used to permit a sign type which is otherwise prohibited. D AoDlication and fees. , 1 An application for a sign program, modified minor sign program or modified Sign program may be made by the owner of the property affected or the authorized agent of the owner. authorized ag ^ ^^^^^^^^ ^ ^.^^ ^^^^^^^^ ^^^.^.^^ ^.^^^ p^^ modified sign program shall be made in writing on the form provided by the city planner. •18-11 3. The application shall be accompanied by the required fee contained in the most recent fee schedule adopted by the city council. 4. The application shall state fully the circumstances and conditions relied upon as grounds for the application. 5. The application shall contain the following information: a A copy of an approved development plan (master plan, specific plan, planned industrial permit ,slte development plan or other approved development project or discretionary permit) drawn to scale showing the location of property lines, rights-ot- way, adjacent streets, sidewalks and on-site buildings, landscaped areas, off-street parking areas and vehicular access points; b A drawing to scale showing the design of each sign, including dimensions (height and width), sign size (area), colors, materials, method of attachment, source of llumination and location of each sign on any building, structure or property; c. Computation ofthe total number of signs, sign area for individual signs, total sign area and height of signs for each existing and proposed sign type; d. A materials board or sign sample that is an accurate representation of proposed colors, material and style of copy; and e. The number, size, type and location of all existing signs on the same building, lot or premises. E. Notices and hearings. 1 Notice of an application for a modified minor sign program shall be given pursuant to the provisions of Sections 21.54.060.B. and 21.54.061 of this title. 2 Notice of an application for a modified sign program shall be given pursuant to the provisions of Sections 21.54.060.A. and 21.54.061 of this title. F Decision-making authority. 1. Applications for a modified minor sign program or a modified sign program shall be acted upon in accordance with the following: a. Modified minor sign program. i An application for a modified minor sign program may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title. ii The city planner may approve or conditionally approve the modihed minor sign program if all of the findings of fact in Sections 21.41.060.H. of this chapter are found to exist. b. Modified sign program, i. An application for a modified sign program may be approved, conditionally approved or denied by the planning commission or city council, as specified in Section 21.54.040 of this title. . , u ^ .u ii The decision on the modified sign program shall be based on the decision-making authority's review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearmg. /// •19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 iii The decision-making authority shall hear the matter, and may approve or conditionally approve the sign program if all of the findings of fact in Section 21.41.060.H. of this title are found to exist. u,^+«,. G. Findings of fact for sign programs that comply with standards ofthis Japte • 1. A proposed sign program will be approved only upon the following a. All signs comply with the sign area, number, height, location and other cicrn <;tandards as set forth in this chapter. . . j sign standards as se^ ,igns have been integrated with the project's building, site and landscaoing design to form a unified architectural statement. H Findings of fact for modified minor sign programs or modified sign programs that vary from the standards of this chapter: „,rip<: frnm 1 A modified minor sign program or modified sign program that varies from the standards of this chapter shall be approved only upon the following findings: a The standards established by the modified minor sign program or modified sign p;ogram do not exceed any applicable rules or limits In the General Plan or Local coastal P-B-m^^^.^.^^ ^.^^^ .^^ ^^^^^^^ ,„dified sign program Is necessary to ensure that signs are proportionate to and compatible with the number, size, height, <;ralp and/or orientation of project buildings; scale and/or ^ ^^j^^^ ^^^^^ ^^^^^^^ ^^^.^.^^ ^.^^ ^^^^^3^ ,3 „ 33^ to ensure the visibility of the overall development to pedestrians and motorists; and to ensure vis ^J^^^,^,^^ ^.^^^ .^^ ^^^^^^^ „^ ^^^^e, program is necessary to enhance the overall project design, and the aesthetics and/or directional function of all proposed signs, I. Announcement of decision and findings of fact. , ^^^ifipH .im 1 When a decision on a modified minor sign program or modified sign program'is made pursuant to this chapter, the decision-making body shail annojce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. I Effective date and appeals. ^ , , 1 Decisions on modified minor sign programs and modified sign programs shall become effective and may be appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 of this title. K Expiration, extensions and amendments. 1 The expiration period for an approved modified minor sign program or modified sign program shall be as specified in Section 21.58.030 of this title, modified g p^^g ^ ^^^^^^^ ^^^.^^ ^^^^^^^^ ^^^.^.^^ ^.^^^ 3,g„ p ^,3^ or modified sign program may be extended pursuant to Section 21.58.040 ofthis title, modified sign PJ^^^^J^ ^^^.^.^^ ^.^^^ ^.^^ pr„g,3„ or modified sign program may be amended pursuant to the provisions of Section 21.54.125 of this title. ' f''"'ExisLTSTrograms approved prior to the effective date of this chapter are subject only to the message substitution provision of this chapter; all other terms of the existing sign program shall continue in force. M. Binding Effect. •20- 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 , .pp,o..l o, a sign ''•'''''"•ZTSTJ'^i^" ™.S s;r.:.,t;;;s:dt,=,pr:, i^i^r.s^b p,og,am omess and until modified by the procedures outlined herein. 21 41.070 General sign standards. ?he following sign standards shall apply to all signage within the city. A. Sign Area. " f « »:.Snrwt;:"::™n.. Sosp.nd.d, .a.cla, .»n,ng Window „„|.sssdcb ISdes'inSln™ .o .onCn as a —.«.I.m.n. o,.b. s.n, ,b. sign messag. Is plated Indoding .b. soppomng c.loranbl if d.eo.a.e with advertising. ' TS'a-t a two-sided or multi-faced sign shall be computed by addingtogethertheareaof all Sign faces visiblefromanyo^^^^^^^^^^ ^^^^ ^^^^ ^^^^^ ii. When two -^l^^^l^ll^l'^^^^^ ill. in the case of a sign of spherical or cylindrical shape, the area of the sign shall be one-half of the surface area. d Flags, Banners, Pennants, etc. i. 4n area is the entire surface area, one side only. B. Sign Height. 1 Sign height is measured as follows. a. Monument, Pole and Freestanding Sign. f.^m the ,„p ,,n o;'ra:=:^^^^^^^^^^^^^ - supports, to the average grade beneath the sign. C Placement of Commercial Signs. .uo r^mnprtv of the use for which the , ,Lder «:«;rr,:ii""'.s.OP., I. »-ai„ allowed by this chapter or other relevant law. 0, Placement of Noncommercial Messages o^^^^^^^^^ ^^^^^^ ^,^^3^^ , 1. Noncommerc al mess g r a lo ^^^^^^^^^ ^^^.^^^ permitted within Chapter 21,41 and is suDject w aHowances per lot or building of each sign type specified m this chapter. -21 2. A permit is required for a noncommercial message only when the sign I structure has not been previously permitted. 21.41.080 Sign Design Standards. Each permanent approved sign shall meet the following design standards. A. Colors. , „ .... 1. For commercial messages on signs, fluorescent, "Day-Glo and similar colors shall not be used. B. Materials. 1 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. 2. Such materials may include, but are not limited to: a. ceramic tile, b. sandblasted, hand carved or routed wood, c. channel lettering, d. concrete, stucco or stone monument signs with recessed or raised lettering. Sign Location. u ^ 1 Wall signs must be located below the roofline on structures with pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall signs are not allowed on any equipment enclosure located above the roofline. 2. Directional signs shall be located to facilitate traffic internal to the site. D. Relationship to Buildings. 1 Each permanent commercial message sign located upon a premises with more than one main building, such as a commercial, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings. E. Relationship to Other Signs. 1 Where there is more than one 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: a. Type of construction materials; b. Sign/letter color and style of copy; c. Method used for supporting sign (i.e., wall or ground base); d. Sign cabinet or other configuration of sign area; e. Illumination; and f. Location. F. Relationship to Streets. . . u 1 Signs shall be designed and located so as not to interfere with the unobstructed clear view ofthe public right-of-way and nearby traffic regulatory signs of any pedestrian, bicyclist or motor vehicle driver. G. Sight Distance. 1 No sign or sign structure shall be placed or constructed so that it impairs I the City's sight distance requirements, per City Engineering Standards, at any public or private street intersection or driveway. H. Sign Illumination. •22- 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 1. Illuminated wall signs are prohibited on any building e^ion that faces and is located within three hundred feet of any property line that adjoins residentially .oned P-PertV^ ^^^^.^^^ ^^^^ ^^^^ 3,3„ be shaded shieUied direc^^^^^^^ reduced so as to minimize light spillage onto the public right-of-way or adjacent ""'"?' Externally illuminated signs shall be lighted by screened or hidden light """^4. Free-standing and building-mounted signs shall either be nor,.numinated or externally illuminated, except for signs with opaque backgrounds which give appearance of individual channel letters and/or changeable copy signs. '• x'°'" "or'porS'^gos and graphics may be used In conjunction with allowed ;s.rbssr= Eacb mpnomen. .nd pole ,«n sb.« In.We •J^')"'.';:'.' ~e.r;rn=:r"pr^^ screen light fixtures and other appurtenances. 21.41.090 Coastal zone sign standards. ,.„,ctal ^one except the A The following sign restrictions apply to properties in ^° f ^^'^^^fli^ igua Hedionda Lagoon and Carlsbad Village ^^-ew s^^^^^^^^^^^^ a ons of this -^t—^^^^^ Sign -S"iations of this chap^^^^^^^^^^^^ ,3^3, 2 Each shopping complex shall have only one directory sign which shall not r""e^S "d^bounding shall not exceed eight feet and shall apply where three or fewer commercial establishments exist on a parcel, 4 Tall freestanding and roof signs shall not be allowed, 5, Off-premises signs shall not be allowed, "•''^\\n'SfertrXi?" a permit for permanent signs for each type of f;=e=^^^^^^ height, permitted location and other standards, /// /// /// -23- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i: 19 20 21 22 23 24 25 26 27 28 Table B Permanent Signs Permitted by Type of Development and Zone With a Sign Permit JZi 1 Type of Sign | Maximum I Maximum IMaximum 1 Location I Additionj Pinnment Number of Sign Area Sign/Letter Signs Type of Development and/or Zone Single Family Residential Lots Residential Subdivisions, Condominiums, Apartment Projects and Mobile Home Parks Commercial Centers and Freestanding Commercial Buildings (located within the C-l, C-2, C-L or C-T zones) See Section 21.41.100, Permitted Temporary Signs See Section 21.41.040, Signs on Private Property Not Requiring a Sign Permit Monument Directory Signs - Wall Mounted or Freestanding Monument I per project entrance 1 per building entrance 1 per driveway enti'ance Maximum Sign/Letter Height 60 square feet per sign 6 square feet per sign 60 square feet per sign 6 feet above average grade/24 inches 6 feet above average grade/ 6 feet above average grade/24 inches Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Driveway entrance or at other strategic location. Signs are to be located and oriented to direct visitors upon entry into the project or building. Driveway entrance or at other strategic location. (See Note#l below) (See Note#l below) •24- Type of Development and/or Zone Type of Sign Wall, Fascia or Awning Maximum Number of Signs Maximum Sign Area No maximum number Suspended or Projecting Total sign area for all wall, fascia or awning signs shall not exceed 1 square foot per each lineal foot of building frontage 1 per establishment Maximum Sign/Letter Height 6 square feet per sign Varies/Tenant Leased Space: < 2,500 square feet: —/24 inches 2,500- 10,000 square feet: — /30 inches 10,001 -50,000 square feet: — /36 inches; > 50,000 - 100,000 square feet — /48 inches > 100,000 square feet — /60 inches Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below 1. Fascia Sign: 1. The length Centered on ofany sign Fascia. shall not exceed 75% 2. Awning ofthe length Sign: Over ofthe doors or building windows frontage or lease space to which the sign pertains. (See Note #2 below) (See Note #3below) (See Note #6 below) Minimum 8 foot clearance from finished grade to bottom of sign. Suspended - Underside of walkway overhang at 90 degrees to the business establishment Suspended may not be internally lluminated Directional Sign 3 per driveway entrance 6 square feet per sign 6 feet above average grade/ Should be located to facilitate traffic internal to the site. Drive-Thru Facilities Reader Board Wall or Monument Restaurants: 2 per existing establishment Other non- restaurant drive-thru facilities: 1 per establishment 24 square feet per sign 6 feet above average grade/ Reader boards are allowed in addition to other signs permitted for Commercial Centers and Freestanding Commercial Buildings. I. Pole sign is allowed in addition to other signs permitted for Commercial Centers. Regional Commercial Center Pole 1 per center 150 square feet per sign 35 feet above average grade Primary project entrance or in a location approved by the city planner. •25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type of Development and/or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Digital Display Regional commercial centers that satisfy all of the following criteria: a) are designated Regional Commercial (R) by the General Plan, b) are located within a Master Plan or Specific Plan and c) have frontage on a freeway (1-5 or SR 78) may include digital display sign(s) subject to the approval ofa conditional use permit (CUP) by the City Council. The CUP will include detailed digital display sign development standards and is subject to required findings by the City Council. Office, Industrial and Commercial uses in the R-P, O, C-M, P-M, and M zones Monument 1 per lot 60 square feet per sign 6 feet above average grade/24 inches Primary driveway entrance or at other strategic location. (See Note#l below) (See Note # 5 below) Directional Signs 3 per driveway entrance 6 square feet per sign 6 feet above average grade/ Should be located to facilitate traffic internal to the site. -26- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l: 19 20 21 22 23 24 25 26 27 28 Type of Development and/or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Commercial establishment with a separate building entrance in a multi- tenant building located in the R-P, O, C-M, P-M and M zones Suspended I 1 per 1 5 square feet Minimum 8 establishment | per sign j foot clearance fi-om finished grade to bottom of sign/— Underside of walkway overhang at 90 degrees to the commercial business establishment. May not be intemally illuminated. Office/Industrial Parks Park 1 1 per each identification park entrance sign j that is located along an arterial road 75 square I 6 feet above feet per sign j average grade/24 inches Near primary park entrances. (See Note#l below) Hotels/Motels Monument 1 per driveway entrance 60 square I 6 feet above feet per sign j average grade/24 inches Primary | (See Note # I project I below) entrance or at other strategic location Wall or Fascia or Awning 2 Wall or Fascia or Awning Signs per street frontage Total sign area for all wall, fascia or awning signs (per building) shall not exceed 1 square foot per each lineal foot of building frontage -/24 inches 1. Fascia Sign: Centered on | (See Note #2 Fascia. I below) 2. Awning Sign: Over doors or windows. (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet 1 6 feet above per sign | average grade/ Should be located to facilitate traffic internal to the site Professional Care Facility Monument 1 per driveway entrance 60 square I 6 feet above feet per sign | average grade/24 inches Primary i (See Note #1 project I below) entrance or at other strategic location Wall 1 per street frontage Directional Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage. —-/24 inches 3 per driveway entrance 6 square feet 6feet above per sign | average grade/ (See Note #3 below) (See Note #6 below) Should be located to facilitate traffic intemal to the site -28- Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below ?2, Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below (See Note #3 below) Should be located to facihtate traffic internal to the site^ -30- 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 Type of Sign Maximum Number of Signs Public Parks, I Monument Playgrounds, Recreational Facilifies, Nature/Interpretive Centers and similar uses 1 per street frontage Maximum Sign Area Maximum Sign/Letter Height 60 square I 6 feet above feet per sign | average grade/24 inches Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Primary project entrance or at other strategic locafion. Wall 1 per street frontage 30 square feet per sign 24 inches Directional 3 per driveway entrance 6 square feet 6 feet above per sign | average grade/ Produce/Flower Stand in the E-A, R-A and L-C zones Wall or Freestanding 1 per produce/flow er stand 32 square feet per sign Freestanding: feet above average grade/24 inches Should be located to facilitate traffic intemal to the site. Freestanding: Primary project entrance (See Note # I below) (See Note #3 below) (See Note #6 below) Shall be displayed only during the time period the produce/flowe rs are available for sale on the property Nursery, Greenhouse, Packing Shed, Stable, Riding Academy and similar uses Freestanding 1 per site 32 square i 8 feet above feet per sign | average grade/24 inches Primary project entrance or at other strategic location P-U zone Monument 1 per street frontage (2 signs maximum) 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic locafion Wall I per street frontage (2 signs maximum) 40 square feet per sign -—/24 inches Direcfional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/ OS zone, except for uses listed elsewhere in this table See Section 21.41.100, Permitted Temporary Signs Should be located to facilitate traffic internal to the site. May not be lluminated (See Note # I below) (See Note #6 below) / -31- Note#l 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 #2 Note #3 Note #4 Note #5 Note #6 Monument signs on entry walls (e.g., curved, angled or similar walls integrated into a project entry or perimeter) are permitted. In cases where entry walls are located on both sides of an entry drive, one sign on each wall (each at the maximum square footage) is permitted Building elevations on restaurants, hotels or motels which front along or are within three hundred feet of the right-of-way of and visible fi-om Interstate 5, State Route 78, Palomar Airport Road or El Camino Real shall not have more than one wall sign along those elevafions. Illuminated wall signs are prohibited on any building elevation that faces and is within three hundred feet ofany property line that adjoins residenfially zoned property. Building elevations which front along or are within three hundred feet ofthe right-of-way and visible from Interstate 5, State Route 78, Palomar Airport Road or El Camino Real shall not have more than one wall sign along those elevations. Notwithstanding the above, two wall signs along a building elevation that fronts the above- noted corridors may be permitted under the following circumstances: (a) A building elevation must have a minimum of one hundred fifty lineal feet in order to have more than one wall sign along that elevation. (b) The minimum spacing between wall signs along an elevafion shall not be less than seventy-five feet. (c) The cumulafive length of all wall sign(s) along any building elevation shall not exceed one-third ofthe length of that same elevation. These sign standards supersede the sign standards for the C-M, M and P-M zoned properties that are located within Area 4 ofthe El Camino Real corridor development standards. Wall signs must be located below the roof line on structures with pitched roofs. However, wall signs can be located on the parapet ofa flat roofed building. Wall signs are not allowed on any, equipment enclosure located above the roof line. /// -32- 21.41.100 Permitted temporary signs. Table C provides a listing of all temporary signs permitted for each type of development and corresponding zones with a sign permit. In addition to the type of s.gn oermitted Table C provides the maximum number, maximum sign area per sign, I maximum'sign height and letter height, permitted location and other provisions. 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 Temporary Signs Permitted By Type of Development and Zone With a Sign —f Pf^f Sign I Maximum | Maximum 1 Maxi"ium [Location !!,!L.„*.nH Numberof Sign Area Sign/Letter Signs Permit Type of Development and Zone Projects which are under Construction in all zones Wall or Freestanding 1 per project 32 square feet per sign Maximum Sign/Letter Height Freestanding: 8 feet above average grade/ Must be located on the project site. May not project into the public right-of- way. Remarks 1. May not be illuminated. 2. Shall be removed prior to the granfing of the last Certificate of Occupancy by the city. -33- Type of Sign Maximum Number of Signs Maximum Sign Area Residential Projects of 2 to 10 units: 12 square feet, Residential Projects of more than 10 units. Commercial , Office and Industrial properties: 32 square feet per sign Maximum Sign/Letter Height 8 feet above average grade Location Remarks Must be located on the property. May not project into the public right-of- way. I. May not be illuminated. 2. Residenfial Projects: shall be removed from the property within 15 days from the date that all the properties are sold or no longer for sale, whichever occurs first 3. Commercial and Office/ Industrial Properties: shall be removed from the building or property within 15 days after the sale, rental or lease. Type of Development and Zone Type of Sign All Commercial, Office and Industrial zones 24 25 26 27 28 Interim Temporary Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height 1 per establishment 30 square feet per sign All Commercial, Office, and Industrial zones Any Public or Private Property with a Special Events Permit (See C.M.C. Chapter 8.17) Community Event at Public Parks/ Recreafional Facilities Location Remarks Attached to 1. Permitted monument or only for wall at the establishmen establishment ts waiting location. for permanent sign construction and installafion. 2. Approval limited to 45 days maximum or when the permanent sign is installed whichever occurs first. Banner or Freestanding Signs with a Temporary Seasonal Sales Location Permit 1 per street frontage 30 square feet per banner or fi-eestanding sign 1 3. A city sign permit forthe permanent sign must first be issued. Must be j Limited to located on the the period of site ofthe time seasonal sales specified in event. the Temporary Seasonal Sales Location 1 Permit. Pursuant to other provisions of the Carlsbad Municipal Code. 21.41.110 Construction and maintenance. ^"'"EC Sign, and all parts, portions and materials thereof shall be manufactured assembled and erected in compliance with all applicable state, federal and S Sat'-s and the latest adopted versions of the Building Code and the National Electric Code. B. Maintenance. -35- 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 1. Every sign and all parts, portions and materials shall be maintained and kept in good repair. . j j r 2. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair. 21.41.120 Removal of signs. 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 m the public right-of-way or on city property contrary to other provisions of the Carlsbad Munic.pa Code may be removed by any officer or employee of the city designated to do so without prior notice. Alternatively, the city may issue a notice of nonconformance and give the sign owner and/or the property owner fifteen 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 ofthe sign upon written notice by the city. 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 calendar days from the date of mailing the notice for permanent signs and not less than fifteen calendar days for temporary signs. D Within ten days of the mailing of the notice, the permittee, owner or person in charge of the sign may request a hearing before the city planner 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 days after mailing of notice. E Upon receipt of a written request for a hearing, the city planner 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 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 city planner will notify the appellant of the decision to affirm, modify or revoke the order to remove or repair within ten 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. . r . i, F Whenever the permittee, owner or person in charge of the sign fails to comply with an order ofthe city planner 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 ofthe 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 ofthe debt. G Every person billed may request a hearing regarding the accuracy of the amount billed. Following the hearing, the city planner shall, within ten days of the conclusion of the hearing, notify the person billed of any adjustment to the bill or determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid. Nonpayment becomes a lien on the property. -36- 23 24 25 26 27 28 21.41.125 Appeal of denial or revocation. A Any person seeking to appeal a decision of the city planner 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 city planner no later than ten days after the date of the notice of the decision. The notice shall state, with specificity, the factual and legal basis ofthe appeal. The city planner shall expeditiously schedule a hearing before the planning commission and notify the appellant, in writing, of the day, time and location ofthe hearing, which shall be held not later than thirty days after the notice of appeal is received by the city, unless time is waived by the appellant. The time for compliance of any original order shall be stayed during the pendency ofthe hearing before the planning commission. B The planning commission shall hold a hearing and provide the appellant with a written decision within ten days ofthe conclusion ofthe 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 days after the date ofthe notice ofthe decision. The city clerk shall then schedule a hearing before the city council, which shall be held within thirty days of the receipt of the notice of appeal, and notify the appellant, in writing, ofthe day, time, and location ofthe hearing; however, the hearing 1 may be held later than thirty days upon the request or concurrence ofthe appellant. The I 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 days of the conclusion of the hearing. Any person dissatisfied with the city council's decision may seek prompt judicial review pursuant to California law. 21.41.130 Nonconforming signs. A 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 or relocated, unless it is brought into conformance with all current provisions ofthis chapter. B 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 and or the requirements of any applicable sign program. 21.41.140 Remedies and penalties. Any sign, which has been properly removed under this chapter, may be retumed Ito 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 city is authorized to destroy or dispose of the removed sign not earlier than thirty days after the removal of such sign. 21.41.150 Violations. A. It is unlawful for any person to: -37- 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 1. 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; 2. install, mount, affix, create, erect, display or maintain any sign requiring a permit without such a permit; or ^ r . • 3. Fail to remove any sign which the city has ordered to be removed for being In violation of this chapter. B Violations of any provisions of this chapter shall be subject to the enforcement remedies and penalties provided for herein and in Chapter 1.08 ofthis code. The city may also pursue any civil remedies provided by law, including injunctive relief, as to signs not in conformance with this chapter: .^u^j^^ 1. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter. 2 Each sign installed, created, erected or maintained m 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 ofthis 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 shaH 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. EFFEaiVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption ofthis ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 27* day of August, 2013, and thereafter. /// /// /// •38^ PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of 2 Carisbad on the day of. _, 2013, by the following vote, to wit: AYES: NOES: ABSENT: 3 4 5 6 7 8 11 APPROVED AS TO FORM AND LEGALITY: 9 10 11 11 CELIA A. BREWER, City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 11.44, PRIVATE PARTY SIGNS ON CITY PROPERTY. CASE NAME: PRIVATE PARTY SIGNS ON CITY PROPERTY CASE NO.: MCA 13-01 The City Council of the City of Carisbad, California, does ordain as follows: CHAPTER 11.44 PRIVATE PARTY SIGNS ON CITY PROPERTY SECTIONS: 11.44.005 • 11.44.010 11.44.020 11.44.030 11.44.040 11.44.050 11.44.060 • 11.44.070 • 11.44.080 11.44.090 11.44.100 11.44.110 11.44.120 11.44.130 Purpose and intent. Signs must be permitted or exempted. City property sign permits; application forms and procedures. Temporary political, religious, labor protest and other noncommercial signs In traditional public forum areas. Exemptions from permit requirement. Permits for a-frame signs in the Carisbad village review area, bearing commercial messages for adjacent establishments or non- commercial messages. Real estate for sale "kiosk" signs in particular locations. Temporary political and other noncommercial signs in the public right-of-way during campaign periods. Signage associated with special events. Use of public land for banners. City-wide way-finding signs. Remedies and penalties. Violations. Severability. 11.44.005 - Purpose and Intent. A. Purpose. The purpose of this ordinance is to identify what types of private party signs are allowed to be displayed on city property, particularly in the public right- of-way, and the specific standards under which they may be displayed. The city's proprietary ownership rules for permitted signage on city property, particularly in the public right-of-way, which are contained in this ordinance, supplement the city's Sign Ordinance (Chapter 21.41 ofthe CaHsbad Municipal Code), which deals with permitted signage on private property. The definitions in Chapter 21.41 apply to this ordinance. B. Intent. The city declares its intent that all city property shall not function as a designated public forum, unless some specific portion of city property is designated herein as a public forum of one particular type; in such case, 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 declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any. 11.44.010 - Signs must be permitted or exempted. The provisions of the chapter shall apply generally to all zones within the city, including the Village Review Zone. No "sign" as defined In the Sign Ordinance (Chapter 21.41), may be displayed on city property, unless a City Property Sign Permit has first been issued, or the subject sign is expressly exempted from the City Property Sign Permit requirement by this ordinance. A sign may be affixed, erected, constructed, place, established, mounted, created or maintained only in conformance with the standards, procedures and other requirements ofthis chapter. The standards regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise stated. 11.44.020 - City property sign permits; application forms and procedures. The city planner shall prepare and make available to the public a form for application for a City Property Sign Permit (Permit), which shall, when fully approved, constitute a Permit and indicate the city's consent, in its proprietary capacity, for placement of a sign. The applicant for the permit must be the same person or entity who is to be the owner ofthe sign. The processing fee for each application, which shall not be refundable even if the application is denied, shall be the same as the fee for a sign permit under the sign ordinance. Any City Property Sign Permit issued in error may be summarily revoked by any officer ofthe city, by simply informing the applicant ofthe nature ofthe error in issuance; any applicant whose permit is revoked as issued in error may, at any time thereafter, submit a new permit application which cures any deficiencies in the original application. The application fee shall apply separately to each new application, unless the original error was in processing by the city. Applications which fully comply with the terms and conditions of this ordinance shall be duly Issued. Applications which are denied, or permits which are revoked or suspended, may be appealed in the same manner as denials of sign permits, as described in the Sign Ordinance. 11.44.030 - Temporary political, religious, labor protest and other noncommercial signs in traditional public forum areas. This section applies only when the Special Events Chapter of the Carlsbad Municipal Code (Chapter 8.17) does not. In areas qualifying as traditional public forums, such as the surfaces of city streets, parks and sidewalks, as well as the surfaces of exterior areas immediately around City Hall, persons may display noncommercial message signs without first obtaining a City Property Sign Permit, subject to all ofthe following: /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 19 20 21 22 23 24 25 26 27 28 1 Each sign must be personally held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet ofthe sign at all times. 2 The signs may be displayed only during the time period of sunrise to sunset, except on evenings when a public hearing is being held at City Hall and on days when the polls are open; on such occasions, the display may continue until one hour after the close of the public hearing or one hour after the close of the polls. 3. The maximum aggregate size of all signs held by a single person is 10 square feet. 4. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet. 5. The displayed signs may not be inflatable, inflated or air-activated. 6. In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. 7. This section does not override Elections Code 18370, which prohibits sign display and electioneering within 100 feet of a polling place on Election Day. 11.44.040 - Exemptions from permit requirement. The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs erected by the city or another governmental unit; official notices required by law; signs placed by the city in furtherance of its govemmental functions or proprietary capacity; signs expressing the city's own message to the public and signs allowable under section 11.44.030 and section 11.44.100 ofthis ordinance. 11.44.050 - Permits for a-frame signs in the Carlsbad Village Review Area, bearing commercial messages for adjacent establishments or non-commercial messages. A. Intent asto public forum The areas and times controlled by this section are designated to constitute a limited access, nonpublic forum which is strictly limited to commercial messages for adjacent establishments or non-commercial messages, and which is open only to those persons described in this section and on the terms stated in this section. B. Where a-frames may be placed; physical standards 1. "A-Frame" signs, as that term is defined in the sign ordinance, may be placed in particular portions of the public right-of-way, within the Carisbad Village Review Area only, namely, on the public sidewalk directly in front of the store or other establishment displaying the sign. 2. Such signs may have no more than 2 display faces, every display face shall be a flat, smooth surface, and remain completely free of dangerous protrusions I such as tacks, nails or wires; however, cutouts of any shape are allowed. Sign faces shall be back to back. No banners, ribbons, streamers, balloons, ^ or attachments of any kind may be affixed to the sign. The sign may not use ^ any moving parts or include a display face which is hinged, or which otherwise swings or hangs from a frame. Glass, breakable materials and 4 illumination are prohibited. The signs shall be physically stable and balanced flat on the sidewalk. The sign must be self-supporting, stable and weighted ^ or constructed to withstand overturning by normal wind currents or contact. 3. All such signs may be placed in the permitted space on the public right-of-way 7 only when the establishment is actually open to the public for business. A person employed by or associated with the establishment must be physically 8 present within 50 feet ofthe sign at all times. The sign must be placed on the public sidewalk within the 2 feet closest to the curb or edge of the sidewalk, directly in front of the establishment which owns the sign. Non-commercial JQ messages may also be displayed on the sidewalk in the Village Review Area, subject to the same rules regarding location, display times and physical II standards as commercial signs for adjacent establishments. Non-commercial signs must also be attended by a person who is within 50 feet of the sign at all times; however, the attendant need not be employed by or associated with an 12 adjacent establishment. Any one person may act as an attendant to only one non-commercial sign at a time. 14 Each display face shall have a maximum area of 15 square feet, and shall not exceed 5 feet in height or 3 feet in width. Changeable text area of the sign may not exceed 50% of the display face. No such sign may have special illumination or parts which move, flash, blink, fluoresce or use digital display. 17 Fluorescent or "day glow" colors are not allowed. Paper and other non-rigid changeable text areas are not allowed 18 19 5. The sign shall not be permanently affixed to any object, structure, or the ground, including utility poles, light poles, trees or other plants, or any 20 merchandise of products displayed outside permanent buildings. 21 6. At no time may the sign be placed in the street or in any position which impedes the smooth and safe flow of vehicular and pedestrian traffic, or which interferes with driver or pedestrian sight lines or corner clear zone 23 requirements as specified by the city. No sign shall be placed in such a manner as to obstruct access to a public sidewalk, public street, driveway, parking 24 space, fire door, fire escape or access for persons with disabilities. A clear area of at least 5 feet in width must be maintained for pedestrian use over the entire length of the sidewalk in front of the establishment. 7. Signs shall not obscure or interfere with the effectiveness of any official notice 2y or public safety device. Signs shall not simulate in color or design a traffic sign or signal, or make use of words, symbols, or characters in such a manner as 28 may confuse pedestrians or drivers. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 11 19 20 21 22 23 24 25 26 27 28 8. Every sign and all parts thereof shall be kept in good repair. The display surface shall be kept clean, neatly painted, and free from dust, rust and corrosion. Any cracked, broken surfaces, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced or removed within 15 days following notice by the city. 9. As to commercial signs for adjacent establishments, commercial copy must pertain to the adjacent establishment, and must refer or pertain to goods, activities or services which are actually available in the subject store at the time the sign is displayed. 10. Signs displayed under this section may not be used for general advertising for hire. C. Who may display an a-frame sign in the village review area The commercial A-Frame Signs allowed by this section may be displayed only by the operators of establishments with ground floor frontage on streets within the Village Review Area, who hold a currently valid city business license, who are not currently in violation of, or nonconformance with, any of the zoning, land use, environmental or business regulatory laws, rules or policies of the city. Persons acting as the official attendant of non-commercial message signs must be over the age of eighteen. Each eligible establishment location is allowed a maximum of one A-Frame sign. However, when an establishment is located within a business arcade or courtyard area, in which case only one "tenant directory" sign, which lists all of the establishments within the arcade or courtyard, is allowed. The display area ofthe permitted A-Frame sign shall not count as part of the total signage for the establishment, which is allowed under the Village Master Plan and Design Manual. D. Transfer of permit The Permit attaches to the establishment at the location specified. If the establishment is sold or transferred, and remains at the same location, then the Permit shall automatically transfer to the new owner or transferee, who shall be bound to the terms and conditions of the original Permit. However, if the establishment which first obtained the Permit moves to a different location, or if the original location is then taken by a new establishment, a new application and Permit shall be required. E. Term of consent indicated by permit; revocation and renewal The Permit is revocable or cancelable at will by the city. However, the city will cancel a Permit without cause only when it does so to all permittees who are similarly situated. Any Permit may be revoked for noncompliance, 30 calendar 3 1 days after notice of noncompliance remains uncured, or in the case of a noncompliance condition which constitutes a threat to the public health, safety or ^ welfare, summarily. When a Permit is revoked, the owner of the sign must physically remove it from the public right of way within 24 hours of notice of revocation; upon failure to do so, the city may summarily remove the sign and 4 hold it In storage until all costs of removal and storage are paid by the sign owner, upon which condition the sign shall then be returned to its owner. There is no 5 guarantee that the city wilt continue the provisions stated herein. Permittees hold no expectation of renewal of any given Permit, acquire no vested right to continue displaying the sign on city property, and waive all claims of inverse condemnation (uncompensated taking of private property) as to the permitted sign, when they submit the original application. 6 7 8 9 10 15 16 23 24 F. Temporary removal The city may give notice, by any reasonable means, that consent to display an A- frame is or shall be withdrawn temporarily so as to serve a more urgent or more 11 important public need, such as, without limitation, dealing with a natural disaster, a traffic emergency, a temporary need to make more space available on the public right-of-way, a civil disturbance, a parade, an election, or other special event. In urgent situations, the city may summarily remove a permitted sign without notice, for a time sufficient to deal with the urgency. All permittees shall comply with all 14 notices to temporarily remove the permitted signs, and to return them to display only in accordance with the city's directions. G. Insurance and indemnity 17 A Permit under this section will be issued only to an applicant who provides evidence of comprehensive general liability insurance coverage, in a form 18 satisfactory to the city planner and risk manager, which shall name the city as an additional insured and provide thirty-day notice of cancellation. The minimum liability coverage on such policy shall be one million dollars; such coverage shal 20 apply to claims of personal injury including death, property damage anc advertising injury. Application for a Permit shall constitute an agreement to hold 21 harmless, defend and indemnify the city against all claims relating to property damage or personal injury, including death, which assert that the permitted sign played any legally significant role in the creation of the liability. H. Cancellation or modification of program The city may, at any time and for any reason, cancel or modify this program allowing commercial A-Frame signs in the public right-of-way in the Village Review Area. 26 27 /// 28 1 11.44.060 - Real estate for sale "kiosk" signs In particular locations. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 19 20 21 22 23 24 25 26 27 28 A. Intent as to public forum The city's Intent as to this section is to designate a strictly limited public forum, which allows only the posting in convenient places of directional Information regarding tract housing developments which are currently selling homes located within the city. B. Kiosk signs for new tract housing developments Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height 7 feet in width, which contain modular information strips, not exceeding 10 inches in height, 6 feet in width, providing information about tract housing developments (of more than 4 units) which are currently selling new homes located within the city. Such signs may display only the following information: the name of the development, developer and/or marketer thereof, and the direction to the development from the sign. 1. Each kiosk will have "City of Carisbad" and the city logo displayed in a prominent location on the sign. 2 One kiosk design will be utilized throughout the city. This kiosk design is on file in the Planning Division. All tract housing development signs mounted on the kiosks shall be the same design and shall be white wood with black reflective lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be all upper case letters not more than 6 inches in height. 3 Individual tract housing development directional signs must be approved by the city planner prior to mounting on a kiosk to ensure compliance with this section, m no case shall a sign be mounted on a kiosk before building permits have been issued for the model homes. 4 There shall be no additions, tag signs, streamers, devices, display boards, runners or riders or appurtenances added to the sign as originally approved. Further, no other off-site directional signing may be used such as posters, trailer signs or temporary subdivision directional signs. 5. Any sign placed contrary to the provisions of this section may be removed by the city without prior notice. 6 Each approved tract housing development may have up to a maximum of 8 directional signs. Upon approval by the city planner, directional signs shall be permitted until the homes within the housing development are sold or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted by the city planner. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. A tract housing development neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising the housing development anywhere in the city. If any advertising signs are erected and not promptly removed upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no refund given. C. Private contractor for management of the kiosks The city may enter into a contract with a private contractor to design, erect, modify, replace, maintain and manage the kiosk signs allowed by this section. Such contract must be approved by the City Council, and may require that the contractor pay to the city a rent or royalty on advertising revenues. All the terms of said contract, and all payments to the city hereunder, shall be public information. D. Insurance requirement In the event the city selects a private party contractor to manage the kiosks, the city may require the private party contractor to provide evidence of comprehensive general liability insurance coverage, in a form satisfactory to the city planner and risk manager, which shall name the city as an additional insured, and provide 30-day notice to the city of cancellation. The minimum liability coverage on such policy shall be one million dollars. Any private party contract must include a provision for the contractor to hold harmless, defend and indemnify the city against all claims relating to property damage or personal injury, including death, which assert that the kiosk sign played any legally significant role in the creation ofthe liability. E. Allowable locations The kiosks allowed by this section may be located only as shown on the approved location map on file with the planning division. The city planner Is authorized to approve the relocation of kiosks shown on the approved map to better serve the needs of new development. 11.44.070 - Temporary political and other noncommercial signs in the public right of way during campaign periods. A. Intent asto public forum In this section only, the city's intent is to designate a public forum which is available only at limited times and places for sign expression on political and other noncommercial topics, without favoritism as to any speaker, topic or point of view. The display opportunities afforded by this section are in addition to those in the Sign Ordinance which allow noncommercial speech at all times. 6 1 B. Temporary noncommercial sign permit; application forms and procedures ^ The procedure for the approval of a temporary noncommercial sign permit 2 is as follows: 4 The zoning enforcement officer shall provide notice in the temporary noncommercial sign permit application to candidates and/or their state/local ^ campaign committee chairpersons for national, state, local or county office and chairpersons of campaign committees for or against any measure appearing on the ballot for a statewide, local or county election ofthe temporary campaign sign 7 requirements as provided herein. 8 Prior to the posting of any temporary noncommercial signs in the public right-of- way (excluding median strips), the candidate, the chairperson of a campaign committee or any other person designated by the candidate or chairperson who is 10 responsible for the posting of said sign, shall obtain a temporary noncommercial sign permit. The permit, on a form prescribed by the city, shall include the name, 11 address and phone number of the candidate or campaign chairperson and any person responsible for the posting of signs. The Permit shall be signed by the candidate, chairperson or person responsible for the posting of the signs. 9 13 14 16 18 C. Time period The signs allowable under this section may be displayed only during the period of 1^ time, 30 days preceding and 5 days following a general, special or primary election. All political and other noncommercial message signs must be removed from the public right-of-way, by the permittee or his/her designee, not more than 17 5 days after the election. D. Locations This section allows the display of signs expressing political or other 20 noncommercial messages. The signs allowable under this section may be placed in the public right-of-way (excluding median strips) adjacent to the public streets 21 identified on the City Council approved campaign sign placement map on file with the Planning Division. 22 23 E. Persons who may receive a permit under this section 24 Any person who will abide by the terms and conditions of this section may receive a permit. Removal, defacement, alteration, obliteration, destruction or tampering with signs permitted under this policy without the permission of the owner is 25 prohibited. Such signs may not be placed in such a manner as to obscure or cover, in whole or in part, any other sign permitted under this section. 27 /// 28 6/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. Physical requirements Signs which are allowable under this section may not exceed 6 square feet In display area, must be made of materials and construction methods to withstand normal weather conditions for the period of display, and mounted in such a manner that they will not be blown away or dislodged by normal weather and climate conditions forthe area. Each sign must be mounted at least 1 foot above grade, and no higher than 6 feet above the grade. Permitted signs may not be specially illuminated. No sign shall be: 1. attached to any utility pole, box or standard, bus bench, pole or structure supporting a traffic control sign or device (streetlight, traffic signal), or any fire hydrant. 2. placed on any tree or shrub by any nail, tack, spike or other method which will cause physical harm to the tree or shrub. 3. placed in such a manner as to obstruct the public use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a hazard to persons using the public road right-of-way. 4. placed in the roadway or on the sidewalk. 5. placed in a median strip. 6. placed in that portion ofthe public right-of-way or easement past the sidewalk without the consent of the adjoining property owner or person in possession if different than the owner. G. Removal of nonconforming signs Signs which do not conform to this section or any permit issued under this section may be summarily removed by the city upon discovery ofthe nonconformance. 11.44.080 - Signage associated with special events. When the city allows a special event pursuant to Carisbad Municipal Code Chapter 8 17, the Special Event Committee shall approve the location, number, duration of posting and content for "Road Closure Notification" and "Traffic Control/Directional"^ signs as described in the Carlsbad Municipal Code. The Special Event Committee shal' approve the location and duration of posting for special event venue signs as described in the Carisbad Municipal Code. Signs within the venue shall conform to the size requirement and may only be posted during the time authorized in the Special Event Permit and Carlsbad Municipal Code Chapter 8.17. /// 6^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11.44.090 - Use of public land for banners. Banners may be placed by the city on city property in the public ^ght-of-wav for any message event or program officially sponsored, co-sponsored, or supported by the City Sad which proves a public benefit, as approved by resolution ofthe City Council. 11.44.100 - Citywide way-finding signs. A. Intent as to public forum The city's intent as to this section is to designate a strictly limited forum, which allows the city to post way-finding (directional) signs on city Property to guide il ents and'vlsitors to public buildings or facilities, quasi-pubi c bu ings c.y neighborhoods, philanthropic organizations, ^"'t^^^'/'^'^^" ' '""^^^ tourist destinations and points of public interest throughout Carlsbad. Other uses locaSns or destinations may be allowed to post way-finding signage if approved by resolution ofthe City Council. way-finding signs are expressly permitted for the following buildings/facillties/uses: 1. Public Buildings and Facilities - City of Carlsbad, County, State and Federal 2. GtrFacnities - City Buildings, Uses, Parking Lots, Golf Course, Parks and Trails, 3. Suasi-Public Buildings - Chamber of Commerce, Carlsbad Visitors Center, Train Stations; 4 Cultural/Historical Destinations-Museums; 5 Points of Public interest - City Lagoons, Ocean Beaches, Nature interpretive centers the Flower Fields, the Strawberry Fields, Legoland, the Village Area; 6 Citv Entries and Neighborhood Entries; and . ^, . , 1. Philanthropic Organizations - Lions Club, Rotary Club, Kiwanis Club, etc. B. The following way-finding signs may be allowed if approved by resolution of the City Council: 1. Tourist Destinations; , ... 2. Locations or destinations where way-finding signage would be of public 3. Wa"y1inding signs designed as archway signs located over major roads within the city. C, The design of the city's way-finding signs shall be as approved by the city with a uniform design that includes the city's logo. D C^rely finding signs shall be subject to the approval by the city planner, city engineer and city traffic engineer prior to installation. E. All way-finding signs shall be installed by the city. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11.44.110 - Remedies and penalties. Any sign posted on city property, contrary to the ordinance stated herein, may be summarily removed as a trespass and a nuisance by the city. Any sign, which has been properly removed under this chapter, may be returned to the owner upon payment to the city ofthe 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 and economic development director, or his designee, is authorized to destroy or dispose of the removed sign not eariier than thirty days after the removal of such sign. 11.44.120 - Violations. A. It Is unlawful for any person to: 1. 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; 2. Install, mount, affix, create, erect, display or maintain any sign requiring a permit without such a permit; or 3. Fail to remove any sign which the community and economic development director or designee has ordered to be removed for being in violation of this chapter. B. Violations of any provisions of this chapter shall be subject to the enforcement remedies and penalties provided for herein and in Chapter 1.08 ofthis code. The city may also pursue any civil remedies provided by law, including injunctive relief, as to signs not in conformance with this chapter: 1. Each day of a continued violation shall be considered a separate violation when applying the penalty portions ofthis chapter; and 2. 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. 11.44.130 - Severability. If any section, subsection, sentence, clause phrase or part ofthis chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity ofthe remaining portions ofthis 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. /// /// /// 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 NOW, THEREFORE, the City Council of the City of Carisbad ordains as follows that: 1. The above recitations are true and correct. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the 27^^ day of August 2013, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the day of , 2013, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk EXHIBIT 3 1 RESOLUTION NO. 2013-213 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR THE SIGN ORDINANCE AMENDMENT AND CITY COUNCIL POLICY NO. 65 4 AMENDMENT. CASE NAME: SIGN ORDINANCE AMENDMENT 5 CASE NO.: ZCA 11-03/LCPA 11-04 21 22 25 26 27 28 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 21, 2012 and April 17, 2013, hold duly noticed public hearings as prescribed by law to consider a Negative Declaration for the Sign Ordinance Amendment, and 6 7 8 9 IQ adopted Planning Commission Resolution No. 6926 recommending to the City Council adoption 11 of the Negative Declaration; and 12 \A/HFRFA<;^ thp nty fnuncil did on the 27th dav of August , 2013 hold a 13 duly noticed public hearing as prescribed by law to consider the Negative Declaration; and 14 WHEREAS, at said public hearing, upon hearing and considering all testimony and 15 arguments, if any, of all persons desiring to be heard, the City Council considered all factors 16 " 17 relating to the Negative Declaration 18 NOW, THEREFORE, the City Council of the City of Carisbad, California does hereby resolve as follows: 20 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6926 on file with the City Clerk and made a part hereof 23 by reference, constitute the findings of the City Council in this matter. 24 3, That the application for a Negative Declaration is adopted and approved as shown in Planning Commission Resolution No. 6926 on file with the City Clerk and incorporated herein by reference. /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 27*^ day of August, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARft/^RA ENGLESON,^ty Clerk EXHIBIT 4 RESOLUTION NO. 2013-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO REPEAL AND REENACT THE CITY'S SIGN ORDINANCE (CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE) TO: (1) PROVIDE MORE FLEXIBLE SIGN DEVELOPMENT STANDARDS, (2) INCORPORATE REVISIONS DEEMED NECESSARY BY THE CITY'S LEGAL COUNSEL TO ADDRESS FIRST AMENDMENT ISSUES ASSOCIATED WITH THE PERMITTED REGULATION OF NON- COMMERCIAL SIGNAGE, AND TO (3) CLARIFY THE ORDINANCE TO MAKE IT MORE USER FRIENDLY. CASE NAME: SIGN ORDINANCE AMENDMENT CASE NO.: LCPA 11-04 . The City Council of the City of Carisbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 21, 2012 and April 17, 2013, hold duly noticed public hearings as prescribed by law to consider a Local Coastal Program Amendment (LCPA 11-04), and adopted Planning Commission Resolution No. 6928 recommending to the City Council approval of LCPA 11-04; and WHEREAS, th^f'ityrn..nrilHiHf^nthP_27th davof August ^ 2013 hold a duly noticed public hearing as prescribed by law to consider the Local Coastal Program Amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Local Coastal Program Amendment. NOW, THEREFORE, the City Council of the City of Carisbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6928 on file with the City Clerk and made a part hereof by reference, constitute the findings ofthe City Council in this matter. 3. That the application for a Negative Declaration is adopted and approved as shown in Planning Commission Resolution No. 6928 on file with the City Clerk and incorporated herein by reference. 4. That the approval of LCPA 11-04 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -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 "NOTICE TO APPLICANT" The time within which judicial review ofthis decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attomey of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carisbad on the 27*^ day of August, 2013, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. None. ATTEST: .^\^^*''"MBBARA ENGLESON, City v^^^'j^JBARA ENGLESON, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2013-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESCINDING CITY COUNCIL POLICY NO. 65, "SIGNS ON PUBLIC PROPERTY." CASE NAME: SIGNS ON PUBLIC PROPERTY . The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the provisions regulating signs on City property which are currently found in Council Policy No.65, Signs on Public Property, are now being adopted by City Council Ordinance No. nR-227 . to be given the force of law; and WHEREAS, the maps illustrating the approved locations for kiosk and campaign sign placement In the public right of way which were previously attachments to Council Policy No. 65, attached hereto as Exhibits "A" and "B," are now being approved by this City Council Resolution, to be kept on file for reference in the Planning Division. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, California, as follows: 1. That the above recitations are true and correct. 2. That Council Policy No 65 is hereby now rescinded. 3 That the maps illustrating the approved locations for kiosk and campaign sign placement in the public right-of-way pursuant to C.M.C. Chapter 11.44 are approved by the City Council and are on file for reference with the Planning Division. /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 27*^ day of August, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON^ Gi?y Clerk Exhibit A Kiosk Locations \ J:\Requests2010Plus\ComEconDev\EconDev\5017122_12 AGUA L HEDIONDA 13f LAGOON LAKE CALAVERA Commercial/Industrial Zone Streets Designated for Campaign Sign Placement in ROW: ^"S^ Major Roads ^"^V.^ Streets in Commercial/Industrial Zone y CITY OF CARLSBAD a^, .vxSBTTIA LA/ ^'^^^O?^ BATIQUITOS LAGOON to OUVENHAINT^^ J:\Requests2010Plus\ComEconDev\LandDevEng\4411481_10 City of Carlsbad Campaign Sign Placement Map (Designated Street Right-of-Ways) C.M.C. Chapter 11.44 follows: EXHIBIT 6 RESOLUTION NO. 2013-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING MODIFIED MINOR AND MODIFIED REGULAR SIGN PROGRAM PERMIT APPLICATION FEES. The City Council of the City of Carisbad, California, does hereby resolve as WHEREAS, the City of Carisbad has established new Modified Minor and Modified Regular Sign Program Permit processes whereby the City Planner would be allowed to approve variations in the permitted number, area or height of signs by up to 15 percent through a Modified Minor Sign Program Permit and the Planning Commission could approve variations in the permitted number, area or height of signs from 15 percent-K to 30 percent through a Modified Regular Sign Program Permit; and WHEREAS, there will be staff costs to the City associated with processing Modified Minor and Modified Regular Sign Program Permits pursuant to the provisions of the Municipal Code; and WHEREAS, the Modified Minor Sign Program Permit review process as proposed will duplicate the City's existing Administrative Variance (AV) and Minor Conditional Use Permit (CUP) review processes, staff is recommending that the new Modified Minor Sign Program Permit application fee be equal to the existing AV and Minor CUP application fees ($724); and WHEREAS, this new $724 fee will cover the staff costs for processing Modified Minor Sign Program Permits; and WHEREAS, the Modified Regular Sign Program Permit review process as proposed will duplicate the City's existing Variance (V) review process, staff is recommending that the new Modified Regular Sign Program Permit application fee be equal to the existing Variance application fee ($2,727); and 6^ 1 WHEREAS, this new $2727 fee will cover the staff costs for processing Modified ^ Regular Sign Program Permits; and 3 18 19 20 21 22 25 26 27 28 WHEREAS, the City Council ofthe City of Carisbad, on the 27th day of .f^gust 2013, held a duly noticed public hearing to adopt new Modified Minor and Modified Regular Sign Program Permit application fees and at that time received recommendations, objections. 4 5 6 7 protests, comments of all persons interested in or opposed to the new Modified Minor and 8 Modified Regular Sign Program Permit application fees; and ^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of JQ Carlsbad, California, as follows: 11 1. That the above recitations are true and correct 12 2. That the City Council approves the new Modified Minor Sign Program 13 Permit application fee of $724. 3. That the City Council approves the new Modified Regular Sign Program I^ Permit application fee of $2,727. 16 /// 17 /// /// /// /// /// 23 /// 24 /// /// /// -2- PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 27*^ day of August, 2013, by the following vote to wit: AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, ©ty Clerk O: PLANNING COMMISSION RESOLUTION NO. 6926 EXHIBIT 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO REPEAL AND REENACT THE CITY'S SIGN ORDINANCE (CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE) TO: (1) PROVIDE MORE FLEXIBLE SIGN DEVELOPMENT STANDARDS, (2) INCORPORATE REVISIONS TO ADDRESS FIRST AMENDMENT ISSUES ASSOCIATED WITH THE PERMITTED REGULATION OF NON-COMMERCIAL SIGNAGE, AND TO (3) CLARIFY THE ORDINANCE TO MAKE IT MORE USER FRIENDLY. CASE NAME: SIGN ORDINANCE AMENDMENT CASE NO.: ZCA 11-03/LCPA 11-04 WHEREAS, the City of Carlsbad "Applicant," has filed a verified application with the City ofCarlsbad regarding property described as Citywide ("the Property"); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on November 21, 2012 and April 17, 2013, hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, at said public hearings, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration, Exhibit "ND," according to Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission ofthe City of Carlsbad does hereby find: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a it has reviewed, analyzed, and considered the Negative Decl^tion for SIGN ' ORDINANCE AMENDMENT - ZCA U-03/LCPA 11-04, the environmental impacts therein identified for this project and any comments thereon pnor to RECOMMENDING APPROVAL of the project; and b the Negative Declaration has been prepared in accordance with requirements of the ' Califomia Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures ofthe City of Carlsbad; and 0. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on April 17, 2013, by the following vote, to wit: AYES: NOES: ABSENT: STAIN:. Chairperson Siekmann, Commissioners L'Heureux, Schumacher, Scully and Segall Commissioner Montgomery Commissioner Black KERRY SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 6926 A FILE COPY CITY OF •'•''•^3 VXARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CASE NAME: Sign Ordinance Amendment CASE NO: ZCA 11-03/ LCPA 11-04 PROJECT LOCATION: Citvwide PROJECT DESCRIPTION: This project is a proposed amendment to the Sign Ordinance: (1) to provide more flexible sign development standards, (2) to incorporate revisions deemed necessary by the City's legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage, (3) to allow electronic message board signs at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a regional commercial general plan land use designation that have frontage on a freeway (1-5 or 1-78) and (4) to clarify the ordinance to make it more user friendly. PROPOSED DETERMINATION: The City of Carisbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission and City Council. A copy of the Initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration Is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, In reviewing Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments In writing to the Planning Division within 30 days ofthe date ofthis notice. The proposed project and Negative Declaration are subjectto review and approval/adoption by the Planning Commission and City Council. A public notice will be Issued when those public hearings are scheduled. If you have any questions, please call Chris DeCerbo in the Planning Division at (760) 602-4611. PUBLIC REVIEW PERIOD Julv 13. 2012 - AuRUSt 13, 2012 PUBLISH DATE Julv 13. 2012 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®, ^. MFfrATIVF nECLARATION CASE NAME: Sien Ordinance Amendment CASE NO: ZCA 11-03/LCPA 11-04 PROJECT LOCATION: Citvwide PROJECT DESCRiPTiON: This project is a proposed amendment to the Sign Ordinance (CMC Chapter 21.41): (1) to provide more flexible sign development standards, (2) to incorporate revisions deemed necessary by the City's legal counsel to address first amendment issues assodated with the permitted regulation of non-commercial signage, (3) to allow electronic message board signs at regional commercial centers (Plaza Camino Real and Car Country Carisbad) with a regional commercial general plan land use designation that have frontage on a freeway (1-5 or 1-78) and (4) to clarify the ordinance to make it more user friendly DETERIWilNATiON: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance ofthe City ofCarlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment, and the City of Carisbad finds as follows: The proposed project COULD NOT have a significant effect on the environment. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carisbad, California 92008, ADOPTED: [CUCK HERE datei pursuant to rcUCK HERE Administrative Aooroval. PC/CC Resolution No., or CC Ordinance No.l ATTEST: DON NEU City Planner o ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DIVISION) CASE NO: ZCA 11-03/LCPA 11-04 DATE: Julv 1.2012 BACKGROUND 1. CASE NAME: SIGN ORDINANCE AMENDMENT 2. LEAD AGENCY NAME AND ADDRESS: Citv ofCarlsbad - 1635 Faradav Avenue. Carlsbad, CA 92008 3. CONTACT PERSON AND PHONE NUMBER: Chris DeCerbo. Principal Planner - (760) 602- 4611 — PROJECTLOCATION: Citvwide 5. PROJECT SPONSOR'S NAME AND ADDRESS: Same as Lead Agency, above 6. GENERAL PLAN DESIGNATION: N/A - not site-specific 7. ZONING: N/A - not site-specific 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, fmancing approval or participation agreements): Califomia Coastal Commission (Local Coastal Program Amendment) 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The City's Sign Ordinance (CMC Chapter 21.41) was last comprehensivelv amended in 2001. Since that time, staff has identified a number of issues with the existing Sign Ordinance, including concems expressed bv business owners with respect to permitted signage, which merit reconsideration and potential amendment. This proiect is a proposed amendment to the Sign Ordinance: (1) to provide more flexible sign development standards. (2) to incorporate revisions deemed necessarv bv the Citv's legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage. (3) to allow electronic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a regional commercial general plan land use designation that have frontage on a freeway (1-5 or 1-78) and (4) to clarify the ordinance to make it more user friendly. The proposed amendments include the following substantive changes: L Incorporate revisions deemed necessary by the City's legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage. 2^ Provide more flexible sign standards and allow for proiect's with a Modified Sign Program to vary from the sign standards (i.e.: permitted number, area and height of signs) of the sign ZCA 11-03/LCPA 11-04 - Sign Ordinance ordinance subiect to specific findings being made and subiect to the approval of a Modified Minor Sign Program by the Citv Planner or a Modified Sign Program by the Planning Commission. The Citv Planner would have the discretion to approve modifications in sign area, sign height and permitted number of signs bv up to 25% of the maximums permitted by the Sign Ordinance and the Planning Commission could approve modifications from greater than 25% up to 50%. The proposed findings require continued consistency with the General Plan and Local Coastal Program and address those factors that are tvpicallv associated with the request including unique size, location, orientation or visibility of the building or freestanding sign. 3^ Allow electtonic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a regional commercial general plan land use designation that have frontage on a fi-eewav (1-5 or 1-78) subiect to the approval of a Conditional Use Permit by the City Council. 4, This proiect also includes a revision to City Council Policy #65 (Signs on Public Property) to allow the Citv to post way-finding (directional) signs off-site and within the public right-of-way or on public propertv to guide residents and visitors to public buildings and facilities, quasi-public buildings, city neighborhoods, philanthropic organizations, cultural/historical destinations, tourist destinations and points of public interest within Carlsbad and other uses, locations or destinations as approved by resolution of the City Council. A variety of other ordinance and sign standards revisions are proposed: however, they are minor in nature and are covered bv the general mle that CEOA applies only to proiects which have the potential for causing a significant effect on the enyironment. Where it can be seen with certainty that there is no possibility that the activity will have a significant impact on the environment, the activity is not subiect to CEQA. The proiect applies to regulations that are applicable to properties citywide. There is no specific proiect site with a specific environmental setting or surrounding land uses. Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. I I Aesthetics I I Greenhouse Gas Emissions Q Population and Housing I I Agricultural and Forestry Q Hazards/Hazardous Materials Q Public Services Resources I I Hydrology/Water Quality I I Air Quality I I Biological Resources I I Cultural Resources I I Geology/Soils I I Land Use and Planning I I Mineral Resources I I Noise I I Recreation I I Transportation/Traffic I I Utilities & Service Systems I I Mandatory Findings of Significance Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance DETERMINATION, (TD be completed by the Lead Agency) )<1 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I I I fmd thot although the proposed project could have a significant effect on the environment, there will not be a significant effcct in this case because the mitigation measnres described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I I I tmd that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I I I find that the proposed projea MAY have "potentially significant inipact(s)" on the environ mem, but at least one potentially significant impact I) has been adequately analyzed in an earlier document pursuant to appUcable tegal standards, and 2) has been addressed by mitigation measujies based on the earlier analysis as described on attached sheets, A Negative Declaration is required, but it must analyze only the cflfects thai remain to be addressed. I I I find that although the proposed project could have a signiflcant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effeas (o) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that eariier ENVIRONMBNTAL IMPACT REPORT or NEGA'nVE DECLARATION, including revisions or mitigation measures that art imposed upon the proposed project. Therefore, nothing further is required. Gku. Do.O^L 7-5-12- Planner Signatlire Date City Planner's Signature Date Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but aH potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none ofthe circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required, • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overridmg Considerations" has been made pursuant to that earlier EIR, • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 10/18/10 IS ZCA 11-03/LCPA 11-04 - Sign Ordinance • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 10/18/10 ^Lfi ZCA 11-03/LCPA 11-04 - Sign Ordinance AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • X • • • • • K • m No Impact - The amendment to the standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and therefore does not: a) adversely affect a scenic vista; b) substantially damage scenic resources; c) degrade the visual character of any site; or d) create substantial light or glare that would adversely affect day or nighttime views. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards and could: a) adversely affect a scenic vista; b) substantially damage scenic resources; c) degrade the visual character of any site; or d) create substantial light or glare that would adversely affect day or nighttime views will be subject to fiirther environmental review pursuant to CEQA on a project- specific basis. Furthermore, since the percentage increase in sign number, area or height permitted through a discretionary modified sign program is limited to 50% and specific findings are required to be made to approve this discretionary permit, adequate control over sign aesthetics and visual quality will still be maintained. Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance II. AGRICULTURAL AND FOREST RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the Califomia Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the Califomia Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the Califomia Air Resources Board.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califomia Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezonmg of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defmed by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Govemment Code section 51104(g))? d) Resuh in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • K • • • • • • • • • • • • No Impact - The amendment to the standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that could: a) result in the conversion of farmland to a non-agricultural use; b) conflict with any existing zoning for agricultural uses or a Williamson Act contract; or c) result in changes to the existing city environment that would cause the conversion of farmland to a non-agricultural use. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has Rev. 10/18/10 1? ZCA 11-03/LCPA 11-04 - Sign Ordinance freeway frontage that is processed pursuant to the amended sign will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control disfrict may be relied upon to make the following determuiations.) Would the project: a) Conflict with or obstmct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact • • • • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • • • m • m • • • K • m • m a) No Impact. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that could conflict or obstmct implementation of the regional air quality plan. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Govemments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other Califomia non-attainment areas having serious ozone problems and used to create the Califomia State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9* through 10* in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. The amendment to the Sign Ordinance is consistent with the General Plan. Section 15125(d) of the State of Califomia Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Confrol Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The Califomia Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Afr Basin, and as such, is located in an area where a RAQS is being implemented. As previously mentioned, the proposed amendments involve text amendments to the Sign Ordinance and City Council Policy #65, and do not include a proposal for physical development of any property. Furthermore, the project does not propose any change that would conflict with or obstioict implementation of an air quality plan. Future development projects that are subject to the amended standards will be reviewed for consistency with the growth assumptions ofthe City's General Plan and the RAQS. Therefore, the project is consistent with the growth assumptions in the regional air quality plan and will in no way conflict with or obstmct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not involve physical development of any site nor any changes to air quality planning/standards. Any ftittire Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that could result in a conti-ibution to a cumulatively considerable potential net increase in emissions throughout the air basin. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site- specific basis. d) No impact. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in exposing sensitive receptors to pollutant concentrations. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. e) No Impact. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in an activity that could create objectionable odors. Any ftiture Modified Sign Program to vary from the standards ofthe 10 Rev. 10/18/10 90 ZCA 11-03/LCPA 11-04 - Sign Ordinance sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological intermption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a free preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • • • • • • • s • • • K • • • s No Impact (a, b, c & d) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in an adverse effect on any sensitive habitat or species, or interference with any native or migratory wildlife corridor or native wildlife nursery site. Any ftittire Modified Sign Program to vary from the standards ofthe sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. No Impact (e & 0 - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in a conflict with local policies and ordinances that protect biological resources or the provisions of any 11 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance habitat conservation plan. Any future Modified Sign Program to vary from the standards ofthe sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly desfroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact • • • Potentially Significant Unless Mitigation Incorporated • • • Less Than Significant Impact • • • No Impact • • • s No Impact (a, b, c & d) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in a disturbance of any human remains or an adverse impact to any historical, archeological, or paleontological resource. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis and will be subject to the City's Cultural Resource Guidelines. 12 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact VI. GEOLOGY AND SOILS - Would the project: a) Expose people or sttiictures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Sttong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Section 1802.3.2 of the Califomia Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanlcs or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X No Impact (a) - There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active of potentially active faults within the City. However, there are several active faults throughout Southem Califomia, and these potential earthquakes could affect Carlsbad. Landslides are also a potential threat in parts ofthe City. All development proposals in Carlsbad are subject to requirements such as the Uniform Building Code earthquake constmction standards and soil remediation that when necessary ensure potential adverse effects are not significant. The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would expose people or sttnctures to potential adverse effects from a known earthquake fault, ground shaking, seismic-related ground failure or landslides. Any ftittire Modified Sign Program to vary from the standards ofthe sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which 13 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. No Impact (b) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in substantial soil erosion on any site. Any ftittire development proposal that is subject to the amended standards will be subject to the City's Engineering standards on a site-specific basis. Any ftittire Modified Sign Program to vary from the standards ofthe sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. No Impact (c, d & e) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in impacts to unstable or expansive soil conditions. Any ftittire development proposal that is subject to the amended standards will be subject to the City's engineering standards on a site-specific basis. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VIL GREENHOUSE GAS EMISSIONS - Would the project: a) Generate greenhouse gas emissions, either directly or Q Q indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation | | | | adopted for the purposes of reducing the emissions of greenhouse gases? No Impact (a and b) The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development ofany site, and does not propose any development that would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment or conflict with an applicable plan, policy or regulation adopted for the purposes of reducing the emissions of greenhouse gases. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. 14 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance Vin. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) b) c) d) e) f) g) h) Create a significant hazard to the public or the environment through the routine ttansport, use, or disposal of hazardous materials? Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airsfrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or stmctures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact • • • • • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • m • m • • • s • • • s • • • K • m • K • m No Impact (a, b, c & d) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in hazards associated with exposure to hazardous materials. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. 15 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance No Impact (e & f) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in exposing people to hazards associated with an airport. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. No Impact (g <& h) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would interfere with the implementation of an adopted emergency response or evacuation plan, or result in exposing people to risk from wildland fires. Any ftiture Modified Sign Program to vary from the standards ofthe sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. 16 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance IX. HYDROLOGY AND WATER QUALITY project: Would the a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattem ofthe site or area, including through the alteration of the course of a stteam or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattem ofthe site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface mnoff in a manner, which would result in flooding on- or off- site? e) Create or conttibute mnoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted mnoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area stmctures, which would impede or redirect flood flows? i) Expose people or stmctures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact • • • • • • Potentially Significant Unless Less Than Mifigation Significant No Incorporated Impact Impact • • • • • m • m • • • K • • • K • • • s • • s • • s • s • s • • • s 17 Rev. 10/18/10 9' ZCA 11-03/LCPA 11-04 - Sign Ordinance No Impact (a, b, c, d, e & f) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would conflict with any water quality standards, impact groundwater supplies/quality, alter any drainage pattem, impact the capacity of existing or planned stormwater drainage systems, or result in the degradation of water quality. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site- specific basis. No Impact (g, h, i, j & k) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in placing housing or any sttiictures within a 100-year flood hazard area, or expose people or sttiicttires to flooding or inundation by seiche, tsunami or mudflow. Any ftittire Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. No Impact (I, m, n & o ) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development ofany site, and does not propose or affect any regulation that would result in increased erosion or pollutant discharges into any surface waters, a change to receiving water quality, or an exceedance of receiving water quality objectives. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. X. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Significant Impact Potentially Significant Unless Mifigafion Incorporated Less Than Significant Impact No Impact • • • X • • • X c) Conflict with any applicable habitat conservation Q Q Q ^ plan or natural community conservation plan? No Impact (a) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development ofany site, and does not propose or affect any regulation that would result in the division of an established community. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to further environmental review pursuant to CEQA on a site-specific basis. No Impact (b) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development ofany site, and does not propose or affect any regulation that would conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating environmental effects. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed 18 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site- specific basis. No Impact (c) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development ofany site, and does not propose or affect any regulation that would conflict with any habitat conservation plan or nattiral community conservation plan. Any ftittire Modified Sign Program to vary from the standards ofthe sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be XI. MINERAL RESOURCES - Would the proj ect: a) Result in the loss of availability of a known mineral resource that would be of ftiture value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Impact Potentially Significant Unless Mifigafion Incorporated Less Than Significant Impact No Impact • • • X • • • X No Impact (a & b) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in the loss of availability of a mineral resource. Any ftittire Modified Sign Program to vary from the standards ofthe sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther envfronmental review pursuant to CEQA on a site-specific basis. 19 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance XII. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundboume noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airsfrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Potentially Unless Less Than Significant Mitigafion Significant No Impact Incorporated Impact Impact • • • K • • • • • • • • • K • m • m • • • K No Impact (a, b, c & d) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in exposing people to excessive noise levels or groundboume vibrations, or increase noise levels. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. No Impact (e & 0 - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in exposing people to excessive noise levels associated with an airport. In addition, the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) will ensure that ftittire residenfial development will not be exposed to excessive noise levels generated by the airport. Also, any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. 20 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance XIII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indfrectly (for example, through extension of roads or other infrastmcture)? b) Displace substantial numbers of existing housing, necessitating the constmcfion of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the constmcfion of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mifigafion Incorporated Less Than Significant No Impact Impact • • • S • • • Kl • • • S No Impact (a, b, & c) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and therefore will not directly induce any growth. Any ftittire Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemment facilifies, a need for new or physically altered govemment facilities, the constmction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Less Than Significant Impact No Impact i) Fire protection? • • • X ii) Police protecfion? • • • X iii) Schools? • • • X iv) Parks? • • • X v) Other public facilifies? • • • X No Impact (a) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in 21 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance adverse impacts to the maintenance of acceptable service ratios, response times or other performance objectives for any public service (fire & police protection, schools, parks and other public facilities). Any ftiture Modified Sign Program to vary from the standards ofthe sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • S b) Does the project include recreational facilities or require the constmction or expansion of recreational facilities, which might have an adverse physical effect on the environment? • • • K No Impact (a & b) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site and therefore it will have no impact on recreational facilities or parks. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. 22 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance XVI. TRANSPORTATION/TRAFFIC - Would the project: a) Confiict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of ttansportation including mass ttansit and non-motorized fravel and relevant components of the circulation system, including but not limited to intersections, stteets, highways and freeways, pedesfrian and bicycle paths, and mass fransit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and fravel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air fraffic pattems, including either an increase in fraffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Confiict with adopted policies, plans, or programs regarding public fransit, bicycle, or pedesfrian facilities, or otherwise decrease the performance or safety of such facilities? Potentially Significant Impact • • • • Potentially Significant Unless Mifigation Incorporated • • Less Than Significant No Impact Impact • X • • • • • • • s • m • m • m • ^ No Impact (a) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site therefore it will not generate any fraffic. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to fiirther envfronmental review pursuant to CEQA on a site-specific basis. No Impact (b) - SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Auport Rd.) and two highway segments in Carlsbad as part of the regional cfrculation system. The Existing and Buildout average daily fraffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 LOS "A-D" "A-D" "A-D" "P" 23 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Achievement ofthe CMP acceptable Level of Service (LOS) "E" standard assumes implementation ofthe adopted CMP sfrategies. Based on the design capacity(ies) of the designated roads and highways and implementafion ofthe CMP sfrategies, they will ftmction at acceptable level(s) of service in the short-term and at buildout. This project proposes no physical development of a property. Further, it does not propose to change or add a standard that would affect levels of service as established by the CMP. Any ftittire Modified Sign Program to vary from the standards ofthe sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. No Impact (c) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in a change in air fraffic pattems or result in substantial safety risks associated with afr fraffic pattems. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther envfronmental review pursuant to CEQA on a site-specific basis. No Impact (d) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would cause a ftiture project to increase hazards due to a design feature or incompatible use. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. No Impact (e, f & g) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would result in inadequate emergency access or parking capacity nor affect any regulation that would conflict with adopted policies, plans or programs supporting altemative fransportation. Any future Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. 24 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance XVII. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater freatment requirements of the applicable Regional Water Quality Confrol Board? b) Requfre or result in the constmction of new water or wastewater freatment facilities or expansion of existing facilifies, the consttuction of which would cause significant environmental effects? c) Require or result in the constmction of new storm water drainage facilities or expansion of existing facilities, the constmcfion of which could cause significant envfronmental effects? d) Have sufficient water supplies available to serve the project from existmg entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater freatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addifion to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact • • • • • • Potenfially Significant Unless Less Than Mifigafion Significant No Incorporated Impact Impact • • • • • • • m • • • K • K • m • m • m No Impact (a) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development ofany site, and does not propose or affect any regulation that would cause ftiture development to exceed any wastewater freatment requfrements. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. No Impact (b, c, d & e) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would increase the need for, or conflict with the current growth projections for water facilities, wastewater freafrnent or drainage facilifies. All public facilities, including water facilities, wastewater freatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. 25 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance No Impact (f & g) - The amendment to standards of the Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would conflict with any regulations related to solid waste, or impact the ability to accommodate solid waste disposal needs within the city. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Condifional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife populafion to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or resfrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable ftiture projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potenfially Significant Potentially Unless Less Than Significant Mifigafion Significant No Impact Incorporated Impact Impact • • • X • • • K • • • K No Impact (a) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would have the potential to degrade the quality of the envfronment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or resfrict the range of a rare or endangered plant or animal or eliminate important examples ofthe major periods of Califomia history or prehistory. Any ftiture Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther environmental review pursuant to CEQA on a site-specific basis. No Impact (b) - San Diego Association of Govemments (SANDAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality confrol, afr quality standards, habitat conservation, congestion management standards, etc, are established to reduce the cumulative impacts of development in the region. All ofthe City's development standards and regulations are consistent with the region-wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, fraffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. 26 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance There are two regional issues that development within the City of Carlsbad has the potenfial to have a cumulafively considerable impact on. Those issues are afr quality and regional circulation. Development of ftiture signs subject to the amended sign standards will not confribute to a cumulatively considerable potential net increase in emissions throughout the afr basin. However, afr quality would be essentially the same whether or not a sign pursuant to the sign standards is implemented. With regard to circulation, the County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional cfrculation system. The CMA has determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The proposed amendments will not affect any policies or standards that would conflict with City or region-wide standards. Also, the proposed amendments do not include a proposal for physical development of any site; therefore, the project will not result in an individually or cumulatively considerable environmental impact. Any ftittire Modified Sign Program to vary from the standards of the sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther envfronmental review pursuant to CEQA on a site-specific basis. No Impact (c) - The amendment to standards ofthe Sign Ordinance and City Council Policy #65 does not include a proposal for physical development of any site, and does not propose or affect any regulation that would cause substantial adverse effects on human beings, either dfrectly or indirectly. Any ftittire Modified Sign Program to vary from the standards ofthe sign ordinance or a City Council Conditional Use Permit for a digital sign at a Regional Commercial Center which has freeway frontage that is processed pursuant to the amended sign standards will be subject to ftirther envfronmental review pursuant to CEQA on a site-specific basis. 27 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 28 Rev, 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis ofthis project and are on file in the City ofCarlsbad Planning Division located at 1635 Faraday Avenue, Carlsbad, Califomia, 92008, 1. Final Master Envfronmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), City ofCarlsbad Planning Division. March 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Division, dated March 1994. 3. City ofCarlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Division, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Division, final approval dated November 2004. 29 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance LIST OF MITIGATING MEASURES (IF APPLICABLE) 30 Rev. 10/18/10 ZCA 11-03/LCPA 11-04 - Sign Ordinance APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 31 Rev. 10/18/10 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 PLANNING COMMISSION RESOLUTION NO. 6927 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO REPEAL AND REENACT THE CITY'S SIGN ORDINANCE (CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE) TO: (1) PROVIDE MORE FLEXIBLE SIGN DEVELOPMENT STANDARDS, (2) INCORPORATE REVISIONS TO ADDRESS FIRST AMENDMENT ISSUES ASSOCIATED WITH THE PERMITTED REGULATION OF NON-COMMERCLAL SIGNAGE, AND TO (3) CLARIFY THE ORDINANCE TO MAKE IT MORE USER FRIENDLY. CASE NAME: SIGN ORDINANCE AMENDMENT CASENQ: ZCA 11-03 . WHEREAS, in accordance with Secfion 21.52.020 of the Carlsbad Municipal Code, the City of Carlsbad has prepared an amendment to Title 21 of the Municipal Code relating to standards ofthe Sign Ordinance (CMC 21.41); and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit «X," dated April 17, 2013, and attached hereto SIGN ORDINANCE AMENDMENT - ZCA 11-03; and WHEREAS, the Planning Commission did on November 21,2012 and April 17, 2013, hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, at said public hearings, upon hearing and considering all testimony and arguments, ifany, of all persons desfring to be heard, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as foflows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of SIGN ORDINANCE AMENDMENT - ZCA 11-03, based on the following findings: 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 Findings; 1 The proposed Zone Code Amendment, ZCA 11-03, is consistent with the General Plan in that: (a) the proposed sign standards wiU protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which faciUtate the safe and smooth flow of traffic without an excess of signage which otherwise could distract motorists or create congestion and safety hazards and (b) the sign standards furthermore serve the City's interests in maintaining and enhancing its visual appeal for residents, visitors and tourists by preventing the degradation of visual quality which can result from excess signage. 2. The proposed Zone Code Amendment, ZCA 11-03, reflects sound principles of good planning in that it: a) ensures internal consistency with the procedures and standards of the rest of the existing Zoning Ordinance that is not proposed for amendment; and b) implements the policies and programs ofthe General Plan* PASSED, APPROVED AND ADOPTED at a regular meefing of the Planning Commission ofthe City ofCarlsbad, Califomia, held on April 17, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Siekmann, Commissioners L'Heureux, Schumacher, Scully and Segall Commissioner Montgomery Commissioner Black KERRY SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: I2I DON NEU City Planner PC RESO NO. 6927 -2- 7 PLANNING COMMISSION RESOLUTION NO. 6928 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 2 APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO REPEAL AND REENACT THE CITY'S ^ SIGN ORDINANCE (CHAPTER 21.41 OF THE CARLSBAD 4 MUNICIPAL CODE) TO: (1) PROVIDE MORE FLEXIBLE SIGN DEVELOPMENT STANDARDS, (2) INCORPORATE 5 REVISIONS DEEMED NECESSARY BY THE CITY'S LEGAL COUNSEL TO ADDRESS FIRST AMENDMENT ISSUES 6 ASSOCIATED WITH THE PERMITTED REGULATION OF NON-COMMERCIAL SIGNAGE, AND TO (3) CLARIFY THE ORDINANCE TO MAKE IT MORE USER FRIENDLY. 8 CASE NAME: SIGN ORDINANCE AMENDMENT CASE NO: LCPA 11-04 . 9 WHEREAS, Califomia State law requires that the Local Coastal Program, 10 J J General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 12 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 13 for an amendment to the Local Coastal Program implementing ordinance; and ^4 WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit "X" dated April 17, 2013, attached to Planning Commission Resolution No. 6927 and incorporated herein by reference, as provided in Public Resources Code Section 30514 and Secfion 13551 of Califomia Code of Regulations Title 19 14, Division 5.5; and 20 WHEREAS, the Planning Commission did on November 21, 2012 and April 17, ^ ^ 2013, hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, ifany, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and 25 WHEREAS, State Coastal Guidelines requires a six-week public review period 27 for any amendment to the Local Coastal Program. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 15 16 17 18 22 23 24 25 1 A) That the foregoing recitations are tme and correct. B) At the end of the State-mandated six-week review period, starting on June 29, 2 2012 and ending on August 11, 2012, staff shall present to tiie City Council a summary of the comments received. 4 C) That based on the evidence presented at the public hearing, tiie Commission 5 RECOMMENDS APPROVAL of SIGN ORDINANCE AMENDMENT - LCPA 11-04 based on the following findings: 6 7 Findings: 8 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in confonnity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 9 of tiie Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance, and do not conflict with any coastal zone regulations, land use designations or policies, with which signage and development must comply. 10 11 12 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zone Code Amendment (ZCA 11-03). 27 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning 13 14 J 5 Commission of tiie City of Carlsbad, held on April 17,2013, by tiie following vote, to wit: 15 AYES: Chairperson Siekmann, Commissioners L'Heureux, Schumacher, Scully and Segall 17 18 ABSENT: Commissioner Black 20 ABSTAIN: NOES: Commissioner Montgomery 21 22 KERRY SIEKMANN, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 26 ATTEST: ^7t 28 DON NEU City Planner PC RESO NO. 6928 -2- EXHIBIT 8 Sign Ordinance Amendment Text Language to Allow Electronic Message Board Signs or Digital Displays at Regional Commercial Centers that was Originally Proposed bv Staff Section 21.41.095 "Regional commercial centers with a regional commercial general plan land use designation that have frontage on a freeway (1-5 or SR-78) may include electronic message board sign(s) subject to the approval of a conditional use permit by the City Council. The CUP will include detailed electronic message board sign development standards and is subject to required findings by the City Council." EXHIBIT 9 The City of Carlsbad Plaiming Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: November 21, 2012 Project Planner: Chris DeCerbo Project Engineer: N/A SUBJECT: L ZCA 11-03/LCPA 11-04- SIGN ORDINANCE AMENDMENT - A request for a recommendation to adopt a Negative Declaration, and recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to repeal and reenact the City's Sign Ordinance (Chapter 21.41 of the Carlsbad Mimicipal Code) to: (1) incorporate revisions deemed necessary by the City's legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage, (2) provide more flexible sign development standards, (3) allow electronic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a Regional Commercial General Plan land use designation that have frontage on a freeway (1-5 or SR-78) and (4) clarify the ordinance to make it more user friendly. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6926 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 6927 and 6928 RECOMMENDING APPROVAL of ZCA 11-03 and LCPA 11-04 based on the findings contained therein. II. INTRODUCTION This project constitutes an overall amendment to the City's Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) since its last comprehensive update in 2001. The objectives ofthe amendment focus on revisions necessary for the ordinance to continue to comply with signage constitutional case law, revisions to provide more signage flexibility than the existing ordinance allows for, revisions to allow for digital signs at select regional commercial centers and revisions to make the ordinance more readable and easier to understand by the general public. The proposed amendments are consistent with the General Plan and maintain intemal consistency with the Zoning Ordinance and Local Coastal Program (LCP). With regard to the LCP Amendment, the Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is necessary. However, no portion of the LCP land use plan document is proposed to be amended. The staff report also includes a brief discussion of revisions to City Council Policy #65 (Signs on Public Property) which is not subject to review and approval by the Planning Commission but has been included as information for the Planning Commission. 01 ZCA 11-03/LCPA 11-04 - SIGN ORDINANCE AMENDMENT November 21, 2012 Page 2 . —_ Prior to scheduling this Zone Code Amendment for public hearing, staff posted the draft ordinance and revised City Council Policy #65 on the City's website (June 25, 2012 - July 23, 2012) and distributed a request for comments letter to interested parties within the Carlsbad development community (i.e.; the Chamber of Commerce, Building Industry Association, developers and planning consultants). Additionally, the project requires a 6-week public notice period for the associated LCPA. No comments regarding the proposed ordinance revisions were received. III. PROJECT DESCRIPTION AND BACKGROUND The City's Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) was last comprehensively amended in 2001. Since that time, staff has identified a number of issues (discussed below) with the existing Sign Ordinance, including requests from business owners for increased sign area, which merit reconsideration and potential amendment. Furthermore, a variety of ordinance amendments are recommended by the City's legal counsel (Randall R. Morrison) who specializes in the constitutional legality of municipal sign ordinances. City staff prepared a Sign Ordinance White Paper for the City Council regarding identified signage issues within the City (See Attachment #6). On April 19, 2011 the City Council discussed the Sign Ordinance White Paper at a public workshop and directed staff to amend the Sign Ordinance and City Council Policy #65 (Signs on Public Property) to address the identified issues. Consistent with this direction, this project is a proposed amendment to the Sign Ordinance and City Council Policy #65 to: (1) incorporate revisions deemed necessary by the City's legal counsel to address first amendment issues associated with the permitted regulation of non- commercial signage, (2) provide more flexible sign development standards, (3) allow electronic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carlsbad) with a Regional Commercial General Plan land use designation that have frontage on a freeway (1-5 or SR-78) and (4) clarify the ordinance to make it more user friendly. Furthermore, the ordinance has been reformatted to be consistent with the standard outline format (A.l.a. i.) used in the other chapters of the Zoning Ordinance. A discussion of these and other topics is included below. 1. Constitutional Case Law The sign ordinance, which was last comprehensively amended in 2001, in large part to address constitutional case law at the time regarding the permitted regulation of signage, is proposed for further refinement toward that same legal objective. The proposed amendments include: (1) sign definition revisions to clearly differentiate between the types of sign which are either permitted or prohibited within the City, (2) clarified provisions to emphasize that an ovmer of a permitted sign has a right to substitute a noncommercial message for a commercial message on the sign and (3) clarifying text to emphasize that the sign ordinance can only regulate the time, place and manner of construction ofany sign but may not regulate the message on the sign. ZCA 11-03/LCPA 11-04 - SIGN ORDINANCE AMENDMENT November 21,2012 Page 3 — 2. Request for Standards flexibility The business community has requested that the City consider amending its Sign Ordinance to provide more flexible (less restrictive) sign standards for nonresidential buildings and uses, particularly in the midst of the ongoing economic recession, whereby businesses could greatiy benefit from any additional opportunities to more easily identify their businesses. For reference, prior to 2001, the City's Sign Ordinance was more flexible in that it primarily regulated the maximum total sign area permitted per zone by a simple formula (i.e., 2 square feet (SF) for the R-l and R-2 zones; 20 SF for the R-3 and RD-M zones; and 1.5 SF for all other nonresidential zones times the lineal footage of building frontage). As an example, a nonresidential building with a building frontage of 200 feet would be permitted 300 SF of total signage (200' x 1.5 SF. = 300 SF). There were generally no other comprehensive sign standards regulating the maximum permitted number and location of various sign types (i.e., wall, monument, pole and directional signs) nor their physical attributes (i.e., maximum permitted sign area, number of permitted signs or maximum sign letter height). In 2001, the City's Sign Ordinance was comprehensively amended with the primary objective of creating more restrictive sign regulations consistent with the City's interest in preserving the community's aesthetic values and traffic safety, while providing adequate channels of communication and complying with current constitutional case law. Based upon these objectives, the Sign Ordinance was amended to provide more restrictive and comprehensive sign standards with respect to the permitted number, size, letter height, type, and location of signs for varying zones and uses. At that time, most of the nonresidential buildings in the City's business parks ranged in size between 15,000 and 50,000 SF in area; few buildings, exceeded 100,000 SF in area. Accordingly, the current adopted sign standards, including the maximum wall sign area (50 SF), the number of allowed wall signs (1 to 3, depending on building size), and letter height (18" - 36"), were deemed adequate to identify the types and sizes of existing businesses. More recentiy, a newer generation of larger office/industrial and commercial buildings (i.e., 50,000 to 100,000 SF and greater than 100,000 SF) have been approved/built in the City (i.e., ViaSat, Life Technologies, ISIS Pharmaceuticals, Lowe's, Bressi Ranch Self Storage). In this context, the City has reviewed a number of sign variance applications from some of the larger nonresidential businesses (Life Technologies, Lowe's and Bressi Ranch Self Storage) requesting approval of an increase in the maximum sign area, number of signs, and letter height standards so that the signage is more appropriately proportioned and in scale with the larger size of the buildings. Based upon these circumstances, staff is recommending that the Sign Ordinance be amended to address the signage needs of these larger nonresidential buildings in a manner that provides for adequate signage identification, while continuing to maintain the overall high quality of signage aesthetics in the City. In response to these comments from the residential development and business community that the Sign Ordinance is over regulatory with respect to permitted signage, staff is recommending that some sign standards be increased in number, area and/or dimension, and for comparable land 0^ ZCA 11-03/LCPA 11-04 - SIGN ORDINANCE AMENDMENT November 21, 2012 Page 4 uses, be revised to be more uniform in sign area, height and number of signs. Additionally in order to provide more flexible standards, staff is recommending that signage which varies from the Sign Ordinance be allowed through discretionary Modified Sign Programs (MSP) as discussed below. The revised sign standards continue to achieve a good balance between providing residents and businesses an adequate opportunity to communicate while maintaining the City's aesthetic environment. • Sign Programs A sign program is a plan that integrates signs for a project with buildings, site and landscaping design to form a unified architectural statement. A sign program also fimctions as a master record of permitted and actual signage on a property. This information provides the City with a significant benefit in administering signs for the property. The Sign Ordinance currently mandates that comprehensive sign programs: (1) be required and approved for all master plans, specific plans, commercial projects, and industrial/office projects > 25 acres in area, (2) that new sign programs may not supersede the sign regulations ofthe Sign Ordinance and (3) that sign programs which were approved prior to the last comprehensive sign ordinance amendment (2001) be amended to comply with all development and design standards of the amended sign ordinance if the sign program is proposed for amendment to increase sign area. In comparison, the City's former Sign Ordinance (pre 2001) allowed for projects with an approved sign program to vary from the sign regulations of the Sign Ordinance. Given the overall sign aesthetic and administtative benefits to the City of a comprehensive sign program for larger prominent nonresidential and master/specific planned projects, staff is recommending that the Sign Ordinance be considered for amendment to allow for projects with an approved comprehensive Modified Sign Program (MSP) to vary fi-om the sign regulations of the Sign Ordinance. The recommended discretionary review process to vary from the sign standards (either through a Modified Minor Sign Program or a Modified Major Sign Program) is dependent on the amount of standards variation requested. Staff is recommending that the City Planner be allowed to approve variations in the permitted number, area and/or height of signs by up to 25% and the Planning Commission could approve variations from 25%+ to 50%. This would provide the signage flexibility required for these uses and would therefore reduce the number of sign variance requests, while still maintaining strong control over sign aesthetics and quality. Furthermore, staff is also recommending that other types of projects than larger prominent nonresidential and master/specific planned projects be eligible to apply for a Minor or Major Sign Program permit to vary from Sign Ordinance development standards. ZCA 11-03/LCPA 11-04 - SIGN ORDINANCE AMENDMENT November 21, 2012 Page 5 — 3. Digital Signs Many cities are grappling with the policy issue of whether, or to what degree, they should allow digital signs. The City's Sign Ordinance currentiy prohibits digital signs. Such signs are known by various names, including "electronic message board signs", "digital displays" or "electronic readerboards" and they are often times used by public schools and municipalities to promote community events, and in some cases auto or commercial centers on freeway corridors for advertising purposes. Regardless of name, digital signs allow the image on the sign to be changed firequentiy, usually by remote control. Most digital signs are capable of ftill motion video, which is allowed in some intense entertainment areas, such as the Las Vegas Strip or Times Square NYC. But most digital signs display a sequence of images, "slide show" style. The time that each image is on display is called "dwell time". Cities that allow digital signs often set rules about dwell times (typically between 4 and 8 seconds), time of transition between messages (typically 1 second), brightness ofthe screen (typically a day allowance and night allowance) and that message displays shall be limited to the advertising of businesses conducted or services or goods available for sale, rent or use upon the same premises where the sign is located or noncommercial messages. Staff has recentiy received requests from the City's regional commercial center representatives (Car Country Carlsbad and Plaza Camino Real) to allow digital signage to enable these regional centers to compete with the most modem signage technology. In response, staff is recommending that electronic message board signs or digital displays be permitted at regional commercial centers with a Regional Commercial General Plan land use designation that have frontage on a freeway (1-5 or SR-78) subject to the approval of a Conditional Use Permit (CUP) by the City Council. The specific details of the individual electronic message board sign (i.e.; the "dwell time", the time of transition between messages and the brightness ofthe screen will be decided upon on a case basis for each CUP). The recommendation that the City Council be the approval authority is consistent with what other surrounding local jurisdictions within the State have required for digital signs. 4. Ordinance Reformatting The Sign Ordinance is proposed to be reformatted to be consistent with the standard outline format (A.l.a. i.) used in other chapters of the Zoning Ordinance, and reorganized to be more readable and user friendly. 5. Way-finding Signs The City has received requests from a variety of non-profit and tourist organizations (i.e. Agua Hedionda Lagoon Discovery Center and the Chamber of Commerce) to allow them to post way- finding (directional) signs off-site and within the public right-of-way or on public property to guide residents and visitors to public buildings, public facilities, quasi-public buildings, cultural/historical destinations, tourist destinations and public points of interest within Carlsbad. Although not under the review authority of the Planning Commission, staff is supportive of this request and City Council Policy #65 (Signs on Public Property) is proposed for amendment to allow for the City to post "Way-finding Signs" within the public right-of-way for this purpose. l\ ZCA 11-03/LCPA 11-04 - SIGN ORDINANCE AMENDMENT November 21, 2012 Page 6 . The signs will function to provide off-site directional guidance and easier access to visitors seeking any of these public destinations. IV. ANALYSIS For a specific description of each proposed substantive amendment and its associated analysis, please see the analysis table (Attachment 4) and the strike-out and underline version of the amendments (Attachment 5). The recommendation for approval of this project was developed by analyzing its compliance/consistency with the following: A. Carlsbad General Plan; B. Zoning Ordinance (Titie 21); and C. Local Coastal Program. A. General Plan Pursuant to State Planning Law, a City's Zoning Ordinance is one of the primary means for implementing a City's General Plan. Accordingly, any amendment to a Zoning Ordinance is required to be consistent with the applicable policies and programs ofthe General Plan. While the General Plan does not include any policies or programs specifically related to signage, this proposed amendment to the Sign Ordinance is consistent with the General Plan in that the proposed amended sign standards will implement the City's public safety and community design standards as set forth in the General Plan. Specifically, the proposed sign standards will protect and improve pedestrian and vehicular traffic safety by balancing the need for readable signs which facilitate the safe and smooth flow of traffic without an excess of signage which otherwise could distract motorists or create congestion and safety hazards. While the proposed sign standards revisions will improve the readability of signage for motorists seeking destinations, the more flexible sign standards will continue to serve the City's interests in maintaining and enhancing its visual appeal for residents, visitors and tourists by preventing the degradation of visual quality which can result from excess signage. B. Zoning Ordinance An integral component of any zoning ordinance amendment is a requirement to find that the proposed text amendments are intemally consistent with the procedures and standards ofthe rest of the existing zoning ordinance that is not proposed for amendment. With the exception of Subsection 21.208.100(B) of the Commercial/Visitor Serving Overlay Zone, all Zoning Ordinance standards and procedures relating to signage are located within the Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code). None of the proposed Sign Ordinance revisions are inconsistent with Subsection 21.208.100(B) of the Commercial/Visitor Serving Overlay Zone or other provisions of the Zoning Ordinance. ZCA 11 -03/LCPA 11 -04 - SIGN ORDINANCE AMENDMENT November 21, 2012 Page 7 C. Local Coastal Program The existing Sign Ordinance (Chapter 21.41 of the CMC) is included in the City's Zoning Ordinance, which is one of the implementing ordinances for the Local Coastal Program (LCP). Because the proposed amendment to the Sign Ordinance would apply within the City's Coastal Zone, a Local Coastal Program Amendment is being processed to ensure consistency between the proposed amended Sign Ordinance and the City's LCP. LCPA 11-04 will add the replacement version of the Sign Ordinance to the implementation portion of all of the City's LCP segments. The policies of the Local Coastal Program emphasize topics such as preservation of agricultural lands and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The Mello II segment does however include one Signage Policy 8.5. With respect to signage in the Coastal Zone, Section 21.41.090 of the Sign Ordinance (Coastal zone sign standards) includes the coastal zone sign standards of Policy 8.5 and specifies that if there is a conflict between the coastal zone sign standards of this section and any other regulations of the Sign Ordinance, the coastal zone sign standards shall prevail. Otherwise, within the coastal zone, the sign regulations of the Sign Ordinance shall apply. Therefore, the proposed Sign Ordinance is consistent with the City's LCP. V. ENVIRONMENTAL REVIEW Staff has conducted an environmental impact assessment (EIA) to determine if the project could have a potentially significant impact on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The EIA concluded that the project would not result in a potentially significant impact on the environment. In consideration of the foregoing, the City Plarmer issued a Notice of Intent to adopt a Negative Declaration for the project on July 13, 2012. No comments were received during the 30-day review period (July 13, 2012 - August 13, 2012). ATTACHMENTS: 1. Planning Commission Resolution No. 6926 (ND) 2. Plarming Commission Resolution No. 6927 (ZCA) 3. Planning Commission Resolution No. 6928 (LCPA) 4. Analysis table for proposed Sign Ordinance and City Council Policy #65 text amendments 5. Strike-out and underline version of the proposed Sign Ordinance and City Council Policy #65 text amendments 6. Sign Ordinance White Paper The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: April 17, 2013 Project Planner: Chris DeCerbo Project Engineer: N/A SUBJECT: ZCA 11-03/LCPA 11-04- SIGN ORDINANCE AMENDMENT - A request for a recommendation to adopt a Negative Declaration, and recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to repeal and reenact the City's Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) to: (1) incorporate revisions to address first amendment issues associated with the permitted regulation of non-commercial signage, (2) provide more flexible sign development standards, and (3) clarify the ordinance to make it more user friendly. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6926 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 6927 and 6928 RECOMMENDING APPROVAL of ZCA 11-03 and LCPA 11-04 based on the findings contained therein. II. PROJECT DESCRIPTION This item was presented to the Planning Commission on November 21, 2012. After staff presentation and Planning Commission discussion, the item was continued to December 5, 2012. Staff was unable to complete the required research and revisions to the Sign Ordinance in time for the December 5, 2012 Planning Commission meeting. Accordingly, this item was again continued to a date uncertain. On November 21,2012, the Planning Commission provided direction to staff to revise the draft Sign Ordinance and City Council Policy #65 (Signs on City Property) to: 1) generally reduce the amount of signage flexibility originally recommended for nonresidential uses while allowing for an appropriate amount of sign flexibility for larger sized (100,000 SF) nonresidential buildings, 2) to continue to prohibit digital signs within the City, 3) to continue to limit campaign signs within the public right-of-way to a maximum of 20 days preceding an election and to reduce the display time for campaign signs on private property from 45 days to 20 days preceding an election, and to 4) allow off-site way-finding signs within the public right-of-way provided that they are uniform in design. In response to the Planning Commission direction, the Sign Ordinance and City Council Policy #65 have been revised as discussed below. The specific revisions to the draft Sign Ordinance and City Council Policy #65 based upon Planning Commission direction are shown in a strike- out and underline format on Attachments 6 and 7 respectively. Comprehensive strike-out and underline versions of the proposed Sign Ordinance and City Council Policy #65, that include ZCA 11-03/LCPA 11-04 - SIGN ORDINANCE AMENDMENT April 17, 2013 PAGE 2 — staffs originally proposed changes that were accepted by the Planning Commission, the previous two errata sheets that were distributed to flie Planning Commission and the Planning Commission requested revisions are included in Attachments 8 and 9 respectively. Draft City Council ordinance Exhibit "X", dated April 17, 2013 that includes all comprehensive revisions is attached to Planning Commission Resolution 6927. 1) Reduce the amount of signage flexibility originally recommended for nonresidential uses while allowing for an appropriate amount of sign flexibility for larger sized (100.000 SF) nonresidential buildings. Staff has amended the Sign Ordinance to reduce the number of wall signs from what were originally proposed for office and industrial buildings located in the P-M, M or C-M zones. A comparison of the number of wall signs per building size allowed by the existing Sign Ordinance, the original proposed Sign Ordinance and the revised proposed Sign Ordinance is included in Table "A" below. When comparing the original proposed Sign Ordinance to the revised proposed Sign Ordinance, the number of wall signs per building has been reduced. The smaller buildings (<50,000 SF) would still be allowed 2 signs per building and a maximum of 1 sign per building elevation (rather than per street frontage). Buildings between 50,000 and 100,000 SF in area would be allowed 3 signs per building (instead of 4) and a maximum of 2 signs per building elevation. Buildings greater than 100,000 SF in area would be allowed 4 signs per building (instead of 6) and a maximum of 2 (instead of 3) signs per building elevation. Additionally, the maximum wall sign area for buildings greater than 100,000 SF has been reduced from 75 SF to 70 SF. It is also important to note that when comparing the existing Sign Ordinance to the proposed Sign Ordinance, the range of building sizes have been increased as follows: • from < 35,000 SF to < 50,000 SF; • from 35,000 SF - 60,000 SF to 50,000 SF - 100,000 SF; and • from > 60,000 SF to > 100,000 SF. It is in this context that staff is recommending a comparable increase in the number of walls signs per building since the buildings are larger in size. ZCA 11-03/LCPA 11-04 - SIGN ORDINANCE AMENDMENT AprU 17, 2013 PAGE 3 ^ EXISTING SIGN ORD. BUILDING SIZE EXISTING SIGN ORD. NUMBER OF WALL SIGNS PROPOSED SIGN ORD. BUILDING SIZE ORIGINAL PROPOSED SIGN ORD. NUMBER OF WALL SIGNS REVISED PROPOSED SIGN ORD. NUMBER OF WALL SIGNS < 35,000 SF 1 <50,000 SF 2 2* 35,000- 60,000 SF 2 50,000 - 100,000 SF 4 3** > 60,000 SF 3 >100,000 SF 6 * 1 sign^uilding elevation ** 2 signs/building elevation Furthermore, the Modified Sign Program provisions have been revised whereby the maximum increase in the number of signs or dimensions achievable through a Minor or Major Modified Sign Program has been reduced from 25% to 15% and from 50% to 30% respectively. With this revision, staff is recommending that the previously proposed rounding rule for Modified Sign Programs be revised from "any fraction of a sign that is greater or equal to .5 would be rounded up to the nearest whole number" to "any fraction of a sign would be rounded up to the nearest whole number." The change in the rounding rule is proposed in order to allow the ability to permit an additional sign through a Minor or Major Modified Sign Program. Table "B" includes the number of wall signs based upon the original proposed Sign Ordinance permitted number of wall signs (2, 4 and 6) with the original Modified Sign Program percentage increases (25% or 50%) and the original proposed rounding rule (round up if .5 or greater). BUILDING SIZE ORIGINAL PROPOSED SIGN ORD. PERMITTED # OF WALL SIGNS PERMITTED # OF WALL SIGNS WITH 25% INCREASE PERMITTED # OF WALL SIGNS WITH 50% INCREASE <50,000 SF 2 3 3 50,000 - 100,000 SF 4 5 6 >100,000 SF 6 8 9 Table "C" includes the number of wall signs based upon the revised proposed Sign Ordinance permitted number of wall signs (2, 3 and 4) with revised Modified Sign Program percentage increases (15% or 30%) and the new proposed rounding rule (any fraction of a sign is rounded up). ZCA 11-03/LCPA 11-04 - SIGN ORDINANCE AMENDMENT April 17,2013 PAGE 4 TABLE C BUILDING SIZE REVISED PROPOSED SIGN ORD. PERMITTED # OF WALL SIGNS PERMITTED # OF WALL SIGNS WITH 15% INCREASE PERMITTED # OF WALL SIGNS WITH 30% INCREASE <50,000 SF 2 3 3 50,000 - 100,000 SF 3 4 4 >100,000 SF 4 5 6 A comparison between the two tables clearly demonstrates that the number of permitted wall signs achievable through these Modified Sign Program revisions has been significantly reduced from what was originally proposed. It is also important to remember that the achievement of an additional sign through a Modified Sign Program is only possible if the applicant satisfies specific findings. 2) Continue to prohibit digital signs within the Citv. The Sign Ordinance has been amended to remove the provisions which would allow electronic message board signs at regional commercial centers with a Regional Commercial general plan land use designation that have frontage on a freeway (1-5 or SR 78), subject to the approval of a Conditional Use Permit by the City Council. The Sign Ordinance now clearly prohibits electronic message board signs and digital display signs throughout the City. 3) Continue to limit campaign signs within the public right-of-way to a maximum of 20 days preceding an election and to reduce the displav time for campaign signs on private propertv from 45 days to 20 davs preceding an election. City Council Policy #65 (Signs on City Property) has been amended to continue to limit campaign signs within the public right-of-way to a maximum of 20 days preceding an election and the Sign Ordinance has been amended to reduce the display time for campaign signs on private property from 45 days to 20 days preceding an election. This revision will continue to allow an ample amount of time (20 days preceding an election) to post campaign signs on public and private property and will simplify and facilitate the code enforcement of campaign signs throughout the City since the display times (20 days) for both public and private property are the same. 4) Allow off-site way-finding signs within the public right-of-way provided that thev are uniform in design. City Council Policy #65 (Signs on City Property) has been amended to specify that the City's way-finding signs shall be as approved by the City with a uniform design that includes the City's logo. This will ensure that way-finding signage will be consistent in design and therefore easily recognizable by the public. ZCA 11-03/LCPA 11-04 - SIGN ORDINANCE AMENDMENT April 17, 2013 PAGE 5 III. ANALYSIS With these proposed revisions, the project still remains consistent with the General Plan, Zoning Ordinance and Local Coastal Program, as discussed in the Planning Commission staff report ZCA 11-03/LCPA 11-04, dated November 21, 2012. ATTACHMENTS; 1. Planning Commission Resolution No. 6926 (ND) 2. Planning Commission Resolution No. 6927 (ZCA) 3. Planning Commission Resolution No. 6928 (LCPA) 4. Staff Report dated December 5, 2012 (previously distributed and available at http://www.carisbadca.gov/cityhall/clerk/Pages/dms.aspx) 5. Staff Report dated November 21, 2012 without resolutions (previously distributed as Attachment 1 to above Staff Report and available at http://www.carlsbadca.goy/cityhall/clerk/Pages/dms.aspx) 6. Strike-out and underiine version of the revised Sign Ordinance that clearly identifies the specific revisions based upon Planning Commission direction. 7. Strike-out and underiine version of the revised City Council Policy #65 that cleariy identifies the specific revisions based upon Planning Commission direction. 8. Comprehensive strike-out and underline version of the proposed Sign Ordinance that includes staffs originally proposed changes that were accepted by the Planning Commission, the previous errata sheets that were distributed to the Planning Commission and the Planning Commission requested revisions. 9. Comprehensive strike-out and underiine version of the proposed City Council Policy #65 that includes staffs originally proposed changes that were accepted by the Planning Commission, the previous errata sheets that were distributed to the Planning Commission and the Planning Commission requested revisions. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Chapter 21.41 SIGN ORDINANCE Sections: 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 and modified 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. 21.41.005 Purpose. A. The purposes of the sign ordinance codified in this chapter include to: 1. Implement the city's community design and safety standards as set forth in the general plan; 2. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs; 3. 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; 4. Eliminate the traffic safety hazards to pedestrians and motorists posed by off-site signs bearing commercial messages; 5. 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; 6. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages; 7. 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; 8. 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; 9. Minimize the possible adverse effects of signs on nearby city and private property; 10. Serve the city's interests in maintaining and enhancing its visual appeal for STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 tourists and other visitors, by preventing the degradation of visual quality which can result from excess signage; 11. Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the city; 12. 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 -13. Enable the fair, consistent and efficient enforcement of the sign regulations of the city. 21.41.010 Applicability. A. The provisions of this chapter shall apply generally to all zones established by this titie. B. Properties and uses in the village review (VR) zone are regulated first by the sign standards of the Carlsbad village master plan and design manual, and then, to the extent not covered by said master plan and design manual, by the provisions ofthis chapter. C. Signs on city property, both within the village review zone and other zones, are controlled by City Council Policy, not by this chapter. D. In those areas of the city where master plan or specific plan sign standards or sign programs are adopted by ordinance as special zoning regulations, those sign standards or sign programs shall apply; however, the "message substitution" provisions of this chapter, section 21.41.025(2), shall apply to such programs and plans. E. All other sign programs that were approved prior to the effective date of this chapter, but not by ordinance, are subject only to the "message substitution" provisions of this chapter (section 21.41.025(2)). F. 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 othenA/ise stated. 21.41.020 Definitions. A. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: 1. "Abandoned sign" means any sign that meets any of the following criteria: a. Sign is located on property that becomes vacant or unoccupied for a period of at least 90 days, b. Sign which pertains to any occupant or business unrelated to the premises present occupant or business, or c. Sign 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. "Advertising for hire". See "General advertising" 4. "Address sign" means the identification of the location of a building or use on a street by a number(s). 5. "A-frame sign" means a freestanding sign 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," functionally similar signs are also within this definition. 6. "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 and STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 does not apply to electronic message board signs or digital displays. 7 "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. 8. "Average grade" means the average level of the finished surface of the ground directiy beneath a monument or pole sign. 9. "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. 10. "Balloon" means a small inflatable device used for purposes of commercial signage, advertising or attention getting. See also "inflatable signs." 11. "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 fiag, as defined, shall not be considered a banner. 12. "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. 13. "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. 14. "Billboard" means a permanent structure sign in a fixed location which meets any one or more of the following criteria: a. Sign is used for the display of off-site commercial advertising; b. Sign is used for general advertising, also known as advertising for hire; c. Display space on the sign is customarily used to display messages sponsored by persons or entities other than the owner of the sign and/or the owner of the land on which the sign is located; or d. The sign is not accessory or appurtenant to a principal use of the land. 15. "Building elevation" means the front, rear or side of the external face of a building. 16. "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. 17§. "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. 187. "Bus stop signs" means 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. 198. "Canopy sign." See "awning sign." 2049. "Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be physically or mechanically changed or rearranged without altering the face or the surface ofthe sign. This does not include a digital display. 210. "Channel lettered sign" means a sign with individually cut, three dimensional letters or figures affixed to a building or sign structure. 224. "City property" means all land located within the corporate limits of the city to which the City holds the present right of possession and control, or is part of the public right-of- way located within the city. The definition also includes facilities and properties owned or operated by the city. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 232. "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. 243. "Commercial mascot" means a live person or animal so attired or costumed as to portray or express a commercial image when visible from any portion of the public right-of-way. This includes sign twirlers and sign spinners. 254. "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 or economic interests. 26§. "Construction sign" means a temporary sign displayed on real property on which construction of new improvements is occurring during the time period which begins with the issuance of the first necessary permit for the construction and ends with the latest of any of the following, or their functional equivalents: notice of completion or certificate of occupancy. 27§. "Cornerstone" means stone or other wall portion laid at or near the foundation of a building and which indicates in permanent markings the year of construction. Also called "foundation stone." 287. "Digital display" means a physical method of Image presentation using LCD (liquid crystal display), LED (light emitting diode), plasma displays, projected images, or other functionally equivalent display technologies. Signs using such display methods are called by various names, including CEVMS (commercial electronic variable message signs or changeable electronic variable message signs), electronic message boards, electronic reader boards, dynamic signs, digital signs, electronic signs, message centers, and similar terms. 298. "Directional sign" means an on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site. 3029. "Directory sign" means a sign listing the persons, activities or tenants located on- site. 310. "Eaveline" means the bottom of the roof eave or parapet. 324. "Establishment" means any organization or activity which uses land for purposes other than residential use. It includes all business and commercial uses, as well as institutional, public, semi-public and other noncommercial uses but does not Include private residential uses; however hotels, motels, inns, bed and breakfast places, etc. are within this definition. Automated facilities, which have live persons in attendance only during limited or maintenance hours (i.e., power transformer stations, broadcasting towers, water tanks, weather data collection stations, vending machines, etc.) are not within this definition. 33a. "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. 343. "Fagade sign" means a sign fastened to the exterior walls of a building exposed to public view. See also "wall sign." 354. "Fascia sign" means a sign fastened to or engraved in the band or board at the edge of a roof overhang. 365. "Flag" means a device, generally made of flexible materials such as cloth, fabric, paper or plastic, usually used as a symbol of a government, political subdivision, public agency, company logo, belief system or concept. 37§. "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. 387. "Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and pole signs. 398. "Freeway service station" means a gas/service station located on a property that STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 is contiguous to a freeway interchange. 4039. "General advertising" means the business or practice of offenng sign display space, usually for a fee or other consideration, to one or more commercial advertisers. "Advertising for hire" has the same meaning. 410. "Hand held" means those signs or visual communication devices which are held by or othenA/ise mounted on human beings or animals. 424. "Inflatable signs" or "inflatable attention-getting devices" means any device filled with air or gas, that is , attached or tethered to the ground, site, merchandise, building or roof and used for the purposes of commercial signage, advertising or attention getting. Commercial advertising blimps, when tethered, are within this definition. 432. "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. 443. "Logo" means a trademark or symbol of an organization, belief system or concept. 454. "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. Also includes devices sold under commercial names such as Promethean Boards, Activeboards, and functionally similar devices. 46§. "Marquee" mearts a permanent canopy structure attached to and supported by a building and projecting near or over private sidewalks or public rights-of-way, generally located near the entrance to a hotel, theater or entertainment use, and used as a display surface for a sign message. 476. "Master plan" means a plan prepared and adopted pursuant to Chapter 21.38 of this code. 487. "Mobile billboard" means a vehicle for which the primary use is the display of general advertising message(s). 498. "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. A monument sign does not include poles or pylons. Contrast; pole sign. 5049. "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. 510. "Multi-tenant building" means a nonresidential building in which there exists two or more separate nonresidential tenant spaces, businesses or establishments. 524. "Neon sign" means a sign that utilizes neon or other fiuorescing, inert or rarified gases within translucent tubing in or on any part ofthe sign structure. 532. "Noncommercial message " means any image on a sign which conveys or expresses commentary on topics of public concern and debate, including , by way of example and not limitation, social, political, educational, religious, scientific, artistic, philosophical and charitable subjects. This definition also includes signs regarding fund raising or membership drive activities for noncommercial or nonprofit concerns. 543. "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 or other later enactments. 554. "On-site sign" means 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. The on-site/off-site distinction applies only to commercial messages. I 56§. "Ofl'-site sign" means any sign that gives directions to or identifies a commercial STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 use, product or activity not located or available on the same premises as the sign. The on- site/off-site distinction applies only to commercial messages. There is no location criterion for noncommercial messages. 57§, "Pennant" means an individual or a series of lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, designed to move in the wind, 587. "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. The message display of a sign may be changed without affecting its character as a permanent sign. 598. "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. 60§9. "Pole sign" means a freestanding sign, that is greater than six feet in height and is supported by one or more vertical supports. The definition applies even if the support poles or pylons are covered with cladding or skirting. 610. "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 or water vessels. 624. "Premises" means 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. 632. "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 efl'ect at the time of construction, display or use. 643. "Projecting sign" means a sign which projects more than ten inches from a wall or other vertical surface, generally at about ninety degrees. 654. "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. 66§. "Regional commercial center" means a commercial development located upon a property with a regional commercial general plan land use designation and having the following characteristics: project site area between thirty and one hundred acres; gross lease area between three hundred thousand and one million five hundred thousand square feet; major tenants may include full-line department stores (two or more), factory outlet centers, power centers of several high volume specialty stores, warehouse club stores or automobile dealerships; secondary tenants may include a full range of specialty retail, restaurants and entertainment. A center is still within this definition even if it includes one or more noncommercial uses. 676. "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. 687. "Roof sign" means 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. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 698. "Shopping complex" means the same as "commercial center." 7069. "Sign" means 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 (not including letters, trademarks or moving parts); c. Holiday decorations and lights, in season, clearly incidental to and associated with holidays or cultural observances and which are on display on a given parcel for not more than forty-five calendar days in a calendar year; d. Building markers, as defined herein; e. Cornerstones, as defined herein; f. 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 othenA/ise 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 or commercial mascots; h. Marks on tangible goods, which identify the maker, seller, provider or product, as such are customarily used in the normal course ofthe 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 othenA/ise legal; by way of example and not limitation: stained glass windows, carved doors or friezes, church bells and decorative fountains; j. Property entry and security protection notices and signs warning of dangers or health 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 not 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 othenA/ise regulated by this chapter; 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-fiying airborne vessels or craft, such as airplanes, dirigibles, untethered blimps and the like; n. Advertisements or banners mounted on trains or other mass transit vehicles which legally pass through the city; 0. License plates, license plate frames, registration insignia and noncommercial messages on street legal vehicles and properly licensed watercraft and messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages on the vehicle or watercraft relating to the proposed sale, lease or exchange of the vehicle or vessel; p. Messages on golf carts, wheelchairs, personal scooters, human powered taxis, shopping carts or other small wheeled vehicles. Signs on any motorized device which may legally travel upon public roads or highways is not within this definition; q. Vending machines which do not display general advertising; r. Automated teller machines at banks and facilities for walk up and drive up service at banks, credit unions and similar establishments; s. Murals, paintings and similar pictorial displays that are painted directiy onto a building and are not intended to draw attention to any use, product, service or event. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 710. "Sign area" means the display or message area of the sign. The methods of computing sign area are detailed in Section 21.41.070.A. 724. "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. 732. "Sign permit" means an entitlement from the city to place or erect a sign. 743. "Sign program" means a plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement. 754. "Site development plan" means a plan required pursuant to Chapter 21.06 of this code. 76§. "Specific plan" means a plan prepared and adopted pursuant to Section 65451 of the California Government Code. 776. "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 dovelopmont project containing moro than one lot along a stroot shall be conoidorod to havo only ono street frontage on that street. Corner lots have at least two street frontages. 787. "Suspended sign" means a sign hung from the underside of a marquee, pedestrian arcade or covered walkway, usually at approximately ninety degrees to the building wall or storefront. 798. "Tall freestanding sign" means a monument or pole sign that is greater than fourteen feet in height. 8079. "Temporary seasonal sales permit" means a permit to allow outdoor seasonal and holiday sales, including, but not limited to, Christmas trees, pumpkins and fiowers, on private property. 810. "Temporary sign" means a sign, including paper, cardboard wood, plastic, synthetic, fabric or similar materials, which by virtue of its physical nature is not suitable for long term display or permanent mounting. 824. "Traffic directional sign" means a sign which indicates place, location or direction for the information of drivers or pedestrians. 832. "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. 843. "Vehicle sign" means 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. 854. "Vessel sign" means a sign mounted upon a water vessel which may legally move upon the waters. 86§. "Wall sign" means a sign attached to a wall surface that does not project or extend more than ten inches from the wall, which is confined within the limits of an outside wall and which displays only one display surface. 87§. "Window sign" means any sign painted or affixed to the inside or outside of a window surface or othenA/ise located within a building so as to be visible from the exterior of the building. This definition does not include window displays of merchandise offered for sale. 21.41.025 General provisions. A. The provisions stated in this section apply to all signs within the regulatory scope of this chapter, and override more specific provisions to the contrary elsewhere in this chapter. 1. Owner's Consent Required. a. The consent of the property owner is required before any sign may be STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 displayed on any real or personal property within the city; b. In the case of city property, the owner's consent shall be pursuant to a policy adopted by the city council. 2. Message Substitution. a. 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. b. 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. c. Message substitution is a continuing right and may be exercised any number of times, in whole or in part. d. 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 and the sign structure satisfies all applicable laws, rules, regulations and policies. e. 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. f. 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. g. This provision does not: i. Create a right to increase the total amount of signage on a parcel, lot or land ii. Authorize the physical expansion of an existing sign; iii. Affect the requirement that a sign structure or mounting device be properly use; permitted; iv. Allow a change in the physical structure of a sign or its mounting device; or V. Allow the substitution of an off-site commercial message in place of an on- site commercial message or a non-commercial message. h. In addition to the non-commercial message display allowable under this provision, on any legal parcel, any unutilized sign display area which is available as a matter of right (i.e., not including display area available under some discretionary approval process), may be used to display non-commercial messages; a permit for such signage is required only when the physical structure or mounting device is subject to a building permit under the Building Code and/or an electrical permit under the Electric Code. 3. Non-commercial speech. a. In addition to the sign display area available under the message substitution provision, signs displaying non-commercial messages only are allowable at all times and on all parcels, subject to the following regulations: 1. A sign permit is required only if the sign qualifies as a structure requiring a building permit or an electrical permit; ii. On parcels where the principal use is residential, the allowable display area is 8 square feet per residential unit at all times; and iii. On parcels where the principal use is anything other than residential, the allowable display area is 8 square feet per nonresidential establishment at all times; iv. The allowable display space for non-commercial speech is increased by 25% during the time period which begins 30 20 days before a primary, general, or special STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 election and ends within 10 days following the closing ofthe polls. 4. Legal Nature of Sign Rights and Duties. a. 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. b. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or the person mounting the sign. 5. Transfer of Signage Rights. a. Rights and duties relating to permanent signs may not be transferred between different parcels of real property. b. 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. c. This provision does not affect the ownership of signs, and does not prevent a given sign from being moved from one location to another, so long as the sign is properly permitted in the new location. 6. Compliance. a. Responsibility for compliance with this chapter is joint and severable as to all persons erecting, mounting, displaying or modifying any sign, all persons in control and custody of the property on which a sign is displayed, and the persons who are legal owners of record of the property on which a sign is displayed. 7. Discretionary Approvals. a. Whenever any sign permit, variance, CUP, Sign Program or Special Planning Area approval, or other sign-related decision, is made by any exercise of official discretion, such discretion shall be exercised only as to the non-communicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass of the structure, etc. b. Graphic design may be evaluated only for a Sign Program, and then only as applicable to commercial message signs. 8. Mixed Use Zones or Overlay Districts. a. In any zone where both residential and nonresidential uses are allowed, the sign related rights and responsibilities applicable to any particular parcel or land use shall be determined as follows: I. Residential uses shall be treated as if they were located in a zone where a use of that type would be allowed as a matter of right, and ii. Nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary permit. 21.41.030 Prohibited signs. A. 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, as defined herein; 3. Animated signs including, but not limited to signs that move, blink, fiash, change color, reflect, revolve or make noise; 4. Balloons or other inflatable signs or devices, as deflned herein; 5. Beacons, as deflned herein; 6. Billboards, as defined herein; 7. Bus stop bench/shelter signs, as defined herein; I 8. Electronic message board signs or digital display signs, oxcopt at regional I 6- STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 commercial oontors with a Regional Commercial general plan land uso designation that have frontage on a freeway (I 5 or SR 78); 9. Exposed neon lighted signs on any building elevation that faces and is within five hundred feet of any property line that adjoins residentially zoned property; 10. Commercial mascots and hand held or sandwich board signs carried by a person on city property or in the public right-of-way and displaying a commercial message; 11 Marker boards, as defined herein; 12. Mobile billboards or any other type of vehicle that is moving or parked on city streets whose primary purpose is displaying general advertising; 13. Off-site commercial signs excluding real estate for sale signs per Civil Code 713; 14. Portable signs with commercial messages; except for temporary signs as indicated in Sections 21.41.040 and 21.41.100; 15. Roof signs; 16. Signs attached to trees, plants, rocks, fences, utility poles/cabinets or other objects, the primary function of which is not to support a sign; 17. Signs physically blocking or impeding the free passage of persons through doors, firescapes or public rights-of-way; 18. Signs erected on or over city property including public easements and public rights-of-way, except those needed for traffic and public safety regulation and those erected pursuant to adopted city council policy regarding signs on city property; 19. Signs simulating in color or design a traffic sign or signal or using words, symbols or characters in such a manner as to be reasonably likely to interfere with, mislead or confuse pedestrian or vehicular traffic; 20. Signs that do not conform with applicable Uniform Building Code as adopted by Carlsbad and National Electric Code as adopted by Carlsbad; 21. Temporary signs, including but not limited to banners (i.e.; feather banners) and pennants, except as provided for in Sections 21.41.040 and 21.41.100; and 22. Unsafe signs, as defined in this chapter. 21.41.040 Signs on private property not requiring a sign 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. Table A Signs on Private Property not Requiring a Sign Permit Description of Sign Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Traffic Control, Traffic Directional or Waming Signs erected or required by govemment agencies Freestanding/Wall/ Banner / Traffic Control, Traffic Directional or Waming Signs erected or required by govemment agencies Freestanding/Wall/ Banner STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Description of Sign Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Address Sign Wall 1 per building 6 square feet per sign. The minimum number height shall be: Residential - 4 inches and Nonresidential - 12 inches, unless the Fire Marshal requires a greater height. Noncommercial Message Signs on residential and nonresidential property Wall/Freestanding or Window 8 square feet per residential unit. 8 square feet per nonresidential establishment 6 feet above average grade/ or 3.5 feet above average erade if in the front yard 1. May not be illuminated. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Description of Sign Type of Sign Maximum Number of Signs Maximum Sign Area -l4-2.square feet per residential unit. Maximum Sign/Letter Height 6 feet above average grade or 3.5 feet above average grade if in the front yard/ . Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Additional Political and other Noncommercial Message Signs on private property during campaign periods Freestanding Window Signs located in commercial centers and freestanding commercial buildings Window 44)-_2.square per nonresidential establishment feet Total copy area shall not exceed 25% ofthe window area. 1. May be located on any private property, with owner's consent 2. Display time limited to 50.20 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 (10)days following such election. 3. This is in addition to the noncommercial messages allowed under the substitution provision and the noncommercial messages allowed at all times in residential zones. 7 feet above average grade/6 inches. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Description of Sign Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Freestanding sign on Single Dwelling Unit or Condominium Unit - property which is for rent, sale or lease (Displayed on the owner's real property or real property owned by others with their consent (Pursuant to Califomia Civil Code section 713)) Freestanding 1 per dwelling unit 4 square feet per sign. 6 feet above average grade/6 inches 1. Shall be removed from the building or property within fifteen (15) days after the sale, rental or lease. Flags in nonresidential zones Pole Freestanding or mounted on the side of a building Maximum of 3 flags per nonresidential establishment 24 square feet per flag. Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted stmcture existing on the premises/ . No flags with commercial images are allowed in residential zones. Flags in residential zones Pole Freestanding or mounted on the side of a building Maximum of 2 flags per occupied dwelling unit. Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted stmcture existing on the premises/ . Temporary signs attached to parked or stationary vehicles visible from the public right-of-way Window (Inside) 2 per vehicle 10 inches by 12 inches per sign. / No limitation if sign is not visible from 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 /— Does not apply to "general advertising" or "mobile billboards." " ^ — Signs permanently attached to or painted on vehicles, with non- changeable copy, used in the day-to- day operations of a business Does not apply to "general advertising" or "mobile billboards." 21.41.050 Application and permit procedures. A. Sign Permit Required. 1. 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). 132 STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 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. 2. The regulations contained in this section apply to sign permits which are not associated with a sign program. Permit applications for sign programs are regulated by Section 21.41.060. . . ^ 3. 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. 4. 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. 1. The application for a sign permit shall be made in writing on the form provided by the city planner and shall be accompanied by the required fee. Such application shall set forth and contain the following information: a. 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; b. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks,Vehicular access points and existing buildings or structures and off-street parking areas located on the premises; c. The number, size, type and location of all existing signs on the same building, lot or premises; and d. 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 ofthe city council. D. Method of Review. 1. The purpose of a sign permit is to ensure compliance with the provisions of this chapter and the relevant building and electrical codes. 2. After receiving a complete sign application, the city planner shall render a decision to approve, approve with modifications or deny such sign application within fifteen days; however, an approval with modifications shall be limited to requiring compliance with this chapter. 3. The application shall be approved and the permit issued whenever the proposed sign meets the following requirements: a. 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; b. The proposed sign is consistent with any applicable sign program; and c. The sign conforms to the construction standards of the latest adopted building and electrical codes. E. Revocation or Cancellation of Permit. 1. The city planner shall revoke any issued permit upon refusal of the holder thereof to comply with the terms of the permit and/or the provisions of this chapter after written notice of noncompliance and fifteen days opportunity to cure. 2. 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. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 21.41.060 Sign programs and modified sign programs A. Purpose. , 1. The purpose of a sign program is to integrate signs with a projects building, site and landscaping design to form a unified architectural statement. B. Applicability. 1. A sign program shall be required for: a. Master plans, b. Specific plans, c. Nonresidential projects requiring a site development plan processed pursuant to Chapter 21.06 of this code and d. Industrial or office developments of greater than ten acres in area. 2. A sign program may be proposed for all other types of development projects or discretionary permits not listed in Subsection 21.41.060.B.1. 3. For those projects requiring or proposing a sign program, no sign permit shall be issued for an individual sign, unless, and until, a sign program for the project, lot or building on which the sign is proposed to be erected has been approved by the city in conformance with this chapter. C. Sign programs and sign standards modifications. 1. Sign programs may establish standards for sign area, number, location, and/or dimension that vary from the standards of this chapter as follows: a. A sign program that complies with the standards of this chapter shall require the approval of a ministerial sign program application by the city planner provided that all of the findings of fact listed in Section 21.41.060.G. ofthis chapter can be made. b. A sign program proposal that exceeds the standards of this chapter by up to 25% 15% shall require the approval of a modified minor sign program discretionary application by the city planner provided that all of the findings of fact listed in Section 21.41,060.H. of this chapter can be made. c. A sign program proposal that exceeds the standards of this chapter by greater than 25% 15% up to §0% 30% requires the approval of a modified sign program discretionary application by the planning commission provided that all of the findings of fact listed in Section 21.41.060.H. of this chapter can be made. d. When calculating the permitted number of signs allowed bv a sign program, if the calculation results in a fractional sign of .5 or greater, then the fraction may be rounded up to the next whole number. If the calculation results in a fractional sign of less than.5, then the fraction shall be rounded down to the next whole number. e. When calculating the permitted number of signs allowed bv a modified sign program, if the calculation results in a fractional sign, then the fractional sign mav be rounded up to the next whole number. f e. Sign program design standards shall not apply to noncommercial messages. gJ. All sign programs must incorporate the provisions for substitution of noncommercial messages as specified in Section 21.41.025.A.2. Message substitution applies but may not override contrary provisions in leases. K§. In the absence of a master or specific plan, the sign program application may not be used to permit a sign type which is othenA/ise prohibited. D. Application and fees. 1. An application for a sign program, modified minor sign program or modified sign program may be made by the owner of the property affected or the authorized agent of the owner. 2. The application for a sign program, modified minor sign program or modified sign program shall be made in writing on the form provided by the city planner. 3. The application shall be accompanied by the required fee contained in the most STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 recent fee schedule adopted by the city council, 4. The application shall state fully the circumstances and conditions relied upon as grounds for the application. 5. The application shall contain the following information: a. A copy of an approved development plan (master plan, specific plan, planned industrial permit ,site development plan or other approved development project or discretionary permit) 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; . , ^. ^^ b. A drawing to scale showing the design of each sign, including dimensions (height and width), sign size (area), colors, materials, method of attachment, source of illumination and location of each sign on any building, structure or property; c. 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; d. A materials board or sign sample that is an accurate representation of proposed colors, material and style of copy; and e. The number, size, type and location of all existing signs on the same building, lot or premises. E. Notices and hearings. 1. Notice of an application for a modified minor sign program shall be given pursuant to the provisions of Sections 21.54.060.B. and 21.54.061 of this titie. 2. Notice of an application for a modified sign program shall be given pursuant to the provisions of Sections 21.54.060.A. and 21.54.061 ofthis title. F. Decision-making authority. 1. Applications for a modified minor sign program or a modified sign program shall be acted upon in accordance with the following: a. Modified minor sign program. i. An application for a modified minor sign program may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title. . ii. The city planner may approve or conditionally approve the modified minor sign program if all of the findings of fact in Sections 21.41.060.H. of this chapter are found to exist. b. Modified sign program. 1. An application for a modified sign program may be approved, conditionally approved or denied by the planning commission or city council, as specified in Section 21.54.040 ofthis title. ii. The decision on the modified sign program shall be based on the decision- making authority's review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. ill. The decision-making authority shall hear the matter, and may approve or conditionally approve the sign program if all of the findings of fact in Section 21.41.060.H. of this title are found to exist. G. Findings of fact for sign programs that comply with standards of this chapter: 1. A proposed sign program will be approved only upon the following findings: a. All signs comply with the sign area, number, height, location and other sign standards as set forth in this chapter. b. The signs have been integrated with the project's building, site and landscaping design to form a unified architectural statement. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 H. Findings of fact for modified minor sign programs or modified sign programs that vary from the standards of this chapter: 1. A modified minor sign program or modified sign program that varies from the standards of this chapter shall be approved only upon the following findings: a. The standards established by the modified minor sign program or modified sign program do not exceed any applicable rules or limits in the General Plan or Local Coastal Program; b. The modified minor sign program or modified sign program is necessarv to ensures that signs are proportionate to and compatible with the number, size, height, scale and/or orientation of project buildings; c. The modified minor sign program or modified sign program is necessarv to ensure otandards will enhance the visibility of the overall development to pedestrians and motorists; and d. The modified minor sign program or modified sign program is necessarv to will enhance the overall project design, and the aesthetics and/or directional function of all proposed signs. I. Announcement of decision and findings of fact. 1. When a decision on a modified minor sign program or modified sign program is made pursuant to this chapter, the decision-making body shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis title. J. Effective date and appeals. 1. Decisions on modified minor sign programs and modified sign programs shall become effective and may be appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 ofthis title. K. Expiration, extensions and amendments. 1. The expiration period for an approved modified minor sign program or modified sign program shall be as specified in Section 21.58.030 ofthis titie. 2. The expiration period for an approved modified minor sign program or modified sign program may be extended pursuant to Section 21.58.040 ofthis titie. 3. An approved modified minor sign program or modified sign program may be amended pursuant to the provisions of Section 21.54.125 ofthis title. L. Existing Sign Programs. 1. Existing sign programs approved prior to the effective date of this chapter are subject only to the message substitution provision of this chapter; all other terms of the existing sign program shall continue in force. M. Binding Effect. 1. After approval of a sign program, modified minor sign program or modified sign program all signs subsequent thereto shall be erected, constructed, installed, displayed, altered, placed or maintained only in conformance with such program unless and until modified by the procedures outlined herein. 21.41.070 General sign standards. The following sign standards shall apply to all signage within the city. A. Sign Area. 1. Sign area is computed as follows: a. Wall, Retaining Wall, Monument, Suspended, Fascia, Awning, Window and Landscape/Hardscape Feature Signs. i. Sign area shall be computed by measuring the smallest square, rectangle, triangle, circle or combination thereof, that will encompass the extreme limits of the graphic image, writing, representation, emblem or other display. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 li. Sign area does not include any supporting framework or bracing unless such is designed in a way as to function as a communicative element ofthe sign. b. Pole Signs. i. 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. c. Multi-Faced Signs. i. The sign area for a two-sided or multi-faced sign shall be computed by adding together the area of all sign faces visible from any one point. ii. When two sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same structure, the sign area shall be computed by the measurement of one ofthe faces. iii. In the case of a sign of spherical or cylindrical shape, the area of the sign shall be one-half of the surface area. d. Flags, Banners, Pennants, etc. 1. Sign area is the entire surface area, one side only. B. Sign Height 1. Sign height is measured as follows: a. Monument, Pole and Freestanding Signs. i. Sign height is specified as the greatest vertical measurement from the top of the sign or sign cabinet, including all ornamentation and supports, to the average grade beneath the sign. C. Signs on City Property, Including the Public Right-of-Way. 1. Signs may be placed on city property only in accordance with adopted city council policy regarding signs on city property. Signs placed on city 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 city property contrary to the city council's policy may be charged with the cost of removal. D Placement of Commercial Signs. 1. 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. Placement of Noncommercial Messages on Signs. 1. Noncommercial messages 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. 2. A permit is required for a noncommercial message 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. ^ . , 1. For commercial messages on signs, fluorescent, "day-glo" and similar colors shall not be used. B Materials 1. All permanent signs shall be constructed of durable materials, which are compatible in kind and/or appearance to the building supporting or identifled by the sign. 2. Such materials may Include, but are not limited to: a. ceramic tile, b. sandblasted, hand carved or routed wood, c. channel lettering. 6"; STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 d. concrete, stucco or stone monument signs with recessed or raised lettering. C. Sign Location. 1. Wall signs must be located below the roofline on structures with pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall signs are not allowed on any equipment enclosure located above the roofline. 2. Directional signs shall be located to facilitate traffic internal to the site. D. Relationship to Buildings. 1. Each permanent commercial message sign located upon a premises with more than one main building, such as a commercial, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings. E. Relationship to Other Signs. 1. Where there is more than one sign on a lot, building or project site, all permanent signs displaying a commercial message shall have designs which similarty treat or incorporate the following design elements: a. Type of construction materials; b. - Sign/letter color and style of copy; c. Method used for supporting sign (i.e., wall or ground base); d. - Sign cabinet or other conflguration of sign area; e. - Illumination; and f. - Location. F. Relationship to Streets. 1. Signs shall be designed and located so as not to interfere with the unobstructed clear view of the public right-of-way and nearby traffic regulatory signs of any pedestrian, bicyclist or motor vehicle driver. G. Sight Distance. 1. No sign or sign structure shall be placed or constructed so that it impairs the City's sight distance requirements, per City Engineering Standards, at any public or private street intersection or driveway. H. Sign Illumination. 1. Illuminated wall signs are prohibited on any building elevation that faces and is located within three hundred feet of any property line that adjoins residentially zoned property. 2. 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. 3. Externally illuminated signs shall be lighted by screened or hidden light sources. 4. 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/or changeable copy signs. I. Logos and Graphics. 1. Corporate logos and graphics may be used in conjunction with allowed signage. Logos, graphics and trademarks are included in the total sign area. J. Landscaping. 1. Each monument and pole sign shall include landscaping around the base of the sign, at a minimum ratio of two square feet for every one square foot of sign area, so as to protect the sign from vehicles, improve the appearance of the installation and screen light flxtures and other appurtenances. 21.41.090 Coastal zone sign standards. A The following sign restrictions apply to properties in the coastal zone except the Agua Hedionda Lagoon and Cartsbad Village Review segments. If there is a conflict between the coastal zone sign standards of this section and any regulations of this chapter, the standards of STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 this section shall prevail. OthenA/ise, within the coastal zone, the sign regulations of this chapter shall apply. 1. Each business or establishment shall be entitled to one fagade sign. 2. Each shopping complex shall have only one directory sign which shall not exceed fourteen feet in height, including mounding. 3. Monument sign height including mounding shall not exceed eight feet and shall apply where three or fewer commercial establishments exist on a parcel. 4. Tall freestanding and roof signs shall not be allowed. 5. Off-premises signs shall not be allowed. 21.41.095 Permitted permanent signs. A. 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, maximum sign height and letter height, permitted location and other standards. Table B Permanent Signs Permitted by Type of Development and Zone With a Sign Permit Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Single Family Residential Lots See Section 21.41.100, Permitted Temporary Signs / Single Family Residential Lots See Section 21.41.100, Permitted Temporary Signs See Section 21.41.040, Signs on Private Property Not Requiring a Sign Permit / See Section 21.41.040, Signs on Private Property Not Requiring a Sign Permit Residential Subdivisions, Condominiums, Apartment Projects and Mobile Home Parks Monument 1 per project entrance 60 square feet per sign 6 feet above average grade/24 inches Driveway entrance or at other strategic location. (See Note#l below) Directory Signs - Wall Mounted or Freestanding 1 per building entrance 6 square feet per sign 6 feet above average grade/ Signs are to be located and oriented to direct visitors upon entry into the project or building. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Commercial Centers and Freestanding Commercial Buildings (located within the C-l, C-2, C-L or C-T zones) Monument 1 per driveway entrance 60 square feet per sign 6 feet above average grade/24 inches Driveway entrance or at other strategic location. (See Note#l below) Wall, Fascia or Awning No maximum number Total sign area for all wall, fascia or awning signs shall not exceed 1 square foot per each lineal foot of building frontage Varies/Tenant Leased Space: < 2,500 square feet: -- /24 inches 2,500 - 10.000 square feet: —/30 inches 10.001 - 50,000 square feet: —/36 inches; > 50,000 - 100,000 square feet — /48 inches > 100,000 square feet — /60 inches 1. Fascia Sign: Centered on Fascia. 2. Awning Sign: Over doors or windows 1. The length of any sign shall not exceed 75% of the length of the building frontage or lease space to which the sign pertains. (See Note #2 below) (See Note #3 below) (See Note #6 below) Suspended or Projecting 1 per establishment 6 square feet per sign Minimum 8 foot clearance from finished grade to bottom of sign. Suspended - Underside of walkway overhang at 90 degrees to the business establishment. Suspended may not be intemally illuminated. Directional Sign 3 per driveway entrance 6 square feet per sign 6 feet above average grade/ Should be located to facilitate traffic intemal to the site. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Drive-Thm Facilities Reader Board Wall or Monument Restaurants: 2 per existing establishment Other non- restaurant drive-thm facilities: 1 per establishment 24 square feet per sign 6 feet above average grade/ Reader boards are allowed in addition to other signs permitted for Commercial Centers and Freestanding Commercial Buildings. Regional Commercial Center Pole 1 per center 150 square feet per sign 35 feet above average grade Primary project entrance or in a location approved by the city planner. 1. Pole sign is allowed in addition to other signs permitted for Commercial Centers. Meosage Board 4^ commercial G^nturis' WITH"! Regional Commercial general plan land use designation that have freeway (15 or SR-78) may include electron te mesi-iage board sign(s) subject conditional use permit by thc City Council. Tho CUP wil include detailed standards and io subject to required findings by the Gitv Council STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Office, Industrial and Commercial uses in the R-P, O, C-M, P-M, and M zones Monument 1 per lot 60 square feet per sign 6 feet above average grade/24 inches Primary driveway entrance or at other strategic location. (See Note#l below) (See Note # 5 below) Directional Signs 3 per driveway entrance 6 square feet per sign 6 feet above average grade/ Should be located to facilitate traffic intemal to the site. Wall Buildings less than 50,000 square feet in area: (2.signs I2er building sign per building elevation 50 square feet per sign -/24 inches 'itreet frontagei Buildings 50,000 - 100,000 square feet in area : f4 3 signs ger building maximum) (See Note #3 below) (See Note #4 below) (See Note #5 below) (See Note #6 below) 60 square feet per sign -/36 inches (2 signs per building elevationstfee t-frontage) Buildings greater than 100,000 square feet in area: 4 signs per building maximum) ^70 square feet per sign —/48inches (2.5 signs per building elevationstfee t frontage) STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Office or Industrial Establishment with a separate building entrance in a multi-tenant building Wall or Fascia 1 per establishment 8 square feet per sign —/12 inches Directly above entrance Allowed in addition to wall signs permitted for buildings in the R-P, 0, C- M, P-M and M zones. Ground Floor Commercial establishment with a separate building entrance in a multitenant building located in the R-P, 0, C- M, P-M and M zones Wall or Fascia 1 per establishment 20 square feet per sign /18 inches 1. Wall Sign: Not permitted above the plate height elevation of the ground floor 2. Fascia Sign: Centered on fascia, directly above establishment entrance. Commercial 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 establishment 5 square feet per sign Minimum 8 foot clearance from finished grade to bottom of sign/-— Underside of walkway overhang at 90 degrees to the commercial business establishment. May not be intemally illuminated. Office/Industrial Parks Park identification sign 1 per each park entrance that is located along an arterial road 75 square feet per sign 6 feet above average grade/24 inches Near primary park entrances. (See Note#l below) Hotels/Motels Monument 1 per driveway entrance 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic location (See Note#l below) Wall or Fascia or Awning 2 Wall or Fascia or Awning Signs per street frontage Total sign area for all wall, fascia or awning signs (per building) shall not exceed 1 square foot per each lineal foot of building frontage. /24 inches 1. Fascia Sign: Centered on Fascia. 2. Awning Sign: Over doors or windows. (See Note #2 below) (See Note #3 below) (See Note #6 below) STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Directional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/ Should be located to facilitate traffic intemal to the site Professional Care Facility Monument 1 per driveway entrance 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic location (See Note#l below) Wall 1 per street frontage Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage. —/24 inches (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/ Should be located to facilitate traffic intemal to the site Resort Hotels Monument 1 per driveway entrance 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic location (See Note#l below) Wall 1 per street frontage 60 square feet per sign Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage —/36 inches (See Note #2 below) (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/ Should be located to facilitate traffic intemal to the site STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Gas/Service Stations Monument Wall 1 per street frontage 1 per street frontage 60 square feet per sign 30 square feet per sign 6 feet above average grade/24 inches 24 inches Primary project entrance or at other strategic location (See Note#l below) Sign may include motor ftiel prices as required by State law. (See Note #3 below) (See Note #6 below) Canopy 4 per site 10 square feet per sign /18 inches Attached to canopy, not to extend beyond or above the canopy Must be designed as an integral part of the canopy stmcture. Fuel Pump 1 per ftiel pump 2.5 square feet per sign / Must be attached to the ftiel pump Pole (freeway service stations only) 1 per site 50 square feet per sign 35 feet above average grade/36 inches Only permitted at freeway service stations. Stand-alone Theater or Cinema Wall 1 per street frontage Total sign area for all wall signs shall not exceed 1 square foot per each lineal foot of building frontage. —/60 inches (See Note #3 below) (See Note #6 below) See Commercial centers for permitted signage for a theater that is not a stand- alone establishment Suspended or Projecting 1 per site 6 square feet per sign Minimum 8 foot clearance from finished grade to bottom of sign. Suspended- Underside of walkway overhang at 90 degrees to the 1 building Suspended may not be intemally illuminated. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Attraction Board (Pole or Marquee) 1 per site 100 square feet plus 10 square feet per screen or stage over 1, up to a maximum of 160 square feet per sign Maximum pole sign height: 35 feet above average grade/24 inches Marquee: -/24 inches Marquee signs must be building mounted. Attraction Board (Pole or Marquee) 100 square feet plus 10 square feet per screen or stage over 1, up to a maximum of 160 square feet per sign Maximum pole sign height: 35 feet above average grade/24 inches Marquee: -/24 inches Marquee signs must be building mounted. Program Poster 1 per screen or stage 6 square feet Must be building mounted. 1 per screen or stage per sign Must be building mounted. Govemment, Church, or Private School Wall 1 per street frontage 40 square feet per sign Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage —/24 inches (See Note #6 below) Govemment, Church, or Private School 1 per street frontage 40 square feet per sign Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage —/24 inches (See Note #6 below) Monument 1 per street frontage 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic location. (See Note#l below) Directional 3 per driveway entrance 6 square feet per sign 6feet above average grade/ Should be located to facilitate traffic intemal to the site. Public Parks, Playgrounds, Recreational Facilities, Nature/ Interpretive Centers and similar uses Monument 1 per street frontage 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic location. (See Note#l below) Wall 1 per street frontage 30 square feet per sign 24 inches (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/ Should be located to facilitate traffic intemal to the site. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Type of Development and or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Produce/Flower Stand in the E-A, R-A and L-C zones Wall or Freestanding 1 per produce/ flower stand 32 square feet per sign Freestanding: 8feet above average grade/24 inches Freestanding: Primary project entrance Shall be displayed only during the time period the produce/ flowers are available for sale on the property Nursery, Greenhouse, Packing Shed, Stable, Riding Academy and similar uses Freestanding 1 per site 32 square feet per sign 8 feet above average grade/24 inches Primary project entrance or at other strategic location May not be illuminated P-U zone Monument 1 per street frontage (2 signs maximum) 60 square feet 6 feet above average grade/24 inches Primary project entrance or at other strategic location (See Note#l below) Wall 1 per street frontage (2 signs maximum) 40 square feet -—/24 inches (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 6 feet above average grade/ Should be located to facilitate traffic intemal to the site. OS zone, except for uses listed elsewhere in this table See Secfion 21.41.100, Permitted Temporary Signs / OS zone, except for uses listed elsewhere in this table See Secfion 21.41.100, Permitted Temporary Signs Note#l. Monument signs on entry walls (e.g., curved, angled or similar walls integrated into a project entry or perimeter) are permitted. In cases where entry walls are located on both sides of an entry drive, one sign on each wall (each at the maximum square footage) is permitted. Note #2. Building elevations on restaurants, hotels or motels which front along or are within three hundred feet of the right-of-way of and visible from Interstate 5 shall not have more than one wall sign along those elevations. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Note #3. Illuminated wall signs are prohibited on any building elevafion that faces and is within three hundred feet of any property line that adjoins residentially zoned property. Note #4 Building elevations which front along or are within three hundred 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 wall sign along those elevations. Notwithstanding the above, two wall signs along a building elevation that fronts the above- noted corridors may be permitted under the following circumstances: (a) A building elevafion must have a minimum of one hundred fifty lineal feet in order to have more than one wall sign along that elevafion. (b) The minimum spacing between wall signs along an elevafion shall not be less than seventy-five feet. (c) The cumulative length of all wall sign(s) along any building elevation shall not exceed one-third ofthe length of that same elevation. Note #5 Note #6 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. Wall signs must be located below the roof line on stmctures with pitched roofs. However, wall signs can be located on the parapet ofa flat roofed building. Wall signs are not allowed on any, equipment enclosure located above the roof line. 21.41.100 Permitted temporary signs. Table C provides a listing of all temporary signs permitted for each type of development and corresponding zones with a sign permit. In addition to the type of sign permitted. Table C provides the maximum number, maximum sign area per sign, maximum sign height and letter height, permitted location and other provisions. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Table C Temporary Signs Permitted By Type of Development and Zone with a Sign Permit Type of Development and Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Projects which are under Constmction in all zones Wall or Freestanding 1 per project 32 square feet per sign Freestanding: 8 feet above average grade/-- Must be located on the project site. May not project into the public right-of-way. 1. May not be lluminated. 2. Shall be removed prior to the granting of the last Certificate of Occupancy by the city. Real Property or project which is for rent, sale or lease - in all zones (owner's real property or owned by others with owner's consent, per Califomia Civil Code 713) Freestanding 1 per property 32 square feet per sign 8 feet above average grade Must be located on the property. May not project into the public right-of-way. 1. May not be illuminated. 2. Residential Projects: shall be removed from the property within 15 days from the date that all the properties are sold or no longer for sale, whichever occurs first. 3. Commercial and Office/ Industrial Properties: shall be removed from the building or property within 15 days after the sale, rental or lease. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 Type of Development and Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below All Commercial, Office and Industrial zones Interim Temporary Sign 1 per establishment 30 square feet per sign Attached to monument or wall at the establishment locafion. 1. Permitted only for establishmen ts waiting for permanent sign constmction 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 issued. All Commercial, Office, and Industrial zones Banner or Freestanding Signs with a Temporary Seasonal Sales Locafion Permit 1 per street frontage 30 square feet per banner or freestanding sign Must be located on the site of the seasonal sales event. Limited to the period of fime specified in the Temporary Seasonal Sales Locafion Permit. Any Public or Private Property with a Special Events Permit (See C.M.C. Chapter 8.17) Community Event at Public Parks/ Recreational Facilifies Pursuant to adopted city council policy regarding signs on city property 21.41.110 Construction and maintenance. A. Construction. STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 1. Every sign, and all parts, portions and matenals 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. B. Maintenance. 1. Every sign and all parts, portions and materials shall be maintained and kept in good repair. 2. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair. 21.41.120 Removal of signs. A. Any sign which is unsafe, as deflned 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 city property contrary to the city council's policy, may be removed by any officer or employee of the city designated to do so without prior notice. Alternatively, the city may issue a notice of nonconformance and give the sign owner and/or the property owner fifteen 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 city. 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 specifled by the notice. C. The time for removal or repair shall not be less than thirty calendar days from the date of mailing the notice for permanent signs and not less than fifteen calendar days for temporary signs. D. Within ten days of the mailing of the notice, the permittee, owner or person in charge of the sign may request a hearing before the city planner 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 days after mailing of notice. E. Upon receipt of a written request for a hearing, the city planner 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 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 city planner will notify the appellant of the decision to affirm, modify or revoke the order to remove or repair within ten 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 city planner 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 city planner shall, within ten days of the conclusion of the hearing, notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid. 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 city planner granting or denying an STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 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 city planner no later than ten 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 city planner shall expeditiously schedule a hearing before the planning commission and notify the appellant, in writing, of the day, fime and location of the hearing which shall be held not later than thirty days after the notice of appeal is received by the city! unless time is waived by the appellant. The time for compliance of any onginal 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 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 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 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 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 days of the conclusion of the hearing. Any person dissatisfied with the city council's decision may seek prompt judicial review pursuant to California law. 21.41.130 Nonconforming signs. A 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 or relocated, unless it is brought into conformance with all current provisions of this chapter. B. 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 and or the requirements of any applicable sign program. 21.41.140 Remedies and penalties. Any sign, which has been property 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 heanng or if no demand is made for the return of the sign removed, the city, is authorized to destroy or dispose of the removed sign not eartier than thirty days after the removal of such sign. 21.41.150 Violations. A. It is unlawful for any person to: 1. 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; 2. Install, mount, affix, create, erect, display or maintain any sign requiring a permit without such a permit; or I 3. Fail to remove any sign which the community development directorcjty or designee has ordered to be removed for being in violation of this chapter. B 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 any civil remedies provided by law, including injunctive relief, as to signs not in conformance with this chapter: 1. Each day of a continued violation shall be considered a separate violation when STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 applying the penalty portions of this chapter. ^ u * 2. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions ofthis 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 days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carisbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the day of , 2013, and thereafter. /// /// /// /// /// /// /// /// /// /// /// STRIKE-OUT/UNDERLINE VERSION SHOWING ADDITIONS AND MODIFICATIONS AS RECOMMENDED BY THE PLANNING COMMISSION NOVEMBER 21, 2012 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the day of , 2013, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Cleri< 54 EXHIBIT 10 Planning Commission Minutes November 21, 2012 Page 3 MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6929 adopting a Negative Declaration and adopt Planning Commission Resolution No. 6930 approving Conditional Use Permit (CUP 12-07) based on the findings and subject to the conditions contained therein including the errata sheet. VOTE: 6-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard and Commissioner Siekmann NOES: None ABSENT: Commissioner Scully ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next agenda item. 2. ZCA 11-03/LCPA 11-04- SIGN ORDINANCE AMENDMENT - A request for a recommendation to adopt a Negative Declaration, and recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to repeal and reenact the City's Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) to: (1) incorporate revisions deemed necessary by the City's legal counsel to address first amendment issues associated with the permitted regulation of non-commercial signage, (2) provide more fiexible sign development standards, (3) allow electronic message board signs or digital displays at regional commercial centers (Plaza Camino Real and Car Country Carisbad) with a Regional Commercial General Plan land use designation that have frontage on a freeway (1-5 or SR-78) and (4) clarify the ordinance to make it more user friendly. Mr. Neu introduced Agenda Item 2 and stated Principal Planner Chris DeCerbo would make the staff presentation. Chairperson Schumacher opened the public hearing on Agenda Item 2. Mr DeCerbo gave a detailed presentation and stated he would be available to answer any questions. He introduced Randall R. Morrison, Counsel for the City, and stated he would be available to answer any legal quesfions the Commission may have. Chairperson Schumacher acknowledged receipt of two errata sheets for Agenda Item 2. Chairperson Schumacher asked if there were any questions of Staff. Commissioner Nygaard asked about feather signs. Mr. DeCerbo stated they would be prohibited. Commissioner Black inquired about enforcement of prohibited signs. Ms. Mobaldi stated that code enforcement is typically complaint driven so that if a complaint is received regarding a sign or signs, the code enforcement division will review the issue and take the necessary action. Chairperson Schumacher asked about signs in the coastal zone, specifically the area north of Cannon Road along Interstate 5. Mr. DeCerbo reviewed for the Commission the additional requirements for signs in the coastal zone. Chairperson Schumacher asked about Table B in Attachment 5, page 26, and asked for clarification regarding the proposed changes included in the tables, specifically the percentages of increases. Mr. DeCerbo responded in the affirmative to all of Chairperson Schumacher's percentage increase in sign numbers and sign area statements. \55 Planning Commission Minutes November 21, 2012 Page 4 Commissioner Nygaard asked about a digital sign for the Premium Outlets signage. Mr. Neu responded that the property has a Regional Commercial General Plan designation but it does not have direct freeway frontage therefor a digital sign would not be permitted. Chairperson Schumacher asked if there were any questions of Staff. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Schumacher opened and closed public testimony. Constitutional Case Law Discussion Commissioner Nygaard stated she does not have any issues with this aspect of the ordinance. Commissioner Arnold also supports this portion ofthe ordinance. Commissioner L'Heureux thanked staff for their effort on this project and stated he can support the proposed changes. Commissioner Black stated he can support the proposed changes regarding constitutional law. Commissioner Siekmann also supports the changes. Chairperson Schumacher stated he can support the changes Request for Standards Flexibilitv and Sign Programs Discussion Commissioner Arnold stated that he feels that the City is doing too much with the proposed changes. In some cases, it will amount to signs doubling in size and in number. Commissioner L'Heureux stated the issue with signs is often the location of the signs on the buildings. He stated he agrees with Commissioner Arnold in that it could lead the city into uncharted territory with too many signs. He stated he supports more effective signage, not necessarily bigger and more signs. Commissioner L'Heureux further stated he would be more comfortable with phasing in the proposed changes. Commissioner Black agrees with Commissioner L'Heureux regarding the proposed changes. He can agree with most of the changes. Commissioner Siekmann stated she is happy and comfortable with most of the proposed changes. She commented that she did not want to see proposals for variances before the Commission, and she would like to see businesses get their signs. Commissioner Siekmann stated the sign program is an excellent idea. Commissioner Nygaard stated that one of the reasons Carisbad is different than the surrounding cities is because the City has always been careful with signage regulations. She feels though the City should move fonward with the proposed changes in a phased manner. She stated her support for larger buildings being allowed larger signs, however she does not want to change how the community feels visually. Chairperson Schumacher stated that he tends to agree with Commissioner Nygaard's comments. He stated the last thing the City should do is create a city with clutter as that would reduce values in the community. He feels many of the changes are appropriate but there are just as many that are inappropriate. Chairperson Schumacher stated that he feels approving this as is would be an indelible black eye on the city. Chairperson Schumacher stated he would like to return this part of project to Staff. Commissioner L'Heureux stated there is a need for the City to focus on the larger buildings. 61/ Planning Commission Minutes November 21, 2012 Page 5 Chairperson Schumacher made a motion, seconded by Commissioner Nygaard, to send back to staff the proposed changes for sign flexibility including sign programs, to reduce the amount of increases and to focus those increases on buildings that are 100,000 square feet or larger or are required to be setback further from the street, not to include smaller buildings, or only in special circumstances, and to focus in on larger buildings with smaller increases, to maintain the concept of changes through a sign program and for staff to review the percentages of increases to be handled ministerially in regard to the increase in signage proposed in the revisions requested by the Commission. The Commission voted 5-1 (Commissioner Siekmann) regarding the motion. Digital Signs Discussion Commissioner Nygaard stated she is really concerned with the changes that will happen with the addition of digital signs. She feels the citizens would be very unhappy. Commissioner Nygaard stated she could support larger static signs in place ofthe proposed two locations for digital signs. Commissioner Arnold feels the digital signs are an aesthetic nightmare that are ugly and distractions to drivers. He stated he is very much against digital signs. Commissioner L'Heureux stated that in addition to the previous comments, he would like to know the rules and analysis from CalTrans regarding digital signs. He would like more information. Commissioner UHeureux stated he cannot approve the negative declaration as it does not address the impacts of digital signs and the traffic issues those signs can cause. Commissioner Black commented that he cannot support digital signs in the City. It would be the most effective way to deal with the issue. Commissioner Siekmann agreed and would not like to allow digital signs in the City. Chairperson Schumacher stated he is opposed to digital signs. By a show of hands, the Commission voted 6-0 to oppose digital signs. Ordinance Reformatting Discussion The Commission stated they were comfortable with the proposed changes in regards to the ordinance reformatting. Wavfinding Signs Discussion Commissioner Nygaard stated she is agreeable with the proposed changes; however she is concerned about club and organization names on signs. Commissioner Arnold stated he likes the concept but the City needs to be diligent with buildings of significant public appeal. Commissioner L'Heureux asked about the process for wayfinding signs. Mr. Morrison stated that the City would own the signs so that there are consistent graphical designs and the City would maintain those signs. Mr. DeCerbo described the differences between the kiosk sign program and the wayfinding signs. Commissioner Black stated he likes the concept and feels it is a great idea. Commissioner Siekmann feels the wayfinding signs are a good idea but she would like to have uniformity in the design with the various signs. Chairperson Schumacher stated he agrees with his fellow Commissioners. Vol Planning Commission Minutes November 21,2012 Page 6 Commissioner Nygaard stated she is opposed to the increase in time allowance with regards to campaign signs She would like the policy to remain at 20 days for signs in the public rights-of-way. The Commission stated their agreement with keeping the time allowance regarding campaign signs to 20 days. Mr Neu suggested that the Commission continue the item so that Staff can review and make the proposed changes as requested by the Commission. Mr. DeCerbo stated that the changes can be made in time for the December 5.2012. MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission continue the item to December 5, 2012. VOTE: 6-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard, and Commissioner Siekmann NOES: None ABSENT: Commissioner Scully ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 2 and thanked Staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of November 21, 2012, was adjourned at 8:38 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk CORRECTED Planning Commission Minutes April 17, 2013 Page 3 Commissioner L'Heureux asked about the street scene exhibit and asked for clarificafion. Ms. Raszewski stated the landscape plans were approved by the City and those street trees were called for by the city's Landscaping Consultant. DISCUSSION Commissioner Schumacher stated he is abundantly safisfied with the exhibits as shown by the applicant. He is safisfied with the height of the buildings, and he stated he prefers to defer the landscaping to the Aviara Master Association. Commissioner Schumacher stated he was in favor of the project. Commissioner Segall stated he agrees with the comments made by Commissioner Schumacher. He suggested that the community contact the Aviara Master Plan Associafion to address the landscaping issues. He stated he can support the project. Commissioner L'Heureux also stated his support of the project. He thanked everyone for their fime and effort for making the project work. Commissioner Scully stated she agrees with her fellow Commissioners. She stated she can support the project. Commissioner Montgomery stated he supports the project. Chairperson Siekmann thanked the applicant, staff and the community for their fime and effort on this project. She stated she can support the project. MOTION ACTION- Mofion by Commissioner Montgomery and duly seconded, that the Planning Commission adopt Planning Commission Resolufions No. 6953 and 6954 approving Site Development Plan SDP 13-01 and Coastal Development Permit CDP 13-03 based upon the findings and subject to the condifions contained therein including the errata sheet and attached exhibits. VOTE: 6-0 AYES: Chairperson Siekmann, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: Commissioner Black ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. 3 ZCA 11-03/LCPA 11-04- SIGN ORDINANCE AMENDMENT - A request for a recommendation to adopt a Negafive Declaration, and recommendafion of approval of a Zone Code Amendment and Local Coastal Program Amendment to repeal and reehact the City's Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) to: (1) incorporate revisions to address first amendment issues associated with the permitted regulafion of non-commercial signage. (2) provide more flexible sign development standards, (3) allow eloctronic meccago board signs or digital displayc at regional oommorcial centers (Plaza Camino Real and Car Country Carlsbad) with a Regional Commorcial General Plan land uso designafion that havo frontage on a frooway (I 5 or SR 78) and (4)(3) clarify the ordinance to make it more user friendly. Mr Neu introduced Agenda Item 3 and stated Principal Planner Chris DeCerbo would make the staff presentafion assisted by the City's outside legal representative Randall Morrison. Chairperson Siekmann opened the public hearing on Agenda Item 3. Planning Commission Minutes April 17, 2013 Page 4 Mr. DeCerbo gave a detailed presentafion and stated he would be available to answer any quesfions. Chairperson Siekmann acknowledged that the Commission received letters from Hofman Planning, the Department of Transportafion, and the Carisbad Chamber of Commerce as well as an errata sheet for the project. The Commission held a lengthy discussion regarding the proposed changes to the sign ordinance. RECESS Chairperson Siekmann called for a 5-minute recess at 8:05 p.m. MEETING CALLED TO ORDER Chairperson Siekmann called the meefing to order at 8:15 p.m. with all Commissioners present. Chairperson Siekmann asked if there were any members of the audience who wished to speak on the item. Chairperson Siekmann opened the public tesfimony. Chris Baker, represenfing Car Country Carisbad, asked the Planning Commission to reconsider digital signs for the Car Country area only. JP Paynter, general manager from Hoehn Motors in Car Country Carisbad, and chairman of the Car Country Task Force, which was formed to help communicafion between the City and Car Country Carisbad, asked the Commission to allow for a digital freeway sign for Car Country. Commissioner Segall asked if he met with council individually or as a group. Mr. Paynter stated as a group. Gene Managaniello, general manager of Lexus Carisbad, also requested a digital sign to be placed on the private property. He stated they are ready to fund the payment of the sign. Rick Blakemore, represenfing Jaguar Land Rover Carisbad, asked the Commission to consider a digital sign for the Car Country auto mall. Chairperson Siekmann asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony. Ms Mobaldi asked Mr. Morrison to clarify issues regarding illuminafion of digital signs and messages on digital signs on private property. Mr. Morrison stated brightness of digital signs is one thing that can be controlled The one legal issue that has come up recently is when a sign is approved for onsite commercial messages. Some car dealers with very large lots with big digital signs realize there is money to be made and turn the sign into a profit center of its own. It then becomes a hybrid of both onsite and offsite with one image displayed for 8-10 seconds promofing a car dealership and the next image is for a site 20 miles down the road. This causes confusion when a city has a policy for no billboards. The essence of a billboard is that the sign is for rent to a variety of advertisers. Another issue that comes up is how many images are in a sequence. The most common sequence is eight images each displayed for eight seconds. The more frequently a sign changes, the more likely it is to distract drivers. Mr. Morrison stated it is legal for a city to have a policy against digital signs; however he warned against allowing digital signs in only certain areas of a city. He stated that the city would have to make sure a policy is written so that it includes at least two locafions for digital signs. Commissioner Schumacher asked if the signage requirements will be updated in the El Camino Real Corridor standards. Mr. DeCerbo stated that is a policy quesfion. Mr. Neu stated that those policies will be reviewed as part of the zoning code update. ho Planning Commission Minutes April 17,2013 Page 5 The Commission held discussions regarding the following topics: Setbacks Commissioner Segall stated his issue with this topic is that there should be more flexibility. He stated that the size of sign should be determined by the size of the building along with how far setback the building is from the street He clarified that it would be for the height of the sign. Mr. Neu stated the sign ordinance varies the size of the sign and size of letters based on the size of the building. The modified sign program provision addresses the issues menfioned by Commissioner Segall. Commissioner Segall stated with that informafion, he feels his concerns regarding the topic have been addressed. Temporary Real Estate Signs Commissioner L'Heureux stated that his main concem is that the City does not have enough Code Enforcement personnel. Commissioner Schumacher stated that one of the ways to mifigate the visual blight of the signs is for the Commission to reduce the size of the temporary real estate signs. Commissioner Segall commented that the size of the signs could be reduced. As far as enforcement is concemed, the permits should be allowed for 6 months and the applicant would then have to reapply for the permit. Commissioner Montgomery commented that the real solufion is to make the signs smaller. The Commission unanimously voted to keep what is proposed in the ordinance for residenfial real estate signs and voted to change commercial real estate signs based on staffs recommendafion. MOTION TO CONTINUE MEETING The Commission voted 6-0 to confinue the meefing past 10:00 p.m. Wavfinding Sions/Speclal Event Signs Commissioner L'Heureux suggested that there be cross-references to other secfions of the code that refer to signs. Mr Neu stated that the issue with referencing Council Policy 65 in the sign ordinance is that the Coastal Commission will want to review the policy and have the ability to modify it. There is a separate special events ordinance that the Council worked on with Staff and it has its own process that is reviewed by Parks & Recreafion, Police and other divisions. Commissioner Segall asked that the issue regarding Wayfinding Signs be brought up to Council and implemented within 30 days. He commented that the Special Event signs should be more professional in appearance as they are placed at the entrances into the city. The Commission voted 6-0 to strongly recommend to the City Council that the issue regarding Wayfinding Signs be addressed as soon as possible and that the quality of the Special Event signs be updated with standards and for the signs to be branded. Clarifying the Right-of-Wav Map attached to Council Policv 65 The Commission voted 6-0 that the map attached to Council Policy 65 be printed in color when the project is forwarded to City Council and that Staff verifies that the locations shown on the map are the only areas where signs are permitted in the right-of-way. Flag Sizes Commissioner Segall commented that flags should not be restricted to 24 square feet. Planning Commission Minutes April 17,2013 Page 6 The Commission voted 6-0 to recommend that in a residential zone a maximum of 2 fiags be allowed with each fiag no larger than 24 square feet on a maximum of a 35 foot pole. Note 2 on Attachment 8. Page 29 Commissioner Siekmann suggested that Note 2 be expanded to include Highway 78, El Camino Real, and Palomar Airport Road as it is stated in Note 4. The Commission voted 6-0 to approve this modificafion. Digital Signs Commissioner Segall feels that there are ways and standards that digital signs can be done that make digital signs professional and not distracfing. Commissioner Schumacher stated that he agrees with not allowing digital signs and his posifion has not changed since the previous meefing regarding the sign ordinance. He commented that there is a need for new a sign at Car Country. He suggested that there are other solufions available for signs which are not digital and the result is classy and non-distracfing. Ms Mobaldi focused the Commission on the proposed changes to the sign ordinance rather than considerafion of Car Country Carisbad signage specifically, since that is not the current project.. MOTION The Commission voted 6-0 to confinue the meefing unfil 10:45 p.m. Commissioner Scully stated she is not in favor of digital signs. Commissioner Montgomery stated that he is in favor of digital signs and is embracing the technology. Chairperson Siekmann commented that she is against digital signs and feels it would be a huge mistake to those types of signs in the city. She commented that most people shop for a car on the internet and everybody knows that Car Carisbad exists. If the dealers do not have the best prices, people will not shop there. Chairperson Siekmann further commented on how distracfing digital signs are for drivers. The Commission voted 4-2 (Montgomery and Segall) to prohibit digital signs. MOTION ACTION: Mofion by Commissioner L'Heureux and duly seconded, that the Planning Commission adopt Planning Commission Resolufion No. 6926 recommending adoption of a Negative Declaration and adopt Planning Commission Resolufions No. 6927 and 6928 recommending approval of ZCA 11-03 and LCPA 11-04 based on the findings contained therein including the modificafions as follows: residenfial real estate signs to be remain graduated as they are in the current ordinance, commercial real estate signs being smaller than 32 squarfe feet with the final recommendafion to Council being determined by Staff, to have a maximum of 24 square feet for each of two flags which can be placed in residenfial zone with a 35 foot pole, and to expand Note 2 of Attachment 8 to mirror Note 4 which includes Palomar Airport Road, El Camino Real and Highway 78 and including the errata sheet. VOTE: 5-1 AYES: Chairperson Siekmann, Commissioner L'Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: Commissioner Montgomery ABSENT: Commissioner Black ABSTAIN: None Planning Commission Minutes April 17, 2013 Page 7 Chairperson Siekmann closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. 4 GPA 11-05/ZCA 09-03/LCPA 09-02 - CUP CODE AMENDMENTS - A request for a recommendation of approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for condifional use permits in the nonresidenfial zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend the text of the General Plan and Zoning Ordinance to provide greater fiexibility for a variety of condifional uses in the nonresidenfial zones, and to amend the Commercial Visitor- Serving Overiay Zone to address minor miscellaneous amendments relafing to decision- making authority for condifional uses. Mr. Neu stated that because ofthe time, this item could be confinued to a date certain of May 1, 2013. MOTION ACTION: Mofion by Commissioner Montgomery and duly seconded, that the Planning Commission confinue Agenda Item 4 to a date certain of May 1. 2013. VOTE: 6-0 AYES: Chairperson Siekmann, Commissioner L'Heureux, Commissioner Montgomery. Commissioner Schumacher. Commissioner Scully and Commissioner Segall NOES: None ABSENT: Commissioner Black ABSTAIN: None Chairperson Siekmann thanked Staff for their presentafions. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meefing of the Planning Commission of April 17, 2013, was adjourned at 10:45 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk EXHIBIT 11 Chapter 21.41 SIGN ORDINANCE Sections: 21.41.005 Purpose. 21.41.010 Applicability. 21.41.020 Defmitions. 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 and modified 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. 21.41.005 Purpose. A, The purposes of the sign ordinance codified in this chapter include to: AL Implement the city's community design and safety standards as set forth in the general plan; Bl Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs; G3, Respect and protect the right of free speech by sign displav. while reasonably regulating the structural, locational and other noncommunicative aspects of signs, generally for the public health, safetv. welfare and specifically to serve the public interests in traffic and pedestrian safetv and community aesthetics: ©4, Eliminate the traffic safety hazards to pedestrians and motorists posed by off-site signs bearing commercial messages; B5, 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; FT6. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages; G7, 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; 148, Protect and improve pedestrian and vehicular traffic safety by balancing thc need EXHIBIT 11 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; Rcspoct and protect the right of free spoech by sign display, while reasonably regulating the rjtructural, locational and other noncomnmnicati\-o aspoctG of aigns, generally for tho public health, safety, welfare and spocifically to serve thc public intoroots in traffic and pedestrian aafet)^ and community aesthetics; 19, Minimize the possible adverse effects of signs on nearby p«blie-city_and private JIQ. Serve the city's interests in maintaining and enhancing its visual appeal tor tourists and other visitors, by preventing the degradation of visual quality which can result from excess signage; Kll. Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the city; 1,12. 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 M13. Enable the fair, consistent and efficient enforcement of the sign regulations ofthe city. (Ord. NS 606 § 1 (part), 2001) 21.41.010 Applicability. A^ The provisions ofthis chapter shall apply generally to all zones established by this titie. R Properties and uses in the village review (VR) zone are regulated first by the sign standards of the Carlsbad village master plan and design manual, and then, to the extent not covered by said master plan and design manual, by the provisions ofthis chapter. C Signs on pubMe-city property, both within the village review zone and other zones, are controlled by other provisions ofthe Carlsbad Municipal Code Citv Council Policy., not by this a In those areas of the city where master plan or specific plan sign standards or sign programs wefe-are adopted by ordinance as special zoning regulations, those sign standards or sign programs shall apply; however, the "message substitution" provisions of this chapter, section 21.41.025(2), shall apply to such programs and plans. All other sign programs that were approved prior to the effective date ofthis chapter, but not by ordinance, are subject only to the "message substitution" provisions of this chapter (section 21.41.025(2))^^ except that if any such sign program is proposed for amendment to incroaso overall sign area allowed, then tho sign program must bo amended to conform with all dovolopmont and design standards ofthis chapter. K F\ 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, imless otherwise stated. EXHIBIT 11 (Ord. NS 606 § 1 (part), 2001) (Ord. No.CS 038, § I, 7 7 2009) 21.41.020 Definitions. A, Whenever the following terms are used in this chapter, they shall have the meaning established bv this section: (4-)-L " A^^"^^"'-^ ^ig"" Tneans any sign that meets any ofthe following critena: fa^a. Sign is located on property that becomes vacant or unoccupied for a period of at least 90 days, . ^ ^b. Sign which pertains to any occupant or business unrelated to the premises present occupant or business, or fe)-c. Sign which pertains to a time, event or purpose which no longer applies. (2) -2, "Abate" means to put an end to and physically remove. Discontinuance of a sign without removal ofthe entire sign structure shall not constitute abatement. 1 ^'Advertising ibr hire". See 'Xieneral advertising.'^ (3) 4. "Address sign" means the identification of the location of a building or use on a street by a number(s). (4) -5, "A-fi-ame sign" means a freestanding sign, not higher than fi\^e foot and not wider than throe 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.T" functionally similar signs are also within this definition. (^6. "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 includes digital signs m:^eychides flags and does not apply to electronic message boards or digital displays. (6f7 "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)-8. "Average grade" means the average level of the finished surface of the ground directly beneath a monument or pole sign. (5) -9, "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) -HX "Balloon" means a small inflatable device used for purposes of commercial signage, advertising or attention getting. See also "inflatable signs." (10) 11. "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. (IT) 12. "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) 13. "Bench sign" means a sign painted on or affixed to any portion of a bench or seating area at bus stops or other such pedestrian areas. (13) 14. "Billboard" means an off site pomianent structure sign which displays a EXHIBIT 11 rnmmorcM monnage. a permanent structure sign in a fixed location which meets any one or more of the following criteria: a. Sign is used for the display of otY-site commercial advertising; b. Sign is used for general advertising, also known as advertising for hire; c. Display space on the sign is customarily used to display messages sponsored by persons or entities other than the owner of the sign and/or the owner of the land on which thc sign is located; or d. The sign is not accessory or appurtenant to a principal use ofthe land. 15, '-Building elevatioii' means the front, rear or side of the extemal face of a building. (H) 16. "Building frontage" means the total width of the elevation of a building which fironts 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) 17. "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) 18. "Bus stop signs" means 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. (L7)-i9, "Canopy sign." See "awning sign." (18) 20. "Changeable copy sign" means a sign or portion thereof with characters, letters or illustrations that can be physically or mechanically changed or rearranged without altering the face or the surface ofthe sign. This does not include a digital display. (19) 21. "Channel lettered signs" means a_sign fr-with individually cut, three dimensional letters or figures affixed to a building or sign structure. 22. ''City property'' means all land located within the corporate limits of the city to which the Citv holds the present right of possession and control, or is part ofthe public right-of- way located within the citv. The definition also includes facilities and properties owned or operated bv the city. (20) 23. "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. 24. ^^Commercial mascof' means a live person or animal attired or decorated with commercial insignia, images or symbols, and/or holding signs displaying commercial messages. Includes sign twirlers and sign clowns, but does not include hand-held signs displaying noncommercial messages. (21) 25. "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 or economic interests. (22) 26. "Construction sign" means a temporary sign displayed on real property on which construction of new improvements is occurring during the time period which begins with the issuance of the first necessary pemiit for the construction and ends with the latest of any of the following, or their functional equivalents: notice of completion or certificate of occupancy.. 1U1 EXHIBIT 11 (23) 27. "Comerstone" means stone or other wall portion laid at or near the foundation of a building and which indicates in permanent markings the year of construction. Also called "foundation stone''. (24V28. "Digital display" means a physical method of image presentation using LCD (liquid crystal display). LED (light emitting diode), plasma displays, projected images, or other timctionally equivalent display technologies. Signs using such display methods are called by various names, including, CEVMS (^commercial electronic variable message signs or changeable electronic variable message signs), electronic message boards, electronic reader boards, dynamic signs, digital signs, electronic signs, message centers and similar terms. 29,"Directional sign" means an on-site sign designed to guide or direct pedestrian or vehicular traffic to uses on the same site. (25) 30, "Directory sign" means a sign listing the persons, activities or tenants located on-site. (26) 31. "Eaveline" means the bottom of the roof eave or parapet. "Eloctronic message board sign" means a sign with a fi)cod or changing display composed of a series of lights, light omitting diodes (LED) or liquid crystal displa)^ (LCD) or functionally similar devices. (28) 32. "Establishment" means any organization or activity which uses land for purposes other than residential use. It fincludes 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 uso where peoplo regularly sloop or prepare their own meals (not including hotels, motels or othor places offbring tomporary or short torm accommodations to the public -ivhich nr^^ v, ithin t^^^ manning of nr.tnhlir.hment) private residential uses; however hotels, motels, inns, bed and breakfast places, etc. are within this definition. Automated facilities, which have live persons in attendance only during limited or maintenance hours (i.e., power transformer stations, broadcasting towers, water tanks, weather data collection stations, vending machines, etc.) are not within this definition. (29) 33. "Extemally illuminated" means illuminated by a light source that is located extemally to the sign surface. This method of lighting may include, but is not limited to, spotiighting or backlighting. 34, "Fapade sign" means a sign fastened to the exterior walls of a building exposed to pubhc view. See also "wall sign." (30) 35. "Fascia sign" means a sign fastened to or engraved in the band or board at the edge of a roof overhang. (31) 36. "Flag" means a device, generally made of flexible materials such as cloth, fabric, paper or plastic, usually used as a symbol of a govemment, political subdivision, public agency, company logo, belief system or concept. (32) 37. "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. I (33) 38. "Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and pole signs. (3/)) 39. "Freeway service station" means a gas/service station located on a property that is contiguous to a freeway interchange. (35)(36) 10. "General advertising" means the business or practice of offering sign display space, usually for a fee or other consideration, to one or more commercial advertisers. EXHIBIT 11 "Advertising for hire" has the same meaning. (37) Al. "Hand held" means those signs or visual communication devices which are held by or otherwise mounted on human beings or animals. (38) 42. "Inflatable signs" or "inflatable attention-getting devices" means any device filled with air or gas, that is 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. Commercial advertising blimps, when tethered, are within this definition. (39) 43. "Intemally 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) 44. "Logo" means a trademark or symbol of an organization, belief system or concept. (41) 45. "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. Also includes devices sold under commercial names such as Promethean Boards. Activeboards. and functionally similar devices. (42) A6. "Marquee" means a permanent canopy structure attached to and supported by a building and projecting near or over private sidewalks or public rights-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) 47. "Master plan" means a plan prepared and adopted pursuant to Chapter 21.38 of this code. (44) 48. "Mobile billboard" means a vehicle for which the primary use is te-the display_gf a-general advertising message(s). (45) 49. "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 ofthe design. monument sign does not include poles or pylons. Contrast; pole sign. (46) 50. "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 firom different angles. (47) 51. "Multi-tenant building" means a nonresidential building in which there exists two or more separate nonresidential tenant spaces, er-businesses or establishments. (48) 52. "Neon sign" means a sign that utilizes neon or other fluorescing, inert or rarified gases within translucent tubing in or on any part of the sign structure. (49) 53. "Noncommercial message signage" means any image on a sign which is ititonded to conveys or expresses commentarv on topics of public concern and debate, including a noncommercial message including, by way of example and not limitation, commentary on social, political, educational, religious, scientific, artistic, philosophical ei^and charitable commentary subjects. This definition also includes signs regarding fimd raising or membership drive activities for noncommercial or nonprofit concems. (50) 54. "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 or other later enactments. (51) 55. "On-site sign" means a sign displaying a commercial message which relates or pertains to the business conducted, services available or rendered or goods available EXHIBIT 11 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. The on-site/off-site distinction applies only to commercial messages. f52)-56. "Offsite sign" means any sign that gives directions to or identifies a commercial use, product or activity not located or available on the same premises as the sign. The on-site/off-site distinction applies only to commercial messages. There is no location criterion for noncommercial messages. (53) 57. "Pennant" means an individual or a series of 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) 58. "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. The message display of a sign mav be changed without affecting its character as a permanent sign. (55) 59. "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. f^60. "Pole sign" means a freestanding sign, that is greater than six feet in height and is supported by one or more vertical supports. The definition applies even if the support poles or pylons are covered with cladding or skirting. (57) 61, "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) 62. "Premises" means 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 ofthe parcel actually occupied or exclusively used by the business or other establishment, except that signs relating to the owner or manager ofthe entire parcel may be considered on-site when placed anywhere on the parcel. (S^63. "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) 64. "Projecting sign" means a sign which projects more than ten inches from a wall or other vertical surface, generally at about ninety degrees. (61) 65. "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 presentiy holding a legal right to possession of the subject property. (62) "Public property" means all land located within the corporate limits of tho city and which is either owned by the city or tho redevelopment agoncy or is part of the public right of way located within the city. Tho dofinition also includes programs or facilitios ownod or operated by tho city.(63) 66. "Regional commercial center" means a commercial development located upon a property with a regional commercial general plan land use designation and having the IT) EXHIBIT 11 following characteristics: project site area between thirty and one hundred acres; gross lease area between three hundred thousand and one million five hundred thousand square feet; major tenants may include full-line department stores (two or more), factory outiet centers, power centers of several high volume specialty stores, warehouse club stores or automobile dealerships; secondary tenants may include a full range of specialty retail, restaurants and entertainment. A center is still within this definition even if it includes one or more noncommercial uses. (64) 67. "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) 68. "Roof sign" means 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 ofthe roof (1664-69. "Shopping complex" means the same as "commercial center." (67) 70. "Sign" means 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 .(-not including e^^eep^letters, trademarks or moving parts); c. Holiday decorations and lights, in season, clearly incidental to and associated with holidays or cultural observances and which are on display on a given parcel for not more than forty-five calendar days in a calendar year; d. Building markers, as defined herein; e. Comerstones, as defined herein; f 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 or commercial mascots; 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: bv way of example and not limitation: stained glass windows, carved doors or friezes, church bells and decorative fountains; j. Property entry and security protection notices and signs waming of dangers or health 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 not 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; 1. Devices which are located entirely within an enclosed structure and are not visible from the exterior thereof; 8 17 EXHIBIT 11 m. Advertisements or banners mounted on or towed behind free-flying airbome vessels or craft, such as airplanes, dirigibles, untethered blimps and the like; n. Advertisements or banners mounted on trains or other mass transit vehicles which legally pass through the city; o. On street logal vehicles and properly licensod watercraft, ILicense plates, license plate frames, registration insignia and_noncommercial messages on street legal vehicles and properly licensed watercraft. and messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages on the vehicle or watercraft relating to the proposed sale, lease or exchange ofthe vehicle or vessel; 12, Messages on golf carts, wheelchairs, personal scooters, human powered taxis, shopping carts or other small wheeled vehicles. Signs on any motorized device which may legally travel upon public roads or highways is not within this definition; q. Vending machines which do not display general advertising; r. Automated teller machines at banks and facilities for walk up and drive up service at banks, credit unions and similar establishments; s. Murals, paintings and similar pictorial displays that are painted directly onto a building and are not intended to draw attention to any use, product, service or event. (68) 71. "Sign area" means the display or message area of the sign. The methods of computing sign area are detailed in Section 21.41.070(A). (69) 72, "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) 73. "Sign permit" means an entitiement from the city to place or erect a sign. (71) 74. "Sign program" means a plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement. (72) 75. "Site development plan" means a plan required pursuant to Chapter 21.06 of this code. (73) 76. "Specific plan" means a plan prepared and adopted pursuant to Section 65451 ofthe Califomia Govemment Code. (74) 77. "Street frontage" means the distance along which a lot line adjoins a public stteet, from one lot line intersecting said street to the ftirthest distant lot line intersecting the same street. A development project containing moro than ono lot along a stroot shall be considored to have only ono street frontage on that street. Comer lots have at least two street frontages. (75) 78. "Suspended sign" means a sign himg from the underside of a marquee, pedestrian arcade or covered walkway, usually at approximately ninety degrees to the building wall or storefront. 1 (76) 79. "Tall freestanding sign" means a monument or pole sign that is greater than fourteen feet in height. I (77) 80. "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) 81. "Temporary sign" means a sign, including paper, cardboard wood, plastic, synthetic, fabric or similar materials, which by virtue of its physical nature is not suitable fbr long ten-n display or pemianent mounting may be used only for a limited period of time and is not pemianontl)' mounted. EXHIBIT 11 (79) 82. "Traffic directional sign" means a sign which indicates place, location or direction for the information of drivers or pedestrians. (80) 83. "Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account ofthe condition ofthe physical structure ofthe sign or its mounting mechanism. A sign may not be considered "unsafe" within this definition by virtue of the message displayed thereon. (81) 84. "Vehicle sign" means 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. (82) 85. "Vessel sign" means a sign mounted upon a water vessel which may legally move upon the waters. (83) 86, "Wall sign" means a sign attached to a wall surface that does not project or extend more than ten inches from the wall, which is confined within the limits of an outside wall and which displays only one display surface. (84) 87. "Window sign" means 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. This definition does not include window displays of merchandise offered for sale, so long as such displays are located at least twelve inches from the window on the interior. (Ord.NS 606 § 1 (part), 2001) 21.41.025 General provisions. A, The provisions stated in this section apply to all signs within the regulatory scope ofthis chapter, and override more specific provisions to the contrary elsewhere in this chapter. (L>i^ Owner's Consent Required. a^The consent ofthe property owner is required before any sign may be displayed on any real or personal property within the city; b^In the case of pubMe-city property, the owner's consent shall be pursuant to a policy adopted by the city council. (3)-2,_ Message Substitution of Noncommercial Message. a_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. b, _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. c. Message substitution is a continuing right and may be exercised any number of times, in whole or in part. d. 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 and the sign stmcture satisfies all applicable laws, mles, regulations and policies. e, _When a noncommercial message is substituted for any other message, the sign is still subject to the same location and stmcture 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. 10 113 EXHIBIT 11 f_This substitution provision shall prevail over any other provision to the conttary, 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. g. This provision does not: i. Create a right to increase the total amount of signage on a parcel, lot or land use; pennitted; ii. Authorize the physical expansion of an existing sign; iii. Affect the requirement that a sign structure or mounting device be properly iv. Allow a change in the physical stmcture of a sign or its mounting device; or v. Allow the substitution of an ofl-site commercial message in place of an on- site commercial message or a non-commercial message. h. In addition to the non-commercial message display allowable under this provision, on any legal parcel, any unutilized sign display area which is available as a matter of right (i.e., not including display area available under some discretionary approval process), may be used to display non-commercial messages; a pennit for such signage is required only when the physical stmcture or mounting device is subiect to a building pemiit under thc Building Code and/or an electrical permit under the Electric Code. (a) Substitution of Commercial Messages. This substitution provision does not automatically allow substitution of one commorcial message for another commorcial message, nor does it automatically allow free substitution of a commercial message in a place where only a noncommercial message is allowed; howe\-cr, such substitutions may be allowed by other provisions ofthis chapter. This provision does not, by itself, allow off site commercial messages to bo substituted Ibr on-site commercial mossagos; however, such substitution may bo allowed by other provisions ofthis chapter. 3, Non-commercial speech. a. In addition to the sign display area available under the message substitution provision, signs displaying non-commercial messages only are allowable at all times and on all parcels, subiect to the following regulations: i. A sign permit is required only if the sign qualifies as a stmcture requiring a building permit or an electrical permit; ii. On parcels where the principal use is residential, the allowable display area is 8 square feet per residential unit at all times: and iii. On parcels where the principal use is anything other than residential, the allowable display area is 8 square feet per nonresidential establishment at all times; iv. The allowable display space fbr non-commercial speech is increased by 25% during the time period which begins 20 davs before a primary, general, or special election and ends within 10 days following the closing ofthe polls. (4) Location of Noncommercial Speech. For purposes ofthis chapter, all noncommercial spooch messages shall be doomed to bo "on she," regardless of location.(5) 1, Legal Nature of Sign Rights and Duties. a,_All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is mounted, affixed or displayed and mn with the land or personal property. K.The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or the person 11 EXHIBIT 11 mounting the sign. (6)-5. Transfer of Signage Rights. a, _Rights and duties relating to permanent signs may not be ttansferred between different parcels of real property. b, _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. (Ord.NS 606 § 1 (part), 2001) c, This provision does not affect the ownership of signs, and does not prevent a given sign from being moved from one location to another, so long as the sign is properly pennitted in the new location. 6., Compliance. a. Responsibility for compliance with this chapter is joint and severable as to all persons erecting, mounting, displaying or modifying any sign, all persons in control and custody ofthe property on which a sign is displayed, and the persons who are legal owners of record of the property on which a sign is displayed. L Discretionary Approvals. a. Whenever any sign permit, variance, CUP. Sign Program or Special Planning Area approval, or other sign-related decision, is made by any exercise of official discretion, such discretion shall be exercised only as to the non-communicative aspects ofthe sign, such as size, height, orientation, location, setback, illumination, spacing, scale and mass ofthe structure, etc. b. Graphic design mav be evaluated only for a Sign Program, and then only as applicable to commercial message signs. 8, Mixed Use Zones or Overlay Districts. a. In any zone where both residential and nonresidential uses are allowed, the sign related rights and responsibilities applicable to any particular parcel or land use shall be determined as follows: i. Residential uses shall be treated as if they were located in a zone where a use of that type would be allowed as a matter of right, and ii. Nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionarv pemiit. 21.41.030 Prohibited signs. A, 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: (4^L Abandoned signs, including their stmctures and supports; (3) 2, A-frame signs, as defmed herein; (^3^ Animated signs including, but not limited to signs that move, blink, flash, change color, reflect, revolve or make noise oxcopt for electronic message board signs or digital displays at regional commercial contors with a regional commercial general plan land use dosignation that ha\^o frontage on a freeway (I 5 or SR 78); (4) 4, Balloons or other inflatable signs or devices, as defined herein; (^5, Beacons, as defined herein; (6)6, Billboards with a display face greater than sixty square feet, as defined herein; (P^'h Bus stop bench/shelter signs, as defined herein; 12 EXHIBIT 11 (S)8, Electronic message board signs; (9)9, Exposed neon lighted signs on any building elevation that faces and is within five hundred feet of any property line that adjoins residentially zoned property; (40)—Gonoral advertising mossagos displa>'ed on vehicles parked on any public property within the city; (44)10. Commercial mascots and Hhand held or sandwich board signs carried by a person on publie-city property or in the public right-of-way and displaying a commercial message; (t2)ii Marker boards, as defined herein; 04)i2,Mobile billboards or any other type of vehicle that is moving or parked on city streets whose primary purpose is displaying general advertising that is moving or parked on city streets; (M)13.Off-site commercial signs excluding real estate fbr sale signs per Civil Code 713; (1^14. Portable signs with commercial messages; except for temporary signs as indicated in Sections 21.41.040 and 21.41.100; (L6)15.Roof signs (oxcopt holiday docorations and lights); (LT) 16, Signs attached to trees, plants, rocks, fences, utility poles/cabinets or other objects, the primary function of which is not to support a sign; (4^17,Signs physically blocking or impeding the free passage of persons through doors, firescapes or public rights-of-way; (Wl 8. Signs erected on or over pubhe-city property including public easements and public rights-of way, except those needed for traffic and public safety regulation as indicated in Soction 21.11.Q70(C) and those erected pursuant to a policy adopted by the city council policy regarding signs on public city property; (20)19. Signs simulating in color or design a traffic sign or signal or using words, symbols or characters in such a manner as to be reasonably likely to interfere with, mislead or confuse pedestrian or vehicular traffic; (2L)20, Signs that do not conform with applicable Uniform Building Code as adopted by Carlsbad and National Electric Code as adopted bv Carlsbadrogulations; (22)21.Temporary signs, including but not limited to banners (i.e.: feather banners) and pennants, except as provided for in Sections 21.41.040 and 21.41.100;_and (2^22. Unsafe signs, as defined in this chapter. (Ord. NS 606 § 1 (part), 2001) 21.41.040 Signs on private property not requiring a sign 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. 13 \1G EXHIBIT 11 Table A Signs on Private Property Not Requiring a Sign Permit Type of Descnption of Sign PinccmentTvpe of Sign Traffu Control, lYaffKl Directional or Waming Signs erected or required by govemment agencies FreestandingAV all/ Banner Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/ Letter Height RcmarksAdditional Sign Standards - See Sections 21.41.070 21.41.090 and those listed below Addre 5S Sign Wall 1 per building 6 square feet per sign. The minimum number height shall be: Residential - 4 inches and Nonresidential -z 6_12 inches, unless the Fire Marshal requires a greater height. propeity Nonce mmercial Messa je.Signs on residential and den t iai Wall/Freestanding or Window 6-8square feet per residential unit. 8 square feet per nonresidential establishment $6 feet above average grade or 3.5 feet above average grade if 1. May not be illuminated- located on thc in the front yard/-- Additipnal Political and other Noncommercial Message Signs on Freestanding privat(; property during campaign periods ^^2_square feet per residential unit. +4-2_square feet per nonresidential let establishmentT a-6feet above average grade or 3.5 feet above average grade if in the front yard/— 1. May be located on any private property, with owner's consent 2. Display time limited to 4§20 davs 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 (10) days following such election. 3. This is in addition to the noncommercial signage messages allowed under the substitution provision and the noncommercial signage- messages allowed at all times in residential zones. 4^ Nefte«mi-HW-€:-ial--sigfis may also be allowed on city property-per city council policy. 14 \17 EXHIBIT 11 Type of Description of Sign Windc w Signs located in con mereial centers and freestanding commercial buildings PlocementTvpe of Sign Window Maximum Number of Signs Maximum Sign Area Fcr Sign Total copy area shall not exceed 25% of the window area. Maximum Sign/ Letter Height 7 feet above average grade/6 inches. RemorksAdditional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below 1: Fluorescent, neon or "day glow" colors are prohibited. reestmding sign on Single! Dwelling Unit or Cor dominium Unit propi ;rty which is for rent, s ile or lease (Pisplbvcd on th( owner s real propeity or real ownec their (PursucUit to Califo Tlia Civil Code section Freestanding sigw displayed on the owner's real -prepe or real property' 1 per dwelling unit 4 square feet per sign. §-6_feet above average grade/6 inches owned bv others with Shall be removed from the building or property within fifteen (15) days after the sale, rental or lease. propertv their consent (Pursuantto California Civil Code bv others with wisent 713)) Flags, zones n nonresidential comm iTCVdl symbols Pole Freestanding pel«-or pol^-mounted on the side of a.building 4-Maximum of 3 flags per nonresidential establishment P M and M zones 24 square feet per tlag. Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted structure existing on the premises/ . Flags zones n residentiai nonco symbt mereial Pole Freestanding pole or pek-mounted on the side of a_building RcstrictionMaximu m of 2 flags per occupied dwelling 24 square feet per flag. unitand 3 Flag Poles establishment. Flag Pole Height: The lesser of 35 feet or the height of the tallest legally permitted structure existing on the premises/ . Flags with commercial images are not allowed in residential Flag Poles per occupied dwelling unit and 3 Flag Poles per nonresidential establishment. Temporary signs attached to parked or stationary vehicles visible trom the public of- Window (Inside) 2 per vehicle windows 10 inches by 12 inches per sign. No limitation if sign is not visible from public right-of-way. ght--way Signs Dermanently attached to or painted on vehicles, with non- changeable copy, used in the day-to-day operations of a business Does not apply to "general advertising" or "mobile billboards." (Ord.NS 606 § 1 (part), 2001) 21.41.050 Application and permit procedures. A. A; Sign Permit Required. L It shall be unlawful for any person to affix, place, erect, suspend, attach, constmct, stmcturally 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 15 EXHIBIT 11 permit requirement under Section 21.41.040. The regulations contained in this section apply to sign permits which are not associated with a sign program. Pemiit applications fbr sign programs are regulated by Section 21.41.060. 3_ 4, A sign permit shall not be required for cleaning or other normal maintenance of an existing sign, unless a stmctural or electrical change is made. 4 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. B: Application for Permit. The application for a sign permit shall be made in writing on the form provided by the city planner planning division and shall be accompanied by the required fee. Such application shall set forth and contain the following information: a. -LA 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 stmcture to which it is proposed to be installed or affixed or to which it relatest; ^rb, 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 stmctures and off-street parking areas located on the premisesv; ^c. The number, size, type and location of all existing signs on the same building, lot or premisesr; and Any stmctural 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. L The purpose of a sign permit is to ensure compliance with the provisions of this chapter and the relevant building and electrical codes. 2. After receiving a complete sign application, the community and oconomic dovolopment director or designee city planner shall render a decision to approve, approve with modifications or deny such sign application within fifteen days; however, an approval with modifications shall be limited to requiring compliance with this chapter. 3^ The application shall be approved and the permit issued whenever the proposed sign meets the following requirements: La, 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 chapterr; 2vb, The proposed sign is consistent with any applicable sign program;7jnd ^7C,_That tThe sign conforms to the constmction standards of the latest adopted building and electrical codes. E. Revocation or Cancellation of Permit. L The community and economic dovolopment director or designee city planner shall revoke any issued permit upon refusal of the holder thereof to comply with the terms of the pemiit and/or the provisions of this chapter after written notice of noncompliance and fifteen days opportunity to cure. 16 n EXHIBIT 11 2, 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. (Ord.NS 606 § 1 (part), 2001) 21.41.060 Sign programs and modified sign programs. A. Purpose. L The purpose of a sign program is to integrate signs with a proj ect's-wfth- building, site and landscaping design to form a unified architectural statement. Sign prograins may not supersede the dimensional and numbor limits provided in Tables "A," "B" and "C" of Sections 21.41.010, 21.41.095 and 21.'11.100, respectivoly. All sign programs must incorporate the substitution provisions ofthis chapter, Soction 21.11.025(2). Sign program design standards do not apply to noncommercial messages and substitution of noncommercial messages is subject to owner's consent. B. Applicability. L A sign pemiit for a sign program shall be required for: (D-a. Mmaster plans, (3) -b,_sSpecific plans, (34-c. ftNonresidential projects requiring a site development plan processed pursuant to Chapter 21.06 of this code and (4) -d.planned ilndustrial or office pafks-developments of greater than twenty five ten acres in area. 2, A sign program may bc proposed fbr all other types of development proiects or discretionary permits not listed in Subsection 21.4L060.B.1. 3, For those projects requiring or proposing a sign program, no sign permit shall be issued for an individual sign, unless, and until, a sign program for the project, lot or building on which the sign is proposed to be erected has been approved by the city in conformance with this chapter. C. Sign programs and sign standards modifications. 1. Sign programs may establish standards fbr sign area, number, location, and/or dimension that vary from the standards ofthis chapter as follows: a. A sign program that complies with the standards of this chapter shall require the approval ofa ministerial sign program application by the city planner provided that all ofthe findings of fact listed in Section 21.4LQ6Q.G. ofthis chapter can be made. b. A sign program proposal that exceeds the standards of this chapter by up to 15% shall require the approval of a modified minor sign program discretionary application by the city planner provided that all ofthe fmdings of fact listed in Section 2L4L060.H. ofthis chapter can be made. c. A sign program proposal that exceeds the standards of this chapter by greater than 15% up to 30% requires the approval of a modified sign program discretionary application by the planning commission provided that all of the findings of fact listed in Section 21.41.06Q.H. ofthis chapter can be made. d. When calculating the pemiitted number of signs allowed by a sign program, if the calculation results in a fractional sign of .5 or greater, then the fraction may be rounded up to the next whole number. If the calculation results in a fractional sign of less than.5, then the fraction shall be rounded down to the next whole number. 17 \%0 EXHIBIT 11 e. When calculating the permitted number of signs allowed by a modified sign program, if the calculation results in a fractional sign, then the fractional sign may be rounded up to the next whole number. e f Sign program design standards shall not apply to noncommercial messages. f_g. All sign programs must incorporate the provisions for substitution of noncommercial messages as specified in Section 21.41.025.A.2. Message substitution applies but may not override contrary provisions in leases. g_h. In the absence of a master or specific plan, T^the sign program application may not be used to pennit a sign type which is otherwise prohibited. \X Application and fees. Requirements. 1. An application for a sign program, modified minor sign program or modified sign program may be made by the owner of the property affected or the authorized agent of the owner. Z Thesign perniit application for a sign program, modified minor sign program or modified sign program shall be made in writing on the form provided by the planning division city planner. 3^ The application shall be accompanied by the required fee contained in the most recent fee schedule adopted by the city council. 4. The application shall state fully the circumstances and conditions relied upon as grounds for the application. 5. Sueh-The application shall contain the following information: Lra^A copy of an approved development plan (master plan, specific plan, planned industrial pennit ei^^site development plan or other approved development project or discretionary permit) 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^; Svb, A drawing to scale showing the design of each sign, including dimensions (height and width), sign size (area), colors, materials, method of attachment, source of illumination and location of each sign on any building, stmcture or property^: 3TC, Computation ofthe total number of signs, sign area for individual signs, total sign area and height of signs for each existing and proposed sign typev; 4Td, A materials board or sign sample that is an accurate representation of proposed colors, material and style of copyr: and ^e. The number, size, type and location of all existing signs on the same building, lot or premises. Method of Review. Aftor receipt of a comploto application fbr a sign program, the community and oconomic development director, or designee^ shall render a decision to approve, approve with modifications or deny such sign program application within thirty days. The docision of tho community and oconomic dovolopment 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 subsoction 21.4 L05Q(D) arc satisfied. E. Notices and hearings. 1. Notice of an application for a modified minor sign program shall be given pursuant to the provisions of Sections 21.54.060.B. and 21.54.061 ofthis titie. 2. Notice of an application fbr a modified sign program shall bc given pursuant to the provisions of Sections 21.54.060,A. and 21.54.061 ofthis titie. 18 EXHIBIT 11 F. Decision-making authority. Av L Applications for a modified minor sign program or a modified sign program shall be acted upon in accordance with the following: a. Modified minor sign program. i. An application for a modified minor sign program may be approved, conditionally approved or denied by the city planner based upon his/her review ofthe facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this titie. ii. The city planner mav approve or conditionally approve the modified minor sign program if all ofthe findings of fact in Sections 21.41.060.H. of this chapter are found to exist, b. Modified sign program. i. An application fbr a modified sign program may be approved, conditionally approved or denied by the planning commission or citv council, as specified in Section 21.54.040 ofthis title. ii. The decision on the modified sign program shall be based on the decision-making authority's review of the facts as set fbrth in the application, of the circumstances ofthe particular case, and evidence presented at the public hearing, iii. The decision-making authority shall hear the matter, and may approve or conditionally approve the sign program if all ofthe findings of fact in Section 2L41.060.H. of this title are fbund to exist. G, Findings of fact for sign prograins that comply with standards of this chapter: L A proposed sign program will bc approved only upon the fbllowing findings: a. All signs comply with the sign area, number, height, location and other sign standards as set forth in this chapter. b. The signs have been integrated with the project's building, site and landscaping design to form a unified architectural statement. H, Findings of fact fbr modified minor sign programs or modified sign programs that vary from the standards ofthis chapter: L A modified minor sign program or modified sign program that varies from the standards ofthis chapter shall be approved only upon the following findings: a. The standards established by the modified minor sign program or modified sign program do not exceed any applicable mles or limits in the General Plan or Local Coastal Program; b. The modified minor sign program or modified sign program is necessary to ensure that signs are proportionate to and compatible with the number, size, height, scale and/or orientation of project buildings; c. The modified minor sign program or modified sign program is necessary to ensure the visibility ofthe overall development to pedestrians and motorists; and d. The modified minor sign program or modified sign program is necessary to enhance the overall proiect design, and the aesthetics and/or directional ftmction of all proposed signs, L Announcement of decision and findings of fact, L When a decision on a modified minor sign program or modified sign program is made pursuant to this chapter, the decision-making body shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis titie. L Effective date and appeals. 19 EXHIBIT 11 L Decisions on modified minor sign programs and modified sign prograins shall become effective and may be appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 ofthis title. K, Expiration, extensions and amendments. L The expiration period for an approved modified minor sign program or modified sign program shall be as specified in Section 21.58.030 ofthis title. 2, The expiration period for an approved modified minor sign program or modified sign program may be extended pursuant to Section 21.58.040 ofthis titie. 3, An approved modified minor sign program or modified sign program may be amended pursuant to the provisions of Section 21.54.125 ofthis title. ETL. Existing Sign Programs, 1. Existing sign programs approved prior to the effective date of this chapter are subiect only to the message substitution provision of this chapter; all other terms ofthe existing sign program shall continue in force. However, if any existing sign program is proposed for amendment to increaso overall sign area, then the sign program must bo amended to conforffl-te all development and design standards ofthis chapter .- ¥-.. Amendments. 1. An amendment to a sign program shall bo processed in the same manneF-as-an original application fbr a sign progFan^ GTM. Binding Effect. 1. After approval of a sign program, modified minor sign program or modified sign program ali signs subsequent subieet thereto shall be erected, constructed, installed, displayed, altered, placed or maintained only in conformance with such program unless and until modified by the procedures outlined herein. (Ord.NS 606 § 1 (part), 2001) 21.41.070 General sign standards. The following sign standards shall apply to all signage within the city. A. A: Sign Area. L Sign area is computed as follows: La,_Wall, Retaining Wall. Monument. Suspended, Fascia, Avming, Window and Landscape/Hardscape Feature Signs. i. Sign area shall be computed by measuring the smallest square, rectangle, triangle, circle or combination thereof, that will encompass the extreme limits of the graphic image, writing, representation, emblem or other display, together with any material or color fbmiing an integral part of the background of the message or display or otherwise used to differentiate tho sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing. ii. Sign area does not include ^my supporting framework or bracing unless such is designed in a way as to fiinction as a communicative element ofthe sign. 2r. Monument and Suspended Signs. Sign area shall be computed by measuring the ontiro area contained within the frame, cabinet, monument, monument base or fixture3b, Pole Signs. i. 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. 4rc, Multi-Faced Signs. 20 EXHIBIT 11 L_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. ii. 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 stmcture, the sign area shall be computed by the measurement of one ofthe faces. iii. In the case of a sign of spherical or cylindrical shape, the area of the sign shall be one-half of the surface area. ^rd^Flags, Banners, Pennants, etc. i. Sign area is the entire surface area, one side only. B. Sign Height. L Sign height is measured as follows: Tra. Wall, Retaining Wall, Fascia, Awning, SuspendedMonument, Pole and Freestanding Window Signs. LT i. Sign height is specified as the greatest vertical measurement from the top of the sign or sign cabinet, including all ornamentation and supports, to the average grade beneath the signv Q.^—Signs on Public Proporty, Including tho Public Right of Way..SignG may bo placod on public property only in accordancG with a policy adopted by the city council. Signs placod on public property in violation ofthe city councirs policy may bo summarily romovod by tho city, and all persons rosponsibiG for placing such signs on public property contrary to the city councils policy may bc charged with thc cost of removal. C. D; Placement of Commercial Signs. L 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. D. E: Placement of Noncommercial Messages on Signs. L ^Noncommercial signs-messages 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. 2. A permit is required for a noncommercial sign-message only when the sign stmcture has not been previously permitted. (Ord.NS 606 § 1 (part), 2001) 21.41.080 Sign Mesign Sstandards. Each permanent approved sign shall meet the following design standards. A. A; Colors. L For signs displaying commercial messages on signs, fluorescent, "day-glo" and similar colors shall not be used. B. & Materials. All permanent signs shall be constmcted of durable materials, which are compatible in kind and/or appearance to the building supporting or identified by the sign. 2, Such materials may include, but are not limited to: a. ceramic tile, b^ sandblasted, hand carved or routed wood, C;^ channel lettering, d, concrete, stucco or stone monument signs with recessed or raised lettering. C. Sign Location. 21 EXHIBIT 11 1. Wall signs must be located below the roofline on stmctures with pitched roofs. However, wall signs can be located on the parapet of a flat roofed building. Wall signs are not allowed on any equipment enclosure located above the roofline. 2. Directional signs shall be located to facilitate traffic intemal to the site. QTD. Relationship to Buildings. L Each permanent commercial message sign located upon a premises with more than one main building, such as a commercial, office or industrial project, shall be designed to incorporate the materials common or similar to all buildings. DTE, Relationship to Other Signs. L Where there is more than one 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: Lra^Type of constmction materials; ^rb. Sign/letter color and style of copy; ^c. Method used for supporting sign (i.e., wall or ground base); 44, Sign cabinet or other configuration of sign area; &7Q. Illumination; and ^f. Location. ETF, Relationship to Streets. L Signs shall be designed and located so as not to interfere with the unobstmcted clear view of the public right-of-way and nearby traffic regulatory signs of any pedestrian, bicyclist or motor vehicle driver. F.G, Sight Distance. L No sign or sign stmcture shall be placed or constmcted so that it impairs the City's sight distance requirements, per City Engineering Standards, at any public or private street intersection or driveway. GTH, Sign Illumination. L Illuminated wall signs are prohibited on any building elevation that faces and is located within three hundred feet of anv property line that adjoins residentially zoned property. Lr2^ Gonoral 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. 3^ Extemally illuminated signs shall be lighted by screened or hidden light sources. 2.Frce Standing and Building Mounted Signs. L. Free-standing and building-mounted signs shall either be non-illuminated or extemally illuminated, except for signs with opaque backgrounds which give the appearance of individual channel letters and/or changeable copy signs. HTI, Logos and Graphics. L Corporate logos and graphics may be used in conjunction with allowed signage. Logos, graphics and trademarks are included in the total sign area, and are subiect to sign height standards, but are not subiect to sign letter height standards, wall, monument and pole signs. LL Landscaping. L Each monument and pole sign shall include landscaping around the base of the sign, at a minimum ratio of two square feet for every one 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. 22 1^5 EXHIBIT 11 (Ord. NS 606 § 1 (part), 2001) 21.41.090 Coastal zone sign standards. A The following sign restrictions apply to properties in the coastal zone except the Agua Hedionda Lagoon and Carlsbad Vvillage Review rodovelopment segments. If there is a conflict between the coastal zone sign standards of this section and any regulations of this chapter, the standards ofthis section shall prevail. Otherwise, within the coastal zone, the sign regulations of this chapter shall apply. TATL Each business or establishment shall be entitied to one fa9ade sign. BrZ Each shopping complex shall have only one directory sign which shall not te exceed fourteen feet in height, including mounding. GT3. Monument sign height including mounding shall not exceed eight feet and shall apply where three or fewer commercial establishments exist on a parcel. DA Tall freestanding and roof signs shall not be allowed. ET5, Off-premises signs shall not be allowed. (Ord.NS 606 § 1 (part), 2001) 21.41.095 Permitted permanent signs. A, 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 standards. Table B Permanent Signs Permitted by Type of Development and Zone With a Sign Permit 1 Devel 0 ype of spment and r Zone Type of Sign Maximum Number of Signs Maximum Sign Maximum Sign/Letter Height Location RcmarksAddition al Sign Standards 1 Devel 0 ype of spment and r Zone Type of Sign Maximum Number of Signs Maximum Sign Maximum Sign/Letter Height Location - See Sections 21.41.070- 21.41.090 and those listed below Single Reside Family ntial Lots See Section 21.41.100, Permitted Temporary Signs Single Reside Family ntial Lots See Section 21.41.100, Permitted Temporary Signs See Section 21.41.040, Signs on Private Property Not Requiring a Sign Permit See Section 21.41.040, Signs on Private Property Not Requiring a Sign Permit Reside Subdi^ Condc Aparti Projec Mobil Parks ntial isions, miniums, lent ts and ; Home Freestanding C-efwrnwity/ Project Identity S+a« Monument 1 per project entryance 10 25 dwelling tm-ite-iS-sqware feet > 25 dwelling ufHt»:"3ji-60 square feet per sign {Sm Nolo HI below) 6 feet above average grade/-l-824 inches Driveway entrance or at other strategic location. rSee Note # 1 below) 23 EXHIBIT 11 Type of Devel )pment and or Zone Type of Sign Directory Signs - Wall Mounted or Freestanding Maximum Number of Signs 1 per entrance to a building entrance Maximum Sign Area Per Sign 6 square feet per ^60 square feet per sign (See Note # 1 below) Maximum Sign/Letter Height 4-6.feet above average grade/6 I Tn i * r> (.>L^ II WJIIKPJ Location Signs are to be located and oriented to direct visitors upon entry into the project or building. RcmarksAddition al Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Comn ercial Centeis and Freest mding Comn ercial Buildi igs (located v»ithin the C-l. C- C-l zones^ Monument or C- l' 1 per street frontage driveway entrance 6 feet above average grade/4^ 24 inches Primary See Note #1 Ddriveway entrance or at other strategic location. below) Wallof-, Fascia or Awning Signs Commercial Center Freestanding Commercial BuildingNo maximum number 50 square feetTotal sign area tbr all wall, fascia or awning signs shall not exceed square foot per each lineal foot of building frontage Varies/Tenant Leased Space: < ^2,500 square feet: —/24 inches ^2,500- 10,000 square feet: —/30 inches 10,001 -50,000 square feet: —/36 inches; > 50,000 z 100.000 square feet —/48 inches > 100.000 square 1. Wall Signs: Below eaveline. 1 • Total sign area shall not exceed Not allowed on any parapet or equipment Fascia Sign: Centered on Fascia. -42.. Awning Sign: Over doors or windows square Foot per each lineal foot or teet —/60 inches building Irontage; 2Lj The wim length of any sign shall not exceed 75% ofthe width length of the building frontage or lease space to which the sign pertains. (See Note #2 below) (See Note #4J13 below) (See Note #6 beiow) Suspended or Projecting Cemmercial Center - 1 per establishment -S_6 square feet per sign walkvvay/8 iw^hesMinimum 8 foot clearance from finished grade to bottom of Suspended - Underside of walkway overhang at 90 degrees to the business ^establishment. Suspended Mmav not be internally illuminated. Directional Sign 3 per driveway entrance 6 square feet per sign 4-6.feet above average grade/6 11 IVl tviD Should be located to facilitate traffic intemal to the site. Thm Drive Facilities Reader Board Wall or Monument >aFd Restaurants: 2 per existing 24 square feet per sign establishment Other non- restaurant Ddrive- thm Ffacilities: 1 per establishment 6 feet above average grade/2 ittehe-s Reader boards are allowed in addition to other signs permitted for Commercial Centers and Freestanding Commercial Buildings. 24 EXHIBIT 11 Type of Devel >pment and or Zone Regioi lal Comn ercial Centeis Type of Sign Pole Maximum Number of Signs 1 per center Maximum Sign Area Per Sign 150 square feet per sign Maximum Sign/Letter Height 35 feet above average grade Location N«aF-pPrimary project entrance or in a location approved by the city planner. RcmarksAddition al Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Pole sign is allowed in addition to other signs permitted for Commercial Centers. Office and Comn ercial uses in the M, P- zones Industrial Monument 1 per lot •P, O, C- and M See Note Directional Signs 3 per driveway entrance 60 §0 square feet per sign (See Note #1 below) 6 feet above average grade/^24 inches N«aF-pPrimary driveway fw^ej^et entrances or at other strategic locations. building :iddresa(See Note #3 below) (See Note #1 beiow) ( See Note # 5 below) 6 square feet per sign 4-6_feet above average grade/6 in f'hp^'i—T— Should be located to facilitate traffic intemal to the site. Buildi square feet Wall t lT x*l "C Bwyiigs 35,000 square in are Buildi ipgs--> square feet m-aFet Ikiildings less than 50.000 square feet 50 square feet per sign in area: 4-2 signs per building (1 sign per building elevation) See Note // 8 Ki^l j'W'i: If A inches Buildings 50.000 - 100.000 square feet in area :4-peF hiiilfliDf nr ? 3 signs per building (2 signs per building elevation) 60 square feet per sign -—/36 inches See Note // 8 below/36 inches (See Note #5 below) ljuildings greater than 100.000 square feet in area: 70 square i'eet per See Note # 8 below/24-in^es —/48inches 4 signs per building (2 signs per building elevation) See Note if 8 below/36 inches 4-per4»uildii>g-ef per building or See-Nete-#~8 See-Note fr 8 below/21 inches 3 per building (See (See Note #3 below) (See Note #4 below) (See Note #5 below) (See Note #6 beiow) 25 EXHIBIT 11 r Devel) 01 ype of pment and - Zone Type of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/Letter Height Location RcmarksAddition al Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Office Indust Establ with a buildii in am buildin or iai shment separate g entrance ilti-tenant g Wall or Fascia 1 per establishment ^8_square feet per sign 6" letters 9' logos Directly above entrance Allowed in addition to wall Office Indust Establ with a buildii in am buildin or iai shment separate g entrance ilti-tenant g Wall or Fascia 1 per establishment ^8_square feet per sign -—/12 inches signs permitted for buildings in the R- P. 0. C-M. P-M {ind M zones. Groun Ixvtui 1 establi a sepa entran multit buildh the R-l P-Mai 1 Floor Commercial Wall or Fascia 1 per establishment 20 square feet per sign Wall Sign: Not permitted above 1. Wall Sign: Not permitted above 1. Must be oriented towards Groun Ixvtui 1 establi a sepa entran multit buildh the R-l P-Mai shment with ate building :e in a nant lg located in ^ 0, C-M, id M zones Wall or Fascia 1 per establishment 20 square feet per sign the plate height elevation ofthe ground floor /IS inches the plate height elevation ofthe ground floor 4T-l.Fascia Sign: Centered on fascia, directly above establishment entrance. the paricing area. 2. May not be I^etai4- establi a sepa entran multi- buildii the R- P-Ma Commercial Suspended Stgn 1 per establishment 5 square feet per sign Underside of Underside of walkway overhang at 90 degrees to the! Ctclf 1 commercial business establishment. May not be iTitf^rn Jiilv I^etai4- establi a sepa entran multi- buildii the R- P-Ma shment with ate building :e in a enant lg located in P, 0, C-M, nd M zones Suspended Stgn 1 per establishment 5 square feet per sign vvalkway/8 inches Minimum 8 tbot clearance from finished grade to bottom of sign/-— Underside of walkway overhang at 90 degrees to the! Ctclf 1 commercial business establishment. ill IVI t ICII1 T illuminated. Office l^T-e>j«e 'Industrial sParks S+gnPark identification sign 1 npT pnc\\ nroicM't 75 square feet per sign fSee-Nole fi 1 below) 6 feet above average grade/+824_ inches Near primary entrances. (See Note # 1 Office l^T-e>j«e 'Industrial sParks S+gnPark identification sign park entrance that is located along an arterial road 75 square feet per sign fSee-Nole fi 1 below) 6 feet above average grade/+824_ inches Near primary entrances. below) Hotels /Motels Monument 1 per street frontagedriveway entrance 3^60 square feet per sign (See #1 below) 6 feet above average grade/4^24 inches Primary project entrance or at other strategic location (See Note #1 below) Wall or Fascia or Awning 2 Wall or Fascia or Awning Signs per Building street Irontage (See Note ft A' below) Total sign area for 3-all wall, fascia or awning signs (per building) shall not exceed T#-isquare fmooi per each lineal foot of building frontage. /-CAP Mntp 8 hr-invv^ /'74 inches 1. Fascia Sign: Centered on Fascia. 2..Awning Sign: Over doors or windows. below) (See Note #2 below) (See Note #3 below) (See Note #6 below) Directional 3 per driveway entrance 6 square feet per sign 4-6_feet above average grade/6 Should be located to facilitate traffic internal to the site Profe Facili 3 5ional Care Monument 1 per Sii'^'fcSt' tfontagedriveway entrance 3^-6Qsquare feet per sign 6 feet above average grade/-W^24 inches Primarv proiect entrance or at other strategic location (See Note #1 balow) 26 EXHIBIT 11 Type of Devel )pment and Zone Type of Sign Wall Maximum Number of Signs 1 per street frontage Maximum Sign Area Per Sign Total wall sign area shall not exceed 1 square foot per each lineal foot of building frontage.30 square Maximum Sign/Letter Height See Note tf 8 Location Kiftl rtl-Ui. .f. TTtyTV? TT ^nr inches RemarksAddition al Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Illumination is to be extemal, except for channel and letters. (See Note #3 below) (See Note #6 below) Directional 3 per drivew^iy entrance 6 square feet per sign 4-6feet above average grade/6 inches*""""* Should be located to facilitate traffic internal to the site Resort Hotels Monument 1 per street frontagedriveway entrance ^60 square feet per sign (See Note tfl below) 6 feet above average grade/4^24 inches Primarv project entrance or at other strategic location (See Note #1 below) Wall 1 per street frontage ^60 square feet per sign Total wall sign area shall not exceed 1 square b«tew™/JO-36 inches (See Note #2 below) (See Note #3 below) foot per each lineal foot of (See Note #6 below] building fi-ontage Directional 5-3_per driveway entrance 40-6_square feet per sign 5-6feet above average grade/6 i'fioheS""*""" Should be located to facilitate traffic internal to the site Gas/S(!rvice Stations Monument 1 per street frontage ^^60 square feet per sign 6 feet above average grade/24 inches Primarv proiect entrance or at other strategic location (See Note #1 below) Sign may include motor fliel prices as required by State law. Wall 1 per street frontage 30 square feet per 24 inches (See Note #3 below) (See Note #6 below) Canopy 4 per site Total sign area for all canopy signs shall n<»)rexeeed- 40-10 square feet per sign Attached to canopy, not to above the canopy;:^ Attached to canopy, not to extend beyond or above the canopy Must be designed as an integral part of the canopy stmcture. -/18 inches Fuel Pump 1 per ftiel pump 2.5 square feet per Must be attached to the fuel pump 27 ^0 EXHIBIT 11 T ype of Devel >pment and cr Zone Type of Sign Pole (freeway service stations only) Maximum Number of Signs 1 per site Maximum Sign Area Per Sign 50 square feet per sign Maximum Sign/Letter Height 35 feet above average grade/36 inches Location RcmarksAddition al Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Only permitted at freeway service stations. Stand alone Wall Theate r or Cinema 1 per street frontage Total sign area for all wall signs shall not exceed T^I square feet per each lineal foot of building frontage. See Note if 8 b©lwv™/24-60 inches (See Note #3 below) (See Note #6 below) See Commercial centers tor permitted signage for a theater that is not a stand-alone establishment Suspended or Projecting 1 per site 6 square feet per sign Minimum 8 foot clearance Ixom finished grade to bottom of sign- Suspended- Underside of walkway overhang Suspended may not be internally illuminated. at 90 degrees to the building Attraction Board (Pole or Marquee) 1 per site 100 square feet plus 10 square feet per screen or stage over 1, up to a maximum of 160 square feet per sign Maximum Ppole sign height: 35 feet above average grade/24 inches Marquee: Sm •/24 inches Marquee signs must be building mounted. Prognun Poster 1 per screen or stage 6 square feet per below) Must be building mounted. Cover iment Wall Churc \ Schoo or Private 1 per street frontage ^4() square feet per sign Total wall sign area shall not See Note tf 8 Kpln^ V /94 inches Illuminafion is to be external:, except for channel and letters. exceed 1 square foot per each lineal foot ol' building frontage (See Note #6 below) Monument 1 per street frontage ^60 square feet per sign (see-Note tf 1 below) 6 feet above average grade/4-824 inches N^M^Primary project entrance or at other strategic (See Note # I below) location. Directional Signs 3 per driveway entrance 6 square feet per sign 4-6feet above average grade/6 Should be located to facilitate traffic intemal to the site. 28 1^1 EXHIBIT 11 1 Devel 0 ype of )pment and r Zone Type of Sign Maximum Number of Signs Maximum Sign Area Per Sign Maximum Sign/Letter Height Location RemarksAddition al Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Public Playgr Recrei Facilit Natur( Centei simila Parks, oundSj m4 tional les, /Interpretive s and uses Monument Wall 1 per street frontage 1 per street 50-60.square feet n^r ^i?n (Sgig Note 6 feet above average grade/24 inches 24 inches Near-jPprimary project entrance or at other strategic location. (.See Note # I below) Public Playgr Recrei Facilit Natur( Centei simila Parks, oundSj m4 tional les, /Interpretive s and uses Monument Wall 1 per street frontage 1 per street tfl below) 30 square feet per 6 feet above average grade/24 inches 24 inches Near-jPprimary project entrance or at other strategic location. (See Note #3 Public Playgr Recrei Facilit Natur( Centei simila Parks, oundSj m4 tional les, /Interpretive s and uses Monument Wall frontage sign Near-jPprimary project entrance or at other strategic location. below) (See Note #6 below) Directional 5-3_per driveway entrance 44-6_square feet per sign 5-6feet above average grade/6 Should be located to facilitate traffic intemal to the site. Produ Stand R-Aai zones ;e/Flower in the E-A, id L-C Wall Mounted or Freestanding 2-Lper produce/flower stand 9-32_square feet per sign See Note tf 8 below/24 tnei^esFreestandin g: 68-feet above average grade/24 inches Freestanding: Primary proiect entrance Shall be displayed only during the time_period the produce/fiowers are is-available for sale on the property Nurse Green Packir Stable Acade simila louse, g Shed, Riding my and r uses Freestanding I per site ^32 square feet per sign 6-8feet above average grade/24 inches Primary proiect entrance or at other strategic location May not be illuminated P-Uz( me FreestandingMonu ment 1 per street frontage (2 signs maximum) ^60-.square feet 6 feet above average grade/4-8 24 inches NeaF-Pprimary project entrance or at other strategic locationr (See Note #1 below) Wall 1 per street frontage (2 signs maximum) 20-40 square feet Wt^J {^WJ. -r w «r nrf /'^ /I inches (See Note #6 below) Directional Signs 3 per driveway entrance 6 square feet per mi 4-6feet above average grade/6 III vT'i cry" Should be located to facilitate traffic intemal to the site. OS zo for us le. except s li.sted See Section 21.41.100, Permitted Temporary Signs elsew table ere in this See Section 21.41.100, Permitted Temporary Signs 29 EXHIBIT 11 Notetfl. Monument sSigns on entry walls or retaining walls (e.g., curved, angled or similar walls integrated into a project entry or perimeter) are-encouraged permitted. In cases where swh-entrv^ walls are located on both sides of an entry drive, twe-one signs on each wall (each at the maximum square footage) are-is_permitted. Note #2. Building elevations on restaurants, hotels or motels which front along or are within five-three hundred feet of the right- of-way of and visible from Interstate 5. State Route 78, Palomar Airport Road or E Camino Real shall not have more than one wall sign along those elevations. Note tf 3 No monument sign shall be le^ated-wHthin one hundred feet of another monument However, if more than one building shares a common driveway, then a maximum of two monument signs can be located along the common drivew^ay, pro v4detl-that-th€--s-igns--a-re located on opposite sides of y^-drivewavr Note-#4 #3. Illuminated wall signs are prohibited on any building elevation that faces and is within fwe-three hundred feet of any property line that adjoins residenfially zoned property. Note tfS No more than one wall sign permitted along a building elevation. 30 EXHIBIT 11 Note #6^14 Building elevations which front along or are within ftve-three hundred 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 wall sign along those elevafions. Notwithstanding the above, two wall signs along any ethef-a.building elevafion that fronts the above-noted Note #6^14 corridors are onlv may be Note #6^14 permitted under the following circumstances: (a) A building elevation must have a minimum of one hundred fifty lineal feet in order to have more than one wall sign along that elevafion. (b) The minimum spacing between wall signs along an elevation shall not be less than seventy-five feet. (c) The cumulative length of all wall sign(s) along any building elevafion shall not exceed one-third of the length of that same elevation. Note #7-rl5 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 #^16 Wall signs must be located below the roof eaveline on structures with pitched roofs. However, wall signs Note #^16 can be located on the parapet of a flat roofed building. Wall signs are and is not allowed on any aretHte^tural-pw^jeetien, parapet or equipment enclosure located above the roof eaveline. (Ord.NS 606 § 1 (part), 2001) 21.41.100 Permitted temporary signs. Table C provides a listing of all temporary signs permitted for each type of development and corresponding zones with a sign permit. In addition to the type of sign permitted. Table C 31 EXHIBIT 11 provides the maximum number, maximum sign area per sign, maximum sign height and letter height, permitted location and other provisions. Table C Temporary Signs Permitted By Type of Development and Zone With A Sign Permit TVPE OF DEVELOPMEN T Af^D ZONE TYPE OF SIGN MAXIMUM NUMBER OF SIGNS MAXIMUM SIGN AREA PI MAXIMUM SIGN/LETTER HEIGHT LOCATION REMARKS Projects which are under Constiuction-ziii all zor es Wall or Freestanding 1 per project ITrnr Projects of 2 to 10 1 in 1 tk'"iIII i Projects of more than 10 units, Commercial. Industrial Projects: average grade 6 Freestanding: 8 feet above average grade/ Must be located on the project site. May not project into the public right-of-way. 1. May not be illuminated. 2. Shall be removed prior to the granting ofa the last Certificate of Occupancy by the city. 32 square feet per sign Real piojec, Fpoperty or which is , sale or - in all owiier's rer t for lease • zones real pit)perty or Freestanding sign displayed on the owner's real 1 per property ownec by others with o ^VTier's conser t. per -•r-ea4 propert)' owned by t:^ti tv^'rCt vv'Tii T tl 1 on consent (Califomia Civil Code 713) Califo nia Civil Code "'13) Residenfial Projects of 2 to 10 units: 12 square feet, Residenfial Projects of more than 10 units. Commercial, Office or Industrial PropertiesT-34-16 square feet per sign 5 feet above average grade 6 8 feet above average grade Must be located on thc property. May not project into the public right-of-way. 1. May not be illuminated. 2. Residential Projects: shall be removed from the property within one vear from the first building permit or within 15 days from thc date that of when all the properties are sold or no longer for sale, whichever occurs first. 3. Commercial and Office/ Industrial Properties: shall be removed from the building or property within 15 days after the sale, rental or lease. 32 EXHIBIT 11 TVPE OF DEVELOPMEN T AI^D ZONE TYPE OF SIGN MAXIMUM NUMBER OF SIGNS MAXIMUM SIGN AREA PER SIGN MAXIMUM SIGN/LETTER HEIGHT LOCATION REMARKS All Cc mmercial. Office Indust and iai zones Bannef Interim femporary Sign 1 per establishment 30 square feet per sign Attached to monument or wall atthe establishment locafion. 1. Permitted only for businesses establishments waifing for permanent sign constmction 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 securedissued. All Cc mmercial. Office, and Indust 'iai zones Banner or Freestanding Signs with a Temporary Seasonal Sales Locafion Permit 1 per street frontage 30 square feet per banner or freestanding sign Must be located on the site of the seasonal sales event. Limited to the period of fime specified in the Temporary Seasonal Sales Location Permit. Any P jblic Privati! with a Event; C.M.C 8.17) or Property Special Permit (See Chapter Banner or limited to the 50 square feet Freestanding Signs in the Special Events Permit. Limited to the sizes specified in the Special Events Limited to the locafions specified Permit. in the Special Events Permit. t"^ri V^itc Property' Must be located on Limited to the time specified in the Special Events Permit. the site of the special event. Comn unity Event at Pub lic Parks/ Recre< fional Facilities Banner or Freestanding Signs See-Pursuant to adopted citv council policy regarding s^ignsifft^r- on city l^il^lie ^property Limited to the duration ofthe event. (Ord. NS 811 § 3, 2006: Ord. NS 606 § 1 (part), 2001) 21.41.110 Construction and maintenance. A. A. Construction. 1. ___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. B. B; Maintenance. 1. Every sign and all parts, portions and materials shall be maintained and kept in good repair. 2. The display surface of all signs shall be kept clean, neatiy painted and free from 33 EXHIBIT 11 rust, cracking, peeling, corrosion or other states of disrepair. (Ord.NS 606 § 1 (part), 2001) 21.41.120 Removal of signs. 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 publ4e-city property contrary to the city coimcil's policy, may be removed by any officer or employee ofthe city designated to do so by the community and economic dovolopment director without prior notice. Altematively, the city communitv and economic development director may issue a notice of nonconformance and give the sign ovmer and/or the property owner fifteen 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 city community and economic development director. Such written notice shall specify the nature ofthe 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 calendar days from the date of mailing the notice for permanent signs and not less than fifteen calendar days for temporary signs. D. Within ten days of the mailing of the notice, the permittee, owner or person in charge of the sign may request a hearing before the citv planner community and economic 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 days after mailing of notice. E. Upon receipt of a written request for a hearing, the city planner community and economic development director shall schedule a hearing and send a written notice by first class mail ofthe time, place and date for the hearing, which shall be no later than thirty 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 ofthe hearing. The city planner community and economic development director will notify the appellant of the decision to affirm, modify or revoke the order to remove or repair within ten days of the conclusion of the hearing; failure to give such notice of decision shall result in the withdrawal ofthe 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 city planner community and economic 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 ofthe sign who fails to pay such costs. Any costs, including attomey's fees, incurred by the city in collection of the costs shall be added to the amoimt of the debt. G. Every person billed may request a hearing regarding the accuracy of the amount billed. Following the hearing, the city planner community and economic development director shall, within ten days ofthe conclusion of the hearing, notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid. Nonpayment becomes a lien on the property. 34 ^1 EXHIBIT 11 (Ord. NS 606 § 1 (part), 2001) 21.41.125 Appeal of denial or revocation. A. Any person seeking to appeal a decision of the city planner community and oconomic 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 city planner no later than ten 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 city planner shall expeditiously schedule a hearing before the planning commission and notify the appellant, in writing, ofthe 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^ unless time is waived by the appellant. 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 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 days after the date of the notice ofthe decision. The city clerk shall then schedule a hearing before the city council, which shall be held within thirty 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 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 days ofthe conclusion of the hearing. Any person dissatisfied with the city council's decision may seek prompt judicial review pursuant to Calitomia law pursuant to Califomia Code of Civil Procedure Section 10918. (Ord.NS 606 § 1 (part), 2001) 21.41.130 Nonconforming signs. A^ Except for normal repair and maintenance and any modification required for NEC compliance, no nonconforming sign shall be expanded, stmcturally or electrically altered (not including a change in sign face or sign copy), moved or relocated, unless it is brought into conformance with all current provisions of this chapter. R 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 and or the requirements ofany applicable sign program. (Ord. NS 606 § 1 (part), 2001) 21.41.140 Remedies and penalties. Any sign, which has been properly removed under this chapter, may be retumed 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 retum of the sign removed, the community and economic development director, or his designeecity, is authorized to destroy or dispose ofthe removed sign 35 EXHIBIT 11 not earlier than thirty days after the removal of such sign. (Ord.NS 606 § 1 (part), 2001) 21.41.150 Violations. A. It is unlawful for any person to: 1. 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; 2. Install, mount, affix, create, erect, display or maintain any sign requiring a permit without such a permit; or 3. Fail to remove any sign which the city community de\'elQpmont director or designee has ordered to be removed for being in violation ofthis chapter. B. 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 any civil remedies provided by law, including injunctive relief, as to signs not in conformance with this chapter: 1. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter. 2. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions ofthis chapter. (Ord. NS 606 § 1 (part), 2001) 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. (Ord.NS 606 § 1 (part), 2001) 36 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 1 of 10 Policy No. Date Issued 65 Policy No. Date Issued 6/23/09 Effective Date IMMEDIATELY Cancellation Date UNTIL SUPERCEDED Supersedes No. 65. dated 3/4/08 Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File SECTION ONE: PROPRIETARY CAPACITY; CHANGES TO POLICY In adopting this policy, the City Council acts in its proprietary capacity as to Public Property within the City. This Policy Statement may be changed at a regular public meeting ofthe City Council. SECTION TWO: INTENT AS TO PUBLIC FORUM The City declares its intent that all Public Property in the City shall not function as a designated public forum, unless some specific portion of Public Property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any. SECTION THREE: SIGNS MUST BE PERMITTED OR EXEMPTED No party other than the City may post, mount or display a "sign," as defined in the sign ordinance, may be displayed on Public Property, unless a Public Property Sign Permit therefore has first been issued, or the subject sign is expressly exempted from the Public Property Sign Permit requirement by this Policy Resolution or another applicable Policy Resolution. For purposes of this provision, a "Public Property" means property, real or personal, in which the City of Carlsbad and/or the Carlsbad Redevelopment Agency holds the present right of present possession and control, as well as all public rights of way. All Public Property Sign Permits must be consistent with the policies stated herein. Any sign posted on Public Property within the City, contrary to the policies stated herein, may be summarily removed as a trespass and a nuisance by the City. SECTION FOUR: TEMPORARY POLITICAL, RELIGIOUS, LABOR PROTEST AND OTHER NONCOMMERCIAL SIGNS IN TRADITIONAL PUBLIC FORUM AREAS This section applies only when the Special Events Chapter ofthe Carlsbad Municipal Code does not. In areas qualifying as traditional public forums, such as city streets, city parks and public sidewalks, and the area immediately around the exterior of city hall, persons may display non-commercial message signs thereon without first obtaining a Public Property Sign Permit, provided that their sign display on Public Property conforms to all of the following: L The signs must be personally held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet ofthe sign at all times. 2. The signs may be displayed only during the time period of sunrise to sunset. 3. The maximum aggregate size of all signs held by a single person is 10 square feet. 4. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet. 9-00 CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 2 of 10 65 6/23/09 Policy No. Date Issued Effective Date IMMEDIATELY Cancellation Date UNTIL SUPERCEDED Supersedes No. 65. dated 3/4/08 Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File 5. The displayed signs may not be inflatable or air-activated. 6. In order to serve the City's interests in traffic flow and safety persons displaying signs under this section may not stand In any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. SECTION FIVE: PUBLIC PROPERTY SIGN PERMITS; APPLICATION FORMS AND PROCEDURES The Community Development Director shall prepare and make available to the public a form for Application for a Public Property Sign Permit (Permit), which shall, when fully approved, constitute a Permit and indicate the City's consent, in its proprietary capacity, for placement of a sign. The applicant for the permit must be the same person or entity who is to be the owner ofthe sign. The processing fee for each application, which shall not be refundable even if the application is denied, shall be the same as the fee for a sign permit under the sign ordinance. To each application form shall be attached a copy ofthis Policy Statement. The application form shall require the applicant to indicate that he or she has received a copy ofthis Policy Statement, and that they shall abide by its terms, as well as any special terms or conditions which may be stated on the Permit, and to abide by any new or different conditions which may be imposed on all permittees who are similarly situated. Any Public Property Sign Permit issued in error may be summarily revoked by any officer of the City, by simply informing the applicant of the nature of the error in issuance; any applicant whose permit is revoked as issued in error may, at any time thereafter, submit a new permit application which cures any deficiencies in the original application. The application fee shall apply separately to each new application. Applications which fully comply with the terms and conditions ofthis Policy Statement shall be duly issued. Applications which are denied, or permits which are revoked or suspended, may be appealed in the same manner as denials of sign permits, as described in the Sign Ordinance. SECTION SIX: EXEMPTIONS FROM PERMIT REQUIREMENT The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs erected by the City or another governmental unit; official notices required by law; signs placed by the City in furtherance of its governmental functions; signs allowable under Section Four ofthis Policy. SECTION SEVEN: PERMITS FOR A-FRAME SIGNS IN CARLSBAD VILLAGE REVIEW AREA, BEARING COMMERCIAL MESSAGES ONLY 1. INTENT AS TO PUBLIC FORUM The areas and times controlled by this section are designated to constitute a limited access, non-public forum which is strictly limited to commercial messages, and which is open only to those persons described in this CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 3 of 10 65 6/23/09 Policy No. Date Issued Effective Date IMMEDIATELY Cancellation Date UNTIL SUPERCEDED Supersedes No. 65. dated 3/4/08 Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File section and on the terms stated in this section. 2. WHERE A-FRAMES MAY BE PLACED; PHYSICAL STANDARDS " A-Frame" signs, as that term is defined in the sign ordinance, may be placed in particular portions of the public right-of-way, within the Carlsbad Village area only, namely, on the public sideway directly in front of the store or other establishment displaying the sign. Such signs may have no more than 2 display faces, every display face shall be a flat, smooth surface, and remain completely free of dangerous protrusions such as tacks, nails or wires however, cutouts of any shape are allowed. Sign faces shall be back to back. No banners, ribbons, streamers, balloons, or attachments of any kind may be affixed to the sign. The sign may not use any moving parts or include a display face which is hinged or which othenA/ise swings or hangs from a frame. No glass, breakable materials or illumination is allowed. The signs shall be physically stable and balanced flat on the sidewalk. The sign must be self- supporting, stable and weighted or constructed to withstand overturning by wind or contact. All such signs may be placed in the permitted space on the public right-of-way only when the retail establishment is actually open for business. The sign must be placed on the public sideway in a manner which maintains a clear pedestrian area of at least five (5) feet over the entire length of the sidewalk in front of the business and be located directly in front ofthe business which owns the sign. Each display face shall have a maximum area of 15 square feet, and shall not exceed 5 feet in height or 3 feet in width. Changeable text area of the sign may not exceed 50% of the display face. No such sign may have special illumination and the display portion may have no parts which move, flash, blink or fluoresce. Fluorescent or "day glow" colors are not allowed. No paper or non-rigid changeable text areas are allowed. The sign shall not be permanently affixed to any object, structure, or the ground, including utility poles, light poles, trees or other plants, or any merchandise of products displayed outside permanent buildings. At no time may the sign be placed In the street or in any position which impedes the smooth and safe flow of vehicular and pedestrian traffic, or which interferes with driver or pedestrian sight lines or comer clear zone requirements as specified by the City. No sign shall be placed in such a manner as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape or access for persons with disabilities. Signs shall not obscure or interfere with the effectiveness of any official notice or public safety device. Signs shall not simulate in color or design a traffic sign or signal, or make use of words, symbols, or characters in such a manner as may confuse pedestrians or drivers. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 4 of 10 65 6/23/09 Policy No. Date Issued Effective Date IMMEDIATELY Cancellation Date UNTIL SUPERCEDED Supersedes No. 65. dated 3/4/08 Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File Every sign and all parts thereof shall be kept in good repair. The display surface shall be kept clean, neatly painted, and free from dust, rust and corrosion. Any cracked, broken surfaces, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced or removed within 30 days following notice by the City. The copy on the sign must be strictly of a commercial nature, must not include copy or messages pertaining to "noncommercial speech" as that term is defined in the Sign Ordinance, and must refer or pertain to goods, activities or services which are actually available in the subject store at the time the sign is displayed. 3. WHO MAY DISPLAY AN A-FRAME SIGN IN THE VILLAGE REVIEW AREA The A-Frame Signs allowed by this section may be displayed only by the operators of a business within the Village Review Zone, who hold a currently valid City business license, who are not currently in violation of any ofthe zoning, land use, environmental or business regulatory laws, rules or policies ofthe City. Each eligible business location is allowed a maximum of one A-Frame sign. However, when a business is located within a business arcade or courtyard area, in which case only one "tenant directory" sign, which lists all of the businesses within the arcade or courtyard, is allowed. The display area of the permitted A-Frame sign shall not count as part of the total signage for the business, which is allowed under the Sign Ordinance. However, all existing building signage for a business must conform to the sign standards set forth within the Village Master Plan and Design Manual before a permit will be approved for a sign on the public sidewalk. 4. TRANSFER OF PERMIT The Permit attaches to the business at the location specified. If the business is sold or transferred, and remains at the same location, then the Permit shall automatically transfer to the new owner or transferee, who shall be bound to the terms and conditions ofthe original Permit. However, if the business which first obtained the Permit moves to a different location, or if the location is then taken by a new business, a new application and Permit shall be required. 5. TERM OF CONSENT INDICATED BY PERMIT; REVOCATION AND RENEWAL The Permit is revocable or cancelable at will by the City. However, the City will cancel a Permit without cause only when it does so to all permittees who are similarly situated. Any Permit may be revoked for noncompliance, 30 calendar days after notice of noncompliance remains uncured, or in the case of a noncompliance condition which constitutes a threat to the public health, safety or welfare, summarily. When a Permit is revoked, the owner ofthe sign must physically remove it from the public right of way within 24 hours of notice of revocation; upon failure to do so, the City may summarily remove the sign and hold it in storage ^0$ CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 5 of 10 Policy No. Date Issued 65 Policy No. Date Issued 6/23/09 Effective Date IMMEDIATELY Cannfillation Date UNTIL SUPERCEDED Supersedes No. 65. dated 3/4/08 Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File until all costs of removal and storage are paid by the sign owner, upon which condition the sign shall then be returned to its owner. There is no guarantee that the City will continue the policy stated herein. Permittees hold no expectation of renewal of any given Permit, acquire no vested right to continue displaying the sign on public land, and waive all claims of inverse condemnation (uncompensated taking of private property) as to the permitted sign, when they submit the original application. 6. TEMPORARY REMOVAL The City may give notice, by any reasonable means, that consent to display an A-frame is or shall be withdrawn temporarily so as to serve a more urgent or more important public need, such as, without limitation, dealing with a natural disaster, a traffic emergency, a temporary need to make more space available on the public right-of-way. a civil disturbance, a parade, an election, or other special event. In urgent situations, the City may summarily remove a permitted sign without notice, for a time sufficient to deal with the urgency. All permittees shall comply with all notices to temporarily remove the permitted signs, and to return them to display only in accordance with the City's directions. 7. INSURANCE AND INDEMNITY A Permit under this section will be issued only to an applicant who provides evidence of comprehensive general liability Insurance coverage, in a form satisfactory to the Housing and Redevelopment Director and the Risk Manager, which shall name the City and Carlsbad Redevelopment Agency as an additional insured and provide thirty-day notice of cancellation. The minimum liability coverage on such policy shall be one million dollars; such coverage shall apply to claims of personal Injury Including death, property damage and advertising injury. Application for a Permit shall constitute an agreement to hold harmless, defend and indemnify the City and Carlsbad Redevelopment Agency against all claims relating to property damage or personal injury, including death, which assert that the permitted sign played any legally significant role in the creation of the liability. 8. CANCELLATION OR MODIFICATION OR PROGRAM The City and/or Housing and Redevelopment Commission may, at any time and for any reason, cancel or modify this program allowing commercial A-Frame signs in the public right-of-way in the Village Review Area. SECTION EIGHT: REAL ESTATE FOR SALE "KIOSK" SIGNS IN PARTICULAR LOCATIONS 1. INTENT AS TO PUBLIC FORUM The City's intent as to this section is to designate a strictly limited public forum, which allows only the posting in convenient places of directional information regarding tract housing developments which are currently CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 6 of 10 65 6/23/09 Policy No. Date Issued Effective Date IMMEDIATELY Cancellation Date UNTIL SUPERCEDED Supersedes No. 65. dated 3/4/08 Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File selling homes located within the City. 2. KIOSK SIGNS FOR NEW TRACT HOUSING DEVELOPMENTS Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height, 7 feet in width, which contain modular information strips, not exceeding 10 inches in height, 6 feet in width, providing information about tract housing developments (of more than 4 units) which are currently selling new homes located within the City. Such signs may display only the following information: the name of the development, developer and/or marketer thereof, and the direction to the development from the sign. Each kiosk will have "City of Carlsbad" and the city logo displayed in a prominent location on the sign. One kiosk design will be utilized throughout the city. This kiosk design is on file in the Planning Department. All tract housing development signs mounted on the kiosks shall be the same design and shall be white wood with black reflective lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be all upper case letters not more than 6 inches in height. Individual tract housing development directional signs shall be approved by the Planning Director prior to mounting on a kiosk to ensure compliance with this section. In no case shall a sign be mounted on a kiosk before building permits have been issued for the model homes. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved. Further, no other off-site directional signing may be used such as posters, trailer signs or temporary subdivision directional signs. Any sign placed contrary to the provisions of this section may be removed by the city without prior notice. Each approved tract housing development may have up to a maximum of 8 directional signs. Upon approval by the Planning Director, directional signs shall be permitted until the homes within the housing development are sold or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted by the Planning Director. A neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising the housing development anywhere in the City. If any advertising signs are erected and not promptly removed upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no refund given. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 7 of 10 65 6/23/09 Policy No. Date Issued Effective Date IMMEDIATELY Cancellation Date UNTIL SUPERCEDED Supersedes No. 65. dated 3/4/08 Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File 3. PRIVATE CONTRACTOR FOR MANAGEMENT OF THE KIOSKS The City may enter into a contract with a private contractor to design, erect, modify, replace, maintain and manage the kiosk signs allowed by this section. Such contract must be approved by the City Council, and may require that the contractor pay to the City a rent or royalty on advertising revenues. All the terms of said contract, and all payments to the City hereunder, shall be public information. 4. INSURANCE REQUIREMENT In the event the City selects a private party contractor to manage the kiosks, the City may require the private party contractor to provide evidence of comprehensive general liability insurance coverage, in a form satisfactory to the Community Development Director, which shall name the City as an additional insured, and provide 30-day notice to the City of cancellation. The minimum liability coverage on such policy shall be one million dollars. Any private party contract must include a provision for the contractor to hold harmless, defend and indemnify the City against all claims relating to property damage or personal injury. Including death, which assert that the kiosk sign played any legally significant role in the creation of the liability. 5. ALLOWABLE LOCATIONS The kiosks allowed by this section may be located only as shown on Attachment A. SECTION NINE: TEMPORARY POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY DURING CAMPAIGN PERIODS 1. INTENT AS TO PUBLIC FORUM In this section only, the City's intent is to designate a public forum which is available only at limited times and places for sign expression on political and other noncommercial topics, absolutely without favoritism as to any speaker, topic or point of view. The display opportunities afforded by this section are in addition to those in the Sign Ordinance which allow noncommercial speech at all times. 2. TEMPORARY CAMPAIGN SIGN PERMIT; APPLICATION FORMS AND PROCEDURES The procedure for the approval of a temporary campaign sign permit js as follows: The zoning enforcement officer shall notify candidates and/or their state/local campaign committee chairpersons for national, state, local or county office and chairpersons of campaign committees for or against any measure appearing on the ballot for a statewide, local or county election ofthe temporary campaign sign requirements as provided herein. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 8 of 10 65 6/23/09 Policy No. Date Issued Effective Date IMMEDIATELY Cancellation Date UNTIL SUPERCEDED Supersedes No. 65. dated 3/4/08 Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File Prior to the posting of any temporary campaign signs, the candidate, the chairperson of a campaign committee or any other person designated by the candidate or chairperson who is responsible for the posting of said sign, shall obtain a temporary campaign sign permit. The permit, on a form prescribed by the community development director or his designee, shall include the name, address and phone number of the candidate or campaign chairperson and any person responsible for the posting of signs. The permit shall be signed by the candidate, chairperson or person responsible for the posting of the signs. A nonrefundable processing fee, in an amount established by City Council, shall be paid at the time the application for the permit is made. The fee shall be used to defray the cost of issuing the permit and administering. These fees apply to all signs, which may be displayed under this section for the relevant period, and shall not be assessed on a per sign basis. A refundable deposit, in an amount established by City Council, shall be paid at the time the permit is issued. This deposit shall be refunded to the permittee within 5 days after the removal of the permittee's temporary campaign sign or signs. If the permittee does not remove the signs they may be removed by the Community Development Director or designee without further notice. The deposit may be used to defray the cost of removal. The Community Development Director or designee may also charge any expense incurred hereunder to the permittee. Any candidate or campaign committee which is able to show financial inability to pay the refundable deposit may request a waiver from the City Council. The Community Development Director or designee is authorized, after giving 2 days written notice to the person or persons who signed the sign permit, to remove any temporary campaign signs that do not conform to the standards herein provided. The cost of such removal may be charged to the permittee. 3. TIME PERIOD The signs allowable under this section may be displayed only during the period of time 20 days proceeding and 10 days following a general, special or primary election. All political and other noncommercial message signs must be removed from public property, by the permittee or his/her designee, not more than 10 days after the election. 4. LOCATIONS This section allows the display of signs expressing political or other noncommercial messages. The signs allowable under this section may be placed in the public right-of-way adjacent to a public street in CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 9 of 10 65 6/23/09 Policy No. Date Issued Effective Date IMMEDIATELY Cancellation Date UNTIL SUPERCEDED Supersedes No. 65. dated 3/4/08 Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File commercially or industrially zoned areas or in residentially zoned areas along prime or major arterials as shown in the Circulation Element ofthe General Plan. 5. PERSONS WHO MAY RECEIVE A PERMIT UNDER THIS SECTION Any person who will abide by the terms and conditions ofthis section may receive a permit. Removal, defacement, alteration, obliteration, destruction or tampering with signs permitted under this policy without the permission of the owner is prohibited. Such signs may not be placed in such a manner as to obscure or cover, in whole or in part, any other sign permitted under this section. 6. PHYSICAL REQUIREMENTS Signs which are allowable under this section may not exceed 6 square feet in display area, must be made of materials and construction methods to withstand normal weather conditions for the period of display, and mounted in such a manner that they will not be blown away or dislodged by normal weather and climate conditions for the area. Each sign must be mounted at least 1 foot above grade, and no higher than 6 feet above the grade. Permitted signs may not be specially illuminated. No sign shall be: attached to any utility pole, bus bench, pole or structure supporting a traffic control sign or device, or hydrant. • placed on any tree or shrub by any nail, tack, spike or other method which will cause physical harm to the tree or shrub. • placed in such a manner as to obstruct the public use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a hazard to persons using the public road right-of-way. • placed in the roadway or on the sidewalk. • placed in the portion of the public right-of-way or easement past the sidewalk without the consent of the adjoining property owner or person in possession if different than the owner. 7. REMOVAL OF NONCONFORMING SIGNS Signs which do not conform to this section or any permit issued under this section shall be summarily removed by the City upon discovery of the nonconformance. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Signs on Public Property Specific Subject: Page 10 of 10 Policy No. Date Issued 65 Policy No. Date Issued 6/23/09 Effective Date IMMEDIATELY Cancellation Date UNTIL SUPERCEDED Supersedes No. 65. dated 3/4/08 Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File SECTION TEN: SIGNAGE ASSOCIATED WITH SPECIAL EVENTS When the City allows a special event, the Special Event Committee shali approve the location, number, duration of posting and content for "Road Closure Notification" and "Traffic Control/Directional" signs as described in the Carlsbad Municipal Code. The Special Event Committee shall approve the location and duration of posting for "Promotional" signs as described in the Carlsbad Municipal Code. Signs within the venue shall conform to size requirement and may only be posted during the time authorized in the Special Event Permit. SECTION ELEVEN: LAMP POST BANNERS City-owned lamp posts are reserved for the exclusive use of the City and the Redevelopment Agency to display its own messages and images. The specifics regarding the use of such space for display of banners is delegated to the City Manager or designee, who may detail such specifics in administrative directives. Banners may be installed by the Carlsbad Redevelopment Agency and/or City of Carlsbad on selected light standards and/or traffic signals within the City. These banners shall be for the advertisement and/or promotion of events and/or programs which are officially sponsored or co-sponsored and financially supported by the Carlsbad Redevelopment Agency and/or the City of Carlsbad. The banners shall not include any commercial advertisement for any individual business or private, non-city organization. Morgen Fry Subject: FW: Sign Ordinance / 8-27-13 Council Meeting • /AH iHeceive - Agenda Item # ^ For tiie Information of the: Importance: High CITY COUNCIL ACM vi CA _Vl CC Vl^ Date W^City Manager i^ir^ From: Jim Scully fmailto:iscul@roadrunner.com] Sent: Monday, August 26, 2013 8:16 AM To: Council Internet Email Subject: Sign Ordinance / 8-27-13 Council Meeting August 26,2013 To Mayor and City Council Members: I would like to address the sign ordinance agenda item that is coming before you this Tuesday. I wanted to state my strong objection to approval of any sign ordinance that includes electronic or digital signs. As a resident of Carlsbad for over 13 year I have enjoyed the beautiful landscape that the entire city has to offer. If you allow any large electronic or digital signs, it would change the feel of Carlsbad for years to come. I fully understand the need to support local businesses that generate significant revenue to support the operation of the City, however this is not proper mechanism. It is my understanding that numerous auto dealers are lobbying the city for this type of sign to be installed in Car Country Carlsbad. Based upon my personal experience with numerous local dealerships, I do not believe that their problem is getting people in the door, but rather the motivation to remain price competitive. I have purchased two different vehicles in the last three years and have had bad experiences with the Carlsbad dealers, despite the fact that I would have preferred to buy local. I ultimately purchased the vehicles from out of city dealers. Both dealers stated that due to the demand for their vehicles they did not need to match the competition. I also have numerous neighbors that purchased vehicles in the past year and experienced the exact same response. We aii know the the primary search for a new car begins with the internet, not a large sign visible from the interstate. All I have read in the last six months indicates that cars sales are up substantially from prior years and continues to improve and are now exceeding prerecession levels. Again, I strongly urge you not to approve any digital or electronic signs. If this is approved it will not stop with one or two signs and will end up being a bad decision that the residents must live with forever. You have exhibited strong leadership in the past that had made Carlsbad a very desirable place to live and work. Do not stray from that vision. Lastly, it should be noted that most other north county cities have rejected this type of sign, let's not be the first to do so. Sincerely, Jim Scully Calliandra Rd Carlsbad, CA LSBAD CHAMBER OF COMMERCE August 27, 2013 Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: ZCA 11-03/LCPA 11-04 - Sign Ordinance Amendment Dear Councilmembers: On April 17^^ of this year the Chamber sent the Planning Commission a letter in support of staffs proposed changes to sign ordinance. We believe that staff did a great job on balancing the needs of the business community and the City's concerns about a potential proliferation of signs. After a detailed review ofthe proposed revisions to the sign ordinance; the Commission made two changes to staffs recommendation which the Chamber cannot support. First the Commission reduced the number of signs on buildings over 50,000 square feet in size. The Chamber believes that the ability for larger buildings to have a greater number of signs and is a reasonable proposal and will make it easier to locate buildings within Carlsbad's business parks. Many of the larger buildings have more than one occupant and need the ability for the major tenants to have a visible sign on the building. Staffs original proposal was a fair and equitable solution which is especially relevant to large buildings that have more than one tenant. The Chamber would also like to go on record supporting staffs original proposal to allow electronic message board signs at regional commercial centers with a Regional Commercial General Plan designation that have frontage on a freeway (1-5 or SR 78). We believe that these signs bring business into these locations and allow them to compete with regional commercial centers in other jurisdictions. These types of signs advertise regional commercial facilities throughout the State and we believe that they should also be allowed on a limited basis in Carlsbad. In conclusion, the Chamber recommends thatthe Council approve the sign ordinance as presented, but support staffs original recommendation in regards to the number of signs on large buildings in the industrial/office areas and the ability for the City Council to consider on a case by case basis electronic signs for sites wttKa Regional Commercial designation. CC John Coates City Clerk Celia Brewer Chris DeCerbo 5934 Priestly Drive • Carlsbad, California 92008 Phone: (760) 931-8400 • Fax: (760) 931-9153 • E-mail: chamber@carlsbad.org • Web: ww.carlsbad.org ACCREDITED mm^m m Heceive - Agenda tte. ^^'^ Jfcv m m m m ^or the tnfermation of the: CITY COUNCIL ELECTRA-MEDIA, INC. 4737 West 156th Street • Lawndale, CA 90260 ^'^^ Man^csr Phone:310-725-0816 Fax: 310-725-0817 TO: Andi Dykes DATE: 8/22/13 FROIVI: Rod Wilson REGARDING: Carlsbad Car Country Digital Freeway Sign Andi, Per the City Council members request please find 7 packets to be distributed upon receipt (8/23/13) to each ofthe Councilmen, the Mayor, City Manager, and Assistant City Manager. Please call if any questions. Regards Rod Wilson JOHN MUSE & ASSOCIATES, INC. 8685 Merced Circle, 1018C Huntington Beach, CA 92646 August 19, 2013 A dual-sided, light emitting diode (LED) (for definitions, see Appendix A), approximately 25 feet wide and 25 feet high, has been proposed to replace the existing sign along the Interstate 5 Freeway in Carlsbad, California, as shown in Appendix B. The potential brightness ofthe new sign, at fuil power, would be 6320 nits (candela per square meter). However, during the daytime, the power would be a maximum of 85 percent (creating 5372 nits), and at night, the power would be a maximum of 15 percent (creating 948 nits). The LEDs would have a 140 degree horizontal cutoff angle, and a 70 degree vertical cutoff angle. As detailed in Appendix C, the maximum night time illuminance, for the closest residential and residential and commercial locations would be as follows: Location Land Use Distance Maximum Illuminance South Commercial 380 0.09 footcandles South Residential 1220 0.01 footcandles Appendix D shows a 600 foot radius. Additional maximum night time Illuminance In the area would be as follows: 116 foot radius circle 1.0 footcandles 164 foot radius circle 0.5 footcandles 260 foot radius circle 0.2 footcandles The level of illumination on a stairway is normally required to be an average of 1.0 footcandles minimum. The level of illumination in a normal mall parking lot is often more than 3.0 footcandles. The dimming controls and the capability of morphing one image into another will reduce the impact on the surrounding area. Although there are no absolute national standards for the maximum night time illuminance above ambient light levels, Carlsbad uses a maximum of 0.3 footcandles for all areas. Some cities use 0.3 for residential areas, 2.0 footcandles for commercial areas and 1.0 footcandles for other areas. The 0.3 level provides for a reasonable balance between the needs ofthe surrounding property owners, sign provider and governmental agency. Since the sign is adjacent to the Interstate 5 Freeway, the sign will comply with all California Department of Transportation (Caltrans) requirements, such as having static frame images, four second minimum frame display times, etc. Therefore, based on the information available to date, from a level of illumination and light pollution standpoint, the proposed sign would not cause excessive illumination or light pollution. Respectfully submitted, JOHN MUSE 8t ASSOCIATES, INC. John E. Muse, P.E. APPENDIX A DEFINITIONS LED-Light-ennit±lng diode, a semiconductor diode that glows when a voltage is applied. Nits-A unit of measurement of luminance, or the Intensity of visible light, where one nit is equal to one candela per square meter. Candela-The SI (metric) base unit of luminous Intensity; that is, power emitted by a light source in a particular direction, weighted by the luminosity function (a standardized model of the sensitivity of the human eye to different wavelengths, also known as the luminous efficiency function). A common candle emits light with a luminous intensity of roughly one candela. Illuminance-The measure of Incident light: the amount of light, evaluated according to its capacity to produce visual stimulation, that reaches a unit of surface area during a unit of time. Footcandle-A unit of illuminance on a surface that Is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot. Lumen-The unit of luminous flux in the International System, equal to the amount of light given out through a solid angle by a source of one candela intensity radiating equally In all directions. Light pollution-The excessive or obtrusive addition of artificial light to an area. LED DISPLAY SPECIFICATIONS: 20 mm 368 x 368 matrix Cabinet: 25'-6" x 25'-5.3" Active Area: 24'-11" x 24 -11" IDENTIFICATION: Aluminum panel, painted texcote finish. Illuminated channel letters for copy DECORATIVE FILIGREE: 1" thick flat cut-out, mounted flush to pole cover POLE COVERS: Heavy gauge aluminum, painted v/ith texcote finish BASES: Steel framing vrith backerboard and stone veneer (exact stone to be determined) UP-LIGHTS: Lighting fixtures to externally illuminate base, pole cover, and filigree NEW DOUBLE FACE ILLUMINATED PYLON SIGN WITH FULL COLOR LED DISPLAY SCALE: 1 /8" = 1-0" EUECTRA-MEKHA. IHC LAWNDALE - CAUFORNIA Phona Number: (310)725-0816 YESCO CUnVT INPDRMATION Addntt: Cvmon RoKl S, P.SKD.INom, CvlstMt, CA CUSraMER APPROVAL U *CCB^OWITHNOCH*»«S • iCCB^EOWmiCMAMOfSiS n—i PRODUCTION APPHOVAI. cteirisn 804793-2 Sheet 1 of 1 ••.yfKO. a.. WW »>. « Of I IRuminafion Calo^Uons Car Countty Cartsbad Sign LED Sign Width 24.92 Feet = 7.60 IVIetefs LED Sign Heighl 24.92 Feet = 7.60 Meters Elevation of Sign Base 100.00 Feet, Used 30.48 Meters Top of LEO Sign, Distance Above Ground 92.67 Feet 19,10 Meters Sign Oulput-Maximuni S320.00 Nit = 6320.00 CandeHa/Sq Meter Daytime Power Percentage 86.00% Ni^ Power Percentage 16.00% Cutoff Angle-Horizontal 140.00 Degrees = 0.78 Semi-sphere Coverage Cutoff Angle-Verftal Upward 36.00 Degrees cosOppAng = 0,57358 tan Opp Ang = Cutoff Angte-Vertical Downward 36.00 Degrees cos Opp Ang = 0,57358 tan Opp Ang = LED Spacing 20 mm-C/C Distance 1 380.00 Feet = 115.82 Meters Commercial Bldg. to South Distance 2 460.00 Feet 140.21 Meters Commercial Sdg, to North Distance 3 1220.00 Feet = 371.86 Meters Residential Home to South Distance 4 1280.IM} Feet = 390.14 Meters Residential Home to North Distance 5 116.00 Feet = 35,36 Meters IWuminalion = 1,0 Distance 6 164.00 Feet = 49.99 Meters munition = 0,5 Distance 7 260.00 Feet = 79.25 Meters Hllumination = 0.2 300 Feet 600.00 Feet 152,40 Meters 500 Feet 500 Feet 1000.00 Feet = 304.80 Meters 1000 Feet Calculate Pi 3.141692664 Area of Sign 621.01 Sq Feet = 67.69 Sq Meters Elevation of Top of LED Screen 162.67 Feet 49.68 Meters Center of LED Sign, Distance Above Ground 60.21 Feet = 16.30 Meters Maximum Sign Ou^ut, Day 6372.00 Nit = 309928.86 Candela Maximum Sign Output, Night 948.00 Nit = 64693.33 Candela Night Output 64693.33 Lumens Variability Multiplication Factor 1.20 1.20 Area Sphere Dist 1 1,814,683.92 Sq Feet = 168,580,36 Sq Meters Commercial Bldg. to South Area Hemi-Sphere Dist 1 907,291.96 Sq Feet 84,290.18 Sq Meters Night Illumination At Dist 1 0.0776 Footcandles 0.8343 Lux 1.20 Value 0.09 Area Sphere Dist 2 2,669,044.02 Sq Feet 247,033,27 Sq Meters Commercial Bldg. to North Area (Hemi-Sphere Dist 2 1,329,622.01 Sq Feet 123,516.64 Sq Meters Night Illumination At Dist 2 0.0629 Footcandles 0,5693 Lux 1.20 Value 0.06 Area Sphere Dist 3 18,703,786.02 Sq Feet 1,737,638.58 Sq Meters Residential Home to South Area Hemi-Sphere Dist 3 9,361,893.01 Sq Feet 868,819,29 Sq Meters Night Illumination At Dist 3 0.0076 Footcandles = 0.0809 Lux 1,20 Value 0.01 Area Sphere Dist 4 20,688,741.61 Sq Feet 1,912,756.69 Sq Meters Residential Home to North Area Hemi-Sphere Dist 4 10,294,370.81 Sq Feet = 956,378.34 Sq Meters Night Illumination At Dist 4 0.0068 Footcandles 0,0735 Lux 1.20 Value 0,01 Area Sphere Dist 5 169,093.08 Sq Feet 15,709,26 Sq Meters Hllumination = 1.0 Area Hemi-Sphere Dist 5 84,646,64 Sq Feet = 7,854.63 Sq Meters Night Illumination At Dist 5 0.8317 Footcandles 8.9527 Lux 1,20 Value 1.00 Ground Area Affected 32879.21 Sq Feet = 0.75 Acres SR 78 Area Affected 79636.62 Sq Feet = 1,83 Acres Net Area Affected •46666.31 Sq Feet = -1,07 Acres Area Sphere at Disl 6 337,986.10 Sq Feet = 31,399.84 Sq Meters Hllumination = 0,5 Area Hemi-Sphere Dist 6 168,992.66 Sq Feet 15,699,92 Sq Meters Night Illumination At Dist 6 0.4161 Footcandles 4.4790 Lux 1,20 Value 0.60 Area Sphere at Dist 7 849,486.66 Sq Feet 78,919.89 Sq Meters Wlumination = 0,2 Area Hemi-Sphere Dist 7 424.743.33 Sq Feet = 39,459,95 Sq Meters Night Illumination At Dist 7 0.1666 Footcandles 1.7821 Lux 1.20 Value 0.20 Area Sphere at 300 feet 3,141,692.66 Sq Feet 291,863.51 Sq Meters 500 Feet Area Hemi-Sphere 300 Feet 1,670,796.33 Sq Feet 145,931,75 Sq Meters Night Illumination At 300 Ft 0.0448 Footcandles 0,4819 Lux 1,20 Value 0.06 Area Sphere at 500 feet 12,868,370.61 Sq Feet 1,167,464,03 Sq Meiers 1000 Feet Area Hemi-Sphere 500 Feet 6,283,186.31 Sq Feet 583.727.02 Sq Meters Night Illumination At 500 Ft 0.0112 Footcandles 0,1205 Lux 1,20 Value 0.01 1,428148007 1,428148007 APPENDIX C 0 \ % HYATT houw San Diego/Cartsbad Q William J King Residential Mgpa Afchiture Area Pow Hofse Poti«fy Mprtia Toyota Caflsbad ^k)r1h Cowity Hyi«idator A Cartsbad Bob Baker Mazda Bob Airtoi • Hoehn Mi>t.r> Bob Baker FUH Jockey Store > A' Lud(y Brand ^ 6 Beilefleur M ^1 StAway & F'acSun RoadRunner ^ M«pd«ta«2013GooQii- Edit in Ooogl* ^ Carlsbad Car Country Sign Location Carlsbad Car Country LED Freeway Display 24 Makes and Models ABOVE AND BEYOND EMI fcLECTRA-MCpiA, JNC. l£0 DISPLAY SPECIFICATIONS 20 rr^. m n .368 n^Mm IDENTIFICATION 'turf.!.-11, rn - IJECOKATIVE f ILIGHEE POLE COVERS NEW DOUBLE FACE ILLUMINATED PYLON SIGN WITH FULL COLOR LED DISPLAV SCALE 25'-5 1/2" PLAN VIEW SCALE • H PPOOUCTION ABPBOVAL D»«8n 804793-3 Southbound 5 Freeway - #1 EMI KUSCTKA-MePIA, SNC CUeWT intFOPMATION NOTtD : Cai7;ia l Kcny 4CC<PTS0 WITH Cl^iU^a*^ PftOOUCTION APPPOVAL 804793-3 Sheet Southbound 5 Freeway - #2 EMI etECTFiA'lUlePIA, INC. CUBWT (NPOfWlAATimi CUSTOMER APPROVAL D WiTH MO CMA«C«« PPOOUCTIOM APPPOVAt 804793-3 .?ni3 EMI EI..BCTRA..MeOIA, INC. 1 „. . "1 ( " t 1 ' CUENT IMFOHMATiaN NOrfO I 06.i|7p|I ; K.fty CUSTOMBR APPROVAL PBODUCTfON APPROVAL Northbound 5 Freetway - #1 Oeeign 804793-3 Shmmt . • YttCO - . 1-2013 EMI CLECTIM-WIEOIA. INC:. NOTtO ; (Sa; 7/13 : Ka»y CUBTOMCR APPROVAL PPOOUCrtON APPROVAL Northbound 5 Freeway • #2 otmign 804793-3 Vt5CC> 3KMRE tte .?ni3 .P,BO)WETia«APP«pVAi^^ ;! Sheet :i ryorthbound 5 Freeway #2 ieij.s-Toiviep .APPPovAt ipPlQDUBTiaM APPROVAL rassign 804793-S Sheet Northbound 5 Freeway • #2 Sign Comparison Highlight Ontario Auto Center vs. Carlsbad Car Country - Ontario Auto Center Large Sign • LED Screen Is 29' x 29' • Overall Height of sign is 80' - Carlsbad Car Country Proposed Sign • LED Screen is 25' x 25' • Overall Height of sign is 64'6" Videos: Ontario Auto Center Sign IMG_1149[1] North.MOV IMG 1150[1] South.MOV Northbound Southbound Caltrans Regulations The Carlsbad Car Country sign will operate according to the Caltrans regulations: - No video. - No motion. - Each frame remains static on display for 6 sec. - No blanks between frames, each frame morphs into next frame. Light Study Brightness: Daytime 85% max, Nighttime 15% max - Dimming controlled by a photocell based on ambient light throughout the day. - No halo, no glare with 0% to 100% dimming capability. Standard illumination: 0.3 footcandles _ Commercial Illuminance will be 0.09 footcandles at a distance of 380 feet. - Residential Illuminance will be 0.01 footcandles at a distance of 1220 feet. Conclusion: The proposed Carlsbad sign would not cause excessive illumination or light pollution. Recent Installations LED Freeway Signs have been proven to increase sales by 12-16%. Also, support Cities by allowing 10-20% of the time on the LED screen to display public service messages equally divided throughout the hours of operation. Examples: Ontario Auto Center Riverside Auto Center Lexus of Escondido Huntington Beach Blvd of Cars Buena Park Auto Center BUENA PARK Carlsbad Financial Review An increase in revenue of 12-16% in Carlsbad would equate to the following: - Additional sale of 3,600 cars per year (Based on a 12% increase of current car sales of 30,000 per year). - An additional $720,000 dollars per year for the City of Carlsbad in tax revenue generated by Car Country (Based on 12% of an estimated $6,000,000 tax base the City receives from the dealers at Car Country annually). ^ CARLSBAD CITY OF Memorandum August 26, 2013 To: From: Via Re: City Council Chris DeCerbo, Principal Planner Don Neu, City Planner Errata Sheet for Agenda Bill - Sign Ordinance Amendment (ZCA 11-03/LCPA 11- 04/MCA 13-01) This is an errata sheet for the Sign Ordinance Amendment (ZCA 11-03/LCPA 11-04/MCA 13-01). The reasons for each proposed revision is included below and the specific revisions are shown in a strike-out and underline format. 1. Revise Section 21.41.025.A.l.b.to delete reference to City Council Policy No. 65, that is proposed to be rescinded. b. In the case of city property, the owner's consent shall be pursuant to other provisions ofthe Carlsbad Municipal Code a policv adopted by tho city council. 2. Revise Section 21.41.030.A.18.to delete reference to City Council Policy No. 65,that is proposed to be rescinded. 18. Signs erected on or over city property including public easements and public rights- of-way, except those needed for traffic and public safety regulation and those erected pursuant to other provisions of the Carlsbad Municipal Code adopted city council policy rognrding nignr. on city property; 3. Revise Table A - Section 21.41.040 to correct errors and omissions for Address Signs and Campaign Signs as follows: Table A Signs on Private Property not Requiring a Sign Permit Description of Type of Sign Maximum Maximum Sign Maximum Sign/ Additional Sign Sign Number of Area Letter Height Standards-See Signs Sections 21.41.070- 21.41.090 and those Usted below Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax Mr./Ms. Last name Date Page 2 Address Sign Wall 1 per building 6 square feet per sign. The minimum number height shall be: Residential - 4 inches and Nonresidential - 12 inches, unless the Fire Marshal requires a greater height. Additional Political and other Noncommercial Message Signs on private property during campaign periods Freestanding 2 square feet per residential unit. 2 square feet per nonresidential establishment 6 feet above average grade or 3.5 feet above average grade if in the front yard/—. 1. May be located on any private property, with owner's consent 2. Display time limited to 20 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 (10) days following such election. 3. This is in addition to the noncommercial messages allowed under the substitution provision and the noncommercial messages allowed at all times in on residential zones and nonresidential properties. 4. Revise Table B - Section 21.41.095 to address omissions for signs in the Public Utility (PU)zone. Table B Type of Development and/or Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Additional Sign Standards - See Sections 21.41.070- 21.41.090 and those listed below Mr./Ms. Last name Date Page 3 P-U zone Monument 1 per street frontage (2 signs maximum) 60 square feet per sign 6 feet above average grade/24 inches Primary project entrance or at other strategic location (See Note #1 below) Wall 1 per street frontage (2 signs maximum) 40 square feet per sign —/24 inches (See Note #6 below) 5. Revise Table C - Section 21.41.100 to delete reference to City Council Policy No. 65, that is proposed to be rescinded. Table C Temporary Signs Permitted By Type of Development and Zone With a Sign Permit Type of Development and Zone Type of Sign Maximum Number of Signs Maximum Sign Area Maximum Sign/Letter Height Location Remarks Community Event at Public Parks/ Recreational Facilities Pursuant to other provisions of the Carlsbad Municipal Code, adopted city council policy on city property 6. Revise Section 21.41.120.A. to delete reference to City Council Policy No. 65, that is proposed to be rescinded. 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 city property contrary to other provisions of the Carlsbad Municipal Code #ie-€l^ council's policy, may be removed by any officer or employee of the city designated to do so without prior notice. Alternatively, the city may issue a notice of nonconformance and give the sign owner and/or the property owner fifteen days in which to cure the nonconformance. U-T SanDiego P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA} County of San Diego) The Undersigned, declares under penalty of p( under the laws of the State of California: Tha resident of the County of San Diego. That she times herein mentioned was a citizen of the United States, o\ of twenty-one years, and that he is not a party to, nor interest above entitled matter; that he is Chief Clerk for the publishei The San Diego Union-Tribune - North a newspaper of general circulation , printed and published City of San Diego, County of San Diego, and which published for the dissemination of local news and Intel general character, and which newspaper at all the mentioned had and still has a bona fide subscription li sub.scribers, and which newspaper has been established published at regular intervals in the said City of San Dieg San Diego, for a period exceeding one year next precedin publication of the notice hereinafter referred to, and which not devoted to nor published for the interests, ente instruction of a particular class, profession, trade, call denomination, or any number of same; that the notice annexed is a printed copy, has been published in said accordance with the instructions of the person(s) requestir and not in any supplement thereof on the following dates. August 17'^ 2013 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califomia at 6-00 p.m. on Tuesday, August 27, 2013, to consider approving an amendment to the City of Carlsbad Sign Ordinance (ZCA 11-03) and an amendment to the Municipal Code to add a new Chapter 11.44, Private Party Signs on City Property (MCA 13-01), approving a Negative Declaration, approving a Local r^-. n •,Program Amendment (LCPA 11 -04) for consistency with ZCA 11 -03, rescinding Uty Council Policy No. 65 and approving new Modified Minor and Modified Regular Siqn Proqram Permit application fees. ^ Whereas, on April 17, 2013 the City of Carlsbad Planning Commission voted 5-1 (Montgomery) to recommend adoption of a Negative Declaration, and recommend approval of a Zone Code Aniendment and Local Coastal Program Amendment to repeal and reenact the City's Siqn Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) to: (1) incorporate revisions to address first amendment issues associated with the permitted regulation of non-commercial signage (2) fSy development standards, and (3) clarify the ordinance to make it more user Furthermore, the city is proposing to rescind City Council Policy No. 65, Signs on Public Property and add a new Chapter 11.44, Signs on City Property to the Carlsbad Municipal Code, Those persons wishing to speak on this proposal are cordially invited to attend the public hearinq copies of the agenda bill will be available on and after Friday, August 23, 2013 If you have anv questions, please contact Chris DeCerbo in the Planning Division at (760) 602-4611 or chris decerbo@carlsbadca.gov. If you challenge the Zone Code Amendment, Local Coastal Program Amendment and/or Municipal Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public heanng described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad CA 92008 at or prior to the public hearing. CASE FILE: ZCA 11 -03/LCPA 11 -04/MCA 13-01 CASE NAME: SIGN ORDINANCE AMENDMENT PUBLISH: August 17,2013 CITY OF CARLSBAD/CITY COUNCIL ^Chief Clerk for the Publisher Jane Allshouse I certify under penalty of perjury under the Laws of the State of California that the foregoing is true and correct, and that this affidavit is executed on August 19"^, 2013 in the City of Oceanside, California. NOTICE QF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califomia, at 6:00 p.m. on Tuesday, August 27, 2013, to consider approving an amendment to the City of Carlsbad Sign Ordinance (ZCA 11-03) and an amendment to the Municipal Code to add a new Chapter 11.44. Private Party Signs on City Property (MCA 13-01), approving a Negative Declaration, approving a Local Coastal Program Amendment (LCPA 11-04) for consistency with ZCA 11-03, rescinding City Council Policy No. 65 and approving new Modified Minor and Modified Regular Sign Program Pemiit application fees. Whereas, on April 17, 2013 the City of Carlsbad Planning Commission voted 5-1 (Montgomery) to recommend adoption of a Negative Declaration, and recommend approval of a Zone Code Amendment and Local Coastal Program Amendment to repeal and reenact the City's Sign Ordinance (Chapter 21.41 of the Carlsbad Municipal Code) to: (1) incorporate revisions to address first amendment issues associated with the pennitted regulation of non-commercial signage, (2) provide more flexible sign development standards, and (3) clarify the ordinance to make it more user friendly. Furthemiore, the city is proposing to rescind City Council Policy No. 65, Signs on Public Property, and add a new Chapter 11.44, Signs on City Property to the Carlsbad Municipal Code. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after Friday, August 23, 2013. If you have any questions, please contact Chris DeCerbo in the Planning Division at (760) 602-4611 or chris.decerbo(a)carlsbadca.gov. If you challenge the Zone Code Amendment, Local Coastal Program Amendment and/or Municipal Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 11-03/LCPA 11-04/MCA 13-01 CASE NAME: SIGN ORDINANCE AMENDMENT PUBLISH: August 17, 2013 CITY OF CARLSBAD/CITY COUNCIL AaaAV-w=i"uuif-i' CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 13p ui^ ainqseM e| f 28!|daH ap sues • SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 J3|ad f sstjse^ sdu^nbi),^ ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 I.P.UA SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 310 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH&WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION AHN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CtTY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 f wi^^pa dn-dod asodxa 1 oiauif 6uo(e puaa • @091S a;e|diuai ^AJBAV asn AadAV-ua"OU»"i' lueo-Aidi^fwiMM BARONA GROUP OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD U\KESIDE CA 92040 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 i ap u^edini|3ei| ei f zandau BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 CA DEPT OF TRANSPORTATION DISTRICT 11 - DIVISION OF PUNNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 ap suas BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CANNELISLANDS NATL PARK SUPERINTENDENTS OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTYOF SD SUPERVISOR RM335 1600 PACIFIC SANDIEGCCA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG POBOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZ DR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENV SERV DIV POBOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM 100 1220 NST SACRAMENTO CA 95814 DEPT OF JUSTICE DEPT OF ATTY GEN RM 700 110 WEST A ST SANDIEGCCA 92101 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 SANDAG EXEC DIRECTOR STE 800 1ST INTLPLZ401 BST SAN DIEGO CA 92101 STATE LANDS COMMISSION STE 1005 100 HOWEAV SACRAMENTO CA 958258202 DEPT OF FORESTRY ENVCOORD POBOX 944246 SACRAMENTO CA 942442460 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SD COUNTY PLANNING & LAND USE DEPT STE 310 5510 OVERLAND AVE SANDIEGCCA 921231239 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL17 SAN FRANCISCO CA 94103 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE 811 LOS ANGELES CA 90017 FEDERAL ENERGY REGULATORY COMMISSION 1001ST ST., STE 2300 SAN FRANCISCO CA 941053084 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SDGE 8315 CENTURY PARK CT SANDIEGCCA 92123 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECULA CA 92590 US FISH&WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 f WJL9^P3 dn-dod asodxa Ali3AV-O»"00«-t uioyAjdAewuwM dp U!|e ainqseii e| f zajidaij apsuas • WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 <8»ms(yudiaAV w^a6p3 dn-dod asodxa o^duu&uti^'puaa • ®091S ajeiduiai ®AjaAV esf sjaqei ^|aed Ase: Sign Ordinance Amendment ZCA 11-03/LCPA 11-04/MCA 13-01 Chris DeCerbo Sign Regulations 1.Sign Ordinance Amendment (ZCA 11-03/LCPA 11- 04) 2.Municipal Code Amendment to add a new Chapter 11.44 “Private Party Signs on City Property” (MCA 13-01) 3.Rescind City Council Policy #65 “Signs on Public Property” 4.Adoption of Minor and Regular Modified Sign Program Permit Application Fees City Council Policy No. 65 and New Chapter 11.44 – Private Party Signs on City Property •City Council Policy No. 65, Signs on Public Property, is proposed to be converted into a new Municipal Code, Chapter 11.44, Private Party Signs on City Property. •Recommended by the City Attorney’s Office for the specific purpose of giving this Policy the force of law. •With the adoption of new Chapter 11.44, Policy No. 65 will be rescinded. Sign Ordinance Amendment Background •The Sign Ordinance was last comprehensively amended in 2001. •Over the past 12+ years of implementation, a number of Sign Ordinance issue areas have been identified including: 1.Ordinance revisions required to be consistent with current constitutional case law, 2.Inadequate signage for larger sized (> 100,000 SF) nonresidential buildings, 3.Lack of flexibility for comprehensive sign programs, Sign Ordinance Amendment Background 3. Requests for digital signs from Westfield Carlsbad and Car Country Carlsbad, and 4. Requests from a variety of organizations to post way-finding signs within the public right-of-way to guide residents and visitors to destinations of public interest. •Staff discussed these Sign Ordinance issue areas at a workshop with the City Council on April 19, 2011. •The City Council directed staff to amend the Sign Ordinance and City Council Policy No. 65 to address the issue areas. Sign Ordinance Amendment Review •Proposed Amendments to the Sign Ordinance and City Council Policy No. 65: 1.Posted on the City’s website for comments (June 25, 2012), 2.Distributed to the development community and planning consultants for comments (June 25, 2012 – July 23, 2012), 3.Heard by the Planning Commission on November 21, 2012 and April 17, 2013. Constitutional Case Law Amendments •May regulate the “time, place and manner of construction” of a sign but may not regulate the signs message. •Noncommercial signage (i.e.; an ideological, political or noncommercial message) is allowed wherever commercial signage (i.e.; advertising) is allowed. •Allows noncommercial signs on private property at all times and more sign area during campaign season. Constitutional Case Law •Revision: Allows 8 SF of noncommercial signage on residential units and nonresidential establishments at all times and 2 additional SF of signage during campaign periods. Constitutional Case Law •Revision: Sign display time on private property during campaign periods reduced from 45 to 20 days. •New Municipal Code Chapter 11.44, Private Party Signs on City Property, continues to allow 20 days for campaign signs in the public right-of-way. Sign Standards Flexibility •Prolonged economic recession; •Requests from Carlsbad’s business community to increase sign area, letter height and permitted number of signs to more easily identify their businesses; •Larger (>100,000 SF) sized buildings; and •City’s desire to improve public way-finding and traffic safety by allowing for more visible and readable signs throughout the City. Life Tech >100,000 SF Life Tech >100,000 SF Isis > 100,000 SF SKLZ >100,000 SF Centerpoint Plaza >100,00 SF Sign Standards Flexibility •Increased signage for a variety of uses including residential projects, commercial centers, office and industrial buildings, hotels, resorts, professional care facilities, gas stations, movie theaters, government facilities, churches, private schools and public parks. Existing Sign Programs •Sign Program (SP) – A comprehensive sign plan that integrates signs for a project with buildings, circulation and landscaping to form a coordinated architectural statement and an aesthetically superior overall design. •Ministerial approval by the City Planner. •Sign Programs must comply with all of the Sign Ordinance regulations. •Sign programs may only vary from the regulations of the Sign Ordinance with approval of a variance. Modified Sign Program (MSP) •Allows projects to vary from sign standards. •Minor MSP: 1% – 15% increase in sign area, number or dimension. •Regular MSP: 15%+ - 30% increase in sign area, number or dimension. •In the absence of a Master or Specific Plan, a MSP may not allow signs that are otherwise prohibited by the Sign Ordinance. Modified Sign Program (MSP) •MSP’s would be discretionary permits. •Minor MSP – City Planner approval authority. •Regular MSP – Planning Commission approval authority. •Findings of Fact are required: –Consistent with the GP and LCP, –Must include factors unique to the site, building or sign ( i.e.; size, location, orientation and/or visibility). Why Sign Regulations? •Public Safety: Facilitate the safe and smooth flow of traffic by having readable signage to guide motorists and pedestrians to destinations. •Preserve Community Aesthetics: Prevent visual impacts that can result from excess signage. Sign Standards Flexibility •The proposed sign standards revisions continue to achieve a good balance between providing residents and businesses an adequate opportunity to communicate while maintaining the City’s aesthetic environment. Prohibited Signs •Commercial mascots •Feather banners •Sign Twirlers Real Estate Signs 4’x 4’=16 SF 4’x 8’=32 SF Digital Signs Digital Signs Digital Signs Digital Signs •Requests from Car Country Carlsbad and Westfield Carlsbad to allow digital signs. •Original staff recommendation: Allow digital signs at regional commercial centers with a Regional Commercial General Plan land use designation that have frontage on a freeway (I-5 or SR 78) subject to the approval of a CUP by the City Council. •The proposed standard would allow digital signs exclusively at Car Country Carlsbad and Westfield Carlsbad •The Planning Commission voted 4-2 to continue to prohibit digital signs within the City. Digital Sign Options 1. Add the following text back into Sign Ordinance Section 21.41.095 for Regional Commercial Centers: “Regional commercial centers with a regional commercial general plan land use designation that have frontage on a freeway (I-5 or SR-78) may include electronic message board sign(s) subject to the approval of a conditional use permit by the City Council. The CUP will include detailed electronic message board sign development standards and is subject to required findings by the City Council.” OR Digital Signs Options •Opt to amend the Car Country Specific Plan to allow for digital signage. •The City Council recently adopted Westfield Carlsbad Specific Plan provides the City Council discretion to permit digital display signs upon approval of a Sign Program and Conditional Use Permit. Way -finding Signs Way -finding Signs Way -finding Signs Chapter 11.44 – Private Party Signs on City Property •New Chapter 11.44 allows way-finding signs within the public ROW to guide residents and visitors to public and quasi-public buildings, public facilities, cultural/historical destinations, tourist destinations, city entries, public points of interest or locations or destinations where way-finding would be of public benefit within Carlsbad. Chapter 11.44 – Private Party Signs on City Property •The design of the way-finding signs shall be as approved by the City with a uniform design that includes the City’s logo. •Way-finding signs could also include “Welcome to Carlsbad” archway signs located over major roads within the City. Modified Sign Program Application Fees •Modified Minor Sign Program Fee - $724 •Modified Regular Sign Program Fee - $2,727 Recommendation •Introduce Ordinance CS-226 to Approve ZCA 11-03, •Introduce Ordinance CS-227 to Approve MCA 13-01, •Adopt Resolutions 2013-213, 2013-214 and 2013- 215 to Approve a Negative Declaration, LCPA 11-04, and Rescind City Council Policy #65 and •Adopt Resolution 2013-216 to Approve new Modified Minor and Modified Regular Sign Program Permit application fees. Industrial/Office Buildings – Increase # of Wall Signs Industrial/Office Buildings •Maximum wall sign size revised from 50 SF to a range of 50 - 70 SF depending on building size. •Maximum wall sign letter heights revised from 24” – 36” to 24” – 48” depending on building size. Commercial Buildings •New wall sign maximum letter height (60”) for larger sized (>100,000 Sq. Ft.) commercial buildings. Allow projecting signs on commercial buildings Increase Sign Standards for all Monument and Directional Signs –Monument signs: Sign area increased from 50 SF to 60 SF and letter height increased from 18” to 24”. –Directional signs: Sign height increased from 4’ to 6’. Existing Standards MSP Standards Clarifications •Murals that are painted directly on a building and are not intended to draw attention to any use, product, service or event available at the building are not signs. Carlsbad Car Country LED Freeway Display 24 Makes and Models Sign Comparison Highlight Ontario Auto Center vs. Carlsbad Car Country –Ontario Auto Center Large Sign •LED Screen is 29’ x 29’ •Overall Height of sign is 80’ –Carlsbad Car Country Proposed Sign •LED Screen is 25’ x 25’ •Overall Height of sign is 64’6” Videos: Ontario Auto Center Sign •Northbound •Southbound Caltrans Regulations The Carlsbad Car Country sign will operate according to the Caltrans regulations: –No video. –No motion. –Each frame remains static on display for 6 sec. –No blanks between frames, each frame morphs into next frame. Light Study Brightness: Daytime 85% max, Nighttime 15% max –Dimming controlled by a photocell based on ambient light throughout the day. –No halo, no glare with 0% to 100% dimming capability. Standard Illumination: 0.3 footcandles –Commercial Illuminance will be 0.09 footcandles at a distance of 380 feet. –Residential Illuminance will be 0.01 footcandles at a distance of 1220 feet. Conclusion: The proposed Carlsbad sign would not cause excessive illumination or light pollution. Recent Installations •LED Freeway Signs have been proven to increase sales by 12-16%. •Also, support Cities by allowing 10-20% of the time on the LED screen to display public service messages equally divided throughout the hours of operation. Examples: •Ontario Auto Center •Riverside Auto Center •Lexus of Escondido •Huntington Beach Blvd of Cars •Buena Park Auto Center Carlsbad Financial Review An increase in revenue of 12-16% in Carlsbad would equate to the following: –Additional sale of 3,600 cars per year (Based on a 12% increase of current car sales of 30,000 per year). –An additional $720,000 dollars per year for the City of Carlsbad in tax revenue generated by Car Country (Based on 12% of an estimated $6,000,000 tax base the City receives from the dealers at Car Country annually).