HomeMy WebLinkAbout2013-09-10; City Council; 21363; Sign Ordinance Amendment ZCA 11-03 LCPA 11-04CITY OF CARLSBAD - AGENDA BILL
AB# 21,363 SIGN ORDINANCE AMENDMENT ZCA 11-03/LCPA 11-04
MUNICIPAL CODE AMENDMENT (PRIVATE PARTY SIGNS
ON CITY PROPERTY) MCA 13-01
DEPT. DIRECTOR ^
MTG. 9/10/13
SIGN ORDINANCE AMENDMENT ZCA 11-03/LCPA 11-04
MUNICIPAL CODE AMENDMENT (PRIVATE PARTY SIGNS
ON CITY PROPERTY) MCA 13-01
CITY ATTORNEY
DEPT. Clerk
SIGN ORDINANCE AMENDMENT ZCA 11-03/LCPA 11-04
MUNICIPAL CODE AMENDMENT (PRIVATE PARTY SIGNS
ON CITY PROPERTY) MCA 13-01 CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-226. repealing and reenacting the City's Sign Ordinance, Title 21, Chapter 21.41 of the
Carlsbad Municipal Code (ZCA 11-03/LCPA 11-04); and
Adopt Ordinance No. CS-227, amending Title 11 ofthe Carlsbad Municipal Code by the addition of Chapter 11.44,
Private Party Signs on City Property (MCA 13-01).
ITEM EXPLANATION:
Ordinance Nos. CS-226 and CS-227, were introduced and first read at the City Council meeting held on August 27,
2013. The second reading allows the City Council to adopt the ordinances. Notwithstanding the above, Ordinance
No. CS-226 shall not be effective until certified by the California Coastal Commission. The City Clerk will have the
ordinances or a summary of the ordinances published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,347 on file in the Office of the City Clerk.
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).
EXHIBITS:
1. Ordinance No. CS-226.
2. Ordinance No. CS-227.
DEPARTMENT CONTACT: Sherry Freisinger 760-434-2808 Sherrv-Freisinger Ocarlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED A
DENIED •
CONTINUED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURN ED TO STAFF •
OTHER-SEE MINUTES •
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and
ORDINANCE NO. 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
CASE NO.: ZCA 11-03/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.
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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.
21.41.005 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
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 ofthe city.
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21.41.010 Applicability.
A. The provisions ofthis chapter shall apply generally to all zones established by this
title.
B. Properties and uses in the village review (VR) zone are regulated first by the sign
standards ofthe Carlsbad village master plan and design manual, and then, to the extent
not covered by said master plan and design manual, by the provisions of 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 sign
programs are adopted by ordinance as special zoning regulations, those sign standards or
sign programs shall apply; however, the "message substitution" provisions ofthis 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 otherwise 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 ofthe 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 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 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 does not apply to electronic message boards 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
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ground directly 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 ofthe building or
structure. A flag, 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 ofthe 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
same parcel, but rather is a separate or second principal use ofthe parcel;
d. The sign is a profit center on its own, and in the case of multiple
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
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.
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.
19. "Canopy sign." See "awning sign."
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 of the sign. This does not include a digital display.
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21. "Channel lettered sign" means a sign 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 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.
23. "Commercial center" means a commercial development that includes
predominantly retail businesses with access driveways or parking spaces shared by one or
more ofthe businesses.
24. "Commercial mascot" 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.
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.
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 ofthe 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."
28. "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.
29. "Directional sign" means an on-site sign designed to guide or direct
pedestrian or vehicular traffic to uses on the same site.
30. "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 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.
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33. "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.
34. "Fagade sign" means a sign fastened to the exterior walls of a building
exposed to public view. See also "wall sign".
35. "Fascia sign" means a sign fastened to or engraved in the band or board at
the edge of a roof overhang.
36. "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.
38. "Freestanding sign" means a sign supported upon the ground and not
attached to any building. This definition includes monument signs and pole signs.
39. "Freeway service station" means a gas/service station located on a
property that is contiguous to a freeway interchange.
40. "General advertising" means the enterprise of offering sign display space
for a fee or other consideration to a variety of advertisers, commercial or noncommercial.
41. "Hand held" means those signs or visual communication devices which are
held by or otherwise mounted on human beings or animals.
42. "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.
43. "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.
44. "Logo" means a trademark or symbol of an organization, belief system or
concept.
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.
46. "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.
47. "Master plan" means a plan prepared and adopted pursuant to Chapter
21.38 of this code.
48. "Mobile billboard" means a vehicle for which the primary use is the display
of general advertising message(s).
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 of the
design. A monument sign does not include poles or pylons. Contrast; pole sign.
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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 ofthis 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
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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.
63. "Prohibited sign" means any sign that is specifically not permitted by this
chapter or was erected without complying with the regulations ofthis chapter in effect at
the time of construction, display or use.
64. "Projecting sign" means a sign which projects more than ten inches from a
wall or other vertical surface, generally at about ninety degrees.
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 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.
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.
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 of
the roof.
69. "Shopping complex" means the same as "commercial center."
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 iiot 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
otherwise legal and is located entirely on private property and on the ground or sidewalk;
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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 otherwise 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 otherwise
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-flying
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;
o. 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 ofthe 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 directly
onto a building and are not intended to draw attention to any use, product, service or
event.
71. "Sign area" means the display or message area ofthe sign. The methods of
computing sign area are detailed in Section 21.4i.070.A.
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.
73. "Sign permit" means an entitlement from the city to place or erect a sign.
74. "Sign program" means a plan that integrates signs for a project with
buildings, circulation and landscaping to form a coordinated architectural statement.
75. "Site development plan" means a plan required pursuant to Chapter 21.06
ofthis code.
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76. "Specific plan" means a plan prepared and adopted pursuant to Section
65451 ofthe California Government Code.
77. "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. Corner lots have at least two street frontages.
78. "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.
79. "Tall freestanding sign" means a monument or pole sign that is greater
than fourteen feet in height.
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.
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
for long term display or permanent mounting.
82. "Traffic directional sign" means a sign which indicates place, location or
direction for the information of drivers or pedestrians.
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
of the physical structure of the sign or its mounting mechanism. A sign may not be
considered "unsafe" within this definition by virtue ofthe message displayed thereon.
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.
85. "Vessel sign" means a sign mounted upon a water vessel which may legally
move upon the waters.
86. "Walt 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 otherwise located within a building so as to be visible from the
exterior ofthe 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
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
other provisions ofthe Carlsbad Municipal Code.
2. Message Substitution.
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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 oftlmes, 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 use;
ii. Authorize the physical expansion of an existing sign;
iii. Affect the requirement that a sign structure or mounting device be
properly 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:
i. A sign permit is required only if the sign qualifies as a structure
requiring a building permit or an electrical permit;
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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 days before a primary, general, or special
election and ends within 5 days following the closing of the 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 ofthe 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 ofthe 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.
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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, flash,
change color, reflect, revolve or make noise;
4. Balloons or other inflatable signs or devices, as defined herein;
5. Beacons, as defined herein;
6. Billboards, as defined herein;
7. Bus stop bench/shelter signs, as defined herein;
8. Digital display signs, except at regional commercial centers that satisfy all
ofthe following criteria: a) are designated Regional Com mereial (R) by the General Plan,
b) are located within a Master Plan or Specific Plan and c) have frontage on a freeway (1-5
orSR78);
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 other provisions ofthe Carlsbad Municipal Code;
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 ban ners (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.
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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 iiot 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
Address Sign Wall 1 per building 6 square feet
per sign.
The minimum
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
Wal 1/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 grade if in
the front yard/
1. May not be
illuminated.
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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
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 30 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 five
(5) 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 on
residential and
nonresidential
properties.
Window Signs
located in
commercial
centers and
freestanding
commercial
buildings
Window Total copy area
shall not exceed
25% ofthe
window area.
7 feet above
average grade/6
inches.
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
California 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.
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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
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
structure existing
on the premises/
Flags in
residential zones
Pole
Freestanding or
mounted on the side
of a building
Maximum of 2
flags per
occupied
dwelling unit.
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/
Flags with
commercial
images are not
allowed in
residential zones.
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), move or display any temporary or permanent sign within the city without first
obtaining a sign permit in accordance with the provisions ofthis 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.
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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 ofthe 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.
21.41.060 Sign programs and modified sign programs
A. Purpose.
1. The purpose of a sign program is to integrate signs with a project's
building, site and landscaping design to form a unified architectural statement.
B. Applicability.
1. A sign program shall be required for:
a. Master plans.
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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 forthe 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 ofthe 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 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. 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 ofthe findings of
fact listed in Section 21.41.060.H. ofthis chapter can be made.
d. When 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 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 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.
f. Sign program design standards shall not apply to noncommercial
messages.
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.
h. In the absence of a master or specific plan, the sign program application
may not be used to permit a sign type which is otherwise 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.
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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 ,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 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 21,54.060.6.2 of this title.
ii. The city planner may approve or conditionally approve the modified
minor sign program if all ofthe findings of fact in Sections 21.41.060.H. ofthis 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 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 ofthe particular case, and evidence presented at the public hearing.
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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
21.41.060.H. ofthis 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.
H. Findings of fact for modified minor sign programs or modified sign programs that
vary from the standards ofthis 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 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 of the overall development to pedestrians and motorists; and
d. The modified minor sign program or modified sign 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.
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 of this 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 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 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 title.
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 ofthis chapter
are subject only to the message substitution provision ofthis chapter; all other terms of
the existing sign program shall continue in force.
M. Binding Effect.
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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
ofthe graphic image, writing, representation, emblem or other display.
ii. Sign area does not include any supporting framework or bracing
unless such is designed in a way as to function as a communicative element of the sign.
b. Pole Signs.
i. Sign area shall be computed as the area ofthe 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 of the
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.
i. 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 ofthe sign or sign cabinet, including all ornamentation and supports, to the average
grade beneath the sign.
C. 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.
D. 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.
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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 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.
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.
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.
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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 total sign area, and are
subject to sign height standards, but are not subject to sign letter height standards.
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 fixtures 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 Carlsbad 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 ofthis section shall prevail. Otherwise, within the coastal zone, the
sign regulations ofthis 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.
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.
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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.
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.
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)
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Type of Type of Sign Maximum Maximum Maximum Location Additional
Development Number of Sign Area Sign/Letter Sign
and/or Zone Signs Height Standards -
See Sections
21.41.070-
21.41.090
and those
listed below
Wall, Fascia No maximum Total sign Varies/Tenant 1. Fascia Sign: 1. The length
or Awning number area for all Leased Space: Centered on of any sign
wall, fascia Fascia. shall not
or awning < 2,500 square exceed 75%
signs shall feet: —/24 2. Awning of the length
not exceed 1 inches Sign: Over ofthe
square foot doors or building
per each 2,500 - 10,000 windows frontage or
lineal foot square feet: — lease space to
of building /30 inches which the sign
frontage pertains.
10,001 -50,000
square feet: — (See Note #2
/36 inches; below)
> 50,000 -(See Note
100,000 #3below)
square feet —
/48 inches (See Note #6
below)
> 100,000
square feet —
/60 inches
Suspended or 1 per 6 square feet Minimum 8 Suspended -Suspended
Projecting establishment per sign foot clearance Underside of may not be
from finished walkway intemally
grade to overhang at illuminated
bottom of sign. 90 degrees to
the business
establishment.
Directional 3 per 6 square feet 6 feet above Should be
Sign driveway per sign average grade/ located to
entrance facilitate
traffic intemal
to the site.
Drive-Thru Reader Board Restaurants: 24 square 6 feet above Reader boards
Facilities Wall or 2 per existing feet per sign average grade/ are allowed in
Monument establishment addition to
other signs
Other non-permitted for
restaurant Commercial
drive-thm Centers and
facilities: 1 Freestanding
per Commercial
establishment Buildings.
Regional Pole 1 per center 150 square 35 feet above Primary 1. Pole sign is
Commercial Center feet per sign average grade project allowed in
entrance or in addition to
a location other signs
approved by permitted for
the city Commercial
planner. Centers.
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Type of
Development
and/or Zone
Office, Industrial
and Commercial
uses in the R-P, O,
C-M, P-M, and M
zones
Type of Sign
Digital
Display
Monument
Directional
Signs
Maximum
Number of
Signs
I per lot
3 per
driveway
entrance
Maximum
Sign Area
60 square
feet per sign
6 square feet
per sign
Maximum
Sign/Letter
Height
6 feet above
average
grade/24
inches
6 feet above
average grade/
Location
Primary
driveway
entrance or at
other strategic
location.
Should be
located to
facilitate
traffic internal
to the site.
Additional
Sign
Standards -
See Sections
21.41.070-
21.41.090
and those
listed below
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
tothe
approval of a
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.
(See Note#l
below)
(See Note # 5
below)
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Type of Type of Sign Maximum Maximum Maximum Location Additional
Development Number of Sign Area Sign/Letter Sign
and/or Zone Signs Height Standards -
See Sections
21.41.070-
21.41.090
and those
listed below
Wall Buildings 50 square -—/24 inches (See Note #3
less than feet per sign below)
50,000 square
feet in area: 2 (See Note #4
signs per below)
building (1
sign per (See Note #5
building below)
elevation)
(See Note #6
below)
Buildings 60 square -—/36 inches
50,000 -feet per sign
100,000
square feet
in area: 4
signs per
building (2
signs per
building
elevation)
Buildings 70 square —/48inches
greater than feet per sign
100,000
square feet in
area: 6 signs
per building
(2 signs per
building
elevation)
Office or Industrial Wall or 1 per 8 square feet —/12 inches Directly above Allowed in
Establishment with Fascia establishment per sign entrance addition to
a separate building wall signs
entrance in a multi-permitted for
tenant building buildings in
the R-P, 0, C-
M, P-M and
M zones.
Ground Floor Wall or 1 per 20 square /18 inches 1. Wall Sign:
Commercial Fascia establishment feet per sign Not permitted
establishment with above the
a separate building plate height
entrance in a elevation of
multitenant the ground
building located in floor
the R-P, 0, C-M, P-
M and M zones 2. Fascia Sign:
Centered on
fascia, directly
above
establishment
entrance.
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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
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
Gas/Service
Stations
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)
Sign may
include motor
fuel prices as
required by
State law.
Wall 1 per street
frontage
30 square
feet per sign
24 inches (See Note #3
below)
(See Note #6
below)
Canopy 4 per site 10 square
feet per sign
/I8
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 fuel
pump
2.5 square
feet per sign
Must be
attached to the
fiiel 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.
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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
Stand-alone
Theater or Cinema
Wall 1 per street
frontage
Total sign
area for all
wall signs
shall not
exceed 1
square feet
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 building
Suspended
may not be
intemally
illuminated
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.
Program
Poster
1 per screen
or stage
6 square feet
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)
Monument 1 per street
fi-ontage
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
6 feet above
average grade/
Should be
located to
facilitate
traffic intemal
to the site.
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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
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)
(See Note #3
below)
(See Note #6
below)
Wall 1 per street
frontage
30 square
feet per sign
24 inches
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.
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: 8
feet above
average
grade/24
inches
Freestanding:
Primary
project
entrance
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
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 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 (2
signs
maximum)
40 square
feet per sign
—/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 Section
21.41.100,
Permitted
Temporary
Signs
OS zone, except for
uses listed
elsewhere in this
table
See Section
21.41.100,
Permitted
Temporary
Signs
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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, State Route 78,
Palomar Airport Road or El Camino
Real shall not have more than one
wall sign along those elevations.
Note #3 Illuminated wall signs are
prohibited on any building elevation
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 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 elevation 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
of the length of that same elevation.
Note #5 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 #6 Wall signs must be located below
the roof line 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 roof
line.
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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.
Table C
Temporary Signs Permitted By Type of Development and Zone With a Sign Permit
Type of Type of Sign Maximum Maximum Maximum Location Remarks
Development and Number of Sign Area Sign/Letter
Zone Signs Height
Projects which are Wall or 1 per project 32 square Freestanding: 8 Must be 1. May not
under Constmction Freestanding feet per sign feet above located on the be
in all zones average grade/ project site. illuminated.
May not 2. Shall be
project into the removed
public right-of-prior to the
way. granting of
the last
Certificate
of
Occupancy
by the city.
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Type of Type of Sign Maximum Maximum Maximum Location Remarks
Development and Number of Sign Area Sign/Letter
Zone Signs Height
Real Property or Freestanding 1 per Residential 8 feet above Must be 1. May not
project which is for property Projects of 2 average grade located on the be
rent, sale or lease -to 10 units: property. illuminated.
in all zones 12 square
(owner's real feet. May not 2.
property or owned Residential project into the Residential
by others with Projects of public right-of-Projects:
owner's consent. more than way. shall be
per Califomia Civil 10 units. removed
Code 713) Commercial from the
, Office and property
Industrial within 15
properties: days from
32 square the date that
feet per sign 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.
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Type of
Development and
Zone
All Commercial,
Office and
Industrial zones
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/
Recreational
Facilities
Type of Sign
Interim
Temporary
Sign
Banner or
Freestanding
Signs with a
Temporary
Seasonal
Sales
Location
Permit
Maximum
Number of
Signs
1 per
establishment
1 per street
frontage
Maximum
Sign Area
30 square
feet per sign
30 square
feet per
banner or
freestanding
sign
Maximum
Sign/Letter
Height
Location
Attached to
monument or
wall at the
establishment
location.
Must be
located on the
site of the
seasonal sales
event.
Pursuant to
other
provisions of
the Carlsbad
Municipal
Code.
Remarks
1. Permitted
only for
establishmen
ts waiting
for
permanent
sign
construction
and
installation.
2. Approval
limited to 45
days
maximum or
when the
permanent
sign is
installed
whichever
occurs first.
3. A city
sign permit
for the
permanent
sign must
first be
issued.
Limited to
the period of
time
specified in
the
Temporary
Seasonal
Sales
Location
Permit.
21.41.110 Construction and maintenance.
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. Maintenance.
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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 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, may be removed by any officer or employee ofthe 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 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 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 ofthe 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 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 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 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 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.
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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 of the 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 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 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
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 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 returned
to the owner upon payment to the city of the costs of removal. If no timely request is
made for hearing or if no demand is made for the return of the sign removed, the 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:
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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 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 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 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 of
this chapter.
21.41.160 Severability.
If any section, subsection, sentence, clause phrase or part of this chapter is for any
reason found by a court of competent jurisdiction to be invalid or unconstitutional, such
decision shall not affect the validity 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.
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. (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.
///
///
///
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PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of
Carlsbad on the 10* day of September, 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, Cify Attorney
ATTEST:
BARBARA ENGLESON, City Clerk
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ORDINANCE NO. CS-227
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CAUFORNIA, 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
CASENQ.: MCA 13-01
The City Council ofthe City of Carlsbad, California, does ordain as follows:
CHAPTER 11.44 PRIVATE PARTY SIGNS ON CITY PROPERTY
SECTIONS:
11.44.005 - Purpose and intent.
11.44.010 - Signs must be permitted or exempted.
11.44.020 - City property sign permits; application forms and procedures.
11.44.030- Temporary political, religious, labor protest and other
noncommercial signs in traditional public forum areas.
11.44.040 - Exemptions from permit requirement.
11.44.050- Permits for a-frame signs in the Carlsbad village review area,
bearing commercial messages for adjacent establishments or non-
commercial messages.
11.44.060 - Real estate for sale "kiosk" signs in particular locations.
11.44.070- Temporary political and other noncommercial signs in the public
right-of-way during campaign periods.
11.44.080 - Signage associated with special events.
11.44.090 - Use of public land for banners.
11.44.100- City-wide way-finding signs.
11.44.110- Remedies and penalties.
11.44.120- Violations.
11.44.130- 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 Carlsbad 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
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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 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, 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 of the following:
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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 ofthe public hearing or one hour after the close ofthe 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 governmental
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 as to 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 Carlsbad 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
5 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
present within 50 feet of the 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-commercia
IQ 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-commercia
signs must also be attended by a person who is within 50 feet ofthe sign at a
times; however, the attendant need not be employed by or associated with an
adjacent establishment. Any one person may act as an attendant to only one
non-commercial sign at a time
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4. Each display face shall have a maximum area of 15 square feet, and shall not
1^ 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
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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
2^ entire length of the sidewalk in front of the establishment.
26 7 Signs shall not obscure or interfere with the effectiveness of any official notice
2^ 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.
2
1 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
3 unmaintained or damaged portion of a sign shall be repaired or replaced or
removed within 15 days following notice by the city.
12
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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
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.
7 "
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10 ,,
The commercial A-Frame Signs allowed by this section may be displayed only by
11 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,
13 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
14 age of eighteen.
Each eligible establishment location is allowed a maximum of one A-Frame sign.
1^ 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
17 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
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The Permit attaches to the establishment at the location specified. If the
21 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
23 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
24 Permit shall be required.
E. Term of consent indicated by permit; revocation and renewal 25
26 ..
The Permit is revocable or cancelable at will by the city. However, the city will
27 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
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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
3 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
guarantee that the city will 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
7 (uncompensated taking of private property) as to the permitted sign, when they
submit the original application
F. Temporary removal
10 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
13 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
satisfactory to the city planner and risk manager, which shall name the city as an
19 additional insured and provide thirty-day notice of cancellation. The minimum
liability coverage on such policy shall be one million dollars; such coverage shall
20 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 against all claims relating to property
22 damage or personal injury, including death, which assert that the permitted sign
played any legally significant role in the creation ofthe liability.
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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
26 Area.
27 ///
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11.44.060 - Real estate for sale "kiosk" signs in particular locations.
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 Carlsbad" 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. In no case shall a sign be mounted on a kiosk before building permits
have been issued forthe 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.
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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 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, 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.
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B. Temporary noncommercial sign permit; application forms and procedures
The procedure for the approval of a temporary noncommercial sign permit
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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
requirements as provided herein.
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 ofthe signs.
C. Time period
The signs allowable under this section may be displayed only during the period of
time, 30 days preceding and 5 days following a general, special or primary
16 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
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^° D. Locations
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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
identified on the City Council approved campaign sign placement map on file with
22 the Planning Division,
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
2^ a permit. Removal, defacement, alteration, obliteration, destruction or tampering
with signs permitted under this policy without the permission of the owner is
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in whole or in part, any other sign permitted under this section.
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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 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, box or standard, bus bench, pole or structure
supporting a traffic control sign or device (streetlight, traffic signal), or any fire
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 a median strip.
placed in that portion ofthe public right-of-way or easement past the sidewalk
without the consent ofthe adjoining property owner or person in possession if
different than the owner.
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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 of the nonconformance.
11.44.080 - Signage associated with special events.
When the city allows a special event pursuant to Carlsbad 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 shall
approve the location and duration of posting for special event venue signs as described in
the Carlsbad 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.
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11.44.090 - Use of public land for banners.
Banners may be placed by the city on city property in the public right-of-way for any
message, event or program officially sponsored, co-sponsored, or supported, by the City
of Carlsbad which provides a public benefit, as approved by resolution ofthe City Council.
11.44.100 - Citywide way-finding signs.
A. Intent asto 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
residents and visitors to public buildings or facilities, quasi-public buildings, city
neighborhoods, philanthropic organizations, cultural/historical destinations,
tourist destinations and points of public interest throughout Carlsbad. Other uses,
locations or destinations may be allowed to post way-finding signage if approved
by resolution of the City Council.
Way-finding signs are expressly permitted for the following
buildings/facilities/uses:
1. Public Buildings and Facilities - City of Carlsbad, County, State and Federal
Buildings;
2. City Facilities - City Buildings, Uses, Parking Lots, Golf Course, Parks and Trails,
etc.;
3. Quasi-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. City Entries and Neighborhood Entries; and
7. 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
benefit; and
3. Way-finding 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. Citywide way-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.
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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 of the costs of removal. If no timely request is made for hearing or if no demand
is made for the return of the sign removed, the community and economic development
director, or his designee, is authorized to destroy or dispose of the removed sign not
earlier 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 ofthis 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 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 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.
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1 NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows
^ that:
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1. The above recitations are true and correct.
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^ 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
7 of the ordinance or a summary of the ordinance prepared by the City Attorney to be
8 published at least once in a newspaper of general circulation in the City of Carlsbad within
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fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
^2 Council on the 27* day of August 2013, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 10* day of September, 2013, by the following vote, to wit:
AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BAR^^Rft ENGLES^Tcity Clerk