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HomeMy WebLinkAbout2014-09-23; City Council; 21745; Amending Subsections 11.44.060 11.44.100 Providing Additional Flexibility Sign DesignCITY OF CARLSBAD - AGENDA BILL 12 AB# 21,745 ORDINANCE AMENDING SUBSECTIONS DEPT. DIREaOR MTG. 9/23/14 11.44.060 AND 11.44.100 OF THE CARLSBAD CITY ATTORNEY DEPT. CED MUNICIPAL CODE PROVIDING ADDITIONAL FLEXIBILITY IN SIGN DESIGN CITY MANAGER RECOMMENDED ACTION: That the City Council introduce Ordinance No. CS-262 approving a Municipal Code Amendment to subsections 11.44.060 and 11.44.100 of the Carlsbad IVIunicipal Code for purposes of providing additional flexibility in sign design; and naming the communications manager as an additional person authorized to approve way-finding signs. ITEM EXPLANATION: Since the adoption of Ordinance No. CS-227 on September 10, 2013, staff has discovered some minor changes to Title 11 of the Carlsbad Municipal Code that are necessary in providing staff with greater flexibility in the design and clarifying the approval process for real estate for sale kiosk signs and city-wide way-finding signs. The first amendment, as illustrated in the attached strikethrough/underline exhibit, amends subsection 11.44.060 - Real estate for sale "kiosk" signs in particular locations, granting city staff greater flexibility for creating an updated sign design by providing an option for contrasting letters as opposed to being restricted solely to black letters set against a white background. The second amendment amends subsection 11.44.100 - City-wide way-finding signs to 1) eliminate the requirement for a uniform design that includes the city's logo, and 2) names the communications manager as an additional person authorized to approve design and location of these signs. This amendment to the city-wide way-finding signs is necessary in that, as staff begins the design process for various new signs throughout the city, we will need greater flexibility than what is currently prescribed by the code. For example, a smaller type sign might not have enough room for the city logo and the message, but the code as presently written requires that the logo be included, resulting in greater focus on the logo rather than the message that is trying to be conveyed. In adding the communications manager to the list of people required to approve the city-wide way-finding signs, the city can be assured that the signs will reflect the city brand, even if the logo is not always included. FISCAL IMPACT: There will be no substantial expenditures of staff time to codify the City Council's Ordinance. DEPARTMENT CONTACT: Jason Goff 760-602-4643 iason.goff@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL AaiON: APPROVED k CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • Page 2 ENVIRONMENTAL IMPAa; This action is exempt from the provisions ofthe California Environmental Quality Act (CEQA) pursuant to California Code of Regulations Section 15061(b)(3) (General Rule) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. EXHIBITS: 1. City Council Ordinance No. ^8-262 2. Proposed text revision - strikethrough/underline. EXHIBIT 1 ORDINANCE NO. CS-262 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT TO SUBSECTIONS 11.44.060 AND 11.44.100 OF THE CARLSBAD MUNICIPAL CODE FOR PURPOSES OF PROVIDING ADDITIONAL FLEXIBILITY IN SIGN DESIGN; AND NAMING THE COMMUNICATIONS MANAGER AS AN ADDITIONAL PERSON AUTHORIZED TO APPROVE WAY-FINDING SIGNS. CASE NAME: KIOSK AND WAY-FINDING SIGNS CASE NO.: MCA 14-02 The City Council ofthe City ofCarlsbad, California, does ordain as follows: SECTION amended to read as follows: That subsection 11.44.060 ofthe Carlsbad Municipal Code is 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 ten feet in height, seven feet in width, which contain modular information strips, not exceeding ten inches in height, six feet in width, providing information about tract housing developments (of more than four 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 contrasting reflective lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be all upper case letters not more than six 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 eight 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. 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 thirty days 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. SECTION II. That subsection 11.44.100 of the Carlsbad Municipal Code is amended to read as follows: 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11.44.100 City-wide way-finding signs. A. Intent as to Public Forum. The city's intent as to this section is to designate a strictly limited forum, which allows the city to post way-finding (directional) signs on city property to guide 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 ofthe 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 and location of the city's way-finding signs shall be as approved by the city planner, city engineer, city traffic engineer, and communications manager. D. All way-finding signs shall be installed by the city. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption ofthis ordinance and cause the full text ofthe ordinance or a summary ofthe ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City ofCarlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 23rd day of September 2014, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, CityAttorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk -5-n EXHIBIT 2 KIOSK AND WAY-FINDING SIGNS MCA 14-02 PROPOSED TEXT CHANGES TO THE TITLE 11 OF THE CARLSBAD MUNICIPAL CODE SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT REVISIONS TO TITLE 11 PUBLIC PROPERTY Section 11.44.060 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 ten feet in height, seven feet in width, which contain modular information strips, not exceeding ten inches in height, six feet in width, providing information about tract housing developments (of more than four 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 bla^k-contrasting reflective lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be all upper case letters not more than six 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 for the model homes. 4. There shall be no additions, tag signs, streamers, devices, display boards, runners or riders or appurtenances added to the sign as originally approved. Further, no other off-site directional signing may be used such as posters, trailer signs or temporary subdivision directional signs. 5. Any sign placed contrary to the provisions of this section may be removed by the city without prior notice. 6. Each approved tract housing development may have up to a maximum of eight directional signs. Upon approval by the city planner, directional signs shall be EXHIBIT 2 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. 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 contractorto 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 thirty day's notice to the city of cancellation. The minimum liability coverage on such policy shall be one million dollars. Any private party contract must include a provision for the contractor to hold harmless, defend and indemnify the city against all claims relating to property damage or personal injury, including death, which assert that the kiosk sign played any legally significant role in the creation of the liability. 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. Section 11.44.100 11.44.100 City-wide way-finding signs. A. Intent as to Public Forum. The city's intent as to this section is to designate a strictly limited forum, which allows the city to post way-finding (directional) signs on city property to guide 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; Page 2 EXHIBIT 2 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 and location of the city's way-finding signs shall be as approved by the-eity with a uniform desiqn that includes the city's logo citv planner, citv engineer, citv traffic engineer, and communications manager. & City-wide way finding signs shall be subject to the approval by the city planner, city engineer and city traffic engineer prior to installation. ED. All way-finding signs shall be installed by the city. Page 3 10 Agenda Item #12 ORDINANCE AMENDING SUBSECTIONS 11.44.060 AND 11.44.100 OF THE CARLSBAD MUNICIPAL CODE PROVIDING ADDITIONAL FLEXIBILITY IN SIGN DESIGN September 23, 2014 Ordinance No. CS-262 Amends CMC 11.44.060 –Real estate for sale “kiosk” signs in particular locations to: •Allow for “contrasting reflective lettering” in place of “black reflective lettering” against a white background. 2 Ordinance No. CS-262 (cont.) Amends CMC 11.44.100 –City-wide way-finding signs by: •Eliminating requirement for a uniform design that includes the city logo, and •Names the communications manager as an additional person authorized to approve design and location of these signs. 3 Recommendation That the City Council INTRODUCE Ordinance No. CS-262,APPROVING a Municipal Code Amendment to subsections 11.44.060 and 11.44.100 of the Carlsbad Municipal Code for purposes of providing additional flexibility in sign design;and naming the communications manager as an additional person authorized to approve way-finding signs.