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HomeMy WebLinkAbout2014-09-23; City Council; 21746; Approving Zone Code Amendment ZCA 11-03(A) to Modify Chapter 21.41, California Coastal Commission's Modification to LCPA 11-04CITY OF CARLSBAD - AGENDA BILL 13 21,746 ADOPTION OF AN ORDINANCE APPROVING A ZONE CODE AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT (ZCA 11-03(A)) TO MODIFY THE STANDARDS IN MUNICIPAL CODE CHAPTER 21.41 (SIGN ORDINANCE), AND THEREBY ACCEPTING AND ADMINISTERING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO LCPA 11-04 DEPT.DIRECTOR (^5^ MTG. 9/23/14 ADOPTION OF AN ORDINANCE APPROVING A ZONE CODE AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT (ZCA 11-03(A)) TO MODIFY THE STANDARDS IN MUNICIPAL CODE CHAPTER 21.41 (SIGN ORDINANCE), AND THEREBY ACCEPTING AND ADMINISTERING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO LCPA 11-04 CITYATTORNEY DEPT. Clerk ADOPTION OF AN ORDINANCE APPROVING A ZONE CODE AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT (ZCA 11-03(A)) TO MODIFY THE STANDARDS IN MUNICIPAL CODE CHAPTER 21.41 (SIGN ORDINANCE), AND THEREBY ACCEPTING AND ADMINISTERING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO LCPA 11-04 CITY MANAGER RECOMMENDED AaiON: Adopt Ordinance No. CS-261, approving a Zone Code Amendment (ZCA 11-03(A)) and Local Coastal Plan Amendment to modify the standards in Municipal Code Chapter 21.41 (Sign Ordinance), and thereby accepting and administering the California Coastal Commission's suggested modifications to LCPA 11-04. ITEM EXPLANATION: Ordinance No. CS-261 was introduced and first read at the City Council meeting held on September 9, 2014. The second reading allows the City Council to adopt the ordinance. Notwitiistanding tlie above, Ordinance No. CS-261 shall not be effective until certified by the California Coastal Commission. The City Clerk will have the ordinance or a summary of the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #21,732 on file in the Office ofthe City Clerk. ENVIRONMENTAL IMPACT: On August 27, 2013, the City Council adopted a Negative Declaration for ZCA 11-03 and LCPA 11-04 Sign Ordinance Amendment (Resolution No. 2013-214). The proposed modifications do not create any new significant environmental effects that were not previously identified. No additional environmental review is required. EXHIBIT: 1. Ordinance No. CS-261. DEPARTMENT CONTACT: Shelley Collins (760) 434-2917 shellev.collins@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL AaiON: APPROVED DENIED CONTINUED WITHDRAWN AMENDED • • • • • CONTINUED TO DATE SPECIFIC • . CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • 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 EXHIBIT 1 ORDINANCE NO. CS-261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A ZONE CODE AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT TO MODIFY THE STANDARDS IN MUNICIPAL CODE CHAPTER 21.41 (SIGN ORDINANCE), AND THEREBY ACCEPTING AND ADMINISTERING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO LCPA 11-04. CASE NAME: SIGN ORDINANCE AMENDMENT SUGGESTED MODIFICATIONS CASE NO.: ZCA 11-03(A)/LCPA 11-04(A) WHEREAS, the Planning Commission did on November 21, 2012 and April 17, 2013, hold duly noticed public hearings as prescribed by law to consider Zone Code Amendment (ZCA 11-03) and Local Coastal Program Amendment (LCPA 11-04) to repeal and reenact the city's Sign Ordinance, Chapter 21.41 ofthe Zoning Ordinance; and WHEREAS, the Planning Commission adopted Resolutions No. 6927 and 6928, recommending to the City Council approval of ZCA 11-03 and LCPA 11-04; and WHEREAS, the City Council, on August 27, 2013, held a duly noticed public hearing as prescribed by law to consider ZCA 11-03 and LCPA 11-04, and introduced Ordinance No. CS-226 to approve ZCA 11-03, and adopted Resolution No. 2013-214, to approve LCPA 11-04; and WHEREAS, the City Council, on September 10, 2013, passed, approved and adopted Ordinance No. CS-226; and WHEREAS, the approval of both Ordinance No. CS-226 and Resolution No. 2013-214 is subject to Coastal Commission approval (certification) of LCPA 11-04; and WHEREAS, on June 12, 2014, the California Coastal Commission approved LCPA 11-04 conditioned upon the city making certain changes, or "suggested modifications"; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, accepting and administering the California Coastal Commission's suggested modifications, as set forth in this ordinance, is necessary to comply with the California Coastal Act and California Administrative Code; and WHEREAS, some of the California Coastal Commission suggested modifications are substantial modifications, however, as described in Zoning Ordinance Section 21.52.050 A.3. do not require further review by the city's Planning Commission. NOW, THEREFORE, the City Council ofthe City of Carlsbad does ordain as follows: SECTION I: That Section 21.41.020 (Definitions), Subsection 21.41.020 A.79. ofthe Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. CS-226, is modified to read as follows: 79. "Tall freestanding sign" means a monument or pole sign that is greater than fifteen feet in height. SECTION II: That Section 21.41.030 (Prohibited signs). Subsection 21.41.030 A.S. ofthe Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. CS- 226, is modified to read as follows: 8. Digital display signs; SECTION III: That Section 21.41.050 (Application and permit procedures). Subsection 21.41.050 A.S. ofthe Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. CS-226, is modified to read as follows: 5. In the Coastal Zone, unless otherwise exempt under applicable policies of the city's certified LCP, any person proposing signage governed by this Chapter shall also obtain a coastal development permit with the exception of a new wall sign or the change of copy of an existing wall sign both of which shall be exempt from this requirement. /// 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION IV: That Section 21.41.070 (General sign standards). Subsection 21.41.070 A.1. of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. CS-226, is modified to read as follows: A. Sign Area. 1. Sign area is computed as follows: a. Wall, Retaining Wall, 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, together with any material or color forming an integral part ofthe background ofthe message or display or otherwise used to differentiate the sign from the backdrop or structure against which it is placed. 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 ofthe 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 ofthe 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. e. Monument, Freestanding and Suspended Signs. i. Sign area shall be computed by measuringthe entire area contained within the frame, cabinet, monument, monument base or fixture. SECTION V: That Section 21.41.090 (Coastal zone sign standards). Subsection 21.41.090 A.2. ofthe Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. CS-226, is modified to read as follows: /// /// -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. 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 of this 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 facade sign. 2. Each shopping complex shall have only one directory sign which shall not exceed fifteen 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. SECTION VI: That Table "B" of Section 21.41.095 (Permitted permanent signs), of the Carlsbad Municipal Code (relating to Regional Commercial Centers), as previously approved pursuant to Ordinance No. CS-226, is modified to read as follows: Table B Permanent Signs Permitted by Type of Development and Zone With a Sign Permit Type of Type of Maximum Maximum Maximum Location Additional Development Sign 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 Regional Pole 1 per center 150 square 35 feet Primary 1. Pole sign Commercial feet per above project is allowed in Center sign average grade entrance or in a location approved by the city planner. addition to other signs permitted for Commercial Centers. /// /// /// 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 bythe 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 9th day of September 2014, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23'"^ day of September, 2014, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY CELIA A. BR Tuty Attorney ATTEST: BARBARA ENGLESON, Gity Clerk