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HomeMy WebLinkAbout2014-10-07; City Council; 21754; Amending Subsections 11.44.060 11.44.100 Additional Sign Design, Naming Communications Manager to Approve Way-Finding SignsCITY OF CARLSBAD - AGENDA BILL AB# 21,754 ADOPTION OF AN ORDINANCE AMENDING SUBSECTIONS 11.44.060 AND 11.44.100 OF THE CARLSBAD MUNICIPAL CODE FORTHE PURPOSES DEPT. DIRECTOR i^^J MTG. 10/07/14 ADOPTION OF AN ORDINANCE AMENDING SUBSECTIONS 11.44.060 AND 11.44.100 OF THE CARLSBAD MUNICIPAL CODE FORTHE PURPOSES CITY ATTORNEY DEPT. Clerk OF PROVIDING ADDITIONAL FLEXIBILITY IN SIGN DESIGN AND NAMING THE COMMUNICATIONS MANAGER AS AN ADDITIONAL PERSON AUTHORIZED TO APPROVE WAY-FINDING SIGNS CITY MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-262, amending subsections 11.44.060 and 11.44.100 of the Carlsbad Municipal Code for the 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: Ordinance No. CS-262 was introduced and first read at the City Council meeting held on September 23, 2014. The second reading allows the City Council to adopt the ordinance. The City Clerk will have the ordinance or a summary ofthe ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #21,745 on file in the Office ofthe City Clerk. ENVIRONMENTAL IMPACT: This action is exempt from the provisions of the 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. EXHIBIT: 1. Ordinance No. CS-262. DEPARTMENT CONTACT: Shelley Collins 760-434-2808 Shelley.Collins@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED b CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 ORDINANCE NO.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-262 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 of the City of Carlsbad, California, does ordain as follows: SECTION I: That subsection 11.44.060 of the Carlsbad Municipal Code is amended to read as follows: 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. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 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: 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 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 of the 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. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 23rd day of September 2014, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the 7th day of October 2014, by the following vote, to wit: AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney ATTEST: BARBAiRA^ENGLEidN, City CleriT ''OiiT^nsy^