HomeMy WebLinkAbout2022-03-08; City Council; ; Regulating Political and Noncommercial Signs in the Public Right-of-way (MCA 2022-0001/Pub 2022-0002)CITY COUNCIL
Staff Report
CA Review RK
Meeting Date: March 8, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jeff Murphy, Community Development Director
jeff.murphy@carlsbadca.gov, 442-339-2783
Subject: Regulating Political and Noncommercial Signs in the Public Right-of-way
(MCA 2022-0001/Pub 2022-0002)
District: All
Recommended Action
That the City Council:
1.Introduce an ordinance amending the Carlsbad Municipal Code Section 11.44.070,
which governs temporary political and other noncommercial signs in the public
right-of-way (Exhibit 2)
2.Adopt a resolution amending City Council Policy No. 65, which regulates signs on public
property (Exhibit 1)
Executive Summary
Since 2008, the city has allowed political and other noncommercial signsl to be placed along
major streets in commercial and industrial areas during campaign periods. However, due to
safety and enforcement issues, and concerns about the appropriateness of using public
property to promote political opinions, staff is recommending that Carlsbad Municipal Code
Section 11.44.070 and City Council Policy No. 65 be amended to prohibit temporary political
and other noncommercial signs within the public right-of-way. The city's rules for signs on
private property and in traditional public forum areas (e.g., a person holding a sign in a public
park) will remain unchanged.
Under City Council Policy Statement No. 1, all policies can only be adopted, amended or
rescinded by a resolution receiving four affirmative votes of the City Council.
1 "Noncommercial message" is defined as 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 (Carlsbad Municipal Code Section
21.41.020.A.53)
March 8, 2022 Item #6 Page 1 of 40
No signs in
median
No signs on
sidewalk or road
Discussion
Background
Carlsbad Municipal Code Chapter 11.44 and City Council Policy Statement No. 65 address issues
of private party signs on public property. Specifically, Section 11.44.070 of the municipal code
and Section Nine of City Council Policy No. 65 allow political and other noncommercial signs to
be placed along major streets in commercial and industrial areas (Exhibit 3).
The city charges $73 for a permit to post campaign signs in the right-of-way; one permit allows
for multiple signs. Signs may be placed only under the following conditions:
WHEN During a campaign period, defined as 30 days prior and five days
following election)
HOW BIG A maximum of 6 square feet per sign
HOW TALL Not less than 1 foot and not more than 5 feet above ground level,
measured to the top of the sign
HOW MANY No limit
WHERE • Public right of way in "commercial/industrial" zones and "major"
roads
•May not be attached to utility poles or boxes, traffic control signs
or device supports, trees, other signs, or bus benches
•May not be placed in the road, on a sidewalk, in a median strip or
in any portion of the public right-of-way or easement past the
sidewalk without the consent of the adjoining property owner or
possessor
•May not block any other permitted sign or obstruct public access,
such as sidewalks, or vehicle visibility
Public right of way
March 8, 2022 Item #6 Page 2 of 40
Challenges and issues
Over the years, particularly during recent elections, city staff have experienced several
challenges in enforcing the city's rules on political and other noncommercial signs in the public
right of way:
•While the city has prepared educational materials (Exhibit 4) to help candidates and
campaign volunteers better understand the requirements, city staff spend significant
resources each campaign season removing and returning unpermitted and/or illegal
signs. During the 2020 election, city staff removed more than 150 signs from the city's
right-of-way by for varying code violations.
•The messaging on political and other noncommercial signs is protected free speech
under the First Amendment of the U.S. Constitution, so, the city cannot regulate the
content of the signs and must allow for all campaign signs despite their messaging.
During past elections, particularly the 2020 election, the city received numerous
complaints about negative or anti-candidate signs. Because the message was considered
protected speech and the signs otherwise complied with the city's sign regulations, the
signs could remain in the public right-of-way. The city received complaints by some
members of the public that by allowing these signs in the public right-of-way, it created
a perception the city supports the messages on the signs.
•The public right-of-way often gets congested with numerous and competing signs. This
visual clutter becomes distracting to motorists and unsightly to residents,
businessowners and visitors using the public right-of-way.
•Signs in the public right-of-way can also be a safety hazard if they block the line of sight
of pedestrians, cyclists or motorists. Similarly, there is concern for the safety of the
individuals who are installing the signs, particularly along high-speed, heavily travelled
roads.
•Most jurisdictions in San Diego County do not allow political and other noncommercial
signs in the public right-of-way. As reflected in Exhibit 5, Carlsbad, Oceanside, Santee,
and Vista are the only cities in the county that permit signs in the public right-of-way.
Proposed amendments
To address the issues, staff recommend the City Council amend Section 11.44.070 of the
municipal code and Section Nine of City Council Policy Statement No. 65 to prohibit temporary
signs for elections and other noncommercial messages within the public right-of-way, on public
property or upon any public building or other publicly owned facility, including fences, walls,
utilities and landscaping. The proposed amendments are highlighted in exhibits 6 and 7.
The proposed amendments do not affect political or other noncommercial signs that can be
displayed at any time of year in areas considered traditional public forums, as long as a person
is holding the signs or is within 5 feet of the signs, among other rules. Traditional public forum
areas include locations such as public parks, city streets, public sidewalks and the exterior areas
around City Hall. Section 11.44.030 of the municipal code sets additional terms and conditions
for signs allowed in public forum areas. The proposed amendments also do not affect the city's
sign ordinance, which is located in Chapter 21.41 of the municipal code.
March 8, 2022 Item #6 Page 3 of 40
Additional non-substantive amendments are being proposed to Council Policy No. 65, as shown
in the attached version with the revisions highlighted (Exhibit 7).2 Educational materials have
also been updated to reflect the proposed changes (Exhibit 8).
Options
Staff offer the following options for the City Council's consideration:
1.Approve the proposed amendments, as recommended by staff.
The primary benefit of this option is it will address the challenges and issues discussed
above. The drawback to this option is it will eliminate some locations where signs can be
displayed on political and noncommercial topics.
2.Deny the proposed amendments and maintain current policy.
The primary benefit of this option is that it will continue to allow some right-of-way
locations where signs can be displayed on political and noncommercial topics. However,
the challenges and issues discussed in the staff report will also continue.
Fiscal Analysis
The current fee for a sign permit is $73. Based on the number of permits issued during the 2020
campaign season, roughly $1,680 in lost revenues is anticipated. However, staff resources will
no longer need to be spent reviewing applications and conducting enforcement sweeps. The
permit fee was used to partially offset those costs.
Next Steps
Following the City Council's introduction of the ordinance, it will be scheduled at the City
Council's next meeting for adoption. The ordinance will become effective 30 days after
adoption, citywide. The amendments to City Council Policy No. 65 will become effective
immediately upon adoption.
Environmental Evaluation
The proposed action that is being considered is covered by the general rule under California
Environmental Quality Act Guidelines 15061(b)(3), where the activity is covered by the common
sense exemption that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. The proposed action seeks to prohibit temporary signs
for elections and other noncommercial messages within the public right-of-way on public
property, or upon any public building or other publicly owned facility, including fences/walls,
utilities, and landscaping. Given the scope of the proposed action, it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environmental, and therefore is found not to be subject to CEQA.
Public Notification
This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for
public viewing and review at least 72 hours before the scheduled meeting date.
2 Neither Title 11 of the code nor City Council Policy No. 65 are part of the city's certified Local Coastal Program, so
any City Council action to adopt the ordinance will be final and not subject to Coastal Commission approval.
March 8, 2022 Item #6 Page 4 of 40
Exhibits
1.City Council resolution
2.Proposed ordinance
3.Map of streets allowing signs in the right-of-way
4.Educational materials regarding temporary political and other noncommercial signs
5.Sign allowances in other jurisdictions
6.Carlsbad Municipal Code Section 11.44.070, with proposed revisions highlighted
7.City Council Policy No. 65, with proposed revisions highlighted
8.Updated educational materials
March 8, 2022 Item #6 Page 5 of 40
EXHIBIT 1
RESOLUTION NO. 2022-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CITY COUNCIL POLICY No. 65 — SIGNS ON PUBLIC
PROPERTY
WHEREAS, on June 23, 2009 the City Council of the City of Carlsbad adopted revisions to City
Council Policy No. 65 regarding signs on public property; and
WHEREAS, Council Policy No. 65 and Carlsbad Municipal Code Section 11.44.070 allow certain
political and other noncommercial signs to be placed in the city right-of-way along major streets in
commercial and industrial areas during campaign periods and subject to certain limitations including
the requirement to have a sign permit; and
WHEREAS, enforcement of the temporary sign regulations has grown increasingly challenging
causing city staff to spend significant time and resources enforcing the regulations each campaign
season; and
WHEREAS, signs in the public right-of-way can be a safety hazard if they block the line of sight
of pedestrians, cyclists or motorists; and
WHEREAS, there is concern for the safety of the individuals who are installing the signs,
particularly along high-speed, heavily travelled roads; and
WHEREAS, by allowing signs in the city right-of-way, members of the public may perceive that
the city supports or sponsors the messages on those signs; and
WHEREAS, the visual clutter of political and other noncommercial signs in the public right-of-
way can be distracting to motorists and unsightly to residents, businessowners and visitors using the
public right-of-way; and
WHEREAS, amending City Council Policy No. 65 to prohibit the placement of temporary political
and other noncommercial signs in the public right-of-way will reduce enforcement issues, safety
concerns, public confusion and visual blight; and
EXHIBIT 1
WHEREAS, the city distributed a notice of intended decision to adopt the "Common Sense"
exemption, covered by the general rule under State CEQA Guidelines 15061(b)(3). The notice was
circulated for a 10-day period, which began on Feb.10, 2022 and ended on Feb. 22, 2022. The city did
not receive any comment letters on the CEQA findings and determination. The effective date and order
of the city planner CEQA determination was Feb. 22, 2022; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.Revised City Council Policy No. No. 65 - Signs on Public Property (Attachment A) is
adopted.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ath day of March, 2022, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Norby
NAYS: Hall
ABSENT: None
101/44( .
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Attachment A
Policy No. 65
Date Issued March 8, 2022
Resolution No. 2022-056
City Council
POLICY STATEMENT
Subject: Signs on public property
Purpose
To establish rules and regulations regarding signs on public property_ For purposes of this
policy, "Public Property" means property, real or personal, in which the City of Carlsbad holds
the present right of present possession and control, as well as all public rights of way.
Statement of policy
SECTION ONE: PROPRIETARY CAPACITY; CHANGES TO POLICY
In adopting this policy, the City Council acts in its proprietary capacity as to Public Property
within the city. This Policy Statement may be changed at a regular public meeting of the City
Council.
SECTION TWO: INTENT AS TO PUBLIC FORUM
The city declares its intent that all Public Property in the city shall not function as a designated
public forum, unless some specific portion of Public Property is designated herein as a public
forum of one particular type; in such case, the declaration as to public forum type shall apply
strictly and only to the specified area and the specified time period, if any.
SECTION THREE: SIGNS MUST BE PERMITTED OR EXEMPTED
No party other than the city may post, mount or display a "sign," as defined in the sign
ordinance, may be displayed on Public Property, unless a Public Property Sign Permit therefore
has first been issued, or the subject sign is expressly exempted from the Public Property Sign
Permit requirement by this Policy Resolution or another applicable Policy Resolution.
All Public Property Sign Permits must be consistent with the policies stated herein. Any sign
posted on Public Property within the city, contrary to the policies stated herein, may be
summarily removed as a trespass and a nuisance by the city.
SECTION FOUR: TEMPORARY POLITICAL, RELIGIOUS, LABOR PROTEST AND OTHER
NONCOMMERCIAL SIGNS IN TRADITIONAL PUBLIC FORUM AREAS
This section applies only when the Special Events Chapter of the Carlsbad Municipal Code does
not. In areas qualifying as traditional public forums, such as city streets, city parks and public
sidewalks, and the area immediately around the exterior of city hall, persons may display non-
City Council Policy Statement
Date
Page 2
commercial message signs thereon without first obtaining a Public Property Sign Permit,
provided that their sign display on Public Property conforms to all of the following:
1.The signs must be personally held by a person, or personally attended by one or more
persons. "Personally attended" means that a person is physically present within five feet
of the sign at all times.
2.The signs may be displayed only during the time period of sunrise to sunset.
3.The maximum aggregate size of all signs held by a single person is 10 square feet.
4.The maximum size of any one sign which is personally attended by two or more persons
is 50 square feet.
5.The displayed signs may not be inflatable or air-activated.
6.In order to serve the city's interests in traffic flow and safety, persons displaying signs
under this section may not stand in any vehicular traffic lane when a roadway is open
for use by vehicles, and persons displaying signs on public sidewalks must give at least
five feet width clearance for pedestrians to pass by.
SECTION FIVE: PUBLIC PROPERTY SIGN PERMITS; APPLICATION FORMS AND PROCEDURES
The Community Development Director shall prepare and make available to the public a form for
Application for a Public Property Sign Permit (Permit), which shall, when fully approved,
constitute a Permit and indicate the city's consent, in its proprietary capacity, for placement of
a sign. The applicant for the permit must be the same person or entity who is to be the owner
of the sign. The processing fee for each application, which shall not be refundable even if the
application is denied, shall be the same as the fee for a sign permit under the sign ordinance. To
each application form shall be attached a copy of this Policy Statement. The application form
shall require the applicant to indicate that he or she has received a copy of this Policy
Statement, and that they shall abide by its terms, as well as any special terms or conditions
which may be stated on the Permit, and to abide by any new or different conditions which may
be imposed on all permittees who are similarly situated.
Any Public Property Sign Permit issued in error may be summarily revoked by any officer of the
city, by simply informing the applicant of the nature of the error in issuance; any applicant
whose permit is revoked as issued in error may, at any time thereafter, submit a new permit
application which cures any deficiencies in the original application. The application fee shall
apply separately to each new application. Applications which fully comply with the terms and
conditions of this Policy Statement shall be duly issued. Applications which are denied, or
permits which are revoked or suspended, may be appealed in the same manner as denials of
sign permits, as described in the Sign Ordinance.
City Council Policy Statement
Date
Page 3
SECTION SIX: EXEMPTIONS FROM PERMIT REQUIREMENT
The following signs are exempted from the Permit requirement: Traffic control and traffic
directional signs erected by the city or another governmental unit; official notices required by
law; signs placed by the city in furtherance of its governmental functions; signs allowable under
Section Four of this Policy.
SECTION SEVEN: PERMITS FOR A-FRAME SIGNS IN CARLSBAD VILLAGE REVIEW AREA, BEARING
COMMERCIAL MESSAGES ONLY
1.INTENT AS TO PUBLIC FORUM
The areas and times controlled by this section are designated to constitute a limited
access, non-public forum which is strictly limited to commercial messages, and which is
open only to those persons described in this section and on the terms stated in this
section.
2.WHERE A-FRAMES MAYBE PLACED; PHYSICAL STANDARDS
"A-Frame" signs, as that term is defined in the sign ordinance, may be placed in
particular portions of the public right-of-way, within the Carlsbad Village area only,
namely, on the public sideway directly in front of the store or other establishment
displaying the sign.
Such signs may have no more than 2 display faces, every display face shall be a flat,
smooth surface, and remain completely free of dangerous protrusions such as tacks,
nails or wires however, cutouts of any shape are allowed. Sign faces shall be back to
back. No banners, ribbons, streamers, balloons, or attachments of any kind may be
affixed to the sign. The sign may not use any moving parts or include a display face
which is hinged, or which otherwise swings or hangs from a frame. No glass, breakable
materials or illumination is allowed. The signs shall be physically stable and balanced
flat on the sidewalk. The sign must be self- supporting, stable and weighted or
constructed to withstand overturning by wind or contact.
All such signs may be placed in the permitted space on the public right-of-way only
when the retail establishment is actually open for business. The sign must be placed
on the public sideway in a manner which maintains a clear pedestrian area of at least
five (5) feet over the entire length of the sidewalk in front of the business and be
located directly in front of the business which owns the sign.
Each display face shall have a maximum area of 15 square feet, and shall not exceed 5
feet in height or 3 feet in width. Changeable text area of the sign may not exceed 50%
of the display face. No such sign may have special illumination and the display portion
City Council Policy Statement
Date
Page 4
may have no parts which move, flash, blink or fluoresce. Fluorescent or "day glow"
colors are not allowed. No paper or non-rigid changeable text areas are allowed.
The sign shall not be permanently affixed to any object, structure, or the ground,
including utility poles, light poles, trees or other plants, or any merchandise of
products displayed outside permanent buildings.
At no time may the sign be placed in the street or in any position which impedes the
smooth and safe flow of vehicular and pedestrian traffic, or which interferes with
driver or pedestrian sight lines or corner clear zone requirements as specified by the
city. No sign shall be placed in such a manner as to obstruct access to a public
sidewalk, public street, driveway, parking space, fire door, fire escape or access for
persons with disabilities.
Signs shall not obscure or interfere with the effectiveness of any official notice or
public safety device. Signs shall not simulate in color or design a traffic sign or signal,
or make use of words, symbols, or characters in such a manner as may confuse
pedestrians or drivers.
Every sign and all parts thereof shall be kept in good repair. The display surface shall
be kept clean, neatly painted, and free from dust, rust and corrosion. Any cracked,
broken surfaces, missing sign copy or other unmaintained or damaged portion of a
sign shall be repaired or replaced or removed within 30 days following notice by the
city.
The copy on the sign must be strictly of a commercial nature, must not include copy or
messages pertaining to "noncommercial speech" as that term is defined in the Sign
Ordinance, and must refer or pertain to goods, activities or services which are actually
available in the subject store at the time the sign is displayed.
3. WHO MAY DISPLAY AN A-FRAME SIGN IN THE VILLAGE REVIEW AREA
The A-Frame Signs allowed by this section may be displayed only by the operators of a
business within the Village Review Zone, who hold a currently valid city business
license, who are not currently in violation of any of the zoning, land use,
environmental or business regulatory laws, rules or policies of the city.
Each eligible business location is allowed a maximum of one A-Frame sign. However,
when a business is located within a business arcade or courtyard area, in which case
only one "tenant directory" sign, which lists all of the businesses within the arcade or
courtyard, is allowed. The display area of the permitted A-Frame sign shall not count
as part of the total signage for the business, which is allowed under the Sign
Ordinance. However, all existing building signage for a business must conform to the
City Council Policy Statement
Date
Page 5
sign standards set forth within the Village Master Plan and Design Manual before a
permit will be approved for a sign on the public sidewalk.
4.TRANSFER OF PERMIT
The Permit attaches to the business at the location specified. If the business is sold or
transferred, and remains at the same location, then the Permit shall automatically
transfer to the new owner or transferee, who shall be bound to the terms and
conditions of the original Permit. However, if the business which first obtained the
Permit moves to a different location, or if the location is then taken by a new business, a
new application and Permit shall be required.
5.TERM OF CONSENT INDICATED BY PERMIT; REVOCATION AND RENEWAL
The Permit is revocable or cancelable at will bY the city. However, the city will cancel a
Permit without cause only when it does so to all permittees who are similarly situated.
Any Permit may be revoked for noncompliance, 30 calendar days after notice of
noncompliance remains uncured, or in the case of a noncompliance condition which
constitutes a threat to the public health, safety or welfare, summarily. When a Permit is
revoked, the owner of the sign must physically remove it from the public right of way
within 24 hours of notice of revocation; upon failure to do so, the city may summarily
remove the sign and 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 policy stated herein. Permittees hold no
expectation of renewal of any given Permit, acquire no vested right to continue
displaying the sign on public land, and waive all claims of inverse condemnation
(uncompensated taking of private property) as to the permitted sign, when they submit
the original application.
6.TEMPORARY REMOVAL
The city may give notice, by any reasonable means, that consent to display an A-frame is
or shall be withdrawn temporarily so as to serve a more urgent or more important
public need, such as, without limitation, dealing with a natural disaster, a traffic
emergency, a temporary need to make more space available on the public right-of-way,
a civil disturbance, a parade, an election, or other special event In urgent situations, the
city may summarily remove a permitted sign without notice, for a time sufficient to deal
with the urgency. All permittees shall comply with all notices to temporarily remove the
permitted signs, and to return them to display only in accordance with the city's
directions.
City Council Policy Statement
Date
Page 6
7.INSURANCE AND INDEMNITY
A permit under this section will be issued only to an applicant who provides evidence of
comprehensive general liability Insurance coverage, in a form satisfactory to the
Community Development Director and the Risk Manager, which shall name the City of
Carlsbad as an additional insured and provide thirty-day notice of cancellation. The
minimum liability coverage on such policy shall be one million dollars; such coverage
shall apply to claims of personal injury including death, property damage and advertising
injury. Application for a Permit shall constitute an agreement to hold harmless, defend
and indemnify the City of Carlsbad against all claims relating to property damage or
personal injury, including death, which assert that the permitted sign played any legally
significant role in the creation of the liability.
8.CANCELLATION OR MODIFICATION OF PROGRAM
The city and/or Housing Commission may, at any time and for any reason, cancel or
modify this program allowing commercial A-Frame signs in the public right-of-way in the
Village Review Area.
SECTION EIGHT: REAL ESTATE FOR SALE "KIOSK" SIGNS IN PARTICULAR LOCATIONS
1.INTENT AS TO PUBLIC FORUM
The city's intent as to this section is to designate a strictly limited public forum, which
allows only the posting in convenient places of directional information regarding tract
housing developments which are currently selling homes located within the city.
2.KIOSK SIGNS FOR NEW TRACT HOUSING DEVELOPMENTS
Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height, 7
feet in width, which contain modular information strips, not exceeding 10 inches in
height, 6 feet in width, providing information about tract housing developments (of
more than 4 units) which are currently selling new homes located within the city. Such
signs may display only the following information: the name of the development,
developer and/or marketer thereof, and the direction to the development from the
sign.
Each kiosk will have "City of Carlsbad" and the city logo displayed in a prominent
location on the sign.
One kiosk design will be utilized throughout the city. This kiosk design is on file in the
Planning Department. All tract housing development signs mounted on the kiosks shall
be the same design and shall be white wood with black reflective lettering. Letters shall
City Council Policy Statement
Date
Page 7
be consistent in size, width and thickness of print. Letters shall be all upper case letters
not more than 6 inches in height.
Individual tract housing development directional signs shall be approved by the Planning
Director prior to mounting on a kiosk to ensure compliance with this section. In no case
shall a sign be mounted on a kiosk before building permits have been issued for the
model homes.
There shall be no additions, tag signs, streamers, devices, display boards, or
appurtenances added to the sign as originally approved. Further, no other off-site
directional signing may be used such as posters, trailer signs or temporary subdivision
directional signs.
Any sign placed contrary to the provisions of this section may be removed by the city
without prior notice.
Each approved tract housing development may have up to a maximum of 8 directional
signs. Upon approval by the Planning Director, directional signs shall be permitted until
the homes within the housing development are sold or for a period of one year,
whichever comes first. Extensions not exceeding one year may be granted by the
Planning Director.
A neighborhood shall not be allowed any directional kiosk signs if there are any other
offsite signs advertising the housing development anywhere in the city. If any
advertising signs are erected and not promptly removed upon demand by the city, all
kiosk signs for that subdivision shall be removed, the lease cancelled and no refund
given.
3. PRIVATE CONTRACTOR FOR MANAGEMENT OF THE KIOSKS
The city may enter into a contract with a private contractor to design, erect, modify,
replace, maintain and manage the kiosk signs allowed by this section. Such contract
must be approved by the City Council and may require that the contractor pay to the
city a rent or royalty on advertising revenues. All the terms of said contract, and all
payments to the city hereunder, shall be public information.
4_ INSURANCE REQUIREMENT
In the event the city selects a private party contractor to manage the kiosks, the city
may require the private party contractor to provide evidence of comprehensive general
liability insurance coverage, in a form satisfactory to the Community Development
Director, which shall name the city as an additional insured, and provide 30-day notice
to the city of cancellation. The minimum liability coverage on such policy shall be one
million dollars. Any private party contract must include a provision for the contractor to
City Council Policy Statement
Date
Page 8
hold harmless, defend and indemnify the city against all claims relating to property
damage or personal injury, including death, which assert that the kiosk sign played any
legally significant role in the creation of the liability.
5. ALLOWABLE LOCATIONS
The kiosks allowed by this section may be located only as shown on Attachment A.
SECTION NINE: TEMPORARY POLITICAL AND OTHER NONCOMMERCIAL SIGNS IN THE PUBLIC
RIGHT-OF-WAY
Temporary political and other noncommercial signs are not permitted within the public right-
of-way (except as otherwise provided in this policy or the Carlsbad Municipal Code), on public
property, or upon any public building or other publicly owned facility, including fences, walls,
utilities and landscaping.
SECTION TEN: SIGNAGE ASSOCIATED WITH SPECIAL EVENTS
When the city allows a special event, 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 "Promotional" signs as
described in the Carlsbad Municipal Code.
Signs within the venue shall conform to size requirement and may only be posted during the
time authorized in the Special Event Permit.
SECTION ELEVEN: LAMP POST BANNERS
City-owned lamp posts are reserved for the exclusive use of the city and the Redevelopment
Agency to display its own messages and images. The specifics regarding the use of such space
for display of banners is delegated to the City Manager or designee, who may detail such
specifics in administrative directives.
Banners may be installed by the City of Carlsbad on selected light standards and/or traffic
signals within the city. These banners shall be for the advertisement and/or promotion of
events and/or programs which are officially sponsored or co-sponsored and financially
supported by the City of Carlsbad. The banners shall not include any commercial advertisement
for any individual business or private, non-city organization.
Exhibit 2
ORDINANCE NO. CS-416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTION 11.44.070
— TEMPORARY POLITICAL AND OTHER NONCOMMERCIAL SIGNS IN THE
PUBLIC RIGHT-OF-WAY
WHEREAS, in accordance with Carlsbad Municipal Code Section 11.44_070 and City Council
Policy No. 65, the city has allowed certain political and other noncommercial signs to be placed in the
city right-of-way along major streets in commercial and industrial areas during campaign periods and
subject to certain limitations including the requirement to have a sign permit; and
WHEREAS, enforcement of the temporary sign regulations has grown increasingly challenging
causing city staff to spend significant time and resources enforcing the regulations each campaign
season; and
WHEREAS, signs in the public right-of-way can be a safety hazard if they block the line of sight
of pedestrians, cyclists or motorists; and
WHEREAS, there is concern for the safety of the individuals who are installing the signs,
particularly along high-speed, heavily travelled roads; and
WHEREAS, by allowing signs in the city right-of-way, members of the public may perceive that
the city supports or sponsors the messages on those signs; and
WHEREAS, the visual clutter of political and other noncommercial signs in the public right-of-
way can be distracting to motorists and unsightly to residents, businessowners and visitors using the
public right-of-way; and
WHEREAS, prohibiting the placement of temporary political and other noncommercial signs in
the public right-of-way will reduce enforcement issues, safety concerns, public confusion and visual
blight; and
WHEREAS, the city distributed a notice of intended decision to adopt the "Common Sense"
exemption, covered by the general rule under State CEQA Guidelines 15061(b)(3). The notice was
circulated for a 10-day period, which began on Feb.10, 2022 and ended on Feb. 22, 2022. The city did
not receive any comment letters on the CEQA findings and determination. The effective date and order
of the city planner CEQA determination was Feb. 22, 2022; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1.The above recitations are true and correct.
2.Carlsbad Municipal Code Section 11_44.070 is amended to read as follows:
11.44.070 Temporary political and other noncommercial signs in the public right-of-way.
Temporary political and other noncommercial signs are not permitted within the public right-
of-way (except as otherwise provided in this chapter), on public property, or upon any public
building or other publicly owned facility, including fences, walls, utilities and landscaping.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 8 day
of March , 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the day of , 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Right-of-way
Signs 1044r--
Noncommercial signs, including
campaign signs, are allowed 30 days
before and 5 days after an election
in the public rights-of-way along
major roads and in the city's
commercial/industrial areas. Signs
are not allowed in street medians.
Where campaign signs
are allowed in the
public rights-of-way.
Pacific Ocean
"
cn
(City of
Carlsbad
Non-CommeMar3Iting)16122nt Map Carlsbad Municipal Code Chapter 11.44 Item #6 PagevietkAabadca.gov
Maximum 6 ft. above
ground level other
than front yard Maximum 3.5 ft.
above ground level
in front yard Signs may not be placed within
10 ft. of the curb/street 1 1
Local Rules for Political Signs
Exhibit 4
(City of
Carlsbad
The City of Carlsbad allows political and other noncommercial signs under various conditions,
depending on whether the sign is on private property, along a major street in a commercial area
("public right-of-way") or in a traditional public forum area, such as a public park or outside City Hall.
Please review Carlsbad Municipal Code Chapter 11.44 (Private Party Signs on City Property) and
Chapter 21.41 (Sign Ordinance) for full details.
Private property
CMC Section 21.41.040
You may put political signs or any other noncommercial* signs on residential and non-residential
property year-round with the permission of the property owner. The maximum allowable size
increases during campaign periods.
Year-round
Except campaign periods
During a campaign period
30 days prior and 5 days following an election
Permit required • No. Need property owner
permission
• Same
Type and max size • 8 sq. ft. total signage per residential
unit or nonresidential establishment
• 10 sq. ft. total signage per residential
unit or nonresidential establishment
• Wall, freestanding or window sign** • The additional 2 sq. ft. must be a
• Sign may not be illuminated
freestanding sign
Where • 10 feet in from the curb*** • Same
Height • Front yard - not more than 3.5 ft.
above ground level measured to the
top of the sign
• Same
• Elsewhere - not more than 6 ft. above
ground level measured to the top of
the sign
"See CMC Section 21.41.020(A)(53) for definition of "noncommercial message"
Flags are also permitted on residential ano' nonresidential property, see CMC Section 21.41.040 Table A for rules
"""Signs my not be in the public right-of-way on residential streets (usually about 10 feet from the curb or street edge)
March 8, 2022 Item #6 Page 20 of 40
Hold your sign Stand within 5 ft.
Traditional public forum areas
CMC Section 11.44.030
Political or other noncommercial signs may be displayed at any time of year in areas considered
traditional public forums, as long as a person is holding the signs or within 5 feet of the signs, among
other rules. Traditional public forum areas include locations such as public parks, city streets, public
sidewalks and the exterior areas around City Hall.
Permit required • No
When • Sunrise to sunset*
Type • Each sign must be personally held or a person must be physically within 5 ft. of
the sign at all times
•No inflatable signs
Max size • 10 sq. ft. total for all signs held by a single person
•Max size of any one sign personally attended by two or more persons is 50 sq.
ft.
Where •Traditional public forums, such as public parks, city streets, public sidewalks
and exterior areas around City Hall
•People displaying signs may not stand in any vehicular traffic lane that is in use
•People displaying signs on public sidewalks must give 5 ft. clearance for
pedestrians
Height • Not regulated
*Some exceptions apply, see CMC Sections 11.44.030(W and 11.44.030(G)
Updated 09-23-20 2
March 8, 2022 Item #6 Page 21 of 40
Along major nonresidential city streets (public right-of-way)
CMC Section 11.44.070
Political and other noncommercial signs may be placed along major streets in commercial and
industrial areas (see map on next page) only with a permit and only during campaign periods.
When • During a campaign period (30 days prior and 5 days following an election)
Permit required • Yes. $67
•Call 760-602-4610 or go the city's website and search for the P-11(B) permit
application
Type and max size • Sign must be able to withstand normal weather conditions for period of display
and mounted so it won't blow away
•6 sq. ft. per sign
Where • Public right-of-way in "commercial/industrial" zones and "major" roads (see
map on p. 4)
•May not attach to utility poles or boxes, traffic control signs or device supports,
trees, other signs or bus benches
•May not place in the road, on a sidewalk, in a median strip or in any portion of
the public right-of-way or easement past the sidewalk without consent of
adjoining property owner/possessor
•May not block any other permitted sign or obstruct public access, such as
sidewalks, or vehicle visibility
Height • Not less than 1 ft. above ground level and not more than 6 ft. above ground
level measured to the top of the sign
No signs in
median
No signs on
sidewalk or road
Enforcement
For clarification of campaign sign rules or to report a violation, please call Code Enforcement,
760-602-2703. Any violation of the city's sign ordinances may result in a request to remove the
violating sign(s) (on private property), immediate removal of the signs (on city property) and/or the
issuance of an administrative citation.
Updated 09-23-20 3
March 8, 2022 Item #6 Page 22 of 40
Right-of-way
Signs
Noncommercial signs, including
campaign signs, are allowed 30 days
before and 5 days after an election
in the public rights-of-way along
major roads and in the city's
commercial/industrial areas. Signs
are not allowed in street medians.
Where campaign signs
are allowed in the
public rights-of-way.
(City of
Carlsbad
Non-CommeMar122er22nt Map Carlsbad Municipal Code Chapter 11.44 Item #6 Pagedavia4abadca.gov
Common Sign Sizes
The city's sign rules specify the total square footage of signs allowed and in some cases the
maximum allowable size of a single sign. Below are the square footage calculations for
common sign sizes.
36 in
24 in
6 sq. ft.
4 sq. ft.
48 in
8 sq. ft.
48 in
10 sq. ft.
18 in
1.5 sq. ft.
24 in
3 sq. ft.
30 in
3.75 sq. ft. c
oo
Updated 09-23-20 5
March 8, 2022 Item #6 Page 24 of 40
EXHIBIT 5
REGULATIONS RE NONCOMMERCIAL SIGNS IN PUBLIC RIGHT-OF-WAY
IN SAN DIEGO COUNTY
Cities that Allow Temporary Signs in the Public Right-Of-Way
City Time Period Other Limits
CARLSBAD 30 days prior and 5 days after an election Requires a sign permit.
Size limit of 6 square feet per sign
OCEANSIDE 30 days prior and 5 days after an election Requires sign permit
Size limit of 6 square feet per sign
SANTEE Allowed for 45 calendar days per year and
must be removed within 10 days of any
event relating to the sign (e.g. an election)
Size limit of 32 square feet per sign
VISTA 35 days prior and 5 days after an election Size limit of 6 square feet per sign
Cities that Do Not Allow Temporary Signs in the Public Right-Of-Way
CHULA VISTA
DEL MAR
ENCINITAS
ESCONDIDO
IMPERIAL BEACH
LA MESA
LEMON GROVE
NATIONAL CITY
PD WAY
CITY OF SAN DIEGO
COUNTY OF SAN DIEGO
SAN MARCOS
SOLANA BEACH
March 8, 2022 Item #6 Page 25 of 40
Exhibit 6
11.44.070 Temporary political and other noncommercial signs in the public right-of-way
dtifiag-ea-mpaigil-perieds.
Temporary political and other noncommercial signs are not permitted within the public right-of-
way (except as otherwise provided in this chapter), on public property, or upon any public
building or other publicly owned facility, including fences, walls, utilities and landscaping.
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
disiatay-oppeft-u4ities-affer-ded-lay-t1=14.s-sectieci-aFe-i-R-addi-t-ien4e-th-ese in the sign ordinance
which allow noncommercial speech at all times.
137—TeFapar-ar-y-N-e-ReemefieFei-a-14ign-Fter-Fait*-Apialk-a-t-i.941-F-E4445-a4d-Pf-GC-11461-r-e67--The-pc-GGeekwe
of-a-temporary
1.The zoning enforcement officer shall provide notice in the temporary noncommercial
sign permit application to candidates and/or their state/local campaign committee
chairs for national, state, local or county office and chairs of campaign committees for
or against any measure appearing on the ballot for a statewide, local or county election
of the temporary campaign sign requirements as provided herein.
2.Prior to the posting of any temporary noncommercial signs in the public right of way
(excluding median strips), the candidate, the chair of a campaign committee or any
ether--per-se+r-des4Fra-ted-lay-t-he-earadietate-er-c-44air--whe-is-Fespensib4e-fa-r--thie-post44g
of said sign, shall obtain a temporary noncommercial sign permit. The permit, on a form
prescribed by the city, shall include the name, address and phone number of the
candidate or campaign chair and any person responsible for the posting of signs. The
the signs.
C.Time Period. The signs allowable under this section may be displayed only during the period
of time, 30 days preceding and five days following a general, special or primary election. All
political and other noncommercial message signs must be removed from the public right
of way, by the permittee or designee, not more than five days after the election.
D.Locations. This section allows the display of signs expressing political or other
noncommercial messages. T-h-e-sign-s-al.lowalate-u4der-th-is-gectiak-may-lae-pl-aeed-i4a-the-p444alie
right of way (excluding median strips) adjacent to the public streets identified on the city
council approved campaign sign placement map on file with the planning division.
E.Persons Who May Receive a Permit under this Sec-tion,-Anl-per-sen-w4e-wi44-aJaide-lay-the
terms and conditions of this section may receive a permit. Removal, defacement, alteration,
obliteration, destruction or tampering with signs permitted under this policy without the
permission of the owner is prohibited. Such signs may Rest-lae-pla4e€14n-suc-h-a-FaaRRer-as-to
obscure or cover, in whole or in part, any other sign permitted under this section.
F.Physical Requirements. Signs which are allowable under this section may not exceed six
square feet in disp4ay area, must be made of materials and construction methods to
March 8, 2022 Item #6 Page 26 of 40
Exhibit 6
wit-h-stand-no-rmal-weather conditions for-the-period of display, and mounted in such a
manner-that-t-h-e,y,-v44-1-1--nat-be-b-lown-away-e-r-dri-stadge-el-lay-n-er-m-al-we-ath-e-r-a-nd-el-i-n4ate
conditions for th-e-a-ne-a,-E-a-en-s-ign-Fn-u-st-be-m-e4+nted-at least one foot above grade, and-Re
414-gber than six feet above the grade-.-Peffnitteel-sign-s-may-net-be-spec4a-lly illuminated.
No sign shall be:
1.Attached to any utility pole, box or standard, bus bench, pole or structure supporting a
traf-fi-c-ee-nt-re1-5ign-er-eler-eeti-ig-lat, traffic si_nal), or 3-11-y-fi-re hydrant.
2.PI-aced on any tree or .sh-nub-lay-an-y nail, tack, spike or ot-ne-r-rn-et-ho c-a4se
physical harm to the tree or shrub.
3,-Pl-aeed-i-n-s-u-e-h-a-m-anne-r-a-s-te-elastfuet-t-he-bu-19lic use of the sidewalk or interfere w-it-f4
the-‘4sibility-ef-per-seins-eperating-n-i-eter---v-e-h-icles or Gans.tit-hi-t-e-a-h-a-zand-te-p-e-Fson-s
using the public road right of way.
4.Placed in the roadway or on the sidewalk.
5.Placed in a median strip.
6.Placed in that portion-af the pub-l-ic--n-g4R-t--4-way-e-r-ease-Fn-ent-p-ast the sidewalk without
t-11-e-C-4349e44t-et-414e-a-elfe4-ni-ng-p-ne-be-r-ty-GWRe-r--9-H4er-5-9-1,141:1-passession if different than
the owner.
conform4e-thls-&ection
iss-bieel-u-nden-tn-i-s-seet-i mmarily removed by the city-i+pen-el-isee e
40-11-0041-fer-Ma
Ma rch 8, 2022 Item #6 Page 27 of 40
Page 1 of 10
Date Issued 6/23/09 COUNCIL POLICY STATEMENT
Exhibit 7
Effective Date IMMEDIATELY
Cancellation Date UNTIL SUPERCEDED
Supersedes No. 65. dated 3/4/08
General Subject: Signs on Public Property
Specific Subject:
CITY OF CARLSBAD
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
SECTION ONE: PROPRIETARY CAPACITY; CHANGES TO POLICY
In adopting this policy, the City Council acts in its proprietary capacity as to Public Property within the City.
This Policy Statement may be changed at a regular public meeting of the City Council.
SECTION TWO: INTENT AS TO PUBLIC FORUM
The City declares its intent that all Public Property in the City shall not function as a designated public forum,
unless some specific portion of Public Property is designated herein as a public forum of one particular type; in
such case, the declaration as to public forum type shall apply strictly and only to the specified area and the
specified time period, if any.
SECTION THREE: SIGNS MUST BE PERMITTED OR EXEMPTED
No party other than the City may post, mount or display a "sign," as defined in the sign ordinance, may be
displayed on Public Property, unless a Public Property Sign Permit therefore has first been issued, or the
subject sign is expressly exempted from the Public Property Sign Permit requirement by this Policy Resolution
or another applicable Policy Resolution. For purposes of this provision, a "Public Property" means property,
real or personal, in which the City of Carlsbad anclier--the-Garisbad-Radevelopmant-Agency holds the present
right of present possession and control, as well as all public rights of way.
All Public Property Sign Permits must be consistent with the policies stated herein. Any sign posted on Public
Property within the City, contrary to the policies stated herein, may be summarily removed as a trespass and a
nuisance by the City.
SECTION FOUR: TEMPORARY POLITICAL, RELIGIOUS, LABOR PROTEST AND OTHER
NONCOMMERCIAL SIGNS IN TRADITIONAL PUBLIC FORUM AREAS
This section applies only when the Special Events Chapter of the Carlsbad Municipal Code does not. In areas
qualifying as traditional public forums, such as city streets, city parks and public sidewalks, and the area
immediately around the exterior of city hall, persons may display non-commercial message signs thereon
without first obtaining a Public Property Sign Permit, provided that their sign display on Public Property
conforms to all of the following:
1.The signs must be personally held by a person, or personally attended by one or more persons. "Personally
attended" means that a person is physically present within five feet of the sign at all times.
2.The signs may be displayed only during the time period of sunrise to sunset.
3.The maximum aggregate size of all signs held by a single person is 10 square feet.
4.The maximum size of any one sign which is personally attended by two or more persons is 50 square feet.
March 8, 2022 Item #6 Page 28 of 40
Page 2 of 10
Date Issued 6/23/09 COUNCIL POLICY STATEMENT
Policy No. 65
Effective Date IMMEDIATELY
Cancellation Date UNTIL SUPERCEDED
Supersedes No. 65. dated 3/4/08
General Subject: Signs on Public Property
Specific Subject:
CITY OF CARLSBAD
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
5.The displayed signs may not be inflatable or air-activated.
6.In order to serve the City's interests in traffic flow and safety persons displaying signs under this section
may not stand In any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying
signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by.
SECTION FIVE: PUBLIC PROPERTY SIGN PERMITS; APPLICATION FORMS AND PROCEDURES
The Community Development Director shall prepare and make available to the public a form for Application for
a Public Property Sign Permit (Permit), which shall, when fully approved, constitute a Permit and indicate the
City's consent, in its proprietary capacity, for placement of a sign. The applicant for the permit must be the
same person or entity who is to be the owner of the sign. The processing fee for each application, which shall
not be refundable even if the application is denied, shall be the same as the fee for a sign permit under the
sign ordinance. To each application form shall be attached a copy of this Policy Statement. The application
form shall require the applicant to indicate that he or she has received a copy of this Policy Statement, and
that they shall abide by its terms, as well as any special terms or conditions which may be stated on the
Permit, and to abide by any new or different conditions which may be imposed on all permittees who are
similarly situated.
Any Public Property Sign Permit issued in error may be summarily revoked by any officer of the City, by simply
informing the applicant of the nature of the error in issuance; any applicant whose permit is revoked as issued
in error may, at any time thereafter, submit a new permit application which cures any deficiencies in the
original application. The application fee shall apply separately to each new application. Applications which
fully comply with the terms and conditions of this Policy Statement shall be duly issued. Applications which are
denied, or permits which are revoked or suspended, may be appealed in the same manner as denials of sign
permits, as described in the Sign Ordinance.
SECTION SIX: EXEMPTIONS FROM PERMIT REQUIREMENT
The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs
erected by the City or another governmental unit; official notices required by law; signs placed by the City in
furtherance of its governmental functions; signs allowable under Section Four of this Policy.
SECTION SEVEN: PERMITS FOR A-FRAME SIGNS IN CARLSBAD VILLAGE REVIEW AREA,
BEARING COMMERCIAL MESSAGES ONLY
1. INTENT AS TO PUBLIC FORUM
The areas and times controlled by this section are designated to constitute a limited access, non-public forum
which is strictly limited to commercial messages, and which is open only to those persons described in this
March 8, 2022 Item #6 Page 29 of 40
Page 3 of 10
Policy No. 65
Date Issued 6/23/09
Effective Date IMMEDIATELY
Cancellation Date UNTIL SUPERCEDED
Supersedes No. 65. dated 3/4/08
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
section and on the terms stated in this section.
2. WHERE A-FRAMES MAY BE PLACED; PHYSICAL STANDARDS
" A-Frame" signs, as that term is defined in the sign ordinance, may be placed in particular portions of the
public right-of-way, within the Carlsbad Village area only, namely, on the public sideway directly in front of the
store or other establishment displaying the sign.
Such signs may have no more than 2 display faces, every display face shall be a flat, smooth surface, and
remain completely free of dangerous protrusions such as tacks, nails or wires however, cutouts of any shape
are allowed. Sign faces shall be back to back. No banners, ribbons, streamers, balloons, or attachments of
any kind may be affixed to the sign. The sign may not use any moving parts or include a display face which is
hinged, or which otherwise swings or hangs from a frame. No glass, breakable materials or illumination is
allowed. The signs shall be physically stable and balanced flat on the sidewalk. The sign must be self-
supporting, stable and weighted or constructed to withstand overturning by wind or contact.
All such signs may be placed in the permitted space on the public right-of-way only when the retail
establishment is actually open for business. The sign must be placed on the public sideway in a manner which
maintains a clear pedestrian area of at least five (5) feet over the entire length of the sidewalk in front of the
business and be located directly in front of the business which owns the sign.
Each display face shall have a maximum area of 15 square feet, and shall not exceed 5 feet in height or 3 feet
in width. Changeable text area of the sign may not exceed 50% of the display face. No such sign may have
special illumination and the display portion may have no parts which move, flash, blink or fluoresce.
Fluorescent or "day glow" colors are not allowed. No paper or non-rigid changeable text areas are allowed.
The sign shall not be permanently affixed to any object, structure, or the ground, including utility poles, light
poles, trees or other plants, or any merchandise of products displayed outside permanent buildings.
At no time may the sign be placed In the street or in any position which impedes the smooth and safe flow of
vehicular and pedestrian traffic, or which interferes with driver or pedestrian sight lines or corner clear zone
requirements as specified by the City. No sign shall be placed in such a manner as to obstruct access to a
public sidewalk, public street, driveway, parking space, fire door, fire escape or access for persons with
disabilities.
Signs shall not obscure or interfere with the effectiveness of any official notice or public safety device. Signs
shall not simulate in color or design a traffic sign or signal, or make use of words, symbols, or characters in
such a manner as may confuse pedestrians or drivers.
March 8, 2022 Item #6 Page 30 of 40
Page 4 of 10
Policy No. 65
Date Issued 6/23/09
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Effective Date IMMEDIATELY
Cancellation Date UNTIL SUPERCEDED
Supersedes No. 65. dated 3/4/08
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
Every sign and all parts thereof shall be kept in good repair. The display surface shall be kept clean, neatly
painted, and free from dust, rust and corrosion. Any cracked, broken surfaces, missing sign copy or other
unmaintained or damaged portion of a sign shall be repaired or replaced or removed within 30 days following
notice by the City.
The copy on the sign must be strictly of a commercial nature, must not include copy or messages pertaining to
"noncommercial speech" as that term is defined in the Sign Ordinance, and must refer or pertain to goods,
activities or services which are actually available in the subject store at the time the sign is displayed.
3.WHO MAY DISPLAY AN A-FRAME SIGN IN THE VILLAGE REVIEW AREA
The A-Frame Signs allowed by this section may be displayed only by the operators of a business within the
Village Review Zone, who hold a currently valid City business license, who are not currently in violation of any
of the zoning, land use, environmental or business regulatory laws, rules or policies of the City.
Each eligible business location is allowed a maximum of one A-Frame sign. However, when a business is
located within a business arcade or courtyard area, in which case only one "tenant directory" sign, which lists
all of the businesses within the arcade or courtyard, is allowed. The display area of the permitted A-Frame
sign shall not count as part of the total signage for the business, which is allowed under the Sign Ordinance.
However, all existing building signage for a business must conform to the sign standards set forth within the
Village Master Plan and Design Manual before a permit will be approved for a sign on the public sidewalk.
4.TRANSFER OF PERMIT
The Permit attaches to the business at the location specified. If the business is sold or transferred, and
remains at the same location, then the Permit shall automatically transfer to the new owner or transferee, who
shall be bound to the terms and conditions of the original Permit. However, if the business which first obtained
the Permit moves to a different location, or if the location is then taken by a new business, a new application
and Permit shall be required.
5.TERM OF CONSENT INDICATED BY PERMIT; REVOCATION AND RENEWAL
The Permit is revocable or cancelable at will by the City. However, the City will cancel a Permit without cause
only when it does so to all permittees who are similarly situated. Any Permit may be revoked for
noncompliance, 30 calendar days after notice of noncompliance remains uncured, or in the case of a
noncompliance condition which constitutes a threat to the public health, safety or welfare, summarily. When a
Permit is revoked, the owner of the sign must physically remove it from the public right of way within 24 hours
of notice of revocation; upon failure to do so, the City may summarily remove the sign and hold it in storage
March 8, 2022 Item #6 Page 31 of 40
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 5 of 10
Policy No. 65
Date Issued 6/23/09
Effective Date IMMEDIATELY
Cancellation Date UNTIL SUPERCEDED
Supersedes No. 65. dated 3/4/08
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
until all costs of removal and storage are paid by the sign owner, upon which condition the sign shall then be
returned to its owner. There is no guarantee that the City will continue the policy stated herein. Permittees
hold no expectation of renewal of any given Permit, acquire no vested right to continue displaying the sign on
public land, and waive all claims of inverse condemnation (uncompensated taking of private property) as to the
permitted sign, when they submit the original application.
6.TEMPORARY REMOVAL
The City may give notice, by any reasonable means, that consent to display an A-frame is or shall be
withdrawn temporarily so as to serve a more urgent or more important public need, such as, without limitation,
dealing with a natural disaster, a traffic emergency, a temporary need to make more space available on the
public right-of-way, a civil disturbance, a parade, an election, or other special event. In urgent situations, the
City may summarily remove a permitted sign without notice, for a time sufficient to deal with the urgency. All
permittees shall comply with all notices to temporarily remove the permitted signs, and to return them to
display only in accordance with the City's directions.
7.INSURANCE AND INDEMNITY
A Permit under this section will be issued only to an applicant who provides evidence of comprehensive
general liability Insurance coverage, in a form satisfactory to the Hetiskg-aftel-Redevelepment Community
Development Director and the Risk Manager, which shall name the City and Gags-bad-Redevelepmen-t-Ageffey
as an additional insured and provide thirty-day notice of cancellation. The minimum liability coverage on such
policy shall be one million dollars; such coverage shall apply to claims of personal Injury Including death,
property damage and advertising injury. Application for a Permit shall constitute an agreement to hold
harmless, defend and indemnify the City and Carlf.tad Redevelopment Agency against all claims relating to
property damage or personal injury, including death, which assert that the permitted sign played any legally
significant role in the creation of the liability.
8.CANCELLATION OR MODIFICATION OR PROGRAM
The City and/or Housing al:Id-Redevelop-mar:A Commission may, at any time and for any reason, cancel or
modify this program allowing commercial A-Frame signs in the public right-of-way in the Village Review Area.
SECTION EIGHT: REAL ESTATE FOR SALE "KIOSK" SIGNS IN PARTICULAR LOCATIONS
1. INTENT AS TO PUBLIC FORUM
The City's intent as to this section is to designate a strictly limited public forum, which allows only the posting
in convenient places of directional information regarding tract housing developments which are currently
March 8, 2022 Item #6 Page 32 of 40
Page 6 of 10
Policy No. 65
Date Issued 6/23/09
Effective Date IMMEDIATELY
Cancellation Date UNTIL SUPERCEDED
Supersedes No. 65. dated 3/4/08
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
selling homes located within the City.
2. KIOSK SIGNS FOR NEW TRACT HOUSING DEVELOPMENTS
Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height, 7 feet in width, which
contain modular information strips, not exceeding 10 inches in height, 6 feet in width, providing information
about tract housing developments (of more than 4 units) which are currently selling new homes located within
the City. Such signs may display only the following information: the name of the development, developer
and/or marketer thereof, and the direction to the development from the sign.
Each kiosk will have "City of Carlsbad" and the city logo displayed in a prominent location on the sign.
One kiosk design will be utilized throughout the city. This kiosk design is on file in the Planning Department. All
tract housing development signs mounted on the kiosks shall be the same design and shall be white wood
with black reflective lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be
all upper case letters not more than 6 inches in height.
Individual tract housing development directional signs shall be approved by the Planning Director prior to
mounting on a kiosk to ensure compliance with this section. In no case shall a sign be mounted on a kiosk
before building permits have been issued for the model homes.
There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign
as originally approved. Further, no other off-site directional signing may be used such as posters, trailer signs
or temporary subdivision directional signs.
Any sign placed contrary to the provisions of this section may be removed by the city without prior notice.
Each approved tract housing development may have up to a maximum of 8 directional signs. Upon approval
by the Planning Director, directional signs shall be permitted until the homes within the housing development
are sold or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted
by the Planning Director.
A neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising
the housing development anywhere in the City. If any advertising signs are erected and not promptly removed
upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no
refund given.
March 8, 2022 Item #6 Page 33 of 40
CITY OF CARLSBAD Page 7 of 10
Policy No. 65
COUNCIL POLICY STATEMENT Date Issued 6/23/09
Effective Date IMMEDIATELY
Cancellation Date UNTIL SUPERCEDED
Supersedes No. 65. dated 3/4/08
General Subject: Signs on Public Property
Specific Subject:
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
3.PRIVATE CONTRACTOR FOR MANAGEMENT OF THE KIOSKS
The City may enter into a contract with a private contractor to design, erect, modify, replace, maintain and
manage the kiosk signs allowed by this section. Such contract must be approved by the City Council, and
may require that the contractor pay to the City a rent or royalty on advertising revenues. All the terms of said
contract, and all payments to the City hereunder, shall be public information.
4.INSURANCE REQUIREMENT
In the event the City selects a private party contractor to manage the kiosks, the City may require the private
party contractor to provide evidence of comprehensive general liability insurance coverage, in a form
satisfactory to the Community Development Director, which shall name the City as an additional insured, and
provide 30-day notice to the City of cancellation. The minimum liability coverage on such policy shall be one
million dollars. Any private party contract must include a provision for the contractor to hold harmless, defend
and indemnify the City against all claims relating to property damage or personal injury, Including death, which
assert that the kiosk sign played any legally significant role in the creation of the liability.
5.ALLOWABLE LOCATIONS
The kiosks allowed by this section may be located only as shown on Attachment A.
SECTION NINE: TEMPORARY POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY DURING CAMPAIGN
PERIODS
Temporary political and other noncommercial signs are not permitted within the public right-of-way (except as
otherwise provided in this policy or the Carlsbad Municipal Code), on public property, or upon any public
building or other publicly owned facility, including fences/walls, utilities and landscaping.
1.1-NTENT
sestie-h-,-on-ly-7-the-Gityls-in-te-nf is te-desig-Pate-a--pti-blic-fefufri-w-hiah-is availab,(e-e-W-at4i-mited-thmes-an-d
p laeos-fo' sigh-expr-essien-sp-pelitieai-and other noneenffheFeia4-tep-iesel-bitely-without-faveritism-a€-te-any
speaker, topic or paint-of-viehe-dispiay-oppeftunities-a#wleel-lay-this--septian-a-Fe.-.-iwed-ditipp-te-t-
the gr-thAane-wheh--a1sw-neae&RwneFeai--&peeehat--a-tirnes
2.T-C-M-115-ArlAkiRkWangl-afrf4MIE-51-VSM-A*MariV*S-RPOW,W4114MaGateli.941-Gemmittee
ch,si-rpacsaprs-far rlation,a1T-state, loc-al cr-county-office-a-nd-chairpefs-ans-of-campaign committees for or
Tbe-pi---=doisd-kniazeroA,Vpe-ar-tLasnwt*--W- 0,4,,,,,cir-MtiwA-06Jegy-eriestion-of-t-he-ternp-Gre-Pi
Gampaign-sig-n-requireme,
March 8, 2022 Item #6 Page 34 of 40
CITY OF CARLSBAD Page 8 of 10
Policy No. 65
COUNCIL POLICY STATEMENT Date Issued 6/23/09
Effective Date IMMEDIATELY
Cancellation Date UNTIL SUPERCEDED
Supersedes No. 65. dated 3/4/08
General Subject: Signs on Public Property
Specific Subject:
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
P--rio-r-t-?-tk-e-post-ing-o-f-any-tem-por-ai7y-Gampa-ign-sig-ns,t.he-Garvdkla-,r -the-Ghairpe:rson-of-a-c.ampaign
49y-the-community-clevelopment-clirestcw-Gr--hiss-cleeighee,-shall-include-the-nameaddr-ess-an41-placipe
number--of-4144e-sanclidate-or-campaign-Gheicperson-and-any-per-s-o-n-respaAsible4ar-the-pasting-of-s-ign-s,
The-permit shall be signed by the candidate, chairperson-or per-son responsible for the posting of the
signs.
A A nonrefundable processing fee , in an amount established by City Council, shall -be -paid -at -the ti-me
the application for the permit is made. The fee shall-be-used-to-defcay-the-cost-of-issuing-the-permit
and administering. These-fees apply-to all signs, which may be displayed under-this section for the
felevant-pe€1,-and-shall-not-lae-assesseci-on-a-per-sign-basis-
A refundable-deposit, in an amount established by City Council, shall-be-paid-at-the time the permit is
issued. This deposit shall be refunded to the permittee within 5 days after the removal of the
permittees-temporacy-campaign sign or signs. If the permittee-does-not remove-the signs they may be
removed by the Community Development-Director or-designee without further notice The deposit-may
is-alale-to-show-financial-inability-to-pay-the-cefundable-cleposit-may-request-a-waiver-fram-the-Gity
Council.
not-Gohfor-m-to-the-stan€1-arcls-herei-n-pr-ovi-ded—The-Gest-Gf-such-removal-may-be-G-har-ged-to-t.he
permittee,
3. TIME PERIOD
signs must be removed from public property, by-the-permittee or his/her designee, not more than 10 days after
the election.
/I. LOCATIONS
T-hie-se4tion-allews-the-clisplay-of-signe-expressing-poli.tisl-or-other-11941-co-ramer-Giai-rnessages-The-signs
March 8, 2022 Item #6 Page 35 of 40
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 9 of 10
Policy No. 65
Date Issued 6/23/09
Effective Date IMMEDIATELY
Cancellation Date UNTIL SUPERCEDED
Supersedes No. 65. dated 3/4/08
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
commercially or industnaUy zoned areas or in residentially zoned area-aIong-prime--oraje-a4eri--as
shown4n-the-Gicoulation-Elemont-of-the-General Plan.
.
5-PERSONS-W140-MARE-CE--I-V-E-A-PE-RM-1-T-UN-DER-THIS-SE-CTION
who will ve a ‘p I., permit.. . alteration,
Any person
th obli teration, destruction tampering . signs permitted
permission of the owner is prohibited. Such signs-may-not--be placed
in-wl4ale-or-in-loarti-any-other-sign-permittecl-under4h-is-sestion,
in such a manner as to obscure or cover,
square feet in display area, must be made of
6-RHYSICAL-IRE-QUIRE--M-ENTS
S-igns-whioh-are-allowable-u4der-this-seotion-may-not exceed 6
materials-and-construction methods to withstand normal weather conditions-foi-the-period-of disay-and
mounted in such a manner that-they-wifl-nol-be-blown-away-thslodged-by--noimal-weather-and--ctimate
conditions fr the area. Each sign must be mounted at least 1 foot above and than
grade, -no-higher -6--feet
above-the-grade-Per-rnitteci-signs-may-not-be-speoially-inuminated,
No-sign shall be:-
= attaoheel-to-ati-lity-polei-bus-benotHaol-e-or-st-ructure-su-ppocti-ng-a-tr-a-flio-oontrol-sign-or
deviser oavydrant,
• piaoed-on-a-ny-tr-ee-or-shrub-by-any-naitackspike-or-otke,c-raetliod-whioh-wl-11-oa-u.se-physioal
harm to the tree or shrub.
sidewalk or interfere with the •in suoh-a-manne-r as to obstruct the use of the placed public
visibility of per-sons operating motor-velüc1es-or constitute a hazard to persons using the public
Paad-r-414-of-way7
•plaoed-i-n4he-roadway-4Pola-tlae-sidewalk,
•in the -the-public right-of-way or easement the sidewalk without the placed portion-of past
consent of the adjoining owner or •ion "if diflet-than-the-owner. property person
7. REMOVAL OF NONCONFORMING SIGNS
this-section-s-hall-be-s,umrn-a-rily Signs-whierh-clo-not-confor-m-to-this-seotion-ar--any--per-mitAssued-under
r-emove4-by-the-Qty-upon-discovery-of-the-nonconformanse,
March 8, 2022 Item #6 Page 36 of 40
CITY OF CARLSBAD Page 10 of 10
Policy No. 65
COUNCIL POLICY STATEMENT Date Issued 6/23/09
Effective Date IMMEDIATELY
Cancellation Date UNTIL SUPERCEDED
Supersedes No. 65. dated 3/4/08
General Subject: Signs on Public Property
Specific Subject:
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
SECTION TEN: SIGNAGE ASSOCIATED WITH SPECIAL EVENTS
When the City allows a special event, the Special Event Committee 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 "Promotional" signs as described in the Carlsbad
Municipal Code.
Signs within the venue shall conform to size requirement and may only be posted during the time
authorized in the Special Event Permit.
SECTION ELEVEN: LAMP POST BANNERS
City-owned lamp posts are reserved for the exclusive use of the City and the-Redevelopment-Agency to
display its own messages and images. The specifics regarding the use of such space for display of banners is
delegated to the City Manager or designee, who may detail such specifics in administrative directives.
Banners may be installed by the Carlsbad-Redevelopmant-Agency-an4loc City of Carlsbad on selected light
standards and/or traffic signals within the City. These banners shall be for the advertisement and/or promotion
of events and/or programs which are officially sponsored or co-sponsored and financially supported by the
Garlsbad-Reclave-lopment-Agency-andlor--the City of Carlsbad. The banners shall not include any commercial
advertisement for any individual business or private, non-city organization.
March 8, 2022 Item #6 Page 37 of 40
40
Maximum 6 ft. above
ground level other
than front yard Maximum 3.5 ft.
above ground level
in front yard Signs may not be placed within
10 ft. of the curb/street
1
Exhibit 8
Local Rules for Political Signs
(City of
Carlsbad
The City of Carlsbad allows political and other noncommercial signs under various conditions,
depending on whether the sign is on private property or in a traditional public forum area, such as a
public park or outside City Hall. Signs may not be placed along streets in the "public right-of-way,"
on public property, or on any public building or publicly owned facility. Please review Carlsbad
Municipal Code Chapter 11.44 (Private Party Signs on City Property) and Chapter 21.41 (Sign
Ordinance) for full details.
Private property
CMC Section 21.41.040
You may put political signs or any other noncommercial* signs on residential and non-residential
property year-round with the permission of the property owner. The maximum allowable size
increases during campaign periods.
Year-round During a campaign period
Except campaign periods 30 days prior and 5 days following an election
Permit required • No. Need property owner • Same
permission
Type and max size • 8 sq. ft. total signage per residential 10 sq. ft. total signage per residential
unit or nonresidential establishment unit or nonresidential establishment
Wall, freestanding or window sign" The additional 2 sq. ft. must be a
Sign may not be illuminated freestanding sign
Where •10 feet in from the curb*"
•Signs may not be placed on streets
in the "public right-of way," on
public property or on any public
building
•Same
Height • Front yard - not more than 3.5 ft. • Same
above ground level measured to the
top of the sign
•Elsewhere - not more than 6 ft. above
ground level measured to the top of
the sign
*See CMC Section 21.41.020(A)(53) for definition of"noncommercial message"
"Flags are also permitted on residential and nonresidential property, see CMC Section 21.41.040 Table A for rules *
"Signs may not be in the public right-of-way on streets (usually about 10 feet from curb or street edge)
Hold your sign Stand within 5 ft.
VOTE
DRAFT Updated 02-18-22 2
March 8, 2022 Item #6 Page 39 of 40
Traditional public forum areas
CMC Section 11.44.030
Political or other noncommercial signs may be displayed at any time of year in areas considered
traditional public forums, as long as a person is holding the signs or within 5 feet of the signs,
among other rules. Traditional public forum areas include locations such as public parks, city streets,
public sidewalks and the exterior areas around City Hall. Signs may not be placed along streets in
the "public right-of-way," on public property, or on any public building or publicly owned facility.
Permit required • No
When • Sunrise to sunset*
Type • Each sign must be personally held or a person must be physically within 5 ft. of
the sign at all times
•No inflatable signs
Max size • 10 sq. ft. total for all signs held by a single person
•Max size of any one sign personally attended by two or more persons is 50 sq.
ft.
Where •Traditional public forums, such as public parks, city streets, public sidewalks
and exterior areas around City Hall
•People displaying signs may not stand in any vehicular traffic lane that is in use
•People displaying signs on public sidewalks must give 5 ft. clearance for
pedestrians
Height • Not regulated
Some exceptions apply, see CMC Sections 77.44.030(8) and 11.44030(6)
18in
1.5 sq. ft.
24 in
3 sq. ft.
30 in
3.75 sq. ft.
48 in
48 in
C
N i-
C
Common Sign Sizes
The city's sign rules specify the total square footage of signs allowed and in some cases the
maximum allowable size of a single sign. Below are the square footage calculations for
common sign sizes.
36 in 24 in
6 sq. ft. C
Tr N
4 sq. ft.
DRAFT Updated 02-18-22
March 8, 2022 3 Item #6 Page 40 of 40