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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 Under City Council Policy Statement No. 1, all policies can only be adopted, amended or rescinded by a resolution receiving four affirmative votes of the City Council. 1 "Noncommercial message" is defined as any image on a sign which conveys or expresses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