HomeMy WebLinkAbout2022-03-15; City Council; ; Adoption of Ordinance No. CS-416 — Political and Noncommercial Signs in the Public Right-of-wayCITY COUNCIL
Staff Report
CA Review CKM
Meeting Date: March 15, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinance No. CS-416 — Political and Noncommercial Signs in
the Public Right-of-way
Districts: All
Recommended Action
Adopt Ordinance No. CS-416 amending Carlsbad Municipal Code Section 11.44.070 —
Temporary political and other noncommercial signs in the public right-of-way.
Executive Summary/Discussion
Ordinance No. CS-416 was introduced and first read at the City Council meeting held on
March 8, 2022. On a motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-
Patel, the City Council voted 4-1 with Mayor Hall voting no, to introduce Ordinance No. CS-416.
The second reading allows the City Council to adopt the ordinance, which will become effective
30 days after its adoption.
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
The City Clerk will have the ordinance, or a summary of the ordinance, published in a
newspaper of general circulation within 15 days following adoption of the ordinance.
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
March 15, 2022 Item #6 Page 1 of 5
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 Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. Ordinance No. CS-416
March 15, 2022 Item #6 Page 2 of 5
Exhibit 1
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.1_0, 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 8th 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 15th day of March 2022, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
T--bv FAVIOLA MEDINA, City Clerk Services Manager
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