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HomeMy WebLinkAbout2022-03-15; City Council; 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 NONCOMMERC...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 (SEAL) - O mni! limo/ \f CA/Iv% •••teCte." 'T)1