HomeMy WebLinkAbout1997-02-19; Planning Commission; ; ZCA 96-09|LCPA 95-14 - TEMPORARY COMMUNITY DIRECTIONAL SIGNS• I City of CARLSBAD Planning Departmef
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: February 19, 1997
Item No.
Application complete date: N/ A
Project Planner: Anne Hysong
Project Engineer: Clyde Wickham
SUBJECT: ZCA 96-09/LCPA 95-14 -TEMPORARY COMMUNITY DIRECTIONAL
SIGNS -A request for approval of a Zone Code Amendment and Local Coastal
Program Amendment to add Section 21.41.076 "Temporary Community
Directional Signs" to the Sign Ordinance which development and design
standards to allow a change to the City's approved kiosk structure design.
I. RECOMMENDATION
That the Planning Commission ADOPT Resolutions No. 4004 and 4005 RECOMMENDING
APPROVAL of ZCA 96-09 and LCP A 95-14.
II. INTRODUCTION
The City's Temporary Community Directional Sign Ordinance expired on January 1, 1997. This
zone code amendment would add a new Temporary Community Directional Sign Ordinance,
Chapter 21.41.076, to the Zoning Ordinance which regulates the administration of the sign
program and provides standards for the location, construction, installation, and maintenance of
kiosks and signs.
III. PROJECT DESCRIPTION AND BACKGROUND
Background
The previous Temporary Community Directional Sign Ordinance was adopted on October 16,
1984 by the City Council in an effort to discourage illegal offsite subdivision signs. The intent
of the ordinance was to assist potential home buyers in locating new subdivisions in Carlsbad
while reducing the proliferation of illegal subdivision signs throughout the City. A five year
sunset clause was approved as part of the ordinance, and the sunset clause was extended four
times to its final January 1, 1997, expiration date. The ordinance incorporated an approved kiosk
structure design by reference (see Exhibit "A") which was utilized throughout the City and
permitted kiosk structures and sign panels at locations approved by the Planning Director. There
are currently 16 approved locations and 16 kiosk structures are currently installed along or at
circulation arterial roadways and intersections (see Exhibit "B"). Since development activity
during the past five years has been in the southern quadrants of the City, the majority of the
existing kiosk structures are located south of Palomar Airport Road where they provide direction
to residential subdivisions in the A viara, Zone 20 Specific Plan area, and La Costa Master Plan
areas. "L" shaped kiosk structures are installed at some locations, and as many as eleven sign
ZCA ~6-09/LCPA 95-14 -'MPORARY COMMUNITY DIREC&AL SIGNS
NOVEMBER 6, 1996
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panels on one kiosk structure are currently displayed at some locations due to heavy demand for
directional signage.
On December 17, 1985, the City Council authorized the Mayor to sign an agreement between the
City and Sun Cal Outdoor Advertising to construct, install and maintain the City's temporary
community directional signs and to handle the leasing and billing administrative functions
involved. Staffs involvement has been limited to the approval of signs and their location, and
the enforcement of any violations. The Council also approved the fees SunCal would charge
developers and established fees to be paid to the City to cover its administrative costs. The
City's Agreement with Sun Cal Outdoor Advertising includes all of the previous code standards
for size and design and SunCal has been notified that the agreement will continue on a month to
month basis until the new ordinance is adopted and the City has negotiated a new contract
through the competitive bid process. The SunCal Agreement is, therefore, still in effect and will
have to be terminated or renegotiated upon adoption of the proposed zone code amendment.
Project Description
Staff has initiated the proposed zone code amendment because the Temporary Directional Sign
Ordinance, which contained a sunset clause, expired on January 1, 1997. Expiration of the
previous ordinance and adoption of a new ordinance is advantageous since staff identified a
number of problems with the previous ordinance. The previous ordinance included procedures
and standards which limited the City's ability to: 1) designate a private sign company to
administer the sign program; and 2) change the approved kiosk design. This became problematic
for two reasons. Although Sun Cal Outdoor Advertising, a private sign company, has
administered the sign program for the past 11 years under an existing agreement, the City could
not negotiate a new agreement with a private sign company until the ordinance expired. The
second problem is that the existing eleven year old kiosk structures are out-of-date and
deteriorating.
The proposed ordinance specifies who will administer the program and includes standards for the
use, location, construction, installation and maintenance of kiosk structures and signs. Specific
design criteria for kiosks and signs are not included in the ordinance. A separate set of design
guidelines (Exhibit Y) are included in the attached documents which, if adopted by resolution,
would be used by the City Council to establish a new kiosk design to be used throughout the
City. The proposed Temporary Community Directional Sign ordinance differs :from the previous
one in that the sunset clause is eliminated, the list of potential sign program administrators and
eligible users is expanded and clarified, a restriction on the maximum number of signs permitted
each advertiser is eliminated, the time period advertisers are permitted to display signs 1s
extended, and kiosks are no longer permitted outside the right-of-way on private property.
The proposed ordinance 1) allows private sign companies to be designated by Council to
administer the sign program; 2) expands the previous list of eligible users by allowing directional
signs for approved special events in the community such as the Carlsbad Fair, industrial
subdivisions such as Carlsbad Research Center and master plan communities such as Aviara and
La Costa which have remaining lots or units for sale (the previous ordinance allowed directional
signs for residential subdivisions only.); 3) allows the Planning Director to determine the number
ZCA 96-09/LCPA 95-14-,MPORARY COMMUNITY DIREC.NAL SIGNS
NOVEMBER 6, 1996
PAGE3
and location of signs each user is allowed based on the size and location of the subdivision or
event; and 4) allows eligible users to display signs until all subdivisions or master plan lots or
units are sold and approved special events to display signs for one month in advance of the event.
The proposed ordinance would require that one kiosk design, which is established by City
Council Resolution, be utilized throughout the City. Design guidelines which include criteria for
the content and size of kiosks, top panels, and signs, are excluded from the ordinance and
presented as separate guidelines (Exhibit Y) to be adopted and used by the City Council in
selecting future kiosk designs.
Upon City Council adoption of the zone code amendment, staff will request Council
authorization to request proposals from the City's Community Services Department and from
private sign companies for a new kiosk design and for the administration of the temporary
directional sign program.
IV. ANALYSIS
Staffs recommendation of approval for this zone code amendment is based on the following
analysis of the project's consistency with the applicable General Plan policies, Local Coastal
Program policies, and the City Council's intent with respect to providing temporary off-site
directional signage .
General Plan
The proposed zone code amendment is consistent with the overall land use policies calling for
the creation of a distinctive sense of place and identity for each community and neighborhood,
and the creation of a visual form that is pleasing to the eye and highly identifiable. • The
temporary directional sign program would identify and provide direction to new subdivisions and
communities in a uniform and tasteful manner consistent with these policies.
Local Coastal Program
There is currently no provision for temporary community directional signage in any segment of
Carlsbad's Local Coastal Program. A Local Coastal Program Amendment which incorporates
the amended implementing ordinance into each LCP segment is therefore being processed to
ensure the implementation of the City's Temporary Directional Sign Ordinance within the
coastal zone. The proposed ordinance is consistent with Article 6, Section 30251, of the Coastal
Act in that it ensures the preservation and protection of the scenic and visual qualities of coastal
areas by providing aesthetically pleasing, uniform off-site directional signage to developing areas
of the City.
Compliance with City Council Intent -temporary off-site directional signage
Historically, the City Council's intention with regard to off-site directional signage has been to
provide directional information so that residents and visitors to the City can easily find public
places and residential neighborhoods in an attractive and safe manner consistent with the City's
ZCA 96-09/LCPA 95-14 -'MPORARY COMMUNITY DIRECT,NAL SIGNS
NOVEMBER 6, 1996
PAGE4
prohibition of off-site advertising signs or displays. The proposed ordinance is consistent with
the intent to provide direction to residents and visitors in that it would result in new kiosks which
display temporary directional signs for approved special events, public facilities, master plan
communities, and residential and industrial subdivisions at locations throughout the City. Staff
is recommending that approved special events and industrial subdivisions with remaining lots for
sale be included in the list of eligible users because visitors also include those traveling to
Carlsbad to conduct business at one of Carlsbad's industrial parks and those attending a special
event such as the Carlsbad Fair and Carlsbad 5000.
Experience over the past 11 years has shown that directional signs have contributed to a decrease
in the number of off-site subdivision signs. Directional signage along with Code Enforcement's
regular removal of illegal subdivision signs and consistent efforts to work with the development
community to control the proliferation of off-site subdivision signs has reduced the number of
illegal signs to fewer than 100 citywide.. Since the development community has indicated that
the existing kiosk structures are drab, out-of-date, and "invisible" with respect to their use as
directional signage to new subdivisions, the provision of more contemporary directional kiosk
structures and signs should encourage their use and further reduce the number of illegal signs.
Adoption of the ordinance would also allow subdivisions to display the number of signs
necessary to provide direction to the subdivision (as determined by the Planning Director) until
all lots or units are sold to encourage the use of directional signs over illegal subdivision signs.
Previous regulations restricted each subdivision to a maximum of eight signs for a period of one
year unless an extension was approved by the Planning Director.
Staffs research indicates that more contemporary directional kiosks and sign panels incorporate
a variety of colors and are constructed using non-corrosive materials which are not subject to
rapid deterioration. Since it is anticipated that future kiosk structures will also eventually
deteriorate and/or become out-dated and need to be replaced, staff is recommending that specific
kiosk structure/sign panel design details be omitted from the ordinance and the actual kiosk
design be adopted by the City Council through separate resolution. Separate design guidelines
are proposed for adoption to allow for future changes to kiosk designs without the need to amend
the ordinance.
The proposed design guidelines (Exhibit "Y") contain kiosk and sign size criteria which are
similar to previous regulations with some minor revisions along with additional criteria for the
size of the top panel, distance between the ground and the lowest sign panel, the maximum
number of panels, and the content of panels. The proposed size criteria include a maximum
kiosk height (10') and width (5') and a maximum sign dimension (10" x 60"), and structures
designed in accordance with guideline provisions would be uniform in width but could vary in
height where demand for signs is less. Top panels would contain the City's logo and be a
minimum width of two sign panels, a 1' clearance between the ground and the last sign panel
affixed to a kiosk would be maintained, sign panels would be uniform in size and upper-case
lettering regardless of the height of the structure, and the maximum number of sign panels
permitted on each kiosk structure would be eight.
Staff is recommending the guidelines since kiosks designed in accordance with the proposed
design criteria would result in kiosks which could be placed within the public right-of-way and
ZCA 96-09/LCPA 95-14 -'MPORARY COMMUNITY DIREC&AL SIGNS
NOVEMBER 6, 1996
PAGES
could accommodate a maximum of eight sign panels that are large enough to be visible from
adjacent roadways. Adopting separate design guidelines will avoid the necessity of amending the
ordinance in the future if the Council wishes to approve a new design or one which differs in
some aspect from the adopted guidelines.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that the environmental effects of the City's Temporary
Community Directional Sign Ordinance have been considered in conjunction with a previously
adopted Negative Declaration; therefore, a Notice of Prior Environmental Compliance has been
issued.
ATTACHMENTS:
1. Planning Commission Resolution No. 4004
2. Planning Commission Resolution No. 4005
3. Planning Commission Resolution No. 4010
4. Notice of Prior Environmental Compliance dated October 20, 1995
5. Kiosk Location Map.
AH·bk
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PLANNING COMMISSION RESOLUTION NO. 4004
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT , AMENDING
CHAPTER 21 TO ADD SECTION 21.41.076, TEMPORARY
COMMUNITY DIRECTIONAL SIGNS.
CASE NAME: TEMPORARY COMMUNITY DIRECTIONAL
SIGNS
CASE NO: ZCA 96-09
WHEREAS, the Planning Director, pursuant to Section 21.52.020 of the Carlsbad
Municipal Code, has initiated a Zone Code Amendment to:
Amend Chapter 21 of the Carlsbad Municipal Code to add
Section 21.41.076 , Temporary Community Directional Signs.
WHEREAS, the Planning Commission did on the 19th day of February 1997
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Zone Code Amendment, ZCA 96-09,
according to Exhibit "X", dated February 19, 1997, attached hereto and made a
part hereof, based on the following findings:
Findings:
I. That the proposed Zone Code Amendment is consistent with the overall Land Use
Element policies of Carlsbad's General Plan which call for the creation of a
distinctive sense of place and identity for each community and neighborhood, and
the creation of a visual form that is pleasing to the eye and highly identifiable. The
temporary directional sign program will identify and provide direction to new
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2.
subdivisions and communities in a uniform and tasteful manner consistent with
these policies.
The proposed Zone Code Amendment is consistent with the intent of Section 21.41.076
of the Carlsbad Municipal Code (Temporary Community Directional Sign
Ordinance) since under the proposed ordinance, directional signs for public
facilities will be displayed at locations throughout the City. Also the provision of
more contemporary directional kiosk structures and signs will encourage their use
by the development community and further reduce the number of illegal signs.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 19th day of February 1997, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMP AS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
PC RESO NO. 4004 -2-
ORDINANCE NO. __ _
EXHIBIT "X"
Novemb~
"9--.,e)y, /7) /f°97
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21,
CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE BY
ADDING SECTION 21.41.076, TEMPORARY COMMUNITY
DIRECTIONAL SIGNS.
CASE NAME: TEMPORARY COMMUNITY DIRECTIONAL
SIGNS
. CASE NO: ZCA 96-09
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION: That Title 21, Chapter 21.41, of the Carlsbad Municipal Code is
amended by the addition of Section 21.41.076 to read as follows:
"21.41.076 Temporary Community Directional Signs
a) Purpose and Intent.
(1) This section is intended to permit off-site directional signs necessary to
serve the people of Carlsbad by providing directional information so that residents and visitors
can easily locate public places, residential and industrial subdivisions, and master plan
communities in an attractive and safe manner consistent with the City's prohibition against off-
site advertising signs or displays. By enacting this section, the City Council does not intend to
alter its total ban on all off-site advertising signs or displays except as provided by Section
21.41.070.
(2) If this section or any part of it is deemed unconstitutional, all directional
structures and signs permitted by this section shall be immediately removed. Any lease payment
made for the time after removal of a kiosk shall be returned to the lessee, less a charge oftwenty-
five percent of the lease payment which shall be retained by the City to cover its administrative
costs.
b) Zones Permitted. Temporary community directional structures and signs are
permitted in all zones subject to the provisions of this section.
c) Administration. The Temporary Community Directional Sign program shall be
administered by the City Council, or at its option, the City Council may designate another public
or quasi-public organization or private sign company to administer the construction, installation,
and maintenance of kiosk structures and signs and leasing of sign space on the kiosks in
accordance with the following provisions:
(1) Kiosks. One kiosk design established by City Council resolution shall be
utilized throughout the City. Prior to the construction or installation of kiosk structures, the sign
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program administrator shall receive Planning Director approval to ensure compliance with the
following provisions:
(A) Locations. Kiosk structures shall be located within the public
right-of-way at various points along circulation arterial roadways as designated by the General
Plan Circulation Element.
(B) Construction. All kiosks shall be constructed by the designated
sign program administrator in accordance with the design adopted by the City Council. There
shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the
approved kiosk structure.
(C) Installation. Structures shall be installed entirely with the public
right-of-way so that no hazard to pedestrian or vehicular traffic will result. Approval of kiosk
structures within the public right-of-way shall require approval of an above ground encroachment
permit in accordance with Chapter 11.16.
(2) Signs. Prior to the construction and/or installation of directional signs on
kiosk structures, the designated sign program administrator shall receive Planning Director
approval of directional signs to ensure compliance with the following provisions:
(A) Temporary community directional signs are exempt from the need
for a sign permit when such structures and signs are processed in accordance with this section.
(B) All temporary community directional signs shall be located on an
approved community directional kiosk.
(C) Uses eligible to display temporary directional signage on approved
kiosk structures shall be limited to public facilities, approved special community events, master
plan communities, and residential or industrial subdivisions exceeding four lots or units with
remaining lots or units for sale within the City of Carlsbad which have a recorded final map for
custom lot residential or industrial subdivisions and building permits for models in residential
tract subdivisions.
(D) The location and number of directional signs approved for each
eligible user shall be determined by the size and location of the special event, public facility,
subdivision, or master plan community, and the demand for and availability of space on each
kiosk. Signs shall not be approved on kiosk structures which have no available space on the date
the sign is requested. The Planning Director shall designate locations where public facility
directional signs shall be installed.
(E) No approval shall be given for directional signs on any kiosk
structure if there are any prohibited off-site signs advertising the subdivision or master plan
community anywhere in the City. If any advertising signs are erected and not promptly removed
upon demand by the City, the City or its designated administrator shall remove all kiosk signs for
that subdivision and cancel the lease.
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(F) Approved directional signs shall be permitted one month in
advance of a special event or until all lots or units within the subdivision or master plan
community are sold.
( d) Maintenance. Maintenance of kiosk structures and signs shall be the
responsibility of the sign program administrator designated by the City Council.
EFFECTIVE DATE: This ordinance shall be effective after the second reading
after thirty days after its adoption except in the Coastal Zone where it shall become effective
upon approval of the California Coastal Commission, and the City Clerk shall certify to the
adoption of this ordinance and cause it 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 __ day of ____ 1996, and thereafter
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, on the __ day of ____ 1996, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
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CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 4010
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO ALL SEGMENTS OF
THE CARLSBAD LOCAL COASTAL PROGRAM TO ADD
THE TEMPORARY COMMUNITY DIRECTIONAL SIGN
ORDINANCE, SECTION 21.41.076 OF THE ZONING
ORDINANCE, TO THE LOCAL COASTAL PROGRAM
IMPLEMENTING ORDINANCES.
CASE NAME: TEMPORARY COMMUNITY DIRECTIONAL
SIGN ORDINANCE
CASE NO: LCPA95-14
WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and Zoning regulations and designations for properties in the Coastal Zone be in
conformance; and
WHEREAS, the City of Carlsbad has filed a verified application for an
amendment to the Local Coastal Program to add the Temporary Community Directional Sign
Ordinance to the Local Coastal Program Implementing Ordinances; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit "X" dated February 19, 1997, as provided in Public
Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title
14 of the California Code of Regulations of the California Coastal Commission Administrative
Regulations; and
WHEREAS, the Planning Commission did on the 19th day of February 1997,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment.
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•
WHEREAS, State Coastal Guidelines requires a six week public review period for
any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A)
B)
C)
That the foregoing recitations are true and correct.
At the end of the State mandated six week review period, starting on October 10,
1996, and ending on November 21, 1996, staff shall present to the City Council a
summary of the comments received.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LCP A 95-14 based on the following findings,
and subject to the following conditions:
Findings:
1.
2.
That the proposed Local Coastal Program Amendment is consistent with all applicable
policies of the Carlsbad Local Coastal Program, in that it will preserve and protect the
scenic and visual qualities of coastal areas by providing aesthetically pleasing,
uniform off-site directional signage to newly developing areas of the City in
accordance with Article 6, Section 30251 of the Coastal Act.
That the proposed amendment to the Carlsbad Local Coastal Program is required to
bring the Local Coastal Program into conformance with the Zone Code.
PC RESO NO. 4010 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 19th day of February 1997, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMP AS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
PC RESO NO. 4010 -3-
ENVIRONMENTAL IMPACT ASSESSMENT FORM-PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
BACKGROUND
CASE NO. ZCA 95-11
DATE: October 20, 1995
1. CASE NAME: ZCA 95-11 -TEMPORARY COMMUNITY DIRECTIONAL SIGN ORDINANCE
2. APPLICANT: CITY OF CARLSBAD
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS, CARLSBAD, CA. 92009
4. DATE EIA FORM PART I SUBMITTED: ......::..aN=A"'-----------------
5. PROJECT DESCRIPTION: AMEND THE SIGN ORDINANCE TO EXTEND THE TEMPORARY
COMMUNITY DIRECTIONAL SIGN ORDINANCE FOR FIVE YEARS AND TO REVISE, ADD, AND
DELETE DEVELOPMENT AND DESIGN STANDARDS TO ENABLE A CHANGE TO THE CITY'S
APPROVED KIOSK STRUCTURES.
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact", or "Potentially Significant Impact Unless Mitigation
Incorporated" as indicated by the checklist on the following pages.
__x_ Land Use and Planning
_ Population and H~using
_ Geological Problems
Water
_ Air Quality
_x_ Transportation/Circulation Public Services
_ Biological Resources _ Utilities and Service Systems
_ Energy and Mineral Resources _x_ Aesthetics
Hazards Cultural Resources
Noise Recreation
_ Mandatory Findings of Significance
1 Rev. 3/28/95
DETERMINATION.
(To be completed by the Lead Agency).
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared. □
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have been
added to the project. A NEGATIVE DECLARATION will be prepared. □
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL Th1PACT REPORT is required. 0
I find that the proposed project MAY have significant effect(s) on the environment, but at least one
potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described
on attached sheets. An ENVIRONMENTAL Th1PACT REPORT/MITIGATED NEGATIVE DECLARATION
is required, but it must analyze only the effects that remain to be addressed. D
I find that although the proposed project could have a significant effect on the environment, there WILL NOT
be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately
in an earlier NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures
that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. 00
Date
~ PlanningDirectorg Date
2 Rev. 3/28/95
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment to detennine if a project may have a significant effect on the environment. The Environmental
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical,
biological and human factors that might be impacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental hnpact Report (EIR), Negative Declaration,
or to rely on a previously approved EIR or Negative Declaration.
• A brief explanation is required for all answers except "No hnpact" answers that are adequately
supported by an information source cited in the parentheses following each question. A "No hnpact"
answer is adequately supported if the referenced information sources show that the impact simply
does not apply to projects like the one involved. A "No hnpact" answer should be explained when
there is no source document to refer to, or it is based on project-specific factors as well as general
standards.
• "Less Than Significant hnpact" applies where there is supporting evidence that the potential impact
is not adversely significant, and the impact does not exceed adopted general standards and policies.
• "Potentially Significant Unless Mitigation fucorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant hnpact" to a "Less Than Significant
Impact." The developer must agree to the mitigation, and the City must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level.
• "Potentially Significant hnpact" is appropriate if there is substantial evidence that an effect is
significant.
• Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the
environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or
mitigation measures that are imposed upon the proposed project, and none of the circumstances
requiring a supplement to or supplemental EIR are present and all the mitigation measures required
by the prior environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
• When "Potentially Significant hnpact" is checked the project is not necessarily required to prepare
an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable
standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been
made pursuant to that earlier EIR.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that the project
or any of its aspects may cause a significant effect on the environment.
3 Rev. 3/28/95
• If there are one or more potentially significant effects, the City may avoid preparing an BIR if there
are mitigation measures to clearly reduce impacts to less than significant, and those mitigation
measures are agreed to by the developer prior to public review. fu this case, the appropriate
"Potentially Significant Impact Unless Mitigation fucorporated" may be checked and a Mitigated
Negative Declaration may be prepared.
• An BIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited
to the following circumstances: (1) the potentially significant effect has not been discussed or
mitigated in an Earlier BIR pursuant to applicable standards, and the developer does not agree to
mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding
Considerations" for the significant impact has not been made pursuant to an earlier BIR; (3) proposed
mitigation measures do not reduce the impact to less than significant, or; ( 4) through the BIA-Part
II analysis it is not possible to determine the level of significance for a potentially adverse effect, or
determine the effectiveness of a mitigation measure in reducing a potentially significant effect to
below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
4 Rev. 3/28/95
Issues (and Supporting Information Sources):
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or zoning?
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over
the project?
c) Be incompatible with existing land use in the
vicinity? (Source #1)
d) Affect agricultural resources or operations (e.g.
impacts to soils or farmlands, or impacts from
incompatible land uses)?
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)?
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections?
b) fuduce substantial growth in an area either directly
or indirectly (e.g. through projects in an
undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable
housing?
III. GEOLOGIC PROBLEMS. Would the proposal result in or
expose people to potential impacts involving:
a) Fault rupture? 0
b) Seismic ground shaking? ()
c) Seismic ground failure, including liqu~faction? ()
d) Seiche, tsunami, or volcanic hazard? ()
5
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
_x_
Rev. 3/28/95
No
Impact
..x.
..x.
..x.
..x.
X
..x.
..x.
.x
X
..x.
.x
Issues (and Supporting Information Sources):
e) Landslides or mudflows? ()
f) Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? ()
g) Subsidence of the land? ()
h) Expansive soils? ()
i) Unique geologic or physical features? ()
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or
the rate and amount of surface runoff? ()
b) Exposure of people or property to water related
hazards such as flooding? ()
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? ()
d) Changes in the amount of surface water in any
water body? ()
e) Changes in currents, or the course or direction of
water movements? ()
f) Change in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? ()
g) Altered direction or rate of flow of groundwater?
()
h) Impacts to groundwater quality? ()
6
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
Rev. 3/28/95
No
Impact
.x
.x
.x
X
.x
X
.x
.x
.x
.x
_..x_
_..x_
.x
Issues (and Supporting Information Sources):
i) Substantial reduction in the amount of groundwater
otherwise available for public water supplies?
()
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation? ()
b) Expose sensitive receptors to pollutants? ()
c) Alter air movement, moisture, or temperature, or
cause any change in climate? ()
d) Create objectionable odors? ()
VI. TRANSPORTATION/CIRCULATION. Would the proposal
result in:
a) Increased vehicle trips or traffic congestion?
()
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible
uses (e.g. farm equipment)? ()
c) Inadequate emergency access or access to nearby
uses? ()
d) Insufficient parking capacity on-site or off-site? ()
e) Hazards or barriers for pedestrians or bicyclists? ()
f) Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts, bicycle
racks)? ()
g) Rail, waterborne or air traffic impacts? ()
7
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
.x_
Rev. 3/28/95
No
Impact
..x.
..x.
..x.
X
..x.
..x.
..x.
..x.
..x.
..x.
..x.
Issues (and Supporting Information Sources):
VII. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a) Endangered, threatened or rare species or their
habitats (including but not limited to plants, fish,
insects, animals, and birds? ()
b) Locally designated species (e.g. heritage trees)? ()
c) Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? ()
d) Wetland habitat (e.g. marsh, riparian and vernal
pool)? ()
e) Wildlife dispersal or migration corridors? ()
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal:
a) Conflict with adopted energy conservation plans?
()
b) Use non-renewable resources in a wasteful and
inefficient manner? ()
c) Result in the loss of availability of a known
mineral resource that would be of future value to
the region and the residents of the State? ()
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: oil, pesticides, chemicals or radiation? ()
b) Possible interference with an emergency response
plan or emergency evacuation plan? ()
c) The creation of any health hazard or potential
health hazard? ()
8
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
Rev. 3/28/95
No
Impact
X
.x.
.x.
.x.
.x.
.x.
_x_
.x.
.x.
.x.
Issues (and Supporting Information Sources):
d) Exposure of people to existing sources of potential
health hazards? ()
e) Increase fire hazard in areas with flammable brush,
grass, or trees? ()
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? ()
b) Exposure of people to severe noise levels? ()
XI. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered government
services in any of the following areas:
a) Fire protection? ()
b) Police protection? ()
c) Schools? ()
d) Maintenance of public facilities, including roads?
()
e) Other governmental services? ()
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies, or
substantial alterations to the following utilities:
a) Power or natural gas? ()
b) Communications systems? ()
c) Local or regional water treatment or distribution
facilities? ()
d) Sewer or septic tanks? ()
e) Storm water drainage? ()
9
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
Rev. 3/28/95
No
Impact
...x.
...x.
...x.
...x.
...x.
...x.
...x.
...x.
...x.
...x.
...x.
...x.
...x.
Issues (and Supporting Information Sources):
f) Solid waste disposal? ()
g) Local or regional water supplies? ()
Xill. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway? ()
b) Have a demonstrable negative aesthetic effect? ()
c) Create light or glare? ()
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? ()
b) Disturb archaeological resources? ()
c) Affect historical resources? ()
d) Have the potential to cause a physical change
which would affect unique ethnic cultural
values? ()
e) Restrict existing religious or sacred uses within
the potential impact area? ()
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational facilities? ()
b) Affect existing recreational opportunities? ()
10
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
_x_
_x_
_x_
Rev. 3/28/95
No
Impact
.x.
.x.
.x.
.x.
X
.x.
.x.
.x.
Issues (and Supporting Information Sources):
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wild life species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and the
effects of probable future projects)
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
XVII. EARLIER ANALYSES.
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
.x.
.x.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one
or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case, sources of previous environmental review are identified on attached
sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe
the mitigation measures which were incorporated or refined from the earlier document and the extent
to which they address site-specific conditions for the project.
11 Rev. 3/28/95
DISCUSSION OF ENVIRONMENTAL EVALUATION
Environmental Settin1:
A detailed description of the environmental setting, i.e. the City of Carlsbad circulation arterial roadways, is
contained in the Final Master Environmental Impact Report for the City of Carlsbad General Plan Update dated
March 1994. Kiosk structures are currently located throughout the City within the right-of-way of existing
circulation arterial roadways, and although locations will most likely change as the location of subdivision activity
changes, the proposed amendment will not change the environmental setting for kiosk sign structures.
Environmental Analysis
This is a zone code amendment to extend the City's temporary directional sign ordinance for five years and to
revise development and design standards to allow changes to the City's approved directional kiosk design without
amending the Sign Ordinance. The amendment will also expand the temporary sign program to allow directional
signs for approved special events, Master Plan communities, and industrial subdivisions with remaining lots for
sale not specifically allowed under the existing ordinance. Directional signs are currently allowed in any land use
designation/zone in the City and no change to this provision is proposed.
Due to the nature of the project and its locations, the following BIA Part II Checklist categories are not relevant
or applicable, therefore, the "No Impact" column has been checked:
Ia,b,d,e; Ila-c; IIIa-i; IVa-i; Va-d; VIa,c-d,f-g; VIIa-e; VIIIa-c; IXa-e; Xa-b; Xla-e; XIIa-g; XIVa-e; XVa-b.
Ic,Vlb&e,
& Xilla-c. As specified by the ordinance, the City's kiosk structures and signs are for directional purposes only
and their installation is limited to circulation arterial roadways (within the right-of-way). Design and
development standards are included in the ordinance to insure compatibility in the scale and design
of the non-illuminated directional signs with development adjacent to major roadways as well as
ensure the maintenance of structures and signs to avoid negative aesthetic impacts along the City's
scenic corridors. Required review and approval by the Traffic Engineer will insure that kiosk
structures are located where they are most visible without jeopardizing traffic safety or interfering
with pedestrian circulation. The location of kiosk structures and directional signs at limited locations
along major roadways will avoid direct impacts to existing or future residential neighborhoods and/or
open space areas resulting from the proliferation of onsite or off-site advertising signs.
12 Rev. 3/28/95
21.41.076 Temporary community directional signs.
(a) The intent of this temporary section is to provide directional information so that residents of and visitors to
the city can easily fmd public places, residential neighborhoods or remote areas in an attractive and safe manner
consistent with the city's prohibition against off-site advertising signs or displays. A community directional sign is a
sign installed and maintained according to the provisions of this section. Other signs owned and maintained by the city
of Carlsbad or the Carlsbad housing and redevelopment agency shall not be subject to the provisions of this section.
permitting the city, in the event of noncompliance. to enter said property and remove the sign or its attachments. A
copy of said consent shall be filed with the land use planning office prior to approval of the kiosk by the land use
planning manager.
(b) Temporary community directional signs are permitted in all zones subject to the provisions of this section.
( c) All community directional signs shall be located on one of the approved eommunity
direetional kiosks loeated at ,,,arious points throughout the eity an approved community directional
kiosk. One kiosk design established by City Council resolution shall be utilized throughout the
City. The construction of kiosks and leasing of space on the kiosk shall be administered by the
City Council or its designated administrator. The City Council, at its option, may designate
another public or quasi-public organization, or private sign company to administer the
construction and/or leasing of sign space on the kiosks. The lease cost for directional signs
mounted on kiosk structure shall be established by the City Council. The City Council may
establish a fee for City review of kiosk locations and each individual community directional sign
that will be mounted on the kiosks.
(1) The planning direetor shall prepare a kiosk loeation plan shO\ving the loeations 1Nhere
kiosks may be permitted. The Plan shall be k:ept on file in the planning department. The
speeifie loeatioE: of eaeh kiosk shall be approved by the planning direetor prior to eoE:struetioE:
and shall eomply 1,vith the kiosk loeation plan. Eaeh kiosk loeatioE: shall not interfere 1,vith
traffie safety. The content and design of the kiosk structure and directional sign panels shall be
consistent with the design and development standards set forth herein.
(A) Each directional sign panel shall contain directional information only. Directional
information shall be limited to the name of a public facility, approved special event, master plan
community, residential or industrial subdivision exceeding four lots or units with remaining lots
or units for sale within the City of Carlsbad, and a directional arrow.
(B) Kiosk structures and directional sign panels shall be constructed of non-corrosive
materials not subject to rapid deterioration due to outdoor exposure and/or ground moisture.
(C) Kiosk structures shall not exceed five feet in width and ten feet in height with a one foot
high minimum clearance between ground level and the lowest sign panel. Kiosk structures shall
be uniform in width at all locations, however, kiosk height need not be the same at every
location.
(D)Kiosk top panels shall not be less than the height of two directional sign panels and shall
prominently display the "City of Carlsbad" and its logo. Additfonal graphics are subject to City
Council approval. Colors and top panels shall be consistent with the City's coastal environment
in which lagoons and floriculture are prominent characteristics.
(E) Directional sign panels shall be uniform in size throughout the City. In no event may a
sign panel exceed ten inches in height and sixty inches in width.
(F) The maximum number of sign panels permitted on any approved kiosk structure shall be
eight.
(G) Directional sign panels shall be light in color and lettering shall be a darker contrasting
color. Sign panel lettering shall be all upper case letters not to exceed seven inches in height and
uniform in size, width, and lettering style on all kiosk structures located throughout the City.
(2) One kiosk design v/411 be utili:;;ed throughout the city. This kiosk design is on file in the
land use planning office. Prior to the installation of any kiosk structure or directional sign panel
which are consistent with the design and development standards set forth in Subsection
21.46.076(c)(l) above, the Planning Director shall approve the location of kiosk structures and
the placement of directional signs on kiosk structures in accordance with the following
prov1s10ns:
(A) Kiosk structures shall be located at various points along the City's circulation arterial
roadways as designated by the General Plan Circulation Element. Kiosks may be located on
private property or in the public right-of-way. The Planning Director shall approve the location
of kiosk structures and shall maintain a kiosk location map of the approved kiosk structures.
Prior to Planning Director approval, the City's approved temporary directional sign program
administrator shall submit a plat map of the proposed kiosk sign location for review and approval
by staff. The Traffic Engineer shall review the proposed location to ensure good sign visibility
and the avoidance of sight distance obstruction or interference with traffic safety.
(B) Planning Director approval of a kiosk structure within the public right of way shall
constitute administrative approval of an above-ground encroachment permit.
(C) Planning Director approval of kiosk structures and/or individual directional sign panels
shall constitute the issuance of a sign permit pursuant to Chapter 18.04 of the Carlsbad
Municipal Code.
(D) All kiosks that are placed on private property shall be with written consent of the
property owner. Written consent shall also include a provision permitting the City or its
designee, in the event of noncompliance, to enter said property and remove the kiosk structure,
sign panels, or its attachments. A copy of said consent shall be filed with the Planning Director
prior to approval of the kiosk location.
(E) In no case shall a directional sign be approved on a kiosk for a residential tract
subdivision before building permits have been issued for the model homes or before final map
approval for custom residential lots and industrial subdivisions. Criteria for determining the
number of directional signs shall include the size and location of the subdivision.
(F) Public facility directional signs shall be provided on kiosk structures at locations
designated by the Planning Director.
(G) Upon approval by the Planning Director, directional signs shall be permitted until the
homes or lots within the subdivision are sold.
(H) Participants shall not be allowed any directional kiosk signs if there are any other
prohibited off-site signs such as posters, trailer signs, or temporary subdivision directional signs
advertising the subdivision anywhere in the City. If any advertising signs are erected and not
promptly removed upon demand by the City, the City or its designated administrator shall remove
all kiosk signs for that subdivision pursuant to the provisions of Section 18.20.080 of the Carlsbad
Municipal Code, and cancel the lease.
(I) There shall be no additions, tag signs, streamers, devices, display boards, or
appurtenances added to the approved kiosk structure and/or directional sign panels.
(3) Kiosks may be located on private property or in the public right of v,,ay. All kiosks that
are to be placed on private property shall be v,,j_th Vt'fitten consent of the property ovmer.
\Vritten consent shall also inolude a provision permitting the city, in the event of
noncompliance, to enter said property and rsmove the sign or its attachments. A copy of said
•
consent shall be filed vlith the land use plffi111ing office prior to approv=al of the kiosk by the land
use planning manager.
(4) The construction of the kiosks and leasing of space on the kiosk shall be administered by the city cmmcil or
their designee. The city cmmcil, at their option, may designate another public or Ejtlasi pHblic organization to
administer the construction and/or leasing of sign space on the kiosks. The lease cost shall be established by the city
6el:100il.
(5) Each kiosk 1.vill hiwe "City of Carlsbad" or the city logo displayed in a prominent location on the sign.
(6) contain space for at least one sign indicating the location of individl:lal communities, public bHildings or
pHblic facilities or services.
( d) Each kiosk shall neighborhood or subdiYision oYer fol:lr l:lflits may have up to a ma1dmum of eight community
directional signs as defined in gection 21.41.030. This section shall expire on January 1, 2002 unless
before that date the ordinance codified in this section is reviewed and extended by the City
Council.
(1) The number and locations ofcomtn-l:lflity direstional sigas for each praject shall be determined by the land use
planning manager after final map approval and prior to the issuanse of building permit. Criteria for determining the
number of directional kiosk sigas shall insll:lde the size and losation of the subdiYision. The city cmmcil may by
resolution adopt guidelines establishing more specific criteria.
(2) Each kiosk shall not e~weed fi,;e feet in width and ten feet in height. IadiYidl:lal direstional kiosk signs shall be
constructed to conform to the sine and design of the kiosks. In no e•,rent may the sigas e~weed ten inches by 60 inches.
(3) ,AJl individual community directional sigas mol:lated on the kiosks shall be the same design and shall be dark
browa VlOod with routed in vlhite lettering. Letters shall be sonsisteat in size, width and thickness of print. Letters shall
be all upper case letters not more than she inches in height. IndiYidl:lal comnH.HlH)' directional sigas shall be approYed
by the land use planning manager prior to mol:lflting oa a kiosk to ensl:lfe sompliance v,rith this section. In no case shall
a sign be mounted on a kiosk before bl:lilding permits haye been issl:led for the model homes.
(4) Each siga may soatain only the name of the subdiYision or communit)· and ffil:lst coatain a directional arrow.
(5) There shall be no additions, tag signs, streamers, deYices, display boards, or appurtenances added to the siga
as originally approYSd. Fl:lrther, no other directional sigaing may be Hsed Sl:lch as posters, trailer sigas or temporary
Sl:lbdivision directional sigas.
(6) l..ny siga placed contrary to the proYisions of this section may be remo•,red by the cit)· without prior notice.
(J) Upon appro:val by the land Hse planning manager sommunit)· directioaal sigas shall be permitted l:llltil the
homes within the subdivision are sold or for a period of oae year, whichever sames first. E~ctensions not mweeding
one year may be granted by the land l:lse planning manager.
(8) A aeighborhood shall aot be allo•,r,red a11y direstio11al kiosk sigas if there are any other signs ad.Yertising the
neighborhood anywhere in the area coyered by the sit)·'s general plan. If any ad.Yertising signs are erected and not
promptly removed upon demand by the city, all kiosk sigas for that subdiYision shall be removed tho lease sanceled
and no refimd giYe11.
( e) The CH)' council m~y estab~ish ~ fe_e for cit)· review of :ach ind~ridl:l~l co~unit)r _directional sig11 that will be DJ,,
mounted on the kiosks. This sect10n 1s mtended to permit off-site d1rect10nal signs necessary to serve ~,if/
the people of Carlsbad. By enacting this section the City Council does not intend to alter its total J ~
ban on all off-site advertising signs or displays, except as provided by Section 21.41.07i(4)(E)~ ~-
If this section or any part of it is deemed unconstitutional all kiosks shall be immediately ~
removed along with all directional signs permitted under this section. Any lease payment made
for the time after the removal of a kiosk shall be returned to the lessee, less a charge of twenty-
five percent of the lease payment which shall be retained by the City to cover its administrative
costs
(f) This section shall be effesfr,,e until Jaooary 1, 1995, ooless before that date the ordinance codified in this
sectio11 is re•,riewed and e~cte11ded by the cit)· cooocil.
(g) This section is intended to permit off site directional sig11s necessary to serve the people of Carlsbad. By
enacting this sestion the CH)' cou11cil does not intend to alter its total ban on all offsite a&,,ertising signs or displays. If
this sestion or any part of it is deemed oosonstitutional all kiosks shall be immediately removed along v,rith all
directional signs permitted l:lflder this section. Any lease paymeat made for the time after the remo1;al of a kiosk shall
•
be rehH1led t_o the lessee, less a eharge oftwen-ty five pereen-t ofth I
payrnen-t w-lueb. shall be reta.ffied by the eity to eoyer its actm· • tr ~-,~ase ( Ord. 9737 §1, 1984) ims a I,e eoSts. Ord• NS-103, 1990; Ord. 9834 §1, 1987;
Sections:
18.20.005
18.20.010
18.20.015
18.20.020
18.20.025
18.20.030
18.20.035
18.20.040
18.20.045
18.20.050
18.20.055
18.20.060
18.20.065
18.20.070
18.20.075
18.20.085
18.20.090
Chapter 18.20
SIGN CODE
Adopted.
Designation of building and
planning director.
Designation of board of
appeals.
Section 204 amended-
Oearance.
Section 214 amended-Sign
and sign area.
Section 304 amended-Fees.
Sections 801, 80~ and 803-
Deleted.
Revocation of permit.
Erection on private property.
Erection on pol~ trees or
public property.
Displaying obscene or indecent
matter.
Maintenance generally.
Obstructing doors, windows or
fire escapes-Attachment to
fire escapes.
Obstructing or confusing
traffic.
Surface requirements for
cenain signs.
Removal of unsafe, illegal or
abandoned signs.
Temporary signs.
Illuminated signs prohibited.
18.20.005 Adopted.
The Uniform Sign Code, 197 6 Edition,
copyrighted by the International Conference of
Building Officials is adopted by reference as the
city sign code for the purpose of controlling the
structural design, quality of materials,
construction, general location, electrification,
and maintenance of all signs and sign structures
within the city except for the changes, additions
431
18.20.005
and amendments in this chapter, which shall
supersede the provisions of said code. (Ord. 8071
§ 1 (part), 1977: Ord. 8050 § 1 (part), 1969)
18.20.010 Designation of building and
planning director.
Whenever the term "building and planning
director" is used in this code it means the build-
ing and planning director of the city or his desig-
nated representative. (Ord. 1261 § 23 (part), 1983;
Ord. 8071 § 1 (part), 1977: Ord. 8050 § l(A), (B),
1969)
18.20.015 Designation of board of appeals.
Whenever the term '"board of appeals" is used
in this code it means the advisory and appeals
boards. (Ord. 8071 § l (part), 1977: Ord. 8050 §
l(C), 1969)
18.20.020 Section 204 amended-Oearance.
Section 204 is amended by the addition of the
following: "Clearance is the least vertical dis--:.
tance between the established sidewalk elevation
beneath any sign and the lowest part of the sign
which projects over such sidewalk area. Where
no projection over a sidewalk is involved, the
term shall refer to the least vertical distance
between the ground and the lowest part of the
sign proper, exclusive of supporting posts or
braces." (Ord. 8071 § 1 (part), 1977: Ord. 8050 §
1(0), 1969)
18.20.025 Section 214 amended-Sign and
sign area.
Section 214 is amended to read as follows:
( 1) "Sign" is any device or display intended or
used for visual communication for the pur-
pose of bringing the subject thereof to the
attention of the public. The term includes any
and all lettering, wording, designs or symbols
applied or attached to any exterior part of any
building, structure or natural object or placed
upon or attached to the ground and all parts,
18.20.025
portions, units and materials· of which it is
composed, together with the frame, back-
ground, supports and anchorage thereof;
(A) No such device or display which is
entirely inside a buil~ng or in the display
space of a lawful show window, unless actually
affixed to the window pane, shall be consid-
ered to be a sign as the term is used in this
chapter,
(B) No official public notice or notice
posted by any public officer in the perform-
ance of his duty shall be considered to be a sign
as the term is used in this chapter and nothing
in this chapter shall be held to interfere with or
regulate such notices,
(2) "Sign Structure" is any structure which
supports or is capable of supporting any sign as
defined in this code. A sign structure may be a
single pole and may or may not be an integral
part of the building;
(3) "Structure" is that which is built or con-
structed, an edifice or building of any kind, or
any piece of work artificially built up or com-
posed of parts joined together in some definite
manner,
( 4) "Sign Area,. is the net geometric area of
a sign, including borders and solid back-
ground and excluding ornamental covering
for structural supports or building walls. One
face of a double-faced sign shall be considered
in determining the sign area; provided both
faces are p~lel. Where the sign consists of
individual letters or symbols, the sign area
shall be considered to be that of the smallest
rectangle which can be drawn to encompass all
of the letters or symbols.
(Ord. 8071 § r (part), 1977: Ord. 8050 § l(E),
1969)
18.20.030 Section 304 Amended-Fees.
Section 304 is amended to read as follows:
Section 304. A combined sign permit fee
and planchecking fee shall be paid by the
applicant at the time of application for a sign
permit based on the following schedule:
432
VALUATION OF SIGN FEE
Less than $20.00 ................ No Fee
$20.00 to and including $100.00 3.75
More than $ 100.00 to and including
$400.00 . . . . . . . . . . . . . . . . . . . . . 6.00
More than $400.00 to and including
$700.00 . . . . . . . . . . . . . . . . . . . . . 10.50
More than $700.00 to and including
$1,500.00 . . . . . . . . . . . . . . . . . . . . 13.50
Each additional $1,000.00 or fraction to
and including $25,500.00 . . . . . . . 6.75.
Valuation shall be determined by the Build-
ing and Planning Director, and in the event of
a dispute in regards thereto, it shall be finally
determined by the City Council.
Where work for which a permit is required
by this chapter is started or proceeded with
prior to obtaining such permit, the fees above
specified shall be doubled. but the payment of
such double fee shall not relieve any person or
persons from fully complying with the requir-
ing of the chapter in the execution of the work
nor from any other penalties prescribed
herein.
(Ord. 1261 § 23 (part), 1983; Ord. 8071 § l (part),
1977: Ord. 8038 § 1)
18.20.035 Sections 801, 802, and 803-
Deleted.
Chapter 8, Sections 801, 802 and 803, is
deleted. (Ord. 8071 § l (part), 1977: Ord. 8038 §§
5 -5.3)
18.20.040 Revocation of permit.
The building and planning director shall
revoke any permit issued by him upon refusal of
the holder thereof to comply wiih the provisions
of this chaptex: If the work authorized under a
sign permit has not been completed within six
months after the date of issuance, such permit
shall become null and void. (Ord. 1261 § 23
(part), 1983; Ord. 8071 § 1 (part), 1977: Ord. 8038
§ 6.2)
.,
18.20.045 Erection on private property.
,~Ncisignsliaffoe-plil(:edupon anyprivate-prop-l
aenyib~ecify-witlrounlreexpress permission of 1 \ • ~
the occupant, owner, lessee or an authorized -~
~ent thereof, nor unless a permit for such sign,1if .:,
."'"~uired by this chapter, has been duly issued.
"'(0rd;-8ff7·t-§-1-c-pmJ;r911:-ora:-so3s-§· 6.3) J
18.20.050 Erection on pol~ trees or public
property.
No person shall erect. paste, print, nail or oth-
erwise affix a sign or notice of any kind, except as
specifically provided in the Uniform Sign Code,
Chapter 6, upon any post, pole or tree in any
street, alley or thoroughfare or on any public
property in the city. (Ord. 8071 § 1 (part), 1977:
Ord. 8038 § 7 (part))
18.20.055 Displaying obscene or indecent
matter.
It is unlawful for any person to display upon a
sign any obscene, indecent or immoral matter.
(Ord. 8071 § 1 (part), 1977: Ord. 8038 § 7 (part))
18.20.060 Maintenance generally.
All signs shall be continuously maintained in a
state of security, safety and repair and shall be
painted at reasonable intervals. If any sign is
found not to be so maintained or is in need of
painting, it shall be the duty of the owner and the
occupant of the premises to repair, paint or
remove the sign within ten days after receiving
written notice to do so from the building and
planning director. If the sign is not so repaired,
painted or removed within such time, the build-
ing and planning director shall have the power to
cause such sign to be removed at the expense of
the owner of the premises. (Ord. 1261 § 23 (part),
1983; Ord. 8071 § 1 (part), 1977: Ord. 8038 § 7
(part))
18.20.045
from any door, window or fire escape, nor shall
any sign be attached to a standpipe or fire escape
or be so located as to interfere with the operations
or use thereof. (Ord. 8071 § 1 (part), 1977: Ord.
8038 § 7.2)
18.20.070 Obstructing or confusing traffic.
No sign shall be erected, relocated or main-
tained at or near the intersection of any streets in
such manner as to obstruct free and clear vision
of vehicular traffic, or at any location where it
may obstruct the view of, or by reason of shape,
lighting, color or lettering, be confused with, any
authorized traffic sign, signal or device or in any
manner interfere with, mislead or confuse pedes-
trians or the operators of vehicles in traffic. (Ord.
8071 § 1 (part), 1977: Ord. 8038 § 7.3 (part))
18.20.075 Surface requirements for certain
signs.
Every sign located on or within five feet of any
street line or sidewalk shall have a smooth sur-
face, free of protruding tacks, nails or wires. ( Ord.
8071 § 1 (part), 1977: Ord. 8038 § 7.3 (part))
18.20.080 Removal of unsafe, illegal or
abandoned signs.
(a); Whenever anf's1gir~r part thereof other
than fh~insuBsection (bTis erecte<i
pr-maintained' in;;,Violatitln'~of2The-p:ovisrons:::s'f·-"" • r
,-.tluschapter· or wh~never any sigriIS Tn a Cbtidi~ • --.>
cti<Jn tooe in danger offalling or 1s a menace to the __j
safety of persons or property, t~~cff'J
;buildingancfplanning~J@! give wrlttenriQtice:t~-~:.i
, the-permittee, owner of ~n-irl:' charge -of the-1
-1
,: sign. ~Udiwffttennonceshall. specify tlie nature-• ..J
"-of the violation, order the cessation thereof and
require either the removal of the sign or the
execution of remedial work in the time and in the
manner specified by the notice-;1lie ume ror-:: ----...,--:--~ ---....c
,remova1-s11an-oc not less than filtecn nor more 3
::iliin"tluny· cafenoar-~y;-~r;;Iil the~e of the }
18.20.065 Obstructing doo~ windows or fire
escapes-Attachment to fire
escapes.
No sign shall be erected, relocated or main-
tained so as to prevent free ingress to or access
-_. ----~~ ' --------"'_.). (-mailing of the notice:-Within ten days of the date
~of mailing-the notice the permittee, owner or
433
18.20.080
person in charge of the sign may request a hear-
ing before the director ofbllilding and planning
or his designee. The hearing shall be limited to
whether the sign was erected or maintained in
violation of this chapter or whether the condition
of the sign is dangerous to the safety of persons or
property. Upon receipt of a written-request for a
hearing the director of building and planning
shall schedule a hearing and send written notice
by first class mail of the time, place, and date for
the hearing. After the hearing the director of
building and planning may affirm, modify or
revoke the order to remove or repaii: The time
for compliance with the original order shall be
stayed during the pendency of the hearing.
Whenever the permittee, owner or person in
charge of the sign fails to comply with an order of
the director of building and planning made pur-
suant to this section the director of building and
planning may remove or alter the sign so that it
conforms to the provisions of this chapter and
Chapter 21.41. The expense of such action by the
director of building and planning shall be
charged to the permittee, owner or person in
charge of the sign. Such amount shall constitute a
debt owed to the city. No permit shall thereafter
be issued to any permittee, owner or person in
charge of a sign who fails to pay such costs. Any
costs, including attorney's fees, incurred by the
city in collection of the costs shall be added to the
amount of the debt.
(b ),-Any-lenering;-aclvettisc:ment, car4 poster, {
__ ) ...-..----.,.1,,.,,..
!illi ·or ~otice of any kind ?laced µpon public j
/property or on any curb, SI~ post, pole, l
t.lamp-post;-hydrant,bridge;-tree or-om-er·surface1
·located on public property in violation of the ' }
: -P!(?visions•15ftnis-code-onmy sign which con~~r'
stiwt~1mmediate peril to persons or prop--~
·erty-may·be·removed·withoulpriur~n:otice··by·any"'
-'•officer=or-employee"of the city designated to do so · }
·;bY the-city· manager:"FoFtlie-purposes" -of this • '. . ,
·su.bsection .. public property" shall include"any /
• public right.;of-way. ~ -------------------• ••
·--: •• (c)-(lfWheiiasign~dr other matter specified in
subsection (b) of this section is posted or caused
434
to be posted in violation of Section 18.20.050 and
the city has incurred any expense in removing
the sign or other matter or in repairing public
property damaged because of the posting of the
sign or other matter, the director of building and
planning may send a bill to the person responsi-
ble for posting or causing to be posted the sign or
other matter for the actual or estimated cost of
removal. Any such expense incurred shall con-
stitute a debt owed to the city. The director of
building and planning may establish admin-
istrative regulations to govern the billing pro-
cedures. Each bill shall include the cost both
direct and indirect involved in the removing of
the signs or other matter and in administering the
billing procedure. The bill shall describe the basis
of the amount billed by indicating the number of
signs or other matter posted illegally, the time
necessary for removal. the hourly cost· for
removal. the right to a hearing and other relevant
information. The bill shall also specify a date by
which the bill is to be·paid which date shall be not
less than ten business days after the bill is mailed.
(2) Every person billed may request a hearing
pursuant to subsection ( d) of this section. Follow-
ing the hearing the director of building and plan-
ning shall within ten business days after the date
of the hearing notify the person billed of any
adjustment to the bill or any det~rmination not
to make an adjustment. This notification shall
specify the date by which such bill shall be paid,
which date shall in no event be less than thirty
calendar days after the date of the hearing.
(3) Any person posting or causing to be
posted a sign or other matter in violation of the
provisions of Section 18.20.050 who fails to pay
the amount billed such person for such violation
within the period specified in this section shall
also be liable for expenses incurred by tfie _city in
collecting the debt, including the cost of paying
city employees or other persons engaged in the
debt collection.
( 4) In any civil action involving any person,
firm or corporation, or the chairman, president
or other head of any committee or organization
•
for violation of any of the provisions of Section
18.20.050 proof that the sign or other matter con-
tains the name of or-otherwise identifies such per-
son, finn or corporation, or the particular committee
or organization involved shall constitute prima facie
evidence that the .person, finn, corporation or chair-
man, president or other head of the committee or
organization involved posted, or caused to be post-
ed, such sign or other matter.
(d) The owner of any lettering, advertisement,
card, poster, sign or notice.of any kind placed upon
public property, or constituting an immediate peril
to persons or property, which has been removed by
an officer or employee of the city without prior
notice to the owner pursuant to the provisions of
subsection (b) of this section may request a hearing
conducted by the director of building and planning
or his designee. The request for hearing shall be
made in writing to the director of building and
planning no later than fifteen calendar days from the
date the director of building and planning mails the
billing statement specified in subsection (c) of this
section or within thirty calendar days of the date of
the removal whichever occurs first. The hearing
shall be limited to detennining whether the lettering,
advertisement, card, poster, sign or notice was locat-
ed upon public property in violation of the provi-
sions of this chapter or constituted an immediate
peril to persons or property and the accuracy of the
amount billed. Upon receiving a written request for
hearing the director of building and planning or his
designee shall set a hearing not less nor more than
thirty calendar days from the date of receipt of the
request and shall provide written notification of the
hearing to the applicanL The notification shall in-
clude the date, time and place" of the hearing. The
decision of the hearing officer shall be final and
nonappealable. Any lettering, advertisement, card,
poster, sign or notice which has been properly re-
moved under this section may be returned to the
owner upon payment to the city of the costs of
removal as specified in subsection (c) of this sec-
tion. If no timely request is made for hearing or if
no demand is made for the return of the materials
removed, the director of building and planning or
435
18.20.080
his designee is authorized to destroy or dispose of ~
the removed material. f •
(e) This section shall apply to campaign signs as:
defined in Sections 21.41.110 through 21.41.160 of
this code except as provided in Section 21.41.150.
(Ord. 8097 § 1, 1983: Ord. 1261 § 23 (part), 1983;
Ord. 8071 § 1 (part), 1977: Ord. 8038 § 7.3 (part))
18.20.085 Temporary signs.
The following types of temporary signs may be
erected without permit or fee, but shall be subject
to the provisions of this chapter:
(1) Portable (Chapter 2-Section 212 Unifonn
Sign Code) temporary signs less than four square
feet except "A" frame signs and directory" A" frame
_ signs as defined in Olapter 21.41 of this code.
(2) A temporary sign descriptive of a building
under construction or proposed to be constructed
and denoting the architect, engineer, contractor or
financier when placed entirely upon private proper-
ty; provided that no such sign for private construc-
tion in a residential district shall have an area in
excess of twelve square feet; and provided, furthe~:{""·_
that every such sign shall be removed immediatel}t: .• •
upon completion of the work. (Ord. NS-260 § 1,
1993; Ord. 8071 § 1 (part), 1977: Ord. 8038 § 7.5)
18.20.090 Illuminated signs prohibited.
No flashing signs shall be pennitted, and all signs
lighted by light sources exterior to the sign shall
have such light sources shielded so as to reflect the
light directly upon the sign. No lighting arrangement
shall be pennitted which, by reason of brilliance or
reflected light, is a detriment to surrounding proper-
ties or prevents the peaceful enjoyment of residential
uses. No sign with intennittent lighting or which is
otherwise animated in any manner shall be pennit-
ted. (Ord. 8071 § 1 (part), 1977: Ord. 8038 § 7.6)