HomeMy WebLinkAbout2001-07-24; City Council; Resolution 2001-2361
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RESOLUTION NO. 2001-236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, FORMING A CITIZEN’S
COMMITTEE TO MAKE RECOMMENDATIONS ON THE
PROPOSED SIGN ORDINANCE AMENDMENTS
WHEREAS, several cities in California have or are currently litigating
the validity of their sign ordinances; and
WHEREAS, the City of Carlsbad was put on notice in 1998 by an
outdoor advertising company that its ordinance may be challenged as well; and
WHEREAS, the adjacent city of Oceanside was recently involved in
litigation concerning its sign ordinance which was held to be unconstitutional and
which resulted in the placement of a number of billboards in that city; and
WHEREAS, therefore, pursuant to Government Code section
65858(a) on December 14,1999, the City Council adopted Urgency Ordinance NS-
526 prohibiting the issuance of sign permits for and/or the construction, erection,
placement or alteration of any freestanding sign with either (i) any dimension of
greater than eight feet (including any support structures and framing), or (ii) with a
sign face area of greater than thirty-five square feet (including any support
structures and framing), pending review and study and a report or recommendation
of the Planning Department and the Planning Commission for any zone code and
sign code amendments ; and
WHEREAS, on January 18,2000, the City Council extended said
interim ordinance (NS-530) for ten months and fifteen days as amended to allow
signs constructed and erected in accordance with a sign program approved prior to
December 14, 1999 and sign programs and/or sign permit applications deemed
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complete, but not yet acted upon prior to December 14, 1999, to be exempt from
the moratorium and the limitations; and
WHEREAS, in the process of reviewing and revising the ordinance
staff initially consulted with developers in the C-M, M and P-M zones in order to
receive their input and recommendations concerning signage in these zones; and
WHEREAS, on September 20,2000, recommendations for the C-M,
M and P-M zones were approved by the Planning Commission after opportunity for
public comment; and
WHEREAS, on November 21,2000, the City Council adopted NS-562
extending Urgency Ordinance NS-530 as amended for up to one year, expiring on
December 14, 2001, or until staff reports their completed recommendations to the
City Council and it acts upon them, whichever comes first; and
WHEREAS, on March 6,200l the City Council adopted Ordinance
No. NS-569 to approve Zone Code Amendment No. 99-09, amending the City’s
Sign Ordinance, (Chapter 21.41 of the Carlsbad Municipal Code), to incorporate
clear and comprehensive sign standards for the C-M, M and P-M zones; and
WHEREAS, staff proceeded to review and revise the City’s sign
ordinance to recommend signage regulations with regard to signage on residential,
retail, office and industrial properties, to make the Code more easily
understandable, and to ensure that the Code conforms to the current state of
constitutional law; and
WHEREAS, on April 4,2001, Planning staff made a presentation to
the Planning Commission at its regular meeting, briefing the Commission on an
overview of the law as it pertains to signage regulations, including concepts and
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principles which staff followed in preparing its recommendations for proposed
revisions to the Carlsbad signage ordinance; and
WHEREAS, thereafter, et the request of the Village Business
Association, the City Attorney and the Housing and Redevelopment Director made
a presentation at the Village Business Association meeting of May 8, 2001 to
explain the intended recommendations for new citywide signage regulations and
how they would affect the Village Master Plan sign; and
WHEREAS, the comprehensive sign ordinance amendment was
noticed for the Planning Commission agenda of May 16,2001, but was continued
on that date since there was inadequate time for consideration and public comment
as regarding the proposed revisions; and
WHEREAS, on June 6,2001, the comprehensive sign ordinance
amendment was once again before the Planning Commission and public testimony
was taken concerning the proposed revisions including testimony by twenty-four
members of the public over three and one-half hours; and
WHEREAS, the Planning Commission at the June 6, 2001, regular
meeting determined that based on the volume of public comment there was a need
for an additional Planning Commission workshop before deliberation on the
proposed ordinance; and
WHEREAS, a special workshop was held on June 13,200l at the
Carlsbad Senior Center, and several members of the public attended and five
members of the public testified before the Planning Commission on the proposed
sign ordinance revisions; and
WHEREAS, on June 20,200l the comprehensive sign ordinance
amendment was again before the Planning Commission for the third time and
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several hours of public testimony from 16 members of the public was considered by
the Commission; and
WHEREAS, many of the members of the public testifying at the above
mentioned meetings requested additional time to review and comment on the City’s
proposed sign ordinance; and
WHEREAS, at the June 20,200l meeting the public also expressed
an interest in having the recommended sign ordinance revisions reviewed by an
independent attorney consultant who specializes in the constitutionality of sign
regulations; and
WHEREAS, at the conclusion of the June 20,200l hearing on the
matter, the Planning Commission unanimously continued the matter to a date
uncertain, and approved a minute motion requesting that the City Council direct that
public workshops be conducted to provide public input on the proposed ordinance
and clarify the recommendations of staff; and
WHEREAS, the Village Business Association in its newsletter of July
2001 made a request that written information concerning the constitutionality of sign
regulation cases be provided to the public for review; and
WHEREAS, on July 9,2001, the City Attorney’s office made such
resource materials, including articles and cases regarding sign regulations available
at the City Clerk’s office, Dove Library and Cole Library for review by any interested
member of the public; and
WHEREAS, at its meeting of July 10, 2001, the City Council
discussed the Planning Commission’s minute motion and unanimously determined
that the general public should be provided additional opportunity to review and
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comment on the proposed ordinance at public hearings to be conducted by a
citizen’s committee; and
WHEREAS, the City’s urgency ordinance cannot be extended beyond
December 14,200l and the new ordinance must be in effect by December 14,
2001 requiring that it be introduced to the City Council no later than November 6,
2001.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitals are true and correct.
2. There is hereby formed a citizen’s committee to study the
proposed revisions to the City’s sign ordinance as currently revised based on public
testimony to date (attached hereto as Exhibit A) consisting of fifteen members
which shall carefully study and consider all appropriate and relevant information,
including public input, and make its report and recommendations to the Planning
Commission no later than September 19, 2001 for Commission’s consideration
before staff finalizes the proposed comprehensive sign ordinance amendment. The
Citizen’s Committee report shall make recommendations with regard to areas of
specific concern to residents, business owners and developers.
3. The Mayor shall appoint one member from the community at large
and each member of the City Council shall recommend two members to the
Citizen’s Committee from the various quadrants who have no financial interest in
Carlsbad other than the ownership of their home, and the additional six members
shall be appointed as follows:
a. Two to represent the Chamber of Commerce;
b. One to represent the Village Business Association;
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c. One to represent the Residential Realtors;
d. One to represent the Retail Development Community;
e. One to represent the Industrial Development Community;
and
f. The Planning Director or his designee who shall be an ex-
officio member of the Committee.
4. The Committee shall be given all necessary support, supplies,
materials, assistance of experts, and other resources necessary for the expeditious
completion of its work.
5. The meetings of the citizen’s committee shall be open and public
and any person may attend. The Committee shall select a chair person from its
members and shall conduct its meetings in general conformance with the City
Council procedures.
6. The committee shall allow a reasonable comment period at each
of its meetings for public comment.
7. That once the Citizens Committee has prepared a report to the
City Council or by September 4,2001, whichever occurs first, the Committee shall
be dissolved.
8. That the Planning Commission shall thereafter in consideration of
the report and the ordinance as then proposed, act on the matter with a
recommendation to the City Council no later than October 23, 2001, which shall
also be provided with the Committee’s report.
9. The initial members of the Committee shall be:
NAME: REPRESENTATION:
Nobh Bailey
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Rich Barnes
Joe Bear %~~I-heact n~~adranf
Julie Spitzer Northeast Ouadrant
Guy Roney III Nor-n+
Bill Lantz Northwest 0-t
Harry Prigg Northwest Quadrant
Leslea Rutledqe Southwest wt.
Joyce Kennedy Southwest O-ant
Bob Ladwig Chamber of Commerce
Diane Scheer CVBA
Kurt Burkhart Business Cmt-.v At Large
Bill Huss Businesstv Af Targe
Rick Blakemore Business Communitv At Large
Scott Brusseau -Communltv At Targe B
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held on the 24th day of
July 9 2001 by the following vote, to wit:
AYES: Council Members Lew
NOES: Council Member Ha
ABSENT: None.
(SEAL)
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