HomeMy WebLinkAbout2023-08-03; Code Enforcement Changes Involving Prohibited Temporary Signs in the Public Right-of-Way (Districts All); Barberio, GaryTo the members of the:
CITY COUNCIL
Date ~/~)J3cA ✓ C~
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August 3, 2023
Coun cil Me morandum
To: Honorable Mayor Bia d Members of the City Council
From: Gary Barberio, Deput anager, Community Services
Jeff Murphy, Community De el t Director
Via: Scott Chadwick, City Manag r
{city of
Carlsbad
Memo ID# 2023083
Re: Code Enforcement Changes ving Proh ibited Temporary Signs in the Public Right-of-
Way (Districts -All)
This memorandum provides information on upcoming changes in how the Community
Development Department, Code Enforcement Division, will be enforcing the city's prohibition of
temporary signs within the public right-of-way.
Background
Section 21.21.030.A of the Carlsbad Municipal Code identifies varying types of signs that are
prohibited in the city. There are two different code sections that cover temporary signs (i.e., real
estate/open house, auction, garage sales, advertisements) that are the subject of this City Council
memorandum:
• Signs physically blocking or impeding the free passage of persons through doors, firescapes
or public rights-of-way (§21.41.030.A.17); and
• Signs erected on or over city property including public easements and public rights-of-way
{§21.41.030.A.18};
Under current procedures, code enforcement staff remove prohibited temporary signs from the
public right-of-way while they are out in the field on other code enforcement matters during the
work week. On the weekends, a part-time Code Enforcement Officer is dedicated exclusively to
locating and removing prohibited temporary signs from the public right-of-way throughout the
city. On occasion, auxiliary officers with the Carlsbad Police Department also remove prohibited
signs.
St aff pick up roughly 40 to 70 prohibited temporary signs each week, many of which are
temporary real estate/open house signs. The collected signs are stored at the Parks Maintenance
Administration Office located across the st reet from City Hall at 1166 Carlsbad Village Drive. The
business owner/responsible party may pick up their signs on any Wednesday, by appointment.
Signs that are uncollected are destroyed within 30 days from removal date.
Discussion
It was recently uncovered that many real estate agents rely on code enforcement staff to collect
and store their signs as a way of avoiding the hassle of collecting the signs themselves following a
house showing. While the city's enforcement procedures are designed to focus on compliance and
Community Services Branch
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-5088 t
Council Memo -Code Enforcement Changes Involving Prohibited Temporary Signs in Public ROW
August 3, 2023
Page 2
not penalty, the current way of handing prohibited signs in the public right-of-way does not
appear to be an effective deterrent. In fact, the city's current process may be encouraging the
referenced behavior. As such, effective September 1, 2023, enforcement procedures for
prohibited signs in the public right-of-way shall be changed as follows:
• Businesses/responsible party may pick up their signs at The Faraday Center (1635 Faraday
Avenue) on the first and third Wednesday of each month between 9 to 10 a.m., by
appointment only. Appointments can be scheduled by contacting the Code Enforcement
Division at (442) 339-2703 or via email at codeenforcement@carlsbadca.gov.
• Any signs pulled from the public right-of-way will be assessed a $25 fine for the first sign
and $5 fine for each subsequent sign that is picked up in a single day, per the City Council
adopted 2023-24 Master Fee Schedule. The fines must be paid before the signs will be
returned.
• In addition to payment of the fines, the business must provide evidence they hold a valid
business license, or a code enforcement action may be initiated for operating without a
business license.
Next Steps
In coordination with Communications, staff has developed a flyer (Attachment A) describing the
new procedures. Starting the week of August 7, code enforcement staff will start handing out the
flyer to individuals picking up signs to bring early awareness of the policy change. Also, during that
week, staff will email the flyer to local brokerages and the California Board of Realtors. Lastly, the
flyer will be placed on the city's website, and Communications intends to place the information on
the city's social media platforms.
Attachment: A. Real Estate Sign Rules, to be distributed the week of August 7, 2023
cc: Geoff Patnoe, Assistant City Manager
Cindie McMahon, City Attorney
Ron Kemp, Senior Assistant City Attorney
Marissa Kawecki, Assistant City Attorney
Zach Korach, Finance Director
Sheila Cobian, Director of Legislative and Constituent Services
Jason Haber, Intergovernmental Affairs Director
Mike Strong, Assistant Community Development Director
Robbie Hickerson, Code Enforcement Manager
Jamie Zeller, Senior Code Enforcement Officer
Andy De La Torre, Code Enforcement Officer
Kyle Ricciarelli, Code Enforcement Officer
Jason Bennett, Code Enforcement Officer
Christopher Jahris, Cashier Manager
Jason Rosado, Business License Manager
Real estate signs in Carlsbad are allowed on private property, with the permission of the owner,
but not on public property, including streets, sidewalks and the city's "right-of-way:'
What is the "Right-of-Way?"
Right-of-way is any public street,
sidewalk, easement or similar public
property owned or controlled by the city
and dedicated to public use. Typically, the
public right-of-way extends 10' from
face of curb.
Why we limit signs
-----------f
The City of Carlsbad understands that signs are considered an important tool for marketing real estate.
Our sign rules are in place primarily to:
• Protect public safety
Signs placed on sidewalks and in street medians pose a hazard to drivers and pedestrians.
Excessive signage can make important traffic and safety signs harder to see.
• Support freedom of speech
This includes the people's right to express political, religious and other noncommercial
messages on their property.
• Maintain community character
Signs and other visual clutter detract from the community's visual appeal.
Why can't real estate signs be an exception?
Local government sign regulations must be "content-neutral"to comply with the First Amendment. In other words, local
governments may place regulations on the"time, place and manner" in which signs are displayed, but may not restrict or
allow signs based on their message.
This means that the city may not single out certain categories of commercial signage to be allowed on public property.
If all businesses were allowed to place signs on public property, the visual character of the city would be significantly
degraded and hazards to pedestrians and vehicles would result.
Enforcement
• Commercial signs, including real estate signs, in the right-of-way will be picked up by city staff .
• Signs can be retrieved by scheduling an appointment with the Code Enforcement Division at 442-339-2703 or
code enforcement@carlsbadca.gov. Appointments are available on the first or third Wednesday of the month,
between 9 and 10 a.m. atThe Faraday Center, 1635 Faraday Ave., Carlsbad.
• Please bring a form of identification, such as a business card or driver's license when picking up your signs.
• As of Sept. 1, 2023, a fee of $25 for the first sign removed, and fee of $5 for any subsequent sign(s) removed, will
be assessed each day that a sign is removed from the public right-of-way. Signs must be picked up within 30 days
of removal or they will be disposed.
over
Other prohibited signs
The following sign types are prohibited in all locations in Carlsbad according to Carlsbad Municipal
Code Section 21.41 .40:
• A-frame signs (allowed for Carlsbad Village businesses with sign permit)
• Animated signs
• Balloons or other inflatable signs or devices
• Beacons
• Billboards
• Bus stop bench/shelter signs
• Digital display signs
• Exposed neon lighted signs on any building elevation that faces and is within five hundred feet of
any property line that adjoins residentially zoned property
• Commercial mascots and hand held or sandwich board signs carried by a person and displaying a
commercial message
• Marker boards
• Mobile billboards or any other type of vehicle that is moving or parked on city streets whose
primary purpose is displaying general advertising
• Roof signs
• Signs attached to trees, plants, rocks, fences, utility poles/cabinets or other objects, the
primary function of which is not to support a sign
• Signs physically blocking or impeding the free passage of persons through doors, firescapes
or public rights-of-way
• Signs erected on or over city property including public easements and public rights-of-way,
except those needed for traffic and public safety regulation and those erected pursuant to
other provisions of the Carlsbad Municipal Code
• Signs simulating in color or design a traffic sign or signal or using words, symbols or characters
in such a manner as to be reasonably likely to interfere with, mislead or confuse pedestrian or
vehicular traffic
• Signs that do not conform with applicable Uniform Building Code as adopted by Carlsbad
and National Electric Code as adopted by Carlsbad
• Most temporary signs, including but not limited to banners (i.e.; feather banners)
and pennants
• Unsafe signs
For more information and to read the sign ordinance, visit www.carlsbadca.gov or call City of Carlsbad
Code Enforcement at 760-602-2703.
(city of
Carlsbad