HomeMy WebLinkAboutFoster & Kleiser; 1984-01-17;clyc; -F CARLSBAD - AGENtc-- ILL ?6 ’ +J
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HTG. 12/'20/83 REQUEST FORRE-EVALUATION OF CITY VALUATION&ABATEMENTTIME CXUACARLSBAD
IEPT. PLN BOULEVARD BILLBOARD - MIRANDON INC., & FOSV- CITY MGR.--
RECOMMENDED ACTION:
Staff is recommending that the City Council by minute motion DENY a request by Mirandon Inc., & Foster-Kleiser asking the city to re-evaluate the value and abatement time established for a billboard located along Carlsbad Boulevard south of Palomar Airport Road.
ITEM EXPLANATION
In May of 1983 the City Council adopted Ordinance No. 9674 which established time limits for the abatement of legally erected non-conforming billboards. There are two billboards in the city wf7ich were affected by this ordinance. They are both located along Carlsbad Boulevard south of Palomar Airport I%xd. Based on criteria established in the ordinance the building department determined a fair market value for the two signs. Based on the value determined by the building department the signs could be removed after 3 and 4 years. The owners of the signs were notified of the abatement period (notice from City Manager's Office attached). Foster-Kleiser & Mirandon, owners of the signs have appealed (letters attached) the 3 and 4 year abatement periods stating that they are not consistent with the payment schedule used by Cal Trans.
Staffs feeling is that the valuation and the time permitted for abatement of the signs is fair. ?he building department conferred with the sign industry regarding costs before determining the value of the signs. The abatement times
are consistent with the city's new ordinance which is not required to be consistent with Cal Trans policies. For further information please see the attached agenda bill (May 3, 1983) for the adoption of Ordinance No. 9674.
FISCAL IMPACT
There will be no fiscal impact created by either approval or denial of the applicant's request.
ENVIRONMENTALREVIEW
A Negative Declaration was issued by the Land Use Planning Manager for Ordinance No. 9674 which established the abatement time. The Negative Declaration was
approved by the Planning Commission on April 13, 1983.
EXHIBITS 1. Letter from Mirandon Inc. w/attachments 2. Letter from Foster & Kleiser dated July 25, 1983 3. Notice from City Manager's Office dated June 27, 1983 4. Agenda Bill dated May 3, 1983 w/attachments 5. Memo from Sr. Building Inspector dated January 27, 1983
MINUTES -
IW
January 17, 1984 Page 7
(114)
(96)
Council adopted the following Resolutions:
REs0rxr1oN No. 7474, APPmvItG AN AMENmmm !m CONDITION #15 OF CONDITICNAL USE PERMIT CUP-217 PFUNIDINAGE RESTRICTI6JS aJA SENIOR CITIZEN HOUSItG PFQJECTON PF0PERTY LLXATEDAT 3363 TYLER STREET.
RESOLurICNNo. 7475, APPWVTNG ?N AMENWEW10 CONDITION #12 OF CCNDITIONAL DSE PERMIT CUP-220 PRXCDING AGE RESTRICTIcNS CNASENIORCITIZEN HWSING PIXXECT(xJ PJQPER'IY IIXATEDAT 987 CH-IN.
15. AB #7616 - 2ONEcoDEAMENINENTALJXX'ING CONSIDERATICN OF MIN IWAREHOUSES BY CONDITIONAL USE PEWIT - ZCF-170 -CITYOF CARLSBAD.
Mike Holzmiller, Land Use Planning Manager, gave the staff report as mntained in the Agenda Bill. In answer to Council query, he stated these applications would not oome before the Council unless appealed from Planning Commission.
Mayor Casler opened the public hearing at 8:26 p.m. and issued the invitation to speak.
Mr. Ken Perkins, 6406 Camino De1 Parque, addressed Council stating his concern for the property across the street from Alta Mira and stating that the residents there mid cppose any miniwarehouses being built there.
Since no one else wished to speak on this item, the public hearing was closed at 8:29 p.m.
Council intrcduced the following Ordinance:
ORDINANCE No. 9707, AMENDING TITLE 21, CHAPTER 21.42 OF THE CANSBAD WNICIPAL, OODE BY THE ADDITION OF SUBSECTION 21.42.OlO(S)(CC) 'ICI AJJXW WNSIDERATION OF
MINIWAFUNWSES BY CX)PJDITIONAL ml?, PERMIT.
HOUSIXANDREDEVEIIDPMENTCOMMISSICN:
Council adjourned to the Housing and Redevelopment Comnission at 8:30 p.m. and re-convened at 8:35 p.m. with all Council Merrbers present.
DEPAR'NENTALANDCITYMANAGER REKN?IS:
Planning
16. AR #7307 - Supplement #2 - P-ST FOR RE- EXALUATICN-RI-S -MIRANDON, INC. ANDFOSTER- KLEIFER.
Marty Orenyak, Building and Planning Director, gave the
staff report, using a transparency to show the location of the billboards. Mr. Orenyak stated using the CalTran schedule, the time allowed for dismantling these billboards wmld be increased to five years.
Mr. Ron Sibreoni, Foster and Kleiser, 1550 West Washington Blvd., Los Angeles, addressed Council
stating if this plan were adopted, they would reeve their billboard within five years.
MEMBERS ’
Casler
Lewis Kulchin Chick Prescott
Casler Lewis Kulchiln Chick Prescott
MINUTES ‘-
January 17, 1984 Page 8 COUNCIL \;
MEMBERS
(96)
Mr. Charles Mirandon, owner of Mirandon Outdoor Advertising, addressed Council stating he was willing to axply with the five-year limit for the remval of their billboard.
Council discussed the formula for determining of the value of the billboards and the need for a signed agreement with the sign qanies for the oval of the billboards within five years.
The City Manager suggested the agreement contain a provision for tranfer of clwnership of the property, at which time the City could require the immediate renxoval of the signs.
In response to query, the City Attorney stated the sign! are illegal and no one auld rebuild them if anything happened to the signs during that five-year period.
Council agreed to re-evaluate the value of the billboard signs and provide for remval within five years, subject to the owners signing an agreement to that effect.
Building
17. A0 #?617 -APPEALOF Burmmm PLANNING DIRKCT~R% mcrsrm ~0 REMovE rLLM;AL OFF-PREMISE ADvERTISrNG SIGNS.
Marty Orenyak, Buildiing and Planning Director, gave the staff report on this item as contained in the Agenda Bill.
Mr. Mi&ael Pa&, 7170 Ronson Road, San Diego, representing Harvey & Carpany Outdoor Advertising, addressed Council stating the directional signs of the real estate ampanies are necessary to help prosFctive custofners find the housing development. He stated the need for a provision for real estate development signs, and urged Council to have a mrkshop with the sign people to work this out.
rn response tocouncil query, he indicated that the signs Q not have valid permits at the present time.
Mr. Marc Stins, LaJolla, representing McKellar Developinent, addressed Council stating prospective buyers need directional signs to help them locate projects, and without such signs they make illegal U- turns and drive nore dangerously. He stated the siqns are in County pockets along El Camino Real and if signs
were allowed in Carlsbad, the signs muld be farther apart and fewer in number.
Mr. E. D. Richardson, Al Wylie Associates, 6332
Riverdale Street, San Diego, spoke to Council stating there is a need for some kind of sianing. Mr. Richardson stated he mid serve on a wxkshop con-nnittee to work with Council and the developers to
solve this problem.
Casler Lewis Kulchin Chick Prescllott
-
FOST E R AND K L E I S
A METROMEDIA COMPANY
1550 WEST WASHINGTON BOULEVARD
LOS ANGELES. CALIFORNIA 90007
(213) 731.5111
October 10, 1985
Mr. Daniel S. Hentschke Assistant City Attorney City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008-1989
RE: Off premise advertising display on Parcel No. 214-021-03 Carlsbad, California
Dear Mr. Hentschke:
Please find enclosed a signed and notorized agreement which Foster and Kleiser and the City of Carlsbad agreed upon in January, 1984.
We have signed this agreement with the intent that all conditions existing at the time of this agreement are the same in 1989 when the display is required to be removed.
Very truly yours, ,
L. Ronald Cipriani Director of Public Affairs Southern California
LRC:kf Enclosures
cc: Arnold Wadler, Esq.
SERVING MAJOR METROPOLITAN MARKETS THROUGHOUT THE UNITED STATES.
VINCENT F. BIONDO, JR.
CITY AnORNEY
DANIEL S. HENTSCHKE
ASSISTANT CITY Al-fORNEY
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989 (619)438-55sr
January 20, 1984
Ron Cipriani Foster and Kleiser 1550 West Washington Boulevard Los Angeles, California 90007
RE: OFF FREiMISZ ADVERTISIWG DISPLAY CD PARCEL NO. 214-021-03 IN THE CITY OF CAkLSBAD, CALIFORNIA
Dear Mr. Cipriani:
On January 17, 1984 the City Council of the City of Carlsbad upheld your appeal of the valuation of the above referenced advertising display. The new valuation is $6975.00. Pursuant to Carlsbad Municipal Code Section 21.41.088(d) the display shall be removed ndt later than January 17, 1989. You indicated to the Council that Foster and Kleiser would agree to remove the display by that date. Please indicate your assent by signing this letter in the space provided below and return the letter to our office. By signing this
agreement you also agree to waive any objections to the determination of value or to the provisions of Chapter 21.41 of the Carlsbad Municipal Code as it relates to the display referenced above.
Thank you for your courtesy and cooperation in this matter. If you
have any questions please don't hesitate to contact me.
- .--v._ _...e_. .- __
Assistant City Attorney
Agreement accepted FOSTER AND KLEISER
(please notarize)
rme c: Director of Building and Planning
.._ / Mv Comm. Irpiro lhw.lI.‘:~-~~*.W”..l~ .,?,l.._l .L’.,?,.b!.!;* .!_.
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OFrlClAl IEn1 JULIE GALLARDO
~IOlARl PIJBLIC--CA~IFORNJA
PWNCIPAL OFFICe I,,
LOI ANGELFS~COUHTI g
STATE OF CALIFORNIA, )
LOS ANGELES i ss. COUNTY OF
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JULIE GALLARDQ
IJOTAXI PUOLlC CAllFOilNlA I’R,NcIP*L 0FFIT.i M, LO\ ANGELEI COUNTI 5 My Comm. e*p:re, M”, 76. 190” .,
ON October IO 1985
*i before me, the undersigned, a Notary Public in and for the said State, personally appeared :! L. Ronald Cipriani , known to me to be the .3 RIXtibk&d_nirclrtnrnfi rs , known to me
irKbeA-mtixKxuuuwuYYrwwrHlcuuvxI
-- the Corpcration that executed th_ i within lnctrlrnrrnt knnvln tq me to ..1..1. . ..“.I Ylllrlll, r$ll”“ll LY be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
I resolution of its board of directors.
: WITNESS my hand and official seal.
~C~NOWLEOCMENT-CO~D.~~~S. 6 Sec.-Wolco~ta lorm ZX--Rev. 164
WRITE IT - DON’T SAY 1’1 !
Date b/L/87 19
To City Clerks Office 0 Reply Wanted
From Code Enforcement Officer q lNo Reply Necessary
Please file this agreement in the appropiate file- It was in the
City Attorney's files and I felt your office should have a copy for
record-
I. Harrington
AlONER FORM NO. 55432 PRINTED IN us*