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Home My WebLink About1972-02-15; City Council; 533-1; Above ground & underground encroachments-< -- TdE CITY OF CARLSBA c k L I F'O z Date: February 15, 1972 :Ref erred To : . .. * Subject: r\ Above-Ground and Underground Enckoachments - Chapter 11.040, Carlsbad Municipal Code Public Works .. Statement of the :.?atter 5 On August 13, 1971, the Chamber of Commerce.requested that the City look ' into the matter of construction of marquees and awnings in the downtown bus i ness area. mission and a $50 filing fee. The Chamber conducted a survey and found that the nei'ghbori'ng cities of Vista, Sari Clemente, Oceanside and Uniforrn Building Code. The -present C i ty ord i nance requ i res C i ty Counc i 1 per- - Escondido did not charge fees and regulated construction by use of the - In view of the widespread use of awnings and'marquses in downtkn areas, it would seem reasonable not to consider them as encroachments reguiring spec ia 1 Counc i 1 approva 1. .. .. - -i Exhibit 1) - Ordinance No. fd&d 2) . Letter from .. Chamber . of Commerce, dated 8-.'13-71. Staff Recommendations .. Pass Ordinance No. f#L& , excepting marquees and awnings from above- ground encroachments. -. . ' . . -. ... '? . .. .' I .. .THE CITY OF Agenda Bill No. 683 CARLSBAD, C A L I F'O R 21 I A . Referred To: Subject: Ordinance 8041 - Non-refundable Application Submitted BY: Fee for Above and Below Ground Right-of-way Encroachments. City Manager Statement of the Natter The Chamber of Commerce has requested the application fee for above %round r'ght-of-w en roachmen s be re in ed In reviewin t e Ordi- ance, it seems tkxt the revocakion of %Le $ee* for above-grgun$ en- croachments might not be desirable since above-ground encroachments includes such items as building, walls, signs, etc. In these cases, considerable staff time is spent in analyzing such requests and making the necessary recommendations to the City Council. However, it may be feasible to except the construction of marquees and awnings (completely supported by the private,structure) from this ordi- nance. The construction of marquees and awnings would then fall under the requirements of the Uniform Building Code, but would require approval by the City Engineer, since they encroach into the air space above the right of way and could conflict with above-ground utilities. Exhibit 1. Letter from Chamber of Commerce dated 8-13-71. 2. Reply from City Manager'dated 8-31-71. Staff Recommendations Refer this matter to the City Engineer, Building Inspector and City Attorney for the purpose of drafting a revision to Ordinance 8041. 9-30 A3 No. .- City Manager's Recommendation Please refer to my letter of August 31, 1g71. Policy Item. Mr. -Spano's suggestion to exempt certain types of structures from encroach- ment permit proceedings appears to be the most workable suggestion brought forward to date. This would allow retail merchants to construct this type of improvement without delay or excess cost. It would provide for more careful review of the.more substantial construction that could occur in a public right-of-way. We suggest this as a most viable alternative to the City Council. If you concur, we would prepare an ordinance amendment along these lines. In the event your decision is-.contrary and you wish to review all types of encroachments, we.would then prepare a modified fee schedule for consideration. i. Council 'Action By motion' of the Council the staff was directed' to prepare a new fee schedule for above-ground encroachments for the next regular meeting of the City Council. 9-7-71 - 9-21-71 - The City Engineer requested this matter deferred for further study. 10-5-7i Staff to prkpare-ordinance amendments for Council consideration (1) allowing building department to issue permits on min,or above ground encroachments; (2) new fee schedule. 4-+72 4-18-72 Ordinance No'. 806.0, was given a first reading by title only and further reading waived. Ordinance No. 8060, was given a second reading by title only and adopted. ,. I. L Aa ~q. Date,. February 15, 1972 c .. .. ... 0. f. .. ** . City Manayer's Reconmendation .. .. - Concur. :- .. .- _. -. .- -0 .. s . .. .. .. to . .. .. .* Counci2 'Action t .. 4-4-72 A. first reading was given Ordinance- #8060, ad2ing MLlni-ciDal .Code, to allow an mounted signs. Section 11.04.120 exception to . Chapter 11.040-of marquees, a-wnings t ti-e and building c - ,. . .. . 0' . .. . .. .* . 0 '. .. .) .. 8. =. -2- .. CHAMBER OF COMMERCE Post Office Box 537 . Carlsbad, California 92008 August 13, 1971 (714) 729-5924 Mayor David M. Dunne Members, City Council City of Carlsbad Subject: Ordinance 8041, "Encroachment on Public Rights of Way" Gentlemen: There have been several complaints in the past few weeks concerning enforcement of Ordinance 8041, specifically in the cases of three firms which have beautified their store fronts and have subsequently been assessed a $50 fee for sidewalk encroachment. ' It is the Chamber's feeling that businesses in the downtown area shodd be encouraged in every way to improve the appearance of their store fronts. We agree with the purpose of the ordinance: to require city ap- proval of any structure or overhang that would encroach upon the city- reserved "set back': however, the levying of the assessment portion of the ordinance would certainly seem to be a definite deterrent to the im- provement of store fronts in downtown Carlsbad. In addition, sidewalk overhangs do serve to aid pedestrians by providing shade from the sun and protection from' the weather. The Chamber of Commerce would greatly appreciate your investigating the possibility of amending this ordinance to encourage rather than de- ter the beautification of our downtown business district. / \ -- P r e s ide n t JWAlcd cc: Wilson's Furniture Flair Carls bad Stationers B & M Gems .. August 31, 1971 Mr. Jim W. Anderson, President Carlsbad Chamber of Commerce P. 0. 60x 597 Carlsbad, Calif. 92008 Dear Jim: Ordinance 8041 provides a non-refundable application fee for both above and below ground right-of-way encroachnents. The evident purpose of these fees was to recover costs involved in processing the permits. This procedure and the fees are common practice in California municipalities. While I concur with your coninent that business in the downtown area should be encouraged to improve the appearance of store fronts, it does not necessarily follow that such encroachments will improve the appearance of a particular structure. In some cases such encroach- ment may detract from the appearance of the building. If considera- tion is given this matter in qeneral, such encroachments possibly should be discouraged where done on an individual business basis. Obviously the situation would vary from block to block in the C.B.D. It is possible to improve the qeneral appearance of a business block by construction of a uniform overhang or arcade along the entire front- age of the block in question. In this case the application fee would be minimal since one permit could encompass an entire block. As we work on methods to improve the appearance of the downtown and to en- courage more adequate offstreet parking, such block arcades or ovcr- - hangs are well worth considering. Under California law a City nay rent air space over public rights-of- way; however, the fee is in no way rental, simply a charge to cover processing costs which would otherwise be borne by the general prop- erty taxpayer in the City. This matter will be placed on the September 7, 1971 City Council agenda. Perhaps removal of the fee part of the ordinance as it applies to above- ground encroachments should be considered as we could not grant excep- tions to one geographic area of the City. If you have further comments on the subject, or other members of the Chamber do, please contact me prfor to the Council meting. . l4r. Jim W. Anderson -2- I( August 31, 1971 Thank you for bringing this matter to our attention. Sincerely, JBA:hl cc: City Council i Jack S. Arnold City Manager . a 9 10 11 12 13 14 15 16 17 1E 19 2c 21 2% 22 24 25 26 .27 2€ 2s 3c 31 3; .I . ORDINANCE NO, 8060 AN ORDINANCE OF THE CITY OF CARLSBAD ADDING SECTION 11.04.120 TO CHAPTER 11.040 OF THE CARLSBAD MUNICIPAL CODE. , THERE IS HEREBY ADDED TO THE MUNICIPAL CODE OF CARLSBAD, SECTION 11.04.120, WHICH IS TO READ AS FOLLOWS: EXCEPTIONS: Marquees, awnings, and building mounted signs, completely supported by a private building, in a commercial zone are excepted from the provisions of this Chapter. The City Engineer may grant conditional permission for the encroachment of marquees, awnings, and building mounted signs. All such installations shall be in conformance with the require- ments and regulations of the Uniform Building Code, latest edi- tion,and the City sign ordinance. PASSED, APPROVED, AND ADOPTED on this 18th day of , 1972, by the following vote, to wit: Apri 1 AYES: Counci1.men Dunne, McComas , Jardine, Castro and Lewis NOES: None. ABSENT: None DAYID M. DUNNE, Mayor ATTEST : (Seal ) I 4 ...~. . . , . __....__I .... .. - .__ .. .~ . . -. . .I. _.._I