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Home My WebLink About1978-04-04; City Council; 5390; Public Nuisance: 5335 Paseo del Norte\ t .- CITY OF CARLSBAD w Initial: Dept, Hd. C, Atty,vQ AGENDA BIU NO, 5' 378 DATE : April 4, 1978 DEPARTMENT: City Attorney Subject: C. Mgr. 4- PUBLIC EJUISANCE ALLEGED TO EXIST AT 5335 PASEO DEL NORTE -- WESELOH CHEVROLET SIGN Statement of the Matter Municipal Code Section 21.62.010 makes a violation of the Zoning Code a public nuisance. Manager, which was forwarded to my office, indicates that a freeway oriented, freestanding sign, on the Weseloh Cevrolet property, is in violation of both the Municipal Code and the Specific Plan Ordinance for Car Country (No. 9288). A report from the City On December 15, 1977, Weseloh was served with a written notice to remove the sign and abate the nuisance. As of this date the sign has not been removed. Attorneys for Weseloh Chevrolet have indicated that in their opinion the sign is not in violation and, in any case, was built pursuant to City permit and that we are estopped to require its removal. -. Therefore, it is my recommendation that if the Council wishes to pursue the matter, the proper action is to institute civil abatement proceedings to declare the sign a public nuisance and to authorize the City Attorney to proceed and file the litigation in Superior Court seeking an injunction ordering its removal. The first step in this procedure requires the City Council to set the matter to public hearing. A resolution in that regard is attached. Exhibits 1. Report to City Manaqer from Planning Director, 11-23-77. 2. Letter of December 15, 1977 from City Manager'lio ' 3. Resolution No. Ben Weseloh. &- Recommendation If the City Council concurs, your action is to adopt Resolution No. 536q . AGENDA BILL NO. 5390 April 4, 1978 4-4-78 Resolution #5364 was adopted, setting a public hearing to consider a public nuisance alleged to exist at 5335 Paseo Del Norte in the City of Carlsbad. 4-18-78 The matter was continued to June 6, 1978. -c m:loAwwuM November 23, 1977 TO: PAUL BUSSEY, CITY P1WGER rn0.I : JM4ES C. I-IAWY, PLNWING DIRECTOR SUBJECT: FREENAY ORIENTED SIGN - IESLOH CHEWROUT The subject sign was constructed the week of November 14-18/77 and is illegal. ambiguous, but there is sufficient ordinance regulation and data to indicate that the sign was constructed illegally. Unfortunately the facts on record are not complete and are In summary, the sign permit was approved for a site near the freeway on June 10, 1976 (by Dana Hield) . The foundation hole was inspected and approved on September 7, 1976 (by Tony Mata). After this inspec- tion, someone in either Building or Planning noted that the orientation of the sign was wrong, and Wesloh or the sign company was contacted and construction of the sign was halted. error and stop order was done verbally without records and no one can now remember who was involved (including Dana and Tony). Unfortunately, the noting of the Nevertheless work was stopped and not started again until November '77, a time difference of over a year. lation states that "...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." This section was adopted February 1, 1977 after the permit was issued. It is my interpretation that the sign per- mit expired either at 6 months from issuance or 6 months from ordinance adopt ion. Section 1&2Cl.040 of the sign regu- However, we should review with the City Attorney: 1) Is this revocation section retroactive to this permit, and 2) Does Tony's approval of the footing trench constitute completion of the project, since evidently that's the only inspection customarily given to freestanding signs. For your information, I have attached a history of events related to the development of Wesloh Chevrolet and the sign in question. JCH: BP: nm Attachment BACKGROUND AND HISTORY OF DEVELOPMENT OF WESELOH CHEVROLET AS OF NOVEMBER 23, 1977 1. The Weseloh site is within Car Country which was approved by SP 19 in January 1972 (Ordinance 9288) . Condition 5 states that Car Country is limited to one freestanding freeway oriented sign (This was done even though the zone oode does not provide for such signs. adopted April 1969 ets only freeway signs to restaurants, mtels and service stations at freeway cpdrmt. ted that the SP was a higher order regulation than zoning), Sign de Evidently it was in- 2. Planning Conmission approved Weseloh site plans for the buildings as presently existing on 6-11-75, Approvals did not include signs. Building permits issued for construction of buildings on Weseloh site December 1975. which provides for 604.5 sq. ft, of total sign area permitted on site. 3. The buildings have a linw footage of 403 ft., 4, Building Department received a letter dated June 10, 1976 froinJohn my, attorney for Car Country, explaining that Car Country had approved a freestanding freeway oriented sign for Weseloh. A copy of the letter with site plan for sign are on file in Building Departxlent. Planning staff appmed a freestanding sign for Weseloh on June 10, 1976. There is no oopy of the location map with the sign pensit but a copy of the sign permit was given to us frm Car Country's attorney, It is the same plan as attached to John lcroy's letter and shows approval by Ray Green for the location as it presently exists. area of 130 sq. ft. 5. The sign is 25'9" highzwith an 6, Foundation hole for this freeway oriented freestanding sign was approved by Tony Mta on September 7, 1976. 7, Agreements were reachd be-een Car Country and the City for the "Car country" sign as stipulated h SP 19 (A.B. 3763), approved by City Council on September 7, 1976, City Park. It was constructed and it is located near the 8. On Septenhr 13, 1976 Planning Director Agatep (prepared by Allen lkacham) hformd milding Departrryyt through office memo that illegal signs were placed on Weseloh site inClUahg one oriented to the freeway. there is no record that'veseloh was contacted but staff m4mrs do recollect that contact was made W rme these signs. were constructed of wood and were temporary. temporary signs up because of the stop order on the permanent sip that was issued on June 10, 1976. Unfortunately, These signs Possibly Weseloh put these 9. Three wall signs were approved by Planning on 12-15-76 (by Tom Hagman). The area of these wall signs totals 233 sq. ft. leaving 370.5 sq, ft, of sign area that could be added. The wall signs were approved subject to the rmval of the teplporary wood signs (They were renoved). - c. -c 10. On February 1, 1977, The City Council adopted ordinance 8071 that adapted by reference the 1970 edition of the Uniform Sign Code subject to addition, One addition is "If the work authorized under a sign pennit has not been carplet& within six mnths after date of issuance, such permit shall became null and void" (Sectm 18.20.040) . According to the Building Department, prior to adoption of this amrkkent, the City operated under Ordinance 8020, adopted February 16, 1954, which states under Section 6 that permits far signs shall -ire in 6 mnths if mrk is not cmpleted (It is my understanding that this ordinance is still in effect). It was noted that in the week of Nove&er 14th, the freestanding sign that is oriented 1976. 11. the freeway was constxucted at the site as approved June IO, No inspeCtian was called for or given. -2- b .. 1200 ELM AVENUE Office‘ of the Ciry Mafia& * CAHLSBAD, CALIFORNIA 92ooa .. December 15,, 1977 - .. Mr. Ben Weseloh Weseloh Chevrolet Company 5335 Paseo Del Norte Carlsbad, California 92008 1 ELEPHONE: (714) 7241181 During the week of November 14, 1977, a freeway oriented freestanding sign was constructed on the Weseloh Chevrolet Company property located at 5335 PaCjeo Del Norte. This sign is in violation of both the Municipal Code and Specific Plan Ordinance 9288 which approved the overall plan for the auto dealership on Paseo Del Norte. The staff is aware that a prmif-, was Tssued on Junz 10, 1976 for this sign but it was not issued under any legal provisions of the code. Further, the permit had expire4 prior to the erection of the sign. - . Don Agatep, former Planning Director, and I had indicated to you in previous conversations that you. could, under the code, erect a sign oriented to Paseo Del Norte but that d freeway oriented sign was prohibited. This letter is official notice that the sign must be oved within the next 30 days. PAUL D. BUSSEY City Manager PDB : ldg a! cc: Planning Director City Attorney .. 1 2 3 4 5 6 7 a 9 IC 11 12 12 14 1: l€ 17 1E 1s 2c 21 2; 22 24 2: 2E 27 2E -- RESOLUTION NO. 5364 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING A PUBLIC HEARING TO CONSIDER A PUBLIC NUISANCE ALLEGED TO EXIST AT 5335 PASEO DEL NORTE IN THE CITY OF CARLSBAD. WHEREAS, a report from the City Manager indicates that a freestanding sign, located adjacent to the Interstate 5 Freeway right-of-way on the Weseloh Chevrolet Company property, is in violation of the Municipal Code and the Specific Plan applicable to the property; and WHEREAS, Section 21.62.010 makes any violation of said COL~ a public nuisance; and WHEREAS, Chapter 6.16 of the Carlsbad Municipal Code provide a procedure for the abatement of nuisances within the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The real property upon which the public nuisance is alleged to exist is the Weseloh Chevrolet property, known as 5335 Paseo Del Norte and Assessor’s Parcel 211-060-10, Carlsbad, California. 2. The City Council does hereby declare its intention to hold a public hearing at the hour of 7:30 P.M., at the City Hall Council Chambers, 1200 Elm Avenue, City of Carlsbad, on April 18, 1978 to hear and consider any and all evidence and objections regarding whether a public nuisance exists as alleged on the subject property. At said time and place the Council will determir 16 17 le 19 2c 21 22 23 24 25 26 27 28 29 whether or not such a public nuisance exists on said property. 3. If, after said public hearing, a public nuisance is found to exist.on the subject property, the Council will order the abatement thereof at the expense of the person creating, causing, committing or maintaining it, and will make the cost of such abatement a personal obligation of the person creating, committing or maintaining the public nuisance, a lien against the subject property, and a special assessment against the subject property. 4. The Director of Building is directed to post this resolution and otherwise give notice of this matter as required by Section 6.16.060 of the Carlsbad Municipal Code. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, heldzon the 4th day of April , 1978, by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear and Councilwoman Casler NOES : None ABSENT : None ATTEST : Y&& DAMS ,/ City Clerk (SEAL) 2. DATE : APRIL 14, 1978 TO : CITY COUNCIL FROM: City Manager SUBJECT: AGENDA BILL 5390 - WESELOH CHEVROLET SIGN A request has been received from Mr. Nicholas C. Banche, Attorney for Weseloh Chevrolet, that the public hearing scheduled for April 18, 1978 be continued to the next regularly scheduled Council meeting. Staff reports will be submitted with the agenda bill packet for the May 2, 1978 meeting. PAUL d. BUSSEY City Manager PDB : ldg Att. . LAW OFFICES OF DAUBNEY AND BANCHE A PROFESSIONAL CORPORATION 702 FOURTH STREET POST OF-FICE nox 390 OCEANSIDE. CALIFORNIA 92054 WILLIAM ti DAUDNLY NICHOLAS C BANCHt CLAP3 [IN Ct hi __- S Cti LE tl U B ER City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, California RE: Wese Dear Margaret: April 13, 1978 92008 oh Chevro-et matter AREA CODE 714 TE LEf'HON E 722-1 OD1 It is respectfully requested that'the public hearing, regarding the above'referenced matter, currently set for April 18, 1978, be continued to the next regularly scheduled Council Meeting, The reason for this request is a conflict by virtue of a prior commitment to appear before the Encinitas School Board on the night of April 18. It would not seem that any particular prejudice would arise by virtue of this delay. I have discussed the matter with the City Attorney and believe that he would not oppose my request. Sincerely, NICElOLiAS C. BANCIIE NCB: jp cc: Vince Biondo, Jr. Wcseloh Chevrolet WILLIAM H. DAUBNEY NICHOLAS C BANCHE CLARENCE H. SCHLEHUBER LAW OFFICES OF DAUBNEY AND BANCHE A PROFESSIONAL CORPORATION 702 FOURTH STREET POST OFFICE BOX 390 OCEANSIDE. CALIFORNIA 92054 .- April 13, 1978 City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: Weseloh Chevrolet matter Dear Margaret: It is respectfully requested that the public hearing, regarding the above referenced matter, currently set for April 18, 1978, be continued to the next regularly scheduled Council Meeting. The reason for this request is a conflict by virtue of a prior commitment to appear before the Encinitas School Board on the night of April 18. It would not seem that any particular prejudice would arise by virtue of this delay. I have discussed the matter with the City Attorney and believe that he would not oppose my request. Sincerely, NI~HOLAS c. BANCHE NCB: jp cc: Vince Biondo, Jr. Weseloh Chevrolet