HomeMy WebLinkAbout1983-05-03; City Council; 7307-1; Zone Code Amendment - Billboards1 cm JF CARLSBAD - AGEND~ILL
ZCA-164 - ZONE COnE AMENDMENT -
BILLBOARDS
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HTG. 5/3/83
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RECOMMENDED ACTION:
Both the Planning Commission and the staff are recommendinq that the City Council introduce Ordinance No. 9(07r/ .
ITEM EXPLANATION:
On March 1, 1983, the City Council referred Ordinance 9674 to the Planning Commission for their review and recommendation. This ordinance would establish,time limits €or the removal of leqally erected billboards. The proposed ordinance would only affect two billboards, both located alonq Carlsbad Boulevard south of Palomar Airport Road. The ordinance would also amend the Zoninq Code to list signs as a permitted use in all the zones as lonq as they complied with all applicable provisions of the City's Siqn Ordinance.
For further information, please see the attached Planninq Commission staff report and the attached memorandum from the Citv Attorney's Office dated January 31, 1983.
FISCAL IMPACT:
If the full abatement period for the two existing billboards is
completed, there will be no fiscal impact to the City. A fiscal impact could occur if the City decides to "buy out" the siqns before the abatement period is complete (3-4 years).
ENVIRONMENTAL REVIEW:
A Negative Declaration was issued by the Land Use Planninq
Manager and approved by the Planninq Commission on April 13,
1983.
EXHIBITS:
1. Ordinance 9674
2. Planning Commission Resolution 2101
3. Planning Commission Staff Report dated April 13, 1983
- ?XHIBIT "A"
LWCH 25, 1983
ORDINANCE NO. 9674
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
VARIOUS CHAPTERS AND SECTIONS TO BRING THE
PROVISIONS OF THE CARSLBAD ZONING ORDINANCE
PERTAINING TO REGULATION OF SIGNS INTO
CONSISTENCY WITH CHAPTER 494 OF THE CALIFORNIA
STATUTES OF 1982.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: This ordinance is a continuation of the
efforts of the City of Carlsbad to regulate and eliminate certain
signs and structures in the City in a manner which is consistent
with the provisions of state and federal law. The City Council,
therefore, determines that the facts, findings and conclusions
made by the City Council when it adopted Ordinance No. 9608 are
are still true and the City Council hereby reaffirms the facts,
findings and conclusions contained in Sections 1 and 2 of
of Ordinance No. 9608.
SECTION 2: That Title 21, Chapters 21.07, 21.08,
21.09, 21.10, 21.12, 21.14, 21.16, 21.18, 21.24, 21.25, 21.26,
21.28, 21.29, 21.30, 21.32, 21.34, 21.36, 21.37, of the
Carlsbad Municipal Code are amended by the addition of Sections
21.07.020 (13), 21.08.010 (9), 21.09.020 (6), 21.10.010 (lo),
21.12.010 (6), 21.14.010 (5), 21.16.010 (7), 21.18.020 (19),
21.24.010 (5), 21.25.030 (23), 21.26.010 (28), 21.28.010 (8),
21.29.030 (4), 21.30.010 (27), 21.34.010 (6), 21.36.020 (12),
21.37.020 (5) respectively, all of which additional subsections \
shall read as follows:
"Signs subject to the provisions of Chapter 21.41."
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SECTION 3: That Title 21, Chapter 21.41 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.41.010 to read as follows:
21.41.010 Application - Violation. (a) The provisions of this chapter shall apply
generally to all zones established by this title, (b) It is unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use or maintain any sign within the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person, firm, or corporation violating any of the
provisions of this chapter shall be punished according to the
provisions of Chapter 1.08 of the Code, And each such person,
firm, or corporation is guilty of a separate offense for each
and every day or portion thereof during which any violation of
any of the provisions of this chapter is committed, continued or
permitted. In addition, any sign maintained, used or permitted
contrary to the provisions of this chapter shall constitute a
public nuisance.
SECTION 4: That Chapter 21.41 shall be amended by the
addition of Section 21.41.088 to read as follows:
21.41.088 Special Provisions for Certain Off Premises Aavertisins DisRlays. (a) This section is adopted pursuant to the provisions of Chapter 494 of California Statutes of 1982,
(b) This section shall apply to all off-premise advertising displays which were lawfully erected prior to November 6, 1978 in compliance with state laws and local
ordinances in effect when the displays were erected or to any
display lawfully erected after November 6, 1978 provided that the
display has been maintained in full compliance with the law or ordinance which permitted its erection. Any sign which was lawfully erected after November 6, 1978 and which has become illegal pursuant to the law under which it was erected may be removed pursuant to the provisions of this code for the removal of any other illegal sign,
Owners of any advertising displays subject to the provisions of this section and located on land shown on the general plan as residential or agricultural, and to the owner or owners of the
land on which this display is located, that such display shall be removed after the expiration of the time period established according to this section.
upon expiration of the period of years after notice to remove has
been given, established in the following schedule:
(c) The City Manager shall give notice to the owner or
(d) Off-premise advertising displays shall be removed
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FAIR MARKET VALUE ON DATE YEARS ALLOWED OF NOTICE TO REMOVE BEFORE REMOVAL
Under $1,999 2
$2,000 - 3,999 3
$4,000 - 5,999 4
$6,000 - 7,999 5
$8,000 - 9,999 6
$10,000 and over 7
(e) The fair market value on the date of the notice to
remove shall be established by the Director of Building and
Planning and shall be included by the City Manager in the notice
to remove.
(f) The owner of the sign or the property upon which it is located may appeal the determination of the fair market value on the date of the notice to remove to the City Council in writing within thirty days after the date that the notice by the City Manager is mailed. An appeal to the City Council shall not
affect the date of the notice to remove for the purposes of
calculating the time for removal.
EFFECTIVE DATE: This Ordinance shall be effective
thirty days after its adoption and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 3rd day of I
19 83 , and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 17th day of mY 1983 by
the following vote, to wit:
AYES :
NOES : None
ABSENT: Council Mkr Kulchin
Council MenJsers Casler, Ikwis, chick and prescott
9hdk SLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, CITY CLERF
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WHEREAS, the Planning Commission did, on the 13th day of I April, 1983, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
IA)
That the above recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 2101 --___ -
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTERS 21.07, 21.08,
21.09, 21.10, 21.12, 21.14, 21.16, 21.18, 21.24, 21.25,
21.26, 21.28, 21.29, 21.30, 21.32, 21.34, 21.36, 21.37, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS
21.07.020 (13), 21.08.010 (9), 21.09.020 (6), 21.10.010
21.18.020 (19), 21.24.010 (5), 21.25.030 (23), 21.26.010
21.34.010 (6), 21.36.020 (12), 21.37.020 (5) RESPECTIVELY,
AND, TITLE 21, CHAPTER 21.41 IS AMENDED BY THE AMENDMENT
OF SECTION 21.41.010 AND THE ADDITION OF SECTION 21.41.084 TO ESTABLISH A TIME LIMIT FOR REMOVAL OF LEGALLY ERECTED BILLBOARDS. APPLICANT: CITY OF CARLSBAD CASE NO. : ZCA-164
(lo), 21.12.010 (6), 21.14.010 (5), 21.16.010 (7)r
(28), 21.28.010 (8), 21.29.030 (4), 21.30.010 (27)f
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B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZCA-164, according to
Exhibit "A", dated March 25, 1983, attached hereto and made a part hereof, based on the following findings:
Find ing s :
1) That billboards are an inappropriate form of advertising in
Carlsbad.
2) That this ordinance will allow for the removal of billboards
in a manner which will avoid payment to the billboard owner.
into conformity with State and Federal law. 3) That this ordinance will bring the Carlsbad Sign Ordinance
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4) That this amendment will not cause any significant
environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on March 25, 1983 and
approved by the Planning Commission on April 13, 1983.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 13th of April, 1983, by the following vote, to wit:
AYES:
NOES :
ABSENT:
ABSTAIN:
CLARENCE SCHLEHUBER, Chairman.
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RES0 NO. 2101
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STAFF REPORT - --
DATE : Apri 3, 1983
TO : Planning Commission
FROM : Land Use Planning Office
SUBJECT: - ZCA-164 - CITY OF CARLSBAD - Request to amend the sign ordinance to extablish a time limit for removal of legally erected billboards in the City.
I. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2101, recommending APPROVAL of ZCA-164, based on the findings contained therein.
11, DESCRIPTION
The City Council, at their March 1, 1983 meeting, referred
Ordinance No. 9674 to the Planning Commission for their review
and recommendations. This ordinance establishes a time limit
for the removal of legally erected billboards, based on the fair
market value of the signs. It brings Carlsbad's sign
regulations into conformity with State and Federal laws on the
matter .
There are two legally existing billboards presently within the
city limits. They are both located along Carlsbad Boulevard
immediately north of the Lanikai Lane Mobile Home Park. Under
the provisions of this ordinance, the City could order them removed, without reimbursement, in three and four years. Staff believes that this ordinance will enhance the scenic quality of Carlsbad and is supporting this zone code amendment.
The attached memorandum from the City Attorney gives further
explanation.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and,
therefore, issued a Negative Declaration on March 25, 1983.
ATTACHMENTS
1. Planning Commission Resolution No. 2101
2, Exhibit "A", (Ordinance No. 9674), dated March 25, 1983
3. Memo from City Attorney, dated January 31, 1983
4. Environmental Documents
PJK : bw 3/29/83
MEMORANDUM
DATE : January 31 , 1983
TO : Mayor and City Council
FROM : City Attorney
SUBJECT: SIGN CONTROL
In 1981 the City Council adopted Ordinance No. 9608 which reaffirmed its commitment to strict sign control within the City of Carlsbad. A
copy of that ordinance is attached to this memorandum.
Over the past several years the outdoor advertising industry has attempted to get the state legislature to take away the City's ability to require the removal of off-premises billboards without paying compensation to the billboard owner. The City of Carlsbad and the League of California Cities has opposed that effort and, on June
9, 1982 former Mayor Rackard sent a letter to former Governor Brown urging the veto of the legislation which eventually became Chapter
494 of California Statutes of 1982. A copy of that letter is attached.
Chapter 494 is clearly a compromise between the interests of local government and the interests of the outdoor advertising industry. It allows the removal of certain billboards without the payment of compensation. Fortunately for the City of Carlsbad there are only
two outdoor advertising displays which come within the provisions of
Chapter 494. Those two structures are located on Carlsbad Boulevard
near the Lanikai Lane Mobile Home Park. The attached ordinance will bring the Carlsbad sign regulations into conformity with the
provisions of Chapter 494 and will establish a procedure whereby
these two remaining billboards can be removed without the City paying compensation to the sign owners.
The Director of Building and Planning has determined that the value of
the single faced billboard sign is $4,329. Based on the schedule contained in Chapter 494, that sign would have four years to remain
up. The double faced sign has been assigned a value of $2,988 and would have three years before it had to be taken down. The value is
based on the price to actually construct the billboard as of January
7, 1983. The proposed ordinance provides the billboard owner the opportunity to appeal the determination of value to the City Council.
A copy of the calculations used to determine those figures is attached to this memorandum.
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Mayor and City Council
RE: SIGN CONTROL
Janaury 31, 1983 Page 2
If the Council desires to have the billboards removed prior to the time established by law they could do so by the payment of compensation to the sign owner and the owner of the property upon
which the siqn is located. Alternatively, the Council could contact
the owner of the property upon which the sign is located and request
that the property owner voluntarily have the sign removed.
This ordinance has been reviewed by the Director of Building and Planning and the Land IJse Planning Manager. Both recommend its adopt ion.
VIJCENT F. BIONDO, JR.
Assistant City Attorney
rme attachments:
Ordinance No. 9608 June 9, 1982 Packard Letter to Brown Chapter 494 calculations re: billboard siqn value
c: City Manager
with attachments
Carlsbad Journal
i Decreed a Legal Newspaper by the Superior Court of San Diego County
3 138 ROOSEVELT ST 0 P 0 BOX 248 CARLSBAD, CA 92008 729-2345 sf? 6-
i */
Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carisbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
NOTICE OF PUBLIC HEARING ZCA-lV
...................... .APr.fl. .?o. 19 83. .
................................. 19 ....
................................. 19 ....
cARrnB.4~ CITY COUNCIL "327: April 20,1983
................................. 19 ....
................................ 19 ....
I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 30th
day of April 1983 r\ /
2M-4182
qc6adi/ ._ 9'
I' Clerk of the Printer
NOTICE OF PUBLIC HEARING
ZCA-164
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad
will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, May 3, 1983, to consider an application for a zone code amendment setting a time limit for re- moval of legally erected billboards on property generally located City wide.
APPLICANT: City of Carlsbad PUBLISH : April 20, 1983 CARLSBAD CITY COUNCIL
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NCrrICE OF PUBLIC HEARING - c
u NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad,
California, at 7:OO p.m. on Wednesday, April 13, 1983, to consider approval
of a zone code amendnent setting a time limit for remval of legally erected
billboards on property generally located City wide.
e.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing.
Office at 438-5591.
If you have any questions please call the Land Use Planning
CASE FILE: ZCA-164 APPLICANT : City of Carlsbad
PUBLISH : April 2, 1983
CITY OF CNUSBAD PLANNING COMMISSION