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HomeMy WebLinkAbout1983-12-20; City Council; 7307-2; Request for re-evaluation of City valuationrn CIT- OF CARLSBAD - AGENr -%ILL DEPT. HD. \B# 73Q7-& ' TITLE: REQUEST FOR RE-EVALUATION OF CITY ~TG. 12/20/83 VALUATION & ABATEMENT TIME ON A CARLSBAD RECOMMENDED ACTION: Staff is recorrnrending that the City Council by minute mtion DENY a request by Mirandon Inc., & Foster-Kleiser asking the city to reevaluate the value and abatement time established for a billboard located along Carlsbad Boulevard south of Palomar Airport Mad. 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 which ere affected by this ordinance. They are both located along Carlsbad Boulevard south of Palomar Airport Road. Based on criteria established in the ordinance the building department determined a fair market value for the two signs. by the building department the signs could be removed after 3 and 4 years. 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. Based on the value determined The Staffs feeling is that the valuation and the time permitted for abatement of the signs is fair. The building department conferred with the sign industry regarding costs before determining the value of the signs. are consistent with the city's new ordinance which is not required to be consistent with Cal Trans policies. attached agenda bill (May 3, 1983) for the adoption of Ordinance No. 9674. The abatement times For further information please see the FISCAL IMPACT There will be no fiscal impact created by either approval or denial of the applicant's request. ENVIRONMEXWFiL REVIEW A Negative Declaration was issued by the Land Use Planning Manager for Ordinance No. 9674 which established the abatement time. approved by the Planning Comnission 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 The Negative Declaration was I (619) 459-5983 ~ ,* MIRANDON OUTDOOR ADVERTISING, INC. 461 BELVEDERE LA JOLLA, CALIFORNIA 92037 Re: Off Site Sign - US 101 - Carlsbad... Gentlemen I Please be advised that Hirandon Outdoor Mrertisiag, Inc, doea hereby exercise 1- right of appeal with respeut to the valostion placed on it's sign located on US 101 at the mrtberly end of hnikai Lame Wobilehore Park, Tbe appeal is basedm the fact that the valuation or apprafsal of the siga by the cfty of Carbbad is incorreQt, iaadequate, and at rarfance with the State of Caliiornia Department of Transportation €&vent Schedule8 for OUSik9W ABra&tiaimg Si- and Sit-, a corn of which is attached. If the city of Carlabad latenas to achdule a heartxg on this matter, plea80 take Into accoturh that Xirandoxi Outdoor Advertislag will close for annual maation frorr August 11 to 26,,, . .. - i .- PAYMENT SCHEDULES FOR .- ... . . . . -. . - ._ - .. .. . . OUTDOOR ADVERTISIHG-SIGNS AND SITES .. - .. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DIVISION OF RIGHT OF \JAY I June 1932 3 ... 7 ?., . .-' .; , INDEX PAYMENT SCHEDULES FOR OUTDOOR ADVERTISING SIGNS AND SITES IN CALI'FORNIA z Pase QUALITY OF CONSTRUCTION ........io............................. 3 USE OF SIGN AND SITE PAYMENT SCdEDULES.. ...................... 4 SCHEDULE B.................................................... 6 Schedule for' Sign Payment Based on Items of Direct Cost SCHEDULE C. ................................................... 6 Poster Panel Relocation Rafes SCHEDULE D....................................... .............. 7 Paynent Schedule for Urban "Rotate" Bulletin Removal SIGMBOARD DEPRECIATION SCHEDULE. 0 . rn . . 8 SCHEDULE E......................................o.o.......o.... 9 Payment Schedule for Painted Bulletin Removal ( P rofc ss ional Signs ) June 1952 I .. .. .. - I .. :. * -1- DEFINITIONS 1. POSTER PANEL - A structure built on two or more posts imbedded ? in the ground or attached to the wall of a building which is designed to support a flat surface of 300 square feet upon which printed advertising or other messages are pasted to the pane 1. ! I 1 2. BACK-TO-BACK POSTER PANEL - A structure built on two or more posts imbedded in the ground which is designed to support two or more flat surfaces of 300 square feet.. Printed advertising -- or other nessages are pasted to the panels. .- I 3. ROOF POSTER PANEL - A poster panel built on one or more posts imbedded into the roof of a building. Each flat surface supported by such post(s) is a separate roof poster panel. - 4. OFFSET SIGN - A sign constructed so that the advertising surface is supported upon horizontal members not less than two feet in length, an3 these members.are joined to vertical p,osts imbedded into the ground. 5. SPECIK, SUILD - Any structure not covered under Schedule "A", 11 D 11 , I1 E I1 oz II G II . Usually this type of structure is on one post imbedded in the ground and utilizes torque bar construction. I 5- 6. URBAN "ROTATE" - Painted bulletins which always have full illu- mination and the advertising facing sections are in modular form, .designed and constructed to be moved from one structure to another on a periodic basis. The standard size is 14' x 48', but they are often larger and may have special embellish- ment features , such as cut-outs, special lighting. effects, .. .. free-standing letters, neon and space extensions to cover the advertisement of a specific product. The structures are usually steel and always nave two back decks designed and . constructed to state and local safety standards so that working crews can have easy and safe access to the back of the facing .- sections du-ring the rotation -process. T-hey are generally . found ._ .. .- . .. .. - __ - .. - - . '. - .- - _.-: .- .-. .: - _._._ .--- .._. -.-._- . -. _. -- :. - -. -. -. . .. .. in urban areas in the more desirable locations at points of maximum advertising exposure .- Their advertising message is ,most often of a national product or of regional interest. \ -/ 7. PAINTED BULLETIN - A structure built on one or'more posts imbedded into the ground or attached to the wall or roof of a building, which is designed to support one or more flat sur- faces upon which at least one advertising or other message is painted in whole or substantial part. 8. WCODEIJ SIGY - A sign with wood posts. 9. STEEL SIGN - A sign with metal posts. 10. 'ILLu:.;I:!ATED SIGLI - A sign with attached lighting fixtures to make the advertising message visible at night. -3- OUALITY OF CONSTRUCTION f. PROFESSIOMAL SIGNS - Signs in this classification are well constructed with quality materials and workmanship evidenced throughout, providing a uniform appearance and extended physi- cal life with minimum necessary maintenance. The advertising . message is normally professionally lettered. Schedules "A"r rB"r "C", "D" and "E" should bs utilized for signs in this classification. 2. MISCELLANEOUS SIGNS - Signs in this classification are normally .- -- _- built with minimum quality and amounts of material and may be characterized by ."do it yourself" workmanship. This type of construction tends to shorten physical life and increases the necessity for maintenance over the -life of the sign. In many instances, the advertising message is of a nonprofessional type and advertises the sign owner's business. Signs in this classification should be valued by the use of Schedule "G" . 7 .. .. .. -4- A r. HSE OF SIGN AND SITE PAYMENT SCHEDULES 1.. SCHEDULE A - Payment Schedule for Poster Panel Removal (straight or offset single and double plus roof top). 2. SCHEDULE B - Payment for "Special Build" removal and relocation of "Special Builds", Painied Bulletins (Professional and Mis- cellaneous), and Urban "Rotate" Bulletins based on sign owner CGS~ claims. 3. SCHEDULE C - Poster Panel Relocation Rates. .. _. _. - ._ - -'. --.-.. -... .. -- . .I .. -. ... - -: -- - - - -. -- .- - --- . .- c__ - i ___.__.__: _..__.._ . .= . .. -. 4. SCHEDULE D - Payment Schedule for Urban "Rotate" Bulletin '. . Removal. .. .. Painted Bulletins that do not fall-under the definition of an Urban "Rotate" should be covered by Schedule "B", ''E" or "G". //5* SCHEDULE E - Payment Schedule for the removal of Painted Bulletins in the "Professional" category. This schedule is to provide a basis for payments in lieu of appraisals or cost claims '(Schedule "B" for Painted Bulletins not falling under the definition of Rotate Bulletins (Schedule D) or "Miscellaneous" Sign (Schedule "G" .\ - 7 1. ..; : I -5- .. , .. 0. . 6. SCHEDULE F - This schedule is to provide a basis for payment to land owners whose income from a sign lease is terminated due to I. the .State's Billboard Removal Program. 7. SCHEDULE G - Payment schedule for "Miscellaneous" sign remov- al. ? . .. . . . , . . . . . . - , . .. . . .. SCHEDULE A PAYMENT SCHEDULE FOR POSTER PANEL REMOVAL Unilluminated Illuminated .. Straight Single Poster Panel $6 , 974 $ 7,562 Offset Single Poster Panel 7,554 8,158 e Straight Double Poster Panel 8 ,467 9,389 Offset Double Poster Panel 9 , 056 9,984 Roof Top Poster Panel 10,140 Adjustments: 1. For single signs on wood structures deduct $695. 2. For back-to-back signs on wood structures deduct $8 45. -. - .. - - SCHEDULE B SCHEDULE FOR SIGN PAYMENT BASED ON ITEMS OF DIRECT COST . -_ - - _._- -_--*_. -.__ - - ~ - - .. --a- - - - - --_ ~ - _- - .. Labor Equ i pmen t Materials Permits Materials Handling- Outside Engineering The cost of rotating sections shall be excluded in computing the direct costs of Urban "Rotate" Bulletins. SCHEDULE C POSTER PANEL RELOCATION RATES Unilluminated Illuminated Straight Single Poster Panel $4,884 $5,294 Offset Single Poster Panel 5,2136 5,712 Straight Double Poster Panel 5,928 6,571 Offset Double Poster Panel 6,342 6,989 Roof Top Poster Tanel 7,098 June 1952 -7- Height to Base Under 30 Feet of Advertising Panel a 30 Feet and Over SCHEDULE D PAYMENT SCHEDULE FOR URBAN "ROTATE" BULLETINS Single Face Double Face $24,420 $36 , 250 $30,775 $45,770 ADJUSTMENTS Wood Structures If the sign is constructed of wood, deduct 10 percent from the sc hed u led amount . Poster Panel Back-ups .- _. .- e For each standard 12'-x 25' poster panel reverse facing, add $3,480 if unilluminated or $3,780 if illuminated. Painted Bulletin Back-ups For painted bulletin reverse facings that are less than the stan- dard size of the front facing, multiply the square foot area of the back-up by 50 percent of the appropriate square foot figure shown in the "Good" category from Schedule ''E". Roof Top Urban "Rotate" Bulletins Roof Top Urban "Rotate" Bulletins should be valued under Schedule B. Embe 11 is hmen ts No adjustzents in payment will be made for embellishing features, specizl lighting effects, freestanding letters, or space extensions over the standard advertising panel. - Note: This schedule shall be used for valuing Urban "Rotate" Bulletins that were constructed prior to January 1, 1973. In nany instances, the amount provided in this schedule will not-. reflect the current fair market value of an Urban Rotate Bulletin con- structid on or after January 1, 1973. At the sign cocpany's Option, such signs shall ke valued by a forma1 appraisal usin? recc:.nizec valuaticn teckniques in lieu of this schedule. Jur.0 1932 a 0 0 1 m PIY r;r rr 00 OW m ml I -I D, rl r- 2l H5' 3- ID G) 0 0 aJ r(m rr wmoao 5DCO am 3 rl rr 0 am 3 1 3 r- ID9 3 CI W .N . CT 3 ID 3 rt m m4m’ 0 mvlm M 0 FPP www w- ID vl 0 01. r( 5: 0 0 0 8 z rn 4 w C I4 n H 2 F . .. : * :. Interim 1 to 4 Years 3.0 I - -10- Extended Term 5 or More Years. SCHEDULE 'IF" LAND OWNERS SITE PAYMENT SCHEDULE 6.0 Sign \ Highest and Best Use Compatible Use or (No Substantial Interference W tth 1 Dominant Use Rem a in in Economic Life I $ X =s Avg. Yrly. Rental (Past 2 Years) Factor Compatible Use ( Subs tan tial Interference With Dominant Use ) 4.0 2.0 - . Value to Site Owner (Min. Site Payment = $100 , ..* . '1 J '.: '. c A i3 w 5: 1 IL z 0 H 8 3 p: E m Z 0 U a 0 0 5 i c 3.1 L 0 m aJ L, rg . u.4 rn 0 0.. JJ aJ N -d aJ o'aJ c L 333 aJ 000 u b 0 & u c %%% 0 0 E! 000 Uc,U -- -. .. C 0 .r( & rg C E 3 8-i 4 W .A c1 000 rJrJcI FOST July 25, 1983 : .. , 1550 WEST WASHINGTON BOULEVARD '%3'A\ LOS ANGELES. CALIFORNIA 90007 k'~~ i--w , -., Mr. Frank Aleshire City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Off Premise Advertising Display on Parcel No. 214-021-03 In the City of Carlsbad, California Dear Mr. Aleshire: Thank you very much for your letter of July 18, 1982. Foster and Kleiser respectfully appeals the figure of $4,329.00. is far below the estimated costs established by the State of California, Department of Transportation. This figure Please notify me if there is any other information pertinent to the regulations on outdoor advertising or off-premise advertising in your ordinance. I would appreciate if the appeal hearing before the city council would be after August 23. Sincerelyfi Edward Dato Manager Public Relations cc: Dave Frederickson, Esq. Wayne W. Smith, Esq. : B .- 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Manager ditp of arlsbab r June 27, 1983 TELEPHONE: (714) 438-5561 Mirandon Outdoor Advert king, Co 46 1 Belvedere Street La Jolla, California RE: OFF PREMISE ADVERTISING DISPLAY ON PARCEL NO. 214-021-04 IN THE CITY OF CARLSBAD, CALIFORNIA Recently the City Council of the City of Carlsbad, California adopted Ordinance No. 9674 which, among other things, added section 21.41.084 to the Carlsbad Municipal Code. A copy of Ordinance No. 9674 is attached to this letter. Section 21.41.084 adopts special provisions for abatement of certain off premise advertising displays. This section was adopted pursuant to the provisions of Chapter 494 of California Statutes of 1982. The fair market value of the off premise advertising display referenced above on the date of this notice has been determined . by the Director of Building and Planning to be $2,988. The calculations used to establish that figure are enclosed with this letter, Based on that valuation you are hereby ordered to remove the off premise advertising display located on the above stated parcel, located generally in the vicinity of 4500 Ponto Drive in the City of Carlsbad, California within three vears from the daAe- Qf this notice. which the sign is located you have the right to appeal the determination of fair market value to the City Council. The appeal ~u~fb- be made in writinq and filed with the City Clerk at 1200 Elm Avenue, Carlsbad, California, 92008, within 30 days after the date that this notice was mailed. If you have any questions with regard to this matter you may contact our City Attorney at (619) 438-5531. As the owner of the sign or of the property upon FRANK ALESHIRE City Manager rme/enclosures c: City Attorney George H., Robert T. and Virginia Hart