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HomeMy WebLinkAbout1985-01-15; City Council; 7882-2; Minor Modification of sign regulationsI @ f-?f 4 CIT"3F CARLSBAD - AGENd-PILL 4B# 7882-&2 1/ 15 /8 5 MTG. PLN DEPT. TITLE: ZONE U3DE & SPXIFIC PLAN IIME"T FOR MINOR PDDIFICATION CF SIGN REGULATIONS. ZCA-174/SP-l9(B) - CITY OF CaRLSBAD CITY AllY CITY MGR~. RECOMMENDED ACTION: The Planning Cdssion and staff are reCannenaing that the City cbuncil introduce Ordinance No. 973.3 and 732' , APPROVING ZCA-l74/SP-l9(B). ITEM MPLANATION The proposed amendments to the ordinance muld allow the Planning Cdssian to consider minor rrpdifications to the spacing standards required for consideration of additional freestanding signs, by conditional use pennit, in Car Country. sign to be placed on each lot in the C-1 and C-2 zones and in the C-M mne fbr retail-carmercial uses. Camnission my approve additional freestanding signs, in the C-2 zone by conditional use permit, &en certain conditions are mt. freestanding signs the ordinance provides criteria that the Planning Cdssion must consider. not be within 200 feet of another freestanding sign and mst be located at least 50 feet fran an interior property line. The existing sign ordinance currently allaws one freestanding The ordinance further provides that the Planning In approving mng this criteria are requirements that additional signs my Under the proposed amendment, the Planning Cdssion muld deviate frcpn the spacing requirements in Car Country as long as it does mt cause a proliferation of signs or traffic or safety problems. ordinance also limits each property to a mxirmn of me additional freestanding sign (a total of two permitted for each lot). Because of this flexibility the These amendmnts are a result of signing problems in Car Country created by the formation of dual dealerships. Septenber 18, 1984. The Council wanted a limitation on the number of signs permitted under this section and also wanted the zmendmn t to apply only to Car Country. that this is acccqlished in the revised ordinance. It was approved by the Planning Conmission an Decenher 12, 1984. They ere first heard by the City Council cn At that the it was returned to the Planning CcPrmission. Staff feels The Land Use Planning Manager has determined that this project will mt cause any significant environmental hpacts and, therefore, has issued aNegative Declaration, dated August 10, 1984. The Negative Declaration was approved by the Planning Cdssion on August 22, 1984. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACT There will be m fiscal impacts to the city fran the approval of this item. EXHIBITS 1. Location mar^ 2. City cbuncii Ordinance Nos. 733 &i 973f . 3. PC &solution Nos. 2339 and 2340 4. PC Staff ~eport dated, December 12, 1984 w/atta-ts 3 2 3 & 4 E CI e 7 E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9733 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.41 SECTION 21.41.075(b) OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SUBSECTION (9) TO ALLOW THE PLANNING COMMISSION TO CONSIDER APPROVAL OF MINOR MODIFICATIONS TO SIGN SPACING REOUIREMENTS. ~~ ~~ ~~~~ ~ ~ The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.41, Section 21.41.075(b) of the Carlsbad Municipal Code is amended by the addition of subsection (9) to read as follows: "(9) Where the spacing requirements of the section would preclude adequate identification of services or products available on a lot the spacing restrictions of subsections (2), (3) and (4) may be varied to allow one additional sign provided that the property is part of a comprehensive development plan and is located within any commercial area located south of Cannon Road, north of Palomar Airport Road, adjacent to Interstate 5 and governed by a specific plan and further provided that modification of the spacing requirements will not cause a proliferation of signs or traffic or safety problems." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and 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 adopt ion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 15th day of jan~ary ? 1985, and thereafter /// /// /// /// /// /// .- PASSED AND ADOPTED at a regular meeting of said City Council held on the 22nd day of JanUary , 1985 by the following vote, to wit: AYES: CXmncil "hers Casler, I(ulchin and Chick NOES: ABSENT: None council bknkers Pettine ad Lewis y- 6. &A hARY H. ,]CASLER, Mayor ATTEST : aepxx, A. Qa- ALETHA L. RAUTENRRANZ, City C (Seal ) -2- F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9734 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING ORDINANCES 9720 AND 9288 BY ADDING A PROVISION TO CONDITION NO. 15 TO ALLOW THE PLANNING COMMISSION TO CONSIDER APPROVAL OF MINOR MODIFICATIONS TO THE SPACING REQUIREMENTS OF FREESTANDING SIGNS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Ordinance 9720 and 9288 for SP-19 and SP- 19(A) are hereby amended by the following addition to condition 15: (a)(7) Where the spacing requirements of Section 21.41.075(b) of the Carlsbad Municipal Code would preclude adequate identification of services or products available on a lot, the spacing restrictions of Subsection (2), (3) and (4) may be varied by the Planning Commission provided modification of the spacing requirements will not cause a proliferation of signs or traffic or safety problem. 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 adopt ion . INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 15th day of January , 1985 and thereafter //// //// //// //// //// //// //// 1 2 3 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the 22nd day of JanuarY , 1985, by the following vote, to wit: AYES: NOES : ABSENT: Council Mmbers Casler, Kulchin, and Chick mmcil Mrs Fettine and Lewis MARY H. JASLER, I Mayor ATTEST: Lib&.& i4 c?nu;t;B- 4LETHA L. RAUTENKRANZ, Clty CleJk ( SEAL ) -2- 5- 1 L 7 t L r i r 1 E I 1( 11 12 12 14 15 1E 17 1E 19 2c 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2339 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF -CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE COD AMENDMENT, AMENDING TITLE 21, CHAPTER 21.41, SECTION 075(b), OF THE CARLSBAD MUNICIPAL CODE, TO ALLOW THE PLANNING COMMISSION TO CONSIDER APPROVING MINOR MODIFICATIONS TO THE SPACING REQUIREMENTS OF THIS SECTION AND TO LIMIT THE NUMBER OF SIGNS PERMITTED BY THIS SECTION. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-174 WHEREAS, the Planning Commission did, on the 22nd day of August, 1984, and the 12th day of December, 1984, 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: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL OF ZCA-174, according to Exhibit "A", dated August 22, 1984 , attached hereto and made part hereof, based on the following findings: F ind inq s : 1) That the proposed amendment will allow the Planning Commissio greater flexibility in considering minor modifications in sig spacing. 2) That the conditional use permit process will adequately protect the intent and integrity of the Sign Ordinance. 3) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Lan Use Planning Manager on August 10, 1984 and approved by the J Planning Commission on August 22, 1984. //// //// //// 6 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the - Planning Commission of the City of Carlsbad, California, held on t 22nd day of August, 1984, and the 12th day of December, 1984, by t following vote, to wit: AYES : Chairman Rombotis, Commissioners Marcus, Smith, NOES: None . McFadden, Farrow, Schlehuber and L'Heureux. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGI'R PC RES0 NO. 2339 -2- 7 .e e *- A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2340 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SP-l9(B), TO INCORPORATE A REVISION TO THE SIGN ORDINANCE ALLOWING THE PLANNING COMMISSION TO CONSIDER APPROVING MINOR MODIFICATIONS TO THE SPACING REQUIREMENTS PERTAINING TO FREESTANDING SIGNS. APPLICANT: CITY OF CARLSBAD CASE NO.: SP-l9(B) WHEREAS, a verified application for certain property, to wit: Lots 1 through 11, inclusive, of Carlsbad Tract No. 72-3 according to Map thereof No. 7492, filed in the Office of the County Recorder, has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 22nd day of August, 1984, and on the 12th day of Decemb:r, 1984, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing aFd considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Specific Plan; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing the Commission recommends APPROVAL of SP-l9(B), based on the following findings and subject to the following conditions: F i nd ing s : 1) The proposed amendment will allow the Planning Commission greater flexibility in considering minor modifications in sign spacing. 6 1 2 z 4 E Y e 7 € 9 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2) The proposed amendment will ensure consistency between the Specific Plan and the Sign Ordinance. 3) The conditional use permit process will adequately protect the intent and integrity of the Sign Ordinance. 4) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on August 10, 1984 and approved by the Planning Commission on August 22, 1984. Condition 1) Specific Plan 19 is hereby amended to include the following addition to Condition No. 15: Siuns Permitted bv Conditional Use Permit a)7) Where the spacing requirements of Section 21,41,075(b) o the Carlsbad Municipal Code would preclude adequate identification of services or products available on a lot the spacing restrictions of Subsection (2), (3) and (4) may be varied by the Planning Commission provided that modification of the spacing requirements will not cause a proliferation of signs or traffic or safety problems. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on th 22nd day of August, 1984, and on the 12th day of December, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Commissioners Marcus, NOES : None. ABSENT: None . ABSTAIN: None. McFadden, Farrow, Schlehuber, Smith and L'Heureu JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION ATTEST : MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2340 -2- 9 ! I .. SUPPLEMENTAL STAFF REPORT DATE : December 12, 1984 0 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: ZCA-174/SP-l9(B) - CITY OF CARLSBAD - Amendment to the Zoning Ordinance and Specific Plan 19 (Car Country) to allow the Planning Commission to consider minor modifications to Section 21.41.075(b) of the Sign Ordinance. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution Nos, 2339 and 2340, as revised, recommending APPROVAL OF ZCA-174 and SP-lS(B). 11. PROJECT DESCRIPTION As the Planning Commission may recall, Car Country has requested some changes to the Zoning Ordinance which would allow dealerships greater flexibility in locating their signs. Section 21.41.075(b) of the ordinance permits additional freestanding signs in the C-2 zone when approved by the Planning Commission. This section heavily restricts the location of these signs. The Planning Commission first heard a proposed ordinance amendment on August 22nd of this year. The amendment would have changed Section 21.41.075(b) to permit the Planning Commission to deviate the location of additional freestanding signs by 10% over the requirements of the ordinance. This amendment was approved by the Planning Commission. The City Council considered this item on September 18th and November 6th. They directed staff to drop the 10% deviation and permit the Planning Commission to locate additionally approved signs in the C-2 zone at their discretion. They returned the item to the Planning Commission to set a limit on the number of additional freestanding signs that should be approved under Section 21.4-1.075(b). In summary, the proposed ordinance differs from the original heard by the Planning Commission as follows: 1) Additional signs approved by the Planning Commission may be located at the discretion of the Commission in instances where spacing requirements would preclude adequate identification. . 2) Staff is proposing a limit of 2 signs total, (1 additional sign under Section 21.41.075(b). Although designed to help Car Country, this amendment would apply to any specific plan area with a C-2 designation. A list of locations (Exhibit X) where this amendment applies is attached. For additional information please see the attached staff report dated August 22, 1984. ATTACHMENTS 1) Planning Commission Resolution Nos, 2339 and 2340 2) Ordinance Nos. and 3) Exhibit X 4) Planning Commission Staff Report, dated August 22, 1984 CG:bw 11/29/84 -2- c EXHIBIT 'X' AREAS AFFECTED BY ZCA-174 1) Car Country 2) Plaza Cadno Real 3) Hughes Proplrty (west of Plaza Camino Real) 4) Vons Center (east of Plaza Camino Real) 5) Occidental Properties - northwest & southwest cornera of Poinsettia and 1-5. i STAFF REPORT DATE : August 22, 1984 TO : Planning Commission FROM : Land Use Planning Office SUBJECT: ZCA-174/SP-l9(B) - CITY OF CARLSBAD - Amendment to the Zoning Ordinance and Specific Plan 19 (Car Country) to allow the Planning Commission to consider minor modifications to Section 21.41.075(b) of the Sign Ordinance. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution Nos. 2339 and 2340, recommending APPROVAL of ZCA-174 and SP-l9(B), based on the findings contained therein. I1 . PROJECT DESCRIPTION AND BACKGROUND The proposed Zone Code Amendment would allow the Planning Commission to consider minor modifications to the spacing standards required for consideration of additional freestanding signs, by Conditional Use Permit, in the C-2 zone. The Sign Ordinance currently allows one freestanding sign to be placed on each lot in the C-1 and C-2 zones and in the C-M zone for retail- commercial uses. The Ordinance further provides that the Planning Commission may approve additional freestanding signs, in the C-2 zone by conditional use permit, when certain conditions are met. Specifically, the Ordinance states the following: (b) Additional freestanding signs shall not be approved pursuant to this section unless it is found that the signs are appropriate for the use of the property, compatible with the design of the development, compatible with the adjacent properties, will not interfere with the safety of the traveling public, will not result in a proliferation of signs in the area, will not adversely affect the appearance of the area and will not unduly restrict any views. The specific number, size, height, location, appearance and other aspects of the additional signs, subject to the limitations of this chapter and this section, shall be regulated by the terms of the conditional use permit or other sign approval. Any additional freestanding sign shall be subject to the following limitations: eight feet in height or eight feet in length or pole signs not to exceed twenty feet in height; (1) The signs are monument signs, not greater than 13 (2) In order to qualify for any such sign, any freestanding sign permitted by right for the property must be located at least fifty feet from any interior property line; (3) The signs shall not be erected with two hundred feet of another freestanding sign on the same property; (4) The signs must be located at least fifty feet from an interior property line; (5) The signs shall be so oriented that the primary view is from surface streets; Interstate 5 or Highway 78 shall not be considered surface streets; (6) The aggregate sign area for the entire development does not exceed the sign area allowed for the development according to the provisions of Table 1; (7) No portion of such sign shall extend over the public right-of-way, or be within fifteen feet of any driveway or corner; (8) The maximum sign area for any such sign shall not exceed fifty-five square feet. In June of this year, the City Council approved an amendment to Specific Plan, SP-19, governing Car Country. The amendment clarified sign requirements for the center and incorporated the above-referenced provisions for approving additional freestanding signs when more than one dealership are located on a single lot. Staff is recommending that revisions to Section 21.41.075(b) be added to Specific Plan 19 to ensure consistency. 111. PROPOSED AMENDMENT Staff proposes amending Section 21.41.075(b) and SP-19 by the addition of the following: (9) The Planning Commission may consider minor modifications to the spacing requirements of this Section, provided that the project satisfies the intent of this ordinance and is part of a comprehensive development plan or specific plan area. IV. ANALYSIS Staff believes that the existing Ordinance provides good safeguards to ensure that additional freestanding signs are appropriate, do not impact other properties and the motoring public and avoid unattractive clutter. The spacing requirements are an important factor in achieving these goals. Staff does believe, however, that there may be instances when the ability to exercise some flexibility may be desirable. An an example, City staff was recently approached by an auto dealer from Car Country with two dealerships on his lot. The dealer wished to erect two freestanding signs on the lot, one for each dealership. By Ordinance, the Planning Commission -2- could approve the request, by conditional use permit, provided that all criteria of Section 21.41.075(b) were met. These criteria include a requirement of 200 feet of spacing between signs on the same property and 50 feet from an interior property line. Although the dealer could meet the spacing requirements, strict application would place a sign in a location obscured by a mature tree and light standard. Spacing of approximately 180 feet between signs would leave both in visible locations and eliminate the need to relocate a light standard or remove mature landscaping. Staff believes that spacing requirements are an important element in safeguarding the objectives of this Ordinance section and against an unsightly proliferation of signs. In providing flexibility for minor modifications, staff in no way intends this amendment to deviate from the objectives of spacing or to provide a vehicle for additional signs that would otherwise not be appropriate. Rather, that flexibility may be applied in unusual circumstances when the goals of the Ordinance are met and good planning may dictate. Staff is also including a resolution recommending an amendment to Specific Plan 19, Car Country. The amendment would incorporate the added provision for flexibility to ensure consistency with the Sign Ordinance. V. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, issued a Negative Declaration on August 10, 1984. ATTACHMENTS 1) Planning Commission Resolution Nos. 2339 and 2340 2) Location Map 3) Environmental Documents CDN : bw 8/14/04 -3- -I a OCATION MAP- - -. * -- r CAR COUNTRY ZCA-174 JOTICE OF PUBLIC HEARING ZCA-174/SP-19 (B) 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, January 15, 1985, to consider an application for an amendment to the Zoning Ordinance and Specific Plan 19 (Car Country) to allow the Planning Commission to consider minor modifications to Section 21.41.075(b) of the Sign Ordinance. If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. APPLICANT: City of Carlsbad PUBLISH : Janiary 2, 1985 CARLSBAD CITY COUNCIL \ / /' .' NOTICE OF PUBLIC HEARl?G NOTICE IS HEREBY GI" that the Planning Comnission of the City of Carlsbad will hold a public hearing at the City Council Chars, 1200 Elm Avenue, Carlsbad, California, at 6:OO p.m. on Wednesday, Decerr&r 12, 1984, to mnsider approval of an amendment to the Zoning Ordinance and Specific Plan 19 (Car Country) to allow the Planning Cdssion to consider minor mdifications to Section 21 .41.075(b) of the Sign Ordinance. Those persons wishing to speak on this proposal are mrdially invited tm atted the public hearing. Office at 438-5591. If you have any questions please call the Land Use Planninq CASE FILE: ZCA-174/SP-l9(B) APPLICANT: City of Carlsbad PUBLISH : December 1, 1984 CITY OF CARLSBAD PLANNING alMMISSI0N \"' 3 ... I. ... I Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. P.O. BC>X 248 CARLSBAD, CA 92008 729-2345 Proof of Publication 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 Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun 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 Sun Diego, State of California, for a period exceeding one year NOTICE OF PUBLIC HEARING Commission to consider minor modifications to Section 21.41.075(b) of the Sign Ordinance. Ifyou challenge the(n8tureofthe ZCA-l?#SP-ls(B) NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California. at600P.M.,onTuosday.Janunry 15, 1985. to consider an aaDlication for proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written corres- pondence delivered to the City of Carlsbad at or prior to the public next preceding the date of public6tion 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: January 3 85 .............................. 19 .... LOCATION MAP I ................................. 19 .... ................................. 19 .... ................................. 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 3rd day of - / Clerk of the Printer