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HomeMy WebLinkAbout1985-08-13; City Council; 8284; County Board of Supervisors Agenda Itemr ... hB#& MTG. 8/13/85 DEPT. PLN @% A Cll- OF CARLSBAD - AGENE BILL TITLE COUNTY BOARD OF SUPERVISORS AGENDA ITEM - AUTHORITY FOR CITY TO ENFORCE ClTyATTy SIGN REGULATIONS WITHIN SPHERE OF INFLUENCE RECOMMENDED ACTION: Continue to support request and authorize staff to work with the County in determining an appropriate sphere of influence boundary if the request is approved. ITEM EXPLANATION On August 14, 1985, the County Board of Supervisors will consider a request to give the City of Carlsbad authority to enforce the City's sign regulations in the unincorporated county areas within our sphere of influence. The City has been requesting this for some time. It will allow the City to require the removal of off- premise subdivision signs primarily in the county island areas. Off-premise subdivision signs are prohibited in the City and all of them have been required to be removed. However, in the county island areas and along the peripheral boundaries of the City, there has been a proliferation of these signs (over 100 signs). If the Board of Supervisors approves the request and the County Zoning Ordinance is amended, the City would be able to order the removal of most of the signs pursuant to Section 18.20.080 of the Municipal Code (copy attached). The owner of the sign would be given 30 days for removal. There is an appeal procedure. If the sign is not removed, the City could take the sign down and charge the owner for the cost of removal. The one item which will have to be negotiated with the county, if the Supervisors approve the request, is the exact sphere of influence boundary. The county islands should not present a problem. The only problem might be the peripheral boundaries such as the south side of La Costa Avenue or Olivenhain Road. While these areas are not technically within the City's adopted sphere, they are located immediately adjacent to roads which are entirely within the City and which have a definite visual impact on the City. FISCAL IMPACTS Fiscal impacts involve: 1) staff time in implementing the ordinance, which would not be substantial, and 2) costs for removal of the signs if the City has to use City staff or contract for removal, and the owner refuses to pay. Last year, City staff had to remove several of these signs located in the City and the cost was approximately $65/sign. EXHIBITS 1) Board of Supervisors Agenda Item 2) Municipal Code Chapter 18.20.080 I .I BOARD OF SUPERVISC 7' BRCAN P. BILUHAY PlWST DISTRICT d GEORGE F. BAILEY SLCOUU DISTRICT SUSAN GOLDINC CHIEF ADMINISTRATIVE OFFICE 1600 PAClFlC HIGHWAY SAN DIEGO, CALIFORNIA 92101 TWIRU OISTWICT LEON L. WILLIAMS TELEPHONE (619) 236-2722 COUITW DISTRICT PAUL ECKERT AGENDA ITEM C ICTU DISTRICT ScleJECT Regulation of Off-Premise Real Estate Directional Signs EXHIBIT 1 1) Direct the implementation of actions to respond to Supervisor Bailey's mmrns as identified in recommendations A, B and C on pages two and three of this :ztt,er; 3) getemine cot to take those actions recommended by the sign companies for for those reasons identified in recommendation E on page four of this Setter. NO IF YES. STATE NUMBER..----- PERMANENT..-.--. TEMPORARY--.---- OTHER _______ BOARG POLICY(IES; AFPLICABLE: B-29 ; Department Responsibility For Cost Recovery PREVIOUS RELEVANT BOARD ACTION: 5 / 22 / 85( 2a ) Supervisor Bailey's referral 4 VOTES REQUlRED 0 YES & NO DEPARTMENT: DpLU 2 I) The tenure authorized For t-11 st aye directions! siys be reduced; 2) The required iainimum spac?ng between signs be increased; and 3) That a "security deposit" be required to assurz that signs are removed upon the perrni t expi ration. Although the ordinance would l~llv~/ a five year tenure period, t:qo years has historically been the maximum time allowed. Accordingly, it would be appropriate to modify tile crrdinance to reflect a two year maxiiiluin for temporary real estate signs. A) RECOMMENOA'TIObI: Di rect ordi nance amendment to imp1 ement two year maximun time limit. [I ORDINANCE CI RESOLUTION (CITIZENS ,COMMITTEE STATEMENT CI YES 81 NO 1 J AGREEMENT/CONTRACT NO. CIVIL SERVICE APPROVAL NEEDED LJ YES FJNO APPROVED BY CmoUNSEL AS TO LEG.dITY LJ YES , * initials Lj N/A tONTRAC1 REVIEV PANEL ACTION IC3NCURKENCES (If Am11 icabl e) L1 S/F .. [I APPROVED E1 DISAPPROVED El NOT APPLICABLE, I AUDITOR APPROVAL NEEDED LJ YES *initials eCJ NOJFIN.MGT.APPR0VAL NEEDED BJNO CONTACT PERSON PHONE AND MAIL STOP DEPT. AUTHORIZED REP. /r@$ Y CHIEF ADMINISTRATIVE OFFICER August 14, 1985 MEET I NG DATE -------------- 3 BOARD OF SUPERVISORS INFORIATXON DEYELGPMENT FORN -3- SUBJECT: RPCJ'?~ ation of Off-Premise Real Estate Directional Signs T'ne ordinanw currently specifies that temporary real estate signs shall not be clQsi2r than 300 fi.et froin one another with the exception that up to three signs ;nay be "grouped" at an:, single lowtion. wi tl.1 the rerj~rirerncnt of the City of San Diego. H0iqever3 .the City has more stri ngent youpi ng afld si ggi ng rep? a.tions than does our ordinance. regulations permit iip to three 32 square foot signs every 300 feet; the City a1 1 om one 32 square foot sign every 300 feet excerlt that it a1 lows two signs at mj13v i :I wr~xtions @gr regui ations permi c up to 96 square -feet by (ininor me permit) for signs over 32 square feet with a 96 square foot This spacing requirement is consistent (Our. ,><,y;j l;,: j .gz ~~~~;;j t ,,; th 110 pub?, jc hearj ;iy; Gj.t;r .ipequ.j i'p; a ic ;3,3il-j ;lg ! :i?2X: i;Liil.. One of the problems facing our enforcement staff is that, upon the expiration r3f the permitted tenure, sign companies are reluctant to remove the offending signs even under the threat of citation or court action. recoininended that security be posted to assure that the signs are removed 2s required by the permit. Supervisor Bailey has f,) ?5S$f!~?EI.!D,!?IO!!: r~f~~ndnble deposit or other security to asslire the timely removal of signs. If the sign company removes the sign(s) as required, this deposit will be refunded; if not, the County would have the sign removed and the deposit retained to cover removal costs. 3i rcct thz prepiration of m ardt mnce 31 ;-quire a CITY OF CARLSBAD REQUEST The City Council has requested that Carlsbad be allowed to enforce its off-premise sign ordinance within the City's Sphere of Influence. The City has i denti fi ed those 1 ocztions where the placement of off-prerni se real estate directional signs is appropriate; such signs may not be located el sewhere. The Departnent of Planning and Land Use has received an opinion from County Counsel which states that the County could amend the Zoning Ordinance to be consistent with the City of Carlsbad for this purpose. This proposal would be consistent with Board Pol icy 1-55 re1 ating to annexation guide1 ines and should be mutual ly advantageous to both jurisdictions. A contractual agreement specifying the appropriate Sphere boundary woul d need to be negotiated between the County and City. 0) RECOMMENDATION: the City of Carlsbad's request provided that negotiations of said contract can be sati sfactorily completed. Direct that the Zoning Ordinance be amended to accommodate BOARD OF SUPERVISORS INFORMATION DEYELOPMENT FORI.? -4- SIGN COEWAIU 'PROPOSAL The r'ecently adopted Local Coastal PI an prohibits off-premise signs within the Cal i fornia Codstal Zone, Secanse sign permi ts are issued For two years, pur Board authorized allowing the existing, legally permitted signs to remain for the duration of the permit pe-iad. This means that there will be a gradca? rsductiion of the ncinber OF signs ,,-ithi? the coastal arm until January 11, 1967, ,vhen all signs shou'ld be eliminated. ?m sign companies have wquested that we amend the sign ordinance to allow %ne r,on:ii:wI approval [of: cermits wit17 the period GS tsnurn for all s~ch nz~ permits to terminate on Jzngary 12, 1987. This procwhre, if apprsved by your 3oat-4, ~ould not result in the gratiual reduction of signs within the coastal zone and, in fact, could result iii the overall increase in the nuinber- of sfyns until the 1987 cut-off date. ordinance, it would be necessary to amend the Local Coastal Plan (a General Plan Amendment) to accommodate the sign companies request. In addition to requiring an amendment to the sign E) RECOMMENDATION: Determine that this proposal is contrary to the purpose and intent of the Local Coastal Plan, would result in the continued pro1 i ferat*i on of si gns, and woul d resul t in i nappropri ate County exr,ense resul ti ng froid proc2ssi 1ig custs. GWG: WCL : EC : cb Attachments cc: City Manager, Carlsbad Cardiff Tcwn Council Motivational Systems, Inc. Pacific Coast Advertising Graphics, Inc. Building Industry Association g 2 1200 ELM AVENUE CARLSBAD, CA 92006-1989 Office of the Mayor - __ April 4, 1985 OFF-SITE E& ESTATE: SIGNS Carlsbad. Reeds your help In resolving a problem. For many years, we hclve been frustrated in our attempts t~ have off-site real estate signs removed from county islands within Claslsbaii's Sphere of Infiuence. aiscussions W~ZL: S~X?T'V'ISOT 3cxerz and councy piaming ofEiciais revn,alsc! 3-a~ st&.ff menbers could take no action on the cff-site real estate sign problem until the County 3~~~~ ~5 Sunarvisgsrs &-ended the County's Off-Prenise Siqn Xegulations. TELEPHONE (619) 438-5599 ., L - ... 1': \ L: ...I ,' Therefore, actinc~ m the behalf of the Carlsbad City Council,. I formally request that you amend the County's Off-Premise Sign Regulations to allow the City of Carlsbad to enforce its sign ordinance on county islands within .Carlsbad' s Sphc$ of Influence. MC : MO : gb En clos ure TO: Walter Ladwig, Director Department of Planning and Lanc? Cse County Comsel 2rsirLi se Cicy or' LPZ: scm A* 85-00618 a- 1 'I i I i i ! I i -. fast sentence explaining Section 8207 stating %pecial purpose off-premise . signs shall. be subject to Section 6i205m. A portion a€ MSPs business is, temporary real estate directional signs, i have been inlormed by ib2 Z~)untyk Codes Enforcement Dept., dter their biscussion with County Zoning, that any applications for prxnits for sign locations within the California coastal zone will aot be accepted regulated under Section 6207 €3-1 of the county ordinance. after January 11, 2985. Conversely, any sign locations in the coastal zone :that are listed with an application submitted before January 11, 1385, wIE'&e processed accordmg to Gection 6201. If approved, the perrnit'win k ibr a period of 2 years, at which time sip within the coastal eone rnust~removed. These decisions by Zoning and Codes Enforcement, Ias '€hey Tollow liections 6205 and 6201) boil down to Iittle more than B -int of trade for sign companies and penalize developers who submit applications dter January 21, 1985, and in effect, state aU. temporary real .estate isligns (T.R.E.D.'s) within the coastal tone must be removed by 3anuary 11, 1987. - - -- -.. I feel a more equitable and non-discrimatory solution is dl T.R.E.0.C ikoastd cone be removed forthwith or that en application could be submftted for approval with an expiration date of January 11, 1987. Either they all come down or everyone has the same opportunity .to advertise through January 11, 1887. ). I- -+>. ....... . L .. .- .. . -. . - . -= .... -.- . - .. -. .: ... .. , .: 0. .-. , _. -. . - .... . ......... , .. .. .. .. . .. .,.- I.__ ._ -...e I ,-,+,..- 7 - . .- ._ .... --. - .!: . . -._. - -. .... , .. -. .... ..... ...- .>.: ,. ... ...- ...- ;.-. ..... .... ... - .-. -. :-. ' . :.- -. .. . .. . *. .. - . '. - .. ...'. -. ... .. . .- - -' Y. . '.7 2:. I ...... . ....... .. .. . .. .-. .. . ----=. .... e-.. c. -.:+ :., . ._ . ,.. . . ........ ... .* ... ADUERTISING GRAPHICS. INC .. _- ~ .-- April 30, 1955 ............. - ............ . -. I_ - .. ,' e , *',, .,.! * .. ,. ' 1 ,. I ..... .. ...... ..- ...,, _.. ..... ... . ..~ ... I. .. . ,I ' ,I :II .. 4 i,: : ;- The recent changes in the bmq Zonkv Ordhnce regarding enforcement of the restrictive off-premise sipge provisions ;chin. t.ne California Coastal Zom, has proven to be a great hardship tg finas witk ox bh.stry. I uxge you to aaopt a more equitable and non-discriminator; position as to the placement of temporary off-premise signs within the Coastal Zone. Perhaps, applica- tions that are submitted anytime prior to January 11, 1987 would carry a CG~~OXX~T~ expiration date of 1/11/87. usage of what has proven to be a vital part of their marketing effort and enable all firms within our industry to systematically work tuward the removal of all off-premise signs throughout the Coastal Zone, and the redevelopment of marketing strategies for all projects located within the Zone. Tnis would enable all bxilder/developers to share in the - Thank you for yom attention and concern in this ratter. Sincerely, Jack Murray Vice-president cc: Supervisor, Brian P. Bilbray Ed Colby, kpz. of Planning & Land Use(565-5993 -code enforcement) David Cowan - Motivational Systems Inc. @ ~7tby .. CITY OF CARLSBAD MUNICIPAL CODE EXHIBIT 2 18.20.080 Removal of unsafe, illegal or abandoned signs. (a) Whenever any sign or part thereof other than those re- ferred to in subsection (b) is erected or maintained in vio- lation of the provisions of this chapter or whenever any sign is in a condition to be in danger of falling or is a menace to the safety of persons or property, the director of building and planning shall give written notice to the per- mittee, owner or person in charge of the sign. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal shall be not less than fifteen nor more than thirty calendar days from the date of the mailing of the notice. Within ten days of the date of nailing the notice the permittee, owner or person in charge of the sign may request a hearing before the director of building and planning or his designee. The hearing shall be limited to whether the sign was erected or maintained in violation of this chaptar or whether the con- dition of the sign is dangerous to the safety of persons cr property. Upon receipt of a written request for a hearing the director of building and planning shall schedule a hear- ing and send written notice by first class mail of the time, place, and date for the hearing. After the hearing the director of building and planning may affirn, modify or revoke the order to remove or repair. The time for compliance with the original order shall be stayed during the pendency of the hearing. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the di- rector of building and planning made pursuant to this section the director of building and planning may remove or alter the sign so that it conforms to the provisions of this chapter and Chapter 21.41. The expense of such action by the director of building and planning shall be charged to the permittee, owner or person in charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt.