HomeMy WebLinkAbout1990-09-18; City Council; 10827; REQUEST FROM BOARD OF REALTORS TO AMEND SIGN ORDINANCE4
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~1700~ CARLSBAD - AGEN~ILL %v I(
AB#&JL TITLE: DEPT. H
CITY AT
DEPT. PLN CITY M(
RECOMMENDED ACTION:
REQUEST FROM BOARD OF REALTORS
TO AMEND SIGN ORDINANCE MTG.~
Consider request from Carlsbad Board of Realtors to amend Chap-
21.41 of the Carlsbad Municipal Code regarding temporary r( estate signs.
ITEM EXPLANATION
The City's sign ordinance (Municipal Code Chapter 21.41) perm temporary, onsite Itfor sale" and "open housevt signs but does permit offsite ones. This prohibition is consistent with other sections of the sign code regarding offsite advertising
signing.
By letter to the City Council, the Carlsbad Board of Realtors
requesting the Council to consider an amendment to the code
allow temporary, offsite real estate signs and to permit them
be a maximum four square feet in size.
Staff has consistently recommended against allowing any type
prohibition policy against offsite advertising.
FISCAL IMPACT
None.
EXHIBITS
1. Letter from Carlsbad Board of Realtors
offsite signs because any exceptions weaken the gene
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lllr CARLSBAD BOARD OF REALTORS
5120 Avenida Encinas, Suite A
Carlsbad, California 92008
Phone 619-438-1311 0
Tp------------- REFERRED Pi2 CITY MANAGER July 24, 1990
Honorable Mayor & Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008
Dear Mayor & Council Members:
The current Sign Code of the City of Carlsbad, Chapter 21.41. Sections 21.41.010 1 21.41.170, contains no provisions allowing for the use of temporary real estate off-site oper directional signs in residentially zoned areas. Such signs are the primary marketing tool of bc estate brokers and owners in the sale of resale homes. According to the California Associ: REALTORS, more than one-half of all resale home sales in California result from the ope1 process.
A typical prospective homebuyer in San Diego County, including the City of Carlsbad, knc area in which they would prefer to live and will drive streets in such areas looking for hoi sale, and, open houses. Carlsbad’s street patterns, like most Southern California comm without the use of temporary off-site open house directional signs, make it difficult properties at which an open house is being held.
The owner, or his or her agent, of a single resale home cannot afford the advertising desi bring prospective buyers to a new home subdivision. The only advertising available to 5 owner is the use of temporary real estate off-site open house directional signs.
In recent months, a number of surrounding jurisdictions, including the County of San Die City of San Diego and the City of Chula Vista have added a section to their sign codes autl the use of temporary real estate off-site open house directional signs. The display of such I these ordinance revisions has been restricted, as follows:
...
...
...
Such signs may only be placed on private property, subject to the owner’s permission.
Such signs may only be displayed during daylight hours.
The maximum size of such signs cannot exceed the allowable size for on-premise tempor real estate for sale signs.
The Carlsbad Association of REALTORS urges your consideration of an amendment to the Carlsbad Sign Code which would provide for the use of temporary real estate off-site ope directional signs in residentially zoned areas of the City, subject to the specified restrictions.
We would also urge that the maximum sign size for real estate for sale signs be revised f current 3 square foot maximum sign size limitation in residential zones (Section 21.41.070
3) to 4 square feet. Four square feet is the statewide industry standard for residential for I
REALTOR@-1s a registered mark which identifies a professional In
real estate who subscribes to a strict Code of Ethics as a member of
the NATIONAL ASSOCIATION OF REALTORS
a e
..
Honorable Mayor & Council
City of Carlsbad July24, 1990 Page 2
signs and the sign size most commonly used by the real estate industry throughout San County.
We would appreciate your consideration of these recommendations and would be happy t with your staff to discuss them in greater detail. Enclosed, please find copies of the City Diego and County of San Diego recently revised ordinance provisions governing the temporary real estate off-site open house directional signs.
Sincerely,
James Cothran President
cc: Michael Holzmiller, Planning Director
TF - I. Address numbers posted in accordance with the requirements o
Section 95.0209 up to 12 inches in height and four square
feet in size shall be exempt; Address numbers in excess of these dimensions shall be subject to paragraph "H", above.
SIGNS
It is the purpose of this section to permit and regulate the us
of temporary real estate open house directional signs in order
provide, where necessary, adequate direction to and identification cf individual residential dwelling units being
offered for resale. The requirements for the design and
r' BR b placement of temporary real estate open house directional siqns
shall be:
- 1. Such signs must be related to a single-dwelling unit which is offered for resale purposes only;
Such signs may contain the name of the person or aqency
offering the dwelling unit for sale, together with an arrow, an address or verbal directional information;
Such signs shall be ground mounted;
Such sign shall not be placed in the public riqht-of-way or
on any public property, and shall only be placed on private
property with the consent of the property owner;
Such signs shall only be in place during daylight hours;
- 2.
- 3.
- 4.
-- 5.
7 6. No flags, banners, streamers, pennants or other adornment
f
shall be placed near, or attached to, sucn signs;
The maximum allowable size of such signs shall be the s'ame as
that established by the applicable temporary on-premises real
estate sign requlations for the underlying zone or planned
district; however, in no case shall such signs exceed four
square feet per face for a sinqle- or double-face sign.
- 7.
~~~l~ll~llll~l
COUNTY OF SAN DIEGO
/ MEETING DATE: June 16, 1989 DATE ISSUED: June 7, 1989
TO: Planning Commission
- FROM:
SUBJECT: Hearing on:
6
-
Department of Planning and Land Use
PI89-04, Zoning Ordinance Amendment to Allow Temporary Open Housing Directional Signs; Board Initiated
SUPV. DIST.: All Requested by Chairman Golding
DESCRIPTION:
This is a hearing on a proposed Zoning Ordinance amendment to allow
temporary open house directional signs in the County. The draft amendment (Attachment B) establishes certain restrictions on the placement and sizes
a1 1 owed.
REFERRAL!
PREVIOUS ACTIONS:
On April 17, 1989 (12), the Board directed the Chief Administrative Officer to process a Zoning Ordinance amendment that would allow the placement with certain restrictions, of temporary open house directional signs in
connection with the resal? of individual residences.
On December 14, 1988 (16), the Board of Supervisors referred the issue of
temporary open house directional signs to the Chief Administrative Officer for a report back to the Board.
DEPARTMENT RECOMMENDATION:
1. Find that the proposed project will not have a significant effect on the environment. Consider and approve the Negative Declaration (Attachment A),
Recomnend the adoption of the attached form of Ordinance:
"AN ORDINANCE AMENDING THE ZONING ORDINANCE XELATING TO TEMPORARY OPEN HOUSE DIRECTIONAL SIGNS" {Attachment B) .
2.
-
m m /2 -
-2- June 16, 1989
/* ; I.
Open House Directional Signs
MAJOR ISSUES:
o
o
BACKGROUND/REASONS FOR HEAR1 NG:
On December 14, 1988 (16), the Board of Supervisors heard a request from Chairman Golding to direct the amendment of the sign code to allow the use of temporary real estate open house/directional signs in the County, ana the Board referred the issue to the Chief Administrative Officer for a report back.
On April 17, 1989 (12), the Board directed the Chief Administrative Officer to process a Zoning Ordinance amendment that would allow the placement with certain restrictions, 3f temporary open house directional signs in connection with the
resale of individual residences.
DISCUSSION OF MAJOR ISSUES AND RESPONSES
o
Is there a need for temporary open house directional signs?
Does the proposed ordinance protect the interests of the general public?
IS THERE A NEED FOR TEMPORARY OPEN HOUSE DIRECTIONAL SIGNS?
Discussion: for the placement of "open house" signs for the resale of homes in the residentially zoned areas of the County. those persons interested in locating homes that are for sale and available for viewing. There are provisions to allow placement of signs for new subdivisions upon approval of an administrative permit.
Response
Department: properties to be able to provide dirctions to those homes that are for resale and are open for viewing. signs. The requirement of an administrative permit is not proposed for these temporary resale signs as they will be smaller, fewer in number and
in place for a shorter period of time than signs for new subdivisions.
The current provisions of the Zoning Ordinance do not allow
Such signs are intended to assist
There is a legitimate need for the sellers of residential
The proposed amendment would permit such
o DOES THE PROPOSED ORDINANCE PROTECT THE INTERESTS OF THE GENERAL PUBLIC?
Discussion: directional signs, there is also a need to protect the public from a proliferation of signs in their residential neighborhoods.
Response
Department: these signs, incluaing:
While there is a clear need for temporary open house
The proposed amendment contains a number of restrictions on
BOARD POLICY APPLICABLE: * CONCURRENCES: NONE NONE -.
APFRGVEij BY COulu’TIT COilNSEi AS
TO LEGALITY
CAO OR AUTh‘OiiIZED RE?RESENTATIVE
ATTACHMEIT B W m
(NEW SERIES) -- ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING O?9INAF!CE RELATING TO TEMPORARY OPEN HOUSE DIRECTIONAL SIGYS
The Board of Supervisors of the County of San Diego ordains as foll OWS:
Sectiorl 1. Section 620!e of the Zoning Ordinanc? is hereby added to vead as follows:
6207 sPEcIat P~RPOSE OFF-PREMISE SIGX - ihe foiiowing speciai purposc off-premise signs may be construct?d, placed und maintainxi in any location upon the grai:ing of 3 minor use permit or an administrative sign permit -- if as applicable:
a. through d. !I3 Change)
- e. Temporary Open House Directional Signs
Temporary Open House Directional Signs are off-Dremise signs providing directions to an existing individual dwelling that is offered for resale.
.- cond'tions . are met:
-- 1.
- 2.
Such signs are permitted if the follow-
Display shall be limited to daylight hours, after which time the signs shall be removed.
Placement shall be only on private property, not in public road rights-of -way, and shall be subject to the property owner's perrni ssion. I
Signs shall be limited to no larger than four square feet in area and shall be limited to a maximum of five such signs.
No more than one such sign shcll be placed on any parcel, except for corner lots which may have one such sign on each street frontage.
Sign copy shall state "Open House" and, in addition, shall be
limited to the name and phone number of the person and/or agency offering the property for sale, the address of or direction to the property, and a directional arrow.
Signs must be related to an individual dwelling that is offered for resale only.
- 3.
- 4.
- 5.
- 6.
PIB~AR~;SIGNS/OR~;SV
EUA~V ut aurcnviauna
!!!ORMATION DEVELOPMENT FORa
SU EJECT:
TEMPORARY REAL ESTATE DIRECTIONAL SIGNS
BACKGROU D INF RMATION: T YIP e e even Boards of Realtors in San Diego County have
expressed their concern that the existing County Sign Code unfairly
impacts the resale home market. The Code does allow off premise
subdivision directional signs , enabling po'tential buyers of new
homes to conveniently locate such projects.
The Code does not presently allox resale homes, which are in
direct competition with the new home market, the same opportunity
to provide off premise directional signing.
Realtors contend that off premise open house directional signs
are essential in the marketing of resale homes, particularly in San Diego County where the topography makes many street addresses
difficult to locate.
The San Diego County Council of Real Estate Boards; Inc. has
informed me that a recent California Association of Realtors study
determined that more than half of the resale homes sold in the state were the result of the open house technique. They noted that
buyers, having selected the community in which they wish to live,
will drive through the community's neighborhoods in search of homes
for sale and open houses where homes are-open for their inspection.
With appropriate restrictions, such as those outlined in the
Summary of 'Request, the Boards of Realtors request to amend the
Sign Code to allow for- temporary real estate open house/directional
Currently, there is only limited enforcement of the Sign Code
and there are numerous weekend violations throughout the County.
Realtors have expressed their willingness to self-enforce a sign
policy that allows them some opportunity to utilize temporary signs
that are an essential resale home marketing tool. A standard policy
could benefit communities by reducing the clutter of illegal signs
signs appears warranted. 4
. of various sizes, colors and texts. ,
0 ORDINANCE 0 RESOLUTION 1 CITIZENS COMMITTEE STATEMENT 0 YES a NO 1 0 CONTRACT NO.
CONTRACT APPROVED 6Y CAO FOR ECONOhiY 0 YES 0 NO 0 N/A .E EXEMPT (0/s pc)LIcy A-G OSTANDAHD F APPROVEO BY COUNTY COUtGSEL AS '10 LEGALITY t.l YES
CONTRACT REVIE\V PAblEL ACTION
ini ilia:^ c] NCT APPLICABLE
0 APPROVED 0 DISAPPROVED . 0 NOT APPLICABLE
AUDITOR APPROVAL NEEDED 0 YES 'initials 0 NO IFIN. MGT. A
BOB TRETTIN f5533 A500 ........................................ ........................................................ DE:; AUT-IORIZED REPRESENTATIVE/ C0F:TACT PE?Si3li PHOI.IE A';D F$rilL STOP
.. ijecc+~r 1 3 , i 5 Sj .......................................................... ................................ .... .... 0,: ..... :.::t*. :,..-i ... -,_ ... .,, :. .......
. - _. - -. .
W e
The County's Sign Code is requested to be amended to allow the use of temporary real estate open house/directional signs in residential
zoned sections of the County's unincorporated area - subject, but nr
limited to the following restrictions:
1.
2.
Signs may only be displayed during daylight hours
Signs may only be placed on private property subject to the
permission of the owner.
3. The maximum size of such signs cannot exceed the allowable size
for on-premise temporary real estate for sale signs (as set for1 in the county's sign code).
I
.. ,.
_____ . V. --,q ----U VL
,Supervisors dir d the Chief Administrative icer to return - . towthe Board wit Bp an amendment to the Zoning Or inance that would
allow the use of temporary open house directional signs in residentially zoned areas of the County.
the matter.
The Board now considers /
There is presented to the Board a letter, Board of Supervisors Document No. 719672, from the Chief Administrative Officer concerning a report on a proposed amendment to the Zoning
Ordinance that would allow placement of temporary open house-
signs on private property.
In reviewing the item, a representative of Planning and Land
Use states that the request to include open house sign placement on private property in the Zoning Ordinance was for the purpose of allowing the individual property owner the same privilege permitted to subdivisions. He indicates the signs would be 4 square feet in size, with a limitation of 5 signs to each
advertised property, and removal of the signs to be done at the end of each day. allowed in the public right of way.
Estate Boards, addresses the Board in support of the amendment, stating that a number of jurisdictions in the County urge approval. He notes that more than half the homes sold in the County have occurred through the open house system.
He states that sign placement would not be
Bud Porter, representing the San Diego Council of Real
In discussion, noting that no mention of public right of way is included in the amendment, it is suggested that some
reference be inserted to offset any infringement.
Bilbray, the Board of Supervisors directs the Chief
Administrative Officer to process a Zoning Ordinance Amendment that would allow the placement, with certain restrictions, of temporary open house directional signs in connection with the resale of individual residences.
ON MOTION of Supervisor Bailey, seconded by Supervisor
Roll call on the foregoing ,motion results in the following
AYES: Supervisors Bilbray, Bailey, Golding, Williams,
NOES: Supervisors None
ABSENT: Supervisors None
vote:
MacDonald
---
STATE OF CALIFORNIA ) ss, County of San Diego )
1, KATHRYN A- NELSON, Clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregcing copy with the original. order adopted by said
Board at a regular meeting thereof held Aoril 17 1989 (12) I by the vote herein stated, which original order 1s 'now on tile In my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said Board of Supervisors, this
24th day of April, 1989
KATHRYN A. NELSON Clerk of the Board of Supervisors
By Nora M. Welch
( SEAL) Deputy
0
m 0
CARLSBAD BOARD OF REALTORS
6120 Avenida Encinas, Suite A Carlsbad, California 92008
Phone 619-438-131 1 B RE ALTO R@
September 18,1990
Mr. Raymond Patchett
City Manager City of Cadsbad 1200 Eh Avenue CarlsbadCA 92008
Dear Mr. Patchett:
The CARLSBAD ASSOCIATION OF REALTORS respectfully requests that City Council consideration of this 11ssQciation’s request for an amendment to the city sign ordinance on the September 18, 1990 Agenda Bill be continued
to October 9,1990.
Sincerely,
)h7U24VQb&
James A. Cothran President
HFALTOMP is il rBP161ere~~. rnatk Hhich vinrrlilil(l a profeanlunal In
~
San Diego County Council
of Real Estate Boards, Inc.
September 11, 1990
City Fanager Xaymond Patchett City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008
Dear Vr. Patchett:
The Carlsbad Board of Realtors sent a letter to the Carlsbad %?or and City Council urgiEg their consideration of an amend- ment to the Carlsbad sign code which would Frovide for the use
of tenporary real estate off-site open house directional signs
in residentially zoned areas of the cjty. letter is enclosed.
We would like an opportunity to meet with you or the appropriate person from your city to discuss this matter.
I look forward to hearing from you.
A col3~7 of this
Sincerely ,
-
gislative Director
BE’ : nh
444 Camino Del Rio South, Suite 203 San Diego, California 92108 (619) 295-9728
.I
Sari Diego County Council
of Real Estate Boards, Inc.
July 115, lS30
:Ionorable Mayor & Council
1200 Elm Avenue
Carlshad, CA 92008
near Mayor Er Council Members:
The current Sign Code of the City of Carlsbad, Chapter 2l.41..
S-ectf.zns 21.4?_..010 through. 21.41.i70, contains no provisions allowing for the use of temporary real estate of f-sicc -r==a yy L k 1 1.1 ~ .-c;-s u d .., directional signs in residentially zoned areas. Such signs are
the primary marketing tool of both real estate brokers and owners in the sale of resale homes. According to the California Association of Realtors, more than one-half of all resale home sales in California result from the open house process.
A typical prospective homebuyer in San Diego County, including the City of Carlsbad, knows the area in which they would prefer
to live and will drive streets in such areas looking for homes for sale, and, open houses. Carlsbad's street patterns, like
most Southern California communities, withouz the use of temporary off-site open hoase directional signs, make it difficult to find properties at which afi open house is being he Id.
The owner, or his or her agent, of a single resale hone cannot
afford the advertising designed to bring prospecti.ve buyers to a
new home subdivision. The only advertising available to such an owner is the use of temporary real estate off-site open house directional signs.
City of Carlsbad ..
:. . - J,r, c~ct~~i~ p,iin~~is, a j-,Gz;ij>5. ;,f ! .... ---'8".$?ir:.- ;:..-: 3..4b-:rn...
3.2 i i i, ;(i*L I. a-> . 3 J ai .i. :-3u 1 - L .LC;* 2 ,
including the County cf San Diego, ?he City of San Di3go and tke City of Chula Vista have added a section to their sign codes
authorizing .the use of temporary real estate off-site open house
directional signs. The display of suck signs i.n thesc Grdinance revisions has been restricted, 3s fcllows:
... Such signs may only be placed on private property, subject to the owner's permission.
... Such signs may only be displzyed during daylijht hours.
... The maximum size of such signs cann.st exceed th? =illowalnle size for on-premise temporary real ?state for sale signs.
The Carlsbad Board of Realtors urges your consideration of an
444 Camino Del Rio South, Suite 203 San Diego, California 92108 (619) 295-9728
I m *
amendment to the City of Carlsbad Sign Code which would provide
€or the use of temporary real estate off-site open house directional signs in residentially zoned areas of the City,
subject to the specified restrictions.
‘We would also urge that the maximum sign size for real estate for sale signs be revised from the current 3 square foot maximum sign size limitation in residential zones (Section 21.41.070 -
Table 3) to 4 square feet. Four square feet is the statewide ind”ustry standard for residential for sale/rent signs and the sign size most commonly used by the real estate industry
thrzriighoiit San Diego County.
We would appreciate your consideration of these recommendations
and would be happy to meet with your staff to discuss them in
greater detail. Enclosed, please find copies of the City of San
Diego and County of San Diego recently revised ordinance provisions governing the use of temporary real estate off-site open house directional signs.
Sincerely,
0
CARLSBAD BOARD OF REALTORS
5120 Avenida Encinas, Suite A
Carlsbad, California 92008
Phone 619-438-131 1 0
September 27, 1990
City Manager Raymond Patchett City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008
Dear Mr. Patchett:
On behalf of the Carlsbad Association of REALTORS, I would like to request that the proposal to amend the sign ordinance to provide for the legal use of temporary off site fc sale/directional real estate signs in residentally zoned areas be withdrawn from the Octob 9, 1990 City Council agenda until further notice.
Due to conflicts in schedules and the upcoming holiday season, we respectfully make th request to you and the Mayor and Council and do not anticipate requesting time on tl docket until next year.
Respectfully submittted, &dl -4-a h, o&lw
James A. Cothran
JC:ls -%
LL, L! cm
REALTORd--ls a reglstered mark which identifies a professional in
real estate who subscribes to a strict Code of Ethics as a member of .$. *,AT,nh,l, ACenCIAT _.I -r --.,---,.
. m
CARLSBAD BOARD OF REA
5120 Avenida Encinas, Suite A
Catlsbad, California 92008
Phone 619-438-1311 R EA LTO R@ fEl
September 27, 1990
City Manager Raymond Patchett City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008
Dear Mr. Patchett:
On behalf of the Carlsbad Association of REALTORS, I would like to request that thei proposal to amend the sign ordinance to provide for the legal use of temporary off site fo~ sale/directional real estate signs in residentally zoned areas be withdrawn from the Octobe~ 9, 1990 City Council agenda until further notice.
Due to conflicts in schedules and the upcoming holiday season, we respectfully make thi! request to you and the Mayor and Council and do not anticipate requesting time on thc docket until next year.
Respectfully submittted, &*2 L4-W h, PJJ!bbw
James A. Cothran
JC:ls -x
LC. La em
REALTORB-ts a registered mark which ldent-lfies a professional In
real estate who subscribes to a strict Code of Ethics as a member of
the NATIONAL ASSOCIATION OF REALTORS