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HomeMy WebLinkAbout1968-10-08; Planning Commission; Minutes"IIY 4 OF CARLSBAD -. MINUTES OF: PLANNING COMMISSION DATE OF MEETING: October 8, 1968 TIME OF MEETING: 7:30 P. M. mF MEETINL ROLL CALL Also present were City Attorney Wilson, Assistant Cits Engineer Spano, Building Inspector Osburn, and Planning Director Olinghouse. APPROVAL OF MINUTES: (a) Minutes of the regular meeting of September 24, 1968, were approved as corrected. WRITTEN COMMUNICATIONS: (a) There were no written communications. ORAL COMMUNICATIONS: (a) The Planning Director stated that if any Commis- sioner wishes to attend the California League of Cities Convention a reservation is available since a cancellation has been made. (b) The Planning Dieector informed the Commission that Chapter sevep (7), entitled "Planning Organiza- tion and Activities Within the Framework of Urban Communi ty , Woul d Commission would Government". in the book Planning and the Urban be well worth reading and felt the find this chapter interesting. PUBLIC HEARING: (a) It was the consensus of the Commission that th proposed Sign Ordinance be discussed before the public hearing as passage of the Sign Ordinance may have a bearing on the public hearing. e OLD BUSINESS: (a) Preposed Sign Ordinance The Planning Director stated that the revised ordinanc is not in legal form but is completed. He stated thal it is basically the same ordinance but with a few additional changes. He then reviewed and explained the changes that were made to the ordinance. One change that was made states "Every non-conforming sigr may be maintained, repaired and padnhed without a permit or fee, for a period not to exceed three (3) years from the effective date of this ordinance or seven (7) years from the date of issuance of a permit, whichever is longer. A change was made in the sectior "Non-conforming Signs" to read "NO non-confoaming sigr may be structually or electrically altered, except to provide periodic maintenance, increased in area or relocated unless it be made to comply with all the provisions of this ordinance. He then read and explair a new section to the ordiaance which is entitled "Yariances-General ly" . u Peesent Yotion \yes Rbstain d W OF CARLSBAD” -2- The Building Inspector felt that the propesed ordin- ance is in conflict with the present oequirements of a variance. He asked that consideration be given for a special use permit other than a variance procedure. He felt that if there are a multitude of variances for this, then there is something wrong with the ordinance. He pointed out that with a ppecial use permit, every sign would need the Commission’s approval, but would not be a public hearing in the sense of time and cost to the applicant. He stated that possibly in many cases of a sign involved, the variance cost could be equal to the cost of a sign. Commissioner Jose stated that the Sign Committee‘s opinion of the variance procedure was to grant variances only in extrmms circumstances and not to impose the Building Inspector, the City Manager, or the Planning Departtgemt with a flock of variances. He felt the variance procedure is adequate at the present time. When questioned, the Planning Director stated that the May Company Shopping Cdnter is not a freeway service facility. The ordinance states that in a C-1, C-2 and C-M zone on8 freestanding sign may be placed on each street frontage of a parcel provided the sign aeea is included within the aggeegate sign area. Commissioner Palmateer remarked that just recently he had passed thru many cities that had fine sign regulations and other cities that were poor. He felt that this was a good ordinance and would be beneficial to the City of Carlsbad. Planning Commission forward the proposed ordinance to the City Council, subject to the revidions set- forth by the Planning Director. PUBLIC HEARING: (a) CONDITIONAL USE PERMIT - To consider allowing five (5) signs containing a total of 211 square feet on building located at 457 Elm Avenue; located on the Southwesterly corner of Elm Avenue and State Street. Applicant: Bill F. Ryburn. Notice of hearing was read. The Secretary certified that property owners in the area were notified and then read the application. The Planning Director stated that the applicant has been in business in this location for some time with the disadvantage of not haverig a sign for advertising. He then read and explained the Planning Department Report of the famrts resulting from the staff investi- gation. He stated that the total square footage of sign area sholld not exceed the area permitted in the proposed sign ordinance. The sign area permitted by the proposed sign ordinance would be 1.5 sq. ft. Y "I?Y 3 aC CAWSBAD -3- per linear foot of building frontage of; 90.75 sq. ft. of sign area and the applicant proposes a sign area of 112 sq. ft. The Chairman announced the Commission would now hear from the applicant or his representative. MR. BILL F. RYBURN, applicant, stated that they will be redwood signs lettered in gold and will be attachel to the wall on the face of the building. He did not see why he would have to put up smaller signs. He pointed out that there will be 83 sq. ft. of sign on Elm Avenue and 30 sq. ft. of sign on State Street. When questioned why the signs could not be the size specified in the proposed sign ordinance, MR. Ryburn stated that the way the building was designed and builtsthe signs would not look right if they were reduced to a smaller size. Chairman Little stated that the applicant should understand that if this conditional use permit is granted and after the sign ordinance is granted, these propesed signs would be a non-conforming use. Mr. Ryburn stated that the only sign he would take down would be the sign on State Street, which will be on the side of the building. He stated that there are three windows specifying three different items on the store front. The Chairman announced the Commission would now hear from any others wishing to speak in favor of the application. There were no others wishing to speak in favor, so the Chairman announced the Commission would now hear from anyone wishing to speak in opposition of the application. Since no one wished to speak in favor, the Chairman declared the public hearing closed at 8:38 P. M. Photographs showing the proposed sign locations were distributed to the Commissioners. After further discussion, a motfon was made to,adopt Resolution No. 573, granting a conditional use permit for the purpose of allowing five (5) signs containing a total of 91 sq. ft. for the following reasons: 1. That the granting of this conditional use permit conforms to the proposed sign ordinance. 2. That the granting OC such a conditional use permit would not be detrimental to the surrounding area. COMMISSIONERS -4- Resolution No. 573. A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION GRANTING A CONDITIONAL USE PERMIT LOCATED AT 457 ELM AVENUE, ON THE SOUTHWESTERL CORNER OF ELM AVENUE AND STAEE STREET, was adopted by title only and further reading waived. NEW BUSINESS: (a) Non-conforming Use in Conforming Buildings. The Building Inspector stated that the ordinance states that all non-conforming uses of a conforming building in any of the R Zones shall be discontinued within three years from the ,date the provisions of this ordinance become applicable to it. He stated that this ordinance was adopted 14 years ago and was applicable 5 years after, but had never been enforced He pointed out that he has discussed this situation with the City Manager and the Planning Director. He asked the City Attorney what the legality would be to enforce this. The City Attorney stated that he realizes this section hag been in the ordinance and also that it has never been enforced. He suggested that the best thing to do would be to have the City Manggey, the Alanning Director and the Building Insgecjor discuss this matter and to see what their suggestions would be. When questioned.what would be the non-conforming aspects, the Building Inspector stated that it is having more than one single family dwelling on one parcel of lot, making it a conforming building on a non-conforming use. He stated he knows of several non-conforming uses existing in Carlsbad at the present time. Chairman Little stated that he realizes this could be a problem. He suggested that the Planning Department make a study of the different areas involved and to discuss the pros and cons and legalit of inforcing tlifs with the City Attotney. Mr. John 8. Palmer asked permission to speak. Permission was granted. MR. JOHN P. PALMER, 2635 Highland Drive, Carlsbad, addressed the CommPssion and stated that he bought his lot 10 years ago and built his home conforming to the R-1 zone requirements. He stated that the lot across the street from his property is approximately 15,000 sq. ft. The Buildings on this property were at one time chicken coops. He stated that they have been used for rentals during the entire 10 years he has live thethat area. Theee has been at least 150 tenants in these 3 buildings in the 10 year period. He also stated that it is not at all scenic or attralrtive to the neighborhood and that it is a nuisance for the pe6p)e in the neighborhood who have conformed to the requirements in an R-1 zone. He felt that ih is a condition that should be corrected. Motion Roll Call Ayes 1' & OF CARLSBAD -5- When questioned, the Planning Director stated that to get an initial report of the status situation, would not take long, but to make a survey of all the exist- ing conditions would possibly take some time. After further discussion, it was unanimously agreed that the Planning Director make a report of the different areas of non-conforming uses involved in Carlsbad and to present this report to the Commission at a future date. ADJOURNMENT: (a) By proper motion, the meetigg was adjourned at 8:55 P. M. Respectfully submftted, TONI J. DERRIGO, Recording Secretary