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HomeMy WebLinkAboutAGENDA REPORT 2000 0802 CC REG ITEM 10BTo.: From: Date: MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council ITEM -�' CiI A 2. �f $_� .: '..�± ,4"x,7 Ci' 1 G"0R -, A Qf . ACT10� Wayne Loftus, Director of Community Development�� Prepared by Craig Malin, Assistant Planner July 25, 2000 (CC Meeting of August 2, 2000) Subject: Consider Minor Modification No. 4 to Commercial Planned Development Permit No. 92 -2 for a Modification of the Master Sign Program to Install Menu board Signs Totaling 79.2 Square Feet in Size at the McDonald's Restaurant; Located at the Northeast Corner of New Los Angeles Avenue and Spring Road at 501 New Los Angeles Avenue, Applicant Debbie Voss (APN 512 -0- 180 -080) Background On October 20, 1986, the Planning Commission approved Resolution No. PC 92 -267, a request for construction of a 3,200 square foot McDonald's Restaurant on a one -acre parcel. Several Minor Modifications related to landscaping and limiting traffic movements from the site were subsequently processed and the "Playplace" providing play equipment in the facility was approved in 1996. The current request is to allow an increase in sign area for the drive - through menu board by approval of a Minor Modification to the Commercial Development Permit that allowed the development of this project. Discussion On November 17, 1992, Sign Permit No. 293 was issued for installation of signs for the McDonald's Restaurant. This sign permit included the installation of one (1) menu board sign measuring 10.75 square feet in size (Exhibit 3j. The current Minor Modification (No. 4) application is a request for revision of the Master Sign Program to replace the existing approved menu board sign for the drive - through with two (2) new menu board S:1Community DevelopmenriEveryonelCity Council Agenda Reporfs1Cpd92- M.sr.doc 000224 Honorable City Council Minor Modification No. 4 to CPD 92 -2 July 25, 2000 Page 2 signs (Exhibit 2); a new main menu board sign totaling 43.3 square feet (8'3" wide x 5'3" high) and a Preview Board of 11.8 square feet (2'3" wide x 5'3" wide) . These two proposed signs would total 55.1 square feet in size. Both signs would include pictures of the food items with text descriptions limited to the larger sign. The larger sign is proposed to be located in the drive - through lane just before the pick up window where food orders are placed. The Preview Board would be located at the entrance to the drive - through to inform patrons of the `value meals' and `specials', which are available. Project Setting Direction Zoning General Plan Land Use Site CPD C -2 McDonald's North CPD C -2 Undeveloped Commercial South CPD C -2 Moorpark Plaza /New Los Angeles Ave. East CPD C -2 Blockbuster /Starbucks Coffee West R -1 M Single Family Homes /Spring Rd Definitions of zoning designation: CPD = Commercial Planned Development R -1 = Single Family Residential General Plan designation is: C -2 = General Commercial M Medium Density Residential. This project site is within the Redevelopment Project Area. Code Requirements Section 17.40.140 of the Zoning Ordinance (Exhibit 4) limits the size of signs for drive - through restaurants to one (1) menu board sign not to exceed sixteen (16) square feet in area which is not counted as part of signage allowed on the site. Riders (extra signage on the perimeter of the sign) on the menu board are prohibited. Condition No. 26 of Resolution No. PC 92 -267 (approving McDonald's) required approval of a Sign Program governing the placement of signs on the site. This proposal is requesting the application of Section 17.40.050.0 of the Zoning Ordinance which allows Sign Programs to supercede the requirements of Section 17.40 (Signs) of the Zoning Ordinance as a basis to allow two (2) menu board totaling 55.1 square SACommunity DevelopmenflEveryonelCity Council Agenda ReportslCp02- 2#4.sr.doc 000225 Honorable City Council Minor Modification No. 4 to CPD 92 -2 July 25, 2000 Page 3 feet in size as compared to the 16 square feet single menu board size provision found in the Zoning Ordinance. Existina McDonald's Sians At present, three (3) menu board signs, one permitted but slightly over size and two that have not been permitted are located on site, these consist of: 1) A 10.75 square feet permanent menu board (which meets code requirements) listing the choices in text with a 6.3 square feet rider attached (total 17.05 square feet) located in the planter just before the pick up window. This is also the location to order from the menu through a speakerphone. 2) A 19.3 square feet (48" wide x 58" high) temporary menu board has been placed in the planter at the entrance to the drive - through. 3) An additional temporary menu board has been placed in the planter across from the pick up window within view of the ordering location. This sign is 42.9 square feet in size (119" wide by 52" high) . Both of these temporary signs (Sign No. 2 and No. 3 in this paragraph) include pictures of the food items listed on the menu. The total size of the three existing menu board signs is 79.25 square feet. One menu board sign (Sign A) was authorized at the time of approval of the restaurant totaling ten (10) square feet in size (Exhibit 3). Additionally, other on -site signs were approved by Sign Permit No. 293, which approved two (2) monument signs, building signs, and directional signs. However, the 'McDonald's' building sign on the southeast elevation of the building which was approved with Sign Permit No. 293 was conditioned to be removed by Sign Permit No. 96- 419 (approving the Playplace signs). This sign remains today and must be removed regardless of the action taken on this request. Existing Menu Board Signs Within the City Five other restaurants in the City have drive - through and menu board signs. The current size of these signs and their permit status is summarized below: Burger King - 33.6 square feet existing menu board signage consisting of a 7.33 square feet Preview Board at the entrance to the drive - through, a 21.96 square feet main menu board with a 4.34 square feet rider. Sign Permit No. 436 approved the monument sign but did not include provision for the menu board or wall signs. S:ICommunity DevelopmentlEveryonelCity Council Agenda ReporMCpd92- 2#4.srdoc 000226 Honorable City Council Minor Modification No. 4 to CPD 92 -2 July 25, 2000 Page 4 Carl's Jr. - 51.3 square feet existing menu board signage consisting of a 36.26 square feet menu board and three riders of 2.21 (top) , 1.85 (left side) and 1.85 square feet (left side) respectively and a 9.01 square feet Preview Board installed at the drive - through entrance. Sign Permit No. 309 approved a 31.5 square foot menu board for Carl's. No criteria exist in the Sign Program for Mission Bell Plaza for menu board signs. At the time of approval, the Master Sign Program for the center was allowed to exceed the Zoning Ordinance provisions for signs. El Pollo Loco - 39.5 square feet existing menu board signage. The Minor Modification approving construction of El Pollo Loco included a menu board measuring 46" x 74" (23.6 sq. ft.) . Sign Permit No. 415 was approved for wall and monument signs, but did not include any reference to menu board. No criteria exist in the Sign Program of Mission Bell Plaza for menu board signs. At the time of approval, the Master Sign Program for the center was allowed to exceed the Zoning Ordinance provisions for signs. No riders exist on this menu board sign. Taco Bell - 47.2 square feet existing menu board signage consisting of a 23.06 square feet menu board and four riders of 7.29 (top), 8.77 (right side), 4.18 (left side) and 3.94 square feet (left side) respectively. No record of a Sign Permit exists for Taco Bell, which is located in the Town Center, a project originally approved by Ventura County prior to incorporation of the City. The current sign program for the Town Center contains no reference concerning menu board signs. At the time of approval, the Master Sign Program for the center was allowed to exceed the Zoning Ordinance provisions for signs. Wendys - 46.0 square feet existing menu board signage consisting of a 32.25 square feet menu board with two side riders totaling 5.46 square feet, a top rider of 7.17 square feet and a 8.36 square feet Preview Board at the drive - through entrance. Sign Permit No. 161 approved all of the existing signs including the menu board but included no plans or specifications for the signs. The approved plans for Wendys depicted three Wendys wall signs and three (3) logos on the building but no menu board signs. No reference concerning menu board is included in the Sign Program for Moorpark Plaza. SACommunity Development EveryonelCily Council Agenda ReportXpd92- 2#4.sr.d0c 00022""i Honorable City Council Minor Modification No. 4 to CPD 92 -2 July 25, 2000 Page 5 In 1993, a condition of Zoning Clearance for the restaurant facility involved the planting of a 72" box Holly Oak Tree. This requirement was fulfilled, however, the tree subsequently died and was removed. The replacement of this tree is required since it was a condition of project approval, however, it has also been included as a condition of this Minor Modification request. Summary Chart of Existing Menu board Signs (All sizes listed in square feet) (McDonald's Restaurant Signs as Requested) Restaurant Menu Board Preview Boards Riders Total Burger King 21.9 7.3 4.3 33.5 Carl's 36.2 9.0 5.9 51.1 E1 Pollo Loco 39.5 -0- -0- 39.5 Mc1ta1c�s" 4; l� 632.. 2 6' 79 Taco -, Bell 23.0 -0- 24.1 47.1 Wendys 32.2 8.3 12.57 45.9 Surmary Menu board signs were approved by the City for all of the above facilities, with the exception of Taco Bell, which was approved by the County of Ventura. At present, no information exists concerning the approved size of menu board signs for Burger King, Taco Bell and Wendys. However, Carl's Jr., E1 Pollo Loco and McDonald's have installed menu board signs larger than authorized by the approved Sign Permit. Due to the lack of clarity of information regarding the approved size of menu board signs for a number of the existing fast food restaurants, it may be appropriate to authorize additional signage area for the drive - through portion of the restaurants but not exceed the average size of the competing facilities who currently have adequate signage. Based upon this "equity" concept the total sign area of all menu board Signs at the McDonald's Restaurant drive - through should be not more than 43.5 square feet which is the average menu board drive - through square footage currently constructed by competing fast food restaurants. Currently, the largest total amount of drive - through signage is 51.1 square feet at Carl's Jr. This is in contrast to the smallest in place signage of 33.5 square feet at Burger King and the total of 79.2 square feet requested by McDonald's Restaurant. S:ICommunity DevelopmenflEveryonelCity Council Agenda Reports1Cpd92- 2#4.sr.doc 000228 Honorable City Council Minor Modification No. 4 to CPD 92 -2 July 25, 2000 Page 6 Based upon the existing McDonald's menu board of 10.7 square feet an additional 32.8 square feet of signage would be allowed if the requested additional drive - through menu board signage is limited to the 43.5 square foot "equity" signage proposed by the staff recommendations. Case Processing Fees As noted earlier in this report, there have been a number of applications processed for this facility during the past eight (8) years, not including the current request, which have generated a negative balance in the processing accounts. Based upon a recent audit of the accounts for this project, there is an outstanding balance due of $2,511.25 that is payable to the City for legal services by the City Attorney and processing and condition compliance review by the Planning and Engineering Departments. Of the amount due and payable to the City, $2,307.40 is outstanding from 1995 - 1996 as owed for legal review. A condition has been included in the attached resolution that this money be paid to the City prior to the approval of a Zoning Clearance for any permits to do work on the site. Environmental Determination This project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) as a Class 11 Exemption, for the construction or placement of minor structures accessory to existing commercial structures, such as signs. Recommendation Adopt Resolution No. approving Minor Modification No. 4 to Commercial Planned Development Permit No. 92 -2. Attachments: 1) General Plan Map and Zoning Map 2) Site Plan, location of existing and proposed signs 3) Design of proposed signs . 4) Sign Permit 293 approved menu board sign 5) Applicant request letter 6) Section 17.40.140 of Zoning Ordinance 7) Section 17.40.050.0 of Zoning Ordinance S.ICommunify DevelopmenflEveryonelCity Council Agenda ReportslCpd92- 2#4.sr.doc 000229 I. I 7c, 2- iWATJ Fit U MK IIE: Wo 4 saw, •si1/1t/tN•�' i- *; Janata" X11/11111 i cz:�Ialc2 -■ ■1 t / /IE-v :jjjjg +i � Vim w i1ai111����� ►aau111�i�� ll.r�lE�r1/ a• jii. 3� � p !11111111': foil t�9 Boil ..� 11.1. �.. ►!� w ••,`S MIS- Nr„i i� 1 a 9 X ID Ilry.ime , ~~ ~ City of Yoorpark Community Development Department Interoffice Memorandum TO: Wayne Loftus, Director of Community Develo merit FROM: Jeremy Ochsenbein. Planning TechniciaL— ':Z DATE: February 3, 2000 SUBJECT: McDONALDS SIGNS As requested, I have compiled information about the signs at McDonalds, located at 501 New Los Angeles Ave. The following summarizes the information obtained about signs on site: Sign Location Size Permitted (yes Code Requirement Coament or no) Monument Spring Road 5 ft. Yes, throug^ Max. 4 ft. high Legal tall condition, o` Only one per nor. - conforming original business resolution (17.40.0408) Monument New Los 5 ft. Yes, through Max. 4 ft. high Legal non- Angeles Ave. tall condition of Only one per conforming original business resolution (17.40.040B) Menu Board NE corner of 16 sq. Yes, sign permit :tax. 16 sq. ft. , Meets standards building ft. #293, riders no ciders allowed except for riders attached to top (17.40.140) (see discussion and right not below) permitted wall SE elevation 19.74 Originally Max. two wall Should be removed sq. ft. permitted by signs with max. per sign derma- . sign perm t 20 sq.ft. per Site originally 4293, sLgn sign (17.40.0400) permitted three permit 90 -_ 9 wall signs shows sign being removed wall SW Elevation 19.5 so. Yes, permitted Max. two wall Lecal ft. by sign permit signs with max. #96 -419 20 sq.ft. per sign (17.40.040D) Mall NW Elevation 19.74 Yes, permitted Max. two wall Legal sq. ft. by sign permit signs with max. #293 20 sq.ft. per sign (17.40.040D) Temp. Menu NE corner of about 10 No Only one menu Barn r attached I Board building to 12 board allowed to 2X4 saw ho=se i sa. ft. (11.40.140) Stv:e moun --L_ -� Temp. [Menu NE corner of About 15 No Only one menu _ � Oar.-er attac' =d Board building to 18 � board allowed 4 saw (right side of sq. ft. (17.40.140) stye mcur.t'_^ i 4 1 drive aisle) Directional Entrance /exit 3.25 ft. Yes, permitted Not explicitly :.eaal or signs of drive thru nigh by sign per:- :t discussed non- ^on`_orm.ic; i #293 0002 3..3 Window On all windows Est. _5 Yes, ' -_ndow Exempt from sign Legal, as long as signs to 2` signs ere permit less than 25% of if (17.40.080) coverage per windy.: less :-.an 25° window. Some may area co c - -_ =:= be more i ,emp sales Attached to Less ND, _- _ces 17.90. 40K cover; Illegal signs (3 light poles than ? temp. ___ temp signs it total) and stuck in sq. _ -. perrr. =: ground Other Information: The originally required the sL --mission of a sign program to be approved by the Director of Community Development. A Minor Modification for a sign progra-. was never submitted. The signs were approved with a Sign Permi: (4293) . In the process of approval c= the original sign permit, the Community Development Departure-.= requested modifications to the plans that were originally submitted. One of the requested modifications was that the men(.: board be designed in conformance with the City's standard, a mar_mum of 16 square feet in area. ATTACHMENTS: Page 7 of Condit-L---is of Approval, CPD 92 -2 Letter to Sta -_ Janocho, Superior Electrical Advertisi -:a datea 10/15/92 Sign Permit 496 -=:9 00023 M: \JOchsenbein \Letters \McD.signinfo.doc Florida Plastics Illuminated Menu Board and Pre -Sell (P"O.P.) (Available through Superior Electrical Advertising, Inc.) m SCALE: 114" _ p- l`• -� D nD 2 K M Z 8' -3" F8•�1 CARRIER SI2F Ln E' M LO POP. 912E PO.P ' 12 9E C P.O.P 912E •O• 1/4" THICK STEEL PLATE SPECIFICATIONS: LOAD FOR 3 COLUMN SECTION: 3.2 AMPS LOAD FOR SINGLE COLUMN SECTION: 1.6 AMPS CIRCUITS: (1) 110V / 60 HZ DEDICATED SIGN CIRCUIT B' BAETIE W POST 7 — - TO SEPARATE v b POWE R &DATA _ CABLES - -1 51r MOUNTING STUDS W FOUN. Drive -Thru Menu Board - -'CONODII ITEM # 5 -9A Drive -Thru Pre -Sell ITEM # 5 -913 2' -3" - 1' -0' I 1 fi8.11 ❑1:1 i0 ❑� l0 -�L - %: [HICK STEEL PLATE - 8' SPECIRCATIONS� -'— tlNfLE IN POST LAMPING (4) F24T)2 /CWMO : er - r -- TO SEPARATE R & DATA CABLES 8 DATA BALLASTS (0 /EffER50N 256 448 100 USA _ mL CABLES (I)A EASON 256448100600 CANADA LOAD 2 9 AMPS 5/11'MOUNIWG CIRCUITS (1) 120W20AMP DEDICATED SIGN CIRCUIT STUDS IN FOUN '4' CONDUIT Drive -Thru Pre -Sell ITEM # 5 -913 GI►J�t �{siU11 Fo��r� �u awMillU►� AStll� o (� 1441 ! M E'I U a4T- - -OUK -H p�� r IIrGw'� PIZ'IHM iul il, WHO K�FI.�GTIV� PPII� FItJISN ,'VCr rR{!tZ UIJprPa,'�,T HII�TI 40 WuiAN /,urP� f D D C7 2 d � ® m v�1 " . 1 v. -, i. , . „i 1 111 .1 Ii 00- _1 I -q N I I i I ,3u )eborah Voss 0'.: ner /Operator t PMB #467 6433 Topanga Canyon Canoga Park. CA 91303 Office: 805/241 -8354 Pager: 818 /589 -6785 Fax: 805/241 -7518 TO: CITY OF MOORPARK FROM: DEBBIE VOSS REPRESENTING MCDONALDS SUBJECT: PROPOSED EXPANSION OF MCDONALDS MENU SIGN AT 501 NEW LOS ANGELES AVE ENCLOSED IS THE REQUIRED INFORMATION THAT YOU HAVE REQUESTED TO HAVE AN ADDITIONAL 20 FEET OF DRIVE THRU MENU BOARD AT MY RESTUARANT. I AM SIMPLY ASKING THE CITY TO ALLOW ME TO INSTALL A NEW AND BETTER LOOKING MENU BOARD TO ASSIST MY CUSTOMERS OF MOORPARK WHEN PLACING A ORDER AT THE DRIVE THRU. IT WILL ENHANCE THE OVERALL EXPERIENCE WHEN THE CUSTOMER IS PLACING THE ORDER BECAUSE THE NEW MENU BOARD CONSISTS OF APPX 70% PICTURES OF FOOD VS THE SMALL PRINT THAT I HAVE NOW. THE MENU BOARD IS PRETTY SIMILAR TO THE OTHER RESTS IN TOWN. PLEASE SEE THE ENCLOSED PICTURES. THE NEW DRIVE THRU MENU BOARD IS ONLY ADDITIONAL 20 FT OF SIGNAGE. THE ACTUAL SIZE AND DETAILS ARE IN THE PACKAGE. I WOULD VERY MUCH APPRECIATE YOUR RESPONSE AS SOON AS POSSIBLE. IN CLOSING, I JUST WOULD LIKE TO THANK ALL THE PEOPLE WORKING FOR THE CITY FOR VISITING MY REST. THE LAST COUPLE OF YEARS. I WOULD NOT HAVE BEEN ABLE TO GROW MY BUSINESS WITHOUT THE GOOD RELEATIONS THAT I HAVE WITH THE CITY. THANK YOU AGAIN FOR YOUR CONSIDERATION AND HOPE TO HEAR FROM YOU VERY SOON. ATTACHMENT 5 Moorpark McDonald's • 501 New Los Angeles Avenue • Moorpark, CA 93021 000237 P g p {805) 532 -2043 Thousand Oaks McDonald's - 605 E. Janss Road • Thousand Oaks, CA 91360 • (805) 777 -9162 Wal-Mart McDonald's • 255 Cochran • Simi Valley, CA 93065 • (805) 583 -9762 17.40.130 2. Canopy signs are prohibited from extending beyond the canopy or parapet to which it is attached and are prohibited from being located on the incline or slope of the canopy. B. Monument Signs. 1. One (1) monument sign to include a changeable copy price sign is allowed. The size of the monument sign may be a maximum of five (5) feet in height and six (6) feet in width (thirty (30) square feet of sign area). 2. Monument signs may encroach into one -half (r /2) of the required setback area. However, the minimum sign setback area is four (4) feet or as outlined within the zoning matrix in Chapter 17.20, whichever is greater. Said sign may be illuminated, consistent with illumination policies as outlined within Section 17.40.050E. The monument sign may have individually illuminated channel letters or solid individual letters which are back -lit (halo -lit). External and indirect lighting is not allowed. Individual letters on the monument signs may be not less than twelve (12) inches in height and no more than eighteen (18) inches in height. 3. All monument signs must be surrounded by a minimum four (4) foot wide landscaped planter area; four (4) feet must be measured in all directions. The monument sign must have a solid base rather than pole supports. C. Overall Area Limit. The maximum total sign area for a service station site is one hundred (100) square feet. (Ord. 199 § 1 (8110- 10.2), 1994) 17.40.140 Special purpose signage- Drive- through restaurants. A drive -in or drive- through restaurant is allowed one (1) menu board not exceeding sixteen (16) square feet in area, which may not be counted toward the sign area or permitted number of signs otherwise allowed for the lot or premises. No riders on menu boards are allowed. (Ord. 199 § 1 (8110- 10.3), 1994) 17.40.150 Downtown sign regulations.* A. Introduction. No new, altered or changed signs shall be installed or utilized without the proper review and approval of the department of community development. A sign permit shall be required prior to the placing, erecting, moving, reconstructs ng, altering, or displaying of any sign within the downtown. Minor repair of all or part of an existing sign so as to duplicate the appearance and location of the original sign shall not require city review and approval. B. Relationship of Cirywide Sign Requirements to the Downtown Sign Requirements. All of the sign requirements as outlined within this chapter apply to the downtown area, except as outlined in this section. C. Considerations When Submitting A Request for A Sion Permit. In order to provide general guidance to those prepat ing to achieve conformance with the downtown sign requirements, the following elements must be consid- ered in all signage proposals. 1. Materials and Colors. Materials used to construct or that are to be assembled as ,ignage should be compatible with the exterior treatment of the building they identify. The text for all signs within the downtown shall be compati- ble, reflecting Moorpark's rural heritage. a. Materials. The range of signs acceptable for down- town includes not only those made from traditional materi - als, such as painted and carved wooden signs, painted wail signs or signs applied to awnings but also those made of newer, modern materials, such as plastic or plastic- lettered signs, neon signs, backlit signs and die -cut metal panels with light sources behind them. Consistent quality, rather than uniform materials or standardized placement, relates the signs to each other. b. Colors. The use of more than two (2) colors is encouraged to promote visual interest. However. the com- bined use of two (2) primary colors is not encouraged, particularly bright red and bright yellow; other fluorescent colors are not encouraged. Colors should be consistent with the early California themes, and relevant to building archi- tecture. Bright colors should be used for lettering and not major building surfaces. No more than three (3) colors. complementary to the support structure and primary build- ing, shall be used on the sign. 2. Support Structures. The types of materials used for the support structures of signs may include, but are not limited to, wood, wood - carved signs, wrought -iron with painted sign facing, and painted sheet metals, given that the entire surface is painted. 3. Sign Face. Color schemes used for signage should not only complement the building for which the sign advertises but also should relate to other structures, signage and graphics in the vicinity, in order to create a sense of continuity. 4. Sign Placement. a. A sign should be placed so that it does not clash with the building's architecture, but is prominent enough to be noticed. Signs which are well designed relate well not only to their own storefronts, but also to the other signs and storefronts along the block. Historically, downtown has been filled with a rich variety of signs. b. When deciding a sign location, the approving authority will review all downtown signs in reference to the following: i. Avoid overly large signs. ii. Do not obscure or destroy architectural details; this detailing greatly enhances the downtown character and atmosphere. 370 oOO238 ATTACHMENT 6 17.40.040 architecturally compatible to the building which the sign represents. 4. Design. Directory signs shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. 5. Illumination. Directory signs may be illuminated, consistent with illumination policies as outlined within Section 17.40.050E. External and indirect lighting is not allowed. 6. Other. Directory signs are not allowed to project into the right -of -way. 1. Riders. Riders on all signs (as defined in Section 17.40.020) are not allowed. J. Trademark Signs. Trademark signs for Nationally and Nonnationally recognized businesses are allowed as follows: 1. Trademarks. a. Design. The returns, trim cap, size and type of sign shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. b. Size, Height and Colors. i. The trademark may not exceed the allowable size of the type of sign. ii. Signs shall be consistent with the requirements of this chapter and the zone in which the sign is located, including height, size and location, except for color require- ments outlined within Section 17.40.050A. 2. Logos. a. Design. The returns, trim cap and size of the sign shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. b. Size, Height and Color. The logo may not exceed the allowable size of the type of sign. Signs shall be consis- tent with the requirement of this chapter and the zone in which the sign is located except for the color requirements, outlined within Section 17.40.050A. K. Temporary Signs. Temporary signs are allowed by permit as follows: 1. Temporary Banners —New Businesses. a. Size. The allowed banner area may not exceed twenty (20) square feet or twenty-five percent (25%) of the total window area, whichever is greater. b. Duration. Temporary banners may be erected for a maximum of sixty (60) days during the opening of the new•business. On the sixty -first day, the temporary banner shall be removed. c. Location. Temporary banners for new businesses are allowed, in commercial and industrial zones only, to announce the opening of a new business. Banners must only be attached to structures and shall not be attached to trees or between posts. Burners must be securely fash- ioned to the building. d. Permit. In no case shall a sign permit for a tempo- rary banner be issued prior to city review and approval of a sign permit request for permanent signage on the subject site. 2. Banners — Existing Businesses. a. Size. The allowed banner area may not exceed twenty (20) square feet or twenty-five percent (25`7c) of the window area, whichever is greater. b. Duration. Banners for existing businesses are allowed for three (3) week intervals, four (4) times per year. The three (3) week intervals must be interrupted by at least one four (4) week interval without a banner. c. Location. Temporary banners will be allowed for existing businesses in commercial and industrial zones only. Banners must only be attached to structures and shall not be placed on trees or between posts. Banners must be securely fastened to a building. d. Permit. Banners for existing buildings are allowed by permit, consistent with the duration standards established for banners, see subsection (K)(2)(b) of this section. 3. Removal of Temporary Banner Signs. Failure to remove the temporary sign within two (2) days after the permit has expired will be cause for enforcement action consistent with this chapter. (Ord. 199 § 1 (8110 -2), 1994) 17.40.050 General sign requirements. A. Sign Colors. I . For centers/complexes with and without an approved sign program, all permanent signs may contain no more than four (4) different sign colors within a center /complex. %Vhen reviewing a sign permit, consideration will be given to the color of adjacent signs. 2. The sign structure and any related supports shall be the same color and materials throughout a cen- ter /complex. 3. Pictorial trademarks/logo and trademark signs shall be excluded from the color limitations as outlined above. B. Placement of Signs. No sign shall be erected within, a sight triangle, or within the public right -of -way. Except as aerTnItted by Jecuon I I C. Master Sign Programs. As part of an entitlement permit, a master sign program may be required to b submitted by the applicant to the department of communit,, development for review and approval. Should a masse- sign program be determined to be required, the approve master sign program shall constitute the sign requirement for the project. The sign requirements of a master =r: program for a complex/certter will supersede the =r. requirements as outlined within this chapter. 364 000239 ATTACHMENT 7 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING MINOR MODIFICATION NO. 4 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 92 -2 (MCDONALD'S RESTAURANT) FOR INSTALLATION OF MENU BOARD SIGNAGE AT THE DRIVE - THROUGH OF MCDONALD'S RESTAURANT LOCATED AT THE NORTHEAST CORNER OF NEW LOS ANGELES AVENUE AND SPRING ROAD (APN 512 -0- 180 -080) WHEREAS, on May 19, 2000, McDonald's Restaurant applied for a Minor Modification No. 4 of Commercial Planned Development Permit No. 92 -2 to install a 55 square foot menu board /sign located at the McDonald's Restaurant drive through; and WHEREAS, the Director of Community Development referred the matter to City Council to consider on August 2, 2000; and WHEREAS, at the meeting of August 2, 2000, the City Council considered the application filed by Debbie Voss requesting approval of Minor Modification No. 4 to Commercial Planned Development Permit No. 92 -2; and WHEREAS, at the meeting of August 2, 2000, the City Council after review and consideration of the information contained in the staff report dated July 21, 2000, reached a decision on this matter; and WHEREAS, this use will not have the potential to cause a significant effect on the environment and qualifies for exemption from the provisions of the California Environmental Quality Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES RESOLVE AS FOLLOWS: SECTTON I.. Based upon the information and findings presented in this Resolution, accompanying documents and public testimony, the City Council finds that: a. Minor Modification No. 4 will not have the potential to cause a significant effect on the environment and a Class 11 exemption from the provisions of the California Environmental Quality Act for the installation of signs on existing commercial structures may be granted pursuant to Section 15061 of the CEQA guidelines. b. Minor Modification No. 4 is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code. S: \Community Development \Everyone \Resolutions and Conditions \Cpd92- 2 #4.res.doc ATTACHMENT 8 000240 Resolution No. 2000 - Page 2 C. Minor Modification No. 4 is compatible with the character of surrounding development. d. Minor Modification No. 4 would not be obnoxious or harmful, or impair the utility of neighboring property or uses. e. The Minor Modification No. 4 would not be detrimental to the public interest, health, safety, convenience, or welfare. f. The conditionally permitted Minor Modification No 4 use is compatible with existing and planned land uses in the general area where the development is to be located. g. The proposed Minor Modification No. 4 would not have a substantial adverse impact on surrounding properties. SECTTON 2. The City Council conditionally approves Minor Modification No. 4 to Commercial Planned Development Permit No. 92- 2 for the installation of additional Menu Board Signs. SF TTON . The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this day of , Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit "A" - Conditions of Approval 000241 Resolution No. 2000 - Page 3 Permitted Uses CDD -l. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise by conditions within this Resolution. Other Regulations CDD -2. The development is subject to all applicable regulations of the CPD Zone, and all requirements and enactments of Federal, State, Ventura County, the City and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. Discontinuance of Use CDD -3. Minor Modification No. 4 shall expire when the use for which it is granted is abandoned or discontinued for a period of 180 or more consecutive days. Use Inauguration CDD -4. Unless the project is inaugurated (substantial work in progress) not later than one (1) year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if the applicant can document that he has diligently worked towards inauguration of the project during the initial one year period., The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. Prohibited Uses CDD -5. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification has been approved by the City of Moorpark. Any minor changes to this permit shall EXHIBIT A 000242 Resolution No. 2000 - Page 4 require the Modification Other Regulations submittal of an application for a to this permit. CDD -6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. Severabilit CDD -7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Permittee Defense Costs CDD -8. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. Sign Permit prior to Building Permit CDD -9. Prior to approval of construction plans for plan check or initiation of any construction activity, a Sign Permit shall be obtained from the Department of Community Development. The Sign Permit shall include the location, specifications, design, color and materials of all existing and proposed signs on the site. If the applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Sign Permit with a City approved Hold Harmless Agreement. Acceptance of Conditions CDD -10. Prior to the issuance of a Sign Permit, the permittee shall sign a statement indicating awareness and 000243 Resolution No. 2000 - Page 5 understanding of all permit conditions, and shall agree to abide by the Conditions required for approval. Continued Maintenance CDD -11. The continued maintenance of the permit area and facilities, including but not limited to the condition of the menu board and preview board signs and the landscaping, shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. Graffiti Removal CDD -12. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. Case Processina Costs CDD -13. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance to allow any work or changes to this site. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover all costs incurred by the City for Condition Compliance review of the Conditional Use Permit. Zonina Enforcement Costs CDD -14. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all city costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 000244 Resolution No. 2000 - Page 6 1.12.080) . Materials and Colors CDD -15. All exterior sign materials and paint colors shall be approved by the Director of Community Development. Sign Removal CDD -16. The existing nineteen and one - quarter (19.25) square foot "Mc Donalds" sign located on the southeast face of the building shall be removed, as required by Minor Modification No. 3 to Commercial Planned Development Permit No. 92 -2, prior to issuance of a Sign Permit. Size of Menu Boards CDD -17. The maximum allowed size of the Menu Board and Preview Board shall be forty -three and one -half (43.5) square feet combined for both signs. The Menu Board and Preview Board shall be located adjacent to the drive - through. No additional permanent signs advertising products sold shall be located on the site. Replacement of Trees CDD -18. Applicant shall install either one (1) 72" box Holly Oak tree or two (2) 48" box Holly Oak trees on the site as required by Zone Clearance No. 93 -297. All tree(s) shall be installed subject to the approval of the City Landscape Architect prior to issuance of any Zoning Clearance to do any work on this site. The alternative to installation of the trees prior to granting of a Zoning Clearance for any work, is the posting of a cash deposit with the City for 2000 of the estimated cost for the purchase and installation of the referenced trees as determined by the City Landscape Architect. Additionally, prior to the approval of any Zoning Clearance for any work on this site, a signed authorization shall accompany the deposit granting the City access to the site should it be necessary for the City to install the required trees. The applicant shall also submit a Statement of Commitment and Responsibility to be approved by the City Attorney that the owner /operator of the structure and /or land currently operating as McDonald's Restaurant shall in perpetuity be responsible for the care and maintenance 000245 Resolution No. 2000 - Page 7 of the Holly Oak tree(s) to be planted and shall follow a maintenance /care schedule approved by the City Landscape Architect and shall be responsible for its replacement with a like -size tree should it die or suffer damage or removal by others not authorized by the City. 0 0Gti4t