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Home My WebLink AboutAGENDA REPORT 1988 0907 CC REG ITEM 09AJOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tern JOHN GALLOWAY Council member CLINT HARPER, Ph.D. Council member BERNARDOM. PEREZ Council member MAUREEN W. WALL City Clerk TO: FROM: DATE: SUBJECT: MOORPARK MEMORANDUM ITEM 28, STEVEN KUENY City Manager CHERYLJ. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police The Honorable City Council Patrick J. Richards, Director of C....unity Developmen~ September 1, 1988 (CC meeting of 9/7/88) APPEAL NO. AP-88-1O -LE CLUB APARTKENTS -SIGN VIOLATION Background Two signs and three model sales flags are the subject of this appeal. The signs include one off-site directional sign and one on-site sign advertising apartment units available (for rent). The property pertaining to these signs and flags is located at the southeast corner of Los Angeles Avenue and Moorpark Avenue (LeClub Apartments). No provisions exist in the municipal code (Ord. 82 and Ord. 90) for signs and flags for rental unit projects. Therefore, any tolerance of signs by the City has been as a courtesy to the LeClub apartments. Sizes of signs and flags and permitted duration of these items have now exceeded even those that are permitted for a model home tract complex in which units are for sale. Provisions do exist for signs and flags in ordinances 82 and 90 for units for that are sale only. The on-site sign measures 12'x 8 1 (96 sq.ft.) and is double-sided (total of 192 sq.ft.) 60 sq.ft. is the maximum permitted for tract sales. The off-site sign is also 12 'x 8' and has an additional 2 'x 12' sign ( total of 120 sq. ft.) 32 sq. ft. is the limit for tract sales and is also double sided. The grand total of off-site signage is 240 sq.ft. Ordinance No. 82 limits the time periods in which both on and off site signs may be posted; the period is either two years or until the last unit is first sold, whichever occurs first. The last unit rented has long since occurred. Therefore, the Director of Community Development has determined that the signs should have been removed following the rental of the last unit. 882508/CHRONI PJR:MAR:JS:crl 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 September 1, 1988 Page 2 Pursuant to Ordinance No. 90 the flags were permitted for tract sales to remain for one year or until the last unit is first sold; both of these two events have now occurred. The flags can be maintained for up to one additional year if a renewal had been requested and granted. A renewal was not requested. (Again this applies only to units for sale). This item was previously scheduled for the Commission's meeting of July 5, 1988 and at the request of the applicant the item was continued to the Commission meeting of July 18, 1988. At the time of continuance staff identified new information received just prior to the meeting date relating to an off-site LeClub sign. On the afternoon of July 5, 1988 it was brought to our attention that a second off-site billboard advertising LeClub apartments was seen. This sign is located on Tierra Rejada Road just east of the 23 freeway in the unincorporated area. The sign is 8 1 x 4 1 and is similar in appearance to the LeClub billboard on Los Angeles Avenue and Spring Road. This i tern did appear before the Planning Commission on July 18, 1988. Attorney Larry H. Miller representing the LeClub Apartment Property Management in support referenced California Civil Code Section 713 which relates to "Conditions of Ownership" -Local regulations; signs advertising property for sale lease or exchange; as is defined as follows: "Notwithstanding any provision of any ordinance, an owner of real property or his agent may display or have displayed on the owner I s property a sign of reasonable dimensions, as determined by the city or county, advertising: (a) That the property is for sale, lease, or exchange by the owner or his agent; (b) The owner's or agent's name; and (c) The owner's or agent's address and telephone number.11 The City Attorney's office has informed staff that this section is applicable and that some reasonable allowance of sign space for this purpose cited in Civil Code Section 713 must be made with regard to the on-site sign. With respect to the off-site sign, if it is intended to serve the same purpose as a subdivision directional sign, it must be afforded the same opportunity as such. It would be allowed for two (2) years or until the last unit is first rented. No permission currently exists to allow the flags to remain. 882508/CHRONI PJR:MAR:JS:crl September 1, 1988 Page 3 The Commission's discussion concerned residentially zoned property in relation to residential uses and determined that the off-site signage was not permitted. With a 5:0 vote the Commission moved to uphold the Director's decision that the permitted time periods for the on and off-site signs and flags have been exceeded and directed the property owner to remove such signs permanently. Recommendation 1. Uphold the Planning Commission's decision based on residentially zoned property in relation to residential uses; 2. Require removal of the existing on-site sign and or modification to conform to Section 713 of the California Civil Code, but not to include off-site signage. Size and location to be determined and approved by the Director of Community Development; or 3. Require removal of the off-site sign and flags since it is past the time the last unit was first rented and since the sign exceeds the 32 sq. ft. size limit for a subdivision off-site direction sign. Attachments: 1. 2. 882508/CHRONI PJR:MAR:JS:crl California Civil Code Section 713 Planning Commission Staff Report dated July 15, 1988. Div. 2 ,f a loan pursuant t schedule for the he interest to the to such lower rate that provided any assumption b~ing oduced by increas- s subdivision shall ;it in the specified fund exists, or the neral fund of such LSSistance as speci- 1easures to assure 979.) Corporations § 183."i et •. ~ .. -'.(-,: ·f~ ecting a grant of a :rument upon, real Ji, \ which purports tf1 agent to display or;:: ble dimensions ad~.-·· ~asonable restrain{;. ,$:;~'t: -~~~r.-;j ivell as prospective:.=~¥, operate retrospec{, . ·•.>; .)f by Stats.1975, c. 147;. 4.$:.{ft l general effect of ,v. of 1965 Code of Bar, 1965) pag Part 1 CONDITIONS OF OWNERSHIP § 714 § 713. Local regulations; signs advertising property for sale, lease or exchange Notwithstanding any provision of any ordinance, an owner of real property or his agent may display or have display€9-on the owner's property a sign of reasonable dimensions, as determined by the city or county, advertising: (a) That the property is for sale, lease, or exchange by the own- er or his agent; (b) The owner's or agent's name; and (c) The owner's or agent's address and telephone number. , Added by Stats.1975, c. 147, p. 281, § 2.) Library References ~I u11i<-i11al Corporations e::,,002. C .. I.~. l\lunicipal Corporations~ 2'.!1. § 714. Solar energy system; prohibition or restriction of installa- tion or use; invalidity and unenforceability of instni- ments affecting real property; exceptions Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property which effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable. This section shall not apply to provisions which impose reason- able restrictions on solar energy systems. However, it is the policy or the state to promote and encourage the use of solar energy sys- tems and to remove obstacles thereto. Accordingly, reasonable re- strictions on a solar energy system are those restrictions which do not significantly increase the cost of the system or significantly de- crease its efficiency, or which allow for an alternative system of com- parable cost and efficiency . For the purposes of this section, "solar energy system" shall be defined as set forth in Section 801.5. ( Added by Stats.1978, c. 1154, p. 3542, § 3.) Historical Note -~I Ion" 1, 2 of Stats.1978, c. 1154, p. ,..,.. l>rovi<le: ··~-1. This act shall be known and "'1 •, 1.., cited as the California Solar ll1t,1,. Act of 1978. ··~·· ~J •• -· The Legislature hereby finds •-dttlarea that• "(a) Solar ene~gy is a renewable, non- S,C,llutln1 energy source. ·•(b) •rhe m1e of solar energy system11 will reduce the 11tate's de11endence on non- renewahle fossil fuels, supplement existing energy sources, and decrease the air and water pollution which results from the use of conventional energy sources. It is, therefore, the policy of the state to en- courage the use of solar energy systems. In order to insure uniform application of 129 JOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tern JOHN GALLOWAY Council member CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Council member MAUREEN W. WALL City Clerk TO: FROM: DATE: SUBJECT: PJR:MAR:crl 799 Moorpark Avenue 88157A/CHRONI MOORPARK STEVEN KUENY City Manager CHERYLJ. KANE City Attorney PATRICK RICHARDS, A.1.C.P. KE KO RAND UK Director of Community Development A. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer The Planning Conmission ~ Patrick J. Richards, Director of Community Development f July 15, 1988 (PC meeting of 7/18/88) APPEAL NO. AP-88-7 LE CLUB APARTMENTS -SIGN VIOLATION This item was previously scheduled for the Commission's meeting of July 5, 1988. At the time of continuance staff identified new information received just prior to the meeting date relating to an off-site LeClub sign. On the afternoon of July 5, 1988 it was brought to our attention that a third off-site billboard advertising LeClub apartments was seen. This sign is located on Tierra Rejada Road just east of the 23 freeway in the unincorporated area. The sign is 8' x 4 1 and is similar in appearance to the·LeClub billboard on Los Angeles Avenue and Spring Road. This sign has been reported to the County Planning Department and have no information as to how the County will handle this matter, or if the sign is in violation of their codes. Moorpark, California 93021 (805) 529-6864 MOORPARK JOHN PATRICK LANE Mayor STEVEN KUENY City Manager ELOISE BROWN Mayor Pro Tern JOHN GALLOWAY Councilmember CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. CLINT HARPER, Ph.D. Director of Community Development Councilmember BERNARDOM. PEREZ Councilmember R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police MAUREEN W. WALL City Clerk TO: FROK: DATE: SUBJECT: PJR:JS:crl THOMAS P. GENOVESE MEMORANDUM • City Treasurer The Planning C0111Dission ~ Patrick J. Richards, Director of Conmnmity Developmen~ June 30, 1988 (PC meeting of 7/5/88) APPEAL NO. AP-88-7 -LE CLUB APARTMENTS Background Two signs and three model sales flags are the subject of this appeal. The signs include one off-site directional sign and one on-site sign advertising apartment units available (for rent). The property pertaining to these signs and flags is located at the southeast corner of Los Angeles Avenue and Moorpark Avenue (LeClub Apartments). No provisions exist in the municipal code (Ord. 82 and Ord. 90) for signs and flags for rental unit projects. Therefore, any tolerance of signs by the City has been as a courtesy to the LeClub apartments. Sizes of signs and flags and permitted duration of these items have now exceeded even those that are permitted for a model tract complex in which units are for sale. Provisions do exist for signs and flags in ordinances 82 and 90 for units for saleonly. The on-site sign measures l2'xi8' (96 sq. ft.) and is double-sided (total of 192 sq.ft.) 60 sq.ft. is the maximum permitted . The off-site sign is also l2'x8' and has an additional 2'x12' sign (total of 120 sq. ft.) 32 sq. ft. is the limit. and is also double sided that provides a grand total of 240 sq. ft. of off-site signage. Ordinance No. 82 limits the time periods in which both on and off site signs may be posted; the period is either two years or until the last unit is first sold, whichever occurs first. The last unit rented has long since occurred. Therefore, the Director of Community Development has determined that the signs should have been removed following the rental of the last unit. Pursuant to Ordinance No. 90 the flags were permitted to remain for one year or until the last unit is first sold; both of these two events have now occurred. The flags could have been 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 8929D/CH!:W!H PJR:JS:crl 8829D/CHRONI June 30, 1988 7 Page 2 maintained for up to one additional year if a renewal had been requested and granted. A renewal was not requested. (Again this applies only to units for sale.) The applicant maintains that now the signs should be allowed to remain. They now serve the purpose of a business sign because an on-going business exists of maintaining an apartment complex and the need to attract customers to promote the business. The municipal code does not permit business signs in residential zones. The following is a chronology of events leading to this appeal: February 9, 1988 -Telephone contact was made with Louri Wright, property manager for the LeClub apartments. Code enforcement discussed the time permits for model pole flags and construction signs with Mr. Wright and asked that the sign be removed within two weeks. March 17, 1988 - A notice of violation was issued to the LeClub apartment property manager for maintaining pole flags and was requested to remove flags by March 20, 1988. March 22, 1988 -Property inspection showed signs had not been removed. LeClub apartments was contacted by phone and asked to remove signs. April 7, 1988 -Notice of violation was issued to LeClub apartments new property manager Jack Shelling for maintaining billboards and pennants. He was asked to remove signs by April 10, 1988. April 14, 1988 -Property inspection revealed the signs and pennants at LeClub had not been removed, Mr. Shelling was contacted by phone and asked to remove signs. April 18, 1988 -Second notice of violation was issued to LeClub property manager Jack Shelling for illegal signs, and pennants. It was asked that all signs and pennants be r-en1oved no iate,-LI:d:': -~~ri: 20, 1988 April 21, 1988 -Larry Miller attorney for LeClub apartments wrote to the City of Moorpark requesting extension of time to remove the signs in violation. May 26, 1988 -Code enforcement contacted Larry Miller attorney for the LeClub apartments and asked that the billboard signs on and off site as well as pennants be removed by May 30, 1988. Mr. Miller agreed. June 1, 1988 -Attorney for the LeClub apartments met with Patrick J. Richards, Director of Community Development in regards to billboard signs. Mr. Miller explained the rental of the LeClub apartments was a business and asked if the billboard signs could remain under Section 9.50.040(a) of the PJRrJS:crl 8829D/CHRONI June 30, 1988 Page 3 Moorpark Municipal Code (a Business Class Sign). The Director explained that this particular section of the code did not apply to a residential zone, but to a commercial zone only. Mr. Miller asked how he could have the code revised to allow for the billboard advertising signs relating to LeClub. The Director explained that LeClub could appeal his decision to the Planning Commission and then the City Council. Discussion The appellant claims "it is impossible to distinguish LeClub apartments from the many townhouses and single family planned developments which are not available for rent. Yet the appellant has a colorful sign which is built into the perimeter of the wall which reads "LeClub Moorpark Apartments." This sign can clearly be seen by traffic passing in both directions on Los Angeles and Moorpark Avenues. the LeClub apartments maintains directional signs which advertise leasing of the apartments (see Exhibit 1-5). The appellants records show that approximately one half of those who come to view the units do so as a result of seeing signs indicating the availability of the apartments. LeClub's colorful perimeter sign and leasing signs are located on the corner of Los Angeles and Moorpark Avenues. This is near a signal and it may very well be that one-half of the interested parties views and response to the approved identification sign. They are not yet aware of ground sign further east. The appellant draws attention to the on-premises sign which they say was erected in early 1987. The appellant states "the signs are not billboards as they advertise apartment availability on site. The municipal code does not address whether a billboard advertises on site or not. The municipal code just states all billboat·d signs are prohibited. Besides the on site billboard the appellant is willing to discuss, there is also an off site billboard advertising LeClub which is located on Spring Road, Sec. 9.50.030(b) MMC, prohibits any off site advertising (see Exhibits 1 & 2). The City of Moorpark is a fast developing community and will someday have many apartment complexes, all of which will be located in residential zones. The City of Moorpark has designed a sign ordinance which provides enterprise a means to identify name, location and property for sale or lease, while at the same time protecting the general public from the proliferation of signs that can cause a deterioration of the character, environment and economic well being of the community. Available Options 1. The Planning Commission can permit LeClub apartments to keep existing construction signs; PJR:JS:crl 8829D/CHRONI June 30, 1988 Page 4 2. The Planning Commission can request the City Council to approve revisions of the sign ordinance; or 3. The Planning Commission can uphold the Director's decision and request that the applicant remove all construction signs. Recommended Action Uphold the Director of Community Development decision that the permitted time periods for the on and off site signs and flags have been exceeded and direct the property owner to remove· such signs permanently. Exhibits: 1 & 2 Photographs of signs 3 -Ordinance Nos. 82 & 90 q Monuments· at Los A ign (on-site) ngeles A Moorpark A venue and· venue. Same as ab . ove pictured travelin south on M g A oorpark venue. Flags t a entry driveway to rental off· ice. :JO l - Spring Road & Flinn Avenue (off-site) Eastbound on Los Angeles Avenue (on-site) -~_·.>;·a;:~-~-:--~- . . . .. .. ~ .. • . . . , . ~ ... • 4 --. CLUB Al'~ !SJ3,01ll BACK TO JI