HomeMy WebLinkAboutAGENDA REPORT 1988 0713 CC ADJ ITEM 09C MOORPARK
JOHN PATRICK LANE STEVEN KUENY
Mayor City Manager
ELOISE BROWN F /��`v CHERYL J. KANE
Mayor Pro Tern City Attorney
JOHN GALLOWAY g PATRICK RICHARDS, A.I.C.P.
Councilmember -G I�. %i s Director of
CLINT HARPER, Ph.D. oS�V�� Community Development
Councilmember so% R. DENNIS DELZEIT
City Engineer
BERNARDO Ma berPE JOHN V. GILLESPIE
Councilmember
MAUR W. WALL Chief of Police
City Clerk THOMAS P.
NEHORANDUM • Cityty Treasurer
TO: The Honorable City Council i j2
FROM: Patrick J. Richards, Director of Cormmmity Development I
DATE: July 13, 1988
SUBJECT: POLITICAL SIGNS
Per Councilmember. Galloway's request please find attached
PC-88-175 resolution and background material (City Attorney's •
comments to Political Signs) which the Planning Commission reviewed
and determined their recommendations.
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PJR:crl
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
88137C/CHRONI
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RESOLUTION NO. PC-88-175
A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY
OF MOORPARK RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO
THE MOORPARK MUNICIPAL CODE RELATING TO CHAPTER 50 OF TITLE 9
PERTAINING TO THE SIGN CODE.
WHEREAS, the Planning Commission of the City of Moorpark
directed staff to prepare an amendment to the Zoning Ordinance
clarifying the Zoning Ordinance with regard to Political (campaign)
Signs; and
WHEREAS, studies and investigations were made, and staff
reports and recommendations were submitted; and
WHEREAS, pursuant to the requirements of the provisions, of
the California Environmental Quality Act {Division 13 of the Public
Resources Code of the State (beginning at Section 21000)1 , the proposed
amendment to the Municipal Code is categorically exempt under Section
15308 (actions by regulatory agencies for protection of the
environment) of the State EIR guidelines and requires no further
environmental review.
WHEREAS, the Planning Commission has found and determined
that the proposed amendment is consistent with the General Plan; and
WHEREAS, this Commission, upon giving the notice required by
the provisions of Article 2 of Chapter 4 of Title 7 of the Government
Code (beginning at Section 65855), did, on the 20th day of June 1988
conduct a public hearing as prescribed by law in order to consider said
amendment to the City's Municipal Code. .
NOW, THEREFORE, THE MOORPARK PLANNING COMMISSION OF THE CITY
OF MOORPARK RESOLVES AS FOLLOWS:
SECTION 1. This Commission hereby recommends to the City
Council that the proposed Sign Code amendments attached to this
resolution as Exhibit A, incorporated herein by reference as though
fully set forth at this point and as amended orally at the public
meeting, be adopted.
SECTION 2. A finding is hereby made that this amendment to
the Moorpark Municipal Code is categorically exempt under Section 15308
(actions by regulatory agencies for protection of the environment) of
the State EIR guidelines and requires no further environmental review.
SECTION 3. The Recording Secretary is instructed to forward
a copy of this resolution to the City Council for its attention in the
manner prescribed by law.
-1- PC88175
SECTION 4. Said resolution to he presented at the
Commission's next regularly scheduled meeting. The action with the
foregoing direction was approved by the following roll call vote:
AYES:
NOES:
ABSENT:
PASSED, APPROVED AND ADOPTED this 5th day of July 1988.
CHA IRNAi� PRESIDING:
ATTES/T: ac `✓
a.
Celia LaFleur, Secretary
APPROVED AS TO CONTENT:
atrick Richards, Director of
Communit Development
-2- PC88175
EXHIBIT "A"
CREATE NEW SECTION: 9.50.091 - POLITICAL SIGNS- The purpose of this
section is to prevent damage to public property, protect the integrity
of the electoral process and prevent the erosion of aesthetic quality
and historic values within the City. It is specifically recognized
that if temporary political signs on private property are not removed
after the election is held, the deteriorating signs and accumulating
debris become a blight, defacing the landscape. It is therefore an
intent of this Article to make provision for the erection and removal
of such signs after the election which they publicized has been held.
Sec. 9.50.091.1 - Political Signs on Private Property- No
temporary political sign shall exceed thirty-two (32) square feet
in area. The aggregate area of all temporary signs placed or
maintained on any lot in one ownership shall not exceed eighty
square feet.
Sec. 9.50.091.2 - Political Sign Registration - In order to keep
track of the placement of temporary political signs to assure
removal subsequent to an election, such signs shall be registered
with the Community Development Department by the candidate or his
or her registered agent, or, when a ballot proposition is
involved, by an authorized agent of the group or organization
sponsoring the signs, prior to the distribution of such signs for
the attachment or installation on any property. Registration of
political signs shall be on forms available in the Community
Development Department and shall be accompanied by an agreement
signed by the candidate or his or her authorized agent, or when a
ballot proposition is involved, by an authorized agent of the
group or organization sponsoring the signs, that within ten
calendar days after the election all political signs shall be
removed, and a certified statement by the registrant that consent
will be obtained from each owner of the property on which a sign
is to be posted.
Sec. 9.50.091.3 - Location - Political signs may not be affixed,
installed, or erected within 100 feet of a polling place or
historic site, nor within 660 feet of the edge of a "Scenic
Highway" or a freeway, nor in any location where the sign will
impair sight "- nc_ or reate a hazard to traffic or
pedestrians, nor onany telephone poleA lamppost, tree, wall,
fence, bridge, bench, hydrant, curbstone, sidewalk or other
structure in or upon any public right-of-way, nor upon any other
public property.
Sec. 9.50.091.4 - Enforcement - Except for signs remaining posted
after the post-election deadline, any political sign not posted in
accordance with the provisions of this Article shall be deemed to-
be a public nuisance and shall be subject to removal by the
candidate, property owner, or, when a ballot proposition is
involved, the authorized agent of the group or organization
sponsoring the sign or, upon their failure to do so after
-reasonable attempt at notice by the City, by City officers or
zoning inspectors. Any political sign which is not removed within
the ten days following an election shall be subject to summary
removal and confiscation by the City.
LAW OFFICES
BURIIE, WILLIAMS & SORENSEN
ONE WILSHIRE BUILDING
950 COUNTY DRIVE 624 SOUTH GRANO AVENUE. 116 FLOOR 3200 papa CENTER DRIVE
VENTURA.SUITE 207
93003 LOS ANGELES. CALIFORNIA 90017 COSTA A 92626
IBO51 644-7460 12131 623-1900 17141 545-5559
June 16, 1988
Mr . Patrick Richards
Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, California 90321
Re: Political Signs
Dear Pat:
You have requested our comments regarding the
City 's proposed adoption of the former Ventura County
political sign ordinance. Having reviewed both the old
ordinance and the current political sign regulations in
Ventura County, we conclude that the current ordinance
comports more nearly with constitutional requirements and
therefore serves as a preferable model for Moorpark ' s
proposed political sign ordinance. In fact, when the County
adopted its present political sign ordinance, it rectified .
certain unconstitutional provisions of the former
ordinance. Moorpark may therefore adopt the County' s
current ordinance, but should delete the 42-day pre-election
limitation on posting of political signs.
In recent years, a body of case law has developed
which demarcates the permissible parameters of political
sign regulation. One court has held that a city may limit
the size of temporary political campaign signs to a maximum
area of 16 square feet and the aggregate area of signs on a
single parcel to 80 square feet. (Baldwin v. Redwood City,
540 F. 2d 1360, 1368-69 (9th Cir. 1976) . ) The current County
political sign ordinance imposes precisely these
limitations. However, a city is not constitutionally
permitted to limit the number of signs which may be posted
on a parcel, provided that the aggregate square footage of
the signs does not exceed the City 's cap. (Id. at 1369-
71) . The old County sign ordinance allowed only one
attached sign and one free-standing sign per residential
mtF;z;a.,_.- -
JUN2t) 1986
Mr . Patrick Richards
June 16, 1988
Page 2
lot. Because this provision violated the First Amendment,
the County deleted it in the new ordinance.
Courts have also invalidated code provisions
requiring payment of a refundable deposit before displaying
temporary political signs. Such deposits were designed to
ensure removal of the signs. (Id. at 1372; see also
Verrilli v. Concord, 548 F. 2d 262, 264 (9th Cir. 1977)
($100. 00 bond invalid) . ) The former Ventura County
ordinance required a $100 . 00 deposit; the current County
ordinance has deleted such a requirement. Therefore, the
current ordinance has again rectified an unconstitutional
provision of the old ordinance.
One provision of the present County ordinance which
continues to violate the First Amendment is the pre-election
time limit prohibiting posting of political signs on private
property more than 42 days before an election. Federal
district courts in California and New York have unequivocal-
ly held that no time limit in the display of pre-election
political signs is constitutionally permissible under the
First Amendment. (Antioch v. Candidates ' Outdoor Graphic
Serv. , 557 F.Supp. 52 (N.D. Cal. 1962) ; Orazio v. North
Hempstead, 426 F.Supp. 1144, 1149 (E.D.N.Y. 1977) . ) In
Antioch, a city ordinance limiting political postering to 60
days before an election was characterized by the court as a
"year-round ban" on political postering with a temporary
suspension before an election. (Id. at 59) . ) Consequently,
the 42 day limitation imposed by the current Ventura County
ordinance would undoubtedly fail if challenged. All other
provisions of the present County ordinance appear to comport
with constitutional mandates and may be adopted by the City
of Moorpark.
We hope this discussion will assist you in adopting
a political sign ordinance. If you have any comments or
questions, please do not hesitate to call. ,,--,, nn /�1
\ y• rw�
.e•
C J. KAN
CI " TORNEY, MOORPARK; and
BURKE, WILLIAMS & SORENSEN
CJK/LTR9480
c. Lighting - Illumination of pedestrian sign display structures such a::
kiosks may be by indirect or diffused light only.
Sec. 8110-6.5 - Illuminated Signs - Signs in open space, agricultural and
residential zones may have indirect or diffused illumination. Illuminated
signs in nonresidential zones shall not exceed the brightness of a diffused
light panel having cool white fluorescent 800 milliampere lights spaced at
least ten inches on center. Sign illumination shall not result in glare being
directed toward surrounding properties.
Sec. 8110-6.6 - Back-Mounted Freestanding Signs - Any sign erected on the back
of an existing freestanding sign must have the same exterior dimensions as the
existing sign.
Sec. 8110-6.7 - Freestanding Off-Site Advertising Signs - Such signs are
subject to the following regulations:
Sec. 8110-6.7.1 - Freestanding off-site advertising signs are prohibited
within Scenic Corridors or if visible from a Scenic Highway. No such sign
shall be established so as to obstruct the view toward any area-of scenic
or historic significance designated by the Planning Commission. The view
of the ocean from a freeway has scenic significance.
Sec. 8110-6.7.2 - Any such sign in an industrial zone requires a minimum
lot area of ten acres.
Sec. 8110-6.7.3 - Any such sign shall be located at least 500 feet from any
other freestanding off-site sign, at least 500 feet from a freeway
interchange and at least 50 feet from the exterior boundaries of a service
station site.
Sec. 8110-6.7.4 - The back of such sign, if not used for advertising copy,
shall be screened if visible from any public right-of-way.
Sec. 8110-6.8 - Political Signs - The purpose of this section is to prevent
damage to public property, protect the integrit}t of the electoral process and
prevent the erosion of aesthetic quality and historic values within the
County. It is specifically recognized that if temporary political signs on
private property are not removed after the election is held, the deteriorating
signs and accumulating debris become a blight, defacing the landscape. It is
the -_ lament „c 'his _ _ __ __ ______ _ _ __ _ _
removal ofsuchsigns after the election which they publicized has been held.
Sec. 8110-6.8.1 - Political Signs on Private Property - No temporary
political sign shall exceed sixteen square feet in area. The aggregate
area of all temporary signs placed or maintained on any lot in one
ownership shall not exceed eighty square feet.
Sec. 8110-6.8.2Political Sign Registration - In order to keep track of
the placement of temporary political signs to assure removal subsequent to
an election, such signs shall be registered with the Planning Department by
the candidate or his or her registered agent, or, when a ballot proposition
is involved, by an authorized agent of the group or organization sponsoring
the signs, prior to the distribution of such signs for the attachment or
installation on any property. Registration of political signs shall be on
8-1 86 OC-1
forms available in the Planning Department and shall he accompanied by an
agreement signed by the candidate or his or her authorized agent, or when a
ballot proposition is involved, by an authorized agent of the group or
organization sponsoring the signs, that within ten calendar days after the
election all political signs shall be removed, and a certified statement by
the registrant that consent will be obtained from each owner of the
property on which a sign is to A�be posted.
Sec. 8 6.8.3 - Limit for�P_plitical Sign - Politic signs may not
' be installe on privat roperty a sooner tha 42 days icr to an
�, election day an ust be reme�ed within n days fol 'ng the ction.
R Sec. 8110-6.8.4 - Location - Political signs may not be affixed, installed,
d.1 or erected within 100 feet of a polling place or historic site, nor within
, 660 feet of the edge of a "Scenic Highway" or a freeway, nor in any
location where the sign will impair sight distance or create a hazard to
traffic or pedestrians, nor on any telephone pole, lamppost, tree, wall,
fence, bridge, bench, hydrant, curbstone, sidewalk or other structure in or
upon any public right-of-way, nor upon any other public property.
Sec. 8110-6.8.5 - Enforcement - Except for signs remaining posted after the
post-election deadline, any political sign not posted in accordance with
the provisions of this Article shall be deemed to be a public nuisance and
shall be subject to removal by the candidate, property owner, or, when a
ballot proposition is involved, the authorized agent of the group or
organization sponsoring the sign or, upon their failure to do so after
reasonable attempt at notice by the County, by County officers or zoning
inspectors. Any political sign which is not removed within the ten days
following an election shall be subject to summary removal and confiscation
by the County.
Sec. 8110-6.9 - Service Station Signs - On-site service station signs are
permitted in accordance with the following regulations:
Sec. 8110-6.9.1 - Attached Signs - are permitted as follows:
a. Maximum permitted area in square feet is three times the square root
of the area of the wall or canopy face in square feet or A=3( W).
Maximum 200 square feet for all attached signs, except that when wall
area exceeds 5,000 square feet, the sign area may be increased by ten
5,000, to a maximum of 300 square feet.
b. Maximum height - 16 feet, provided that the sign does not extend
above the eaves of a gable roof nor more than two feet above the face
of the canopy or parapet wall to which it is attached.
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c. Brand name insignia, emblems or medallions may be attached to the_
building frontage of the service station. Symbol background area may
be 14 square feet maximum per symbol, maximum ten feet horizontally
and maximum eight feet vertically.
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8-1 87 0C-1
MOORPARK
JOHN PATRICK LANE STEVEN KUENY
Mayor City Manager
ELOISE BROWN CHERYL J. KANE
Mayor Pro Tern s`to an City Attorney
JOHN GALLOWAY ea. PATRICK RICHARDS, A.I.C.P.
Councilmember ylet>. �v_ Director of
CLINT HARPER, Ph.D. o. 7, Community Development
Councilmember '� R. DENNIS DELZEIT
BERNARDO M. PEREZ OORPARK, CALIFORNIA City Engineer
Councilmember Planning Commission Meeting JOHN V. GILLESPIEPolice
MAUREEN W. WALL �' ( Chief of Police
City Clerk Of S IA .' u' /o 198 /1 THOMAS P. GENOVESE
U City Treasurer
A/CTKJN: .�Pt�cd+�.- 7, ee-
By etilt.AX641A2
MEMORANDUM
TO: The Planning Commission
FROM: Patrick J. Richards, Director of Community Development
DATE: May 31, 1988 (PC meeting of 6/6/88)
SUBJECT: POLITICAL SIGNS - REVIEW OF PRIOR ORDINANCE
Background
On November 3, 1986 Ordinance No. 82 was adopted. This deleted
the section in the County Code dealing with signs and established
new criteria for signs in the City. This ordinance was further
amended by the adoption of Ordinance No.90 on May 20, 1987. In
the original sign section of the County Code; a section existed
which addressed political signs. Unfortunately, neither of the
above two ordinances addresses political signs. The entire subject
was inadvertently omitted in the rewrite of the original County
sign ordinance. Therefore, at present there are no controls on
political signs.
Attached for your review is a copy of the previous political sign
requirements as excerpted from various locations in the County sign
ordinance. Please review this material. Following the
Commission's review, staff will present your comments to the
Council for adoption as an ordinance.
Recommended Action
Review and direct staff as deemed appropriate.
Exhibit: 1 . Former political sign sections from County Code.
PJR:MAR:crl
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
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POLITICAL SIGN REQUIREMENTS
(Relevant Sign Ordinance Sections as they Pertain to Political Signs)
ARTICLE 24
SIGNS - STANDARDS AND PERMITS
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Section 8142-0 - PURPOSE - The purpose of this ordinance is to
provide for the identification of properties, localities, and enter-
prises, the guidance of people seeking specific developments or enter-
prises, and the advertising to the general public of the availability
of merchandise, services, and .real properties, by means of signs. By
means of control and regulation through permits and standards, the
character and economic value of neighborhoods and scenic areas will
be conserved and enhanced. The publicity requirements of areas of •
trade and industry will be promoted on a basis equating to extent of
development. By interesting design and landscaping, the detrimental
effects upon the desirable character of the community, neighboring
property, passing traffic, and scenic beauty shall be reduced to a
minimum.
Section 8142-5.9 - Political Signs - Political signs are deemed to
be those temporary signs erected prior to an election. Excepted
is leased space on the face of permanent, legal, off-site advertising •
signs (billboards) on commercial or industrially zoned property.
It is recognized that if these temporary political signs are not
removed after the election is held, the deteriorating signs become
a blight, defacing the landscape. It is therefore the intent of this
article to make provisions for the erection 'and removal of such signs
after the election which they publicized has been held.
Section 8142-5.9.1 - Small Political Signs - Small political signs
having a panel face area of 32 square feet (4 ' x 8 ' 1 or less and' exceed-
ing six square feet (2' -x 3") shall be permitted providing sign permits,
zoning clearances, and- building permits are obtained from the Planning
Department and the Department of Building and Safety prior to erection
of such signs.
Section 8142-5.9.2 - Political Placards - Political placards less
than six square feet (2' x 3 ' ) in area shall be permitted provided
a placard permit is obtained from the planning Department prior to
the attachment or installation of any such placards on any property.
Section 8142-5.9.3 - Application for Permit - Applications for sign
or placard permits shall be on forms available in the Planning Department
and shall be accompanied by an agreement signed by the candidate or his
authorized agent that within seven (7) calendar days after the election
all political signs and/or placards shall be removed. Each candidate
or proponents for or against an issue shall deposit with the Planning
Department cash in the amount of one hundred dollars ($100. 00) for
political signs or placards to guarantee removal therof.
POLITICAL SIGN REQUIREMENTS
page 2
Upon verification that the permitted signs or placards have been
removed, the deposit will be promptly refunded.
Application for political signs shall also be accompanied by copies
of agreements by property owners, which authorize erection of a
political sign and authorize removal by the City if in violation_
Section 8142-5. 9. 4 - Sign Permit Seals and Placard Dates - A
sign permit seal shall be issued for each sign approved, and the
applicant is required to attach the seal to the lower right hand
corner of the sign face. Placards shall have stamped or printed
in the lower right hand corner the date of the seventh day after
the election.
Section 8142-5.9. 5 - Time Limit for Political Signs and Placards
Political signs or political placards are allowed to be installed
prior to the election date as follows:
Political Signs 45 days.
Political Placards 30 days.
• Section 8142-5. 9. 6 - Prohibitions - Political signs or placards
may not be erected nor installed within 100 feet of a polling
place, and historical site, nor a public building, nor within •
a public right of way, nor within 660 feet of the edge of a "Scenic
Highway" or a freeway, nor in any location where the sign will
impair sight distance and create a hazard "to traffic or pedestrians.
Section 8142-5.9. 7 - Enforcement - Any political sign or placard
which is not removed within the seven (7) days following an election
shall be removed and confiscated by county forces or zoning inspectors
and may be cause for reduction of refund by the amount needed to cover
• •�� cnst- of removal_
1
Section 8142-2. 2 - Temporary Sign - Temporary sign shall mean
and include any sign constructed of paper, cloth, canvas, light
fabric, cardboard, wallboard or other light material, with or
without frames; political signs pertaining to individuals, groups
or issues; and all others for which a building permit is not required
and which are intended to be displayed for a short period of time
only, in no event to exceed sixty (60) days.
Section 8142-7. 1.2. 8 - Temporary Sign Applications - Temporary
sign permit applications and Assessor's Maps shall be submitted
in duplicate. Sign locations shall be shown on the Assessor's
Map submitted.
Section 8142-7. 1. 2. 9 - Waiving Fee for Temporary Sign - The
Planning Director may waive the fee when issuing a Zoning Clearance
for temporary signs which shall be installed for sixty (60) days
or Less .
POLITICAL SIGN REQUIREMENTS
page 3
Section 8142-8. 1 - Prohibited Signs.
8142-8. 1.1 - Sandwich-board, "A" frame and portable free-standing
signs shall be prohibited;
8142-8.1. 2 - Bench signs shall be prohibited in all zones
except at bus stops shown on a valid bus schedule;
8142-8. 1. 3 - A sign except for clocks or time and temperature
signs shall not flash, move, or rotate or contain any
part which flashes, scintillates, moves or rotates;
8142-8. 1. 4 - Banners, pennants, flags, captive balloons,
or signs which change color or appear to change color
or where the intensity of lighting changes or appears
to change are not permitted. The Planning Director may
authorize any or all of these for a period of 30 days
or less for the purpose of a grand opening or other special
event;
8142-8. 1.5 - Portable or trailer-mounted off-site advertising
or tract signs shall be prohibited. The Planning Director
may authorize such signs for a period of 7 days or less
for a grand opening or other special event;
8142-8.1. 6 - Sound. No sign shall emit sound;
8142-8. 1. 7 - Fire escapes, etc. No •s gn shall he erected
in such a manner that any portion of the sign or -its support
is attached to or will interfere with the free use of
any fire escape, exit or standpipe, nor obstruct any required
stairway, door, ventilator or window;
-" ..u}acrung Slyns snail not bT permitted unless
suspended from a canopy or attached to a service station
canopy roof.
8142-8. 1.9 - Related to Public Ways.
8142-8.1.9.1 - No sign shall be erected or attached to
any tree or utility pole within any public right of way;
neither shall any sign be erected within the width of the
required right of way for any'-mapped road as shown on the
Circulation Element of the Ventura County General Plan.
The Planning Director is authorized to direct removal of
any such sign in violation;
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POLITICAL SIGN REQUIREMENTS
page 4
Section 8142-4 . 1. 5 - Number - In residential zones where permitted,
there shall be no more than one (1) attached sign and one (1) free-
standing sign for each parcel of lot frontage.
Section 8142-4. 2. 3.2 - Setback Required - The sign structure shall
be placed no closer to the right of way than an existing conforming
building within 500 feet on the same side of the right of way. Other-
wise, the required structural setback shall be used.
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