Loading...
HomeMy WebLinkAboutAGENDA REPORT 1988 0406 CC REG ITEM 11A 7i2, .r(a) MOORPARK ITEM /A �. JOHN PATRICK LANE STEVEN KUENY Mayor 5 City Manager ELOISE BROWN '' CHERYL J. KANE Mayor Pro Tern / City Attorney �_•a JOHN GALLOWAY i PATRICK RICHARDS, A.I.C.P. Councilmember �- Director of CLINT HARPER, Ph.D. Community Development Councilmember ° R. DENNIS DELZEIT BERNARDO M. PEREZ \ aoct City Engineer Councilmember JOHN V. GILLESPIE MAUREEN W. WALL Chief of Police City Clerk THOMAS P. GENOVESE City Treasurer MEMORANDUM TO: The Honorable City Council 1 FROM: Patrick J. Richards, Director of Community Development J DATE: March 31, 1988 (CC meeting of 4/6/88) SUBJECT: APPEAL NO. 88-3 (STEVEN BLOCK) OF AN ADMINISTRATIVE DETERMINATION - 530 LOS ANGELES AVENUE 7 ELEVEN STORE Public Hearing Notice Although appeals are generally processed the same as any other public hearing, there is no legal requirement for the typical 300 foot radius notice. Inasmuch as there was an interest to have this matter heard as soon as possible by both the City Council and the applicant and the fact that the only residences within 300 feet are those mobilehomes due to be removed; this matter was presented without the typical hearing notice. Should the Council wish the notices to be sent, this matter would not appear until the City Council meeting of May 4, 1988. Background The subject site is located within the Mash Associates neighborhood shopping center which was approved by the City Council under PD-966 on January 20, 1986. The subject center is located at the southeast corner of Spring Road and Los Angeles Avenue. The subject site is on the extreme westerly end of the main building as a corner building location. PJ R:crl 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 PD966A/PCAGENDA • March 31, 1988 Page 2 The project was approved with conditions as specified under Resolution No. 86-266 (see attachment) . Conditions No. 18 required that "all signs are subject to the Moorpark Zoning Ordinance, Article 24. . .": At the time Article 24 existed, only the size and location of signs were considered. On November 3, 1986 the City adopted Ordinance No. 82 (see attached), which repealed all of Article 24 of the Moorpark Zoning Code and replaced it with new text. Section 9.50.060 Permits, currently requires that, "when an architecturally designed building or center is submitted for approval, the sign, or where there are a number of signs, the sign program shall be submitted along with the request for project approval. " Inasmuch as Article 24 was replaced by Ordinance 82, a sign program for this neighborhood shopping center was approved by the City at their August 5, 1987 meeting when the matter came before the Council as an appeal of the Director's determination. It was on August 5, 1987 that the applicant displayed samples of signs and locations of signs to the City Council (only four (4) member were present) . At no time was the Spring Road elevation shown on the exhibits shown to the Council the night of August 5, 1987. Discussion At issue is whether or not a sign should be allowed on the Spring Road side of the primary building as part of the overall approved sign program for this commercial center. The City Council has the authority to either grant such a sign, or to deny based upon the requirements for a sign program for the center. Staff has taken the position that it was not part of the original approval and therefore, is not a permitted sign. The type of sign proposed by the applicant is of some concern to the staff. As an internally illuminated "can" type of sign it does nothing towards integrating itself with other signs within the center. The "can" type signs are only seen on the second story of this project. If a sign is to be permitted by the Council, staff would suggest some consideration be given to the use of channel letters half the size of the front entry sign. PJ R:crl PD966A/PCAGENDA March 31, 1988 Page 3 Recommended Action Determine the appropriateness of the Director's decision and either uphold, modify or deny the appeal. Attachments: Resolution No. 86-266 Ordinance No. 82 MOORPARK, CALIFORNIA City Council Meeting of / 198K ACTION: By %/i lcs'I PJ R:crl PD966A/PCAGENDA c; > 01 RESOLUTION NO. 86- 266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING PLANNED DEVELOPMENT PERMIT NO. PD-966, ON APPLICATION OF MASH ASSOCIATES. WHEREAS, at duly noticed public hearings on October 10, October 24, and November 14, 1985, the Moorpark Planning Commission considered the neighbor- hood fshopping c by nterash c containing 55,280 square feet ssociates requesting ofapproval retail and office space,onstruct a at shopping lo- cated southeast of the intersection of Moorpark Road and Los Angeles Avenue; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and adopted its Resolution No. PD-85-68, recommending approval of the Mitigated Negative Declaration and conditional approval of Planned Development No. PD-966; and WHEREAS,. public notice having been given in time, form and manner as required by law, the City Council of the City of Moorpark has duly considered said Planned Development No. PD-966, has received testimony regarding said project, and has reached its decision; and . WHEREAS, the City Council, after careful review and consideration of the information contained in the Mitigated Negative Declaration, has found that this project will not have a significant effect on the environment, and has approved the Mitigated Negative Declaration; NOW, THEREFORE, .THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council adopts the findings contained in the staff report dated October 10, 1985, which report is incorporated herein by reference as though fully set forth herein. SECTION 2. The City Council hereby conditionally approves Planned Development Permit No doer.P hereb s find- deetermineo ance with all the and esolve that cv olationsof any of s id c n to sh ..___ any of said conditions shall be grounds for revocation ui sza.0 yeruu. SECTION 3. That this resolution shall take effect immediately. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 20th day of January, 1986. M or of the City of Moorpark, p { California J �, — _ `�Jl City Clerk (SEAL) CONDITIONS FOR: PD-966 APPLICANT: Mash Associafs 02 DATE: January 20, 1986 PAGE: 1 PLANNING DIVISION CONDITIONS: 1. That the permit is granted for the land and project as shown on plot plans and elevations labeled Exhibits "A" and "B", except or unless indicated otherwise herein. 2. That the development is subject to all applicable regulations of the C-P-D Zone and all agencies of the State, Ventura County, the City .of Moorpark and any other governmental entities. 3. The location and design of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be as shown on the plot plans and elevations labeled Exhibit Nos. A and B, except or unless indicated otherwise herein. 4. That unless the use is inaugurated not later than two years after the date this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant one additional one-year extension for use inauguration if there have been no changes in the adjacent areas, and if permittee has worked diligently toward inauguration of use during the initial two-year period. 5. That any minor changes. may be approved by the Director of Community Development upon the filing of a Minor Modification application, but any major changes shall require the filing of a Major Modification application to be considered by the City Council. The Director of Community Development may approve as a Minor Modification an increase in size to Building One so long as the required additional parking has been complied with. 6. That all facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the Director of Community Development. 7. That the design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County and City authorities, and all such requirements and and enactments shall, by reference, become conditions of this permit. 8. That if any of the conditions or limitations of this Planned Development Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. That prior to construction of each building, a Zoning Clearance shall be obtained from the Planning Division of the City, and a Building Permit shall be obtained-from the Building and Safety Division of-the City. A separate Zoning Clearance shall- be obtained prior to occupancy of individual lease_ - units within the shopping center. - - - - — CONDITIONS FOR:. PD-966 APPLICANT: Mash- Associates ' 03 DATE: January 20, 19136 PAGE: 2 10. That a landscaping and planting plan (three sets), together with specifica- tions and a maintenance program prepared by a State licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Planning Commission for approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee of $200.00. All landscaping and planting shall be completed and approved or bonded for, prior to the inauguration of use of this permit. Such landscaping plans shall comply with the following requirements: a. Landscaping along streets and at intersections shall not impair sight distance. Low-lying shrubbery should be planted around intersections so that a seated driver does not have to partially enter the intersection in order to gain a clear view of oncoming traffic. b. Landscaping shall be designed so as not to obstruct the view of any building or office entrance/exit, windows, walkways, or vehicles parked in the parking lot. c. Trees shall he planted along the north property line to reduce visual impacts from adjacent property. 11. That continued landscape maintenance shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by. the City Inspector, within two weeks after notification. 12. That all roof-mounted equipment (vents, stacks, blowers, air conditioning equipment) that may extend above the parapet wall shall be enclosed on all four sides by suitable screening or fencing. Said screening material shall be of similar material used in the construction of the parent building. 13. That trash disposal areas shall be provided in locations which will not inter- fere with circulation parking or access to the building, and shall be screened with a six (6) foot high solid fence or wall enclosure. Final design of said enclosure shall be subject to the approval of the Director ofCommunity Development. 14. That all utilities shall be placed underground, except through transmission utilities. 15. That all parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs or posts in parking areas adjacent to landscape areas, 16. That all required yards., fences, parking areas, storage areas, operations yards, and other uses-on the site shall be improved as required by these _ regulations and shall,. at all times, be maintained in a-neat-and orderly manner appropriate for the C-P-D -zone. - • CONDITIONS FOR: PD-966 • - APPLICANT: Mash Associates 04 DATE: January 20, 1986 - ' PAGE: 3 17. That no use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Division of the City. In addition, no Certificate of Occupancy may be issued until all onsite improvements specified in this permit have been completed. 18. Signs are,;:subject;to the Moorpark,Zoning-Ordinance,. Article 24 A sign permit is required. 19. That no later than ten (10) days after any change of property ownership or of lessee(s) or Operator(s) of the subject use, there shall be filed with the Director of. Community Development the name(s) and a address(es)le of the new owner(s), Lessee(s) , or operator(s) , together tter from any such person(s), acknowledging and agreeing to comply with all conditions of this permit. 20. That if, in the future, any use or uses are contemplated on 'the site differing from what specified in this permit, either the permittee, owner, or each prospective tenant shall file a project description prior to the execution of the new lease agreement or the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the C-P-D zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent unless a minor or major modification is required, in which ease all applicable fees and procedures shall apply. 21. That the permittee agrees as a condition of issuance (or renewal) 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 a 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 obligations under this condition. 22. That permittee's acceptance of this permit and/or commencement of con- strlIction ..n_ dlo.. .. ,.,,inns ender this nermit shall be deemed to be acceptance by permittee of all conditions of this permit. 23. That prior to issuance of a Zoning Clearance, the applicant on behalf of himself and his successors and assigns, agrees not to protest or otherwise contest the formation of any assessment district or method of assessment applicable to the development which may be established by the City of Moorpark for the purpose of maintaining landscaping and improvements within the rights-of-way of Los Angeles Avehue and/or Moorpark Avenue. 24. Prior to occupancy, an Unconditional Availability Letter shall be obtained from-County-Waterworks District 41 for sewage and water service. Said letter shall be filed with the Community Development Department of the • CONDITIONS FOR: PO-966 - APPLICANT: Mash Associates 03 DATE: January20, 1986 - PAGE: 4 • City. Or if said Unconditional Availability Letter, in a form satisfactory to the City, cannot be obtained from the County Waterworks District, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement will permit deferral of the un- conditional guarantee for sewer and water service until issuance of a building permit for any structure within the project. 25. Prior to issuance of a Zone Clearance, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangement for payment of the Capital Construction Charge applicable to the proposed subdivision has been made. 26. That prior to occupancy, cross-connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. 27. That the building plans for the proposed retail food markets and restaurants be approved by the Ventura County Environmental Health Department as per County Ordinance .Code, prior to issuance of building permits. 28. Prior to the introduction of any eating establishment, other than that identified in PD-966, an application requesting approval of a Minor Modifica- tion shall be submitted to the Director of Community Development for approval. FIRE DEPARTMENT CONDITIONS: 29. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on plans within 300 feet of. development. 30. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have two 4-inch and one 21-inch outlet(s). b. ....a Finn flnw shall he achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be located back of sidewalks. (Ref: City of Camarillo Engineering Drawing W-5). 31. That the-minimum fire flow required is determined by the type of building construction,, proximity to other structures, fire walls, and fire protection devices provided, as specified by.the--I.5.0. Guide for Determining Required Flow. Given the present plans and information, the required fire flow is approximately 3,000 gallons- per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. . CONDITIONS FOR: P.D-966 - APPLICANT: Mash Associates 0C DATE: January 20, 1986 PAGE: 5 32. That a minimuim individual hydrant flow of 1,750 gallons per minute shall be provided at this location. 33. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 34. That address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet from the street, larger numbers will he required so that they are distinguish- able from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 35. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguishers shall be reviewed by the Fire Prevention Bureau. 36. That the major building shall be protected by an automatic sprinkler system, and plans shall be submitted, with payment for plan check, to the Ventura Bureau of Fire Prevention for review. CITY ENGINEER'S CONDITIONS: 37. That prior to zoning clearance, the developer shall submit to the City of Moorpark for review and approval a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading. Permit; and shall post sufficient surety guaranteeing completion. 38. That prior to zoning clearance, the developer shall submit to the City of Moorpark for review and approval a detailed Geotechnical Report prepared by a California Registered Professional Engineer. The grading plan shall incorporate the recommendations of the approved Geotechnical Report. 39. That prior to zoning clearance, the developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil agreement with the City of Moorpark to complete the improvements;^and shall post sufficient surety guaranteeing the construction of the improvements. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, and paving in accordance with the Ventura County Road Standards and consistent with the Circulation Element of the General Plan. The applicable Road Standard Plates are as follows: Los Angeles Avenue per Plate B-2A Moorpark Road per Plate B-2B with Class II bike path _ All driveways to be constructed per-Plate E-2 modified-to reflect 10 foot radius curb returns. 07 CONDITIONS FOR: PD-966 APPLICANT: Mash Associat4es DATE: January 20, 1986 PAGE: 6- 40. That prior to zoning clearance, the developer shall offer to dedicate to the City of Moorpark for public use all the public streets rights-of-way. 41. That prior to any work being conducted within the State or City right-of-way, the developer shall obtain an Encroachment Permit from the appropriate agency. 92. That in conjunction with the zoning clearance, the developer shall offer to dedicate to the City of Moorpark for public use the necessary right-of-way for Moorpark Road and Los Angeles Avenue to conform to the applicable City of Moorpark Road Standard Plates as mentioned in Condition No- 39 above. 93. That in conjunction with zoning clearance, the developer shall dedicate to the City of Moorpark the access rights adjacent to Moorpark Road and Los Angeles Avenue along the entire frontage of the parent parcel, except for approved driveways as delineated on the approved Site Plan. 44. That prior to zoning clearance, the developer shall demonstrate feasible access with adequate protection from 10-year frequency storm to the satis- faction of the City of Moorpark. 45. That prior to issuance of a building permit, the developer shall deposit with the City of . Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution applicate rate at the time the building permit is issued. 46. That prior to zoning clearance, the developer shall indicate in writing to the City of Moorpark the disposition of any water well(s) that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per City of Moorpark standards. 47. That prior to zoning clearance, the developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an nn......no..k to complete the improvements, and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shalt indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 48:- That prior to any Work being conducted within Arroyo Simi flood plain, the develope} shall obtain a -Ventura County Flood Control District Watercourse • Encroachment Permit:- - - - ' CONDITIONS FOR: 'VD-966. : APPLICANT: Mash Associated 08 DATE: January 20, 1966 PAGE: 7 49. That prior to zoning clearance, the developer shall submit to the City of Moorpark for review and approval, evidence that the developer will provide for the maintenance of landscaping and irrigation on private property, as well as in the public right-of-way. 50. Prior to zoning clearance, the developer shall bond for the full cost necessary to improve the existing traffic signal system at Moorpark Road and New Los Angeles Avenue to add northbound advance vehicle detection, as well as northbound and southbound left turn phasing. These improvements shall be made by the developer when deemed necessary by the City Engineer. However, if these improvements are not needed within a three year period following full occupancy, the bond shall be exonerated. 51. Developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 52. Developer shall post appropriate signs to prohibit left turns out of the driveway fronting New Los Angeles Avenue (Highway 23). FLOOD CONTROL CONDITIONS 53. The preliminary Flood Insurance Rate maps indicate the site is an "A" zone. If the site is lowered in elevation through the grading process, it may become subject to flooding from the Arroyo Simi. 54. Access shall be provided to the Flood Control District through the parking lot from Moorpark Road to the service road. 55. A minimum 5-foot chain link fence shall be installed along the Flood Control District right-of-way line for security reasons. A 14-foot gate shall be provided near the west end of Building One. 56. A 160-foot easement was acquired adjacent to this property for the con- construction of the original Arroyo Simi Channel. Those portions of the 160 feet of right-of-way which fall within the bounds of this lot shall be dedicated in fee to the Flood Control District. ., ,..,.rt :_ten a... n....�a „v c„no,...icnrc arinnted "Designated Watercourse" for the Arroyo Simi through this area. This represents the property required for the proposed future Corps of Engineers' project. Any areas exterior of the 160-foot right-of-way indicated above which are within the Designated Watercourse and within the limits of this site shall be offered for dedication to the Flood Control District as a flood control easement. No building or permanent improvement by the developer will be permitted within the Designated Watercourse. _ -- - - 57:- A turnaround and necessary right-of-way for District equipment shall be provided at the easterly end of-the existing service road adjacent to - New Los Angeles Avenue. CONDITIONS. FOR: PD-966 APPLICANT: Mash Associates©J DATE: January 20, 1986 PAGE: 8 58. The site shall be protected from a 100-year flood in the Arroyo Simi, to the satisfaction of the Flood Control District. As indicated above, the site is within an "A" zone, as indicated on the current Flood Hazard Boundary Maps and on proposed Flood Insurance Rate Maps. It shall be the developer's responsibility to provide the City with all engineering data necessary for presentation to the Federal Insurance Administration to cause removal of the site from within the limits of the "A: zone. 59. A Flood Control District Watercourse Permit is required for any work pro- posed within District right-of-way. SHERIFF'S DEPARTMENT CONDITIONS: CONSTRUCTION SITE SECURITY 60. A licensed security guard Is recommended during the construction phase, or 61. A 6-foot high chainlink fence shall be erected around the construction site. 62. Construction equipment, tools, etc. , shall be properly securing during non-working hours. 63. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openingswhere access may be made. 64.. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non-working hour. All serial numbers shall be recorded for identification purposes. LIGHTING 65. Parking lots shall be well lighted with a minimum maintained one-foot candle of light at ground level. 66. Lighting devices snail be protected against the elements and constructed of vandal resistant materials. 67. Lighting devices shall be of sufficient height to prohibit potential vandalism. 68. Lighting plans showing type and location of all lighting devices for all structures shall be submitted to the Sheriff's Department for review and approval. _ - - - t 10 CONDITIONS FOR: PD-966 APPLICANT: Mash Associates DATE: January 20, 1986 PAGE: 9 BUILDING ACCESS AND VISIBILITY 69. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. ON/OFF STREET PARKING 70. Developer shall post appropriate "No Parking" signs along the south curb line of Los Angeles Avenue between the corner of Moorpark Road and Los Angeles Avenue (southeast corner), continuing east to the north exit driveway of the shopping center. (See Condition No. 41). STREET CIRCULATION 71. Driveways or streets within the parking lot area shall be wide enough to permit traffic to move smoothly. The main throughfare located in front of the shopping center shall be 25 feet wide. This shall also apply to the entrance throughfare off of Los Angeles•Avenue. BUILDING DESIGN 72. All exterior doors shall be constructed of solid wood core minimum of 1-3/4" thick or of metal construction. This does not apply to front entrance doors normally constructed of glass. 73. Doors utilizing a cylinder lock shall-have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 74. There shall not be any easy exterior access to the roof area, i.e. , ladders, trees, high walls, etc. 75. Upon occupancy by the owner or proprietor, each single unit in the devel- opment constructed under the same general plan shall have locks using combinations which are interchange free from locks used in all other separate units, proprietorships or similar distinct occupancies. CITY COUNCIL CONDITION 76. The developer shall provide a 12 foot paved service access road to the rear of the main building on the southern portion of the property, between the building and the chain link fence to be constructed adjacent to the Arroyo Simi. 0 11 ORDINANCE NO. 62 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE ZONING ORDINANCE OF THE COUNTY OF VENTURA, AS ADOPTED BY THE CITY OF MOORPARK ON SEPTEMBER 21, 1983, BY REPEALING SECTIONS OF SAID ORDINANCE PERTAINING TO THE SIGN CODE; AND ADDING CHAPTER 50 TO TITLE 9 OF SAID CODE, PERTAINING TO SIGNS - STANDARDS AND PERMITS. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . That Article 24 of Chapter 1 of the Zoning Ordinance of the County of Ventura, as adopted by the City of Moorpark on September 21, 1983, is hereby repealed. SECTION 2. That Chapter 50 is hereby added to Title 9 of the Moorpark Municipal Code, to read as follows : //// //// //// //// //// //// //// //// - //// //// //// //// //// //// //// //// //// i/// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// • -1- • • 12 CHAPTER 50 SIGNS - STANDARDS AND PERMITS "Section 9. 50.010 PURPOSE "The purpose of this chapter is to provide the means whereby business enterprises -can identify the name, location, and product sold of such enterprise and property for sale of lease can be so indicated and located, which at the same time protecting the gen- eral public from the proliferation of signing that can cause a deterioration of the character, environment, and economic well being of the community. By interesting design and landscaping, the detrimental effects upon the desirable character of the com- munity, neighboring property, passing traffic, and scenic beauty shall be reduced to a minimum. "Section 9. 50. 020 DEFINITIONS AND EXCLUSIONS " (a) Sign - A communication device using words, symbols, banners or pennants designed to advertise, identify, or convey information. " (b) Sign Structure - Any device used for the purpose of displaying or supporting signs . " (c) Sign Area - The area of a sign enclosed by a frame, trim or outline or the area within a single con.tinous perimeter enclosing the extreme limits of writing or any representation, emblem, or figure. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that laced back o k nd thane threes feetf from one another, thet areac ofa then sign shall no shall point twouch more be taken as one face. " (d) Exclusion - The following signs are excluded from the provisions of this code: " (1) Governmental and public utility signs as required or authorized by law. " (2) Name plates, memorial tablets or occupation signs not exceeding two square feet in area. " (3) Signs not visible beyond the boundaries of the pro- erty or building upon which they are located. " (4) Signs less than 12 square feet in area advertising the sale or lease of property. " (5) Construction signs not exceeding 32 square feet in area relating to or identifying construction projects and displayed only during the construction period. -2- • 13 ("Section 9. 50. 020 DEFINITIONS AND EXCLUSIONS r continued) " (6) Traffic directional signs not exceeding eight square feet in area. " (7) Bulletin boards or identificaiton signs not exceeding 32 square feet in area on the premises of public, charitable or religious institutions. "Section 9. 50. 030 SIGNS PROHIBITED " (a) Signs confusing traffic such as one that uses the words "STOP" or "DANGER" or impair the vision of the operator of a motor vehicle- " (b) Any off-site advertising except for subdivision directional signs. " (c) Portable or trailer mounted signs. " (d) Signs which flash, scintillate, make sound, move or rotate except for clocks and time and temperature signs with a maximum area of 32 square feet. " (e) Signs attached to a building where the sign extends above the roof line or parapet of the building . " (f) Signs on public property other than government or public utility signs and signs advertising the sale or lease of government, public utility, or railroad property? " (g) Signs on benches. " (h) Billboards. "Section 9 . 50 . 040 CLASS OF SIGNS - For purposes of this code signs are grouped in the following classes: " (a) Business Class - Signs which advertise the name, location, activity, product, service, business or institution. " (b) Real Estate Class - Signs which advertise the sale or lease of real property. " (c) Subdivision Directional Class - Signs which provide dir- ectional information only to a residential subdivision, the name of the development or developer, any identifying trademark or insignia and the price range of the subdivision offered for sale. " (d) Government or Public Utility Class .- Signs of a govern- ment agnecy or public utility, including railroad company signs, as required or authorized by law. " (e) Political Class - A temporary sign or hand bill erected for an election. -3- 0 14 "Section 9 . 50.050 TYPES OF SIGNS - For purposes _of this code, there are five types of signs. • " (a) Building Signs - Signs attached to a building where the sign does not extend above the roof line or parapet of the build- ing, or signs painted on outside walls or windows of a building or sign placed within a building as to be viewed primarily from outside a building. " (b) Ground Signs - Signs which are free-standing and supported by poles, columns, uprights or foundation affixed to the ground. " (c) Signs Designed to Move with the Wind - Signs, for the purpose of this code called "Wind Signs" , which include flags, banners, pennants or balloons and displayed for a temporary period. " (d) Portable Signs - Portable signs means any sign which is not permanently affixed to the ground or to a structure and which can be moved from place to place. " (e) Monument Signs - Low profile freestanding signs incor- poration the design and building materials accenting the architect- ural theme of the buildings on the same property. "Section 9. 50. 060 PERMITS "No sign or sign structure as defined in this code, and not exempt therefrom, shall be erected, constructed or relocated until a permit for same has been issued by the Community Development Department, except that temporary signs to be displayed not to exceed 15 days in any 6 month period and not exceeding 12 square feet in area, that otherwise conforms to the the provisions of this code, and signs painted on walls or windows of buildings, and change of copy on legally existing sign structures, do not require a permit. Permits shall not be issued for business signs unless a building exists or building permit has been issued on the property. Permits must be signed by the owner or lessee of the pro- perty and where property is occupied by more than one lessee, by the owner of the property. When an architecturally designed building or center is submitted for approval, the sign, or where there are tho Sinn program, shall be submitted along with the request for project approval. Application for a sign permit shall be made in writing upon a form provided by the Community Development Department. "Section 9 . 50. 070 FEES "Any person applying for a sign permit shall, at the time of filling application therefore, pay to the Community Development Department a fee, as established by City Council, to cover inspect- ion and issuance of the permit. "Section 9. 50. 080 SIGNS PERMITTED - The follosing charts shall apply as to signs permitted except for Service Stations which are governed by Sections 9. 50. 090. SEE CHART 9 1"Section. 9: 50. 090 SERVICE STATION 'SIGNS - Service Station si 'ens are those signs and other advertising devices associated with service stations, mini-markets, or other businesses located on a site where service station activity or gasoline/motor fuel sales exist. Such signs are permitted subject to the limitations described as herein: " (a) One (1) identification sign located within the corner radius landscaped area. This sign shall be either a monument or pole type sign. Monument signs shall have a maximum height of six (6) feet measured from the finished grade at the base of the sign, but in no case higher than eight (B) feet from the street grade. Pole signs shall have a maximum height of twenty ( 20) feet measured from the street grade. The sign shall have no more than a total of fifty (50) square feet of sign face, and subject to a limitation of two sign faces. Such sign shall bear the name and/or logo of the business (es) on the site only, but may contain gasoline pricing information only if incorporated integrally with the main face. No other signage may be displayed on or from the pole sign. The main identification sign shall be architecturally consistent with the over all building theme and incorporate unifying features (i.e. , materials) and may be internally illuminated. No such sign shall be externally illuminated. " (b) Canopy fascia and pump island signs with an aggregate display area not to exceed a combined total of fifty (50) feet per canopy, shall be architecturally consistent with the overall building theme, and, if lighted, shall be internally illuminated. " (c) One (1) motor fuel pricing sign no greater than 20 square feet in area shall be allowed for each adjacent street and may be either of ground or pole mounted type. Each sign may be double faced and must be permanently affixed to the ground. Pole-mounted signs shall be integral with on-site lighting standards with faces no greater than twenty (20) square feet in area. Pole-mounted signage may be used for either motor fuel pricing or other advertis- ing purposes relevant to the operation (s) of the site. If motor fuel pricing is displayed on pole-mounted signs, ground signs may not be used for other advertising. '"^> signs are Permitted to be placed on the main building, but must be counted against a maximum of two hundred (200) square feet of sign area allowed for the site. "Section 9. 50. 100 CONSTRUCTION, MAINTENANCE AND REMOVAL " (a) All ground signs in excess of 32 square feet and all signs attached to a bui ling are required to get a building permit in accordance with the latest adopted Uniform Building Code. " (b) No portion of any sign nor its supports shall obstruct any fire escape stairway standpipe, exterior door, or required exit, nor shall any suchsign or its supports be attached to or supported by any fire excape. -5- 16 ("Section 9. 50. 100 CONSTRUCTION, MAINTANCE AND REMOVAL • - continued) " (c) Any sign having in connection therewith any electrical wiring shall be designed and inspected in conformance with the provisions of the adopted Moorpark Electrical Code and such sign shall have firmly affixed thereon a nameplate which shall state the manufacture' s name or trademark, the voltage, amperage and total wattage, and each such sign shall display the Underwriters Laboratory (UL) label. " (d) The Planning Director may authorize a low-profile monument identification sign showing the name of a community, commercial ceter, or industrial park, provided the over all size of the sign, including all riders, is not larger than fifty (50) square feet, with no dimension exceeding ten (10) feet. The number of such signs shall be limited to not more than two (2) for any particular residential community, commercial center, or industrial park. " (e) Every sign and sign structure shall be maintained in proper repair and a proper state of preservation. Upon a written notice from the Building and Safety or Community Development Depart- ment, the necessary maintenance , or alterations, or repairs shall be made within twenty (20) days after the date of such notice. " (f) All signs and sign structures shall be kept free of any unauthorized material on signs not approved by an official permit; and the area beneath and about the base shall he kept free of weeds and rubbish. "g) Signs pertaining to enterprises or occupants which are no longer using the premises to which the sign relates shall be painted out, obliterated, or removed from the premises within thirty (30) days after the associated enterprise or occupant has vacated the premises. "Section 9. 50. 200 ABATEMENT " (a) All signs and sign structures rendered nonconforming by virtue of this chapter shall be amortized and removed or otherwise 1 991 , cxcopt as noted below. " (b) The Chief of Police shall summarily require the immed- iate correction of a sign which is deemed a traffic hazard and may correct such conditions if the owner thereof does not do so. " (c) Illegal signs in public right of way, flashing signs and portable or trailer mounted signs shall be removed or otherwise made to conform within 30 days of being duly notified as to the violation. " (d) A nonconforming sign shall not be altered, reconstructed or moved nor shall there be . a change in copy as a result of a. change in the business without complying in all respects with this chapter. No additional signs or expansion of existing signs which would render the total amount of sign area nonconforming, or further nonconforming, shall be permitted. -6- 0 17 SECTION 3 . That this ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which _ the same is passed and adopted; and shall , within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. SECTION 5. Severability - If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remining portions of this Ordinance. The City Council of the City of Moorpark hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. PASSED AND ADOPTED the 3rd day of November, 1986 'Ma/or of the City/of Mo- park, California ATTEST: „ , ,/ ram, .vf' S Deputy City Clerk (SEAL) e* • 0 18 --`-- -STATE-OF CALIFORNIA- - - ) - - - - -""—"----- -- COUNTY OF VENTURA ) SS. CITY OF MOORPARK ,,fit V'�p 1, Inez. Bryson , Cit Cl'erld of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 82 was adopted by the City Council of the City of Moorpark at an adjourned regular meeting thereof, held on the 3rd day of November , 19 86 , and that the same was adopted by the following vote, to wit: AYES: Mayor Ferguson, Councilmembers Woolard, Prieto, Yancy-Sutton and Hartley • NOES: None ABSENT: None WITNESS my hand and the official seal of said City this 3rd day of November , 19 86 . City Clerk j l7� i �aiO CLASS ayll- i.a,Iiil. 1,AT .UsM Nalalntn a. aft„a . p MAXIMUM NBICII'r ItEMAI«S 4 e.anna •r., e t Al n,.o POI- n=en CIO II of . z «. feel i„ owe [ e-o-lo • - lighting • . or I o rt„ permitted inCO. AC and r tine. there.f.,p I i.G s a i. ten• C eenea, , It I. for CA II. -. It. In o.M COG 'Ion w,m a maa,mnmxor ]o n.•o for encl. it.fof act pb.n . th a met bete of 00 sq.! ,. Ir /z , r( re. eide nalnesn I{NBmnI (Permanent) p M NIA nx only, Signs ay not pnjecl el Arts COL' building sign: t computed b -emntajn!na entrance me x mve the mar bne main entrance.It : (l. I,mu Ndm r side rvn Ing In .ma mly,ft mm z t e) rg pe .Itln n ec In.n n <Im ea In t er tones entrance tndnc alone e slim a:rt:'for ; r allowance nt • aide[ fooling a street. nosiness Building (TemPonry) N/A ]] i of window area NIA , a) Temporary signs Include paper sign in 'end-' and writing on windows b) Temporary signs permitted for nua.mur of IS days In any 90 day period, • • • Business Wind (I N/A- Ws' N/A a) e aep[mal by the Diryctoc an Com vno ty Development. Maximum aximumidum tame allowed it 15 days i_ any 4 inn.. Period, Business P[Wven Sra nn 2 23 sp. ft. It ft, Peat.l En tat s e e sale or lease sl[n[ la n I .a a except from code. • • • Real Estate Sala or Lease Any tone I per street frontage Singla-t am tlr Ironer a R C n es-6 ft. vac") Oro.resty, It ell-it 6 M ion ex-IR It. Same as tar b.slnnv signs. Peal [a[ Subdivision Uninp mend property ,n ] p r p J ct to c e 4 t a) M be vlt Nn t00 ft. of a Directional oz so, It. a ve v pa n t log vof d d Dore-alto) (Sliced tares or s grade b) Gowan bondwhen* 1100 clung,r each sign c re Vau v e I eI Sign npe a ee for t f n rvr lydivimions /tee 1 u¢ ...�, "rat aa. v e ever wept Sore • • co • (LASS 30- Y£P1rITlr➢ PIAX/rIlir mmn R MSlryl% 533E nA[Inuf nETOT PINgtS Vest ¢Aum Tract lon s6d An, b.w 2 40 a4 R 30 R. q gash bund of led f e y tw ranter cursors'. l 41 g a e oruntil l last .,,�u first ie La, whichever curs ee first.• • Ansi Estate Ident Ific Uon An,. Zone S par ranch 13 sq. ft. each M/A on block wall 4e116e1 An) sane except pen Ma Iinit Act E sours- R sq. ft. a) Sot within 100 ft. of a polling v ss. u e 0 It..a all a -ssrc as . _ All a - saw as business signs. • • • • A7 • 0 21 CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 APPEAL FORM TO: City Council Appeal No. ,4P Planning Commission I hereby appeal the decision of the b/r ecrr- Ca7•47 • aQ-J', , which was given on TL/rn7 , 19 £J6. The decision was as follows : To deny my lequesT To SE GIVEN A P£211/ 7' 4r0 arrEcr A SIGN ON T/-/E. L✓Esr- SIDE, OF My v - E(,Ev&✓I Sro,%E (530 LIQ AVE, IA ) SEE aXHIBIT U . The grounds of appeal are : . (attach extra sheets as needed) Mo-nne o+her bvsn,ec ses Del con- kn_ve -Ewe) or more SIGNS. 2F ''ou allow re-Fo.,11 Ikusines5 +-o open iv+ +he Cif v y0c vnusT Lye Low TH m H TOOL The aea O be SU cesS .j L . One OF he 6es oo 5 Iq q vev -/-IScr»rn by Slcjns , SEE E.x111/7" } 1 I request that the appropriate decision-making body take the following action: r reeves -r -Pha.v- you a-pprove one oP -the -Fo/�owinc� s,sNS . Z L/St ih 'r. In order OF Pre e Efi£Nce_ As my E IRST CHO.CP 15 PLR4FDY MADE. . Sae E.XHIL;IT eTNAN Ic you Name of Appellant Sfevo -12- 1oc.. ( 7 - E. LaVF.n Address of Appellant 530 Los F1nc1 e‘ es lave # A MoorLpgRK. 1C.A Telephone Number of Appellant ( $OS ) 5243-743L, oft Csos)52t -19o1 Is the appellant a party in the application? 1 ES If not, state basis for filing appeal as an "aggrieved person" . Jt . T. 7 (Signature of Appellant) '• Tali Date: 3 - 19 - /9813 5/84 K y � x • • ti f t�?Jer�si - i -/ rsv7• IN nmi 3du NO ram+ 1 d R • U c, 23 In ->LAe cen /eiz my -7- ELEvEn is ' WENDYS /H/ 7�AS ,3 SIGNS CAI'IvIe. 119A1 l IZact HAS 9 SIGNS C hevel2oN HAS 3 SIGNS l Th12o[iGNcuy OUR. Culp -•1/Y119Yry 0Jhe2. N&/call sI-orza.S have rr?orE -Ten ONE. 51GW . Some exc r lPles cur : TAco Be l T;psy Fox Nuc, Les Pepper-yin-frier 5a,, i .Erbccva- Savings Spencers jinni vAlley Bounk Anc4 many C77LlerS . 1. hell 411eir siGns arE, Very /ZCASONA3LE. < I ��.j i� ��� . --r 1 � .�aatiEl �N i°>I .d' 24 op t'Ha r!EG.!co.`-SC 'tip ��e7E� ECTQ4.., _uc.�r-r i!Oi.,: wra. iCED 6-r cL.ia.--1'T" _ J A B E __.m Bii t .A- es (:.)------- B - 1 D - E y 1 12) =€ZIPror---1 c :71.c' r A ToPor 7 pMt."$;4°5 .u—=_ B i.:-0<E FTi114* re5 as ', . ; E cc.ei1,E7 - wa55 U sv E_ j-/t6 / T C F / AST cHOICC, , .• •• I. ,. (t T) la LJ---r ILLL 1.o-WN1NE.._I..-I 1c2j IP=IL.OI • ELT ME7AL Cct-ef ./FLFXkkt At n - •R�E--\V s MOJR:TED To eV-a- 9a of FAr1 . r i T ,T timid". 0 1 =0,, 4 I Q `6� t 8'-4/C,F..R) EXHIBIT C (5jJb Choice) ' - VEY-X- J r,ON Cot-c-s_ ! tor oGrs K$H all 2 , o cor/t of 7 KW r4 F{ tic z193 3 { Htkciej a H t2106 4 5&M rd))Ns 4t- Xonz_a 5 '1q° tr n x;p dVtironu N 6 efii`robOr1 fib-it Jrr ; F3-if #2I05 ::r \v 7• ram: 7. 11 r,a W.-es (j-iws) KEfII ii:41-1 21( --