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HomeMy WebLinkAboutAG RPTS 1988 0620 PC REGJOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tom JOHN GALLOWAY Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M.PEREZ Councilmember MAUREEN W. WALL City Clerk MOORPARK AGENDA MOORPARK PLANNING COMMISSION ETM (F: MONDAY, JUNE 201 Z 7:00 P,M, 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS 5. APPROVAL OF MINUTES Minutes of June 6, 1988 6. CONSENT CALENDAR None. 7. PUBLIC HEARINGS (Old Business) A. Comprehensive Planninq Ordinance (Draft) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer Part 1 addresses the General Plan. It would require voter approval on any general plan amendment that involved the following: 1. Land of 100 acres or more. 2. Increase population by more than 350 people. 3. Add more than 1000 average daily vehicle trips. (hose who wish to address the Moorpark Planning CoM a on any item, are required to fill out a Speaker's Card, and present it to the r to the Ron being heard or they may not be heard. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 PLANNING COMMISSION MEETING OF: June 20, 1$88 Page 2 Part II requires the adoption of various ordinances. 1. Hillside, Ridgeline and Open Space Preservation Ordinance. 2. Development Standards Ordinance. This ordinance would address specific development and design standards for all projects. 3. The development of a comprehensive Traffic Management and Circulation Development Plan. This includes a mandate to maintain an LOS of "C ". 4. The establishment of additional greenbelts both east and west of the City. B. Amendment to the Moorpark Municipal Code to provide requirements for political (campaign si ns. C. Draft Downtown Plan Continued discussion to provide the City Council with final recommendations. 9. PLANNING COMMISSION ACTION ITEMS A. Appeal No. 88 -6 Stepitus Appeal of a decision of the Director of Community Development to require a Planned Development Permit for occupancy of a single family residence for use as a medical office. 10. INFORMATION /DISCUSSION ITEMS A. Peach Hill Speed Limits B. Development Plan Permit No. 290 Litton Minor Modification No.1 C. McCoy Ranch Proposal /General Plan Amendment Proposal - Santa Rosa Valley 11. COMMISSION COMMENTS 12. STAFF COMMENTS 13. ADJOURNMENT I'opies of the reports or other written documentation relati"I 1p each item of business on the agenda are on file in the office of the City CIAK a available for public review. Any questions concerning any agenda item may 11% to the Department of Community Development, 799 Moorpark Avenue, Moorpark, C 9. (005) 529 -6864. V PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tom CLINT HARPER, Ph.D. Councilmember JOHN GALLOWAY Councilmember BERNARDO M.PEREZ Councilmember MAUREEN W. WALL City Clerk MOORPARK CITY OF MOORPARK ) COUNTY OF VENTURA ) ss STATE OF CALIFORNIA ) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer I, Celia La Fleur, Administrative Secretary to the Department of Community Development of the City of Moorpark, County of Ventura, State of California, do hereby certify under penalty of perjury, that I posted a copy of a Moorpark Planning Commission Agenda for the meeting of ��+�/ ��9eW-, at the following location: — (/ // CITY HALL 799 Moorpark Avenue Moorpark, California 93021 Said agenda shall remain in place until after the meeting so that it is available for public review for at least 72 hours prior to the meeting, pursuant to Section 54954 et.seq. of the California Government Code. Mod Executed on this Moorpark, Cal ifo rn i a Celia La Fleur Administrative Secretary PJR:crl day of )EYi�i9 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 r I Z3'L[3 Css i717 ITEM fUHRE, WILLIAMS & SUnFNSEN .Dso CLUN,, SQUARE R)?E sec viL1U ,IR4 c�avu.Fo 2200 PARK OC NTO R ORIVC V, 4113CLCO C.urorz,an ooOp VLry 9)003 CO$TA MCSA, CALIFORNIA 926 26005IOw , OO 12i31 s23-1900 Vlal $4S-S5Sg 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 u' - 1 : I 12 grzl; 62= ;257 BY2 LA - VOORPARF: -. 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. 1982) ; 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 2s 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 a' fail if challenged. All other ordinance would undoubtedly provisions of the present County ordinance tcappeal: ..cmocrt 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. Very truly yours, CHERYL J. KANE CITY ATTORNEY , MOORPARK; and BURKE, WILLIAMS 9 SORENSEN by CHRISTOPHER J. THOMAS of 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 integrity 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 dor--+nrnr ng signs and accumulating debris become a blight, defacing the landscape. It is removal of such signs 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. 8110-6.8.2 - 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 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 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. 8 -6.8.3 - tlmq Limit for litical Sig Politic signs may not ' ha be installe on privae rroperty a sooner that 42 days for to an election day an ust be relreyed within n days fol 'ng the c ion. Sec. 8110-6.8.4 - Location - Political signs may not be affixed, installed, '.. or erected within 100 feet of a polling place or historic site, nor within a? 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. 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. 8-1 87 OC-1 MOORPARK JOHN PATRICK LANE STEVEN KUENY Mayor _ City Manager ELOISE BROWN �' CHERYL J. KANE Mayor Pro Tern /F 1: City Attorney JOHN GALLOWAY PATRICK RICHARDS. A.I.C.P. Councilmember ..4 Director of CLINT HARPER. Ph.D. 4IW Community Development Councilmember R. DENNIS DELZEIT BERNARDO M. PEREZ — ' OORPARK, CALIFORNIA City Engineer Councilmember Planning Commission Meeting JOHN V. GILLESPIE MAUREEN W. WALL �5- THOMAS P. GENOVESE Chief of Police City Clerk of ` 'y2/S-1�1 �/O 198 h. ACTION: 22CG✓�. City Treasurer G o l f��7 q. .C47�N/ '"P� By (IF14 /IcJ 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 88315D/CHRONI • POLITICAL SIGN REQUIREMENTS (Relevant Sign Ordinance Sections as they Pertain to Political Signs) ARTICLE 24 SIGNS - STANDARDS AND PERMITS 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 ' ) 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 tb 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 the cost of removal . 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 sign shall be 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; 8142-8 . 1. S -- sty;;s srair nut be 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; 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.