HomeMy WebLinkAboutORD 113 1989 0906FIA
ORDINANCE NO. _113 _
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING CHAPTER 50 (SIGNS - STANDARDS AND
PERMITS) OF THE ZONING ORDINANCE AND RESCINDING
ORDINANCE NOS. 82 AND 90.
WHEREAS, on March 28, 1989, the city Council directed the Planning
Commission to set a public hearing to review the sign requirements of the
Zoning Ordinance with a view towards up- dating said requirements to meet
current trends and practices regarding multifamily apartment, condominium,
or townhouse project "for lease" signs, and to ;Hake a recommendation to the
City Council of such changes the Commission deems appropriate; and
WHEREAS, at a duly noticed hearing on June 19, 1989, the Planning
Commission held a public hearing, considered this matter, and recommended
adoption of the staff recommended actions with minor staff recommended
changes, and that amortization of the signs he changed from two years to
one year; 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 held a
public hearing on August 9, 1.989, has received testimony regarding said
subject, has duly considered the proposed Zoning Ordinance Amendment, and
has reached it's decision; and
WHEREAS, The City Council has determined that the proposed
amendment will not have a significant effect o the environment, has
reviewed and considered the information contained in the Negative
Declaration, and has approved the Negative Declaration as being completed
in compliance with State CEQA Guidelines issued thereunder;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1.
complete, has been
Environmental Quality
policy.
SECTION 2.
Study has been consid
the Sign Code.
That the Negative Declaration /Initial Study is
completed in compliance with the California
Act (CEQA), the State CEQA Guidelines, and City
The contents of Hie Negative Declaration /Initial
ered in the decisions on this proposed amendment to
SECTION 3. That the City Council has adopted the proposed
amendments to Chapter 50 (Signs - Standards and Permits) of the City of
Moorpark Zoning Ordinance which is reflected in Attachment "A ".
SECTION 4. That Ordinance Nos. 82 and 90 be rescinded.
SECTION 5. That 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
signgaa
validity of the remaining 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, APPROVED AND ADOPTED this _(�_ day of 1989
Mayor.
Eloise Brown
City of Moorpark
ATTEST:
signgaa
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 general 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
community, 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 continuous perimeter enclosing the extreme
limits of writing or any representation, emblem, or figure. Where a sign
has two more more faces, the area of all faces shall be included in
determining the area of the sign, except that where two such faces are
placed back to back and are at no point more than three feet from one
another, the area of the sign shall 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 property 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.
"(6) Traffic directional signs not exceeding eight square feet in
area.
Rev.8/23/89
Attachment "A" � Chapter 50 - Sign
Standards & Permits
Page 2
"(7) Bulletin boards or identification 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.
11(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 directional
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.
n(c -1.) Model Tract Pole Flags - A series of metal poles installed
securely in the ground with a height greater than twelve (12) feet which
displays a pennant or flag of cloth material which is suspended only from
the upper portion of the pole to attract attention to the location of the
model sales units within the residential tract:.
"(d) Government or Public Utility Class - Signs of a government agency
or public utility, including railroad company signs, as required or
authorized by law.
Rev.8/23/89
Attachment "A" l.hapter 50 - Sign
Standards & Permits
Page 3
"(e) Political Class- A temporary sign or hand bill erected for an
election.
"(f) For Rent and For Lease Sign in Multifamily Zones- Signs providing
information 4 units being offered for rent or lease in Multifamily zones.
"Section 9.50 -050 TYPES OF SIGNS
For the purpose 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 building, or signs painted
on outside walls or windows 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 free- standing signs incorporating the
design and building materials accenting the architectural 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. Permits shall
not be issued for business signs unless a building exists or building
permit has been issued on the property. 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, the sign, or where they are a number of
signs, the sign 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 filing
application therefore, pay to the Community Development Department a fee,
as established by the City council to cover inspection and issueance of the
permit.
"Section 9.50.080 SIGNS PERMITTED
The following charts shall apply as to signs permitted except for Service
Stations which are governed by Sections 9.50.090. SEE CHART
Rev.8/23/89
Attachment "A" C ` ;hapter 50 - Sign
Standards & Permits
Page 4
"Section 9.50.090 SERVICE STATION SIGNS
Service Station signs 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 (8) 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 advertising purposes relevant to the operations(s) of
the site. If motor fuel pricing is displayed on pole- moiinted signs, ground
signs may not be used for other advertising.
"(d) Other commercial type 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 9.50.095 TEMPORARY SIGNS
"(a) Temporary Signs - Temporary signs relating to window and wall area
may be permitted up to twenty -five percent (25 %) of the total window or
wall elevation; such signs to be placed in predesignated area(s) of the
window or wall elevation as approved by the Director of Community
Development or his designee. In no event shall the aggregate area of
temporary signs exceed one hundred fifty (150) square feet.
"(b) Temporary signs to promote special sales or events shall be
allowed without a permit and shall be dated upon posting and shall not be
displayed for more than fifteen (15) days. Any sign not displaying a date
Rev.8/23/89
Attachment "A" ` 'hapter 50 - Sign
Standards & Permits
Page 5
shall be removed immediately upon request by the Code Enforcement Officer.
SEE CHART
"Section 9.50.096 FOR RENT AND FOR LEASE SIGNS IN MULTIFAMILY ZONES- Signs
providing information of units being offered for rent or lease may be
allowed on -site only. These signs must be in conformance with the
provisions of this section. A sign permit from the Director of Community
Development is required prior to installation of the sign.
"(a) Size - The sign shall not exceed twelve (12) square feet.
"(b) Height- Shall not exceed six (6) feet measure from finished grade.
"(c) Materials - The sign shall use the same materials as the parent
building or landscape fixtures, and shall be weatherproof.
"(d) Location - Not less than five (5) feet inside the property line
and must be located within one of the City's multifamily residential zones.
"(e) OTHER RESTRICTIONS- Signs shall be non - illuminated and not be
placed within fifty (50) feet from any off -site residence, corner or other
directional signs. No more than one such sign may be displayed on each
street frontage. Such signs shall be located no closer than 50 feet from
any corner. All such signs shall carry only the name of the residential
complex, business address and business phone number and "For Rent and /or
For Lease." No changeable copy, picture or graphic shall be included on
such sign.
"(f) MISCELLANEOUS PROVISIONS
(1) CONFORMING SIGNS - Every sign in existence on the effective
date of this Article and conforms to the provisions of this Article is a
legal, conforming sign.
(2) NON - CONFORMING SIGNS: Every sign in existence on the
effective date of this Article, was legal at the time of
installation, and that does not conform to the provisions of
this Article, is a non - conforming sign. Such signs shall be
legal for the purposes of this Article.
"(a) In the event such non - conforming sign is abandoned or
discontinued, said sign shall be required t:o conform to the provisions of
this Section.
"(b) For purposes of this Section a change of copy or sign
face shall not be deemed a discontinuance of use. However, for purposes of
this Section, any structural alteration to any part of the sign shall be
deemed a discontinuance of use.
"(c) In the event such nonconforming sign is abandoned or
discontinued, said sign shall be required to conform to the provisions of
this section.
Rev.8/23/89
Attachment "A" C chapter 50 - Sign
Standards & Permits
Page 6
"(d) Structural Alterations - For purposes of this section, a
change of copy or sign face shall not be deemed a discontinuance of use.
However, any structural alteration to any part of the sign shall be deemed
a discontinuance of use.
"(e)Continuance - In cases where the area of signs existing
as a valid nonconforming use on a property exceed the total allowable area
for permitted signs, no additional signs shall be permitted on the
property.
"(f) Repair- A nonconforming sign may be repaired, provided
that it has not been damaged in excess of 50 percent of its value. Such
damaged nonconforming sign may not be expanded, reconstructed or relocated
without being made to comply in all respects with the provisions of this
Article.
"(g) Amortization- All signs rendered nonconforming by the
provisions of this Article shall be altered, removed or otherwise made to
comply with the provisions of this Section within two years of the Section
of the Ordinance.
"(h) Abatement- In the event the non - conforming sign has not
been modified to conform with the provisions of the Ordinance or abated
within two years the sign became non- conforming, the Community Director
shall order the same to be abated by the owner of the property, or by other
person known to be responsible for the maintenance of the sign. Failure to
remove the sign within 30 days of the Community Director's orders to abate
the sign shall cause the Director to deem the sign a nuisance, and shall be
subject to summary abatement pursuant to Section 38773 of the California
Government Code. The expense of such abatement shall be a lien against the
property on which the sign was maintained, and a personal obligation
against the property owner. Said property owner shall first be served with
a notice to abate the nuisance, and shall be given the opportunity before
the City Council.
Such hearing shall be requested within 10 days after the property owner or
person responsible for maintaining the sign is served notice to abate the
nuisance. After such opportunity for hearing, the Community Development
Director shall order agents of the City to remove the nuisance. The agents
of the City shall have the authority to enter upon the private property to
remove the sign constituting the nuisance.
"(i) Abandonment or Discontinuance- In the event such
non - conforming sign is abandoned or discontinued, said sign shall be
required to conform to the provisions of this Section.
(3.) SIGNS INTERFERING WITH TRAFFIC SAFETY - Signs adversely
affecting vehicular traffic and pedestrian traffic safety are prohibited.
"Section 9.50.100 CONSTRUCTION, MAINTENANCE AND REMOVAL
"(a) All ground signs in excess of 32 square feet, and all signs
attached to a building, are required to get a building permit in accordance
with the latest adopted Uniform Building Code.
Rev.8/23/89
Attachment "A" C ..hapter 50 - Sign
Standards & Permits
Page 7
"(b) No portion of any sign, nor its supports, shall obstruct any fire
escape stairway standpipe, exterior door, or required exist. Nor shall any
such sign, or its supports be attached to, or supported by any fire escape.
"(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. 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 center, or
industrial park, provided the overall 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 Department, 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 be 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.
"(h) Model tract pole flags shall be permitted providing that a plot
plan shall be submitted and approved with which complies with the following
requirements:
"(1) A plot plan shall show the location of all proposed poles,
setbacks, height, spacing dimensions, number and size.
"(2) Location - Permitted only around the perimeter of the model
tract site area and complex and shall not be permitted to exceed
two hundred (200) feet from the nearest model unit or within two
hundred (200) feet of any occupied residence.
"(3) Height: Twenty (20) feet maximum
"(4) Setbacks: Three (3) feet minimum from property boundaries.
"(5) Spacing: To be determined at the time of review of the plot
plan and approval of the permit.
"(6) Flag size: Twelve (12) square feet.
Rev.8/23/89
Attachment "A" ,hapter 50 - Sign
Standards & Permits
Page 8
"(7) Flag Number: Maximum of two (2) tract poles per model unit
and one (1) flag per pole.
"(8) Time Period: Permitted for one (1) year or until the last
unit is first sold, whichever occurs first, with renewals not to
exceed one year for each renewal as approved by the Director of
Community Development.
"(9) Removal Deposit: The applicant shall pay such application
fees and removal fees as the City Council may adopt by resolution.
Such fees shall be sufficient to cover one - hundred percent (100°x)
of all cost to the City in administering these sections.
"(10)The Community Development Director may modify these
requirements due to a topographic location hardship.
"(11)All model tract pole flags shall be well maintained and kept
in good condition (i.e. not tattered /torn).
"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 made to conform
by December 31, 1994, except as noted below.
"(b) The Chief of Police shall summarily require the immediate
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.
Rev.8/23/89
CLASS TYPE ZM PEldi=
Business Ground AC, C & M
Business Building (Penment) C & M
Business Building (Temporary) C
Business Wind C
Business Produce Stand
Business Window C
(to promote sales
or events)
MAXIMM N UM
MAXZMM SIZE
MAKRIM BE1urII'
One per each 300 ft. of
J sq. ft. for ea. ft. of
in AG & C -0 -10ft. , in M
street frontage, or
lot frontage with a maxi-
zones 20 ft., in other C
portion thereof.
mum in AG & 00 of 50 sq.
zones 20 ft. plus 1 ft.
ft. In M ones 100 sq. ft.
for each ft. of set bark
plus 2 sq. ft. for each
with a maximum of 30 ft.
ft. of set back with a
maximm of 200 sq. ft.
N/A
In 00 J sq. ft. for side
Signs may riot project
of main entrance only, in
above the roof line
M zones 1 sq. ft. for side
of main entrance only, and
N/A
33% of window area
N/A
N/A
N/A
2 32 sq. ft. 12 ft.
N/A 25% of total Signs may not project
window or wall elevation above the roof line.
(not to exceed 150 sq. ft.
For Rent Permanent All Multi - Family No more than 1 per 12 sq. ft. 6 ft.
and For Lease Residential Zones street fraTtage
CIASS TYPE
Real Estate Sale or Lease
Real Estate Subdivision
Directional
(Off -site)
Real Estate Tract (On -site)
Za,ES FERM ED MAYIMM hum
Any zone 1 per street fxu Cage.
L uuproved property in R, 3 per project
C & M zones (Allowed for
subdivision located in
Moorpark only).
Any Zone
Kno
Single family homes and
vacant property. 12 sq.ft.
in C & M zones same as for
business signs.
32 sq. ft.
M.
MAXIMM H GHr
R zones - 6 ft.
C & M zones - 12 ft.
10 ft. above via4point
of grade
20 ft.
Real Estate Identification Any Zone TW per street entrance 12 sq.ft. each N/A
az block wall.
Political Any zcne except open space. No limit. AG & R zones - 32 sq.ft. AG & R zones
All other zones - sames as 10 ft. all other - scenes as
business signs. business signs.
r'�
MOORPARK
ELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tem
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
SS.
I, Lillian E. Kellerman, City Clerk of
California, do hereby certify under pei
foregoing Ordinance No. 113 was
the City of Moorpark at a meeting held
September 1989, and that the
following vote:
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
the City of Moorpark,
lalty of perjury that the
adopted by the City Council of
on the 6th day of
same was adopted by the
AYES: Councilmembers, Harper, Perez, Montgomery, Lawrason, Mayor Brown
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 7th day
of September , 1989.
Lillian E. Keller n
r i +v r iorlr
799 Moorpark Avenue Moorpark, Galltornia 9JU21 kouz)f Z)4ZJ-000'4