Loading...
HomeMy WebLinkAboutAG RPTS 2015 0811 PC SPC cf./4W Allivp PAIPAY-- %Mir 7911 ,0 o9reDrlykf Resolution No. 2015-604 PLANNING COMMISSION SPECIAL MEETING AGENDA AUGUST 11, 2015 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: 8. PUBLIC HEARINGS: (next Resolution No. PC-2015-604) 9. DISCUSSION ITEMS: A. Consider a Resolution Denying Appeal No. 2015-01 for a Sign Permit for Two Proposed Signs on Top of Building Parapet Walls at 709 Science Drive, on the Application of John Newton for Community Marketplace. Staff Recommendation: 1) Adopt Resolution No. 2015- , DENYING Appeal No. 2015-01. (Staff: David Bobardt) All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Special Planning Commission Meeting Agenda August 11, 2015 Page 2 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of May 26, 2015. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104;ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the Special Meeting of the Moorpark Planning Commission to be held on Tuesday, August 11, 2015, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on August 6, 2015, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 6, 2015. A' . *LINA J c R. Figueroa, Administrative Assistant II ITEM 9.A. MOORPARK,CALIFORNIA Planning Commission of ?. 11 , 20)5 ACTION:Appswo 5frIf-Rvrtuinfpriorucn; AorYtwri P9c). Nn1 ff-'zo15-r 31-r.as am/ndyd . MOORPARK CITY COUNCIL • i'l‘glsOJ'6a AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development ment Director Prepared by: Freddy A. Carrillo, Associate Planner I.�\_ DATE: July 30, 2015 (PC Special Meeting of 8/11/2015) SUBJECT: Consider a Resolution Denying Appeal No. 2015-01 for a Sign Permit for Two Proposed Signs on Top of Building Parapet Walls at 709 Science Drive, on the Application of John Newton for Community Marketplace BACKGROUND On April 16, 2014, the City Council approved an Administrative Permit and a Modification to an Industrial Planned Development Permit to allow a multi-tenant indoor retail community marketplace in the M-1 Zone at 709 Science Drive. On June 1, 2015, Mr. John Newton (applicant representative for Community Marketplace) submitted a sign permit application for two 52-foot long by 6-foot high wooden signs proposed to be mounted on 10-foot to 15-foot high steel poles attached to the top of building's parapet walls: one facing State Route 23 and another facing Los Angeles Avenue at 709 Science Drive. On June 4, 2015, the Community Development Director denied the sign permit application on the basis that the proposed signs were "roof signs" expressly prohibited by the Moorpark Municipal Code. Mr. Newton submitted an appeal of the Community Development Director's decision on June 8, 2015. Copies of the application, denial letter, and appeal are attached. The appellate body to the Community Development Director on this matter is the Planning Commission. Section 17.44.090 of the Zoning Ordinance calls for the appellate body to review the project application in the same form as reviewed by the original decision maker and the review shall be conducted de novo. Due to the Community Development Director's unavailability because of pre-scheduled time off, staff was unable to schedule this appeal within the 30-day period as called for in Chapter 17.40. The applicant was made aware of this situation and informed that this special meeting of the Planning Commission is the earliest practical time to schedule this item. No rights are inured as a result of not scheduling the appeal within the thirty day period. 1 Honorable Planning Commission August 11, 2015 Page 2 DISCUSSION Applicable Regulations: Chapter 17.40 of the Zoning Ordinance (attached) addresses regulations for the placement of signs within the various zones of the City. The sign regulations include definitions and standards for signs, and also include a list of prohibited signs. Sections of the sign regulations relevant to this application are as follows: Section 17.40.020 Definitions. "Roof sign" means a sign affixed on, above, over, or through the roof of any building or structure which projects above the eave line or parapet wall of the building or structure. On buildings with mansard roofs, the roof shall be determined to be the eave line of the mansard. Signs projecting above the eave line on a building with a mansard roof where the sign has been architecturally integrated into the design of the mansard are not considered a roof sign." Section 17.40.080 Design, material, construction and maintenance standards. A. Materials and Colors. All permanent signs shall be constructed of durable materials that are compatible in appearance to the building supporting or identified by the signs. Sign Colors and materials shall be selected to be compatible with the existing building designs and shall contribute to legibility and design integrity. B. Relationship to Buildings. Each permanent sign located upon a site with more than one (1) main building, such as a commercial, office or industrial complex shall be designed to incorporate the materials common or similar to all buildings. C. Relationship to Other Signs. Where there is more than one (1) sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements: 1. Type of construction materials; 2. Sign/letter color and style of copy; 3. Method used for supporting sign (i.e., wall or ground base); 4. Sign cabinet or other configuration of sign area; 5. Illumination; and 6. Location. Section 17.40.110 Commercial/industrial zones. In addition to any other signage permitted under this chapter or code, the following signs are permitted in commercial and industrial-zoned properties, except for those properties within the boundaries of the downtown specific plan (see Section 17.40.120 of this chapter) subject to the applicable regulations set forth in the table in this section. S:\Community Development\DEV PMTS\APPEALS\2015-01 Community Marketplace\Agenda Reports\Staff Report docx 2 Honorable Planning Commission August 11, 2015 Page 3 COMMERCIAL/INDUSTRIAL ZONES Maximum Sign Area, Sign Type Sign Location Height, and Width Other Regulations A. Not within a center (three or less businesses on a single lot). 3. Wall signs for Shall be affixed to the Area: One (1) square Number: Three (3) building/tenant(more building wall, eave or foot per lineal foot of signs, but no more than than 10,000 square feet overhang facing a business/tenant one (1)per of floor space) parking area or street frontage. business/tenant frontage or may be Height: Shall not extend frontage. designed and beyond the roof line. Illumination: Internal. incorporated into the roof(see roof definition). Section 17.40.130 Prohibited signs. Except as otherwise specifically provided in this chapter, the following signs are prohibited: G. Roof signs; Analysis: The building at 709 Science Drive, part of two buildings approved under Industrial Planned Development Permit No. 93-1, is a contemporary concrete building with a flat roof and an approximately 3 to 5 foot high parapet above the roof. The total building height with the parapet wall is 32.5 feet. The two proposed signs are each 52-foot long by 6-foot high wooden signs proposed to be mounted on 10-foot to 15-foot high steel poles attached to the top of the building's parapet walls: one facing State Route 23 and another facing Los Angeles Avenue. Based on their extension above the building's parapet wall, these two proposed signs meet the definition of "roof signs" in that they are proposed to be, "affixed on, above, over, or through the roof of any building or structure which projects above the eave line or parapet wall of the building or structure." Section 17.40.130 (G) includes roof signs on the list of prohibited signs. This section does provide a caveat in the phrase, "Except as otherwise specifically provided in this chapter," and the one other reference to a sign on a roof is in Section 17.40.110 (A)(3). This section allows for wall signs that, "may be designed and incorporated into the roof (see roof definition)." The term, "roof," is not defined in either the sign regulations or the zoning ordinance, however, this same section also restricts the height of signs that they not, "extend beyond the roof line." This clearly demonstrates that signs above the roof line as proposed would not be permitted. It is also clear that the proposed signs have not been, "designed and incorporated into the roof," but rather just use the top of the roof as a point of attachment. S:\Community Development\DEV PMTS\APPEALS\2015-01 Community Marketplace\Agenda Reports\Staff Report.docx 3 Honorable Planning Commission August 11, 2015 Page 4 The applicant, in the appeal, referenced Section 17.40.110(A)(3) which allows wall signs that, "may be designed and incorporated into the roof," but did not reference the height limitation in that same section, that the wall signs not, "extend beyond the roof line." Although the proposed signs are not permitted due to their type and location, it should also be noted that the signs also do not meet the standards for materials and design in Section 17.40.080(A), (B), and (C), in that the proposed signs are not compatible with the contemporary design or materials used in the building and complex on which they are proposed, and do not have a design with similar design elements to the existing building signs. Although they make use of the same logos and colors, the proposed signs also include days and hours of operation, which is more akin to advertising than identification. In a related matter, unpermitted temporary signs have been placed at and around the Community Marketplace for several months. These signs have included an oversized banner (larger than 20 square feet) supported by a framework placed on the roof of 709 Science Drive, and off-site A-frame signs and banners placed along Science Drive and Los Angeles Avenue on days that the facility is open. These signs did not meet the standards for temporary signs and were the subject of a code compliance case. They have been recently removed and the code compliance case has been closed. City Attorney Review: The City Attorney has reviewed this appeal application and report and provided an opinion on the matter (attached). In summary, the City Attorney concurs that the proposed signs meet the definition of roof signs and are prohibited. The City Attorney further notes that since roof signs are prohibited as a use, a variance to permit a wall sign that extends above a parapet wall is not available. Findings A. The proposed signs associated with Appeal No. 2015-01 meet the definition of roof signs in Section 17.40.020 of the Moorpark Municipal Code. B. The proposed signs, as roof signs, are prohibited by Section 17.40.130 of the Moorpark Municipal Code and do not meet the exception for wall signs designed and incorporated into the roof that do not extend beyond the roof line as provided in Section 17.40.110(A)(3) of the Moorpark Municipal Code. C. The proposed roof signs are inconsistent with the provisions of Section 17.40.080(A), (B), and (C) of the Moorpark Municipal Code, in that the proposed wooden signs on metal poles are not compatible in material or design to the existing building and its existing building signs. S:\Community Development\DEV PMTS\APPEALS\2015-01 Community Marketplace\Agenda Reports\Staff Report.docx 4 Honorable Planning Commission August 11, 2015 Page 5 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and determined that denial of the proposed project associated with Appeal No. 2015-01 would be exempt from environmental review under CEQA Guidelines Section 15270 (Projects Which are Disapproved). No further environmental documentation is required. NOTICING Appeals are subject to the same type of public action process and public noticing as required for the original project application. Public Noticing is not required for sign permits. STAFF RECOMMENDATION Adopt Resolution No. 2015- denying Appeal No. 2015-01. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Application with Proposed Sign Plan 4. City Rejection Letter 5. Applicant Appeal Letter 6. Chapter 17.40 of the Moorpark Municipal Code 7. City Attorney Opinion 015-S8. Resolution No. 2015- S\Community :\Community Development\DEV PMTS\APPEALS\2015-01 Community Marketplace\Agenda Reports\Staff Report.docx 5 Location Map - 709 Science Drive t �Q �,troyo S. i 1 Legend s I Parcels .� City Boundary -- 4ti ,, I f~- Moorpark Area Of Interest ce I ' 1 4 — n I -- i • I 't .. _ It .':'' /- i r r 1 4ti4� i f I �� i i i L r . ,, .ei, I 500 ft' S iP� .t IA Appeal No. 1" = 376 ft 2015-01 07/30/2015 I , . . K »- M This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy please contact Moorpark staff for the most up-to-date information PC ATTACHMENT 1 6 Aerial Map - 709 Science Drive . fr 4A �" Legend ill1 r / l 1 — Parcels / • , w* Citi Boundary ?�, _� '` - ' ,,� MoorparkArea Of Interest 5 \ ' =-- .e i ` n � _ 1 A r t } m { s d1 m, t. 4 PI/ ''f 4 '. ' ' , I .� N 11004P— Icy sY .. .44 '�1 n j• 411,... '... -tea 4 _* t { 1r $ r - may' '•w... 1 I `./tea ..0s` f. •• . , . -) 1 !lid . p it ---- - 44(# .'' '\ \ .N. t. ..,. : •1, l' - .1.,1 4' '. 1,1\ f 1 \\\40, \ '-',., •:',.', ,' N /r 3" li s:\:%*:0:1‘:%"7 '.4•'-•.7.**--‘ --'-'-* -*'''''''';'1' ' ' ....-,-:-1'2'.. ';',.::.-', : , ..- \''i - 1 : ' ',„. N-, pir,i,,,,, , ,,,,( v , . \ . �`l . LL I.,-a. 50o f III r.:�' IL'i'" 1, r. �s . 1' ... Appeal No 1„ = 376 ft 07/30/2015 - 2015-01 4,6 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracyplease contact Moorpark staff for the most up-to-date information PC ATTACHMENT 2 7 l X ) ->_ N City Of 3ioo pa1�, �a4 � 799 Moorpark Avenue,Moorpark,CA 93021 ZONING CLEARANCE/ ‘_�Q'�~f Phone:(805)517-6200 Fax:(805)532-2540 SIGN PERMIT APPLICATION q.�; Website:www.ci.moorpark.ca.us Please Print or Type FEE: $ 200 . 00 PROJECT ADDRESS (Location description if no street address): 709 Science 17n-,ve DESCRIPTION OF USE(S): (Check appropriate item or describe what use you are proposing.) O ROOM ADDITION SQ.FT. 0 COMMERCIAL/INDUSTRIAL ADDITION SQ.FT. O POOL SPA 0 TENANT IMPROVEMENT(Describe) O WALL RETAINING HEIGHT O PATIO COVER/GAZEBO SQ.FT. ❑ GRADING PERMIT ONLY (Open Enclosed Attached Detached ) ❑ BARBEQUE FIREPIT FIREPLACE 0 PLAN CHECK ONLY O ADD/MOVE DOORS OR WINDOWS ❑ SIGN:PERMANENT X TEMPORARY 0 ADD/RELOCATE HVAC UNITS COPY: Atxached O ACCESSORY STRUCTURE COLORS: (Describe) MATERIALS: See covtcepZuat O NEW RESIDENTIAL SQ.FT. UNITS DIMENSIONS: . fit COMMERCIAUINDUSTRIAI,iOCO�UP Y ❑ OTHER : Sketch attached (Describe) ommuvu ty malt pace Anch.t tec tuna r de kgqvi atavL6 .to aottow ❑ NEW COMMERCiAUINDUSTRIAL BLDG SQ.FT. 8 on bL t:.d c.nq p eAm-c t I hereby acknowledge that 1 have read this application in its entirety and state that the information given ie correct and agree to comply with all provisions of Title 17 (Zoning) of the Moorpark Municipal Code. Zonina Clearances and Sian Permits shall expire one hundred eighty (180) days after issuance. unf=_=s otherwise indicated by the Community Development Director on the clearance or unless the use of lana or structures or building construction has commenced and is being diligently pursued, as evidenced by current inspections and/or valid building permits. I also understand that homeowner's association/property ...,..,,a,J aaoowauvtt aN�ttival w uta I pvttotuutty w UMC rtvtttavwttanFttvftCtty uwttut. Applicant: • Property Owner: John W. Newton & Ass oc.Lates , Inc. G g S Investments (Name) • (Name) 159 Moov«on.g Cocoa 16830 Vevttuna 13.2vd. , S-e. 508 (Address) (Address) Moonpank, CA 93021 Encino, CA 91436 (City,State,Zip) (City,State,Zip) 805/5 ' -3494 818/783-5400 T aleph.ne i • (Telephone) 1'"L (A '7//i N/A (Sign-ture ' (Signature)or ' ❑See attached property owners authorization STAFF USE ONLY BELOW THIS LINE Approved By: Date: Zoning Clearance/Sign Permit Number: PC ATTACHMENT 3 8 CITY OF MOORPARK ZONING CLEARANCE/ SIGN PERMIT APPLICATION STAFF USE ONLY Requirements: X THIS ZONING CLEARANCE / SIGN PERMIT EXPIRES ON UNLESS ACTION IS INITIATED. ❑ EXTERIOR COLORS AND MATERIALS TO MATCH EXISTING BUILDING. ❑ POOUSPA EQUIPMENT TO BE ENCLOSED BY A FOUR FOOT (4') MASONRY WALL EXCEPT ON SIDE WHERE ACCESS IS PROVIDED OR ABUTS HOUSE AND SHALL NOT BE VISIBLE FROM STREET. ❑ POOUSPA EQUIPMENT SHALL NOT BE VISIBLE FROM STREET. U A FOOT SETBACK IS REQUIRED FOR ALL MECHANICAL EQUIPMENT. U MAXIMUM WALL HEIGHT OF FEET. ❑ WALL(S)SHALL BE CONSTRUCTED OF THE FOLLOWING MATERIAL(S) U ACCESSORY STRUCTURE(S)NOT TO BE USED FOR HUMAN HABITATION. U CONDITIONS OF APPROVAL IN PERMIT SHALL APPLY. ❑ NO SIGNS ARE APPROVED/SIGNS WILL REQUIRE A SEPARATE SIGN PERMIT. U TEMPORARY SIGNS MAY NOT EXCEED TWENTY (20) SQUARE FEET AND MUST BE ATTACHED TO A BUILDING WALL. U TEMPORARY SIGN IS APPROVED FROM TO: (NOT TO EXCEED THIRTY (30) DAYS FOR GRAND OPENINGS, FIFTEEN (15) DAYS PER SPECIAL EVENT, FOUR(4)TIMES PER CALENDAR YEAR, WITH AT LEAST THIRTY(30) DAYS BETWEEN EVENTS). U A DEVELOPER WASTE REDUCTION & RECYCLING PLAN SHALL BE APPROVED PRIOR TO OCCUPANCY. U NO RETAIL SALES ALLOWED. Additional Comments and/or Conditions: Case Reference(TTM/RPD#): IPV 9 3-1, MOD.4 Zoning Designation: M-1 BUSINESS REGISTRATION U Owner-Builder/Contractor not yet selected(No Business Registration Required) U Business Registration Verified - Business Registration# Staff Initials WASTE REDUCTION AND RECYCLING U Waste Reduction and Recycling Plan Verified Staff Initials S:1Community Development1FORMS1Applications\Zoning Clearance-Sign Permit Application 120404.docx 9 0 in4574 lmw • Fs PE• aTa F44 O V 1a il1W1 WWII ' = n.... ti al/ �, y -MLIA111Wilt MU I.NISI- MAMMY Ilpla 3Nrlanvns0lsu ; J .)lIC+� +,o► °{, a�ueev�'�rnnrsoenr�s� a arrr�Iiaav o a ^ g apvkaiDnIV ill •, .wM l:� �.,y�/�/-' I�+o o.mm9elvo �e we \ '� ��. aalHnwwo� �.! � !! it 3 I / 33H1d13>NV -a 0B" I- 1J.INnoiwoJ i a OW"i it.[�1$ ' $ NOLL11V38301331'0Ya i'..-. N rSr (" C 8 n W illi CI-) E, t g lid Up��IJ� c P (4 1 0 1N1/ i lii 1� IIiIhiI1IIiJiiIfILi1IIi MI s7 I A , 0000 Ooo0o BoRaB 0 Flo a.,#)" //,: \ -* ''' ..,:l r_ s- : ,/63 / r 6/32)\. 0 i L..- J d \ ,,,,,tl -ce co o w " IIIE 1�{ U R 8 N II . 1 ,,' II .. ,O i I r ,�, !1 __..."`iii U I o LI `\\\ \ tau #:::/, s . . \\*. • k• 5 ...,\\\ , ; •\.\\,, ,s\\, v , ` 1 01 \ v \ ' \ • \ )112 ic.) oa w 4�, \ _-: L____ \ \ • \ • \\\` ' �. a � 0 x a8 I ` \ \ I — CO 10d \ \ �., l'il `•°� 444 OE\, w 2, i\ \ vp ti. 1 ::4*•.4 • / \ m o I ,\ \ �/� TC ITfff1TT1T( Q A i ���� �i /--moi 0 ` o- \ -I k \\\ \\ \\\\\ \ \ ® ' • \N\ s\\\\\\ s ' k------ —4 --A _._.A \ \ \\\s ‘ \ \s s 1 _ . , . , , , ,\ \ , , ,y_F, \_,.... ,Q 1 " L,Li, 1 , . . .. \ ---1=- . ,, . .. \\\\Nv,\' i 0 = .. ,,\ \\ \ \ \ ®_ ,=,.. , . , s , , \s-s\s _, ,___ , — ‘ \ 11 ¢ \ V\ Lu la.---,fr.. I .-I �0.J 1_ P -11 cra 4 �\ ,^Zt,1 q d i ` —W O n:` Oil © 0_ \� .3:4?)1 A- `� O '` O _ 15 9 `� fir_ , Vsl —�` ,,..... `` % �\\\S / //,NP \\� � Cal \,,..,,--- .„--- - ' '' '" - \ . .......„ .....— ,c, ....._ Ak.- -..- \t, ir. ., v. I 1 4.o% 9 CITY OF MOORPARK %,„ v„ COMMUNITY DEVELOPMENT DEPARTMENT I 799 Moorpark Avenue,Moorpark,California 93021 0 ^ Main City Phone Number(805)517-6200 I Fax(805)532-2540 I www.moorparkca.gov 41Teo •sV'. June 4, 2015 Community Marketplace c/o Manny Asadurian 11576 Sumac Lane Santa Rosa Valley, CA 93012 SUBJECT: DENIAL OF A TEMPORARY USE PERMIT AND SIGN PERMIT ON THE APPLICATION OF COMMUNITY MARKETPLACE (MANNY ASADURIAN) Dear Mr. Asadurian: On June 1, 2015, a Temporary Use Permit (TUP) application was submitted by your agent to allow indoor and outdoor sales of privately owned vehicles and boats every Friday, Saturday, and Sunday on an ongoing basis at the Community Marketplace. The Moorpark Municipal Code requires a Conditional Use Permit (CUP) for permanent auto sales in the Industrial Park (M-1) Zone. Therefore, the proposed use would not be allowed under a TUP and this application must be rejected at this time. Concurrently, a Sign Permit application was submitted by your agent for two roof signs: one facing State Route 23 and another facing Los Angeles Avenue. The Moorpark Municipal Code expressly prohibits roof signs. A "roof sign" is defined as a sign affixed on, above, over, or through the roof of any building or structure which projects above the eave line or parapet wall of the building or structure. This application must also be rejected at this time, however, additional wall signs would be considered. At this time, Check No. 7490 for $390.00 and Check No. 7492 for $200.00 are being returned to you, including the original Temporary Use Permit application and Sign Permit application. Please contact me at (805) 517-6226 to schedule a meeting to discuss Conditional Use Permit (CUP) and '•n requirements, or if you have further questions. 'es.- ft J•,- • i- P • Manager Enclosures C: Steven Kueny, City Manager Deborah S. Traffenstedt, Assistant City Manager David A. Bobardt, Community Development Director John Newton, Applicant Representative \\DC1113epartment Share\Community Development\DEV PMTS\ADMIN PMTS120131AP 2013-19 Asadurian Community Marketplace\Correspondence\TUP and Sign Permit Denial Letter.docx JA NICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM Mayor Councilmember Councilmember Councilmember Councilmember PC ATTACHMENT 4 12 y CITY OF MOORPARK �O� � APPEAL OF DECISION OF COMMUNITY DEVELOPMENT �� DIRECTOR OR PLANNING COMMISSION 40# impart DECISION (SECTION 17.44.090 MOORPARK MUNICIPAL CODE) APPELLANT: APPELLANT REPRESENTATIVE: (Name, Address, City, State, Zip) ' (Name, Address, City, State, Zip) .____1(///t) ,� zJ,a iJ®lJ Phone: 8-01r . � (7 Phone: Cell Phone: 6137? -- t)Y Cell Phone: Email: IJ e)fd� S.(),G'hEmail: PROJECT CASE NO.: 771 9 _/ (ii t1/4)o, .2Oi 1) PROJECT APPLICANT: 4040/%7 �%� 7P4 PROJECT ADDRESS: 7n 2 LS _1 4 4 APPEAL OF DECISION BY: )-COMMUNITY DEVELOPMENT DIRECTOR PLANNING COMMISSION DECISION BEING APPEALED: APPLICATION APPROVAL ENIA ircle One)(-47\7 -{-7 ' OTHER (Explain) / DATE OF DECISION: 4 1 44`1 REASONS FOR THE APPEAL: (If Appealing an Approval or Denial of an Application, Relate to Required Findings for Approval. A,�ttaachTadditonal sheets if needed.): 4%te� %I �C tsit � �� � �Y � f �- " d/r/ to i i i ' 14"1-/ --d .� 7 & . `icy /wgr �Cc', / f PC ATTACHMENT 5 13 Outlook.com Print Message Page 1 of 2 Print Close RE: Community Marketplace From: John(newtoncnslt@msn.com) Sent: Mon 6/08/15 12:46 PM To: David Bobardt(dbobardt@moorparkea.gov) Cc: Steve Kueny(skueny@ci.moorpark.ca.us) Bcc: Manny Asadurian,Jr. (majr747@aol.com) So as to help you help us,please refer to the following sections of your Municipal Code with respect to the 2 applications rejected by your staff member Joe Fiss: Section 17.20.060 F.4: States that Temporary Uses including but not limited to..."outdoor sales"... require a TUP, which is what was submitted for the Auto Fair proposal. It did include inside the warehouse use which we would now withdraw at this time. The time period proposed was for weekends during the same hours CM operates.This same section provides that Temporary Uses lasting more than 180 days would require an AP. We would therefore limit the Auto Fair TOP to 6 months. The whole idea here is to test the use to see if it can be a successful accessory to the CM operation. If it works out then the AP would be applied for. Section17.40.110 A. 3: States that Wall Signs for building/tenant(more than 10,000 square feet of floor space) Shall be affixed to the building wall.or eave or overhang facing a parking area or street frontage or may be designed and incorporated into the "roof." Section 17.40.020 defines "Roof Sign: means a sign affixed on, above,over or through the roof of any building or structure which L______ projects above the eave line or parapet wall of the building or structure." So,it is clear the code provides for roof signs similar to the ones we proposed to be attached to the parapet walls rising high enough to be seen from the 23/118 Freeway and L.A. Avenue. Please advise whether we can resubmit the Auto Fair TMP and the Sign Permit applications as proposed. John Newton,John W.Newton&Associates,Inc.,Land Use Consultants/Broker#00925471, 159 Moonsong Court, Post Office Box 471,Moorpark,CA 93021. T-805.529.3494 F- 805.529.7604newtoncnslt@msn.com 14 17.40.010 Chapter 17.40 D. Enable the fair and consistent enforcement of these sign requirements; SIGN REGULATIONS E. Generally limit commercial signage to on-site locations in order to protect the aesthetic environment Sections: from the visual clutter associated with the unrestricted 17.40.010 Purpose. proliferation of signs, while providing channels of 17.40.020 Definitions. communication to the public; 17.40.030 Applicability. F. Regulate signs in a manner so as to not physi- 17.40.040 General provisions. cally interfere with or obstruct the vision of pedestrian 17.40.050 Signs not requiring a sign or vehicular traffic; permit. G. Protect and improve pedestrian and vehicular 17.40.060 Administration. traffic safety by balancing the need for signs that facili- 17.40.070 General location,height and tate the safe and smooth flow of traffic (e.g., direc- area standards. tional signs and on-site signs) without an excess of 17.40.080 Design,material,construction signage which may distract drivers or overload their and maintenance standards. capacity to quickly receive information; 17.40.090 Temporary banners and signs H. Allow adequate opportunities for the communi- for city-sponsored events and cation of noncommercial and commercial speech; Moorpark nonprofit I. Respect and protect the right of free speech by organizations. sign display,while reasonably regulating the structural, 17.40.095 Temporary directional signs for locational and other noncommunicative aspects of special events in the old town signs, generally for the public health, safety, welfare commercial(C-OT),planned and specifically to serve the public interests in com- community(PC),and munity aesthetics,and traffic and pedestrian safety; institutional(I)zones. J. Implement the goals and policies of the city's 17.40.100 Permitted signage in residential, general plan,specific plans,design guidelines and mu- institutional,and open space nicipal code; zones. K. Encourage signs that are appropriate to the land 17.40.110 Commercial/industrial zones. use zone in which they are located and consistent with 17.40.120 Downtown specific plan area. the permitted uses of the subject property; 17.40.130 Prohibited signs. L. Establish sign sizes in relationship to the scale 17.40.140 Legal nonconforming signs. of the parcel and building on which the sign is to be 17.40.150 Unsafe signs. placed or to which it pertains; 17.40.160 Nuisance and abatement, M. Regulate signs in a constitutional manner, enforcement and penalties. which is content-neutral as to noncommercial signs 17.40.170 Appeals. and viewpoint-neutral as to commercial signs. All ad- ministrative interpretations and discretion are to be 17.40.010 Purpose. exercised in light of this policy and consistent with the The purposes and intent of the regulations in this purposes and intent stated in this section.(Ord.332 §3 chapter are to: Exh. 1 (part),2005) A. Promote signage which allows for easy identi- fication of businesses and occupancies while compre- 17.40.020 Definitions. hensively addressing community aesthetic concerns Words and phrases used in this chapter have the about visual clutter and visual blight; meanings set forth in this section. Words and phrases B. Maintain and enhance the city's appearance by not defined in this section, but defined in Chapter regulating the design, character, location, number, 17.08 of this title, are given the meanings set forth in type, quality of materials, size, illumination and main- Chapter 17.08 of this title. tenance of signs; "A-frame sign" means a sign, temporarily or per- C. Limit the size and number of signs to levels manently affixed to the ground,which is constructed in that reasonably allow for the identification of a resi- such a manner as to form an "A" or tent-like shape, dential, public or commercial location and the nature fastened or not at the top, with each face held at an of any such commercial business; appropriate distance by a supporting member. 359 (Moorpark Supp.No.19,6-10) PC ATTACHMENT 6 15 17.40.020 "Abandoned sign" means any sign which is no changes or appears to change. Time and temperature longer in use or identifies or pertains to a business, devices are not considered flashing signs. occupancy or use that no longer exists. "Freestanding sign" means any sign supported by "Animated sign" means any sign that uses move- one (1) or more upright poles or rock, block, or ma- ment, lighting, or special materials to depict action or sorry base in or upon the ground, other than an out- create a special effect to imitate movement. Time and door advertising structure, and not attached to a build- temperature devices are not considered animated signs. ing. "Banner" means any temporary sign of lightweight "Fuel pricing sign" means a sign indicating, and fabric or similar flexible material which projects from limited to, the brand or trade name, method of sale, or hangs from a building, pole or wire affixed to the grade designation and price per gallon of gasoline or ground or to a building. Banners include, but are not other motor vehicle fuel offered for sale on the prem- limited to,pennants,flags affixed vertically or horizon- ises, and such other information as may be required by tally.Banner does not include a single state or country law. flag. "Hand-held sign" means a sign that is held by or "Business frontage"means that portion of the build- otherwise mounted on a person. For the purposes of ing or tenant space which is predominately oriented this chapter, a hand-held sign does not include a non- toward a public or private right-of-way, courtyard, commercial sign. pedestrian access,parking lot or parking lot drive aisle. "Holiday sign or display" means a temporary sign "Campaign sign" means a sign that is designed to or display erected in recognition of any religious support the passage or defeat of any measure on a bal- and/or city,state or federally recognized holiday. lot or to influence voters with respect to the nomina- "Illegal sign"means: tion, election, defeat, or removal of a candidate from 1. Any sign originally erected or installed without public office at any national,state,or local election. first complying with all structural, locational, design, "Commercial message"means any wording,logo or building,and electrical regulations in effect at the time other representation that, directly or indirectly,names, of its construction or installation; advertises or calls attention to a business,product, ser- 2. Any commercial sign that is not maintained,or vice or other commercial activity. is not used to identify or advertise an ongoing busi- "Commercial sign"means any sign, wording, logo, ness,occupancy,product, good or service available on picture, transparency, mechanical device or other rep- the site of the sign for more than ninety(90)days; resentation that is intended to attract attention to a 3. Any unsafe sign; commercial or industrial business,occupancy,product, 4. Any legal nonconforming sign that has not good, service, or other commercial or industrial activ- been removed following the expiration of any applica- ity for a commercial or industrial purpose. ble amortization period provided in this code;and "Construction sign"means a temporary sign denot- 5. Any sign that is in violation of the provisions of ing the architects, engineers, owners, lenders, contrac- this chapter. tors, future tenants and others associated with a con- "Incidental property-related sign" means a nonillu- struction project,but,which contains no other advertis- minated sign indicating credit cards accepted, trade ing matter. affiliations, no solicitation, no trespassing, nameplates "Directional sign"means any sign which guides the and similar property-related matters. reader to a specific location. "Legal nonconforming sign"means any sign which "Director" means the community development di- was approved by the county prior to city incorporation rector or any person designated by the director to act in or approved by the city and erected or installed in the director's behalf. compliance with all structural, locational, design, "Erect" means to build, construct, attach, hand, building, and electrical regulations at the time of its place,suspend or affix to or upon any surface. erection or installation,but which no longer conforms "Flashing sign" means any sign which, by method to the provisions of this chapter. or manner of illumination, flashes, winks or blinks "Logo" means any symbol of any color or shape with varying light intensity, shows motion, or creates that is used by itself or in conjunction with text to iden- the illusion of motion; revolves in a manner to create tify the business. Logos which are comprised of text the illusion of being on or off; changes color or ap- only shall be considered as text only. pears to change color or where the intensity of light "Marquee sign" means any changeable copy, in- cluding electronic copy, sign attached fastened or (Moorpark Supp.No,19,6-10) 360 16 17.40.020 mounted on a permanent roof-like structure projecting from a wall of a building. "Menu board sign"means a wall or monument sign displaying a list of items available with prices at a drive-through business for the purpose of taking drive- through orders. "Mobile sign" means the use of a moving trailer, automobile, truck, or any other vehicle to display commercial 360-1 (Moorpark Supp.No.19,6-10) 17 17.40.020 or noncommercial messages primarily for advertising pur- "Real estate sign"means any temporary sign that re- poses unrelated to the principal use of such vehicle. lates to the sale,lease or exchange of all or a portion of the "Monument sign"means a sign that is completely self- premises upon which it is located,not including permanent supporting,has its sign face or base on the ground,and has signs with rental or leasing information. no air space, columns or supports visible between the "Rider"means any advertisement device attached to a ground and the bottom of the sign. sign which projects or is outside of the area of the sign. "Moorpark nonprofit organization"means an organiza- "Roof sign"means a sign affixed on, above, over, or tion chartered in the city of Moorpark in accordance with through the roof of any building or structure which pro- applicable state and federal laws,rules and regulations. jects above the eave line or parapet wall of the building or "Neighborhood identification sign" means an on-site structure.On buildings with mansard roofs,the roof shall sign that identifies a residential subdivision or area of be determined to be the eave line of the mansard. Signs common interest,but contains no other advertising copy. projecting above the eave line on a building with a man- "Neon sign"means a sign consisting of an internally sard roof where the sign has been architecturally integrated illuminated glass tube which is bent to form letters,sym- into the design of the mansard are not considered a roof bols or other shapes. sign. . "Noncommercial sign" means a sign that does not "Sign means any device,fixture,placard or structure, name,advertise or call attention to a commercial or indus- including its component parts,which draws attention to an trial business,commodity,product,good,service or other object,product,place,activity,opinion,person,institution, commercial or industrial activity for a commercial or in- organization, or place of business, or which identifies or dustrial purpose. promotes the interests of any person and which is to be "Off-site sign"means a commercial sign not located on viewed from any public street, road, highway, right-of- the site of the business or entity indicated or advertised by way or parking area. The following are not within the the sign, or a commercial sign advertising a commodity, definition of"sign" for the regulatory purposes of this good, product, service or other commercial or industrial chapter: activity which originates on a site other than where the 1. Signs required on private property consistent with sign is located. the requirements of the California Vehicle Code; "On-site sign" means any commercial sign which di- 2. Any public or legal notice required by a court or rects attention to a commercial or industrial occupancy, public agency; • business, commodity, good, product, service or other 3. Memorial tablets or signs not exceeding two(2) commercial or industrial activity conducted, sold or of- square feet,including those indicating names of buildings fered upon the site where the sign is maintained.For the and dates of construction,when cut into a masonry surface purposes of this chapter, all signs with noncommercial or inlaid so as to be part of the building; messages are deemed to be"on-site,"regardless of loca- 4. Signs required to be maintained by lawor gov- tion. ernmental order, rule or regulation, with a total surface "Permanent sign"means any sign which is intended to area not exceeding ten (10)square feet, except as other- be and is so constructed as to be of lasting and enduring wise required by law; condition, remaining unchanged in character, condition 5. Street address numbers with a total surface area (beyond normal wear and tear)and position and in a per- not exceeding two(2)square feet per address; manent manner affixed to the ground,wall or building. 6. Signs placed or required by a public utility for • "Portable sign" means a freestanding sign that is not public safety; . permanently affixed, anchored or secured to either the 7. Holiday signs or displays on commercial or indus- ground or a structure on the premises it is intended to oc- trial buildings; cupy, but does not include hand-held signs. For the pur- 8. Signs erected for city-sponsored and co-sponsored poses of this title,a portable sign does not include a non- events; commercial sign. 9. Noncommercial flags not exceeding thirty (30) "Projecting sign"means a sign mounted perpendicular square feet for each lot in a residential zone or seventy- to the wall or building face or structure. five(75)square feet for each lot in a commercial or indus- "Pylon sign" means a freestanding sign, other than a trial zone,provided that the pole or other structure upon monument sign, in which the sign face is separated from which they are flown meets applicable setback and height ground level by means of one(1)or more supports such as limitations of the zone in which it is located. poles,pole covers or columns. 361 (Moorpark Supp.No.9,3-06) 18 17.40.020 "Subdivision directional sign"means a sign utilized for sign type specified in this chapter.A permit is required for the purpose of indicating the flow of traffic or travel to a permanent noncommercial sign if there is no permit for reach a specific residential subdivision, and the copy of the permanent commercial sign.For purposes of this chap- which is limited to identifying the subdivision together ter,all noncommercial speech messages are deemed to be with specific directions to enable the traveler to locate the "on-site." subdivision. D. Substitution of Noncommercial Message. With "Subdivision sale sign" means a temporary sign that prior consent of the property owner or person in control or contains the name of,and information relating to,a subdi- possession of the property, a noncommercial message of vision being offered for sale or lease for the first time,but any type may be substituted for all or part of the commer- contains no other advertising copy. cial or noncommercial message on any sign allowed under "Temporary sign"means any sign constructed of cloth, this chapter.No special or additional approval is required canvas, light fabric, cardboard,wallboard,wood or other to substitute a noncommercial message for any other mes- light materials,with or without frames,intended to be dis- sage on an allowable sign, provided the sign structure is played for a limited period of time, including banners as already approved or exempt from the approval requirement defined in this section. and no structural or electrical change is made. When a "Unsafe sign"means a dangerous structure or compo- noncommercial message is substituted for any other mes- nents as set forth in Chapter 15.0&of this code. sage,however,the sign is still subject to the same design, "Window sign" means any sign that is affixed to the locational and structural regulations(e.g.,color,materials, interior side of a window and is visible from the exterior of size, height, illumination, maintenance, duration of dis- the window, including open/closed signs. (Ord. 332 §3 play, etc.) as well as all building and electrical code re- Exh. 1 (part),2005) quirements,as would apply if the sign were used to display a commercial message. In the event of any perceived or 17.40.030 Applicability. actual conflict between the general provisions of this sub- This chapter regulates signs located on private property section and any other specific provisions in this chapter, within all land use zones of the city and on property owned the provisions of this subsection will prevail. , by public agencies other than the city and over which the E. Substitution of Commercial Messages.The substi- city has zoning and land use regulatory power. Except tution of one (1) commercial message for another corn- where otherwise expressly provided in this chapter, all mercial message is not automatically allowed nor is the signs located in such areas of the city must be erected and free substitution of a commercial message in a place where maintained in conformity with this chapter.(Ord.332 §3 only a noncommercial message is allowed.In addition,no Exh. 1 (part),2005) off-site commercial messages may be substituted for on- site commercial messages. 17.40.040 General provisions. F. Legal Nature of Sign Rights and Duties. All A. Sign Permit Required. Except as otherwise ex- rights, duties and responsibilities related to permanent pressly provided in this chapter,it is unlawful for any per- signs are attached to the land on which the signs are son to place, erect, structurally or electrically alter (not erected or displayed and run with the land or personal including a change in sign copy or sign face). move or property.The city may demand compliance with this chap- display any temporary or permanent sign without first ob- ter and with the terms of any sign permit from the permit taming a sign permit from the community development holder,the owner of the sign,the property owner or person department in accordance with the provisions of this chap- in control or possession of the property, or the person ter.No sign permit is required for cleaning or other normal erecting the sign. (Ord.332 §3 Exh. 1 (part),2005) maintenance of a properly approved sign,unless a struc- tural or electrical change is made. 17.40.050 Signs not requiring a sign permit. B. Owner's Consent Required.Property owner con- The following signs do not require a sign permit under sent or consent of the person in control or possession of Section 17.40.060,Administration,of this chapter nor will the property is required before any sign may be erected on the-area of such signs be included in the maximum area of any private property within the city. signs permitted; however, each such sign must comply C. Noncommercial Signs.Noncommercial signs are with all applicable requirements of this chapter.The intent allowed wherever commercial or industrial signage is of this section is to avoid unnecessary or time-consuming permitted and are subject to the same standards and total review procedures where certain permitted signs are minor maximum allowances per site, building or tenant of each or temporary,or the erection of such sign does not require (Moorpark Supp.Na.9,3-06) 362 19 17.40.050 review for compliance with the city's building or elec- 1. After receiving a complete sign permit applica- trical codes. tion, except for those sign permits that require planning A. Campaign signs; commission or city council approval, the director shall B. Construction signs permitted by Section cause the application to be reviewed and render a written 17.40.100(D)of this chapter; decision to approve or deny the application within fif- C. Hand-held noncommercial signs; teen(15)calendar days. D. Incidental property-related signs that do not ex- 2. Determinations on sign permit applications are to ceed two (2) square feet in area, such as traffic direc- be guided by the standards and criteria set forth in this tional signs; chapter.An application shall be approved whenever the E. Real estate signs permitted by Sections proposed sign conforms to all design, size, height and 17.40.100(F)and 17.40.110(G)of this chapter; other standards for signs subject to a permit requirement, F. Temporary freestanding noncommercial signs as such requirements are set forth in this chapter. permitted by Section 17.40.100(E)of this chapter; 3. The director may refer certain sign permit appli- G. Window signs permitted by Sections cations to the planning commission for review. Such 17.40.110(B)(7) and (8) of this chapter. (Ord. 332 §3 referral should be made within ten (10) days of a corn- Exh. 1 (part),2005) plete application and acted upon by the planning com- mission within sixty (60) days or concurrent with any 17.40.060 Administration. related and required project approval that is presented to A. Purpose.The purpose of a sign permit is to help the planning commission. The planning commission's ensure compliance with the provisions of this chapter, in approval may be conditional so as to ensure compliance particular,the provisions regulating the design,illumina- with the purposes and provisions of this title. tion,location,materials,number,size and type of sign. 4. An application may be granted either in whole or B. Sign Permit Application Process. in part when more than one (1) sign or location is pro- 1. Where specifically required by this chapter, an posed by an applicant. When an application is denied in application for a sign permit must be made in writing on whole or in part,the determination of the director,plan- the form provided by the community development de- ning commission,or city council must be in writing and partment and accompanied by any required materials, must specify the grounds for such denial.Appeals of the plans and exhibits, and the fee paid as established by determination of the director or planning commission city council resolution. shall be in accordance with the provisions of this title. 2. The director shall initially review the application D. Sign Permit Review—Master Sign Programs, to determine if it contains all the information and items Modifications,and Variances. required by the provisions of this chapter and may be 1. Master Sign Programs. The director has the au- deemed complete. thority to establish master sign programs with specific 3. All notices required by this chapter are deemed design standards to enable reasonable flexibility for given upon the date any such notice is either deposited unique circumstances and special design themes per in the United States mail or the date upon which per- Section 17.40.110(B)of this chapter. sonal service of such notice is provided. 2. Exceptions to Regulations. The,director may 4. No sign permit application will be accepted if: . grant an administrative exception for signs deviating a. Each illegal sign has not been legalized,removed from the provisions of this chapter or any limitations or included in the application; imposed upon the use or general design of the sign and b. There is any other existing code violation located may authorize modifications from the permitted sign on the site of the proposed sign that has not been cor- area,height or setback requirements consistent with the rected or abated at the time of the application; provisions of Chapter 17.44,Application Review Proce- c. The sign permit application is substantially the dures,of this title. same as an application previously denied, unless: (i) 3. Variances. The planning commission may grant twelve (12) months have elapsed since the date of the variances from the provisions of this chapter for the last application,or(ii)new evidence or proof of changed erection and maintenance of signs when difficulties, conditions is furnished in the new application; unnecessary hardship or results inconsistent with the d. The applicant has not submitted for processing general purpose of this chapter would otherwise occur or obtained any applicable use permit. and would deprive the owner of rights enjoyed by oth- C. Standard Sign Permit Review Process. ers. The application, review process, and required find- ings for a sign variance will follow the applicable proce- 363 (Moorpark Supp.No.18,12-09) 20 17.40.060 • dures set forth in Chapter 17.44, Application Review ing a series of no more than eight(8) straight lines en- Procedures,of this title. closing the area of the message. E. Time Limit. Signs authorized by a permit issued ic pursuant to this chapter shall be erected and have ob- i 2 tained a final inspection within one (1)year of the issu- v... ance of the permit; otherwise, the approval will be nullJOE.s r„ and void. ,, Y 7 - - a1#y F. Revocation of a Sign Permit. Subject to the pro- M w s `i a visions of this title,the director may revoke any permit approval upon refusal of the permit holder to comply (Ord. 332 §3 Exh. 1 (part),2005) with the provisions of this chapter after written notice of • noncompliance and at least fifteen (15) days' opportu 17.40.080 Design,material,construction and nity to cure. (Ord.332§3 Exh. 1 (part),2005) maintenance standards. Each permanent approved sign shall comply with the • 17.40.070 General location,height and area following standards: standards. A. Materials and Colors. All permanent signs shall A. Location Standards. be constructed of durable materials that are compatible 1. All freestanding signs,including pylon signs and in appearance to the building supporting or identified by monument signs shall be located entirely within the the signs. Sign colors and materials shall be selected to property on which the business is located. be compatible with the existing building designs and 2. Except as specifically provided in this chapter, shall contribute to legibility and design integrity. no sign may be located upon or project over a public B. Relationship to Buildings. Each permanent sign right-of-way. located upon a site with more than one (1) main build- 3. Except as specifically provided in this chapter, ing, such as a commercial, office or industrial complex no sign may extend above the eave line or parapet or the shall be designed to incorporate the materials common lowest point on the sloping roof of the building on or similar to all buildings. which it is located. C. Relationship to Other Signs.Where there is more 4. Signs must be designed and located so as not to than one (1) sign on a site or building, all permanent interfere with the unobstructed clear view of the public signs must have designs that similarly treat or incorpo- right-of-way and nearby traffic regulatory signs or any rate the following design elements: • pedestrian,bicyclist or motor vehicle driver. 1. Type of construction materials; 5. All signs authorized under this title must be 2. Sign/letter color and style of copy; placed on the side of the property facing on a public or 3. Method used for supporting sign (i.e., wall or • private right-of-way. ground base); 13. Wall Sign Height. Wall sign height will be 4. Sign cabinet or other configuration of sign area; measured using the greatest vertical measurement from 5 Illumination;and grade level along the base of the sign structure to the 6. Location. highest point of the sign. Sign height will be measured D. Sign Illumination.Illumination from or upon any from the elevation of the top of the curb.fronting such sign shall be shaded, shielded,directed or reduced so as sign when within ten (10) feet of a street property line. to minimize light spillage onto the public right-of-way When a sign is set back from a property line more than or adjacent properties,and in no event shall illumination ten(10)feet, sign height will be measured from the ele cause such excessive glare as to constitute a potential vation of the ground level surrounding the base of the hazard to traffic safety. Externally illuminated signs sign. shall be lighted by screened or hidden light sources. C. Sign Area Computation. Sign area will be corn- E. Construction. Every sign, and all parts,portions puted by drawing a series of no more than eight (8) and materials thereof, shall be manufactured, assembled straight lines enclosing the entire perimeter of the sign, and erected in compliance with all applicable state,fed- including all text,emblems,arrows,ornaments,logos,or eral and city regulations including the city's building other media. Where individual letters or symbols are code and electrical code.Except for temporary signs and attached directly to the building surface, the sign area window signs,signs shall be constructed of durable ma- shall be the total area of the message computed by draw terials and securely affixed to the ground,a building,or (Moorpark Supp.No.18,12-09) 364 21 17.40.080 structure. Under no circumstances shall a permanent shall not exceed four(4)square feet in area and three(3) sign have an exposed back,exposed wires or conduit. feet in height. Directional signs shall not be located in F. Maintenance. Every sign and all parts, portions the public right-of-way unless an encroachment permit and materials shall be maintained in good repair. The is issued. A total of twenty (20) signs are allowed per display surface of all signs shall be kept clean, neatly event. The directional signs shall not be installed earlier painted, and free from rust,cracking,peeling,corrosion, than one(1)calendar day prior to the event and shall be graffiti or other states of disrepair. This maintenance removed within three (3) calendar days following the obligation includes the replacement of malfunctioning or event.(Ord. 332 §3 Exh. 1 (part),2005) burned out lamps, replacement of broken faces, repaint- ing of rust, chipped or peeling structures or faces within 17.40.095 Temporary directional signs for fifteen(15) calendar days following written notification special events in the old town by the city.When there is a change or discontinuance of commercial(C-OT),planned a business or occupancy such that a sign no longer community(PC),and institutional represents a place of business or occupancy, the sign (I)zones. shall be removed or the name of the prior business or Temporary directional signs for special events, such occupant either removed, or the sign face covered in a as festivals, farmers' markets, and other events held in manner that blends with the building or supporting the old town commercial (C-OT), planned community structure. (PC) and institutional (I) zones, for which a temporary G. Restoration of Building or Property Upon Sign use permit or administrative permit has been granted,are Removal. Within thirty (30) calendar days of the re- permitted on commercial and industrial-zoned property moval of a sign from a building wall or from the with written permission of the property owner. The grounds of the premises if a freestanding sign, the wall signs must be A-frame or other portable type, designed of the building or the grounds of the premises shall be in a professional manner, and must not exceed four (4) repaired and restored to remove any visible damage or square feet in area and three (3) feet in height. Signs blemish left by the removal of the sign. (Ord. 332 § 3 may be double-faced. Directional signs must be located Exh. 1 (part),2005) at least fifty(50) feet from the end of a curb return at a street corner and may not be located in the public right- 17.40.090 Temporary banners and signs for of-way. A maximum of one (1) sign per property and a city-sponsored events and Moorpark total of ten(10) signs are allowed per event. Signs may nonprofit organizations. only be installed during the day of the event and must be The purpose of this section is to provide additional removed within two (2) hours following the end of the signage opportunities for advertising annual or one (1) event. For a multi-day event, the temporary directional time events that provide a direct benefit to the residents signs must be removed within two (2) hours following of Moorpark. Events sponsored by Moorpark nonprofit the end of each day's activities. (Ord. 384 § 2 Exh. A, organisations are permitted the following signs: 2010) A. Temporary freestanding, wall-mounted or win- dow banners are permitted on commercial and indus- 17.40.100 Permitted signage in residential, trial-zoned property,with the permission.of the property institutional,and open space zones. owner.A total of ten(10)banners are allowed per event In addition to any other signage permitted under this and only one (1) per lot or site. The banners shall not chapter or code, the following signage is permitted in exceed twenty (20) square feet in area and shall be af- residentially zoned properties, including institutional fixed to either a building, wall, or staking. No banner uses such as religious establishments,and for residential shall be affixed above the roof eave line or on the roof. properties in commercial, industrial, or open space The banners shall not be installed earlier than fifteen zones, but used for residential purpose, subject to the (15) calendar days prior to the event and shall be re- applicable regulations set forth in the table in this sec- moved within three (3) calendar days following the tion. event. No subsequent event signing shall be permitted on the same site for a minimum of thirty (30) calendar days. B. Temporary Directional Signs. Directional signs on commercial and industrial-zoned property are permit- ted with the permission of the property owner.The signs 365 (Moorpark Supp.No.19,6-10) 22 • 17.40.100 RESIDENTIAL,INSTITUTIONAL,AND OPEN SPACE ZONES Sign Type Sign Location Maximum Sign Area, Other Regulations Height,and Width A. Residential,single-family. 1. Name plates(no sign Within the front yard setback. Area:Two(2)square feet per Number:One(1). permit required) face.Signs may be double- Design:Limited to a wall or faced. freestanding sign. Height:Six(6)feet. Illumination:None. 2. Neighborhood At primary entrances as Area:Thirty-two(32)square Number:Two(2)per primary identification determined by the community feet. entrance. development director. Height:Eight(8)feet. Illumination:None. Maintenance:Shall be maintained by the homeowners'association or other responsible party approved by the community development director. B. Residential,multiple- family. 1. Monument sign Front yard or street side yard Area:Twenty-four(24)square Number:One(1)per street of a corner lot,provided it is a feet per side.Signs may be frontage. minimum of five(5)feet from double-far/A Illumination:External. the front yard or street side Height:Six(6)feet. Landscaping:Minimum of yard property line. four(4)feet of landscaping surrounding sign. 2. Directory signs In a central location within a Area:Fifteen(15)square feet. Number:Approved by sign courtyard,or at the entrance to Height:Five(5)feet. permit. the buildings. Width:Three(3)feet. Illumination:Internal. C. Institutional including but not limited to religious institutions,private schools, clubs,lodges. 1. Monument sign Front yard or street side yard Area:Twenty-four(24)square Number:One(1). of a corner lot,provided it is a feet per side.Signs may be Illumination:External. minimum of five(5)feet from double-faced. Landscaping:Minimum of the front yard or street side Height:Six(6)feet. four(4)feet of landscaping yard property line. surrounding sign. 2. Directory signs In a central location approved Area:Fifteen(15)square feet. Number:One(1). by the community Height:Five(5)feet. Design:Architecturally development director. Width:Three(3)feet. compatible to the building. Illumination:Internal or external. D. Construction signs. Freestanding construction sign Front or street side yard of a Area:Six(6)square feet per Number:One(1). on the site of a valid building corner lot placed a minimum side.Signs may be double- Illumination:None. permit(no sign permit of five(5)feet from the faced. Duration:Within seven(7) required) required front or street side Height:Eight(8)feet calendar days afterthe issuance of yard. a final building permit,the sign shall be removed. (Moorpark Supp.No.19,6-10) 366 • 23 17.40.100 • RESIDENTIAL,INSTITUTIONAL,AND OPEN SPACE ZONES(continued) E. Temporary freestanding signs. • 1. On-site signs including On private property and not Dimension:Two feet by two Number:One(1). garage and yard sale signs(no located in the public right-of- feet(2 x 2). Duration:No time limit if the sign permit required;posting way.Signs placed on private Height:Three(3)feet. sign has a noncommercial of signs in the public rights-of- property require written message.Garage and yard sale way,including on light poles, authorization from the signs limited to sale days, utility Eoles,traffic signals, property owner. maximum duration and street signs and sign posts, number of sale days per year • warning signs and any other as specified in Chapter 17.28 signs in the public rights-of- of this title,must be removed way is prohibited) at the close of the sale activities each day. 2. Off-site garage and yard On private property and not Dimension:Two feet by two Number:Six(6). sale signs(no sign permit located in the public right-of- feet(2 x 2). Duration:Limited to sale days, required;posting of signs in way.Signs placed on private Height:Three(3)feet. maximum duration and the public rights-of-way, property require written number of sale days per year including on light poles,utility authorization from the as specified in Chapter 17.28 poles,traffic signals,street property owner. of this title,must be removed signs and sign posts,warning at the close of the sale signs and any other signs in activities each day. the public rights-of-way is prohibited) F. Temporary real estate signs on properties for lease or sale. 1. Real estate signs for single- Front yard or street side yard Area:Six(6)square feet per Number:One(1). family residential homes in the of a corner lot,provided it is a side.Signs may be double- Illumination:None. residential open space or minimum of five(5)feet from faced. institutional zones(no sign the front yard or street side Height:Six(6)feet. permit required) yard property line.The signs shall be securely attached to a wall,building or freestanding. 2. Open house directional At least fifty(50)feet from the Area:Four(4)square feet per Number:Five(5). signs for single-family homes end of the curb return at a side.Signs may be double- Design:Limited to displaying (placement in the public right- street corner.One(1)sign at faced. "Open House,"an arrow,the of-way requires the issuance each location.The signs shall Height:Three(3)feet. residence address,and of an annual encroachment not be fastened or attached in business name. permit) any way to a building, illumination:None. architectural element,wall or Duration:Restricted from 7:00 any street fixture. a.m.to 6:00 p.m.on caravan day and on Saturdays and Sundays. 3. Real estate signs for Front yard or street side yard Area:Up to thirty-two(32) Number:One(1)per street multiple-family homes of a corner lot,provided it is a square feet per side.Signs frontage,up to a maximum of minimum of five(5)feet from may be double-faced. three(3). the required front yard or Height:Eight(8)feet. Illumination:None. street side yard property line. Duration:These signs are not The sign shall be securely intended to be permanent and affixed to a wall,building or shall be restricted to only freestanding. when rental units are available for lease or rent. • 367 (Moorpark Supp.No. 16,9-08) 24 17.40.100 RESIDENTIAL,INSTITUTIONAL,AND OPEN SPACE ZONES(continued) G. Subdivision sale signs and model home flagpoles. • 1. Subdivision sale off-site On vacant residential, Area:Thirty-two(32)square Number:Four(4). signs commercial or industrially feet per side.Signs may be Design: The signs shall zoned property with written double-faced. advertise only tracts located permission of the property Height:Ten(10)feet. within the city. owner.No tract sign shall be Illumination:None. placed within five hundred Duration:After recordation of (500)feet of any other tract a final tract map,signs may be sign. erected for a maximum of eighteen(18)months from the date of issuance of the sign permit for such sign or until all lots have been sold, whichever occurs first.The community development director may grant six(6) month extensions. Maintenance:A deposit for removal of each sign shall be • required as part of the sign • permit. 2. Subdivision sale on-site signs One(1)sign per major street Area:Thirty-two(32)square Number:Two(2). entrance to the site. feet per side.Signs may be Design:The signs shall double-faced. advertise only tracts located Height:Ten(10)feet. within the city. Illumination:None. Duration:After recordation of a final tract map,signs may be erected for a maximum of eighteen(18)months from the date of issuance of the sign permit for such sign or until all lots have been sold, • whichever occurs first.The community development director may grant six(6) month extensions. Maintenance:.A deposit for removal of each sign shall be required as part of the sign permit. 3. Subdivision and model Within two hundred(200)feet Area:Twelve(12)square feet Number:Six(6). home on-site flagpoles of the nearest model home and in area for each flag. Maintenance:To be well no closer than two hundred Height:Fourteen(14)feet for maintained and kept in good (200)feet of any occupied each pole.A maximum of two condition(i.e.,not tattered or residence.Poles shall be at (2)flagpoles per model home torn). least three(3)feet from the and one(l)flag per pole. tract boundary. • • (Moorpark Supp.No.16, 9-08) 368 • 25 17.40.100 RESIDENTIAL,INSTITUTIONAL,AND OPEN SPACE ZONES(continued) H. Campaign signs. Campaign signs Campaign signs may be Area:No.campaign sign may Number:Each parcel may (no permit required) placed in the front,side or rear exceed sixteen(16)square feet have one temporary yard of any parcel that fronts, in total area per face.Signs freestanding campaign sign for sides or rears on a public may be double-faced. each political candidate or street.No campaign sign may Height:No freestanding issue on each street frontage. be placed in or encroach into a campaign sign may exceed ten Duration:All campaign signs public right-of-way. (10)feet in height. must be removed within seven (7)days following the election for which they are intended.If not timely removed,the sign will be deemed to be abandoned and may be removed by the city without notice. Illumination:None. (Ord. 332 § 3 Exh. 1 (part),2005) 17.40.110 Commercial/industrial zones. In addition to any other signage permitted under this chapter or code, the following signs are permitted in commercial and industrial-zoned properties, except for those properties within the boundaries of the down- town specific plan(see Section 17.40.120 of this chap- ter)subject to the applicable regulations set forth in the table in this section.. COMMERCIAL/INDUSTRIAL ZONES Sign Type Sign Location Maximum Sign Area, Other Regulations Height,and Width A. Not within a center(three or less businesses on a single lot). 1: Monument signs One-half(1/2)of the required Area:Thirty-six(36)square Number:One(1)per street front or street side setback or feet per side.Signs may be frontage. four(4)feet,whichever is double-faced. Illumination:Internally in greater. Height:Six(6)feet. commercial zones.Internal or external in industrial zones. Landscaping:Surrounded by a minimum four-foot by four- foot(4 x 4)landscaped planter area. Copy:Eighteen(18)inch maximum letter height in commercial zones.Twenty- four(24)inch(maximum Ietter height)in industrial zones. • 369 (Moorpark Supp.No.16,9-08) 26 17.40.110 • COMMERCIAL/INDUSTRIAL ZONES(continued) 2. Wall signs for Affixed to the building wall, Area:Twenty(20)square feet Number:Three(3)signs per buildings/tenant(less than eave or overhang facing a per leasable space or 0.75 leasable space but no more 10,000 square feet of floor parking area,building square feet per lineal foot of than one(1)sign per leasable area) courtyard,exterior walkway or business/tenant frontage, frontage. street frontage. whichever is less. Illumination:Internal. 3. Wall signs for Shall be affixed to the building Area:One(1)square foot per Number:Three(3)signs,but building/tenant(more than wall,eave or overhang facing a lineal foot of business/tenant no more than one(1)per 10,000 square feet of floor parking area or street frontage or frontage. business/tenant frontage. space) maybe designed and Height:Shall not extend Illumination:Internal. incorporated into the roof(see beyond the roof line. roof definition). 4. Corporate flag Shall be flown on a flag pole at Area:Twenty-four(24)square Number:One(1)flag. a location approved by the feet. Illumination:None. community development Height:Shall not extend director. beyond the roof line. B. Centers(four or more businesses).A sign program shall be submitted to the community development director for review and approval prior to the erection of any sign. The program shall Show the location,style and type of • signage.The sign program shall include no more than four sign colors,excluding colors for • business logos.Business logos shall count in the calculation of sign area.(For centers with existing sign programs, conformance to the sign criteria of this subsection shall occur within twenty-four(24)months of the effective date of the - ordinance codified in this chapter.) 1. Monument signs One-half(1/2)of the required Area:Thirty-six(36)square Number:One(1)per street front or street side setback or feet per side.Signs may be frontage. four(4)feet,whichever is double-faced. Illumination:Internal in greater. Height:Six(6)feet. commercial zones.Internal or external in industrial zones. Landscaping:Four(4)foot wide planter surrounding sign. • • • • • (Moorpark Supp.No.16,9-08) 370 27 17.40.110 COMMERCIAL/INDUSTRIAL ZONES(continued) 2. Pylon signs for commercial One-half(1/2)of the required Area:Three hundred(300) Number:One(1)per street retail shopping centers of front or street side setback square feet. frontage. 50,000 square feet or larger area but no closer than four(4) Height:Twenty-four(24)feet. Sign Copy:Center name and located on Los Angeles feet from the property line, Width:Twelve(12)feet. the name of up to five(5) Avenue whichever is greater.Pylon tenants.The center name shall signs along the same side of not include any tenant name. Los Angeles Avenue shall be For centers with theaters, no closer than five hundred changeable copy signage (500)feet of one another. within the overall allowable sign square footage is permitted. Illumination:Internal,but no. exposed neon lighting or exposed bulb lighting. Landscaping:A minimum twelve-foot by twelve-foot(12 x 12)wide landscaped planter area surrounding the sign base. 3. Wall signs for major Shall be affixed to the building Area:One(1)square foot per Number:Three(3)signs,but building/tenant(more than wall,eave or overhang facing lineal foot of business/tenant no more than one(1)per 10,000 square feet of retail a parking area or street frontage. business/tenant frontage. space) frontage or may be designed Height:Shall not extend Illumination:Internal. and incorporated into the roof beyond the roof line. (see roof definition). 4. Wall signs for minor Shall be affixed to the building Area:One(1)square foot per Number:Three(3)signs,but building/tenant(less than wall,eave or overhang facing lineal foot of business/tenant no more than one per 10,000 square feet of retail a parking area or street frontage. business/tenant frontage. space) frontage or may be designed Height:Shall not extend above Illumination:Internal. and incorporated into the roof the roof line. (see roof definition). 5. Corporate flag Shall be flown on a flag pole Area:Twenty-four(24)square Number:One(1)flag per at a location approved by the feet center. community development Height:Shall not extend Illumination:None. director. beyond the roof line. 6. Under canopy signs Shall be mounted Area:Four(4)square feet. Number:One(1)per canopy. perpendicular to the business Height:Maintain a clearance Illumination:External. frontage using a flexible of not less than eight(8)feet device such as a chain or cable from the bottom of the sign to under the canopy. the walkway. 7. Directory signs for multi- In a central location within a Area:Fifteen(15)square feet. Number:Approved by sign tenant industrial,business or courtyard,or at the entrance to Height:Five(5)feet. permit. office centers the buildings,campus or Width:Three(3)feet. Illumination:External or center. internal. 8. Window signs(no sign Windows facing a parking Area:Twenty-five percent Design:No more than twenty- permit required and all signing area,courtyard or pedestrian (25%)of the total window five percent(25%)of any shall be on the interior side of passage way. area. window shall contain signing. the window) Illumination:None,except for neon signs. Limitations:If window signs are used in lieu of wall signs, no temporary window signs are allowed. 371 (Moorpark Supp.No.16, 9-08) • 28 17.40.110 COMMERCIAL/INDUSTRIAL ZONES(continued) 9. Temporary window signs Windows facing a parking Area:Twenty-five percent Duration:Fifteen(15)days (no sign permit required) area,courtyard or pedestrian (25%)of the total window per special event up to four(4) • passage way. area,not to exceed a total of times per calendar year with at fifty percent(50%)of the least thirty(30)days between window. events. Illumination:None. 10. Temporary banners Banners shall be securely Area:Twenty(20)square feet. Duration:Thirty(30)days for affixed to a building or wall Height:No higher than the grand openings.Fifteen(15) and not attached to trees or eave of the roof of the days per special event four(4) posts. building. times per calendar year with at least thirty(30)days between events. • C. Clocks and thermometers. Freestanding or wall-mounted On a building wall,monument Area:Twelve(12)square feet Number:One(1)per street or pylon sign. and without commercial frontage. display or advertisement. Design:Architecturally compatible to the building(s) design. Illumination:Internal. D. Drive-through restaurants. Menu board sign Adjacent to the drive-through Area:Sixteen(16)square feet Number:Two(2). queue. for each menu board, Illumination:Internal. Height:Eight(8)feet. E. Service stations. 1. Monument signs One-half(1/2)of the required Area:Thirty-six(36)square Number:One(1)per street front or street side setback feet per face. frontage. area but no closer than four(4) Double-faced signs may be Illumination:Internal. feet,whichever is greater. allowed. Landscaping:Four-foot by Height:Six(6)feet. four-foot(4 x 4)planter Width:Six(6)feet. surrounding sign. 2. Under canopy signs Shall be mounted Area:Twenty(20)square feet Number:One(1)per business perpendicular to the business per side.Signs may be double- frontage. . frontage using a flexible faced. Illumination:None. device such as a chain or cable Height:Eight(8)foot under the canopy. clearance from the bottom of the sign to the walkway. • F. Theater, 1. Marquee signs Front elevation. Area:Total sign area two Number:One(1). hundred(200)square feet, Illumination:Internal and with fixed copy area fifty(50) neon. square feet and changeable Mounting:Projecting from the copy area one hundred fifty front elevation wall.Any (150)square feet. projection over the public Height:Minimum of ten(10) right-of-way requires an feet to the bottom of the sign. encroachment permit. The top of the sign shall be at least four(4)feet lower than the ridgeline or plate line of the roof. 2. Freestanding changeable One-half(1/2)of the required Area:One hundred fifty(150) Number:One(1)sign per copy sign front or street side setback square feet. frontage. area but no closer than four(4) Height:Twenty-four(24)feet. Illumination:Internal. feet from the property line, Width:Twelve(12)feet. Landscaping:A minimum four whichever is greater. (4)foot wide landscaped planter area surrounding the sign base. • (Moorpark Supp.No.16,9-08) 372 29 17.40.110 COMMERCIAL/INDUSTRIAL ZONES(continued) 3. Wall signs Front and side elevations. Area:Twenty(20)square feet Number:One(1)per building per elevation. face. Height:No higher than the Illumination:Internal. wall on which it is located. 4. Now showing and coming Front elevation. Area:Twelve(12)square feet Number:Four(4). • attractions case signs for each sign. Design:Enclosed within a Height:Eight(8)feet to the lockable case architecturally top of the case in which sign is compatible to the building mounted. design. Illumination:Internal. Mounting:Parallel to the wall. G. Temporary real estate signs on properties for lease or sale. Freestanding,wall-mounted or Freestanding signs shall be Freestanding Sign Area: Number:One(1)freestanding window located in the required front or Thirty-two(32)square feet per sign per street frontage.One street side setback.Building face.Double-faced sign may (1)building sign per each sign shall be affixed to the be allowed. leasable space. building wall or displayed in Building Sign Area:Sixteen •Illumination:None. the window. (16)square feet. • Freestanding Sign Height: Eight(8)feet for freestanding signs. Building Sign Height:Not higher than the eave line of the roof. H. Campaign signs. Campaign signs(no sign Campaign signs may be Area:No campaign sign may Number:Each parcel may permits required) placed in the front,side or rear exceed thirty-two(32)square have one(1)temporary yard of any parcel that fronts, feet in area per face.A freestanding campaign sign for sides or rears on a public campaign sign may be double- each political candidate or street.No campaign sign may faced if it is placed issue on each street frontage. be placed in or encroach into a perpendicular to the right-of- Duration:All campaign signs public right-of-way. way. must be removed within seven Height:No freestanding (7)days following the election campaign sign may exceed ten for which they are intended.If (10)feet in height. not timely removed,the sign • will be deemed to be abandoned and may be removed by the city without notice. Illumination:None (Ord.332 § 3 Exh. 1 (part),2005) 17.40.120 Downtown specific plan area. B. Design Compatibility. The design of all signs A. In recognition of the unique character of the shall be compatible with the architectural character, the downtown area, a specific plan has been adopted. Sign- exterior materials and color(s) of the building. Sign col- age is an important component of the overall character ors shall also be compatible with the architecture of the of the downtown area, and therefore unique sign regula- building. Up to a maximum of three (3) colors may be lions have been created. Approval of new signs or modi- used. Materials used for the sign or the support struc- fication of existing signs shall conform with the re- tures of the sign may include, but are not limited to, quirements of this chapter and with the requirements of wood, wrought iron, and painted sheet metals (if the this section. entire surface is painted). 373 (Moorpark Supp.No.16,9-08) 30 17.40.120 • C. Sign Placement. Signs shall be located on the ited by Section 17.40.130 of this chapter, the following buildings in a manner that does not obscure the build- additional signs are prohibited: in g's architectural detail. 1. Pylon signs;and D. Lighting. All externally lighted sources shall be 2. Subdivision signs. shielded so light or glare is not directed toward sur- F. Signs Allowed in the Downtown Area. In lieu of rounding properties nor shall lighting 'be directed up- those signs allowed in commercial and industrial zones, ward to the sky. Creative and artistic applications of as set forth in Section 17.40.110 of this chapter, the fol- . neon used in signs and other graphics may be permitted. lowing signs are permitted in the downtown subject to E. Prohibited Signs.In addition to the signs prohib- the regulations set forth in this section. DOWNTOWN SPECIFIC PLAN AREA Sign Type Sign Location Maximum Sign Area, Other Restrictions Height,and Width 1. Monument signs for buildings with a fifteen(15) foot or greater setback. Monument signs One-half(1/2)of the required Area:Thirty-six(36)square Number:One(1)per street front or street side setback or feet per face.Double-faced frontage. four(4)feet,whichever is signs may be allowed. Copy:Eighteen(18)inch greater.The sign shall be Height:Six(6)feet. maximum letter height. located in the fifteen(15)foot Illumination:None. setback area. Landscaping:Four-foot by four-foot(4 x 4)planter surrounding sign. 2. Wall signs(not including temporary wall signs for markets). Wall signs Front,side and rear elevations. Area:Twenty(20)square feet Number:One(1)per building .per building tenant for front tenant for front elevations. elevations.One-half(1/2)square One(I)sign per building foot for each foot of side tenant for side and rear • buildingfrontage to a maximum elevations up to a maximum of of ten(10)square feet for side two(2)signs. and rear elevations. Illumination:Internal. • Height:No higher than the wall Copy:Eighteen(18)inch on which it is located. maximum letter height. Length:No greater than Mounting:Parallel to the wall seventy-five percent(75%)of and not projecting more than the length of the wall for front eight(8)inches. elevations. • • (Moorpark Supp.No.16,9-08) 374 31 17.40.120 DOWNTOWN SPECIFIC PLAN AREA(continued) 3. Theater signs. a. Marquee signs Front elevation. Area:Total sign area one Number:One(1). hundred forty(140)square Design:Architecturally feet,with fixed copy area compatible to the building(s) thirty(30)square feet and design that the sign identifies. changeable copy area one Illumination:Internal and hundred ten(110)square feet. neon. Height:Minimum of ten(10) Mounting:Projecting from the feet to the bottom of the sign. front elevation wall.Any The top of the sign shall be at projection over the public least four(4)feet lower than right-of-way requires an the ridgeline or plate line of encroachment permit. the roof. b. Wall signs Front and side elevations. Area:Twenty(20)square feet Number:One(1)per building per elevation. face. Height:No higher than the Design:Architecturally wall on which it is located. compatible to the building design. Illumination:Internal. Mounting:Parallel to the wall. c. Now showing and coming Front elevation. Area:Twelve(12)square feet Number:Four(4). attractions case signs for each sign. Design:Enclosed within a Height:Eight(8)feet to the lockable case architecturally top of the case in which sign is compatible to the building mounted. design. Illumination:Internal. Mounting:Parallel to the wall. 4. Temporary wall signs for food markets. Temporary wall signs Side elevation. Area:Seven(7)square feet Number: Six(6),evenly advertising market specials with maximum dimensions of distributed a minimum of (no sign permit is required) 3.5 feet by 2.0 feet. every ten(10)feet. Height:No higher than the Design:Within a frame which wall on which it is located oris architecturally compatible to eight(8)feet,whichever is the building(s)design. less. Illumination:None. Copy:Eighteen(18)inch maximum letter height. Mounting:Parallel to the wall and not projecting more than eight(8)inches. Duration:Two(2)weeks for each market special. • 374a (Moorpark Supp.No.16, 9-08) • 32 17.40.120 DOWNTOWN SPECIFIC PLAN AREA(continued) • 5. Projecting/hanging signs. _ a. Projecting or hanging signs Centered above the entrance to Area:Nine(9)square feet. Number:One(1)per business. the business and mounted Height:At least eight(8)feet Copy:Eighteen(18)inch perpendicular to the business but no higher than twelve(12) maximum letter height.Logos frontage. feet from the bottom of the are encouraged. sign to the grade below the Illumination:None. sign. Mounting:May hang over the public right-of-way with issuance of an encroachment permit. b. Barber poles On the primary business Area:Ten(10)square feet Number:One(1)per barber frontage as determined by the with maximum dimensions of shop. community development 2.75 feet by 3.5 feet. Illumination:None. director. Height:At least eight(8)feet Mounting:May hang over the but no higher than twelve(12) .public right-of-way with feet from the bottom of the issuance of an encroachment sign to the grade below the permit. sign. 6. Under canopy signs. Under canopy signs Centered above the entrance to Length:Seventy-five percent Number:One(I). the business and mounted (75%)of the lineal frontage of Copy:Eighteen(18)inch perpendicular to the business the front elevation. maximum letter height.Logos frontage. Height:At least eight(8)feet are encouraged. but no higher than twelve(12) Illumination:None. feet from the bottom of the Mounting:May hang over the sign to the grade below the public right-of-way with sign. issuance of an encroachment permit. 7. A-frame,sandwich board signs for restaurants and theaters. A-frame signs In front of the business.If Area:Seven(7)square feet, Number:One(I). located in the public right-of- maximum dimensions of 2.0 Design:Architecturally way minimum ADA feet by 3.5 feet. compatible to the building(s) requirements shall be met as design.Eighteen(18)inch well as the issuance of an maximum letter height.Logos encroachment permit. are encouraged. Illumination:None. Mounting:Shall not be affixed to the ground.An encroachment permit is required if it is in the public • right-of-way. (Moorpark Supp.No.16,9-08) 374b 33 17.40.120 DOWNTOWN SPECIFIC PLAN AREA(continued) 8. Campaign signs. Campaign signs Campaign signs may be Area:No campaign sign may Number:Each parcel may (no sign permits required) placed in the front,side or exceed thirty-two(32) have one(1)temporary rear yard of any parcel that square feet in area per face. freestanding campaign sign fronts,sides or rears on a A campaign sign may be for each political candidate public street.No campaign double-faced if it is placed or issue on each street sign may be placed in or perpendicular to the right-of- frontage. encroach into a public right- way. Duration:All campaign of-way. Height:No freestanding signs must be removed campaign sign may exceed within seven(7)days ten(10)feet in height. following the election for which they are intended.If not timely removed,the sign . will be deemed to be abandoned and may be removed by the city without notice. Illumination:None (Ord. 332§ 3 Exh. 1 (part),2005) 17.40.130 Prohibited signs. P. Signs attached to the exterior surfaces of win- Except as otherwise specifically provided in this dows, except as required by state or federal law and chapter,the following signs are prohibited: where such law preempts city regulations; A. Abandoned signs; Q. Inflatable signs and balloons in excess of two(2) B. A-frame, portable or hand-held signs displaying feet in diameter; a commercial message; R. Hand-held commercial signs. (Ord. 332 § 3 Exh. C. Bench signs; 1 (part),2005) D. Barber poles; E. Flashing signs; 17.40.140 Legal nonconforming signs. F. Flags with commercial messages, except corpo- A. A legal nonconforming sign may be repaired or rate flags per Sections 17.40.110(A)(4) and restored to its pre-existing condition, provided that the 17.40.110(B)(5)of this chapter; damage is not in excess of fifty percent (50%) of its G. Mobile and portable signs; value, as determined by the city's building official. Prior H. Off-site signs; to any repairs, a sign permit application shall be submit- 1. Projecting signs; ted and approved in accordance with the requirements of J. Roof signs; Section 17.40.060 of this chapter.Nonconforming signs K. Any sign which emits sound or an odor; which are damaged in excess of fifty percent (50%) of L. Any sign erected in such a manner that any por- its value, as determined by the city's building official,or tion of the sign or its support is attached to or will inter- that are abandoned or unmaintained, shall be amortized fere with any free use of any fire escape, exit, or will in accordance with the provisions of Chapter 17.52, obstruct any stairway,door,ventilator or window; N.onconformities and Substandard Lots,of this title. M. Unsafe signs; B. Special Circumstances. In accordance with Busi- N. Signs erected or attached to any utility pole; ness and Profession Code Section 5499, no legal non- 0. Signs erected in such a manner that they will or conforming sign will be required to be removed on the may reasonably be expected to interfere with, obstruct, sole basis of its height or size if special topographic cir- confuse or mislead traffic; cumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to 374c (Moorpark Supp.No.16,9-08) 34 17.40.140 the public through the use of the sign. The owner or user plicable,not later than thirty(30)days after the notice of may maintain the sign at the premises and at a location appeal is received by the city; provided, however, the necessary for continued public visibility at the height or hearing may be held after such thirty (30) day period size at which the sign was previously lawfully erected upon the request or concurrence of the appellant.Action pursuant to all applicable codes,regulations and permits. on the appeal shall be taken at the time of the hearing by Any such sign will be deemed to be in conformance the planning commission or city council, as applicable, with this chapter.(Ord. 332§ 3 Exh. 1 (part),2005) unless the appellant requests a continuance.The time for compliance of any original order will be stayed during 17.40.150 Unsafe signs. the pendency of any hearing before the planning corn Any unsafe sign may be removed by the city without mission or city council. prior notice. Altematively, the director may issue a no- C. Any person dissatisfied with the final action tice of violation and give the permit holder, property taken by the city council may seek prompt judicial re- owner or person in possession and control of the prop- view of such decision pursuant to California Code of erty no more than fifteen(15)days to cure the violation. Civil Procedure Section 1094.8. (Ord. 332 § 3 Exh. 1 In the case of an unsafe sign removed by the city, the (part),2005). costs of such removal and storage shall be borne by the permit holder, property owner, or person in possession and control of the property, as applicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city may be released until the costs of removal and storage have been paid. if • an unsafe sign remains unclaimed for a period of thirty (30) days after notice of removal is sent to the permit holder,property owner, or person in possession and con- trol of the property, it will be deemed to be unclaimed personal property and may be disposed of in accordance with the law.(Ord.332 § 3 Exh. 1 (part),2005) 17.40.160 Nuisance and abatement, enforcement and penalties. A. Nuisance Abatement. The city shall follow the procedures set forth in Business and Professions Code Section 5499.1 et seq., for the nuisance abatement of permanent signs that are determined to be illegal. B. Enforcement and Penalties. Violations of this • chapter are punishable as set forth in Chapter 17.56, "Enforcement and Penalties, of this title. (Ord. 332 § 3 • Exh. 1 (part),2005) 17.40.170 Appeals. A. Any person seeking to appeal a decision of the director granting or denying an application for issuance of a sign permit, revoking a permit or ordering the remediation or removal of a sign, may appeal such ac- tion first to the planning commission, and if dissatisfied with the decision of the planning commission, then to the city council in accordance with the provisions of Chapter 17.44, Application Review Procedures, of this title. B. The city shall expeditiously schedule a hearing before the planning commission or city council, as ap- (Moorpark Supp.No.16,9-08) 374d 35 „s:�rrct4?� CITY OF MOORPARK rthip OFFICE OF THE CITY ATTORNEY 4titiorw :.° 799 Moorpark Avenue f Moorpark,California 93021 Telephone 805.517.6200 Facsimile 805.532.2205 MEMORANDUM TO: Chairman Di Cecco and Members of the Moorpark Planning Commission cc: David Bobardt,Community Development Director Steven Kueny,C' `Manager FROM: Kevin G.Ennis,City Attorney DATE: August 5,2015 SUBJECT: Sign Permit Appeal-Community Marketplace—Appeal No. 2015-01 I have been asked by City staff to provide an independent opinion as to whether the signs proposed by Community Marketplace are allowable under the City's Zoning Ordinance. Specifically,I have been asked to review the appeal application by Community Marketplace submitted to the City on June 8,2015 and to review the City's Zoning Ordinance and provide advice to the Planning Commission as to whether there is a basis in that Ordinance to grant the appeal,and if not,why not. Background Facts. Community Marketplace operates a multi-tenant indoor retail marketplace at 709 Science Drive. The property is in the Industrial Park(M-1)Zone. Community Marketplace seeks approval to erect two signs on the roof of the building so that the signs are visible from State Route 23 and Los Angeles Avenue. I am informed by City staff that each sign would be approximately 52 feet long and 6 feet high. The signs would be supported by steel posts that would be between 10 and 15 feet tall and attached to the top of the parapet walls. (See drawing that is part of PC Attachment 3.) I am informed by City staff that the existing parapet wall on the building ranges between approximately three to five feet in height above the roof. Based on the height of the signs,the height of the sign posts and the fact that the proposed signs would be attached to the top and sides of the parapet walls,the signs would extend above the height of the parapet walls on the building. Moorpark Zoning Ordinance. The City's Zoning Ordinance allows wall signs but does not allow so-called"roof signs.” (Section 17.40.130(J)) A."roof sign"is a sign that is"affixed on,above,over or through the PC ATTACHMENT 7 12853-0014\1860563v 1.doc 36 CITY OF MOORPARK MEMORANDUM Chairman Di Cecco and Members of the Planning Commission August 5,2015 Page 2 roof of any building or structure which projects above the eave line or parapet wall of the building or structure . . . ." Section 17.40.020(emphasis added.) The applicant asserts that,despite this prohibition,the proposed signs are permitted because the signs are proposed to be located on a building with more than 10,000 square feet of floor space and the sign will be"incorporated"into the roof. The applicant makes this assertion based on language of Zoning Ordinance Section 17.40.110(A)(3),which is a chart in the City's Sign Regulations(Chapter 17.40)of the City's Zoning Ordinance. The portion of the chart that the applicant relies upon allows"wall signs"as the type of sign,for"building/tenant(more than 10,000 square feet of floor space.)" The chart further provides that the sign"Shall be affixed to the building wall,eave or overhang facing a parking area or street frontage or may be designed and incorporated into the roof(see roof definition.)" In the chart's specification of the height of these signs,it says: "Height:Shall not extend beyond the roof line." The term"roof line"is not defined in the Code but is reasonably interpreted to mean the upper or outer edge of the roof of the building. A"wall sign"is typically known as a sign affixed to a wall of a building. Based on the fact that the proposed signs would extend above the height of the roof and above the height of the parapet wall on the building,I conclude that the signs do not qualify as "wall signs"and instead qualify as"roof signs"prohibited by the Zoning Ordinance. The exception to the roof sign prohibition for signs that are designed and incorporated into the roof does not apply because the building and its parapet wall was not designed to accommodate or incorporate these proposed signs into the roof design. Stated simply,placement of a sign above the roof does not make it a"wall sign"that is incorporated into the roof It makes it a"roof sign." A roof sign is a category of prohibited use in the City's Zoning Ordinance,and as such,a variance to allow a sign to project above a parapet wall is not available. This is because state law provides that when a use is prohibited rather than regulated merely by size or height,a variance is not available to grant a deviation from the prohibition. (See Cal.Gov. Code § 65906.) Lastly,the Planning Commission does not have the authority to approve a use that is prohibited by the Zoning Ordinance. Only the City Council can adopt an ordinance or an amendment to an ordinance. Thus,until the City Council decides to change the City's Zoning Ordinance to allow roof signs or to exclude these types of signs from the definition of a roof sign,the Planning Commission does not have the discretion to grant an appeal that would allow a use that violates the City's Zoning Ordinance. 12853-001411860563v1.doc 37 CITY OF MOORPARK MEMORANDUM Chairman Di Cecco and Members of the Planning Commission August 5,2015 Page 3 Conclusion. Community Marketplace's proposed signs,by extending above the top edge of the parapet walls of the building on the property, qualify as roof signs and are prohibited by the City's Zoning Ordinance. The City's Planning Commission does not have the discretion to allow a use prohibited by the City's Zoning Ordinance. If you have any questions,please let me know. • 12853-0014\1860563v1.doc 38 RESOLUTION NO. PC-2015- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DENYING APPEAL NO. 2015-01 FOR A SIGN PERMIT FOR TWO PROPOSED SIGNS ON TOP OF BUILDING PARAPET WALLS AT 709 SCIENCE DRIVE, ON THE APPLICATION OF JOHN NEWTON FOR COMMUNITY MARKETPLACE WHEREAS, on April 16, 2014, the City Council approved Administrative Permit No. 2013-19 and Modification No. 4 to Industrial Planned Development Permit No. 93-1 to allow a multi-tenant indoor retail community marketplace in the M-1 Zone at 709 Science Drive; and WHEREAS, On June 1, 2015, Mr. John Newton (applicant representative for Community Marketplace) submitted a sign permit application for the approval of two 52- foot long by 6-foot high wooden signs proposed on 10-foot to 15-foot high steel poles mounted on top of building's parapet walls; one facing State Route 23 and another facing Los Angeles Avenue at 709 Science Drive; and WHEREAS, On June 4, 2015, the Community Development Director denied the sign permit application on the basis that the proposed signs were "roof signs" expressly prohibited by the Moorpark Municipal Code; and WHEREAS, on June 8, 2015, an application for Appeal No. 2015-01 was filed by John Newton (applicant representative for Community Marketplace) appealing the Community Development Director decision to deny said sign permit; and WHEREAS, at its Special meeting of August 11, 2015 the Planning Commission considered the agenda report and any supplements thereto and written public comments; and August 4, 2015 reached a decision on this matter; and WHEREAS, the Community Development Director has determined that denial of the proposed project associated with Appeal No. 2015-01 would be exempt from environmental review under CEQA Guidelines Section 15270 (Projects Which are Disapproved). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Community Development Director has determined that denial of the proposed project associated with Appeal No. 2015-01 would be exempt from environmental review under CEQA Guidelines Section 15270 (Projects Which are Disapproved). The Planning Commission has reviewed the Community Development Director's determination of exemption, and based on its own independent judgment, concurs in staff's determination of exemption. PC ATTACHMENT 8 39 Resolution No. PC-2015- Page 2 SECTION 2. APPEAL FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings: A. The proposed signs associated with Appeal No. 2015-01 meet the definition of roof signs in Section 17.40.020 of the Moorpark Municipal Code B. The proposed signs, as roof signs, are prohibited by Section 17.40.130 of the Moorpark Municipal Code and do not meet the exception for wall signs designed and incorporated into the roof that do not extend beyond the roof line as provided in Section 17.40.110(A)(3) of the Moorpark Municipal Code. C. The proposed roof signs are inconsistent with the provisions of Section 17.40.080(A), (B), and (C) of the Moorpark Municipal Code, in that the proposed wooden signs on metal poles are not compatible in material or design to the existing building and its existing building signs. SECTION 3. PLANNING COMMISSION DENIAL: The Planning Commission hereby denies the applicant's sign permit application submitted as part of Appeal No. 2015-01. SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: PASSED AND ADOPTED this 11th day of August, 2015. Mark Di Cecco, Chair David A. Bobardt Community Development Director S:\Community Development\DEV PMTS\APPEALS\2015-01 Community Marketplace\Agenda Reports\PC_Reso_docx 40 ITEM 10.A. MINUTES OF THE PLANNING COMMISSION Moorpark, California May 26, 2015 A Regular Meeting of the Planning Commission of the City of Moorpark was held on May 26, 2015, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Di Cecco called the meeting to order at 7:03 p.m. 2. PLEDGE OF ALLEGIANCE: Joyce Figueroa, Administrative Assistant II, led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioners Aquino, Groff, Hamous, Vice Chair Landis, and Chair Di Cecco. Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Planning Manager; and Joyce Figueroa, Administrative Assistant II. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) None. 8. PUBLIC HEARINGS: (next Resolution No. PC-2015-603) None. 41 Minutes of the Planning Commission Moorpark, California Page 2 May 26, 2015 9. DISCUSSION ITEMS: A. Consider Draft Seven-Year Capital Improvement Program for the Department of Public Works for FY 2014/1'5 — FY 2020/21. Staff Recommendation: 1) Find the draft Seven Year Capital Improvement Program for the Department of Public Works for FY 2014/15 — FY 2020/21 to be in conformity with the Moorpark General Plan, except as noted above; and 2) Find the planned acquisition of street right-of-way for certain specified projects described in this report, to be in conformity with the Moorpark General Plan. (Staff: Dave Klotzle) Commissioner Hamous announced, due to listings for lease on a couple of the buildings that may be impacted by some of the Capital Improvement funding and to avoid a potential conflict of interest, he would recuse himself and left the dais at 7:05 p.m. Mr. Klotzle gave the staff report. There were no speakers. A discussion followed among the Commissioners and staff regarding the status of the right-of-way acquisition for Princeton Avenue, and noted that item 113; Moorpark Avenue widening project should be listed as item 123. MOTION: Vice Chair Landis moved and Commissioner Groff seconded a motion to find the program to be in conformity with the Moorpark General Plan, except as noted; and to find the planned acquisition of street right-of-way for certain specified projects described to be in conformity with the Moorpark General Plan. The motion carried by voice vote 4-0, Commissioner Hamous absent. Commissioner Hamous returned to the dais at 7:13 p.m. B. Consider Resolution Approving Planned Development (PD) Permit No. 2015-01, a 24-Unit Apartment Complex in the Residential Planned Development 20 Units to the Acre (RPD20U-N-D) Zone, Located between Charles Street and Everett Street between Moorpark Avenue and Walnut Street, and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of the Area Housing Authority of the County of Ventura. Staff Recommendation: Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2015-603 approving Planned Development Permit No. 2015-01. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. 42 Minutes of the Planning Commission Moorpark, California Page 3 May 26, 2015 A discussion followed among the Commissioners and staff, which focused on: 1) Proposed reduction of the number of required parking spaces, number of handicapped and on-street parking spaces; 2) Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES) regarding requirement for grassy swales; 3) This project is exempt from CEQA guidelines and is exempt from provisions and would not result in any significant impacts; 4) Number of concessions the City can grant for the project; 5) Stamp Page 125 regarding ground floor garage; 6) Stamp Page 128 regarding solar panels on carports. Mark Pettit, Lauterbach & Associates, Architects, Inc., Managing Architect discussed the project and replied to the Commission regarding: Keynote #27 on the exterior elevations has the solar array listed and there are about 10 parking spaces directly adjacent on the street. A discussion followed among the Commissioners and Mr. Pettit regarding: 1) The type of material that will be used on the Community Room awnings; 2) Proposed screen walls along Moorpark Avenue and around individual patio areas; and 3) Preference for tot-lot location. Chair Di Cecco expressed architectural concerns regarding: 1) Community room lower floor is cut off from adjacent green space and there is no visual access between the two; 2) Window muntins on the elevations; 3) location of porches; 4) Elevator equipment room; and 5) Will spandrel glass be used on the curved elements of laundry rooms where the windows cross the floor. A discussion followed among Chair Di Cecco and staff regarding: 1) Finding that the landscape concession is consistent. The Commission does not have a landscape plan to look at or the extent of the condition; and 2) Because parking is already a concession, was there any discussion about reducing the amount, and not having to make a concession on the landscaping. Frank Thompson, Consultant, Area Housing, discussed the project and stated he was available to answer any questions about affordability and financing. A discussion followed among the Commissioners and Mr. Thompson regarding: 1) How Senior Housing fits in with low-income housing; 2) Median income for Ventura County; 3) Is the project servicing the community of Moorpark or Ventura County; 4) Start list date for marketing and receiving applications; and 5) Will rental units be converted to ownership. 43 Minutes of the Planning Commission Moorpark, California Page 4 May 26, 2015 Mr. Bobardt clarified that the Density Bonus Law, the state and municipal code allow for either an increase in density or concessions or both. A discussion followed among Vide Chair Landis and staff regarding the role of the Planning Commission in terms of concession aspect. Mr. Bobardt stated that concessions will be considered by the City Council as part of the Affordable Housing agreement. The role of the Planning Commission is to final whether the project meets the standards of RPD2OU-N-D zone. A discussion followed among the Commissioners regarding their concern and preference for the tot-lot location, prefer to have more information to work with regarding concessions, and their support of the project. MOTION: Vice Chair Landis moved and Commissioner Aquino seconded a motion to approve staff recommendation, including the adoption of Resolution No. PC-2015-603, as amended. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Commissioner Hamous moved and Commissioner Aquino seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Approval of the Regular Meeting Minutes of January 27, 2015. Staff Recommendation: Approve the minutes. B. Consider Approval of the Special Joint Meeting Minutes of April 8, 2015. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Vice Chair Landis moved and Commissioner Groff seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 7:55 p.m. Mark Di Cecco, Chair David A. Bobardt, Community Development Director 44