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HomeMy WebLinkAboutAGENDA REPORT 1994 0921 CC REG ITEM 09BITCM9• E?s AGENDA REPORT CITY OF MOORPARK MOMPAN, C, cry cou, _,I tic TO: The Honorable City Council 01 7 TION: , FROM: Jaime R. Aguilera, Director of Community Developm // t Kathleen Mallory, Associate Planner V ��� By DATE: September 2, 1994 (CC meeting of September 21, 1994) SUBJECT: CONSIDER ADOPTION OF THE CITYWIDE AND DOWNTOWN SIGN ORDINANCE, FOR INCLUSION IN THE CITY'S ZONING ORDINANCE AS ARTICLE 10 AND FOR THE RESCINDING OF ARTICLE 10 OF ORDINANCE NUMBER 189 BACKGROUND On July 28, 1993, the City Council considered modifications to the Sign Ordinance. At this meeting, the City Council reached consensus regarding modifications to the Sign Ordinance and directed staff to forward the ordinance to the City Attorney for her review. The purpose of this staff report is for the Council to adopt the attached ordinance adopting the Citywide and Downtown Sign Ordinance (see Attachment Number 1). DISCUSSION At the July 28, 1994 City Council meeting, consensus was reached regarding temporary signs, tracking (raceways) for wall signs, colors, wall signs, external and indirect light, projecting /hanging signs, canopy signs, A -Frame signs, and additional items noted in Attachment Number 2 (minutes from the July 28, 1994 meeting). City Attorney recommended changes have been made in legislative format; additions have been redlined and deletions have been struck out. Staff has scheduled a public hearing given that the City Attorney has suggested changes to the Ordinance; staff does not believe that the changes to the Ordinance warrant reconsideration by the Planning Commission. A summary of notable modifications made to the Ordinance, is as follows: Section 8110 -2.9 Trademark Signs: This section was modified to clarify the sign requirements for Trademarks and Logos. Section 8110 -3.4 Signs within the Public Right -of -Way; This section was modified to prohibit any signs within the public right -of -way. KMP- M2- 94(11:37am)A:1CC9 -21 SG. RPT The Honorable City Council September 2, 1994 Page 2 Section 8110 -4 Sign Permit Administration, section C. (Criteria): This section was deleted given that the requirements for administration was determined not be appropriate within an ordinance; this information will be administratively utilized. Section 8110 -6, Exempted Signs, Section a.: The City of Moorpark is already exempted from its own Sign Ordinance. Additionally, the limitation on the number of United States Flags which may be displayed on private property was deleted. Section 8110 -7 Prohibited Signs: The discussion regarding Flags was modified so that flags with commercial messages are prohibited. Section 8110 -9.2 Violations, Enforcement, Penalties, and Amortization: The amortization procedure was deleted from the Ordinance, consistent with the City Attorney's correspondence dated March 16, 1994 (see Attachment Number 3). Additional concerns were addressed in the City staff memorandum to the City Council of September 6, 1994. RECOMMENDATION Open the public hearing, receive public testimony and close the public hearing; and 2. Determine that the proposed Citywide and Downtown Sign Ordinance is categorically exempt pursuant to Section 15061 (b) (3) of the State of California Environmental Quality Act (CEQA) Guidelines in that the proposed amendments to the Zoning Ordinance doe not have the potential for causing a significant effect on the environment; and 3. Adopt the attached Ordinance, approving the Citywide and Downtown Sign Ordinance to be codified as Article 10 of the City's Zoning Ordinance and rescind Article 10 of Ordinance Number 189. Attachments: 1. Citywide and Downtown Ordinance 2. Minutes from July 28, 1994 meeting 3. Part of the City Attorney's review correspondence dated March 16, 1994 KMP-09 -2 -94 (11:37am)AACC9 -21 SG. RPT M E M O R A N D U M TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Developmmen� DATE: September 13, 1994 SUBJECT: ORDINANCE REPEALING ARTICLE 10 OF ORDINANCE NUMBER 189 AND ADOPTING CITYWIDE AND DOWNTOWN SIGN REQUIREMENTS TO BE CODIFIED AS ARTICLE 10 OF THE ZONING ORDINANCE Attached is a copy of the proposed ordinance, which will amend the City's sign recquirements. The City Council is scheduled to hold a public hearing to receive public testimony on the proposed Sign Ordinance at its September 21, 1994, meeting. We are providing you this advance copy to facilitate your review of the proposed ordinance. cc: Steven Kueny, City Manager ATTACHMENT NUMBER 1 ORDINANCE NUMBER 94- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REPEALING ARTICLE 10 OF ORDINANCE NUMBER 189 AND ADOPTING CITYWIDE AND DOWNTOWN SIGN REQUIREMENTS, TO BE CODIFIED AS ARTICLE 10 OF THE ZONING ORDINANCE WHEREAS, on March 2, 1994, the City Council adopted the current Sign Ordinance requirements (Ordinance Number 189); and WHEREAS, in utilizing this ordinance, staff and the City Council noted that there has been a need to make amendments to Article 10 of the Zoning Ordinance; and WHEREAS, on June 7, 1993, the Planning Commission adopted Resolution Number 93 -277 recommending City Council approval of the Ordinance; and WHEREAS, on July 28,1993, the City Council conducted a public hearing to receive public testimony on the proposed Sign Ordinance; and WHEREAS, the City Attorney has reviewed the Citywide and Downtown Sign Ordinance; and WHEREAS, on September 21, 1994, the City Council conducted a public hearing, received public testimony, and closed the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby rescinds Article 10 of Ordinance Number 189 and hereby approves the following as Article 10: KMP -08 -2 -94(1 1 :37am)A:\CC9 -21 SG.RP11 SECTION 2. If any section, subsection, sentence, clause or phrase, part or portion of this Ordinance is for any reason held to be invalid by any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase, part or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase, part or portion be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinance of said City; shall make a minute of the passage and adoption thereof in the records to the processing of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News Mirror, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED, APPROVED, AND ADOPTED THIS ATTEST: Lillian E. Hare, City Clerk day of , 1994. Paul W. Lawrason, Jr., Mayor KMP-09-2- 94(11:37am)A:1CC9 -21 SG.RPT 2 SECTION Section 8110 -0 Section 8110 -1 Section 8110 -2 Section 8110 -2.1 - Section 8110 -2.2 - Section 8110 -2.3 - Section 8110 -2.4 - Section 8110 -2.5 - Section 8110 -2.6 - Section 8110 -2.7 - Section 8110 -2.8 - Section 8110 -2.9 - Section 8110 -2.10 - Section 8110 -3 Section 8110 -3.1 - Section 8110 -3.2 - Section 8110 -3.3 - Section 8110 -3.4 - Section 8110 -3.5 - Section 8110 -3.6 - Section 8110 -3.7 - Section 8110 -4 Section 8110 -4.1 - Section 8110 -4.2 - Section 8110 -5 TABLE OF CONTENTS ARTICLE 10 SUBJECT AREA PURPOSE DOWNTOWN SIGNAGE COMMERCIAL/INDUSTRIAL SIGNAGE Monument Signs Pylon Signs Wall Signs - Major and Minor Tenants Window Signs Under Canopy Signs Clocks and Thermometers Directory Signs Riders Trademark Signs Temporary Signs GENERAL SIGN REQUIREMENTS Sign Colors Placement of Signs Master Sign Programs Signs Within the Public Right -of -way Illuminated Signs Trimming of Trees Tracking for Wall Signs SIGN PERMIT ADMINISTRATION Permit Requirements Computation of Sign Area and Sign Height SIGN CONSTRUCTION AND MAINTENANCE STANDARDS Section 8110 -6 EXEMPTED SIGNS Section 8110 -7 PROHIBITED SIGNS KMP- 09-2- 94(11:37am)A:1CC9.21 SG. RPT i PAGE 1 2 2 2 4 5 7 8 8 9 9 10 11 12 12 12 13 13 13 14 14 14 14 16 17 18 19 Section 8110 -8 Section 8110 -9 Section 8110 -9.1 Section 8110 -10 Section 8110 -10.1 Section 8110- 10.1.1 Section 8110 - 10.1.2 Section 8110 - 10.1.3 Section 8110 -10.2 Section 8110 -10.3 NON - CONFORMING AND ILLEGAL SIGNS 21 NUISANCE AND ABATEMENT, ENFORCEMENT AND PENALTIES Violation, Enforcement, Penalties and Amortization SPECIAL PURPOSE SIGNS Residential and Miscellaneous Signage Residential Zones Tract Signs Political Signs /Election Signs Service Station Signs Drive Through Restaurants Section 8110 -11 DOWNTOWN SIGN REGULATIONS VIOLATIONS, 22 ✓Yi 23 23 23 26 28 29 30 32 Section 8110 -11.0 - Relationship of Citywide Sign Requirements to the Downtown Sign Requirements 32 Section 8110 -11.1 - Consideration when Submitting a Request for a Sign Permit 32 Section 8110 -11.2 - Exempted Signs 35 Section 8110 -11.3 - Signs Prohibited within the Downtown 35 Section 8110 -11.4 - Signs Allowed in the Downtown, in addition to Section 8110 -2 requirements pertaining to the following: 37 - Wall Signs 37 - Wall signs (for Markets) 38 - Projecting /Hanging Signs 40 - A- Frame, Sandwich Board Signs 40 - Barber Poles 41 - Monument Signs 42 - Canopy Signs 43 Section 8110 -11.5 - Downtown Signs Within the Public Right -of -Way 43 Section 8110 -12 DEFINITIONS 44 KMP- M2- 94(11:37am)AACC9 -21 SG. RPT ARTICLE 10 SIGN REQUIREMENTS SECTION 8110 -0 - PURPOSE The City of Moorpark recognizes that signs are an important and necessary means of communication in the City and that signs, when properly regulated, may be a great economic and aesthetic asset to the City. In enacting this Article, it is the intent of the City of Moorpark to both promote signage and to comprehensively address community aesthetic concerns about visual clutter and visual bight in the environment. The regulation of signs in the City is intended to promote an aesthetically pleasing environment. Sign regulation shall be consistent with land use patterns and signs shall add to rather than detract from the architecture of the buildings where they are located. Signs shall be well maintained and, in addition, shall not create traffic safety hazards. The regulations of signs in the City of Moorpark is intended to be content - neutral and to provide adequate opportunity for the presentation of messages of all kinds. The following sections are intended to implement the goals of the City's General Plan, with particular regard to developing a City which is visually attractive, while preserving and enhancing the visual qualities of the community's streets and highways. More significantly, the purpose of the following sign requirements is: to encourage the effective use of signs as a means of communication in the City; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse affect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign requirements. In addition to sign requirements for the entire City, the City recognizes the uniqueness of the downtown area and has developed separate and unique sign requirements for the Downtown Area. This section therefore only applies to the downtown area when specifically referenced by the downtown sign Section 8110 -12 of this Article. ._ KMP- 09-2- 94(11:37am)A:1CC9 -21 SG. RPT SECTION 8110 -1 - DOWNTOWN SIGNAGE The Downtown area, as defined in Section 8110 -12 of this Article, has been formed in recognition of the need for unique signage and for a greater variety of types of signs in the downtown area. It is the City's intent in its regulations to strike a fair balance between commercial needs and community concerns about visual clutter and visual blight. Further, the City recognizes that modern sign criteria does not complement the downtown area in the manner that pre- modern sign criteria does. Therefore, the reader must recognize that the downtown sign regulations are unique to the downtown area and may not be used in an effort to justify downtown type of signage elsewhere in the city. Signage in the downtown is governed by Section 8110 -11 of this Article and, as referenced, sections from the Citywide Sign requirements. SECTION 8110 -2 - COMMERCIAL/INDUSTRIAL SIGNAGE This Chapter controls all signage in commercial and industrial zones. No signs are allowed in the public right -of -way, except pttblie fight -of way - ads allowed within the Downtown Sign Guidelines, see Section 8110 -11 of this Article. All signs in commercial and industrial zones, with the exception of window signs, require a sign permit. Permit requirements are set forth in Section 8110 -4 of this Article. Section 8110 -2.1 - MONUMENT SIGNS A. Size and Height The area of a Monument sign may not exceed thirty (30) square feet, with a maximum height of four (4) feet. In cases where the monument sign is to be double - sided, the sign area for the double sided sign shall be calculated as a single sided sign. B. Number of Signs 1. Out tenant parcels and Individual Businesses One (1) monument sign per site may be allowed. For single out - tenant parcels, one (1) monument sign per parcel may be allowed. KMP- 09-2- 94(11:37am)A:1CC9 -21 SG.RPT 2 E. Illumination Pylon signs shall be illuminated consistent with the illumination policies outlined within Section 8110 -3.5 of this Article. F. Letter Size For minor tenants the minimum letter height may be fourteen (14) inches and the maximum letter height may not exceed eighteen (18) inches. For Major tenants the maximum letter height may be forty -eight (48) inches. For center Pylon Signs, the center name may be as large as the major tenant (up to 48 inches), as approved by the Director of Community Development. A maximum of three (3) minor tenants may be listed on the center pylon sign. G. Landscaping All Pylon signs must be surrounded by a minimum of a four (4) foot wide landscaped planter area; four (4) feet must be measured in all directions. H. Mounting The pylon sign must have either a solid base or individual supports which are Section 8110 -2.3 - WALL SIGNS (MAJOR AND MINOR TENANTS) A. Size 1. Minor Tenants For Minor Tenants, the wall signs may not exceed a maximum sign area of twenty (20) square feet per building tenant. 2. Major Tenants For Major Tenants, the wall signs may not exceed a maximum sign area of eighty (80) square feet per building tenant. KMP- 09- 2- 94(11:37am)A: \CC9 -21 SG.FPT 5 3. Single Parcels, under 10,000 square feet Single parcels under 10,000 square feet shall be subject to the same signage allowed for a Minor Tenant. B. Height, for Minor and Major Tenants Wall signs, for all tenants, may not extend beyond the roof line. C. Length Sign length may not be greater than seventy -five (75 %) of the linear frontage of a building. In the case of multiple tenants, the sign may not be greater than seventy -five percent (75 %) of the linear frontage of the space occupied by the applicant. D. Number of Signs 1. One (1) wall sign per tenant may be allowed. For single out parcel tenants, two (2) wall signs per parcel may be allowed, with a maximum wall sign area of twenty (20) square feet of signage per wall sign. 2. A single tenant with more than 10,000 square feet of retail space may be allowed three wall signs, with a maximum wall sign area of ten (10) square feet of signage per wall sign. 3. Corner Tenants Corner tenants which are attached to a center may have an additional wall sign which either fronts the street or the parking lot. E. Location 1. Signs on the Front Elevations Signs on the front elevations are allowed provided herein. 2. Side and Rear Elevations A second sign may be allowed provided that the sign is no more than fifty percent (50 %) of the sign area of the sign on the front elevation. No building shall have more than two (2) signs per building. KMP- 09-2 -94 (11:37am) A ACC9-21 SG. RPT 6 F. Illumination Wall signs may be illuminated, consistent with illumination policies as outlined within Section 8110 -3.5 of this Article. External and indirect lighting is not allowed. G. Letter Size For minor tenants the minimum letter height may be fourteen (14) inches and the maximum letter height may not exceed eighteen (18) inches. For Major tenants the maximum letter height may be forty -eight (48) inches. For industrial developments the maximum letter height may not exceed twenty -four (24) inches. H. Mounting All wall signs shall be mounted parallel to the wall and shall not project more than eight (8) inches from the wall, and shall not project into the public right -of -way or over the property line. I. Design Section 8110 -2.4 - WINDOW SIGNS A. Permit not required Window signs are allowed without obtaining a sign permit. B. Size and Location Window signs may not exceed twenty -five percent (25 %) of the total window area, per window, on any single frontage of the building fronting a street to be displayed in conjunction with sales or special events for an indefinite period of time. C. Illumination Window signs shall not be illuminated except for signs made of neon. KMP- 09- 2- 94(11:37am)A:1CC9 -21 SG.RPT 7 D. In -Lieu of Wall Signs If window signs are used in -lieu of wall signs, no temporary window signs are allowed for those windows having permanent window signs. Section 8110 -2.5 - UNDER CANOPY SIGNS l ,t A. Size and Height The sign area for an Under Canopy Sign may not ex ed twenty (20) square feet. Under canopy signs maybe allowed in a hanging fashion at a heigh not less than eight (8) feet. , ink. �t ��c t �'-rn- r6 ff� fk� Cc � ar� B. Illumination Under Canopy Signs shall not be illuminated. C. Letter Size The maximum letter size may not exceed fourteen (14) inches in height. D. Mounting Under Canopy Signs may be mounted using a flexible device such as a chain or cable. E. Design F. Other Under Canopy Signs are not allowed to project beyond the canopy. Section 8110 -2.6 - CLOCKS AND THERMOMETERS Time and temperature devices may not exceed a maximum area of twenty -four (24) square feet and shall not display commercial advertisement on the clock or thermometer. No permit is required for clocks and thermometers which do not function as an advertising copy. KMP- 09-2- 94(11:37am)A:\CC9 -21 SGAPT 8 Section 8110 -2.7 - DIRECTORY SIGNS A. Size and Height Directory signs are required in multi- tenant residential, or industrial complexes. Directory signs may be required in commercial office buildings as required by the Director of Community Development. All Directory signs may not exceed a maximum of five (5) feet in height and three (3) feet in width. B. Letter Size The maximum letter size for all directory signs may not exceed six (6) inches in height. C. Mounting All directory signs shall be mounted upon an architecturally attractive support or base, which is architecturally compatible to the building which the sign represents. D. Design E. Illumination Directory signs may be illuminated, consistent with illumination policies as outlined within Section 8110 -3.5 of this Article. External and indirect lighting is not allowed. F. Other Directory signs are not allowed to project into the right -of -way. Section 8110 -2.8 - RIDERS Riders on all signs (as defined) are not allowed. KMP- W2- 94(11:37am)A:1CC9 -21 SG.RPT 9 Section 8110 -2.9 - TRADEMARK SIGNS Trademark signs for Nationally and Non - nationally recognized businesses are allowed as follows: 1. TRADEMARKS A. Design The returns, trim cap, size, and type of sign shall be exhibit an architectural sempati design, which is compatible to the design of the building tai';;aC3 gnlenies, is locatdY B. Size aad� Height,*.,**:"*' a > o>ors The Lege<'�deilrk may not exceed eighteen (18) iRehes in height by eighteen 2. PICTORIAL TRAD €t1M4 XS/LOGOS A. Design The returns, trim cap, and size of the sign shall be as eil ;art architecturally design winch to oornpatib(e to the design of the building in which thq'i, Q ess mat the ;3igrs t�tttis, is tcCeid: B. Size; and Height; acid Co1gr KMP- 09 -2 -94 (11:37am)AACC9 -21 SG. R PT 10 Section 8110 -2.10 - TEMPORARY SIGNS Temporary Signs are allowed by permit as follows: 1. TEMPORARY BANNERS -NEW BUSINESSES A. Size The allowed banner area may not exceed twenty (20) square feet or twenty -five percent (25 %) of the total window area, whichever is greater. B. Duration Temporary banners may be erected for a maximum of sixty (60) days during the opening of the new business. On the sixty -first (61 st) day, the temporary banner shall be removed. C. Location Temporary banners for new businesses are allowed, in commercial and industrial zones only, to announce the opening of a new business. Banners must only be attached to structures and shall not be attached to trees or between posts. Banners must be securely fashioned to the building. D. Permit In no case shall a sign permit for a temporary banner be issued prior to City review and approval of a sign permit request for permanent signage on the subject site. 2. BANNERS - EXISTING BUSINESSES A. Size The allowed banner area may not exceed twenty (20) square feet or twenty -five percent (25 %) of the window area, whichever is greater. KMP- M2- 94(11:37am)AACC9 -21 SG.RPT 11 B. Duration Banners for existing businesses are allowed for three (3) week intervals, four (4) times per year. The three (3) week interval must be interrupted by at least one four (4) week interval without a banner. C. Location Temporary Banners will be allowed for existing businesses in commercial and industrial zones only. Banners must only be attached to structures and shall not be placed on trees or between posts. Banners must be securely fastened to a building. D. Permit Banners for existing buildings are allowed by permit, consistent with the duration standards established for Banners, see Section 8110- 2.11.2.B of this Article, above. 3. REMOVAL OF TEMPORARY BANNER SIGNS Failure to remove the temporary sign within two (2) days after the permit has expired will be cause for enforcement action consistent with this Article. SECTION 8110 -3 - GENERAL SIGN REQUIREMENTS Section 8110 -3.1 - SIGN COLORS For centers /complexes with and without an approved sign program, all permanent signs may contain no more than four (4) different sign colors within a center /complex. When reviewing a sign permit, consideration will be given to the color of adjacent signs. The sign structure and any related supports shall be the same color and materials throughout a center /complex. Pictorial Trademarks /Logo and Trademark signs shall be excluded from the color limitations as outlined above. Section 8110 -3.2 - PLACEMENT OF SIGNS No sign shall be erected within a sight triangle (see the Zoning Ordinance for site triangle specifications), or within the public right -of -way except as allowed by this Article. KMP- 09-2- 94(11:37am)A:1CC9 -21 SGAPT 12 Section 8110 -3.3 - MASTER SIGN PROGRAMS As part of an entitlement permit, a Master Sign Program may be required to be submitted by the applicant to the Department of Community Development for review and approval. Should a Master Sign Program be determined to be required, the approved Master Sign Program shall constitute the sign requirements for the project. The sign requirements of a Master Sign Program for a complex/center will supersede the sign requirements as outlined within this Article. Section 8110 -3.4 - SIGNS WITHIN THE PUBLIC RIGHT -OF -WAY No signs, regulated by this Article, are allowed within the public right -of -way., of Si Section 8110 -3.5 - ILLUMINATED SIGNS A. Location Illuminated signs are not allowed in open space, agricultural and residential zones. Illuminated signs are allowed in other zones, subject to compliance with other sign requirements as set forth in this Article and approval of a sign permit. B. Illumination Illuminated signs in non - residential zones shall not exceed the brightness of a diffused light panel having slim -line cool white fluorescent 430 milliampere lights spaced at least twelve (12) inches on center. Sign illumination shall not result in glare being directed toward surrounding properties. The source of illumination shall not be visible from a walkway or street. Unless otherwise authorized by the Director of Community Development, internally illuminated signs which use the technique known as "push through" as well as individually illuminated channel lettering or halo lighting is required. The Director may allow a KMP- 09-2- 94(11:37am)A:1CC9 -21 SG.RPT 13 ON Section 8110 -3.5 - ILLUMINATED SIGNS A. Location Illuminated signs are not allowed in open space, agricultural and residential zones. Illuminated signs are allowed in other zones, subject to compliance with other sign requirements as set forth in this Article and approval of a sign permit. B. Illumination Illuminated signs in non - residential zones shall not exceed the brightness of a diffused light panel having slim -line cool white fluorescent 430 milliampere lights spaced at least twelve (12) inches on center. Sign illumination shall not result in glare being directed toward surrounding properties. The source of illumination shall not be visible from a walkway or street. Unless otherwise authorized by the Director of Community Development, internally illuminated signs which use the technique known as "push through" as well as individually illuminated channel lettering or halo lighting is required. The Director may allow a KMP- 09-2- 94(11:37am)A:1CC9 -21 SG.RPT 13 modification of this requirement in the interest of aesthetics or compatibility. Illumination of Industrial Monument signs shall not occur by the use of internally illuminated signs; externally illuminated monument signs are preferred see Section 8110 -2.1 of this Article. Section 8110 -3.6 - TRIMMING OF TREES No existing tree shall be trimmed, pruned or removed from a City right -of -way to increase the visibility of any sign, unless such work is first approved by the Director of Community Services. Section 8110 -3.7 - TRACKING FOR WALL SIGNS All individual letter or channel letter Wall signs shall be installed using a track system. SECTION 8110 -4 - SIGN PERMIT ADMINISTRATION Section 8110 -4.1 - PERMIT REQUIREMENTS A. APPLICATION Except as expressly allowed by this Article, no person shall authorize, erect, construct, remove (except as outlined within Section 8110 - 9.13.2. of this Article), alter, change, place, suspend or attach any sign within the City without first obtaining an approved sign permit from the Department of Community Development. The application for such sign permit should be made on the form provided by the Department of Community Development. A fee, as established by the City Council resolution is required to accompany each application for a sign permit. B. CONSISTENCY REVIEW An application for a sign permit will be reviewed by the Director of Community Development or a designee for consistency with the requirements of this Article and the criteria of this Section. The Director may approve, or conditionally approve any sign which meets the standards of this Article. The Director of Community Development may not approve any sign that does not meet the standards of this Article. KMP- 09-2 -94 (11:37am)A:tCC9 -21 SG. RPT 14 No sign permit of any kind will be issued for an existing or proposed sign unless such sign is consistent with the requirements of this Article in every respect or is consistent with any Master Sign Program in effect for the subject property. Any decision made by the Director of Community Development may be appealed in accordance with the provisions of this Article. r. W1 ZITr. Mar- - , :.e 221 F:Srm I= KMP- 09- 2- 94(11:37am)AACC9 -21 SG.RPT 15 WM IT Sr KMP- 09- 2- 94(11:37am)AACC9 -21 SG.RPT 15 WM KMP- 09- 2- 94(11:37am)AACC9 -21 SG.RPT 15 SP. SIGN PERMIT TAGS Every sign requiring a sign permit is required to have the permit number placed on the approved sign. At the time of permit issuance, the City will issue a permit tag which is required to be permanently affixed to the lower right corner of the sign. The tag should state the permit number assigned by the City for the sign. Section 8110 -4.2 - COMPUTATION OF SIGN AREA AND SIGN HEIGHT A. INDIVIDUAL SIGNS The sign area will be measured by drawing a rectangle around the perimeter of the lettering and /or the pictorial symbol and calculating the area of the rectangle. B. MULTI -FACED SIGNS The sign area for a sign with more than one (1) face shall be computed by counting only one (1) face of the sign, provided the sign meets the double -sided sign requirements. If this is not met, the face of the square footage of each side of a sign will be calculated when determining the total sign square footage for a building. C. SIGN HEIGHT The height of a sign will be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade will be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, excluding any filling, berming, mounding, or excavating solely for the purpose of locating the sign. D. DOUBLE -SIDED SIGNS Any sign erected on the back of another sign must have the same exterior dimensions as the existing sign. If this is met, the sign area will be calculated based upon the square footage of one (1) side of the sign. KMP- M2- 94(11:37am)A:1CC9 -21 SG. RPT 16 SECTION 8110 -5 - SIGN CONSTRUCTION AND MAINTENANCE STANDARDS All signs should be designed, constructed, and maintained (see definition) in accordance with the following standards: A. CONSTRUCTION All signs are required to comply with applicable provisions of the Uniform Building Code, the Underwriters Laboratory (U.L.) Standards and the Electrical Code of the City at all times. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Article, all signs are required to be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure. B. SIGN MAINTENANCE STANDARDS Every sign, as allowed by this Article, is required to be maintained in. good condition. 1. Unsafe Signs (as defined) Pursuant to the Director of Community Development, signs in eminent danger of causing harm to persons or the building shall be removed within twenty -four (24) hours of receiving notice from the City. 2. Signs which are not maintained (as defined) Signs which are not maintained shall be removed or rehabilitated to the original sign standards within seven (7) days of receiving notice from the City. 3. Banners which are not maintained All permitted banners which are not maintained, as approved, shall be removed within two (2) days after notice has been given by the City. KMP- 09- 2- 94 (11:37am)AACC9 -21 SG. RPT 17 SECTION 8110 -6 - EXEMPTED SIGNS The following signs on pivate property may be exempt from the requirements of this Article. , dange, la 'a. Signs required on private property consistent with the California Vehicle Code. s b. Memorial tablets or signs not exceeding two (2) square feet, including those indicating names of buildings and dates of construction, when cut into a masonry surface or inlaid so as to be part of the building, or when constructed of bronze or similar noncombustible material. d Signs required to be maintained by law or governmental order, rule or regulation, with a total surface area not exceeding ten (10) square feet, excel# as o #herwise rpgl; -C b ia�WF on any lot; street address numbers with a total surface area not exceeding two square feet. SLIGh flagI3 G-F A-Mb-19IT16, RGt tG GXGeed fifty (6) squaFe feet,- -are nGt used iR # d. No permit is required for the erection, construction of signs placed by a public utility, conveying information on the maintenance of official traffic, fire and police signs, signals, location of facilities in the furtherance of service devices, marking of the California Department of Transportation (CALTRANS), City, or other public authority for the posting of notices required by law. g Temporary construction signs, provided that: (1) Only one (1) sign is erected per construction site; (2) The sign does not exceed six (6) square feet in open space, agricultural and R- zones, or sixteen (16) square feet in all other zones; KMP- 09- 2- 94(11:37am)A:1CC9 -21 SG.RPT 18 (3) The sign is used only to indicate the name of the construction project and the names and locations (state and city or community only) of the contractors, architects, engineers, landscape designers, project or leasing agent, and /or financing company; (4) The sign is displayed during construction only; and (5) If a freestanding sign, in all zones the sign shall not exceed four (4) feet in height. f. Other signs, including "no trespassing" signs, having noncommercial messages with each sign not exceeding two (2) square feet in area on any lot. g. Individual window signs not exceeding twenty -five percent (25 %) of the total window area per window for a business. h. Holiday Signs, as defined. L Signs erected for City sponsored or co- sponsored events. j. Balloons less than two (2) feet in diameter if the number of balloons does not exceed ten balloons. SECTION 8110 -7 - PROHIBITED SIGNS The following signs and sign types are prohibited: a. A- frame, sandwich board and portable freestanding signs, except as outlined within the Downtown Sign Guidelines, see Section 8110.11 of this Article. b. Bench signs. C. Barber Poles. d. Signs which flash (every five seconds or sooner), scintillate, move or rotate, except for clocks and time and temperature signs with no advertising or signs which change color or appear to change color or where the intensity of light changes or appears to change. f. Captive balloons (as defined). g. Portable and trailer- mounted off -site advertising or tract signs, except as allowed in Section 8110 -10 of this Article. h. Any sign which emits sound. i. Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with any free use of any fire escape, exit, or will obstruct any stairway, door, ventilator or window. j. Roof signs. k. Canopy signs. I. Projecting signs. M. Any sign or sign structure which is structurally unsafe (see definition section of this Article) or constitutes a hazard to the health, safety or welfare of persons by reason of design, inadequate maintenance or dilapidation, except for. utility identification or similar purpose. n. Any sign erected or attached to any tree or utility pole within any public right -of- way (see SeGtOGR 8110 3.4 Gf this AFtiGle and with the exeeptieR ef Gity 6PGA6GFed o. Any sign erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic. P. The use of any item of merchandise or other commodity related to the business as a sign, except as such commodity may be permanently incorporated into a sign structure as allowed by this Article. q. Signs attached to the exterior surfaces of windows. r. Off -site signs, except as specifically allowed in Sections 8110 -10 of this Article. Pole Signs., 69e 89GtOGA . . KMP- 09-2- 94(11:37am)A:1CC9.21 SGAPT 20 SECTION 8110 -8 - NON - CONFORMING AND ILLEGAL SIGNS A. CHAN�� flF TENANCY B A. NON - CONFORMING SIGNS DUE TO SIGN AREA In cases where the area of signs existing as a valid non - conforming sign on a property exceeds the total allowable area of allowable signage, no additional signage, for the same owner and business, shall be allowed on the property. fie-- size --9F C REPAIR OF NON - CONFORMING SIGNS WITH INCREASED SIGN AREA A non - conforming sign may be repaired, provided that it has not been damaged in excess of fifty percent (50 %) of its value. Such damaged non - conforming sign may not be expanded, reconstructed or relocated without being made to comply in all respects with the provisions of this Article, in compl(artice`with Section 5497 of * he Busgess and .. _.. Profess *tonal !bode KMP- M2- 94(11:37am)A:1CC9 -21 SG.RPT 21 Rv .• i__ IN IN.A. "M - ~1_ ! 0100_101@11 �__ -C - KMP- M2- 94(11:37am)A:1CC9 -21 SG.RPT 21 SECTION 8110 -9 - NUISANCE AND ABATEMENT, VIOLATIONS, ENFORCEMENT AND PENALTIES The City hereby adopts the Business and Professions Code Section 5499.1 et seg., for the nuisance abatement of permanent illegal signs. SECTION 8110 -9.1 - VIOLATION, ENFORCEMENT, PENALTIES AND AMORTIZATION Any of the following is a violation of this Article, and will be subject to the enforcement remedies and penalties provided by this Article. Each sign installed, created, erected, or maintained in violation of this Article shall be considered a separate violation when applying the penalty portions of this Article. A. VIOLATIONS It is a violation of this Article: To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone on which the sign is located; To install, create, erect, or maintain any sign requiring a permit without such a permit; To fail to remove any sign that is installed, created, erected, or maintained in violation of this Article, or for which the sign permit has lapsed; or To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this Article. B. ENFORCEMENT AND PENALTIES A violation of this Article Of the -Cited -shall be punishable as outlined within Article 14, of the Zoning Ordinance. 1. Amortization of Billboards The Amortization of billboards shall be consistent with State Law, and the requirements for just compensation. KMP- 09-2- 94(11:37am)AACC9 -21 SG.RPT 22 SECTION 8110 -10 - SPECIAL PURPOSE SIGNS Section 8110 -10.1 -RESIDENTIAL AND MISCELLANEOUS SIGNAGE This Section deals with signs in areas residentially zoned and with miscellaneous signs such as political signs. Section 8110- 10.1.1 - RESIDENTIAL ZONES No signage is allowed in residential zones except outlined as follows: A. HOME IMPROVEMENT SIGNS 1. Permit No permit is required for Home Improvement Signs provided that they meet the criteria as outlined below. 2. Location On -site Home Improvement Signs may be placed in the front or side yard where said improvements are being made. No sign shall be placed on any tree or in any setback areas (see Zoning Ordinance for setback requirements per Zones). Said Home Improvement Sign must to securely fastened to the ground or non - permanently attached to the building. 3. Size and Height Home Improvement Signs may be a freestanding sign not exceeding seven (7) square feet. The signs shall not be illuminated. 4. Removal Home Improvement Signs may be placed during construction, but must be removed no later than seven (7) calendar days after construction is completed. B. REAL ESTATE SIGNS On a lot, there may be placed one (1) unanimated, non - illuminated real estate sign; provided, such sign may be limited to wall and freestanding signs whose maximum sign area may not exceed the following: KMP-09- 2- 94 (11:37am)AACC9 -21 SGAPT 23 . . 21. FOR RENT AND FOR LEASE SIGNS IN MULTI FAMILY RESIDENTIA ZONES �v- RESIDENTIAL, AGRICULTURAL,AND OPEN SPACE ZONES Signs " shall be allowed on -site only or on other private property with the consent of the owner. These signs must be in conformance with the provisions of this Article. A sign permit from the Department of Community Development is required prior to the installation of the sign. (a) Size.- The sign may not exceed six (6) square feet. (b) Height - May not exceed seven (7) feet measured from finished grade. (c) Materials - The sign should be complementary to the building for which the sign is advertising. (d) Location - Not less than five (5) feet from the property line and must be located within one of the City's multifamily residential zones. (e) OTHER RESTRICTIONS - Signs shall not be illuminated and shall not be placed within fifty (50) feet from any corner or other directional signs. No more than one (1) such sign may be displayed on each street frontage. Such signs may be located no closer than fifty (50) feet from any corner. All signs shall carry only the name of the residential complex, business address and business phone number and "For Rent" and /or "For Lease ". No changeable copy, picture, or graphic may be included on such sign. 3 2. COMMERCIAL AND INDUSTRIAL ZONES One (1) sixteen (16) square foot non - illuminated sign. In these zones, the real estate sign height may not exceed seven (7) feet, if affixed to the ground. One real estate sign per street frontage per site may be displayed on a building or site advertising the sale or lease of a commercial or industrial lot, provided the sign does not exceed sixteen (16) square feet in sign area; there is no height limitation for signs displayed on a building, but in no cases may the sign project into the public right -of -way or extend beyond the roof line. KMP- 09- 2- 94(11:37am )A: \CC9 -21 SG.RPT 24 C. TEMPORARY OPEN HOUSE SIGNS A non - illuminated sign on private property, of a size not greater than four (4) square feet and four feet in height, may be placed at a rate of one (1) per company, per home, per intersection, for a period from 9:00 a.m. to 8:00 p.m. on the day of the open house; provided, that there shall be only one (1) route designated by signs to a particular open house. No more than four (4) directional open house signs shall be placed within the City limits for any one open house on any one day. Temporary open house signs are to be located on private property, written permission must be obtained from'; tte pra e r nw�n r in tder to install a teimpo .A sign ±on> priva 0* pr9P9 sty. # er k►e-pr e ewneF. Such signs shall be erected and removed on the same day the open house is held and shall not be fastened or attached in any way to a building facade or architectural element or any street fixture or placed within the right -of -way. D. NEIGHBORHOOD IDENTIFICATION SIGNS Neighborhood Identification signs may be approved at the discretion of the approving authority for the Residential Planned Development permit. E. BOUTIQUE SALE /GARAGE/YARD SALE SIGNS The following regulations may regulate and control garage /yard sale /boutique signs. 1. Size Boutique Sale Signs Boutique signs may not exceed eighteen (18) inches by twenty -four (24) inches. Garage Sale/Yard Sale Signs Garage Sale/Yard Sale Signs may not exceed two (2) feet by three (3) feet. 2. Number Boutique Sale Signs and Garage Sale/Yard Sale Signs A maximum of eight (8) off -site directional signs are allowed by permit. KMP -09-2 -94 (11:37am)A ACC9 -21 SG. RPT 25 3. Notification for placement of Boutique Sale Sign and Garage Sale/Yard Sale Signs on Private Property Written permission to erect signs on private property shall be obtained from the property owners of the site where such signs are to be placed. This written authorization shall be provided to the City upon request. 4. Duration for Boutique Sale and Garage Sale/Yard Sale Signs Signs may be placed only during the hours that the sale is being conducted and shall be removed at the close of the sale activities each day. 5. General No signs shall be placed on utility poles or in the public right -of -way, except in the event of City sponsored or City co- sponsored activities. Section 8110 - 10.1.32 - TRACT SIGNS A. OFF -SITE TRACT SIGNS Such signs are allowed on agriculturally zoned property, on vacant residentially or industrially zoned property, and on vacant property zoned C.P.D., only after a final tract map has been recorded, for a period 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. No tract shall have more than four (4) off -site signs advertising its existence. Such signs may be located adjacent to routes traveled to reach the advertised tract. Ne e# site t Per st be giried from.. the property cswner who ,owns the land tispon which the sign will be IttstaileCf ..A deposit, to be established by the Director of Community Development, for removal of the sign is required. Additional extensions at six (6) month intervals may be granted by the Director of Community Development at the Director's discretion. B. ON -SITE TRACT SIGNS Is limited to one (1) sign per major street entrance to the site. C. CITY RESTRICTIONS Tract signs located within the City shall advertise only tracts located within the City. No tract sign shall be placed within five hundred (500) feet of any other tract sign. KMP- M2- 94(11:37am)AACC9 -21 SG. RPT 26 D. MODEL TRACT FLAGPOLES Model home tract flag pole may be allowed provided that a plot plan is required to be submitted and approved that complies with the following requirements: (1) A plot plan showing the location of all proposed poles, setbacks, height, spacing dimensions, number and size. (2) Location - Allowed only around the perimeter of the tract site area and complex, and may not be allowed to exceed two hundred (200) feet from the nearest model unit or within two hundred (200) feet of any occupied residence. (3) Height - Fourteen (14) feet maximum. (4) Setbacks - Three (3) feet minimum from property boundaries. (5) Spacing - To be determined at the time of review of the plot plan and approval of the permit. (6) Flag Size - Twelve (12) square feet maximum. (7) Flag Pole Number - Maximum of two (2) flag poles per model unit and one (1) flag per pole. (8) Time period - Allowed for one (1) year or until the last unit is sold, whichever occurs first. Renewals of the permit shall not exceed one (1) year for each renewal as approved by the Director of Community development. (9) Removal Deposit - The applicant is required to pay such application fees and removal fees as the City Council may adopt by Resolution. Such fees are required to be sufficient to cover one hundred percent (100 %) of all costs to the City in administering these sections. (10) The Director of Community Development may modify these requirements due to a topographic location hardship. (11) All model tract flags are required to be well maintained and kept in good condition (i.e. not tattered or torn). KMP-09- 2- 94 (11:37am)AACC9 -21 SG. RPT 27 3. LOCATION Political signs may not be affixed, installed, or erected within one hundred (100) feet of a polling place or historic site, nor in any location where the sign will impair sight distance or create a hazard to traffic or pedestrians, nor on any telephone pole, lamppost, tree, wall, fence, bridge, bench, hydrant, curbstone, sidewalk or other structure in or upon any public right -of -way, nor upon any other public property. 4. ENFORCEMENT Except for signs remaining posted after the post - election deadline, any political sign not posted in accordance with the provisions of this Article may be deemed to be a public nuisance and may be subject to removal by the candidate, property owner, or, when a ballot proposition is involved, the authorized agent of the group or organization sponsoring the sign or, upon their failure to do so after reasonable attempt at notice by the City, by City officers or Code Enforcement Officers. Any political sign which is not removed within the ten (10) days following an election shall be subject to summary removal and confiscation by the City. Should the political sign remain posted after ten (10) days, a Code Enforcement Officer shall notify the political party in writing notifying the party to remove the sign within seven (7) days following the issuance of the, letter. Should the political sign(s) remain posted after these seven (7) days a Code Enforcement Officer will confiscate the sign(s) and appropriate code enforcement fees shall be charged to the advertising party for the removal of the signs. Fees to be charged to the advertising party as follows: $100.00 for the first sign and $25.00 for each sign to be removed by a Code Enforcement Officer. Section 8110 -10.2 - SERVICE STATION SIGNS Service stations may be allowed the following signs in addition to the signs allowed by the zone designation subject to applicable provisions of this Article. A. SIGNS ATTACHED TO THE CANOPY Canopy signs are allowed by permit. The maximum canopy signage may not exceed one half (1/2) square foot of signage per two (2) feet of linear square feet of street frontage, not to exceed twenty (20) square feet. One (1) canopy sign may be allowed on the face adjacent to street frontages only. Canopy Signs are prohibited from extending beyond the canopy or parapet to which it is attached and are prohibited from being located on the incline or slope of the canopy. KMP- 032- 94(11:37am)A:1CC9 -21 SG.RPT 29 G $. MONUMENT SIGNS One (1) Monument sign to include a changeable copy price sign is allowed. The size of the Monument sign may be a maximum of five (5) feet in height and six (6) feet in width (30 square feet of sign area). Monument signs may encroach into one -half (1/2) of the required setback area. However, the minimum sign setback area is four (4) feet or as outlined within the Zoning Ordinance, Zoning Matrix, whichever is greater. Said sign may be illuminated, consistent with illumination policies as outlined within Section 8110 -3.5 of this Article. The monument sign may have individually illuminated channel letters or solid individual letters which are back -lit (Halo -lit). External and indirect lighting is not allowed. Individual letters on the monument signs may be not less than twelve (12) inches in height and no more than eighteen (18) inches in height. All monument signs must be surrounded by a minimum four (4) foot wide landscaped planter area; four (4) feet must be measured in all directions. The monument sign must have a solid base rather than pole supports- 0 C. OVERALL AREA LIMIT The maximum total sign area for a service station site is one hundred (100) square feet. Section 8110 -10.3 - DRIVE THROUGH RESTAURANTS A drive -in or drive- through restaurant is allowed one (1) menu board not exceeding sixteen (16) square feet in area, which may not be counted toward the sign area or permitted number of signs otherwise allowed for the lot or premises. No riders on menu boards are allowed. KMP -M2 -94 (11:37am)A:1CC9 -21 SG. RPT 30 KMP -09.2- 94(11:37am)A:1CC9 -21 SG.RPT 31 SECTION 8110 -11 - DOWNTOWN SIGN REGULATIONS (CONSULT THE ATTACHED LOCATION MAP, WHICH IDENTIFIES THE AREA SUBJECT TO THE DOWNTOWN SIGN REGULATIONS. DOWNTOWN SIGN AREA TO BE ADDED TO THE CITY'S ZONING MAP). A. Introduction No new, altered or changed signs shall be installed or utilized without the proper review and approval of the Department of Community Development. A sign permit shall be required prior to the placing, erecting, moving, reconstructing, altering, or displaying of any sign within the downtown. Minor repair of all or part of an existing sign so as to duplicate the appearance and location of the original sign shall not require City review and approval. Section 8110 -11.0 - RELATIONSHIP OF CITYWIDE SIGN REQUIREMENTS TO THE DOWNTOWN SIGN REQUIREMENTS All of the sign requirements as outlined within the Citywide sign article apply to the Downtown area., except as outlined in Seet)op `.8110 1;1 of this Article. Section 8110 -11.2 1 - CONSIDERATIONS WHEN SUBMITTING A REQUEST FOR A SIGN PERMIT In order to provide general guidance to those preparing to achieve conformance with the Downtown Sign requirements, the following elements must be considered in all signage proposals. A. Materials and Colors Materials used to construct or that are to be assembled as signage should be compatible with the exterior treatment of the building they identify. The text for all signs within the downtown shall be compatible reflecting Moorpark's rural heritage. 1. Materials The range of signs acceptable for downtown includes not only those made from traditional materials, such as painted and carved wooden signs, painted wall signs or signs applied to awnings but also those made of newer, modern materials, such as plastic or plastic - lettered signs, neon signs, backlit signs and die -cut metal panels with light sources behind them. Consistent quality, rather than uniform materials or standard- ized placement, relates the signs to each other. KMP4)9- 2- 94(11:37am)AACC9 -21 SG.RPT 32 2. Colors The use of more than two (2) colors is encouraged to promote visual interest. However, the combined use of two primary colors is not encouraged, particularly bright red and bright yellow; other fluorescent colors are not encouraged. Colors should be consistent with the early California themes, and relevant to building architecture. Bright colors should be used for lettering and not major building surfaces. No more than 3 colors complementary to the support structure and primary building shall be used on the sign. B. Support Structures The types of materials used for the support structures of signs may include, but are not limited to, wood, wood - carved signs, wrought -iron with painted sign facing, and painted sheet metals, given that the entire surface is painted. C. Sign Face Color schemes used for signage should not only complement the building for which the sign advertises but also should relate to other structures, signage and graphics in the vicinity, in order to create a sense of continuity. D. Sign Placement A sign should be placed so that it does not clash with the building's architecture, but is prominent enough to be noticed. Geed Signs which are well designed relate well not only to their own storefronts, but also to the other signs and storefronts along the block. Historically, downtown has been filled with a rich variety of signs. When deciding a sign location, the approving authority will review all Downtown Signs in reference to the following: 1. Avoid overly large signs. 2. Do not obscure or destroy architectural details, this detailing greatly enhances the downtown character and atmosphere. KMP- 09.2- 94(11:37am)AACC9 -21 SG. RPT 33 3. Coordinate the placement of signage on adjacent storefronts, especially those to be placed on the same building. Placing a sign higher or lower than adjacent signs may not increase readability, but instead create visual confusion. However, if the adjoining signs are overscaled or badly positioned, the only solution is to do what is best for your storefront within the permitted City guidelines and wait for neighboring merchants or land owner to follow your example or for City conformance deadlines to be initiated. E. Lighting Quality Lighting should not be excessively bright, garish, glaring or reflective. It shall not illuminate neighboring sites and shall not be disruptive to neighborhood uses. Any sign that flashes, or blinks, or that creates changes in hues or intensity of illumination, is prohibited within the downtown area. All signs which are lit are required to not exceed the brightness of a diffused light panel having slim -line cool white fluorescent 430 milliampere lights spaced at least twelve (12) inches on center. Sign illuminations shall not result in glare being directed toward surrounding properties. 1. Externally Lighted Signs a. All externally lighted sources must have some type of guide or shield that directs the lighting toward the sign face so objects and /or structures not meant to be illuminated are shielded. b. Electrical lines from buildings to signs should be hidden by all possible means. However, when this is not feasible, the conduit shall be painted to match the existing building. C. Light fixtures in planted areas or within support structures shall be screened. d. Exposed light fixtures should be inconspicuous and should be integrated into the exterior of the sign through the application of appropriate design, style and color of the hardware. KMP- M2- 94(11:37am)AACC9 -21 SGAPT 34 2. Internally Lighted Signs a. Alternatives to internally lit signs are available and are encouraged to be used by businesses whose principal use is conducted after dark. b. If internally illuminated signs are proposed, a dark plexiglass background and light lettering is encouraged as a means of reducing glare. C. Individual internally lit canister letters are acceptable where appropriate. d. Creative and artistic applications of neon used in signs and other graphics are acceptable where appropriate. F. Lettering Size and Style In no case may the letter size, except those on a Marquee Sign, be greater than eighteen (18) inches in height. The lettering style of a sign should be consistent with the architecture of the building and should complement, rather than detract, from the signage for the business and surrounding businesses. Section 8110 -11.2 - EXEMPTED SIGNS The signs exempted within the downtown are consistent with Section 8110 -6 of this Article. Section 8110 -11.3 - SIGNS PROHIBITED IN THE DOWNTOWN The following types of signs are specifically prohibited within the downtown area: 1. Balloon signs (a type of temporary sign which is inflatable). 2. Changeable copy wall and ground signs (except for theaters, places of worship, schools, government buildings, gas station price signs only), and signs currently in existence utilized by non - profit organizations. 3. Signs which emit sounds, odors, smoke, steam, laser or hologram lights, etc.). KMP- 09- 2- 94(11:37am)A:1CC9 -21 SGAPT 35 4. Flashing /blinking /animated /variable message or active attention - getting signs, including electronic message board signs, which flash every five (5) seconds or sooner. 5. Moving or rotating signs. 6. Private signs posted in the public right -of -way or on public property, poles, trees or equipment, except as allowed by Section 8110 -11.6 of this Article. 7. Roof signs. 8. Signs which imitate or interfere with traffic control signs and signals. 9. Off -site signs, except as allowed with an encroachment permit, see Section 8110 -11.6 of this Article. 10. Bench signs. 11. Any sign erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic. 12. Pylon signs. 13. Tract signs. 14. Pole signs. KMP- 09.2- 94(11:37am)AACC9 -21 SG.RPT 36 Section 8110 -11.4 - SIGNS ALLOWED IN THE DOWNTOWN In addition to those signs alloAeo in commercial and industrial zones, as outlined within Section 8110 -2 of this Article, t he following types of signs are governed by the provisions outlined below: A. WALL SIGNS (NOT INCLUDING WALL SIGNS FOR SIDE ELEVATIONS FOR MARKETS) 1. Size Front Elevations Wall signs on the front of an elevation may contain a maximum sign area of twenty (20) square feet per building tenant. Side and Rear Elevations Signs on the side or rear of an elevation may be allowed and may not exceed one half (1/2) square foot of sign area per one (1) foot of side shop frontage not to exceed ten (10) square feet. 2. Height Wall signs for all elevations may not exceed protect beyond the height eutside - wall - of the wa(1. of a building upon which the wall sign is to be loc 3. Length Front Elevations The length of a wall sign may not be greater than seventy -five (75 %) of the wall's linear measurement. Side and Rear Elevations Signs on the side or rear of an elevations may be allowed and may not exceed one half (1/2) square foot of sign area per one (1) foot of side shop frontage not to exceed ten (10) square feet. KMP- M2- 94(11:37am)AACC9 -21 SG.RPT 37 4. Number of Signs Front Elevations One (1) front elevation wall sign per tenant may be allowed. Side and Rear Elevations One (1) side or rear elevation wall sign per tenant may allowed, with a maximum of two elevation signs per building. 5. Illumination Wall signs may be illuminated, consistent with illumination policies as outlined within Section 84 4 0 3.6 t 3- t of this Article. External and indirect lighting is not allowed for wall signs. 6. Letter Size The maximum lettering height may not exceed eighteen (18) inches in height. 7. Mounting All wall signs shall be mounted parallel to the wall and shall not project more than eight (8) inches from the wall. 8. Design Wall signs mu B. WALL SIGNS (ON THE SIDE OF AN ELEVATION) FOR MARKETS WITHIN THE DOWNTOWN 1. Size and Height Wall signs for the side of markets shall be allowed by permit. One Wall sign per ten (10) feet of the linear frontage of a wall with a maximum of six (6) wall signs is allowed. The maximum height may not exceed three and one half (3 1/2) feet by two (2) feet in width. KMP- 09- 2- 94(11:37am)A:\CC9-21 SG.RPT 38 2. Number There may be no more than six (6) wall signs on the side of a market. No wall signs are allowed for markets on the rear of the building. 3. Location All wall signs for markets shall be placed on the side elevation and shall be evenly distributed, spaced every ten (10) feet with a maximum of six (6) signs. 4. Illumination Market wall signs on the side of a building are not allowed to be illuminated. 5. Letter Size The lettering on the market wall advertising sign should complement the architecture of the building and may not exceed eighteen (18) inches in height. 6. Mounting For those market wall signs which are not currently framed, a sign permit will be required so that the frame which will be continuously used to advertise market specials is consistent with the requirements of this Section. 7. Design All temporary wall signs shall be neatly framed and consistent with the specifications as outlined within Section 8110 -11.A of this Article. 8. Duration Market wall signs are intended to temporarily advertise market specials. Said special advertising signs sbeuld shall( not remain up for mare fl an two (2) weeks. -Ne KMP- 09- 2- 94(11:37am)AACC9 -21 SG.RPT 39 C. PROJECTING SIGNS /HANGING SIGNS 1. Size and Height- '�`t�,, � w The maximum sign heig or a projecting /hanging sign may not xceed twelve (12) feet and the minimum sig �( t may not be less than eight (8) feet. Said sign area may be nine (9) square feet. All projecting /hanging signs require a sign permit. A projecting /hanging sign is not allowed within the public right -of -way including sidewalk area, unless an encroachment permit is obtained consistent with Section 8110 -11.6 of this Article. 2. Number of Signs 2�,5 One projecting /hanging sign may be allowed per b�. 3. Location Projecting /hanging signs should sh* If be centered (as defined) cVrectl above the 'I entrance to a business establishment. If there are other projecting Signs, should be placed at the same elevation as other projecting signs. -y 4. Illumination Projecting /hanging signs 6heuld shall not be illuminated. 5. Letter size All letters on a Projecting /Hanging Signs may be no more than 18 inches in height. Projecting signs 6heuld sh all be scaled so as to not overwhelm the building. 6. Piertegraphe LO006 The use of Pietegraphr, It os is encouraged to illustrate the type of business graphically, without the use of words. The maximum height shaCC be consistent >witFt $�ctic,n S�'�Q -2 � cad this: Article;; D. A- FRAME, SANDWICH BOARD SIGNS 1. Size and Height The size of the A -Frame sign may be not larger than two (2) feet wide by three and one half (3 1/2) feet in height. A -Frame and Sandwich board signs require a sign permit. KMP-09- 2- 94(11:37am)AACC9 -21 SG.RPT 40 2. Number of Signs Only one A -Frame sign is allowed per business . A -Frame sign may be double sided. 3. Uses Permitted to Have an A -Frame Sign Restaurants (as defined) and theaters are allowed to erect A -Frame signs. 4. Location An A -Frame or Sandwich board sign is not allowed within the public right -of -way without obtaining an encroachment permit, see Section 8110 -11.6 of this Article. All A -Frame Signs to be placed within the public right -of -way must be placed as to not interfere vVith a minimum five (5) foot wide unobstructed pathway along the sidewalk area, right -of -way. 5. Illumination A -Frame signs shall not be illuminated. 6. Design The design of an A -Frame sign shall a). E. BARBER POLES Barber Poles are allowed within the downtown. One Barber Pole per barber shop is allowed. Said Barber Pole may be no more than two (2) feet by nine (9) inches and shall be attached to a building in a similar fashion to that of a projecting sign, see projecting sign requirements. KMP- M2- 94(11:37am)A:\CC9 -21 SGAPT 41 F. MONUMENT SIGNS 1. Size and Height a. Individual Businesses Commercial buildings with a building setback of fifteen (15) feet or greater are allowed one (1) monument sign per parcel. 2. Location Monument signs may encroach into one -half (1/2) of the required setback area. However, the minimum sign setback area is four (4) feet or as outlined within the Zoning Ordinance, Zoning Matrix, whichever is greater. 3. Illumination Monument signs within the downtown may not be illuminated. 4. Letter Size The maximum letter height for Monument signs within the downtown may not exceed eighteen (18) inches in height. 5. Landscaping All monument signs within the downtown must be surrounded by a minimum four (4) foot wide landscaped planter area; four (4) feet must be measured in all directions. 6. Mounting A Monument sign within the downtown must have a solid base rather than pole supports. 7. Design The design of the Monument sign within the downtown shall be aFGhiteetuFally KMP- 09-2- 94(11:37am)AACC9 -21 SG.RPT 42 G. CANOPY SIGNS 1. Size The length of the Canopy Sign may be not greater than seventy -five (75 %) percent of the linear frontage of a building. 2. Letter Size The letter size of a Canopy Sign may not exceed eighteen (18) inches in height. 3. Location Only Canopy Signs,: whp advertise businesses iocated dtte�tl r behind the ttttStilt tfiBWit;9 on the front of a building elevation area allowed. The Canopy Sign shall be centered (as defined) on the Canopy of the tenants building. No Canopy sign may be located on the incline or slope of the Canopy. 4. Mounting The Canopy Sign shall be safely secured to the Canopy. 5. Illumination No Canopy Sign shall be illuminated. 6. Design and Colors The design and color of the Canopy Sign shall ors shall be as outlined within Section 8110 -11.1. A. 2., of this Article. 7. Number of Signs No more than one (1) Canopy sign may be placed on a tenants canopy, and is not allowed in addition to a Wall Sign on the front of a building. Section 8110 -11.5 - DOWNTOWN SIGNS WITHIN THE PUBLIC RIGHT -OF -WAY No signs are allowed within the public right -of -way except for A- Frame /Sandwich Board Signs, Canopy Sign, Projecting /Hanging signs. These signs may be allowed by obtaining an encroachment permit. The sign must advertise the business which is located KMP- 09-2- 94(11:37am)AACC9-21 SGAPT 43 :.: ;.:. :> <>:.:, ::: .:;:.::..;.,:; Signs for government and public utility b1in ... edxrt�i€� tfevice 9 9 p .... Tnh2} .... J. .. ... ..... :. company's may be located within the public right -of -way, see Section 8110 -6 of this Article. SECTION 8110 -12 - DEFINITIONS Words and phases used in Article 10 have the meanings set forth in this section. Words and phrased not defined in this section but defined in the City Zoning Ordinance are given the meanings set forth in the City's Zoning Ordinance. Advertising Sign - A sign which calls attention to products, goods or services for sale or hire, or which otherwise contains a commercial message. A -Frame (Sandwich Board Sign1 - A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. A -Frame signs are ordinarily in the shape of an "A ", easily moveable, and are usually two- sided. Area. Sign - or Sign Area - The total area of the message surfaces of a sign computed. Banner - Any sign of light weigh fabric or similar flexible material which projects from or hangs from a building pole, or wire. Banners include without limitation pennants, flags, and vertical banners. Depending on its method of attachment, a banner sign may be a flat - mounted sign, a projecting sign, or a free - standing sign. Billboard - A sign which is located off -site, with a. single S1ded square' footage grter t( an square feet or. a , oubfe sided sign with more than `'i5Q square feet: Building - In addition to its common meaning, any structure requiring a building permit. Building Frontage - Those frontages which face upon a public or private street or parking area between such building and the street. Where a building faces two (2) or more streets, the frontage containing the primary entrance to the building is designated as the building frontage. Canopy Sign - Any sign that is-a part of or attached to: an awning, a canopy, a marquee, or a structural protective cover over a door, eRtFaRG9, window, or gas station canopy. Captive Balloon Sign - A clustering of balloons more than two (2) feet in diameter and of more than ten (10) balloons. Centering of a Sign - Shall mean the placement of a sign equidistant from the edges of the building or store frontage given a variance of not more than three (3) feet. KMP-09- 2- 94(11:37am)A:1CC9 -21 SG.RPT 44 Changeable Copy Sign - A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than one (1) time a week will be considered an animated sign and not a changeable copy sign for purposes of this Article. A sign on which the only copy that changes is electric or mechanical indication of time or temperature will be considered a 'time and temperature" portion of a sign and not a changeable copy sign for purposes of this Article. Commercial Message - Any sign wording, logo, or other representations that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. Directional Sign - Any sign which serves solely to designate entrances or exits, or the location or direction of any on -site area. Directory Sign (Kiosk Sian) - A sign listing the occupants or businesses of a building. Said sign is designed for pedestrian viewing and direction. Downtown Area - A specific commercial and industrial zone, as outlined within the attached map, which has been identified as needing different sign standards then that which has been established for the City. Double -Faced Sign - A sign structure which has two display surfaces backed against each other or against the same supporting member in such a manner that one (1) display surface is designated to be viewed from another direction. Governmental Immunity - A governmental entity who is exempt from ahe reguCat)orts Vii= the City of Moorpark's Sign Ordinance. Hanging Sign A sign wfzich protects more aP six (B irycl?es from a ceiling area: Holiday Sign /Display - A temporary sign or display erected in recognition of any religious and /or city, state or federally recognized holiday. Home Improvement Sign - A sign which advertises a re- modeling company (contractor) or company who is conducting alterations /re- modeling on a residential parcel. Identification Sign - An on -site sign which indicates the premises, occupants, addresses, neighborhood or entrance location to the premise; said identification signs may be monument or pylon signs. KMP-09- 2- 94(11:37am)A:1CC9 -21 SG. RPT 45 Informational Sign - Any sign stating the hours of operation of a business, emergency telephone numbers, credit card usage, information from the City about public events, events at public facilities or other information of a similar nature. Internally Lighted Signs - A sign with a source of illumination that is completely enclosed by the surface of the sign structure. Legal Conforming Sign - Any sign which was approved by the County; City under the previous Sign requirements., AFtisle -10. Logo Sign - Any symbol of >any valor or shade w(t(in tf'e size _..: cQrlstatnts mnda+rd by th(s Ordinance. Maintenance (of a Signl - A properly maintained sign shall be a sign which is maintained in its original (non- faded) color, is not broken in any way and whose lighting is maintained as approved. Major Tenant - Any tenant of a commercial or industrial building which occupies in excess of 10,000 square feet of space in one business location. Marquee - Any changeable copy permanent roof -like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. See changeable copy sign. Minor Tenant - Any tenant of a commercial or industrial building which occupies less than 10,000 square feet of space in one business location. Monument Sign - A low ground sign. The sign incorporates the design and building materials accenting the architectural theme of the building on the same property. No poles for the support of the sign face are allowed. Neon Sign - An illuminated sign containing colorless, odorless light source consisting of a glass tube which is bent to form letters, symbols or other shapes. Non - Commercial Message Sign - A display or statement on a sign which calls attention to something other than products, goods, or services for sale or hire. Non - Conforming Sign - Any sign that does not conform to the requirements of this Article. KMP- 09.2- 94(11:37am)AACC9 -21 SG.RPT 46 Off -Site SigNIO"Ibeard -Sian - A sign which displays seFnmersiai -e non- commercial messages related to property, goods, services, or ideas not found on, or related to, the property on which the sign is located. On -Site Sign - A sign located on the same site as the occupant, business, trade or profession to which is relates. Out - Tenant Parcel - A parcel or lot which is not located adjacent to other parcels; a parcel which is not surrounded by any other commercial or industrial land uses. Permanent Sign - A sign intended to be erected and maintained for a period of more than sixty (60) days. Pole Sign - A sign which is mounted on a one or. more. poles. Political Sign - A temporary sign concerning candidates for political office or involving a ballot issue. It may also include signs which express personal views on matters of public discussion. Projecting Sign - Any sign affixed to a building or wall which projects more than six inches beyond the surface of a building or wall. Push - Through Lettering - A plexi -glass or clear plastic internally illuminated which extends 3/8 of an inches out from the cabinet of the sign. Pylon Sign - Any sign which is supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structures. A pylon sign architecturally compliments and is compatible with the design of the building /center for which the sign is publicizing. Public Event Sign - A sign hung to provide advertisement for a City sponsored or City co- sponsored event. Real Estate Sign - A temporary sign advertising the sale, lease, er rental or exchange of the property. KMP-09- 2.94(11:37am)A:1CC9 -21 SG.RPT 47 WN .. Me- .- Pole Sign - A sign which is mounted on a one or. more. poles. Political Sign - A temporary sign concerning candidates for political office or involving a ballot issue. It may also include signs which express personal views on matters of public discussion. Projecting Sign - Any sign affixed to a building or wall which projects more than six inches beyond the surface of a building or wall. Push - Through Lettering - A plexi -glass or clear plastic internally illuminated which extends 3/8 of an inches out from the cabinet of the sign. Pylon Sign - Any sign which is supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structures. A pylon sign architecturally compliments and is compatible with the design of the building /center for which the sign is publicizing. Public Event Sign - A sign hung to provide advertisement for a City sponsored or City co- sponsored event. Real Estate Sign - A temporary sign advertising the sale, lease, er rental or exchange of the property. KMP-09- 2.94(11:37am)A:1CC9 -21 SG.RPT 47 Restaurant - Where the preparation and on -site consumption of food occurs. Riders - is any advertisement device attached to a sign which projects or is outside of the borders of the sign. Right -of -way, public - A public street, sidewalk, or- highway, or bUt RGt OnGluding a freeway. that does Rot abut a publiG Fight of way and is IeGated Withim WiG hURdF9d (200) f99t Gf Roof Sign - A sign affixed on, above, or over the roof of any building ar any srg tnounfe art wat€ that extends above the:roofline'r Sign - Anything of visual appearance primarily used for, or having the effect of attracting attention from streets, sidewalks, or other outside public areas for identification purposes. A sign does not mean displays of merchandise, products for sale on premises, ornamentation, design, recreational equipment, architecture, landscaping, pictures, paintings, and other such art forms unless the attraction, because of the location, size, use or nature thereof, has the substantial effect of attracting attention for identification purposes when viewing from an outside public area. "Sign" does not include a neon sign at any location inside a building if such sign cannot be viewed from an outside public area. For the purpose of this section, a sign is not a sign if it is inside a building, more than three (3) feet behind a window and not facing a window in such a way as to be viewed from an outside public area. A sign does not include non.;- m mer.01a t 5pe6c except for paliticl signs as reguiated herein. Sign Program - A document showing the location, dimensions, area, color and materials of all signs located on a single parcel or parcels, either under the same ownership or under the same planned development permit Street Frontage - Means the property line of a parcel abutting the public right -of -way to which such parcel has a legal right of access. Temporary Sign - Any sign that is used temporarily (only sixty {60} days or less) and is not permanently mounted. Tract Sian - An off -site sign relating to the original sale of property other than that on which the sign is located. KMP- 09 -2 -94 (11:37am) A:1CC9 -21 SG. RPT 48 TradeMark Sign - A sign which depicts a local, regional, or national symbol, word, or design used by a business to distinguish leis its products from those of Isis its competitors. The trademark is required to be registered and protected by law. Unsafe - Unsafe signs are dangerous sigas{lau+ldiags) structures or Components thereofs as stipulated within Chapter 3, of the Uniform Code for the, Abatement of Dangerous Buildings. Wall Sign - A sign attached parallel to, but within eight (8) inches of, a wall surface of, or erected and confined within the limited area outside wall or any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. Window Sign - Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. KMP-09- 2- 94(11:37am)A:1CC9 -21 SG.RPT 49 ® I I I MOORPARI< COMMUNITY SCHOOL CONTINUATION HIGH SCHOOL (.)F DOWNTOWN AREA 50 DOROTHY AV, lfK'{ ............ f I AVE ' CHAPARR®AL MIDDLE CHAPARRAL MIDDLE � '� - ---- • -. - - -- - - -- -- - I � IC INN ^. I � 1, ! �I � - SCI�OOL ` 1-� - -- I U:. API A SUBJECT TO DOWNTOWN SIGN ORDINANCE ' 50 ATTACHMENT NUMBER 2 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 NOTICE AND CALL OF SPECIAL MEETING OF THE CITY COUNCIL CITY OF MOORPARK TO THE MEMBERS OF THE CITY COUNCIL AND THE CITY CLERK OF THE CITY OF MOORPARK: NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of Moorpark is hereby called to be held on WEDNESDAY, JULY 28 1993, commencing at 6:15 p.m. Said meeting will be held in the Council Chambers of the City of Moorpark, located at 799 Moorpark Avenue, Moorpark, California. Said Special Meeting shall be for the purpose of discussing the following items. I. PUBLIC HEARINGS: Consider Approval of the Citywide and Downtown Sian Ordinance, for Inclusion in the City's Zoning Ordinance as Article 10 and the Resoinding of Article 10 of Ordinance' Number 137. Staff Recommendation: Open the public hearing, receive public testimony and close the public hearing; determine that the proposed Citywide and Downtown Sign Ordinance is categorically exempt pursuant to Section 15061(b) (3) of the State of California Environmental Quality Act (CEQA) Guidelines in that the proposed amendments to the Zoning Ordinance do not have the potential for causing a significant effect on the environment; and adopt the resolution, approving the Citywide and Downtown Sign Ordinance to be codified as Article 10 of the City's Zoning Ordinance and rescind Article 10 of Ordinance Number 137. (Continued Item 9.F. from 6/16/93; Item I.A. from 7/14/93) II. ACTION /DISCUSSION: A. Consider Proposed 1993/94 Objectives. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item ll.L. from 6/16/93; Item ll.L. from 7/7/93; Item II.C. from 7/14/93; Item ll.A. from 7/21/93) III. CLOSED SESSION: A. Personnel. B. Personnel pursuant to Government Code Section 54957.6. C. Potential litigation pursuant to Government Code Section 54956.9(b)(1). D. Potential litigation pursuant to Government Code Section 54956.9(c). E. Negotiations for Real Property on the South Side of High Street (Southern Pacific /VCTC) pursuant to Government Code Section 54956.8. F. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54956.8. G. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E WOZNIAK Maya Mayor Pro Tom Counalmember Counalmember Counalmember rnnred m Rs ydso Ppw H. Litigation concerning Moorpark vs. CalTrans (Case No. 123655). I. Negotiations for Real Property - APN 504 -0- 030 -265 and 504 -0- 030 -267 (Buttercreek Park). J. Litigation concerning City of Moorpark vs. Foster Enterprises. Dated: July 23, 1993 9 Paul W. Law eon Jr., May r 0 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING SPECIAL MEETING NOTICE I, Dorothy J. Vandaveer, declare as follows: That I am the Deputy City Clerk of the City of Moorpark; that a SPECIAL MEETING of the City Council of,the City of Moorpark was held at 6:15 p.m. on July 28, 1993 in the Council Chambers of the Community Center and that a* copy of said Special Meeting Notice was posted on July 26, 1993 at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, CA. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 1993 at Moorpark, California. Dorothy t andaveer Deputy C Clerk aff.smt MINUTES OF THE CITY COUNCIL Moorpark, California July 28, 1993 A Special Meeting of the City Council of the City of Moorpark was held on July 28, 1993 in the Council Chambers of said city located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:20 p.m. 2. PLEDGE OF ALLEGIANCE: Councilmember Hunter led the Pledge of Allegiance. 3. ROLL CALL: Present: Councilmembers Hunter, 'Montgomery, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Jim Aguilera, Director of Community Development; Ken Gilbert, Director of Public Works; Steven Hayes, Redevelopment/ Economic Development Manager; and Dorothy Vandaveer, Deputy City Clerk. 4. PUBLIC COMMENT: None. (5.) PUBLIC HEARINGS: Consider Approval of the Citywide and Downtown Sign Ordinance, for Inclusion in the City's Zoning Ordinance as Article 10 and the Rescinding of Article 10 of Ordinance Number 137. Staff Recommendation: Open the public hearing, receive public testimony and close the public hearing; determine that the proposed Citywide and Downtown Sign Ordinance is categorically exempt pursuant to Section 15061(b) (3) of the State of California Environmental Quality Act (CEQA) Guidelines in that the proposed amendments to the Zoning Ordinance do not have the potential for causing a significant effect on the environment; and adopt the resolution, approving the Citywide and Downtown Sign Ordinance to be codified as Article 10 of the City's Zoning Ordinance and rescind Article 10 of Ordinance Number 137. (Continued Item 9.F. from 6/16/93; Item I.A. from 7/14/93). Mayor Lawrason indicated that the public hearing remains open. Minutes of the City Council Moorpark, California 2 July 28, 1993 Jim Aguilera gave the staff report and indicated that a letter has been received from the Downtown Merchants' Association which lists concerns that the Council may want to address. He said a report dated July 27, 1993 was prepared for the Council in response to the Downtown Merchants' Association letter. CONSENSUS: By consensus, the Council determined that the concerns of the Downtown Merchants' Association will be addressed prior to Council discussion of the Sign Ordinance and that it is not the desire of the Council to discuss the Sign Ordinance on a page -by -page basis. Mr. Aguilera outlined the items contained in the subject letter and related staff's comments for each item as follows: Comment No. 1. Trademark/ Logos, Section 8110- 29. -3, page 12. Mr. Aguilera said staff and Mrs. Cummings, who represents the Downtown Merchants Association, are stating the same intent for this item. Mrs. Cummings states she does not believe that registration of logos should be required nor five or more other instances in which they occur in a chain type of situation be required. Mr. Aguilera said the ordinance is written to agree with that. Councilmember Montgomery said it is inappropriate to attempt to define trademark as something used in five or more specific locations or as being an officially registered sign. He also indicated that he did not see a corresponding definition of logo. Councilmember Montgomery said the intent of the ordinance is not to preclude the use of a logo on a sign, yet he does not see that defined in the section. He said he would like to see the following changes: 1) The word "trademark" should be omitted in Section 2 and replaced with "logo ". 2) The definition of "trademark" should be removed from the definition section of the ordinance. 3) The definition of "Pictorial Trademark/ Logo" as provided on page 51 of the ordinance should be gender neutral in its language. 4) The last two sentences of the definition of "Pictorial Trademark/ Logo" on page 51 should be stricken. Minutes of the City Council Moorpark, California 3 July 28, 1993 5) On page 53, the language should be made gender neutral and the last sentence should be omitted from the definition of " Trademark Sign ". CONSENSUS: By consensus, the Council determined to modify the ordinance as described above by Councilmember Montgomery and to request the City Attorney's review of that portion of the ordinance with a request for her to check the definition of "trademark" during the review process. Comment No. 2 - Temporary Signs, Section 8110- 2.10 -C, page 13: CONSENSUS: By consensus, the Council determined to agree with the Planning Commission determination to add the last sentence in Section 2.C, page 14., which reads as follows: "If the event is sponsored or co- sponsored by the City, the City shall have the option of varying from this requirement." Comment No. 3 - Tracking (Raceway) for Wall Signs, Section 8110 -3.7, page 16: CONSENSUS: By consensus, the Council determined to agree with Mrs. Cummings' recommendation to rename Tracking to "Raceway" and that the raceway only applies to channel letters; the language elsewhere in the ordinance will be changed to be consistent. Comment No. 4 - Colors, Section 8110- 11.2 -A.2, page 37: Planning Commission has recommended no more than three colors complimentary to the support structure and primary building be used on signs. Councilmember Hunter said the City Attorney should review the use of the word "should" in this section so that it is used consistently throughout the proposed ordinance if used. CONSENSUS: By consensus, the Council determined that the City Attorney should review the ordinance for the use of the word "should" or "shall" in the ordinance. Comment No. 5 - Wall Signs, Section 8110 - 11.5 -A.1, page 41: Minutes of the City Council Moorpark, California 4 July 28, 1993 CONSENSUS: By consensus, the Council determined that sign area will be 30 square feet per building tenant and that existing signs will be allowed until the tenant makes a change. At that time they will conform to the established square footage for the sign. Comment No. 6 - External and Indirect Lighting, Section 8110 -11.5 - A.S, page 42: CONSENSUS: By consensus, the Council determined that reference to this requirement should be deleted. Comment No. 7 - Projecting /Hanging Signs, Section 8110- 11.5 - C.A., page 43: CONSENSUS: By consensus, the Council !determined that a maximum of eleven square feet of sign area for projecting/ hanging signs is acceptable, but staff will review the idea of having a wall sign or a projecting sign and include language in the proposed ordinance that precludes a tenant from having both. Comment No. 8 - A -Frame Signs, Section 8110- 11.5 -D., page 44: CONSENSUS: By consensus, the Council determined that 4' x 3' A -Frame signs will be allowed. Comment No. 9 - Canopy Signs, Section 8110 -11.5 - G., page 46: G.1 The language will be clarified to include 75% of the linear frontage "not to exceed the length of the canopy" CONSENSUS: By consensus, the Council determined to accept G.1 as stated above. CONSENSUS: By consensus, the Council determined to agree with the proposed language in Section G.2 that reads, "the length of the Canopy Sign may not be greater than 750 of the linear frontage of the canopy ". CONSENSUS: By consensus, the Council determined to agree to accept the addition of language to Section G.3 that reads, "Canopy signs shall be allowed on the canopy." CONSENSUS: By consensus, the Council determined to agree that Section G.4 is acceptable as worded. Minutes of the City Council 4 Moorpark, California 5 July 28, 1993 CONSENSUS: By consensus, the Council determined that canopy signs can not be illuminated. CONSENSUS: By consensus, the Council determined to eliminate Section G.7. Councilmember Hunter made the following further comments: Regarding page 32, Subsection A, Councilmember Hunter said he would like the removal time for political signs to be shortened and requested the City Attorney's opinion be provided regarding this. Regarding page 43, Subsection 8, Councilmember Hunter said he questions the last sentence aAd would like to see some time specific duration included there.. He also said the second sentence should read "Market wall signs are intended to temporarily advertise market specials. He said special advertising signs 'shall' (to be used instead of should) remain up for two (2) weeks." CONSENSUS: By consensus, the Council determined to reword the last sentence in Subsection 8 as proposed by Councilmember Hunter. Councilmember Montgomery made the following further comments: Regarding page 6, Pylon Signs, Section A, Councilmember Montgomery said the word "be" should be removed so it reads "Pylon signs may not exceed a maximum of ....." Regarding page 6, Pylon Signs, Section B, Councilmember Montgomery commented that the number of signs should be omitted as that is a Council decision, but that the square footage number is acceptable. CONSENSUS: By consensus, the Council determined to accept 50,000 square of retail space as the correct number and that the number of pylon signs should be omitted in the ordinance. Regarding page 34, Sections A and B, Councilmember Montgomery commented that these sections need to be modified to reflect earlier changes with regard to trademarks. He also indicated that the guideline of four square feet may or may not comply with registered trademarks and that he would like City Attorney review of this item. Minutes of the City Council Moorpark, California 6 July 28, 1993 Regarding page 44, Projected Signs, Item 4, Councilmember Montgomery commented that the lighting needs to be below the plane of the horizon and the wording needs to be changed to read "may,be illuminated." CONSENSUS: By consensus, the Council determined to accept the change of wording as outlined by Councilmember Montgomery on Page 44 and to limit the number of lighted signs on a building to one per public access point per frontage. Doug Frazier, 237 Sierra Avenue, addressed the Councilmembers and requested clarification of the definition of a canopy sign. In response to Mr. Frazier, Mayor Lawrason read the definition of "canopy sign ". Joy Cummings, 650 Bard Street, spoke representing the Old Town Merchants' Association. She said the limitation of 3 colors per sign is agreeable to her, but that she had requested that the 9 square feet would also allow wall signs. As a business owner, she is now limited to one sign per the Council's direction this evening. Mayor Lawrason closed the public hearing. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to direct staff to have the City Attorney review the changes as directed by Council action this evening, staff to redraft the ordinance and have the City Attorney review and return the ordinance at the first meeting in September and that the appropriate CEQA findings would be made at that time. The motion carried by unanimous voice vote. AT THIS POINT in the meeting, the Mayor declared a recess. The time was 9:20 p.m. The meeting reconvened at 9:40 p.m. II. ACTION /DISCUSSION: A. Consider Proposed 1993/94 Objectives. Staff Recommendation: Direct staff as deemed appropriate. (Continued Item 11.L. from 6/16/93; Item 11.L. from 7/7/93; Item II.C. from 7/14/93; Item 11.A. from 7/21/93) Mayor Lawrason commented that the double- starred items will be placed at highest priority and the single- starred items will remain at *high priority. The remaining non- ATTACHMENT NUMBER 3 KMP -09- 2- 94(11:37am)A:\CC9 -21 SG.RPT Jaime R. Aguilera March 16, 1994 Page 6 /13. Section 8110 -8 Non - Conforming and Illegal Signs. Subdivisions A, B and D. Except as provided in Business & Professions Code Section 5490 et sec., no commercial sign which is intended to have a useful life of 15 years or more and which was legally erected may be compelled to be removed or abated without the payment of just compensation. (Bus. & Prof. Code SS 5490 & 5491.) Exempted from the compensation requirement is any sign ordinance that provides for amortization and that was adopted within three.years after the City's incorporation. (Bus. & Prof. Code S 5497(j).) However, this exception does not apply to any subsequent amendment of the ordinance, if the amendment makes the ordinance more restrictive or prohibitive. (Bus. & Prof. Code S 5494(d).) Since the proposed ordinance is not an amendment, it is subject in its entirety to the compensation requirement. The exemptions that do pertain to the ordinance are set forth in Business & Professions Code Sections 5495, 5496, 5497(a) through (i), and 5498. Subdivision B. The City may not refuse to issue a sign permit for new commercial signage intended to have a useful life of 15 years or more if (i) the property is commercially zoned, (ii) the other signage is for another business on the property and (iii) the other signage is not owned or controlled by the applicant and the applicant is not the agent of the person who owns or controls the signage. (Bus. & Prof. Code § 5498.1.) Mandatory Sign Inventory and Abatement. Any city adopting or amending any sign ordinance after January 1, 1988 is required to include provisions for the "inventory and abatement" within a specified time period of illegal commercial signs intended to have a useful life of 15 years or more and signs abandoned for 90 days or more. (Bus. & Prof. Code S 5491.1.) The law does allow the City to impose reasonable fees on sign owners and lessees for the actual cost of the "inventory". (Bus. & Prof. Code § 5491.2.) 14. Section 8110 -9.1 Nuisance and Abatement. Subdivisions A, B and C. I recommend that the City adopt by reference the procedures contained at Business & L _.:73715.5 Jaime R. Aguilera March 16, 1994 Page 7 Professions Code Section 5499.1 et sea. for the nuisance abatement of permanent illegal signs. Those procedures fully comport with due process notice and hearing requirements, are less cumbersome than those delineated at Moorpark Municipal Code Section 1.12.070 through 1.12.080 and are likely to be accorded greater deference by the courts than locally adopted procedures. (Traverso v. People ex rel Department of Transportation (1993) 6 Cal.4th 1152, modified at 94 Daily Journal D.A.R. 2914.)V The California Supreme Court has yet to address the constitutional requirements for temporary signs. The issue has been addressed by the Second District Court of Appeals, Division 6, in Gonzales v. Superior Court, supra, 180 Cal.App.3d 1116.51 In that case, the court invalidated a provision of the City of Santa Paula sign ordinance that authorize summary abatement of temporary signs from both public and private property. (Id. at 1124.) The court held that prior notice is a prerequisite to removal. In Gonzales, the court did not address the scope or form of the notice requirement, but it did cite to a federal appellate decision, Baldwin v. Redwood City, (9th Cir. 1976) 540 F.2d 1360, that addresses these issues. Pursuant to the Baldwin case, if the sign is posted on private property and poses no threat of immediate harm and: 1. if the owner can be located, the city must give notice of its intention to remove the sign and a brief statement of its reason for believing that the sign is illegal, so that the owner may make an informal response or correct the problem; or 2. if the owner cannot be located within a "reasonable" period of time, the city may deem the sign to be abandoned and summarily remove it. (Id. at 1374.) ° -/ Pursuant to Moorpark Municipal Code Section 1.12.070 et seq., the "Director" renders no decision and so there can be no appeal from his decision. (§ 8110.9.1.C.) 5/ This case is of particular relevance to the City, because all appeals from cases filed in Ventura County are heard by Division 6. 1 13715.5 Jaime R. Aguilera March 16, 1994 Page 8 In Baldwin, the court provides no definition of "reasonable ". However, given the fact that an owner has 24 hours to remove an unsafe sign (§ 8110 -5 B.1), that should probably be considered the minimum time period for locating the owner of a sign that poses no threat of immediate harm. In Baldwin, the ordinance authorized summary pre -event abatement only from private property, which is undoubtedly the reason why the court limited its opinion to such property. To the best of my knowledge, no court has directly addressed summary abatement of signs from public property. However, given the decision in Gonzalez and the fact that the California Supreme Court has invalidated the summary abatement of newsracks from public property, except when there is an imminent threat to public safety (Kash Enterprises, Inc. v. City of Los Angeles (1977) 19 Cal.3d 306 -313), the City would be taking a risk by summarily removing at least noncommercial signs from public property. Subdivision B.l.c. See comment at 13 above. Subdivision B.2. The 30 day definition of abandonment is in conflict with the 90 day definition of abandonment contained at Business & Professions Code Section 5490(f); as such, it is subject to invalidation under the doctrine of Lfreem�ption . � 15. Section 8110 -9.2 Violation, Enforcement, Penalties and Amortization. Subdivision B. See comment at 13 and 14 above. Subdivision C. See comment at 13 above. 16. Section 8110 - 10.1.1 Residential Zones. Subdivision B.2. I am unsure of what distinction is intended by for "'rent or lease"' signs given the definition of "real estate sign" and given that real estate signs are permitted without regard to the zone pursuant to Subdivision B.1. and Civil Code Section 713. The City cannot prohibit real estate signs from being displayed off -site with the consent of the property owner. (Civ.Code § 713(a).) Nor can the City prohibit such signs, provided that they meet reasonable design standards and L . 13715.5