HomeMy WebLinkAboutAGENDA REPORT 2010 1117 CC REG ITEM 10D ITEM
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MOORPARK CITY COUNCIL " "T
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Developme t irector
By: Joseph R. Vacca, Principal Plann
DATE: October 27, 2010 (CC Meeting of 11/17/10)
SUBJECT: Consider an Update on Encroachment Permit Process for Real
Estate Open House Directional Signs in the Public Right-of-Way
BACKGROUND
On December 21, 2005, the City Council adopted Ordinance No. 332 which amended
Chapter 17.40 (Sign Requirements) to address banner/special event signing, open
house, garage sale signing and to reorganize the sign regulations for greater clarity and
ease of use. The adopted sign regulations require that an annual encroachment permit
be required for placement of real estate open house directional signs within the public
right-of-way. On August 16, 2006, City Council adopted Resolution 2006-2510,
(Attachment 1) establishing encroachment permit fees for real estate open house
directional signs in the public right-of-way. It should be noted that a permit is not
needed for signs placed on private property.
DISCUSSION
Open house directional signs for single-family homes may be placed within the public
right-of-way with the City's issuance of an annual encroachment permit, based on the
Sign Ordinance, Municipal Code Section 17.40.100.F.2. (Attachment 2). Staff has
mailed out several form letters to, and has met with, various realtors to present
encroachment permit requirements and fees for open house signs. Staff has also
created an informational brochure on encroachment permits for real estate open house
signs in the public right-of-way, (Attachment 3). The open house sign encroachment
permit process has been advertised several times in the city's newsletter. Also, there
are links to both the brochure and encroachment permit application on our City's
website.
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Honorable City Council
November 17, 2010
Page 2
There are three levels of encroachment permits, as follows:
• Single Family Owner/Seller
• Individual Realtor
• Real Estate Office
The encroachment permits are effective for the calendar year in which they are
obtained. Permits obtained after June 30 are pro-rated to one-half (1/2) of the cost of
the full year. Upon issuance of encroachment permits, "stickers" (Attachment 4) for
each open house sign are distributed to allow easy identification of permitted signs by
City staff. These stickers are color coded for each calendar year to provide easy
identification of expired stickers. Upon issuance of an encroachment permit, an
owner/seller and individual realtor receives five (5) stickers, enough for each of the
allowed open house signs. Real estate offices can also apply for encroachment permits
to receive sixty (60) stickers, with the option of purchasing additional stickers for one-
dollar ($1.00) each, (to cover the City's actual cost for the sticker).
Real estate signs that are placed in the public right-of-way without the required sticker,
or that are not placed in accordance with the requirements of the ordinance (i.e. at least
fifty-feet (50') from the end of the curb-return at a street corner) are picked up by City
staff and stored at City Hall. A five-dollar ($5.00) per day, per sign fee has been
established, and is assessed for each sign that has been picked up by staff and stored.
If a sign has been picked up by staff and stored and is being retrieved by the real estate
agent who owns the sign, that agent is required to complete a Business Registration
and an encroachment permit prior to having their stored signs returned. As a courtesy,
staff does not charge first time offenders the storage fee. The adopted Fee Resolution
contains the following fee schedules:
Type of Permit Encroachment # of Stickers Comments
Permit Fee Issued
Owner/Seller $100.00 5
Individual Realtor $100.00 5
Real Estate Office $300.00 60 Additional Stickers $1.00 each
Retrieved Sign Storage Fee $5.00 per day per sign
Since the process was established in 2006 we have issued the following amounts of
permits and stickers:
2007 2008 2009 2010 (as of Nov 1")
55 Permits 34 Permits 14 Permits 25 Permits
_(1 336 stickers) (786 stickers) (349 stickers) (634 stickers)
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Honorable City Council
November 17, 2010
Page 3
There have been 263 non-permitted directional open house signs retrieved since the
process was established in 2006. While surveying other cities it was discovered that
there were no other cities that allowed open house directional signs within the public
right of way.
STAFF RECOMMENDATION
1. Receive and file.
Attachments:
1. City Council Resolution 2006-2510
2. Municipal Code Sign Ordinance Section 17.40.100.F.2.
3. Open House Sign Encroachment Permit Brochure
4. Open House Sign Encroachment Permit Sticker
183
CC ATTACHMENT 1
RESOLUTION NO. 2006-2510
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ESTABLISHING ENCROACHMENT
PERMIT AND SIGN STORAGE FEES FOR REAL ESTATE OPEN
HOUSE SIGNS
WHEREAS, on January 20, 2006, Ordinance No 332 which amended Chapter
17.40 (Sign Requirements) to address banner/special event signing, open house,
garage sale signing and to reorganize the sign regulations for greater clarity and ease of
use, took effect; and
WHEREAS, the City Council has determined that the cost of monitoring
placement of real estate open house signs in the public right-of-way, as permitted by
Section 17.40.100.F.2, (Temporary Real Estate Signs (Open House Directional Signs))
shall be offset by fees for issuance of Encroachment Permits for real estate open house
signs, and for storage of illegally placed open house signs, and
WHEREAS, the proposed fees for Encroachment Permits for real estate open
house signs, and for storage of illegally placed open house signs are based on
estimated City of Moorpark actual costs.
WHEREAS, the City Council concurs with the Community Development Director
determination that the proposed implementation of Encroachment Permits for real
estate open house signs, and for storage of illegally placed open house signs is exempt
from the provisions of the California Environmental Ouality Act, in that the action of the
City Council does not involve the consideration of the approval of a project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . Fees for Encroachment Permits for real estate open house signs,
and for storage of illegally placed open house signs shall be per the schedule in Exhibit
„A„
SECTION 2. This Resolution shall become effective sixty (60) days following
the public meeting held on August 16, 2006, pursuant to Government Code Section
66016, (October 16, 2006) implementing those fees described herein immediately upon
the effective date set forth herein.
184
Resolution No. 2006-2510
Page 2
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original r solutions.
PASSED AND ADOPTED this 16th day of August, 2006.
i
Patrick- Hunter, Mayor
ATTEST:
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Deborah S. Traffenstedt, CitytYerk � `o i
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Attachment: Exhibit A— Encroachment Permit and sign storage fee schedule for real
estate open house signs
185
Resolution No. 2006-2510
Page 3
EXHIBIT A
FEES FOR REAL ESTATE OPEN HOUSE SIGNS
Encroachment # of
Type of Permit Permit Fee per Stickers Comments
Calendar Year Issued
Owner/Seller $100.00 * 5 Additional Stickers $1.00 each
Individual Realtor $100.00 * 5 Additional Stickers $1.00 each
Real Estate Office $300.00 * 60 Additional Stickers $1.00 each
Retrieved Sign Storage Fee $5.00 per day per sign**
* The fee for any permits issued on or after July 1 of any year shall be prorated to
one-half (1/2) of the annual amount.
** Stored signs that are not retrieved within thirty (30) calendar days will be destroyed
in accordance with the law.
186
Resolution No. 2006-2510
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution No. 2006-2510 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
16th day of August, 2006, and that the same was adopted by the following vote:
AYES: Councilmembers Harper, Mikos, Millhouse, Parvin.and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 23rd day of August,
2006.
Deborah S. Traffenstedt, City erk
(seal)
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Honorable City Council
November 17, 2010
Page 4
CC ATTACHMENT 2
Municipal Code, Sign Ordinance, Section 17.40.100.F.2.
F. Temporary real estate
signs on properties for lease
or sale.
1. Real estate signs for Front yard or street side yard Area:Six(6)square feet per Number:One(1).
single-family residential of a corner lot,provided it is a side.Signs may be double- Illumination:None.
homes in the residential open minimum of five(5)feet from faced.
space or institutional zones the front yard or street side Height:Six(6)feet.
(no sign permit required) yard property line.The signs
shall be securely attached to a
wall,building or freestanding.
2. Open house directional At least fifty(50)feet from Area:Four(4)square feet Number: Five(5).
signs for single-family the end of the curb return per side.Signs may be Design:Limited to
homes(placement in the at a street corner.One(1) double-faced. displaying"Open House,"
public right-of-way requires sign at each location.The Height:Three(3)feet. an arrow,the residence
the issuance of an annual signs shall not be fastened address,and business name.
encroachment permit) or attached in any way to a Illumination:None.
building,architectural Duration:Restricted from
element,wall or any street 7:00 a.m.to 6:00 p.m.on
fixture. caravan day and on
Saturdays and Sundays.
3. Real estate signs for Front yard or street side yard Area:Up to thirty-two(32) Number:One(l)per street
multiple-family homes of a corner lot,provided it is square feet per side.Signs frontage,up to a maximum of
a minimum of five(5)feet may be double-faced. three(3).
from the required front yard Height:Eight(8)feet. Illumination:None.
or street side yard property Duration:These signs are not
line.The sign shall be intended to be permanent and
securely affixed to a wall, shall be restricted to only
building or freestanding. when rental units are
available for lease or rent.
188
' What is the maximum size of the fi$ �' ai`; ' M
area height, and width of an open
' house sign'? Yo£'Moorpark
Signs can have a maximum area of
1" four 4 square feet per side
'
(signs may be double-sided) with a
maximum height of three (3) feet for
the sign structure. • '
Example: tik
.117 Moorpailt rvl`+i'i.
,j 2' Real Estate
1234 Hart Street
.r+
r
vet ` /
`r 41
What information should the sign
have?
The sign should be simple. It should F i
display "Open House", an arrow, the
residence address, and business ?: • s _
name. �?
Can you place decorations or other-
devices on the open house signs?
No balloons, flags, pennants, . . ,••
illuminated plates or any other ob-
jects may be placed on or near the
signs.
� Itk r f- M ti r
Commuriit 7.1 3
" . D_ evelopn�tent
City of Moorpark Depa >r<, n�ntr� `
What hours can the signs be M M "
displayed? (� 1
Open house signs may only be Community Development Department 7Y9 Mtwrpork AY�IIYIryr F�"t
Moorpark.*-CA 93011t��Ir:.1{,
displayed between 7 a.m. and 6 p.m. 799 M°arpark Avenue _(80S) S17 6224
Moorpark,CA 93021
(No earlier or later) Saturday, Sun- www.&Inoorpark.ttr
days, and caravan day. Phone(805)517-6224
Website:www.d.moorpork.co.us
00
What will the stickers look like? Where can signs be placed?
Open House Directio/1A►/ _ _ The City will use the City of Moorpark logo with a solid Signs can be placed in the public right-of-way
Sign Program background color. Each year the color will change. as long as they are at least fifty (50) feet
away from the intersection. Signs can be
This brochure has been prepared to help an- Example: placed on private property with permission of
swer the most common questions regarding 3��.` the property owner. Signs cannot interfere
the City of Moorpark's Open House Direc- with or impede traffic of any kind. Wheel chair
tional Sign program. For further information, : :4..., '' access (minimum 44 inches in width) must be
please refer to the City of Moorpark's Mu- '+ + maintained on the sidewalk. Only one (1) sign
nicipal Code under Section 17.40.100F.2. can be placed on each side of the street.
Sign Regulations. How much will it cost? There are three (3) types of
permits'you can purchase. Each permit must be
Y
renewed annually.
frequently Asked Questions for the
--------------
Open House Directional Sign Program: Type of OHDS Annual Number of o
Permit Permit Fee Stickers Issued
What is the Open House Directional Sign pro-
Owner/Seller $100.00" 5 ,
The Open House Directional Sign (OHDS) Individual $100.00` 5 50 ft. '
program allows the placement of"open Realtor
house" directional signs for single-family
homes in the public right-of-way after a per- Real Estate $300.00' 60 Crosswalk
mit has been obtained from the City. Office S0 ft.
What is the public right-of-way? Additional Stickers are $1.00 each
This includes public streets, sidewalks, and F
landscaped parkways. It is owned by the pub- •The fee for any permit issued on or after July 1 of any year shall be What happens if a sign is placed illegally or
lic to allow for travel. It does not include pri- prorated to one-half(1/2)of the annual amount without a permit?
vate streets or common areas owned by Unpermitted or illegal signs will be removed
Homeowners' Association. b the City nd stored at the Community
Where do I place the sticker? y y y
Put the sticker on the lower right corner of the sign. Center. In addition signs placed close to the
How to obtain an Open House Directional intersections or signs blocking wheelchair
Sign permit? Only one sticker per access will be removed. A sign storage fee of
Permits are issued by the Community sign should be $5.00 per day will apply. Stored signs that
Development Department, located in the placed on the lower are not retrieved within thirty (30) calendar
Development Services building at City Hall. right corner. days will be destroyed in accordance with the
Each permit will include stickers, which will be law.
required to be placed on the permitted open
house signs. You may purchase more stickers Where to go if signs are picked up by the
for an additional fee. Signs with out the sticker City?
permit will be confiscated and a fee will apply Unpermitted or illegal signs will be stored at
to retrieve it, or it will be discarded. the Community Center, located next to City
How many directional signs can be put up? Hall, and can be picked up between the hours
Is a Business Registration_required? Yes. All A maximum of five (5) signs are allowed per open of 8 a.m. to 5 p.m. Monday to Friday. For
altors and Real Estate Offices are require to house event. assistance, you may contact Freddy Carrillo
cbave a Business Registration with the City in at (805) 517—6224.
order to obtain an Open House Sign Permit.
CC ATTACHMENT 4
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