HomeMy WebLinkAboutAGENDA REPORT 2006 0816 CC REG ITEM 08BMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
rrEM ?- B.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of__
ACTION:
006 - o
FROM: Barry K. Hogan, Community Development Director
By: Laura Stringer, Administrative Services Manager
DATE: July 19, 2006 (CC Meeting of 08/16/06)
SUBJECT: Consider Resolution Establishing Encroachment Permit Fees for
Real Estate Open House 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 signs within the public right -of -way.
DISCUSSION
Staff has met with various realtor groups to evaluate the options for establishing and
implementing encroachment permit requirements and fees for open house signs. Three
levels of permit are proposed:
• Single Family Owner /Seller
• Individual Realtor
• Real Estate Office
It is proposed that the encroachment permits would be effective for the calendar year in
which they are obtained. Permits obtained after June 30 would be pro -rated to one -half
(1/2) to cost of the full year. It is also proposed that "stickers" (Attachment 1) for each
open house sign be distributed with the encroachment permits to allow easy
identification of permitted signs by City staff. These stickers would be color coded for
each calendar year to provide easy identification of expired stickers. An owner /seller
and individual realtor would receive five (5) stickers, enough for each of the allowed
open house signs. Real estate offices would receive sixty (60) stickers, with the option
of purchasing additional stickers for one - dollar ($1.00) each, the City's cost for the
sticker.
VV00,tj: J
Honorable City Council
August 16, 2006
Page 2
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) will be picked up by city
staff and stored at the Public Works facilities yard. It is proposed that a five - dollar
($5.00) per day, per sign fee be assessed for each sign that has been picked up by staff
and stored. The draft resolution (Attachment 2) includes the following proposed fee
schedules:
Type of Permit
Encroachment
Permit Fee
# of Stickers
Issued
Comments
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
In accordance with California Government Code Section 66016, which sets forth the
notification and hearing process required prior to levying new fees or service charges,
or prior to increasing an existing fee or service charge, notice of this City Council public
meeting has been mailed and published. In accordance with Government Code Section
66017, the proposed deposit and fee schedule will be effective sixty (60) days following
the adoption of the Resolution.
ENVIRONMENTAL DOCUMENTATION
The Community Development Director has determined that the proposed encroachment
permit fee and sign storage fee is exempt from the provisions of the California
Environmental Quality Act (CEQA), in that the action of the City Council does not
involve the consideration of the approval of a project.
STAFF RECOMMENDATION (Roll Call Vote)
1. Open the public hearing, accept public testimony, and close the public hearing.
2. Adopt Resolution No. 2006- establishing Encroachment Permit Fees for real
estate open house signs in the public right -of -way.
Attachments:
Proposed sticker
2. Draft Resolution No. 2006-
000060
Proposed Open House Real Estate Sales
Permit Identification Marker
(2" x 21
CC ATTACHMENT
000061.
RESOLUTION NO. 2006-
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 Quality 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.
CC ATTACHMENT 2 000062
Resolution No. 2006 -
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 resolutions.
PASSED AND ADOPTED this 16th day of August, 2006.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit A — Encroachment Permit and sign storage fee schedule for real
estate open house signs
0000C
Resolution No. 2006 -
Page 3
EXHIBIT A
FEES FOR REAL ESTATE OPEN HOUSE SIGNS
Type of Permit
Encroachment
Permit Fee per
Calendar Year
# of
Stickers
Issued
Comments
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 1 $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.
000Oe4