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HomeMy WebLinkAboutAGENDA REPORT 1999 0901 CC REG ITEM 09B 09CITEM `� �• �- CITY OF MOORPARK, CALTFORNIA City Council Nfecting Of `yLcir ;l,rc 1 r l�r�r ACTION: 1 AGENDA REPORT i. °,; -1, irY?I(,b City of Moorpark $Y; rf VDpi'V1111 To: Honorable City Councilti. °% From: Wayne Loftus, Acting Director of Community Developmentz Date: August 23, 1999 (CC meeting of 9/01/99) Subject: Consider Zone Ordinance Amendments ZOA 99 -05 Lighting Standards; ZOA 99 -06 Intermediate Care Facilities in RO zone (Single Family Estate); ZOA 99 -07 Permit Limited Retail Commercial Uses within the C -0 (Commercial Office) Zone; and ZOA 99 -08 conversion of uses from Residential to Commercial or Office Use Note: Although a single report has been prepared for the proposed amendments to the Zoning Ordinance, two separate newspaper legal publications were prepared. As a result of legal notification two separate hearings are noted for this single report. Zone Ordinance Amendment 99 -05: Amend the Municipal Code by Adding Chapter 17.30, titled Lighting Regulations upon the application of the City of Moorpark. Zone Ordinance Amendment 99 -06: Amend Section 17.20.050 and Table 17.020.050 of the Zoning Ordinance to add Intermediate Care Facilities for seven (7) or more persons within the R -0 (Single Family Estate) Zone subject to an Approved Conditional Use Permit, upon the application of Tender Loving Care (TLC). Zone Ordinance Amendment 99 -07: Amend Section 17.20.060 and Table 17.20.060 of the Zoning Ordinance to Permit Limited Retail Commercial Uses within the C -0 (Commercial Office) Zone, only within the Downtown Specific Plan Area, upon the application of the City of Moorpark. 000008 Honorable City Council August 23, 1999 Page 2 Zone Ordinance Amendment 99 -08: Amend Section 17.44.030, 17.44.040, 17.44.050 and Section 17.44.090 of the Zoning Ordinance, to allow approval of applications for conversion of uses from Residential to Commercial or Office Use by the Director of Community Development when land is zoned for said uses, only within the Downtown Specific Plan Area, upon application of the City of Moorpark. BACKGROUND The City Council since February 3, 1999, has adopted four (4) resolutions directing the Planning Commission to consider amending or adding provisions to the Zoning Ordinance, Title 17 of the Moorpark Municipal Code. The resolutions adopted by City Council were with one exception (care facilities in the R -0 zone) initiated by the City Council in response to comments from persons in the community relating to zoning regulations or the manner in which applications for new or different uses are processed. The request from Tender Loving Care (TLC) to consider adding intermediate care facilities for seven (7) or more persons as a conditionally permitted use in the R -0 Zone is in response to their desire to expand the number of patients allowed at their Maureen Lane care facility. The proposed changes are intended to achieve certain specific goals as outlined within the respective sections of this report, however, all of the proposed changes are viewed as beneficial in the effort to make the planning process more responsive to the needs of the community and its residents. All of the code provisions referenced as an attachment to this report and may be modified adoption. DISCUSSION recommended for adoption are a single ordinance attached to by Council as necessary before Lighting Regulations (Zoning Ordinance Amendment 99 -05) - On August 9, 1999, the Planning Commission adopted Resolution No. 99 -376 recommending to the City Council the amendment of the Zoning Ordinance by adding Chapter 17.30, to incorporate standards for lighting. City Council referred this item to the 0®0009 \ \MOR_PRI —SERV \City Share \Community Development \Everyone \CC- 9909OlZoning AmendmentsRev.l.doc Honorable City Council August 23, 1999 Page 3 Planning Commission on February 3, 1999, after discussion concerning impacts of commercial lighting installations on residential areas. The proposed ordinance includes the types of fixtures required and bulbs that are not allowed, and the requirement to submit a comprehensive lighting plan for review by the City's lighting engineer. The provision for the city review by a consulting engineer would be handled in a manner similar to the way in which landscape plans are currently reviewed by the City's landscape consultant. Should the City Council conclude that this approach to review lighting plans is appropriate, direction should be give to staff to bring the appropriate report and recommendation back to City Council for action. Other features of this proposed ordinance include standards and definitions that will provide guidance to the professional preparing the plans for each project. The draft ordinance also includes a requirement that all Planned Development Applications include a comprehensive lighting plan and the prohibition on the use of certain types of bulbs including; low pressure sodium and high intensity mercury vapor. The proposed design guidelines relate to the placement of the standards and fixtures, energy efficiency, shielding and the mounting of poles on pedestals or foundations. Provisions for energy conservation require an automatic shutoff switch to control the amount of light after 10:00pm except for approved entertainment venues, 24 hour businesses or unless approved by the Director of Community Development based on determination that a significant amount of energy will not be saved or the existing level of light is needed for safety or security around the premises. (The proceeding findings, which are not now part of the draft ordinance, are recommended for inclusion.) The reduction in light output shall be not less than 750 of the designed output or 500 of the energy load or both. The proposed criteria for light poles or standards requires that they be mounted flush with surrounding paving when placed in an area of "hardscape" such as a sidewalk or courtyard or they may be mounted on a foundation a maximum of six (6) inches above surrounding grade if within landscaped (planting) areas. There are also provisions for exceptions from the proposed lighting criteria which include, but are not limited to: 0®® ()�-® \ \MOR_PRI_SERV \City Share \Community Development \Everyone \CC- 990901ZOning AmendmentsRev.l.doc Honorable City Council August 23, 1999 Page 4 1. Athletic field lighting in a public park or school campus. 2. Security lighting for medical care facilities. 3. Hazard markers, railroad signals and similar devices. 4. Seasonal lighting displays as part of a religious celebration. 5. Special Event lighting. 6. Security or safety lighting within single family residential neighborhoods. Provisions for non - conforming uses have also been included, however, as currently proposed the repair or rehabilitation of 250 or more of the fixtures in an existing non - conforming lighting system would require the entire system to be brought into conformity with these proposed criteria. The Planning Commission spent considerable time fine tuning the language proposed by this amendment, and has concluded that the proposed standards and criteria combined with review of the plans and specifications by a lighting engineer should avoid complaints recently heard on this issue. Intermediate Care Uses in the R -0 zone (Zoning Ordinance Amendment 99 -06) - On August 9, 1999, the Planning Commission adopted Resolution No. 99 -379, recommending to the City Council that the R -0 (Single Family Estates) Zone be amended to include provisions for Intermediate Care Facilities for seven (7) or more persons, with the approval of a Conditional Use Permit by the Planning Commission. This proposal to consider amendment of the R -0 Zone was referred to the Commission by the City Council on July 21, 1999, after review of a request submitted by Tender Loving Care (TLC) . Currently all residential zones except the R -0 allow Intermediate Care Facilities for seven or more persons with approval of a Conditional Use Permit. The State of California for any level of care facility (residential or intermediate) of six or fewer persons defines these uses as residential and allows them in single family zones without local approval required. 0000-1 \ \MOR_PRI_SERV \City Share \Community Development \Everyone \CC- 9909OlZoning AmendmentsRev.l.doc Honorable City Council August 23, 1999 Page 5 Section 17.08.010 of the Zoning Ordinance - Definitions identifies, Intermediate Care Facilities: " "Intermediate care facility" means a health facility which provides impatient care to ambulatory or nonambulatory patients who have a recurring need for skilled nursing supervision and need supportive care, but who do not require continuous skilled nursing care. The term "intermediate care facility" shall include intermediate care /developmentally disabled facilities for seven (7) or more persons, nursing homes for seven (7) or more persons, rest homes and convalescent homes." The proposal to amend the Zoning Ordinance as previously noted was submitted by Tender Loving Care Home Hospice (TLC) who is also paying for the entire cost of processing the requested code amendment. Currently, TLC maintains a facility on Maureen Lane for six (6) or fewer persons that will be proposed for expansion if the City Council adopts this code amendment. As written this amendment would create the opportunity in the R -0 zone to apply for an Intermediate Care Facility for seven (7) or more persons, and a hearing before the Planning Commission, as the final decision making body, would be conducted on a Conditional Use Permit for a site specific request. Should the City Council determine to amend the code to include this use, the resulting provision would be consistent with those of the other single family zone districts in the City, including the R -E (Rural Exclusive) Zone which is the zone designation for approximately one half (1/2) of the lots on Maureen Lane. Limited Commercial Uses in the C -0 Zone in Downtown (Zoning Ordinance Amendment 99 -07) - The Planning Commission on August 9, 1999, adopted Resolution No. 99 -380 recommending to the City Council the amendment of provisions of the C -0 (Commercial Office) Zone to allow certain limited retail commercial uses. This item had been referred to the Commission by the City Council following their adoption of a resolution on July 2, 1999, directing action by the Planning Commission. The C -0 (Commercial Office) Zone exists at several locations throughout the city but is primarily located within the area covered by the Downtown Specific Plan. The proposed change in 0®0©2 \ \MOR_PRI_SERV \City Share \Community Development \Everyone \CC- 9909OlZoning AmendmentsRev.l.doc Honorable City Council August 23, 1999 Page 6 allowed uses recommended by the Planning Commission would affect only the C -0 zoned properties located in the Downtown Specific Plan Area. The intent of introducing a limited opportunity for retail commercial sales is to create diversity in uses in the downtown to attract more pedestrian traffic. Currently, the C -0 Zone allows business and professional uses such as banks, professional offices, medical offices, restaurants and care facilities for seven (7) or more persons. Retail sales uses are not currently permitted, however, on a limited bases retail activities would be allowed through a Zone Clearance with this proposed amendment. The uses proposed are very specific and limiting, including: antique store, museum, art galleries and a fourth use added by the Planning Commission, artisan workshop. An artisan workshop would allow the creation of artistic works for sale on the premises, and could include, paintings, pottery, metal sculpture and similar work that results in an artistic work "for sale ". The proposal to modify the uses allowed in the C -0 zone is the result of a request by a prospective shop owner of an antique store in the C -0 Zone who was unable to find a suitable location with commercial zoning. Additionally, the incorporation of these limited uses is viewed as a way to create diversity in the Downtown area by encouraging uses that will attract people (residents and visitors) to Downtown to encourage its revitalization and enhance its economic health. No other changes to the C -0 zone district are recommended at this time. Conversion of Residential Uses to Office or Commercial in Downtown (Zone Ordinance Amendment 99 -08) - On August 9, 1999, the Planning Commission adopted Resolution No. 99 -381 recommending to the City Council an amendment to the Zoning Ordinance to allow the Director of Community Development to approve certain types of development projects only within the area covered by the Downtown Specific Plan. This proposed amendment which was referred to the Planning Commission by Council on May 5, 1999, was previously reviewed by the Affordable Housing /Community Development Committee on March 24, 1999, and a recommendation provided to the City Council on April 21, 1999. The proposed amendments to the Zoning Ordinance which will shorten the time and reduce the cost for certain specific requests, is in response to a proposal to establish a dentist 000W113 \ \MOR_PRI —SERV \City Share \Community Development \Everyone \CC- 9909OlZoning AmendmentsRev.l.doc Honorable City Council August 23, 1999 Page 7 office in an existing residential structure on Moorpark Avenue. The property is zoned C -0 (Commercial Office) and is within the Downtown Specific Plan but has never been authorized for an office use through approval of a Commercial Planned Development Permit. This proposed shortened procedure is intended to address land use changes where zoning allowing the proposed new use is in place and no new construction is proposed although parking, landscaping and other site specific improvements may be required to be consistent with Code or Policy provisions. Features of the proposed code amendment include: 1. Procedure is applicable only in the Downtown Specific Plan area. 2. The Planned Development Permit required to change uses from residential to office or commercial on land zoned for either purpose is approved by the Director, at a public hearing (office hearing) instead of through a hearing by the Planning Commission and or the City Council. Any appeal of the Director's decision would be heard by the Planning Commission, which is currently provided for by the Zoning Ordinance. 3. The processing fee is established at one -half (1/2) the standard fee for the appropriate discretionary permit as established by City Council Resolution or the actual cost to process the application, whichever is less. (Currently, a Commercial Planned Development Permit requires a deposit of $4,400 which would be reduced by 50o to $2,200 as the application deposit.) The applicant would pay the actual cost to process the application or the 50o fee whichever is less. Action subsequent to Council approval of this code amendment will be required to amend the resolution on fees to reduce the cost of processing in the Downtown Specific Plan. 4. The radius distance for notice through the United States Mail has been reduced from 1000 feet to 300 feet, however, provision for notice in the newspaper and posting of the site would remain the same. The legal advertisement for this permit process would inform the reader of the proposed use change and other appropriate details for the subject �0Q�l4 \ \MCR_PRI_SERV \City Share \Community Development \Everyone \CC- 990901ZOning AmendmentsRev.l.doc Honorable City Council August 23, 1999 Page 8 property which must have commercial or office zoning to be considered under this process. 5. The time for appeal of any decision made by the director has been reduced from sixteen (16) days to ten (10) days, only for this permit process. 6. All development standards and criteria required for similar development elsewhere within the City would apply as would the design standards and landscape standards found in the Downtown Specific Plan. DMIUMMEW Because of the diversity of the proposed Code Amendments described by this report, several proposed changes were advertised at separate times from the others and two proposed amendments were included in a single newspaper ad of 1/8 page in size. Because of the large number of property owners appearing on the notification list for the Conversion of Residential Uses to Office or Commercial Uses in Downtown, (over 1,000 owners) a 1/8 page "Display Ad" (Government Code Section 65091) was used to advertise this proposal and because it affects the same area (Downtown Specific Plan) also included the legal ad for Limited Commercial Uses in the C -0 zone. One of the other proposed Code amendments (R -0 zone) was noticed to individual property owners and in the newspaper, while the Lighting Regulations amendment appeared only in the legal ads. The City Council may conclude that to receive public testimony, organizing the hearing in the manner that legal advertising was structured may allow speakers to better focus their comments. An evaluation of the potential environmental impacts for the four code amendments listed above was performed consistent with the provisions of the California Environmental Quality Act (CEQA) and it was determined that except for the Lighting Regulations, the proposed changes qualified for an Exemption. The Lighting Regulations proposal was evaluated and recommended for a Negative Declaration. Several decision points or direction to Staff on implementation issues included in this report is appropriate as follows: 000015 \ \MOR_PRI_SERV \City Share \Community Development \Everyone \CC- 9909OlZoning AmendmentsRev.l.doc Honorable City Council August 23, 1999 Page 9 1. The Lighting Regulations require a City Lighting engineer to review and validate the required lighting plans. If the Council concurs that this approach has merit, direction should be given to staff to return to Council with a Contract for Professional Services with the recommended consultant. All costs for plan review will be paid by the applicant and a 15% administrative charge for contract administration will be included. 2. Consider inclusion of the findings recommended for Section 17.30.070 (h) "Automatic shutoff" of the proposed Lighting Regulations Ordinance at the end of paragraph (h) as follows: that a significant amount of energy will not be saved or the existing level of light is needed for safety or security around the premises. 3. Direct Staff to take appropriate steps as necessary to implement the 50% reduction in processing fees for conversion of existing residential uses /buildings to office or commercial uses in the Downtown Specific Plan Area only. STAFF RECOMMENDATIONS 1. Open and Conduct a Public Hearing, taking testimony on each proposed Code Amendment. 2. Close the Public Hearing. 3. Determine that the proposed Lighting Regulations qualify for a Negative Declaration and the remaining Code Amendments are EXEMPT under provision of CEQA. 4. Approve Ordinance No. adding or amending provisions to Title 17 (Zoning Ordinance) of the Municipal Code as described in Exhibits A through D of Ordinance No. 5. Direct staff to return to Council with a Contract for Professional Services for a City Lighting engineer with \ \MOR_PRI_SERV \City Share \Community Development \Everyone \CC- 990901Zoning AmendmentsRev.l.doc Honorable City Council August 23, 1999 Page 10 costs for plan review to be paid by the applicant including a 15% administrative charge for contract administration. 6. Direct Staff to take appropriate steps as necessary to implement the 50% reduction in processing fees for conversion of existing residential uses /buildings to office or commercial uses in the Downtown Specific Plan Area only. ATTACHMENTS A. Draft Ordinance with EXHIBITS B. Planning Commission Staff Reports of 5/24, 6/24, 7/20, and 7/30/99 and Resolution - Lighting Standards C. Planning Commission Staff Report of 7 -29 -99 and Resolution - Intermediate Care Facility in R -0 Zone D. Planning Commission Staff Report of 8 -03 -99 and Resolution - Limited Retail Uses in C -0 Zone E. Planning Commission Staff Report of 8 -03 -99 and Resolution - Conversion of Uses in Downtown Specific Plan Area. 00 ®017 \ \MOR_PRI —SERV \City Share \Community Development \Everyone \CC- 9909OlZoning AmendmentsRev.l.doc ATTACHMENT "A" Draft Ordinance with EXHIBITS 0000-18 ORDINANCE NO: 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING CERTAIN AMENDMENTS TO TITLE 17, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF MOORPARK, BY ADDING CHAPTER 17.30 "LIGHTING STANDARDS" THERETO; AMENDING CHAPTER 17.44 "ENTITLEMENT- PROCESS AND PROCEDURE TO INCORPORATE LANGUAGE RELATED TO DOWNTOWN SPECIFIC PLAN DISCRETIONARY PERMITS, SETTING FEE POLICY FOR SUCH PERMITS, DEFINING NOTICE REQUIREMENTS FOR SUCH PERMITS, AND CLARIFYING APPEAL REQUIREMENTS; AMENDING TABLE 17.20.050 TO ADD INTERMEDIATE CARE FACILITIES FOR SEVEN OR MORE PERSONS SUBJECT TO AN APPROVED CONDITIONAL USE PERMIT IN THE R -0 (SINGLE- FAMILY ESTATE) ZONE; AND, AMENDING TABLE 17.20.060 TO PERMIT LIMITED RETAIL COMMERCIAL USES WITHIN THE C -0 (COMMERCIAL OFFICE) ZONE ONLY WITHIN THE DOWNTOWN SPECIFIC PLAN. WHEREAS, at a duly noticed public hearing on September 1, 1999, the City Council considered the recommendations of the Planning Commission concerning certain Zoning Code Amendments which include: a) an application filed by Tender Loving Care of Moorpark to include intermediate care facilities for seven or more persons as a conditional use within the R -0 (Single- family Estate) Zone; b) a Council initiated amendment to add regulations related to lighting to the zoning code; c) a Council initiated amendment to provide for improved development application review and processing within the Downtown Specific Plan area; and, d) a Council initiated amendment to permit limited retail commercial uses within the C -0 (Commercial Office) zone only within the Downtown Specific Plan area; and WHEREAS, the Planning Commission of the City of Moorpark considered the referenced amendments at duly noticed public hearings as indicated herein and took the actions indicated herein: a) Zoning Code Amendment 99 -05 related to lighting was considered by the Planning Commission on June 14, 28, and July 26, 1999, and Resolution PC -99 -376 recommending that the City Council adopt a Negative Declaration and approve said amendment was adopted; b) Zoning Code Amendment 99 -06 related to permitting intermediate care facilities, as defined by the Municipal Code, for seven or more persons in the R -0 (Single - family Estate) Zone subject to Conditional Use Permit was considered by the Planning Commission on August 9, 1999, and Resolution PC -99 -379 was adopted recommending that the City M:\ JLibiez\ M\ CodeAmnd\ ORDtitlel7- amendmentsCC9199A.doc OdOG�-9 ORDINANCE 99- September 1, 1999 PAGE 2 Council approve said amendment; c) Zoning Code Amendment 99 -07 related to permitting limited retail commercial uses within the C -0 (Commercial Office) Zone was considered by the Planning Commission on August 9, 1999, and Resolution PC -99 -380 was adopted recommending that City Council approve said amendment; d) Zoning Code Amendment 99 -08 related to the processing of development projects within the Downtown Specific Plan area was considered by the Planning Commission on August 9, 1999, and Resolution PC -99 -381 was adopted recommending that the City Council approve said amendment; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES ORDAIN AS FOLLOWS: Section 1. Title 17, Zoning, of the Municipal Code of the City of Moorpark is amended by adding thereto Chapter 17.30 as contained and more fully described in Exhibit A, attached hereto and incorporated herein by this reference; CHAPTER 17.30 LIGHTING REGULATIONS Sections: 17.30.010 Purpose and Intent 17.30.020 Definitions 17.30.030 Applicability 17.30.040 General requirements 17.30.050 Prohibited lighting 17.30.060 Plans Required 17.30.070 Design Standards 17.30.080 Certification /Testing 17.30.090 Exemptions 17.30.100 Enforcement 17.30.110 Non - conforming systems Section 2. 17, Zoning, of the amended as shown in herein by reference. Section 17.20.050, Table 17.20.050 of Title Municipal Code of the City of Moorpark is Exhibit B attached hereto and incorporated Section 3. Section 17.20.060, Table 17.20.060 of Title 17, Zoning, of the Municipal Code of the City of Moorpark is 0000..® ORDINANCE 99- September 1, 1999 PAGE 3 amended as shown in Exhibit C attached hereto and incorporated herein by reference. Section 4. Chapter 17.44, Entitlement - Process and Procedures, of Title 17, Zoning, of the Municipal Code of the City of Moorpark is amended as shown in Exhibit D attached hereto and incorporated herein by reference. Section 5. If any section, sub - section, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this ordinance and each section, sub - section, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its passage and adoption. Section 7. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which 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 AND ADOPTED THIS 1ST DAY OF SEPTEMBER, 1999 Patrick Hunter, Mayor 0 U®() :1 ORDINANCE 99- September 1, 1999 PAGE 4 ATTEST: Deborah S. Traffenstedt City Clerk ATTACHMENTS: Exhibit A: Chapter 17.30, "Lighting Standards" Exhibit B: Table 17.20.050, amended Exhibit C: Table 17.20.060, amended Exhibit D: Chapter 17.44, amended ®0® () �2 CHAPTER 17.30 LIGHTING REGULATIONS Sections: 17.30.010 Purpose and Intent 17.30.020 Definitions 17.30.030 Applicability 17.30.040 General requirements 17.30.050 Prohibited lighting 17.30.060 Plans Required 17.30.070 Design Standards 17.30.080 Certification /Testing 17.30.090 Exemptions 17.30.100 Enforcement 17.30.110 Non - conforming systems 17.30.010 Purpose and Intent The purpose and intent of this Chapter is to provide regulation of lighting within development projects in all zones within the City of Moorpark. The City recognizes that lighting has both a practical and aesthetic value and is an integral portion of any development. The City also recognizes that improperly installed lighting, illegal lighting, or improperly maintained lighting, creates impacts upon astronomical resources within the community and creates conflicts and nuisance impacts upon abutting properties and is wasteful of energy resources by causing energy to be expended without producing additional useful light. 17.30.020 Definitions Words and terms as used in this Chapter shall have the meanings set forth in this section. Words or terms not defined herein shall have the generally accepted meaning as defined elsewhere within this Title. a. Abatement. The method of reducing the degree or intensity of pollution, nuisance or violation. b. Adverse Impact. The result of a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions. C. Candlepower. Total light output expressed in candelas. d. Design Standards. Guidelines defining parameters to be followed in site, building, landscape and lighting design. e. Drop down lens. A light directing diffuser or lens which is shaped so that it lays or falls below the horizontal plane of the bottom of the fixture, thus resulting in direct viewing of the lens from above the horizontal plane. f. Glare. The effect produced by lighting sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. For the purposes of this chapter, glare occurs when the luminaire (or associated lens) of a light fixture is directly viewable from a location off the property that it serves. g. Human scale. The proportional relationship of a particular building, structure, or streetscape element to human form and function. h. Luminaire or luminary. The light producing element of a light fixture. Examples are EXHIBIT A. ®0001 3 bulbs and tubes. Direct viewing of luminaries of greater than 1000 lumens per fixture is undesirable. A diffusing lens between the bulb and the viewer is not considered an obstruction to the direct view of the luminaire and for the purpose of this chapter is considered a secondary luminaire. j. Nuisance. An interference with the enjoyment and use of property. k. Nuisance element. An environmental pollutant, such as smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare, light or heat. 1. Spillover. In practical terms, a close relative of glare. Spillover occurs when the illumination intensity outside the property boundaries exceeds 1 foot - candle. 17.30.030 Applicability The standards, guidelines and procedures contained within this Chapter shall apply to all residential, commercial, industrial, and institutional zoned lands and projects within the City of Moorpark. Referenced standards and criteria shall apply to all specific plan areas. These standards augment lighting standards and regulations contained within any adopted specific plan, and provide standards and criteria whenever a specific plan does not contain lighting standards. Where the standards of this Chapter and any previously adopted standard conflict, the more restrictive standard shall apply. 17.30.040 General a. Lighting development shall to those levels provide safety ar. the site. Requirements within any be restricted necessary to d security to b. Use of low intensity lighting for aesthetic purposes in order to enhance or accent building features, public art, or landscape architectural features of a project is encouraged. Such lighting shall not spill over onto, or extend beyond the project property line to adjoining uses or public streets. C. All lighting systems provided within a project shall meet adopted uniform codes and standards of the City. d. All lighting system components shall be kept in good repair and service. Periodic cleaning, painting and servicing of supports, globes, fixtures and foundations is required. Poor maintenance shall be considered a nuisance condition. e. All lighting fixtures or elements shall be decorative and /or compatible with the architectural style of the buildings within and or adjacent to the project location. 17.30.050 Prohibited lighting The following types of lighting shall be prohibited within the City of Moorpark. a. Any outdoor lighting device erected, installed, modified or reconstructed without proper plans and permit approvals. \\ MOR' PRI_ SERV\ home_folders \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30#2.doc Page 2 00®G,020 A b. Flashing, alternating or blinking lights, other than traffic or hazard lights. C. Low pressure sodium lights d. High intensity mercury vapor security lights (with fixture not properly implemented to shield direct viewing of the luminaire or the light shaping lens /diffuser from off the property) in other than rural residential or agricultural areas. e. Any luminaire that is viewed directly with no intervening lens or shielding element, other than bare bulbs or tube lighting, other than approved neon lighting. f. - Drop down lighting lens or fixtures. 17.30.060 Plans Required All commercial, industrial institutional, and residential projects approved through the Planned Development process after the effective date of this Chapter shall have the lighting system and its components, to be incorporated within that project, approved by the City's lighting engineer prior to issuance of building permits for that project. Projects approved prior to the effective date of this Chapter shall comply with the provisions of this Chapter to the extent feasible, consistent with Section 17.30.110 Each Planned Development application and /or building permit application issued for Planned Development applications approved after the effective date of this Chapter shall incorporate electrical plans and structural plans which detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use areas, public art displays, fountains, or landscape areas. Lighting plans shall be prepared, signed and certified by a civil or electrical engineer licensed and /or registered within the State of California to prepare and certify lighting system designs /plans. Lighting plans shall, as a minimum, include and exhibit the following: a. Style, size, height and location of any poles used to support lighting fixtures or electroliers. b. Size, height and location of any foundation systems upon which light poles may be erected. C. Style, type, location and quantity of fixtures and or electroliers, whether pole mounted, bollard mounted or building mounted. d. Number and wattage of luminaries /bulbs /electroliers. e. Shields, cut -off mechanisms, or diffusers used with each fixture. f. Construction structural and mounting details for all installations. g. All exterior lighting plans shall be photo- metric consisting of a point by point foot - candle \\ MOR_ PRI_ SERV\ home_folders \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30$2.doc Page 3 d layout based upon a 10 foot grid center and extended to twenty feet beyond the property line. h. Plans shall be prepared to scale, and shall be accompanied by dimensioned detail sheets, materials catalogues, and specifications to aid in the identification and evaluation of proposed lighting system components. e. The City's lighting engineer shall evaluate and approve all lighting system plans and components. Cost of the City's lighting engineer services shall be the responsibility of the development permit applicant and shall be subject to the provisions of the_deposit fee system of the City. 17.30.070 Design Guidelines a. General guidelines 1. All lighting shall be stationary and directed away from all adjacent properties and streets /rights -of -ways. 2. Lighting systems shall be energy efficient. 3. Lights shall be shielded or recessed to direct glare and reflections within the boundaries of the property. 4. Lighting shall be consistent among fixtures used throughout the project so that single fixtures or small groups of fixtures shall not be of unusually high intensity or brightness such that hot spots are created. 5. All lighting fixtures shall be appropriate in scale, intensity and height to the use to be served. 6. All walkway lighting, public space lighting, patio area lighting shall be kept to human scale. Bollard style lighting is preferred. 7. Security lighting shall be provided at all entrances and exits to buildings. 8. All lighting fixtures shall incorporate full cut- off features such that the luminaire is not visible and the direct light emissions do not extend beyond the property line or into adjacent public right -of -way. 9. Concrete pedestals, bases or foundations intended for the mounting of poles shall be restricted in height and bulk to that necessary to provide adequate, safe anchorage for poles and fixtures, but shall in no case exceed the heights specified in section 17.30.070d. All concrete pedestals shall be painted or stucco coated to be compatible with the project architectural elevations, or to blend with the landscape areas in which they are constructed. 10. Unshielded pack lighting fixtures and area wide flood lighting are prohibited. b. Lighting Pole Height. 1.Residential. 14 feet 2.Commercial. 20 feet 3.Industrial. 25 feet 4.Institutional. 20 feet \\ MOR_ PRI_ SERV\ home_folders \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30M2.doc /-� _` Page 4 0 0 0 O c. Lighting Values. 1.Exterior parking areas: 7 foot - candles maximum; 1 foot candle minimum. 2.Interior parking areas: 10 foot - candles minimum. 3. Blue metal halide and high pressure sodium electroliers: 400 watt maximum. 4. Fluorescent units: 100 watts fixture. Such unit shielded so that lenses are not outside the illuminated area. lighting per light s shall be tubes or viewable intended d. Pedestals. Pedestals used to provide ground mounting foundations for lighting poles and fixtures shall not exceed six inches (6 ") in height when placed adjacent to sidewalks, within planters, or within parking lots. Light fixtures when placed in a hardscape area shall be mounted flush with the surrounding paving or hardscape. e. Pole and pedestal clearances. 1. Curb face: 3 feet 2. Handicap parking space or ramp: 5 feet 3. Parking space: side - 2 feet; head - 3 feet 4. Trash enclosure: 3 feet from any vehicle approach 5. Drive aisles: 3 feet 6. Edge of sidewalk: 2 feet f. Minimum Fixture vertical clearance. 1. Over driveways /aisles: 14 feet 2. Over walkways: 8 feet g. Shielding /shrouds. All lighting fixtures shall be designed and installed such that no light will be emitted above the horizontal plane. Integral cut -off devices or shields and /or the addition of external shrouds of compatible architectural design to the buildings shall be used to limit stray light. h. Automatic shutoff. All lighting systems shall be designed to include an automatic shutoff control with manual override capability such that only a minimum number of fixtures remain on after the closing time of the facility which they serve. It is the intent of this sub - section that significant reductions in night time light glow occur. Reductions shall not be less than 75% of the designed lighting output, and /or 50% of the energy load of the system, or both after the hour of 10 P.M., except for approved entertainment venues and twenty - four hour businesses, or unless otherwise approved by the Director of Community Development, upon recommendation of the City's Lighting engineer. 17.30.080 Certification /Testing Each lighting plan shall be certified to meet the standards of this Chapter and Title, as well as those structural and electrical codes adopted by the City which may apply. The applicant's engineer shall prepare and certify that the \ \MOR PRI —SERV\ home_ folders \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30 #2.doc Page 3 0000N7 plan has been prepared according to the information contained in this Chapter and any design materials furnished by the City's lighting engineer. The City's lighting engineer shall review and approve the plans and certify to their compliance with approved standards and criteria. The City's lighting engineer shall sign all building and zoning clearances necessary to issue building permits for the implementation of the lighting system plans. Prior to issuance of a final Certificate of Occupancy the City lighting engineer shall cause to be performed a photometric field inspection of the approved lighting system for all development projects. The inspection shall verify the proper construction and installation of materials within the approved plan, determine the actual light patterns and values through light meter testing and observation, and determine the extent of any errant lighting. Deviations and or violations shall be corrected prior to the final clearance for the project. 17.30.090 Exemptions The criteria of this Chapter shall not apply to any of the following: a. One incandescent bulb of 100 watts or less used in low density residential or rural lighting areas, provided such fixture is shielded so as not to emit light above the horizontal plane or beyond the property line. b. Athletic field lights within a public park, recreation. or school campus established pursuant to special plans meeting recognized standards for such facilities constructed in accordance with a photometric plan approved for these facilities. Non - horizontal fixtures are discouraged. c. Navigation beacons, aircraft warning lighting upon towers or similar structures, hazard markers, railroad signals and crossing warning devices. d. Security lighting for prison, jail facilities, medical facilities or special care facilities. e. Traffic control devices. f. Seasonal lighting displays used in conjunction with religious celebrations such as Christmas or Hanukkah residential lights, so long as the glare is not sufficient to pose safety hazards to pedestrians and motorists, or cause sufficient attraction to result in creation of a nuisance or hazard to vehicular traffic. g. Temporary sale or special event lighting as permitted through the issuance of appropriate permits by the City. h. Repair or replacement of individual lighting fixtures existing prior to the effective date of this Chapter, provided that the fixture and /or the luminaire repaired or replaced does not exceed the intensity of the original lighting fixture. \ \MOR_PRI_SERV \home folders \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30$2.doc Page 6 0QQ0 -8 i. Safety or security lighting within single family residential neighborhoods recommended by Police or special security inspections as part of a Neighborhood Watch program provided such lighting shall not create a nuisance to abutting properties as a result of spillover. To the extent that the prescribed lighting is not diminished in effectiveness, all such lighting shall incorporate motion detectors, photocells or similar devices to activate the special light fixtures, but shall be provided with a manual switching device to override the fixture when necessary. 17.30.100 Enforcement. It shall be unlawful for any person, firm, business, corporation or entity to install, replace, reconstruct or intensify any lighting system, for which a permit is required, upon any commercial, industrial, institutional or multiple family residential property within the City of Moorpark not in compliance with the provisions of this Chapter. Violations of the provisions of this Chapter shall be subject to prosecution as infractions. Violations which create unwanted and potentially unsafe or unhealthy conditions upon any property, public or private, shall be considered a public nuisance and subject to abatement procedures. It shall be the responsibility of each occupant, property owner, Home Owners' Association, Tenant Association, or Property Management Association having jurisdiction over such property to ensure compliance with the intent and provisions of this Chapter to the greatest extent feasible. Covenants and Conditions for any Property Association shall contain provisions for the design, review, approval and continued maintenance of lighting systems within the boundaries of such association. 17.30.110.Non- conforming systems. Lighting systems, for which valid permits have been issued, existing upon properties within any zone prior to the effective date of this chapter shall be considered legally non- conforming. As such, normal repair, maintenance, and replacement with like fixtures of these lighting systems shall be permitted, unless otherwise provided for within this Chapter. Replacement, repair or rehabilitation of 25% or more of the fixtures within an existing non - conforming lighting system within an industrial, institutional, commercial or multiple family residential project, as determined by the Director of Community Development, shall require that the system be brought into conformity with the provisions of this chapter. Lighting fixtures within single family developments found to create a nuisance to abutting residences or upon the public right -of -way, shall be corrected in such a manner as to remove the nuisance. \\ MOR_ PRI_ SERV\ home_folders \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30N2.doc — Page 7 0006Aw Additions to existing non- conforming lighting systems shall not be permitted except for those which result in a lighting system for the property which is more conforming, with these provisions or which reduce the level of non - conformity. Whenever a project site is the subject of a Major Modification to the approved development plan as defined by this code, the Major Modification application shall incorporate a revised lighting system plan in order to bring the property into conformance with this chapter. \\ MOR_ PRI_ SERV\ home_folders \JLibiez \M \CodeAmnd \Lighting \CHAPTER 17.30 #2.doc Page B V 17.20.040 N. Sales or leasing of commercial or industrial office space within an existing building on the same site as the unit or units being sold or leased; O. Play suuc=M outdoor fumiture, and the like, which are exempt from setback requirements pursuant to Section 17.24.040; P. Temporary filming that meets any of the following criteria: 1. Is for current news programs, 2. Is within an existing building, 3. h during daylight hours for one (1) day in any seven (7) day period, Provided that such filming does not involve open flames, explosives, or the construction of sets or other structures; Q. Grading, except for that which is proposed within an overlay zone and requires a discretionary permit pursuant to Chapter 17.36; R. The following types of retail sales from wheeled vehicles, subject to the requirements of all other city departments: 1. Trucks from which food is sold to employees of commercial and industrial businesses along a predew mined route, provided that such trucks are not in any location for more than one -half hour per day, and 2. Vehicles parked on the site of a permitted swap meet, carnival, outdoor festival or similar event, and selling food during such event. (Ord. 189 § 3 (8105 -3), 1994) 17.20.050 Permitted uses in open space, agricultural and special purpose zones. Permitted uses in open space, agricultural and special Purpose zones are set out in Table 17.20.050. Note: An approved residential planned development permit is required for five (5) or more lots in the RA, RO, R -1 and RE zones. The key for Table 17.20.050 is as follows: (Blank) Not permitted ♦ Permitted by zone clearance ■ Administrative permit • Planning commission- approved planned development permit 0 City council - approved planned development Permit O Planning commission - approved conditional use permit ■ City council - approved conditional use permit Table 17.20.050 PE MU TED USES IN OPEN SPACE, AGRICULTURAL AND SPECIAL PURPOSE ZONES Agriculture and agricultural operations (no retail except as indicated). Animal husbandry: Without structures' With strictures: total GFA per lot: Up to 1.000 sq. fL Over 1,000 to 5,000 sq. R Over 5,000 to 20,000 sq. fL Over 20,000 to 100,000 sq. R Over 100,000 sq. fL Apiculture= Fish farms More animals them are permitted by Section 17.28.030C Contractors= service and storage yards and buildings Crop production' Wholesale nursery Fvewood operations Greenhouse, hothouses and the like: total GFA per lot:' Up to 1,000 sq. fL 1.000 to 20,000 sq. R 310 OS AE RA RE RO RI R2 RPD TP I ow,031 EXHIBIT B ♦ ♦ O ♦ ♦ O O O O O O O O O O O O O O O O O O O ♦ ♦ O ow,031 EXHIBIT B 20,000 to 100,000 sq. ft. Over 100,000 sq. ft. Packing or pnlim• processing, within structures: total GFA per lot? Up to 5,000 sq. ft 5,001 to 20,000 sq. ft. 20,001 to 100,000 sq. ft. Over 100,000 sq. ft. Timber growing and harvesting, and compatible uses Dwellings, farm worker (more than one per lot) Wineries Up to 2,000 sq. ft. structure 2,001 to 20,000 sq. ft. structure Over 20,000 sq. ft. structure With public tours or tasting rooms Accessory structures To animal husbandry: Dwelling, caretaker More than one per lot Offices To crop production, including storage Dwelling, farm worker. On lots of 40 acres or more On lots less than 40 acres More than one per lot Offices Produce stands, retail= Accessory uses, including open storage Fuel storage' Insecticides for pest control Packing, storage or prelim. processing of crops: Without structure' Airfields and landing pads and strips, private Animals, nonagricultural (see also Dwellings, accessory uses and structures)' Kennels Wild animals Boardinghouses and bed- and4weaWast inns Care facilities= (see also H•SC and W&IC) Day: Can of 12 or fewer persons (State law requirement related to day cane facilities for 7 -12) Can of 13 or more persons m ate: Care of 7 or more Persons (see definitions) Residential: Care of 6 or fewer persons Care of 7 or more persona Cemeteries Accessory crematoria. columbaria and mausoleums Churches, synagogue and other buildings used for religious worship Clubhouses (no alcoholic beverages) 311 17.20.050 OS AE RA RE RO R1 R2 RPD TP I O O O O O SEE WITH STRUCTURES, ABOVE O O O O O O O O O SEE GREENHOUSE O O O O • • O O O O O O O O O O O O O O O O O O O O O O O O O O O O SEE WITH STRUCTURES, ABOVE O O O O O O O O O SEE GREENHOUSE O O O O O O O O O O O O O O O O O O O O O O O SEE ANIMAL HUSBANDRY O O O O O O O O O 000G3;2 O O O O O O• O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 000G3;2 O O O O O O• O 17.20.050 Communications facilities Drilling, temporary geologic (testing only) Dwelling, single- family2' (R -P -D zone) Mobilehome, continuing nonconforming Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, two-family, or two single - family dwellings' Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, multifamily Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, accessory structures For human habitation: Mobilehome/RV as temporary dwelling during construction' Second dwelling= Room additions Not for human habitation (with or without bathroom): Second story patio/dock Accessory structure over 120 sq. & Over 1,000 sq. ft. per structure; or over 2,000 sq. ft. per lot Antenna, ground- mounted (noncommercial), above 40 R2 Dwellings, accessory uses Animals' Apiculture= Aviaries Farm animals' (other than horses/ponies) Horses/poniee Pet animals= More animals than are permitted by Section 17.28.0300 Wild animals Commercial uses, minor, for project residents Home occupation Storage, his Education and training Colleges and universities Schools, elementary and secondary (boarding and nonboarding) Energy production 11mm, renewable sources Festivals and simflar event, temporary outdoes Goverment buMnp Correctional insdawoos Fire stations Law enforcement &Witie= Grading' Within an overlay zone Hospitals Hospitals for large animals Libraries 312 OS AE RE O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ■ O O O O O O O O O O O 1 RE RO Rl R2 RPD TP I 0 0 0 0 0 0 0 O O O O O O O a o 0 0 0 • 0 O O O O O O O O O O O O ♦ ♦ O ♦ ♦ O O O O O • O O O O O O O O O O O O O O O O O O O O O O O O O O SEE CHAPTER 17.36 O O O O O O O O O 0 00G33 17.20.050 Mineral resource development OS O AE O RA RE O RO RI R2 RPD TP I Mining and accessory uses= O O O Less than 9 months in duration O O O O Public works maintenance Oil and gas exploration and production= O O O O Mobilehome parks= O O O O O O Model homes/lot sales=; 2 years More than 2 years O O O O O O Motion picture and TV production, and related activities and structures O O O O O O O O O Temporary (maximum 42 days in any 180 -day period)'•= ♦ ♦ ♦ ♦ ♦ ♦ Pipelines and transmission lines, aboveground= O O O O O O O O O O Public utility facilities, excluding offices and service yards' O O O O O O O O 0 0 Recreational sport and athletic facilities Camps O O O Campgrounds= O O O O Community centers O O O O O For farm workers and nonprofit farm community organizations O O O Fields, athletic O O O O O O Geothermal spas Golf courses, except miniature golf= O O O O O O O O Parks ♦ O ♦ ♦ ♦ ♦ ♦ • O With buildings O O O O O O O O O Periodic outdoor sporting events O Recreational vehicle parks= O O O Recreation projects, city - initiated Caretaker recreational vehicle, accessory' Retreats=: Without sleeping facilities O O O With sleeping facilities O O O O Riding stables O O O O With accessory lodging facilities O O Shooting ranges and gun clubs Signs (see also Section 17.20.040 and Chapter 17.40) Storage of building materials, temporary= Trees and native vegetation: Removal, relocation or damage' Within an overlay zone SEE CHAPTER 17.36 Uses and structures, accessory (other than to agric. animals or dwellings) ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ O O To a use requiring a PD permit or CUP Dwelling, caretaker SEE SECTION 17.44.080A Waste treatment and disposal O O O O O Water production, storage and distribution facilities: Private purveyors" O O O O O O O O O O Notes for Tabk 17.X050: 1. See also Section 17.20.040. 2. There are specific regulations for this use; see Chapter 17.28. 3. See Chapter 17.32 for parking standard. 4. Most public water facilities are exempt from these regulations. (Ord. 196 4 3 (part), 1994; Ord. 189 13 (9105 -4), 1994) 313 (Moorpark 12 -98) 0006034 17.20.060 17.20.060 Permitted uses in commercial and industrial zones. Permitted uses in commercial and industrial zones are set out in Table 17.20.060. Note: All uses located in the M -1 and M -2 zones which at the property line are adjacent to residentially zoned prop- erty shall require a city council - approved conditional use permit prior to occupancy of the building. The key for Table 17.20.060 is as follows: [Blank] Not permitted ♦ Permitted by zone clearance • Planning commission - approved planned CPD development permit M2 I C -OT City council- approved planned development permit O Planning commission- approved conditional use permit 0 City council - approved conditional use perm it O O Administrative permit required A Temporary use permit Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES Airfields and landing pads and strips, private Airports Alcoholic beverage? Establishments selling beer and/or wine with an eating place Establishments selling alcoholic beverages other than beer and wine with an eating place Amusement and recreational facilities (see definitions in Ch. 17.08) Amusement parks and carnivals Arcades Batting cages and golf driving ranges, indoor Bicycle racing tracks, outdoor Health club /gymnasium (see definitions) Martial arts and dance studios Motion picture theaters, outdoor (drive -in) Racetracks (for motorized vehicles), shooting ranges and stadiums Art galleries, museums and artisan workshops Automobile repair, including component repair Automobile service stations Banks and related financial offices and institutions Barber, hairstylists, manicurists Tanning centers Bars, taverns and nightclubs' Botanical gardens Care facilities: For 7 or more persons' (see also H&SC and W &IC) Day2.3 Intermediate and residential Care facilities: For 9 or more persons (Day) Car washes, self - service or automatic Cemeteries, columbaria and mausoleums Crematoria, accessory Churches, synagogues and other buildings used for religious worships Clubhouses With alcoholic beverages Club projects, temporary outdoor (Moorpark 12 -98) 314 C2 CO Cl CPD M1 M2 I C -OT O O O O O 0 0 0 0 0 • O • O O O O O O O O • • O • • O O O o AL PROHIBITED • O • • • O O • O • O O O O O O O O O O O O O • • O O O O • O O O O • O O O O O O O O 00005 EXHIBIT C l7 _0.060 C2 CO C1 CPD M1 M2 Crop Production` Firewood operations O O Uses and structures, accessory ♦ Dwelling, farm worker (maximum one per lot) O O Fuel storage Offices O O 3141 (M"; -"9- n d®o{f ;G Communications facilities Radio' and television broadcasting stations Conference center /convention center Contractor service and storage yards and buildings Crop production' Firewood operations Uses and structures, accessory Dwelling, farm worker (maximum one per lot) Fuel storage' Offices Packing, preliminary processing, or storage of crops: Without structures` Produce stands, retail' Dog and cat grooming Dressmaking and tailor shops Drilling, temporary geologic (testing only) Dwelling for superintendent or owner Dwelling, caretaker Education and training Colleges and universities Schools: Elementary and secondary (nonboarding only)IJ Schools: Professional, vocational, art, craft and self - improvement Energy production from renewable sources Festivals and similar events, temporary outdoor Government buildings, excluding correctional institutions Fire stations Libraries and information center Grading' Within an overlay zone Grading not in conjunction with a development project Less than 5,000 cubic yards More than 5,000 cubic yards Health club/gymnasium (see definitions) Health services such as professional offices and outpatient clinics Ambulance services Hospitals Pharmacy, accessory retail. for prescription pharmaceuticals only Hotels, motels and bed- and- Ixtakfast inns Kennels (animal hospitals, boarding and grooming - -small animals) Laboratories: research and scientific Medical and dental Laundry service (laundromats) Laundry service (light) Libraries and information center Manufacturing associated with crafts and artisans Assembly, exhibits, demonstration Manufacturing industries Apparel and related products Dressmaking and tailor shops 315 1- =0.060 uA C • • • C2 O O • • O CO Cl CPD M1 M2 I C -OT O O O O O O O O • • O O O O • O O O (Moorpark 12.98) OOOGU ! O O O O • O • O O N O O • O • • • • • O O O • • O O O O O • • • • • O • • • O O O SEE CHAPTER 17.36 uA C • • • O O O • • O O O O O • O (Moorpark 12.98) OOOGU ! 17.20.060 Chemicals, gases and related products (see definitions), excluding nerve gas Drugs, pharmaceuticals, perfumes, cosmetics and the like Soaps, detergents and cleaners Electrical and electronic machinery, equipment and supplies Batteries Household appliances Transmission and distribution equipment, and industrial apparatus Food and related products Alcoholic beverages Bakery product Meat, seafood and poultry packing plants Slaughtering; refining and rendering of animal fats and oils Sugar refining Furniture and related fixtures Instruments: measuring, analyzing and controlling Jewelry, silverware and plated ware Laundry service— laundromats' Laundry service — light Laundry service -- heavy' Leather and leather products Tanning, curing and finishing of hides and skins Lumber and wood products and processes Cabinet work Plywood, particleboard and veneer manufacture; wood preserving Sawmills and planing mills Machinery, except electrical Office, computing and accounting machines Metal industries, primary Rolling, drawing and extruding Metal products, fabricated Ammunition Machine shops Plating, polishing, anodizing, engraving and related operations Musical instruments, including pianos and organs Paper and related products Products from paper and paperboard, including containers Pens, pencils and other office and artists' materials Personal goods Petroleum refining and related industries Photographic, medical and optical goods, and watches and clocks Printing, publishing and related industries Print shops (up to 1,500 sq. R of gross floor area) Rubber and plastics products Tire retreading and recapping Signs and advertising displays Stone, clay and glass products Asbestos products Cement, concrete and plaster, and products fabricated therefrom Glass and glassware, pressed and blown, including flat glass (Moorpark 12.") 316 C2 CO C1 CPD M1 M2 I C -OT • • O O • O • O • O n • 0®Q(ik-;s • O • O • • • O • O • 0 O 0®Q(ik-;s Glass products, made of purchased glass Rock crushing and sandblasting plants Textile mill products Tobacco products Toys and amusement, sporting and athletic goods Transportation equipment Motorcycles, bicycles and related parts Martial arts and dance studios Mineral resource development Mining and accessory uses' Less than 9 months in duration Public works maintenance Oil and gas exploration and production' Motion picture and TV production, and related activities and structures Temporary (maximum 47 days in any 180 -day period)" Offices: business, professional and administrative, except health and veterinary Optical goods Organizations (professional, religious, political, labor, trade, youth, etc.) Parks — public Parking lots Pharmacy, accessory retail, for prescription pharmaceuticals only Photocopy /quick printers Photofinishing (1 -hour photo) Pipelines and transmission lines, aboveground Produce stands, retail Propulsion (engine) testing Public utility facilities Offices only Service yards Recording studios and sound stages Rental and leasing of durable goods Bicycle rental Repair and reconditioning services Automobile body work and painting Automobile repair. including component repair Electrical and electronic machinery and equipment Heavy machinery repair, including trucks, tractors and buses Instruments, including musical instruments Office, computing and accounting machines Photographic and optical goods Repair of personal goods such as jewelry, shoes and saddlery Restaurants, cafes and cafeterias Restaurants, cafes and cafeterias' temporary outside eating Retail trade (see definitions in Chapter 17.08) includes retail -only nurseries and excludes lumber and building materials sales yards, pawnshops and liquor stores Outdoor sales area Outdor sales area temporary Antique store 317 - � 060 C2 CO CI CPD MI M2 I C-OT • • C ., • • O • • O O O O O ♦ AL O • O O • O • • O O O O O O O O 0 0 O O O O O • O • • O • • O • • O O O O O ♦ AL O • O O • O • • O O O O O O O O 0 0 0 • • • • • O • • O • O O O O O • O O • O O O O O • • • • • • • • to • Woorpak 12.98) 0000 -9 [1F�►�ixi : {i7 Retail trade (see definitions) Christmas tree sales' Feed stores Lumber and building materials sales yards Mail order houses (nonstore) Motor vehicle, mobilehome, recreational vehicle and boat dealers' Nurseries Uses and structures, accessory Outdoor sales and services, temporary' (see definitions) Repair of products retailed Salvage yards, including automobile wrecking yards Service establishments Business (see definitions) Auction halls, not involving livestock Disinfecting and exterminating services Exhibits, building of Sign painting and lettering shops Personal (see definitions) Signs (See also Section 17.20.040 and Chapter 17.40) Freestanding off -site advertising signs Swap meets Taxidermy Transportation services (see definitions) Bus and train terminals Stockyards, not primarily for fattening or selling livestock Truck storage, overnight Trees and native vegetation: removal, relocation or damage' Within an overlay zone Uses and structures, accessory Dwelling, for superintendent or owner Dwelling, caretaker Game machines: three or fewer Recreational facilities. restaurants and cafes: for employees only Retail sale of products manufactured on-site Temporary buildings during construction' Vaccination clinics, temporary, for pet animals' Veterinary clinics, pet animals only' Warehousing and storage, including mieistorage Automobile impound yards; dead storage of trucks, buses and the like Building materials, mover:' equipment and the like: indoor Outdoor Fertilizer and manure Hazardous materials; including pesticides and herbicides Petroleum and gas (butane, propane, LPG, etc.); explosives and fireworks Recreational vehicles Storage of building materials, temporary' Waste treatment and disposal (see definitions) Recycling facilities and centers Water production, storage and distribution facilities: Private purveyors" (Mmprk 12.98) 318 C2 CO C1 CPD M1 M2 I C -OT O O O • • O O SEE PRINCIPAL USE SEE CHAPTER 17.36 SEE PRINCIPAL USE O O O O O O • O O • O O O O O O ♦ O • • O • • O O O O O • O • O O SEE CHAPTER 17.36 SEE PRINCIPAL USE O O O O O O DENU • O • O O O O ♦ ♦ O DENU 0®00'+0 • O • O O O O ♦ ♦ O 0®00'+0 _0 060 C2 Wholesale trade CO C1 CPD 1 1i M2 1 C -OT Zoological gardens, animal exhibits and commercial aquariums 0 O p Notes for Table 17.20.060: 1. There are specific regulations for this use; see Chapter 17.28. 2. If there is an existing planned development permit for the site, the school facility could be permitted by approval of a modification to the existing permit. 3. For M -1, M -2 and C -O zones, a school facility would only be permitted where sponsored by or permitted within an industrial or commercial use on the same site. 4. See also Section 17.20.040. 5. Churches located in existing buildings with an approved planned development permit will require a modification to that permit. 6. If existing industrial building has approved IPD, restaurant will require approved minor modification to [PD. 7. Restaurants with temporary outside eating facilities shall receive a modification to the planned development permit. 8. Most public water facilities are exempt from these regulations. 9. The establishment must be an otherwise permitted or conditionally permitted use in the zone. 10. Applicable only to those properties within the boundaries of the Downtown Specific-plan plan that are zoned C-o (Ord. 247 § 1(E), 1998: Ord. 234 12. 1997; Ord. 233 § 3, 1997; Ord. 209 § 3, 1995; Ord. 200 13 (part), 1994; Ord. 189 § 3 (8105 -5), 1994) 318 -1 (Moorpark 12.98) 0006 1 Chapter 17.44 ENTITLEMENT - PROCESS AND PROCEDURES 17.44.030 ENTITLEMENT. Subsection A. is amended as follows: A. Discretionary Permits. 1. Types of Discretionary Permits e.(Added)Downtown Specific Plan Discretionary Permits. Discretionary permits within the boundaries of the Downtown Specific Plan that may be required for the conversion of a residential building or use to a commercial use or to a commercial office use, or, to provide entitlements where a previous Planned Development Permit has not been issued, shall be subject to the review and approval of the community development director. Notice and hearing shall be given in the same manner as that required for an Administrative Permit as set forth in Section 17.44.030.A.1.d. The director's decision is subject to an appeal period which shall end ten (10) days after the director's decision is rendered pursuant to Section 17.44.060. Plans similar in content and information to those typically required for a commercial planned development permit shall be prepared and submitted as a portion of the application for all discretionary permits within the Downtown Specific Plan area as established by this section. 17.44.040. Filing and processing of application requests. Subsection I is amended as follows: I. 1. Fees. (Amended) Add to the end of the section the following wording: Fees for discretionary applications to convert residential buildings or uses to commercial or commercial office uses within the Downtown Specific Plan area shall be not more than one -half of the scheduled fee established by Resolution of the City Council, or, shall not exceed the actual cost of the processing of the application to its completion, whichever is less. 17.44.050 Notice and hearing procedure. Subsection A. is amended as follows: A. Notice. 3. d. (Amended). The owners of real property situated within a radius of one thousand (1,000) feet, with exception of discretionary permits identified by Section 17.44.030.A.1.e. within the Downtown Specific Plan area, or a variance request associated with one (1) single - family residential dwelling unit, each of which shall have a distance requirement of three - hundred (300) feet of the exterior boundaries of the assessor's parcel(s) which is the subject of the application. Names and addresses shall be obtained by the applicant from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one - eighth page advertisement EXHIBIT D '(���//'��yy ('!r V V v L fvo Downtown Discretionary Permits Page 2 published at least ten (10) days prior to the hearing in a newspaper of general circulation may be substituted for the direct mailing. 17.44.090 Appeals. Subsections A and C are amended as follows: A. General. Unless otherwise prescribed by law, an application for an appeal concerning any order, requirement, permit or decision made in the administration of this title may be filed by an aggrieved party within fifteen (15)days after the alleged decision - making error, or on the following work day if the fifteenth day falls on a weekend or holiday. Applications referenced within Section 17.44.030.A.1.e shall be subject to a ten (10) day appeal period. Approval of a Zone Clearance or other ministerial approvals are not appealable other than by the applicant of the ministerial approval. Included within this section are appeals of the director of community development's refusal to accept or process an application until the applicant paid all outstanding fees and charges in accordance with subsections A, (I) (1) and (I) (3) of Section 17.44.040. Decisions made regarding enforcement report, which are not a part of this title, are not appealable. In hearing and deciding such an appeal of the director of community development's refusal, the planning commission shall consider the correctness of the amount of the outstanding debt or charge and whether the debt or charge is owed by .the appellant, if such issues are raised by the appellant. C. Appeal Period. The appeal period for appeals to city decision - making authorities shall end fifteen days, or in the case of permits referenced by Section 17.44.030.A.1.e ten (10) days, after the decision being appealed is rendered pursuant to Section 17.44.060, or on the following work day if the last day of the appeal period falls on a weekend day or holiday. 0000 -'13 ATTACHMENT " B" Planning Commission Staff Reports ZOA 99 -05 Lighting Design Standards Od�OC.:00001-111 TO: FROM: DATE: SUBJECT: ITEM (0 . fa MOORPARKK, CALIFORNIA CITY OF MOORPARK Planning Commission Meeting PLANNING COMMISSION & e/x G ,f AGENDA REPORT ACTION: Planning Gt �vosl,n /eaD Planning Commission Wayne Loftus, Prepared by: ``- c fLI? 3 76 BY �-� �4_� Ce cc c, Acting Director of Community Development�� John Libiez, Principal Planner /Advance July 30, 1999 (For Meeting of August 9, 1999 ADOPTION OF RESOLUTION PC -99 -7- RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONING CODE AMENDMENT 99 -05 TO THE MUNICIPAL CODE OF THE CITY OF MOORPARK BY ADDING CHAPTER 17.30, "LIGHTING REGULATIONS", THERETO. BACKGROUND: Planning Commission considered Chapter 17.301 "Lighting Regulations" at Public Hearings on June 14, June 28, and July 26, 1999. Commission closed the public hearing on the subject Code Amendment on July 26, 1999, and directed staff to return the final draft of Chapter 17.30 and a resolution recommending that the City Council consider approval of an ordinance to incorporate Chapter 17.30 to the Moorpark Municipal Code. DISCUSSION: A motion to adopt Planning Commission Resolution No. PC -99 -376 under consent calendar is sufficient to forward the resolution and recommended code chapter to the City Clerk for advertising and setting of a public hearing on an ordinance to consider adoption of the recommended code amendment by the City Council. RECOMMNDATION : 1. Consider a motion to adopt Planning Commission Resolution 99 -376. 2. Direct staff to forward the adopted resolution, copies of pertinent staff reports and minutes to the City Council for public hearing. Attachment: 1. Planning Commission Resolution No. PC -99 -376 M:\ JLibiez\ M\ CodeAmnd\ stfrprtlightingresoadoptPC8999 .doc 0000,15 RESOLUTION NO. PC- 99 -376 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF MOORPARK, APPROVE A NEGATIVE DECLARATION AND ADOPT ZONING CODE AMENDMENT 99 -05 TO ADD CHAPTER 17.30, - LIGHTING REGULATIONS" TO THE MUNICIPAL CODE (APPLICANT: CITY OF MOORPARK.) WHEREAS, Public Notice having been given in time, form, and manner as required by law, the Planning Commission of the City of Moorpark held a Public Hearing for comment on the Environmental Negative Declaration for Zone Change 99 -05 on June 14, June 28, and July 26, 1999. WHEREAS, at its public hearings on the Negative Declaration and Project, the Planning Commission took testimony from all those wishing to testify on the project, closed the public hearing on the project and the Negative Declaration on July 26, 1999, and reached its decision on July 26, 1999; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the project information presented to the Planning Commission, including but not limited to, the Negative Declaration; staff reports; staff and public testimony; the Planning Commission hereby makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The Negative Declaration for Zoning Code Amendment 99- 05 has been completed in compliance with CEQA (Division 13 of the Public Resources Code of the State of California)and the City's CEQA Procedures. 2. The Planning Commission has received and considered the information contained in the Negative Declaration and has found that the Negative Declaration adequately addresses the environmental effects of the proposed project. ZONE CHANGE FINDINGS: 3. The approval of Zone Change No. 99 -05 is consistent with the City's General Plan AND Zoning Code. ATTACHMENT: 1 OOOG'yO Planning Commission Resolution No. PC -99 -05 July 26, 1999 Page 2 4. Lack of proper design standards and regulations related to lighting of projects creates unwanted glare and impacts to adjacent properties and creates light pollution that effects local astronomical resources. SECTION 2. The Planning Commission hereby recommends that the City Council adopt an ordinance to amend the City Zoning Code by adding thereto a new chapter, Chapter 17.30, providing regulations for the lighting of development projects within the City of Moorpark, as shown on Attachment A. THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: Parvin, Otto, Haller, Landis, DiCecco NAYES: ABSENT: ABSTAIN: PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF JULY, 1999. ATTEST: Celia LaFleur Secretary ATTACHMENTS: A. Zoning Code Regulations" Mark DiCecco, Chairman Amendment, Chapter 17.30, "Lighting CHAPTER 17.30 LIGHTING REGULATIONS Sections: 17.30.010 Purpose and Intent 17.30.020 Definitions 17.30.030 Applicability 17.30.040 General requirements 17.30.050 Prohibited lighting 17.30.060 Plans Required 17.30.070 Design Standards 17.30.080 Certification /Testing 17.30.090 Exemptions 17.30.100 Enforcement 17.30.110 Non - conforming systems 17.30.010 Purpose and Intent The purpose and intent of this Chapter is to provide regulation of lighting within development projects in all zones within the City of Moorpark. The City recognizes that lighting has both a practical and aesthetic value and is an integral portion of any development. The City also recognizes that improperly installed lighting, illegal lighting, or improperly maintained lighting, creates impacts upon astronomical resources within the community and creates conflicts and nuisance impacts upon abutting properties and is wasteful of energy resources by causing energy to be expended without producing additional useful light. 17.30.020 Definitions Words and terms as used in this Chapter shall have the meanings set forth in this section. Words or terms not defined herein shall have the generally accepted meaning as defined elsewhere within this Title. a. Abatement. The method of reducing the degree or intensity of pollution, nuisance or violation. b. Adverse Impact. The result of a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions. C. Candlepower. Total light output expressed in candelas. d. Design Standards. Guidelines defining parameters to be followed in site, building, landscape and lighting design. e. Drop down lens. A light directing diffuser or lens which is shaped so that it lays or falls below the horizontal plane of the bottom of the fixture, thus resulting in direct viewing of the lens from above the horizontal plane. f. Glare. The effect produced by lighting sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. For the purposes of this chapter, glare occurs when the luminaire (or associated lens) of a light fixture is directly viewable from a location off the property that it serves. g. Human scale. The proportional relationship of a particular building, structure, or streetscape element to human form and function. h. Luminaire or luminary. The light producing element of a light fixture. Examples are ATTACHMENT A. OOOG 18 bulbs and tubes. Direct viewing of luminaries of greater than 1000 lumens per fixture is undesirable. A diffusing lens between the bulb and the viewer is not considered an obstruction to the direct view of the luminaire and for the purpose of this chapter is considered a secondary luminaire. j. Nuisance. An interference with the enjoyment and use of property. k. Nuisance element. An environmental pollutant, such as smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare, light or heat. 1. Spillover. In practical terms, a close relative of glare. Spillover occurs when the illumination intensity outside the property boundaries exceeds 1 foot - candle. 17.30.030 Applicability The standards, guidelines and procedures contained within this Chapter shall apply to all residential, commercial, industrial, and institutional zoned lands and projects within the City of Moorpark. Referenced standards and criteria shall apply to all specific plan areas. These standards augment lighting standards and regulations contained within any adopted specific plan, and provide standards and criteria whenever a specific plan does not contain lighting standards. Where the standards of this Chapter and any previously adopted standard conflict, the more restrictive standard shall apply. M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc 17.30.040 General a. Lighting development shall to those levels provide safety an the site. Requirements within any be restricted necessary to d security to b. Use of low intensity lighting for aesthetic purposes in order to enhance or accent building features, public art, or landscape architectural features of a project is encouraged. Such lighting shall not spill over onto, or extend beyond the project property line to adjoining uses or public streets. C. All lighting systems provided within a project shall meet adopted uniform codes and standards of the City. d. All lighting system components shall be kept in good repair and service. Periodic cleaning, painting and servicing of supports, globes, fixtures and foundations is required. Poor maintenance shall be considered a nuisance condition. e. All lighting fixtures or elements shall be decorative and /or compatible with the architectural style of the buildings within and or adjacent to the project location. 17.30.050 Prohibited lighting The following types of lighting shall be prohibited within the City of Moorpark. a. Any outdoor lighting device erected, installed, modified or reconstructed without proper plans and permit approvals. Page 2 000611,9 b. Flashing, alternating or blinking lights, other than traffic or hazard lights. C. Low pressure sodium lights d. High intensity mercury vapor security lights (with fixture not properly implemented to shield direct viewing of the luminaire or the light shaping lens /diffuser from off the property) in other than rural residential or agricultural areas. e. Any luminaire that is viewed directly with no intervening lens or shielding element, other than bare bulbs or tube lighting, other than approved neon lighting. f. Drop down lighting lens or fixtures. 17.30.060 Plans Required All commercial, industrial institutional, and residential projects approved through the Planned Development process after the effective date of this Chapter shall have the lighting system and its components, to be incorporated within that project, approved by the City's lighting engineer prior to issuance of building permits for that project. Projects approved prior to the effective date of this Chapter shall comply with the provisions of this Chapter to the extent feasible, consistent with Section 17.30.110 Each Planned Development application and /or building permit application issued for Planned Development applications approved after the effective date of this Chapter shall incorporate electrical plans and structural plans which detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use areas, public art displays, fountains, or landscape areas. Lighting plans shall be prepared, signed and certified by a civil or electrical engineer licensed and /or registered within the State of California to prepare and certify lighting system designs /plans. Lighting plans shall, as a minimum, include and exhibit the following: a. Style, size, height and location of any poles used to support lighting fixtures or electroliers. b. Size, height and location of any foundation systems upon which light poles may be erected. C. Style, type, location and quantity of fixtures and or electroliers, whether pole mounted, bollard mounted or building mounted. d. Number and wattage of luminaries /bulbs /electroliers. e. Shields, cut -off mechanisms, or diffusers used with each fixture. f. Construction structural and mounting details for all installations. g. All exterior lighting plans shall be photo- metric consisting of a point by point foot - candle M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc Page 3 ® ® 7 o layout based upon a 10 foot grid center and extended to twenty feet beyond the property line. h. Plans shall be prepared to scale, and shall be accompanied by dimensioned detail sheets, materials catalogues, and specifications to aid in the identification and evaluation of proposed lighting system components. e. The City's lighting engineer shall evaluate and approve all lighting system plans and components. Cost of the City's lighting engineer services shall be the responsibility of the development permit applicant and shall be subject to the provisions of the_deposit fee system of the City. 17.30.070 Design Guidelines a. General guidelines 1. All lighting shall be stationary and directed away from all adjacent properties and streets /rights -of -ways. 2. Lighting systems shall be energy efficient. 3. Lights shall be shielded or recessed to direct glare and reflections within the boundaries of the property. 4. Lighting shall be consistent among fixtures used throughout the project so that single fixtures or small groups of fixtures shall not be of unusually high intensity or brightness such that hot spots are created. S. All lighting fixtures shall be appropriate in scale, intensity and height to the use to be served. 6. All walkway lighting, public space lighting, patio area lighting shall be kept to human scale. Bollard style lighting is preferred. 7. Security lighting shall be provided at all entrances and exits to buildings. 8. All lighting fixtures shall incorporate full cut- off features such that the luminaire is not visible and the direct light emissions do not extend beyond the property line or into adjacent public right -of -way. 9. Concrete pedestals, bases or foundations intended for the mounting of poles shall be restricted in height and bulk to that necessary to provide adequate, safe anchorage for poles and fixtures, but shall in no case exceed the heights specified in section 17.30.070d. All concrete pedestals shall be painted or stucco coated to be compatible with the project architectural elevations, or to blend with the landscape areas in which they are constructed. 10. Unshielded pack lighting fixtures and area wide flood lighting are prohibited. b. Lighting Pole Height. 1.Residential. 14 feet 2.Commercial. 20 feet 3.Industrial. 25 feet 4.Institutional. 20 feet c. Lighting Values. 1.Exterior parking areas: M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc Page 4 0000.51-1 7 foot - candles maximum; 1 foot candle minimum. 2.Interior parking areas: 10 foot - candles minimum. 3. Blue metal halide and high pressure sodium electroliers: 400 watt maximum. 4. Fluorescent units: 100 watts fixture. Such unit shielded so that lenses are not outside the illuminated area. lighting per light s shall be tubes or viewable intended d. Pedestals. Pedestals used to provide ground mounting foundations for lighting poles and fixtures shall not exceed six inches (6 ") in height when placed adjacent to sidewalks, within planters, or within parking lots. Light fixtures when placed in a hardscape area shall be mounted flush with the surrounding paving or hardscape. e. Pole and pedestal clearances 1. Curb face: 3 feet 2. Handicap parking space or ramp: 5 feet 3. Parking space: side - 2 feet; head - 3 feet 4. Trash enclosure: 3 feet from any vehicle approach 5. Drive aisles: 3 feet 6. Edge of sidewalk: 2 feet f. Minimum Fixture vertical clearance. 1. Over driveways /aisles: 14 feet M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc 2. Over walkways: 8 feet g. Shielding /shrouds. All lighting fixtures shall be designed and installed such that no light will be emitted above the horizontal plane. Integral cut -off devices or shields and /or the addition of external shrouds of compatible architectural design to the buildings shall be used to limit stray light. h. Automatic shutoff. All lighting systems shall be designed to include an automatic shutoff control with manual override capability such that only a minimum number of fixtures remain on after the closing time of the facility which they serve. It is the intent of this sub - section that significant reductions in night time light glow occur. Reductions shall not be less than 75% of the designed lighting output, and /or 500 of the energy load of the system, or both after the hour of 10 P.M., except for approved entertainment venues and twenty - four hour businesses, or unless otherwise approved by the Director of Community Development, upon recommendation of the City's Lighting engineer. 17.30.080 Certification /Testing Each lighting plan shall be certified to meet the standards of this Chapter and Title, as well as those structural and electrical codes adopted by the City which may apply. The applicant's engineer shall prepare and certify that the plan has been prepared according to the information contained in Page 5 000i'�s this Chapter and any design materials furnished by the City's lighting engineer. The City's lighting engineer shall review and approve the plans and certify to their compliance with approved standards and criteria. The City's lighting engineer shall sign all building and zoning clearances necessary to issue building permits for the implementation of the lighting system plans. Prior to issuance of a final Certificate of Occupancy the City lighting engineer shall cause to be performed a photometric field inspection of the approved lighting system for all development projects. The inspection shall verify the proper construction and installation of materials within the approved plan, determine the actual light patterns and values through light meter testing and observation, and determine the extent of any errant lighting. Deviations and or violations shall be corrected prior to the final clearance for the project. 17.30.090 Exemptions The criteria of this Chapter shall not apply to any of the following: a. One incandescent bulb of 100 watts or less used in low density residential or rural .lighting areas, provided such fixture is shielded so as not to emit light above the horizontal plane or beyond the property line. b. Athletic field lights within a public park, recreation or school campus established pursuant to special plans M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc meeting recognized standards for such facilities constructed in accordance with a photometric plan approved for these facilities. Non - horizontal fixtures are discouraged. c. Navigation beacons, aircraft warning lighting upon towers or similar structures, hazard markers, railroad signals and crossing warning devices. d. Security lighting for prison, jail facilities, medical facilities or special care facilities. e. Traffic control devices. f. Seasonal lighting displays used in conjunction with religious celebrations such as Christmas or Hanukkah residential lights, so long as the glare is not sufficient to pose safety hazards to pedestrians and motorists, or cause sufficient attraction to result in creation of a nuisance or hazard to vehicular traffic. g. Temporary sale or special event lighting as permitted through the issuance of appropriate permits by the City. h. Repair or replacement of individual lighting fixtures existing prior to the effective date of this Chapter, provided that the fixture and /or the luminaire repaired or replaced does not exceed the intensity of the original lighting fixture. i. Safety or security lighting within single family Page 6 000G53 residential neighborhoods recommended by Police or special security inspections as part of a Neighborhood Watch program provided such lighting shall not create a nuisance to abutting properties as a result of spillover. To the extent that the prescribed lighting is not diminished in effectiveness, all such lighting shall incorporate motion detectors, photocells or similar devices to activate the special light fixtures, but shall be provided with a manual switching device to override the fixture when necessary. 17.30.100 Enforcement. It shall be unlawful for any person, firm, business, corporation or entity to install, replace, reconstruct or intensify any lighting system, for which a permit is required, upon any commercial, industrial, institutional or multiple family residential property within the City of Moorpark not in compliance with the provisions of this Chapter. Violations of the provisions of this Chapter shall be subject to prosecution as infractions. Violations which create unwanted and potentially unsafe or unhealthy conditions upon any property, public or private, shall be considered a public nuisance and subject to abatement procedures. It shall be the responsibility of each occupant, property owner, Home Owners' Association, Tenant Association, or Property Management Association having jurisdiction over such property to ensure compliance with the intent and provisions of this Chapter to the greatest extent feasible. Covenants and Conditions for any Property Association shall contain provisions for the design, review, approval and continued maintenance of lighting systems within the boundaries of such association. 17.30.110.Non- conforming systems. Lighting systems, for which valid permits have been issued, existing upon properties within any zone prior to the effective date of this chapter shall be considered legally non- conforming. As such, normal repair, maintenance, and replacement with like fixtures of these lighting systems shall be permitted, unless otherwise provided for within this Chapter. Replacement, repair or rehabilitation of 25% or more of the fixtures within an existing non - conforming lighting system within an industrial, institutional, commercial or multiple family residential project, as determined by the Director of Community Development, shall require that the system be brought into conformity with the provisions of this chapter. Lighting fixtures within single family developments found to create a nuisance to abutting residences or upon the public right -of -way, shall be corrected in such a manner as to remove the nuisance. Additions to existing non- conforming lighting systems M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc Page 7 0 0 0 G �,t shall not be permitted except for those which result in a lighting system for the property which is more conforming, with these provisions or which reduce the level of non - conformity. Whenever a project site is the subject of a Major Modification to the approved development plan as defined by this code, the Major Modification application shall incorporate a revised lighting system plan in order to bring the property into conformance with this chapter. M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc Page 8 00065-5 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 X NEGATIVE DECLARATION MITIGATED NEGATIVE DECLARATION I. PROJECT DESCRIPTION: Adoption of a new chapter, Chapter 17.30, "Lighting Regulations" to the Moorpark municipal Code. 1. Entitlement: Zone Change No. 99 -05, 2. Applicant: City of Moorpark 799 Moorpark Ave Moorpark, CA 93021 Attention: John Libiez, Principal Planner 3. Proposal: Amend the City Zoning Code to add Chapter 17.70 titled, "Lighting Regulations." 4. Location: The project will affect all zones within the City of Moorpark S. Responsible Agencies: None. II. STATEMENT OF ENVIRONMENTAL FINDINGS: An initial study was conducted by the Community Development Department to evaluate the potential effects of this project upon the environment. Based upon the findings contained in the attached initial study, it has been determined that this project would not have a significant effect upon the environment and will upon implementation incrementally benefit the reduction of excessive light trespass which can affect local astronomical resources. III. PUBLIC REVIEW• 1. Public Notice: Publication of a Notice in a newspaper of general circulation in the area. 2. Document Posting Period: 4/30/99 to 5/24/99 Initially Prepared on: May,24, 1999. ®()0() G Prepared by: Jo he lf ibi z, Principal Planner April 30, 1999 0000 INITIAL STUDY 1. Entitlements: Zone Change No. 99 -05, Amend Zoning Code text. 2. Agency Contact: Community Development Department, City of Moorpark, 799 Moorpark Avenue, Moorpark, California, 93021, (805) 529 -6864. Project Applicant: City of Moorpark 3. Address: see Agency Contact above 4. Project Location: City -wide in all Zoning Districts 5. Assessor Parcel No: Not Applicable 6. General Plan Designation: All land use designations 7. Zoning: All Zoning classifications 8. Description of Project: Zone Change No. 99 -05 a change in the Zoning Code text to Add Chapter 17.30 "Lighting Regulations" to the City of Moorpark Municipal Code. 9. Description of Project Site: All zoning designations within the corporate limits of the City of Moorpark. 10. Surrounding Land Uses and Setting: Not Applicable 11. Other Responsible Public Agencies: None. 12. Is the proposed project consistent with: Moorpark General Plan Yes X No N/A Moorpark Municipal Code Yes _X_ No N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving impacts that have a "Potentially Significant Impact" as indicated by the checklist on the following pages. 000 iS 0 Land Use & Planning ❑ Transportation /Circulation ❑ Public Services ❑ Population & Housing ❑ ❑ Biological Resources Geological Problems X Utilities & Service Systems X Aesthetics X Energy & Mineral Resources ❑ Hazards 0 ❑ Water Cultural Resources ❑ Air Quality ❑ Noise X Recreation X Mandatory Findings of —X— N/A 18. Significance ARE ANY OF THE FOLLOWING STUDIES REQUIRED: 13. Noise Study Yes No —X— N/A 14. Tree Study Yes No X N/A 15. Archaeological Report Yes No X N/A 16. Biology Report Yes No X N/A 17: Geotechnical Report Yes No —X— N/A 18. Soil borings and assessment for liquefaction potential Yes No—X— N/A 19. Traffic Study Yes No X N/A 20. Other: (identify below) DETERMINATION: On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case. A NEGATIVE DECLARATION will be prepared. May 24, 1999 John Libiez Principal Planner 00005 -9 DETERMINATION: On the basis of this initial evaluation: • I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X • I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ • I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ • I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. • I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ May 24, 1999 John ibie rincip 1 Planner 000669 I. LAND USE AND PLANNING. Would the proposal: 1. Conflict with general plan designation or zoning? ❑ ❑ ❑ x Response: The proposed code amendment would regulate the type and intensity of lighting used within all zoning districts in the City. The proposed amendment would reduce light pollution and impact to astronomical assets within the community. 2. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ❑ ❑ ❑❑ X Response: The City of Moorpark is the agency with sole jurisdiction over this proposal. A Negative Declaration has been prepared in accordance with the CEQA guidelines and standard conditions. 3. Be incompatible with existing land use in the vicinity? ❑ ❑ ❑ X Response: The proposed lighting standards will reduce conflicts between uses by ensuring positive control of development lightin to minimize impacts to adjacent properties. 4. Affect agricultural resources or operations (e.g., impacts to soils or farmlands), convert agricultural land to nonagricultural use, and /or result in an inadequate buffer between incompatible land uses? ❑ ❑ ❑ X Response: The regulations do not impact upon the use of agricultural lands. 5. Disrupt or divide established communit, community) ? Response: The regulations the community and do not developments. the physical arrangement of an (including a low - income or minority ❑ ❑ ❑ X will apply to all land use areas of impact on the physical arrangement of II. POPULATION AND HOUSING. Would the proposal: 0006 yl 6. Cumulatively exceed official regional or local population projections? ❑ ❑ ❑ X Response: Not applicable. 7. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ❑ ❑ X ❑ Response: Not Applicable. 8. Displace existing residents or housing, especially affordable housing? ❑ ❑ ❑ X Response: Not Applicable III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: 9. Fault rupture? ❑ ❑ ❑ X Response: Not applicable. 10. Seismic ground shaking? ❑ ❑ ❑ X Response: Not Applicable. 11. Seismic ground failure, including liquefaction? ❑ ❑ ❑ X Response: Not Applicable. 12. Seiche, tsunami, or volcanic hazard? ❑ ❑ ❑ X Response: Not Applicable. 13. Landslides or mudflows? ❑ ❑ ❑ X Response: Not Applicable. 14. Erosion, changes in topography or unstable soil conditions from excavation, grading, and /or fill? ❑ ❑ ❑ X Response: Not Applicable. 15. Subsidence of the land? ❑ ❑ ❑ X Response: Not Applicable. 16.. Expansive soils? ❑ ❑ ❑ X Response: Not Applicable. -0006- 17. Unique geologic or physical features? ❑ ❑ ❑ X Response: Not Applicable. IV. WATER. Would the proposal result in: 18. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ❑ ❑ ❑ X Response: Not Applicable. 19. Exposure of people or property to water related hazards such as flooding? ❑ ❑ ❑ x Response: Not Applicable. 20. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ❑ ❑ x ❑ Response: Not Applicable. 21. Changes in the amount of surface water in any water body? ❑ ❑ X ❑ Response: Not Applicable. 22. Changes in currents, or the course or direction of water movements? 0 ❑ ❑ X Response: Not applicable. 23. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ❑ ❑ ❑ X Response: Not applicable. 24. Altered direction or rate of flow of ground water? 0 ❑ ❑ X Response: Not applicable. 25. Impacts to groundwater quality? ❑ 0 ❑ X Response: Not applicable. . 000,64G. 3 26. Substantial reduction in the amount of groundwater otherwise available for public water supplies? ❑ ❑ ❑ X Response: Not applicable. 27. Location of project within a 100 -year flood hazard area as identified on the Federal Emergency Management Agency Flood Insurance Rate Map for the City of Moorpark? ❑ ❑ ❑ X Response: Not applicable. V. AIR QUALITY. Would the proposal: 28. Violate any air quality standard or contribute to an existing or projected air quality violation? ❑ ❑ ❑ x Response: Not Applicable. 29. Expose sensitive receptors to pollutants? ❑ ❑ ❑ X Response: Not Applicable. 30: Alter air movement, moisture, or temperature, or cause any change in climate? ❑ ❑ ❑ X Response: Not applicable. 31. Create objectionable odors? ❑ ❑ ❑ X Response: Not applicable 32. Result in a significant adverse air quality impact (based on the estimated date of project completion), as identified in the Ventura County Air Pollution Control District's Guidelines for the Preparation of Air Quality Impact Analyses? ❑ ❑ ❑ X Response: Not applicable. 33. Result in a significant cumulative adverse air quality impact based on inconsistency with the Ventura County Air Quality Management Plan? ❑ ❑ ❑ X Response: Not applicable. 0006�zi VI. TRANSPORTATION /CIRCULATION. Would the proposal result in: 34. Increased vehicle trips or traffic congestion? ❑ ❑ ❑ X Response: Not applicable 35. An intersection level of service less than the City's system performance objective? ❑ ❑ ❑ X Response: Not applicable. 36. Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ❑ ❑ ❑ X Response: Not applicable. 37. Inadequate emergency access or access to nearby uses? ❑ ❑ ❑ X Response: Not applicable. 38. Insufficient parking capacity on -site or off -site? ❑ ❑ ❑ X Response: Not applicable. 39. Hazards or barriers for pedestrians or bicyclists? ❑ 0 ❑ X Response: Not applicable. 40. Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ❑ ❑ ❑ X Response: Not applicable. 41. Rail traffic impacts? ❑ ❑ ❑ X Response: Not applicable. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: 42. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? ❑. ❑ ❑ X 000W ;5 Response: Not applicable. 43. Locally designated natural communities riparian woodland, coastal sage scrub, Response: Not applicable. 44. Wetland habitat (e.g. riparian woodland Response: Not applicable. (e.g. oak woodland, etc.) ? ❑ X or vernal pool)? ❑ X 45. Wildlife dispersal or migration corridors? ❑ ❑ ❑ X Response: Not applicable. VIII.ENERGY AND MINERAL RESOURCES. Would the proposal: 46. Conflict with adopted energy conservation plans? ❑ ❑ X ❑ Response: The proposed project would result in the definition of design plans for development of lighting systems serving all zoning districts. Photometric plans required by the code change will strengthen efforts at conservation. The code amendment incorporates language that would seek to reduce energy consumption. 47. Use non - renewable resources in a wasteful and inefficient manner? ❑ ❑ ❑ X Response: Not applicable. 48. Result in the loss of availability of a known mineral resource that would be future value to the region and the residents of the State? ❑ ❑ ❑ X Response: Not applicable. IX. HAZARDS. Would the proposal involve: 49. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ❑ ❑ ❑ X Response: Not applicable. 50. Possible interference with an emergency response plan or emergency evacuation plan? ❑ ❑ ❑ X Response: Project has no impact. OOOG iii 51. The creation of any health hazard or potential health hazard? ❑ ❑ ❑ X Response: Not applicable. 52. Exposure of people to existing sources of potential health hazards? ❑ ❑ ❑ X Response: Not applicable. 53. Increased fire hazard in areas with flammable brush, grass, or trees? ❑ ❑ ❑ X Response: Not applicable 54. Project located within or adjacent to a high fire hazard area as defined by the Ventura County Fire Protection District? ❑ ❑ ❑ X Response: Not applicable. X. NOISE. Would the proposal result in: 55. Increases in existing noise levels? ❑ ❑ ❑ X Response: Not applicable. 56. Exposure of people to conditionally acceptable or unacceptable noise levels based on the City's Noise Element? ❑ ❑ ❑ X Response: Not applicable. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: 57. Fire protection? ❑ ❑ ❑ X Response: Not applicable. 58. Police protection? ❑ ❑ X ❑ Response: The proposed regulations create standards that must be met. Violations of the regulations are infractions and may require code enforcement and /or police personnel to issue citations of violations. 59. Schools? ❑ ❑ X ❑ Response: The proposed regulations will apply to all institutional uses and therefore may have minor impacts to the 0 00GG` ) School District when developing new sites that require major light systems. 60. Maintenance of public facilities, including roads and parks? ❑ 0 X ❑ Response: The proposed regulations will affect City owned assets such as parks and play fields and civic center when retrofitting lighting systems or installing new systems. 61. Other governmental services? ❑ ❑ X ❑ Response: Other agencies may be affected by the compliance provisions of the regulations when providing rehabilitation or reconstruction of lighting systems. XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: 62. Power or natural gas? ❑ 0 X ❑ Response: The proposed project would help to reduce demands on existing energy systems. Design criteria seek to encourage conservation of energy resources and to limit the demand while still providing lighting systems that address security and safety. 63. Communications systems? 0 0 ❑ X Response: Not applicable. 64. Local or regional water treatment or distribution facilities? ❑ ❑ ❑ X Response: Not applicable. 65. Sewer or septic tanks? ❑ ❑ ❑ X Response: Not applicable 66. Storm water drainage? ❑ ❑ ❑ X Response: Not applicable. 67. Solid waste disposal? ❑ ❑ ❑ X Response: Not applicable 68. Local or regional water supplies? ❑ ❑ ❑ X Response: Not applicable. 000G1-03 XIII. AESTHETICS. Would the proposal: 69. Affect a scenic vista or scenic highway? ❑ ❑ ❑ X Response: The lighting fixtures, and specific fixture design guidelines within the regulations seek to foster development that should not significantly interfere with view sheds. Use of accent lighting as contained within the regulations may add a dimension to project aesthetics not previously incorporated to projects. 70. Result in the loss, covering, geologic or physical features? Response: Not applicable. or modification of any unique I ❑ X 71. Result in hillside grading that is inconsistent with the purpose and intent of the City's Hillside Management regulations contained in Chapter 17.38 of the Zoning Code? ❑ ❑ ❑ X Response: Not applicable. 72. Create an aesthetically offensive site open to public view? ❑ ❑ X ❑ Response: Architectural design of projects must now include attention to lighting as a formal portion of the project review of all required agencies, and the conditions of approval will insure that the site is not offensive and has a design which is compatible with the requirements of the Zoning Ordinance complements the surrounding land uses. 73. Result in the loss of a distinctive tree or stand of mature trees? ❑ ❑ Response: Not applicabld historic or landmark ❑ X 74. Create light or glare? ❑ ❑ X ❑ Response: Development of a vacant sites always leads to an increase in lighting on a site. The proposed regulations will introduce a lighting level design criteria for development compatible with adjacent land uses. Formal design standards will minimize the lighting impact on adjacent properties. XIV. CULTURAL RESOURCES. Would the proposal: 75. Disturb paleontological resources? ❑, ❑ ❑ X Response: There are no known paleontological, archaeological or historical sites identified within the vicinity of the project site, and there are no existing historical structures. 76. Disturb archaeological resources? ❑ ❑ ❑ X Response: Not applicable 77. Affect historical resources? ❑ ❑ ❑ X Response: Not applicable. 78. Have the potential to cause a physical or aesthetic change which would affect unique ethnic cultural values? ❑ ❑ ❑ X Response: Lighting regulations will have positive effects on aesthetics but will have no effect upon cultural resources. 79. Restrict existing religious potential impact area? 0 Response: Not applicable. or sacred uses within the XV. RECREATION. Would the proposal: 0 80. Increase the demand for neighborhood or other recreational facilities? ❑ ❑ Response: Not applicable. ❑ X regional parks or ❑ X 81. Affect existing recreational opportunities? ❑ ❑ X ❑ Response: The proposed regulations will require that agencies adhere to the new standards for lighting systems when revitalizing sites, or during required maintenance inspections. XVI. MANDATORY FINDINGS OF SIGNIFICANCE. 82. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 0' ❑ ❑ X 83. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? ❑ ❑ ❑ X 84. Does the project have impacts that are individually limited, but cumulatively considerable? (Cumulatively considerable? Means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) ❑ ❑ ❑ X 85. Does the project have environmental cause substantial adverse effects on directly or indirectly? ❑ ❑ XVIII. REFERENCE LIST: effects which will human beings, either ❑ X The references used in responding to this questionnaire include the following: Standard References 1. EIR for Moorpark Land Use and Circulation Element Update and Sphere of Influence Expansion Study (1992). 2. General Plan of the City of Moorpark. 3. Moorpark Municipal Code, including Title 17, Zoning. 0006,714 rrEM 8. A. CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Planning Commission FROM: Wayne Loftus, Acting Director of Community Development ,4';�!o Prepared by: John Libiez, Principal Planner. DATE: July 20, 1999 (Meeting of July 26,1999) SUBJECT: CONSIDER AN AMENDMENT TO THE CITY OF MOORPARK ZONING CODE TO ADD CHAPTER 17.30 "LIGHTING REGULATIONS" TO SAID CODE TO PRESCRIBE LIGHTING DESIGN STANDARDS, PLANS AND REGULATIONS BACKGROUND: The Planning Commission initiated consideration of lighting regulations at their June 14, 1999, meeting, following City Council adoption of Resolution No. 99 -1605 directing Planning Commission action. Staff presented a draft of the potential amendment to be included in the Zoning Code as Chapter 17.30 at the June 14, 1999, meeting in order to stimulate and focus discussion. DISCUSSION• At their meetings of June 14 and June 28, 1999, Commissioners reviewed the draft regulations and provided suggestions to Staff for revisions to the draft code chapter. Changes have been made to the proposed chapter to address questions and comments from the Commission during its deliberation. The revised chapter is attached with underlined text representing added language to clarify proposed criteria or regulations. The shaded text represents deleted language. The proposed changes include: • Prohibiting spillover for any accent or special purpose lighting. • Clarifying provisions under prohibited lighting. • Making lighting plans mandatory for all projects, commercial, industrial and residential planned developments. • Adding emphasis to the provisions requiring plans that apply the regulations to prior approved projects to the extent feasible consistent with the nonconforming provisions of the chapter. 000()" M:\ JLibiez\ M\ CodeAmnd \stfrprt72699PClighting.doc 06.0 Planning Commission Staff Report Zone Code Amendment - Lighting July 26, 1999 Page 2 ■ Establishing the goal of 75% for lighting reduction of the systems output after 10 P.M. and /or a reduction of 50% of the energy load, or both with an automatic shutoff capability for all lighting systems after 10 P.M. except for twenty -four hour businesses. • Expanding the exemption provisions to include medical facilities or special care facilities. • Provide a new section specifically addressing safety or security lighting in residential neighborhoods. ■ Add clarifying language on responsibilities for compliance. ■ Clarify the non - conforming section with regard to replacement, rehabilitation or repair of non - conforming lighting. ■ Adding language to address single family lighting found to be a nuisance due to non - compliance. As currently revised, the draft chapter addresses and responds to issues previously discussed by the Planning Commission and Staff. Commissioners should review the revised chapter to determine if there are any additional corrections, additions or deletions to be made before forwarding a recommendation to the City Council. Should it be the Commission's direction, a resolution and final draft chapter could be prepared for adoption at the August 9th meeting. The public hearing on this item is still open, therefore, it is appropriate for the Commission to seek additional testimony or comment from the public before directing staff to proceed with finalization of the text and the resolution. STAFF RECOMMENDATION: 1. Continue the lighting discussion under the open public hearing; 2. Close hearing; 3. Direct staff to make final revisions to the proposed lighting chapter and return the revised chapter and a resolution recommending approval to the City Council of the regulations for adoption by the Planning Commission at the August 9, 1999, meeting. Attachment: A. Revised Draft Chapter 17.30 "Lighting Regulations" OOOG,3 CHAPTER 17.30 LIGHTING REGULATIONS Sections: 17.30.010 17.30.020 17.30.030 17.30.040 17.30.050 17.30.060 17.30.070 17.30.080 17.30.090 17.30.100 17.30.110 Purpose and Intent Definitions Applicability General requirements Prohibited lighting Plans Required Design Standards Certification /Testing Exemptions Enforcement Non - conforming systems 17.30.010 Purpose and Intent The purpose and intent of this Chapter is to provide regulation of lighting within development projects in all zones within the City of Moorpark. The City recognizes that lighting has both a practical and aesthetic value and is an integral portion of any development. The City also recognizes that improperly installed lighting, illegal lighting, or improperly maintained lighting, creates impacts upon astronomical resources within the community and creates conflicts and nuisance impacts upon abutting properties and is wasteful of energy resources by causing energy to be expended without producing additional useful light. 17.30.020 Definitions Words and terms as used in this Chapter shall have the meanings set forth in this section. Words or terms not defined herein shall have the generally accepted meaning as defined elsewhere within this Title. a. Abatement. The method of reducing the degree or intensity of pollution, nuisance or violation. b. Adverse Impact. The result of a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions. C. Candlepower. Total light output expressed in candelas. d. Design Standards. Guidelines defining parameters to be followed in site, building, landscape and lighting design. e. Drop down lens. A light directing diffuser or lens which is shaped so that it lays or falls below the horizontal plane of the bottom of the fixture, thus resulting in direct viewing of the lens from above the horizontal plane. f. Glare. The effect produced by lighting sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. For the purposes of this chapter, glare occurs when the luminaire (or associated lens ) of a light fixture is directly viewable from a location off the property that it serves. g. Human scale. The proportional relationship of a particular building, structure, or streetscape element to human form and function. h. Luminaire or luminary. The light producing element of a light fixture. Examples are ATTACHMENT A. 00001,9411 bulbs and tubes. Direct viewing of luminaries of greater than 1000 lumens per fixture is undesirable. A diffusing lens between the bulb and the viewer is not considered an obstruction to the direct view of the luminaire and for the purpose of this chapter is considered a secondary luminaire. j. Nuisance. An interference with the enjoyment and use of property. k. Nuisance element. An environmental pollutant, such as smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare, light or heat. 1. Spillover. In practical terms, a close relative of glare. Spillover occurs when the illumination intensity outside the property boundaries exceeds 1 foot - candle. 17.30.030 Applicability The standards, guidelines and procedures contained within this Chapter shall apply to all residential, commercial, industrial, and institutional zoned lands and projects within the City of Moorpark. Referenced standards and criteria shall apply to all specific plan areas. These standards augment lighting standards and regulations contained within any adopted specific plan, and provide standards and criteria whenever a specific plan does not contain lighting standards. Where the standards of this Chapter and any previously adopted standard conflict, the more restrictive standard shall apply. M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc 17.30.040 General a. Lighting development shall to those levels provide safety ar. the site. Requirements within any be restricted necessary to d security to b. Use of low intensity lighting for aesthetic purposes in order to enhance or accent building features, public art, or landscape architectural features of a project is encouraged. Such lighting shall may not spill over onto, or extend beyond the project property line to adjoining uses or public streets. C. All lighting systems provided within a project shall meet adopted uniform codes and standards of the City. d. All lighting system components shall be kept in good repair and service. Periodic cleaning, painting and servicing of supports, globes, fixtures and foundations is required. Poor maintenance shall be considered a nuisance condition. e. All lighting fixtures or elements shall be decorative and /or compatible with the architectural style of the buildings within and or adjacent to the project location. 17.30.050 Prohibited lighting The following types of lighting shall be prohibited within the City of Moorpark. a. Any outdoor lighting device erected, installed, modified or reconstructed without proper plans and permit approvals. Page 2 00001-5 b. Flashing, alternating or blinking lights, other than traffic or hazard liahts. C. Low pressure sodium lights d. High intensity mercury vapor security lights (with fixture not properly implemented to shield direct viewing of the luminaire or the light shaping lens /diffuser from off the property) in other than rural residential or agricultural areas. e. Any luminaire that is viewed directly with no intervening lens or shielding element, other than bare bulbs or tube lighting, other than approved neon lighting. f. Drop down lighting lens or fixtures. 17.30.060 Plans Required All . commercial, industrial institutional, and multiple family residential projects approved through the Planned Development process after the effective date of this Chapter shall have the lighting system and its components, to be incorporated within that project, approved by the City's lighting engineer prior to issuance of building permits for that project. Projects approved prior to the effective date of this Chapter shall comply with the provisions of this Chapter to the extent feasible, consistent with Section 17.30.110 Each preliminary Planned Development plan application and /or each building permit application issued for Planned Development applications M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc approved after the effective date of this Chapter shall incorporate electrical plans and structural plans which detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use areas, public art displays, fountains, or landscape areas. Lighting plans shall be prepared, signed and certified by a civil or electrical engineer licensed and /or registered within the State of California to prepare and certify lighting system designs /plans. Lighting plans shall, as a minimum, include and exhibit the following: a. Style, size, height and location of any poles used to support lighting fixtures or electroliers. b. Size, height and location of any foundation systems upon which light poles may be erected. C. Style, type, location and quantity of fixtures and or electroliers, whether pole mounted, bollard mounted or building mounted. d. Number and wattage of luminaries /bulbs /electroliers. e. Shields, cut -off mechanisms, or diffusers used with each fixture. f. Construction structural and mounting details for all installations. Page 3 00007 G g. All exterior lighting plans shall be photo- metric consisting of a point by point foot - candle layout based upon a 10 foot grid center and extended to twenty feet beyond the property line. h. Plans shall be prepared to scale, and shall be accompanied by dimensioned detail sheets, materials catalogues, and specifications to aid in the identification and evaluation of proposed lighting system components. e. The City's lighting engineer shall evaluate and approve all lighting system plans and components. Cost of the City's lighting engineer services shall be the responsibility of the development permit applicant and shall be subject to the full cost recovery provisions of the deposit fee system of the City. 17.30.070 Design Guidelines a. General guidelines 1. All lighting shall be stationary and directed away from all adjacent properties and streets /rights -of -ways. 2. Lighting systems shall be energy efficient. 3. Lights shall be shielded or recessed to direct glare and reflections within the boundaries of the property. 4. Lighting shall be consistent among fixtures used throughout the project so that single fixtures or small groups of fixtures shall not be of unusually high intensity or brightness such that hot spots are created. M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc 5. All lighting fixtures shall be appropriate in scale, intensity and height to the use to be served. 6. All walkway lighting, public space lighting, patio area lighting shall be kept to human scale. Bollard style lighting is preferred. 7. Security lighting shall be provided at all entrances and exits to buildings. 8. All lighting fixtures shall incorporate full cut- off features such that the luminaire is not visible and the direct light emissions do not extend beyond the property line or into adjacent public right -of -way. 9. Concrete pedestals, bases or foundations intended for the mounting of poles shall be restricted in height and bulk to that necessary to provide adequate, safe anchorage for poles and fixtures, but shall in no case exceed the heights specified in section 17.30.070d. All concrete pedestals shall be painted or stucco coated to be compatible with the project architectural elevations, or to blend with the landscape areas in which they are constructed. 10. Unshielded pack lighting fixtures and area wide flood lighting are prohibited. b. Lighting Pole Height. 1.Residential. 14 feet 2.Commercial. 20 feet 3.Industrial. 25 feet 4.Institutional. 20 feet Page 4d®®©r _7 c. Lighting Values. 1.Exterior parking areas: 7 foot - candles maximum; 1 foot candle minimum. 2.Interior parking areas: 10 foot - candles minimum. 3. Blue metal halide and high pressure sodium electroliers: 400 watt maximum. 4. Fluorescent lighting units: 100 watts fixture. Such unit shielded so that lenses are not outside the illuminated area. per light s shall be tubes or viewable intended d. Pedestals. Pedestals used to provide ground mounting foundations for lighting poles and fixtures shall not exceed six inches (6 ") in height when placed adjacent to sidewalks, within planters, or within parking lots. Light fixtures when placed in a hardscape area shall be mounted flush with the surrounding paving or hardscape. e. Pole and pedestal clearances. 1. Curb face: 3 feet 2. Handicap parking space or ramp: 5 feet 3. Parking space: side - 2 feet; head - 3 feet 4. Trash enclosure: 3 feet from any vehicle approach 5. Drive aisles: 3 feet 6. Edge of sidewalk: 2 feet f. Minimum Fixture vertical clearance. M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc 1. Over driveways /aisles: 14 feet 2. Over walkways: 8 feet g. Shielding /shrouds. All lighting fixtures shall be designed and installed such that no light will be emitted above the horizontal plane. Integral cut -off devices or shields and /or the addition of external shrouds of compatible architectural design to the buildings shall be used to limit stray light. h. Automatic shutoff. All lighting systems shall be designed to include an automatic shutoff control with manual override capability such that only a minimum number of fixtures remain on after the closing time of the facility which they serve. It is the intent of this sub - section that significant reductions in night time light glow occur. Reductions shall therefore not be less than 50% 75% of the designed lighting output, and /or 50% of the energy load of the system, or both after the hour of 10 P.M., except for approved entertainment venues and twenty - four hour businesses, or unless otherwise approved by the Director of Community Development, upon recommendation of the City's Lighting engineer. 17.30.080 Certification /Testing Each lighting plan shall be certified to meet the standards of this Chapter and Title, as well as those structural and electrical codes adopted by the City which may apply. The applicant's engineer shall prepare and certify that the Page 5 0000178 plan has been prepared according to the information contained in this Chapter and any design materials furnished by the City's lighting engineer. The City's lighting engineer shall review and approve the plans and certify to their compliance with approved standards and criteria. The City's lighting engineer shall sign all building and zoning clearances necessary to issue building permits for the implementation of the lighting system plans. Prior to issuance of a final Certificate of Occupancy the City lighting engineer shall cause to be performed a photometric field inspection of the approved lighting system for all development projects. The inspection shall verify the proper construction and installation of materials within the approved plan, determine the actual light patterns and values through light meter testing and observation, and determine the extent of any errant lighting. Deviations and or violations shall be corrected prior to the final clearance for the project. 17.30.090 Exemptions The criteria of this Chapter shall not apply to any of the following: a. One incandescent bulb of 100 watts or less used in low density residential or rural lighting areas, provided such fixture is shielded so as not to emit light above the horizontal plane or beyond the property line. b. Athletic field lights within a public park, recreation or M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc school campus established pursuant to special plans meeting recognized standards for such facilities constructed in accordance with a photometric plan approved for these facilities. Non - horizontal fixtures are discouraged. c. Navigation beacons, aircraft warning lighting upon towers or similar structures, hazard markers, railroad signals and crossing warning devices. d. Security lighting for prison, or jail facilities, medical facilities or special care facilities. e. Traffic control devices. f. Seasonal lighting displays used in conjunction with religious celebrations such as Christmas or Hanukkah residential lights, so long as the glare is not sufficient to pose safety hazards to pedestrians and motorists, or cause sufficient attraction to result in creation of a nuisance or hazard to vehicular traffic. g. Temporary sale or special event lighting as permitted through the issuance of appropriate permits by the City. h. Repair or replacement of individual lighting fixtures existing prior to the effective date of this Chapter, provided that the fixture and /or the luminaire repaired or replaced does not exceed the intensity of the original lighting fixture. Page 6 00001-9 i. Safety or security li htin within single family residential neighborhoods recommended by Police or special security inspections as part of a Neighborhood Watch program provided such lighting shall not create a nuisance to abutting properties as a result of spillover. To the extent that the prescribed lighting is not diminished in effectiveness, all such lighting shall incorporate motion detectors, photocells or similar devices to activate the special light fixtures, but shall be provided with a manual switching device to override the fixture when necessary. 17.30.100 Enforcement. It shall be unlawful for any person, firm, business, corporation or entity to install, replace, reconstruct or intensify any lighting system, for which a permit is required, upon any commercial, industrial, institutional or multiple familv residential property within the City of Moorpark not in compliance with the provisions of this Chapter. Violations of the provisions of this Chapter shall be subject to prosecution as infractions. Violations which create unwanted and potentially unsafe or unhealthy conditions upon any property, public or private, shall be considered a public nuisance and shall be subject to public nuisance abatement procedures. It shall be the responsibility of each occupant, property M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc owner, Home Owners' Association, Tenant Association, or Property Management Association having Jurisdiction over such property to ensure compliance with the intent and provisions of this Chapter to the greatest extent feasible. Covenants and Conditions for any Property Association shall contain provisions for the design—, review, approval and continued maintenance of lighting systems within the boundaries of such association. 17.3O.110.Non- conforming systems. Lighting systems, for which valid permits have been issued, existing upon properties within any zone prior to the effective date of this chapter shall be considered legally non- conforming. As such, normal repair, and maintenance, and replacement with like fixtures of these lighting systems shall be permitted, unless otherwise provided for within this Chapter Replacement, repair or rehabilitation of 25% or more of the fixtures within an existing non - conforming lighting system within an industrial, institutional, commercial or multiple family residential project, as determined by the Director of Community Development, shall require that the entire system be brought into conformity with the provisions of this chapter. Lighting fixtures within single family developments found to create a nuisance to abutting residences or upon the public right -of -way, shall be corrected in such a manner as to remove the nuisance. Page 7 000080 Additions to existing non- conforming lighting systems shall not be permitted except for those which shall render the result in a lighting system for the property which is more conforming, with these provisions or which or reduce the level of non - conformity. Whenever a project site shall be is the subject of a Major Modification to the approved development application plan as defined by this code, the Major Modification application plans shall incorporate a revised lighting system plan in order to bring the property into conformance with this chapter. M: \JLibiez \M \CodeAmnd \CHAPTER 17.30 #2.doc Page 8 S a. A. M00XX-K CITY OF MOORPARK Planning Commission Meeting PLANNING COMMISSION Of AGENDA REPORT APTa u. 14., -, �_.. . T0: Planning Commission Ely � ' — FROM: Wayne Loftus, Acting Director of Community Developmentl�,Ioe Prepared by: John Libiez, Principal Planner DATE: June 24, 1999 (Meeting of June 28,1999) SUBJECT: CONSIDER AN AMENDMENT TO THE CITY OF MOORPARK ZONING CODE TO ADD CHAPTER 17.30 "LIGHTING REGULATIONS" TO SAID CODE TO PRESCRIBE LIGHTING DESIGN STANDARDS, PLANS AND REGULATIONS BACKGROUND: Planning Commission initiated consideration of lighting regulations at the June 14, 1999, meeting. City Council directed consideration through Resolution No. 99 -1605. Staff presented a draft of the potential amendment to be included in the Zoning Code as Chapter 17.30 at the June 14 meeting in order to stimulate and focus discussion. DISCUSSION: Commissioners reviewed the draft regulations and raised questions and made suggestions to Staff for revisions to the draft code chapter. The Planning Commission offered several suggestions, some technical in nature, for improvement to the proposed standards. Commissioner Otto, who has particular expertise in lighting because of his profession, offered many focused suggestions. Changes have been made to the proposed chapter to address questions and comments from the Commission during its deliberation. The revised chapter is attached. Underlined text represents new text added to clarify proposed criteria or regulations. Shaded text represents deleted text. These changes include: ■ Expansion of the purpose statement to better define efficiency. ■ Add definitions for drop down lens, luminaire and spillover. ■ Clarification of glare. M:\ JLibiez\ M\ CodeAmnd \stfrptlightingPC62899.doc 0 0 0 ® y Planning Commission Staff Report Zone Code Amendment - Lighting June 28, 1999 Page 2 ■ Clarify the prohibition related to mercury vapor lights. ■ Better address fluorescent lighting limitations. ■ Require an automatic shutoff capability for all lighting systems with a minimum standard of 50% reduction in lighting after 10 P.M. except for twenty -four hour businesses. ■ Inclusion of new sub - sections for exemptions related to seasonal lighting, special event lighting, and repair /replacements. ■ Provide a new section specifically addressing non- conforming lighting. ISSUES In its deliberations the Commission asked Staff to prepare responses to several questions which are noted below. Commission may wish to expand discussion and consideration of some of these questions before finalizing a recommendation to the City Council. Intensity vs. Color A major lighting concern in the community has been intensity. Lighting intensity and color /spectrum effects are frequently competing issues, particularly where it may affect security. However, a well thought out plan can include a variety of lighting fixtures or types of lights that can provide mitigation for this concern resulting in relatively true color without the irritation of the light intensity. Lighting Plans as part of Commission Project Review Although the submittal of lighting plans for Planning Commission review can be incorporated as part of a project application, it may be more appropriate to provide technical data to the consultant and provide a conceptual plan, which addresses the types and styles of lighting and compatibility issues for Planning Commission review. Review of a conceptual plan would be in keeping with the methodology currently used for landscape plan review. Final plans would then fall to the City's lighting consultant for review and approval in accordance with conditions of approval and code standards. 0 ®OGv3 Planning Commission Staff Report Zone Code Amendment - Lighting June 28, 1999 Page 3 Areas of Non - compliance This question considers non - conformity. The current code includes regulations related to non - conforming uses. Essentially, the code provides that uses that become non- conforming solely due to changes of regulations need not come into full compliance with the new regulation. The proposed regulations, based upon the June 14 discussion, have been revised to include a specific section addressing lighting installations that may become non - conforming based upon adoption of new criteria. The current proposal includes a section that ties conformance with new criteria to a performance standard of 25% replacement of original fixtures or the filing of a Major Modification application on the same property as triggers to require rehabilitation /reconfiguration of the previously approved lighting system. Impacts to Residential Households The single largest use designation within the community and the single greatest source of overall light impact, from a dark sky perspective, is residential land use. Most residential projects /neighborhoods are exempt from lighting regulations yet contain sources of light such as security lights, landscape lighting, building lights, patio and pool lights which produce light glow /glare from unregulated fixtures /lamps. Only street lights within residential neighborhoods are generally controlled by design plans and construction. Some cities do regulate residential lighting through architectural reviews related solely to structure compatibility rather than light emission. Decorative Lighting The proposed code provisions have been amended to incorporate exemptions for holiday lighting and special event lighting. Project Threshold To Apply Standards When to apply the regulations is a fundamental policy issue. The question of exempting single family units while requiring multiple family projects to meet the criteria may not have a best answer. However, it is fair to note that the average single family home has the potential to produce more exterior light impacts than the average multifamily residence. The lighting issue is very similar to any other environmental consideration such as noise and /or air 0 00GS `I Planning Commission Staff Report Zone Code Amendment - Lighting June 28, 1999 Page 4 quality. All projects create a portion of the impact, and perhaps should participate in mitigation of the impact. Light control and management issues should be considered for inclusion as part of the design criteria for specific plans and /or RPDs. Subsequent alterations can be dealt with through the building permit process whenever new fixtures are requested, or when deviations from any standards applied to the project by condition occur. Reduction Of Lighting In Parking Lots After Hours It is possible to assess the minimum lighting value necessary for public safety and security through the photo- metric plan review process. The revised criteria contains language to reduce light output after 10 P.M. for all developments other than twenty -four hour businesses or entertainment facilities which may be open past that hour. A target of 50% reduction has been proposed. An automatic shut -off control with manual override is recommended to accomplish this goal. STAFF RECOMMNDATION: 1. Continue the lighting discussion under the open public hearing; 2. Close hearing; 3. Direct staff to make final revisions to the proposed lighting chapter and return the revised chapter and a resolution recommending adoption of regulations to the Planning Commission at the next regularly scheduled meeting. Attachment: A. Revised Draft Chapter 17.30 "Lighting Regulations" 0®0{%uJ CHAPTER 17.30 LIGHTING REGULATIONS Sections: 17.30.010 Purpose and Intent 17.30.020 Definitions 17.30.030 Applicability 17.30.040 General requirements 17.30.050 Prohibited lighting 17.30.060 Plans Required 17.30.070 Design Standards 17.30.080 Certification /Testing 17.30.090 Exemptions 17.30.100 Enforcement 17.30.110 Non - conforming systems 17.30.010 Purpose and Intent The purpose and intent of this Chapter is to provide regulation of lighting within development projects in all zones within the City of Moorpark. The City recognizes that lighting has both a practical and aesthetic value and is an integral portion of any development. The City also recognizes that improperly installed lighting, illegal lighting, or improperly maintained lighting, creates impacts upon astronomical resources within the community and creates conflicts and nuisance impacts upon abutting properties and is wasteful of energy resources by causing energy to be expended without Droducina additional useful light. 17.30.020 Definitions Words and terms as used in this Chapter shall have the meanings set forth in this section. Words or terms not defined herein shall have the generally accepted meaning as defined elsewhere within this Title. a. Abatement. The method of reducing the degree or intensity of pollution, nuisance or violation. b. Adverse Impact. A The result of a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions. C. Candlepower. Total light output Light intensity expressed in candelas. d. Design Standards. Guidelines defining parameters to be followed in site, building, landscape and lighting design. e. Drop down lens. A light directing diffuser or lens which is shaped so that it lays or falls below the horizontal plane of the bottom of the fixture, thus resulting in direct viewing of the lens from above the horizontal plane. f. Glare. The effect produced by lighting sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. For the purposes of this chapter, glare occurs when the luminaire (or associated lens) of a light fixture is directly viewable from a location off the property that it SPrvPS_ g. Human scale. The proportional relationship of a particular building, structure, or streetscape element to human form and function. h. Luminaire or luminary. The light producing element of a ATTACHMENT A. 0 00G�G light fixture. Examples are bulbs and tubes. Direct viewing of luminaries of greater than 1000 lumens per fixture is undesirable. A diffusing lens between the bulb and the viewer is not considered an obstruction to the direct view of the luminaire and for the purpose of this chapter is considered a secondary luminaire. j. Nuisance. An interference with the enjoyment and use of property. k. Nuisance element. An environmental pollutant, such as smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare, light or heat. 1. Spillover. In practical terms, a close relative of glare. Spillover occurs when the illumination intensity outside the property boundaries exceeds 1 foot - candle. 17.30.030 Applicability The standards, guidelines and procedures contained within this Chapter shall apply to all residential, commercial, industrial, and institutional zoned lands and projects within the City of Moorpark. Referenced standards and criteria shall apply to all specific plan areas. These standards augment lighting standards and regulations contained within any adopted specific plan, and provide standards and criteria whenever a specific plan does not contain lighting standards. Where the standards of this Chapter and any previously adopted standard conflict, the more restrictive standard shall apply. M:\ JLibiez\ M\ CodeAmnd \Chapter17.30Lighting.doc 17.30.040 General Requirements a. Lighting values within any development shall be restricted to those minimum levels of intensity necessary to provide safety and security to the occupants and visitors to the site. b. Use of low intensity lighting for aesthetic purposes in order to enhance or accent building features, public art, or landscape architectural features of a project is encouraged. Such lighting may not spill over onto, or trespass upon, adjoining uses or public streets. C. All lighting systems provided within a project shall meet adopted uniform codes and standards of the City. d. All lighting system components shall be kept in good repair and service. Periodic cleaning, painting and servicing of supports, globes, fixtures and foundations is required. Poor maintenance shall be considered a nuisance condition. e. All lighting fixtures or elements shall be decorative and /or compatible with the architectural style of the buildings within and or adjacent to the project location. 17.30.050 Prohibited lighting The following shall be prohibited within the City of Moorpark. a. Any outdoor lighting device erected, installed, modified or reconstructed without proper plans and permit approvals. Page 2 000© b. Flashing, alternating or blinking lights. C. Low pressure sodium lights d. High intensity mercury vapor security lights (with fixture not properly implemented to shield direct viewing of the luminaire or the light shaping lens /diffuser from off the property) in other than rural residential or agricultural areas. e. Any light bulb exceeding a color temperature of 3500 degrees Kelvin. e. f. Any luminaire that is viewed directly with no intervening lens or shielding element, other than bare bulbs or bare tube lighting, other than approved neon lighting. f. g. Drop down lighting lens or fixtures. 17.30.060 Plans Required All commercial, industrial institutional, and multiple family residential development projects shall have the lighting system and its components, to be incorporated within that project, approved by the City's lighting engineer prior to issuance of building permits for that project. Each preliminary development plan application and each building permit application shall incorporate electrical plans and structural plans which detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use areas, public art displays, fountains, or landscape areas.. M:\ JLibiez\ M\ CodeAmnd \Chapter17.30Lighting.doc Lighting plans shall be prepared, signed and certified by a civil or electrical engineer licensed and /or registered within the State of California to prepare and certify lighting system designs /plans. Lighting plans shall, as a minimum, include and exhibit the following: a. Style, size, height and location of any poles used to support lighting fixtures or electroliers. b. Size, height and location of any foundation systems upon which light poles may be erected. C. Style, type, location and quantity of fixtures and or electroliers, whether pole mounted, bollard mounted or building mounted. d. Number and wattage of luminaries /bulbs /electroliers. e. Shields, cut -off mechanisms, or diffusers used with each fixture. f. Construction structural and mounting details for all installations. g. All exterior lighting plans shall be photo- metric consisting of a point by point foot - candle layout based upon a 10 foot grid center and extended to twenty feet beyond the property line. h. Plans shall be prepared to scale, and shall be accompanied by dimensioned detail sheets, materials catalogues, and Page 3 00004--is specifications to aid in the identification and evaluation of proposed lighting system components. e. The City's lighting engineer shall evaluate and approve all lighting system plans and components. Cost of the City's lighting engineer services shall be the responsibility of the development permit applicant and shall be subject to the full cost recovery deposit fee system of the City. 17.30.070 Design Guidelines a. General guidelines 1. All lighting shall be stationary and directed away from all adjacent properties and streets /rights -of -ways. 2. Lighting systems shall be energy efficient. 3. Lights shall be shielded or recessed to direct glare and reflections within the boundaries of the property. 4. Lighting shall be consistent among fixtures used throughout the project so that single fixtures or small groups of fixtures shall not be of unusually high intensity or brightness such that hot spots are created. 5. All lighting fixtures shall be appropriate in scale, intensity and height to the use to be served. 6. All walkway lighting, public space lighting, patio area lighting shall be kept to human scale. Bollard style lighting is preferred. M:\ JLibiez\ M\ CodeAmnd \Chapter17.30Lighting.doc 7. Security lighting shall be provided at all entrances and exits to buildings. 8. All lighting fixtures shall incorporate full cut- off features such that the luminaire is not visible and the light emissions do not extend beyond the property line or into adjacent public right of way. 9. Concrete pedestals, bases or foundations intended for the mounting of poles shall be restricted in height and bulk to that necessary to provide adequate, safe anchorage for poles and fixtures, but shall in no case exceed the heights specified in section 17.30.070d. All concrete pedestals shall be painted or stucco coated to be compatible with the project architectural elevations, or to blend with the landscape areas in which they are constructed. 10. Unshielded pack lighting fixtures and area wide flood lighting is are prohibited. b. Lighting Pole Height. 1.Residential. 14 feet 2.Commercial. 20 feet 3.Industrial. 25 feet 4.Institutional. 20 feet c. Lighting Values. 1.Exterior parking areas: 7 foot - candles maximum; 1 foot candle minimum. 2.Interior parking areas: 10 foot - candles minimum. Page 4 0006 4IS 9 3. Blue metal halide and high pressure sodium electroliers: 400 watt maximum. 4. Fluorescent lighting units: 40 fixture. disperse shielded 100 watts per light Such units shall light indirectly be so that tubes or lenses are not viewable outside the intended illuminated area. d. Pedestals. Pedestals used to provide ground mounting foundations for lighting poles and fixtures shall not exceed one (1)foot six inches (6 ") in height when placed adjacent to sidewalks, within planters, or within parking lots. Light fixtures when placed in a hardscape area shall be mounted flush with the surrounding pavina or hardscape. e. Pole and pedestal clearances. 1. Curb face: 3 feet 2. Handicap parking space or ramp: 5 feet 3. Parking space: side - 2 feet; head - 3 feet 4. Trash enclosure: 3 feet from any vehicle approach S. Drive aisles: 3 feet 6. Edge of sidewalk: 2 feet f. Minimum Fixture vertical clearance. 1. Over driveways /aisles: 14 feet 2. Over walkways: 8 feet g. Shielding /shrouds. All lighting fixtures shall - be M:\ JLibiez\ M\ CodeAmnd \Chapter17.30Lighting.doc designed and installed such that no light will be emitted above the horizontal plane. Integral cut -off devices or shields and /or the addition of external shrouds of compatible architectural design to the buildings shall be used to limit stray light. h. Automatic shutoff. All lighting systems shall be designed to include an automatic shutoff control with manual override capability such that only a minimum number of fixtures remain on after the closing time of the facility which they serve. It is the intent of this sub - section that significant reductions in night time light glow occur. Reductions shall therefore not be less than 50% of the designed lighting output after the hour of 10 P.M., except for approved entertainment venues and twenty - four hour businesses, or unless otherwise approved by the Director of Community Development. 17.30.080 Certification /Testing Each lighting plan shall be certified to meet the standards of this Chapter and Title, as well as those structural and electrical codes adopted by the City which may apply. The applicant's engineer shall prepare and certify that the plan has been prepared according to the information contained in this Chapter and any design materials furnished by the City's lighting engineer. The City's lighting engineer shall review and approve the plans and certify to their compliance with approved Page®® ©%C?() standards and criteria. The City's lighting engineer shall sign all building and zoning clearances necessary to issue building permits for the implementation of the lighting system plans. Prior to issuance of a final Certificate of Occupancy the City lighting engineer shall cause to be performed a photometric field inspection of the approved lighting system for all development projects. The inspection shall verify the proper construction and installation of materials within the approved plan, determine the actual light patterns and values through light meter testing and observation, and determine the extent of any errant lighting. Deviations and or violations shall be corrected prior to the final clearance for the project. 17.30.090 Exemptions The criteria of this Chapter shall not apply to any of the following: a. One incandescent bulb of 100 watts or less used in low density residential or rural lighting areas, provided such fixture is shielded so as not to emit light above the horizontal plane or beyond the property line. b. Athletic field lights within a public park, recreation or school campus established pursuant to special plans meeting recognized standards for such facilities constructed in accordance with a photometric plan approved for these facilities. Non- horizontal fixtures are discouraged.. M:\ JLibiez\ M\ CodeAmnd \Chapter17.30Lighting.doc c. Navigation beacons, aircraft warning lighting upon towers or similar structures, hazard markers, railroad signals and crossing warning devices. d. Security lighting for prison or jail facilities. e. Traffic control devices. f. Seasonal lighting displays used in conjunction with religious celebrations such as Christmas or Hanukkah residential lights, so long as the glare is not sufficient to pose safety hazards to pedestrians and motorists, or cause sufficient attraction to result in creation of a nuisance or hazard to vehicular traffic. g. Temporary sale or special event lighting as permitted through the issuance of appropriate permits by the City. h. Repair or replacement of individual lighting fixtures existing prior to the effective date of this Chapter, provided that the fixture and /or the luminaire repaired or replaced does not exceed the intensity of the original lighting fixture. 17.30.100 Enforcement. It shall be unlawful for any person, firm, business, corporation or entity to install, replace, reconstruct or intensify any lighting system upon any property within the City of Moorpark not in compliance with the provisions of this Chapter. Pab60o �� Violations of the provisions of this Chapter shall be subject to prosecution as infractions. Violations which create unwanted and potentials unsafe or unhealthy conditions upon any property, public or private, shall be considered a public nuisance and shall be subject to public nuisance abatement procedures. 17.30.110.Non- conforming systems. Lighting systems existing upon properties within any zone prior to the effective date of this chapter shall be considered legally non - conforming. As such, normal repair and maintenance of an approved liahtina system shall be permitted. Replacement, repair or rehabilitation of 25% or more of the fixtures within an existing non - conforming system, as determined by the Director of Community Development, shall require that the entire system be brought into conformity with the provisions of this chapter. Additions to existing non- conforming lighting systems shall not be permitted except for those which shall render the lighting system for the property conforming, or reduce the level of non - conformit Whenever a proiect site shall be the subject of a Major Modification development application as defined by this code, the Major Modification application plans shall incorporate a revised lighting system plan in order to bring M:\ JLibiez\ M\ CodeAmnd \Chapter17.30Lighting.doc the property into conformance with this chapter. PagX)VOGD ; CITY OF MOORPARK AGENDA REPORT ITEM S- M MOORPARK ftaft CALIFORNIA __7 of Own tG 4/c B TO: Planning Commission L FROM: Wayne Loftus, Acting Director of Community Developmen Prepared By: John Libiez, Principal Planned✓ J DATE: May 24, 1999 (For meeting June 14, 1999) � SUBJECT: CONSIDER AN AMENDMENT TO ADD CHAPTER 17.30 "LIGHTING REGULATIONS' TO THE ZONING CODE OF THE CITY OF MOORPARK TO PRESCRIBE LIGHTING DESIGN STANDARDS, PLANS REQUIREMENTS AND REGULATION. BACKGROUND: During the completion of the Rite -Aid project, numerous complaints were addressed to Council and staff related to the adverse lighting effects generated by the project upon public and private properties adjacent to the site. Evaluation of this site and similar sites defined a need for the consideration of city -wide development project lighting criteria. A report (Attachment A) was presented to the City Council at the March 17, 1999, meeting, and again on April 21, 1999, for their consideration. At the April 21St meeting, Council directed staff to prepare a resolution (Attachment B) directing the Planning Commission to study the issue, consider amendments to the Zoning Code and provide a recommendation for City Council consideration. DISCUSSION: The purpose of site lighting should be to provide safety and security to occupants, visitors, and facilities at that location. The quantity of luminaires, variety of fixtures and other elements, and the radiant value of the lighting system are all components needed to achieve that purpose. Security lights at some entrances, service areas, loading areas or storage areas may require greater brightness levels or different fixtures than parking lots, walkways, landscape, or architectural highlighting. The lighting component of any project can add M:\ JLibiez\ M\ CodeAmnd \stffreportLightingPC61499.doc O OUCJ 9 3 Planning Commission Staff Report Zone Code Amendment- Lighting June 14, 1999 Page 2 quality and aesthetic dimension to that project. The selection of lighting system components can add to the architectural theme of the project. The types of luminaires and fixtures and their wattage can produce special and interesting effects within a project, and has an economic impact in the short and long term for the user. More efficient lighting systems reduce costs for operating and reduce the demand for energy resources, while poorly designed systems allow light trespass beyond the property limits creating nuisance and irritation. Attachment C provides information on various types of lighting and the efficiency level of each. Properly designed lighting systems consider the fixture type, luminaire, and wattage necessary to produce light values established for different applications. Generally incorporated into the design of the fixtures are shields, cut -off mechanisms or lens characteristics that direct light along a horizontal plane and within a predetermined pattern, oval, circular, etc. Photo - metric plans compute the placement and coverage of the selected fixtures in the predetermined light pattern to a point of overlap, or to a minimum acceptable standard set by local codes. This proposed code amendment addresses these concerns and provides for photo- metric plans for all development proposals. Attachment D provides samples of lighting fixtures with a variety of characteristics which have been differentiated as good or bad by the International Dark -Sky Association in Tucson, Arizona. Light value in itself is not the only criteria to be considered when selecting luminaires /fixtures. Color rendition may be an issue in some applications. Sodium bulbs have a tendency to produce orange -brown tints to surrounding areas resulting in loss of color definition and loss of image clarity. Use of Metal Halide, halogen, mercury vapor and florescent lights result in a more true color definition within a project site, but generally produce higher levels of glare, hotspots or nuisance. Because of these factors, a lighting plan may include a combination of bulb types to provide the desired color rendition effects at critical or special locations within the project, while maintaining a more general, softer light level overall. Because of the highly technical nature of lighting today, the preparation of lighting plans and the review and approval of lighting plans should be administered by knowledgeable 00005d Planning Commission Staff Report Zone Code Amendment- Lighting June 14, 1999 Page 3 professionals with appropriate credentials. The City should consider utilizing appropriate consulting services including persons with specialties in photo- metric lighting plan review and analysis to plan check and approve proposed lighting plans. In order to insure that lighting systems are built according to approved plans, the City's lighting consultant should perform field evaluations of the lighting system(s), to include light meter testing, to insure adherence to the adopted codes and standards prior to issuance of a Certificate of Occupancy for the project. This approach would avoid situations where systems are built in violation of approved plans, or without plans, and avoid issues and complaints similar to those experienced with Rite -Aid. This proposed code amendment contains requirements for photo- metric plans and requires the City's lighting consultant to review, approve, and inspect lighting systems. In preparing the attached code amendment (Attachment E), staff contacted several cities to obtain copies of their lighting regulations. Staff also reviewed several areas containing lighting information on the Internet. The table contained in Attachment F shows how responding cities control or address lighting issues. Several factors appear in most lighting regulations or discussions. These include: 1)height of light poles, 2)bulb type, 3)on ground intensity levels, 4)shielding or cut -off devices, 5)coloration /contrast, 6)maximum bulb intensity, and, 7)prohibited lighting. Pole /fixture heights, bulb type, cut -off devices, bulb intensity all work in concert to place a desired level of lighting on the ground or within specific areas. In theory, as the height of the pole increases and the wattage of the bulb remains the same, the light is dispersed over a greater area, and the level of light intensity (lumens level)at the surface of a lot will usually be less. However, when this scenario occurs there is frequently visibility of the bulb element (hot spot) or spillage and intrusion onto other properties which usually results in complaints from property owners and the public. As pole height increases and bulb wattage is intensified the nuisance effects become greater unless special shields or cut -off devices are incorporated to force the light radiation downward and limit side spill. The draft code amendment seeks to provide reasonable standards that will allow adequate light values but reduce possibilities for nuisances. 00®G015 Planning Commission Staff Report Zone Code Amendment- Lighting June 14, 1999 Page 4 - STAFF RECObWENDATIONS: 1. Open the Public Hearing and accept public testimony; continue to a date certain. ATTACHMENTS: A. City Council Staff Report 4/21/99 B. City Council Resolution 99 -1605 C. Internet Exhibit, "Efficient Outdoor Lighting" D. Internet Exhibit, "Examples of Good and Bad Lighting Fixtures" E. Proposed Chapter 17.30 Zoning Code Amendment F. Table- Lighting Regulation Comparison for Several So. Cal. Cities CITY OF MOORPARK AGENDA REPORT TO: Honorable City Council FROM: Wayne Loftus, Acting Director of Community Development Prepared by: John Libiez, Principal Planner DATE: April 5, 1999(For 4/21/99 meeting) SUBJECT: CONSIDER LIGHTING STANDARDS FOR DEVELOPMENT PROJECTS BACKGROUND: At the meeting of February 3, 1999, City Council requested a report regarding lighting standards for development projects. Staff prepared a report for Council consideration at the March 17, 1999, meeting. Council continued this matter to their April 21, 1999, meeting. DISCUSSION: The staff report prepared for the March 17, 1999, meeting is attached for City Council consideration. Since the preparation of the last staff report, staff has distributed letters requesting information related to lighting standards. A copy of the letter and the transmittal list is attached for informational purposes. STAFF RECObt4ENDATION Direct Staff as Deemed Appropriate. ATTACHMENTS: 1. March 17, 1999, City Council Staff Report on Lighting. 2. Sample letter and mailing list. 0000:1 1 ATTACHMENT A CITY OF MOORPARK AGENDA REPORT TO: Honorable City Council FROM: Nelson Miller, Director of Community Prepared by: John Libiez, Principal DATE: March 4, 1999 (For 3/17/99 meeting) ITEM w Developmen y( Planner SUBJECT: CONSIDER LIGHTING STANDARDS FOR DEVELOPMENT PROJECTS BACKGROUND: At the meeting of February 3, 1999, City Council requested a report regarding lighting standards for development projects. DISCUSSION: Section 17.24.090 of the City Development Code contains miscellaneous regulations related to project development. Sub- section F (Attachment 1) specifically addresses Light Fixtures. Design criteria and limitations for use of outdoor lighting, as well as purposes for regulating lighting, are contained within this section. A comprehensive lighting plan is required to be submitted for evaluation and approval prior to construction of any lighting amenities. Content and standards for the code required lighting plans are included within conditions of approval for individual projects. (Attachment 2) The conditions specify the permissible light values at various locations on the project site and upon adjacent properties, height of fixtures, requirements for sharp cut -off qualities, limiting light direction below the horizontal plane, shielding, and limiting visibility of the light source from a street. The lighting plan is required to be prepared by a registered electrical engineer. The content of our code and the imposed conditions are typical of those used by other communities to limit light spillage and glare. The various forms of light, incandescent, florescent, halide, sodium or mercury vapor all have distinguishing characteristics such as brightness, color stability, stable ATTACHMENT: 1 000608 City Council Agenda Report On -site Lighting March 1 ", 199.9 Page 2 output and operational economy. City standards specify required lighting values which in turn limits some of the choices available to the design engineer. Some light forms are more suitable for specific purposes either individually or in combination. Similarly, there are a variety of fixtures available to serve building areas, parking lots or landscape and pedestrian areas. Fixtures may have integral shielding and cut- offs or add on shielding in order to properly direct or diffuse light values. The City code and condition criteria require the project engineer to develop a lighting plan so that the objectives to provide proper safety and security while minimizing off -site glare can be achieved. Some adjustment to the lighting system may be required after installation when actual tests and observations of the working system are made. One possible means to ensure that required lighting plans and installed project lighting satisfy all code and condition requirements placed upon the project by the City, is to consider use of an independent contract consultant to perform lighting plan check reviews and inspections. Contract lighting plan review could be managed similar to the City's landscape plan review process wherein the applicant submits the lighting design plan which is reviewed and commented on for corrections, or approved should all adopted city standards and guidelines be met, and field inspected for compliance by the consultant upon completion of the installation. This would entail separate submittal and fees for review and inspection of light standards. The Council may also wish to provide direction regarding design of light standards and bases. Shoebox style lighting fixtures have typically been used in projects with raised concrete bases, approximately thirty inches in height. These are used fairly commonly throughout the industry. On two recent commercial projects decorative lantern style fixtures were requested. These apparently would require custom fixtures to achieve cut -off shielding qualities. Another issue has been the request for lower concrete bases, not more than six inches in height, to be placed in the landscape areas. Council may wish to provide direction whether this is a desired standard and whether it should apply in all zones. STAFF RECCHHENDATION: Direct Staff as Deemed Appropriate. M:\ JLibiez \M \cclightingreport31799.doc 00003f) City Council Agenda Report On -site Lighting March 17,1999 Page 3 ATTACHMENTS: 1. Section 17,24.090 Moorpark Municipal Code 2. Typical lighting conditions for development projects M:\ JLibiez \M \cclightingreport31799.doc 0000 () 17.24.090 Speed Limit Sigbt Distance On Major Stred (mph) RequL-ed (ft.) 25 165 30 190 35 225 40 260 43 300 50 310 55 400 F. Light Fixtures. The following regulations apply to light fixtures over two (2) feet in height: 1. Maximum height is twenty -four (24) feet (twelve (12) feet if within one hundred (100) feet of residentially zoned property) unless a gleam height is approved by the director of community development or his designee. 2. Such fixtures shall not be placed in side setbacks. 3. Lights in excess of one hundred (100) wam shall m* result in direct illumination of adjacent properties. 4. A lighting plan shall be submitted for all approved eclitimm Win= governed by Chatm 17.44. The lighting plan shall achieve the following objectives: avoid intafar- eaoes with reasonable use of adjoining paper ties; minutiae on -site and off-so o gl arc; provide adequate on -sine li&xV limit electraollers height to avoid excessive illumination; and provide savctures which arc compatible with the total design of the proposed heility. 5. Fixetaes most provide sharp cut-0off which miaimiae light spillage at property lines. 6. Energy -eft lighting fixtures shall be provided which arc compatible with adjacent properties. 7. No direct light source (bulb) shell be visible from the road S. The a ddocttaai design of the pole(s) and lamps) shall complement the design of the building. 9. Eliminate upward light Village. (Ord. 189 13 (8106-8), 1994) 326 Chapter 17.28 STANDARDS FOR SPECMC USES Sections: 17.28.010 17.28.07A 17.28.030 17.28.040 17.28.050 17.28.060 17.28.070 17.28.090 17.28.090 17.28.100 17.21110 17.28.120 17.28.130 17.28.140 17.23.08 17.28.160 17.21170 17.28.1n 17.211!0 17.21200 17.28.210 17.28.220 17.28.2.30 17.212/0 17.28.2.30 Purpose. Standards relating to dwellings, Standards relating to animals. Auto, boat and trailer sales lots. Mobilebome parks, Oil and gas exploration and production. Produce stands. Recreational vehide parks. Rastaarants, bars and taverns. Mining and reclamation. Veterinary diaiei Morino picture and TV prodactioo, temporary. Outdoor sales and services, X17• Christmas tree sales. TmPot'ary building daring coast, uctioa. Sbwgp of building materials, taapoeary. Campgrounds. Ratsests. Gail aoorset. BuNdbW for the growing of 'T'ssnpesar7 pot vaccination dhdm Day con fadiitiss. CORTO7MIMICS fadlWas and uses. Caretaker eecreadmW vehicle, 119CS100117• 17.21010 Pttspose. The purpose of this dtspoer is to set fourth standards and regulations which apply to proposed uses as listed. (Ord. 189 ; 3 (8107 -0L 1994) 17.28.029 Standards relating to dwellings. A. Anaennes. Ground - Mounted. No antenna or mast shall exceed seventy -five (75) het in beigbL The crank -up variety of ham radio antennas should be used. All units we encouraged to be color - coordinated to harmonize with predominant snuconl background material. so as to reduce visual impacts. Where feasible, support structures shall AT( ACHMENT l/()Ol p y Lighting Plan 1 For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interferences with reasonable use of adjoining properties; minimize on -sits and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. The lighting plan shall include the following: a A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10 ) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b Maximum overall height of fixtures shall be twenty five (25) feet, unless otherwise approved by the Director of Community Development. c Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. d Energy efficient lighting devices shall be provided. e A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. f No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. h Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. i Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. ATTACHMENT: 2 0001 <To- List of Cities> RE: REQUEST FOR INFORMATION, ORDINANCES, DESIGN GUIDELINES, AND /OR STANDARDS RELATED TO LIGHTING OF DEVELOPMENT PROPERTIES OR PROJECTS Gentlemen: The City of Moorpark is considering amendments to existing development code and project condition standards affecting the lighting of residential, commercial and industrial properties within the community. We would appreciate your assistance. Please send us copies of your development /zoning code sections on lighting criteria, standards, testing requirements, submittal requirements, inspection criteria, design criteria for fixtures including base elements and poles, and type of lights permitted, with wattage criteria. Please forward your information to me at Should you have any questions concerning contact me at (805) 529 -6864, Ext. 236. Sincerely yours, John Libiez Principal Planner C: Steve Kueny, City Manager Wayne Loftus, Planning Manager File Chroni Attachment: List of Cities Contacted the indicated address. this request, please ATTACHMENT: 2 000103 List of Cities: Simi Valley Thousand Oaks Ventura Oxnard Camarillo Santa Barbara Pasadena Claremont Chino Hills Rancho Cucamonga 0001 V-4 RESOLUTION NO. 99 -1605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY kJF MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION TO STUDY, SET A PUBLIC HEARING AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO REVISIONS TO TITLE 17 OF THE ZONING CODE, TO DEVELOP REGULATIONS RELATED TO LIGHTING STANDARDS FOR DEVELOPMENT PROJECTS WHEREAS, Section 17.60.020 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation within reasonable time. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby authorize the initiation of proceedings to consider amendments to revise the Zoning Code for the purpose of considering adding regulations and standards relating to provision of lighting systems for development projects and establishing procedures for the review and approval of lighting systems within the City of Moorpark. SECTION 2. That the Planning Commission is hereby directed to study, set a public hearing, and provide a recommendation to the City Council pertaining to amendments to the City of Moorpark Zoning Code for the Purpose of considering adding regulations and standards relating to provision of lighting systems for development projects and establishing procedures for the review and approval of lighting systems within the City of Moorpark. ATTACHMENT 8 000105 Resolution No. 99 -1605 Page 2 SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 5t?f-Vay of May, 1999. atrick unter, Mayor ATTEST: Deborah S. TraffensEKdt, City Cler 0001 v0 Resolution No. °9 -1605 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) E-m I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 -1605 was adopted by the City Council of the City of Moorpark at a meeting held on the 5th day of May, 1999, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Mayor Hunter NOES: None . ABSENT: Councilmember Rodgers ABSTAIN: None Harper, Wozniak and WITNESS my hand and the official seal of said City this 13th day of May, 1999. Deborah S. Traffenst t, City Clerk �1 (seal) 0001x`7 Page 1 of 3 Efficient Outdoor Lighting Information Sheet 52, January 1999 40 Iateraadoaal Dark -Sky Associatba 3225 N. Fint Ave, Twwa, AZ 83719 U.S.A. F,mall: idaCeNarkski.oR WWW: Yttp://www.darksky.org This information sheet suggests some of the things that can be done. Most of the suggestions apply to indoor lighting as well, where they also offer significant savings. There are several clear cut measures that can be taken to improve energy savings. New, much improved light sources are now available which provide considerably more light per unit of energy. Most newer fixtures offer better light control, putting light where it is needed rather than wasting a great deal of the light produced by the lamp. Replacement of older fixtures and lamps with the newer, improved ones can greatly improve efficiency. Lamp efficiency is measured in lumens per watt. A lumen is a unit for measuring the amount of light; a watt is a unit for measuring the amount of electrical energy used The 1 �n that gives the most lumens per watt is the most efficient lama. The table below lists the lighting efficiency of some of the common lamps used for outdoor lighting: Incandescent: It is the most common type of lamp used in homes, indoors and outdoors. It is he most energy inefficient of the common lamp types, It produces light by electrical energy heating a filament of fine wire that glows white -hot when the current flows through it. It produces a great deal of heat relative to the amount of light: only 10 Rercent of the energy goes to producing light It has been called a heat source that happens to produce some light at the same time. The 40 watt bulb is often adequate for most outdoor lighting applications, such as a porch light, especially if it is used in a fixture that actually controls the light output rather than scattering it everywhere. Many existing fixtures are very inefficient and waste a good deal of the light (remember that the lamp is inefficient, too). Replace incandescent lamps with more energy efficient lamps in good fixtures. One can use compact fluorescent lamps in an efficient fixture, or for even more efficiency use a low wattage LPS lamp in a well - shielded fixture. Consider also time clocking any incandescent fixtures, as mentioned below. Mercury Vapor: It is commonly used for a number of outdoor applications, such as "security" lighting, as well as indoors for some applications. It has a relatively long life compared to most other lamps, especially compared to incandescent. These lamps are a quartz tube filled with mercury gas under pressure. Light is produced when an electric current passes through the mercury vapor. Like all such high intensity discharge (HID) lamps, a "ballast" is required to start and to operate the lamps at the correct voltage and current levels. For savings, one can and should use the lowest possible wattage for the application. Many of the existing fixtures have a great deal of associated glare due to http://www.darksky.org/ida/ida-2/info52.html ATTACHMENT C 000 i3 F7 Iiicandescent 8-25 1000-2000 �►� t�?'11) : � ft i� . 1 1'1 1'1'1'1 1.1'1 ft•71' 1 1'1'1 1'1'1 scent .1 ITI 1'1'1'1 �I'1'1 11 i Ji�M rg 1'1'1 :1'1'1 Incandescent: It is the most common type of lamp used in homes, indoors and outdoors. It is he most energy inefficient of the common lamp types, It produces light by electrical energy heating a filament of fine wire that glows white -hot when the current flows through it. It produces a great deal of heat relative to the amount of light: only 10 Rercent of the energy goes to producing light It has been called a heat source that happens to produce some light at the same time. The 40 watt bulb is often adequate for most outdoor lighting applications, such as a porch light, especially if it is used in a fixture that actually controls the light output rather than scattering it everywhere. Many existing fixtures are very inefficient and waste a good deal of the light (remember that the lamp is inefficient, too). Replace incandescent lamps with more energy efficient lamps in good fixtures. One can use compact fluorescent lamps in an efficient fixture, or for even more efficiency use a low wattage LPS lamp in a well - shielded fixture. Consider also time clocking any incandescent fixtures, as mentioned below. Mercury Vapor: It is commonly used for a number of outdoor applications, such as "security" lighting, as well as indoors for some applications. It has a relatively long life compared to most other lamps, especially compared to incandescent. These lamps are a quartz tube filled with mercury gas under pressure. Light is produced when an electric current passes through the mercury vapor. Like all such high intensity discharge (HID) lamps, a "ballast" is required to start and to operate the lamps at the correct voltage and current levels. For savings, one can and should use the lowest possible wattage for the application. Many of the existing fixtures have a great deal of associated glare due to http://www.darksky.org/ida/ida-2/info52.html ATTACHMENT C 000 i3 Page 2 of 3 lack of adequate light control. With a good fixture, less light is wasted and lower wattages can be used. In a glare -free lighting environment, remarkably low light levels still give excellent visibility. It is in the high glare areas, even with much higher levels of lighting, that we have difficulty seeing well at night. When replacements are indicated, one should replace not only the lamp but the entire fixture. Use a more efficient light source, such as MH, HPS, or LPS, and use a high quality fixture, one that directs the light output to the areas needed and one that is glare free. A cost analysis study will show remarkable energy saving potential. Metal Halide (MH): These lamps are used for both outdoor and indoor applications. Metal halide and fluorescent are now in a dead heat as the most energy efficient of the "white light" sources. Metal halide lamps produce light when an electric current flows through the gas within the lamp envelope. They are about twice as efficient as mercury lamps. Use this light source at night when it is necessary to render colors close to their da role =eat. As with all light sources, one should not use more wattage than is necessary for the application. "More light" is . not always better. In many applications, such overkill is counterproductive to visibility, especially if it is accompanied by glare. High Pressure Sodium (HPS): Its main usage is outdoors, for street lighting, parking lot lighting, and other such applications. It is generally more energy efficient than metal halide and is a good choice when true color is not critical. The light produced is an orange -gold color. It's very common in the U.S. Fluorescent: Like metal halide, fluorescent is about four times as efficient as incandescent lighting. Fluorescent is commonly used for indoor applications, but outdoor usage is increasing. The best fluorescent and compact fluorescent (mil sources have several advantages over metal halide: Iona iah night without si a7ni fi . n y chn_rtP_n =ng hn1h lifer, an-&a white light that is spectrally much less polluting than that produced by metal halide. Disadvantages are: high brightness CFLs are not available, light output is diminished at low temperatures, and a lamp may not even start at very low temperatures. Low Pressure Sodium (LPS) This light source is the most energy efficient of all, and it is an excellent choice when used with a quality fixture that controls the light output. The light is produced from glowing sodium gas within a tube, and so the LPS fixtures, for higher wattage lamps, are larger than the equivalent fixtures for HPS or MH. However, the LPS fixture is an excellent choice for street lighting, parking lots, and security lighting. There is no color rendering at all, but adequate color rendering is quite possible with system designs that also use a few MH or fluorescent fixtures to add a little white light. For equivalent fixtures (ones that offer the same amount of light and good light control), a 175 watt mercury vapor fixture could be replaced by a 100 watt HPS or a 55 watt LPS. The 35 watt LPS is equivalent to a 200 watt incandescent. It is easy to see that considerable energy savings is possible. Remember also that if the installation is glare free, a lower light level offers excellent visibility. More is not always better. Lighting controls: Controlling when and where the lights are used, how long they are on, and how bright they are can all be a major factor in conserving energy. Devices range from a simple on/off switch to computers programmed to control lights automatically. Turn lights off when not needed. Use individual controls rather than lighting large areas off of one switch. Use timers. Don't burn outdoor lights in the daytime. Use photo - sensors when possible. Some of the newer applications use motion sensors for room light control, and such systems are also feasible for outdoor applications. Maintenance: Finally, do not forget lamp and fixture maintenance as a factor. Keep the fixture clean from dust and dirt. Such contamination can reduce light output in some cases by up to 50 percent. Cost Comparison Example: (Assume that a well - designed fixture is being used in these cases, so that the light output by the lamp is being efficiently utilized. A bad fixture could be wasting more than 50 percent of the lamp's light.) Compare a 175 watt mercury (these are generally found in poor fixtures!) to a 100 watt HPS and a 55 watt LPS lamp. All of these lamps are producing about 8000 http://www.darksky.org/i"ida-2/info52.html 000139 cage -) of lumens, quite a lot of light. These are wattages that would commonly be used for residential street lighting. We assume 4100 burning hours per year, from dusk to dawn, and 8 cents (U.S.A.) cost per kilowatt-hour of electricity (KWH). The total wattage of the system includes the wattage used by the lamp and the ballast together. It is easy to see the potential savings achieved by utilizing efficient lamps. ' I 1 / i �� 1 i f _ i� i • i / 1 . i � �T'�{•Ty1�1L/ 1� U See IDA Information Sheets 4 and 26 for additional energy saving facts. "bins matenal is copynghted (( ) by the IDA, or others as noted. It may be reproduced for non- commercial usage provided that credit is given to IDA. 0001-.'D http://www.cLuksky.org/ida/ida-2/info52.htinl IL Examples of Good and Bad Lighting Fixtures Information Sheet 122, May 1997 69 latcraatioeal Dark-Sky A»oeladoa 3223 N. First Ave., Taesoa, AZ 85719 Q.S.A. E -mail: idaQ&rktkr.orr WWW: littloWwww.darksky orb GOOD Even post - top ornamental fixtures, like this Salem Cutoff from GE Lighting, can be cutoff with clear panels and lamp /reflector located above. GOOD Flat -lens cobra head fixtures, like this American Electric Series 125 Roadway Cutoff lnminaire, provide excellent roadway lighting with greatly reduced glare and no uplight. GOOD The Yorktown, another ornamental from Emery Fixtures, also has clear panels and bulb located above for maximum glare and spill light control. GOOD This new generation of flat - lens cobra head fixture from American Electric, call the DuraStar 2000, provides superior lighting uniformity at http://www.darksky.org/ida/ida-2/infol22.html Page 1 of 3 BAD Non -cutoff fixtures like this "acorn" ornamental cause light pollution. 1 BAD The ubiquitous drop - lens cobra head luminaire produces a level of glare and uplight that is both unacceptable and unnecessary. 000lyy ATTACHMENT D GOOD Many existing dusk -to- dawn security lights and residential streetlights can be retrofitted with the Hubbell Skycap. GOOD Flat -lens shoebox fixtures come in many forms; square, rectangular, circular, etc. All control the light with internal reflectors. Glare and light trespass are minimized; no uplight is produced. standard mounting heights and spacings. GOOD The Hubbell Skycap turns any standard NEMA head light into a full- cutoff light with wide area coverage. GOOD Post -top flat -lens shoebox fixtures like this one provide good area illumination without light pollution. BAD NEMA head style fixtures are very inefficient, sending about 20% of the light upward and another 20% horizontally outward, creating glare. Ift BAD (sometimes) The telltale sag lens gives this luminaire away as a possible problem. If the lens is clear and very shallow, and the bulb wattage is not too high, this type of light can cover a wider area without too much glare or uplight, but beware! Page 2 of 3 http://www.darksky.org/ida/ida-2/infol22.htrnl 00011„; GOOD Full -cutoff wall packs such as this mcPhilben 101 Wall Sconce make excellent entryway and building perimeter lights, and there is enough forward throw that adequate lighting is provided for near- building parking. GOOD If floodlights must be used, they should always have top and side shielding, and be pointed at least 45 ° below the horizontal. Go back to the IS list Go back to the IDA homepatte GOOD Recessed canister lights built into the eaves or canopy of a house, garage, or other building is the first choice for lighting building exteriors. GOOD Even sports lighting can be done well, if one uses cutoff light fixtures such as these from Soft Lighting Systems. Page 3 of 3 BAD Wall packs like this should never be used. They produce enormous glare and uplight. BAD Unshielded floodlights provide a trashy "prison yard" look and should not be used. httP://www.darkskY.Org/ida/ida-2/infol22.html 00011.3 CHAPTER 17.30 LIGHTING REGULATIONS Sections: 17.30.010 Purpose and Intent 17.30.020 Definitions 17.30.030 Applicability 17.30.040 General requirements 17.30.050 Prohibited lighting 17.30.060 Plans Required 17.30.070 Design Standards 17.30.080 Certification /Testing 17.30.090 Exemptions 17.30.100 Enforcement 17.30.010 Purpose and Intent The purpose and intent of this Chapter is to provide regulation of lighting within development projects in all zones within the City of Moorpark. The City recognizes that lighting has both a practical and aesthetic value and is an integral portion of any development. The City also recognizes that improperly installed lighting, illegal lighting, or improperly maintained lighting, creates impacts upon astronomical resources within the community and creates conflicts and nuisance impacts upon abutting properties. 17.30.020 Definitions Words and terms as used in this Chapter shall have the meanings set forth in this section. Words or terms not defined herein shall have the generally accepted meaning as defined elsewhere within this Title. a. Abatement. The method of reducing the degree or intensity of pollution, nuisance or violation. b. Adverse Impact. A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions. c. Candlepower. Light intensity expressed in candelas. d. Design Standards. Guidelines defining parameters to be followed in site, building, landscape and lighting design. e. Glare. The effect produced by lighting sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. f. Human scale. The proportional relationship of a particular building, structure, or streetscape element to human form and function. g. Nuisance. An interference with the enjoyment and use of property. h. Nuisance element. An environmental pollutant, such as smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare, light or heat. 17.30.030 Applicability The standards, guidelines and procedures contained within this Chapter shall apply to all residential, commercial, industrial, and institutional zoned lands and projects within the City of Moorpark. Referenced standards and criteria shall apply to all specific plan areas. These standards augment lighting standards and regulations 0001y /I ATTACFMNT E contained within any adopted specific plan, and provide standards and criteria whenever a specific plan does not contain lighting standards. Where the standards of this Chapter and any previously adopted standard conflict, the more restrictive standard shall apply. 17.30.040 General Requirements a. Lighting values within any development shall be restricted to those minimum levels of intensity necessary to provide safety and security to the occupants and visitors to the site. b. Use of low intensity lighting for aesthetic purposes in order to enhance or accent building features, public art, or landscape architectural features of a project is encouraged. Such lighting may not spill over onto, or trespass upon, adjoining uses or public streets. C. All lighting systems provided within a project shall meet adopted uniform codes and standards of the City. d. All lighting system components shall be kept in good repair and service. Periodic cleaning, painting and servicing of supports, globes, fixtures and foundations is required. Poor maintenance shall be considered a nuisance condition. e. All lighting fixtures or elements shall be compatible with the architectural style of the buildings within and or adjacent to the project location. M:\ JLibiez\ M\ CodeAmnd \Chapter17.30Lighting.doc 17.30.030 Prohibited lighting The following shall be prohibited within the City of Moorpark. a. Any lighting device erected, installed, modified or reconstructed without proper plans and permit approvals. b. Flashing, alternating or blinking lights. c. Low pressure sodium lights d. High intensity mercury vapor security lights in other than rural residential or agricultural areas. e. Any light bulb exceeding a color temperature of 3500 degrees Kelvin. f. Bare bulbs or tube lighting, other than approve neon lighting. g. Drop down lighting lens or fixtures. 17.30.060 Plans Required All commercial, industrial institutional, and multiple family residential development projects shall have the lighting system and its components, to be incorporated within that project, approved by the City's lighting engineer prior to issuance of building permits for that project. Each preliminary development plan application and each building permit application shall incorporate electrical plans and structural plans which detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use Pa N�� �. J areas, public art displays, fountains, or landscape areas. Lighting plans shall be prepared, signed and certified by a civil or electrical engineer licensed and /or registered within the State of California to prepare and certify lighting system designs /plans. Lighting plans shall, as a minimum, include and exhibit the following: a. Style, size, height and location of any poles used to support lighting fixtures or electroliers. b. Size, height and location of any foundation systems upon which light poles may be erected. C. Style, type, location and quantity of fixtures and or electroliers, whether pole mounted, bollard mounted or building mounted. d. Number and wattage of luminaries /bulbs /electroliers. e. Shields, cut -off mechanisms, or diffusers used with each fixture. f. Construction structural and mounting details for all installations. g. All exterior lighting plans shall be photo- metric consisting of a point by point foot - candle layout based upon a 10 foot grid center and extended to twenty feet beyond the property line. h. Plans shall be prepared to scale, and shall be accompanied M:\ JLibiez\ M\ CodeAmnd \Chapter17.30Lighting.doc by dimensioned detail sheets, materials catalogues, and specifications to aid in the identification and evaluation of proposed lighting system components. e. The City's lighting engineer shall evaluate and approve all lighting system plans and components. Cost of the City's lighting engineer services shall be the responsibility of the development permit applicant and shall be subject to the full cost recovery deposit fee system of the City. 17.30.070 Design Guidelines a. General guidelines 1. All lighting shall be stationary and directed away from all adjacent properties and streets /rights -of -ways. 2. Lighting systems shall be energy efficient. 3. Lights shall be shielded or recessed to direct glare and reflections within the boundaries of the property. 4. Lighting shall not be of unusually high intensity or brightness such that hot spots are created. 5. All lighting fixtures shall be appropriate in scale, intensity and height to the use to be served. 6. All walkway lighting, public space lighting, patio area lighting shall be kept to human scale. Bollard style lighting is preferred. 7. Security lighting shall be provided at all entrances and exits to buildings. Page 3 0001-LG 8. All lighting fixtures shall incorporate full cut- off features such that the luminaire is not visible and the light emissions do not extend beyond the property line or into adjacent public right of way. 9. Concrete pedestals, bases or foundations intended for the mounting of poles shall be restricted in height and bulk to that necessary to provide adequate, safe anchorage for poles and fixtures. All concrete pedestals shall be painted or stucco coated to be compatible with the project architectural elevations, or to blend with the landscape areas in which they are constructed. 10. Unshielded pack lighting fixtures and area wide flood lighting is prohibited. b. Lighting Pole Height. 1.Residential. 14 feet 2.Commercial. 20 feet 3.Industrial. 25 feet 4.Institutional. 20 feet c. Lighting Values. 1.Exterior parking areas: 7 foot - candles maximum; 1 foot candle minimum. 2.Interior parking areas: 10 foot - candles minimum. 3. Blue metal halide and high pressure sodium electroliers: 400 watt maximum. 4. Florescent lighting units: 40 watts per light fixture Such units shall disperse light indirectly. M:\ JLibiez\ M\ CodeAmnd \Chapterl7.30Lighting.doc d. Pedestals. Pedestals used to provide ground mounting foundations for lighting poles and fixtures shall not exceed one (1)foot in height when placed adjacent to sidewalks, within planters, or within parking lots. e. Pole and pedestal clearances. 1. Curb face: 3 feet 2. Handicap parking space or ramp: 5 feet 3. Parking space: side - 2 feet; head- 3 feet 4. Trash enclosure: 3 feet from any vehicle approach 5. Drive aisles: 3 feet 6. Edge of sidewalk: 2 feet f. Fixture clearance. 1. Over driveways /aisles: 14 feet 2. Over walkways: 8 feet g. Shielding /shrouds All lighting fixtures shall be designed and installed such that no light will be emitted above the horizontal plane. Integral cut -off devices or shields and /or the addition of external shrouds of compatible architectural design to the buildings shall be used to limit stray light. 17.30.080 Certification /Testing Each lighting plan shall be certified to meet the standards of this Chapter and Title, as well as those structural and electrical codes adopted by the City which may apply. Pagbbo_ii i The applicant's engineer shall prepare and certify that the plan has been prepared according to the information contained in this Chapter and any design materials furnished by the City's lighting engineer. The City's lighting engineer shall review and approve the plans and certify to their compliance with approved standards and criteria. The City's lighting engineer shall sign all building and zoning clearances necessary to issue building permits for the implementation of the lighting system plans. Prior to issuance of a final Certificate of Occupancy the City lighting engineer shall cause to be performed a photometric field inspection of the approved lighting system for all development projects. The inspection shall verify the proper construction and installation of materials within the approved plan, determine the actual light patterns and values through light meter testing and observation, and determine the extent of any errant lighting. Deviations and or violations shall be corrected prior to the final clearance for the project. 17.30.090 Exemptions The criteria of this Chapter shall not apply to any of the following: a. One incandescent bulb of 100 watts or less used in low density residential or rural lighting areas, provided such fixture is shielded so as not to emit light above the horizontal plane. M:\ JLibiez\ M\ CodeAmnd \Chapter17.30Lighting.doc b. Athletic field lights within a public park, recreation or school campus established pursuant to special plans meeting recognized standards for such facilities constructed in accordance with a photometric plan approved for these facilities. c. Navigation beacons, aircraft warning lighting upon towers or similar structures, hazard markers, railroad signals and crossing warning devices. d. Security lighting for prison or jail facilities. e. Traffic control devices. 17.30.100 Enforcement. It shall be unlawful for any person, firm, business, corporation or entity to install, replace, reconstruct or intensify any lighting system upon any property within the City of Moorpark not in compliance with the provisions of this Chapter. Violations of the provisions of this Chapter shall be subject to prosecution as infractions. Violations which unwanted and potential unhealthy conditions property, public or shall be considered nuisance and shall be public nuisance procedures. create unsafe or upon any private, a public subject to abatement Page S 0 0 0 i H 00 IA LIGHTING STANDARDS COMPARISON CHART STANDARD 1000 OAKS CAMARILLO SIMI VALLEY O)QiARD CLAREMONT RANCO CUCAMONGA Exterior 1 foot candle Not Not specified Not specified Not given Not specified commercial specified doors Parking Lots Per handout 7 ft candles 7:1 ratio I ft candle 1 ft candle High 9ft candles maximum minimum Medium lft candle 1 minimum low .5ft candle Plans & Electrical Satisfy Photometric Part of plan Plans Not specified Reports Engineer building based on loft review required. drawn- 2 each department grid extended Light test & plan & Written technical 20 ft beyond measuring report on handout property line required intensity before final ` certificate of occupancy Pole height 20 ft max in 25 ft max Commercial 20 ft. parking lots 20 ft Max. 40 ft. 15 ft 15 ft. Industrial 20 ft. 20 ft. Max. 40 ft. 15 ft 15 ft Residential 14 ft. Within 100ft 15 ft. 14 ft 12 ft 14ft Fixture Requires Shoe box Sharp cut -off Cut -off Sharp cut -off Downward Planning Dept preferred at property provided to feature; directing review and With sharp line prevent spill prismatic cut -off approval. cut -off over. Plan diffusing required Catalogue and capability detail lens. No specifications required drop down required for lens review permitted on shoebox style. Architectural ly compatible to project. Pedestals Not given Required but Not specified Not specified sidewalk 6 inches Not given not specified parking lot 3 ft. as to size planters 2 ft. Pole 3 ft. from Not given Not given Not given Not specified Not specified Clearance curb face 0 LIGHTING STANDARDS COMPARISON CHART(Cont.) Intrusion No glare beyond property lines None permitted None beyond property line None given .5 ft candle at property line Not to exceed 5 ft candles Color Control Low - pressure Mercury No low None No mercury sodium vapor pressure vapor or prohibited Metal halide sodium metal halide High in pressure residential sodium areas. In other areas color temperature less than 3400 degrees Kelvin required. Other Exemptions Max 2 bulb incandeceent limited to 200W total. M: \JLibiez \M \CodeAmnd \lghtngstndrdtble.doc ATTACHMENT "C" Planning Commission Staff Report ZOA 99 -06 Intermediate Care Facilities within R -O (Single - Family Estate) ® ® ®1�y ITEM q • G MOORPARK, CALIFORNIA CITY OF MOORPARK Planning Commission Meeting PLANNING COMMISSION of 1" q I "Z- AGENDA REPORT ACTION: TO: Planning Commission �qcf%q w t � FROM: Wayne Loftus, Acting Director of Community Developmenv,0;0�1_ Prepared by: John Libiez, Principal Planner /Advanced DATE: July 29, 1999 (Meeting of August 9,1999) SUBJECT: CONSIDER AN AMENDMENT TO THE CITY OF MOORPARK ZONING CODE TO AMEND SECTION 17.20.050, TABLE 17.20.050, TO ADD INTERMEDIATE CARE FACLITIES FOR SEVEN OR MORE PERSONS WITHIN THE R -0 (SINGLE - FAMILY ESTATE) ZONE, SUBJECT TO AN APPROVED CONDITIONAL USE PERMIT, ZONING CODE AMENDMENT 99 -06. BACKGROUND: At the July 21, 1999, meeting, City Council considered a request from Tender Loving Care (TLC) to initiate a Zoning Code Amendment to authorize intermediate care facilities for seven or more persons within the R -0 (Single- family Estate) Zone. Council adopted Resolution 99 -1636 directing that Planning Commission consider the TLC request. Property owner notice for the public hearing was performed pursuant to provisions of the Zoning Code. In addition, all owners of R -0 zoned property were specifically provided notice by U.S.Mail. DISCUSSION• The proposed Zoning Code Amendment would modify Table 17.20.050 by adding the symbol (o) under the column for the R -0 zone in order to permit intermediate care facilities for seven or more persons subject to a Planning Commission approved Conditional Use Permit. Intermediate care facilities for six or fewer residents are considered as single family uses under current state preemption of local zoning. Currently, intermediate care facilities, as defined by the Municipal Code, are permitted within all residential zones, except the R -0 Zone, subject to a Planning Commission approved Conditional Use Permit. The applicant's property is within one 0002--), M:\ JLibiez\ M\ CodeAmnd\ stfrptroCAREFACILITIESPC8999 .doc ""0'`0 Planning Commission Staff Report Zone Code Amendment - Intermediate Care Facilities /R -0 Zone August 9, 1999 Page 2 of the two areas zoned R -0 along Maureen Lane. This is the only area where R -0 Zoning remains within the City. Properties within immediate proximity to the applicant's property along Maureen Lane are zoned Rural Exclusive (R -E). Residential Planned Development (RPD) zoning exists to the east, on the site recently approved for a compact subdivision on the application of Pacific Communities, where the zoning is RPD -7.0 dwelling units per acre. The R -E and RPD properties could develop intermediate care facilities for seven or more persons, subject to Planning Commission approval of a Conditional Use Permit. As defined by the Zoning Code and except for required lot sizes, there is little difference between the R -E and R -0 Zones. The requested amendment would incorporate the proposed use in the RO zone which is the only residential district where intermediate care facilities are not currently allowed. Staff has determined that the proposed zoning amendment is exempt under the City's CEQA implementation rules. STAFF RECOMMENDATION: 1. Open and Conduct a Public Hearing; 2. Close Public Hearing; 3. Adopt a Resolution PC -99- recommending to the City Council approval of an amendment to the Zoning Code to permit intermediate care facilities within the R -0 Zone subject to a Planning Commission approved Conditional Use Permit. ATTACHMENT: 1. Resolution PC -99- 2. City Council Staff Report dated July 9, 1999 0001Z03 RESOLUTION NO. PC- 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF MOORPARK, ADOPT ZONING CODE AMENDMENT 99 -06 TO AMEND TABLE 17.20.050 TO INCORPORATE INTERMEDIATE CARE FACILITIES FOR SEVEN OR MORE PERSONS WITHIN THE R -0 (SINGLE - FAMILY ESTATE) ZONE SUBJECT TO AN APPROVED PLANNING COMMISSION CONDITIONAL USE PERMIT. WHEREAS, Public Notice having been given in time, form, and manner as required by law, the Planning Commission of the City of Moorpark held a Public Hearing to consider Zone Code Amendment 99 -06 on August 9, 1999. WHEREAS, at its public hearings the Planning Commission took testimony from all those wishing to testify on the project, closed the public hearing on the project on August 9, 1999; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and testimony presented to the Planning Commission, including but not limited to, staff reports and staff and public testimony, the Planning Commission hereby makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. That an environmental analysis of the project was considered for Zoning Code Amendment 99 -06 and it has been determined that in compliance with CEQA (Division 13 of the Public Resources Code of the State of California)and the City's CEQA Procedures, the project is exempt. ZONE CODE AMENDMENT FINDINGS: 3. The approval of Zone Code Amendment No. 99 -06 is consistent with the City's General Plan AND Zoning Code. 4. Adoption of Zoning Code Amendment 99 -06 removes an inequity in the treatment and requirements for M:U Libiez\WCodeAmnd\ResoROusesCarefacs .docCarefacs. ATTACHMENT: 1 0001.,fi Planning Commission Resolution No. PC -99- August 9, 1999 Page 2 intermediate care facilities currently extant within the City's Zoning Code. SECTION 2. The Planning Commission hereby recommends that the City Council adopt an ordinance to amend the City Zoning Code by amending Table 17.20.050 to incorporate intermediate care facilities within the R -0 Zone subject to approval of a Planning Commission approved Conditional Use Permit as shown on Attachment A. THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: NAYES: ABSENT: ABSTAIN: PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF AUGUST, 1999. Mark DiCecco, Chairman ATTEST: Celia LaFleur Secretary ATTACHMENTS: A. Zoning Code Amendment Table 17.20.050, amended. 00©15 17.20.040 N. Sales or leasing of commercial or industrial office space within an existing building on the same site as the unit or units being sold or leased; O. Play structues, outdoor fi=nitu e, and the like, which are exempt from setback requirements pursuant to Section 17.24.040; P. Temporary filming that meets any of the following criteria: 1. Is for current news programs, 2. Is within an existing building, 3. Is during daylight hours for one (1) day in any seven (7) day period, provided that such filming does not involve open flames, explosives, or the construction of sets or other structures; Q. Grading, except for that which is proposed within an overlay zone and requires a discretionary permit pursuant to Chapter 17.36; R. The following types of retail sales from wheeled vehicles, subject to the requirements of all other city departments: 1. Trucks from which food is sold to employees of commercial and industrial businesses along a ptedetamioed route, provided that such trucks are not in any location for more than one -half hour per day, and 2. Vehicles parked on the site of a permitted swap meet, carnival, outdoor festival or similar event, and selling food during such event. (Ord. 189 13 (8105 -3), 1994) 17.20.050 Permitted uses in open space, agricultural and special purpose zones. Permitted uses in open space, agricultural and special Purpose zones are set out in Table 17.20.050. Note: An approved residential planned development permit is required for five (5) or more lots in the RA, RO, R -1 and RE zones. The key for Table 17.20.050 is as follows: [Blank] Not permitted ♦ Permitted by zone clearance ■ Administrative permit • Planning commission- approved planned development permit 0 City council- approved planned development permit O Planning commission - approved conditional use permit ■ City council-approved conditional use permit Table 17.20.050 PER>VIITTED USES IN OPEN SPACE, AGRICULTURAL AND SPECIAL PURPOSE ZONES Agriculture and agricultural operations (no retail except as indicated). Animal husbandry: Without structures' With structures: total GFA per lot: Up to 1,000 sq. R Over 1,000 to 5,000 sq. R Over 5,000 to 20,000 sq. ft. Over 20,000 to 100,000 sq. R Over 100,000 sq. R Apiculturei Fish farms More animals than we permitted by Section 17.28.0300 Contractors= service and storap yards and buildings Crop production' Wholesale nursery Firewood operations Greenhouse, hothouses and the like: total GFA per lot? Up to 1,000 sq. ft. 1,000 to 20,000 sq. ft. 310 OS AE RA RE RO Rl R2 RPD TP I OOOia,;O ATTACHMENT A ♦ ♦ O ♦ ♦ O O O O O O O O O O O O O O O O O O O ♦ ♦ O OOOia,;O ATTACHMENT A 20,000 to 100,000 sq. ft. Over 100,000 sq. ft. Packing or Prelim• processing, within structures: total GFA per lot:' Up to 5,000 sq. ft 5,001 to 20,000 sq. ft. 20,001 to 100,000 sq. ft. Over 100,000 sq. ft. Timber growing and harvesting, and compatible uses Dwellings, farm worker (more than one per lot) Wineries Up to 2,000 sq. ft. structure 2,001 to 20,000 sq. ft. structure Over 20,000 sq. ft, structure With public tours or tasting rooms Accessory structures To animal husbandry: Dwelling, caretaker More than one per lot Offices To crop production, including storage Dwelling, farm worker: On lots of 40 acres or more On lots less than 40 acres More than one per lot Offices Produce stands, retails Accessory uses, including open storage Fuel storages Insecticides for pest control Packing, storage or prelim processing of crops: Without structures Airfields and landing pads and strips, private Animals, nonagricultural (see also Dwellings, accessory uses and structures)` Kennels Wild aniatals Boardinghouses and bed -and4 eakfast inns Care facilities' (see also H&SC and W&IC) Day: Care of 12 or fewer persons (State law requirement related to day care facilities for 7 -12) Care of 13 or move persona Intermediate: Care of 7 or more persons (see definitions) Residential: Care of 6 or fewer persons Care of 7 or more persona Cemeteries Accessory crematoria, columbaria and mausoleums Churches, synagogue and other buildings used for religious worship Clubhouses (no alcoholic beverages) 311 17.20.050 OS AE RA RE RO RI R2 RPD TP I O O O O O SEE GREENHOUSE O O O • • O O O O O O O O O O O O O O O O O O O O O O O O SEE WITH STRUCTURES, ABOVE O O O O O O O O O SEE GREENHOUSE O O O O O O O O O O O O O O O O O O O O O O O O O SEE AN][MAL HUSBANDRY O O O O O O O O O O .l 000102017 O O O O O O O O O O O O O O O O O O O O O 0 0 0 O O O O O O O O O O O O• O O O O O O 000102017 17.20.050 Communications facilities Drilling. temporary geologic (testing only) Dwelling, single - family;` (R -P -D zone) Mobilehome, continuing nonconforming Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, two-family, or two single - family dwellings` Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, multifamily Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, accessory structures For human habitation: Mobilehome/RV as temporary dwelling during construction= Second dwelling= Room additions Not for human habitation (with or without bathroom): Second story patio/dock Accessory structure over 120 sq. R Ova 1,000 sq. ft. per structure; or over 2,000 sq. ft. per lot Antenna, ground- mounted (noncommercial), above 40 8.2 Dwellings, accessory uses Animals' Apiculture' Aviaries Farm animals= (other than horsestponies) Horses/poniee Pet animaw More animals than are permitted by Section 17.28.0300 Wild animals Commercial uses, minor, for project residents Home occupation Storage, his Education and training Colleges and universities Schools. elementary and secondary (boarding and nonboarding) Energy production from renewable sources Festivals and similar evenm temporary outdoor Government buildings Correctional instimtloaa Fire stations Law enforcement facilities Grading' Within an overlay zone Hospitals Hospitals for large animals Libraries 312 OS AE RA RE RO R1 R2 RPD TP I 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O a o a 0 0 • 0 O O O O O O O O O O O O O O O 0 0 O O O O ♦ ♦ ♦ ♦ ♦ O ♦ ♦ ♦ ♦ ♦ O O O O O O O O O O O • O O 0001 -S O O O 0 0 O O O O O O ■ O O O O O O O O O O O O O O O O O O O O O O O O O O O O SEE CHAPTER 17.36 O O O O O O O O O O O 0001 -S 17-20.050 Mineral resource development OS O AE O RA RE O RO RI R2 RPD TP I Mining and accessory uses' O O O Less than 9 months in duration O O O O Public works maintenance Oil and gas exploration and production' O O O O Mobilehome parks= O O O O O O Model homes/lot sales=; 2 years More than 2 years O O O O O O Motion picture and TV production, and related activities and structures O O O O O O O O O Temporary (maximum 42 days in any 180 -day period)'-2 ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Pipelines and transmission lines, aboveground= O O O O O O O O 0 0 Public utility facilities, excluding offices and service yards' O O O O O O O O O O Recreational sport and athletic facilities fps: O O O Campgrounds = O O O O Community centers O O O O O For farm workers and nonprofit farm community organizations O O O Fields, athletic O O O O O O Geothermal spas Golf courses, except miniature golf' O O O O O O O O Parks ♦ O ♦ ♦ ♦ ♦ ♦ • O With buildings O O O O O O O O O Periodic outdoor sporting events O Recreational vehicle parks= O O O Recreation projects. city - initiated Caretaker recreational vehicle, accessory= Retreats': Without sleeping facilities O O O With sleeping facilities O O O O Riding stables O O O O With accessory lodging facilities O O Shooting ranges and gun clubs Signs (see also Section 17.20.040 and Chapter 17.40) Storage of building materials, temporary= Trees and native vegetation: Removal, relocation or damage' Within an overlay zone SEE CHAPTER 17.36 Uses and strtudrres. accessory (other than to agric. animals or dwellings) ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ O O To a use requiring a PD permit or CUP D'dUng. caretaker SEE SECTION 17.44.080A Waste oeattnau and disposal O O O O O Water productim storage and distribution facilities: Private purveyors'" O O O O O O O O O O Notes for Tabk 17.20.OW. 1. See also Section 17.20.040. 2. There are specific regulations for this use; see Chapter 17.28. 3. See Chapter 17.32 for parking standard. 4. Most public water facilities are exempt from these regulations. (Ord. I% ¢ 3 (part), 1994; Ord. 189 13 (81050, 1994) 313 (Mooeput iz -9a� 000.:.,9 rrEM 10- C__ CITY OF MOORPARK AGENDA REPORT TO: Honorable City Council FROM: Wayne Loftus, Acting Director of Community Development /_05 Prepared by: John Libiez, Principal PlanneX4— Date: July 9, 1999 (For CC Meeting of July 21, 1999) SUBJECT: CONSIDER ADOPTION OF A RESOLUTION DIRECTING THE PLANNING COMMISSION TO SET A PUBLIC HEARING AND PROVIDE A RECOMMENDATION ON A ZONING CODE AMENDMENT RELATED TO PROVISION FOR INTERMEDIATE CARE FACILITIES WITHIN THE SINGLE - FAMILY- ESTATE (R -0) ZONE BACKGROUND: A request has been received from Tender Loving Care (TLC) to consider a potential amendment to the Zoning Code that would allow intermediate care facilities /hospice care within the R -0 Zone. A resolution has been prepared for Council consideration that would allow the Planning Commission to consider appropriate amendments to the Zoning Code related to intermediate care facilities /hospice care in the Single - Family Estate (R -O) Zone. Adoption of the attached resolution will permit the Planning Commission to conduct the appropriate study, and hearings in order to consider an amendment to the Zoning Code. DISCUSSION: The attached Resolution for Council consideration will allow the Planning Commission, subject to the applicant, Tender Loving Care paying appropriate processing fees, to consider intermediate care facilities /hospice care uses in the Single - family Estate (R -O) Zone. The requested code amendment would not require an amendment to the General Plan. An alternative way for TLC to achieve their goal for a care facility for more than six (6) patients would be to rezone the site to the RE (Rural Exclusive) zone which currently permits the proposed use subject to approval of a Conditional Use Permit. ATTACHMENT 2 M:\ JLibiez\ M\ CodeAmnd\ stfrptROhospicecarezngamend.doc 000130 City Council Agenda Report R -0 Zone Intermediate Care Facility Amendment July 21, 1999 Page 2 Currently, intermediate care facilities, as defined by the Municipal Code, are permitted within all residential zones, except the R -0 Zone, subject to a Planning Commission approved Conditional Use Permit. The applicant's property is within one of the two areas zoned R -0 along Maureen Lane. Properties within immediate proximity to the applicant's property along Maureen Lane are zoned Rural Exclusive (R -E). Residential Planned Development (RPD) zoning exists to the east. These properties could develop intermediate care facilities, subject to Planning Commission approval of an application for Conditional Use Permit. The requested amendment would incorporate the proposed use in the RO zone which is the only residential district where intermediate care facilities are not currently allowed. STAFF RECObMNDATI0N: Adopt Resolution 99- ATTACHMENT: A. Resolution 99- B. Location Map. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION TO STUDY, SET A PUBLIC HEARING, AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO REVISIONS TO TITLE 17 OF THE MUNICIPAL CODE, TO DEVELOP REGULATIONS RELATED TO INTERMEDIATE CARE FACILITIES (HOSPICE CARE) WITHIN THE SINGLE-FAMILY - ESTATE ZONE (R -O) WHEREAS, Section 17.60.020 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation within reasonable time. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby authorize the initiation of proceedings to consider a requested amendment to revise the Zoning Code for the purpose of considering adding regulations and standards relating to intermediate care facilities and establishing procedures for the review and approval of such facilities within the R -0 Zone within the City of Moorpark as contained within the application received from Tender Loving Care, subject to the applicant's responsibility for all costs associated thereto. SECTION 2. That the Planning Commission is hereby directed to study, set a public hearing, and provide a recommendation to the City Council pertaining to amendments to the City of Moorpark Zoning Code for the purpose of considering adding intermediate care facilities as a use within the R -0 Zone, and establishing regulations and standards relating to such use within the City of Moorpark. SECTION 3. of this resolution, filed in the book of The City Clerk shall certify to the adoption and shall cause a certified resolution to be original resolutions. PASSED AND ADOPTED this 21st day of July, 1999. M:\ JLibiez\ M\ CodeAmnd \resohospicecare799.2.doc ATTACHMENT A _ 00Oiv2 Resolution No. 99- Page 2 Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk M:\ JLibiez\ M\ CodeAmnd \resohospicecare799.2.doc O ®Q I.v 3 bH 0 O O o Z C.) vu rurv. I rf/A u I L tVANUMU -')IMI to 1-3 �u 0 to M En �u g1-3 0 1-3 Tax Rate Area 67014 ,DUb -U,4 DEC 3 ISM o .... .... . .... ----- ------ - -------- -- 12-0-59 R-E-20 ORD. 1127 11-7-61 24'% IRS 06 41 A u i5ml#65 R-E-2 R-o R-0 OR0.11127 • ORO.2373 ORO.2373 11-7-61 0 2 9-1-70 9-1-70 24 23 22 21 20 1f 14 17 14 13 1• 13 02 05 0 ......_r /991081091 003 C rry (ALL AWEIS) AZ 7605 VENTURA COUNTY PLANNING r)EPAR ' MIN I -ONING MAP506 04 Cwfj,,1At4(:E 2 3 7 5 Ar"110 9 - I - 70 COUNTY WlfS Assessor's Map 9k 5r poo'l ATTACHMENT " D " Planning Commission Staff Report ZOA 99 -07 Commercial uses within GO (Commercial Office) Zone within the Downtown Specific Plan Area 000 -.,-A5 ITEM 3 • I). MOORPARK, CALIFORNIA CITY OF MOORPARK Planning Commission Mee* PLANNING COMMISSION of Udr AGENDA REPORT 1 ACTION: CFPC TO: Planning Commission 46G41 -1 1-�-,5 q - 4 GJ /rn c t FROM: Wayne Loftus, Acting Director of ommuni y eve o en Prepared by: John Libiez, Principal Planner /Advanced DATE: August 3, 1999 (Meeting of August 9,1999) SUBJECT: CONSIDER AN AMENDMENT TO THE CITY OF MOORPARK ZONING CODE TO AMEND SECTION 17.20.060, TABLE 17.20.060, TO PERMIT LIMITED RETAIL COMMERCIAL USES WITHIN THE C -0 (COMMERCIAL OFFICE) ZONE WITHIN THE DOWNTOWN SPECIFIC PLAN, ZONING CODE AMENDMENT 99 -07 BACKGROUND: At the July 2, 1999, meeting, City Council adopted Resolution 99 -1618 directing that Planning Commission consider a potential amendment to the Zoning Code that would permit retail commercial uses in the C- O(Commercial Office) Zone in the Downtown Specific Plan Area. Property owner notice for the public hearing was performed pursuant to provisions of the Zoning Code which permits use of a one - eighth page advertisement whenever the number of properties to be noticed exceeds 1000. In addition, all owners of property zoned C -0 within the Downtown Specific Plan area were specifically provided notice by U. S. Mail. DISCUSSION: The proposed Zoning Code Amendment would modify Table 17.20.060 by adding the symbol ( *) under the column for the C -0 Zone in order to permit; art galleries, museums and antique stores as specific retail commercial uses in the C -0 Zone subject to Zoning Clearance procedures. The referenced symbol is accompanied by a footnote designator that limits these three uses to development ONLY within the Downtown Specific Plan area. Currently, no retail commercial uses are permitted within the C- 0 Zone. This request was brought to the City Council's attention by a merchant who leased a store area within the C -0 Zone for retail uses later to be found to be precluded by the code. 0001 I' M: \JLibiez \M \CodeAmnd \stfrptc- ouses8999pc.doc Planning Commission Staff Report Zone Code Amendment - Retail Commercial Uses in the C -0 Zone August 9, 1999 Page 2 Many successful downtown districts combine a mix of entertainment, food services, specialty shops, and tourist commercial uses to attract residents and visitors to the area. Art galleries, museums, antique stores, and related types of tourist commercial and specialty uses and facilities, can serve as draws to the downtown which may bolster other businesses. Each of the cited uses generally occupies a large floor area while not generating a need for large quantities of parking. Of benefit to prospective uses such as the three cited, is the fact that adopted parking regulations allow a reduction of one -half the normal ratio for uses within the Downtown Plan area. Inclusion of limited commercial retail outlets within the C -0 Zone could provide some flexibility to property owners within that zone. A more rapid conversion from non - conforming status to conforming status could occur on C -0 zoned lots when the list of permitted uses is broader, with corresponding aesthetic and architectural improvements along the affected streetscapes. The Planning Commission may wish to consider other limited commercial uses not currently allowed within the C -0 Zone that would be similar in effect and enhancement to the Downtown area but not supplant the purpose of the C -0 Zone. Staff has determined that the proposed zoning amendment is exempt under the City's CEQA implementation rules. STAFF RECOMMENDATION: 1. Open and Conduct a Public Hearing; 2. Close Public Hearing; 3. Adopt Resolution PC -99- recommending to the City Council approval of an amendment to the Zoning Code to permit limited commercial retail uses within the C -0 Zone in the Downtown Specific Plan Area ONLY. ATTACHMENT: 1. Resolution PC -99- 2. City Council Staff Report dated July 9, 1999 0001-1-1 RESOLUTION NO. PC- 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF MOORPARK, ADOPT ZONING CODE AMENDMENT 99 -07 TO AMEND TABLE 17.20.060 TO PERMIT LIMITED COMMERCIAL RETAIL FACILITIES WITHIN THE C -0 (COMMERCIAL OFFICE) ZONE ONLY WITHIN THE BOUNDARIES OF THE DOWNTOWN SPECIFIC PLAN. WHEREAS, Public Notice having been given in time, form, and manner as required by law, the Planning Commission of the City of Moorpark held a Public Hearing to consider Zone Code Amendment 99 -07 on August 9, 1999. WHEREAS, at its public hearings the Planning Commission took testimony from all those wishing to testify on the project, closed the public hearing on the project on August 9, 1999; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and testimony presented to the Planning Commission, including but not limited to, staff reports and staff and public testimony, the Planning Commission hereby makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. That an environmental analysis of the project was considered for Zoning Code Amendment 99 -07 and it has been determined that in compliance with CEQA (Division 13 of the Public Resources Code of the State of California)and the City's CEQA Procedures, the project is exempt. ZONE CODE AMENDMENT FINDINGS: 3. The approval of Zone Code Amendment consistent with the City's General Specific Plan AND Zoning Code. 4. Adoption of Zoning Code Amendment flexibility within the Downtown accommodate limited tourist oriented No. 99 -07 is Plan, Downtown 99 -07 provides Plan area to uses and will M:\ JLibiez\ M\ CodeAmnd \ResoCOuse.sAWNTWNPLN8999.doc ATTACHMENT 1 000.3 Planning Commission Resolution No. PC -99 -07 August 9, 1999 Page 2 assist in the implementation of economic development strategies for the Downtown Plan. SECTION 2. The Planning Commission hereby recommends that the City Council adopt an ordinance to amend the City Zoning Code by amending Table 17.20.060 to incorporate limited commercial retail uses within the C -0 Zone. THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: NAYES: ABSENT: ABSTAIN: PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF AUGUST, 1999. Mark DiCecco, Chairman ATTEST: Celia LaFleur Secretary ATTACHMENTS: A. Zoning Code Amendment Table 17.20.060, amended. 000i�9 17.20.060 17.20.060 Permitted uses in commercial and The key for Table 17.20.060 is as follows: industrial zones. Permitted uses in commercial and industrial zones are (Blank) ♦ Not permitted Permitted by zone clearance set out in Table 17.20.060. Note: All uses located in the M -1 and M -2 zones which • Planning commission - approved planned at the property line are adjacent to residentially zoned prop- 0 development permit City council - approved planned development erty shall require a city council - approved conditional use I permit permit prior to occupancy of the building. O Planning commission- approved conditional ® use permit City council - approved conditional use permit Alcoholic beverages Administrative permit required • Temporary use permit Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES Naorpwk 12.98) 314 0001A .10 ATTACHMENT A C2 Airfields and landing pads and strips, private CO C1 CPD M1 O M2 I C -OT Airports O O O O Alcoholic beverages Establishments selling beer and/or wine with an eating place 0 0 0 0 0 0 Establishments selling alcoholic beverages other than beer and wine with an eating place E Amusement and recreational facilities (see definitions in Ch. 17.08) O 0 Amusement parks and carnivals O O Arcades O O Batting cages and golf driving ranges, indoor O O Bicycle racing tracks, outdoor O O Health club/gymnasium (see definitions) 0 40 O Martial arts and dance studios 0 0 O Motion picture theaters, outdoor (drive -in) O O Racetracks (for motorized vehicles), shooting ranges and stadiums PROHIBITED Art ¢alleries, museums 10 0 O 0 Automobile repair, including component repair Automobile service stations Banks and related financial offices and institutions Barber, hairstylists, manicurist Tanning center Bars, taverns and nightclubs' O O Botanical gardens 0 Care facilities: For 7 or more persons' (see also H&SC and W&IC) O • Dayu Intermediate and residential • • O • O • • Care facilities: For 9 or more persons (Day) O Car washes, self - service or automatic O O O Cemeteries, columbaria and mausoleums O O O Crematoria, accessory O O O Churches, synagogues and other buildings used for religious worships O • • O O Clubhouses O • O 0 0 O 0 With alcoholic beverages 0 O O O O Club project, temporary outdoor O O O O Naorpwk 12.98) 314 0001A .10 ATTACHMENT A 17.20.060 C2 CO C1 CPD M1 M2 Crop Production• ♦ ♦ ♦ ♦ Firewood operations O O Uses and swicures, accessory Dwelling, farm worker (maximum one per lot) O O Fuel storage• Offices O O 3141 (MOMprt 9-M 0®01 ji-I Communications facilities Radio and television broadcasting stations Conference center /convention center Contractor service and storage yards and buildings Crop production' Firewood operations Uses and structures, accessory Dwelling, farm worker (maximum one per lot) Fuel storage` Offices Packing, preliminary processing, or storage of crops: Without structures' Produce stands, retail' Dog and cat grooming Dressmaking and tailor shops Drilling, temporary geologic (testing only) Dwelling for superintendent or owner Dwelling, caretaker Education and training Colleges and universities Schools: Elementary and secondary (nonboarding only)" Schools: Professional, vocational, art, craft and self - improvement Energy production from renewable sources Festivals and similar events, temporary outdoor Government buildings, excluding correctional institutions Fire stations Libraries and information center Grading' Within an overlay zone Grading not in conjunction with a development project Less than 5,000 cubic yards More than 5,000 cubic yards Health club/gymnasium (see definitions) Health services such as professional offices and outpatient clinics Ambulance services Hospitals Pharmacy, accessory retail. for prescription pharmaceuticals only Hotels, motels and bed- and- btvakfast inns Kennels (animal hospitals, boarding and grooming - -small animals) Laboratories: research and scientific Medical and dental Laundry service (laundromats) Laundry service (light) Libraries and information center Manufacturing associated with crafts and artisans Assembly, exhibits, demonstration Manufacturing industries Apparel and related products Dressmaking and tailor shops 315 1- _0060 uA CJ • • • C2 O • • O O CO C1 CPD M1 M2 I C -OT O O O O O 0 0 O • • O O • O O O • (Moorpurt 12.96) 0001. O O O O O O • O • O O O O • O • • • • • O O O • • O O O O O • • • • • O • • • O O O SEE CHAPTER 17.36 uA CJ • • • O O O • • O O O O O • O (Moorpurt 12.96) 0001. 17.20.060 Chemicals, gases and related products (see definitions), excluding nerve gas Drugs, pharmaceuticals, perfumes, cosmetics and the like Soaps, detergents and cleaners Electrical and electronic machinery, equipment and supplies Batteries Household appliances Transmission and distribution equipment, and industrial apparatus Food and related products Alcoholic beverages Bakery products Meat, seafood and poultry packing plants Slaughtering; refining and rendering of animal fats and oils Sugar refining Furniture and related fixtures Instruments: measuring, analyzing and controlling Jewelry, silverware and plated ware Laundry service— laundromats' Laundry service — light Laundry service — heavy' Leather and leather products Tanning, curing and finishing of hides and skins Lumber and wood products and processes Cabinet work Plywood, particleboard and veneer manufacture; wood preserving Sawmills and planing mills Machinery, except electrical Office, computing and accounting machines Metal industries, primary Rolling, drawing and extruding Metal products, fabricated Ammunition Machine shops Plating, polishing, anodizing, engraving and related operations Musical instruments, including pianos and organs Paper and related products Products from paper and paperboard, including containers Pens, pencils and other office and artists' materials Personal goods Petroleum refining and related industries Photographic, medical and optical goods, and watches and clocks Printing, publishing and related industries Print shops (up to 1,500 sq. R of gross floor area) Rubber and plastics products Tire retreading and recapping Signs and advertising displays Stone, clay and glass products Asbestos products Cement, concrete and plaster, and products fabricated therefrom Glass and glassware, pressed and blown, including flat glass Wooryrk 12 -9e) 316 C2 CO C1 CPD M1 M2 I C -OT • • O O • O • O • O r• L� • 0001,13 • O • O • • • O • O • O O 0001,13 Glass products, made of purchased glass Rock crushing and sandblasting plants Textile mill products Tobacco products Toys and amusement, sporting and athletic goods Transportation equipment Motorcycles, bicycles and related parts Martial arts and dance studios Mineral resource development Mining and accessory uses' Less than 9 months in duration Public works maintenance Oil and gas exploration and production' Motion picture and TV production, and related activities and structures Temporary (maximum 47 days in any 180 -day period)" Offices: business, professional and administrative, except health and veterinary Optical goods Organizations (professional, religious, political, labor, trade, youth, etc.) Parks — public Parking lots Pharmacy, accessory retail, for prescription pharmaceuticals only Photocopy /quick printers Photofinishing (1 -hour photo) Pipelines and transmission lines, aboveground Produce stands, retail Propulsion (engine) testing Public utility facilities Offices only Service yards Recording studios and sound stages Rental and leasing of durable goods Bicycle rental Repair and reconditioning services Automobile body work and painting Automobile repair, including component repair Electrical and electronic machinery and equipment Heavy machinery repair, including trucks, tractors and buses Instruments. including musical instruments Office, computing and accounting machines Photographic and optical goods Repair of personal goods such as jewelry, shoes and saddlery Restaurants, cafes and cafeterias Restaurants, cafes and cafeterias' temporary outside eating Retail trade (see definitions in Chapter 17.08) includes retail -only nurseries and excludes lumber and building materials sales yards. pawnshops and liquor stores Outdoor sales area Outdor sales area temporary A_ ntiQue store 317 ".u60 C2 CO C1 CPD M1 M2 I C -OT • • • O • • ♦io • (Moorpark 12.96) 0001,A� O O O O O O O O O O O ♦ ♦ ♦ ♦ ♦ • • • • • O • O O • • • • • O • • O O O O O O O O O O O • • • • • O • • O • O O O O O • O O • O O O O O • • • • • • • ♦io • (Moorpark 12.96) 0001,A� 17.20.060 Retail trade (see definitions) Christmas tree sales' Feed stores Lumber and building materials sales yards Mail order houses (nonstore) Motor vehicle, mobilehome, recreational vehicle and boat dealers' Nurseries Uses and structures, accessory Outdoor sales and services, temporary' (see definitions) Repair of products retailed Salvage yards, including automobile wrecking yards Service establishments Business (see definitions) Auction halls, not involving livestock Disinfecting and exterminating services Exhibits, building of Sign painting and lettering shops Personal (see definitions) Signs (See also Section 17.20.040 and Chapter 17.40) Freestanding off -site advertising signs Swap meets Taxidermy Transportation services (see definitions) Bus and train terminals Stockyards, not primarily for fattening or selling livestock Truck storage, overnight Trees and native vegetation: removal, relocation or damage' Within an overlay zone Uses and structures, accessory Dwelling, for superintendent or owner Dwelling, caretaker Game machines: three or fewer Recreational facilities, restaurants and cafes: for employees only Retail sale of products manufactured on -site Temporary buildings during construction' Vaccination clinics, temporary, for pet animals' Veterinary clinics, pet animals only' Warehousing and storage, including ministorage Automobile impound yards; dead storage of trucks, buses and the like Building materials, movers' equipment and the like: indoor Outdoor Fertilizer and manure Hazardous materials; including pesticides and herbicides Petroleum and gas (butane, propane, LPG, etc.); explosives and fireworks Recreational vehicles Storage of building materials, temporary' Waste treatment and disposal (see definitions) Recycling facilities and centers Water production, storage and distribution facilities: Private purveyors`.' (MoorWk 12M) 318 C2 CO C1 CPD M1 M2 I C -OT O O O • • O O SEE PRINCIPAL USE SEE CHAPTER 17.36 SEE PRINCIPAL USE O O O O O O O O • O O O O O • • O O O O O O • O • O O SEE CHAPTER 17.36 SEE PRINCIPAL USE O O O O O O • • • O • O O O O ♦ ♦ O 0001,x5 O O • • • O • O O O O ♦ ♦ O 0001,x5 Wholesale trade Zoological gardens, animal exhibits and commercial aquariums I - _0 060 C2 CO C1 CPD M1 M2 1 C -OT • 0 O 0 Notes for Table 17.20.060: 1. There are specific regulations for this use; see Chapter 17.28. 2. If there is an existing planned development permit for the site, the school facility could be permitted by approval of a modification to the existing permit. 3. For M -1, M -2 and C -O zones, a school facility would only be permitted where sponsored by or permitted within an industrial or commercial use on the same site. 4. See also Section 17.20.040. 5. Churches located in existing buildings with an approved planned development permit will require a modification to that permit. 6. If existing industrial building has approved IPD, restaurant will require approved minor modification to IPD. 7. Restaurants with temporary outside eating facilities shall receive a modification to the planned development permit. 8. Most public water facilities are exempt from these regulations. 9. The establishment must be an otherwise permitted or conditionally permitted use in the zone. 10. Applicable only to those properties within the boundaries of the Downtown Specific Plan that a (Ord. 247 § 1(E), 1998: Ord. 234 § 2, 1997; Ord. 233 § 3, 1997; Ord. 209 § 3, 1995; Ord. 200 § 3 (part). 1994; Ord. 189 § 3 (8105 -5), 1994) 318 -1 (MOOMwk 12 -99) 0001' -0 CITY OF MOORPARK AGENDA REPORT TO: Honorable City Council FROM: Wayne Loftus, Acting Director of Community Development Prepared by: John Libiez, Principal Planner Date: May 21, 1999 (For CC Meeting of June 2, 1999) SUBJECT: CONSIDER ADOPTION OF A RESOLUTION DIRECTING PLANNING COMMISSION TO SET A PUBLIC HEARING AND PROVIDE A RECOMMENDATION ON A CODE AMENDMENT RELATED TO PROVISION FOR RETAIL COMMERCIAL USES WITHIN THE COMMERCIAL OFFICE (C -0) ZONE WITHIN THE DOWNTOWN SPECIFIC PLAN AREA BACKGROUND: At their May 19, 1999, meeting City Council requested that a resolution be prepared for the June 2, 1999, meeting directing the Planning Commission to consider appropriate amendments to the Zoning Code related to allowing limited commercial uses in the Commercial Office (C -0) zoning designation within the Downtown Specific Plan area. Adoption of the attached resolution will direct the Planning Commission to initiate the appropriate study, and hearings in order to amend the Zoning Code. DISCUSSION: The attached Resolution for Council consideration will direct the Planning Commission to consider limited retail commercial uses in the Commercial Office zone within the Downtown Specific Plan area. STAFF RECOMMENDATION Adopt Resolution 99- ATTACHMENT: A. Resolution 99- 00011:7 M:\ JLibiez\ M\ CodeAmnd \stffreportCOusesDSP6299.doc ATTACHMENT 2 RESOLUTION NO. 99 -1618 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION TO STUDY, SET A PUBLIC HEARING AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO REVISIONS TO TITLE 17 OF THE ZONING CODE, TO CONSIDER INCLUSION OF LIMITED RETAIL COMMERCIAL USES IN THE COMMERCIAL OFFICE DISTRICT [C -0] WITHIN THE DOWNTOWN SPECIFIC PLAN AREA. WHEREAS, Section 17.60.020 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation within a reasonable time., NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby authorize the initiation of proceedings to consider amendments to revise the Zoning Code for the purpose of considering adding limited retail commercial uses in the Commercial Office Zone areas within the Downtown Specific Plan Area. SECTION 2. That the Planning Commission is hereby directed to study, set a public hearing, and provide a recommendation to the City Council pertaining to amendments to the City of Moorpark Zoning Code for the Purpose of considering additions to the matrix of allowable uses within the Commercial Office Zone which would permit limited retail or specialty shops within the Commercial Office Zone solely within the Downtown Specific Plan area. 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. 0001•.;-9 Resolution No. 99 -618 Page 2 PASSED AND ADOPTED this 2nd day of June, 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk M:\ JLibiez\ M\ CodeAmnd \RESOccpcCOzoneuses.doc 0001,-9 rr�vr g• E. CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Planning Commission FROM: Wayne Loftus, Acting Director of Community Developmen4oeo Prepared by: John Libiez, Principal Planner DATE: August 2, 1999 (Meeting of August 9,1999) SUBJECT: CONSIDER AN AMENDMENT TO THE CITY OF MOORPARK ZONING CODE RELATED TO THE PROCESSING OF DEVELOPMENT PROJECTS INVOLVING THE CONVERSION OF RESIDENTIAL USES AND STRUCTURES TO COMMERCIAL AND OFFICE USES WITHIN THE DOWNTOWN SPECIFIC PLAN AREA ONLY, ZONING CODE AMENDMENT 99 -08. BACKGROUND: After considering a report (Attachment 3) from the Community Development Director related to conversion of existing structures and uses to new uses at the February 17, 1999, City Council Meeting, Council referred the issue to the Affordable Housing /Community Development Committee (Mayor Hunter and Council - member Evans)for study and comment. The Affordable Housing /Community Development Committee discussed the matter at its March 24, 1999, meeting and requested staff to prepare a report (Attachment 4)to the City Council concerning the issue. City Council considered the Committee report at the April 21St meeting and directed staff to prepare a resolution (Attachment 5)for Council consideration to refer this issue to the Planning Commission for study and recommendation. At the May 5, 1999, meeting, City Council considered a report from the Affordable Housing /Community Development Committee (Mayor Hunter and Council - member Evans) concerning the processing of projects within the Downtown Specific Plan area. The Committee at Council's request had considered the issue of the procedure currently within the Zoning Code being a potential impediment to use conversion within the Downtown Specific Plan area, and not supportive of efforts to encourage the revitalization of the downtown area. Property owner notice for the public hearing was performed pursuant to provisions of the Zoning Code. M:\ JLibiez\ M\ CodeAmnd\ DWNTWNSPconversionsZCA9908stfrprt .doc Planning Commission Zone Code Amendment August 9, 1999 Page 2 DISCUSSION: Staff Report - Downtown Use Conversions The proposed Zoning Code Amendment, Attachment 1, would modify various sections of the Zoning Code as follows: 1) Section 17.44.030 would be amended to add sub - section e. with specific language related to Downtown Specific Plan Discretionary Permits that would seek to convert residential uses or structures to commercial or commercial office uses. The amendment restricts the application of these conversions to properties within the Downtown Specific Plan area only. This sub- section would designate the Director of Community Development as the approving body for discretionary permits within the Downtown Specific Plan area. The designation of the Community Development Director as the approving authority was previously discussed by City Council and it was suggested as a means to improve the timeliness of application review and approvals in the Downtown area. This decision - making administrative designation is meant to allow timely completion of required processes to stimulate the climate for implementation of economically viable businesses in the Downtown area since only one public hearing is required rather than up to two hearings currently required. 2) Section 17.44.040 would be amended to add language that would establish the fee for Downtown Specific Plan Discretionary Permits at one -half the standard fee for the appropriate discretionary permit, as established by the City Council Resolution setting fees for various development applications, or not more than the actual cost to process the application to finality, whichever is less. For example, the adopted Commercial Planned Development fee is currently $4,400.00. Within the Downtown Specific Plan area the fee would be reduced to $2,200.00. If the actual cost of the processing of the application were $1,800.00, then this amount would constitute the entire processing fee charged to the applicant. This fee language is consistent with the direction provided by the City Council in their prior discussion and OOOiJy Planning Commission Staff Report Zone Code Amendment - Downtown Use Conversions August 9, 1999 Page 3 consideration. Reduced fees can be seen as an incentive to location for some businesses. 3) Section 17.44.050 would have language added to the section that would establish the radius distance for notice and advertising Downtown Specific Plan Discretionary Permits to three - hundred (300) feet. Extensive mailing or advertising increases costs to businesses seeking to relocate within the downtown area. Minimizing fee impacts to potential businesses also allows these businesses to invest in other amenities that could enhance the business such as better quality signage, facade upgrades, or landscaping with associated benefit to the Downtown environment. 4) Section 17.44.090 related to appeals would be amended to include language that would establish the time for appeals to application decisions at ten (10) days rather than sixteen (16) days. This suggested change also removes an error that was left behind by a previous code amendment that referred to a fifteen day period. Also the suggested amendment removes an inconsistency between sub - section A. and sub - section C. regarding permitted filing on the first work day when the filing day falls on a weekend or holiday. The Zoning Code currently contains provisions for appeals. The provisions require that appeals from the director's decisions be heard by the Planning Commission, and that Planning Commission decisions be appealed to the City Council. Downtown Discretionary permit appeals would be heard by the Planning Commission. Staff has determined that the proposed zoning amendment is exempt under the City's CEQA implementation rules. STAFF RECON4ENDATION : 1. Open and Conduct a Public Hearing; 2. Close Public Hearing; 3. Adopt Resolution PC -99- recommending to the City Council approval of an amendment to the Zoning Code to establish an ODU3� ;, Planning Commission Staff Report Zone Code Amendment - Downtown Use Conversions August 9, 1999 Page 4 application process and procedure for conversion of structures and uses within the Downtown Specific Plan area ONLY. ATTACHMENT: 1. Mu 2. 3. 4. 5. Draft Code Amendment to Chapter 17.44 of the nicipal Code Resolution PC -99- City Council Staff Report 2/17/99 City Council Staff Report 4/21/99 City Council Staff Report 5/5/99 000153 DRAFT CODE AMENDMENT DISCRETIONARY PERMITS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA 17.44.030 ENTITLEMENT. A. Discretionary Permits. 1. Types of Discretionary Permits e.(Added)Downtown Specific Plan Discretionary Permits. Discretionary permits within the boundaries of the Downtown Specific Plan that may be required for the conversion of a residential building or use to a commercial use or to a commercial office use. or. to provide entitlements where a previous Planned Development Permit has not been issued, shall be subject to the review and approval of the community development director. Notice and hearing shall be given in the same manner as that required for an Administrative Permit as set forth in Section 17.44.030.A.1.d. The director's decision is subject to an appeal period which shall end ten (10) days after the director's decision is rendered pursuant to Section 17.44.060. Plans similar in content and information to those typically required for a commercial planned development permit shall be prepared and submitted as a portion of the application for all discretionary permits within the Downtown Specific Plan area as established by this section 17.44.040. Filing and processing of application requests. I. 1. Fees. (Amended) Add to the end of the section the following wording: Fees for discretionary applications to convert residential buildings or uses to commercial or commercial office uses within the Downtown Specific Plan area shall not be less than, nor more than, one -half of the scheduled fee established by Resolution of the City Council, and /or shall not exceed the actual cost of the processing of the application to its completion, whichever is less 17.44.050 Notice and hearing procedure. A. Notice. 3. d. (Amended). The owners of real property situated within a radius of one thousand (11000) feet, with exception of discretionary permits identified by Section 17.44.030.A.1.e. within the Downtown Specific Plan area, or a variance requests associated with one (1) single- family residential dwelling unit, each of which shall have a distance requirement of three - hundred (300) feet of the exterior boundaries of the assessor's parcel(s) which is the subject of the application. Names and addresses shall be obtained by the applicant from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one - eighth page advertisement published at least ten (10) days prior to the hearing in a newspaper of general circulation may be substituted for the direct mailing. 17.44.090 Appeals. Amend only the first sentence within sub - section A. as follows: A. General. Unless otherwise prescribed by law, an application for an appeal concerning any order, requirement, permit or decision made in the administration of this title may be filed by an aggrieved party within wix­eaa-- E-�.}, ten (10 ) days after the alleged decision - making error, or on the following work day if the ^�,tee tenth day falls on a weekend or holiday. C. Appeal Period. The appeal period for appeals to city decision - making authorities shall end ten (10) days after the decision being appealed is rendered pursuant to Section 17.44.060, or on the following work day if the `r=e ;. tenth da falls on a y �rwa�}�. weekend day or holiday. M:\ JLibiez\ M\ CodeAmnd \ZCAdirectorapproveDSPapps.doc ATTACHMENT 1 001% RESOLUTION NO. PC- 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF MOORPARK, ADOPT ZONING CODE AMENDMENT 99 -08 TO AMEND CHAPTER 17.44, ENTITLEMENT - PROCESS AND PROCEDURES, TO ESTABLISH PROVISIONS FOR DOWNTOWN SPECIFIC PLAN DISCRETIONARY PERMITS, AMEND NOTICE REQUIREMENTS RELATED TO SAID PERMITS, ESTABLISH APPEALS OF SAID PERMITS, AND ESTABLISH FEE GUIDELINES FOR SUCH PERMITS WHEREAS, Public Notice having been given in time, form, and manner as required by law, the Planning Commission of the City of Moorpark held a Public Hearing to consider Zone Code Amendment 99 -08 on August 9, 1999. WHEREAS, at its public hearings the Planning Commission took testimony from all those wishing to testify on the project, closed the public hearing on the project on August 9, 1999; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and testimony presented to the Planning Commission, including but not limited to, staff reports and staff and public testimony, the Planning Commission hereby makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. That an environmental analysis of the project was considered for Zoning Code Amendment 99 -08 and it has been determined that in compliance with CEQA (Division 13 of the Public Resources Code of the State of California)and the City's CEQA Procedures, the project is exempt. ZONE CODE AMENDMENT FINDINGS: 3. The approval of Zone Code Amendment No. 99 -08 is consistent with the City's General Plan AND Zoning Code. 4. Adoption of Zoning Code Amendment 99 -08 provides for a process and procedure for the review and consideration M:U Libiez\ WCodeAmnd lresoZCA9908DSPpemzits.doc 0001- 5 ATTACHMNT 2 Planning Commission Resolution No. PC -99 -08 August 9, 1999 Page 2 of discretionary permits within the Downtown Specific Plan Area, necessary to implement portions of the Downtown Specific Plan economic development strategies. SECTION 2. The Planning Commission hereby recommends that the City Council adopt an ordinance to amend the City Zoning Code by amending Chapter 17.44 to provide language related to discretionary permits within the Downtown Specific Plan area. THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: NAYES: ABSENT: ABSTAIN: PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF AUGUST, 1999. ATTEST: Celia LaFleur Secretary Mark DiCecco, Chairman 0001 -6 CITY OF MOORPARK AGENDA REPORT TO: The Honorable City Council FROM: Nelson Miller, Director of Community DevelopmentlL DATE: February 9, 1999 (For CC Meeting of February 17, 1999) SUBJECT: Consider Permit Processing Policies Related to New Uses Proposed in Existing Buildings 1O W-11-16 -7 T-) 9 A report on permit processes was requested, especially related to new uses in existing buildings. Pursuant to City Codes most uses are subject to the approval of a Planned Development Permit prior to the initiation of the use, but are allowed as a matter of right. They are subject to site plan review and may be conditioned to assure compliance with the requirements and purposes of the Zoning Code. City policy for structures where there is already an existing approved Planned Development Permit, has been to review the same use or similar uses through a Zoning Clearance. Uses which have special requirements or different requirements, such as additional parking or a change in the exterior appearance of the building, have typically been reviewed through a modification to the permit. The notes to Table 17.20.060 in the Zoning Code, "Permitted Uses in Commercial and Industrial Zones ", specifically reference certain uses, such schools, churches, restaurants, and temporary outside eating facilities as requiring a modification to the Planned Development Permit. Older''buildings, particularly in the Downtown area do not have an approved Development Permit and may not comply with current Code requirements. Generally the same use, such as retail sales, has been reviewed through a Zoning Clearance. However, other uses which were permitted by a Development Permit, particularly which may have different parking requirements, involve a charge in the exterior appearance of the building, or other ®off" .1 ATTACHMENT Permit Processes February 17, 1999 Page 2 requirements, have been required to Permit, since there was not an original permit a Develop. separate fee was established for this category ermit to modify. a ago, which was similar to g. �' a couple of years a Conditional Use Permit and considerably less than a major modification fee. Conversion of a structure from one use to another, conversion of residential structures particularly io mere such as frequently involves considerable staff time, similar udevelopment. to a new It has been suggested several times, particularly during consideration of the Downtown Specific Plan, that a different permit process be provided for new uses in existing commercial buildings, where a Development Permit does not currently exist. The existing processes provided in the Code, other than the Development Permit and modifications, include Administrative Permits and Zoning Clearances. ministerial permits which certify that Zoning are i n acompliance with the Codes. If it is intended to condition projects, then a an Administrative Permit or other type of permit would be more appropriate. Administrative Permits are discretionary permits subject to the approval of the Community Development Director. Uses subject to these permits are also essentially permitted, but subject to site plan review by staff. They require a mailed notice to property owner within three hundred feet at least ten days prior to a determination. If Administrative Permits are intended to be utilized for review of commercial uses, the fee deposit schedule probably should also be reviewed for such permits. If it • is intended for uses to be discretionary, then a Conditional Use Permit is a more appropriate mechanism. Currently, Conditional Use Permits require a public hearing and full notices with determinations made by either the Planning Commission or City Council. Other cities also provide other types of permits, such as Minor Development Permits, or even Minor Conditional UAe Permits which are approved at a staff level. Minor Development Permits could involve similar requirements to existing Development Permits, or reduced submittal requirements, but be subject to review at a staff level, rather than by Planning Commission or City Council. Minor Conditional Use Permits would still typically require a notice to surrounding property owners, while Minor Development Permits would not necessarily require notice. M:\ gMilllr \M \CCrpti \PtrmitProc.doc 00013S Permit Processes February 17, 1999 Page 3 Changing the type of permit processes or implementing new t of Permits would require aii amendment to the Zoning Codes Council may direct initiation of a Code Amendment for consideration and recommendations to. City Council by the Planning Commission. Based upon previous discussions with the City Attorney new procedures in the Code may also be required to designate a Zoning Administrator for action on certain type of permits with appeals directly to Planning Commission. City Council rather than • 11 .. - • ■ Direct staff as deemed appropriate. N'\ NMill*r \N \CCrpts \PsrnitProc -doc 000ir-9 ITEM 1 O . I . AGENDA REPORT CITY OF MOORPARK To: Honorable Mayor and City Council From: Wayne Loftus, Acting Director of Community Developmen�� Date: April 7, 1999 (CC meeting of 4/21/99) Subject: CONSIDER REPORT FROM THE AFFORDABLE HOUSING /COMMUNITY DEVELOPMENT COMMITTEE (MAYOR HUNTER /COUNCILMMCBER EVANS) ON PROCESSING PROJECTS IN THE DOWNTOWN SPECIFIC PLAN ARRh BACKGROUND: The City Council on a number of occasions has discussed alternatives for processing of proposed land use changes requested to occur by converting existing structures and site improvements for a new use. On February 17, 1999, the City Council reviewed a report prepared by the Director of Community Development, concerning the current process that development projects including use conversions are required to comply with under the provisions of the Zoning Ordinance. After discussing the report, Council referred the item to the Affordable Housing /Community Development Committee to address conversion issues and report back to the Council. DISCUSSION: On March 24, 1999, the Affordable Housing /Community Development Committee (Mayor Hunter /Councilmember Evans) received and discussed the report on Permit Processing Policies Related to New Uses Proposed in Existing Buildings (Attachment), that had been referred from the City Council meeting of February 17, 1999. Although this report did not propose specific alternatives to the current processing requirements for new or existing developments to be converted to other uses, it was a complete review of the current procedure and, observation of some alternatives that other communities have implemented. IMR- PM- SERVIF+oAIE_FOLDER SPAw - Uw1doc 000160 ATTACHMENT 4 Honorable Mayor and City Council Downtown Specific Plan Area April 7, 1999 Page 2 As noted by this report referred from City Council (Attachment "A") the Zoning Ordinance currently states the process required for new development of various types and intensity and has been the foundation to gain approval of the conversion of uses where the required entitlement (i.e. Commercial Planned Development Permit) is not in place. The time and cost involved in gaining entitlements for conversion of existing buildings and uses, which are no longer economically viable or desirable in a particular location may be an impediment to such conversion. Therefore, many uses and structures particularly in the Downtown Specific Plan Area along Moorpark Avenue have been reluctant to pursue entitlement for office, or commercial uses. This area is designated under the recently adopted Downtown Specific Plan for office and commercial uses. As a result, implementation of the Downtown Specific Plan may be less viable than if there were an incentive to establish new uses, such as a simplified process for review of use conversions. In an effort to facilitate use changes, especially in the Downtown Specific Plan Area, the Affordable Housing /Community Development Committee recommends the following alternative that is suggested to be applied on a "trial basis" for the conversion of existing buildings to a commercial or office uses. The initial application of this alternative process involves the conversion of an existing single family residence at 116 Moorpark Avenue to a dentist office. The process proposed by the Affordable Housing /Community Development Committee for conversion of uses and structures in the Downtown Specific Plan Area involves: 1. Process a Commercial Planned Development Permit consistent with Code provisions. 2. City Council authorizes the Director of Community Development to render a decision concerning the Commercial Planned Development, which is currently decided by City Council upon a recommendation by the Planning Commission. 3. The fee deposit for the entitlement shall be 50% of the current established fee for a Commercial Planned Development (Existing Building - $4,400 x 50% = $2,200) and shall be capped at this amount or actual processing costs (hours of staff time), whichever is less. \ MOR PRI SERV+ OAE-F SP Area • USNAM 000101 Honorable Mayor and City Council Downtown Specific Plan Area April 7, 1999 Page 3 4. An Office Hearing shall be held by the Community Development Director, preferably near the end of the workday to accept testimony from interested citizens and the applicant. 5. Notification of the date, time, location and subject matter of the Office Hearing shall be given to owners of property consistent with current requirements. Notification for this process (Commercial Planned Development) requires: • Newspaper legal and posting of the site; notification to other agencies and U.S. mail notice to the owners of all real property situated within a radius of l000 feet. 6. This process shall apply only to existing developed lots where there is a proposal for conversion of use (residential to office or commercial). 7. All development standards and design criteria required by the Zoning Ordinance or other policy documents shall apply. 8. All Uniform Building Codes and Engineering Standards shall apply. The Affordable Housing /Community Development Committee in recommending this procedure is concerned in responding to the City Council request as well as the request from Dr. Sanchez, who desires to establish his dentist practice at 116 Moorpark Avenue. Staff within the last six months, at the direction of City Council implemented a modified approach concerning the conversion of a residence /beauty parlor to an office use for Tender Loving Care (TLC) Hospice Administrative Offices, at 448 Moorpark Avenue. In this case, there was a combination of uses, both office and a residence, which resulted in the Zoning Clearance procedure being utilized to accomplish consistency with appropriate code requirements. The applicant completed landscaping, parking and building code improvements in order to convert the existing structure to full office use, prior to the granting of authorization of the use. Because of the definitive nature of the Zoning Ordinance, particularly relating to. the establishment of uses and the past t\MM PRI_SERVI OE FOU)ER SP Area - Uses.dm 0 0 Q 1 G2 Honorable Mayor and City Council Downtown Specific Plan Area April 7, 1999 Page 4 strict adherence to the code requirements, including for the conversion of existing buildings, amendment of the Zoning Ordinance is necessary to implement a new entitlement process. Based upon the construction of the Zoning Ordinance the City Council is unable to authorize another decision making body or City Official to render a decision on an item unless the code is amended through a public hearing by the Planning Commission and City Council to reflect the proposed change. If the City Council determines that alternative entitlement processing procedures should be implemented, the City Attorney has suggested that responsible parties for decision making be established by resolution. Identification of recommending and decision making bodies for entitlement processing through adoption of a resolution provides flexibility to easily shape the decision making authority to meet the needs of the City. If the City Council desires to create the alternative entitlement processing procedure outlined by this report, referral to the Planning Commission with direction to initiate a code amendment would be appropriate. RECOMMENDATION: Direct staff as deemed appropriate. ATTACHMENT: City Council Staff Report dated 2/9/99 (New Uses in Existing Buildings) IWM PRI SERVHCM —F SP Area - Uses.doc 0001G3 ITEM 11 - I • AGENDA REPORT CITY OF MOORPARK TO: Honorable City Council FROM: Wayne Loftus, Acting Director of Community Deyelopment/O-Z. Prepared by: John Libiez, Principal Planner -�_- DATE: April 23, 1999 ( For 5/5/99 Meeting) SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 99- DIRECTING PLANNING COMMISSION TO PROVIDE RECOMMENDATION ON A CODE AMENDMENT RELATED TO PROCESSING OF DEVELOPMENT PROJECTS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA. BACKGROUND: At the April 21, 1999, meeting, City Council considered a report and recommendation from the Affordable Housing /Community Development Committee (Mayor Hunter /Councilman Evans) concerning the review of development projects in the Downtown Specific Plan area. Council directed staff to return a resolution for consideration that would direct Planning Commission to initiate appropriate study, and hearings in order to amend the Zoning Code to incorporate an entitlement processing procedure for the Downtown Specific Plan area. DISCUSSION: Attached is a resolution for Council consideration to direct Planning Commission related to initiate this code amendment. STAFF RECONNMNDATION• Adopt Resolution No. 99- ATTACHMENT: A. Resolution No. 99- 0002%1J' d ATTACHMNT 5 RESOLUTION NO. 99- A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION TO STUDY, SET A PUBLIC HEARING AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO REVISIONS TO TITLE 17 OF THE ZONING CODE, TO DEVELOP REGULATIONS RELATED PROCESSING OF DEVELOPMENT PROJECTS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA WHEREAS, Section 17.60.020 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation within reasonable time. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby authorize the initiation of proceedings to consider amendments to revise the Zoning Code for the purpose of considering adding regulations and standards relating to procedures for the review and approval of development projects located within the Downtown Specific Plan boundaries. SECTION 2. That the Planning Commission is hereby directed to study, set a public hearing, and provide a recommendation to the City Council pertaining to amendments to the City of Moorpark Zoning Code for the purpose of considering adding regulations and standards relating to procedures for the review and approval of development projects located within the Downtown Specific Plan boundaries. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution. 0001GS Resolution No. 99- Page 2 PASSED AND ADOPTED this 21st day of April 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 0001Gr ATTACHMENT " E " Planning Commission Staff Report ZOA 99 -08 Conversion of uses from Residential to Commercial or Office Use within the Downtown Specific Plan Area 000ZU` y MOORPARK, CALIFORNIA CITY OF MOORPARK PbMft Cm�1 M,i,*G PLANNING COMMISSION Of AGENDA REPORT ACTION. TO: Planning Commission w M1D C� FROM: Wayne Loftus, Acting Director of Community Development` ' Prepared by: John Libiez, Principal Planner ��✓ DATE: August 2, 1999 (Meeting of August 9,1999) SUBJECT: CONSIDER AN AMENDMENT TO THE CITY OF MOORPARK ZONING CODE RELATED TO THE PROCESSING OF DEVELOPMENT PROJECTS INVOLVING THE CONVERSION OF RESIDENTIAL USES AND STRUCTURES TO COMMERCIAL AND OFFICE USES WITHIN THE DOWNTOWN SPECIFIC PLAN AREA ONLY, ZONING CODE AMENDMENT 99 -08. BACKGROUND: After considering a report (Attachment 3) from the Community Development Director related to conversion of existing structures and uses to new uses at the February 17, 1999, City Council Meeting, Council referred the issue to the Affordable Housing /Community Development Committee (Mayor Hunter and Council - member Evans)for study and comment. The Affordable Housing /Community Development Committee discussed the matter at its March 24, 1999, meeting and requested staff to prepare a report (Attachment 4)to the City Council concerning the issue. City Council considered the Committee report at the April 21St meeting and directed staff to prepare a resolution (Attachment 5)for Council consideration to refer this issue to the Planning Commission for study and recommendation. At the May 5, 1999, meeting, City Council considered a report from the Affordable Housing /Community Development Committee (Mayor Hunter and Council - member Evans) concerning the processing of projects within the Downtown Specific Plan area. The Committee at Council's request had considered the issue of the procedure currently within the Zoning Code being a potential impediment to use conversion within the Downtown Specific Plan area, and not supportive of efforts to encourage the revitalization of the downtown area. Property owner notice for the public hearing was performed pursuant to provisions of the Zoning Code. M:\ JLibiez\ M\ CodeAmnd\ DWNTWNSPconversionsZCA9908stfrprt .doc Planning Commission Zone Code Amendment August 9, 1999 Page 2 DISCUSSION: Staff Report - Downtown Use Conversions The proposed Zoning Code Amendment, Attachment 1, would modify various sections of the Zoning Code as follows: 1) Section 17.44.030 would be amended to add sub - section e. with specific language related to Downtown Specific Plan Discretionary Permits that would seek to convert residential uses or structures to commercial or commercial office uses. The amendment restricts the application of these conversions to properties within the Downtown Specific Plan area only. This sub- section would designate the Director of Community Development as the approving body for discretionary permits within the Downtown Specific Plan area. The designation of the Community Development Director as the approving authority was previously discussed by City Council and it was suggested as a means to improve the timeliness of application review and approvals in the Downtown area. This decision - making administrative designation is meant to allow timely completion of required processes to stimulate the climate for implementation of economically viable businesses in the Downtown area since only one public hearing is required rather than up to two hearings currently required. 2) Section 17.44.040 would be amended to add language that would establish the fee for Downtown Specific Plan Discretionary Permits at one -half the standard fee for the appropriate discretionary permit, as established by the City Council Resolution setting fees for various development applications, or not more than the actual cost to process the application to finality, whichever is less. For example, the adopted Commercial Planned Development fee is currently $4,400.00. Within the Downtown Specific Plan area the fee would be reduced to $2,200.00. If the actual cost of the processing of the application were $1,800.00, then this amount would constitute the entire processing fee charged to the applicant. This fee language is consistent with the direction provided by the City Council in their prior discussion and 0001c;g Planning Commission Staff Report Zone Code Amendment - Downtown Use Conversions August 9, 1999 Page 3 consideration. Reduced fees can be seen as an incentive to location for some businesses. 3) Section 17.44.050 would have language added to the section that would establish the radius distance for notice and advertising Downtown Specific Plan Discretionary Permits to three - hundred (300) feet. Extensive mailing or advertising increases costs to businesses seeking to relocate within the downtown area. Minimizing fee impacts to potential businesses also allows these businesses to invest in other amenities that could enhance the business such as better quality signage, fagade upgrades, or landscaping with associated benefit to the Downtown environment. 4) Section 17.44.090 related to appeals would be amended to include language that would establish the time for appeals to application decisions at ten (10) days rather than sixteen (16) days. This suggested change also removes an error that was left behind by a previous code amendment that referred to a fifteen day period. Also the suggested amendment removes an inconsistency between sub - section A. and sub - section C. regarding permitted filing on the first work day when the filing day falls on a weekend or holiday. The Zoning Code currently contains provisions for appeals. The provisions require that appeals from the director's decisions be heard by the Planning Commission, and that Planning Commission decisions be appealed to the City Council. Downtown Discretionary permit appeals would be heard by the Planning Commission. Staff has determined that the proposed zoning amendment is exempt under the City's CEQA implementation rules. STAFF RECOMMENDATION: 1. Open and Conduct a Public Hearing; 2. Close Public Hearing; 3. Adopt Resolution PC -99- recommending to the City Council approval of an amendment to the Zoning Code to establish an 0001 -10 Planning Commission Staff Report Zone Code Amendment - Downtown Use Conversions August 9, 1999 Page 4 application process and procedure for conversion of structures and uses within the Downtown Specific Plan area ONLY. ATTACHMENT: 1. Draft Code Amendment to Chapter 17.44 of the Municipal Code 2. Resolution PC -99- 3. City Council Staff Report 2/17/99 4. City Council Staff Report 4/21/99 5. City Council Staff Report 5/5/99 0001;1 DRAFT CODE AMENDMENT DISCRETIONARY PERMITS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA 17.44.030 ENTITLEMENT. A. Discretionary Permits. 1. Types of Discretionary Permits e.(Added)Downtown Specific Plan Discretionary Permits. Discretionary ermits within the boundaries of the Downtown Specific Plan that may be required for the conversion of a residential building or use to a commercial use or to a commercial office use. or. to provide entitlements where a previous Planned Development Permit has not been issued, shall be subject to the review and approval of the community development director. Notice and hearing shall be given in the same manner as that required for an Administrative Permit as set forth in Section 17.44.030.A.1.d. The director's decision is subject to an appeal period which shall end ten (10) days after the director's decision is rendered pursuant to Section 17.44.060. Plans similar in content and information to those typically required for a commercial planned development permit shall be prepared and submitted as a portion of the application for all discretionary permits within the Downtown Specific Plan area as established by this section. 17.44.040. Filing and processing of application requests. I. 1. Fees. (Amended) Add to the end of the section the following wording: Fees for discretionary applications to convert residential buildings or uses to commercial or commercial office uses within the Downtown Specific Plan area shall not be less than, nor more than, one -half of the scheduled fep established by Resolution of the City Council, and /or shall not exceed the actual cost of t- h,- processing of the application to its completion, whichever is less. 17.44.050 Notice and hearing Procedure. A. Notice. 3. d. (Amended;. The owners of real property situated within a radius of or.e thousand (i_30) feet, with exception of discretionary permits idea *ifie� �y Section 17.44.030.A.1.e. within the Downtown Specific Plan area, or a variance requests associated with one (1) single - family residential dwelling unit, each of which shall have a distance requirement of three - hundred (300) feet of the exterior boundaries of the assessor's parcel(s) which is the subject of the application. Names and addresses shall be obtained by the applicant from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one - eighth page advertisement published at least ten (10) days prior to the hearing in a newspaper of general circulation may be substituted for the direct mailing. 17.44.090 Appeals. Amend only the first sentence within sub - section A. as follows: A. General. Unless otherwise prescribed by law, an application for an appeal concerning any order, requirement, permit or decision made in the administration of this title may be filed by an aggrieved party within ten (10) days after the alleged decision - making error, or on the following work day if the r-�th tenth day falls on a weekend or holiday. C. Appeal Period. The appeal period for appeals to city decision- making authorities shall end 64:mteeR (16; ten (10) days after the decision being appealed is rendered pursuant to Section 17.44.060, or on the following work day if the 44te f tenth day falls on a weekend day or holiday. 0001_1,__, M:\ JLibiez\ M\ CodeAmnd \ZCAdirectorapproveDSPapps.doc ATTACHMENT 1 RESOLUTION NO. PC- 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF MOORPARK, ADOPT ZONING CODE AMENDMENT 99 -08 TO AMEND CHAPTER 17.44, ENTITLEMENT - PROCESS AND PROCEDURES, TO ESTABLISH PROVISIONS FOR DOWNTOWN SPECIFIC PLAN DISCRETIONARY PERMITS, AMEND NOTICE REQUIREMENTS RELATED TO SAID PERMITS, ESTABLISH APPEALS OF SAID PERMITS, AND ESTABLISH FEE GUIDELINES FOR SUCH PERMITS WHEREAS, Public Notice having been given in time, form, and manner as required by law, the Planning Commission of the City of Moorpark held a Public Hearing to consider Zone Code Amendment 99 -08 on August 9, 1999. WHEREAS, at its public hearings the Planning Commission took testimony from all those wishing to testify on the project, closed the public hearing on the project on August 9, 1999; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the inform t' presented to, staff Commission a ion and testimony to the Planning Commission, including but not limited reports and staff and public testimony, the Planning hereby makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. That an environmental analysis of the project was considered for Zoning Code Amendment 99 -08 and it has been determined that in compliance with CEQA (Division 13 of the Public Resources Code of the State of California)and the City's CEQA Procedures, the project is exempt. ZONE CODE AMENDMENT FINDINGS: 3. The approval of Zone Code Amendment No. 99 -08 is consistent with the City's General Plan AND Zoning Code. 4. Adoption of Zoning Code Amendment 99 -08 provides for a process and procedure for the review and consideration M:UL ibiezWCodeAmnd\resoZCA9908DSPpermits. doc 000117,3 ATTACHMENT 2 Planning Commission Resolution No. PC -99 -08 August 9, 1999 Page 2 of discretionary permits within the Downtown Specific Plan Area, necessary to imple-ment portions of the Downtown Specific Plan economic development strategies. SECTION 2. The Planning Commission hereby recommends that the City Council adopt an ordinance to amend the City Zoning Code by amending Chapter 17.44 to provide language related to discretionary permits within the Downtown Specific Plan area. THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: NAYES: ABSENT: ABSTAIN: PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF AUGUST, 1999. ATTEST: Celia LaFleur Secretary Mark DiCecco, Chairman 0001:A CITY OF MOOR-PARK AGENDA REPORT TO: The Honorable City Council FROM: Nelson Miller, Director of Community Developmer., DATE: February 9, 1999 (For CC Meeting of February 17, 1999) SUBJECT: Consider Permit Processing Policies Related to `,,ew Uses Proposed in Existing Buildings Discussion A report on permit processes was requested, especially related to new uses in existing buildings. Pursuant to City Codes most uses are subject to the approval of a Planned Development Permit prior to the initiation of the use, but are allowed as a matter of right. They are subject to site plan review and may be conditioned to assure compliance with the requirements and purposes of the Zoning Code. City policy for structures where there is already an existing approved Planned Development Permit, has been to review the same use or similar uses through a Zoning Clearance. Uses which have special requirements or different requirements, such as additional parking or a change in the exterior appearance of the building, have typically been reviewed through a modification to the permit. The notes to Table 17.20.060 in the Zoning Code, "Permitted Uses in Commercial and Industrial Zones", specifically reference certain uses, such schools, churches, restaurants, and temporary outside eating facilities as requiring a modification to the Planned Development Permit. Older` buildings, particularly in the Downtown area do not have an approved Development Permit and may not comply with current Code requirements. Generally the same use, such as retail sales, has been reviewed through a Zoning Clearance. However, other uses which were permitted by a Development Permit, particularly which may have different parking requirements, involve a charge in the exterior appearance of the building, or other 0001;5 ATTACHMENT Permit Processes February 17, 1999 Page 2 requirements, have peen recuired r o �rc-c Permit, since there was not an original - ' ess a separate fee was established Permit to � modifv . y or this category a couple cf Years ago, which was similar to a Conditional Use permit considerably less than a major modification fee. Permit a structure from one use to another, particularl Sion of conversion of residential structures commercial y such as frequently involves considerable staff time smlr a use's development. It has been suggested several times, particularly dur;;.g consideration of the Downtown Specific Plan, that a different permit process be provided for new uses in existing commercial buildings, where a Development Permit does not currently exist. The existing processes provided in the Code, other than t Development Permit and modifications, Permits and Zoning Clearances. include Administrative nces. Zoning Clearances ministerial permits which certify are that uses are in compliance with the Codes. If it is intended to condition projects, then a an Administrative Permit or other type of permit would be more appropriate. Administrative Permits are discretionary permits subject to the approval of the Community Development Director. Uses subject to these permits are also essentially permitted, but subject to site plan review by staff. They require a mailed notice to property owner within three hundred feet at least ten days prior to a determination. If Administrative Permits are intended to be utilized for review of commercial uses, the fee deposit schedule probably should also be reviewed for such permits. If it- is intended for uses to be discretionary, then a Conditional Use Permit is a more appropriate mechanism. Currently, Conditional Use Permits require a public hearing and full notices with determinations made by either the Planning Commission or City Council. Other cities also provide other types of permits, such as Minor Development Permits, or even Minor Conditional Upe Permits which are approved at a staff level. Minor Development Permits could involve similar requirements to existing Development Permits, or reduced submittal requirements, but be subject to review at a staff level, rather than by Planning Commission or City Council. Minor Conditional Use Permits would still typically require a notice to surrounding property owners, while Minor Development Permits would not necessarily require notice. 000 ic; M:\ NM111ls \M \CCrpts \parmitProc.3oc Permit Processes February 17, 1999 Page 3 Changing the type of cermit processes or implementing new of Permits would require , Council may direct i ail amendment to the Zoning C �e Y nitiarion of a Code Amendment consideration and recommendatipns to -cr Planning Commission. �1tY Council by 3ased upon previous discussions wi` tie City Attorney new procedures in the C :h h Code may also be re designate a Zoning Administrator for action on certain required to permits with appeals directly Planning Commission. to City Council ra hee han Staff Recommendation Direct staff as deemed appropriate. 00014 M:\ NMillsr \M \cCr9ts \PermitProc.doc ITEM O .Z..�. AGENDA REPORT CITY OF MOORPARK To: Honorable Mayor and City Council From: Wayne Loftus, Acting Director of Community Developmen*�� Date: April 7, 1999 (CC meeting of 4/21/99) subject: CONSIDER REPORT FROM THE AFFORDABLE HOUSING /COMMUNITY DEVELOPMENT COMMITTEE (MAYOR HUNTER /COUNCILMMMER EVANS) ON PROCESSING PROJECTS IN THE DOWNTOWN SPECIFIC PLAN AREA BACKGROUND: The City Council on a number of occasions has discussed alternatives for processing of proposed land use changes requested to occur by converting existing structures and site improvements for a new use. On February 17, 1999, the City Council reviewed a report prepared by the Director of Community Development, concerning the current process that development projects including use conversions are required to comply with under the provisions of the Zoning Ordinance. After discussing the report, Council referred the item to the Affordable Housing /Community Development Committee to address conversion issues and report back to the Council. DISCUSSION: On March 24, 1999, the Affordable Housing /Community Development Committee (Mayor Hunter /Councilmember Evans) received and discussed the report on Permit Processing Policies Related to New Uses Proposed in Existing Buildings (Attachment), that had been referred from the City Council meeting of February 17, 1999. Although this report did not propose specific alternatives to the current processing requirements for new or existing developments to be converted to other uses, it was a complete review of the current procedure and, observation of some alternatives that other communities have implemented. IIMOR_PR1 SERWIOME_FOLOER51 SP Area - Uses.doc 0001 f 3 ATTACEMNT 4 Honorable Mayor and City Council Downtown Specific Plan Area April 7, 1999 Page 2 As noted by this report referred from City Council (Attachment "A ") the Zoning Ordinance currently states the process required for new development of various types and intensity and has been the foundation to gain approval of the conversion of uses where the required entitlement (i.e. Commercial Planned Development Permit) is not in place. The time and cost involved in gaining entitlements for conversion of existing buildings and uses, which are no longer economically viable or desirable in a particular location may be an impediment to such conversion. Therefore, many uses and structures particularly in the Downtown Specific Plan Area along Moorpark Avenue have been reluctant to pursue entitlement for office, or commercial uses. This area is designated under the recently adopted Downtown Specific Plan for office and commercial uses. As a result, implementation of the Downtown Specific Plan may be less viable than if there were an incentive to establish new uses, such as a simplified process for review of use conversions. In an effort to facilitate use changes, especially in the Downtown Specific Plan Area, the Affordable Housing /Community Development Committee recommends the following alternative that is suggested to be applied on a "trial basis" for the conversion of existing buildings to a commercial or office uses. The initial application of this alternative process involves the conversion of an existing single family residence at 116 Moorpark Avenue to a dentist office. The process proposed by the Affordable Housing /Community Development Committee for conversion of uses and structures in the Downtown Specific Plan Area involves: 1. Process a Commercial Planned Development Permit consistent with Code provisions. 2. City Council authorizes the Director of Community Development to render a decision concerning the Commercial Planned Development, which is currently decided by City Council upon a recommendation by the Planning Commission. 3. The fee deposit for the entitlement shall be 50%- of the current established fee for a Commercial Planned Development (Existing Building - $4,400 x 50% = $2,200) and shall be capped at this amount or actual processing costs (hours of staff time), whichever is less. I\NM PRI SERVW0NE FOLDERS C Sp Arse . Uses doc 0001; 9 Honorable Mayor and City Council Downtown Specific Plan Area April 7, 1999 Page 3 4. An Office Hearing shall be held by the Community Development Director, preferably near the end of the workday to accept testimony from interested citizens and the applicant. 5. Notification of the date, time, location and subject matter of the Office Hearing shall be given to owners of property consistent with current requirements. Notification for this process (Commercial Planned Development) requires: • Newspaper legal and posting of the site; notification to other agencies and U.S. mail notice to the owners of all real property situated within a radius of 1000 feet. 6. This process shall apply only to existing developed lots where there is a proposal for conversion of use (residential to office or commercial) . 7. All development standards and design criteria required by the Zoning Ordinance or other policy documents shall apply. 8. All Uniform Building Codes and Engineering Standards shall apply. The Affordable Housing /Community Development Committee in recommending this procedure is concerned in responding to the City Council request as well as the request from Dr. Sanchez, who desires to establish his dentist practice at 116 Moorpark Avenue. Staff within the last six months, at the direction of City Council implemented a modified approach concerning the conversion of a residence /beauty parlor to an office use for Tender Loving Care (TLC) Hospice Administrative Offices, at 448 Moorpark Avenue. In this case, there was a combination of uses, both office and a residence, which resulted in the Zoning Clearance procedure being utilized to accomplish consistency with appropriate code requirements. The applicant completed landscaping, parking and building code improvements in order to convert the existing structure to full office use, prior to the granting of authorization of the use. Because of the definitive nature of the Zoning Ordinance, particularly relating to the establishment of uses and the past 1WM PRI SERVWOIVE_FOIDERSIC SP Area - Uses.dx 000180 Honorable Mayor and City Council Downtown Specific Plan Area April 7, 1999 Page 4 strict adherence to the code requirements, including for the conversion of existing buildings, amendment of the Zoning Ordinance is necessary to implement a new entitlement process. Based upon the construction of the Zoning Ordinance the City Council is unable to authorize another decision making body or City Official to render a decision on an item unless the code is amended through a public hearing by the Planning Commission and City Council to reflect the proposed change. If the City Council determines that alternative entitlement processing procedures should be implemented, the City Attorney has suggested that responsible parties for decision making be established by resolution. Identification of recommending and decision making bodies for entitlement processing through adoption of a resolution provides flexibility to easily shape the decision making authority to meet the needs of the City. If the City Council desires to create the alternative entitlement processing procedure outlined by this report, referral to the Planning Commission with direction to initiate a code amendment would be appropriate. RECOMMENDATION: Direct staff as deemed appropriate. ATTACHMENT: City Council Staff Report dated 2/9/99 Buildings) (New Uses in Existing IWM PRI_SER"OHE FOLDERS1CLiOvjWwNrNMDwniwn SP Area - Uses.doc 0D01i` -1-11 ITEM • I . AGENDA REPORT CITY OF MOORPARK TO: Honorable City Council FROM: Wayne Loftus, Acting Director of Community Developmentf -� Prepared by: John Libiez, Principal Planner --- DATE: April 23, 1999 ( For 5/5/99 Meeting) SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 99- DIRECTING PLANNING COMMISSION TO PROVIDE RECOMMENDATION ON A CODE AMENDMENT RELATED TO PROCESSING OF DEVELOPMENT PROJECTS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA. BACKGROUND: At the April 21, 1999, meeting, City Council considered a report and recommendation from the Affordable Housing /Community Development Committee (Mayor Hunter /Councilman Evans) concerning the review of development projects in the Downtown Specific Plan area. Council directed staff to return a resolution for consideration that would direct Planning Commission to initiate appropriate study, and hearings in order to amend the Zoning Code to incorporate an entitlement processing procedure for the Downtown Specific Plan area. DISCUSSION: Attached is a resolution for Council consideration to direct Planning Commission related to initiate this code amendment. STAFF RECON4ENDATION: Adopt Resolution No. 99- ATTACHMENT: A. Resolution No. 99- 0001;; ATTACHMNT 5 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION TO STUDY, SET A PUBLIC HEARING AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO REVISIONS TO TITLE 17 OF THE ZONING CODE, TO DEVELOP REGULATIONS RELATED PROCESSING OF DEVELOPMENT PROJECTS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA WHEREAS, Section 17.60.020 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation within reasonable time. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby authorize the initiation of proceedings to consider amendments to revise the Zoning Code for the purpose of considering adding regulations and standards relating to procedures for the review and approval of development projects located within the Downtown Specific Plan boundaries. SECTION 2. That the Planning Commission is hereby directed to study, set a public hearing, and provide a recommendation to the City Council pertaining to amendments to the City of Moorpark Zoning Code for the purpose of considering adding regulations and standards relating to procedures for the review and approval of development projects located within the Downtown Specific Plan boundaries. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution. 0001u Resolution No. 99- Page 2 PASSED AND ADOPTED this 21st day of April 1999. ATTEST: Deborah S. Traffenstedt, City Clerk Patrick Hunter, Mayor 0"j-c '`�