HomeMy WebLinkAboutAGENDA REPORT 2003 0820 CC REG ITEM 08CTO:
FROM:
DATE:
ITEM 9-Ce
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MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Barry K. Hogan, Community Development Direct
July 31, 2003 (CC Meeting of 8/20/03)
SUBJECT: Consider Amendments to Chapters 17.20 (Uses by Zone),
17.28 (Standards for Specific Uses), 17.44
(Entitlement - Process and Procedures), 17.60
(Amendments to the General Plan, Specific Plans,
Zoning Map and Zoning Code) and 17.68 (Public Notice).
BACKGROUND
The proposed Zoning Ordinance Amendments contained within the
attached draft ordinance have been prepared to address four (4)
Council resolutions directing the Planning Commission to study
and provide recommendations on changes to the Zoning Ordinance:
Resolution No. 2002 -1963 regarding second unit size, Resolution
No. 98 -1423 regarding outdoor seating for restaurants, and
Resolution No. 96 -1237 regarding allowing recreation vehicle
storage in the Commercial Planned Development (CPD) zone, and
Resolution No. 2002 -1997 regarding amendments to entitlements
and use matrix. At the July 1, 2003, Planning Commission
meeting, the Commission reviewed proposed amendments to five (5)
sections of the Zoning Ordinance and recommended approval. The
amendments simplify, clarify and consolidate the entitlement
process.
DISCUSSION
Existing Regulations
Entitlements: Chapter 17.44 of the Zoning Ordinance covers
procedures and required findings for five different types of
land -use entitlements, including zoning clearances, planned
development permits, conditional use permits, temporary special
use permits, and administrative permits. In addition, the
variance and administrative exception procedures are covered in
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Honorable City Council
August 20, 2003
Page 2
this chapter. Modifications of entitlement permits through
permit adjustments, minor modifications, or major modifications
are also covered in this chapter.
General Plan and Zoning Amendments: Chapter 17.60 of the Zoning
Ordinance covers the procedures for the filing and action on
general plan amendments, specific plan amendments and changes to
the zoning code and zoning map.
Public Notices: Chapter 17.68 of the Zoning Ordinance covers
the procedures for public notification signs when a public
hearing is required.
Uses by Zone: Chapter 17.20 of the Zoning Ordinance covers
those uses that are allowed in each zone and the entitlement
permit required prior to construction or occupancy.
Standards for Specific Uses: Chapter 17.28 of the Zoning
Ordinance covers the standards for specific uses where the City
has determined that specific standards need to be applied.
Proposed Regulations
Entitlements: The proposed amendments to this chapter clarify
and simplify the entitlement process. Almost all of the
entitlement applications remain, with the exception of minor and
major modifications. For modifications to approved entitlements
two (2) processes are now suggested, permit adjustment and
modification. Permit adjustment approval would be granted by
the Community Development Director when it does not involve a
change to the language of a condition of approval but merely an
interpretation. This would involve such items as minor changes
to a site plan, addition of a use which is similar in nature to
an approved use in a planned development, or a change of
building material or color. A modification would be a change to
the conditions of approval or a substantive change to the design
of the project such that the project redesign does not resemble
the approved application. Modifications can only be approved by
the original decision - making authority (i.e. the City Council in
most cases). Findings for planned development permits would
focus on design rather than mimicking the findings for
conditional use permit.
General Plan Amendments: The proposed amendment to this chapter
is to consolidate its requirements under the Entitlement
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Honorable City Council
August 20, 2003
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chapter. Minor adjustments to language have been made to be
consistent with the overall language of the Entitlement chapter.
Public Notices: The proposed amendment to this chapter is to
consolidate its requirements under the Entitlement chapter. All
other requirements remain the same.
Uses by Zone: The proposed amendments to this chapter remove
those uses which are never likely to be in the City, eliminate
duplication of uses, incorporate some minor standards for
development of certain uses, organize the uses alphabetically
and provide for new more current uses. The uses have been
organized into a "use matrix" for easy use and symbols have been
replaced by the entitlement application abbreviation. In this
section staff has addressed the issues of outdoor seating for
restaurants and recreation vehicle storage. These amendments
also propose to eliminate the requirement of an administrative
permit for room additions and patio covers over 120 square feet.
Only a zoning clearance would be required if the proposed
addition or patio cover meets the required setbacks, height and
architectural character of the existing residence. This change
will reduce processing time and allow over the counter Planning
Division approval of simple room additions and patio covers. It
would be staff's intention, should the Council adopted these
amendments to informally implement this portion of the amendment
after the second reading of the ordinance. These amendments
will also eliminate the few conditional use permits that require
only Planning Commission approval, making all conditional use
permits subject to City Council approval.
Staff has made some adjustments to the use list recommended by
the Commission to remove the allowance of churches in commercial
zones (this change will affect only one church, which would
become a legal non - conforming use), to add clarification to
wireless communication facilities, to add plant nurseries in the
M -2 zone, and minor word changes /additions for clarity such as
reference to other sections of the Municipal Code.
Standards for Specific Uses: The amendments to this chapter
transfer some of the minor standards to the use matrix, make
minor revisions to the second dwelling unit section to comply
with the latest revisions to state law (AB 1866), and delete
specific standards for satellite dish antennas, oil and gas
production, mining and reclamation, campgrounds, camps,
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Honorable City Council
August 20, 2003
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retreats, golf courses, buildings for the growing of crops and
temporary pet vaccination clinics. To bring the City's
standards for second units into consistency with AB 1866 the
proposed changes would allow second units through the approval
of Zoning Clearance when the standards are met, remove the
notification requirement and require additional parking on the
basis of the number of bedrooms. The City Council also directed
that staff examine the unit size for second units. This issue
has been addressed by removing the 30% restriction as to the
size of the second unit since the size of the second unit is
already controlled. Staff has also added a provision that the
second unit shall not be larger than the primary unit.
ENVIRONMENTAL DOCUMENTATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific
category listed in CEQA. Other projects may be exempt under a
general rule that environmental review is not necessary where it
can be determined that there would be no possibility of
significant effect upon the environment. A project which does
not qualify for an exemption requires the preparation of an
Initial Study to assess the level of potential environmental
impacts.
The Director has reviewed this project and found it to qualify
for a General Rule Exemption in accordance with Section 15061 of
California Code of Regulations (CEQA Guidelines). No further
environmental documentation is required.
STAFF RECOMIMMATION
1. Open the public hearing, accept public testimony, and close
the public hearing;
2. Introduce Ordinance No. for first reading approving
Zoning Ordinance Amendment Case No. 2002 -05. Schedule
second reading and adoption for September 3, 2003.
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Honorable City Council
August 20, 2003
Page 5
Attachments:
1.
Draft Ordinance
2.
PC Resolution (See Draft
3.
Existing
Chapter
17.20
4.
Existing
Chapter
17.28
5.
Existing
Chapter
17.44
6.
Existing
Chapter
17.60
7.
Existing
Chapter
17.68
Ordinance for Exhibit(s))
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING CHAPTERS 17.20 (USES BY ZONE), 17.28
(STANDARDS FOR SPECIFIC USES), 17.44 (ENTITLEMENT
- PROCESS AND PROCEDURES), 17.60 (AMENDMENTS TO
THE GENERAL PLAN, SPECIFIC PLANS, ZONING MAP AND
ZONING CODE) AND CHAPTER 17.68 (PUBLIC NOTICES)
OF THE MOORPARK MUNICIPAL CODE
WHEREAS, on October 16, 1996, the City Council adopted
Resolution No. 96 -1237 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to allowing
recreation vehicle storage in the Commercial Planned Development
(CPD) zone; and
WHEREAS, on January 7, 1998, the City Council adopted
Resolution No. 98 -1423 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to revisions
to provide for outdoor seating for restaurants; and
WHEREAS, on April 3, 2002, the City Council adopted
Resolution No. 2002 -1997 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to permitted
size of second dwelling units; and
WHEREAS, on August 21, 2002, the City Council adopted
Resolution No. 2002 -1997 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to
entitlement and uses; and
WHEREAS, on September 9, 2002, the Planning Commission held
a public workshop on the entitlement and use regulations
contained in Chapters 17.20, 17.28, 17.44, 17.60, 17.68 of the
Moorpark Municipal Code and gave direction to Community
Development staff on potential amendments to the regulations;
and
WHEREAS, the Community Development Department drafted
proposed amendments to the entitlement and use regulations in
response to direction from the Planning Commission; and
CC ATTACHMENT 1
Ordinance No.
Page 2
WHEREAS, the Community Development Director and the
Planning Commission have reviewed this project and found it to
qualify for a General Rule Exemption in accordance with Section
15061 of the California Code of Regulations (CEQA Guidelines),
and based upon that finding has determined the project to be
exempt from further environmental documentation; and
WHEREAS, at its meeting of June 17, 2003, and July 1, 2003,
the Planning Commission conducted a duly- noticed public hearing
on proposed amendments to Chapters 17.20, 17.28, 17.44, 17.60
and 17.68 of the Moorpark Municipal Code pertaining to
entitlement and use regulations, received public testimony on
the proposed amendments, and after receiving oral and written
public testimony, closed the public hearing and recommended
approval of said amendments as proposed; and
WHEREAS, at its meeting of August 20, 2003 the City Council
conducted a duly- noticed public hearing on proposed amendments
to Chapters 17.20, 17.28, 17.44, 17.60 and 17.68 of the Moorpark
Municipal Code pertaining to entitlement and use regulations,
received public testimony on the proposed amendments, and after
receiving oral and written public testimony, closed the public
hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17.20, "Uses by Zone ", Chapter 17.28,
"Standards for Specific Uses ", Chapter 17.44, "Entitlement -
Process and Procedures" Chapter 17.60, "Amendments to the
General Plan, Specific Plans, Zoning Map and Zoning Code"
Chapter 17.68 "Public Notice" of Title 17, Zoning, of the
Municipal Code of the City of Moorpark are hereby repealed.
SECTION 2. Chapter 17.20, "Uses by Zone ", Chapter 17.28,
"Standards for Specific Uses ", and Chapter 17.44, "Application
Review Procedures" of Title 17, Zoning, of the Municipal Code of
the City of Moorpark are hereby adopted as shown in Exhibit A,
attached hereto and incorporated herein by this reference.
SECTION 3. If any section, subsection, 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
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that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 5. 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 the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star a 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 day of , 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Chapters 17.20, 17.28, and 17.44
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Resolution No. 2003 —
Page 4
Chapter 17.20
USES BY ZONE
Sections:
17.20.010 Purpose.
17.20.020 Use of matrices.
17.20.030 Uses not listed.
17.20.040 Reserved.
17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones.
17.20.060 Permitted uses in commercial and industrial zones.
Section 17.20.010 Purpose.
The purpose of this Chapter is to provide a comprehensive list of uses that would be allowed through
the issuance of a Zoning Clearance and through discretionary permit approval in the various zones within
the City.
Section 17.20.020 Use of matrices.
The use matrices indicate the level of review required for each use. Review requirements are subject
to Entitlements — Process and Procedure, Chapter 17.44.
Section 17.20.030 Uses not listed.
Review of a use that is not shown in the matrices may be initiated by a written request to the
community development director and payment of a review fee established by council resolution. The
community development director shall review the proposed use within ten (10) calendar days and render a
written decision based upon the findings below.
A. The proposed use is similar in nature, character, and intensity to one or more of the listed uses.
B. The review requirements for the proposed use shall be identical to those similar uses upon which
the community development director has based the determination.
If the community development director determines that the use is similar, the director shall inform the
city council of the director's decision and incorporate the use in the next scheduled zoning ordinance
amendment. The decision of the director is final unless appealed to council within ten (10) calendar days
of the written decision. The appeal shall be filed in accordance with Chapter 17.44.
Section 17.20.040 Reserved.
Section 17.20.050 Permitted uses in open space, agricultural, residential and special purpose
zones.
Permitted uses in open space, agricultural, residential and special purpose zones are set forth in Table
17.20.050 below and in the conditions of approval of any applicable residential planned development
permits. In addition to the entitlements required by Table 17.20.050, a planned development permit is
required for all residential development of five (5) or more units. All uses, as applicable, shall comply with
Moorpark Municipal Code Title 5, Business "faxes, Licenses and Regulations.
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
EXHIBIT "A" ,,�
Resolution No. 2003 —
Page 4
Chapter 17.20
USES BY ZONE
Sections:
17.20.010 Purpose.
17.20.020 Use of matrices.
17.20.030 Uses not listed.
17.20.040 Reserved.
17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones.
17.20.060 Permitted uses in commercial and industrial zones.
Section 17.20.010 Purpose.
The purpose of this Chapter is to provide a comprehensive list of uses that would be allowed through
the issuance of a Zoning Clearance and through discretionary permit approval in the various zones within
the City.
Section 17.20.020 Use of matrices.
The use matrices indicate the level of review required for each use. Review requirements are subject
to Entitlements — Process and Procedure, Chapter 17.44.
Section 17.20.030 Uses not listed.
Review of a use that is not shown in the matrices may be initiated by a written request to the
community development director and payment of a review fee established by council resolution. The
community development director shall review the proposed use within ten (10) calendar days and render a
written decision based upon the findings below.
A. The proposed use is similar in nature, character, and intensity to one or more of the listed uses.
B. The review requirements for the proposed use shall be identical to those similar uses upon which
the community development director has based the determination.
If the community development director determines that the use is similar, the director shall inform the
city council of the director's decision and incorporate the use in the next scheduled zoning ordinance
amendment. The decision of the director is final unless appealed to council within ten (10) calendar days
of the written decision. The appeal shall be filed in accordance with Chapter 17.44.
Section 17.20.040 Reserved.
Section 17.20.050 Permitted uses in open space, agricultural, residential and special purpose
zones.
Permitted uses in open space, agricultural, residential and special purpose zones are set forth in fable
17.20.050 below and in the conditions of approval of any applicable residential planned development
permits. In addition to the entitlements required by Table 17.20.050, a planned development permit is
required for all residential development of five (5) or more units. All uses, as applicable, shall comply with
Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations.
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
EXHIBIT "A" Cry -�►
Ordinance No.
Page 5
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL
PURPOSE ZONES
[Blank] = Not permitted, NZC = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP
= Administrative Permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
A. AGRICULTURAL USES
1. Animal Husbandry in
accordance with Sections
17.20.040 and 17.28.030
a. Without Structures
ZC
ZC
ZC
ZC
ZC
ZC
b. With structures of total
gross floor areas per lot:
- Less than 1,000 s . ft.
ZC
ZC
ZC
ZC
- 1,001 — 20,000 s . ft
AP
ZC
AP
- 20,001 — 100,000 s . ft.
CUP
AP
- >100,000 s . ft.
CUP
2. Animal hospital, for large
CUP
CUP
CUP
animals
3. Apiculture in accordance
ZC
ZC
AP
with Section 17.28.210
4. Crop production where no
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
structures are involved
5. Greenhouse, hothouse and
the like. Minimum property
line setbacks shall be 20 -feet.
With a total gross floor area
per lot:
- Less than 1,000 s . ft.
ZC
ZC
ZC
ZC
ZC
ZC
%C
- 1,001 — 20,000 s . ft.
ZC
ZC
AP
AP
CUP
- 20,001 — 100,000 s . ft.
AP
CUP
- >I 00,000 sq. ft.
CUP
CUP
6. Kennels and catteries
CUP
CUP
CUP
CUP
(domestic) see Section
17.28.030
7. Wholesale nurseries, tree
AP
AP
AP
AP
AP
AP
AP
AP
farms and ornamental plant
farms including container
plants. Retail sales shall be
limited to the requirements of
section 17.28.070
8. Wildlife sanctuaries
CUP
CUP
B. RESIDENTIAL USES
Zones O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
'FPD
1. Boardinghouses and bed and
CUP
CUP
CUP
CUP
CUP
CUP
CUP
breakfast inns
2. Care facilities
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 �— `�
Ordinance No.
Page 6
Zones
O -S
A -E
R -A
WE
R -O
R -1
R -2
RPD
TPD
a. Consistent with the
NZC
NZC
NZC
NZC
NZC
NZC
NZC
requirements of the State of
California Health and Safety
Code, Chapter 3.6. Care
facilities serving six (6) or
fewer persons, such as a any
facility defined as a
community care facility and
residential care facilities as
defined by Chapters 3 and 3.2
of the Health and Safety Code,
shall meet the standards and
requirements applicable to
single family dwellings
b. For seven (7) to twelve (12)
ZC
ZC
ZC
ZC
ZC
ZC
ZC
children, up to 14 children may
be allowed when found
consistent with Section
1597.465 of the Health and
Safety Code
3. Dwellings, single family
a. Standard construction,
AP
AP
AP
AP
AP
AP
AP
AP
AP
including manufactured
housing consistent with
Section 17.28.020 C (tor five
(5) or more homes constructed
in the R -A, R -O, R -E, and R -1
zones a planned development
permit is required)
b. Less than five (5) affordable
AP
AP
AP
or senior housing when in
compliance with Chapter 17.64
c. Second dwelling units when
ZC
ZC
ZC
ZC
ZC
ZC
in compliance with section
17.28.020G
4. Dwellings, two - family or
two single family dwellings on
one lot
a. Less than five (5) dwelling
AP
AP
units
b. Less than five (5) affordable
AP
AP
or senior housing units when in
compliance with Chapter 17.64
5. Dwellings, multiple family
a. Less than five (5) dwelling
AP
units
b. Less than five (5) affordable
AP
or senior housing units when in
compliance with Chapter 17.64
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
Ordinance No.
Page 7
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
6. Mobilehome parks in
CUP
CUP
CUP
CUP
CUP
CUP
CUP
compliance with the applicable
standards of the zone in which
it is located. It shall include
recreation facilities with
minimum distance between
structures of ten (10) feet and
minimum distances between
accessory structures of six (6)
feet
7. Model homes, temporary
AP
AP
AP
AP
AP
AP
AP
office for the sale of homes or
lots in a subdivision that are a
part of an approved tentative
map and when there is a model
complex plan/temporary office
plan approved by the
community development
director
C. PUBLIC AND QUASI - PUBLIC USES
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
1. Places of religious worship,
CUP
CUP
CUP
CUP
CUP
CUP
CUP
with or without schools
2. Clubhouses with or without
CUP
CUP
CUP
CUP
CUP
alcoholic beverage sales
3. Colleges and universities
CUP
4. Communication facilities,
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
including wireless in
accordance with the
requirements of chapter 17.42
(Minor facilities require only
planning commission
approval; pre- approved
locations require only an AP
5. Energy production from
CUP
CUP
CUP
renewable resources
6. Governmental uses
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
including, but not limited to
city offices, community rooms,
fire stations, human service
centers, libraries, police
stations, public utility facilities
7. Utility structures (electrical
AP
AP
AP
AP
AP
AP
AP
AP
AP
boxes, transformers and valve
apparatus that have no covered
floor area and are attached to
the ground by poles, columns
or pedestals shall not require a
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 �? -�
Ordinance No.
Page 8
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
zoning clearance
8. Wireless communication
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
facilities in accordance with
chapter 17.42 (Minor facilities
require only planning
commission approval; pre -
approved locations require
only an AP)
D. ACCESSORY AND MISCELLANEOUS
USES
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
1. Animal keeping in
accordance with the
requirements of Section
17.28.030
a. A iculturc
ZC
ZC
ZC
b. Aviaries
AP
AP
AP
AP
c. Farm animals including
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
horses and ponies subject to
the requirements of Section
17.28.30
d. Pet animals are allowed in
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
all zones subject to the
requirements of Section
17.28.030C
e. Wild animals subject to the
AP
AP
AP
requirements of Chapter 6.24
2. Accessory structures
a. balcony, deck, patio covers,
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
room additions, or storage
sheds
b. Fences and walls less than
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
six (6) feet and retaining walls
less than three (3) feet in
height, paving and decks when
constructed lower than thirty
(30) inches above the
immediate surrounding natural
grade
c. Fences and walls greater
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
than six (6) feet and retaining
walls greater than three (3) feet
in height, paving and decks
when constructed higher than
thirty (30) inches above the
immediate surrounding natural
grade
d. Swimming, wading or
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ornamental pools designed for
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
-_ — .1
Ordinance No.
Page 9
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
a water depth greater than
eighteen (18 ) inches
3. Antenna or flag pole, ground
mounted, non - commercial
AP
AP
AP
AP
AP
AP
AP
AP
AP
a. <35 -feet high
b. >35 -feet high
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
4. Dwelling, caretaker
AP
AP
AP
AP
AP
AP
AP
AP
AP
5. Dwellings, farm labor
AP
AP
AP
6. Home occupation when
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
conducted in an existing single
family home and consistent
with the requirements of
Section 17.28.020B
7. Maintenance and minor
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
repair to buildings involving
structural alterations
8. Motion picture and
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
television production and
related activities and structures
(activities of a maximum of 42
days in any 180 -day period are
considered temporary and shall
comply with the requirements
of Section 17.28.120 and Title
5 of the Moorpark Municipal
Code
9. Mobilehomes or recreation
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
vehicle as temporary dwelling
on the site of an active
building permit during
construction
10. Produce stands in
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
compliance with the
requirements of section
17.28.070
11. Recreational facilities, non-
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
profit or for profit, including,
but not limited to athletic
fields, bicycle and skate parks,
community centers, golf
courses, gymnasiums, retreats,
riding stables. Bicycle and
skate parks shall be in
compliance with section
17.28.240 (Public park and
recreation facilities are
permitted in all zones and do
not require a CUP or a ZC
12. Storage of building
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 � T
Ordinance No.
Page 10
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
materials in accordance with
CUP
2. Automobile /]i ht truck/motorcycle
AP
AP
AP
AP
the requirements of section
a. rental (if within 100 feet of a residentially zoned AP
property a conditional use pen-nit is required)
a. brakes, oil changes tires and shock sales and
AP
AP
AP
AP
17.28.160
13. Storage, open consistent
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
with section 17.28.020F
14. Soil testing for wells,
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
foundations, septic systems
and similar construction
15. Temporary uses including,
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
but not limited to carnivals,
Christmas tree sales, circuses,
festivals, movie and television
production, sidewalk sales,
special events, outdoor sales,
when in compliance with
chapter 17.44. Issuance of a
temporary use permit shall
take the place of a zoning
clearance. Temporary uses
lasting more than 180 days
require an AP
Section 17.20.060 Permitted uses in commercial and industrial zones.
Permitted uses in commercial and industrial zones are set forth in Table 17.20.060 below and in the
conditions of approval of any applicable commercial and industrial planned development permits. In
addition to the entitlements required by Table 17.20.060, a planned development permit is required in all
commercial and industrial zones for any use where the total gross floor area of buildings on the property is
10,000 square feet or greater. All uses, except for those specifically identified as outdoor uses shall be
operated within a building. Prior to the issuance of a Zoning Clearance, a discretionary permit, or an
exception, the community development director shall verify that the site, use or structure has an approved
planned development permit if needed in accordance with this Section and Section 17.44.040(C). All uses
shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations.
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank] = Not permitted, NZC = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP
= Administrative Permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit
Zones
C -O
C -1
CD
C -2
GOT
M -1
I M -2
I
A. RETAIL AND SERVICE USES
1. Adult businesses
CUP
CUP
2. Automobile /]i ht truck/motorcycle
AP
AP
AP
AP
AP
a. rental (if within 100 feet of a residentially zoned AP
property a conditional use pen-nit is required)
a. brakes, oil changes tires and shock sales and
AP
AP
AP
AP
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 ,,., R „� 4 ..
Ordinance No.
Page 11
Zones
CPD
C -O
C -1
C -2
C -OT
M -1
M -2
I
installation, tune -ups (with or without hydraulic
lifts) (if within 100 feet of a residentially zoned
property a conditional use permit is required)
b. engine rebuilding, transmission repair, steam
CUP
CUP
cleaning, auto body, painting
c. sales, service and parts
CUP
CUP
3. Automobile service stations with or without mini-
CUP
CUP
marts and with or without beer and wine sales for
off -site consumption
4. Body piercing and/or tattoo
CUP
CUP
5. Building supplies (if within 100 feet of a
AP
CUP
residentially zoned property a conditional use permit
is required)
6. C ber cafes, video/computer arcades, game rooms
CUP
CUP
CUP
7. Car washes, self - service or automatic with or
CUP
without automotive services stations
8. Hay and feed sales
CUP
CUP
9. Hotels, motels and bed - and - breakfast inns
CUP
CUP
CUP
CUP
10. Kennels and catteries
I
CUP
CUP
11. Liquor stores (when located no closer than 1,000
AP
AP
AP
feet of any other liquor store or public or private
school) (if within 100 feet of a residentially zoned
property a conditional use permit is required)
12. Massage, therapeutic when in compliance with
AP
AP
AP
chapter 5.48 (if within 100 feet of a residentially
zoned property a conditional use permit is required)
13. Nurseries (retail) with or without container
CUP
grown plants when all equipment and supplies kept
in an enclosed area. (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
14. Nurseries (wholesale and/or retail) with or
CUP
without container grown plants when all equipment
and supplies kept in an enclosed area (if within 100
feet of a residentially zoned property a conditional
use permit is required)
15. Pawnshops when in compliance with chapter
CUP
5.32
16. Pest control services (if within 100 feet of a
AP
AP
residentially zoned property a conditional use permit
is required)
17. Private post offices, parcel services, copy centers
ZC
ZC
ZC
ZC
(if within 100 feet of a residentially zoned property a
conditional use permit is required)
18. Psychics, fortunetelling, and spiritual advisors
CUP
when in compliance with Title 5 of the Moorpark
Municipal Code
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 C —*a
Ordinance No.
Page 12
Zones
CPD
C -O
C -1
C -2
C -OT
M -1
M -2
I
19. Recreation vehicle storage yard when not located
CUP
on parcels adjacent to Arterial Roads or Freeways as
shown on the Moorpark Circulation Element Map
I
20. Recycling centers
CUP
CUP
CUP
21. Recycling drop -off bins when located in an area
ZC
ZC
ZC
ZC
ZC
ZC
determined by the community development director
not to be in conflict with parking, vehicle or
pedestrian circulation (if within 100 feet of a
residentially zoned property a conditional use permit
is required
22. Rental and leasing of large equipment
AP
AP
with/without outdoor storage and repair (if within
100 feet of a residentially zoned property a
conditional use permit is required)
23. Retail shops and services, except as otherwise
ZC
ZC
ZC
ZC
indicated in this Table, including, but not limited to
antiques, art/art supplies, auto supply, bakery,
barbers, beauty salons, bicycle sales /service, book
and stationery, camera/photo, carpet sales /cleaning,
cigar /cigarette sales, clothing and fabric, computer
sales, copy services and supplies, day care,
department and variety, dry cleaners, florist,
flooring/carpet sales /service, food and market, gift
and novelty, hardware, home and office furniture,
jewelry, key and locksmiths, music, newstands, pet
grooming, pet supplies, pharmacy, photo /camera,
pool supplies, sporting goods, small equipment
rental (no outdoor storage), spa, toy and hobby, used
merchandise, video /DVD /CD sales and rental,
wireless sales/service and uses which the community
development director determines to be similar when
in compliance with section 17.20.020 (if within 100
feet of a residentially zoned property a conditional
use permit is required)
24. Retail sales combined with limited distribution
AP
and/or warehousing (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
25. Retail sales in the M -1 and M -2 zone limited to a
AP
AP
maximum of 20 % of the gross floor area of the
building in which it is located. In an industrial
complex the 20 % shall be computed on the basis of
the cummulative total (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
TUP
26. Retail sales (temporary) in the M -1 and M -2
TUP
zones. Issuance of a temporary use permit shall take
the place of a zoning clearance.
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 ? �`3
Ordinance No.
Page 13
Zones
CPD
C -O
C -1
C -2
C -OT
M -1
M -2
I
27. Thrift stores, consignment store (if within 100
ZC
ZC
ZC
feet of a residentially zoned property a conditional
use pernut is required)
B. EATING AND DRINKING PLACES
1. Alcoholic beverage sales for off -site consumption
when in conjunction with another city approved use
AP
AP
AP
AP
AP
a. beer and/or wine (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
b. beer, wine and other alcoholic beverages
CUP
CUP
CUP
CUP
CUP
2. Bars with or without entertainment including,
CUP
CUP
CUP
CUP
but not limited to cocktail lounges, cabarets
3. Breweries, micro breweries, wineries /tasting
rooms
a. With or without restaurant and with or without
CUP
CUP
AP
AP
outdoor seating
b. With or without restaurant and with
CUP
CUP
CUP
CUP
entertainment and with or without outdoor seating
4. Restaurants and similar establishments engaged
primarily in the retail sale of prepared food for on-
site or off -site consumption in accordance with the
restrictions below:
a. With or without entertainment and with or
AP
AP
AP
AP
AP
without on -site consumption of beer and wine and
with or without outdoor seating (if within 100 feet
of a residentially zoned property a conditional use
permit is required)
b. With or without entertainment and with on -site
CUP
CUP
CUP
CUP
CUP
consumption of beer, wine and other alcoholic
beverages and with or without outdoor seating
c. With drive -in or drive- through facilities (off -site
CUP
CUP
CUP
CUP
CUP
sale of all alcoholic beverages is prohibited) with or
without outdoor seating
C. OFFICE AND PROFESSIONAL USES
C -2
M -1
M -2
Zones
C -O
C -1
CPD
C -OT
IPD
IPD
I
1. Banks and other financial institutions (if within
ZC
ZC
ZC
ZC
100 feet of a residentially zoned property a
conditional use permit is required)
2. Laboratories: research and scientific (if within 100
AP
ZC
ZC
feet of a residentially zoned property a conditional
use permit is required)
3. Professional and administrative offices,
ZC
ZC
ZC
ZC
ZC
ZC
including, but not limited to: accounting,
advertising agencies, chiropractic, collection
services; dental, direct mail marketing companies,
employment agencies, engineering services
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
Ordinance No.
Page 14
Zones
CPD
C -O
C -1
C -2
GOT
M -1
M -2
I
insurance, investment, medical, optical and related
health services; planning services, real estate
services; secretarial services, travel agencies, and
uses which the community development director
determines to be similar when in compliance with
section 17.20.020 (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
4. Veterinary offices and animal hospitals
a. Without boarding (keeping of animals indoors
AP
AP
AP
AP
AP
AP
and on -site for medical purposes shall not be
considered boarding, if within 100 feet of a
residentially zoned property a conditional use permit
is required
b. With boarding indoors or outdoors
CUP
CUP
CUP
D. MANUFACTURING, ASSEMBLY, AND DISTRIBUTION
USES
1. Cement, concrete and plaster, and product
CUP
fabrication
2. Distribution and transportation facilities
CUP
CUP
3. Heavy machinery repair, including trucks, tractors
CUP
and buses
4. Manufacturing and assembly including, but not
ZC
ZC
limited to appliances, cabinets, cleaners, clothing,
computers, cosmetics, detergents, electronics,
furniture, leather products, machinery, medical and
scientific instruments, paper, perfumes,
pharmaceuticals, photographic and optical goods,
plastic products, signs and advertising displays,
soap, textiles and other uses which the community
development director determines to be similar
when in compliance with section 17.20.020 (if
within 100 feet of a residentially zoned property a
conditional use permit is required)
5. Outdoor storage when in conjunction with a city
CUP
AP
approved use and when all storage is screened by an
8 -foot high masonry wall architecturally matched to
the structure. (if within 100 feet of a residentially
zoned property a conditional use permit is required)
6. Warehousing, including self - storage or mini-
CUP
CUP
storage. Self- storage or mini - storage shall not be
permitted on parcels adjacent to Arterial Roads or
Freeways as shown on the Moorpark Circulation
Element Ma
7. Welding (if within 100 feet of a residentially
AP
ZC
zoned property a conditional use permit is required)
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
Ordinance No.
Page 15
Zones
CPD
I
C -O
C -1
C -2
C -OT
M -1
M -2
I
E. PUBLIC AND SEMI - PUBLIC USES
1. Amusement and recreational facilities as defined
in Chapter 17.08
a. Arcades video and computer)
CUP
CUP
CUP
CUP
b. Health club /gymnasium/fitness center /spa (if
AP
AP
AP
AP
CUP
within 100 feet of a residentially zoned property a
conditional use permit is required)
2. Places of religious worship
CUP
CUP
3. Clubhouses, social clubs, service clubs with or
AP
AP
AP
AP
AP
without alcohol (if within 100 feet of a residentially
zoned property a conditional use permit is required)
4. Communication facilities, including wireless in
CUP
CUP
CUP
CUP
CUP
CUP
CUP
accordance with the requirements of chapter 17.42
(Minor facilities require only planning commission
approval; pre- approved locations require only an
AP)
5. Energy production from renewable resources
CUP
CUP
6. Public education and training facilities including,
ZC
but not limited to colleges and universities,
elementary, middle and high schools, professional
and vocational schools
7. Governmental uses including, but not limited to
CUP
CUP
CUP
CUP
CUP
CUP
CUP
city offices, community rooms, fire stations, human
service centers, libraries, police stations, public
utility facilities
8. Hospitals including urgent care (if within 100
AP
AP
AP
AP
feet of a residentially zoned property a conditional
use pen-nit is required)
9. Recreational facilities (private) with/without food
AP
AP
AP
AP
AP
CUP
services, including but not limited to bicycle and
skate parks, golf courses, gymnasiums, fitness,
health spas, martial arts, racquetball, yoga. Bicycles
and skate parks shall be in compliance with section
17.28.240 (if within 100 feet of a residentially zoned
property a conditional use permit is required)
10. Utility structures (electrical boxes, transformers
AP
AP
AP
AP
AP
AP
AP
and valve apparatus that have no covered floor area
and are attached to the ground by poles, columns or
pedestals shall not require a zone clearance
11. Wireless communication facilities in
CUP
CUP
CUP
CUP
CUP
CUP
CUP
accordance with chapter 17.42 (Minor facilities
require only planning commission approval; pre-
approved locations require only an AP)
F. ACCESSORY AND MISCELLANEOUS USES
Zones
C -2
I
M -1
I M -2
C -O
C -1
CPD
C -OT
IPD
IPD
I
1. Dwelling, caretaker for self storage or mini-
I AP
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 �'I 'I d
Ordinance No.
Page 16
Zones
CPD
C -O
C -1
C -2
GOT
M -1
M -2
I
warehouse
2. Outdoor sales
CUP
CUP
CUP
CUP
CUP
CUP
3. Retail shops and services as listed in Table
AP
17.20.060A.22 when the uses are determined by the
community development director to be ancillary to
the office uses of the zone (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
4. Temporary uses including, but not limited to
TUP
` `UP
TUP
TUP
TUP
TUP
TUP
carnivals, Christmas tree sales, circuses, festivals,
movie and television production, sidewalk sales,
special events, outdoor sales, when in compliance
with Chapter 17.44. Issuance of a temporary use
permit shall take the place of a zoning clearance.
Temporary uses lasting more than 180 days require
an AP.
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 G."—
Ordinance No.
Page 17
Chapter 17.28
STANDARDS FOR SPECIFIC USES
Sections:
17.28.010
Purpose.
17.28.020
Standards relating to dwellings.
17.28.030
Standards relating to animals.
17.28.040
Auto, boat and trailer sales lots.
17.28.050
Mobilehome parks.
17.28.060
Reserved.
17.28.070
Produce stands.
17.28.080
Reserved.
17.28.090
Reserved.
17.28.100
Reserved.
17.28.110
Reserved.
17.28.120
Motion picture and TV production, temporary.
17.28.130
Outdoor sales and services, temporary.
17.28.140
Christmas tree sales.
17.28.150
Temporary buildings during construction.
17.28.160
Storage of building materials, temporary.
17.28.170
Reserved.
17.28.180
Reserved.
17.28.190
Reserved.
17.28.200
Reserved.
17.28.210
Reserved.
17.28.220
Reserved.
17.28.230
Reserved.
17.28.240
Bicycle and Skate Parks.
17.28.250
Reserved.
Section 17.28.010 Purpose.
The purpose of this chapter is to set forth standards and regulations in addition to the required
standards and regulation which apply to specific uses as listed in section 17.20.050 and section
17.20.060.. (Ord. 189 § 3 (8107 -0), 1994)
Section 17.28.020 Standards relating to dwellings.
A. Antennas, Ground - Mounted. No antenna or mast shall exceed seventy -five (75) feet in
height. The crank -up variety antennas shall be used. All units are encouraged to be color -
coordinated to harmonize with predominant structural background material, so as to reduce visual
impacts. Where feasible, support structures shall be screened from public view. The most
unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to
main or accessory buildings in order to provide background screening for the support structure.
The height, nature, texture and color of all materials to be used for the installation, including
landscape materials, shall be submitted with the permit application.
B. Home Occupations. See Chapter 5.88.
C. Mobilehomes and Manufactured Housing.
1. Mobilehome Construction. Mobilehomes may be used as single- family dwellings if the
mobilehome was constructed on or after June 15, 1976. Mobilehomes used as second dwellings
are subject to this date limitation.
2. Mobilehome Foundation System. Mobilehomes which are used as single- family
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Resolution No. 2003 —
Page 18
residences or as caretaker or. farm worker dwellings shall be installed on a foundation system in
compliance with Chapter 2, Article 7, Section 1333 of Title 25 of the California Administrative
Code. Nonconforming mobilehomes renewed under a continuation permit shall be in compliance
with the applicable provisions of Chapter 2, Article 7 of Title 25.
3. Exterior Siding. Exterior siding of a single- family dwelling shall extend to the ground
level, or to the top of the deck or structural platform where the dwelling is supported on an
exposed pile foundation complying with the requirements of Sections 2908 and 2909 of the
Uniform Building Code, or to the top of a perimeter foundation. For mobilehomes used as
caretaker or farm worker dwellings, manufactured mobilehome skirting shall completely enclose
the mobilehome, including the tongue, with a color and material that will be compatible with the
mobilehome. The siding shall be covered with an exterior material customarily used on
conventional dwellings and approved by the department of community development.
4. Site Plan and Elevations. The site plans and elevations of the proposed housing unit are
subject to review and approval of the department of community development. Applicants are
required to submit designs which are in keeping with the overall character and quality of the
neighborhood and community.
5. Roof Pitch. The mobile home or manufactured housing unit shall have a roof with a pitch
of not less than two (2) inches vertical rise for each twelve (12) inches of horizontal run and
consisting of shingles or other material customarily used for conventional dwellings and approved
by the department of community development and the building official.
6. Porches and Eaves. The mobile home or manufactured housing unit may be required to
have porches and eaves, or roofs with eaves when, in the opinion of the department of community
development, it is necessary to make it compatible with the dwellings in the area.
D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A
mobilehome or recreational vehicle may be used for living purposes for a twelve (12) month
period by the owner (s) of a lot for which a building permit has been issued, is in full force and
effect on the same site, and construction is underway. The community development director may
grant one (1) additional twelve (12) month time extension if substantial progress toward
construction of the principal residence is being made. Said mobilehome or recreational vehicle
shall be connected to the permanent water supply and sewage disposal system approved by the
Ventura County environmental health division for the structure under construction. Within forty -
five (45) days after the issuance of a zoning clearance for occupancy the mobilehome or
recreational vehicle shall cease use as a dwelling, be disconnected from such systems, and shall
be removed from the site. A temporary mobilehome or recreational vehicle may be accessory to
construction on adjacent lots under the same ownership as the lot on which the mobilehome or
recreational vehicle is installed. In no case shall the mobilehome or recreation vehicle be rented,
leased or otherwise occupied by a non -owner of the lot. A bond or cash deposit shall be required
in the amount to cover removal of the temporary mobilehome prior to receiving city approval for
the placement of the temporary dwelling. The amount of the deposit shall be determined by the
community development director.
E. Reserved.
F. Open Storage.
1. There shall be no open storage in any front or street -side setback, or in an area three (3)
feet wide along interior side lot lines.
2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed
an aggregate area of two hundred (200) square feet. On lots greater in area than twenty thousand
(20,000) square feet, the aggregate area shall not exceed one percent (1%) of the total lot area, up
to a maximum of one thousand (1,000) square feet. Lots of forty (40) acres or more in the O -S
and A -E zones are permitted a maximum of two thousand (2,000) square feet of open storage,
provided that all open storage exceeding one thousand (1,000) square feet is screened from view
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Resolution No. 2003 —
Page 19
from all public rights -of -way within three hundred (300) feet of such additional storage area.
3. With the exception of boats and unstacked automotive vehicles, the materials shall be
limited to a height of six (6) feet.
4. Open storage must be accessory to the principal use of the property, and not related to
any off -site commercial business or activity.
5. The following are not considered to fall within the definition of open storage, and are
therefore exempt from the above open storage regulations:
a. Materials or equipment kept on any lot for use in construction of any building or room
addition on said lot for which a zoning clearance and necessary building permits are obtained and
in force, provided that such storage is neat and orderly, and does not exceed an area equal to the
gross floor area of the building or addition under construction. Stored materials shall be installed
within one hundred eighty (180) days of their placement on the lot; however, the community
development director may grant a time extension for good cause, based on a written request from
the applicant;
b. Items used periodically or continuously on the property by the resident(s) thereof, such as
outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor
cooking equipment, and recreational equipment, accessory to the principal use;
c. One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one (1)
location on the lot.
G. Second Dwelling.
1. Standards and Requirements. A second dwelling, as defined in Section 17.08.010,
requires approval of a zoning clearance, and compliance with all of the following standards and
requirements:
a. A second dwelling shall only be permitted on a residential zoned lot that is one -fourth
acre (ten thousand eight hundred ninety (10,890) square feet) or larger in size and shall be a lot
which conforms to the minimum lot width, depth and size of the zone in which it is located.
b. The lot on which a second dwelling is to be constructed shall contain an existing single -
family dwelling, which is owner occupied at the time of application for a zoning clearance and
building permit for the second dwelling.
c. The maximum size of the second dwelling shall be no larger than the primary dwelling
and shall be limited to the following lot size limitations:
Lot Size
Max. 2 "d Unit Size, ins . ft.
10,890 — 21,780 s . ft.
800
21,781 — 43,560 s . ft.
900
1 — 5 acres
1,000
>5 acres
1,100
d. No more than one (1) second dwelling is allowed on each lot.
e . The second dwelling shall not be sold as a separate unit, but it may be rented.
f. Establishment of a second dwelling shall not create or increase a nonconforming use or
structure. A second dwelling shall not be allowed on a lot which contains a legal nonconforming
use or structure.
g. Minimum yard setbacks from the property lines for the second dwelling and associated
garage or carport structure shall be the same as is required for the existing single - family dwelling
based on the more restrictive of either: (i) the setback requirements of an approved residential
planned development (RPD) permit (see Section 17.36.030(B)(3)); or (ii) the setback
requirements of the applicable zone district (see Section 17.24.020).
h. Architectural standards of the second dwelling shall conform to the existing single - family
dwelling through use of the appropriate building form, height, materials and color. The roof
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Resolution No. 2003 —
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material used for the second dwelling shall be equal to or of higher quality than that used for the
existing single- family dwelling.
i. The only accessory structures that may be attached to, or share a common wall with, a
detached second dwelling are a garage or carport.
j. The following parking standards shall apply:
k. The number of parking spaces required shall be as follows:
(A) One (1) covered or uncovered parking space for studio or one bedroom units.
(B) Two (2) covered or uncovered parking spaces for two (2) bedroom units. For more than
two (2) bedroom units additional parking may be required provided that the community
development director finds that additional parking is directly related to the use of the second unit
and is consistent with the existing neighborhood standards applicable to the existing dwellings.
(i) The size of each required off - street parking space shall be an unobstructed minimum of
nine (9) feet wide by twenty (20) feet long.
(ii) The parking space(s) provided for the second dwelling shall not be located in a required
dwelling unit setback and shall be paved.
(iii) The required off - street parking space(s) for a second dwelling shall be in addition to the
parking required for the existing single - family dwelling, and shall be located on the same lot as
the existing single- family and second dwellings.
(iv) Vehicular access to the parking area for a second dwelling shall be at least ten (10) feet
wide and paved.
1. The community development director may approve the use of a mobilehome or a
manufactured house on a fixed foundation as a second dwelling, if the design is compatible with
the existing single- family dwelling and the surrounding community, and when it is in compliance
with all of the mobilehome and manufactured housing standards of subsection C of this section.
H. Use of Structures for Dwelling Purposes. Structures may not be used for human
habitation except as specifically permitted in this title.
Section 17.28.030 Standards relating to animals.
A. Purpose. These regulations are intended to establish standards and conditions for the
keeping of all animals in the city while protecting the health, safety and welfare of its residents.
B. General Provisions -- Standards. All the standards contained in this section shall apply
equally to all properties unless otherwise noted.
1. Enclosure. All animals shall be properly caged or housed, and must be kept in their
corrals, barns, pens or other enclosure. All corrals, pens, coops, lofts, exercise areas, or other
similar structures shall be fenced or otherwise enclosed to adequately confine the animal(s).
2. Maintenance. All buildings housing farm animals, all animal enclosures and all pasture
areas shall be maintained free from litter, garbage and the accumulation of manure. Premises shall
be maintained in a neat and sanitary manner. If farm animals are not maintained in compliance
with these standards, or are otherwise allowed to become a nuisance, the city shall initiate
enforcement proceedings as provided by this code.
3. Animals Not Classified. Any animal not specifically classified within this chapter shall
be classified by the community development director, based upon a determination as to the
probable negative impact of the health, safety or general welfare upon the community.
C. Pet Animals. The keeping of pet animals is permitted in all zones of the city, subject to
the following provisions:
1. Dogs, Cats, Pot - Bellied Pigs and Miniature Horses.
a. Dogs, cats, pot - bellied pigs and miniature horses are permitted to be kept upon lots used
primarily for residential or agricultural uses, for recreational purposes (and as protection) as
provided in subsection (13)(1)(b) of this section. They are permitted to be kept as an accessory use
upon any lot developed with an office, business or other commercial or industrial use for the
primary purpose of protecting the premises from varmints and trespassers.
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
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b. Single family dwellings may keep up to four (4) dogs, four (4) cats, four (4) pigs, or four
(4) miniature horses, or any combination not to exceed a total of four (4) animals. Multifamily
dwellings may have up to two (2) dogs, cats, pot - bellied pigs or miniature horses or any
combination not to exceed a total of two (2) animals.
c. The offspring of animals are allowed and shall not be counted towards the maximum
allowed number until they are weaned or self - sufficient age. Dogs and cats, pot - bellied pigs and
miniature horses shall be counted as weaned at four (4) months of age or more.
2. Other Allowed Household Animals.
a. A maximum of fifteen (15) other domestic animals such as domestic mice and rats,
hamsters, guinea pigs, chelonians, tropical fish, birds of the psittacine family (enclosure must be
set back at least fifteen (15) feet from any dwelling or adjacent property).
b. Small caged crustaceans, amphibians and arthropods, and other similar animals
commonly sold in pet stores and kept as household pets, may be kept upon any lot in any zone
where the principal use upon any such lot is residential, so long as animals are not maintained for
commercial purposes, do not constitute a nuisance, are adequately provided with food, care and
sanitary facilities, and do not exceed a total of six (6) animals (fish being exempt) on any lot
either within or outside any dwelling. Offspring less than four (4) months from old shall not be
counted in the total.
c. Animals that, because of size, specialized breeding or other unique quality, cannot be
clearly categorized may be permitted (including total number), upon approval of the community
development director.
3. Animal Units. The keeping of farm animals as a principal or accessory use, except for pet
animals, shall be permitted in accordance with the matrix and table of animal unit equivalents set
forth below:
Zone
Minimum Lot
Animal Units Permitted',2
Distance Separation
Area
Requirements'
Required
O -S
10,000 sq. ft.
Lots < 20,000 sq. ft.: two units^. Lots
Except for movement on and
A -E
20,000 sq. ft. to 10 acres: 1 unit per 10,000
off the property, animals shall
R -A
sq. ft. of lot area.
not be kept, maintained or
Lots > 10 acres: no limit.
used in any way, inside or
outside of any structure,
R -O
20,000 sq. ft.
Horses /ponies: 3 units plus 1 unit per
30,000 sq. ft. of total lot area.
within 40 feet of a structure
Other animals: 1 unit per 10,000 sq. ft. of
used for human occupancy
total lot area.
other than the owner's
residence.
R -E
10,000 sq. ft.
2 units minimum plus 1 unit per 20,000 sq.
ft. of total lot area .4
R -1
20,000 sq. ft.
1 unit per 10,000 sq. ft. of lot area.
Notes:
1. In calculating the allowable number of animals, fractional numbers shall be rounded to
the lower whole number.
2. Animal offspring are allowed and shall not be counted until they are weaned.
3. Separation requirements do not apply to pet animals (see subsection C of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq.
ft. in the R -A or R -E zone; see subsection E of this section for exception.
ANIMAL UNIT EQUIVALENTS
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
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Resolution No. 2003 —
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The following table indicates the animal unit equivalents for each type of permitted animal and provides for
different types of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1)
animal unit, a chicken is one -tenth (1 /10) of an animal unit, and so on. To calculate the number of any one (1)
type of animal allowed on a property, divide the total number of animal units allowed on the property by the
animal unit equivalent for that animal.
Animal Type
Animal Unit
Equivalent
Animal Type
Animal Unit
E uivalent
Bull
1.0
Horse
1.0
Chicken
0.1
Pony
0.5
Cow
1.0
Mule
1.0
Donkey
1.0
Peafowl
0.5
Duck
0.1
Pig
0.5
Game Hen
0.1
Rabbit or other fur-
bearing animal of
similar size at
maturity
.05
Goat, female
0.33
Racing Pigeon
.05
Goat, male
0.5
Sheep
0.33
Goose
0.16
Turkey
0.16
Guinea Fowl
0.5
No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty
thousand (20,000) sq. ft. in area in other zones.
D. Applicability of Lot Area Requirements. Abutting lots under unified control, either
through ownership or by means of a lease, may be combined in order to meet minimum area
requirements for animal- keeping or to keep a greater number of animals, but only for the duration
of such common ownership or lease, and only in zones which allow the keeping of animals as a
principal use.
E. Temporary Exception. In the R -E zone, the community development director may
authorize the keeping of a maximum of two (2) horses on lots of ten thousand (10,000) to twenty
thousand (20,000) square feet, and an exception to the distance separation requirements for a
period of one (1) year, without holding a public hearing, provided that the applicant submits:
1. A completed application form, as provided by the community development director;
2. A county assessor map, in duplicate, showing the applicant's property outlined in red, the
area and structures to be devoted to animal use and the assessor parcel numbers of all contiguous
properties; and
3. A letter of consent from each resident located within one hundred (100) feet of where the
horses are to be kept, maintained or used in any other way. The letter shall contain the assessor
parcel number, address and telephone number of the contiguous resident, and shall state that the
contiguous resident is agreeable to the requested keeping of horses and to the requested reduction
of the distance separation requirements.
F. Apiculture.
1. Street Separation. No beehive or box shall be located or maintained within one hundred
fifty (150) feet of any public road, street or highway, or as determined by the community
development director.
2. Apiary Location. A beehive or box shall be located or maintained a safe distance from an
urbanized area. For the purpose of this section, an urbanized area is defined as an area containing
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Resolution No. 2003 —
Page 23
three (3) or more dwelling units per acre. As the size of the area increases, the number of
dwelling units must increase proportionately by a minimum of (3) three dwelling units per acre. A
"reasonable distance" shall be determined after investigation by the community development
director. Decisions of the community development director may be appealed pursuant to Section
17.44.090.
3. Dwelling Separation. No beehive or box shall be located or maintained within four
hundred (400) feet of any dwelling on adjacent property.
4. Property Line Separation. No apiary shall be located or maintained within fifty (50) feet
of any property line common to other property except that it may be adjoining the property line
when such other property contains an apiary, or upon mutual agreement for such location with the
adjoining property owner.
5. Water. Available adequate and suitable water supply shall be maintained on the property
near the apiaries at all times. (Ord. 189 § 3 (8107 -2), 1994)
Section 17.28.040 Auto, boat and trailer sales lots.
New and used automobile, trailer and boat sales yards are subject to the following conditions:
A. No repair or reconditioning of automobiles, trailers or boats shall be permitted unless
such work is accessory to the principal retail use and is done entirely within an enclosed building.
B. Except for required landscaping, the entire open area of the premises shall be
surfaced with concrete or asphaltic concrete.
Section 17.28.050 Reserved.
Section 17.28.060 Reserved.
Section 17.28.070 Produce stands.
A. One (1) sales produce stand per lot is allowed.
B. The produce stand shall be accessory to the permitted plant production on the same lot,
and only if at least ninety -five percent (95 %) of the area of the lot is devoted to plant production.
C. A produce stand may sell raw unprocessed fruits, vegetables, nuts, seeds, cut flowers, and
ornamental plants grown on the same lot and on other lots, under the same ownership, which are
located in the city.
D. The floor area of the produce stand shall not exceed four hundred (400) square feet.
E. The produce stand shall be setback at least thirty (30) feet from any public road, street or
highway. This setback area shall be kept free and clear of impediments in order to provide an area
for off - street parking.
F. The construction thereof shall be of a temporary nature and shall not include a permanent
foundation.
G. One (1) freestanding sign a maximum height of eight (8) feet and a maximum of thirty -
two (32) square feet and one (1) sign attached to the produce stand, in addition to signs otherwise
allowed on the property pursuant to Chapter 17.40, are allowed.
Section 17.28.080-17.28.110 Reserved.
Section 17.28.120 Motion picture and TV production, temporary.
Such outdoor filming shall not result in high or unreasonable levels of light, glare or noise
being directed toward neighboring properties, and shall not cause disturbances in normal traffic
flows, nor cause damage to flora or fauna. The applicant shall obtain the appropriate permits and
approvals from the city and other city departments, and shall restore the property to its original
condition when such filming is completed. The time limits stated in Chapter 17.20 for temporary
filming apply to individual lots. (Ord. 189 § 3 (8107 -11), 1994)
Section 17.28.130 Outdoor sales and services, temporary.
Such uses are permitted for one (1) calendar day in any ninety (90) day period, provided that
they do not disrupt normal traffic flows and do not result in the blocking of public rights -of -way,
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Resolution No. 2003 —
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parking lot aisles or required parking spaces. All related facilities and materials shall be removed
on the departure of the use. (Ord. 189 § 3 (8107 -12), 1994)
Section 17.28.140 Christmas tree sales.
The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during
the forty-five (45) day period immediately preceding December 25th. Such sales activities shall
not disrupt normal traffic flows, nor result in the blocking of public rights -of -way, parking lot
aisles or required parking spaces. All related structures, facilities and materials shall be removed
by December 31 st of the same year. Christmas tree sales are allowed one (1) temporary, unlighted
identification sign not exceeding twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13), 1994)
Section 17.28.150 Temporary buildings during construction.
A mobilehome, recreational vehicle or commercial coach may be used as a temporary
dwelling unit or office on a construction site in accordance with Section 17.20.060, provided that
a building permit for such construction is in full force and effect on the same site. The unit shall
be connected to a water supply and sewage disposal system approved by the Ventura County
environmental health division, and shall be removed from the site within forty -five (45) days after
a clearance for occupancy is issued by the city department of building and safety. (Ord. 189 § 3
(8107 -14), 1994)
Section 17.28.160 Storage of building materials, temporary.
The temporary storage of construction materials is permitted on a lot adjacent to one on
which a valid zoning clearance and building permit allowing such construction is in force, or on a
project site within a recorded subdivision. Such storage is permitted during construction and for
forty -five (45) days thereafter. (Ord. 189 § 3 (8107 -15), 1994)
Section 17.28.170 — 17.28.230 Reserved.
Section 17.28.240 Bicycle and Skate Parks.
A. Purpose. The purpose of this section is to establish reasonable and uniform limitations,
safeguards and controls for the design, placement and use of facilities and structures (hereinafter
referred to as "Facilities ") for bicycles and skates such as, but not limited to: skateboards,
bicycles, unicycles, tricycles and roller skates. Such regulations are established to minimize the
impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy,
traffic congestion, trespassing, and risk of damage or injury from flying projectiles and debris.
B. Application.
1. Facilities less than forty -two (42) inches in height above adjacent finished grade level,
which cover less than thirty -two (32) square feet of aggregate ground area, and do not have a
platform on which to stand, are exempt from the requirements of subsections C through I of this
section. Such exempt Facilities must otherwise meet the provisions of the zoning ordinance.
2. Those Facilities not exempt may be permitted upon issuance of a zoning clearance
provided all standards of this title are met.
3. Facilities that exceed the standards set forth in subsections C through G of this section
may be authorized by a conditional use permit approved by the director of community
development.
C. Size. No point on a Facility shall extend more than eight (8) feet above adjacent finished
grade level and no Facility or collection of Facilities on a given lot shall cover more than four
hundred (400) square feet of aggregate ground area.
D. Setbacks. All Facilities shall be set back the following distances from all other structures
and property lines:
1. All Facilities shall be set back a minimum of six (6) feet from all other structures.
2. All Facilities shall be set back a minimum of twenty (20) feet from all property lines with
an additional five (5) feet of setback required for each one (1) foot increase of height over six (6)
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Resolution No. 2003 —
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feet above adjacent finished grade level.
3. Facilities shall not be located in the area between the public or private right -of -way and
the front of any building on the site, unless the Facility is not visible from the public or private
right -of -way or neighboring building and otherwise conforms to the applicable setback
requirements.
E. Construction Standards. All Facilities shall be constructed so as to minimize visual and
auditory impacts.
1. The sides of all Facilities that are above ground, not including any rails, shall be enclosed
with a solid material, such as plywood.
2. Spaces between finished grade and the lower, horizontal surfaces of the Facility shall be
filled with earth or other suitable solid material.
3. The backs of all surfaces not affected by subsection (E)(2) of this section shall be padded
with sound - absorbing material such as carpeting.
4. Facilities may be painted, stained, or left in their natural finish. Posters, banners,
handbills, bumper stickers, or signs of any kind shall not be affixed to the Facility, if visible from
neighboring properties. Signage for the Facilities shall be in accordance with Chapter 17.40.
F. Hours of Operation. The use of Facilities shall be limited to daylight hours between nine
(9:00) a.m. and seven (7:00) p.m., Monday through Saturday.
G. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
H. Removal. Facilities shall be removed within ninety (90) days when no longer used, or
capable of being safely used for their intended purpose.
1. Hold Harmless. The permittee shall provide the city with a hold harmless agreement,
acceptable to the city, prior to the issuance of a zoning clearance, which provides, in substance,
that the permittee agrees to hold the city harmless, indemnify and defend the city for any loss or
damage to property, or injury or loss of life arising out of the use authorized by this zoning
clearance.
Section 17.28.250 Reserved.
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Ordinance No.
Page 26
Sections:
17.44.010
17.44.020
17.44.030
17.44.040
17.44.050
17.44.060
17.44.070
17.44.080
17.44.090
17.44.100
Chapter 17.44
APPLICATION REVIEW PROCEDURES
Purpose.
Legal lot requirement.
Zoning clearances.
Discretionary permits and exceptions.
Amendments to the general plan, specific plans, zoning map, and zoning code.
Filing and processing of applications.
Public hearing procedures.
Decisions.
Appeals.
Modification, suspension and revocation.
Section 17.44.010 Purpose.
The purpose of this chapter is to establish review procedures for land -use entitlement applications
including permits and variances; and applications to amend or adopt the general plan, specific plans, the
zoning map or zoning ordinance.
Section 17.44.020 Legal lot requirement.
No entitlement shall be granted or permit be issued for construction on a lot, which is not a legal lot, as
defined by the state Subdivision Map Act and the subdivision ordinance.
Section 17.44.030 Zoning Clearance.
A. Purpose. A zoning clearance is a permit that is granted on the basis of a ministerial decision by
the community development director or designee without a hearing. A zoning clearance certifies that a
proposed use of land or structures meets all requirements of this title and the applicable conditions of any
previously approved discretionary planned development permit, administrative permit and/or conditional use
permit.
B. Applicability. Except as provided in chapter 17.20, a zoning clearance is required prior to the
implementation of uses of land or structures, construction requiring building permits, and the
commencement of any activity authorized by a permit or subdivision granted in accordance with the zoning
and subdivision ordinances of the city. A zoning clearance shall be issued if the proposed uses of land or
structures:
1. Are permissible under the present zoning on the land and the city's zoning and subdivision
ordinances, planned development permit or conditional use permit;
2. Are compatible with the policies and land use designations specified in the general plan, and any
applicable specific plan;
3. Comply with the applicable terms and conditions of any applicable permit or other entitlement;
4. Are not located on the same site where a violation of this municipal code exists or are not in
violation of the terms of an existing permit covering the site or structure, unless the zoning clearance is
necessary to abate the violation;
5. Are not being requested by or on a site where there are outstanding entitlement, processing or
condition compliance fees owed to the city; and
6. Are consistent with the portions of the county hazardous waste management plan that identify
specific sites or siting criteria for hazardous waste facilities.
C. Expiration. Zoning clearances shall expire one hundred eighty (180) days after issuance, unless
otherwise indicated by the community development director on the clearance or unless the use of land or
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44 n ^,
Resolution No. 2003 —
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structures or building construction has commenced and is being diligently pursued, as evidenced by current
inspections and/or valid building permits.
Section 17.44.040 Discretionary permits and exceptions.
The following discretionary permits and exceptions are authorized by this title. If more than one
discretionary permit or exception application is required for a proposed use or structure, the community
development director may require all applications for the proposed use or structure to be filed, processed,
considered, and decided concurrently through the most stringent decision - making process and by the highest
decision - making authority of the permits and/or exceptions requested.
A. Temporary Use Permit (TUP). A temporary use permit is required prior to initiation of uses
or structures in a given zone as specified by chapter 17.20 of this title that are to be established for a
temporary period of time (not to exceed ninety (90) days). Temporary use permit applications require
review and approval by the community development director to assure compliance with the requirements of
this title, and may be conditioned to protect the health, safety, life, or property of the applicant or the public.
One additional ninety (90) day extension to a temporary use permit may be granted. A temporary use permit
may be revoked by the community development director prior to the expiration date based upon information
that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the
public.
B. Administrative Permit (AP). An administrative permit is required prior to the initiation of
uses and structures in a given zone as specified in chapter 17.20 of this title where review and approval by
the community development director is required to assure compliance with the provisions of the Moorpark
Municipal Code. An administrative permit application is subject to site plan and architectural review.
Notice of a pending decision on an administrative permit shall be mailed by the community development
director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning
compliance of the proposed use or structure with the general plan, municipal code, or other applicable
regulations will be accepted during the period before the date of the decision. After the comment period has
ended, the community development director may approve the permit, deny the permit, or approve the permit
subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal
code, and any other applicable regulations.
C. Planned Development (PD) Permit. A planned development permit is required prior to
initiation of uses and structures in a given zone as specified in chapter 17.20 of this title where review by the
planning commission and city council through a public hearing process is required to assure the project
design complies with the provisions of this title and the general plan, and is compatible with neighboring
properties. A planned development permit application is subject to site plan and architectural review and
may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles
and colors of all proposed buildings, structures and other on -site improvements, landscaping design,
neighborhood design, and permitted land uses shall be established as part of the planned development permit
review and approval process. Any change to the initial permitted land uses shall require a modification
consistent with the requirements of section 17.44.100. The planning commission and city council shall each
hold at least one (1) public hearing on any planned development permit application. Following a public
hearing, the planning commission shall make a written recommendation to the city council whether to approve,
conditionally approve, or deny the application. The city council shall be the decision authority for all planned
development permits. Prior to approving, conditionally approving, or denying an application for a planned
development permit, the city council shall adopt written findings, by resolution, based upon substantial
evidence in view of the whole record to justify the decision. In order for a planned development permit to
be approved, the city council shall find that:
1. The site design, including structure location, size, height, setbacks, massing, scale,
architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any
applicable specific plans, zoning ordinance, and any other applicable regulations;
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44 �,,�
Resolution No. 2003 —
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2. The site design would not create negative impacts on or impair the utility of properties,
structures or uses in the surrounding area; and
3. The proposed uses are compatible with existing and permitted uses in the surrounding area.
D. Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of
uses in a given zone as specified by chapter 17.20 of this title where review by the planning commission and
city council through a public hearing process is required to determine if the proposed use complies with all
necessary findings listed in this subsection. A conditional use permit is not allowed as a matter of right, but
is subject to site plan and architectural review and may be approved, conditionally approved, or denied.
Prior to approving, conditionally approving, or denying an application for a conditional use permit, the city
council shall adopt written findings, by resolution, based upon substantial evidence in view of the whole
record to justify the decision. In order for a conditional use permit to be approved, the city council shall find
that:
1. The proposed use is consistent with the provisions of the general plan, zoning ordinance,
and any other applicable regulations;
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area;
3. The proposed use is compatible with the scale, visual character, and design of surrounding
properties;
4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring
property or uses; and
5. The proposed use would not be detrimental to the public health, safety, convenience, or
welfare.
6. Additional Finding for Hazardous Waste Facilities. The following additional finding is
required for the approval of conditional use permits for hazardous waste facilities:
a. The proposed hazardous waste facility is consistent with the portions of the county
hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities.
7. Additional Findings for Establishments Selling Alcoholic Beverages. The following
additional findings are required for the approval of conditional use permits for establishments selling
alcoholic beverages:
a. The use will not result in an over concentration in the area of establishments selling
alcoholic beverages;
b. The use will serve a public convenience;
C. The use will not create the need for increased police services;
d. The requested use at the proposed location will not adversely affect the economic welfare of
the community; and
e. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction on surrounding properties, or
within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair
property values within the neighborhood.
E. Variance. A variance is an adjustment in the regulations contained in this title. A variance
is based on discretionary decisions and may be granted to allow deviations from ordinance regulations
governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off - street
parking, landscaping and wall, fencing and screening standards. A variance shall be processed in
accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a
substitute to an amendment to these zoning regulations. Except when a variance is filed as part of a planned
development permit, conditional use permit and as provided in subsection F. of this section, variance
requests shall be heard and decided by the planning commission through a public hearing process. Prior to
approving, conditionally approving, or denying an application for a variance, the planning commission shall
adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify
the decision. In order for a variance to be approved, the decision - making authority shall find that:
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44 F; v�
Resolution No. 2003 —
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1. There are special circumstances applicable to the subject property with regard to size, shape,
topography, location or surroundings, such that the strict application of the zoning regulations denies the
property owner privileges enjoyed by other property owners in the vicinity and under identical zoning
districts; and
2. The granting the requested variance will not confer a special privilege inconsistent with the
limitations upon other properties in the same vicinity and zone; and
3. The strict application of the zoning regulations as they apply to the subject property will
result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such
regulations; and
4. The granting of such variance will not be detrimental to the public health, safety or general
welfare, nor to the use, enjoyment or valuation of neighboring properties; and
5. The granting of a variance in conjunction with a hazardous waste facility will be consistent
with the portions of the county's hazardous waste management plan (CHWMP) that identify specific sites or
siting criteria for hazardous waste facilities.
F. Administrative Exception.
1. An administrative exception may be granted by the community development director for
minor adjustments to the zoning regulations. An administrative exception may be granted only in the
following situations:
a. To allow a decrease of up to twenty percent (20 %) in any required minimum setback,
provided that such exception may be granted only once from the minimum standard adopted by this code or
any planned development permit approved consistent with this code;
b. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of
one (1) foot in setback areas, except in a required sight triangle;
C. To allow an increase up to ten percent (10 %) for maximum building coverage, sign area or
sign height;
d. To allow up to a five- percent (5 %) decrease in the required lot area for second units.
2. A notice of a pending decision on an administrative exception shall be mailed out to the
adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at
least ten (10) days prior to the date of the decision. Public comments concerning the administrative
exception will be accepted during the period before the date of the decision. After the comment period has
ended, the community development director may approve the exception, deny the exception, or approve the
exception subject to conditions, if necessary for the exception to comply with the general plan, municipal
code, and any other applicable regulations. The director's decision is final unless appealed within ten (10)
day in accordance with section 17.44.090. In the approval of an administrative exception the director shall
find that:
a. The granting of the exception will not create negative impacts to abutting properties; and
b. The strict application of the zoning regulations as they apply to the subject property will
result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such
regulations; and
C. The granting of the exception is consistent with the general plan and/or any applicable
specific plan.
Section 17.44.050 Amendments to the general plan, specific plans, zoning map, and zoning code.
A. Authori . The adoption or amendment of a general plan clement or map, specific plan,
zoning map or zoning ordinance is a legislative act. The planning commission and city council shall each hold
at least one (1) public hearing on any general plan, specific plan, or zoning amendment request. Following a
public hearing, the planning commission shall make a written recommendation to the city council whether to
approve, approve in modified form, or disapprove any proposed amendment. The city council shall be the
decision authority for all general plan amendments, specific plans, and zoning amendment requests.
B. Initiation. Proposals to amend the general plan, any specific plan, the zoning map or zoning
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44
Resolution No. 2003 —
Page 30
code may be initiated by either of the following methods:
1. By the owner or the owners agent of the affected property filing an application with the
community development director.
2. By the adoption of a resolution of intent by the city council either directly or upon the
recommendation of either the planning commission or the community development director.
C. Pre- Screenine. Applications for general plan amendments proposed pursuant to Section
17.44.050(B)(1) shall only be accepted following successful completion of a pre - screening application
review as established by resolution of the city council.
D. Study of Additional Area. The community development director, upon review of an
application or resolution of intention for an amendment to the general plan map, any specific plan map, or
zoning map may elect to process the study of additional areas for amendment concurrently with the
amendment request.
Section 17.44.060 Filing and processing of applications.
A. Submission of Applications. An application for a zoning clearance, discretionary permit or
variance, or an amendment or adoption of a general plan element or map, specific plan, zoning map or zoning
ordinance may be filed by the owner of the affected property or by an agent authorized by the affected property
owner. The application shall be filed with the community development director, conform to the requirements
of this title, contain all required materials and information prescribed by the forms supplied by the community
development director, and be accompanied by the appropriate processing fees as established by city council
resolution.
B. Fees.
1. Payment at Time of Application Submittal. Each application request shall be accompanied
by payment of the required fee established by Resolution of city council. No filing fee shall be charged or
collected for any application or appeal filed and signed by two planning commissioners or any individual
city councilmember in their official capacity.
2. Reimbursement for Code Enforcement Activities. Where a use has commenced, or
construction has begun prior to the granting of any required zoning clearance, discretionary permit or
exception, or amendment or adoption of a general plan element or map, specific plan, zoning map or zoning
ordinance, the applicant shall submit additional fees to cover the costs associated with code enforcement
activities at the time the application is submitted as determined by the community development director.
Payment of such additional fees shall not relieve persons from fully complying with the requirements of this
code, nor from any other penalties prescribed herein.
3. Failure to Pay. In the event that all fees and charges have not been paid prior to action on
the permit or variance the community development director shall include, as a condition of approval, the
requirement to pay all outstanding fees and charges consistent with the adopted city council fee resolution.
C. Existing Violations. No application pursuant to this title shall be accepted for processing if
there is an existing violation of the zoning ordinance, subdivision ordinance or municipal code on the
affected lot or building, until the violation is abated, unless the community development director has
determined that acceptance of the application is necessary to abate the existing violation.
D. Reapplication. No application pursuant to this title shall be accepted for processing for one
(1) year after a denial decision has become effective on a similar application as determined by the
community development director.
E. Content of Applications. The content of applications shall be determined by the community
development director and may include, but not be limited to site plans, building or structure elevations (in
color with building materials identified), floor plans, samples of exterior finishing materials, and
identification of development phases, if any.
F. Completeness of Application. A determination as to the completeness of an application
pursuant to this title shall be made by the community development director and the applicant shall be
notified in writing of this determination no later than thirty (30) calendar days after the city has accepted an
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44
Resolution No. 2003 —
Page 31
application under this title. Legislative acts, such as general plan amendments, zoning ordinance
amendments, zone changes, amendments to specific plans, specific plan adoption, and development
agreements, are not subject to this requirement. Upon written notification to the applicant, processing of an
incomplete application may be terminated if no reasonable effort has been made by the applicant to
complete the application for a period of ninety (90) days from the date of notification of incompleteness. All
unused fees shall be refunded to the applicant. An extension to this ninety (90) day period may be granted
by the community development director upon written request by the applicant showing good cause.
G. Review and Conditioning of Applications.
1. Agency Review. The community development director or designee may solicit comments
and recommendations on a permit or variance application from any city department, permitting agency,
service provider, and other interested party as deemed appropriate by the director or designee for the specific
application.
2. Consultant Review. The community development director or designee may refer any
application request to an independent, qualified consultant for review and evaluation of issues beyond the
expertise or staffing capabilities of the city. The costs for all such consultant work combined with the
administrative charge in effect at the time for management of the consultant contract shall be borne by the
applicant and are independent of the fees paid to the city for the processing of the application request.
3. Securities. Except as otherwise specified in this title, the decision - making authority may
require a performance security on any discretionary entitlement as a condition of such entitlement. The
security(ies) shall be filed in a form acceptable to the city attorney and certified by the city clerk.
a. The required amount of the security(ies) may be increased periodically by the community
development director in order to compensate for inflation (based on the applicable regional Consumer Price
Index) or other factors, so that the same relative value of the security is maintained over the life of the
permit, and to assure that performance securities continue to reflect the actual anticipated costs for
completing a required task. No security shall be released until after all of the applicable conditions of the
permit have been met.
b. In the event of any failure by the applicant to perform or comply with any term or condition
of a discretionary entitlement, the decision - making authority may, after notice to the applicant and after a
public hearing, determine by resolution the amount of the penalty, and declare all or part of the security
forfeited. The applicant will be jointly and severally obligated to pay forthwith the full amount of the
forfeiture to the city. The forfeiture of any security shall not insulate the applicant from liability in excess of
the sum of the security for damages or injury, nor from expense or liability suffered by the city from any
breach by the applicant of any term or condition of the discretionary entitlement or of any applicable
ordinance or of the security.
C. The applicant shall maintain the minimum specified amount of a penal security throughout
the life of the entitlement. Within thirty (30) days of any forfeiture of a penalty security, the applicant shall
restore the security to the required level.
4. Abandoned Oil/Gas Wells. All applications will be reviewed for the location over or near
any abandoned or idle - deserted oil or gas well, based on maps provided by the State of California
Department of Conservation Division of Oil, Gas, and Geothermal Resources (D.O.G.G.R.). The city will
notify D.O.G.G.R. of the location of any proposed project that is found to be over or near any such well(s).
H. Continuance of Permit During_ Application Renewal Process. Unless otherwise provided in
the conditions of the permit or variance, permits and variances being processed for renewal shall remain in
full force and effect until the renewal request is acted on and all administrative appeals have been exhausted,
provided that the renewal application was accepted as complete by the city prior to the expiration of the
permit. All the terms and conditions of the permit or variance shall continue to be in full force and effect.
Section 17.44.070 Public hearing procedures.
A. Notice. For applications pursuant to this title requiring a public hearing before the city
council or planning commission, the community development director shall prepare a public hearing notice.
The notice shall include the date, time and place of the hearing, the identity of the hearing body or officer, a
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44 `"�
Resolution No. 2003 —
Page 32
general explanation of the matter to be considered, and a general description, in text or by diagram, of the
location of the real property, if any, that is the subject of the hearing.
1. Publication. The community development director shall give notice of the public hearing,
consistent with the requirements of this section by publication at least ten (10) days prior to the hearing in a
newspaper of general circulation within the city, unless otherwise required by State or Federal statute.
2. Mailing. The community development director shall mail the notice of the public hearing
on permit or variance applications pursuant to Government Code Section 65091, as the same may be
amended from time to time. Notices shall be mailed to owners of real property, as identified on the latest
adjusted Ventura County Tax Assessor Roles, within one - thousand (1,000) feet of the exterior boundaries of
the assessor's parcel(s) subject to the hearing for all applications except applications affecting property
completely within the downtown specific plan boundaries and applications affecting one (1) single - family
residence, where notices shall be mailed to owners of real property, as identified on the latest adjusted
Ventura County Tax Assessor Roles, within three - hundred (300) feet of the exterior boundaries of the
assessor's parcel(s) subject to the hearing. If the number of owners to whom notice would be mailed is
greater than 1,000, the community development director may provide notice by placing a display
advertisement of at least one - eighth page in a newspaper of general circulation within the city at least ten
(10) calendar days prior to the hearing. In the case of appeal hearings, notice shall also be mailed to the
appellant and the decision - making authority whose order, requirement, permit, decision or determination is
the subject of the appeal at least ten (10) calendar days prior to the hearing.
3. Sien.
a. At least eleven (11) calendar days prior to the date of the public hearing, the applicant shall
install at least one non - illuminated sign on the subject property to notice the hearing. The sign shall be
thirty -two (32) square feet in area, not exceed eight (8) feet in height, and be placed in an area of the
property most visible to the public, not more than five (5) feet from the front property line in residential
areas, and not more than one (1) foot from the front property line in commercial and industrial areas. At
least one (1) sign for every five hundred (500) feet of street frontage shall be displayed per street frontage of
the subject property. The community development director may reduce the number of signs, however the
reduction shall be no less than one sign per street frontage.
b. The heading of the sign shall state: "Notice of public hearing on proposed development (fill
in the application name provided by the community development director) Case No. (fill in the case number
provided by the community development director)." The content of the sign shall describe the type of
project (residential, industrial or commercial), including the square footage, number of units, etc. Adjectives
such as "luxurious" or "elegant" shall not be used. The date, time and location of the public hearing, and the
telephone numbers and e-mail addresses of the developer and of case planner assigned to the application
shall also be included on the sign. The public hearing sign shall not contain any additional information
unless approved by the community development director.
C. The sign shall be removed from the property not more than twelve (12) calendar days after
the final action by the city on the application.
B. Hearing Process. For all discretionary entitlement applications with the exception of
administrative permits, temporary use permits, and administrative exceptions, the decision - making
authority(ies) shall hold at least one (1) public hearing. At least three (3) working days prior to such hearing,
the community development director shall prepare a report on the project, along with any recommendations,
and provide copies of the report to the decision - making authority, the applicant and parties requesting copies
of the report. Presentation of the director's report and the public hearing process shall follow the hearing
process as described in the adopted rules of the planning commission and city council.
C. Referral for Information, Report, or Stud X. The planning commission may refer an
application back to the community development director for further report, information, or study. The city
council may refer a matter back to the planning commission or the community development director for
further report, information or study.
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44 L �3
Resolution No. 2003 —
Page 33
Section 17.44.080 Decisions.
A. Decision Options. The decision - making authority reviewing an application for a
discretionary permit or exception may approve, conditionally approve, deny or modify, wholly or partly, the
application being reviewed. The authority may impose such conditions and limitations as it deems necessary
to assure that the general purpose and intent of this title and the Moorpark Municipal Code will be observed.
All conditions and restrictions applied to a decision on an application shall automatically continue to govern
and limit the subject use or structure unless the action of the decision - making authority clearly indicates
otherwise or the action of the decision - making authority is appealed.
B. Time Limits. All decisions on applications made pursuant to this title shall be made in
compliance with applicable time limits set forth by State law under the Permit Streamlining Act as most
recently amended, to the extent such applies, unless a mutually agreed -upon extension is approved by the
community development director and applicant as permitted by the Permit Streamlining Act.
C. Notice of Decision. The community development director shall notify the applicant of a
decision by the planning commission within thirty (30) calendar days following the effective date of a
decision. The city clerk shall notify the applicant of a decision by the city council within thirty (30)
calendar days following the effective date of a decision. The notification shall be provided in writing and
transmitted via U.S. mail or in an electronic format, such as through the internet or by facsimile. In the case
of appeals, the authority whose decision is the subject of an appeal shall also be notified of the decision.
D. Effective Date of Decisions.
1. A decision by the community development director or planning commission is effective ten
(10) calendar days from the date of decision unless an appeal is filed with the community development
director.
2. A decision of the city council is effective on the date it is rendered.
E. Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an
authority's decision until the expiration of the decision -maker authority's appeal period or until the appeal
has been resolved, whichever occurs later in accordance with section 17.44.090. Actions by the decision -
making authority are stayed pending the consideration of the appeal.
F. Expiration and Time Extension. Unless otherwise specified in this title or in the permit or
exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire one
(1) year from the date of approval unless the use is inaugurated in accordance with this title and the
application conditions. The applicant is solely responsible for the timely renewal of any application. The
city has no obligation to notify the applicant of the imminent expiration of the application. An application
for a time extension shall be filed with the community development director at least ninety (90) calendar
days prior to the date of expiration. The time extension application shall be filed on the forms supplied by
the community development director and shall be accompanied by the submittal requirements specified by
the director and the appropriate filing fee. The time extension process shall conform to the process for the
original permit or exception identified in section 17.44.060. In considering a request for a time extension,
the decision - making body may approve the request, deny the request, or modify or add to any conditions of
approval originally imposed due to changed circumstances since the permit or exception was originally
considered.
Section 17.44.090 Appeals.
A. Authorit.�to Appeal.
1. All actions and decisions of the community development director authorized by this title,
unless otherwise pre - empted, may be appealed by any person to the planning commission. The appellant
shall file the appeal in writing, along with the applicable fee, with the community development director.
The appellant shall state the reasons for the appeal and relate the reasons to the required findings for
approval of the application.
2. All actions and decisions of the community development director authorized by this title
may be appealed by any person to the planning commission. All actions of the planning commission
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44
Resolution No. 2003 —
Page 34
authorized by this title may be appealed by any person to the city council. The appellant shall file the appeal
in writing, along with the applicable fee, with the city clerk with a copy of the appeal filed with the
community development director. The appellant shall state the reasons for the appeal and relate the reasons
to the required findings for approval of the application.
3. The planning commission is the final authority on appeals of the community development
director, unless the action is appealed to the city council within the required time limits of section
17.44.090B. The city council is the final approval authority for appeals of planning commission actions
when filed within the time limits of section 17.44.090B.
B. Time Limits. All appeals shall be filed with the appropriate designated person as specified
above no later than the close of business ten (10) calendar days after the date of the final action of the decision -
making authority. If the tenth calendar day after the date of final action occurs on a day that the city is closed
for business, the appeal may be filed before the close of business on the next day that the city is open for
business.
C. Fees. Persons filing appeals shall pay all applicable fees in effect at the time of the appeal as
established by Resolution of the city council, unless exempt per Section 17.44.060(B)(1). No fee shall be
required when the item is appealed by a city councilmember.
D. Appeal Process.
1. The appellate body shall review the project application in the same form as reviewed by the
original decision maker and the review shall be conducted de novo.
2. An appeal shall be subject to the same type of public action process (i.e., action item
without public hearing or public hearing item) and public noticing as required for the original project
application.
3. An appeal shall be scheduled for the next available regular meeting of the appellate body
following completion of the required legal notice provisions.
Section 17.44.100 Modification, suspension and revocation.
A. Modification of Permits. An application for modification of an approved discretionary permit
or approved variance pursuant to this section may be filed by any person or entity listed in Section
17.44.060(A). Any change of an approved discretionary permit is also a discretionary decision and shall be
classified into one (1) of the following three (3) categories:
1. Permit Adjustment. Any change which would not alter any of the findings pursuant to this
title, nor any findings contained in the environmental documentation prepared for the permit, and would not
have any adverse impact on surrounding properties, may be deemed a permit adjustment and acted upon by
the community development director or designee without a hearing. Any change shall conform to the
development requirements of this title or adopted specific plan. Such changes many include, but are not
limited to, the following:
a. A maximum of ten percent (10 %) increase or decrease in floor area but not more or less
than five thousand (5,000) square feet, respectively;
b. A maximum of ten percent (10 %) increase or decrease in the area or height of walls, fences
or similar structures used as screening;
C. A maximum of ten percent (10 %) increase or decrease in provision for landscaping or
similar standards or dimensions;
d. Internal remodeling or minor exterior architectural changes or embellishments involving no
change in basic architectural style;
e. A change in use where the new use requires the same or a lesser permit than the approved or
existing use; or the establishment of a new use in an unoccupied building for which a permit has been
granted.
2. Permit Modification. Any proposed change that exceeds the criteria of a permit adjustment,
but is not extensive enough to be considered a substantial or fundamental change in the approved
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44
Resolution No. 2003 —
Page 35
entitlement or use relative to the permit, would not have a substantial adverse impact on surrounding
properties, and would not change any findings contained in the environmental documentation prepared for
the permit, may be deemed a permit modification by the community development director. Action on the
permit modification application shall be by the decision - making body that approved the original permit by
the same type of public action process (i.e., action item without public hearing or public hearing item) and
public noticing as required for the original project application.
3. New Permit Required. Any proposed modification that does not meet the criteria for a
permit adjustment or permit modification shall require a new permit application.
B. Suspension Modification or Revocation for Cause. Any permit or variance heretofore or
hereafter granted may be revoked, modified or its use suspended, by the same decision - making authority and
procedure which would approve the permit or variance under this title. Prior to taking any action the
applicant shall be given notice by U.S. Mail at least ten (10) business days prior to the date of the proposed
revocation, modification, or suspension and have an opportunity to be heard by the issuing body prior to any
such revocation, modification or suspension. An application for such modification, suspension or revocation
may be filed, along with applicable fees, by any person. The applicant for such modification, suspension or
revocation shall have the burden of proving one (1) or more of the following causes:
1. The application request, which was submitted, was not in full, true and correct form.
2. The entitlement for which an approval was granted does not comply with the terms and
conditions of the entitlement.
3. The entitlement was issued erroneously.
4. The project is not in compliance with terms or conditions of the permit or variance;
5. The project subject to the permit or variance, or any portion thereof, is or has been used or
maintained in violation of any statute, ordinance, law or regulation;
6. The use for which the permit or variance was granted has not been exercised for at least
twelve (12) consecutive months, has ceased to exist, or has been abandoned;
7. The use for which the permit or variance was granted has been so exercised as to be
detrimental to the public health, safety or general welfare or as to constitute a nuisance;
8. Changes in technology, or in the type or amount of development in the vicinity of the use,
or other good cause warrants modification of conditions of operation or imposition of additional conditions
of operation to assure that the use remains compatible with existing and potential uses of other property
within the general area in which the use is located.
C. Non - waiver. The failure of the community development director, planning commission or
city council to revoke a variance or permit, or to suspend its use, whenever cause therefore exists or occurs,
does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension
of the use.
D. Prohibition. No person shall carry on any of the operations authorized to be performed
under the terms of any permit or variance during any period of suspension thereof, or after the revocation
thereof, or pending a judgment of court upon any application for writ taken to review the decision or order
of the final appeal body in the city in suspending or revoking such permit or variance; provided, however,
that nothing herein contained shall be construed to prevent the performance of such operations as may be
necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance
or violation, for which a suspension of the permit or variance was ordered by the applicable city entity, or
such operations as may be required by other laws and regulations for the safety of persons and the protection
and preservation of property.
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44
RESOLUTION NO. PC- 2003 -450
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF AN ORDINANCE TO
AMEND CHAPTERS 17.20 (USES BY ZONE), 17.28
(STANDARDS FOR SPECIFIC USES), 17.44
(ENTITLEMENT - PROCESS AND PROCEDURES), 17.60
(AMENDMENTS TO THE GENERAL PLAN, SPECIFIC
PLANS, ZONING MAP AND ZONING CODE) AND CHAPTER
17.68 (PUBLIC NOTICES) OF THE MOORPARK
MUNICIPAL CODE
WHEREAS, on October 16, 1996, the City Council adopted
Resolution No. 96 -1237 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to allowing
recreation vehicle storage in the Commercial Planned Development
(CPD) zone; and
WHEREAS, on January 7, 1998, the City Council adopted
Resolution No. 98 -1423 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to revisions
to provide for outdoor seating for restaurants; and
WHEREAS, on April 3, 2002, the City Council directed the
Planning Commission to study, set a public hearing, and provide
a recommendation pertaining to amendments to the Zoning Code
related to permitted size of second dwelling units; and
WHEREAS, on August 21, 2002, the City Council directed the
Planning Commission to study, set a public hearing, and provide
a recommendation pertaining to amendments to the Zoning Code
related to entitlement and uses; and
WHEREAS, on September 9, 2002, the Planning Commission held
a public workshop on the entitlement and use regulations
contained in Chapters 17.20, 17.28, 17.44, 17.60, 17.68 of the
Moorpark Municipal Code and gave direction to Community
Development staff on potential amendments to the regulations;
and
WHEREAS, the Community Development Department drafted
proposed amendments to the entitlement and use regulations in
response to direction from the Planning Commission; and
CC ATTACHMENT 2
RESOLUTION NO. PC- 2003 -450
Page 2
WHEREAS, the Community Development Director has reviewed
this project and found it to qualify for a General Rule
Exemption in accordance with Section 15061 of the California
Code of Regulations (CEQA Guidelines), and based upon that
finding has determined the project to be exempt from further
environmental documentation; and
WHEREAS, at its meeting of June 17, 2003, and July 1, 2003,
the Planning Commission conducted a duly- noticed public hearing
on proposed amendments to Chapters 17.20, 17.28, 17.44, 17.60
and 17.68 of the Moorpark Municipal Code pertaining to
entitlement and use regulations, received public testimony on
the proposed amendments, and after receiving oral and written
public testimony, closed the public hearing; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. RECOMMENDATION: The Planning Commission
recommends to the City Council adoption of an ordinance to amend
Chapters 17.20, 17.28, 17.44, 17.60 and 17.68 of the Moorpark
Municipal Code pertaining to entitlement and use regulations of
the Moorpark Municipal Code as recommended by staff and modified
by the Commission as shown as Exhibits A, B, and C attached.
SECTION 2. CERTIFICATION OF ADOPTION:
The Community Development Director shall certify to the
adoption of this resolution and shall cause a cause a certified
resolution to be filed in the book of original resolutions.
RESOLUTION NO. PC- 2003 -450
Page 3
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners Pozza and Lauletta, Vice Chair DiCecco
and Chair Landis
NOES:
ABSTAIN:
ABSENT: Commissioner Peskay
PASSED AND ADOPTED THIS 1st DAY OF July, 2003.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit
"A ":
Amended
Chapter
17.20
Exhibit
"B ":
Amended
Chapter
17.28
Exhibit
"C ":
Amended
Chapter
17.44
14
17.20.010
Chapter 17.20
USES BY ZONE
Sections:
17.20.010
Purpose.
17.20.020
Use of matrices.
17.20.030
Uses not listed.
17.20.040
Exemptions from zoning
clearance.
17.20.050
Permitted uses in open space,
agricultural and special purpose
zones.
17.20.060
Permitted uses in commercial
and industrial zones.
17.20.010 Purpose.
Sections 17.20.050 and 17.20.060 list in matrix form
the uses that are allowed under this title. (Ord. 189 § 3
(8105 -0), 1994)
17.20.020 Use of matrices.
A. The following symbols indicate the type of permit
required for uses allowed in each zone (unless otherwise
indicated in city council Resolution No. 88 -523):
[Blank] Not permitted
♦ Permitted by zone clearance
■ Administrative permit
• Planning commission - approved planned
development permit
City council- approved planned development
permit
O Planning commission - approved conditional
use permit
0 City council - approved conditional use permit
NOTE: Approvals subject to change by city ordinance.
All uses located in the M -1 and M -2 zone which are
adjacent to residential zoned property shall require a city
council - approved conditional use permit prior to occupancy
of the building. Exception: All development permits or
zone clearances approved prier to the ordinance codified
in this title shall continue as legally conforming including
those approved and not yet built or occupied. However,
after a five (5) year period from adoption of the ordinance
codified in this title, this exemption shall no longer be valid
and all existing development and occupancies shall become
legal - nonconforming. Thereafter, all changes of uses shall
conform to Section 17.52.040C which states that, '"The
discontinuance for a period of one hundred eighty (180)
or more days of the nonconforming use, or a change of
nonconforming use to a conforming use, constitutes aban-
donment and termination status of the use, and therefore,
new uses shall be required to conform to the conditional
use permit requirement."
308 -1 (Moorpark 12 -98)
CC ATTACHMENT 3 �, ,
B. Uses shown in the matrix legend as "Permitted"
require a zoning clearance unless exempted under Section
17.20.040.
C. Each use is subject to all of the provisions of this
title.
D. For the purposes of this chapter, any use listed in
matrix form which is indented shall be construed as a
subheading of the heading under which it is indented.
E. Any use requested as an accessory use which is
listed in the matrix at Sections 17.20.050 and 17.10.060
as a main use shall be processed in accordance with the
indicated requirements of the main use.
1. Retail Sales in Industrial Zones. Retail sales may
be allowed in industrial zones under the following provi-
sions:
a. That the areas used for retail may not exceed twenty
percent (20%) of the entire floor area of the building;
b. That in the case of an industrial complex under
a single cumulative floor area of all buildings, twenty
percent (20%) of the cumulative floor area may be used
by any one (1) building for retail use;
c. Temporary retail sales may be allowed under the
provisions of the temporary use permit and must exhibit
verification of State Board of Equalization sellers permit.
The temporary permit shall be granted upon the stipulation
that the sales activity occur no more than once per month
and not on more than three (3) consecutive days;
d. Subsections (E)(1)(a) and (E)(1)(b) shall be allowed
only as a modification to the original development permit.
In the case of a nonexistent development permit, one shall
be required.
F. The abbreviations used in Sections 17.20.050 and
17.20.060 are to be interpreted as follows:
agric. — agriculture
GFA — gross floor area
H &SC — Health and Safety Code
prelim. — preliminary
Sq. ft. — square feet
W &IC — Welfare and Institutions Code
G. In accordance widr Section 17.04.040, the only uses
permitted are those listed as such in this utle.'Me following
list of specifically prohibited uses is provided for informa-
tional purposes, and is not intended to be comprehensive:
1. Nuclear powerplants;
2. Public polo events;
3. Racetracks for horses or motorized vehicles;
4. Stadiums;
5. The parking of motor vehicles on vacant land con-
taining no principal use;
6. Retail sales from wheeled vehicles, except as
permitted pursuant to Section 17.20.040R. (Ord. 189 § 3
(8105 -1), 1994)
17.20.020
17.20.030 Uses not listed.
Where a proposed land use is not identified in this chap-
ter, the director of community development shall review
the proposed use when requested to do so by letter and,
based upon the characteristics of the use, determine which
of the uses listed in this chapter, if any, is equivalent to
that proposed.
A. Upon a written determination by the director of
community development that a proposed unlisted use is
equivalent in its nature and intensity to a listed use, the
proposed use shall be treated in the same manner as the
listed use in determining where it is allowed, what permits
are required and what standards affect its establishment.
B. Determinations that specific unlisted uses are equiva-
lent to listed uses shall be recorded by the planning depart-
ment, and shall be considered for incorporation into the
zoning ordinance in the next scheduled ordinance amend-
ment. (Ord. 189 § 3 (8105 -2), 1994)
17.20.040 Exemptions from zoning clearance.
A zoning clearance is not required to be issued for the
following uses, if the uses meet the requirements of Section
17.44.030(B)(1)(a) and all other provisions of this title:
A. Public works projects constructed by the city or
its contractors;
B. OnWory maintenance and minor repairs to buildings,
not involving structural alterations;
C. Permitted crop production, including packing, storage
or preliminary processing of crops, where no structures
are involved;
D. Permitted underground fuel storage;
E. Permitted open storage (see Chapter 17.28);
F. Signs which are exempt under Section 17.40.080;
G. Permitted pet and farm animals (see Section
17.20.050 and Chapter 17.28);
H. The drilling of water wells for the production of
water on any lot if water from said well is used only on
the lot upon which the well is located;
I. Patios, paving and decks (see Chapter 17.24), when
constructed no more than thirty (30) inches above the
surrounding finished grade;
J. Fences and walls six (6) feet or less and retaining
walls three (3) feet or less in height (see Chapter 17.24);
K. Soil testing for wells, foundations, septic systems
and similar construction;
L. Swimming, wading or ornamental pools designed
for a water depth of less than eighteen (18) inches;
A Small public utility structures, such as electrical
boxes, transformers and valve apparatus, that have no
covered floor area and are attached to the ground by poles,
columns or pedestals;
309 (Noorvark 1 -01)
C F1 ' \ '(c 7 ��
v .. •J
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 structures, outdoor furtriture, 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 pernut pursuant
to Chapter 1736;
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 predetermined
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
0 Planning commission - approved planned
development permit
City council- approved planned development
permit
O Planning commission- approved conditional
use permit
® City council - approved conditional use permit
Table 17.20.050
PERMITTED 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. ft.
Over 1,000 to 5,000 sq. ft-
Over 5,000 to 20,000 sq. ft.
Over 20,000 to 100,000 sq. ft.
Over 100,000 sq. ft.
Apiculture2
Fish farms
More animals than are permitted by Section
17.28.0300
Contractors2 service and storage 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.
(Moorpark 1 -01)
310
OS AE RA RE RO R1 R2 RPD TP I
C „'m *9 "
r — .
♦ ♦
O
♦ ♦
O
O O
O O
O O
O
O
O
O O
O
O O
O
O O
O
♦ ♦
O
C „'m *9 "
r — .
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, retai12
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 - and - breakfast inns
Care facilities' (see also H &SC and W &IC)
Day: Care of 12 or fewer persons (State law
requirement related to day cane facilities for 7 -12)
Care of 13 or more persons
Intermediate: Care of 7 or more persons
(see definitions)
Residential: Care of 6 or fewer persons
Care of 7 or more persons
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
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 O
O
O
O
O
SEE ANIMAL HUSBANDRY
O O O
O
(Moorpark 1 -01)
0 —1-13
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
O
O
O
O
O
(Moorpark 1 -01)
0 —1-13
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:
MobilehomeIRV as temporary dwelling during
construction'
Second dwelling'
Room additions
Not for human habitation (with or without bathroom):
Second story patio /deck
Accessory structure over 120 sq. ft.
Over 1,000 sq. ft per structure; or over
2,000 sq. ft. per lot
Antenna, ground- mounted (noncommercial),
above 40 ft'
Dwellings, accessory uses
Animals'
Apiculture'
Aviaries
Farm animals' (other than horses/ponies)
` Horses/ponies'
Pet animals'
More animals than are permitted by Section
17.28.030C
Wild animals
Commercial uses, minor, for project residents
Home occupation
Storage, open's
Education and training
Colleges and universities
Schools, elementary and secondary (boarding and
nonboarding)
Energy production from renewable sources
Festivals and similar events, temporary outdoor
Government buildings
Correctional institutions
Fire stations
Law enforcement facilities
Grading'
Within an overlay zone
Hospitals
Hospitals for large animals
Libraries
(Moorpar k 1 -01)
312
OS AE RA RE RO RI 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
0
0
0
v
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
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
17.20.0 -50
313 (Moorparii 6 -02)
OS
AE
RA
RE
RO
R1
R2
RPD
TP
I
Mineral resource development
O
O
O
Mining and accessory uses2
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, aboveground2
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
O
O
Recreational sport and athletic facilities
CampS
O
O
O
CampgroundsZ
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 Bole
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
2
Caretaker recreational vehicle, accessory
RetreatsZ: 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 1'4
O
O
O
O
O
O
O
O
O
O
Wireless communications facilities5
O
O
O
O
O
O
O
O
O
O
Notes for Table 17.20.050:
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.
5. There are specific regulation for this use; see Chapter
17.42, including an
administrative
permit requirement
for a
pre - approved location on public property.
(Ord. 278 § 4, 2002: Ord. 264 § 2 (part), 1999; Ord. 196 § 3 (part), 1994; Ord. 189
§ 3 (81054),
1994)
313 (Moorparii 6 -02)
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
property 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
CO
development permit
CPD
City council - approved planned development
M2
permit
O
Planning commission- approved conditional
use permit
®
City council- approved conditional use permit
0
Administrative permit required
Temporary use permit
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
Airfields and landing pads and strips, private
Airports
Alcoholic beverage9
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)
Day 2.3
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
(Moorpark "2) 314
�r� r♦ .L+ .� ,q
C2
CO
Cl
CPD
MI
M2
I
C -OT
O
O
O
O
O
0
0
0
0
0
0
•
O
•
O
O
O
O
O
O
O
O
•
•
O
•
•
O
O
O
PROHIBITED
♦ 10
•
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
�r� r♦ .L+ .� ,q
Club projects, temporary outdoor
Communications facilities
Radio and television broadcasting stations
Conference center /convention center
Contractor service and storage yards and buildings
Crop productions
Firewood operations
Uses and structures, accessory
Dwelling, farm worker (maximum one per lot)
Fuel storage
Offices
Packing, preliminary processing, or storage of crops: Without
structureS4
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 - breakfast inns
Kennels (animal hospitals, boarding and grooming —small animals)
Laboratories: research and scientific
Medical and dental
Laundry service (iaundromats)
Laundry service (light)
Libraries and information center
Manufacturing associated with crafts and artisans
Assembly, exhibits, demonstration
Manufacturing industries
Apparel and related products
315
17.20.060
• •
L0,
(Moorpark 1 -01)
C2
CO
C1
CPD
M1
M2
I
C -OT
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
•
•
•
•
•
O
O
O
•
•
O
O
O
O
O
•
•
•
•
•
O
B
•
•
•
O
O
O
SEE CHAPTER 17.36
O
•
•
•
•
O
O
O
•
•
O
O
O
O
•
•
•
O
•
• •
L0,
(Moorpark 1 -01)
17.20.060
Dressmaking and tailor shops
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— laundromatS6
Laundry service — light'
Laundry service-- heavy6
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. fL 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
(Moorpark 1.01)
316
C2
CO C1 CPD M1 M2 I C -OT
• •
Z
O
O •
O •
O •
O
•
•
O
•
O
•
•
•
•
•
O
•
O
•
O
O
17.20.060
317 (M 1-01)
C2
CO
C1 CPD
Ml
M2
I
C -OT
Glass and glassware, pressed and blown, including flat glass
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
O
Motorcycles, bicycles and related parts
•
Martial arts and dance studios
•
Mineral resource development
Mining and accessory uses'
Less than 9 months in duration
O
O
Public works maintenance
Oil and gas exploration and production'
O
O
Motion picture and TV production, and related activities and structures
O
O O
O
O
O
O
Temporary (maximum 47 days in any 180 -day period)'-"
♦
♦ ♦
♦
♦
•
Offices: business, professional and administrative, except health and
veterinary
•
• •
•
O
•
Optical goods
O
Organizations (professional, religious, political, labor, trade,
youth, etc.)
O
Parks -- public
♦
Parking lots
•
• •
•
•
O
Pharmacy, accessory retail, for prescription pharmaceuticals only
Photocopy /quick printers
•
Photofinishing (1 -hour photo)
•
Pipelines and transmission lines, aboveground
O
O
O
O
Produce stands, retail
•
Propulsion (engine) testing
Public utility facilities"
O
O O
O
O
O
O
Offices only
•
• •
•
•
O
•
Service yards
•
O
Recording studios and sound stages
•
O
O
Rental and leasing of durable goods
O
O
O
Bicycle rental
•
Repair and reconditioning services
O
O
•
Automobile body work and painting
O
O
O
Automobile repair, including component repair
O
O
•
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
•
Antique store
♦'o
317 (M 1-01)
17.20.060
Outdoor sales area
Outdoor sales area temporary
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)
(Moorpark 1 -01) 318
C2
CO C1 CPD M1 M2 I C -OT
8
O
O O
• •
O
O
SEE PRINCIPAL USE
.I
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
.I
SEE CHAPTER 17.36
SEE PRINCIPAL USE
O O O O
O O
:_:
•
Y
O
O
• •
:_:
•
Y
l 7.20.060
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 Overlay Zone that have a
base zoning of CO.
11. There are specific regulations for this use; see Chapter 17.42, including an administrative permit requirement for
pre - approved location on public property.
(Ord. 278 § 5, 2002: Ord. 265 § 2 (part), 1999; 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 (Moorpark 6-02)
C2
CO Cl CPD
Mt
M2
I C-OT
Recycling facilities and centers
O
•
O
Water production, storage and distribution facilities: Private purveyors"
O O O
O
Wholesale trade
•
•
Wireless communications facilities"
O O O
O
O
O
Zoological gardens, animal exhibits and commercial aquariums
O
O
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 Overlay Zone that have a
base zoning of CO.
11. There are specific regulations for this use; see Chapter 17.42, including an administrative permit requirement for
pre - approved location on public property.
(Ord. 278 § 5, 2002: Ord. 265 § 2 (part), 1999; 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 (Moorpark 6-02)
17.24.090
Speed Limit Sight Distance
Chapter 17.28
On Major Street (mph) Required (ft.)
25 165
STANDARDS FOR SPECIFIC USES
30 190
35 225
Sections:
40 260
17.28.010
Purpose.
45 300
17.28.020
Standards relating to dwellings.
50 350
17.28.030
Standards relating to animals.
55 400
17.28.040
Auto, boat and trailer sales lots.
17.28.050
Mobilehome parks.
F. Light Fixtures. The following regulations apply to
17.28.060
Oil and gas exploration and
light fixtures over two (2) feet in height:
production.
1. Maximum height is twenty-four (24) feet (twelve
17.28.070
Produce stands.
(12) feet if within one hundred (100) feet of residentially
17.28.080
Recreational vehicle parks.
zoned property) unless a greater height is approved by the
17.28.090
Restaurants, bars and taverns.
director of community development or his designee.
17.28.100
Mining and reclamation.
2. Such fixtures shall not be placed in side setbacks.
17.28.110
Veterinary clinics.
3. Lights in excess of one hundred (100) watts shall
17.28.120
Motion picture and TV
not result in direct illumination of adjacent properties.
production, temporary.
4. A lighting plan shall be submitted for all approved
17.28.130
Outdoor sales and services,
entitlement projects governed by Chapter 17.44. The lighting
temporary.
plan shall achieve the following objectives: avoid interfer-
17.28.140
Christmas tree sales.
ences with reasonable use of adjoining properties; minimize
17.28.150
Temporary buildings during
on -site and off -site glare; provide adequate on -site lighting;
construction.
limit electroliers height to avoid excessive illumination;
17.28.160
Storage of building materials,
and provide structures which are compatible with the total
temporary.
design of the proposed facility.
17.28.170
Campgrounds.
5. Fixtures must provide sharp cut -off qualities which
17.28.180
Camps.
minimize light spillage at property lines.
17.28.190
Retreats.
6. Energy-efficient lighting fixtures shall be provided
17.28.200
Golf courses.
which are compatible with adjacent properties.
17.28.210
Buildings for the growing of
7. No direct light source (bulb) shall be visible from
crops.
the road.
17.28.220
Temporary pet vaccination
8. The architectural design of the pole(s) and lamp(s)
clinics.
shall complement the design of the building.
17.28.230
Day care facilities.
9. Eliminate upward light spillage. (Ord. 189 § 3
17.28.240
Nonmotorized wheeled
(8106 -8), 1994)
conveyance facilities and uses.
17.28.250
Caretaker recreational vehicle,
-
accessory.
17.28.010 Purpose.
The purpose of this chapter is to set forth standards and
regulations which apply to proposed uses as listed. (Ord.
189 § 3 (8107 -0), 1994)
17.28.020 Standards relating to dwellings.
A. Antennas, Ground - Mounted. No antenna or mast
shall exceed seventy-five (75) feet in height. The crank -up
variety of ham radio antennas should be used. All units
are encouraged to be color - coordinated to harmonize with
predominant structural background material, so as to reduce
visual impacts. Where feasible, support structures shall
326
CC ATTACHMENT 4
be screened from public view. The most unobtrusive
locations for the antennas are generally in the rear yard,
behind trees and adjacent to main or accessory buildings
in order to provide background screening for the support
structure. The height, nature, texture and color of all
materials to be used for the installation, including landscape
materials, shall be submitted with the permit application.
B. Home Occupations. See Chapter 5.88.
C. Mobilehomes and Manufactured Housing.
1. Mobilehome Construction. Mobilehomes may be
used as single - family dwellings if the mobilehome was
constructed on or after June 15, 1976. Mobilehomes used
as second dwellings are subject to this date limitation.
2. Mobilehome Foundation System. Mobilehomes
which are used as single - family residences or as caretaker
or farm worker dwellings shall be installed on a foundation
system in compliance with Chapter 2, Article 7, Section
1333 of Title 25 of the California Administrative Code.
Nonconforming mobilehomes renewed under a continuation
permit shall be in compliance with the applicable provisions
of Chapter 2, Article 7 of Title 25.
3. Exterior Siding. Exterior siding of a single - family
dwelling shall extend to the ground level, or to the top
of the deck or structural platform where the dwelling is
supported on an exposed pile foundation complying with
the requirements of Sections 2908 and 2909 of the Uniform
Building Code, or to the top of a perimeter foundation.
For mobilehomes used as caretaker or farm worker dwell-
ings, manufactured mobilehome skirting shall completely
enclose the mobilehome, including the tongue, with a color
and material that will be compatible with the mobilehome.
The siding shall be covered with an exterior material
customarily used on conventional dwellings and approved
by the department of community development.
4. Site Plan and Elevations. The site plans and eleva-
tions of the proposed housing unit are subject to review
and approval of the department of community development.
Applicants are required to submit designs which are in
keeping with the overall character and quality of the neigh-
borhood and community.
5. Roof Pitch. The mobile home or manufactured
housing unit shall have a roof with a pitch of not less than
two (2) inches vertical rise for each twelve (12) inches
of horizontal run and consisting of shingles or other material
customarily used for conventional dwellings and approved
by the department of community development and the
building official.
6. Porches and Eaves. The mobile home or manufac-
tured housing unit may be required to have porches and
eaves, or roofs with eaves when, in the opinion of the
department of community development, it is necessary to
make it compatible with the dwellings in the area.
327
17.28.020
D. Mobilehome or Recreational Vehicle as Temporary
Dwelling During Construction. A mobilehome or recre-
ational vehicle may be used by the owner (s) of a lot as
a temporary dwelling unit for twelve (12) months during
construction of a residence for which a building permit
is in full force and effect on the same site. The director
of community development may grant one (1) additional
twelve (12) month period and a time extension if substantial
progress toward construction of the principal residence
is being made. Said mobilehome or recreational vehicle
shall be connected to the permanent water supply and
sewage disposal system approved by the Ventura County
environmental health division for the structure under
construction. Within forty-five (45) days after a clearance
for occupancy is issued by the city division of building
and safety, any such recreational vehicle shall be
disconnected from such systems and cease being used as
a dwelling, and any such mobilehome shall be removed
from the site. A temporary mobilehome or recreational
vehicle may be accessory to construction on adjacent lots
under the same ownership as the lot on which the
mobilehome or recreational vehicle is installed. A bond
or cash deposit shall be required in the amount to cover
removal of the temporary mobilehome prior to receiving
city approval for the placement of the temporary dwelling.
The amount of the deposit shall be determined by the
director of community development.
E. Model Homes/Lot Sales. Model homes, or a tempo-
rary office, for the limited purpose of conducting sale only
of lots or dwellings in the subdivision, or dwellings of
similar design in another subdivision in the vicinity may
be permitted, subject to the following provisions:
1. The model homes or lots sales are part of an ap-
proved tentative map.
2. Road plans shall be submitted to the public works
department for approval.
F. Open Storage.
1. There shall be no open storage in any front or street -
side setback, or in an area three (3) feet wide along one
(1) side lot line.
2. On lots of twenty thousand (20,000) square feet
or smaller, open storage shall not exceed an aggregate area
of two hundred (200) square feet. On lots greater in area
than twenty thousand (20,000) square feet, the aggregate
area shall not exceed one percent (1 %) of the total lot area,
up to a maximum of one thousand (1,000) square feet. Lots
of forty (40) acres or more in the O-S and A -E zones are
permitted a maximum of two thousand (2,000) square feet
of open storage, provided that all open storage exceeding
one thousand (1,000) square feet is screened from view
from all public rights -of -way within three hundred (300)
feet of such additional storage area.
17.28.020
3. With the exception of boats and unstacked automo-
tive vehicles, the materials shall be limited to a height of
six (6) feet.
4. Open storage must be accessory to the principal
use of the property, and not related to any off -site commer-
cial business or activity.
5. The following are not considered to fall within the
definition of open storage, and are therefore exempt from
the above open storage regulations:
a. Materials or equipment kept on any lot for use in
construction of any building or room addition on said lot
for which a zoning clearance and necessary building permits
are obtained and in force, provided that such storage is
neat and orderly, and does not exceed an area equal to the
gross floor area of the building or addition under construc-
tion. Stored materials shall be installed within one hundred
eighty (180) days of their placement on the lot; however,
the director of community development may grant a time
extension for good cause, based on a written request from
the applicant;
b. Items used periodically or continuously on the
property by the resident(s) thereof, such as outdoor furniture,
trash cans or barrels, equipment for maintenance of the
property, outdoor cooking equipment, and recreational
equipment, accessory to the principal use;
c. Operative vehicles, boats, vehicles, or other items
placed on trailers which are operative and licensed for travel
on public thoroughfares;
d. One cord (128 cubic feet) of firewood, if stored
in a neat and orderly manner in one (1) location on the
lot.
G. Second Dwelling.
1. Standards and Requirements. A second dwelling,
as defined in Section 17.08.010, requires approval of an
administrative permit, and compliance with all of the
following standards and requirements:
a. A second dwelling shalt only be permitted on a
residential zoned lot that is one - fourth acre (ten thousand
eight hundred ninety (10,890) square feet) or larger in size.
b. The lot on which a second dwelling is to be con-
structed shall contain an existing single - family dwelling,
which is owner occupied at the time of application for a
zoning clearance and building permit for the second dwell-
ing.
c. Prior to the approval of a zoning clearance for a
second dwelling, the applicant shall be required to complete
a neighborhood notification process, as established by city
council resolution.
d. The maximum size of the second dwelling shall
be limited to the more restrictive of either thirty percent
(30%) of the existing single - family dwelling floor space
or the following lot size limitations:
328
i. Lots ten thousand eight hundred ninety (10,890)
square feet to twenty-one thousand seven hundred eighty
(21,780) square feet — a second dwelling shall not exceed
eight hundred (800) square feet.
ii. Lots twenty-one thousand seven hundred eighty-one
(21,781) square feet to forty -three thousand five hundred
sixty (43,560) square feet — a second dwelling shall not
exceed nine hundred (900) square feet.
iii. Lots greater than one (1) acre to five (5) acres (two
hundred seventeen thousand eight hundred (217,800) square
feet) — a second dwelling shall not exceed one thousand
(1,000) square feet.
iv. Lots greater than five (5) acres —a second dwelling
shall not exceed one thousand one hundred (1,100) square
feet.
e. No more than one (1) second dwelling is allowed
on each lot.
f . The second dwelling shall not be sold as a separate
unit, but it may be rented.
g. The lot must conform with the lot area, width and
depth requirements for the underlying zone. A second
dwelling shall not be allowed on a legal nonconforming
lot.
h. Establishment of a second dwelling shall not create
or increase a nonconforming use or structure. A second
dwelling shall not be allowed on a lot which contains a
legal nonconforming use or structure.
L Minimum yard setbacks from the property lines
for the second dwelling and associated garage or carport
structure shall be the same as is required for the existing
single - family dwelling based on the more restrictive of
either: (i) the setback requirements of an approved residen-
tial planned development (RPD) permit (see Section
17.36.030(8)(3)); or (ii) the setback requirements of the
applicable zone district (see Section 17.24.020).
j. Architectural standards of the second dwelling shall
conform to the existing single - family dwelling through
use of the appropriate building form, height, materials and
color. The roof material used for the second dwelling shall
be equal to or of higher quality than that used for the
existing single - family dwelling.
k. The only accessory structures that may be attached
to, or share a common wall with, a detached second dwell-
ing are a garage or carport.
1. The following parking standards shall apply:
i. The number of parking spaces required shall be
as follows:
(A) Second dwelling eight hundred (800) to nine hundred
(900) square feet in size — one (1) covered or uncovered
parking space is required.
(B) Second dwelling larger than nine hundred (900)
square feet in size — two (2) covered or uncovered parking
spaces are required.
(ii) The size of each required off - street parking space
shall be an unobstructed minimum of nine (9) feet wide
by twenty (20) feet long.
(iii) The parking space(s) provided for the second dwell-
ing shall not be located in a required dwelling unit setback
and shall be paved.
(iv) The requited off -street parking space(s) for a second
dwelling shall be in addition to the parking required for
the existing single - family dwelling, and shall be located
on the same lot as the existing single - family and second
dwellings.
(v) Access to the parking area for a second dwelling
shall be at least ten (10) feet wide and paved.
m. The director of community development may
approve the use of a mobilehome or a manufactured house
on a fixed foundation as a second dwelling, if the design
is compatible with the existing single - family dwelling and
the surrounding community, and all of the mobilehome
and manufactured housing standards of subsection C of
this section are complied with.
n. A second dwelling processing fee, as established
by city council resolution, shall be paid at the time of
application for a zoning clearance for a second dwelling.
2. Deferral of Decision on Application. The director
of community development may defer any approval or
denial decision on an application for a zoning clearance
for a second dwelling to the planning commission if the
proposal:
a. Involves significant public controversy; or
b. Is in conflict with the standards and requirements
of subsection (G)(1) of this section;
c. May be precedent setting; or
d. Should be deferred for any other cause deemed
justifiable by the director of community development.
H. Use of Structures for Dwelling Purposes. Structures
may not be used for human habitation except as specifically
permitted in this title.
I. Satellite Dish Antennas. The intent and purpose
of this section is to regulate the installation of satellite dish
antennas through the design review building process to
protect the environment, the character of the neighborhoods
or of the city as a whole, and the health, safety and general
welfare of the public.
1. Permitted Uses.
a. Satellite dish antennas shall be permitted uses upon
approval of the director of community development in the
residential zones in the case where the antenna is ground
mounted and the entire apparatus does not exceed eight
(8) feet from the ground, when the antenna is to be located
329
17.28.020
in the side or rear yard and conforms to the side or rear
yard residential setbacks for accessory buildings, when
the antenna is not visible from the public right -of -way,
and when the antenna is provided with a screening cover.
b. Satellite antennas located in any commercial, indus-
trial, public facility, or any multifamily zone, will be
required to receive approval from the department of com-
munity development. The department of community devel-
opment may issue a denial if the proposed location infiinges
on the adjacent property owner or does not meet certain
conditions to maintain aesthetics in the area. Such applica-
tion shall be filed with the department of community
development and shall include a plan showing the location
of the proposed antenna, height and width of antenna,
setback distances and description of the type of mount to
be used, and the landscape plans showing location of
existing trees, other natural features and proposed landscap-
ing features, including fence, wall or other screening, and
an application fee set by city council resolution.
2. General Provisions.
a. Only one (1) satellite dish will be allowed for a
single - family residential lot or apartment project.
b. The support structures for satellite dish antennas
in all zones, except for single- family residential zones where
the antenna is to be located in a side or rear yard, shall
be screened from view from public right -of -way, by use
of walls, fences and/or landscaping.
c. No advertising or text shall be permitted on the
satellite dish antenna, except for operational safety or
minimal logo information.
d. All satellite dish antennas, including the construc-
tion and installation thereof, shall conform to the Uniform
Building Code and Electrical Code requirements.
e. When attached to a main structure, the satellite dish
antenna shall not exceed the maximum building height in
the respective zone.
f. The satellite dish antenna shall not encroach into
any required setback except the rear residential setback,
nor shall it be in any required open space, private recreation
area or required parking space.
g. Outdoor wires necessary for the operation of the
antenna shall be placed underground or attached flush
against the building surface.
h. All units are encouraged to be color - coordinated
to harmonize with predominant structural background
material, so as to reduce visual impacts.
i. Satellite dish antennas outside of residential zones
may be located on rooftops with approval of the director
of community development only if ground mounting is
inappropriate or inaccessible. If allowed, roof - mounted
antennas shall be screened with such screening designed
*� ,r♦ T F^
17.28.020
as an integral part of the building, to have the same color
of the building.
j. The city council shall adopt by resolution a process
providing for notification of homeowner associations and
adjacent neighbors prior to action by the decision - making
authority. (Ord. 1% § 3 (part), 1994; Ord. 189 § 3 (8107 -1),
1994)
17.28.030 Standards relating to animals.
A. Purpose. These regulations are intended to establish
standards and conditions for the keeping of all animals
in the city while protecting the health, safety and welfare
of its residents.
B. General Provisions— Standards. All the standards
contained in this section shall apply equally to all properties
unless otherwise noted.
1. Enclosure. All animals shall be properly caged or
housed, and must be kept in their corrals, barns, pens or
other enclosure. All corrals, pens, coops, lofts, exercise
areas, or other similar structures shall be fenced or otherwise
enclosed to adequately confine the animal(s).
2. Maintenance. All buildings housing farm animals,
all animal enclosures and all pasture areas shall be main-
tained free from litter, garbage and the accumulation of
manure. Premises shall be maintained in a neat and sanitary
manner. If farm animals are not maintained in compliance
with these standards, or are otherwise allowed to become
a nuisance, the city shall initiate enforcement proceedings
as provided by this code.
3. Animals Not Classified Any animal not specifically
classified within this chapter shall be classified by the
director of community development, based upon a determi-
nation as to the probable negative impact of the health,
safety or general welfare upon the community.
C. Pet Animals. The keeping of pet animals is permitted
in all zones of the city, subject to the following provisions:
1. Dogs, Cats, Pot - Bellied Pigs and Miniature Horses.
a. Dogs, cats. pot -bellied pigs and miniature horses
are permitted to be kept upon lots used primarily for resi-
dential or agricultural uses, for recreational purposes (and
as protection) as provided in subsection (11)(1)(b) of this
section. They are permitted to be kept as an accessory use
upon any lot developed with an office, business or other
commercial or industrial use for the primary purpose of
protecting the premises from varmints and trespassers.
b. Multifamily dwellings in the city may have up to
two (2) dogs, cats, pot - bellied pigs or miniature horses
(in any combination). All other dwellings in the city may
have up to four (4) dogs, four (4) cats, four (4) pigs, or
four (4) miniature horses, or any combination not to exceed
a total of four (4) such animals.
330
c. The offspring of animals are allowed and shall not
be counted towards the maximum allowed number until
they are of weanable or self- sufficient age. Dogs and cats,
pot - bellied pigs and miniature horses shall be counted as
weaned at four (4) months of age or more.
2. Other Allowed Household Animals.
a. A maximum of fifteen (15) other domestic animals
such as domestic mice and rats, hamsters, guinea pigs,
chelonians, tropical fish, birds of the psittacine family
(enclosure must be set back at least fifteen (15) feet from
any dwelling or adjacent property).
b. Small caged crustaceans, amphibians and arthropods,
and other similar animals commonly sold in pet stores and
kept as household pets, may be kept upon any lot in any
zone where the principal use upon any such lot is residen-
tial, so long as animals are not maintained for commercial
purposes, do not constitute a nuisance, are adequately
provided with food, care and sanitary facilities, and do
not exceed a total of six (6) animals (fish being exempt)
on any lot either within or outside any dwelling. Offspring
shall not be counted until four (4) months from birth.
c. Animals that, because of size, specialized breeding
or other unique quality, cannot be clearly categorized may
be permitted (including total number) , upon approval of
the director of community development.
3. Animal Units. The keeping of faun animals as a
principal or accessory use, except for pet animals, shall
be permitted in accordance with the matrix and table of
animal unit equivalents set forth below:
17.28.030
Notes:
1. In calculations for permitted animals, fractional numbers are to be rounded to the lower whole number.
2. The offspring of animals are allowed and shall not be counted until they are of weanable or self - sufficient age.
3. These separation requirements do not apply to pet animals (see subsection C of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq. ft. in the R -A or R -E
zone; see subsection E of this section for exception.
ANIMAL UNIT EQUIVALENTS
The following table indicates the animal unit equivalents for each type of permitted animal and provides for different types
of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1) animal unit, a chicken
• is one -tenth ('/►o) of an animal unit, and so on. To calculate the number of any one (1) type of animal allowed on a property,
divide the total number of animal units allowed on the property by the animal unit equivalent for that animal.
Animal Type
Bull
Chicken
Cow
Donkey
Duck
Game hen
Racing pigeon
Goat, female
Goat, male
Goose
Guinea fowl
Animal Unit
Equivalent
1.0
.1
1.0
1.0
.1
.1
.05
.33
.5
.16
.5
Animal Type
Horse
Pony
Mule
Peafowl
Pig
Rabbit or other fur- bearing
animal of similar size at
maturity
Sheep
Turkey
Animal Unit
Equivalent
1.0
.5
1.0
.5
.5
.05
.16
No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty thousand (20,000) sq. ft.
in area in other zones.
331
Minimum Lot
Distance Separation
Zone
Area Required
Animal Units Permitted'2
Requirements'
O -S
10,000 sq. ft.
Lots less than 20,000 sq. ft.: two units°. Lots
Except for movement on and
A -E
of 20,000 sq. ft. to 10 acres: 1 unit per 10,000
off the property, animals shall
R -A
sq. ft. of lot area. Lots over 10 acres: no limit.
not be kept, maintained or used
in any way, inside or outside of
R -O
20,000 sq. ft.
Horses/ponies: 3 units plus 1 unit per 30,000
sq. ft. of total lot area. Other animals: 1 unit
any structure, within 40 feet of
per 10,000 sq. ft. of total lot area.
those portions of any structure
used for human occupancy, as-
sembly or habitation, other than
R-E
10,000 sq. ft.
2 units plus 1 unit per 20,000 sq. ft. of total
lot area.`
the residence of the owner or
keeper of such animals.
R -1
20,000 sq. ft.
1 unit per 10,000 sq. ft. of lot area.
Notes:
1. In calculations for permitted animals, fractional numbers are to be rounded to the lower whole number.
2. The offspring of animals are allowed and shall not be counted until they are of weanable or self - sufficient age.
3. These separation requirements do not apply to pet animals (see subsection C of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq. ft. in the R -A or R -E
zone; see subsection E of this section for exception.
ANIMAL UNIT EQUIVALENTS
The following table indicates the animal unit equivalents for each type of permitted animal and provides for different types
of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1) animal unit, a chicken
• is one -tenth ('/►o) of an animal unit, and so on. To calculate the number of any one (1) type of animal allowed on a property,
divide the total number of animal units allowed on the property by the animal unit equivalent for that animal.
Animal Type
Bull
Chicken
Cow
Donkey
Duck
Game hen
Racing pigeon
Goat, female
Goat, male
Goose
Guinea fowl
Animal Unit
Equivalent
1.0
.1
1.0
1.0
.1
.1
.05
.33
.5
.16
.5
Animal Type
Horse
Pony
Mule
Peafowl
Pig
Rabbit or other fur- bearing
animal of similar size at
maturity
Sheep
Turkey
Animal Unit
Equivalent
1.0
.5
1.0
.5
.5
.05
.16
No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty thousand (20,000) sq. ft.
in area in other zones.
331
17.28.030
D. Applicability of Lot Area Requirements. Abutting
lots under unified control, either through ownership or by
means of a lease, may be combined in order to meet
minimum area requirements for animal- keeping or to keep
a greater number of animals, but only for the duration of
such common ownership or lease, and only in zones which
allow the keeping of animals as a principal use.
E. Temporary Exception. In the R -E zone, the director
of community development may authorize the keeping of
a maximum of two (2) horses on lots of ten thousand
(10,000) to twenty thousand (20,000) square feet, and an
exception to the distance separation requirements for a
period of one (1) year, without holding a public hearing,
provided that the applicant submits:
1. A completed application form, as provided by the
director of community development;
2. A county assessor map, in duplicate, showing the
applicant's property outlined in red, the area and structures
to be devoted to animal use and the assessor parcel numbers
of all contiguous properties; and
3. A letter of consent from each resident located within
one hundred (100) feet of where the horses are to be kept,
maintained or used in any other way. The letter shall contain
the assessor parcel number, address and telephone number
of the contiguous resident, and shall state that the contiguous
resident is agreeable to the requested keeping of horses
and to the requested reduction of the distance separation
requirements.
F. Apiculture.
1. Street Separation. No beehive or box shall be located
or maintained within one hundred fifty (150) feet of any
public road, street or highway, or as determined by the
director of community development.
2. Apiary Location. A beehive or box shall be located
or maintained a safe distance from an urbanized area. For
the purpose of this section, an urbanized area is defined
as an area containing three (3) or more dwelling units per
acre. As the size of the area increases, the number of
dwelling units must increase proporticfnately by a minimum
of (3) three dwelling units per acre. A "reasonable distance"
shall be determined after investigation by the director of
community development. Decisions of the director of
community development may be appealed pursuant to
Section 17.44.090.
3. Dwelling Separation. No beehive or box shall be
located or maintained within four hundred (400) feet of
any dwelling on adjacent property.
4. Property Line Separation. No apiary shall be located
or maintained within fifty (50) feet of any property line
common to other property except that it may be adjoining
the property line when such other property contains an
332
apiary, or upon mutual agreement for such location with
the adjoining property owner.
5. Water. Available adequate and suitable water supply
shall be maintained on the property near the apiaries at
all times. (Ord. 189 § 3 (8107 -2), 1994)
17.28.040 Auto, boat and trailer sales lots.
New and used automobile, trailer and boat sales yards
are subject to the following conditions:
A. No repair or reconditioning of automobiles, trailers
or boats shall be permitted unless such work is accessory
to the principal retail use and is done entirely within an
enclosed building.
B. Except for required landscaping, the entire open
area of the premises shall be surfaced with concrete or
asphaltic concrete. (Ord. 189 § 3 (8107 -3), 1994)
17.28.050 Mobilehome parks.
A. Mobilehome parks shall be developed in accordance
with all applicable standards, including density standards
(number of dwellings per unit of lot area), of the zone in
which the mobilehome park is located.
B. A mobilehome park may include, as part of an
approved permit, recreational and clubhouse facilities and
other accessory uses.
C. The minimum distance between structures in a
mobilehome park shall be ten feet, except that the minimum
distance between accessory structures shall be six (6) feet.
(Ord. 189 § 3 (8107 -4), 1994)
17.28.060 Oil and gas exploration and
production.
A. Purpose. The purpose of this section is to establish
reasonable and uniform limitations, safeguards and controls
for oil and gas exploration and production facilities and
operations within the city which will allow for the reason-
able use of an important city resource. These regulations
shall also ensure that development activities will be conduct-
ed in harmony with other uses of land within the city and
that the rights of surface and mineral owners are balanced.
B. Application. Unless otherwise indicated herein, the
purposes and provisions of Section 17.28.060 et seq. shall
be and are automatically imposed on and made a part of
any permit for oil or gas exploration and development issued
by city on or after March 24, 1983. Such provisions shall
be imposed in the form of permit conditions when permits
are issued for new development or for existing wells/
facilities without permits, or when existing permits are
modified. These conditions may be modified at the discre-
tion of the director of community development, pursuant
to Section 17.44.060B. Furthermore, said provisions shall
apply to any oil and gas exploration and development
operation initiated on or after March 24, 1983, upon
federally owned lands for which no land use permit is
required by the city. No permit is required by the city for
oil and gas exploration and production operations conducted
on federally owned lands pursuant to the provisions of the
Mineral Lands Leasing Act of I920 (30 U.S.C. Section
181 et seq.).
C. Definitions. Unless otherwise defined herein, or
unless the context clearly indicates otherwise, the definition
of petroleum- related terms shall be that used by the State
Division of Oil and Gas.
D. Required Permits. No oil or gas exploration or
production - related use may commence without or inconsis-
tent with a conditional use permit approved pursuant to
this title. Furthermore, a zoning clearance must be obtained
by the permittee to confirm consistency with the zoning
ordinance and/or conditional use permit prior to drilling
every well, commencing site preparation for such well(s),
or installing related appurtenances, as defined by the director
of community development. However, a single zoning
clearance may be issued for more than one (1) well or drill
site or structure. Possession of an approved conditional
use permit shall not relieve the operator of the responsibility
of securing and complying with any other permit which
may be required by other city ordinances, or state or federal
laws. No condition of a conditional use permit for uses
allowed by this title shall be interpreted as permitting or
requiring any violation of law, or any lawful rules or
regulations or orders of an authorized governmental agency.
When more than one (1) set of rules applies, the stricter
one shall take precedence.
E. Oil Development Guidelines. The general guidelines
that follow shall be used in the development of conditions
which will help ensure that oil development projects gener-
ate minimal negative impacts on the environment. The
guidelines shall be applied whenever physically and
economically feasible and practicable, unless the strict
application of a particular guideline(s) would otherwise
defeat the intent of other guidelines. An applicant should
use the guidelines in the design of the project and anticipate
their use as permit conditions, unless the applicant can
demonstrate that they are not feasible or practicable.
1. Permit areas and drill sites should generally coincide
and should only be as large as necessary to accommodate
typical drilling and production equipment.
2. The number of drill sites in an area should be
minimized by using centralized drill sites, directional drilling
and other techniques.
3. Drill sites and production facilities should be located
so that they are not readily seen.
333
17.28.060
4. Permittee and operators should share facilities such
as, but not limited to, permit areas, drill sites, access roads,
storage production and processing facilities and pipelines.
5. The following guidelines shall apply to the installa-
tion and use of oil and gas pipelines:
a. Pipelines should be used to transport petroleum
products off -site to promote traffic safety and air quality.
b. The use of a pipeline for transporting crude oil may
be a condition of approval for expansion of existing process-
ing facilities or construction of new processing facilities.
c. New pipeline corridors should be consolidated with
existing pipeline or electrical transmission corridors where
feasible, unless there are overriding technical constraints
or significant social, aesthetic, environmental or economic
reasons not to do so.
d. When feasible, pipelines shall be routed to avoid
important resource areas, such as recreation, sensitive
habitat, geological hazard and archaeological areas. Un-
avoidable routing through such areas shall be done in a
manner that minimizes the impacts of potential spills by
considering spill volumes, durations and projected paths.
New pipeline segments shall be equipped with automatic
shutoff valves, or suitable alternatives approved by the
director of community development, so that each segment
will be isolated in the event of a break.
e. Upon completion of pipeline construction, the site
shall be restored to the approximate previous grade and
condition. All sites previously covered with native vegeta-
tion shall be reseeded with the same or recovered with
the previously removed vegetative materials, and shall
include other measures as deemed necessary to prevent
erosion until the vegetation can become established, and
to promote visual and environmental quality.
6. Cuts or fills associated with access roads and drill
sites should be kept to a minimum to avoid erosion and
visual impacts. They should be located in inconspicuous
areas, and generally not exceed ten (10) vertical feet. Cuts
or fills should be restored to their original grade once the
use has been discontinued.
7. Gas from wells should be piped to centralized
collection and processing facilities, rather than being flared,
to preserve energy resources and air quality, and to reduce
fire hazards and light sources. Oil should also be piped
to centralized collection and processing facilities, in order
to minimize land use conflicts and environmental degrada-
tion, and to promote visual quality.
8. Wells should be located a minimum of eight hundred
(800) feet from occupied sensitive uses. Private access roads
to drill sites should be located a minimum of three hundred
(300) feet from occupied sensitive uses, unless this
requirement is waived by the occupant.
17.28.060
9. Oversized vehicles should be preceded by lead
vehicles, where necessary for traffic safety.
10. Lighting should be kept to a minimum to approxi-
mate normal nighttime light levels.
11. In the design of new or modified oil and gas produc-
tion facilities, best accepted practices in drilling and produc-
tion methods should be utilized, if capable of reducing
factors of nuisance and annoyance.
F. Oil Development Standards. The following are
minimum standards and requirements which shall be applied
pursuant to subsection B of this section. More restrictive
requirements may be imposed on a project through the
conditions of the permit. Measurements are taken from
the outside perimeter of the noise receptors noted below:
1. Setbacks. No well shall be drilled and no equipment
or facilities shall be located within:
a. On-C hundred (100) feet of any dedicated public
street, highway or nearest rail of a railway being used as
such, unless the new well is located on an existing drill
site and the new well would not present a safety or right -of --
way problem. If aesthetics is a problem, then the permit
must be conditioned to mitigate the problem;
b. Five hundred (500) feet of any building or dwelling
not necessary to the operation of the well, unless a waiver
is signed pursuant to subsection (F)(25) of this section,
allowing the setback to be reduced. In no case shall the
well be located less than one hundred (100) feet from said
structures;
c. Five hundred (500) feet of any institution, school
or other building used as a place of public assemblage,
unless a waiver is signed pursuant to subsection (F)(25)
of this section, allowing the setback to be reduced. In no
case shall any well be located less than three hundred (300)
feet from said structures;
d. Three hundred (300) feet from the edge of the
existing banks of "red line" channels as established by the
Ventura County flood control district (VCFCD), one hun-
dred (100) feet from the existing banks of all other channels
appearing on the most current United States Geological
Survey (USGS) two thousand (2,000) feet scale topographic
map as a blue line. These setbacks shall prevail unless the
permittee can demonstrate to the satisfaction of the public
works agency that the subject use can be safely located
nearer the stream or channel in question without posing
an undue risk of water pollution, and impairment of flood
control interests. In no case shall setbacks from streams
or channels be less than fifty (50) feet. All drill sites located
within the one hundred year floodplain shall be protected
from flooding in accordance with flood control district -
requirements;
e. The applicable setbacks for accessory structures
for the zone in which the use is located;
334
f. One hundred (100) feet from any marsh, small wash,
intermittent lake, intermittent stream, spring or perennial
stream appearing on the most current USGS two thousand
(2,000) feet scale topographic map, unless a qualified
biologist, approved by the city, determines that there are
no significant biological resources present or that this
standard setback should be adjusted.
2. Obstruction of Drainage Courses. Drill sites and
access roads shall not obstruct natural drainage courses.
Diverting or channeling such drainage courses may be
permitted only with the authorization of the public works
agency.
3. Removal of Equipment. All equipment used for
drilling, redrilling, and maintenance work on approved wells
shall be removed from the site within thirty (30) days of
the completion of such work unless a time extension is
approved by the director of community development.
4. Containment of Contaminants. Oil, produced water,
drilling fluids, cuttings and other contaminants associated
with the drilling, production, storage and transport of oil
shall be contained on the site unless properly transported
off -site, injected into a well, treated or re-used in an ap-
proved manner on -site or if allowed, off -site. Appropriate
permits, permit modifications or approvals must be secured
when necessary, prior to treatment or re-use of oil field
waste materials. The permittee shall furnish the director
of community development with a plan for controlling oil
spillage and preventing saline or other polluting or contami-
nating substances from reaching surface or subsurface
waters. The plan shall be consistent with requirements of
city, state and federal laws.
5. Securities. Prior to the commencement or continu-
ance of drilling or other uses on an existing permit, the
permittee shall file, in a form acceptable to the city attorney
and certified by the city clerk, a bond or other security
in the penal amount of not less than ten thousand dollars
($10,000.00) for each well that is drilled or to be drilled.
Any operator may, in lieu of filing such a security for each
well drilled, redrilled, produced or maintained, file a security
in the penal amount of not less than ten thousand dollars
($10,000.00) to cover all operations conducted in the city
of Moorpark, a political subdivision of the state of Califor-
nia, conditioned upon the permittee well and truly obeying,
fulfilling and performing each and every term and provision
in the permit. In case of any failure by the permittee to
perform or comply with any term or provision thereof,
the planning commission may, after notice to the permittee
and a public hearing, by resolution, determine the amount
of the penalty and declare all or part of the security forfeited
in accordance with its provisions. The sureties and principal
will be jointly and severally obligated to pay forthwith the
full amount of the forfeiture to the city. The forfeiture of
any security shall not insulate the permittee from liability
in excess of the sum of the security for damages or injury,
or expense or liability suffered by the city from any breach
by permittee of any term or condition of said permit or
of any applicable ordinance or of this security. No security
shall be exonerated until after all the applicable conditions
of the permit have been met.
6. Dust Prevention. The drill site and all roads or
hauling routes located between the public right -0f - -way and
the subject site shall be improved or otherwise treated as
required by the city and maintained as necessary to prevent
the emanation of dust. Access roads shall be designed and
maintained so as to minimize erosion, prevent the deteriora-
tion of vegetation and crops, and ensure adequate levels
of safety.
7. Light Emanation. light emanation shall be controlled
so as not to produce excessive levels of glare or abnormal
light levels directed at any neighboring uses. Lighting shall
be kept to a minimum to maintain the normal nighttime
fight levels in the area, but not inhibit adequate and safe
working light levels. The location of all flood lights and
an outline of the illuminated area shall be shown on the
landscape plan, if required, or on the requisite plot plan.
8. Reporting of Accidents. The permittee shall immedi-
ately notify the director of community development and
fire department and all other applicable agencies in the
event of fires, spills or hazardous conditions not incidental
to the normal operations at the permit site. Upon request
of any city agency, the permittee shall provide a written
report of any incident within seven (7) calendar days which
shall include, but not be limited to, a description of the
facts of the incident, the corrective measures used and the
steps taken to prevent recurrence of the incident. Note:
The provisions in Proposition 65 apply.
9. Painting. All permanent facilities, structures, and
aboveground pipelines on the site shall be colored so as
to mask the facilities from the surrounding environment
and uses in the area. Said colors shall also take into account
such additional factors as heat buildup and designation of
danger areas. Said colors shall be approved by the director
of community development prior to painting of facilities.
Time Period
Day (7:00 a.m. to 7:00 p.m.)
Evening (7:00 p.m. to 10:00 p.m.)
Night (10 :00 p.m. to 7:00 a.m.)
17.28.060
10. Site Maintenance. The permit area shall be main-
tained in a neat and orderly manner so as not to create
any hazardous or unsightly conditions such as debris; pools
of oil, water, or other liquids; weeds; brush; and trash.
Equipment and materials may be stored on the site which
are appurtenant to the operation and maintenance of the
oil well located thereon. If the well has been suspended,
idled or shut -in for thirty (30) days, as determined by the
Division of Oil and Gas, all such equipment and materials
shall be removed within ninety (90) days.
11. Site Restoration. Within ninety (90) days of revoca-
tion, expiration or surrender of any permit, or abandonment
of the use, the permittee shall restore and revegetate the
premises to as nearly its original condition as is practicable,
unless otherwise requested by the landowner.
12. Insurance. The permittee shall maintain, for the
life of the permit, liability insurance of not less than five
hundred thousand dollars ($500,000.00) for one (1) person
and one million dollars ($1,000,000.00) for all persons and
two million dollars ($2,000,000.00) for property damage.
This requirement does not preclude the permittee from being
self - insured.
13. Noise Standard.
a. Unless herein exempted, drilling, production and
maintenance operations associated with an approved oil
permit shall not produce noise, measured at a point outside
of occupied sensitive uses such as residences, schools, health
care facilities, or places of public assembly, that exceeds
the following standard or any other more restrictive standard
that may be established as a condition of a specific permit.
Noise from the subject property shall be considered in
excess of the standard when the average sound level,
measured over one (1) hour, is greater than the standard
that follows. The determination of whether a violation has
occurred shall be made in accordance with the provisions
of the permit in question.
b. Nomenclature and noise level description definitions
are in accordance with the city general plan goals, policies
and programs and the city general plan hazards appendix.
Measurement procedures shall be in accordance with the
city general plan hazards appendix.
c. The maximum allowable average sound level is
as follows:
Average Noise Levels (LEQ)
Drilling and Maintenance Phase
55 dB(A)
50 dB(A)
45 dB(A)
335
Producing Phase
45 dB(A)
40 dB(A)
40 dB(A)
17.28.060
For purposes of this section, a well is in the "producing
phase" when hydrocarbons are being extracted or when
the well is idled and not undergoing maintenance. It is
presumed that a well is in the "drilling and maintenance
phase" when not in the "producing phase."
14. Exceptions to Noise Standard. The noise standard
established pursuant to subsection (F)(13) of this section
shall not be exceeded unless covered under any of the
following provisions:
a. Where the ambient noise levels (excluding the
subject facility) exceed the applicable noise standards. In
such cases, the maximum allowable noise levels shall not
exceed the ambient noise levels plus three (3) dB(A).
b. Where the owners/occupants of sensitive uses have
signed a waiver pursuant to subsection (F)(25) of this
section indicating that they are aware that drilling and
production operations could exceed the allowable noise
standard and that they are willing to experience such noise
levels. The applicable noise levels shall apply at all locations
where the owners/occupants did not sign such a waiver.
15. Compliance with Noise Standard. When a permittee
has been notified by the planning division that his operation
is in violation of the applicable noise standard, the permittee
shall correct the problem as soon as possible in coordination
with the department of community development. In the
interim, operations may continue; however, the operator
shall attempt to minimize the total noise generated at the
site by limiting, whenever possible, such activities as the
following:
a. Hammering on pipe;
b. Racking or making -up of pipe;
c. Acceleration and deceleration of engines or motors;
d. Drilling assembly rotational speeds that cause more
noise than necessary and could reasonably be reduced by
use of a slower rotational speed;
e. Picking up or laying down drill pipe, casing, tubing
or rods into or out of the drill hole.
If the noise problem has not been corrected by seven
(7:00) p.m. of the following day, the offending operations,
except for those deemed necessary for safety reasons by
the director of community development upon the advice
of the Division of Oil and Gas, shall be suspended until
the problem is corrected.
16. Preventive Noise Insulation. If drilling, redrilling
or maintenance operations, such as pulling pipe or pumps,
are located within one thousand six hundred (1,600) feet
of an occupied sensitive use, the work platform, engine
base and draw works, crown block, power sources, pipe
rack and other probable noise sources associated with a
drilling or maintenance operation shall all be enclosed with
soundproofing sufficient to ensure that expected noise levels
do not exceed the noise limits applicable to the permit.
336
Such soundproofing shall be installed prior to the com-
mencement of drilling or maintenance activities, and shall
include any or all of the following: acoustical blanket
coverings, soundwalls, or other soundproofing materials
or methods which ensure that operations meet the applicable
noise standard.
17. Waiver of Preventive Noise Insulation. The applicant
may have a noise study prepared by a qualified acoustical
consultant, approved by the city. If the findings of the study
conclude that the proposed project will meet the city noise
standards contained in subsection (Fx13) of this section
and do not constitute a nuisance, then the soundproofing
requirement may be waived. If the findings show that a
noise level will be generated above and beyond the city
standards, then soundproofing must be installed sufficient
to meet the applicable noise standard. Where a waiver
pursuant to subsection (F)(25) of this section is signed,
no preventive noise insulation will be required.
18. Soundproofing Material. All acoustical blankets
or panels used for required soundproofing shall be of
fireproof materials and shall comply with California Indus-
trial Safety Standards and shall be approved by the Ventura
County fire protection district prior to installation.
19. Hours of Well Maintenance. All nonemergency
maintenance of a well, such as the pulling of pipe and
replacement of pumps, shall be limited to the hours of seven
(7:00) a.m. to seven (7:00) p.m. of the same day if the
well site is located within three thousand (3,000) feet of
an occupied residence. This requirement may be waived
by the director of community development if the permittee
can demonstrate that the applicable noise standard can be
met or that all applicable parties within the prescribed
distance have signed a waiver pursuant to subsection (F)(25)
of this section.
20. Limited Drilling Hours. All drilling activities shall
be limited to the hours of seven (7:00) a.m. through seven
(7:00) p.m. of the same day when they occur less than eight
hundred (800) feet from an occupied sensitive use. Night-
time drilling shall be permitted if it can be demonstrated
to the satisfaction of the director of community development
that the applicable noise standard can be met or that all
applicable parties within the prescribed distance have signed
a waiver pursuant to subsection (F)(25) of this section.
21. Signs. In addition to the signage otherwise allowed
by Chapter 17.40, only signs required for directions, instruc-
tions and warnings, identification of wells and facilities,
or signs required by other city ordinances or state and
federal laws may be placed in areas subject to an oil and
gas conditional use permit. Identification signs shall be
a maximum four (4) square feet in size and shall contain,
at minimum, the following information:
a. Division of Oil and Gas well name and number;
b. Name of owner /operator;
c. Name of lease and name and/or number of the well;
d. Name and telephone number of person(s) on twenty-
four (24) hour emergency call.
The well identification sign(s) shall be maintained at
the well site from the time drilling operations commence
until the well is abandoned.
22. Fencing. All active well sites (except submersible
pumps), sumps and/or drainage basins or any machinery
in use or intended to be used at the well site or other
associated facilities shall be securely fenced, if required,
based on the director of community development's deter-
mination that fencing is necessary due to the proximity
of nearby businesses, residences, or other occupied sensitive
uses. A single, adequate fence which is compatible with
surrounding area, may be used to enclose more than one
(1) oil well or well site and appurtenances. Location of
fences shall be shown on a submitted plot plan and/or
landscape plan, if required. Fences must meet all Division
of Oil and Gas regulations.
23. General Standards. Projects shall be located, designed
and operated so as to minimize their adverse impact on
the physical and social environment. To this end, dust,
noise, vibration, noxious odors, intrusive light, aesthetic
impacts and other factors of nuisance and annoyance shall
be reduced to a minimum or eliminated through the best
accepted practices incident to the exploration and production
of oil and gas.
24. Screening and Landscaping. All oil and gas produc-
tion areas shall be landscaped so as to screen production
equipment in a manner consistent with the natural character
of the area, if required, based on the director of community
development's determination that landscaping is necessary.
Required landscaping shall be implemented in accordance
with a landscape and irrigation plan to be approved by
the director of community development or his/her designee
after consultation with the property owner. The landscape
plan shall be consistent with the city guide to landscape
plans and shall include measures for adequate screening
of producing wells and permanent equipment from view
of public roads or residential uses, revegetation of all cut
and fill banks, and the restoration of disturbed areas of
the site not directly related to oil and gas production. Low
water usage landscaping and use of native plants shall be
encouraged.
25. Waivers. Where provisions exist for the waiver of
an ordinance requirement, the waiver must be signed by
the owner and all adult occupants of a dwelling, or in the
case of other sensitive uses, by the owner of the use in
question. Once a waiver is granted, the permittee is exempt
from affected ordinance requirements for the life of the
waiver. Unless otherwise stated by the signatory, a waiver
337
17.28.060
signed pursuant to subsection (F)(14)(b) of this section
shall also be considered a waiver applicable to subsections
(F)(16). (17), (19) and (20) of this section.
26. Application of Sensitive Use Related Standards.
The imposition of regulations on petroleum operations,
which are based on distances from occupied sensitive uses,
shall only apply to those occupied sensitive uses which
were in existence at the time the permit for the subject
oil operations was approved.
27. Inspection, Enforcement and Compatibility Review.
To ensure that adequate funds are available for the legiti-
mate and anticipated costs incurred for monitoring and
enforcement activities associated with new or modified
oil- and gas - related conditional use permits, the permittee
shall deposit with the city funds, determined on a case -by-
case basis, prior to the issuance of a zoning clearance. The
funds shall also cover the costs for any other necessary
inspections or the resolution of confirmed violations that
may occur. One (1) deposit may be made to cover all of
the permittees various permits. In addition, all new or
modified conditional use permits for oil- and gas- related
uses shall, at the discretion of the director of community
development, be conditioned to require a compatibility
review on a periodic basis. The purpose of the review is
to determine whether the permit, as conditioned, has
remained consistent with its findings for approval and if
there are grounds for proceeding with public hearings
concerning modification, suspension or revocation of the
permit. (Ord. 189 § 3 (8107 -5), 1994)
17.28.070 Produce stands.
A. One (1) produce stand per lot is allowed.
B. A produce stand shall be permitted only if accessory
to permitted crop production on the same lot, and only
if at least twenty -five percent (25 %) of the area of the lot
is devoted to crop production.
C. A produce stand may sell raw unprocessed fruits,
vegetables, nuts, seeds and cut flowers grown on the same
lot and on other lots in the city.
D. A produce stand may sell only those ornamental
plants that are grown on the same lot as such stand is
located.
E. No commodities other than those listed above may
be sold from a produce stand.
F. The floor area of such stand shall not exceed four
hundred (400) square feet each.
G. Such stand shall not be located or maintained within
thirty (30) feet of any public road, street or highway. This
setback area shall be kept free to provide for off -street
parking.
H. The construction thereof shall be of a temporary
nature and shall not include a permanent foundation.
17.28.070
I. A produce stand may have one (1) freestanding
sign and one (1) attached sign, in addition to the attached
or freestanding sign otherwise allowed on the property,
provided that the respective area limits for attached and
freestanding signs, pursuant to Chapter 17.40, are not
exceeded in the aggregate. A sign for a produce stand may
have a commercial message. (Ord. 189 § 3 (8107 -6), 1994)
17.28.080 Recreational vehicle parks.
Each application for the development of a recreational
vehicle park, as defined in Title 25 of the California Admin-
istrative Code under "recreational trailer park," shall be
subject to the following regulations.
A. Development Standards.
1. Minimum lot area for a recreational vehicle park
shall be three (3) acres.
2. Minimum percentage of the net area of each recre-
ational vehicle park which shall be left in its natural state
or be landscaped shall be sixty percent (60%).
3. The maximum size of a recreational vehicle occupy-
ing a space in the park shall be two hundred twenty (220)
square feet of living area. Living area does not include
built -in equipment such as wardrobes, closets, cabinets,
kitchen units or fixtures, or bath and toilet rooms.
4. Building height and setbacks shall be as prescribed
in the applicable zone, except where Title 25 of the Califor-
nia Administrative Code is more restrictive.
45. No recreational vehicle or accessory building shall
be located less than six (6) feet from any other recreational
vehicle or accessory building on an adjacent space.
6. The distance from any picnic table to a toilet should
be not less than one hundred (100) feet nor more than three
hundred (300) feet.
7. All setbacks from streets and other areas in a recre-
ational vehicle park not used for driveways, parking,
buildings or service areas shall be landscaped.
8. Trash collection areas shall be adequately distributed
and enclosed by a six (6) foot high landscape screen, solid
wall or fence, which is accessible on one (1) side.
9. The minimum size of each recreational campsite
shall be one thousand (1,000) square feet, and the minimum
width shall be twenty-five (25) feet.
10. Any of the foregoing standards may be modified
subject to the provisions of Title 25, if evidence presented
to the decision - making authority establishes that such
modification is necessary to ensure compatibility with the
established environmental setting.
11. The maximum number of trailer spaces per net acre
of land shall be eighteen (18), unless a lower maximum
is specified in the conditional use permit for the park.
B. Site Design Criteria.
338
1. Each space should have a level, landscaped front
yard area with picnic table and a grill or campfire ring.
2. The office should be located near the entrance, which
should also be the exit.
3. The site should be designed to accommodate both
tent and vehicle campers (travel trailers, truck campers,
camping trailers, motor homes) and shall be designed so
as to minimize conflicts between vehicles and people.
4. Drive- through spaces should be provided for towed
trailers.
5. Walls or landscaped earthen berms should be used
to minimize noise from highway sources.
6. Utility conduits shall be installed underground in
conformance with applicable state and local regulations.
7. Intensity of development in Los Padres National
Forest shall not exceed permissible standards of the United
States Forest Service Manual, April, 1970, Title 2300 —
Recreation Management, experience level three (3), as may
be amended from time to time, unless evidence presented
to the decision - making authority demonstrates a necessity
and desirability to deviate from such standards, or unless
otherwise specified in this title.
8. Roadways and vehicle pads shall not be permitted
in areas of natural slope inclinations greater than fifteen
percent (15 %) or where grading would result in slope
heights greater than ten (10) feet and steeper than 2:1.
9. Where needed to enhance aesthetics or to ensure
public safety, a fence, wall, landscape screen, earth mound
or other screening approved by the director of community
development shall enclose the park.
10. Each site plan should also incorporate a recreational
or utility building, laundry facilities and an entrance sign,
made from natural materials, which blends with the land-
scape.
11. Each park shall be provided with sewer connections
or dump stations, or a combination thereof, to serve the
recreational vehicles.
C. Additional Provisions.
1. Each park may include a commercial establishment
on -site, not exceeding five hundred (500) square feet of
floor area, for the sole use of park residents.
2. Each park is permitted one (1) on -site mobilehome
to be used solely for the management and operation of
the park, pursuant to Title 25 of the California Administra-
tive Code.
3. No permanent building or cabana shall be installed
or constructed on any trailer space; however, portable
accessory structures and fixtures are permitted.
4. No travel trailers, trailer coaches, motorhomes,
campers or tents shall be offered for sale, lease or rent
within a recreational vehicle park.
5. Off -road motor vehicle uses which might cause
damage to vegetation or soil stability shall not be permitted
6. The maximum time of occupancy for any family
or recreational vehicle within any recreational vehicle park
shall be ninety (90) days within any one hundred twenty
(120) day period. (Ord. 189 § 3 (8107 -7), 1994)
17.28.090 Restaurants, bars and taverns.
A maximum of two (2) pool or billiard tables may be
accessory to this use. (Ord. 189 § 3 (8107 -8), 1994)
17.28.100 Mining and reclamation.
A. Purpose. The purpose of this section is to establish
reasonable and uniform limitations, safeguards and controls
for mining and accessory uses which will allow for the
reasonable use of an important city resource. These regula-
tions shall also ensure that mining activities will be conduct-
ed in harmony with the environment and other uses of land
within the city and that mineral sites will be appropriately
reclaimed.
B. Application. Unless otherwise indicated herein, the
purpose, intent and provisions of Section 17.28. 100 et seq.
shall be and are automatically imposed and made a part
of any permit for mining development issued by the city
on or after April 11, 1985. Furthermore, said provisions
shall apply to any mining development operation initiated
on or after April 11, 1985, upon federally owned lands
for which it has been determined that no land use permit
is required by the city.
C. Definitions. Unless otherwise defined herein, or
unless the text clearly indicates otherwise, the definition
of mining shall be that defined in this title.
D. Required Permits. No mining- related use may
commence without the appropriate conditional use permit
required pursuant to this title. Furthermore, a zoning
clearance must be obtained by the permittee prior to com-
mencing activities authorized by the conditional use permit,
as it may be modified. The issuance of a conditional use
permit shall not relieve the operator of the responsibility
of securing and complying with any other permit which
may be required by other city ordinances, or state or federal
laws. No condition of a conditional use permit for uses
allowed by this title shall be interpreted as permitting or
requiring any violation of law, or any lawful rules or
regulations or orders of an authorized governmental agency.
In instances where more than one (1) set of rules apply,
the stricter one shall take precedence.
E. Mining and Reclamation Guidelines. The general
guidelines that follow shall be used in the development
of conditions which will help ensure that mining projects
generate minimal negative impacts on the environment.
The guidelines shall be applied whenever physically and
339
17.28.080
economically feasible or practicable, unless the strict
application of a particular guideline(s) would otherwise
defeat the intent of other guidelines. An applicant should
use the guidelines in the design of the project and anticipate
their use as permit conditions, unless the applicant can
demonstrate that they are not physically or economically
feasible or practicable.
1. All mining and reclamation shall be consistent with
the city general plan, the county water quality management
plan (208 plan) and the State Surface Mining and Reclama-
tion Act of 1975 (SMARA), as amended, and state policy
adopted pursuant to SMARA.
2. Mining and accessory uses of less than nine (9)
months in duration are not renewable nor are such uses
allowed to continue operating for any reason beyond nine
(9) months after issuance of the permit.
3. No provisions in this title or in the city general plan
shall be construed to encourage any mining operation or
facility which would endanger the public's health, safety
or welfare, which would endanger private or public facilities
or which would prohibit the alleviation of a hazard by
hampering or precluding such activities as the maintenance,
restoration or construction of public works facilities.
4. In general, projects shall be located, designed and
operated so as to minimize their adverse impact on the
physical and social environment, including nanual resources.
To this end, dust, noise, vibration, noxious odors, intrusive
light, aesthetic impacts, traffic impacts and other factors
of nuisance and annoyance, erosion and flooding shall be
reduced to a minimum or eliminated through the best
accepted mining and reclamation practices, applicable to
local conditions, which are consistent with contemporary
principles and knowledge of resource management, flood
control engineering and floodplain management.
5. The extraction of aggregate shall strike a reasonable
balance with other resource priorities such as water, farm-
land, fish and wildlife and their habitat, sediment for
replenishment and the protection of public and private
structures and facilities.
6. The extraction of aggregate resources in rivers and
streams shall allow for the ongoing maintenance of viable
riparian ecology by preserving as many natural stream
elements as practical. Mining operations may provide for
the enhancement of some riparian ecosystems as a mitiga-
tion to compensate for significant adverse environmental
effects on other riparian ecosystems, thereby preserving
the overall quality of the riparian environment.
7. Appropriate and reasonable monitoring and enforce-
ment measures shall be imposed on each mining operation
which will ensure that all permit conditions, guidelines
and standards of Section 17.28. 100 et seq. are fulfilled.
17.28.100
8. Reclamation of a site shall include the removal of
equipment and facilities and the restoration of the site so
that it is suitable for subsequent uses which are consistent
with the plans for the area as well as the existing and
proposed uses in the general area. Reclamation shall be
conducted in phases on an ongoing basis, where feasible.
F. Mining and Reclamation Standards. The following
are minimum standards and requirements which shall be-
applied pursuant to subsection B of this section.
1. General Mining Standards. Projects shall be located,
designed, operated and notice of their activities provided
so as to minimize their adverse impact on the physical and
social environment and natural resources. To this end, dust,
noise, vibration, noxious odors, intrusive light, aesthetics,
traffic impacts and other factors of nuisance and annoyance,
erosion and flooding shall be reduced to a minimum or
eliminated through the best accepted practices which are
applicable to local conditions and incident to the exploration
for and extraction of aggregate resources. In addition,
mitigation measures should be consistent with contemporary
principles and knowledge of resource management, flood
control engineering and floodplain management. Further,
posting of signs and notification to neighboring property
owners of the project's activities shall be required where
necessary.
2. Setbacks. No processing equipment or facilities shall
be Permanently located and no mining shall occur within
the horizontal setbacks specified below:
a. One hundred (100) feet of any dedicated public
street or highway unless the public works agency determines
a lesser distance would be acceptable;
b. One hundred (100) feet of any dwelling not accesso-
ry to the project, unless a waiver is signed pursuant to
subsection (F)(13) of this section allowing the setback to
be reduced. In no case shall permanent processing facilities,
equipment or mining be located less than fifty (50) feet
from said structures.
c. Two hundred (200) feet of any institution, school
or other building used as a place of'public assemblage,
unless a waiver is signed pursuant to subsection (F)(13)
of this section allowing the setback to be reduced. In no
case shall permanent processing facilities or equipment
or mining be located less than one hundred (100) feet from
said structures. Other facilities and structures shall be set
back distances which are applicable for accessory structures
for the zone in which the use is located.
3. Obstruction of Drainage Courses. Mining operations,
access roads, facilities, stockpiling of mineral resources
and related mining activities shall be consistent with current
engineering and public works standards and in no case
shall obstruct, divert, or otherwise affect the flow of natural
340
drainage and flood waters so as to cause significant adverse
impacts, except as authorized by the public works agency.
4. Control of Contaminants, Runoff and Siltation.
Contaminants, water runoff and siltation shall be controlled
and generally contained on the project site so as to minimize
adverse off' -site impacts.
5. Dust Prevention. The project site and all roads or
hauling routes located between the public right -of -way and
the subject site shall be improved or otherwise treated as
required by the city and maintained as necessary to prevent
the emanation of dust.
6. Light Emanation. light emanation shall be controlled
so as not to produce excessive levels of glare or abnormal
light levels directed at any neighboring uses.
7. Painting. All permanent facilities and structures
on the site shall be colored so as to mask facilities visible
from surroundin-g uses and roadways in the area. Said colors
shall also take into account such additional factors as heat
buildup and designation of danger areas. Said colors shall
be approved by the director of community development
prior to painting of facilities.
8. Site Maintenance. The permit area shall be main-
tained in a neat and orderly manner so as not to create
unsightly conditions visible from outside the permitted area
or any hazardous conditions. Equipment and materials may
be stored on the site which are appurtenant to the operation
and maintenance of mining operations.
9. Reclamation Plan. No mining permit shall be ap-
proved without an approved reclamation plan which is:
(1) consistent with the provisions of the state Mining and
Reclamation Act of 1975 as amended; (2) consistent with
public works agency standards; (3) consistent with any
and all locally adopted resource management goals and
policies; and (4) compatible with the existing geological
and topographical features of the area. Additional consider-
ations, such as the following, shall also be addressed:
a. The creation of safe, stable slopes and the prevention
of subsidence;
b. Control of water runoff and erosion;
c. Views of the site from surrounding areas;
d. Availability of backfill material;
e . Proposed subsequent use of the land which will
be consistent with the general plan and existing and pro-
posed uses in the general area;
f. Removal or reuse of all structures and equipment;
g. The time frame for completing the reclamation;
h. The costs of reclamation if the city will need to
contract to have it performed;
i. Revegetation of the site;
j. Phased reclamation of the project area;
k. Provisions of appropriate securities to ensure comple-
tion of approved reclamation plans.
10. Removal of Equipment. All equipment on the project
site shall be removed from the site within one hundred
eighty (180) days of the termination of the use, unless a
time extension is approved by the director of community
development.
11. Application of Sensitive Use Related Standards.
The imposition of regulations on mining operations, which
are based on distances from occupied sensitive uses, shall
only apply to those occupied sensitive uses which were
in existence at the time the permit for the subject mining
operations was approved. The provisions of this section
shall continue for the life of the permitted mining operations
at the subject site.
12. Exceptions to Standards. Upon the written request
of the permittee, the director of community development
may grant temporary exceptions to the noise standards,
hours of operation and the conditions of a given permit
provided it is deemed necessary because of a declared public
emergency or the off -hours scheduling of a public works
project where a formal contract to conduct the work in
question has been issued.
13. Waivers of Standards. Where provisions exist for
the waiver of ordinance requirements, the waiver must be
signed by the owner and all adult occupants of a dwelling,
or in the case of other sensitive uses, by the owner of the
use in question. Once a waiver is granted, the permittee
is exempt from affected ordinance requirements relative
to the sensitive use in question for the life of the permitted
operations.
14. Reporting of Accidents. The pemvttee shall immedi-
ately notify the director of community development of any
incidents such as fires, explosions, spills, land or slope
failures or other conditions at the permit site which could
pose a hazard to life or property outside the permit area
Upon request of any city agency, the permittee shall provide
a written report of any incident within seven (7) calendar
days which shall include, but not be limited to, a description
of the facts of the incident, the corrective measures used
and the steps taken to prevent recurrence of the incident.
15. Contact Person. The permittee shall provide the
director of community development with the current name(s)
and/or position title, address and phone number of the
person who shall receive all orders, notices and communica-
tions regarding matters of condition and code compliance.
The person(s) in question shall be available by phone during
the hours that activities occur on the permit site, even if
this means twenty-four (24) hours a day.
16. Current Mining Plans. For mining projects located
in sensitive areas which operate under regularly changing
environmental conditions (e.g., in -river mining), a mining
plan shall be prepared by the permittee on a regular basis
in accordance with the applicable conditions of a project's
permit. Said plan shall describe how mining over the next
341
17.28.100
interval will be conducted in accordance with the intent
and provisions of the project's use permit. The plan shall
be reviewed and approved by the city at the permince's
expense. The review and approval of current mining plans
shall not be used in lieu of the formal modification process
to change the text and drawings of the permit conditions.
17. Permit Review. Monitoring of the permit or aspects
of it may be required as often as necessary to ensure
compliance with the permit conditions. In any case, the
permit and site shall be reviewed and inspected by the
planning division at least once every ten (10) years. The
purpose of said review is to ascertain whether the permittee
is in compliance with all conditions of the permit, and
whether there have been significant changes in environmen-
tal conditions, land use or mining technology, or if there
is other good cause which would warrant the director of
community development's filing of an application for
modification of the conditions of the permit. If such an
application is filed, it shall be at the city's expense and
modification of conditions would not occur without a duly
noticed public heating.
18. Enforcement Costs. Permit conditions shall be
imposed which will enable the city to recover the reasonable
and appropriate costs necessary for the reviewing and
monitoring of permit operations and the enforcing of the
applicable requirements of the zoning ordinance and the
conditions of this permit.
19. Civil Penalties.
a. In case of any failure by the permittee to perform
or comply with any term or provision of this conditional
use permit, the final decision - making authority that would
act on the permit may, after notice to the penmittee and
a public hearing, determine by resolution the amount of
the civil penalty to be levied against the permittee. Said
penalty shall be paid within thirty (30) days unless the
penalty is under appeal. Failure to pay the penalty within
the allotted time period shall be considered grounds for
suspension of the subject use, pursuant to Section
17.44.080B.
b. The maximum penalty that can be levied against
a permittee at any given time shall be in accordance with
the amounts set forth below. The amounts for a given permit
may be increased to adjust for inflation pursuant to the
conditions of the subject permit.
Total Perntitted Extraction Applicable Civil
(Life of the Project) Penalty Ceiling
Less than 10,000 cu. yards $ 5,000.00
10,000 to 99,999 cu. yards 10,000.00
100,000 to 999,999 cu. yards 15,000.00
1,000,000+ cu. yards 25,000.00
J..
17.28.100
20. Performance Securities. Performance bonds or other
securities may be imposed on any permit to ensure compli-
ance with certain specific tasks or aspects of the permit.
The amount of the security shall be based upon the actual
anticipated costs for completing the subject task if the city
were forced to complete it rather than the permittee. The
performance security may be posted in phases as tasks are
undertaken or required to be completed.
21. Insurance. The permittee shall maintain, for the
life of the permit, liability insurance of not less than five
hundred thousand dollars ($500,000.00) for one (1) person
and one million dollars ($1,000,000.00) for all persons,
and two million dollars ($2,000,000.00) for property dam-
age. This requirement does not preclude the permittee from
being self - insured. (Ord. 189 § 3 (8107 -9), 1994)
17.28.110 Veterinary clinics.
Veterinary clinics must be housed in a completely
enclosed, soundproof building, except as provided in Section
17.28.180. (Ord. 189 § 3 (8107 -10), 1994)
17.28.120 Motion picture and TV production,
temporary.
Such outdoor filming shall not result in high or unreason-
able levels of light, glare or noise being directed toward
neighboring properties, and shall not cause disturbances
in normal traffic flows, nor cause damage to flora or fauna.
The applicant shall obtain the appropriate permits and
approvals from the city and other city departments, and
shall restore the property to its original condition when
such filming is completed. The time limits stated in Chapter
17.20 for temporary filming apply to individual lots. (Ord.
189 § 3 (8107 -11), 1994)
17 .28.130 Outdoor sales and services,
temporary.
Such uses are permitted for one (1) calendar day in any
ninety (90) day period, provided that they do not disrupt
normal traffic flows and do not result in the blocking of
public rights -of -way, puking lot aisles or required parking
spaces. All related facilities and materials shall be removed
on the departure of the use. (Ord. 189 § 3 (8107 -12), 1994)
17.28.140 Christmas tree sales.
The outdoor sale of trees and wreaths for festive or
ornamental purposes is permitted during the forty -five (45)
day period immediately preceding December 25th. Such
sales activities shall not disrupt normal traffic flows, nor
result in the blocking of public rights -of -way, parking lot
aisles or required parking spaces. All related structures,
facilities and materials shall be removed by December 31st
of the same year. Christmas tree sales are allowed one (1)
342
temporary, unlighted identification sign not exceeding
twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13),
1994)
17.28.150 Temporary buildings during
construction.
A mobilehome, recreational vehicle or commercial each
may be used as a temporary dwelling unit or office on a
construction site in accordance with Section 17.20.060,
provided that a building permit for such construction is
in full force and effect on the same site. The unit shall
be connected to a water supply and sewage disposal system
approved by the Ventura County environmental health
division, and shall be removed from the site within forty-
five (45) days after a clearance for occupancy is issued
by the city department of building and safety. (Ord. 189
§ 3 (8107 -14), 1994)
17.28.160 Storage of building materials,
temporary.
The temporary storage of construction materials is
permitted on a lot adjacent to one on which a valid zoning
clearance and building permit allowing such construction
is in force, or on a project site within a recorded subdivi-
sion. Such storage is permitted during construction and
for forty-five (45) days thereafter. (Ord. 189 § 3 (8107 -15),
1994)
17.28.170 Campgrounds.
Campgrounds shall be developed in accordance with
the following standards:
A. Minimum lot area shall be three (3) acres.
B. At least seventy-five percent (75%) of the total site
shall be left in its natural state or be landscaped. The
remaining twenty -five percent (25%) of land is eligible
for development.
C. Each individual camp site shall be no less than one
thousand (1,000) sq. ft. and there shall be no more than
nine (9) sites per developable acre. Group camp sites shall
be designed to accommodate no more than twenty-five
(25) people per acre.
D. Where needed to enhance aesthetics or to ensure
public safety, a fence, wall, landscaping screen, earth mound
or other screening approved by the director of community
development shall enclose the campground.
E. Utility conduits shall be installed underground in
conformance with applicable state and local regulations.
F.. The design of structures and facilities, and the site
as a whole shall be in harmony with the natural surround-
ings to the maximum feasible extent.
G. Trash collection areas shall be adequately distributed
and enclosed by a six (6) foot high landscape screen, solid
wall or fence, which is accessible on one (1) side.
H. Off -road motor vehicle uses are not permitted.
I. The following standards apply to structures on the
site, apart from the personal residence(s) of the property
owner, campground director /manager or caretaker:
1. Structures are limited to restrooms/showers and
a clubhouse for cooking and/or minor recreational purposes.
2. There shall not be more than one set of enclosed,
kitchen - related fixtures.
3. There shall be no buildings that are used or intended
to be used for sleeping.
J. Campgrounds may include minor accessory recre-
ational uses such as swimming pools (limit one(1)) and
tennis courts.
K. Outdoor tent- camping is permitted.
L. No hook -ups for recreational vehicles are allowed.
M. Occupation of the site by a guest shall not exceed
thirty (30) consecutive days.
N. Parking Standards. See Section 17.32.01 OFF. (Ord.
189 § 3 (8107 -16), 1994)
17.28.180 Camps.
Camps shall be developed in accordance with the follow-
ing standards:
A. Minimum lot area shall be ten (10) acres.
B. Overnight population of guests and staff shall be
limited by the following calculations:
1. Camps on property zoned nual agricultural (R -A)-
lot size in acres x 2.56 = the maximum number of persons
to be accommodated overnight;
2. Camps on property zoned rural exclusive (R -E)-
lot size in acres x 10.24 = the maximum number of persons
to be accommodated overnight.
C. Total daily on -site population of guests and staff
shall be limited by the following calculations:
1. Camps zoned rural agricultural (R -A) — 5.12 x
lot size in gross acres = total population allowed on site.
2. Camps zoned rural exclusive (R -E) — 20.48 x lot
size in gross acres = total population allowed on site.
3. A larger total daily population may be allowed for
special events, the frequency to be determined by the
camp's use permit.
D. Building intensity shall be limited by the following
standards:
1. Overnight Accommodations. Structures or portions
of structures intended for sleeping and restrooms/showers
(excepting those for permanent staff as defined in subsection
(Dx3) of this section shall be limited to a collective average
of two hundred (200) square feet per overnight guest and
343
17.28.170
staff allowed per subsection B of this section (overnight
population).
2. All Other Roofed Structures or Buildings. The total
allowed square footage of all roofed structures or buildings
other than sleeping and restroom/shower facilities shall
be limited to one hundred (100) square feet per person
allowed per subsection C of this section (daily on -site
population).
3. The residence(s) of a limited number of permanent
staff such as the director, manager or caretaker are exempt
from the limitations of subsection (D)(1) of this section
(overnight accommodations).
4. Since the two (2) building intensity standards
(overnight and total daily) address distinctly different
facilities, they shall not be interchangeable or subject to
borrowing or substitutions.
E. Camp facilities shall have adequate sewage disposal
and domestic water.
F. Camp facility lighting shall be designed so as to
not produce a significant amount of light and/or glare at
the fast off -site receptive use.
G. Camp facilities shall be developed in accordance
with applicable city standards so as to not produce a
significant amount of noise.
H. Occupation of the site by a guest shall not exceed
thirty (30) consecutive days.
1. To ensure that the site remains an integral and
cohesive unit, specific methods such as the following should
be employed on a case -by -case basis: open space easements,
CC&R's that restrict further use of the land with the city
as a third party; low density zoning to prevent subdivision
of the site; and/or merger of parcels to create one (1) parcel
covering the entire site.
J. To avoid the loss of the site's natural characteristics
several methods should be employed on a case -by -case
basis to preserve these values: sixty percent (60%) of the
total site should remain in its natural state or be landscaped
and only passive recreational uses should be permitted.
K. Parking Standards. See Section 17.32.01 OFF. (Ord.
189 § 3 (8107 -17), 1994)
17.28.190 Retreats.
A. The minimum lot size for a retreat is five (5) acres.
B. A retreat shall not have sleeping accommodations
for more than twenty (20) people.
C. Floor area shall be limited to the following:
1. Maximum two hundred (200) square feet for each
overnight guest, for sleeping and restroom facilities;
2. Maximum two thousand (2,000) square feet for
all other buildings (other than structures for animals), such
as kitchen and dining areas, conference rooms, storage,
and the like.
17.28.190
D. No retreat structures shall exceed a height of fifteen
(15) feet.
E. A retreat may include minor accessory recreational
facilities such as horse facilities, equestrian trails, hot tubs,
one swimming pool and one (1) tennis court.
F. Structures related to a retreat shall be set back at
least one hundred (100) feet from public roads. Foliage
and natural topography shall be used to the maximum
feasible extent for screening of retreat structures from public
rights -of -way and from residential uses on adjacent proper-
ties.
G. Lighting for nighttime activities shall be directed
away from adjacent properties. (Ord. 189 § 3 (8107 -18),
1994)
17.28.200 Golf courses.
A golf course may include accessory structures as needed
for maintenance and for players on a day of golfing, in-
cluding a maintenance building, a pro shop, restrooms and
limited eating facilities. (Ord. 189 § 3 (8107 -19), 1994)
17.28.210 Buildings for the growing of crops.
Greenhouses, hothouses and the like shall be set back
at least twenty (20) feet from all property lines. (Ord. 189
§ 3 (8107 -20), 1994)
17.28.220 Temporary pet vaccination clinics.
Temporary pet vaccination clinics, as provided for in
Section 17.20.060, are subject to the following regulations:
A. Any such clinic shall operate no more than one
(1) day in any ninety (90) day period within a one (1) mile
radius of a previously conducted temporary clinic.
B. Such clinics shall provide preventive medical care
only, and shall not diagnose or treat injured, sick or diseased
animals, except to the extent necessary to provide immuni-
zation or vaccination.
C. All vaccinations shall be performed inside a trailer
or other portable structure.
D. Such clinics shall provide their services only during
daylight hours.
E. Such clinics shall not disrupt normal traffic flows,
and shall not result in the blocking of public rights -0f - -way
or parking lot aisles. All related materials and facilities
shall be removed on the departure of the clinic.
F. Facilities for the treatment and disposal of urine
and fecal wastes attributable to the clinic shall be provided
and utilized as necessary to keep the clinic and areas within
a one hundred (100) foot radius thereof clean and free of
flies and odors.
G. Sufficient staff, other than those administering
vaccinations, shall be available at the expense of the clinic
operator to control crowds, assist with the handling of
344
animals and keep the area clean. At least two (2) such staff
shall be provided in all cases. (Ord. 189 § 3 (8107 -21),
1994)
17.28.230 Day care facilities.
A. Care facilities serving six (6) or fewer persons are
subject to all development standards and requirements
applicable to single - family dwellings.
B. Day care facilities for seven (7) to twelve (12)
children, inclusive, including the children who reside at
the home, are subject to the procedural requirements of
Section 1597.46(a)(3) of the Health and Safety Code. (Ord.
189 § 3 (8107 -22), 1994)
17.28.240 Nonmotorized wheeled conveyance
facilities and uses.
A. Purpose. The purpose of this section is to establish
reasonable and uniform limitations, safeguards and controls
for the design, placement and use of facilities and structures
(hereinafter referred to as "facilities ") for the nonmotorized
wheeled conveyances such as, but not limited to: skate-
boards, bicycles, unicycles, tricycles and roller skates. Such
regulations are established to minimize the impact on
neighboring uses such as, but not limited to: unsightly
structures, noise, loss of privacy, traffic congestion, trespass-
ing, and risk of damage or injury from flying projectiles
and debris.
B. Application.
1. Facilities less than forty-two (42) inches in height
above adjacent finished grade level, which cover less than
thirty -two (32) square feet of aggregate ground area, and
do not have a platform on which to stand, are exempt from
the requirements of subsections C through J of this section.
Such exempt facilities must otherwise meet the provisions
of the zoning ordinance.
2. Those facilities not exempt may be permitted upon
issuance of a zoning clearance provided all standards of
this title are met.
3. Facilities that exceed the standards set forth in
subsections C through G of this section may be authorized
by a conditional use permit approved by the director of
community development.
C. Size. No point on a facility shall extend more than
eight (8) feet above adjacent finished grade level and no
facility or collection of facilities on a given lot shall cover
more than four hundred (400) square feet of aggregate
ground area.
D. Setbacks. All facilities shall be set back the follow-
ing distances from all other structures and property lines:
1. All facilities shall be set back a minimum of six
(6) feet from all other structures.
-y
2. AU facilities shall be set back a minimum of
twenty (20) feet from all property lines with an additional
five (5) feet of setback required for each one (1) foot in-
crease of height over six (6) feet above adjacent finished
grade level.
3. Facilities shall not be located in the area between
the public or private right -of -way and the front of the resi-
dence on the site, unless the facility is not visible from the
public or private right -of -way or neighboring dwellings
and otherwise conforms to the applicable setback require-
ments.
E. Construction Standards. All facilities shall be con-
structed so as to minimize visual and auditory impacts.
1. The sides of all facilities that are above ground
shall be enclosed with a solid material, such as plywood.
2. Spaces between finished grade and the lower;
horizontal surfaces of the facility shall be filled with earth
or other suitable solid material.
3. The backs of all surfaces not affected by subsec-
tion (E)(2) of this section shall be padded with sound -
absorbing material such as carpeting.
4. Facilities may be painted, stained, or left in their
natural finish. Posters, banners, handbills, bumper stickers,
or advertising materials of any kind shall not be affixed to
the facility, if visible from neighboring properties.
F. Number of Persons. The number of persons using
a facility or collection of facilities at a given site shall not
include more than six (6) individuals who are not residents
at the site where the facility is located.
G. Hours of Operation. The use of facilities shall be
limited to daylight hours between nine (9:00) a.m. and
seven (7:00) p.m., Monday through Saturday.
H. Maintenance. Facilities shall be maintained in a
neat, safe, and orderly manner.
I. Removal. Facilities shall be removed within
ninety (90) days when no longer used, or capable of being
safely used for their intended purpose.
J. Hold Harmless. The permittee shall provide the
city with a hold harmless agreement, acceptable to the
city, prior to the issuance of a zoning clearance, which
provides, in substance, that the permittee agrees to hold
the city harmless, indemnify and defend the city for any
loss or damage to property, or injury or loss of life arising
out of the use authorized by this zoning clearance.
K. Compensation. The use of the facility shall be
without monetary compensation to any of the parties in-
volved, nor operated in any way as a commercial enter-
prise. (Ord. 189 § 3 (8107 -23), 1994)
17.28.240
17.28.250 Caretaker recreational vehicle,
accessory.
In a park or recreation area owned or operated by the
city, the owner(s) of a recreational vehicle which is li-
censed and equipped for highway travel may reside in the
recreational vehicle for up to six (6) months in any twelve
(12) month period, in accordance with an approved park
host program. Sewage disposal shall be provided by means
of a system approved by the environmental health divi-
sion. (Ord. 189 § 3 (8107 -24), 1994)
345 (Moorpark Supp. No I, 12 -02)
Chapter 17.44
ENTITLEMENT — PROCESS AND
PROCEDURES*
Sections:
17.44,010
Purpose.
17.44.020
Legal lot requirement.
17.44.030
Entitlement.
17.44.040
Filing and processing of
application requests.
17.44.050
Notice and hearing procedures.
17.44.060
Decisions.
17.44.070
Reapplication.
17,44.080
Modification, suspension and
revocation.
17.44.090
Appeals.
17.44.100
Effect of change of zoning
regulations.
• Prior ordinance history: Ords. 199, 196, 234, 265 and 271
17.44.010 Purpose.
The purpose of this chapter is to establish procedures
for the processing of land use entitlement, including permits
and variances. (Ord. 271 § 1 (part), 2001)
17.44.020 Legal lot requirement.
No permit shall be issued for construction on a lot, which
is not a legal lot, as defined by this title. (Ord. 271 § 1
(part), 2001)
17.44.030 Entitlement.
A. Discretionary Permits. Entitlement authorized by
this title include the following:
1. Types of Discretionary Permits.
a. Planned Development (PD) Permit. A planned
development permit is a permit based on a discretionary
decision required prior to initiation of specified uses and
structures, which are permitted within the zone district (as
opposed to a conditional use), but which are subject to
site plan review and which may be conditioned in order
to assure compliance with the requirements of this title
and with the purposes of the applicable zone.
Planned development permits may be granted by the
administrative hearing process or by the planning commis-
sion or city council through a public hearing process. This
includes industrial planned development (IPD), residential
planned development (RPD) and commercial planned
development (CPD).
b. Conditional Use Permit (CUP). A conditional use
permit is a permit based on a discretionary decision required
375
17.44.010
prior to initiation of particular uses not allowed as a matter
of right. Such permits are subject to site plan review and
may be conditioned at the time of approval. The application
for such a use shall be approved. conditionally approved,
or denied through a public hearing process before the
decision - making authority specified in Table 17.20.060.
The procedures for notice of the public hearing, conduct
of the hearing and receipt of testimony shall be as specified
in Section 17.44.050. The application may be denied on
the basis that the applicant has not met the applicable
burden of proof required by subsections (A)(2)(a) through
(A)(2)(f) of this section.
Prior to approving, conditionally approving, or denying
an application, the decision - making authority shall make
written findings based upon substantial evidence in view
of the whole record to justify the decision. With the excep-
tion of projects initiated by a city agency or department
and for conditional use permits for alcoholic beverages,
when the city council is the decision - making authority,
the application shall first be reviewed by the planning
commission. When the planning commission is the decision -
making authority, its decision to approve, conditionally
approve, or deny the application may be appealed to the
city council pursuant to Section 17.44.090.
c. Temporary Special Use Permit (TUP). The director
of community development may authorize, by zoning
clearance, a use or structure for a temporary period of time
(not to exceed ninety (90) days). Where a delay incident
to the normal processing of an application would be detri-
mental to the applicant or the public, the director of commu-
nity development may grant additional ninety (90) day
extensions to the temporary special use permit. Temporary
use permits shall be considered discretionary permits and
as such may be conditioned so as to not be physically
detrimental to the health, safety, life or property of the
applicant or the public.
Examples of temporary use permits include but are not
limited to; special events such as Christmas tree sales,
promotional parking lot sales, church carnivals, country
days and sidewalk sales, provisions for uses for a limited
period of time consistent with the zoning district where
located.
These permits may be reviewed by other affected agen-
cies prior to approval. The purpose of the review is to
determine if such a requested use is in any way a problem
as it relates to the adjacent uses. A temporary use permit
may be revoked by the approving authority prior to the
expiration date based upon information that the conditions
have not been complied with, or other justifiable reason
as determined by the approving authority.
d. Administrative Permit (AP). An administrative permit
is a director of community development approved permit
CC ATTACHMENT 5
(Moorpark 7 -01)
17.44.030
based on a discretionary decision required prior to initiation
of a use or structure requiring the permit. Administrative
permits are subject to site plan review and may be condi-
tioned in order to assure compliance with the requirements
of this title and with the purposes of the applicable zone.
At least ten (10) days prior to approval or denial of the
permit, the director of community development shall provide
a notice by U.S. mail to surrounding property owners within
three hundred (300) feet of the property, as identified by
the latest equalized assessment role of Ventura County,
of the director's intention to approve or deny the permit.
All notices shall include the identity of the director of
community development as the approving authority; a
general explanation of the matter to be considered; a general
description, in text or by diagram, of the subject property;
and a final date by which comments must be received by
the director of community development for the hearing
date. Prior to approval, conditional approval, or denial of
the administrative permit, a hearing date shall be set by
the director of community development. The public may
attend the hearing and give testimony. The director's
decision is subject to an appeal period which shall end
ten (10) calendar days after the director's decision is
rendered pursuant to Section 17.44.060, or on the following
workday if the tenth day falls on a weekend or holiday.
e. Administrative Permits within the Downtown
Specific Plan. Discretionary permits within the boundaries
of'the Downtown Specific Plan that may be required by
this code 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 director of community
development. 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 determination letter is
rendered pursuant to Section 17.44.060.
Plans similar in content and information to those typically
required for a commercial planned development permit
(CPD) shall be prepared and submitted as a portion of the
application for all discretionary permits within the Down-
town Specific Plan area as established by this section.
2. Discretionary Permit Standards. Planned develop-
ment, conditional use permits, administrative permits and
temporary use permits may only be granted if all billed
fees and charges for processing the application request that
are due for payment have been paid. All of the standards
of subsections (A)(2)(a) through (A)(2)(f) of this section
must be met. The decision - making authority may impose
such conditions and limitations, including time limits, it
(Moorpark 7 -01)
376
deems necessary to allow the standards to be met. The
applicant shall have the burden of proving to the satisfaction
of the appropriate decision - making authority that the
proposed development:
a. Is consistent with the intent and provisions of the
city's general plan, and any applicable specific plan and
this title;
b. Is compatible with the character of surrounding
development;
c. Would not be obnoxious or harmful, or impair the
utility of neighboring property or uses;
d. Would not be detrimental to the public interest,
health, safety, convenience or welfare;
e. If a conditionally permitted use, is compatible with
existing and planned land uses in the general area where
the development is to be located; and
f. Is compatible with the scale, visual character and
design of the surrounding properties, designed so as to
enhance the physical and visual quality of the community,
and the structure(s) have design features which provide
visual relief and separation between land uses of conflicting
character.
3. Additional Standards for A -E Zone. In addition to
the provisions of subsection (A)(2) of this section, before
any permit is issued for any land use which requires a
conditional use permit in the A -E zone, the following
standards shall be met or be capable of being met with
appropriate conditions and limitations being placed on the
use:
a. That the establishment or maintenance of this use
will not significantly reduce, restrict or adversely affect
agricultural resources or the viability of agricultural opera-
tions in the area;
b. That structures will be sited to minimize conflicts
with agriculture and that other uses will not significantly
reduce, restrict or adversely affect agricultural activities
on -site or in the area, where applicable; and
c. That the use will be sited to remove as little land
from agricultural production (or potential agricultural
production) as possible.
4. Compliance with Other Documents. When necessary
to ensure consistency with other city planning documents
such as, but not limited to, specific plans, conditions which
are more restrictive than the standards of this title may
be imposed on discretionary permits.
5. Additional Standards for Overlay Zone. In addition
to the provisions of subsection (A)(2) of this section,
development within any overlay zone having specific
development standards, pursuant to Chapter 17.36, must
comply with such standards.
6. Additional Standard for Hazardous Waste Facilities.
For any proposed development of a hazardous waste facility,
the following additional standard must be made or be
capable of being made with conditions and limitations being
placed on the use:
That the proposed hazardous waste facility is consistent
with the portions of the county hazardous waste manage-
ment plan which identifies specific sites or siting criteria
for hazardous waste facilities.
7. Additional Standards for Establishments Selling
Alcoholic Beverages. If the proposed development is an
establishment selling alcoholic beverages, the applicant
shall have the burden of proving, in addition to the provi-
sions of subsection (A)(2) of this section, that:
a. The use will not result in an over concentration
in the area of establishments selling alcoholic beverages;
b. The use will serve a public convenience;
c. The use will not create the need for increased police
services;
d. The requested use at the proposed location will not
adversely affect the economic welfare of the community;
and
e. The exterior appearance of the structure will not
be inconsistent with the external appearance of commercial
structures already constructed or under construction on
surrounding properties, or within the immediate neighbor-
hood so as to cause blight, deterioration or substantially
diminish or impair property values within the neighborhood.
B. Other Entitlement.
1. Zoning Clearance. A zoning clearance is a permit
which is granted on the basis of a ministerial decision by
the director of community development or designee without
a hearing. A zoning clearance certifies that a proposed use
of land or structures meets all requirements of this title
and the applicable conditions of any previously approved
permit.
a. Applicability of Zoning Clearance. Except as provid-
ed in Section 17.20.030, a zoning clearance is required
prior to the implementation of uses of land or structures,
construction requiring building permits, and the commence-
ment of any activity authorized by a permit or subdivision
granted in accordance with the zoning and subdivision
ordinances of the city. A zoning clearance shall be issued
if the proposed use of land or structures:
i. Is permissible under the present zoning on the land
and the city's zoning and subdivision ordinances;
ii. Is compatible with the policies and land use designa-
tions specified in the general plan, and any applicable
specific plan;
iii. Complies with the applicable terms and conditions
of any applicable permit or other entitlement;
iv. Is not located on the same lot where a violation
of this title exists or of the terms of an existing permit
17.44.030
covering the lot, unless the zoning clearance is necessary
to the abatement of the existing violation;
v. Is not being requested by or on a site or for the
same party that owes the city fees for charges under Section
17.44.040H;
vi. Is not located on the same lot where a violation
exists of any city ordinance regulating land use, such as
the city building code or any grading ordinance; and
vii. Is consistent with the portions of the county hazard-
ous waste management plan which identifies specific sites
or siting criteria for hazardous waste facilities.
b. Expiration. Zoning clearances shall expire one
hundred eighty (180) days after issuance, unless otherwise
indicated on the clearance or unless the use of land or
structures or building construction has commenced and
is being diligently pursued, as evidenced by current inspec-
tions and/or valid building permits.
C. Variances. Variances are adjustments in the regula-
tions contained in this title. Variances are based on discre-
tionary decisions and may be granted to allow deviations
from ordinance regulations governing such development
factors as setbacks, height, lot coverage, lot area and width,
signs, off -street parking, landscaping and wall, fencing and
screening standards. Variances shall be processed in accor-
dance with the provisions of this chapter. Variances may
not be granted to authorize a use or activity which is not
otherwise expressly authorized by the zone regulations
governing the property. Except as provided in subsection
D of this section, variance requests shall be heard by the
planning commission through a public hearing process.
1. Purpose. The sole purpose of any variance shall
be to enable a property owner to make reasonable use of
his or her property in the manner in which other property
of like character in the same vicinity and zone can be used.
2. Standards for Variances. Before any variance may
be granted, the applicant must establish, and the decision -
making authority must determine, that all of the following
standards are met:
a. That there are special circumstances applicable to
the subject property with regard to size, shape, topography,
location or surroundings, such that the strict application
of the zoning regulations denies the property owner privileg
es enjoyed by other property owners in the vicinity and
under identical zoning districts; and
b. That granting the requested variance will not confer
a special privilege inconsistent with the limitations upon
other properties in the same vicinity and zone; and
c. That strict application of the zoning regulations
as they apply to the subject property will result in practical
difficulties or unnecessary hardships inconsistent with the
general purpose of such regulations; and
377 (Moorpark 7 -01)
17.44.030
d. That the granting of such variance will not be
detrimental to the public health, safety or general welfare,
nor to the use, enjoyment or valuation of neighboring
properties; and
e. That the granting of a variance in conjunction with
a hazardous waste facility will be consistent with the
portions of the county's hazardous waste management plan
(CHWW) which identifies specific sites or siting criteria
for hazardous waste facilities.
3. Burden of Proof. The applicant shall have the burden
of proving to the satisfaction of the appropriate decision -
making authority that the above standards are met.
4. Duration. Any variance remains valid for so long
as the use or structure which requires the variance(s)
continues.
D. Administrative Exception.
1. A requesi for a minor exception from standards
of zoning regulations may be approved by the director of
community development as an administrative exception,
upon making the following findings:
a. That the granting of the exception will not create
impacts to abutting properties; and
b. That the strict application of the zoning regulations
as they apply to the subject property will result in practical
difficulties or unnecessary hardships inconsistent with the
general purpose of such regulations; and
c. That the granting of the exception is consistent with
the general plan and/or any applicable specific plan.
2. The director of community development shall
provide a notice of the request, the date when the action
is to be taken and a request for written comments for or
against the request. The notice shall be mailed to all sur-
rounding property owners, within three hundred (300) feet
of the property, whose names appear on the latest- equalized
assessment roll of Ventura County. A copy of the notice
shall be provided to the city council, planning commission
and the city manager. An administrative exception may
be granted only in the following situations:
a. To allow a decrease not to exceed twenty percent
(20 %) in any required minimum setback, provided that
such exception may be granted only once from the minimum
standard adopted by this code or any planned development
permit approved consistent with this code;
b. To allow a decrease not to exceed ten percent (10 %)
in required parking aisle width or similar dimensional
requirements;
c. To allow walls, fences or hedges to exceed the
height limit regulations by a maximum of one (1) foot in
setback areas, except in a required sight triangle;
d. To allow an increase not to exceed ten percent (10%)
for maximum building coverage, or sign area or sign height;
(Moorpark 7 -01)
378
e. To allow a five - percent (5%) decrease in the requited
lot area for second units. (Ord. 271 § 1 (part), 2001)
17.44.040 Filing and processing of application
requests.
A. Submission of Applications. An application for a
permit or variance may be filed by the owner of the proper-
ty or his/her authorized agent, a lessee who holds a lease
whose terms permit the use applied for, or by any duly
constituted government authority or agent thereof. Such
application requests shall be filed with the department of
community development. No application request shall be
accepted for filing and processing unless it conforms to
the requirements of this title, contains in a full, true and
correct form the required materials and information pre-
scribed by the forms supplied by the department of commu-
nity development and is accompanied by the appropriate
processing fees.
B. Existing Violations. No application request for an
entitlement shall be accepted if a violation of the zoning
ordinance, subdivision ordinance or municipal code exists
on the lot, provided that the violation was a result of the
actions or inactions of the applicant or his predecessor(s)
in interest, until the violation is abated, unless the accep-
tance of the application is necessary to the abatement of
the existing violation.
C. Content of Applications. The content of applications
shall be determined by the city. Site plans and elevations
(in color, with building materials identified), sample floor
plans and samples of exterior finishing materials may be
required as part of the permit procedure. If the project is
proposed to be developed in phases, the sequence of such
phases shall also be shown.
D. Completeness of Application. The applicant shall
be notified in writing as to whether the application is
complete or incomplete, no later than thirty calendar days
after the city has accepted an application under this title,
except in the case of zone changes and general plan amend-
ments, which are legislative acts and thus are not subject
to the thirty (30) day limit. If the application is determined
to be incomplete, the applicant shall be notified in writing
of the reasons for such determination and of the information
needed to make the application complete.
1. Review of Supplemental Information. If an applica-
tion is deemed incomplete and the applicant subsequently
submits the required information, a new thirty (30) day
review period begins on the day that the supplemental
information is submitted.
2. Termination of Incomplete Application. Upon written
notification to the applicant, processing of an incomplete
application may be terminated if no reasonable effort has
been made by the applicant to complete the application
for a period of ninety (90) days from the date of notification
of incompleteness. All unused fees shall be refunded to
the applicant. An extension to this ninety (90) day period
may be granted by the director of community development
upon written request by the applicant showing good cause.
E. Review and Conditioning of Applications. Applica-
tions and proposed uses shall be reviewed to determine
the appropriate environmental document, and, by various
city departments as well as interested parties such as cities
and special districts which are involved in the review and
conditioning of projects.
1. Consultant Review. City staff may refer any applica-
tion request to an independent, qualified consultant for
review and evaluation of issues beyond the expertise or
staffing capabilities of the city. The costs for all such
consultant work combined with the administrative charge
in effect at the time for management of the consultant
contract shall be bome by the applicant and are independent
of the fees paid to the city for the processing of the applica-
tion request.
2. Securities. Except as otherwise specified in this
title, the decision - making authority may impose a penal
and/or performance security on any discretionary entitlement
as a condition of such entitlement. The security(s) shall
be filed in a form acceptable to the city attorney and
certified by the city clerk
a. The required amount of the security(s) may be
increased periodically by the director of community develop-
ment in order to compensate for inflation (based on the
applicable regional Consumer Price Index) or other factors,
so that the same relative value of the security is maintained
over the life of the permit, and to assure that performance
securities continue to reflect the actual anticipated costs
for completing a required task No security shall be released
until after all of the applicable conditions of the permit
have been met.
b. In the event of any failure by the permittee to
perform or comply with any term or condition of a discre-
tionary entitlement, the decision - making authority may,
after notice to the permittee and after a public hearing,
determine by resolution the amount of the penalty, and
declare all or part of the security forfeited The sureties
and principal will be jointly and severally obligated to pay
forthwith the full amount of the forfeiture to the city. The
forfeiture of any security shall not insulate the permittee
from liability in excess of the sum of the security for
damages or injury, nor from expense or liability suffered
by the city from any breach by the permittee of any term
or condition of the permit or of any applicable ordinance
or of the security.
c. The pemtittee shall maintain the minimum specified
amount of a penal security throughout the life of the
17.44.040
entitlement. Within thirty (30) days of any forfeiture of
a penal security, the permittee shall restore the security
to the required level.
3. Abandoned OiVGas Wells. All projects will be
reviewed for location over or near any abandoned or idle -
deserted oil or gas well, based on maps provided by the
State of California Division of Oil and Gas (D.O.G.). In
addition, project applicants shall notify the city and D.O.G.
immediately when such wells are encountered in site
preparation or construction. Applicants shall bear the cost
of re- abandonment if required prior to project approval.
The city will notify D.O.G. of the location of any proposed
project that is found to be over or near any such well(s).
F. Vesting of Rights. No person obtains any right or
privilege to use land or structures for any purpose or in
any manner described in an application merely by virtue
of the city's acceptance of an application.
G. Amendments to this Title. An application to amend
this title shall be proposed in accordance with Chapter
17.60.
H.1. Fees. Each application request for any purpose
subject to the regulations of this title, except appeals, shall
be accompanied by payment of all outstanding fees and
charges billed by and owed to the city by the applicant
or by persons, partnerships, corporations or other entities
owned or controlled by the applicant. Each application
request for any purpose, including appeals and requests
for presubmittal review, shall be accompanied by the fee
specified by resolution of the city council, before it is
accepted for filing and processing.
2. Exemptions. No filing fee shall be charged or
collected for any application or appeal filed and signed
by two planning commissioners or any individual city
councilmember in their official capacity.
3. Penalty Fees. Where a use actually commences,
or construction to that end is commenced, prior to the
granting of the required permit or variance, the fee for said
permit or variance shall be doubled, provided that the city
has notified the property owner of the violation. Payment
of such double fee shall not relieve persons from fully
complying with the requirements of this code, nor from
any other penalties prescribed herein.
4. Failure to Pay. The city may include as a condition
of approval the requirement to pay all outstanding fees
and charges consistent with the adopted city fee resolution.
I. Continuance of Permit During Application Renewal
Process.
1. Unless otherwise provided in the conditions of the
permit, permits being processed for renewal shall remain
in full force and effect until the renewal request is acted
on and all administrative appeals have been exhausted,
379 (Moorpark 7-01)
17.44.040
provided that the renewal application was accepted as
complete by the city prior to the expiration of the permit.
2. All the terms and conditions of the original permit
must be followed at all times. (Ord. 271 § 1 (part), 2001)
17.44.050 Notice and hearing procedures.
A. Notice.
1. Hearing notices prepared pursuant to this chapter
for subdivision matters, planned development permits,
general plan amendments and zone changes, shall include
the date, time and place of the hearing, the identity of the
hearing body or officer, a general explanation of the matter
to be considered, and a general description, in text or by
diagram, of the subject property.
2. Whenever a hearing is required under this chapter
before an application can be acted upon, the city shall set
a date, time and place for the matter to be heard, and shall
give public notice of the hearing by publication in a newspa-
per of general circulation within the jurisdiction of the city
at least ten (10) days prior to the hearing. The property
shall be posted with a sign as required by applicable
provisions of this chapter.
3. In addition, if the hearing involves a discretionary
permit (other than an emergency use authorization) or
modification thereto, a variance or modification or revoca-
tion thereof, an appeal regarding any variance or discretion-
ary permit, or a zoning ordinance amendment which affects
the permitted uses of property, then a written notice, postage
prepaid, shall be mailed to all of the following, pursuant
to Government Code Section 65091, as the same may be
amended from time to time:
a. The owner of the subject property or the owner's
duly authorized agent;
b. The applicant, if different from the owner;
c. Each local agency whose ability to provide essential
services or facilities to the project may be significantly
affected by the project; and
d. The owners of real property situated within a radius
of one - thousand (1,000) feet, with the exception of discre-
tionary 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 require-
ment 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 (1/8) page display advertisement published at least
ten (10) days prior to the hearing in a newspaper of general
circulation within the jurisdiction of the city may be substi-
tuted for the direct mailing.
Moorpark 7 -01)
380
e. All pare of this code relating to public hearing
notices shall be adhered to.
4. Notification shall also be mailed or delivered, at
least ten (10) days prior to the hearing, to any person who
has filed a written request for such notice with the director
of community development.
5. In the case of appeal hearings, notice shall also be
provided to the appellant and, if applicable, to the city
official, city councilmember, department, board or commis-
sion whose order, requirement, permit, decision or determi-
nation is the subject of the appeal.
6. At least eleven (11) days prior to the date of the
hearing, the applicant shall post on the property a notice
of public hearing. The notice shall be posted in accordance
with the provisions contained within this chapter.
B. Hearing Procedures. The decision - making authori-
ty(s) shall hold at least one (1) public hearing on any duly
fled application that requires a discretionary decision. Such
hearings shall be conducted in such a manner as to allow
the applicant and all other interested parties to be heard
and present their positions on the case in question, and
shall have a record of the decision kept, along with the
findings made which supported the decision. Administrative
hearings shall be conducted by the director of community
development or designee as specified in Section
17.44.030(A)(1)(d) and are subject to the notice provisions
of that section.
C. Referrals. A decision - making authority may refer
a matter back to the preceding hearing body for further
report, information or study.
D. Continued Matters. If it is necessary to continue
the hearing or decision on any matter before the decision -
making authority, the person presiding at the hearing shal l
publicly announce the date, time and place certain to which
the matter will be continued. Except for the posting of a
notice of continued public hearing in a public place, no
further notice need be given. (Ord. 271 § 1 (part), 2001)
17.44.060 Decisions.
The applicant shall receive notice of the final decision -
making authority's decision either by the adoption of a
resolution (for applications decided in a public hearing)
or by the issuance of a determination letter (for applications
decided administratively by the director of community
development or designee). A resolution or determination
letter rendering a decision on an application request shall
recite such conditions and limitations deemed necessary
by the decision - making authority.
A. Referral of Applications.
1. The director of community development may refer
any applications or modifications to applications over which
the director of community development has authority to
the planning commission at any time within thirty (30)
days after the close of the administrative hearing if the
project:
a. May result in significant adverse environmental
impacts which cannot be mitigated to insignificant levels;
or
b. Involves significant public controversy; or
c. Is in conflict with city policies, or would necessitate
the establishment of new policies; or
d. May be precedent - setting; or
e. Should be referred for any other cause deemed
justifiable by the director of community development.
2. The planning commission may refer a decision on
an entitlement to the city council in cases where two (2)
entitlements regarding the same property or site are being
processed concurrently, and the city council is the decision -
making authority for one (1) of the entitlements.
3. Additional applications or modifications to an
application that has been referred to and approved by a
decision making body shall also be referred to that decision
making body.
B. Decision Options. The decision - making authority
hearing a discretionary matter may approve, conditionally
approve, deny or modify, wholly or partly, the request being
reviewed. The authority may impose such conditions and
limitations as it deems necessary to assure that the general
purpose and intent of this title and its various chapters will
be observed, and that the public interest, health, safety,
convenience and welfare will be served. In the absence
of any provision to the contrary in a decision granting a
request, said request is granted as set forth in the applica-
tion. All conditions and restrictions applied to a decision
on an application request not appealed shall automatically
continue to govern and limit the subject use or structure
unless the action of the decision - making authority clearly
indicates otherwise.
C. Notice of Decision. Not later than thirty (30) calen-
dar days following the effective date of a decision, the city
shall provide by U.S. mail a'copy of the decision to the
applicant or appellant in resolution or letter form, in care
of the address appearing on the application or such other
address designated in writing by the applicant or appellant.
In addition, the authority and/or agency whose decision
is the subject of an appeal shall also be notified of the
decision.
D. Effective Date of Decisions.
1. An administrative decision or a decision of the
planning commission is effective at the expiration of the
decision's appeal period unless an appeal, in proper form
and addressed to the appropriate decision - making authority,
is filed with the director of community development prior
to the expiration of the appeal period.
17.44.060
2. A decision of the city council is effective on the
date it is rendered.
E. Effect of an Appeal. Neither the applicant nor any
enforcement agency may rely on an authority's decision
until the expiration of the decision's appeal period or until
the appeal has been resolved, whichever occurs later. See
also Section 17.44.090. Actions by the decision - making
authority are stayed pending the consideration of the appeal.
F. Implementation. The director of community develop-
ment shall be responsible for preparing the resolutions or
letters mentioned in this chapter and any other paper or
document required by the planning commission or the city
council in order to discharge their duties and responsibilities
under this chapter and title. It shall be the responsibility
of the permittee to ensure that all conditions placed on
a permit are met. No permits or zoning clearances may
be approved or issued until all conditions required to be
completed prior to their issuance are satisfied.
G. Expiration. Unless otherwise specified in this title
or in the permit conditions, any permit hereafter granted
that requires a zoning clearance becomes null and void
if a zoning clearance is not obtained by the permittee within
the time specified in such permit. If no date is specified,
the permit and zoning clearance shall expire one (1) year
from the date of issuance unless inaugurated. After expira-
tion of a zoning clearance and/or permit, the property
affected thereby shall be subject to the regulations of the
applicable zone classification and all other provisions of
this title. The permittee is solely responsible for the timely
renewal of any permit. The city has no obligation to notify
the permittee of the imminent expiration of the permit.
(Ord. 271 § I (part), 2001)
17.44.070 Reapplication.
An application request may be denied with prejudice
on the grounds that two (2) or more similar application
requests have been denied in the past two (2) years. If such
denial becomes effective, no further application for the
request shall be filed in whole or in part for the ensuing
eighteen (18) months except as otherwise specified at the
time of the denial, or unless there is a substantial change
in the application. (Ord. 271 § 1 (part), 2001)
17.44.080 Modification, suspension and
revocation.
A. Modification of Permits. An application for modifica-
tion of a permit or variance pursuant to this section may
be filed by any person or entity listed in Section
17.44.040A. Any change of an approved discretionary
permit is also a discretionary decision and is considered
to fall into one (1) of the following three (3) categories:
1. Reserved.
381 (Moorpark 7 -01)
17.44.080
2. Minor Modification. Any proposed change that
exceeds the criteria of a site plan adjustment, but is not
extensive enough to be considered a substantial or funda-
mental change in land use relative to the permit, would
not have a substantial adverse impact on surrounding
properties, and would not change any findings contained
in the environmental document prepared for the permit,
shall be deemed a minor modification and may be acted
upon by the director of community development or designee
through an administrative hearing process as provided for
in Section 17.44.030(A)(1)(d).
3. Major Modification. Any proposed modification
which is considered to be a substantial change in land use
relative to the original permit, and/or would alter the
findings contained in the environmental document prepared
for the permit, shall be deemed a major modification and
be acted upon by the decision - making authority which
approved the original permit.
4. Permit Adjustment. Any change which would not
alter any of the findings pursuant to this title, nor any
findings contained in the environmental document prepared
for the permit, and would not have any adverse impact
on surrounding properties, may be deemed a permit adjust-
ment and acted upon by the director of community develop-
ment or designee without a hearing. There shall be no more
than one (1) approved permit adjustment per calendar year.
,Such changes include, but are not limited to, the following:
a. An increase or decrease of not more than ten percent
(10%) in floor or permit area and an expansion of less than
five thousand (5,000) square feet, whichever is less, or
in the area of walls, fences or similar structures used as
screening, or in height, provision for landscaping or similar
standards or dimensions, provided that any increase in
parking space requirements can be accommodated on -site;
b. Internal remodeling or minor architectural changes
or embellishments involving no change in basic architectural
style or any change in use where the new use requires the
same or a lesser permit than the existing use; or the estab-
lishment of a new use in an unoccupied building that has
been granted a permit; provided, in both cases, that any
increase in parking space requirements can be accommodat-
ed on -site.
B. Modification, Suspension and Revocation for Cause.
Any permit or variance heretofore or hereafter granted may
be modified or revoked, or its use suspended, by the same
decision - making authority and procedure which would
approve the permit or variance under this title provided
that in all instances the permittee shall be given notice by
U.S. Mail at least ten (10) days prior to the date of the
proposed revocation, modification, or suspension and have
an opportunity to be heard by the issuing body prior to
any such revocation, modification or suspension. An applica-
(Moorpark 7 -01) 382
tion for such modification, suspension or revocation may
be filed, along with applicable fees, by any person or entity
listed in this chapter, or by any other affected person. The
applicant for such modification, suspension or revocation
shall have the burden of proving one (1) or more of the
following causes:
1. The application request, which was submitted, was
not in full, true and correct form.
2. The entitlement, clearance, permit or license issued
does not comply with the terms and conditions of the permit
originally granting the use under this title.
3. The entitlement clearance, permit or license was
issued erroneously.
4. That any term or condition of the permit or variance
has not been complied with;
5. That the property subject to the permit or variance,
or any portion thereof, is or has been used or maintained
in violation of any statute, ordinance, law or regulation;
6. That the use for which the variance or permit was
granted has not been exercised for at least twelve (12)
consecutive months, has ceased to exist, or has been aban-
doned;
7. That the use for which the permit or variance was
granted has been so exercised as to be detrimental to the
public health, safety or general welfare or as to constitute
a nuisance;
8. That changes in technology, or in the type or amount
of development in the vicinity of the use, or other good
cause warrants modification of conditions of operation or
imposition of additional conditions of operation to assure
that the use remains compatible with existing and potential
uses of other property within the general area in which
the use is located.
C. Nonwaiver. The failure of the director of community
development, planning commission or city council to revoke
a variance or permit, or to suspend its use, whenever cause
therefor exists or occurs, does not constitute a waiver of
such right with respect to any subsequent cause for revoca-
tion or suspension of the use.
D. Prohibition. No person shall carry on any of the
operations authorized to be performed under the terms of
any permit during any period of suspension thereof, or after
the revocation thereof, or pending a judgment of court upon
any application for writ taken to review the decision or
order of the final appeal body in the city in suspending
or revoking such permit; provided, however, that nothing
herein contained shall be construed to prevent the perfor-
mance of such operations as may be necessary in connection
with a diligent and bona fide effort to cure and remedy
the default, noncompliance or violation, for which a suspen-
sion of the permit was ordered by the applicable city entity,
or such operations as may be required by other laws and
.i v U t
regulations for the safety of persons and the protection
and preservation of property. (Ord. 271 § 1 (part), 2001)
17.44.090 Appeals.
A. Authority to Appeal.
1. All actions and decisions of the director of communi-
ty development, authorized by this chapter, may be appealed
to the planning commission or may be appealed by any
two planning commissioners unless otherwise specified.
All such appeals shall be filed in writing with the planning
commission secretary.
2. All actions of the planning commission authorized
by this chapter may be appealed to the city council. All
such appeals shall be filed in writing with the city clerk.
3. Any person may appeal a decision of the director
of community development or planning commission in
accordance with the terms of this chapter.
4. The city council shall be the final approval authority
for all actions.
B. Time Limit to File an Appeal or Request for City
Council Review. All requests for appeals must be received
by the city no later than the close of business ten (10)
business days after the date of the final action by the
director of community development or planning commission.
C. Fees. Persons filing appeals shall pay all applicable
fees in effect at the time of the appeal as established by
Resolution of the city council.
D. City Council Review of Planning Commission
Actions and Decisions by the Director of Community
Development. The city council is specifically empowered
to review all actions of the planning commission and the
director of community development. The city council review
of the planning commission and the director of community
development actions are subject to the following require-
ments:
1. A request for the city council to review the action(s)
taken by the planning commission or the director of commu-
nity development pursuant to this section shall be valid
if filed with the city clerk by any individual city
councilmember within ten (10) business days of the date
of the action(s) of the commission or the director of com-
munity development.
2. The city council shall review the project in the same
form as reviewed by the planning commission and the
review shall be conducted de novo.
3. A request for the city council to review the action(s)
of the planning commission shall be subject to the same
type of public action (i.e., action item without public hearing
or public hearing item) and public noticing at the city
council as at the planning commission or as required for
decisions made by the director of community development.
17.44.080
4. An item or item(s), which are called for review,
shall be scheduled for the next available city council
meeting following completion of the required legal notice
provisions as determined by the city clerk.
5. No fee shall be required when an item is called
for review by members of the city council or the planning
commission in conformance with the requirements of this
chapter. (Ord. 271 § 1 (part), 2001)
17.44.100 Effect of change of zoning
regulations.
See Section 17.52.110. (Ord. 271 § 1 (part), 2001)
383 (Moorpark 7-01)
Chapter 17.60
AMENDMENTS TO THE GENERAL PLAN,
SPECIFIC PLANS, ZONING MAP AND ZONING
CODE'S
Sections:
17.60.010
Purpose.
17.60.020
Amendments.
17.60.030
Amendment initiation.
17.60.040
Applications required.
17.60.050
Hearing and notice requirements.
17.60.060
Decison authority.
17.60.070
Planning commission action on
amendments.
17.60.080 City council action on
amendments.
17.60.090 Reapplication.
17.60.100 Findings.
• Prior ordinance history: Ord. 189.
17.60.010 Purpose.
The purpose of this chapter is to establish procedures
for amending the general plan, specific plans, the zoning
map or zoning ordinance whenever required by public
necessity and general welfare.
Adoption and amendment of a general plan, specific
plan, zoning map or zoning ordinance is a legislative act.
(Ord. 271 § 2 (part), 2001)
17.60.020 Amendments.
Amendments to the general plan, specific plan, and
zoning map /code may be either textual or map. Textual
and mapping changes may be of three types:
A. Major Amendments. Major amendments are those
which affect changes to goals, policies, or strategies or
would alter basic policy directions of the existing general
plan or an adopted specific plan. Any amendment that would
create significant and substantial impact to levels of public
service must be considered as major.
B. Minor Amendments. Minor amendments are those
which do not create any need for the extension of public
services. Some adjustment to service levels may be needed
to meet other policy directives, but no new service levels
are created.
C. Technical Amendments. Technical amendments
are changes to data base information, statistical materials,
corrections to textual errors and changes which clarify
meanings of policy or strategies but do not alter the intent
and purpose of the material.
391
17.60.010
With the exception of those amendments necessary to
meet housing goals, no mandatory element of the general
plan may be amended more than four times in any one
calendar year. (Ord. 271 § 2 (part), 2001)
17.60.030 Amendment initiation.
A. Initiation. Proposals to amend the general plan, any
specific plan, the zoning map or this zoning ordinance may
be initiated by any of the following methods:
1. Request by the owner(s) or the authorized agent
of the owner(s) of the property by filing an application
as provided by the community development department,
planning division.
2. A change in the general plan, a specific plan, zoning
map or zoning ordinance may be recommended by a
resolution of intent from the planning commission to the
city council; or may be initiated directly by the city council
by resolution of intent.
3. A change in the general plan, a specific plan, zoning
map or zoning ordinance may be initiated by request to
the city council by the director of community development.
(Ord. 271 § 2 (part), 2001)
17.60.040 Applications required.
A. All applications to amend the general plan, an
adopted specific plan, the zoning map or zoning code must
be filed with the city on forms and in substantial compliance
with administrative procedures provided by the community
development department. A fee, as prescribed by city
council resolution, shall accompany the application.
Formal applications for general plan amendments may
only be accepted and considered following successful pre-
screening application reviews as established by resolution
of the city council.
Zoning map amendments have the effect of rezoning
property from one zoning district to another. Textual
amendments to this zoning ordinance may modify any of
the regulations enumerated in Section 65M of the Govern-
ment Code of the State of California. Amendments to the
provisions of this title may be adopted similar to other
ordinances adopted by the city.
B. Study of Additional Area The director of community
development, upon review of an application or resolution
of intention for an amendment to the general plan, any
specific plan or zoning map may elect to include a larger
area or additional land in the study of the amendment
request. (Ord. 271 § 2 (part), 2001)
17.60.050 Hearing and notice requirements.
The planning commission and city council shall each
hold at least one (1) public hearing on any general plan,
specific plan or zoning amendment request. The notice
CC ATTACHMENT 6
(Stoorpark 7 -01)
17.60.010
and hearing requirements shall be the same as those pre-
scribed in Section 17.44.050. (Ord. 271 § 2 (part), 2001)
17.60.060 Decision authority.
The city council shall be the decision authority for all
major and minor general plan amendments and specific
plan amendments. (Ord. 271 § 2 (part), 2001)
17.60.070 Planning commission action on
amendments.
Following a public hearing, the planning commission
shall make a written recommendation to the city council
whether to approve, approve in modified form, or disap-
prove any proposed amendment, based upon the findings
contained in Section 17.60.100. Such recommendation shall
include the reasons for the recommendation and the relation-
ship of the proposed ordinance or amendment to applicable
general and specific plans. (Ord. 271 § 2 (part), 2001)
17.60.080 City council action on amendments.
Following a public hearing, the city council may approve,
modify or disapprove any planning commission recommen-
dation regarding an amendment request based upon the
findings in Section 17.60.100.
A modification shall be deemed "previously considered"
if the modification of the proposed ordinance or amendment
by the city council is based upon the issues and evidence
initially heard by the planning commission. (Ord. 271 §
2 (part), 2001)
17.60.090 Reapplication.
A general plan amendment, specific plan amendment
or zoning map change may be denied with prejudice as
defined herein, in which event no further application shall
be filed affecting all or part of the property for the ensuing
eighteen (18) months except as otherwise specified at the
time of denial. A zoning ordinance amendment may be
denied with prejudice as defined herein, on the grounds
that two (2) or more similar applications for substantially
the same changes have been denied in the past two (2)
years, or that other good cause exists for limiting the filing
of applications with respect to the subject property. The
city council, upon being presented with good cause, may
permit an applicant to apply for a change on the same
property within eighteen (18) months. (Ord. 271 § 2 (part),
2001)
17.60.100 Findings.
A. Findings for Amendments. An amendment may
be approved only if all the following findings are made,
as applicable to the type of development.
1. Findings required for all amendments.
(Stoorpark 7 -01)
392
a. The proposed amendment is consistent with the
goals, policies, and implementation strategies of the general
plan.
b. The proposed amendment would not be detrimental
to the public, health, safety, or welfare of the city; and
c. The proposed amendment will not adversely affect
surrounding properties.
2. Additional Finding for Zoning Map Amendments.
The site is physically suitable (including, but not limited
to access, provision of utilities, compatibility with adjoining
land uses, and absence of physical constraints) for the
requested zoning designations and anticipated land
use/developments. (Ord. 271 § 2 (part), 2001)
appropriate to the unit" shall mean one (1) person to a
studio unit, two (2) persons to a one (1) bedroom unit,
three (3) persons to a two (2) bedroom unit, four (4) persons
to a three (3) bedroom unit, and five (5) persons to a four
(4) bedroom unit.
C. Senior Ownership and Rental Units. Households
shall be eligible to purchase or rent a senior unit if they
meet the following criteria:
a. Where at least fifty percent (50 %) of the total units
of a housing development are set aside for senior residents,
a person or family shall be eligible if at least one (1) person
is a senior resident.
b. Consideration will be given to households residing
and/or working in Moorpark. (Ord. 189 § 3 (81160, 1994)
395
17.64.050
Chapter 17.68
PUBLIC NOTICE
Sections:
17.68.010
Applicability of chapter.
17.68.020
Installation of sign.
17.68.030
Sign information.
17.68.040
Land area of one -half acre or
less.
17.68.050
Removal of sign.
17.68.060
Failure to comply with chapter.
17.68.010 Applicability of chapter.
The provisions of this chapter apply to all zone changes,
special use permits, variances, planned development permits,
tentative tract permits, major modifications, specific plans,
land divisions, time extensions, all other discretionary land
use applications, and appeals of any of the above- described
applications. (Ord. 15 § 1(a), 1984)
17.68.020 installation of sign.
At least eleven (11) days before the hearing on any of
the applications described in Section 17.68.010, the applicant
shall install a sign on the subject property consistent with
the following provisions:
A. The size of the sign shall be thirty -two (32) square
feet in area.
B. The height of the sign shall not exceed eight (8)
feet.
C. The sign shall be placed in an area of the property
most visible to the public, and not more than five (5) feet
from the property line in residential areas, and not more
than one (1) foot from the property line in commercial
and industrial areas. All approvals of any application of
any industrial or commercial property subject to this chapter
shall include a condition for placing on the property signs
of other property located interior to the subject property
from the street.
D. The sign shall not be illuminated, and only one (1)
sign shall be displayed per street frontage of the subject
property. (Ord. 15 § 1(b), 1984)
17.68.030 Sign information.
The sign shall include only the following information:
A. The heading of the sign shall be essentially as
follows: "Notice of public hearing on proposed development
Case No. "
B. The content of the sign shall describe the type of
property (residential, industrial or commercial), including
the square footage, number of units, etc. Descriptive words
such as "luxurious" or "elegant" shall not be used.
CC ATTACHMENT 7
(Mowpork 12.95)
17.68.030
C. The sign shall include the date, time and location
of the public hearing, and the telephone numbers of the
developer and of city hall.
D. Dates shall be changed on the sign to refer to the
next planned public hearing. (Ord. 15 § 1(c), 1984)
17.68.040 Land area of one -half acre or less.
Where the total area of the land is one -half (1/2) acre
or less, the director of community development shall
determine if a sign is necessary to provide adequate notice
to the public of the nature of the project. If the director
of community development determines a sign is necessary,
the director of community development shall prescribe a
sign sufficient to give adequate notice to the public. The
applicant shall, at least eleven (11) days before any hearing,
post on the property, in the manner described in subsections
C and D of Section 17.68.020, the sign prescribed by the
director of community development. (Ord. 15 § 1(d), 1984)
17.68.050 Removal of sign.
The sign shall be removed from the property not more
than twelve (12) days after the final action by the city on
the land use application. (Ord. 15 § 1(e), 1984)
17.68.060 Failure to comply with chapter.
Failure to comply with the provisions of this chapter
shall not affect the jurisdiction of any public body deciding
any application. (Ord. 15 § 1(f), 1984)
(Moorpark 12 -98)
396
Chapter 17.72
DOWNTOWN SPECIFIC PLAN OVERLAY
ZONE (SP -D)
Sections:
17.72.010
Purpose.
17.72.020
Terms and definitions.
17.72.030
General provisions.
17.72.040
Review procedures.
17.72.050
Design and landscape guidelines.
17.72.060
Single - family residential (R -1).
17.72.070
Two - family residential (R -2).
17.72.080
Residential planned
development— (R -PD).
17.72.090
Office- -(C -O).
17.72.100
Old town commercial (C -OT).
17.72.110
Neighborhood commercial (C -1).
17.72.120
Commercial planned
development (C -PD).
17.72.130
Institutional (I).
17.72.140
Industrial Park/Light Industrial
(M -1).
17.72.150
Lot consolidation incentive
program.
17.72.010 Purpose.
The development standards and design guidelines for
downtown Moorpark are intended to reinforce building
character and establish design criteria for all new buildings,
renovated buildings, and remodels. (Ord. 247 § 1 (part),
1998)
17.72.020 Terms and definitions.
Words and terms used within the downtown specific
plan and overlay zone shall have the same meaning and
definition as given within the Moorpark municipal code,
including Chapter 17, zoning ordinance and the city general
plan. (Ord. 247 § 1 (part), 1998)
17.72.030 General provisions.
The provisions of the downtown specific plan overlay
zone apply to properties in the downtown specific plan
area and supplement the other regulations of the zoning
ordinance. The specific plan development standards and
design guidelines are consistent with, and further, the city
zoning ordinance. In such cases where the specific plan
development standards and zoning code standards conflict,
the specific plan development standards shall apply. (Ord.
247 § 1 (part), 1998)