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HomeMy WebLinkAboutAGENDA REPORT 2003 0903 CC REG ITEM 08AITEM S. A. MONNEft Qr q -3 -,?003 AC T '� MOORPARK CITY COUNCIL AGENDA REPORT- • - .- _...- 0 TO: Honorable City Council ,sew cfd �� Y FROM: Barry K. Hogan, Community Development Director Prepared By: David A. Bobardt, Planning Manager % DATE: August 25, 2003 (CC Meeting of 09/03/2003) 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 On August 20, 2003, the City Council considered this item and continued it with the public hearing open to September 3, 2003, to allow additional time for public review. Materials that were transmitted for the August 20, 2003, City Council meeting are attached, along with the previous staff report. Since the August 20, 2003 City Council meeting, staff discovered that the recommended use matrix (Chapter 17.20) had inadvertently omitted "Care facilities" from commercial and industrial zones. Table 17.20.060, Section E. (Public and Semi - Public Uses) in the attached materials has been amended to add that use. STAFF RECOMMENDATIONS 1. Continue to 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 17, 2003. S: \Community Development \DEV PMTS \Z O A \2002 \05 Entitlement \Staff Reports \CC 030903.doc Honorable City Council September 3, 2003 Page 2 Attachments: 1. Draft Ordinance 2. PC Resolution (See Draft Ordinance for Exhibit(s)) 3. Existing Chapter 17.20 4. Existing Chapter 17.28 S. Existing Chapter 17.44 6. Existing Chapter 17.60 7. Existing Chapter 17.68 8. Staff Report from August 20, 2003, City Council Meeting (without attachments) 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 meetings of August 20, and September 3, 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 S: \Community Development \DEV PMTS \Z O A \2002 \05 Entitlement \Ordinances and Resolutions \CC 030820 Chapter 17.44 Ordinance.doc Ordinance No. Page 3 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 S: \Community Development \DEV PMTS \Z O A \2002 \05 Ent itlement \Ordinances and Resolutions \CC 030820 Chapter 17.44 Ordinance.doc Ordinance No. 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 Taxes, Licenses and Regulations. PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 EXHIBIT "A" .. 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 - >I 00,000 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 ZC - 1,001 — 20,000 s . ft. ZC ZC AP AP CUP - 20,001 — 100,000 s . ft. AP CUP - >100,000 s . 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 TPD 1. Boardinghouses and bed and CUP CUP CUP CUP CUP CUP CUP breakfast inns 2. Care facilities PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 (as amended for September 3, 2003 City Council Meeting) Ordinance No. Page 6 Zones O -S A -E R -A R -E 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 (for 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 com liance with Chapter 17.64 PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 (as amended for September 3, 2003 City Council Meeting) 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 UASI- 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 (as amended for September 3, 2003 City Council Meeting) G if, " , J L, -.} 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 LI-E R -O R -1 R -2 RPD TPD 1. Animal keeping in accordance with the requirements of Section 17.28.03 0 a. Apiculture 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 (as amended for September 3, 2003 City Council Meeting) 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 (as amended for September 3, 2003 City Council Meeting) 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 CUP 2. Automobile/light truck/motorcycle AP AP AP the requirements of section AP AP a. rental (if within 100 feet of a residentially zoned property a conditional use permit is required) a. brakes, oil changes tires and shock sales and AP AP 17.28.160 AP 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 CPD C -2 C -OT I M -1 M -2 I A. RETAIL AND SERVICE USES 1. Adult businesses CUP CUP 2. Automobile/light truck/motorcycle AP AP AP AP AP AP a. rental (if within 100 feet of a residentially zoned property a conditional use permit is required) a. brakes, oil changes tires and shock sales and AP AP AP AP PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 (as amended for September 3, 2003 City Council Meeting) Ordinance No. Page 11 Zones CPD C -O C -1 C -2 GOT 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 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 (as amended for September 3, 2003 City Council Meeting) Ordinance No. Page 12 Zones CPD C -O C -1 C -2 GOT 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 Ma 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 pen-nit 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) 26. Retail sales (temporary) in the M -1 and M -2 TUP TUP zones. Issuance of a temporary use permit shall take the place of a zoning clearance_ PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 (as amended for September 3, 2003 City Council Meeting) Ordinance No. Page 13 Zones CPD CI-0 C -1 C -2 GOT 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 permit 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 1 CUP CUP CUP CUP CUP sale of all alcoholic beverages is prohibited) with or without outdoor seating C. OFFICE AND PROFESSIONAL USES Zones C -2 M -1 M -2 C -O C -1 CPD GOT 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 pen-nit 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 (as amended for September 3, 2003 City Council Meeting) Ordinance No. Page 14 Zones CPD C -O C -1 C -2 C -OT 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 (as amended for September 3, 2003 City Council Meeting) 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. Care facilities, including adult day care facilities, CUP CUP CUP Alzheimer's day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long -term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life - threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, therapeutic day services facilities, transitional housing placement facilities, and transitional shelter care facilities as defined in Division 2 of the Health and Safety Code. 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. 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 7. Hospitals including urgent care (if within 100 AP AP AP AP feet of a residentially zoned property a conditional use permit is required) 8. Places of religious worship CUP CUP 9. Public education and training facilities including, ZC but not limited to colleges and universities, elementary, middle and high schools, professional and vocational schools 10. Recreational facilities (private) with /without AP AP AP AP AP CUP food 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) PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20 (as amended for September 3, 2003 City Council Meeting) Ordinance No. Page 16 Zones CPD C -O C -1 C -2 C -OT M -1 M -2 I 11. 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 F. ACCESSORY AND MISCELLANEOUS USES Zones C -2 M -1 M -2 C -O C -1 CPD C -OT IPD IPD I 1. Dwelling, caretaker for self storage or mini- AP 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 TUP 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 (as amended for September 3, 2003 City Council Meeting) �v 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 �ti Ordinance No. 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 Ordinance No. 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 v .✓ ,r od ..11► Ordinance No. Page 20 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 Ordinance No. Page 21 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 Permifted',2 Distance Separation Area Requirements3 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.^ 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 C C 1 r 4,d Ordinance No. Page 22 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 Ordinance No. 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 Ordinance No. Page 24 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 w t, F• ry r` �^+ � Ordinance No. Page 25 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. I. 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 - -- v' — wd Ordinance No. Page 26 Chapter 17.44 APPLICATION REVIEW PROCEDURES Sections: 17.44.010 Purpose. 17.44.020 Legal lot requirement. 17.44.030 Zoning clearances. 17.44.040 Discretionary permits and exceptions. 17.44.050 Amendments to the general plan, specific plans, zoning map, and zoning code. 17.44.060 Filing and processing of applications. 17.44.070 Public hearing procedures. 17.44.080 Decisions. 17.44.090 Appeals. 17.44.100 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 Ordinance No. Page 27 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 "API. 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 Ordinance No. Page 28 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 C. 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 „ /, „ s C `'- Ordinance No. Page 29 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 element 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 Ordinance No. 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 - Screening. 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 G ,., Ordinance No. 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 < "...' Ordinance No. 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. Sign. 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 Study. 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 4, Ordinance No. 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. Authority 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 ..i ..J Ordinance No. 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 te,,.. - -- V Ordinance No. 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 il, '✓ ./ . ;mod 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. v a 4.'10 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 I)iCecco and Chair Landis NOES: ABSTAIN: ABSENT: Commissioner Peskay PASSED AND ADOPTED THIS 1st DAY OF July, 2003. L00010. • Kipp andi , Ch ATTEST: tta r r / Hoga C mmuTni y De elo ment Director Exhibit "A ": Amended Chapter 17.20 Exhibit "B ": Amended Chapter 17.28 Exhibit "C ": Amended Chapter 17.44 17.20.010 Chapter 17.20 USES BY ZONE Sections: 17.20.010 Purpose. 1710.020 Use of matrices. 1710.030 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. 1710.010 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 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 prigr 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 17.20.060 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)(lxa) and (E)(l)(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 witir Section 17.04.040, the only uses permitted are those listed as such in this title. The 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) 1720.020 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(Bxl)(a) and all other provisions of this title: A. Public works projects constructed by the city or its contractors; B. Ordinary maintenance and minor repairs to buildings, not involving structural alterations; C. Permitted cop production, including pecking, storage x -. 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; M. 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 (Moorpark 1 -c ,.� .� .-i 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 fumia= and the like, which are exempt from setback requirements pursuant to Section 17.24.040; P. Temporary filming that meets any of the following criteria: 1. Is for current news programs, 2. Is within an existing building, 3. Is during daylight hours for one (1) day in any seven (7) day period, provided that such filming does not involve open flames, explosives, or the construction of sets or other structures; Q. Grading, except for that which is proposed within an overlay zone and requires a discretionary permit pursuant to Chapter 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 predetemuned 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) 1720.050 Permitted uses in open space, agricultural and special purpose zones. Permitted uses in open space, agricultural and special purpose zones are set out in Table 17.20.050. Note: An approved residential planned development permit is required for five (5) or more lots in the RA, RO, R -1 and RE zones. The key for Table 17.20.050 is as follows: [Blank) Not permitted ♦ Permitted by zone clearance ■ Administrative permit • Planning commission- approved planned development permit City council- approved planned development permit O Planning commission - approved conditional use permit ® City council- approved conditional use permit Table 1720.050 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 Apiculture= Fish farms More animals than are permitted by Section 17.28.030C Contractors' 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 RI R2 RPD TP I ♦ ♦ O Al J I ♦ ♦ O ♦ ♦ O O O O O O O O O O O O O O O O O O O ♦ ♦ O Al J I 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, retail2 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 facilides2 (see also H &SC and W &IC) Day: Care of 12 or fewer persons (State law requirement related to day care facilities for 7 -12) Care of 13 or 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 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 SEE ANIMAL HUSBANDRY 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 0 0 O O O O O O O O O O O O O O O O O O (Moorpark 1 -01) 17.20.050 Communications facilities Drilling, temporary geologic (testing only) Dwelling, single- family2•' (R -P -D zone) Mobilehome, continuing nonconforming Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, two-family, or two single - family dwellings` Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, multifamily Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, accessory structures For human habitation: Mobilehome/RV as temporary dwelling during constructio02 Second dwelling2 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-2 Dwellings, accessory uses Animals' Apiculture2 Aviaries Fans animals2 (other than horses/ponies) ` Horses/ponies2 Pet animals2 More animals than are permitted by Section 17.28.030C Wild animals Commercial uses, minor, for project residents Home occupation Storage, open" 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 (nnoarpiur 1 -01) 312 OS AE RA RE RO R1 R2 RPD TP I 0 0 0 0 0 0 0 O O O O O O O ■ ■ ■ ■ O ■ ■ O O O O O O O O O O O O O O O D D D O O O O D D ♦ ♦ ♦ ♦ ♦ O • ♦ ♦ ♦ ♦ O D L ■ ■ ■ ■ O O O U • R O O O O O O O O O O Al O O O O O O �a ■ ■ ■ ■ ■ ■ ■ O O O O O O O O O O O O O O O O O O ♦ ♦ ♦ ♦ ♦ O ♦ ♦ ♦ ♦ ♦ O O O O O O O O O O O O O O O O O O O ® O O O O O O O O O 0 0 0 0 0 0 0 O O O O O SEE CHAP'T'ER 17.36 L ■ ■ ■ ■ O O O U • R O O O O O O O O O O Al O O O O O O �a 17.20.050 313 (neorark 6-02) OS AE RA RE RO R1 R2 RPD TP I Mineral resource development O O O Mining and accessory uses` O O O Less than 9 months in duration O O O O Public works maintenance Oil and gas ex ?loration and production O O O O Mobilehome parks O O O O O O Model homes/lot sales; 2 years More than 2 years O O O O O O Motion picture and TV production, and related activities and structures O O O O O O O O O Temporary (maximum 42 days in any 180-day period)`'' ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Pipelines and transmission lines, aboveground' O O O O O O O O O O Public utility facilities, excluding offices and service yards' O O O O O O O O O O Recreational sport and athletic facilities Camps' O O O Campgrounds' O O O O Community centers O O O O O For farm workers and nonprofit farm community organizations O O O Fields, athletic O O O O O O Geothermal spas Golf courses, except miniature gole O O O O O O O O Parks ♦ O ♦ ♦ ♦ ♦ ♦ • O With buildings O O O O O O O O O Periodic outdoor sporting events ® O Recreational vehicle parks O O O Recreation projects, city- initiated ♦ ♦ ♦ Caretaker recreational vehicle, accessory • Retreats': Without sleeping facilities O O O With sleeping facilities O O O O Riding stables O O O O With accessory lodging facilities O O Shooting ranges and gun clubs Signs (see also Section 17.20.040 and Chapter 17.40) Storage of building materials, temporary 2 Trees and native vegetation: Removal, relocation or damage' Within an overlay zone SEE CHAPTER 17.36 Uses and structures, accessory (other than to agric. animals or dwellings) ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ O O To a use requiring a PD permit or CUP Dwelling, caretaker SEE SECTION 17.44.080A Waste treatment and disposal O O O O O Water production, storage and distribution facilities: Private purveyors''' O O O O O O O O O O Wireless communications facilities' 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 (neorark 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 o 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 beverage Establishments selling beer and/or wine with an eating place Establishments selling alcoholic beverages other than beer and wine with an eating place Amusement and recreational facilities (see definitions in Ch. 17.08) Amusement parks and carnivals Arcades Batting cages and golf driving ranges, indoor Bicycle racing tracks, outdoor Health club /gymnasium (see definitions) Martial arts and dance studios Motion picture theaters, outdoor (drive -in) Racetracks (for motorized vehicles), shooting ranges and stadiums Art galleries, museums and artisan workshops Automobile repair, including component repair Automobile service stations Banks and related financial offices and institutions Barber, hairstylists, manicurists Tanning centers Bars, taverns and nightclubs' Botanical gardens Care facilities: For 7 or more persons (see also H &SC and W &IC) Day,' 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 6-02) 314 .. v r C2 CO CI 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 ♦'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 .. v r Club projects, temporary outdoor Communications facilities Radio and television broadcasting stations Conference center /convention center Contractor service and storage yards and buildings Crop production" Firewood operations Uses and structures, accessory Dwelling, farm worker (maximum one per lot) Fuel storage` Offices Packing, preliminary processing, or storage of crops: Without structures` Produce stands, retail' Dog and cat grooming Dressmaking and tailor shops Drilling, temporary geologic (testing only) Dwelling for superintendent or owner Dwelling, caretaker Education and training Colleges and universities Schools: Elementary and secondary (nonboarding only)23 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 (laundromats) 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 C2 CO C1 CPD M1 M2 I C -OT O O O O O O O O O O O O • • O O O O O • • (Moorpark 1 -01) O O O O O O • O • O O B 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 • • • • B • • • • B O • • (Moorpark 1 -01) 17.20.060 (Moorpark 1 -01) 316 C2 CO Cl CPD M1 M2 I C -OT 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 O Household appliances O • Transmission and distribution equipment, and industrial apparatus O • Food and related products O • Alcoholic beverages Bakery products • • Meat, seafood and poultry packing plants O 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 —lighe Laundry service•— heavy6 Leather and leather products • • Tanning, curing and finishing of bides 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 O Metal products, fabricated • Ammunition Machine shops • • Plating, polishing, anodizing, engraving and related operations O • 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 • • O Printing, publishing and related industries • • Print shops (up to 1,500 sq. ft. of gross floor area) • Rubber and plastics products O Tire retreading and recapping • Signs and advertising displays • • Stone, clay and glass products O Asbestos products Cement, concrete and plaster, and products fabricated therefrom O (Moorpark 1 -01) 316 17.20.060 317 (Momrpuk 1-01) C2 CO C1 CPD M1 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 io ♦ 317 (Momrpuk 1-01) 1720.060 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) (Moogwk 1 -01) 318 C2 CO C1 CPD M1 M2 I C -OT O O O • • O O SEE PRINCIPAL USE • • • O O • O O O O O O O • • O • • • O O O O O • O O • O L SEE CHAPTER 17.36 SEE PRINCIPAL USE O O O O O O • • • — •J a0. O O • • • — •J a0. 17.20.060 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 C1 CPD M1 M2 1 C -OT Recycling facilities and centers O • O Water production, storage and distribution facilities: Private purveyors 4,8 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 futures 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. 1728.010 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 =r 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 (I%) 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 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. 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. i. 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. <,XN a _4 (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 required off -strut 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 mobilchome 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. 'lire 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, wher 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. Time department of community devel- opment may issue a denial if the proposed location infringes 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. s ,� c. No advertising or text shall be permitted on thc� n$ 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 CFN . J 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. 196 § 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 (B)(Ixb) 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 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: 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 yio 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 C ,r, 3 -.� " Minimum Lot Distance Separation Zone Area Required Animal Units Permitted" 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: I 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 to any way, inside or outside of any structure, within 40 feet of those portions of any structure used for human occupancy, as- sembly or habitation, other than the residence of the owner or 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 per 10,000 sq. ft. of total lot area. R-E 10,000 sq. ft. 2 units plus 1 unit per 20,000 sq. ft. of total lot area.' 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 yio 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 C ,r, 3 -.� " 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 heating, 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 proportionately 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) 1718.050 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 1920 (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 t 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. One 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 pemuittee 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 ($10,000-00) for each well that is drilled or to be drilled. Any operator may, in lieu of filing such a security for each well drilled, redrWed, produced or maintained, file a security in the penal amount of not less than ten thousand dollars ($ 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 detcriora- 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 light 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 perutittee 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) , ,r, ,., �. -� .; .,. 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 wilting 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 (1)(13) 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 nonernergency 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 (FX14)(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. 5. 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 I. 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. s 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 natural 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 (Fx13) of this section allowing the setback to be reduced. In no use 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 smwtures on the site shall be colored so as to mask facilities visible from surrounding 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 permittee 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 penmittee'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 hearing. 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 pennittee 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 permittee 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 Permitted 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 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 (51,000,000.00) 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, 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) 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) 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 coach may be used as a temporary dwelling unit or office on a construction site in accordance with Section 1720.060, 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- frve (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) Me 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 residences) of the property owner, campground director /manager or caretaker: 1. Structures are limited to restrooms/showers and a clubhouse for cooling 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 rural agricultural (R -A)-- lot size in acres x 2.56 = the maximum number of persons to be accommodated overnight; 2. Camps on property zoned Waal 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 maybe 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 residences) 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 glaze at the first 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. I. To ensure that the site remains an integral and .., cohesive unit, specific methods such as the following shout t 4"l' 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 1732.01 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) 1718.200 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 -of -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 beset 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. 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 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. I. 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 perminee 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 1. 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. 189. 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 ('NP). 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 PmrT t 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 tide 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)(0 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, wC 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 (CHWMP) 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 request 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 required 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 exteror 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 bane 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 permittee 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 Oil/Gas 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 (No"Wk 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 (118) 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 parts 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 dewrmi- 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 filed 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)( I)(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 shall 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 ��Xr9 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) G.tw n3 1'�0 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 amouuut 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 40 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 eouncd 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.o8o 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 1752.110. (Ord. 271 § 1 (part), 2001) 383 (Moorpark 7 -01) Chapter 17.60 AMENDMENTS TO THE GENERAL PLAN, SPECIFIC PLANS, ZONING MAP AND ZONING CODE; 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 F"mdings. • Prior ordinance history: Ord. 169. 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 arc 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 arc 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 gencW plan, any specific plan, the zoning map or this zoning ordinance may be initiated by any of the following methods: I. 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, zotting 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. zotting 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 reap or zoning code must be filed with the city on forms and in substantial compliance with administrative procedures provided by the community v 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 65850 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 Anse. 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 (Moorpark 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 v 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. I. Findings required for all amendments. (Moorpark 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) 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. 395 tMnotp.ak 11 9s) CC ATTACHMENT 7 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 (%) 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) (Moapr4 12 -99) 39f MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development zj�__ DATE: 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 CC ATTACHMENT 8 G.- J 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 S: \Community Development \DEV PMTS \Z O A \2002 \05 Entitlement \Staff Reports \CC 030820 Entitlement Process Rpt.doc F1 p-i F� r •� ; c^I Honorable City Council August 20, 2003 Page 3 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, S: \Community Development \DEV PMTS \Z O A \2002 \05 Entitlement \Staff Reports \CC 030820 Entitlement .�f�f„ r. Process Rpt.doc el-- ., `j Honorable City Council August 20, 2003 Page 4 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 RECOMENDATION 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. S: \Community Development \DEV Pm,rs \z O A \2002 \05 Entitlement \Staff Reports \CC 030620 Entitlement Process Rpt.doc G �r Honorable City Council August 20, 2003 Page 5 Attachments: (See CC Attachments 1 -7 of 09103103 Staff Report) 1. Draft Ordinance 2. PC Resolution (See Draft Ordinance for Exhibit(s)) 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 S: \Community Development \DEV PMTS \Z 0 A \2002 \05 Entitlement \Staff Reports \030903 attachment 8.doc