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HomeMy WebLinkAboutAGENDA REPORT 2004 0707 CC REG ITEM 08BMOORPARK CITY COUNCIL AGENDA REPORT ITEM S • B. TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: David A. Bobardt, Planning Man ge j� DATE: June 22, 2004 (CC Meeting of 07/07/2004) SUBJECT: Consider Zoning Ordinance Amendment No. 2004 -04: An Amendment to Chapter 17.12 (Establishment of Zones, Boundaries, and Maps) , Chapter 17.20 (Uses by Zone) , and Chapter 17.44 (Entitlement - Process and Procedures) of the Moorpark Municipal Code Related to Entitlement Review Requirements for Certain Uses BACKGROUND /DISCUSSION On May 19, 2004, the City Council adopted Resolution No. 2004- 2192, directing the Planning Commission to study, hold a public hearing, and provide a recommendation to the City Council on amendments to Chapters 17.20 and 17.44 of the Zoning Ordinance regarding the entitlement review process for certain uses. Community Development staff drafted proposed amendments in response to City Council direction and presented these to the Planning Commission at a public hearing on June 15, 2004. A copy of the staff report to the Planning Commission, detailing the proposed changes, is attached. No speakers addressed the Planning Commission on this item. The Planning Commission discussed the proposed amendments and adopted Resolution PC- 2004 -462, recommending approval of the amendments presented by staff with one minor revision: to include home schooling as a permitted use in residential zones along with day care facilities. This revision has been incorporated into the draft ordinance for City Council consideration. In addition, staff made minor clean -up revisions, corrections, and clarifications to the draft ordinance since the Planning Commission hearing. These additional changes include 1) correcting an obsolete code reference in Section 17.12.040; 2) S: \Community Development \DEV PMTS \Z O A \2004 \04 - Entitlement \Staff Reports \040707 CC Report.doc 00006'7 Honorable City Council July 7, 2004 Page 2 eliminating language in Section 17.020.030 that is inconsistent with the appeal process contained in Section 17.44.090; 3) clarifying differences between animal husbandry as a primary use and animal keeping as an accessory use in the residential zones in Section 17.20.050; 4) changing a number of code references in Sections 17.20.050 and 17.20.060; and 5) clarifying the appeal process in 17.44.090 for consistency with established practice. None of these additional clean -up changes would require Planning Commission review under Section 65853 of the Government Code as they do not involve any substantive changes to land use regulations. STAFF RECOMENDATION 1. Open the public hearing, take public testimony, and close the public hearing; 2. Introduce Ordinance No. for first reading, approving Zoning Ordinance Amendment No. 2004 -04. Schedule second reading and adoption for July 21, 2004. Attachments: 1. June 15, 2004 Agenda Report to the Planning Commission (without attachments) 2. Draft Ordinance No. Approving Zoning Ordinance Amendment No. 2004 -04 000068 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared by David A. Bobardt, Planning Manager DATE: June 2, 2004 (PC Meeting of 6/15/04) SUBJECT: Consider Zoning Ordinance Amendment No. 2004 -04: An Amendment to the Chapter 17.20 (Uses by Zone) and Chapter 17.44 (Entitlement - Process and Procedures) of the Moorpark Municipal Code Related to Entitlement Review Requirements for Certain Uses BACKGROUND On May 19, 2004, the City Council adopted Resolution No. 2004 -2192, directing the Planning Commission to study, hold a public hearing, and provide a recommendation to the City Council on amendments to Chapters 17.20 and 17.44 of the Zoning Ordinance regarding the entitlement review process for certain uses. DISCUSSION Ordinance No. 297, adopted on September 17 in the Zoning Ordinance related to entitlen The main purpose of this ordinance was regulations and policies into a more reorganization was the first step in a pro provide clear direction, but include a s( more appropriate level of review for entitlements. The focus of this second determination of which land uses in a gig over the counter, and which land uses sh review by the Community Development Direct . — �L _ --c rnf rrnn(r 2003, amended sections ant and use regulations. to reorganize existing readable format. This ess that would not only cond step to provide a the various land use �tep is the review and �n zone can be approved )uld have discretionary )r, Planning Commission, ,rn that have faced the City revolve around the Conditional Use Permit (CUP) review process and CUP applicability in Commercial and Industrial Zones. A secondary issue is the applicability of the Planned Development Permit for new construction in the commercial and industrial zones. S: \Community Development \DEV PMTS \Z O A \2004 \04 - Entitlement \Staff Reports \040707 cc att l.doc CC ATTACHMENT 1 ©®0069 Honorable Planning Commission June 15, 2004 Page 2 CUP Review Process The requirement for a particular land use to go through a Conditional Use Permit review process is based on the recognition that some uses may have components that, unless conditioned, would conflict with the purpose and intent of the Zoning Ordinance. A Conditional Use Permit application requires notification and a public hearing process where concerns can be discussed and a decision can be made in a public forum. This is a higher level of review than an administrative decision, which may also include Conditions of Approval, but would generally not require a public hearing. In most cities, this higher level of review is held by the Planning Commission, or in some cities, a Zoning Administrator. This is the case for Simi Valley, Thousand Oaks, and Camarillo. Moorpark's Conditional Use Permit (CUP) review process includes review by both the Planning Commission and the City Council. This process requires approximately three (3) months for a decision on a project (that does not have complicated issues) as it involves reviewing the application and preparing a recommendation, scheduling the Planning Commission hearing and providing public notice, holding the Planning Commission hearing, preparing the recommendation to the City Council, scheduling the City Council hearing and providing a second notice, and holding the City Council hearing. Not only is this process a burden on an applicant (and the public who would need to attend two hearings) , but it also makes it difficult for the City to comply with the Permit Streamlining Act, even for routine entitlement requests. Staff is recommending that the CUP review process be amended so that decisions are made by the Planning Commission. This is an appropriate level of review in that it still provides for public notification and a public hearing, but it avoids repeating the process in front of City Council, unless the decision is appealed. All decisions of the Planning Commission may be appealed by anyone to the City Council. This proposed process is consistent with the practice of most cities in California, and it provides more flexibility for the processing of CUP's within the time constraints set by the Permit Streamlining Act. CUP applicability in Commercial and Industrial Zones The current code requires CUP's for many uses in the commercial and industrial zone, and most uses when within 100 feet of a residential zone. After reviewing the existing regulations, staff is recommending a number of changes that include either increasing or decreasing the level of review for certain uses in certain zones, and adding or removing zones in which certain uses are permitted. The attached draft Planning Commission resolution 0000'70 Honorable Planning Commission June 15, 2004 Page 3 includes a draft ordinance with the proposed changes to the use matrix. The following table provides a summary of these changes. SUMMARY OF PROPOSED CHANGES TO THE USE MATRIX PROPOSED REVIEW PROCESS AFFECTED LAND USES AND PROPOSED CHANGE REVIEW PROCESS Delete CUP requirement Therapeutic massage (AP); private when use is within 100 post offices, parcel services, and feet of residential zone copy centers (ZC); recycling drop - (no change to permitted off bins (ZC); retail sales in M1 zones) and M2 Zones when no more than 200 of floor area or in CO zones when ancillary to office uses (AP); professional offices (ZC); veterinary offices and animal hospitals without boarding (AP) Change CUP requirement to Manufacturing and assembly (ZC AP when use is within 100 when not within 100 ft. of R Zone) feet of a residential zone (no change to permitted zones) Change CUP requirements Alcoholic beverage sales for off - regardless of distance site consumption in conjunction from a residential zone with other approved use (no longer to be permitted in CO Zone, automatic CUP in Cl Zone); brakes, oil changes, tire and shock sales and installation, tune -ups and other light service and repair (automatic CUP in C1 Zone); car washes (added as CUP use in M2 Zone); engine rebuilding, transmission repair, steam cleaning, auto body, auto painting (no longer to be permitted in C2 /CPD Zones, added as CUP use in M2 Zone); automobile service stations (no longer to be permitted in C1 Zone, added as CUP use in M2 Zone); building supplies (added as CUP use in M2 Zone); liquor stores (automatic CUP in all permitted zones); retail nurseries (changed from CUP to AP use in all permitted zones); 000071 Honorable Planning Commission June 15, 2004 Page 4 wholesale nurseries (changed from CUP to AP use in permitted zone); pawnshops (changed from CUP to AP use in C2 and CPD Zones, added as CUP use in COT Zone); consignment stores and secondhand stores (changed from ZC use in Cl, C2, CPD , and COT Zones - CUP when within 100 ft. of R Zones to be grouped with pawnshops); breweries, microbreweries, wineries, tasting rooms without entertainment (changed from AP to CUP in Ml and M2 Zones); warehousing (changed from CUP to AP use in Ml and M2 Zones); health clubs, gymnasiums, fitness centers, spas (changed from CUP to AP use in Ml Zone); private schools (changed from ZC to CUP use in I Zone) Miscellaneous changes Automobile rental (no longer permitted in Cl or COT Zone, no longer requires a CUP, if within 100 feet of R Zones); auto parts and supplies (no longer to be permitted in CO or COT Zones, added as ZC use in Ml and M2 Zones); retail shops and services (no longer permitted in CO Zone, no longer requires CUP if within 100 ft. of R Zones in permitted zones); research laboratories (changed from ZC to AP use in Ml and M2 Zones, no longer requires CUP if within 100 ft. of R Zones); banks (added as ZC use in Ml and M2 Zones, no longer requires CUP if within 100 ft. of R Zones); welding (changed from ZC to AP use in M2 Zone, no longer requires CUP if within 100 ft. of R Zones); private training facilities (added as AP use in CO, Cl, C2, CPD, COT, and M1 Zones) 000072 Honorable Planning Commission June 15, 2004 Page 5 Planned Development Permit Review Process Prior to the adoption of Ordinance No. 297, Planned Development Permits were included in the Zoning Ordinance Use Matrix almost interchangeably with CUP's. No clear distinction was made between a CUP and a Planned Development Permit. Both entitlements required very similar findings. Ordinance No. 297 removed Planned Development Permits from the use matrix, and instead focused the approval findings on architectural and site design criteria, whereas CUP findings focused on use. Planned Development Permit review requires both Planning Commission and City Council hearings. Thresholds for buildings that require Planned Development Permit review include new residential construction of five or more units and new commercial or industrial development 10,000 square feet or greater. Staff has found that commercial and industrial buildings less than 10,000 square feet should also be subject to architectural and site plan review, though at a lesser level, to ensure high quality building design throughout the City. This is consistent with the policies under General Plan Land Use Element Goal No. 17: Enhance the physical and visual image of the community. Staff is recommending that an Administrative Permit be required for all new commercial or industrial development less than 10,000 square feet. This would allow the Community Development Director to review site plans and provide appropriate conditions to ensure high quality design. It is also a relatively quick process in that it only requires a 10 -day notice to adjacent property owners and no formal hearing. ENVIRONMENTAL DETERMINATION 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. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental 0000 73 Honorable Planning Commission June 15, 2004 Page 6 documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. 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) . The proposed revisions to the Zoning Ordinance would alter the City's entitlement review process, but would not have an effect on the environment. Some commercial and industrial uses would no longer require discretionary review to occupy existing buildings. These are only uses that would not involve levels of activity that would create new significant environmental effects, provided that they comply with all applicable development regulations. No further environmental documentation is required. STAFF REC010MNDATION 1. Open the public hearing, accept public testimony and close the public hearing. 3. Adopt Resolution No. PC -2004- recommending to the City Council approval of amendments to Chapter 17.20 and 17.44 of the Moorpark Municipal Code. ATTACHMENT: Draft Planning Commission Resolution 000074 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2004 -04 FOR AMENDMENTS TO CHAPTERS 17.12 (ESTABLISHMENT OF ZONES, BOUNDARIES AND MAPS), 17.20 (USES BY ZONE), AND 17.44 (ENTITLEMENT. - PROCESS AND PROCEDURES) OF THE MOORPARK MUNICIPAL CODE WHEREAS, on May 19, 2004, the City Council adopted Resolution No. 2004 -2192 directing the Planning Commission to study, set a public hearing, and provide a recommendation on amendments to the Zoning Code related to the entitlement review process for certain uses; and WHEREAS, at its meeting of June 15, 2004, the Planning Commission conducted a duly- noticed public hearing on Zoning Ordinance Amendment No. 2004 -04 for amendments to Chapters 17.20 and 17.44 of the Moorpark Municipal Code related to the entitlement review process for certain uses, received public testimony, and after receiving oral and written public testimony, closed the public hearing and reached a decision, adopting Resolution No. PC- 2004 -462 recommending to the City Council approval of Zoning Ordinance Amendment 2004 -04; and WHEREAS, minor corrections and clarifications have also been incorporated into Zoning Ordinance Amendment No. 2004 -04; and WHEREAS, at its meeting of July 21, 2004, the City Council conducted a duly- noticed public hearing on Zoning Ordinance Amendment No. 2004 -04, received public testimony, and after receiving oral and written public testimony, closed the public hearing, and reached a decision; and WHEREAS, the City Council concurs with the Community Development Director's determination that this project is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds Zoning Ordinance Amendment No. 2004 -04 is consistent with the City of Moorpark General Plan and all adopted Specific Plans. CC ATTACHMENT 2 000075 Ordinance No. Page 2 SECTION 2. Chapters 17.12, 17.20 and 17.44 of the Moorpark Municipal Code are hereby amended as shown in Exhibit A. 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 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 , 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Amendments to Chapters 17.12, 17.20 and 17.44 of the Moorpark Municipal Code 000076 Ordinance No. Page 3 EXHIBIT A AMENDMENTS TO CHAPTERS 17.12, 17.20 AND 17.44 OF THE MOORPARK MUNICIPAL CODE Section 17.12.040 of the Moorpark Municipal Code is hereby amended as follows: Section 17.12.040 Establishment and changes of zone classifications. The establishment and changes of the zone classification on land in the city, shall be effected by ordinance adopting zoning maps in the manner set forth in Chapter 17.6444. Section 17.20.030 of the Moorpark Municipal Code is hereby amended as follows: 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 planning commission and 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 -coil in accordance with Chapter 17.44. Section 17.20.050 of the Moorpark Municipal Code is hereby amended as follows: 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. 000077 Ordinance No. Page 4 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 as a primary use in accordance with SeetialTs- !;.20.040 Apd 17.'. ,moo Chapter 17.28 a. Without Structures ZC ZC ZC ZC ZC ZC b. With structures of total gross floor areas per lot: - Less than 1,000 sq. ft. ZC ZC ZC ZC - 1,001 - 20,000 sq. ft AP ZC AP - 20,001 - 100,000 sq. ft. CUP AP - >100,000 sq. ft. CUP 2. Animal hospital, for large CUP CUP CUP animals 3. Apiculture in accordance ZC ZC AP with seetion i 7.29 .2 i n Chapter 17.28 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 sq. ft. ZC ZC ZC ZC ZC ZC ZC - 1,001 - 20,000 sq. ft. ZC ZC AP AP CUP - 20,001 - 100,000 sq. ft. AP CUP - >100,000 sq. ft. CUP CUP 6. Kennels and catteries CUP CUP CUP CUP (domestic) see Seen ' �.', -, Cha ter 17.28 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 Seetion 4 7-28,074—Chapter 17.28 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 Ordinance No. Page 5 Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD 2. Care facilities and home schooling 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 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 famil 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 c. Home schooling, including NZC NZC NZC NZC NZC NZC NZC NZC home teaching, home independent study, and individual instruction as defined by the Education Code, not involving provision of such services to non- residents of the property. 3. Dwellings, single family a. Standard construction, AP AP AP AP AP AP AP AP AP including manufactured housing consistent with Section i7.29.0-20(G) Chapter 17.28 (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 Seetion ".''T, 464 Chapter 17.28 000079 Ordinance No. Page 6 Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD 4. Dwellings, two- family or two single family dwellings on one lot a. Less than five (5) dwelling AP AP units b. Less than five (5) affordable AP AP or senior housing units when in compliance with Chapter 17.64 5. Dwellings, multiple family a. Less than five (5) dwelling AP units b. Less than five (5) affordable AP or senior housing units when in compliance with Chapter 17.64 6. Mobilehome parks in CUP CUP CUP CUP CUP CUP CUP compliance with the applicable standards of the zone in which it is located. It shall include recreation facilities with minimum distance between structures of ten (10) feet and minimum distances between accessory structures of six (6) feet 7. Model homes, temporary AP AP AP AP AP AP AP office for the sale of homes or lots in a subdivision that are a part of an approved tentative map and when there is a model complex plan/temporary office plan approved by the community development director C. PUBLIC AND QUASI - PUBLIC USES Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD 1. Places of religious worship, CUP CUP CUP CUP CUP CUP CUP with or without schools 2. Clubhouses with or without CUP CUP CUP CUP CUP alcoholic beverage sales 3. Colleges and universities CUP 4. Communication facilities, CUP CUP CUP CUP CUP CUP CUP CUP CUP including wireless in accordance with the requirements of Chapter 17.42 t;ieilities (Mina.- FeqtiiFe Rly pre- approved locations require only an AP) F11 :1 ordinance No. Page 7 Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD 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 zoning clearance) 8. Wireless communication CUP CUP CUP CUP CUP CUP CUP CUP CUP facilities in accordance with Chapter 17.42 (Mifief f„..:':+:° yeqkiiFe —eiil appFeval; pre - approved locations require only an AP) D. ACCESSORY AND MISCELLANEOUS USES Zones O -S A -E I R -A R -E R -O R -1 R -2 RPD TPD 1. Animal keeping as an accessory use when the primary use is residential in accordance with the requirements of See-t-ien 1 7.'rr- 288-v30 Chapter 17.28 a. Apiculture ZC ZC ZC b. Aviaries AP AP AP AP c. Farm animals including NZC NZC NZC NZC NZC NZC NZC NZC #ZE horses and ponies subject to the requirements of Seetien ,'n '� Chapter 17.28 d. Pet animals are allowed in NZC NZC NZC NZC NZC NZC NZC NZC NZC all zones subject to the requirements of Seetion 17.29.030(G) Chapter 17.28 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 000081 ordinance No. Page 8 Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD 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 a water depth greater than eighteen (18) inches 3. Antenna or flag pole, ground mounted, non - commercial a. <35 -feet high AP AP AP AP AP AP AP AP AP 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 Seetion 1749.020(B) Chapter 17.28 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 forty -two (42) days in any one hundred eighty (180) day period are considered temporary and shall comply with the requirements of Seetien —i 7.2 .120 Chapter 17.28 and Title 5 of the Moorpark Municipal Code 000082 ordinance No. Page 9 Zones O -S A -E R -A WE R -O R -1 R -2 RPD TPD 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 Seetion �.'�- . Chapter 17.28 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 motion 17 -28.240 Chapter 17.28 (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 materials in accordance with the requirements of Seetion ' g.'40 Cha ter 17.28 T, 13. Storage, open consistent NZC NZC NZC NZC NZC NZC NZC NZC NZC with section 17.28.020(F-) Chapter 17.28 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 one hundred eighty (180) days require an AP. 000083 Ordinance No. Page 10 Section 17.20.060 of the Moorpark Municipal Code is hereby amended as follows: 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 new construction of building floor area 10,000 square feet or greater, and an administrative permit is required in all commercial and industrial zones for any new construction of less than 10,000 square feet of building floor area. 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 or administrative permit if needed in accordance with this Section and Sin 17.^,- �4.040(C) Chapter 17.44. 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 GOT M -1 M -2 I A. RETAIL AND SERVICE USES 1. Adult businesses CUP CUP 2. Alcoholic beveraize sales for off -site consumption CUP AP* AP* AP* AP* when in conjunction with another cites- approved retail or service use other than automobile service station or liquor store a. Beer and/or wine ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is re uired b. Beer, wine and other alcoholic beverages CUP CUP CUP CUP CUP -2 3. Automobile /light truck/motorcycle cif ithin hun -ed 4:,et of -AP AP AP -AP -AP AP a. ftnW e (100) b a. Brakes, oil changes, tires and shock sales and installation, tune -ups and other light service and re air (with or without hydraulic lifts) (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) AP CUP AP* AP* AP* b. Car washes, self - service or automatic with or CUP CUP without automotive services stations c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting C-4p CUP CUP d. Parts and supplies ZC ZC ZC ZC e. Rental AP AP AP Ordinance No. Page 11 Zones GO C -1 CPD C -2 GOT M -1 M -2 I d _£ Sales, with or without service and parts CUP CUP CUP g. Service stations with or without mini -marts and CUP CUP with or without beer and wine sales for off -site consum tion 3 A ;lo stations . 4h mini rr' �g ��rr II�� C44P tite eb se e of without .,rte .4,,.7 with 'ithout boor and , ales f0f 4. Body piercing and/or tattoo CUP CUP 5. Building supplies (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) AP* CUP CUP Cog Cpl? mil? 7 yes, 014P . self aefviee aF - a;iteffiatic- with —6 8 6. Hay and feed sales CUP CUP .9 7. Hotels, motels and bed - and - breakfast inns when in compliance with Chapter 5.44 CUP CUP CUP CUP 4-0 8. Kennels and catteries CUP CUP -4 9. Liquor stores (when located no closer than one thousand (1,000) feet of any other liquor store or public or private school) (i withiii efie hanE fe-d (1 n�meet Al? CUP A-P CUP A-P CUP Of a eSiaefit a ;t ;0,,,,1 . , , ;t ; eEfHifed) A4 10. Massage, therapeutic when in compliance with Chapter 5.48 (if w4h;., efie h..ndfed (100 Eo ll„ ort„ AP AP AP of a side,ti a nditiona1 use zefied p 4-3 11. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an enclosed area 0:'-R AP 4-4 12. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies kept in an enclosed area EA44? AP a-5 13. Pawnshops, consignment stores, and secondhand shops when in compliance with Chapter 5.32, thrift stores 0-42 AP CUP 4-6 14. Pest control services (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) AP* AP* 4-:� 15. Private post offices, parcel services, copy ZC ZC ZC ZC centers il"equ"4) 4-9 16. Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code CUP Ordinance No. Page 12 Zones GO C -1 CPD C -2 GOT M -1 M -2 I 4-9 17. Recreation vehicle storage yards when not CUP located on parcels adjacent to Arterial Roads or Freeways as shown on the Moorpark Circulation Element Ma 20 18. Recycling centers CUP CUP CUP 24 19. Recycling drop -off bins when located in an ZC ZC ZC ZC ZC ZC area determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation (if .. ithi.. °m° handr °a (1 004 2-2 20. Rental and leasing of large equipment withf AP* AP* or without outdoor storage and repair ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 24 21. Retail shops and services, except as otherwise ZG ZC ZC ZC indicated in this table, including, but not limited to antiques, mart and craft dealers and supplies, aic t supply, bakeryies, barbers, beauty salons, bicycle sales /service, books and stationery, camera/photo stores including on -site processing, carpet and flooring sales /cleaning./installation, cigar /cigarette sales, clothing and fabric stores, computer sales and ices ies— service, espy se aHEI Stipp! ease, department and variety stores, dry cleaners, electronic equipment sales and service, florists, fleefifigleaFpet , food aad - markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newstands, paint stores, party supply sales and rental, pet grooming, pet sales and supplies, pharmacyies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and equestrian supplies, small equipment rental (no outdoor storage), spa, toy and hobby stores, +: e °F� 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 17.20.030 000086 Ordinance No. Page 13 Zones C -O C -1 CPD C -2 GOT M -1 M -2 I 24 22. Retail sales combined with limited distribution and/or warehousing ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) AP* 2-4 23. Retail sales in the M -1 and M -2 zone limited to a maximum of twenty percent (20 %) of the gross floor area of the building in which it is located. In an industrial complex the twenty percent (20 %) shall be computed on the basis of the cummulative total (;t ;t+.; 1 ( 100) toot ,.t ;ao„t; ,11. AP AP efie lidfea a 26 24. Retail sales (temporary) in the M -1 and M -2 zones. Issuance of a temporary use permit shall take the place of a zoning clearance. TUP TUP 27 T1 o„t (4 within ZIG ZIC ZIG ri4 st..>•o� , stage o o14. hHHE>-Od i00) toot .t ide ( fltiall. 0EI conditional .., ;t ; red) B. EATING AND DRINKING PLACES Zones C -O C -1 C -2 CPD GOT M -1 M -2 I site ,. ..t;..,, sales for- 1 A 1,.,.+.,.1;e beye A-P A-P A-P A-P AR age ag beef .,..EWF ,., ;.,v (;t 11,0 > ,, a oa nn1 toot ..ball "I b. bee-F,wiRe Aoahe4e-b��' OLLP C44P CEO LIMP cl� and other 2 1. Bars with or without entertainment including, but not limited to cocktail lounges, cabarets CUP CUP CUP CUP -3 2. Breweries, micro breweries, wineries /tasting rooms with or without restaurant and with or CUP CUP CUP CUP without outdoor seating and with or without entertainment b. With Cep C–U-P CUP C 4-P eF w-itheat Festatifatit — and with 4 3. 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 without on -site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) AP* AP* AP* AP* AP* 000087 ordinance No. Page 14 Zones GO C -1 CPD C -2 GOT M -1 M -2 I With with on site- CUP GtFp tip C6P r b. afwitheut eflter-taiflfneRt and e b. With drive -in or drive- through facilities (off- CUP CUP CUP CUP CUP s+te sale of &4 alcoholic beverages from the drive -in or drive - through facilities is prohibited) with or without outdoor seating C. OFFICE AND PROFESSIONAL USES Zones GO C -I C -2 CPD GOT M -1 M -2 I 1. Banks and other financial institutions (if withifi l a a (100) feet i�a.iod ZC ZC ZC ZC ZC ZC e-fle -o -a fesidentiall., 2. Laboratories: research and scientific04-within ,e AP z_C_ AG AP AP 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 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 17.20.0-2-30 (i+ within e hafiE rod (4 00 1 * i,,, ,,;.: 1 ZOHed PFOPeft�' 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 withiH e hundred 4n b. With boarding indoors or outdoors CUP CUP CUP D. MANUFACTURING, ASSEMBLY, AND DISTRIBUTION USES Zones GO C -1 C -2 CPD GOT M -1 M -2 I 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 Ordinance No. Page 15 Zones CPD C -O C -1 C -2 GOT M -1 M -2 I 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 17.20.0-230 (*if within one hundred (100) feet of a residentially zoned property a eenditie al use Pe-Fm4 an administrative permit is required) 5. Outdoor storage when in conjunction with a city CUP AP* approved use and when all storage is screened by an eight (8) foot high masonry wall architecturally matched to the structure. ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 6. Warehousing, including self - storage or mini - kl6P C storage. Self- storage or mini - storage shall not be AP AP permitted on parcels adjacent to Arterial Roads or Freeways as shown on the Moorpark Circulation Element Map 7. Welding (if ithif efie ti..ndFea (I00) Ise, of a AP ZC o o AP .,,side ntiall i�ened pr-eperty a nditi fiat mi is E. PUBLIC AND SEMI - PUBLIC USES Zones C -2 GO C -1 CPD GOT M -1 M -2 I 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades (video and computer) and cyber cafes CUP CUP CUP CUP b. Health club /gymnasium/fitness center /spa (*if AP* AP* AP* AP* r within one hundred (100) feet of a residentially AP* zoned property a conditional use permit is required) Ordinance No. Page 16 Zones CPD C -O C -1 C -2 GOT M -1 M -2 I 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 one hundred (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 a ems}; 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 one AP* AP* AP* AP* hundred (100) feet of a residentially zoned property a conditional use permit is required) 8. Places of religious worship CUP CUP 9. Urionc Private education and facilities AG including, but not limited to colleges and CUP universities, elementary, middle and high schools; 10. Private training facilities including, but not AP* AP* AP* AP* AP* limited to professional and vocational schools, art and craft schools, music schools not part of a music store, and driver training schools ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 000090 Ordinance No. Page 17 Section 17.44.040 of the Moorpark Municipal Code is hereby amended as follows: 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 000091 CPD Zones C -O C -1 C -2 C -OT M -1 M -2 I 48 11. 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 Seetien ' 7�, -''�40 Chapter 17.28 (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 44 12. Utility structures (electrical boxes, AP AP AP AP AP AP AP 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 zone clearance) F. ACCESSORY AND MISCELLANEOUS USES C -2 Zones GO C -1 CPD GOT M -1 M -2 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 17.20.060(A)(2-2-)J2 I I when the uses are determined by the community development director to be ancillary to the office uses of the (4within on ti,.ndfea foot . , oa (inn) of sidentiall z p ef4y „ditieflal . I ; roai 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 one hundred eighty (180) days require an AP. Section 17.44.040 of the Moorpark Municipal Code is hereby amended as follows: 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 000091 Ordinance No. Page 18 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 (1) additional ninety (90) day extension to a temporary use permit may be granted. A temporary use permit may be revoked by the community development director prior to the expiration date based upon information that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the public. B. Administrative Permit (AP). An administrative permit is required prior to the initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review and approval by the community development director is required to assure compliance with the provisions of the Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural review. Notice of a pending decision on an administrative permit shall be mailed by the community development director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applicable regulations will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the permit, deny the permit, or approve the permit subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other applicable regulations. 000092 Ordinance No. Page 19 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 of this chapter. 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; 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 eity 66i 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 eity 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 conditional use permit to be approved, the eity eetiHeil Planning commission 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 000093 Ordinance No. Page 20 additional findings are required for the approval of conditional use permits for establishments selling alcoholic beverages: a. The use will not result in an over concentration in the area of establishments selling alcoholic beverages; b. The use will serve a public convenience; C. The use will not create the need for increased police services; d. The requested use at the proposed location will not adversely affect the economic welfare of the community; and e. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. E. Variance. A variance is an adjustment in the regulations contained in this title. A variance is based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off - street parking, landscaping and wall, fencing and screening standards. A variance shall be processed in accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a substitute to an amendment to these zoning regulations. Except when a variance is filed as part of a planned development permit, conditional use permit and as provided in subsection (F) of this section, variance requests shall be heard and decided by the planning commission through a public hearing process. Prior to approving, conditionally approving, or denying an application for a variance, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a variance to be approved, the decision - making authority shall find that: 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. Ordinance No. Page 21 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 17.44.090 of the Moorpark Municipal Code is hereby amended as follows: 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, including _a member of the planning commission, 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. An appeal of an action or decision of the community development director filed by a city councilmember shall be taken to the city council for consideration. 2. may be appealed by aHy pefsE)H to the plannifig All actions of the planning commission authorized by this title may be appealed by any person includinjz a member of the city council, to the city council. The appellant shall file the appeal in writing, along with the applicable fee, with the city el@Fli 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. filed within rho *;.,,o ,:flits of stibseetiefi (R` Actions and decisions of the city council authorized by this title are not appealable. B. Time Limits. All appeals of decisions authorized by this title shall be filed with the community development director 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 (I Oth) 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. Actions of the decision - making authority, including decisions on appeals, not appealed within these time limits are final. 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 subsection (13)(1) of Section 17.44.060. No fee shall be required when the item is appealed by a city councilmember. D. Appeal Process. 000095 ordinance No. Page 22 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. f '� �Rr:J