HomeMy WebLinkAboutAGENDA REPORT 2004 0901 CC REG ITEM 08AMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
ITEM 8'A'
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of 9- / -,A004
ACTION: 6" s-. 1PA4 rho. 304,
/.� lrirnyl -2 GLLGi. �in 1dt.�.Q� �
BY• �
FROM: Barry K. Hogan, Community Development DirecZJ0
Prepared By: David A. Bobardt, Planning Man DATE: July 26, 2004 (CC Meeting of 9/1/2004)
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
On July 7, 2004, the City Council opened the public hearing and
continued this agenda item with the public hearing open to July
21, 2004, at staff's request. This request was made to allow
time for City Attorney review of the proposed ordinance. On
July 21, 2004, the City Council continued this item with the
public hearing still open to September 1, 2004, to allow for
additional staff review time. No speakers appeared on this item
at either Council meeting. Staff has completed review of the
draft ordinance and has made a few additional changes discussed
below. Copies of the July 21, 2004 and July 7, 2004 City
Council agenda reports (Attachments 1 and 2), along with the
June 15, 2004 Planning Commission agenda report (Attachment 3),
and the revised draft ordinance (Attachment 4) are attached.
DISCUSSION
In addition to minor grammatical corrections, the following
changes to the recommended draft ordinance have been made since
the release of the July 7, 2004 agenda report (Attachment 1).
1. Greenhouses between 20,001 square feet and 100,000 square
feet in the O -S zone have been changed from a use requiring
S: \Community Development \DEV PMTS \Z 0 A \2004 \04 - Entitlement \Staff Reports \040901 CC Report.doc
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Honorable City Council
September 1, 2004
Page 2
an administrative permit to a use requiring a conditional
use permit.
2. Care facilities in the residential zones have been renamed
as family day care homes to be consistent with terminology
used in the Health and Safety Code for residential day care
and to clearly distinguish these uses from other types of
care facilities permitted in the commercial zones.
3. Swimming, wading, and ornamental pools have been
distinguished between those requiring a Zoning Clearance
and those not requiring one based on the need for a
building permit. The current Zoning Code bases this
distinction on depth of water.
4. The threshold for requiring a Council - approved Planned
Development Permit for new commercial and industrial
construction has been reduced from 10,000 square feet to
2,500 square feet, with a Community Development Director -
approved Administrative Permit required for smaller
commercial and industrial construction projects. This
change recognizes the high visibility and sensitivity of
commercial and industrial construction, especially on
smaller lots within the Downtown Specific Plan.
5. "Limited distribution and /or warehousing" with retail sales
as a primary use, currently requiring an Administrative
Permit in the C -2 /CPD zone, has been defined as not
exceeding forty percent (400) of building floor area. This
change reduces subjective judgment and uncertainty in the
development review process.
6. Warehousing and self - storage uses have been separated as
different use categories with different levels of review,
lowering the level of review for warehousing to an
Administrative Permit process, and maintaining the level of
review for self storage at the Conditional Use Permit
process level.
7. Temporary motion picture and television production in
commercial and industrial zones has been more clearly
defined to match definitions found in the residential
zones.
As with the previous staff revisions identified in the July 7,
2004 agenda report, these revisions to the draft ordinance
generally deal with review process issues and not uses or
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Honorable City Council
September 1, 2004
Page 3
standards. Therefore, they do not require further Planning
Commission review under Section 65853 of the Government Code.
STAFF RECOMMENDATION
1. Continue to 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 September 15, 2004.
Attachments:
1. July 21, 2004 Agenda Report to the City Council
2. July 7, 2004 Agenda Report to the City Council (without
attachments).
3. June 15, 2004 Agenda Report to the Planning Commission
(without attachments).
4. Draft Ordinance No. Approving Zoning Ordinance
Amendment No. 2004 -04.
000003
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared By: David A. Bobardt, Planning Manager
DATE: July 9, 2004 (CC Meeting of 07/21/2004)
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 July 7, 2004, City Council continued this agenda item with
the public hearing open to July 21, 2004 at staff's request.
This request was made to afford time for additional staff and
City Attorney review of the proposed ordinance. Additional time
is still needed.
STAFF RECOMMENDATION
1. Continue to take public testimony, and continue the agenda
item with the public hearing open to September 1, 2004.
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CC ATTACHMENT 1
00 004
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared By: David A. Bobardt, Planning Manager
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
S: \Community Development \DEV PMTS \Z O A \2004 \04 - Entitlement \Staff Reports \040707 CC Report.doc
CC ATTACHMENT 2
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Honorable City Council
July 7, 2004
Page 2
Commission hearing. These additional changes include 1)
correcting an obsolete code reference in Section 17.12.040; 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 RECOMMENDATION
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
nnn(l6Z
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, 2003, amended sections
in the Zoning Ordinance related to entitlement and use regulations.
The main purpose of this ordinance was to reorganize existing
regulations and policies into a more readable format. This
reorganization was the first step in a process that would not only
provide clear direction, but include a second step to provide a more
appropriate level of review for the various land use entitlements.
The focus of this second step is the review and determination of
which land uses in a given zone can be approved over the counter,
and which land uses should have discretionary review by the
Community Development Director, Planning Commission, or City
Council. The main issues of concern 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.
CC ATTACHMENT 3
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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
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Honorable Planning Commission
June 15, 2004
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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 C1 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);
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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 M1 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 M1 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)
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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
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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 RECObMNDATION
1. Open the public hearing, accept public testimony and close the
public hearing.
3. Adopt Resolution No. PC -2004-
Council approval of amendments
the Moorpark Municipal Code.
recommending to the City
to Chapter 17.20 and 17.44 of
ATTACHMENT: Draft Planning Commission Resolution
00®01.2
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 meetings of July
and September 1, 2004, the City Council
public hearing on Zoning Ordinance
received public testimony, and after rE
public testimony, closed the public
decision; and
7, 2004, July 21, 2004,
conducted a duly- noticed
Amendment No. 2004 -04,
�ceiving oral and written
hearing, and reached a
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:
CC ATTACHMENT 4
000013
Ordinance No.
Page 2
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.
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
000014
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 17.4044.
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 eeuneil
"lithiij ten (10) ealeRdar Ela�'S Of the WFitieli deeisjoH. The appeal shall be filed- 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.
000015
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
= Adminictrntive Permit_ CUP = Conditional Use Permit. TUP = Temporary Use Permit
Zones
O -S
A -E
R -A I
R -E
R -O
R -I
R -2
RPD
TPD
A. AGRICULTURAL USES
1. Animal Husbandry as a
primary use in accordance with
Seetiens Chapter ' 7.-r 20.040
a*d 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 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 SeetiseChapter 17.28-.24-0
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
Z-C
ZC
AP
- 1,001 — 20,000 sq. ft.
ZE
ZE
AP
AP
CUP
AP
AP
- >4- 020,000 sq. ft.
CUP
CUP
6. Kennels and catteries
CUP
CUP
CUP
CUP
(domestic) see Seetien Chapter
17.28:039
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
See4ee Chapter 17.28-07-0
8. Wildlife sanctuaries
CUP
CUP
B. RESIDENTIAL USES
Zones
O -S
A -E
R -A
R -E
R -O
R -I
R -2
RPD
T
1. Boardinghouses and bed and
CUP
CUP
CUP
CUP
CUP
CUP
CUP
breakfast inns
000016
Ordinance No.
Page 5
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
2. Care facAlities Family day
care homes and home
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
schooling
a. (;Oflsis�etit with the
the State
s of 0
Code, ChapteF 3.6. Care
des Small family day care
homes serving siN '6' of
° + +° ;l;ty
as RHy
de4n@j care
as a eafflffltiRity
#al
and- - residep --ewe
faeilities de#ified by
as
Chaptefs 3 °fia 3.2 up to eijzht
(8) children within a single
family residence when found
consistent with Section
1597.44 of the Health and
Safety Code, shall ffleet the
ids
and -- regt-ements
to 4W4y
applieable siligle
b. Large family day care
homes serving For- °~ (7) to
twelk'° (1 2) ehildre up to
fourteen 141 children aiay be
allewe,d within a single family
residence when found
consistent with Section
1597.465 of the Health and
Safety Code
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
c. Home schooliniz, including
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
home teachinjz, home
independent study, and
individual instruction as
defined by the Education
Code, only involving provision
of such services to residents of
the property.
3. Dwellings, single family
a. Standard construction,
including manufactured
housing consistent with
Section !7.28.020(C) 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)
AP
AP
AP
AP
AP
AP
AP
AP
AP
0100017
Ordinance No.
Page 6
Zones
O -S
A -E
R -A
WE
R -O
R -1
R -2
RPD
TPD
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 Seetien
7.2G) Chapter 17.28
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
=F DU
Ordinance No.
Page 7
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
4. Communication facilities,
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
including wireless in
accordance with the
requirements of Chapter 17.42
faeilrcRsTCgHiFe
(Mifief Olil``
planning -- e0ffiff
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
zoning clearance)
8. Wireless communication
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
facilities in accordance with
Chapter 17.42 (Mitief faeiliti
fegtrife -- Only plaRBIRg
i appfevai; 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 Section
17.', 3o 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
NZC-
horses and ponies subject to
the requirements of See-tion
- 8-39 Cha ter 17.28
d. Pet animals are allowed in
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
all zones subject to the
requirements of See-tion
17.''T, 0(C-4 Chapter 17.28
000019
Ordinance No.
Page 8
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
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 of
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ornamental pools, or spas
where a building permit is
required
e. Swimmin wading,
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
ornamental pools, or spas
where a building permit is not
re wired
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
CUPI
CUP
CUP
4. Dwelling, caretaker
AP
AP
AP
AP
I 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
S .tion P.28.020(B) Chapter
17.28
7. Maintenance and minor
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
repair to buildings involving
structural alterations
000020
Ordinance No.
Page 9
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
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 17.28.120 Chapter
17.28 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 Seet-ion
47-.24.474 Cha ter 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
17.',� �.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 Seem
Chapter 17.28
13. Storage, open consistent
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
with Seeti o n 17.29.02 of )
Chapter 17.28
14. Soil testing for wells,
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
foundations, septic systems
and similar construction
000021L
Ordinance No.
Page 10
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
15. Temporary uses including,
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
but not limited to carnivals,
Christmas tree sales, circuses,
festivals, ffievie atid '°'°"is'°"
mien,, 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 17.20.060 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
! 0,000 new construction of building floor area 2,500 square feet or greater, and an administrative permit is
required in all commercial and industrial zones for any new construction of less than 2,500 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 Seetion
17.44.040(E3 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
I Zones I C -O C -1 C-2 2 C -OT I M -1 M -2 I
A. RETAIL AND SERVICE USES
1. Adult businesses CUP CUP
2 Alcoholic beverage sales for off -site consumption
when in conjunction with another city - approved
retail or service use other than automobile service
station or liquor store
a Beer and/or wine ( *if within one hundred (100) CUP AP* AP* AP* AP*
feet of a residentially zoned property a conditional
use nermit is reauired)
000022
ordinance No.
Page 11
Zones
GO
C -1
CPD
C -2
GOT
M -1
M -2
I
b. Beer, wine and other alcoholic beverajZes
CUP
CUP
CUP
CUP
CUP
-2 3. Automobile /light truck/motorcycle
AP
AR
A-P
AP
A-P
A42
b a. Brakes, oil changes1 tires and shock sales and
installation, tune -ups and other light service and
repair (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
CAP
CUP
CUP
d. Parts and supplies
ZC
ZC
ZC
ZC
e. Rental
AP
AP
AP
d _£ Sales, with or without service and parts
CUP
CUP
CUP
Ia. Service stations with or without mini -marts and
CUP
CUP
with or without beer and wine sales for off -site
consum tion
a n bile 0 ;th at fflini
C-4P
C 4P
t e stations with
(I beer- fl wine sales f
mart-, with eF witheat
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
C 4P
1?
CUP
7. Car- with E)
GU4?
washes, seW s@fN,iee or autema�ie
8.6. Hay and feed sales
CUP
CUP
.4 7. Hotels, motels and bed - and - breakfast inns when
in com liance with Cha ter 5.44
CUP
CUP
CUP
CUP
4-0 8. Kennels and catteries
CUP
CUP
44- 9. Liquor stores (when located no closer than one
thousand (1,000) feet of any other liquor store or
public or private school) (if within hunElFe
A-P
CUP
AP
CUP
-AP
CUP
-1--2 10. Massage, therapeutic when in compliance
with Chapter 5.48 (4 ..,;thiR E)fi@ i,,,,,dre -E (I nm of
+ is tiall . a ndit;, nal as
AP
AP
AP
a zan@d p @r-y
4-3 11. Nurseries (retail) with or without container
grown plants when all equipment and supplies kept
in an enclosed area
CAP
AP
000023
ordinance No.
Page 12
Zones
C -O
C -1
CPD
C -2
C -OT
M -1
M -2
I
44 12. Nurseries (wholesale and/or retail) with or
rho
without container grown plants when all equipment
AP
and supplies kept in an enclosed area
4-5� 13. Pawnshops consignment stores, thrift stores
mil?
CUP
and secondhand shops when in compliance with
AP
Chapter 5.32
-14 14. Pest control services (*if within one hundred
AP*
AP*
(100) feet of a residentially zoned property a
conditional use permit is required)
4-7 15. Private post offices, parcel services, copy
ZC
ZC
ZC
ZC
handr-ed feet 04L--a
centers (if w4hin ofie (100)
}S_��
-1-9 16. Psychics, fortunetelling, and spiritual advisors
CUP
when in compliance with Title 5 of the Moorpark
Municipal Code
4-9 17. Recreational vehicle storage yards when not
CUP
located on parcels adjacent to Arterial Roads or
Freeways as shown on the Moorpark Circulation
Element Highway Network Map and with or without
a caretaker dwellin
N 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 (4 ., ithiH one h,...af:ed (1 04)
2-2 20. Rental and leasing of large equipment with
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)
ordinance No.
Page 13
Zones
GO
C -1
CPD
C -2
GOT
M -1
M -2
I
23 21. Retail shops and services, except as otherwise
Z-C-
ZC
ZC
ZC
indicated in this table, including, but not limited to
antiques, mart and craft dealers and supplies, ante
std; baker -y es, 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
ieeS day
service, eep.7 11— I Effid supplies, eafee-,
department and variety stores, dry cleaners,
electronic equipment sales and service, florists,
floor-ingleafpet sales�serviee -food ami- 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, phete,lea a,,
photography studios, pool and spa sales and
supplies, shoe stores, sporting goods and equestrian
supplies, small equipment rental (no outdoor
storage), sp<r, toy and hobby stores, ased
°f� video /DVD /CD sales and rental,
wireless sales /services and uses which the
community development director determines to be
similar when in compliance with Section 17.20.0230
•t ti...,a . °a (1 nn) toot , ° identiall ,
within one of
24 22. Retail sales combined with limited
AP*
distribution and/or warehousing not exceeding forty
percent (40 %) of gross floor area of the building in
which it is located ( *if within one hundred (100) feet
of a residentially zoned property a conditional use
permit is required)
2-S 23. Retail sales in the M -1 and M -2 zone limited
AP
AP
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 cumulative total
floor area of the industrial planned development
1( PD) i.,.ndfea (1 nn) toot f�
(i w4hi one
00002 5
Ordinance No.
Page 14
Zones
C -O
C -1
CPD
C -2
C -OT
M -1
M -2
I
2-6 24. Retail sales (temporary) in the M -I and M -2
zones. Issuance of a temporary use permit shall take
the place of a zoning clearance.
TUP
TUP
27. Tti i fi °.,t (i+ 4hi.. e
ZVI
ZVI
Z_C_
store
dit; „ l ;. °a)
° ur
B. EATING AND DRINKING PLACES
Zones
C -O
C -1
C -2
CPD
C -OT
M -1
M -2
I
AP
f1P
AP
SAP
AP
beef ai ,fie hundred (100) +o °t
a. (ifwithifi
ffr-mit is dl
ti bee-F,wine °t,,
GU-
C�1?
CUP
C_U4p
C449
and @Fal,,,,holiebeve
-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
without outdoor seating and with or without
CUP
SUP
CUP
CUP
CUP
AP
CUP
A.P
entertainment
With of withetit
a. oF without festatifaHt and with
b With Mid With
GULP
C-U-P
C-Lip
CUP
OF Witheat restaurant
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*
b. With it, t° .t„ „t and 41, on site
C-U-P
C-61?
EUP
CULP
C1:1?
E b. With drive -in or drive- through facilities (e44:-
site sale of a# alcoholic beverages from the drive -in
or drive - through facilities is prohibited) with or
without outdoor seating
CUP
CUP
CUP
CUP
CUP
�i02 6
ordinance No.
Page 15
000027
CPD
Zones
C -O
C -1
C -2
C -OT
M -1
M -2
I
C. OFFICE AND PROFESSIONAL USES
C -2
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
1. Banks and other financial institutions (if within
hundred 1 nn) feet zone`'
ZC
ZC
ZC
ZC
AP
AP
9fie ( of a fesidentially
2. Laboratories: research and scientific (if within
AP
ZC
ZE
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 17.20.0-230 'if w4hiH ° htifid" °a "00"
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, i .4hif one hufidfed (1"
b. With boarding indoors or outdoors
CUP
CUP
CUP
D. MANUFACTURING, ASSEMBLY, AND DISTRIBUTION
AND WAREHOUSING
USES
C -2
Zones
C -O
C -1
CPD
C -OT
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
000027
ordinance No.
Page 16
000028
CPD
Zones
C -O
C -1
C -2
C -OT
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 eondiiionai - perm4 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. sV- afehousitig, including sSelf- storage or mini-
CUP
CUP
storage when not located . Seif s'°~°^°
*efage s haII t be peFmitted on parcels adjacent to
Arterial Roads or Freeways as shown on the
Moorpark Circulation Element Highway Network
Map and with or without a caretaker dwelling
7. Warehousing
AP
AP
-7 8. Welding
AP
ZE
AP
is od)
m
E. PUBLIC AND SEMI - PUBLIC USES
C -2
Zones
GO
C -1
CPD
C -OT
M -1
M -2
I
1. Amusement and recreational facilities as defined
in Chapter 17.08
a. Arcades (video and computer) and cyber caf6s
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)
000028
Ordinance No.
Page 17
010029
CPD
Zones
GO
C -1
C -2
GOT
M -1
M -2
1
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
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 require
8. Places of religious worship
CUP
CUP
9. P-ublio Private education and facilities
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)
010029
Ordinance No.
Page 18
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
000030
CPD
Zones
C -O
C -1
C -2
C -OT
M -1
M -2
I
4-0 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
1 '', .240 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
C -O
C -1
CPD
GOT
M -1
M -2
I
wafehatis-e
3 1. Outdoor sales
CUP
CUP
CUP
CUP
CUP
CUP
3 2. Retail shops and services as listed in Table
AP
17.20.060(A)(22)L21_j when the uses are determined
by the community development director to be
ancillary to +4e office uses of the properly zene -(i€
a a i 100) feet + e 'a ti ,ii.
a--r
v�Zr[ rrr- vr��rtm'rcircc[- j-rv�r- r''v x : j
th
3. Motion picture and television production and
TUP
TUP
TUP
TUP
TUP
TUP
TUP
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 Chapter 17.28 and Title 5 of the Moorpark
Municipal Code
4. Temporary uses including, but not limited to
TUP
TUP
TUP
TUP
TUP
TUP
TUP
carnivals, Christmas tree sales, circuses, festivals,
and television pfedtietion, 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
000030
Ordinance No.
Page 19
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 (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.
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.
4
Ordinance No.
Page 20
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
afid eityeuneil 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 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
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,
Ordinance No.
Page 21
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 17.44.090 of the Moorpark Municipal Code is hereby
amended as follows:
Section 17.44.090 Appeals.
A. Authority to Appeal.
I . 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
0 0041 33
A
Ordinance No.
Page 22
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 any peFsefi to the plafiHiHg All actions of the planning commission
authorized by this title may be appealed by any person, including 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 e
with a eapy 4 the appeal `:led with 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. T-lie planning eaffifflission is the final atithefity an appeals of the eafiiffltiti4y-de,.,elepm@tit
aetions when + , ,a within the ti ffle lifni+s „+ ,.bgeetion (B) 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
*�
designated pefsen as speei4led above 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 (10th) 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.
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.
e, V, WO' '7' i