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HomeMy WebLinkAboutAGENDA REPORT 2005 1207 CC REG ITEM 08BMOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council rrEM 8 . B. CITY OF MOORPARK, CALIFORNIA City Council Meeting ACT10N: PA . L) to .331 FROM: Barry K. Hogan, Community Development Director By: Laura Stringer, Administrative Services ager DATE: November 23, 2005 (CC Meeting of 12/07/05) SUBJECT: Consider an Interim Urgency Ordinance Extending a Temporary Moratorium on Development in Non - Residential Zones of the Downtown Specific Plan Overlay Zone and on Decreased Parking Requirements in the Downtown Area BACKGROUND /DISCUSSION At the November 16, 2005 City Council meeting, the Council considered the extension of the Moratorium on development in non - residential zones of the Downtown Specific Plan Overlay Zone and on decreased parking requirements in the Downtown area. Extension of the Moratorium was recommended by staff for 22 months and 15 days or until October 1, 2007, the full extension allowed under law. After taking public testimony on the extension of the Moratorium the Council decided to extend the Moratorium until December 8, 2005, in order to allow for the full Council to consider a time extension beyond December 8, 2005. On November 23, 2005, the City issued a report describing the measures taken to alleviate the condition which led to the adoption of the interim ordinance (the "Ten (10) Day Report" (Attachment 2)). The report (with exhibits) was made available at the public counter at City Hall, on the City Website, and is also being distributed with the December 7, 2005 City Council meeting agenda reports.. At the Council meeting, concern was expressed regarding extending the duration of the Moratorium for the full 22 months and 15 days. The Council is authorized under state law to extend a temporary moratorium twice. If the first time extension is for less than one year the second time extension may be for only one year. Since the Council has already given 000031 Honorable City Council December 7, 2005 Page 2 one time extension, this extension would be the final extension allowed. Staff has prepared a draft Work Program for the Downtown Specific Plan Update (Attachment 4). The program includes two main components; development of background materials and amendment preparation, which includes creation of the development standards, environmental documentation and public hearings. Consultant assistance is anticipated in this Work Program along with a substantial commitment of planning staff time. A minimum on ten months are anticipated to complete these tasks. If adopted, the Ordinance (Attachment 3) would extend the temporary moratorium on development in non - residential zones of the downtown specific plan overlay zone and on decreased parking requirements in the downtown area for an additional twelve (12) months, or until December 7, 2006, allowing staff to conduct the necessary reviews and research identified in the November 16, 2005, City Council Agenda Report and the draft Work Program. STAFF RECOMMENDATION (ROLL CALL VOTE 4 /5TH AFFIRMATION) 1. Open the public hearing, take public testimony and close the public hearing. 2. Adopt Ordinance No. ATTACHMENTS: 1. November 16, 2005, and October 19, 2005 City Council Agenda Report (without attachments) 2. Report on the Measures Taken to Alleviate the Conditions Which Led the City to Extend the Interim Urgency Ordinance on November 16, 2005, (Ten (10) Day Report) 3. Ordinance 00 032 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Dire By: Laura Stringer, Administrative Service cto fager-4 DATE: November 4, 2005 (CC Meeting of 11/16/05) ' SUBJECT: Consider an Interim Urgency Ordinance Extending a Temporary Moratorium on Development in Non - Residential Zones of the Downtown Specific Plan Overlay Zone and on Decreased Parking Requirements in the Downtown Area BACKGROUND /DISCUSSION On October 19, 2005, the Moorpark City Council enacted an interim urgency ordinance (the "45 Day Ordinance ") to impose a temporary moratorium on development in non - residential zones of the downtown specific plan overlay zone and on decreased parking requirements in the downtown area. The City Council also directed staff to schedule and notice a public hearing for November 16, 2005, to consider extending the Interim Ordinance for an additional twenty -two (22) months and fifteen (15) days, or until October 1, 2007. On November 4, 2005, the City issued a report describing the measures taken to alleviate the condition which led to the adoption of the interim ordinance (the "Ten (10) Day Report" (Attachment 2)). The report (with exhibits) was made available at the public counter at City Hall, on the City Website, and is also being distributed with the November 16, 2005 City Council meeting agenda reports. If adopted, the Ordinance (Attachment 3) would extend the temporary moratorium on development in non - residential zones of the downtown specific plan overlay zone and on decreased parking requirements in the downtown area for an additional twenty -two (22) months and fifteen (15) days, or until October 1, 2007, allowing staff to conduct the necessary reviews and research identified in the October 19, 2005, City Council Agenda Report. CC ATTACHMENT 1 (;00033 Honorable City Council November 16, 2005 Page 2 STAFF RECOMMENDATION (ROLL CALL VOTE 4 /5TH AFFIRMATION) 1. Open the public hearing, take public testimony and close the public hearing. 2. Adopt Ordinance No. ATTACHMENTS: 1. October 19, 2005, City Council Agenda Report 2. Report on the Measures Taken to Alleviate the Conditions Which Led the City to Enact the Interim Urgency Ordinance on October 19, 2005, (Ten (10) Day Report) 3. Ordinance 0 00034 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry X. Hogan, Community Development Director Prepared By: David A. Bobardt, Planning Manager 2� DATE: October 14, 2005 (CC Meeting of 10/19/2005) SUBJECT: Consider an Interim Urgency Ordinance Making Findings and Establishing a Temporary Moratorium on Development in Non - Residential Zones of the Downtown Specific Plan Overlay Zone and on Decreased Parking Requirements in the Downtown Area. RArrr_RnrMn In 1998, the City enacted, via Ordinance 247, the Downtown Specific Plan Overlay Zone, currently codified in Municipal Code Chapter 17.72. Staff is now concerned with two aspects of the design guidelines and regulations for the non - residential zones of the Downtown Specific Plan, and is proposing a moratorium on development in the non - residential zones of the Downtown Specific Plan and on the use of reduced parking standards in the downtown area. This would allow for City Council to consider these concerns before additional building permits are issued. Dr9MTgt4TnM Quality of Design The first concern of staff is that, as the non - residential zones in downtown area evolve, the design guidelines and other standards in Chapter 17.72 of the Municipal Code may not ensure the quality of design anticipated when the Specific Plan was adopted. Without the reevaluation of these design guidelines and other standards, the City may miss a rare opportunity to encourage the development of a vibrant commercial district in its downtown core. Staff believes that the area could be better served if there were more clarity in the design guidelines and 00004-31 J Honorable City Council October 19, 2005 Page 2 stringent development requirements, and that a moratorium should be imposed until such guidelines and requirements can be enacted. Parking The second concern is that the downtown area will not have enough parking absent new regulations. City Municipal Code section 17.32.010 requires that for any "new uses and for enlargement of existing uses" an applicant provide parking based upon specific criteria. Generally, larger establishments are required to provide more parking than smaller establishments. Municipal Code Section 17.32.025, however, provides that new and enlarged uses in the "downtown area" (as defined in Section 17.40.020 of the Municipal Code) need meet only "one -half the standards required pursuant to Section 17.32.010." In addition, these uses can buy out of their parking requirement through payment of an in -lieu fee. Staff is concerned that the continuation of the special treatment for the downtown area may be detrimental to the downtown area as a whole, as it will exacerbate the future insufficiency of parking. Moratorium Implications Pursuant to Government Code § 65858, with a 4/5 vote, the City Council may enact the attached interim urgency ordinance, which would place a 45 -day moratorium on issuance of discretionary permits (i.e. variances, conditional use permits, administrative permits, planned development permits, etc.) in the non- residential zones of the Downtown Specific Plan and also a moratorium on the use of the parking reduction permitted for the downtown area. There are various reasons that the City may consider enacting such a moratorium. First, the City will need time to complete factual research, and to recommend actions based upon that research. Specifically, the City will need time to determine the potential effects of such enactments upon property owners, the effect upon the public, the extent to which new design guidelines, development standards, and more stringent parking requirements are necessary, and whether such new regulations could cause an undue burden upon the property owners within the Overlay Zone. Additionally, once the factual research is completed, staff will need time to prepare any special plan amendments, ordinance, or Honorable City Council October 19, 2005 Page 3 other such enactment. In addition, time is also needed to prepare and notice any potential general plan amendments, specific plan amendments, ordinances, and /or City Council meetings. The City Council would also need time to deliberate on potential amendments. Second, the City would need time to complete legal research, and to recommend actions based upon the legal conclusions reached. For example, the City will need to complete a thorough review of the Downtown Specific Plan Overlay Zone, and to determine whether the various amendments contemplated might have additional impacts on other matters. City staff would need time to prepare any recommendations relating to necessary amendments. The City Council would need time to deliberate on any potential findings or recommended actions. Under state law, an initial moratorium may be adopted by a 4/5 vote of the Council, but can only last for 45 days. Thus, if adopted, this initial ordinance would terminate on Saturday, December 3, 2005. If the City staff is not able to recommend a course of action to the City Council prior to December 3, 2005, prior to that date, the staff will present to the City Council an ordinance to allow the City Council to extend the moratorium for as long as it deems necessary, as long as the moratorium does not extend for a period longer than an additional 22 months and 15 days. Prior to adoption of such. an extension ordinance, there must be a public hearing. Staff would not be able to complete the recommended work prior to the expiration of this initial moratorium. However, a schedule and recommendation on extension could be provided prior to the end of the 45 days. STAFF RECOMMENDATION (ROLL CALL VOTE 4/5' AFFIRMATION) 1. Adopt Interim Ordinance No. ; and 2. Schedule and notice a public hearing for November 16, 2005, to extend the Interim Ordinance. Q OOe37 REPORT ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED THE CITY TO EXTEND THE INTERIM URGENCY ORDINANCE ON NOVEMBER 16, 2005 Background On October 5, 2005, pursuant to Government Code § 65858, the Moorpark City Council enacted an interim urgency ordinance (the "45 Day Ordinance ") to impose a moratorium on the use of decreased downtown parking requirements and on all proposed discretionary land use approvals in the non - residential zones of the downtown specific plan overlay zone. On November 16, 2005, the City Council adopted an urgency ordinance to extend the 45 Day Ordinance until December 8, 2005, the day after the December 7, 2005 City Council Meeting (the "First Extension Ordinance "). At the December 7, 2005 City Council meeting, the City Council will consider whether to further extend the 45 Day Ordinance. The proposed ordinance (the "Second Extension Ordinance ") would extend the moratorium for an additional 1 year beyond December 7, 2005 (until December 7, 2006). Reasons for the 45 Day Ordinance and the First Extension Ordinance The Second Extension Ordinance, if adopted, would be adopted for the same reasons that the City originally adopted the 45 Day Ordinance and the First Extension Ordinance, as those reasons are still accurate. The 45 Day Ordinance and the First Extension Ordinance were adopted for various reasons, including: • The City's Downtown Specific Plan Overlay Zone ( "Overlay Zone "), created in 1998 and codified at Municipal Code Chapter 17.721, no longer fully reflects the needs of the public. Since that time, the actual uses within the City have changed, and the public 1 The statutes which comprise Municipal Code Chapter 17.72 are attached collectively hereto as Exhibit "A." CC ATTACHMENT 2 0 00CCS REPORT ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED THE CITY TO EXTEND THE INTERIM URGENCY ORDINANCE ON NOVEMBER 16, 2005 Page 2 desires and needs have changed along with the actual changes. o The City is currently considering revising the Overlay Zone to more fully reflect these needs. There are numerous requirements that the City is considering amending. For example, the new Overlay Zone might have substantially different design guidelines and more stringent development requirements, different parking standards, and different maps. These are just some of numerous changes that are being considered. o If the City had continued to approve additional subdivisions, use permits, variances, building permits, or any other applicable entitlements consistent with the current requirements of the Overlay Zone, each new entitlement would be granting a right to use property in a manner which does not accurately reflect the needs and wants of the public. As such, if the City had not enacted the moratorium, all new entitlements granted within the Overlay Zone would have created a current and immediate threat to the public health, safety and welfare. • A second major method to foster a vibrant downtown area is to ensure the existence of a sufficient number of parking spaces. o Section 17.32.010 of the City's Municipal Code establishes the minimum parking standards for any new use and for the enlargement of any existing use.2 Municipal Code Section 17.32.025, however, indicates that parking in the downtown area need meet only one half of the standards required by Section 17.32.010.3 o Permitting development to occur in the downtown area without sufficient parking was a current and immediate threat to the public health, safety and 2 Municipal Code Chapter 17.32.010 is attached hereto as Exhibit "B." 3 Municipal Code Chapter 17.32.025 is attached hereto as Exhibit "C." 0 00(1 REPORT ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED THE CITY TO EXTEND THE INTERIM URGENCY ORDINANCE ON NOVEMBER 16, 2005 Page 3 welfare. If there is insufficient parking, drivers will spend more time driving to look for parking. This, in turn, will create additional traffic, create more pollution, decrease emergency response times, and lessen the overall enjoyment and usability of the downtown area. If the City had failed to address these issues by imposing this moratorium, these threats to the public health, safety and welfare would have become reality. o The City intends to study whether to and to what extent the parking requirements in the downtown area should be revised. o Any new development in the Overlay Zone which is either residential in character or is a non - discretionary permit, will not conflict with currently contemplated amendments, because the City is not currently considering amending the Overlay Zone in that manner. However, all other proposed new or expanded uses in the Overlay Zone may be in conflict with contemplated changes to the Overlay Zone. o Any reliance on the parking requirements within Municipal Code 17.32.025 would also conflict with the potential new regulations. Measures Taken to Alleviate the Conditions Which Led to the Adoption of the 45 Day Ordinance and the First Extension Ordinance Thus far, the City has taken several steps to perform a detailed Downtown land use study to alleviate the conditions which led to the adoption of the 45 Day Ordinance and the First Extension Ordinance. The City has: • Begun to create a database which will ultimately be used to create a computerized map which incorporates GIS technology; 0 000' 0 REPORT ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED THE CITY TO EXTEND THE INTERIM URGENCY ORDINANCE ON NOVEMBER 16, 2005 Page 4 • Rearranged staff assignments to perform a land use study of the area regulated by the overlay zone; • Held staff meetings to determine how to improve the development standards in the Specific Plan; • Held staff meetings to determine how much parking would be required in the downtown area where that parking would be located and how the Specific Plan should be revised; and • Taken photographs of other downtown areas to use as examples of potential architecture and design features to incorporate in the downtown commercial area.' Duration of the Second Extension Ordinance If adopted by the City Council, the Second Extension Ordinance would cause the moratorium on issuance of entitlements relating to the use of decreased downtown parking requirements and on all proposed discretionary land use approvals in the non- residential zones of the downtown specific plan overlay zone to be extended until December 7, 2006. Given the number of changes that must be made to the Overlay Zone and the planning required to resolve the problems addressed, it may take a substantial period of time for City staff to perform the necessary planning and to craft appropriate amendments to the law to meet the City's needs. Because the City Council may repeal the Second Extension Ordinance at any time, the Second Extension Ordinance has been drafted to extend for the maximum time permissible under Government Code section 65858, with the understanding that once appropriate regulations can be drafted, the City Council may repeal the Second Extension Ordinance. By law, the City cannot enact a third ordinance to further extend the 45 Day Ordinance. Exhibi is 4 Copies of these photographs are attached hereto collectively as Exhibit "D." REPORT ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED THE CITY TO EXTEND THE INTERIM URGENCY ORDINANCE ON NOVEMBER 16, 2005 Page 5 A. Municipal Code Chapter 17.72 B. Municipal Code Chapter 17.32.010 C. Municipal Code Chapter 17.32.025 D. Photographs of other downtown design features area architecture and Q00C402 EXHIBIT A 000043 City of Moorpark Municipal Code Chapter 17.72 17.72.010 Purpose. The development standards and design guidelines for downtown Moorpark are intended to reinforce building character and establish design criteria for all new buildings, renovated buildings, and remodels. (Ord. 247 § 1 (part), 1998) 17.72.020 Terms and definitions. Words and terms used within the downtown specific plan and overlay zone shall have the same meaning and definition as given within the Moorpark municipal code, including Chapter 17, zoning ordinance and the city general plan. (Ord. 247 § 1 (part) , 1998) 17.72.030 General provisions. The provisions of the downtown specific plan overlay zone apply to properties in the downtown specific plan area and supplement the other regulations of the zoning ordinance. The specific plan development standards and design guidelines are consistent with, and further, the city zoning ordinance. In such cases where the specific plan development standards and zoning code standards conflict, the specific plan development standards shall apply. (Ord. 247 § 1 (part), 1998) 17.72.040 Review procedures. Design review procedures identified within the downtown specific plan shall apply to any private or quasi - public parcel or building within the specific plan area. Design review is generally required for all new construction, exterior modifications, and substantial remodels to existing buildings, single and multifamily residences, parking lots and exterior pedestrian areas. Design review occurs in conjunction with the respective entitlement process which is governed by Chapter 17.44 of the city's zoning ordinance. In addition to the city's zoning ordinance, projects must comply with the standards provided in the specific plan. Projects shall comply with the standards set forth in this 0000rill district, the specific plan and the existing zoning designation. (Ord. 247 § 1 (part), 1998) 17.72.050 Design and landscape guidelines. The design guidelines contained within the downtown specific plan are intended to reinforce building character, and establish design criteria for all new buildings, renovated buildings, and remodels. The guidelines should be used in conjunction with the downtown vision plan (Section 1.1 of the downtown specific plan), and are intended to provide property owners, merchants, and their designers with the basic design criteria. follows: A. Goals of the Development Standards and Design Guidelines. The goals of these development standards and design guidelines are as follows: 1. Establish a hierarchy of building types in the downtown area utilizing a landmark building designation to identify special and important places; 2. Provide basic design recommendations for all buildings in the downtown promoting design creativity, and variation while insuring consistency in building scale, proportion and pedestrian orientation; 3. Establish clear and usable standards, guidelines and criteria; 4. Protect and enhance historical architectural buildings and utilize historical building forms and styles to create future buildings. B. The design guidelines and landscape guidelines should be considered in conjunction with the development standards. (Ord. 247 § 1 (part), 1998) 17.72.060 Single- family residential (R -1). A. Site Development Standards. 1. Land Use and Permitted Uses. The single - family residential designation is intended to accommodate single - family home developments on varying sized parcels, while preserving hillside landforms and historic weave of the neighborhood character. This land designation allows for second dwelling units when an administrative permit has been secured in accordance with zoning code Section 17.28.020(G). Secondary dwellings are not encouraged on small to medium 010 ocels sized lots. Land uses shall be permitted as designated in Table 17.20.050 of the zoning code. 2. Density. Existing land use patterns in the single density residential areas of the plan are characterized by both developed and undeveloped parcels that range from six thousand (6,000) square feet to greater than one (1) acre in size. A number of parcels north of Everett Street and along Valley Road are located in hillside areas with slopes in excess of twenty (20) percent, making them subject to hillside management development requirements. The maximum density for the single- family residential area is four (4) to six (6) units per acre. 3. Building Setbacks. Building setbacks in the single - family residential zone shall conform to the following standards, with setback intrusions permitted only as described in Section 17.24.060A of Title 17 of the Moorpark zoning code, including setback requirements for detached accessory structures. Section 17.24.070 shall determine the extent of any other miscellaneous setback requirements. YARD SETBACKS Front From main house Minimum 20 feet From front porch Minimum 14 feet Side Interior lot Minimums feet Corner lot street side Minimum 10 feet Rear Minimum 15 feet 4. Height. a. For the primary structure, the maximum height is twenty - five (25) feet; measured from finish grade to the highest point of a flat or mansard roof, or in the case of pitched or hip roof, to the "averaged midpoint" which is the average of the highest point on the roof with the top of the finished wall height. b. The maximum height for an accessory structure is fifteen (15) feet. The maximum height of a patio cover or second story deck (excluding rail height) shall be twelve (12) feet. Exceptions to building height may only be permitted in accordance with Section 17.24.080 of Title 17 of the Moorpark municipal code. 5. Second Dwellings and Building Additions. a. Second dwellings are permitted on lots that are ten thousand eight hundred ninety (10,890) square feet (1/4 acre) or larger in size. For lots ten thousand eight hundred ninety (10,890) square feet (1/4 acre) to twenty -one thousand seven hundred eighty (21,780) square feet (1/2 acre) -- a second dwelling unit shall not exceed eight hundred (800) square feet. These units may be located over garages. All secondary structures and building additions /expansions should complement the existing structure in form, massing, building materials and architectural character. b. The maximum size of the second dwelling shall be limited to the following lot size limitations: LOT SIZES SECOND DWELLING FLOOR AREA 1/4 acre - 1/2 acre 800 sq. ft.* (10,890 - 21,780 sq. ft.) * Per City of Moorpark Zoning Code. i. The planning commission may authorize exceptions to the standards by use permit upon finding that (1) the purpose of this section is served (2) strict compliance with the size limitations would (a) require significant structural modifications that would not otherwise be required, or (b) adversely affect an historic or architecturally significant building. ii. Either the primary unit or the second unit must be owner - occupied. iii. Accessory buildings shall not be located in front setback areas between the main structure and the public street. iv. The style material and color of accessory buildings visible from public streets shall be the same or substantially consistent with the main structure. v. In the case of carport design: (A) Materials and colors shall be the same as the main building, (B) Where carports back up to public streets or alleys, provide rear carport walls to screen cars, (C) Include facias in carport roof design to screen support beams and trusses, (D) Roof design should be compatible with the main structure. 6. Maintenance and Renovation. A. Quality maintenance of existing buildings and parcels, combined with gradual progression in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in 0000A�7 Section 2.3.1 to 2.3.2 of the downtown specific plan apply to the single - family residential designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. (Ord. 247 § 1 (part), 1998) 17.72.070 Two - family residential (R -2). A. Site Development Standards. 1. Land Use and Permitted Uses. The two - family residential designation is intended to accommodate duplex and secondary dwelling units in addition to single- family residential development. This land designation allows for second dwelling units in accordance with Chapter 17.20 of the zoning code. Land uses shall be permitted as designated in Table 17.20.050 of the zoning code. 2. Density. Existing land use patterns in the two- family residential areas of the plan are characterized by mostly developed parcels that range from six thousand (6,000) to eight thousand (8,000) square feet in size. These parcels face onto Flory Avenue and have alley access along their western boundary, adjacent to the office zone. The maximum density for the two - family residential area is four (4) to six (6) units to the acre. The minimum site area per dwelling unit is three thousand five hundred (3,500) square feet. 3. Building Setbacks -- Two - Family (R -2). Setbacks for the two - family residential designation shall comply with the setbacks for the single- family residential designation contained in Section 17.72.060(A)(3). 4. Height. Height requirements for the two - family residential designation shall comply with the height requirements for the single- family residential designation contained in Section 17.72.060(A)(4). 5. Second Dwellings and Building Additions. Second dwellings and building additions for the two - family residential designation shall comply with the second dwellings and building additions for the single- family residential designation contained in Section 17.72.060(A)(5). 6. Maintenance and Renovation. Maintenance and renovation for the two - family residential designation shall comply with the maintenance and renovation for the single- family 00003 residential designation contained in Section 17. 72.060(A)(6). B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. (Ord. 247 § 1 (part), 1998) 17.72.080 Residential planned development (R -PD). A. Site Development Standards. The residential planned development category is intended to provide small lot single- family and attached housing: townhouses, condominiums and apartments. These units should be well articulated as individual or collective units, and act as a transition between single- family residential and the old town commercial zone. Buildings shall be generally oriented toward the street with parking courts located behind. 1. Land Use and Permitted Uses. The residential planned development designation is intended to allow for a wide range of residential development products as a primary use, with limited office as a secondary use. The range of residential density that is covered by this specific plan designation is inclusive of both the high density (seven (7) units to the acre) and very high density (fourteen (14) units to the acre) general plan land use designations. A fifteen (15) unit density allocation applies only to the developed property east of Spring Road between High Street and Charles Street. Permitted uses in the R -PD zone are designated in Table 17.020.050 of the city zoning code. 2. Density. The majority of the existing land use pattern in the residential planned development areas of the plan are characterized by lots that are in the seven thousand (7,000) to eight thousand (8,000) square foot range. There are some lots which are sixteen thousand (16,000) square feet or greater in size that occur where smaller lots have been combined, or a single cohesive development has occurred (as with the senior housing project at Magnolia and Charles Streets). The density maximums within the residential planned development area have been designed to encourage lot consolidation and redevelopment of underdeveloped or declining properties. The maximum permissible density for the residential planned development area ranges from seven (7) to fourteen (14) units to the acre and up to twenty (20) 000CP1 units /acre should low /very low or senior housing be built. (Refer to Section 17.72.150 for explanation and density standards contained within the lot consolidation incentive and the building renovation programs). The specific plan RPD district allows a second dwelling on residential zoned lots as permitted by the city zoning code Chapter 17.28.020(G)(C). 3. Building setbacks -- Residential planned development (R- PD) . YARD SETBACKS (from property line) Front Main House Minimum 20 feet Front Porch Minimum 14 feet Side Interior Lot Minimum 10 feet Corner lot street side Minimum 20 feet Rear As determined on project by project basis* * Shall be adequate to provide buffering from incompatible adjacent land uses. 4. Height. The maximum height is thirty -five (35) feet; measured from finish grade to the highest point of a flat or mansard roof, or in the case of pitched or hip roof, to the "averaged midpoint" which is the average of the highest point on the roof with the top of the finished wall height. There is a three (3) story maximum on main structures. 5. Accessory Structures and Building Additions. Generally, secondary structures and building additions /expansions should complement the existing structure in form, massing, building materials, and architectural character. However, if the existing structure is already not in keeping with the design characteristics established by this section, compatible materials and architecture may create an even larger design compatibility gap. The programs and standards contained in Section 17.72.160 are designed to encourage and guide building additions and renovations towards agreement with the design characteristics established within the specific plan. 6. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels, combined with gradual progression in meeting design goals for this land use designation are encouraged. To this end, the maintenance U000�0 guidelines and incentives outlined in Section 2.3.1 to 2.3.3 of the downtown specific plan apply to the residential planned development designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. (Ord. 247 § 1 (part), 1998) 17.72.090 Office (C -O). A. Site Development Standards. 1. Land Use and Permitted Uses. Existing land uses in this district are a mixture of office complexes, some retail uses and small single and two - family bungalow style residences. There are a number of existing auto retail /service uses along Moorpark Avenue which are existing legal non- conforming uses. These uses may continue as nonconforming uses in accordance with Section 2.3.2 of the downtown specific plan. This district is intended to provide opportunity for conversion of existing residences to small professional and commercial offices, while preserving residential scale, and respecting the existing historic character of the neighborhood. Innovative re -use of existing structures is encouraged. All new office construction and remodels should be done so as not to detract from the existing character of the neighborhood, particularly with regard to historic characteristics. Public institutional uses are intended to be allowable with an administrative permit within the office zone. Additionally, parks are permitted in the office zone, which would enable park development such as the concept discussed in Section 3.3.6 of this plan. Land uses in the C -0 zone shall be permitted as designated in Table 17.020.050 and 17.020.060 of the city zoning code. 2. Building Setbacks. The following table indicates the minimum building setbacks in the office (C -0) zone. The front and side setbacks are consistent with the R -P -D zone provisions in the Moorpark zoning code. (Refer to the city zoning code for more detailed descriptions and exceptions). YARD SETBACKS Front From Arterial Streets Minimum 20 feet (Spring Road, Los 0000511 Angeles Avenue) Average 24 feet Local and Collector Streets (First, Second, Third, Charles, Walnut, Bard, Magnolia Streets, and Moorpark Avenue) Minimum 20 feet Side Interior yard Minimum 5 feet Rear -- Adjacent to Residential Zones From property line Minimum 15 feet From alley Minimum 5 feet Rear -- Adjacent to Commercial Zones From property line or alley As determined by permit 3. Height. The maximum height for an office structure shall be thirty -five (35) feet, and no more than three stories high. The maximum height of accessory structures such as garages shall be fifteen (15) feet with the exception that the maximum height of a patio cover shall be twelve (12) feet. 4. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in Section 2.3.1 to 2.3.3 of the downtown specific plan apply to the office designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. (Ord. 247 § 1 (part), 1998) 17.72.100 Old town commercial (C -OT). A. Site Development Standards. 1. Land Use and Permitted Uses. This area is characterized by commercial buildings which are rooted in the framework of Moorpark's agricultural business and rural heritage. This district is intended to attract a wide range of specialty retail, service and entertainment uses that will encourage 0000,52 public gathering and pedestrian activity. The introduction of outdoor paseos and courtyards as part of the street experience is encouraged. Refer to Table 4 in Section 2.1 for the permitted uses within the old town commercial zone. 2. Building Setbacks. Buildings should be located along the street right -of -way inside property lines. This will create a strong edge for storefronts and public sidewalks. Setbacks from street right -of -ways are permitted only when providing areas for benches, planters or pedestrian plazas. The following are the setback requirements that apply to new and renovated structures in the C -OT zone. These requirements vary from other commercial zone landscaping and setback requirements. YARD /AREA SETBACKS Front None Side Parking Lots None Parking Lots From right -of -way to parking lot Minimum 6 feet Notwithstanding the setbacks noted above, new development shall be consistent with Table 17.24.020B of the city's zoning code, which requires a thirty (30) foot landscape setback from arterials and a twenty (20) foot landscape setback from two -lane local and rural collector roads. 3. Height. The maximum building height is thirty -five (35) feet; measured from finish grade to the highest point of a flat or mansard roof, or in the case of pitched or hip roof, to the "average and midpoint," which is the average of the highest point on the roof with the top of the finished wall height. • Architectural elements such as towers, chimneys, parapet walls, and flagpoles may have a maximum height of forty (40) feet. • Corner buildings should be a minimum of two (2) stories high. 4. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in Section 2.3.1 to 2.3.3 of the 0000 5 3 downtown specific plan apply to the old town commercial designation. 5. Mixed Use Development. A mixed commercial- residential use project is a project in which commercial uses will occupy the entire street level of a building or group of buildings, and residential uses will occupy portions or all of the upper floors of that same building(s). The intent of allowing for mixed -use projects in the old town commercial district is to provide continuous frontage of retail shops and commercial business establishments at the street level, while providing opportunities for downtown residential living. The following requirements shall apply to these mixed -use projects: a. The primary use shall be commercial and the residential use shall be secondary to the commercial use of the property. b. The street level of the commercial structure shall be utilized for commercial uses and not for parking. c. The entire ground floor or street level, with the exception of circulation access, shall be used exclusively for retail and other commercial uses and no dwelling shall be permitted to be located in whole or in part on the ground floor or street level. d. All parking spaces required by the residential use shall be required to be provided on -site. Parking spaces to serve the residential units shall be specifically designated and shall be reserved for the exclusive use of the residents, but not to dominate a street level storefront. e. Where a project consists of more than ten (10) units, the project shall be clustered in two (2) or more buildings to reduce building mass and create architectural interest. f. Wall planes for buildings shall have design articulation consistent with the design standards set for all buildings in the old town commercial district. g. Direct access for parking areas and driveways is discouraged along High Street. Access for parking and driveways shall be taken from adjoining alleys or alternative streets when available. If a parking area or driveway cannot be designed to avoid access from High Street the driveway and parking area shall not occupy more than forty (40) percent of the lot frontage, leaving the majority of the lot width for commercial store front development. h. Driveway access to parking shall be taken as close to a side lot line as is feasible, rather than from the middle of the lot frontage. i. Additions to existing buildings shall be designed to be integrated with the existing building. The new addition 0C)OCS.4 should match the original in terms of scales, architectural details, window and door styles and openings, roofline, materials, color and other aspects of design. j. where a large addition is developed the entire building should be renovated to achieve a single, coordinated appearance. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. (Ord. 247 § 1 (part), 1998) 17.72.110 Neighborhood commercial (C -1). A. Site Development Standards. 1. Land Use and Permitted Uses. These development standards and design guidelines apply to the neighborhood commercial zone outlined in Figures 5 and 6 within the specific plan. This zone is located on the west and east side of Moorpark Avenue, between First and Third Streets. This zone is adjacent to an office zone, old town commercial, and general commercial zoning. Due to its proximity to this wide variety of land uses, these design standards and subsequent guidelines strive to blend the building character of the neighborhood commercial zone with the surrounding established neighborhoods. This area is characterized by small scale shopping facilities which are intended to provide a range of goods and services that cater to the convenience needs of residents in the immediate neighborhood vicinity. The scale of development and the commercial uses permitted in this district are not intended to be oriented to a community or regional need. Refer to Table 17.20.060 of the city's zoning code which contains the permitted uses within the C -1 zone. 2. Building Setbacks. The following table indicates the minimum setbacks in the neighborhood commercial zone. The front setback is consistent with the commercial zone landscaping provisions in the Moorpark zoning code: the side setback requirements are consistent with the R -1 zone provisions but differ from the commercial zone landscaping provisions in the Moorpark zoning code; while the rear setback is unique to the downtown specific plan. (Refer to the city zoning code for more detailed descriptions and exceptions). 00005 BUILDING SETBACK Front Minimum 20 feet Side Corner lot Minimum 5 feet Side Interior lot adjacent to Residential zone Minimum 5 feet Interior lot As specified by permit Rear -- Adjacent to Residential Zones From property line Minimum 15 feet From alley Minimum 3 feet Rear -- Adjacent to Commercial Zones From property line or alley As determined by permit 3. Height. The maximum height for a neighborhood commercial structure shall be thirty -five (35) feet and no more than three stories high. 4. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in Sections 2.3.1 to 2.3.3 of the downtown specific plan apply to the neighborhood commercial designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. (Ord. 247 § 1 (part), 1998) 17.72.120 Commercial planned development (C -PD). A. Site Development Standards. 1. Land Use and Permitted Uses. Existing uses in these areas are the Metrolink rail station, a gas station and various small developed commercial buildings. This district will continue to accommodate this mix of land uses. Permitted uses in the C -PD zone can be referenced in the city zoning code Table 17.20.060. 2. Building Setbacks. The following table indicates the minimum setbacks in the commercial planned development zone. The front and side setbacks are consistent with the R -1 zone Q00(11 SAO G provisions in the Moorpark zoning code, while the rear is unique to the downtown specific plan. (Refer to the city zoning code for more detailed descriptions and exceptions). BUILDING SETBACK Front To be consistent with Table 17.24.020B of Title 17 of Municipal Code Side Corner lot Minimum 5 feet Side Interior lot adjacent to Residential zone Minimum 5 feet Interior lot As specified by permit Rear -- Adjacent to Residential Zones From property line Minimum 15 feet From alley Minimum 2 feet Rear -- Adjacent to Commercial Zones From property line or alley As determined by permit 3. Height. The maximum height for a commercial planned development structure shall be thirty -five (35) feet and no more than three stories high. 4. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives outlined in sections 2.3.1 to 2.3.3 apply to the neighborhood commercial designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. (Ord. 247 § 1 (part), 1998) 17.72.130 Institutional M. A. Site Development Standards. 1. Land Use and Permitted Uses. This area provides for the uses in the existing civic center, as well as other public facilities which include: government buildings, libraries, 0 0©0x7 fire stations, nonprofit status organizations, and community service oriented uses. Permitted uses in the I zone can be referenced in the city zoning code Table 17.20.050 and 17.20.060. 2. Building Setbacks. The following table indicates the minimum setbacks in the institutional zone. The front and side setbacks are consistent with the R -1 zone provisions in the Moorpark zoning code, while the rear is unique to the downtown specific plan. (Refer to the city zoning code for more detailed descriptions and exceptions). BUILDING SETBACK Front Minimum 20 feet from Moorpark Avenue. As determined by permit. Side Corner lot Minimum 5 feet Side Interior lot adjacent to Residential zone Minimum 5 feet Interior lot As specified by permit Rear -- Adjacent to Residential Zones From property line Minimum 15 feet Rear -- Adjacent to Commercial Zones From property line or alley As determined by permit 3. Height. The maximum height for an institutional structure shall be thirty -five (35) feet and no more than three (3) stories high. 4. Building Maintenance and Renovation. The public facilities in this district would continue to be maintained by the city and county. Future expansions should be consistent with the design guidelines established within this section. The location of other public uses within the downtown is encouraged and building maintenance will be provided by individual public agencies and owners. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. (Ord. 247 § 1 (part), 1998) 000CS 17.72.140 Industrial Park /Light Industrial (M -1). A. Site Development Standards. 1. Land Use. The existing development in this zone, where it is adjacent to the railroad right -of -way is characterized by a number of small industrial uses housed in a long narrow metal warehouse. Due to the narrow lot dimension and its proximity between existing residential single family homes and the railroad tracks, the lot has limited alternative use potential. Ultimately, improved access could be provided through a connection to the westerly Metrolink parking lot. In addition to the core planning area, light industrial uses are planned for in the area east of Spring Road, between Los Angeles Avenue and the railroad tracks. This area is characterized by an existing mixed light industrial complex fronting High Street east of Chuey's restaurant. This district is intended to accommodate small scale, low traffic demand, clean industrial service oriented uses which are compatible with adjoining commercial and residential areas. Permitted uses in the (M -1) zone as listed in the Moorpark zoning code. 2. Building Setbacks. The following table indicates the minimum setbacks in the M -1 zone. The front and side setbacks are consistent with the R -1 zone provisions in the Moorpark zoning ordinance, while the rear is unique to the downtown specific plan. (Refer to the city zoning ordinance for more detailed descriptions and exceptions). BUILDING SETBACK Front Consistent with Table 17.24.020B of Title 17* Side Corner lot Minimum 5 feet Side Interior lot adjacent to Residential zone Minimum 5 feet Interior lot As specified by permit Rear -- Adjacent to Residential Zones From property line Minimum 15 feet From alley Minimum 2 feet Rear -- Adjacent to Commercial Zones From property line or alley As determined by permit 0 0003 * Requires 30 -foot landscaped setback from arterials and a 20 -foot landscaped setback from two -lane local and rural collectors. 3. Height. The maximum height for an industrial park structure shall be thirty -five (35) feet and no more than three (3) stories high. 4. Building Maintenance and Renovation. Quality maintenance of existing buildings and parcels, combined with progress in meeting design goals for this land use designation are encouraged. To this end, the maintenance guidelines and incentives as well as the building restoration guidelines outlined in Sections 2.3.1 to 2.3.3 of the downtown specific plan apply to the industrial park designation. B. The design guidelines and landscape guidelines contained in the downtown specific plan for this designation should be considered in conjunction with the vision statement contained in Section 1.1 of the downtown specific plan and the site development standards contained in this chapter. (Ord. 247 § 1 (part), 1998) 17.72.150 Lot consolidation incentive program. In the high to very high density residential areas of the specific plan, the density maximums have been designed to encourage lot consolidation and redevelopment of underdeveloped or declining property. The maximum permissible density for the high to very high density residential area ranges from seven (7) to fourteen (14) units to the acre. A. Where a range for density is indicated (as in RPD 7 -14U) the fourteen (14) unit density maximum is only obtainable when certain performance standards are met. The performance standards are tied to desired land use patterns and character for the high density residential neighborhoods. The density bonus is intended as an incentive to attain that desired neighborhood characteristic. The potential resulting number of units per lot, in relation to lot size, is illustrated on Table 17.72.150A (density threshold comparison by lot size). Table 17.72.150B outlines the performance standards that are required to achieve the desired maximum permitted density. The lot consolidation program is intended to encourage lot consolidation of multiple parcels and does not promote small duplexes or inappropriately scaled two -story residences. Hence, the performance criteria rewards additional density for the 000000 successful consolidation of lots equal to twenty -one thousand seven hundred eighty (21,780) square feet at minimum. At such time as renovation occurs, the base zoning of the parcel should be modified to reflect the appropriate earned increase in density (e.g. RPD 7U to RPD 14U). The department of community development will administer this base density tracking. Further, Table 17.72.150B requires certain findings be made by the planning commission in order to permit the density increase. These findings are described as follows: B. Findings for increased density up to fourteen (14) units to the acre: 1. The project is consistent with the spirit and intent of the city's general plan and specific plan goals and policies for the downtown. 2. The project is consistent with the combined development standards of the city's zoning code and the downtown specific plan. 3. The project has incorporated design measures which render the project compatible with existing and planned surrounding land use and development. 4. The project would not be obnoxious or harmful, or impair the utility of the neighboring property or uses. 5. The project would not be detrimental to the public interest, health, safety, convenience or welfare. 6. The density increase beyond seven (7) units to the acre is supported by the project through incorporating one or more of the design characteristics listed below which will result in greater community benefit as circumscribed in the downtown specific plan. a. The project has a minimum lot size of twenty -one thousand seven hundred eighty (21,780) square feet or greater. b. The project will significantly remodel /renovate an existing residential structure that currently does not meet design standards established by the specific plan, and will in turn incorporate physical building and site improvements that are consistent with the design standards for the high to very high residential land use designation within the specific plan. 7. The project has demonstrated the use of innovative site planning and has designed the multiple units to be compatible with each other, the surrounding single- family residential neighborhood, and maintain an overall cohesive appearance. TABLE 17.72.150A DENSITY THRESHOLD COMPARISON BY LOT SIZE 00®0GI DENSITY PER �LOT SIZE ---- 160)NSOLIDATED BY LOT SIZE ACRE I * Requires provision of inclusionary low/very low or senior housing within project. TABLE 17.72.150B DENSITY BONUS CRITERIA IDENSITY ;DESIGNATION �KIMUM FDMNSITY [7,000 SF OR 21,780 SF 000 SF OR �minimum lot size 3 ESS IMORE specifications of 000 SF net M?,XIMUM NUMBER OF (minimum lot size UNITS specific plan RPD 7 -14U* /ACRE !Same as RPD-7U 1 PERMITTED 7 DU/ACRE the zoning code, a 1 1 1 12 DU/ACRE 2 16 !8 �18DU14 DU/ACRE �2 Ion 17 19 1 /ACRE* 13 senior housing. 1 9 112 * Requires provision of inclusionary low/very low or senior housing within project. TABLE 17.72.150B DENSITY BONUS CRITERIA IDENSITY ;DESIGNATION �KIMUM FDMNSITY PERFORMANCE CRITERIA !Must meet 7-U 7/ACRE �minimum lot size development specifications of 000 SF net the zoning code and (minimum lot size specific plan RPD 7 -14U* /ACRE !Same as RPD-7U 00000 12/ACRE 21,000 SF net �minimum lot size 000 SF net (minimum lot size as RPD-7U !'DENSITY BONUS ;UP TO 18/ACREIConsistent with !Chapter 17.64 of the zoning code, a 1 25% density bonus ;may be added to the permitted base !density when a project qualifies Ion criteria ;associated Ilow/very with low income lor senior housing. 00000 * Density beyond 7DU /Acre is permitted only when one or more of the performance standards associated with each density cap has been met through project design, and the planning commission makes the findings contained in this section before approving a project. (Ord. 247 § 1 (part), 1998) 000003 EXHIBIT B QOOCC /l City of Moorpark Municipal Code Section 17.32.010 Parking. Parking spaces for new uses and for enlargements of existing uses shall be provided in the quantities specified below. The director of community development shall have the authority to determine the parking requirements for any use not specifically listed herein, based on the requirements for the most comparable use specified herein. Parking spaces in addition to the number indicated below may be required for any use by the terms of a discretionary permit. A. Agriculture: buildings for the packing or processing of agricultural products: one (1) space per five hundred (500) square feet of gross floor area; B. Art galleries: see libraries; C. Automobile repairing: one (1) space per one hundred fifty (150) square feet of gross floor area; D. Automobile sales and rental lots: one (1) space for each two thousand (2,000) square feet of display area; E. Automobile service stations: one (1) space for each pump island and service bay (pump island and service bay areas shall not be counted as parking spaces); F. Bars and taverns: see restaurants; G. Boardinghouses, bed - and - breakfast inns and the like, having sleeping rooms or areas: spaces as required for the dwelling, plus one (1) space per rented bedroom. In the case of dormitories, one hundred (100) square feet of net floor area shall be considered a bedroom; H. Boat sales or rental lots: see automobile sales and rental lots; I. Car washes: 1. Self - service: one (1) space per washing stall, 2. Other: as specified by permit; J. Churches and similar structures: one (1) space for every four (4) fixed seats, plus one (1) space per fifty (50) square feet of area in main auditorium (sanctuary or place of worship) not occupied by permanent seats. In the case of benches or pews, twenty -four (24) linear inches shall be equivalent to one (1) seat; K. Colleges and universities: 1. Classroom areas: one (1) space per two hundred (200) square feet of gross floor area, 2. Other areas: one (1) space per two hundred fifty (250) square feet of gross floor area; Q(")00CIS L. Commercial uses not otherwise listed: one (1) space per three hundred (300) square feet of gross floor area; M. Dwelling units, including caretaker and farm worker dwellings: two (2) car garage per unit. Note: Dwelling units approved in RPD zones with three (3) car garages shall not be converted into rooms or other uses which would preclude the ability of an automobile from being parked in the garage, except when a member of the homeowner's family is handicapped /disabled one (1) of the three (3) garages may be converted to liveable space for use by the handicapped /disabled family member upon submitting proof to the satisfaction of the city that the conversion is needed for the handicapped /disabled. Exceptions as follows: 1. Bachelor or studio -type dwelling: one and one - fourth (11/,) covered space per dwelling unit. At the discretion of the approving authority, these standards may be reduced as a function of the review process for a residential planned development if the units are to be constructed for senior citizens or affordable housing. It is the responsibility of the applicant to provide the approving authority with justification for reduced parking, 2. One (1) or more bedroom dwellings in a multifamily building: two (2) covered spaces, one (1) of which shall be a garage, per dwelling unit, 3. Second dwellings: see Section 17.28.020G, 4. Visitor parking in RPD zone: one -half (�) space per dwelling unit; N. Equipment rental: one (1) space per five hundred (500) square feet of gross floor area, plus one (1) space per two thousand (2,000) square feet of outdoor storage or display area; O. Furniture and appliance stores handling primarily bulky merchandise: one (1) space per five hundred (500) square feet of gross floor area; P. Gymnasiums: one (1) space per two hundred fifty (250) square feet of gross floor area. The director of community development may modify this standard where existing parking on the same site is available for the gymnasium; Q. Health clinics: see offices, medical and dental; R. Hotels, motels and similar uses: one (1) space per unit, plus one (1) space for manager or caretaker; S. Intermediate care facilities and hospitals: one (1) space for each two (2) beds, plus one (1) space for each five hundred (500) square feet of gross floor area; T. Laboratories; research and development: see offices, not otherwise listed; U 00 0C G U. Laundromats: one (1) space per two hundred (200) square feet of gross floor area; V. Libraries, museums and studios: one (1) space per three hundred (300) square feet of gross floor area; W. Manufacturing, wholesale and general industrial purposes: one (1) space per five hundred (500) square feet of gross floor area; X. Ministorage: four (4) spaces minimum; Y. Mobilehome parks: 1. Resident parking: two (2) covered spaces per unit. See also Section 17.32.040, 2. Visitor parking (required if internal streets are less than thirty -two (32) feet wide): one (1) space for each four (4) units; Z. Mobilehome or trailer sales lots: see automobile sales and rental lots; AA.Nurseries (retail) and other commercial uses not in an enclosed building: one (1) space per two thousand (2,000) square feet of display area; BB.Services, medical and dental: one (1) space per three hundred (300) square feet of gross floor area; CC.Offices, not otherwise listed: one (1) space per three hundred (300) square feet of gross floor area; DD.Public facility uses (electrical substations, pump stations, etc.) and public utility buildings: 1. Offices: one (1) space per three hundred (300) square feet of gross floor area, 2. Other buildings or uses: as specified by permit, 3. Automated and unattended: none; EE.Public service buildings and uses, not otherwise listed: see offices, not otherwise listed; FF.Recreational uses: 1. Arcades: one (1) parking space plus two (2) bicycle rack spaces per one hundred fifty (150) square feet of gross floor area, 2. Athletic fields: one (1) space per three thousand (3,000) square feet of field area, plus one (1) space per six (6) linear feet of seating area; minimum twenty (20) spaces, 3. Bowling alleys: three (3) spaces per bowling lane, 4. Camps: one (1) space per every two (2) overnight guests allowed per Section 27.28.180B, plus one (1) space per every three (3) persons allowed as total daily on -site population (Section 17.28.180C), plus one (1) space per full -time employee, 5. Campgrounds /recreational vehicle parks: one (1) space per campsite or table, plus one (1) space per full -time employee, plus one (1) space per twenty -five (25) campsites (or fraction thereof) for guest parking to be located near the facility office (three (3) guest spaces minimum), 6. Community centers: one (1) space per one hundred (100) square feet of gross floor area, 7. Golf courses and driving ranges: one (1) space per three hundred (300) square feet of building area used for commercial purposes, plus three (3) spaces per hole (golf courses) or one (1) space per tee (driving ranges), 8. Health clubs, spas and the like: one (1) space per three hundred (300) square feet of gross floor area, 9. Recreational vehicle parks: (see campgrounds above). See also Section 17.28.080 for recreational vehicle park standards, 10. Retreats: one (1) space per every two (2) overnight guests allowed per Section 17.28.220, plus one (1) space for every three (3) persons attending daytime activity programs, plus one (1) space per full -time employee, 11. Skating rinks and dance halls: one (1) space per one hundred fifty (150) square feet of gross floor area, 12. Swimming pools, public: one (1) space per three hundred (300) square feet of pool water area, plus one (1) space per three hundred (300) square feet of area related to the pool facilities, 13. Tennis and racquetball courts: two (2) spaces per court, 14. Theaters, amphitheaters, and similar spectator -type enterprises and establishments: a. Without fixed seats: one (1) space per twenty -one (21) square feet of gross floor area, b. With fixed seats: one (1) space per 3.5 fixed seats; The approving authority may allow up to fifteen percent (150) of the required parking spaces for theaters to be compact parking spaces. GG.Rest and convalescent homes: one (1) space per four (4) beds, plus one (1) space for manager or owner; HH.Restaurants, cafes, cafeterias and similar establishments: one (1) space per one hundred (100) square feet of gross floor area; the minimum, regardless of floor area, is as follows: 1. With public seating on the premises: minimum of ten (10) spaces. For restaurants with temporary outside seating one (1) space outside seat will be allowed per each two (2) inside seats without a requirement for additional parking, 2. Without public seating on the premises (take -out or delivery only): six (6) spaces; II. Schools (other than public): 1. Elementary and junior high: a. Classroom areas: two (2) per classroom, 000CICS b. Other areas: one (1) space per five hundred (500) square feet of gross floor area, 2. High schools: a. Classroom areas: one (1) space per one hundred (100) square feet of gross floor area, b. Other areas: one (1) space per two hundred fifty (250) square feet of gross floor area, 3. Professional, vocational, art and craft schools, and the like: see colleges and universities; JJ. Slaughtering: see manufacturing; KK.Terminals, vehicle and freight: two (2) spaces per loading bay, plus one (1) space per three hundred (300) square feet of gross office floor area; LL.Transit stations and terminals: one (1) space per twenty (20) square feet of waiting area, plus one (1) space per three hundred (300) square feet of office space, plus spaces as needed for accessory uses; MM. Warehousing: one (1) space per five hundred (500) square feet of gross floor area for the first ten thousand (10,000) square feet, and beyond that, one (1) space per five thousand (5,000) square feet of gross floor area. (Ord. 205 § 3 (8108 -1.0), 1995; Ord. 189 § 3 (8108 -1.0), 1994) Q00CC9 EXHIBIT C 00©0 City of Moorpark Municipal Code Section 17.32.025 Downtown parking requirements. Parking in the downtown area (as defined in Section 17.40.020 of this code) shall meet one -half the standards required pursuant to Section 17.32.010 of this chapter. Of the parking required by this section, the applicant may choose to pay an in -lieu fee in order to reduce any portion of the parking spaces otherwise required to be provided on- site. The fee shall be established by city council resolution and shall be used to offset a portion of the cost required to construct public parking facilities in the downtown area. (Ord. 205 § 3 (8108 - 1.1.1), 1995) Q00 4' EXHIBIT D LA #4817 - 2589 -0048 v1 0 0 0 0 Cam: LA #4817 - 2589 -0048 vi Nv #° 9 f 1 r A h aj £ a xg f- d C'9{ LA #4817 - 2589 -0048 vl G LA #4817- 2589 -0048 vl LA #4817- 2589 -0048 v1 0000 7 9 w VI All S `� �` � ■F t i �+ Iv ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, MAKING FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON DECREASED DOWNTOWN PARKING REQUIREMENTS AND ON ALL PROPOSED NON - RESIDENTIAL, DISCRETIONARY LAND USE APPROVALS IN THE DOWNTOWN SPECIFIC PLAN OVERLAY ZONE THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. The City desires to improve the public safety, health and welfare of the residents and visitors to the City of Moorpark ( "City ") . B. One means of doing so is to foster the creation of a vibrant downtown area. C. In 1998, the City created the Downtown Specific Plan Overlay Zone ( "Overlay Zone "). This section, now codified in Municipal Code Section 17.72, no longer fully reflects the needs of the public. Since that time, the actual uses within the City have changed, and the public desires and needs have changed along with the actual changes. D. The City is currently considering revising the Overlay Zone to more fully reflect these needs. There are numerous requirements that the City will consider amending. For example, the new Overlay Zone might have substantially different design guidelines and more stringent development requirements, different parking standards, and different maps. These are just some of numerous changes that will be considered. E. If the City continues to approve additional subdivisions, use permits, variances, building permits, or any other applicable entitlement consistent with the current requirements of the Overlay Zone, each new entitlement would be granting a right to use property in a manner which does not accurately reflect the needs and wants of the public. As such, if the City fails to enact this moratorium immediately, all new entitlements granted within the Overlay Zone will create a current and immediate threat to the public health, safety and welfare. F. A second major method to foster a vibrant downtown area is to ensure the existence of a sufficient number of parking spaces. CC ATTACHMENT 3 Ordinance No. Page 2 G. Section 17.32.010 of the City's Municipal Code establishes the minimum parking standards for any new use and for the enlargement of any existing use. Municipal Code Section 17.32.025, however, indicates that parking in the downtown area need meet only one half of the standards required by Section 17.32.010. H. Permitting development to occur in the downtown area without sufficient parking is a current and immediate threat to the public health, safety and welfare. If there is insufficient parking, drivers will spend more time driving to look for parking. This, in turn, will create additional traffic, create more pollution, decrease emergency response times, and lessen the overall enjoyment and usability of the downtown area. If the City failed to impose this moratorium, these threats to the public health, safety and welfare will become reality. I. The City intends to study whether to and to what extent the parking requirements in the downtown area should be revised. J. Any new development in the Overlay Zone which is either residential in character or is a non - discretionary permit, will not conflict with currently contemplated amendments, because the City is not currently considering amending the Overlay Zone in that manner. However, all other proposed new or expanded uses in the Overlay Zone may be in conflict with contemplated changes to the Overlay Zone. K. Any reliance on the parking requirements within Municipal Code 17.32.025 would also conflict with the potential new regulations. L. On October 5, 2005, the City adopted a 45 day moratorium (the "45 Day Ordinance ") on decreased downtown parking requirements and on all proposed non - residential discretionary land use approvals in the Overlay Zone. M. On November 16, 2005, the City adopted an interim urgency ordinance (the "First Extension Ordinance ") to extend the 45 Day Ordinance. The First Extension Ordinance will expire on December 8, 2005. N. The City intends to extend the First Extension Ordinance for an additional 1 year. 0. The City finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or 0 00082 Ordinance No. Page 3 reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated municipal code review. SECTION 2. Imposition of Moratorium A. In accordance with the authority granted to the City of Moorpark by Government Code Section 65858, and pursuant to the findings stated herein, from and after the date of this ordinance, no use permit, variance, building permit, business license or other applicable entitlement shall be approved if either: 1. The application is for a discretionary, non- residential use within the Overlay Zone. "Non- residential" uses means the following six uses: Office (C -0), Old Town Commercial (C -OT) , Neighborhood Commercial (C -1) , Commercial Planned Development (C -PD), Institutional (I), and Industrial Park /Light Industrial (M -1); or 2. The application relies upon Municipal Code Section 17.32.025. This prohibition shall not prevent, however, an applicant from receiving an entitlement where the applicant expressly waives the standards listed within Section 17.32.025, and instead promises to comply with the requirements of City Municipal Code Section 17.32.010. B. This ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City of Moorpark by Government Code Section 65858, and is for the immediate preservation of the public health, safety, and welfare. SECTION 3. Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. 000e,53 Ordinance No. Page 4 SECTION 4. Effective Date Consistent with Government Code 65858, this ordinance shall become effective immediately upon adoption if adopted by at a least four - fifths vote of the City Council and shall be in effect for one year from the date of adoption. SECTION 5. Publication The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book or 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 APPROVED this 7th day of December, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 0 0005 Draft Work Program For Downtown Specific Plan Update Many of the Tasks listed will be performed concurrently in the interest of time; however there are certain statutory time requirements which cannot be waived or shortened such as the CEQA requirements and Agency review time frames. Task Duration Task 1: Backaround 1.a. Land Use and Parking Survey of Commercial Area 4 weeks • Prepare Survey Form Complete • Prepare Survey Base Maps Complete • Perform Survey In Process • Establish Access Data Base 1.b. Word Process Existing Specific Plan Document Complete 1.c. Prepare Detailed Land Use Map 1 week 1.d. Calculate Available Parking and Building Square Footage 1 week 1.e. State Agency Review Required 4 month maximum Task 2: Amendment Preparation 2.a. Development Standards 6 weeks • Hire Consultant • Create "this" not "that" examples 2 weeks • Establish overall architectural theme 2 weeks • Prepare Draft Standards 1 week • Finalize Draft Standards 1 week • Use existing photo survey as development examples Complete • Establish setbacks, building heights and parking 1 week 2.b. Environmental Documentation 4.5 months • Prepare Initial Study 1 week • Focus EIR Scope 1 week • Prepare & Advertise Notice of Preparation 30 day minimum • Prepare Draft Focused EIR 4 weeks • Review Administrative Draft EIR 1 week • Notice Comment Period for EIR 30 day minimum • Response to Comments 1 week • Prepare Final EIR 1 week CC ATTACHMENT 4 000(T-15- 2.c. Public Hearings on Amendments • Prepare Planning Commission Agenda Report • Advertise for EIR at Planning Commission • Advertise for Specific Plan Amendment, GPA & ZOA for Planning Commission review and recommendation • Prepare City Council Agenda Report • Advertise for EIR at City Council • Advertise for Specific Plan Amendment, GPA & ZOA for City Council review and adoption of first reading and set for second reading of ordinance amendments • Second reading of ordinance amendments • Thirty days for ordinance to take effect 3 months 2 weeks minimum 30 days 2 week minimum 2 weeks minimum 30 days 2 week minimum 2 week minimum 30 days minimum \\Mor _pri_sery \City Share \Community Development\DEV PMTS \Z 0 A \Downtown SP \Draft Work Program.doc