HomeMy WebLinkAboutORD 515 2023 0719ORDINANCE NO. 515
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING OF SEGMENT 4 OF ZONING ORDINANCE AMENDMENT
NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE UPDATE,
AND MAKING A DETERMINATION THAT THE ZONING CODE AND
ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND
NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
CONNECTION THEREWITH
WHEREAS, the City of Moorpark Zoning Code has not been comprehensively
updated in more than 30 years and requires revision to ensure that it aligns with the
current aspirations and values of the community, the Moorpark General Plan 2050
("General Plan 2050"), and complies with current state law and regulations; and
WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023-
01, known as the "Zoning Code Update" which proposes to amend the City of Moorpark
Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5
(Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10
(Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and
replace the entirety of Title 17 (Zoning) of the Moorpark Municipal Code; and
WHEREAS, the City, by and through its General Plan Advisory Committee,
Planning Commission, City Council, and extensive community and stakeholder outreach,
prepared General Plan 2050 as a comprehensive revision and update to the City's
existing General Plan which occurred between 2020 and 2023; and
WHEREAS, on May 3, 2023, the City Council certified the Final Program
Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan
Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution
No. 2023-4173; and
WHEREAS, pursuant to Government Code Section 65860 the City's Zoning
Ordinances must be consistent with the General Plan 2050 and must be amended within
a reasonable time after any general plan amendment so that it is consistent with adopted
General Plan; and
WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01
to implement the recently adopted General Plan 2050 and to ensure consistency between
the City's Zoning Ordinance and General Plan 2050; and
WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update
for a 45-day public review period ending on April 24, 2023. During the public review
period, 30 public comments were provided in writing to the City on the Draft Zoning Code
Update; and
Ordinance No. 515
Page 2
WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop
for the public to introduce and discuss the proposed Draft Zoning Code Update,
approximately 15 members of the community participated; and
WHEREAS, on April 17, 2023, the City Council held a Study Session at their
regular meeting to consider the Draft Zoning Code Update. The City Council and the
public provided comments and suggested revisions to the draft document; and
WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted
to the City website and a notice emailed to community stakeholders to consider the
revisions and make public comments; and
WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning
Commission considered the Revised Draft Zoning Code Update, including the agenda
report and any supplements thereto and written public comments, opened the public
hearing and took and considered public testimony both for and against the proposal, and
recommended that the City Council adopt the Revised Draft Zoning Code Update. The
Planning Commission recommendations were made in segments pursuant to the
segmentation requirements of the Fair Political Practices Commission ("FPPC") as
provided in 2 Cal. Code of Reg. Section 18706(a), with each Planning Commissioner with
a conflict of interest in a particular segment recusing him or herself from participation in
that segment. This segmentation process was accomplished by the adoption of
Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC-
2023-696, recommending that the City Council approve Zoning Amendment No. 2023-
01; and
WHEREAS, Planning Commission Segment 5 was reflected in Resolution No. PC-
2023-696 and contains all properties within the City of Moorpark and all proposed
Moorpark Municipal Code text amendments not included in Planning Commission
Segments 1 through 4 of Zoning Ordinance Amendment No. 2023-01; and
WHEREAS, pursuant to the requirements of the California Environmental Quality
Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in
coordination of the General Plan 2050. The Program EIR analyzed impacts associated
with the implementation of the General Plan 2050, including the Zoning Code Update,
fully describes the project, existing conditions within the City of Moorpark, analyzes the
potential environmental impacts of implementing the project, identifies mitigation
measures to minimize significant impacts to a less than significant level. On May 3, 2023,
the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR
for General Plan 2050; and
WHEREAS, the Planning Commission determined that Zoning Ordinance
Amendment No. 2023-01 relies on and is consistent with the environmental analysis
conducted as part of the General Plan 2050 and recommended that the City Council make
a similar determination. The Draft Zoning Ordinance Amendment No. 2023-01
implements the intent, policies, and goals of the General Plan 2050. In addition, the
Ordinance No. 515
Page 3
Zoning Code Update was identified as part of the Project Description in the Program EIR
under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed
changes are consistent with the scope of those previously analyzed by the certified
Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance
Amendment is within the scope of the Program EIR for the General Plan 2050 and no
further environmental analysis is required pursuant to CEQA Section 15168; and
WHEREAS, for the City Council's consideration of the Zoning Code Update, the
Zoning Code Update has been divided into four segments pursuant to the segmentation
requirements of the FPPC as provided in 2 Cal. Code of Reg. Section 18706(a), with each
Councilmember with a conflict of interest in a particular segment recusing him or herself
from participation in that segment. The City Council, by separate Ordinance No. 512,
Ordinance No. 513, and Ordinance No. 514, respectively, will consider Segments 1
through 3 of Zoning Ordinance Amendment No. 2023-01. This Segment 4, Ordinance
No. 515 contains all properties within the City of Moorpark and all proposed Moorpark
Municipal Code text amendments not included in Segments 1 through 3 of Zoning
Ordinance Amendment No. 2023-01. Exhibit A generally depicts the zoning map
amendments and Exhibit B generally describes the municipal code text amendments.
Both Exhibits A and B are incorporated herein by this reference; and
WHEREAS, at a duly noticed public hearing on July 5, 2023, the City Council
considered the proposed Zoning Amendment No. 2023-01, including the agenda report
and any supplements thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against the proposal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that all of the facts set forth in the Recitals
to this Resolution are true and correct and incorporated herein.
SECTION 2. The findings made in this Ordinance are based upon the
information and evidence set forth in the General Plan 2050 and certified Program EIR
and upon other substantial evidence that has been presented at the hearings and in the
record of the proceedings. The General Plan 2050, Program EIR, agenda reports,
technical studies, appendices, plans, specifications, and other documents and materials
that constitute the record of proceedings on which this Resolution is based are on file for
public examination during normal business hours at the City of Moorpark Community
Development Department, 799 Moorpark Avenue, Moorpark, CA 93021 and available on
the City website. Each of these documents is incorporated herein by reference.
SECTION 3. The City Council finds that agencies and interested members of the
public have been afforded ample notice and opportunity to comment on the Zoning
Amendment No. 2023-01.
Ordinance No. 515
Page4
SECTION 4. FINDINGS AND EVIDENCE. The findings made in this Ordinance
are based upon the information and evidence set forth in the Recitals to this Ordinance,
the Zoning Ordinance Amendment No. 2023-01, the Final Program EIR for the Moorpark
General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173
and a copy of which is on file with the City), the General Plan 2050 (as adopted by City
Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City),
and upon other substantial evidence that has been presented at the hearing and in the
record of this proceeding.
SECTION 5. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Planning Commission that the Zoning Code Update is
consistent with, and within the scope of, the environmental analysis conducted as part of
the General Plan 2050 and that no further environmental review is required.
A. A Notice of Preparation and Program EIR was prepared in coordination with
the General Plan Update. The Program EIR analyzed impacts associated with the
implementation of the General Plan 2050 that was prepared pursuant to the requirements
of the California Environmental Quality Act (CEQA).
B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which
certified the Final Program EIR for General Plan 2050. The Program EIR (State
Clearinghouse No. 2022050327) fully describes the project, existing conditions within the
City of Moorpark, analyzes the potential environmental impacts of implementing the
project, identifies mitigation measures to minimize significant impacts to a less than
significant level, and analyzed the Zoning Code Update.
C. The Zoning Ordinance Amendment implements the intent, policies, and
goals of the General Plan 2050. In addition, the Zoning Code Update was identified as
part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code
Update. The impacts associated with the proposed changes are consistent with the
scope of those previously analyzed by the certified Program EIR for General Plan 2050
and are consistent and conforming to the General Plan 2050. Therefore, the proposed
Zoning Ordinance Amendment is within the scope of the Program EIR for the General
Plan 2050 and no further environmental analysis is required pursuant to CEQA Section
15162.
D. The City Council finds, in the exercise of its independent judgment and
based on substantial evidence in the whole of the record, and recommends that the City
Council find, that no further environmental review is required, including pursuant to Public
Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because:
(i) No information has been presented to the City to demonstrate that any substantial
changes have occurred with respect to the Project involving new significant environmental
effects or a substantial increase in the severity of previously identified significant effects;
(ii) No information has been presented to the City to demonstrate that any substantial
changes have occurred with respect to the circumstances under which the Project is
undertaken involving new significant environmental effects or a substantial increase in
Ordinance No. 515
Page 5
the severity of previously identified significant effects; and (iii) No information has been
presented to the City to demonstrate that there is any new information of substantial
importance that was not known and could not have been known with the exercise of
reasonable diligence at the time the previous EIR was certified as complete showing that
the Project will have any significant or more severe effects than those discussed in the
prior EIR, or that additional mitigation measures or alternatives would substantially reduce
any significant effects on the environment disclosed in the prior EIR.
SECTION 6. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark
General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program,
CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final
Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies,
appendices, plans, specifications, and other documents and materials that constitute the
record of proceedings upon which this Ordinance is based on, are on-file for public
examination during normal business hours at the City of Moorpark Community
Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and
available on the City website at www.moorparkca.gov/212/General-Plan. Each of these
documents is incorporated herein by reference in connection with making the findings
and approvals taken by the City Council in this Ordinance.
SECTION 7. GENERAL PLAN CONSISTENCY: The City Council finds that the
Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the
General Plan 2050 and is found consistent with the requirements of the General Plan for
reasons including, but not limited to:
A. General Plan 2050 Implementation Program LU-I9 regarding "Zoning
Ordinance Implementation" provides: "Require conformance of proposed development
projects with the procedures, permitted uses, and development standards specified by
the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to
ensure compliance with applicable state and federal regulations and relevance to state-
of-the art practices and amendments/updates of the GP Land Use Plan and revise as
needed to reflect General Plan and Housing Element."
B. General Plan 2050 Implementation Program LU-I10 regarding "Zoning
Ordinance Implementation" provides: "Implement and periodically review and update
Municipal Codes and Ordinances to ensure compliance with the state and federal
regulations and best practices including, but not limited to, adoption of state-of-the-art
technologies, age-friendly, barrier-free development, sustainable development and
infrastructure, reduction and resilience to the impacts of climate change, and other
features that promote the health and safety of buildings."
C. General Plan 2050 Policy LU 1.1 provides: "Growth respecting Moorpark's
values and character: Accommodate growth that is consistent with community values and
complements the scale and character of Moorpark's residential neighborhoods, business
districts, and natural environmental setting."
Ordinance No. 515
Page 6
D. General Plan 2050 Policy LU 1.2 provides: "Types and distribution of land
uses: Accommodate population and employment growth attributable to the categories
and standards for densities/intensities of the land uses depicted on the Land Use Diagram
and as evaluated in the General Plan Program." The Draft Zoning Code Update amends
the Zoning Code so that the zoning districts reflect the land use designations in the
General Plan 2050 Land Use Element and is therefore consistent with the General Plan
2050.
E. General Plan 2050 Policy LU 3.1 provides: "Housing for all residents:
Provide a mix of residential densities to accommodate the housing needs of all members
of the community and address Moorpark's fair share of regional housing needs consistent
with the Housing Element."
F. General Plan 2050 Policy LU 3.3 provides: "Broader mix of housing types:
Facilitate the development of mid-range, or "missing middle," housing units such as
duplexes, multiplexes, courtyard homes, and townhomes."
G. General Plan 2050 Policy LU 3.4 provides: "Reuse of declining commercial
properties: Promote the redevelopment of commercial centers and corridors that are
underutilized, where businesses have closed, and do not exhibit supportable market
demand for economically viable uses desired by the community."
H. General Plan 2050 Policy LU 3.5 provides: "Mixed-use development:
Provide for development projects that mix housing with commercial uses to enable
Moorpark's residents to live close to businesses and employment, reducing vehicle trips,
and supporting social interactions."
I. General Plan 2050 Policy LU 5.1 provides: "Development complements
existing character: Require that new development be designed to complement
Moorpark's historical family-oriented small-town feel."
J. General Plan 2050 Policy LU 5.5 provides: "Compatible land uses: Require
design features that provide visual relief and separation between land uses of conflicting
character."
K. General Plan 2050 Policy LU 6.1 provides: "Land use compatibility: Require
that development is located and designed to assure compatibility among land uses."
L. General Plan 2050 Policy LU 6.2 provides: "Development transitions:
Require that the scale and massing of new development in higher density locations
provide appropriate transitions in building height and bulk that are sensitive to the physical
and visual character of the adjoining uses."
Ordinance No. 515
Page 7
M. General Plan 2050 Policy LU 7.2 provides: "Design development to respect
natural setting: Require that new development respect, integrate with, and complement
the natural features of the land including conforming building massing to topographic
forms, restricting grading of steep slopes, and encouraging the preservation of visual
horizon lines and significant hillsides as prominent visual features."
The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to
ensure compliance with the General Plan and is therefore consistent with the General
Plan 2050.
SECTION 8. ZONE CHANGE FINDINGS: Based upon the information set forth
in the agenda report(s), accompanying studies, the General Plan 2050 Program EIR and
appendices, and oral and written public testimony, the City Council finds that the
proposed Zoning Amendment No. 2023-01 is consistent with the General Plan 2050
including the Housing Element.
SECTION 9. EVIDENCE IN THE RECORD. Prior to taking action, the City
Council has heard, been presented with, reviewed and considered the information and
data in the record, including oral and written testimony presented for and during the public
hearing. The City's independent consultants and City staff have reviewed and analyzed
the comments received on the Draft Zoning Code Update.
SECTION 10. ADOPTION OF SEGMENT 4 OF ZONING AMENDMENT NO.
2023-01. Based on the findings and conclusions set forth in the above sections, and
based on all the other evidence in the record, the City Council hereby approves
Segment 4 of Zoning Amendment No. 2023-01 including the Zoning Map Amendments
generally depicted in Exhibit A and Municipal Code text revisions generally described in
Exhibit B, except as those covered by Segments 1 through 3 and Ordinance No. 512,
Ordinance No. 513, and Ordinance No. 514, respectively. Ordinance No. 515 shall also
include the following revisions to Exhibit B:
A. Revisions to Table 17.24.035, Footnote 3, and Table 17.24.055, Footnote
3, to read "3. Height may be increased (to a maximum of 50 feet and not to
exceed three (3) stories) with approval by city council of a conditional use
permit.";
B. Revisions to Section 17.44.040(0) to read "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 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 requesting an increase in height
shall be decided by the city council. 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 ... " and Subsection
Ordinance No. 515
Page 8
17.44.040(0)(8) to read "8.Additional Findings for Increase in Building
Height. The following additional findings are required for the approval of
conditional use permits for additional height in specified zones, not to
exceed 50 feet and three (3) stories: .. "; and
C. Revision to Sections 17.24.025(C)(2) and 17.24.060(J)(2) to read "2. Onsite
publicly accessible areas equal to at least 15% of the project's net lot area
but shall not be required to exceed 10,000 square feet or be required on
lots of 20,000 square feet or less. These areas shall be located adjacent
to, and accessible from, a public right of way. They shall be contiguous to
each other on the project site. The shortest dimension of these areas shall
be a minimum of 15 feet. This area shall be privately maintained by the
owner(s) of the residential development but shall remain publicly accessible
and available for public use from 8:00 a.m. to 8:00 p.m. each day, except
as otherwise provided by the project conditions or specific agreement for
this use between the property owner and the City. The publicly accessible
amenities required in these areas shall be those intended for public
gathering, play spaces, landscaped seating areas, or other amenities as
approved by the entitlement review body."
SECTION 11. SEVERABILITY. 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 may be declared invalid or
unconstitutional.
SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective 30 days
after its passage and adoption. A summary of this Ordinance shall, within 15 days after
passage, be published in accordance with Section 36933 of the Government Code of the
State of California with the names of the City Councilmembers voting for and against it.
Ordinance No. 515
Page 9
SECTION 13. PUBLICATION . The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of original ordinances of the
City; shall make a written record of the passage and adoption thereof in the minutes of
the proceedings of the City Council at which the same is passed and adopted; and shall
publish notice of adoption in the manner required by law.
PASSED AND ADOPTED this 19th of July, 2023 .
ATTEST:
Attachments:
Exhibit A:
Exhibit B:
Segment 4 Zoning Ordinance Amendment Map
Segment 4 Zoning Ordinance Text Amendments
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Ordinance No. 515
Page 10
Exhibit A
Segment 4 Zoning Ordinance Amendment Map
Segment 4 contains all zoning map and designation amendments to all properties within
the City of Moorpark not included in Segments 1 through 3 and Ordinances No. 512,
Ordinances No. 513, and No. 514, respectively.
See Attached
O rdi na nce No. 5 15
Page 11
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EXHIBIT A
CITY OF MOORPARK
Proposed Zoning Map
Parks, Open Spac e, Ag ricu ltu re
Agricultural E.xdusive [A·E]
-Open Space [0-S]
-Open Space 500 Acre Lot Min. [0-S-SOOAC]
Resi denti al
_ S ingle Fa mily Residential Low [R·L]
S <,gle-Fam ily Residential [R-1]
-Medium Density Resi dential [R-2]
-Multifa m ily Residential [R-3]
~ Traner Parle Development [lPD]
Rural Res idential
-~ Rural Agria.dtural [R-A]
Ru ral Exdusive (R·E]
Co mmercial
Neighborhood Commertial (C-1]
-Genera l Commeltial [C-2]
BIJ Commercial Pla nned Development (C-P.D]
-Old Town Commercial (C-Ol]
·-?.,-;_ Commertial Office [C-0]
Mi xed Use
-Mixed-Use Low (MU L]
-Mixed-Use Medi um (MUM]
--Mixed-Use District (MUD]
I ndustrial
Industrial Park [M -1]
-Lim ited Industrial (M-2 ]
-Industrial Flex [1-F]
Spec ific Plans
Moorpark Highlands Specific Plan (SP 2]
carlsberg Specific Plan (SP 92-1 ]
Hitch Ranch Specific Plan [SP 1]
I nstitutional
__ Institutional (I]
0 ~ Feet
1.000 2.000 •.ooo
Sou rce, The Ci ty of Moorpark 2023 Date, 6/28/2023
Ordinance No. 515
Page 12
Exhibit B
Segment 4 Zoning Ordinance Text Amendments
Segment 4 contains the Zoning Text Amendments pertaining to all properties within the
City of Moorpark not included in Segments 1 through 3 and Ordinances No. 512,
Ordinances No. 513, and No. 514, respectively.
Ordinance No. 515
Page 13
EXHIBIT 8
ZONING ORDINANCE AMENDMENT NO. 2023-01
ZONING ORDINANCE AMENDMENT TEXT
CHAPTER I -General Provisions (Revise and replace section below)
1.10.070 Infraction penalties.
Any person convicted of an infraction for the violation of this code, including any person convicted of an infraction
for a violation of any city building or safety code, may be punished by the maximum fines permitted by Government
Code Section 25132 and 36900 et seq.
CHAPTER 5 -Business Taxes, Licenses and Regulations (Revise and replace sections below)
5.64.090 Hours of operation and location restrictions.
A. Vendors must operate only between the hours of 7:00 a.m. to 9:00 p.m. Monday through Sunday, except as fur-
ther restricted by Section 5.64.090(8).
8. Vendors must not conduct the business for which he or she is permitted within one-quarter (1/4) mile of any
elementary or secondary public or private school or any public park between the hours of 8:00 a.m. and four 4:00 p.m.
on days school is in session. The authority may approve a temporary use permit to allow the conduct of the business for
which a street vendor is permitted for special events or occasions sponsored by the city.
C. The prohibition of this section does not apply to any person invited in writing to call upon any elementary or
secondary public or private school by the principal of the school or other authorized person thereof. The written invita-
tion shall be presented to any city official or law enforcement officer upon demand.
D. It is unlawful for any street vendor to solicit business on private property that has a "No Solicitors" sign promi-
nently displayed.
E. Vendors are prohibited from operating within 500 feet of a special event or farmer's market, unless otherwise
posing a health, safety or welfare concern as described in Government Code Sections 5 I 03 8 and 51039.
F. No amplified music may be allowed when stopped on a public street or public right-of-way.
5.64.100 Vehicle tags and parking restrictions.
C. While engaged in selling or delivering products from a vehicle used in his or her trade, including but not limited
to the sale of foods, the permittee shall not stop such vehicle for more than 60 minutes in any one location on any pub-
lic street or public right-of-way, or any private property within the city, unless other parking restrictions are enforced.
The street vendor must move a minimum of a quarter mile from last location. The street vendor must move a minimum
of a quarter mile from last location. The authority may approve a temporary use permit to allow a street vendor vehicle
to stop for longer periods of time than specified for special events or occasions.
Chapter 8 -Health and Safety (Revise and replace section below)
8.14.140 Prohibition against maintaining graffiti on privately-owned property.
A. It is unlawful for the owners and/or persons in possession of privately-owned property to permit graffiti within
the city to remain on such property for more than seven days after written notice from the city is served to remove the
same, except as provided in subsection 8 of this section.
8. It is unlawful for the owners and/or persons in possession of property used for a residence to permit graffiti to
remain on such property for more than seven calendar days after written notice from the city is served to remove the
same where graffiti thereon can only be seen from a public alley or from public or private property not accessible by
the general public.
Ordinance No. 515
Page 14
C. When paint is used to cover graffiti on private property, paint matching the original surface color of the dam-
aged item shall be utilized.
D. Written notice pursuant to this chapter is served and complete at the time of deposit of a copy of the notice in
the U.S. mail or when personal service of the notice is effectuated.
Chapter IO -Vehicles and Traffic (Revise and replace section below)
10.04.300 Commercial vehicles in residential areas.
It is unlawful to park any commercial vehicle, having a specific manufacturer's gross weight rating of ten thousand
( I 0,000) pounds or more, on any street in a residential zone, when the parking is not connected with deliveries to an
adjoining property or in connection with work being performed at the adjoining property. For the purposes of this sec-
tion, "commercial vehicle" means any vehicle identified with Commercial Vehicle Registration Act (CVRA) weight
decal used or maintained for the transportation of persons for hire, compensation or profit, or any vehicle designed,
used or maintained primarily for the transportation of property for hire, compensation or profit. A van pool vehicle
maintained and used primarily for the nonprofit and work-related transportation of adults for the purposes of ride shar-
ing is not a commercial vehicle.
Chapter15 -Development Agreement (Revise and replace sections below)
Chapter 15.40 Development Agreements
Sections:
15.40.010
15.40.020
15.40.030
15.40.040
15.40.050
15.40.060
15.40.070
15.40.080
15.40.090
15.40.100
15.40.110
15.40.120
15.40.130
15.40.140
Purpose and intent.
Applicability.
Contents of development agreement.
Preliminary review.
Application requirements.
Proposed form of development agreement.
Review of application.
Recommendation by planning commission.
Action by city council.
Findings for approval.
Amendment or termination by mutual consent.
Regulations affecting development agreement.
Recordation of agreement.
Annual review procedures.
15.40.030 Contents of development agreement.
A. A development agreement shall contain all of the requirements set forth in Section 15.40.050.
8. A development agreement may include conditions, terms, restrictions and requirements for subsequent land use
entitlements with respect to the project, or portions thereof; provided, that such conditions, terms, restrictions and re-
quirements shall not prevent development of the land for the uses and to the density or intensity of development set
forth in the agreement.
C. A development agreement may include a covenant between the parties to the agreement to form any assessment
district, benefit district, maintenance district or similar district, or undertake any other procedure, for the installation or
maintenance of required or necessary on-site or off-site improvements or infrastructure, pursuant to the terms and con-
ditions described in the agreement, or it may contain a covenant between the parties to the agreement to refrain from
forming any assessment district, benefit district, maintenance district or similar district in return for the giving of other
consideration by the parties thereto, in lieu of such formation.
Ordinance No. 515
Page 15
D. A development agreement may include terms and conditions relating to developer financing of necessary public
facilities and subsequent reimbursement over time.
E. A development agreement may include the developer's agreement to change the design details of any type of
improvement to the project, as such details may be given in any land use entitlement approved prior to the date the ap-
plication for the agreement is filed and identified in the agreement; provided, however, that if the agreement shall be
terminated at the behest of the city, or if all or any portion of the development agreement should be invalidated, so that
the developer does not receive the benefit of the consideration to be given by and to him pursuant to the agreement, the
original text of the land use entitlements, as they existed prior to the date the application for the agreement was filed
shall continue in full force and effect, and the developer shall have his original rights and remedies with respect thereto.
F. A development agreement may include such other covenants, conditions, restrictions, requirements, rules, regu-
lations, policies, terms and standards as may be agreed upon by the parties.
G. A development agreement shall specify the duration of the agreement, the permitted uses of the property, the
density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedi-
cation of land for public purposes. The development agreement may include conditions, terms, restrictions, and re-
quirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for
subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of
development set forth in the agreement. The agreement may provide that construction shall be commenced within a
specified time and that the project or any phase thereof be completed within a specified time. A development agree-
ment shall be prepared consistent with Government Codes Sections 65864 -65869.5.
15.40.040 Preliminary review
No application for a development agreement shall be filed with the director of community development, unless the
city council has decided, after a preliminary review, to proceed with consideration of the proposal. Request for prelimi-
nary review shall be submitted to the director of community development and shall be accompanied by a fee, as estab-
lished by resolution of the city council. The request shall consist of a general description of the proposed agreement,
which description shall include, at a minimum, the identity of the parties and property, a brief description of the project,
and the term ot: and consideration for, the agreement. The director shall conduct a review of the request. Thereafter, the
director shall transmit a report and recommendation to the city council relative to whether the city should further con-
sider the proposal. The city clerk shall give the person in whose name the request is submitted not less than ten ( 10)
days' prior written notice of the date, time and place when the request shall be considered and of the right of said per-
son to be heard. In the event the city council decides to proceed, an application may be filed pursuant to Section
15.40.050.
15.40.050 Application requirements.
Application for a development agreement shall be filed with the director of community development on forms pro-
vided by the director and shall be accompanied by a filing fee, as established by resolution of the city council, and a
proposed form of the development agreement, as specified in Section I 5.40.060.
15.40.060 Proposed form of development agreement.
The proposed form of the development agreement shall consist of plans and narrative relative to the following:
A. The identity of parties to the agreement;
B. A legal description of the entire area of the property subject to the agreement;
C. The nature of the applicant's legal or equitable interest in the property;
D. A complete description of the project, including uses of the property; the relationship to adjacent properties; the
density of residential uses; the intensity of nonresidential uses; the maximum height and size of structures; on-site and
off-site traffic and circulation plans; and open space and recreation areas and facilities;
E. A description of any geological, seismic or other safety hazard present on the property and measures proposed
to mitigate the same;
F. Provisions for reservation or dedication of land for public purposes;
Ordinance No. 515
Page 16
G. The identification and incorporation by reference of the land use entitlements for the project, and any phase
thereof, granted or approved by the city prior to the date the application for the agreement was filed;
H. The identification of the types of land use entitlements for the project, or any phase thereof~ which must be con-
sidered for approval by the city for the project in order to build the project, or the phase;
I. The identification and incorporation by reference of existing rules, regulations and official policies that are ap-
plicable to the project, and any phase thereof, at the date of the agreement;
J. A description of the consideration for the agreement and a description of the dates or conditions upon which it
is to be given;
K. The proposed starting and completion date for the project, and any phase thereof;
L. The term of the agreement;
M. A statement of the relationship of the agreement to the general plan and any applicable specific plan;
N. A description of the remedies of the parties to the agreement; and
0. A provision that the conditions of the agreement are binding upon, and inure to the benefit of, all successors in
interest to the parties to the agreement.
15.40.070 Review of application.
After determining that the application is complete pursuant to Government Code Section 65940 et seq., the director
of community development shall conduct a review of the proposed development agreement. Thereafter, the director
shall prepare a staff report and recommendation and shall set the matter for public hearing by the planning commission.
15.40.080 Recommendation by planning commission.
The planning commission shall hold a public hearing on each application for a development agreement at the time
and place set for such hearing. Notice of intention to consider recommendation of an agreement shall be given as pro-
vided for in Sections 65090 through 65094, inclusive, of the Government Code, in addition to any other notice required
by law for other actions to be considered concurrently with the agreement. If and when state law prescribes a different
notice requirement, notice shall be given in that manner. The commission may, whenever it deems such action neces-
sary or desirable, continue such hearing to a time, date and place certain. After the hearing, the commission shall rec-
ommend to the city council approval, approval with modifications, or denial of the development agreement.
15.40.090 Action by city council.
Upon receipt by the city council of the recommendation of the planning commission on an application for a devel-
opment agreement, the city clerk shall set the matter for public hearing by the city council. The city council shall hold
the public hearing at the time and place set therefor. Notice of intention to consider adoption of an agreement shall be
given as provided for in Sections 65090 through 65094, inclusive, of the Government Code, in addition to any other
notice required by law for other actions to be considered concurrently with the agreement. If and when state law pre-
scribes a different notice requirement for development agreements, notice shall be given in that manner. The city coun-
cil may, whenever it deems such action necessary or desirable, continue such hearing to a time, date and place certain.
After the hearing, the council shall take action to approve, approve with modifications or deny the agreement. Devel-
opment agreements shall be approved by ordinance of the city council, which ordinance shall not be adopted by the city
council prior to the developer executing the agreement.
15.40. l 00 Findings for approval.
The planning commission shall not recommend approval, and the city council shall not grant approval, of a devel-
opment agreement, or an amendment thereto, unless the following findings are made:
A. The provisions of the agreement are consistent with the general plan and any applicable specific plan; and
B. The provisions of the agreement are consistent with this chapter.
15.40.110 Amendment or termination by mutual consent.
A development agreement may be amended or terminated, in whole or in part, by mutual consent of the parties to
the agreement. Notice of intention to amend or terminate an agreement and the manner thereof shall be subject to Sec-
Ordinance No. 515
Page 17
tions 15.40.080, 15.40.090 and, as applicable, 15.40.100 of this chapter. Amendment of the agreement shall be by ordi-
nance of the city council, which ordinance shall not be adopted by the city council prior to the developer executing the
amendment.
15.40.120 Regulations affecting development agreement.
A. In the event that state or federal laws or regulations, enacted after a development agreement has become effec-
tive, prevent or preclude compliance with one or more provisions of the agreement, such provisions shall be deemed
modified or suspended as necessary to comply with such state or federal laws or regulations.
B. A development agreement shall not prevent the city, in subsequent actions applicable to the project, from apply-
ing new rules, regulations and policies which do not conflict with those rules, regulations and policies that are applica-
ble to the project as set forth in the agreement. Nor shall an agreement prevent the city from denying, conditionally
approving or approving any subsequent project proposed for the property on the basis of such rules, regulations and
policies that are applicable to the project at the date of the denial or approval.
C. A development agreement shall not prevent the city from approving minor modifications to any land use enti-
tlement identified in the agreement, provided that the approval is in accordance with the applicable provisions of the
zoning ordinance relative to such entitlement.
15.40.130 Recordation of agreement.
No later than ten (10) days after the ordinance approving the development agreement, or any amendment thereto or
termination thereof, is approved by the city council, the city clerk shall record a copy of the agreement, amendment or
termination with the county recorder.
15.40.140 Annual review procedures.
A. Not less than thirty-five (35) days prior to the annual anniversary of the effective date of the agreement, the
developer shall file an application with the director of community development requesting review of the agreement.
The application shall be accompanied by a filing fee, as established by resolution of the city council, and by plans and a
narrative describing the following:
I. The completion of any aspect of the agreement during the twelve ( 12) months prior to the anniversary date;
2. The progress made towards completion of all other aspects of the agreement during the twelve (12) months pri-
or to the anniversary date; and
3. An explanation, with supporting information, of aspects of the agreement where good faith compliance has not
been achieved during the twelve (12) months prior to the anniversary date, and proposals for corrective action to
achieve such compliance.
B. After determining that the application for review is complete, the director of community development shall pre-
pare a report and recommendation and transmit the same to the city council. The city clerk shall give the applicant not
less than ten ( 10) days' prior written notice of the date, time and place when the report and recommendation shall be
considered, which shall not be more than thirty-five (35) days after the application for review was determined to be
complete, and of the right of the applicant to be heard. Unless the city council finds and determines, on the basis of
substantial evidence, that the developer has complied in good faith with the agreement, it shall refer the application to
the planning commission. If there is good faith compliance with the agreement, the annual review process shall be
deemed complete, and no further action shall be taken pursuant to this section.
C. The planning commission shall consider any application for review referred from the city council at a public hear-
ing held within thirty-five (35) days after the applicant has paid to the city clerk a hearing fee, as established by resolution
of the city council. Notice of intention to review the development agreement and the manner thereof shall be subject to
Section 15.40.080. u: as a result of the public hearing, the planning commission finds and determines, on the basis of sub-
stantial evidence, that the developer has not complied in good faith with the agreement, the commission shall recommend
to the city council that the agreement be amended or terminated. A recommendation to amend the agreement shall be sub-
ject to Section 15.40.100.
Ordinance No. 515
Page 18
D. Any party aggrieved by a decision of the planning commission that the developer has complied in good faith
with the development agreement may appeal to the city council in accordance with Sections 8163-4.1 and 8163-4.2 of
the County of Ventura Ordinance Code or any successor thereto.
E. Within thirty-five (35) days after the planning commission recommends to the city council that a development
agreement be amended or terminated or an appeal is filed, the city council shall hold a public hearing thereon. Notice of
intention to consider amendment or termination of the agreement and the manner thereof shall be subject to Section
15.40.090.
F. After the hearing, the city council shall take action either to continue the development agreement in the manner and
form approved, or to amend or terminate the agreement on the basis of substantial evidence that the developer has not com-
plied in good faith with the agreement. Action to amend the agreement shall be subject to Section 15.40.100.
G. In the event the developer fails to execute the amendment to the development agreement and serve it upon the
city clerk within fifteen ( 15) days after the city clerk serves the developer with the amendment, as acted upon by the
city council, the agreement shall be deemed terminated for cause. Service of said amendment shall be deemed complete
upon personal delivery or upon deposit in the U.S. mail, postage prepaid, addressed to the city clerk at City Hal] and to
the developer at the mailing address shown on the application for review. Amendment of the agreement shall be by
ordinance of the city council, which ordinance shall not be adopted by the city council unless the executed amendment
is timely received from the developer.
Chapter 16 -Subdivisions (Add new chapter below)
Chapter 16.60 URBAN LOT SPLITS
• 16.60.010 Applicability.
• 16.60.020 Approving authority.
• 16.60.030 Requirements.
• 16.56.040 Filing fee.
• 16.56.050 General requirements.
• 16.56.060 Notification, hearing, and determination.
16.60.010 Applicability.
The provisions of this chapter are applicable to all parcels created pursuant to California Government Code Section
66411.7, otherwise known as Senate Bill 9. Urban Lot Splits provide a streamlined process for subdividing an exist-
ing-single family zoned lot into two new parcels.
16.60.020 Approving authority.
The Community Development Director or their designee shall review an application for an Urban Lot Split. The
Community Development Department shall determine if the application meets the eligibility requirements for an Urban
Lot Split. Upon approval of a ministerial Urban Lot Split application, the City Engineer shall cause to be recorded a
map of the approved Urban Lot Split.
16.60.030 Requirements.
A parcel map for an Urban Lot Split made pursuant to California Government Code § 66411.7 shall conform with
the following:
A. Location. The parcel being subdivided shall:
I. Be located within a single-family residential zone (O-S, A-E, R-A, R-E, R-L, and R-1 );
Ordinance No. 515
Page 19
2. The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of sub-
division (a) of Government Code Section 65913.4, as generally described below:
a) Not be located within a Very High Fire Hazard Severity Zone, unless the parcel otherwise satisfies
standards indicated in Government Code Sections 65913.4(a)(6)(D) & 664 l l.7(a)(3)(C).;
b) Not be located within a mapped 100-year floodplain, wetland, recorded open space easement,
mapped creek or river, regulated floodway;
c) Not in either prime farmland or farmland of statewide importance;
d) Not be located within a designated hazardous waste site;
e) Not be located within a historic district, is not included on the State Historic Resources Inventory, or
is not within a site that is legally designated or listed as a city or county landmark or historic property
or district;
f) Not within a delineated earthquake fault zone as determined by the State Geologist in any official
maps published by the State Geologist, unless standards can be achieved as described in Government
Code Section 65913 .4 ( 6)(F);
g) Not be located on lands identified for conservation in an adopted natural community conservation
plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with
Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the
federal Endangered Species Act of I 973 (16 U .S.C. Sec. 1531 et seq.), or other adopted natural re-
source protection plan; or
h) Not be located on land protected by a conservation easement.
B. The parcel proposed for an Urban Lot Split shall not have been formed through a previous parcel map for an Urban
Lot Split.
C. Eligibility. A parcel that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable
to persons and families of moderate, low, or very low income shall not be eligible for an Urban Lot Split. Fur-
ther, a parcel is not eligible for an Urban Lot Split if the subdivision would require demolition or alteration of:
I. Housing that is subject to any form of rent or price control;
2. A parcel containing a unit that was withdrawn from the rental market through an Ellis Act eviction at any time
in the last 15 years; or
3. Housing that has been occupied by a tenant in the last three years.
D. Number of parcels. No more than two parcels may be established through a parcel map for an Urban Lot Split pur-
suant to this Chapter.
E. Adjacent parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner
may have previously subdivided an adjacent parcel through an Urban Lot Split.
16.60.040 Subdivision standards.
A. Lot size. The new parcels shall be of approximately equal parcel area. In no instance shall a parcel be smaller than
40 percent of the lot area of the original parcel proposed for subdivision, or smaller than 1,200 square feet,
whichever is greater.
B. Public right of way access. All lots created or altered with an Urban Lot Split shall provide access or adjoin to an
adjacent public right of way. The access way shall be meet the development standard outlined in Code Section
17.32.100.
C. A minimum ten-foot-wide direct access corridor or easement shall be required when parcels do not adjoin the public
right-of-way.
D. Additional access requirements, including but not limited to a wider access corridor or easement, may be required
where necessary to provide adequate access for fire safety equipment as determined by the Fire Marshal.
E. easements. Easements may be required to convey public utilities, access, and other services.
Ordinance No. 515
Page 20
F. Utilities. Parcels created through an Urban Lot Split shall have separate sewer, water and electrical utility services.
G. The application of any subdivision standard that would physically prevent the development of two units of at least
800 square feet on either of the resulting parcels shall be waived. No modification or other discretionary action
shall be required.
H. All other development standards contained within Titles 16 and 17 that do not conflict with Government Code Sec-
tion 66411.7.
16.60.050 Procedure.
A. Urban Lot Split. The applicant for an Urban Lot Split shall first submit for Urban Lot Split approval from the Plan-
ning Division. The Planning Division shall determine whether the request meets the eligibility requirements for
an Urban Lot Split.
B. Final parcel map. Upon approval of an Urban Lot Split, the applicant shall file a final parcel map with the City En-
gineer pursuant to Chapter 16.32.
C. An Urban Lot Split application shall follow the processing procedures for a final parcel map as set forth in Chapter
16.32, except for as provided in this Chapter 16.60.
D. Effective date and time limits.
I. Expiration of Urban Lot Split. Urban Lot Split approval of an Urban Lot Split for which a final parcel map
has not been recorded as a final map shall expire within 24 months of the date of approval.
2. Applicants shall be required to re-submit for Urban Lot Split approval from the Planning Division if a final
map has not been recorded within 24 months of the initial Urban Lot Split approval.
E. Fees. Fees associated with an Urban Lot Split application shall be consistent with fees associated with a Lot
Line Adjustment or as updated by the Fee Schedule in place at the time of permitting.
16.60.060 Noticing.
A. The Community Development Department shall prepare written notice to the record owners of all property adjacent
to/within 300 feet of the exterior boundaries of the property on which the subdivision is proposed.
B. The notice shall be mailed to the last known name and address of such owners as shown on the latest available
equalized assessment roll of the County Assessor.
C. The notice shall identify:
I. The location of the property;
2. The nature of the proposed subdivision;
3. Contact information for the applicant;
4. Contact information for the Community Development Department; and
5. The following statement: "This Notice is sent for informational purposes only and does not confer a right
on the noticed party or any other person to comment on the proposed project. Approval of this project is
ministerial, meaning the City of Moorpark has no discretion in approving or denying the project if it com-
plies with all legal requirements. Approval of this project is final and not subject to appeal."
D. The notice shall be sent no fewer than 30 days after Urban Lot Split approval of the Urban Lot Split. Urban Lot
Split applications that include a two-unit development shall follow the noticing requirements for the two-unit de-
velopment ( 17 .28(H) Noticing).
E. A final parcel map for an Urban Lot Split shall not be recorded until such time as the above noticing has been com-
pleted.
16.60.070 Additional requirements.
A. Units Allowed. A maximum of two units may be located on a lot created through an urban lot split, inclusive of ac-
cessory dwelling units and junior accessory dwelling units."
B. Further subdivision. Further subdivision of a parcel established through an Urban Lot Split shall be prohibited. A
restrictive covenant shall be recorded on each lot created through an Urban Lot Split prohibiting further subdivi-
sion in perpetuity.
Ordinance No. 515
Page 21
C. Owner occupancy. The applicant for an Urban Lot Split shall sign an affidavit stating that they intend to occupy one
of the dwelling units as their principal residence for a minimum of three years from the date of the approval of the
Urban Lot Split. This requirement shall not apply to an applicant that is a "community land trust," as defined in
clause (ii) of subparagraph (C) of paragraph ( 11) of subdivision (a) of Section 402.1 of the Revenue and Taxation
Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
D. Short-term rentals prohibited. Units created pursuant to this chapter shall be rented or leased for a term longer than
30 days. A covenant shall be recorded against title to any property developed pursuant to this chapter restricting
rental or lease of any unit on the property for a term longer than 30 days.
E. The correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of
an Urban Lot Split.
F. Setbacks. Setbacks for a unit or units on a parcel created through an Urban Lot Split shall be as set forth in Chapter
17.28.020(H) of the Zoning Code.
16.60.080 Severability.
If any provision of this ordinance or chapter or the application thereof to any person or circumstance is held to be un-
constitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions
or applications of this ordinance or chapter which can be implemented without the invalid provision or application and
to this end the provisions of this ordinance and chapter are declared to be severable.
Title 17 -Zoning (Replace Title 17 in its entirety, as shown below)
Title 17
ZONING*
Chapters:
17.04 Authority, Purpose and Application
17.08 Definitions
17.12 Establishment of Zones, Boundaries and Maps
17.16 Purposes of Zones
17.20 UsesbyZone
17.24 Development Requirements
17.28 Standards for Specific Uses
17.30 Lighting Regulations
17.32 Off-Street Parking Requirements
17 .36 Standards for Specific Zones and Zone Types
17.38 Hillside Management
17 .40 Sign Regulations
17.42 Wireless Communications Facilities
17.44 Application Review Procedures
17.48 Transportation Demand Management
17.50 Art in Public Places
Ordinance No. 515
Page 22
17.52 Nonconformities and Substandard Lots
17.53 Noise
17.56 Enforcement and Penalties
17 .64 Density Bonus Provisions
17.72 Downtown Specific Plan Overlay Zone (SP-D)
17.74 Specific Plan No. 2/Specific Plan 95-2, Moorpark Highlands Specific Plan
Ordinance No. 515
Page 23
Chapter 17.04
AUTHORITY, PURPOSE AND
APPLICATION
Sections:
17.04.010
17.04.020
17.04.030
17.04.040
17.04.050
Adoption and title of chapter.
Purpose of title.
Applicability of the zoning ordinance.
General prohibitions.
General interpretation.
17.04.010 Adoption and title of chapter.
This chapter is adopted pursuant to the authority vested in the city by the state of California, including, but not lim-
ited to, the Government Code and the Public Resources Code. This chapter shall be known as the "Zoning Ordinance."
17 .04.020 Purpose of title.
The text (including tables and matrices) and zoning map contained in this chapter constitute the comprehensive zon-
ing regulations for the city and are adopted to protect and promote the public health, safety and general welfare; to pro-
vide the environmental, economic and social advantages which result from an orderly, planned use of resources; to es-
tablish the most beneficial and convenient relationships among land uses; and to implement the city's general plan.
17 .04.030 Applicability of the zoning ordinance.
A. Applicability to Uses and Structures. The provisions of this chapter apply to all lots, structures and uses of land
or bodies of water created, utilized, established, constructed or altered by any person unless specifically exempted by
the following subsections:
I. Exemption, Public Roads. The provisions of this chapter are not applicable to construction and maintenance of
public roads and other improvements within road rights-of-way.
2. Exemption, Preemption. Specifically exempt is any area of regulation totally preempted by federal or state laws
and where divestiture has not occurred.
17.04.040 General prohibitions.
A. No structure shall be moved onto a site, erected, reconstructed, added to, advertised on, structurally altered or
maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this
chapter with respect to land uses, building heights, setbacks, lot coverage and all other regulations, conditions and limi-
tations prescribed by this chapter as applicable to the same zone or subzone in which such use, structure or land is lo-
cated.
8. No person shall use or permit to be used any building, structure or land, or erect, structurally alter or enlarge
any building or structure, contract for advertising space, pay for space, or advertise on any structure except for the uses
permitted by this chapter and in accordance with the provisions of this chapter applicable thereto.
C. No permit or entitlement may be issued or renewed for any use, construction, improvement or other purpose
unless specifically provided for or permitted by this chapter.
D. No person shall inhabit a vehicle or recreational vehicle located on private property.
17 .04.050 General interpretation.
A. Minimum Requirements. The provisions of this chapter shall be held to be the minimum requirements for the
promotion of the public health, safety and general welfare.
8. Interference. It is not intended by this chapter to interfere with, abrogate or annul any easement, covenant or
other agreement between parties.
Ordinance No. 515
Page 24
C. Conflict. When this chapter imposes a greater restriction upon the use of buildings or land, or upon the height of
buildings, or requires greater setbacks or larger open spaces than are imposed or required by other ordinances, rules,
regulations or by easements, covenants or agreements, the provisions of this chapter shall govern. If conflict between
requirements appears within this chapter, the most restrictive requirement shall prevail.
D. Terms Not Defined. Terms not defined in this chapter shall be interpreted as defined in conventional dictionar-
ies in common use.
E. Misinformation. Information erroneously presented by any official or employee of the city does not negate or
diminish the provisions of this chapter pertaining thereto.
F. Quantity. The singular includes the plural, and the plural includes the singular.
G. Number of Days. Whenever a number of days is specified in this chapter, or in any permit, condition of approv-
al or notice issued or given as set forth in this chapter, such number of days shall be deemed to be consecutive calendar
days, unless otherwise specified.
H. Rounding of Quantities. Whenever application of this chapter results in required parking spaces, required num-
ber of affordable or elderly units built standards being expressed in fractions of whole numbers, such fractions are to be
rounded to the next higher whole number when the fraction is 0.5 or more, and to the next lower whole number when
the fraction is less than 0.5, except that: ( 1) calculation for the number of permitted animals shall be in accordance with
Chapter 17.28; and (2) quantities expressing areas of land are to be rounded only in the case of square footage, and are
not to be rounded in the case of acreage.
I. Severability. If any portion of the zoning ordinance is held to be invalid, that hold shall not invalidate any other
portion of the zoning ordinance.
J. Interpretation. Because it is infeasible to compose legislative language which encompasses all conceivable land-
use situations, the director of community development shall have the power to interpret the regulations and standards
contained in this title, when such interpretation is necessitated by a lack of specificity in such regulations and standards.
Section:
17.08.010 Application of definitions.
17 .08.010 Application of definitions.
Chapter 17.08
DEFINITIONS
Unless the provision or context otherwise requires, the definitions of words and terms as follows shall govern the
construction of this chapter:
"Abandoned vehicle" means a vehicle (as defined in the Vehicle Code) which is located on public or private proper-
. ty without the expressed or implied consent of the property owner or person in lawful possession or control of the prop-
erty which has been deserted for a period of seventy-two (72) or more consecutive hours or within twenty-four (24)
hours if any portion of the street and/or highway is necessary for cleaning, repair or construction of the highway, or for
the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed
at least twenty-four (24) hours prior to the removal of the vehicle.
"Abut" means to touch physically, border upon, or share a common property line with. Lots which touch at corners
only shall not be deemed abutting. "Adjoining" and "contiguous" shall mean the same as abutting.
"Access" means the place or way by which pedestrians and/or vehicles shall have safe, adequate, usable ingress and
egress to a property or use.
"Accessory dwelling unit (ADU)" (defined by Government Code Section 65852.2 and as updated by State Law)
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or
more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provi-
sions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwell-
ing is or will be situated. An accessory dwelling unit also includes the following:
Ordinance No. 515
Page 25
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Accessory dwelling unit, Junior (JADU)" (defined by Government Code Section 65852.22 and as updated by State
Law) means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence.
A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the
existing structure.
"Accessory industrial hemp ingredient processing" means an accessory use whereby prepared industrial hemp ingredi-
ents are combined with other products.
"Accessory structure" means a detached structure, not including an accessory dwelling unit, located upon the same
lot as the building or use to which it is accessory, and the use of which is customarily incidental, appropriate and sub-
ordinate to the use of the principal building or to the principal use of the lot.
"Accessory use" means a use customarily incidental, appropriate and subordinate to the principal use of land or
buildings located upon the same lot.
"Activity space" means an area that is allowed to setback further than the building frontage requirement within a
mixed-use zone that is used as outdoor gathering area, dining, plaza, or similar pedestrian orientated activities for adja-
cent uses.
"Agriculture" means farming, including animal husbandry and the production and management of crops (including
aquatic crops) for food, fiber, fuel and ornament.
"Airfields, landing pads and strips" means aircraft landing strips or heliports for agricultural crop dusting or personal
use of the property owner or tenants, not available for public use, and with no commercial operations.
"Aircraft" means and includes helicopters, all fixed-wing airplanes, gliders, hang-gliders and ultra-light aircraft.
"Alcohol" means ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever source or by whatever pro-
cess is used to produce the ethyl alcohol. See also Business and Professions Code Section 23003.
"Alcoholic beverage" means a beverage which contains alcohol (ethanol), which is fermented and may include
wine, beer, distilled spirits or liquor, made from grains, fruit, sugar or other ingredients.
"Alcoholic beverage, beer" means an alcoholic beverage brewed with yeast-fermented malt and often flavored with
hops and other organic ingredients. See also Business and Professions Code Section 23006.
"Alcoholic beverage, liquor or distilled alcohol" means an alcoholic beverage that is obtained by distilling a wine or
other fermented alcoholic beverage to create a higher alcohol content. See also Business and Professions Code Section
23005.
"Alcoholic beverage, sales" means the sale of alcoholic beverages for either onsite or offsite consumption.
"Alcoholic beverage, wine" means an alcoholic beverage made from fermented grape or other fruit juice. See also
Business and Professions Code Section 23007.
"Alley" means a thoroughfare not more than thirty (30) feet wide, other than a public road or street, permanently re-
served as a secondary means of access to abutting property.
"Amortize" means to require the termination of (a nonconforming use or structure) at the end of a specified period
of time.
"Amusement and recreational facilities" mean any facilities primarily designed for recreation such as, but not lim-
ited to, auditoriums, billiard and pool establishments, bowling alleys, community centers, dancehalls, golf driving rang-
es, indoor motion picture theaters, miniature golf, parks and playgrounds.
"Animal husbandry" means a branch of agriculture for the raising or nurturing and management of animals, includ-
ing breeding, pasturing, ranching and sales of animals.
Animals, Farm. "Farm animals" mean and include horses, mules, burros, jacks, jennies, cows, bulls, calves, heifers,
sheep, lambs, llamas, alpacas, goats, swine, hogs, pigs and miniature specimens of these animals (with the exception of
any miniature horse which shall not exceed a height of thirty-eight (38) inches in accordance with the American Minia-
ture Horse Association's regulations for Class B horses), and pot-bellied pigs (not to exceed a weight of one hundred
ten (110) pounds, which are treated as household pets), or other such animals as determined by the director of commu-
nity development.
Animals, Pet. "Pet animals" mean small, domesticated animals, excluding dogs and cats, including, but not limited
to, birds, guinea pigs, rats, mice, chinchillas, other small rodents and rabbits, reptiles, amphibians, and fish which are
Ordinance No. 515
Page 26
customarily kept for pleasure. Pet animals shall not include working animals, livestock, laboratory animals, or other
animals kept or raised for commercial purposes (for example animal boarding).
"Animal, shelter or rescue. "Animal shelter and animal rescue" means a location or premises where temporary or
permanent housing of animals are kept by a local agency or non-profit where animals may be adopted or cared for by
operator. Animal shelters or rescues may provide veterinarian care and kenneling services.
"Animals, Wild. "Wild animals" mean animals which are wild by nature and not customarily domesticated in Ven-
tura County. This definition does not include birds, small rodents or small, nonpoisonous reptiles commonly used for
educational or experimental purposes, or as pets.
"Antenna, Ground-Mounted. "Ground-mounted antenna" means a device for transmitting or receiving radio waves
which rests on or is located in or anchored to the ground. "Ground-mounted antenna" includes antennas supported by
guy wires and similar mechanisms.
Antenna, Roof-Mounted. "Roof-mounted antenna" means a device for transmitting or receiving radio waves which
rests on or is located on the roof of any structure.
"Apiculture" means beekeeping, which includes one (I) or more hives or boxes occupied by bees (hives or boxes
include colonies), but does not include honey houses, extraction houses, warehouses or appliances.
"Application requests" mean and include, but are not limited to, filings for zoning clearances, permits, variances,
appeals, suspensions, modifications and revocations, interpretations, amendments and zone changes.
"Arcade" means a commercial amusement establishment containing four (4) or more game machines, electronic or
otherwise, or similar amusement devices.
"Array of merchandise or menu" means fifty percent (50%) or more of in-stock merchandise or menu items.
"Athletic field" means a level, open expanse of land intended to be used for organized team sports such as baseball,
football and soccer.
"Automobile impound yard" means a building or premises for the storage of motor vehicles, such as impounded or
repossessed vehicles, where such vehicles are intended to be stored for more than a twenty-four (24) hour period. This
definition shall not include automobile wrecking or salvage in any form.
"Automobile service station" means a commercial activity, both retail and service in character, engaged in dispens-
ing automotive fuels and motor oil; the sale and service of tires, batteries and other automobile accessories and re-
placement items; and washing and lubrication services. Activities associated with service stations do not include body
and fender repair, painting or major motor repairs. This also includes such aforementioned facilities that are in conjunc-
tion with a mini-market.
"Aviary" means any place where more than twenty-five (25) domestic birds are kept outside of a dwelling.
"Banquet or event facility" means a place where the public may gather to dance, meet, engage in catered dining or
other types of gathering. Such facilities may be used for banquets, dance hall, weddings, etc.
"Bathroom" means a sink, a toilet, and a bathtub or shower.
"Bed and breakfast inn" means a dwelling unit with one (I) family in permanent residence wherein one (I) to five
(5) sleeping rooms, and one (I) or more meals, are offered for compensation to overnight guests.
"Belt course" means a projection of masonry or similar material around a building or part of a building, which is
attached to the building.
"Boarding, animal" means a facility for the overnight or long-term housing of animals for commercial purposes.
Not related to the personal keeping of animals as pets.
"Boarding house" means a residence or dwelling, other than a hotel, wherein three (3) or more rooms, with or with-
out individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either
written or oral, whether or not an owner, agent, or rental manager is in residence.
"Borrow area" means an area where soil, sand, gravel or rock is extracted and removed for use as fills, grades or
embankments on property of a different ownership or noncontiguous property of the same ownership.
"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or
enclosure of persons, animals, chattel or property of any kind.
"Business services" mean uses such as advertising agencies, blueprinting and photocopying, computer and data pro-
cessing services, coupon and trading stamp redemption services, drafting services, employment agencies, laminating of
photographs, packaging services and telephone answering services.
Ordinance No. 515
Page 27
"Cabana" means a lightweight shelter containing an open side.
"Camp" means a rural facility with permanent structures for overnight accommodation and accessory structures and
buildings, which is used for temporary leisure, recreational or study purposes, and provides opportunities for the en-
joyment or appreciation of the natural environment.
"Campground" means a rural facility without permanent structures for overnight accommodation, but with limited
accessory structures and buildings, which is used for temporary leisure or recreational purposes and provides opportu-
nities for the enjoyment or appreciation of the natural environment.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether
growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. "Cannabis" also means
the separated resin, whether crude or purified, obtained from cannabis. It does not include either of the following:
I. Industrial hemp; or
2. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks ( except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
"Caretaker" means an employee who must be on the property for a substantial portion of each day for security pur-
poses or for the vital care of people, plants, animals, equipment or other conditions of the site, and who does not have a
possessory interest in the property.
"Carpool" means a vehicle occupancy of two (2) or more persons aged sixteen ( 16) years or older commuting to or
from work and/or school.
"Chain store" means any type of retail sales activity and/or retail service activity conducted within a retail estab-
lishment which, along with ten ( I 0) or more existing operational retail establishments in the world, maintains two (2) or
more of the following features: (I) standardized array of merchandise or menu; (2) standardized color scheme; (3)
standardized decor; ( 4) standardized facade; ( 5) standardized layout; ( 6) standardized sign, service mark, or trademark;
or (7) uniform apparel.
"Chemicals" mean and include such compounds as adhesives, explosives, fertilizers, industrial gases, ink, lacquer,
paints, pesticides, pigments and dyes, sealants, shellac, synthetic fibers, synthetic resins, synthetic rubber, thinners and
varnishes.
"Color scheme" means the selection of colors used throughout, such as on the furnishings, wall coverings, or as used
on the fa9ade. Standardized lighting is considered part of the color scheme.
"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing,
laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, and includes
the activities of any business licensed by the State under Division 10 of the Business and Professions Code.
"Commercial vehicle" means a vehicle of a type required to be registered under the provisions of the California Ve-
hicle Code and used or maintained for the transportation of persons for hire, compensation or profit or designed, used
or maintained primarily for transportation of property.
"Commission" means the city planning commission.
"Communications facilities" mean and include such uses and structures as radio and television transmitting and re-
ceiving antennas, radar stations and microwave towers.
"Community care facility," as defined in Health and Safety Code 1502, means any facility, place, or building that is
maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency
services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and includes facilities in accordance with the Health
and Safety Code and other California Codes as may be amended over time.
"Community center" means a meeting place where people living in the same community may carry on cultural, rec-
reational or social activities, but excluding any facility operated as a business or for commercial purposes.
"Community development director" means the manager of the department of community development of the city of
Moorpark in Ventura County.
"Commuter" means any person who regularly travels by vehicle to or from work or school.
Ordinance No. 515
Page 28
"Compatible use (T-P zone)" means any use which does not significantly detract from the use of the property for, or
inhibit, the growing and harvesting of timber. "Compatible use" includes the accessory retail sale of Christmas trees.
"Conference center/convention center" means an urban facility for the assembly of persons for study and discussion,
which includes permanent structures for dining, assembly and overnight accommodation.
"Contractor's service and storage yard" means an open area, which may include garages and sheds, for the storage
of vehicles, equipment and materials which are associated with a contracting business or operation, where sales, manu-
facturing and processing activities are specifically excluded.
"Day care educational facility" means a day care facility which provides the children with formal training to stimu-
late or develop the mental or moral growth of the children.
"Day care facility" means any type of licensed group day care program, including care of the developmentally disa-
bled, nurseries for children of working parents, nursery schools for children under school age, parent cooperative nurse-
ry schools, play groups for preschool children or programs covering before and/or afterschool care for school children
(also see definition for "family day care home").
Decision, Administrative. "Administrative decision" means any decision made by the director of community devel-
opment, or his or her designee.
Decision, Discretionary. "Discretionary decision" means a decision requiring the exercise of judgment, deliberation
or decision on the part of the decision-making authority in the process of approving or disapproving a particular activi-
ty, as distinguished from situations where the decision-making authority merely has to determine whether there has
been conformity with applicable statutes, ordinances or regulations.
"Decision-making authority" means an individual or body vested with the authority to make recommendations or act
on application requests. The final decision-making authority is the one which has the authority to act on a request by
approving or denying it. This may include the director of community development or designee, the planning commis-
sion, or the city council.
Decision, Ministerial. "Ministerial decision" means decisions approved by a decision-making authority based upon a
given set of facts in a prescribed manner in obedience to the mandate of legal authority. In these cases, the authority
must act upon the given facts without regard to its own judgment or opinion concerning the propriety or wisdom of the
act although the statute, ordinance or regulation may require, in some degree, a construction of its language by the deci-
sion-making authority.
"Decor" means the style of interior finishes such as the style of furniture, wall coverings, or permanent fixtures.
"Denial without prejudice" means denial of an application request based on the desire or intent of the decision-
making authority to not form an adverse opinion or judgment formed beforehand or without full knowledge or com-
plete examination of the facts.
"Denial with prejudice" means denial of an application request based on the desire or intent of the decision-making
authority to limit the filing of requests to use a specific property or structure for a specific use. When an application is
denied with prejudice, it is usually because two (2) or more similar applications on the same property have recently
been denied by the same decision-making authority.
"Development project". Any activity which requires approval by the City resulting in the issuance of grading, build-
ing, plumbing, mechanical, or electrical perm its, or certificates of occupancy to construct or change the use of a build-
ing, or property for residential, commercial, mixed, and/or industrial use.
"Development project, Major" means any project that accounts for over I 00,000 square feet of non-residential de-
velopment and/or 200 residential units.
"Development project, Minor" means any project that accounts for less than 100,000 square feet of non-residential
development and/or less than 200 residential units.
"Disability" means the same as that term is defined in the Fair Housing Laws.
"Disabled person" or "individual with a disability" means a person who has a physical or mental impairment that
limits or substantially limits one (I) or more major life activities, anyone who is regarded as having such impairment,
or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws. This term does
not include impairments, disorders or conditions resulting from the current, illegal use ot~ or addiction to, a controlled
substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania.
''Distribution facility" see Transportation Services, Distribution Facility.
Ordinance No. 515
Page 29
"Domestic birds" mean finches, myna birds, parrots and similar birds of the psittacine family, pigeons, doves, ravens
and toucans.
Drilling, Temporary Geologic. "Temporary geologic drilling" means bona fide temporary search and sampling ac-
tivities which, in the case of oil-related testing, use drilling apparatus smaller than that used in oil production. Excluded
from this definition is soil testing for wells, foundations, septic systems and similar construction.
"Dwelling" means a building or portion thereof designed or occupied exclusively for residential purposes.
Dwelling, Caretaker. "Caretaker dwelling" means a dwelling unit used by a caretaker, and his or her family, em-
ployed and working on the premises.
"Dwelling, Employee Housing. "Employee housing" means a residential structure providing accommodations for
six or fewer farmworkers pursuant to Health and Safety Code Section 17008. Facilities serving six or fewer employees
shall be allowed by right in all zones allowing residential uses subject to the same development standards, permits and
fees applicable to a residence in the same zone consistent with Health and Safety Code Section 17021.5.
Dwelling, Farm Worker. "Farm worker dwelling" means a dwelling unit used by a farm worker, and his or her fami-
ly, employed and working on or hired from the premises.
Dwelling, Multifamily. "Multifamily dwelling" means a building, or portion of a building, containing three or more
dwelling units.
Dwelling, Single-Family. "Single-family dwelling" means a detached building constructed in conformance with the
Uniform Building Code, or a mobilehome constructed on or after June 15, 1976, containing one dwelling unit.
Dwelling, Two-Family. "Two-family dwelling" means a building containing two separate dwelling units.
"Dwelling unit" means one or more rooms providing complete independent living facilities for one family, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occu-
pancy of six (6) months or less by a homeless person, and where no individual or household may be denied emergency
shelter because ofan inability to pay.
"Energy production from renewable sources" means any facility or installation such as a windmill, hydroelectric
unit or solar collecting or concentrating array, which is designed and intended to produce energy from natural forces
such as wind, water, sunlight or geothermal heat, or from biomass, for off-site use.
"Energy storage" means a device or group of devices capable of storing energy for use at a later time. Energy stor-
age devices may be referred to as batteries or other physical or chemical storage methods.
"Expansion" means increasing the area or volume occupied by or devoted to a use, increasing the living space or
occupant capacity of a structure, or adding uses or structures accessory to a nonresidential use or structure. The follow-
ing are not considered to be expansion: the addition of unenclosed porches, patio covers and the like; one (I) enclosed
addition of not more than thirty (30) square feet to a dwelling; and the addition of detached accessory structures not for
human habitation as accessory to a dwelling.
"Extremely Low-Income Household" shall have the definition given in California Health & Safety Code section
50 I 06, as it may be amended from time to time.
"Fac;ade" means the face of the front of a building or tenant space oriented onto a street or public open space. Awn-
ings are considered part of the fac;ade.
"Factory-built housing," as defined in Health and Safety Code 19971, is a residential building, dwelling unit, or an
individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured
at an offsite location to be assembled onsite in accordance with the California Building Standards Code and other regu-
lations pursuant to state law. Factory-built housing does not include a mobilehome, recreational vehicle, or commercial
modular. Factory-built housing may be installed where other similar types of dwelling units are zoned and without a
use permit in residential areas.
"Fair Housing Laws" means the Fair Housing Act (42 U.S.C. Section 3601 et seq.), the Americans with Disabilities
Act (42 U.S.C. Section 12101 et seq.), and the California Fair Employment and Housing Act (California Government
Code Section 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing
regulations for each of these statutes.
"Family" means one or more persons living together in a dwelling unit, with common access to, and common use of
all living, kitchen, and eating areas within the dwelling unit.
Ordinance No. 515
Page 30
"Family day care home (small)" means a home which generally provides care, protection, and supervision of up to
eight children, including children under the age of IO years in the provider's own home, for periods of less than 12
hours per day, while the parents or guardians are away.
"Family day care home (large)" means a home which generally provides care, protection, and supervision of up to
14 but no less than seven, including children under the age of IO years in the provider's own home, for periods of less
than 12 hours per day, while the parents or guardians are away.
"Farm worker" means a person principally employed for farm work.
"Fence" means an unroofed vertical structure which is intended primarily to serve as a visual screen or as a physical
enclosure around a building or yard area for security, containment or privacy, or to indicate a boundary. This definition
includes hedges, thick growths of shrubs, and walls used as screens, but does not include windbreaks for the protection
of orchards or crops, or city-approved enclosures for the containment of wild animals.
Fence, See-Through. "See-through fence" means a chain link fence or any other type of fence that permits at least
fifty percent (50%) open visibility throughout the fence.
"Festivals and similar events" mean events such as amusement rides, animal events, art shows, concerts, crat1: fairs,
itinerant shows and religious revival meetings.
"Firewood operation" means any commercial operation involving the cutting, sawing or chopping of wood in any
form for use as firewood on property other than that on which the operation is located, irrespective of where such wood
is grown.
"Fish farm" means any lot or premises where aquatic animals, including mollusks and crustaceans, are raised com-
mercially in an area not enclosed by a building.
"Floor Area Ratio (FAR)" means the numerical value obtained through dividing the above ground floor area of a
building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.
"For-Sale" means and refers to any separately conveyable Dwelling Unit, including a condominium, stock coopera-
tive, community apartment, or attached or detached single-family home, for which a parcel or tentative and final map is
required for the lawful subdivision of the parcel upon which the Dwelling Unit is located or for the creation of the unit
in accordance with the City Subdivision Code, California Subdivision Map Act (Government Code section 66410 et
seq.) at1:er compliance with the applicable requirements of the Subdivided Lands Act (California Business and Profes-
sions Code section 11000 et seq.) listed in the lnclusionary Housing Guidelines for any Residential Development in-
cluding such For-Sale Dwelling Units
"For-Sale Residential Development" means any Residential Development that includes the creation of residential
Dwelling Units that may be sold individually. A Residential Ownership Development also includes condominium con-
versions.
"Garden, Home" means property of a single-family or multifamily residence used for the cultivation of fruits, vege-
tables, plants, flowers, or herbs by the residents of the property, and guests of the property owner.
"Garden, Community" means privately or publicly owned land used for the cultivation of fruits, vegetables, plants,
flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or
more individuals or may be farmed collectively by members of the group and may include common areas maintained or
used by group members for non-commercial purposes
"General plan consistency" means compatibility and agreement with the general plan of the city of Moorpark. Con-
sistency exists when the standards and criteria of the city general plan are met or exceeded.
"Government building" means a building, structure or other facility operated by a legally constituted federal, state or
local government authority, excluding a waste treatment facility.
"Government use" means but is not limited to, city offices, community rooms, fire stations, human services centers,
libraries, police stations, public utility facilities.
"Grade" means adjacent ground level. For purposes of building height measurement, "grade" is the average of the
finished ground level at the center of all walls of a building, or other datum point established by the division of building
and safety.
"Greenhouse" means a building, typically consisting of primarily glass or plastic windows, in which plants are
grown. Minimum property line setbacks shall be 20 feet.
"Greenhouse (small) means a greenhouse with a total floor gross area less than 1,000 sq. ft.
Ordinance No. 515
Page 31
"Greenhouse (medium) means a greenhouse with a total floor gross area between 1,000 sq. ft. And 20,000 sq. ft.
"Greenhouse (large) means a greenhouse with a total floor gross area greater than 20,000 sq. ft.
"Green industry" means the manufacture of equipment, accessories, or components of products known to reduce
energy consumption such as solar panels or wind turbines, or that use recycled and/or repurposed materials to create
new products.
"Gross floor area" means the area included within the surrounding exterior walls of all floors or levels of a building
or portion thereof, exclusive of vent shafts and courts.
"Gun club" means any building or premises where there are facilities of any sort for the firing of handguns, rifles or
other firearms.
"Gymnasium" means an indoor recreational or athletic facility for such uses as aerobics, gymnastics, racquetball,
swimming, skating rinks, tennis and table tennis, trampoline operations and weight training; but not including amuse-
ment and recreational facilities as defined in this chapter.
"Hazardous material" means a substance, or combination of substances, which, because of its quantity or concentra-
tion, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality
or an increase in serious, irreversible or incapacitating, reversible illness; or may pose a substantial present or potential
hazard to human health or to the environment when improperly used, handled, treated, stored, transported, disposed of
or otherwise managed. A material may be judged as hazardous if it is corrosive, reactive, ignitable or toxic.
"Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physi-
cal, chemical or infectious characteristics may do either of the following:
I. Cause or significantly contribute to an increase in mortality or increase serious irreversible, or incapacitating
reversible illness;
2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored,
transported or disposed of, or otherwise managed.
Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include extremely haz-
ardous waste and acutely hazardous waste. (Reference: Section 25117 California Health and Safety Code.)
"Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the
land used for the treatment, transfer, storage, resource recovery disposal or recycling of hazardous waste. A hazardous
waste facility may consist of one ( 1) or more treatment, transfer, storage, resource recovery, disposal, or recycling haz-
ardous waste management units, or combinations of those units. (Reference: Section 25117 California Health and Safe-
ty Code.)
"Height" means the vertical distance from the adjacent grade to the highest point of that which is being measured.
"Height, Building. "Building height" means the vertical distance from the grade to the highest point of a flat roof or
mansard roof, or, in the case of a pitched or hip roof, to the "averaged midpoint," which is arrived at by the drawing of
two (2) imaginary lines between the finished main ridgeline peak and the top of the two (2) exterior finished walls run-
ning parallel to the main ridgeline, adding together the vertical heights of the midpoints of these two (2) imaginary
lines, and dividing the result by two (2). The height of an A-frame structure is the vertical distance from the grade or
other datum point to the peak of the roof.
"High fire hazard areas" mean certain areas in the unincorporated territory of the county classified by the county fire
protection district and defined as any areas within five hundred (500) feet of uncultivated brush, grass or forest-covered
land wherein authorized representatives of said district deem a potential fire hazard to exist due to the presence of such
flammable material.
"Home occupation" means any use customarily conducted entirely within a dwelling and carried on by the inhabit-
ants thereat: which use is clearly incidental and secondary to the use of the structure for dwelling purposes, and which
does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part.
"Home schooling" means home teaching, home independent study, and individual instruction as defined by the Edu-
cation Code, only involving provision of such services to residents of the property.
"Hospital" means a licensed institution providing in-patient care or overnight accommodations for persons with ill-
nesses, injuries, or other conditions, physical or mental, calling for medical treatment or observation, including one (I)
or more of the following basic services: anesthesia, laboratory, nursing, pharmacy, radiology, rehabilitation or surgery.
Ordinance No. 515
Page 32
"Hospital for large animals" means a facility providing acute veterinary care to horses or to cattle or other farm ani-
mals.
"Hotel" means a building with one (I) main entrance, or a group of buildings, containing guest rooms where over-
night lodging with or without meals is provided for compensation.
"lnclusionary Unit" means a Dwelling Unit that must be offered at Affordable Rent or Affordable Ownership Cost,
as applicable, to Extremely Low, Very Low-, Low-, or Moderate-Income Households and where required, remain in
effect for a specified time period, subject to other conditions and monitored by the City or its designee
"Industrial hemp" means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. hav-
ing no more than three-tenths of one percent (0.3%) tetrahydrocannabinol (THC) contained in the dried flowering tops,
whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
"Industrial hemp cultivation" means the planting, growing, harvesting, drying, curing, grading, or trimming of in-
dustrial hemp.
"Industrial hemp manufacturing and processing" means to compound, blend, extract, infuse, process, or otherwise
make or prepare an industrial hemp product.
"Industrial hemp product" means any item, or good, including foods and beverages, personal care products, nutri-
tional supplements, fabrics and textiles, paper, construction materials, and other manufactured and industrial goods,
produced with and containing any amount of industrial hemp.
"Industrial hemp product retail sales" means any person or business selling or offering to sell, or to otherwise con-
vey or exchange for any form of consideration, industrial hemp product. Where the sale of such products is customary,
incidental, and subordinate to the principal use of the use, the use will be considered accessory.
"Industrial hemp research and testing laboratory" means a laboratory, facility, research institution, and/or entity that
offers or performs testing or research involving industrial hemp or industrial hemp products.
"Industrial hemp warehousing" means the storage of industrial hemp.
"Inhabit" means to occupy as a place of residence, to include cooking or sleeping within.
"In-lieu fee" means a fee paid by an Applicant, owner or Developer into the lnclusionary Fee Fund in lieu of provid-
ing on-site inclusionary housing as otherwise required by section 17.24.065.
"Inoperative vehicle" means a vehicle which is not fully capable of movement under its own power or is not li-
censed or registered to operate legally on a public right-of-way. Tractors and similar farm vehicles that are used on a lot
containing an established agricultural operation and are capable of movement under their own power are not considered
to be inoperative vehicles.
"Institutional/public uses" mean and include public facility uses including government buildings, libraries, fire sta-
tions, nonprofit organization buildings and community service centers, but excludes jail facilities.
"Intermediate care facility" means a health facility which provides inpatient care to ambulatory or non-ambulatory
patients who have a recurring need for skilled nursing supervision and need supportive care, but who do not require
continuous skilled nursing care. The term "intermediate care facility" shall include intermediate care/developmentally
disabled facilities for seven (7) or more persons, nursing homes for seven (7) or more persons, rest homes and conva-
lescent homes.
"Kennel ( or cattery)" means any lot or premises where dogs or cats of at least four months of age are kept, boarded,
bred or trained, whether in special buildings or runways, kept for commercial purposes and not for kept as pets by the
occupant of the premises. Intended for the keeping of domestic dogs and cats. Kenneling may occur overnight or on a
daily basis.
"Laundry service-heavy" means establishments primarily engaged in the process of laundering, dry cleaning or
dyeing clothes or other materials. These services are typically provided for hospitals, restaurants, and other retail or
service providers and are not services available to the general public.
"Laundry service-laundromats" mean self-service cleaning facilities which do not involve the use of dry-cleaning
chemicals.
"Laundry service-light" means establishments primarily engaged in the process of laundering, dry cleaning or dye-
ing cloths or other materials. Typical uses include dry cleaning stores.
"Liquor store" means a retail store selling primarily alcoholic beverages for offsite consumption.
Ordinance No. 515
Page 33
"Low-Barrier Navigation Centers" means a housing-first, low-barrier, service-enriched shelter focused on moving
people into permanent housing that provides temporary living facilities while case managers connect individuals expe-
riencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best prac-
tices to reduce barriers to entry, and may include, but is not limited to, the following: ( 1) The presence of partners if it
is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth, (2) pets,
(3) the storage of possessions, and (4) privacy, such as partitions around beds in a dormitory setting or in larger rooms
containing more than two beds, or private rooms.
"Low Income Household" means a Household whose annual income does not exceed the qualifying limits for "lower
income households" in California Health & Safety Code section 50079.5, as it may be amended from time to time.
"Lot" means an area of land having fixed boundaries.
"Lot area" means the total area, measured in a horizontal plane, within the lot lines of a lot.
Lot, Comer. "Comer lot" means a lot situated at the intersection of two (2) or more streets or highways.
"Lot depth" means the mean horizontal distance between the front and rear lot lines, measured in the mean direction
of the side lot lines.
Lot, Interior. "Interior lot" means a lot other than a corner lot.
Lot, Legal. "Legal lot" means a lot which met all local subdivision ordinance and Subdivision Map Act require-
ments when it was created, and which can lawfully be conveyed as a discrete unit separate from any contiguous lot; or
a lot which has been issued a certificate of compliance or conditional certificate of compliance pursuant to the Subdivi-
sion Map Act and the city subdivision ordinance and which can lawfully be conveyed as a discrete unit separate from
any contiguous lot.
"Layout" means the interior arrangement of furniture, service area, or permanent fixtures.
Lot Line.
I. "Front lot line" means a line separating an interior lot from a street, or a line separating the narrower street
frontage of a comer lot from the street, except for L-shaped lots.
2. "Rear lot line" means:
a. rectangular lots: a lot line which is opposite and most distant from the front lot line.
b. Triangular and irregularly shaped lots: a line ten (I 0) feet long within the lot, opposite and most distant from the
front lot line, which is parallel to the front lot line or parallel to the chord of a curved front lot line, where such chord is
drawn perpendicular to the mean direction of lot depth.
3. "Side lot line" means any lot boundary line which is not a front lot line or a rear lot line.
Lot, Reverse Corner. "Reverse comer lot" means a comer lot, the rear of which abuts the side of another lot.
Lot, Through. "Through lot" means a lot other than a comer lot having frontage on two (2) parallel or approximately
parallel streets.
"Lot width" means the distance between the side lot lines measured at the front setback.
"Major life activity" means any physical, mental, or social activity, such as the operation of major bodily functions,
seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning,
reading, concentrating, thinking, communicating, interacting with others, and working.
"Manufactured home," means a structure, transportable in one or more sections, built on a permanent chassis, and
designed for use as a single-family dwelling with or without a foundation when connected to the required utilities, and
includes the plumbing, heating, air conditioning, and electrical systems in accordance with the standards established
under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).
A "manufactured home" does not include a "recreational vehicle". Such uses shall be allowed by right in all zones al-
lowing single-family dwellings.
"Manufacturing" means including, but not 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
17.20.030
"Market Rate Unit" means a new Dwelling Unit in a Residential Development that is not an Inclusionary Unit and
may be at any affordability level.
Ordinance No. 515
Page 34
"Mechanical equipment" means equipment, devices, and accessories, the use of which relates to water supply,
drainage, heating, ventilating, air conditioning, and similar purposes. Mechanical equipment means electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork).
"Mineral resource development" means the exploration for or extraction of surface or subterranean compounds and
materials; this includes oil and gas exploration and production, and the mining of metallic and nonmetallic minerals,
sand, gravel and rock.
"Mining" means a form of mineral resource development involving the extraction and removal of more than one
thousand (1,000) cubic yards of material from the same site, or from separate lots within one ( 1) mile of each other that
are owned or mined by the same person, through such activities and uses as borrow areas, sand, gravel and rock quar-
ries, etc. "Mining" does not include extraction and removal of material from construction sites or following floods,
landslides or natural disasters where the land is being restored to its prior condition.
"Mining, accessory uses" mean uses customarily incidental, appropriate and subordinate to mining located on the
same site, such as stockpiling, sorting, screening, washing, crushing, batching and maintenance facilities.
"Mining, public works maintenance" means mining, and its accessory uses, for periods of less than nine (9) months,
which have been declared in writing by the public works agency to be under its administrative control and which is
necessary to alleviate immediate or foreseen threats to public health and safety, or the preservation of public facilities
and structures. Said uses include such operations as cleaning out and aligning of channels and tloodways, removing
material to avert potential landslides, and accessory processing such as stockpiling, sorting, screening, washing, crush-
ing and batching of on-site material.
"Mixed Use, Horizontal" means development that allows for a combination of different uses within the same build-
ing or side-by-side on the same property or adjacent property, such as a commercial business adjacent to a residential
use.
"Mixed Use, Vertical" means development that allows for a combination of different uses within the same building
such as commercial business occupying lower floors while the upper floors are reserved for housing.
"Mobilehome" means a structure, transportable in one (I) or more sections, which when erected on-site measures
eight (8) body feet or more in width and thirty-two (32) body feet or more in length, and which is built on a permanent
chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required
utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.
"Moderate Income Household" shall have the definition given in California Health & Safety Code section 50093(b),
as it may be amended from time to time.
"Motel" means one ( 1) or more buildings containing guest rooms with one (1) or more such rooms or units having a
separate entrance providing entry directly from the outside of the building or from an inner court. Such facilities are
designed, used or intended to be used, rented or hired out for temporary or overnight accommodations for guests, and
are offered primarily to automobile tourists or transients by signs or other advertising media. "Motel" includes auto
courts, motor lodges and tourist courts.
"Motion picture and television production" means all uses related to the production of motion pictures and television
film and tape, including motion picture and television stages; exterior sets; laboratories; construction, repair and storage
facilities; caretaker and temporary housing; all vehicles used to transport this equipment and other related commercial
vehicles; and accessory fabrication activities.
"Motion picture and television production studio" means a fixed place of business where filming activities (motion
or still photography) are regularly conducted upon the premises.
"Nonconforming structure" means a structure or portion thereof which was lawfully erected or altered and main-
tained, which, solely because of revisions in development standards of this title dealing with lot coverage, lot area per
structure, height and setbacks, no longer conforms.
"Nonconforming use" means a use which was lawfully established and maintained but which, because of the appli-
cation of this title: (I) is no longer permitted in the zone in which it is located; or (2) is no longer in conformance with
the parking requirements of the use in the zone in which it is located.
"Oil and gas exploration and production" means the drilling, extraction and transportation of subterranean fossil gas
and petroleum, and necessary attendant uses and structures, but excluding refining, processing or manufacturing there-
of.
Ordinance No. 515
Page 35
"Outdoor or open storage" means the placement or keeping of materials, equipment or other items in an area not
fully enclosed by the walls of a building. Outdoor or open storage may apply generally to stored equipment, goods,
storage or cargo containers, wares or materials for sale or for use in manufacturing or other use or for the personal use
of a resident. Temporary movement of goods or wares is not considered storage unless the materials remain for more
than 12 hours in the same general area.
"Outdoor sales and services, temporary" means such temporary outdoor uses as sidewalk sales (except swap meets),
seasonal sales and auctions.
Parcel. For the purposes of this title, the word "parcel" shall have the same meaning as the word "lot" and the two
(2) words shall be synonymous.
"Park" means an area of land available for public use, at least seventy-five percent (75%) of which is landscaped or
otherwise left in a natural state, and which does not involve off-road motor vehicle uses of any kind.
"Parking lot" means an off-street parking facility containing four ( 4) or more parking spaces.
"Periodic outdoor sporting events" mean recreational events or activities, other than spectator-type animal events,
which require a natural environment, are carried on by one (1) or more organized groups of people, and do not involve
structures, motorized vehicles, aircraft or firearms.
"Person" means any individual, organization, partnership, or other business association or corporation, including any
utility, and any federal, state, local government, or special district or an agency thereof.
"Personal goods" mean items such as bristle goods, umbrellas, grooming items and tobacco paraphernalia.
"Personal service establishment" means an establishment primarily engaged in providing individual services gener-
ally related to personal needs such as barber shops, beauty salons and spas, personal laundry and dry-cleaning estab-
lishments, pet grooming, and photography studios. These uses may also include accessory retail sales of products relat-
ed to the services provided.
"Petroleum refining" means oil-related industrial activities involving the processing and/or manufacture of sub-
stances such as: asphalt and tar paving mixtures; asphalt and other saturated felts (including shingles); fuels; lubricating
oils and greases; paving blocks made of asphalt, creosoted wood and other compositions of asphalt and tar with other
materials; and roofing cements and coatings.
"Photography studio" means a fixed place of business where still photography activities are regularly conducted
upon the premises.
"Physical or mental impairment" means any physiological disorder or condition and any mental or psychological
disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement,
anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intel-
lectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV dis-
ease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including cur-
rent use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify
as a physical or mental impairment.
"Place of religious assembly" means a place of assembly primarily used for the purpose of religious worship, study,
teaching, and related activities including, but not limited to, space for churches, classrooms, fellowship halls, meeting
rooms, libraries, mosques, offices, sanctuaries, synagogues, and temples, and may include space for social services and
similar functions.
"Pony" means a mature small horse or a young horse under fifty-eight (58) inches high at the shoulder.
"Preliminary processing" means basic activities and operations instrumental to the preparation of agricultural goods
for shipment to market, excluding canning or bottling.
"Prepared industrial hemp ingredients" means an industrial hemp food or ingredient, which is prepared or processed
offsite, which is incorporated into another product not containing industrial hemp. Prepared industrial hemp ingredients
may include prepared CBD oil, hulled hemp seed, hemp fabric or other similar product derived from industrial hemp.
"Private events" means events typically reserved for invite-based attendees and do not include a fee to attend.
"Private road or street" means any road, street or thoroughfare of whatever nature, privately maintained which may
or may not be open to the use of the public for the purpose of vehicular travel.
"Produce stand" means a detached accessory structure used to sell raw, unprocessed fruits, vegetables, nuts and
seeds, and flowers and ornamental plants.
Ordinance No. 515
Page 36
"Public road or street" means any road or street or thoroughfare of whatever nature, publicly maintained and open to
the use of the public for the purpose of vehicular travel.
"Reasonable accommodation" means a modification or exception to the standards, regulations, policies and proce-
dures contained in Title 17 of this code for the siting, development and use of housing or housing-related facilities, that
is necessary to provide an individual with a disability the equal opportunity to use and enjoy a dwelling.
"Recreational facility, private" means indoor or outdoor, with or without food services, including, but not limited to,
batting cages, bicycle and skate facilities, golf courses (including miniature golf and driving ranges), and sports fields.
Bicycles and skate parks shall be in compliance with Chapter 17.28.
"Recreational facility, public" means a non-profit or for profit, including, but not limited to, athletic fields, bicycle
and skate parks, community centers, golf courses, gymnasiums, retreats, or riding stables. Public park and recreation
facilities are permitted in all zones.
"Recreational vehicle" means a vehicle of any size which: (I) is self-propelled or is towed by another vehicle; (2) is
not designed to be used as a permanent dwelling; and (3) has self-contained plumbing, heating and electrical systems
which may be operated without connection to outside utilities. Recreational vehicles do not fall within the definition of
mobilehomes.
"Recreational vehicle park" means any area of land developed primarily for temporary use by recreational vehicles
for which utility connections (sewer, water, electricity) are provided.
"Rental Residential Development" means any Residential Development or property under common ownership and
control that creates one or more net new Dwelling Unit that cannot be lawfully sold individually.
"Residential care facility" means any family home, group care facility, or similar facility determined by the director,
for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining
the activities of daily living or for the protection of the individual as defined by Health and Safety Code and other Cali-
fornia Codes as may be amended over time.
"Residential Development" means any project for which an application has been submitted to the City and where the
Residential Development would create new, additional, or modified Dwelling Units by:
1. The construction or alteration of structures,
2. The conversion of a use to residential from any other use, or
3. The conversion of a use to For-Sale residential from Rental residential use.
"Residential short-term rental unit" means all or any portion of a residential dwelling unit ( detached or attached), or
an accessory building or guest house, rented intermittently for occupancy for residential purposes for periods of thirty
(30) consecutive calendar days or less, counting portions of calendar days as full days.
"Rest home" means a licensed facility where lodging, meals, nursing, dietary and other personal services are ren-
dered for nonpsychiatric convalescents, invalids and aged persons for compensation. Excludes cases of contagious or
communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums and hospi-
tals.
"Retail establishment" means a commercial establishment that provides goods and/or services directly or indirectly
to the consumer such as general retail, eating and drinking places, beauty, personal services, professional office,
amusement, health, fitness, and galleries.
"Retail trade" means businesses such as auto supply stores, book and stationery stores, camera shops, clothing and
fabric stores, department and variety stores, drugstores, florists, food stores, furniture stores, gift and novelty shops,
hardware and paint stores, home furnishings stores, household appliance stores, jewelry stores, liquor stores, music
stores, newsstands, pet stores, shoe stores, sporting goods stores, toy and hobby shops and used merchandise stores.
"Retreat" means a facility which: ( 1) is operated by a nonprofit organization; (2) provides opportunities for small
groups of people to congregate temporarily on a site for such purposes as education, enlightenment, contemplation,
renewal or solitude; and (3) by its nature, needs to be located in a quiet, sparsely populated, natural environment.
"Riding stable" means a facility where horses or other equine animals are rented to members of the public for rec-
reational purposes, where riding lessons are offered for compensation to people other than the owners of said animals,
whether or not the riding occurs on the property on which the animals are kept.
Ordinance No . 515
Page 37
"Roof structure s" mean structure s for th e hou s in g of e levators, stairways , tanks , ventilating fan s and s imil ar equip-
ment required to operate and maintain the buildin g; fire or parapet wall s, sky li g ht s, tow ers , fla gpo les , chimn eys ,
smoke stacks , solar collectors, wireles s ma sts, T.V. ant e nna s and s imilar structures.
"R-zone " mea ns a zone c lass ification und er this title which co ntain s the letter "R" in it s abbreviation , exc ludin g
ove rla y zo nes.
Sc hool s, Boardin g o r No nboardin g. "Boardin g or nonboardin g sc hool s" mean ed ucat ion a l faci liti es for pre-coll ege
leve ls of in struction ; spec ificall y limit ed to e lementary , junior hi g h and hi gh sc ho o ls offer in g full curri cu la as required
by state law. "Boardin g school s" are tho se which provid e lod g in g and meal s for the pupil s.
"Serv ic emark " mean s a word , phra se , sy mbol , or de s ig n, or a co mbination of wo rd s, phra ses , sy mbol s, or des ign s
that id entifi es and distin g ui shes the source of a se rvic e from one party from tho se of others.
"Set back" mea ns th e minimum distance by which structure s are to be separated from the boundary lin es of th e lot o n
which th ey are loc ated, in ord er to provide an ope n ya rd area which is unoccupi ed and unob str ucte d from the ground
upward .
Street
Front Setback Front Setback Fro nt Set back
... r ----r ,----r ,----T ;-
-:I I I -:I -:I I I -:I ~ I I 2
j I 2 j l'! ~ I
3i
-Property Lines -I :ii I I 3i I .
~ ~ I I ~ "0 I I ~ ~ I I . vi ~ ;;;
-.L ----.L .J_ ---L. .J ----.L-
Rear Setback Rear Setback Rear Setback
Rear Set back Rear Setback Rear Setback
R,ar ""'r----r· ·,----r. ,----T ;-
i I p i I I ~ -:I I I 2
-street Sid e l'! j I 3i
3i I q 3i I I ~ I .
"0
~ I
.
I ~
a;
I ~ "0 j I • Interior Side -ill I I ~
-.L ----.L . i, .J ----L .
;;;
• .J ----J. -Front Front Setback Front Setback Front Setback l
Street
Se tback , Front. "Front se tback " mean s an open ya rd area exte ndin g between sid e lot lin es across the front of a lot ,
the depth of which is the required minimum hori zontal di stance between the front lot lin e and a lin e parallel th ereto on
the lot.
Set back , Rear. "Rear se tback" means an open ya rd area extend in g across the rear of the lot between the inn er s ide
lot lin es which is the required minimum horizontal di sta nce betw ee n the rear lot lin e and a lin e parallel th ereto on th e
lot.
Se tback , Side. "S id e se tb ac k" mean s an op en ya rd a rea ex tendin g from the fro nt se tback , or th e front lot lin e where
no front se tback is required , to th e rear se tback ; th e w idth of th e required s id e se tback sha ll be measured hori zo ntall y
from the nearest part of th e s id e lot lin e.
"Se tback , Str ee t S id e "Str ee t side se tback " mea ns an ope n ya rd area ex tendin g from th e front yard se tback , o r th e
front lot lin e where no front ya rd is required , to th e rear ya rd se tback or the rea r ya rd lin e whe re a se tb ac k is not re-
quired ; the width of the required str ee t s ide se tb ac k sha ll be mea sur ed hori zo ntall y from the nea re st part of th e str ee t
sid e lot lin e.
Sha ll a nd Ma y. "Sha ll " is mandatory ; "may " is permi ss iv e .
"S ig ht trian g le" mea ns a visua l / sight di stance trian g ul ar area o n a corner of a lot or a long a driveway , two of th e
sid es of such trian g le be in g formed by ex tendin g two -im ag in a ry lin es from th e corner of th e lor or the edge of th e
driveway adjacent to th e str eet int ersec tion at leas t 15 feet back to th e two points a long th e s id es of the lot parall e l to
th e two inte rsect in g str eets or prop erty lin e, th e third s id e then be in g formed by th e co nn ec ti on of such points .
Ordinance No. 515
Page 38
15'
S ig ns. For s ig n de finition s, see C hapt e r 17.40.
Street
IS 15'
"S in g le-fa mil y dw e llin g" mea ns a buildin g o r portion th ereof designed or occ upi ed exc lu s ive ly for a o ne (I) fami ly
dwe llin g.
"S in g le room occupancy (SRO) unit" mea ns a hou s in g unit in a multipl e-unit buildin g o r faci li ty consisting ofa s in -
g le room , w ith private or shared bath faci liti es, and with private or shared cooking faci liti es.
"S it e" mea ns one (I) or more lots plann ed and deve lop ed as a unit under one (I) pem1it.
"S lee pin g qu art ers" mea ns a s pac e in a structure use d for s lee pin g purpo ses.
"Soc ial Club " mean s any buildin g or pr emi ses use d by an assoc iation of perso ns, organized for so me co mmon pur-
po se, such as for pl eas ur e, recr ea tion , and oth er nonprofitabl e purpo ses for th e bene fit of th e ir member s, but not includ-
in g a g un c lub or an associat ion or group organ ize d to rend er, purcha se or ot herwi se make use of a se rvic e customarily
ca n·ied on as a co mm erc ial e nt erpri se. A soc ial c lub ma y includ e c lubhou ses or se rvic e c lub s.
"Ste pback" mea ns th e upp er story portion of a buildin g that is required to be se tback at a s pec ifi ed di stan ce from th e
story be lo w.
"S tor e" mea ns an enclo se d building hou sin g an es ta bli shm ent offering a spec ified lin e of goo d s or se rvic es for reta il
sa le direct to wa lk -in customers .
"S tory " mea ns th e portion of a buildin g in c lud ed betw ee n th e upp er surfa ce of any floor and th e upp er surfa ce of th e
floor nex t above , exce pt th at the topmo st story shall be th at portion of a buildin g in c lud ed betw ee n the upp er sur face of
th e topmo st floor and th e ceiling or roof above .
"S tructural a ltera tion " mea ns any change in roof lin es or exte rior wa ll s, or in the supportin g memb ers of a building
such as foundation s, bearin g wa ll s, co lumn s, beams, g ird ers, floor joi sts, ro of joi sts or rafters. This includ es any ph ys i-
ca l change which co uld affect the inte g rity of a wa ll , includin g partial or tota l remo va l, movin g a wa ll to another loca -
tion o r ex pandin g the wa ll in term s of he ig ht or le ngth . Minor ac tion s such as addin g a do orway , wa lkway , passage or
wind ow , or attac hin g arc hit ectural fea tures or adornm ent s, are not co nsid ered to be structura l a lterations.
"Structure" means anyt hin g co nstruct ed or e recte d on th e gro und , or that requires loc ati o n on th e gro und , or is at-
tac hed to so me thin g hav in g a lo cation on or in th e g round . "Structure" do es not includ e fences , o r wa ll s use d as fe nc es,
less than s ix (6) feet in he ig ht , or plant materi a ls.
"Supportiv e ho us in g" mea ns ho us in g w ith no limit on lengt h of stay, that is occ upi ed by the ta rget popul at ion , and
that is link ed to an on-site or off-s it e se rv ice that assists th e supp o rtiv e ho us in g res id ent in reta inin g the ho us in g, im -
proving hi s or her hea lth statu s, and max imi z in g hi s or her a bility to li ve and , when po ss ibl e, wo rk in the co mmuni ty.
"Swa p meet" mea ns a mark et operating for th e sa le or exc hange of merchandi se at reta il by a numb er of se ll ers. This
doe s not in c lud e a "garage sa le ," which is a sa le from a residence or res id e nti a l prop erty of perso na l property whi ch ha s
been ow ned or used previou s ly by an individu a l o r resi dent re s idin g o n th e premi ses where th e sa le is co ndu cted.
"Tandem parking" means th e placem e nt of park in g spaces one behind th e ot her, so that the space nea rest th e dr ive-
way o r st reet access se rves as th e onl y mea ns of access to the ot he r space.
"Target popul at ion " means person s with low in co mes who have one or more disabi li tie s, in c ludin g ment a l illn ess,
HIV or A ID S, s ub stance a bu se , or oth er chroni c hea lth co nditi o n, or individu a ls e li g ibl e fo r se rvice s provid ed pursuan t
Ordinance No. 515
Page 39
to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Wel-
fare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with chil-
dren, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings,
veterans, and homeless people.
"Telecommuting" means using your home, or a specifically designated facility, as a place of work.
'Temporary special use permit" means a use which by its nature will not normally exist for more than 90 days at the
proposed location. Said use may normally be allowed to exist only under a development or conditional use permit;
however, due to the temporary nature of the proposed use it is considered an allowed use if granted a zone clearance for
the time specified. Examples of this can be uses such as churches in school facilities, outdoor eating at restaurants, use
of public buildings for nongovernmental purposes, etc.
"Temporary use" means, but not limited to, carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, spe-
cial events, outdoor sales, grand opening events, brush clearance by animals, construction trailers, or similar uses when
in compliance with Chapter 17.44.
Through Lot. See Lot, Through.
"Timber" means trees of any species maintained for eventual harvest for forest product purposes, whether planted or
of a natural growth, standing or down, on privately or publicly owned land, including Christmas trees but excluding
nursery stock.
"Townhouse development" means a subdivision consisting of attached dwelling units in conjunction with a separate
lot or lots of common ownership, wherein each dwelling unit has at least one ( 1) vertical wall extending from ground to
roof dividing it from adjoining units, and each unit is separately owned, with the owner of such unit having title to the
land on which it sits.
"Trailer" means a towed unpowered recreation vehicle towed by a powered vehicle, utility trailer used to haul
goods, materials, and nonbusiness property ( e.g., boat trailer, motorcycle trailer).
"Transitional housing" means buildings configured as rental housing developments but operated under program re-
quirements that require the termination of assistance and recirculating of the assisted unit to another eligible program
recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the as-
sistance.
"Transportation demand management (TOM) facilities ordinance" means alternative travel behavior, usually on the
part of the commuters, through programs of incentives, services and policies. The TDM facilities ordinance addresses
alternatives to single-occupancy motor vehicles such as carpooling and vanpooling, telecommuting, and changes in
work schedules that move trips out of the peak travel period or altogether eliminate them (as in the case of compressed
workweeks).
"Transportation information board" means a bulletin board, display case or kiosk displaying transportation infor-
mation. The board must be located where it is likely to be seen by the greatest number of employees.
"Transportation services, distribution facility" mean establishments primarily engaged in undertaking the transporta-
tion of goods and people for compensation, and which may in tum make use of other transportation establishments in
effecting delivery. This definition includes parking lots for overnight truck storage, and such establishments as com-
mercial distribution services of tangible goods, freight forwarding services and freight agencies. Facility typically en-
gaged in no or negligible onsite retails sales. 17.08.
"Trademark" means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that
identifies and distinguishes the source of a service from one party from those of others.
"Uniform apparel" means standardized items of clothing such as aprons, pants, shirts, dresses, hats, and pins ( other
than name tags), as well as standardized colors of clothing.
"Urgent care" means a medical facility providing walk-in medical services focused on the delivery of medical care
for minor illnesses and injuries in an ambulatory medical facility outside of a traditional hospital. Urgent care facilities
do not provide overnight care or longer-term hospital services or emergency room services.
"Use" means the purpose for which land, or a building or structure is arranged, designed or intended to be used, or
for which it is or may be used, occupied or maintained.
Ordinance No. 515
Page 40
"Utility structures" means the aboveground devices, required by a utility, including poles, lines, and wires, used for
telephone, electric, natural gas, and other distribution or transmission purposes, and natural gas and electrical substa-
tions
"Valve Apparatus" means any flow control device used to handle and control the flow of gases, water, or other liq-
uids such as liquefied petroleum, oxygen, and sour and natural gas.
"Vanpooling" means a group of at least seven (7) commuters traveling to work in a vehicle designed to carry more
than six (6) but less than sixteen ( 16) persons, including the driver, which is maintained and used primarily for work-
related transportation of commuters for the purpose of ridesharing.
"Very Low-Income Household" shall have the definition given in California Health & Safety Code section 50 I 05, as
it may be amended from time to time.
"Veterinary office or hospital" means a medical facility for animals, like dogs, cats, birds, etc.
"Wall" means an upright structure of building material, such as masonry, wood or plaster, serving to enclose, divide
or protect an area, especially a vertical construction forming an inner partition or exterior siding of a building.
"Waste treatment and disposal" means public or private disposal facilities or transfer stations, operated for the pur-
pose of recycling, reclaiming, treating or disposal of garbage, sewage, rubbish, offal, dead animals, oil field wastes,
hazardous waste, or other waste material originating on or off the premises.
"Warehouse or storage" means the placement or keeping of materials, equipment or other items in a fully enclosed
building. Cargo containers are considered outdoor storage, unless placed within an enclosed building.
"Window" means an opening in the wall of a building or vehicle that is fitted with glass or other transparent material
in a frame to admit light or air and allow visibility through the opening.
"Window, clerestory" means a large window or series of small windows along the top of a structure's wall, usually
at or near the roof line and typically running horizontally, no lower than 6 feet from the interior floor of the adjoining
room. Clerestory windows are often used to allow additional light and air, while maintaining privacy.
"Wireless communications facility" means an antenna structure and any appurtenant facility or accessory equipment
located within city limits and that is used in connection with the provision of wireless service as is defined in Chapter
17.42.
"Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward
except as otherwise expressly provided herein.
Yard, Front. "Front yard" means a yard extending between side lot lines across the front of a lot, the depth of which
is the minimum horizontal distance (setback) between the rear lot line and a line parallel thereto on the lot.
Yard, Side. "Side yard" means a yard extending from the front yard, or the front lot line where no front yard is re-
quired, to the rear yard; the width of the required side yard (setback) shall be measured horizontally from the nearest
part of the side lot line.
"Zoning clearance" means a permit which certifies that a proposed structure and/or use of land meets all require-
ments of the city's zoning code and, if applicable, the conditions of any previously approved permit.
Sections:
17.12.010
17.12.020
17.12.030
17.12.040
Chapter 17.12
ESTABLISHMENT OF ZONES,
BOUNDARIES AND MAPS
Purpose and establishment of zones.
Subzones.
Uncertainty of zone boundaries.
Establishment and changes of zone classifications.
Ordinance No. 515
Page 41
17.12.010 Purpose and establishment of zones.
In order to classify, regulate and segregate uses of lands and buildings; to regulate the height and size of buildings;
to regulate the area of yards and other open spaces around buildings; and to regulate the density of population, the fol-
lowing classes of use zones and their subzones are established:
A. Open space (0-S) zone;
B. Agricultural exclusive (A-E) zone;
C. Rural agricultural (R-A) zone;
D. Rural exclusive (R-E) zone;
E. Reserved
F. Single-family residential low (R-L) zone;
G. Single-family residential (R-1) zone;
H. Medium density residential (R-2) zone;
I. Multifamily density residential (R-3) zone
J. Commercial office (C-0) zone;
K. Neighborhood commercial (C-1) zone;
L. General commercial (C-2) zone;
M. Commercial planned development (C-P-D) zone;
N. Industrial Flex (1-F) zone;
0. Industrial park (M-1) zone;
P. Limited industrial (M-2) zone;
Q. Planned community (P-C) zone;
R. Specific plan (S-P) zone;
S. Old town commercial (C-OT) zone;
T. Specific plan-downtown overlay (SP-D) zone;
U. Mixed Use Low District (MUL) zone;
V. Mixed Use Medium (MUM) zone;
W. Mixed Use District (MUD) zone.
17.12.020 Subzones.
A. Lot Size Subzones. The size of lots created in each of the 0-S subzones may be determined by a suffix number
attached to the zone designation on the zoning maps. The application of such suffixes shall be consistent with the gen-
eral plan and Chapter 17.24. All other requirements of the zone contained in this title shall apply to the respective sub-
zones. The suffix numbers shall only be assigned in one thousand (1,000) square foot increments for lots of less than
one (I) acre and increments of one ( 1) acre for lots of one ( 1) acre or more. Unless designated as acres, suffix numbers
from I through 43 are assumed to be in thousands of square feet. The application of suffix numbers shall not create lot
sizes less than the minimum size specified for the 0-S zones. Where no suffix number appears, it is understood that the
minimum lot size specified for the 0-S zone shall apply.
17.12.030 Uncertainty of zone boundaries.
Where uncertainty exists as to the boundaries of any zone as shown on any zoning map or part thereof, the following
rules of construction shall apply:
A. Boundaries Following Lot Lines. Where such boundaries are indicated as approximately following street and
alley lines or lot lines, such lines shall be construed to be such boundaries.
B. Boundary by Scaling. In the case of unsubdivided property and where a zone boundary divides a lot, the loca-
tions of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale ap-
pearing on such zoning map.
Ordinance No. 515
Page 42
C. Boundary Upon Street Abandonment. Where a public street or alley is officially vacated or abandoned the zon-
ing regulations applicable to abutting property on each side of the centerline shall apply up to the centerline of such
vacated or abandoned street or alley on each respective side thereof.
D. Determination of Uncertainties. In cases where the precise location on the ground of lines or boundaries depict-
ed on the zoning maps is still uncertain after application of the above rules, the director of community development is
authorized to resolve the uncertainty.
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 17.44.
Purpose.
Chapter 17.16
PURPOSES OF ZONES
Sections:
17.16.010
17.16.020
17.16.030
17.16.040
17.16.050
17.16.060
17.16.070
17.16.080
17.16.090
17.16.100
Open space/agricultural zones.
Rural residential zones.
Urban residential zones.
Commercial zones.
Industrial zones.
Special purpose zones.
Overlay zones.
Institutional zones.
Mixed-Use zones.
17. I 6.010 Purpose.
The categories and purposes of land use zones in the city are established as set out in this chapter.
17.16.020 Open space/agricultural zones.
A. Open Space (0-S) Zone. The purpose of this zone is to provide for the conservation of renewable and nonre-
newable natural resources of open land area. This allows future land use options that are reasonable and compatible
uses on open lands in the city.
B. Agricultural Exclusive (A-E) Zone. The purpose of this zone is to preserve and protect commercial agricultural
lands as a limited and irreplaceable resource, to preserve and maintain agriculture as a major industry in the city and to
protect these areas from the encroachment of nonrelated uses which, by their nature, would have detrimental effects
upon the agriculture industry.
17.16.030 Rural residential zones.
A. Rural Agricultural (R-A) Zone. The purpose of this zone is to provide for and maintain a rural setting where a
wide range of agricultural uses are permitted while surrounding residential land uses are protected.
B. Rural Exclusive (R-E) Zone. The purpose of this zone is to provide for and maintain rural residential areas in
conjunction with horticultural activities, and to provide for a limited range of service and institutional uses which are
compatible with and complementary to rural residential communities.
C. Reserved.
17 .16.040 Urban residential zones.
A. Single-Family Residential Low (R-L) Zone. The purpose of this zone is to provide for and maintain areas which
are appropriate for single-family dwellings on individual lots at a lower density.
Ordinance No. 515
Page 43
B. Single-Family Residential (R-1) Zone. The purpose of this zone is to provide for and maintain areas which are
appropriate for single-family dwellings on individual lots.
C. Medium Density Residential (R-2) Zone. The purpose of this zone is to provide for and maintain residential
areas allowing single-family, two single-family dwelling units or a two-family dwelling unit, or multi-family develop-
ments on lots which meet the minimum area requirements of this zone.
D. Multifamily Residential (R-3) Zone. The purpose of this zone is to provide for and maintain a mix of attached
multifamily residential housing types.
17.16.050 Commercial zones.
A. Commercial Office (C-O) Zone. The purpose of this zone is to provide suitable locations for offices and ser-
vices of a professional, clerical or administrative nature.
B. Neighborhood Commercial (C-1) Zone. The purpose of this zone is to provide areas for retail convenience
shopping and personal services to meet the daily needs of neighborhood residents.
C. General Commercial (C-2) Zone. The purpose of this zone is to provide areas for shopping and personal ser-
vices that is not limited to meet the daily needs of the immediate neighborhood.
D. Commercial Planned Development (C-P-D) Zone. The purpose of this zone is to encourage the development of
coordinated, innovative and efficient commercial sites and to provide areas for a wide range of commercial retail and
business uses, including stores, shops and ofiices supplying commodities or performing services for the surrounding
community.
E. Old Town Commercial (C-OT) Zone. The purpose of this zone is to provide development standards and uses
within the downtown specific plan area, approved in Specific Plan 95-1, in order to ensure compatibility and coordina-
tion of uses within the downtown planning area.
17.16.060 Industrial zones.
A. industrial Park (M-1) Zone. The purpose of this zone is to provide suitable areas for the exclusive development
of light industrial, service, technical research and related business office uses in an industrial park context, in conjunc-
tion with stringent standards of building design, noise, landscaping and performance.
B. Limited industrial (M-2) Zone. The purpose of this zone is to provide suitable areas for the development of a
broad range of industrial and quasi-industrial activities of a light manufacturing, processing or fabrication nature, while
providing appropriate safeguards for adjoining industrial sites, nearby nonindustrial properties and the surrounding
community.
C. Industrial Flex (1-F) Zone. The purpose of this zone is to provide a broader mix of light industrial and specialty
or destination commercial uses, as well as provide services for employees and businesses located within the vicinity.
Examples of uses include makerspaces, small business incubators or start-up spaces, business offices and service-based
commercial uses such as restaurants, brew pubs, coffee houses, and similar uses that activate the area in the evening
and weekends.
17.16.070 Special purpose zones.
A. Specific Plan (S-P) Zone. This suffix shall be used for property that is subject to a specific plan. The purpose of
this suffix is to provide the city with a zone that allows for development with a comprehensive set of plans, regulations,
conditions and programs for guiding the orderly development of the specific plan area, consistent with the city's gen-
eral plan; and that the specific plan shall serve as the zoning regulations.
17.16.080 Overlay zones.
A. The purpose of overlay zones is to superimpose particular zones on existing base zones, thus establishing addi-
tional regulations and either reducing or extending permitted uses.
B. Specific Plan-Downtown (SP-D) Overlay Zone. The purpose of this overlay zone is to provide for special de-
sign standards and to control uses within the downtown core area.
Ordinance No. 515
Page 44
17 .16.090 Institutional zones.
Institutional (I) zones are zones to be used by private or public entities for the public benefit and shall contain uses
such as a school, church, library, museum, or like uses.
17.16.100 Mixed Use zones.
A. Mixed Use Low (MUL) Zone. The purpose of this zone is to provide for neighborhood-serving goods and com-
mercial services and/or multi-family residential in a mixed-use format (vertical or horizontal). Buildings in this desig-
nation will be designed to be walkable with wide sidewalks, active street frontages, and minimal setbacks from the
back of the sidewalk.
B. Mixed Use Medium (MUM) Zone. The purpose of this zone is to provide for a mix of commercial, office, and
housing development in buildings to achieve project feasibility. Buildings will contain active ground floor uses located
at or near the sidewalk with housing or office next to or above.
C. Mixed Use District (MUD) Zone. The purpose of this zone is to allow larger sized properties to be developed
with a mix of uses that may include buildings developed for a single use ( such as retail, office, restaurant, and housing)
and/or structures that integrate multiple uses vertically (such as housing above ground level retail). Typically, such pro-
jects establish a compact, walkable, "village-like" environment where buildings are grouped along external and internal
street frontages and pedestrian-oriented pathways, plazas, and open spaces, with parking located in structures or subter-
ranean. A model for the redevelopment of underutilized commercial centers.
Sections:
17.20.010
17.20.020
17.20.030
17.20.040
17.20.050
17.20.060
17.20.070
Purpose.
Use of matrices.
Uses not listed.
Reserved.
Chapter 17.20
USES BY ZONE
Permitted uses in open space, agricultural, residential and special purpose zones.
Permitted uses in commercial and industrial zones.
Permitted uses in mixed-use zones
17.20.010 Purpose.
The purpose of this chapter is to provide a comprehensive list of uses that would be allowed through the issuance of
a zoning clearance and through discretionary permit approval in the various zones within the city.
17.20.020 Use of matrices.
The use matrices indicate the level of review required for each use. Review requirements are subject to Chapter
17.44 of this title.
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 develop-
ment director and payment of a review fee established by council resolution. The community development director
shall review the proposed use within ten ( I 0) calendar days and render a written decision based upon the findings be-
low.
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 communi-
ty development director has based the determination.
Ordinance No. 515
Page 45
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 in accordance with Chapter 17.44.
17.20.040 Reserved.
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 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 IO or more
units. All uses, as applicable, shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regu-
lations.
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL,
RESIDENTIAL, AND SPECIAL PURPOSE ZONES
= Not permitted
P = Permitted
AP = Administrative Permit
ZC = Permitted by Zoning Clearance
TUP = Permitted by Temporary Use Permit
CUP = Permitted by Conditional Use Permit
Zones o-s A-E R-A R-E R-L R-1 R-2
A. Agricultural Uses (minimum lot size of 5 acres required)
1. Animal Husbandry as
a primary use in ac-
cordance with Chap-
ter 17.28
a. Without Structures zc zc zc zc ---
b. With structures of
total gross floor areas
per lot:
-Less than 1,000 sq. zc zc zc zc ---
ft.
-1,001-20,000 sq. ft. AP zc AP ----
-20,001-100,000 sq. CUP AP -----
ft.
->100,000 sq. ft. CUP ------
2. Animal hospitals, for CUP CUP CUP ----
large animals
3. Apiculture in accord-zc zc zc zc zc zc -
ance with Chap-
ter17.28 (1-acre mini-
mum lot area)
R-3 TPD
--
--
--
--
--
--
--
Ordinance No. 515
Page 46
Zones
4. Crop production
where no structures
are involved
5. Greenhouses With a
total gross floor area
per lot:
-Less than 1,000 sq.
ft.
-1,001-20,000 sq. ft.
-> 20,000 sq. ft.
6. Kennels and catter-
ies (domestic) see
Chapter 17.28
7. Commercial Board-
ing, equine or other
similar animals (mini-
mum lot size of 1 acre)
8. Wholesale nurseries,
tree farms and orna-
mental plant farms
including container
plants. (See Chap-
ter 17.28) *Only al-
lowed in these zones
when within overhead
electrical utility corri-
dors.
9. Wildlife sanctuaries
10. Commercial canna-
bis activity except as
provided in Ta-
ble 17.20.050(0)(16)
and (17)
11. Cultivation of in-
dustrial hemp
12. Industrial hemp
warehousing, and
manufacturing and
processing
B. Residential Uses
1. Bed and breakfast
inns
2. Family day care
homes (small)-
3. Family day care
0-S
zc
zc
AP
CUP
CUP
zc
AP
CUP
-
-
-
-
p
zc
A-E R-A R-E R-L R-1 R-2 R-3 TPD
zc zc zc -----
zc zc zc -----
AP AP AP -----
CUP -------
CUP CUP CUP -----
zc zc zc -----
AP AP AP -AP* ---
CUP -------
--------
--------
--------
CUP CUP CUP CUP CUP CUP CUP -
p p p p p p p p
zc zc zc zc zc zc zc zc
Ordinance No. 515
Page 47
Zones
homes (large)-
4. Home schooling
5. Transitional and
supportive housing
(structure subject to
the same zoning re-
quirements, permitting
procedures, and regu-
latory requirements as
other residential uses
of the same type in the
same zoning district)
6. Residential care facil-
ity located within an
existing residential
structure (structure
subject to the same
zoning requirements,
permitting procedures,
and regulatory re-
quirements as other
residential uses of the
same type in the same
zoning district)
7. Dwellings, single
family
a. Standard construe-
tion, including manu-
factured and factory-
built housing con-
sistent with Chap-
ter 17.28 (for 10 or
more homes con-
structed in the R-A,
R-O, R-E, 0-5, A-E, R-
L, R-1, R-2, and R-3
zones a planned devel-
opment permit is re-
quired)
b. Less than 10 afford-
able or senior housing
units when in compli-
ance with Chap-
ter17.64
C. Accessory dwelling
units when in compli-
ance with Chap-
0-S A-E R-A R-E R-L R-1 R-2 R-3 TPD
p p p p p p p p p
p p p p p p p p -
p p p p p p p p p
AP AP AP AP AP AP AP AP AP
----AP AP AP AP -
p p p p p p p p -
Ordinance No. 515
Page 48
Zones
ter 17.28
8. Dwellings, two-
family or two single-
family dwellings on 1
lot
a. Two dwelling units
b. Two dwelling units
for affordable or senior
housing units when in
compliance with Chap-
ter 17.64
9. Dwellings, multiple
family (three or more
units)
a. Less than 10 dwelling
units (for 10 or more
homes constructed in
the R-A, R-L, R-E, R-1,
R-2, and R-3 zones a
planned development
permit is required)
b. Less than 10 afford-
able or senior housing
units when in compli-
ance with Chap-
ter17.64
c. 10 or more dwelling
units (Residential
Planned Development
Permit required for any
project resulting in 10
or more units)
10. Mobilehome parks
in compliance with the
applicable standards of
the zone in which it is
located. It shall include
recreation facilities
with minimum distance
between structures of
10 feet and minimum
distances between ac-
cessory structures of 6
feet
11. Model homes,
temporary office for
0-S
-
-
-
-
-
-
-
A-E R-A R-E R-L R-1 R-2 R-3 TPD
--AP AP AP AP AP -
--AP AP AP AP AP -
--AP AP AP AP AP -
--AP AP AP AP AP -
-RPO RPO RPO RPO RPO RPO RPO
-CUP CUP CUP CUP CUP CUP CUP
AP AP AP AP AP AP AP -
Ordinance No. 515
Page 49
Zones
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 develop-
ment director (Tempo-
rary construction trail-
ers require a Tempo-
rary Use Permit)
12. Residential short-
term rental units
0-S
-
C. Public and Quasi-Public Uses
1. Places of religious -
assembly, with or
without schools and/or
social services, includ-
ing emergency shelters
2. Social clubs with or -
without alcoholic bev-
erage sales
3. Colleges and univer--
sities
4. Energy production CUP
from renewable re-
sources
5. Governmental uses CUP
including, but not lim-
ited to, city offices,
community rooms, fire
stations, human service
centers, libraries, po-
lice stations, public
utility facilities
A-E R-A R-E R-L R-1 R-2 R-3 TPD
--------
-CUP CUP CUP CUP CUP CUP -
-CUP CUP CUP CUP CUP CUP -
--CUP -----
CUP CUP ------
CUP CUP CUP CUP CUP CUP -
Ordinance No. 515
Page 50
Zones
6. Utility structures
(electrical boxes, trans-
formers and valve ap-
pa rat us that have no
covered floor area and
are attached to the
ground by poles, col-
umns or pedestals shall
not require a zoning
clearance)
7. Wireless communi-
cations facilities
a. Major wireless
communications facili-
ties
b. Minor wireless
communications facili-
ties
c. Collocation wireless
communications facili-
ties ( consistent with
definition of "colloca-
tion facility" in Sec-
tion 17.42.020)
d. Modification of ex-
isting wireless commu-
nication facilities that is
not a substantial
change (pursuant to
Section 6409 (a) of
Middle-Class Tax Relief
and Job Creation Act of
2012)
0-S A-E
AP AP
CUP CUP
AP AP
zc zc
zc zc
D. Accessory and Miscellaneous Uses
1. Animal keeping as an
accessory use when the
primary use is residen-
tial in accordance with
the requirements of
Chapter 17 .28
a. Apiculture zc zc
(*minimum lot size: 1
acre)
b. Aviaries (*minimum AP AP
lot size: five [5] acres)
c. Farm animals includ-p p
R-A R-E R-L R-1 R-2 R-3 TPD
AP AP AP AP AP AP AP
CUP CUP CUP CUP CUP CUP CUP
AP AP AP AP AP AP AP
zc zc zc zc zc zc zc
zc zc zc zc zc zc zc
zc zc zc zc ---
AP AP -----
p p p ----
Ordinance No. 515
Page 51
Zones
ing horses and ponies
subject to the require-
ments of Chapter 17.28
d. Pet animals are al-
lowed in all zones sub-
ject to the require-
ments of Chapter 17.28
e. Wild animals subject
to the requirements of
Chapter 6.24
2. Accessory structures
a. Balcony, deck, patio
covers, room additions,
or storage sheds (Sheds
and other similar struc-
tures as described in
Chapter
17.24.025.A.7.b are
Permitted)
b. Fences and walls less
than six (6) feet and
retaining walls less
than three (3) feet in
height, paving and
decks when construct-
ed lower than thirty
(30) inches above the
immediate surrounding
natural grade. (No
building permit re-
quired)
C. Fences and walls
greater than six (6) feet
and retaining walls
greater than three (3)
feet in height, paving
and decks when con-
structed higher than
thirty (30) inches above
the immediate sur-
rounding natural grade
d. Swimming, wading,
ornamental pools, or
spas where a building
permit is required
e. Swimming, wading,
ornamental pools, or
o-s
p
AP
zc
p
zc
zc
p
A-E R-A R-E R-L R-1 R-2 R-3 TPD
p p p p p p p p
AP AP ------
zc zc zc zc zc zc zc -
p p p p p p p p
zc zc zc zc zc zc zc zc
zc zc zc zc zc zc zc zc
p p p p p p p p
Ordinance No. 515
Page 52
Zones
spas where a building
permit is not required
3. Antenna or flagpole,
ground mounted,
non-commercial
a. <35 feet high
b. >35 feet high
4. Dwelling, caretaker
5. Dwelling, employee
housing
6. Dwellings, farm labor
(see Chapter 17.28)
7. Home occupation
when conducted in an
existing residence and
consistent with the
requirements of Chap-
ter 17.28.020.B
8. Maintenance and
minor repair to build-
ings involving structural
alterations
9. Temporary motion
picture, television, or
still photography pro-
duction (see Sec-
tion 17.28.120)
10. Mobilehomes or
recreation vehicle as
temporary dwelling on
the site of an active
building permit during
construction
11. Produce stands (see
Chapter 17.28)
12. Garden, Communi-
ty
13. Recreational facili-
ties-
14. Storage of building
materials in accordance
with the requirements
of Chapter 17.28
15. Storage, open, con-
sistent with Chap-
ter17.28
o-s A-E R-A
AP AP AP
CUP CUP CUP
AP AP AP
zc zc zc
zc zc zc
p p p
zc zc zc
TUP TUP TUP
TUP TUP TUP
zc zc zc
AP AP AP
CUP -CUP
zc zc zc
p p p
R-E R-L R-1 R-2 R-3 TPD
AP AP AP AP AP AP
CUP CUP CUP CUP CUP CUP
AP AP AP AP AP AP
zc zc zc zc zc zc
zc -----
p p p p p p
zc zc zc zc zc zc
TUP TUP TUP TUP TUP TUP
TUP TUP TUP TUP TUP TUP
zc zc ----
AP AP AP AP AP
CUP CUP CUP CUP CUP -
zc zc zc zc zc zc
p p p p p p
Ordinance No. 515
Page 53
Zones
16. Soil testing for
wells, foundations,
septic systems and
similar construction
17. Temporary uses
18. Delivery of adult
use or medicinal can-
nabis, including, but
not limited to, deliver-
ies from mobile dis-
pensaries, except for
deliveries of medicinal
cannabis to a medici-
nal cannabis patient or
their primary caregiv-
ers by licensed medici-
nal cannabis business-
es, as those terms are
defined in state law,
and transporting can-
nabis through the ju-
risdictional limits of the
city for delivery to a
person located outside
the city, where such
transport does not in-
volve delivery within
the jurisdictional limits
of the city
19. Indoor personal
cultivation of cannabis
of up to 6 plants per
private residence when
consistent with Health
and Safety
Code Section 11362.2
(Outdoor personal cul-
tivation of cannabis is
prohibited)
0-S A-E R-A R-E R-L R-1 R-2 R-3 TPD
p p p p p p p p p
TUP TUP TUP TUP TUP TUP TUP TUP TUP
---------
p p p p p p p p p
Ordinance No. 515
Page 54
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 and in the conditions of approval
of any applicable commercial and industrial planned development permits. In addition to the entitlements required by
Table 17.20.060, a planned development permit is required in all commercial and industrial zones for any new con-
struction of building floor area ten thousand ( I 0,000) square feet or greater in commercial zones and fifty-thousand
(50,000) square feet or greater in an industrial zone, and an administrative permit is required in all commercial and in-
dustrial zones for any new construction of less than ten thousand ( I 0,000) square feet of building floor area in a com-
mercial zone and less than fifty-thousand (50,000) square feet of building floor area in an industrial zone. 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 Chapter 17.44. All uses shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and
Regulations.
Table 17.20.060
PERMITTED USES lN COMMERCIAL AND INDUSTRIAL ZONES
= Not permitted
P = Permitted
AP = Administrative Permit
ZC = Permitted by Zoning Clearance
TUP = Permitted by Temporary Use Permit
CUP= Permitted by Conditional Use Permit
Zones c-o C-1
A. Retail and Service Uses
1. Adult businesses when in com---
pliance with Sec-
tions 17.24.040(N), 17.78.050 and
Chapter 5.18
2. Alcoholic beverage sales for off-
site consumption when in conjunc-
tion with another city-approved
retail or service use other than au-
tomobile service station or liquor
store
a. Beer and/or wine -AP 3
b. Beer, wine and other alcoholic -AP 3
beverages
3. Automobile/light
truck/motorcycle
a. Brakes, oil changes, tires and -CUP
shock sales and installation, tune-
ups and other light service and re-
pair (with or without hydraulic lifts)
C-P-D C-OT M-1 M-2
C-2
--zc zc
AP 3 AP 3 AP 3 AP 3
AP 3 AP 3 AP 3 AP 3
AP 3 -AP 3 AP 3
I 1-F
--
-AP 3
-AP 3
--
Ordinance No. 515
Page 55
Zones
b. Car washes, self-service or au-
tomatic with or without automo-
tive services stations
c. Engine rebuilding, transmission
repair, steam cleaning, auto body,
painting
d. Parts and supplies
e. Rental
f. Sales, with or without service and
parts
g. Service stations with or without
mini-marts and with or without
beer and wine sales for off-site
consumption
4. Body piercing and/or tattoo
5. Building supplies
6. Hay and feed sales
7. Hotels, motels, boardinghouses
and bed and breakfast inns when in
compliance with Chapter 5.44
8. Kennels and catteries (8 or fewer
animals)
Kennels and Catteries (9 or more
animals)
9. Liquor stores (when located no
closer than one thousand [1,000]
feet of any other liquor store or
public or private school)
10. Commercial cannabis activity
11. Nurseries (retail) with or with-
out container grown plants when
all equipment and supplies kept in
an enclosed area
12. Nurseries (wholesale and/or
retail) with or without container
grown plants when all equipment
and supplies kept in an enclosed
area
13. Pawnshops when in compliance
with Chapter 5.32
14. Pest control services
15. Private post offices, parcel ser-
vices, copy centers
c-o C-1 C-P-D
C-2
--CUP
---
-zc zc
--AP
--CUP
--CUP
AP AP AP
--AP 3
---
CUP CUP CUP
---
---
-CUP CUP
---
--AP
---
--AP
---
zc zc zc
C-OT M-1 M-2 I 1-F
-CUP CUP --
-CUP CUP --
-zc zc --
-AP AP --
-CUP CUP --
--CUP --
AP
AP 3 -AP 3 -AP 3
CUP -CUP -CUP
CUP ---CUP
-AP 3 AP 3 --
-CUP CUP --
CUP ---CUP
-----
----CUP
--AP -CUP
-----
-AP 3 AP 3 --
zc ----
Ordinance No. 515
Page 56
Zones
16. Psychics, fortunetelling, and
spiritual advisors when in compli-
a nee with Title 5 of the Moorpark
Municipal Code
17. Recreational vehicle storage
yards when not located on parcels
adjacent to arterial roads or free-
ways as shown on the Moorpark
Circulation Element Moorpark
Network Map and with or without
a caretaker dwelling
18. Recycling centers
19. Recycling drop-off bins when
located in an area determined by
the community development direc-
tor not to be in conflict with park-
ing, vehicle or pedestrian circula-
tion
20. Rental and leasing of large
equipment with or without outdoor
storage and repair
21. Retail shops and personal ser-
vice establishments, except as oth-
erwise indicated in this table, in-
eluding, but not limited to, an-
tiques, art and craft dealers and
supplies, bakeries, barbers, beauty
salons, bicycle sales/service, books
and stationery, camera/photo
stores including on-site pro-
cessing, carpet and flooring sales/
cleaning/installation, clothing and
fabric stores, computer sales and
service, department and variety
stores, dry cleaners, electronic
equipment sales and service, flo-
rists, food 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 lock-
smiths, music stores (including rec-
orded music and musical instru-
ment sales, service, and lessons),
newsstands, paint stores, party
C-0 C-1
zc 4 zc 4
--
--
zc zc
--
-zc
C-P-D C-OT M-1 M-2 I 1-F
C-2
zc 4 -----
---CUP --
CUP -CUP CUP --
zc zc zc zc -zc
--AP 3 AP 3 --
zc zc ---zc
Ordinance No. 515
Page 57
Zones
supply sales and rental, pet groom-
ing, pet sales and supplies, phar-
macies, photography studios, pool
and spa sales and supplies, shoe
stores, sporting goods and eques-
trian supplies, small equipment
rental (no outdoor storage), toy
and hobby stores, video/DVD/CD
sales and rental, wireless
sales/service, and uses which the
community development director
determines to be similar when in
compliance with Section 17.20.030
22. Warehousing with limited dis-
tribution conducted within a retail
sales establishment combined with
limited distribution and/or ware-
housing not exceeding 40% of gross
floor area of the building/tenant
space in which it is located
23. Retail sales in the M-1 and
M-2 zone limited to a maximum
of 20% of the gross floor area of
the building in which it is located.
In an industrial complex the 20%
shall be computed on the basis of
the cumulative total floor area of
the industrial planned development
(IPD}
24. Retail sales (temporary) in the
M-1 and M-2 zones. Issuance of
a temporary use permit shall take
the place of a zoning clearance
25. Thrift stores, secondhand
shops, consignment stores when in
compliance with Chapter 5.32
26. Tobacco sales l5l
a. Retail smoking products stores,
as defined in Chapter 8.32
b. Sale of tobacco products and
electronic cigarette (vaping) prod-
ucts from retail establishments
other than retail smoking products
stores
c-o C-1
--
--
--
---
--
-AP
C-P-D C-OT M-1 M-2 I 1-F
C-2
AP 3 ----AP 3
--AP AP -AP
-TUP TUP -TUP
AP AP ---zc
CUP -----
AP AP -AP --
Ordinance No. 515
Page 58
Zones
c. Smoking and vaping lounges
where tobacco and vaping products
are sold for on-site consumption
(e.g., cigar lounges, hookah loung-
es, vaping lounges) other than re-
tail smoking products stores
27. Industrial Hemp
a. Industrial hemp product retail
sales, stand-alone retail store
(*consistent with the requirements
of Chapter 17.28.080)
b. Industrial hemp product retail
sales, accessory (sales display area
limited to a maximum of 5% of the
retail floor area of the establish-
ment in which it is located)
B. Eating and Drinking Places
1. Bars with or without entertain-
ment including, but not limited to,
cocktail lounges, cabarets
2. Breweries, micro-breweries,
wineries/tasting rooms, distilleries,
with or without restaurant and
with or without outdoor seating
and with or without entertainment
3. Restaurants and similar estab-
lishments 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 con-
sum pt ion of beer and wine and
other alcoholic beverages and with
or without outdoor seating
b. With drive-in or drive-through
facilities (sale of alcoholic beverag-
es from the drive-in or drive-
through facilities is prohibited) with
or without outdoor seating (Only
permitted in the CPD Zone)
C-0 C-1
--
zc zc
p p
--
--
-CUP
--
C-P-D C-OT M-1 M-2 I 1-F
C-2
------
zc zc ---zc
p p ---p
CUP CUP CUP CUP -CUP
CUP CUP CUP CUP -AP
AP 3 AP 3 AP 3 AP 3 -AP 3
CUP -----
Ordinance No. 515
Page 59
Zones
c. Outdoor dining when in compli-
ance with section 17.28.135 (Out-
door dining located on public
right-of-way shall be permitted
with an Encroachment Permit in
compliance with section 12.04}
C. Office and Professional Uses
1. Financial services
a. Banks and other financial institu-
tions, except those set forth below
b. Check cashing, payday loan, and
vehicle title loan establishments
(Only permitted in CPD Zone)
c. Automated/automatic teller ma-
chines (ATMs}
2. Laboratories: research and scien-
tific
a. Industrial hemp research and
testing laboratory
3. Professional and administrative
offices, including, but not limited
to: accounting, advertising agen-
cies, chiropractic, collection ser-
vices; dental, direct mail marketing
companies, employment agencies,
engineering services, insurance,
investment; medical, optical and
related health services; planning
services (not including hospitals or
urgent care}, real estate services;
secretarial services, travel agencies,
and uses which the community
development director determines
to be similar when in compliance
with Section 17.20.030
4. Veterinary offices and animal
hospitals
a. Without boarding (keeping of
animals indoors and on-site for
medical purposes shall not be con-
sidered boarding)
b. With boarding indoors or out-
doors (8 or fewer animals}
c. With boarding indoors or out-
doors (9 or more animals)
c-o C-1
-AP
zc zc
--
zc zc
zc -
CUP -
zc zc
--
zc zc
--
--
C-P-D C-OT M-1 M-2 I 1-F
C-2
AP AP AP AP -AP
zc zc zc --zc
zc -----
zc zc zc --zc
zc -zc zc -zc
--CUP --CUP
zc zc zc zc -zc
-----
zc zc zc zc -zc
AP 3 -AP 3 AP -AP 3
CUP -CUP CUP --
Ordinance No. 515
Page 60
Zones
5. Animal rescue or animal shelter
a. 8 or fewer animals
b. 9 or more animals
6. Massage establishments when in
compliance with Chapter 5.48 of
the Moorpark Municipal Code
a. Massage establishments with 4
or more massage stations, or
where 20% or more of the floor
area is dedicated to massage ser-
vices {Only permitted in the CPD
Zone)
b. Massage establishments at day
spas, salons, or similar uses with 3
or fewer massage stations, provid-
ed that less than 20% of the floor
area is dedicated to massage ser-
vices
7. Motion picture and television
production
c-o C-1 C-P-D
C-2
--AP 3
-CUP
--CUP
zc zc zc
--cuP 1
D. Manufacturing, Assembly, Distribution, and Warehousing Uses
1. Cement, concrete and plaster. ---
2. Distribution and transportation ---
facilities
3. Heavy machinery repair, includ----
ing trucks, tractors and buses
4. Manufacturing, assembly, and --CUP 1
product fabrication including, but
not limited to, appliances, cabinets,
cleaners, clothing, computers,
cosmetics, detergents, electronics,
furniture, leather products, ma-
chinery, medical and scientific in-
struments, paper, perfumes, phar-
maceuticals, photographic and op-
tical goods, plastic products, signs
and advertising displays, soap, tex-
tiles and other uses which the
community development director
determines to be similar when in
compliance with Section 17.20.030
C-OT M-1 M-2 I 1-F
-AP 3 AP 3 --
-CUP CUP --
-----
zc ---CUP
-CUP CUP -CUP
--CUP --
-CUP CUP --
--CUP --
-zc 4 zc 4 -ZC*
Ordinance No. 515
Page 61
Zones
5. Outdoor storage when in con-
junction with a city approved use
and when all storage is screened by
a 6-foot high masonry wall or sol-
id fence that is architecturally
matched to the primary structure
6. Self-storage or mini-storage
when not located on parcels adja-
cent to arterial roads or freeways
as shown on the Moorpark Circula-
tion Element Moorpark Network
Map and with or without a care-
taker dwelling
7. Warehousing
8. Welding
9. Industrial hemp warehousing,
and manufacturing and processing
(*except that the process of com-
bining prepared industrial hemp
ingredients with other products
shall be allowed as an accessory
use within a permitted processing
or assembly use, with a Zoning
Clearance)
E. Public and Semi-Public Uses
1. Amusement and recreational
facilities as defined in Chap-
ter17.08
a. Arcades (video and computer)
and cyber cafes
b. Health clubs, gymnasiums, fit-
ness centers, and fitness studios for
uses such as martial arts, yoga,
dance, and other similar uses or
combination of uses
i. up to 10,000 square feet
ii. over 10,000 square feet
c. Auditoriums, community cen-
ters, dancehalls, banquet facility,
event facility, and indoor motion
picture theaters (Service of food or
alcohol may require additional
permits)
d. Billiard and pool establishments,
and bowling alleys, without alcohol
C-0 C-1 C-P-D
C-2
--AP 3
---
--cup1, 2
---
---
-zc zc
zc zc
-AP 3 AP 3
CUP CUP CUP
--AP
C-OT M-1 M-2 I 1-F
-AP 3 AP 3 -AP 3
-CUP CUP --
-zc 4 zc 4 -zc 4
-AP AP --
-----
zc ---zc
zc zc zc
AP 3 AP 3 --zc 3
CUP CUP CUP CUP CUP
AP ---AP
Ordinance No. 515
Page 62
Zones
e. Billiard and pool establishments,
and bowling alleys, with alcohol
2. Community care facility
a. Community care facility, six or
few persons.
3. Emergency shelters (see Chap-
ter 17.28) (*allowed in C-2 zone
only, not permitted in CPD zone;
emergency shelters are also al-
lowed in conjunction with permit-
ted places of religious assembly)
4. Single room occupancy unit de-
velopment in compliance with the
requirements of Chap-
ter 17.28 (*allowed in C-2 zone
only, not permitted in CPD zone)
5. Social clubs without alcohol
6. Social clubs with service of alco-
hol
7. Energy production from renewa-
ble resources
8. Energy storage within a building
9. Governmental uses including,
but not limited to, city offices,
community rooms, fire stations,
human service centers, libraries,
police stations, public utility facili-
ties
10. Hospitals including urgent care
11. Places of religious assembly,
with or without schools and/or
social services, including emergen-
cy shelters
i. up to 5,000 square feet
ii. over 5,000 square feet
12. Private education facilities in-
eluding, but not limited to, colleges
and universities, elementary, mid-
die and high schools
c-o C-1 C-P-D
C-2
--AP 3
CUP CUP CUP
AP AP AP
--zc
--ZC*
--AP
--CUP
---
---
CUP CUP CUP
CUP -AP 3
CUP AP AP
CUP AP 3 AP 3
CUP CUP AP 3
C-OT M-1 M-2 I 1-F
AP 3 ---AP 3
-----
-----
-----
-----
-AP -AP AP
-CUP -CUP CUP
--CUP CUP CUP
-CUP CUP CUP CUP
CUP CUP CUP CUP CUP
-AP 3 -AP 3 -
AP AP CUP CUP CUP
AP 3 AP 3 CUP CUP CUP
AP 3 AP 3 -CUP CUP
Ordinance No. 515
Page 63
Zones
13. Private training facilities includ-
ing, but not limited to, professional
and vocational schools, art and
craft schools, music schools not
part of a music store, and driver
training schools
14. Recreational facilities, private
15. Utility structures (electrical
boxes, transformers and valve ap-
paratus that have no covered floor
area and are attached to the
ground by poles, columns or pedes-
tals shall not require a zone clear-
ance)
16. Wireless communications facili-
ties, in accordance with the re-
quirements of Chapter 17.42
a. Major wireless communications
facilities
b. Minor wireless communications
facilities
c. Collocation wireless communica-
tions facilities (consistent with def-
inition of "collocation facility" in
Section 17.42.020)
d. Modification of existing wireless
communication facilities that is not
a substantial change (pursuant to
Section 6409 (a) of Middle-Class
Tax Relief and Job Creation Act of
2012)
17. Funeral home
F. Accessory and Miscellaneous Uses
1. Outdoor sales
2. Retail shops and services as
listed in Table 17.20.060{A)(21)
when the uses are determined by
the community development direc-
tor to be ancillary to office use of
the property
3. Temporary motion picture, tele-
vision, or still photography produc-
tion (and related activities and
structures) in accordance with Sec-
tion 17.28.120
c-o C-1 C-P-D
C-2
CUP CUP AP 3
--AP 3
AP AP AP
CUP CUP CUP
AP AP AP
zc zc zc
zc zc zc
---
CUP CUP CUP
AP --
TUP TUP TUP
C-OT M-1 M-2 I 1-F
AP 3 AP 3 --AP 3
AP 3 AP 3 -CUP AP 3
AP AP AP AP AP
CUP CUP CUP CUP CUP
AP AP AP AP AP
zc zc zc zc zc
zc zc zc zc zc
-AP AP --
CUP CUP CUP -CUP
----AP
TUP TUP TUP TUP TUP
Ordinance No. 515
Page 64
Zones
4. Temporary uses
5. Drive-through facilities associ-
ated with permitted uses in the
zone other than eating and drinking
places (Not allowed in C-2 Zone}
6. Cultivation of industrial hemp
Notes:
C-O
TUP
-
-
C-1 C-P-D
C-2
TUP TUP
-CUP
--
C-OT M-1 M-2 I 1-F
TUP TUP TUP TUP TUP
-CUP --CUP
-----
1.Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in
the circulation element and that are not adjacent to planned residential uses.
2.With at least ten percent (10%} of the floor area of the building dedicated to retail uses.
3.lf within one hundred [100] feet of a residentially zoned property a Conditional Use Permit is required
4.lf within one hundred [100] feet of a residentially zoned property an Administrative Permit is required
5."Permitted" in the Carlsberg Specific Plan requires a zoning clearance.
6.Alcohol or smoking establishment shall be located no closer than 500 feet from a park, school or church.
17.20.070 Permitted uses in mixed use zones.
Permitted uses in mixed zones are set forth in Table 17.20.070 and in the conditions of approval of any applicable
mixed use planned development permits. In addition to the entitlements required by Table 17.20.070, a planned de-
velopment permit is required in all mixed-use zones for any new building construction or conversion of an existing
building to a new mixed-use development which was previously exclusively used for an individual use (for example a
commercial building}. All mixed use planned development permits shall be reviewed by the Planning Commission and
decided by the City Council. 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 Chapter 17.44. All uses shall comply
with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations.
Table 17.20.070
PERMITTED USES IN MIXED USE ZONES
= Not permitted
P = Permitted
AP = Administrative Permit
ZC = Permitted by Zoning Clearance
TUP = Permitted by Temporary Use Permit
CUP= Permitted by Conditional Use Permit
Ordinance No. 515
Page 65
Zones MUL MUM
A. Agricultural Uses (minimum lot size of 5 acres required)
1. Animal Husbandry as a primary use in
accordance with Chapter 17.28
a. Without Structures --
b. With structures of total gross floor areas per lot:
-Less than 1,000 sq. ft. --
-1,001-20,000 sq. ft. --
-20,001-100,000 sq. ft. --
->100,000 sq. ft. --
2. Animal hospitals, for large animals --
3. Apiculture --
4. Crop production where no structures are involved --
5. Greenhouses With a total gross floor area per lot:
-Less than 1,000 sq. ft. --
-1,001-20,000 sq. ft. --
-> 20,000 sq. ft. --
6. Kennels and catteries (domestic) see Chapter 17.28 --
7. Wholesale nurseries, tree farms and ornamental plant farms --
including container plants. (See Chapter 17.28). *Only allowed
in these zones when within overhead electrical utility corridors.
8. Wildlife sanctuaries --
9. Commercial cannabis activity except as provided in Ta---
ble 17.20.050{0)(16) and (17)
10. Cultivation of industrial hemp . --
11. Industrial hemp warehousing, and manufacturing and pro---
cessing
MUD
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
B. Residential Uses -New or converted mixedsuse projects require a Residential Planned Development Permit
1. Boardinghouses and bed and breakfast ---
2. Family day care homes and home schooling, transitional and
supportive housing, and Low-barrier navigation centers:
a. Family day care homes (small) zc zc zc
b. Family day care homes (large) zc zc zc
c. Home schooling zc zc zc
d. Transitional and supportive housing p p p
e. Low-barrier navigation centers zc zc zc
f. Residential Care Facility (subject to the same zoning require-
ments and procedures as other residential uses of the same p p p
type in the same zoning district)
3. Dwellings, single-family
a. Standard construction, including manufactured housing con----
sistent with Chapter 17.28
b. Less than 5 affordable or senior housing units when in com-zc
pliance with Chapter 17.64
zc zc
c. Accessory dwelling units when in compliance with Chap-zc zc zc
ter 17.28
Ordinance No. 515
Page 66
4. Dwellings, two-family or two single-family dwellings on 1
lot
a. Less than 5 dwelling units
b. Less than 5 affordable or senior housing units when in com-
pliance with Chapter 17.64
5. Dwellings, multiple-family
a. Less than 5 dwelling units
b. Less than 5 affordable or senior housing units when in com-
pliance with Chapter 17.64
6. Mobilehome parks in compliance with the applicable stand-
ards of the zone in which it is located. It shall include recreation
facilities with minimum distance between structures of 10 feet
and minimum distances between accessory structures of 6 feet
7. Model homes, temporary 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
8. Residential short-term rental units
C. Public and Quasi-Public Uses
1. Places of religious assembly, with or without schools and/or
social services, including emergency shelters
2. Social clubs with or without alcoholic beverage sales
3. Colleges and universities
4. Energy production from renewable resources
5. Governmental uses including, but not limited to, city offices,
community rooms, fire stations, human service centers, librar-
ies, police stations, public utility facilities
6. Utility structures (electrical 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)
7. Wireless communications facilities
a. Major wireless communications facilities
b. Minor wireless communications facilities
C. Collocation wireless communications facilities (consistent
with definition of "collocation facility" in Section 17.42.020)
d. Modification of existing wireless communication facilities
that is not a substantial change (pursuant to Section 6409 (a) of
Middle-Class Tax Relief and Job Creation Act of 2012)
8. Amusement and recreational facilities as defined in Chap-
ter 17.08
a. Arcades (video and computer) and cyber cafes
b. Health clubs, gymnasiums, fitness centers, and fitness studios
for uses such as martial arts, yoga, dance, and other similar
uses or combination of uses
i. up to 10,000 square feet
ii. over 10,000 square feet
zc zc zc
zc zc zc
zc zc zc
zc zc zc
zc zc zc
---
---
---
CUP CUP CUP
CUP CUP CUP
CUP CUP CUP
---
CUP CUP CUP
AP AP AP
CUP CUP CUP
AP AP AP
zc zc zc
zc zc zc
zc zc zc
zc zc zc
AP 2 AP 2 AP 2
Ordinance No. 515
Page 67
c. Auditoriums, community centers, dancehalls, banquet facili-
ty, event facility, and indoor motion picture theaters (Service of
food or alcohol may require additional permits)
d. Billiard and pool establishments, and bowling alleys, without
alcohol
e. Billiard and pool establishments, and bowling alleys, with
alcohol
3. Community care facility
D. Accessory and Miscellaneous Uses
1. Animal keeping as an accessory use when the primary use is
residentia I in accordance with the requirements of Chap-
ter 17.28
a. Apiculture
b. Aviaries (*minimum lot size: five [S) acres)
c. Farm animals including horses and ponies subject to the re-
quirements of Chapter 17.28
d. Pet animals are allowed in all zones subject to the require-
ments of Chapter 17.28
e. Wild animals subject to the requirements of Chapter 6.24
2. Accessory structures
a. Balcony, deck, patio covers, room additions, or storage sheds
b. Fences and walls less than six (6) feet and retaining walls less
than three (3) feet in height, paving and decks when construct-
ed lower than thirty (30) inches above the immediate surround-
ing natural grade
c. Fences and walls greater 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, ornamental pools, or spas where a build-
ing permit is required
e. Swimming, wading, ornamental pools, or spas where a build-
ing permit is not required
3. Antenna or flagpole, ground mounted, non-commercial
a. <35 feet high
b. >35 feet high
4. Dwelling, caretaker
5. Dwellings, farm labor (see Chapter 17.28)
6. Home occupation when conducted in an existing single-
family home and consistent with the requirements of Chap-
ter 17.28
7. Maintenance and minor repair to buildings involving struc-
tural alterations
8. Temporary motion picture, television, or still photography
production (see Section 17 .28.120)
9. Mobilehomes or recreation vehicle as temporary dwelling on
the site of an active building permit during construction
---
AP AP AP
AP 2 AP 2 AP 2
CUP CUP CUP
---
---
---
---
---
zc zc zc
zc zc zc
AP AP AP
zc zc zc
zc zc zc
AP AP AP
CUP CUP CUP
AP AP AP
---
p p p
p p p
TUP TUP TUP
---
Ordinance No. 515
Page 68
10. Produce stands in compliance with the requirements of
Chapter 17.28
11. Recreational facilities-
12. Storage of building materials in accordance with the re-
quirements of Chapter 17.28
13. Storage, open, consistent with Chapter 17.28
14. Soil testing for wells, foundations, septic systems and simi-
lar construction
15. Temporary uses
16. Delivery of adult use or medicinal cannabis, including, but
not limited to, deliveries from mobile dispensaries, except for
deliveries of medicinal cannabis to a medicinal cannabis pa-
tient or their primary caregivers by licensed medicinal cannabis
businesses, as those terms are defined in state law, and trans-
porting cannabis through the jurisdictional limits of the city for
delivery to a person located outside the city, where such
transport does not involve delivery within the jurisdictional
limits of the city
17. Indoor personal cultivation of cannabis of up to 6 plants per
private residence when consistent with Health and Safety
Code Section 11362.2 (Outdoor personal cultivation of cannabis
is prohibited)
E. Retail and Service Uses -
--
CUP CUP
zc zc
p p
p p
TUP TUP
--
p p
New or converted mixed-use projects require a Residential Planned Development Permit
1. Adult businesses when in compliance with Sections --
17.24.040(N), 17.78.050 and Chapter 5.18
2. Alcoholic beverage sales
a. Alcoholic beverage sales for off-site consumption when in
conjunction with another city-approved retail or service use CUP AP
other than automobile service station or liquor store
b. Beer and/or wine CUP CUP
c. Beer, wine and other alcoholic beverages CUP CUP
d. Liquor stores (when located no closer than one thousand
[1,000] feet of any other liquor store or public or private CUP AP
school)
3. Automobile/light truck/motorcycle
a. Brakes, oil changes, tires and shock sales and installation,
tune-ups and other light service and repair (with or without --
hydraulic lifts)
b. Car washes, self-service or automatic with or without au---
tomotive services stations
c. Engine rebuilding, transmission repair, steam cleaning, auto --
body, painting
d. Parts and supplies --
e. Rental --
f. Sales, with or without service and parts --
-
CUP
zc
p
p
TUP
-
p
-
zc
CUP
CUP
zc
-
-
-
-
-
-
Ordinance No. 515
Page 69
g. Service stations with or without mini-marts and with or
without beer and wine sales for off-site consumption
4. Body piercing and/or tattoo
5. Building supplies
6. Hay and feed sales
7. Hotels, motels, boardinghouses, and bed and breakfast inns
when in compliance with Chapter 5.44
8. Bed and breakfast inns
9. Kennels and catteries
10. Commercial cannabis activity
11. Nurseries (retail) with or without container grown plants
when all equipment and supplies kept in an enclosed area
12. Nurseries (wholesale and/or retail) with or without contain-
er grown plants when all equipment and supplies kept in an
enclosed area
13. Pawnshops when in compliance with Chapter 5.32
14. Pest control services
15. Private post offices, parcel services, copy centers
16. Psychics, fortunetelling, and spiritual advisors when in com-
pliance with Title 5 of the Moorpark Municipal Code
17. Recreational vehicle storage yards when not located on
parcels adjacent to arterial roads or freeways as shown on the
Moorpark Circulation Element Moorpark Network Map and
with or without a caretaker dwelling
18. Recycling centers
19. Recycling drop-off bins when located in an area deter-
mined by the community development director not to be in
conflict with parking, vehicle or pedestrian circulation
20. Rental and leasing of large equipment with or without out-
door storage and repair
21. Retail shops and personal service establishments, except as
otherwise indicated in this table, including, but not limited to,
antiques, art and craft dealers and supplies, bakeries, barbers,
beauty salons, bicycle sales/service, books and stationery, cam-
era/photo stores including on-site processing, carpet and
flooring sales/ cleaning/installation, clothing and fabric stores,
computer sales and service, department and variety stores, dry
cleaners, electronic equipment sales and service, florists, food
markets, gift and novelty stores, hardware and tool stores,
home and office furniture and equipment sales, home appli-
ance sales and service, housewares sales, jewelry stores, key
and locksmiths, music stores (including recorded music and
musical instrument sales, service, and lessons), newsstands,
paint stores, party supply sales and rental, pet grooming, pet
sales and supplies, pharmacies, photography studios, pool and
spa sales and supplies, shoe stores, sporting goods and eques-
trian supplies, small equipment rental (no outdoor storage), toy
---
-CUP AP
---
---
CUP CUP CUP
-AP zc
---
---
---
---
---
---
zc zc zc
---
---
---
CUP AP zc
---
zc zc zc
Ordinance No. 515
Page 70
and hobby stores, video/DVD/CD sales and rental, wireless
sales/service, and uses which the community development di-
rector determines to be similar when in compliance with Sec-
tion 17.20.030
22. Retail sales combined with limited distribution and/or
warehousing not exceeding 40% of gross floor area of the build-
ing/tenant space in which it is located
23. Thrih stores, secondhand shops, consignment stores when
in compliance with Chapter 5.32
24. Tobacco sales
a. Retail smoking products stores, as defined in Chapter 8.32
b. Sale of tobacco products and electronic cigarette (vaping)
products from retail establishments other than retail smoking
products stores
c. Smoking and vaping lounges where tobacco and vaping
products are sold for on-site consumption (e.g., cigar lounges,
hookah lounges, vaping lounges) other than retail smoking
products stores
25. Industrial Hemp
a. Industrial hemp product retail sales, stand-alone retail store
(*consistent with the requirements of Chapter 17.28.080)
b. Industrial hemp product retail sales, accessory (sales display
area limited to a maximum of 5% of the retail floor area of the
establishment in which it is located)
F. Eating and Drinking Places
1. Bars with or without entertainment including, but not limited
to, cocktail lounges, cabarets
2. Breweries, micro-breweries, wineries/tasting rooms, distiller-
ies, with or without restaurant and with or without outdoor
seating and with or without entertainment
3. Restaurants and similar establishments engaged primarily in
the retail sale of prepared food for on-site or off-site con-
sumption 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
b. With drive-in or drive-through facilities (sale of alcoholic
beverages from the drive-in or drive-through facilities is pro-
hibited) with or without outdoor seating (Only permitted in the
CPD Zone)
G. Office and Professional Uses
1. Financial services
a. Banks and other financial institutions, except those set forth
below
b. Check cashing, payday loan, and vehicle title loan establish-
ments.
c. Automated/automatic teller machines (ATMs)
---
AP AP zc
AP AP AP
AP AP AP
---
zc zc zc
p p p
CUP CUP CUP
AP 2 AP 2 zc 2
AP 2 AP 2 AP 2
---
zc zc zc
---
zc zc zc
Ordinance No. 515
Page 71
2. Laboratories: research and scientific
a. Industrial hemp research and testing laboratory
3. Professional and administrative offices, including, but not
limited to: accounting, advertising agencies, chiropractic, col-
lection services; dental, direct mail marketing companies, em-
ployment agencies, engineering services, insurance, invest-
ment; medical, optical and related health services; planning
services, real estate services; secretarial services, travel agen-
cies, and uses which the community development director de-
termines to be similar when in compliance with Section
17.20.030
4. Veterinary offices and animal hospitals
a. Without boarding (keeping of animals indoors and on-site
for medical purposes shall not be considered boarding)
b. With boarding indoors or outdoors
--
AP AP
AP zc
--
5. Massage establishments when in compliance with Chapter 5.48 of the Moorpark Municipal Code
a. Massage establishments with 4 or more massage stations, or
where 20% or more of the floor area is dedicated to massage --
services (Only permitted in the CPD Zone)
b. Massage establishments at day spas, salons, or similar uses
with 3 or fewer massage stations, provided that less than 20% CUP AP
of the floor area is dedicated to massage services
6. Motion picture and television production -AP
Notes:
1. "Permitted" in the Carlsberg Specific Plan requires a zoning clearance.
2. If within one hundred [100] feet of a residentially zoned property a Conditional Use Permit is required.
-
AP
zc
-
-
zc
zc
Ordinance No. 515
Page 72
Sections:
17.24.010
17.24.020
17.24.025
17.24.030
17.24.035
17.24.040
17.24.045
17.24.050
17.24.055
17.24.060
Purpose.
Chapter 17.24
DEVELOPMENT REQUIREMENTS*
Open space, agriculture and residential zone development requirements.
Open space, agriculture and residential property development standards-Additional
requirements.
Open space, agricultural and residential zones walls and fences.
Commercial, industrial and special purpose zone development requirements.
Commercial, industrial and special purpose zones property development standards-
Additional requirements.
Accessory structures in commercial, industrial, and special purpose zones.
Walls and fences in commercial, industrial and special purpose zones.
Mixed-use zone development requirements.
Mixed use zone development requirements -Additional requirements
17.24.010 Purpose.
The purpose of this chapter is to set forth specific development requirements for all zones in the city in order to pro-
vide adequate separation for light, air, safety, and open space as well as to provide an aesthetically pleasing environ-
ment in which to live, work and recreate.
17.24.020 Open space, agriculture and residential zone development requirements.
Table 17.24.020 indicates the minimum development requirements for buildings and accessory structures in the
open space, agricultural and residential zones with respect to lot area, setback, height and building coverage unless in-
dicated otherwise. Maximum density and minimum lot dimensions (A through D) only apply to the creation of new lots
by subdivision or the amendment of existing lots by lot line adjustment and do not otherwise restrict the use of the lot.
Lot areas and dimensions (B through D) do not apply to lots created for public or public utility uses. All setbacks shall
be landscaped except for required walkways and driveways. No parking shall be permitted in any setback area except
when on a driveway or as allowed by Chapter 17.32 (Parking, Access and Landscaping Requirements). Additional de-
velopment requirements are given in the sections following Table 17.24.020. Development in any of the zones shall
follow the requirements of this title, including, but not limited to, parking, lighting, landscaping, signing, operation and
entitlement. All construction must be performed within the hours allowed by Chapters 15.26 and 17.53.
Ordinance No. 515
Page 73
Table 17.24.020
DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R-ZONES
Table 17.24.020
DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R-ZONES
General O-S A-E R-A R-L R-E R-1 R-2 R-3
Require-
ments
A. Density-1 du/10 1 du/40 1.0 3.0 3.0 8.0 24.0 32.0
Maximum acres acres
dwelling
units per
gross acre
1.2
B. Net lot 10 acres 40 acres 1 acre 14,500 14,500, 5,000 5,000 5,000
area, min-
imum (in
square
feet unless
noted) 1•2
C. 1. Lot 110 110 100 80 80 50 50 50
width min-
imum (in
feet)
C. 2. Cul-de-30 30 30 30 30 30 30 30
sac or
odd-
shaped
minimum
lot width
(in feet)
C. 3. Flag lot 20 20 20 20 20 20 20 20
"pole"
front set-
back (in
feet)
D. Lot depth 150 150 100 100 100 60 60 60
minimum
(in feet)
E. Front yard 20 20 20 20 20 20 20 20
and set-
back (in
feet)3
SP, TPD
By permit
By permit
By permit
By permit
By permit
By permit
By permit
Ordinance No. 515
Page 74
F. Side yard
setback,
interior
side (in
feet)3•4
G. Side yard
setback,
street side
(in feet)3•4
H. Rear yard
setback (in
feet)3A
I. Lot cover-
age, max-
imum (in
percent-
age)3
10 10 5
10 10 10
15 15 15
20 10 35
5 5 5 5 5
10 10 10 10 10
15 15 15 15 15
35 35 50 50 60
J. Building 35, with no limitation as to the number of stories so long as the height is not
and struc-exceeded
ture
height,
maximum
(in feet)
Notes:
By permit
By permit
By permit
By permit
By permit
1 Where R-1 zoned parcels have a Neighborhood Mixed Density {NMX) General Plan land use designation, hous-
ing units can be clustered in a mix of residential building types of densities up to 24 du/ac, as long as the density
of 8 du/ac is not exceeded cumulatively for the site. The ability to cluster housing units in excess of 8 du/ac on
any individual parcel is contingent upon the approval of an area plan inclusive of all adjoining parcels designated
NMX that depicts how residential density will be distributed so as not to exceed 8 du/accumulatively. In instanc-
es where individual building densities exceed 8 du/ac, the development standards associated with the R-2 zone
shall apply
2.Required net lot areas in the R-E, and R-1 zones are reduced by fifty percent {50%) when the property owner
has executed an affordable housing agreement with the city to guarantee housing will be affordable to very low-
or lower-income households or to senior citizens in accordance with the provisions of Chapter 17.64 of this title.
3.See Section 17.24.025{A)(6) for exception. See Section 17.44.040{F) for exception.
4.Two {2) story residences with windows facing the adjacent property shall have a minimum ten {10) foot side
yard setback (second (2nd) story only) and a twenty {20) foot rear yard setback (second {2nd) story only) from
the adjacent property line. A second-floor elevation that only features clerestory windows shall not be subject to
this provision
5. In the case of odd-shaped lots, the Community Development Director shall determine the required yards, ref-
erencing typical rectangular lots in the district in which such odd-shaped lot is located. In no case shall such de-
termination constitute a variance from the standards of the zoning district.
Ordinance No. 515
Page 75
17.24.025 Open space, agriculture and residential property development standards-Additional
requirements.
In addition to the standards of Chapter 17 .36, the following standards shall apply:
A. Required Setbacks.
I. Street Setbacks. Street setbacks shall be measured from the ultimate street right-of-way or the maximum re-
quired street width if said street is proposed to be private or is now a private street.
2. Curved Street Setbacks. Each lot or parcel on a cul-de-sac, curved street or dead-end street shall meet the mini-
mum lot width requirement at the required front setback of the zone. The setback is measured along the perpendicular
taken from the front radiused property line (see example below)
PROPERTY UNE -·-·-·-·-·-·-·-·-·-·-•-. ,,,..._
,,, i ' ,,, i ' MINIMUM
FRONT YARD
SETBACK
3. Flag Lots. Flag lots shall meet the minimum setback and lot dimension requirements in the "flag" portion of the
lot. The flag "pole" portion of a flag lot shall not be counted toward the minimum lot area requirement.
4. Existing Setbacks. Where a portion of a residential building is nonconforming in terms of current rear yard
and/or side yard setbacks, the existing distance from the side or rear lot line established by the nonconforming portion
of the building shall be used as the required setback distance for any additions to that building in the side yard and rear
yard areas.
5. Irregularly Shaped Lots. In situations where a single-family residential lot is so irregular, as to prohibit or unduly
restrict the construction of a single-family home, within the required setbacks noted in this title, the community develop-
ment director shall have the authority to alter the setback locations, i.e., front, side and rear yards, to enable the property
owner to enjoy the same privileges as those enjoyed by other property owners in the same area.
6. Side Entry Carports and Garages. In the R-1 and R-2 zones, front setbacks for side entry carports or garages
shall be a minimum of fifteen (15) feet from the front property line.
7. Accessory Structures. Accessory buildings and/or structures shall meet all of the requirements for location of
the main structure as constructed or required by the zone, whichever is less restrictive; except as provided in this sub-
section:
a. A detached accessory structure shall meet the setback requirements of the main building for the front and street
side yard areas.
Ordinance No. 515
Page 76
b. A detached accessory structure may be located within an interior side yard or rear yard provided that such struc-
ture is located no closer than three feet to an interior side or rear lot line, a maximum of 12 feet high, and is at least six
feet from the main structure unless additional fire-resistive construction is provided in accordance with Chapter 15 .08,
Building Code. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses,
provided the projected roof area does not exceed 120 square feet and the height of the structure does not exceed 12 feet
may be located anywhere on a single-family residential lot, except within the front and street side yard areas, provided
the eaves do not overhang adjacent property
c. Swimming pools and spas, including diving boards and slides and similar devices, shall be located a minimum
of three (3) feet from the main structure, within five (5) feet of the rear and side property lines and shall comply with all
fencing requirements of Chapter 15.04 (Building Code) and Section 17.24.030. In no instance shall swimming pools
and spas be permitted within the required front yard setback.
d. Canopies, patios and breezeways attached to the main building or connecting the main building with a detached
accessory building, may extend into a required rear or interior side yard; provided, that portions of such structures ex-
tending into the yard:
i. Shall not exceed 15 feet in height or project closer than five (5) feet to an interior side yard or closer than ten
( I 0) feet at the rear lot line;
ii. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns,
or patios and canopies using two (2) or three (3) sides of an existing residence, in which case the remaining
side(s) must be entirely open with no obstructions. A roof connecting a main building and an accessory building
shall be open on two sides.
e. Architectural features, including but not limited to covered porches, steps, eaves, awnings, chimneys, balconies,
stairways, wing walls and bay windows, may project not more than two and one-half (2 I /2) feet into any required front
yard area, not more than four ( 4) feet into any required rear yard area, and not more than two (2) feet into any required
side yard setback area.
f. Outdoor barbeques, fireplaces, or firepits must be at least IO feet from the main structure and three feet from
interior side and rear property lines.
g. Heating and cooling and other mechanical equipment, including pool equipment, air conditioners, and necessary
appurtenances shall be a minimum of three (3) feet from any side or rear lot line, screened from public view and meet
noise requirements set by Chapter 17.53 of the Moorpark Municipal Code. h. Uncovered porches, plat-
forms, or landings that do not extend above the floor level of the first floor of the main structure may extend into re-
quired setback areas not more than six ( 6) feet.
i. Safety guard railings required for stairs, landings, porches, and depressed ramps may encroach into front, side
or rear setback areas, provided they are open and do not exceed forty-two ( 42) inches in height.
j. Decks on the second (2nd) floor of a home shall be at least ten ( I 0) feet from the rear and side property lines.
The color and the materials of the second (2nd) story deck shall complement those of the main structure.
k. A flagpole not exceeding twenty-five (25) feet in height may be located in the front or rear yard setback area so
long as it is at least ten ( I 0) feet from the front or rear property line and does not encroach into the required side yard or
street side yard setback area. Flag size restrictions shall comply with the requirements of Section 17.40.020 under the
definition of "signs" in item "9."
B. Lot Coverage. Lot coverage shall include all buildings, carports, structures and accessory buildings, except pa-
tios, patio covers that are open on no less than three (3) sides, pools, spas, and freestanding open-air gazebos shall not
be counted as lot coverage.
C. Onsite residential amenities. Multi-family residential developments consisting of 10 or more units, shall provide
the following:
I. Onsite recreational and resident amenities that equal at least I 00 square feet per residential unit. Such amenities
may include, but are not limited to swimming pool, playground, fitness room, community room, BBQ area, outdoor
seating area within a landscaped area, or other amenity as approved by the entitlement review body. Walkways and
general landscape areas are not considered part of onsite residential amenities.
Ordinance No. 515
Page 77
2. Onsite publicly accessible areas equal to at least 15% of the project's net lot area but shall not be required to exceed
I 0,000 square feet or be required on lots of 20,000 square feet or less. These areas shall be located adjacent to, and
accessible from, a public right of way. They shall be contiguous to each other on the project site. The shortest dimen-
sion of these areas shall be a minimum of 15 feet. This area shall be privately maintained by the owner(s) of the resi-
dential development but shall remain publicly accessible and available for public use from 8:00 a.m. to 8:00 p.m. each
day, except as otherwise provided by the project conditions or specific agreement for this use between the property
owner and the City. The publicly accessible amenities required in these areas shall be those intended for public gather-
ing, play spaces, landscaped seating areas, or other amenities as approved by the entitlement review body.
D. Additional onsite residential features required for all multi-family residential developments shall include:
I. Onsite laundry facilities available to all residents. Laundry facilities may be provided in a common laundry room or
within each residential unit.
2. A private, enclosed, secure, locking storage area of at least 100 cubic feet within or adjacent to each residential unit.
This area may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to
al low for storage of personal items, such as bicycles, tools, outdoor furniture, etc.
3. Private or semi-private outdoor patio, porch, yard or other private or semi-private space shall be provided to each
residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities
such as outdoor dining or gathering and shall be accessible directly from the residential unit.
4. Deviations from the requirements 1-3 above may be considered by the Community Development Director where
strict conformance is infeasible. Outdoor patios are not intended for storage.
E. Miscellaneous.
I. Utility Connections. All utility connections shall be designed to coordinate with the architectural elements of
the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be
included in the site plan with screening treatment approved by the director.
2. Floodplain. All development in the floodplain shall be in accordance with the National Flood Insurance re-
quirements and Chapter 15.24 of the Moorpark Municipal Code.
3. Architectural Appurtenances. Steeples, institutional symbols, bell towers, clock towers or other similar architec-
tural appurtenances on institutional buildings in the agricultural, open space, and residential zones may exceed the max-
imum height of thirty-five (35) feet. Proposals for such appurtenances, however, shall be evaluated on a case-by-case
basis in conjunction with the required permit for the proposed use so that architectural compatibility and appropriate
building scale for the neighborhood is achieved and maintained.
4. Residential Roof Replacement. Existing concrete or clay tile roofs on homes located on properties abutting arte-
rial roads as shown in the circulation element of the general plan may only be replaced with roofing of a color and ma-
terial compatible with neighborhood as determined by community development director.
5. Garage Conversions. Conversions of existing garages into habitable space is permitted only when replaced with
the equivalent covered parking as required by Chapter 17.32 unless otherwise allowed pursuant to Section 17.28.020.G
for accessory dwelling units.
6. Antennas, Ground-Mounted. Ground-mounted citizens' band and amateur radio transmitting and receiving an-
tennas, intended for private, noncommercial use accessory to a dwelling, may be erected up to a maximum height of
forty (40) feet. Ground-mounted antennas may be erected above the height limit of forty (40) feet, under the permit
prescribed by this title, provided that no antenna or mast shall exceed seventy-five (75) feet in height, and the design of
such antennas shall be in accordance with Section I 7.28.020(A).
7. Street Improvements. No development shall occur on any property unless all street frontages that the property
abuts or is adjacent to are fully improved according to adopted city standards and consistent with the Moorpark general
plan.
8. Windows, metal roofing, and similar exterior metal architectural features shall not be mirror finish, reflective,
glossy, or polished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adja-
cent properties.
17.24.030 Open space, agricultural and residential zones walls and fences.
Requirements for walls and fences in open space, agricultural and residential zones shall be as follows:
Ordinance No. 515
Page 78
A. A wall, fence, retaining wall or any combination thereof, shall not exceed six (6) feet in height except as herein
provided. When a retaining wall is used to increase usable lot area, the sum total of any combination of fence or wall
and retaining wall shall not exceed six (6) feet in height, unless a five (5) foot landscape area is provided between the
retaining wall and the fence or wall. When the five (5) foot landscape area is provided, each individual fence or wall or
retaining wall shall not exceed six (6) feet in height (see below).
B. Where there is a grade difference between two (2) properties that share a common property line fence/wall, the
fence/wall height shall be measured from the highest finish grade, provided that the distance from the lower grade to
the top of the fence shall not exceed ten ( I 0) feet. Where the height of ten ( I 0) feet would be exceeded, the require-
ments of subsection A of this section shall be met.
C. Fences and walls may be allowed in required front yard area up to six (6) feet in height; however, the last three
(3) feet of the fence or wall shall be constructed of visually open and decorative fencing (at least seventy-five percent
(75%) open, see below), unless the wall is a retaining wall or additional height is approved for noise attenuation pur-
poses.
I l I ( [ I I I • 1 I ( r I 3'
• ~r:mr, ; I ~ I
I i i
I , '
OPEN FENCING
OLID FENCING
STREET
D. Within the R-1 and R-2 areas of the downtown specific plan and in the area north of Los Angeles Avenue be-
tween Moorpark Avenue and Spring Road south of High Street, fences and walls may be allowed in the required front
yard setback area up to six (6) feet in height; however, the last two (2) feet of the fence or wall shall be constructed of
visually open and decorative fencing (at least seventy-five percent (75%) open, see below), unless the wall is a retain-
ing wall or additional height is approved for noise attenuation purposes .
•
2' OPEN FENCING
6' I SOLID FENCING
STREET
Ordinance No . 515
Page 79
E. A so lid wa ll o r fe nce not more than s ix (6) fee t in he ig ht ma y be ma int a in ed a lo ng th e int erior s id e o r rea r lot
lin es , provid ed, that such wa ll or fenc e do es not ex tend into a req uir ed front ya rd excep t for noi se atte nu at ion as re-
quired by th e c ity and as pr ov id ed in thi s cha pt e r.
F. Vi sua l /S ig ht Distance -A wa ll or fe nc e or land sca pe area adjacent to a drivewa y o r street or publi c s id ewa lk
pro v iding vehicu lar access to an a buttin g lot or str ee t shall not excee d thr ee fee t in he ig ht w ithin 15 feet of the int ersec-
tion of th e driv ewa y and th e street ri g ht-of-way and/o r sha ll co mp ly w ith Ca ltran s des ig n standa rd s for s it e vis ibili ty as
ado pt ed by th e c ity. Land sca pin g w ithin th e s ig ht di stance tri ang le sha ll be ma int a in ed be low three fee t and th e bottom
of a tr ee ca nopy sha ll be at leas t eig ht feet a bove th e ground . Fin a l determination sha ll be by th e co mmunity deve lop-
ment d irec tor. Come r cut -offs may be required for safety and visibili ty (see exa mp le be low).
15'
Sidewa lk
Property A
' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' L _______________ _
Street
15'
Prope rty B
15'
---------;
~i
G. Wall s and fenc es in street ya rd fronta ges or vis ibl e from th e stre et sha ll be co nstru cted out of durab le, sub stan-
tia l, and decorativ e materia ls. Fiberg lass sheeti ng , bamboo shee tin g and oth er simil ar nondurabl e materi a ls are not
pe rmitted for fe nc in g in str ee t ya rd fronta ges. Pla in co ncrete materia ls are a lso not permitted for wa ll s in str ee t yard
fronta ges or vi sib le from th e str ee t.
H . A wa ll or fe nce up to ten ( I 0) feet in he ig ht ma y be a ll ow ed by the com munity deve lopment director wh ere
necessary for noi se att enu ation from arte rial str ee ts or ot her noi se sources. Cha in -link or s imil ar mat eri a l fencin g up to
twe lve ( 12 ) feet hi g h, wit h wind sc ree nin g sha ll be permitt ed for tenni s/recre ation co urt s so long as suc h fencin g is lo-
cated out s id e th e required front , s id e and rea r se tback s of th e zo ne in whi ch it is loc ated .
I. Use of barb ed wire strand s, ra zo r wir e , or co ncertin a wir e (co il ed barb ed w ir e) is prohibited in th e open spa ce ,
ag ri c ultural , and res id e nti a l zo nes.
J. With th e approva l of an ad mini strati ve permit , wa ll s or fe nces located a long th e rea r o r str ee t sid e prop erty
lines , whi ch are adj ace nt to an a rt e rial or co ll ecto r ro ad , may be a ll owed to in crease th e visua l wa ll /fe nce he ig ht up to
an add ition a l two (2) fee t throu gh th e con struction of a durabl e meta l ope n tre lli s, so that vi nes may be pl ant ed
throu g hout th e tr e lli s. The tre lli s co nstruction mu st meet c ity stand ards for co nstruction .
K. All fenc es and wa ll s (i nc lu din g retainin g wa ll s) sha ll be co nstruct ed of new o r goo d use d material a nd in ac-
co rdanc e with th e met hods of co nstruction whi ch co nform to th e requir eme nt s of Cha pt er 15.08 , Buildin g Co de . Add i-
tiona ll y, th ey sha ll be mainta in ed in a state of good re pa ir . Any dilapidated, dangero us or un s ig htl y fe nces or reta inin g
wa ll s sha ll be re paired or re move d .
Ordinance No. 515
Page 80
17.24.035 Commercial, industrial and special purpose one development requirements.
Table 17.24.035 indicates the minimum development requirements for buildings and accessory structures in the
commercial, industrial and special purpose zones with respect to lot area, setback, height and building coverage unless
indicated otherwise. Minimum lot area (8) only applies to the creation of new lots by subdivision or the amendment of
existing lots by lot line adjustment and does not otherwise restrict the use of the lot. Minimum lot area (B) also does not
apply to lots created for public or public utility uses. All setbacks shall be landscaped except for required walkways and
driveways. No parking shall be permitted in any setback area except when on a driveway. Additional development re-
quirements are given in the sections following Table 17 .24.035. Development in any of the zones shall follow the re-
quirements of this title including, but not limited to, parking, lighting, landscaping, signing, operation and entitlement.
All construction must be performed within the hours allowed by Chapters 15.26 and 17.53.
Table 17.24.035
DEVELOPMENT REQUIREMENTS FOR COMMERCIAL,
INDUSTRIAL AND SPECIAL PURPOSE ZONES
General Requirements 1 C-0 C-1 C-OT C2, CPD 1-F M-1 M-2
A. Floor Area Ratio, max-0.50 0.35 0.38 0.502 1.0 1.0 1.0
imum {the ratio of
gross floor area to the
gross project site)
B. Lot area, minimum {in None None None None None 10,000 10,000
square feet) 4
C. Front yard setback {in 20 except 20 ex-0 20 ex-15, 20, 20, except
feet)1·4 when next cept cept except except when next
to a 4 or 6 when when Mthen when to or across
lane road, next to next to next to next to the street
then 30 a 4 or 6 a 4 or 6 or or from R
lane lane across across zone, then
road, road, he the 30
then 30 then 30 ~treet street
from R from R
zone, zone,
hen then
30 30
D. Interior side yard set-5 5 0 5 5 ex-5 ex-5 except
back {in feet) 4·5 cept cept when next
when when to R zone,
next to next to then by
R zone, R zone, permit
,hen then
by by
permit permit
I
By permit
By permit
By permit
By permit
Ordinance No. 515
Page 81
General Requirements 1
E. Street side yard set-
back {in feet) 4
F. Rear yard setback {in
feet)4 5
G. Setback {in feet) from
residential zone (0-5,
A-E, R-A, R-E, R-L, R-1,
R-2, R-3 zones)
H. Building and structure
height, maximum 3 {in
feet)
C-0
5 except
when next
to a 4 or 6
lane road,
then 10
10 unless
next to C or
M zone,
then 0
30 feet
25
C-1 C-OT
5 ex-5
cept
when
next to
a 4 or 6
lane
road,
then 10
10 un-10
less unless
next to next
C or M to C
zone, or M
then 0 zone,
then 0
30 feet 30
feet
35 35
I. Parking shall meet the requirements of Chapter 17.32
J. Signage shall meet the requirements of Chapter 17.40
K. Lighting shall meet the requirements of Chapter 17.30
Notes:
C2,CPD 1-F M-1 M-2 I
5 except 5 ex-5 ex-5 except By permit
when cept cept when next
next to a when when to R zone,
4 or 6 next to next to then by
lane R zone, R zone, permit
road, hen then
then 10 by by
permit permit
10 un-10 un-10 un-10 unless By permit
less less less next to C or
next to next to next to M zone,
C or M '::: or M C or M then 0
zone, zone, zone,
then 0 hen 0 then 0
30 feet 30 feet 30 feet 30 feet By permit
By per-30 30 30 By per-
mit mit
1.Measurement of setbacks shall be from the ultimate right-of-way of streets as shown on the adopted circulation
element map of the Moorpark general plan or in the case of a roadway not shown on the circulation element map,
the measurement shall be from the edge of the right-of-way required by the city. Public or private alleys shall not
be counted as part of the required setback.
2.Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as
identified in the circulation element and that are not adjacent to planned residential uses may be developed with
retail furniture or appliance stores with attached distribution/warehouse facilities at a maximum 0.38 FAR when all
other standards of the zoning ordinance are met.
3.Height may be increased {to maximum 50 feet and not to exceed three {3) stories) with approval by city council of
a conditional use permit.
4. See Section 17.44.040{F) for exceptions.
5. Properties located adjacent to railroad property shall provide a minimum rear or sideyard setback of 10 feet. In
the case of odd-shaped lots, the Community Development Director shall determine the required yards, referencing
Ordinance No. 515
Page 82
typical rectangular lots in the district in which such odd-shaped lot is located. In no case shall such determination
constitute a variance from the standards of the zoning district.
17.24.040 Commercial, industrial and special purpose zones property development standards-Additional
requirements.
In addition to the standards of Chapter 17.36, the following standards shall apply:
A. Vehicular Access. Each building site shall have a minimum twenty-five (25) foot wide vehicular access to a
public street.
B. Architectural Appurtenances. Clocks, tower elements, and similar ornamental design elements on structures,
may exceed the maximum height identified in Table 17.24.035, provided, the additional height does not create addi-
tional floor area. Such appurtenances may stand no taller than 15 feet above the maximum allowed height in the zone.
Height beyond such limit for appurtenance structures may be considered with a Conditional Use Permit, provided the
maximum height of the structure does not exceed 60 feet.
C. Windows, metal roofing, exterior metal architectural features shall not be mirror finish, reflective, glossy, or pol-
ished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adjacent properties.
D. Landscaping. All planting and irrigation shall be in accordance with the city's Landscape Manual. All required
landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris.
E. Masonry Walls and Landscape Screens. Where a commercial or industrial development abuts property in any
lower density residential zones (O-S, A-E, R-A, R-L, and R-E), a masonry wall, solid fence, or equivalent noise attenu-
ation structure, a minimum of six (6) feet in height from the highest finished grade at the property line shall be erected
and maintained between such uses and the residential zone.
F. Mechanical Equipment-Screening and Noise Attenuation. All mechanical equipment shall be architecturally
screened from view and isolate noise at the property line between adjacent uses. When ground-mounted mechanical
equipment is used including, but not limited to heating and air conditioning units, such equipment shall be completely
screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and
design plans for any required screening under the provisions of this section shall be approved by the community devel-
opment director and building official.
G. Roof Appurtenances-Screening. All roof appurtenances including, but not limited to, air conditioning units,
roof access ladders, and mechanical equipment shall be located below the lowest roof parapet that exists on the build-
ing to ensure that it is fully screened from view from on-site parking areas, adjacent public streets and adjacent residen-
tially zoned property.
H. Reciprocal Ingress, Egress, Parking and Drainage. Reciprocal ingress, egress, circulation, parking and drainage
arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties as well as
drainage. See Section 17 .32.025 for further restrictions.
I. Testing. Whenever there is a question of conformance with a performance standard of this section or a condi-
tion of approval of the project, the property owner or operator shall engage the services of a qualified and or licensed
professional for the type of testing needed.
J. In all commercial and industrial zones, the conversion of the project to condominium ownership shall meet all
requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case
shall the requirements of the fire code, sign ordinance, and screening standards of this section be waived.
K. No outdoor paging systems or telephone bells or similar devices shall be used on commercial or industrial
properties which abut or are across the street from R-1, R-2, R-3, RE, RA, or RL, residentially or open space zoned
properties.
L. Street Improvements. No development shall occur on any property unless all street frontages that the property
abuts or is adjacent to are fully improved according to adopted city street standards and consistent with the Moorpark
general plan or will be improved to such standard as part of the project.
M. Adult Business Minimum Location Requirements. In addition to meeting all requirements of Section 17 .28.050
and all requirements of Chapter 5.18 of the Moorpark Municipal Code, an adult business may not be located: I.
1. Within five hundred (SOD) feet of any property line that is zoned R-1, R-2, R-L, RE, RA or any residential struc-
ture within another zone, whether inside or outside the city limits; and
Ordinance No. 515
Page 83
2. Within five hundred (500) feet of any church, synagogue, mosque or other publicly recognized place of wor-
ship, whether inside or outside of the city limits; and
3. Within five hundred (500) feet of any public or private school or childcare establishment, whether inside or
outside the city limits; and
4. Within five hundred (500) feet of any public park or playground, or any city facility including but not limited to
City Hall, the city library, and any police or fire station, as measured from the property line of said use; and
5. Within five hundred (500) feet of any property operating a business with a Type 40, 42, 48 or 61 on-site alco-
holic beverage license; and
6. Within one thousand (1,000) feet of any other adult business whether inside or outside the city limits.
The distances specified in this subsection will be measured in a straight line, without regard to intervening struc-
tures, from the nearest point of the premises in which the proposed adult business is to be established to the nearest
property line of a use or zoning classification listed above.
17.24.045 Accessory structures in commercial, industrial, and special purpose zones.
Accessory structures in commercial, industrial and special purpose zones shall be as follows:
A. Accessory structures containing trash enclosures, mechanical equipment, storage or other similar structures
shall not be located in front of or on the street side of the main building(s).
8. Accessory structures shall meet all of the setback requirements for main buildings.
C. Porches, steps, architectural features such as canopies or eaves, and chimneys, balconies or stairways may pro-
ject not more than two and one-half (2 1/2) feet into any required front yard area, not more than four ( 4) feet into any
required rear yard area, and not more than two (2) feet into any required side yard setback area.
D. Outdoor swimming pools and spas shall be located a minimum of three (3) feet from the main structure. Exteri-
or or interior walls and shall comply with all fencing requirements of Chapter 15 .08 (Building Code) and the require-
ments of Section 17.24.050.
17.24.050 Walls and fences in commercial, industrial and special purpose zones.
Wall and fence requirements in commercial, industrial and special purpose zones shall be as follows:
A. In any required front or street side yard area, a wall or fence shall not exceed three (3) feet in height. In the re-
quired front or exterior side yard, where a retaining wall is used to increase usable lot area, a fence or wall not exceed-
ing three (3) feet in height may also be erected; provided, that the fence or wall is set back a minimum of five (5) feet
from the retaining wall.
8. In any required rear or interior side yard area, a wall or fence shall not exceed eight (8) feet in height except in
those instances where there is a grade difference or a noise attenuation requirement. When a retaining wall is used to
increase usable lot area, the sum total of any combination of fence or wall and retaining wall shall not exceed ten ( I 0)
feet in height, unless a five (5) foot landscape area is provided between the retaining wall and the fence or wall.
Ordinance No . 515
Page 84
C. Vi sua l / S ig ht Di sta nce -A wa ll , fence, or land sca pin g area adja ce nt to a driv ewa y or str ee t or public s id ewalk
providin g vehicul ar access to an a buttin g lot or stre et sha ll not excee d thr ee fee t in he ig ht within fifteen ( 15) feet of th e
in te rsec tion of th e drivew ay and th e street ri g ht -of-way and /or sha ll co mpl y with Ca ltra ns's des ign stand ard s for s ite
vis ibili ty. Land sca pin g within th e s ig ht di stanc e trian g le sha ll be ma int a in be low thr ee feet and the bottom of a tr ee
ca nopy sha ll be at least e ig ht feet a bov e th e gro und . Fi na l heig ht dete rmin ation sha ll be by th e comm unity deve lopme nt
d ir ec tor. Co rn e r cut-offs may be required for safety and visib ili ty (see exa mpl e be low).
Sidewalk
15' ·-------------· ' ' ' ' ' ' ' '
Property A
'
'
'
1..----------------
St reet
15'
/
/
/
15'
Property B
D. Wall s and fe nc es in str ee t ya rd front ages or vis ibl e from th e stree t sha ll be co nstructed out of durabl e, sub stan-
tia l, and decora tiv e material s . Fiberg lass sheet in g , bamboo sheetin g or other s imil ar nondurabl e material s are not pe r-
mitt ed for fe nc in g in str ee t ya rd front ages. Pl a in co ncrete material s are a lso not permitt ed for wall s in street ya rd
fro nt ages or vi s ibl e from th e str eet.
E. Wh ere th ere is a grade difference betw ee n two (2) prop e11ies , th e fence /wa l I he ig ht sh a l I be meas ur ed fro m th e
hi g hes t fini sh g rad e, provided, that th e di stanc e from th e lower grade to th e top of th e fence sha ll not excee d ten (10 )
fee t. Where th e he ig ht of ten ( I 0) fee t wo uld be excee ded , th e require ment s of sub sec tion A of thi s section sha ll be met.
F. All fe nces and wa ll s (i nc ludin g retainin g wall s) sha ll be co nstru cted of new or goo d use d mate ri a l and in ac-
co rdanc e with the method s of co nstruction which co nform to th e requirement s of Chapter 15.08 , Buildin g Co de . Addi-
tionally , they sha ll be ma inta in ed in a state of goo d repa ir. Any dil a pidated , dange rou s or un s ig htl y fe nces o r reta inin g
wa ll s sha ll be re paired or re moved.
G. Barb ed Wir e Strand s, Ra zo r Wire or Co nce rtina Wir e (Co il ed Barb ed Wir e). Use of barb ed wire stra nd s, razor
wire or co nc ertina w ir e sha ll not be vis ibl e from a public str eet and shall mee t the fo ll ow in g requirement s:
I. Such fenci ng shall on ly be per mitt ed o n indu striall y zo ned prop erty th at is not adj ace nt to or acros s the stre et
fro m R zo ned prop erty , o r a sc hoo l, and wh ere a find in g ca n be made th at use o f such fencing materi a l is required to
protect th e publi c hea lth , safety and we lfare .
2 . If a pprov ed , such fencing materi a l sha ll be pl aced at the top of a wa ll or fe nce , sha ll have a minimum ve rtic a l
c leara nce of six (6) feet above g rade, and sha ll be maintain ed in a safe co ndition .
3. fn no case sha ll s uch fe nc in g be penn itted a long Los Ange les A ven ue, Ga bb ert Road and Poind exte r A ve nu e.
4. Barb ed wire or any ot her type of w ir e fe nci ng shall not be kept in an un safe, a bandon ed or mater ia ll y da nge rou s
co ndition . Unm a int a in ed w ir e fe nc in g, in c lu din g but not limi ted to , barb ed w ir e, razo r wir e and co nce r1ina wire (co il ed
barbed w ir e), is dec lared to be a pub li c nui sance and sha ll be subj ec t to the nuisance abateme nt procedure , Cha pt er
17.56.
5. Ra zor wire or co nc ertin a w ire shall not be p lace d o n the rooftop of any bui lding .
Ordinance No. 515
Page 85
17.24.055 Mixed use zone development requirements.
Table 17.24.055 indicates the minimum development requirements for buildings and accessory structures in the
mixed-use zones with respect to lot area, setback, height and building coverage unless indicated otherwise. Develop-
ment in any of the zones shall follow the requirements of this title including, but not limited to, parking, lighting, land-
scaping, signing, operation, and entitlement. All construction must be performed within the hours allowed by Chapters
15.26and 17.53.
Table 17.24.055
DEVELOPMENT REQUIREMENTS FOR MIXED USE ZONES
General MUL MUM MUD
Requirements
Vertical Commercial Multi-family Vertical Commercial Vertical Commercial Multi-family
Mixed Use Residential Mixed Use Mixed Use Residential
A. Floor Area Ra-
tio, maximum 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.0
B. Dwelling Units
per Acre, maxi-24 -24 32 -32 -32
mum
~ Dwelling Units ~-
per Acre, mini-
mum (vertical
mixed-use pro-
0 8 0 0 12 ---
jects have no
minimum dwell-
ing units per
acre standard)
D. Front Yard Set-
back 0/5' 0/5' 0/10' 0/5' 0/5' 0/5' 0/5' 0/1 0'
(Min/ Max)
E. Setbacks for
frontages along
Moorpark Ave-0/5' 0/5' 0/1 0' 0/5' 0/5' 0/5' 0/5' 0/1 0' nue and High
Street
(Min/ Max)
F. Width of Front-
age Building to 70% 70% 60% 75% 75% 80% 80% 75% Maintain Mini-
mum setback 2, 5
G.
H.
I.
J.
K.
L.
Ordinance No. 515
Page 86
Maximum lnte-
rior side yard
setback5 (Min I
Max) except
where Fire De-
partment access
shall be re-0/15'
quired, maxi-
mum side yard
setback shall be
no less than re-
quired by the
Fire Department
Min side yard
abutting Non-
Mixed Use Resi-
dential Desig-
nated Zones res-
idential zones 5
Street side
setback 0/5'
(Min/ Max)5
Min Rear yard
setback5 except
where Fire De-
partment access
shall be re-
quired, maxi-10'
mum side yard
setback shall be
no less than re-
quired by the
Fire Department
Min Rear yard
setback abutting
Non-Mixed Use
residential
zones 5
Building and
structure height,
maximum 3•4
0/1 0' 0-15' 0/0 0/0 0/15' 0/10' 0/15'
15'
0/5' 0/5' 0/5' 0/5' 0/5' 0/5' 0/5'
0 10' 10' 0 10' 0 10'
15'
3-stories and 40'
Ordinance No. 515
Page 87
M. Minimum step-Minimum l 0-foot stepback above 28-foot building height shall be applied to the following:
back above 28-• Along primary street frontage.
foot building • Along property lines that are adjacent to Non-Mixed Use Residential Designated
height 4• 5 Zoned properties.
See Figure 17.24.060 and Section 17.24.060(8).
N. Parking re-See 17.32.020
quirements
0. Signage re-
See 17.40 quirements
P. Lighting re-
See 17.30 quirements
Q. Storefront See I 7 .24.060(F) Transparency
R. Minimum Land-
scaping Re-15%
quirement
s. Minimum
Floor Ground
Commercial Re-I 0% or 1,500 gross sq. ft. of ground floor per project site, whichever is less.
quirement for Shall not apply to residential only projects.
mixed-use pro-
jects
T. Free Standing
Residential
Structure Allowed Prohibited Allowed
Allowed along
Frontage
Notes:
1.See Section 17.24.060(A).
2.See Figure 17.24.061 and Figure 17.24.062 for setback examples.
3.Height may be increased (to a maximum of SO feet and not to exceed three (3) stories) with approval by city council of
a conditional use permit.
4.For purposes of stepbacks, the maximum height of a story shall be 14 feet. A single-floor building, measuring more than
14 feet in height shall be accounted as additional stories for each additional 14 feet. For example, a 28-foot-tall single
floor building would qualify as two stories in the mixed-use zones, therefore the structure above 28 feet would be
required to stepback.
5.See Section 17.44.040(F} for exceptions.
Ordinance No . 515
Page 88
Figure 17.24.060 -Stepback Example , Frontage and Street Side
Figure 17.24.065 -Stepback Examp le, Adjacent to Residential Lots
17.24.060 Mixed use zone development requirements -Additional requirements
In addition to th e standards of Chapter 17 .36 , the fo ll owin g sta ndard s shall a ppl y:
A. Buildin g Frontages.
I . Th e maximum se tback shown in Table I 7 .24 .05 5(C) shall a ppl y for th e bui ldin g frontin g the primary str ee t of th e
buildin g fronta ge as shown in Tabl e I 7 .24.0 55 (C).
2. An optiona l activi ty space ma y ex ist within th e area cr eat ed wh en a buildin g fr o nt age is se tb ack up to th e ma x imum
a llow ed fronta ge se tback after th e perc enta ge of required minimum bui ldin g fronta ge perc enta ge in Tabl e 17 .24 .0 55(0 )
is met. Thi s activity s pa ce ca n be use d as outdoor gath erin g area, dinin g, p laza , or simil ar pedes trian ori e ntat ed ac ti vi-
ti es for adjac ent uses.
Ordinance No. 515
Page 89
3. The Director may approve a greater street level building activity setback by zoning clearance for the remaining per-
centage of the property frontage after the building percentage in Table 17.24.55(0) is met.
B. Stepback Design and Use
I. Non-residential stepbacks fronting a residential land use.
i. Public access to the stepback area shall not be permitted and the stepback area shall not be used for seating or out-
side activity.
ii. No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the
ground.
2. Residential stepback area fronting a street or residential use.
i. The wall or railing shall be at least 42 inches in height and be solid to prevent views onto the stepback area from the
ground.
ii. No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the
ground.
iii. Units that open onto the stepback area shall have an accessible outdoor storage area of at least 128 cubic feet with a
closeable solid door.
iv. Balconies open on at least two sides may project into the stepback area provided the balcony is at least five feet from
the side property line.
C. Facade Modulation. Buildings over two stories or over 30 feet in height shall have the following:
I. Every 50 feet along the street frontage through the use of varying setbacks, building entries and recesses, transparent
fenestration at the ground level, or structural bays that shall be a minimum of 12 inches deep and four feet wide and
extend the full height of the building.
2. Every I 00 feet along any street frontage, adjacent public park, or publicly accessible outdoor space through the use
of varying setbacks and/or building entries and shall be a minimum of 30 inches deep and four feet wide and extend the
full height of the building.
D. Blank Wall Elevations. Blank walls, including walls distinguished only by changes in color, are prohibited. Build-
ings shall carry the same architectural treatment as to form and massing, roof design, wall and window design, and ma-
terials and colors on all elevations visible to the public.
E. Building Entries. Building entries shall be designed to create landmark visual reference points and emphasize the
importance of the building entrance by compliance with the following standards:
1. Non-Residential Building Entries. The following standards apply to all ground floor, non-residential portions of a
street-or publicly accessible open space-facing elevations of a building. For non-residential uses, the primary entrance
of a building is defined as the door or doors which provide public access to a lobby or ground floor occupancy.
i. Primary entries shall be directly accessible from the public street frontage or open space. Primary entrances that
front publicly accessible open spaces shall have direct sightlines and a path of continuous and unobstructed pedestrian
access to street frontage.
ii. Primary non-residential use entrances shall not be located facing an alley, parking, or service driveway.
iii. For lobbies, a recess or projection shall have a minimum of four feet depth to delineate the building lobby from the
balance of the facade.
2. Residential Building Entries. The following shall apply to the ground floor residential portions of street-or publicly
accessible open space-facing facades of residential buildings or residential portions of a mixed-use building. For resi-
dential uses, the primary entrance of a building is defined as a door or doors that provide primary access to a ground-
floor residential lobby and/or individual entries are permitted for private residential units.
Residential buildings lobbies shall be located at the ground floor and accesses directly from public street frontage or
publicly accessible open space. Primary entrance(s) that front publicly accessible open spaces shall directly have sight-
lines and path of continuous and unobstructed pedestrian that's accessible to the street frontage.
Ordinance No. 515
Page 90
i. Entries shall be unique and identifiable and shall incorporate at least one of the following design features: canopy,
marquee, portico, or other form of weather protection.
ii. Primary entries are prohibited from alleys, driveways, at-grade parking lots, or parking structures.
iii. Individual residential entries are permitted to be accessed directly from the street frontage subject to a minimum
walkway, ramp, and/or stairs width of four feet for single unit entries.
iv. Entry porches, stoops, and terraces, not including stairs, shall be a minimum of 20 square feet.
F. Accessory Structures in Front/Side Setback.
i. Accessory structures shall not be allowed in front or side yard setbacks required in Table 17.24.055.
ii. Balconies, decks, pergolas, trellis, or similar features shall not extend beyond the lower face of the lowest story.
G. Storefront Transparency
I. Facades that face the street or publicly accessible space are required to provide a minimum of 75 percent transparen-
cy along the frontage.
2. No dark-tinted or opaque glazing that results no less than 88 percent light transmission is permitted for wall open-
ing (i.e. doors and windows) along the street level. Mirrored or applied films that create mirrored windows and curtain
walls are prohibited.
H. Roof Appurtenance and Mechanical Equipment Screening. All roof appurtenances including, but not limited to, air
conditioning units, roof access ladders, and mechanical equipment shall be located below the lowest roof parapet that
exists on the building to ensure that it is fully screened from view from on-site parking areas, adjacent public streets
and adjacent residentially zoned property. When ladders or other emergency access equipment is required above the
roof parapet, such equipment shall be painted or treated to be match the structure for screening purposes. When ground-
mounted mechanical equipment is used including, but not limited to heating and air conditioning units, such equipment
shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a build-
ing. Structural and design plans for any required screening under the provisions of this section shall be approved by the
community development director and building official.
I. Mirror Finishes. Windows, metal roofing, and similar exterior metal architectural features shall not be mirror finish,
reflective, glossy, or polished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts
to adjacent properties.
J. Onsite residential amenities. Multi-family residential developments, consisting of 10 or more units, shall provide the
following:
I. Onsite recreational and resident amenities that equal at least 100 square feet per residential unit. Such amenities
may include, but are not limited to swimming pool, playground, fitness room, community room, bbq area, outdoor seat-
ing area within a landscaped area, or other amenity as approved by the entitlement review body. Walkways and general
landscape areas are not considered part of onsite residential amenities.
2. Onsite publicly accessible areas equal to at least 15% of the project's net lot area but shall not be required to exceed
I 0,000 square feet or be required on lots of 20,000 square feet or less. These areas shall be located adjacent to, and
accessible from, a public right of way. They shall be contiguous to each other on the project site. The shortest dimen-
sion of these areas shall be a minimum of 15 feet. This area shall be privately maintained by the owner(s) of the resi-
dential development but shall remain publicly accessible and available for public use from 8:00 a.m. to 8:00 p.m. each
day, except as otherwise provided by the project conditions or specific agreement for th is use between the property
owner and the City. The publicly accessible amenities required in these areas shall be those intended for public gather-
ing, play spaces, landscaped seating areas, or other amenities as approved by the entitlement review body.
K. Additional onsite residential features required for all multi-family residential developments shall include:
I. Onsite laundry facilities available to all residents. Laundry facilities may be provided in a common laundry room or
within each residential unit.
Ordinance No. 515
Page 91
2. Enclosed, secure, locking storage area of at least 100 cubic feet within or adjacent to each residential unit. This area
may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to allow for
storage of personal items, such as bicycles, tools, outdoor furniture, etc.
3. Private or semi-private outdoor patio, porch, yard or other private or semi-private space shall be provided to each
residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities
such as outdoor dining or gathering and shall be accessible directly from the residential unit. Outdoor patios are not
intended for storage. Deviations from the requirement 1-3 above may be considered by the Community Development
Director where strict conformance is infeasible.
17.24.065 lnclusionary Housing Requirements
The purpose of this section is to enhance the public welfare by establishing policies which require the development of
housing affordable to households of Extremely Low, Very Low, Low, and/or Moderate Incomes, meet the City's estab-
lished regional share of housing needs, and implement the goals and objectives of the General Plan and the Housing
Element.
A. Applicability. The provisions of this Chapter shall apply to all Residential Development, as defined in subsection A
of this section, except for any Residential Development determined to be exempt under I 7.24.065(C) of this Chapter.
B. Exceptions. The requirement to construct housing shall not apply to the following:
I. Projects that are not Residential Developments as defined in 17.24.065(A).
2. Residential developments of 9 or less residential units. Adjacent projects that are on separate parcels but collectively
equal 10 or more dwellings and are held by the same owner are not exempt, unless permitted more than one year apart.
Payment of in-lieu fees as defined in section 17.24.065(G) of this chapter applies.
3. A 100% affordable housing project.
4. Units approved as accessory dwelling units or junior accessory dwelling units.
5. Residential Development project using Density Bonus which meets or exceeds the affordability of 15% of units.
C. Inclusionary Housing Requirements. All new Residential Developments of 10 or more Dwelling Units shall include
Inclusionary Units. Calculations of the number of Inclusionary Units required by this Section shall be based on the
number of Dwelling Units in the Residential Development, excluding any Density Bonus Units, ADU's or Junior
ADU's. Unless otherwise exempted or excepted from this Chapter, Residential Developments shall construct lnclu-
sionary Units upon the same site as the Residential Development.
D. Number of Inclusionary Units Required for For-Sale Residential Developments. For-Sale Residential Development
projects of 15 or more Dwelling units shall provide 15% of the total units of a Residential Development and satisfied
by designating 7% for Low Income Household and 8% for Moderate Income Household. For residential developments
of between 10 and 15 units, a single inclusionary unit shall be required and can be either very low or low income.
E. Number of Inclusionary Required for Rental Residential Developments. Rental Residential Development projects of
15 or more Dwelling Units shall provide 15% of the total units available at Affordable Rent and satisfied by designated
7% for Extremely Low-Income Households and 8% Very Low-Income Households.
Ordinance No. 515
Page 92
Table I Calculation of Inclusionary Requirements for Projects from 10 -30+ Units
Units I Inclusionary I Required For Sale For Rent
Rate Inclusionary Low Moderate Extremely Very
Units Low Low
10 10% 1.00 I * * * *
11 10% 1.00 I * * * *
12 10% 1.00 I * * * *
13 10% 1.00 I * * * *
14 10% 1.00 1 * * * *
15 15% 2.25 2 1.05 1.20 1.05 1.20
16 15% 2.40 2 1.12 1.28 1.12 1.28
17 15% 2.55 3 1.19 1.36 1.19 1.36
18 15% 2.70 3 1.26 1.44 1.26 1.44
19 15% 2.85 3 1.33 1.52 1.33 1.52
20 15% 3.00 3 1.40 1.60 1.40 1.60
21 15% 3.15 3 1.47 1.68 1.47 1.68
22 15% 3.30 3 1.54 1.76 1.54 1.76
23 15% 3.45 3 1.61 1.84 1.61 1.84
24 15% 3.60 4 1.68 1.92 1.68 1.92
25 15% 3.75 4 1.75 2.00 1.75 2.00
26 15% 3.90 4 1.82 2.08 1.82 2.08
27 15% 4.05 4 1.89 2.16 1.89 2. 16
28 15% 4.20 4 1.96 2.24 1.96 2.24
29 15% 4.35 4 2.03 2.32 2.03 2.32
30t 15% 4.50 5 2.10 2.40 2.10 2.40
Notes:
*The additional unit shall be either Extremely Low or Very Low Income.
tProjects greater than 30 units shall apply the unit percentage requirement and affordability ratios
from Section l 7.24.065(E), even though not calculated and shown in Table 1.
F. Fractional Units. In computing the total number of lnclusionary Units required in a Residential Development, frac-
tions greater than one-half shall be rounded up to the next highest whole number, and fractions of one-half or less than
one-half shall be rounded down to the next lowest whole number.
G. In-Lieu Fee Compliance Alternative. Inclusionary housing requirement may be satisfied by the payment of a fee to
the City in lieu of constructing the inclusionary units within the Residential Development, provided that such fee is
received by the City prior to the issuance of the building permits for the first market rate unit in the Residential Devel-
opment, or as described in the project's conditions of approval. The amount of in-lieu fees shall be established by the
City Council in its annual resolution establishing municipal fees and charges, or as established otherwise by resolution
of the City Council, and may include in the fee the actual estimated costs of administration and the estimated cost of
Ordinance No. 515
Page 93
increases in the price of housing and construction from the time of payment of the in-lieu fee to the estimated time of
provision of the lnclusionary Units by the City. If in the case an in-lieu is not established or does not exist at the time of
building permits issuances, the City Manager shall substitute another construction cost index or require the applicant to
submit a cost estimate with the total in-lieu fee to be approved by City Council. The automatic fee adjustment, as modi-
fied by the City Council, will occur when the city conducts its annual update of the municipal fee schedule.
H. Inclusionary Fee Fund. The in-lieu fees collected shall be deposited into an affordable housing inclusionary fund.
The fund shall be used exclusively for the provision of affordable housing and for reasonable costs associated with the
development, maintenance and oversight of such housing. The fund includes in-lieu fees as well as other funds availa-
ble to the city for exclusive use for the provision of affordable housing.
I. Standards of Inclusionary Units.
I. Inclusionary units shall be dispersed throughout the project.
2. The number of bedrooms and bathrooms in inclusionary units shall be provided in approximately the same propor-
tion as the market rate units in the residential development.
3. lnclusionary units shall have the same quality and types of materials, finishes, and appliances comparable to the
market rate units, unless it can be demonstrated to the satisfaction of the City that this is infeasible.
4. Inclusionary units shall comply with all applicable development standards.
5. Inclusionary unit residents shall have equivalent access to use of all on-site amenities.
6. [nclusionary units shall be maintained to the same standard as market rate units.
7. Developer shall actively market the affordable units (both for for-sale and rental units) to eligible households con-
currently with the market rate units, consistent with the City's Affordable Housing Policies.
8. Inclusionary units in a residential development shall be constructed concurrently with, or before, the construction of
the market rate units. lf the City approves a phased project, the required inclusionary units shall be provided propor-
tionately within each phase of the residential project.
J. Continuing Affordability Agreement and Duration. The property owner shall record an Affordable Housing Agree-
ment deed restriction for both For-Sale and Rental units against the property reserving the extremely low, very low,
lower, and / or moderate-income units at the applicable affordable housing cost for a minimum of 55 years from the
date of issuance of a certificate of occupancy. The form of the deed restriction shall be consistent with the City's Af-
fordable Housing Policies.
K. Monitoring of Compliance. Owners of Residential Development projects shall submit compliance reports to the City
at least once every year and the City may conduct periodic on-site audits to ensure compliance with all applicable laws,
policies, and agreements. The City Council may adopt fees for the costs of monitoring and compliance by the City,
which shall be deposited into the affordable housing inclusionary fund for that purpose.
Sections:
17.28.010
17.28.020
17.28.030
17.28.040
17.28.050
17.28.060
17.28.070
17.28.075
Chapter 17.28
ST AND ARDS FOR SPECIFIC USES
Purpose.
Standards relating to dwellings.
Standards relating to animal keeping.
Auto, boat and trailer sales lots.
Adult business permit.
Emergency shelters and single room occupancy unit developments.
Produce stands.
Community Gardens
Ordinance No. 515
Page 94
17.28.080 Standards related to industrial hemp product retail sales, stand-alone.
17.28.090 Chain stores and aesthetics on High Street.
17 .28.100-17 .28.110 Reserved.
17.28.120 Temporary filming.
17.28.130 Outdoor sales and services-Temporary.
17.28.135 Outdoor dining.
17 .28.140 Christmas tree sales.
17.28.150 Temporary buildings during construction.
17.28.160 Storage of building materials-Temporary.
I 7.28.170-17.28.230 Reserved.
17.28.240 Bicycle and skate parks.
17.28.250 Reserved.
17.28.260 Low-Barrier Navigation Centers
17.28.010 Purpose.
The purpose of this chapter is to set forth standards and regulations in addition to the required standards and regula-
tions which apply to specific uses as listed in Sections 17.20.050 and 17.20.060 of this title.
17.28.020 Standards relating to dwellings.
A. Antennas-Ground-Mounted. No antenna or mast shall exceed seventy-five (75) feet in height. The crank-up
variety antennas shall be used. All units are encouraged to be color-coordinated to harmonize with predominant struc-
tural background material, so as to reduce visual impacts. Where feasible, support structures shall be screened from
public view. The most unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to
main or accessory buildings in order to provide background screening for the support structure. The height, nature, tex-
ture and color of all materials to be used for the installation, including landscape materials, shall be submitted with the
permit application.
B. Home Occupations and Garage Sales.
1. Home Occupation Requirements. A home occupation is the interior and incidental use of a dwelling, in all resi-
dential zones and in the residential portion of specific plans, for business purposes with a valid home occupation permit
meeting all of the requirements of this section.
a. Application. An application for a home occupation permit shall be filed with the community development direc-
tor on forms prescribed by the community development director along with the fee established by city council resolu-
tion.
b. Approval Criteria. The community development director shall approve an application for a home occupation
permit that meets the following criteria:
i. The applicant shall be the homeowner, or in the case of a rental housing unit, the applicant shall provide a
signed owner's statement that the proposed home occupation is allowed under the rental agreement.
ii. Accessory structures shall not be used for home occupation purposes.
iii. Persons other than residents of the property shall not be engaged on the property in the home occupation.
iv. The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the zoning district
in which it is located.
v. Customer services or sales of goods, wares or merchandise on-site shall not be permitted, except by mail or
electronic communication. Instruction, tutoring or teaching of a maximum of three (3) students per session and/or six
(6) students per day, whichever is more restrictive shall be allowed. The community development director may make
allowances for single events having more than the maximum of six (6) students per day and/or three (3) students per
session.
vi. Commercial vehicles, having a specific manufacturer's gross weight rating of ten thousand (10,000) pounds or
more in connection with the home occupation, shall not be permitted as limited by Section I 0.04.300 of this code.
Ordinance No. 515
Page 95
vii. A maximum of one (I) commercial vehicle, having a specific manufacturer's gross weight rating of less than
ten thousand ( I 0,000) pounds, in connection with the home occupation shall be permitted so long as it is legally parked
either on the street or on the site.
viii. The use of signs, merchandise, products or other material or equipment displayed for advertising purposes shall
not be permitted.
ix. Outdoor storage of materials and/or supplies or other outdoor activity related to the home occupation shall not
be permitted.
x. Uses, by reason of color, design, materials, construction, smoke, dust, fumes, odors, glare, lighting, noise or
vibrations, that alter the residential character of the dwelling, or unreasonably disturb the peace and quiet of the sur-
rounding area shall not be permitted.
xi. The home occupation shall be limited to a maximum of ten percent (10%) of the gross floor area of the resi-
dence, or one hundred fifty ( 150) square feet, whichever is greater. Related materials and supplies shall be stored only
in the designated area approved by the community development director. No structural alterations shall be permitted
within the dwelling unit to separate any area used for a home occupation from the dwelling space. No area used for a
home occupation shall be subleased or rented to another party.
xii. A valid city business registration permit or license shall be required.
xiii. There shall be no storage of flammable, toxic, hazardous, combustible materials indoors or outdoors, including,
but not limited to, gasoline, solvent or gun powder for purposes beyond those normally used for normal household pur-
poses.
xiv. The garage, carport or accessory structures shall not be used for home occupation purposes. There shall be no
storage in the garage, carport or dwelling of any materials or supplies not recognized as being part of normal household
or hobby use.
xv. The home occupation shall not create excessive demand for municipal or utility services or community facilities
beyond those customarily provided for residential uses.
xvi. There shall be no on-premises use of material or mechanical equipment not recognized as being part of normal
household or hobby use.
xvii. On-site sales of goods, wares or merchandise or on-site commercial activities in residential zones, except as
allowed by subsection (8)( I )(b )(v) of this section is prohibited.
c. Conditions. In granting a home occupation permit, the director may impose conditions to safeguard and protect
the public health and safety and promote the general welfare. The applicant shall agree in writing to comply with all
conditions prior to the issuance of a home occupation perm it.
d. Duration of Permit. Unless otherwise d in the home occupation permit, the home occupation permit at the ap-
proved address shall be valid until six (6) months after the use for which the permit was issued has ceased or until the
permit is revoked.
e. Revocation of Permit. A home occupation permit may be revoked pursuant to the revocation provisions of
Chapter 17.44 of this title if the community development director makes any of the following findings in addition to
any of the findings for revocation in Chapter 17.44 of this title and notifies the applicant in writing:
i. A condition of the home occupation permit has been violated;
ii. The use has become detrimental to the public health, welfare and safety; is resulting in a significant traffic im-
pact or constitutes a nuisance;
111. The home occupation permit was obtained by misrepresentation or fraud;
iv. The use for which the home occupation permit was granted has ceased for six (6) months or more;
v. The use for which the home occupation permit was granted has become nonconforming due to a change in the
municipal code and a reasonable period of time, as determined by the community development director, has elapsed to
allow for the termination or relocation of the use.
In the event of a conflict between the findings and provisions of this section with respect to the revocation of a home
occupation perm it and those of Chapter 17.44, the findings and provisions of th is section shall control.
2. Garage Sales Requirements. Garage sales shall be permitted in all residential zones. provided the sale conforms
to the criteria and conditions identified in this chapter. No application shall be required. The city shall, however, moni-
tor garage sales to ensure compliance with the following criteria and limitations.
Ordinance No. 515
Page 96
a. No more than three (3) garage sales shall be conducted on the premises in any calendar year; provided, howev-
er, a fourth (4th) sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first
presented to the community development director. A minimum of five (5) days must pass between individual sale
events. No single sale event shall be conducted for longer than three (3) consecutive days. Garage sales shall not be
held for more than two (2) consecutive weekends. Garage sales shall be conducted between the hours of seven (7:00)
a.m. and seven (7:00) p.m.
b. Property offered for sale at a garage sale may be displayed on a driveway, in a house and/or in a rear yard, but
only in such areas. No property offered for sale at a garage sale may be displayed in any front yard or in any public
right-of-way.
c. A maximum of six (6) off-site directional signs, not to exceed two (2) feet by two (2) feet, shall be permitted.
Written permission to erect signs on private property shall be obtained from the property owners of the site where such
signs are to be placed. This written authorization shall be provided to the city upon request. Signs may be displayed
only during the hours the garage sale is actively being conducted and shall be removed at the close of the sale activities
each day. No signs shall be placed on utility poles or in the public right-of-way.
d. A nonprofit organization or association of persons may conduct a garage sale at the residence of one ( 1) or more
of its members pursuant to all of the requirements of this section. One (I) such sale may be held per year without such
sale being deemed one (I) chargeable to the premises in question for the purpose of applying the three (3) sales per
year limitation set forth in subsection (8)(2)(a) of this section.
e. No garage sale shall be held so as to include more than three (3) residences or parcels at the site of the sale
without first obtaining written approval from the community development director. In granting an approval for a garage
sale encompassing more than one (I) residence or parcel, the director may impose reasonable conditions consistent
with the policies of this section. Group garage sales, when coordinated by residents or sponsored by a local homeown-
er's association, may be permitted up to two (2) times per calendar year and shall comply with all other requirements
for garage sales.
f. The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly
authorized under Chapter 17 .04 of this code, shall be prohibited.
C. Mobilehomes and Manufactured Housing.
I. Mobilehome Construction. Mobilehomes may be used as single-family dwellings if the mobilehome was con-
structed on or after June 15, 1976. Mobilehomes used as second dwellings are subject to this date limitation.
2. Mobilehome Foundation System. Mobilehomes which are used as single-family residences or as caretaker or
farm worker dwellings shall be installed on a foundation system in compliance with Chapter 2, Article 7, Section 1333
of Title 25 of the California Administrative Code. Nonconforming mobilehomes renewed under a continuation permit
shall be in compliance with the applicable provisions of Chapter 2, Article 7 of Title 25.
3. Exterior Siding. Exterior siding of a single-family dwelling shall extend to the ground level, or to the top of the
deck or structural platform where the dwelling is supported on an exposed pile foundation complying with the require-
ments of Sections 2908 and 2909 of the Uniform Building Code, or to the top of a perimeter foundation. For mo-
bilehomes used as caretaker or farm worker dwellings, manufactured mobilehome skirting shall completely enclose the
mobilehome, including the tongue, with a color and material that will be compatible with the mobilehome. The siding
shall be covered with an exterior material customarily used on conventional dwellings and approved by the department
of community development.
4. Site Plan and Elevations. The site plans and elevations of the proposed housing unit are subject to review and
approval of the department of community development. Applicants are required to submit designs which are in keeping
with the overall character and quality of the neighborhood and community.
5. Roof Pitch. The mobilehome or manufactured housing unit shall have a roof with a pitch of not less than two
(2) inches of vertical rise for each twelve ( 12) inches of horizontal run and consisting of shingles or other material cus-
tomarily used for conventional dwellings and approved by the department of community development and the building
official.
6. Porches and Eaves. The mobilehome or manufactured housing unit may be required to have porches and eaves,
or roofs with eaves when, in the opinion of the department of community development, it is necessary to make it com-
patible with the dwellings in the area.
Ordinance No. 515
Page 97
D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A mobilehome or recrea-
tional vehicle may be used for living purposes for a twelve (12) month period by the owner(s) of a lot for which a
building permit has been issued, is in full force and effect on the same site, and construction is underway. The commu-
nity development director may grant one (I) additional twelve ( 12) month time extension if substantial progress toward
construction of the principal residence is being made. The mobilehome or recreational vehicle shall be connected to the
permanent water supply and sewage disposal system approved by the Ventura County environmental health division
for the structure under construction. Within forty-five ( 45) days after the issuance of a zoning clearance for occupancy,
the mobilehome or recreational vehicle shall cease use as a dwelling, be disconnected from such systems and shall be
removed from the site. A temporary mobilehome or recreational vehicle may be accessory to construction on adjacent
lots under the same ownership as the lot on which the mobilehome or recreational vehicle is installed. In no case shall
the mobilehome or recreational vehicle be rented, leased or otherwise occupied by a non-owner of the lot. A bond or
cash deposit shall be required in the amount to cover removal of the temporary mobilehome prior to receiving city ap-
proval for the placement of the temporary dwelling. The amount of the deposit shall be determined by the community
development director.
E. Reserved.
F. Open Storage.
I. There shall be no open storage in any front or street-side setback, or in an area three (3) feet wide along interior
side lot lines.
2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed an aggregate area of
two hundred (200) square feet. On lots greater in area than twenty thousand (20,000) square feet, the aggregate area
shall not exceed one percent (1%) of the total lot area, up to a maximum of one thousand (1,000) square feet. Lots of
forty (40) acres or more in the O-S and A-E zones are permitted a maximum of two thousand (2,000) square feet of
open storage, provided that all open storage exceeding one thousand (1,000) square feet is screened from view from all
public rights-of-way within three hundred (300) feet of such additional storage area.
3. With the exception of boats and unstacked automotive vehicles, the materials shall be limited to a height of six
( 6) feet.
4. Open storage must be accessory to the principal use of the property, and not related to any off-site commercial
business or activity.
5. The following are not considered to fall within the definition of open storage, and are therefore exempt from the
above open storage regulations:
a. Materials or equipment kept on any lot for use in construction of any building or room addition on a lot for
which a zoning clearance and necessary building permits are obtained and in force; provided, that, such storage is neat
and orderly, and does not exceed an area equal to the gross floor area of the building or addition under construction.
Stored materials shall be installed with in one hundred eighty ( 180) days of their placement on the lot; however, the
community development director may grant a time extension for good cause, based on a written request from the appli-
cant;
b. Items used periodically or continuously on the property by the resident(s) thereof, such as outdoor furniture,
trash cans or barrels, equipment for maintenance of the property, outdoor cooking equipment, and recreational equip-
ment, accessory to the principal use;
c. One ( 1) cord ( one hundred twenty-eight ( 128) cubic feet) of firewood, if stored in a neat and orderly manner in
one (I) location on the lot.
G. Accessory Dwelling Unit.
I .Standards and Requirements. An accessory dwelling unit (ADU) requires approval of a zoning clearance, and
compliance with Government Code Sections 65852.150 -65852.26 (as may be amended by the State of California) and
applicable development standards identified in this Chapter.
Ordinance No. 515
Page 98
H. Two-Unit Residential Developments
I. Purpose and Applicability.
The purpose of this Chapter is to establish standards for Two-Unit Developments to ensure compliance with California
Government Code Sections 65852.21 and 66411.7, otherwise known as Senate Bill 9, while minimizing impacts to
surrounding uses and properties.
Two-unit developments, referred to as housing developments contains no more than two residential units and as de-
fined by California Government Code 65852.21, are permitted in the O-S, A-E, R-A, R-E, R-L, and R-1 single-family
residential zones.
2. Review authority.
Applications for two-unit developments shall be considered ministerially, without discretionary review or a hearing,
subject only to the permit requirements applicable to the new construction or alteration of residential dwellings, includ-
ing but not limited to zoning clearance and building permits.
3. Requirements.
Location. A parcel for a two-unit development or Urban Lot Split shall:
a. Not be located within a Very High Fire Hazard Severity Zone, unless the project site otherwise satisfies the require-
ments specified in subparagraphs (8) to (K), inclusive of paragraph (6) of subdivision (a) of section 65913.4 of Cali-
fornia Government Code;
b. Not be located within a mapped I 00-year floodplain, wetland, recorded open space easement, mapped creek or river,
regulated floodway;
c. Either prime farmland or farmland of statewide importance;
d. Not be located within a designated hazardous waste site;
e. Not be located within a historic district, is not included on the State Historic Resources Inventory, or is not within a
site that is legally designated or listed as a city or county landmark or historic property or district;
f. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the
State Geologist, unless standards can be achieved as described in Government Code Section 65913.4 (6)(F);
g. Not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to
the Natural Community Conservation Planning Act (Chapter 10 ( commencing with Section 2800) of Division 3 of the
Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 ( 16 U .S.C.
Sec. 1531 et seq.), or other adopted natural resource protection plan; or
h. Not be located on land protected by a conservation easement.
4. Eligibility. A parcel is not eligible for a two-unit development if the project would require demolition or alteration
of:
a. More than 25% of the exterior walls of a unit that is occupied by a tenant or has been occupied by a tenant at any
time in the previous three years;
b. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons
and families of moderate, low, or very low income;
c. Housing that is subject to any form of rent or price control; and
d. A parcel containing a unit that was withdrawn from the rental market through an Ellis Act eviction at any time in the
last 15 years.
5. Development standards.
Development pursuant to this Chapter shall comply with the following:
a. Number of units.
I. Two-unit developments.
a. The maximum number of attached or detached primary dwelling units permitted on any lot in a single-family zone is
two.
Ordinance No. 515
Page 99
b. Accessory dwelling units shall be considered separate from the two primary dwelling units authorized by this sec-
tion. Refer to Zoning Code Section 17.28.020 for additional regulations for ADUs or JADUs. A maximum of two
units may be located on a lot created through an urban lot split, inclusive of accessory dwelling units and junior acces-
sory dwelling units consistent with Government Code Sections 65852.2 and 65852.22.
2. Urban Lot Splits.
a. A maximum of two primary dwelling units of any kind may be constructed on any single-family lot established
through an Urban Lot Split pursuant to Chapter 16.60 (Urban Lot Splits) of the Subdivision Code.
6. Parking. One on-site covered parking space shall be required per unit.
a. This requirement may be satisfied by an attached or detached carport or enclosed garage.
b. Exceptions. No on-site parking shall be required when:
i. The site is located within one-half mile walking distance of a high-quality transit corridor, as defined in subdivision
(b) of Section 21155 of the Public Resources Code;
ii. The site is located within one-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources
Code; or
iii. The site is located within one block of a permanently established car-share vehicle pick-up/drop-off location.
c. Required parking spaces shall comply with the applicable standards of Chapter 17.32 (Off-Street Parking Require-
ments).
7. Setbacks.
a. The interior side yard and rear yard setbacks for two-unit developments shall be four feet.
b. The front yard and street side yard setbacks for two-unit developments shall be as required by the Zone.
c. Additional setbacks shall not be required for an existing structure or for a structure constructed in the same location
and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).
d. Notwithstanding the above, an application shall not be rejected solely because it proposes adjacent or connected
structures provided that the structures meet Building Code safety standards and are sufficient to allow separate convey-
ance.
8. Additional requirements for two-unit developments.
a. Unless otherwise specified in this Chapter, all development standards applicable to the construction of a single-
family dwelling shall apply to two-unit developments, including but not limited to:
i. Building height;
ii. Number of stories; and
iii. Lot coverage.
9. Applicable Chapters. The requirements of the following Chapters of this Title shall apply to two-unit developments:
a. Chapter 17.20 -Uses by Zone;
b. Chapter 17.24 -Development Requirements;
c. Chapter 17.28 -Standards for Specific Uses;
d. Chapter 17.30 Lighting Regulations; and
e. Chapter 17.32 -Off-Street Parking Regulations.
10. All other development standards contained within the Moorpark Municipal Code.
11. The application of any development standard that would physically prevent the development of at least two
primary dwelling units of at least 800 square feet shall be waived. No Variance or other discretionary action shall be
required.
Ordinance No. 515
Page 100
12. Additional requirements for Urban Lot Splits shall be as set forth in Chapter 16.60 (Urban Lot Splits) of the
Subdivision Code.
13. Design standards.
a. Privacy.
i. A minimum separation of IO feet shall be provided between any detached dwellings on the site.
ii. Windows within 30 feet of a neighboring structure on another parcel shall not directly align with the windows of the
neighboring structure.
iii. Upper story unenclosed landings, decks, and balconies that face or overlook an adjoining property shall be located a
minimum of 15 feet from the interior lot lines.
b. Building height. Where any portion of the proposed construction consists of two stories or exceeds 16 feet in overall
height, upper floors and the portions of the structure exceeding 16 feet in height shall comply with the minimum re-
quired setbacks of the underlying zone.
c. Materials.
i. On sites already developed with an existing residential unit, the new construction shall be designed and constructed
to match the existing dominant roof pitch, paint color and exterior finish materials, including but not limited to siding,
windows, doors, roofing, light fixtures, hardware, and railings.
ii. Where no development currently exists or where existing development is to be removed, two-unit developments
shall be designed so that the units match one another in dominant roof pitch, paint color and exterior building finishes,
including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings.
iii. Design elements and detailing shall be continued completely around the structure. Such elements shall include but
not be limited to window types and treatments, trim detailing, and exterior wall materials.
iv. Window and door types and styles shall be consistent on all elevations.
v. All vents, downspouts, flashings, electrical conduit, etc., shall be painted to match the color of the adjacent surface
unless specifically designed as an accent material.
vi. Exterior building lighting shall be directed downward, have a shielded light source, and be designed so that the light
is not directed off site.
d. Landscaping.
i. Front and street side yard areas shall be fully landscaped pursuant to the requirements of Chapter 15.23 (Water Effi-
cient Landscape Ordinance) and the City's Landscape Standards and Guidelines.
ii. A minimum of one 24-inch box tree of a broadleaf or evergreen species shall be provided on site per unit construct-
ed. Palm trees or invasive trees shall not be considered to satisfy this requirement.
iii. Complete landscaping and irrigation plans shall be submitted to the Planning Division prior to the issuance of build-
ing permits.
iv. Installation of approved landscaping shall be completed prior to release of final occupancy.
e. Additional requirements.
i. Short-term rentals. Units created pursuant to this Chapter shall be rented or leased for a term longer than 30 days.
ii. Owner occupancy.
a) Unless the lot on which a two-unit development is constructed was established through an Urban Lot Split pursuant
to Chapter 16.60 (Urban Lot Splits) of the Subdivision Code, the owner of the property shall reside in one of the units
as their principal residence.
b) A deed restriction shall be recorded on title to the subject property binding current and future owners to this re-
quirement.
c) Owner occupancy requirements for two-unit developments constructed on lots established through an Urban Lot
Split shall be as set forth in Chapter 16.60 of the Subdivision Code.
Ordinance No. 515
Page 101
iii. Nonresidential uses. Except for permitted home occupations and garage sales pursuant to Chapter l 7.28.020(8),
non-residential uses shall be prohibited.
14. Noticing.
a. The Community Development Department shall prepare a written notice to the record owners of all properties with-
in 300 feet of the exterior boundaries of the property on which the development is proposed.
b. The notice shall be mailed to the last known name and address of such owners as shown on the latest available
equalized assessment roll of the County Assessor.
Location map. The notice shall identify:
i. The address and location of the property;
ii. The nature of the proposed construction;
iii. The anticipated start and end dates of construction;
iv. Contact information for the Community Development Department; and
v. The following statement: "This Notice is sent for informational purposes only and does not confer a right on the
noticed party or any other person to comment on the proposed project. Approval of this project is ministerial, meaning
the City of Moorpark has no discretion in approving or denying the project if it complies with all legal requirements.
Approval of this project is final and not subject to appeal."
c. The notice shall be sent no fewer than 14 days prior to the issuance of a building permit for the proposed two-unit
development.
15. Variances.
a. No variances from the provisions of this Chapter shall be permitted.
b. Waiver of any development standard necessary to permit the minimum amount of development authorized by Cali-
fornia Government Code§ 65852.21 shall not require the granting of a Variance or any other discretionary approval.
I. Severability. If any provision of this ordinance or chapter or the application thereof to any person or circumstance is
held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall
not affect other provisions or applications of this ordinance or chapter which can be implemented without
the invalid provision or application and to this end the provisions of this ordinance and chapter are declared
to be severable.
J. Use of Structures for Dwelling Purposes. Structures may not be used for human habitation except as specifically
permitted in this title.
K. Fann Worker Dwellings.
I. Standards and Requirements. A farm worker dwelling, as defined in Section 17.08.0 IO of this code, shall be
allowed in accordance with the provisions of Chapter 17.20 of this code, and in compliance with all of the following
standards and requirements:
a. Minimum Lot Size. Property must meet minimum lot size of five (5) acres as required for agricultural uses.
b. Permitted Size. Farm worker dwellings may consist of no more than thirty-six (36) beds in a group sleeping
quarters, or twelve ( 12) units or spaces designed for use by a single family or household.
c. Off-Street Parking. One (I) off-street, covered parking space must be provided for each single-family unit and
one ( 1) parking space must be provided for each three (3) beds in the group sleeping quarters. The parking must have
approved access and paving in accordance with Chapter 17.32 of this code.
d. Lighting. Lighting shall comply with Chapter 17.30 of this code.
e. HCD Permit. A permit from the State Department of Housing and Community Development (HCD) shall be
obtained, as required by the Employee Housing Act and all applicable regulations.
f. Occupancy Review. The property owner must complete and submit to the director of community development a
farm worker dwelling verification letter no later than thirty (30) days after receiving a permit to operate from HCD, and
annually thereafter, to ensure compliance with state and local regulations on farm worker housing. The verification
Ordinance No. 515
Page 102
letter must include information regarding the housing type, number of dwelling units or beds, number of occupants,
occupants' employment information, and proof that a permit to operate from HCD has been obtained and maintained.
g. Farm Worker Occupancy. The property must be occupied by farm workers and their families. A declaration of
this restriction in a form approved by the city will be recorded by the city and be binding on all future owners. Begin-
ning one ( 1) year after the issuance of the building permit and annually thereafter, the owner must file an annual report
to the department listing the occupants of the farm worker dwelling and their place of work in order to ensure compli-
ance with this requirement.
h. General Development Requirements. Construction of farm worker dwellings shall comply with development
requirements of the underlying zone.
i. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
17 .28.030 Standards relating to animal keeping.
A. General Provisions. The standards in this section shall apply to animal keeping or animal usage in residential,
agricultural and open space zones for the personal use or pleasure of the residents of the property where the animal is
kept. Any animal not specifically classified in Table 17.28.0308 shall be classified by the community development
director based upon the director's written determination of similarity to animals listed in Table 17.28.0308. These
regulations do not apply to animals used to provide a service to individuals with a disability, such as seeing-eye dogs
and miniature horses. All animal keeping must be in compliance with Title 6 of the Moorpark Municipal Code.
I. All animals shall be contained in a humane manner entirely on the site on which they are located. The manner
of containment shall meet the setback and height requirements of the zone in which the property is located and for the
type of containment proposed. Animals may be contained in required side and rear yard setback areas, but not in re-
quired front yard setback areas.
2. All animal containment areas shall be maintained sanitary, free from litter, garbage, debris and the accumulation
of animal waste. Containment areas shall not be located in a drainage channel or conveyance.
3. Animal containment areas, other than for apiculture, pet animals, and cats and dogs, shall be maintained at least
forty (40) feet from any structure used for human habitation other than the owner's residence.
4. Apiculture shall conform to the following requirements:
a. Street Separation. No beehive or box shall be located or maintained within one hundred fifty ( 150) feet of any
public road, street or highway, or as determined by the community development director.
b. Apiary Location. A beehive or box shall be located or maintained a reasonable distance from an urbanized area.
For the purpose of this section, an urbanized area is defined as an area containing three (3) or more dwelling units per
acre. A "reasonable distance" shall be determined after investigation by the community development director but shall
not be less than four hundred ( 400) feet from the property line on which the hives are located.
c. Dwelling Separation. No beehive or box shall be located or maintained within four hundred (400) feet of any
property line.
d. Property Line Separation. No apiary shall be located or maintained within fifty (50) feet of any property line
common to other property except that it may be adjoining the property line when such other property contains an api-
ary, or upon mutual agreement for such location with the adjoining property owner.
e. Water. Available, adequate and suitable water supply shall be maintained on the property near the apiaries at all
times.
5. Domestic animals, other than those listed in Table 17.28.0308, shall be allowed to be kept on all residentially
zoned property subject to the following limitations:
a. A maximum of fifteen (15) domestic animals including, but not limited to, mice, rats, hamsters, guinea pigs, tur-
tles, and small birds (less than six (6) inches in overall height). Outside enclosures shall be set back a minimum of fifteen
( 15) feet from any adjacent property line;
b. A maximum of three (3) large birds (greater than six (6) inches in overall height) of the parrot family. Outside
enclosures shall be set back a minimum of fifteen ( 15) feet from any adjacent property line;
c. Tropical fish, small caged crustaceans, amphibians and arthropods, and other similar animals commonly sold in
pet stores and kept as household pets, may be kept on any residentially zoned lot so long as the animals are not main-
Ordinance No. 515
Page 103
tained for commercial purposes, do not constitute a nuisance, and are adequately provided with food, care and sanitary
facilities;
d. Animals which do not fit within this category may be permitted (including the total number), upon approval by
the community development director.
B. Animal Keeping. The animal keeping requirements listed in Table 17.28.030B are primarily for the keeping of
animals for the pleasure of the owners and not for commercial purposes, except as noted in the
table.
C. In case of an emergency, with the approval of an administrative permit, any animal classified in Table
17 .28.030 B shall be kept in an approved zone, with a permit, for the duration of the emergency or relocation of the an-
imal, but not exceeding fifteen ( 15) days or as determined by the Community Development Director.
D. Notwithstanding the requirements in this Section, animals in excess of those listed in Table 17.28.030B below
may be kept on properties with a minimum area of five acres subject to approval of a Conditional Use Permit and the
following findings:
1. The Applicant has provided letters in support of the request from all neighboring property owners within 500 feet
of the facilities and enclosures in which animals will be kept;
2. The Applicant has provided a maintenance plan detailing the care regimen for the animals and associated facilties.
3. The Applicant has provided a fire prevention and evacuation plan detailing strategies to safeguard the property,
structures and animals from fire hazards and evacuate all animals to safety in the event of a fire;
4. The Applicant has provided a care plan detailing that a licensed veterinarian will be available at all times to pro-
vide care to the animals and available to respond to medical emergencies; and
5. The Applicant has provided plans for the proposed facility that are adequate to safeguard the animals from natural
predators and ensure that they will be confined to the property.
Type
Ordinance No. 515
Page 104
of Animal or Animal
(see Note B for example calculation)
1. Apiculture
2. Aviary for domestic birds (see
17.28.030(A)(5))
3. Domesticated cats and dogs A
a. Single-family dwellings
b. Multiple-family dwellings
Usage
Section
4. Equine, bovine or cleft-hoofed animals, includ-
ing, but not limited to, horses, ponies, mules,
donkeys, burros, cows, and bulls A
5. Fowl (peacocks and pea hens are not permitted)
a. Chickens, duck, and game hens A
b. Roosters and guinea fowl A
6. Kennels and catteries (see Table 17.20.050(A)(6)
for additional limitations)
7. Medium animals not kept as pets such as Ila-
mas, alpacas, sheep, goats, swine and other ani-
mals of similar size as determined by the commu-
nity development director which are bred for sale A
8. Small animals not kept as pets such as rabbits,
chinchillas, small birds not otherwise classified,
non-poisonous reptiles, and other animals of simi-
lar size as determined by the community devel-
opment director which are bred for sale A
9. Small animals kept as pets excluding domesticat-
ed cats and dogs but including and not limited to
sheep, goats, pigmy/pygmy goats, pigs, pot-
bellied pigs, and miniature horses which are not
bred for sale A
10. Small animals kept as pets including rabbits,
guinea pigs, chinchillas, small birds not otherwise
classified and non-poisonous reptiles and other
animals of similar size as determined by the
community development director excluding do-
mesticated cats, dogs, sheep goats, pigmy/pygmy
goats, pigs, pot-bellied pigs and miniature hors-
es.A
11. Veterinary facilities including, but not limited
to, hospitals for large and small animals and surgi-
cal offices (see Tables 17 .20.0S0(A)(2}
and 17.20.060(C)(4)(a) and (b) for additional limi-
tations)
Table 17.28.0308
ANIMAL KEEPING
Minimum Maximum Number per lot
Lot Size area (A)
1 acre No maximum.
5 acres No maximum.
<5 acres Any combination of 4
>5 acres Any combination of 6.
n/a Any combination of 2.
20,000 sq. ft. 1 per 15,000 sq. ft. of lot
area
6,000 sq. Ft. 1 per 2,000 sq. ft.
20,000 sq. ft. 1 per 5,000 sq. ft.
n/a By conditional use permit.
20,000 sq. ft. 1 per 2,000 sq. ft. up to 1
acre (maximum of 22 ani-
mals)
Plus 2 additional animals
for each acre > 1 acre.
20,000 sq. ft. 1 per 2,000 sq. ft. (up to 22
animals).
For >1 acre, 2 additional
animal per each acre.
10,000 sq. ft. 1 per 3,333 sq. ft. (up to 13
animals per 1 acre).
For >1 acre, 1 additional
animal per each acre.
n/a 1 per 1,500 sq. ft. of lot,
area plus 1 additional ani-
mal for each additional
1,000 sq. ft. beyond 6,000
sq. ft. (Maximum 20 small
animals per lot)
n/a By administrative permit
or conditional use permit.
Zoning
0-5, A-E, R-E, R-A, R-L,
R-1
0-5, A-E, R-A, R-E
0-5, A-E, R-E, R-A, R-1,
R-2, R-3, SP, TPD, MUL,
MUM,MUD
0-5, A-E, R-A, R-E, SP c
0-5, A-E, R-A, R-E, R-L,
R-1, R-2, R-3
0-5, A-E, R-A, R-E
M-1, M-2
0-5, A-E, R-A, R-E
0-5, A-E, R-A, R-E
0-5, A-E, R-A, R-E
0-5, A-E, R-A, R-E, RL, R-
E, R-1, R-2, R-3, SP, TPD
0-5, A-E, R-A, C-O, C-1,
CPD, C-2, C-OT, M-1, M-
2
Ordinance No. 515
Page 105
12. Wild animals
Notes:
1 acre By conditional use permit. O-S, A-E, R-E
A. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (cats and
dogs, four months; equine, bovine or cleft-hoofed animals, 12 months).
B. For example, if you have a 20,000 square foot lot in the RE zone, you would be able to have two equine, bovine
or cleft-hoofed animals, plus 20 chickens or ducks or game hens, or combination thereof, plus four roosters or
guinea fowl or combination thereof, plus 10 small animals such as rabbits, plus six sheep or other small ani-
mals, plus any combination of four domesticated dogs or cats.
C. Equine animals, such as horses, ponies, mules, or burros are allowed in SP zones only in locations specifically
designated for equestrian uses or horse keeping as part of the residential planned development permit or specif-
ic plan. Bovine and other cleft-hoofed animals are not permitted in these zones.
17.28.040 Auto, boat and trailer sales lots.
New and used automobile, trailer and boat sales yards are subject to the following conditions:
A. No repair or reconditioning of automobiles, trailers or boats shall be permitted unless such work is accessory to
the principal retail use and is done entirely within an enclosed building.
B. Except for required landscaping, the entire open area of the premises shall be surfaced with concrete or asphal-
tic concrete.
17.28.050 Adult business permit.
A. Intent. The intent of this chapter is to regulate adult businesses which, unless closely regulated, may have seri-
ous secondary effects on the community. These secondary effects include but are not limited to: depreciation of proper-
ty values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity
and police service calls, increases in noise, litter and vandalism and the interference with property owners' enjoyment
of their property in the vicinity of such businesses.
It is neither the intent nor effect of this section to impose limitations or restrictions on the content of any communi-
cative material. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually
oriented materials, or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intend-
ed market.
Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of
any business, building or use which violates any city ordinance or any law of the state of California regarding public
nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public dis-
play thereof.
B. Definitions. As used in this section:
"Adult arcade" means any business establishment or concern containing coin or slug operated or manually or elec-
tronically controlled still, motion picture or video machines, projectors, or other image producing devices that are
maintained to display images to an individual when those images are distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such devices are
referred to as "adult arcade devices."
"Adult bookstore" means any establishment, which as a regular and substantial course of conduct, displays or dis-
tributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pic-
tures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by
an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
"'Adult booth/individual viewing area" means a partitioned or partially enclosed portion of an adult business used for
any of the following purposes:
1. Where a live or taped performance is presented or viewed, where the performances or images displayed or pre-
sented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sex-
ual activities or specified anatomical areas;
2. Where adult arcade devices are located.
"Adult business'' means any business establishment or concern which as a regular and substantial course of conduct
performs or operates as an adult arcade, adult bookstore, adult cabaret, adult model studio, or adult theater. It also
Ordinance No. 515
Page 106
means any business establishment or concern which as a regular and substantial course of conduct sells or distributes
sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a
regular and substantial course of conduct offers to its patron's products, merchandise, services or entertainment charac-
terized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical
areas.
"Adult business" does not include those uses or activities, the regulation of which is preempted by state law.
"Adult cabaret" means a business establishment (whether or not serving alcoholic beverages) that features adult live
entertainment.
"Adult live entertainment" means any physical human body activity, whether performed or engaged in, alone or
with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wres-
tling or pantomiming, in which:
I. The performer (including but not limited to topless or bottomless dancers, go-go dancers, exotic dancers, strip-
pers, or similar performers) exposes to public view, without opaque covering, specified anatomical areas; or
2. The performance or physical human body activity depicts, describes, or relates to specified sexual activities
whether or not the specified anatomical areas are covered.
"Adult model studio" means a business establishment which provides for any form of consideration, the services of
a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be
observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services.
Adult model studio does not include any live art class or any studio or classroom which is operated by any public agen-
cy, or any private educational institution that is maintained pursuant to standards set by the Board of Education of the
state of California.
"Adult store" means any establishment, which as a regular and substantial course of conduct, displays or distributes
sexually oriented merchandise or sexually oriented material.
"Adult theater" means a business establishment or concern which, as a regular and substantial course of conduct,
presents live entertainment, motion pictures, videos, digital video disks, slide photographs, or other pictures or electron-
ically generated visual reproductions which is distinguished or characterized by the emphasis on matter depicting, de-
scribing or relating to specified sexual activities or specified anatomical areas.
"Code compliance officer" means an officer or employee authorized by the governing body to enforce certain provi-
sions of this section.
"Director" means the community development director or the manager of the community development department
of the city of Moorpark or the director's designee.
"Establishment of an adult business" means any of the following:
1. The opening or commencement of any adult business as a new business;
2. The conversion of an existing business, whether or not an adult business, to any adult business;
3. The addition of any of the adult businesses defined herein to any other existing adult business; or
4. The relocation of any such adult business.
"Lap dance" includes chair dancing, couch dancing, straddle dancing, table dancing, and means an employee or in-
dependent contractor of an adult business intentionally touching any patron while engaged in adult live entertainment.
"On-site manager" means any person designated by the owner as responsible for the day-to-day on-site operation of
the adult business.
"Operate an adult business" means the supervising, managing, inspecting, directing, organizing, controlling or in
any way being responsible for or in charge of the premises of an adult business or the conduct or activities occurring on
such premises.
"Operator" means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is
responsible for or in charge of the premises of an adult business or the conduct or activities occurring on such premises.
"Owner" means all persons having a direct or indirect investment in an adult business; provided, however, where
such investment is held by a corporation, for the purposes of this section, each officer and director of a corporation and
each stockholder holding more than five percent (5%) of the stock of such corporation is deemed to be an owner.
'·Performer" means a person who is an employee or independent contractor of an adult business or any other person
who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of
an adult business.
Ordinance No. 515
Page 107
"Person" means any individual, firm, association, partnership, limited liability company, corporation or other form
of legal entity.
"Permittee" means any of the following:
I. The sole proprietor of an adult business;
2. Any general partner of a partnership that owns and operates an adult business;
3. The owner of a controlling interest in a corporation or limited liability company that owns and operates an adult
business; or
4. The person designated by the officers of a corporation or the members of a limited liability company to be the
permit holder for an adult business owned and operated by the entity.
"Police chief' means the chief of the city of Moorpark police department or the police chief's designee.
"Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, maga-
zine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which,
for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, de-
scribing or relating to specific sexual activities or specified anatomical areas.
"Sexually oriented merchandise" means sexually oriented implements and paraphernalia including but not limited
to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical bal-
loons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or
marketed primarily for the stimulation of human genital organs or sado-masochistic activity or which are characterized
by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.
"Specified anatomical areas" means:
I. Less than completely and opaquely covered human genitals; pubic region; buttocks, or female breast below a
point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
''Specified sexual activities" means:
1. Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
2. Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
3. Acts of human masturbation, sexual stimulation or arousal, actual or simulated;
4. Human genitals in a state of sexual stimulation or arousal;
5. Use of human or animal ejaculation;
6. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage, or restraints; or
7. Excretory functions as part of, or in connection with, any of the activities listed in (I) to (6) of this definition.
C. Permit Required. It is unlawful for any person to establish or operate any adult business within the city without
first obtaining, and continuing to maintain in full force and effect, an adult business permit and a business registration
from the city. The adult business permit will be subject to the development and operational standards of this section,
Section l 7.24.040(N) and the regulations of the zoning district in which the business is located.
D. Application Submittals.
1. Application. Any person desiring to obtain an adult business permit must submit an application to the communi-
ty development department on form(s) provided by the city. The application must contain, at a minimum, the following
information regarding the owners and the following items:
a. Name and address of all owners of the proposed adult business, collectively referred to hereafter as the "appli-
cant."
b. The previous residential addresses of all individual owners, if any, for a period of five (5) years immediately
prior to the date of filing the application and the dates of residence at each address.
c. Written proof that all individual owners are at least eighteen ( 18) years of age.
d. A five (5) year history of the applicant from the date of the application, as to the operation of any adult business
or similar business or occupation. A statement as to whether or not such applicant, in operating an adult business under
a permit or license, has had such permit or license revoked or suspended and the reasons therefor.
e. All criminal convictions or offenses described in Section l7.28.050(F)(2)(j) of the applicant; and whether the
applicant is required to register under the provisions of Section 290 of California Penal Code or Section I 1590 of the
California Health and Safety Code.
Ordinance No. 515
Page 108
f. Written authorization giving the city, its agents and employees authorization to seek infonnation and conduct an
investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the
permit.
g. The height, weight, and color of eyes and hair of all applicants.
h. Fingerprints and two (2) prints of a recent passport-size photograph of all applicants.
i. Business, occupation or employment history of the applicants for the five (5) years immediately preceding the
date of the application.
j. A nonrefundable deposit or fee as set forth by city council resolution.
k. A narrative description of the proposed business explaining how such business complies or will comply with the
applicable development and operational standards specified in this section and Section l 7.24.040(N).
I. A site plan showing the building or unit proposed for the adult business, the distance required by Section
17 .24.040(N) of the surrounding area and a fully dimensioned interior floor plan showing how the business complies or
will comply with the applicable development and operational standards specified in this section. The site plan and inte-
rior floor plan need not be professionally prepared but must be drawn to a designated engineering or architectural scale
to an accuracy of plus or minus six (6) inches.
m. A photometric plan, in accordance with Chapter 17 .30, Lighting Regulations, of the city of Moorpark Municipal
Code for all outdoor areas including parking areas.
n. If the applicant is a partnership, limited liability company or corporation, documentary proof that such entity
was duly fonned, and is authorized to do business and is in good standing in the state of California.
o. The fictitious name, if any, of the adult business, together with documentary proof of registration of the ficti-
tious name.
p. If the applicant does not own the lot or parcel on which the adult business will operate, the property owner or
lessor of the premises, as applicable, must consent to the filing of the application by signing and dating the application.
If the property owner or lessor is more than one natural person, one such person must sign the application. If the prop-
erty owner or lessor is a legal entity, a general partner, officer, director, member or other authorized person thereof
must sign the application.
q. A statement in writing and dated by the applicant certifying under penalty of perjury that the information con-
tained in the application is true and correct. If the applicant is one or more natural persons, one such person must sign
the application under penalty of perjury. If the applicant is a partnership, limited liability company or corporation, a
general partner, officer, director or member of the entity must sign the application under penalty of perjury.
r. Such other information as the director may reasonably deem necessary.
2. Determination of Completeness. The director will detennine whether the application contains all the infor-
mation and items required by the provisions of this section. If it is determined that the application is not complete, the
applicant will be notified in writing within five (5) business days of the date of receipt of the application that the appli-
cation is not complete and the reasons therefor, including any additional information necessary to render the application
complete. The applicant will have thirty (30) business days to submit additional information to render the application
complete. If within the thirty (30) business-day period, the applicant has not submitted the requested information the
application will be void. Within five (5) business days following the receipt of an amended application or supplemental
information, the director will again detennine whether the application is complete in accordance with the procedures
set forth in this subsection. Evaluation and notification will occur as provided above until such time as the application
is found to be complete or the application is withdrawn. The applicant will be notified within five (5) business days of
the date of the application is found to be complete (hereafter "application date"). All notices required by this section
will be deemed given upon the date any such notice is either deposited in the United States mail or the date upon which
personal service of such notice is provided.
E. Review of Application.
I. The director will promptly cause the investigation of the complete application and within thirty (30) business
days of the date of a complete application, either issue the permit or send by certified mail a written statement to the
applicant setting forth the reasons for denial of the pennit. If the director has not issued a decision on the application
within thirty (30) business days of the date of a complete application, the application will be deemed approved, subject
to an appeal under Section 17.28.050(M).
2. The director may deny the permit for any of the following reasons:
Ordinance No. 515
Page 109
a. An applicant has made one ( 1) or more material misstatements in the application;
b. The adult business, if permitted, will not comply with all applicable laws, including, but not limited to, the zon-
ing, building, health, housing and fire codes of the city;
c. An applicant has pied guilty, nolo contendere or been convicted within five (5) years of the application date of
an offense specified in Section l 7.28.050(F)(2)(j);
d. An applicant or any operator has had a permit or license for an adult business denied, revoked or suspended for
cause by any city, county or state within three (3) years of the application date;
e. An applicant is under eighteen (I 8) years of age;
f. The applicant failed to pay the filing fee required by this section.
If the permit is denied, the director must state in writing the reasons for the denial and in the notice to the applicant
must reference the applicant's right to an appeal under Section 17.28.0S0(M).
3. The decision of the director to issue or deny a permit will be final unless an appeal is timely filed under Section
17 .28.0S0(M).
F. Development and Operational Standards.
1. Development Standards.
a. Zoning Compliance. The building in which an adult business is located must comply with all applicable set-
backs and parking requirements of the applicable zoning district.
b. Exterior Lighting. All exterior areas, including parking lots regardless of the number of required parking spaces,
of the adult business must be in compliance with Chapter 17.30, Lighting Regulations, of the Moorpark Municipal
Code. Inoperable or broken lights must be replaced within twenty-four (24) hours.
c. Sound. The premises within which the adult business is located must provide sufficient sound-absorbing insula-
tion so that noise generated inside such premises will not be audible anywhere on any adjacent property or public right-
of-way or within any other building or other separate unit within the same building and shall be in compliance with
Chapter 17.53, Noise, ofthe Moorpark Municipal Code.
d. No Minors. The building entrance to an adult business must be clearly and legibly posted with a notice indicat-
ing that persons under eighteen (18) years of age are precluded from entering the premises. Such notice must be con-
structed and posted to the satisfaction of the director and in compliance with Chapter 17.40, Sign Regulations, of the
Moorpark Municipal Code. Persons under the age of eighteen ( 18) years may not be permitted within the premises at
any time.
e. Open Indoor Areas. All indoor areas within which patrons are permitted, except restrooms, must be open to
view at all times. Adult booths and individual viewing areas are prohibited.
f. Restrooms. Separate restroom facilities must be provided for male patrons and employees, and female patrons
and employees. Male patrons and employees are prohibited from using any restroom for females, and female patrons
and employees are p_rohibited from using any restroom for males, except to carry out duties of repair, maintenance and
cleaning of the restroom facilities. The restrooms must be free from any sexually oriented material. Restrooms may not
contain television monitors or other motion picture or video projection, recording or reproduction equipment. This sub-
section does not apply to an adult business which deals exclusively with the sale or rental of sexually oriented material
which is not used or viewed on the premises, such as an adult bookstore or adult video store, and which does not pro-
vide restroom facilities to its patrons or the general public.
g. Residential Conversions Prohibited. Residential structures may not be converted for use as an adult business.
h. Portable Structures Prohibited. Adult business may not be located in any temporary or portable structure.
2. Operational Standards.
a. Hours. Adult business may not operate or be open for business between the hours of two (2:00) a.m. and nine
(9:00) a.m.
b. Employment of Minors Prohibited. An owner or operator of any adult business may not employ or permit to be
employed any person who is not at least eighteen ( 18) years of age.
c. Presence of Minors on Premises Prohibited. An owner or operator of an adult business may not allow or permit
any person under the age of eighteen ( 18) years to enter, be in or remain in any such business. Operators must deter-
mine the age of persons who enter the premises by checking the driver's license or other authorized identification of
such person.
Ordinance No. 515
Page 110
d. Screening of Interior of Premises and Display of Sexually Oriented Materials. No adult business may be operat-
ed in any manner that permits the observation of any material or activities depicting, describing or relating to specified
sexual activities or specified anatomical areas from any public way or from any location outside the building or area of
such establishment. This provision applies to any display, decoration, sign, show window or other opening. No exterior
door or window on the premises may be propped or kept open at any time while the business is open, and any exterior
windows must be covered with opaque covering at all times or otherwise screened to prevent a view of the interior in a
manner approved by the director.
e. Alcoholic Beverages Prohibited. Alcoholic beverages may not be served, consumed or sold on the premises of
an adult business.
f. fnterior Lighting. All areas of the adult business must be illuminated at a minimum of the following foot-
candles, minimally maintained and evenly distributed at ground level:
Area Foot-candles
Stores and other retail establishments 20
Theaters and cabarets 5 (except during performances, at which times lighting must be at
least 1.25 foot-candles.)
Arcades IO
Modeling studios 20
g. On-site Manager-Security Measures.
I. On-site Manager. All adult businesses must have a responsible person who is over the age of eighteen ( 18) and
is on the premises to act as manager at all times during which the business is open. Performers may not serve as a man-
ager. The name of any individual designated as the on-site manager must be provided to the director in order to receive
all complaints and be given the responsibility and duty by the owner or operator to address and immediately resolve all
violations of law taking place on the premises.
2. Adult businesses must employ state licensed uniformed security guards in order to maintain the public peace
and safety, based upon the following standards:
i. Adult businesses featuring adult live entertainment and performers must provide at least one (I) security guard
at all times while the business is open. ff the occupancy limit of the premises is greater than thirty-five (35) persons, an
additional security guard must be on duty.
ii. Security guards for other adult businesses may be required if it is determined by the police chief that their pres-
ence is necessary in order to prevent any of the conduct listed in this section from occurring on the premises.
3. Security guards will have a duty to prevent violations of law and enforce compliance by patrons of the require-
ments of these regulations. Security guards must be uniformed in such a manner so as to be readily identifiable as a
security guard by the public and must be duly licensed as a security guard as required by applicable provisions of state
law. No security guard required under this subsection may act as a door person, ticket seller, ticket taker, admittance
person, performer or sole occupant of the manager's station while acting as a security guard.
h. Adult Live Entertainment-Additional Operating Regulations. The following additional requirements apply to
adult businesses providing adult live entertainment:
I. A person may not perform adult live entertainment for patrons of an adult business except upon a permanently
fixed stage at least eighteen ( 18) inches above the level of the floor and surrounded by a three (3) foot high barrier or
by a fixed rail at least thirty (30) inches in height. A distance of at least six (6) feet, measured horizontally, must be
maintained between patrons and performers at all times during which a performer is revealing specified anatomical
areas or depicting or engaging in specified sexual activities. Patrons may not be permitted on the stage while the stage
is occupied by a performer. This provision does not apply to an individual viewing area where the performer is com-
pletely separated from the area in which the performer is viewed by an individual by a permanent floor to ceiling, solid
barrier.
2. A performer may not have physical contact with any patron, and patrons may not have physical contact with
any performer, while the performer is performing on the premises. In particular, a performer may not have physical
contact with a patron and a patron may not have physical contact with a performer, which physical contact involves the
touching of the clothed or unclothed genitals, pubic area. buttocks, cleft of the buttocks, perineum, anal region, or fe-
Ordinance No. 515
Page 111
male breast with any part or area of any other person's body either before or after any adult live entertainment by such
performer. This prohibition does not extend to incidental touching. Patrons must be advised of the no touching re-
quirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing
red or black printing of letters not less than one (I) inch in size. If necessary, patrons must also be advised of the no
touching requirements by employees or independent contractors of the establishment.
3. All employees and independent contractors of the adult business, except performers while performing on the
fixed stage as provided in subsection I of this subsection, while on or about the premises, must wear at a minimum an
opaque covering which covers their specified anatomical areas.
4. If patrons wish to pay or tip performers, payment or tips may be placed in containers placed at least six ( 6) feet
from the stage used by the performers. Patrons may not throw money to performers, place monies in the performers'
costumes or otherwise place or throw monies on the stage. Patrons must be advised of this requirement by signs con-
spicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of
letters not less than one (I) inch in size.
5. The adult business must provide dressing rooms for performers, that are separated by gender and exclusively
dedicated to the performers' use and which the performers must use. Same gender performers may share a dressing
room. Patrons are not permitted in dressing rooms.
6. The adult business must provide an entrance/exit to the establishment for performers that are separate from the
entrance/exit used by patrons, and the performers must use this entrance/exit at all times.
7. The adult business must provide access for performers between the stage and the dressing rooms that is com-
pletely separated from the patrons. If such separate access is not physically feasible, the adult business must provide a
minimum three (3) foot wide walk aisle for performers between the dressing room area and the stage, with a railing,
fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing
any physical contact between patrons and performers. The patrons must remain at least three (3) feet away from the
walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title
24 of the California Code of Regulations pertaining to handicapped accessibility.
i. Adult Theater-Additional Operating Requirements. The following additional requirements apply to adult thea-
ters:
I. If the theater contains a hall or auditorium area, the area must comply with each of the following provisions:
i. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of
persons who may occupy the hall or auditorium area;
ii. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditori-
um area is visible from the aisle at all times;
iii. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the
maximum number of persons who may occupy the hall or auditorium area, which number may not exceed the number
of seats within the hall or auditorium area; and
iv. If an adult theater is designed to permit outdoor viewing by patrons seated in automobiles, it must have the mo-
tion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those
patrons may not be seen from any public right-of-way, child day care facility, public park, school, or religious institu-
tion or any residentially zoned property occupied with a residence.
j. No owner or operator of any adult business may have pied guilty, nolo contendere or been convicted within the
past three (3) years of any of the following offenses or convicted of an offense outside the state of California that would
have constituted any of the following offenses if committed within the state of California: Sections 243.4, 261, 266a
through 266j, inclusive, 267, 3 14, 315, 316, 318, or subdivisions (a), (b) and ( d) of Section 64 7 of the California Penal
Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section
11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale,
sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057
or 11058 of the California Health and Safety Code, as those sections may hereafter be amended.
k. An owner, operator, employee or performer of an adult business may not personally solicit, or permit the per-
sonal solicitation ot~ motorists or pedestrians in the vicinity of the adult business.
Ordinance No. 515
Page 112
I. Every adult business must display at all times during business hours the permit issued pursuant to the provisions
of this section for such adult business in a conspicuous place so that the permit may be readily seen by all persons en-
tering the adult business.
G. Prohibited Conduct at Adult Businesses.
1. A person may not operate or cause to be operated an adult business knowingly, or with reason to know, pem1it-
ting, suffering, or allowing any employee or independent contractor:
1. To engage in a lap dance with a patron at the business;
ii. To contract or otherwise agree with a patron to engage in a couch dance, lap dance, or straddle dance with a
person at the business;
iii. To intentionally touch any patron at an adult business while engaged in the display or exposure of a specified
anatomical area or engaged in or simulating a specified sexual activity;
iv. To voluntarily be within six (6) feet of any patron while engaged in the display or exposure of any specified
anatomical area or engaged in or simulating a specified sexual activity;
v. To solicit or request any gratuity, pay, or any other form of consideration from a patron on the premises of the
adult-oriented business while engaged in the display or exposure of any specified anatomical area or engaged in or
simulating a specified sexual activity.
2. Persons at any adult business may not intentionally touch an employee or independent contractor who is dis-
playing or exposing any specified anatomical area or engaging or simulating a specified sexual activity at the adult
business.
3. Persons at any adult business may not engage in a couch dance, lap dance or straddle dance with an employee
or independent contractor at the business who is displaying or exposing any specified anatomical area or engaging in or
simulating a specified sexual activity.
4. Person may not directly pay, offer to pay, or otherwise seek to provide a gratuity, pay, or any other form of con-
sideration to a performer at an adult-oriented business. Person may not use an intermediary, such as an employee or
independent contractor to offer, provide, or otherwise pay a gratuity or other form of consideration to a performer at an
adult-oriented business.
5. Employees or independent contractors of an adult business may not engage in a performance, solicit a perfor-
mance, make a sale, provide a service, or solicit a service between the hours of two (2:00) a.m. and nine (9:00) a.m.
6. Waiters or waitresses employed at an adult business may not appear on the premises thereof in the nude, semi-
nude, or display or expose specified anatomical areas.
H. Permit Requirements-Effect of Noncompliance. The requirements described in Chapter 5.18, Adult Business
Performer Permit, are conditions of an adult business permit, and the failure to comply with any applicable requirement
is grounds for revocation of the permit issued pursuant to this section.
I. Permit Duration. An adult business permit will be valid for a period of one ( 1) year from the date of issuance.
J. Permit Renewal. An adult business permit must be renewed on an annual basis, provided that the permittee and
the adult business continues to meet all applicable requirements set forth in this section. A request for permit renewal
must be accompanied by an adult business permit application, completed in full detail with current information. The
application and appropriate fee must be received by the city at least forty (40) calendar days prior to the expiration of
the existing permit. The city will process a request for a permit renewal in the same manner as the original application.
K. Permit Transferability. Adult business permits may not be sold, transferred, or assigned by any permittee, or by
operation of law, to any other person unless and until the transferee obtains an amendment to the permit from the direc-
tor stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an
application with the director in accordance with Section 17.28.050(0) (including payment of the applicable application
fee), and the director determines in accordance with Section l7.28.050(E) that the transferee would be entitled to the
issuance of the original permit. Without such amendment to the permit, any other purported sale, transfer, or assign-
ment or attempted sale, transfer, or assignment will be deemed to constitute a voluntary surrender of the permit and
thereafter the permit will be null and void. An adult business permit held by a corporation, partnership or limited liabil-
ity company is subject to the same rules of transferability. An adult business permit will be valid only for the exact lo-
cation specified in the permit.
Ordinance No. 515
Page 113
L. Enforcement and Revocation.
I. Inspections. All code compliance officers have the right to enter the premises of an adult business from time to
time during regular business hours to make reasonable inspections, to observe and enforce compliance with building,
fire, electrical, plumbing or health regulations, and to ascertain whether there is compliance with the provisions of this
section.
2. Revocation Grounds. The director may revoke an adult business permit when:
1. Any of the applicable requirements of this section ceases to be satisfied; or
11. The application is discovered to contain incorrect, false or misleading information; or
111. An owner has pied guilty, nolo contendere or been convicted of a felony or misdemeanor occurring upon, or
relating to the premises or lot upon which the adult business is located, which offense is one of those listed in Section
I 7.28.050(F)(2)(i); or
iv. Any operator, employee, agent or contractor of the permittee has pied guilty, nolo contendere or been convicted
on two (2) or more occasions within a twelve ( 12) month period of a felony or misdemeanor occurring upon, or relating
to the premises or lot upon which the adult business is located, which offense is one of those listed in Section
I 7.28.050(F)(2)(i); or
v. The permittee, operator or any employee, agent or contractor of the owner has knowingly allowed prostitution,
or solicitation for prostitution, on the premises; or
vi. The permittee, operator or any employee, agent or contractor of the owner has knowingly allowed the premises
to be used as a place where a controlled substance has been illegally consumed, sold or exchanged; or
vii. The adult business has been operated in violation of any of the requirements ofthis section and;
(a) If the violation is of a continuous nature, the business continues to be operated in violation of such provision for
more than ten (I 0) days following the date written notice of such violation is mailed or delivered to the permittee, or
(b) If the violation is ofa noncontinuous nature, one (1) or more additional violations of the same provision, or two
(2) or more violations of any other of the provisions, of this section occur (regardless of whether notice of each indi-
vidual violation is given to the permittee) within any twelve (12) month period.
3. Revocation Notice. Upon determining that grounds for permit revocation exist, the director will furnish written
notice of the proposed revocation to the permittee. Such notice must summarize the principal reasons for the proposed
revocation and state that the revocation will become effective on the twentieth (20th) day after the notice was deposited
in the U.S. mail, unless the permittee files an appeal under Section l7.28.050(M). The notice must be delivered both by
posting the notice at the location of the adult business and by sending the same, certified mail to the permittee as that
name and address appears on the permit.
M. Appeals.
I. Any interested person may appeal a decision of the director regarding an application or revocation of an adult
business permit by filing with the city clerk a complete notice of appeal within fifteen (15) calendar days from the date
notice of such decision is mailed. To be deemed complete, the appeal must be in writing, state the grounds for disa-
greement with the director's stated decision, include the address to which notice is to be mailed, be signed under penal-
ty of perjury, and be accompanied by the filing fee established by city council resolution.
2. If an appeal is timely filed, the city council will at the next regularly scheduled city council meeting held more
than five (5) calendar days after receipt of such notice of appeal, review the matter and determine whether the city
council or a hearing officer will hear the appeal.
3. The city council or the hearing officer, as the case may be, must set a date, not less than five (5) calendar days,
and not more than twenty-one (21) calendar days from the date such determination is made by the city council for the
hearing of the appeal. The hearing may be continued for good cause. The hearing will be a de novo hearing on the ac-
tion appealed from.
4. The hearing officer or city council will issue written findings and a decision within ten ( I 0) calendar days of the
conclusion of the hearing and send notice of the decision by certified mail to the appellant. The notice of the decision
must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedure Sec-
tion I 094.8.
5. The action by the hearing officer or city council will be final unless timely judicial review is sought pursuant to
California Code of Civil Procedure Section I 094.8.
Ordinance No. 515
Page 114
N. Reapplication after Denial or Revocation.
1. Reapplication after Denial. An applicant for a permit under this section whose application for such permit has
been denied may not reapply for a permit for a period of one (I) year from the date such notice of denial may be depos-
ited in the mail or received by the permittee, whichever occurs first. However, a reapplication prior to the termination
of one (I) year may be made if accompanied by evidence that the ground or grounds for denial of the application no
longer exists.
2. Reapplication after Revocation. No person may obtain an adult business permit for three (3) years from the date
any order of permit revocation affecting such person has become final.
0. Violations.
I. Any owner, operator, permittee, employee or independent contractor of an adult business violating or permitting
the violation of any of the provisions of this section regulating adult businesses will be subject to any and all civil rem-
edies, including license or permit revocation. All remedies provided herein are cumulative and not exclusive.
2. In addition to the remedies set forth in subsection 1, any adult business that is operating in violation of these
provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or
enjoined from further operation.
3. The regulations imposed under this section are part of a regulatory permitting process, and do not constitute a
criminal offense. Notwithstanding any other provision of the Moorpark Municipal Code, the city does not impose a
criminal penalty for violations of this section related to expressive activities.
P. Regulations Nonexclusive. The provisions of this section regulating adult businesses are not intended to be ex-
clusive and compliance therewith will not excuse noncompliance with any other applicable regulations pertaining to the
operation of businesses adopted by the city.
17.28.060 Emergency shelters and single room occupancy unit developments.
A. Emergency Shelters.
1. One emergency shelter facility per lot is allowed and shall be located at least 300 feet from any other emer-
gency shelter, as measured from the closest property line.
2. Overnight occupancy shall be limited to one (I) bed per seventy (70) square feet of sleeping area and shall be in
accordance with city building code requirements. Maximum occupancy per facility shall be limited to thirty (30) beds.
For purposes of determining maximum occupancy, one ( 1) shelter client per bed is assumed.
3. General Development Requirements. Emergency shelters shall comply with development requirements of the
underlying zone.
4. Lighting. Lighting shall comply with Chapter 17.30 of this code.
5. Parking. Parking shall comply with Chapter 17.32 of this code.
6. Signage. Signage shall comply with Chapter 17.40 of this code.
7. Services and facilities shall be provided for emergency shelters as follows:
a. A client intake and waiting area shall be provided and shall be adequately sized to accommodate waiting clients.
The intake area must be indoors.
b. The facility shall provide a sleeping area and separate restrooms for males and females and shall comply with
city building code requirements.
c. Other on-site services that are permitted include:
1. Showers;
11. Laundry facilities;
111. Kitchen, food preparation, and dining areas;
1v. Storage areas to secure client belongings;
v. Private area or office for providing referral services to assist shelter clients;
v1. Other similar services for clients, as determined by the community development director.
8. Prior to issuance of a zoning clearance for occupancy, a written operational plan for the facility shall be submit-
ted to the community development director and Moorpark police chief that demonstrates compliance with all zoning
requirements. The operational plan shall contain the name, address, phone number and driver's license number of the
owner, operator and facility manager; and specific operational procedures including, but not limited to, the following:
a. An individual must vacate shelter between nine (9:00) a.m. and five (5:00) p.m. daily.
Ordinance No. 515
Page 115
b. An individual shall not use the facility for more than one hundred eighty ( 180) days.
9. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
B. Single Room Occupancy (SRO) Unit Developments.
I. One (I) single room occupancy (SRO) unit development per lot is allowed and shall be located at least five
hundred (500) feet from any other SRO unit development, as measured from the closest property line.
2. Facilities shall be provided for SRO unit developments as follows:
a. Minimum unit size of two hundred (200) square feet.
b. Maximum unit size of four hundred ( 400) square feet.
c. Other on-site services that are permitted include:
1. Laundry facilities;
ii. Manager's office;
n1. Other similar services for clients, as determined by the community development director.
3. No transient occupancy; units must be occupied as the primary residence of the client.
4. Prior to issuance of a zoning clearance for occupancy, a written operational plan for the facility shall be submit-
ted to the community development director and Moorpark police chief that demonstrates compliance with all zoning
requirements. The operational plan shall contain the name, address, phone number and driver's license number of the
owner, operator and facility manager.
5. General Development Requirements. SRO unit developments shall comply with C-2 zone development re-
quirements.
6. Lighting. Lighting shall comply with Chapter 17.30 of this code.
7. Parking. Parking shall comply with Chapter 17.32 of this code.
8. Signage. Signage shall comply with Chapter 17.40 of this code.
9. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
17.28.070 Produce stands.
A. One ( 1) sales produce stand per lot is allowed.
B. The produce stand shall be accessory to the permitted plant production on the same lot, and only if at least nine-
ty-five percent (95%) of the area of the lot is devoted to plant production.
C. A produce stand may sell raw unprocessed fruits, vegetables, nuts, seeds, cut flowers and ornamental plants
grown on the same lot and on other lots, under the same ownership, which are located in the city.
D. The floor area of the produce stand shall not exceed four hundred ( 400) square feet.
E. The produce stand shall be set back at least thirty (30) feet from any public road, street or highway. This setback
area shall be kept free and clear of impediments in order to provide an area for off-street parking.
F. The construction thereof shall be of a temporary nature and shall not include a permanent foundation.
G. One (I) freestanding sign a maximum height of eight (8) feet and a maximum of thirty-two (32) square feet and
one (I) sign attached to the produce stand, in addition to signs otherwise allowed on the property pursuant to Chapter
17 .40 of this title, are allowed.
Ordinance No. 515
Page 116
17.28.075 Community Gardens
A. Size Limit. Community gardens shall not exceed two acres.
B. Performance Standards. The use of a community garden may not involve hazardous materials or processes or
create offensive or objectionable noise, vibration, odors, heat, dirt, or electrical disturbance perceptible by a person
beyond the lot line of the subject lot.
C. Operating Standards.
I) Property owners must have an established set of operating rules addressing the governance structure of the
garden, hours of operation, maintenance, and security requirements.
2) Site must have a garden coordinator to perform the coordinating role for the management of the community
gardens and to liaise with the City.
3) Site must assign garden plots in a fair and impartial manner according to the operating rules established for
that garden.
4) The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on
file with the Community Development Department.
5) The land shall be served by a water supply sufficient to support the cultivation practices used on the site.
6) The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.
7) All seed, fertilizer, and animal feed shall be stored in a sealed, rodent proof container and housed within an
enclosed structure.
8) Pesticides, herbicides, or other soil additives prohibited by state, federal, or other law shall not be used within
a community garden.
D. Compost. Compost materials shall be stored at least I 0-feet from any property line and in a manner that is not
visible from adjacent property or offsite, controls odor, prevents infestation, and minimizes runoff into waterways
and onto adjacent properties. Waste shall be collected regularly by the municipality. Gardeners shall ensure that
waste containers are placed in specified location to assist municipality in waste removal.
E. Farm Equipment. Use of mechanized farm equipment is not permitted except to initially to prepare the land for
agriculture use.
F. Animals and Beekeeping. Community gardens shall be subject to the animal and apiculture allowances and
requirements included within 17 .28.030.
17.28.080 Standards related to industrial hemp product retail sales, stand-alone.
Industrial Hemp Product Retail Sales, Stand Alone Retail Requirements. Industrial hemp product retail sales may be
conducted in certain commercial zones, with a zoning clearance meeting all of the requirements of this section.
A. Application. An application for a zoning clearance shall be filed with the community development director on
forms prescribed by the community development director along with the fee established by city council resolution.
B. Approval Criteria. The community development director shall approve an application for an industrial hemp
retail sales establishment that meets the following criteria:
I. Industrial hemp retail sales establishment must be at least six hundred (600) feet from a school or sensitive site
property boundary, as measured from the public entrance(s) of the store. For the purposes of this section, schools in-
clude educational facilities providing instruction in pre-school, kindergarten or any grades one (I) through twelve ( 12),
that is in existence at the time the license is issued ( do not include Moorpark College) and sensitive site include parks,
child day care centers, youth centers, and churches;
2. Shall comply with the standards outlined in Section l 7.44.030(8), Zoning clearance;
3. 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;
4. The industrial hemp retail sales establishment shall not sell tobacco or alcoholic beverages; and
5. A valid business registration shall be required.
C. Conditions. In granting a zoning clearance for industrial hemp retail sales, the director may impose conditions
to safeguard and protect the public health and safety and promote the general welfare. The applicant shall agree in writ-
ing to comply with all conditions prior to the issuance of a zoning clearance.
Ordinance No. 515
Page 117
D. Duration of Permit. Unless otherwise stated in the zoning clearance for an industrial hemp retail sales estab-
lishment, the zoning clearance at the approved address shall be valid until six (6) months after the use for which the
permit was issued has ceased or until the permit is revoked.
E. Revocation of Permit. A zoning clearance for an industrial hemp retail sales establishment may be revoked pur-
suant to the revocation provisions of Chapter 17.44 of this title if the community development director makes any of
the following findings in addition to any of the findings for revocation in Chapter 17.44 of this title and notifies the
applicant in writing:
I. A condition of the zoning clearance has been violated;
2. The use has become detrimental to the public health, welfare and safety; is resulting in a significant traffic im-
pact or constitutes a nuisance;
3. The zoning clearance was obtained by misrepresentation or fraud;
4. The use for which the zoning clearance was granted has ceased for six (6) months or more; and
5. The use for which the zoning clearance was granted has become nonconforming due to a change in the munici-
pal code and a reasonable period of time, as determined by the community development director, has elapsed to allow
for the termination or relocation of the use.
In the event of a conflict between the findings and provisions of this section with respect to the revocation of a zon-
ing clearance and those of Chapter 17.44, the findings and provisions of this section shall control.
17.28.090 Chain stores and aesthetics on High Street.
A. Purpose. The purpose of this section is to regulate the location and operation of chain stores in the Old Town
Commercial (C-OT) zone in order to maintain the small town, rural character, and the economic vitality of the city's
commercial center. The city has determined that the preservation of High Street's unique architecture, streetscape, and
other design elements will promote the long-term viability of the historic commercial center. The city has also deter-
mined that preserving a balanced mix of local-, regional-, and national-based businesses as well as small and medium
sized businesses will maintain and promote the long-term economic vitality of neighborhood and visitor-serving busi-
nesses and the community as a whole. It is therefore the intention of the city that an over-concentration of chain stores
not be allowed. All chain stores are prohibited in the Old Town Commercial (C-OT) zone unless approved with a con-
ditional use permit, subject to the findings contained in this section. Any chain store approved with a conditional use
permit shall create a unique visual appearance that reflects and complements the distinctive historical character of High
Street.
8. Applicability. This section applies to any proposed use in the Old Town Commercial (C-OT) zone determined
to be a chain store.
C. Responsibility of Chain Store Use Determination.
I. Any application in the Old Town Commercial (C-OT) zone determined by the city to be a chain store on which
the applicant has not identified the use as a chain store is incomplete and cannot be processed until the omission is cor-
rected.
2. Any entitlement approved that is determined by the city to have been, at the time of application, a chain store
that did not identify the use as such is subject to revocation in writing at any time.
3. In the event the city determines that a permit application or permit subject to this section is for a chain store, the
permit applicant or holder bears the burden of proving to the city that the proposed or existing use does not constitute a
chain store.
D. Conditional Use Permit (CUP) Process.
I. Approval of a conditional use permit is required for any chain stores proposed in the Old Town Commercial (C-
OT) zone;
2. The expansion of any existing chain store in the Old Town Commercial (C-OT) zone shall require a conditional
use permit if the chain store does not already have a conditional use permit;
3. The cumulative expansion of a permitted chain store by five hundred (500) or more square feet of floor area
shall require a modification to the conditional use permit;
4. The chain store shall fully comply with all applicable regulations of the zoning code including adherence to the
design guidelines established in the downtown specific plan;
Ordinance No. 515
Page 118
5. In addition to all of the findings required by Section l 7.44.040(O), all of the following findings must be made
prior to the issuance of a conditional use permit for a chain store:
a. The chain store will not result in an over-concentration of chain stores in the Old Town Commercial (C-OT)
zone;
b. The chain store will promote variety to assure a balanced mix of commercial uses available to serve both resi-
dent and visitor populations;
c. The chain store will contribute to an appropriate balance of local-, regional-, and national-based business estab-
lishments as well as small-and medium-sized business establishments in the zone; and
d. The proposed use, together with its design and improvement, is compatible with the existing architectural and
aesthetic character of High Street and adheres to the design guidelines of the downtown specific plan.
17.28.100-17.28.110 Reserved.
17.28.120 Temporary filming.
A. Definitions. For the purposes of this title, the following definitions shall apply:
I. "Motion picture, television, or still photography" shall mean and include all activity attendant to staging or
shooting commercial motion pictures, television shows, or programs, commercials, digital media, still photography,
and student films in any medium, including film, tape, or digital format.
2. "Charitable films" shall mean commercials, motion pictures, television, digital media, or still photography pro-
duced by a nonprofit organization, which qualifies under Section 50I(C)(3) of the Internal Revenue Code as a charita-
ble organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film
or from showing the films, tapes, or photos.
3. "News media" shall mean the photographing, filming, or videotaping for the purpose of spontaneous, unplanned
television news broadcasts ("breaking news"), or reporting for print media by reporters, photographers, or cam-
erapersons.
4. "Student" shall mean a person producing motion picture, television, or still photography to satisfy a secondary
or post-secondary school course requirement at an educational institution.
5. "Studio" shall mean a fixed place of business certified as such by the community development director where
filming activities (motion or still photography) are regularly conducted upon the premises.
8. Permits and Exemptions.
I. Permit Required. No person shall use any public or private property, facility, or residence for the purpose of
motion picture, television, or still photography production without first applying for and receiving a permit from the
community development director.
2. Exemptions. The provisions of this section shall not apply to or affect the following:
a. News Media. Reporters, photographers, or camerapersons in the employ of a newspaper, news service, or simi-
lar entity engaged in news media, including on-the-spot print media, publishing, or broadcasting of news events con-
cerning those persons, scenes, or occurrences that are in the news and of general public interest.
b. Personal/Family Video. The recording of visual images (motion or still photography) solely for private personal
use, and not for commercial use.
c. Studio Filming. Filming activities (motion or still photography) conducted at a studio designated for such use.
d. Still Photography for Business Advertisements. Still photography for advertisements produced at the business
that is the subject of the advertisements, provided all filming activities take place on private property and result in no
impairment of the use of the public right-of-way or other public facilities.
e. City-sponsored Filming. Filming by the city, provided the filming results in no impairment of the use of the
public right-of-way or other public facilities.
3. Rules and Regulations. The community development director is hereby authorized and directed to promulgate
rules and regulations, subject to approval by resolution of the city council, governing the form, time, and location of
motion picture, television, or still photography within the city. The director is also authorized to issue permits that au-
thorize motion picture, television, or still photography. The rules and regulations will be based upon the following cri-
teria:
a. The health and safety of all persons;
Ordinance No. 515
Page 119
b. Mitigation of disruption to all persons within the affected area;
c. The safety of property within the city; and
d. Traffic congestion at particular locations within the city.
4. Applicants and Issuance.
a. Issuing Authority. The community development director is responsible for issuing the permits required by this
section for motion picture, television, or still photography.
b. Applications. The following information shall be included in the application for a permit to engage in motion
picture, television, or still photography:
i. The applicant and his or her electronic mail (E-mail) address and cellular phone number, as well as the address,
E-mail address, and telephone number of the contact person at the place at which the activity is to be conducted;
11. The specific location at such address or place;
iii. The inclusive hours and dates such activity will occur;
iv. A general statement describing the character or nature of the proposed filming activities;
v. The name, address, E-mail address, and cell phone number of the person or persons in charge of such filming
activity;
vi. The number of personnel to be involved;
vii. Activity that may cause an impact to the public health, safety, or welfare, such as the use of any animals, gun-
fire or pyrotechnics, low flying helicopters and/or unmanned aircraft systems (drones);
viii. The exact amount/type of vehicles/equipment to be employed along with a parking plan; and
ix. All applicable documentation (remote pilot certificate, UAS registration certificate, waivers, description of
flight operations, etc.) ifa UAS (drone) is being used.
c. Fee Schedule. The city council is authorized to adopt a fee schedule for film permits by resolution to recover the
city's cost of operating the permitting program described in this section, provided that the fee shall not be charged for
charitable films or for motion picture, television, or still photography done by a student. However, fees for direct ser-
vices provided by the city for such filming, including, but not limited to, traffic control and police services, shall be
charged for charitable films and student films.
d. Reimbursement for Personnel. The applicant shall reimburse the city for any city services provided to the appli-
cant ( e.g., police, traffic) for the purpose of assisting or facilitating the production, whether such services are requested
by the applicant or imposed as a condition of the permit.
e. Change of Date. Upon request of the applicant and good cause showing, the director may change the date(s) for
which the permit has been issued.
5. Liability.
a. Liability Insurance. Before a permit is issued, the applicant shall provide the director a certificate of insurance
naming the city as additional insured for protection against claims of third persons for personal injuries, wrongful
deaths, and property damage. The policy shall be one million dollars ($1,000,000.00) combined single-limit per occur-
rence. Higher liability limits or separate aerial coverage shall be required for the use of helicopters and/or drones, or as
otherwise determined by the director based upon the proposed activity. City officers, employees, and agents shall also
be named as additional insured. The applicant must provide evidence of insurance coverage that will not expire until
the completion of all planned production activities, including the strike and restoration of all locations. A copy of the
certificate will remain on file.
b. Worker's Compensation Insurance. The applicant shall conform to all applicable federal and state requirements
for workers' compensation insurance for all persons operating under a permit.
c. Hold Harmless Agreement. The applicant shall execute a hold harmless agreement as provided by the city prior
to the issuance of a permit under this section.
d. Security Deposit. To ensure cleanup and restoration of location sites, the applicant may be required to submit a
refundable deposit in an amount to be determined by the director based upon the type of activity. Upon completion of
filming and inspection of the site by the city, if no verifiable damage has occurred, the security deposit shall be returned
to the applicant.
6. Violations. If an applicant violates any provisions of this section or a permit issued pursuant thereto, the city
may provide the applicant with verbal or written notice of such violation. If the applicant fails to correct the violation,
the city may revoke the permit, and all filming activity must cease. Any applicant who willfully refuses or fails to com-
Ordinance No. 515
Page 120
ply with the provisions of this section or any terms and conditions of any permit issued thereto shall be guilty of an
infraction, and every violation shall be construed as a separate offense for each day or part of a day during which such
violation continues.
17.28.130 Outdoor sales and services-Temporary.
Such uses are permitted for one (I) calendar day in any ninety (90) day period, provided that they do not disrupt
normal traffic flows and do not result in the blocking of public rights-of-way, parking lot aisles or required parking
spaces. All related facilities and materials shall be removed on the departure of the use.
17 .28.135 Outdoor dining.
The standards in this section shall apply to outdoor dining in permitted zones in Table 17.20.060, associated with a
permitted restaurant or food establishment.
I. The proposed outdoor dining will not constitute a nuisance to adjacent properties, adjacent businesses, nor
adjacent outdoor uses, and will not result in noise, odors, vibration, dust, light, nor smoke;
2. The outdoor dining area shall be maintained clean, tidy, and free of trash and food materials at all times;
3. The outdoor dining furniture shall be matching, maintain in good working order, free of rust, breaks, tears, etc.;
4. Should outdoor dining areas be enclosed by a fence, landscape planter other device, the enclosure shall be made
of durable and high-quality material, affixed or weighted, and maintained in a clean and tidy manner free of signs;
5. Outdoor dining furniture shall not contain signs or other advertising materials;
6. Outdoor dining areas shall be locked together or moved indoors when the associated business is closed to avoid
theft and nuisance issues;
7. The proposed outdoor dining area complies with all state and local regulations. The proposed use shall be
separated from other outdoor uses by no less than six feet and shall maintain all required public paths of travel
and accessways;
8. Outdoor dining shall be limited to the area directly adjacent to the business and shall not be placed adjacent to
neighboring business frontages without prior written consent of such business and the property owner;
9. Outdoor dining areas shall not allow for live entertainment, service of alcohol or other uses otherwise addressed
by different permit standards; and
I 0. Outdoor dining areas shall not encroach into the areas near comers of sidewalks or where crosswalks are present.
This area shall be defined as a 15-foot area, beginning at the crosswalk or curb cuts.
17 .28. I 40 Christmas tree sales.
The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during the forty-five ( 45) day
period immediately preceding December 25th. Such sales activities shall not disrupt normal traffic flows, nor result in
the blocking of public rights-of-way, parking lot aisles or required parking spaces. All related structures, facilities and
materials shall be removed by December 31st of the same year. Christmas tree sales are allowed one (I) temporary,
unlighted identification sign not exceeding twenty (20) square feet in area.
17.28.150 Temporary buildings during construction.
A mobilehome, recreational vehicle or commercial coach may be used as a temporary dwelling unit or office on a
construction site in accordance with Section 17.20.060 of this title, provided that a building permit for such construc-
tion is in full force and effect on the same site. The unit shall be connected to a water supply and sewage disposal sys-
tem approved by the Ventura County environmental health division and shall be removed from the site within forty-
five (45) days after a clearance for occupancy is issued by the city department of building and safety.
17.28.160 Storage of building materials-Temporary.
The temporary storage of construction materials is permitted on a lot adjacent to one on which a valid zoning clear-
ance and building perm it allowing such construction is in force, or on a project site within a recorded subdivision. Such
storage is permitted during construction and for forty-five (45) days thereafter.
Ordinance No. 515
Page 121
17 .28.170-17 .28.230 Reserved.
17 .28.240 Bicycle and skate parks.
A. Purpose. The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls
for the design, placement and use of facilities and structures (hereinafter referred to as "facilities") for bicycles and
skates such as, but not limited to: skateboards, bicycles, unicycles, tricycles and roller skates. Such regulations are es-
tablished to minimize the impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of
privacy, traffic congestion, trespassing and risk of damage or injury from flying projectiles and debris.
B. Application.
I. Facilities less than forty-two ( 42) inches in height above adjacent finished grade level, which cover less than
thirty-two (32) square feet of aggregate ground area and do not have a platform on which to stand, are exempt from the
requirements of subsections (C) through (I) of this section. Such exempt facilities must otherwise meet the provisions
of the zoning ordinance.
2. Those facilities not exempt may be permitted upon issuance of a zoning clearance provided all standards of this
title are met.
3. Facilities that exceed the standards set forth in subsections (C) through (G) of this section may be authorized by
a conditional use permit approved by the director of community development.
C. Size. No point on a facility shall extend more than eight (8) feet above adjacent finished grade level and no fa-
cility or collection of facilities on a given lot shall cover more than four hundred ( 400) square feet of aggregate ground
area.
D. Setbacks. All facilities shall be set back the following distances from all other structures and property lines:
I. All facilities shall be set back a minimum of six (6) feet from all other structures.
2. All facilities shall be set back a minimum of twenty (20) feet from all property lines with an additional five (5)
feet of setback required for each one (1) foot increase ofheight over six (6) feet above adjacent finished grade level.
3. Facilities shall not be located in the area between the public or private right-of-way and the front of any build-
ing on the site, unless the facility is not visible from the public or private right-of-way or neighboring building and oth-
erwise conforms to the applicable setback requirements.
E. Construction Standards. All facilities shall be constructed so as to minimize visual and auditory impacts.
I. The sides of all facilities that are above ground, not including any rails, shall be enclosed with a solid material,
such as plywood.
2. Spaces between finished grade and the lower, horizontal surfaces of the facility shall be filled with earth or oth-
er suitable solid material.
3. The backs of all surfaces not affected by subsection (E)(2) of this section shall be padded with sound-absorbing
material such as carpeting.
4. Facilities may be painted, stained, or left in their natural finish. Posters, banners, handbills, bumper stickers, or
signs of any kind shall not be affixed to the facility, if visible from neighboring properties. Signage for the facilities
shall be in accordance with Chapter 17.40 of this title.
F. Hours of Operation. The use of facilities shall be limited to daylight hours between nine (9:00) a.m. and seven
(7:00) p.m., Monday through Saturday.
G. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
H. Removal. Facilities shall be removed within ninety (90) days when no longer used, or capable of being safely
used for their intended purpose.
I. Hold Harmless. The permittee shall provide the city with a hold harmless agreement, acceptable to the city,
prior to the issuance of a zoning clearance, which provides, in substance, that the permittee agrees to hold the city
harmless, indemnify and defend the city for any loss or damage to property, or injury or loss of life arising out of the
use authorized by this zoning clearance.
17.28.250 Reserved.
Ordinance No. 515
Page 122
17.28.260 Low-Barrier Navigation Centers.
A. Purpose. The purpose of this section is to establish development standards for low-barrier navigation centers
and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances
of state law, specifically Article 12 of Chapter 3 of Division I of Planning and Zoning Law commencing with Califor-
nia Government Code Section 65660.
B. Application. A zoning clearance permit is required prior to the establishment of any low-barrier navigation cen-
ter project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review
or a hearing. The Community Development Director shall notify a developer whether the developer's application is
complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days
of a complete application being filed.
C. Development and Operational Standards. A low-barrier navigation center development is a use by-right in are-
as zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:
I. Connected Services. It offers services to connect people to permanent housing through a services plan that identi-
fies services staffing.
2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff
who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing.
"Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section
576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read
on January I, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and
referrals.
3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and
Institutions Code.
4. Homeless Management Information System. It has a system for entering information regarding client stays, client
demographics, client income, and exit destination through the local Homeless Management Information System, as
defined by Section 578.3 of Title 24 of the Code of Federal Regulations.'
Sections:
17.30.010
17.30.020
17.30.030
17.30.040
17.30.050
17.30.060
17.30.070
17.30.080
17.30.090
17.30.100
17.30.110
Purpose and intent.
Definitions.
Applicability.
Chapter 17.30
LIGHTING REGULATIONS
General requirements.
Prohibited lighting.
Plans required.
Design guidelines.
Certification/testing.
Exemptions.
Violation-Penalties.
Nonconforming systems.
17.30.010 Purpose and intent.
The purpose and intent of this chapter is to provide regulation of lighting systems constructed on properties within
the various zones in the city.
The city recognizes that lighting has both a practical and aesthetic value and is an integral portion of any develop-
ment. The city also recognizes that improperly installed lighting, illegal lighting, or improperly maintained lighting,
creates impacts upon astronomical resources within the community and creates conflicts and nuisance impacts upon
abutting properties and is wasteful of energy resources by causing energy to be expended without producing additional
useful light.
Ordinance No. 515
Page 123
I 7.30.020 Definitions.
Words and terms as used in this chapter shall have the meanings set forth in this section. Words or terms not defined
herein shall have the generally accepted meaning as defined elsewhere within this title.
"Correlated color temperature" is the temperature, measured in Kelvin (k), to which one would have to heat a "black
body" source to produce light of similar spectral characteristics as specified by the lamp manufacturer or, if not speci-
fied, in accordance with the CIE I 960 standard. Low color temperature implies warmer (more yellow/red) light while
high color temperature implies a colder (more blue) light.
"Drop down lens" means a light directing diffuser or lens which is shaped so that it lays or falls below the horizontal
plane of the bottom of the fixture.
"Glare" means the effect produced by lighting sufficient to cause annoyance, discomfort, or loss in visual perfor-
mance and visibility. For the purposes of this chapter, glare occurs when a lamp is directly viewable from a location off
the property that it serves.
"Human scale" means the proportional relationship of a particular building, structure, or streetscape element to hu-
man form and function.
"Initial lighting values" refer to the lumens or foot-candles predicted or measured from a lamp or lighting system at
initial installation.
"Lamp" means the light-producing element or light source of a luminaire. Examples are bulbs and tubes.
"Luminaire" is the complete lighting unit, ofl:en referred to as a light fixture. It consists of the lamp, optical reflector
and housing, and electrical components for safely starting and operating the lamp.
"Maintained lighting values" refer to the lumens or foot-candles predicted or measured from a lamp or lighting sys-
tem at the mid-life of the lamp and shall account of the expected drop in lumen output from the lamp, as well as normal
dust on the lens of the luminaire.
"Spillover" occurs when the illumination intensity outside the property boundaries exceeds one (I) foot-candle.
17.30.030 Applicability.
The regulations contained within this chapter shall apply in all zones and specific plan areas within the city. These
regulations are intended to augment lighting standards and regulations in adopted specific plans.
17.30.040 General requirements.
A. Lighting permitted shall be limited to those levels necessary to provide safety and security to the site.
B. Use of low intensity lighting for aesthetic purposes in order to enhance or accent building features, public art, or
landscape architectural features of a project is encouraged. Such lighting shall not spill over onto or extend beyond the
property-line or into adjacent public right-of-way.
C. All lighting systems shall meet adopted uniform codes and standards of the city.
D. All lighting system components shall be kept in good repair and service. Periodic cleaning, painting and servic-
ing of supports, globes, fixtures and foundations is required. Poor maintenance shall be considered a public nuisance.
I 7.30.050 Prohibited lighting.
The following types of lighting shall be prohibited within the city:
A. Any outdoor lighting system erected, installed, modified or reconstructed without proper plans and permit ap-
provals;
B. Flashing, alternating, blinking or moving lights, other than traffic or hazard lights or those permitted under the
sign regulations contained in Chapter 17.40;
C. Unshielded pack lighting and areawide flood lighting;
D. High intensity discharge mercury vapor security lights in other than rural residential or open space/agricultural
zones;
E. Searchlights or laser lights used on an ongoing basis for the purpose of commercial advertising;
F. Drop down lens, except where the lenses are clear, non-diffusing, and do not permit viewing of the lamp at or
above the horizontal plane located at the bottom of the fixture;
G. Any lighting that causes glare or spillover as defined by this chapter.
Ordinance No. 515
Page 124
17.30.060 Plans required.
All commercial, industrial, and institutional projects with twenty (20) or more parking spaces and multi-family resi-
dential projects of five (5) or more units shall have plans for the outdoor lighting system approved by the city's com-
munity development director or designee prior to issuance of building permits for that project.
Each lighting plan shall detail the provision of lighting systems for exteriors of all buildings, parking lots, loading
areas, walkways, public use areas, public art displays, fountains, or landscape areas.
Lighting plans shall be prepared, signed and certified by a civil or electrical engineer or other person licensed and/or
registered within the state of California to prepare and certify lighting system designs/plans.
Lighting plans shall, as a minimum, include and exhibit the following:
A. Style, size, height and location of any poles used to support luminaires;
B. Style, size, height and location of any foundation systems (i.e., pedestals) upon which light poles may be erect-
ed;
C. Style, type, location and quantity of luminaires, whether pole mounted, bollard mounted or building mounted;
D. Type, wattage, lumens and correlated color temperature of lamps;
E. Shields, cut-off mechanisms, or diffusers used with each luminaire;
F. Construction structural and mounting details for all installations;
G. All exterior lighting plans shall include photometric calculations consisting of a point-by-point foot-candle lay-
out based upon a minimum twenty-five (25) foot grid center extended to twenty-five (25) feet beyond the property line
for both initial lighting values and maintained lighting values;
H. Lighting plans shall be prepared to scale, and shall be accompanied by dimensioned detail sheets, materials cat-
alogues, and specifications to aid in the identification and evaluation of proposed lighting system components.
The application for such lighting plans should be made on the form provided by the community development de-
partment. A fee, as established by city council resolution, is required to accompany each application for a lighting plan.
17.30.065 Design standards.
A. Lamps shall be shielded or recessed within the luminaire to prevent visibility or the emission of light at or
above the horizontal plane located at the bottom of the fixture.
B. Luminaires shall be directed away from all adjacent properties and streets/rights-of-way to avoid glare and
spillover as defined in this chapter.
C. Maintained lighting values for outdoor parking areas shall not exceed seven (7) foot-candles on ninety-five per-
cent (95%) or more of the grid points within the parking area on the photometric plan.
D. Light poles shall not exceed 25 feet in height in all commercial, industrial and institutional zones, except within
I 00 feet of residential zones, where the maximum height shall be 20 feet. Light poles in residential zones shall not ex-
ceed 20 feet in height.
E. All lighting within parking lots shall be located in curbed planters. Concrete pedestals, bases or foundations for
the light pole within the planters over six (6) inches in height shall be decorative. Light poles placed in hardscape areas
shall be mounted flush with the surrounding hardscape.
F. The following minimum horizontal clearances shall be maintained from light poles and pedestals:
I. From sidewalks: two (2) feet;
2. From curb faces, drive aisles, or trash enclosure approaches: three (3) feet;
3. From handicap parking spaces or ramps: five (5) feet.
G. The following minimum vertical clearances shall be maintained by luminaires and light pole areas:
I. Over driveways/aisles: fourteen ( 14) feet;
2. Over walkways: eight (8) feet.
H. All lamps over one hundred ( I 00) watts shall emit sixty (60) lumens or more of light per watt of electrical pow-
er.
I. All outdoor lighting systems shall be designed to include an automatic shutoff control with manual override
capability to reduce at least fifty percent (50%) of the energy usage of the system from twelve (12:00) a.m. until one (I)
hour before daylight, unless otherwise approved by the community development director for safety or security reasons.
Ordinance No. 515
Page 125
17.30.070 Design guidelines.
Compliance with the following guidelines shall be determined by the community development director:
A. Lighting shall be consistent among fixtures used throughout the project so that single fixtures or small groups of
fixtures shall not be of unusually high intensity or brightness such that hot spots are created.
B. All lighting fixtures, including luminaires, poles and pedestals, shall be decorative, compatible with and appro-
priate in scale, intensity and height to the architecture and use of the building(s) on the site and in the surrounding area.
C. The correlated color temperature of the lamps shall be compatible with the architecture and use of the build-
ing(s) on the site and in the surrounding area.
D. All walkway lighting, public space lighting, and patio area lighting shall be kept to human scale. Bollard style
lighting is preferred.
17.30.080 Certification/testing.
Each lighting plan shall meet the standards and guidelines of this chapter and title, as well as those structural and
electrical codes adopted by the city which may apply.
The applicant's engineer shall prepare and certify that the plan has been prepared in accordance with this chapter.
The city's lighting engineer shall review and approve the plans and certify to their compliance with this chapter and
any applicable design guidelines. The city's lighting engineer shall sign all zoning clearances necessary to issue build-
ing permits for the implementation of the lighting plans.
Prior to final inspection, or where applicable, issuance of a certificate of occupancy, the city lighting engineer shall
cause to be performed a field inspection of the approved lighting system for the project. The inspection shall verify the
proper construction and installation of materials within the approved plan and determine the extent of any errant light-
ing. Deviations and/or violations shall be corrected prior to the final clearance for the project.
17.30.090 Exemptions.
The criteria of this chapter shall not apply to any of the following:
A. Incandescent lamps totaling one hundred ( 100) watts or comparable compact fluorescent lamps used in decora-
tive fixtures at entrances/exits of residences;
B. Low-intensity lighting used for aesthetic purposes in order to enhance or accent building features, public art, or
landscape architectural features, provided that such lighting does not result in glare or spillover as defined by this chap-
ter and is not part of a project of which a lighting plan is required;
C. Athletic field lights within a public park or school campus established pursuant to special plans meeting recog-
nized standards for such facilities constructed in accordance with a photometric plan for these facilities;
D. Navigation beacons, aircraft warning lighting upon towers or similar structures, hazard markers, railroad signals
and crossing warning devices;
E. Security lighting for prisons, jail facilities, medical facilities or special health care facilities;
F. Traffic control devices;
G. Seasonal lighting displays used in conjunction with special holidays or religious celebrations so long as the
glare is not sufficient to pose safety hazards to pedestrians and motorists, or cause sufficient attraction to result in crea-
tion of a nuisance or hazard to vehicular traffic;
H. Temporary sale or special event lighting as permitted through the issuance of appropriate permits by the city;
I. Repair or replacement of individual lighting fixtures, provided that the fixture and/or the luminaire repaired or
replaced does not exceed the intensity of the original lighting fixture;
J. Safety or security lighting within single-family residential neighborhoods recommended by police or special
security inspections as part of a neighborhood watch program provided such lighting shall not create a nuisance to abut-
ting properties as a result of spillover. To the extent that the prescribed lighting is not diminished in effectiveness, all
such lighting shall incorporate motion detectors, photocells or similar devices to activate the special light fixtures but
shall be provided with a manual switching device to override the fixture when necessary.
Ordinance No. 515
Page 126
17.30.100 Violation-Penalties.
It is unlawful for any person to install, replace, reconstruct or intensify any lighting system, for which a permit is
required, upon any commercial, industrial, institutional or residential property within the city not in compliance with
the provisions of this chapter.
Any person who violates any provision of or fails to comply with any requirement of this chapter is guilty of an in-
fraction and, upon conviction thereot~ shall be punished in accordance with Chapter 1.12 of this code.
It shall be the responsibility of each occupant, property owner, homeowners' association, tenant association, or
property management association having jurisdiction over property to ensure compliance with the intent and provisions
of this chapter. Covenants and conditions for any property association shall contain provisions for the design, review,
approval and continued maintenance of lighting systems within the boundaries of such association.
17.30.110 Nonconforming systems.
Lighting systems, for which valid permits have been issued, existing upon properties within any zone prior to the
effective date of the ordinances codified in this chapter shall be considered legally nonconforming. As such, repair,
maintenance, and replacement with like fixtures of these lighting systems shall be permitted, unless otherwise provided
for within this chapter.
Replacement, repair or reconstruction of twenty-five percent (25%) or more of the fixtures within an existing legal
nonconforming lighting system, as determined by the community development director, shall require that the system be
brought into conformity with the provisions of this chapter.
Lighting systems within single-family projects found to create a nuisance to abutting residences, adjacent open-
space areas, or upon the public right-of-way, shall be corrected in such a manner as to remove the nuisance.
Alterations to existing legal nonconforming lighting systems shall not be permitted except for those which result in a
lighting system for the property which is more conforming, with these provisions or which reduce the level of noncon-
formity.
Whenever a project site is the subject of a major modification to the approved development plan as defined by this
code, the major modification application shall incorporate a revised lighting system plan in order to bring the property
into conformance with this chapter.
Sections:
17.32.010
17.32.020
17.32.025
17.32.030
17.32.040
17.32.050
17.32.060
17.32.070
17.32.080
17.32.090
17.32.100
17.32.110
17.32.120
17.32.130
17.32.140
Chapter 17.32
OFF-STREET PARKING REQUIREMENTS*
General provisions.
Required parking.
High street area parking requirements.
Loading spaces.
Parking lot design standards.
Parking space standards and striping.
Parking lot restriping.
Parking lot landscaping.
Drive-through facilities.
Parking and private street access gates in residential and non-residential areas.
Residential access and operable motor vehicles.
Second driveways in single-family residential zones.
Recreational vehicle and trailer parking and storage standards.
Relief from parking requirements.
Conformance with State Law
Ordinance No. 515
Page 127
17.32.010 General provisions.
A. Off-street parking must be maintained in conformance to the requirements of this chapter for any building or
use so long as the building or use exists.
B. Off-street parking standards apply at the time of the new construction, alteration, any change in use or the man-
ner in which any use is conducted.
C. Where two (2) or more uses are located within the same building, the parking requirements are the total of the
parking requirements for each use, except as specifically provided for in this chapter.
D. Tandem parking spaces are only allowed as specifically provided in this chapter.
E. Charging a fee for the use of a required off-street parking space in conjunction with a permitted or conditional
use is prohibited.
F. Outdoor unenclosed parking spaces may not be used for the repair, servicing, or storage of vehicles or materials.
G. Parking of commercial vehicles in residential areas is prohibited except as allowed in Section 10.04.300.
H. All new parking spaces must meet the minimum dimensional standards and parking aisle width standards of this
chapter.
I. When a parking standard is not indicated in this chapter, the community development director may establish the
parking standard based on the type of use, location of use, number of employees, tratlic generated and good planning
practice. A copy of the director's decision shall be sent to the planning commission and city council and a copy shall be
maintained in the building permit file for the business address.
J. Parking along principal or minor arterial roadway frontages shall be located and accessed from the rear of build-
ings unless otherwise infeasible.
17 .32.020 Required parking.
Off-street parking spaces for new uses and for expansion of existing uses shall be provided in the quantities speci-
fied below. In the calculation of required spaces, a fraction of a space greater than one-half (.5) will be counted as a
whole space. Parking requirements for new uses and for expansion of existing uses fronting on High Street between
Moorpark Avenue and Spring Road and Walnut Street between High Street and Charles Street are calculated under the
provisions of Section 17 .32.025.
Use Minimum Parking Required Based on Gross Floor
Area of Building (Unless Otherwise Stated)
A. Agricultural
I. Wholesale nurseries, tree farms and oma-5 spaces for sites < 5 acres
mental plant farms including container IO spaces for sites 5 to 20 acres
plants, greenhouse, hothouse and similar 20 spaces for sites> 20 acres
uses
2. Wildlife sanctuaries As specified by conditional use permit
B. Residential: Accessible parking must be provided
where required by the California Accessibility Code.
I . Boarding houses and bed and breakfast 2 spaces in a garage plus I space per rented room
mns
2. Care facilities for up to 12 persons 2 spaces in a garage
3. Dwellings, detached single-family units 2 spaces in a garage for dwellings with up to 5 bedrooms
3 spaces in a garage for dwellings with 6 bedrooms
4 spaces in a garage for dwellings with 7 bedrooms
5 spaces in a garage for dwellings with 8 or more bed-
rooms
Ordinance No. 515
Page 128
5. Dwellings, multiple units with at least one
common wall, such as a condominium,
townhouse, or apartment development
6. Mobile home parks
7. Model homes, temporary office for sale of
homes or lots in subdivision where a mod-
el complex plan/temporary office complex
plan
8. Accessory dwelling units
9. Senior housing (attached or detached) re-
stricted to residents 55 years old and older
C. Commercial retail and service: Accessible
parking must be provided and located in ac-
cordance with California Accessibility Code.
Bicycle parking at a standard of one ( 1) bike
rack for each ten ( 10) vehicle spaces must be
provided. Motorcycle parking must be pro-
vided at a standard of three (3) spaces per one
hundred ( I 00) required vehicle parking spac-
es. Location of bicycle and motorcycle spaces
is subject to the approval of the community
development director. All parking is calculat-
ed per gross floor area unless otherwise stat-
ed.
I . Adult businesses
2. Automobile/light truck/motorcycle
a. Rental
b. Brakes, oil changes, tires and shock
sales and installation, tune-ups
c. Engine rebuilding, transmission repair,
steam cleaning, auto body, painting
d. Sales, service and/or parts
e. Automobile service stations with or
without mini-marts.
3. Building supplies
4. Car washes, self-service or automatic with
or without automotive service stations
I space per unit covered in a garage or carport for each
bachelor or studio unit
1.75 spaces per unit, 1 covered in a garage or carport for
each one-bedroom unit (including guest parking)
2 spaces per unit, 1 covered in a garage for each unit with
2 or more bedrooms
Plus for all units (except studio and one-bedroom units)
0.5 spaces per unit for visitors
2 tandem spaces covered in a garage or carport plus I
space for each 4 mobile homes for visitors
8 spaces minimum. The director may increase the stand-
ard depending upon the number of models
See Section 17.28.020(G)
0.5 spaces per unit (0.25 spaces shall be in a garage or
carport)
As specified by conditional use permit but no less than 1
space per 3 00 sq. ft.
I space per 2,000 sq. ft. of display area plus 1 space per
300 sq. ft. of office
1 space per 1,000 sq. ft. of display area plus I space per
service bay, plus I space per 300 sq. ft. of office
2 spaces per service bay plus 1 space per 300 sq. ft. for
office
I space per 300 sq. ft. of display area or office, plus I
space per service bay
1 space per pump island and service bay plus I space per
300 sq. ft. of mini-mart
I space per 300 sq. ft.
2.5 spaces per washing stall for self-service carwashes
I space/20 linear feet of wash tunnel for full-service car
Ordinance No. 515
Page 129
5. Shopping Centers
( 4 or more tenants and over 25,000 sq. ft.)
6. Cyber cafes, video/computer arcades, game
rooms
7. Commercial uses not listed, unless specific
parking requirements are otherwise deter-
mined by the community development di-
rector
8. Furniture and large appliance stores
9. Hotels, motels and bed and breakfast inns
I 0. Kennels and catteries
11. Nurseries (retail)
12. Recreation vehicle storage yard
13. Rental and leasing of large equipment
with/without outdoor storage and repair
14. Retail shops and services, except as oth-
erwise indicated in this table
15. Retail sales in M-1 and M-2 zone limited
to a maximum of 20% of gross floor area
of the building in which it is located
D. Eating and drinking places: Accessible park-
ing must be provided and located in accord-
ance with California Accessibility Code. Bi-
cycle parking at a standard of one (I) bike
rack for each ten ( I 0) vehicle spaces must be
provided. Motorcycle parking must be pro-
vided at a standard of three (3) spaces per
one hundred ( I 00) required vehicle parking
spaces. Location of bicycle and motorcycle
spaces is subject to the approval of the com-
munity development director. All parking is
calculated per gross floor area unless other-
wise stated.
I. Bars with or without entertainment includ-
ing, but not limited to cocktail lounges,
cabarets with or without outdoor seating
2. Breweries, micro-breweries, wmer-
ies/tasting rooms in accordance with the
restrictions below:
washes plus I space for each pump island and service
bay
I space per 250 sq. ft. which may be used for any combi-
nation of retail, restaurant, and office uses
1 space per 300 sq. ft. plus one 4-space bicycle rack per
2,000 sq. ft. of floor area
I space per 3 00 sq. ft.
I space per 500 sq. ft. of display/warehousing area plus I
space per 300 sq. ft. for office
I space per room plus I space per 300 sq. ft. of office
(accessory uses such as restaurants, nightclubs, confer-
ence facilities and banquet facilities shall provide the
parking required for those individual uses)
I space per 300 sq. ft. of lobby or office, whichever is
greater plus l space per employee
I space per 2,000 sq. ft. of display area plus I space per
300 sq. ft. of office
I space per 300 sq. ft. for office plus one space for every
50 storage spaces
I space per 500 sq. ft. plus I space per 2,000 sq. ft. of
outdoor storage or display area
I space per 300 sq. ft.
l space per 300 sq. ft. used for retail sales
I space per I 00 sq. ft., minimum parking is 10 spaces
I space per 100 sq. ft., minimum parking is IO spaces
Ordinance No. 515
Page 130
a. With or without restaurant and with or
without outdoor seating and with or
without entertainment.
b. Operations involving only the produc-
tion, bottling, and distribution of bever-
ages.
3. Restaurants and similar establishments en-
gaged in the retail sale of prepared food for
on-site or off-site consumption in accord-
ance with the restrictions below:
a. With or without entertainment and with
or without consumption of beer and
wine and with or without outdoor seat-
ing
b. With drive-in or drive-through facilities
with or without outdoor seating
E. Office and professional: Accessible parking
must be provided and located in accordance
with California Accessibility Code. Bicycle
parking at a standard of one (I) bike rack for
each ten ( I 0) vehicle spaces must be provid-
ed. Motorcycle parking must be provided at a
standard of three (3) spaces per one hundred
( I 00) required vehicle parking spaces. Loca-
tion of bicycle and motorcycle spaces is sub-
ject to the approval of the community devel-
opment director. All parking is calculated per
gross floor area unless otherwise stated.
1. Banks and other financial institutions
2. Laboratories: research and scientific
3. Professional and administrative offices in-
eluding, but not limited to: accounting, ad-
vertising agencies, chiropractic, collection
services, dental, direct mail marketing
companies, employment agencies, eng1-
neenng services, insurance, investment,
medical, optical and related health ser-
vices, planning services, real estate ser-
vices, secretarial services, travel agencies,
and uses which the Community Develop-
ment Director determines to be similar
4. Veterinary offices and animal hospitals
F. Manufacturing, assembly and distribution: Ac-
cessible parking must be provided and located
m accordance with California Accessibility
I space per I 00 sq. ft., minimum parking is IO spaces
I space per 500 sq. ft.
I space per each I 00 sq. ft. (including outdoor seating
area) up to 4,000 sq. ft. plus 1 per each 80 sq. ft. over
4,000 sq. ft.
1 space per each 80 sq. ft. (including outdoor seating ar-
ea) A minimum queue of 8 cars (using a 20 feet per car
length) shall be provided for the drive-through lane sepa-
rate from the parking space aisle
1 space per 300 sq. ft. plus I space per Automated Teller
Machine
I space per 300 sq. ft.
I space per 300 sq. ft.
I space per 300 sq. ft.
Ordinance No. 515
Page 131
Code. Bicycle parking at a standard of one (l)
bike rack for each ten (I 0) vehicle spaces must
be provided. Motorcycle parking must be pro-
vided at a standard of three (3) spaces per one
hundred ( I 00) required vehicle parking spaces.
Location of bicycle and motorcycle spaces is
subject to the approval of the community de-
velopment director. All parking is calculated
per gross floor area unless otherwise stated.
I. Cement, concrete and plaster, and product
fabrication
2. Distribution and transportation facilities
3. Heavy machinery repair, including trucks,
tractors and buses
4. Manufacturing and assembly including, but
not limited to appliances, cabinets, cleaners,
clothing, computers, cosmetics, detergents,
electronics, furniture, leather products, ma-
chinery, metal fabrication, medical and sci-
entific instruments, paper, perfumes, phar-
maceuticals, photographic and optical
goods, plastic products, signs and advertis-
ing displays, soap, textiles, welding, and
other uses which Community Development
Director determines to be similar.
5. Warehousing and Wholesaling
6. Self-storage or mini-storage
7. Outdoor Storage, including, but not limited
to vehicles, equipment, tools, and supplies
G. Public and semi-public: Accessible parking
must be provided and located in accordance
with California Accessibility Code. Bicycle
parking at a standard of one ( 1) bike rack for
each ten ( I 0) vehicle spaces must be provid-
ed. Motorcycle parking must be provided at a
standard of three (3) spaces per one hundred
( I 00) required vehicle parking spaces. Loca-
tion of bicycle and motorcycle spaces is sub-
ject to the approval of the community <level-
opment director. All parking is calculated per
gross floor area unless otherwise stated.
I. Care facilities not in a single-family home,
including adult day care facilities, Alz-
heimer's day care facilities, congregate liv-
ing health facilities, child day care centers,
community treatment facilities, foster fam-
ily and adoption agencies, hospices, long-
term health care facilities, residential care
As specified by conditional use permit
As specified by conditional use permit
As specified by conditional use permit
I space per 500 sq. ft.
I space per 500 sq. ft.
IO spaces for self-storage or mini-storage
I space per 1,000 sq. ft. of outdoor storage space
I space per 2 beds plus I space for each 500 sq. ft.
Ordinance No. 515
Page 132
facilities for the elderly, residential care
facilities for persons with chronic life-
threatening illness, skilled nursing and in-
termediate care facilities, social rehabilita-
tion facilities, therapeutic day services fa-
cilities, transitional housing placement fa-
cilities, emergency shelters, and transition-
al shelter care facilities as defined in Divi-
sion 2 of the Health and Safety Code
2. Clubhouses, lodges, banquet halls
3. Governmental uses including, but not Jim-
ited to city offices, community rooms, fire
stations, human service centers, libraries,
police stations, public utility facilities
4. Hospitals, including urgent care
5. Places of religious worship, with or with-
out schools
6. Public and private education and training
facilities including, but not limited to col-
leges and universities, elementary, middle
and high schools, professional and voca-
tional schools
7. Recreational facilities (private)
with/without food services, including, but
not limited to bicycle and skate parks, golf
courses, gymnasiums, fitness, health spas,
martial arts and dance studios, racquetball,
and yoga
8. Theaters, amphitheaters and similar uses
I. Dwelling, caretaker for self-storage or
mini-warehouse
2. Outdoor sales (Temporary)
3. Retail shops and services as listed in Ta-
ble 17.20.060(A)(22) when the uses are
determined by the community develop-
ment director to be ancillary to the office
uses of the zone
4. Temporary uses including, but not limited
to carnivals, Christmas tree sales, circuses,
festivals, movie and television production,
sidewalk sales, special events, outdoor
sales
1 space per 80 sq. ft.
As specified by permit
1 space per 3 beds plus 1 space per 225 sq. ft. of office
area
1 space per 80 square feet of main auditorium (sanctuary
or place of worship) and classrooms plus 1 space per 300
square feet of offices
As specified by permit
As specified by permit
1 space per 40 sq. ft. without fixed seats
I space per 3.5 fixed seats
H. Accessory and miscellaneous
2 spaces in a garage
As specified by permit
1 space per 300 sq. ft.
As specified by permit
Ordinance No. 515
Page 133
17.32.025 High Street area parking requirements.
A. Commercial development on High Street is unique within the city and its parking must be addressed in a man-
ner different than parking for other commercial development. The downtown specific plan establishes standards for
development, which are unique to the downtown and High Street in particular. Parking in the High Street area (High
Street from Moorpark Avenue on the west to Spring Road on the east and Walnut and Bard Streets from High Street to
Charles Street) must meet fifty percent (50%) of the required parking pursuant to Section 17 .32.020 of this chapter. In
consideration of providing fewer parking spaces than required by Section 17.32.020, a percentage of the parking spaces
provided as set forth below must be open and available to the general public at all times (shared parking). In addition,
eating and drinking places in the High Street area shall have the same required parking as retail shops and services in
the High Street area. In-lieu of meeting the required parking as stated above, the applicant may pay a fee based on the
estimated value of a fully improved parking space, circulation and landscaping, to reduce the required on-site parking
an additional ten percent (10%) to forty percent (40%) of the required parking, pursuant to Section 17.32.020 of this
chapter. The city council shall establish the fee by resolution to be used to offset a portion of the cost required to con-
struct public parking facilities in the downtown area.
B. All parking spaces provided above the fifty percent (50%) standard per subsection A of this section, may be
designated as reserved parking. Reserved spaces become shared parking spaces after six (6:00) p.m. until two (2:00)
a.m., so that those spaces are available for off-peak parking by the general public. Shared parking spaces are required in
accordance with the following table.
Percentage of Parking Standard Provided Percentage of Required Shared Parking
40 to 49 85
50 75
For example, if Section 17.32.020 requires one hundred (IO0) parking spaces and forty (40) parking spaces are pro-
vided, then thirty-four (34) parking spaces must be reciprocal, and six (6) parking spaces may be reserved for exclusive
use for the on-site uses of the property between two (2:00) a.m. and six (6:00) p.m.
C. Reserved parking signs are required for all reserved spaces. These signs must include the time restrictions. All
signing must be in conformance with Chapter 17.40 Sign Regulations.
D. Properties with one or more driveways providing direct access to public streets in the High Street area as de-
scribed in subsection A of this section must provide reciprocal vehicular access to adjacent properties and the general
public to its shared parking spaces.
E. Notwithstanding the foregoing, any property providing one hundred ( I 00%) percent of the parking required
pursuant to Section 17 .32.020 is exempt from the shared parking and shared access requirements set forth herein.
17 .32.030 Loading spaces.
A. Every new use and every new building or structure erected or existing use or building altered, unless waived by
the community development director, planning commission or city council, must have permanently maintained off-
street loading and unloading spaces as shown below. Waivers for loading and unloading may occur when improve-
ments are to a legal nonconforming site or building and not considered to be an expansion of the nonconforming use or
when the alteration of the building does not add building square footage to the use.
Use Spaces Required
I. Restaurants and other eating and drinking establishments
a. <4,000 sq. ft. 0
b. 4,000 -I 0,000 sq. ft. I
c. I 0,00 I -20,000 sq. ft. 2
d. >20,000 sq. ft. 2 plus I space for each additional 50,000 sq. ft. of
building.
Ordinance No. 515
Page 134
2. Administration offices, medical and professional offices, personal and financial services, hotels, motels, hospitals,
sanitariums and commercial recreation
a. <10,000 sq. ft. 0
b. 10,000 -100,000 sq. ft. I
C. >100,000 sq. ft. I plus I space for each additional 50,000 sq. ft.
3. Warehouses, storage facilities, manufacturing and other industrial and retail uses
a. <5,000 sq. ft. 0
b. 5,00 I -30,000 sq. ft. I
C. 30,001 -80,000 sq. ft. 2
d. >80,000 sq. ft. 3 plus I space for each additional 100,000 sq. ft.
B. A fraction of a space greater than one-half ( I /2) will be counted as a whole space.
C. For mixed uses, the total number of required loading spaces is the sum of the requirements for the various uses
computed separately. Loading space facilities for one use shall not be considered as providing required loading space
facilities for any other use.
D. Loading requirements for uses not specifically listed in this section will be based upon the requirements for
comparable uses listed, and upon the particular characteristics as determined by the community development director.
E. The minimum dimension requirements for loading spaces are as follows:
Use Berth Width Berth Length Berth Hei2ht Turning Radius
I. Retail, commercial and industrial uses 12' 50' 14' 45'
2. Commercial office 11' 35' 13' 40'
F. Loading facilities must be located on-site subject to the following requirements:
I. Loading areas and docks must be located in rear and side yard areas outside of required setbacks and may not
open toward public or private streets.
2. When adjacent to noise sensitive land uses as defined in 17.53.020 that specifically include residential zoned
uses, places ofreligious assembly, care facilities, educational institutions, and parks, loading facilities shall be no closer
than I 0-feet from property line and incorporate an eight-foot-high decorative block wall, measured from the highest
finished grade adjacent to the wall.
3. Loading spaces must be located and designed so trucks do not back onto public or private streets or alleys or
require the use of a public right-of-way for access to a loading dock, exceptions may be granted by the city in cases
where alternative access is unavailable or infeasible.
3. Loading areas do not count as required parking spaces.
4. Loading spaces must be designed to prevent interference with vehicular or pedestrian circulation.
5. Loading areas shall include at least one sign stating that vehicle idling shall be limited to five minutes. Said sign
shall be a minimum size of 12 inches wide by 18 inches in height and shall be prominently displayed and visible from
the loading spaces/area.
17.32.040 Parking lot design standards.
The following standards shall apply to all multiple family residential, commercial and industrial parking lots:
A. Access.
I. All aisles and parking spaces must be on-site. Minimum parking aisle widths must be in accordance with the follow-
ing table. For parking lot designs that utilize different angles than shown in the table, the minimum aisle width of the next
higher angle applies. Some parking aisles may need to be wider to provide access for emergency equipment.
Ordinance No. 515
Page 135
a. On e-Wa y Ai s le
b. Two -Wa y Ai s le
30
16'0"
22 '0 "
Parking Angle (in degrees)
45 60 90
18 '0" 20'0" 25 '0"
22 '0" 25'0" 25'0 "
2. Each parkin g lot entr anc e and ex it mu st be constructed and maintained so that a sig ht di stanc e vi s ibility trian g le
is maintained in accordanc e with th e exhibit shown be low and /or Caltran s de s ig n standard s if applicable for s it e vi s ibil-
ity. Exits from parkin g lot s mu st be clearly po sted with "STOP " s ig ns in accordanc e with th e requirement s of Chapter
17 .40 .
Stre et
15' 15' 15'
Sid ew a lk
Property A Property B
3. Pavin g in parkin g lot s mu st be asphalt , concrete or oth er perman ent surfacin g mat erial suffici e nt to pr event
mud , du st, loo se material , and other nui sanc es .
4 . Driv ewa ys mu st utili ze an all ey ty pe return , con s istent with city standard s and be des igned to mee t th e follow-
in g width stand ard s:
a. One lan e driv eway s mu st be a minimum of sixteen ( 16) feet wid e and a ma x imum of twenty (20) fe et wid e.
b. Two lan e driv ewa ys mu st be a minimum of tw enty-fiv e (25 ) fe et wid e and a ma x imum of forty-fiv e (4 5) fee t
wid e.
B. Location.
I. Off-str ee t parkin g spac es mu st be loc ated on th e sa me lot as th e buildin g or use th at th ey se rv e, exce pt wh en
sa id parkin g is loc ated on an off-s it e lot within fiv e hundr ed (500) fee t or less from th e prop e rty it se rv es and wh e n th e
followin g findin gs can be made :
a. Fifty pe rce nt (5 0%) or less of the required parkin g is off-sit e ;
b. A parkin g cov e nant is rec ord ed ag ain st th e s it e ty in g th e off-s it e parkin g with th e off-s it e use until th e parkin g is
re pl ace d .
2 . Carpool parkin g spa ces mu st be locat ed as c lo se as pra cti ca l to th e entr anc e(s ) o f th e use th ey a re int end ed to
se rv e .
3. Bi cy cl e parkin g spaces mu st be locat ed as c lo se as is pra cti ca l to th e entranc e to th e uses which th ey se rve , but
no t so th ey o bstru ct or imp ede pedes tri ans.
4. Motor cyc le parkin g spaces mu st be lo ca ted as clo se as is pra cti ca l to th e entran ce to th e uses whi ch th ey se rve.
C. Des ign. Parkin g and lo adin g fa c iliti es mu st mee t th e foll owin g stand a rd s:
I. Th e fini shed g rad e o f a pa rkin g stall spac e may not excee d fiv e pe rc ent (5%) s lop e in any dir ec tion .
Ordinance No. 515
Page 136
2. Parking facilities must be screened from view from public streets by one, or more of the following screening
methods, subject to the approval of the community development director:
a. Low profile walls, not exceeding three and one-half (3 1/2) feet in height, consisting of decorative concrete,
stone, brick, or similar types of masonry materials consistent with the architecture of the on-site buildings and com-
bined with on-site landscaping.
b. Landscaping, consisting of trees, shrubs, and ground cover lower than three and one-half (3 l /2) feet in height
with the exception of trees.
c. Landscaped earthen berms not exceeding three and one-half (3 1/2) feet in height.
3. When a parking stall is located adjacent to a planter, a one (I) foot wide portland cement concrete area adjacent
to the planter curb must be provided.
4. Parking lot lighting must comply with Chapter 17.30. In no case may parking lot lighting be located in raised
landscaped planters at the end of parking aisles.
5. Except for required handicapped-accessible parking, individual wheel stops are prohibited. In all other cases
where a wheel stop may be needed, a six (6) inch high concrete curb surrounding a raised landscaped planter must be
used.
6. Raised planters must be a minimum of six (6) feet in width. A maximum two (2) foot vehicle overhang is al-
lowed. When overhang parking is utilized, the depth of the parking stall may be reduced by two (2) feet. Landscaping
in the two (2) foot overhang area does not count toward required landscaping.
7. Tree wells, a minimum of four (4) feet by four (4) feet, may be provided in the parking area when located be-
tween parking stalls.
8. When a parking lot abuts a residentially zoned property, an eight (8) foot high decorative block wall, measured
from the highest finished grade adjacent to the wall, must be provided along with a minimum ten ( I 0) foot wide land-
scaped buffer. The business owner shall maintain the wall and the landscaping in a good condition for the life of the
use.
9. All landscaping must comply with the latest adopted city of Moorpark landscape guidelines and standards.
17 .32.050 Parking space standards and striping.
A. Parking Space Size. All measurements are the minimum requirements.
Stall Width in
Type feet Stall Depth in feet Comments
1. Single Family Residential -Garage 10 20 Spaces shall be in a garage and
free and clear of obstructions
2. Multiple Family Residential
a. Garage 10 20 Spaces shall be free and clear of
b. Carport or Open 9 19* obstructions
3. Commercial and Industrial 9 19*
4. Motorcycle 4.5 7
5. Parallel 9 24
6. Compact 8 16 Limited to 25% of the required
parking and subject to approval
per Section 17 .32.060
*Parking stalls may be reduced to 17 feet in depth when a two-foot landscaped planter is provided for vehicle over-
hang.
B. Parking lots must be designed so that no vehicle has to back out into a street in order to leave the lot or to ma-
neuver out of a parking space. Circulation of vehicles among parking spaces must be accomplished entirely within the
parking lot. Each parking space must be clearly marked with paint striping at least two (2) inches wide.
Ordinance No. 515
Page 137
C. Tandem parking spaces may be provided in garages for single-family residences over two thousand eight hun-
dred (2,800) square feet for a required third parking space, provided that the spaces meet the same minimum width and
depth requirements, and do not exceed a two (2) vehicle depth. Tandem parking spaces may also be provided in garag-
es for residential uses to provide parking in excess of required parking.
D. Carports, garages, parking areas and driveways must be paved with concrete or other durable material approved
by the community development director. Asphalt paving for garages and driveways to single-family homes and duplex
homes is not allowed.
17 .32.060 Parking lot restriping.
Parking lot restriping plans identifying the proposed changes to the parking area must be submitted for review by the
community development department. The property owner or an authorized representative shall obtain a zoning clear-
ance from the community development director prior to restriping. The issuance of a zoning clearance will be based on
verification of compliance with parking standards in effect at the time the original entitlement for site development was
granted. However, when habitable space is added to an existing building, the approval of a permit to restripe will be
based on verification that the new parking spaces comply with the current parking standards and that any existing non-
conforming spaces do not increase the nonconformity. Approval of a zoning clearance for parking lot restriping is re-
quired when one or· more of the following are proposed for any developed sites within the city:
A. Resurfacing of an existing parking lot with no changes to the configuration of drive aisles and parking spaces.
B. Restriping of an existing parking lot with or without changes to the configuration of drive aisles and/or the
number of parking spaces.
C. Modifying, adding and/or altering the existing on-site parking lot landscaping (e.g., landscaped planters).
17.32.070 Parking lot landscaping.
A. A minimum of ten percent ( I 0%) of the parking area must be in landscaping. This landscaping will be counted
toward the total required landscaping for the project site. Landscaping in a raised planter, when counted as the over-
hang area for a vehicle, will not be counted toward the required landscaping of the parking area. Landscaping of park-
ing areas within multiple family residential, commercial and industrial zones must meet the requirements of the latest
adopted city of Moorpark landscape standards and guidelines.
B. For properties along High Street from Moorpark A venue to Spring Road and along Walnut Avenue from High
Street to Charles Street the percentage of required landscaping will be determined as part of the development permit,
however, it cannot exceed ten percent ( I 0%) of the parking area. Landscaping in the public right-of-way may be count-
ed toward meeting a portion or all of the landscaping for the site if the property owner agrees to maintain such land-
scaping.
C. Excessive tree trimming, which limits the height and/or width of the tree canopy and results in a reduction in
required shade coverage for parking lot areas, is prohibited.
D. Landscaping at aisle intersections and site entrances/exits must meet the visibility requirements of Section
17 .32.050(A)(2).
E. All landscaping in and adjacent to parking areas must be in raised planters surrounded by six (6) inch high port-
land cement concrete curbs. When a parking stall is located adjacent to a planter, a one (I) foot wide portland cement
concrete area adjacent to the planter curb must be provided.
F. Underground parking and multi-floor parking facilities shall provide enhanced landscaped areas at the entrance
and exits of the underground facility, equal to at least 2% of the parking area, unless fully enclosed and screened within
a building. Landscaping that cannot be provided adjacent to the entrance and exit to the parking structure shall be in-
corporated on the project frontages.
17.32.080 Drive-through facilities.
Initial installation, modification or additional drive-through facilities may require approval of a conditional use
permit, a permit adjustment or modification to an existing conditional use permit. The requirements outlined be-
low apply to applications requesting initial installation, modifications or additional drive-through facilities:
A. Each drive-through lane must be separated from the vehicular and pedestrian routes.
Ordinance No. 515
Page 138
B. Each drive-through lane must be striped, marked, signed or otherwise distinctly delineated.
C. There must be at least an eight (8) car stacking capacity for the drive-through lane. Additional stacking may be
required as part of the permit if warranted.
17.32.090 Parking and private street access gates in residential and nonresidential areas.
Gates which limit or control access to nonresidential and residential uses require special design consideration so that
parking demand and usage, vehicular circulation, utility access, and emergency response are not detrimentally affected.
All gates must use the E-Key System or alternative approved by the community development director and city engi-
neer/public works director. An E-Key System means a remote radio-controlled receiver gate operation system of a type
and specification approved by the community development director and city engineer/public works director installed
upon and activating electrically operated gates to facilitate radio ingress or egress by emergency personnel.
A. Residential Uses. Gates that control vehicular and pedestrian access to a residential area are only permitted
across private streets and must be designed consistent with city standards. Approval of gates is subject to the planned
development permit process or by permit adjustment of an approved planned development permit by the community
development director. Public parks and other public use facilities must not be located within a gated residential com-
munity. Pedestrian access may be required as part of the gate design when, in the opinion of the community develop-
ment director, it is necessary to serve the community in which the gated area is located. At a minimum, the gates must
be designed to:
1. Operate electronically, opening automatically by use of a controller or remotely through a directory keypad;
2. Include a battery back-up which allows for at least three (3) hours of operation in the event of a power outage;
3. Lock in the open position in case of emergency;
4. Provide an electronically operated device equipped with both an E-Key System, and a key switch device or key
vault device to the city, police, fire and utility services that would allow vehicular access through the gated area;
5. Be electronically operated or key controlled if pedestrian access is provided within the vehicular gate design;
6. Be architecturally compatible with the residential development and to be constructed of a durable, long-lasting,
and low maintenance materials.
B. Nonresidential Uses. Gates that control vehicular access to a nonresidential site are subject to review and ap-
proval as part of a planned development permit process or by permit adjustment of an approved planned development
permit by the community development director. The gate height must be consistent with the wall/fencing requirements
of the zone in which the property is located and must be located in such a manner as to be aesthetically compatible with
the design of the building(s) on the site. Any gates approved for nonresidential uses must be constructed in accordance
with city standards.
I. The gates may be non-electronic when they are closed to provide site security after regular business hours with
no restriction to vehicular traffic during the conduct of business.
2. Electronically controlled gates that are used to control vehicular access during business hours must meet the
requirements of Section l 7.32.090(A).
C. The community development director has the discretion to require applications for any gates to be reviewed by
the planning commission.
17.32.100 Residential access and operable motor vehicles.
A. Residential Access. Access to parking spaces for dwellings must be at least ten ( 10) feet in width through-
out and paved with a minimum of two and one-half (2 1/2) inches of asphalt or concrete, except that a center strip
over which the wheels of a vehicle will not normally pass need not be paved, provided that the access complies
with the requirements of the Ventura County Fire Protection District. For flag lots, the minimum access width is
twenty (20) feet. Driveways serving more than two (2) dwelling units must be at least eighteen ( 18) feet in width.
B. Operable Motor Vehicles. Motor vehicles parked within any required front, rear or side setback must be fully
operative, licensed and registered vehicles. The vehicles may only be parked within the driveway access to the required
parking or on a paved area ( concrete, or other city approved hardscape materials) adjacent to the driveway. Additional
paved area for parking purposes must be connected to a city approved access and driveway, may not exceed fifty per-
Ordinance No. 515
Page 139
cent (50%) of the area covered by the existing driveway and may not, when combined with the existing driveway, be
greater than thirty (30) feet in total width.
17.32.110 Second driveways in single-family residential zones.
A. Second driveways in single-family residential zones that meet the provisions of this section are permitted on
comer lots or lots with more than one hundred ( 100) feet of street frontage; however, in no instance may there be more
than two (2) driveway approaches per lot. Where the lot frontage is less than one hundred ( 100) feet, but in no case less
than eight-five (85) feet, the community development director with approval of the city engineer may approve an ad-
ministrative permit for a second driveway if it is not on a comer lot, if it does not substantially reduce on-street parking
and meets all of the standards of subsections B, C and D of this section. The community development director may add
conditions of approval to guarantee compliance with this section.
B. The second driveway must be at least forty (40) feet from the back of the curb return and at least forty (40) feet
from the first driveway.
C. The driveway must be set back at least ten (10) feet from any driveway on an adjacent property.
D. Construction of a second driveway off of a public street requires the issuance of an encroachment permit. Con-
struction of second driveways must meet city standards.
17 .32.120 Recreational vehicle and trailer parking and storage standards.
A. Recreational vehicle and trailer parking and storage are allowed on residentially-zoned lots when the following
standards are met. Storage implies on-site parking without moving the vehicle for more than 72 hours.
1. A self-propelled recreational vehicle used by the resident for daily or frequent transportation may be parked on
the driveway so long as it does not overhang into the public or private right-of-way.
2. Parking or storage of a recreational vehicle or trailer is only allowed when the vehicle is parked on a paved sur-
face in the side yard, but not in a street side yard.
3. If the recreational vehicle is parked or stored in the side yard, it must be adjacent to the dwelling or garage and
must not extend or protrude beyond the front line of the dwelling or garage, whichever is adjacent to the parking area,
and must be parked at least three (3) feet from the side property line and shall be screened by mature landscape that
shall not protrude, overhang or impede onto the property line.
4. Parking or storage of a recreational vehicle in the rear yard, unless the garage is located in the rear yard, is pro-
hibited except as permitted by Section l 7.32.120(8).
5. The recreational vehicle or trailer must be owned by and registered to a resident of the property on which it is
parked or stored.
6. In all cases the recreational vehicle(s) must be screened from view from the street by a six-foot high decorative,
opaque gate
7. Additional limitations for on-street parking are required by Section 10.04.220.
B. The community development director may, through the approval of an administrative permit, allow parking or
storage of a recreational vehicle when it is owned and registered to the property owner, in the street rear yard. The ap-
plicant must provide proof, to the satisfaction of the director, that the recreational vehicle parking/storage met and is
compliance with the legal requirements in effect at the time the vehicle was first parked/stored.
17.32.130 Relief from Parking Requirements
A. An application for relief from the parking provisions of this article shall be filed and processed in the same man-
ner as the application for the permit or approval for the project, activity or use as to which administrative relief is
sought may be appealed in accordance with the procedures for appealing the grant or denial of the permit, license or
entitlement for the use that is subject to the parking provisions from which
B. Administrative relief from the parking provisions of this article shall be granted by the decisionmaker for the
proposed use under the following circumstances.
1. Shared parking -Parking spaces may be used jointly by uses with different hours of operation or different peak
hours of operation. Requests for shared parking shall meet the following requirements:
Ordinance No. 515
Page 140
(a) The applicant shall submit a parking analysis, demonstrating that the parking demands for the uses for which
shared parking is requested will not conflict. The parking analysis shall be prepared in accordance with the parking
study guidelines, on file with the community development department.
(b) The parking study shall address the following items:
(I) Size and type of uses;
(2) Composition of tenants, patrons, clients, employees and visitors of uses;
(3) Rate of turnover of proposed shared spaces; and
( 4) Traffic and parking loads for uses, including peak hours.
( c) The number of parking spaces that may be credited against the requirements for the uses or structures in-
volved shall not exceed the number of spaces reasonably anticipated to be available during the different hours of opera-
tion of each joint use.
(d) Shared parking spaces shall not be located farther away from any use served than 750 feet.
( e) A written agreement in the form on file with the city clerk shall be executed by all landowners and tenants
affected by the agreement. The agreement shall specify that the city is a third-party beneficiary to the agreement and
shall state that the user agrees to vacate the use within 12 months if a landowner or tenant should amend or terminate
the agreement so that the user no longer has sufficient parking to satisfy the parking requirements in effect at the time
the agreement was accepted by the city.
2. Off-site parking -Except for high turnover retail uses (including but not limited to fast food and gyms), parking
may be located off-site. Requests for off-site parking shall meet the following requirements:
(a) Off-site parking shall not be located farther away from the use served than 500 feet.
(b) Use of off-site parking shall not expose pedestrians to hazardous traffic safety conditions.
(c) A written agreement in the form on file with the city clerk shall be executed by all landowners affected by
the agreement. The agreement shall specify that the city is a third-party beneficiary to the agreement and shall state that
the user agrees to vacate the use within 12 months if a landowner should amend or terminate the agreement so that the
user no longer has sufficient parking to satisfy the parking requirements in effect at the time the agreement was accept-
ed by the city.
3. Compact parking spaces -An applicant may request administrative relief in the form of providing compact
parking spaces in lieu of some of the full-size parking spaces required for a proposed use, or in the form of converting
some full-size parking spaces existing on the site of a proposed use to compact parking spaces; provided, however, that
no more than 25 percent of required full-size parking spaces shall be replaced by compact parking spaces. The appli-
cant shall accompany the request for administrative relief with a landscaping plan and a parking plan as required by this
article and a parking study prepared by a professional traffic engineer registered by the State, demonstrating that a cer-
tain amount of compact parking is appropriate for the site and the proposed use. The proposed compact parking spaces,
parking bays and parking aisles shall be designed in accordance with standards adopted by the director. The deci-
sionmaker may deny all or part of the requested administrative relief on the ground that compact parking spaces create
inconvenience to drivers, impair safety or traffic circulation on the site, or do not meet the parking needs anticipated for
the proposed use.
4. Decrease in required parking spaces -Required parking may be decreased when the requirement is shown to be
excessive. A request for a decrease in required parking spaces shall meet the following requirements:
(a) The applicant shall submit a parking study prepared by a professional traffic engineer registered by the State,
demonstrating that the required parking is excessive and showing the amount of parking that should be required for the
use. The parking study shall be prepared in accordance with the parking study guidelines, on file with the development
services department.
(b) The parking study shall address the following items:
(I) Size and type ofuse;
(2) Composition of tenants, patrons, clients, employees and visitors of use;
(3) Rate of turnover of parking spaces;
( 4) Peak traffic and parking loads for use; and
(5) Availability of public transportation, including carpools or employer-provided transportation.
Ordinance No. 515
Page 141
5. Waiver of requirement that parking spaces be in garages -When the parking provisions of this article require that
parking spaces for apartments or multi-family residential projects be provided in garages or carports, some parking
spaces may be provided uncovered or in carports, as determined by the decisionmaker on the basis of findings that un-
covered parking spaces or carports will improve the appearance of the project by reducing the number of garages or
carports and creating more open vistas or landscaped or recreational areas within the project; provided, however, that
despite such waiver at least one parking space shall be provided in a garage or carport for each residential unit; and
further provided that the decisionmaker may deny all or part of the requested administrative relief on the ground that
the benefits of providing some or all required parking spaces in garages or carports are more important than an im-
provement in the appearance of the project or an increase in open vistas or landscaped or recreational areas in the pro-
ject. If administrative relief is granted to allow some parking spaces to be provided in carports, the carports shall be
open on all sides, and the design and construction of the carports shall be subject to the approval of the director.
C. Required findings for approval -In order to approve a request for relief from parking requirements, the deci-
sionmaker must find that:
(a) The size, location, manner, and number of spaces provided is adequate to serve the existing and proposed use(s);
(b) Granting the request for relief will not result in an undue burden to adjacent properties; and
( c) The request for relief is consistent with the provisions of Section 17 .32.130.
( d) Off-site parking shall not impact residential uses that may be adjacent to the proposed shared parking area.
D. APPEAL OF DECISION REGARDING PARKING RELIEF.
A decision granting or denying a request for parking relief may be appealed in accordance with the procedures for
appealing the permit, license or entitlement for the use that is subject to the parking provisions from which parking
relief was requested.
17 .32.140 Conformance with State Law -The provisions of this Chapter shall be enforceable as permitted by State
Law. Accordingly, certain deviations permitted by State Law to the requirements herein shall be evaluated upon receipt
of eligible applications.
Sections:
17.36.010
17.36.020
17.36.030
17.36.040
17.36.050
17.36.060
17.36.010
Chapter 17.36
STANDARDS FOR SPECIFIC ZONES
AND ZONE TYPES
Standards for all zones.
Standards for open space, agricultural and residential zones.
Reserved.
Standards for commercial zones.
Standards for industrial zones.
Standards for overlay and special purpose zones.
Standards for all zones.
A. Development Criteria. Factors such as the following may be considered in establishing permit conditions and in
determining appropriate intensity of development, including residential densities, for the site of a proposed project. The
following is not to be construed to be an all-encompassing list of criteria:
I. Air quality impacts;
2. Biological resources, including flora, fauna and ecological system;
3. Circulation of people and goods, including impacts on existing parking and circulation systems, traffic safety
and emergency access;
4. Contribution of the development to the stock of affordable housing;
5. Cultural resources, including archaeological, historical and Native American resources;
6. Energy~impacts on energy sources;
7. Erosion and flood hazards;
Ordinance No. 515
Page 142
8. Fire hazards;
9. Geology and soils;
I 0. Health-impacts on human health;
11. Infrastructure available to serve the development, and impacts on existing infrastructure (water, sanitation, elec-
tricity, natural gas, fire and police protection, recreational facilities, schools and the like);
12. Land-unique natural land features and natural resources;
13. Noise-increase in noise levels;
14. Orderly development principles;
15. Paleontology;
16. Population growth inducement;
17. Relationship of the site to surrounding properties;
18. Scenic highways;
19. Seismic hazards;
20. Soil stability;
21. Solar access;
22. Topography;
23. Vegetation-impacts on unique native, ornamental or agricultural plant populations;
24. Visual quality;
25. Water-degradation of quality or reduction in supply; and
26. Crime prevention issues such as: building security, adequate lighting, defensible space, etc.
B. Sewage Disposal. Sewage disposal for all requested uses and structures shall be provided by means of a system
approved by the Environmental Health Division and the Division of Building and Safety.
C. Fire Protection. Dwellings shall meet all fire protection requirements of the Ventura County fire protection dis-
trict, including all requirements for construction within high fire hazard area as set forth in the city building code.
17 .36.020 Standards for open space, agricultural and residential zones.
A. General Standards. The following standards shall apply to development in all 0-S, A-E and R-Zones:
I. Except as otherwise provided in this title, there shall not be more than one (I) principal residential structure on
any lot. Not more than two (2) dwellings of any type shall be constructed on any lot in the R-2 zone.
2. No accessory structure other than an accessory dwelling unit, temporary mobile home/recreational vehicle dur-
ing construction or a farm worker dwelling may be used for human habitation.
B. Commercial Vehicles Prohibited in Residential Zones. It is unlawful for any person to park or leave standing a
commercial vehicle having a manufacturer's gross vehicle weight rating often thousand (10,000) pounds or more (ex-
cluding vehicles dedicated for handicapped use) on any private or any public property in a residential zone, when the
parking is not connected with work or service to a property which reasonably requires the presence of the commercial
vehicle in the residential zone, or for more than the time reasonably necessary to carry out such work or service to the
property.
17.36.030 Reserved.
17.36.040 Standards for commercial zones.
A. The following standards shall apply to development in all commercial zones:
I. Enclosed Building Requirements. All uses shall be conducted within a completely enclosed building, unless the
use is specifically listed in Chapter 17.20 as an outdoor use or is one which must be located outdoors in order to func-
tion.
2. Lighting. There shall be no illumination or glare from commercial sites onto adjacent properties or streets which
may be considered either objectionable by adjacent residents or hazardous to motorists. Flashing lights are strictly pro-
hibited.
3. Undergrounding of Utilities. Utility lines, including electric lines of less than 67 kilovolts (kv), communica-
tions, street lighting and cable television, shall be placed underground by the applicant, who shall make the necessary
Ordinance No. 515
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arrangements with the utility companies for the installation of such facilities. This requirement may be waived by the
director of community development where it would cause undue hardship or constitute an unreasonable requirement,
provided that such waiver is not in conflict with California Public Utilities Commission rules, requirements or tariff
schedules. This section shall not apply to utility lines which do not provide service to the area being subdivided. Appur-
tenant structures and equipment such as surface-mounted transformers, pedestal-mounted terminal boxes and meter
cabinets may be placed above ground. Utility lines of greater than 67kv shall not be required to be undergrounded un-
less otherwise identified in a utility underground district.
4. Retail Establishments. Retail establishments may include accessory wholesaling, but not wholesale distribution
centers.
5. Processing Standards. Not more than five (5) employees shall be involved in the permitted manufacturing, pro-
cessing or packaging of products. Such activities shall be permitted in commercial zones only as accessory to a princi-
pal retail use.
6. Performance Standards. Development in commercial zones is subject to the performance standards of this title.
B. Outdoor Storage. Outdoor storage of materials and equipment shall be permitted in the C-P-D zone only when
approved as part of an entitlement, provided that such storage area shall be completely screened from view from any
adjoining property or roadway by a solid wall or fence at least six (6) feet in height and shall be appropriately land-
scaped and maintained in good condition. (The director of community development shall determine the actual height
based upon field inspection of the site. In no case shall the stored material exceed the height of the screen wall.)
C. Accessory Businesses in C-O Zone. In the C-O zone, accessory barber shops, beauty shops, coffee shops and
newsstands may be located in an office building, provided that there are no entrances direct from the street to such
businesses, no signs or other evidence indicating the existence of such businesses visible from the outside of any such
office building, and provided that such building is of sufficient size and character that the patronage of such businesses
may be expected to be furnished substantially or wholly by tenants of the office building.
17.36.050 Standards for industrial zones.
A. The following standards shall apply to development in all industrial zones:
1. Undergrounding of Utilities. Utility lines, including electric lines of less than 67 kilovolts (kv), communica-
tions, street lighting and cable television, shall be placed underground by the applicant, who shall make the necessary
arrangements with the utility companies for the installation of such facilities. This requirement may be waived by the
director of community development where it would cause undue hardship or constitute an unreasonable requirement,
provided that such waiver is not in conflict with California Public Utilities Commission rules, requirements or tariff
schedules. This section shall not apply to utility lines which do not provide service to the subject parcel or project. Ap-
purtenant structures and equipment such as surface-mounted transformers, pedestal-mounted terminal boxes and meter
cabinets may be placed aboveground. Utility lines of greater than 67kv shall not be required to be undergrounded un-
less otherwise identified in a utility underground district.
2. Private Streets. Private streets may be built as part of an industrial development, in accordance with Chapter
17.32.
3. Industrial Performance Standards. Industrial performance standards are the permitted levels of operational char-
acteristics resulting from processes or other uses of property. Continuous compliance with the following performance
standards shall be required of all uses, except as otherwise provided for in these regulations:
a. Objectionable Factors. The following shall be maintained at levels which are appropriate for the zone and geo-
graphic area and are not objectionable at the point of measurement when the use is in normal operation:
i. Smoke, odors, vapors, gases, acids, fumes, dust, dirt, fly ash or other forms of air pollution;
11. Noise, vibration, pulsations or similar phenomena;
111. Glare or heat;
iv. Radioactivity or electrical disturbance. The point of measurement for these factors shall be at the lot or owner-
ship line surrounding the use.
b. Hazardous Materials. Land or buildings shall not be used or occupied in any manner so as to create any fire,
explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic or otherwise
hazardous materials shall comply with all applicable local and national safety standards and shall be provided with ad-
Ordinance No. 515
Page 144
equate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment
in compliance with Ventura County fire prevention regulations. The burning of waste materials in open fires without
written approval of the fire department is prohibited.
c. Liquid and Solid Wastes. Liquid or solid wastes discharged from the premises shall be properly treated prior to
discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial pro-
cesses in sewage treatment. The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other in-
dustrial wastes shall not be permitted on any premises.
d. Exceptions. Exceptions to these regulations may be made during brief periods for reasonable cause, such as
breakdown or overhaul of equipment, modification or cleaning of equipment, or other similar reason, when it is evident
that such cause was not reasonably preventable. These regulations shall not apply to the operation of motor vehicles or
other transportation equipment unless otherwise specified.
B. M-1 Zone. The following regulations shall apply to the M-1 zone:
I. Uses involving the following kinds of activities and elements are not considered appropriate in the M-1 Zone:
a. High temperature processes;
b. Yards for the storage of materials;
c. Storage of chemicals in excess of that needed as accessory to the main use;
d. Explosives in any form;
e. Obnoxious or dangerous gases, odors, fumes or smoke;
f. Assembly line construction operations.
2. Predominant activities and operations shall be enclosed within buildings, except as otherwise provided in this
title. The director of community development is authorized to determine the reasonable application of this provision in
cases of operation hardship or other showing of special circumstances.
3. Multitenant buildings are permitted, provided that the building is designed to appear as a single building with a
unified design.
4. Principal buildings constructed of metal are not permitted. Accessory buildings constructed of metal shall have
exterior surfaces of a stainless steel, aluminum, painted, baked enamel or similarly finished surface. All metal buildings
designed for industrial or commercial uses in the industrial zones shall meet the following design guidelines:
a. Environment. All metal buildings shall be architecturally compatible with the surrounding buildings as to shape,
exterior materials and details, size, shape and location of windows and doors, distance between buildings and orienta-
tion to streets.
b. Building Form.
i. Single uninterrupted wall panes shall be softened with the use of staggering vertical walls, roof overhangs, pi-
lasters and deep reveals at construction joints.
ii. Large rectangular forms shall be softened with curved corners.
iii. Contrasting colors, patterns, textures and finishes shall be used to add variety and interest to metal structures.
iv. Other materials such as masonry, brick, concrete or wood can be combined attractively to define scale.
c. Windows and Doors. Recessed openings shall be used to provide contrast by varying patterns of shades, sun-
light and depth.
d. Roofs.
i. A variety of roof shapes and forms shall be utilized to add character and diversity.
ii. Appearance of roofs shall be improved with the use of steeper roof slopes and integrated facias, darker colors,
concealed fasteners, and other treatments.
iii. Mechanical equipment shall be screened with parapet walls, mechanical recesses, or other means.
5. Accessory outside storage shall be confined to the area to the rear of the principal building or the rear two-thirds
of the property, whichever is the more restrictive, and screened from view from any property line by appropriate walls,
fencing, earth mounds or landscaping.
6. Off-street parking spaces may be located within required setbacks from streets under certain circumstances; see
Section 8106-5.3.
C. M-2 Zone. The following regulations shall apply to the M-2 zone:
Ordinance No. 515
Page 145
I. The same criteria given for the M-1 zone (Section 17.36.050(8)(1)) apply to the M-2 zone, except that the latter
allows uses which may involve moderate levels of noise, small-scale assembly-line processes and light metal work.
2. Principal buildings constructed of metal shall be faced along any street side with masonry, stone, concrete or
similar material, such facing treatment to extend along the interior side yards of such building a distance of at least ten
( I 0) feet. The metal portion of the principal building and all metal accessory buildings shall have exterior surfaces con-
structed or faced with a stainless steel, aluminum, painted, baked enamel, or similarly finished surface.
3. Outside storage and operations yards shall be confined to the area to the rear of a line which is an extension of
the front wall of the principal building and shall be screened from view from any street by appropriate walls, fencing,
earth mounds or landscaping. Outside storage located in a required yard shall not exceed a height of fifteen ( 15) feet.
4. Off-street parking spaces may be located within required setbacks from streets under certain circumstances; see
Section l 7.24.060(C).
D. Minimize impact on adjacent uses. To minimize adverse impacts on adjacent uses and enhance the visual char-
acteristic of the area, all industrial uses shall adhere to lighting design standards required in Section 17 .30.065 and uti-
lize masonry walls or landscape screens as required in Section l 7.24.040(F).
17 .36.060 Standards for overlay and special purpose zones.
A. Standards and Procedures for Planned Community (P-C) Zone.
I. Special Standards. In addition to the specific development standards required in Section 17 .24.020, the follow-
ing shall also apply in the P-C zone:
a. Adequate separation of different types of uses shall be maintained in order to provide for landscaping and
screening, and to avoid potential adverse impacts from one use on another due to noise, lighting, odors, vibration and
the like.
b. The following uses are permitted in the P-C zone:
1. Crop production;
11. Growing, packing, storage and preliminary processing of crops, where no structures are involved;
iii. Produce stands (see Chapter 17.28);
iv. The keeping of animals, provided that a conditional use permit shall be obtained from the planning commission
for any structures for animals.
The addition of any other uses is not permitted unless a specific use zone which permits or conditionally permits the
proposed use is adopted for the subject area. The requested zone must be in conformance with the adopted preliminary
development plan.
c. Trash enclosures shall be protected from animals and architecturally screened in such a manner as to conceal
their contents from public view.
2. Procedure and Conditions for Permits.
a. An application for rezoning to P-C shall include a preliminary development plan indicating the location and
approximate acreage of all residential, commercial, industrial, institutional and other uses, proposed residential densi-
ties, site topography and a general circulation plan.
The zone change and preliminary development plan shall be approved concurrently by the city council and said plan
shall be incorporated into the rezoning ordinance. All subsequent permits shall be in compliance with the approved
preliminary development plan. Any changes to an approved preliminary development plan which are deemed by the
director of community development to be substantial shall be subject to the same procedural requirements as the origi-
nal zone change to P-C.
b. An application for rezoning to P-C shall also include the following maps and reports:
1. Maps indicating geological conditions, areas subject to flooding and fire hazard areas.
11. Soils reports, prepared by a licensed soils engineer, indicating the suitability of the site for its proposed use.
111. Reports that describe the existing systems, services and community facilities in and around the project area,
including vehicular circulation systems, sewer and water systems, flood control systems, community facilities (e.g.,
schools, parks, recreation, library and community services) and community services (e.g., law enforcement, fire sup-
pression, health and welfare services). The reports for these systems, facilities and services shall state the name of the
Ordinance No. 515
Page 146
responsible agency, present capacity of the system, present level of demand or use of the system, planned additions to
capacity and anticipated load resulting from the proposed development.
iv. Reports that describe the proposed systems, services and community facilities to be constructed or provided by
the applicant. The reports shall state the name of the agency that will assume responsibility, proposed capacity of the
system, and projected demand of the entire project upon completion.
v. Reports that describe the cost revenue relationships for proposed public services and utilities ( e.g., sewer and
water), and community services.
vi. The submission of any of the maps and reports described in this section may be waived, or their content re-
duced, at the discretion of the director of community development, if such maps or reports are deemed unnecessary.
B. Standards and Procedures for Specific Plan (SP) Zone.
I. Special Standards. In addition to the specific development standards required in Section 17 .24.020 and subsec-
tion A of this section, the city may require additional standards, procedures and conditions as determined to be appro-
priate by the city.
Sections:
17.38.010
17.38.020
17.38.030
17.38.040
17.38.050
17.38.060
17.38.070
17.38.080
17.38.090
17.38.100
17.38.110
17.38.120
17.38.130
17.38.140
17.38.150
17.38.160
17.38.170
Chapter 17.38
HILLSIDE MANAGEMENT
Purpose and intent.
Applicability of this chapter.
Exemptions.
Definitions.
Processing procedures and submittal requirements.
Density transfers.
Prominent landform and ridgeline standards.
Slope categories.
Slopes greater than fifty percent standards.
Grading standards.
Landform grading standards.
Hillside street standards.
Landscapes and erosion control standards.
Slope maintenance standards.
Drainage standards.
Hillside development findings.
Variances to hillside management ordinance.
17.38.010 Purpose and intent.
The hillsides within the city constitute a significant natural topographical feature of the community and provide aes-
thetic relief to the viewscape from virtually every location in the city. The intent and purpose of this chapter is to im-
plement the goals and policies of the general plan and the various elements contained therein as they relate to develop-
ment and resource management in hillside areas within the city. The provisions contained herein will allow for orderly
and sensitive development of hillside areas in conjunction with the preservation of natural open space. The following
specific goals and policies of this chapter reflect those contained in the general plan and provide the purpose and intent
of this chapter:
A. To allow for development patterns in hillside areas that minimize erosion and geologic hazards and that provide
for the protection of the public health, safety and welfare;
B. To encourage grading techniques that blend with the natural terrain, minimize earth moving activity, minimize
impacts of large cut and fill slopes and provide for the preservation of unique and significant landforms;
C. To encourage retention of natural drainage patterns and the preservation of significant riparian areas;
Ordinance No. 515
Page 147
D. To reduce water use in slope replanting and retention by encouraging grading design that minimizes manufac-
tured slopes;
E. To allow density transfers, where appropriate, to facilitate development in more appropriate locations while
retaining significant natural slopes and areas of environmental sensitivity;
F. To substantially retain the integrity and natural grade elevations of the significant natural ridgelines and promi-
nent landforms that, in aggregate, form the city's skyline backdrop;
G. To the maximum extent possible, preserve the view from the valley floor and make every effort to maintain the
original view of the site.
l 7.38.020 Applicability of this chapter.
This chapter establishes specific development standard submittal requirements, review standards, and processing
procedures for projects within hillside areas, as defined herein. Development applications proposed on a parcel or par-
cels that fall within the definition of a hillside area shall comply with all procedures, standards, and findings contained
in this chapter.
17 .38.030 Exemptions.
Parcels containing only isolated landform features and drainage courses that contain slopes greater than twenty per-
cent (20%) are not considered a hillside area and are exempt from this chapter if one of the following is met:
A. In the case of multiple isolated landforms on the same property, such isolated landforms shall be physically
separate topographic features that are not a component of a significant ridgeline or any other prominent landform;
B. Properties which contain slopes of twenty percent (20%) or greater which are associated with minor drainage
courses not indicated on the United States Geological Survey (U.S.G.S.) maps as intermittent or perennial (blue-line)
streams;
C. Manufactured slopes which were created prior to adoption of this chapter;
D. Any final, tentative, or parcel map, residential planned development, specific plan, or conditional use permit
which was approved prior to adoption of this chapter, or any time extension to a previously approved project, shall be
exempt from the provisions of this chapter unless the approving authority finds that the changes to the project constitute
a major modification to the original project approval. Modifications considered major include, but are not limited to,
the following:
I. An increase in the number of developable lots,
2. A reduction in lot size below the minimum lot size established for the zone or below a size previously approved
by the planning commission or city council,
3. An increase to the vertical height or horizontal width of manufactured slopes that alters the plan to a level that
may be inconsistent with what was originally approved,
4. An increase to building bulk or site/lot coverage that alters the plan to a level that may be inconsistent with what
was previously approved,
5. A combination of minor alterations that represents substantial, cumulative changes to the project, or other simi-
lar modifications to the previously approved project that significantly changes the design or character of the project;
E. Construction of a residential dwelling unit, or additions thereto, and accessory building(s) on a legally subdivid-
ed, residentially zoned parcel as of the date of adoption of this chapter, which does not involve grading for structures on
visually prominent ridgelines or on land with a slope in excess of twenty percent (20%), or grading in excess of one
thousand (1,000) cubic yards;
F. Modification of or addition to an existing single-family dwelling and accessory building including second
dwelling units on an existing parcel created prior to the date of adoption of this chapter. This exemption shall not in-
clude an increase in the number of units/lots or changes in use;
G. Construction of additions to commercial/industrial buildings which will not add more than ten percent ( 10%) in
floor area and an expansion of less than five thousand (5,000) square feet, whichever is less;
H. Grading for agricultural purposes, pursuant to a grading permit reviewed by the planning commission following
a duly noticed public hearing;
Ordinance No. 515
Page 148
I. Lot line adjustments, lot mergers or condominium conversions involving existing structures, issued pursuant to
local ordinance;
J. Fire breaks and fire roads required by the Ventura County Fire Department;
K. Recreation trails for pedestrian or equestrian purposes constructed by or pursuant to the requirements of the
city;
L. The replacement or reconstruction of structures which are destroyed or damaged by fire or earthquake or other
natural disaster;
M. Properties having development agreements that exempt them from the provisions of this chapter.
17 .38.040 Definitions.
Words and phrases in this chapter have the meanings set forth in this section.
"Contour grading" means a grading technique which utilizes curvilinear, horizontal, and vertical undulations in or-
der to simulate the characteristics of natural topography.
"Daylight grading" means a grading technique which designates an existing natural contour as the transition line
between a manufactured pad for development and the adjacent natural slope face and which eliminates the need for fill
slopes along the exposed edges of the development pad.
"Density transfer" means an increase in density on one portion of property to a level that may exceed the underlying
general plan designation of that portion of the property while maintaining a gross density over the entire property that is
consistent with the underlying general plan designation.
"Hillside area" means any property containing slope areas of twenty percent (20%) or greater. The steepness of a
slope is defined as the relationship (the ratio) between the changes in elevation (rise) and the horizontal distance (run)
over which that change in elevation occurs. The percent of steepness of any given slope is determined by dividing the
rise by the run on the natural slope of land, multiplied by one hundred ( 100).
"Horizontal and vertical building envelopes" means the maximum width and height of a structure based on mini-
mum setback requirements and maximum building height limitations for the zone within which the project is located.
These envelopes may be utilized to evaluate visual impacts when specific architectural plans are not provided for sub-
division review.
"Isolated landform" means a parcel which has an isolated topographical feature having a slope of greater than twen-
ty percent (20%) which has a horizontal run of less than two hundred (200) feet and a vertical rise of less than fifty (50)
feet.
"Manufactured slope" means a slope created by grading that consists of cut and/or fill material.
"Mass grading" means a grading technique in which all lots, building pads and streets are generally graded over the
entire area resulting in the disruption of the majority of the on-site natural grade and vegetation and, often resulting in,
but not required to result in, a successive pad/terrace configuration.
"Open space" means land that has been left in its natural state and has not been developed with primary or accessory
structures.
Prominent landform or ridgeline. A visually "prominent landform or ridgeline" means any landform visible from the
valley floor which forms a part of the skyline or is seen as a distinct edge against a backdrop of land at least five hun-
dred (500) feet horizontally behind it (see Ridgeline Map).
"Slope face" means the slopes located directly below, or leading up to, the crest of a significant ridgeline or promi-
nent landform.
"Slope steepness" means the relationship (the ratio) between the change in elevation (rise) and the horizontal dis-
tance (run) over which that change in elevation occurs. The percent of steepness of any given slope is determined by
dividing the rise by the run on the natural slope of land, multiplied by one hundred ( 100).
"Subdivision development plan" means specific development plans for an unapproved tentative map, including, but
not limited to: plot plans, building elevations, grading plans and landscape plans applicable to individual lots within a
tentative map.
"Valley floor" means that area of the city as shown on Exhibit A of this ordinance. Exhibit A is not codified but is
kept on file in the office of the city clerk.
Ordinance No. 515
Page 149
17.38.050 Processing procedures and submittal requirements.
A. At the time an applicant applies for a tentative map, conditional use permit, site plan review or other discretion-
ary approval of a project in a hillside area, the applicant shall submit the items and information listed in paragraph C of
this section to the department of community development.
The list is not all inclusive and additional information or studies may be required for review of the project pursuant
to the California Environmental Quality Act (CEQA) and other local, state or federal laws. The director of community
development may modify, add, or eliminate one or several of the submittal requirements listed in paragraph C of this
section. The director will notify the applicant of such a change during the pre-application submittal conference.
8. In the event it is uncertain whether or not a parcel or parcels of land fall within a hillside area, as defined in this
chapter, the applicant shall submit a slope map and related topographic information to determine the applicability of
this chapter to the project area. This information shall be submitted at the time of application for the discretionary pro-
ject. The decision of the applicability of this chapter to a parcel or parcels of land shall be made to the director of com-
munity development prior to the determination of completeness of the application for the discretionary project.
C. Application submittals for development projects in hillside areas may include, but are not limited to, the re-
quirements listed below. Additional information or studies may be required if deemed necessary under California Envi-
ronmental Quality Act (CEQA) review procedures and other local, state, or federal laws.
I. Slope Map and Analysis. The topographic exhibits and analysis shall be prepared as set forth below and shall
include the following items:
Slope Map. The slope map shall be prepared by a California registered civil engineer, licensed land surveyor, or
other qualified professional. Such map shall provide the following information:
a. The map shall be based on contour intervals no greater than ten (IO) feet except where steep terrain warrants
contour intervals greater than ten ( 10) feet,
b. Slope bands in the ranges of 0-20 percent, 20-35 percent, 35-50 percent, and over 50 percent shall be iden-
tified in clearly distinguishable graphic representations (i.e., shading, pattern, numerical highlighting within clearly
defined slope category boundaries, etc.) on the slope map,
c. Individual contours shall be clearly indicated on the slope map, or such map shall be augmented by a clear my-
lar overlay, of the same scale as the slope map, which clearly indicates individual contours. The slope and topographic
overlay maps shall extend two hundred (200) feet off-site in order to incorporate the topography of all abutting proper-
ties as it relates to the proposed site,
d. The slope analysis shall specifically identify and calculate the slope percentages for each individual topographic
feature. Horizontal runs used to calculate slopes shall be limited to each individual feature,
e. Total land area within each category shall be indicated on a table to be provided on a legend on the map;
2. Grading Plan.
a. A preliminary grading plan, prepared by a California registered civil engineer, land surveyor, or equivalent
qualified professional shall indicate the height and width of all manufactured slopes, proposed drainage patterns, meth-
ods of storm water detention/retention, and identification of areas to remain in a natural state. Off-site contour intervals
shall be shown for adjacent unimproved areas within one hundred (l00) feet of the project's boundaries. When an adja-
cent property is improved, the plan shall show: pad elevations, street grades, wall sections, and any approved or exist-
ing improvements immediately adjacent to the subject property shall also be shown,
b. One (I) colored copy of such preliminary grading plan showing all cut and fill areas;
3. Cross Sections/Preliminary Cut and Fill. No less than two (2) cross sections which completely traverse the
property at appropriately spaced intervals in locations where topographic variation is greater. Such exhibits shall be
prepared by a California registered civil engineer, licensed land surveyor, or equivalent qualified professional. The
cross sections shall clearly depict the vertical variation between natural and finished grade;
4. Visual Impact Analysis. The purpose of these exhibits is to replicate how the project will appear if it were to be
constructed as conceptually proposed. The exhibit shall include, but not be limited to, panoramic photographs of the
project site with an overlay of scaled rendering(s) of the conceptual project designed to depict project appearance when
viewed from the valley floor within the city;
5. Building Envelopes. Horizontal and vertical building envelopes or plot plans/building elevations may be re-
quired for subdivisions where visual impacts are being evaluated;
Ordinance No. 515
Page 150
6. Pedestrian Circulation/Trails Plan. For projects in which hillside street sections as specified in Section
17 .38.120 of this chapter are proposed, the necessity for sidewalks or alternative pedestrian circulation systems shall be
considered during project review. A pedestrian circulation and trail plan may be required if alternatives to standard
sidewalks are proposed;
7. Required Technical Reports. In any area proposed for development which falls under the jurisdiction of this
chapter, certain technical reports shall be required. Such reports will be used to determine the suitability of the subject
site for development and suggest special construction and design measures necessary to mitigate identified problems
which may endanger the public health, safety or welfare. These reports shall be submitted at the time that the applica-
tion is submitted.
a. Soils Engineering Report. A soils engineering report shall be submitted with each application for development
under the requirements of this chapter. The soils engineering report shall contain, but not be limited to, data regarding
the nature, distribution and strengths of existing soils, the potential for liquefaction, degree of seismic hazard, conclu-
sions and recommendations for grading procedures consistent with these regulations, design criteria for any identified
corrective measures and opinions and recommendations covering the adequacy of sites to be developed,
b. Geologic Report.
i. A geology report shall be submitted with each application for development under the requirements of this chap-
ter. Such a report shall include, but not be limited to, the surface and subsurface geology of the site, conclusions and
recommendations regarding the effect of geologic conditions on the proposed development, opinions and recommenda-
tions covering the adequacy of sites to be developed and design criteria to mitigate any identified geologic hazards con-
sistent with this chapter,
ii. The investigation and report shall be completed by a professional geologist registered with the state of Califor-
nia who is certified in the practice of engineering geology,
c. Hydrologic Report.
i. A hydro logic report shall be submitted with each application for development under the requirements of this
chapter. Such a report shall include, but not be limited to, the hydrologic conditions on the site, the location of any
above or below ground springs, the location of all wells, possible on-site flood inundation, downstream flood hazards,
identification of natural drainage courses, conclusions and recommendations regarding the effect of hydro logic condi-
tions on the proposed development, opinions and recommendations covering the adequacy of the sites to be developed
and design criteria to mitigate any identified hydro logic hazards consistent with these regulations. This report shall also
account for runoff and debris from tributary areas and shall provide consideration for each lot or dwelling unit site in a
development. Runoff and debris volumes shall be computed using the County of Ventura flood control district criteria,
ii. The investigation and report shall be completed by a registered civil engineer certified in the science of hydrol-
ogy and hydrologic investigation,
d. A drainage plan, including text, maps, and diagrams, shall be submitted to the city as part of any formal applica-
tion for development under these regulations.
The city engineer in consultation with the director of community development, or their designees, shall review the
submitted information for completeness, adequacy and conformance with the above and other applicable standards;
8. Biological (Flora and Fauna) Analysis. A biological resources report shall map the habitat areas of the property.
Potential presence within the project area of any sensitive habitat and any unique, rare or endangered plant or animal
species shall be determined and mapped;
9. Construction Schedule, Parking Plan and Hauling Plan. A construction schedule, construction parking plan and
hauling plan to be used and submitted to the community development department for review and approval for import-
ing and exporting material;
I 0. Plot Plan. A plot plan showing the location of all proposed and existing structures. Structures and pad elevations
within three hundred (300) feet of the proposed development shall be included on the plot plan.
D. Standards for Exhibits. Completeness and accuracy of the above specified plans, studies and other submittal
requirements will be determined by the director of community development, city engineer, or their designees in accord-
ance with Section 65944 of the California Government Code. All studies shall be in conformance with the current city
guide I ines for each individual study or report.
Ordinance No. 515
Page 151
17 .38.060 Density transfers.
Permissible densities on steeper portions of a property may be transferred to portions of the property.
A. Density Transfer Review Criteria. A transfer of density shall be found suitable for a particular site only if the
proposed density transfer complies with the following standards:
1. Design of the density transfer minimizes impacts on adjacent areas.
2. The physical location is suitable for a higher density project. If available, natural physical features shall be uti-
lized to visually and physically separate higher density housing from nearby areas that are developed at lower densities.
3. On sites where physical separation utilizing natural features is not feasible, buffering techniques shall be uti-
lized to ensure that density transfer does not result in negative impacts upon existing neighborhoods of a lower density
or rural development pattern. Appropriate buffering techniques may include, but are not limited to:
a. Incorporation of larger lot sizes/patterns which are consistent with immediately adjacent neighborhoods;
b. Utilization of architectural styling, fence details, landscape and lot patterns, or similar features that are compati-
ble with those found in adjacent areas;
c. Establishment of buffer areas of appropriate size to ensure that transition of densities is gradual in order to min-
imize incompatible mixing of development types associated with various intensities of development.
4. The site receiving the density transfer requires less grading, and is less steeply sloped, ecologically sensitive,
and less prominent.
17.38.070 Prominent Iandform and ridgeline standards.
A. Purpose of Section. To assure that the physical characteristics of the prominent landforms or ridgelines in the
city are retained as a skyline backdrop, and that any development on physical features encompassing these landforms
will integrate with, rather than significantly modify existing topography. The goal of this section is to encourage site
planning techniques that ensure integration of development with physical features such as natural bowls, broad plat-
eaus, valleys and similar natural landforms. Implementation of this section will ensure that the natural form and eleva-
tions of the city's backdrop will be retained.
B. Requirements. All applications for development proposed in hillside areas shall be subject to the standards and
procedures set as follows:
I. Parameters for Requirement of a Visual Impact Study. A visual impact study will be required for projects locat-
ed on the crest or slope face of a prominent landform or ridgeline that are physical components of the topographic fea-
tures and which form an integral part of the city's natural skyline backdrop.
2. Review Standards. The criteria listed below shall be utilized in evaluating projects located on the crest of the
slope face of a prominent landform or ridgeline forming the city's skyline backdrop.
a. All development proposed on prominent landforms or ridgelines, as defined herein, shall be designed to sub-
stantially retain the natural contour elevations of these features as viewed from vantage points on the valley floor within
the city.
b. Grading to substantially reshape prominent landforms and ridgelines that form a component of the city's skyline
backdrop shall be minimized wherever possible and shall be subject to the provisions of subsection (c) of this section.
c. Dwellings constructed near the crest of the prominent landform or ridge line shall utilize architectural, grading,
and landscape elements that serve to integrate the structure with the landform upon which it is constructed. In determin-
ing whether a project complies with this requirement, a project must be found consistent with the following criteria:
i. On steep natural grades, foundations and floor plans shall be designed with multilevels to change elevations
with natural contours.
ii. Roof planes shall vary rather than be angled in one direction. The main building mass, including gabled sections
of roof structures, shall face away from lower lying areas.
111. Roof lines shall provide architectural relief in such a way as to complement the natural contours of the land.
1v. Building colors shall emphasize blending with the surrounding natural terrain.
v. Utilize daylight grading techniques, where appropriate, to reduce disruption of natural topography and vegeta-
tion.
vi. Structural setbacks from the edge of natural slopes shall reduce visual prominence of structures.
Ordinance No. 515
Page 152
vii. Benning and tree massing near the landform crest shall be utilized to blend in with the natural landforms and to
screen view of the structure from lower lying areas.
17.38.080 Slope categories.
The overall number of units allowed on a property shall be based on the summation of the total number of units al-
lowed by the general plan with density transfers permissible for development in slope areas which exceed twenty per-
cent (20%). Where density transfers are not feasible, additional open space may be dedicated anywhere within the pro-
ject boundaries to compensate for the development of steeper slopes as outlined below:
Slope Categories Open Space Dedication
20 to 35% 35% open space*
35 to 50% slope 50 plus percent open space *
50 percent or more slope Density transfer required, except as delineated otherwise in
Section 17.38.090
* The open space required shall be dedicated from the land which contains the slopes in question. The open space re-
quired by this section is in addition to any minimum percentage already required by the city general plan.
17 .38.090 Slopes greater than fifty percent standards.
No construction or grading shall be permitted in areas containing slopes of fifty percent (50%) or greater except un-
der the following circumstances:
A. Development is proposed on isolated peninsula-shaped fingers of fifty percent (50%) slope within an otherwise
developable area of lesser slopes;
B. The grading involves the filling of small ravines or drainage courses not shown on the U.S.G.S. maps as inter-
mittent or perennial streams which contain ancillary slopes of fifty percent (50%) or greater if said ravine or drainage
course is not deemed a significant biological area (as determined by the environmental study for the project) and if
measures to convey surface water are proposed to the satisfaction of the city engineer; or
C. The grading involves the construction of roads if the fifty percent (50%) slope area is an isolated landform as
defined in Section 17.38.040 of this chapter, or if no other reasonable alternatives are available and all hillside street
design criteria are met as specified in Section 17.38.130 of this chapter.
17.38.100 Grading standards.
A. Purpose. The standards contained in this section are established to ensure that grading techniques are utilized
which reduce erosion potential, minimize visual impacts, promote use of development patterns and street designs that
follow natural contours, and minimize length and width of manufactured slopes. These regulations are meant to com-
plement Chapter 70 of the Uniform Building Code.
B. Grading Standards. Except as otherwise permitted pursuant to this chapter, no project in a hillside area shall be
permitted unless the project, or the project as modified with conditions, complies the following standards:
I. The maximum height for manufactured slopes shall be thirty (30) feet except as specified in this chapter. Any
manufactured slope in excess of fifteen ( 15) feet vertical shall have variable gradients.
2. Manufactured fill slopes adjacent to primary .and secondary arterials shall be no steeper than 3: I within land-
scape assessment areas and public rights-of-way and shall not exceed thirty (30) feet in height.
3. When a proposed subdivision contains average net lot sizes exceeding twenty thousand (20,000) square feet, lot
grading shall be limited to building pad and related functional yard area which may not exceed one hundred percent
(100%) of the size of the pad area. Flat pad grading of the entire lot is prohibited. The grading plan submitted for pro-
ject review shall clearly delineate graded and natural portions of proposed lots.
4. Grading on the perimeter of the site shall not be designed with perimeter downslopes to property lines unless a
homeowner's association, slope maintenance district, or similar entity is established for maintenance of such
downslopes. For interior slopes between lots, manufactured building pads shall be designed with up-slopes to property
lines.
Ordinance No. 515
Page 153
5. Subdivision development plans shall indicate a minimum setback of fifteen (15) feet from the rear dwelling wall
or retaining wall to the toe of slope and twenty (20) feet setback from the rear dwelling wall to the top of a manufac-
tured slope or retaining wall.
6. Manufactured slopes greater than ten ( 10) feet in height shall be rounded at the top and at the toe of slope to
simulate natural topography. The approving authority may exempt side slopes from this provision if the height of slope
does not exceed fifteen percent ( 15%) of the width of the lot and has a slope of less than ten ( 10) feet in height.
7. Manufactured slopes in excess of two hundred (200) feet in length and greater than ten ( I 0) feet in height shall
be designed with horizontal curvature that simulates the horizontal surface variations of natural contours.
8. Dwellings proposed on ungraded lots with natural grades of twenty percent (20%) and greater shall follow natu-
ral contours, utilizing such techniques as stepped foundations and split-level floor plans.
9. For projects on property defined in this chapter as a hillside area, and where it can be clearly established that
reduced setbacks will enhance preservation of natural terrain and reduced grading, front setbacks may be reduced by
the approving authority to ten ( I 0) feet as applied to the main portion of the dwelling. Garage setbacks shall normally
be twenty (20) feet except for a side-loaded garage where a minimum driveway depth of twenty (20) feet from the
right-of-way edge shall be provided.
10. Any continuous manufactured slope within a subdivision with a slope steepness of 3:1 or steeper, a vertical
height of ten ( 10) feet or greater where so allowed under this chapter, and which abuts five (5) or more lots, shall re-
quire the creation of a homeowners association or other maintenance entity with provision for the collection of fees or
assessments designated specifically to pay costs associated with the maintenance of all slopes falling under this catego-
ry. The slope maintenance entity, rather than individual property owners, will be responsible for maintenance of such
slopes. The tentative tract map shall be designed in such a manner that provides access to the slopes by assessable
easements and which avoids the necessity of gaining access to the slopes through individual lots. No fences shall be
permitted between lots within the slope easement areas. Slope easement areas may be included as lot area for purposes
of calculating lot size. Habitable structures shall not be permitted within common slope easement areas.
17 .38.110 Land form grading standards.
A. General. Landform grading, as a design concept, utilizes grading techniques that stress the preservation of sig-
nificant topographic features, the selective placement of development, variations in slope gradients, transitional slopes,
and the sculpture-like shaping of manufactured slopes in a manner that replicates the shapes and characteristics of natu-
ral landforms.
B. Authorization for Landform Grading. The height and slope steepness limitations and other applicable standards
for manufactured slopes (as delineated herein) may be modified by the approving authority, if the proposed project is
found to incorporate the following design elements:
1. Variation to slope gradients utilizing compound slopes and state of the art grading techniques with maximum
slope steepness to be determined by the city engineer as specified in the Uniform Building Code. An example of this
technique would be slope transitions varying from 4: I to 1: 1 punctuated by slopes of varying steepness;
2. Variation to pad sizes and shapes that correspond to variable topography;
3. The artful utilization of contour and daylight grading to achieve a subtle transition between natural landforms
and man-made slopes;
4. Use of drainage and landscape elements such as clustering of trees and shrubs typical of concentration found in
nature, incorporation of rock elements into made-made culverts and downdrains. The culverts and downdrains shall
have coloring which blends with the surrounding area to reduce visibility.
C. Processing Procedures-Determination of Compliance with Landform Grading. Conformance with landform
grading techniques shall be determined during project review. It will be the responsibility of the applicant to provide
the city with exhibits necessary to establish compliance with general design characteristics of landform grading tech-
niques.
17.38.120 Hillside street standards.
A. Streets within any project proposed in a hillside area as defined in this chapter shall be designed and constructed
in accordance with the standards listed below:
Ordinance No. 515
Page 154
1. Hillside street standards shall reflect a rural, rather than an urban character. Streets in hillside areas shall, where
feasible, be aligned parallel to the natural contours of the land;
2. Bridges and oversized culverts, if recommended as a biological mitigation measure, shall be required when
streets cross drainage ways and ravines serve as significant wildlife corridors;
3. Development of streets oriented along the top of a significant ridge line shall be prohibited;
4. Standard street sections shall be as follows in hillside areas where streets are proposed on grades of twelve per-
cent (12%) or greater. Said street sections shall include the following:
a. Four-lane arterials in hillside areas: Right-of-way width may be reduced to eight (80) feet and curb to curb
width reduced to sixty (60) feet,
b. Rural collectors in hillside areas: Right-of-way width may be reduced to seventy (70) feet and curb to curb
width reduced to forty (40) feet,
c. Local collectors in hillside areas: Right-of-way width may be reduced to fifty (50) feet and curb to curb width
reduced to thirty-six (36) feet;
d. Cul-de-sacs in hillside areas: Right-of-way width may be reduced to thirty (30) feet and curb to curb width to
twenty-four (24) feet. The cul-de-sac radius for hillside streets may be reduced to thirty-two (32) feet;
5. Split level, one-way streets in areas of steep terrain (greater than twenty percent (20%) slope) when deemed
acceptable by the approving authority;
6. Street grades shall not exceed the following except if modified by the approving authority:
Primary arterials: 10 percent
Secondary arterials: 12 percent
Local streets: 15 percent, except for limited distance that may exceed 15
percent if approved by the city engineer and the Ventura
County fire department
7. In order to encourage a rural feeling in residentially zoned parcels of two units per acre or less, the elimination
of sidewalks and formal parkways will be allowed if the city engineer determines that this modification will not be det-
rimental to the public health, safety or welfare or that adequate alternative pedestrian circulation has been provided;
8. Special Streets. Special streets, such as one-way streets, split-level streets and dead-end streets may be allowed
by the approving authority when their use is justified by detailed engineering studies submitted by the applicant and are
found to be necessary for the full achievement of the findings of this chapter;
9. Rolled curbs and gutters shall be required in order to enhance the rural lifestyles if their water carrying capacity
is not compromised.
Modifications to these standards may be made by the approving authority if it can be found that such modifications
are consistent with the circulation element of the general plan and further the purpose and intent of this chapter by re-
ducing grading and overall visual impacts while retaining acceptable traffic safety and street design characteristics.
17.38.130 Landscape and erosion control standards.
The grading plan shall preserve natural terrain and vegetation to the maximum extent feasible, by utilizing creative
design concepts, as permitted by standards established in this chapter. However, it is recognized that grading will in-
volve considerable surface disruption and removal of natural vegetation. Where this occurs, and manufactured slopes
are created, the following standards and submittal requirements shall apply:
A. Submittal Requirements.
I. With Formal Application: Conceptual landscape plans indicating both temporary and permanent slope plantings
shall be prepared by a California registered landscape architect and submitted to the department of community devel-
opment. Such plan shall outline all proposed planting in graded areas, means of irrigation, proposed timing of land-
scape installation and the manner in which landscaping will be maintained. A precise landscape plan shall be submitted
prior to the issuance of a grading permit;
Ordinance No. 515
Page 155
2. Prior to Grading Permit Issuance: A manufactured slope revegetation report which analyzes existing soil condi-
tions, proposed soil amendments, and plant suitability shall be submitted to the city for review and approval by the di-
rector of community development.
B. Concrete Drainage Ditches. All concrete drainage ditches shall be colored concrete of Omaha Tan by Davis
Concrete or an equivalent color.
17 .38.140 Slope maintenance standards.
A. Performance Bond. A performance bond for an amount to be established by the public works department shall
be posted with the city in order to ensure that the ultimate establishment of all revegetation is completed. Said bond is
to be posted prior to obtaining a grading permit.
B. Erosion Control Standards. The grading plans submitted to the city shall provide erosion control measures
which meet the specifications of the city engineering design standards and Uniform Building Code.
17.38.150 Drainage standards.
All proposed drainage facilities shall respect the natural (before development), hydro logic characteristics of the sub-
ject terrain, preserve major drainage channels in their natural state, and be designed in such a manner as to preserve the
public health, safety or welfare. The provisions of the following standards shall apply to all land subject to these regula-
tions and shall be in addition to the provisions of the adopted version of the Uniform Building Code, the Ventura Coun-
ty Land Development Manual or other standards the city may adopt in the future.
A. To the maximum feasible extent, all natural drainage courses serving major drainage areas and containing sig-
nificant perennial vegetation which may constitute a significant wildlife habitat should remain in their natural state.
Alterations to the above drainage courses may be allowed by the approving authority if the application of this section
will result in upstream or downstream flooding hazards for which there is no other feasible means of mitigation.
B. In the event that off-site drainage facilities will be required to handle increased runoff from any development
subject to these regulations, interim drainage facilities which provide for no increase in peak runoff from a ten ( 10) year
storm shall be constructed and maintained until such time as the permanent facilities are completed.
C. The overall drainage system shall be completed and made operational at the earliest possible time during con-
struction or shall otherwise be provided for in a manner acceptable to the city engineer. If a development is to be
phased, all downstream (including interim facilities within the project area or required interim off-site drainage facili-
ties) elements of the approved drainage facilities shall be completed or otherwise provided for in a manner acceptable
to the city before the completion of upstream phases.
17.38.160 Hillside development findings.
No project in a hillside development area shall be approved by the approving authority unless it is found to conform
to all of the following findings based on standards set forth in this chapter:
A. That the grading, and design standards contained in this chapter have been complied with in the overall design
of the project;
B. That the project design and site layout retains and utilizes natural contours of the site to the maximum extent
feasible;
C. That the project design incorporates drought tolerant landscape materials, water conserving irrigation tech-
niques and erosion control measures in a manner that eliminates both short-and long-term erosion hazards while
providing for aesthetic and effective revegetation of these slope areas;
D. That development is sited in a manner that substantially retains the visual qualities and natural elevations of the
significant ridgelines and prominent landforms forming the city's skyline backdrop, as defined in this chapter, and pre-
serves those portions of the ridgelines visible from the valley floor of the city;
E. That grading has been kept to an absolute minimum in order to maintain the natural character of the hillsides
and that unavoidable grading complements natural landforms;
F. That significant natural landmarks and other outstanding features have been retained in their natural state:
G. That mass grading of large pads and excessive terracing has been avoided in residential zones and minimized in
commercial and industrial zones;
Ordinance No. 515
Page 156
H. That proposed residential development plans have been utilized such as varying setbacks and heights for build-
ings, building techniques, building forms, and materials which ensure the compatibility of structures with the surround-
ing terrain and that proposed commercial and industrial development plans have been utilized varying setbacks and
heights for buildings, building techniques, building forms, materials and colors which ensure the compatibility of struc-
tures with the surrounding terrain;
l. That street and circulation design respects the natural contours of the land, minimizes grading requirements, and
minimizes the percentage of land devoted to streets;
J. That land graded for road right-of-way purposes through slopes not otherwise permitted to be graded herein
does not include or permit construction of an increase in the number of existing or proposed building pads other than
those permitted within that parcel. Such road grading shall not increase an existing or proposed building pad site;
K. That altered slopes will be relandscaped with plants which are compatible with the project's soils, terrain and
microclimate, which reduce the risk of fire;
L. That any grading on slopes greater than twenty percent (20%) is restricted and encourages the preservation of
visual horizon lines and significant hillsides as prominent visual features;
M. That the overall density and intensity of development decreases as the slope increases.
17.38.170 Variances to hillside management ordinance.
No variance from the provisions of this chapter shall be allowed unless it is approved pursuant to provisions con-
tained in the city zoning ordinance.
Sections:
17.40.010
17.40.020
17.40.030
17.40.040
17.40.050
17.40.060
17.40.070
17.40.080
17.40.090
17.40.095
17.40.100
17.40.110
17.40.120
17.40. 130
17.40. 140
17.40.150
17.40. 160
17.40.170
Purpose.
Definitions.
Applicability.
General provisions.
Chapter 17.40
SIGN REGULATIONS
Signs not requiring a sign permit.
Administration.
General location, height and area standards.
Design, material, construction and maintenance standards.
Temporary banners and signs for city-sponsored events and Moorpark nonprofit
organizations.
Temporary directional signs for special events in the old town commercial (C-OT), planned
community (PC), and institutional (I) zones.
Permitted signage in residential, institutional, and open space zones.
Commercial/industrial zones.
Downtown specific plan area.
Prohibited signs.
Legal nonconforming signs.
Unsafe signs.
Nuisance and abatement, enforcement and penalties.
Appeals.
17.40.010 Purpose.
The purposes and intent of the regulations in th is chapter are to:
A. Promote signage which allows for easy identification of businesses and occupancies while comprehensively
addressing community aesthetic concerns about visual clutter and visual blight;
Ordinance No. 515
Page 157
B. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality
of materials, size, illumination and maintenance of signs;
C. Limit the size and number of signs to levels that reasonably allow for the identification of a residential, public
or commercial location and the nature of any such commercial business;
D. Enable the fair and consistent enforcement of these sign requirements;
E. Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the
visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the
public;
F. Regulate signs in a manner so as to not physically interfere with or obstruct the vision of pedestrian or vehicular
traffic;
G. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the
safe and smooth flow of traffic ( e.g., directional signs and on-site signs) without an excess of sign age which may dis-
tract drivers or overload their capacity to quickly receive information;
H. Allow adequate opportunities for the communication of noncommercial and commercial speech;
I. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, location-
al and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to
serve the public interests in community aesthetics, and traffic and pedestrian safety;
J. Implement the goals and policies of the city's general plan, specific plans, design guidelines and municipal
code;
K. Encourage signs that are appropriate to the land use zone in which they are located and consistent with the per-
mitted uses of the subject property;
L. Establish sign sizes in relationship to the scale of the parcel and building on which the sign is to be placed or to
which it pertains;
M. Regulate signs in a constitutional manner, which is content-neutral as to noncommercial signs and viewpoint-
neutral as to commercial signs. All administrative interpretations and discretion are to be exercised in light of this poli-
cy and consistent with the purposes and intent stated in this section.
17.40.020 Definitions.
Words and phrases used in this chapter have the meanings set forth in this section. Words and phrases not defined in
this section, but defined in Chapter 17.08 of this title, are given the meanings set forth in Chapter 17 .08 of this title.
"A-frame sign" means a sign, temporarily or permanently affixed to the ground, which is constructed in such a man-
ner as to form an "A" or tent-like shape, fastened or not at the top, with each face held at an appropriate distance by a
supporting member.
"Abandoned sign" means any sign which is no longer in use or identifies or pertains to a business, occupancy or use
that no longer exists.
"Animated sign" means any sign that uses movement, lighting, or special materials to depict action or create a spe-
cial effect to imitate movement. Time and temperature devices are not considered animated signs.
"Banner" means any temporary sign of lightweight fabric or similar flexible material which projects from or hangs
from a building, pole or wire affixed to the ground or to a building. Banners include, but are not limited to, pennants,
flags affixed vertically or horizontally. Banner does not include a single state or country flag.
"Bench sign" means a sign attached to a piece of furniture, such as a bus bench or similar device.
"Business frontage" means that portion of the building or tenant space which is predominately oriented toward a
public or private right-of-way, courtyard, pedestrian access, parking lot or parking lot drive aisle.
"Campaign sign" means a sign that is designed to support the passage or defeat of any measure on a ballot or to in-
fluence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any na-
tional, state, or local election.
"Commercial message" means any wording, logo or other representation that, directly or indirectly, names, advertis-
es or calls attention to a business, product, service or other commercial activity.
Ordinance No. 515
Page 158
"Commercial sign" means any sign, wording, logo, picture, transparency, mechanical device or other representation
that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service, or other
commercial or industrial activity for a commercial or industrial purpose.
"Construction sign" means a temporary sign denoting the architects, engineers, owners, lenders, contractors, future
tenants and others associated with a construction project, but which contains no other advertising matter.
"Directional sign" means any sign which guides the reader to a specific location.
"Director" means the community development director, or any person designated by the director to act in the direc-
tor's behalf.
"Erect" means to build, construct, attach, hand, place, suspend or affix to or upon any surface.
"Flag" means a singular piece of fabric or similar material, typically rectangular or square, attached to a pole mount-
ed in the ground or on a building with colors or symbols. Flags are either mounted on poles mounted permanently on
the ground or a building, having a noncommercial image or message. For example, may include a local, state, or federal
flag, a flag with no text and only visual imagery, or religious symbology.
"Flag sign, pennants or feather signs" means a piece or multiple pieces of fabric or similar material mounted on a
flexible pole, not permanently affixed in the ground or on a building, with a commercial message, commercial brand-
ing, or meant to be attention getting.
"Flashing sign" means any sign which, by method or manner of illumination, flashes, winks or blinks with varying
light intensity, shows motion, or creates the illusion of motion; revolves in a manner to create the illusion of being on
or off; changes color or appears to change color or where the intensity of light changes or appears to change. Time and
temperature devices are not considered flashing signs.
"Freestanding sign" means any sign supported by one (I) or more upright poles or rock, block, or masonry base in
or upon the ground, other than an outdoor advertising structure, and not attached to a building.
"Fuel pricing sign" means a sign indicating, and limited to, the brand or trade name, method of sale, grade designa-
tion and price per gallon of gasoline or other motor vehicle fuel offered for sale on the premises, and such other infor-
mation as may be required by law.
"Hand-held sign" means a sign that is held by or otherwise mounted on a person. For the purposes of this chapter, a
hand-held sign does not include a noncommercial sign.
"Holiday sign or display" means a temporary sign or display erected in recognition of any religious and/or city, state
or federally recognized holiday.
"Illegal sign" means:
1. Any sign originally erected or installed without first complying with all structural, locational, design, building,
and electrical regulations in effect at the time of its construction or installation;
2. Any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occu-
pancy, product, good or service available on the site of the sign for more than ninety (90) days;
3. Any unsafe sign;
4. Any legal nonconforming sign that has not been removed following the expiration of any applicable amortiza-
tion period provided in this code; and
5. Any sign that is in violation of the provisions of this chapter.
"Incidental property-related sign" means a nonilluminated sign indicating credit cards accepted, trade affiliations, no
solicitation, no trespassing, nameplates and similar property-related matters.
"Legal nonconforming sign" means any sign which was approved by the county prior to city incorporation or ap-
proved by the city and erected or installed in compliance with all structural, locational, design, building, and electrical
regulations at the time of its erection or installation, but which no longer conforms to the provisions of this chapter.
"Logo" means any symbol of any color or shape that is used by itself or in conjunction with text to identify the busi-
ness. Logos which are comprised of text only shall be considered as text only.
·'Marquee sign" means any changeable copy, including electronic copy, sign attached fastened or mounted on a
permanent roof-like structure projecting from a wall of a building.
"Menu board sign" means a wall or monument sign displaying a list of items available with prices at a drive-through
business for the purpose of taking drive-through orders.
Ordinance No. 515
Page 159
"Mobile sign" means the use of a moving trailer, automobile, truck, or any other vehicle to display commercial or
noncommercial messages primarily for advertising purposes unrelated to the principal use of such vehicle.
"Monument sign" means a sign that is completely self-supporting, has its sign face or base on the ground, and has
no air space, columns or supports visible between the ground and the bottom of the sign.
"Moorpark nonprofit organization" means an organization chartered in the city of Moorpark in accordance with ap-
plicable state and federal laws, rules and regulations.
"Neighborhood identification sign" means an on-site sign that identifies a residential subdivision or area of common
interest but contains no other advertising copy.
"Neon sign" means a sign consisting of an internally illuminated glass tube which is bent to form letters, symbols or
other shapes.
"Noncommercial message" means the messaging used on a sign that does not name, advertise or call attention to a
commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a
commercial or industrial purpose
"Noncommercial sign" means a sign that does contain a noncommercial message or imagery.
"Off-site sign" means a commercial sign not located on the site of the business or entity indicated or advertised by
the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activi-
ty which originates on a site other than where the sign is located.
"On-site sign" means any commercial sign which directs attention to a commercial or industrial occupancy, busi-
ness, commodity, good, product, service or other commercial or industrial activity conducted, sold or offered upon the
site where the sign is maintained. For the purposes of this chapter, all signs with noncommercial messages are deemed
to be "on-site," regardless of location.
"Permanent sign" means any sign which is intended to be and is so constructed as to be of lasting and enduring con-
dition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent
manner affixed to the ground, wall or building.
"Portable sign" means a freestanding sign that is not permanently affixed, anchored or secured to either the ground
or a structure on the premises it is intended to occupy, but does not include hand-held signs. For the purposes of this
title, a portable sign does not include a noncommercial sign.
"Projecting sign" means a sign mounted perpendicular to the wall or building face or structure.
"Pylon sign" means a freestanding sign, other than a monument sign, in which the sign face is separated from
ground level by means of one (I) or more supports such as poles, pole covers or columns.
"Real estate sign" means any temporary sign that relates to the sale, lease or exchange of all or a portion of the
premises upon which it is located, not including permanent signs with rental or leasing information.
"Rider" means any advertisement device attached to a sign which projects or is outside of the area of the sign.
"Roof sign" means a sign affixed on, above, over, or through the roof of any building or structure which projects
above the eave line or parapet wall of the building or structure. On buildings with mansard roofs, the roof shall be de-
termined to be the eave line of the mansard. Signs projecting above the eave line on a building with a mansard roof
where the sign has been architecturally integrated into the design of the mansard are not considered a roof sign.
"Sign" means any device, fixture, placard or structure, including its component parts, which draws attention to an
object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or
promotes the interests of any person, and which is to be viewed from any public street, road, highway, right-of-way or
parking area. The following are not within the definition of "sign" for the regulatory purposes of this chapter:
I. Signs required on private property consistent with the requirements of the California Vehicle Code;
2. Any public or legal notice required by a court or public agency;
3. Memorial tablets or signs not exceeding two (2) square feet, including those indicating names of buildings and
dates of construction, when cut into a masonry surface or inlaid so as to be part of the building;
4. Signs required to be maintained by law or governmental order, rule or regulation, with a total surface area not
exceeding ten ( 10) square feet, except as otherwise required by law;
5. Street address numbers with a total surface area not exceeding two (2) square feet per address;
6. Signs placed or required by a public utility for public safety;
7. Holiday signs or displays on commercial or industrial buildings;
Ordinance No. 515
Page 160
8. Signs erected for city-sponsored and co-sponsored events;
9. Noncommercial flags not exceeding thirty (30) square feet for each lot in a residential zone or seventy-five (75)
square feet for each lot in a commercial or industrial zone, provided that the pole or other structure upon which they are
flown meets applicable setback and height limitations of the zone in which it is located.
"Subdivision directional sign" means a sign utilized for the purpose of indicating the flow of traffic or travel to reach
a specific residential subdivision, and the copy of which is limited to identifying the subdivision together with specific
directions to enable the traveler to locate the subdivision.
"Subdivision sale sign" means a temporary sign that contains the name of, and information relating to, a subdivision
being offered for sale or lease for the first time but contains no other advertising copy.
"Temporary sign" means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other
light materials, with or without frames, intended to be displayed for a limited period of time, including banners as de-
fined in this section.
"Unsafe sign" means a dangerous structure or components as set forth in Chapter 15.08 of this code.
"Window sign" means any sign that is affixed to the interior side of a window and is visible from the exterior of the
window, including open/closed signs. Signs placed inside a building, located at least 36 inches from any window or
that are not visible from the exterior of the building are not considered window signs.
17.40.030 Applicability.
This chapter regulates signs located on private property within all land use zones of the city and on property owned
by public agencies other than the city and over which the city has zoning and land use regulatory power. Except where
otherwise expressly provided in this chapter, all signs located in such areas of the city must be erected and maintained
in conformity with this chapter.
17.40.040 General provisions.
A. Sign Permit Required. Except as otherwise expressly provided in this chapter, it is unlawful for any person to
place, erect, structurally or electrically alter (not including a change in sign copy or sign face), move or display any
temporary or permanent sign without first obtaining a sign permit from the community development department in ac-
cordance with the provisions of this chapter. No sign permit is required for cleaning or other normal maintenance of a
properly approved sign, unless a structural or electrical change is made.
B. Owner's Consent Required. Property owner consent or consent of the person in control or possession of the
property is required before any sign may be erected on any private property within the city.
C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial or industrial signage is permit-
ted and are subject to the same standards and total maximum allowances per site, building or tenant of each sign type
specified in this chapter. A permit is required for a permanent noncommercial sign if there is no permit for the perma-
nent commercial sign. For purposes of this chapter, all noncommercial speech messages are deemed to be "on-site."
D. Substitution of Noncommercial Message. With prior consent of the property owner or person in control or pos-
session of the property, a noncommercial message of any type may be substituted for all or part of the commercial or
noncommercial message on any sign allowed under this chapter. No special or additional approval is required to substi-
tute a noncommercial message for any other message on an allowable sign, provided the sign structure is already ap-
proved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial
message is substituted for any other message, however, the sign is still subject to the same design, locational and struc-
tural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all
building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the
event of any perceived or actual conflict between the general provisions of this subsection and any other specific provi-
sions in this chapter, the provisions of this subsection will prevail.
E. Substitution of Commercial Messages. The substitution of one ( 1) commercial message for another commercial
message is not automatically allowed nor is the free substitution of a commercial message in a place where only a non-
commercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commer-
cial messages.
Ordinance No. 515
Page 161
F. Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs are
attached to the land on which the signs are erected or displayed and run with the land or personal property. The city
may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of
the sign, the property owner or person in control or possession of the property, or the person erecting the sign.
17.40.050 Signs not requiring a sign permit.
The following signs do not require a sign permit under Section 17.40.060, Administration, of this chapter nor will
the area of such signs be included in the maximum area of signs permitted; however, each such sign must comply with
all applicable requirements of this chapter. The intent of this section is to avoid unnecessary or time-consuming review
procedures where certain permitted signs are minor or temporary, or the erection of such sign does not require review
for compliance with the city's building or electrical codes.
A. Campaign signs;
8. Construction signs permitted by Section 17.40. L00(D) of this chapter;
C. Hand-held noncommercial signs;
D. Incidental property-related signs that do not exceed two (2) square feet in area, such as traffic directional signs;
E. Real estate signs permitted by Sections 17.40.1 00(F) and 17.40. l L0(G) of this chapter;
F. Temporary real estate signs for open houses consistent with Section 17.40.1 00(F.2) of this chapter;
G. Temporary freestanding noncommercial signs permitted by Section 17 .40.1 00(E) of this chapter;
H. Window signs permitted by Sections 17 .40.1 I 0(8)(7) and (8) of this chapter.
17.40.060 Administration.
A. Purpose. The purpose of a sign permit is to help ensure compliance with the provisions of this chapter, in par-
ticular, the provisions regulating the design, illumination, location, materials, number, size and type of sign.
B. Sign Permit Application Process.
I. Where specifically required by this chapter, an application for a sign permit must be made in writing on the
form provided by the community development department and accompanied by any required materials, plans and ex-
hibits, and the fee paid as established by city council resolution.
2. The director shall initially review the application to determine if it contains all the information and items re-
quired by the provisions of this chapter and may be deemed complete.
3. All notices required by this chapter are deemed given upon the date any such notice is either deposited in the
United States mail or the date upon which personal service of such notice is provided.
4. No sign permit application will be accepted if:
a. Each illegal sign has not been legalized, removed or included in the application;
b. There is any other existing code violation located on the site of the proposed sign that has not been corrected or
abated at the time of the application;
c. The sign permit application is substantially the same as an application previously denied, unless: (i) twelve ( 12)
months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is fur-
nished in the new application;
d. The applicant has not submitted for processing or obtained any applicable use permit.
C. Standard Sign Permit Review Process.
I. After receiving a complete sign permit application, except for those sign permits that require planning commis-
sion or city council approval, the director shall cause the application to be reviewed and render a written decision to
approve or deny the application within fifteen ( 15) calendar days.
2. Determinations on sign permit applications are to be guided by the standards and criteria set forth in this chap-
ter. An application shall be approved whenever the proposed sign conforms to all design, size, height and other stand-
ards for signs subject to a permit requirement, as such requirements are set forth in this chapter.
3. The director may refer certain sign permit applications to the planning commission for review. Such referral
should be made within ten ( 10) days of a complete application and acted upon by the planning commission within sixty
(60) days or concurrent with any related and required project approval that is presented to the planning commission.
Ordinance No. 515
Page 162
The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions
of this title.
4. An application may be granted either in whole or in part when more than one ( 1) sign or location is proposed by
an applicant. When an application is denied in whole or in part, the determination of the director, planning commission,
or city council must be in writing and must specify the grounds for such denial. Appeals of the determination of the
director or planning commission shall be in accordance with the provisions of this title.
D. Sign Permit Review-Master Sign Programs, Modifications, and Variances.
1. Master Sign Programs. The director has the authority to establish master sign programs with specific design
standards to enable reasonable flexibility for unique circumstances and special design themes per Section 17 .40.1 I 0(8)
of this chapter. If a sign program is not required, an applicant may request a sign program to address the unique charac-
ter of a use or site.
2. Exceptions to Regulations. The director may grant an administrative exception for signs deviating from the pro-
visions of this chapter or any limitations imposed upon the use or general design of the sign and may authorize modifi-
cations from the permitted sign area, height or setback requirements consistent with the provisions of Chapter 17.44,
Application Review Procedures, of this title.
3. Variances. The planning commission may grant variances from the provisions of this chapter for the erection
and maintenance of signs when difficulties, unnecessary hardship or results inconsistent with the general purpose of
this chapter would otherwise occur and would deprive the owner of rights enjoyed by others. The application, review
process, and required findings for a sign variance will follow the applicable procedures set forth in Chapter 17.44, Ap-
plication Review Procedures, of this title.
E. Time Limit. Signs authorized by a permit issued pursuant to this chapter shall be erected and have obtained a
final inspection within one (1) year of the issuance of the permit; otherwise, the approval will be null and void.
F. Revocation of a Sign Permit. Subject to the provisions of this title, the director may revoke any permit approval
upon refusal of the permit holder to comply with the provisions of this chapter after written notice of noncompliance
and at least fifteen (15) days' opportunity to cure.
17.40.070 General location, height and area standards.
A. Location Standards.
I. All freestanding signs, including pylon signs and monument signs shall be located entirely within the property
on which the business is located.
2. Except as specifically provided in this chapter, no sign may be located upon or project over a public right-of-
way.
3. Except as specifically provided in this chapter, no sign may extend above the eave line or parapet or the lowest
point on the sloping roof of the building on which it is located.
4. Signs must be designed and located so as not to interfere with the unobstructed clear view of the public right-of-
way and nearby traffic regulatory signs or any pedestrian, bicyclist or motor vehicle driver.
5. All signs authorized under this title must be placed on the side of the property facing on a public or private
right-of-way.
B. Wall Sign Height. Wall sign height will be measured using the greatest vertical measurement from grade level
along the base of the sign structure to the highest point of the sign. Sign height will be measured from the elevation of
the top of the curb fronting such sign when within ten ( I 0) feet of a street property line. When a sign is set back from a
property line more than ten ( I 0) feet, sign height will be measured from the elevation of the ground level surrounding
the base of the sign.
C. Sign Area Computation. Sign area will be computed by drawing a series of no more than eight (8) straight lines
enclosing the entire perimeter of the sign, including all text, emblems, arrows, ornaments, logos, or other media. Where
individual letters or symbols are attached directly to the building surface, the sign area shall be the total area of the
message computed by drawing a series ofno more than eight (8) straight lines enclosing the area of the message.
Ordinance No. 515
Page 163
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17.40.080 Design, material, construction and maintenance standards.
Each permanent approved sign shall comply with the following standards:
3
A. Materials and Colors. All permanent signs shall be constructed of durable materials that are compatible in ap-
pearance to the building supporting or identified by the signs. Sign colors and materials shall be selected to be compati-
ble with the existing building designs and shall contribute to legibility and design integrity.
B. Relationship to Buildings. Each permanent sign located upon a site with more than one (I) main building, such
as a commercial, office or industrial complex shall be designed to incorporate the materials common or similar to all
buildings.
C. Relationship to Other Signs. Where there is more than one (I) sign on a site or building, all permanent signs
must have designs that similarly treat or incorporate the following design elements:
1. Type of construction materials;
2. Sign/letter color and style of copy;
3. Method used for supporting sign (i.e., wall or ground base);
4. Sign cabinet or other configuration of sign area;
5. Illumination; and
6. Location.
D. Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to
minimize light spillage onto the public right-of-way or adjacent properties, and in no event shall illumination cause
such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs shall be lighted by
screened or hidden light sources.
E. Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and
erected in compliance with all applicable state, federal and city regulations including the city's building code and elec-
trical code. Except for temporary signs and window signs, signs shall be constructed of durable materials and securely
affixed to the ground, a building, or structure. Under no circumstances shall a permanent sign have an exposed back,
exposed wires or conduit.
F. Maintenance. Every sign and all parts, portions and materials shall be maintained in good repair. The display
surface of all signs shall be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion, graffiti or other
states of disrepair. This maintenance obligation includes the replacement of malfunctioning or burned-out lamps, re-
placement of broken faces, repainting of rust, chipped or peeling structures or faces within fifteen ( 15) calendar days
following written notification by the city. When there is a change or discontinuance of a business or occupancy such
that a sign no longer represents a place of business or occupancy, the sign shall be removed or the name of the prior
business or occupant either removed, or the sign face covered in a manner that blends with the building or supporting
structure.
G. Restoration of Building or Property Upon Sign Removal. Within thirty (30) calendar days of the removal of a
sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the
grounds of the premises shall be repaired and restored to remove any visible damage or blemish left by the removal of
the sign.
Ordinance No. 515
Page 164
17.40.090 Temporary banners and signs for city-sponsored events and Moorpark nonprofit organizations.
The purpose of this section is to provide additional signage opportunities for advertising annual or one (I) time
events that provide a direct benefit to the residents of Moorpark. Events sponsored by Moorpark nonprofit organiza-
tions are permitted the following signs:
A. Temporary freestanding, wall-mounted or window banners are permitted on commercial and industrial-zoned
property, with the permission of the property owner. A total of ten ( I 0) banners are allowed per event and only one (I)
per lot or site. The banners shall not exceed twenty (20) square feet in area and shall be affixed to either a building,
wall, or staking. No banner shall be affixed above the roof eave line or on the roof. The banners shall not be installed
earlier than fifteen ( 15) calendar days prior to the event and shall be removed within three (3) calendar days following
the event. No subsequent event signing shall be permitted on the same site for a minimum of thirty (30) calendar days.
B. Temporary Directional Signs. Directional signs on commercial and industrial-zoned property are permitted with
the permission of the property owner. The signs shall not exceed four ( 4) square feet in area and three (3) feet in height.
Directional signs shall not be located in the public right-of-way unless an encroachment permit is issued. A total of
twenty (20) signs are allowed per event. The directional signs shall not be installed earlier than one ( 1) calendar day
prior to the event and shall be removed within three (3) calendar days following the event.
17.40.095 Temporary directional signs for special events in the old town commercial (C-OT), planned
community (PC), and institutional (I) zones.
Temporary directional signs for special events, such as festivals, farmers' markets, and other events held in the old
town commercial (C-OT), planned community (PC) and institutional (I) zones, for which a temporary use permit or
administrative permit has been granted, are permitted on commercial and industrial-zoned property with written per-
mission of the property owner. The signs must be A-frame or other portable type, designed in a professional manner,
and must not exceed four (4) square feet in area and three (3) feet in height. Signs may be double-faced. Directional
signs must be located at least fifty ( 50) feet from the end of a curb return at a street comer and may not be located in the
public right-of-way. A maximum of one ( 1) sign per property and a total of ten ( I 0) signs are allowed per event. Signs
may only be installed during the day of the event and must be removed within two (2) hours following the end of the
event. For a multi-day event, the temporary directional signs must be removed within two (2) hours following the end
of each day's activities.
17.40.100 Permitted signage in residential, institutional, and open space zones.
In addition to any other signage permitted under this chapter or code, the following signage is permitted in residen-
tially zoned properties, including institutional uses such as religious establishments, and for residential properties in
commercial, industrial, or open space zones, but used for residential purpose, subject to the applicable regulations set
forth in the table in this section.
RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES
Sign Type Sign Location Maximum Sign Area, Other Regulations
Height, and Width
A. Residential, single-
family.
I. Name plates (no sign Within the front yard Area: Two (2) square feet Number: One (I).
permit required) setback. per face. Signs may be Design: Limited to a wall
double-faced. or freestanding sign.
Height: Six ( 6) feet. Illumination: None.
Ordinance No. 515
Page 165
RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES (continued)
2. Neighborhood At primary entrances as Area: Thirty-two (32) Number: Two (2) per
identification determined by the square feet. primary entrance.
community development Height: Eight (8) feet. Illumination: None.
director. Maintenance: Shall be
maintained by the
homeowners' association
or other responsible party
approved by the
community development
director.
B. Residential, multiple-
familv.
I. Monument sign Front yard or street side Area: Twenty-four (24) Number: One (I) per street
yard of a comer lot, square feet per side. Signs frontage.
provided it is a minimum may be double-faced. Illumination: External.
of five (5) feet from the Height: Six (6) feet. Landscaping: Minimum of
front yard or street side four ( 4) feet of landscaping
yard property line. surrounding sign.
2. Directory signs In a central location within Area: Fifteen (15) square Number: Approved by sign
a courtyard, or at the feet. permit.
entrance to the buildings. Height: Five (5) feet. lllumination: fntemal.
Width: Three (3) feet.
C. fnstitutional including
but not limited to religious
institutions, private
schools, clubs, lodges.
I. Monument sign Front yard or street side Area: Twenty-four (24) Number: One (I).
yard of a comer lot, square feet per side. Signs lllumination: External.
provided it is a minimum may be double-faced. Landscaping: Minimum of
of five (5) feet from the Height: Six (6) feet. four (4) feet of landscaping
front yard or street side surrounding sign.
yard property line.
2. Directory signs fn a central location Area: Fifteen ( 15) square Number: One (I).
approved by the feet. Design: Architecturally
community development Height: Five (5) feet. compatible to the building.
director. Width: Three (3) feet. Illumination: Internal or
external.
D. Construction signs.
Freestanding construction Front or street side yard of Area: Six (6) square feet Number: One (I).
sign on the site of a valid a corner lot placed a per side. Signs may be Illumination: None.
building permit (no sign minimum of five (5) feet double-faced. Duration: Within seven (7)
permit required) from the required front or Height: Eight (8) feet. calendar days after the
street side yard. issuance of a final building
permit, the sign shall be
removed.
Ordinance No. 515
Page 166
RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES (continued)
E. Temporary freestanding
Sii-,'11S.
I. On-site signs including On private property and not Dimension: Two feet by Number: One (1).
garage and yard sale signs located in the public right-two feet (2 x 2). Duration: No more than 30
(no sign permit required; of-way. Signs placed on Height: Three (3) feet. consecutive days, no more
posting of signs in the private property require than four times per year,
public rights-of-way, written authorization from separated by at least 30
including on light poles, the property owner. days between postings.
utility poles, traffic signals, Garage and yard sale signs
street signs and signposts, limited to sale days,
warning signs and any maximum duration and
other signs in the public number of sale days per
rights-of-way is prohibited) year as specified in Chapter
17.28 of this title, must be
removed at the close of the
sale activities each day.
2. Off-site garage and yard On private property and not Dimension: Two feet by Number: Six (6).
sale signs (no sign permit located in the public right-two feet (2 x 2). Duration: Limited to sale
required; posting of signs of-way. Signs placed on Height: Three (3) feet. days, maximum duration
in the public rights-of-way, private property require and number of sale days
including on light poles, written authorization from per year as specified in
utility poles, traffic signals, the property owner. Chapter 17 .28 of this title,
street signs and signposts, must be removed at the
warning signs and any close of the sale activities
other signs in the public each day.
rights-of-way is prohibited)
F. Temporary real estate
signs for properties for
lease or sale.
I. Real estate signs for Front yard or street side Area: Six (6) square feet Number: One (1).
single-family residential yard of a comer lot which per side. Signs may be Illumination: None.
homes in the residential is advertised for sale or double-faced.
open space or institutional lease, provided it is a Height: Six (6) feet.
zones (no sign permit minimum of five ( 5) feet
required) from the front yard or street
side yard property line. The
signs shall be securely
attached to a wall, building
or freestanding.
Ordinance No. 515
Page 167
RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES (continued)
2. Open house directional At least fifty (50) feet from Area: Four (4) square feet Number: Five (5).
signs for single-family the end of the curb return at per side. Signs may be Design: Limited to
homes (placement in the a street corner. One ( 1) sign double-faced. displaying "Open House,"
public right-of-way at each location. The signs Height: Three (3) feet. an arrow, the residence
requires the issuance of an shall not be fastened or address, and business
annual encroachment attached in any way to a name.
permit) building, architectural Illumination: None.
element, wall or any street Duration: Restricted from
fixture. 7:00 a.m. to 6:00 p.m. on
caravan day and on
Saturdays and Sundays.
3. Real estate signs for Front yard or street side Area: Up to thirty-two (32) Number: One ( 1) per street
multiple-family homes yard of a comer lot, square feet per side. Signs frontage, up to a maximum
provided it is a minimum may be double-faced. of three (3).
of five ( 5) feet from the Height: Eight (8) feet. Illumination: None.
required front yard or street Duration: These signs are
side yard property line. The not intended to be
sign shall be securely pennanent and shall be
affixed to a wall, building or restricted to only when
freestanding. rental units are available
for lease or rent.
G. Subdivision sale signs
and model home t1ae:ooles.
1. Subdivision sale off-site On vacant residential, Area: Thirty-two (32) Number: Four (4).
Sl!:,'11S commercial or industrially square feet per side. Signs Design: The signs shall
zoned property with written may be double-faced. advertise only tracts located
permission of the property Height: Ten ( 10) feet. within the city.
owner. No tract sign shall Illumination: None.
be placed within five Duration: After recordation
hundred (500) feet of any of a final tract map, signs
other tract sign. may be erected for a
maximum of eighteen ( 18)
months from the date of
issuance of the sign pennit
for such sign or until all
lots have been sold,
whichever occurs first. The
community development
director may grant six (6)
month extensions.
Maintenance: A deposit for
removal of each sign shall
be required as part of the
sign permit.
Ordinance No. 515
Page 168
RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES (continued)
2. Subdivision sale on-site One (I) sign per major Area: Thirty-two (32) Number: Two (2).
signs street entrance to the site. square feet per side. Signs Design: The signs shall
may be double-faced. advertise only tracts located
Height: Ten (10) feet. within the city.
Illumination: None.
Duration: After recordation
of a final tract map, signs
may be erected for a
maximum of eighteen ( 18)
months from the date of
issuance of the sign permit
for such sign or until all
lots have been sold,
whichever occurs first. The
community development
director may grant six (6)
month extensions.
Maintenance: A deposit for
removal of each sign shall
be required as part of the
sign permit.
3. Subdivision and model Within two hundred (200) Area: Twelve ( 12) square Number: Six (6).
home on-site flagpoles feet of the nearest model feet in area for each flag. Maintenance: To be well
home and no closer than Height: Fourteen ( 14) feet maintained and kept in
two hundred (200) feet of for each pole. A maximum good condition (i.e., not
any occupied residence. of two (2) flagpoles per tattered or tom).
Poles shall be at least three model home and one (I)
(3) feet from the tract flag per pole.
boundary.
H. Campaign signs.
Campaign signs Campaign signs may be Area: No campaign sign Number: Each parcel may
(no permit required) placed in the front, side or may exceed sixteen ( 16) have one temporary
rear yard of any parcel that square feet in total area per freestanding campaign sign
fronts, sides or rears on a face. Signs may be double-for each political candidate
public street. No campaign faced. or issue on each street
sign may be placed in or Height: No freestanding frontage.
encroach into a public campaign sign may exceed Duration: All campaign
right-of-way. ten ( I 0) feet in height. signs must be removed
within seven (7) days
following the election for
which they are intended. If
not timely removed, the
sign will be deemed to be
abandoned and may be
removed by the city
without notice.
Illumination: None.
Ordinance No. 515
Page 169
17.40.110 Commercial/industrial zones.
In addition to any other signage pennitted under this chapter or code, the following signs are pennitted in commer-
cial and industrial-zoned properties, except for those properties within the boundaries of the downtown specific plan
(see Section 17 .40.120 of this chapter) subject to the applicable regulations set forth in the table in this section.
COMMERCIAL/INDUSTRIAL ZONES
Sign Type Sign Location Maximum Sign Area, Other Regulations
Height, and Width
A. Not within a center
(three or less businesses on
a single lot).
1. Monument signs One-half(l/2) of the Area: Thirty-six (36) Number: One (I) per street
required front or street side square feet per side. Signs frontage.
setback or four ( 4) feet, may be double-faced. Illumination: Internally in
whichever is greater. Height: Six (6) feet. commercial zones. Internal
or external in industrial
zones.
Landscaping: Surrounded
by a minimum four-foot by
four-foot (4 x 4)
landscaped planter area.
Copy: Eighteen ( 18) inch
maximum letter height in
commercial zones. Twenty-
four (24) inch (maximum
letter height) in industrial
zones.
Ordinance No. 515
Page 170
2. Wall signs for
buildings/tenant (less than
10,000 square feet of floor
area)
3. Wall signs for
building/tenant (more than
I 0,000 square feet of floor
space)
4. Corporate flag
B. Centers (four or more
businesses). A sif,'11 program
shall be submitted to the
community development
director for review and
approval prior to the erection
of any sign. The program
shall show the location, style
and type of signage.
Business logos shall count in
the calculation of sign area.
Projects with mixed use shall
include signage for the entire
site in the sign program,
including commercial,
residential, and other uses
(For centers with existing
sign programs, conformance
to the sign criteria of this
subsection shall occur within
twenty-four (24) months of
the effective date of the
ordinance codified in this
chapter.)
I. Monument signs
COMMERCIAL/INDUSTRIAL ZONES (continued)
Affixed to the building Area: Twenty (20) square Number: Three (3) signs
wall, eave or overhang feet per leasable space or per leasable space but no
facing a parking area, 0. 75 square feet per lineal more than one (I) sign per
building courtyard, exterior foot of business/tenant leasable frontage.
walkway or street frontage. frontage, whichever is less. Illumination: Internal.
Shall be affixed to the Area: One ( 1) square foot Number: Three (3) signs,
building wall, eave or per lineal foot of but no more than one (I)
overhang facing a parking business/tenant frontage. per business/tenant
area or street frontage or Height: Shall not extend frontage.
may be designed and beyond the roof line. Illumination: Internal.
incorporated into the roof
(see roof definition).
Shall be flown on a Area: Twenty-four (24) Number: One (I) flag.
flagpole at a location square feet. Illumination: None.
approved by the community Height: Shall not extend
development director. beyond the roof line.
One-half(l/2) of the Area: Thirty-six (36) Number: One (I) per street
required front or street side square feet per side. Signs frontage.
setback or four ( 4) feet, may be double-faced. Illumination: Internal in
whichever is greater. Height: Six (6) feet. commercial zones. Internal
or external in industrial
zones.
Landscaping: Four (4) foot
wide planter surrounding
sign.
Ordinance No. 515
Page 171
2. Pylon signs for
commercial retail shopping
centers of 50,000 square
feet or larger located on
Los Angeles A venue
3. Wall signs for major
building/tenant (more than
I 0,000 square feet of retail
space)
4. Wall signs for minor
building/tenant (less than
I 0,000 square feet of retail
space)
5. Corporate flag
6. Under canopy signs
7. Directory signs for
multi-tenant industrial,
business or office centers
COMMERCIAL/INDUSTRIAL ZONES (continued)
One-half(l/2) ofthe Area: Three hundred (300)
required front or street side square feet.
setback area but no closer Height: Twenty-four (24)
than four ( 4) feet from the feet.
property line, whichever is Width: Twelve (12) feet.
greater. Pylon signs along
the same side of Los
Angeles A venue shall be
no closer than five hundred
(500) feet of one another.
Shall be affixed to the Area: One (I) square foot
building wall, eave or per lineal foot of
overhang facing a parking business/tenant frontage.
area or street frontage or Height: Shall not extend
may be designed and beyond the roof line.
incorporated into the roof
( see roof definition).
Shall be affixed to the Area: One (I) square foot
building wall, eave or per lineal foot of
overhang facing a parking business/tenant frontage.
area or street frontage or Height: Shall not extend
may be designed and above the roof line.
incorporated into the roof
(see roof definition).
Shall be flown on a Area: Twenty-four (24)
flagpole at a location square feet.
approved by the Height: Shall not extend
community development beyond the roof line.
director.
Shall be mounted Area: Four ( 4) square feet.
perpendicular to the Height: Maintain a
business frontage using a clearance of not less than
flexible device such as a eight (8) feet from the
chain or cable under the bottom of the sign to the
canopy. walkway.
In a c,:entral location within Area: Fifteen ( 15) square
a courtyard, or at the feet.
entrance to the buildings, Height: Five (5) feet.
campus or center. Width: Three (3) feet.
Number: One (I) per street
frontage.
Sign Copy: Center name
and the name ofup to five
(5) tenants. The center
name shall not include any
tenant name. For centers
with theaters, changeable
copy signage within the
overall allowable sign
square footage is permitted.
Illumination: Internal, but
no exposed neon lighting or
exposed bulb lighting.
Landscaping: A minimum
twelve-foot by twelve-foot
(12 x 12) wide landscaped
planter area surrounding
the sign base.
Number: Three (3) signs,
but no more than one (I)
per business/tenant
frontage.
Illumination: Internal.
Number: Three (3) signs,
but no more than one per
business/tenant frontage.
[\Jumination: Internal.
Number: One (I) flag per
center.
Illumination: None.
Number: One (I) per
canopy.
Illumination: External.
Number: Approved by sign
permit.
Illumination: External or
internal.
Ordinance No. 515
Page 172
8. Window signs (no sign
permit required, and all
signing shall be on the
interior side of the window)
9. Temporary window
signs (no sign permit
required)
I 0. Temporary banners
C. Clocks and
thermometers.
Freestanding or wall-
mounted
D. Drive-through
restaurants.
Drive-through sign
E. Service stations.
I. Monument signs
2. Under canopy signs
COMMERCIAL/INDUSTRIAL ZONES (continued)
Windows facing a parking Area: Twenty-five percent
area, courtyard or (25%) of the total window
pedestrian passageway. area.
Windows facing a parking Area: Twenty-five percent
area, courtyard or (25%) of the total window
pedestrian passageway. area, not to exceed a total
of fifty percent (50%) of
the window.
Banners shall be securely Area: Twenty (20) square
affixed to a building or feet.
wall and not attached to Height: No higher than the
trees or posts. eave of the roof of the
building.
On a building wall, Area: Twelve ( 12) square
monument or pylon sign. feet and without
commercial display or
advertisement.
Adjacent to the drive-Area: 24 square feet for
through queue. each menu board.
Height: Eight (8) feet.
One-half(l/2) of the Area: Thirty-six (36)
required front or street side square feet per face.
setback area but no closer Double-faced signs may be
than four ( 4) feet, allowed.
whichever is greater. Height: Six (6) feet.
Width: Six (6) feet.
Shall be mounted Area: Twenty (20) square
perpendicular to the feet per side. Signs may be
business frontage using a double-faced.
flexible device such as a Height: Eight (8) foot
chain or cable under the clearance from the bottom
canopy. of the sign to the walkway.
Design: No more than
twenty-five percent (25%)
of any window shall
contain signing.
Illumination: None, except
for neon signs.
Limitations: lfwindow
signs are used in lieu of
wall signs, no temporary
window signs are allowed.
Duration: Fifteen (15) days
per special event up to four
( 4) times per calendar year
with at least thirty (30)
days between events.
Illumination: None.
Duration: Thirty (30) days
for grand openings. Fifteen
(15) days per special event
four ( 4) times per calendar
year with at least thirty (30)
days between events.
Number: One (I) per street
frontage.
Design: Architecturally
compatible to the
building(s) design.
Illumination: Internal.
Number: Two (2).
Illumination: Internal.
Number: One (I) per street
frontage.
Illumination: Internal.
Landscaping: Four-foot by
four-foot (4 x 4) planter
surrounding sign.
Number: One (I) per
business frontage.
Illumination: None.
Ordinance No. 515
Page 173
F. Theater.
I. Marquee signs
2. Freestanding changeable
copy sign
3. Wall signs
4. Now showing and
coming attractions case
signs
G. Temporary real estate
signs on properties for
lease or sale.
Freestanding, wall-
mounted or window
COMMERCIAL/INDUSTRIAL ZONES (continued)
Front elevation. Area: Total sign area two
hundred (200) square feet,
with fixed copy area fifty
(50) square feet and
changeable copy area one
hundred fifty (150) square
feet.
Height: Minimum often
( l 0) feet to the bottom of
the sign. The top of the
sign shall be at least four
(4) feet lower than the
ridge line or plate line of the
roof.
One-half(l/2) of the Area: One hundred fifty
required front or street side ( 150) square feet.
setback area but no closer Height: Twenty-four (24)
than four ( 4) feet from the feet.
property line, whichever is Width: Twelve (12) feet.
greater.
Front and side elevations. Area: Twenty (20) square
feet per elevation.
Height: No higher than the
wall on which it is located.
Front elevation. Area: Twelve ( 12) square
feet for each sign.
Height: Eight (8) feet to the
top of the case in which
sign is mounted.
Freestanding signs shall be Freestanding Sign Area:
located in the required front Thirty-two (32) square feet
or street side setback. per face. Double-faced sign
Building sign shall be may be allowed.
affixed to the building wall Building Sign Area:
or displayed in the window. Sixteen ( 16) square feet.
Freestanding Sign Height:
Eight (8) feet for
freestanding signs.
Building Sign Height: Not
higher than the eave line of
the roof.
Number: One (I).
Illumination: Internal and
neon.
Mounting: Projecting from
the front elevation wall.
Any projection over the
public right-of-way
requires an encroachment
permit.
Number: One (I) sign per
frontage.
Illumination: Internal.
Landscaping: A minimum
four (4) foot wide
landscaped planter area
surrounding the sign base.
Number: One (I) per
building face.
Illumination: Internal.
Number: Four (4).
Design: Enclosed within a
lockable case
architecturally compatible
to the building design.
Illumination: Internal.
Mounting: Parallel to the
wall.
Number: One (I)
freestanding sign per street
frontage. One (I) building
sign per each leasable
space.
Illumination: None.
Ordinance No. 515
Page 174
H. Campaign signs.
Campaign signs (no sign
permits required)
I. Wireless
communications facilities.
Signs on a stealth facility
designed as a tower
element on private
property (Only permitted
in the Commercial Planned
Development (CPD) zone
on a site developed with
I 00,000 square feet or
more of building area and
adjacent to a freeway.)
COMMERCIAL/INDUSTRIAL ZONES (continued)
Campaign signs may be Area: No campaign sign
placed in the front, side or may exceed thirty-two (32)
rear yard of any parcel that square feet in area per face.
fronts, sides or rears on a A campaign sign may be
public street. No campaign double-faced if it is placed
sign may be placed in or perpendicular to the right-
encroach into a public of-way.
right-of-way. Height: No freestanding
campaign sign may exceed
ten ( I 0) feet in height.
Location must comply with Area: One-hundred sixty
standards in Chapter 17.42 ( 160) square feet maximum
(Wireless Communications per each side of tower
Facilities) and CPD Permit. element, but not to exceed
forty percent (40%) of the
surface area of any one side
of tower element.
Height and Width: Per
Chapter 17.42 (Wireless
Communications Facilities)
and CPD Permit. Signage
may not extend beyond the
edges of the tower element.
Number: Each parcel may
have one (I) temporary
freestanding campaign sign
for each political candidate
or issue on each street
frontage.
Duration: All campaign
signs must be removed
within seven (7) days
following the election for
which they are intended. If
not timely removed, the
sign will be deemed to be
abandoned and may be
removed by the city
without notice.
Illumination: None
Number: One (I) tower
element with signage per
eligible site.
Maximum four (4) signs on
each side of tower element.
Maximum three (3) sides of
tower element with
signage.
Design: Tower element
must meet definition of
stealth facility in Chapter
17.42 (Wireless
Communications Facilities)
and have an approved CPD
Permit with a design,
including materials, colors,
architectural style and
details, and proposed
signage to match existing
site architecture as
determined by the city
council. Illumination:
Internal or spotlights, but
no exposed neon lighting or
exposed bulb.
Landscaping: Four ( 4) foot
wide planter surrounding
tower element. Minimum
ten ( I 0) inch high letters on
signs.
Ordinance No. 515
Page 175
J. Residential, multiple-
family in mixed use zone.
I. Monument sign
2. Directory signs
3. Nameplate sign
K. Open house directional
signs for single-family
homes (placement in the
public right-of-way
requires the issuance of an
annual encroachment
permit)
L. Real estate signs for
multiple-family homes in
mixed use zone
COMMERCIAL/INDUSTRIAL ZONES (continued)
Front yard or street side Area: Twenty-four (24)
yard of a comer lot, square feet per side. Signs
provided it is a minimum of may be double-faced.
five (5) feet from the front Height: Six (6) feet.
yard or street side yard
property line.
In a central location within Area: Fifteen ( 15) square
a courtyard, or at the feet.
entrance to the buildings. Height: Five (5) feet.
Width: Three (3) feet.
One per residential unit, Area: Two (2) square feet.
front or entrance door or Height: Six (6) feet.
window.
At least fifty (50) feet from Area: Four (4) square feet
the end of the curb return at per side. Signs may be
a street comer. One (I) sign double-faced.
at each location. The signs Height: Three (3) feet.
shall not be fastened or
attached in any way to a
building, architectural
element, wall or any street
fixture.
Front yard or street side Area: Up to thirty-two ( 16)
yard of a comer lot, square feet per side. Signs
provided it is a minimum of may be double-faced.
five (5) feet from the Height: Eight (8) feet.
required front yard or street
side yard property line. The
sign shall be securely
affixed to a wall, building,
window, or freestanding.
17.40.120 Downtown specific plan area.
Number: One (I) per street
frontage.
Illumination: External.
Landscaping: Minimum of
four ( 4) feet of landscaping
surrounding sign.
Number: Approved by sign
permit.
lllumination: Internal.
Number: One (1).
Design: Limited to a wall,
door or window
Illumination: None.
Number: Five (5).
Design: Limited to
displaying "Open House,"
an arrow, the residence
address, and business name.
Illumination: None.
Duration: Restricted from
7:00 a.m. to 6:00 p.m. on
caravan day and on
Saturdays and Sundays.
Number: One (I) per street
frontage, up to a maximum
of three (3) per unit.
Illumination: None.
Duration: These signs are
not intended to be
permanent and shall be
restricted to only when
units are available for lease
or rent or sale.
A. In recognition of the unique character of the downtown area, a specific plan has been adopted. Signage is an
important component of the overall character of the downtown area, and therefore unique sign regulations have been
created. Approval of new signs or modification of existing signs shall conform with the requirements of this chapter
and with the requirements of this section.
B. Design Compatibility. The design of all signs shall be compatible with the architectural character, the exterior
materials and color(s) of the building. Sign colors shall also be compatible with the architecture of the building. Up to a
maximum of three (3) colors may be used. Materials used for the sign, or the support structures of the sign may include,
but are not limited to, wood, wrought iron, and painted sheet metals (if the entire surface is painted).
C. Sign Placement. Signs shall be located on the buildings in a manner that does not obscure the building's archi-
tectural detail.
Ordinance No. 515
Page 176
D. Lighting. All externally lighted sources shall be shielded so light, or glare is not directed toward surrounding
properties nor shall lighting be directed upward to the sky. Creative and artistic applications of neon used in signs and
other graphics may be permitted.
E. Prohibited Signs. In addition to the signs prohibited by Section 17.40.130 of this chapter, the following addi-
tional signs are prohibited:
I. Pylon signs; and
2. Subdivision signs.
F. Signs Allowed in the Downtown Area. In lieu of those signs allowed in commercial and industrial zones, as set
forth in Section 17.40.110 of this chapter, the following signs are permitted in the downtown subject to the regulations
set forth in this section.
DOWNTOWN SPECIFIC PLAN AREA
Sign Type Sign Location Maximum Sign Area, Other Restrictions
Hei2ht, and Width
I. Monument signs for
buildings with a fifteen
(15) foot or greater setback.
Monument signs One-half ( 1/2) of the Area: Thirty-six (36) Number: One (I) per street
required front or street side square feet per face. frontage.
setback or four ( 4) feet, Double-faced signs may be Copy: Eighteen ( 18) inch
whichever is greater. The allowed. maximum letter height.
sign shall be located in the Height: Six (6) feet. Illumination: None.
fifteen ( 15) foot setback Landscaping: Four-foot by
area. four-foot (4 x 4) planter
surrounding sign.
2. Wall signs (not including
temporary wall signs for
markets).
Wall signs Front, side and rear Area: Twenty (20) square Number: One (I) per
elevations. feet per building tenant for building tenant for front
front elevations. One-half elevations. One (I) sign per
( I /2) square foot for each building tenant for side and
foot of side building frontage rear elevations up to a
to a maximum often (10) maximum of two (2) signs.
square feet for side and rear Illumination: Internal.
elevations. Copy: Eighteen ( 18) inch
Height: No higher than the maximum letter height.
wall on which it is located. Mounting: Parallel to the
Length: No greater than wall and not projecting
seventy-five percent (75%) more than eight (8) inches.
of the length of the wall for
front elevations.
Ordinance No. 515
Page 177
3. Theater signs.
a. Marquee signs
b. Wall signs
c. Now showing and
coming attractions case
signs
4. Temporary wall signs for
food markets.
Temporary wall signs
advertising market specials
(no sign permit is required)
DOWNTOWN SPECIFIC PLAN AREA (continued)
Front elevation. Area: Total sign area one
hundred forty ( 140) square
feet, with fixed copy area
thirty (30) square feet and
changeable copy area one
hundred ten ( 110) square
feet.
Height: Minimum of ten
(IO) feet to the bottom of
the sign. The top of the
sign shall be at least four
( 4) feet lower than the
ridgeline or plate line of the
roof.
Front and side elevations. Area: Twenty (20) square
feet per elevation.
Height: No higher than the
wall on which it is located.
Front elevation. Area: Twelve (12) square
feet for each sign.
Height: Eight (8) feet to the
top of the case in which
sign is mounted.
Side elevation. Area: Seven (7) square feet
with maximum dimensions
of 3 .5 feet by 2 .0 feet.
Height: No higher than the
wall on which it is located
or eight (8) feet, whichever
is less.
Number: One (I).
Design: Architecturally
compatible to the
building(s) design that the
sign identifies.
Illumination: Internal and
neon.
Mounting: Projecting from
the front elevation wall.
Any projection over the
public right-of-way
requires an encroachment
permit.
Number: One (I) per
building face.
Design: Architecturally
compatible to the building
design.
Illumination: Internal.
Mounting: Parallel to the
wall.
Number: Four (4).
Design: Enclosed within a
lockable case
architecturally compatible
to the building design.
Illumination: Internal.
Mounting: Parallel to the
wall.
Number: Six (6), evenly
distributed a minimum of
every ten ( I 0) feet.
Design: Within a frame
which is architecturally
compatible to the
building(s) design.
Illumination: None.
Copy: Eighteen ( 18) inch
maximum letter height.
Mounting: Parallel to the
wall and not projecting
more than eight (8) inches.
Duration: Two (2) weeks
for each market special.
Ordinance No. 515
Page 178
5. Projecting/hanging signs.
a. Projecting or hanging signs
b. Barber poles
DOWNTOWN SPECIFIC PLAN AREA (continued)
Centered above the Area: Nine (9) square
entrance to the business feet.
and mounted Height: At least eight
perpendicular to the (8) feet but no higher
business frontage. than twelve (12) feet
from the bottom of the
sign to the grade below
the sign.
On the primary Area: Ten (10) square
business frontage as feet with maximum
determined by the dimensions of2.75 feet
community by 3.5 feet.
development director. Height: At least eight
(8) feet but no higher
than twelve ( 12) feet
from the bottom of the
sign to the grade below
the sign.
Number: One
(I) per
business.
Copy:
Eighteen ( 18)
inch maximum
letter height.
Logos are
encouraged.
Illumination:
None.
Mounting:
May hang over
the public
right-of-way
with issuance
ofan
encroachment
permit.
Number: One
( I ) per barber
shop.
Illumination:
None.
Mounting:
May hang over
the public
right-of-way
with issuance
ofan
encroachment
permit.
Ordinance No. 515
Page 179
DOWNTOWN SPECIFIC PLAN AREA (continued)
6. Window signs (no sign permit required, and Windows facing a Area: Twenty-five
all signing shall be on the interior side of the parking area, courtyard percent (25%) of the
window) or pedestrian total window area.
passageway.
7. Temporary window signs (no sign permit Windows facing a Area: Twenty-five
required) parking area, courtyard percent (25%) of the
or pedestrian total window area, not
passageway. to exceed a total of fifty
percent (50%) of the
window.
8. Temporary banners Banners shall be Area: Twenty (20)
securely affixed to a square feet.
building or wall and not Height: No higher than
attached to trees or the eave of the roof of
posts. the building.
Design: No
more than
twenty-five
percent (25%)
of any window
shall contain
signing.
Illumination:
None, except
for neon signs.
Limitations: If
window signs
are used in
lieu of wall
signs, no
temporary
window signs
are allowed.
Duration:
Fifteen (15)
days per
special event
up to four (4)
times per
calendar year
with at least
thirty (30)
days between
events.
Illumination:
None.
Duration:
Thirty (30)
days for grand
openings.
Fifteen ( 15)
days per
special event
four ( 4) times
per calendar
year with at
I east thirty
(30) days
between
events.
Ordinance No. 515
Page 180
DOWNTOWN SPECIFIC PLAN AREA (continued)
9. Under canopy signs.
Under canopy signs Centered above the Length: Seventy-five
entrance to the business percent (75%) of the
and mounted lineal frontage of the
perpendicular to the front elevation.
business frontage. Height: At least eight
(8) feet but no higher
than twelve ( 12) feet
from the bottom of the
sign to the grade below
the sign.
JO. A-frame, sandwich board signs for
restaurants and theaters.
A-frame signs In front of the business. Area: Seven (7) square
If located in the public feet, maximum
right-of-way minimum dimensions of2.0 feet
ADA requirements by 3.5 feet.
shall be met as well as
the issuance of an
encroachment permit.
Number: One
(I).
Copy:
Eighteen ( 18)
inch maximum
letter height.
Logos are
encouraged.
Illumination:
None.
Mounting:
May hang over
the public
right-of-way
with issuance
ofan
encroachment
permit.
Number: One
(I).
Design:
Architecturally
compatible to
the building(s)
design.
Eighteen ( 18)
inch maximum
letter height.
Logos are
encouraged.
Illumination:
None.
Mounting:
Shall not be
affixed to the
ground. An
encroachment
permit is
required if it is
in the public
right-of-way.
Ordinance No. 515
Page 181
DOWNTOWN SPECIFIC PLAN AREA (continued)
I I . Campaign signs.
Campaign signs Campaign signs may be Area: No campaign sign
(no sign permits required) placed in the front, side or may exceed thirty-two (32)
rear yard of any parcel that square feet in area per face.
fronts, sides or rears on a A campaign sign may be
public street. No campaign double-faced if it is placed
sign may be placed in or perpendicular to the right-
encroach into a public of-way.
right-of~way. Height: No freestanding
campaign sign may exceed
ten (10) feet in height.
17.40.130 Prohibited signs.
Number: Each parcel may
have one (I) temporary
freestanding campaign sign
for each political candidate
or issue on each street
frontage.
Duration: All campaign
signs must be removed
within seven (7) days
following the election for
which they are intended. If
not timely removed, the
sign will be deemed to be
abandoned and may be
removed by the city
without notice.
Illumination: None
Except as otherwise specifically provided in this chapter, the following signs are prohibited:
A. Abandoned signs;
B. A-frame, portable or hand-held signs displaying a commercial message;
C. Bench signs;
D. Barber poles;
E. Flashing signs;
F. Flags with commercial messages, except corporate flags per Sections 17.40.1 I0(A)(4) and 17.40.110(8)(5) of
this chapter;
G. Mobile and portable signs;
H. Off-site signs;
I. Roof signs;
J. Any sign which emits sound or an odor;
K. Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with
any free use of any fire escape, exit, or will obstruct any stairway, door, ventilator or window;
L. Unsafe signs;
M. Signs erected or attached to any utility pole;
N. Signs erected in such a manner that they will or may reasonably be expected to interfere with, obstruct, confuse
or mislead traffic;
0. Signs located in the visual /sight distance area (refer to 17 .24.030(F) and 17.24.0S0(C)) located near a driveway
or an intersection, taller than three feet in height;
P. Signs attached to the exterior surfaces of windows, except as required by state or federal law and where such
law preempts city regulations;
Q. Inflatable signs and balloons in excess of two (2) feet in diameter;
R. Hand-held commercial signs.
Ordinance No. 515
Page 182
17.40.140 Legal nonconforming signs.
A. A legal nonconforming sign may be repaired or restored to its pre-existing condition, provided that the damage
is not in excess of fifty percent (50%) of its value, as determined by the city's building official. Prior to any repairs, a
sign permit application shall be submitted and approved in accordance with the requirements of Section 17.40.060 of
this chapter. Nonconforming signs which are damaged in excess of fifty percent (50%) of its value, as determined by
the city's building official, or that are abandoned or unmaintained, shall be amortized in accordance with the provisions
of Chapter 17 .52, Nonconformities and Substandard Lots, of this title.
8. Special Circumstances. In accordance with Business and Profession Code Section 5499, no legal nonconform-
ing sign will be required to be removed on the sole basis of its height or size if special topographic circumstances
would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effec-
tively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at
the premises and at a location necessary for continued public visibility at the height or size at which the sign was previ-
ously lawfully erected pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in
conformance with this chapter.
17 .40.150 Unsafe signs.
Any unsafe sign may be removed by the city without prior notice. Alternatively, the director may issue a notice of
violation and give the permit holder, property owner or person in possession and control of the property no more than
fifteen (15) days to cure the violation. In the case of an unsafe sign removed by the city, the costs of such removal and
storage shall be borne by the permit holder, property owner, or person in possession and control of the property, asap-
plicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign
that has been removed and stored by the city may be released until the costs of removal and storage have been paid. If
an unsafe sign remains unclaimed for a period of thirty (30) days after notice of removal is sent to the permit holder,
property owner, or person in possession and control of the property, it will be deemed to be unclaimed personal proper-
ty and may be disposed of in accordance with the law.
17.40.160 Nuisance and abatement, enforcement and penalties.
A. Nuisance Abatement. The city shall follow the procedures set forth in Business and Professions Code Section
5499.1 et seq., for the nuisance abatement of permanent signs that are determined to be illegal.
B. Enforcement and Penalties. Violations of this chapter are punishable as set forth in Chapter 17.56, Enforcement
and Penalties, of this title.
17.40.170 Appeals.
A. Any person seeking to appeal a decision of the director granting or denying an application for issuance of a sign
permit, revoking a permit or ordering the remediation or removal of a sign, may appeal such action first to the planning
commission, and if dissatisfied with the decision of the planning commission, then to the city council in accordance
with the provisions of Chapter 17.44, Application Review Procedures, of this title.
B. The city shall expeditiously schedule a hearing before the planning commission or city council, as applicable,
not later than thirty (30) days after the notice of appeal is received by the city; provided, however, the hearing may be
held after such thirty (30) day period upon the request or concurrence of the appellant. Action on the appeal shall be
taken at the time of the hearing by the planning commission or city council, as applicable, unless the appellant requests
a continuance. The time for compliance of any original order will be stayed during the pendency of any hearing before
the planning commission or city council.
C. Any person dissatisfied with the final action taken by the city council may seek prompt judicial review of such
decision pursuant to California Code of Civil Procedure Section I 094.8.
Ordinance No. 515
Page 183
Sections:
17.42.010
17.42.020
17.42.030
17.42.040
17.42.050
17.42.060
17.42.070
17.42.080
17.42.090
17.42.100
Chapter 17.42
WIRELESS COMMUNICATIONS FACILITIES*
Purpose.
Definitions.
Applicability.
Application requirements for all wireless communications facilities.
Development requirements for all wireless communications facilities.
Additional regulations for minor facilities.
Additional regulations for major facilities.
Required findings for all wireless facilities.
Facility removal.
Temporary use during declared emergency.
17.42.010 Purpose.
A. The purpose of these requirements and guidelines is to regulate the location and design of wireless communica-
tions facilities as defined herein to facilitate the orderly deployment and development of wireless communications ser-
vices in the city, to ensure the design and location of wireless communications facilities are consistent with policies of
the city previously adopted to guide the orderly development of the city to promote the public health, safety, comfort,
convenience, quality of life and general welfare of the city's residents, to protect property values and enhance aesthetic
appearance of the city by maintaining architectural and structural integrity, and by protecting views from obtrusive and
unsightly accessory uses and facilities.
B. In adopting and implementing the regulatory provisions of this chapter, it is the intent of the city council to fur-
ther the objectives specified above, and to create reasonable regulations in conformance with the provisions of the Tel-
ecommunication Act of 1996 without unnecessarily burdening the federal interests in ensuring access to telecommuni-
cation services, in promoting fair and effective competition among competing communication service providers, and in
eliminating local restrictions and regulations that, with regard to antennas, may preclude reception of an acceptable
signal quality or may unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of such an-
tennas.
C. With regard to applications to place wireless communications facilities in the public right-of-way, these regula-
tions are intended to be reasonable time, place, and manner regulations in accordance with the city's powers, California
Public Utilities Code Section 7901, and the Telecommunications Act of 1996 (specifically, Title 47, United States
Code, Section 253 and Section 332(c)(7)). If an application to place wireless communications facilities in the public
right-of-way complies with the rules and guidelines set forth in this chapter, then the city shall issue any necessary
permits for completion of the facilities with conditions as determined necessary to comply with the Moorpark Munici-
pal Code.
17 .42.020 Definitions.
For purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings given
herein. The word "shall" is always mandatory and not merely directory. If a definition is not listed in this chapter,
Chapter 17.08 of the Moorpark Zoning Code shall control.
"Accessory equipment" means any equipment installed, mounted, operated or maintained in close proximity to an
antenna structure to provide power to the antenna structure or to receive, transmit, or store signals or information re-
ceived by or sent from an antenna. For the purposes of this chapter, facilities are categorized by the manner in which
antennas are mounted and not by the placement of accessory equipment. It is presumed that all facilities shall include
accessory equipment, which shall not affect how the facility is mounted.
"Antenna structure" means an antenna, any structure designed specifically to support an antenna, and/or any appur-
tenances mounted on such structure or antenna.
Ordinance No. 515
Page 184
"Collocation" or "collocated" means the location of multiple antennas which may be owned or operated by one (I)
or more service providers at single or adjacent parcels or lots and which may or may not be mounted to a common sup-
porting structure, wall or building.
"Collocation facility" means the placement or installation of wireless facilities, including multiple antennas, and
related equipment, which may be owned or operated by one (I) or more service providers at single or adjacent parcels
or lots and which may or may not be mounted to a common supporting structure, wall or building, consistent with a
duly approved discretionary permit for a collocation wireless communications facility which may be either a major
wireless communications facility or a minor wireless communications facility as defined herein.
"Commercial mobile service" means any mobile service that: (I) is offered in return for monetary compensation; (2)
is available to the public or a substantial portion of the public; and (3) provides subscribers with the ability to access or
receive communication from the public switched telephone network. Commercial mobile service includes, but is not
limited to, paging service, wireless data transmission, cellular telephone service, specialized mobile radio service
(SMR), and personal communications service (PCS).
"Disguised facility" means any wireless communications facility, which is designed to blend into the surrounding
land, typically one that is architecturally integrated into a building or other concealing structure.
"Fixed wireless service" means any service providing radio communication to or from antenna structures at fixed
and specified locations which are not designed to be moved during operation and which offers the ability to access or
receive communication from the public switched telephone network.
"Ground mounted" means a wireless communications facility that is mounted to a pole, lattice tower or other free-
standing structure that is primarily constructed for the purpose of supporting an antenna.
"Lattice tower" means a tower-like structure used to support antennae and comprised of up to two (2) or more steel
support legs.
"Major facility" means a wireless communications or collocation facility that is ground mounted, or is wall mount-
ed, utility mounted, or roof mounted but does not meet the definition ofa minor facility.
"Microwave communication" means the transmission or reception of radio communication at frequencies of a mi-
crowave signal (generally, in the 3GHz to 300GHz frequency spectrum).
"Minor facility" means a wireless communications or collocation facility that is wall mounted, utility mounted, or
roof mounted as follows:
I. If wall mounted, the facility is architecturally compatible with the building structure and surrounding land uses;
2. If utility mounted, the facility is required to be compatible with surrounding land uses, must be proposed for
attachment to an existing above-ground structure, and comply with all other provisions of Section 17.42.060(8)-(D)
of this code;
3. If roof mounted, the entire facility must be screened with solid material on four (4) sides or integrated into the
architecture of the building, must be architecturally compatible with surrounding land uses, and must not exceed the
maximum building height of the applicable zone district in which the facility is located; and
4. If wall mounted, utility mounted, or roof mounted, qualifies as a disguised facility or a stealth facility.
"Mobile service" means any temporary service providing radio communication to or from at least one (I) antenna
that is designed to be moved during operation or used during halts at unspecified locations; or as otherwise defined in
47 USCS Section 153 and interpreted by the Code of Federal Regulations and the Federal Register.
"Mounted" means any manner of antenna attachment, support, or connection, whether on ground or on a structure.
"Multipoint distribution service" means a microwave communication service that delivers video programming di-
rectly to subscribers, including multichannel, multipoint distribution services, instructional television fixed services,
and local multipoint distribution services, or as otherwise defined by the Section 207 of the Telecommunications Act of
1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by
the Federal Communications Commission.
"Radio communication" means the transmission and/or reception of impulses, writing, signs, signals, pictures, and
sounds of all kinds through space by means of electromagnetic waves.
"Roof mounted" means a facility that is mounted on any structure that is not specifically constructed for the purpose
of supporting antennae, in any manner that does not satisfy either the definition of wall mounted, or utility mounted and
is typically mounted on the roof of a building.
Ordinance No. 515
Page 185
"Satellite antenna" means a device used to transmit and/or receive radio or electromagnetic waves between terrestri-
ally and orbitally-based uses. This definition is meant to include, but not limited to, what are commonly referred to as
satellite earth stations, TVROs (satellite television receiving antenna), and satellite microwave antennas.
"Stealth facility" means any wireless communications facility which is disguised to appear as another natural or arti-
ficial object that is prevalent in the surrounding environment, or which is architecturally integrated into a building or
other concealing structure.
"Utility mounted" means a facility that is mounted to an above-ground structure that is primarily designed and in-
stalled to support electrical power lines, cable television lines, street lighting, traffic signal equipment, park lighting or
a structure on public or private property deemed by the city to be similar in nature.
"Wall mounted" means a facility that is mounted on any vertical surface or nearly vertical surface of a building or
other existing structure that is not specifically constructed for the purpose of supporting an antenna i.e., the exterior
walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestand-
ing sign such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of
the surface on which it is mounted.
"Wireless communications facility" or "facility" means an antenna structure and any appurtenant facility or accesso-
ry equipment located within city limits and that is used in connection with the provision of wireless service.
"Wireless service" means any type of wireless service providing radio communication that satisfies the definition of
commercial mobile service, fixed wireless service, or wireless video service.
"Wireless video service" means any service providing radio communication, which delivers video programming.
17.42.030 Applicability.
The regulations in this chapter apply to all wireless communication facilities except the following:
A. Any antenna structure that is one (I) meter (39 .37 inches) or less in diameter and is designed to receive direct
broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunica-
tions Act of 1996, Title 4 7 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the
Federal Communications Commission;
B. Any antenna structure that is two (2) meters (78.74 inches) or less in diameter located in a commercial or indus-
trial zone and is designed to transmit or receive radio communication by satellite antenna;
C. Any antenna structure that is one (I) meter (39.37 inches) or less in diameter or diagonal measurement and is
designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than
eight (8) feet above the principal building on the same lot;
D. Any antenna structure that is designed and used solely to receive UHF, VHF, AM, and FM broadcast signals
from licensed radio and television stations;
E. Any antenna structure that is designed and used solely in connection with authorized operations of an amateur
radio station licensed by the FCC (i.e., a "HAM" radio transmission).
17.42.040 Application requirements for all wireless communications facilities.
A. Each applicant applying for a wireless communications facility shall submit the required completed application
in accordance with the requirements set forth in Chapter 17.44 of the Moorpark Municipal Code, and such additional or
different requirements as are made applicable by this chapter. At a minimum, a wireless communications facility appli-
cation shall include the following:
I. A scaled site plan and facility elevations with the following information:
a. The proposed location of the wireless communications facility including access;
b. The elevations of the wireless communications facility with dimensions identified;
c. The height of any existing or proposed structure(s);
d. The location of any accessory equipment;
e. The location of all guy wires;
f. The location of all above and below ground wiring and connection cables;
g. The location of existing or proposed easements on the property affecting the facility;
h. The height of any panels, microwave dishes, or whip antennas, above ground level;
Ordinance No. 515
Page 186
1. The distance between the antenna structure and any existing or proposed accessory equipment; and
J. Any other necessary information as may be required by the director of community development.
2. A letter of justification accompanied by written documentation that explains the applicant's efforts to locate the
facility in accordance with the screening and site selection guidelines set forth in Section l 7.42.050(C).
3. A narrative and map that discloses the exact location and nature of any and all existing facilities that are owned,
operated or used by the applicant within the city or within one ( 1) mile of its geographic borders, as well as any pro-
posed or planned sites within said boundary that may reasonably be known to the applicant at the time the application is
made.
4. A narrative and appropriate map(s) that disclose the geographic area(s) within the city that will be serviced by
the proposed facility, the geographic area(s) bordering the city, if any, that will be serviced by the proposed facility,
and the nature of the service to be provided or purpose of the facility.
5. A radio-frequency (RF) report prepared by a qualified RF engineer acceptable to the city to demonstrate that the
proposed facility, as well as any collocated facilities, complies with current Federal RF emission standards. This RF
report shall also include signal strength exhibits, including calculations and measurements under maximum loading
conditions.
6. Computerized visual assessments or other exhibits equivalent in a form and manner acceptable to the director of
community development showing the before and after visual appearances of the proposed facility.
7. A description of the required maintenance visits to the site and security proposed to protect the site from vandal-
ism and trespass.
8. A list of any other required licenses and approvals to provide wireless services in the city.
17.42.050 Development requirements for all wireless communications facilities.
A. General Development Requirements. The facility shall comply with each of the following requirements:
1. Any signs or advertising devices other than certification, public safety, warning, or other required seals or re-
quired signage are prohibited, except as provided for in Chapter 17.40 (Sign Regulations).
2. Any and all accessory equipment, or other equipment associated with the operation of a minor facility, includ-
ing but not limited to transmission cables, when not located within an existing above-ground building in a manner that
is not visible from the outside, in association with a stealth facility, must be located within conduit or in an under-
ground vault. Any and all accessory equipment, or other equipment associated with the operation of a major facility,
including but not limited to transmission cables, must be located within conduit, an underground vault, or an above-
ground building or enclosure in a manner that complies with the development standards of the zoning district in which
such equipment is located. Equipment located above ground must be visually compatible with the surrounding build-
ings and structures and either shrouded by sufficient landscaping to screen the equipment from view or designed to
match the architecture of adjacent buildings.
3. The wireless communications facility's exterior finish shall be comprised of non-reflective material(s) and
painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings, structures, topogra-
phy and vegetation.
4. Wireless communications facilities and/or support equipment that are accessible to pedestrians shall be covered
with a clear anti-graffiti material of a type approved by the planning commission or community development director.
The planning commission or community development director may grant an exception to this requirement if the appli-
cant demonstrates to the satisfaction of the planning commission or community development director that there is ade-
quate security around the facility to prevent graffiti.
5. All screening used in connection with a wall mounted and/or roof mounted wireless facility must be compatible
with the architecture, color, texture, and materials of the building or structure to which it is attached and must be main-
tained to the satisfaction of the community development director.
6. Wireless facilities may not be illuminated unless specifically required by the Federal Aviation Administration or
other governmental agencies with appropriate jurisdiction, or to illuminate signage as allowed by Chapter 17.40 (Sign
Regulations).
7. The applicant, and the property owner if different from the applicant, shall not enter into any exclusive agree-
ment which prohibits future collocation of other facilities on or with the applicant's facility, unless technological re-
quirements preclude that collocation.
Ordinance No. 515
Page 187
B. Setback Requirements. All facilities must comply with the main structure setback requirements for the zone in
which they are located as specified in Chapter 17.24 of the Moorpark Municipal Code, with the exception of utility
mounted facilities, if all other requirements in Sections l 7.42.070(8) and l 7.42.070(C) can be met. In all instances, the
determination of need for a larger setback for the facility may be considered by the city in connection with the pro-
cessing of the applicable permit.
17.42.060 Additional regulations for minor facilities.
In addition to the requirements of Section 17.42.050, the following requirements shall apply to the following types
of facilities:
A. Height. Notwithstanding any other provision in the Moorpark Municipal Code, no minor facility may exceed
the maximum building height for a main structure .in the applicable zoning district unless such facility has been de-
signed as a disguised or stealth facility, and the applicant demonstrates that exceeding the height limitation is necessary
for operation of the facility, or the facility is collocated, or contains adequate space suitable for future collocation, and
the height in excess of zoning requirements is necessary to the proposed shared use.
B. Utility Mounted Facilities-Vertical Extensions. A utility mounted facility may exceed the maximum building
height limit for the applicable zoning district, if approved by the decision-making authority as provided
herein. The extent that the utility mounted facility exceeds the height of the existing utility pole or structure and the
need for such height increase shall be taken into consideration by the city in conjunction with the processing of the dis-
cretionary permit application for the utility mounted facility.
C. Utility Mounted Facilities-Horizontal Extension. The extent that the utility mounted facility protrudes or ex-
tends horizontally from the existing utility pole or structure shall be taken into account by the city in conjunction with
its processing of a discretionary permit application for a utility mounted facility. A utility mounted facility may not
protrude or extend horizontally more than thirty-six (36) inches from the existing utility pole or structure unless the
applicant demonstrates a technical need for such extension in order to provide service or to comply with the regulations
and requirements of the utility pole owner.
D. Additional Requirement for All Utility Mounted Facilities. Any accessory equipment accompanying or that
forms part of the utility mounted facility, must be located within conduit or an underground vault.
17.42.070 Additional regulations for major facilities.
In addition to the requirements of Section 17.42.050, the following requirements shall apply to the following types
of facilities:
A. Location Requirements.
I. A major facility shall not be located within two hundred (200) feet of any property containing a residential use.
2. No portion or extension of a major facility shall protrude beyond property lines or extend into any portion of
property where such facility is not itself permitted; provided, however, that the city may approve the location of guy
wires in a required setback if such approval is consistent with the guidelines and requirements set forth in this chapter.
3. Latticed towers shall not be located in any zone except M-2 and I and shall not be located within two hundred
(200) feet of any property containing a residential structure.
4. A ground mounted facility shall not be located in a required parking area, vehicle maneuvering area, vehi-
cle/pedestrian circulation area or area of landscaping such that it interferes with, or in any way impairs, the utility or
intended function of such required area.
5. A ground mounted facility shall not be permitted unless the reviewing authority makes the additional finding
that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accom-
modate the proposed facility. Evidence supporting this finding will be reviewed by the reviewing authority and may
consist of any of the following:
a. No existing buildings or support structures located in near proximity of the proposed perimeter of service area
will provide the service coverage necessary for applicant to provide wireless services within the proposed perimeter of
service area.
b. Existing buildings or support structures are not of sufficient height or structural strength to satisfy the appli-
cant's operational or engineering requirements.
Ordinance No. 515
Page 188
c. The applicant's proposed facility would create electromagnetic interference with another facility on an existing
structure, or the existing facility on a building or support structure would create interference with the applicant's pro-
posed facility.
d. The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless service
provider, in order to collocate a new facility on an existing building or structure, or to adapt an existing building or
structure for the location of the new facility, are unreasonable.
e. There are other limiting factors that render existing buildings and structures unsuitable for use by the applicant.
f. A ground mounted facility shall be located in close proximity to existing above ground utilities, such as electri-
cal tower or utility poles (not scheduled for removal or undergrounding in the next eighteen (18) months), light poles,
trees of comparable height, water tanks and other areas where the facility will not detract from the image or appearance
of the city.
6. If the proposed major facility cannot be collocated, it must be sited at least one thousand five hundred (1,500)
feet from any existing major facility unless the reviewing authority determines that a shorter distance is required for
technological reasons, or that it would result in less visual obtrusiveness in the surrounding area. If technical data re-
quires the placement of a major facility to be located within one thousand five hundred (1,500) feet of an existing major
facility, the new major facility shall be located at least five hundred (500) feet from the existing major facility.
B. Additional Design Requirements.
1. A ground mounted facility shall be secured from access by the general public with a fence of a type or other
form or screening approved by the planning commission.
2. No part of a ground mounted facility shall be located in any required setback.
3. A roof mounted facility that extends above the existing parapet of the building on which it is mounted shall be
screened by a material and in a manner that is compatible with the existing design, color and architecture of the build-
mg.
4. A roof mounted facility, requiring the placement of any guy wires, supporting structures, or accessory equip-
ment shall be located and designed so as to minimize the visual impact as viewed from surrounding properties and pub-
lic streets, including any pertinent public views from higher elevations.
C. Height. Notwithstanding any other provision in the Moorpark Municipal Code, no major facility shall exceed
the maximum building height for the applicable zoning district in which the facility is proposed to be located, nor shall
a roof mounted facility exceed the height of the structure on which it is mounted by more than the minimum amount
necessary for operation and safety, not to exceed ten (I 0) feet. Any application for a permit exceeding these height lim-
its shall not be approved unless the planning commission determines that the major facility has been designed as a dis-
guised or stealth facility and:
1. The applicant demonstrates that exceeding the height limitation is reasonably necessary for operation of the
facility; or
2. The facility is collocated, or contains adequate space suitable for future collocation, and the excess in height is
reasonably necessary to the proposed shared use.
17.42.080 Required findings for all wireless facilities.
A. Wireless Communications Facilities Findings. In addition to the required findings for conditional use permits
and administrative permits contained in Chapter 17.44 of the Moorpark Municipal Code, the following findings are
required for wireless communications facilities:
I. That the proposed facility will not create any significant blockage to public views;
2. That the proposed facility will be an enhancement to the city due to its ability to provide additional communica-
tion capabilities in the city;
3. That the proposed facility will be aesthetically integrated into its surrounding land uses and natural environ-
ment;
4. That the proposed facility will comply with FCC regulations regarding interference with the reception or trans-
mission of other wireless service signals within the city and surrounding community;
5. That the proposed facility will operate in compliance with all other applicablt:l federal regulations for such facili-
ties, including safety regulations;
Ordinance No. 515
Page 189
6. That the public need for the use of the facility has been documented consistent with California law; and
7. That the applicant will provide at its own expense a field survey or other method consistent with federal law to
provide written verification that the facility is in compliance with applicable federal regulations regarding electromag-
netic frequency emissions. This radio-frequency (RF) report shall also include signal strength exhibits, including calcu-
lations and measurements under maximum loading conditions. Such field survey shall be provided to the city upon
request, not to exceed one such request in any twenty-four (24) month period.
B. If the community development director, planning commission and/or city council does not approve an applica-
tion for such administrative permit or conditional use permit, the decision-making body shall make a written determina-
tion supported by findings as required by 47 U.S.C. Section 332(c)(7)(B)(iii).
17.42.090 Facility removal.
A. Discontinued Use. The operator of a lawfully erected facility, and the owner of the premises upon which it is
located, shall promptly notify the director of community development in writing in the event that use of the facility is
discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) shall
promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as
appropriate so as to be in conformance with applicable zoning codes. All such removal, repair and restoration shall be
completed within one hundred eighty (180) days after the use is discontinued and shall be performed in accordance
with all applicable health and safety requirements. For purposes of this paragraph, a discontinued use shall be perma-
nent unless the facility is likely to be operative and used within the immediately following six (6) month period.
B. Abandonment. A facility that is inoperative or unused for a period of one hundred eighty (180) days shall be
deemed abandoned. An abandoned facility shall be a public nuisance, subject to abatement pursuant to the provisions
of Chapter 1.12. To facilitate removal of an abandoned facility, all wireless communications facility projects shall be
conditioned to require a surety be provided to the city prior to building permit approval to guarantee removal of equip-
ment and structures if the city determines the facility to be abandoned and a public nuisance.
C. Utility Mounted Facility Removal or Relocation. All utility mounted facilities shall be removed or relocated at
the facility owner's expense when a city-approved project requires relocation or undergrounding of the utility structure
on which the facility is mounted. Any CUP or administrative permit for a utility mounted facility shall be conditioned
to require such removal or relocation at the facility owner's expense, to require reimbursement of the city's costs and
expenses to remove or relocate the facility if the facility owner refuses to remove or relocate the facility when required,
and to waive any claims of damage or loss (including, but not limited to, consequential damages) resulting from the
city's removal or relocation of the facility.
17.42.100 Temporary use during declared emergency.
Temporary Use. The director of community development or city emergency operations center director shall have the
authority to approve a temporary use permit for wireless communications facilities needed during a declared emergen-
cy. The temporary use permit shall contain the conditions for removal of the temporary facilities as soon as possible
after the conclusion of the declared emergency.
Ordinance No. 515
Page 190
Sections:
17.44.010
17.44.020
17.44.030
17.44.040
17.44.050
17.44.060
17.44.070
17.44.080
17.44.090
17.44.100
Purpose.
Chapter 17.44
APPLICATION REVIEW PROCEDURES
Legal lot requirement.
Zoning clearance.
Discretionary permits and exceptions.
Amendments to the general plan, specific plans, zoning map and zoning code.
Filing and processing of applications.
Public hearing procedures.
Decisions.
Appeals.
Modification, suspension and revocation.
17.44. 0 IO Purpose.
The purpose of this chapter is to establish review procedures for land use entitlement applications including permits
and variances; and applications to amend or adopt the general plan, specific plans, the zoning map or zoning ordinance.
17.44.020 Legal lot requirement.
No entitlement shall be granted, or permit be issued for construction on a lot, which is not a legal lot, as defined by
the state Subdivision Map Act and the subdivision ordinance.
17.44.030 Zoning clearance.
A. Purpose. A zoning clearance is a permit that is granted on the basis of a ministerial decision by the community
development director or designee without a hearing. A zoning clearance certifies that a proposed use of land or struc-
tures meets all requirements of this title and the applicable conditions of any previously approved discretionary planned
development permit, administrative permit and/or conditional use permit.
B. Applicability. Except as provided in Chapter 17.20 of this title, a zoning clearance is required prior to the im-
plementation of uses of land or structures, construction requiring building permits and the commencement of any activ-
ity authorized by a permit or subdivision granted in accordance with the zoning and subdivision ordinances of the city.
A zoning clearance shall be issued if the proposed uses of land or structures:
I. Are permissible under the present zoning on the land and the city's zoning and subdivision ordinances, planned
development permit or conditional use permit;
2. Are compatible with the policies and land use designations specified in the general plan, and any applicable
specific plan;
3. Comply with the applicable terms and conditions of any applicable permit or other entitlement;
4. Are not located on the same site where a violation of this code exists or are not in violation of the terms of an
existing permit covering the site or structure, unless the zoning clearance is necessary to abate the violation;
5. Are not being requested by or on a site where there are outstanding entitlement, processing or condition compli-
ance fees owed to the city; and
6. Are consistent with the portions of the county hazardous waste management plan that identify specific sites or
siting criteria for hazardous waste facilities.
C. Zoning Clearance for Changes to discretionary development permits. For commercial, industrial, or institutional
buildings , a zoning clearance may be issued to approve a change in color for an existing building, structure, or other
on-site improvement, provided that the community development director is able to find that the new color(s) is (are)
compatible with the architectural design of the building, structure, or other on-site improvement and consistent with the
original findings and conditions of approval and specific plan, if applicable. This zoning clearance authority is intended
Ordinance No. 515
Page 191
to modify any condition of approval for a planned development permit or other entitlement approved prior to March 18,
2009, requiring city council or planning commission approval for a color change.
D. Expiration. Zoning clearances shall expire one year after issuance, unless otherwise indicated by the community
development director on the clearance or unless the use of land or structures or building construction has commenced
and is being diligently pursued, as evidenced by current inspections and/or valid building permits.
17.44.040 Discretionary perm its and exceptions.
The following discretionary permits and exceptions are authorized by this title. If more than one (I) 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 thorough decision-making process and by the highest decision-making authority of the permits and/or
exceptions requested.
A. 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). A temporary use permit may include multiple non-consecutive dates within a 90-day time
frame. Temporary use permit applications require review and approval by the community development director to as-
sure compliance with the requirements of this title, and may be conditioned to protect the health, safety, life, aesthetics,
or property of the applicant or the public. One (I) additional ninety (90) day extension to a temporary use permit may
be granted. A period of sixty (60) days must occur between temporary use permits at the same location for a similar
temporary use as determined by the Community Development Director. No more than six (6) temporary use permits
may be granted within any 12-month period. 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. Temporary use permits shall take the place of a Zoning
Clearance when applicable. Temporary uses lasting more than 180 days may be authorized to occur for a longer period
of time with an Administrative Permit, at the discretion of the Community Development Director.
The following special temporary use permits may be granted considering special conditions or time limits as noted.
Construction Building or Office -A temporary use permit shall be required for the temporary placement of a construc-
tion trailer or other similar structure associated with a project site where a grading or building permit is approved. The
temporary use permit may be issued for a period of time determined by the Director and shall be associated with an
active construction site with an active building or grading permit. A separate building permit may also be required for
such structure. An administrative permit may be obtained for the placement of a temporary construction building
which would exceed placement of 180 days or more.
Brush Clearance -A temporary use permit shall be required for temporary brush clearance where goats or similar ani-
mals are used for removal if excess brush, as required by the Fire Department. A temporary use permit issued for ani-
mal brush clearance shall include conditions of approval, applied by the Community Development Department at the
discretion of the Director to ensure safety of the animals on the site, safety of humans within the vicinity of the subject
property, and to ensure appropriate brush clearance is conducted.
I. Exempt Temporary Uses.
a. Garage Sales. Residential garage, yard, or estate sales of personal property conducted by, or on behalf of, a
resident of the premises may be conducted consistent with the following standards:
1. Number of Events. A maximum of four times per 12-month period, per lot.
ii. Duration. A maximum of three consecutive days per event.
2. Non-Profit Fundraising. Fundraising sales by a certified 50 I ( c )(3) nonprofit organization may be conducted
consistent with the following standards:
a. Location. Located on a parcel with an approved commercial, industrial, institutional, or religious use.
b. Number of Events. A maximum of six times per 12-month period, per site.
Ordinance No. 515
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c. Duration. A maximum of seven consecutive days per event.
d. Obstructions. The fundraising sale shall not obstruct the right-of-way, sight distances, building or site
ingress or egress, or otherwise create hazards for vehicle or pedestrian traffic.
3. Catering. Mobile food vendors may operate as caterers to private events on private property when food or bev-
erages are not sold, or offered for sale, to the general 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 direc-
tor 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 com-
ments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applica-
ble 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 condi-
tions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other appli-
cable regulations. In order for an administrative permit to be approved, the community development director shall find
that:
I. The site design, including structure location, size, height, setbacks, massing, scale, architectural style, 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 impair the utility of properties, structures or uses in the surrounding area; and
3. The proposed development would be served by adequate infrastructure including but not limited to access to
public roadways, water, sewer, gas and / or electrical services, etc., and the development would not pose a health or
safety concern or if located in a mapped hazard zone, the development is designed to meet regulatory requirements to
minimize health and safety concerns.
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 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 re-
quirements of Section 17.44.100 of this chapter, except as permitted by Section 17.44.030(C) of this chapter. The plan-
ning commission and city council (if required) shall hold at least one (I) public hearing on any planned development
permit application for a commercial, industrial or residential planned development, while mixed use planned develop-
ment permits shall be reviewed by the planning commission and decided by the city council. Following a public hear-
ing, the planning commission shall be the decision authority for commercial, industrial, and residential planned devel-
opment permits. The city council shall be the decision authority for mixed use planned development permits. Prior to
approving, conditionally approving, or denying an application for a planned development permit, the planning commis-
sion (in the case of a commercial, industrial or residential planned development) or city council ( in the case of a mixed
use planned development) 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:
I. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and col-
ors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordi-
nance, and any other applicable regulations;
Ordinance No. 515
Page 193
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 development would be served by adequate infrastructure including but not limited to access to
public roadways, water, sewer, gas and / or electrical services, etc., and the development would not pose a health or
safety concern or if located in a mapped hazard zone, the development is designed to meet regulatory requirements to
minimize health and safety concerns.
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 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 requesting an increase in height shall be decided by the city council. 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 plan-
ning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole rec-
ord to justify the decision. In order for a conditional use permit to be approved, the planning commission shall find that:
1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applica-
ble 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;
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 manage-
ment 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 re-
quired for the approval of conditional use permits for establishments selling alcoholic beverages:
a. The use would not result in an over concentration in the area of establishments selling alcoholic beverages,
b. The use would serve a public convenience,
c. The use would not create the need for increased police services,
d. The requested use at the proposed location would not adversely affect the economic welfare of the community,
and
e. The exterior appearance of the structure would 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.
8. Additional Findings for Increase in Building Height. The following additional findings are required for the ap-
proval of conditional use permits for additional height in specified zones, not to exceed 50 feet and three (3) stories:
a. The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, con-
sidering the proposed building mass, parking, traffic, noise, vibration, exhaust/ emissions, light, glare, erosion, odor,
dust, visibility, safety, and aesthetic considerations.
b. The increase in height will not result in an impact on adjacent properties that cannot be mitigated through the
application of code, design standards, or reasonable conditions of approval.
c. All required public facilities and services have adequate capacity to serve the proposal.
d. The project meets the other requirements of the zoning code and intent of the General Plan.
E. Variance. A variance is an adjustment in the regulations contained in this title. A variance is based on discre-
tionary decisions and may be granted to allow deviations from ordinance regulations governing such development fac-
tors 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
Ordinance No. 515
Page 194
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 deci-
sion. In order for a variance to be approved, the decision-making authority shall find that:
I. There are special circumstances applicable to the subject property with regard to size, shape, topography, loca-
tion or surroundings, such that the strict application of the zoning regulations denies the property owner privileges en-
joyed by other property owners in the vicinity and under identical zoning districts;
2. The granting of the requested variance will not confer a special privilege inconsistent with the limitations upon
other properties in the same vicinity and zone;
3. The strict application of the zoning regulations as they apply to the subject property will result in practical diffi-
culties or unnecessary hardships inconsistent with the general purpose of such regulations;
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.
I. 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 excep-
tion 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 20% 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 ex-
ception, 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 ap-
pealed within ten (10) days 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;
b. The strict application of the zoning regulations as they apply to the subject property will result in practical diffi-
culties 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.
G. Requests for Reasonable Accommodations.
I. This section establishes a process for the request and consideration of a reasonable accommodation in the appli-
cation of the city's land use. zoning, and building standards, regulations, policies, and procedures to allow disabled
persons an equal opportunity to use and enjoy housing.
2. Any individual with a disability, his or her representative, or a developer or provider of housing for disabled
persons may seek relief from any land use, zoning or building standard, regulation, policy or procedure found in Title
17, Zoning, to ensure equal access to housing by requesting a reasonable accommodation. Requests for a reasonable
accommodation must be submitted on an application form provided by the department, and must contain the following
information:
a. The name, address and telephone number of the applicant;
Ordinance No. 515
Page 195
b. The name, address and telephone number of the individual with a disability for whom the reasonable accommo-
dation is being requested;
c. The name, address, and telephone number of the owner of the property for which the reasonable accommoda-
tion request is being made, where different from the applicant;
d. The address and current use of the property for which the reasonable accommodation is being made;
e. If the applicant is someone other than the property owner, a letter of agency or authorization signed by the
property owner consenting to the application being made;
f. The basis for the claim that the individual to be reasonably accommodated is disabled under the fair housing
laws;
g. A description of the reasonable accommodation requested and the land use, zoning or building standard, regula-
tion, policy or procedure to be modified or waived;
h. A statement of the reason why the requested accommodation is necessary for the disabled person to use and
enjoy the dwelling.
3. If the project for which the request for a reasonable accommodation is made requires another discretionary per-
mit or approval, then the applicant may file the request for reasonable accommodation together with the application for
the other discretionary permit or approval. The processing procedures of the discretionary permit will govern the joint
processing of both the reasonable accommodation and the discretionary permit. If the project for which the request for
a reasonable accommodation is made requires a discretionary permit or approval, then the application for a reasonable
accommodation will be heard at the same time as the other discretionary permit or approval.
4. If an individual needs assistance in making a request for a reasonable accommodation, the city will provide as-
sistance to ensure that the process is accessible.
5. A request for a reasonable accommodation may be filed at any time that the accommodation may be necessary
to ensure equal access to housing. A reasonable accommodation does not affect or negate an individual's obligation to
comply with other applicable regulations not at issue in the requested accommodation.
6. The community development director shall be the decision-maker for a reasonable accommodation that is not
made in conjunction with a discretionary approval that would require planning commission review. The community
development director may refer the processing of the reasonable accommodation to the planning commission for re-
view if the request is submitted in conjunction with a request for a separate discretionary approval.
7. The reviewing authority shall approve, with or without conditions, the request for a reasonable accommodation
if it finds, based upon all of the evidence presented, that all of the following findings can be made:
a. The requested accommodation is requested by or on the behalf of one (I) or more disabled persons protected
under the fair housing laws who will occupy the dwelling.
b. The requested accommodation is necessary to provide one (I) or more disabled persons an equal opportunity to
use and enjoy a dwelling.
c. The requested accommodation will not impose an undue financial or administrative burden on the city
as "undue financial or administrative burden" is defined in the fair housing laws.
d. The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning code,
as "fundamental alteration" is defined in the fair housing laws. In considering whether the accommodation would re-
quire such a fundamental alteration, the reviewing authority may consider, among other factors:
i. Whether the requested accommodation would fundamentally alter the character of the neighborhood;
ii. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;
111. Whether the requested accommodation would substantially undermine any express purpose of either the city's
general plan or an applicable specific plan; and
iv. Whether the requested accommodation would create an institutionalized environment due to the number o( and
distance between, facilities that are similar in nature or operation.
e. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health
or safety of other individuals or physical damage to the property of others.
8. Conditions of Approval. In granting a request for a reasonable accommodation, conditions of approval may be
imposed as deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the
required findings. The reviewing authority shall issue a written determination to approve, conditionally approve, or
Ordinance No. 515
Page 196
deny a request for a reasonable accommodation. The reviewing authority may approve an alternative reasonable ac-
commodation that provides an opportunity to use and enjoy a dwelling equivalent to that which would be provided by
the accommodation specifically requested where such alternative accommodation would reduce impacts to neighboring
properties or the surrounding area. The director shall mail written notice of the determination to the applicant and as
part of such notice shall advise the applicant of the right to appeal the determination. The written determination must
explain in detail the basis of the decision. The written decision of the reviewing authority shall be final, unless ap-
pealed.
9. Any reasonable accommodation approved shall expire one hundred eighty (180) days after issuance, unless oth-
erwise indicated by the community development director or unless the use of land or structures or building construction
has commenced and is being diligently pursued, as evidenced by current inspections and/or valid building permits.
I 0. Any reasonable accommodation may be revoked if any of the conditions or terms of such reasonable accommo-
dation are violated, or if any law or city ordinance is violated in connection with the reasonable accommodation. The
revocation procedures in Section I 7.44.100 will be followed to revoke a reasonable accommodation.
11. [f the disabled person who initially occupied the applicable dwelling and for whom the reasonable accommoda-
tion was granted ceases to reside at the premises, the reasonable accommodation will remain in effect only if the com-
munity development director determines that:
a. The modification is physically integrated into the residential structure and cannot easily be removed or altered
to comply with the requirements of this Title I 7; or
b. The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling.
The community development director may request that any successor-in-interest to the property provide documentation
that subsequent occupants are persons with disabilities. Failure to provide such documentation with in ten ( I 0) days of
the date of a request by the community development director will result in the termination of a previously approved
reasonable accommodation and the applicable premises must subsequently be made to conform to requirements of this
Title 17.
17.44.050 Amendments to the general plan, specific plans, zoning map and zoning code.
A. Authority. The adoption or amendment of a general plan element or map, specific plan, zoning map or zoning
ordinance is a legislative act. The planning commission and city council shall each hold at least one ( 1) public hearing
on any general plan, specific plan or zoning amendment request. Following a public hearing, the planning commission
shall make a written recommendation to the city council whether to approve, approve in modified form or disapprove
any proposed amendment. The city council shall be the decision authority for all general plan amendments, specific
plans and zoning amendment requests.
B. [nitiation. Proposals to amend the general plan, any specific plan, the zoning map or zoning code may be initiat-
ed by either of the following methods:
I. By the owner or the owner's agent of the affected property filing an application with the community develop-
ment director;
2. By the adoption of a resolution of intent by the city council either directly or upon the recommendation of either
the planning commission or the community development director.
C. Pre-Screening. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsec-
tion (8)(1) of this section shall only be accepted during the following submittal cycle schedule:
ACTION CYCLE 1 CYCLE 2
Application Cycle Deadline November 3ot11 May 31 st
(Application must be deemed
complete by this date)
City Council Public Hearing and Not later than the second regular Not later than the second regular
Decision meeting of City Council in May meeting of City Council in No-
vember
Ordinance No. 515
Page 197
a. A pre-screening application shall be submitted and approved by the City Council prior to submittal of a formal appli-
cation for a general plan, specific plan, or zoning amendment submitted by an applicant other than the City of
Moorpark.
b. A pre-screening application shall be made in a form and include the information as required by the Community De-
velopment Department. The application shall include appropriate maps, diagrams, text, and materials and shall include
a fee or deposit as set forth by adopted Council resolution.
c. The City Council shall hold at least one public hearing to consider a pre-screening application for a general plan,
specific plan, or zoning amendment and render a decision on the approval or denial of the proposed amendment to al-
low a formal application to be submitted to the Community Development Department.
d. In accordance with Municipal Code Section 17.44.060, no resubmittal of a substantially similar application may be
made for one (I) year after a denial decision of a pre-screening request.
e. City Council approvals of general plan, specific plan, or zoning code pre-screening applications are valid for two
years from the date of approval, by which an application for the general plan, specific plan or zoning amendment must
be filed and deemed complete.
D. Filing of Formal Applications. Applications for general plan, specific plan, or zoning amendments proposed pur-
suant to subsection (8)(1) shall submit an application consistent with the requirements outlined in Chapter 17.44 of the
Municipal Code. Applications for which have not received an approved pre-screening, as described in subsection C,
shall not be accepted.
E. Study of Additional Area. The community development director, upon review of an application or resolution of
intention for an amendment to the general plan map, any specific plan map or zoning map may elect to process the
study of additional areas for amendment concurrently with the amendment request.
F. Findings. The City Council shall make the following findings for amendments to the general plan, specific
plans, zoning map or zoning code:
I. The proposed amendment is deemed to be in the public interest.
2. The proposed amendment is consistent and compatible with the rest of the General Plan and any implementation
programs that may be affected.
3. The potential impacts of the proposed amendment have been assessed and have been determined not to be detri-
mental to the public health, safety, or welfare.
4. The proposed amendment has been processed in accordance with the applicable provisions of the California Gov-
ernment Code and the California Environmental Quality Act (CEQA).
G. Public hearing procedures. Hearings associated with general plan, specific plan, or zoning amendments pro-
posed pursuant to subsection (8)(1) and (8)(2) shall adhere to the public hearing procedures outlined in Section
17.44.070 of the Municipal Code.
H. In accordance with Municipal Code Section 17.44.060, no resubmittal of a substantially similar application may
be made for one (I) year after a denial decision for a general plan, specific plan or zoning amendment.
17 .44.060 Filing and processing of applications.
A. Submission of Applications. An application for a zoning clearance, discretionary permit or variance, or an
amendment or adoption of a general plan element or map, specific plan, zoning map or zoning ordinance may be filed
by the owner of the affected property or by an agent authorized by the affected property owner. The application shall be
filed with the community development director, conform to the requirements of this title, contain all required materials
and information prescribed by the forms supplied by the community development director and be accompanied by the
appropriate processing fees as established by city council resolution.
B. Fees.
I. Payment at Time of Application Submittal. Each application request shall be accompanied by payment of the
required fee established by resolution of city council. No filing fee shall be charged or collected for any application or
appeal filed and signed by two (2) planning commissioners or any individual city councilmember in their official ca-
pacity.
2. Reimbursement for Code Enforcement Activities. Where a use has commenced, or construction has begun prior
to the granting of any required zoning clearance, discretionary permit or exception, or amendment or adoption of a gen-
Ordinance No. 515
Page 198
era! plan element or map, specific plan, zoning map or zoning ordinance, the applicant shall submit additional fees to
cover the costs associated with code enforcement activities at the time the application is submitted as determined by the
community development director. Payment of such additional fees shall not relieve persons from fully complying with
the requirements of this code, nor from any other penalties prescribed herein.
3. Failure to Pay. In the event that all fees and charges have not been paid prior to action on the permit or variance
the community development director shall include, as a condition of approval, the requirement to pay all outstanding
fees and charges consistent with the adopted city council fee resolution.
C. Existing Violations. No application pursuant to this title shall be accepted for processing if there is an existing
violation of the zoning ordinance, subdivision ordinance or municipal code on the affected lot or building, until the
violation is abated, unless the community development director has determined that acceptance of the application is
necessary to abate the existing violation.
D. Reapplication. No application pursuant to this title shall be accepted for processing for one (I) year after a deni-
al decision has become effective on a similar application as determined by the community development director.
E. Content of Applications. The content of applications shall be determined by the community development direc-
tor and may include, but not be limited to, site plans, building or structure elevations (in color with building materials
identified), floor plans, samples of exterior finishing materials and identification of development phases, if any.
F. Completeness of Application. A determination as to the completeness of an application pursuant to this title
shall be made by the community development director and the applicant shall be notified in writing of this determina-
tion no later than thirty (30) calendar days after the city has accepted an application under this title. Legislative acts,
such as general plan amendments, zoning ordinance amendments, zone changes, amendments to specific plans, specific
plan adoption and development agreements, are not subject to this requirement. Upon written notification to the appli-
cant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant
to complete the application for a period of ninety (90) days from the date of notification of incompleteness. All unused
fees shall be refunded to the applicant. An extension to this ninety (90) day period may be granted by the community
development director upon written request by the applicant showing good cause.
G. Review and Conditioning of Applications.
1. Agency Review. The community development director or designee may solicit comments and recommendations
on a permit or variance application from any city department, permitting agency, service provider and other interested
party as deemed appropriate by the director or designee for the specific application.
2. Consultant Review. The community development director or designee may refer any application request to an
independent, qualified consultant for review and evaluation of issues beyond the expertise or staffing capabilities of the
city. The costs for all such consultant work combined with the administrative charge in effect at the time for manage-
ment of the consultant contract shall be borne by the applicant and are independent of the fees paid to the city for the
processing of the application request.
3. Securities. Except as otherwise specified in this title, the decision-making authority may require a performance
security on any discretionary entitlement as a condition of such entitlement. The security(ies) shall be filed in a form
acceptable to the city attorney and certified by the city clerk.
a. The required amount of the security( ies) may be increased periodically by the community development director
in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that
the same relative value of the security is maintained over the life of the permit, and to assure that performance securi-
ties continue to reflect the actual anticipated costs for completing a required task. No security shall be released until
after all of the applicable conditions of the permit have been met.
b. In the event of any failure by the applicant to perform or comply with any term or condition of a discretionary
entitlement, the decision-making authority may, after notice to the applicant and after a public hearing, determine by
resolution the amount of the penalty, and declare all or part of the security forfeited. The applicant will be jointly and
severally obligated to pay forthwith the full amount of the forfeiture to the city. The forfeiture of any security shall not
insulate the applicant from liability in excess of the sum of the security for damages or injury, nor from expense or lia-
bility suffered by the city from any breach by the applicant of any term or condition of the discretionary entitlement or
of any applicable ordinance or of the security.
Ordinance No. 515
Page 199
c. The applicant shall maintain the minimum specified amount of a penal security throughout the life of the enti-
tlement. Within thirty (30) days of any forfeiture of a penalty security, the applicant shall restore the security to the
required level.
4. Abandoned Oil/Gas Wells. All applications will be reviewed for the location over or near any abandoned or
idle-deserted oil or gas well, based on maps provided by the state of California Department of Conservation Division of
Oil, Gas, and Geothermal Resources (D.O.G.G.R.). The city will notify D.O.G.G.R. of the location of any proposed
project that is found to be over or near any such well(s).
H. Continuance of Permit During Application Renewal Process. Unless otherwise provided in the conditions of the
permit or variance, permits and variances being processed for renewal shall remain in full force and effect until the
renewal request is acted on and all administrative appeals have been exhausted, provided that the renewal application
was accepted as complete by the city prior to the expiration of the permit. All the terms and conditions of the permit or
variance shall continue to be in full force and effect.
17.44.070 Public hearing procedures.
A. Notice. For applications pursuant to this title requiring a public hearing before the city council or planning
commission, the community development director shall prepare a public hearing notice. The notice shall include the
date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be
considered and a general description, in text or by diagram, of the location of the real property, if any, that is the subject
of the hearing.
1. Publication. The community development director shall give notice of the public hearing, consistent with the
requirements ofthis section by publication at least ten (10) days prior to the hearing in a newspaper of general circula-
tion within the city, unless otherwise required by state or federal statute.
2. Mailing. The community development director shall mail the notice of the public hearing on permit or variance
applications pursuant to Government Code Section 65091, as the same may be amended from time to time. Notices
shall be mailed to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles,
within one-thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing for all ap-
plications except applications affecting property completely within the downtown specific plan boundaries and applica-
tions affecting one ( 1) single-family residence, where notices shall be mailed to owners of real property, as identified
on the .latest adjusted Ventura County Tax Assessor Roles, within three-hundred (300) feet of the exterior boundaries of
the assessor's parcel(s) subject to the hearing. If the number of owners to whom notice would be mailed is greater than
one thousand ( I ,000), the community development director may provide notice by placing a display advertisement of at
least one-eighth page in a newspaper of general circulation within the city at least ten (I 0) calendar days prior to the
hearing. In the case of appeal hearings, notice shall also be mailed to the appellant and the decision-making authority
whose order, requirement, permit, decision or determination is the subject of the appeal at least ten ( 10) calendar days
prior to the hearing.
3. Sign.
a. At least eleven (11) calendar days prior to the date of the public hearing, the applicant shall install at least one
non-illuminated sign on the subject property to notice the hearing. The sign shall be thirty-two (32) square feet in area,
not exceed eight (8) feet in height and be placed in an area of the property most visible to the public, not more than five
(5) feet from the front property line in residential areas, and not more than one (I) foot from the front property line in
commercial and industrial areas. At least one (I) sign for every five hundred (500) feet of street frontage shall be dis-
played per street frontage of the subject property. The community development director may reduce the number of
signs; however, the reduction shall be no less than one sign per street frontage.
b. The heading of the sign shall state: "Notice of public hearing on proposed development (fill in the application
name provided by the community development director) Case No. (fill in the case number provided by the community
development director)." The content of the sign shall describe the type of project (residential, industrial or commercial),
including the square footage, number of units, etc. Adjectives such as "luxurious" or "elegant" shall not be used. The
date, time and location of the public hearing, and the telephone numbers and e-mail addresses of the developer and of
case planner assigned to the application shall also be included on the sign. The public hearing sign shall not contain any
additional information unless approved by the community development director.
Ordinance No. 515
Page 200
c. The sign shall be removed from the property not more than twelve ( 12) calendar days after the final action by
the city on the application.
8. Hearing Process. For all discretionary entitlement applications with the exception of administrative permits,
temporary use permits, and administrative exceptions, the decision-making authority(ies) shall hold at least one (I)
public hearing. At least three (3) working days prior to such hearing, the community development director shall prepare
a report on the project, along with any recommendations, and provide copies of the report to the decision-making au-
thority, the applicant and parties requesting copies of the report. Presentation of the director's report and the public
hearing process shall follow the hearing process as described in the adopted rules of the planning commission and city
council.
C. Referral for Information, Report or Study. The planning commission may refer an application back to the com-
munity development director for further report, information or study. The city council may refer a matter back to the
planning commission or the community development director for further report, information or study.
17.44.080 Decisions.
A. Decision Options. The decision-making authority reviewing an application for a discretionary permit or excep-
tion may approve, conditionally approve, deny or modify, wholly or partly, the application being reviewed. The author-
ity may impose such conditions and limitations as it deems necessary to assure that the general purpose and intent of
this title and this code will be observed. All conditions and restrictions applied to a decision on an application shall
automatically continue to govern and limit the subject use or structure unless the action of the decision-making authori-
ty clearly indicates otherwise, or the action of the decision-making authority is appealed.
8. Time Limits. All decisions on applications made pursuant to this title shall be made in compliance with applica-
ble time limits set forth by state law under the Permit Streamlining Act as most recently amended, to the extent such
applies, unless a mutually agreed-upon extension is approved by the community development director and applicant as
permitted by the Permit Streamlining Act.
C. Notice of Decision. The community development director shall notify the applicant of a decision by the plan-
ning commission within thirty (30) calendar days following the effective date of a decision. The city clerk shall notify
the applicant of a decision by the city council within thirty (30) calendar days following the effective date of a decision.
The notification shall be provided in writing and transmitted via U.S. mail or in an electronic format, such as through
the internet or by facsimile. In the case of appeals, the authority whose decision is the subject of an appeal shall also be
notified of the decision.
D. Effective Date of Decisions.
I. A decision by the community development director or planning commission is effective ten (10) calendar days
from the date of decision unless an appeal is filed with the community development director.
2. A decision of the city council is effective on the date it is rendered.
E. Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an authority's decision until
the expiration of the decision-maker authority's appeal period or until the appeal has been resolved, whichever occurs
later in accordance with Section 17.44.090. Actions by the decision-making authority are stayed pending the considera-
tion of the appeal.
F. Expiration and Time Extension. Unless otherwise specified in this title or in the permit or exception conditions,
any discretionary permit or exception included in Section 17.44.040 shall expire two (2) years from the date of approv-
al unless the use is inaugurated in accordance with this title and the application conditions. The applicant is solely re-
sponsible for the timely renewal of any application. The city has no obligation to notify the applicant of the imminent
expiration of the application. An application for a time extension shall be filed with the community development direc-
tor at least thirty (30) calendar days prior to the date of expiration. The time extension application shall be filed on the
forms supplied by the community development director and shall be accompanied by the submittal requirements speci-
fied by the director and the appropriate filing fee. The time extension process shall conform to the process for the origi-
nal permit or exception identified in Section 17.44.060. In considering a request for a time extension, the decision-
making body may approve the request, deny the request, or modify or add to any conditions of approval originally im-
posed due to changed circumstances since the permit or exception was originally considered. Further extensions may
Ordinance No. 515
Page 201
be granted in conformance with the statutes of the California Subdivision Map Act (Government Code 66452 or other
applicable regulation).
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 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. 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 community development director. The appellant shall state the reasons for the appeal and relate the rea-
sons to the required findings for approval of the application.
3. Actions and decisions of the city council authorized by this title are not appealable.
B. Time Limits. All appeals of decisions authorized by this title shall be filed with the community development
director no later than the close of business ten ( 10) calendar days after the date of the final action of the decision-
making authority. If the tenth (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 (8)(1) of Section 17.44.060. No fee shall be required when
the item is appealed by a city councilmember.
D. Appeal Process.
I. 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.
17.44. 100 Modification, suspension and revocation.
A. Modification of Permits. An application for modification of an approved discretionary permit or approved vari-
ance pursuant to this section may be filed by any person or entity listed in subsection A of Section 17.44.060. Any
change of an approved discretionary permit is also a discretionary decision and shall be classified into one (I) of the
following three (3) categories:
I. Permit Adjustment. Any change which would not alter any of the findings pursuant to this title, nor any findings
contained in the environmental documentation prepared for the permit and would not have any adverse impact on sur-
rounding properties, may be deemed a permit adjustment and acted upon by the community development director or
designee without a hearing. Any change shall conform to the development requirements of this title or adopted specific
plan. Such changes may include, but are not limited to, the following:
a. A maximum of 20% increase in floor area but not more or less than 10,000 square feet, respectively;
b. A maximum of 20% increase or decrease in the area or height of walls, fences or similar structures used as
screening;
c. A maximum of 20% increase or decrease in provision for landscaping or similar standards or dimensions;
d. Internal remodeling or minor exterior architectural changes or embellishments involving no change in basic
architectural style;
e. A change in use where the new use requires the same or a lesser permit than the approved or existing use; or the
establishment of a new use in an unoccupied building for which a permit has been granted.
Ordinance No. 515
Page 202
2. Permit Modification. Any proposed change that exceeds the criteria of a permit adjustment but is not extensive
enough to be considered a substantial or fundamental change in the approved entitlement or use relative to the permit,
would not have a substantial adverse impact on surrounding properties and would not change any findings contained in
the environmental documentation prepared for the permit, may be deemed a permit modification by the community
development director. Action on the permit modification application shall be by the decision-making body that ap-
proved the original permit by the same type of public action process (i.e., action item without public hearing or public
hearing item) and public noticing as required for the original project application.
3. New Permit Required. Any proposed modification that does not meet the criteria for a permit adjustment or
permit modification shall require a new permit application.
B. Suspension, Modification or Revocation for Cause. Any permit or variance heretofore or hereafter granted may
be revoked, modified or its use suspended, by the same decision-making authority and procedure which would approve
the permit or variance under this title. Prior to taking any action the applicant shall be given notice by U.S. mail at least
ten (I 0) business days prior to the date of the proposed revocation, modification or suspension and have an opportunity
to be heard by the issuing body prior to any such revocation, modification or suspension. An application for such modi-
fication, suspension or revocation may be filed, along with applicable fees, by any person. The applicant for such modi-
fication, suspension or revocation shall have the burden of proving one (I) or more of the following causes:
I. The application request, which was submitted, was not in full, true and correct form.
2. The entitlement for which an approval was granted does not comply with the terms and conditions of the enti-
tlement.
3. The entitlement was issued erroneously.
4. The project is not in compliance with terms or conditions of the permit or variance.
5. The project subject to the permit or variance, or any portion thereof, is or has been used or maintained in viola-
tion of any statute, ordinance, law or regulation.
6. The use for which the permit or variance was granted has not been exercised for at least twelve ( 12) consecutive
months, has ceased to exist or has been abandoned.
7. The use for which the permit or variance was granted has been so exercised as to be detrimental to the public
health, safety or general welfare or as to constitute a nuisance.
8. Changes in technology, or in the type or amount of development in the vicinity of the use or other good cause
warrants modification of conditions of operation or imposition of additional conditions of operation to assure that the
use remains compatible with existing and potential uses of other property within the general area in which the use is
located.
C. Non-Waiver. The failure of the community development director, planning commission or city council to re-
voke a variance or permit, or to suspend its use, whenever cause therefor exists or occurs, does not constitute a waiver
of such right with respect to any subsequent cause for revocation or suspension of the use.
D. Prohibition. No person shall carry on any of the operations authorized to be performed under the terms of any
permit or variance during any period of suspension thereof, or after the revocation thereof, or pending a judgment of
court upon any application for writ taken to review the decision or order of the final appeal body in the city in suspend-
ing or revoking such permit or variance; provided, however, that nothing herein contained shall be construed to prevent
the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and
remedy the default, noncompliance or violation, for which a suspension of the permit or variance was ordered by the
applicable city entity, or such operations as may be required by other laws and regulations for the safety of persons and
the protection and preservation of property.
Ordinance No. 515
Page 203
Sections:
17.48.010
17.48.020
17.48.030
17.48.040
17.48.050
Chapter 17.48
TRANSPORTATION DEMAND
MANAGEMENT
Entitlement permit requirements.
Commercial and industrial entitlement permits for developments serving fifty or more
employees.
Commercial and industrial entitlement permits for developments serving one hundred or
more employees.
Commercial and industrial entitlement permits for developments serving one hundred fifty
or more employees.
Residential entitlement permits for developments of five hundred dwelling units or more.
17.48.010 Entitlement permit requirements.
For all residential, commercial and industrial entitlement permits, as described in Section l 7.44.030(A)( I), the ap-
plicant shall provide, where feasible and appropriate:
A. Transit stop improvements, including, but not limited to, bus pullouts, bus pads or shelters, as required by the
decision-making body or other agency;
8. Safe and convenient access for pedestrians and bicyclists from the external circulation system to on-site build-
ings or internal street/sidewalks.
17.48.020 Commercial and industrial entitlement permits for developments serving fifty or more
employees.
For all commercial and industrial entitlement permits for developments serving fifty (50) or more employees, the
applicant shall comply with the requirements as outlined within Section 17.48.0 IO and shall include in the project de-
sign a transportation information board (see definition, Section 17 .08.0 I 0) located where it is likely to be seen by the
greatest number of employees. Information on the board shall include, but is not limited to, the following:
A. Current maps, routes and schedules for public transit routes serving the site;
B. Ridesharing promotion material supplied by commuter-oriented organizations;
C. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing
agency, Dial-A-Route, and local transit operators;
D. Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;
E. A listing of facilities and services available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians
at the site.
17.48.030 Commercial and industrial entitlement permits for developments serving one hundred or more
employees.
All commercial and industrial entitlement permit requests for developments serving one hundred ( I 00) employees or
more, shall identify where employee parking will be located and the permit shall comply with the requirements as out-
lined within Sections 17.48.0 IO and 17.48.020, and, to the satisfaction of the city, shall provide all of the following
measures:
A. Ten percent ( I 0%) of the parking spaces required by Chapter 17 .32 shall be dedicated to carpool/vanpool spac-
es. All said carpool/vanpool spaces shall be located in one (I) location as close as possible to the employee entrance.
The carpool/vanpool spaces shall be designated by stenciling "carpool" in the stall; said lettering shall be approved by
the director of community development. The location of the carpool/vanpool parking spaces shall be identified on the
site plan upon the application for a development permit, to the satisfaction of the city. A statement that preferential car-
pool/vanpool spaces for employees are available and description of the method for obtaining such spaces must be in-
cluded on the required transportation information board, Section 17.48.020.
Ordinance No. 515
Page 204
8. Parking spaces reserved for vanpools must be accessible to vanpool vehicles. The parking spaces shall meet the
parking requirements as outlined within Chapter 17.32.
C. All bicycle/motorcycle parking spaces shall be located in one (I) location as close as possible to the employee
entrance. The bicycle/motorcycle parking spaces shall be designated by stenciling "bicycle" or ··motorcycle" in the
stall; said lettering shall be approved by the director of community development.
17.48.040 Commercial and industrial entitlement permits for developments serving one hundred fifty or
more employees.
For all commercial and industrial entitlement permits for developments serving one hundred fifty ( 150) employees
or more, the applicant shall comply with the requirements as outlined within Sections 17.48.010, 17.48.020 and
17.48.030, and shall provide all of the following measures to the satisfaction of the city:
A. Sidewalks or other designed pathways following, to the greatest extent feasible, direct and safe routes from the
external pedestrian circulation system to each, and between each, building in the development;
B. Development design shall incorporate showers, changing rooms and lockers for employees who bicycle, jog or
walk to work.
C. Development design shall incorporate, at a minimum, lunchrooms, and if feasible, cafeterias, eating establish-
ments or other facilities which will reduce the need for mid-day driving.
17.48.050 Residential entitlement permits for developments of five hundred dwelling units or more.
For all residential developments of five hundred (500) dwelling units or more, the applicant shall comply with the
requirements as outlined within Section 17.48.010, and shall comply with the following measure to the satisfaction of
the city:
Development design shall, to the greatest extent possible, and as appropriate based on adjacent land use, incorporate
services such as dry cleaners, eating establishments, childcare facilities, grocery markets, neighborhood work centers
and other facilities which will reduce home-based vehicle trips and vehicle miles traveled, and, if necessary, apply for a
zone change to accommodate such services.
Sections:
17.50.010
17.50.020
17.50.030
17.50.040
17.50.050
17.50.060
17.50.070
17.50.080
17.50.090
17.50.100
17.50.110
17.50.120
17.50.130
Chapter 17.50
ART IN PUBLIC PLACES
Purpose.
Definitions.
Public art fund.
Moorpark arts commission.
Projects subject to provisions of this chapter.
Exceptions.
Development obligation.
Covenant for maintenance.
Art in phased developments.
Time of compliance.
Artwork valuation.
Application and approval procedures for artwork.
Maintenance and ownership of artwork.
Ordinance No. 515
Page 205
17.50.010 Purpose.
The city council finds and declares:
A. Cultural and artistic resources, including artwork and performing arts, enhance the quality of life for individuals
living in, working in, and visiting the city.
8. Balanced development of cultural and artistic resources preserves and improves the quality of the urban envi-
ronment and increases real property values.
C. As development and revitalization of the real property within the city continue, the opportunity for creation of
cultural and artistic resources is diminished. As development and revitalization continue as a result of market forces,
urbanization of the community results. As these opportunities are diminished and this urbanization occurs, the need to
develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the
community is increased.
D. Development of cultural and artistic assets should be financed by those whose development and revitalization dimin-
ish the availability of the community's resources for those opportunities and contribute to community urbanization.
E. Establishment of this art in public places program will promote the general welfare through balancing the com-
munity's physical growth with revitalization and its cultural and artistic resources.
17 .50.020 Definitions.
As used in this chapter:
"Artist" means a person who has established a reputation of artistic excellence in the arts, including, but not limited
to, visual, or performing arts, as judged by peers and experts in the field, through a record of public exhibitions, per-
formances, commissions, sale of works, recognition and/or educational attainment. The qualified artist shall work pri-
marily in the production of unique art.
"Artwork" means an original creation of art, designed and envisioned by an artist, including, but not limited to, the
following media and materials:
I. A sculpture which may be freestanding, wall-supported or suspended, kinetic, electronic, or in any material or
combination of materials;
2. Affixed murals, mosaics, or paintings in any material or combination of materials;
3. Decorative, ornamental, or functional building elements such as gates or other architectural elements of a build-
ing, as approved by the city, commissioned for the purpose of creating a permanently affixed piece of art;
4. Water features or fountains, if the design is not dependent on the addition of water to function as an artistic en-
hancement should the water cease to function properly. There must be a demonstrated collaboration between the artist
and the water feature design company with the artist as the lead concept designer.
Artwork, as defined herein, may be made with any material or combination of materials and may be permanent,
fixed or temporary.
"Building valuation" means the total valuation for an applicable project, excluding land value and off-site improve-
ment costs, as determined by the building official.
"Public place" means any exterior area on private or public property which is easily accessible or clearly visible to
the general public.
17.50.030 Public art fund.
An art fund shall be created where fees are deposited pursuant to this chapter. The fund shall be maintained and used
solely for the city's art in public places program:
I. For the acquisition, installation, improvement, maintenance and insurance of an artwork;
2. For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or
may be subsequently approved by the city;
3. For maintenance and utility charges related to property purchased pursuant to subsections A and C of Section
17.50.130 of this chapter;
4. For the development of a design concept and the preparation of construction drawings;
5. For costs associated with administering the art in public places program, in an amount not to exceed fifteen per-
cent (15%) of the program allocation;
Ordinance No. 515
Page 206
6. For the acqu1s1t1on, design, construction, operation and/or maintenance of art and/or multi-cultural display
space, demonstration, and performance space to be utilized by individuals and nonprofit arts organizations for arts and
cultural programming;
7. For developing multi-cultural programs for the enjoyment and appreciation of art, heritage and culture within
the Moorpark community;
8. For supporting the development of arts and multi-cultural programming in Moorpark by eligible nonprofit or-
ganizations, subject to city council approval.
17.50.040 Moorpark arts commission.
The Moorpark arts commission, established pursuant to Chapter 2.38 of this code, shall be responsible for the re-
view of proposed artwork design and location pursuant to Section 17.50.120 of this chapter.
17.50.050 Projects subject to provisions of this chapter.
A. All new residential developments of more than four (4) units, and all commercial and industrial development
projects, with a building valuation exceeding five hundred thousand dollars ($500,000.00) shall be subject to the provi-
sions of this chapter.
B. Including but not limited to exterior modifications, alterations and additions, all remodeling of existing residen-
tial buildings of more than four (4) units and all remodeling of existing commercial and industrial buildings shall be
subject to the provisions of this chapter when such remodeling results in additional gross square footage of the building
and has a valuation exceeding two hundred fifty thousand dollars ($250,000.00).
17.50.060 Exceptions.
The following developments or modifications, alterations and additions to the developments are exempt from this
chapter: low or moderate housing, senior housing, performing arts facilities, museums, public buildings, interior re-
modeling/tenant improvements, and national and state disaster repairs/rebuilding required by code. This exemption
shall apply only as long as the exempt use is maintained.
17.50.070 Development obligation.
A. Any development subject to this chapter pursuant to Section 17.50.050 of this chapter shall be obligated to con-
tribute to the city's art in public places program. The amount of such contribution shall be a percentage of the total
building valuation for the development. The percentage required to be contributed shall be set by city council resolu-
tion.
B. At the city's sole discretion, an applicant may satisfy the contribution obligation required by subsection A of
this section in one (I) of two (2) ways:
I. Through payment in cash of the contribution amount directly to the art fund (the "in-lieu fee"); or
2. Through installation of an approved artwork, equal to or exceeding the value of the contribution amount, pursu-
ant to Section 17 .50.100 of this chapter. Artwork must be installed in a public place, with the specific site location to be
approved by the city.
C. Fifteen percent (15%) of the revenue generated from the art fund may be allocated for city administrative costs.
17.50.080 Covenant for maintenance.
A. The applicant must record a maintenance covenant on the subject property, in a format approved by the city,
which provides for ongoing maintenance of approved artwork prior to the issuance of a certificate of occupancy or pri-
or to the final building permit sign-off.
B. Removal of approved artwork on private property pursuant to this chapter without city approval is a violation of
this chapter.
Ordinance No. 515
Page 207
17.50.090 Art in phased developments.
For developments to be built in phases, the applicant shall provide the city with a detailed phasing plan and time line.
In phased developments, the applicant may be required to install public art in each development phase at the city's dis-
cretion.
17.50.100 Time of compliance.
A. If the city approves an applicant's payment of an in-lieu art fee to satisfy his public art obligation, such payment
shall be made prior to the issuance of a building permit. As used in this chapter, "applicant" shall be an applicant for a
building permit for a development which is subject to this chapter, pursuant to Section 17.50.050 of this chapter.
8. If the city approves an applicant's installation of an approved artwork on private property to satisfy his public
art obligation, the artwork shall be approved, as provided herein, prior to the issuance of a building permit. Such ap-
proved artwork must be installed and complete prior to issuance of a certificate of occupancy.
C. The applicant must record a maintenance covenant of the subject artwork as provided in Section 17.50.070 of
this chapter, prior to the issuance of a certificate of occupancy.
D. If any approved artwork placed on private property pursuant to this chapter is removed without city approval,
the certificate of occupancy may be revoked.
17 .50.110 Artwork valuation.
A. Expenses which may be used for calculating the value of the artwork are limited to:
I. Fees for the artist, structural engineering and fabrication;
2. Mountings, pumps, motors, subterranean equipment, pedestals, or materials directly necessary for installation of
the artwork; and
3. Lighting elements integral to illuminating the artwork.
8. Expenses not allowed to be calculated in the value of the artwork include, but are not limited to:
I. Expenses to locate an artist;
2. Architect and landscape architect fees;
3. Landscaping around an artwork;
4. Transportation of the artwork;
5. Utility fees associated with activating electronic or water-generated artwork; and
6. Lighting elements not integral to the illumination of the artwork as determined by the city.
17.50.120 Application and approval procedures for artwork.
A. Application Procedures. An application for placement of artwork on private property shall be submitted to the
community development department with a copy to the park, recreation, and community services department and shall
include, but not be limited to:
I. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature
of the proposed artwork;
2. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs;
3. Preliminary plans containing such detailed information as may be required by the community development de-
partment to adequately evaluate the site location of the artwork in relation to the proposed development and its compat-
ibility with the neighborhood in which it is located; and
4. A narrative statement indicating how the artwork will be displayed in a public place freely available to the gen-
eral public at least ten ( I 0) hours each day, or equivalent alternatives acceptable to the city.
B. Approval.
I. The parks, recreation, and community services director shall review the application for completeness, and if it is
found complete, prepare a recommendation to the arts commission.
2. The commission shall be responsible for reviewing the proposed artwork for its aesthetic quality and harmony
with the existing and proposed on-site improvements, and the proposed location of and public accessibility to the art-
work.
Ordinance No. 515
Page 208
3. The commission shall provide a recommendation to the city council regarding the site location and conceptual
design of the proposed artwork.
4. At the next regularly scheduled city council meeting, following the action by the commission, the parks, recrea-
tion, and community services director shall present the commission's recommendation for council consideration. Ac-
tion by the city council is final.
17.50.130 Maintenance and ownership of artwork.
A. All artwork placed on the site of the applicant's project shall remain the property of the applicant; the obligation
to provide all maintenance necessary to preserve the artwork in good condition shall remain with the owner of the site.
B. "Maintenance of artwork," as used in this chapter, shall include, without limitation, preservation of the artwork
in good working condition to the satisfaction of the city; protection of the artwork against physical defacement, mutila-
tion or alteration; and securing and maintaining fire and extended coverage insurance and vandalism coverage in an
amount to be determined by the city. Prior to the placement of an approved artwork, the applicant and owner of the site
shall execute and record a covenant in a form approved by the city for maintenance of the artwork. Failure to maintain
the artwork as provided herein is hereby declared to be a public nuisance.
C. In addition to all other remedies provided by law, in the event the owner fails to maintain the artwork, upon
reasonable notice, the city may perform all necessary repairs and maintenance, or secure insurance, and the costs there-
for shall become a lien against the real property.
Sections:
17.52.010
17.52.020
17.52.030
17.52.040
17.52.050
17.52.060
17.52.065
17.52.070
17.52.080
17.52.090
17.52.100
17.52.110
Purpose.
Chapter 17.52
NONCONFORMITIES AND
SUBSTANDARD LOTS
Nonconforming structures.
Continuation of existing nonconformance mobilehomes.
Nonconforming uses due only to changes in parking requirements.
The keeping of animals.
Other nonconforming uses (no longer permitted).
Garage conversions-Grandfathered.
Destruction.
Additional use.
Use of nonconforming lots.
Involuntary nonconformance.
Effect of change of zoning regulations.
17.52.010 Purpose.
The purpose of this chapter is to provide for the continuation, alteration, conversion or termination of certain classes
of lawful, nonconforming uses and structures (other than signs and billboards) under certain conditions, and to regulate
substandard lots. These provisions apply to uses and structures which deviate from the regulations of th is title.
17.52.020 Nonconforming structures.
Where structures have been rendered nonconforming due only to revisions in development standards dealing with
lot coverage, lot area per structure, height or setbacks, and the use therein is permitted or conditionally permitted in the
zone, such structures are not required to be terminated under this chapter and may be continued and expanded or ex-
tended on the same lot provided that the structural or other alterations for the expansion or extension of the structure are
either required by law, or are in conformance with the regulations in effect for the zone in which such structures are
located.
Ordinance No. 515
Page 209
A. Nonconforming Facilities for Nonmotorized Wheeled Conveyances. Notwithstanding any other provision of
this chapter, any facility or structure for nonmotorized wheeled conveyances that has been rendered nonconforming by
the enactment of Section 17.28.240 and the subsections thereof shall, on or before September I, 1989, either be brought
into conformance or be removed.
17.52.030 Continuation of existing nonconforming mobilehomes.
A. The use of a nonconforming mobilehome as a residence under a continuation permit in lieu of any and all other
residences permitted or conditionally permitted for any purpose may continue to be used as a residence by a new owner
if a director of community development conditional use permit is obtained and the following conditions are met:
I. The mobilehome is in compliance with Section I 7.28.020(C)(3) and the parking requirements of Section
17.32.010; and
2. The mobilehome was being used legally as a residence on the subject site on or before July 24, 1978, and the
mobilehome has been so used and has remained continuously in place since the actual commencement of such use.
B. Mobilehomes used as residences under a director of community development conditional use permit between
July 24, 1978 and July 2, 1981, may continue to be used as such if no other residence was located on the subject site at
any time between July 24, 1978 and the time of issuance of the director of community development conditional use
permit, provided that either (I) a modification to renew the director of community development conditional use permit
is obtained; or (2) the status of the mobilehome as a single-family dwelling meets the provisions of Section
l 7.28.020(C)(3) and parking requirements of Section 17.32.0 I 0.
17.52.040 Nonconforming uses due only to changes in parking requirements.
Where uses have been rendered nonconforming due only to revisions in parking requirements, such uses may be
continued, expanded or be terminated as follows:
A. Expansion and Conformance. Expansion of the particular use shall be permitted if the current parking require-
ments for the use can be met, and the addition or enlargements otherwise conform to the regulations in effect for the
zone in which it is located.
I. Exception. A single-family dwelling may be expanded when the proposed expansion does not meet current
parking requirements, if all of the following conditions exist:
a. The dwelling has at least one (I) covered parking space;
b. The existing lot configuration does not allow for a second covered space, or does not allow for access to a sec-
ond covered space;
c. The driveway provides a minimum of twenty (20) feet from the property line to the existing covered space,
which can be utilized as a parking space;
d. The proposed addition otherwise conforms to the provisions of this title.
B. Changes of Use. Changes of use to a similar use, with the same or less parking requirements and type of permit
allowed in the same zone, shall be allowed provided that current requirements for parking can be met. Where parking
cannot meet the current requirement for the new use, the required permit under this title must be obtained. In such cas-
es, the parking requirements shall be determined to the satisfaction of the planning division and be specified by the
permit. The parking specified under the permit shall not be considered conforming.
C. Discontinuance and Change of Use Status. The discontinuance for a period of one hundred eighty ( 180) or more
days of a nonconforming use, or a change of nonconforming use to a conforming use, constitutes abandonment and
termination of the nonconforming status of the use.
17.52.050 The keeping of animals.
Nonconformities due to the keeping of animals as a use, number of animals, type of animals, minimum lot area re-
quired for animals, or other standards for the keeping of animals as an accessory use to dwellings, shall be brought into
conformance not later than three (3) years after the same becomes nonconforming, unless a continuance is granted in
accordance with Section 17 .52.060(8)(5).
Ordinance No. 515
Page 210
17.52.060 Other nonconforming uses (no longer permitted).
All nonconforming uses which are no longer permitted in the zone in which they are located shall be regulated ac-
cording to the following provisions:
A. Uses Not Involving Permanent Structures. The nonconforming use of land where no permanent structure is in-
volved shall be terminated not later than three (3) years after such use becomes nonconforming.
B. Uses Within Structures Subject to Amortization. All nonconforming commercial or industrial uses in residential
(R), open space or agricultural zones, within conforming or nonconforming structures, shall be amortized from the ef-
fective date of this title or a later amendment which renders the use nonconforming, based on the square footage of the
structure at the time the use is rendered nonconforming, as follows: Ten ( I 0) years for one thousand (I ,000) square
feet, plus 1.25 years for each additional one hundred ( 100) square feet over one thousand (1,000) square feet; maximum
sixty (60) years. At the end of the amortization period, the use shall be brought into conformance with this title or ter-
minated, unless a continuance is obtained pursuant to Section 17.52.060(8)(5).
1. Expansion and Change of Use Prohibited. Nonconforming uses under the above paragraph shall not be changed
to another use or be expanded or extended in any way on the same or any adjoining land nor into any other portion of a
structure or lot during the amortization period, except that structural alterations may be made therein as required by
law. Furthermore, such nonconforming uses shall not be expanded or extended beyond the scope of specific conditions
to a continuance of nonconformity granted pursuant to Section 17.52.060(8)(5), and subsequent to the period of amor-
tization.
2. Discontinuance or Change of Use Status. The discontinuance for a period of one hundred eighty ( 180) or more
days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and ter-
mination of the nonconforming status of the use.
3. Notice of Amortization. The director of community development shall give notice by certified mail of the date
upon which an amortization period will end to each owner of record whose property, or use of property, is not in con-
formance with the regulations of this title, in those instances where the director of community development has
knowledge of such nonconformity. Such notice shall be sent in a timely manner. If the amortization period ends before
or less than six (6) months after such knowledge of the nonconformity, notice shall be given that the amortization peri-
od in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all
pertinent provisions of this chapter, including the declared purposes thereof. Failure to send notice by mail to any such
owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this
chapter.
4. Notice of Termination and Order to Comply. Notice of termination ofa nonconforming use and order to comply
shall be served by the director of community development at the end of the amortization period upon the owner of rec-
ord whose property contains such nonconforming use. In those instances where the director of community development
is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within
thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the
nonconforming use.
5. Request for a Continuance of Nonconformities Beyond Period of Amortization. A request for a continuance of
nonconformities beyond the period of amortization may be granted as follows:
a. Grounds for Continuance. A nonconforming use or structure may be maintained for a reasonable time beyond
its period of amortization as specified in this chapter if the director of community development makes the following
determinations:
i. Special Circumstances. That special circumstances apply to any such use or structure which do not apply gener-
ally to others affected hereby; and
ii. Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the
public interest and will be reasonably compatible with and not detrimental to the use of adjacent properties.
b. Application Process for Continuance. Any application for a continuance of a nonconforming use or structure
must be filed with the planning division no later than thirty (30) days following the service of a notice of termination
and order to comply, or within thirty (30) days following the continued termination date. An application for a continu-
ance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a
lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with Section 17.44.040(1).
Ordinance No. 515
Page 211
c. Determination by Director of Community Development. Upon filing of a complete application, the director of
community development shall investigate the matter, give proper notice, hold an administrative hearing and make a
decision thereon based on the criteria set out in this section and supported by written findings of fact within seventy-
five (75) days from the date the application is filed, or within such extended period of time as may be mutually agreed
upon by the applicant and the director of community development. The director of community development may im-
pose such conditions, including time limitations, as he or she deems necessary for the compatibility of such noncon-
formity with adjacent properties.
d. Appeals shall be filed in accordance with Section 17.44.090(A).
C. Uses Not Amortized. Upon the effective date of the ordinance codified in this title or a later amendment thereto,
any nonconforming use within a structure not otherwise identified in subsection B of this section, such as schools,
boardinghouses, residential uses in commercial and industrial zones, uses in excess of the number permitted per lot,
commercial uses in commercial zones, and industrial uses in industrial zones may continue, provided that:
I. Expansion. No additions or enlargements shall be made to such nonconforming use or the structure in which it
is located, except for alterations which may be required by law, expansions within the existing structure if no structural
alterations are made, or additions to existing principal dwellings and churches in residential zones, which otherwise
conform to the specific development standards of the zone in which the use is located. In the case of principal dwell-
ings in excess of the number permitted per lot, only one (I) such dwelling may be expanded. The height and setback
standards of the R-1 zone shall apply to a nonconforming residential use in a commercial or industrial zone.
2. Change of Use. The nonconforming use may be changed to a use that is similar with approval of a city council
approved conditional permit pursuant to the requirements of Chapter 17.44, Application Review Procedures, provided
the changed use is considered to have no greater impact than the previously existing use, is similar to the nonconform-
ing use and is not considered as an expansion of the existing use. Conditions may be imposed, including, but not lim-
ited to, time limitations, as deemed necessary for the compatibility of such nonconforming use with adjacent properties.
3. Discontinuance and Change of Use Status. The discontinuance for a period of one hundred eighty (I 80) or more
days of the nonconforming use, or a change of the nonconforming use to a conforming use, a dissimilar use or a condi-
tionally permitted use, constitutes abandonment and termination of the nonconforming status of the use.
17.52.065 Garage conversions-Grandfathered.
Garages, which were converted, without a permit, to a use other than a garage use prior to the city's incorporation,
shall be considered to be legally conforming uses if the property owner is able to meet the following provisions:
A. The property owner shall prove to the satisfaction of the director of community development that the conversion
was done prior to city incorporation (July 1, 1983 ).
B. The property owner shall apply for and obtain an administrative permit and building permit for the purpose of
assuring that the conversion meets all applicable building codes. The administrative permit and building permit shall be
obtained within four (4) weeks of notification from the city of the property owner's compliance with subsection A of
this section. The director of community development may extend the time period to obtain a building permit upon the
determination that a circumstance justifying the need for such extension exists.
17.52.070 Destruction.
The following provisions shall regulate the destruction of structures in the given situations:
A. Uses Not Amortized. The following provisions shall apply to nonamortized, nonconforming structures and
structures containing nonconforming uses not subject to amortization:
I. Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of fifty percent (50%)
or less of its floor or roof area which existed before destruction, or is involuntarily damaged or destroyed in whole or in
part, the structure may be restored to its original state existing before such removal, damage or destruction. The occu-
pancy or use of the structure or part thereof which existed at the time of the damage or destruction may be continued if
the restoration is started within a period of twelve ( 12) months after the occurrence of the damage or destruction and is
diligently pursued to completion.
2. Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of more than fifty per-
cent (50%) of its floor or roof area which existed before destruction, no structural alterations, repairs or reconstruction
Ordinance No. 515
Page 212
shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone
classification in which they are located.
B. Uses Amortized. The following provisions shall apply to amortized nonconforming structures and structures
containing nonconforming uses subject to amortization:
I. Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of
fifty percent (50%) or less of its floor or roof area before destruction, the structure may be restored to its original state
existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which exist-
ed at the time of the partial destruction may be continued if the restoration is started within a period of twelve ( 12)
months after the occurrence of the partial destruction and is diligently pursued to completion.
2. Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of
more than fifty percent (50%) of its floor or roof area before such removal, damage or destruction, no structural altera-
tions, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to
the regulations of the zone classification in which they are located.
17.52.080 Additional use.
While a nonconforming use of any kind except the keeping of animals exists on any lot, no additional principal or
accessory use is permitted even if such additional use would be a conforming use.
17.52.090 Use of nonconforming lots.
The use of land as permitted for the zone or subzone in which it is located shall be permitted on a lot of less area
than that required by the regulations of such zone or subzone if and only if the lot is a legal lot.
17.52.100 lnvoluntary nonconformance.
Notwithstanding any other provision of this title, no lot shall be considered nonconforming within the purview of
this chapter if such lot is rendered nonconforming as a result of a conveyance of any interest in such lot to a public enti-
ty through eminent domain proceedings, under threat of eminent domain proceedings or to meet a requirement of any
public entity having jurisdiction.
17.52.110 Effect of change of zoning regulations.
A. On Authorized Uses Under Discretionary Permits. Any construction, expansion or alteration of a use of land or
structures and any required zoning clearance therefor, which are authorized by a discretionary entitlement approved on
or before the effective date of an ordinance amendment, may be completed as authorized in the entitlement and in ac-
cordance with Section 17.44.060(0).
B. On Uses Requiring a Ministerial Decision. All uses involving construction, expansion or alteration of a use of
land or structures which requires a ministerial decision only, shall be required to comply with the new regulations on
the effective date of the ordinance amendment. If the required zoning clearance has been issued and the change of regu-
lation is such that the zoning clearance no longer conforms to the provisions of this title, a new zoning clearance which
conforms to the newly adopted regulations must be obtained before a building permit or other necessary entitlement is
issued by any agency.
C. Where the Only Change is in the Type of Permit Required. Whenever adoption of this title or an amendment
thereto results only in a requirement for a different permit for the same existing use, the property being used shall be
governed by the following provisions:
I. If the use affected is existing lawfully as a permitted use of any kind, the existing use is deemed to be conform-
ing without any further action. Any modifications or expansions of the use, change of use, or additional use shall con-
form to this title, including requirements for type of permit. Internal remodeling or minor architectural changes or em-
bellishments involving no change in basic architectural style shall not result in a requirement for a new permit.
2. If the use affected is under a permit that specifies an expiration date or clause and the new regulation requires a
different permit, the use may continue until the specified point of expiration, at which time the permit expires and the
use shall terminate, unless the applicant has applied for the required permit or renewal under this title.
Ordinance No. 515
Page 213
Sections:
17.53.010
17.53.020
17.53.030
17.53.040
17.53.050
17.53.060
17.53.070
17.53.080
17.53.090
17.53.100
17.53.110
Purpose and intent.
Definitions.
Chapter 17.53
NOISE
Duties of director of community development as noise control officer.
Discretionary actions.
Disturbing noises prohibited.
Noise measurement procedure.
Prohibited acts.
Exterior noise limits-Sound levels by receiving land use districts.
Interior noise limits.
Exemptions.
Enforcement.
17.53.010 Purpose and intent.
The purpose and intent of this chapter are to establish criteria and procedures to implement the noise element and to
maintain quiet in those areas which exhibit low noise levels and to help control noise in those areas within the city
where noise levels are above acceptable values.
17.53.020 Definitions.
All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the
American National Standards Institute (ANS{) or its successor body.
"A-Weighted sound level" means the sound level in decibels as measured on a sound level meter using the A-
weighting network. The level read is designated dB(A) or dB.
"Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise
level constitutes the normal or existing level of environmental noise at a given location.
"Construction" means any site preparation, assembly, erection, substantial. repair, alteration, or similar action, for or
of public or private rights-of-way, structures, utilities or similar property.
"Cumulative period" means a period of time composed of individual time segments which may be continuous or
interrupted.
"Decibel" means a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base
10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.
"Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private
right-of-way surfaces, or similar property.
"Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or
property damage threatened or caused by an emergency.
"Fixed noise source" means a stationary device which creates sounds while fixed or motionless, including but not
limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air
conditioners, and refrigeration equipment.
"Impulsive sound" means a sound of short duration, usually less than one (I) second, with an abrupt onset and rapid
decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.
"Intrusive noise" means that noise which intrudes over and above the existing ambient noise at a given location. The
relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence and tonal or
informational content as well as the prevailing ambient noise level.
"Permit" means the possession of a permit issued by the city; or, where no permits are issued, the sanctioning of the
activity by the jurisdiction as noted in a public record.
"Mobile noise source" means any noise source other than a fixed noise source.
Ordinance No. 515
Page 214
"Motor vehicle" means a motor vehicle which shall include any and all self-propelled vehicles as defined in the Cal-
ifornia Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said code, and
all off-highway type motor vehicles subject to identification under said code.
"Muffler or sound dissipative device" means a device consisting of a series of chambers or baffle plates, or other
mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reduc-
ing noise.
"Noise control office (r) (NCO)" refers to the director of community development or his/her designee.
"Noise disturbance" means any sound which, as judged by the director of community development, (I) endangers or
injures the safety or health of human beings or animals, or (2) annoys or disturbs reasonable persons of normal sensitiv-
ities, or (3) endangers or injures personal or real property, or (4) violates the factors set forth in this ordinance. Compli-
ance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance.
"Noise sensitive land use" means any land use (i.e., residential development) or designated geographic area (i.e.,
hospital complex) where "intrusive noise" is incompatible with the conduct of the noise sensitive uses or constitutes a
"noise disturbance" for residents or workers.
"Powered model vehicle" means any self-propelled waterborne, airborne, or landborne, plane, vessel, or vehicle,
which is not designed to carry persons, including but not limited to, any model airplane, boat, car, or rocket.
"Property line" means boundary line between two (2) or more adjacent legal lots as defined in the city municipal
code.
"Public right-of-way" means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is
owned or controlled by a governmental entity.
"Public space" means any real property or structures thereon which are owned or controlled by a governmental enti-
ty.
"Pure tone" means any sound which can be judged as audible as a single pitch or a set of single pitches by the direc-
tor of community development. For the purposes of this chapter, a pure tone shall exist if the one-third ( 1/3) octave
band sound pressure level in the band width where the tone exceeds the arithmetic average of the sound pressure levels
of the two (2) contiguous one-third ( 1/3) octave bands by five (5) dB(A) for center frequencies of five hundred (500)
Hz and above and by eight (8) dB(A) for center frequencies between one hundred sixty (160) and four hundred (400)
Hz and by fifteen (15) dB(A) for center frequencies less than or equal to one hundred twenty-five (125) Hz.
"Sound amplifying equipment" means any device for the amplification of the human voice, music, or any other
sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the
radio is installed, and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other
warning devices on any vehicle used only for traffic safety purposes.
"Sound level meter" means an instrument, including but not limited to, a microphone, an amplifier, an output meter,
and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements per-
tinent for type S2A meters in American National Standards Institute specifications for sound level meters, or the most
recent revision thereof.
"Sound truck" means any motor vehicle, or any other vehicle, regardless of motor power, whether in motion or sta-
tionery, having mounted thereon, or attached thereto, any sound amplifying equipment.
"Weekday" means any day, Monday through Friday, which is not a legal holiday observed by the city.
17.53.030 Duties of director of community development as noise control officer.
A. Lead Official. The noise control program established by this chapter shall be administered by the director of
community development or his/her designee.
B. Powers. In order to implement and enforce this chapter and for the purpose of noise abatement and control, the
director of community development shall have, in addition to any other authority, the power to:
1. Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint coopera-
tive investigation with public or private agencies.
2. Conduct programs of public education regarding:
a. The cause and effects of noise and methods of abatement and control of noise; and
b. The actions prohibited by this chapter and the procedures for reporting violations; and
Ordinance No. 515
Page 215
c. Encourage the participation of public interest groups in related public information efforts.
3. Develop measurement standards and procedures which will further the purposes of this chapter.
4. Develop administrative procedures which will provide for effective enforcement of this chapter.
5. Investigate and pursue possible violations based upon the provisions in this chapter.
6. Delegate functions, where appropriate under this chapter, to personnel under the director of community devel-
opment and to other departments as may be determined by the city manager, subject to the approval of the city council.
17.53.040 Discretionary actions.
Prior to the approval of any discretionary permit which may authorize development of a noise sensitive land use or a
land use that may generate noise beyond the maximum acceptable levels contained herein, the planning commission or
the city council as the decision-making body shall:
A. Review the noise impact of the discretionary permit by identifying existing and projected noise generators and
the associated sound levels.
B. Require the use of adequate control measures on noise generators identified through the discretionary permit
process which will be in violation of any provision of this chapter.
17 .53.050 Disturbing noises prohibited.
A. Not withstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to
willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise
which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasona-
ble person of normal sensitivity residing in the area.
B. The standards which shall be considered in determining whether a violation of the provisions of this section
exists shall include, but not be limited to, the following: I. The sound level of the objectionable noise;
2. The sound level of the ambient noise;
3. The proximity of the noise to residential sleeping facilities;
4. The nature and zoning of the area within which the noise emanates;
5. The number of persons affected by the noise source;
6. The time of day or night the noise occurs;
7. The duration of the noise and its tonal informational or musical content;
8. Whether the noise is continuous, recurrent, or intermittent;
9. Whether the noise is produced by a commercial or noncommercial activity.
17.53.060 Noise measurement procedure.
Upon receipt of a complaint from a citizen, the director of community development or his/her designee, equipped
with sound level measurement equipment, shall investigate the complaint. The investigation shall consist of a meas-
urement and the gathering of data to adequately define the noise problem and shall include the following:
A. Type of noise source;
B. Location of noise source relative to complainants' property;
C. Time period during which noise source is considered by complainant to be intrusive;
D. Total duration of noise produced by noise source;
E. Date and time of noise measurement survey;
F. Utilizing the "A" weighted scale of the sound level meter and the "slow" meter response (use "fast" response
for "impulsive sounds"), the noise level shall be measured at a location or locations at any point on the receiver's prop-
erty. The microphone shall be located four (4) to five (5) feet above the ground and ten (10) feet or more from the near-
est reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter
criteria shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be
made within the affected residential unit. The measurements shall be made at a point at least four (4) feet from the wall,
ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the meas-
urement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.
Ordinance No. 515
Page 216
17.53.070 Prohibited acts.
General. No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance.
Notwithstanding any other provision of this chapter, and in addition thereto, the following acts, and the causing or per-
mitting thereof, are declared to be in violation of this chapter:
A. Operating, playing or permitting the operation or playing of any radio, television set, stereo or digital equip-
ment, drum, musical instrument, or similar device which produces or reproduces sound:
I. Between the hours often (10:00) p.m. and seven (7:00) a.m. any day of the week in such a manner as to create a
noise disturbance across a residential or commercial property line or at any time to violate the provisions of Section
17.53.050, except for activities for which a temporary use permit or conditional use permit has been issued by the city.
2. In such a manner as to exceed the levels set forth for public space in Table 4, measured at a distance of at least
fifty (50) feet (fifteen (15) meters) from such device operating on a public right-of-way or public space.
B. Operating for any purpose or permitting the operation of any loudspeaker, loudspeaker system, or similar device
between the hours of ten (I 0:00) p.m. and seven (7:00) a.m. any day of the week, such that the sound there creates a
noise disturbance across a residential property line, or at any time violates the provisions of Section 17 .53.050, except
for any activity for which a temporary use permit or conditional use permit has been issued by the city.
C. Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial
area of the city, except by temporary use permit or conditional use permit issued by the city.
D. Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks, me-
ows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial property line.
E. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage
cans, or similar objects between the hours often (10:00) p.m. and seven (7:00) a.m. any day of the week in such a man-
ner as to cause a noise disturbance across a residential property line or at any time to violate the provisions of Section
17.53.050.
F. Operating or permitting the operation of any tools or equipment used in construction, drilling, repair, alteration,
or demolition work so as to violate the provisions of Table I or Table 2 or Table 2A between weekday (Saturdays and
legal holidays observed by the city included) hours of seven (7:00) p.m. and seven (7:00) a.m., or at any time on Sun-
days, such that the sound there from creates a noise disturbance across a residential or commercial property line, except
for emergency work of public service utilities, government agencies, or by temporary use permit issued by the city.
(This section shall not apply to the use of domestic power tools or machinery).
G. Operating or permitting the operation of any mobile or stationary internal combustion engine powered equip-
ment or machinery that is not equipped with suitable exhaust and air intake silencers in proper working order.
H. Operating or permitting the operation of powered model vehicles:
I. Between the hours of seven (7:00) p.m. and seven (7:00) a.m. so as to create a noise disturbance across a resi-
dential or commercial property line or at any time to violate the provisions of this chapter.
2. In such a manner as to exceed the levels set forth for public space land use in Table 4, measured at a distance
not less than one hundred (100) feet (thirty (30) meters) from any point on the path of a vehicle operating on public
space or public right-of-way.
I. Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, si-
ren, whistle, or similar device, intended primarily for non-emergency purposes, from any place, for more than ten ( I 0)
seconds in any hourly period; provided however:
I. Houses of religious worship that utilize an electronically amplified or nonamplified signal from a bell, chime,
carillon or similar device that may signal the commencement or completion of worship services shall be exempt from
this provision.
2. Sound sources covered by this provision and not exempted under any other subsection may be exempted by a
temporary use permit or conditional use permit issued by the city.
J. The intentional sounding or permitting the sounding outdoors of any fire or burglar alarm, siren, whistle, or
similar stationary emergency signaling device, except for emergency purposes or for testing between the hours of seven
(7:00) p.m. and seven (7:00) a.m. Any such testing shall use only the minimum cycle test time. In no case shall such
test time exceed sixty ( 60) seconds.
Ordinance No. 515
Page 217
K. Sounding or pennitting the sounding of any exterior burglar or fire alann or any motor vehicle burglar alann,
unless such alann is tenninated within fifteen ( 15) minutes of activation.
L. Operating or pennitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden
tool, or similar tool between ten ( I 0:00) p.m. and seven (7) a.m., so as to create a noise disturbance across a residential
or commercial property line.
M. Operating or pennitting the operation of any motor, machinery, or pump, such as swimming pool equipment,
that is not sufficiently enclosed or muffled and maintained so as not to create a noise disturbance or so as at any time to
violate the provisions of Table 2.
N. Operating or pennitting the operation of any air-conditioning or air-handling equipment in such a manner as to
exceed any of the sound levels listed in Table 3.
0. Operating or pennitting the operation or playing of any loudspeaker, musical instrument, motorized racing ve-
hicle, or other source of sound in any place of public entertainment that exceeds ninety-five (95) dB(A) as read on the
slow response of a sound level meter at any point nonnally occupied by a customer, without a conspicuous and legible
sign stating:
"Warning: Sound Levels Within May Cause Hearing Impainnent."
Table I
Residential Properties-Mobile Equipment.
Maximum noise levels for nonscheduled, intennittent, short-term operation (less than IO days) of mobile
equipment:
Type I Areas: Type II Areas:
Single-Family Residential Multifamily Residential
Daily, except Sundays and legal 75 dB(A) 80 dB(A)
holidays 7:00 a.m. to 7:00 p.m.
Daily, 7:00 p.m. to 7:00 a.m. and all-60 dB(A) 65 dB(A)
day Sunday and legal holidays
Table 2
Residential Properties-Stationary Equipment.
Maximum noise levels for repetitively scheduled and relatively long-term operation (periods of IO days or
more) of stationary equipment:
Type I Areas: Single-Family Type II Areas: Multifamily
Residential Residential
Daily, except Sundays and legal 75 dB(A) 80 dB(A)
holidays 7:00 a.m. to 7:00 p.m.
Table 2A
Business Properties:
Mobile Equipment Maximum noise levels for nonscheduled, short-term operation of mobile
equipment:
Daily, including Sundays and legal holidays observed by the city all hours:
maximum of75 dB(A).
Ordinance No. 515
Page 218
Business Properties:
Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long-term
operation of stationary equipment: Daily, all hours: maximum of 65 dB(A).
Table 3
Residential Air Conditioning or Air Handling Equipment
Air conditioning or air handling equipment operating within, and residential area may not exceed the fol-
owmg soun d 1 1 eves:
Units Installed on or after 1-1-80
Measurement Location: Units Installed Before 1-1-80 dB(A) dB(A)
Any point on neighboring property 60 55
line, 5 feet above grade level, no
closer than 3 feet from any wall.
Center of neighboring patio, 5 feet 55 50
above grade level, no closer than 3
feet from any wall.
Outside the neighboring living area 55 50
window nearest the equipment
location, not more than 3 feet from
the window opening, but at least 3
feet from any other surface.
17 .53.080 Exterior noise limits-Sound levels by receiving land use districts.
A. The noise limits for the various categories of land use identified in Table 4 shall, unless otherwise specifically
indicated, apply to all such property within a designated zone.
B. No person shall operate or cause to be operated, any source of sound at any location within the city or allow the
creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the
noise level when measured on any other property, either incorporated or unincorporated, to exceed:
I. The noise standard for that land use as specified in Table 4 for a cumulative period of more than thirty (30)
minutes in any hour; or
2. The noise standard for that land use as specified in Table 4 plus five (5) dB for a cumulative period of more
than fifteen ( 15) minutes in any hour; or
3. The noise standard for that land use as specified in Table 4 plus ten ( 10) dB for a cumulative period of more
than five (5) minutes in any hour; or
4. The noise standard for that land use as specified in Table 4 plus fifteen ( 15) dB for a cumulative period of more
than one (I) minute in any hour; or
5. The noise standard for that land use as specified in Table 4 plus twenty (20) dB or the maximum measured am-
bient level, for any period of time.
6. If the measured ambient level differs from that permissible within any of the first four (4) noise limit categories
above, the noise limit for that land use, as specified in Table 4, shall be adjusted in five (5) dB increments in each cate-
gory as appropriate to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth (5th) noise
limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambi-
ent noise level.
C. If the measurement location is on a boundary between two (2) different zones, the noise level limit applicable to
the lower noise zone plus five (5) dB(A) shall apply.
D. If possible, the ambient noise shall be measured at the same location along the property line with the alleged
offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambi-
ent noise must be estimated by performing a measurement in the same area of the source but at a sufficient distance
such that the noise from the source is at least ten ( 10) dB(A) below the ambient in order that only the ambient noise
Ordinance No. 515
Page 219
level be measured. If the difference between the ambient noise level and the noise source is five (5) to ten ( I 0) dB(A),
then the level of the ambient noise itself can be reasonably determined by subtracting a one (I) decibel correction to
account for the contribution of the source.
E. In the event the alleged offensive noise, as judged by the director of community development contains a steady,
audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music
or speech conveying informational content, the standard limits set forth in Table 4 shall be reduced by five (5) dB(A).
Type of
Land Use
Single-family and multifamily
residential/rural and agricultural zones
Commercial office/ neighborhood
General commercial/ planned
development
Industrial park
Limited industrial
Public space
17.53.090 Interior noise limits.
Time
Table 4
Exterior Noise Limits
Interval
10:00 p.m.-7:00 a.m.
7:00 A.M.-10:00 p.m.
I 0:00 p.m.-7:00 a.m.
7:00 a.m.-10:00 p.m.
10:00 p.m.-7:00 a.m.
7:00 a.m.-10:00 p.m.
Anytime
Anytime
All day
Allowable Exterior
55
60
55
60
60
65
65
70
70
A. The interior noise standards as presented in Table 5 shall apply, unless otherwise specifically indicated, within
all dwellings units with windows in their normal seasonal configuration.
B. No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the crea-
tion of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed:
I. The noise standard as specified in Table 5 for accumulative period of more than five minutes in any hour; or
2. The noise standard as specified in Table 5 plus five (5) dB(A) for a cumulative period of more than one (I) mi-
nute in any hour; or the noise standard plus ten ( I 0) dB(A) or the maximum measured ambient, for any period of time.
3. The noise standard as specified in Table 5 plus ten (10) dB or the maximum measured ambient, for any period
of time.
C. If the measured ambient level differs from that permissible within any of the noise limit categories above, the
noise limits as specified in Table 5 shall be decreased in five (5) dB(A) increments in each category to reflect said am-
bient noise level.
D. In the event the alleged offensive noise, as judged by the director of community development, contains a steady,
audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music
or speech conveying informational content, the standard limits set forth in Table 5 shall be reduced by five (5) dB.
Ordinance No. 515
Page 220
Type of Land Use
Single-family and multifamily
residential
17 .53. 100 Exemptions.
Table 5
Interior Noise Limits
Time Interval
7:00 a.m.-10:00 p.m.
The provisions of this chapter shall not apply to:
Allowable Interior Noise Level dB(A)
45/55 (windows open)
A. The emission of sound for the purpose of alerting persons to the existence of an emergency.
B. The emission of sound in the performance of emergency work.
C. Warning devices: Warning devices necessary for the protection of public safety, as for example, police, fire and
ambulance sirens, and train horns.
D. Occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided said
events are conducted pursuant to a permit issued by the city relative to the staging of said events.
E. Construction/Demolition: Repair, remodeling or grading of real property, provided the activities occur between
the hours of seven (7:00) a.m. to seven (7:00) p.m. weekdays including Saturday.
F. Stationary nonemergency signaling devices;
G. Domestic power tools, machinery.
17.53.110 Enforcement.
The community development director shall have primary responsibility for the enforcement of the noise regulations
contained herein. Nothing in this chapter shall prevent the community development director from obtaining voluntary
compliance by way of warning, notice or education.
Sections:
17.56.010
17.56.020
17.56.030
17.56.040
17.56.050
Purpose.
Chapter 17.56
ENFORCEMENT AND PENAL TIES
Pending violations.
Penalties.
Enforcement.
Administrative process.
17 .56.010 Purpose.
This chapter establishes procedures for enforcement of the provisions of this title. The enforcement procedures set
forth are intended to assure due process of law in the abatement or correction of nuisances and violations of this title.
17 .56.020 Pending violations.
No prosecution or action resulting from a violation of zoning regulations heretofore in effect shall be abated or
abandoned by reason of the enactment of any ordinance amendment but shall be prosecuted to finality under the former
provisions the same as if the amendment had not been adopted and, to this end, the former provisions shall remain in
effect and be applicable until said prosecution or action has been terminated. Any violation of provisions, which oc-
curred prior to the effective date of the amendment, for which prosecution or legal action has not been instituted prior
to the effective day of the amendment, may be hereafter subject to prosecution or action as if the amendment had not
been adopted and, to this end, the former provisions shall remain in effect and be applicable until said prosecution or
action has been terminated.
Ordinance No. 515
Page 221
17.56.030 Penalties.
Any person who violates any provision or fails to comply with any of the requirements of this title or of any term or
condition of, or applicable to any permit, variance or amendment thereto is guilty of a misdemeanor/infraction as speci-
fied in this code and, upon conviction thereof shall be punishable in accordance with this code. Each such person shall
be guilty ofa separate offense for each and every day during any portion of which any violation of any provision of this
title is committed, continued or permitted by such person, and shall be punishable therefor as provided in Chapter 1.12.
A. Public Nuisance. Except as otherwise provided in subsection (A)( 1) of this section, in addition to the penalties
hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this title shall
be deemed a public nuisance and may be summarily abated as such, and each day that such condition continues shall be
regarded as a new and separate public nuisance.
I. Exception-Agricultural Operations Protection. No agricultural activities, operations or facilities in the 0-S and
A-E zones which are consistent with this title and the general plan and with proper and accepted customs and standards
as established and followed by similar agricultural operations in the same locality, _shall be or become a nuisance, pri-
vate or public, due to any changed condition in or about the locality, after the agricultural uses have been in operation
for more than one ( 1) year if they were not a nuisance at the time they began.
a. Exception. This section shall not apply if the agricultural uses, activities, operations or facilities obstruct the
free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public
park, square, street or highway.
b. Definition. For purposes of this section, the term "agricultural activity, operation or facility" shall include, but
not be limited to, the cultivation and tillage of the soils, dairying, the production, cultivation, growing and harvesting of
any agricultural commodity including timber, viticulture, apiculture or horticulture, the raising of livestock, fish or
poultry, silviculture and any practices performed by a farmer or on a farm as incident to or in conjunction with such
farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation
to market.
17.56.040 Enforcement.
The director of community development or designee is designated as the enforcing agent of this title. Pursuant to the
authority vested in the city council of the city by California Penal Code Section 836.5, the director of community de-
velopment or designee shall have the power of arrest without warrant whenever he or she has reasonable cause to be-
lieve that the person to be arrested has committed in their presence a misdemeanor, misdemeanor/infraction or infrac-
tion, consisting of a violation of the provisions of this code or any other ordinance or statute which the planning direc-
tor has a duty to enforce.
A. Procedure. In any case in which a person is arrested pursuant to this section and the person arrested does not
demand to be taken before a magistrate, the arresting officer shall prepare a written notice to appear and release the
person on his promise to appear as prescribed by Chapter 5C (commencing with Section 853.6) of the California Penal
Code. The provisions of that chapter shall thereafter apply with reference to any proceedings based upon the issuance
of a written notice to appear pursuant to this section.
B. Rights of Entry Upon Land.
I. In the performance of their functions, designated personnel may, with either the consent of the occupant or oth-
er authorized person, or with a valid inspection warrant, enter upon property and make examinations and surveys in a
manner consistent with the consent or the inspection warrant.
2. In cases where no inspection warrant is obtained, designated personnel in the performance of their functions
may enter upon property open to the general public and may enter upon property by way of a route normally accessible
to visitors or tradespeople, or other persons having legitimate business with the occupants, in order to seek consent to
inspect the property.
C. Enforcement of Performance Standards. Following the initiation of an investigation, the director of community
development may require the owner or operator of any use which may be in violation of performance standards to
submit, in a reasonable amount of time, such data and evidence as is needed by the director of community development
to make an objective determination. Failure to submit data required shall constitute grounds for revoking any previous-
ly issued approvals or permits and ceasing of operations until the violation is remedied.
Ordinance No. 515
Page 222
D. Monitoring and Enforcement Costs. The city may impose fees on permittees to cover the full costs incurred by
the city or its contractors for the monitoring of permits issued pursuant to this title and for the enforcement of the re-
quirements of this title and those of any permit issued pursuant to this title. Enforcement activities shall be in response
to confirmed violations and may include such measures as inspections, public reports, penalty hearings, forfeiture of
securities and suspension of permits. The applicant/permittee shall be billed for said fees pursuant to Sections
17.44.040(1)( 4) and (1)(5).
E. Notice of Noncompliance. Whenever the director of community development determines, pursuant to the provi-
sions of subsection C of this section and Section 17 .56.050, that violations of this code exist or that permit conditions
are not being complied with, the director of community development may notify the permittee and/or owner of the
property on which such violations are alleged to exist of the director's intent to record a notice of noncompliance. If the
violations are not corrected within thirty (30) days after such notification, the director may record a notice of noncom-
pliance with the office of the county recorder. The permittee and/or property owner shall be notified of the recordation
of the notice of noncompliance. The notice shall describe the property, specify the ordinance section or permit condi-
tions violated, and state the date of the most recent notification to the permittee and/or property owner of said viola-
tion(s). The director of community development shall record a release of notice of noncompliance with the county re-
corder when it is determined that the violations have been corrected or abated. A fee as set forth in city council fee res-
olution will be charged the permittee and/or property owner for recordation of a release of notice of noncompliance.
17.56.050 Administrative process.
Before any action is instituted pursuant to this chapter, an alleged violator may be given an opportunity to resolve
the complaint through an administrative process. An informal office hearing may be held to attempt to negotiate a solu-
tion to the violation.
Sections:
17.64.010
17.64.020
17.64.030
17.64.040
17.64.045
17.64.050
Purpose and intent.
Definitions.
Chapter 17.64
DENSITY BONUS PROVISIONS*
Density bonus, concessions and incentives.
Housing agreement.
Application and timeline.
Compatibility with market-rate housing.
17.64.010 Purpose and intent.
This chapter sets forth the requirements under which density bonuses and other incentives may be offered by the city
to developers of housing development projects pursuant to State Government Code Section 65915 et seq. The city's
intent is to encourage the provision of housing affordable to very low-, low-, and moderate-income households, to en-
courage the provision of housing for senior citizens, and to encourage the provision of housing for transitional foster
youth, disabled veterans, and homeless persons consistent with the latest adopted Moorpark general plan, the require-
ments of Government Code 65915 et seq., and this chapter.
17.64.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the definitions of Government Code
65915 et seq., shall apply. In addition, the following definition is provided:
"Housing agreement" means an agreement between the developer and the city guaranteeing the affordability of rent-
al or ownership units to extremely low, very low-or lower-income households, senior citizens, transitional foster youth,
Ordinance No. 515
Page 223
disabled veterans, or homeless persons. or for providing childcare facilities in accordance with the provisions of this
chapter and state density bonus law (Government Code Section 65915 et seq.).
17.64.030 Density bonus concessions and incentives.
A. The city council shall grant a density bonus and, if requested by the applicant, concessions or incentives, and/or
waivers or reductions of development standards and/or parking ratios for eligible residential and mixed-use commercial
development projects in accordance with state density bonus law (Government Code Section 65915 et seq.) and this
chapter through the approval of a residential or mixed-use commercial planned development permit, development
agreement in accordance with Chapter 15.40 of the Moorpark Municipal Code, and/or disposition and development
agreement, and a housing agreement. Commercial developers that partner with housing developers to produce afforda-
ble housing may qualify for a development bonus pursuant to Government Code Section 65915.7.
8. Density.
1. The increase in the allowable housing units under a density bonus is based on the percentage density increase
above that permitted under the existing zoning per state density bonus law (Government Code Section 65915 et seq.).
2. For density bonuses higher than required by state law, the city council must find that: (a) the project will help to
meet a local housing need for family housing as identified by the housing element of the general plan; and (b) the pro-
ject will be compatible with surrounding development. The city council may grant density bonuses higher than required
by state law in accordance with the following standards:
a. When one hundred percent (100%) of the units in a housing development project are restricted to be affordable
to low or very low-income households for the life of the project, a density bonus up to a maximum of one hundred per-
cent (100%) greater density than allowed by the existing zone may be granted by the city council when considering
project entitlements. The one hundred percent ( 100%) maximum density bonus is inclusive of all density bonuses al-
lowed under Government Code Section 65915 et seq., and this chapter.
b. When at least sixty percent (60%) of the units in a housing development project are restricted to be affordable to
low or very low-income households for the life of the project, a density bonus up to a maximum of seventy-five percent
(75%) greater density than allowed by the existing zone may be granted by the city council when considering project
entitlements. The seventy-five percent (75%) maximum density bonus is inclusive of all density bonuses allowed under
Government Code Section 65915 et seq., and this chapter.
3. Density bonuses higher than required by state law may not be granted for an age-restricted senior housing pro-
jects and housing projects for foster youth, disabled persons, and homeless persons.
C. Concessions, incentives, waivers, reductions, and/or parking ratios.
1. If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives or
concessions, unless the city council makes the findings required by Government Code Section 659 l 5(d)( I):
a. Reductions in residential or commercial development standards by amounts not to exceed twenty percent
(20%), or reductions in architectural design requirements beyond the minimum building standards adopted by the city;
and
b. Other regulatory concessions, incentives, waivers, reductions, and/or parking ratios proposed by the developer
or the city, including those specifically identified in Government Code Section 65915 et seq., which result in identifia-
ble cost reductions.
2. The city council, in granting higher density bonuses under subsection (8)(2), is not obligated to grant any addi-
tional concessions or incentives beyond those required by state law.
17.64.040 Housing agreement.
A housing agreement in a form acceptable to the city council is required as part of the granting of a density bonus,
concessions, incentives, waivers, reductions, and/or parking ratios. This agreement must meet the minimum require-
ments of Government Code Section 65915 for continued affordability and those projects granted a density bonus under
Section 17.64.030(8)(2) shall remain affordable to low and very low-income households for the life of the project, but
in no case less than fifty-five (55) years.
Ordinance No. 515
Page 224
17 .64.045 Application and time line.
A. An application for a density bonus shall accompany any other required applications for approval of the residen-
tial housing project, including those approvals set forth in Section 17 .64.030, and shall include written statements of the
following:
I. The extent of the density bonus (i.e., the number of units);
2. The requested concessions, incentives, waivers, reductions, and/or parking ratios authorized per this chapter;
and
3. An explanation demonstrating the residential housing project's eligibility for a density bonus. No additional
studies or reports beyond those required by state law, including Government Code Section 65915 et seq., shall be re-
quired as part of the request.
B. The community development director or designee shall inform the applicant for a density bonus whether the
application is complete in a time and manner consistent with Government Code Section 65943.
C. The city council shall consider and take action on the density bonus application concurrently with other applica-
tions for the residential housing project, which shall be processed in accordance with timelines established by state law,
including the Permit Streamlining Act (Government Code Title 7, Division I, Chapter 4.5), the Subdivision Map Act
(Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public
Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3).
17.64.050 Compatibility with market-rate housing.
Affordable housing units provided by a density bonus and developed in conjunction with a market-rate housing de-
velopment must be of similar design and quality as the market-rate units. Exterior colors and materials and interior
floor plans and materials of affordable units must be comparable with the market-rate units. Interior window treatments
(i.e., blinds, shutters, and/or curtains) must be provided on all windows of affordable units. Other interior features, such
as luxury flooring, upgraded appliances and custom lighting fixtures, need not be the same as market-rate units as de-
termined by the city in the housing agreement.
Sections:
17.72.010
17.72.020
17.72.030
17.72.040
Chapter 17.72
DOWNTOWN SPECIFIC PLAN OVERLAY ZONE (SP-D)*
Purpose.
General provisions.
Entitlement process and procedures.
Development standards and guidelines.
17.72.010 Purpose.
The purpose of this overlay zone is to identify properties which are part of the downtown specific plan and set forth
development standards and guidelines for public and private development and redevelopment of existing and new resi-
dential, commercial and industrial development in downtown Moorpark.
17. 72.020 General provisions.
All provisions of the downtown specific plan shall apply to the development and use of the properties within the
downtown specific plan overlay zone. Those provisions shall be supplemental to the regulations of the underlying zone.
In such cases where the specific plan development standards and the standards for the underlying zone conflict, the
specific plan development standards shall apply.
Ordinance No. 515
Page 225
17. 72.030 Entitlement process and procedures.
Requirements for development within the downtown specific plan overlay zone shall comply with the requirements
of Chapter 17.44, Application Review Procedures, and with the development standards and guidelines of the downtown
specific plan as adopted by city council resolution.
17.72.040 Development standards and guidelines.
The development standards and guidelines for the construction, reconstruction, renovation and remodeling of exist-
ing and/or proposed buildings in the downtown specific plan overlay zone shall adhere to the requirements and guide-
lines contained in the downtown specific plan as adopted by the city council.
Sections:
17.74.010
17.74.020
17.74.030
17.74.040
17.74.040.1
17.74.050
17.74.060
17.74.070
Chapter 17.74
SPECIFIC PLAN NO. 2/SPECIFIC PLAN 95-2,
MOORPARK HIGHLANDS SPECIFIC PLAN
Purpose.
Definitions.
General provisions.
Residential planned development regulations.
Single-family residential site development standards.
Open-space development regulations.
Public institutional development regulations.
Special regulations.
17.74.010 Purpose.
The development regulations and standards contained herein have been established to provide criteria for the devel-
opment of the planning areas within specific plan No. 2. Implementation of the regulations and standards set forth in
this section are intended to ensure that future development is coordinated and consistent with the goals and policies of
specific plan No. 2 and the city's general plan.
The following standards provide for the arrangement, development, and use of residential neighborhoods, open
space areas, school and park sites designated as public-institutional areas, and future state highway right-of-way or ded-
ication areas. Application of these regulations and standards is intended to encourage the most appropriate use of the
land, create a harmonious relationship among land uses, and protect the health, safety, and general welfare of the com-
munity.
Certain development requirements generally are included as conditions of approval for subdivisions and develop-
ment permits and may not be contained in the development regulations and standards for specific plan No. 2 or in the
city's municipal code and subdivision ordinance. Such development requirements include, but are not limited to: on-
site lighting standards, fixtures, lumen levels, coverage mounting and pole height; street lighting standards; front yard
landscaping; bus shelters; quantities and sizing of trees and shrubs; general review/approval of landscaping and irriga-
tion plans; review and approval of conditions, covenants and restrictions; requirements for homeowner property associ-
ations; rain gutters; yard drains; trash and recycling enclosures; slough wall for slopes adjacent to street rights-of-way;
and concrete driveways.
17. 74.020 Definitions.
Words and terms used in the specific plan No. 2 development regulations and standards shall have the same defini-
tions as given in the city of Moorpark Municipal Code, including Title 17, Zoning.
Ordinance No. 515
Page 226
17. 7 4.030 General provisions.
These development regulations and standards regulate all development within the specific plan No. 2 area. The fol-
lowing general provisions apply to all zone districts within the specific plan area.
A. The city municipal code shall regulate development in specific plan No. 2, except as modified by the regula-
tions and standards contained herein. In such cases where the specific plan No. 2 development regulations and stand-
ards conflict with those in other sections of Title 17 of the city of Moorpark Municipal Code, the specific plan No. 2
development standards shall apply.
B. The establishment and changes of the zone district classification on land in the specific plan No. 2 area shall be
as described in this section and shall be adopted by an ordinance amending the city zoning map in the manner set forth
in Chapter 17.60, Title 17, of the municipal code. The zone districts for specific plan No. 2 shall be consistent with the
specific plan land use plan, Exhibit 4, and Section 17.16.070(8), specific plan (SP) zone, which requires the use of the
SP suffix for property that is subject to a specific plan.
C. All land use entitlements and permits issued within the specific plan No. 2 area shall be consistent with specific
plan No. 2 and the city's general plan as amended.
D. Because it is infeasible to compose legislative language which encompasses all conceivable land-use situations,
the director of community development shall have the power to interpret the regulations and standards contained in this
specific plan, when such interpretation is necessitated by a lack of specificity in such regulations and standards.
E. Procedures for the processing of land use entitlement for the specific plan No. 2 area shall be the same as de-
fined in Chapter 17.44 of Title 17 of the Moorpark Municipal Code.
17.74.040 Residential planned development regulations.
For the purposes of this specific plan, all uses permitted in the specific plan No. 2 residential planned development
single-family (SP2-RPD-SF) zone, are as specified in Table 17.20.050 of Title 17 for the single-family residential low
(R-L) zone. Specific plan No. 2 development standards may be more or less restrictive than the city's current develop-
ment standards for each residential category. Exhibits 28 through 31 of the adopted specific plan contain single-family
development standards for the plan areas.
For the purposes of this specific plan, all uses permitted in the specific plan No. 2 residential planned development
single-family (SP2-RPD-SF) zone, are as specified in Table 17.20.050 of Title 17 for the residential planned develop-
ment (RPO) zone.
17.74.040.1 Single-family residential site development standards.
A. Specific Plan No. 2 Residential Planned Development Single-Family (SP2-RPD-SF) 1.3-2.5 du/ac Zone. Plan-
ning Areas (P.A.) 8 and 9.
I. Minimum lot area: ten thousand ( I 0,000) square feet.
2. Building Setbacks.
a. Front setback minimum for ten thousand (I 0,000) square foot lots is thirty (30) feet. The front setback mini-
mum for thirty thousand (30,000) square foot lots is thirty-five (35) feet. The front setbacks for the proposed single-
family dwelling units shall be varied so as to provide visual diversity. There shall be a minimum of three (3) feet varia-
tion for the front setback between adjacent lots, with no more than two (2) adjacent lots having the same front setback.
Dwelling units constructed with garages having a curved or swing driveway, with the entrance to the garage facing the
side or rear property line, shall have a minimum front setback of fifteen ( 15) feet.
b. Side yard setback minimum for a single-family dwelling unit on a ten thousand (10,000) square foot minimum
lot is ten percent ( I 0%) of the lot frontage. However, the setback can be reduced to a minimum of seven (7) feet if a
twenty (20) foot separation is maintained between adjacent structures. On irregularly shaped lots, a minimum side set-
back of seven (7) feet may be permitted at the discretion of the community development director, so long as the aver-
age separation between the subject building and the adjacent building is at least twenty (20) feet. For a thirty thousand
(30,000) square foot minimum lot, the sum of side yards shall be a minimum of twenty (20) feet with a minimum side
yard ( one (I) side) of seven (7) feet, and a minimum twenty (20) foot separation between adjacent structures. Recrea-
tional vehicle storage within the side yard shall be screened with a solid gate at least eight (8) feet in height and shall
occur only on a concrete surface capable of supporting the vehicle.
Ordinance No. 515
Page 227
c. Rear setback minimum for a single-family dwelling unit on a ten thousand ( I 0,000) square foot minimum lot is
thirty (30) feet, and on a thirty thousand (30,000) square foot minimum lot is fifty (50) feet; for an enclosed patio or
open patio cover is ten ( I 0) feet; for a second story deck or balcony is twenty (20) feet, and for an accessory structure is
five (5) feet. On a ten thousand ( I 0,000) square foot minimum lot, the rear setback may be reduced to fifteen ( 15) feet
at the discretion of the community development director, if at least one thousand six hundred (1,600) square feet of
contiguous private usable open space is maintained in the side and rear yard areas, and the minimum separation be-
tween the rear of the building and the rear or side of the building opposite the rear lot line is sixty (60) feet.
d. For projects located in planning area 8, no habitable structures shall be located closer than two hundred (200)
feet from the north/east specific plan boundary.
3. Maximum building height:
a. Thirty-five (35) feet for dwelling units;
b. Fifteen ( 15) feet for accessory structures;
c. Twelve (12) feet for a patio cover and second floor deck or balcony, not including railing height;
d. No more than three (3) stories shall be permitted.
4. Fences and Walls. Fences and walls shall comply with the provisions of this code, with the exception that sound
attenuation walls shall be constructed to a height as required by a city-approved noise study for the residential planned
development permit.
5. Parking. Parking shall comply with Chapter 17 .32 of this code. Tandem parking shall be permitted for garage
spaces that provide for parking beyond the required minimum.
6. Signage. Signage shall comply with Chapter 17.40 of this code.
7. Standards Relating to Animals. The keeping of animals shall comply with Section 17.28.030 of this code.
8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of
a structure shall be complementary with the eaves and window treatments and surrounds on the front elevation.
9. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front eleva-
tion of a single-family unit shall continue along each side elevation until commencement of fencing or other architec-
turally feasible termination point as determined by the residential planned development permit approval body.
B. Specific Plan No. 2 Residential Planned Development Single-Family (SP2-RPD-SF) 2.5-4.5 du/ac Zone. Plan-
ning Areas (P.A.) 2, 3 and 4.
I. Minimum lot area: six thousand (6,000) square feet.
2. Building Setbacks.
a. The front setback minimum is twenty (20) feet for products where all garage doors are even with or forward of
living space and face the street. In order to encourage a varied street scene and reduce the potential for a garage door
dominated project, the front setback may be reduced to fifteen ( 15) feet where any of the following design elements are
incorporated into the architecture of the homes:
i. Living space is forward ( closer to the street) of the garage door.
ii. Swing garages with the opening facing the side lot line.
111. Products that incorporate porte-cocheres or other architectural features that screen at least a portion of the gar-
age doors from the street.
iv. Other elements as approved by the community development director.
Any two (2) adjacent lots may have the same front setback; however, the third (3rd) consecutive lot should vary the
front setback by three (3) feet or more, as appropriate to the street and lot configuration and to provide variety in the
streetscape.
b. Side setback minimum for a single-family dwelling unit adjacent to a street is ten ( I 0) feet, with the exception
that the minimum side setback adjacent to Spring Road shall be twenty (20) feet.
c. Side setback minimum for a single-family dwelling unit on an interior lot, other than for exceptions listed be-
low, shall be five (5) feet with an average of seven and one half (7 l /2) feet and not less than fifteen ( 15) feet between
structures. Side setback minimum for a second story deck or balcony is ten ( I 0) feet.
d. Rear setback minimum for a single-family dwelling unit is twenty (20) feet, for an enclosed patio or open patio
cover is ten ( I 0) feet, for a second story deck or balcony is twenty (20) feet and for an accessory structure is five (5)
feet.
Ordinance No. 515
Page 228
e. For projects on a hillside area and where it can be clearly established that reduced setbacks will enhance preser-
vation of natural terrain and reduce grading, front setbacks may be reduced by the approving authority to ten ( I 0) feet
as applied to the main portion of the dwelling. Garage setbacks shall normally be twenty (20) feet except for a side-
loaded garage where a minimum driveway depth of twenty (20) feet from the right-of-way edge shall be provided.
3. Maximum building height:
a. Thirty-five (35) feet for dwelling units;
b. Fifteen (15) feet for accessory structures;
c. Twelve ( 12) feet for a patio cover and second floor deck or balcony, not including railing height;
d. No more than three (3) stories shall be permitted.
4. Fences and Walls. Fences and walls shall comply with the provisions of this code, with the exception that sound
attenuation walls shall be constructed to a height as required by a city-approved noise study for the residential planned
development permit.
5. Parking. Parking shall comply with Chapter 17.32 of this code, except as otherwise noted in this chapter. Tan-
dem, i.e. end to end, garage spaces are allowed.
6. Signage. Signage shall comply with Chapter 17.40 of this code, except as otherwise noted in this chapter.
7. Recreational Amenities. Residential planned development permit areas with single-family lots that have an av-
erage size of less than seven thousand (7,000) square feet shall include private recreational amenities including but not
limited to the following: clubhouse, restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area
with seating, court game facilities (nonlighted) and multipurpose fields. The types of amenities shall be reviewed and
approved with the required residential planned development permit.
8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of
a structure shall complement the eaves, window treatments and surrounds on the front elevation.
9. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front eleva-
tion of a single-family unit shall continue along each side elevation until commencement of fencing or other architec-
turally feasible termination point as determined by the residential planned development permit approval body.
C. Specific Plan No. 2 Residential Planned Development Single-Family (SP2-RPD-SF) 6 du/ac Zone. Planning
Area (P.A.) I.
I. Minimum lot area: three thousand five hundred (3,500) square feet.
2. Building Setbacks.
a. Front setback minimum is twenty (20) feet for products where all garage doors are even with or forward of liv-
ing space and face the street. In order to encourage a varied street scene and reduce the potential for a garage-door-
dominated project, the front setback may be reduced to fifteen (15) feet where any of the following design elements are
incorporated into the architecture of the homes:
1. Living space is forward (i.e. closer to the street) of the garage door.
ii. Other elements as approved by the community development director.
Any two (2) adjacent lots may have the same front setback; however, the third consecutive lot should vary the front
setback by three (3) or more feet, as appropriate to the street and lot configuration, and to provide for variety in the
streetscape.
b. Side setback minimum for a single-family dwelling unit adjacent to a street is ten ( I 0) feet, with the exception
that the minimum side setback adjacent to Spring Road shall be twenty (20) feet.
c. Side setback minimum for a single-family dwelling unit on an interior lot shall be five (5) feet. Side setback
minimum for a second story deck or balcony is ten ( I 0) feet.
d. Rear setback minimum for a single-family dwelling unit is twenty (20) feet, for an enclosed patio or open patio
cover is ten (10) feet, for a second story deck or balcony is twenty (20) feet, and for an accessory structure is five (5)
feet.
3.
a.
b.
C.
Maximum building height:
Thirty-five (35) feet for dwelling units;
Fifteen ( 15) feet for accessory structures;
Twelve ( 12) feet for a patio cover and second floor deck or balcony, not including railing height.
Ordinance No. 515
Page 229
4. Fences and Walls. Fences and walls shall comply with the provisions of this code, with the exception that sound
attenuation walls shall be constructed to a height as required by a city-approved noise study for the residential planned
development permit.
5. Parking. Parking shall comply with Chapter 17.32 of this code, except as otherwise noted in this chapter.
6. Signage. Signage shall comply with Chapter 17.40 of this code, except as otherwise noted in this chapter.
7. Recreational Amenities. Residential planned development permit areas with single-family lots that have an av-
erage size of less than seven thousand (7,000) square feet shall include private recreational amenities including but not
limited to the following: clubhouse, restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area
with seating, court game facilities (nonlighted), and multipurpose fields. The types of amenities shall be reviewed and
approved with the required residential planned development permit.
8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of
a structure shall complement the eaves, window treatments and surrounds on the front elevation.
9. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front eleva-
tion of a single-family unit shall continue along each side elevation until commencement of fencing or other architec-
turally feasible termination point as determined by the residential planned development permit approval body.
D. Specific Plan No. 2 Residential Planned Development (SP2-RPD-SF-12) 12.0 du/ac Zone.
I. Lot Area:
a. Attached unit projects: three thousand (3,000) square feet of land area per dwelling;
b. Detached unit projects: three thousand five hundred (3,500) square foot lot minimum.
2. Building Setbacks.
a. Front setback: Minimum landscaped setback of twenty (20) feet. Structures with garages siding to a street may
have a reduced front setback of not less than fifteen (15) feet.
b. Side setback: Minimum landscaped setback of five (5) feet. The side setback requirement adjacent to a roadway
shall be ten ( I 0) feet.
c. Rear setback: Minimum landscaped setback of fifteen ( 15) feet.
2. Maximum building height:
a. Thirty-five (35) feet for dwelling units;
b. Fifteen ( 15) feet for accessory structures;
c. Twelve (12) feet for a patio cover.
4. Fences and Walls. Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the
exception that sound attenuation walls shall be constructed to a height as required by a city-approved noise study for
the residential planned development permit.
5. Parking. Parking shall comply with Chapter 17.32 of the city of Moorpark Municipal Code.
6. Signage. Signage shall comply with Chapter 17.40 of the city of Moorpark Municipal Code.
7. Open Space. In addition to any other open space requirement of specific plan No. 2, a SP-2/RPD-12 project
shall include the following amounts of open space:
a. Private Open Space. The following private open space shall be provided. Private open space shall be accessible
from the dwelling unit served and not from other units.
i. A usable private open space area in the form of a courtyard, patio or garden, or combination thereof, with a
minimum area of four hundred fifty (450) square feet and a minimum dimension of fifteen ( 15) feet for each dwelling
unit.
b. Usable Open Space. All SP2 RPD-12 developments shall provide not less than twenty-five percent (25%) of the
net site area as usable open space.
i. Usable Open Space Standards. Usable open space shall meet the following requirements:
(A) Usable open space areas shall not include rights-of-way, vehicle parking areas, areas adjacent to or between
structures less than fifteen ( 15) feet apart, required front setbacks, private open space areas, or areas with slopes ex-
ceeding fifteen percent (15%);
(8) Usable open space areas shall be planted with turf or groundcover, or other landscaping material which will
control dust;
(C) Usable open space areas shall be screened from streets and adjacent sites;
Ordinance No. 515
Page 230
(D) Usable open space areas shall not be obstructed except by improvements that enhance usability, such as re-
quired recreational amenities, fountains, sunshades, and plantings; (E) Usable open space areas shall not be
covered by more than fifty percent (50%) by a building overhang or balcony.
8. Recreational Amenities. SP2 RPD-12 zone projects shall provide recreational amenities such as, but not limited
to, the following: restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating, and
court game facilities (nonlighted). The types of amenities shall be reviewed and approved with the required residential
planned development permit.
E. Specific Plan No. 2 Residential Planned Development Single-Family (SP2-RPD-SF) 6.1 du/ac Zone. Planning
Area (P.A.) 7.
I. Minimum lot area: three thousand five hundred (3,500) square feet.
2. Building Setbacks.
a. Front setback: Minimum landscaped setback of ten ( I 0) feet and architectural facade projections of up to six-
teen ( 16) inches are allowed for non-livable spaces; with a minimum driveway depth of twenty (20) feet, as measured
from front property line across area leading to enclosed parking within a garage; any two (2) adjacent lots may have the
same front setback; however the third consecutive lot should vary the front setback by one ( 1) or more feet, as appro-
priate to the street and lot configuration, and to provide for variety in the streetscape.
b. Side setback: Minimum for a single-family dwelling unit on an interior lot shall be five (5) feet. Minimum for a
single-family dwelling unit adjacent to a street is ten (10) feet. Minimum for a single-story enclosed patio, patio cover
or detached accessory structure shall be five (5) feet.
c. Rear setback: Minimum for a single-family dwelling unit is fifteen (15) feet, and second story floors, and/or
architectural projections, may cantilever a maximum of eighteen ( 18) inches into the minimum required fifteen (15)
foot setback. For single story enclosed patios or open patio covers, or for detached accessory structures the minimum
required rear setback is five (5) feet.
d. Mechanical equipment: Must be located in the rear yard with a minimum five (5) foot setback from any side or
rear property line and must be screened with a decorative masonry wall or landscaping.
3. Maximum building height:
a. Thirty-five (35) feet for dwelling units;
b. Fifteen ( 15) feet for a patio cover or accessory structures;
c. Second story decks or balconies are prohibited.
4. Fences and Walls. Fences and walls shall comply with the provisions of this code, with the exception that sound
attenuation walls shall be constructed to a height as required by a city-approved noise study for the residential planned
development permit.
5. Parking. Parking shall comply with Chapter 17.32 of the city of Moorpark Municipal Code.
6. Signage. Signage shall comply with Chapter 17.40 of the city of Moorpark Municipal Code.
7. Recreational Amenities. Residential planned development permit areas with single-family lots that have an av-
erage size of less than seven thousand (7,000) square feet shall include private recreational amenities including but not
limited to the following: restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating,
and multipurpose play area field. The types of amenities shall be reviewed and approved with the required residential
planned development permit.
8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of
a structure shall complement the eaves, window treatments and surrounds on the front elevation.
9. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front eleva-
tion of a unit shall continue along each side elevation until commencement of fencing or other architecturally feasible
termination point as determined by the residential planned development permit approval body.
17.74.050 Open-space development regulations.
It is the intent of these regulations to promote the preservation of the natural landforms of specific plan No. 2 area
by allowing only limited improvements within private open space areas and prohibiting all development (including
structures and trails) within the natural open space, except that required for remedial grading and arterial roadway con-
struction.
Ordinance No. 515
Page 231
A. Private Open Space Permitted Uses. For the purposes of this chapter, the following is a listing of the permitted
uses allowed within the private open space areas within specific plan No. 2:
I. Trails. Trails shall be developed as shown on the approved exhibits of the adopted specific plan No. 2.
2. Only signage identifying trail direction and use restrictions will be permitted.
B. Private Open Space Development Regulations.
I. Structures shall not be allowed.
2. Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that
sound attenuation walls shall be constructed to a height as required by a city-approved noise study for the residential
planned development permit.
C. Natural Open Space Development Regulations. The natural open space zone areas shall be reserved for visual
open space and are planned to be part of a habitat conservation plan (HCP), as defined in the EIR document, Appendix
J. These areas shall remain ungraded and shall not be developed, with the exception of roadway and infrastructure im-
provements necessary for the construction of Spring Road. The natural open space zone areas impacted by grading for
Spring Road shall be recontoured and revegetated to the standards as defined in the design guidelines, Section 8, of
specific plan No. 2. Subsequent revegetation and/or maintenance activities within the natural open space areas shall be
limited to those activities, as prescribed in the HCP, Appendix J of the EIR. Terms and conditions of the final HCP as
approved by the U.S. Fish and Wildlife Service shall regulate NOS usage.
17. 74.060 Public institutional development regulations.
It is the intent of this section to provide standards to direct the development of public institutional uses within the
specific plan No. 2 property, consistent with the specific plan land use plan designation for the school and park sites.
A. Public/Institutional Permitted Uses. For the purposes of this specific plan, all uses permitted in the specific plan
No. 2 public institutional zone, are as specified in Tables 17.20.050 and 17.20.060 of Title 17 for the institutional zone.
A public elementary and secondary school are permitted uses in the specific plan No. 2 public institutional zone that do
not require a permit from the city, because such uses are exempt from the city's zoning regulations.
B. Public/Institutional Site Development Standards. The following standards shall apply to private development
only, and shall not be applicable to a public school or a public park within the specific plan No. 2 area:
I. Landscape Coverage. Landscape coverage shall be a minimum of ten percent ( I 0%) of the overall lot area and a
minimum of ten percent (I 0%) of any parking lot; pursuant to Title 17, Section 17.32.100 of the Moorpark Municipal
Code.
2. Minimum Setbacks.
a. From arterial roadways:
1. Front: thirty (30) feet;
11. Side: ten ( I 0) feet.
b. Minimum setbacks from collectors and residential streets:
1. Front: twenty (20) feet;
11. Side: ten ( I 0) feet.
c. From residential zones: fifteen ( 15) feet.
3. Maximum Structure Height. Maximum structure height shall be thirty-five (35) feet or forty-five (45) feet with
planning commission or city council conditional use permit approval.
4. Fences and Walls. Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the
exception that sound attenuation walls shall be constructed to a height as required by a city-approved noise study for a
conditional use permit.
5. Parking. Parking shall comply with Chapter 17.32 of the city of Moorpark Municipal Code.
6. Signage. Signage shall comply with Chapter 17.40 of the city of Moorpark Municipal Code.
17. 7 4.070 Special regulations.
A. Right-of-Way Reservation Areas. It is the intent of this section to provide standards to direct the development of
right-of-way uses within the specific plan No. 2 property, consistent with the specific plan land use plan designation for
State Routes 23 and I 18 right-of-way reservation.
Ordinance No. 515
Page 232
For the purposes of specific plan No. 2, right-of-way has been reserved for future State Routes 23 and I 18 and/or
interim bypass arterial roadways, as well as community arterials and collector streets, and no other uses are permitted
within the right-of-way reservation areas.
8. Setbacks for Plugged, Abandoned Oil Wells.
I. Abandoned Once Producing Oil Wells. Abandoned once producing oil well setbacks will be required in addi-
tion to compliance with all procedures as outlined in Construction Project Site Review and Well Abandonment Proce-
dures document from Department of Conservation Division of Oil, Gas, and Geothermal Resources. The required set-
backs are ten (I 0) feet from the abandoned once-producing oil well to the structure and/or property line, limited to any
two (2) adjacent sides of the well, and within fifty (50) feet from the property line and/or structure on the third side of
the well. The fourth side of the well will always have an open access.
2. Abandoned Nonproducing Oil Wells. Structures can be built over abandoned nonproducing oil wells provided
that:
a. The nonproducing well will be re-abandoned using current standards;
b. Shall include a vent system as described in the Construction Project Site Review and Well Abandonment Pro-
cedures document from the Department of Conservation Division of Oil, Gas, and Geothermal Resources.
C. Urban-Wildland Interface. All buildings and structures shall be constructed in accordance with the city's adopt-
ed building code and shall incorporate site planning criteria, landscaping and vegetation management techniques con-
sistent with Chapter 8.0 of the adopted specific plan No. 2 and the Ventura County Fire Protection District's fire hazard
reduction program. The project shall incorporate the recommended fuel modification plant materials as discussed in
Section 8.3.4 of the adopted specific plan.
D. Hillside Management. All specific plan No. 2 development projects within hillside areas, as defined in Chapter
17.38 of Title 17 of the city municipal code, shall comply with all of the procedures, standards, and findings contained
in Chapter 17.38, unless the city council determines that certain procedures, standards, and findings are not applicable
to specific plan No. 2 development projects, consistent with the exemptions provisions contained in Section 17 .38.030
ofChapter 17.38.
Ordinance No . 515
Page 233
STATE OF CALIFORNIA
COUNTY OF VENTURA
CITY OF MOORPARK
SS .
I, Ky Spangler , City Clerk of the City of Moorpark , California , do hereby certify under
penalty of perjury that the foregoing Ordinance No. 515 was adopted by the City Council of
the City of Moorpark at a regular meeting held on the 19th day of July , 2023 and that the
same was adopted by the following vote :
AYES:
NOES :
ABSENT:
ABSTAIN :
Councilmembers Castro, Delgado, Groff, Means and Mayor Enegren
None
None
None
WITNESS my hand and the official seal of said City this 25th day of July , 2023 .