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Home My WebLink AboutAGENDA REPORT 2023 0517 CCSA REG ITEM 09BCITY OF MOORPARK, CALIFORNIA City Council Meeting of May 17, 2023 ACTION RECEIVED PRESENTATION AND PROVIDED COMMENTS AND DIRECTION REGARDING THE DRAFT ZONING MAP AND ZONING CODE UPDATE. BY A. Hurtado. B. Consider Presentation on the Zoning Code and Zoning Map Update. Staff Recommendation: Receive presentation and provide comments regarding the Draft Zoning Map and Zoning Code Update. (Staff: Shanna Farley, Principal Planner) Item: 9.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shanna Farley, Principal Planner DATE: 05/17/2023 Regular Meeting SUBJECT: Consider Presentation on the Zoning Code and Zoning Map Update BACKGROUND On January 15, 2020, the City Council initiated a comprehensive update to the City’s General Plan 2050. General Plan 2050 outlines a community vision of the City through the year 2050 and identifies the specific goals, policies, and programs that are necessary to achieve the vision. Over the past three years, the City has engaged in a community- driven process to guide the development of the update to the General Plan 2050 which included significant community input in public meetings, workshops, and through the work of the General Plan Advisory Committee (GPAC). Through the process, a Vision Statement was developed to set the groundwork for the later discussions on goals and policies, looking forward to the horizon year of 2050. 2050 General Plan Vision Statement Moorpark in 2050 is a virtually and physically connected community that provides a sustainable, diverse, inclusive, equitable, and safe place to live, work, and play for all generations. Moorpark supports and values local businesses, arts and education, innovation, healthy living, and maintains its family-oriented small-town feel. We are stewards of the environment and honor our agricultural and cultural heritage. We balance these values to maintain a high quality of life for our residents. On May 3, 2023, the City Council adopted General Plan 2050 and Program Environmental Impact Report (EIR) by Resolution No. 2023-4173. General Plan 2050 includes a Land Use Plan illustrating the types and intensities of various land uses throughout the City. The Land Use Element outlines the City’s vision for future development and identifies the permitted uses of land for housing, business, industry, open space, and recreation within the City and outlines the density and intensity of these uses. While the Land Use Element and Land Use Map, sets forth the general type and nature of development at a high level; the Zoning Code, which implements the Land Use Element, provides specific standards for building height, setbacks, parking, and other requirements. Significant community outreach was conducted to prepare the Land Use Map, which included consideration at many public workshops and meetings of the Item: 9.B. 22 Honorable City Council 05/17/2023 Regular Meeting Page 2 General Plan Advisory Committee to consider identification of “opportunity site” locations in the community which were envisioned to change in the future. In 2022, staff began drafting updates to the Zoning Map (Attachment 1 and Figure 1) and Zoning Code (Code) (Attachment 2) to reflect the goals and policies outlined in the General Plan 2050 and proposed changes to the Land Use Element. A Zoning Code and Zoning Map are planning documents that establish specific development standards for buildings and land uses within certain distinct geographic regions within a jurisdiction. The Zoning Code relies on the goals and policies of General Plan 2050 and its Land Use Element to implement the intent of General Plan 2050 and outlines geographic regions and zones for specific land uses. State law requires that the Zoning Code and Zoning Map are internally consistent with the General Plan. When a Zoning Code becomes inconsistent with the General Plan, the jurisdiction is required to amend the Zoning Code to be consistent within a reasonable time to address any consistent regulations. Based on the comprehensive nature of General Plan 2050, significant inconsistencies need to be addressed through the Zoning Code and Zoning Map Update to ensure future development aligns with the General Plan. Zoning Map and Code Update The current Zoning Code and Zoning Map were initially adopted when the City was incorporated in 1983. The City had never completed a comprehensive update to either document. Generally, most changes to the Zoning Code and Map were made as part of development application requests to amend Zoning designations related to specific sites or projects. As a result, while development was thoughtfully considered project by project, changes were not developed collectively throughout the City, nor has there been a comprehensive discussion regarding community planning prior to the outreach associated with General Plan 2050. DISCUSSION The Draft Zoning Map implements the land use designations of the adopted General Plan 2050 Land Use Map, aligning the Zoning designations with the adopted General Plan 2050. General Plan 2050 provides a Zoning Correspondence Table indicating which of the General Plan 2050 Land Use Designations correspond to each Zoning Designation (Attachment 4). 23 Honorable City Council 05/17/2023 Regular Meeting Page 3 Figure 1: Draft Zoning Map New Zones The most significant change to the City’s Zoning designations is the creation of several new Zones and other amendments to the Zoning Map. The new zones include three mixed-use zones: Mixed-Use Low (MUL), Mixed-Use Medium (MUM), and Mixed-Use District (MUD); one new industrial zone: Industrial Flex (I-F); and consolidation of numerous residential zones into five condensed residential zones: Single Family Residential Low (R-L), Single Family Residential (R-1), Medium Density Residential (R-2), Multi-family Residential (R-3), and Trailer Park Development (TPD). The Draft Zoning Map (Figure 1) includes changes that reflect new Zoning designations, including mixed-use development, industrial flex, and simplified residential categories. In the current Zoning Map, due to unique zone change requests over the past decades, many residential developments were assigned unique Zoning designations of Residential Planned Development (RPD) followed by a numeric description of their anticipated density, for example, RPD-8.9U. The RPD designations are proposed to be grouped within five residential zones based on their existing density and the proposed land use designation in the General Plan 2050 Land Use Element. The Correspondence Table (Attachment 4) shows the relationship between each land use designation in the General Plan 2050 and the corresponding proposed zone, the proposed density of residential Zones, and includes a brief description of each land use category. Figure 2 below shows a comparison of the existing Zoning designations and the proposed designations identified on the Zoning Map above. 24 Honorable City Council 05/17/2023 Regular Meeting Page 4 Figure 2 – Existing and Proposed Zones Current Zoning Designations Draft Zoning Designations The proposed mixed-use zones (MUL, MUM, and MUD) provide development flexibility by allowing a mix of commercial and residential uses on property previously zoned exclusively for commercial use. The MUL and MUM Zones are proposed to replace the existing commercial zones in the Downtown Specific Plan area of High Street, Princeton Avenue, and Moorpark Avenue. The MUD zone is proposed to replace the existing commercial zoning of several commercial shopping centers, consisting of the Mission Bell Plaza and Moorpark Town Center on Los Angeles Avenue and Campus Plaza at the intersection of Collins Drive and Campus Park Drive, and to replace the industrial zoning on the “Hilltop Property” located on Princeton Avenue. Below is a summary of the purpose of each of the three mixed-use zones as provided in the proposed Zoning Code Section 17.16.100 (Page 54 of Attachment 2). Mixed-use Low (MUL) Zone. The purpose of this zone is to provide for neighborhood-serving goods and commercial services and/or multi-family residential in a mixed-use format (vertical or horizontal). Buildings in this designation will be designed to be walkable with wide sidewalks, active street frontages, and minimal setbacks from the back of the sidewalk. Mixed-use Medium (MUM) Zone. The purpose of this zone is to provide for a mix of commercial, office, and housing development in buildings with an additional story in height 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. 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 projects 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 subterranean. A model for the redevelopment of underutilized commercial centers. 25 Honorable City Council 05/17/2023 Regular Meeting Page 5 In general, the MUD and MUL zones allow a mix of uses but would also allow stand-alone residential or commercial development. The MUM zone, which is located on High Street within the Downtown Specific Plan, would prohibit residential-only development, and would allow stand-alone commercial or mixed-use. Development standards for the new mixed-use zones have been developed in line with the guidance received through the preparation of the General Plan 2050 and largely based on workshops and discussions with the GPAC. On April 29, 2021, the GPAC engaged in a community workshop that included visual representations of varying development types and styles. The proposed standards for mixed-use are outlined in table 17.24.055 and subsequent sections of the proposed Zoning Code (Attachment 2, Pages 111-120). The Industrial Flex Zone (I-F) is proposed to address several properties located on Flinn Avenue and Minor Street, behind the police station and four properties located on Condor Drive and Princeton Avenue. The I-F zone was developed to allow a wider mix of industrial and commercial uses on lots previously zoned for industrial uses. Below is a summary of the purpose of the I-F zone, as noted in the proposed Zoning Code Section 17.16.060 (Page 53 of Attachment 2). Industrial Flex (I-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. Lastly, the Draft Zoning Map includes an update to simplify residential Zoning designations throughout the City. In the past, many rezones occurred at a project level and resulted in numerous RPD Zones. The proposed consolidation of zones to five residential zoning designations would reflect the intent of the General Plan 2050 and Land Use Map goals and policies. Where an existing RPD zone was rezoned to R-L, R-1, R-2, or R-3, each neighborhood was analyzed to verify its existing density and the density set forth by the Land Use Element to assign the appropriate zoning designation. The TPD Zone impacts the Villa Del Arroyo Mobile Home Park and was not amended. Below is a summary of the purpose of the residential zoning designations, as included in the proposed Zoning Code Section (Page 52 of Attachment 2). 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. (New Zone) 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. (Existing Zone) Medium Density Residential (R-2) Zone. The purpose of this zone is to provide for and maintain residential areas allowing two (2) single-family dwelling units or a two (2) family dwelling unit on lots which meet the minimum area requirements of this zone. (Previously Two-Family Residential Zone) Multifamily Residential (R-3) Zone. The purpose of this zone is to provide for and maintain a mix of attached multifamily residential housing types. (New Zone) 26 Honorable City Council 05/17/2023 Regular Meeting Page 6 Request for Input - Staff requests that the City Council confirm that the proposed new Zoning designations and the related design standards implement the intent of the adopted General Plan 2050. Notable Code Changes The Zoning Code Update includes a variety of changes, some more significant than others. This report will highlight the most significant changes that are proposed. Permit Process Zoning Code Section 17.44.040.C (Page 270 of Attachment 2) outlines the permit requirements for a Planned Development (PD) Permit, which is a discretionary permit required for certain types and scales of new development. Many of the City’s developments require a PD permit in the current Code. Currently, all PD permits require a public hearing review by both the Planning Commission and the City Council. The proposed Draft Zoning Code establishes the Planning Commission as the approval body for PD permits unless a PD permit is appealed to the City Council or requires another action of the City Council. Examples of actions that would require an action of the City Council would include a legislative action requesting a Zoning or General Plan amendment or a development agreement. Otherwise, the proposed amendment would change the approval body of many development projects to the Planning Commission. The proposed changes address various requirements of The Permit Streamlining Act and other legal requirements related to development time limits, of which some examples are noted below. Government Code Section 65956(b) requires that an agency approve or deny a project by specific timelines outlined within the law, otherwise, a project is “deemed approved” automatically without the discretion of the jurisdiction. This means that once a development application1 is deemed complete, most applications need to be considered by the final approving authority within 90 or 180 days. Government Code Section 65905.5 further outlines timelines, requiring that a city or county cannot conduct more than five public hearings to approve or disapprove of a housing application. The Code also clarifies that meetings of the agency, department, commission, or council all qualify for one of these types of hearings. In general, a housing project requires at least one or two meeting(s) of the Community Development Department’s (CDD) Development Review Committee (DRC), a body of city departments and outside permit agency staff to consider an application’s conformance to various codes, to consider the environmental determination of the proposed development, and to draft Conditions of Approval for consideration by the hearing body. To meet the timelines required by these laws, it is proposed that the hearing body of the PD permit be assigned to the Planning Commission and no longer automatically require consideration by the City Council. It should be noted that most city and county agencies in California review PD permits at the level of the Planning Commission or other similar hearing body. In addition, the Code update 1 The Permit Streamlining Act does not apply to all permit applications, which include legislative land use decisions (Zoning or General Plan Amendments), final subdivision maps, ministerial permits, and administrative appeals. 27 Honorable City Council 05/17/2023 Regular Meeting Page 7 includes objective and clear development standards for all zones, therefore this clarity warrants a more streamlined review process. Request for Input - Staff requests that the City Council confirm that the proposed new permit review process and permit streamlining meets the intent of the adopted General Plan 2050. PD Permit Thresholds In addition to adjusting the level of discretionary review required of a PD, the Draft Zoning Code also includes changes to the development thresholds that would warrant a PD. Development applications that do not exceed the proposed threshold would require an Administrative Permit (AP) considered by the CDD Director or a similar administrative permit. The table below summarizes the proposed changes to PD permit thresholds. Permit Type Current Threshold Proposed Threshold Residential Planned Development (RPD) New construction of five (5) or more units New construction of ten (10) or more units Commercial Planned Development (CPD) New construction of building floor area of 2,500 square feet New construction of building floor area of 10,000 square feet Industrial Planned Development (IPD) New construction of building floor area of 2,500 square feet New construction of building floor area of 50,000 square feet Mixed-Use Planned Development (MPD) No existing threshold All new or converted structures previously used by one use Staff has received numerous comments from the Planning Commission, City Council, applicants, and staff in the past few years regarding the low thresholds, questioning why most development projects trigger a PD and discretionary review at a hearing. The proposed adjustment to the thresholds would reduce the number of smaller-scale development projects requiring a hearing, thereby reducing the cost and time needed to process such requests. This streamlined process is proposed alongside more clear development standards included in the Zoning Code that clearly outline the desired development. It is intended that this adjustment will help streamline permit review and incentivize small-scale or infill investment throughout the City. The proposed threshold modifications are conservative and would allow the Planning Commission to continue to review projects that have larger footprints or larger scale residential projects. Request for Input - Staff requests that the City Council confirm that the proposed PD permit thresholds implement the intent of the adopted General Plan 2050. Permit Required Various permit types are proposed to be adjusted to limit the types of discretionary permits which would automatically require review by the Planning Commission or CDD Director. For example, Conditional Use Permits (CUP) require consideration by the Planning Commission and APs require review by the CDD Director. Based on comments from the Planning Commission, applicants, and public and with consideration of permit practices in nearby communities, various uses which currently require a public hearing are 28 Honorable City Council 05/17/2023 Regular Meeting Page 8 proposed to be adjusted to AP to be reviewed by the CDD Director. Examples of proposed permit type changes are highlighted below. Complete draft use tables are listed on pages 56-93 of Attachment 3. Staff and the community have been challenged by the degree of uses that require administrative approval, such as warehousing within an industrial zone. The proposed changes accommodate a desire for flexibility by allowing a broader range of uses without the need for individual review. Figure 3 Examples of Permit Type Adjustments 29 Honorable City Council 05/17/2023 Regular Meeting Page 9 Request for Input - Staff requests that the City Council confirm that the proposed adjusted permit types implement the intent of the adopted General Plan 2050. Development Standards The Draft Zoning Code proposes new development standards for new zones and some alterations of existing standards. The proposed development standards are generally located in Chapter 17.24 Development Requirements (Pages 94-120 of Attachment 2). Of the changes to development standards, the most significant new development standards are associated with the new mixed-use zone, where a form-based criteria is outlined to guide the form and layout of structures in the new zones. The development standards proposed for mixed-use would allow for flexibility in designing structures that may need to address a mix of commercial and residential units on the same lot or within the same building. The development standards include minimum and maximums for floor area ratio, dwelling density, setbacks and stepbacks, stories and heights, landscaping, etc. Specific standards are outlined to help ensure that buildings have adequate façade modulation, well-designed entries, consider nearby existing uses, provide attractive and vibrant commercial spaces, and to provide residential amenities, etc. It should be noted that the proposed heights in the mixed-use zones are taller than currently allowed in other zones as noted in Figure 4 below. Currently, the maximum building height in the Zoning Code is 35 feet. In addition, the Code also allows an applicant to request a height of up to 60 feet with a Conditional Use Permit. As noted earlier, most development in the mixed-use zones will require a hearing by the Planning Commission. Figure 4 - Proposed Mixed-Use Heights The new I-F zone also includes proposed development standards (Page 104 of Attachment 2). The I-F zone is proposed to have similar standards as identified for the two existing industrial zones. The proposed revisions to the residential zone standards begin on page 94 of Attachment 2. The proposed changes to development standards include the introduction of the new R-L and R-3 zones. Changes are proposed to the maximum density identified in certain zones, based on the General Plan 2050 Land Use Element. The minimum lot area is proposed to be revised in the R-O and R-E zones. Otherwise, the development standards remain largely the same as in the past. 30 Honorable City Council 05/17/2023 Regular Meeting Page 10 All new projects will be required to meet the development standards identified in the Code and would allow minimal flexibility in their consideration, as was previously allowed by Zoning Code Section 17.16.040.E, (Page 52 of Attachment 2) which is proposed to be struck from the Code. The current RPD zone allows for a “flexible regulatory procedure” which allowed developments in the zone to request significant variation in the development standards for particular development. This flexibility, although desirable, is no longer consistent with State Law. For example, Senate Bill 330 and other laws require that housing development projects be reviewed against objective design standards which effectively limits the ability of jurisdictions to impose subjective standards which require interpretation. Therefore, objective development standards shall be met for a project to be approved. There are minimal exceptions currently allowed in considering variation from development standards, which include variances which allow exceptions when certain development hardships exist or consideration of an increase in height, of no more than 60 feet in commercial and industrial zones, with the approval of a Conditional Use Permit. Changes also include the incorporation of a variety of use types, that include, but are not limited to, community garden, outdoor dining, low barrier navigation center, employee housing, energy storage, kennel and cattery, distillery, animal rescue and shelter, community care facility, etc. Request for Input - Staff requests that the City Council confirm that the proposed development standards, specially addressing height and form-based standards, as well as removal of the RPD zone discretionary standard process, implement the intent of the adopted General Plan 2050. Inclusionary Housing On February 15, 2023, the City Council adopted the 2021-2029 Housing Element (Housing Element). The Housing Element is a significant part of the General Plan 2050 and outlines the City’s housing needs, goals, and objectives of meeting the communities housing needs for all income levels. The Housing Element also outlines various regulatory requirements associated with planning and encouraging future housing within the community, as well as many housing related programs. Programs within the Housing Element primarily address the City’s share of the region’s housing need which is assigned by the Southern California Association of Governments (SCAG), known as Regional Housing Needs Allocation (RHNA). The City’s RHNA for 2021-2029 is 1,289 units, within a variety of income categories. Program 5 of the Housing Element outlines a requirement to develop a program that requires 15% of housing development units be reserved for lower- and moderate-income households, which would facilitate the production of needed affordable housing. The City will also develop an “in-lieu” fee which may be paid in certain circumstances, rather than constructing affordable units on a site. An inclusionary housing and fee study is expected to begin soon and completed by Fall 2023. The Zoning Code Update includes a new development requirement, outlined as Code Section 17.24.065 (Page 118-120 of Attachment 2), which generally addresses the Inclusionary Housing requirement outlined in the Housing Element. The proposed 31 Honorable City Council 05/17/2023 Regular Meeting Page 11 requirement would establish the minimum affordable housing requirement for certain residential development projects. The proposed standard is intended as a temporary regulation until the completion of the more formal study later this year. In the past, affordable housing units were typically constructed as part of residential development projects which required a Development Agreement, except for a few fully affordable projects developed by affordable housing developers or agencies. Development agreements are often used in cases where a project requests an amendment to the zoning or general plan designation to allow a higher density for a residential project. With the proposed amendments to the Zoning Map and related development standards, it is expected that many projects will no longer need or request legislative action from the City and therefore the City would have no ability to negotiate the number or type of affordable housing provided by a developer. Figure 5 below is a table showing the proposed calculation of affordable housing units, based on the number of proposed housing units. Figure 5 – Inclusionary Unit Table 32 Honorable City Council 05/17/2023 Regular Meeting Page 12 Relief From Parking Requirements The Draft Zoning Code includes a new section that is intended to provide flexibility to consider relief from parking standards. Draft Code Section 17.32.130 (Page 194-196 of Attachment 2) outlines provisions to allow applicants to request adjustment or waiver of parking standards for shared parking, off-site parking, compact parking spaces, decreased number of spaces, and waiver of garage requirements. The decision-making body would be required to make findings to ensure the request meets the demands of the proposed use and would not burden adjacent properties or uses. Therefore, including this section would be consistent with many jurisdictions in the vicinity that allow discretionary review of a request to modify parking standards, which currently is unavailable to an applicant under the current Code in Moorpark. The proposed parking relief section would allow the decisionmaker to consider a parking study prepared by a professional traffic engineer to ensure requested parking relief is consistent with required guidelines and consistent with other standard practices. The proposed relief would also allow for more thoughtful and creative parking layouts and designs to prioritize mixed- uses, shared parking, open space and landscaping, and more engaging built environments over large, underutilized parking lots. Request for Input - Staff requests that the City Council confirm that the proposed parking relief provision implements the intent of the adopted General Plan 2050. Definitions The Draft Zoning Code includes the addition and deletion of defined terms (Pages 22-47 of Attachment 2). Deleted terms are those that are nonexistent or are proposed to be no longer used terms within the Draft Zoning Code. Newly added terms are those that are needed to address terms where clarification is needed to implement the Code. Some of the most significant changes have been made to address changes in State Law or other regulatory framework, to ensure the Zoning Code terms are consistent with such requirements. Such terms include, but are not limited to accessory dwelling unit, alcoholic beverage (various types), income-restricted households (various types), etc. The definition section is also proposed to include new and updated graphics to explain the definitions more clearly. Keeping of Animals Changes are proposed to Code Section 17.28.030 “Standards relating to animal keeping” (Page 136-140 of Attachment 2) in response to community input received during the General Plan 2050 update. Figure 6 below summarizes the significant proposed changes proposed for the keeping of animals. Other, more minor changes may be reviewed in Section 17.28.030 of the proposed Code (Attachment 2). 33 Honorable City Council 05/17/2023 Regular Meeting Page 13 Figure 6 - Significant Changes to Animal Keeping Zoning Code Section Proposed Code Language 17.28.030.C Emergency Keeping of Animals In case of an emergency, with the approval of an administrative permit, conditional use permit, or approval of the community development director, any animal classified in Table 17.28.030B shall be kept in an approved zone, with a permit, for the duration of the emergency or relocation of the animal, but not exceeding fifteen (15) days. 17.28.030.D Keeping of Animals in Excess of Allowed on Parcels of 5 Acres or more 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 facilities; 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 provide 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. Table 17.28.030B Apiculture (Keeping of Bees) Table 17.28.030B Chickens, ducks, and game hens Table 17.28.030B Small animals kept as pets 34 Honorable City Council 05/17/2023 Regular Meeting Page 14 Request for Input - Staff requests that the City Council confirm that the proposed changes to keeping of animal requirements implements the intent of the adopted General Plan 2050. Administrative Clarifications The Draft Zoning Code includes a variety of “clean-up” changes to address duplication, redundancy, and discrepancies throughout various sections or chapters of the Code. Many changes are also proposed to address changes in regulatory requirements made by state or federal law. Minor changes also include corrections for spelling or references. PUBLIC COMMENT On March 21, 2023, the City hosted a Zoning Code Update Workshop for presentation and discussion of the proposed updates. City staff presented a presentation on the format of the proposed update and summarized significant changes within the draft Zoning Code and Zoning Map. Staff engaged in focused one-on-one discussions with approximately 15 members of the public regarding the proposed changes to the Code. On March 10, 2023, the City released the Draft Zoning Code and Zoning Map for public review and comment. The public review period was open for 45 days and closed on April 24, 2023. Written comments were submitted to the City via email. A total of 31 comments were provided during this time frame. A Public Comment Summary Table (Attachment 5) was prepared to summarize the comments and suggestions made by the public. Staff is currently considering the public comments and how certain suggestions might be addressed prior to presenting the revised draft to Planning Commission and City Council for adoption. Although the public comment period closed on April 24, 2023, staff continues to receive comments and will work to address concerns as they come in. Public comments will also be considered at future hearings by Planning Commission and City Council to consider the adoption of the Zoning Code and Zoning Map Update. ENVIRONMENTAL DETERMINATION No environmental impacts are associated with this study session/report. A Program Environmental Impact Report (EIR) was prepared in coordination with the General Plan 2050 Update, which was adopted on May 3, 2023. 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). The Program EIR (State Clearinghouse Number 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. The Draft Zoning Code and Zoning Map implement 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. Therefore, the impacts 35 Honorable City Council 05/17/2023 Regular Meeting Page 15 associated with the proposed changes are within the scope of those analyzed by the Program EIR and are found consistent and conforming to the General Plan 2050. The proposed amendments to the Zoning Code and Zoning Map are within the scope of the Program EIR for the General Plan 2050 and not further environmental review is required. Future projects will be evaluated for potential impacts on the environment pursuant to CEQA. FISCAL IMPACT The implementation of the Zoning Code would not have a direct fiscal impact on the City. The adoption of a Zoning Code and Map Update may have numerous indirect fiscal impacts based on proposed changes to zoning designations, land uses, and permit processes. It is foreseeable that new and redevelopment of vacant or underutilized property throughout the City would have a positive fiscal impact on the City, the business community, and its residents. COUNCIL GOAL COMPLIANCE The adoption of the Zoning Code Update is consistent with City Council Goal 1: “Identify Options and Solutions to Barriers for Housing for All Economic and Age Ranges” in that the Code amendments would reduce costs and time needed to entitle housing projects, would provide mixed-use zones that allow housing in expanded areas of the City, and expand the development of affordable housing through the Inclusionary Housing requirement. The Zoning Code Update is also consistent with City Council Goal 3: “Place an Emphasis on Economic Development with a Focus on Historic High Street to Enhance a Destination and Sense of Community”. Specifically, the Update helps achieve Goal 3 Objectives 3.7 to “Complete the Comprehensive General Plan Update, which will include elements dedicated to Land Use and Economic Development” and 3.8 “Identify permit streamlining measures that incentivize active uses along the High Street commercial corridor” by streamlining development review processes and rezoning the area to mixed-uses. FEEDBACK REQUESTED FROM CITY COUNCIL As noted, following each of the sections above, staff seeks to receive the City Council’s input on the more significant changes proposed to the Zoning Code and Zoning Map. The goal of the update is to implement the goals and policy direction of the 2050 General Plan and the City’s Vision Statement through the implementation of the proposed Zoning Code and Map. Although comments on any of the proposed changes are welcome, staff has highlighted significant topics below which were described in more detail throughout this report. 36 Honorable City Council 05/17/2023 Regular Meeting Page 16 Consolidated Residential Zones Permit Type Required New Industrial Flex Zone Development Standards – Height New Mixed-Use Zones Parking Relief Requirements Permit Streamlining Process Keeping of Animals PD Permit Thresholds NEXT STEPS Staff will continue to receive and address comments from the public and decision-makers, including those made at tonight’s meeting. An updated Public Hearing Draft of the Zoning Code will be presented prior to the Planning Commission and City Council hearings. Tentatively, the Planning Commission hearing is scheduled for June 22, 2023, and the City Council hearing is scheduled for July 5, 2023. STAFF RECOMMENDATION Receive presentation and provide comments regarding the Draft Zoning Map and Zoning Code Update. Attachment 1: Draft Proposed Zoning Map Attachment 2: Draft Zoning Code Attachment 3: Adopted General Plan Land Use Diagram Map Attachment 4: General Plan Land Use and Zoning Correspondence Table Attachment 5: Public Comments 37 ATTACHMENT 1 38 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 1 City of Moorpark Zoning Code Update Public Review Draft 03/10/2023 This document includes sections of the City of Moorpark Municipal Code that are proposed to be updated. Blue text and blue table cells indicate additions, while red and struck-through text and red table cells indicate deletions. ATTACHMENT 2 39 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 2 Chapter 1.10 CODE VIOLATIONS, PENALTIES AND ENFORCEMENT (All Content Displayed) • 1.10.010 Purpose. • 1.10.020 Code violations. • 1.10.030 Entitlement permit, other permit or license violations. • 1.10.040 Authority to issue criminal citations. • 1.10.050 Criminal prosecution. • 1.10.060 Misdemeanor penalties. • 1.10.070 Infraction penalties. • 1.10.080 Public nuisances. • 1.10.090 Administrative citations. • 1.10.100 Civil actions. 1.10.010 Purpose. The provisions of this chapter represent the general means and methods by which the city may secure compliance with the provisions of this code and city approvals, permits or licenses. The city may use any available legal remedy to secure compliance. Multiple enforcement remedies may be used to achieve compliance with respect to persons who commit continuing violations. (Ord. 340 § 1, 2006) 1.10.020 Code violations. A. It is unlawful for any person to violate any provision or to fail to comply with any requirement of this code. B. Whenever in this code any act or omission is made unlawful, it includes causing, permitting, aiding, abetting, maintaining, suffering or concealing the fact of such act or omission. C. Any person violating any of the provisions of this code may be prosecuted as an infraction punishable by fine, or as a misdemeanor and punishable by fine or imprisonment, or both, in accordance with Government Code Section 36900, et seq., unless the offense is specifically classified in this code or by state law as an infraction. All violations shall be a misdemeanor unless made an infraction by: (1) the city attorney filing a complaint in the municipal court specifying that the offense is an infraction; or (2) the issuing of a citation by an officer specifying that the violation is an infraction; or (3) the city attorney making a motion in court to reduce a misdemeanor to an infraction if such motion is made prior to the trial on the matter. D. Each day that any condition caused or permitted to exist in violation of this code constitutes a new and separate violation. E. The owner of any property, building or structure within the city is responsible for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is separately liable for violations committed by tenants or occupants relative to the use or condition of the property. F. The penalty provided in this section is in addition to other provisions of this code or other law. (Ord. 373 § 1, 2009; Ord. 340 § 1, 2006) 40 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 3 1.10.030 Entitlement permit, other permit or license violations. A. Each person or the successor of each person who holds an entitlement permit, a variance permit, or any other permit or license issued by the city shall comply with each provision of the permit or license and with each term that is imposed as a condition to the exercise of the permit or license. B. Each person or the successor of each person who receives a rezoning or subdivision approval shall comply with each provision of the approval and with each term that is imposed as a condition to the approval of the rezoning or subdivision. (Ord. 340 § 1, 2006) 1.10.040 Authority to issue criminal citations. Pursuant to California Penal Code Section 836.5, city code compliance officers, as defined in Section 1.16.020, are authorized to issue criminal citations following the procedures set forth in California Penal Code Sections 853.5 through 853.6a, or such other procedures as the state of California may subsequently enact. (Ord. 340 § 1, 2006) 1.10.050 Criminal prosecution. Pursuant to California Government Code Section 36900, the city attorney may prosecute any violation of this code in the name of the people of the state of California. (Ord. 340 § 1, 2006) 1.10.060 Misdemeanor penalties. Any person convicted of a misdemeanor for the violation of this code may be punished by the maximum fine or by imprisonment as established by Government Code Section 36901, or by the imposition of both such fine and imprisonment. (Ord. 373 § 2, 2009; Ord. 340 § 1, 2006) 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. (Ord. 373 § 3, 2009; Ord. 340 § 1, 2006) 1.10.080 Public nuisances. In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of this code is deemed a public nuisance and may be abated as such by the city in any manner provided by law or in this code for the abatement of a nuisance. (Ord. 340 § 1, 2006) 1.10.090 Administrative citations. Upon a finding by a city official vested with the authority to enforce the provisions of this code that a violation exists, such official may issue an administrative citation under Chapter 1.16. (Ord. 340 § 1, 2006) 1.10.100 Civil actions. The city attorney, at the direction of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition found to be in violation of this code or any approval, order, rule or regulation issued by any duly authorized officer or agent of the city in the manner provided by law. The prevailing party in any such civil action will be entitled to recovery of attorneys’ fees and costs incurred in such action. (Ord. 340 § 1, 2006) 41 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 4 Chapter 5.64 STREET VENDOR PERMIT Note 5.64.010 Definitions. 5.64.020 Street vendor permit required. 5.64.030 Street vendor permit application. 5.64.040 Street vendor permit fee. 5.64.050 Street vendor permit approval authority. 5.64.060 Permit content. 5.64.070 Street vendor permit multiple businesses. 5.64.080 Street vendor permit identification card required. 5.64.090 Hours of operation and location restrictions. 5.64.100 Vehicle tags and parking restrictions. 5.64.110 Revocation of permit. 5.64.120 Appeal of authority’s revocation decision. Note * Prior ordinance history: Ords. 60, 169. 5.64.010 Definitions. Any word or phrase not defined in this chapter shall be used as defined in Chapter 1.04.110 of the Moorpark Municipal Code; if the word or phrase is not defined in Chapter 1.04.110; the word shall be as defined elsewhere in the Moorpark Municipal Code; if the word is not defined in the Moorpark Municipal Code the word shall be used as defined in Webster’s Unabridged Dictionary, latest edition. “The authority” means the community development director or his or her designee. “Hawker” means a peddler who carries goods for sale and seeks purchasers either by shouting or by attracting notice and attention to the goods for sale by bells, the sound of a horn, or other means. “Nonprofit organizations” means a nonprofit corporation that has obtained recognized state or federal tax exempt status. “Peddler” means any person who goes from house to house or from place to place seeking to make concurrent sale and delivery of the goods, wares and merchandise of any nature whatsoever. “Solicitor” means a drummer or canvasser or any other person who goes from place to place or from house to house taking or attempting to take orders for the sale of goods, wares or merchandise of any nature whatsoever for future delivery or services of any nature whatsoever to be furnished or 42 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 5 performed in the future, whether or not such individual has a sample and whether or not he or she is collecting advance payments. “Street vendor” is a generic term that includes all hawkers, peddlers, solicitors, transient merchants, and itinerant merchants as defined herein. “Transient or itinerant merchant” is any person who establishes himself or herself in business with the intention to remain in business for a short period of time only, whether such period is a definite or indefinite one, or until a particular stock of goods, wares or merchandise is disposed of, or until the local market for the goods, wares or merchandise handled by the dealer has been exhausted, and who for such limited period engages or occupies a building or other place for the exhibition and sale of the goods, wares or merchandise. “Vehicle” is any cart, automobile, truck or other similar wheeled device, motorized or not, used for the purpose of assisting a street vendor in conducting his or her business. (Ord. 366 § 1 Exh. G, 2007) 5.64.020 Street vendor permit required. Prior to engaging in street vending a person wishing to operate as a street vendor consistent with the definition in Section 5.64.010 must obtain a street vendor permit, regardless of whether or not the person maintains or is employed at an established place of business. Each person of the business must obtain a street vendor permit. Nonprofit organizations may operate under one (1) single license regardless of the number of street vendors which the organization may have. The provisions of this chapter shall not apply to wholesale salespersons selling or soliciting to established places of business. (Ord. 366 § 1 Exh. G, 2007) 5.64.030 Street vendor permit application. A street vendor permit application must be submitted to the city in writing on the city’s application form and must include, but not be limited to the following: A. Name and description of the applicant or organization with proper identification; B. Permanent home address of the applicant and the address of the organization; C. Nature of the business to be conducted; D. Name and address of the employer, or individuals designated as street vendors if any; E. Statement as to whether or not the applicant has been convicted of a violation of this chapter, any felony or misdemeanor involving moral turpitude or a violation of any narcotics law, exclusive of all city or county ordinance violations and violations of the Vehicle Code not constituting a felony; F. Statement as to the number of vehicles to be used in conducting the business including the model, year and vehicle license number(s); G. Nonprofit organizations must provide a copy of the organization’s federal or state tax exemption status; H. The required fee. (Ord. 366 § 1 Exh. G, 2007) 43 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 6 5.64.040 Street vendor permit fee. The fee for obtaining a permit required by this chapter must be established by resolution of the city council. Nonprofit organizations must meet the requirements of the chapter except that they may be exempted from the payment of the permit fee, or any portion thereof, if the city council so provides for an exemption in the fee resolution. Fees are payable to the issuing authority upon acceptance of the application. (Ord. 366 § 1 Exh. G, 2007) 5.64.050 Street vendor permit approval authority. If the authority finds that the application complies with all the requirements of this chapter and has not been convicted of convicted of a violation of this chapter, any felony or misdemeanor involving moral turpitude or a violation of any narcotics law, exclusive of all city or county ordinance violations and violations of the Vehicle Code not constituting a felony, the permit must be approved. The authority must approve or deny the application in no more than fifteen (15) calendar days from the time the application is received. (Ord. 366 § 1 Exh. G, 2007) 5.64.060 Permit content. The permit must include, but not be limited to the following: A. Nature of the business to be conducted; B. Name of the permit; C. Place for which the permit is issued; D. Amount paid for the permit; E. Date of permit issuance; F. Date of permit expiration; G. Name of each person or company for whom the permittee will act or work. (Ord. 366 § 1 Exh. G, 2007) 5.64.070 Street vendor permit multiple businesses. A. Every person who is required to be permitted pursuant to this chapter must obtain a permit for each business if more than one (1) business is being conducted. B. A permittee shall not engage in any business not designated on the permit or engage in any business for an employer not designated on the permit. (Ord. 366 § 1 Exh. G, 2007) 5.64.080 Street vendor permit identification card required. Every person required to have a street vendor permit pursuant to this chapter must wear an identification card (hereafter called “card”) issued by the authority, while engaged in the business for which he/she is licensed. The card must be worn on the upper left hand portion of the torso, clipped or attached to the outer garment, and shall remain visible at all times. The card shall exhibit a front faced photograph of the person taken by city staff and pertinent permit information deemed appropriate by the authority. (Ord. 366 § 1 Exh. G, 2007) 44 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 7 5.64.090 Hours of operation, and location, and restrictions. A. Vendors must operate only between the hours of nine (9:00) a.m. to seven (97:00) p.m. Monday through SaturdaySunday, except as further restricted by Section 5.64.090(B). B. 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 eight (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 invitation 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 prominently displayed. (Ord. 366 § 1 Exh. G, 2007) E. Vendors are prohibited from operating within two hundred (200’) feet of an operating restaurant, café, or street vendor front door, and within five hundred (500’) feet of a special event or farmers market. 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. A. Every person requiring a permit by this chapter shall obtain a vehicle tag for each vehicle used in the business pursuant to Section 5.64.030(F). When the permit is issued, the authority must also issue tags. All vehicles for which tags are issued shall display the tag on the exterior lower rear right hand portion of the vehicle. B. The fee for each such tag shall be established by resolution of the city council. 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 thirty (3060) minutes in any one (1) location on any public 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 (¼) 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. (Ord. 366 § 1 Exh. G, 2007) 5.64.110 Revocation of permit. In order to revoke the permit of any street vendor, the authority shall provide written notice to the permittee of the purpose, time and location of the office hearing. The notice shall be given by deposit in the United States mail or by personal delivery at least ten (10) calendar days prior to the hearing. At the office hearing, which may be continued from time to time, the authority shall hear and consider all relevant evidence including, but not limited to, any written or oral testimony. After conducting an office 45 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 8 hearing, the authority may revoke the permit of any street vendor that is found to have provided false application information, has been convicted of a misdemeanor violation of this chapter, or is found not to be in compliance with the requirements of this chapter. The authority’s decision to either revoke or sustain the permit must be made within ten (10) calendar days of the hearing. A copy of the authority’s revocation decision shall be served upon the permittee by United States mail or by personal delivery. The decision shall be deemed received upon the third (3rd) calendar day after deposit in the United States mail or upon personal delivery. (Ord. 366 § 1 Exh. G, 2007) 5.64.120 Appeal of authority’s revocation decision. A. The decision of the authority to revoke the permit of any street vendor may be appealed to the city manager. The appeal shall be made in writing and filed with the city clerk, along with the applicable fee as set by city council resolution, within ten (10) calendar days following receipt of the written revocation decision from the authority. B. The city manager or his or her designee shall, upon receipt of such appeal, set the matter for a hearing not less than ten (10) calendar days or more than thirty (30) calendar days following the filing of the appeal. Notice of hearing shall be given by deposit in the United States mail or by personal delivery at least ten (10) calendar days prior to the hearing. C. At the time and place of hearing, the city manager or his or her designee shall hear and consider all relevant evidence including, but not limited to, the report of the authority and any written or oral testimony. The hearing may be continued from time to time. D. Upon the conclusion of the public hearing, the city manager or his or her designee shall, on the basis of the evidence presented at the hearing, determine whether the street vendor’s license shall be revoked. A copy of said decision shall be served upon the permittee by United States mail or by personal delivery. The determination of the city manager or his/her designee is final. (Ord. 366 § 1 Exh. G, 2007) 46 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 9 Chapter 8.14 GRAFFITI • 8.14.010 Purpose. • 8.14.020 Definitions. • 8.14.030 Unlawful to apply graffiti. • 8.14.040 Remedies. • 8.14.050 Furnishing graffiti implement to minors prohibited. • 8.14.060 Possession of graffiti implement by minors. • 8.14.070 Parental civil liability. • 8.14.080 Possession of graffiti implements in public places. • 8.14.090 School exception for graffiti implements. • 8.14.100 Restriction on storage of graffiti implements. • 8.14.110 Sign required. • 8.14.120 Reward. • 8.14.130 Nuisance. • 8.14.140 Prohibition against maintaining graffiti on privately-owned property. • 8.14.150 Expenditure of public funds. 8.14.010 Purpose. The purpose of this chapter is to reduce and eliminate incidents of graffiti and to provide for the prompt abatement of graffiti from public and private properties in the city and to regulate the sale and possession of materials used in acts of graffiti. The city council finds that unwanted graffiti on public and private properties is inconsistent with the city’s aesthetic standards, and unless it is quickly removed from public and private properties, other properties soon become the target of graffiti. Graffiti on public and private properties encourages other acts of malicious vandalism, and depreciates the value of the adjacent and surrounding properties. Further, the city finds and determines that graffiti is obnoxious and a public nuisance, affecting the health, safety, and public welfare of the city’s residents. The existence of graffiti tends to breed community discontentment and criminal activity. The unlawful placement of graffiti on public and private properties is often committed by minors using aerosol and pressurized containers of paint, broad-tipped markers and pens, glass etching tools, etching cream, and slap tags. The public’s interest, convenience and necessity require the adoption and implementation of the provisions of this chapter. (Ord. 400 § 1, 2011) 8.14.020 Definitions. Unless the context otherwise requires, the definitions in this section shall govern the construction of this chapter. “Aerosol paint container” means any aerosol or pressurized container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, or other substance capable of defacing property. “Etching cream” means any caustic cream, gel, liquid, or solution capable, by means of chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid. 47 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 10 “Glass etching tool” means any etching tool or glass cutter. “Graffiti” means any unauthorized inscription, word, figure, character or design that is marked, etched, scratched, drawn, affixed by a slap tag, or painted on any structural component of any building, structure, post, pole, or other facility regardless of the nature of the material of that structural component. “Graffiti implement” means an aerosol paint container, an indelible marker, a glass etching tool, or etching cream capable of scarring glass, metal, concrete or wood. “Indelible marker pen” means any indelible marker, felt tip marker or similar implement containing non-water soluble fluid and has a flat, pointed or angled writing surface of one-eighth (1/8) inch or greater. “Minor” means a person under eighteen (18) years of age. “Responsible adult” means a parent or legal guardian of a minor. “Slap tag” means any material such as, but not limited to, decals, stickers, posters, or labels which may be affixed upon any structural component of any building, structure, post, pole, or other facility, which contains a substance commonly known as adhesive glue. (Ord. 400 § 1, 2011) 8.14.030 Unlawful to apply graffiti. It is a violation of this chapter for any person to apply graffiti to any trees or structures including, but not limited to, buildings, walls, fences, poles, signs, sidewalks, and other personal property or paved surfaces located within the city. (Ord. 400 § 1, 2011) 8.14.040 Remedies. A. Civil Remedies. 1. Any person, responsible adult, firm, or corporation who violates any provision of this chapter shall be responsible for payment of the costs of investigation, removal of graffiti, the amount of any reward paid pursuant to Section 8.14.120, and all attorneys’ fees and legal costs incurred in any civil proceeding in a court of law. 2. Any person, responsible adult, firm, or corporation who violates any provision of this chapter shall be subject to fines and/or other penalties in accordance with Chapter 1.16, Administrative Citations, of the Moorpark Municipal Code. The amount of civil fines or penalties assessed pursuant to this chapter shall be established by resolution of the city council, and shall cover the costs associated with the costs of investigation, removal of graffiti, the amount of any reward paid pursuant of Section 8.14.120, and all attorney’s fees and legal costs incurred in any civil proceedings in a court of law. a. In the event a minor is assessed a civil fine or penalty, the minor may perform community service and pay city administrative fees, if any, as an alternative to paying the civil fine or penalty with prior written consent and approval from the city manager or designee. The number of community service hours required to satisfy a civil penalty shall be as specified in the resolution establishing the amount of civil fines or penalties for this chapter adopted by the city council. 48 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 11 b. A responsible adult who is assessed a civil fine or penalty may also request that the minor serve the required hours of community service as described in subsection (A)(2)(a), and pay city administrative fees, if any, as an alternative to paying the applicable civil fine or penalty. c. The city manager or designee shall retain the discretion to approve the community service suggested by the minor or responsible adult. Upon approval of a written community service agreement by the city manager or designee and the responsible adult, to perform community service, the minor shall complete the required community service hours within one (1) year of approval, and shall submit proof of completion to the city manager. Failure to receive approval to perform community service or failure to complete the required hours of service shall result in imposition of the applicable civil fine or penalty, which is immediately payable. No reduction in the fine or penalty is authorized for completion of less than the required hours of community service as set forth in subsection (A)(2)(a). B. Administrative Abatement. The city may pursue any violation of this chapter through the administrative abatement process pursuant to Chapter 1.12, Nuisances, of the Moorpark Municipal Code and recover all costs incurred pursuant to that chapter. C. Criminal Penalties. Any person, firm, or corporation who violates, permits, or causes to violate any provision of this chapter, or who fails to comply with any of the requirements of this chapter, shall be guilty of a misdemeanor, punishable up to the maximum fine or imprisonment authorized under California Government Code Section 36901 and as it may be subsequently amended; or by the imposition of both such fine and imprisonment. (Ord. 400 § 1, 2011) 8.14.050 Furnishing graffiti implement to minors prohibited. It is unlawful for any person, other than a responsible adult, or a school teacher for purposes of instruction, to knowingly sell, exchange, give, loan or in any way furnish to any minor a graffiti implement, except on the premises of a lawful business and when used for the purposes of that business. (Ord. 400 § 1, 2011) 8.14.060 Possession of graffiti implement by minors. It is unlawful for any minor to have in his or her possession a graffiti implement while upon public or private property without the consent of the owner, lessee or operator of such property. (Ord. 400 § 1, 2011) 8.14.070 Parental civil liability. A. Pursuant to Civil Code Section 1714.1, any act of willful misconduct of a minor which results in the placement of graffiti shall be imputed to the minor’s responsible adult for all purposes of civil damages, including all attorney’s fees and court costs incurred in connection with the civil prosecution of any such claim for damages. The responsible adult shall be jointly and severally liable with the minor for any and all civil fines, penalties, damages and costs, up to the maximum amount allowable by law, for each chargeable act of the minor. B. This section in no way limits or narrows the liability of a responsible adult for acts of a minor pursuant to Civil Code Section 1714.1, Government Code Section 53069.5, Penal Code Section 640.5 or any other applicable provision of law. (Ord. 400 § 1, 2011) 49 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 12 8.14.080 Possession of graffiti implements in public places. It is unlawful for any minor to have in his or her possession a graffiti implement while in any public street, park, playground, swimming pool, recreational facility or other public place. The provision of this section shall not apply to an authorized employee of the city, a public agency, or private utility, or an authorized employee of a person under contract with the city, a public agency, or private utility in the performance of official duties that necessitate the use of a graffiti implement. (Ord. 400 § 1, 2011) 8.14.090 School exception for graffiti implements. Notwithstanding any other provision of this chapter, it is lawful for any person to possess a graffiti implement while the person is attending, or traveling to or from a school at which such person is enrolled, if the person is participating in a class at such school, which has, as a class requirement, the need to use such a graffiti implement. (Ord. 400 § 1, 2011) 8.14.100 Restriction on storage of graffiti implements. Every person who owns, conducts, operates or manages a retail commercial establishment selling graffiti implements shall store or cause such graffiti implements to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale of such graffiti implements. (Ord. 400 § 1, 2011) 8.14.110 Sign required. Any person who owns, conducts, operates or manages a retail commercial establishment which offers for sale or sells graffiti implements shall display at the location of retail sale of such graffiti implements a sign, in letters at least three-eighths (3/8) of an inch high, clearly visible and legible to customers which states as follows: IT IS UNLAWFUL FOR THIS BUSINESS TO SELL OR GIVE TO ANY INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS ANY AEROSOL PAINT CONTAINER, INDELIBLE MARKER PEN, ETCHING CREAM, OR GLASS ETCHING TOOL. (Ord. 400 § 1, 2011) 8.14.120 Reward. The city council may authorize the offer of rewards for information leading to the arrest and conviction of any person for a violation of any provision of this chapter. The amount of any such reward and the procedures for claiming the reward shall be established, from time to time, by the city council. (Ord. 400 § 1, 2011) 8.14.130 Nuisance. It is declared that the existence of graffiti on any building, structure, fence or landscaping is a public nuisance, affecting the health, safety, and public welfare of the city’s residents, and shall be abated as such as provided in this code. (Ord. 400 § 1, 2011) 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 five seven (75) days after written notice from the city is served to remove the same, except as provided in subsection B of this section. 50 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 13 B. It is unlawful for the owners and/or persons in possession of property used for a single-household or two (2) household (duplex) residence to permit graffiti to remain on such property for more than twenty-oneseven (721) 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. C. When paint is used to cover graffiti on private property, paint matching the original surface color of the damaged 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. (Ord. 423 § 2, 2013; Ord. 400 § 1, 2011) 8.14.150 Expenditure of public funds. This city council has determined that the continued existence of graffiti on buildings, structures, fences or landscaping within the city is obnoxious and a nuisance, and has the effect of encouraging the placement of more graffiti at the same location as well as on adjacent buildings, structures, fences, landscaping or other surfaces. The prompt removal of graffiti is necessary to prevent the proliferation of graffiti. Accordingly, the city may use city funds to remove graffiti from publicly or privately owned real property within the city. At the city’s discretion, such removal shall be performed by the city only after a finding by the city manager that the graffiti is located on public or privately owned permanent structures located on public or privately owned real property within the city and, if on private property, after securing the consent of the owner or other person entitled to possession of the property. (Ord. 400 § 1, 2011) Article IV. Weight Limits (All Content Displayed) • 10.04.280 Truck routes—Signposting. • 10.04.290 Truck routes—Use required. • 10.04.300 Commercial vehicles in residential areas. 10.04.280 Truck routes—Signposting. Whenever this code designates and describes any street, or portion thereof, as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three (3) tons, the city engineer is authorized to designate such street or portion thereof by appropriate signs as truck traffic routes for the movement of vehicles exceeding a maximum gross weight limit of three (3) tons. (Ord. 20 § 1, 1984) 10.04.290 Truck routes—Use required. A. When any such traffic routes are established and designated by appropriate signs, no person shall drive or park any vehicle exceeding a maximum gross weight limit of three (3) tons on any street or portion thereof, except those streets so designated as truck traffic routes; provided, however, the provisions of this article shall not prohibit the uses set forth in Sections 35703 and 35704 of Article 4 of Chapter 5 of Division 15 of the Vehicle Code of the state. 51 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 14 B. The provisions of this article shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission of the state. (Ord. 20 § 1, 1984) 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 (10,000) 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 section, “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 sharing is not a commercial vehicle. (Ord. 140 § 3, 1991; Ord. 53 § 1, 1985; Ord. 20 § 1, 1984) 52 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 15 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 existing-single family zoned lot into two new parcels. 16.60.020 Approving authority. The approving and appeal authority for urban lot splits shall be the City Engineer. 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: 1) Be located within a single-family residential zone (O-S, A-E, R-A, R-E, R-L, R-1, and R-O); 2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code Section 65913.4, as described below: a) Not be located within a Very High Fire Hazard Severity Zone; 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); 53 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 16 g) Not be located on lands identified for conservation in an adopted natur al 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. 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. Further, a parcel is not eligible for an urban lot split if the subdivision would require demolition or alteration of: 1. 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 pursuant 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. 54 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 17 E. Dedications and easements. Easements may be required to convey public utilities, access, and other services. Right-of-way dedication and offsite improvements shall not be required, except in connection with a building permit. 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. 16.60.050 Procedure. A. Urban Lot Split. The applicant for an urban lot split shall first sub mit for Urban Lot Split approval from the Planning 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 Engineer 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. D. Effective date and time limits. 1. 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. 55 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 18 C. The notice shall identify: 1. 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 complies 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 development (17.28(H) Noticing). E. A final parcel map for an urban lot split shall not be recorded until such time as the abov e noticing has been completed. 16.60.070 Additional requirements. A. Two units. A maximum of two primary residential units may be permitted on a parcel created through an urban lot split, with a maximum of four primary residential units may result on the resulting two parcels created through the urban lot split. Accessory dwelling units or junior accessory dwelling units are not considered a primary residential unit. Refer to Zoning Code Section 17.28.020 for regulations related to Two-unit Residential developments, ADUs or JADUs. 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 subdivision in perpetuity. 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. 1. 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. 56 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 19 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 unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applicatio ns 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. 57 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 20 Chapter 17.04 AUTHORITY, PURPOSE AND APPLICATION • 17.04.010 Adoption and title of chapter. • 17.04.020 Purpose of title. • 17.04.030 Applicability of the zoning ordinance. • 17.04.040 General prohibitions. • 17.04.050 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 limited to, the Government Code and the Public Resources Code. This chapter shall be known as the “Zoning Ordinance.” (Ord. 189 § 3 (8101-0), 1994) 17.04.020 Purpose of title. The text (including tables and matrices) and zoning map contained in this chapter constitute the comprehensive zoning regulations for the city and are adopted to protect and promote the public health, safety and general welfare; to provide the environmental, economic and social advantages which result from an orderly, planned use of resources; to establish the most beneficial and convenient relationships among land uses; and to implement the city’s general plan. (Ord. 189 § 3 (8101-1), 1994) 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: 1. 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. (Ord. 189 § 3 (8101-2), 1994) 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 limitations prescribed by this chapter as applicable to the same zone or subzone in which such use, structure or land is located. B. 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. 58 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 21 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. (Ord. 189 § 3 (8101-3), 1994) D. No person shall inhabit a vehicle, 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. B. Interference. It is not intended by this chapter to interfere with, abrogate or annul any easement, covenant or other agreement between parties. 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 dictionaries 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 approval 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 number 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, unless otherwise so expressly stated in the applicable standard. 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. (Ord. 189 § 3 (8101-4), 1994) 59 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 22 Chapter 17.08 DEFINITIONS • 17.08.010 Application of definitions. 17.08.010 Application of 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 property without the expressed or implied consent of the property owner or person in lawful possession or control of the property 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)” means an attached or detached residential dwelling unit on a lot with an existing single-family dwelling where the ADU provides complete independent living facilities for one (1) or more persons, including permanent provisions of living, sleeping, eating, cooking and sanitation. An attached ADU includes an ADU located within the living area of the existing single-family dwelling where “living area” means the interior habitable area of a dwelling unit including basements and attics but does not include garage or any accessory structure. (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 provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (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. 60 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 23 “Accessory industrial hemp ingredient processing” means an accessory use whereby prepared industrial hemp ingredients 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 subordinate 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 adjacent 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 process 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, wine” means an alcoholic beverage made from fermented grape or other fruit juice. See also Business and Professions Code Section 23007. “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. “Alley” means a thoroughfare not more than thirty (30) feet wide, other than a public road or street, permanently reserved as a secondary means of access to abutting property. 61 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 24 “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 limited to, auditoriums, billiard and pool establishments, bowling alleys, community centers, dancehalls, golf driving ranges, 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, including 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 Miniature 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 community 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 lagomorphs, reptiles, amphibians, and fish which are customarily kept for pleasure. 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 Ventura 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 (1) 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. 62 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 25 “Arcade” means a commercial amusement establishment containing four (4) or more game machines, electronic or otherwise, or similar amusement devices. “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 dispensing automotive fuels and motor oil; the sale and service of tires, batteries and other automobile accessories and replacement 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 conjunction 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 (1) family in permanent residence wherein one (1) to five (5) sleeping rooms, and one (1) 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 house” means a residence or dwelling, other than a hotel, wherein three (3) or more rooms, with or without 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. “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. “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. 63 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 26 “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 processing services, coupon and trading stamp redemption services, drafting services, employment agencies, laminating of photographs, packaging services and telephone answering services. “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 enjoyment 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 opportunities for the enjoyment or appreciation of the natural environment. “Cannabis” means all parts of the plant Cannabis sativa Linaeus, 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: 1. 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. “Community care facility” 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 the following: adult day care facilities, Alzheimer’s day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long-term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life-threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, and therapeutic day services facilities “Caretaker” means an employee who must be on the property for a substantial portion of each day for security purposes 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. 64 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 27 “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. “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. “Clubhouse” means any building or premises used by an association of persons, organized for some common purpose, but not including a gun club or an association or group organized to render, purchase or otherwise make use of a service customarily carried on as a commercial enterprise. “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 Vehicle 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 receiving antennas, radar stations and microwave towers. “Community center” means a meeting place where people living in the same community may carry on cultural, recreational 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. “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, manufacturing and processing activities are specifically excluded. 65 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 28 “Day care educational facility” means a day care facility which provides the children with formal training to stimulate 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 disabled, nurseries for children of working parents, nursery schools for children under school age, parent cooperative nursery 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 development, 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 activity, 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 commission, 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 decision-making authority. “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 complete 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, building, plumbing, mechanical, or electrical permits, or certificates of occupancy to construct or change the use of a building, or property for residential, commercial, mixed, and/or industrial use. “Development project, Major” means any project that accounts for over 100,000 square feet of non- residential development and/or 200 residential units. 66 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 29 “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 (1) 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 of, or addiction to, a controlled substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania. “Distribution facility” see Transportation Services, Distribution Facility “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 activities 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, employed and working on the premises. “Dwelling, Employee housing” means any employee housing providing accommodations for six or fewer employees that shall be deemed a single-family structure with a residential land use designation. Dwelling, Farm Worker. “Farm worker dwelling” means a dwelling unit used by a farm worker, and his or her family, employed and working on or hired from the premises. Dwelling, Multifamily. “Multifamily dwelling” means a building, or portion of a building, containing three (3) 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, designed or used exclusively for occupancy by one (1) family and containing one (1) dwelling unit. Dwelling, Two-Family. “Two-family dwelling” means a building containing two (2) separate dwelling units. 67 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 30 “Dwelling unit” means one (1) or more rooms providing complete independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking and sanitation; but containing only one (1) set of kitchen-related fixtures capable of serving only one (1) kitchen for the exclusive use of one (1) family. “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person, and where no individual or household may be denied emergency shelter because of an 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 storage 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 following are not considered to be expansion: the addition of unenclosed porches, patio covers and the like; one (1) 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 50106, as it may be amended from time to time. “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 (1) 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. “Family day care home (small)” means a home which generally provides care, protection, and supervision of up to twelveeight (128) children, including children under the age of ten (10) years or fewer children, in the provider’s own home, for periods of less than twelve (12) hours per day, while the parents or guardians are away, and includes the following:. “Family day care home (large)” means a home which generally provides care, protection, and supervision of up to fourteen (14), including children under the age of ten (10) years in the provider’s own home, for periods of less than twelve (12) hours per day, while the parents or guardians are away. 68 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 31 1. “Large family day care home” which means a home which provides day care to seven (7) to twelve (12) children, inclusive, including children under the age of ten (10) years who reside at home. 2. “Small family day care home” which means a home which provides family day care to six (6) or fewer children, including children under the age of ten (10) years who reside at the home. “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, craft 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 commercially 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 cooperative, 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.) after compliance with the applicable requirements of the Subdivided Lands Act (California Business and Professions Code section 11000 et seq.) listed in the Inclusionary Housing Guidelines for any Residential Development including 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 conversions. 69 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 32 “Garden, Home” means property of a single-family or multifamily residence used for the cultivation of fruits, vegetables, 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. Consistency 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. “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. 70 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 33 “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 amusement and recreational facilities as defined in this chapter. “Hazardous material” means a substance, or combination of substances, which, because of its quantity or concentration, 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 physical, chemical or infectious characteristics may do either of the following: 1. 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 hazardous 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 hazardous waste management units, or combinations of those units. (Reference: Section 25117 California Health and Safety 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 running 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. 71 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 34 “Home occupation” means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, 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 Education 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 illnesses, injuries, or other conditions, physical or mental, calling for medical treatment or observation, including one (1) or more of the following basic services: anesthesia, laboratory, nursing, pharmacy, radiology, rehabilitation or surgery. “Hospital for large animals” means a facility providing acute veterinary care to horses or to cattle or other farm animals. “Hotel” means a building with one (1) main entrance, or a group of buildings, containing guest rooms where overnight lodging with or without meals is provided for compensation. “Industrial hemp” means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having 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. "In-lieu fee" means a fee paid by an Applicant, owner or Developer into the Inclusionary Fee Fund in lieu of providing on-site inclusionary housing as otherwise required by section 17.24.065. "Inclusionary 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 cultivation” means the planting, growing, harvesting, drying, curing, grading, or trimming of industrial 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, nutritional 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 convey or exchange for any form of consideration, industrial hemp product. Where the sale of 72 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 35 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. “Inoperative vehicle” means a vehicle which is not fully capable of movement under its own power or is not licensed 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 stations, 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 nonambulatory 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 convalescent homes. “Kennel (or cattery)” means any lot or premises where five (5) or more dogs or cats of at least four (4) months of age are kept, boarded, bred or trained, whether in special buildings or runways or not. 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 dyeing cloths or other materials. Typical uses include dry cleaning stores. “Liquor store” means a retail store selling primarily alcoholic beverages for offsite consumption. “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. 73 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 36 Lot, Corner. “Corner 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 requirements 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 Subdivision Map Act and the city subdivision ordinance and which can lawfully be conveyed as a discrete unit separate from any contiguous lot. Lot Line. 1. “Front lot line” means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner 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 (10) 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 corner lot” means a corner lot, the rear of which abuts the side of another lot. Lot, Through. “Through lot” means a lot other than a corner 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. “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 experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices 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. 74 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 37 "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. “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. “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. “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 quarries, 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 75 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 38 and safety, or the preservation of public facilities and structures. Said uses include such operations as cleaning out and aligning of channels and floodways, removing material to avert potential landslides, and accessory processing such as stockpiling, sorting, screening, washing, crushing and batching of on- site material. “Mixed Use, Horizontal” means development that allows for a combination of different uses within the same building side-by-side on the same property such commercial business adjacent to a residential use on the same property. “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 (1) 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 maintained, 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 application of this title: (1) 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. 76 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 39 “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 thereof. “OpenOutdoor or open storage” means the placement or keeping of materials, equipment or other items such as boats, inoperative vehicles and building materials, 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 generally related to personal needs such as barber shops, beauty salons and spas, personal laundry and dry cleaning establishments, pet grooming, and photography studios. These uses may also include accessory retail sales of products related to the services provided. “Petroleum refining” means oil-related industrial activities involving the processing and/or manufacture of substances 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. 77 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 40 “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, intellectual disabilities (formerly termed “mental retardation”), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current 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. “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 procedures 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. 78 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 41 “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: (1) 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 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 care facility” means a facility providing nonmedical care on a twenty-four (24) hour basis to people who are mentally ill, mentally handicapped, physically disabled, or elderly, or are dependent or neglected children, wards of the juvenile court, or other persons in need of personal services, supervision or assistance essential for sustaining the activities of everyday living or for protection of the individual. Included within this definition are “intermediate care facilities/developmentally disabled nursing” and “intermediate care facilities/developmentally disabled” with six (6) or fewer beds, and congregate living health facilities, pursuant to the Health and Safety Code. A facility is considered nonmedical if the only medication given or provided is the kind that can normally be self-administered. “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 rendered for nonpsychiatric convalescents, invalids and aged persons for compensation. 79 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 42 Excludes cases of contagious or communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums and hospitals. “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 recreational 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. “Roof structures” mean structures for the housing of elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, solar collectors, wireless masts, T.V. antennas and similar structures. “R-zone” means a zone classification under this title which contains the letter “R” in its abbreviation, excluding overlay zones. Schools, Boarding or Nonboarding. “Boarding or nonboarding schools” mean educational facilities for pre-college levels of instruction; specifically limited to elementary, junior high and high schools offering full curricula as required by state law. “Boarding schools” are those which provide lodging and meals for the pupils. “Setback” means the minimum distance by which structures are to be separated from the boundary lines of the lot on which they are located, in order to provide an open yard area which is unoccupied and unobstructed from the ground upward. Setback, Front. “Front setback” means an open yard area extending between side lot lines across the front of a lot, the depth of which is the required minimum horizontal distance between the front lot line and a line parallel thereto on the lot. Setback, Rear. “Rear setback” means an open yard area extending across the rear of the lot between the inner sitde lot lines which is the required minimum horizontal distance between the rear lot line and a line parallel thereto on the lot. 80 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 43 Setback, Side. “Side setback” means an open yard area extending from the front yardsetback, or the front lot line where no front yardsetback is required, to the rear yardsetback; the width of the required side yard setback shall be measured horizontally from the nearest part of the side lot line. Setback, Street Side. “Street side setback” means an open yard area extending from the front yard setback, or the front lot line where no front yard is required, to the rear yard setback or the rear yard line where a setback is not required; the width of the required street side setback shall be measured horizontally from the nearest part of the street side lot line. Shall and May. “Shall” is mandatory; “may” is permissive. “Sight triangle” means a triangular area on a corner lot, two (2) of the sides of such triangle being formed by extending two (2) imaginary lines from the corner of the lot adjacent to the street intersection at least forty (40) feet back to two (2) points along the sides of the lot parallel to the two (2) intersecting streets, the third side then being formed by the connection of such points. Signs. For sign definitions, see Chapter 17.40. 81 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 44 “Single-family dwelling” means a building or portion thereof designed or occupied exclusively for a one (1) family dwelling. “Single room occupancy (SRO) unit” means a housing unit in a multiple-unit building or facility consisting of a single room, with private or shared bath facilities, and with private or shared cooking facilities. “Site” means one (1) or more lots planned and developed as a unit under one (1) permit. “Sleeping quarters” means a space in a structure used for sleeping purposes. “Social Club” means any building or premises used by an association of persons, organized for some common purpose, such as for pleasure, recreation and other nonprofitable purposes for the benefit of their members, but not including a gun club or an association or group organized to render, purchase or otherwise make use of a service customarily carried on as a commercial enterprise. A social club may include clubhouses or service clubs. “Stepback” means the upper story portion of a building that is required to be setback at a specified distance from the story below. “Store” means an enclosed building housing an establishment offering a specified line of goods or services for retail sale direct to walk-in customers. “Story” means the portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. “Structural alteration” means any change in roof lines or exterior walls, or in the supporting members of a building such as foundations, bearing walls, columns, beams, girders, floor joists, roof joists or rafters. This includes any physical change which could affect the integrity of a wall, including partial or total removal, moving a wall to another location or expanding the wall in terms of height or length. Minor actions such as adding a doorway, walkway, passage or window, or attaching architectural features or adornments, are not considered to be structural alterations. “Structure” means anything constructed or erected on the ground, or that requires location on the ground, or is attached to something having a location on or in the ground. “Structure” does not include fences, or walls used as fences, less than six (6) feet in height, or plant materials. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. “Swap meet” means a market operating for the sale or exchange of merchandise at retail by a number of sellers. This does not include a “garage sale,” which is a sale from a residence or residential 82 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 45 property of personal property which has been owned or used previously by an individual or resident residing on the premises where the sale is conducted. “Tandem parking” means the placement of parking spaces one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, 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 ninety (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, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than 180 days require an AP. 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 requirements that require the termination of assistance and recirculating of the assisted 83 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 46 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 assistance. “Transportation demand management (TDM) 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 information. 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 transportation of goods and people for compensation, and which may in turn make use of other transportation establishments in effecting delivery. This definition includes parking lots for overnight truck storage, and such establishments as commercial distribution services of tangible goods, freight forwarding services and freight agencies. Facility typically engaged in no or negligible onsite retails sales. “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. “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 substations. “Valve Apparatus” means any flow control device used to handle and control the flow of gases 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 50105, as it may be amended from time to time. “Veterinary office or hospital” means a medical facility for small animals, like dogs, cats, birds, etc. 84 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 47 “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. “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. “Waste treatment and disposal” means public or private disposal facilities or transfer stations, operated for the purpose 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. “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 required, 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 requirements of the city’s zoning code and, if applicable, the conditions of any previously approved permit. (Ord. 499 § 3, 2022; Ord. 497 § 2, 2021; Ord. 464 § 3, 2018; Ord. 463 § 2, 2018; Ord. 449 § 3, 2017; Ord. 428 § 3, 2014; Ord. 420 § 3, 2013; Ord. 415 § 2, 2012; Ord. 398 § 3, 2011; Ord. 328 § 2, Exh. A, 2005; Ord. 278 § 3, 2002; Ord. 208 § 3, 1995; Ord. 200 § 3, 1994; Ord. 189 § 3 (1802-0), 1994) 85 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 48 Chapter 17.12 ESTABLISHMENT OF ZONES, BOUNDARIES AND MAPS • 17.12.010 Purpose and establishment of zones. • 17.12.020 Subzones. • 17.12.030 Uncertainty of zone boundaries. • 17.12.040 Establishment and changes of zone classifications. 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 following classes of use zones and their subzones are established: A. Open space (O-S) zone; B. Agricultural exclusive (A-E) zone; C. Rural agricultural (R-A) zone; D. Rural exclusive (R-E) zone; E. Single-family estate (R-O) zone; F. Single-family residential low (R-L) zone; GF. Single-family residential (R-1) zone; GH. Two-Medium density family residential (R-2) zone; I. Multifamily density residential (R-3) zone HJ. Residential planned development (R-P-D) zone; JK. Commercial office (C-O) zone; KJ. Neighborhood commercial (C-1) zone; LK. General commercial (C-2) zone; ML. Commercial planned development (C-P-D) zone; NO. Industrial Flex (I-F) zone; OM. Industrial park (M-1) zone; 86 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 49 PN. Limited industrial (M-2) zone; QO. Planned community (P-C) zone; RP. Specific plan (S-P) zone; SQ. Old town commercial (C-OT) zone; TR. Specific plan—downtown overlay (SP-D) zone; U. Mixed Use Low District (MUL) zone; V. Mixed Use Medium (MUM) zone; WV. Mixed Use District (MUD) zone; XS. Residential planned development 20 units per acre (non-discretionary) (RPD 20U-N-D) per Chapter 17.76. (Ord. 421 § 2, 2013; Ord. 247 § 1, 1998; Ord. 189 § 3 (8103-0), 1994) 17.12.020 Subzones. A. Lot Size Subzones. The size of lots created in each of the O-S, A-E, R-A, R-E, R-O, R-1 and, R-2, and R-3 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 general plan and Chapter 17.24. All other requirements of the zone contained in this title shall apply to the respective subzones. The suffix numbers shall only be assigned in one thousand (1,000) square foot increments for lots of less than one (1) acre and increments of one (1) acre for lots of one (1) acre or more. Unless designated as acres, suffix numbers from 1 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 various zones by this titleO-S zone. Where no suffix number appears, it is understood that the minimum lot size specified for that the O-S zone shall apply. B. Average Lot Size. The suffix “Av” may be added to any of the subzone designations listed in subsection A of this section (example: R-A-10Ac Av). When added to a given subzone designation, the Av suffix converts the lot size subzone suffix to an average size. When land is subdivided which has the Av suffix, lots may be created which are no smaller in area than eighty percent (80%) of the applicable subzone suffix number, provided the collective average size of the lots created is not smaller than that required by the applicable lot size subzone suffix (example: R-A-10Ac Av ´ 80 percent = 8Ac Av). In computing the collective average size of newly created lots, only those lots which are no larger than 1.9 times the subzone suffix number may be counted (example: R-A-10Ac Av ´ 1.9 = 19Ac as the size of the largest lots that can be counted). Lawfully created lots in the Av subzone, not smaller than eighty percent (80%) of the applicable subzone suffix number, are deemed to be conforming as to lot area. BC. Subzones for the R-P-D Zone. The general density in the R-P-D zone shall be in accordance with a subzone suffix which shall indicate the maximum number of dwelling units per acre, followed by the 87 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 50 letter “U.” The subzones for the R-P-D zone may be any number between R-P-D-1U and R-P-D-20U, although R-P-D-15U shall be the maximum residential density unless a density bonus is approved consistent with Chapter 17.64 and with Section 5.1 of the general plan land use element. The city council may grant a density bonus above the maximum residential density otherwise allowable by the applicable R-P-D zone designation and general plan land use element designation, not to exceed the density limit specified in the general plan land use element, to projects which provide housing for senior residents or families of very low or lower income as provided for in Chapter 17.64. (Ord. 189 § 3 (8103- 1), 1994) 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 locations of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing on such zoning map. C. Boundary Upon Street Abandonment. Where a public street or alley is officially vacated or abandoned the zoning 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 depicted on the zoning maps is still uncertain after application of the above rules, the director of community development is authorized to resolve the uncertainty. (Ord. 189 § 3 (8103-2), 1994) 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. (Ord. 304 § 2, Exh. A, 2004; Ord. 189 § 3 (8103-3), 1994) 88 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 51 Chapter 17.16 PURPOSES OF ZONES • 17.16.010 Purpose. • 17.16.020 Open space/agricultural zones. • 17.16.030 Rural residential zones. • 17.16.040 Urban residential zones. • 17.16.050 Commercial zones. • 17.16.060 Industrial zones. • 17.16.070 Special purpose zones. • 17.16.080 Overlay zones. • 17.16.090 Institutional zones. • 17.16.100 Mixed Use zones 17.16.010 Purpose. The categories and purposes of land use zones in the city are established as set out in this chapter. (Ord. 189 § 3 (8104-0), 1994) 17.16.020 Open space/agricultural zones. A. Open Space (O-S) Zone. The purpose of this zone is to provide for the conservation of renewable and nonrenewable 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. (Ord. 189 § 3 (8104-1), 1994) 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. Single-Family Estate (R-O) Zone. The purpose of this zone is to provide areas exclusively for single-family residential estates where a rural atmosphere is maintained by the allowing of a range of horticultural activities as well as animals for recreational purposes. (Ord. 189 § 3 (8104-2), 1994) 89 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 52 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. AB. 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. BC. Two-FamilyMedium Density Residential (R-2) Zone. The purpose of this zone is to provide for and maintain residential areas allowing two (2) single-family dwelling units or a two (2) family dwelling unit on lots which meet the minimum area requirements of this zone. CD. Multifamily Residential (R-3) Zone. The purpose of this zone is to provide for and maintain a mix of attached multifamily residential housing types. CDE. Residential Planned Development (R-P-D) Zone. The purpose of this zone is to provide areas for communities which will be developed utilizing modern land planning and unified design techniques; this zone provides a flexible regulatory procedure in order to encourage: 1. Coordinated neighborhood design and compatibility with existing or potential development of surrounding areas; 2. An efficient use of land particularly through the clustering of dwelling units and the preservation of the natural features of sites; 3. Variety and innovation in site design, density and housing unit options, including garden apartments, townhouses and single-family dwellings; 4. Lower housing costs through the reduction of street and utility networks; and 5. A more varied, attractive and energy-efficient living environment as well as greater opportunities for recreation than would be possible under other zone classifications. (Ord. 189 § 3 (8104-3), 1994) 17.16.050 Commercial zones. A. Commercial Office (C-O) Zone. The purpose of this zone is to provide suitable locations for offices and services 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 services that is not limited to meet the daily needs of the immediate neighborhood. 90 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 53 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 offices 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 coordination of uses within the downtown planning area. (Ord. 247 § 1, 1998; Ord. 189 § 3 (8104-4), 1994) 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 conjunction 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. (Ord. 189 § 3 (8104-5), 1994) C. Industrial Flex (I-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. Planned Community (P-C) Zone. The purposes of the P-C zone are: 1. To provide for the unified planning and diversified urban communities which reflect modern site design standards and concepts and incorporate a variety of uses, while providing for the separation of incompatible uses; 2. To encourage the provision of a broad range of community facilities, including recreational and commercial; and 3. To provide for flexibility in the design and development of such communities. BA. 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 91 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 54 of the specific plan area, consistent with the city’s general plan; and that the specific plan shall serve as the zoning regulations. (Ord. 189 § 3 (8104-6), 1994) 17.16.080 Overlay zones. A. The purpose of overlay zones is to superimpose particular zones on existing base zones, thus establishing additional 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 design standards and to control uses within the downtown core area. (Ord. 265 § 3, 1999; Ord. 247 § 1, 1998; Ord. 189 § 3 (8104-7), 1994) 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. (Ord. 189 § 3 (8104-8), 1994) 17.16.100 Mixed Use zones. A. Mixed Use Low (MUL) Zone. The purpose of this zone is to provides for neighborhood-serving goods and commercial services and/or multi-family residential in a mixed-use format (vertical or horizontal). Buildings in this designation 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 with an additional story in height 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 projects 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 subterranean. A model for the redevelopment of underutilized commercial centers. 92 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 55 Chapter 17.20 USES BY ZONE • 17.20.010 Purpose. • 17.20.020 Use of matrices. • 17.20.030 Uses not listed. • 17.20.040 Reserved. • 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones. • 17.20.060 Permitted uses in commercial and industrial zones. • 17.20.070 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. (Ord. 297 Exh. A, 2003) 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. (Ord. 297 Exh. A, 2003) 17.20.030 Uses not listed. Review of a use that is not shown in the matrices may be initiated by a written request to the community development director and payment of a review fee established by council resolution. The community development director shall review the proposed use within ten (10) calendar days and render a written decision based upon the findings below. A. The proposed use is similar in nature, character, and intensity to one or more of the listed uses. B. The review requirements for the proposed use shall be identical to those similar uses upon which the community development director has based the determination. If the community development director determines that the use is similar, the director shall inform the planning commission and city council of the director’s decision and incorporate the use in the next scheduled zoning ordinance amendment. The decision of the director is final unless appealed in accordance with Chapter 17.44. (Ord. 304 § 2 Exh. A, 2004; Ord. 297 Exh. A, 2003) 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 93 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 56 required for all residential development of tenfive (105) or more units. All uses, as applicable, shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations. Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES [Blank— ] = Not permitted Draft Note: Previous versions of this table used blank cells to indicate that a use was not permitted. In order to improve clarity, uses not permitted are now indicated by a dash. The presence of a dash does not indicate a change in permitted use, only a formatting change. P = Permitted(1) AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Temporary Use Permit CUP = Conditional Use Permit Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD 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 ZC ZC ZC ZC — — — — — — — — b. With structures of total gross floor areas per lot: — Less than 1,000 sq. ft. ZC ZC ZC ZC — — — — — — — — — 1,001—20,000 sq. ft. AP ZC AP — — — — — — — — — — 20,001—100,000 sq. ft. CUP AP — — — — — — — — — — — — >100,000 sq. ft. CUP — — — — — — — — — — — 2. Animal hospitals, for large animals CUP CUP CUP — — — — — — — — — 94 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 57 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD 3. Apiculture in accordance with Chapter 17.28 ZC ZC AP — — — — — — — — — 4. Crop production where no structures are involved ZC ZC ZC ZC — — — — — — — — 5. Greenhouses, hothouses and the like. Minimum property line setbacks shall be 20 feet. With a total gross floor area per lot: — Less than 1,000 sq. ft. ZC ZC ZC ZC — — — — — — — — — 1,001—20,000 sq. ft. AP AP AP AP — — — — — — — — — > 20,000 sq. ft. CUP CUP — — — — — — — — — — 6. Kennels and catteries (domestic) see Chapter 17.28 CUP CUP CUP CUP — — — — — — — — 7. Wholesale nurseries, tree farms and ornamental plant farms including container plants. Retail sales shall be limited to the requirements of(see Chapter 17.28). *Only allowed in these zones when within overhead electrical utility corridors. AP AP AP AP — — AP* — — — — — 8. Wildlife sanctuaries CUP CUP — — — — — — — — — — 9. Commercial cannabis activity except as provided in Table 17.20.050(D)(16) and (17) — — — — — — — — — — — — 10. Cultivation of industrial hemp — — — — — — — — — — — — 95 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 58 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD 11. Industrial hemp warehousing, and manufacturing and processing — — — — — — — — — — — — B. Residential Uses 1. Boardinghouses and bBed and breakfast inns —— CUP CUP CUP CUP CUP CUP CUP CUP CUP — — 2. Family day care homes and home schooling and transitional and supportive housing a.2. Small fFamily day care homes (small) serving up to 8 children within a single—family residence when found consistent with Section 1597.44 of the Health and Safety Code NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — — b.3. Large fFamily day care homes (large) serving up to 14 children within a single—family residence when found consistent with Section ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — — 96 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 59 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD 1597.465 of the Health and Safety Code c.4. Home schooling, including home teaching, home independent study, and individual instruction as defined by the Education Code, only involving provision of such services to residents of the property NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — NZCP d.5. Transitional and supportive housing when conducted in an existing housing unit (*subject to same zoning requirements and procedures as other residential uses of the same type in the same zoning district) NZCP* NZCP* NZCP* NZCP* P* NZCP* NZCP* NZCP* NZCP* NZCP* — — 3. Dwellings, single— family a. Standard construction, including manufactured housing consistent with Chapter 17.28 (for 105 or more homes constructed in the R— A, R—O, R—E, and R— 1 zones a planned development permit is required) AP AP AP AP AP AP AP AP AP AP — AP b. Less than 105 affordable or senior housing units when in compliance with Chapter 17.64 — — — — AP — AP AP AP AP — — c. Accessory dwelling units when in — ZCP ZCP ZCP P ZCP ZCP ZCP ZCP ZC ZC — 97 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 60 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD compliance with Chapter 17.28 4. Dwellings, two— family or two single— family dwellings on 1 lot a. Less than 105 dwelling units — — — — AP — — AP AP AP — — b. Less than 105 affordable or senior housing units when in compliance with Chapter 17.64 — — — — AP — — AP AP AP — — 5. Dwellings, multiple— family a. Less than 105 dwelling units — — — — AP — — — — AP — — b. Less than 105 affordable or senior housing units when in compliance with Chapter 17.64 — — — — AP — — — — AP — — c. Residential planned development 20 units per acre (non— discretionary planned development permit) pursuant to Chapter 17.76 — — — — — — — — — — — — 6. 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 accessory structures of 6 feet — — CUP CUP CUP CUP CUP CUP CUP CUP — CUP 98 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 61 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD 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 — AP AP AP AP AP AP AP AP AP — — 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 — — CUP CUP CUP CUP CUP CUP CUP CUP — — 2. Social clubsClubhouses with or without alcoholic beverage sales — — CUP CUP CUP — CUP CUP CUP CUP — — 3. Colleges and universities — — — CUP — — — — — — — — 4. Energy production from renewable resources CUP CUP CUP — — — — — — — — — 5. Governmental uses including, but not limited to, city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP — — 99 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 62 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD 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) AP AP AP AP AP AP AP AP AP AP — AP 7. Wireless communications facilities in accordance with the requirements of Chapter 17.42 a. Major wireless communications facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP — CUP b. Minor wireless communications facilities AP AP AP AP AP AP AP AP AP AP — AP c. Collocation wireless communications facilities (consistent with definition of “collocation facility” in Section 17.42.020) ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 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) ZC ZC ZC ZC ZC ZC ZC ZC ZC — — ZC D. Accessory and Miscellaneous Uses 1. Animal keeping as an accessory use when the primary use is residential in accordance with the 100 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 63 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD requirements of Chapter 17.28 a. Apiculture (*minimum lot size: five [5] acres) ZC ZC AP — — — — — — — — — b. Aviaries (*minimum lot size: five [5] acres) AP AP AP AP — — — — — — — — c. Farm animals including horses and ponies subject to the requirements of Chapter 17.28 NZCP NZCP NZCP NZCP P NZCP — — — NZC — — d. Pet animals are allowed in all zones subject to the requirements of Chapter 17.28 NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — NZCP e. Wild animals subject to the requirements of Chapter 6.24 AP AP AP — — — — — — — — — 2. Accessory structures a. Balcony, deck, patio covers, room additions, or storage sheds (Sheds and other similar structures as described in Chapter 17.24.025.A.7.bwhich are less than 120 sq.ft. and one story are Permitted) ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — — b. Fences and walls less than six (6) feet and retaining walls less than three (3) feet in height, paving and decks when constructed lower than thirty (30) inches above the immediate surrounding natural NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZCP — NZCP 101 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 64 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD grade. (No building permit required) 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 ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC d. Swimming, wading, ornamental pools, or spas where a building permit is required ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC e. Swimming, wading, ornamental pools, or spas where a building permit is not required NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — NZCP 3. Antenna or flag pole, ground mounted, non—commercial a. <35 feet high AP AP AP AP AP AP AP AP AP AP — AP b. >35 feet high CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP — CUP 4. Dwelling, caretaker AP AP AP AP AP AP AP AP AP AP — AP 5. Dwelling, employee housing ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 5. Dwellings, farm labor in accordance with the requirements of (see Chapter 17.28) ZC ZC ZC ZC — — — — — — — — 6. Home occupation when conducted in an existing single—family home and consistent with the requirements of Chapter 17.28 NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC — NZC 7. Maintenance and minor repair to ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 102 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 65 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD buildings involving structural alterations 8. Temporary motion picture, television, or still photography production (and related activities and structures) in accordance withsee Section 17.28.120) TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP 9. Mobilehomes or recreation vehicle as temporary dwelling on the site of an active building permit during construction TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP — TUP 10. Produce stands in compliance with the requirements of (see Chapter 17.28) ZC ZC ZC ZC — — — — — — — — XX. Garden, Community AP AP AP AP AP AP AP AP 11. Recreational facilities, non—profit or for profit, including, but not limited to, athletic fields, bicycle and skate parks, community centers, golf courses, gymnasiums, retreats, riding stables. Bicycle and skate parks shall be in compliance with Chapter 17.28 (Public park and recreation facilities are permitted in all zones and do not require a CUP or a ZC) CUP — CUP CUP CUP CUP CUP CUP CUP CUP — — 12. Storage of building materials in accordance with the requirements of Chapter 17.28 ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 103 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 66 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD 13. Storage, open, consistent with Chapter 17.28 NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — NZCP 14. Soil testing for wells, foundations, septic systems and similar construction NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — NZCP 15. Temporary uses, including, but not limited to, carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than 180 days require an AP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP — TUP 16. Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis from a patient’s primary caregiver to a qualified to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis businesses, as those terms are defined in state law, and transporting cannabis through the jurisdictional limits of the city for delivery to — — — — — — — — — — — — 104 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 67 (Ord. 497 § 2, 2021; Ord. 487 § 2, 2021; Ord. 465 § 3, 2018; Ord. 464 § 3, 2018; Ord. 463 § 2, 2018; Ord. 449 § 3, 2017; Ord. 447 § 3, 2017; Ord. 437 § 3, 2016, Ord. 436 § 3, 2016; Ord. 421 § 2, 2013; Ord. 420 § 3, 2013; Ord. 415 § 2, 2012; Ord. 396 § 2, 2011; Ord. 304 § 2, Exh. A, 2004; Ord. 297 Exh. A, 2003) Notes: 1. “Permitted” in the Carlsberg Specific Plan requires a zoning clearance. 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 construction of building floor area two thousand five hundredten thousand (2,50010,000) 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 industrial zones for any new construction of less than two thousand five hundredten thousand (2,50010,000) square feet of building floor area in a commercial 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 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U —N— D TPD 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) NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC NZCP NZCP 105 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 68 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 IN COMMERCIAL AND INDUSTRIAL ZONES Blank [—] = Not permitted. Draft Note: Previous versions of this table used blank cells to indicate that a use was not permitted. In order to improve clarity, uses not permitted are now indicated by a dash. The presence of a dash does not indicate a change in permitted use, only a formatting change. AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required P = Permitted5 TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F A. Retail and Service Uses 1. Adult businesses when in compliance with — — — — ZC ZC — ZC 106 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 69 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F Sections 17.24.040(N), 17.78.050 a nd Chapter 5.18 2. Alcoholic beverage sales for off— site consumption when in conjunction with another city— approved retail or service use other than automobile service station or liquor store a. Beer and/or wine (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) — AP3CUP AP3 AP3 AP3 AP3 — AP3 b. Beer, wine and other alcoholic beverages — AP 3 CUP AP 3 CUP AP 3 CUP AP3 CUP AP 3 CUP — AP 3 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) (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) — CUP AP* 3 — AP* 3 AP* 3 — — b. Car washes, self—service or automatic with or without automotive services stations — — CUP — CUP CUP — — c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting — — — — CUP CUP — — d. Parts and supplies — ZC ZC — ZC ZC — — e. Rental — — AP — AP AP — — f. Sales, with or without service and parts — — CUP — CUP CUP — — g. Service stations with or without mini—marts and with or without beer and wine sales for off—site consumption — — CUP — — CUP — — 4. Body piercing and/or tattoo AP AP CUPAP AP 5. Building supplies (*if within one hundred [100] feet of a — — AP* 3 CUPAP* 3 — CUPAP* 3 — CUPAP* 3 107 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 70 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F residentially zoned property a conditional use permit is required) 6. Hay and feed sales — — — CUP — CUP — CUP 7. Hotels, motels, boardinghouses and bed and breakfast inns when in compliance with Chapter 5.44 CUP CUP CUP CUP — — — CUP 8. Kennels and catteries (8 or fewer animals) — — — — CUPAP 3 CUPAP 3 — — Kennels and Catteries (9 or more animals) — — — — CUP CUP — — 9. Liquor stores (when located no closer than one thousand [1,000] feet of any other liquor store or public or private school) — CUP CUP CUP — — — CUP 10. Commercial cannabis activity — — — — — — — CUP 11. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an enclosed area — — AP — — — — CUP 12. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies kept in an enclosed area — — — — — AP — CUP 13. Pawnshops when in compliance with Chapter 5.32 — — AP — — — — — 14. Pest control services (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — — — AP* 3 AP* 3 — — 15. Private post offices, parcel services, copy centers ZC ZC ZC ZC — — — — 16. Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code (*if within 100 feet of a residentially zoned property a conditional use permit is required) APZC* 4 CUP CUPAPZC * 4 APZC* 4 — — — — — 17. Recreational vehicle storage yards when not located on parcels — — — — — CUP — — 108 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 71 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 18. Recycling centers — — CUP — CUP CUP — — 19. Recycling drop—off bins when located in an area determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation ZC ZC ZC ZC ZC ZC — ZC 20. Rental and leasing of large equipment with or without outdoor storage and repair (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) — — — — AP* 3 AP* 3 — — 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, camera/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 appliance 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 — ZC ZC ZC — — — ZC 109 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 72 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F studios, pool and spa sales and supplies, shoe stores, sporting goods and equestrian 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 distribution conducted within a Rretail sales establishment combined with limited distribution and/or warehousing not exceeding 40% of gross floor area of the building/tenant space in which it is located (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — AP*3 — — — — AP*3 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) — — — — AP AP — AP 24. Retail sales (temporary) in the M—1 and M—2 zones. Issuance of a temporary use permit shall take the place of a zoning clearance — — — TUP TUP — TUP 25. Thrift stores, secondhand shops, consignment stores when in compliance with Chapter 5.32 — — — AP AP — — — ZC 26. Tobacco sales (6) a. Retail smoking products stores, as defined in Chapter 8.32 — — CUP — — — — — b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments — AP AP AP — AP — — 110 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 73 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 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 — — — — — — — — 27. Industrial Hemp a. Industrial hemp product retail sales, stand—alone retail store (*consistent with the requirements of Chapter 17.28.080) ZC ZC ZC ZC — — — ZC 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) NZCP NZCP NZCP NZCP — — — NZCP B. Eating and Drinking Places 1. Bars with or without entertainment including, but not limited to, cocktail lounges, cabarets — — CUP CUP CUP CUP — ZC/CUP 2. Breweries, micro breweries, wineries/tasting rooms, distilleries, with or without restaurant and with or without outdoor seating and with or without entertainment — — CUP CUP CUP CUP — — AP 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on—site or off—site consumption in accordance with the restrictions below: a. With or without entertainment and with or without on—site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating (*if within 100 feet of a residentially zoned property a conditional use permit is required) — CUP AP* 3 AP* 3 AP* 3 AP* 3 — AP* 3 b. With drive—in or drive—through facilities (sale of alcoholic beverages from the drive—in or drive—through facilities is — — CUP — — — — — 111 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 74 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F prohibited) with or without outdoor seating (Only permitted in the CPD Zone) c. Outdoor dining when in compliance with section 17.28.135 (Outdoor dining located on public right—of—way shall be permitted with an Encroachment Permit in compliance with section 12.04) — AP AP AP AP AP — — C. Office and Professional Uses 1. Financial services a. Banks and other financial institutions, except those set forth below ZC ZC ZC ZC ZC — — ZC b. Check cashing, payday loan, and vehicle title loan establishments (Only permitted in CPD Zone) — — APZC — — — — — c. Automated/automatic teller machines (ATMs) ZC ZC ZC ZC AP — — AP 2. Laboratories: research and scientific ZC — ZC — ZC ZC — ZC a. Industrial hemp research and testing laboratory CUP — — — CUP — — CUP 3. Professional and administrative offices, including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment; medical, optical and related health services; planning services (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 ZC ZC ZC ZC ZC ZC — ZC 4. Veterinary offices and small animal hospitals — — — — — — — ZC 112 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 75 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F a. Without boarding (keeping of animals indoors and on—site for medical purposes shall not be considered boarding) ZCAP ZCAP ZCAP ZCAP ZCAP ZCAP — — ZC b. With boarding indoors or outdoors (8 or fewer animals) — — AP3CUP — AP3CUP APCUP — APCUP3 c. With boarding indoors or outdoors (9 or more animals) — — CUP — CUP CUP — — d. Animal rescue or animal shelter a. 8 or fewer animals — — AP*3 — AP*3 AP*3 — — b. 9 or more animals — CUP — CUP CUP — — 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) — — CUP — — — — — b. Massage establishments at day spas, salons, or similar uses with 3 or fewer massage stations, provided that less than 20% of the floor area is dedicated to massage services ZC ZC ZC ZC — — — CUP 6. Motion picture and television production — — CUP1 — CUP CUP — CUP D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster., and product fabrication — — — — — CUP — — 2. Distribution and transportation facilities — — — — CUP CUP — — 3. Heavy machinery repair, including trucks, tractors and buses — — — — — CUP — — 113 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 76 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 4. Manufacturing and ,assembly, and product fabrication 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 (*if within 100 feet of a residentially zoned property an administrative permit is required) — — CUP1 — ZC* 4 ZC* 4 — ZC* 5. Outdoor storage when in conjunction with a city approved use and when all storage is screened by an 8 6—foot high masonry wall or solid fence that is architecturally matched to the primary structure (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — CUPAP*3 — AP*3 AP*3 — AP*3 6. Self—storage or mini—storage when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling — — — — CUP CUP — — 7. Warehousing — — CUP1, 2 — APZC4 APZC4 — AZC4 P 8. Welding — — — — AP AP — — 9. Industrial hemp warehousing, and manufacturing and processing (*except that the process of combining prepared industrial — — — — — — — ZC 114 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 77 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 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 Chapter 17.08 a. Arcades (video and computer) and cyber cafés — ZCCUP ZCCUP ZCCUP — — — ZC 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 103,000 square feet APZC APZC APZC APZC ZC ii. over 103,000 square feet (*if within 100 feet of a residentially zoned property a conditional use permit is required) — AP* 3 AP* 3 AP* 3 AP* 3 — — ZC* 3 c. Auditoriums, community centers, dancehalls, banquet facility, event facility, and indoor motion picture theaters (Service of food or alcohol may require additional permits) CUP CUP CUP CUP CUP CUP CUP CUP d. Billiard and pool establishments, and bowling alleys, with or without alcohol — — CUPAP CUPAP — — — CUPAP e. Billiard and pool establishments, and bowling alleys, with alcohol — — AP*3 AP*3 — — — AP*3 2. Care facilities, including adult day care facilities, Alzheimer’s day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long—term health care facilities, residential care facilities for the elderly, residential care facilities for CUP CUP CUP — — — — — 115 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 78 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F persons with chronic life— threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, and therapeutic day services facilitiesCommunity care facility a. Community care facility, six or few persons. AP AP AP — — — — — 3. Emergency shelters in compliance with the requirements of (see Chapter 17.28) (*allowed in C—2 zone only, not permitted in CPD zone; emergency shelters are also allowed in conjunction with permitted places of religious assembly) — — ZC* — — — — — 4. Single room occupancy unit development in compliance with the requirements of Chapter 17.28 (*allowed in C—2 zone only, not permitted in CPD zone) — — ZC* — — — — — 5. SClubhouses, social clubs, service clubs with or without alcohol — — AP — CUPAP — CUPAP APCUP 65. Clubhouses, sSocial clubs service clubs with service of alcohol — — CUP — CUP — CUP CUP 76. Energy production from renewable resources — — — — — CUP CUP CUP 8. Energy storage within a building (not within a storage container) — — — — CUP CUP CUP CUP 9.7. Governmental uses including, but not limited to, city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities CUP CUP CUP CUP CUP CUP CUP CUP 108. Hospitals including urgent care (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) CUP — AP* 3 — AP* 3 — AP* 3 — 116 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 79 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 911. Places of religious assembly, with or without schools and/or social services, including emergency shelters i. up to 53,000 square feet CUP AP AP AP AP CUP CUP CUP ii. over 53,000 square feet (*if within 100 feet of a residentially zoned property a conditional use permit is required) CUP AP* 3 AP* 3 AP* 3 AP* 3 CUP CUP CUP 1210. Private education facilities including, but not limited to, colleges and universities, elementary, middle and high schools (*if within 100 feet of a residentially zoned property a conditional use permit is required) CUP CUP AP* 3 AP* 3 AP* 3 — CUP CUP 1311. Private training facilities including, but not limited to, professional and vocational schools, art and craft schools, music schools not part of a music store, and driver training schools (*if within 100 feet of a residentially zoned property a conditional use permit is required) CUP CUP AP* 3 AP* 3 AP* 3 — — AP* 3 1412. Recreational facilities, (private), 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 (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — AP* 3 AP* 3 AP* 3 — CUP AP* 3 1513. 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 zone clearance) AP AP AP AP AP AP AP AP 117 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 80 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 1614. Wireless communications facilities, in accordance with the requirements of Chapter 17.42 a. Major wireless communications facilities CUP CUP CUP CUP CUP CUP CUP CUP b. Minor wireless communications facilities AP AP AP AP AP AP AP AP c. Collocation wireless communications facilities (consistent with definition of “collocation facility” in Section 17.42.020) ZC ZC ZC ZC ZC ZC ZC ZC 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) ZC ZC ZC ZC ZC ZC ZC ZC F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP — ZC 2. Retail shops and services as listed in Table 17.20.060(A)(21) when the uses are determined by the community development director to be ancillary to office use of the property AP — — — — — — AP 3. Temporary motion picture, television, or still photography production (and related activities and structures) in accordance with Section 17.28.120 TUP TUP TUP TUP TUP TUP TUP TUP 4. Temporary uses including, but not limited to, carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than 180 days require an AP TUP TUP TUP TUP TUP TUP TUP TUP 5. Drive—through facilities associated with permitted uses in the zone other than eating and drinking places (Not allowed in C— 2 Zone) — — CUP — CUP — — CUP 118 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 81 Notes: 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. If within one hundred [100] feet of a residentially zoned property a Conditional Use Permit is required 4. If 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. (Ord. 499 § 3, 2022; Ord. 497 § 2, 2021; Ord. 487 § 2, 2021; Ord. 465 § 3, 2018; Ord. 463 § 2, 2018; Ord. 447 § 3, 2017; Ord. 437 § 3, 2016; Ord. 436 § 3, 2016; Ord. 424 § 3, 2013; Ord. 415 § 2, 2012; Ord. 398 § 4, 2011; Ord. 396 § 2, 2011; Ord. 361 § 1 Exh. A, 2007; Ord. 360 § 2 Exh. A, 2007; Ord. 304 § 2, Exh. A, 2004; Ord. 297 Exh. A, 2003) 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 residential planned development permits. In addition to the entitlements required by Table 17.20.070, a planned development 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). 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 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 6. Cultivation of industrial hemp — — — — — — — — 119 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 82 — = Not permitted. Draft Note: Previous versions of this table used blank cells to indicate that a use was not permitted. In order to improve clarity, uses not permitted are now indicated by a dash. The presence of a dash does not indicate a change in permitted use, only a formatting change. AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required P = Permitted1 TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones MUL MUM MUD 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 in accordance with Chapter 17.28 — — — 4. Crop production where no structures are involved — — — 5. Greenhouses, hothouses and the like. Minimum property line setbacks shall be 20 feet. With a total gross floor area per lot: — Less than 1,000 sq. ft. — — — — 1,001—20,000 sq. ft. — — — — > 20,000 sq. ft. — — — 6. Kennels and catteries (domestic) see Chapter 17.28 — — — 120 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 83 7. Wholesale nurseries, tree farms and ornamental plant farms including container plants. Retail sales shall be limited to the requirements of(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 Table 17.20.050(D)(16) and (17) — — — 10. Cultivation of industrial hemp — — — 11. Industrial hemp warehousing, and manufacturing and processing — — — B. Residential Uses 1. Boardinghouses and bed and breakfast CUP AP ZC 2. Family day care homes and home schooling, and transitional and supportive housing, and Low—barrier navigation centers: a. Small fFamily day care homes (small) serving up to 8 children within a single— family residence when found consistent with Section 1597.44 of the Health and Safety Code ZC ZC ZC b. Large fFamily day care homes (large) serving up to 14 children within a single— family residence when found consistent with Section 1597.465 of the Health and Safety Code ZC ZC ZC c. Home schooling, including home teaching, home independent study, and individual instruction as defined by the Education Code, only involving provision of such services to residents of the property ZC ZC ZC d. Transitional and supportive housing when conducted in an existing housing unit (*subject to same zoning requirements and procedures as other residential uses of the same type in the same zoning district) NZCP NZCP NZCP e. Low—barrier navigation centers ZC ZC ZC 121 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 84 3. Dwellings, single—family a. Standard construction, including manufactured housing consistent with Chapter 17.28 (for 5 or more homes constructed in the R—A, R—O, R—E, and R— 1 zones a planned development permit is required) — — — b. Less than 5 affordable or senior housing units when in compliance with Chapter 17.64 ZC ZC ZC c. Accessory dwelling units when in compliance with Chapter 17.28 ZC ZC ZC 4. Dwellings, two—family or two single— family dwellings on 1 lot ZC ZC ZC a. Less than 5 dwelling units ZC ZC ZC b. Less than 5 affordable or senior housing units when in compliance with Chapter 17.64 ZC ZC ZC 5. Dwellings, multiple—family a. Less than 5 dwelling units ZC ZC ZC b. Less than 5 affordable or senior housing units when in compliance with Chapter 17.64 ZC ZC ZC c. Residential planned development 20 units per acre (non—discretionary planned development permit) pursuant to Chapter 17.76 CUP AP ZC 6. 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 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 122 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 85 1. Places of religious assembly, with or without schools and/or social services, including emergency shelters CUP CUP CUP 2. Clubhouses Social clubs with or without alcoholic beverage sales CUP CUP CUP 3. Colleges and universities CUP CUP CUP 4. Energy production from renewable resources — — — 5. Governmental uses including, but not limited to, city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities CUP CUP CUP 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) AP AP AP 7. Wireless communications facilities in accordance with the requirements of Chapter 17.42 a. Major wireless communications facilities CUP CUP CUP b. Minor wireless communications facilities AP AP AP c. Collocation wireless communications facilities (consistent with definition of “collocation facility” in Section 17.42.020) ZC ZC ZC 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) ZC ZC ZC 8. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades (video and computer) and cyber cafés ZC ZC ZC 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 123 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 86 i. up to 10,000 square fee ZC ZC ZC ii. over 10,000 square feet AP*2 AP*2 AP*2 c. Auditoriums, community centers, 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 AP AP AP e. Billiard and pool establishments, and bowling alleys, with alcohol AP2 AP2 AP2 3. Community care facility CUP CUP CUP D. Accessory and Miscellaneous Uses 1. Animal keeping as an accessory use when the primary use is residential in accordance with the requirements of Chapter 17.28 a. Apiculture (*minimum lot size: five [5] acres) — — — b. Aviaries (*minimum lot size: five [5] acres) — — — c. Farm animals including horses and ponies subject to the requirements of Chapter 17.28 — — — d. Pet animals are allowed in all zones subject to the requirements 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 ZC ZC ZC b. Fences and walls less than six (6) feet and retaining walls less than three (3) feet in height, paving and decks when constructed lower than thirty (30) inches above the immediate surrounding natural grade ZC ZC ZC c. Fences and walls greater than six (6) feet and retaining walls greater than three (3) feet in height, paving and decks when constructed AP AP AP 124 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 87 higher than thirty (30) inches above the immediate surrounding natural grade d. Swimming, wading, ornamental pools, or spas where a building permit is required ZC ZC ZC e. Swimming, wading, ornamental pools, or spas where a building permit is not required ZC ZC ZC 3. Antenna or flag pole, ground mounted, non—commercial a. <35 feet high AP AP AP b. >35 feet high CUP CUP CUP 4. Dwelling, caretaker AP AP AP 5. Dwellings, farm labor in accordance with the requirements of (see Chapter 17.28) — — — 6. Home occupation when conducted in an existing single—family home and consistent with the requirements of Chapter 17.28 NZC NZC NZC 7. Maintenance and minor repair to buildings involving structural alterations NC NC NC 8. Temporary motion picture, television, or still photography production (and related activities and structures) in accordance withsee Section 17.28.120) TUP TUP TUP 9. Mobilehomes or recreation vehicle as temporary dwelling on the site of an active building permit during construction — — — 10. Produce stands in compliance with the requirements of Chapter 17.28 — — — 11. Recreational facilities, non—profit or for profit, including, but not limited to, athletic fields, bicycle and skate parks, community centers, golf courses, gymnasiums, retreats, riding stables. Bicycle and skate parks shall be in compliance with Chapter 17.28 (Public park and recreation facilities are permitted in all zones and do not require a CUP or a ZC) CUP CUP CUP 12. Storage of building materials in accordance with the requirements of Chapter 17.28 ZC ZC ZC 125 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 88 13. Storage, open, consistent with Chapter 17.28 NZC NZC NZC 14. Soil testing for wells, foundations, septic systems and similar construction NZC NZC NZC 15. Temporary uses, including, but not limited to, carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. TUP TUP TUP 16. Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis from a patient’s primary caregiver to a qualified to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis businesses, as those terms are defined in state law, and transporting 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 ZC ZC ZC 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) NZC NZC NZC E. Retail and Service Uses 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 — — — 2. Alcoholic beverage sales for off—site consumption when in conjunction with another city—approved retail or service use other than automobile service station or liquor store CUP AP ZC a. Beer and/or wine (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) CUP CUP CUP b. Beer, wine and other alcoholic beverages CUP CUP CUP 126 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 89 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) (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) — — — b. Car washes, self—service or automatic with or without automotive 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 — CUP AP 5. Building supplies (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) — — — 6. Hay and feed sales — — — 7. Hotels, motels, boardinghouses, and bed and breakfast inns when in compliance with Chapter 5.44 CUP CUP CUP 8. Bed and breakfast inns — AP ZC 9. Kennels and catteries — — — 10. Liquor stores (when located no closer than one thousand [1,000] feet of any other liquor store or public or private school) CUP AP ZC 11. Commercial cannabis activity CUP CUP CUP 12. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an enclosed area — — — 13. Nurseries (wholesale and/or retail) with or without container grown plants when all — — — 127 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 90 equipment and supplies kept in an enclosed area 14. Pawnshops when in compliance with Chapter 5.32 — — — 15. Pest control services (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — — 16. Private post offices, parcel services, copy centers CUP AP ZC 17. Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — — 18. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling — — — 19. Recycling centers — — — 20. Recycling drop—off bins when located in an area determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation CUP AP ZC 21. Rental and leasing of large equipment with or without outdoor storage and repair (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) — — — 22. 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, camera/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, ZC ZC ZC 128 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 91 hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), 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 equestrian 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 23. Retail sales combined with limited distribution and/or warehousing not exceeding 40% of gross floor area of the building/tenant space in which it is located (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — — 24. Thrift stores, secondhand shops, consignment stores when in compliance with Chapter 5.32 CUP AP ZC 25. Tobacco sales a. Retail smoking products stores, as defined in Chapter 8.32 CUP AP ZC b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments other than retail smoking products stores CUP AP ZC 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 — — CUP 26. Industrial Hemp 129 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 92 a. Industrial hemp product retail sales, stand—alone retail store (*consistent with the requirements of Chapter 17.28.080) AP AP AP 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) AP AP AP F. Eating and Drinking Places 1. Bars with or without entertainment including, but not limited to, cocktail lounges, cabarets CUP CUP CUP 2. Breweries, micro breweries, wineries/tasting rooms, distilleries, with or without restaurant and with or without outdoor seating and with or without entertainment CUP AP ZC 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on—site or off—site consumption in accordance with the restrictions below: a. With or without entertainment and with or without on—site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating (*if within 100 feet of a residentially zoned property a conditional use permit is required) CUP CUP CUP b. With drive—in or drive—through facilities (sale of alcoholic beverages from the drive— in or drive—through facilities is prohibited) 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 ZC ZC ZC b. Check cashing, payday loan, and vehicle title loan establishments. — — — c. Automated/automatic teller machines (ATMs) ZC ZC ZC 130 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 93 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, collection services; dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment; medical, optical and related health services; planning services, real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 AP AP AP 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on—site for medical purposes shall not be considered boarding) AP ZC ZC b. With boarding indoors or outdoors — — — 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% of the floor area is dedicated to massage services CUP AP ZC 6. Motion picture and television production — AP ZC 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 131 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 94 Chapter 17.24 DEVELOPMENT REQUIREMENTS • 17.24.010 Purpose. • 17.24.020 Open space, agriculture and residential zone development requirements. • 17.24.025 Open space, agriculture and residential property development standards—Additional requirements. • 17.24.030 Open space, agricultural and residential zones walls and fences. • 17.24.035 Commercial, industrial and special purpose zone development requirements. • 17.24.040 Commercial, industrial and special purpose zones property development standards— Additional requirements. • 17.24.045 Accessory structures in commercial, industrial, and special purpose zones. • 17.24.050 Walls and fences in commercial, industrial and special purpose zones. • 17.24.055 Mixed use zone development requirements. • 17.24.060 Mixed use zone development requirements – Additional requirements Note * Prior ordinance history: Ords. 189, 196 and 205. 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 provide adequate separation for light, air, safety, and open space as well as to provide an aesthetically pleasing environment in which to live, work and recreate. (Ord. 343 § 2 Exh. A, 2006) 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 indicated 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 development 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. 132 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 95 Table 17.24.020 DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R-ZONES General Requirements O-S A-E R-A R-O R-L R-E R-1 R-2 R-3 SP, RPD, TPD A. Density— Maximum dwelling units per gross acre 1,21 1 du/10 acres 1 du/40 acres 1.0 3.02.0 3.0 43.0 8.07. 0 15.024. 0 32.0 By permi t B. Net lot area (in square feet unless noted) 1,21 10 acres 40 acres 1 acre 20,000 14,500 14,500 14,50010,00 0 6,225 6,500 6,50 0 By permi t C. 1. Lot width (in feet) 110 110 100 80 80 80 60 60 60 By permi t C. 2. Cul-de-sac or odd- shaped lot width (in feet) 30 30 30 30 30 30 30 30 30 By permi t C. 3. Flag lot “pole” front setback (in feet) 20 20 20 20 20 20 20 20 20 By permi t D. Lot depth (in feet) 150 150 100 100 100 100 100 100 100 By permi t E. Front yard and setback (in feet)32 20 20 20 20 20 20 20 20 20 By permi t F. Side yard setback, interior side (in feet)23,43 10 10 5 5 5 5 5 5 5 By permi t G. Side yard setback, street side (in feet)23,43 10 10 10 10 10 10 10 10 10 By permi t H. Rear yard setback (in feet)23,43 15 15 15 15 15 15 15 15 15 By permi t I. Lot coverage, maximum (in percentage)3 2 20 10 35 35 35 35 50 50 50 By permi t 133 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 96 J. Building and structure height, maximum (in feet) 35, with no limitation as to the number of stories so long as the height is not exceeded By permi t Notes: 1. Where R-1 zoned parcels have a Neighborhood Mixed Density (NMX) General Plan land use designation, housing 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/ac cumulatively. In instances where individual building densities exceed 8 du/ac, the development standards associated with the R - 2 zone shall apply 21. Required net lot areas in the R-O, 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. 32. See Section 17.24.025(AD)(6) for exception. See Section 17.44.040(F) for exception. 34. 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. Clerestory windows shall be permitted in lieu of the required setbacks. 54. In the case of odd-shaped lots, the Community Development Director shall determine the required yards, referencing 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. (Ord. 446 § 3, 2017; Ord. 343 § 2 Exh. A, 2006) 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. 1. Street Setbacks. Street setbacks shall be measured from the ultimate street right-of-way or the maximum required 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 minimum 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) 134 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 97 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 development 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. 135 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 98 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 subsection: a. A detached accessory structure shall meet the setback requirements of the main building for the front and street side yard areas. b. A detached accessory structure may be located within an interior side yard or rear yard provided that such structure is located no closer than three (3) feet to an interior side or rear lot line, no taller than 12 feet high, and is at least six (6) feet from the main structure unless additional fire-resistive construction is provided in accordance with Chapter 15.08, Building Code. One (1) story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed one hundred twenty (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 extending into the yard: i. Shall not exceed fifteen (15) feet in height or project closer than five (5) feet to an interior side yard, two (2) feet into an interior street side yard, or closer than ten (10) feet at the rear lot line; ii. Shall be entirely open on at least three (3) 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 (2) 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 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. f. Outdoor barbeques, fireplaces, or firepits must be at least ten (10) feet from the main structure and three (3) feet from interior side and rear property lines. 136 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 99 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., not be visible from the street, and be enclosed by a minimum of four (4) foot high masonry wall except on the side where access is provided or abuts a structure. Landscape screening may be approved by the Community Development Director through a zoning clearance. h. Uncovered porches, platforms, or landings that do not extend above the floor level of the first floor of the main structure may extend into required 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 (10) 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 (10) 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 that patios, 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: 1. Onsite recreational and personal 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 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. 2. Onsite publicly accessible recreational facilities equal to at least 15% of the project’s lot area, but shall not be required to exceed 10,000 square feet. Space shall be contiguous and maintain a width of at least 15 feet. This area shall be privately maintained by the owner(s) of the residential development, but shall remain publicly available at all times and located along a publicly accessible right of way or property. Publicly accessible amenities are intended for public gathering, play structures, BBQ area, landscaped seating areas, or other amenity as approved by the entitlement review body. 137 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 100 D. Additional onsite residential features required for all multi-family residential developments shall include: 1. 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 square 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, cooking 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. EC. Miscellaneous. 1. 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 requirements and Chapter 15.24 of the Moorpark Municipal Code. 3. Architectural Appurtenances. Steeples, institutional symbols, bell towers, clock towers or other similar architectural appurtenances on institutional buildings in the agricultural, open space, and residential zones may exceed the maximum 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 arterial roads as shown in the circulation element of the general plan may only be replaced with roofing of a color and material 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 (Parking, Access and Landscaping Requirements) or such that was provided at the time the dwelling was constructed, whichever is less. 6. Antennas, Ground-Mounted. Ground-mounted citizens’ band and amateur radio transmitting and receiving antennas, 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 138 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 101 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 17.28.020(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. (Ord. 463 § 2, 2018; Ord. 343 § 2 Exh. A, 2006) 8. Windows, metal roofing, 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 mirror finish. 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: 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 (10) feet. Where the height of ten (10) feet would be exceeded, the requirements of subsection A of this section shall be met. 139 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 102 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 purposes. D. Within the R-1 and R-2 areas of the downtown specific plan and in the area north of Los Angeles Avenue between 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 retaining wall or additional height is approved for noise attenuation purposes. E. A solid wall or fence not more than six (6) feet in height may be maintained along the interior side or rear lot lines, provided, that such wall or fence does not extend into a required front yard except for noise attenuation as required by the city and as provided in this chapter. F. Visual /Sight Distance - A wall or fence or landscape area adjacent to a driveway or street or public sidewalk providing vehicular access to an abutting lot or street shall not exceed three (3) feet in height within fifteen (15) feet of the intersection of the driveway and the street right-of-way and/or shall comply with Caltrans design standards for site visibility as adopted by the city. Landscaping within 140 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 103 the sight distance triangle shall be maintain below three (3) feet or when a tree canopy shall be at least eight (8) feet above the ground. Final determination shall be by the community development director. Corner cut-offs may be required for safety and visibility (see example below). G. Walls and fences in street yard frontages or visible from the street shall be constructed out of durable, substantial, and decorative materials. Fiberglass sheeting, bamboo sheeting and other similar nondurable materials are not permitted for fencing in street yard frontages. Plain concrete materials are also not permitted for walls in street yard frontages or visible from the street. H. A wall or fence up to ten (10) feet in height may be allowed by the community development director where necessary for noise attenuation from arterial streets or other noise sources. Chainlink or similar material fencing up to twelve (12) feet high, with windscreening shall be permitted for tennis/recreation courts so long as such fencing is located outside the required front, side and rear setbacks of the zone in which it is located. I. Use of barbed wire strands, razor wire, or concertina wire (coiled barbed wire) is prohibited in the open space, agricultural, and residential zones. J. With the approval of an administrative permit, walls or fences located along the rear or street side property lines, which are adjacent to an arterial or collector road, may be allowed to increase the 141 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 104 visual wall/fence height up to an additional two (2) feet through the construction of a durable metal open trellis, so that vines may be planted throughout the trellis. The trellis construction must meet city standards for construction. K. All fences and walls (including retaining walls) shall be constructed of new or good used material and in accordance with the methods of construction which conform to the requirements of Chapter 15.08, Building Code. Additionally, they shall be maintained in a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed. (Ord. 343 § 2 Exh. A, 2006) 17.24.035 Commercial, industrial and special purpose zone 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 (B) 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 requirements are given in the sections following Table 17.24.035. 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. Table 17.24.035 DEVELOPMENT REQUIREMENTS FOR COMMERCIAL, INDUSTRIAL AND SPECIAL PURPOSE ZONES General Requirements1 C-O C-1 C-OT C2, CPD I-F M-1 M-2 P-C I A. Floor Area Ratio, maximum (the ratio of gross floor area to the gross project site) 0.50 0.350.25 0.38 0.500.252 1.0 1.00.38 1.00.38 By permit By permit B. Lot area (in square feet) 4 None None None None None 10,000 10,000 100 acres By permit C. Front yard setback (in feet)1,4 20 except when next to a 4 or 6 lane road, then 30 20 except when next to a 4 or 6 lane road, then 30 0 20 except when next to a 4 or 6 lane road, then 30 15, except when next to or across the street from R 20, except when next to or across the street from R 20, except when next to or across the street from R zone, By permit By permit 142 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 105 General Requirements1 C-O C-1 C-OT C2, CPD I-F M-1 M-2 P-C I zone, then 30 zone, then 30 then 30 D. Interior side yard setback (in feet) 4,5 5 5 0 5 5 except when next to R zone, then by permit 5 except when next to R zone, then by permit 5 except when next to R zone, then by permit By permit By permit E. Street side yard setback (in feet) 4 5 except when next to a 4 or 6 lane road, then 10 5 except when next to a 4 or 6 lane road, then 10 5 5 except when next to a 4 or 6 lane road, then 10 5 except when next to R zone, then by permit 5 except when next to R zone, then by permit 5 except when next to R zone, then by permit By permit By permit F. Rear yard setback (in feet)4 5 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 By permit By permit G. Building and structure height, maximum3 (in feet) 25 35 35 By permit 30 30 30 By permit By permit H. Parking shall meet the requirements of Chapter 17.32 I. Signage shall meet the requirements of Chapter 17.40 J. Lighting shall meet the requirements of Chapter 17.30 Notes: 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 sixty (60) feet) with approval of a conditional use permit. 143 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 106 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 no less than 10 feet. 6. In the case of odd-shaped lots, the Community Development Director shall determine the required yards, referencing 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. (Ord. 343 § 2 Exh. A, 2006) 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. Setbacks Adjacent to R Zone. Wherever a lot in the commercial or industrial zone abuts a lot in any R-1, R-2, or R-3 residential zone, the minimum setback shall be 30 feet from the adjoining property line. may be increased by the approving authority in situations where, in the opinion of the approving authority, additional distance would help to mitigate or alleviate potential problems or hazards. C. Floodplain. All development in the floodplain shall be in accordance with the National Flood Insurance requirements and Chapter 15.24 of the Moorpark Municipal Code. C. Architectural Appurtenances. Clocks, tower elements, and similar ornamental design elements on structures, may exceed the maximum height of thirty-five (35) feet identified in Table 17.24.035, provided, the additional height does not create additional floor area. Such appurtenances may stand no taller than 15 feet above the building’s maximum allowed height. 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. Proposals for such appurtenances, however, shall be evaluated through the entitlement review application process on a case-by-case basis so that architectural compatibility and appropriate building scale are achieved and maintained. D. Windows, metal roofing, 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 mirror finish. E. 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. F. Masonry Walls and Landscape Screens. Where a commercial or industrial development abuts property in any low density residential zone, a masonry wall, solid fence, or equivalent noise attenuation 144 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 107 structure, a minimum of eightsix (68) feet in height from the highest finished grade at the property line shall be erected and maintained between such uses and the residential zone. In addition, fifteen (15) gallon or larger trees, no less than twenty (20) feet on center, and shrubbery shall be installed and maintained along the project side of the wall in a minimum five (5) foot wide, raised landscaped planter to provide a dense landscape screen. G. Mechanical Equipment—Screening and Noise Attenuation. All mechanical equipment shall be architecturally screened from view and isolate noise 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 development director and building official. H. 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 building to ensure that it is fully screened from view from on-site parking areas, adjacent public streets and adjacent residentially zoned property. I. 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. J. Testing. Whenever there is a question of conformance with a performance standard of this section or a condition of approval of the project, the community development director shall require the property owner or operator to engage the services of a qualified and or licenses professional for the type of testing needed.city-approved testing firm. Copies of all such tests shall be furnished to the community development director. K. 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. L. 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, or R-2 or R-3, RE, RA, RL, or RO residentially or open space zoned properties. M. 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. 145 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 108 N. 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: 1. Within five hundred (500) feet of any property line that is zoned R-1, R-2, RPDR-L, RE, RA or any lot where there is an actual residential structure usewithin another zone, whether inside or outside the city limits; and 2. Within five hundred (500) feet of any church, synagogue, mosque or other publicly recognized place of worship, whether inside or outside of the city limits; and 3. Within five hundred (500) feet of any public or private school or child care 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 alcoholic 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 structures, 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. (Ord. 361 § 1 Exh. B, 1007; Ord. 343 § 2 Exh. A, 2006) 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 shall not be located in front of or on the street side of the main building(s). B. 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 project 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. 146 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 109 D. Outdoor swimming pools and spas shall be located a minimum of three (3) feet from the main structure. Exterior or interior walls and shall comply with all fencing requirements of Chapter 15.08 (Building Code) and the requirements of Section 17.24.050. (Ord. 343 § 2 Exh. A, 2006) E. New accessory structures shall be compatible in scale and character with adjacent commercial uses and residential neighborhoods. 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 required front or exterior side yard, where a retaining wall is used to increase usable lot area, a fence or wall not exceeding 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. B. 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 (10) feet in height, unless a five (5) foot landscape area is provided between the retaining wall and the fence or wall. C. Visual / Sight Distance - A wall, or fence, or landscaping area adjacent to a driveway or street or public sidewalk providing vehicular access to an abutting lot or street shall not exceed three (3) feet in height within fifteen (15) feet of the intersection of the driveway and the street right-of-way and/or shall comply with Caltrans’s design standards for site visibility. Landscaping within the sight distance triangle shall be maintain below three (3) feet or when a tree canopy shall be at least eight (8) feet above the ground. Final height determination shall be by the community development director. Corner cut-offs may be required for safety and visibility (see example below). 147 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 110 D. Walls and fences in street yard frontages or visible from the street shall be constructed out of durable, substantial, and decorative materials. Fiberglass sheeting, bamboo sheeting or other similar nondurable materials are not permitted for fencing in street yard frontages. Plain concrete materials are also not permitted for walls in street yard frontages or visible from the street. E. Where there is a grade difference between two (2) properties, 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 (10) feet. Where the height of ten (10) feet would be exceeded, the requirements of subsection A of this section shall be met. F. All fences and walls (including retaining walls) shall be constructed of new or good used material and in accordance with the methods of construction which conform to the requirements of Chapter 15.08, Building Code. Additionally, they shall be maintained in a state of good repair. Fences and walls shall be consistent with the City Design Standards in effect at the time of building permit application. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed. G. Barbed Wire Strands, Razor Wire or Concertina Wire (Coiled Barbed Wire). Use of barbed wire strands, razor wire or concertina wire shall not be visible from a public street and shall meet the following requirements: 1. Such fencing shall only be permitted on industrially zoned property that is not adjacent to or across the street from R zoned property, or a school, and where a finding can be made that use of such fencing material is required to protect the public health, safety and welfare. 148 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 111 2. If approved, such fencing material shall be placed at the top of a wall or fence, shall have a minimum vertical clearance of six (6) feet above grade, and shall be maintained in a safe condition. 3. In no case shall such fencing be permitted along Los Angeles Avenue, Gabbert Road and Poindexter Avenue. 4. Barbed wire or any other type of wire fencing shall not be kept in an unsafe, abandoned or materially dangerous condition. Unmaintained wire fencing, including but not limited to, barbed wire, razor wire and concertina wire (coiled barbed wire), is declared to be a public nuisance and shall be subject to the nuisance abatement procedure, Chapter 17.56. 5. Razor wire or concertina wire shall not be placed on the rooftop of any building. (Ord. 343 § 2 Exh. A, 2006) 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. 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.^ Table 17.24.055 DEVELOPMENT REQUIREMENTS FOR MIXED-USE ZONES General Requirements MUL MUM MUD Vertical Mixed Use Commercial Multi-family Residential Vertical Mixed Use Commercial Vertical Mixed Use Commercial Multi-family Residential 149 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 112 A. Floor Area Ratio, maximum 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.0 B. Dwelling Units per Acre, maximum 24 — 24 32 — 32 — 32 C. Front Yard Setback (Min / Max) 0/5 0/5 0/10 0/5 0/5 0/5 0/5 0/10 D. Setbacks for frontages along Moorpark Avenue and High Street (Min / Max) 0/5 0/5 0/10 0/5 0/5 0/5 0/5 0/10 E. Width of Frontage Building to Maintain Minimum setback2, 3 70% 70% 60% 75% 75% 80% 80% 75% F. Maximum Interior side yard setback3 (Min / Max) 0/15 0/10 0-15 0/0 0/0 0/15 0/10 0/15 G. Min side yard abutting Non- Mixed Use Residential Designated Zones residential zones 15 H. Street side setback (Min / Max) 0/5 0/5 0/5 0/5 0/5 0/5 0/5 0/5 I. Min Rear yard setback3 10 0 10 10 0 10 0 10 J. Min Rear yard setback abutting Non-Mixed Use residential zones 15 K. Building and structure height, maximum4 3-stories Not to exceed 40’ 3-stories Not to exceed 40’ 3-stories Not to exceed 40’ 4-stories Not to exceed 50’ 4-stories Not to exceed 50’ 4-stories Not to exceed 50’ 4-stories Not to exceed 50’ 4-stories Not to exceed 50’ L. Minimum stepback above second floor3 Minimum 10-foot stepback above second story shall be applied to the following: • Along primary street frontage and street frontage. • Along property lines that are adjacent to Non-Mixed Use Residential Designated Zones properties. See figure 17.24.060 and section 17.24.060(B). 150 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 113 M. Parking requirements See 17.32.020 N. Signage requirements See 17.40 O. Lighting requirements See 17.30 P. Storefront Transparency See 17.24.060(F) Q. Minimum Landscaping Requirement 15% R. Minimum Ground Floor Commercial Requirement 10% or 1,500 gross sq ft per project. Additional footage with CUP approval. S. Free Standing Residential Structure Allowed along Frontage Allowed Prohibited Allowed 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 maximum sixty (60) feet) with approval of a conditional use permit. 4. The maximum height of a story between floors shall be 14 feet. 5. See Section 17.44.040(F) for exceptions. 151 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 114 Figure 17.24.060 – Stepback Example, Frontage and Street Side Figure 17.24.065 – Stepback Example, Adjacent to Residential Lots 152 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 115 17.24.060 Mixed use zone development requirements – Additional requirements In addition to the standards of Chapter 17.36, the following standards shall apply: A. Building Frontages. 1. The maximum setback shown in Table 17.24.055(C) shall apply for the building fronting the primary street of the building frontage as shown in Table 17.24.055(C). 2. An optional activity space may exist within the area created when a building frontage is setback up to the maximum allowed frontage setback after the percentage of required minimum building frontage percentage in Table 17.24.055(D) is met. This activity space can be used as outdoor gathering area, dining, plaza, or similar pedestrian orientated activities for adjacent uses. 3. The Director may approve a greater street level building activity setback by zoning clearance for the remaining percentage of the property frontage after the building percentage in Table 17.24.55(D) is met. B . Stepback Design and Use 1. Non-residential stepbacks fronting a residential land use. i. Public access to the stepback area shall be regulated and the stepback area shall not be used for seating or outside activity. ii. No equipment or materials shall be 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 45 inches in height and be solid to prevent views onto the stepback area from the ground. ii. No equipment or materials shall be 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: 1. 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 100 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. C. Blank Wall Elevations. Blank walls, including walls distinguished only by changes in color, are prohibited. Buildings shall carry the same architectural treatment as to form and massing, roof design, wall and window design, and materials and colors on all elevations visible to the public. 153 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 116 D. 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 adjacent to 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 residential 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 sightlines and path of continuous and unobstructed pedestrian that’s accessible to the street frontage. 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. E. 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. F. Storefront Transparency 154 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 117 1. Facades that face the street or publicly accessible space are required to provide a minimum of 75 percent transparency along the frontage. 2. No dark-tinted or opaque glazing that results no less than 88 percent light transmission is permitted for wall opening (i.e. doors and windows) along the street level. Mirrored or applied films that create mirrored windows and curtain walls are prohibited. G. 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 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 development director and building official. H. Mirror Finishes. Windows, metal roofing, 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 mirror finish. I. Onsite residential amenities. Multi-family residential developments, consisting of 10 or more units, shall provide the following: 1. Onsite recreational and personal 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 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. 2. Onsite publicly accessible recreational facilities equal to at least 15% of the project’s lot area, but shall not be required to exceed 10,000 square feet. Space shall be contiguous and maintain a width of at least 15 feet. This area shall be privately maintained by the owner(s) of the residential development, but shall remain publicly available at all times and located along a publicly accessible right of way or property. Publicly accessible amenities are intended for public gathering, play structures, bbq area, landscaped seating areas, or other amenity as approved by the entitlement review body. J. Additional onsite residential features required for all multi-family residential developments shall include: 1. Onsite laundry facilities available to all residents. Laundry facilities may be provided in a common laundry room or within each residential unit. 2. Enclosed, secure, locking storage area of at least 100 square feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential 155 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 118 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, cooking or gathering, and shall be accessible directly from the residential unit. Deviations from the requirement 1-3 above may be considered by the Community Development Director where strict conformance is infeasible. 17.24.065 Inclusionary 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 established 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 17.24.065(C) of this Chapter. B. Exceptions. The requirement to construct housing shall not apply to the following: 1. 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 Inclusionary 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 156 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 119 Affordable Rent and satisfied by designated 7% for Extremely Low Income Households and 8% Very Low Income Households. Table 1 Calculation of Inclusionary Requirements for Projects from 10 – 30 Units Units Inclusionary Rate Required Inclusionary Units For Sale For Rent Low Moderate Extremely Low Very Low 10 10% 1.00 1 * * * * 11 10% 1.00 1 * * * * 12 10% 1.00 1 * * * * 13 10% 1.00 1 * * * * 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 30† 15% 4.50 5 2.10 2.40 2.10 2.40 *The re additional unit shall be either extremely low or very low income. †Projects greater than 30 units shall apply the unit percentage requirement and affordability ratios from Section 17.24.065 E, even though not calculated and shown in Table 1. F. Fractional Units. In computing the total number of Inclusionary Units required in a Residential Development, fractions greater than one-half (1/2) shall be rounded up to the next highest whole number, and fractions of one-half (1/2) or less than one-half (1/2) 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 Development, 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 157 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 120 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 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 Inclusionary 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 modified 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 available to the city for exclusive use for the provision of affordable housing. I. Standards of Inclusionary Units. 1. Inclusionary units shall be dispersed evenly throughout the project. 2. Inclusionary units shall be comparable and equivalent in square footage to the market rate units in the project. 3. The number of bedrooms and bathrooms in inclusionary units shall be provided in approximately the same proportion as the market rate units in the residential development. 4. Inclusionary 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. 5. Inclusionary units shall comply with all applicable development standards. 6. Inclusionary unit residents shall have equivalent access to use of all on-site amenities. 7. Inclusionary units shall be maintained to the same standard as market rate units. 8. Developer shall actively market the affordable units (both for For-Sale and Rental units) to eligible households concurrently with the market rate units, consistent with the City’s Affordable Housing Policies. 9. Inclusionary units in a residential development shall be constructed concurrently with, or before, the construction of the market rate units. If the City approves a phased project, the required inclusionary units shall be provided proportionately within each phase of the residential project. J. Continuing Affordability Agreement and Duration. The property owner shall record an Affordable Housing Agreement 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 Affordable 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. 158 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 121 Chapter 17.28 STANDARDS FOR SPECIFIC USES • 17.28.010 Purpose. • 17.28.020 Standards relating to dwellings. • 17.28.030 Standards relating to animal keeping. • 17.28.040 Auto, boat and trailer sales lots. • 17.28.050 Adult business permit. • 17.28.060 Emergency shelters and single room occupancy unit developments. • 17.28.070 Produce stands. • 17.28.075 Community Gardens • 17.28.080 Standards related to industrial hemp product retail sales, stand-alone. • 17.28.090—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. • 17.28.170—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 regulations which apply to specific uses as listed in Sections 17.20.050 and 17.20.060 of this title. (Ord. 297 Exh. A, 2003) 17.28.020 Standards relating to dwellings. A. Antennas—Ground-Mounted. No antenna or mast shall exceed seventy-five (75) feet in height. The crank-up variety antennas shall be used. All units are encouraged to be color-coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. Where feasible, support structures shall be screened from public view. The most unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to main or accessory buildings in order to provide background screening for the support structure. The height, nature, texture and color of all materials to be used for the installation, including landscape materials, shall be submitted with the permit application. B. Home Occupations and Garage Sales. 1. Home Occupation Requirements. A home occupation is the interior and incidental use of a dwelling, in all residential 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. 159 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 122 a. Application. An application for a home occupation permit 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 a home occupation permit that meets the following criteria: i. The applicant shall be the home owner, 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 10.04.300 of this code. vii. A maximum of one (1) commercial vehicle, having a specific manufacturer’s gross weight rating of less than ten thousand (10,000) 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 surrounding 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 residence, or one hundred fifty (150) square feet, whichever is greater. Related materials and 160 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 123 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 purposes. 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 (B)(1)(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 permit. d. Duration of Permit. Unless otherwise stated in the home occupation permit, the home occupation permit 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 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 impact or constitutes a nuisance; iii. The home occupation permit was obtained by misrepresentation or fraud; 161 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 124 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 permit and those of Chapter 17.44, the findings and provisions of this 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, monitor garage sales to ensure compliance with the following criteria and limitations. a. No more than three (3) garage sales shall be conducted on the premises in any calendar year; provided, however, 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 (1) such sale may be held per year without such sale being deemed one (1) chargeable to the premises in question for the purpose of applying the three (3) sales per year limitation set forth in subsection (B)(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 (1) residence or parcel, the director may impose reasonable conditions consistent with the policies of this section. Group garage sales, when 162 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 125 coordinated by residents or sponsored by a local homeowners 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. 1. Mobilehome Construction. Mobilehomes may be used as single-family dwellings if the mobilehome was constructed on or after June 15, 1976. Mobilehomes used as second dwellings are subject to this date limitation. 2. Mobilehome Foundation System. Mobilehomes which are used as single-family residences or as caretaker or farm worker dwellings shall be installed on a foundation system in compliance with Chapter 2, Article 7, Section 1333 of Title 25 of the California Administrative Code. Nonconforming mobilehomes renewed under a continuation permit shall be in compliance with the applicable provisions of Chapter 2, Article 7 of Title 25. 3. Exterior Siding. Exterior siding of a single-family dwelling shall extend to the ground level, or to the top of the deck or structural platform where the dwelling is supported on an exposed pile foundation complying with the requirements of Sections 2908 and 2909 of the Uniform Building Code, or to the top of a perimeter foundation. For mobilehomes used as caretaker or farm worker 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 customarily 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 compatible with the dwellings in the area. D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A mobilehome or recreational vehicle may be used for living purposes for a twelve (12) month period by the owner(s) of a lot for which a building permit has been issued, is in full force and effect on the same site, and construction is underway. The community development director may grant one (1) additional twelve 163 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 126 (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 approval for the placement of the temporary dwelling. The amount of the deposit shall be determined by the community development director. E. Reserved. F. Open Storage. 1. There shall be no open storage in any front or street-side setback, or in an area three (3) feet wide along interior side lot lines. 2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed an aggregate area of two hundred (200) square feet. On lots greater in area than twenty thousand (20,000) square feet, the aggregate area shall not exceed one percent (1%) of the total lot area, up to a maximum of one thousand (1,000) square feet. Lots of forty (40) acres or more in the O-S and A-E zones are permitted a maximum of two thousand (2,000) square feet of open storage, provided that all open storage exceeding one thousand (1,000) square feet is screened from view 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 within one hundred eighty (180) days of their placement on the lot; however, the community development director may grant a time extension for good cause, based on a written request from the applicant; 164 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 127 b. Items used periodically or continuously on the property by the resident(s) thereof, such as outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor cooking equipment, and recreational equipment, accessory to the principal use; c. One (1) cord (one hundred twenty-eight (128) cubic feet) of firewood, if stored in a neat and orderly manner in one (1) location on the lot. G. Accessory Dwelling Unit. 1. Standards and Requirements. An accessory dwelling unit (ADU) as defined in Section 17.08.010 of this title, requires approval of a zoning clearance, and compliance with Government Code Sections 65852.150 - 65852.26 (as may be amended from time to time by the State of California) and applicable development standards identified in Zoning Code Chapter 17. all of the following standards and requirements: a. An ADU is only permitted on a residentially zoned lot that has one (1) single-family dwellingthat allows single- or multifamily dwellings, and the lot conforms to the minimum lot width, depth and size of the zone in which it is located. Construction of the single-family dwelling and ADU may occur concurrently, but the single-family dwelling must be completed before the ADU may be occupied. b. Once the ADU is constructed, the property owner must occupy either the primary residence or the ADU. A covenant shall be recorded in the county clerk’s office declaring that the property owner must occupy either the primary residence or the ADU. c. An attached ADU must not exceed fifty percent (50%) of the floor area of the existing single- family dwelling or one thousand two hundred (1,200) square feet, whichever is less. d. A detached ADU shall be limited to the following gross floor area: Lot Size Maximum Unit Size in Square Feet Gross Floor Area Under 1 acre 800 1 acre or greater 1,200 e. No more than one (1) ADU is allowed on each lot with an existing single-family dwelling. f. The ADU cannot be sold as a separate unit, but it may be rented. If the ADU is rented, a lease length of more than thirty (30) days is required. If the property owner chooses to occupy the ADU and rents the primary residence, a lease length of more than thirty (30) days is required. g. Establishment of an ADU cannot create or increase a nonconforming use or structure. h. The minimum front yard setback and street side yard setback for an ADU is the same as the underlying zone or the requirements of an approved residential planned development (RPD) permit, whichever is applicable to the lot. The minimum interior side yard setback and rear yard setback for an 165 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 128 ADU is fivefour (45) feet. An ADU that is constructed above an existing garage must have a minimum setback of five (5) feet from the side and rear lot lines. No minimum zoning setback is required for an existing garage that is converted to an ADU or a portion of an ADU, but it must comply with all applicable building and fire codes. A minimum of four hundred (400) square feet of landscaped area (including uncovered patios but not including areas within required setbacks) must be maintained in the rear yard. i. Architectural design of the ADU must be compatible with the existing single-family dwelling with building form, height, roof style and pitch, materials, color, and architectural details consistent with the existing single-family dwelling. The roof material used for the ADU must be equal to or of higher quality than that used for the existing single-family dwelling. j. The ADU must not exceed two (2) stories and must be no taller than twenty-four (24) feet in height, except when incorporated into the existing floor area of the existing single-family dwelling, in which case the ADU must not exceed the height of the existing single-family dwelling. k. The only accessory structures that may be attached to, or share a common wall with, a detached ADU are a garage or carport. l. The following parking standards shall apply: (i) One (1) parking space is required for the ADU. This required parking is in addition to the required parking for the existing single-family dwelling on the same lot. (ii) Parking is not required for an ADU that is: (1) Located within one-half (1/2) mile of public transit (bus stop or a train station); (2) Located within a designated architecturally or historically significant district; (3) Part of the existing primary residence or an existing accessory structure (e.g., basement or garage conversion); (4) Located within one (1) block of a car share vehicle; or (5) Located in an area where the city requires on-street parking permits but does not offer the permits to the ADU occupants. (iii) Each required off-street parking space for the ADU must be an unobstructed minimum of nine (9) feet wide by twenty (20) feet long with a minimum ten (10) foot wide driveway. The parking space and driveway must be paved. Required parking for the ADU can be covered, uncovered, tandem within a garage or driveway, or provided by the use of a mechanical automotive parking lift within a garage structure. No setback is required for tandem parking within an existing driveway, but the parking space must be entirely on the lot on which the existing single-family dwelling and ADU are located. 166 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 129 (iv) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the local agency shall not require that those offstreet parking spaces for the primary unit be replaced. m. The community development director may approve the use of a mobile home or a manufactured house on a fixed foundation as an ADU, if the design is compatible with the existing single-family dwelling and the surrounding community, and when it is in compliance with all of the mobile home and manufactured housing standards of subsection C of this section. n. Notwithstanding any other provision of this section, an ADU that complies with replacement parking provisions of subsection (l)(4) of this section and satisfies all of the following requirements shall be approved ministerially with a zoning clearance and building permit: a. It is located on a lot zoned single-family residential; b. It is the only ADU on the lot; c. It is contained within the existing space of an existing residence or accessory structure; d. It has independent exterior access; and e. It has side and rear setbacks sufficient for fire safety. H. Two-Unit Residential Developments 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, as defined by California Government Code 65852, are permitted in the O-S, A-E, R-A, R-E, R-L, R-1, and R-O single-family residential zones. 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, including but not limited to zoning clearance and building permits. C. Requirements. A. Location. A parcel for a two-unit development or urban lot split shall: 167 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 130 Not be located within a Very High Fire Hazard Severity Zone; Not be located within a mapped 100-year floodplain, wetland, recorded open space easement, mapped creek or river, regulated floodway; Either prime farmland or farmland of statewide importance; Not be located within a designated hazardous waste site; 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; 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); 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 Not be located on land protected by a conservation easement. B. Eligibility. A parcel is not eligible for a two-unit development if the project would require demolition or alteration of: 1. 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; 2. 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; 3. Housing that is subject to any form of rent or price control; and 4. 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. D. Development standards. Development pursuant to this Chapter shall comply with the following: 168 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 131 A. Number of units. 1. 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. b. Accessory dwelling units shall be considered separate from the two primary dwelling units authorized by this section. Refer to Zoning Code Section 17.28.020 for additional regulations for ADUs or JADUs. 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. B. Parking. One on-site covered parking space shall be required per unit. 1. This requirement may be satisfied by an attached or detached carport or enclosed garage. 2. Exceptions. No on-site parking shall be required when: a. 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; b. 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 c. The site is located within one block of a permanently established car-share vehicle pick-up/drop- off location. 3. Required parking spaces shall comply with the applicable standards of Chapter 17.32 (Off-Street Parking Requirements). C. Setbacks. 1. The interior side yard and rear yard setbacks for two-unit developments shall be four feet. 2. The front yard and street side yard setbacks for two-unit developments shall be as required by the Zone. 3. 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). 169 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 132 4. 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 conveyance. D. Additional requirements for two-unit developments. 1. 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: a. Building height; b. Number of stories; and c. Lot coverage. 2. 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; c. Chapter 17.30 Lighting Regulations; and d. Chapter 17.32 – Off-Street Parking Regulations, 3. All other development standards contained within the Moorpark Municipal Code. E. 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. F. Additional requirements for urban lot splits shall be as set forth in Chapter 16.60 (Urban Lot Splits) of the Subdivision Code. E. Design standards. A. Privacy. a. A minimum separation of 10 feet shall be provided between any detached dwellings on the site. 170 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 133 b. Windows within 30 feet of a neighboring structure on another parcel shall not directly align with the windows of the neighboring structure. c. 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 required setbacks of the underlying zone. C. Materials. a. 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. b. 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. c. 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. d. Window and door types and styles shall be consistent on all elevations. e. 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. f. 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. a. Front and street side yard areas shall be fully landscaped pursuant to the requirements of Chapter 15.23 (Water Efficient Landscape Ordinance) and the City’s Landscape Standards and Guidelines. b. A minimum of one 24-inch box tree of a broadleaf or evergreen species shall be provided on site per unit constructed. Palm trees or invasive trees shall not be considered to satisfy this requirement. c. Complete landscaping and irrigation plans shall be submitted to the Planning Division prior to the issuance of building permits. 171 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 134 d. Installation of approved landscaping shall be completed prior to release of final occupancy. F. Additional requirements. A. Short-term rentals. a. Units created pursuant to this Chapter shall be rented or leased for a term longer than 30 days. B. 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 requirement. 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. C. Nonresidential uses. Except for permitted home occupations and garage sales pursuant to Chapter 17.28.020(B), non-residential uses shall be prohibited. G. Noticing. A. The Community Development Department shall prepare a written notice to the record owners of all properties within 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. C. Location map. D. The notice shall identify: a. The address and location of the property; b. The nature of the proposed construction; c. The anticipated start and end dates of construction; 172 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 135 d. Contact information for the Community Development Department; and e. 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." E. The notice shall be sent no fewer than 14 days prior to the issuance of a building permit for the proposed two-unit development. H. 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 California 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. IH. Use of Structures for Dwelling Purposes. Structures may not be used for human habitation except as specifically permitted in this title. JI. Farm Worker Dwellings. 1. Standards and Requirements. A farm worker dwelling, as defined in Section 17.08.010 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 (1) 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 173 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 136 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 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. Beginning 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 compliance 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. (Ord. 463 § 2, 2018; Ord. 449 § 3, 2017; Ord. 420 § 3, 2013; Ord. 418 § 3, 2013; Ord. 297 Exh. A, 2003) 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 17.28.030B shall be classified by the community development director based upon the director’s written determination of similarity to animals listed in Table 17.28.030B. These regulations do not apply to animals used to provide a service to individuals with a disability, assist the blind, such as seeing-eye dogs and miniature horses. All animal keeping must be in compliance with Title 6 of the Moorpark Municipal Code. 1. 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 required 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. 174 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 137 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 apiary, 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 17.28.030B, 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, turtles, 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 maintained 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. 175 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 138 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 admirative permit, conditional use permit, or approval of the community development director, any animal classified in Table 17.28.030B shall be kept in an approved zone, with a permit, for the duration of the emergency or relocation of the animal, but not exceeding fifteen (15) days. 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 facilities; 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 provide 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. Table 17.28.030B ANIMAL KEEPING 176 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 139 Type of Animal or Animal Usage (see Note B for example calculation) Minimum Lot Size Maximum Number (A) Zoning 1. Apiculture 51 acres No maximum. O-S, A-E, R-E, R-A, R-O, R-L, R-1 2. Aviary for domestic birds (see Section 17.28.030(A)(5)) 5 acres No maximum. O-S, A-E, R-A, R-E 3. Domesticated cats and dogs a. Single-family dwellings <5 acres Any combination of 4. O-S, A-E, R-A, R-E, >5 acres Any combination of 6. R-O, R-1, R-2, R-3 RPD, TPD, b. Multiple-family dwellings n/a Any combination of 2. RPD, R-2 4. Equine, bovine or cleft-hoofed animals, including, but not limited to, horses, ponies, mules, donkeys, burros, cows, and bulls 20,000 sq. ft. 2 per 20,000 sq. ft. plus 1 additional animal for each 5,000 sq. ft. up to 1 acre. For >1 acre, 1 additional animal per each acre. O-S, A-E, R-A, R-E, R-O, RPD*, SP* 5. Fowl (peacocks and pea hens are not permitted) a. Chickens, ducks and game hens 10,000 sq. ft. 10 per 10,000 sq. ft. O-S, A-E, R-A, R-E, R-O ab. Chickens, duck, and game hens 6,000 sq. Ft. 3 per 6,000 sq. ft O-S, A-E, R-A, R-E, R-L, R- E, R-O, R-1, R-2, R-3 b. Roosters and guinea fowl 20,000 sq. ft. 4 per 20,000 sq. ft. O-S, A-E, R-A, R-E, R-O Type of Animal or Animal Usage (see Note B for example calculation) Minimum Lot Size Maximum Number (A) Zoning 6. Kennels and catteries (see Table 17.20.050(A)(6) for additional limitations) Minimum lot size of the zone By conditional use permit. M-1, M-2 7. Medium animals not kept as pets such as llamas, alpacas, sheep, goats, swine and other animals of similar size as determined by the community development director which are bred for sale and not kept as pets 20,000 sq. ft. 10 per 20,000 sq. ft. up to 1 acre plus 2 additional animals for each acre > 1 acre. O-S, A-E, R-A, R-E, R-O 8. Small animals not kept as pets such as rabbits, chinchillas small birds not otherwise classified, non-poisonous reptiles, and other animals of similar size as determined by the community development director which are bred for sale and not kept as pets 20,000 sq. ft. 10 per 20,000 sq. ft. plus 2 additional animals for each 5,000 sq. ft. up to 1 acre. For >1 acre, 2 additional animal per each acre. O-S, A-E, R-A, R-E, R-O 9. Small animals kept as pets excluding domesticated cats and dogs but including and not limited to rabbits, chinchillas, sheep, goats, pigmy goats, pigs, pot-bellied pigs, and miniature horses which are not bred for sale and are kept as pets 10,000 sq. ft. 3 per 10,000 sq. ft. plus 1 additional animal for each 5,000 sq. ft. up to 1 acre. For >1 acre, 1 additional animal per each acre. O-S, A-E, R-A, R-E, R-O 177 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 140 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 domesticated cats, dogs, sheep goats, pigmy goats, pigs, pot-bellied pigs and miniature horses, Minimum lot size of the zone 4 per lot, plus 1 additional animal for each additional 1,000 sq. ft. (Maximum 20 small animals per lot) O-S, A-E, R-A, R-E, RL, R- E, R-O, R-1, R-2, R-3 101. Veterinary facilities including, but not limited to, hospitals for large and small animals and surgical offices (see Tables 17.20.050(A)(2) and 17.20.060(C)(4)(a) and (b) for additional limitations) Minimum lot size of the zone By administrative permit or conditional use permit. O-S, A-E, R-A, C-O, C-1, CPD, C-2, C-OT, M-1, M-2 112. Wild animals 1 acre By conditional use permit. O-S, A-E, R-E, R-O Notes: A. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (cats and dogs, four (4) months; equine, bovine or cleft-hoofed animals, twelve (12) months). B. For example, if you have a twenty thousand (20,000) square foot lot in the RE zone, you would be able to have two (2) equine, bovine or cleft-hoofed animals, plus twenty (20) chickens or ducks or game hens, or combination thereof, plus four (4) roosters or guinea fowl or combination thereof, plus ten (10) small animals such as rabbits, plus six (6) sheep or other small animals, plus any combination of four (4) domesticated dogs or cats. * Equine animals, such as horses, or ponies, mules, and burros, are allowed in RPD and SP zones only in locations specifically designated for equestrian uses or horse keeping as part of the residential planned development permit or specific plan. Bovine and other cleft-hoofed animals are not permitted in these zones. (Ord. 328 § 2 Exh. A, 2005; Ord. 297 Exh. A, 2003) 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. 178 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 141 B. Except for required landscaping, the entire open area of the premises shall be surfaced with concrete or asphaltic concrete. (Ord. 297 Exh. A, 2003) 17.28.050 Adult business permit. A. Intent. The intent of this chapter is to regulate adult businesses which, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to: depreciation of property 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 communicative 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 intended 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 display thereof. B. Definitions. As used in this section: “Adult arcade” means any business establishment or concern containing coin or slug operated or manually or electronically 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 distributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, 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 presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; 2. Where adult arcade devices are located. 179 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 142 “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 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 patrons products, merchandise, services or entertainment characterized 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, wrestling or pantomiming, in which: 1. The performer (including but not limited to topless or bottomless dancers, go-go dancers, exotic dancers, strippers, 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 agency, 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 electronically generated visual reproductions which is distinguished or characterized by the emphasis on matter depicting, describing 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 provisions of this section. 180 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 143 “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 independent 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. “Person” means any individual, firm, association, partnership, limited liability company, corporation or other form of legal entity. “Permittee” means any of the following: 1. The sole proprietor of an adult business; 181 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 144 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 an 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, magazine, 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, describing 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 balloons 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: 1. 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 182 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 145 7. Excretory functions as part of, or in connection with, any of the activities listed in (1) 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 17.24.040(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 community 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 “applicant.” 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 17.28.050(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 11590 of the California Health and Safety Code. f. Written authorization giving the city, its agents and employees authorization to seek information 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. 183 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 146 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 17.24.040(N). l. 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 interior 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 formed, 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 fictitious 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 property 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 contained 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 determine whether the application contains all the information 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 application 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 determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification will 184 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 147 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. 1. 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 permit. 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: 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 zoning, building, health, housing and fire codes of the city; c. An applicant has pled guilty, nolo contendere or been convicted within five (5) years of the application date of an offense specified in Section 17.28.050(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 (18) 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 17.28.050(M). 3. The decision of the director to issue or deny a permit will be final unless an appeal is timely filed under Section 17.28.050(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 setbacks and parking requirements of the applicable zoning district. 185 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 148 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 insulation 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, of the Moorpark Municipal Code. d. No Minors. The building entrance to an adult business must be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Such notice must be constructed 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 prohibited 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 subsection 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 provide 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 186 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 149 business. Operators must determine the age of persons who enter the premises by checking the driver’s license or other authorized identification of such person. d. Screening of Interior of Premises and Display of Sexually Oriented Materials. No adult business may be operated 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. Interior 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 10 Modeling studios 20 g. On-site Manager—Security Measures. 1. 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 manager. 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 (1) security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five (35) persons, an additional security guard must be on duty. 187 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 150 ii. Security guards for other adult businesses may be required if it is determined by the police chief that their presence 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 requirements 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: 1. 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 completely 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 female 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 requirements 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 (1) 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 1 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 188 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 151 must be advised of this requirement 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 (1) 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 completely 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 theaters: 1. 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 auditorium 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 motion 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 institution or any residentially zoned property occupied with a residence. j. No owner or operator of any adult business may have pled 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 189 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 152 within the state of California: Sections 243.4, 261, 266a through 266j, inclusive, 267, 314, 315, 316, 318, or subdivisions (a), (b) and (d) of Section 647 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 personal solicitation of, motorists or pedestrians in the vicinity of the adult business. l. 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 entering 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, permitting, suffering, or allowing any employee or independent contractor: i. 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 displaying 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 consideration to a performer at an adult-oriented business. Person may not use an 190 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 153 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 performance, 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, seminude, 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 director 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(D) (including payment of the applicable application fee), and the director determines in accordance with Section 17.28.050(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 assignment 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 liability company is subject to the same rules of transferability. An adult business permit will be valid only for the exact location specified in the permit. L. Enforcement and Revocation. 1. 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: 191 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 154 i. Any of the applicable requirements of this section ceases to be satisfied; or ii. The application is discovered to contain incorrect, false or misleading information; or iii. An owner has pled 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 17.28.050(F)(2)(j); or iv. Any operator, employee, agent or contractor of the permittee has pled 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 17.28.050(F)(2)(j); 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 of this 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 (10) days following the date written notice of such violation is mailed or delivered to the permittee, or (b) If the violation is of a 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 individual 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 17.28.050(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. 1. 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 disagreement with the director’s stated decision, 192 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 155 include the address to which notice is to be mailed, be signed under penalty 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 action appealed from. 4. The hearing officer or city council will issue written findings and a decision within ten (10) 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 Section 1094.8. 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 1094.8. 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 (1) year from the date such notice of denial may be deposited in the mail or received by the permittee, whichever occurs first. However, a reapplication prior to the termination of one (1) 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. O. Violations. 1. 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 remedies, 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. 193 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 156 P. Regulations Nonexclusive. The provisions of this section regulating adult businesses are not intended to be exclusive and compliance therewith will not excuse noncompliance with any other applicable regulations pertaining to the operation of businesses adopted by the city. (Ord. 361 § 2 Exh. C, 2007) 17.28.060 Emergency shelters and single room occupancy unit developments. A. Emergency Shelters. 1. One (1) emergency shelter facility per lot is allowed and shall be located at least five three hundred (5300) feet from any other emergency shelter, as measured from the closest property line. Emergency shelters shall be located within one-half mile of a transit stop. 2. Overnight occupancy shall be limited to one (1) 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: i. Showers; ii. Laundry facilities; iii. Kitchen, food preparation, and dining areas; iv. Storage areas to secure client belongings; 194 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 157 v. Private area or office for providing referral services to assist shelter clients; vi. 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 submitted 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. 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. 1. One (1) 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: i. Laundry facilities; ii. Manager’s office; iii. 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 submitted 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 requirements. 195 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 158 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. (Ord. 415 § 2, 2012) 17.28.070 Produce stands. A. One (1) sales produce stand per lot is allowed. B. The produce stand shall be accessory to the permitted plant production on the same lot, and only if at least ninety-five percent (95%) of the area of the lot is devoted to plant production. C. A produce stand may sell raw unprocessed fruits, vegetables, nuts, seeds, cut flowers and ornamental plants grown on the same lot and on other lots, under the same ownership, which are located in the city. D. The floor area of the produce stand shall not exceed four hundred (400) square feet. E. The produce stand shall be 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 (1) freestanding sign a maximum height of eight (8) feet and a maximum of thirty-two (32) square feet and one (1) sign attached to the produce stand, in addition to signs otherwise allowed on the property pursuant to Chapter 17.40 of this title, are allowed. (Ord. 297 Exh. A, 2003) 17.28.075 Community Gardens A. Size Limit. Community gardens may consist of lot sizes of no more than two (2) 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. 1. Site users must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, and security requirements. 196 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 159 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. To the extent permitted under federal and state law, site users must use organic and sustainable growing practices. D. Compost. Compost materials from the garden or gardeners shall be stored at least 10-feet from any property line and in a manner that is not visible from adjacent property or offsite (shielded from view by shrubbery or an enclosure), 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. Beekeeping. Community gardens shall be subject to the apiculture allowances and requirements included within 17.28.030(A)(4). 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: 1. 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 include educational facilities providing instruction in pre-school, kindergarten or any grades one (1) through twelve (12), that is in existence at the time the license is 197 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 160 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 17.44.030(B), 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 writing to comply with all conditions prior to the issuance of a zoning clearance. D. Duration of Permit. Unless otherwise stated in the zoning clearance for an industrial hemp retail sales establishment, 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 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: 1. 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 impact 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 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 zoning clearance and those of Chapter 17.44, the findings and provisions of this section shall control. (Ord. 497 § 2, 2021) 198 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 161 17.28.090—17.28.110 Reserved. 17.28.120 Temporary filming. A. Definitions. For the purposes of this title, the following definitions shall apply: 1. “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 produced by a nonprofit organization, which qualifies under Section 501(C)(3) of the Internal Revenue Code as a charitable 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 camerapersons. 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. B. Permits and Exemptions. 1. 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 similar entity engaged in news media, including on-the-spot print media, publishing, or broadcasting of news events concerning 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. 199 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 162 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 authorize motion picture, television, or still photography. The rules and regulations will be based upon the following criteria: a. The health and safety of all persons; 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; ii. 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; 200 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 163 vii. Activity that may cause an impact to the public health, safety, or welfare, such as the use of any animals, gunfire 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.) if a 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 services 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 applicant (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 occurrence. 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. 201 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 164 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 comply 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. (Ord. 465 § 3, 2018; Ord. 297 Exh. A, 2003) 17.28.130 Outdoor sales and services—Temporary. Such uses are permitted for one (1) calendar day in any ninety (90) day period, provided that they do not disrupt normal traffic flows and do not result in the blocking of public rights-of-way, parking lot aisles or required parking spaces. All related facilities and materials shall be removed on the departure of the use. (Ord. 297 Exh. A, 2003) 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. 1. 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 contains 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 10. Outdoor dining areas shall not encroach into the areas near corners of sidewalks or where crosswalks are present. This area shall be defined as a 15 foot area, beginning atnear the crosswalk or curb cuts. 202 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 165 17.28.140 Christmas tree sales. The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during the forty-five (45) day period immediately proceeding 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 (1) temporary, unlighted identification sign not exceeding twenty (20) square feet in area. (Ord. 297 Exh. A, 2003) 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 construction is in full force and effect on the same site. The unit shall be connected to a water supply and sewage disposal system approved by the Ventura County environmental health division, and shall be removed from the site within forty-five (45) days after a clearance for occupancy is issued by the city department of building and safety. (Ord. 297 Exh. A, 2003) 17.28.160 Storage of building materials—Temporary. The temporary storage of construction materials is permitted on a lot adjacent to one on which a valid zoning clearance and building permit allowing such construction is in force, or on a project site within a recorded subdivision. Such storage is permitted during construction and for forty-five (45) days thereafter. (Ord. 297 Exh. A, 2003) 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 established to minimize the impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy, traffic congestion, trespassing and risk of damage or injury from flying projectiles and debris. B. Application. 1. Facilities less than forty-two (42) inches in height above adjacent finished grade level, which cover less than thirty-two (32) square feet of aggregate ground area and do not have a platform on which to stand, are exempt from the requirements of subsections (C) through (I) of this section. Such exempt facilities must otherwise meet the provisions of the zoning ordinance. 2. Those facilities not exempt may be permitted upon issuance of a zoning clearance provided all standards of this title are met. 203 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 166 3. Facilities that exceed the standards set forth in subsections (C) through (G) of this section may be authorized by a conditional use permit approved by the director of community development. C. Size. No point on a facility shall extend more than eight (8) feet above adjacent finished grade level and no facility or collection of facilities on a given lot shall cover more than four hundred (400) square feet of aggregate ground area. D. Setbacks. All facilities shall be set back the following distances from all other structures and property lines: 1. All facilities shall be set back a minimum of six (6) feet from all other structures. 2. All facilities shall be set back a minimum of twenty (20) feet from all property lines with an additional five (5) feet of setback required for each one (1) foot increase of height over six (6) feet above adjacent finished grade level. 3. Facilities shall not be located in the area between the public or private right-of-way and the front of any building on the site, unless the facility is not visible from the public or private right-of-way or neighboring building and otherwise conforms to the applicable setback requirements. E. Construction Standards. All facilities shall be constructed so as to minimize visual and auditory impacts. 1. The sides of all facilities that are above ground, not including any rails, shall be enclosed with a solid material, such as plywood. 2. Spaces between finished grade and the lower, horizontal surfaces of the facility shall be filled with earth or other suitable solid material. 3. The backs of all surfaces not affected by subsection (E)(2) of this section shall be padded with sound-absorbing material such as carpeting. 4. Facilities may be painted, stained, or left in their natural finish. Posters, banners, handbills, bumper stickers, or signs of any kind shall not be affixed to the facility, if visible from neighboring properties. Signage for the facilities shall be in accordance with Chapter 17.40 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. 204 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 167 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. (Ord. 297 Exh. A, 2003) 17.28.250 Reserved. 17.28.270 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 1 of Planning and Zoning Law commencing with California Government Code Section 65660. B. Application. A zoning clearance permit is required prior to the establishment of any low-barrier navigation center 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 areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements: 1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies 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 1, 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. 205 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 168 Chapter 17.30 LIGHTING REGULATIONS • 17.30.010 Purpose and intent. • 17.30.020 Definitions. • 17.30.030 Applicability. • 17.30.040 General requirements. • 17.30.050 Prohibited lighting. • 17.30.060 Plans required. • 17.30.065 Design standards. • 17.30.070 Design guidelines. • 17.30.080 Certification/testing. • 17.30.090 Exemptions. • 17.30.100 Violation—Penalties. • 17.30.110 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 development. 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. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 17.30.020 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 specified, in accordance with the CIE 1960 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 performance 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. 206 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 169 “Human scale” means the proportional relationship of a particular building, structure, or streetscape element to human 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, often 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 system 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 (1) foot-candle. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 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. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 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 servicing of supports, globes, fixtures and foundations is required. Poor maintenance shall be considered a public nuisance. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 17.30.050 Prohibited lighting. The following types of lighting shall be prohibited within the city: 207 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 170 A. Any outdoor lighting system erected, installed, modified or reconstructed without proper plans and permit approvals; 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. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 17.30.060 Plans required. All commercial, industrial, and institutional projects with twenty (20) or more parking spaces and multi-family residential projects of five (5) or more units shall have plans for the outdoor lighting system approved by the city’s community 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 erected; 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; 208 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 171 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 layout 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 catalogues, 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 department. A fee, as established by city council resolution, is required to accompany each application for a lighting plan. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 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 percent (95%) or more of the grid points within the parking area on the photometric plan. D. Light poles shall not exceed twenty-five (25) feet in height in all commercial, industrial and institutional zones, except within one hundred (100) feet of residential zones, where the maximum height shall be twenty (20) feet. Light poles in residential zones shall not exceed fourteen (14) feet in height except in the RPD zone where light poles for multi-family residences may be up to twenty (20) feet in height if permitted by the city council. 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 n 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: 1. 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. 209 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 172 G. The following minimum vertical clearances shall be maintained by luminaires and light pole areas: 1. Over driveways/aisles: fourteen (14) feet; 2. Over walkways: eight (8) feet. H. All lamps over one hundred (100) watts shall emit sixty (60) lumens or more of light per watt of electrical power. 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 (1) hour before daylight, unless otherwise approved by the community development director for safety or security reasons. (Ord. 286 § 1, 2002) 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 appropriate 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 building(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. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 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 building permits for the implementation of the lighting plans. 210 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 173 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 lighting. Deviations and/or violations shall be corrected prior to the final clearance for the project. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 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 decorative 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 chapter 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 recognized 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 creation 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 abutting 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. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 211 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 174 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 infraction and, upon conviction thereof, 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. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 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 nonconformity. 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. (Ord. 286 § 1, 2002; Ord. 266 § 2, 1999) 212 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 175 Chapter 17.32 OFF-STREET PARKING REQUIREMENTS • 17.32.010 General provisions. • 17.32.020 Required parking. • 17.32.025 High street area parking requirements. • 17.32.030 Loading spaces. • 17.32.040 Parking lot design standards. • 17.32.050 Parking space standards and striping. • 17.32.060 Parking lot restriping. • 17.32.070 Parking lot landscaping. • 17.32.080 Drive-through facilities. • 17.32.090 Parking and private street access gates in residential and nonresidential areas. • 17.32.100 Residential access and operable motor vehicles. • 17.32.110 Second driveways in single-family residential zones. • 17.32.120 Recreational vehicle and trailer parking and storage standards. • 17.32.130 Relief from parking requirements. • 17.32.140 Conformance with State Law Note * Prior ordinance history: Ords. 189, 205, 211 and 343. 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 manner 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. The installation of new substandard or compact parking spaces is prohibited. 213 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 176 I. Shared parking for commercial and industrial uses, reducing the minimum required parking spaces by up to twenty-five percent (25%) while maintaining a minimum of twenty (20) parking spaces, may be allowed by the community development director when the director has determined that due to the operational characteristics of the on-site uses, parking demands will occur at different times. J. 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, traffic 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. (Ord. 353 § 2 Exh. A, 2007) K. Parking along corridor frontages shall be located and accessed from the rear of buildings 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 specified below. In the calculation of required spaces, Aa fraction of a space greater than one- half (1/2.5) 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. 214 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 177 Use Minimum Parking Required Based on Gross Floor Area of Building (Unless Otherwise Stated) A. Agricultural 1. Wholesale nurseries, tree farms and ornamental plant farms including container plants, greenhouse, hothouse and the likesimilar uses 5 spaces for sites < 5 acres 10 spaces for sites 5 to 20 acres 20 spaces for sites > 20 acres 2. Wildlife sanctuaries As specified by conditional use permit B. Residential: Handicap Accessible parking must be provided where required by the California Accessibility Code. 1. Boarding houses and bed and breakfast inns 2 spaces in a garage plus 1 space per rented room 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 ≤ 2,800 sq. ft.with up to 5 bedrooms 3 spaces in a garage for dwellings > 2,800 sq. ft.with 6 bedrooms 4 spaces in a garage for dwellings with 7 bedrooms 5 spaces in a garage for dwellings with 8 or more bedrooms 4. Dwellings, two-family or 2 single- family dwellings on 1 lot (not second dwellings per Section 17.28.020(G)) 2 spaces in a garage for each dwelling ≤ 2,800 sq. ft. 3 spaces in a garage for each dwelling > 2,800 sq. ft. 5. Dwellings, multiple (> 2 units)units with at least one common wall, such as a condominium, townhouse, or apartment development 1 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 6. Mobile home parks 2 tandem spaces covered in a garage or carport plus 1 space for each 4 mobile homes for visitors 7. Model homes, temporary office for sale of homes or lots in subdivision where a model complex plan/temporary office complex plan 8 spaces minimum. The director may increase the standard depending upon the number of models 8. Accessory dwelling units See Section 17.28.020(G) 9. Senior housing (attached or detached) restricted to residents 55 years old and older 0.5 spaces per unit (0.25 spaces shall be in a garage or carport) 215 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 178 C. Commercial retail and service: Handicap 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 (10) vehicle spaces must be provided. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Location of bicycle and motorcycle spaces is subject to the approval of the community development director. All parking is calculated per gross floor area unless otherwise stated. 1. Adult businesses As specified by conditional use permit but no less than 1 space per 300 sq. ft. 2. Automobile/light truck/motorcycle a. Rental 1 space per 2,000 sq. ft. of display area plus 1 space per 300 sq. ft. of office b. Brakes, oil changes, tires and shock sales and installation, tune-ups 1 space per 1,000 sq. ft. of display area plus 1 space per service bay, plus 1 space per 300 sq. ft. of office c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting 2 spaces per service bay plus 1 space per 300 sq. ft. for office d. Sales, service and/or parts 1 space per 300 sq. ft. of display area or office, plus 1 space per service bay e. Automobile service stations with or without mini-marts. 1 space per pump island and service bay plus 1 space per 300 sq. ft. of mini-mart 3. Building supplies 1 space per 300 sq. ft. 4. Car washes, self-service or automatic with or without automotive service stations 2.5 spaces per washing stall for self-service carwashes 1 space/20 linear feet of wash tunnel for full service car washes plus 1 space for each pump island and service bay 5. Shopping Centers (4 or more uses tenants and over 25,000 sq. ft.) 1 space per 250 sq. ft. which may be used for any combination of retail, restaurant, and office uses (existing retail centers may also have any combination of retail, restaurant, and office uses when this ratio of parking is provided; otherwise, required parking is calculated based on specific uses) 6. Cyber cafes, video/computer arcades, game rooms 1 space per 300 sq. ft. plus one1 4-space bicycle rack per 2,000 sq. ft. of floor area 7. Commercial uses not listed, unless specific parking requirements are otherwise determined by the community development director 1 space per 300 sq. ft. 8. Furniture and large appliance stores 1 space per 500 sq. ft. of display/warehousing area plus 1 space per 300 sq. ft. for office 216 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 179 9. Hotels, motels and bed and breakfast inns 1 space per room plus 1 space per 300 sq. ft. of office (accessory uses such as restaurants, nightclubs, conference facilities and banquet facilities shall provide the parking required for those individual uses) 10. Kennels and catteries 1 space per 300 sq. ft. of lobby or office, whichever is greater plus 1 space per employee 11. Nurseries (retail) 1 space per 2,000 sq. ft. of display area plus 1 space per 300 sq. ft. of office 12. Recreation vehicle storage yard 1 space per 300 sq. ft. for office plus one space for every 50 storage spaces 13. Rental and leasing of large equipment with/without outdoor storage and repair 1 space per 500 sq. ft. plus 1 space per 2,000 sq. ft. of outdoor storage or display area 14. Retail shops and services, except as otherwise indicated in this table, including but not limited to antiques, art supplies, auto supply, bakery, barbers, beauty salons, bicycle sales/service, book and stationary, building supplies, camera/photo, carpet sales/cleaning, cigar/cigarette sales, clothing and fabric, computer sales, copy services and supplies, day care, department and variety, dry cleaners, florist, flooring/carpet sales/service, food and market, gift and novelty, hardware, home and office furniture, jewelry, key and locksmiths, music, newsstands, pet grooming, pet supplies, pharmacy, photo/camera, pool supplies, sporting goods, small equipment rental (no outdoor storage), spa, toy and hobby, used merchandise, video/DVD/CD sales and rental, wireless sales/service and uses which the community development director determines to be similar 1 space per 300 sq. ft. 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 1 space per 300 sq. ft. used for retail sales 217 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 180 D. Eating and drinking places: Handicap 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 (10) vehicle spaces must be provided. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Location of bicycle and motorcycle spaces is subject to the approval of the community development director. All parking is calculated per gross floor area unless otherwise stated. 1. Bars with or without entertainment including, but not limited to cocktail lounges, cabarets with or without outdoor seating 1 space per 100 sq. ft., minimum parking is 10 spaces 2. Breweries, micro breweries, wineries/tasting rooms in accordance with the restrictions below: 1 space per 100 sq. ft., minimum parking is 10 spaces a. With or without restaurant and with or without outdoor seating and with or without entertainment. 1 space per 100 sq. ft., minimum parking is 10 spaces b. Operations involving only the production, bottling, and distribution of beverages. 1 space per 500 sq. ft. 3. Restaurants and similar establishments engaged 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 consumption of beer and wine and with or without outdoor seating 1 space per each 100 sq. ft. (including outdoor seating area) up to 4,000 sq. ft. plus 1 per each 80 sq. ft. over 4,000 sq. ft. b. With drive-in or drive-through facilities with or without outdoor seating 1 space per each 80 sq. ft. (including outdoor seating area) A minimum queue of 8 cars (using a 20 feet per car length) shall be provided for the drive-through lane separate from the parking space aisle 218 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 181 E. Office and professional: Handicap 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 (10) vehicle spaces must be provided. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Location of bicycle and motorcycle spaces is subject to the approval of the community development director. All parking is calculated per gross floor area unless otherwise stated. 1. Banks and other financial institutions 1 space per 300 sq. ft. plus 1 space per Automated Teller Machine 2. Laboratories: research and scientific 1 space per 300 sq. ft. 3. Professional and administrative offices including, but not limited to: accounting, advertising agencies, chiropractic, collection services, dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment, medical, optical and related health services, planning services, real estate services, secretarial services, travel agencies, and uses which the Community Development Director determines to be similar 1 space per 300 sq. ft. 4. Veterinary offices and animal hospitals 1 space per 300 sq. ft. F. Manufacturing, assembly and distribution: Handicap 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 (10) vehicle spaces must be provided. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Location of bicycle and motorcycle spaces is subject to the approval of the community development director. All parking is calculated per gross floor area unless otherwise stated. 1. Cement, concrete and plaster, and product fabrication As specified by conditional use permit 2. Distribution and transportation facilities As specified by conditional use permit 3. Heavy machinery repair, including trucks, tractors and buses As specified by conditional use permit 219 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 182 4. Manufacturing and assembly including, but not limited to appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, metal fabrication, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles, welding, and other uses which Community Development Director determines to be similar. 1 space per 500 sq. ft. 5. Warehousing and Wholesaling 1 space per 500 sq. ft. 6. Self-storage or mini-storage 10 spaces for self-storage or mini-storage 7. Outdoor Storage, including, but not limited to vehicles, equipment, tools, and supplies 1 space per 1,000 sq. ft. of outdoor storage space G. Public and semi-public: Handicap 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 (10) vehicle spaces must be provided. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Location of bicycle and motorcycle spaces is subject to the approval of the community development director. All parking is calculated per gross floor area unless otherwise stated. 1. Care facilities not in a single-family home, including adult day care facilities, Alzheimer’s day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long-term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life- threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, therapeutic day services facilities, transitional housing placement facilities, emergency shelters, and transitional shelter care facilities as defined in Division 2 of the Health and Safety Code 1 space per 2 beds plus 1 space for each 500 sq. ft. 2. Clubhouses, lodges, banquet halls 1 space per 80 sq. ft. 220 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 183 3. Governmental uses including, but not limited to city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities As specified by permit 4. Hospitals, including urgent care 1 space per 3 beds plus 1 space per 225 sq. ft. of office area 5. Places of religious worship, with or without schools 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 6. Public and private education and training facilities including, but not limited to colleges and universities, elementary, middle and high schools, professional and vocational schools As specified by permit 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 As specified by permit 8. Theaters, amphitheaters and the likesimilar uses 1 space per 40 sq. ft. without fixed seats 1 space per 3.5 fixed seats H. Accessory and miscellaneous 1. Dwelling, caretaker for self-storage or mini- warehouse 2 spaces in a garage 2. Outdoor sales (Temporary) As specified by permit 3. Retail shops and services as listed in Table 17.20.060(A)(22) when the uses are determined by the community development director to be ancillary to the office uses of the zone 1 space per 300 sq. ft. 4. Temporary uses including, but not limited to carnivals, Christmas tree sales, circuses, festivals, movie and television production, sidewalk sales, special events, outdoor sales As specified by permit (Ord. 449 § 3, 2017; Ord. 420 § 3, 2013; Ord. 353 § 2 Exh. A, 2007) 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 manner 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 221 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 184 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 construct 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 (100) parking spaces and forty (40) parking spaces are provided, 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 described 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 (100%) percent of the parking required pursuant to Section 17.32.020 is exempt from the shared parking and shared access requirements set forth herein. (Ord. 381 § 2, 2009; Ord. 353 § 2 Exh. A, 2007) 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 improvements 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. 222 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 185 Use Spaces Required 1. Restaurants and other eating and drinking establishments a. <4,000 sq. ft. 0 b. 4,000 — 10,000 sq. ft. 1 c. 10,001 — 20,000 sq. ft. 2 d. >20,000 sq. ft. 2 plus 1 space for each additional 50,000 sq. ft. of building. 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. 1 c. >100,000 sq. ft. 1 plus 1 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. 5,001 — 30,000 sq. ft. 1 c. 30,001 — 80,000 sq. ft. 2 d. >80,000 sq. ft. 3 plus 1 space for each additional 100,000 sq. ft. B. A fraction of a space greater than one-half (1/2) 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 Height Turning Radius 1. 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: 1. 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 of religious assembly, care facilities, educational institutions, and parks, loading facilities shall be no closer than 10-feet from property line and incorporate an eight (8) foot high decorative block wall, measured from the highest finished grade adjacent to the wall. 223 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 186 2. 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. (Ord. 353 § 2 Exh. A, 2007) 5. Loading areas shall include at least one sign stating that vehicle idling shall be limited to five (5) 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. 1. All aisles and parking spaces must be on-site. Minimum parking aisle widths must be in accordance with the following 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. Parking Angle (in degrees) 30 45 60 90 a. One-Way Aisle 16′0″ 18′0″ 20′0″ 25′0″ b. Two-Way Aisle 22′0″ 22′0″ 25′0″ 25′0″ 2. Each parking lot entrance and exit must be constructed and maintained so that a sight distance visibility triangle is maintained in accordance with the exhibit shown below and/or Caltrans design standards if applicable for site visibility. Exits from parking lots must be clearly posted with “STOP” signs in accordance with the requirements of Chapter 17.40. 224 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 187 3. Paving in parking lots must be asphalt, concrete or other permanent surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. 4. Driveways must utilize an alley type return, consistent with city standards and be designed to meet the following width standards: a. One lane driveways must be a minimum of sixteen (16) feet wide and a maximum of twenty (20) feet wide. b. Two lane driveways must be a minimum of twenty-five (25) feet wide and a maximum of forty- five (45) feet wide. B. Location. 1. Off-street parking spaces must be located on the same lot as the building or use that they serve, except when said parking is located on an off-site lot within five hundred (500) feet or less from the property it serves and when the following findings can be made: a. Fifty percent (50%) or less of the required parking is off-site; b. A parking covenant is recorded against the site tying the off-site parking with the off-site use until the parking is replaced. 225 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 188 2. Carpool parking spaces must be located as close as practical to the entrance(s) of the use they are intended to serve. 3. Bicycle parking spaces must be located as close as is practical to the entrance to the uses which they serve, but not so they obstruct or impede pedestrians. 4. Motorcycle parking spaces must be located as close as is practical to the entrance to the uses which they serve. C. Design. Parking and loading facilities must meet the following standards: 1. The finished grade of a parking stall space may not exceed five percent (5%) slope in any direction. 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 combined with on-site landscaping. b. Landscaping, consisting of trees, shrubs, and ground cover lower than three and one-half (3 1/2) 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 (1) 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 allowed. 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 between parking stalls. 226 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 189 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 (10) foot wide landscaped 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. (Ord. 353 § 2 Exh. A, 2007) 17.32.050 Parking space standards and striping. A. Parking Space Size. All measurements are the minimum requirements. Compact parking spaces are not allowed. Type Stall Width in 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 obstructions b. Carport or Open 9 2019* 3. Commercial and Industrial 9 2019* 4. Motorcycle 54.5 107 5. Parallel 109 24 6. Compact 8 16 Limited to 25% of the required parking and subject to approval per Section 17.32.060 *Parking stalls may reduced to 17 feet in depth when a two-foot landscaped planter is provided for vehicle overhang. 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 maneuver 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. C. Tandem parking spaces may be provided in garages for single-family residences over two thousand eight hundred (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 garages for residential uses to provide parking in excess of required parking. 227 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 190 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. (Ord. 425 § 3, 2013; Ord. 353 § 2 Exh. A, 2007) 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 clearance 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 nonconforming spaces do not increase the nonconformity. Approval of a zoning clearance for parking lot restriping is required 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). (Ord. 353 § 2 Exh. A, 2007) 17.32.070 Parking lot landscaping. A. A minimum of ten percent (10%) 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 overhang area for a vehicle, will not be counted toward the required landscaping of the parking area. Landscaping of parking 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 Avenue 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 (10%) of the parking area. Landscaping in the public right-of-way may be counted toward meeting a portion or all of the landscaping for the site if the property owner agrees to maintain such landscaping. 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. 228 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 191 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 portland cement concrete curbs. When a parking stall is located adjacent to a planter, a one (1) foot wide portland cement concrete area adjacent to the planter curb must be provided. (Ord. 353 § 2 Exh. A, 2007) F. Underground parking and multi-floor parking facilities shall provide enhanced landscaped areas at the entrance and exits of the underground facility, equally at least 2% of the parking area. Landscaping that cannot be provided adjacent to the entrance and exit to the parking structure shall be incorporated 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 m odification to an existing conditional use permit. The requirements outlined below 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. 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. (Ord. 353 § 2 Exh. A, 2007) 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 engineer/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 community. Pedestrian access may be required as part of the gate design when, in the opinion of the community development director, it is necessary to serve the community in which the gated area is located. At a minimum, the gates must be designed to: 229 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 192 1. Operate electronically, opening automatically by use of a controller or remotely through a directory key pad; 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 approval 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. 1. 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 17.32.090(A). C. By no later than December 31, 2010, all gates for residential and nonresidential uses must meet the standards within this section. Prior to December 31, 2010, if any repairs to the gates that are in excess of fifty percent (50%) of the value of the gates, as determined by the building official of the city, must comply with the standards within this section. DC. The community development director has the discretion to require applications for any gates to be reviewed by the planning commission. (Ord. 353 § 2 Exh. A, 2007) 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 throughout 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 230 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 193 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 percent (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. (Ord. 353 § 2 Exh. A, 2007) 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 corner 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 administrative permit for a second driveway if it is not on a corner 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. Construction of second driveways must meet city standards. (Ord. 353 § 2 Exh. A, 2007) 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. For on-street parking requirements see Chapter 10.04. For the purposes of this section, “trailer” includes a towed recreational vehicle as defined in Section 17.08.010 as well as a utility trailer used to haul personal, nonbusiness property (e.g., boat trailer, motorcycle trailer). Storage implies on-site parking without moving the vehicle for more than seventy-two (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 surface in the side yard, but not in a street side yard. 231 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 194 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 screened by landscape that shall not protrude, overhang or impede onto the property line. The recreational vehicle shall be screened by landscaping planted with a minimum of five (5) gallon shrubs or trees, at two (2) feet on center. The landscaping shall not protrude, overhang or impede into the three (3) foot setback. 4. Parking or storage of a recreational vehicle in the rear yard, unless the garage is located in the rear yard, is prohibited except as permitted by Section 17.32.120(B). 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 an eight (68) 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 applicant 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. (Ord. 353 § 2 Exh. A, 2007) 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 manner 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: (a) The applicant shall submit a parking study prepared by a professional traffic engineer registered by the State, demonstrating that the parking demands for the uses for which shared parking is requested will not conflict. The parking study 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: (1) Size and type of uses; 232 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 195 (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 involved shall not exceed the number of spaces reasonably anticipated to be available during the different hours of operation 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 accepted 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 applicant 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 certain 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 decisionmaker 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: 233 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 196 (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: (1) Size and type of use; (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. 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, some parking spaces may be provided uncovered or in carports, as determined by the decisionmaker on the basis of findings that uncovered parking spaces or carports will improve the appearance of the project by reducing the number of garages 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 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 are more important than an improvement in the appearance of the project or an increase in open vistas or landscaped or recreational areas in the project. 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 decisionmaker 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. 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. 234 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 197 Chapter 17.36 STANDARDS FOR SPECIFIC ZONES AND ZONE TYPES • 17.36.010 Standards for all zones. • 17.36.020 Standards for open space, agricultural and residential zones. • 17.36.030 Standards for residential planned development (R-P-D) zoneReserved. • 17.36.040 Standards for commercial zones. • 17.36.050 Standards for industrial zones. • 17.36.060 Standards for overlay and special purpose zones. 17.36.010 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: 1. 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; 8. Fire hazards; 9. Geology and soils; 10. Health—impacts on human health; 11. Infrastructure available to serve the development, and impacts on existing infrastructure (water, sanitation, electricity, 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; 235 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 198 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 district, including all requirements for construction within high fire hazard area as set forth in the city building code. (Ord. 189 § 3 (8109-0), 1994) 17.36.020 Standards for open space, agricultural and residential zones. A. General Standards. The following standards shall apply to development in all O-S, A-E and R- Zones: 1. Except as otherwise provided in this title, there shall not be more than one (1) 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 during construction or a farm worker dwelling may be used for human habitation. 236 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 199 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 of ten thousand (10,000) pounds or more (excluding 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. (Ord. 449 § 3, 2017; Ord. 189 § 3 (8109-1), 1994) 17.36.030 Standards for residential planned development (R-P-D) zone. A. The planning commissionor city council may grant a residential planned development permit (RPD) for such land in the RPD zone or other residential zone which it finds meets the requirements of this chapter. The planning commission or city council may impose such additional conditions and requirements upon an RPD permit as it finds are reasonable and necessary to carry out the purposes and requirements of this chapter. NOTE: A residential planned development permit shall be required for projects creating five (5) or more separate residential lots in the following zones: R-A, R-E, R-O, R-1, and R-2. B. The general requirements for the residential planned development zone are as follows: 1. Application. An application for an RPD permit may be filed by the owner of the property or his/her authorized agent. Such application requests shall be filed with the community development department. No application request shall be accepted for filing and processing unless it conforms to the requirements of this title, and the public hearing noticing procedures set forth in this title. The requested average number of units per acre shall be consistent with the zoning and general plan land use designation unless an application for a zone change and general plan amendment is filed concurrently with the RPD permit application. 2. Content of Applications. The content of the RPD permit application shall be accompanied by the prescribed number of copies of a project plan and such other detailed elevations, plans and other information as may be required to adequately evaluate the proposed development. For a residential subdivision project requiring an RPD permit, a tentative tract map or parcel map application shall not be complete until an application is also filed and determined complete for an RPD permit consistent with the requirements of this chapter and the provisions of this title. The project plans shall include the following information: a. A map showing division of the land for the sale of the individual property, if any; b. Existing contours at two (2) foot intervals if the existing ground slope is less than ten percent (10%) and not less than five (5) foot intervals for existing ground slopes greater than or equal to ten percent (10%). Contour intervals shall not be spread more than one hundred fifty (150) feet apart and existing contours shall be represented by dashed lines or by screened lines; 237 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 200 c. Location of all living trees having a trunk diameter of four (4) inches or more measured at four and one-half (4½) feet above the root crown, and other major natural features shall be shown; d. Proposed automobile and bicycle access and pedestrian way locations and dimensions. Proposed off-street parking, including the location, number of stalls, dimensions and circulation system; e. Proposed loading areas, including the location, dimensions, and number of berths; f. Lot dimensions and all recorded easements; g. Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings and other uses; h. Areas proposed for commercial uses, multi- and single-family dwellings, or other uses proposed to be established within the project; i. Proposed location and elevations of buildings on land including, dimensions, the size of the structure, height, setback, materials and yard areas; j. All proposed signs and their locations, size and height; k. Proposed landscaping walls, fencing, screening, trash collections areas, and usable open space areas; l. Location and size of existing and all proposed utility lines and drainage; m. A schedule for the development if phasing is proposed; n. Tabulation of total number of acres in the proposed project and the percent thereof designated for various uses; and the number of dwelling units proposed by type of dwelling for each unit of development; o. Construction materials and colors; p. Such additional information as may be required by the director of community development, consistent with Section 65944 of the State Government Code (or any subsequent amendments to that section of the Government Code), to clarify, amplify, correct, or otherwise supplement the information required for the application, and to comply with the provisions of Division 13 (commencing with Sections 21000) of the Public Resources Code. The director may waive or modify the RPD permit application requirements, listed above, if such items are found not to be applicable to the proposed development; q. If the applicant disagrees with the application requirements enumerated herein and as determined by the director of community development, he/she may appeal the director’s decision to 238 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 201 the planning commission within sixteen (16) days of the director’s decision before the application has been determined complete. The cost of the appeal shall be as described in the resolution establishing schedule of land development preliminary processing fee deposits. 3. Development Standards. Development standards, including but not limited to building height, minimum lot size, and setbacks for the R-P-D zone, shall be consistent with the standards and requirements set forth in this title, unless modified by the city council. For a housing development project which provides rental or ownership units for senior residents or very low or lower income households, as provided for in Chapter 17.64, development standards may be modified by the city council by an amount not to exceed twenty percent (20%). a. RPD Zone Setback Regulations. The following regulations shall apply to the RPD zone unless modified by the city council or planning commission. (Setbacks for structure not listed below shall be consistent with applicable setback requirements of the Moorpark zoning code.) b. Setbacks for Market-Rate, Single-Family Residential Projects. i. Front setback: overall average of twenty (20) feet is required for tract with a minimum setback of twenty (20) feet. The front setbacks of dwelling units shall be varied so as to provide visual variety. ii. Minimum side setback from any public street: ten (10) feet. iii. Minimum side setback on an interior lot: five (5) feet. iv. Sum of side yards on any lot: minimum of ten (10) feet. v. Minimum distance between structures that are separated by a side lot line and do not share a common wall: twelve (12) feet for single story; fifteen (15) feet for two (2) story. vi. Minimum setback from a rear lot line: twenty (20) feet for a house, ten (10) feet for an enclosed patio, ten (10) feet for an open patio cover or balcony, and five (5) feet for an accessory structure. vii. Two (2) story residences with windows facing the adjacent property shall have a minimum ten (10) foot sideyard setback (second story only) and a minimum twenty (20) foot rear yard setback from the adjacent property line. c. Reserved. d. Setbacks for Market-Rate Multifamily Residential Development Projects. i. Minimum landscaped setback of twenty (20) feet with an average landscaped setback of twenty- four (24) feet from any primary or secondary arterial street and twenty (20) feet from any collector, minor or cul-de-sac street. 239 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 202 ii. Minimum interior yard side setback: ten (10) feet. iii. Minimum rear setback: as determined by the RPD permit. iv. In the case of RPD subdivisions involving townhouse developments, the setbacks shall be measured from the exterior property lines surrounding the project. e. Reserved. 4. RPD Zone Height Requirements. The following regulations shall apply to the RPD zone unless modified by the city council or planning commission: a. The maximum height of a single-family residence may be increased above twenty-five (25) feet, to a maximum of thirty-five (35) feet, if the sideyard is at least fifteen (15) feet. b. The maximum height for a multifamily residential structure shall be thirty-five (35) feet. c. For single-family and multifamily residential structures, no more than three (3) stories shall be permitted. d. The maximum height of accessory structures shall be fifteen (15) feet, with the exception that the maximum height of a patio cover shall be twelve (12) feet. 5. RPD Zone Minimum Lot Area. Shall be as specified by the RPD permit, consistent with the zoning designation. 6. Parking Requirements. Parking shall be provided consistent with the provisions in the zoning ordinance. 7. Reserved. 8. Findings. An RPD permit may only be granted if all billed fees and charges for processing the application request that are due for payment have been paid, and if all of the following findings can be made based on factual evidence and testimony presented at the public hearing: a. Finding that the planned development is consistent with the intent and provisions of the city’s general plan, zoning code and any applicable specific plan; b. Finding that the planned development is compatible with the character of surrounding development; c. Finding that the planned development would not be obnoxious or harmful, or impair the utility of the neighboring property or uses; 240 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 203 d. Finding that planned development would not be detrimental to the public interest, health, safety, convenience or welfare. (Ord. 189 § 3 (8109-2), 1994) 17.36.040 Standards for commercial zones. A. The following standards shall apply to development in all commercial zones: 1. 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 function. 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 prohibited. 3. Undergrounding of Utilities. Utility lines, including electric lines of less than 67 kilovolts (kv), communications, 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 area being subdivided. Appurtenant 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 be required to be undergrounded unless 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, processing or packaging of products. Such activities shall be permitted in commercial zones only as accessory to a principal retail use. 6. Performance Standards. Development in commercial zones is subject to the performance standards of this title. B. OpenOutdoor Storage. OpenOutdoor 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 landscaped 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 241 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 204 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. (Ord. 189 § 3 (8109-3), 1994) 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), communications, 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. Appurtenant 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 unless 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 characteristics 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 geographic 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; ii. Noise, vibration, pulsations or similar phenomena; iii. Glare or heat; iv. Radioactivity or electrical disturbance. The point of measurement for these factors shall be at the lot or ownership 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 adequate safety devices against the hazard of fire and 242 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 205 explosion, and adequate fire-fighting 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 processes in sewage treatment. The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial 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: 1. 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: 243 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 206 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 orientation to streets. b. Building Form. i. Single uninterrupted wall panes shall be softened with the use of staggering vertical walls, roof overhangs, pilasters 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, sunlight 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 fascias, 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: 1. The same criteria given for the M-1 zone (Section 17.36.050(B)(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 244 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 207 building a distance of at least ten (10) feet. The metal portion of the principal building and all metal accessory buildings shall have exterior surfaces constructed 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 17.24.060(C). (Ord. 189 § 3 (8109-4), 1994) D. Minimize impact on adjacent uses. To minimize adverse impacts on adjacent uses and enhance the visual characteristic of the area, all industrial uses shall adhere to lighting design standards required in Section 17.30.065 and utilize masonry walls and landscape screens as required in Section 17.24.040(F). 17.36.060 Standards for overlay and special purpose zones. A. Standards and Procedures for Planned Community (P-C) Zone. 1. Special Standards. In addition to the specific development standards required in Section 17.24.020, the following 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: i. Crop production; ii. 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. 245 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 208 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 densities, 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 original zone change to P-C. b. An application for rezoning to P-C shall also include the following maps and reports: i. Maps indicating geological conditions, areas subject to flooding and fire hazard areas. ii. Soils reports, prepared by a licensed soils engineer, indicating the suitability of the site for its proposed use. iii. 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 suppression, health and welfare services). The reports for these systems, facilities and services shall state the name of the 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 reduced, 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. 1. Special Standards. In addition to the specific development standards required in Section 17.24.020 and subsection A of this section, the city may require additional standards, procedures and conditions as determined to be appropriate by the city. (Ord. 189 § 3 (8109-5), 1994) 246 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 209 Chapter 17.38 HILLSIDE MANAGEMENT • 17.38.010 Purpose and intent. • 17.38.020 Applicability of this chapter. • 17.38.030 Exemptions. • 17.38.040 Definitions. • 17.38.050 Processing procedures and submittal requirements. • 17.38.060 Density transfers. • 17.38.070 Prominent landform and ridgeline standards. • 17.38.080 Slope categories. • 17.38.090 Slopes greater than fifty percent standards. • 17.38.100 Grading standards. • 17.38.110 Landform grading standards. • 17.38.120 Hillside street standards. • 17.38.130 Landscape and erosion control standards. • 17.38.140 Slope maintenance standards. • 17.38.150 Drainage standards. • 17.38.160 Hillside development findings. • 17.38.170 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 aesthetic relief to the viewscape from virtually every location in the city. The intent and purpose of this chapter is to implement the goals and policies of the general plan and the various elements contained therein as they relate to development 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; D. To reduce water use in slope replanting and retention by encouraging grading design that minimizes manufactured slopes; 247 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 210 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 prominent 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. (Ord. 207 § 3, 1995) 17.38.020 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 parcels that fall within the definition of a hillside area shall comply with all procedures, standards, and findings contained in this chapter. (Ord. 207 § 3, 1995) 17.38.030 Exemptions. Parcels containing only isolated landform features and drainage courses that contain slopes greater than twenty percent (20%) are not considered a hillside area and are exempt from this chapter if at least 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. Isolated landform features shall be at least 200 feet from highest ridgeline to the highest ridgeline of the nearest landform feature or ridge; 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: 1. 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, 248 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 211 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 similar 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 subdivided, 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 include 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; 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. (Ord. 207 § 3, 1995) 17.38.040 Definitions. Words and phrases in this chapter have the meanings set forth in this section. 249 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 212 “Contour grading” means a grading technique which utilizes curvilinear, horizontal, and vertical undulations in order 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 minimum 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 features” means a parcelslope on a parcel or area of land which has an isolated topographical features having a slope of greater than twenty percent (20%) which has a horizontal run of less than two hundred (200) feet and a vertical rise of less than fifty (50) feet. Isolated landform features are slopes separated from other slopes of greater than twenty percent (20%) by at least 200 feet from top of the highest topographic points. “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 hundred (500) feet horizontally behind it (see Ridgeline Map). “Significant ridgeline” means a prominent ridgeline which, in general, is highly visible and dominates the landscape. 250 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 213 “Slope face” means the slopes located directly below, or leading up to, the crest of a significant ridgeline or prominent landform. “Slope steepness” means the relationship (the ratio) between the change 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). “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. (Ord. 207 § 3, 1995) 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 discretionary 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. B. 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 project. The decision of the applicability of this chapter to a parcel or parcels of land shall be made to the director of community 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 requirements listed below. Additional information or studies may be required if deemed necessary under California Environmental Quality Act (CEQA) review procedures and other local, state, or federal laws. 1. 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: 251 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 214 a. The map shall be based on contour intervals no greater than ten (10) 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 identified 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 mylar 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 properties 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, methods 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 (100) feet of the project’s boundaries. When an adjacent property is improved, the plan shall show: pad elevations, street grades, wall sections, and any approved or existing improvements immediately adjacent to the subject property shall also be shown, b. One (1) 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 required for subdivisions where visual impacts are being evaluated; 252 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 215 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 application 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, conclusions 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 chapter. 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 recommendations covering the adequacy of sites to be developed and design criteria to mitigate any identified geologic hazards consistent with this chapter, ii. The investigation and report shall be completed by a professional geologist registered with the state of California who is certified in the practice of engineering geology, c. Hydrologic Report. i. A hydrologic 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 hydrologic conditions on the proposed development, opinions and recommendations covering the adequacy of the sites to be developed and design criteria to mitigate any identified hydrologic 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 hydrology and hydrologic investigation, 253 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 216 d. A drainage plan, including text, maps, and diagrams, shall be submitted to the city as part of any formal application 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 importing and exporting material; 10. 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 accordance with Section 65944 of the California Government Code. All studies shall be in conformance with the current city guidelines for each individual study or report. (Ord. 207 § 3, 1995) 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 utilized 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 utilized 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: 254 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 217 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 compatible 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 minimize 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. (Ord. 207 § 3, 1995) 17.38.070 Prominent landform 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 plateaus, valleys and similar natural landforms. Implementation of this section will ensure that the natural form and elevations 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: 1. Parameters for Requirement of a Visual Impact Study. A visual impact study will be required for projects located on the crest or slope face of a prominent landform or ridgeline that are physical components of the topographic features 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 substantially 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 ridgeline shall utilize architectural, grading, and landscape elements that serve to integrate the structure with the landform 255 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 218 upon which it is constructed. In determining 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. iii. Roof lines shall provide architectural relief in such a way as to complement the natural contours of the land. iv. Building colors shall emphasize blending with the surrounding natural terrain. v. Utilize daylight grading techniques, where appropriate, to reduce disruption of natural topography and vegetation. vi. Structural setbacks from the edge of natural slopes shall reduce visual prominence of structures. vii. Berming 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. (Ord. 207 § 3, 1995) 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 allowed by the general plan with density transfers permissible for development in slope areas which exceed twenty percent (20%). Where density transfers are not feasible, additional open space may be dedicated anywhere within the project 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 required by this section is in addition to any minimum percentage already required by the city general plan. (Ord. 207 § 3, 1995) 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 under the following circumstances: 256 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 219 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 intermittent 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. (Ord. 207 § 3, 1995) 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 complement 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: 1. 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 3:1 within landscape 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 project 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 homeowners 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. 257 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 220 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 manufactured 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 (10) 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 natural 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 (10) 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 require 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 category. 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. (Ord. 207 § 3, 1995) 17.38.110 Landform grading standards. A. General. Landform grading, as a design concept, utilizes grading techniques that stress the preservation of significant 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 natural 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: 258 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 221 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 4:1 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 techniques. (Ord. 207 § 3, 1995) 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: 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 ridgeline shall be prohibited; 4. Standard street sections shall be as follows in hillside areas where streets are proposed on grades of twelve percent (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; 259 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 222 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 detrimental 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 reducing grading and overall visual impacts while retaining acceptable traffic safety and street design characteristics. (Ord. 207 § 3, 1995) 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 involve 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. 1. 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 260 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 223 department of community development. Such plan shall outline all proposed planting in graded areas, means of irrigation, proposed timing of landscape 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; 2. Prior to Grading Permit Issuance: A manufactured slope revegetation report which analyzes existing soil conditions, proposed soil amendments, and plant suitability shall be submitted to the city for review and approval by the director 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. (Ord. 207 § 3, 1995) 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. (Ord. 207 § 3, 1995) 17.38.150 Drainage standards. All proposed drainage facilities shall respect the natural (before development), hydrologic characteristics of the subject 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 regulations, and shall be in addition to the provisions of the adopted version of the Uniform Building Code, the Ventura County 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 significant 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 construction 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 facilities) elements of the approved drainage facilities shall be 261 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 224 completed or otherwise provided for in a manner acceptable to the city before the completion of upstream phases. (Ord. 207 § 3, 1995) 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 techniques 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 preserves 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; H. That proposed residential development plans have been utilized such as varying setbacks and heights for buildings, building techniques, building forms, and materials which ensure the compatibility of structures with the surrounding 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 structures with the surrounding terrain; I. 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; 262 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 225 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. (Ord. 207 § 3, 1995) 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 contained in the city zoning ordinance. (Ord. 207 § 3, 1995) 263 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 226 Chapter 17.40 SIGN REGULATIONS (All Content Displayed) • 17.40.010 Purpose. • 17.40.020 Definitions. • 17.40.030 Applicability. • 17.40.040 General provisions. • 17.40.050 Signs not requiring a sign permit. • 17.40.060 Administration. • 17.40.070 General location, height and area standards. • 17.40.080 Design, material, construction and maintenance standards. • 17.40.090 Temporary banners and signs for city-sponsored events and Moorpark nonprofit organizations. • 17.40.095 Temporary directional signs for special events in the old town commercial (C-OT), planned community (PC), and institutional (I) zones. • 17.40.100 Permitted signage in residential, institutional, and open space zones. • 17.40.110 Commercial/industrial zones. • 17.40.120 Downtown specific plan area. • 17.40.130 Prohibited signs. • 17.40.140 Legal nonconforming signs. • 17.40.150 Unsafe signs. • 17.40.160 Nuisance and abatement, enforcement and penalties. • 17.40.170 Appeals. 17.40.010 Purpose. The purposes and intent of the regulations in this 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; 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; 264 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 227 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 signage which may distract 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, locational 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 permitted 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 policy and consistent with the purposes and intent stated in this section. (Ord. 332 § 3 Exh. 1 (part), 2005) 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 manner 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 special 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 265 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 228 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 influence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any national, state, or local election. “Commercial message” means any wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity. “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 director’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 mounted 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 inlcude 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 ouieces 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 branding, 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. 266 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 229 “Freestanding sign” means any sign supported by one (1) 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 designation and price per gallon of gasoline or other motor vehicle fuel offered for sale on the premises, and such other information 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, occupancy, 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 amortization 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 approved 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 business. 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. 267 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 230 “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. “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 applicable 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 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 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 activity 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, business, 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 condition, 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. 268 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 231 “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 (1) 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 determined 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: 1. 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; 8. Signs erected for city-sponsored and co-sponsored events; 269 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 232 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 defined 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 five feet from any window or that are not visible from the exterior of the building are not considered window signs. (Ord. 332 § 3 Exh. 1 (part), 2005) 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. (Ord. 332 § 3 Exh. 1 (part), 2005) 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 accordance 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. 270 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 233 C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial or industrial signage is permitted 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 permanent 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 possession 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 substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved 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 structural 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 provisions 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 noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages. 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. (Ord. 332 § 3 Exh. 1 (part), 2005) 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; B. Construction signs permitted by Section 17.40.100(D) of this chapter; C. Hand-held noncommercial signs; 271 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 234 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 17.40.100(F) and 17.40.110(G) of this chapter; F. Temporary real estate signs for open houses consistent with Section 17.40.100(F.2) of this chapter; GF. Temporary freestanding noncommercial signs permitted by Section 17.40.100(E) of this chapter; HG. Window signs permitted by Sections 17.40.110(B)(7) and (8) of this chapter. (Ord. 332 § 3 Exh. 1 (part), 2005) 17.40.060 Administration. A. Purpose. The purpose of a sign permit is to help ensure compliance with the provisions of this chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign. B. Sign Permit Application Process. 1. 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 exhibits, 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 required 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 furnished in the new application; d. The applicant has not submitted for processing or obtained any applicable use permit. 272 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 235 C. Standard Sign Permit Review Process. 1. After receiving a complete sign permit application, except for those sign permits that require planning commission 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 chapter. An application shall be approved whenever the proposed sign conforms to all design, size, height and other standards 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. 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 17.40.110(B) of this chapter. If a sign program is not required, an applicant may request a sign program to address the unique character of a use or site. 2. Exceptions to Regulations. The director may grant an administrative exception for signs deviating from the provisions of this chapter or any limitations imposed upon the use or general design of the sign and may authorize modifications 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, Application 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. 273 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 236 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. (Ord. 332 § 3 Exh. 1 (part), 2005) 17.40.070 General location, height and area standards. A. Location Standards. 1. 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 (10) feet of a street property line. When a sign is set back from a property line more than ten (10) 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 of no more than eight (8) straight lines enclosing the area of the message. 274 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 237 (Ord. 332 § 3 Exh. 1 (part), 2005) 17.40.080 Design, material, construction and maintenance standards. Each permanent approved sign shall comply with the following standards: A. Materials and Colors. All permanent signs shall be constructed of durable materials that are compatible in appearance to the building supporting or identified by the signs. Sign colors and materials shall be selected to be compatible 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 (1) 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 (1) 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. 275 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 238 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 electrical 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, replacement 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. (Ord. 332 § 3 Exh. 1 (part), 2005) 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 (1) time events that provide a direct benefit to the residents of Moorpark. Events sponsored by Moorpark nonprofit organizations 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 (10) banners are allowed per event and only one (1) 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. (Ord. 332 § 3 Exh. 1 (part), 2005) 276 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 239 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 permission 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 corner and may not be located in the public right-of- way. A maximum of one (1) sign per property and a total of ten (10) 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. (Ord. 384 § 2 Exh. A, 2010) 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 residentially 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. 277 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 240 RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES Sign Type Sign Location Maximum Sign Area, Height, and Width Other Regulations A. Residential, single- family. 1. Name plates (no sign permit required) Within the front yard setback. Area: Two (2) square feet per face. Signs may be double-faced. Height: Six (6) feet. Number: One (1). Design: Limited to a wall or freestanding sign. Illumination: None. 2. Neighborhood identification At primary entrances as determined by the community development director. Area: Thirty-two (32) square feet. Height: Eight (8) feet. Number: Two (2) per primary entrance. Illumination: None. Maintenance: Shall be maintained by the homeowners’ association or other responsible party approved by the community development director. B. Residential, multiple-family. 1. Monument sign Front yard or street side yard of a corner lot, provided it is a minimum of five (5) feet from the front yard or street side yard property line. Area: Twenty-four (24) square feet per side. Signs may be double-faced. Height: Six (6) feet. Number: One (1) per street frontage. Illumination: External. Landscaping: Minimum of four (4) feet of landscaping surrounding sign. 2. Directory signs In a central location within a courtyard, or at the entrance to the buildings. Area: Fifteen (15) square feet. Height: Five (5) feet. Width: Three (3) feet. Number: Approved by sign permit. Illumination: Internal. C. Institutional including but not limited to religious institutions, private schools, clubs, lodges. 278 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 241 RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES (continued) 1. Monument sign Front yard or street side yard of a corner lot, provided it is a minimum of five (5) feet from the front yard or street side yard property line. Area: Twenty-four (24) square feet per side. Signs may be double- faced. Height: Six (6) feet. Number: One (1). Illumination: External. Landscaping: Minimum of four (4) feet of landscaping surrounding sign. 2. Directory signs In a central location approved by the community development director. Area: Fifteen (15) square feet. Height: Five (5) feet. Width: Three (3) feet. Number: One (1). Design: Architecturally compatible to the building. Illumination: Internal or external. D. Construction signs. Freestanding construction sign on the site of a valid building permit (no sign permit required) Front or street side yard of a corner lot placed a minimum of five (5) feet from the required front or street side yard. Area: Six (6) square feet per side. Signs may be double-faced. Height: Eight (8) feet. Number: One (1). Illumination: None. Duration: Within seven (7) calendar days after the issuance of a final building permit, the sign shall be removed. 279 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 242 E. Temporary freestanding signs. 1. On-site signs including garage and yard sale signs (no sign permit required; posting of signs in the public rights-of-way, including on light poles, utility poles, traffic signals, street signs and sign posts, warning signs and any other signs in the public rights-of-way is prohibited) On private property and not located in the public right-of-way. Signs placed on private property require written authorization from the property owner. Dimension: Two feet by two feet (2 x 2). Height: Three (3) feet. Number: One (1). Duration: No time limit if the sign has a noncommercial message. No more than 30 consecutive days, no more than four (4) period per year, separated by at least 30 days between postings. Garage and yard sale signs limited to sale days, maximum duration and number of sale days per 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 sale signs (no sign permit required; posting of signs in the public rights-of-way, including on light poles, utility poles, traffic signals, street signs and sign posts, warning signs and any other signs in the public rights-of-way is prohibited) On private property and not located in the public right-of-way. Signs placed on private property require written authorization from the property owner. Dimension: Two feet by two feet (2 x 2). Height: Three (3) feet. Number: Six (6). Duration: Limited to sale days, maximum duration and number of sale days per year as specified in Chapter 17.28 of this title, must be removed at the close of the sale activities each day. F. Temporary real estate signs onfor properties for lease or sale. 280 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 243 1. Real estate signs for single-family residential homes in the residential open space or institutional zones (no sign permit required) Front yard or street side yard of a corner lot which is advertised for sale, provided it is a minimum of five (5) feet from the front yard or street side yard property line. The signs shall be securely attached to a wall, building or freestanding. Area: Six (6) square feet per side. Signs may be double-faced. Height: Six (6) feet. Number: One (1). Illumination: None. 2. Temporary Open house directional signs for single-family sale of a residential homes (placement in the public right-of-way requires the issuance of an annual encroachment permit) At least fifty (50) feet from the end of the curb return at a street corner. One (1) sign at each location. The signs shall not be fastened or attached in any way to a building, architectural element, wall or any street fixture.May be placed on or offsite, on private property, with permission of affected property owner. Placement shall not occur in the public right of way unless expressly permitted as an encroachment permit. Area: Four (4) square feet per side. Signs may be double-faced. Height: Three (3) feet. 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. Must be removed within 24 hours of placement and may not remain after the scheduled open house. 3. Real estate signs for multiple-family homes Front yard or street side yard of a corner lot, provided it is a minimum of five (5) feet from the required front yard or street side yard property line. The sign shall be securely affixed to a wall, building or freestanding. Area: Up to thirty-two (32) square feet per side. Signs may be double-faced. Height: Eight (8) feet. Number: One (1) per street frontage, up to a maximum of three (3). Illumination: None. Duration: These signs are not intended to be permanent and shall be restricted to only when rental units are available for lease or rent. 281 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 244 G. Subdivision sale signs and model home flagpoles. 1. Subdivision sale off-site signs On vacant residential, commercial or industrially zoned property with written permission of the property owner. No tract sign shall be placed within five hundred (500) feet of any other tract sign. Area: Thirty-two (32) square feet per side. Signs may be double- faced. Height: Ten (10) feet. Number: Four (4). Design: The signs shall advertise only tracts located 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. 282 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 245 2. Subdivision sale on-site signs One (1) sign per major street entrance to the site. Area: Thirty-two (32) square feet per side. Signs may be double- faced. Height: Ten (10) feet. Number: Two (2). Design: The signs shall advertise only tracts located 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 home on-site flagpoles Within two hundred (200) feet of the nearest model home and no closer than two hundred (200) feet of any occupied residence. Poles shall be at least three (3) feet from the tract boundary. Area: Twelve (12) square feet in area for each flag. Height: Fourteen (14) feet for each pole. A maximum of two (2) flagpoles per model home and one (1) flag per pole. Number: Six (6). Maintenance: To be well maintained and kept in good condition (i.e., not tattered or torn). 283 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 246 RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES (continued) (Ord. 332 § 3 Exh. 1 (part), 2005) 17.40.110 Commercial/mixed use/industrial zones. In addition to any other signage permitted under this chapter or code, the following signs are permitted in commercial, mixed use, 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/MIXED USE/INDUSTRIAL ZONES H. Campaign signs. Campaign signs (no permit required) Campaign signs may be placed in the front, side or rear yard of any parcel that fronts, sides or rears on a public street. No campaign sign may be placed in or encroach into a public right-of-way. Area: No campaign sign may exceed sixteen (16) square feet in total area per face. Signs may be double-faced. Height: No freestanding campaign sign may exceed ten (10) feet in height. Number: Each parcel may have one 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. 284 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 247 Sign Type Sign Location Maximum Sign Area, Height, and Width Other Regulations A. Not within a center (three or less businesses on a single lot). 1. Monument signs One-half (1/2) of the required front or street side setback or four (4) feet, whichever is greater. Area: Thirty-six (36) square feet per side. Signs may be double- faced. Height: Six (6) feet. Number: One (1) per street frontage. Illumination: Internally in 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. COMMERCIAL/MIXED USE/INDUSTRIAL ZONES (continued) 285 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 248 2. Wall signs for buildings/tenant (less than 10,000 square feet of floor area) Affixed to the building wall, eave or overhang facing a parking area, building courtyard, exterior walkway or street frontage. Area: Twenty (20) square feet per leasable space or 0.75 square feet per lineal foot of business/tenant frontage, whichever is less. Number: Three (3) signs per leasable space but no more than one (1) sign per leasable frontage. Illumination: Internal. 3. Wall signs for building/tenant (more than 10,000 square feet of floor space) Shall be affixed to the building wall, eave or overhang facing a parking area or street frontage or may be designed and incorporated into the roof (see roof definition). Area: One (1) square foot per lineal foot of business/tenant frontage. Height: Shall not extend beyond the roof line. Number: Three (3) signs, but no more than one (1) per business/tenant frontage. Illumination: Internal. 4. Corporate flag Shall be flown on a flag pole at a location approved by the community development director. Area: Twenty-four (24) square feet. Height: Shall not extend beyond the roof line. Number: One (1) flag. Illumination: None. 5. Window signs (no sign permit required and all signing shall be on the interior side of the window) Windows facing a parking area, courtyard or pedestrian passage way. Area: Twenty-five percent (25%) of the total window area. 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. 286 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 249 B. Centers (four or more businesses). A sign 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. The sign program shall include no more than four sign colors, excluding colors for business logos. 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.) 1. Monument signs One-half (1/2) of the required front or street side setback or four (4) feet, whichever is greater. Area: Thirty-six (36) square feet per side. Signs may be double- faced. Height: Six (6) feet. Number: One (1) per street frontage. Illumination: Internal in commercial zones. Internal or external in industrial zones. Landscaping: Four (4) foot wide planter surrounding sign. COMMERCIAL/MIXED USE/INDUSTRIAL ZONES (continued) 287 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 250 2. Pylon signs for commercial retail shopping centers of 50,000 square feet or larger located on Los Angeles Avenue One-half (1/2) of the required front or street side setback area but no closer than four (4) feet from the property line, whichever is greater. Pylon signs along the same side of Los Angeles Avenue shall be no closer than five hundred (500) feet of one another. Area: Three hundred (300) square feet. Height: Twenty-four (24) feet. Width: Twelve (12) feet. Number: One (1) per street frontage. Sign Copy: Center name and the name of up 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. 3. Wall signs for major building/tenant (more than 10,000 square feet of retail space) Shall be affixed to the building wall, eave or overhang facing a parking area or street frontage or may be designed and incorporated into the roof (see roof definition). Area: One (1) square foot per lineal foot of business/tenant frontage. Height: Shall not extend beyond the roof line. Number: Three (3) signs, but no more than one (1) per business/tenant frontage. Illumination: Internal. 4. Wall signs for minor building/tenant (less than 10,000 square feet of retail space) Shall be affixed to the building wall, eave or overhang facing a parking area or street frontage or may be designed and incorporated into the roof (see roof definition). Area: One (1) square foot per lineal foot of business/tenant frontage. Height: Shall not extend above the roof line. Number: Three (3) signs, but no more than one per business/tenant frontage. Illumination: Internal. 5. Corporate flag Shall be flown on a flag pole at a location approved by the community development director. Area: Twenty-four (24) square feet. Height: Shall not extend beyond the roof line. Number: One (1) flag per center. Illumination: None. 6. Under canopy signs Shall be mounted perpendicular to the business frontage using a flexible device such as a chain or cable under the canopy. Area: Four (4) square feet. Height: Maintain a clearance of not less than eight (8) feet from the bottom of the sign to the walkway. Number: One (1) per canopy. Illumination: External. 288 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 251 7. Directory signs for multi-tenant industrial, business or office centers In a central location within a courtyard, or at the entrance to the buildings, campus or center. Area: Fifteen (15) square feet. Height: Five (5) feet. Width: Three (3) feet. Number: Approved by sign permit. Illumination: External or internal. 8. Window signs (no sign permit required and all signing shall be on the interior side of the window) Windows facing a parking area, courtyard or pedestrian passage way. Area: Twenty-five percent (25%) of the total window area. 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. 289 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 252 9. Temporary window signs (no sign permit required) Windows facing a parking area, courtyard or pedestrian passage way. Area: Twenty-five percent (25%) of the total window area, not to exceed a total of fifty percent (50%) of the window. 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. 10. Temporary banners Banners shall be securely affixed to a building or wall and not attached to trees or posts. Area: Twenty (20) square feet. Height: No higher than the eave of the roof of the building. 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. C. Clocks and thermometers. Freestanding or wall- mounted On a building wall, monument or pylon sign. Area: Twelve (12) square feet and without commercial display or advertisement. Number: One (1) per street frontage. Design: Architecturally compatible to the building(s) design. Illumination: Internal. D. Drive-through restaurants. Drive-through Menu board sign Adjacent to the drive- through queue. Area: Twenty-four Sixteen (2416) square feet for each menu board. Height: Eight (8) feet. Number: Two (2). Illumination: Internal. E. Service stations. 1. Monument signs One-half (1/2) of the required front or street side setback area but no closer than four (4) feet, whichever is greater. Area: Thirty-six (36) square feet per face. Double-faced signs may be allowed. Height: Six (6) feet. Width: Six (6) feet. Number: One (1) per street frontage. Illumination: Internal. Landscaping: Four-foot by four-foot (4 x 4) planter surrounding sign. 2. Under canopy signs Shall be mounted perpendicular to the business frontage using a flexible device such as a chain or cable under the canopy. Area: Twenty (20) square feet per side. Signs may be double-faced. Height: Eight (8) foot clearance from the bottom of the sign to the walkway. Number: One (1) per business frontage. Illumination: None. F. Theater. 290 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 253 1. Marquee signs 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 of ten (10) 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. Number: One (1). Illumination: Internal and neon. Mounting: Projecting from the front elevation wall. Any projection over the public right-of-way requires an encroachment permit. 2. Freestanding changeable copy sign One-half (1/2) of the required front or street side setback area but no closer than four (4) feet from the property line, whichever is greater. Area: One hundred fifty (150) square feet. Height: Twenty-four (24) feet. Width: Twelve (12) feet. Number: One (1) sign per frontage. Illumination: Internal. Landscaping: A minimum four (4) foot wide landscaped planter area surrounding the sign base. 291 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 254 3. Wall signs Front and side elevations. Area: Twenty (20) square feet per elevation. Height: No higher than the wall on which it is located. Number: One (1) per building face. Illumination: Internal. 4. Now showing and coming attractions case signs 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. Number: Four (4). Design: Enclosed within a lockable case architecturally compatible to the building design. Illumination: Internal. Mounting: Parallel to the wall. G. Temporary real estate signs on properties for lease or sale. Freestanding, wall- mounted or window Freestanding signs shall be located in the required front or street side setback. Building sign shall be affixed to the building wall or displayed in the window. Freestanding Sign Area: Thirty-two (32) square feet per face. Double- faced sign may be allowed. Building Sign Area: 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 (1) freestanding sign per street frontage. One (1) building sign per each leasable space. Illumination: None. H. Campaign signs. 292 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 255 Campaign signs (no sign permits required) Campaign signs may be placed in the front, side or rear yard of any parcel that fronts, sides or rears on a public street. No campaign sign may be placed in or encroach into a public right-of-way. Area: No campaign sign may exceed thirty-two (32) square feet in area per face. A campaign sign may be double-faced if it is placed perpendicular to the right-of-way. Height: No freestanding campaign sign may exceed ten (10) feet in height. Number: Each parcel may have one (1) 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 I. Wireless communications facilities. 293 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 256 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 100,000 square feet or more of building area and adjacent to a freeway.) Location must comply with standards in Chapter 17.42 (Wireless Communications Facilities) and CPD Permit. Area: One-hundred sixty (160) square feet maximum per each side of tower 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: One (1) 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 (10) inch high letters on signs. J. Residential, multiple- family in mixed use zone. 1. Monument sign Front yard or street side yard of a corner lot, provided it is a minimum of five (5) feet from the front yard or street side yard property line. Area: Twenty-four (24) square feet per side. Signs may be double-faced. Height: Six (6) feet. Number: One (1) per street frontage. Illumination: External. Landscaping: Minimum of four (4) feet of landscaping surrounding sign. 294 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 257 2. Directory signs In a central location within a courtyard, or at the entrance to the buildings. Area: Fifteen (15) square feet. Height: Five (5) feet. Width: Three (3) feet. Number: Approved by sign permit. Illumination: Internal. 3. Nameplate sign One per residential unit, front or entrance door or window. Area: Two (2) square feet. Height: Six (6) feet. Number: One (1). Design: Limited to a wall, door or window Illumination: None. K. Temporary Open house directional signs for sale of a residential home in mixed use zone May be placed on or offsite, on private property, with permission of property owner. Placement shall not occur in the public right of way unless expressly permitted as an encroachment permit. Area: Four (4) square feet per side. Signs may be double-faced. Height: Three (3) feet. 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. Must be removed within 24 hours of placement and may not remain after the scheduled open house. L. Real estate signs for multiple-family homes in mixed use zone Front yard or street side yard of a corner lot, provided it is a minimum of five (5) feet from the required front yard or street side yard property line. The sign shall be securely affixed to a wall, building, window, or freestanding. Area: Up to thirty- two (16) square feet per side. Signs may be double-faced. Height: Eight (8) feet. Number: One (1) 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. 295 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 258 (Ord. 450 § 3, 2017; Ord. 332 § 3 Exh. 1, 2005) 17.40.120 Downtown specific plan area. 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 architectural detail. 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 additional signs are prohibited: 1. 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. 296 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 259 DOWNTOWN SPECIFIC PLAN AREA Sign Type Sign Location Maximum Sign Area, Height, and Width Other Restrictions 1. Monument signs for buildings with a fifteen (15) foot or greater setback. Monument signs One-half (1/2) of the required front or street side setback or four (4) feet, whichever is greater. The sign shall be located in the fifteen (15) foot setback area. Area: Thirty-six (36) square feet per face. Double-faced signs may be allowed. Height: Six (6) feet. Number: One (1) per street frontage. Copy: Eighteen (18) inch maximum letter height. Illumination: None. Landscaping: Four-foot by four-foot (4 x 4) planter surrounding sign. 2. Wall signs (not including temporary wall signs for markets). Wall signs Front, side and rear elevations. Area: Twenty (20) square feet per building tenant for front elevations. One-half (1/2) square foot for each foot of side building frontage to a maximum of ten (10) square feet for side and rear elevations. Height: No higher than the wall on which it is located. Length: No greater than seventy-five percent (75%) of the length of the wall for front elevations. Number: One (1) per building tenant for front elevations. One (1) sign per building tenant for side and rear elevations up to a maximum of two (2) signs. Illumination: Internal. Copy: Eighteen (18) inch maximum letter height. Mounting: Parallel to the wall and not projecting more than eight (8) inches. DOWNTOWN SPECIFIC PLAN AREA (continued) 297 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 260 3. Theater signs. a. Marquee signs 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 (10) 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. Number: One (1). 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. b. Wall signs Front and side elevations. Area: Twenty (20) square feet per elevation. Height: No higher than the wall on which it is located. Number: One (1) per building face. Design: Architecturally compatible to the building design. Illumination: Internal. Mounting: Parallel to the wall. c. Now showing and coming attractions case signs 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. Number: Four (4). Design: Enclosed within a lockable case architecturally compatible to the building design. Illumination: Internal. Mounting: Parallel to the wall. 4. Temporary wall signs for food markets. 298 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 261 Temporary wall signs advertising market specials (no sign permit is required) 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: Six (6), evenly distributed a minimum of every ten (10) 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. DOWNTOWN SPECIFIC PLAN AREA (continued) 299 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 262 5. Projecting/hanging signs. a. Projecting or hanging signs Centered above the entrance to the business and mounted perpendicular to the business frontage. Area: Nine (9) square feet. 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 (1) 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 of an encroachment permit. b. Barber poles On the primary business frontage as determined by the community development director. Area: Ten (10) square feet with maximum dimensions of 2.75 feet by 3.5 feet. 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 (1) per barber shop. Illumination: None. Mounting: May hang over the public right-of-way with issuance of an encroachment permit. 86. Window signs (no sign permit required and all signing shall be on the interior side of the window) Windows facing a parking area, courtyard or pedestrian passage way. Area: Twenty-five percent (25%) of the total window area. 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. 97. Temporary window signs (no sign permit required) Windows facing a parking area, courtyard or pedestrian passage way. Area: Twenty-five percent (25%) of the total window area, not to exceed a total of fifty percent (50%) of the window. 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. 108. Temporary banners Banners shall be securely affixed to a building or wall and not attached to trees or posts. Area: Twenty (20) square feet. Height: No higher than the eave of the roof of the building. 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. 69. Under canopy signs. 300 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 263 Under canopy signs Centered above the entrance to the business and mounted perpendicular to the business frontage. Length: Seventy-five percent (75%) of the lineal frontage of the front elevation. 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 (1). Copy: Eighteen (18) inch maximum letter height. Logos are encouraged. Illumination: None. Mounting: May hang over the public right-of-way with issuance of an encroachment permit. 710. A-frame, sandwich board signs for restaurants and theaters. A-frame signs In front of the business. If located in the public right-of-way minimum ADA requirements shall be met as well as the issuance of an encroachment permit. Area: Seven (7) square feet, maximum dimensions of 2.0 feet by 3.5 feet. Number: One (1). 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. DOWNTOWN SPECIFIC PLAN AREA (continued) 301 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 264 811. Campaign signs. Campaign signs (no sign permits required) Campaign signs may be placed in the front, side or rear yard of any parcel that fronts, sides or rears on a public street. No campaign sign may be placed in or encroach into a public right-of-way. Area: No campaign sign may exceed thirty-two (32) square feet in area per face. A campaign sign may be double- faced if it is placed perpendicular to the right-of-way. Height: No freestanding campaign sign may exceed ten (10) feet in height. Number: Each parcel may have one (1) 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 (Ord. 332 § 3 Exh. 1 (part), 2005) 17.40.130 Prohibited signs. 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 17.40.110(A)(4) and 17.40.110(B)(5) of this chapter; G. Pennant and feather flag signs; HG. Mobile and portable signs; 302 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 265 IH. Off-site signs; I. Projecting signs; J. Roof signs; K. Any sign which emits sound or an odor; L. 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; M. Unsafe signs; N. Signs erected or attached to any utility pole; O. Signs erected in such a manner that they will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic; P. Signs located in the visual clearance area located near a driveway or an intersection; QP. Signs attached to the exterior surfaces of windows, except as required by state or federal law and where such law preempts city regulations; RQ. Inflatable signs and balloons in excess of two (2) feet in diameter; SR. Hand-held commercial signs. (Ord. 332 § 3 Exh. 1 (part), 2005) 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. B. Special Circumstances. In accordance with Business and Profession Code Section 5499, no legal nonconforming 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 effectively 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 previously lawfully erected 303 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 266 pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in conformance with this chapter. (Ord. 332 § 3 Exh. 1 (part), 2005) 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, as applicable, 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 property and may be disposed of in accordance with the law. (Ord. 332 § 3 Exh. 1 (part), 2005) 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. (Ord. 332 § 3 Exh. 1 (part), 2005) 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 1094.8. (Ord. 332 § 3 Exh. 1 (part), 2005) 304 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 267 Chapter 17.44 APPLICATION REVIEW PROCEDURES • 17.44.010 Purpose. • 17.44.020 Legal lot requirement. • 17.44.030 Zoning clearance. • 17.44.040 Discretionary permits and exceptions. • 17.44.050 Amendments to the general plan, specific plans, zoning map and zoning code. • 17.44.060 Filing and processing of applications. • 17.44.070 Public hearing procedures. • 17.44.080 Decisions. • 17.44.090 Appeals. • 17.44.100 Modification, suspension and revocation. 17.44.010 Purpose. The purpose of this chapter is to establish review procedures for land use entitlement applications including permits and variances; and applications to amend or adopt the general plan, specific plans, the zoning map or zoning ordinance. (Ord. 297 Exh. A, 2003) 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. (Ord. 297 Exh. A, 2003) 17.44.030 Zoning clearance. A. Purpose. A zoning clearance is a permit that is granted on the basis of a ministerial decision by the community development director or designee without a hearing. A zoning clearance certifies that a proposed use of land or structures meets all requirements of this title and the applicable conditions of any previously approved discretionary planned development permit, administrative permit and/or conditional use permit. B. Applicability. Except as provided in Chapter 17.20 of this title, a zoning clearance is required prior to the implementation of uses of land or structures, construction requiring building permits and the commencement of any activity authorized by a permit or subdivision granted in accordance with the zoning and subdivision ordinances of the city. A zoning clearance shall be issued if the proposed uses of land or structures: 1. Are permissible under the present zoning on the land and the city’s zoning and subdivision ordinances, planned development permit or conditional use permit; 2. Are compatible with the policies and land use designations specified in the general plan, and any applicable specific plan; 3. Comply with the applicable terms and conditions of any applicable permit or other entitlement; 305 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 268 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 compliance fees owed to the city; and 6. Are consistent with the portions of the county hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities. C. Zoning Clearance for Changes to Building Colorsdiscretionary development permits. For commercial, industrial, or institutional buildings originally approved prior to city council adoption of Resolution No. 2009-2799 (Standard Conditions of Approval) on March 18, 2009, 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 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 hundred eighty (180) daysyear 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. (Ord. 414 § 2, 2012; Ord. 297 Exh. A, 2003) 17.44.040 Discretionary permits and exceptions. The following discretionary permits and exceptions are authorized by this title. If more than one (1) 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. 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 assure 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 (1) 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 306 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 269 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. 1. 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: i. 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. Construction Building or Office. A recreational vehicle or mobile home may be used as a construction building or office at the site of a construction project for the duration of such project, for the duration of the building permit. The temporary structure shall be noted on the building permit. If located in the public-right-of way, an encroachment permit will be required. The construction recreational vehicle or mobile home shall be removed at the conclusion of the work and no later than issuance of a Certificate of Occupancy or sign off of the related building or grading permit. 3. Non-Profit Fundraising. Fundraising sales by a certified 501(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. 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. 4. Catering. Mobile food vendors may operate as caterers to private events on private property when food or beverages 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 director is required to assure compliance with the provisions of the Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural review. Notice of a pending decision on an administrative permit shall be mailed by the community development director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applicable regulations will be accepted during the period before the date of the decision. 307 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 270 After the comment period has ended, the community development director may approve the permit, deny the permit, or approve the permit subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other applicable regulations. In order for an administrative permit to be approved, the community development director shall find that: 1. 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 uses are compatible with existing and permitted uses in the surrounding area. C. Planned Development (PD) Permit. A planned development permit is required prior to initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review by the planning commission and city council through a public hearing process is required to assure the project design complies with the provisions of this title and the general plan, and is compatible with neighboring properties. A planned development permit application is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures and other on-site improvements, landscaping design, neighborhood design, and permitted land uses shall be established as part of the planned development permit review and approval process. Any change to the initial permitted land uses shall require a modification consistent with the requirements of Section 17.44.100 of this chapter, except as permitted by Section 17.44.030(C) of this chapter. The planning commission and city council shall each hold at least one (1) public hearing on any planned development permit application. Following a public hearing, the planning commission shall make a written recommendation to the city council whether to approve, conditionally approve, or deny the application. The city councilplanning commission shall be the decision authority for all planned development permits. Prior to approving, conditionally approving, or denying an application for a planned development permit, the planning commissioncity council shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a planned development permit to be approved, the city council shall find that: 1. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations; 2. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area; and 3. The proposed uses are compatible with existing and permitted uses in the surrounding area. D. Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of uses in a given zone as specified by Chapter 17.20 of this title where review by the planning commission through 308 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 271 a public hearing process is required to determine if the proposed use complies with all necessary findings listed in this subsection. A conditional use permit is not allowed as a matter of right, but is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Prior to approving, conditionally approving, or denying an application for a conditional use permit, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a conditional use permit to be approved, the planning commission shall find that: 1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations; 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area; 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties; 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses; 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare; 6. Additional Finding for Hazardous Waste Facilities. The following additional finding is required for the approval of conditional use permits for hazardous waste facilities: a. The proposed hazardous waste facility is consistent with the portions of the county hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities; 7. Additional Findings for Establishments Selling Alcoholic Beverages. The following additional findings are required for the approval of conditional use permits for establishments selling alcoholic beverages: a. The use willwould not result in an over concentration in the area of establishments selling alcoholic beverages, b. The use wouldwill serve a public convenience, c. The use wouldwill not create the need for increased police services, d. The requested use at the proposed location wouldwill not adversely affect the economic welfare of the community, and e. The exterior appearance of the structure wouldwill not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding 309 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 272 properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. E. Variance. A variance is an adjustment in the regulations contained in this title. A variance is based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off-street parking, landscaping and wall, fencing and screening standards. A variance shall be processed in accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a substitute to an amendment to these zoning regulations. Except when a variance is filed as part of a planned development permit, conditional use permit and as provided in subsection F of this section, variance requests shall be heard and decided by the planning commission through a public hearing process. Prior to approving, conditionally approving, or denying an application for a variance, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a variance to be approved, the decision-making authority shall find that: 1. There are special circumstances applicable to the subject property with regard to size, shape, topography, location or surroundings, such that the strict application of the zoning regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts; 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 difficulties 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. 1. An administrative exception may be granted by the community development director for minor adjustments to the zoning regulations. An administrative exception may be granted only in the following situations: a. To allow a decrease of up to twenty percent (20%) in any required minimum setback, provided that such exception may be granted only once from the minimum standard adopted by this code or any planned development permit approved consistent with this code; 310 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 273 b. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one (1) foot in setback areas, except in a required sight triangle; c. To allow an increase up to ten twenty percent (210%) for maximum building coverage, sign area or sign height; d. To allow up to a five-percent (5%) decrease in the required lot area for second units. 2. A notice of a pending decision on an administrative exception shall be mailed out to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning the administrative exception will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the exception, deny the exception, or approve the exception subject to conditions, if necessary for the exception to comply with the general plan, municipal code, and any other applicable regulations. The director’s decision is final unless appealed within ten (10) 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 difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and c. The granting of the exception is consistent with the general plan and/or any applicable specific plan. G. Requests for Reasonable Accommodations. 1. This section establishes a process for the request and consideration of a reasonable accommodation in the application 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; b. The name, address and telephone number of the individual with a disability for whom the reasonable accommodation is being requested; 311 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 274 c. The name, address, and telephone number of the owner of the property for which the reasonable accommodation 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, regulation, 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 permit 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 assistance 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 review 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: 312 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 275 a. The requested accommodation is requested by or on the behalf of one (1) or more disabled persons protected under the fair housing laws who will occupy the dwelling. b. The requested accommodation is necessary to provide one (1) 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 require 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; iii. 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 of, 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 deny a request for a reasonable accommodation. The reviewing authority may approve an alternative reasonable accommodation 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 appealed. 9. Any reasonable accommodation approved shall expire one hundred eighty (180) days after issuance, unless otherwise 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. 313 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 276 10. Any reasonable accommodation may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or city ordinance is violated in connection with the reasonable accommodation. The revocation procedures in Section 17.44.100 will be followed to revoke a reasonable accommodation. 11. If the disabled person who initially occupied the applicable dwelling and for whom the reasonable accommodation was granted ceases to reside at the premises, the reasonable accommodation will remain in effect only if the community 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 17; 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 within ten (10) 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. (Ord. 420 § 3, 2013; Ord. 414 § 2, 2012; Ord. 304 § 2, Exh. A, 2004; Ord. 297 Exh. A , 2003) 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. Initiation. Proposals to amend the general plan, any specific plan, the zoning map or zoning code may be initiated by either of the following methods: 1. By the owner or the owner’s agent of the affected property filing an application with the community development director; 2. By the adoption of a resolution of intent by the city council either directly or upon the recommendation of either the planning commission or the community development director. C. Pre-Screening. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) of this section shall only be accepted following successful completion of a pre-screening application review as established by resolution of the city council.during the following submittal cycle schedule: 314 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 277 ACTION CYCLE 1 CYCLE 2 Application Cycle Deadline (Application must be deemed complete by this date) November 30th May 31st City Council Public Hearing and Decision Not later than the second regular meeting of City Council in May Not later than the second regular meeting of City Council in November D. Study of Additional Area. The community development director, upon review of an application or resolution of intention for an amendment to the general plan map, any specific plan map or zoning map may elect to process the study of additional areas for amendment concurrently with the amendment request. (Ord. 297 Exh. A, 2003) E. Findings. The City Council shall make the following findings for amendments to the general plan, specific plans, zoning map or zoning code: 1. 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 detrimental to the public health, safety, or welfare. 4. The proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA). F. Filing Applications. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) shall submit an application consistent with the requirements outlined in Chapter 17.44 of the Municipal Code. G. Public hearing procedures. Hearings associated with general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) and (B)(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 (1) year after a denial decision. I. 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. 315 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 278 17.44.060 Filing and processing of applications. A. Submission of Applications. An application for a zoning clearance, discretionary permit or variance, or an amendment or adoption of a general plan element or map, specific plan, zoning map or zoning ordinance may be filed by the owner of the affected property or by an agent authorized by the affected property owner. The application shall be filed with the community development director, conform to the requirements of this title, contain all required materials and information prescribed by the forms supplied by the community development director and be accompanied by the appropriate processing fees as established by city council resolution. B. Fees. 1. Payment at Time of Application Submittal. Each application request shall be accompanied by payment of the required fee established by resolution of city council. No filing fee shall be charged or collected for any application or appeal filed and signed by two (2) planning commissioners or any individual city councilmember in their official capacity. 2. Reimbursement for Code Enforcement Activities. Where a use has commenced, or construction has begun prior to the granting of any required zoning clearance, discretionary permit or exception, or amendment or adoption of a general plan element or map, specific plan, zoning map or zoning ordinance, the applicant shall submit additional fees to cover the costs associated with code enforcement activities at the time the application is submitted as determined by the community development director. Payment of such additional fees shall not relieve persons from fully complying with the requirements of this code, nor from any other penalties prescribed herein. 3. Failure to Pay. In the event that all fees and charges have not been paid prior to action on the permit or variance the community development director shall include, as a condition of approval, the requirement to pay all outstanding fees and charges consistent with the adopted city council fee resolution. C. Existing Violations. No application pursuant to this title shall be accepted for processing if there is an existing violation of the zoning ordinance, subdivision ordinance or municipal code on the affected lot or building, until the violation is abated, unless the community development director has determined that acceptance of the application is necessary to abate the existing violation. D. Reapplication. No application pursuant to this title shall be accepted for processing for one (1) year after a denial decision has become effective on a similar application as determined by the community development director. E. Content of Applications. The content of applications shall be determined by the community development director and may include, but not be limited to, site plans, building or structure elevations (in color with building materials identified), floor plans, samples of exterior finishing materials and identification of development phases, if any. 316 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 279 F. Completeness of Application. A determination as to the completeness of an application pursuant to this title shall be made by the community development director and the applicant shall be notified in writing of this determination no later than thirty (30) calendar days after the city has accepted an application under this title. Legislative acts, such as general plan amendments, zoning ordinance amendments, zone changes, amendments to specific plans, specific plan adoption and development agreements, are not subject to this requirement. Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of ninety (90) days from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this ninety (90) day period may be granted by the community development director upon written request by the applicant showing good cause. G. Review and Conditioning of Applications. 1. Agency Review. The community development director or designee may solicit comments and recommendations on a permit or variance application from any city department, permitting agency, service provider and other interested party as deemed appropriate by the director or designee for the specific application. 2. Consultant Review. The community development director or designee may refer any application request to an independent, qualified consultant for review and evaluation of issues beyond the expertise or staffing capabilities of the city. The costs for all such consultant work combined with the administrative charge in effect at the time for management of the consultant contract shall be borne by the applicant and are independent of the fees paid to the city for the processing of the application request. 3. Securities. Except as otherwise specified in this title, the decision-making authority may require a performance security on any discretionary entitlement as a condition of such entitlement. The security(ies) shall be filed in a form acceptable to the city attorney and certified by the city clerk. a. The required amount of the security(ies) may be increased periodically by the community development director in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that the same relative value of the security is maintained over the life of the permit, and to assure that performance securities continue to reflect the actual anticipated costs for completing a required task. No security shall be released until after all of the applicable conditions of the permit have been met. b. In the event of any failure by the applicant to perform or comply with any term or condition of a discretionary entitlement, the decision-making authority may, after notice to the applicant and after a public hearing, determine by resolution the amount of the penalty, and declare all or part of the security forfeited. The applicant will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the city. The forfeiture of any security shall not insulate the applicant from liability in excess of the sum of the security for damages or injury, nor from expense or liability suffered by the city from 317 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 280 any breach by the applicant of any term or condition of the discretionary entitlement or of any applicable ordinance or of the security. c. The applicant shall maintain the minimum specified amount of a penal security throughout the life of the entitlement. Within thirty (30) days of any forfeiture of a penalty security, the applicant shall restore the security to the required level. 4. Abandoned Oil/Gas Wells. All applications will be reviewed for the location over or near any abandoned or idle-deserted oil or gas well, based on maps provided by the state of California Department of Conservation Division of Oil, Gas, and Geothermal Resources (D.O.G.G.R.). The city will notify D.O.G.G.R. of the location of any proposed project that is found to be over or near any such well(s). H. Continuance of Permit During Application Renewal Process. Unless otherwise provided in the conditions of the permit or variance, permits and variances being processed for renewal shall remain in full force and effect until the renewal request is acted on and all administrative appeals have been exhausted, provided that the renewal application was accepted as complete by the city prior to the expiration of the permit. All the terms and conditions of the permit or variance shall continue to be in full force and effect. (Ord. 297 Exh. A, 2003) 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 of this section by publication at least ten (10) days prior to the hearing in a newspaper of general circulation within the city, unless otherwise required by state or federal statute. 2. Mailing. The community development director shall mail the notice of the public hearing on permit or variance applications pursuant to Government Code Section 65091, as the same may be amended from time to time. Notices shall be mailed to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one- thousand (1,000) feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing for all applications except applications affecting property completely within the downtown specific plan boundaries and applications affecting one (1) single-family residence, where notices shall be mailed to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within three-hundred (300) feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing. If the number of owners to whom notice would be mailed is greater than one thousand (1,000), the community development director may provide notice by placing a display advertisement of at least one- 318 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 281 eighth page in a newspaper of general circulation within the city at least ten (10) calendar days prior to the hearing. In the case of appeal hearings, notice shall also be mailed to the appellant and the decision- making authority whose order, requirement, permit, decision or determination is the subject of the appeal at least ten (10) calendar days prior to the hearing. 3. Sign. a. At least eleven (11) calendar days prior to the date of the public hearing, the applicant shall install at least one non-illuminated sign on the subject property to notice the hearing. The sign shall be thirty-two (32) square feet in area, not exceed eight (8) feet in height and be placed in an area of the property most visible to the public, not more than five (5) feet from the front property line in residential areas, and not more than one (1) foot from the front property line in commercial and industrial areas. At least one (1) sign for every five hundred (500) feet of street frontage shall be displayed per street frontage of the subject property. The community development director may reduce the number of signs, however the reduction shall be no less than one sign per street frontage. b. The heading of the sign shall state: “Notice of public hearing on proposed development (fill in the application name provided by the community development director) Case No. (fill in the case number provided by the community development director).” The content of the sign shall describe the type of project (residential, industrial or commercial), including the square footage, number of units, etc. Adjectives such as “luxurious” or “elegant” shall not be used. The date, time and location of the public hearing, and the telephone numbers and e-mail addresses of the developer and of case planner assigned to the application shall also be included on the sign. The public hearing sign shall not contain any additional information unless approved by the community development director. c. The sign shall be removed from the property not more than twelve (12) calendar days after the final action by the city on the application. B. Hearing Process. For all discretionary entitlement applications with the exception of administrative permits, temporary use permits, and administrative exceptions, the decision-making authority(ies) shall hold at least one (1) public hearing. At least three (3) working days prior to such hearing, the community development director shall prepare a report on the project, along with any recommendations, and provide copies of the report to the decision-making authority, the applicant and parties requesting copies of the report. Presentation of the director’s report and the public hearing process shall follow the hearing process as described in the adopted rules of the planning commission and city council. C. Referral for Information, Report or Study. The planning commission may refer an application back to the community development director for further report, information or study. The city council may refer a matter back to the planning commission or the community development director for further report, information or study. (Ord. 297 Exh. A, 2003) 319 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 282 17.44.080 Decisions. A. Decision Options. The decision-making authority reviewing an application for a discretionary permit or exception may approve, conditionally approve, deny or modify, wholly or partly, the application being reviewed. The authority may impose such conditions and limitations as it deems necessary to assure that the general purpose and intent of this title and 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 authority clearly indicates otherwise or the action of the decision-making authority is appealed. B. Time Limits. All decisions on applications made pursuant to this title shall be made in compliance with applicable time limits set forth by state law under the Permit Streamlining Act as most recently amended, to the extent such applies, unless a mutually agreed-upon extension is approved by the community development director and applicant as permitted by the Permit Streamlining Act. C. Notice of Decision. The community development director shall notify the applicant of a decision by the planning commission within thirty (30) calendar days following the effective date of a decision. The city clerk shall notify the applicant of a decision by the city council within thirty (30) calendar days following the effective date of a decision. The notification shall be provided in writing and transmitted via U.S. mail or in an electronic format, such as through the internet or by facsimile. In the case of appeals, the authority whose decision is the subject of an appeal shall also be notified of the decision. D. Effective Date of Decisions. 1. A decision by the community development director or planning commission is effective ten (10) calendar days from the date of decision unless an appeal is filed with the community development director. 2. A decision of the city council is effective on the date it is rendered. E. Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an authority’s decision until the expiration of the decision-maker authority’s appeal period or until the appeal has been resolved, whichever occurs later in accordance with Section 17.44.090. Actions by the decision-making authority are stayed pending the consideration of the appeal. F. Expiration and Time Extension. Unless otherwise specified in this title or in the permit or exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire onetwo (21) years from the date of approval unless the use is inaugurated in accordance with this title and the application conditions. The applicant is solely responsible for the timely renewal of any application. The city has no obligation to notify the applicant of the imminent expiration of the application. An application for a time extension shall be filed with the community development director at least ninetythirty (390) calendar days prior to the date of expiration. The time extension application shall be filed on the forms supplied by the community development director and shall be accompanied by the submittal requirements specified by the director and the appropriate filing fee. The time extension process shall conform to the process for the original permit or exception identified in 320 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 283 Section 17.44.060. In considering a request for a time extension, the decision-making body may approve the request, deny the request, or modify or add to any conditions of approval originally imposed due to changed circumstances since the permit or exception was originally considered. Further extensions may be granted in conformance with the statutes of the California Subdivision Map Act (Government Code 66452 or other applicable regulation). G. Expiration upon Discontinuance of Use. Any discretionary permit or exception included in Section 17.44.040 granted for a use which has been discontinued, shall expire one (1) year after discontinuance of such use unless otherwise specified in this title or conditions of approval. (Ord. 463 § 2, 2018; Ord. 297 Exh. A, 2003) 17.44.090 Appeals. A. Authority to Appeal. 1. All actions and decisions of the community development director authorized by this title, unless otherwise pre-empted, may be appealed by any person, including a member of the planning commission, to the planning commission. The appellant shall file the appeal in writing, along with the applicable fee, with the community development director. The appellant shall state the reasons for the appeal and relate the reasons to the required findings for approval of the application. An appeal of an action or decision of the community development director filed by a city councilmember shall be taken to the city council for consideration. 2. 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 reasons 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 (B)(1) of Section 17.44.060. No fee shall be required when the item is appealed by a city councilmember. D. Appeal Process. 1. The appellate body shall review the project application in the same form as reviewed by the original decision maker and the review shall be conducted de novo. 321 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 284 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. (Ord. 304 § 2 Exh. A, 2004; Ord. 297 Exh. A, 2003) 17.44.100 Modification, suspension and revocation. A. Modification of Permits. An application for modification of an approved discretionary permit or approved variance pursuant to this section may be filed by any person or entity listed in 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 (1) of the following three (3) categories: 1. Permit Adjustment. Any change which would not alter any of the findings pursuant to this title, nor any findings contained in the environmental documentation prepared for the permit and would not have any adverse impact on surrounding properties, may be deemed a permit adjustment and acted upon by the community development director or designee without a hearing. Any change shall conform to the development requirements of this title or adopted specific plan. Such changes may include, but are not limited to, the following: a. A maximum of twenty ten percent (2010%) increase or decrease in floor area but not more or less than ten five thousand (105,000) square feet, respectively; b. A maximum of twenty ten percent (2010%) increase or decrease in the area or height of walls, fences or similar structures used as screening; c. A maximum of twenty ten percent (1020%) increase or decrease in provision for landscaping or similar standards or dimensions; d. Internal remodeling or minor exterior architectural changes or embellishments involving no change in basic architectural style; e. A change in use where the new use requires the same or a lesser permit than the approved or existing use; or the establishment of a new use in an unoccupied building for which a permit has been granted. 2. Permit Modification. Any proposed change that exceeds the criteria of a permit adjustment, but is not extensive enough to be considered a substantial or fundamental change in the approved entitlement or use relative to the permit, would not have a substantial adverse impact on surrounding properties and would not change any findings contained in the environmental documentation prepared for the permit, may be deemed a permit modification by the community development director. Action on the permit modification application shall be by the decision-making body that approved the original permit by the same type of public action process (i.e., action item without public hearing or public hearing item) and public noticing as required for the original project application. 322 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 285 3. New Permit Required. Any proposed modification that does not meet the criteria for a permit adjustment or permit modification shall require a new permit application. B. Suspension, Modification or Revocation for Cause. Any permit or variance heretofore or hereafter granted may be revoked, modified or its use suspended, by the same decision-making authority and procedure which would approve the permit or variance under this title. Prior to taking any action the applicant shall be given notice by U.S. mail at least ten (10) business days prior to the date of the proposed revocation, modification or suspension and have an opportunity to be heard by the issuing body prior to any such revocation, modification or suspension. An application for such modification, suspension or revocation may be filed, along with applicable fees, by any person. The applicant for such modification, suspension or revocation shall have the burden of proving one (1) or more of the following causes: 1. The application request, which was submitted, was not in full, true and correct form. 2. The entitlement for which an approval was granted does not comply with the terms and conditions of the entitlement. 3. The entitlement was issued erroneously. 4. The project is not in compliance with terms or conditions of the permit or variance. 5. The project subject to the permit or variance, or any portion thereof, is or has been used or maintained in violation of any statute, ordinance, law or regulation. 6. The use for which the permit or variance was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist or has been abandoned. 7. The use for which the permit or variance was granted has been so exercised as to be detrimental to the public health, safety or general welfare or as to constitute a nuisance. 8. Changes in technology, or in the type or amount of development in the vicinity of the use or other good cause warrants modification of conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located. C. Non-Waiver. The failure of the community development director, planning commission or city council to revoke a variance or permit, or to suspend its use, whenever cause 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 suspending or revoking such permit or variance; provided, however, 323 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 286 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. (Ord. 297 Exh. A, 2003) Chapter 17.74 SPECIFIC PLAN NO. 2/SPECIFIC PLAN 95-2, MOORPARK HIGHLANDS SPECIFIC PLAN • 17.74.010 Purpose. • 17.74.020 Definitions. • 17.74.030 General provisions. • 17.74.040 Residential planned development regulations. • 17.74.040.1 Single-family residential site development standards. • 17.74.050 Open-space development regulations. • 17.74.060 Public institutional development regulations. • 17.74.070 Special regulations. 17.74.010 Purpose. The development regulations and standards contained herein have been established to provide criteria for the development 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 dedication 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 community. Certain development requirements generally are included as conditions of approval for subdivisions and development 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 irrigation plans; review and approval of conditions, covenants and restrictions; requirements for homeowner property associations; rain gutters; yard drains; trash and recycling enclosures; slough wall for slopes adjacent to street rights- of-way; and concrete driveways. (Ord. 262 § 2, 1999) 17.74.020 Definitions. Words and terms used in the specific plan No. 2 development regulations and standards shall have the same definitions as given in the city of Moorpark Municipal Code, including Title 17, Zoning. (Ord. 262 § 2, 1999) 324 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 287 17.74.030 General provisions. These development regulations and standards regulate all development within the specific plan No. 2 area. The following 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 regulations and standards contained herein. In such cases where the specific plan No. 2 development regulations and standards 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(B), 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 defined in Chapter 17.44 of Title 17 of the Moorpark Municipal Code. (Ord. 262 § 2, 1999) 17.74.040 Residential planned development regulations. The purpose of these regulations is to provide assurances that residential development conforms to the city of Moorpark general plan requirements for specific plan No. 2. These standards also provide for a range of single-family detached and multifamily dwelling units with development standards and regulations specifically applicable to the specific plan No. 2 property. Specific plan No. 2 development standards may be more or less restrictive than the city’s current development standards for each residential category. Exhibits 28 through 31 of the adopted specific plan contain single-family development standards for the plan areas. 325 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 288 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 planned developmentlow (R-LPD) zone. (Ord. 262 § 2, 1999) 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. Planning Areas (P.A.) 8 and 9. 1. Minimum lot area: ten thousand (10,000) square feet. 2. Building Setbacks. a. Front setback minimum for ten thousand (10,000) square foot lots is thirty (30) feet. The front setback minimum 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 variation 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 (10%) 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 setback of seven (7) feet may be permitted at the discretion of the community development director, so long as the average 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 (1) side) of seven (7) feet, and a minimum twenty (20) foot separation between adjacent structures. Recreational 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. c. Rear setback minimum for a single-family dwelling unit on a ten thousand (10,000) 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 (10) 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 (10,000) 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 between 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. 326 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 289 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 elevation of a single-family 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. B. Specific Plan No. 2 Residential Planned Development Single-Family (SP2-RPD-SF) 2.5-4.5 du/ac Zone. Planning Areas (P.A.) 2, 3 and 4. 1. 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. 327 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 290 ii. Swing garages with the opening facing the side lot line. iii. Products that incorporate porte-cochères or other architectural features that screen at least a portion of the garage 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 (10) 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 below, shall be five (5) feet with an average of seven and one half (7 1/2) feet and not less than fifteen (15) feet between structures. Side setback minimum for a second story deck or balcony is ten (10) 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. e. For projects on a hillside area and where it can be clearly established that reduced setbacks will enhance preservation of natural terrain and reduce grading, front setbacks may be reduced by the approving authority to ten (10) 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. Tandem, i.e. end to end, garage spaces are allowed. 328 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 291 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 average 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 elevation of a single-family 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. C. Specific Plan No. 2 Residential Planned Development Single-Family (SP2-RPD-SF) 6 du/ac Zone. Planning Area (P.A.) 1. 1. 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 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 (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 (10) 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 (10) feet. 329 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 292 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. 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. 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 average 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 elevation of a single-family 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. D. Specific Plan No. 2 Residential Planned Development (SP2-RPD-SF-12) 12.0 du/ac Zone. 1. 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. 330 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 293 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 (10) 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 exceeding fifteen percent (15%); 331 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 294 (B) 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; (D) Usable open space areas shall not be obstructed except by improvements that enhance usability, such as required 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. 1. Minimum lot area: three thousand five hundred (3,500) square feet. 2. Building Setbacks. a. Front setback: Minimum landscaped setback of ten (10) feet and architectural facade projections of up to sixteen (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 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 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: 332 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 295 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 average 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 elevation 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. (Ord. 390 § 2, 2010; Ord. 314 § 1 Exh. A, 2005; Ord. 302 § 1, 2004; Ord. 262 § 2, 1999) 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 construction. 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: 1. Trails. Trails shall be developed as shown on the approved exhibits of the adopted specific plan No. 2. 333 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 296 2. Only signage identifying trail direction and use restrictions will be permitted. B. Private Open Space Development Regulations. 1. 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 improvements 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. (Ord. 262 § 2, 1999) 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: 1. Landscape Coverage. Landscape coverage shall be a minimum of ten percent (10%) of the overall lot area and a minimum of ten percent (10%) of any parking lot; pursuant to Title 17, Section 17.32.100 of the Moorpark Municipal Code. 2. Minimum Setbacks. 334 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 297 a. From arterial roadways: i. Front: thirty (30) feet; ii. Side: ten (10) feet. b. Minimum setbacks from collectors and residential streets: i. Front: twenty (20) feet; ii. Side: ten (10) 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. (Ord. 262 § 2, 1999) 17.74.070 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 118 right-of-way reservation. For the purposes of specific plan No. 2, right-of-way has been reserved for future State Routes 23 and 118 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. B. Setbacks for Plugged, Abandoned Oil Wells. 1. Abandoned Once Producing Oil Wells. Abandoned once producing oil well setbacks will be required in addition to compliance with all procedures as outlined in Construction Project Site Review and Well Abandonment Procedures document from Department of Conservation Division of Oil, Gas, and Geothermal Resources. The required setbacks are ten (10) 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 335 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 298 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 Procedures 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 adopted building code and shall incorporate site planning criteria, landscaping and vegetation management techniques consistent 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 of Chapter 17.38. (Ord. 262 § 2, 1999) 336 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 299 Chapter 17.76 RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE (RPD 20U-N-D) • 17.76.010 Purpose. • 17.76.020 Definitions. • 17.76.030 General provisions. • 17.76.040 Application procedures and consistency determinations. • 17.76.050 Development standards. • 17.76.060 Fees. 17.76.010 Purpose. The purpose of this chapter is to set forth development regulations and standards, which have been established to provide criteria for the development of the properties within the residential planned development twenty (20) units to the acre (RPD20U-N-D) zone to allow for development of affordable multi-family housing as a permitted use and not subject to discretionary review or approval, and to provide adequate separation for light, air, safety, and open space as well as to provide an aesthetically pleasing environment in which to live, work and recreate. Implementation of the regulations and standards set forth in this chapter are intended to ensure that future development is coordinated and consistent with the goals and policies of the downtown specific plan and the city’s general plan, specifically the housing element. The standards contained in this chapter provide for the arrangement, development, and use of multifamily residential neighborhoods, open space areas, and recreational sites. Application of these regulations and standards is intended to encourage the most appropriate use of the land, create a harmonious relationship among land uses, provide opportunities to construct affordable housing and protect the health, safety, and general welfare of the community. (Ord. 421 § 2, 2013) 17.76.020 Definitions. Words and terms used in this chapter shall have the same definitions as provided in Chapter 17.08 of this Title 17. (Ord. 421 § 2, 2013) 17.76.030 General provisions. A. The provisions of this chapter shall control development in the RPD20U-N-D zone and shall prevail over any conflicting provisions in other portions of the Moorpark Municipal Code. B. All land use entitlements and permits issued within the RPD20U-N-D zoning area shall be consistent with the city’s general plan, as amended. 337 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 300 C. The director of community development shall have the power to interpret the regulations and standards applicable to the RPD20U-N-D zone. D. Procedures for the processing of land use entitlements for the RPD20U-N-D zone shall be the same as defined in Sections 17.44.060 and 17.76.040 of this code. (Ord. 421 § 2, 2013) 17.76.040 Application procedures and consistency determinations. A. Planned Development (PD) Permit. A PD permit is required prior to initiation of uses and structures in the RPD20U-N-D zone, as specified in Chapter 17.20 of this title. A PD permit application is subject to compliance with the development standards of the RPD20U-N-D zone and shall be a permitted use not subject to discretionary review or approval if determined to be in compliance with the development standards of the RPD20U-N-D zone. The planning commission shall hold at least one (1) public meeting on any PD permit application in this zone. A PD permit shall be approved by resolution if the planning commission determines that: 1. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, satisfies the objective requirements of the general plan, zoning ordinance, and any other applicable ordinances, or federal or state regulations; and 2. The project complies with the development standards in this chapter. B. The procedures for appeals and modifications of a PD permit application under this chapter shall be in accordance with the procedures set forth in Chapter 17.44 of this code. C. A PD permit shall expire one (1) year from the date of its approval by the planning commission unless the use has been inaugurated by issuance of a building permit. The community development director may, at his or her discretion, grant up to two (2) additional one (1) year extensions for use inauguration of the PD permit, if there have been no changes in the adjacent areas and if the applicant can document that he or she has worked diligently towards use inauguration during the initial period of time. The request for extension of this PD permit must be made in writing, at least thirty (30) days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. D. Zoning Clearance. Pursuant to Section 17.44.030(B)(1) of this title, a zoning clearance review and approval by the community development director shall be required before a building permit may be issued for any development in the RPD20U-N-D zone. E. The failure of the owner to develop and maintain property in the RPD20U-N-D zone in compliance with this chapter, and the PD permit shall subject the owner to nuisance abatement requirements of this code and state law. The applicant shall be liable to the city for any and all costs and expenses to the city required to abate the nuisance and obtain compliance with the project approvals or applicable codes. If the applicant fails to pay all city costs related to this action, the city may enact 338 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 301 special assessment proceedings against the parcel of land upon which the nuisance existed, pursuant to Chapter 1.12 of this code. (Ord. 421 § 2, 2013) 17.76.050 Development standards. 1. Minimum lot area: three-quarters (0.75) of an acre (thirty-two thousand six hundred seventy (32,670) square feet). 2. Density: twenty (20) units per acre with a minimum of sixteen (16) units per site. Section 17.64.030(B) (2) and (3) allowing for a density bonus exceeding the density bonus required by state law shall not apply to the RPD20U-N-D zone. 3. Building Setbacks. a. Front Setback. Minimum landscaped setback of twenty (20) feet and architectural façade projections of up to sixteen (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 appropriate to the street and lot configuration, and to provide for variety in the streetscape. b. Side Setback. Minimum for a multiple-family dwelling unit on an interior lot shall be five (5) feet. Minimum for a multiple-family dwelling unit adjacent to a street is fifteen (15) 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 multiple-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, carports, 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; or must be located below the lowest parapet roof so equipment will not be visible from off- site, subject to criteria under subsection 18, roofs, below. 4. Maximum Building Height. a. Thirty-five (35) feet for dwelling units; b. Fifteen (15) feet for a patio cover, carport or accessory structure; c. Second story decks or balconies are prohibited within fifteen (15) feet of any property line. 339 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 302 5. 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. 6. Lighting. Lighting shall comply with Chapter 17.30 of the city of Moorpark Municipal Code. 7. Parking. Parking shall comply with Chapter 17.32 of the city of Moorpark Municipal Code. 8. Signage. Signage shall comply with Chapter 17.40 of the city of Moorpark Municipal Code. 9. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall immediately cease in the immediate area and the find must be left untouched. The applicant, in consultation with the project paleontologist or archeologist, shall assure the preservation of the site and immediately contact the community development director by phone, in writing by email or hand delivered correspondence informing the director of the find. In the absence of the director, the applicant shall so inform the city manager. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate, to recommend disposition of the site. The paleontologist or archeologist selected must be approved in writing by the community development director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 10. Paleontological Mitigation Plan. Prior to issuance of a zoning clearance for a grading permit, a paleontological mitigation plan outlining procedures for paleontological data recovery must be prepared and submitted to the community development director for review and approval. The development and implementation of this plan must include consultations with the applicant’s engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario will be through the Los Angeles County Museum of Natural History (LACMNH). All specimens become the property of the city of Moorpark unless the city chooses otherwise. If the city accepts ownership, the curation location may be revised. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the community development director. 11. Reactive organic compounds, nitrogen oxides (ozone/smog precursor), and particulate matter (aerosols/dust) generated during construction operations must be minimized in accordance with the city’s standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution health advisory has been issued, construction equipment operations (including, but not limited to, grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities must cease in order to minimize associated air pollutant emissions. 12. The applicant shall defend, indemnify and hold harmless the city and its agents, officers and employees from any claim, action or proceeding against the city or its agents, officers or employees to attack, set aside, void, or annul any approval by the city or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefor in Government Code Section 66499.37 340 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 303 or other sections of state law as applicable and any provision amendatory or supplementary thereto. The city will promptly notify the applicant of any such claim, action or proceeding, and, if the city should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the city or its agents, officers and employees pursuant to this development standard. a. The city may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The city bears its own attorney fees and costs; ii. The city defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant’s obligations under this development standard shall apply regardless of whether a building permit is issued pursuant to the planned development permit. 13. All facilities and uses, other than those specifically requested in the application and approval and those accessory uses allowed by the municipal code, are prohibited unless otherwise permitted through application for modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. 14. Recreational Amenities. Residential planned development permit areas on properties that have an average size of more than one and one-half (1-1/2) acre (sixty-five thousand three hundred forty (65,340) 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. Residential planned development permit areas on properties that have an average size of less than one and one-half (1-1/2)acre (sixty-five thousand three hundred forty (65,340) square feet) shall include private recreational amenities including, but not limited to, the following: play apparatus, picnic shelter, barbecue area with seating, and multipurpose play area field. 15. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of a structure shall match the eaves, window treatments and surrounds on the front elevation, achieving four-sided architectural compatibility with the chosen architectural style. 16. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front elevation of a unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point, such as a chimney or window. 17. Colors. The paint colors shall be earth-toned, and match the chosen architectural style. The paint treatment must be applied along all window surrounds and parapets with varying colors, and on all wall façades of all elevations until commencement of wall planes or other architecturally feasible termination point, such as a chimney or window. Rust-inhibitive paint must be used for all exterior metal building surfaces to prevent corrosion and release of metal contaminants into the storm drain system. 341 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 304 18. Roofs. The roofs shall be pitched roofs covered in concrete roofing tile or equivalent with a minimum 3:12 pitch, or shall utilize decorative parapet roofing matching the chosen architectural style, that shall be no lower than the tallest roof mounted mechanical equipment. Roof-mounted equipment and other noise generation sources on-site must be attenuated to forty-five (45) decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy, whichever is greater. This shall be based on a city-approved noise study for the residential planned development that shows that the current project attenuates all on-site noise generation sources to the required level or provides recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. No exterior roof access ladders are permitted. 19. Durable Materials. The trim on the ground floor levels of the structures must be constructed of durable materials, (i.e. wood window trim or one-fourth (1/4) inch minimum cementous stucco coat over foam). 20. A utility room with common access to house all meters and the roof access ladder must be provided. 21. Outdoor Facilities. Any outdoor ground level equipment, facilities or storage areas including, but not limited to, loading docks, trash enclosures, cooling towers, generators, must be architecturally screened from view with masonry wall and/or landscaping. Transformers and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1), must be screened from street view with a masonry wall and/or landscaping. 22. Trash Disposal. Trash disposal and recycling areas must be placed in locations which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins must use impermeable pavement and be designed to have a cover and so that no other area drains into it. The trash areas and recycling bins must be depicted on the final construction plans and drains from the disposal and recycling areas must be connected to the sewer system. 23. Grading, drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the latest California Building Code as adopted by the city of Moorpark and in conformance with the latest “Land Development Manual” and “Road Standards” as promulgated by Ventura County; “Hydrology Manual” and “Design Manual” as promulgated by Ventura County Watershed Protection District; “Standard Specifications for Public Works Construction” as published by BNI (except for signs, traffic signals and appurtenances thereto which must conform to the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the “Standard Specifications,” most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation). 24. Grading, drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the most recently approved “Engineering Policies and Standards” of the city of Moorpark, and “Policy of Geometric Design of Highways and Streets,” most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of 342 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 305 conflict between the standards, specifications and design manuals listed herein and above, the criteria that provide the higher level of quality and safety prevail as determined by the city engineer and public works director. 25. Engineering plans must be submitted on standard city title block sheets of twenty-four (24) inches by thirty-six (36) inches to a standard engineering scale representative of sufficient plan clarity and workmanship. 26. A fifteen (15) mile per hour speed limit must be observed within all construction areas. 27. If any hazardous waste or material is encountered during the construction of this project, all work must be immediately stopped and the Ventura County environmental health department, the Ventura County fire protection district, the Moorpark police department, and the Moorpark city engineer and public works director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies. 28. The applicant and/or property owner shall provide verification to the city engineer and public works director that all on-site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Additional cleaning may be required by the city engineer and public works director depending upon site and weather conditions. 29. All paved surfaces; including, but not limited to, the parking area and aisles, drive-through lanes, on-site walkways must be maintained free of litter, debris and dirt. Walkways, parking areas and aisles and drive-through lanes must be swept, washed or vacuumed regularly. When swept or washed, litter, debris and dirt must be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 30. Prior to improvement plan approval, the applicant shall obtain the written approval on approved site plan exhibit sheets for the location of fire hydrants by the Ventura County fire prevention division. Water and sewer improvements plans must be submitted to Ventura County waterworks district No. 1 for approval. 31. Prior to any work being conducted within any state, county, or city right-of-way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the city engineer and public works director. 32. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto, as a standard requirement for construction noise reduction. 33. The applicant shall utilize all prudent and reasonable measures (including installation of a six (6) foot high chain link fence around the construction site(s) and/or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 343 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 306 34. The applicant shall post, in a conspicuous location, the construction hour limitations and make each construction trade aware of the construction hour limitations. 35. All grading and drainage plans must be prepared by a qualified professional civil engineer currently registered and in good standing in the state of California and are subject to review by the city engineer and public works director. Prior to or concurrently with the submittal of a grading plan the applicant shall submit a soils (geotechnical) report. 36. Grading must conform to the standards contained in Chapter 17.38, Hillside Management, of the Moorpark Municipal Code and any provision amendatory or supplementary thereto. Plans detailing the design and control (vertical and horizontal) of contoured slopes must be provided to the satisfaction of the city engineer, public works director and community development director. 37. Prior to the issuance of a grading permit or final map approval, whichever comes first, the applicant shall post sufficient surety with the city, in a form acceptable to the city engineer and public works director, guaranteeing completion of all on-site and off-site improvements required by these development standards and/or the Municipal Code including, but not limited to, grading, street improvements, storm drain improvements, temporary and permanent best management practices (BMP) for the control of non-point water discharges, landscaping, fencing, and bridges. Grading and improvements must be designed, bonded and constructed as a single project. 38. Prior to the issuance of a grading permit or final map approval, whichever occurs first, the applicant shall provide written proof to the city engineer and public works director that any and all wells that may exist or have existed within the project have been properly sealed, destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per California Department of Conservation, Division of Oil, Gas, and Geothermal Resources requirements. 39. Prior to issuance of a grading permit, final approved soils and geology reports must be submitted to the city engineer and public works director. The approved final report must encompass all subsequent reports, addendums and revisions under a single cover. Where liquefaction hazard site conditions exist, an extra copy of the final report must be provided by the applicant to the city engineer and public works director and be sent by the applicant to the California Department of Conservation, Division of Mines and Geology in accordance with Public Resources Code Section 2697 within thirty (30) days of report approval. 40. Prior to issuance of the grading permit, a grading remediation plan and report must be submitted for review and approval of the city engineer and public works director. The report must evaluate all major graded slopes and open space hillsides whose performance could affect planned improvements. The slope stability analysis must be performed for both static and dynamic conditions, using an appropriate pseudo-static horizontal ground acceleration coefficient for earthquakes on faults, capable of impacting the project in accordance with standard practice as outlined in DMG Special Publication No. 117, 1997, or most recently adopted version. 41. Prior to issuance of the grading permit, the project geotechnical engineer shall evaluate liquefaction potential. Where liquefaction is found to be a hazard, a remediation plan with effective 344 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 307 measures to avoid and control damage must be provided to the city engineer and public works director. During construction, measures to reduce seismic liquefaction risks shall be employed as recommended in the approved remediation plan and associated geotechnical report, such as placement of a non- liquefiable cap over the alluvium, removal of the liquefiable soils, in-situ densification, or the excavation of a shear key below the base of the liquefiable zone. Where liquefaction hazard site conditions exist, the applicant shall provide an extra copy of the final report to the city engineer and public works director and shall send a copy of the report to the California Department of Conservation, Division of Mines and Geology in accordance with Public Resources Code Section 2697 within thirty (30) days of report approval. 42. The project must comply with all NPDES requirements and the city of Moorpark standard requirements for temporary storm water diversion structures during all construction and grading. 43. Prior to issuance of a grading permit, a qualified, currently registered professional civil engineer in good standing in the state of California shall be retained to prepare erosion and sediment control plans in conformance with the currently issued Ventura County municipal storm water NPDES permit. These plans shall address, but not be limited to, construction impacts and long-term operational effects on downstream environments and watersheds. The plans must consider all relevant NPDES requirements and recommendations for the use of the best available technology and specific erosion control measures, including temporary measures during construction to minimize water quality effects to the maximum extent practicable. Prior to the issuance of an initial grading permit, review and approval by the community development director and city engineer and public works director is required. 44. Prior to the import or export of more than one hundred (100) truckloads or one thousand (1,000) cubic yards a haul route permit in conformance with the currently adopted city of Moorpark engineering policies and standards is required. 45. Where slopes exceeding four (4) feet in height are adjacent to sidewalks, and streets, the grading plan must include a slough wall, Angelus Standard slumpstone, color or other alternative as determined by the community development director, approximately eighteen (18) inches high, with curb outlet drainage to be constructed behind the back of the sidewalk to prevent debris from entering the sidewalk or street. The wall must be designed and constructed in conformance with the city’s standard wall detail. All material for the construction of the wall shall be approved by the city engineer and public works director and community development director. Retaining walls greater than eighteen (18) inches in height must be set back two (2) feet from the back of the sidewalk. This two (2) foot area must be landscaped and have no greater than a two percent (2%) cross fall slope. The slough wall and landscaping design is subject to the review and approval of the city engineer and public works director and community development director. 46. Grading plans must include, but not be limited to, entry walls and project identification signs in accordance with city standards. Landscaping, appropriate to the entry, shall be provided that will not interfere with sight distance or turning movement operations. The final design for the project entrance 345 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 308 must be reviewed and approved by the community development director and the city engineer and public works director. 47. During grading, the project geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in-place material, and installation of all sub-drains including their connections. All fill slope construction must be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the city engineer and public works director to be kept on file. Cuts and slopes must be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the city engineer and public works director must be obtained prior to any modification. 48. Written weekly progress reports and a grading completion report must be submitted to the city engineer and public works director by the project geotechnical engineers. These reports must include the results and locations of all compaction tests, as-built plans of all landslide repairs and fill removal, including geologic mapping of the exposed geology of all excavations showing cut cross-sections and sub-drain depths and locations. The lists of excavations approved by the engineering geologist must also be submitted. Building permits will not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable grading ordinance provisions. 49. During grading, colluvial soils and landslide deposits within developed portions of the properties must be re-graded to effectively remove the potential for seismically-induced landslides in these materials. Additional buttressing, keying and installation of debris benches must be provided in transition areas between non-graded areas and development as recommended in the final geotechnical reports by the project geotechnical engineer. 50. The recommendations for site grading contained in the final geotechnical reports must be followed during grading unless modifications are submitted for approval by the engineers-of-work and specifically approved in writing by the city engineer and public works director. 51. Temporary irrigation, hydroseeding and erosion control measures, approved by the community development director, city engineer and public works director, must be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) calendar days except that during the rainy season (October 1st to April 15th), these measures will be implemented immediately. 52. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical) slope inclination except where special circumstances exist. In the case of special circumstances, where steeper slopes are warranted, a registered soils engineer and a licensed landscape architect will review plans and their recommendations will be subject to the review and approval of the city engineer, public works director, and the community development director. 346 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 309 53. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil amendments added, irrigation systems installed and be planted in a timely manner with groundcover, trees and shrubs (consistent with the approved landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely manner means that the slope soil amendments, irrigation systems and planting on each slope must commence immediately upon the completion of the grading of each slope, that the completion of slope grading will not be artificially delayed and that the slope soil amendments, irrigation systems and planting must be completed on a schedule commensurate with the grading. The planting will be to the satisfaction of the community development director, city engineer, and public works director. 54. Grading may occur during the rainy season from October 1st to April 15th, subject to timely installation of erosion control facilities when approved in writing by the city engineer, public works director and the community development director and when erosion control measures are in place. In order to start or continue grading operations between October 1st and April 15th, project-specific erosion control plans that provide detailed best management practices for erosion control during the rainy season must be submitted to the city engineer and public works director no later than September 1st of each year that grading is in progress. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During the rainy season, October 1st through April 15th, all graded slopes must be covered with a woven artificial covering immediately after completion of each graded slope. Grading operations must cease if the applicant fails to place effective best management measures on graded slopes immediately after construction. No slopes may be graded or otherwise created when the National Weather Service local three (3) day forecast for rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the permanent and temporary slopes before the rain event. The artificial covering and planting will be to the satisfaction of the community development director, city engineer, and public works director. 55. During clearing, grading, earth moving, excavation, soil import and/or soil export operations, the applicant shall comply with the city of Moorpark standard requirements for dust control, including, but not limited to, minimization of ground disturbance, application of water/chemicals, temporary/permanent groundcover/ seeding, street sweeping, and covering loads of dirt. All clearing, grading, earth moving, excavation, soil import and/or soil export operations must cease during periods of high winds (greater than fifteen (15) miles per hour averaged over one (1) hour). 56. Backfill of any pipe or conduit must be in four (4) inch fully compacted layers unless otherwise specified, in writing, by the city engineer and public works director. 57. Soil testing for trench compaction must be performed on all trenching and must be done not less than once every two (2) feet of lift and one hundred (100) lineal feet of trench excavated. Test locations must be noted using true elevations and street stationing with offsets from street centerlines. 58. Prior to issuance of each building permit, the project geotechnical and/or soils engineer shall submit an as-graded geotechnical report and a rough grading certification for said lot and final soils 347 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 310 report compiling all soils reports, addendums, certifications, and testing on the project for review and approval by the city engineer and public works director. 59. Prior to issuance of the first building permit, the project’s engineer shall certify that the grading and improvements have been completed, as noted on the original approved plans and any subsequent change orders. 60. When required by the community development director and/or the city engineer and/or public works director, at least one (1) week prior to commencement of grading or construction, the applicant shall prepare a notice that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within five hundred (500) feet of the exterior boundary of the project site, as shown on the latest equalized assessment roll. The notice must include current contact information for the applicant, including all persons with authority to indicate and implement corrective action in their area of responsibility, including the name of the contact responsible for maintaining the list. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the twenty-four (24) hour emergency number, must be expressly identified in the notice. The notice must be re-issued with each phase of major grading and construction activity. A copy of all notices must be concurrently transmitted to the community development department. The notice record for the city must be accompanied by a list of the names and addresses of the property owners notified and a map identifying the notification area. 61. Consistent with the final geotechnical reports, at a minimum, the following measures must be implemented during design and construction where appropriate to minimize expansive soil effects on structures: potential foundation systems to include pier and grade beam; use of structural concrete mats and post-tensioned slabs; pad overcutting to provide uniform swell potential; and soil subgrade moisture treatment. 62. Prior to issuance of building permits, chemical testing of representative building pad soils is required to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures must be implemented where appropriate to protect against corrosion: a. Use of sulfate-resistant concrete; and b. Use of protective linings to encase metallic piping buried in soils warranting such measures. 63. Engineered fills must be constructed in compliance with the standards and criteria presented in the approved geotechnical report. The differential thickness of the fill under individual buildings may not be greater than ten (10) feet. These measures must be verified by construction observation and testing by the project geotechnical engineer as outlined in the final geotechnical reports and approved by the city engineer and public works director. 64. Additional analysis of the predicted total and differential settlements of the major fills at each site must be performed by the project geotechnical engineer during the final design stage. Possible 348 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 311 measures that may be required based on the settlement data include surcharging, delaying construction for a period of time before constructing on deep fills, or allowing for the predicted settlement in the design of the project components. 65. Transfer of responsibility of California registered civil engineer in charge for the project must be in accordance with rules and guidelines set forth pursuant to Rules of the Board for Professional Engineers and Land Surveyors, California Code of Regulations, Title 16, Division 5, Board Rule 404.1, subsections (c) and (d), that speak to successor licensee and portions of projects. 66. Applicant has full right to exercise the service of a new engineer in charge at any time during a project. When there is a change in engineer, the applicant/owner shall notify the city engineer and public works director in writing within forty-eight (48) hours of such change. Said letter shall specify successor California registered civil engineer and shall be stamped and signed and dated by said engineer in responsible charge and shall accept responsibility of project. The letter will be kept on file at the city. 67. Prior to construction of any public improvement, the applicant shall submit to the city engineer and public works director, for review and approval, street improvement plans prepared by a California registered civil engineer, and enter into an agreement with the city of Moorpark to complete public improvements, with sufficient surety posted to guarantee the complete construction of all improvements, except as specifically noted in these development standards. 68. Prior to issuance of the first building permit, all existing and proposed utilities, including electrical transmission lines less than sixty-seven (67) kilovolts, must be undergrounded consistent with plans approved by the city engineer, public works director and community development director. Any exceptions must be approved by the city council. 69. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.) must be placed within landscaped areas when landscaped areas are part of the right-of-way improvements. When above-ground obstructions are placed within the sidewalk, a minimum of five (5) feet clear sidewalk width must be provided around the obstruction. Above-ground obstructions may not be located within or on multi-purpose trails. 70. Prior to final inspection of improvements, the project registered civil engineer shall submit certified original “record drawing” plans with three (3) sets of paper prints and the appropriate plan revision review fees to the city engineer and public works director along with electronic files in a format satisfactory to the city engineer and public works director. These “record drawing” plans must incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto. The plans must be “record drawings” on twenty-four (24) inch by thirty-six (36) inch Mylar® sheets (made with proper overlaps) with a city title block on each sheet. In addition, the applicant shall provide an electronic file update of the city’s master base map electronic file, incorporating all streets, sidewalks, street lights, traffic control facilities, street striping, signage and delineation, storm drainage facilities, water and sewer mains, lines and appurtenances and any other utility facility installed for this project. 349 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 312 71. The street improvement plans must contain a surveyor’s statement on the plans, certifying that, in accordance with Business and Professions Code Section 8771, all recorded monuments in the construction area will be protected in place during construction, or have been located and tied with no fewer than four (4) durable reference monuments, which will be protected in place during construction. Copies of all monument tie sheets must be submitted to the city on reproducible three (3) mil polyester film. 72. Prior to reduction of improvement bonds, the applicant must submit reproducible centerline tie sheets on three (3) mil polyester film to the city engineer and public works director. 73. All streets must conform to the latest city of Moorpark engineering policies and standards using equivalent single axle loads (ESAL) for a minimum thirty (30) year term for public streets and ESAL for a twenty (20) year term on private streets. All streets must be designed and constructed to the required structural section in conformance with the latest city of Moorpark engineering policies and standards. The geotechnical or soil reports must address the need for possible sub-drainage systems to prevent saturation of the pavement structural section or underlying foundation. An additional one and one-half (1-1/2) inch thick rubberized asphalt pavement must be added to the structural section for public streets. This additional pavement may not be used in determining the required structural section. 74. When required by the city engineer and public works director, the applicant shall provide, for the purposes of traffic signal installation, two (2) four (4) inch PVC conduits extending across all intersections, and surfacing through “J” boxes to the satisfaction of the city engineer and public works director. 75. Prior to approval of a grading plan, the applicant shall submit to the city of Moorpark for review and approval by the city engineer and public works director, drainage plans with the depiction and examination of all on-site and off-site drainage structures and hydrologic and hydraulic calculations in a bound and indexed report prepared by a California registered civil engineer. 76. Drainage improvements must be designed so that after-development, drainage to adjacent parcels would not be increased above pre-development drainage quantities for any stormwater model between and including the ten (10) year and one hundred (100) year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project must be in type, kind and nature of predevelopment flows unless the affected upstream and/or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows must be provided to the satisfaction of the city engineer and public works director. The applicant shall make any on-site and downstream improvements, required by the city, to support the proposed development. 77. The drainage plans and calculations must analyze conditions before and after development, as well as, potential development proposed, approved, or shown in the general plan. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses must be addressed. 350 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 313 78. Local residential and private streets must be designed to have at least one (1) dry travel lane available during a ten (10) year frequency storm. Collector streets must be designed to have a minimum of one (1) dry travel lane in each direction available during a ten (10) year frequency storm. 79. All stormwater surface runoff for the development must have water quality treatment to meet the design standards for structural or treatment control BMPs per the latest issued Ventura County municipal stormwater NPDES permit. 80. The hydraulic grade line within any catch basin may not extend higher than nine (9) inches below the flow line grade elevation at the inlet. 81. No pressure manholes for storm drains are allowed unless specifically approved in writing by the city engineer and public works director. If permitted, all storm drain lines under water pressure must have rubber gasket joints. 82. All manhole frames and covers shall have a thirty (30) inch minimum diameter. This includes all access manholes to catch basins, as well as any other storm drain or NPDES structure. 83. The Q50 storm occurrence must be contained within the street right-of-way. 84. The maximum velocity in any storm drain system may not exceed twenty (20) feet per second. 85. All detention and debris structures that fall under the definition of being a dam must have an open air spillway structure that directs overflows to an acceptable location to the satisfaction of the city engineer and public works director. 86. Only drainage grates of a type approved by the city engineer and public works director may be used at locations accessible by pedestrian, bicycle or equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails. 87. To verify that the reinforced concrete pipe (RCP) specified on the improvement plan is correct, the RCP delivered to project site must have the D-LOAD specified on the RCP. 88. The grading plan must show distinctive lines of inundation delineating the one hundred (100) year flood level. 89. All flows that have gone through flow attenuation and clarification by use of acceptable best management practice systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices are to be deposited directly into the storm drain system unless an alternative has been approved by the city engineer and public works director. Storm drain and related easements outside the public right-of-way are to be privately maintained unless otherwise approved by the city council. 351 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 314 90. Concrete surface drainage structures exposed to the public view must be tan colored concrete, as approved by the community development director, and to the extent possible must incorporate natural structure and landscape to blend in with the surrounding material. 91. Prior written approval by the city engineer and public works director is required for curb outlets that provide for pad or lot drainage onto the street. 92. Drainage devices for the development must include all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the city engineer and public works director. 93. The applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the city engineer and public works director: a. Adequate protection from a one hundred (100) year frequency storm; b. Feasible access during a fifty (50) year frequency storm; c. Elevation of all proposed structures within the one hundred (100) year flood zone at least one (1) foot above the one hundred (100) year flood level. Hydrology calculations must be per current Ventura County watershed protection agency standards and to the satisfaction of the city engineer and public works director. Development projects within a one hundred (100) year flood zone may require a conditional letter of map revisions (CLOMR) and letter of map revision (LOMR) as determined by the city engineer and public works director. 94. The storm drain system must be designed with easements of adequate width for future maintenance and reconstruction of facilities, particularly facilities deeper than eight (8) feet. In addition, all facilities must have all-weather vehicular access. 95. All existing public storm drain systems within the development require pre-construction and post-construction closed caption television videoing (CCTV) including identification by existing plan and station. 96. Storm drain systems must be constructed per the most current Ventura County Watershed Protection District Standard Design Manual, city of Moorpark standards and to the satisfaction of the city engineer and public works director. 97. All storm drain easement widths and alignments must conform to the city of Moorpark requirements and be to the satisfaction of the city engineer and public works director. Easements must provide sufficient room for reconstruction of the storm drain systems and provide all weather access within the easement, to all manholes, inlets, outlets and any other structure that requires maintenance. 352 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 315 98. Prior to the start of grading or any ground disturbance, the applicant shall identify a responsible person experienced in NPDES compliance who is acceptable to the city engineer and public works director. The designated NPDES person (superintendent) shall be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (40%) or greater and prior to the start of and during all grading or clearing operations until the release of grading bonds. The superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate best management practices. The superintendent shall be required to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. 99. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying grading or excavation, the applicant shall prepare and submit a stormwater pollution control plan (SWPCP), on the form established in the Ventura Countywide stormwater quality management program. The SWPCP must address the construction phase compliance to stormwater quality management regulations for the project. The SWPCP, improvement plans and grading plans must note that the contractor shall comply with the California Best Management Practices Construction Handbook, published by the California Stormwater Quality Association. The SWPCP must be submitted, with appropriate review deposits, for the review and approval of the city engineer and public works director. The SWPCP must identify potential pollutant sources that may affect the quality of discharges and design the use and placement of best management practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. Erosion control BMPs, which include wind erosion, dust control, and sediment source control BMPs for both active and inactive (previously disturbed) construction areas are required. 100. The SWPCP must include provisions for modification of BMPs as the project progresses and as conditions warrant. The city engineer and public works director may require the first version and each subsequent revision of the SWPCP to be accompanied by a detailed project schedule that specifically identifies the type and location of construction operations for the project. The SWPCP must be developed and implemented in accordance with the latest issued Ventura Countywide stormwater quality management program, NPDES permit, Chapter 8.52 of the Moorpark Municipal Code and any other requirements established by the city. The applicant is responsible for ensuring that all project contractors, subcontractors, materials suppliers, tenants and tenants’ contractors comply with all BMPs in the SWPCP, until such time as a notice of termination has been approved by the city engineer and public works director and accepted by the Los Angeles Regional Water Quality Control Board. The SWPCP must include schedules and procedures for on-site maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. On-site maintenance of all equipment that can be performed off-site will not be allowed. 101. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit a stormwater pollution prevention plan (SWPPP). The SWPPP must address post-construction compliance with stormwater quality management regulations for the project. The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management 353 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 316 Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the stormwater management program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the city engineer/public works director. The proposed plan must also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology, including all related costs. The use of permanent dense groundcover planting approved by the city engineer/public works director and community development director is required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. “Passive” and “natural” BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar “active” devices is not acceptable and may not be used without specific prior approval of the city council. The use of biological filtering, bio-remediation, infiltration of pre-filtered stormwater and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non-disruptive fashion is required. As deemed appropriate for each project, the SWPPP must establish a continuing program of monitoring, operating and maintenance to: a. Provide discharge quality monitoring; b. Assess impacts to receiving water quality resulting from discharged waters; c. Identify site pollutant sources; d. Educate management, maintenance personnel and users, to obtain user awareness and compliance with NPDES goals; e. Measure management program effectiveness; f. Investigate and implement improved BMP strategies. g. Maintain, replace and upgrade BMP facilities (establish BMP facility inspection standards and clear guidelines for maintenance and replacement); h. Secure the funding, in perpetuity, to achieve subsections a through g. 102. Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading or excavation, the applicant shall submit a notice of intent (NOI) to the California State 354 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 317 Water Resources Control Board, Stormwater Permit Unit in accordance with the latest issued NPDES Construction General Permit: Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities. The applicant shall also provide a copy of the notice of intent (NOI) to the city engineer and public works director as proof of permit application. The improvement plans and grading plans shall contain the waste discharge identification number for the project. 103. Engineering and geotechnical or soils reports must be provided to prove, to the satisfaction of the city engineer and public works director, that all “passive” NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water detention and clarification. 104. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code and any provision amendatory and supplementary thereto. 105. Development must comply with the most recently adopted city of Moorpark landscape design standards and guidelines, including compliance with the prohibited plants list. (Ord. 421 § 2, 2013) 17.76.060 Fees. A. Entitlement Processing. Prior to the approval of any zoning clearance for this entitlement, the applicant shall submit to the community development department all outstanding entitlement case processing fees, including all applicable city legal service fees. This payment must be made within sixty (60) calendar days after the approval of this entitlement. B. Condition Compliance. Prior to the issuance of any zoning clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the community development department the condition compliance review deposit. C. Capital Improvements and Facilities, and Processing. Prior to the issuance of any zoning clearance for a building permit, the applicant shall submit to the community development department, capital improvement, development, and processing fees at the current rate then in effect. Said fees include, but are not limited to, building and public improvement plan checks and permits. D. Parks. Prior to the issuance of a zoning clearance for a building permit, the applicant shall submit to the parks, recreation and community services department fees in accordance with city ordinances and resolutions. E. Fire Protection Facilities. Prior to the issuance of a zoning clearance for a building permit, current fire protection facilities fees must be paid to the building and safety division in accordance with the city council adopted fire protection facilities fee requirements in effect at the time of building permit application. 355 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 318 F. Library Facilities. Prior to the issuance of a zoning clearance for a building permit, the library facilities fee must be paid to the building and safety division in accordance with the city council adopted library facilities fee requirements in effect at the time of building permit application. G. Police Facilities. Prior to the issuance of a zoning clearance for a building permit, the police facilities fee must be paid to the building and safety division in accordance with the city council adopted police facilities fee requirements in effect at the time of building permit application. H. Traffic Systems Management. Prior to the issuance of a zoning clearance for a building permit, the applicant shall submit to the community development department the established Moorpark traffic systems management (TSM) fee for the approved development consistent with adopted city policy for calculating such fee. I. Intersection Improvements. Prior to the issuance of the first zoning clearance for a building permit, the applicant shall submit to the community development department a fair-share contribution for intersection improvements relating to the project. The amount of fair-share participation will be to the satisfaction of the city engineer and public works director based on the traffic report prepared for the project and the extent of the impact to these intersections. J. Citywide Traffic. Prior to the issuance of a zoning clearance for a building permit, the applicant shall submit to the community development department the citywide traffic fee. The fee shall be calculated per dwelling unit for residential projects, based upon the effective date of approval of the entitlement consistent with adopted city policy for calculating such fee. K. Area of Contribution. Prior to the issuance of a zoning clearance for a building permit, the applicant shall pay to the community development department the area of contribution (AOC) fee for the area in which the project is located. The fee shall be paid in accordance with the city council adopted AOC fee requirements in effect at the time of building permit application. L. Street Lighting Energy Costs. Prior to the issuance of a zoning clearance for a building permit, the applicant shall pay to the community development department all energy costs associated with public street lighting for a period of one (1) year from the acceptance of the street improvements in an amount satisfactory to the city engineer and public works director. M. Schools. Prior to the issuance of a zoning clearance for a building permit, the applicant shall provide written proof to the community development department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark unified school district. N. Art in Public Places. Prior to the issuance of a zoning clearance for a building permit, the applicant shall contribute to the art in public places fund in accordance with Municipal Code Chapter 17.50 and sections amendatory or supplementary thereto. Contribution is to be submitted to the community development department. If the applicant is required to provide a public art project on- or off-site in lieu of contributing to the art in public places fund, the art work must have a value 356 Moorpark Zoning Code Update, Public Review Draft 03/10/2023 319 corresponding to, or greater than, the contribution, and must be approved, constructed and maintained for the life of the project in accordance with the applicable provision of the Moorpark Municipal Code. O. Electronic Conversion. In accordance with city policy, the applicant shall submit to the community development department, city engineer and public works director and the building and safety division the city’s electronic image conversion fee for entitlement/ condition compliance documents; final map/engineering improvement plans/permit documents; and building plans/permit documents, respectively. P. Crossing Guard. Prior to the issuance of zoning clearance for a building permit, the applicant shall pay to the community development department an amount to cover the costs associated with a crossing guard for five (5) years at the then current rate, plus the pro-rata cost of direct supervision of the crossing guard location and staff’s administrative costs calculated at fifteen percent (15%) of the above costs. This applies to residential project of ten (10) or more units. Q. Storm Drain Discharge Maintenance Fee. Prior to the issuance of a zoning clearance for a building permit, the applicant shall pay to the community development department the citywide storm drain discharge maintenance fee in accordance with the city council adopted storm drain discharge maintenance fee requirements in effect at the time of building permit application. R. County Traffic Impact Mitigation Fee. Prior to the issuance of a zoning clearance for a building permit, the county traffic impact mitigation fee must be paid in accordance with county adopted fee requirements in effect at the time of building permit application. (Ord. 421 § 2, 2013) 357 ATTACHMENT 3 358 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE March 2023 Green text indicates a new zoning designation Red text indicates a change in density for an existing zoning designation GENERAL PLAN LAND USE DESIGNATION APPROPRIATE ZONING FOR IMPLEMENTATION OF LAND USE DESIGNATIONS LAND USE DESIGNATION DESCRIPTION RESIDENTIAL R - Rural (1.0 DU/AC) R-A - Rural Agricultural (1.0 DU/AC) This designation is intended to allow development of residential estate lots on minimum one-acre lots or using clustering techniques for areas characterized by significant site constraints, (rugged topography, steep slopes, lack of services, limited access, etc.), or areas of important visual and natural resources. NVL - Neighborhood Very Low (3.0 DU/AC) R-O – Single Family Estate (3.0 DU/AC) R-E - Rural Exclusive (3.0 DU/AC) R-L – Single Family Residential Low (3.0 DU/AC) Housing developed on minimum 1/3-acre lots, which may include estate-type units in planned residential subdivisions with extensive trail systems and open spaces; and on the edges of the City. NL - Neighborhood Low (8.0 DU/AC) R-1 - Single Family Residential (8.0 DU/AC) This designation includes single-family neighborhoods at a variety of densities. The purposes are to (a) protect existing single-family areas and provide for infill development within these areas at a similar scale as the surrounding residential context and (b) provide for the development of new single- family subdivisions on large vacant properties comparable in scale with existing single-family neighborhoods. ATTACHMENT 4 359 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE March 2023 1Where R-1 zoned parcels have a Neighborhood Mixed Density (NMX) General Plan land use designation, housing units can be clustered in a mix of residential building types of densities up to 24 du/ac, as long as a 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 par cels designated NMX that depicts how residential density will be distributed so as not to exceed 8 du/ac cumulatively. In instances where individual building densities exceed 8 du/ac, the development st andards associated with the R-2 zone shall apply. NMX - Neighborhood Mixed Density (8.0 DU/AC) R-1 – Single-Family Residential (8.0 DU/AC)1 This designation provides for a mix of housing types (such as single family detached, duplex and multiplex, courtyard housing, and townhomes) within a large, planned development area, with recreational amenities, community meeting rooms, and/or small neighborhood-serving retail, and extensive open spaces and trail systems. NM - Neighborhood Medium (24.0 DU/AC) R-2 – Medium Density Residential (24.0 DU/AC) TPD – Trailer Park Development This designation includes a mix of lower-scaled attached multi-family homes, referred to as “missing middle” housing types, often close to existing or proposed retail and commercial areas NH - Neighborhood High (32.0 DU/AC) R-3 – Multifamily Residential (32.0 DU/AC) This designation includes a mix of attached multi-family housing types, within walking distance of retail, services, and major centers of activity and transit stations. COMMERCIAL NC - Neighborhood Commercial (0.35 FAR) C-1 – Neighborhood Commercial (0.35 FAR) This designation applies to small parcels, typically 1 to 5 acres in size, providing convenience-type retail, neighborhood offices, and service activities in 1 story buildings designed to serve the immediate neighborhood accessible by car, bicycle, and on-foot. 360 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE March 2023 C-A - Commercial Center – Auto (0.50 FAR) C-2 – General Commercial (0.50 FAR) C-P-D – Commercial Planned Development (0.50 FAR) C-O - Commercial Office (0.50 FAR) This designation provides for commercial areas with a wide range of retail and service activities (generally larger than 5 acres). Intended uses include community shopping centers, department stores, furniture and appliance stores, restaurants, automotive uses, office and professional services, and business support services. This designation encourages the grouping of commercial outlets into consolidated centers with direct access to major roads, arterials and/or freeways. MIXED-USE MUL – Mixed Use Low (1.5 FAR) MUL – Mixed Use Low (1.5 FAR) This designation provides for neighborhood-serving goods and services and multi-family residential in a mixed-use format (vertical or horizontal). Buildings in this designation will be designed to be walkable with wide sidewalks, active frontages, and minimal setbacks from the back of the sidewalk. MUM - Mixed Use Medium (2.0 FAR) MUM – Mixed Use Medium (2.0 FAR) This designation provides for a mix of commercial, office, and housing development in buildings with an additional story in height 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. MUD - Mixed Use District (2.0 FAR) MUD – Mixed Use District (2.0 FAR) This designation applies to larger sized properties 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 projects 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 361 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE March 2023 subterranean. A model for the redevelopment of underutilized commercial centers. INDUSTRIAL IP - Industrial Park (1.0 FAR) M-1 – Industrial Park (1.0 FAR) M-2 – Limited Industrial (1.0 FAR) This designation applies to properties developed with multiple industrial (light manufacturing), research and development, offices, and other buildings containing one or more tenant and limited support uses, with surface parking lots. Some areas developed with landscapes and streetscapes to convey a “campus-like” environment. Truck access to individual businesses normally required. IF - Industrial Flex (1.0 FAR) I-F – Industrial Flex (1.0 FAR) This designation applies to properties developed predominately for with uses permitted by “Industrial Park” category allowing the integration of ancillary and a diversity of specialty commercial uses, such as restaurants, brew pubs, copy houses, overnight accommodations, and similar uses that activate the area in the evening and on weekends. Truck routes and hours of operation are limited to prevent conflicts with customers. OTHER AG – Agriculture (0.1-0.025 DU/AC) A-E – Agricultural Exclusive (0.025 DU/AC) This designation applies to land used for the growing and harvesting of crops and raising livestock. OS - Open Space (0.1-0.025 DU/AC) O-S – Open Space (0.025 DU/AC) This designation identifies those open space lands which contain various development constraints such as slope gradient, soil and geotechnical hazards, plus other environmental concerns, access, and availability of public services. This designation identifies permanent open space areas which function to preserve visual resources and natural areas, buffer communities and provide relief from noise and crowding of urban development, maintain environmentally hazardous areas, etc. A mineral resource production overlay designation is provided for significant mineral resource deposits as identified by the California Department of Conservation Division of Mines and Geology. 362 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE March 2023 2All development in the floodplain shall be in accordance with the National Flood Insurance requirements and Chapter 15.24 of the Moorpark Municipal Code. NCP – Neighborhood Community Park O-S - Open Space This designation applies to properties developed for active and passive recreational activity serving a neighborhood or the larger community. Natural open areas may be preserved and integrated into the park. Ideally, a park is located within a quarter mile of every residence. S - School I – Institutional Public school sites of all levels, elementary through high school, as well as the Moorpark College facility are all identified by this classification. U - Utilities I – Institutional This designation identifies major public utility facilities PUB - Public/Institutional I – Institutional This designation identifies public facilities, including: government buildings, libraries, fire stations, non-profit organization buildings, and community service centers but excludes jail facilities FLDWY - Floodway O-S – Open Space2 This designation identifies the floodway of the Arroyo Simi as identified by the Federal Emergency Management Agency (FEMA). Habitable structures are prohibited. FRWY-R/W – Freeway/Right-of- way - This designation identifies street, freeway and railroad rights- of-way within the City. 363 Public Comment Summary 1.Matthew Eason 2.Ashley Seery 3.Gary Butterworth 4.Ashley Seery 5.Joseph Fiss 6.Joseph Fiss 7.Robert Perez 8.Steve Hoppel 9.Stone Lawson 10.Barbara Loczi 11.Bruce Thomas 12.Joseph Fiss 13.Joseph Fiss 14.Joseph Fiss 15.Marco Vujicic 16.Christie Foster 17.Rick Franklin 18.Robert Sforzini 19.Victor, Tamira, and Christian Kreider 20.Laren Cypher, Avantus 21.Linda Shichino-Cruz 22.John Newton 23.Joseph Fiss (on behalf of Mission Bell Plaza) 24.Justin Amirault, Broad Reach Power 25.Kent Truckor, Hecate Grid 26.Patti Felker 27.Dorann LaPerch 28.Remy Philipossian 29.Jeff Malone 30.Anne Peters ATTACHMENT 5 364 From:Matthew Eason Sent:Friday, March 10, 2023 4:54 PM To:Zoning Subject:Draft zoning code input Hi there, why isn't Tierra Rejada Park designated as open space? Is that a mistake on the map? It's designated as medium density housing. Thanks Matthew Eason Comment No. ___1 365 From:Ashley Seery Sent:Monday, March 13, 2023 3:48 PM To:Zoning Subject:Quailridge HOA & Tierra Rejada Park Hello, In reviewing the Zoning map and code updates, I noted that Quailridge I and II HOA and Tierra Rejada Park were noted as R‐2 or multifamily dwellings for medium density. This seems inaccurate. When will this be able to be updated? If this is, in fact, the future vision for our community, then I would like to strongly oppose and advise that these remain R‐1 single family housing zones and for Tierra Rejada Park to remain a community park or O‐S designation. Thank you, Ashley Seery Comment No. ___2 366 1 From:Gary Butterworth Sent:Saturday, March 18, 2023 12:54 AM To:Zoning Subject:City of Moorpark Public Comment re Zoning Draft Dear City Leaders: Please allow me to begin by pointing out what this comment is not: a nostalgic longing for a past which will never come back. No, this is a plea for remembering why we love Moorpark today, and how we want to see her retain the essence of what attracted us to her in the first place. My wife Tammy, son Ryan, and I moved here in 2002 when I left a TV career in the Monterey Bay area to go to grad school at CSUN. Tammy and I eventually became County of Ventura employees, our son attended Moorpark High School, and he ultimately became the Men’s Scholar/Athlete of the Year at Moorpark College. We are no Johnny come latelies. Having resided in San Diego, L.A., Orange, San Bernardino, Kern, and Monterey counties, I can confidently declare: “I’d never want to vacation here, but it’s a great place to live!” In the early 1980s, I did some radio work in Simi Valley (“KWNK‐67 AM”), and I recall those days on High Street with horses and no 118 Freeway connection between Moorpark and Simi Valley. Simi back then reminds me of Moorpark today. Simi Valley today reminds me of the San Fernando Valley today. California residents are leaving our state and new ones are “coming from Los Angeles” to Moorpark. I should know. I grew up in an upper‐middle class neighborhood in the South Bay area. Wouldn’t trade my salad days for anything; however, you couldn’t pay me anything to move back. My plea to our fine city leaders is to restrict growth to a minimum! I applaud the effort to “keep density out of single‐ family home neighborhoods” and limit “multi‐story buildings.” With apologies to our neighbors to the east, I don’t want to see our charming Moorpark “grow” into the new Simi Valley. Your neighbor and friend, Gary Gary Butterworth Moorpark, CA 93021‐3735 Comment No. ___3 367 From:Ashley Seery To:Shanna Farley Cc:Zoning Subject:Re: Quailridge HOA & Tierra Rejada Park Date:Wednesday, March 22, 2023 2:31:13 PM Attachments:image008.png image009.png Hi Shanna, To put it simply: 1. R-1 is being rezoned for a maximum of 8.0 du/ac (or neighborhood low/NL per the guidance being cited). Quailridge 1 & 2 HOAs are 7.2 du/ac on average per your email. This is below the revised threshold of R-1, and I would like to see our neighborhood zoned as single family homes on individual lots as the current homes are not and should not be considered in the future as multi-family dwelling units such as condos or duplexes. 2. Additionally, our neighborhood park, Tierra Rejada Park, should be fixed in the updated version categorized as a park or open space (NCP) - not residential. Thank you for considering my comments and passing them along to the City. Thank you, Ashley Seery Comment No. ___4 368 From:Joseph Fiss Sent:Wednesday, March 22, 2023 4:56 PM To:Zoning Subject:Definitions Follow Up Flag:Follow up Flag Status:Completed Categories:Red Category This was already in the zoning ord: “Disabled person” or “individual with a disability” means a person who has a physical or mental impairment that limits or substantially limits one (1) 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 of, or addiction to, a controlled substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania. I recommend just removing this or saying something like .... "as defined by the Americans with Disabilities Act and/or Title 24 of the California Building Code as may be amended". https://codes.iccsafe.org/content/CABC2022P2/chapter‐2‐definitions https://calcivilrights.ca.gov/peoplewithdisabilities/#:~:text=Equal%20Services%2C%20Housing%20for%20People%20wit h%20Disabilities&text=State%20law%20prohibits%20discrimination%20by,houses%2C%20condos%20and%20other%20 dwellings. Joe Fiss, MSOL Director of Planning and Entitlements TW LAND PLANNING & DEVELOPMENT, LLC Comment No. ___5 369 From:Joseph Fiss To:Zoning Subject:Definitions Date:Wednesday, March 22, 2023 5:11:41 PM Check this against Title 6 Animal Regulations and 17.28.030 “Kennel (or cattery)” means any lot or premises where five (5) or more dogs or cats of at least four (4) months of age are kept, boarded, bred or trained, whether in special buildings or runways or not. Intended for the keeping of domestic dogs and cats. Kenneling may occur overnight or on a daily basis. By taking out "5 or more" the keeping of one dog or cat makes it a kennel. Joe Fiss, MSOL Director of Planning and Entitlements TW LAND PLANNING & DEVELOPMENT, LLC Comment No. ___6 370 From: Robert Perez Sent: Thursday, March 30, 2023 4:29 PM To: Info General Plan Subject: Zoning for Funeral Home Good afternoon, can you tell me if any areas have been updated for Funeral Home Zoning? I know when I opened 10 years ago, there wasn’t a zoning area in Moorpark. Many other cities have proper zoning for our profession and I would love to see this in our wonderful city. Robert Perez, Managing Funeral Director Perez Family Funeral Home Camarillo CA 93010 “Our Family Putting Your Family First” FD-1913 Comment No. ___7 371 From:Steve Hoppel To:Zoning Subject:Favorable Zoning Updates Date:Wednesday, April 05, 2023 8:47:22 AM Hello Planning Commission, In reading your updates I found a couple of zoning updates that I am very much in favor of and have been watching for some years. - The expansion of the term "Social Club" to include 'clubhouses.' And the future allowance in Zone C-P-D / C-2. - The inclusion of "Distilleries" along with breweries and wineries. Thanks for broadening these areas of the Moorpark Zoning Code. Sincerely, Steve Hoppel Moorpark, CA Comment No. ___8 372 From: Stone Hagman-lawson Sent: Wednesday, April 05, 2023 1:11 PM To: Moorpark <>; Tom Means Subject: Public Comment Item 9A Dear City Officials, I am urging the Moorpark City Council to amend the General Plan to limit all construction for both new and renovation projects to 3 stories or less. This building height and impact on density will ensure that it complies not only with Moorpark's Vision Statement as relates to maintaining our small-town fee and being good stewards of the environment, but also ensures that projects comply with the Open Space and Visual Resources Goal OSPR 4 - Protection of Scenic Topographic features and elements that contribute to "Moorpark's Unique Aesthetic and Visual Qualities and Promote the Quality of Life That Moorpark Citizens Pursue". In addition, this 3-story building height restriction would ensure compliance with OSPR 4.2 New development: ensure that new developments contribute to, and do not diminish, the city's unique aesthetic and visual qualities. Lastly, and since I am young and concerned about the environment and climate change this would also be a positive change to further ensure compliance with 7.2 Conservation Approach, 7.2.1 Biological Resources. Thank you for your serious and conscientious consider of this request. Stone Lawson Moorpark, CA 93021 Comment No. ___9 373 Comment No. ___10 374 Please note "North Ranch" should read "North Park". Sincerely, Bruce Thomas -----Original Message-- From: BRUCE THOMASIIIIIIIIIIIIIII Sent: Wed, Apr 5, 2023 � Subject: Fwd: Public Comment Item 9A Sent from my iPad Begin forwarded message: From: Bruce Thomas........._..> Date: April 5, 2023 at 1 � To: Moorpark@moorparkca.gov Cc: 11111111111111! Sub�em9A Reply-To: Bruce Thomas Enclosed please find my brief comments concerning the General Plan. 1.I wholeheartly support the General Plan's Vision Statement for Moorpark. However, I do believe there needs to be full discussion and possible change to the General Plan concerning limiting construction to the maximum of three stories. I believe anything higher would violate the spirit of the Vision Statement. 2.I believe the General Plan population number should be such as to keep our community with one high school. I am not sure what that number is, but I believe that MUSD during the discussion of the North Ranch development had decided that one high school would suffice for city population of 52,000. Thank you for your consideration. Bruce Thomas Comment No. ___11 375 From:Joseph Fiss To:Zoning Subject:Animal Keeping Date:Thursday, April 06, 2023 8:37:14 AM P 138: Existing: C. In case of an emergency, with the approval of an admirative permit, conditional use permit, or approval of the community development director, any animal classified in Table 17.28.030B shall be kept in an approved zone, with a permit, for the duration of the emergency or relocation of the animal, but not exceeding fifteen (15) days. Recommend: C. In case of an emergency, with the approval of an admirative permit, conditional use permit, or approval of the community development director a temporary use permit, any animal classified in Table 17.28.030B shall may be kept in an approved zone, with a permit, for the duration of the emergency or relocation of the animal, but not exceeding fifteen (15) days. In the case of a declared local, state, or federal emergency, this period can be extended for the duration of the emergency. Joe Fiss, MSOL Director of Planning and Entitlements TW LAND PLANNING & DEVELOPMENT, LLC Comment No. ___12 376 From:Joseph Fiss To:Zoning Subject:Definitions Date:Thursday, April 06, 2023 9:44:17 AM Delete these: “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 quarries, 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 They don't appear anywhere else in the code. Joe Fiss, MSOL Director of Planning and Entitlements TW LAND PLANNING & DEVELOPMENT, LLC Comment No. ___13 377 From:Joseph Fiss To:Zoning Subject:Religious Assembly vs. other Assembly Date:Thursday, April 06, 2023 10:12:19 AM https://www.justice.gov/crt/religious-land-use-and-institutionalized-persons-act Places of religious assembly must be treated the same as other assembly uses. Take a look at the requirements for theaters, gyms, etc... This is why they all had the same standard. Joe Fiss, MSOL Director of Planning and Entitlements TW LAND PLANNING & DEVELOPMENT, LLC Comment No. ___14 378 From:MARCO VUJICIC To:Zoning; Chris Enegren; Carlene Saxton; Gilbert Lozano Subject:Zoning Update Comments Date:Friday, April 21, 2023 4:50:38 PM Good Afternoon, My wife and I live back in the Gabbert Community. We have a nonprofit called Steer’d Up in which we raise cattle and donate 100% of the beef to local food pantries. Our property is zoned RE-1 which allows “4. Equine, bovine or cleft-hoofed animals, including, but not limited to, horses, ponies, mules, donkeys, burros, cows, and bulls” and also “7. Medium animals such as llamas, alpacas, sheep, goats, swine and other animals of similar size as determined by the community development director which are bred for sale and not kept as pets”. We would like to request for the City of Moorpark to consider adding verbiage to the medium size language which could include medium and small frame cattle and equine. We raise Miniature Hereford and Lowline Angus. These cattle are used on small farms because they do not eat as much and they do not produce as much waste as other larger cattle breeds. They are half the size of normal Hereford or Black Angus cattle. The average size of our cattle is between 750 -1,000lbs. Normal Hereford and Angus cattle weight an average of 1,400 to 2,000+ lbs. Since our Cattle are considered miniature cattle, we would like to know if the Community Development Director along with the City of Moorpark can consider our cattle to fall under the medium size animal definition in the revised zoning ordnance. We would like to see if there can be language added that that would allow smaller breads of cattle and equine as well. We believe that our cattle would fall under this category as the weight of a full grown llama can weigh almost 450lbs and swine, depending on the breed can weight 1,000+ lbs. We also feel that since babies can stay with their mothers until they are 12 months old, that we would create less impact on our properties then swine would, as cattle usually have only one calf per year. Swine on the other hand can have 7-12 piglets in a litter and give birth twice a year. We would also like to see if there can be language added to number 4 & 7 above that would temporarily allow additional animals to be housed in the event of an emergency such as fires, drought, flooding, snow storms etc. During those times our properties could be used to house equine, bovine and other animals. We would also like to request for language to be added to allow our properties to be used as a temporary hold space for when animals will be in transition to be harvested and processed. We would like to thank you for your consideration. If you have any questions and would like to discuss please feel free to email or call . Marco Vujicic 10 " for every animal of the forest is mine, and the cattle on a thousand hills. I know every bird in the mountains, and the insects in the fields are mine. If I were hungry I would not tell Comment No. ___15 379 you, for the world is mine, and all that is in it." ~ Psalm 50:10-12 In Jesus Name, Marco Vujicic 10 " for every animal of the forest is mine, and the cattle on a thousand hills. I know every bird in the mountains, and the insects in the fields are mine. If I were hungry I would not tell you, for the world is mine, and all that is in it." ~ Psalm 50:10-12 Comment No. ___15 380 From:Christie Foster To:Zoning Subject:COMMENTS Date:Sunday, April 23, 2023 11:38:46 AM FAR TOO MUCH “HIGH DENSITY” HOUSING!!! It makes all other property values go down and creates TOO MUCH CRIME, DRUG USE AND OTHER ILLEGAL ACTIVITY. It does not help the city of Moorpark. No matter how you spin it!! So planning commission….Thank you for all your lop- sided ideas and horrendous planning. Enjoy the crimes to come!!! Comment No. ___16 381 Comment No. ___17 382 The average size of our cattle is between 750 -1,000lbs. Normal Hereford and Angus cattle weight an average of 1,400 to 2,000+ lbs. Since our Cattle are considered miniature cattle, we would like to know if the Community Development Director along with the City of Moorpark can consider our cattle to fall under the medium size animal definition in the revised zoning ordnance. We would like to see if there can be language added that that would allow smaller breads of cattle and equine as well. We believe that our cattle would fall under this category as the weight of a full grown llama can weigh almost 450lbs and swine, depending on the breed can weight 1,000+ lbs. We also feel that since babies can stay with their mothers until they are 12 months old, that we would create less impact on our properties then swine would, as cattle usually have only one calf per year. Swine on the other hand can have 7-12 piglets in a litter and give birth twice a year. We would also like to see if there can be language added to number 4 & 7 above that would temporarily allow additional animals to be housed in the event of an emergency such as fires, drought, flooding, snow storms etc. During those times our properties could be used to house equine, bovine and other animals. We would also like to request for language to be added to allow our properties to be used as a temporary hold space for when animals will be in transition to be harvested and processed. We would like to thank you for your consideration. If you have any questions and would like to discuss please feel free to email or call 805-304-1557. Marco Vujicic 10 " for every animal of the forest is mine, and the cattle on a thousand hills. I know every bird in the mountains, and the insects in the fields are mine. If I were hungry I would not tell you, for the world is mine, and all that is in it." ~ Psalm 50:10-12 In Jesus Name, Marco Vujicic 10 " for every animal of the forest is mine, and the cattle on a thousand hills. I know every bird in the mountains, and the insects in the fields are mine. If I were hungry I would not tell you, for the world is mine, and all that is in it." ~ Psalm 50:10-12 Comment No. ___17 383 Comment No. ___18 384 fall under the medium size animal definition in the revised zoning ordnance. We would like to see if there can be language added that that would allow smaller breads of cattle and equine as well. We believe that our cattle would fall under this category as the weight of a full grown llama can weigh almost 450lbs and swine, depending on the breed can weight 1,000+ lbs. We also feel that since babies can stay with their mothers until they are 12 months old, that we would create less impact on our properties then swine would, as cattle usually have only one calf per year. Swine on the other hand can have 7-12 piglets in a litter and give birth twice a year. We would also like to see if there can be language added to number 4 & 7 above that would temporarily allow additional animals to be housed in the event of an emergency such as fires, drought, flooding, snow storms etc. During those times our properties could be used to house equine, bovine and other animals. We would also like to request for language to be added to allow our properties to be used as a temporary hold space for when animals will be in transition to be harvested and processed. We would like to thank you for your consideration. If you have any questions and would like to discuss please feel free to email or call 805-304-1557. Marco Vujicic 10 " for every animal of the forest is mine, and the cattle on a thousand hills. I know every bird in the mountains, and the insects in the fields are mine. If I were hungry I would not tell you, for the world is mine, and all that is in it." ~ Psalm 50:10-12 In Jesus Name, Marco Vujicic 10 " for every animal of the forest is mine, and the cattle on a thousand hills. I know every bird in the mountains, and the insects in the fields are mine. If I were hungry I would not tell you, for the world is mine, and all that is in it." ~ Psalm 50:10-12 -- Thank you, Robert Sforzini FVP - Default Data Management and Analytics Please Submit and Track Reporting Requests with this Link Comment No. ___ 385 From: To:Zoning Subject:Manure Date:Monday, April 24, 2023 1:54:47 PM We attended the workshop and were asked to send an email. An addition to the code should prohibit transfer of cow manure and sediment to adjoing properties. Also, a more clear formula for the number of cows is necessary. We were asked to provide supporting documentation. We don't feel the city actually wants to help. It appears they just want to waste our time in any and all ways. We truly feel no code changes will be made and/or enforced. However, the city will enforce a code against us for an eye sore while we struggle to breath. Completely shocked at the lack of professionalism and immaturity of our City officials. Hopefully, this is not an allowance of our city council. People live in Moorpark to safely raise their families. This is quickly deteriorating in Moorpark. Victor + Tamira + Christian Kreider Sent from my T-Mobile 5G Device Comment No. ___19 386 Comment No. ___20 387 Comment No. ___20 388 Comment No. ___20 389 Comment No. ___20 390 Comment No. ___20 391 From:Linda Shishino-Cruz To:Zoning Subject:Zoning code Date:Monday, April 24, 2023 9:51:27 PM Your addition of SOAR is inadequate! If you can't add detailed information regarding SOAR procedures, please add THE ENTIRE SOAR INITIATIVE as an addendum. We (the city of Moorpark) passed the SOAR initiative as a GENERAL PLAN AMENDMENT, so it should be INCLUDED IN THE GENERAL PLAN! Thanks, Linda *if you get multiple copies of this email, it's myemail app, not me... just delete any extra copies Comment No. ___21 392 Comment No. ___22 393 TW LAND PLANNING & DEVELOPMENT, LLC VENTURA (CORPORATE) SANTA BARBARA SANTA MARIA/ORCUTT 1068 E. Main Street, Suite 225 903 State Street, Suite 202 195 S. Broadway Street, Suite 209 Ventura, CA 93001 Santa Barbara, CA 93101 Orcutt, CA 93455 www.twlandplan.com April 10, 2023 Shanna Farley, Principal Planner City of Moorpark Community Development Department 799 Moorpark Ave. Moorpark, CA 93021 VIA EMAIL SUBJECT: City of Moorpark Draft Zoning Code Review Dear Ms. Farley: On March 10, 2023, the City of Moorpark notified us of the availability of the Draft Zoning Code and Zoning Map. A schedule of tentative public meetings to review the proposed changes was provided as follows: Zoning Code Update Workshop Tuesday March 21, 2023 City Council Study Session Wednesday May 17, 2023 Planning Commission (Hearing / Special Meeting) Thursday June 22, 2023 City Council (Hearing) Wednesday July 5, 2023 On behalf of MB Plaza East LLC and MB Plaza West LLC, we appreciate the opportunity to review and comment on the City of Moorpark Draft Zoning (Development) Code Update, in general, and specifically as it relates to the Mixed-Use District (MUD) Zoning Designation. A markup of the Draft Zoning Code is provided, and the following summary comments and recommendations are provided: DEFINITIONS: P. 28: Defines Major and Minor Development Projects. This is the only place these terms appear. There is no discussion elsewhere in the code. This definition should be removed or clarified. P. 29: Defines disabled/disability. This should be reserved for Federal/State fair housing and accessibility regulations. This is likely not a problem but could affect housing and construction issues. P. 38: Definition of Mixed-Use Horizontal and Mixed-Use Vertical. There is no discussion or development standards for “Mixed-Use Horizontal” in the draft code. This definition should be removed or clarified. Comment No. ___23 394 City of Moorpark Draft Zoning Code Review April 10, 2023 Page 2 of 6 P. 42: Definition of Retail Trade: We recommend this definition be amended to better reflect “retail and service uses” in the use matrix. GENERAL: P. 54: Describes purpose of MUD Zone. This section appears to allow Single Uses (residential only) without requiring integrated commercial/retail uses. This seems clear to us, but we ask for further clarification in the code. P. 84: No category for more than 5 or 10 dwelling units or multi-unit project. A category for multiple family dwellings, more than 10 dwelling units, should be listed. USES: P.89: Body Piercing/Tattoo Shops. These are contemporary uses and more similar to “personal service establishments”. They should be permitted by Zoning Clearance in all mixed-use zones. P. 89: Liquor stores. Unless there is a documented public safety reason, liquor stores and convenience stores should be permitted in all mixed-use zones. P. 90: Private Post Offices/UPS stores. These are very innocuous retail/service uses and should be permitted in all mixed-use zones. P. 91: Secondhand Stores. What about antique stores/consignment shops? We have no formal comment or position related to these uses but think they could be better defined. P. 91: Smoke Shops. This was a hot-button issue when put in place. Smoke shops, cigar lounges, etc, should be CUP in every zone. P.92: Breweries/Distilleries. These uses are heavily regulated by Alcohol Beverage Control. An Administrative Permit should be required in all mixed-use zones. The Administrative Permit allows streamlined discretionary review with conditions of approval. P. 92: Restaurants. This section was always confusing and poorly written. We recommend splitting out restaurants with alcohol and requiring an Administrative Permit for only the alcohol use. Restaurants with no alcohol should be permitted by Zoning Clearance if they meet parking requirements. P. 92: Drive Through Restaurant. This change makes existing drive-throughs in mixed-use districts legal non-conforming and does not allow any new ones. This was never really an issue in Moorpark. WE OPPOSE THIS CHANGE. IF NECESSARY TO ADD CONDITIONS OF APPROVAL, IT WOULD BE ACCEPTABLE TO REQUIRE AN ADMINISTRATIVE PERMIT FOR DRIVE-THROUGHS IN MIXED-USE DISTRICTS. Comment No. ___23 395 City of Moorpark Draft Zoning Code Review April 10, 2023 Page 3 of 6 STANDARDS: P.96: Windows. This new section is poorly written and confusing. Add standard for clerestory window to reduce confusion. “Required setbacks can be reduced where clerestory windows with a sill or apron not lower than 6 feet above the finished floor are provided shall be permitted in lieu of the required setbacks.” P. 96: Lots. Change from “odd” to “irregular”. P. 98: Outdoor fireplaces. This standard is arbitrary and inconsistent with the building code. We oppose this change and recommend deferring to the building code for outdoor fireplaces. P.99: Setback exception. Can it be 6 feet all the way around? Why can’t an accessory structure have a landing? This Could affect setbacks/stepbacks. Needs a clearer and better-defined standard. “Uncovered porches, platforms, or landings may extend into required setback areas not more than six (6) feet that do not extend above when not higher than the floor level of the first floor of the main a structure may extend into required setback areas not more than six (6) feet.” P. 99: Use “must” not “shall” to impose requirements. “Shall” is ambiguous, and rarely occurs in everyday conversation. The legal community is moving to a strong preference for “must” as the clearest way to express a requirement or obligation. https://www.plainlanguage.gov/guidelines/conversational/shall-and-must/ P. 99: Publicly Accessible Recreational Areas. This is a new type of standard and a bad idea. WE VIGOROUSLY OPPOSE THIS STANDARD. THIS STANDARD CREATES ALL SORTS OF FUTURE PRESCRIPTIVE EASEMENT AND LIABILITY PROBLEMS. DEVELOPERS SHOULD NOT BE REQUIRED TO PROVIDE A PRIVATELY OWNED/MAINTAINED PUBLIC PARK/OPEN SPACE. DEVELOPMENTS ARE ALREADY GOING TO PAY PARK FEES. P.100: Enclosed storage or washer/dryer. We encourage these uses to also be allowed to be provided in an enclosed area on a balcony or patio. P. 100 Outdoor Patio: We appreciate the goal of this standard, however we think this is too much to get too much into one standard. There should be a waiver option for a different type of development, for example, what if a rooftop common area is provided? We encourage a revision of this standard. P. 101: Mirror Finish/Reflectance. This is too subjective. There should be an objective standard for Visible Light Reflectance. P.107: Testing. The proposed change makes this requirement vague. We recommend leaving it as originally written. Comment No. ___23 396 City of Moorpark Draft Zoning Code Review April 10, 2023 Page 4 of 6 P.111: Mixed-use development requirements. Looks like different parts had different authors. Signs/Signing/Signage used throughout code. Should be revised for consistency. P.111-112: Development Requirements: We recommend restoring some of the Residential Planned Development language, specifically something like: “Development Standards. Development standards, including but not limited to building height, minimum lot size, parking, stepbacks, and setbacks for the R-P-D zone mixed-use zones, shall be consistent with the standards and requirements set forth in this title, unless modified by the city council.” Such language would allow flexibility in design when approved by the city council and result in better projects. P. 112: Building Height. Allows an increase in height, but not stories. We recommend this section clarify what is allowed on the roof, such as roof decks, umbrellas, shade structures, etc. P. 112: Stepback. While well intentioned, this sort of standard can hamper creativity and design. As discussed above, some language allowing flexibility for better design should be integrated into the code. P. 113: Height exceptions. This section should clarify whether a rooftop patio is considered a story. P. 115: Frontages: We recommend changing “Director” to “Decision Making Authority”. P. 115: Stepback. This section is disjointed. We recommend eliminating or revising the stepback provisions. Should define “regulated” or use another word. Stepback requirements are an outdated and unnecessary way to force visual interest by forcing changes in plane. This standard creates unusable space at the cost of innovative design. We encourage the city to promote good design through flexible standards. P.115: Façade modulation. Although well intentioned, this, along with the stepback provisions creates an unnecessarily complex standard inhibiting, instead of advancing, good design. P. 117: Glazing light transmission. We recommend the code integrate industry/energy code standards. This could make buildings less energy efficient. P.117: Roof appurtenances. We recommend language be included allowing solar panels to exceed parapet requirements. P. 117: Reflectance. We recommend using industry/energy code standards for Visible Light Reflectance and Transmission (VLR/VLT). P. 117: Publicly Accessible recreational areas. WE VIGOROUSLY OPPOSE THIS STANDARD. THIS STANDARD CREATES ALL SORTS OF FUTURE PRESCRIPTIVE EASEMENT AND LIABILITY Comment No. ___23 397 City of Moorpark Draft Zoning Code Review April 10, 2023 Page 5 of 6 PROBLEMS. DEVELOPERS SHOULD NOT BE REQUIRED TO PROVIDE A PRIVATELY OWNED/MAINTAINED PUBLIC PARK/OPEN SPACE. DEVELOPMENTS ARE ALREADY GOING TO PAY PARK FEES. INCLUSIONARY HOUSING P.118: We would like to know more about how they arrived at these requirements. How does this apply to Density Bonus projects and current changes at the State level? We recommend explaining in the code how this implements the Housing Element. P. 118: Developments don’t “construct”, they “include”. P. 118: For sale restricted income units. With for-sale projects, it is exceedingly difficult if not impossible to qualified buyers at the Very-Low and Low income levels. Typically, developers buy out of those few units. P. 119: Inclusionary Unit Calculation. The * note is just poorly written. We recommend “*The re inclusionary additional unit shall can be provided at either the extremely low or very low income level, at the developers discretion. P.119: In-lieu fee. Clarify whether allowance for payment of the in-lieu fee is at the developers discretion, or the City’s. P. 138: Section C – Typo – “Adminirative” should be “Administrative”. P. 164: Section 5 – Typo – “contains” should be “contain”, or better yet “include” or “incorporate”. P. 174: Major Modification no longer exists in Code. We recommend removing this reference. P. 176: Corridor Frontages. Not defined. This standard is vague and difficult to understand. We recommend removing this standard altogether. P. 178: Bicycle Parking. We recommend this to be aligned and consistent with Green Building Code. P.178: Shopping Centers. We recommend adding some uses to this list, such as breweries and entertainment centers. P. 179: Retail Shops and Services. We recommend adding a broad definition of “retail shops and services” to include coffee shops, sandwich shops, ice cream shops, and similar food uses which are primarily take out/ take away. Moorpark has traditionally called these uses “retail” and not “restaurant” for parking purposes, but this should be clarified in the code. P. 180: Section 2. We recommend adding “distilleries” to this section. Comment No. ___23 398 City of Moorpark Draft Zoning Code Review April 10, 2023 Page 6 of 6 P. 191: Parking lot landscaping. This section is vague. Should this be “equal to”? Does 2% make sense or is this just a made-up number? How does enclosed parking relate to requiring more landscaping? We recommend taking a closer look at this requirement. P. 194: Relief from parking requirements: We support this concept. We recommend “relief” be restated as “Consideration of alternative parking provisions”. “Relief” sounds like one must prove a hardship. We recommend also building alternative parking provisions into the Planned Development process for new projects. P. 210: Major Modification no longer exists. P. 276: Zoning Ordinance Amendment pre-screening. WE OPPOSE THIS REQUIREMENT. A DEVELOPER SHOULD BE ABLE TO PROPOSE A SPECIFIC PLAN OR ZONING ORDINANCE AMENDMENT WITH A PROJECT PROPOSAL, ESPECIALLY WITH THE ZONING ORDINANCE BEING SO NEW. THE PRE-SCREENING PROCESS WAS PUT IN PLACE BECAUSE A GENERAL PLAN ELEMENT CAN ONLY BE AMENDED FOUR TIMES PER YEAR, SO THEY WANTED TO BE ABLE TO BUNDLE THEM TOGETHER. P. 284: Permit Adjustment. We support broadening the allowable adjustments. We recommend adding small parking adjustments/reductions to this section. Should you have any questions regarding this letter, please do not hesitate to give me a call at (818)621-7619. I may also be e-mailed at jfiss@twlandplan.com. Sincerely, Joseph Fiss Director of Planning & Entitlements C: Travis Farrell Attachment: Zoning Code Mark-Up Comment No. ___23 399 From:Joseph Fiss To:Zoning; Travis Farrell Subject:Zoning Code Comments Date:Monday, April 10, 2023 4:30:06 PM Attachments:LETTER-TO MOORPARK ZONING CODE REVIEW-2023-04-10.pdf Zoning Code-Moorpark-JF Markup-2023-03-17.pdf Shanna On behalf of MB Plaza East LLC and MB Plaza West LLC (Mission Bell Plaza), we appreciate the opportunity to review and comment on the draft zoning code and development standards. We are pleased to submit the attached letter listing our comments, as well as a markup of the draft code. As we work through this process with City staff, we may have additional comments. Overall, we understand and appreciate the intent to modernize the code and create development standards applicable to brand-new categories. Please feel free to reach out to me if you have any questions or would like clarification of these comments. Just as an aside, we recommend not having the City Council Meeting scheduled for July 5, as many people are vacationing during the long Independence Day weekend. Warmest regards, Joe Fiss, MSOL Director of Planning and Entitlements TW LAND PLANNING & DEVELOPMENT, LLC Comment No. ___23 400 April 21, 2023 VIA ELECTRONIC MAIL (zoning@moorparkca.gov) City of Moorpark Community Development Department Attn: Shanna Farley 799 Moorpark Avenue Moorpark, CA 93021 Dear Ms. Farley: Broad Reach Power (Broad Reach) appreciates the opportunity to submit this comment letter on the City of Moorpark’s Draft Zoning Code update. Broad Reach is a leading U.S. utility-scale energy platform, which operates as independent power producer with a 21 gigawatt (GW) portfolio of utility-scale solar, wind, and energy storage power projects in Montana, Wyoming, California, Utah, and Texas. Broad Reach owns and operates energy storage projects in San Joaquin and Tuolumne Counties, and is actively developing energy storage projects throughout the state. (See https://broadreachpower.com/.) As the City may know, the State of California has recognized that advanced energy storage systems (ESS) play a critical role in expanding our ability to utilize renewable power to fulfill climate goals and to improve electrical system reliability. The California Energy Commission predicts the state needs to install more than 48 gigawatts (GW) of energy storage capacity to meet its 2045 zero net greenhouse gas (GHG) emission goal, and the California Public Utilities Commission seeks to add more than 28 GW of energy storage by 2035. For these reasons, Broad Reach applauds the City’s inclusion of “energy storage” as a defined use allowable with a conditional use permit (CUP) in the M-1 (Industrial Park), M-2 (Limited Industrial), I (Institutional), and I-F (Industrial Flex) zones in its Draft Zoning Code update. Broad Reach submits this comment letter, however, to advise the City against requiring that an “energy storage” use be required to locate “within a building (not within a storage container).” As described in more detail, below, requiring energy storage projects to locate within a building unnecessarily increases aesthetic, safety, and other environmental impacts, and would be contrary to how other early-acting jurisdictions have addressed ESS projects. It would also Comment No. ___24 401 City of Moorpark Community Development Department Page 2 unnecessarily drive up costs and run counter to how technological development is proceeding in the energy storage industry, which may drive away worthwhile projects. The “Energy Storage” Use in the Draft Zoning Code The City’s draft Zoning Code update would add “energy storage within a building (not within a storage container),” as a Public and Semi-Public Use in Table 17.20.060, which lists permitted uses in commercial and industrial zones. As noted above, the energy storage use would be allowed with a CUP in the M-1 (Industrial Park), M-2 (Limited Industrial), I (Institutional), and I-F (Industrial Flex) zones. The clarification that energy storage must be “within a building (not within a storage container),” may derive from Section 17.20.060 itself, which states that, “All uses, except for those specifically identified as outdoor uses, shall be operated within a building.” The draft Zoning Code update also would amend Section 17.08.010, “Application of definitions,” to define “energy storage” as follows: “‘Energy storage’ means a device or group of devices capable of storing energy for use at a later time. Energy storage devices may be referred to as batteries or other physical or chemical storage methods.” For the reasons set forth, below, Broad Reach recommends that the “energy storage” use in Table 17.20.060 be amended to read: “energy storage within a building (not within an all-weather storage enclosure or inside a building)” Increasing Aesthetic and Other Environmental Impacts Broad Reach understands that the City wishes to minimize potential aesthetic impacts associated with the energy storage use, however, requiring such projects to be located within a building will actually increase, not decrease, aesthetic impacts. As demonstrated by a recent zoning ordinance update approved by the City of Menifee, there are less obtrusive screening techniques that can accomplish the same goal with less impacts. Requiring an energy storage project to be enclosed in a building will increase the height, bulk, and scale of any such facility, which makes it more likely to be deemed incompatible with surrounding uses and more difficult to screen with landscaping and other more aesthetically pleasing visual aids. For example, infrastructure necessary to cool and protect the energy storage modules requires vertical clearance that significantly exceeds that necessary for the all- weather containers designed by the manufacturers. The City’s draft Zoning Code would trigger project applications that look like giant industrial warehouses, instead of projects that can be screened by a decorative wall and/or berm with attractive landscaping. Beyond magnifying aesthetic impacts, requiring energy storage to be placed inside buildings will also increase other environmental impacts. For example, doing so will dramatically increase the Comment No. ___24 402 City of Moorpark Community Development Department Page 3 impervious surface area of such projects, making it more difficult to mitigate storm water impacts. It will increase air quality and GHG emissions related to construction, operations, and decommissioning. And at the end of a project’s life, it will make it much more likely that the industrial building will determine how the site is reused in order to avoid significant costs to demolish the building and manage associated waste. This stands in contrast to decommissioning and reusing sites with all-weather enclosures—where much less is required to decommission the site and to allow for many different possible reuse scenarios. The City of Menifee’s recent amendment to its Development Code provides an example of how to mitigate aesthetic impacts from energy storage projects without requiring that they be placed inside a building. After a significant research effort, in October 2022, Menifee approved a zoning ordinance amendment that updated its Development Code to allow battery energy storage facilities in Business Park and Heavy Industrial zones with a conditional use permit (CUP). (See Exhibit 1, City of Menifee Ordinance No. 2022-356, also available at https://www.cityofmenifee.us/DocumentCenter/View/16209/Ordinance-No-2022-356- Development-Code-amendment-Battery-Storage?bidId=.) Relevant here, the Menifee Development Code adds Chapter 9.300, which identifies measures designed to minimize aesthetic impacts without requiring that ESS projects in the Heavy Industrial zone be located inside a building.1 (See Exhibit 1, Menifee Development Code, § 9.300.040, Development Standards.) Section 9.300.040 sets out a number of development standards designed to minimize aesthetic impacts. Projects visible from a public vantage point must be screened with a six (6) foot non- scalable, decorative and solid wall, with an anti-graffiti coating or equivalent component. The required setback areas outside of the perimeter walls shall be landscaped. In some cases, taller walls may be necessary for visual screening or sound attenuation requirements. To reduce the appearance of the taller walls and to improve screening, a slope or berm may be required. If equipment or appurtenances exceed the height of the perimeter walls, and thus cannot be sufficiently screened, an enclosure building up to fifteen (15) feet in height may be required. Projects not visible from the public may opt for wrought iron fencing instead of solid walls. (See Exhibit 1, Menifee Development Code, § 9.300.040, Development Standards.) Incorporating these common sense measures into the City’s draft Zoning Code update would allow energy storage projects to mitigate potential aesthetic impacts without triggering the more significant aesthetic and other environmental impacts that would arise by requiring the project be enclosed in a building. 1 Section 9.300.040(2)(g) requires that energy storage equipment be located in a building only in the Business Park zone. Menifee’s ordinance adopting the Development Code update suggests that this requirement was added to help preserve the character and development patterns already present in the City. (See Exhibit 1, Ordinance No. 2022-356, § 1 at p.2.) Comment No. ___24 403 City of Moorpark Community Development Department Page 4 Locating Energy Storage Close to Transmission Also Minimizes Environmental Impacts Southern California Edison’s (SCE) Moorpark Substation operates on the western edge of Moorpark in the M-2 (Limited Industrial) zone. The Moorpark Substation occupies a critical location on the grid where energy storage will be able to make a meaningful impact on network safety and reliability while allowing clean, renewable energy sources to continue to de- carbonize electricity production throughout the state. Industrially-zoned land adjacent to and in close proximity with the Moorpark Substation offers a viable pathway for energy storage to be favorably located with limited relative impact compared to that of other non-industrial, locations throughout the City that would require significant infrastructure in order to connect to the substation. The City should incentivize energy storage development adjacent to and in close proximity with the Moorpark Substation because doing so reduces environmental impacts associated with infrastructure necessary to interconnect to the grid. M-2 zoned properties on the City’s western edge are best positioned to interconnect with the Moorpark Substation while limiting interconnection infrastructure. Should the City choose to maintain the requirement that energy storage be located in buildings in some part of the City with M-2 zoning, it should exclude the M-2 zoned parcels on the City’s western edge to incentivize energy storage development as close as possible to the Moorpark Substation. Requiring Energy Storage in Buildings May Drive Away Energy Storage Projects Energy storage technology is developing at lightning speed, iterating much more rapidly than land use codes can be amended to keep up. Accordingly, it is important that the City consider future developments in the energy storage space when updating its Zoning Code to avoid having its Code be rendered obsolete the moment it is adopted. Most energy storage systems being procured and deployed today are in self-contained all weather enclosures (steel cabinets or containers), and the sites are surrounded by precast concrete masonry-like walls (or similar) with landscape buffers that match adjacent structures. This allows the project to be fully screened and maintain the architectural character of a modern industrial area, while at the same time facilitating state-of-the-art infrastructure and transmission design- and optimizing the maintenance, inspection and safety elements for each module. The trend in energy storage equipment development is strongly towards all-weather enclosures with lower profiles that store more energy in a safe and reliable manner. Energy storage manufacturers are moving away from equipment installation inside buildings because they require complex ventilation, heating and cooling, and fire suppression systems. Not only do such systems drive up design costs, but also they are more difficult to operate and maintain. These same protections are already present in the manufacturer’s design of the all-weather Comment No. ___24 404 City of Moorpark Community Development Department Page 5 enclosures and would be redundant in both cost and function. In addition, repair, replacement, and decommissioning of all-weather equipment is significantly easier and less expensive than similar systems deployed inside a building. Placing energy storage equipment inside a building also increases costs to build, operate, and maintain the building itself, along with increasing entitlement risk by increasing the environmental impacts of the project. For example, the treatment of a building enclosure for energy storage could trigger floor area ratio structural calculations and fees, and other building development criteria that are simply not relevant to the project function. Accordingly, if the City requires that energy storage projects be enclosed in a building in all zones in the City, it may unintentionally “price out” worthy projects that would otherwise benefit the City by providing tax revenue, jobs, community and public benefits, electrical reliability, demonstrable progress towards a lower GHG future. Conclusion Over the last few years of exponential growth in energy storage, a challenge for local jurisdictions and energy storage developers alike has been the lack of zoning to govern such projects. Local agencies throughout California are just starting to review General Plans and Municipal Codes to define the energy storage use. Broad Reach applauds the City for taking the initiative to fill this gap by updating its Zoning Code to include the energy storage use. To avoid unnecessary and contradictory restrictions on the energy storage use, however, the City should remove the requirement in its Zoning Code update that such systems exclusively be placed inside a building. Instead, Broad Reach asks that the City amend the “energy storage” use in Table 17.20.060 to read: “energy storage (within an all-weather enclosure or inside a building)” By making this change, the City will maintain flexibility to avoid unnecessary environmental impacts and be aligned with most manufacturer safety testing and standards. Further, the City of Menifee Development Code (see Exhibit 1) provides a timely and relevant example of how development standards can be used to mitigate anticipated aesthetic impacts through measures that avoid the height, bulk, and scale that a building must have to accommodate energy storage systems. Finally, if the City determines that locating energy storage in a building may still be desirable in some zones in the City, it should not apply that standard to the M-2 zone—in order to incentivize energy storage as close as possible to the SCE Moorpark Substation. Broad Reach appreciates the City’s attention to this letter, as we know the details of the Zoning Code update may have a significant impact on whether energy storage infrastructure will be feasible in Moorpark. Policies and development standards with the potential to delay or discourage the development of this critical infrastructure should be carefully considered. Comment No. ___24 405 City of Moorpark Community Development Department Page 6 Please do not hesitate to reach out to me at rrobin@broadreachpower.com for any additional information that would be helpful to you in the course of finalizing the Zoning Code update. Sincerely yours, Justin Amirault Executive VP of Development Renée L. Robin, J.D. Director of Permitting Attachment Comment No. ___24 406 EXHIBIT 1 City of Menifee, Ordinance No. 2022-356 Comment No. ___24 407 Comment No. ___24 408 Comment No. ___24 409 Comment No. ___24 410 Comment No. ___24 411 Comment No. ___24 412 Comment No. ___24 413 Comment No. ___24 414 Comment No. ___24 415 Comment No. ___24 416 Comment No. ___24 417 Comment No. ___24 418 Comment No. ___24 419 Comment No. ___24 420 Comment No. ___24 421 Comment No. ___24 422 Comment No. ___24 423 Comment No. ___24 424 Comment No. ___24 425 Comment No. ___24 426 Comment No. ___24 427 Comment No. ___24 428 Comment No. ___24 429 Comment No. ___24 430 From:Justin Amirault To:Zoning Cc:Douglas Spondello; Carlene Saxton; Shanna Farley; Renee Robin; Paul McMillan Subject:Comments to Draft Zoning Code - Energy Storage Date:Friday, April 21, 2023 4:25:50 PM Attachments:image001.png Draft Zoning Code Comments Broad Reach Power Energy Storage .pdf Shanna/Carlene/Doug, Thank you for the hospitality yesterday at the state of the city event. We enjoyed getting to meet more of the folks in the community and learn more about the opportunities/challenges ahead for the city. Please find attached our comments to the draft zoning language around energy storage. I know we have discussed the changes that we feel would be beneficial and hopefully this letter provides more clarity around some of the specifics of why we are suggesting the removal of the “within a building” concept for energy storage. Please don’t hesitate to reach out if you have any questions. We will gladly support you with additional information and/or attend the May meeting to help discuss this topic if at all helpful. We also can provide some examples of other visual screening methods that are often used on energy storage projects if helpful. Looking forward to working with you all. Regards, JUSTIN AMIRAULT EXECUTIVE VICE PRESIDENT, CORPORATE DEVELOPMENT he/him/his broadreachpower.com Broad Reach Power Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Comment No. ___24 431 Comment No. ___25 432 Comment No. ___25 433 Comment No. ___25 434 From:Kent Truckor To:Zoning Cc:Shanna Farley; Gabe Wapner Subject:Moorpark - Draft zoning comment submittal Date:Monday, April 24, 2023 6:38:24 AM Attachments:Hecate Grid Moorpark Zoning Code Update Comments 04.21.2023final.pdf Moorpark Community Development Department – please see attached Hecate Grid’s comments regarding the proposed zoning update. If any questions, please feel free to reach out. Thank you, Kent Kent Truckor Sr. Director, Development/Origination Hecate Grid Chicago IL 60661 Comment No. ___25 435 From:Patti Felker To:Zoning Cc:Douglas Spondello; nogeeksplsdorann@gmail.com Subject:Re: Resending comments for Zoning Code (see new attachments) Date:Wednesday, April 26, 2023 8:09:01 AM Thank you Shanna. I hope the City is in contact with Developers and Development Architects to come up with guidelines and language for the new zoning designations for Residential Development as well as Commercial and Industrial professionals. I believe they will be the City's best source for revising the zoning code effectively. Best, Patti From: Patti Felker <pforovista@aol.com> Sent: Monday, April 24, 2023 12:56 PM To: Douglas Spondello <DSpondello@MoorparkCA.gov>; Zoning <Zoning@MoorparkCA.gov> Cc: nogeeksplsdorann@gmail.com Subject: Resending comments for Zoning Code (see new attachments) Dear Doug and additional staff at the City of Moorpark, Please find attached my comments after reviewing much of the zoning code draft and attending many meetings hosted by the City of Moorpark. Many thanks for all of your efforts. If you have any questions please let me know. I am resending because the clarity when the City pages were copied wasn't good. Sorry for the inconvenience. Sincerely, Patti Felker Comment No. ___26 436 Comment No. ___26 437 Comment No. ___26 438 Comment No. ___26 439 Comment No. ___26 440 Comment No. ___26 441 Comment No. ___26 442 Comment No. ___26 443 Comment No. ___26 444 Comment No. ___26 445 From:D L To:Zoning; Douglas Spondello Subject:Zoning Updates Date:Monday, April 24, 2023 2:37:14 PM Attachments:ZoningDraftComments20230424 14282560.pdf Below are comments on the draft Zoning Code Page 15 Chapter 16.60 URBAN LOT SPLITS Add : There should be a streamlined process for having two unit developments on single family lots. Add: Applicant can request Urgn Lot splits with a 2 unit development on each newly created lot. ADU's count towards the 2 unit maximum per lot. With SB9 two unit developments not currently using the SB9 Lot Split, ADUs do not count towards a two unit maxximum. A property that chooses a two unit development without the Urban Lot Split may develop as many as 2 ADUs. Page 18 16.60.07 Delete last sentence restricting: A restrictive covenant shall be recorded on each lot created through an Urban Lot Split prohibiting further subdivision in perpetuity. Reason for this is the State and City laws could change. Parcels could be combined with other lots and or subdivided in the future with new uses. In perpetuity does not allow for City Zoning rules to adapt with the changing environment. There is no way identified to remove this restrictive covenant if it becomes necessary to do so. In addition under SB9 it is possible for an applicant to request and Urban Lot Split in combination with a 2 unit Development on each newly created lot. Page 33 High Fire Hazard areas "500 feet" needs to be redefined to reflect state rules and regulations Page 43 Setback including the Diagram. Needs modification so that structures can have some flexibility as to where they can be built on a lot.Would be a good idea to remove the diagram that shows every house built in the center of the lot in a block. ADD: Include and encourage Cluster development guidelines that allow for various housing types that include but not limit to zero lot lines, z lots, ADUs, Flag lots, courtyard style, duplexes, triplexes, single, tow and three story structures. Allow the development of properties over 10 units to have the flexibility and possibility of being quality product and quality design. Page 52 Item 17.16.40A. MODIFY to INCLUDE NL Neighborhood Low Residential Zone Page 84 Item 3-a,b,c and 4 a,b and 5-a,b is not consistent with the new zoning code being established. Table 17.24.020 Page 95 I have attached. For the R-1 R-2 R-3 There needs to be some flexibility. This table does not reflect the new densities within the new building codes for building and developing. The setbacks to not meet the state law for ADU's There needs to be written guidelines to allow cluster development. Z Lots- flag lots, courtyard styles, zero lot line, duplexes and other attached type product. The developers should be able to dictate product type and be given the flexibility to build for our community. Page 96 "Notes: Under Item J- nit development ADD Neighborhood Low 8 DU to the acre to this section. Page 96 Item 21 Reduced by 50%? Comment No. ___27 446 Page 96 Item 54 Delete last line "In no case............." Page 98 Delete 54. Sincerely, Dorann LaPerch Moorpark, CA Comment No. ___27 447 Comment No. ___27 448 Comment No. ___27 449 Comment No. ___28 450 zoning code comments Page: Note: 36. rear lot line deﬁnition is missing 38. mixed use horizontal should also include uses in separate buildings on the same property. 46. valve apparatus limited to gases only, not water or other liquid? 46. veterinary limited to small animals? 54. 17.16.100 Sites should be designed to be walkable, not buildings 54. with an additional story in height beyond the MUL to achieve project feasibility. 54. Strike A model for the redevelopment of underutilized commercial centers. 82. NZC is eliminated on 82, but still shows up in the tables 95. What is a TPD zone? In tables but nowhere else 95. where is the width of a culdesac (pie shaped) lot measured? 95. R1 min lot width and depth equals a 6000 s.f. lot, area required in the table is 6225 s.f.?. should be 6000 s.f. 95. R1 lot size minus setbacks does not equal 50% lot coverage: 6000 @ 50% = 3000 s.f., 6000 - setbacks = 3250 s.f. 96. Note 2: How much of the project needs to be affordable? Language should be tweaked to clarify that this will be determined in the agreement. 96. Note 4: add: Or minimum of 10’ horizontal offset between windows on adjoining lots. 99. C 1&2 language is confusing. Note 1 indicates Personal amenities equal to 100 s.f. per lot but then identiﬁes public uses. Then note 2 adds 15% of the entire project area for public uses. Assuming note 1 is for residents of a development, and note 2 is for the general public? Need to clarify. Also, very small projects (say 10 unit 3 story affordable housing apartment on a small inﬁll lot) still need to provide 15% of the entire lot area for public uses? This will kill the project. 100. D2 not feasible to have the storage adjacent to the unit in a carport. Also, providing a garage should eliminate the 100 s.f. requirement. Also 100 s.f. is absolutely excessive, it is the size of a bedroom, should be 100 cubic feet instead. This would be consistent with other jurisdictions in Ventura County. 100. D3. Should strike the uses of the patio. Most apartments (market rate and affordable) prohibit cooking on patio spaces Comment No. ___28 451 zoning code comments 100. D4. What constitutes infeasible in a new development? 100. E2. Is this even necessary any more? 100. E.5 Isn’t this overridden by state ADU codes? 101. E7 clarify in this instance what adjacent means. 113. why would you need a CUP to have additional ground ﬂoor commercial space in a mixed use building? 115. B.1. deﬁne what regulated means 115. B.1.ii equipment can be located but just not stored? (e.g. air conditioning condenser?) 115. B.2.i. make 42” minimum to be consistent with building code for guardrail height. 115. B.2.ii same as above 115. Fix formatting at Blank Wall Elevations 116. D.1.ii change “adjacent” to “facing” E.ii would an awning be considered an “accessory structure in this case? We should encourage awnings and trellises (as part of the building structure) to delineate building entrances 117. F.2 need to check with energy codes (California Title 24) about light transmission levels. 117. G roof access ladders by their nature are above parapet level 118. see residential features comments page 99 above 120.H yay! 120. I what if a market rate developer of a large project engages a non proﬁt affordable housing developer to construct and maintain all of the affordable housing in a different building on the same site? This is a common practice, especially as regards to affordable housing ﬁnancing. How are these items in I handled in this case? 122. note ii do we need this anymore? 188. 2.4 strike In no case may parking lot lighting be located in raised landscaped planters at the end of parking aisles. Not sure when this would occur. 189. C. Tandem parking should be allowed in multifamily residential if both spaces are assigned to the same unit. Comment No. ___28 452 zoning code comments 190. 17.32.70.C where is shade coverage requirement indicated? 191. E. Strike raised 191.F what about parking facilities wrapped by buildings? 193. ﬂag lot. Is the ﬂag portion of the lot 20’ wide, or is the access (driveway) 20’ wide? If the driveway was 10’ wide consistent with others, and the ﬂag was 20’ wide, it would allow landscaping on both sides of the driveway on a ﬂag lot. 194. 3 change to include: “fully screened from sideyard view by mature landscaping” 194. 6 keep this at 8’ otherwise the vehicle won’t be screened. There are very few RVs that are less than 6’ tall 196. 5. Conﬂicts with parking standards. Carports are already allowed per table on 177 207. D masonry walls OR landscape screens Comment No. ___28 453 From:Jeff Malone To:Shanna Farley Cc:John Sands Subject:FW: Zoning Code Comments - need attent on Date:Thursday May 11 2023 8:41:46 AM Attachments:image001.png image002.png image003 ng image004.png image177071.png image922208.png image419251.png image388598.png image154735 ng image248905.png Moorpark Proposed Development Standards Mod ficaitons.docx Hello Shanna Julia with William Hezmalhalch Architects has provided the attached that summarizes our previous comments to the zoning update. She has maintained the comments in a table format since our original comments were related to the development standards table. We hope this is helpful for your efforts in finalizing your staff report and apologize if this reaches you too late. Please feel free to reach out if you have any questions. Thank you. Jeff Malone PROJECT MANAGER E W TriPointeHomes.com Tri Pointe Homes Holdings, Inc. – CSLB License #1018637 2023 FORTUNE 100 BEST COMPANIES TO WORK FOR® 2022 FORTUNE BEST WORKPLACES FOR WOMEN™ BEST WORKPLACES FOR MILLENNIALS™ AND BEST WORKPLACES IN CONSTRUCTION™ 2021‑2023 GREAT PLACE TO WORK‑CERTIFIED™ COMPANY Hiring Greatness at Every Level This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate distribute or copy this e- mail. P ease notify the sender immediately by e-mail if you have received th s e-mail by mistake and de ete this e-mail from your system. E-mail transmiss on cannot be guaranteed to be secure or error-free as information could be intercepted corrupted lost destroyed arrive late or incomplete or contain viruses. The sender therefore does not accept liabil ty for any errors or om ssions in the contents of th s message which arise as a result of e-mail transmission. From Fortune. ©2023 Fortune Med a IP Limited All rights reserved. Used under icense. Fortune and Fortune Media IP Limited are not affi iated with and do not endorse products or services of Tri Pointe Homes. Comment No. 29 454 Proposed modifications to Table 17.24.020 R-1 Explanation Proposed Change E. Front yard and setback (in feet) Want to encourage “architecture forward” homes so that garages do not dominate the street scene. 20' to garage door, 10' to living space. J.Building and Structure height, maximum (in feet) R-1 consider 38', R-2- consider 3-story product- 40'. R-3 consider 4 or 5 story product. Heights need to be higher. 2-Story, 38’ R-2 Explanation Proposed Change B. Net lot area (in square feet unless noted) If R-2 is intended for attached or multi- family product, this is a bit confusing because chances are... lot area is going to be bigger. Maybe say "minimum" 6,500 (minimum) E. Front yard and setback (in feet) Clarify if this is from the property line. If attached housing, then ideally from property boundary 10’-15’ would be good. 20’ is a lot to take out for internal setbacks. 10’ (minimum) H. Rear yard setback (in feet) Consider dropping this to 10' if not adjacent to existing R-1 neighborhood. 10’ (minimum) except when adjacent to existing R-1 neighborhood. 15’ (minimum) when adjacent to existing R-1 neighborhood. I. Lot coverage, maximum (in percentage) Consider more when working on attached product. 60% J. Building and Structure height, maximum (in feet) R-1 consider 38', R-2- consider 3-story product- 40'. R-3 consider 4 or 5 story product. Heights need to be higher. 3-Story, 40’ Comment No. 29 455 R-3 Explanation Proposed Change B. Net lot area (in square feet unless noted) This should be re-examined. If R-3 is intended for attached or multi-family product, this is a bit confusing because chances are... lot area is going to be bigger. Maybe say "minimum" 6,500 (minimum) C. 1. Lot width (in feet) Likely the lot width is going to be larger for R-3 type of products. 60 (minimum) E. Front yard and setback (in feet) Consider qualifying this as the boundary for entire project not every single frontage along private streets. Hard to get the density if this is required within multi-family developments. However, if it is front setback from public right of way or along property line, then I would consider dropping this to 10 or 15. 10’ (minimum) H. Rear yard setback (in feet) Consider reducing this, especially if not adjacent to existing single family. 10’ (minimum) except when adjacent to existing R-1 neighborhood. 15’ (minimum) when adjacent to existing R-1 neighborhood. I. Lot coverage, maximum (in percentage) Consider more when working on attached product. 60% J.Building and Structure height, maximum (in feet) R-1 consider 38', R-2- consider 3-story product- 40'. R-3 consider 4 or 5 story product. Heights need to be higher. 4-Story, 45’ Comment No. 29 456 Comment No. ___30 457