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AGENDA REPORT 2023 0705 CCSA REG ITEM 08A
CITY OF MOORPARK, CALIFORNIA City Council Meeting of July 5, 2023 ACTION INTRODUCED ORDINANCE NO. 512. (ROLL CALL VOTE: 4-0, COUNCILMEMBER GROFF RECUSED) INTRODUCED ORDINANCE NO. 513. (ROLL CALL VOTE: 3-0, COUNCILMEMBERS CASTRO AND GROFF RECUSED) INTRODUCED ORDINANCE NO. 514. (ROLL CALL VOTE: 4-0, MAYOR ENEGREN RECUSED) INTRODUCED ORDINANCE NO. 515, AS AMENDED. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. A. Consider Ordinances Approving Zoning Amendment No. 2023-01 for a Zoning Code Update and Making a Determination of Consistency with the General Plan 2050 Program Environmental Impact Report Pursuant to the California Environmental Quality Act in Connection Therewith. Planning Commission Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinances Nos. 512, 513, 514, and 515: a) making a determination that the Zoning Code and Zoning Map Update is within the scope of the Program Environmental Impact Report for General Plan 2050 and no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) and b) approving Zoning Amendment No. 2023-01 adopting the Zoning Code Update for first reading, waive full reading, and place these Ordinances on the agenda for July 19, 2023, for purpose of providing second reading and adoption of the Ordinances. (Staff: Shanna Farley, Principal Planner) (ROLL CALL VOTE REQUIRED) Item: 8.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shanna Farley, Principal Planner DATE: 07/05/2023 Regular Meeting SUBJECT: Consider Ordinances Approving Zoning Amendment No. 2023-01 for a Zoning Code Update and Making a Determination of Consistency with the General Plan 2050 Program Environmental Impact Report Pursuant to the California Environmental Quality Act in Connection Therewith BACKGROUND On January 15, 2020, the City Council initiated a comprehensive update to the City’s General Plan. 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 which included significant community input in public meetings, workshops, and through the work of the General Plan Advisory Committee (GPAC). A Vision Statement was developed by the GPAC, Planning Commission, and City Council to describe the goal for the City of Moorpark in the year 2050. 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 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 Item: 8.A. 1 Honorable City Council 07/05/2023 Regular Meeting Page 2 the density and intensity of these uses. While the Land Use Element and Land Use Map, set 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. 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 individual 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. In 2022, staff began Zoning Ordinance Amendment No. 2023-01 (referred to herein as the Zoning Code Update) which includes updates to the Zoning Map (Attachment 10, Exhibit A) and Zoning Code (Code) (Attachment 10, Exhibit A) 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 a jurisdiction. The Zoning Code Update has been prepared to implement the goals and policies of General Plan 2050 and its Land Use Element. State law requires that the Zoning Code and Zoning Map are 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 maintain consistency. Based on the comprehensive nature of General Plan 2050 and introduction of new land use types (including Mixed-Use), revisions to the Zoning Code and Zoning Map are required to ensure future development aligns with the General Plan. City Council Study Session On May 17, 2023, the City Council held a Study Session to consider the Draft Zoning Code Update. At the meeting, four members of the public provided comments on the proposed changes. During the Study Session, the City Council provided the following recommendations on proposed amendments to the Code: 1) the City Council should retain approval authority over Mixed-Use Planned Development Permits; 2) the maximum height allowed by-right in mixed-use Zones should be revised to 40 feet and no more than three stories; 3) inclusionary housing development standards should be less prescriptive so as to not be overly burdensome; 4) parking waivers for shared or offsite parking should not require a traffic study; 5) clarify animal calculations; and 6) remove proposed changes related to open house signs. Following the Study Session, staff incorporated the suggested revisions into the Draft Zoning Code (Attachment 10, Exhibit B) made by the City Council and made other minor revisions, based on comments made by the public which were in line with the General Plan 2050. 2 Honorable City Council 07/05/2023 Regular Meeting Page 3 Planning Commission On June 22, 2023, the Planning Commission held a public hearing and considered Zoning Code Amendment No. 2023-01 and its consistency with the General Plan 2050 Program EIR. A Supplemental Agenda Report was provided to the Planning Commission prior to the hearing which included minor recommended changes to the Draft Zoning Code and included five additional comment letters submitted after the publication of the Agenda Report on June 16, 2023. All public comments submitted prior to the publication of this report are included as Attachment 1. Five individuals provided comments at the hearing. Individual comments at the hearing included: 1) a request to consider local union labor on construction projects; 2) two requests that battery storage facilities be screened by landscaping, berms, or walls rather than in a building; 3) a request to consider revisions to development standards for the MUD Zone be revised to allow drive-through restaurants, to remove requirement for publicly accessible open space, and to allow additional stories in cases where height is allowed to increase up to 60 feet; and 4) concerns related to wildlife crossings of local roadways and light pollution. During deliberation, the Planning Commission discussion focused on topics related primarily to specific development standards associated with Mixed-Use Zones, including height, setbacks, publicly accessible open space, and prohibition of drive-through restaurants. In addition, the Planning Commission discussed proposed requirements for inclusionary housing units, prohibition of tandem parking, screening of energy storage facilities (also referred to as battery storage), temporary raising or keeping of animals (4-H, Grange, etc.), and properties Zoned C-OT in the Downtown. The Planning Commission reached consensus on a variety of the topics, which are outlined further in this report. Following deliberation, the Planning Commission adopted Resolutions Nos. PC-2023-692 (Attachment 3), PC-2023-693 (Attachment 4), PC-2023-694 (Attachment 5), PC-2023- 695 (Attachment 6), and PC-2023-696 (Attachment 7), finding the Zoning Code Amendment No. 2023-01 consistent with the environmental analysis prepared as part of the General Plan 2050 Program EIR pursuant to the California Environmental Quality Act (CEQA) and recommending that the City Council approve Zoning Code Amendment No. 2023-01, including revisions to the Draft Zoning Code, as outlined in Resolution No. PC- 2023-696 (Attachment 7). DISCUSSION The Zoning Code Update includes amendments to the Zoning Code language and the Zoning Code Map. The discussion below highlights the significant changes to both documents, beginning with a discussion on the changes to the Zoning Map, which include new and combined zoning designations, and then proceeds to outline notable textual changes in the Zoning Code. Zoning Map The Draft Zoning Map (Figure 1 and Attachment 10, Exhibit A) implements the land use designations of the adopted General Plan 2050 Land Use Map, aligning the Zoning 3 Honorable City Council 07/05/2023 Regular Meeting Page 4 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 2). Figure 1: Draft Zoning Map New Zones The most significant change to the City’s Zoning designations is the creation of several new Zones. 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). Additional amendments include 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). In the current Zoning Map, due to individual 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. For this reason, it is recommended that the existing RPD designations be consolidated within the five residential Zones listed above and shown on Figure 1. Additionally, the existing Open Space (O-S) and Planned Community (PC) designations used for open space and parks are also proposed to be consolidated into two O-S designations. The proposed zoning map is included as Attachment 10, Exhibit A. 4 Honorable City Council 07/05/2023 Regular Meeting Page 5 Attachment 2 shows the relationship between each land use designation in the General Plan 2050, the corresponding proposed Zone, the proposed density of residential Zones, and 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 (Figure 1). 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, including: Mission Bell Plaza, Moorpark Town Center on Los Angeles Avenue, Campus Plaza at the intersection of Collins Drive and Campus Park Drive, and 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 (Attachment 10, Exhibit B). 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. 5 Honorable City Council 07/05/2023 Regular Meeting Page 6 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. The proposed standards for mixed- use are outlined in Table 17.24.055 and subsequent sections of the proposed Zoning Code (Attachment 10, Exhibit B). Development standards for the new mixed-use Zones have been developed in line with the guidance received through the preparation of General Plan 2050 and community outreach as part of the Zoning Code update. The Industrial Flex Zone (I-F) 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 (Attachment 10, Exhibit B). 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. The Draft Zoning Map includes an update to simplify residential Zoning designations throughout the City, as described in more detail above. Below is a summary of the purpose of the residential zoning designations, as included in the proposed Zoning Code Chapter 17.16 “Purpose of Zones” (Attachment 10, Exhibit B). 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) Following the Planning Commission hearing on June 22, 2023, three parcels were identified on the Draft Zoning Map that are proposed to be further revised to be consistent with the adopted General Plan 2050 Land Use Map. The three parcels were identified with the Public Land Use designation on the Land Use Map, noted in Figure 3. The consistent Zoning designation for the Public Land Use designation is Institutional and Open Space, as identified on the Zoning correspondence table (Attachment 2). Parcels No. 5110190275 and 5110190265 are parcels owned by the Ventura County Watershed Protection (Flood Control) District and are currently used for a drainage basin, which is a use consistent with the Institutional Zone. Parcel 5110020235 is a parcel owned by the Boys and Girls Club and used for a youth facility, which is also consistent with the Institutional Zone. These revisions are incorporated into the Draft Zoning Map (Attachment 10, Exhibit A). 6 Honorable City Council 07/05/2023 Regular Meeting Page 7 Figure 3 – Revised Zoning Map Changes Parcel Land Use Designation Previously Proposed Zone Revised Proposed Zone 5110190275 Public (PUB) Agriculture Exclusive (A-E) Institutional (I) 5110190265 Public (PUB) Agriculture Exclusive (A-E) Institutional (I) 5110020235 Public (PUB) Rural exclusive (R-E) Institutional (I) Notable Code Changes The Zoning Code Update includes a variety of changes. This report will focus on the most significant changes proposed. Each section below will also describe significant revisions to the original draft which were revised to produce the proposed Revised Draft Zoning Code Update (Revised Draft) (Attachment 10, Exhibit B). Permit Process, Thresholds, and Streamlining Zoning Code Section 17.44.040.C (Attachment 10, Exhibit B) outlines the permit requirements for a Planned Development (PD) Permit, which is a discretionary permit required for certain new development. 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 Residential, Commercial, and Industrial PD permits, unless the PD permit is appealed to the City Council. Mixed-use PD permits would continue to require review by the Planning Commission and City Council for all new or converted mixed-use projects. On May 17, 2023 at the Zoning Code Study Session, the City Council recommended that the City Council maintain their decision authority on mixed-use projects, since the mixed-use designation is new to the City. The City Council would continue to review legislative requests that would include amendments to the General Plan, Zoning Code or would require a Development Agreement. 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 thresholds would typically require an Administrative Permit (AP) considered by the Community Development Department (CDD) Director. The table below (Figure 4) summarizes the proposed changes to PD permit thresholds. Figure 4 - Proposed Permit Thresholds Table 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 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 7 Honorable City Council 07/05/2023 Regular Meeting Page 8 process such requests. This streamlined process is proposed alongside clear and objective development standards included in the Zoning Code. This adjustment will streamline permit review and incentivize small-scale or infill investment throughout the City. The proposed changes address various priorities identified in the General Plan 2050, including permit streamlining. The proposed changes would allow the public, developers, and decisionmakers a more streamlined review process, which would reduce costs and provide a clearer path to discretionary permits. In addition, the Zoning Code Update includes objective and clear development standards for all Zones, therefore this clarity warrants a more streamlined review process. Permit Required Adjustments are proposed to limit the types of discretionary permits required by the Planning Commission. For example, Conditional Use Permits (CUP) require consideration by the Planning Commission and Administrative Permits (APs) require review by the CDD Director. Based on comments from the Planning Commission, applicants, and public and in consideration of permit practices in nearby communities, some uses which currently require a public hearing are proposed to be adjusted to AP to be reviewed by the CDD Director. Use tables in Sections 17.20.050-17.20.070 (Attachment 10, Exhibit B) indicate the proposed changes to permit types. The proposed changes provide flexibility by allowing a broader range of uses without the need for individual review, while maintaining a requirement for elevated review (Planning Commission) of land uses that have potential adverse impacts or require additional discretion. Development Standards The proposed development standards are outlined in Chapter 17.24 Development Requirements (Attachment 10, Exhibit B). The most significant new development standards are associated with the mixed-use zones, where criteria are included to guide the form and layout of structures on a three- dimensional level. The proposed mixed-use development standards allow for flexibility to address a mix of commercial and residential units on the same lot or within the same building. The development standards include minimum and maximum floor area ratio, residential 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. On May 17, 2023, the City Council recommended that the maximum height allowed in Mixed-use Zones be revised to 40 feet and no more than three stories. The Zoning Code Update will maintain the existing maximum 35 foot height in all other residential Zones and will continue to allow for heights to increase up to 60 feet in Commercial Office [C-O], Neighborhood Commercial [C-1], Old Town Commercial [C-OT], General Commercial 8 Honorable City Council 07/05/2023 Regular Meeting Page 9 [C-2], Commercial Planned Development [CPD], Industrial Flex [I-F], Industrial Park [M-1], Limited Industrial [M-2], Institutional [I], MUL, MUM, and MUD Zones with an approved CUP. Staff has proposed the inclusion of required findings for projects that would request a CUP for a height increase, shown in Section 17.44.040.D(8) of Attachment 10, Exhibit B. Development standards are also proposed for the new I-F Zone (Section 17.24.035, Attachment 10, Exhibit B). These standards are similar to the two existing industrial Zones. The proposed revisions to the residential Zone standards begin in Section 17.24.020 (Attachment 10, Exhibit B). 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 Land Use Element. Revisions to the minimum lot area are proposed in the R-E Zones. Staff considered several comments made by the public which indicated that development standards in R-1, R-2, and R-3 Zones were overly restrictive considering the Zones allow for a mix of residential uses and densities between eight and 32 dwellings per acre. Therefore, staff proposes minor adjustments to the minimum lot area, lot width, lot depth and lot coverage in R-1, R-2, and R-3 Zones. Projects located within these Zones may develop multi-family developments within these Zones, which may result in larger lots for apartments or condominium or the incorporation of smaller detached subdivisions which would be required to comply with the reduced lot requirements. All new projects will be required to meet the objective development standards identified in 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 certain types of development. This flexibility, although desirable, is no longer consistent with State Law. For example, Senate Bill 330 requires that housing development projects be reviewed against objective design standards which prohibits jurisdictions from imposing standards which require interpretation. Therefore, the Zoning Code establishes objective development standards which must be met by a project to be approved. The Planning Commission, on June 22, 2023, recommended that the following development standards be revised as follows: • Revision to Table 17.20.060 (E)(8) to clarify the intent to require that Energy Storage Facilities shall be fully screened from public view, rights-of-way, and adjacent properties, but not mandated to be within a building; • Revision to Table 17.24.055 Footnote 3 to remove the limitation of three stories while maintaining a maximum height of 60 feet; and, 9 Honorable City Council 07/05/2023 Regular Meeting Page 10 • Revision to Sections 17.24.025 and 17.24.055 to not require onsite publicly accessible recreational facilities equal to at least 15% of the project lot area for lots less than 20,000 square feet. Included along with the above recommended modifications to the Draft Zoning Ordinance, the Planning Commission action included other minor revisions to the Draft Zoning Ordinance, as described fully in Resolution No. PC-2023-696 (Attachment 7). Following the Planning Commission hearing on June 22, 2023, the following revisions (Figure 5) were incorporated into the Draft Zoning Code Update Sections 17.24.025(C)(2) and 17.24.060(J)(2) associated with development standards for residential developments, consisting of 10 or more units (Attachment 11, Exhibit B). Figure 5 - Revisions to Section 17.24.025(C)(2) and 17.24.060(J)(2) Inclusionary Housing Currently, the City requires affordable housing as part of a Development Agreement. Otherwise, projects that otherwise comply with the City Zoning Code would not be required to develop affordable housing units. On February 15, 2023, the City Council adopted the 2021-2029 Housing Element (Housing Element). The Housing Element outlines the City’s housing needs, goals, and objectives of meeting the communities housing needs for all income levels. The Housing Element also identifies regulatory requirements associated with planning and encouraging future housing within the community, as well as many housing related programs. Program 5 of the Housing Element requires that 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 fee study is expected to be completed by Fall 2023. The Zoning Code Update includes a new development requirement, outlined as Code Section 17.24.065 (Attachment 10, Exhibit B) which addresses the Inclusionary Housing requirement outlined in the Housing Element. The proposed requirement would establish 10 Honorable City Council 07/05/2023 Regular Meeting Page 11 the minimum affordable housing requirement for certain residential development projects. Figure 6 is a table showing the proposed calculation of affordable housing units, based on the number of proposed housing units. Figure 6 – Inclusionary Unit Table During the City Council Study Session, the City Council recommended that the following changes to the development standards for inclusionary housing units be revised, as shown in Figure 7, included in Section 17.24.065 (Attachment 10, Exhibit B). The Council discussed that the proposed development standards would be difficult to achieve considering the variety of housing projects that may be proposed and that the requirements should be modified so that the construction of affordable housing units is not unduly burdensome. 11 Honorable City Council 07/05/2023 Regular Meeting Page 12 Figure 7 – Standards of Inclusionary Units 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 (Attachment 10, Exhibit B) 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. 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. The City Council recommended at the Study Session that a report prepared by a traffic engineer was too burdensome for a request for shared parking, therefore, the Revised Draft requires justification by an applicant for consideration of shared parking arrangements. The proposed parking relief section would allow the decisionmaker to consider a parking study prepared by a professional traffic engineer, for compact parking spaces and a decrease in the number of parking spaces required, to ensure requested parking relief is consistent with required guidelines and consistent with other standard practices. Definitions The Draft Zoning Code includes modifications to defined terms in Chapter 17.08. Deleted terms are those that are not used 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 12 Honorable City Council 07/05/2023 Regular Meeting Page 13 Zoning Code terms are consistent with such requirements. Included in the Revised Draft are a variety of minor edits to housing related definitions and uses which are required by State Law and to implement the City’s recently adopted Housing Element. The revised text is associated with the following terms or uses included in Section 17.08.010: emergency shelter, transitional housing, permanent supportive housing, by-right housing types, factory-built housing, manufactured housing, residential care facilities, community care facilities, and employee housing. 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” (Attachment 10, Exhibit B) in response to community input received during the General Plan 2050 update. Figure 8 below summarizes the proposed changes for the keeping of animals. On May 17, 2023, the City Council recommended that the format of the number of animals allowed per lot be simplified. Additionally, a change to the animal keeping section was recommended by City Council, which included clarification on the development standards related to the keeping of bees and other animals throughout the City. At the May 17, 2023, meeting, staff clarified that more comprehensive changes to the animal keeping requirements would need to be brought forth, as a separate action, in the future to conduct comprehensive review of the animal keeping section, to provide specific analysis related to future changes and would include public outreach. Figure 8 – Changes to Animal Keeping Requirements 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, by 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 17.28.030(B) Apiculture (Keeping of Bees) 13 Honorable City Council 07/05/2023 Regular Meeting Page 14 Zoning Code Section Proposed Code Language Table 17.28.030(B) Equine, bovine, or cleft-hoofed animals Table 17.28.030(B) Chickens, ducks, and game hens Table 17.28.030(B) Small animals kept as pets Administrative Clarifications The Draft Zoning Code includes a variety of “clean-up” changes to address duplication, redundancy, and discrepancies throughout 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, 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. Additionally, following the City Council Study Session on May 17, 2023, a small number of minor revisions were incorporated to clarify and correct text. All such revisions are highlighted in yellow in Planning Commission Resolution No. PC-2023-696 (Attachment 7). GENERAL PLAN CONSISTENCY The Zoning Code Update has been prepared to implement the new goals and policies identified in the General Plan 2050. The proposed Zoning Code Update was prepared to include adopted changes to the Land Use Element which included new land use types including mixed-use and industrial flex, related development standards and densities and to address several standards outlined in the Housing Element related to housing development, permit process, and inclusionary housing. Therefore, the proposed Zoning Code Update is consistent and implements the objectives of the General Plan 2050. 14 Honorable City Council 07/05/2023 Regular Meeting Page 15 PUBLIC COMMENTS AND REVISIONS Between March 10 and April 24, 2023, the City invited public review and comment on the first public draft of the Zoning Code Update. On March 21, 2023, the City hosted a Zoning Code Update Workshop for presentation and discussion of the proposed updates. City staff provided 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. Staff received a variety of comments from the public, which were presented to the City Council on May 17, 2023, at a Zoning Code Update Study Session. Following the Study Session, staff considered suggestions from the City Council (described earlier in report) and the public. Staff has incorporated a variety of recommended revisions into the Revised Draft. In order to provide transparency, the Revised Draft shows the original Draft Zoning Code edits in red strike through and blue underline to indicate deleted and added text and shows newly revised text with the addition of a yellow highlight to revised text. On June 9, 2023, staff posted the Revised Draft to the City website and sent emails to stakeholders to inform them of the release of the Revised Draft. On June 22, 2023, the Planning Commission held a hearing and considered the Revised Draft. Five members of the public provided comments on the Revised Draft at the hearing. The Planning Commission, as earlier described, made recommendations to further revise the proposed Draft Zoning Code. Prior to the publication of the City Council Agenda on June 30, 2023, a total of 43 comments have been received to date and are incorporated as Attachment 1. PUBLIC NOTICING Providing the public with notice and the ability to meaningfully participate has been important to the process of updating the Zoning Code. Previously, email and website communications regarding the public review period for the draft Zoning Code Update was distributed prior to the release of the public review period starting on March 10, 2023. Additionally, the City Council held a Study Session on the draft document on May 17, 2023. On June 9, 2023, the Revised Draft was published online to allow public review ahead of the publication of this report. Staff has also provided regular updates by email to a list of stakeholders. Staff has provided the required noticing associated with the Zoning Code Update hearing in accordance with State Law. This included a 1/8-page notice of public hearing published 15 Honorable City Council 07/05/2023 Regular Meeting Page 16 in the Ventura County Star on June 23, 2023. Supplemental notification was also posted on the City website and sent in emails to stakeholders. ENVIRONMENTAL DETERMINATION The Planning Commission has determined that the Zoning Code Update relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050 Update (incorporated by reference). On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for the General Plan 2050. A Notice of Preparation and Program EIR was prepared in coordination with the General Plan Update. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050 that was prepared pursuant to the requirements of the 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 implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. Therefore, the impacts associated with the proposed changes are directly in line with the scope of those analyzed by the Program EIR and are found consistent and conforming to the General Plan 2050, therefore the proposed amendments to the Zoning Code and Zoning Map are within the scope of the Program EIR for the General Plan 2050. Future projects may warrant further analysis of their impacts on the environment which are not found consistent with the analysis prepared in the Program EIR. FISCAL IMPACT No fiscal impacts are directly associated with the adoption of the Zoning Code Update. Fiscal impacts associated with the implementation actions recommended in the Zoning Code Update will be assessed as each item is brought forward for consideration. CITY COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive, however, supports the implementation of the General Plan 2050. 16 Honorable City Council 07/05/2023 Regular Meeting Page 17 PLANNING COMMISSION RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Open the public hearing, accept public testimony, and close the public hearing; and 2. Introduce Ordinances Nos. ___, ___, ___, and ___: a) making a determination that the Zoning Code and Zoning Map Update is within the scope of the Program Environmental Impact Report for General Plan 2050 and no further environmental review is required pursuant to the California Environmental Quality Act (CEQA) and b) approving Zoning Amendment No. 2023-01 adopting the Zoning Code Update for first reading, waive full reading, and place these Ordinances on the agenda for July 19, 2023, for purpose of providing second reading and adoption of the Ordinances. Attachment 1: Public Comments Received by June 30, 2023 Attachment 2: Zoning Correspondence Table Attachment 3: Planning Commission Resolution No. PC-2023-692 Attachment 4: Planning Commission Resolution No. PC-2023-693 Attachment 5: Planning Commission Resolution No. PC-2023-694 Attachment 6: Planning Commission Resolution No. PC-2023-695 Attachment 7: Planning Commission Resolution No. PC-2023-696 Exhibit A: Zoning Ordinance Amendment Map Exhibit B: Zoning Ordinance Amendment Text Attachment 8: Draft Ordinance No. ____, including: Exhibit A: Zoning Ordinance Amendment Map Exhibit B: Zoning Ordinance Amendment Text Attachment 9: Draft Ordinance No. ____, including: Exhibit A: Zoning Ordinance Amendment Map Exhibit B: Zoning Ordinance Amendment Text Attachment 10: Draft Ordinance No. ____, including: Exhibit A: Zoning Ordinance Amendment Map Exhibit B: Zoning Ordinance Amendment Text Attachment 11: Draft Ordinance No. ____, including: Exhibit A: Zoning Ordinance Amendment Map Exhibit B: Zoning Ordinance Amendment Text INCORPORATED BY REFERENCE General Plan 2050 and Final Program Environmental Impact Report (State Clearinghouse No. 2022050327) - https://www.moorparkca.gov/212/General-Plan Zoning Ordinance Amendment Text, with tracked changes- https://www.moorparkca.gov/1150/Zoning-Code-and-Map-Update 17 ATTACHMENT 1 Public Comment Summary (Received on or before June 30, 2023) 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 31.Joseph Fiss (on behalf of Mission Bell Plaza) 32.Renee Robin, Broad Reach Power 33.Kent Truckor, Hecate Grid 34.Marco Vujicic 35.Tabitha Knaub Walker, Walking West Spirits Company 36.Joseph Fiss (on behalf of Mission Bell Plaza) 37.Taylor Johnson, City Ventures 38.Ashley Seery 39.Theresa Brady 40.Dorann LaPerch 41.Renee Robin (Broad Reach Power) 42.Jeff Malone (TriPointe Homes) 43.Reza Bonachea Mohamadzadeh for Mitchell M. Tsai 18 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 19 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 20 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 21 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 22 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 23 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 24 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 25 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 26 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 27 28 29 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 30 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 31 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 32 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 33 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 34 35 Comment No.17 36 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 37 Comment No.18 38 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. 39 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 40 Comment No.20 41 Comment No.20 42 Comment No.20 43 Comment No.20 44 Comment No.20 45 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 46 Comment No.22 47 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 48 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 49 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 50 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 51 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 52 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 53 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 54 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 55 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 56 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 57 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 58 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 59 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 60 EXHIBIT 1 City of Menifee, Ordinance No. 2022-356 Comment No. ___24 61 Comment No. ___24 62 Comment No. ___24 63 Comment No. ___24 64 Comment No. ___24 65 Comment No. ___24 66 Comment No. ___24 67 Comment No. ___24 68 Comment No. ___24 69 Comment No. ___24 70 Comment No. ___24 71 Comment No. ___24 72 Comment No. ___24 73 Comment No. ___24 74 Comment No. ___24 75 Comment No. ___24 76 Comment No. ___24 77 Comment No. ___24 78 Comment No. ___24 79 Comment No. ___24 80 Comment No. ___24 81 Comment No. ___24 82 Comment No. ___24 83 Comment No. ___24 84 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 85 Comment No. ___25 86 Comment No. ___25 87 Comment No. ___25 88 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 89 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 90 Comment No. ___26 91 Comment No. ___26 92 Comment No. ___26 93 Comment No. ___26 94 Comment No. ___26 95 Comment No. ___26 96 Comment No. ___26 97 Comment No. ___26 98 Comment No. ___26 99 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. ___27 100 Page 96 Item 54 Delete last line "In no case............." Page 98 Delete 54. Sincerely, Dorann LaPerch Moorpark, CA Comment No. ___27 101 Comment No. ___27 102 Comment No. ___27 103 Comment No. ___28 104 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. ___28 105 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. ___28 106 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. ___28 107 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. 29 108 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. 29 109 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. 29 110 Comment No. ___30 111 Comment No. 31 112 113 114 k VIA ELECTRONIC MAIL (zoning@moorparkca.gov) To: City of Moorpark, Community Development Department Aten�on: Shanna Farley, Doug Spondello, From: Broad Reach Power; Renee Robin, Paul McMillan Jus�n Amirault Date: June 12, 2023 Re: Requested Amendment to Dra� Zoning Code re Energy Storage Broad Reach Power respec�ully requests that the City of Moorpark amend its current dra� zoning code related to the building design requirements for energy storage projects. We would appreciate this amendment to be considered at the Planning Commission mee�ng on June 22, 2023. As detailed in our Leter to the City on April 21 2023, a requirement to exclusively require energy storage projects to be located within a building would be detrimental to the City ’s goals. This would unnecessarily increase aesthe�c, safety, and other environmental impacts, and would be contrary to how other early-ac�ng jurisdic�ons have addressed energy storage projects. We believe that alterna�ve proven measures to protect the aesthe�c character of a project area should be allowed under the proposed code. Requested to the Dra� Zoning Code: For the reasons set below and in our leter of April 24, 2023, Broad Reach respec�ully requests that the “energy storage” use in Table 17.20.060 be amended to read: “energy storage within a building or within an all-weather storage enclosure screened from public view.” The City’s dra� Zoning Code update currently is proposed to 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 permited uses in commercial and industrial zones.” We re spectfully suggest this is NOT an appropriate mandate for battery storage projects. Energy storage use would be allowed with a CUP in the M-1 (Industrial Park), M-2 (Limited Industrial), I (Ins�tu�onal), and I-F (Industrial Flex) zones. The clarifica�on that energy storage must be “within a building (not within a storage container),” may derive from Sec�on 17.20.060 itself, which states that, “All uses, except for those specifically iden�fied as outdoor uses, shall be operated within a building.” We believe that Energy Storage should not be bound to exclusively this development standard so long as visual screening of the batery storage is required and approved by the City. Comment No. 32 115 City of Moorpark Community Development Department Page 2 Increasing Aesthe�c and Other Environmental Impacts Broad Reach understands that the City wishes to minimize poten�al aesthe�c impacts associated with the energy storage use, however, requiring such projects to be located within a building will actually increase, not decrease, aesthe�c impacts. As demonstrated by many recent projects and other local ordinances, there are less obtrusive screening techniques that can accomplish the same goal with less impacts. Projects that can be screened by a decora�ve wall and/or berm with atrac�ve landscaping. This is more than adequate because the energy storage equipment is approximately 8 to 10 feet in height. If wall/façade and landscaping plans are pre-approved, the City can assure the aesthe�c quality of the perimeter and views. 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 incompa�ble with surrounding uses and more difficult to screen with landscaping and other more aesthe�cally pleasing visual aids; •A larger building to enclose the facility would add mass and height that is not necessary to screen the project. This is also par�cularly applicable when a project is immediately adjacent to a substa�on. •Increases impervious surface area of such projects, making it more difficult to mi�gate storm water impacts; •Increase air quality and GHG emissions related to construc�on, opera�ons, and decommissioning. •The City of Menifee’s recent amendment to its Development Code adds Chapter 9.300, which iden�fies measures to minimize aesthe�c 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.) The City can include a number of development standards designed to minimize aesthe�c impacts. These include: •Projects visible from a public vantage point must be screened with a six (6) foot non-scalable, decora�ve and solid wall, with an an�-graffi� coa�ng or equivalent component. •Require setback areas outside of the perimeter walls to be landscaped. •Where taller walls may be necessary for visual screening or sound atenua�on requirements, a slope or berm may be required. •Projects not visible from the public may opt for wrought iron fencing instead of solid walls. Incorpora�ng these common sense measures into the City’s dra� Zoning Code update would allow energy storage projects to mi�gate poten�al aesthe�c impacts without triggering the more significant aesthe�c and other environmental impacts that would arise by requiring the project be enclosed in a building. Sample Visual Simula�ons Atached: 116 City of Moorpark Community Development Department Page 3 City of Corona Visual Simula�on Example: Before: After Other examples to follow 117 Comment No. 33 118 Hecate Grid LLC Chicago, IL 60661 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.” Hecate Grid 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)” A building enclosure increases Aesthetic and Other Environmental Impacts Hecate Grid 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 would increase, not decrease, aesthetic impacts due to the size and scale of the building envelope required in comparison to the current state of BESS technology that is low profile and designed for all weather applications. As demonstrated by a recent zoning ordinance update approved by the City of Menifee, there are less impactful screening techniques that can accomplish the same goal as illustrated below. Constructing a building will require substantially more infrastructure than what is required to operate and integrate current and future BESS technology with the surrounding area and subsequently would have a larger visual and environmental impact. 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 a building. 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 BESS projects in the Heavy Industrial zone be located inside a building. 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 119 Hecate Grid LLC Chicago, IL 60661 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.) Please see Exhibit A for an example of screening for a BESS installation. Locating BESS Close to Existing SCE Moorpark Substation Minimizes Environmental Impacts Southern California Edison’s (SCE) Moorpark Substation in the M-2 (Limited Industrial) zone serves a critical role on the grid. The addition of energy storage at this location will further support network safety and reliability while enabling clean energy sources to continue to de- carbonize electricity production. Permitting energy storage development on industrial zoned land near the Moorpark Substation aligns with the City of Moorpark’s development goals while further supporting local and regional grid reliability, resiliency, and clean energy sources. Should the City choose to maintain the requirement that energy storage be located in buildings, it should exclude the M-2 zoned parcels near the Moorpark Substation to incentivize energy storage development near the substation. Conclusion Hecate Grid supports the City of Moorpark’s initiative to update its Zoning Code to include the use of energy storage; a critical tool for grid reliability and climate goals. However, the City should remove the requirement in its Zoning Code update that such systems exclusively be placed inside a building. Instead, the City should amend the “energy storage” use in Table 17.20.060 to read: “energy storage (within an all-weather enclosure or inside a building)” Through this change, the City will maintain flexibility to avoid additional environmental impacts and general practices that run counter to how BESS technology is advancing. Hecate Grid appreciates the work and effort in updating the Zoning code to meet the current and future needs of the City of Moorpark and is available should any additional information be needed. Sincerely, Kent Truckor Hecate Grid LLC CC: Gabe Wapner, Hecate Grid LLC 120 Hecate Grid LLC Chicago, IL 60661 Exhibit A Before After 121 From:MARCO VUJICIC To:Carlene Saxton Cc:Zoning; Chris Enegren; Gilbert Lozano Subject:Re: Zoning Update Comments Date:Friday, June 9, 2023 7:26:35 PM Attachments:image001.png Good Evening Carlene, I just received an email with the updated zoning. I saw that there was a revision. For the livestock portion. How will this new revision affect our property and how many head of cattle would I be allowed to have on 3.38 acres? If I read it correctly we would be allowed 7 head of cattle which would be 2 less than what is currently allowed. Comment No. 34 122 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 50:10-12 123 124 Walking West Spirits Company 2 average of $400 per visit – and that was during the height of the Covid-19 pandemic – a figure most surely to increase now that the pandemic is behind us. All these factors combine to create not just economic benefits, but also community goodwill. Distilleries are local businesses that give back to the community, provide employment, and contribute to local character and pride. I kindly request your consideration of this zoning code update and look forward to discussing it further with you. Sincerely, Tabitha Knaub Walker Walking West Spirits Company WalkingWestSpirits.com Sources: 1. https://www.discus.org/economics/ 2. https://americancraftspirits.org/news/ 3. https://www.abc.ca.gov/reports/annual-reports/ 4. https://www.nielsen.com/us/en/insights/article/2022/whiskey-sales-trends/ 5. https://kybourbon.com/economic-impact/ 125 TW LAND PLANNING & DEVELOPMENT, LLC VENTURA (CORPORATE) SANTA BARBARA SANTA MARIA/ORCUTT Ventura, CA 93001 Santa Barbara, CA 93101 Orcutt, CA 93455 Ph: www.twlandplan.com June 22, 2023 Honorable Planning Commission City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 VIA EMAIL SUBJECT: City of Moorpark Draft Zoning Code Review Dear Honorable Planning Commission: 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. We have previously provided the Community Development Department with a markup of the Draft Zoning Code and detailed summary comments and recommendations, which were previously forwarded to the City Council for their study session. Many of our comments are preferences and editing suggestions, however there are several points, noted below, we would like to emphasize and encourage the Planning Commission to reconsider. The page numbers noted in this letter have been updated to refer to the Draft Zoning Ordinance before the Planning Commission at this time. P. 102: Drive Through Restaurant Prohibition. We oppose this change. This was never really an issue in Moorpark. Prohibiting Drive Through Restaurants in mixed-use districts makes all existing drive-through restaurants legal non- conforming and creates a competitive disadvantage with other existing shopping centers. No new drive-through restaurants would be permitted in the MUD Zone, even in an existing shopping center. This may be appropriate for smaller sites; however, Mission Bell Plaza is a large site where we would like to create a horizontal mixed-use village which includes uses serving not only residents on this site, but the City as a whole. Modern drive- through restaurants (including coffee shops, bakeries, doughnuts, etc.) provide a valuable service to the community. We do agree there should be high standards for architecture and site planning for these uses. We would support requiring a discretionary permit for Drive- Through Restaurants to guarantee these high standards and add appropriate conditions of approval. Comment No. 36 126 Honorable Planning Commission City of Moorpark June 22, 2023 Page 2 of 5 P. 111 and 129: Publicly Accessible Recreational Areas. We Vigorously Oppose This Standard. This is a new type of standard and a bad idea. This standard creates all sorts of future prescriptive easement and liability problems for private property owners. Developers should not be required to provide a privately owned and maintained publicly accessible park/open space in addition to the amenities already provided. Developments will be required to contribute to park fees for the benefit of the community. We believe this standard is a taking of private property for public use, without just compensation. We understand that property may be regulated, but that regulation must include a clearly defined nexus to the development requested. P. 122-132: Development Requirements: We recommend restoring some of the code’s 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. This type of code language has historically resulted in developers and decision makers working together to design and develop Moorpark’s high quality residential developments. P. 124: Stepbacks and Façade Modulation. We recommend eliminating the stepback and façade modulation provisions. These types of requirements are an outdated and unnecessary way of avoiding “cookie cutter” development. These standards create unusable space at the cost of innovative design. We encourage the City to promote good design and high quality development through flexible design standards and thoughtful design review through the Planned Development process. 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. 290: Zoning Ordinance Amendment pre-screening. We oppose this requirement. A developer should be able to propose a specific plan or zoning 127 Honorable Planning Commission City of Moorpark June 22, 2023 Page 3 of 5 ordinance amendment with a project proposal, especially with the zoning ordinance being so new. The public and other stakeholders should be allowed to propose changes to the Zoning Ordinance without burdensome requirements. The pre-screening process was put in place because a General Plan Element can only be amended four times per year, so the City needed a tool to bundle them together and consider them the allowable four times per year. This process is not necessary for Zoning Ordinance Amendments. P. 124. New Issue – Building Height in Mixed-Use Zones: At the City Council Study Session of May 17, 2023, the City Council directed staff to eliminate provisions allowing buildings in the MUD Zone to be developed up to 4 stories and 50 feet in height. Our team had previously worked closely with the General Plan Advisory Committee to establish a residential density which would meet market demands and help the City achieve its Housing Element Goals. This change conflicts with these goals. For the MUD zoning (Mission Bell Plaza), the allowed density is 32 dwelling units per acre and the previously proposed height limit was four stories and fifty feet. Due to limited public concern, the City Council directed Staff to reduce the height limit to three stories and forty feet. We believe a blanket reduction in height in all MUD zones does not best serve the City in terms of providing the needed housing with the best design. 1. Housing affordability is achieved in two ways. a. Restricted/mandated. This provides some affordability but increases the overall cost of housing by passing along development costs to market rate units. b. Affordable by design. By keeping the costs of development housing costs can be kept down. 2. Context maters a. By allowing increased height, we can design a project that pushes higher story buildings away from exis�ng residen�al and set back far from Los Angeles Ave. b. Our concept design shows only a very limited amount of buildings being 4 stories. 3. Design maters a. Much like our argument against “step backs”, good design can’t be prescribed. Zoning can be used to put in place a framework, but architects, developers, City staff, the Planning Commission and the City Council working together can 128 Honorable Planning Commission City of Moorpark June 22, 2023 Page 4 of 5 achieve a beter project. This has been proven over the last 30 years with the Planned Development process. 4. Height/stories necessary to achieve density while reducing development costs. a. By increasing height/stories we are able to create a more "affordable by design" development by reducing development costs. b. Increased height allows for a smaller building footprint, which not only reduces costs by using less material for founda�ons and roofs (the most expensive parts of buildings) but allows for increased landscaping and recrea�onal opportuni�es on site. c. In order to properly develop a project with proper ceiling heights, addi�onal height is required. 5. Cost of development a. Subterranean or parking structures increase cost, lowering affordability. b. Surface parking is less expensive to build than subterranean parking or parking structures. It is also safer and keeps the project from turning inward, crea�ng more of a sense of community. 6. Commercial benefits of increased density. a. Taking underperforming retail offline and replacing it with higher density residen�al results in more customers suppor�ng remaining retail inventory. 7. Project viability. a. It goes without saying that any development must be financially viable. For us to consider taking retail offline and build a project the City of Moorpark would be proud of, we need to achieve the 32 units to the acre. Providing a high- quality project with a healthy mix of units at this density can only be achieved with some (not all) of the buildings at 4 stories and 50 feet. b. 32 units to the acre is less than the 40 units to the acre the GPAC directed us to work towards. We have prepared a design concept showing how we can develop an apartment component, integrated into the Mission Bell shopping center creating a suburban horizontal mixed-use village on the shopping center site. This concept plan shows how we can integrate four story elements on the east side of the lot, far from the adjacent residences and Los Angeles Avenue. By increasing height/stories we are able to create a more "affordable by design" development by reducing development costs. 129 Honorable Planning Commission City of Moorpark June 22, 2023 Page 5 of 5 • Surface parking is less expensive to build than subterranean parking or parking structures. It is also safer and keeps the project from turning inward, creating more of a sense of community. • Increased height allows for a smaller building footprint, which not only reduces costs by using less material for foundations and roofs (the most expensive parts of buildings) but allows for increased landscaping and recreational opportunities on site. This concept includes a broad variety of unit types, from studios to townhomes, providing for high levels of affordability and options for different lifestyles within the complex. Although the General Plan and Zoning encourage higher density projects, we are finding that a cost-effective development cannot be built at these higher densities given, primarily the parking requirements, but also the changes in height requirements, step-backs and façade modulation requirements. We encourage the City to consider crafting reasonable and flexible development standards in order to achieve the goal of developing high quality, higher density, walkable, attainable, residential developments. As stakeholders, we think the Planning Commission deserves to have at least two meetings dedicated to the Zoning Ordinance. There will be comments which need to be fleshed out and brought back for review. We also feel strongly that having the City Council meeting on July 5 (the day after Independence Day) only serves to curtail public participation and stakeholder input by rushing the process during the vacation/holiday season. Should you have any questions regarding this letter, please do not hesitate to give me a call at . I may also be e- mailed at I look forward to the opportunity to work with you and the rest of the team on this very exciting project. Warmest Regards, Joseph Fiss Director of Planning & Entitlements Attachments: April 10, 2023 Letter to Community Development Department May 17, 2023 Letter to City Council 130 TW LAND PLANNING & DEVELOPMENT, LLC VENTURA (CORPORATE) SANTA BARBARA SANTA MARIA/ORCUTT 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. 131 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. 132 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. 133 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 134 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. 135 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 I may also be e-mailed at Sincerely, Joseph Fiss Director of Planning & Entitlements C: Travis Farrell Attachment: Zoning Code Mark-Up 136 137 138 139 From:Taylor Johnson To:Zoning Cc:Michelle Thrakulchavee; Karen Alves Subject:Zoning Draft Comments Date:Thursday, June 15, 2023 11:56:54 AM Attachments:image001.png Moorpark Comments.docx Hi, Attached are our initial comments on Moorpark’s Zoning Draft. Thanks, Taylor Johnson | Development and Acquisitions Coordinator mobile} | {email} CV_Horiz_CMYK_F02 | Irvine, California 92612 Comment No. 37 140 Moorpark Comments – City Ventures Chapter 17.08.010. Application of Definitions “Mixed Use Horizontal”: means development that allows for different uses within the same building or different uses on the same property such as commercial businesses adjacent to a residential use. Chapter 17.16.100 Mixed Use Zones What about horizontally integrated mixed use? C. What constitutes “larger sized properties?” This is A model for the redevelopment of underutilized commercial centers. (Not a complete sentence.) Table 17.20.050 Permitted Uses in Open Space, Agriculture, Residential, and Special Purpose Zones To avoid confusion, we suggest centering or bold numerical titles for organization purposes (similar to table 17.20.060) Table 17.24.020. Development Requirements for O-S, A-E, and R-ZONES B.Net lot area – can this be better defined? What is 6,500 feet applying to? C.How are these lot widths defined under C determined? Needs clarification. E. Front Yard Setback - 10 G. Side Yard Setback street side – 5 H. Rear Yard setback – 10 I. Are interior paved areas included? Consider increasing to 60% for R-1, R-2, and R-3. J. Building and structure Height (35 feet??) Note 1: Last sentence - The development standards associated with the R-3 zone shall apply. Note 4: Two story residences with window facing the adjacent property shall have a minimum 5 foot side yard setback Section 17.24.025. Open space, agriculture, and residential property development standards. A)6. Front setbacks for side entry carports or garages shall be a minimum of 10 feet from the front property line. C) Clarify that multi-family residential development pertains to a single owner rental community. D)Clarify that multi-family residential development pertains to a single owner rental community. 7)g. Also include roof mounted heating and cooling and other mechanical equipment. Table 17.24.055. More clearly define what “commercial” means in the context of MUL, MUM, MUD, and what multi-family “residential” means in the context of MUL, MUM, and MUD. 141 L. Minimum stepback above second floor – minimum 5 foot stepback. G. Min side yard setback – 10 J. Min rear yard setback – 10 17.24.065. Inclusionary Housing Requirements C)Residential developments shall contrast inclusionary units upon the same site as the residential development, or as agreed on another site approved by the director and/or city manager. Consider a situation on an NMX zoned site where there is a stand alone affordable rental project that supplies an excess of 15% affordability across all units developed on the NMX site. D)15% - ALL moderate instead of 7% low income and 8% moderate income allocations. I)Standards of inclusionary units. 2. Inclusionary units shall be comparable (delete equivalent) in square footage to the market rate. 17.32.020. Required Parking 5. Dwellings, multiple units with at least one common wall (townhouse, apartment, condo). 1.75 spaces per unit of which 1 covered in garage or carport for each 1-bedroom unit (including guest parking) 2 spaces per unit of which 1 covered in garage for each unit with 2 or more bedrooms Plus for all units (except studio and 1-bedroom units) 0.25 spaces for visitors 17.32.050. Parking space standards and striping. 2. a. Garage – stall width feet = 9, stall depth feet = 18 C. Tandem parking may be provided in townhomes and/or condominiums where not more than 50% of the units within the project include tandem parking configurations. 142 143 From:Theresa Brady To:Zoning Cc:Theresa Brady Subject:comments on planning. Date:Wednesday, June 21, 2023 5:10:41 AM just looking at the map: questions the industrial area, including the current cement recycling, seems to be a hazard to the water storage area. I noticed it when driving in through somis. there are signs saying no dumping, watershed, but the dust from the cement recycling is uncontained. how will the water quality be protected if industrial including recycling is allowed so close to the water storage? second. the wildlife open space area at the east end of moorpark, and at the border of simi has a lot of traffic. the wildlife are often killed there. just this week I saw a black headed grosbeak dead on the side of los angeles avenue, just east of the trailer park. this street is in your jurisdiction. could signs saying slow wildlife crossing be added to the surface streets along that stretch of los angeles avenue? i would like an effort made to make wildlife protection a feature of our open space. i will probably have additional comments but those are two questions to start. Comment No. 39 144 From:D L To:Shanna Farley; Douglas Spondello Subject:Comments Zoning Code June 9th 2nd draft Date:Wednesday, June 21, 2023 2:45:45 PM Attachments:Moorpark Proposed Development Standards Modificaitons (002).docx Dear Doug and Shanna, Please find attached my comments regarding the zoning code R1 section. I would hope that the zoning code will reflect our General Plan update and the HCD Housing Element requirements. Sincerely, Dorann LaPerch Comment No. 40 145 MOORPARK DEVELOPMENT STANDARDS RECOMMENDATIONS (WHA June 21, 2023) Proposed modifications to Moorpark Development Requirements Table 17.24.020 (R -1 only) Assumptions and Rationale for requested revisions: The R-1 zone with maximum density of 8 du/ac reflects a desire in the city to bring a variety of housing types into the city, which is commendable. 8 du/ac should allow for product types such as SFD clusters, stub -drives, 0- lot line and even duplex homes, which not only brings diversity in product but also addresses variety in price point and attainability. These recommendations are made with the goal of achieving the desired density and providing variety within the product types with livable standards. R-1 Explanation Proposed Change B. Net Lot area, minimum 5000 SF lots will not result in the density of 8 du/ac (usually they are 6 du/ac on a flat site). To meet that allowable density, and recognize consideration for grade conditions, and alternate plotting conditions, we suggest the lot size be reduced from 5000 SF to 2400 SF min. 2400 SF C.1. Lot width (minimum) In reference to lot area (above), we suggest the lot width minimum be reduced. 40’ C.2. Cul-de-sac or odd shaped lots minimum width Recommend the lot width be measured at the front setback with minimum of 20’ at the street. 20’ D. Lot depth minimum In reference to the lot area (above), we suggest the lot depth minimum be reduced. 60’ E. Front yard and setback (in feet) Want to encourage “architecture forward” homes so that garages do not dominate the street scene. These standards are suitable for conventionally loaded (front loaded) lots. For alley loaded lots, 10’ to living still works nicely. 20' to garage door (in conventionally loaded conditions), 10' to living space. F. Side yard setback, interior side We recommend eliminating the footnote requiring an additional 5’ setback at the second-floor elevation. This results in higher construction costs and the width of this product type is very compromised by squeezing the width of the home by 10’ (5’ on each side). OR, forces the second story to have only clerestory windows – not ideal from a floorplan or elevation perspective. Eliminate footnote #4 requiring additional 5’ setback on side and rear yards on the second floors. F.1 Side Yard setback interior side additional Under the CRC (California Residential Code) duplexes are considered single family residences. This should be considered when defining side yard setbacks, resulting in a 0’ setback on one side and 5’ on the other. Combine with comment above. 0’ on one side and/or 5’ minimum J. Building and Structure height, maximum (in feet) We support not addressing ‘stories’ but rather building height. To allow flexibility in architectural styles, we would like your consideration for R-1 height limit increased to 38'. Also suggest a footnote to define the height measurement will be taken fr om the intersection of the roof and the exterior wall. 38’ Recommended footnote: In the case of a cluster or stub-drive condition, the setbacks (front, side, and rear) will be applied to the entire cluster and not the individual homes/lots themselves. 146 From:Renee Robin To:Shanna Farley Cc:Douglas Spondello; Justin Amirault; Paul McMillan Subject:Planning Commission Presentation for 6/22/23 Date:Wednesday, June 21, 2023 9:21:43 PM Attachments:image001.png Moorpark Zoning BRP Presentation 062223.pdf Importance:High Hello Shanna – Attached please find our presentation slides for our testimony tomorrow evening at the Planning Commission hearing. I will be attending the hearing in person to present this information in public comment. Please let me know if you would like me to have hard copy handouts in addition to these slides. Looking forward to meeting you and the other Moorpark staff and officials. With best regards, Renée RENÉE L. ROBIN, J.D. DIRECTOR PERMITTING & PLANNING Comment No. 41 147 MOORPARK General Plan Update Re: Energy Storage ________________ Code Amendment Request Date:June 21, 2023 148 149 150 151 152 153 154 155 156 From:Jeff Malone To:Shanna Farley Cc:Douglas Spondello; John Sands; Brandon Hamara Subject:FW: La Perch site planning - Draft Zoning Code Date:Thursday, June 22, 2023 10:15:51 AM Attachments:image081710.png image786793.png image360226.png image858634.png image325983.png image942171.png image332268.png image383553.png Moorpark Proposed Development Standards Modifications 06.21.23.docx Hello Shanna: Per our discussion, please also include the attached in the supplemental staff report public comments for tonight’s meeting. Thank you. Jeff Malone PROJECT MANAGER Comment No. 42 157 MOORPARK DEVELOPMENT STANDARDS RECOMMENDATIONS (WHA June 21, 2023) Proposed modifica�ons to Moorpark Development Requirements Table 17.24.020 (R-1 only) Assumptions and Rationale for requested revisions: The R-1 zone with maximum density of 8 du/ac reflects a desire in the city to bring a variety of housing types into the city, which is commendable. 8 du/ac should allow for product types such as SFD clusters, stub-drives, 0- lot line and even duplex homes, which not only brings diversity in product but also addresses variety in price point and attainability. These recommendations are made with the goal of achieving the desired density and providing variety within the product types with livable standards. R-1 Explana�on Proposed Change B. Net Lot area, minimum 5000 SF lots will not result in the density of 8 du/ac (usually they are 6 du/ac on a flat site). To meet that allowable density, and recognize considera�on for grade condi�ons, and alternate plo�ng condi�ons, we suggest the lot size be reduced from 5000 SF to 2400 SF min. 2400 SF C.1. Lot width (minimum) In reference to lot area (above), we suggest the lot width minimum be reduced. 40’ C.2. Cul-de-sac or odd shaped lots minimum width Recommend the lot width be measured at the front setback with minimum of 20’ at the street. 20’ D. Lot depth minimum In reference to the lot area (above), we suggest the lot depth minimum be reduced. 60’ E. Front yard and setback (in feet) Want to encourage “architecture forward” homes so that garages do not dominate the street scene. These standards are suitable for conven�onally loaded (front loaded) lots. For alley loaded lots, 10’ to living s�ll works nicely. 20' to garage door (in conventi onally loaded conditions), 10' to living space. F. Side yard setback, interior side We recommend elimina�ng the footnote requiring an addi�onal 5’ setback at the second-floor eleva�on. This results in higher construc�on costs and the width of this product type is very compromised by squeezing the width of the home by 10’ (5’ on each side). OR, forces the second story to have only clerestory windows – not ideal from a floorplan or eleva�on perspec�ve. Eliminate footnote #4 requiring additional 5’ setback on side and rear yards on the second floors. F.1 Side Yard setback interior side addi�onal Under the CRC (California Residen�al Code) duplexes are considered single family residences. This should be considered when defining side yard setbacks, resul�ng in a 0’ setback on one side and 5’ on the other. Combine with comment above. 0’ on one side and/or 5’ minimum J. Building and Structure height, maximum (in feet) We support not addressing ‘stories’ but rather building height. To allow flexibility in architectural styles, we would like your consideration for R-1 height limit increased to 38'. Also suggest a footnote to define the height measurement will be taken from the intersection of the roof and the exterior wall. 38’ Recommended footnote: In the case of a cluster or stub-drive condi�on, the setbacks (front, side, and rear) will be applied to the en�re cluster and not the individual homes/lots themselves. 158 159 City of Moorpark, Zoning Code Update June 22, 2023 Page 2 of 21 City’s vision for future development and identifying the permitted uses of land for housing, business, industry, open space, and recreation. Ibid. Given that the Zoning Code and Zoning Map are inconsistent with the General Plan, and given the introduction of new land use types such as ‘Mixed-Use,’ the current proposed Project is required to revise the Code and Zoning Map to bring them—as well as future developments—into alignment with the GP. Ron Drori of Princeton Development LLC, on behalf of Sunbelt Enterprises, LLC (“Developer”) proposes a master plan for a mixed-use development consisting of a 230-room hotel, three apartment structures totaling 300 units, and 9,000 square feet of commercial and restaurant space—generally referred to as the Moorpark Gateway Project, Princeton Avenue Hilltop Project, or Hilltop Project (“Hilltop Project”). The six-story apartment structures are proposed to be built over a partially subterranean parking structure. The Hilltop Project originally received a General Plan Amendment in 2015 and is now proposing a modification to allow residential uses. Developer intends on awaiting the City’s adoption of the proposed Project before Developer submits its formal application for the Hilltop Project. SWMSRCC is a labor union representing over 63,000 union carpenters in 10 states, including California, and has a strong interest in well-ordered land use planning and in addressing the environmental impacts of development projects. Individual members of SWMSRCC live, work, and recreate in San Diego and surrounding communities and would be directly affected by the Project’s social and environmental impacts. SWMSRCC expressly reserves the right to supplement these comments at or prior to hearings on the Project, at any later hearing and proceeding related to this Project, and during review of any version of the EIR. Gov. Code, § 65009, subd. (b); Pub. Res. Code, § 21177, subd. (a); see Bakersfield Citizens for Local Control v. Bakersfield (2004) 124 Cal.App.4th 1184, 1199-1203; accord Galante Vineyards v. Monterey Peninsula Water Management Dist. (1997) 60 Cal.App.4th 1109, 1121. SWMSRCC incorporates by reference all comments raising issues regarding the Project, its environmental review, and associated documents and reports. See California Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th 173, 191 (citing Citizens for Open Government v. City of Lodi (2006) 144 Cal.App.4th 865, 875) (finding that any party who has objected to a project’s environmental documentation may assert any issue timely raised by other parties); see also Santa Teresa Citizen Action Group v. City of San Jose (2003) 114 Cal.App.4th 689, 701 (citing Pub. Res. Code, 160 City of Moorpark, Zoning Code Update June 22, 2023 Page 3 of 21 § 21177, subds. (a)-(b)) (to attack a decision that is subject to the California Environmental Quality Act (CEQA), the alleged grounds for noncompliance must have been presented to the public agency, and the person attacking the decision must have raised some objection during the administrative proceedings). Moreover, SWMSRCC requests that the County provide notice for any and all notices referring or related to the Project issued under CEQA (Pub. Res. Code, § 21000 et seq.) and the California Planning and Zoning Law (“Planning and Zoning Law”) (Gov. Code, §§ 65000–65010). California Public Resources Code, sections 21092.2 and 21167(f) and California Government Code, section 65092 require agencies to mail such notices to any person who has filed a written request for them with the clerk of the agency’s governing body. I. THE COUNTY SHOULD REQUIRE THE USE OF A LOCAL WORKFORCE TO BENEFIT ITS ECONOMIC DEVELOPMENT AND THE ENVIRONMENT. The County should require that the Project be built using local workers who have graduated from a Joint Labor-Management Apprenticeship Program approved by the State of California, have at least as many hours of on-the-job experience in the applicable craft which would be required to graduate from such a program, or are registered apprentices in such a program. Community benefits such as local hire can also be helpful to reduce environmental impacts and improve the positive economic impacts of the Project. Local hire provisions requiring that a certain percentage of workers reside within 10 miles or less of the Project site can reduce the length of vendor trips, reduce greenhouse gas (GHG) emissions, and provide localized economic benefits. As environmental consultants Matt Hagemann and Paul E. Rosenfeld note: [A]ny local hire requirement that results in a decreased worker trip length from the default value has the potential to result in a reduction of construction-related GHG emissions, though the significance of the reduction would vary based on the location and urbanization level of the project site. March 8, 2021, SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and Considerations for Greenhouse Gas Modeling. 161 City of Moorpark, Zoning Code Update June 22, 2023 Page 4 of 21 Workforce requirements promote the development of skilled trades that yield sustainable economic development. As the California Workforce Development Board and the University of California, Berkeley Center for Labor Research and Education concluded: [L]abor should be considered an investment rather than a cost—and investments in growing, diversifying, and upskilling California’s workforce can positively affect returns on climate mitigation efforts. In other words, well-trained workers are key to delivering emissions reductions and moving California closer to its climate targets.1 Furthermore, workforce policies have significant environmental benefits given that they improve an area’s jobs-housing balance, decreasing the amount and length of job commutes and the associated GHG emissions. In fact, on May 7, 2021, the South Coast Air Quality Management District (South Coast AQMD) found that the “[u]se of a local state-certified apprenticeship program” can result in air pollutant reductions.2 Locating jobs closer to residential areas can have significant environmental benefits. As the California Planning Roundtable noted in 2008: People who live and work in the same jurisdiction would be more likely to take transit, walk, or bicycle to work than residents of less balanced communities and their vehicle trips would be shorter. Benefits would include potential reductions in both vehicle miles traveled and vehicle hours traveled.3 1 California Workforce Development Board (2020) Putting California on the High Road: A Jobs and Climate Action Plan for 2030 at p. ii, available at https://laborcenter.berkeley.edu/wp-content/uploads/2020/09/ Putting-California-on- the- High-Road.pdf. 2 South Coast Air Quality Management District (May 7, 2021) Certify Final Environmental Assessment and Adopt Proposed Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions Program, and Proposed Rule 316 – Fees for Rule 2305, Submit Rule 2305 for Inclusion Into the SIP, and Approve Supporting Budget Actions, available at http://www.aqmd.gov/docs/default- source/Agendas/Governing-Board/2021/2021-May7-027.pdf?sfvrsn=10. 3 California Planning Roundtable (2008) Deconstructing Jobs-Housing Balance at p. 6, available at https://cproundtable.org/static/media/uploads/publications/cpr-jobs- housing.pdf. 162 City of Moorpark, Zoning Code Update June 22, 2023 Page 5 of 21 Moreover, local hire mandates and skill-training are critical facets of a strategy to reduce vehicle miles traveled (VMT). According to planning experts Robert Cervero and Michael Duncan, simply placing jobs near housing stock is insufficient to achieve VMT reductions given that the skill requirements of available local jobs must match those held by local residents.4 Some municipalities have even tied local hire and other workforce policies to local development permits to address transportation issues. Cervero and Duncan further note that: In nearly built-out Berkeley, CA, the approach to balancing jobs and housing is to create local jobs rather than to develop new housing. The city’s First Source program encourages businesses to hire local residents, especially for entry- and intermediate-level jobs, and sponsors vocational training to ensure residents are employment-ready. While the program is voluntary, some 300 businesses have used it to date, placing more than 3,000 city residents in local jobs since it was launched in 1986. When needed, these carrots are matched by sticks, since the city is not shy about negotiating corporate participation in First Source as a condition of approval for development permits. Recently, the State of California verified its commitment towards workforce development through the Affordable Housing and High Road Jobs Act of 2022, otherwise known as Assembly Bill No. 2011 (AB2011). AB2011 amended the Planning and Zoning Law to allow ministerial, by-right approval for projects being built alongside commercial corridors that meet affordability and labor requirements. The County should consider utilizing local workforce policies and requirements to benefit the local area economically and to mitigate GHG emissions, improve air quality, and reduce transportation impacts. II. THE PROJECT WOULD BE APPROVED IN VIOLATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. A. Background Concerning Environmental Impacts Reports. 4 Cervero, Robert and Duncan, Michael (2006) Which Reduces Vehicle Travel More: Jobs- Housing Balance or Retail-Housing Mixing? Journal of the American Planning Association 72 (4), 475-490, 482, available at http://reconnectingamerica.org/assets/Uploads/UTCT- 825.pdf. 163 City of Moorpark, Zoning Code Update June 22, 2023 Page 6 of 21 The California Environmental Quality Act is a California statute designed to inform decision-makers and the public about the potential significant environmental effects of a project. 14 California Code of Regulations (“CCR” or “CEQA Guidelines”), § 15002, subd. (a)(1).5 At its core, its purpose is to “inform the public and its responsible officials of the environmental consequences of their decisions before they are made.” Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 564. CEQA also directs public agencies to avoid or reduce environmental damage, when possible, by requiring alternatives or mitigation measures. CEQA Guidelines, § 15002, subds. (a)(2)-(3); see also Berkeley Keep Jets Over the Bay Committee v. Board of Port Commissioners of the City of Oakland (2001) 91 Cal.App.4th 1344, 1354; Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376, 400. The EIR serves to provide public agencies and the public in general with information about the effect that a proposed project is likely to have on the environment and to “identify ways that environmental damage can be avoided or significantly reduced.” CEQA Guidelines, § 15002, subd. (a)(2). If the project has a significant effect on the environment, the agency may approve the project only upon finding that it has “eliminated or substantially lessened all significant effects on the environment where feasible” and that any unavoidable significant effects on the environment are “acceptable due to overriding concerns” specified in Public Resources Code section 21081. See CEQA Guidelines, §§ 15092, subds. (b)(2)(A)-(B). While the courts review an EIR using an ‘abuse of discretion’ standard, the reviewing court is not to uncritically rely on every study or analysis presented by a project proponent in support of its position. Berkeley Keep Jets, supra, 91 Cal.App.4th at p. 1355 (quoting Laurel Heights, supra, 47 Cal.3d at pp. 391, 409 fn. 12) (internal quotations omitted). A clearly inadequate or unsupported study is entitled to no judicial deference. Ibid. Drawing this line and determining whether the EIR complies with CEQA’s information disclosure requirements presents a question of law subject to independent review by the courts. Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, 515; Madera Oversight Coalition, Inc. v. County of Madera (2011) 199 Cal.App.4th 48, 102, 131. As the First District Court of Appeal has previously stated, prejudicial abuse of 5 The CEQA Guidelines, codified in Title 14 of the California Code of Regulations, section 15000 et seq., are regulatory guidelines promulgated by the state Natural Resources Agency for the implementation of CEQA. Pub. Res. Code, § 21083. The CEQA Guidelines are given “great weight in interpreting CEQA except when . . . clearly unauthorized or erroneous.” Center for Biological Diversity v. Dept. of Fish & Wildlife (2015) 62 Cal.4th 204, 217. 164 City of Moorpark, Zoning Code Update June 22, 2023 Page 7 of 21 discretion occurs if the failure to include relevant information precludes informed decision-making and informed public participation, thereby thwarting the statutory goals of the EIR process. Berkeley Keep Jets, supra, 91 Cal.App.4th at p. 1355 (internal quotations omitted). The preparation and circulation of an EIR is more than a set of technical hurdles for agencies and developers to overcome. Communities for a Better Environment v. Richmond (2010) 184 Cal.App.4th 70, 80 (quoting Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Cal.4th 412, 449-450). The EIR’s function is to ensure that government officials who decide to build or approve a project do so with a full understanding of the environmental consequences and, equally important, that the public is assured those consequences have been considered. Ibid. For the EIR to serve these goals it must present information so that the foreseeable impacts of pursuing the project can be understood and weighed, and the public must be given an adequate opportunity to comment on that presentation before the decision to go forward is made. Ibid. A strong presumption in favor of requiring preparation of an EIR is built into CEQA. This presumption is reflected in what is known as the “fair argument” standard under which an EIR must be prepared whenever substantial evidence in the record supports a fair argument that a project may have a significant effect on the environment. Quail Botanical Gardens Found., Inc. v. City of Encinitas (1994) 29 Cal.App.4th 1597, 1602; Friends of “B” St. v. City of Hayward (1980) 106 Cal.3d 988, 1002. The fair argument test stems from the statutory mandate that an EIR be prepared for any project that “may have a significant effect on the environment.” Pub. Res. Code, § 21151; see No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.App.3d 68, 75 (hereafter, “No Oil”); accord Jensen v. City of Santa Rosa (2018) 23 Cal.App.5th 877, 884 (hereafter, “Jensen”). Under this test, if a proposed project is not exempt and may cause a significant effect on the environment, the lead agency must prepare an EIR. Pub. Res. Code, §§ 21100, subd. (a), 21151; CEQA Guidelines, §§ 15064, subds. (a)(1), (f)(1). An EIR may be dispensed with only if the lead agency finds no substantial evidence in the initial study or elsewhere in the record that the project may have a significant effect on the environment. Parker Shattuck Neighbors v. Berkeley City Council (2013) 222 Cal.App.4th 768, 785. In such a situation, the lead agency must adopt a negative declaration. Pub. Res. Code, § 21080, subd. (c)(1); CEQA Guidelines, §§ 15063, subd. (b)(2), 15064, subd. (f)(3). 165 City of Moorpark, Zoning Code Update June 22, 2023 Page 8 of 21 “Significant effect upon the environment” is defined as “a substantial or potentially substantial adverse change in the environment.” Pub. Res. Code, § 21068; CEQA Guidelines, § 15382. A project may have a significant effect on the environment if there is a reasonable probability that it will result in a significant impact. No Oil, supra, 13 Cal.App.3d at p. 83 fn. 16; see Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296, 309 (hereafter, “Sundstrom”). If any aspect of the project may result in a significant impact on the environment, an EIR must be prepared even if the overall effect of the project is beneficial. CEQA Guidelines, § 15063, subd. (b)(1); see County Sanitation Dist. No. 2 v. County of Kern (2005) 127 Cal.App.4th 1544, 1580. This standard sets a “low threshold” for preparation of an EIR. Consolidated Irrigation Dist. v. City of Selma (2012) 204 Cal.App.4th 187, 207; Nelson v. County of Kern (2010) 190 Cal.App.4th 252; Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, 928; Bowman v. City of Berkeley (2004) 122 Cal.App.4th 572, 580; Citizen Action to Serve All Students v. Thornley (1990) 222 Cal.App.3d 748, 754; Sundstrom, supra, 202 Cal.App.3d at p. 310. If substantial evidence in the record supports a fair argument that the project may have a significant environmental effect, the lead agency must prepare an EIR even if other substantial evidence before it indicates the project will have no significant effect. See Jensen, supra, 23 Cal.App.5th at p. 886; Clews Land & Livestock v. City of San Diego (2017) 19 Cal.App.5th 161, 183; Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33 Cal.App.4th 144, 150; Brentwood Assn. for No Drilling, Inc. v. City of Los Angeles (1982) 134 Cal.App.3d 491; Friends of “B” St., 106 Cal.App.3d 988; CEQA Guidelines, § 15064, subd. (f)(1). B. Background Concerning Initial Studies, Negative Declarations, and Mitigated Negative Declarations. CEQA and CEQA Guidelines are strict and unambiguous about when an MND may be used. A public agency must prepare an EIR whenever substantial evidence supports a “fair argument” that a proposed project “may have a significant effect on the environment.” Pub. Res. Code, §§ 21100, 21151; CEQA Guidelines, §§ 15002, subds. (f)(1)-(2), 15063; No Oil, supra, 13 Cal.App.3d at p. 75; Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98, 111-112. Essentially, should a lead agency be presented with a fair argument that a project may have a significant effect on the environment, the lead agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect. CEQA Guidelines, §§ 15064(f)(1)-(2); see No Oil, 166 City of Moorpark, Zoning Code Update June 22, 2023 Page 9 of 21 supra, 13 Cal.App.3d at p. 75 (internal citations and quotations omitted). Substantial evidence includes “enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached.” CEQA Guidelines, § 15384, subd. (a). The fair argument standard is a “low threshold” test for requiring the preparation of an EIR. No Oil, supra, 13 Cal.App.3d at p. 84; County Sanitation, supra, 127 Cal.App.4th at p. 1579. It “requires the preparation of an EIR where there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial[.]” County Sanitation, supra, 127 Cal.App.4th at p. 1580 (quoting CEQA Guidelines, § 15063, subd. (b)(1)). A lead agency may adopt an MND only if “there is no substantial evidence that the project will have a significant effect on the environment.” CEQA Guidelines, § 15074, subd. (b). Evidence supporting a fair argument of a significant environmental impact triggers preparation of an EIR regardless of whether the record contains contrary evidence. League for Protection of Oakland’s Architectural and Historical Resources v. City of Oakland (1997) 52 Cal.App.4th 896, 904-905. “Where the question is the sufficiency of the evidence to support a fair argument, deference to the agency’s determination is not appropriate[.]” County Sanitation, supra, 127 Cal.App.4th at p. 1579 (quoting Sierra Club v. County of Sonoma (1992) 6 Cal.App.4th 1307, 1317-1318). Further, it is the duty of the lead agency, not the public, to conduct the proper environmental studies. “The agency should not be allowed to hide behind its own failure to gather relevant data.” Sundstrom, supra, 202 Cal.App.3d at p. 311. “Deficiencies in the record may actually enlarge the scope of fair argument by lending a logical plausibility to a wider range of inferences.” Ibid; see also Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359, 1382 (lack of study enlarges the scope of the fair argument which may be made based on the limited facts in the record). Thus, refusal to complete recommended studies lowers the already low threshold to establish a fair argument. The court may not exercise its independent judgment on the omitted material by determining whether the ultimate decision of the lead agency would have been affected had the law been followed. Environmental Protection Information Center v. Cal. Dept. of Forestry (2008) 44 Cal.4th 459, 486 (internal citations and quotations omitted). The remedy for this deficiency would be for the trial court to issue a writ of mandate. Id. 167 City of Moorpark, Zoning Code Update June 22, 2023 Page 10 of 21 Both the review for failure to follow CEQA’s procedures and the fair argument test are questions of law, thus, the de novo standard of review applies. Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova (2007) 40 Cal.4th 412, 435. “Whether the agency’s record contains substantial evidence that would support a fair argument that the project may have a significant effect on the environment is treated as a question of law. Consolidated Irrigation Dist., supra, 204 Cal.App.4th at p. 207; Kostka and Zischke, Practice Under the Environmental Quality Act (2017, 2d ed.) at § 6.76. C. Background Concerning CEQA Exemptions. Where a lead agency chooses to dispose of CEQA by asserting a CEQA exemption, it has a duty to support its CEQA exemption findings by substantial evidence, including evidence that there are no applicable exceptions to exemptions. This duty is imposed by CEQA and related case law. CEQA Guidelines, § 15020 (lead agency shall not knowingly release a deficient document hoping that public comments will correct the defects); see Citizens for Environmental Responsibility v. State ex rel. 14th Dist. Agriculture Assn. (2015) 242 Cal.App.4th 555, 568 (lead agency has the burden of demonstrating that a project falls within a categorical exemption and must support the determination with substantial evidence); accord Assn. for Protection etc. Values v. City of Ukiah (1991) 2 Cal.App.4th 720, 732 (lead agency is required to consider exemption exceptions where there is evidence in the record that the project might have a significant impact.) The duty to support CEQA and exemption findings with substantial evidence is also required by the Code of Civil Procedure (CCP) and case law on administrative or traditional writs. Under the CCP, an abuse of discretion is established if the decision is unsupported by the findings, or the findings are unsupported by the evidence. CCP, § 1094.5, subd. (b). In Topanga Assn. for a Scenic Comm. v. Cnty. of Los Angeles, our Supreme Court held that implicit in CCP section 1094.5 is a requirement that the agency which renders the challenged decision must set forth findings to bridge the analytic gap between the raw evidence and ultimate decision or order. (1977) 11 Cal.3d 506, 515 (internal citations and quotations omitted) (hereafter, “Topanga”). The lead agency’s findings may be determined to be sufficient if a court has no trouble under the circumstances discerning the analytic route the administrative agency traveled from evidence to action. West Chandler Blvd. Neighborhood Assn. vs. City of Los Angeles (2011) 198 Cal.App.4th 1506, 1521-1522 (internal citations and quotations 168 City of Moorpark, Zoning Code Update June 22, 2023 Page 11 of 21 omitted). However, “mere conclusory findings without reference to the record are inadequate.” Id. at p. 1521 (finding city council findings conclusory in violation of Topanga). Further, CEQA exemptions must be narrowly construed to accomplish CEQA’s environmental objectives. Cal. Farm Bureau Federation v. Cal. Wildlife Conservation Bd. (2006) 143 Cal.App.4th 173, 187; accord Save Our Carmel River v. Monterey Peninsula Water Management Dist. (2006) 141 Cal.App.4th 677, 697 (“These rules ensure that in all but the clearest cases of categorical exemptions, a project will be subject to some level of environmental review.”) Finally, CEQA procedures reflect a preference for resolving doubts in favor of environmental review. See Pub. Res. Code, § 21080, subd. (c) (an EIR may be disposed of only if there is no substantial evidence, in light of the entire record before the lead agency, that the project may have a significant effect on the environment or revisions in the project); CEQA Guidelines, §§ 15061, subd. (b)(3) (common sense exemption only where it can be seen with certainty); 15063, subd. (b)(1) (prepare an EIR if the agency determines that there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial]; 15064, subd. (h) (the agency must consider cumulative impacts of past, current, and probable future projects); 15070 (a negative declaration may be prepared only if there is no substantial evidence, in light of the whole record, that the project may have a significant effect on the environment, or project revisions would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence, in light of the whole record, that the project as revised may have a significant effect on the environment); No Oil, supra, 13 Cal.App.3d at pp. 83-84 (significant impacts are to be interpreted so as to afford the fullest possible protection). D. CEQA Requires Revision and Recirculation of an EIR When Substantial Changes or New Information Come to Light. Section 21092.1 of the California Public Resources Code requires that “[w]hen significant new information is added to an environmental impact report after notice has been given pursuant to Section 21092 . . . but prior to certification, the public agency shall give notice again pursuant to Section 21092, and consult again pursuant to Sections 21104 and 21153 before certifying the environmental impact report” in 169 City of Moorpark, Zoning Code Update June 22, 2023 Page 12 of 21 order to give the public a chance to review and comment upon the information. CEQA Guidelines, § 15088.5. Significant new information includes “changes in the project or environmental setting as well as additional data or other information [that] deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative).” CEQA Guidelines, § 15088.5, subd. (a). Examples of significant new information requiring recirculation include “new significant environmental impacts from the project or from a new mitigation measure,” “substantial increase in the severity of an environmental impact,” “feasible project alternative or mitigation measure considerably different from others previously analyzed” as well as when the DEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. Ibid. An agency has an obligation to recirculate an environmental impact report for public notice and comment due to “significant new information” regardless of whether the agency opts to include it in a project’s environmental impact report. Cadiz Land Co. v. Rail Cycle (2000) 83 Cal.App.4th 74, 95 (finding that, in light of a new expert report disclosing potentially significant impacts to groundwater supply, the EIR should have been revised and recirculated for purposes of informing the public and governmental agencies of the volume of groundwater at risk and to allow the public and governmental agencies to respond to such information). If significant new information is brought to the attention of an agency prior to certification, the agency is required to revise and recirculate that information as part of the EIR. Additionally, when new information is brought to light showing that an impact previously discussed in an environmental report or document—which was found to be insignificant with or without mitigation in the prior analysis—now has the potential for a significant environmental impact as supported by substantial evidence, the environmental document must consider and resolve the conflict in the evidence. See Visalia Retail, L.P. v. City of Visalia (2018) 20 Cal.App.5th 1, 13, 17; accord Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099, 1109. A substantial revision includes the identification of new, avoidable significant effects requiring mitigation measures or project revisions to be added to reduce the effect to less than significant levels or upon the lead agency determining that a proposed 170 City of Moorpark, Zoning Code Update June 22, 2023 Page 13 of 21 mitigation measure or project change would not reduce a potential impact to insignificance. See Jensen, supra, 23 Cal.App.5th at p. 886. III. THE PROJECT VIOLATES CEQA’S PROHIBITION AGAINST PRE-COMMITMENT. It is a “general principle that before conducting CEQA review, agencies must not take any action that significantly furthers a project in a manner that forecloses alternatives or mitigation measures that would ordinarily be part of CEQA review of that public project.” Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116, 138 (internal citations and quotations omitted); CEQA Guidelines, § 15004, subd. (b)(2)(B). When determining whether a lead agency pre-committed or approved a project, courts “look both to the agreement itself and to the surrounding circumstances, as shown in the record of the decision, to determine whether an agency’s authorization or execution of an agreement for development constitutes a decision . . . which commits the agency to a definite course of action in regard to a project.” Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116, 139 (internal citations and quotations omitted); Cal. Code Regs., tit. 14, § 15352. Precommitment—or approval of the Project before the review of its environmental impacts—may be found based on the totality of the circumstances even where the final agreement includes a condition granting the lead agency complete discretion over CEQA matters. See Riverwatch v. Olivenhain Municipal Water Dist. (2009) 170 Cal.App.4th 1186, 1211-1212. In Riverwatch, the lead agency’s public announcements and actions—including preparing to relocate tenants from the property; substantial financial contribution to the project; and willingness to bind itself via the draft agreement, to convey the property to the developer if the developer satisfied CEQA’s requirements—together demonstrated that the lead agency committed itself to a definite course of action regarding the project before fully evaluating the project’s environmental impacts in violation of Pub. Res. Code, §§ 21100 and 21151. Ibid. Additionally, a lead agency pre-commits to a project where it “contract[s] away its power to consider the full range of alternatives and mitigation measures required by CEQA and . . . preclude[s] consideration of a ‘no project’ option. Citizens for Responsible Government, supra, 56 Cal.App.4th at pp. 1221–1222 (internal citations and quotations omitted). In fact, the purpose of a development agreement is to provide developers with an assurance that they can complete the project. Id. at p. 1223; see Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116, 138. In Citizens for Responsible Government, 171 City of Moorpark, Zoning Code Update June 22, 2023 Page 14 of 21 after having entered into a development agreement with the developer, the city was not free to reconsider the wisdom of the project in light of its environmental impacts. Citizens for Responsible Government, supra, 56 Cal.App.4th at p. 1223; see Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116, 138. In addition, by labeling the Project as ministerial and by-right, the City will have contracted away its discretion and fulfil the Planning and Zoning Law’s requirement to mitigate the environmental justice disparate impacts of the Project on certain communities; it will further be unable to comply with CEQA’s mandate to mitigate air quality, GHG emissions, and other impacts. As such, regardless of its own characterization that the Project is completely optional, it pre-commits to approve the Hilltop Project before evaluating its environmental and social impacts in violation of CEQA. The City cannot violate CEQA. IV. THE PROJECT VIOLATES THE PLANNING AND ZONING LAW. The Project will violate the Planning and Zoning Law’s requirements, including that any project or zoning ordinance must be consistent with the City’s GP and must also be subject to the environmental justice principles and considerations. Gov. Code §§ 65860, 65867.5, 65300.5. A lead agency cannot achieve a zoning ordinance’s or project’s consistency with its GP by amending the GP itself. See Napa Citizens for Honest Govt. v. Napa Cnty. Bd. of Supervisors (2001) 91 Cal.App.4th 342, 389. “A zoning ordinance that is inconsistent with the general plan is invalid when passed [citations] and one that was originally consistent but has become inconsistent must be brought into conformity with the general plan. [Citation.] The Planning and Zoning Law does not contemplate that general plans will be amended to conform to zoning ordinances. In other words, the tail does not wag the dog. The GP is the charter to which the ordinance must conform.” Ibid. This is because the GP ensures orderly growth. In the words of the Court: A general plan serves as a “charter for future development” (Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal. 3d 531, 540 [277 Cal. Rptr. 1, 802 P.2d 317]) and embodies “fundamental land use decisions that guide the future growth and development of cities and counties.” (City of Santa Ana v. City of Garden Grove (1979) 100 Cal. App. 3d 521, 532 [160 Cal. Rptr. 907].) “‘“[T]he propriety of virtually any 172 City of Moorpark, Zoning Code Update June 22, 2023 Page 15 of 21 local decision affecting land use and development depends upon consistency with the applicable general plan and its elements” [statutorily required elements include land use, circulation, housing, conservation, open space and noise].’ [Citations.] “The consistency doctrine has been described as "the linchpin of [76 Cal. App. 4th 950] California’s land use and development laws; it is the principle which infuse[s] the concept of planned growth with the force of law.” ...’” (Families Unafraid to Uphold Rural etc. County v. Board of Supervisors (1998) 62 Cal. App. 4th 1332, 1336 [74 Cal. Rptr. 2d 1] (Families Unafraid).) Cnty. of Amador v. El Dorado Cnty. Water Agency (1999) 76 Cal.App.4th 931, 949-950. V. THE HILLTOP PROJECT IS IMPERMISSIBLY PIECEMEALED, INFLATING THE ENVIRONMENTAL BASELINE; ALTERNATIVELY, IT FAILS TO CONSIDER THE IMPACTS OF RELATED PROJECTS. CEQA mandates that “the lead agency must consider the whole of an action, not simply its constituent parts, when determining whether it will have a significant environmental effect.” CEQA Guidelines, § 15003, subd. (h). As a corollary, CEQA forbids “piecemealing.” Lighthouse Field Beach Rescue v. City of Santa Cruz (2005) 131 Cal.App.4th 1170, 1208 (the prohibition against piecemeal review is the flip side of the requirement that the whole of a project be reviewed under CEQA); see CEQA Guidelines, § 15378, subd. (a)). Piecemealing is reviewed de novo. Paulek v. Department of Water Resources (2014) 231 Cal.App.4th 35, 46. CEQA’s piecemealing prohibition stems from two sources—a public agency's duty to define the “project” being evaluated by “the whole of an action” (CEQA Guidelines, § 15378, subds. (a), (c)), and its duty to consider “the effects, both individual and collective, of all activities involved in [the] project” Pub. Res. Code, § 21002.1, subd. (d)). Moreover, CEQA’s piecemealing prohibition stems from its requirement to consider the cumulative impacts of all phased or multiple projects which are part of the same general undertaking. CEQA Guidelines, § 15165. For purposes of cumulative impacts analysis, CEQA mandates to consider the impacts of the past, present, and reasonably foreseeable future projects. CEQA Guidelines, §§ 15063, subd. (b)(1) (prepare an EIR “if he agency determines that there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the 173 City of Moorpark, Zoning Code Update June 22, 2023 Page 16 of 21 project is adverse or beneficial”); 15064, subd. (h) (need to consider cumulative impacts of past, other current and “probable future” projects). Even if the Project’s impacts may not be significant, its incremental effects, when added to other past, present, and probable future projects, can be cumulatively significant. CEQA Guidelines, §§15065, subd. (a)(3), 15130, subd. (b)(1)(A), 15355, subd. (b). Our Supreme Court has defined piecemealing as “chopping a large project into many little ones – each with a minimal potential impact on the environment – which cumulatively may have disastrous consequences.” Bozung v. Local Agency Formation Com. (1975) 13 Cal.3d 263, 283-284. Thus, identifying and studying the “whole of the project” is crucial to attainment of CEQA’s goals of properly disclosing and mitigating environmental impacts. “Project’ is given a broad interpretation in order to maximize protection of the environment.” San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th 713, 730. Even when a developer obtains a right to construct or has completed one or more pieces of a larger project that has so far evaded full environmental review, the City and this Court have the right, indeed the duty, to remedy the wrong. This includes stopping the challenged incomplete parts and ordering a comprehensive environmental review of the entire project using a corrected project description and baseline. Arviv Enterprises, Inc. v. South Valley Area Planning Com. (2002) 101 Cal.App.4th 1333 is on point. In Arviv, a Los Angeles developer had an overall plan to build 21 homes in the Mulholland community along Woodstock Road. Id. at 1336. Rather than present the “whole” of its action as part of an EIR or other comprehensive review, the developer chopped the larger project into pieces, one of 5 homes, another of 2 homes, and another of 14 homes. Id. at 1338, 1343. It then processed separately each via CEQA exemptions or MND. Id. Eventually the City figured out the developer’s attempted circumvention of CEQA and required it “to obtain an EIR for a 21-house development,” rather than proceed in a piecemeal manner. The developer sued the City, arguing it should not have to prepare an EIR. Id. at 1343. The trial court rejected the developer’s position, and our Court of Appeal affirmed, holding: “The significance of an accurate project description is manifest, where, as here, cumulative environmental impacts may be disguised or minimized by filing numerous, serial applications.” Id. at 1346 (emph. added). 174 City of Moorpark, Zoning Code Update June 22, 2023 Page 17 of 21 “One way to evaluate which acts are part of a project is to examine how closely related the acts are to the overall objective of the project.” Tuolumne County Citizens for Responsible Growth, Inc. v. City of Sonora (2007) 155 Cal.App.4th 1214, 1226. “Another way to phrase the question of whether a particular act is a step taken towards the achievement of the proponent’s objective is to ask ‘whether the act is part of a coordinated endeavor.’ [Citation.]” POET, LLC v. State Air Resources Bd. (2017) 12 Cal.App.5th 52, 75, fn. 15. The failure to analyze the whole of the project, and thereby allow the true impacts, including cumulative impacts of the various parts added together, to escape review, is potentially “disastrous,” and should not be allowed. Bozung, supra, 13 Cal.3d at 283- 284. Consistent with Arviv, an EIR is also required on piecemealing grounds to properly analyze regulatory threshold exceedances caused by the Project Applicant’s “coordinated endeavor.” For example, under CEQA Guidelines, § 15206, subd. (b)(2)(D), a proposed hotel with more than 500 rooms shall be deemed regionally/area wide significant. This determination may not be possible where a project is piecemealed. Similarly, under Public Resources Code, § 21155.1, there are numerous limitations and requirements the Project must meet, including a cap of maximum 200 units, which cannot be properly assessed where a project is piecemealed. CEQA’s piecemealing prohibition – especially for later phases or last act project components – is also critical as it results in an improperly inflated and inaccurate baseline and/or fundamentally inaccurate “no project” alternatives, which, in turn, taints the entire CEQA review. POET, LLC v. State Air Resources Bd. (2017) 12 Cal.App.5th 52, 83 (use of an inflated baseline had the effect of understating the increase of impacts, requiring reversal); see also CEQA Guidelines, §§ 15126.6, subd. (e)(2) & 15125(a)(1) (both the “no project” alternative and the baseline consider the existing environmental conditions). It is settled that, without an adequate baseline, the “analysis of impacts, mitigation measures and project alternatives becomes impossible.” Cnty. of Amador v. El Dorado County Water Agency (1999) 76 Cal.App.4th 931, 953. Alternatively, even if various parts of the project are sufficiently separate and do not constitute a whole of an action, CEQA requires that the environmental review of the project include impacts of the past, present, and reasonably foreseeable future projects. See CEQA Guidelines, §§ 15065, subd. (a)(3), 15130, subd. (b)(1)(A), 15355, 175 City of Moorpark, Zoning Code Update June 22, 2023 Page 18 of 21 subd. (b). In fact, courts treat piecemealing and failure to study cumulative impacts of related approvals as alternative theories. San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th 713, 733 (even assuming the sewer expansion was severable from the development project, the FEIR still did not comply with CEQA” for failure to consider their cumulative impacts). Thus, in analyzing a Project’s cumulative impacts, it’s important to analyze not just the impacts of the Project itself but also consider impacts from all other related projects as well. Evidence of Applicant’s “coordinated endeavor” is manifest in this case. As a result of piecemealing or alternatively failure to review the cumulative impacts of the project’s related parts or components, there is informational deficiency and overall impossibility to meaningfully assess the Project’s impacts or entitlement to a CEQA exemption and the proposed CEQA clearance is legally and factually unsupported. VI. DUE TO THE COVID-19 CRISIS, THE CITY MUST ADOPT A MANDATORY FINDING OF SIGNIFICANCE THAT THE PROJECT MAY CAUSE A SUBSTANTIAL ADVERSE EFFECT ON HUMAN BEINGS AND MITIGATE COVID-19 IMPACTS. CEQA requires that an agency make a finding of significance when a Project may cause a significant adverse effect on human beings. Pub. Res. Code, § 21083, subd. (b)(3); CEQA Guidelines, § 15065, subd. (a)(4). Public health risks related to construction work require a mandatory finding of significance under CEQA. Construction work has been defined as a lower- to high- risk activity for COVID-19 spread by the Occupations Safety and Health Administration. Recently, several construction sites have been identified as sources of community-wide spreads of COVID-19. SWMSRCC recommends that the City adopt additional CEQA mitigation measures to mitigate public health risks from the Project’s construction activities. SWMSRCC also requests that the City require safe on-site construction work practices as well as training and certification for any construction workers on the Project site. In particular, and based upon its experience with safe construction site work practices, SWMSRCC recommends that the City require that while construction activities are being conducted at the Project Site: 176 City of Moorpark, Zoning Code Update June 22, 2023 Page 19 of 21 Construction Site Design: • The Project Site be limited to two controlled entry points. • Entry points have temperature screening technicians taking temperature readings when the entry point is open. • The Temperature Screening Site Plan shows details regarding access to the Project Site and Project Site logistics for conducting temperature screening. • A 48-hour advance notice be provided to all trades prior to the first day of temperature screening. • The perimeter fence directly adjacent to the entry points be clearly marked indicating the appropriate 6-foot social distancing position for when you approach the screening area. Please reference the Apex temperature screening site map for additional details. • There be clear signage posted at the project site directing you through temperature screening. • Provide hand washing stations throughout the construction site. Testing Procedures: • The temperature screenings used are non-contact devices. • Temperature readings are not to be recorded. • Personnel be screened upon entering the testing center and should only take one to two seconds per individual. • Hard hats, head coverings, sweat, dirt, sunscreen, or any other cosmetics must be removed on the forehead before temperature screening. • Anyone who refuses to submit to a temperature screening or does not answer the health screening questions be refused access to the Project Site. • Screenings be performed at both entrances from 5:30 am to 7:30 am at the main gate and personnel gate. 177 City of Moorpark, Zoning Code Update June 22, 2023 Page 20 of 21 • After 7:30 am, only the main gate entrance continues to be used for temperature testing for anybody gaining entry to the project site such as returning personnel, deliveries, and visitors. • If the digital thermometer displays a temperature reading above 100.0 degrees Fahrenheit, a second reading will be taken to verify an accurate reading. • If the second reading confirms an elevated temperature, DHS will instruct the individual that he/she will not be allowed to enter the Project Site. DHS will also instruct the individual to promptly notify his/her supervisor and human resources representative and provide them with a copy of Annex A. Planning: • Require the development of an Infectious Disease Preparedness and Response Plan that will include basic infection prevention measures (requiring the use of personal protection equipment), policies and procedures for prompt identification and isolation of sick individuals, social distancing (prohibiting gatherings of no more than 10 people including all-hands meetings and all- hands lunches) communication and training and workplace controls that meet standards that may be promulgated by the Center for Disease Control, Occupational Safety and Health Administration, Cal/OSHA, California Department of Public Health or applicable local public health agencies. The United Brotherhood of Carpenters and Carpenters International Training Fund has developed COVID-19 Training and Certification to ensure that Carpenter union members and apprentices conduct safe work practices. The City should require that all construction workers undergo COVID-19 Training and Certification before being allowed to conduct construction activities at the Project Site. SWMSRCC has also developed a rigorous Infection Control Risk Assessment (ICRA) training program to ensure it delivers a workforce that understands how to identify and control infection risks by implementing protocols to protect themselves and all others during renovation and construction projects in healthcare environments. The ICRA protocols are intended to contain pathogens, control airflow, and protect patients during the construction, maintenance, and renovation of healthcare facilities. These protocols prevent cross-contamination, minimizing the risk of secondary 178 City of Moorpark, Zoning Code Update June 22, 2023 Page 21 of 21 infections in patients at hospital facilities. The City should require that the Project be built using a workforce trained in ICRA protocols. VII. CONCLUSION In light of the aforementioned concerns, SWMSRCC respectfully requests that the City: (1) require a local and skilled workforce for future developments subject to the Project, and (2) prepare and circulate a revised EIR prior to any approvals for the Project. Should the City have any questions or concerns, it should feel free to contact my Office. Sincerely, ___________________________________ Reza Bonachea Mohamadzadeh Attorney for Southwest Mountain States Regional Council of Carpenters Attached: March 8, 2021, SWAPE Letter to Mitchell M. Tsai re Local Hire Requirements and Considerations for Greenhouse Gas Modeling (Exhibit A); Air Quality and GHG Expert Paul Rosenfeld CV (Exhibit B); Air Quality and GHG Expert Matt Hagemann CV (Exhibit C). 179 EXHIBIT A 180 1 2656 29th Street, Suite 201 Santa Monica, CA 90405 Matt Hagemann, P.G, C.Hg. (949) 887-9013 mhagemann@swape.com Paul E. Rosenfeld, PhD (310) 795-2335 prosenfeld@swape.com March 8, 2021 Mitchell M. Tsai 155 South El Molino, Suite 104 Pasadena, CA 91101 Subject: Local Hire Requirements and Considerations for Greenhouse Gas Modeling Dear Mr. Tsai, Soil Water Air Protection Enterprise (“SWAPE”) is pleased to provide the following draft technical report explaining the significance of worker trips required for construction of land use development projects with respect to the estimation of greenhouse gas (“GHG”) emissions. The report will also discuss the potential for local hire requirements to reduce the length of worker trips, and consequently, reduced or mitigate the potential GHG impacts. Worker Trips and Greenhouse Gas Calculations The California Emissions Estimator Model (“CalEEMod”) is a “statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions associated with both construction and operations from a variety of land use projects.”1 CalEEMod quantifies construction-related emissions associated with land use projects resulting from off-road construction equipment; on-road mobile equipment associated with workers, vendors, and hauling; fugitive dust associated with grading, demolition, truck loading, and on-road vehicles traveling along paved and unpaved roads; and architectural coating activities; and paving.2 The number, length, and vehicle class of worker trips are utilized by CalEEMod to calculate emissions associated with the on-road vehicle trips required to transport workers to and from the Project site during construction.3 1 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home. 2 “California Emissions Estimator Model.” CAPCOA, 2017, available at: http://www.aqmd.gov/caleemod/home. 3 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/01 user-39-s-guide2016-3-2 15november2017.pdf?sfvrsn=4, p. 34. 181 2 Specifically, the number and length of vehicle trips is utilized to estimate the vehicle miles travelled (“VMT”) associated with construction. Then, utilizing vehicle-class specific EMFAC 2014 emission factors, CalEEMod calculates the vehicle exhaust, evaporative, and dust emissions resulting from construction-related VMT, including personal vehicles for worker commuting.4 Specifically, in order to calculate VMT, CalEEMod multiplies the average daily trip rate by the average overall trip length (see excerpt below): “VMTd = Σ(Average Daily Trip Rate i * Average Overall Trip Length i) n Where: n = Number of land uses being modeled.”5 Furthermore, to calculate the on-road emissions associated with worker trips, CalEEMod utilizes the following equation (see excerpt below): “Emissionspollutant = VMT * EFrunning,pollutant Where: Emissionspollutant = emissions from vehicle running for each pollutant VMT = vehicle miles traveled EFrunning,pollutant = emission factor for running emissions.”6 Thus, there is a direct relationship between trip length and VMT, as well as a direct relationship between VMT and vehicle running emissions. In other words, when the trip length is increased, the VMT and vehicle running emissions increase as a result. Thus, vehicle running emissions can be reduced by decreasing the average overall trip length, by way of a local hire requirement or otherwise. Default Worker Trip Parameters and Potential Local Hire Requirements As previously discussed, the number, length, and vehicle class of worker trips are utilized by CalEEMod to calculate emissions associated with the on-road vehicle trips required to transport workers to and from the Project site during construction.7 In order to understand how local hire requirements and associated worker trip length reductions impact GHG emissions calculations, it is important to consider the CalEEMod default worker trip parameters. CalEEMod provides recommended default values based on site-specific information, such as land use type, meteorological data, total lot acreage, project type and typical equipment associated with project type. If more specific project information is known, the user can change the default values and input project- specific values, but the California Environmental Quality Act (“CEQA”) requires that such changes be justified by substantial evidence.8 The default number of construction-related worker trips is calculated by multiplying the 4 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/02 appendix-a2016-3-2.pdf?sfvrsn=6, p. 14-15. 5 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/02 appendix-a2016-3-2.pdf?sfvrsn=6, p. 23. 6 “Appendix A Calculation Details for CalEEMod.” CAPCOA, October 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/02 appendix-a2016-3-2.pdf?sfvrsn=6, p. 15. 7 “CalEEMod User’s Guide.” CAPCOA, November 2017, available at: http://www.aqmd.gov/docs/default- source/caleemod/01 user-39-s-guide2016-3-2 15november2017.pdf?sfvrsn=4, p. 34. 8 CalEEMod User Guide, available at: http://www.caleemod.com/, p. 1, 9. 182 183 184 5 Disclaimer SWAPE has received limited discovery. Additional information may become available in the future; thus, we retain the right to revise or amend this report when additional information becomes available. Our professional services have been performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable environmental consultants practicing in this or similar localities at the time of service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties. Sincerely, Matt Hagemann, P.G., C.Hg. Paul E. Rosenfeld, Ph.D. 185 Location Type Location Name Rural H-W (miles) Urban H-W (miles) Air Basin Great Basin 16.8 10.8 Air Basin Lake County 16.8 10.8 Air Basin Lake Tahoe 16.8 10.8 Air Basin Mojave Desert 16.8 10.8 Air Basin Mountain 16.8 10.8 Air Basin North Central 17.1 12.3 Air Basin North Coast 16.8 10.8 Air Basin Northeast 16.8 10.8 Air Basin Sacramento 16.8 10.8 Air Basin Salton Sea 14.6 11 Air Basin San Diego 16.8 10.8 Air Basin San Francisco 10.8 10.8 Air Basin San Joaquin 16.8 10.8 Air Basin South Central 16.8 10.8 Air Basin South Coast 19.8 14.7 Air District Amador County 16.8 10.8 Air District Antelope Valley 16.8 10.8 Air District Bay Area AQMD 10.8 10.8 Air District Butte County 12.54 12.54 Air District Calaveras 16.8 10.8 Air District Colusa County 16.8 10.8 Air District El Dorado 16.8 10.8 Air District Feather River 16.8 10.8 Air District Glenn County 16.8 10.8 Air District Great Basin 16.8 10.8 Air District Imperial County 10.2 7.3 Air District Kern County 16.8 10.8 Air District Lake County 16.8 10.8 Air District Lassen County 16.8 10.8 Air District Mariposa 16.8 10.8 Air District Mendocino 16.8 10.8 Air District Modoc County 16.8 10.8 Air District Mojave Desert 16.8 10.8 Air District Monterey Bay 16.8 10.8 Air District North Coast 16.8 10.8 Air District Northern Sierra 16.8 10.8 Air District Northern 16.8 10.8 Air District Placer County 16.8 10.8 Air District Sacramento 15 10 Attachment A 186 Air District San Diego 16.8 10.8 Air District San Joaquin 16.8 10.8 Air District San Luis Obispo 13 13 Air District Santa Barbara 8.3 8.3 Air District Shasta County 16.8 10.8 Air District Siskiyou County 16.8 10.8 Air District South Coast 19.8 14.7 Air District Tehama County 16.8 10.8 Air District Tuolumne 16.8 10.8 Air District Ventura County 16.8 10.8 Air District Yolo/Solano 15 10 County Alameda 10.8 10.8 County Alpine 16.8 10.8 County Amador 16.8 10.8 County Butte 12.54 12.54 County Calaveras 16.8 10.8 County Colusa 16.8 10.8 County Contra Costa 10.8 10.8 County Del Norte 16.8 10.8 County El Dorado-Lake 16.8 10.8 County El Dorado-16.8 10.8 County Fresno 16.8 10.8 County Glenn 16.8 10.8 County Humboldt 16.8 10.8 County Imperial 10.2 7.3 County Inyo 16.8 10.8 County Kern-Mojave 16.8 10.8 County Kern-San 16.8 10.8 County Kings 16.8 10.8 County Lake 16.8 10.8 County Lassen 16.8 10.8 County Los Angeles-16.8 10.8 County Los Angeles-19.8 14.7 County Madera 16.8 10.8 County Marin 10.8 10.8 County Mariposa 16.8 10.8 County Mendocino-16.8 10.8 County Mendocino-16.8 10.8 County Mendocino-16.8 10.8 County Mendocino-16.8 10.8 County Merced 16.8 10.8 County Modoc 16.8 10.8 County Mono 16.8 10.8 County Monterey 16.8 10.8 County Napa 10.8 10.8 187 County Nevada 16.8 10.8 County Orange 19.8 14.7 County Placer-Lake 16.8 10.8 County Placer-Mountain 16.8 10.8 County Placer-16.8 10.8 County Plumas 16.8 10.8 County Riverside-16.8 10.8 County Riverside- 19.8 14.7 County Riverside-Salton 14.6 11 County Riverside-South 19.8 14.7 County Sacramento 15 10 County San Benito 16.8 10.8 County San Bernardino- 16.8 10.8 County San Bernardino- 19.8 14.7 County San Diego 16.8 10.8 County San Francisco 10.8 10.8 County San Joaquin 16.8 10.8 County San Luis Obispo 13 13 County San Mateo 10.8 10.8 County Santa Barbara- 8.3 8.3 County Santa Barbara- 8.3 8.3 County Santa Clara 10.8 10.8 County Santa Cruz 16.8 10.8 County Shasta 16.8 10.8 County Sierra 16.8 10.8 County Siskiyou 16.8 10.8 County Solano-15 10 County Solano-San 16.8 10.8 County Sonoma-North 16.8 10.8 County Sonoma-San 10.8 10.8 County Stanislaus 16.8 10.8 County Sutter 16.8 10.8 County Tehama 16.8 10.8 County Trinity 16.8 10.8 County Tulare 16.8 10.8 County Tuolumne 16.8 10.8 County Ventura 16.8 10.8 County Yolo 15 10 County Yuba 16.8 10.8 Statewide Statewide 16.8 10.8 188 Air Basin Rural (miles)Urban (miles) Great Basin Valleys 16.8 10.8 Lake County 16.8 10.8 Lake Tahoe 16.8 10.8 Mojave Desert 16.8 10.8 Mountain Counties 16.8 10.8 North Central Coast 17.1 12.3 North Coast 16.8 10.8 Northeast Plateau 16.8 10.8 Sacramento Valley 16.8 10.8 Salton Sea 14.6 11 San Diego 16.8 10.8 San Francisco Bay Area 10.8 10.8 San Joaquin Valley 16.8 10.8 South Central Coast 16.8 10.8 South Coast 19.8 14.7 Average 16.47 11.17 Mininum 10.80 10.80 Maximum 19.80 14.70 Range 9.00 3.90 Worker Trip Length by Air Basin 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 11.0 Vegetation Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 1/6/2021 1:52 PMPage 44 of 44 Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Annual 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 11.0 Vegetation Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 1/6/2021 1:54 PMPage 35 of 35 Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Summer 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 11.0 Vegetation Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 1/6/2021 1:49 PMPage 35 of 35 Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Winter 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 11.0 Vegetation Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 1/12/2021 2:26 PMPage 44 of 44 Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Annual 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 11.0 Vegetation Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 1/12/2021 2:29 PMPage 35 of 35 Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Summer 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 11.0 Vegetation Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 1/12/2021 2:30 PMPage 35 of 35 Village South Specific Plan (Proposed) - Los Angeles-South Coast County, Winter 417 Total Construction GHG Emissions (MT CO2e)3,623 Amortized (MT CO2e/year) 120.77 Total Construction GHG Emissions (MT CO2e)3,024 Amortized (MT CO2e/year) 100.80 % Decrease in Construction-related GHG Emissions 17% Local Hire Provision Net Change With Local Hire Provision Without Local Hire Provision Attachment C 418 EXHIBIT B 419 SOIL WATER AIR PROTECTION ENTERPRISE 2656 29th Street, Suite 201 Santa Monica, California 90405 Attn: Paul Rosenfeld, Ph.D. Mobil: (310) 795-2335 Office: (310) 452-5555 Fax: (310) 452-5550 Email: prosenfeld@swape.com Paul E. Rosenfeld, Ph.D. Page 1 of 10 June 2019 Paul Rosenfeld, Ph.D. Chemical Fate and Transport & Air Dispersion Modeling Principal Environmental Chemist Risk Assessment & Remediation Specialist Education Ph.D. Soil Chemistry, University of Washington, 1999. Dissertation on volatile organic compound filtration. M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics. B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment. Professional Experience Dr. Rosenfeld has over 25 years’ experience conducting environmental investigations and risk assessments for evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr. Rosenfeld has evaluated and modeled emissions from unconventional oil drilling operations, oil spills, landfills, boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, and many other industrial and agricultural sources. His project experience ranges from monitoring and modeling of pollution sources to evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities. Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents, pesticides, radioactive waste, dioxins and furans, semi- and volatile organic compounds, PCBs, PAHs, perchlorate, asbestos, per- and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance impacts and technologies for abatement of odorous emissions. As a principal scientist at SWAPE, Dr. Rosenfeld directs air dispersion modeling and exposure assessments. He has served as an expert witness and testified about pollution sources causing nuisance and/or personal injury at dozens of sites and has testified as an expert witness on more than ten cases involving exposure to air contaminants from industrial sources. 420 Paul E. Rosenfeld, Ph.D. Page 2 of 10 June 2019 Professional History: Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Founding Partner UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher) UCLA School of Public Health; 2003 to 2006; Adjunct Professor UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator UCLA Institute of the Environment, 2001-2002; Research Associate Komex H2O Science, 2001 to 2003; Senior Remediation Scientist National Groundwater Association, 2002-2004; Lecturer San Diego State University, 1999-2001; Adjunct Professor Anteon Corp., San Diego, 2000-2001; Remediation Project Manager Ogden (now Amec), San Diego, 2000-2000; Remediation Project Manager Bechtel, San Diego, California, 1999 – 2000; Risk Assessor King County, Seattle, 1996 – 1999; Scientist James River Corp., Washington, 1995-96; Scientist Big Creek Lumber, Davenport, California, 1995; Scientist Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist Publications: Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48 Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property Value. Journal of Real Estate Research. 27(3):321-342 Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C., (2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632. Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing. Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing. Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL. Procedia Environmental Sciences. 113–125. Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal of Environmental Health. 73(6), 34-46. Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing. Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing. Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air Pollution, 123 (17), 319-327. 421 Paul E. Rosenfeld, Ph.D. Page 3 of 10 June 2019 Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255. Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527- 000530. Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near a Former Wood Treatment Facility. Environmental Research. 105, 194-197. Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357. Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater, Compost And The Urban Environment. Water Science & Technology 55(5), 335-344. Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food, Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science and Technology. 49(9),171-178. Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor-Quality-Wheel Classification Scheme For The Urban Environment. Water Environment Federation’s Technical Exhibition and Conference (WEFTEC) 2004. New Orleans, October 2-6, 2004. Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities, and the Land Application of Biosolids. Water Science and Technology. 49(9), 193-199. Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science and Technology, 49( 9), 171-178. Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from Windrows, Static Pile and Biofilter. Water Environment Research. 76(4), 310-315. Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management Board Public Affairs Office, Publications Clearinghouse (MS–6), Sacramento, CA Publication #442-02-008. Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water Soil and Air Pollution. 127(1-4), 173-191. Rosenfeld, P.E., and Henry C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal of Environmental Quality. 29, 1662-1668. Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor emissions and microbial activity. Water Environment Research. 73(4), 363-367. Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and Biosolids Odorants. Water Environment Research, 73, 388-393. Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor. Water Environment Research. 131(1-4), 247-262. 422 Paul E. Rosenfeld, Ph.D. Page 4 of 10 June 2019 Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and distributed by the City of Redmond, Washington State. Rosenfeld, P. E. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2). Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users Network, 7(1). Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources. Rosenfeld, P. E. (1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters thesis reprinted by the Sierra County Economic Council. Sierra County, California. Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses Of Biogas In The First And Third World. Bachelors Thesis. University of California. Presentations: Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile organic emissions from multiple natural gas wells in Decatur, TX. 44th Western Regional Meeting, American Chemical Society. Lecture conducted from Santa Clara, CA. Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom-Stack, T.; Sahai, R.K.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water. Urban Environmental Pollution. Lecture conducted from Boston, MA. Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom-Stack, T.; Sahai, R.K.; La, M.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis, Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA. Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS) Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting, Lecture conducted from Tuscon, AZ. Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United States” Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting . Lecture conducted from Tuscon, AZ. Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air Pollution XVII: Proceedings of the Seventeenth International Conference on Modeling, Monitoring and Management of Air Pollution. Lecture conducted from Tallinn, Estonia. Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing Facility. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium-Contaminated Water Into A Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant . The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA. 423 Paul E. Rosenfeld, Ph.D. Page 5 of 10 June 2019 Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment Facility Emissions. The 23rd Annual International Conferences on Soils Sediment and Water. Lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3- Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting . Lecture conducted from San Diego, CA. Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala, Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA. Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 – 25, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on Halogenated Persistent Organic Pollutants – DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia Hotel in Oslo Norway. Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. APHA 134 Annual Meeting & Exposition. Lecture conducted from Boston Massachusetts. Paul Rosenfeld Ph.D. (October 24-25, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals. Mealey’s C8/PFOA. Science, Risk & Litigation Conference. Lecture conducted from The Rittenhouse Hotel, Philadelphia, PA. Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel, Irvine California. Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California. Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey’s Groundwater Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California. Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals. International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from Sheraton Oceanfront Hotel, Virginia Beach, Virginia. Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland. Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland. Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois. Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust. Lecture conducted from Phoenix Arizona. Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River. Meeting of tribal representatives. Lecture conducted from Parker, AZ. 424 Paul E. Rosenfeld, Ph.D. Page 6 of 10 June 2019 Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners. Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento, California. Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL. Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21, 2003) Understanding Historical Use, Chemical Properties, Toxicity and Regulatory Guidance of 1,4 Dioxane. National Groundwater Association. Southwest Focus Conference. Water Supply and Emerging Contaminants.. Lecture conducted from Hyatt Regency Phoenix Arizona. Paul Rosenfeld, Ph.D. (February 6-7, 2003). Underground Storage Tank Litigation and Remediation. California CUPA Forum. Lecture conducted from Marriott Hotel, Anaheim California. Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA Underground Storage Tank Roundtable. Lecture conducted from Sacramento California. Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Understanding Odor from Compost, Wastewater and Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain. Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Using High Carbon Wood Ash to Control Compost Odor. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association . Lecture conducted from Barcelona Spain. Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration. Northwest Biosolids Management Association. Lecture conducted from Vancouver Washington.. Rosenfeld, P.E. and Grey, M. A. (November 11-14, 2002). Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from Indianapolis, Maryland. Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water Environment Federation. Lecture conducted from Anaheim California. Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted from Ocean Shores, California. Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recovery Association. Lecture conducted from Sacramento California. Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington. Rosenfeld, P.E., and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil Science Society of America. Lecture conducted from Salt Lake City Utah. Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington. Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from Biosolids Application To Forest Soil. Biofest. Lecture conducted from Lake Chelan, Washington. 425 Paul E. Rosenfeld, Ph.D. Page 7 of 10 June 2019 Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington. Rosenfeld, P.E., C.L. Henry, R. B. Harrison, and R. Dills. (1997). Comparison of Odor Emissions From Three Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim California. Teaching Experience: UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science 100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on the health effects of environmental contaminants. National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage tanks. National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1, 2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites. California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design. UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation Technologies focusing on Groundwater Remediation. University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry, Organic Soil Amendments, and Soil Stability. U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10. Academic Grants Awarded: California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment. Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001. Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University. Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000. King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on VOC emissions. 1998. Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of polymers and ash on VOC emissions from biosolids. 1997. James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered Poplar trees with resistance to round-up. 1996. United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the Tahoe National Forest. 1995. Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts in West Indies. 1993 426 Paul E. Rosenfeld, Ph.D. Page 8 of 10 June 2019 Deposition and/or Trial Testimony: In the United States District Court For The District of New Jersey Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant. Case No.: 2:17-cv-01624-ES-SCM Rosenfeld Deposition. 6-7-2019 In the United States District Court of Southern District of Texas Galveston Division M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS “Conti Perdido” Defendant. Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237 Rosenfeld Deposition. 5-9-2019 In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants Case No.: No. BC615636 Rosenfeld Deposition, 1-26-2019 In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants Case No.: No. BC646857 Rosenfeld Deposition, 10-6-2018; Trial 3-7-19 In United States District Court For The District of Colorado Bells et al. Plaintiff vs. The 3M Company et al., Defendants Case: No 1:16-cv-02531-RBJ Rosenfeld Deposition, 3-15-2018 and 4-3-2018 In The District Court Of Regan County, Texas, 112th Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No 1923 Rosenfeld Deposition, 11-17-2017 In The Superior Court of the State of California In And For The County Of Contra Costa Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants Cause No C12-01481 Rosenfeld Deposition, 11-20-2017 In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295 Rosenfeld Deposition, 8-23-2017 In The Superior Court of the State of California, For The County of Los Angeles Warrn Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC Case No.: LC102019 (c/w BC582154) Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018 In the Northern District Court of Mississippi, Greenville Division Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants Case Number: 4:16-cv-52-DMB-JVM Rosenfeld Deposition: July 2017 427 Paul E. Rosenfeld, Ph.D. Page 9 of 10 June 2019 In The Superior Court of the State of Washington, County of Snohomish Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants Case No.: No. 13-2-03987-5 Rosenfeld Deposition, February 2017 Trial, March 2017 In The Superior Court of the State of California, County of Alameda Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants Case No.: RG14711115 Rosenfeld Deposition, September 2015 In The Iowa District Court In And For Poweshiek County Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants Case No.: LALA002187 Rosenfeld Deposition, August 2015 In The Iowa District Court For Wapello County Jerry Dovico, et al., Plaintiffs vs. Valley View Sine LLC, et al., Defendants Law No,: LALA105144 - Division A Rosenfeld Deposition, August 2015 In The Iowa District Court For Wapello County Doug Pauls, et al.,, et al., Plaintiffs vs. Richard Warren, et al., Defendants Law No,: LALA105144 - Division A Rosenfeld Deposition, August 2015 In The Circuit Court of Ohio County, West Virginia Robert Andrews, et al. v. Antero, et al. Civil Action N0. 14-C-30000 Rosenfeld Deposition, June 2015 In The Third Judicial District County of Dona Ana, New Mexico Betty Gonzalez, et al. Plaintiffs vs. Del Oro Dairy, Del Oro Real Estate LLC, Jerry Settles and Deward DeRuyter, Defendants Rosenfeld Deposition: July 2015 In The Iowa District Court For Muscatine County Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant Case No 4980 Rosenfeld Deposition: May 2015 In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant. Case Number CACE07030358 (26) Rosenfeld Deposition: December 2014 In the United States District Court Western District of Oklahoma Tommy McCarty, et al., Plaintiffs, v. Oklahoma City Landfill, LLC d/b/a Southeast Oklahoma City Landfill, et al. Defendants. Case No. 5:12-cv-01152-C Rosenfeld Deposition: July 2014 428 Paul E. Rosenfeld, Ph.D. Page 10 of 10 June 2019 In the County Court of Dallas County Texas Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant. Case Number cc-11-01650-E Rosenfeld Deposition: March and September 2013 Rosenfeld Trial: April 2014 In the Court of Common Pleas of Tuscarawas County Ohio John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987) Rosenfeld Deposition: October 2012 In the United States District Court of Southern District of Texas Galveston Division Kyle Cannon, Eugene Donovan, Genaro Ramirez, Carol Sassler, and Harvey Walton, each Individually and on behalf of those similarly situated, Plaintiffs, vs. BP Products North America, Inc., Defendant. Case 3:10-cv-00622 Rosenfeld Deposition: February 2012 Rosenfeld Trial: April 2013 In the Circuit Court of Baltimore County Maryland Philip E. Cvach, II et al., Plaintiffs vs. Two Farms, Inc. d/b/a Royal Farms, Defendants Case Number: 03-C-12-012487 OT Rosenfeld Deposition: September 2013 429 EXHIBIT C 430 1640 5th St.., Suite 204 Santa Santa Monica, California 90401 Tel: (949) 887‐9013 Email: mhagemann@swape.com Matthew F. Hagemann, P.G., C.Hg., QSD, QSP Geologic and Hydrogeologic Characterization Industrial Stormwater Compliance Investigation and Remediation Strategies Litigation Support and Testifying Expert CEQA Review Education: M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA, 1984. B.A. Degree, Geology, Humboldt State University, Arcata, CA, 1982. Professional Certifications: California Professional Geologist California Certified Hydrogeologist Qualified SWPPP Developer and Practitioner Professional Experience: Matt has 25 years of experience in environmental policy, assessment and remediation. He spent nine years with the U.S. EPA in the RCRA and Superfund programs and served as EPA’s Senior Science Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of the assessment of seven major military facilities undergoing base closure. He led numerous enforcement actions under provisions of the Resource Conservation and Recovery Act (RCRA) while also working with permit holders to improve hydrogeologic characterization and water quality monitoring. Matt has worked closely with U.S. EPA legal counsel and the technical staff of several states in the application and enforcement of RCRA, Safe Drinking Water Act and Clean Water Act regulations. Matt has trained the technical staff in the States of California, Hawaii, Nevada, Arizona and the Territory of Guam in the conduct of investigations, groundwater fundamentals, and sampling techniques. Positions Matt has held include: •Founding Partner, Soil/Water/Air Protection Enterprise (SWAPE) (2003 – present); •Geology Instructor, Golden West College, 2010 – 2014; •Senior Environmental Analyst, Komex H2O Science, Inc. (2000 ‐‐ 2003); 431 • Executive Director, Orange Coast Watch (2001 – 2004); • Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989– 1998); • Hydrogeologist, National Park Service, Water Resources Division (1998 – 2000); • Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 – 1998); • Instructor, College of Marin, Department of Science (1990 – 1995); • Geologist, U.S. Forest Service (1986 – 1998); and • Geologist, Dames & Moore (1984 – 1986). Senior Regulatory and Litigation Support Analyst: With SWAPE, Matt’s responsibilities have included: • Lead analyst and testifying expert in the review of over 100 environmental impact reports since 2003 under CEQA that identify significant issues with regard to hazardous waste, water resources, water quality, air quality, Valley Fever, greenhouse gas emissions, and geologic hazards. Make recommendations for additional mitigation measures to lead agencies at the local and county level to include additional characterization of health risks and implementation of protective measures to reduce worker exposure to hazards from toxins and Valley Fever. • Stormwater analysis, sampling and best management practice evaluation at industrial facilities. • Manager of a project to provide technical assistance to a community adjacent to a former Naval shipyard under a grant from the U.S. EPA. • Technical assistance and litigation support for vapor intrusion concerns. • Lead analyst and testifying expert in the review of environmental issues in license applications for large solar power plants before the California Energy Commission. • Manager of a project to evaluate numerous formerly used military sites in the western U.S. • Manager of a comprehensive evaluation of potential sources of perchlorate contamination in Southern California drinking water wells. • Manager and designated expert for litigation support under provisions of Proposition 65 in the review of releases of gasoline to sources drinking water at major refineries and hundreds of gas stations throughout California. • Expert witness on two cases involving MTBE litigation. • Expert witness and litigation support on the impact of air toxins and hazards at a school. • Expert witness in litigation at a former plywood plant. With Komex H2O Science Inc., Matt’s duties included the following: • Senior author of a report on the extent of perchlorate contamination that was used in testimony by the former U.S. EPA Administrator and General Counsel. • Senior researcher in the development of a comprehensive, electronically interactive chronology of MTBE use, research, and regulation. • Senior researcher in the development of a comprehensive, electronically interactive chronology of perchlorate use, research, and regulation. • Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking water treatment, results of which were published in newspapers nationwide and in testimony against provisions of an energy bill that would limit liability for oil companies. • Research to support litigation to restore drinking water supplies that have been contaminated by MTBE in California and New York. 2 432 • Expert witness testimony in a case of oil production‐related contamination in Mississippi. • Lead author for a multi‐volume remedial investigation report for an operating school in Los Angeles that met strict regulatory requirements and rigorous deadlines. 3 433 • Development of strategic approaches for cleanup of contaminated sites in consultation with clients and regulators. Executive Director: As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange County beaches from multiple sources of contamination including urban runoff and the discharge of wastewater. In reporting to a Board of Directors that included representatives from leading Orange County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the development of countywide water quality permits for the control of urban runoff and permits for the discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council. Hydrogeology: As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army Airfield, and Sacramento Army Depot. Specific activities were as follows: • Led efforts to model groundwater flow and contaminant transport, ensured adequacy of monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and groundwater. • Initiated a regional program for evaluation of groundwater sampling practices and laboratory analysis at military bases. • Identified emerging issues, wrote technical guidance, and assisted in policy and regulation development through work on four national U.S. EPA workgroups, including the Superfund Groundwater Technical Forum and the Federal Facilities Forum. At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and published by the State of Hawaii and County of Maui. As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included the following: • Received an EPA Bronze Medal for his contribution to the development of national guidance for the protection of drinking water. • Managed the Sole Source Aquifer Program and protected the drinking water of two communities through designation under the Safe Drinking Water Act. He prepared geologic reports, conducted public hearings, and responded to public comments from residents who were very concerned about the impact of designation. 4 434 • Reviewed a number of Environmental Impact Statements for planned major developments, including large hazardous and solid waste disposal facilities, mine reclamation, and water transfer. Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows: • Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements. • Reviewed and wrote ʺpart Bʺ permits for the disposal of hazardous waste. • Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed the basis for significant enforcement actions that were developed in close coordination with U.S. EPA legal counsel. • Wrote contract specifications and supervised contractor’s investigations of waste sites. With the National Park Service, Matt directed service‐wide investigations of contaminant sources to prevent degradation of water quality, including the following tasks: • Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the Clean Water Act to control military, mining, and landfill contaminants. • Conducted watershed‐scale investigations of contaminants at parks, including Yellowstone and Olympic National Park. • Identified high‐levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on appropriate response actions under CERCLA. • Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a national workgroup. • Developed a program to conduct environmental compliance audits of all National Parks while serving on a national workgroup. • Co‐authored two papers on the potential for water contamination from the operation of personal watercraft and snowmobiles, these papers serving as the basis for the development of nation‐ wide policy on the use of these vehicles in National Parks. • Contributed to the Federal Multi‐Agency Source Water Agreement under the Clean Water Action Plan. Policy: Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection Agency, Region 9. Activities included the following: • Advised the Regional Administrator and senior management on emerging issues such as the potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking water supplies. • Shaped EPA’s national response to these threats by serving on workgroups and by contributing to guidance, including the Office of Research and Development publication, Oxygenates in Water: Critical Information and Research Needs. • Improved the technical training of EPAʹs scientific and engineering staff. • Earned an EPA Bronze Medal for representing the region’s 300 scientists and engineers in negotiations with the Administrator and senior management to better integrate scientific principles into the policy‐making process. • Established national protocol for the peer review of scientific documents. 5 435 Geology: With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific activities were as follows: • Mapped geology in the field, and used aerial photographic interpretation and mathematical models to determine slope stability. • Coordinated his research with community members who were concerned with natural resource protection. • Characterized the geology of an aquifer that serves as the sole source of drinking water for the city of Medford, Oregon. As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern Oregon. Duties included the following: • Supervised year‐long effort for soil and groundwater sampling. • Conducted aquifer tests. • Investigated active faults beneath sites proposed for hazardous waste disposal. Teaching: From 1990 to 1998, Matt taught at least one course per semester at the community college and university levels: • At San Francisco State University, held an adjunct faculty position and taught courses in environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater contamination. • Served as a committee member for graduate and undergraduate students. • Taught courses in environmental geology and oceanography at the College of Marin. Matt taught physical geology (lecture and lab and introductory geology at Golden West College in Huntington Beach, California from 2010 to 2014. Invited Testimony, Reports, Papers and Presentations: Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public Environmental Law Conference, Eugene, Oregon. Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S. EPA Region 9, San Francisco, California. Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and Public Participation. Brownfields 2005, Denver, Coloradao. Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las Vegas, NV (served on conference organizing committee). Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at schools in Southern California, Los Angeles. 6 436 Brown, A., Farrow, J., Gray, A. and Hagemann, M., 2004. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to the Ground Water and Environmental Law Conference, National Groundwater Association. Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Phoenix, AZ (served on conference organizing committee). Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy of Sciences, Irvine, CA. Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a tribal EPA meeting, Pechanga, CA. Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a meeting of tribal repesentatives, Parker, AZ. Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter‐Tribal Meeting, Torres Martinez Tribe. Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant. Invited presentation to the U.S. EPA Region 9. Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited presentation to the California Assembly Natural Resources Committee. Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental Journalists. Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater (and Who Will Pay). Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and State Underground Storage Tank Program managers. Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MTBE in Groundwater. Unpublished report. 7 437 Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water. Unpublished report. Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage Tanks. Unpublished report. Hagemann, M.F., and VanMouwerik, M., 1999. Potential Water Quality Concerns Related to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report. VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water Resources Division, National Park Service, Technical Report. Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright Society Biannual Meeting, Asheville, North Carolina. Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada. Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City. Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui, October 1996. Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air and Waste Management Association Publication VIP‐61. Hagemann, M.F., 1994. Groundwater Characterization and Cleanup at Closing Military Bases in California. Proceedings, California Groundwater Resources Association Meeting. Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of Groundwater. Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL‐ contaminated Groundwater. California Groundwater Resources Association Meeting. 8 438 Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of Prevention... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35. Other Experience: Selected as subject matter expert for the California Professional Geologist licensing examination, 2009‐ 2011. 9 439 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE June 2023 ATTACHMENT 2 Green text indicates a new zoning designation Red text indicates a change in density for an existing zoning designation PROPOSED 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-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. 440 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE June 2023 ATTACHMENT 2 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 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. 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. 441 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE June 2023 ATTACHMENT 2 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 442 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE June 2023 ATTACHMENT 2 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. 443 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE June 2023 ATTACHMENT 2 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 O-S – Open Space M-1 – Industrial Park (1.0 FAR) M-2 – Limited Industrial (1.0 FAR) R-1 - Single Family Residential (8.0 DU/AC) R-2 – Medium Density Residential (24.0 DU/AC) R-3 – Multifamily Residential (32.0 DU/AC) 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. 444 ATTACHMENT 3 RESOLUTION NO. PC-2023-692 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SEGMENT 1 OF ZONING ORDINANCE AMENDMENT NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE AND ZONING MAP UPDATE, AND MAKING A DETERMINATION THAT THE ZONING CODE AND ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THERE WITHIN WHEREAS, the City of Moorpark Zoning Code has not been comprehensively updated in more than 30 years and requires revision to ensure that it aligns with the current aspirations and values of the community, the Moorpark General Plan 2050 (“General Plan 2050”), and complies with current state law and regulations; and WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023- 01, known as the “Zoning Code Update” which proposes to amend the City of Moorpark Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5 (Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and Title 17 (Zoning) of the Moorpark Municipal Code; and WHEREAS, the Zoning Code Update has been divided into several segments. This Segment 1 involves the change to the zoning designation of Commissioner Alva’s property on Lantern Drive from RPD-4.5U (4.5 dwelling units/acre) to R-2 (24 dwelling units/acre) and the change in zoning designations of properties within 1,000 feet of her property which include changes from zoning designations RPD-4.5U (4.5 dwelling units/acre) to R-2 (24 dwelling units/acre), and RE (4 dwelling units/acre) to R-1 (8 dwelling units/acre) (as shown in the Zoning Ordinance on file with the City); and WHEREAS, the City, by and through its General Plan Advisory Committee, Planning Commission, City Council, and extensive community and stakeholder outreach, prepared General Plan 2050 as a comprehensive revision and update to the City’s existing General Plan which occurred between 2020 and 2023; and WHEREAS, on May 3, 2023, the City Council certified the Final Program Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution No. 2023-4173; and WHEREAS, pursuant to Government Code Section 65860 the City’s Zoning Ordinances must be consistent with the General Plan 2050 and must be amended within 445 Resolution No. PC-2023-692 Page 2 a reasonable time after any general plan amendment so that it is consistent with adopted General Plan; and WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01 to implement the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update for a 45-day public review period ending on April 24, 2023. During the public review period, 30 public comments were provided in writing to the City on the Draft Zoning Code Update; and WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop for the public to introduce and discuss the proposed Draft Zoning Code Update, approximately 15 members of the community participated; and WHEREAS, on April 17, 2023, the City Council held a Study Session at their regular meeting to consider the Draft Zoning Code Update. The City Council and the public provided comments and suggested revisions to the draft document; and WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted to the City website and a notice emailed to community stakeholders to consider the revisions and make public comments; and WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning Commission considered the Revised Draft Zoning Code Update, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and reached a decision in this matter; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in coordination of the General Plan 2050. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050, including the Zoning Code Update, fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050; and WHEREAS, the Community Development Director has determined that Zoning Ordinance Amendment No. 2023-01 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050. The Draft Zoning Ordinance Amendment No. 2023-01 implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project 446 Resolution No. PC-2023-692 Page 3 Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously- analyzed by the certified Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15168. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The Planning Commission finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. FINDINGS AND EVIDENCE. The findings made in this Resolution are based upon the information and evidence set forth in the Recitals to this Resolution, the Zoning Ordinance Amendment No. 2023-01 (attached as Exhibits A and B and incorporated herein by this reference), the Final Program EIR for the Moorpark General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), the General Plan 2050 (as adopted by City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 3. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that the Zoning Code Update is consistent with, and within the scope of, the environmental analysis conducted as part of the General Plan 2050 and that no further environmental review is required. A. A Notice of Preparation and Program EIR was prepared in coordination with the General Plan Update. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050 that was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050. The Program EIR (State Clearinghouse No. 2022050327) fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level, and analyzed the Zoning Code Update. C. The Draft Zoning Ordinance Amendment implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the 447 Resolution No. PC-2023-692 Page 4 scope of those previously-analyzed by the certified Program EIR for General Plan 2050 and are consistent and conforming to the General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15162. D. The Planning Commission finds, in the exercise of its independent judgment and based on substantial evidence in the whole of the record, and recommends that the City Council find, that no further environmental review is required, including pursuant to Public Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because: (i) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the Project involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects.; (ii) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the circumstances under which the Project is undertaken involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (iii) No information has been presented to the City to demonstrate that there is any new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete showing that the Project will have any significant or more severe effects than those discussed in the prior EIR, or that additional mitigation measures or alternatives would substantially reduce any significant effects on the environment disclosed in the prior EIR. SECTION 4. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings upon which this Resolution is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and available on the City website at www.moorparkca.gov/212/General-Plan. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the Planning Commission in this Resolution. SECTION 5. GENERAL PLAN CONSISTENCY: The Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the General Plan 2050 and is found consistent with the requirements of the plan. More specifically, but not limited to: A. General Plan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to 448 Resolution No. PC-2023-692 Page 5 ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the GP Land Use Plan and revise as needed to reflect General Plan and Housing Element.” B. General Plan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance the state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” C. General Plan 2050 Policy LU 1.1 provides: “Growth respecting Moorpark’s values and character: Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” D. General Plan 2050 Policy LU 1.2 provides: “Types and distribution of land uses: Accommodate population and employment growth attributable to the categories and standards for densities/intensities of the land uses depicted on the Land Use Diagram and as evaluated in the General Plan Program.” The Draft Zoning Code Update amends the Zoning Code so that the zoning districts reflect the land use designations in the General Plan 2050 Land Use Element and is therefore consistent with the General Plan 2050. E. General Plan 2050 Policy LU 3.1 provides: “Housing for all residents: Provide a mix of residential densities to accommodate the housing needs of all members of the community and address Moorpark’s fair share of regional housing needs consistent with the Housing Element.” F. General Plan 2050 Policy LU 3.3 provides: “Broader mix of housing types: Facilitate the development of mid-range, or “missing middle,” housing units such as duplexes, multiplexes, courtyard homes, and townhomes” G. General Plan 2050 Policy LU 3.4 provides: “Reuse of declining commercial properties: Promote the redevelopment of commercial centers and corridors that are underutilized, where businesses have closed, and do not exhibit supportable market demand for economically viable uses desired by the community.” H. General Plan 2050 Policy LU 3.5 provides: “Mixed-use development: Provide for development projects that mix housing with commercial uses to enable Moorpark’s residents to live close to businesses and employment, reducing vehicle trips, and supporting social interactions.” 449 Resolution No. PC-2023-692 Page 6 I. General Plan 2050 Policy LU 5.1 provides: “Development complements existing character: Require that new development be designed to complement Moorpark’s historical family-oriented small-town feel.” J. General Plan 2050 Policy LU 5.5 provides: “Compatible land uses: Require design features that provide visual relief and separation between land uses of conflicting character.” K. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” L. General Plan 2050 Policy LU 6.2 provides: “Development transitions: Require that the scale and massing of new development in higher density locations provide appropriate transitions in building height and bulk that are sensitive to the physical and visual character of the adjoining uses.” M. General Plan 2050 Policy LU 7.2 provides: “Design development to respect natural setting: Require that new development respect, integrate with, and complement the natural features of the land including conforming building massing to topographic forms, restricting grading of steep slopes, and encouraging the preservation of visual horizon lines and significant hillsides as prominent visual features.” The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to ensure compliance with the General Plan and is therefore consistent with the General Plan 2050. SECTION 6. EVIDENCE IN THE RECORD. Prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. The City’s independent consultants and City staff have reviewed and analyzed the comments received on the Draft Zoning Code Update. SECTION 7. PLANNING COMMISSION RECOMMENDATION: Based on all the documents and other evidence presented in connection with this proceeding and in this Resolution, the Planning Commission recommends that the City Council approve Segment 1 of Zoning Ordinance Amendment No. 2023-01. 450 Resolution No. PC-2023-692 Page 7 SECTION 8. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Barrett, DiCecco, and Chair Landis NOES: ABSTAIN: Commissioner Alva ABSENT: PASSED, AND ADOPTED this 22nd day of June 2023. Kipp Landis Chair Carlene Saxton Community Development Director Attachments: EXHIBIT A: Draft Zoning Ordinance Amendment Map EXHIBIT B: Draft Zoning Ordinance Amendment Text (On File with the City dated June 16, 2023) Incorporated by Reference: Final Program Environmental Impact Report for General Plan 2050 and General Plan 2050 (available by reference by link www.moorparkca.gov/212/General-Plan) 451 Resolution No. PC-2023-692 Page 8 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP 452 Resolution No. PC-2023-692 Page 9 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT (On File with the City dated June 16, 2023) 453 ATTACHMENT 4 RESOLUTION NO. PC-2023-693 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SEGMENT 2 OF ZONING ORDINANCE AMENDMENT NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE AND ZONING MAP UPDATE, AND MAKING A DETERMINATION THAT THE ZONING CODE AND ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THERE WITHIN WHEREAS, the City of Moorpark Zoning Code has not been comprehensively updated in more than 30 years and requires revision to ensure that it aligns with the current aspirations and values of the community, the Moorpark General Plan 2050 (“General Plan 2050”), and complies with current state law and regulations; and WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023- 01, known as the “Zoning Code Update” which proposes to amend the City of Moorpark Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5 (Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and Title 17 (Zoning) of the Moorpark Municipal Code; and WHEREAS, the Zoning Code Update has been divided into several segments. This Segment 2 involves the change to the zoning designation of Commissioner Barrett’s property on Walnut Canyon Road from RE-5AC (4 dwelling units/acre) to RA (1 dwelling unit/acre) and the change in zoning designations of properties within 1,000 feet of his property which include changes from zoning designations RE-5AC (4 dwelling units/acre) to RA (1 dwelling unit/acre) and RPD-1.8U (1.8 dwelling units/acre) to R-L (3 dwelling units/acre). This segment also contains the zoning text proposing to amend paragraph D of Section 17.28.030 of the Moorpark Municipal code pertaining to animal keeping on properties with a minimum area of five acres subject to a conditional use permit (as shown in the Zoning Ordinance on file with the City); and WHEREAS, the City, by and through its General Plan Advisory Committee, Planning Commission, City Council, and extensive community and stakeholder outreach, prepared General Plan 2050 as a comprehensive revision and update to the City’s existing General Plan which occurred between 2020 and 2023; and WHEREAS, on May 3, 2023, the City Council certified the Final Program Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution No. 2023-4173; and 454 Resolution No. PC-2023-693 Page 2 WHEREAS, pursuant to Government Code Section 65860 the City’s Zoning Ordinances must be consistent with the General Plan 2050 and must be amended within a reasonable time after any general plan amendment so that it is consistent with adopted General Plan; and WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01 to implement the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update for a 45-day public review period ending on April 24, 2023. During the public review period, 30 public comments were provided in writing to the City on the Draft Zoning Code Update; and WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop for the public to introduce and discuss the proposed Draft Zoning Code Update, approximately 15 members of the community participated; and WHEREAS, on April 17, 2023, the City Council held a Study Session at their regular meeting to consider the Draft Zoning Code Update. The City Council and the public provided comments and suggested revisions to the draft document; and WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted to the City website and a notice emailed to community stakeholders to consider the revisions and make public comments; and WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning Commission considered the Revised Draft Zoning Code Update, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and reached a decision in this matter; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in coordination of the General Plan 2050. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050, including the Zoning Code Update, fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050; and WHEREAS, the Community Development Director has determined that Zoning Ordinance Amendment No. 2023-01 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050. The Draft Zoning Ordinance 455 Resolution No. PC-2023-693 Page 3 Amendment No. 2023-01 implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously- analyzed by the certified Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15168. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The Planning Commission finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. FINDINGS AND EVIDENCE. The findings made in this Resolution are based upon the information and evidence set forth in the Recitals to this Resolution, the Zoning Ordinance Amendment No. 2023-01 (attached as Exhibits A and B and incorporated herein by this reference), the Final Program EIR for the Moorpark General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), the General Plan 2050 (as adopted by City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 3. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that the Zoning Code Update is consistent with, and within the scope of, the environmental analysis conducted as part of the General Plan 2050 and that no further environmental review is required. A. A Notice of Preparation and Program EIR was prepared in coordination with the General Plan Update. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050 that was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050. The Program EIR (State Clearinghouse No. 2022050327) fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level, and analyzed the Zoning Code Update. C. The Draft Zoning Ordinance Amendment implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified 456 Resolution No. PC-2023-693 Page 4 as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously-analyzed by the certified Program EIR for General Plan 2050 and are consistent and conforming to the General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15162. D. The Planning Commission finds, in the exercise of its independent judgment and based on substantial evidence in the whole of the record, and recommends that the City Council find, that no further environmental review is required, including pursuant to Public Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because: (i) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the Project involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects.; (ii) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the circumstances under which the Project is undertaken involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (iii) No information has been presented to the City to demonstrate that there is any new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete showing that the Project will have any significant or more severe effects than those discussed in the prior EIR, or that additional mitigation measures or alternatives would substantially reduce any significant effects on the environment disclosed in the prior EIR. SECTION 4. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings upon which this Resolution is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and available on the City website at www.moorparkca.gov/212/General-Plan. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the Planning Commission in this Resolution. SECTION 5. GENERAL PLAN CONSISTENCY: The Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the General Plan 2050 and is found consistent with the requirements of the plan. More specifically, but not limited to: A. General Plan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development 457 Resolution No. PC-2023-693 Page 5 projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the GP Land Use Plan and revise as needed to reflect General Plan and Housing Element.” B. General Plan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance the state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” C. General Plan 2050 Policy LU 1.1 provides: “Growth respecting Moorpark’s values and character: Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” D. General Plan 2050 Policy LU 1.2 provides: “Types and distribution of land uses: Accommodate population and employment growth attributable to the categories and standards for densities/intensities of the land uses depicted on the Land Use Diagram and as evaluated in the General Plan Program.” The Draft Zoning Code Update amends the Zoning Code so that the zoning districts reflect the land use designations in the General Plan 2050 Land Use Element and is therefore consistent with the General Plan 2050. E. General Plan 2050 Policy LU 3.1 provides: “Housing for all residents: Provide a mix of residential densities to accommodate the housing needs of all members of the community and address Moorpark’s fair share of regional housing needs consistent with the Housing Element.” F. General Plan 2050 Policy LU 3.3 provides: “Broader mix of housing types: Facilitate the development of mid-range, or “missing middle,” housing units such as duplexes, multiplexes, courtyard homes, and townhomes” G. General Plan 2050 Policy LU 3.4 provides: “Reuse of declining commercial properties: Promote the redevelopment of commercial centers and corridors that are underutilized, where businesses have closed, and do not exhibit supportable market demand for economically viable uses desired by the community.” H. General Plan 2050 Policy LU 3.5 provides: “Mixed-use development: Provide for development projects that mix housing with commercial uses to enable Moorpark’s residents to live close to businesses and employment, reducing vehicle trips, and supporting social interactions.” 458 Resolution No. PC-2023-693 Page 6 I. General Plan 2050 Policy LU 5.1 provides: “Development complements existing character: Require that new development be designed to complement Moorpark’s historical family-oriented small-town feel.” J. General Plan 2050 Policy LU 5.5 provides: “Compatible land uses: Require design features that provide visual relief and separation between land uses of conflicting character.” K. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” L. General Plan 2050 Policy LU 6.2 provides: “Development transitions: Require that the scale and massing of new development in higher density locations provide appropriate transitions in building height and bulk that are sensitive to the physical and visual character of the adjoining uses.” M. General Plan 2050 Policy LU 7.2 provides: “Design development to respect natural setting: Require that new development respect, integrate with, and complement the natural features of the land including conforming building massing to topographic forms, restricting grading of steep slopes, and encouraging the preservation of visual horizon lines and significant hillsides as prominent visual features.” The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to ensure compliance with the General Plan and is therefore consistent with the General Plan 2050. SECTION 6. EVIDENCE IN THE RECORD. Prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. The City’s independent consultants and City staff have reviewed and analyzed the comments received on the Draft Zoning Code Update. SECTION 7. PLANNING COMMISSION RECOMMENDATION: Based on all the documents and other evidence presented in connection with this proceeding and in this Resolution, the Planning Commission recommends that the City Council approve Segment 2 of Zoning Ordinance Amendment No. 2023-01. 459 Resolution No. PC-2023-693 Page 7 SECTION 8. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, DiCecco, and Chair Landis NOES: ABSTAIN: Commissioner Barrett ABSENT: PASSED, AND ADOPTED this 22nd day of June 2023. Kipp Landis Chair Carlene Saxton Community Development Director Attachments: EXHIBIT A: Draft Zoning Ordinance Amendment Map EXHIBIT B: Draft Zoning Ordinance Amendment Text (On File with the City dated June 16, 2023) Incorporated by Reference: Final Program Environmental Impact Report for General Plan 2050 and General Plan 2050 (available by reference by link www.moorparkca.gov/212/General-Plan) 460 Resolution No. PC-2023-693 Page 8 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP 461 Resolution No. PC-2023-693 Page 9 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT (On File with the City dated June 16, 2023) 462 ATTACHMENT 5 RESOLUTION NO. PC-2023-694 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SEGMENT 3 OF ZONING ORDINANCE AMENDMENT NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE AND ZONING MAP UPDATE, AND MAKING A DETERMINATION THAT THE ZONING CODE AND ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THERE WITHIN WHEREAS, the City of Moorpark Zoning Code has not been comprehensively updated in more than 30 years and requires revision to ensure that it aligns with the current aspirations and values of the community, the Moorpark General Plan 2050 (“General Plan 2050”), and complies with current state law and regulations; and WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023- 01, known as the “Zoning Code Update” which proposes to amend the City of Moorpark Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5 (Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and Title 17 (Zoning) of the Moorpark Municipal Code; and WHEREAS, the Zoning Code Update has been divided into several segments. This Segment 3 involves the change to the zoning designation of Commissioner DiCecco’s property on Hatfield Ct from RPD-4.5U (4.5 dwelling units/acre) to R-1 (8 dwelling units/acre) and the change in zoning designations of properties within 1,000 feet of his property which include changes from zoning designations RPD-4.5U (4.5 dwelling units/acre) to R-1 (8 dwelling units/acre) and RPD-4.5U (4.5 dwelling units/acre) to RL (3 dwelling units/acre) (as shown in the Zoning Ordinance on file with the City); and WHEREAS, the City, by and through its General Plan Advisory Committee, Planning Commission, City Council, and extensive community and stakeholder outreach, prepared General Plan 2050 as a comprehensive revision and update to the City’s existing General Plan which occurred between 2020 and 2023; and WHEREAS, on May 3, 2023, the City Council certified the Final Program Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution No. 2023-4173; and WHEREAS, pursuant to Government Code Section 65860 the City’s Zoning Ordinances must be consistent with the General Plan 2050 and must be amended within 463 Resolution No. PC-2023-694 Page 2 a reasonable time after any general plan amendment so that it is consistent with adopted General Plan; and WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01 to implement the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update for a 45-day public review period ending on April 24, 2023. During the public review period, 30 public comments were provided in writing to the City on the Draft Zoning Code Update; and WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop for the public to introduce and discuss the proposed Draft Zoning Code Update, approximately 15 members of the community participated; and WHEREAS, on April 17, 2023, the City Council held a Study Session at their regular meeting to consider the Draft Zoning Code Update. The City Council and the public provided comments and suggested revisions to the draft document; and WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted to the City website and a notice emailed to community stakeholders to consider the revisions and make public comments; and WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning Commission considered the Revised Draft Zoning Code Update, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and reached a decision in this matter; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in coordination of the General Plan 2050. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050, including the Zoning Code Update, fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050; and WHEREAS, the Community Development Director has determined that Zoning Ordinance Amendment No. 2023-01 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050. The Draft Zoning Ordinance Amendment No. 2023-01 implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project 464 Resolution No. PC-2023-694 Page 3 Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously- analyzed by the certified Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15168. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The Planning Commission finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. FINDINGS AND EVIDENCE. The findings made in this Resolution are based upon the information and evidence set forth in the Recitals to this Resolution, the Zoning Ordinance Amendment No. 2023-01 (attached as Exhibits A and B and incorporated herein by this reference), the Final Program EIR for the Moorpark General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), the General Plan 2050 (as adopted by City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 3. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that the Zoning Code Update is consistent with, and within the scope of, the environmental analysis conducted as part of the General Plan 2050 and that no further environmental review is required. A. A Notice of Preparation and Program EIR was prepared in coordination with the General Plan Update. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050 that was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050. The Program EIR (State Clearinghouse No. 2022050327) fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level, and analyzed the Zoning Code Update. C. The Draft Zoning Ordinance Amendment implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the 465 Resolution No. PC-2023-694 Page 4 scope of those previously-analyzed by the certified Program EIR for General Plan 2050 and are consistent and conforming to the General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15162. D. The Planning Commission finds, in the exercise of its independent judgment and based on substantial evidence in the whole of the record, and recommends that the City Council find, that no further environmental review is required, including pursuant to Public Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because: (i) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the Project involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects.; (ii) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the circumstances under which the Project is undertaken involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (iii) No information has been presented to the City to demonstrate that there is any new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete showing that the Project will have any significant or more severe effects than those discussed in the prior EIR, or that additional mitigation measures or alternatives would substantially reduce any significant effects on the environment disclosed in the prior EIR. SECTION 4. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings upon which this Resolution is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and available on the City website at www.moorparkca.gov/212/General-Plan. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the Planning Commission in this Resolution. SECTION 5. GENERAL PLAN CONSISTENCY: The Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the General Plan 2050 and is found consistent with the requirements of the plan. More specifically, but not limited to: A. General Plan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to 466 Resolution No. PC-2023-694 Page 5 ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the GP Land Use Plan and revise as needed to reflect General Plan and Housing Element.” B. General Plan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance the state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” C. General Plan 2050 Policy LU 1.1 provides: “Growth respecting Moorpark’s values and character: Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” D. General Plan 2050 Policy LU 1.2 provides: “Types and distribution of land uses: Accommodate population and employment growth attributable to the categories and standards for densities/intensities of the land uses depicted on the Land Use Diagram and as evaluated in the General Plan Program.” The Draft Zoning Code Update amends the Zoning Code so that the zoning districts reflect the land use designations in the General Plan 2050 Land Use Element and is therefore consistent with the General Plan 2050. E. General Plan 2050 Policy LU 3.1 provides: “Housing for all residents: Provide a mix of residential densities to accommodate the housing needs of all members of the community and address Moorpark’s fair share of regional housing needs consistent with the Housing Element.” F. General Plan 2050 Policy LU 3.3 provides: “Broader mix of housing types: Facilitate the development of mid-range, or “missing middle,” housing units such as duplexes, multiplexes, courtyard homes, and townhomes” G. General Plan 2050 Policy LU 3.4 provides: “Reuse of declining commercial properties: Promote the redevelopment of commercial centers and corridors that are underutilized, where businesses have closed, and do not exhibit supportable market demand for economically viable uses desired by the community.” H. General Plan 2050 Policy LU 3.5 provides: “Mixed-use development: Provide for development projects that mix housing with commercial uses to enable Moorpark’s residents to live close to businesses and employment, reducing vehicle trips, and supporting social interactions.” 467 Resolution No. PC-2023-694 Page 6 I. General Plan 2050 Policy LU 5.1 provides: “Development complements existing character: Require that new development be designed to complement Moorpark’s historical family-oriented small-town feel.” J. General Plan 2050 Policy LU 5.5 provides: “Compatible land uses: Require design features that provide visual relief and separation between land uses of conflicting character.” K. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” L. General Plan 2050 Policy LU 6.2 provides: “Development transitions: Require that the scale and massing of new development in higher density locations provide appropriate transitions in building height and bulk that are sensitive to the physical and visual character of the adjoining uses.” M. General Plan 2050 Policy LU 7.2 provides: “Design development to respect natural setting: Require that new development respect, integrate with, and complement the natural features of the land including conforming building massing to topographic forms, restricting grading of steep slopes, and encouraging the preservation of visual horizon lines and significant hillsides as prominent visual features.” The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to ensure compliance with the General Plan and is therefore consistent with the General Plan 2050. SECTION 6. EVIDENCE IN THE RECORD. Prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. The City’s independent consultants and City staff have reviewed and analyzed the comments received on the Draft Zoning Code Update. SECTION 7. PLANNING COMMISSION RECOMMENDATION: Based on all the documents and other evidence presented in connection with this proceeding and in this Resolution, the Planning Commission recommends that the City Council approve Segment 3 of Zoning Ordinance Amendment No. 2023-01. 468 Resolution No. PC-2023-694 Page 7 SECTION 8. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, Barrett, and Chair Landis NOES: ABSTAIN: Commissioner DiCecco ABSENT: PASSED, AND ADOPTED this 22nd day of June 2023. Kipp Landis Chair Carlene Saxton Community Development Director Attachments: EXHIBIT A: Draft Zoning Ordinance Amendment Map EXHIBIT B: Draft Zoning Ordinance Amendment Text (On File with the City dated June 16, 2023) Incorporated by Reference: Final Program Environmental Impact Report for General Plan 2050 and General Plan 2050 (available by reference by link www.moorparkca.gov/212/General-Plan) 469 Resolution No. PC-2023-694 Page 8 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP 470 Resolution No. PC-2023-694 Page 9 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT (On File with the City dated June 16, 2023) 471 ATTACHMENT 6 RESOLUTION NO. PC-2023-695 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SEGMENT 4 OF ZONING ORDINANCE AMENDMENT NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE AND ZONING MAP UPDATE, AND MAKING A DETERMINATION THAT THE ZONING CODE AND ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THERE WITHIN WHEREAS, the City of Moorpark Zoning Code has not been comprehensively updated in more than 30 years and requires revision to ensure that it aligns with the current aspirations and values of the community, the Moorpark General Plan 2050 (“General Plan 2050”), and complies with current state law and regulations; and WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023- 01, known as the “Zoning Code Update” which proposes to amend the City of Moorpark Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5 (Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and Title 17 (Zoning) of the Moorpark Municipal Code; and WHEREAS, the Zoning Code Update has been divided into several segments. This Segment 4 involves the change to the zoning designation of Commissioner Landis’ property on Hogan St from RPD-1.48U (1.48 dwelling units/acre) to RL (3 dwelling units/acre) and Blairwood from RPD-4.5U (4.5 dwelling units/acre) to R-1 (8 dwelling units/acre) and the change in zoning designations of properties within 1,000 feet of his properties which include changes from zoning designations RPD-1.48U (1.48 dwelling units/acre) to RL (3 dwelling units/acre) and RPD-4.5U (4.5 dwelling units/acre) to R-1 (8 dwelling units/acre) and RPD-5U (5 dwelling units/acre) to RL (3 dwelling units/acre) (as shown in the Zoning Ordinance on file with the City); and WHEREAS, the City, by and through its General Plan Advisory Committee, Planning Commission, City Council, and extensive community and stakeholder outreach, prepared General Plan 2050 as a comprehensive revision and update to the City’s existing General Plan which occurred between 2020 and 2023; and WHEREAS, on May 3, 2023, the City Council certified the Final Program Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution No. 2023-4173; and 472 Resolution No. PC-2023-695 Page 2 WHEREAS, pursuant to Government Code Section 65860 the City’s Zoning Ordinances must be consistent with the General Plan 2050 and must be amended within a reasonable time after any general plan amendment so that it is consistent with adopted General Plan; and WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01 to implement the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update for a 45-day public review period ending on April 24, 2023. During the public review period, 30 public comments were provided in writing to the City on the Draft Zoning Code Update; and WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop for the public to introduce and discuss the proposed Draft Zoning Code Update, approximately 15 members of the community participated; and WHEREAS, on April 17, 2023, the City Council held a Study Session at their regular meeting to consider the Draft Zoning Code Update. The City Council and the public provided comments and suggested revisions to the draft document; and WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted to the City website and a notice emailed to community stakeholders to consider the revisions and make public comments; and WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning Commission considered the Revised Draft Zoning Code Update, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and reached a decision in this matter; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in coordination of the General Plan 2050. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050, including the Zoning Code Update, fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050; and WHEREAS, the Community Development Director has determined that Zoning Ordinance Amendment No. 2023-01 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050. The Draft Zoning Ordinance 473 Resolution No. PC-2023-695 Page 3 Amendment No. 2023-01 implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously- analyzed by the certified Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15168. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The Planning Commission finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. FINDINGS AND EVIDENCE. The findings made in this Resolution are based upon the information and evidence set forth in the Recitals to this Resolution, the Zoning Ordinance Amendment No. 2023-01 (attached as Exhibits A and B and incorporated herein by this reference), the Final Program EIR for the Moorpark General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), the General Plan 2050 (as adopted by City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 3. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that the Zoning Code Update is consistent with, and within the scope of, the environmental analysis conducted as part of the General Plan 2050 and that no further environmental review is required. A. A Notice of Preparation and Program EIR was prepared in coordination with the General Plan Update. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050 that was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050. The Program EIR (State Clearinghouse No. 2022050327) fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level, and analyzed the Zoning Code Update. C. The Draft Zoning Ordinance Amendment implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified 474 Resolution No. PC-2023-695 Page 4 as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously-analyzed by the certified Program EIR for General Plan 2050 and are consistent and conforming to the General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15162. D. The Planning Commission finds, in the exercise of its independent judgment and based on substantial evidence in the whole of the record, and recommends that the City Council find, that no further environmental review is required, including pursuant to Public Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because: (i) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the Project involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects.; (ii) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the circumstances under which the Project is undertaken involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (iii) No information has been presented to the City to demonstrate that there is any new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete showing that the Project will have any significant or more severe effects than those discussed in the prior EIR, or that additional mitigation measures or alternatives would substantially reduce any significant effects on the environment disclosed in the prior EIR. SECTION 4. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings upon which this Resolution is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and available on the City website at www.moorparkca.gov/212/General-Plan. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the Planning Commission in this Resolution. SECTION 5. GENERAL PLAN CONSISTENCY: The Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the General Plan 2050 and is found consistent with the requirements of the plan. More specifically, but not limited to: A. General Plan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development 475 Resolution No. PC-2023-695 Page 5 projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the GP Land Use Plan and revise as needed to reflect General Plan and Housing Element.” B. General Plan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance the state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” C. General Plan 2050 Policy LU 1.1 provides: “Growth respecting Moorpark’s values and character: Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” D. General Plan 2050 Policy LU 1.2 provides: “Types and distribution of land uses: Accommodate population and employment growth attributable to the categories and standards for densities/intensities of the land uses depicted on the Land Use Diagram and as evaluated in the General Plan Program.” The Draft Zoning Code Update amends the Zoning Code so that the zoning districts reflect the land use designations in the General Plan 2050 Land Use Element and is therefore consistent with the General Plan 2050. E. General Plan 2050 Policy LU 3.1 provides: “Housing for all residents: Provide a mix of residential densities to accommodate the housing needs of all members of the community and address Moorpark’s fair share of regional housing needs consistent with the Housing Element.” F. General Plan 2050 Policy LU 3.3 provides: “Broader mix of housing types: Facilitate the development of mid-range, or “missing middle,” housing units such as duplexes, multiplexes, courtyard homes, and townhomes” G. General Plan 2050 Policy LU 3.4 provides: “Reuse of declining commercial properties: Promote the redevelopment of commercial centers and corridors that are underutilized, where businesses have closed, and do not exhibit supportable market demand for economically viable uses desired by the community.” H. General Plan 2050 Policy LU 3.5 provides: “Mixed-use development: Provide for development projects that mix housing with commercial uses to enable Moorpark’s residents to live close to businesses and employment, reducing vehicle trips, and supporting social interactions.” 476 Resolution No. PC-2023-695 Page 6 I. General Plan 2050 Policy LU 5.1 provides: “Development complements existing character: Require that new development be designed to complement Moorpark’s historical family-oriented small-town feel.” J. General Plan 2050 Policy LU 5.5 provides: “Compatible land uses: Require design features that provide visual relief and separation between land uses of conflicting character.” K. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” L. General Plan 2050 Policy LU 6.2 provides: “Development transitions: Require that the scale and massing of new development in higher density locations provide appropriate transitions in building height and bulk that are sensitive to the physical and visual character of the adjoining uses.” M. General Plan 2050 Policy LU 7.2 provides: “Design development to respect natural setting: Require that new development respect, integrate with, and complement the natural features of the land including conforming building massing to topographic forms, restricting grading of steep slopes, and encouraging the preservation of visual horizon lines and significant hillsides as prominent visual features.” The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to ensure compliance with the General Plan and is therefore consistent with the General Plan 2050. SECTION 6. EVIDENCE IN THE RECORD. Prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. The City’s independent consultants and City staff have reviewed and analyzed the comments received on the Draft Zoning Code Update. SECTION 7. PLANNING COMMISSION RECOMMENDATION: Based on all the documents and other evidence presented in connection with this proceeding and in this Resolution, the Planning Commission recommends that the City Council approve Segment 4 of Zoning Ordinance Amendment No. 2023-01. 477 Resolution No. PC-2023-695 Page 7 SECTION 8. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, Barrett, and DiCecco NOES: ABSTAIN: Chair Landis ABSENT: PASSED, AND ADOPTED this 22nd day of June 2023. Kipp Landis Chair Carlene Saxton Community Development Director Attachments: EXHIBIT A: Draft Zoning Ordinance Amendment Map EXHIBIT B: Draft Zoning Ordinance Amendment Text (On File with the City dated June 16, 2023) Incorporated by Reference: Final Program Environmental Impact Report for General Plan 2050 and General Plan 2050 (available by reference by link www.moorparkca.gov/212/General-Plan) 478 Resolution No. PC-2023-695 Page 8 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP 479 Resolution No. PC-2023-695 Page 9 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT (On File with the City dated June 16, 2023) 480 ATTACHMENT 7 RESOLUTION NO. PC-2023-696 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SEGMENT 5 OF ZONING ORDINANCE AMENDMENT NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE AND ZONING MAP UPDATE, AND MAKING A DETERMINATION THAT THE ZONING CODE AND ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THERE WITHIN WHEREAS, the City of Moorpark Zoning Code has not been comprehensively updated in more than 30 years and requires revision to ensure that it aligns with the current aspirations and values of the community, the Moorpark General Plan 2050 (“General Plan 2050”), and complies with current state law and regulations; and WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023- 01, known as the “Zoning Code Update” which proposes to amend the City of Moorpark Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5 (Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and Title 17 (Zoning) of the Moorpark Municipal Code; and WHEREAS, the Zoning Code Update has been divided into several segments. The Planning Commission, by separate resolutions PC-2023-692, PC-2023-693, PC-2023- 694, and PC-2023-695, respectively, has made recommendations that the City Council adopt Segments 1 through 4 of Zoning Ordinance Amendment No. 2023-01. This Segment 5 contains all properties within the City of Moorpark and all proposed Moorpark Municipal Code text amendments not included in Segments 1 through 4 of Zoning Ordinance Amendment No. 2023-01; and WHEREAS, the City, by and through its General Plan Advisory Committee, Planning Commission, City Council, and extensive community and stakeholder outreach, prepared General Plan 2050 as a comprehensive revision and update to the City’s existing General Plan which occurred between 2020 and 2023; and WHEREAS, on May 3, 2023, the City Council certified the Final Program Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution No. 2023-4173; and WHEREAS, pursuant to Government Code Section 65860 the City’s Zoning Ordinances must be consistent with the General Plan 2050 and must be amended within 481 Resolution No. PC-2023-696 Page 2 a reasonable time after any general plan amendment so that it is consistent with adopted General Plan; and WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01 to implement the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update for a 45-day public review period ending on April 24, 2023. During the public review period, 30 public comments were provided in writing to the City on the Draft Zoning Code Update; and WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop for the public to introduce and discuss the proposed Draft Zoning Code Update, approximately 15 members of the community participated; and WHEREAS, on April 17, 2023, the City Council held a Study Session at their regular meeting to consider the Draft Zoning Code Update. The City Council and the public provided comments and suggested revisions to the draft document; and WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted to the City website and a notice emailed to community stakeholders to consider the revisions and make public comments; and WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning Commission considered the Revised Draft Zoning Code Update, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and reached a decision in this matter; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in coordination of the General Plan 2050. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050, including the Zoning Code Update, fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050; and WHEREAS, the Community Development Director has determined that Zoning Ordinance Amendment No. 2023-01 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050. The Draft Zoning Ordinance Amendment No. 2023-01 implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project 482 Resolution No. PC-2023-696 Page 3 Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously- analyzed by the certified Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15168. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The Planning Commission finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. FINDINGS AND EVIDENCE. The findings made in this Resolution are based upon the information and evidence set forth in the Recitals to this Resolution, the Zoning Ordinance Amendment No. 2023-01 (attached as Exhibits A and B and incorporated herein by this reference), the Final Program EIR for the Moorpark General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), the General Plan 2050 (as adopted by City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 3. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that the Zoning Code Update is consistent with, and within the scope of, the environmental analysis conducted as part of the General Plan 2050 and that no further environmental review is required. A. A Notice of Preparation and Program EIR was prepared in coordination with the General Plan Update. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050 that was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050. The Program EIR (State Clearinghouse No. 2022050327) fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level, and analyzed the Zoning Code Update. C. The Draft Zoning Ordinance Amendment implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the 483 Resolution No. PC-2023-696 Page 4 scope of those previously-analyzed by the certified Program EIR for General Plan 2050 and are consistent and conforming to the General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15162. D. The Planning Commission finds, in the exercise of its independent judgment and based on substantial evidence in the whole of the record, and recommends that the City Council find, that no further environmental review is required, including pursuant to Public Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because: (i) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the Project involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects.; (ii) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the circumstances under which the Project is undertaken involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (iii) No information has been presented to the City to demonstrate that there is any new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete showing that the Project will have any significant or more severe effects than those discussed in the prior EIR, or that additional mitigation measures or alternatives would substantially reduce any significant effects on the environment disclosed in the prior EIR. SECTION 4. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings upon which this Resolution is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and available on the City website at www.moorparkca.gov/212/General-Plan. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the Planning Commission in this Resolution. SECTION 5. GENERAL PLAN CONSISTENCY: The Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the General Plan 2050 and is found consistent with the requirements of the plan. More specifically, but not limited to: A. General Plan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to 484 Resolution No. PC-2023-696 Page 5 ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the GP Land Use Plan and revise as needed to reflect General Plan and Housing Element.” B. General Plan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance the state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” C. General Plan 2050 Policy LU 1.1 provides: “Growth respecting Moorpark’s values and character: Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” D. General Plan 2050 Policy LU 1.2 provides: “Types and distribution of land uses: Accommodate population and employment growth attributable to the categories and standards for densities/intensities of the land uses depicted on the Land Use Diagram and as evaluated in the General Plan Program.” The Draft Zoning Code Update amends the Zoning Code so that the zoning districts reflect the land use designations in the General Plan 2050 Land Use Element and is therefore consistent with the General Plan 2050. E. General Plan 2050 Policy LU 3.1 provides: “Housing for all residents: Provide a mix of residential densities to accommodate the housing needs of all members of the community and address Moorpark’s fair share of regional housing needs consistent with the Housing Element.” F. General Plan 2050 Policy LU 3.3 provides: “Broader mix of housing types: Facilitate the development of mid-range, or “missing middle,” housing units such as duplexes, multiplexes, courtyard homes, and townhomes” G. General Plan 2050 Policy LU 3.4 provides: “Reuse of declining commercial properties: Promote the redevelopment of commercial centers and corridors that are underutilized, where businesses have closed, and do not exhibit supportable market demand for economically viable uses desired by the community.” H. General Plan 2050 Policy LU 3.5 provides: “Mixed-use development: Provide for development projects that mix housing with commercial uses to enable Moorpark’s residents to live close to businesses and employment, reducing vehicle trips, and supporting social interactions.” 485 Resolution No. PC-2023-696 Page 6 I. General Plan 2050 Policy LU 5.1 provides: “Development complements existing character: Require that new development be designed to complement Moorpark’s historical family-oriented small-town feel.” J. General Plan 2050 Policy LU 5.5 provides: “Compatible land uses: Require design features that provide visual relief and separation between land uses of conflicting character.” K. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” L. General Plan 2050 Policy LU 6.2 provides: “Development transitions: Require that the scale and massing of new development in higher density locations provide appropriate transitions in building height and bulk that are sensitive to the physical and visual character of the adjoining uses.” M. General Plan 2050 Policy LU 7.2 provides: “Design development to respect natural setting: Require that new development respect, integrate with, and complement the natural features of the land including conforming building massing to topographic forms, restricting grading of steep slopes, and encouraging the preservation of visual horizon lines and significant hillsides as prominent visual features.” The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to ensure compliance with the General Plan and is therefore consistent with the General Plan 2050. SECTION 6. EVIDENCE IN THE RECORD. Prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. The City’s independent consultants and City staff have reviewed and analyzed the comments received on the Draft Zoning Code Update. SECTION 7. PLANNING COMMISSION RECOMMENDATION: Based on all the documents and other evidence presented in connection with this proceeding and in this Resolution, the Planning Commission recommends that the City Council approve Segment 5 of Zoning Ordinance Amendment No. 2023-01, as reflected in Exhibit A and Exhibit B attached to this Resolution, with the following revisions to Exhibit B: A. Revision to Table 17.20.060(E)(8) to clarify the intent to require that Energy Storage Facilities shall be fully screened from public view, rights-of-way, and adjacent properties, but not mandated to be within a building; B. Revision to Table 17.24.055 Footnote 3 to remove the limitation of three stories while maintaining a maximum height of 60 feet; 486 Resolution No. PC-2023-696 Page 7 C. Revision to Section 17.24.025 and 17.24.055 to not require onsite publicly accessible recreational facilities equal to at least 15% of the project lot area for lots less than 20,000 square feet; D. Revision to Finding 3 of Sections 17.44.040 (B) Administrative Permits and 17.44.040 (B) Planned Development Permits to be revised as follows: “3. The proposed development would be served by adequate infrastructure including but not limited to access to public roadways, water, sewer, gas and / or electrical services, etc., and the development would not pose a health or safety concern or be if located in a mapped hazard zone, the development is designed to meet regulatory requirements to minimize health and safety concerns.”; E. Revisions to remove all references to the Single-family Estate (R-O) Zone which shall be combined with Rural Exclusive (RE) Zone on the Draft Zoning Map and throughout the Draft Zoning Code. Generally, the R-O Zone references would be removed from the Title 17 Zoning in Section 17.12, Table 17.20.050, Table 17.24.020, and Table 17.28.030; F. Revision to Table 17.28.030 (B) Footnote C to include the terms “ponies” and “burros” which were previously removed from the text; G. Revision to remove a typographical error in Section 16.60.020 as shown below: “16.60.020 Approving authority. The Community Development Director or their designee shall review an application for an Urban Lot Split. The Community Development Department shall determine e if the application meets the eligibility requirements for an Urban Lot Split. Upon approval of a ministerial Urban Lot Split application, the City Engineer shall cause to be recorded a map of the approved Urban Lot Split.”; H. Revision to Section 17.08.010 Application of Definitions for the term “Valve Apparatus”, as shown below: “Valve Apparatus” means any flow control device used to handle and control the flow of gases, water, or other liquids such as liquefied petroleum, oxygen, and sour and natural gas.”; I. Revision to Sections 17.24.025 (C)(1) and 17.24.060 (J)(1) as shown below: “1. Onsite recreational and personal resident amenities that equal at least 100 cubic 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 487 Resolution No. PC-2023-696 Page 8 entitlement review body. Walkways and general landscape areas are not considered part of onsite residential amenities.”; J. Revisions to Sections 17.24.025 (D)(2) and 17.24.060 (K)(2) as shown below: “2. A private, enclosed, secure, locking storage area of at least 100 square cubic feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to allow for storage of personal items, such as bicycles, tools, outdoor furniture, etc.”; K. Revisions to Sections 17.24.025 (C)(3) and 17.24.060.J(3) as shown below: “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. Outdoor patios are not intended for storage.”; L. Revise Section 17.24.025 (E)(5) as shown below. “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 unless otherwise allowed pursuant to Section 17.28.020.G for accessory dwelling units.”; M. Revise Section 17.24.060.B as shown below: “B. Stepback Design and Use 1. Non-residential stepbacks fronting a residential land use. i. Public access to the stepback area shall be regulated not be permitted and the stepback area shall not be used for seating or outside activity. ii. No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the ground. 2. Residential stepback area fronting a street or residential use. i. The wall or railing shall be at least 452 inches in height and be solid to prevent views onto the stepback area from the ground. ii. No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the ground.”; N. Revise Section 17.24.060 (D)(1)(ii) as shown below: “ii. Primary non-residential use entrances shall not be located adjacent to facing an alley, parking, or service driveway.”; 488 Resolution No. PC-2023-696 Page 9 O. Revise Section 17.24.060 (D) as shown below: “Roof Appurtenance and Mechanical Equipment Screening. All roof appurtenances including, but not limited to, air conditioning units, roof access ladders, and mechanical equipment shall be located below the lowest roof parapet that exists on the building to ensure that it is fully screened from view from on-site parking areas, adjacent public streets and adjacent residentially zoned property. When ladders or other emergency access equipment is required above the roof parapet, such equipment shall be painted or treated to be match the structure for screening purposes. When groundmounted 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.”; P. Revise Section 17.32.070 (F) as shown below: “F. Underground parking and multi-floor parking facilities shall provide enhanced landscaped areas at the entrance and exits of the underground facility, equally to at least 2% of the parking area, unless fully enclosed and screened within a building. Landscaping that cannot be provided adjacent to the entrance and exit to the parking structure shall be incorporated on the project frontages.”; Q. Revise Section 17.32.120(3) as shown below: “3. If the recreational vehicle is parked or stored in the side yard, it must be adjacent to the dwelling or garage and must not extend or protrude beyond the front line of the dwelling or garage, whichever is adjacent to the parking area, and must be parked at least three (3) feet from the side property line and shall be screened by mature landscape that shall not protrude, overhang or impede onto the property line.”; R. Revise Section 17.32130(5) as shown below: “5. Waiver of requirement that parking spaces be in garages or carports- When the parking provisions of this article require that parking spaces for apartments or multi-family residential projects be provided in garages or carports, some parking spaces may be provided uncovered or in carports, as determined by the decisionmaker on the basis of findings that 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 or carport for each residential unit; and further provided that the decisionmaker may deny all or part of the requested administrative relief on 489 Resolution No. PC-2023-696 Page 10 the ground that the benefits of providing some or all required parking spaces in garages or carports 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.”; S. Revise Section 17.36.050.D as shown below: “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 or landscape screens as required in Section 17.24.040(F).”; T. Revise Section 17.08.010 Application of Definitions of “Veterinary office or hospital” and from Table 17.20.060, as shown below: “Definition: “Veterinary office or hospital” means a medical facility for small animals, like dogs, cats, birds, etc.” U. Revise Table 17.20.070 to change the use of No Zoning Clearance Required (NC) to Permitted (P) to align with the formatting of the Table as shown below: D. Accessory and Miscellaneous Uses 7. Maintenance and minor repair to buildings involving structural alterations NC P NC P NC P 4. Veterinary offices and small animal hospitals a. Without boarding (keeping of animals indoors and on—site for medical purposes shall not be considered boarding) ZC ZC ZC ZC ZC ZC — — ZC b. With boarding indoors or outdoors (8 or fewer animals) — — AP3 — AP3 AP — AP3 c. With boarding indoors or outdoors (9 or more animals) — — CUP — CUP CUP — — 490 Resolution No. PC-2023-696 Page 11 V. Revise Section 17.24.040 (I) as shown below: “I. Testing. Whenever there is a question of conformance with a performance standard of this section or a condition of approval of the project, the property owner or operator to shall engage the services of a qualified and or licensed professional for the type of testing needed.”. SECTION 8. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, Barrett, DiCecco, and Chair Landis NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 22nd day of June 2023. Kipp Landis Chair Carlene Saxton Community Development Director Attachments: EXHIBIT A: Draft Zoning Ordinance Amendment Map EXHIBIT B: Draft Zoning Ordinance Amendment Text Incorporated by Reference: Final Program Environmental Impact Report for General Plan 2050 and General Plan 2050 (available by reference by link www.moorparkca.gov/212/General-Plan) 491 Resolution No. PC-2023-696 Page 12 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP 492 Resolution No. PC-2023-696 Page 13 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT 493 Resolution No. PC-2023-693 Page 10 10 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT AMENDMENTS TO CHAPTERS AND SECTIONS OF THE MOORPARK MUNICIPAL CODE 1.10.070 (CODE VIOLATIONS, PENALTIES AND ENFORCEMENT - INFRACTION PENALTIES), 5.64.090 (STREET VENDOR PERMIT -HOURS OF OPERATION, LOCATION, AND RESTRICTIONS), 5.64.100.C (STREET VENDOR PERMIT -VEHICLE TAGS AND PARKING RESTRICTIONS), 8.14.140 GRAFFITI - PROHIBITION AGAINST MAINTAINING GRAFFITI ON PRIVATELY-OWNED PROPERTY), 10.04.300 (COMMERCIAL VEHICLES IN RESIDENTIAL AREAS), 15.40.110-15.40.150 (DEVELOPMENT AGREEMENTS-CONTENT NUMBERING), 15.40.030.G (CONTENTS OF DEVELOPMENT AGREEMENT), 15.40.100 (DEVELOPMENT AGREEMENT - DESIGNATION ON ZONING MAP), 16.60 (URBAN LOT SPLITS), 17.04.040 (GENERAL PROHIBITIONS), 17.04.050 (GENERAL INTERPRETATIONS), 17.08.010 (APPLICATION OF DEFINITIONS), 17.12.010 (PURPOSE AND ESTABLISHMENT OF ZONES), 17.12.020 (SUBZONES), 17.16 (PURPOSES OF ZONES), 17.20 (USES BY ZONE), 17.24 (DEVELOPMENT REQUIREMENTS), 17.28 (STANDARDS FOR SPECIFIC USES), 17.30.065 (DESIGN STANDARDS), 17.32 (OFF-STREET PARKING REQUIREMENTS), 17.36.030 (STANDARDS FOR RESIDENTIAL PLANNED DEVELOPMENT (R-P-D) ZONE), 17.36.040 (STANDARDS FOR COMMERCIAL ZONES), 17.36.050 (STANDARDS FOR INDUSTRIAL ZONES), 17.40 (SIGN REGULATIONS), 17.44 (APPLICATION REVIEW PROCEDURES), 17.74.040 (RESIDENTIAL PLANNED DEVELOPMENT REGULATIONS), 17.74.040.1 SINGLE-FAMILY RESIDENTIAL SITE DEVELOPMENT STANDARDS), AND 17.76 (RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE (RPD20U-N-D) (Revisions to the following code language is shown in legislative format to show proposed changes. Text highlighted in yellow was further revised following the City Council Zoning Code Study Session on May 17, 2023) CHAPTER 1 – General Provisions 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. 494 Resolution No. PC-2023-693 Page 11 11 CHAPTER 5 – Business Taxes, Licenses and Regulations 5.64.090 Hours of operation, location, and restrictions. A. Vendors must operate only between the hours of 7:00 a.m. to 9:00 p.m. Monday through Sunday, except as further restricted by Section 5.64.090(B). E. Vendors are prohibited from operating within 500 feet of a special event or farmer’s market, unless otherwise posing a health, safety or welfare concern as described in Government Code Sections 51038 and 51039. F. No amplified music may be allowed when stopped on a public street or public right-of-way. 5.64.100 Vehicle tags and parking restrictions. C. While engaged in selling or delivering products from a vehicle used in his or her trade, including but not limited to the sale of foods, the permittee shall not stop such vehicle for more than 60 minutes in any one location on any 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 from last location. The authority may approve a temporary use permit to allow a street vendor vehicle to stop for longer periods of time than specified for special events or occasions. Chapter 8 – Health and Safety 8.14.140 Prohibition against maintaining graffiti on privately-owned property. A. It is unlawful for the owners and/or persons in possession of privately-owned property to permit graffiti within the city to remain on such property for more than seven days after written notice from the city is served to remove the same, except as provided in subsection B of this section. B. It is unlawful for the owners and/or persons in possession of property used for a residence to permit graffiti to remain on such property for more than seven calendar days after written notice from the city is served to remove the same where graffiti thereon can only be seen from a public alley or from public or private property not accessible by the general public. Chapter 10 – Vehicles and Traffic 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. Chapter 15.40 - Development Agreements 15.40.010 Purpose and intent. 15.40.020 Applicability. 495 Resolution No. PC-2023-693 Page 12 12 15.40.030 Contents of development agreement. 15.40.040 Preliminary review. 15.40.050 Application requirements. 15.40.060 Proposed form of development agreement. 15.40.070 Review of application. 15.40.080 Recommendation by planning commission. 15.40.090 Action by city council. 15.40.100 Findings for approval. 15.40.110 Amendment or termination by mutual consent. 15.40.120 Regulations affecting development agreement. 15.40.130 Recordation of agreement. 15.40.140 Annual review procedures. 15.40.030 Contents of development agreement. G. A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. A development agreement shall be prepared consistent with Government Codes Sections 65864 - 65869.515.40.110 Designation on zoning map. Upon the effective date of approval by the city council of a development agreement, the subject property shall be identified on the zoning map of the city by the designation “DA” followed by the dates of the term of the agreement. Said identification shall be removed from the zoning map upon termination or expiration of the agreement, or upon completion in full of the agreement. (Ord. 59 § 1, 1985)15.40.120 Amendment or termination by mutual consent. 15.40.110 Amendment or termination by mutual consent. 15.40.120 Regulations affecting development agreement. 15.40.130 Recordation of agreement. 15.40.140 Annual review procedures. Chapter 16 - Subdivisions Chapter 16.60 URBAN LOT SPLITS 496 Resolution No. PC-2023-693 Page 13 13 • 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. The Community Development Director or their designee shall review an application for an Urban Lot Split. The Community Development Department shall determine if the application meets the eligibility requirements for an Urban Lot Split. Upon approval of a ministerial Urban Lot Split application, the City Engineer shall cause to be recorded a map of the approved Urban Lot Split. 16.60.030 Requirements. A parcel map for an Urban Lot Split made pursuant to California Government Code § 66411.7 shall conform with the following: A. Location. The parcel being subdivided shall: 1. Be located within a single-family residential zone (O-S, A-E, R-A, R-E, R-L, and R-1); 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 generally described below: a) Not be located within a Very High Fire Hazard Severity Zone, unless the parcel otherwise satisfies standards indicated in Government Code Sections 65913.4(a)(6)(D) & 66411.7(a)(3)(C).; b) Not be located within a mapped 100-year floodplain, wetland, recorded open space easement, mapped creek or river, regulated floodway; c) Not in either prime farmland or farmland of statewide importance; d) Not be located within a designated hazardous waste site; e) Not be located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district; f) Not within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless standards can be achieved as described in Government Code Section 65913.4 (6)(F); g) Not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act 497 Resolution No. PC-2023-693 Page 14 14 (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. E. Dedications and e 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. 498 Resolution No. PC-2023-693 Page 15 15 G. The application of any subdivision standard that would physically prevent the development of two units of at least 800 square feet on either of the resulting parcels shall be waived. No modification or other discretionary action shall be required. H. All other development standards contained within Titles 16 and 17 that do not conflict with Government Code Section 66411.7. 16.60.050 Procedure. A. Urban Lot Split. The applicant for an Urban Lot Split shall first submit for Urban Lot Split approval from the 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, except for as provided in this Chapter 16.60. 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. 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 499 Resolution No. PC-2023-693 Page 16 16 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 above noticing has been completed. 16.60.070 Additional requirements. A. Units Allowed 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. A maximum of two units may be located on a lot created through an urban lot split, inclusive of accessory dwelling units and junior accessory dwelling units.” B. Further subdivision. Further subdivision of a parcel established through an Urban Lot Split shall be prohibited. A restrictive covenant shall be recorded on each lot created through an Urban Lot Split prohibiting further 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. 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. 500 Resolution No. PC-2023-693 Page 17 17 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. Chapter 17 - Zoning 17.04.040 General prohibitions. D. No person shall inhabit a vehicle or recreational vehicle located on private property. 17.04.050 General interpretation. 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 rounded down; 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. 17.08.010 Application of definitions. “Accessory dwelling unit (ADU)” (defined by Government Code Section 65852.2 and as updated by State Law) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent 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. “Activity space” means an area that is 501 Resolution No. PC-2023-693 Page 18 18 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. “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. 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. Pet animals shall not include working animals, livestock, laboratory animals, or other animals kept or raised for commercial purposes (for example animal boarding). Animal, shelter or rescue. “Animal shelter and animal rescue” means a location or premises where temporary or permanent housing of animals are kept by a local agency or non-profit where animals may be adopted or cared for by operator. Animal shelters or rescues may provide veterinarian care and kenneling services. “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. “Boarding, animal” means a facility for the overnight or long term housing of animals for commercial purposes. Not related to the personal keeping of animals as pets. “Community care facility,” as defined in Health and Safety Code 1502, means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or 502 Resolution No. PC-2023-693 Page 19 19 foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes facilities in accordance with the Health and Safety Code and other California Codes as may be amended over time. “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. “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. “Distribution facility” see Transportation Services, Distribution Facility. Dwelling, Employee Housing. “Employee housing” means a residential structure providing accommodations for six or fewer farmworkers pursuant to Health and Safety Code Section 17008. Facilities serving six or fewer employees shall be allowed by right in all zones allowing residential uses subject to the same development standards, permits and fees applicable to a residence in the same zone consistent with Health and Safety Code Section 17021.5. Dwelling, Single-Family. “Single-family dwelling” means a detached building constructed in conformance with the Uniform Building Code, or a mobilehome constructed on or after June 15, 1976, containing one (1) dwelling unit. “Dwelling unit” means one (1) or more rooms providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. “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. "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. “Factory-built housing,” as defined in Health and Safety Code 19971, is a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured at an offsite location to be assembled onsite in accordance with the California Building Standards Code and other regulations pursuant to state law. Factory-built housing does not include a mobilehome, recreational vehicle, or commercial modular. Factory-built housing may be installed where other similar types of dwelling units are zoned and without a use permit in residential areas. 503 Resolution No. PC-2023-693 Page 20 20 “Family” means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit. “Family day care home (small)” means a home which generally provides care, protection, and supervision of up to eight children, including children under the age of 10 years in the provider’s own home, for periods of less than 12 hours per day, while the parents or guardians are away. “Family day care home (large)” means a home which generally provides care, protection, and supervision of up to 14 but no less than seven, including children under the age of 10 years in the provider’s own home, for periods of less than 12 hours per day, while the parents or guardians are away. “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. “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. “Government use” means but is not limited to, city offices, community rooms, fire stations, human services centers, libraries, police stations, public utility facilities. “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. 504 Resolution No. PC-2023-693 Page 21 21 “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. “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. "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. “Inhabit” means to occupy as a place of residence, to include cooking or sleeping within. “Kennel (or cattery)” means any lot or premises where dogs or cats of at least four months of age are kept, boarded, bred or trained, whether in special buildings or runways, kept for commercial purposes and not for kept as pets by the occupant of the premises. Intended for the keeping of domestic dogs and cats. Kenneling may occur overnight or on a daily basis. “Liquor store” means a retail store selling primarily alcoholic beverages for offsite consumption. “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. "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. “Manufactured home,” means a structure, transportable in one or more sections, built on a permanent chassis, and designed for use as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems in 505 Resolution No. PC-2023-693 Page 22 22 accordance with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following). A "manufactured home” does not include a “recreational vehicle”. Such uses shall be allowed by right in all zones allowing single-family dwellings. “Manufacturing” means including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 "Market Rate Unit" means a new Dwelling Unit in a Residential Development that is not an Inclusionary Unit and may be at any affordability level. “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). “Mixed Use, Horizontal” means development that allows for a combination of different uses within the same building or side-by-side on the same property or adjacent property, such as a commercial business adjacent to a residential use. “Mixed Use, Vertical” means development that allows for a combination of different uses within the same building such as commercial business occupying lower floors while the upper floors are reserved for housing. "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. “Outdoor or open storage” means the placement or keeping of materials, equipment or other items in an area not fully enclosed by the walls of a building. Outdoor or open storage may apply generally to stored equipment, goods, storage or cargo containers, wares or materials for sale or for use in manufacturing or other use or for the personal use of a resident. Temporary movement of goods or wares is not considered storage unless the materials remain for more than 12 hours in the same general area. “Private events” means events typically reserved for invite-based attendees and do not include a fee to attend. “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. 506 Resolution No. PC-2023-693 Page 23 23 "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 any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual as defined by Health and Safety Code and other California Codes as may be amended over time. Setback, Rear. “Rear setback” means an open yard area extending across the rear of the lot between the inner side lot lines which is the required minimum horizontal distance between the rear lot line and a line parallel thereto on the lot. Setback, Side. “Side setback” means an open yard area extending from the front setback, or the front lot line where no front setback is required, to the rear setback; 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. 507 Resolution No. PC-2023-693 Page 24 24 “Sight triangle” means a visual / sight distance triangular area on a corner of a lot or along a driveway, two of the sides of such triangle being formed by extending two imaginary lines from the corner of the lot or the edge of a driveway adjacent to the street intersection at least 15 feet back to two points along the sides of the lot parallel to the two intersecting streets or property line, the third side then being formed by the connection of such points. “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. “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. “Temporary special use permit” means a use which by its nature will not normally exist for more than 90 days at the proposed location. Said use may normally be allowed to exist only under a development or conditional use permit; however, due to the temporary nature of the proposed use it is considered an allowed use if granted a zone clearance for the time specified. Examples of this can be uses such as churches in school facilities, outdoor eating at restaurants, use of public buildings for nongovernmental purposes, etc. “Temporary use” means, but not limited to, carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, grand opening events, brush clearance by animals, construction trailers, or similar uses when in compliance with Chapter 17.44. “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). “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 508 Resolution No. PC-2023-693 Page 25 25 hospital. Urgent care facilities do not provide overnight care or longer term hospital services or emergency room services. “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, water, or other liquid such as liquefied petroleum, oxygen, and sour and natural gas. "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 animals, like dogs, cats, birds, etc. “Warehouse or storage” means the placement or keeping of materials, equipment or other items in a fully enclosed building. Cargo containers are considered outdoor storage, unless placed within an enclosed building. “Window” means an opening in the wall of a building or vehicle that is fitted with glass or other transparent material in a frame to admit light or air and allow visibility through the opening. “Window, clerestory” means a large window or series of small windows along the top of a structure's wall, usually at or near the roof line and typically running horizontally, no lower than 6 feet from the interior floor of the adjoining room. Clerestory windows are often used to allow additional light and air, while maintaining privacy.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. Reserved F. Single-family residential low (R-L) zone; G. Single-family residential (R-1) zone; 509 Resolution No. PC-2023-693 Page 26 26 H. Medium density residential (R-2) zone; I. Multifamily density residential (R-3) zone J. Commercial office (C-O) zone; K. Neighborhood commercial (C-1) zone; L. General commercial (C-2) zone; M. Commercial planned development (C-P-D) zone; N. Industrial Flex (I-F) zone; O. Industrial park (M-1) zone; P. Limited industrial (M-2) zone; Q. Planned community (P-C) zone; R. Specific plan (S-P) zone; S. Old town commercial (C-OT) zone; T. Specific plan—downtown overlay (SP-D) zone; U. Mixed Use Low District (MUL) zone; V. Mixed Use Medium (MUM) zone; W. Mixed Use District (MUD) zone; 17.12.020 Subzones. A. Lot Size Subzones. The size of lots created in each of the O-S subzones may be determined by a suffix number attached to the zone designation on the zoning maps. The application of such suffixes shall be consistent with the 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 O-S zone. Where no suffix number appears, it is understood that the minimum lot size specified for the O-S zone shall apply. 510 Resolution No. PC-2023-693 Page 27 27 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 17.16.040 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. B. Single-Family Residential (R-1) Zone. The purpose of this zone is to provide for and maintain areas which are appropriate for single-family dwellings on individual lots. C. Medium Density Residential (R-2) Zone. The purpose of this zone is to provide for and maintain residential areas allowing single-family, two single-family dwelling units or a two family dwelling unit, or multi-family developments on lots which meet the minimum area requirements of this zone. D. Multifamily Residential (R-3) Zone. The purpose of this zone is to provide for and maintain a mix of attached multifamily residential housing types. 17.16.060 Industrial zones. 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. Specific Plan (S-P) Zone. This suffix shall be used for property that is subject to a specific plan. The purpose of this suffix is to provide the city with a zone that allows for development with a comprehensive set of plans, regulations, conditions and programs for guiding the orderly development of the specific plan area, consistent with the city’s general plan; and that the specific plan shall serve as the zoning regulations. 511 Resolution No. PC-2023-693 Page 28 28 17.16.090 Institutional zones. Institutional (I) zones are zones to be used by private or public entities for the public benefit and shall contain uses such as a school, church, library, museum, or like uses. 17.16.100 Mixed Use zones. A. Mixed Use Low (MUL) Zone. The purpose of this zone is to provide for neighborhood-serving goods and 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 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. 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 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones. Permitted uses in open space, agricultural, residential and special purpose zones are set forth in Table 17.20.050 and in the conditions of approval of any applicable residential planned development permits. In addition to the entitlements required by Table 17.20.050, a planned development permit is required for all residential development of 10 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 512 Resolution No. PC-2023-693 Page 29 29 [— ] = Not permitted P = Permitted1 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 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 — — — — — — — — — 3. Apiculture in accordance with Chapter 17.28 (1 acre minimum lot area) ZC ZC ZC ZC ZC ZC ZC — — — — — 4. Crop production where no structures are involved ZC ZC ZC ZC — — — — — — — — 5. Greenhouses With a total gross floor area per lot: — Less than 1,000 sq. ft. ZC ZC ZC ZC — — — — — — — — 513 Resolution No. PC-2023-693 Page 30 30 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 TPD — 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. Commercial Boarding, equine or other similar animals (minimum lot size of 1 acre) ZC ZC ZC ZC - - - - - - 8. Wholesale nurseries, tree farms and ornamental plant farms including container plants. (see Chapter 17.28) *Only allowed in these zones when within overhead electrical utility corridors. AP AP AP AP — — AP* — — — — — 9. Wildlife sanctuaries CUP CUP — — — — — — — — — — 10. Commercial cannabis activity except as provided in Table 17.20.050(D)(1 6) and (17) — — — — — — — — — — — — 11. Cultivation of industrial hemp — — — — — — — — — — — — 12. Industrial hemp warehousing, and manufacturing and processing — — — — — — — — — — — — 1. Bed and breakfast inns —— CUP CUP CUP CUP CUP CUP CUP CUP — — 514 Resolution No. PC-2023-693 Page 31 31 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 TPD 2. Family day care homes (small)— P P P P P P P P P — P 3. Family day care homes (large)— ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 4. Home schooling P P P P P P P P P — P 5. Transitional and supportive housing (structure subject to the same zoning requirements, permitting procedures, and regulatory requirements as other residential uses of the same type in the same zoning district) P P P P P P P P P — — 6. Residential care facility located within an existing residential structure (structure subject to the same zoning requirements, permitting procedures, and regulatory requirements as other residential uses of the same type in the same zoning district) P P P P P P P P P P 7. Dwellings, single— family a. Standard construction, including manufactured and factory-built housing consistent with AP AP AP AP AP AP AP AP AP — AP 515 Resolution No. PC-2023-693 Page 32 32 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 TPD Chapter 17.28 (for 10 or more homes constructed in the R—A, R—O, R—E, O- S, A-E, R-L, R—1, R-2, and R-3 zones a planned development permit is required) b. Less than 10 affordable or senior housing units when in compliance with Chapter 17.64 — — — — AP — AP AP AP — — c. Accessory dwelling units when in compliance with Chapter 17.28 P P P P P P P P P — 8. Dwellings, two— family or two single— family dwellings on 1 lot a.Two dwelling units — — — AP AP AP AP AP AP — — b. Two dwelling units for affordable or senior housing units when in compliance with Chapter 17.64 — — — AP AP AP AP AP AP — — 9. Dwellings, multiple—family (three or more units) a. Less than 10 dwelling units (for 10 or more homes constructed in the R- A, R-L, R-E, R-1, R-2, and R-3 zones a planned development permit is required) — — — AP AP AP AP AP AP — — 516 Resolution No. PC-2023-693 Page 33 33 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 TPD b. Less than 10 affordable or senior housing units when in compliance with Chapter 17.64 — — — AP AP AP AP AP AP — — c. 10 or more dwelling units (Residential Planned Development Permit required for any project resulting in 10 or more units) - - RPD RPD RPD RPD RPD RPD RPD RPD c. Residential planned development 20 units per acre (non— discretionary planned development permit) pursuant to Chapter 17.76 — — — — — — — — — — — — 10. Mobilehome parks in compliance with the applicable standards of the zone in which it is located. It shall include recreation facilities with minimum distance between structures of 10 feet and minimum distances between accessory structures of 6 feet — — CUP CUP CUP CUP CUP CUP CUP — CUP 11. 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 — AP AP AP AP AP AP AP AP — — 517 Resolution No. PC-2023-693 Page 34 34 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 TPD is a model complex plan/temporary office plan approved by the community development director (Temporary construction trailers require a Temporary Use Permit) 12. 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 — — 2. Social clubs with or without alcoholic beverage sales — — 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 — — 518 Resolution No. PC-2023-693 Page 35 35 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 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 7. Wireless communications facilities a. Major wireless communications facilities 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 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 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 519 Resolution No. PC-2023-693 Page 36 36 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 TPD is residential in accordance with the requirements of Chapter 17.28 a. Apiculture (*minimum lot size: one [1] acres) ZC ZC ZC ZC ZC ZC ZC — — — — — 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 P P P P P P — — — — — d. Pet animals are allowed in all zones subject to the requirements of Chapter 17.28 P P P P P P P P P — P 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.b are Permitted) 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 P P P P P P P P P — P 520 Resolution No. PC-2023-693 Page 37 37 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 TPD than thirty (30) inches above the immediate surrounding natural 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 d. Swimming, wading, ornamental pools, or spas where a building permit is required ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC e. Swimming, wading, ornamental pools, or spas where a building permit is not required P P P P P P P P P — P 3. Antenna or flag pole, ground mounted, non— commercial a. <35 feet high AP AP AP AP AP AP AP AP AP — AP b. >35 feet high CUP CUP CUP CUP CUP CUP CUP CUP CUP — CUP 4. Dwelling, caretaker AP AP AP AP AP AP AP AP AP — AP 5. Dwelling, employee housing ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 6. Dwellings, farm labor (see Chapter 17.28) ZC ZC ZC ZC — — — — — — — — 521 Resolution No. PC-2023-693 Page 38 38 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 TPD 7. Home occupation when conducted in an existing residence and consistent with the requirements of Chapter 17.28.020.B P P P P P P P P P — P 8. Maintenance and minor repair to buildings involving structural alterations ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 9. Temporary motion picture, television, or still photography production (see Section 17.28.120) TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP 10. 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 11. Produce stands (see Chapter 17.28) ZC ZC ZC ZC ZC — — — — — — — 12. Garden, Community AP AP AP AP AP AP AP AP AP 13. Recreational facilities— CUP — CUP CUP CUP CUP CUP CUP CUP — — 14. Storage of building materials in accordance with the requirements of Chapter 17.28 ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 15. Storage, open, consistent with Chapter 17.28 P P P P P P P P P — P 16. Soil testing for wells, foundations, septic systems and similar construction P P P P P P P P P — P 522 Resolution No. PC-2023-693 Page 39 39 Notes: Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 TPD 17. Temporary uses TUP TUP TUP TUP TUP TUP TUP TUP TUP — TUP 18. Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis to a medicinal cannabis 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 — — — — — — — — — — — — 19. Indoor personal cultivation of cannabis of up to 6 plants per private residence when consistent with Health and Safety Code Section 11362.2 (Outdoor personal cultivation of cannabis is prohibited) P P P P P P P P P P P 523 Resolution No. PC-2023-693 Page 40 40 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 ten thousand (10,000) 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 ten thousand (10,000) 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 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 [—] AP = Administrative Permit CUP = Conditional Use Permit 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 Sections 17.24.040(N), 17.78.05 0 and Chapter 5.18 — — — — ZC ZC — - 2. Alcoholic beverage sales for off—site consumption when in conjunction with another city— approved retail or service use 524 Resolution No. PC-2023-693 Page 41 41 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F other than automobile service station or liquor store a. Beer and/or wine — AP3 AP3 AP3 AP3 AP3 — AP3 b. Beer, wine and other alcoholic beverages — AP 3 AP 3 AP 3 AP3 AP 3 — 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) — 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 AP AP 5. Building supplies — — AP 3 AP 3 — AP 3 — AP 3 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 525 Resolution No. PC-2023-693 Page 42 42 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 8. Kennels and catteries (8 or fewer animals) — — — — AP 3 AP 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 — — — — — — — - 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 — — — — 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 ZC 4 ZC 4 ZC 4 — — — — — 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Moorpark Network Map and with or without a caretaker dwelling — — — — — CUP — — 526 Resolution No. PC-2023-693 Page 43 43 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 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 — — — — 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 studios, pool and — ZC ZC ZC — — — ZC 527 Resolution No. PC-2023-693 Page 44 44 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 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 retail 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 — — AP3 — — — — AP3 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) 528 Resolution No. PC-2023-693 Page 45 45 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 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 other than retail smoking products stores — AP AP AP — AP — — 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) P P P P — — — P B. Eating and Drinking Places 1. Bars with or without entertainment including, but not limited to, cocktail lounges, cabarets — — CUP CUP 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 CUP CUP CUP — — AP 3. Restaurants and similar establishments engaged primarily in the retail sale of 529 Resolution No. PC-2023-693 Page 46 46 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 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 — 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 prohibited) with or without outdoor seating (Only permitted in the CPD Zone) — — CUP — — — — — 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 — 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) — — ZC — — — — — c. Automated/automatic teller machines (ATMs) ZC ZC ZC ZC ZC — — ZC 2. Laboratories: research and scientific ZC — ZC — ZC ZC — ZC a. Industrial hemp research and testing laboratory CUP — — — CUP — — CUP 530 Resolution No. PC-2023-693 Page 47 47 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 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 animal hospitals — — — — — — — a. Without boarding (keeping of animals indoors and on—site for medical purposes shall not be considered boarding) ZC ZC ZC ZC ZC ZC — — ZC b. With boarding indoors or outdoors (8 or fewer animals) — — AP3 — AP3 AP — AP3 c. With boarding indoors or outdoors (9 or more animals) — — CUP — CUP CUP — — 5. Animal rescue or animal shelter a. 8 or fewer animals — — AP3 — AP3 AP3 — — b. 9 or more animals — CUP — CUP CUP — — 6. Massage establishments when in compliance with Chapter 5.48 of the Moorpark Municipal Code 531 Resolution No. PC-2023-693 Page 48 48 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 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 7. Motion picture and television production — — CUP1 — CUP CUP — CUP D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster. — — — — — CUP — — 2. Distribution and transportation facilities — — — — CUP CUP — — 3. Heavy machinery repair, including trucks, tractors and buses — — — — — CUP — — 4. Manufacturing, 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 — — CUP1 — ZC 4 ZC 4 — ZC* 532 Resolution No. PC-2023-693 Page 49 49 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F when in compliance with Section 17.20.030 5. Outdoor storage when in conjunction with a city approved use and when all storage is screened by an 6—foot high masonry wall or solid fence that is architecturally matched to the primary structure — — AP3 — AP3 AP3 — AP3 6. Self—storage or mini— storage when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Network Map and with or without a caretaker dwelling — — — — CUP CUP — — 7. Warehousing — — CUP1, 2 — ZC4 ZC4 — ZC4 8. Welding — — — — AP AP — — 9. Industrial hemp warehousing, and manufacturing and processing (*except that the process of combining prepared industrial hemp ingredients with other products shall be allowed as an accessory use within a permitted processing or assembly use, with a Zoning Clearance) — — — — — — — - E. Public and Semi—Public Uses 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades (video and computer) and cyber cafés — ZC ZC ZC — — — ZC b. Health clubs, gymnasiums, fitness centers, and fitness studios for uses such as martial 533 Resolution No. PC-2023-693 Page 50 50 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F arts, yoga, dance, and other similar uses or combination of uses i. up to 10,000 square feet ZC ZC ZC ZC ZC ii. over 10,000 square feet — 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, without alcohol — — AP AP — — — AP e. Billiard and pool establishments, and bowling alleys, with alcohol — — AP3 AP3 — — — AP3 2. ——Community care facility CUP CUP CUP — — — — — a. Community care facility, six or few persons. AP AP AP — — — — — 3. Emergency shelters (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. Social clubs without alcohol — — AP — AP — AP AP 534 Resolution No. PC-2023-693 Page 51 51 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 6. Social clubs with service of alcohol — — CUP — CUP — CUP CUP 7. Energy production from renewable resources — — — — — CUP CUP CUP 8. Energy storage7 — — — — CUP CUP CUP CUP 9.. 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 10. Hospitals including urgent care CUP — AP 3 — AP 3 — AP 3 — 11. Places of religious assembly, with or without schools and/or social services, including emergency shelters i. up to 5,000 square feet CUP AP AP AP AP CUP CUP CUP ii. over 5,000 square feet CUP AP 3 AP 3 AP 3 AP 3 CUP CUP CUP 12. Private education facilities including, but not limited to, colleges and universities, elementary, middle and high schools CUP CUP AP3 AP 3 AP 3 — CUP CUP 13. 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 CUP CUP AP 3 AP 3 AP 3 — — AP 3 14. Recreational facilities, private — — AP 3 AP3 AP 3 — CUP AP 3 15. Utility structures (electrical boxes, transformers and valve apparatus that have no covered AP AP AP AP AP AP AP AP 535 Resolution No. PC-2023-693 Page 52 52 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F floor area and are attached to the ground by poles, columns or pedestals shall not require a zone clearance) 16. 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 17. Funeral home - - - - AP AP - - F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP — CUP 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 TUP TUP TUP TUP TUP TUP TUP TUP 536 Resolution No. PC-2023-693 Page 53 53 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. 7. Energy Storage Facilities shall be fully screened from public view, rights-of-way, and adjacent properties. 17.20.070 Permitted uses in mixed use zones. Permitted uses in mixed zones are set forth in Table 17.20.070 and in the conditions of approval of any applicable mixed use planned development permits. In addition to the entitlements required by Table 17.20.070, a planned 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). All mixed use planned development permits shall be reviewed by the Planning Commission and decided by the City Council. Prior to the issuance of a zoning clearance, a discretionary permit, or an exception, the community development director shall verify that the site, use or structure has an approved planned development permit or administrative permit if needed in accordance with this section and Chapter 17.44. All uses shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations. Table 17.20.070 PERMITTED USES IN MIXED USE ZONES — = Not permitted. AP = Administrative Permit CUP = Conditional Use Permit P = Permitted1 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 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 6. Cultivation of industrial hemp — — — — — — — — 537 Resolution No. PC-2023-693 Page 54 54 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 — — — 4. Crop production where no structures are involved — — — 5. Greenhouses With a total gross floor area per lot: — Less than 1,000 sq. ft. — — — — 1,001—20,000 sq. ft. — — — — > 20,000 sq. ft. — — — 6. Kennels and catteries (domestic) see Chapter 17.28 — — — 7. Wholesale nurseries, tree farms and ornamental plant farms including container plants. (see Chapter 17.28). *Only allowed in these zones when within overhead electrical utility corridors. — — — 8. Wildlife sanctuaries — — — 9. Commercial cannabis activity except as provided in Table 17.20.050(D)(16) and (17) — — — 538 Resolution No. PC-2023-693 Page 55 55 10. Cultivation of industrial hemp — — — 11. Industrial hemp warehousing, and manufacturing and processing — — — B. Residential Uses – New or converted mixed use projects require a Residential Planned Development Permit 1. Boardinghouses and bed and breakfast - - - 2. Family day care homes and home schooling, transitional and supportive housing, and Low—barrier navigation centers: a. Family day care homes (small) ZC ZC ZC b. Family day care homes (large) ZC ZC ZC c. Home schooling ZC ZC ZC d. Transitional and supportive housing P P P e. Low—barrier navigation centers ZC ZC ZC f. Residential Care Facility (subject to the same zoning requirements and procedures as other residential uses of the same type in the same zoning district) P P P 3. Dwellings, single—family a. Standard construction, including manufactured housing consistent with Chapter 17.28 — — — 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 539 Resolution No. PC-2023-693 Page 56 56 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 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 1. Places of religious assembly, with or without schools and/or social services, including emergency shelters CUP CUP CUP 2. 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 540 Resolution No. PC-2023-693 Page 57 57 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 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 i. up to 10,000 square fee ZC ZC ZC ii. over 10,000 square feet AP2 AP2 AP2 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 541 Resolution No. PC-2023-693 Page 58 58 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 — — — 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 higher than thirty (30) inches above the immediate surrounding natural grade AP AP AP 542 Resolution No. PC-2023-693 Page 59 59 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 (see Chapter 17.28) — — — 6. Home occupation when conducted in an existing single—family home and consistent with the requirements of Chapter 17.28 P P P 7. Maintenance and minor repair to buildings involving structural alterations P P P 8. Temporary motion picture, television, or still photography production (see 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— CUP CUP CUP 12. Storage of building materials in accordance with the requirements of Chapter 17.28 ZC ZC ZC 13. Storage, open, consistent with Chapter 17.28 P P P 543 Resolution No. PC-2023-693 Page 60 60 14. Soil testing for wells, foundations, septic systems and similar construction P P P 15. Temporary uses 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 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 - - - 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) P P P E. Retail and Service Uses – New or converted mixed use projects require a Residential Planned Development Permit 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 — — — 2. Alcoholic beverage sales 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 CUP CUP CUP b. Beer, wine and other alcoholic beverages CUP CUP CUP 3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales and installation, tune—ups and — — — 544 Resolution No. PC-2023-693 Page 61 61 other light service and repair (with or without hydraulic lifts) 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 — — — 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 - - - 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 equipment and supplies kept in an enclosed area — — — 545 Resolution No. PC-2023-693 Page 62 62 14. Pawnshops when in compliance with Chapter 5.32 — — — 15. Pest control services — — — 16. Private post offices, parcel services, copy centers ZC ZC ZC 17. Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code — — — 18. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element 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 — — — 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, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, ZC ZC ZC 546 Resolution No. PC-2023-693 Page 63 63 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 — — — 24. Thrift stores, secondhand shops, consignment stores when in compliance with Chapter 5.32 AP AP ZC 25. Tobacco sales a. Retail smoking products stores, as defined in Chapter 8.32 AP AP AP b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments other than retail smoking products stores AP AP AP 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 — — - 26. Industrial Hemp a. Industrial hemp product retail sales, stand—alone retail store (*consistent ZC ZC ZC 547 Resolution No. PC-2023-693 Page 64 64 with the requirements of Chapter 17.28.080) b. Industrial hemp product retail sales, accessory (sales display area limited to a maximum of 5% of the retail floor area of the establishment in which it is located) P P P 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 AP2 AP2 ZC2 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 AP2 AP2 AP2 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. — — — 548 Resolution No. PC-2023-693 Page 65 65 c. Automated/automatic teller machines (ATMs) ZC ZC ZC 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 549 Resolution No. PC-2023-693 Page 66 66 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 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 550 Resolution No. PC-2023-693 Page 67 67 Table 17.24.020 DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R-ZONES General Requirement s O-S A-E R- A R-L R-E R-1 R-2 R-3 SP, TPD A. Density— Maximum dwelling units per gross acre 1,2 1 du/1 0 acre s 1 du/4 0 acre s 1.0 3.0 3.0 8.0 24.0 32.0 By permit B. Net lot area, minimum (in square feet unless noted) 1,2 10 acre s 40 acre s 1 acr e 14,500 14,500 , 5,000 5,000 5,000 By permit C. 1. Lot width minimum (in feet) 110 110 10 0 80 80 50 50 50 By permit C. 2. Cul-de- sac or odd- shaped minimum lot width (in feet) 30 30 30 30 30 30 30 30 By permit C. 3. Flag lot “pole” front setback (in feet) 20 20 20 20 20 20 20 20 By permit D. Lot depth minimum (in feet) 150 150 10 0 100 100 60 60 60 By permit E. Front yard and setback (in feet)3 20 20 20 20 20 20 20 20 By permit F. Side yard setback, interior side (in feet)3,4 10 10 5 5 5 5 5 5 By permit 551 Resolution No. PC-2023-693 Page 68 68 G. Side yard setback, street side (in feet)3,4 10 10 10 10 10 10 10 10 By permit H. Rear yard setback (in feet)3,4 15 15 15 15 15 15 15 15 By permit I. Lot coverage, maximum (in percentag e)3 20 10 35 35 35 50 50 60 By permit 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 permit 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 2. Required net lot areas in the R-E, and R-1 zones are reduced by fifty percent (50%) when the property owner has executed an affordable housing agreement with the city to guarantee housing will be affordable to very low or lower income households or to senior citizens in accordance with the provisions of Chapter 17.64 of this title. 3. See Section 17.24.025(A)(6) for exception. See Section 17.44.040(F) for exception. 4. Two (2) story residences with windows facing the adjacent property shall have a minimum ten (10) foot side yard setback (second (2nd) story only) and a twenty (20) foot rear yard setback (second (2nd) story only) from the adjacent property line. A second-floor elevation that only features clerestory windows shall not be subject to this provision 5. In the case of odd-shaped lots, the Community Development Director shall determine the required yards, 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. 17.24.025 Open space, agriculture and residential property development standards—Additional requirements. 552 Resolution No. PC-2023-693 Page 69 69 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 feet to an interior side or rear lot line, a maximum of 12 feet high, and is at least six feet from the main structure unless additional fire-resistive construction is provided in accordance with Chapter 15.08, Building Code. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet and the height of the structure does not exceed 12 feet may be located anywhere on a single-family residential lot, except within the front and street side yard areas, provided the eaves do not overhang adjacent property. 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 15 feet in height or project closer than five feet to an interior side yard, two feet into a street side yard, or closer than 10 feet at the rear lot line; ii. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns, or patios and canopies using two (2) or three (3) sides of an existing residence, in which case the remaining side(s) must be entirely open with no obstructions. A roof connecting a main building and an accessory building shall be open on two sides. f. Outdoor barbeques, fireplaces, or firepits must be at least 10 feet from the main structure and three feet from interior side and rear property lines. g. Heating and cooling and other mechanical equipment, including pool equipment, air conditioners, and necessary appurtenances shall be a minimum of three (3) feet from any side or rear lot line, screened from public view and meet noise requirements set by Chapter 17.53 of the Moorpark Municipal Code. B. Lot Coverage. Lot coverage shall include all buildings, carports, structures and accessory buildings, except 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 resident amenities that equal at least 100 square feet per residential unit. Such amenities may include, but are not limited to swimming pool, playground, fitness room, community room, BBQ area, outdoor 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 lot area, but shall not be required to exceed 10,000 square feet or on lots of 20,000 square feet or less. 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 553 Resolution No. PC-2023-693 Page 70 70 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. 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 cubic feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to allow for storage of personal items, such as bicycles, tools, outdoor furniture, etc. 3. Private or semi-private outdoor patio, porch, yard or other private or semi-private space shall be provided to each residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities such as outdoor dining or gathering, and shall be accessible directly from the residential unit. Outdoor patios shall not be used for storage. 4. Deviations from the requirements 1-3 above may be considered by the Community Development Director where strict conformance is infeasible. E. Miscellaneous. 5. Garage Conversions. Conversions of existing garages into habitable space is permitted only when replaced with the equivalent covered parking as required by Chapter 17.32 unless otherwise allowed pursuant to Section 17.28.020.G for accessory dwelling units 8. Windows, metal roofing, and similar exterior metal architectural features shall not be mirror finish, reflective, glossy, or polished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adjacent properties. 17.24.030 Open space, agricultural and residential zones walls and fences. 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 feet in height within 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 the sight distance triangle shall be maintained below three feet and the bottom of a tree canopy shall be at least eight 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). 554 Resolution No. PC-2023-693 Page 71 71 17.24.035 Commercial, industrial and special purpose zone development requirements. 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 I A. Floor Area Ratio, maximum (the ratio of gross floor area to the gross project site) 0.50 0.35 0.38 0.502 1.0 1.0 1.0 By permit B. Lot area, minimum (in square feet) 4 None None None None None 10,000 10,000 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 zone, 20, except when next to or across the street from R zone, 20, except when next to or across the street from R zone, By permit 555 Resolution No. PC-2023-693 Page 72 72 General Requirements1 C-O C-1 C-OT C2, CPD I-F M-1 M-2 I then 30 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 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 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 G. Setback (in feet) from residential zone (O-S, A-E, R-A, R-E, R-L, R- 1, R-2, R-3 zones) 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet By permit H. Building and structure height, maximum3 (in feet) 25 35 35 By permit 30 30 30 By permit I. Parking shall meet the requirements of Chapter 17.32 J. Signage shall meet the requirements of Chapter 17.40 556 Resolution No. PC-2023-693 Page 73 73 General Requirements1 C-O C-1 C-OT C2, CPD I-F M-1 M-2 I K. Lighting shall meet the requirements of Chapter 17.30 Notes: 4. See Section 17.44.040(F) for exceptions. 5. Properties located adjacent to railroad property shall provide a minimum rear or sideyard setback of 10 feet. 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. 17.24.040 Commercial, industrial and special purpose zones property development standards— Additional requirements. B. Architectural Appurtenances. Clocks, tower elements, and similar ornamental design elements on structures, may exceed the maximum height identified in Table 17.24.035, provided, the additional height does not create additional floor area. Such appurtenances may stand no taller than 15 feet above the maximum allowed height in the zone. Height beyond such limit for appurtenance structures may be considered with a Conditional Use Permit, provided the maximum height of the structure does not exceed 60 feet. C. Windows, metal roofing, exterior metal architectural features shall not be mirror finish, reflective, glossy, or polished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adjacent properties. D. Landscaping. All planting and irrigation shall be in accordance with the city’s Landscape Manual. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris. E. Masonry Walls and Landscape Screens. Where a commercial or industrial development abuts property in any lower density residential zones (O-S, A-E, R-A, R-L, and R-E) , a masonry wall, solid fence, or equivalent noise attenuation structure, a minimum of six (6) feet in height from the highest finished grade at the property line shall be erected and maintained between such uses and the residential zone. F. Mechanical Equipment—Screening and Noise Attenuation. All mechanical equipment shall be architecturally screened from view and isolate noise at the property line between adjacent uses When ground-mounted mechanical equipment is used including, but not limited to heating and air conditioning units, such equipment shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the community development director and building official. 557 Resolution No. PC-2023-693 Page 74 74 G. Roof Appurtenances—Screening. All roof appurtenances including, but not limited to, air conditioning units, roof access ladders, and mechanical equipment shall be located below the lowest roof parapet that exists on the building to ensure that it is fully screened from view from on-site parking areas, adjacent public streets and adjacent residentially zoned property. H. Reciprocal Ingress, Egress, Parking and Drainage. Reciprocal ingress, egress, circulation, parking and drainage arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties as well as drainage. See Section 17.32.025 for further restrictions. I. Testing. Whenever there is a question of conformance with a performance standard of this section or a condition of approval of the project, the property owner or operator shall engage the services of a qualified and or licensed professional for the type of testing needed. J. In all commercial and industrial zones, the conversion of the project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements of the fire code, sign ordinance, and screening standards of this section be waived. K. No outdoor paging systems or telephone bells or similar devices shall be used on commercial or industrial properties which abut or are across the street from R-1, R-2, R-3, RE, RA, RL, or RO residentially or open space zoned properties. L. Street Improvements. No development shall occur on any property unless all street frontages that the property abuts or is adjacent to are fully improved according to adopted city street standards and consistent with the Moorpark general plan or will be improved to such standard as part of the project. M. Adult Business Minimum Location Requirements. In addition to meeting all requirements of Section 17.28.050 and all requirements of Chapter 5.18 of the Moorpark Municipal Code, an adult business may not be located: 1. Within five hundred (500) feet of any property line that is zoned R-1, R-2, R-L, RE, RA or any residential structure within another zone, 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 17.24.045 Accessory structures in commercial, industrial, and special purpose zones. A. Accessory structures containing trash enclosures, mechanical equipment, storage or other similar structures shall not be located in front of or on the street side of the main building(s). E. New accessory structures shall be compatible in scale and character with adjacent commercial uses and residential neighborhoods. 558 Resolution No. PC-2023-693 Page 75 75 17.24.050 Walls and fences in commercial, industrial and special purpose zones. C. Visual / Sight Distance - A wall, 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 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 feet and the bottom of a tree canopy shall be at least eight 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). 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. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed. 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 Commerc ial Multi- family Vertical Mixed Use Commerc ial Vertical Mixed Use Commerc ial Multi- family 559 Resolution No. PC-2023-693 Page 76 76 Residenti al Residenti al 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. Dwelling Units per Acre, minimum (vertical mixed use projects have no minimum dwelling units per acre standard) 0 - 8 0 - 0 - 12 D. Front Yard Setback (Min / Max) 0/5 0/5 0/10 0/5 0/5 0/5 0/5 0/10 E. 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 F. Width of Frontage Building to Maintain Minimum setback2, 5 70% 70% 60% 75% 75% 80% 80% 75% G. Maximum Interior side yard setback5(Min / Max) except where Fire Department access shall be required, maximum side yard setback shall be no less than required by 0/15 0/10 0-15 0/0 0/0 0/15 0/10 0/15 560 Resolution No. PC-2023-693 Page 77 77 the Fire Department H. Min side yard abutting Non- Mixed Use Residential Designated Zones residential zones 5 15 I. Street side setback (Min / Max)5 0/5 0/5 0/5 0/5 0/5 0/5 0/5 0/5 J. Min Rear yard setback5 except where Fire Department access shall be required, maximum side yard setback shall be no less than required by the Fire Department 10 0 10 10 0 10 0 10 K. Min Rear yard setback abutting Non-Mixed Use residential zones5 15 L. Building and structure height, maximum 3 , 4 3-stories and 40’ M. Minimum stepback above 28 foot building height 4 , 5 Minimum 10-foot stepback above 28 foot building height 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). N. Parking requirements See 17.32.020 561 Resolution No. PC-2023-693 Page 78 78 O. Signage requirements See 17.40 P. Lighting requirements See 17.30 Q. Storefront Transparency See 17.24.060(F) R. Minimum Landscaping Requirement 15% S. Minimum Ground Floor Commercial Requirement for mixed-use projects 10% or 1,500 gross sq ft of ground floor per project site, whichever is less. Shall not apply to residential only projects. T. 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 a maximum of sixty (60) feet and may exceed three (3) stories) with approval of a conditional use permit. 4. For purposes of stepbacks, the maximum height of a story shall be 14 feet. A single-floor building, measuring more than 14 feet in height shall be accounted as additional stories for each additional 14 feet. For example, a 28-foot-tall single floor building would qualify as two stories in the mixed use zones, therefore the structure above 28 feet would be required to stepback. 5. See Section 17.44.040(F) for exceptions. Figure 17.24.060 – Stepback Example, Frontage and Street Side 562 Resolution No. PC-2023-693 Page 79 79 Figure 17.24.065 – Stepback Example, Adjacent to Residential Lots 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. 563 Resolution No. PC-2023-693 Page 80 80 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 not be permitted and the stepback area shall not be used for seating or outside activity. ii. No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the ground. 2. Residential stepback area fronting a street or residential use. i. The wall or railing shall be at least 45 inches in height and be solid to prevent views onto the stepback area from the ground. ii. No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the ground. iii. Units that open onto the stepback area shall have an accessible outdoor storage area of at least 128 cubic feet with a closeable solid door. iv. Balconies open on at least two sides may project into the stepback area provided the balcony is at least five feet from the side property line. C. Facade Modulation. Buildings over two stories or over 30 feet in height shall have the following: 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. D. 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. E. Building Entries. Building entries shall be designed to create landmark visual reference points and emphasize the importance of the building entrance by compliance with the following standards: 1. Non-Residential Building Entries. The following standards apply to all ground floor, non-residential portions of a street- or publicly accessible open space-facing elevations of a building. For non-residential uses, the primary entrance of a building is defined as the door or doors which provide public access to a lobby or ground floor occupancy. i. Primary entries shall be directly accessible from the public street frontage or open space. Primary entrances that front publicly accessible open spaces shall have direct sightlines and a path of continuous and unobstructed pedestrian access to street frontage. 564 Resolution No. PC-2023-693 Page 81 81 ii. Primary non-residential use entrances shall not be located facing an alley, parking, or service driveway. iii. For lobbies, a recess or projection shall have a minimum of four feet depth to delineate the building lobby from the balance of the facade. 2. Residential Building Entries. The following shall apply to the ground floor residential portions of street- or publicly accessible open space-facing facades of residential buildings or residential portions of a mixed use building. For 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. F. Accessory Structures in Front/Side Setback. i. Accessory structures shall not be allowed in front or side yard setbacks required in Table 17.24.055. ii. Balconies, decks, pergolas, trellis, or similar features shall not extend beyond the lower face of the lowest story. G. Storefront Transparency 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. H. Roof Appurtenance and Mechanical Equipment Screening. All roof appurtenances including, but not limited to, air conditioning units, roof access ladders, and mechanical equipment shall be located below the lowest roof parapet that exists on the building to ensure that it is fully screened from view from on- site parking areas, adjacent public streets and adjacent residentially zoned property. When ladders or other emergency access equipment is required above the roof parapet, such equipment shall be painted or treated to be match the structure for screening purposes. When ground-mounted mechanical equipment is used including, but not limited to heating and air conditioning units, such equipment shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a 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. 565 Resolution No. PC-2023-693 Page 82 82 I. Mirror Finishes. Windows, metal roofing, and similar exterior metal architectural features shall not be mirror finish, reflective, glossy, or polished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adjacent properties. . J. Onsite residential amenities. Multi-family residential developments, consisting of 10 or more units, shall provide the following: 1. Onsite recreational and resident amenities that equal at least 100 square feet per residential unit. Such amenities may include, but are not limited to swimming pool, playground, fitness room, community room, bbq area, outdoor 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 or on lots of 20,000 square feet or less. 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. K. 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 cubic feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to allow for storage of personal items, such as bicycles, tools, outdoor furniture, etc. 3. Private or semi-private outdoor patio, porch, yard or other private or semi-private space shall be provided to each residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities such as outdoor dining or gathering, and shall be accessible directly from the residential unit. Deviations from the requirement 1-3 above may be considered by the Community Development Director where strict conformance is infeasible. Outdoor patios shall not be used for storage. 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). 566 Resolution No. PC-2023-693 Page 83 83 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 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 1.84 567 Resolution No. PC-2023-693 Page 84 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 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 shall be rounded up to the next highest whole number, and fractions of one-half or less than one-half shall be rounded down to the next lowest whole number. G. In-Lieu Fee Compliance Alternative. Inclusionary housing requirement may be satisfied by the payment of a fee to the City in lieu of constructing the inclusionary units within the Residential Development, provided that such fee is received by the City prior to the issuance of the building permits for the first market rate unit in the Residential 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 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 throughout the project. 2. 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. 3. 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. 4. Inclusionary units shall comply with all applicable development standards. 5. Inclusionary unit residents shall have equivalent access to use of all on-site amenities. 6. Inclusionary units shall be maintained to the same standard as market rate units. 568 Resolution No. PC-2023-693 Page 85 85 7. 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. 8. 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. 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 s, 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 G. Accessory Dwelling Unit. 1. Standards and Requirements. An accessory dwelling unit (ADU) requires approval of a zoning clearance, and compliance with Government Code Sections 65852.150 - 65852.26 (as may be amended by the State of California) and applicable development standards identified in this Chapter. 569 Resolution No. PC-2023-693 Page 86 86 H. Two-Unit Residential Developments 1. Purpose and Applicability. The purpose of this Chapter is to establish standards for Two-Unit Developments to ensure compliance with California Government Code Sections 65852.21 and 66411.7, otherwise known as Senate Bill 9, while minimizing impacts to surrounding uses and properties. Two-unit developments, referred to as housing developments contains no more than two residential units and as defined by California Government Code 65852.21, are permitted in the O-S, A-E, R-A, R- E, R-L, and R-1 single-family residential zones. 2. Review authority. Applications for two-unit developments shall be considered ministerially, without discretionary review or a hearing, subject only to the permit requirements applicable to the new construction or alteration of residential dwellings, including but not limited to zoning clearance and building permits. 3. . Requirements. . Location. A parcel for a two-unit development or Urban Lot Split shall: a. Not be located within a Very High Fire Hazard Severity Zone, unless the project site otherwise satisfies the requirements specified in subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of section 65913.4 of California Government Code; b. Not be located within a mapped 100-year floodplain, wetland, recorded open space easement, mapped creek or river, regulated floodway; c. Either prime farmland or farmland of statewide importance; d. Not be located within a designated hazardous waste site; e. Not be located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district; f. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless standards can be achieved as described in Government Code Section 65913.4 (6)(F); g. Not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan; or h. Not be located on land protected by a conservation easement. 4. .Eligibility. A parcel is not eligible for a two-unit development if the project would require demolition or alteration of: a. More than 25% of the exterior walls of a unit that is occupied by a tenant or has been occupied by a tenant at any time in the previous three years; 570 Resolution No. PC-2023-693 Page 87 87 b. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; c. Housing that is subject to any form of rent or price control; and d. A parcel containing a unit that was withdrawn from the rental market through an Ellis Act eviction at any time in the last 15 years. 5. . Development standards. Development pursuant to this Chapter shall comply with the following: a. Number of units. 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. A maximum of two units may be located on a lot created through an urban lot split, inclusive of accessory dwelling units and junior accessory dwelling units consistent with Government Code Sections 65852.2 and 65852.22. 2. Urban Lot Splits. a. A maximum of two primary dwelling units of any kind may be constructed on any single- family lot established through an Urban Lot Split pursuant to Chapter 16.60 (Urban Lot Splits) of the Subdivision Code. 6. .Parking. One on-site covered parking space shall be required per unit. a. This requirement may be satisfied by an attached or detached carport or enclosed garage. b. Exceptions. No on-site parking shall be required when: i. The site is located within one-half mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code; ii. The site is located within one-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or iii. The site is located within one block of a permanently established car-share vehicle pick-up/drop-off location. c. .Required parking spaces shall comply with the applicable standards of Chapter 17.32 (Off-Street Parking Requirements). 7. Setbacks. a. The interior side yard and rear yard setbacks for two-unit developments shall be four feet. b. The front yard and street side yard setbacks for two-unit developments shall be as required by the Zone. 571 Resolution No. PC-2023-693 Page 88 88 c. Additional setbacks shall not be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint). d. Notwithstanding the above, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet Building Code safety standards and are sufficient to allow separate conveyance. 8. Additional requirements for two-unit developments. a. Unless otherwise specified in this Chapter, all development standards applicable to the construction of a single-family dwelling shall apply to two-unit developments, including but not limited to: i. Building height; ii. Number of stories; and iii. Lot coverage. 9. Applicable Chapters. The requirements of the following Chapters of this Title shall apply to two- unit developments: a. Chapter 17.20 – Uses by Zone; b. Chapter 17.24 – Development Requirements; c. Chapter 17.28 – Standards for Specific Uses; d. Chapter 17.30 Lighting Regulations; and e. Chapter 17.32 – Off-Street Parking Regulations. 10. All other development standards contained within the Moorpark Municipal Code. 11. The application of any development standard that would physically prevent the development of at least two primary dwelling units of at least 800 square feet shall be waived. No Variance or other discretionary action shall be required. 12. Additional requirements for Urban Lot Splits shall be as set forth in Chapter 16.60 (Urban Lot Splits) of the Subdivision Code. 13. Design standards. a. Privacy. i. A minimum separation of 10 feet shall be provided between any detached dwellings on the site. ii. Windows within 30 feet of a neighboring structure on another parcel shall not directly align with the windows of the neighboring structure. iii. Upper story unenclosed landings, decks, and balconies that face or overlook an adjoining property shall be located a minimum of 15 feet from the interior lot lines. b. Building height. Where any portion of the proposed construction consists of two stories or exceeds 16 feet in overall height, upper floors and the portions of the structure exceeding 16 feet in height shall comply with the minimum required setbacks of the underlying zone. 572 Resolution No. PC-2023-693 Page 89 89 c. Materials. i. On sites already developed with an existing residential unit, the new construction shall be designed and constructed to match the existing dominant roof pitch, paint color and exterior finish materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings. ii. Where no development currently exists or where existing development is to be removed, two-unit developments shall be designed so that the units match one another in dominant roof pitch, paint color and exterior building finishes, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings. iii. Design elements and detailing shall be continued completely around the structure. Such elements shall include but not be limited to window types and treatments, trim detailing, and exterior wall materials. iv. Window and door types and styles shall be consistent on all elevations. v. All vents, downspouts, flashings, electrical conduit, etc., shall be painted to match the color of the adjacent surface unless specifically designed as an accent material. vi. Exterior building lighting shall be directed downward, have a shielded light source, and be designed so that the light is not directed off site. d. Landscaping. i. Front and street side yard areas shall be fully landscaped pursuant to the requirements of Chapter 15.23 (Water Efficient Landscape Ordinance) and the City’s Landscape Standards and Guidelines. ii. A minimum of one 24-inch box tree of a broadleaf or evergreen species shall be provided on site per unit constructed. Palm trees or invasive trees shall not be considered to satisfy this requirement. iii. Complete landscaping and irrigation plans shall be submitted to the Planning Division prior to the issuance of building permits. iv. Installation of approved landscaping shall be completed prior to release of final occupancy. e. Additional requirements. i. Short-term rentals. Units created pursuant to this Chapter shall be rented or leased for a term longer than 30 days. ii. Owner occupancy. a) Unless the lot on which a two-unit development is constructed was established through an Urban Lot Split pursuant to Chapter 16.60 (Urban Lot Splits) of the Subdivision Code, the owner of the property shall reside in one of the units as their principal residence. b) A deed restriction shall be recorded on title to the subject property binding current and future owners to this requirement. 573 Resolution No. PC-2023-693 Page 90 90 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. iii. Nonresidential uses. Except for permitted home occupations and garage sales pursuant to Chapter 17.28.020(B), non-residential uses shall be prohibited. 14. Noticing. a. The Community Development Department shall prepare a written notice to the record owners of all properties 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. Location map. The notice shall identify: i. The address and location of the property; ii. The nature of the proposed construction; iii. The anticipated start and end dates of construction; iv. Contact information for the Community Development Department; and v. The following statement: "This Notice is sent for informational purposes only and does not confer a right on the noticed party or any other person to comment on the proposed project. Approval of this project is ministerial, meaning the City of Moorpark has no discretion in approving or denying the project if it complies with all legal requirements. Approval of this project is final and not subject to appeal." c. The notice shall be sent no fewer than 14 days prior to the issuance of a building permit for the proposed two-unit development. 15. Variances. a. No variances from the provisions of this Chapter shall be permitted. b. Waiver of any development standard necessary to permit the minimum amount of development authorized by California Government Code § 65852.21 shall not require the granting of a Variance or any other discretionary approval. 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. 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 574 Resolution No. PC-2023-693 Page 91 91 a service to individuals with a disability, such as seeing-eye dogs and miniature horses. All animal keeping must be in compliance with Title 6 of the Moorpark Municipal Code. C. In case of an emergency, with the approval of an administrative permit, , 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 or as determined by the Community Development Director. D. Notwithstanding the requirements in this Section, animals in excess of those listed in Table 17.28.030B below may be kept on properties with a minimum area of five acres subject to approval of a Conditional Use Permit and the following findings: 1. The Applicant has provided letters in support of the request from all neighboring property owners within 500 feet of the facilities and enclosures in which animals will be kept; 2. The Applicant has provided a maintenance plan detailing the care regimen for the animals and associated 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. 575 Resolution No. PC-2023-693 Page 92 92 Table 17.28.030B ANIMAL KEEPING 576 Resolution No. PC-2023-693 Page 93 93 Type of Animal or Animal Usage (see Note B for example calculation) Minimum Lot Size Maximum Number per lot area (A) Zoning 1. Apiculture 1 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 dogsA a. Single-family dwellings <5 acres Any combination of 4. O-S, A-E, R-A, R-E, R-L, R-1 >5 acres Any combination of 6. O-S, A-E, R-E, R-A, R-O, R-1, R-2, R-3 , TPD, b. Multiple-family dwellings n/a Any combination of 2. R-1,R-2,R-3, MUL, MUM, MUD 4. Equine, bovine or cleft-hoofed animals, including, but not limited to, horses, ponies, mules, donkeys, burros, cows, and bullsA 20,000 sq. ft. 1 per 15,000 sq. ft. of lot area O-S, A-E, R-A, R-E, SPC 5. Fowl (peacocks and pea hens are not permitted) a. Chickens, duck, and game hensA 6,000 sq. Ft. 1 per 2,000 sq. ft. O-S, A-E, R-A, R-E, R-L, R-1, R-2, R-3 b. Roosters and guinea fowlA 20,000 sq. ft. 1 per 5,000 sq. ft. O-S, A-E, R-A, R-E 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) n/a 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 saleA 20,000 sq. ft. 1 per 2,000 sq. ft. up to 1 acre (maximum of 22 animals) plus 2 additional animals for each acre > 1 acre. O-S, A-E, R-A, R-E 577 Resolution No. PC-2023-693 Page 94 94 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 saleA 20,000 sq. ft. 1 per 2,000 sq. ft.(up to 22 animals) . For >1 acre, 2 additional animal per each acre. O-S, A-E, R-A, R-E 9. Small animals kept as pets excluding domesticated cats and dogs but including and not limited to sheep, goats, pigmy/pygmy goats, pigs, pot-bellied pigs, and miniature horses which are not bred for saleA 10,000 sq. ft. 1 per 3,333 sq. ft. (up to 13 animals per 1 acre). For >1 acre, 1 additional animal per each acre. O-S, A-E, R-A, R-E 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/pygmy goats, pigs, pot-bellied pigs and miniature horses. A n/a 1 per 1,500 sq. ft. of lot, area plus 1 additional animal for each additional 1,000 sq. ft. beyond 6,000 sq. ft. (Maximum 20 small animals per lot) O-S, A-E, R-A, R-E, RL, R-E, R-1, R-2, R-3, TPD 11. 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) n/a 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 12. Wild animals 1 acre By conditional use permit. O-S, A-E, R-E 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 10 chickens or ducks or game hens, or combination thereof, plus four (4) roosters or guinea fowl or combination thereof, plus 578 Resolution No. PC-2023-693 Page 95 95 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. C. Equine animals, such as horses ponies, mules or burros, are allowed in SP zones only in locations specifically designated for equestrian uses or horse keeping as part of the residential planned development permit or specific plan. Bovine and other cleft-hoofed animals. 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 300 feet from any other emergency shelter, as measured from the closest property line. 17.28.075 Community Gardens A. Size Limit. Community gardens shall not exceed two acres. B. Performance Standards. The use of a community garden may not involve hazardous materials or processes or create offensive or objectionable noise, vibration, odors, heat, dirt, or electrical disturbance perceptible by a person beyond the lot line of the subject lot. C. Operating Standards. 1. Property owners must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, and security requirements. 2. Site must have a garden coordinator to perform the coordinating role for the management of the community gardens and to liaise with the City 3. Site must assign garden plots in a fair and impartial manner according to the operating rules established for that garden. 4. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on file with the Community Development Department. 5. The land shall be served by a water supply sufficient to support the cultivation practices used on the site. 6. The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property. 7. All seed, fertilizer, and animal feed shall be stored in a sealed, rodent proof container and housed within an enclosed structure. 8. Pesticides, herbicides, or other soil additives prohibited by state, federal, or other law shall not be used within a community garden. D. Compost. Compost materials shall be stored at least 10-feet from any property line and in a manner that is not visible from adjacent property or offsite, controls odor, prevents infestation, and minimizes runoff into waterways and onto adjacent properties. Waste shall be collected regularly by the municipality. Gardeners shall ensure that waste containers are placed in specified location to assist municipality in waste removal. 579 Resolution No. PC-2023-693 Page 96 96 E. Farm Equipment. Use of mechanized farm equipment is not permitted except to initially to prepare the land for agriculture use. F. Animals and Beekeeping. Community gardens shall be subject to the animal and apiculture allowances and requirements included within 17.28.030. 17.28.135 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 contain signs or other advertising materials; 6. Outdoor dining areas shall be locked together or moved indoors when the associated business is closed to avoid theft and nuisance issues; 7. The proposed outdoor dining area complies with all state and local regulations. The proposed use shall be separated from other outdoor uses by no less than six feet and shall maintain all required public paths of travel and accessways; 8. Outdoor dining shall be limited to the area directly adjacent to the business and shall not be placed adjacent to neighboring business frontages without prior written consent of such business and the property owner; 9. Outdoor dining areas shall not allow for live entertainment, service of alcohol or other uses otherwise addressed by different permit standards; and 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 at the crosswalk or curb cuts. 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 580 Resolution No. PC-2023-693 Page 97 97 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. 581 Resolution No. PC-2023-693 Page 98 98 17.30.065 Design standards. D. Light poles shall not exceed 25 feet in height in all commercial, industrial and institutional zones, except within 100 feet of residential zones, where the maximum height shall be 20 feet. Light poles in residential zones shall not exceed 20 feet in height. 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 17.32.010 General provisions. H. All new parking spaces must meet the minimum dimensional standards and parking aisle width standards of this chapter. K. Parking along principal or minor arterial roadway 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, a fraction of a space greater than one- half (.5) will be counted as a whole space. Parking requirements for new uses and for expansion of existing uses fronting on High Street between Moorpark Avenue and Spring Road and Walnut Street between High Street and Charles Street are calculated under the provisions of Section 17.32.025. Use Minimum Parking Required Based on Gross Floor Area of Building (Unless Otherwise Stated) A. Agricultural 1. Wholesale nurseries, tree farms and ornamental plant farms including container plants, greenhouse, hothouse and similar 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 582 Resolution No. PC-2023-693 Page 99 99 B. Residential: 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 with up to 5 bedrooms 3 spaces in a garage for dwellings with 6 bedrooms 4 spaces in a garage for dwellings with 7 bedrooms 5 spaces in a garage for dwellings with 8 or more bedrooms 5. Dwellings, multiple 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) C. Commercial retail and service: 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 583 Resolution No. PC-2023-693 Page 100 100 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 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 6. Cyber cafes, video/computer arcades, game rooms 1 space per 300 sq. ft. plus one 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 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 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 584 Resolution No. PC-2023-693 Page 101 101 D. Eating and drinking places: 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 E. Office and professional: 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 585 Resolution No. PC-2023-693 Page 102 102 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: 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 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, 1 space per 500 sq. ft. 586 Resolution No. PC-2023-693 Page 103 103 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. 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: 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. 3. Governmental uses including, but not limited to city offices, community rooms, fire stations, human service centers, As specified by permit 587 Resolution No. PC-2023-693 Page 104 104 libraries, police stations, public utility facilities 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 similar 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 F. Loading facilities must be located on-site subject to the following requirements: 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 foot high decorative block wall, measured from the highest finished grade adjacent to the wall. 5. Loading areas shall include at least one sign stating that vehicle idling shall be limited to five minutes. Said sign shall be a minimum size of 12 inches wide by 18 inches in height and shall be prominently displayed and visible from the loading spaces/area. 588 Resolution No. PC-2023-693 Page 105 105 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. 17.32.050 Parking space standards and striping. A. Parking Space Size. All measurements are the minimum requirements. 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 19* 3. Commercial and Industrial 9 19* 4. Motorcycle 4.5 7 5. Parallel 9 24 6. Compact 8 16 Limited to 25% of the required parking and subject to approval per Section 17.32.060 *Parking stalls may be reduced to 17 feet in depth when a two-foot landscaped planter is provided for vehicle overhang. 17.32.070 Parking lot landscaping. 589 Resolution No. PC-2023-693 Page 106 106 F. Underground parking and multi-floor parking facilities shall provide enhanced landscaped areas at the entrance and exits of the underground facility, equal to at least 2%, unless fully enclosed and screened within a building 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. 17.32.090 Parking and private street access gates in residential and nonresidential areas. C. The community development director has the discretion to require applications for any gates to be reviewed by the planning commission. 17.32.120 Recreational vehicle and trailer parking and storage standards. A. Recreational vehicle and trailer parking and storage are allowed on residentially-zoned lots when the following standards are met. . Storage implies on-site parking without moving the vehicle for more than 72 hours. 3. If the recreational vehicle is parked or stored in the side yard, it must be adjacent to the dwelling or garage and must not extend or protrude beyond the front line of the dwelling or garage, whichever is adjacent to the parking area, and must be parked at least three (3) feet from the side property line and shall be screened by mature landscape that shall not protrude, overhang or impede onto the property line. . 6. In all cases the recreational vehicle(s) must be screened from view from the street by a six foot high decorative, opaque gate. 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 analysis , demonstrating that the parking demands for the uses for which shared parking is requested will not conflict. The parking analysis shall be prepared in accordance with the parking study guidelines, on file with the community development department. (b) The parking study shall address the following items: (1) Size and type of uses; (2) Composition of tenants, patrons, clients, employees and visitors of uses; 590 Resolution No. PC-2023-693 Page 107 107 (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: (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 591 Resolution No. PC-2023-693 Page 108 108 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 or carports - When the parking provisions of this article require that parking spaces for apartments or multi-family residential projects be provided in garages or carports, some parking spaces may be provided uncovered or in carports, as determined by the decisionmaker on the basis of findings that 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 or carport for each residential unit; and further provided that the decisionmaker may deny all or part of the requested administrative relief on the ground that the benefits of providing some or all required parking spaces in garages or carports are more important than an 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) Off-site parking shall not impact residential uses that may be adjacent to the proposed shared parking area. D. APPEAL OF DECISION REGARDING PARKING RELIEF. A decision granting or denying a request for parking relief may be appealed in accordance with the procedures for appealing the permit, license or entitlement for the use that is subject to the parking provisions from which parking relief was requested. 17.32.140 Conformance with State Law – The provisions of this Chapter shall be enforceable as permitted by State Law. Accordingly, certain deviations permitted by State Law to the requirements herein shall be evaluated upon receipt of eligible applications. 592 Resolution No. PC-2023-693 Page 109 109 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 Reserved. • 17.36.040 Standards for commercial zones. • 17.36.050 Standards for industrial zones. • 17.36.060 Standards for overlay and special purpose zones. 17.36.030 - Reserved 17.36.040 Standards for commercial zones. 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 not be required to be undergrounded unless otherwise identified in a utility underground district. B. Outdoor Storage. Outdoor storage of materials and equipment shall be permitted in the C-P-D zone only when approved as part of an entitlement, provided that such storage area shall be completely screened from view from any adjoining property or roadway by a solid wall or fence at least six (6) feet in height and shall be appropriately 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.) 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. 593 Resolution No. PC-2023-693 Page 110 110 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 or landscape screens as required in Section 17.24.040(F). Chapter 17.40 SIGN REGULATIONS 17.40.020 Definitions. “Bench sign” means a sign attached to a piece of furniture, such as a bus bench or similar device. “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 include a local, state, or federal flag, a flag with no text and only visual imagery, or religious symbology. “Flag sign, pennants or feather signs” means a piece or multiple pieces of fabric or similar material mounted on a flexible pole, not permanently affixed in the ground or on a building, with a commercial message, commercial branding, or meant to be attention getting. “Noncommercial message” means the messaging used on a sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose “Noncommercial sign” means a sign that does contain a noncommercial message or imagery. “Window sign” means any sign that is affixed to the interior side of a window and is visible from the exterior of the window, including open/closed signs. Signs placed inside a building, located at least 36 inches from any window or that are not visible from the exterior of the building are not considered window signs. 17.40.050 Signs not requiring a sign permit. F. Temporary real estate signs for open houses consistent with Section 17.40.100(F.2) of this chapter; G. Temporary freestanding noncommercial signs permitted by Section 17.40.100(E) of this chapter; H. Window signs permitted by Sections 17.40.110(B)(7) and (8) of this chapter. 17.40.060 Administration. 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. 594 Resolution No. PC-2023-693 Page 111 111 595 Resolution No. PC-2023-693 Page 112 112 17.40.100 Permitted signage in residential, institutional, and open space zones. 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. 1. Monument sign Front yard or street side yard of a corner lot, provided it is a Area: Twenty-four (24) square feet per side. Signs may be double- Number: One (1). Illumination: External. Landscaping: Minimum 596 Resolution No. PC-2023-693 Page 113 113 minimum of five (5) feet from the front yard or street side yard property line. faced. Height: Six (6) feet. 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. 597 Resolution No. PC-2023-693 Page 114 114 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 more than 30 consecutive days, no more than four times 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 for properties for lease or sale. 598 Resolution No. PC-2023-693 Page 115 115 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 or lease, 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. Open house directional signs for single family home (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. 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. 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. G. Subdivision sale signs and model home flagpoles. 599 Resolution No. PC-2023-693 Page 116 116 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. 600 Resolution No. PC-2023-693 Page 117 117 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). 601 Resolution No. PC-2023-693 Page 118 118 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. 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. 602 Resolution No. PC-2023-693 Page 119 119 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. 603 Resolution No. PC-2023-693 Page 120 120 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. 604 Resolution No. PC-2023-693 Page 121 121 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. 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. 605 Resolution No. PC-2023-693 Page 122 122 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. 606 Resolution No. PC-2023-693 Page 123 123 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. 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. 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. 607 Resolution No. PC-2023-693 Page 124 124 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 sign Adjacent to the drive- through queue. Area: 24 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. 608 Resolution No. PC-2023-693 Page 125 125 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. 609 Resolution No. PC-2023-693 Page 126 126 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. 610 Resolution No. PC-2023-693 Page 127 127 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. 611 Resolution No. PC-2023-693 Page 128 128 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 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 612 Resolution No. PC-2023-693 Page 129 129 street side yard property line. 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. 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. Open house directional signs for single-family 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. 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. 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. 613 Resolution No. PC-2023-693 Page 130 130 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. 614 Resolution No. PC-2023-693 Page 131 131 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. 615 Resolution No. PC-2023-693 Page 132 132 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. 616 Resolution No. PC-2023-693 Page 133 133 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. 6. 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. 7. 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. 617 Resolution No. PC-2023-693 Page 134 134 8.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. 9.Under canopy signs. 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. 10. 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. 11.Campaign signs. 618 Resolution No. PC-2023-693 Page 135 135 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 17.40.130 Prohibited signs. G. Mobile and portable signs; H. Off-site signs; I. Roof signs; J. Any sign which emits sound or an odor; K. Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with any free use of any fire escape, exit, or will obstruct any stairway, door, ventilator or window; L. Unsafe signs; M. Signs erected or attached to any utility pole; N. Signs erected in such a manner that they will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic; O. Signs located in the visual /sight distance area (refer to 17.24.030(F) and 17.24.050(C)) located near a driveway or an intersection, taller than three feet in height; 619 Resolution No. PC-2023-693 Page 136 136 Q. Signs attached to the exterior surfaces of windows, except as required by state or federal law and where such law preempts city regulations; P. Inflatable signs and balloons in excess of two (2) feet in diameter; Q. Hand-held commercial signs. 17.44.030 Zoning clearance. C. Zoning Clearance for Changes to discretionary development permits. For commercial, industrial, or institutional buildings , a zoning clearance may be issued to approve a change in color for an existing building, structure, or other on-site improvement, provided that the community development director is able to find that the new color(s) is (are) compatible with the architectural design of the building, structure, or other on-site improvement and consistent with the original findings and conditions of approval and specific plan, if applicable. This zoning clearance authority is intended to modify any condition of approval for a planned development permit or other entitlement approved prior to March 18, 2009 requiring city council or planning commission approval for a color change. D. Expiration. Zoning clearances shall expire one year after issuance, unless otherwise indicated by the community development director on the clearance or unless the use of land or structures or building construction has commenced and is being diligently pursued, as evidenced by current inspections and/or valid building permits. 17.44.040 Discretionary permits and exceptions. 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 revoked by the community development director prior to the expiration date based upon information that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the public. Temporary use permits shall take the place of a Zoning Clearance when applicable. Temporary uses lasting more than 180 days may be authorized to occur for a longer period of time with an Administrative Permit, at the discretion of the Community Development Director. The following special temporary use permits may be granted considering special conditions or time limits as noted. 620 Resolution No. PC-2023-693 Page 137 137 Construction Building or Office - A temporary use permit shall be required for the temporary placement of a construction trailer or other similar structure associated with a project site where a grading or building permit is approved. The temporary use permit may be issued for a period of time determined by the Director and shall be associated with an active construction site with an active building or grading permit. A separate building permit may also be required for such structure. An administrative permit may be obtained for the placement of a temporary construction building which would exceed placement of 180 days or more. Brush Clearance – A temporary use permit shall be required for temporary brush clearance where goats or similar animals are used for removal if excess brush, as required by the Fire Department. A temporary use permit issued for animal brush clearance shall include conditions of approval, applied by the Community Development Department at the discretion of the Director to ensure safety of the animals on the site, safety of humans within the vicinity of the subject property, and to ensure appropriate brush clearance is conducted. 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. 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 621 Resolution No. PC-2023-693 Page 138 138 the period before the date of the decision. After the comment period has ended, the community development director may approve the permit, deny the permit, or approve the permit subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other applicable regulations. 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 development would be served by adequate infrastructure including but not limited to access to public roadways, water, sewer, gas and / or electrical services, etc., and the development would not pose a health or safety concern or if located in a mapped hazard zone the development is designed to meet regulatory requirements to minimize health and safety concerns. C. Planned Development (PD) Permit. A planned development permit is required prior to initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review by the planning commission through a public hearing process is required to assure the project design complies with the provisions of this title and the general plan, and is compatible with neighboring properties. A planned development permit application is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures and other on-site improvements, landscaping design, neighborhood design, and permitted land uses shall be established as part of the planned development permit review and approval process. Any change to the initial permitted land uses shall require a modification consistent with the 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 (if required) shall hold at least one (1) public hearing on any planned development permit application for a commercial, industrial or residential planned development, while mixed use planned development permits shall be reviewed by the planning commission and decided by the city council. Following a public hearing, the planning commission shall be the decision authority for commercial, industrial, and residential planned development permits. The city council shall be the decision authority for mixed use planned development permits. Prior to approving, conditionally approving, or denying an application for a planned development permit, the planning commission (in the case of a commercial, industrial or residential planned development) or city council (in the case of a mixed use planned development) shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a planned development permit to be approved, the city council shall find that: 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; 622 Resolution No. PC-2023-693 Page 139 139 2. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area; and 3. The proposed development would be served by adequate infrastructure including but not limited to access to public roadways, water, sewer, gas and / or electrical services, etc., and the development would not pose a health or safety concern or if located in a mapped hazard zone the development is designed to meet regulatory requirements to minimize health and safety concerns. D. Conditional Use Permit (CUP). 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 would not result in an over concentration in the area of establishments selling alcoholic beverages, b. The use would serve a public convenience, c. The use would not create the need for increased police services, d. The requested use at the proposed location would not adversely affect the economic welfare of the community, and e. The exterior appearance of the structure would not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. 8. Additional Findings for Increase in Building Height. The following additional findings are required for the approval of conditional use permits for additional height in specified zones, not to exceed 60 feet: a. The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/ emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations. b. The increase in height will not result in an impact on adjacent properties that cannot be mitigated through the application of code, design standards, or reasonable conditions of approval. c. All required public facilities and services have adequate capacity to serve the proposal. d. The project meets the other requirements of the zoning code and intent of the General Plan. F. Administrative Exception. c. To allow an increase up to 20% for maximum building coverage, sign area or sign height; 17.44.050 Amendments to the general plan, specific plans, zoning map and zoning code. 623 Resolution No. PC-2023-693 Page 140 140 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 during the following submittal cycle schedule: 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 a. A pre-screening application shall be submitted and approved by the City Council prior to submittal of a formal application for a general plan, specific plan, or zoning amendment submitted by an applicant other than the City of Moorpark. b. A pre-screening application shall be made in a form and include the information as required by the Community Development Department. The application shall include appropriate maps, diagrams, text, and materials and shall include a fee or deposit as set forth by adopted Council resolution. c. The City Council shall hold at least one public hearing to consider a pre-screening application for a general plan, specific plan, or zoning amendment and render a decision on the approval or denial of the proposed amendment to allow a formal application to be submitted to the Community Development Department. d. In accordance with Municipal Code Section 17.44.060, no resubmittal of a substantially similar application may be made for one (1) year after a denial decision of a pre-screening request. e. City Council approvals of general plan, specific plan, or zoning code pre-screening applications are valid for two years from the date of approval, by which an application for the general plan, specific plan or zoning amendment must be filed and deemed complete. D. Filing of Formal Applications. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) shall submit an application consistent with the requirements outlined in Chapter 17.44 of the Municipal Code. Applications for which have not received an approved pre-screening, as described in subsection C, shall not be accepted. E. Study of Additional Area. The community development director, upon review of an application or resolution of intention for an amendment to the general plan map, any specific plan map or zoning map may elect to process the study of additional areas for amendment concurrently with the amendment request. F. Findings. The City Council shall make the following findings for amendments to the general plan, specific plans, zoning map or zoning code: 624 Resolution No. PC-2023-693 Page 141 141 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). 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 for a general plan, specific plan or zoning amendment. 17.44.080 Decisions. F. Expiration and Time Extension. Unless otherwise specified in this title or in the permit or exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire two (2) years from the date of 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 thirty (30) calendar days prior to the date of expiration. The time extension application shall be filed on the forms supplied by the community development director and shall be accompanied by the submittal requirements 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 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). 17.44.100 Modification, suspension and revocation. a. A maximum of twenty percent (20%) increase in floor area but not more or less than ten thousand (10,000) square feet, respectively; 625 Resolution No. PC-2023-693 Page 142 142 b. A maximum of twenty percent (20%) increase or decrease in the area or height of walls, fences or similar structures used as screening; c. A maximum of twenty percent (20%) increase or decrease in provision for landscaping or similar standards or dimensions; 17.74.040 Residential planned development regulations. For the purposes of this specific plan, all uses permitted in the specific plan No. 2 residential planned development single-family (SP2-RPD-SF) zone, are as specified in Table 17.20.050 of Title 17 for the single- family residential low (R-L) zone. 17.74.040.1 Single-family residential site development standards. 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. 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. 626 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING OF SEGMENT 1 OF ZONING ORDINANCE AMENDMENT NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE UPDATE, AND MAKING A DETERMINATION THAT THE ZONING CODE AND ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH WHEREAS, the City of Moorpark Zoning Code has not been comprehensively updated in more than 30 years and requires revision to ensure that it aligns with the current aspirations and values of the community, the Moorpark General Plan 2050 (“General Plan 2050”), and complies with current state law and regulations; and WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023- 01, known as the “Zoning Code Update” which proposes to amend the City of Moorpark Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5 (Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and replace the entirety of Title 17 (Zoning) of the Moorpark Municipal Code; and WHEREAS, the City, by and through its General Plan Advisory Committee, Planning Commission, City Council, and extensive community and stakeholder outreach, prepared General Plan 2050 as a comprehensive revision and update to the City’s existing General Plan which occurred between 2020 and 2023; and WHEREAS, on May 3, 2023, the City Council certified the Final Program Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution No. 2023-4173; and WHEREAS, pursuant to Government Code Section 65860 the City’s Zoning Ordinances must be consistent with the General Plan 2050 and must be amended within a reasonable time after any general plan amendment so that it is consistent with adopted General Plan; and WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01 to implement the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update for a 45-day public review period ending on April 24, 2023. During the public review period, 30 public comments were provided in writing to the City on the Draft Zoning Code Update; and ATTACHMENT 8 627 Ordinance No. ___ Page 2 WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop for the public to introduce and discuss the proposed Draft Zoning Code Update, approximately 15 members of the community participated; and WHEREAS, on April 17, 2023, the City Council held a Study Session at their regular meeting to consider the Draft Zoning Code Update. The City Council and the public provided comments and suggested revisions to the draft document; and WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted to the City website and a notice emailed to community stakeholders to consider the revisions and make public comments; and WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning Commission considered the Revised Draft Zoning Code Update, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and recommended that the City Council adopt the Revised Draft Zoning Code Update. The Planning Commission recommendations were made in segments pursuant to the segmentation requirements of the Fair Political Practices Commission (“FPPC”) as provided in 2 Cal. Code of Reg. Section 18706(a), with each Planning Commissioner with a conflict of interest in a particular segment recusing him or herself from participation in that segment. This segmentation process was accomplished by the adoption of Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC- 2023-696, recommending that the City Council approve Zoning Amendment No. 2023- 01; and WHEREAS, Planning Commission Segment 5 was reflected in Resolution No. PC- 2023-696 and contains all properties within the City of Moorpark and all proposed Moorpark Municipal Code text amendments not included in Planning Commission Segments 1 through 4 of Zoning Ordinance Amendment No. 2023-01; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in coordination of the General Plan 2050. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050, including the Zoning Code Update, fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050; and WHEREAS, the Planning Commission determined that Zoning Ordinance Amendment No. 2023-01 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050 and recommended that the City Council make a similar determination. The Draft Zoning Ordinance Amendment No. 2023-01 implements the intent, policies, and goals of the General Plan 2050. In addition, the 628 Ordinance No. ___ Page 3 Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously-analyzed by the certified Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15168; and WHEREAS, for the City Council’s consideration of the Zoning Code Update, the Zoning Code Update has been divided into four segments pursuant to the segmentation requirements of the FPPC as provided in 2 Cal. Code of Reg. Section 18706(a), with each Councilmember with a conflict of interest in a particular segment recusing him or herself from participation in that segment. This Segment 1, Ordinance No. ___ contains the Zoning Map amendments and zoning designation of Mayor Pro Tem Groff’s property on Woods Court from RPD-1.733U (1.73 dwelling units per acre) to RL (3 dwelling units per acre) and the change in zoning designations of properties within 1,000 feet of his properties. Segment 1 zoning map amendments are generally depicted on Exhibit A, which is incorporated herein by this reference. This Segment 1 also contains the Zoning Code Amendments establishing the Mixed Use Medium Zone and providing the allowable uses and development standards for the Mixed Use Medium Zone, including Zoning Code Sections 17.12.010(V), 17.16.100(B), 17.20.070 (pertaining to MUM) and Table 17.20.070 (Column MUM), 17.24.055 and Table 17.24.055 (Column MUM), 17.24.060, that would apply to Mayor Pro Tem Groff’s commercial property on High Street if his property is rezoned to that Mixed Use Medium Zone. Segment 1 zoning text amendments are generally described on Exhibit B which is incorporated herein by this reference; and WHEREAS, at a duly noticed public hearing on July 5, 2023, the City Council considered the proposed Zoning Amendment No. 2023-01, including the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. The findings made in this Ordinance are based upon the information and evidence set forth in the General Plan 2050 and certified Program EIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The General Plan 2050, Program EIR, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, CA 93021 and available on the City website. Each of these documents is incorporated herein by reference. 629 Ordinance No. ___ Page 4 SECTION 3. The City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Zoning Amendment No. 2023-01. SECTION 4. FINDINGS AND EVIDENCE. The findings made in this Ordinance are based upon the information and evidence set forth in the Recitals to this Ordinance, the Zoning Ordinance Amendment No. 2023-01, the Final Program EIR for the Moorpark General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), the General Plan 2050 (as adopted by City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 5. ENVIRONMENTAL DETERMINATION: The City Council concurs with the determination of the Planning Commission that the Zoning Code Update is consistent with, and within the scope of, the environmental analysis conducted as part of the General Plan 2050 and that no further environmental review is required. A. A Notice of Preparation and Program EIR was prepared in coordination with the General Plan Update. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050 that was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050. The Program EIR (State Clearinghouse No. 2022050327) fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level, and analyzed the Zoning Code Update. C. The Zoning Ordinance Amendment implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously-analyzed by the certified Program EIR for General Plan 2050 and are consistent and conforming to the General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15162. D. The City Council finds, in the exercise of its independent judgment and based on substantial evidence in the whole of the record, and recommends that the City Council find, that no further environmental review is required, including pursuant to Public Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because: (i) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the Project involving new significant environmental 630 Ordinance No. ___ Page 5 effects or a substantial increase in the severity of previously identified significant effects; (ii)No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the circumstances under which the Project is undertaken involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (iii) No information has been presented to the City to demonstrate that there is any new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete showing that the Project will have any significant or more severe effects than those discussed in the prior EIR, or that additional mitigation measures or alternatives would substantially reduce any significant effects on the environment disclosed in the prior EIR. SECTION 6. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings upon which this Ordinance is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and available on the City website at www.moorparkca.gov/212/General-Plan. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the City Council in this Ordinance. SECTION 7. GENERAL PLAN CONSISTENCY: The City Council finds that the Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the General Plan 2050 and is found consistent with the requirements of the General Plan for reasons including, but not limited to: A.General Plan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the GP Land Use Plan and revise as needed to reflect General Plan and Housing Element.” B.General Plan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance with the state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” 631 Ordinance No. ___ Page 6 C. General Plan 2050 Policy LU 1.1 provides: “Growth respecting Moorpark’s values and character: Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” D. General Plan 2050 Policy LU 1.2 provides: “Types and distribution of land uses: Accommodate population and employment growth attributable to the categories and standards for densities/intensities of the land uses depicted on the Land Use Diagram and as evaluated in the General Plan Program.” The Draft Zoning Code Update amends the Zoning Code so that the zoning districts reflect the land use designations in the General Plan 2050 Land Use Element and is therefore consistent with the General Plan 2050. E. General Plan 2050 Policy LU 3.1 provides: “Housing for all residents: Provide a mix of residential densities to accommodate the housing needs of all members of the community and address Moorpark’s fair share of regional housing needs consistent with the Housing Element.” F. General Plan 2050 Policy LU 3.3 provides: “Broader mix of housing types: Facilitate the development of mid-range, or “missing middle,” housing units such as duplexes, multiplexes, courtyard homes, and townhomes.” G. General Plan 2050 Policy LU 3.4 provides: “Reuse of declining commercial properties: Promote the redevelopment of commercial centers and corridors that are underutilized, where businesses have closed, and do not exhibit supportable market demand for economically viable uses desired by the community.” H. General Plan 2050 Policy LU 3.5 provides: “Mixed-use development: Provide for development projects that mix housing with commercial uses to enable Moorpark’s residents to live close to businesses and employment, reducing vehicle trips, and supporting social interactions.” I. General Plan 2050 Policy LU 5.1 provides: “Development complements existing character: Require that new development be designed to complement Moorpark’s historical family-oriented small-town feel.” J. General Plan 2050 Policy LU 5.5 provides: “Compatible land uses: Require design features that provide visual relief and separation between land uses of conflicting character.” K. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” 632 Ordinance No. ___ Page 7 L. General Plan 2050 Policy LU 6.2 provides: “Development transitions: Require that the scale and massing of new development in higher density locations provide appropriate transitions in building height and bulk that are sensitive to the physical and visual character of the adjoining uses.” M. General Plan 2050 Policy LU 7.2 provides: “Design development to respect natural setting: Require that new development respect, integrate with, and complement the natural features of the land including conforming building massing to topographic forms, restricting grading of steep slopes, and encouraging the preservation of visual horizon lines and significant hillsides as prominent visual features.” The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to ensure compliance with the General Plan and is therefore consistent with the General Plan 2050. SECTION 8. ZONE CHANGE FINDINGS: Based upon the information set forth in the agenda report(s), accompanying studies, the General Plan 2050 Program EIR and appendices, and oral and written public testimony, the City Council finds that the proposed Zoning Amendment No. 2023-01 is consistent with the General Plan 2050 including the Housing Element. SECTION 9. EVIDENCE IN THE RECORD. Prior to taking action, the City Council has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. The City’s independent consultants and City staff have reviewed and analyzed the comments received on the Draft Zoning Code Update. SECTION 10. ADOPTION OF SEGMENT 1 OF ZONING AMENDMENT NO. 2023-01. Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the City Council hereby approves Segment 1 of Zoning Amendment No. 2023-01. SECTION 11. SEVERABILITY. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective 30 days after its passage and adoption. A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. 633 Ordinance No. ___ Page 8 SECTION 13. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of the City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 19th of July, 2023. __________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachments: Exhibit A: Segment 1 Zoning Ordinance Amendment Map Exhibit B: Segment 1 Zoning Ordinance Text Amendments 634 Ordinance No. ___ Page 9 Exhibit A Segment 1 Zoning Ordinance Amendment Map Segment 1 contains the zoning map amendments and zoning designation of Mayor Pro Tem Groff’s property on Woods Court from RPD-1.733U (1.73 dwelling units per acre) to RL (3 dwelling units per acre) and the change in zoning designations of properties within 1,000 feet of his properties. 635 CHAMPIONSH I P GR I M E S C A N Y O N AGUSTA C I T R O N NICKLAUS W O O D S L O PEZ RAESCR E E K T R E V I N O RAW L S CRENSHAW Councilmember Groff City of Moorpark Public Information and Legislative Affairs Division June 29, 2023 1,000 Feet R-L OS-500AC COUNTY 636 Ordinance No. ___ Page 10 Ordinance No. ___ Page 11 Exhibit B Segment 1 Zoning Ordinance Text Amendments Segment 1 contains the Zoning Code Amendments establishing the Mixed Use Medium Zone and providing the allowable uses and development standards for the Mixed Use Medium Zone, including Zoning Code Sections 17.12.010(V), 17.16.100(B), 17.20.070 and Table 17.20.070 (Column MUM), 17.24.055 and Table 17.24.055 (Column MUM), 17.24.060, that would apply to Mayor Pro Tem Groff’s commercial property on High Street if his property is rezoned to that Mixed Use Medium Zone. (On file with the Community Development Department) 637 ATTACHMENT 9 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING OF SEGMENT 2 OF ZONING ORDINANCE AMENDMENT NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE UPDATE, AND MAKING A DETERMINATION THAT THE ZONING CODE AND ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH WHEREAS, the City of Moorpark Zoning Code has not been comprehensively updated in more than 30 years and requires revision to ensure that it aligns with the current aspirations and values of the community, the Moorpark General Plan 2050 (“General Plan 2050”), and complies with current state law and regulations; and WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023- 01, known as the “Zoning Code Update” which proposes to amend the City of Moorpark Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5 (Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and replace the entirety of Title 17 (Zoning) of the Moorpark Municipal Code; and WHEREAS, the City, by and through its General Plan Advisory Committee, Planning Commission, City Council, and extensive community and stakeholder outreach, prepared General Plan 2050 as a comprehensive revision and update to the City’s existing General Plan which occurred between 2020 and 2023; and WHEREAS, on May 3, 2023, the City Council certified the Final Program Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution No. 2023-4173; and WHEREAS, pursuant to Government Code Section 65860 the City’s Zoning Ordinances must be consistent with the General Plan 2050 and must be amended within a reasonable time after any general plan amendment so that it is consistent with adopted General Plan; and WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01 to implement the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update for a 45-day public review period ending on April 24, 2023. During the public review period, 30 public comments were provided in writing to the City on the Draft Zoning Code Update; and 638 Ordinance No. ___ Page 2 WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop for the public to introduce and discuss the proposed Draft Zoning Code Update, approximately 15 members of the community participated; and WHEREAS, on April 17, 2023, the City Council held a Study Session at their regular meeting to consider the Draft Zoning Code Update. The City Council and the public provided comments and suggested revisions to the draft document; and WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted to the City website and a notice emailed to community stakeholders to consider the revisions and make public comments; and WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning Commission considered the Revised Draft Zoning Code Update, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and recommended that the City Council adopt the Revised Draft Zoning Code Update. The Planning Commission recommendations were made in segments pursuant to the segmentation requirements of the Fair Political Practices Commission (“FPPC”) as provided in 2 Cal. Code of Reg. Section 18706(a), with each Planning Commissioner with a conflict of interest in a particular segment recusing him or herself from participation in that segment. This segmentation process was accomplished by the adoption of Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC- 2023-696, recommending that the City Council approve Zoning Amendment No. 2023- 01; and WHEREAS, Planning Commission Segment 5 was reflected in Resolution No. PC- 2023-696 and contains all properties within the City of Moorpark and all proposed Moorpark Municipal Code text amendments not included in Planning Commission Segments 1 through 4 of Zoning Ordinance Amendment No. 2023-01; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in coordination of the General Plan 2050. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050, including the Zoning Code Update, fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050; and WHEREAS, the Planning Commission determined that Zoning Ordinance Amendment No. 2023-01 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050 and recommended that the City Council make a similar determination. The Draft Zoning Ordinance Amendment No. 2023-01 implements the intent, policies, and goals of the General Plan 2050. In addition, the 639 Ordinance No. ___ Page 3 Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously analyzed by the certified Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15168; and WHEREAS, for the City Council’s consideration of the Zoning Code Update, the Zoning Code Update has been divided into four segments pursuant to the segmentation requirements of the FPPC as provided in 2 Cal. Code of Reg. Section 18706(a), with each Councilmember with a conflict of interest in a particular segment recusing him or herself from participation in that segment. This Segment 2, Ordinance No. ___ contains the zoning designation and zoning map amendments of (i) the commercial property Mayor Pro Tem Groff owns on High Street which is proposed to change from C-OT to Mixed Use Medium as well as properties within 1,000 feet of his property proposed to change from C-OT to Mixed Use Medium and from RPD 7-15 DU per acre and RPD 20 DU per acre to R-2 Medium Density Residential and (ii) properties within 1,000 feet of Councilmember Castro’s property on Charles Street proposed to change from C-OT to Mixed Use Medium and from RPD 7-15 DU per acre and RPD 20 DU per acre to R-2 Medium Density Residential, which are generally depicted on Exhibit A; and WHEREAS, at a duly noticed public hearing on July 5, 2023, the City Council considered the proposed Zoning Amendment No. 2023-01, including the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. The findings made in this Ordinance are based upon the information and evidence set forth in the General Plan 2050 and certified Program EIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The General Plan 2050, Program EIR, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, CA 93021 and available on the City website. Each of these documents is incorporated herein by reference. SECTION 3. The City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Zoning Amendment No. 2023-01. 640 Ordinance No. ___ Page 4 SECTION 4. FINDINGS AND EVIDENCE. The findings made in this Ordinance are based upon the information and evidence set forth in the Recitals to this Ordinance, the Zoning Ordinance Amendment No. 2023-01, the Final Program EIR for the Moorpark General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), the General Plan 2050 (as adopted by City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 5. ENVIRONMENTAL DETERMINATION: The City Council concurs with the determination of the Planning Commission that the Zoning Code Update is consistent with, and within the scope of, the environmental analysis conducted as part of the General Plan 2050 and that no further environmental review is required. A. A Notice of Preparation and Program EIR was prepared in coordination with the General Plan Update. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050 that was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050. The Program EIR (State Clearinghouse No. 2022050327) fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level, and analyzed the Zoning Code Update. C. The Zoning Ordinance Amendment implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously analyzed by the certified Program EIR for General Plan 2050 and are consistent and conforming to the General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15162. D. The City Council finds, in the exercise of its independent judgment and based on substantial evidence in the whole of the record, and recommends that the City Council find, that no further environmental review is required, including pursuant to Public Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because: (i) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the Project involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the circumstances under which the Project is undertaken involving new significant environmental effects or a substantial increase in 641 Ordinance No. ___ Page 5 the severity of previously identified significant effects; and (iii) No information has been presented to the City to demonstrate that there is any new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete showing that the Project will have any significant or more severe effects than those discussed in the prior EIR, or that additional mitigation measures or alternatives would substantially reduce any significant effects on the environment disclosed in the prior EIR. SECTION 6. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings upon which this Ordinance is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and available on the City website at www.moorparkca.gov/212/General-Plan. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the City Council in this Ordinance. SECTION 7. GENERAL PLAN CONSISTENCY: The City Council finds that the Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the General Plan 2050 and is found consistent with the requirements of the General Plan for reasons including, but not limited to: A.General Plan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the GP Land Use Plan and revise as needed to reflect General Plan and Housing Element.” B.General Plan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance the state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” C.General Plan 2050 Policy LU 1.1 provides: “Growth respecting Moorpark’s values and character: Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” 642 Ordinance No. ___ Page 6 D. General Plan 2050 Policy LU 1.2 provides: “Types and distribution of land uses: Accommodate population and employment growth attributable to the categories and standards for densities/intensities of the land uses depicted on the Land Use Diagram and as evaluated in the General Plan Program.” The Draft Zoning Code Update amends the Zoning Code so that the zoning districts reflect the land use designations in the General Plan 2050 Land Use Element and is therefore consistent with the General Plan 2050. E. General Plan 2050 Policy LU 3.1 provides: “Housing for all residents: Provide a mix of residential densities to accommodate the housing needs of all members of the community and address Moorpark’s fair share of regional housing needs consistent with the Housing Element.” F. General Plan 2050 Policy LU 3.3 provides: “Broader mix of housing types: Facilitate the development of mid-range, or “missing middle,” housing units such as duplexes, multiplexes, courtyard homes, and townhomes.” G. General Plan 2050 Policy LU 3.4 provides: “Reuse of declining commercial properties: Promote the redevelopment of commercial centers and corridors that are underutilized, where businesses have closed, and do not exhibit supportable market demand for economically viable uses desired by the community.” H. General Plan 2050 Policy LU 3.5 provides: “Mixed-use development: Provide for development projects that mix housing with commercial uses to enable Moorpark’s residents to live close to businesses and employment, reducing vehicle trips, and supporting social interactions.” I. General Plan 2050 Policy LU 5.1 provides: “Development complements existing character: Require that new development be designed to complement Moorpark’s historical family-oriented small-town feel.” J. General Plan 2050 Policy LU 5.5 provides: “Compatible land uses: Require design features that provide visual relief and separation between land uses of conflicting character.” K. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” L. General Plan 2050 Policy LU 6.2 provides: “Development transitions: Require that the scale and massing of new development in higher density locations provide appropriate transitions in building height and bulk that are sensitive to the physical and visual character of the adjoining uses.” 643 Ordinance No. ___ Page 7 M. General Plan 2050 Policy LU 7.2 provides: “Design development to respect natural setting: Require that new development respect, integrate with, and complement the natural features of the land including conforming building massing to topographic forms, restricting grading of steep slopes, and encouraging the preservation of visual horizon lines and significant hillsides as prominent visual features.” The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to ensure compliance with the General Plan and is therefore consistent with the General Plan 2050. SECTION 8. ZONE CHANGE FINDINGS: Based upon the information set forth in the agenda report(s), accompanying studies, the General Plan 2050 Program EIR and appendices, and oral and written public testimony, the City Council finds that the proposed Zoning Amendment No. 2023-01 is consistent with the General Plan 2050 including the Housing Element. SECTION 9. EVIDENCE IN THE RECORD. Prior to taking action, the City Council has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. The City’s independent consultants and City staff have reviewed and analyzed the comments received on the Draft Zoning Code Update. SECTION 10. ADOPTION OF SEGMENT 2 OF ZONING AMENDMENT NO. 2023-01. Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the City Council hereby approves Segment 2 of Zoning Amendment No. 2023-01. SECTION 11. SEVERABILITY. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective 30 days after its passage and adoption. A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. 644 Ordinance No. ___ Page 8 SECTION 13. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of the City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 19th of July, 2023. __________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachment: Exhibit A: Segment 2 Zoning Ordinance Amendment Map 645 Ordinance No. ___ Page 9 Exhibit A Segment 2 Zoning Ordinance Amendment Map Segment 2 contains the zoning designation and zoning map amendments of (i) the commercial property Mayor Pro Tem Groff owns on High Street which is proposed to change from C-OT to Mixed Use Medium as well as properties within 1,000 feet of his property proposed to change from C-OT to Mixed Use Medium and from RPD 7-15 DU per acre and RPD 20 DU per acre to R-2 Medium Density Residential and (ii) properties within 1,000 feet of Councilmember Castro’s property on Charles Street proposed to change from C-OT to Mixed Use Medium and from RPD 7-15 DU per acre and RPD 20 DU per acre to R-2 Medium Density Residential. 646 2ND HIGH SP R I N G CHARLES 1ST SOUTHERN PACIFIC RUTH WICKS MO O R P A R K BA R D EVERETT FLINN DOROTHY VAL L E Y HA R R Y WA L N U T MI N O R MI L L A R D CO R N E T T POINDEXTER CASEY MC F A D D E N PRINCETON W A LNUTCANYON BONNIE VIEW SI R G E O R G E MA G N O L I A L U C ILLE BA R D MA G N O L I A Councilmember Groff City of Moorpark Public Information and Legislative Affairs Division June 29, 2023 1,000 Feet MUM 55&27 MUMMUMMUM CPD M-1 55 R-1 R-3 647 Ordinance No. ___ Page 10 HIGH CHARLES SP R I N G WICKS 1ST SOUTHERN PACIFIC VAL L E Y PRINCETON EVERETT DOROTHY LUCI L L E WA L N U T BA R D H E D Y L A N D BONNIE VIEW SI R G E O R G E MA G N O L I A FITCH O A K B L U F F HA R R Y WA R R E N BA R D MA G N O L I A Councilmember Castro City of Moorpark Public Information and Legislative Affairs Division June 29, 2023 1,000 Feet MUM R-2 R-1 I-FCPD Moorpark Highlands Specific Plan 648 Ordinance No ___ Page 11 ATTACHMENT 10 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING OF SEGMENT 3 OF ZONING ORDINANCE AMENDMENT NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE UPDATE, AND MAKING A DETERMINATION THAT THE ZONING CODE AND ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH WHEREAS, the City of Moorpark Zoning Code has not been comprehensively updated in more than 30 years and requires revision to ensure that it aligns with the current aspirations and values of the community, the Moorpark General Plan 2050 (“General Plan 2050”), and complies with current state law and regulations; and WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023- 01, known as the “Zoning Code Update” which proposes to amend the City of Moorpark Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5 (Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and replace the entirety of Title 17 (Zoning) of the Moorpark Municipal Code; and WHEREAS, the City, by and through its General Plan Advisory Committee, Planning Commission, City Council, and extensive community and stakeholder outreach, prepared General Plan 2050 as a comprehensive revision and update to the City’s existing General Plan which occurred between 2020 and 2023; and WHEREAS, on May 3, 2023, the City Council certified the Final Program Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution No. 2023-4173; and WHEREAS, pursuant to Government Code Section 65860 the City’s Zoning Ordinances must be consistent with the General Plan 2050 and must be amended within a reasonable time after any general plan amendment so that it is consistent with adopted General Plan; and WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01 to implement the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update for a 45-day public review period ending on April 24, 2023. During the public review period, 30 public comments were provided in writing to the City on the Draft Zoning Code Update; and 649 Ordinance No. ___ Page 2 WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop for the public to introduce and discuss the proposed Draft Zoning Code Update, approximately 15 members of the community participated; and WHEREAS, on April 17, 2023, the City Council held a Study Session at their regular meeting to consider the Draft Zoning Code Update. The City Council and the public provided comments and suggested revisions to the draft document; and WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted to the City website and a notice emailed to community stakeholders to consider the revisions and make public comments; and WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning Commission considered the Revised Draft Zoning Code Update, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and recommended that the City Council adopt the Revised Draft Zoning Code Update. The Planning Commission recommendations were made in segments pursuant to the segmentation requirements of the Fair Political Practices Commission (“FPPC”) as provided in 2 Cal. Code of Reg. Section 18706(a), with each Planning Commissioner with a conflict of interest in a particular segment recusing him or herself from participation in that segment. This segmentation process was accomplished by the adoption of Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC- 2023-696, recommending that the City Council approve Zoning Amendment No. 2023- 01; and WHEREAS, Planning Commission Segment 5 was reflected in Resolution No. PC- 2023-696 and contains all properties within the City of Moorpark and all proposed Moorpark Municipal Code text amendments not included in Planning Commission Segments 1 through 4 of Zoning Ordinance Amendment No. 2023-01; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in coordination of the General Plan 2050. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050, including the Zoning Code Update, fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050; and WHEREAS, the Planning Commission determined that Zoning Ordinance Amendment No. 2023-01 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050 and recommended that the City Council make a similar determination. The Draft Zoning Ordinance Amendment No. 2023-01 implements the intent, policies, and goals of the General Plan 2050. In addition, the 650 Ordinance No. ___ Page 3 Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously analyzed by the certified Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15168; and WHEREAS, for the City Council’s consideration of the Zoning Code Update, the Zoning Code Update has been divided into four segments pursuant to the segmentation requirements of the FPPC as provided in 2 Cal. Code of Reg. Section 18706(a), with each Councilmember with a conflict of interest in a particular segment recusing him or herself from participation in that segment. This Segment 3, Ordinance No. ___ contains zoning map and designation amendments of the property of the business Mayor Enegren operates on Zachary Street and properties within 1,000 feet of that property, which are proposed to change from M-1 Light Industrial with a 0.38 floor area ratio to I-F - Industrial Flex with a 1.0 floor area ratio. Segment 3 zoning map amendments are generally depicted on Exhibit A, which is incorporated herein by this reference. This Segment 3 also contains the Zoning Text Amendments pertaining to adding the I-F Industrial Flex Zone and the applicable development standards, including proposed Zoning Code Sections 17.12.010 (N), 17.16.060(C), 17.20.060 (Column I-F), and 17.24.035 (Table 17.24.035, Column I-F). Segment 3 zoning text amendments are generally described on Exhibit B which is incorporated herein by this reference; and WHEREAS, at a duly noticed public hearing on July 5, 2023, the City Council considered the proposed Zoning Amendment No. 2023-01, including the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. The findings made in this Ordinance are based upon the information and evidence set forth in the General Plan 2050 and certified Program EIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The General Plan 2050, Program EIR, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, CA 93021 and available on the City website. Each of these documents is incorporated herein by reference. 651 Ordinance No. ___ Page 4 SECTION 3. The City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Zoning Amendment No. 2023-01. SECTION 4. FINDINGS AND EVIDENCE. The findings made in this Ordinance are based upon the information and evidence set forth in the Recitals to this Ordinance, the Zoning Ordinance Amendment No. 2023-01, the Final Program EIR for the Moorpark General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), the General Plan 2050 (as adopted by City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 5. ENVIRONMENTAL DETERMINATION: The City Council concurs with the determination of the Planning Commission that the Zoning Code Update is consistent with, and within the scope of, the environmental analysis conducted as part of the General Plan 2050 and that no further environmental review is required. A. A Notice of Preparation and Program EIR was prepared in coordination with the General Plan Update. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050 that was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050. The Program EIR (State Clearinghouse No. 2022050327) fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level, and analyzed the Zoning Code Update. C. The Zoning Ordinance Amendment implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously analyzed by the certified Program EIR for General Plan 2050 and are consistent and conforming to the General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15162. D. The City Council finds, in the exercise of its independent judgment and based on substantial evidence in the whole of the record, and recommends that the City Council find, that no further environmental review is required, including pursuant to Public Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because: (i) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the Project involving new significant environmental 652 Ordinance No. ___ Page 5 effects or a substantial increase in the severity of previously identified significant effects; (ii) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the circumstances under which the Project is undertaken involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (iii) No information has been presented to the City to demonstrate that there is any new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete showing that the Project will have any significant or more severe effects than those discussed in the prior EIR, or that additional mitigation measures or alternatives would substantially reduce any significant effects on the environment disclosed in the prior EIR. SECTION 6. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings upon which this Ordinance is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and available on the City website at www.moorparkca.gov/212/General-Plan. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the City Council in this Ordinance. SECTION 7. GENERAL PLAN CONSISTENCY: The City Council finds that the Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the General Plan 2050 and is found consistent with the requirements of the General Plan for reasons including, but not limited to: A. General Plan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the GP Land Use Plan and revise as needed to reflect General Plan and Housing Element.” B. General Plan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance with the state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” 653 Ordinance No. ___ Page 6 C. General Plan 2050 Policy LU 1.1 provides: “Growth respecting Moorpark’s values and character: Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” D. General Plan 2050 Policy LU 1.2 provides: “Types and distribution of land uses: Accommodate population and employment growth attributable to the categories and standards for densities/intensities of the land uses depicted on the Land Use Diagram and as evaluated in the General Plan Program.” The Draft Zoning Code Update amends the Zoning Code so that the zoning districts reflect the land use designations in the General Plan 2050 Land Use Element and is therefore consistent with the General Plan 2050. E. General Plan 2050 Policy LU 3.1 provides: “Housing for all residents: Provide a mix of residential densities to accommodate the housing needs of all members of the community and address Moorpark’s fair share of regional housing needs consistent with the Housing Element.” F. General Plan 2050 Policy LU 3.3 provides: “Broader mix of housing types: Facilitate the development of mid-range, or “missing middle,” housing units such as duplexes, multiplexes, courtyard homes, and townhomes.” G. General Plan 2050 Policy LU 3.4 provides: “Reuse of declining commercial properties: Promote the redevelopment of commercial centers and corridors that are underutilized, where businesses have closed, and do not exhibit supportable market demand for economically viable uses desired by the community.” H. General Plan 2050 Policy LU 3.5 provides: “Mixed-use development: Provide for development projects that mix housing with commercial uses to enable Moorpark’s residents to live close to businesses and employment, reducing vehicle trips, and supporting social interactions.” I. General Plan 2050 Policy LU 5.1 provides: “Development complements existing character: Require that new development be designed to complement Moorpark’s historical family-oriented small-town feel.” J. General Plan 2050 Policy LU 5.5 provides: “Compatible land uses: Require design features that provide visual relief and separation between land uses of conflicting character.” K. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” 654 Ordinance No. ___ Page 7 L. General Plan 2050 Policy LU 6.2 provides: “Development transitions: Require that the scale and massing of new development in higher density locations provide appropriate transitions in building height and bulk that are sensitive to the physical and visual character of the adjoining uses.” M. General Plan 2050 Policy LU 7.2 provides: “Design development to respect natural setting: Require that new development respect, integrate with, and complement the natural features of the land including conforming building massing to topographic forms, restricting grading of steep slopes, and encouraging the preservation of visual horizon lines and significant hillsides as prominent visual features.” The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to ensure compliance with the General Plan and is therefore consistent with the General Plan 2050. SECTION 8. ZONE CHANGE FINDINGS: Based upon the information set forth in the agenda report(s), accompanying studies, the General Plan 2050 Program EIR and appendices, and oral and written public testimony, the City Council finds that the proposed Zoning Amendment No. 2023-01 is consistent with the General Plan 2050 including the Housing Element. SECTION 9. EVIDENCE IN THE RECORD. Prior to taking action, the City Council has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. The City’s independent consultants and City staff have reviewed and analyzed the comments received on the Draft Zoning Code Update. SECTION 10. ADOPTION OF SEGMENT 3 OF ZONING AMENDMENT NO. 2023-01. Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the City Council hereby approves Segment 3 of Zoning Amendment No. 2023-01. SECTION 11. SEVERABILITY. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective 30 days after its passage and adoption. A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. 655 Ordinance No. ___ Page 8 SECTION 13. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of the City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 19th of July, 2023. __________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachments: Exhibit A: Segment 3 Zoning Ordinance Amendment Map Exhibit B: Segment 3 Zoning Ordinance Text Amendments 656 Ordinance No. ___ Page 9 Exhibit A Segment 3 Zoning Ordinance Amendment Map Segment 3 contains zoning map and designation amendments of the property of the business Mayor Engren operates on Zachary Street and properties within 1,000 feet of that property, which are proposed to change from M-1 Light Industrial with a 0.38 floor area ratio to I-F - Industrial Flex with a 1.0 floor area ratio. 657 HA R R Y SOUTHERN PACIFIC SC I E N C E 2ND FLINN PRINCETON HIGH SPRING LOS AN G E L E S RUTH MI N O R SUSAN SARAH 1 1 8 ESTHER ROBERTS DOROTHY ZA C H A R Y CHAR L E S FITCH M A R K E T P L A C E ROBERTS Mayor Enegren City of Moorpark Public Information and Legislative Affairs Division June 29, 2023 1,000 Feet I-F I MUM M-2 M-1 O-SR-1 R-2 CPD R-3 658 Ordinance No. ___ Page 10 Ordinance No. ___ Page 11 Exhibit B Segment 3 Zoning Ordinance Text Amendments Segment 3 contains the Zoning Text Amendments pertaining to adding the I-F Industrial Flex Zone and the applicable development standards, including proposed Zoning Code Sections 17.12.010 (N), 17.16.060(C), 17.20.060 (Column I-F), and 17.24.035 (Table 17.24.035, Column I-F). On file with the Community Development Department. 659 ATTACHMENT 11 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING OF SEGMENT 4 OF ZONING ORDINANCE AMENDMENT NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE UPDATE, AND MAKING A DETERMINATION THAT THE ZONING CODE AND ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH WHEREAS, the City of Moorpark Zoning Code has not been comprehensively updated in more than 30 years and requires revision to ensure that it aligns with the current aspirations and values of the community, the Moorpark General Plan 2050 (“General Plan 2050”), and complies with current state law and regulations; and WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023- 01, known as the “Zoning Code Update” which proposes to amend the City of Moorpark Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5 (Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and replace the entirety of Title 17 (Zoning) of the Moorpark Municipal Code; and WHEREAS, the City, by and through its General Plan Advisory Committee, Planning Commission, City Council, and extensive community and stakeholder outreach, prepared General Plan 2050 as a comprehensive revision and update to the City’s existing General Plan which occurred between 2020 and 2023; and WHEREAS, on May 3, 2023, the City Council certified the Final Program Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution No. 2023-4173; and WHEREAS, pursuant to Government Code Section 65860 the City’s Zoning Ordinances must be consistent with the General Plan 2050 and must be amended within a reasonable time after any general plan amendment so that it is consistent with adopted General Plan; and WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01 to implement the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update for a 45-day public review period ending on April 24, 2023. During the public review period, 30 public comments were provided in writing to the City on the Draft Zoning Code Update; and 660 Ordinance No. ___ Page 2 WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop for the public to introduce and discuss the proposed Draft Zoning Code Update, approximately 15 members of the community participated; and WHEREAS, on April 17, 2023, the City Council held a Study Session at their regular meeting to consider the Draft Zoning Code Update. The City Council and the public provided comments and suggested revisions to the draft document; and WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted to the City website and a notice emailed to community stakeholders to consider the revisions and make public comments; and WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning Commission considered the Revised Draft Zoning Code Update, including the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and recommended that the City Council adopt the Revised Draft Zoning Code Update. The Planning Commission recommendations were made in segments pursuant to the segmentation requirements of the Fair Political Practices Commission (“FPPC”) as provided in 2 Cal. Code of Reg. Section 18706(a), with each Planning Commissioner with a conflict of interest in a particular segment recusing him or herself from participation in that segment. This segmentation process was accomplished by the adoption of Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC- 2023-696, recommending that the City Council approve Zoning Amendment No. 2023- 01; and WHEREAS, Planning Commission Segment 5 was reflected in Resolution No. PC- 2023-696 and contains all properties within the City of Moorpark and all proposed Moorpark Municipal Code text amendments not included in Planning Commission Segments 1 through 4 of Zoning Ordinance Amendment No. 2023-01; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in coordination of the General Plan 2050. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050, including the Zoning Code Update, fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050; and WHEREAS, the Planning Commission determined that Zoning Ordinance Amendment No. 2023-01 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050 and recommended that the City Council make a similar determination. The Draft Zoning Ordinance Amendment No. 2023-01 implements the intent, policies, and goals of the General Plan 2050. In addition, the 661 Ordinance No. ___ Page 3 Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously analyzed by the certified Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15168; and WHEREAS, for the City Council’s consideration of the Zoning Code Update, the Zoning Code Update has been divided into four segments pursuant to the segmentation requirements of the FPPC as provided in 2 Cal. Code of Reg. Section 18706(a), with each Councilmember with a conflict of interest in a particular segment recusing him or herself from participation in that segment. The City Council, by separate Ordinance No. ___, Ordinance No. ___, and Ordinance No. ___, respectively, will consider Segments 1 through 3 of Zoning Ordinance Amendment No. 2023-01. This Segment 4, Ordinance No. ___ contains all properties within the City of Moorpark and all proposed Moorpark Municipal Code text amendments not included in Segments 1 through 3 of Zoning Ordinance Amendment No. 2023-01. Exhibit A generally depicts the zoning map amendments and Exhibit B generally describes the municipal code text amendments. Both Exhibits A and B are incorporated herein by this reference; and WHEREAS, at a duly noticed public hearing on July 5, 2023, the City Council considered the proposed Zoning Amendment No. 2023-01, including the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. The findings made in this Ordinance are based upon the information and evidence set forth in the General Plan 2050 and certified Program EIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The General Plan 2050, Program EIR, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, CA 93021 and available on the City website. Each of these documents is incorporated herein by reference. SECTION 3. The City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Zoning Amendment No. 2023-01. 662 Ordinance No. ___ Page 4 SECTION 4. FINDINGS AND EVIDENCE. The findings made in this Ordinance are based upon the information and evidence set forth in the Recitals to this Ordinance, the Zoning Ordinance Amendment No. 2023-01, the Final Program EIR for the Moorpark General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), the General Plan 2050 (as adopted by City Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 5. ENVIRONMENTAL DETERMINATION: The City Council concurs with the determination of the Planning Commission that the Zoning Code Update is consistent with, and within the scope of, the environmental analysis conducted as part of the General Plan 2050 and that no further environmental review is required. A. A Notice of Preparation and Program EIR was prepared in coordination with the General Plan Update. The Program EIR analyzed impacts associated with the implementation of the General Plan 2050 that was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for General Plan 2050. The Program EIR (State Clearinghouse No. 2022050327) fully describes the project, existing conditions within the City of Moorpark, analyzes the potential environmental impacts of implementing the project, identifies mitigation measures to minimize significant impacts to a less than significant level, and analyzed the Zoning Code Update. C. The Zoning Ordinance Amendment implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified as part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed changes are consistent with the scope of those previously analyzed by the certified Program EIR for General Plan 2050 and are consistent and conforming to the General Plan 2050. Therefore, the proposed Zoning Ordinance Amendment is within the scope of the Program EIR for the General Plan 2050 and no further environmental analysis is required pursuant to CEQA Section 15162. D. The City Council finds, in the exercise of its independent judgment and based on substantial evidence in the whole of the record, and recommends that the City Council find, that no further environmental review is required, including pursuant to Public Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because: (i) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the Project involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii) No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the circumstances under which the Project is undertaken involving new significant environmental effects or a substantial increase in 663 Ordinance No. ___ Page 5 the severity of previously identified significant effects; and (iii) No information has been presented to the City to demonstrate that there is any new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete showing that the Project will have any significant or more severe effects than those discussed in the prior EIR, or that additional mitigation measures or alternatives would substantially reduce any significant effects on the environment disclosed in the prior EIR. SECTION 6. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies, appendices, plans, specifications, and other documents and materials that constitute the record of proceedings upon which this Ordinance is based on, are on-file for public examination during normal business hours at the City of Moorpark Community Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and available on the City website at www.moorparkca.gov/212/General-Plan. Each of these documents is incorporated herein by reference in connection with making the findings and approvals taken by the City Council in this Ordinance. SECTION 7. GENERAL PLAN CONSISTENCY: The City Council finds that the Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the General Plan 2050 and is found consistent with the requirements of the General Plan for reasons including, but not limited to: A. General Plan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to ensure compliance with applicable state and federal regulations and relevance to state- of-the art practices and amendments/updates of the GP Land Use Plan and revise as needed to reflect General Plan and Housing Element.” B. General Plan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance with the state and federal regulations and best practices including, but not limited to, adoption of state-of-the-art technologies, age-friendly, barrier-free development, sustainable development and infrastructure, reduction and resilience to the impacts of climate change, and other features that promote the health and safety of buildings.” C. General Plan 2050 Policy LU 1.1 provides: “Growth respecting Moorpark’s values and character: Accommodate growth that is consistent with community values and complements the scale and character of Moorpark’s residential neighborhoods, business districts, and natural environmental setting.” 664 Ordinance No. ___ Page 6 D. General Plan 2050 Policy LU 1.2 provides: “Types and distribution of land uses: Accommodate population and employment growth attributable to the categories and standards for densities/intensities of the land uses depicted on the Land Use Diagram and as evaluated in the General Plan Program.” The Draft Zoning Code Update amends the Zoning Code so that the zoning districts reflect the land use designations in the General Plan 2050 Land Use Element and is therefore consistent with the General Plan 2050. E. General Plan 2050 Policy LU 3.1 provides: “Housing for all residents: Provide a mix of residential densities to accommodate the housing needs of all members of the community and address Moorpark’s fair share of regional housing needs consistent with the Housing Element.” F. General Plan 2050 Policy LU 3.3 provides: “Broader mix of housing types: Facilitate the development of mid-range, or “missing middle,” housing units such as duplexes, multiplexes, courtyard homes, and townhomes.” G. General Plan 2050 Policy LU 3.4 provides: “Reuse of declining commercial properties: Promote the redevelopment of commercial centers and corridors that are underutilized, where businesses have closed, and do not exhibit supportable market demand for economically viable uses desired by the community.” H. General Plan 2050 Policy LU 3.5 provides: “Mixed-use development: Provide for development projects that mix housing with commercial uses to enable Moorpark’s residents to live close to businesses and employment, reducing vehicle trips, and supporting social interactions.” I. General Plan 2050 Policy LU 5.1 provides: “Development complements existing character: Require that new development be designed to complement Moorpark’s historical family-oriented small-town feel.” J. General Plan 2050 Policy LU 5.5 provides: “Compatible land uses: Require design features that provide visual relief and separation between land uses of conflicting character.” K. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” L. General Plan 2050 Policy LU 6.2 provides: “Development transitions: Require that the scale and massing of new development in higher density locations provide appropriate transitions in building height and bulk that are sensitive to the physical and visual character of the adjoining uses.” 665 Ordinance No. ___ Page 7 M. General Plan 2050 Policy LU 7.2 provides: “Design development to respect natural setting: Require that new development respect, integrate with, and complement the natural features of the land including conforming building massing to topographic forms, restricting grading of steep slopes, and encouraging the preservation of visual horizon lines and significant hillsides as prominent visual features.” The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to ensure compliance with the General Plan and is therefore consistent with the General Plan 2050. SECTION 8. ZONE CHANGE FINDINGS: Based upon the information set forth in the agenda report(s), accompanying studies, the General Plan 2050 Program EIR and appendices, and oral and written public testimony, the City Council finds that the proposed Zoning Amendment No. 2023-01 is consistent with the General Plan 2050 including the Housing Element. SECTION 9. EVIDENCE IN THE RECORD. Prior to taking action, the City Council has heard, been presented with, reviewed and considered the information and data in the record, including oral and written testimony presented for and during the public hearing. The City’s independent consultants and City staff have reviewed and analyzed the comments received on the Draft Zoning Code Update. SECTION 10. ADOPTION OF SEGMENT 4 OF ZONING AMENDMENT NO. 2023-01. Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the City Council hereby approves Segment 4 of Zoning Amendment No. 2023-01 including the Zoning Map Amendments generally depicted in Exhibit A and Municipal Code text revisions generally described in Exhibit B, except as those covered by Segments 1 through 3 and Ordinance No. ____, Ordinance No. ___, and Ordinance No. ___, respectively. SECTION 11. SEVERABILITY. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective 30 days after its passage and adoption. A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. 666 Ordinance No. ___ Page 8 SECTION 13. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of the City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 19th of July, 2023. __________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Attachments: Exhibit A: Segment 4 Zoning Ordinance Amendment Map Exhibit B: Segment 4 Zoning Ordinance Text Amendments 667 Ordinance No. ___ Page 9 Exhibit A Segment 4 Zoning Ordinance Amendment Map Segment 4 contains all zoning map and designation amendments to all properties within the City of Moorpark not included in Segments 1 through 3 and Ordinances No. ___, Ordinances No. ___, and No. ___, respectively. 668 Ordinance No. ___ Page 10 Exhibit B Segment 4 Zoning Ordinance Text Amendments Segment 4 contains the Zoning Text Amendments pertaining to all properties within the City of Moorpark not included in Segments 1 through 3 and Ordinances No. ___, Ordinances No. ___, and No. ___, respectively. 669 Ordinance No. ___ Page 11 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 ZONING ORDINANCE AMENDMENT TEXT CHAPTER 1 – General Provisions (Revise and replace section below) 1.10.070 Infraction penalties. Any person convicted of an infraction for the viol ation of this code, including any person convicted of an infraction for a violation of any city building o r safety code, may be punished by the maximum fines permitted by Government Code Section 25132 and 36900 et seq. CHAPTER 5 – Business Taxes, Licenses and Regulations (Revise and replace sections below) 5.64.090 Hours of operation and location restrictions. A. Vendors must operate only between the hours of 7:00 a.m. to 9:00 p.m. Monday through Sunday, except as fur- ther restricted by Section 5.64.090(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 8:00 a.m. and four 4:00 p.m. on days school is in session. The authority may approve a temporary use permit to allow the conduct of the business for which a street vendor is permitted for special events or occasions sponsored by the city. C. The prohibition of this section does not apply to any person invited in writing to call upon any elementary or secondary public or private school by the principal of the school or other authorized person thereof. The written invita- tion shall be presented to any city official or law enforcement officer upon demand. D. It is unlawful for any street vendor to solicit business on private property that has a “No Solicitors” si gn promi- nently displayed. E. Vendors are prohibited from operating within 500 feet of a special event or farmer’s market, unless otherwise posing a health, safety or welfare concern as described in Government Code Sections 51038 and 51039. F. No amplified music may be allowed when stopped on a public street or public right-of-way. 5.64.100 Vehicle tags and parking restrictions. C. While engaged in selling or delivering products from a vehicle used in his or her trade, including but not limited to the sale of foods, the permittee shall not stop such vehicle for more than 60 minutes in any one location on any pub- lic street or public right-of-way, or any private property within the city, unless other parking restrictions are enforced. The street vendor must move a minimum of a quarter mile from last location. The street vendor must move a minimum of a quarter mile from last location. The authority may approve a temporary use permit to allow a street vendor vehicle to stop for longer periods of time tha n specified for special events or occasions. Chapter 8 – Health and Safety (Revise and replace section below) 5 8.14.140 Prohibition against maintaining graffiti on privately-owned property. A. It is unlawful for the owners and/or persons in possession of privately-owned property to permit graffiti within the city to remain on such property for more than seven days after written notice from the city is served to remove the same, except as provided in subsection B of this section. B. It is unlawful for the owners and/or persons in possession of property used for a residence to permit graffiti to remain on such property for more than seven calendar days after written notice from the city is served to remove the same where graffiti thereon can only be seen from a public alley or from public or private property not accessible by the general public. C. When paint is used to cover graffiti on private property, paint matching the ori ginal surface color of the dam- aged item shall be utilized. 670 Ordinance No. ___ Page 12 D. Written notice pursuant to this chapter is served and complete at the time of deposit of a copy of the notice in the U.S. mail or when personal service of the notice is effectuated. Chapter 10 – Vehicles and Traffic (Revise and replace section below) 10.04.300 Commercial vehicles in residential areas. It is unlawful to park any commercial vehicle, having a specific manufacturer’s gross weight ra ting 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 se c- tion, “commercial vehicle” means any vehicle identified with Commercial Vehicle Registration Act (CVRA) weight decal used or maintained for the transportation of persons for hire, compensation or profit, or any vehicle designed, used or maintained primarily for the tra nsportation of property for hire, compensation or profit. A van pool vehicle maintained and used primarily for the nonprofit and work-related transportation of adults for the purposes of ride shar- ing is not a commercial vehicle. Chapter15 – Development Agreement (Revise and replace sections below) Chapter 15.40 Development Agreements Sections: 15.40.010 Purpose and intent. 15.40.020 Applicability. 15.40.030 Contents of development agreement. 15.40.040 Preliminary review. 15.40.050 Application requirements. 15.40.060 Proposed form of development agreement. 15.40.070 Review of application. 15.40.080 Recommendation by planning commission. 15.40.090 Action by city council. 15.40.100 Findings for approval. 15.40.110 Amendment or termination by mutual consent. 15.40.120 Regulations affecting development agreement. 15.40.130 Recordation of agreement. 15.40.140 Annual review procedures. 15.40.030 Contents of development agreement. A. A development agreement shall contain all of the requirements set forth in Section 15.40.050. B. A development agreement may include conditions, terms, restrictions and requirements for subsequent land use entitlements with respect to the project, or portions thereof; provided, that such conditions, terms, restrictions and r e- quirements shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. C. A development agreement may include a covenant between the parties to the agre ement to form any assessment district, benefit district, maintenance district or similar district, or undertake any other procedure, for the installation or maintenance of required or necessary on-site or off-site improvements or infrastructure, pursuant to the terms and co n- ditions described in the agreement, or it may contain a covenant between the parties to the agreement to refrain from forming any assessment district, benefit district, maintenance district or similar district in return for the giving of other consideration by the parties thereto, in lieu of such formation. D. A development agreement may include terms and conditions relating to developer financing of necessary public facilities and subsequent reimbursement over time. E. A development agreement may include the developer’s agreement to change the d esign details of any type of improvement to the project, as such details may be given in any land use entitlement approved prior to the date the ap- 671 Ordinance No. ___ Page 13 plication for the agreement is filed and identified in the agreement; provided, however, that if the agre ement shall be terminated at the behest of the city, or if all or any portion of the development agreement should be invalidated, so that the developer does not receive the benefit of the consideration to be given by and to him purs uant to the agreement, the original text of the land use entitlements, as they existed prior to the date the application for the agreement was filed shall continue in full force and effect, and the developer shall have his original rights and remedies with respect thereto. F. A development agreement may include such other covenants, conditions, restrictions, requirements, rules, regu- lations, policies, terms and standards as may be agreed upon by the pa rties. G. A development agreement shall specify the duration of the agreement, the permitted us es of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedi- cation of land for public purposes. The development agreement may include conditions, terms, restrictions, and re- quirements for subsequent discretionary actions, provided that such condition s, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shal l be commenced within a specified time and that the project or any phase thereof be completed within a specified time. A development agree- ment shall be prepared consistent with Government Codes Sections 65864 - 65869.5. 15.40.040 Preliminary review No application for a development agreement shall be filed with the director of community development, unless the city council has decided, after a preliminary review, to proceed with co nsideration of the proposal. Request for prelimi- nary review shall be submitted to the director of community development and shall be accompanied by a fee , as estab- lished by resolution of the city council. The request shall consist of a general description of the proposed agreement, which description shall include, at a minimum, the identity of the parties and property, a brief description of the project, and the term of, and consideration for, the agreement. The director shall conduct a review of the request. Thereafter, the director shall transmit a report and recommendation to the city council relative to whether the city should further con- sider the proposal. The city clerk shall give the person in whose name the request is submitted not less than ten (10) days’ prior written notice of the date, time and place when the request shall be considered and of the right of said per- son to be heard. In the event the city council decides to proceed, an application may be filed pursuant to Section 15.40.050. 15.40.050 Application requirements. Application for a development agreement shall be filed with the director of community development on forms pro- vided by the director and shall be accompanied by a filing fee, as established by resolution of the city council, and a proposed form of the development agreement, as specified in Section 15.40.060. 15.40.060 Proposed form of development agreement. The proposed form of the development agreement shall consist of plans and narrative relative to the follo wing: A. The identity of parties to the agreement; B. A legal description of the entire area of the property subject to the agreement; C. The nature of the applicant’s legal or equitable interest in the property; D. A complete description of the project, including uses of the property; the relationship to adjacent properties; the density of residential uses; the intensity of nonresidential uses; the maximum height and size of stru ctures; on-site and off-site traffic and circulation plans; and open space and recreation areas and facilities; E. A description of any geological, seismic or other safety hazard present on the property and measures proposed to mitigate the same; F. Provisions for reservation or dedication of land for public purposes; G. The identification and incorporation by reference of the land use entitlements for the project, and any phase thereof, granted or approved by the city prior to the date the application for the agreement was filed; H. The identification of the types of land use entitlements f or the project, or any phase thereof, which must be con- sidered for approval by the city for the project in order to build the project, or the phase; I. The identification and incorporation by reference of existing rules, regulations and official policies that are ap- plicable to the project, and any phase thereof, at the date of the agreement; 672 Ordinance No. ___ Page 14 J. A description of the consideration for the agreement and a description of the dates or conditions upon which it is to be given; K. The proposed starting and completion date for the project, and any phase thereof; L. The term of the agreement; M. A statement of the relationship of the agreement to the general plan and any applicable specific plan; N. A description of the remedies of the parties to the agreement; and O. A provision that the conditions of the agreement are binding upon, and inure to the benefit of, all successors in interest to the parties to the agreement. 15.40.070 Review of application. After determining that the application is complete pu rsuant to Government Code Section 65940 et seq., the director of community development shall conduct a review of the proposed development agreement. Thereafter, the director shall prepare a staff report and recommend ation and shall set the matter for public hearing by the planning commission. 15.40.080 Recommendation by planning commission. The planning commission shall hold a public hearing on each application for a develo pment agreement at the time and place set for such hearing. Notice of intention to consider recommendation of an agreement shall be given as pro- vided for in Sections 65090 through 65094, inclusive, of the Government Code, in addition to any other notice required by law for other actions to be co nsidered concurrently with the agreement. If and when state law prescribes a different notice requirement, notice shall be given in that manner. The commission may, whenever it deems such action nece s- sary or desirable, continue such hearing to a time, date and place certain. After the hearing, t he commission shall rec- ommend to the city council approval, approval with modif ications, or denial of the development agreement. 15.40.090 Action by city council. Upon receipt by the city council of the recommendation of the planning commission on an application for a devel- opment agreement, the city clerk shall set the matter for public hearing by the city council. The city council shall hold the public hearing at the time and place set therefor. Notice of intention to consider adoptio n of an agreement shall be given as provided for in Sections 65090 through 65094, inclusive, of the Government Code, in addition to any other notice required by law for other actions to be considered concurrently with the agreement. If and when state law p re- scribes a different notice requirement for development agreements, notice shall be given in that manner. The city coun- cil may, whenever it deems such action necessary or desi rable, continue such hearing to a time, date and place certain. After the hearing, the council shall take action to approve, approve with modifications or deny the agreement. Devel- opment agreements shall be approved by ordinance of the city council, which ordinance shall not be adopted by the city council prior to the developer executing the agreement. 15.40.100 Findings for approval. The planning commission shall not recommend approval, and the city council shall not grant approval, of a deve l- opment agreement, or an amendment thereto, unless the following finding s are made: A. The provisions of the agreement are consistent with the general plan and any applicable specific plan; and B. The provisions of the agreement are consistent with this chapter. 15.40.110 Amendment or termination by mutual consent. A development agreement may be amended or terminated, in whole or in part, by mutual consent of the parties to the agreement. Notice of intention to amend or terminate an agreement and the manner thereof shall be subject to Se c- tions 15.40.080, 15.40.090 and, as applicable, 15.40.100 of this chapter. Amendment of the agreement shall be by ordi- nance of the city council, which ordinance shall not be adopted by the city council prior to the deve loper executing the amendment. 673 Ordinance No. ___ Page 15 15.40.120 Regulations affecting development agreement. A. In the event that state or federal laws or regulations, enacted after a development agreement has become effec- tive, prevent or preclude compliance with one or more provisions of the agreement, such p rovisions shall be deemed modified or suspended as necessary to comply with such state or federal laws or regulations. B. A development agreement shall not prevent the city, in subsequent actions applicable to the project, from apply- ing new rules, regulations and policies which do not conflict with those rules, regulations and policies that are applica- ble to the project as set forth in the agreement. Nor shall an agreement prevent the city from denying, conditionally approving or approving any subsequent project proposed for the property on the basis of such rules, regulations and policies that are applicable to the project at the date of the denial or approval. C. A development agreement shall not prevent the city from approving minor modifications to any land use enti- tlement identified in the agreement, provided that the approval is in accordance with the applicable provisions of the zoning ordinance relative to such entitlement. 15.40.130 Recordation of agreement. No later than ten (10) days after the ordinance approving the development agreement, or any amendment thereto or termination thereof, is approved by the city council, th e city clerk shall record a copy of the agreement, amendment or termination with the county recorder. 15.40.140 Annual review procedures. A. Not less than thirty-five (35) days prior to the annual anniversary of the effective date of the agreement, the developer shall file an application with the director of community development requesting review of the agreement. The application shall be accompanied by a filing fee, as established by resolution of the city council, and by plans and a narrative describing the following: 1. The completion of any aspect of the agreement during the twelve (12) months prior to the anniversary date; 2. The progress made towards completion of all other aspects of the agreement duri ng the twelve (12) months pri- or to the anniversary date; and 3. An explanation, with supporting information, of aspects of the agreement where good faith compliance has not been achieved during the twelve (12) months prior to the anniversary date, and pro posals for corrective action to achieve such compliance. B. After determining that the application for review is complete, the director of community development shall pre- pare a report and recommendation and transmit the same to the city council. The city clerk shall give the applicant not less than ten (10) days’ prior written notice of the date, time and place when the report and r ecommendation shall be considered, which shall not be more than thirty -five (35) days after the application for review was det ermined to be complete, and of the right of the applicant to be heard. Unless the city council finds and determines, on the basis of substantial evidence, that the developer has complied in good faith with the agre ement, it shall refer the application to the planning commission. If there is good faith compliance with the agreement, the annual review process shall be deemed complete, and no further action shall be taken pursuant to this section. C. The planning commission shall consider any application for review referred from the city council at a public hear- ing held within thirty-five (35) days after the applicant has paid to the city clerk a hearing fee, as established by resolution of the city council. Notice of intention to review the development agreement and the manner thereof shall be subject to Section 15.40.080. If, as a result of the public hearing, the planning commission finds and determines, on the basis of sub- stantial evidence, that the developer has not complied in good faith with the agreement, the commission shall recommend to the city council that the agreement be amended or terminated. A recommendation to amend the agreement shall be sub- ject to Section 15.40.100. D. Any party aggrieved by a decision of the planning commission that the deve loper has complied in good faith with the development agreement may appeal to the city council in accordance with Sections 8163-4.1 and 8163-4.2 of the County of Ventura Ordinance Code or any successor thereto. E. Within thirty-five (35) days after the planning commission recommends to the city council that a development agreement be amended or terminated or an appeal is filed, the city council shall hold a public hearing thereon. Notice of intention to consider amendment or termination of the agreement and the manner thereof shall be subject to Section 15.40.090. 674 Ordinance No. ___ Page 16 F. After the hearing, the city council shall take action either to continue the development agreement in the manner and form approved, or to amend or terminate the agreement on the basis of substantial evidence that the developer has not com- plied in good faith with the agreement. Action to amend the agreement shall be subject to Section 15.40.100. G. In the event the developer fails to execute the amendment to the development agre ement and serve it upon the city clerk within fifteen (15) days after the city clerk serves the developer with the amendment, as acted upon by the city council, the agreement shall be deemed terminated for cause. Service of said amendment shall be deemed complete upon personal delivery or upon deposit in the U.S. mail, postage prepaid, addressed to the city clerk at City Hall and to the developer at the mailing address shown on the application for review. Amendment of the agre ement shall be by ordinance of the city council, which ordinance shall not be adopted by the city council unless the executed amendment is timely received from the developer. Chapter 16 – Subdivisions (Add new chapter below) Chapter 16.60 URBAN LOT SPLITS • 16.60.010 Applicability. • 16.60.020 Approving authority. • 16.60.030 Requirements. • 16.56.040 Filing fee. • 16.56.050 General requirements. • 16.56.060 Notification, hearing, and determination. 16.60.010 Applicability. The provisions of this chapter are applicable to all parcels created pursuant to Califo rnia Government Code Section 66411.7, otherwise known as Senate Bill 9. Urban Lot Splits provide a streamlined process for subdividing an exist- ing-single family zoned lot into two new parcels. 16.60.020 Approving authority. The Community Development Director or their designee shall review an application for an Urban Lot Split. The Community Development Department shall determine if the application meets the eligibility requirements for an Urban Lot Split. Upon approval of a ministerial Urban Lot Split application, the City Engineer shall cause to be recorde d 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, and R-1); 2. The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of sub- division (a) of Government Code Section 65913.4, as generally described below: a) Not be located within a Very High Fire Hazard Severity Zone, unless the parcel otherwise satisfies standards indicated in Government Code Sections 65913.4(a)(6)(D) & 66411.7(a)(3)(C).; b) Not be located within a mapped 100-year floodplain, wetland, recorded open space easement, mapped creek or river, regulated floodway; c) Not in either prime farmland or farmland of statewide importance; d) Not be located within a designated hazardous waste site; 675 Ordinance No. ___ Page 17 e) Not be located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district; f) Not within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless standards can be achieved as described in Government Code Section 65913.4 (6)(F); g) Not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural re- source protection plan; or h) Not be located on land protected by a conservation easement. B. The parcel proposed for an Urban Lot Split shall not have been formed through a previous parcel map for an Urban Lot Split. C. Eligibility. A parcel that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income shall not be eligible for an Urban Lot Split. Fur- ther, a parcel is not eligible for an Urban Lot Split if the subdivision would require demolition or alteration of: 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 pur- suant to this Chapter. E. Adjacent parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner may have previously subdivided an adjacent parcel through an Urban Lot Split. 16.60.040 Subdivision standards. A. Lot size. The new parcels shall be of approximately equal parcel area. In no instance shall a parcel be smaller than 40 percent of the lot area of the original parcel proposed for subdivision, or smaller than 1,200 square feet, whichever is greater. B. Public right of way access. All lots created or altered with an Urban Lot Split shall provide access or adjoin to an adjacent public right of way. The access way shall be meet the development standard outlined in Code Section 17.32.100. C. A minimum ten-foot-wide direct access corridor or easement shall be required when parcels do not adjoin the public right-of-way. D. Additional access requirements, including but not limited to a wider access corridor or easement, may be required where necessary to provide adequate access for fire safety equipment as determined by the Fire Marshal. E. Easements. Easements may be required to convey public utilities, access, and other services. 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 wou ld physically prevent the development of two units of at least 800 square feet on either of the resulting parcels shall be waived. No modification or other discretionary action shall be required. H. All other development standards contained within Titles 16 and 17 that do not conflict with Government Code Sec- tion 66411.7. 16.60.050 Procedure. 676 Ordinance No. ___ Page 18 A. Urban Lot Split. The applicant for an Urban Lot Split shall first submit for Urban Lot Split approval from the Plan- ning Division. The Planning Division shall determine whether the request meets the eligibility requirements for an Urban Lot Split. B. Final parcel map. Upon approval of an Urban Lot Split, the applicant shall file a final parcel map with the City En- gineer pursuant to Chapter 16.32. C. An Urban Lot Split application shall follow the processing procedures for a final parcel map as set forth in Chapter 16.32, except for as provided in this Chapter 16.60 . D. Effective date and time limits. 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 o wners of all property adjacent to/within 300 feet of the exterior boundaries of the property on which the subdivision is proposed. B. The notice shall be mailed to the last known name and address of such owners as shown on the latest available equalized assessment roll of the County Assessor. C. The notice shall identify: 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 th e project if it com- plies with all legal requirements. Approval of this project is final and not subject to appeal." D. The notice shall be sent no fewer than 30 days after Urban Lot Split approval of the Urban Lot Split. Urban Lot Split applications that include a two-unit development shall follow the noticing requirements for the two-unit de- velopment (17.28(H) Noticing). E. A final parcel map for an Urban Lot Split shall not be recorded until such time as the abo ve noticing has been com- pleted. 16.60.070 Additional requirements. A. Units Allowed. A maximum of two units may be located on a lot created through an urban lot split, inclusive of ac- cessory dwelling units and junior accessory dwelling units.” B. Further subdivision. Further subdivision of a par cel established through an Urban Lot Split shall be prohibited. A restrictive covenant shall be recorded on each lot created through an Urban Lot Split prohibiting further subdivi- sion in perpetuity. C. Owner occupancy. The applicant for an Urban Lot Split shall sign an affidavit stating that they intend to occupy one of the dwelling units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxati on Code. D. Short-term rentals prohibited. Units created pursuant to this chapter shall be rented or leased for a term longer than 30 days. A covenant shall be recorded against title to any property developed pursuant to this chapter restricting rental or lease of any unit on the property for a term longer than 30 days. E. The correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of an Urban Lot Split. 677 Ordinance No. ___ Page 19 F. Setbacks. Setbacks for a unit or units on a parce l created through an Urban Lot Split shall be as set forth in Chapter 17.28.020(H) of the Zoning Code. 16.60.080 Severability. If any provision of this ordinance or chapter or the application thereof to any person or circumstance is held to be un- constitutional or otherwise invalid by a court of competent jurisdictio n, such invalidity shall not affect other provisions or applications of this ordinance or chapter which can be implemented without the invalid pr ovision or application and to this end the provisions of this ordinance and chapter are declared to be severable. Title 17 – Zoning (Replace Title 17 in its entirety, as shown below) Title 17 ZONING* Chapters: 17.04 Authority, Purpose and Application 17.08 Definitions 17.12 Establishment of Zones, Boundaries and Maps 17.16 Purposes of Zones 17.20 Uses by Zone 17.24 Development Requirements 17.28 Standards for Specific Uses 17.30 Lighting Regulations 17.32 Off-Street Parking Requirements 17.36 Standards for Specific Zones and Zone Types 17.38 Hillside Management 17.40 Sign Regulations 17.42 Wireless Communications Facilities 17.44 Application Review Procedures 17.48 Transportation Demand Management 17.50 Art in Public Places 17.52 Nonconformities and Substandard Lots 17.53 Noise 17.56 Enforcement and Penalties 17.64 Density Bonus Provisions 17.72 Downtown Specific Plan Overlay Zone (SP-D) 17.74 Specific Plan No. 2/Specific Plan 95-2, Moorpark Highlands Specific Plan 678 Ordinance No. ___ Page 20 Chapter 17.04 AUTHORITY, PURPOSE AND APPLICATION Sections: 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 lim- ited to, the Government Code and the Public Resources Code. This chapter shall be known as the “Zoning Ord inance.” 17.04.020 Purpose of title. The text (including tables and matrices) and zoning map contained in this chapter constitute the comprehensive zon- ing regulations for the city and are adopted to protect and promote the public health, safety and general welfare; to pro- vide the environmental, economic and so cial advantages which result from an orderly, planned use of resources; to es- tablish the most beneficial and convenient relationships among land uses; and to implement the city’s general plan. 17.04.030 Applicability of the zoning ordinance. A. Applicability to Uses and Structures. The provisions of this chapter apply to all lots, structures and uses of land or bodies of water created, utilized, established, constructed or altered by any person unless specifically exempted by the following subsections: 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. 17.04.040 General prohibitions. A. No structure shall be moved onto a site, erected, reconstructed, added to, advertise d on, structurally altered or maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this chapter with respect to land uses, building heights, setbacks, lot coverage and all other regulations, conditions and limi- tations prescribed by this chapter as applicable to the same zone or subzone in which such use, structure or land is lo- cated. 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. C. No permit or entitlement may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for or permitted by this chapter. D. No person shall inhabit a vehicle or recreational vehicle located on private property. 17.04.050 General interpretation. A. Minimum Requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. 679 Ordinance No. ___ Page 21 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 b uildings or land, or upon the height of buildings, or requires greater setbacks or larger open spaces than are imposed or required by other ord inances, 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 pr evail. D. Terms Not Defined. Terms not defined in this chapter shall be interpreted as defined in conventional dictionar- ies in common use. E. Misinformation. Information erroneously presented by any official or employee of the city does not negate or diminish the provisions of this chapter pertaining thereto. F. Quantity. The singular includes the plural, and the plural includes the singular. G. Number of Days. Whenever a number of days is specified in this chapter, or in any permit, condition of approv- al or notice issued or given as set forth in this chapt er, such number of days shall be deemed to be consecutive calendar days, unless otherwise specified. H. Rounding of Quantities. Whenever application of this chapter results in required parking spaces, required num- ber of affordable or elderly units built standards being expressed in fractions of whole numbers, such fractions are to be rounded to the next higher whole number when the fraction is 0.5 or more, and to the next lower whole number when the fraction is less than 0.5, except that: (1) calculation for the number of permitted animals shall be in accordance with Chapter 17.28; and (2) quantities expressing areas of land are to be rounded only in the case of square footage, and are not to be rounded in the case of acreage. I. Severability. If any portion of the zoning ordinance is held to be invalid, that hold shall not invalidate any other portion of the zoning ordinance. J. Interpretation. Because it is infeasible to co mpose legislative language which encompasses all conceivable land- use situations, the director of community development shall have the power to interpret the reg ulations and standards contained in this title, when such interpretation is necessitated by a lack of specificity in such regulations and standards. 17.04.050 Chapter 17.08 DEFINITIONS Section: 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 proper- ty without the expressed or implied consent of the property owner or person in lawful possession or control of the prop- erty which has been deserted for a period of seve nty-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 constru ction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal of the vehicle. “Abut” means to touch physically, border upon, or share a common property line with. Lots which touch at corners only shall not be deemed abutting. “Adjoining” and “contiguous” shall mean the same as abutting. “Access” means the place or way by which pedestrians and/or vehicles shall have safe, adequate, usable ingress and egress to a property or use. “Accessory dwelling unit (ADU)” (defined by Government Code Section 65852.2 and as updated by State Law) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or e xisting primary residence. It shall include permanent provi- 680 Ordinance No. ___ Page 22 sions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwell- ing is or will be situated. An accessory dwelling unit also includes the foll owing: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. “Accessory dwelling unit, Junior (JADU)” (defined by Government Code Section 65852.22 and as updated by State Law) means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. “Accessory industrial hemp ingredient processing” means an accessory use whereby prepared industrial hemp ingredi- ents are combined with other products. “Accessory structure” means a detached structure, not including an accessory dwelling unit, located upon the same lot as the building or use to which it is accessory, and the use of which is customarily incidental, appropriate and sub- ordinate to the use of the principal building or t o the principal use of the lot. “Accessory use” means a use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same lot. “Activity space” means an area that is allowed to setback further than the building frontage requirement within a mixed-use zone that is used as outdoor gathering area, dining, plaza, or similar pedestrian orientated activities for adja- cent uses. “Agriculture” means farming, including animal husbandry and the production and management of crops (including aquatic crops) for food, fiber, fuel and ornament. “Airfields, landing pads and strips” means aircraft landing strips or h eliports for agricultural crop dusting or personal use of the property owner or tenants, not available for public use, and with no commercial operations. “Aircraft” means and includes helicopters, all fixed-wing airplanes, gliders, hang-gliders and ultra-light aircraft. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever source or by whatever pro- cess is used to produce the ethyl alcohol. See also Business an d Professions Code Section 23003. “Alcoholic beverage” means a beverage which contains alcohol (ethanol), which is fermented and may include wine, beer, distilled spirits or liquor, made from grains, fruit, sugar or other ingredients. “Alcoholic beverage, beer” means an alcoholic beverage brewed with yeast-fermented malt and often flavored with hops and other organic ingredients. See also Business and Professions Code Section 23006. “Alcoholic beverage, liquor or distilled alcohol” means an alcoholic beverage that is obtained by distilling a wine or other fermented alcoholic beverage to create a higher alcohol content. See also Business and Professions Code Section 23005. “Alcoholic beverage, sales” means the sale of alcoholic beverages for either onsite or offsite consumption. “Alcoholic beverage, wine” means an alcoholic beverage made from fermented grape or other fruit juice. See also Business and Professions Code Section 23007. “Alley” means a thoroughfare not more than thirty (30) feet wide, other t han a public road or street, permanently re- served as a secondary means of access to abutting property. “Amortize” means to require the termination of (a nonconforming use or structure) at the end of a specified period of time. “Amusement and recreational facilities” mean any facilities primarily designed for recreation such as, but not lim- ited to, auditoriums, billiard and pool establishments, bowling alleys, community centers, dancehalls, golf driving rang- es, indoor motion picture theaters, miniature golf, parks and playgrounds. “Animal husbandry” means a branch of agriculture for the raising or nurturing and management of animals, includ- ing breeding, pasturing, ranching and sales of an imals. 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 sp ecimens of these animals (with the exception of any miniature horse which shall not exceed a height of thirty-eight (38) inches in accordance with the American Minia- ture Horse Association’s regulations for Class B horses), and pot-bellied pigs (not to exceed a weight of one hundred ten (110) pounds, which are treated as household pets), or other such an imals as determined by the director of commu- nity development. 681 Ordinance No. ___ Page 23 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, amphib ians, and fish which are customarily kept for pleasure. Pet animals shall not include working animals, livestock, laboratory animals, or other animals kept or raised for commercial purposes (for example animal boarding). “Animal, shelter or rescue. “Animal shelter and animal rescue” means a location or premises where temporary or permanent housing of animals are kept by a local agency or non-profit where animals may be adopted or cared for by operator. Animal shelters or rescues may provide veterinarian care and kenneling services. “Animals, Wild. “Wild animals” mean animals which are wild by nature and not customarily domesticated in Ven- tura County. This definition does not include birds, small rodents or small, no npoisonous 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 box es include colonies), but does not include honey houses, extraction houses, warehouses or appliances. “Application requests” mean and include, but are not limited to, filings for zoning clearances, permits, variances, appeals, suspensions, modifications and revocations, interpretations, amendments and zone changes. “Arcade” means a commercial amusement establishment containing four (4) or more game machines, electronic or otherwise, or similar amusement devices. “Array of merchandise or menu” means fifty percent (50%) or more of in-stock merchandise or menu items. “Athletic field” means a level, open expanse of land intended to be used for organized team sports such as base ball, football and soccer. “Automobile impound yard” means a building or premises for the storage of motor vehicles, such as impounded or repossessed vehicles, where such vehicles are intended to be stored for more than a twenty -four (24) hour period. This definition shall not include automobile wrecking or salvage in any form. “Automobile service station” means a commercial activity, both retail and service in character, engaged in dispens- ing automotive fuels and motor oil; the sale and service of tires, batteries and other automobile accessories and re- placement items; and washing and lubrication services. Activities associated with service stations do not include body and fender repair, painting or major motor repairs. This also includes such aforeme ntioned facilities that are in conjunc- tion with a mini-market. “Aviary” means any place where more than twenty-five (25) domestic birds are kept outside of a dwelling. “Banquet or event facility” means a place where the public may gather to dance, meet, engage in catered dining or other types of gathering. Such facilities may be used for banquets, dance hall, weddings, etc. “Bathroom” means a sink, a toilet, and a bathtub or shower. “Bed and breakfast inn” means a dwelling unit with one (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, animal” means a facility for the overnight or long-term housing of animals for commercial purposes. Not related to the personal keeping of animals as pets. “Boarding house” means a residence or dwelling, other than a hotel, wherein three (3) or more rooms, with or with- out individual or group cooking fac ilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence. “Borrow area” means an area where soil, sand, gravel or rock is extracted and removed for use as fills, grades or embankments on property of a different ownership or noncontiguous property of the same ownership. “Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, chattel or property of any kind. 682 Ordinance No. ___ Page 24 “Business services” mean uses such as advertising agencies, blueprinting and photocopying, computer and data pro- cessing services, coupon and trading stamp redemption services, drafting services, employment agencies, laminating of photographs, packaging services and telephone answering services. “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 opportun ities for the en- joyment or appreciation of the natural environment. “Campground” means a rural facility without permanent structures for overnight accommodation, but with limited accessory structures and buildings, which is used for temporary leisure or recreational purposes and pr ovides opportu- nities for the enjoyment or appreciation of the natural environment. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and ev ery 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 p lant which is incapable of germination. “Caretaker” means an employee who must be on the property for a substantial portion of each day for sec urity pur- poses or for the vital care of people, plants, animals, equipment or other conditions of the site, and who does not have a possessory interest in the property. “Carpool” means a vehicle occupancy of two (2) or more persons aged sixteen (16) years or older commu ting to or from work and/or school. “Chain store” means any type of retail sales activity and/or retail service activity conducted within a retail estab- lishment which, along with ten (10) or more existing operational retail establishments in the world, maintains two (2) or more of the following features: (1) standardized array of merchandise or menu; (2) standardized color scheme; (3) standardized decor; (4) standardized facade; (5) standardized layout; (6) standardized sign, service mark, or trademark; or (7) uniform apparel. “Chemicals” mean and include such compounds as adhesives, explosives, fertilizers, industrial gases, ink, lacquer, paints, pesticides, pigments and dyes, sealants, shellac, synthetic fibers, synthetic resins, synthetic ru bber, thinners and varnishes. “Color scheme” means the selection of colors used throughout, such as on the fu rnishings, wall coverings, or as used on the façade. Standardized lighting is considered part of the color scheme. “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, and includes the activities of any business licensed by the State under Division 10 of the Business and Pr ofessions Code. “Commercial vehicle” means a vehicle of a type required to be registered under the provisions of the California Ve- hicle Code and used or maintained for the transportation of persons for hire, compensation or profit or designed, used or maintained primarily for transportation of property. “Commission” means the city planning commission. “Communications facilities” mean and include such uses and structures as radio and television transmitting and re- ceiving antennas, radar stations and microwave towers. “Community care facility,” as defined in Health and Safety Code 1502, means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but n ot limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected ch ildren, and includes facilities in accordance with the Health and Safety Code and other California Codes as may be amended over time. “Community center” means a meeting place where people living in the same community may carry on cultural, rec- reational or social activities, but excluding any facility operated as a business or for commercial pu rposes. “Community development director” means the manager of the department of community development of the city of Moorpark in Ventura County. 683 Ordinance No. ___ Page 25 “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 she ds, for the storage of vehicles, equipment and materials which are associated with a contracting business or operation, where sales, manu- facturing and processing activities are specifically excluded. “Day care educational facility” means a day care facility which provides the children with formal training to stimu- late or develop the mental or moral growth of the children. “Day care facility” means any type of licensed group day care program, including care of the developmentally disa- bled, nurseries for children of working parents, nursery schools for children under school age, parent cooperative nurse- ry schools, play groups for preschool children or pr ograms covering before and/or afterschool care for school children (also see definition for “family day care home”). Decision, Administrative. “Administrative decision” means any decision made by the director of community devel- opment, or his or her designee. Decision, Discretionary. “Discretionary decision” means a decision requiring the exercise of judgment, deliberation or decision on the part of the decision-making authority in the process of approving or disapproving a particular activi- ty, as distinguished from situations where the decision-making authority merely has to determine whether there has been conformity with applicable statutes, ordinances or regulations. “Decision-making authority” means an individual or body vested with the authority to make recommend ations or act on application requests. The final decision-making authority is the one which has the authority to act on a request by approving or denying it. This may include the director of community development or designee, the planning commis- sion, or the city council. Decision, Ministerial. “Ministerial decision” means decisions approved by a decision-making authority based upon a given set of facts in a prescribed manner in obedience to the mandate of legal authority. In these cases, the authority must act upon the given facts without regard to its own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance or regulation may require, in some degree, a construction of its language by the deci- sion-making authority. “Decor” means the style of interior finishes such as the style of furniture, wall covering s, or permanent fixtures. “Denial without prejudice” means denial of an application request based on the desire or intent of the decision- making authority to not form an adverse opinion or judgment formed beforehand or without full knowledge or com- plete examination of the facts. “Denial with prejudice” means denial of an application request based on the desire or intent of the decision-making authority to limit the filing of requests to use a specific property or structure for a specific use. When an appl ication 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 resu lting in the issuance of grading, build- ing, plumbing, mechanical, or electrical permits, or certificates of occupancy to construct or change the use of a build- ing, or property for residential, commercial, mixed, and/or industrial use. “Development project, Major” means any project that accounts for over 100,000 square feet of non-residential de- velopment and/or 200 residential units. “Development project, Minor” means any project that accounts for less than 100,000 square feet of n on-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 impai rment that limits or substantially limits one (1) or more major life activities, anyone wh o is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the Fair Hou sing 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 . 684 Ordinance No. ___ Page 26 “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 sa mpling ac- tivities which, in the case of oil-related testing, use drilling apparatus smaller than that used in oil production. Excluded from this definition is soil testing for wells, foundations, septic systems and similar constru ction. “Dwelling” means a building or portion thereof designed or occupied exclusively for residential purposes. Dwelling, Caretaker. “Caretaker dwelling” means a dwelling unit used by a caretaker, and his or her family, em- ployed and working on the premises. “Dwelling, Employee Housing. “Employee housing” means a residential structure providing accommodations for six or fewer farmworkers pursuant to Health and Safety Code Section 17008. Facilities serving six or fewer employees shall be allowed by right in all zones allowing residential u ses subject to the same development standards, permits and fees applicable to a residence in the same zone consistent with Health and Safety Code Section 17021.5. Dwelling, Farm Worker. “Farm worker dwelling” means a dwelling unit used by a farm worker, and his or h er fami- ly, employed and working on or hired from the premises. Dwelling, Multifamily. “Multifamily dwelling” means a building, or portion of a building, containing three or more dwelling units. Dwelling, Single-Family. “Single-family dwelling” means a detached building constructed in conformance with the Uniform Building Code, or a mobilehome constructed on or after June 15, 1976, containing one dwelling unit. Dwelling, Two-Family. “Two-family dwelling” means a building containing two separate dwelling units. “Dwelling unit” means one or more rooms providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. “Emergency shelter” means housing with minimal supportive services for home less persons that is limited to occu- pancy of six (6) months or less by a homeless person, and where no individual or household may be denied emergency shelter because 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 stor- age devices may be referred to as batteries or other physical or chemical storage methods. “Expansion” means increasing the area or volume occupied by or devoted to a use, increasing the living space or occupant capacity of a structure, or adding uses or structures accessory to a nonresidential use or structure. The follow- ing are not considered to be expansion: the addition of unenclosed porches, patio covers and the like; one (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. “Façade” means the face of the front of a building or tenant space oriented onto a street or public open space. Awn- ings are considered part of the façade. “Factory-built housing,” as defined in Health and Safety Code 19971, is a residential building, dwelling unit, or an individual dwelling room or combination of rooms thereof, or building component, assembly, or system manufactured at an offsite location to be assembled onsite in accordance with the California Building Standards Code and other regu- lations pursuant to state law. Factory-built housing does not include a mobilehome, recreational vehicle, or commercial modular. Factory-built housing may be installed where other similar types of dwelling units are zoned and without a use permit in residential areas. “Fair Housing Laws” means the Fair Housing Act (42 U.S.C. Section 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.), and the California Fair Employment and Housing Act (California Government Code Section 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes. “Family” means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit. 685 Ordinance No. ___ Page 27 “Family day care home (small)” means a home which generally provides care, protection, and supervision of up to eight children, including children under the age of 10 years in the provider’s own home, for periods of less than 12 hours per day, while the parents or guardians are away. “Family day care home (large)” means a home which generally provides care, protection, and supervision of up to 14 but no less than seven, including children under the age of 10 years in the provider’s own home, for periods of less than 12 hours per day, while the parents or guardians are away. “Farm worker” means a person principally employed for farm work. “Fence” means an unroofed vertical structure which is intended primarily to serve as a visual screen or as a physical enclosure around a building or yard area for security, containment or privacy, or to indicate a boundary. This definition includes hedges, thick growths of shrubs, and walls used as screens, but does not include windbreaks for the protection of orchards or crops, or city-approved enclosures for the containment of wild animals. Fence, See-Through. “See-through fence” means a chain link fence or any other type of fence that permits at least fifty percent (50%) open visibility throughout the fence. “Festivals and similar events” mean events such as amusement rides, animal events, art shows, concerts, 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 com- mercially in an area not enclosed by a building. “Floor Area Ratio (FAR)” means the numerical value obtained through dividing the above gr ound floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located . "For-Sale" means and refers to any separately conveyable Dwelling Unit, including a condominium, stock coopera- tive, community apartment, or attached or detached single-family home, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel up on 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 L ands Act (California Business and Profes- sions Code section 11000 et seq.) listed in the Inclusionary Housing Guidelines for any Residential Development in- cluding such For-Sale Dwelling Units "For-Sale Residential Development" means any Residential Develop ment that includes the creation of residential Dwelling Units that may be sold individually. A Residential Ownership Development also includes condominium con- versions. “Garden, Home” means property of a single-family or multifamily residence used for the cultivation of fruits, vege- tables, plants, flowers, or herbs by the residents of the property, and guests of the property owner. “Garden, Community” means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members for non-commercial purposes “General plan consistency” means compatibility and agreement with the general plan of the city of Moorpark. Con- sistency exists when the standards and criteria of the city general plan are met or exceeded. “Government building” means a building, structure or other facility operated by a legally constituted federal, state or local government authority, excluding a waste treatment facility. “Government use” means but is not limited to, city offices, community rooms, fire stations, human servi ces 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 da tum 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. 686 Ordinance No. ___ Page 28 “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 red uce energy consumption such as solar panels or wind turbines, or that use recycled and/or repurposed materials to create new products. “Gross floor area” means the area included within the surrounding exterior walls of all floors or levels of a building or portion thereof, exclusive of vent shafts and courts. “Gun club” means any building or premises where there are facilities of any sort for the firing of handguns, rifles or other firearms. “Gymnasium” means an indoor recreational or athletic facility for such uses as aerobics, gymnastics, racquetball, swimming, skating rinks, tennis and table tennis, trampoline operations and weight training; but not including amuse- ment and recreational facilities as defined in this chapter. “Hazardous material” means a substance, or combination of substances, which, because of its quantity or concentra- tion, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating, reversible illness; or may pose a substantial present or potential hazard to human health or to the environment when improperly used, handled, treated, stored, transported, disposed of or otherwise managed. A material may be judged as hazardous if it is corrosive, reactive, ignitable or toxic. “Hazardous waste” means a waste, or combination of wastes, which because of its quantity, concentration, or physi- cal, chemical or infectious characteristics may do either of the following: 1. Cause or significantly contribute to an increase in mortality or increase serious irreversible, or incapac itating reversible illness; 2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. Unless expressly provided otherwise, the term “hazardous waste” shall be understood to also include extremely haz- ardous waste and acutely hazardous waste. (Reference: Section 25117 California Health and Safety Code.) “Hazardous waste facility” means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery disposal or recycling of hazardous waste. A hazardous waste facility may consist of one (1) or more treatment, transfer, storage, resource recovery, di sposal, or recycling haz- ardous waste management units, or combinations of those units. (Reference: Section 25117 California Health and Safe- ty Code.) “Height” means the vertical distance from the adjacent grade to the highest point of that which is being measured. “Height, Building. “Building height” means the vertical distance from the grade to the highest point of a flat roof or mansard roof, or, in the case of a pitched or hip roof, to the “averaged midpoint,” which is arrived at by the drawing of two (2) imaginary lines between the finished main ridgeline peak and the top of the two (2) exterior finished walls run- ning parallel to the main ridgeline, adding together the vertical heights of the midpoints of these two (2) imaginary lines, and dividing the result by two (2). The height of an A -frame structure is the vertical distance from the grade or other datum point to the peak of the roof. “High fire hazard areas” mean certain areas in the unincorporated territory of the county classified by the county fire protection district and defined as any areas within five hundred (500) feet of uncultivated brush, grass or forest-covered land wherein authorized representatives of said district deem a potential fire hazard to exist due to the presence of such flammable material. “Home occupation” means any use customarily conducted entirely within a dwelling and carried on by the inhabit- ants 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 Edu- cation Code, only involving provision of such services to residents of the property. “Hospital” means a licensed institution providing in-patient care or overnight accommodations for persons with ill- nesses, injuries, or other conditions, physical or mental, calling for medical treatment or observation, including one (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 ani- mals. 687 Ordinance No. ___ Page 29 “Hotel” means a building with one (1) main entrance, or a group of buildings, containing guest rooms where over- night lodging with or without meals is provided for compensation. "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” means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. hav- ing no more than three-tenths of one percent (0.3%) tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. “Industrial hemp cultivation” means the planting, growing, harvesting, drying, curing, grading, or trimming of in- dustrial hemp. “Industrial hemp manufacturing and processing” means to compound, blend, extract, infuse, process, or otherwise make or prepare an industrial hemp product. “Industrial hemp product” means any item, or good, including foods and beverages, personal care products, nutri- tional supplements, fabrics and textiles, paper, construction materials, and other manufactured and industrial goods, produced with and containing any amount of industrial hemp. “Industrial hemp product retail sales” means any person or business selling or offering to sell, or to otherwise con- vey or exchange for any form of consideration, industrial hemp product. Where the sale of such products is customary, incidental, and subordinate to the principal use of the use, the use will be considered accessory. “Industrial hemp research and testing laboratory” means a laboratory, facility, research institution, and/or entity that offers or performs testing or research involving industrial hemp or industrial hemp products. “Industrial hemp warehousing” means the storage of industrial hemp. “Inhabit” means to occupy as a place of residence, to include cooking or sleeping within. "In-lieu fee" means a fee paid by an Applicant, owner or Developer into the Inclusi onary Fee Fund in lieu of provid- ing on-site inclusionary housing as otherwise required by section 17.24.065. “Inoperative vehicle” means a vehicle which is not fully capable of movement under its own power or is not li- censed or registered to operate legally on a public right-of-way. Tractors and similar farm vehicles that are used on a lot containing an established agricultural operation and are capable of movement under their own power are not considered to be inoperative vehicles. “Institutional/public uses” mean and include public facility uses including government buildings, libraries, fire sta- tions, nonprofit organization buildings and community service centers, but excludes jail facilities. “Intermediate care facility” means a health facility which provides inpatient care to ambulatory or non-ambulatory patients who have a recurring need for skilled nursing supervision and need supportive care, but who do not require continuous skilled nursing care. The term “intermediate care facility” shall include intermediate care/developmentally disabled facilities for seven (7) or more persons, nursing homes for seven (7) or more persons, rest homes and conva- lescent homes. “Kennel (or cattery)” means any lot or premises where dogs or cats of at least four months of age are kept, boarded, bred or trained, whether in special buildings or runways, kept for commercial purposes and not for kept as pets by the occupant of the premises. Intended for the keeping of domestic dogs and cats. Kenneling may occur overnight o r 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 hosp itals, restaurants, and other retail or service providers and are not services available to the general public. “Laundry service—laundromats” mean self-service cleaning facilities which do not involve the use of dry-cleaning chemicals. “Laundry service—light” means establishments primarily engaged in the process of laundering, dry cleaning or dye- ing cloths or other materials. Typical uses include dry cleaning stores. “Liquor store” means a retail store selling primarily alcoholic beverages for offsite consumption. “Low-Barrier Navigation Centers” means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals expe- riencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best prac- 688 Ordinance No. ___ Page 30 tices to reduce barriers to entry, and may include, but is not limited to, the following: (1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth, (2) pets, (3) the storage of possessions, and (4) privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. "Low Income Household" means a Household whose annual income does not exceed the qualifying limits for “lower income households” in California Health & Safety Code section 50079.5, as it may be amended from time to time. “Lot” means an area of land having fixed boundaries. “Lot area” means the total area, measured in a hor izontal plane, within the lot lines of a lot. 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 b etween 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 Subdiv ision Map Act require- ments when it was created, and which can lawfully be conveyed as a discrete unit separate from any contiguous lot; or a lot which has been issued a certificate of compliance or conditional certificate of compliance pursuant to the Subdivi- sion Map Act and the city subdivision ordinance and which can lawfully be conveyed as a discrete unit separate from any contiguous lot. “Layout” means the interior arrangement of furniture, service area, or permanent fixtures. Lot Line. 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. “Major life activity” means any physical, mental, or soci al activity, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others , and working. “Manufactured home,” means a structure, transportable in one or more sections, built on a permanent chassis, and designed for use as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems in accordance with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following). A "manufactured home” does not include a “recreational vehicle”. Such uses shall be allowed by right in all zones al- lowing single-family dwellings. “Manufacturing” means including, but not limited to, appliances, cabinets, cleaners, clothing, computer s, 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). 689 Ordinance No. ___ Page 31 “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) mil e of each other that are owned or mined by the same person, through such activities and uses as borrow areas, sand, gravel and rock quar- ries, etc. “Mining” does not include extraction and removal of material from co nstruction 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 l ocated on the same site, such as stockpiling, sorting, screening, washing, crushing, batching and maintenance facilities. “Mining, public works maintenance” means mining, and its accessory uses, for periods of less than nine (9) months, which have been declared in writing by the public works agency to be under its administrative control and which is necessary to alleviate immediate or foreseen threats to public health and safety, or the preservation of public facilities and structures. Said uses include such operations as cleaning out and aligning of channels and floodways, r emoving material to avert potential landslides, and accessory processing such as stockpiling, sorting, screening, washing, crush- ing and batching of on-site material. “Mixed Use, Horizontal” means development that allows for a combination of different uses within the same build- ing or side-by-side on the same property or adjacent property, such as a commercial business adjacent to a residential use. “Mixed Use, Vertical” means development that allows for a combination of different uses within the same build ing such as commercial business occupying lower floors while the upper floors are reserved for housing. “Mobilehome” means a structure, transpor table 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 co nnected 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 gu est 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” mean s a fixed place of business where filming activities (motion or still photography) are regularly conducted upon the premises. “Nonconforming structure” means a structure or portion thereof which was lawfully erected or altered and main- tained, which, solely because of revisions in development standards of this title dealing with lot coverage, lot area per structure, height and setbacks, no longer conforms. “Nonconforming use” means a use which was lawfully established and maintained but which, because of the appli- cation of this title: (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. “Oil and gas exploration and production” means the drilling, ex traction and transportation of subterranean fossil gas and petroleum, and necessary attendant uses and structures, but excluding refining, processing or manufacturing there- of. “Outdoor or open storage” means the placement or keeping of materials, equipment or other items in an area not fully enclosed by the walls of a building. Outdoor or open storage may apply generally to stored equipme nt, goods, storage or cargo containers, wares or materials for sale or for use in manufacturing or other use or for the personal use 690 Ordinance No. ___ Page 32 of a resident. Temporary movement of goods or wares is not considered sto rage 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 pe ople, and do not involve structures, motorized vehicles, aircraft or firearms. “Person” means any individual, organization, partnership, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof. “Personal goods” mean items such as bristle goods, umbrellas, grooming items and tobacco paraphernalia. “Personal service establishment” means an establishment primarily engaged in providing individual services gener- ally related to personal needs such as barber shops, beauty salons and spas, personal laundry and dry-cleaning estab- lishments, pet grooming, and photography studios. These use s may also include accessory retail sales of products relat- ed to the services provided. “Petroleum refining” means oil-related industrial activities involving the processing and/or manufacture of sub- stances such as: asphalt and tar paving mixtures; asphalt and other saturated felts (including shingles); fuels; lubricating oils and greases; paving blocks made of asphalt, creosoted wood and other compositions of asphalt and tar with other materials; and roofing cements and coatings. “Photography studio” means a fixed place of business where still photography activities are regularly conducted upon the premises. “Physical or mental impairment” means any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, canc er, heart disease, diabetes, intel- lectual disabilities (formerly termed “mental retardation”), emotional or mental illness, learning disabilities, HIV dis- ease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not i ncluding cur- rent use of illegal drugs). A temporary condition, such as a broken leg, pregn ancy, use of crutches, etc. does not qualify as a physical or mental impairment. “Place of religious assembly” means a place of a ssembly 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 pu blic 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, pu blicly maintained and open to the use of the public for the purpose of v ehicular travel. 691 Ordinance No. ___ Page 33 “Reasonable accommodation” means a modification or exception to the standards, regulations, policies and proce- dures contained in Title 17 of this code for the siting, development and use of housing or ho using-related facilities, that is necessary to provide an individual with a disability the equal opportunity to use and enjoy a dwelling. “Recreational facility, private” means indoor or outdoor, with or without food services, including, but not limited to, batting cages, bicycle and skate facilities, golf courses (including miniature golf and driving ranges), and sports fields. Bicycles and skate parks shall be in compliance with Chapter 17.28. “Recreational facility, public” means a non-profit or for profit, including, but not limited to, athletic fields, bicycle and skate parks, community centers, golf courses, gymnasiums, retreats, or riding stables. Public park and recreation facilities are permitted in all zones. “Recreational vehicle” means a vehicle of any size which : (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 o f mobilehomes. “Recreational vehicle park” means any area of land developed primarily for temporary use by recreational vehicles for which utility connections (sewer, water, electricity) are provided. "Rental Residential Development" means any Residential Development or property under common ownership and control that creates one or more net new Dwelling Unit that cannot be lawfully sold individually. “Residential care facility” means any family home, group care facility, or similar facility determined b y the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual as defined by Health and Safety Code and other C ali- fornia Codes as may be amended over time. "Residential Development" means any project for which an application has been submitted to the City and where the Residential Development would create new, additional, or modified Dwelling Units by: 1. The construction or alteration of structures, 2. The conversion of a use to residential from any other use, or 3. The conversion of a use to For-Sale residential from Rental residential use. “Residential short-term rental unit” means all or any portion of a residential dwelling unit (detached or attached), or an accessory building or guest house, rented intermittently for occupancy for residential purposes for periods of thirty (30) consecutive calendar days or less, counting portions of calendar days as fu ll days. “Rest home” means a licensed facility where lodging, meals, nursing, dietary and other personal services are ren- dered for nonpsychiatric convalescents, invalids and aged persons for compensation. Excludes cases of contagious or communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums and hospi- tals. “Retail establishment” means a commercial establishment that provides goods and/or services directly or indirectly to the consumer such as general retail, eating and drinking places, beauty, personal ser vices, professional office, amusement, health, fitness, and galleries. “Retail trade” means businesses such as auto supply stores, book and station ery stores, camera shops, clothing and fabric stores, department and variety stores, drugstores, florists, f ood 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 o pportunities for small groups of people to congregate temporarily on a site for such purposes as education, enlightenment, contemplation, renewal or solitude; and (3) by its nature, needs to be located in a quiet, sparsely populated, natural environment. “Riding stable” means a facility where horses or other equine animals are rented to members of the public for rec- reational purposes, where riding lessons are offered for compensation to people other than the owners of said animals, whether or not the riding occurs on the proper ty on which the animals are kept. “Roof structures” mean structures for the housing of elevators, stairways, tanks, ventilating fans and similar equip- ment 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. 692 Ordinance No. ___ Page 34 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 curri cula as required by state law. “Boarding schools” are those which provide lodging and meals for the pupils. “Servicemark” means a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of a service from one party from those of others. “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 side lot lines which is the required minimum horizontal distance between the rear lot line and a line parallel thereto on the lot. Setback, Side. “Side setback” means an open yard area extending from the front setback, or the front lot line where no front setback is required, to the rear setback; the width of the required side 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 re- quired; the width of the required street side setback sha ll 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 visual / sight distance triangular area on a corner of a lot or along a driveway , two of the sides of such triangle being formed by extending two- imaginary lines from the corner of the lor or the edge of the driveway adjacent to the street intersection at least 15 feet back to the two points along the sides of the lot parallel to the two intersecting streets or property line, the third side then being formed by the connection of such points. 693 Ordinance No. ___ Page 35 Signs. For sign definitions, see Chapter 17.40. “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 sin- gle room, with private or shared bath facilities, and with private or shared cooking facilities. “Site” means one (1) or more lots planned and deve loped 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 pur- pose, such as for pleasure, recreation, and other nonprofitable purposes for the benefit of their members, but not includ- ing 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 so cial 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 physi- cal change which could affect the integrity of a wall, including partial or total removal, moving a wall to another loca- tion or expanding the wall in terms of heig ht 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 at- tached to something having a location on or in th e 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, im- proving his or her health status, and maximizing his or her ability to live and, when possible, work in the commu nity. “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 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 nea rest the drive- way or street access serves as the only means of access to the other space. “Target population” means persons with low inc omes 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 Wel- 694 Ordinance No. ___ Page 36 fare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with chil- dren, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. “Telecommuting” means using your home, or a sp ecifically designated facility, as a place of work. “Temporary special use permit” means a use which by its nature will not normally exist for more than 90 days at the proposed location. Said use may normally be allowed to exist only under a development or conditional use permit; however, due to the temporary nature of the proposed use it is considered an allowed use if granted a zone clearance for the time specified. Examples of this can be uses such as churches in school facilities, outdoor eating at restaurants , use of public buildings for nongovernmental purposes, etc. “Temporary use” means, but not limited to, carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, spe- cial events, outdoor sales, grand opening events, brush clearance by animals, construction t railers, or similar uses when in compliance with Chapter 17.44. Through Lot. See Lot, Through. “Timber” means trees of any species maintained for eventual harvest for forest product pu rposes, whether planted or of a natural growth, standing or down, on privately or publicly owned land, including Christm as trees but excluding nursery stock. “Townhouse development” means a subdivision consisting of attached dwelling units in conjunction with a separate lot or lots of common ownership, wherein each dwelling unit has at least one (1) vertical wall extending from ground to roof dividing it from adjoining units, and each unit is separately owned, with the owner of such unit having title to the land on which it sits. “Trailer” means a towed unpowered recreation vehicle towed by a powered vehicle, utility trailer used to haul goods, materials, and nonbusiness property (e.g., boat trailer, motorcycle trailer). “Transitional housing” means buildings configured as rental housing developments but operated under program re- quirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the as- sistance. “Transportation demand management (TDM) facilities ordinance” means alternative travel behavior, usually on the part of the commuters, through programs of incentives, services and pol icies. 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 c ompressed workweeks). “Transportation information board” means a bulletin board, display case or kiosk displaying transportation infor- mation. The board must be located where it is likely to be seen by the greatest number of employees. “Transportation services, distribution facility” mean establishments primarily engaged in undertaking the transporta- tion of goods and people for compensation, and which may in turn make use of other transportation establishments in effecting delivery. This definition includes parking lots for overnight truck storage, and such establishments as com- mercial distribution services of tangible goods, freight forwarding services and freight agencies. Facility typically en- gaged in no or negligible onsite retails sales. 17.08.010 “Trademark” means a word, phrase, symbol, or d esign, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the source of a service from one party from those of others. “Uniform apparel” means standardized items of clothing such as aprons, pants, shirts, dresses, hats, and pins (other than name tags), as well as standardized colors of clothing. “Urgent care” means a medical facility providing walk-in medical services focused on the delivery of medical care for minor illnesses and injuries in an ambulatory medical facility o utside 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 substa- tions 695 Ordinance No. ___ Page 37 “Valve Apparatus” means any flow control device used to handle and control the flow of gases, water, or other liq- uids such as liquefied petroleum, oxygen, and sour and natural gas. “Vanpooling” means a group of at least seven (7) commuters traveling to work in a vehicle designed to carry more than six (6) but less than sixteen (16) pe rsons, 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 animals, like dogs, cats, birds, etc. “Wall” means an upright structure of building material, such as masonry, wood or plaster, serving to enclose, divide or protect an area, especially a vertical construction forming an inner partition or exterior siding of a building. “Waste treatment and disposal” means public or private disposal facilities or transfer stations, operated for the pur- pose of recycling, reclaiming, treating or disposal of garbage, sewage, rubbish, offal, dead animals, oil field wastes, hazardous waste, or other waste material originating on or off the premises. “Warehouse or storage” means the placement or keeping of materials, equipment or other items in a fully enclosed building. Cargo containers are considered outdoor storage, unless plac ed within an enclosed building. “Window” means an opening in the wall of a build ing 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 d efined in Chapter 17.42. “Yard” means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground u pward except as otherwise expressly provided herein. Yard, Front. “Front yard” means a yard extending between side lot lines across the front of a lot, the depth of which is the minimum horizontal distance (setback) between the rear lot line and a line parallel thereto on the lot. Yard, Side. “Side yard” means a yard extending from the front yard, or the front lot line where no front yard is re- quired, to the rear yard; the width of the required side yard (setback) shall be measured horizontally from the nearest part of the side lot line. “Zoning clearance” means a permit which certifies that a proposed structure and/or use of la nd meets all require- ments of the city’s zoning code and, if applicable, the conditions of any previously approved permit. Chapter 17.12 ESTABLISHMENT OF ZONES, BOUNDARIES AND MAPS Sections: 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 an d buildings; to regulate the height and size of buildings; to regulate the area of yards and other open spaces around bu ildings; and to regulate the density of population, the fol- lowing classes of use zones and their subzones are established: A. Open space (O-S) zone; 696 Ordinance No. ___ Page 38 B. Agricultural exclusive (A-E) zone; C. Rural agricultural (R-A) zone; D. Rural exclusive (R-E) zone; E. Reserved F. Single-family residential low (R-L) zone; G. Single-family residential (R-1) zone; H. Medium density residential (R-2) zone; I. Multifamily density residential (R-3) zone J. Commercial office (C-O) zone; K. Neighborhood commercial (C-1) zone; L. General commercial (C-2) zone; M. Commercial planned development (C-P-D) zone; N. Industrial Flex (I-F) zone; O. Industrial park (M-1) zone; P. Limited industrial (M-2) zone; Q. Planned community (P-C) zone; R. Specific plan (S-P) zone; S. Old town commercial (C-OT) zone; T. Specific plan—downtown overlay (SP-D) zone; U. Mixed Use Low District (MUL) zone; V. Mixed Use Medium (MUM) zone; W. Mixed Use District (MUD) zone. 17.12.020 Subzones. A. Lot Size Subzones. The size of lots created in each of the O-S subzones may be determined by a suffix number attached to the zone designation on the zoning maps. The application of such suffixes shall be consistent with the gen- eral plan and Chapter 17.24. All other requirements of the zone contained in this title shall apply to the respective sub- zones. The suffix numbers shall only be assigned in one thousand (1,000) square foot increments for lots of less than one (1) acre and increments of one (1) acre for lots o f 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 nu mbers shall not create lot sizes less than the minimum size specified for the O-S zones. Where no suffix number appears, it is understood that the minimum lot size specified for the O-S zone shall apply. 17.12.020 17.12.030 Uncertainty of zone boundaries. Where uncertainty exists as to the boundaries of any zone as shown on any zoning map or part thereof, the following rules of construction shall apply: A. Boundaries Following Lot Lines. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries. B. Boundary by Scaling. In the case of unsubdivided property and where a zone boundary divides a lot, the loca- tions of such boundaries, unless the same are indicated by dimensions, shall be determin ed by the use of the scale ap- pearing on such zoning map. C. Boundary Upon Street Abandonment. Where a public street or alley is officially vacated or abandoned the zon- ing regulations applicable to abutting property on each side of the centerline shall app ly up to the centerline of such vacated or abandoned street or alley on each respective side thereof. D. Determination of Uncertainties. In cases where the precise location on the ground of lines or boundaries depict- ed on the zoning maps is still uncertain after application of the above rules, the director of community development is authorized to resolve the uncertainty. 697 Ordinance No. ___ Page 39 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. Chapter 17.16 PURPOSES OF ZONES Sections: 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. 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 r enewable and nonre- newable natural resources of open land area. This allows future land use options that are reasonable and compatible uses on open lands in the city. B. Agricultural Exclusive (A-E) Zone. The purpose of this zone is to preserve and protect commercial agricultural lands as a limited and irreplaceable resource, to preserve and maintain agriculture as a major industry in the city and to protect these areas from the encroachment of nonrelated uses which, by their nature, would have detrimental effect s upon the agriculture industry. 17.16.030 Rural residential zones. A. Rural Agricultural (R-A) Zone. The purpose of this zone is to provide for and maintain a rural setting where a wide range of agricultural uses are permitted while surrounding residential land uses are protected. B. Rural Exclusive (R-E) Zone. The purpose of this zone is to provide for and maintain rural residential areas in conjunction with horticultural activities, and to provide for a limited range of s ervice and institutional uses which are compatible with and complementary to rural residential communities. C. Reserved. 17.16.040 Urban residential zones. A. Single-Family Residential Low (R-L) Zone. The purpose of this zone is to provide for and maintain areas which are appropriate for single-family dwellings on individual lots at a lower density. B. Single-Family Residential (R-1) Zone. The purpose of this zone is to provide for and maintain areas which are appropriate for single-family dwellings on individual lots. C. Medium Density Residential (R-2) Zone. The purpose of this zone is to provide for and maintain residential areas allowing single-family, two single-family dwelling units or a two-family dwelling unit, or multi-family develop- ments on lots which meet the minimum area requirements of this zone. D. Multifamily Residential (R-3) Zone. The purpose of this zone is to provide for and maintain a mix of attached multifamily residential housing types. 698 Ordinance No. ___ Page 40 17.16.050 Commercial zones. A. Commercial Office (C-O) Zone. The purpose of this zone is to provide suitable locations for offices and ser- vices of a professional, clerical or administrative nature. B. Neighborhood Commercial (C-1) Zone. The purpose of this zone is to provide areas for retail convenience shopping and personal services to meet the daily needs of neighborhood residents. C. General Commercial (C-2) Zone. The purpose of this zone is to provide areas for shopping and personal ser- vices that is not limited to meet the daily needs of the immediate neighborhood. D. Commercial Planned Development (C-P-D) Zone. The purpose of this zone is to encourage the development of coordinated, innovative and efficient commercial sites and to provide areas for a wide range of commercial retail and business uses, including stores, shops and 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 coordina- tion of uses within the downtown planning area. 17.16.060 Industrial zones. A. Industrial Park (M-1) Zone. The purpose of this zone is to pr ovide suitable areas for the exclusive development of light industrial, service, technical research and related business office uses in an industrial park context, in conjunc- tion with stringent standards of building design, noise, landscaping and performance. B. Limited Industrial (M-2) Zone. The purpose of this zone is to provide suitable areas for the developm ent 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 su rrounding community. C. Industrial Flex (I-F) Zone. The purpose of this zone is to provide a broader mix of lig ht industrial and specialty or destination commercial uses, as well as provide services for employees and businesses located within the vicinity. Examples of uses include makerspaces, small business incubators or start-up spaces, business offices and service-based commercial uses such as restaurants, brew pubs, coffee houses, and similar uses that activate the area in the evening and weekends. 17.16.070 Special purpose zones. A. Specific Plan (S-P) Zone. This suffix shall be used for property that is su bject to a specific plan. The purpose of this suffix is to provide the city with a zone that allows for deve lopment with a comprehensive set of plans, regulations, conditions and programs for guiding the orderly development of the specific plan area, co nsistent with the city’s gen- eral plan; and that the specific plan shall serve as the zoning regulations. 17.16.080 Overlay zones. A. The purpose of overlay zones is to superimpose particular zones on existing base zones, thus establishing addi- tional regulations and either reducing or extending permitted uses. B. Specific Plan—Downtown (SP-D) Overlay Zone. The purpose of this overlay zone is to provide for special de- sign standards and to control uses within the downtown core area. 17.16.090 Institutional zones. Institutional (I) zones are zones to be used by private or public entities for the public benefit and shall contain uses such as a school, church, library, museum, or like uses. 17.16.100 Mixed Use zones. A. Mixed Use Low (MUL) Zone. The purpose of this zone is to provide for neighborhood-serving goods and com- mercial services and/or multi-family residential in a mixed-use format (vertical or horizontal). Buildings in this desig- nation will be designed to be walkable with wide sidewalks, active str eet frontages, and minimal setbacks from the back of the sidewalk. 699 Ordinance No. ___ Page 41 B. Mixed Use Medium (MUM) Zone. The purpose of this zone is to provide for a mix o f commercial, office, and housing development in buildings to achieve project feasibility. Buildings will contain active ground floor uses located at or near the sidewalk with housing or office next to or above. C. Mixed Use District (MUD) Zone. The purpo se of this zone is to allow larger sized properties to be developed with a mix of uses that may include buildings developed for a single use (such as retail, office, restaurant, and housing) and/or structures that integrate multiple uses vertically (such as housing above ground level retail). Typically, such pro- jects establish a compact, walkable, “village-like” environment where buildings are grouped along external and internal street frontages and pedestrian-oriented pathways, plazas, and open spaces, with parking located in structures or subter- ranean. A model for the redevelopment of underutilized commercial centers. Chapter 17.20 USES BY ZONE Sections: 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. 17.20.020 Use of matrices. The use matrices indicate the level of review required for each use. Review requirements are subject to Chapter 17.44 of this title. 17.20.030 Uses not listed. Review of a use that is not shown in the matrices may be initiated by a written request to the commun ity develop- ment 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 be- low. A. The proposed use is similar in nature, character, and intensity to one or more of the listed uses. B. The review requirements for the proposed use shall be identical to those similar uses upon which the communi- ty development director has based the determination. 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 zo ning ordinance amendment. The decision of the director is final unless appealed in accordance with Chapter 17.44. 17.20.040 Reserved. 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones. Permitted uses in open space, agricultural, residential and special purpose zones are set forth in Table 17.20.050 and in the conditions of approval of any applicable residential planned development permits. In addition to the entitlements required by Table 17.20.050, a planned development permit is required for all residential development of 10 or more units. All uses, as applicable, shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regu- lations. 700 Ordinance No. ___ Page 42 Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES — = Not permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit Zones O—S A—E R—A R—E R—L R—1 R—2 R—3 TPD A. Agricultural Uses (minimum lot size of 5 acres required) 1. Animal Husbandry as a primary use in ac- cordance with Chap- ter 17.28 a. Without Structures ZC ZC ZC ZC — — — — — b. With structures of total gross floor areas per lot: — Less than 1,000 sq. 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 — — — — — — 3. Apiculture in accord- ance with Chap- ter 17.28 (1-acre mini- mum lot area) ZC ZC ZC ZC ZC ZC — — — 4. Crop production where no structures are involved ZC ZC ZC ZC — — — — — 5. Greenhouses 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 catter- ies (domestic) see Chapter 17.28 CUP CUP CUP CUP — — — — — 701 Ordinance No. ___ Page 43 Zones O—S A—E R—A R—E R—L R—1 R—2 R—3 TPD 7. Commercial Board- ing, equine or other similar animals (mini- mum lot size of 1 acre) ZC ZC ZC ZC — — — — — 8. Wholesale nurseries, tree farms and orna- mental plant farms including container plants. (See Chap- ter 17.28) *Only al- lowed in these zones when within overhead electrical utility corri- dors. AP AP AP AP — AP* — — — 9. Wildlife sanctuaries CUP CUP — — — — — — — 10. Commercial canna- bis activity except as provided in Ta- ble 17.20.050(D)(16) and (17) — — — — — — — — — 11. Cultivation of in- dustrial hemp — — — — — — — — — 12. Industrial hemp warehousing, and manufacturing and processing — — — — — — — — — B. Residential Uses 1. Bed and breakfast inns — CUP CUP CUP CUP CUP CUP CUP — 2. Family day care homes (small)— P P P P P P P P P 3. Family day care homes (large)— ZC ZC ZC ZC ZC ZC ZC ZC ZC 4. Home schooling P P P P P P P P P 5. Transitional and supportive housing (structure subject to the same zoning re- quirements, permitting procedures, and regu- latory requirements as other residential uses of the same type in the same zoning district) P P P P P P P P — 6. Residential care facil- ity located within an existing residential P P P P P P P P P 702 Ordinance No. ___ Page 44 Zones O—S A—E R—A R—E R—L R—1 R—2 R—3 TPD structure (structure subject to the same zoning requirements, permitting procedures, and regulatory re- quirements as other residential uses of the same type in the same zoning district) 7. Dwellings, single family a. Standard construc- tion, including manu- factured and factory- built housing con- sistent with Chap- ter 17.28 (for 10 or more homes con- structed in the R—A, R—O, R—E, O-S, A-E, R- L, R—1, R-2, and R-3 zones a planned devel- opment permit is re- quired) AP AP AP AP AP AP AP AP AP b. Less than 10 afford- able or senior housing units when in compli- ance with Chap- ter 17.64 — — — — AP AP AP AP — c. Accessory dwelling units when in compli- ance with Chap- ter 17.28 P P P P P P P P — 8. Dwellings, two— family or two single— family dwellings on 1 lot a. Two dwelling units — — — AP AP AP AP AP — b. Two dwelling units for affordable or senior housing units when in compliance with Chap- ter 17.64 — — — AP AP AP AP AP — 9. Dwellings, multiple family (three or more units) a. Less than 10 dwelling units (for 10 or more — — — AP AP AP AP AP — 703 Ordinance No. ___ Page 45 Zones O—S A—E R—A R—E R—L R—1 R—2 R—3 TPD homes constructed in the R-A, R-L, R-E, R-1, R-2, and R-3 zones a planned development permit is required) b. Less than 10 afford- able or senior housing units when in compli- ance with Chap- ter 17.64 — — — AP AP AP AP AP — c. 10 or more dwelling units (Residential Planned Development Permit required for any project resulting in 10 or more units) - - RPD RPD RPD RPD RPD RPD RPD 10. Mobilehome parks in compliance with the applicable standards of the zone in which it is located. It shall include recreation facilities with minimum distance between structures of 10 feet and minimum distances between ac- cessory structures of 6 feet — — CUP CUP CUP CUP CUP CUP CUP 11. 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 develop- ment director (Tempo- rary construction trail- ers require a Tempo- rary Use Permit) — AP AP AP AP AP AP AP — 12. Residential short— term rental units — — — — — — — — — C. Public and Quasi—Public Uses 1. Places of religious assembly, with or — — CUP CUP CUP CUP CUP CUP — 704 Ordinance No. ___ Page 46 Zones O—S A—E R—A R—E R—L R—1 R—2 R—3 TPD without schools and/or social services, includ- ing emergency shelters 2. Social clubs with or without alcoholic bev- erage sales — — CUP CUP CUP CUP CUP CUP — 3. Colleges and univer- sities — — — CUP — — — — — 4. Energy production from renewable re- sources CUP CUP CUP — — — — — — 5. Governmental uses including, but not lim- ited to, city offices, community rooms, fire stations, human service centers, libraries, po- lice stations, public utility facilities CUP CUP CUP CUP CUP CUP CUP — 6. Utility structures (electrical boxes, trans- formers and valve ap- paratus that have no covered floor area and are attached to the ground by poles, col- umns or pedestals shall not require a zoning clearance) AP AP AP AP AP AP AP AP AP 7. Wireless communi- cations facilities a. Major wireless communications facili- ties CUP CUP CUP CUP CUP CUP CUP CUP CUP b. Minor wireless communications facili- ties AP AP AP AP AP AP AP AP AP c. Collocation wireless communications facili- ties (consistent with definition of “colloca- tion facility” in Sec- tion 17.42.020) ZC ZC ZC ZC ZC ZC ZC ZC ZC d. Modification of ex- isting wireless commu- nication facilities that is not a substantial ZC ZC ZC ZC ZC ZC ZC ZC ZC 705 Ordinance No. ___ Page 47 Zones O—S A—E R—A R—E R—L R—1 R—2 R—3 TPD change (pursuant to Section 6409 (a) of Middle-Class Tax Relief and Job Creation Act of 2012) D. Accessory and Miscellaneous Uses 1. Animal keeping as an accessory use when the primary use is residen- tial in accordance with the requirements of Chapter 17.28 a. Apiculture (*minimum lot size: 1 acre) ZC ZC ZC ZC ZC ZC — — — b. Aviaries (*minimum lot size: five [5] acres) AP AP AP AP — — — — — c. Farm animals includ- ing horses and ponies subject to the require- ments of Chapter 17.28 P P P P P — — — — d. Pet animals are al- lowed in all zones sub- ject to the require- ments of Chapter 17.28 P P P P P P P P P 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 struc- tures as described in Chapter 17.24.025.A.7.b are Permitted) 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 construct- ed lower than thirty (30) inches above the immediate surrounding natural grade. (No building permit re- P P P P P P P P P 706 Ordinance No. ___ Page 48 Zones O—S A—E R—A R—E R—L R—1 R—2 R—3 TPD quired) c. Fences and walls greater than six (6) feet and retaining walls greater than three (3) feet in height, paving and decks when con- structed higher than thirty (30) inches above the immediate sur- rounding natural grade 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 e. Swimming, wading, ornamental pools, or spas where a building permit is not required P P P P P P P P P 3. Antenna or flagpole, ground mounted, non—commercial a. <35 feet high AP AP AP AP AP AP AP AP AP b. >35 feet high CUP CUP CUP CUP CUP CUP CUP CUP CUP 4. Dwelling, caretaker AP AP AP AP AP AP AP AP AP 5. Dwelling, employee housing ZC ZC ZC ZC ZC ZC ZC ZC ZC 6. Dwellings, farm labor (see Chapter 17.28) ZC ZC ZC ZC — — — — — 7. Home occupation when conducted in an existing residence and consistent with the requirements of Chap- ter 17.28.020.B P P P P P P P P P 8. Maintenance and minor repair to build- ings involving structural alterations ZC ZC ZC ZC ZC ZC ZC ZC ZC 9. Temporary motion picture, television, or still photography pro- duction (see Sec- tion 17.28.120) TUP TUP TUP TUP TUP TUP TUP TUP TUP 10. Mobilehomes or recreation vehicle as temporary dwelling on TUP TUP TUP TUP TUP TUP TUP TUP TUP 707 Ordinance No. ___ Page 49 Zones O—S A—E R—A R—E R—L R—1 R—2 R—3 TPD the site of an active building permit during construction 11. Produce stands (see Chapter 17.28) ZC ZC ZC ZC ZC — — — — 12. Garden, Communi- ty AP AP AP AP AP AP AP AP 13. Recreational facili- ties— CUP — CUP CUP CUP CUP CUP CUP — 14. Storage of building materials in accordance with the requirements of Chapter 17.28 ZC ZC ZC ZC ZC ZC ZC ZC ZC 15. Storage, open, con- sistent with Chap- ter 17.28 P P P P P P P P P 16. Soil testing for wells, foundations, septic systems and similar construction P P P P P P P P P 17. Temporary uses TUP TUP TUP TUP TUP TUP TUP TUP TUP 18. Delivery of adult use or medicinal can- nabis, including, but not limited to, deliver- ies from mobile dis- pensaries, except for deliveries of medicinal cannabis to a medici- nal cannabis patient or their primary caregiv- ers by licensed medici- nal cannabis business- es, as those terms are defined in state law, and transporting can- nabis through the ju- risdictional limits of the city for delivery to a person located outside the city, where such transport does not in- volve delivery within the jurisdictional limits of the city — — — — — — — — — 19. Indoor personal cultivation of cannabis of up to 6 plants per P P P P P P P P P 708 Ordinance No. ___ Page 50 .20.050 Zones O—S A—E R—A R—E R—L R—1 R—2 R—3 TPD private residence when consistent with Health and Safety Code Section 11362.2 (Outdoor personal cul- tivation of cannabis is prohibited) 709 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 commerci al and industrial zones for any new con- struction of building floor area ten thousand (10,000) squa re 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 a ll commercial and in- dustrial zones for any new construction of less than ten thousand (10,000) squ are feet of building floor area in a com- mercial zone and less than fifty—thousand (50,000) square feet of building floor area in an industrial zone. All uses, except for those specifically identified as outdoor uses, shall be operated within a building. Pr ior 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 Mun icipal Code Title 5, Business Taxes, Licenses and Regulations. Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES — = Not permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F A. Retail and Service Uses 1. Adult businesses when in com- pliance with Sec- tions 17.24.040(N), 17.78.050 and Chapter 5.18 — — — — ZC ZC — — 2. Alcoholic beverage sales for off— site consumption when in conjunc- tion with another city—approved retail or service use other than au- tomobile service station or liquor store a. Beer and/or wine — AP3 AP3 AP3 AP3 AP3 — AP3 b. Beer, wine and other alcoholic beverages — AP 3 AP 3 AP 3 AP3 AP 3 — AP 3 3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales and installation, tune— ups and other light service and re- pair (with or without hydraulic lifts) — CUP AP 3 — AP 3 AP 3 — — b. Car washes, self—service or au- tomatic with or without automo- tive services stations — — CUP — CUP CUP — — 710 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 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 AP AP 5. Building supplies — — AP 3 AP 3 — AP 3 — AP 3 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) — — — — AP 3 AP 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 — — — — — — — - 11. Nurseries (retail) with or with- out 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 — — — — AP 3 AP 3 — — 15. Private post offices, parcel ser- vices, copy centers ZC ZC ZC ZC — — — — 16. Psychics, fortunetelling, and spiritual advisors when in compli- ance with Title 5 of the Moorpark Municipal Code ZC 4 ZC 4 ZC 4 — — — — — 17. Recreational vehicle storage — — — — — CUP — — 711 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F yards when not located on parcels adjacent to arterial roads or free- ways as shown on the Moorpark Circulation Element Moorpark Network Map and with or without a caretaker dwelling 18. Recycling centers — — CUP — CUP CUP — — 19. Recycling drop—off bins when located in an area determined by the community development direc- tor not to be in conflict with park- ing, vehicle or pedestrian circula- tion ZC ZC ZC ZC ZC ZC — ZC 20. Rental and leasing of large equipment with or without outdoor storage and repair — — — — AP 3 AP 3 — — 21. Retail shops and personal ser- vice establishments, except as oth- erwise indicated in this table, in- cluding, but not limited to, an- tiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales/service, books and stationery, camera/photo stores including on—site pro- cessing, carpet and flooring sales/ cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, flo- rists, food markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales, jewelry stores, key and lock- smiths, music stores (including rec- orded music and musical instru- ment sales, service, and lessons), newsstands, paint stores, party supply sales and rental, pet groom- ing, pet sales and supplies, phar- macies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and eques- trian supplies, small equipment rental (no outdoor storage), toy — ZC ZC ZC — — — ZC 712 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F and hobby stores, video/DVD/CD sales and rental, wireless sales/service, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 22. Warehousing with limited dis- tribution conducted within a retail sales establishment combined with limited distribution and/or ware- housing not exceeding 40% of gross floor area of the building/tenant space in which it is located — — AP3 — — — — AP3 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) prod- ucts from retail establishments other than retail smoking products stores — AP AP AP — AP — — c. Smoking and vaping lounges where tobacco and vaping products are sold for on—site consumption (e.g., cigar lounges, hookah loung- es, vaping lounges) other than re- tail smoking products stores — — — — — — — — 27. Industrial Hemp a. Industrial hemp product retail sales, stand—alone retail store (*consistent with the requirements ZC ZC ZC ZC — — — ZC 713 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F of Chapter 17.28.080) b. Industrial hemp product retail sales, accessory (sales display area limited to a maximum of 5% of the retail floor area of the establish- ment in which it is located) P P P P — — — P B. Eating and Drinking Places 1. Bars with or without entertain- ment including, but not limited to, cocktail lounges, cabarets — — CUP CUP 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 CUP CUP CUP — AP 3. Restaurants and similar estab- lishments engaged primarily in the retail sale of prepared food for on—site or off—site consumption in accordance with the restrictions below: a. With or without entertainment and with or without on—site con- sumption of beer and wine and other alcoholic beverages and with or without outdoor seating — CUP AP 3 AP 3 AP 3 AP 3 — AP 3 b. With drive—in or drive—through facilities (sale of alcoholic beverag- es from the drive—in or drive— through facilities is prohibited) with or without outdoor seating (Only permitted in the CPD Zone) — — CUP — — — — — c. Outdoor dining when in compli- ance with section 17.28.135 (Out- door dining located on public right—of—way shall be permitted with an Encroachment Permit in compliance with section 12.04) — AP AP AP AP AP — AP C. Office and Professional Uses 1. Financial services a. Banks and other financial institu- tions, 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) — — ZC — — — — — c. Automated/automatic teller ma-ZC ZC ZC ZC ZC — — ZC 714 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F chines (ATMs) 2. Laboratories: research and scien- tific 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 agen- cies, chiropractic, collection ser- vices; dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment; medical, optical and related health services; planning services (not including hospitals or urgent care), real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 ZC ZC ZC ZC ZC ZC — ZC 4. Veterinary offices and animal hospitals — — — — — — — a. Without boarding (keeping of animals indoors and on—site for medical purposes shall not be con- sidered boarding) ZC ZC ZC ZC ZC ZC — ZC b. With boarding indoors or out- doors (8 or fewer animals) — — AP3 — AP3 AP — AP3 c. With boarding indoors or out- doors (9 or more animals) — — CUP — CUP CUP — — 5. Animal rescue or animal shelter a. 8 or fewer animals — — AP3 — AP3 AP3 — — b. 9 or more animals — CUP — CUP CUP — — 6. Massage establishments when in compliance with Chapter 5.48 of the Moorpark Municipal Code a. Massage establishments with 4 or more massage stations, or where 20% or more of the floor area is dedicated to massage ser- vices (Only permitted in the CPD Zone) — — CUP — — — — — b. Massage establishments at day spas, salons, or similar uses with 3 or fewer massage stations, provid- ed that less than 20% of the floor ZC ZC ZC ZC — — — CUP 715 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F area is dedicated to massage ser- vices 7. Motion picture and television production — — CUP1 — CUP CUP — CUP D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster. — — — — — CUP — — 2. Distribution and transportation facilities — — — — CUP CUP — — 3. Heavy machinery repair, includ- ing trucks, tractors and buses — — — — — CUP — — 4. Manufacturing, assembly, and product fabrication including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, ma- chinery, medical and scientific in- struments, paper, perfumes, phar- maceuticals, photographic and op- tical goods, plastic products, signs and advertising displays, soap, tex- tiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 — — CUP1 — ZC 4 ZC 4 — ZC* 5. Outdoor storage when in con- junction with a city approved use and when all storage is screened by a 6—foot high masonry wall or sol- id fence that is architecturally matched to the primary structure — — AP3 — AP3 AP3 — AP3 6. Self—storage or mini—storage when not located on parcels adja- cent to arterial roads or freeways as shown on the Moorpark Circula- tion Element Moorpark Network Map and with or without a care- taker dwelling — — — — CUP CUP — — 7. Warehousing — — CUP1, 2 — ZC4 ZC4 — ZC4 8. Welding — — — — AP AP — — 9. Industrial hemp warehousing, and manufacturing and processing (*except that the process of com- bining prepared industrial hemp ingredients with other products shall be allowed as an accessory use within a permitted processing — — — — — — — — 716 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F or assembly use, with a Zoning Clearance) E. Public and Semi—Public Uses 1. Amusement and recreational facilities as defined in Chap- ter 17.08 a. Arcades (video and computer) and cyber cafés — ZC ZC ZC — — — ZC b. Health clubs, gymnasiums, fit- ness centers, and fitness studios for uses such as martial arts, yoga, dance, and other similar uses or combination of uses i. up to 10,000 square feet ZC ZC ZC ZC ZC ii. over 10,000 square feet — AP 3 AP 3 AP 3 AP 3 — — ZC 3 c. Auditoriums, community cen- ters, 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, without alcohol — — AP AP — — — AP e. Billiard and pool establishments, and bowling alleys, with alcohol — — AP3 AP3 — — — AP3 2. Community care facility CUP CUP CUP — — — — — a. Community care facility, six or few persons. AP AP AP — — — — — 3. Emergency shelters (see Chap- ter 17.28) (*allowed in C—2 zone only, not permitted in CPD zone; emergency shelters are also al- lowed in conjunction with permit- ted places of religious assembly) — — ZC — — — — — 4. Single room occupancy unit de- velopment in compliance with the requirements of Chap- ter 17.28 (*allowed in C—2 zone only, not permitted in CPD zone) — — ZC* — — — — — 5. Social clubs without alcohol — — AP — AP — AP AP 6. Social clubs with service of alco- hol — — CUP — CUP — CUP CUP 7. Energy production from renewa- ble resources — — — — — CUP CUP CUP 8. Energy storage7 — — — — CUP CUP CUP CUP 9.. Governmental uses including, CUP CUP CUP CUP CUP CUP CUP CUP 717 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F but not limited to, city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facili- ties 10. Hospitals including urgent care CUP — AP 3 — AP 3 — AP 3 — 11. Places of religious assembly, with or without schools and/or social services, including emergen- cy shelters i. up to 5,000 square feet CUP AP AP AP AP CUP CUP CUP ii. over 5,000 square feet CUP AP 3 AP 3 AP 3 AP 3 CUP CUP CUP 12. Private education facilities in- cluding, but not limited to, colleges and universities, elementary, mid- dle and high schools CUP CUP AP3 AP 3 AP 3 — CUP CUP 13. Private training facilities includ- ing, but not limited to, professional and vocational schools, art and craft schools, music schools not part of a music store, and driver training schools CUP CUP AP 3 AP 3 AP 3 — — AP 3 14. Recreational facilities, private — — AP 3 AP3 AP 3 — CUP AP 3 15. Utility structures (electrical boxes, transformers and valve ap- paratus that have no covered floor area and are attached to the ground by poles, columns or pedes- tals shall not require a zone clear- ance) AP AP AP AP AP AP AP AP 16. Wireless communications facili- ties, in accordance with the re- quirements 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 communica- tions facilities (consistent with def- inition 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 ZC ZC ZC ZC ZC ZC ZC ZC 718 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 bu ilding dedicated to retail uses. 3.If within one hundred [100] feet of a residentially zoned property a Cond itional 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. 7.Energy Storage Facilities shall be fully screened from public view, rights -of-way, and adjacent properties. 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 o f any applicable mixed use planned development permits. In addition to the entitlements required by Table 17.20.070, a planned de- velopment permit is required in all mixed-use zones for any new building construction or conversion of an existing building to a new mixed-use development which was previously exclusively used for an individual use (for example a commercial building). All mixed use planned development permits shall be reviewed by the Planning Commission and Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F Section 6409 (a) of Middle-Class Tax Relief and Job Creation Act of 2012) 17. Funeral home - - - - AP AP - - F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP — CUP 2. Retail shops and services as listed in Table 17.20.060(A)(21) when the uses are determined by the community development direc- tor to be ancillary to office use of the property AP — — — — — — AP 3. Temporary motion picture, tele- vision, or still photography produc- tion (and related activities and structures) in accordance with Sec- tion 17.28.120 TUP TUP TUP TUP TUP TUP TUP TUP 4. Temporary uses TUP TUP TUP TUP TUP TUP TUP TUP 5. Drive—through facilities associ- ated with permitted uses in the zone other than eating and drinking places (Not allowed in C—2 Zone) — — CUP — CUP — — CUP 6. Cultivation of industrial hemp — — — — — — — — 719 decided by the City Council. Prior to the issuance of a zoning clearance, a discretionary permit, or an exception, the community development director shall verify that the site, use or structure has an approved planned development permit or administrative permit if needed in accordance with this section and Chapter 17.44. All uses shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations. Table 17.20.070 PERMITTED USES IN MIXED USE ZONES — = Not permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit 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 — — — 4. Crop production where no structures are involved — — — 5. Greenhouses With a total gross floor area per lot: — Less than 1,000 sq. ft. — — — — 1,001—20,000 sq. ft. — — — — > 20,000 sq. ft. — — — 6. Kennels and catteries (domestic) see Chapter 17.28 — — — 7. Wholesale nurseries, tree farms and ornamental plant farms including container plants. (See Chapter 17.28). *Only allowed in these zones when within overhead electrical utility corridors. — — — 8. Wildlife sanctuaries — — — 9. Commercial cannabis activity except as provided in Ta- ble 17.20.050(D)(16) and (17) — — — 10. Cultivation of industrial hemp — — — 11. Industrial hemp warehousing, and manufacturing and pro- cessing — — — B. Residential Uses – New or converted mixed-use projects require a Residential Planned Development Permit 1. Boardinghouses and bed and breakfast - - - 2. Family day care homes and home schooling, transitional and supportive housing, and Low—barrier navigation centers: a. Family day care homes (small) ZC ZC ZC b. Family day care homes (large) ZC ZC ZC c. Home schooling ZC ZC ZC 720 d. Transitional and supportive housing P P P e. Low—barrier navigation centers ZC ZC ZC f. Residential Care Facility (subject to the same zoning require- ments and procedures as other residential uses of the same type in the same zoning district) P P P 3. Dwellings, single—family a. Standard construction, including manufactured housing con- sistent with Chapter 17.28 — — — b. Less than 5 affordable or senior housing units when in com- pliance with Chapter 17.64 ZC ZC ZC c. Accessory dwelling units when in compliance with Chap- ter 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 com- pliance 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 com- pliance with Chapter 17.64 ZC ZC ZC 6. Mobilehome parks in compliance with the applicable stand- ards of the zone in which it is located. It shall include recreat ion 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 co mplex plan/temporary office plan approved by the community development director — — — 8. Residential short—term rental units — — — C. Public and Quasi—Public Uses 1. Places of religious assembly, with or without schools and/or social services, including emergency shelters CUP CUP CUP 2. 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, librar- ies, 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 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 721 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 Chap- ter 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 i. up to 10,000 square feet ZC ZC ZC ii. over 10,000 square feet AP2 AP2 AP2 c. Auditoriums, community centers, dancehalls, banquet facili- ty, event facility, and indoor motion picture theaters (Service of food or alcohol may require additional permits) — — — d. Billiard and pool establishments, and bowling alleys, without alcohol 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 Chap- ter 17.28 a. Apiculture — — — b. Aviaries (*minimum lot size: five [5] acres) — — — c. Farm animals including horses and ponies subject to the re- quirements of Chapter 17.28 — — — d. Pet animals are allowed in all zones subject to the require- ments of Chapter 17.28 — — — e. Wild animals subject to the requirements of Chapter 6.24 — — — 2. Accessory structures a. Balcony, deck, patio covers, room additions, or storage sheds 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 construct- ed lower than thirty (30) inches above the immediate surround- ing 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 higher than thirty (30) inches above the immediate surrounding natural grade AP AP AP d. Swimming, wading, ornamental pools, or spas where a build- ing permit is required ZC ZC ZC e. Swimming, wading, ornamental pools, or spas where a build- ing permit is not required ZC ZC ZC 3. Antenna or flagpole, ground mounted, non—commercial a. <35 feet high AP AP AP b. >35 feet high CUP CUP CUP 4. Dwelling, caretaker AP AP AP 722 5. Dwellings, farm labor (see Chapter 17.28) — — — 6. Home occupation when conducted in an existing single— family home and consistent with the requirements of Chap- ter 17.28 P P P 7. Maintenance and minor repair to buildings involving struc- tural alterations P P P 8. Temporary motion picture, television, or still photography production (see 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— CUP CUP CUP 12. Storage of building materials in accordance with the re- quirements of Chapter 17.28 ZC ZC ZC 13. Storage, open, consistent with Chapter 17.28 P P P 14. Soil testing for wells, foundations, septic systems and simi- lar construction P P P 15. Temporary uses TUP TUP TUP 16. Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except fo r deliveries of medicinal cannabis to a medicinal cannabis pa- tient or their primary caregivers by licensed medicinal cannabis businesses, as those terms are defined in state law, and trans- porting cannabis through the jurisdictional limits of the city for delivery to a person located outside the city, where such transport does not involve delivery within the jurisdictional limits of the city - - - 17. Indoor personal cultivation of cannabis of up to 6 plants per private residence when consistent with Health and Safety Code Section 11362.2 (Outdoor personal cultivation of cannabis is prohibited) P P P E. Retail and Service Uses – New or converted mixed-use projects require a Residential Planned Development Permit 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 — — — 2. Alcoholic beverage sales a. Alcoholic beverage sales for off—site consumption when in conjunction with another city—approved retail or service use other than automobile service station or liquor store CUP AP ZC b. Beer and/or wine CUP CUP CUP c. Beer, wine and other alcoholic beverages CUP CUP CUP d. 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 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 — — — 723 hydraulic lifts) b. Car washes, self—service or automatic with or without au- tomotive services stations — — — c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting — — — d. Parts and supplies — — — e. Rental — — — f. Sales, with or without service and parts — — — 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 — — — 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. Commercial cannabis activity - - - 11. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an enclosed area — — — 12. Nurseries (wholesale and/or retail) with or without contain- er grown plants when all equipment and supplies kept in an enclosed area — — — 13. Pawnshops when in compliance with Chapter 5.32 — — — 14. Pest control services — — — 15. Private post offices, parcel services, copy centers ZC ZC ZC 16. Psychics, fortunetelling, and spiritual advisors when in com- pliance with Title 5 of the Moorpark Municipal Code — — — 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Moorpark Network Map and with or without a caretaker dwelling — — — 18. Recycling centers — — — 19. Recycling drop—off bins when located in an area deter- mined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation CUP AP ZC 20. Rental and leasing of larg e equipment with or without out- door storage and repair — — — 21. Retail shops and personal service establishments, except as otherwise indicated in this table, including, but not limited to, antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales/service, books and stationery, cam- era/photo stores including on—site processing, carpet and flooring sales/ cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appli- ZC ZC ZC 724 ance sales and service, housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newsstands, paint stores, party supply sales and rental, pet grooming, pet sales and supplies, pharmacies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and eques- trian supplies, small equipment rental (no outdoor storage), toy and hobby stores, video/DVD/CD sales and rental, wireless sales/service, and uses which the community development di- rector determines to be similar when in compliance with Sec- tion 17.20.030 22. Retail sales combined with limited distribution and/or warehousing not exceeding 40% of gross floor area of the build- ing/tenant space in which it is located — — — 23. Thrift stores, secondhand shops, consignment stores when in compliance with Chapter 5.32 AP AP ZC 24. Tobacco sales a. Retail smoking products stores, as defined in Chapter 8.32 AP AP AP b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments other tha n retail smoking products stores AP AP AP c. Smoking and vaping lounges where tobacco and vaping products are sold for on—site consumption (e.g., cigar lounges, hookah lounges, vaping lounges) other than retail smoking products stores — — - 25. Industrial Hemp a. Industrial hemp product retail sales, stand—alone retail store (*consistent with the requirements of Chapter 17.28.080) 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) P P P 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, distiller- ies, with or without restaurant and with or without outdoor seating and with or without entertainment AP2 AP2 ZC2 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on —site or off—site con- sumption in accordance with the restrictions below: a. With or without entertainment and with or without on—site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating AP2 AP2 AP2 b. With drive—in or drive—through facilities (sale of alcoholic beverages from the drive—in or drive—through facilities is pro- hibited) with or without outdoor seating (Only permitted in the CPD Zone) — — — G. Office and Professional Uses 1. Financial services 725 a. Banks and other financial institutions, except those set forth below ZC ZC ZC b. Check cashing, payday loan, and vehicle title loan establish- ments. — — — c. Automated/automatic teller machines (ATMs) ZC ZC ZC 2. Laboratories: research and scientific a. Industrial hemp research and testing laboratory — — — 3. Professional and administrative offices, including, but not limited to: accounting, advertising agencies, chiropractic, col- lection services; dental, direct mail marketing companies, em- ployment agencies, engineering services, insurance, invest- ment; medical, optical and related health services; planning services, real estate services; secretarial services, travel agen- cies, and uses which the community development director de- termines to be similar when in compliance with Section 17.20.030 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 . Chapter 17.24 DEVELOPMENT REQUIREMENTS* Sections: 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 726 17.24.010 Purpose. The purpose of this chapter is to set forth specific development requirements for all zones in the city in order to pro- vide adequate separation for light, air, safety, and open space as well as to provide an ae sthetically pleasing environ- ment in which to live, work and recreate. 17.24.020 Open space, agriculture and residential zone development requirements. Table 17.24.020 indicates the minimum development requirements for buildings and accessory structures in the open space, agricultural and residential zones with respect to lot area, setback, height and building coverage unless in- dicated otherwise. Maximum density and minimum lot dimensions (A through D) only apply to the creation of new lots by subdivision or the amendment of existing lots by lot line adjustment and do not otherwise restrict the use of the lot. Lot areas and dimensions (B through D) do not apply to lots created for public or public utility uses. All setbacks shall be landscaped except for required walkways and driveways. No parking shall be permitted in any setback area except when on a driveway or as allowed by Chapter 17.32 (Parking, Access and Landscaping Requirements). Additional de- velopment requirements are given in the sections following Table 17.24.020 . Development in any of the zones shall follow the requirements of this title, including, but not limited to, parking, lighting, landscaping, signing, operation and entitlement. All construction must be performed within the hours allowed by Chapters 15.26 and 17.53. 727 Table 17.24.020 DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R-ZONES Table 17.24.020 DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R-ZONES General Require- ments O-S A-E R-A R-L R-E R-1 R-2 R-3 SP, TPD A. Density— Maximum dwelling units per gross acre 1,2 1 du/10 acres 1 du/40 acres 1.0 3.0 3.0 8.0 24.0 32.0 By permit B. Net lot area, min- imum (in square feet unless noted) 1,2 10 acres 40 acres 1 acre 14,500 14,500, 5,000 5,000 5,000 By permit C. 1. Lot width min- imum (in feet) 110 110 100 80 80 50 50 50 By permit C. 2. Cul-de- sac or odd- shaped minimum lot width (in feet) 30 30 30 30 30 30 30 30 By permit C. 3. Flag lot “pole” front set- back (in feet) 20 20 20 20 20 20 20 20 By permit D. Lot depth minimum (in feet) 150 150 100 100 100 60 60 60 By permit E. Front yard and set- back (in feet)3 20 20 20 20 20 20 20 20 By permit F. Side yard setback, interior side (in feet)3,4 10 10 5 5 5 5 5 5 By permit 728 G. Side yard setback, street side (in feet)3,4 10 10 10 10 10 10 10 10 By permit H. Rear yard setback (in feet)3,4 15 15 15 15 15 15 15 15 By permit I. Lot cover- age, max- imum (in percent- age)3 20 10 35 35 35 50 50 60 By permit J. Building and struc- ture height, maximum (in feet) 35, with no limitation as to the number of stories so long as the height is not exceeded By permit Notes: 1 Where R-1 zoned parcels have a Neighborhood Mixed Density (NMX) General Plan land use des ignation, hous- ing units can be clustered in a mix of residential building types of densities up to 24 du/ac, as long as the density of 8 du/ac is not exceeded cumulatively for the site. The ability to cluster housing units in excess of 8 du/ac on any individual parcel is contingent upon the approval of an area plan inclusive of all adjoining parcels designated NMX that depicts how residential density will be distributed so as not to exceed 8 du/ac cumulatively. In instanc- es where individual building densities exceed 8 du/ac, the development standards associated with the R-2 zone shall apply 2.Required net lot areas in the R-E, and R-1 zones are reduced by fifty percent (50%) when the property owner has executed an affordable housing agreement with the city to guarantee housing will be affordable to very low- or lower-income households or to senior citizens in accordance with the provisions of Chapter 17.64 of this title. 3.See Section 17.24.025(A)(6) for exception. See Section 17.44.040(F) for exception. 4.Two (2) story residences with windows facing the adjacent property shall have a minimum ten (10) foot side yard setback (second (2nd) story only) and a twenty (20) foot rear yard setback (second (2nd) story only) from the adjacent property line. A second-floor elevation that only features clerestory windows shall not be subject to this provision 5. In the case of odd-shaped lots, the Community Development Director shall determine the required yards, ref- erencing typical rectangular lots in the district in which such odd-shaped lot is located. In no case shall such de- termination constitute a variance from the standards of the zoning district. 729 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 re- quired street width if said street is proposed to be private or is now a private street. 2. Curved Street Setbacks. Each lot or parcel on a cul-de-sac, curved street or dead-end street shall meet the mini- mum lot width requirement at the required front setback of the zone. The setback is measured alon g the perpendicular taken from the front radiused property line (see example below) 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 th e side yard and rear yard areas. 5. Irregularly Shaped Lots. In situations where a single-family residential lot is so irregular, as to prohibit or unduly restrict the construction of a single-family home, within the required setbacks noted in this title, the community develop- ment director shall have the authority to alter the setback locations, i.e., front, side and rear yards, to enable the property owner to enjoy the same privileges as those enjoyed by other property owners in the same area. 6. Side Entry Carports and Garages. In the R-1 and R-2 zones, front setbacks for side entry carports or g arages 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 th e requirements for location of the main structure as constructed or required by the zone, whichever is less restrictive; except as provided in this sub- section: a. A detached accessory structure shall meet the setback requirements of the main buil ding 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 struc- ture is located no closer than three feet to an interior side or rear lot line, a maximum of 12 feet h igh, and is at least six 730 feet from the main structure unless additional fire-resistive construction is provided in accordance with Chapter 15.08, Building Code. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar u ses, provided the projected roof area does not exceed 120 square feet and the height of the structure does not exceed 12 feet may be located anywhere on a single-family residential lot, except within the front and street side yard areas, provided the eaves do not overhang adjacent property c. Swimming pools and spas, including diving boards and slides and similar devices, shall be located a minimum of three (3) feet from the main structure, within five (5) feet of the rear and side property lines and shall comply with all fencing requirements of Chapter 15.04 (Building Code) and Section 17.24.030. In no instance shall swi mming 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 y ard; provided, that portions of such structures ex- tending into the yard: i. Shall not exceed 15 feet in height or project closer than five (5) feet to an interior side yard or closer than ten (10) feet at the rear lot line; ii. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns, or patios and canopies using two (2) or three (3) sides of an existing residence, in which case the remaining side(s) must be entirely open with no obstructions. A roof connecting a main building and an accessory building shall be open on two sides. e. Architectural features, including but not limited to covered porches, steps, eaves, awnings, chimneys, balconies, stairways, wing walls and bay windows, may project not more than two and one-half (2 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 mu st be at least 10 feet from the main structure and three feet from interior side and rear property lines. g. Heating and cooling and other mechanical equipment, including pool equipment, air conditioners, and necessary appurtenances shall be a minimum of three (3) feet from any side or rear lot line, screened from public view and meet noise requirements set by Chapter 17.53 of the Moorpark Municipal Code. h. Uncovered porches, plat- forms, or landings that do not extend above the floor level of the first fl oor of the main structure may extend into re- quired setback areas not more than six (6) feet. i. Safety guard railings required for stairs, landings, porches, and depressed ramps may encroach into front, side or rear setback areas, provided they are open and do not exceed forty-two (42) inches in height. j. Decks on the second (2nd) floor of a home shall be at least ten (10) feet from t he 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 b uildings, except pa- tios, patio covers that are open on no less than three (3) sides, pools, spas, and freestanding open-air gazebos shall not be counted as lot coverage. C. Onsite residential amenities. Multi-family residential developments consisting of 10 or more units, shall provide the following: 1. Onsite recreational and resident amenities that equal at least 100 square feet per r esidential unit. Such amenities may include, but are not limited to swimming pool, playground, fitness room, community ro om, BBQ area, outdoor seating area within a landscaped area, or other amenity as approved by the entitlement review body. Walkways an d general landscape areas are not considered part of onsite residential amenities. 2. Onsite publicly accessible areas equal to at least 15% of the project’s net lot area but shall not be required to exceed 10,000 square feet or be required on lots of 20,000 square feet or less. These areas shall be located adjacent to, and accessible from, a public right of way. They shall be contiguous to each other on the project site. The shortest dimen- sion of these areas shall be a minimum of 15 feet. This area shall be privately maintained by the owner(s) of the resi- dential development but shall remain publicly accessible and available for public use from 8:00 a.m. to 8:00 p.m. each 731 day, except as otherwise provided by the project conditions or specific agreement for this use between the property owner and the City. The publicly accessible amenities required in these areas shall be those intended for public gather- ing, landscaped seating areas, or other amenities as approved by the entitlement review body. D. Additional onsite residential features required for all multi-family residential developments shall include: 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 cubic feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential unit. The stor age area is intended to allow for storage of personal items, such as bicycles, tools, outdoor furniture, etc. 3. Private or semi-private outdoor patio, porch, yard or other private or semi-private space shall be provided to each residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities such as outdoor dining or gathering and shall be accessible directly from the residential unit. 4. Deviations from the requirements 1-3 above may be considered by the Community Developmen t Director where strict conformance is infeasible. Outdoor patios are not intended for storage. E. Miscellaneous. 1. Utility Connections. All utility connections shall be designed to coordinate with the arch itectural 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 wi th the National Flood Insurance re- quirements and Chapter 15.24 of the Moorpark Municipal Code. 3. Architectural Appurtenances. Steeples, institutional symbols, bell towers, clock towers or other similar architec- tural appurtenances on institutional buildings in the agricultural, open space, and residential zones may exceed the max- imum height of thirty-five (35) feet. Proposals for such appurtenances, however, shall be evaluated on a case-by-case basis in conjunction with the required permit for the proposed use so that architectural compatibility and appropriate building scale for the neighborhood is achieved and maintained. 4. Residential Roof Replacement. Existing concrete or clay tile roofs on homes located on properties abutting arte- rial roads as shown in the circulation element of the general plan may only be replaced with roofing of a color and ma- terial compatible with neighborhood as determined by community development director. 5. Garage Conversions. Conversions of existing garages into habitable space is permitted only when replaced with the equivalent covered parking as required by Chapter 17.32 unless otherwise allowed pursuant to Section 17.28.020.G for accessory dwelling units. 6. Antennas, Ground-Mounted. Ground-mounted citizens’ band and amateur radio transmitting and receiving an- tennas, intended for private, noncommercial use accessory to a dwelling, may be erected up to a maximum hei ght of forty (40) feet. Ground-mounted antennas may be erected above the height limit of forty (40) feet, under the permit prescribed by this title, provided that no antenna or mast shall exceed seventy-five (75) feet in height, and the design of such antennas shall be in accordance with Section 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. 8. Windows, metal roofing, and similar exterior metal architectural features shall not be mirror finish, reflective, glossy, or polished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adja- cent properties. 17.24.025 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). 732 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 require- ments of subsection A of this section shall be met. C. Fences and walls may be allowed in required front yard area up to six (6) feet in height; however, the last three (3) feet of the fence or wall shall be constructed of visually open and decorative fencing (at least seventy-five percent (75%) open, see below), unless the wall is a retaining wall or additional height is approved for noise attenu ation pur- poses. D. Within the R-1 and R-2 areas of the downtown specific plan and in the area north of Los Angeles Av enue be- tween Moorpark Avenue and Spring Road south of High Street, fences and walls may be allowed in the required front yard setback area up to six (6) feet in height; however, the last two (2) feet of the fence or wall shall be co nstructed of visually open and decorative fencing (at least seventy-five percent (75%) open, see below), unless the wall is a retain- ing wall or additional height is approved for noise attenuation purposes. E. A solid wall or fence not more than six (6) feet in height may be maintained alo ng 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 re- quired by the city and as provided in this chapter. F. Visual /Sight Distance - A wall or fence or landscape area adjacent to a drivewa y or street or public sidewalk providing vehicular access to an abutting lot or street shal l not exceed three feet in height within 15 feet of the intersec- tion of the driveway and the street right-of-way and/or shall comply with Caltrans design standards f or site visibility as adopted by the city. Landscaping within the sight distance triangle shall be maintained below three feet and the bottom of a tree canopy shall be at least eight feet above the ground. Final determination shall be by the community deve lop- ment director. Corner cut-offs may be required for safety and visibility (see example be low). 733 G. Walls and fences in street yard frontages or visible from the street shall be constructed out of durable, substan- tial, 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. Chain-link or similar material fencing up to twelve (12) feet high, with wind screening shall be permitted for tennis/recreation courts so long as such fencing is lo- cated 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 co ncertina 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 pro perty lines, which are adjacent to an arterial or collector road, may be allowed to increase the 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 ac- cordance with the methods of construction which conform to the requirements of Chapter 15.08, Building Code. Addi- tionally, they shall be maintained in a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed. 17.24.030 17.24.035 Commercial, industrial and special purpose one development requirements. Table 17.24.035 indicates the minimum development requirements for buildings and accessory structures in the commercial, industrial and special purpose zones with respect to lot area, setback, height and building coverage unless indicated otherwise. Minimum lot area (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 se tbacks shall be landscaped except for required walkways and driveways. No parking shall be permitted in an y setback area except when on a driveway. Additional develo pment re- quirements are given in the sections following Table 17.24.035. Development in any of the zones sh all follow the re- quirements of this title including, but not limited to, parking, lighting, landscaping, signing, operation and entitlement. All construction must be performed within the hours allowed by Chapters 15.26 and 17.53. 734 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 I A. Floor Area Ratio, max- imum (the ratio of gross floor area to the gross project site) 0.50 0.35 0.38 0.502 1.0 1.0 1.0 By permit B. Lot area, minimum (in square feet) 4 None None None None None 10,000 10,000 By permit C. Front yard setback (in feet)1,4 20 except when next to a 4 or 6 lane road, then 30 20 ex- cept when next to a 4 or 6 lane road, then 30 0 20 ex- cept when next to a 4 or 6 lane road, then 30 15, except when next to or across the street from R zone, then 30 20, except when next to or across the street from R zone, then 30 20, except when next to or across the street from R zone, then 30 By permit D. Interior side yard set- back (in feet) 4,5 5 5 0 5 5 ex- cept when next to R zone, then by permit 5 ex- cept when next to R zone, then by permit 5 except when next to R zone, then by permit By permit E. Street side yard set- back (in feet) 4 5 except when next to a 4 or 6 lane road, then 10 5 ex- cept 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 ex- cept when next to R zone, then by permit 5 ex- cept when next to R zone, then by permit 5 except when next to R zone, then by permit By permit F. Rear yard setback (in feet)4 5 10 unless next to C or M zone, then 0 10 un- less next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 un- less next to C or M zone, then 0 10 un- less next to C or M zone, then 0 10 un- less next to C or M zone, then 0 10 unless next to C or M zone, then 0 By permit G. Setback (in feet) from 30 feet 30 feet 30 30 feet 30 feet 30 feet 30 feet By permit 735 General Requirements1 C-O C-1 C-OT C2, CPD I-F M-1 M-2 I residential zone (O-S, A-E, R-A, R-E, R-L, R-1, R-2, R-3 zones) feet H. Building and structure height, maximum3 (in feet) 25 35 35 By per- mit 30 30 30 By per- mit I. Parking shall meet the requirements of Chapter 17.32 J. Signage shall meet the requirements of Chapter 17.40 K. Lighting shall meet the requirements of Chapter 17.30 Notes: 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 arteria l 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 distrib ution/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. 4. See Section 17.44.040(F) for exceptions. 5. Properties located adjacent to railroad property shall provide a minimum rear or sideyard setback of 10 feet. In the case of odd-shaped lots, the Community Development Director shall determine the required yards, referencing typical rectangular lots in the district in which such odd-shaped lot is located. In no case shall such determination constitute a variance from the standards of the zoning district. 17.24.040 Commercial, industrial and special purpose zones property development standards—Additional requirements. In addition to the standards of Chapter 17.36, the fo llowing standards shall apply: A. Vehicular Access. Each building site shall have a minimum twenty-five (25) foot wide vehicular access to a public street. B. Architectural Appurtenances. Clocks, tower elements, and similar ornamental design elements on structures, may exceed the maximum height identified in Table 17.24.035, provided, the additional height does not create addi- tional floor area. Such appurtenances may stand no taller than 15 feet above the maximum allowed height in the zone. Height beyond such limit for appurtenance structures may be considered with a Conditional Use Permit, provided the maximum height of the structure does not exceed 60 feet. C. Windows, metal roofing, exterior metal architectural features shall not be mirror finish, reflective, glossy, or pol- ished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adjacent properties. D. Landscaping. All planting and irrigation shall be in accordance with the city’s Landscape Manual. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris. E. Masonry Walls and Landscape Screens. Wh ere a commercial or industrial development abuts property in any lower density residential zones (O-S, A-E, R-A, R-L, and R-E), a masonry wall, solid fence, or equivalent noise attenu- ation structure, a minimum of six (6) feet in height from the highest finished grade at the property line shall be erected and maintained between such uses and the residential zone. 736 F. Mechanical Equipment—Screening and Noise Attenuation. All mechanical equipment shall be architecturally screened from view and isolate noise at the property line between adjacent uses. When ground-mounted mechanical equipment is used including, but not limited to heating and air conditioning units, such equipment shall be completely screened from surrounding properties by use of a wall o r fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the community devel- opment director and building official. G. Roof Appurtenances—Screening. All roof appurtenances including, but not limited to, air conditioning units, roof access ladders, and mechanical equipment shall be located below the lowest roof parapet that exists on the build- ing to ensure that it is fully screened from view from on -site parking areas, adjacent public streets and adjacent residen- tially zoned property. H. Reciprocal Ingress, Egress, Parking and Drainage. Reciprocal ingress, egress, circulation, parking and drainage arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties as well as drainage. See Section 17.32.025 for further restrictions. I. Testing. Whenever there is a question of conformance with a performance standard of this section or a condi- tion of approval of the project, the property owner or operator shall engage the services of a qualified and or licensed professional for the type of testing needed. J. In all commercial and industrial zones, the conversion of the project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constrai nts of the existing development. In no case shall the requirements of the fire code, sign ordinance, an d screening standards of this section be waived. K. No outdoor paging systems or telephone bells or similar devices shall be used on commercial o r industrial properties which abut or are across the street from R-1, R-2, R-3, RE, RA, or RL, residentially or open space zoned properties. L. Street Improvements. No development shall occur on any property unless all street frontages that the property abuts or is adjacent to are fully improved according to adopted city street standards and consistent with the Moorpark general plan or will be improved to such standard as part of the project. M. Adult Business Minimum Location Requirements. In addition to meeting all requirements of Section 17.28.050 and all requirements of Chapter 5.18 of the Moorpark Municipal Code, an adult business may not be located: 1. 1. Within five hundred (500) feet of any property line that is zoned R-1, R-2, R-L, RE, RA or any residential struc- ture within another zone, whether inside or outside the city limits; and 2. Within five hundred (500) feet of any church, synagogue, mosque or other publicly recognized place of wor- ship, whether inside or outside of the city limits; and 3. Within five hundred (500) feet of any public or private school or childcare establishment, whether inside or outside the city limits; and 4. Within five hundred (500) feet of any public park or playground, or any city facility i ncluding but not limited to City Hall, the city library, and any police or fire station, as measured from the property line of said use; and 5. Within five hundred (500) feet of any property operating a business with a Type 40, 42, 48 or 61 on-site alco- holic beverage license; and 6. Within one thousand (1,000) feet of any other adult business whether inside or outside the city limits. The distances specified in this subsection will be measured in a straight line, without regard to intervening struc- tures, from the nearest point of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above. 17.24.040 17.24.045 Accessory structures in commercial, industrial, and special purpose zones. Accessory structures in commercial, industrial and special purpose zones shall be as follows: A. Accessory structures containing trash enclosures, mechanical equipment, storage or other similar structures shall not be located in front of or on the street side of the main building(s). 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 pro- ject not more than two and one-half (2 1/2) feet into any required front yard area, not more than four (4) feet int o any required rear yard area, and not more than two (2) feet into any required side yard setback area. 737 D. Outdoor swimming pools and spas shall be located a minimum of three (3) feet from the main structure. Exteri- or or interior walls and shall comply with all fencing requirements of Chapter 15.08 (Building Code) and the require- ments of Section 17.24.050. 17.24.050 Walls and fences in commercial, industrial and special purpose zones. Wall and fence requirements in commercial, indu strial 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) f eet in height. In the re- quired front or exterior side yard, where a retaining wall is used to increase usable lot area, a fence or wall not exceed- ing three (3) feet in height may also be erected; provided, that the fence or wall is set back a minimum of fi ve (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 e xceed 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, 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 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 feet and the bottom of a tree canopy shall be at least eight 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). D. Walls and fences in street yard frontages or visible from the street shall be constructed out of durable, substan- tial, and decorative materials. Fiberglass sheeting, bamboo sheeting or other similar nondurable materials are not per- mitted for fencing in street yard fron tages. 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 us ed material and in ac- cordance with the methods of construction which conform to the requirements of Chapter 15.08, Building Code. Addi- tionally, they shall be maintained in a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed. G. Barbed Wire Strands, Razor Wire or Concertina Wire (Coiled Barb ed Wire). Use of barbed wire strands, razor wire or concertina wire shall not be visible from a pu blic street and shall meet the following requirements: 738 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. 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. 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 othe rwise. Develop- ment in any of the zones shall follow the requirements of this title including, but not limite d to, parking, lighting, land- scaping, 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 A. Floor Area Ra- tio, maximum 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.0 B. Dwelling Units per Acre, maxi- mum 24 — 24 32 — 32 — 32 C. Dwelling Units per Acre, mini- mum (vertical mixed-use pro- jects have no minimum dwell- ing units per acre standard) 0 - 8 0 - 0 - 12 D. Front Yard Set- back (Min / Max) 0/5’ 0/5’ 0/10’ 0/5’ 0/5’ 0/5’ 0/5’ 0/10’ E. Setbacks for frontages along Moorpark Ave- nue and High Street 0/5’ 0/5’ 0/10’ 0/5’ 0/5’ 0/5’ 0/5’ 0/10’ 739 (Min / Max) F. Width of Front- age Building to Maintain Mini- mum setback2, 5 70% 70% 60% 75% 75% 80% 80% 75% G. Maximum Inte- rior side yard setback5(Min / Max) except where Fire De- partment access shall be re- quired, maxi- mum side yard setback shall be no less than re- quired by the Fire Department 0/15’ 0/10’ 0-15’ 0/0 0/0 0/15’ 0/10’ 0/15’ H. Min side yard abutting Non- Mixed Use Resi- dential Desig- nated Zones res- idential zones 5 15’ I. Street side setback (Min / Max)5 0/5’ 0/5’ 0/5’ 0/5’ 0/5’ 0/5’ 0/5’ 0/5’ J. Min Rear yard setback5 except where Fire De- partment access shall be re- quired, maxi- mum side yard setback shall be no less than re- quired by the Fire Department 10’ 0 10’ 10’ 0 10’ 0 10’ K. Min Rear yard setback abutting Non-Mixed Use residential 15’ 740 zones5 L. Building and structure height, maximum 3, 4 3-stories and 40’ M. Minimum step- back above 28- foot building height 4, 5 Minimum 10-foot stepback above 28-foot building height shall be applied to the following: • Along primary street frontage. • Along property lines that are adjacent to Non-Mixed Use Residential Designated Zoned properties. See Figure 17.24.060 and Section 17.24.060(B). N. Parking re- quirements See 17.32.020 O. Signage re- quirements See 17.40 P. Lighting re- quirements See 17.30 Q. Storefront Transparency See 17.24.060(F) R. Minimum Land- scaping Re- quirement 15% S. Minimum Ground Floor Commercial Re- quirement for mixed-use pro- jects 10% or 1,500 gross sq. ft. of ground floor per project site, whichever is less. Shall not apply to residential only projects. T. 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 a maximum of sixty (60) feet and may exceed three (3) stories) with approval of a condi- tional use permit. 4.For purposes of stepbacks, the maximum height of a story shall be 14 feet. A single-floor building, measuring more than 14 feet in height shall be accounted as additional stories for each additional 14 feet. For examp le, a 28-foot-tall single floor building would qualify as two stories in the mixed-use zones, therefore the structure above 28 feet would be required to stepback. 5.See Section 17.44.040(F) for exceptions. 741 Figure 17.24.060 – Stepback Example, Frontage and Street Side Figure 17.24.065 – Stepback Example, Adjacent to Residential Lots 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 pedestr ian orientated activi- ties for adjacent uses. 742 3. The Director may approve a greater street level building activity setback by zoning clearance for the remaining per- centage of the property frontage after the building percentage in Table 17.24.55(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 not be permitted and the stepback area shall not be used for seating or out- side activity. ii. No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the ground. 2. Residential stepback area fronting a street or residential use. i. The wall or railing shall be at least 42 inches in height and be solid to prevent views onto the stepback area from the ground. ii. No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the ground. iii. Units that open onto the stepback area shall have an accessible outdoor storage area of at least 128 cubic feet with a closeable solid door. iv. Balconies open on at least two sides may project into the stepback area provided the balcony is at least five feet from the side property line. C. Facade Modulation. Buildings over two stories or over 30 feet in height shall have the following: 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. D. Blank Wall Elevations. Blank walls, including walls distinguished only by changes in color, are prohibited. Build- ings shall carry the same architectural treatment as to form and massing, roof design, wall and window desig n, and ma- terials and colors on all elevations visible to the public. E. Building Entries. Building entries shall be designed to create landmark visual reference points and emphasize the importance of the building entrance by compliance with the following standards: 1. Non-Residential Building Entries. The following standards apply to all ground floor , non-residential portions of a street- or publicly accessible open space-facing elevations of a building. For non-residential uses, the primary entrance of a building is defined as the door or doors which provide public access to a lobby or ground floor occupancy. i. Primary entries shall be directly accessible from the public street frontage or open space. Primary entrances that front publicly accessible open spaces shall have direct sightlines and a path of continuous and unobstructed pedestrian access to street frontage. ii. Primary non-residential use entrances shall not be located facing an alley, parking, or service driveway. iii. For lobbies, a recess or projection shall have a minimum of four feet depth to delineate the building lobby from the balance of the facade. 2. Residential Building Entries. The following shall apply to the ground floor residential portions of street - or publicly accessible open space-facing facades of residential buildings or residential portions of a mixed-use building. For resi- dential uses, the primary entrance of a building is defined as a door or doors that provide primary access to a ground - floor residential lobby and/or individual entries are permitted for private residential units. Residential buildings lobbies shall be located at the ground floor and accesses directly from public street frontage or publicly accessible open space. Primary entrance(s) that front pu blicly accessible open spaces shall directly have sight- lines 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. 743 iii. Individual residential entries are permitted to be accessed directly fro m the street frontage subject to a minimum walkway, ramp, and/or stairs width of four feet for single uni t entries. iv. Entry porches, stoops, and terraces, not including stairs, shall be a minimum of 20 square feet. F. Accessory Structures in Front/Side Setback. i. Accessory structures shall not be allowed in front or side yard setbacks required in Table 17.24.055. ii. Balconies, decks, pergolas, trellis, or similar features shall not extend beyond the lower face of the lowest story. G. Storefront Transparency 1. Facades that face the street or publicly accessible space are required to provide a minimum of 75 percent transparen- cy along the frontage. 2. No dark-tinted or opaque glazing that results no less than 88 percent light transmission is permit ted for wall open- ing (i.e. doors and windows) along the street level. Mirrored or applied films that create mirrored windows and curtain walls are prohibited. H. Roof Appurtenance and Mechanical Equipment Screening. All roof appurtenances including, but not limited to, air conditioning units, roof access ladders, and mechanical equipment shall be located below the lowest roof parapet that exists on the building to ensure that it is fully screened from view from on -site parking areas, adjacent public streets and adjacent residentially zoned property. When ladders or other emergency access equipment is require d above the roof parapet, such equipment shall be painted or treated to be match the structure for screening purposes. When ground- mounted mechanical equipment is used includ ing, but not limited to heating and air conditioning units, such equipment shall be completely screened from surrounding properties by use of a wall or fen ce or shall be enclosed within a build- ing. Structural and design plans for any required screening und er the provisions of this section shall be approved by the community development director and building official. I. Mirror Finishes. Windows, metal roofing, and similar exterior metal architectural features shall not be mirror finish, reflective, glossy, or polished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adjacent properties. J. Onsite residential amenities. Multi-family residential developments, consisting of 10 or more units, shall provide the following: 1. Onsite recreational and resident amenities that equal at least 100 square feet per residential unit. Such amenities may include, but are not limited to swimming pool, playground, fitness room, community room, bbq area, outdoor seat- ing area within a landscaped area, or other amenity as approved by the entitlement review body. Walkways and general landscape areas are not considered part of onsite residential amenities. 2. Onsite publicly accessible areas equal to at least 15% of the project’s net lot area but shall not be required to exceed 10,000 square feet or be required on lots of 20,000 square feet or less. These areas shall be located adjacent to, and accessible from, a public right of way. They shall be contiguous to each other on the project site. The shortest dimen- sion of these areas shall be a minimum of 15 feet. This area shall be privately maintained by the owner(s) of the resi- dential development but shall remain publicly accessible and available for public use from 8:00 a.m. to 8:00 p.m. each day, except as otherwise provided by the project conditions or specific agreement for this use between the property owner and the City. The publicly accessible amenities required in these areas shall be those intended for public gather- ing, landscaped seating areas, or other amenities as approved by the entitlement review body. K. Additional onsite residential features required for all multi-family residential developments shall include: 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 cubic feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to allow for storage of personal items, such as bicycles, tools, outdoor furniture, etc. 3. Private or semi-private outdoor patio, porch, yard or other private or semi-private space shall be provided to each residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities 744 such as outdoor dining or gathering and shall be accessible directly from the residential unit. Outdoor patios are not intended for storage. Deviations from the requirement 1-3 above may be considered by the Community Development Director where strict conformance is infeasible. 17.24.065 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 estab- lished regional share of housing needs, and implement the goals and objectives of the General Plan and the Housing Element. A. Applicability. The provisions of this Chapter shall apply to all Residential Development, as defined in subsection A of this section, except for any Residential Development determined to be exempt under 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 exceed s 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 b ased 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 Inclu- sionary Units upon the same site as the Residential Development. D. Number of Inclusionary Units Required for For-Sale Residential Developments. For-Sale Residential Development projects of 15 or more Dwelling units shall provide 15% of the total units of a Residential Development and satisfied by designating 7% for Low Income Household and 8% for Moderate Income Household. For residential developments of between 10 and 15 units, a single inclusionary unit shall be required and can be either very low or low income. E. Number of Inclusionary Required for Rental Residential Developments. Rental Residential Development projects of 15 or more Dwelling Units shall provide 15% of the total units available at Affordable Rent and satisfied by designated 7% for Extremely Low-Income Households and 8% Very Low-Income Households. 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 1.52 745 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 Notes: *The additional unit shall be either Extremely Low or Very Low Income. †Projects greater than 30 units shall apply the unit percen tage 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 Residen tial Development, frac- tions greater than one-half shall be rounded up to the next highest whole number, and fractions of one-half or less than one-half shall be rounded down to the next lowest whole number. G. In-Lieu Fee Compliance Alternative. Inclusionary housing requirement may be satisfied by the payment of a fee to the City in lieu of constructing the inclusionary units within the Residential Development, provided that such fee is received by the City prior to the issuance of the building permits for the first market rate unit in the Residential Devel- opment, or as described in the project’s conditions of approval. The amount of in -lieu fees shall be established by the City Council in its annual resolution establishing municipal fees and charges, o r 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 modi- fied by the City Council, will occur when the city conducts its annual update of the municipal fee schedule. H. Inclusionary Fee Fund. The in-lieu fees collected shall be deposited into an affordable housing inclusionary fund. The fund shall be used exclusively for the provision of affordable housing and for reasonable costs associated with the development, maintenance and oversight of such housing. The fund incl udes in-lieu fees as well as other funds availa- ble to the city for exclusive use for the provision of affordable hou sing. I. Standards of Inclusionary Units. 1. Inclusionary units shall be dispersed throughout the project. 2. The number of bedrooms and bathrooms in inclusionary units shall be provided in approximately the same propor- tion as the market rate units in the residential development. 3. 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. 4. Inclusionary units shall comply with all applicable development standards. 5. Inclusionary unit residents shall have equivalent access to use of all on-site amenities. 6. Inclusionary units shall be maintained to the same standard as market rate units. 746 7. Developer shall actively market the affordable units (both for for-sale and rental units) to eligible households con- currently with the market rate units, consistent with the City’s Affordable Housing Policies. 8. Inclusionary units in a residential develop ment shall be constructed concurrently with, or before, the construction of the market rate units. If the City approves a phased project, th e required inclusionary units shall be provided propor- tionately within each phase of the residential project. J. Continuing Affordability Agreement and Duration. The property owner shall record an Affordable Housin g Agree- ment deed restriction for both For-Sale and Rental units against the property reserving the extremely low, very low, lower, and / or moderate-income units at the applicable affordable housing cost for a minimum of 55 years from the date of issuance of a certificate of occupancy. The form of the deed restriction shall be consistent with the City’s Af- fordable Housing Policies. K. Monitoring of Compliance. Owners of Residential Development projects shall submit compliance reports to the City at least once every year and the City may conduct periodic on-site audits to ensure compliance with all applicable laws, policies, and agreements. The City Council may adopt fees for the costs of monitoring and compliance by the City, which shall be deposited into the affordable housing inclusionary fund for that purpose. Chapter 17.28 STANDARDS FOR SPECIFIC USES Sections: 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 Chain stores and aesthetics on High Street. 17.28.100—17.28.110 Reserved. 17.28.120 Temporary filming. 17.28.130 Outdoor sales and services—Temporary. 17.28.135 Outdoor dining. 17.28.140 Christmas tree sales. 17.28.150 Temporary buildings during construction. 17.28.160 Storage of building materials—Temporary. 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 t o the required standards and regula- tions which apply to specific uses as listed in Sections 17.20.050 and 17.20.060 of this title. 17.28.020 Standards relating to dwellings. A. Antennas—Ground-Mounted. No antenna or mast shall exceed seventy-five (75) feet in height. The crank-up variety antennas shall be used. All units are encouraged to be color-coordinated to harmonize with predominant struc- tural background material, so as to reduce visual impacts. Where feasible, support stru ctures shall be screened from 747 public view. The most unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to main or accessory buildings in order to provide background screening for the support structure. The height, nature, tex- ture and color of all materials to be used for the installation, including landscape materials, shall be submitted with the permit application. B. Home Occupations and Garage Sales. 1. Home Occupation Requirements. A home occupation is the interior and incidental use of a dwelling, in all resi- dential zones and in the residential portion of specific plans, for business purposes with a valid home occupation permit meeting all of the requirements of this section. a. Application. An application for a home occupation permit shall be filed with the community development direc- tor on forms prescribed by the community development director along with the fee established by city council resolu- tion. b. Approval Criteria. The community development direct or shall approve an application for a home occupation permit that meets the following criteria: i. The applicant shall be the homeowner, or in the case of a rental housing unit, the applicant shall provide a signed owner’s statement that the proposed home occupation is allowed under the rental agreement. ii. Accessory structures shall not be used for home occupation purposes. iii. Persons other than residents of the property shall not be engaged on the property in the home occupation. iv. The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the zoning district in which it is located. v. Customer services or sales of goods, wares or merchandise on-site shall not be permitted, except by mail or electronic communication. Instruction, tutoring or teaching of a maximum of three (3) students per session and/or six (6) students per day, whichever is more restrictive shall be allowed. The community development director may make allowances for single events having more than the maximum of six (6) students per day and/or three (3) students per session. vi. Commercial vehicles, having a specific manufacturer’s gross weight rating of ten thousand (10,000) pounds or more in connection with the home occupation, shall not be permitted as limited by Section 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 equip ment 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, co nstruction, smoke, dust, fumes, odors, glare, lighting, noise or vibrations, that alter the residential character of the dwell ing, or unreasonably disturb the peace and quiet of the sur- rounding area shall not be permitted. xi. The home occupation shall be limited to a maximum of ten percent (10%) of the gross floor area of the resi- dence, or one hundred fifty (150) square feet, w hichever is greater. Related materials and supplies shall be stored only in the designated area approved by the community development director. No structural alterations shall be permitted within the dwelling unit to separate any area used for a home occup ation from the dwelling space. No area used for a home occupation shall be subleased or rented to another party. xii. A valid city business registration permit or license shall be required. xiii. There shall be no storage of flammable, toxic, hazardous, combustible materials indoors or outdoors, including, but not limited to, gasoline, solvent or gun powder for purposes beyond those normally used for normal household pur- poses. xiv. The garage, carport or accessory structures shall not be used for home oc cupation 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. 748 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 d in the home occupation permit, the home occupation permit at the ap- proved address shall be valid until six (6) months after the use for which the permit was issued has ceased or until the permit is revoked. e. Revocation of Permit. A home occupation permit may be revoked pur suant to the revocation provisions of Chapter 17.44 of this title if the community development director makes any of the following findings in addition to any of the findings for revocation in Chapter 17.44 of this title and notifies the applicant in writi ng: i. A condition of the home occupation permit has been violated; ii. The use has become detrimental to the public health, welfare and s afety; is resulting in a significant traffic im- pact or constitutes a nuisance; iii. The home occupation permit was obtained by misrepresentation or fraud; iv. The use for which the home occupation permit was granted has ceased for six (6) months or more; v. The use for which the home occupation permit was granted has become nonconforming due to a change in the municipal code and a reasonable period of time, as determined by the community development director, has elapsed to allow for the termination or relocation of the use. In the event of a conflict between the findings and provisions of this section with respect t o 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, moni- tor 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, howev- er, a fourth (4th) sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the community development director. A minimum of five (5) days m ust pass between individual sale events. No single sale event shall be conducted for longer than three (3) consecutive days. Garage sales sh all not be held for more than two (2) consecutive weekends. Garage sales shall be co nducted 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 o r 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 pe rmitted. 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 coordinated by residents or sponsored by a local homeown- er’s association, may be permitted up to two (2) times per c alendar year and shall comply with all other requirements for garage sales. f. The conduct of general retail sales or commercial activitie s in residential zones, except as is otherwise expressly authorized under Chapter 17.04 of this code, shall be prohib ited. C. Mobilehomes and Manufactured Housing. 749 1. Mobilehome Construction. Mobilehomes may be used as single-family dwellings if the mobilehome was con- structed on or after June 15, 1976. Mobilehomes used as second dwellings are subject to this date limit ation. 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 si ngle-family dwelling shall extend to the ground level, or to the top of the deck or structural platform where the dwelling is supported on an exposed pile foundation complying with the require- ments of Sections 2908 and 2909 of the Uniform Building Code, or to the top of a perimeter foundation. For mo- bilehomes used as caretaker or farm worker dwellings, manufactured mobilehome skirting shall completely enclose the mobilehome, including the tongue, with a color and material that will be compatible with the mobilehome. The siding shall be covered with an exterior material customarily used on conventional dwellings and approved by the department of community development. 4. Site Plan and Elevations. The site plans and elevations of the proposed housing unit are subject to r eview and approval of the department of community development. Applicants are required to submit designs which are in keeping with the overall character and quality of the neighborhood and community. 5. Roof Pitch. The mobilehome or manufactured housing unit shall have a roof with a pitch of not less than two (2) inches of vertical rise for each twelve (12) inches of horizontal run and consisting of shingles or other material cus- tomarily used for conventional dwellings and approved by the department of community d evelopment 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 nece ssary to make it com- patible with the dwellings in the area. D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A mobilehome or re crea- tional vehicle may be used for living purposes for a twelve (12) month period by the owner(s) of a lot for which a building permit has been issued, is in full force and effect on the same site, and construction is underway. The commu- nity development director may grant one (1) additional twelve (12) month time extension if substantial progress toward construction of the principal residence is being made. The mobilehome or recreational vehicle shall be connected to the permanent water supply and sewage disposal system approved by the Ventura County environmental health division for the structure under construction. Within forty-five (45) days after the issuance of a zoning clearance for occupancy, the mobilehome or recreational vehicle shall cease use as a dwelling, be disconnected from such systems and shall be removed from the site. A temporary mobilehome or recreational vehicle may be accessory to construction on adjacent lots under the same ownership as the lot on which the mobilehome or re creational vehicle is installed. In no case shall the mobilehome or recreational vehicle be rented, leased or otherwise occupied by a non-owner of the lot. A bond or cash deposit shall be required in the amount to cover removal of the temporary mobilehome prior to receiving city ap- proval for the placement of the temporary dwelling. The amount of the deposit shall be determined by the c ommunity 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 s maller, 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. 750 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 appli- cant; b. Items used periodically or continuously on the propert y by the resident(s) thereof, such as outdoor furniture, trash cans or barrels, equipment for maintenance of the prop erty, outdoor cooking equipment, and recreational equip- ment, accessory to the principal use; c. One (1) cord (one hundred twenty-eight (128) cubic feet) of firewood, if stored in a neat and orderly manner in one (1) location on the lot. G. Accessory Dwelling Unit. 1.Standards and Requirements. An accessory dwelling unit (ADU) requires approval of a zoning clearance, and compliance with Government Code Sections 65852.150 - 65852.26 (as may be amended by the State of California) and applicable development standards identified in this Chapter. H. Two-Unit Residential Developments 1. Purpose and Applicability. The purpose of this Chapter is to establish standards for Two-Unit Developments to ensure compliance with California Government Code Sections 65852.21 and 66411.7, otherwise known as Senate Bill 9, while minimizing impacts to surrounding uses and properties. Two-unit developments, referred to as housing developments contains no more than two r esidential units and as de- fined by California Government Code 65852.21, are permitted in the O -S, A-E, R-A, R-E, R-L, and R-1 single-family residential zones. 2. Review authority. Applications for two-unit developments shall be considered ministerially, without discretionary review or a hearin g, subject only to the permit requirements applicable to the new construction or alteration of residential dwellings, includ- ing but not limited to zoning clearance and building permits. 3. . Requirements. . Location. A parcel for a two-unit development or Urban Lot Split shall: a. Not be located within a Very High Fire Hazard Severity Zone, unless the project site otherwise satisfies the require- ments specified in subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of section 65913.4 of Cali- fornia Government Code; b. Not be located within a mapped 100-year floodplain, wetland, recorded open space easement, mapped creek or river, regulated floodway; c. Either prime farmland or farmland of statewide importance; d. Not be located within a designated hazardous waste site; e. Not be located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district; f. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless standards can be achieved as described in Government Code Section 65913.4 (6)(F); g. Not be located on lands identified for conservation in an adopted natural commu nity conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S .C. Sec. 1531 et seq.), or other adopted natural resource protection plan; or h. Not be located on land protected by a conservation easement. 4. .Eligibility. A parcel is not eligible for a two-unit development if the project would require demolition or alteration of: 751 a. More than 25% of the exterior walls of a unit that is occupied by a tenant or has been occupied by a tenant at any time in the previous three years; b. Housing that is subject to a recorded covenant, ordinance, or law that restricts re nts to levels affordable to persons and families of moderate, low, or very low income; c. Housing that is subject to any form of rent or price control; and d. A parcel containing a unit that was withdrawn from the rental market through an Ellis Act eviction at any time in the last 15 years. 5. . Development standards. Development pursuant to this Chapter shall comply with the following: a. Number of units. 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 sec- tion. Refer to Zoning Code Section 17.28.020 for additional regulations for ADUs or JA DUs. A maximum of two units may be located on a lot created through an urban lot split, inclusive of accessory dwelling units and junior acces- sory dwelling units consistent with Government Code Sections 65852.2 and 65852.22. 2. Urban Lot Splits. a. A maximum of two primary dwelling units of any kind may be constructed on any single-family lot established through an Urban Lot Split pursuant to Chapter 16.60 (Urban Lot Splits) of the Subdi vision Code. 6. Parking. One on-site covered parking space shall be required per unit. a. This requirement may be satisfied by an attached or detached carport or enclosed garage. b. Exceptions. No on-site parking shall be required when: i. The site is located within one-half mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code; ii. The site is located within one-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or iii. The site is located within one block of a permanently established car-share vehicle pick-up/drop-off location. c. Required parking spaces shall comply with the applicable standards of Chapter 17.3 2 (Off-Street Parking Require- ments). 7. Setbacks. a. The interior side yard and rear yard setbacks for two-unit developments shall be four feet. b. The front yard and street side yard setbacks for two-unit developments shall be as required by the Zone. c. Additional setbacks shall not be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstruct ed on the same footprint). d. Notwithstanding the above, an application shall not be rejected solely because it proposes adjacent or c onnected structures provided that the structures meet Building Code safety standards and are sufficient to allow separate convey- ance. 8. Additional requirements for two-unit developments. a. Unless otherwise specified in this Chapter, all development standards applicable to the construction of a single- family dwelling shall apply to two-unit developments, including but not limited to: i. Building height; ii. Number of stories; and iii. Lot coverage. 9. Applicable Chapters. The requirements of the following Chapters of this Title shall apply to two-unit developments: a. Chapter 17.20 – Uses by Zone; b. Chapter 17.24 – Development Requirements; 752 c. Chapter 17.28 – Standards for Specific Uses; d. Chapter 17.30 Lighting Regulations; and e. Chapter 17.32 – Off-Street Parking Regulations. 10. All other development standards contained within the Moorpark Municipal Code. 11. The application of any development standard that wo uld physically prevent the development of at least two primary dwelling units of at least 800 square feet shall be waived. No Var iance or other discretionary action shall be required. 12. Additional requirements for Urban Lot Splits shall be as set forth in Chapter 16.60 (Urban Lot Splits) of the Subdivision Code. 13. Design standards. a. Privacy. i. A minimum separation of 10 feet shall be provided between any detached dwellings on the site. ii. Windows within 30 feet of a neighboring structure on another parcel sh all not directly align with the windows of the neighboring structure. iii. Upper story unenclosed landings, decks, and balconies that face or overlook an adjoining property shall be located a minimum of 15 feet from the interior lot lines. b. Building height. Where any portion of the proposed construction consists of two stories or exceeds 16 feet in overall height, upper floors and the portions of the structure exceeding 16 feet in height shall comply with the minimum re- quired setbacks of the underlying zone. c. Materials. i. On sites already developed with an existing residential unit, the new construction shall be designed and constructed to match the existing dominant roof pitch, paint color and exterior finish materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and rail ings. ii. Where no development currently exists or where existing development is to be removed, two-unit developments shall be designed so that the units match one another in dominant ro of pitch, paint color and exterior building finishes, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings. iii. Design elements and detailing shall be continued completely around the structure. Such elements shall include but not be limited to window types and treatments, trim detailing, and exterior wall materials. iv. Window and door types and styles shall be consistent on all elevations. v. All vents, downspouts, flashings, electrical conduit, etc., sha ll be painted to match the color of the adjacent surface unless specifically designed as an accent material. vi. Exterior building lighting shall be directed downward, have a shielded light source , and be designed so that the light is not directed off site. d. Landscaping. i. Front and street side yard areas shall be fully landscaped pursuant to the requirements of Chapter 15.23 (Water Effi- cient Landscape Ordinance) and the City’s Landscape Standards and Guidelines. ii. A minimum of one 24-inch box tree of a broadleaf or evergreen species shall be provided on site per un it construct- ed. Palm trees or invasive trees shall not be considered to satisfy this requirement. iii. Complete landscaping and irrigation plans shall be submitted to the Planning Division prior to the issuance of build- ing permits. iv. Installation of approved landscaping shall be completed prior to release of final occupancy. e. Additional requirements. i. Short-term rentals. Units created pursuant to this Chapter shall be rented or leased for a term longer than 30 days. ii. Owner occupancy. 753 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 p roperty shall reside in one of the units as their principal residence. b) A deed restriction shall be recorded on title to the subject property binding current and future owners to this re- quirement. c) Owner occupancy requirements for two-unit developments constructed on lots established through an Urban Lot Split shall be as set forth in Chapter 16.60 of the Subdivision Code. iii. Nonresidential uses. Except for permitted home occupations and g arage sales pursuant to Chapter 17.28.020(B), non-residential uses shall be prohibited. 14. Noticing. a. The Community Development Department shall prepare a written notice to the record owners of all properties with- in 300 feet of the exterior boundaries of the property on which the development is proposed. b. The notice shall be mailed to the last known name and address of such owners as shown on the latest available equalized assessment roll of the County Assessor. Location map. The notice shall identify: i. The address and location of the property; ii. The nature of the proposed construction; iii. The anticipated start and end dates of construction; iv. Contact information for the Community Development Department; and v. The following statement: "This Notice is sent for informational purposes only and do es 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 req uirements. Approval of this project is final and not subject to appea l." c. The notice shall be sent no fewer than 14 days prior to the issuance of a building permit for the proposed two-unit development. 15. Variances. a. No variances from the provisions of this Chapter shall be permitted. b. Waiver of any development standard necessary to permit the minimum amount of d evelopment authorized by Cali- fornia Government Code § 65852.21 shall not require the granting of a Variance or any other discretionary approval. I. Severability. If any provision of this ordinance or chapt er or the application thereof to any person or circum stance 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 b e implemented without the invalid provision or application and to this end the provisions of this ordinance and chapter are declared to be severable. J. Use of Structures for Dwelling Purposes. Structures may not be used for human habitation except as specifically permitted in this title. K. Farm Worker Dwellings. 1. Standards and Requirements. A farm worker dwelling, as defined in Se ction 17.08.010 of this code, shall be allowed in accordance with the provisions of Chapter 17.20 of this code, and in c ompliance 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 quarters. The parking must have approved access and paving in accordance with Chapter 17.32 of this code. 754 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 co mmunity development a farm worker dwelling verification letter no later than thirty (30) days after receiving a permit to operate from H CD, and annually thereafter, to ensure compliance with state and local regulations on farm worker housing. The verificat ion letter must include information regarding the hou sing 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 o n all future owners. Begin- ning one (1) year after the issuance of the building permit and annually thereafter, the owner must file an annual report to the department listing the occupants of the farm worker dwelling and their place of work in order to ensure compli- ance with this requirement. h. General Development Requirements. Construction of farm worker dwellings shall comply with development requirements of the underlying zone. i. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner. 17.28.020 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 determin ation of similarity to animals listed in Table 17.28.030B. These regulations do not apply to animals used to provide a s ervice to individuals with a disability, such as seeing-eye dogs and miniature horses. All animal keeping must be in compliance with Title 6 of the Moorpark Municipal Code. 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 a reas, but not in re- quired front yard setback areas. 2. All animal containment areas shall be maintained sanitary, free from litter, garbage, debris and the accumulation of animal waste. Containment areas shall not be located in a drainage channel or conveyance. 3. Animal containment areas, other than for apiculture, pet animals, and cats and dogs, shall be maintained at least forty (40) feet from any structure used for human habitation other than the owner’s residence. 4. Apiculture shall conform to the following requirements: a. Street Separation. No beehive or box shall be located or maintained within one hundred fifty (150) feet of any public road, street or highway, or as determined by the community development director. b. Apiary Location. A beehive or box shall be located or maintained a reasonable distance from an urbanized area. For the purpose of this section, an urbanized area is defined as an area containing three (3) or more dwelling units per acre. A “reasonable distance” shall be determined after investigation by the community development director but shall not be less than four hundred (400) feet from the property line on which the hives are located. c. Dwelling Separation. No beehive or box shall be located or maintained within four hundre d (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 co ntains an api- ary, or upon mutual agreement for such location with the adjoining property owner. e. Water. Available, adequate and suitable water supply shall be maintained on the property near the apiaries at all times. 5. Domestic animals, other than those listed in Table 17.28.030B, 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, tur- tles, and small birds (less than six (6) inches in overall height). Outside enclosures shall be set back a minimum of fifteen (15) feet from any adjacent property line; 755 b. A maximum of three (3) large birds (greater than six (6) inches in overall height) of the pa rrot family. Outside enclosures shall be set back a minimum of fifteen (15) feet from any adjacent property line; c. Tropical fish, small caged crustaceans, amphibians and arthropods, and other similar animals commonly sold in pet stores and kept as household pets, may be kept on any residentially zoned lot so long as the animals are not main- tained for commercial purposes, do not constitute a nuisance, and are adequately provided with food, care and sanitary facilities; d. Animals which do not fit within this category may be permitted (including the total number), upon approval by the community development director. B. Animal Keeping. The animal keeping requirements listed in Table 17.28.030B are primarily for the keeping of animals for the pleasure of the owners and not for commercial purposes, except as noted in the table. C. In case of an emergency, with the approval of an administrative permit, any animal classified in Table 17.28.030B shall be kept in an approved zone, with a permit, for the duration of th e emergency or relocation of the an- imal, but not exceeding fifteen (15) days or as determined by the Community Development Director. D. Notwithstanding the requirements in this Section, animals in excess of those listed in Table 17.28.030B below may be kept on properties with a minimum area of five acres subject to approval of a Conditional Use Permit and the following findings: 1. The Applicant has provided letters in support of the request from all neighboring property owner s 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 facili- ties; 3. The Applicant has provided a fire prevention and evacuation plan detailing strategies to safeguard the property, structures and animals from fire hazards and evacuate all animals to safety in the event of a fire; 4. The Applicant has provided a care plan detailing that a licensed veterinarian will be available at all times to pro- vide care to the animals and available to respond to medic al 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. 756 Table 17.28.030B ANIMAL KEEPING Type of Animal or Animal Usage (see Note B for example calculation) Minimum Lot Size Maximum Number per lot area (A) Zoning 1. Apiculture 1 acre No maximum. O-S, A-E, R-E, R-A, 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 a. Single-family dwellings <5 acres Any combination of 4 O-S, A-E, R-E, R-A, R-1, R-2, R-3, SP, TPD, MUL, MUM, MUD >5 acres Any combination of 6. b. Multiple-family dwellings n/a Any combination of 2. 4. Equine, bovine or cleft-hoofed animals, includ- ing, but not limited to, horses, ponies, mules, donkeys, burros, cows, and bulls A 20,000 sq. ft. 1 per 15,000 sq. ft. of lot area O-S, A-E, R-A, R-E, SP C 5. Fowl (peacocks and pea hens are not permitted) a. Chickens, duck, and game hens A 6,000 sq. Ft. 1 per 2,000 sq. ft. O-S, A-E, R-A, R-E, R-L, R-1, R-2, R-3 b. Roosters and guinea fowl A 20,000 sq. ft. 1 per 5,000 sq. ft. O-S, A-E, R-A, R-E 6. Kennels and catteries (see Table 17.20.050(A)(6) for additional limitations) n/a By conditional use permit. M-1, M-2 7. Medium animals not kept as pets such as lla- mas, alpacas, sheep, goats, swine an d other ani- mals of similar size as determined by the commu- nity development director which are bred for sale A 20,000 sq. ft. 1 per 2,000 sq. ft. up to 1 acre (maximum of 22 ani- mals) Plus 2 additional animals for each acre > 1 acre. O-S, A-E, R-A, R-E 8. Small animals not kept as pets such as rabbits, chinchillas, small birds not otherwise classified, non-poisonous reptiles, and other animals of simi- lar size as determined by the community devel- opment director which are bred for sale A 20,000 sq. ft. 1 per 2,000 sq. ft. (up to 22 animals). For >1 acre, 2 additional animal per each acre. O-S, A-E, R-A, R-E 9. Small animals kept as pets excluding domesticat- ed cats and dogs but including and not limited to sheep, goats, pigmy/pygmy goats, pigs, pot- bellied pigs, and miniature horses which are not bred for sale A 10,000 sq. ft. 1 per 3,333 sq. ft. (up to 13 animals per 1 acre). For >1 acre, 1 additional animal per each acre. O-S, A-E, R-A, R-E 10. Small animals kept as pets including rabbits, guinea pigs, chinchillas, small birds not otherwise classified and non-poisonous reptiles and other animals of similar size as determined by the community development director excluding do- mesticated cats, dogs, sheep goats, pigmy/pygmy goats, pigs, pot-bellied pigs and miniature hors- es.A n/a 1 per 1,500 sq. ft. of lot, area plus 1 additional ani- mal for each additional 1,000 sq. ft. beyond 6,000 sq. ft. (Maximum 20 small animals per lot) O-S, A-E, R-A, R-E, RL, R- E, R-1, R-2, R-3, SP, TPD 11. Veterinary facilities including, but not limited to, hospitals for large and small animals and surgi- cal offices (see Tables 17.20.050(A)(2) and 17.20.060(C)(4)(a) and (b) for additional limi- tations) n/a 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 12. Wild animals 1 acre By conditional use permit. O-S, A-E, R-E 757 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 months; equine, bovine or cleft-hoofed animals, 12 months). B. For example, if you have a 20,000 square foot lot in the RE zone, you would be able to have two equine, bovine or cleft-hoofed animals, plus 20 chickens or ducks or game hens, or combination thereof, plus four roosters or guinea fowl or combination thereof, plus 10 small animals such as rabbits, plus six sheep or other small ani- mals, plus any combination of four domesticated dogs or cats. C. Equine animals, such as horses, ponies, mules, or burros are allowed in SP zones only in locations specifically designated for equestrian uses or horse keeping as part of the residential planned development permit or specif- ic plan. Bovine and other cleft-hoofed animals are not permitted in these zones.030 17.28.040 Auto, boat and trailer sales lots. New and used automobile, trailer and boat sales yards are subject to the following conditions: A. No repair or reconditioning of automobiles, trailers or boats shall be permitted unless such work is accessory to the principal retail use and is done entirely within an enclosed building. B. Except for required landscaping, the entire open area of the premises shall be surfaced with concrete or asphal- tic concrete. 17.28.050 Adult business permit. A. Intent. The intent of this chapter is to regulate adult businesses which, unless closely regulated, may have seri- ous secondary effects on the community. These secondary effects include but are not limited to: depreciation of proper- ty values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity and police service calls, increases in noise, litter and vandalism and the interference with property owners’ enjoyment of their property in the vicinity of such businesses. It is neither the intent nor effect of this section to impose limitations or restrictions on the content of any communi- cative material. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials, or to deny access by the distributors or exhibitors of sexually or iented entertainment to their intend- ed market. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any law of the state of California regarding pu blic nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public dis- play thereof. B. Definitions. As used in this section: “Adult arcade” means any business establishment or concern containing coin or slug operated or manually or elec- tronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual when those images are distinguished or characterized by an em phasis 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 o f conduct, displays or dis- tributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pic- tures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical areas. “Adult booth/individual viewing area” means a partitioned or partially enclosed portion of an adult business used for any of the following purposes: 1. Where a live or taped performance is presented or viewed, where the performances or images displayed or pre- sented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sex- ual activities or specified anatomical areas; 2. Where adult arcade devices are located. “Adult business” means any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult arcade, adult bookstore, adult cabaret, adult model studio, or adult theater. It also means any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patron’s products, merchandise, services or entertainment charac- 758 terized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. “Adult business” does not include those uses or activities, the regulation of which is preempted by state law. “Adult cabaret” means a business establishment (whether or not serving alcoholic beverages) that fe atures adult live entertainment. “Adult live entertainment” means any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wres- tling or pantomiming, in which: 1. The performer (including but not limited to topless or bottomless dancers, go-go dancers, exotic dancers, strip- pers, or similar performers) exposes to public view, without opaque covering, specified an atomical 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 d epicted by persons paying for such services. Adult model studio does not include any live art class or any studio or classroom which is operated by any public agen- cy, or any private educational institution that is maintained pursuant to standards set by the Board of Education of the state of California. “Adult store” means any establishment, which as a regular and substantial course of conduct, displays or distributes sexually oriented merchandise or sexually oriented material. “Adult theater” means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, digital video disks, slide photographs, or other pictures or electron- ically generated visual reproductions which is distinguished or characterized by the emphasis on matter depicting, de- scribing or relating to specified sexual activities or specified anatomical areas. “Code compliance officer” means an officer or employee authorized by the governing body to enforce certain provi- sions of this section. “Director” means the community development director or the manager of the community development department of the city of Moorpark or the director’s designee. “Establishment of an adult business” means any of the following: 1. The opening or commencement of any adult business as a new business; 2. The conversion of an existing business, whether or not an adult business, to any adult business; 3. The addition of any of the adult businesses defined herein to any other existing adult business; or 4. The relocation of any such adult business. “Lap dance” includes chair dancing, couch dancing, straddle dancing, table dancing, and means an employee or in- dependent contractor of an adult business intentionally touching any patron while engaged in adult live entertainment. “On-site manager” means any person designated by the owner as responsible for the day-to-day on-site operation of the adult business. “Operate an adult business” means the supervising, managing, inspecting, directing, organizing, contro lling 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; 2. Any general partner of a partnership that owns and operates an adult business; 759 3. The owner of a controlling interest in a corporation or limited liability company that owns and operates an adult business; or 4. The person designated by the officers of a corporation or the members of a limited liability company to be the permit holder for an adult business owned and operated by the entity. “Police chief” means the chief of the city of Moo rpark police department or the police chief’s designee. “Sexually oriented material” means any element of sexually oriented merchandise, or any book, periodical, maga- zine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visua l representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, de- scribing or relating to specific sexual activities or specified anatomical areas. “Sexually oriented merchandise” means sexually oriented implements and paraphernalia including but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical bal- loons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas. “Specified anatomical areas” means: 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 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 communi- ty development department on form(s) pr ovided by the city. The application must contain, at a minimum, the following information regarding the owners and the following items: a. Name and address of all owners of the proposed adult business, collectively referred to hereafter as the “appli- cant.” b. The previous residential addresses of all individual owners, if any, for a period of five (5) years immediately prior to the date of filing the application and the dates of residence at each address. c. Written proof that all individual owners are at least eighteen (18) years of age. d. A five (5) year history of the applicant from the date of the application, as to the operation of any adult business or similar business or occupation. A statement as to whether or not such applicant, in operating an adult business under a permit or license, has had such permit or license revoked or suspended and the reasons therefor. e. All criminal convictions or offenses described in Section 17.28.050(F)(2)(j) of the applicant; and whether the applicant is required to register under the provisions of Sec tion 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. 760 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 inte- rior floor plan need not be professionally prepared but must be drawn to a designated engineering or architectural scale to an accuracy of plus or minus six (6) inches. m. A photometric plan, in accordance with Chapter 17.30, Lighting Regulations, of the city of Moorpark Municipal Code for all outdoor areas including parking areas. n. If the applicant is a partnership, limited liability company or corporation, documentary proof that such entity was duly 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 ficti- tious name. p. If the applicant does not own the lot or parcel on which the adult business wil l 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 appl ication. If the prop- erty owner or lessor is a legal entity, a general partner, officer, director, member or other authorized person thereof must sign the application. q. A statement in writing and dated by the applicant certifying under penalty of perjury that the information con- tained in the application is true and correct. If the applicant is one or more natural persons, one such person must sign the application under penalty of perjury. If the applicant is a partnership, limited liability company or corporation, a general partner, officer, director or member of the entity must sign the application under penalty of perjury. r. Such other information as the director may reasonably deem necessary. 2. Determination of Completeness. The director will determine whether the application contains all the infor- mation and items required by the provisions of this section. If it is determined that the application is not complete, the applicant will be notified in writing within five (5) business days of the date of receipt of the application that the appli- cation is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant will have thirty (30) business days to submit additional information to render the application complete. If within the thirty (30) business-day period, the applicant has not submitted the requested information the application will be void. Within five (5) business days following the receipt of an amended application or suppl emental 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 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 dec ision 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 fo llowing 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 zon- ing, 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 denie d, 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. 761 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 applic able set- backs and parking requirements of the applicable zoning district. b. Exterior Lighting. All exterior areas, including parking lots regardless of the number of required parking spaces, of the adult business must be in compliance with Chapter 17.30, Lighting Regulations, o f the Moorpark Municipal Code. Inoperable or broken lights must be replaced within twenty-four (24) hours. c. Sound. The premises within which the adult business is located must provide sufficient sound-absorbing insula- tion so that noise generated inside such premises will not be audible anywhere on any adjacent property or public right- of-way or within any other building or other separate unit within the same building and shall be in compliance with Chapter 17.53, Noise, of the Moorpark Municipal Code. d. No Minors. The building entrance to an adult business must be clearly and legibly posted with a notice indicat- ing that persons under eighteen (18) years of age are precluded from entering the premises. Such notice must be con- structed and posted to the satisfaction of the director and in compliance with Chapter 17.40, Sign Regulations, of the Moorpark Municipal Code. Persons under the age of eighteen (18) years may not be permitted within the premises at any time. e. Open Indoor Areas. All indoor areas within which patrons are permitted, except restrooms, must be open to view at all times. Adult booths and individual viewing areas are prohibited. f. Restrooms. Separate restroom facilities must be provided for male patrons and employees, and female patrons and employees. Male patrons and employees are prohibited from using any restroom for females, and female patrons and employees are prohibited from using any restro om for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms must be free from any sexually oriented material. Restrooms may not contain television monitors or other motion picture or video projection, recording or reproduction equipment. This sub- section does not apply to an adult business which deals exclusively with the sale or rental of sexually oriented material which is not used or viewed on the premises, such as an adult bookstore or adult video store, and which does not pro- vide restroom facilities to its patrons or the general public. g. Residential Conversions Prohibited. Residential structures may not be converted for use as an adult business. h. Portable Structures Prohibited. Adult business may not be located in any temporary or portable stru cture. 2. Operational Standards. a. Hours. Adult business may not operate or be open for business between the hours of two (2:00) a.m. and nine (9:00) a.m. b. Employment of Minors Prohibited. An owner or operator of any adult business may not employ or permit to be employed any person who is not at least eighteen (18) years of age. c. Presence of Minors on Premises Prohibited. An owner or operator of an adult business may not allow or permit any person under the age of eighteen (18) years to enter, be in or remain in any such business. Ope rators must deter- mine 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 o perat- ed in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision applies to any display, decoration, sign, show window or other opening. No exterior door or window on the premises may be propped or kep t 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: 762 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 man- ager. The name of any individual designated as the on-site manager must be provided to the director in order to receive all complaints and be given the responsibility and duty by the owner or operator to address and immediately resolve all violations of law taking place on the premises. 2. Adult businesses must employ state licensed uniformed security guard s 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. ii. Security guards for other adult businesses may be required if it is determined by the police chief that their pres- ence is necessary in order to prevent any of the conduct listed in this section from occurring on the premises. 3. Security guards will have a duty to prevent violations of law and enforce compliance by patrons of the require- ments of these regulations. Security guards must be uniformed in such a manner so as to be readily identifiable as a security guard by the public and must be duly licensed as a secu rity guard as required by applicable provisions of state law. No security guard required under this subsection may act as a d oor 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 sta ge is occupied by a performer. This provision does not apply to an individual viewing area where the pe rformer is com- pletely separated from the area in which the performer is viewed by an individual by a permanent floor to ceiling, solid barrier. 2. A performer may not have physical contact with any patron, and patrons may not have physical contact with any performer, while the performer is performing on the premises. In particular, a performer may not have physical contact with a patron and a patron may not have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or fe- male breast with any part or area of any other person’s b ody either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons must be advised of the no touching re- quirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one (1) inch in size. If necessary, patro ns 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, pa yment 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 mo nies in the performers’ costumes or otherwise place or throw monies on the stage. Patrons must be advised of this requir ement by signs con- spicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one (1) inch in size. 763 5. The adult business must provide dressing rooms for performers, that are separated by gender and excl usively dedicated to the performers’ use and which the performers must use. Same gender performers may share a dressing room. Patrons are not permitted in dressing rooms. 6. The adult business must provide an entrance/exit to the establishment for performers that are separate from the entrance/exit used by patrons, and the performers must use this entrance/exit at all times. 7. The adult business must provide access for performers between the stage and the dressing rooms that is com- pletely separated from the patrons. If such separate access is not physically feasible, the adult business must provide a minimum three (3) foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patro ns 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 adu lt business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility. i. Adult Theater—Additional Operating Requirements. The following additional requirements apply to adult thea- ters: 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 auditori- um area is visible from the aisle at all times; iii. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number may not exceed the number of seats within the hall or auditorium area; and iv. If an adult theater is designed to permit ou tdoor viewing by patrons seated in automobiles, it must have the mo- tion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right -of-way, child day care facility, public park, school, or religious institu- tion or any residentially zoned property occupied with a residence. j. No owner or operator of any adult business may have pled guilty, nolo contendere or been co nvicted within the past three (3) years of any of the following offenses or convicted of an offense outside the state of California that would have constituted any of the following offenses if committed within the state of California: Sections 243.4, 261, 266a through 266j, inclusive, 267, 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 t he per- sonal 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 en- tering the adult business. G. Prohibited Conduct at Adult Businesses. 1. A person may not operate or cause to be operated an adult business knowingly, or with reason to know, permit- ting, 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 speci fied anatomical area or engaged in or simulating a specified sexual activity; iv. To voluntarily be within six (6) feet of any p atron 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. 764 2. Persons at any adult business may not intentionally touch an employee or independent contractor who is dis- playing or exposing any specified anatomical area or engaging or simulating a specified sexual activity at the adult business. 3. Persons at any adult business may not engage in a couch dance, lap dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity. 4. Person may not directly pay, offer to pay, or otherwise seek to provide a gratuity, pay, or any other form of con- sideration to a performer at an adult-oriented business. Person may not use an intermediary, such as an employee or independent contractor to offer, provide, or otherwise pay a gratuity or other form of consideration to a performer at an adult-oriented business. 5. Employees or independent contractors of an adult business may not engage in a performance, solicit a perf or- mance, make a sale, provide a service, or solicit a service between the hours of two (2:00) a.m. and nine (9:00) a.m. 6. Waiters or waitresses employed at an adult business may not appear on the premises thereof in the nude, semi- nude, or display or expose specified anatomical areas. H. Permit Requirements—Effect of Noncompliance. The requirements described in Chapter 5.18, Adult Business Performer Permit, are conditions of an adult business permit, and the failure to comply with any applicable requirement is grounds for revocation of the permit issued pursuant to this section. I. Permit Duration. An adult business permit will be valid for a period of one (1) year from the date of issuance. J. Permit Renewal. An adult business permit must be renewed on an annual basis, provided that the permittee and the adult business continues to meet all applicable requirements set forth in this section. A request for permit renewal must be accompanied by an adult business permit application, completed in full detail with current information. The application and appropriate fee must be received by the city at least forty (40) calendar days prior to the expiration of the existing permit. The city will process a request for a permit renewal in the same manner as the orig inal application. K. Permit Transferability. Adult business permits may not be sold, transferred, or assigned by any permittee, or by operation of law, to any other person unless and until the transferee obtains an amendment to the permit from the direc- tor stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the director in accordance with Section 17.28.050(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 assign- ment or attempted sale, transfer, or assignment will be deemed to constitute a voluntary surrender of the permit and thereafter the permit will be null and void. An adult business permit held by a corporation, partnership or limited liabil- ity company is subject to the same rules of transfe rability. An adult business permit will be valid only for the exact lo- cation 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: 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; 765 (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 prov isions, of this section occur (regardless of whether notice of each indi- vidual violation is given to the permittee) within any twelve (12) month period. 3. Revocation Notice. Upon determining that grounds for permit revocation exist, the director will furnish written notice of the proposed revocation to the permittee. Such notice must summarize the principal reasons for the proposed revocation and state that the revocation will become effective on the twentieth (20th) day after the notice was deposited in the U.S. mail, unless the permittee files an appeal under Section 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 disa- greement with the director’s stated decision, include the address to which notice is to be mailed, be signed under penal- ty of perjury, and be accompanied by the filing fee established by city council resolution. 2. If an appeal is timely filed, the city council will at the next regularl y scheduled city council meeting held more than five (5) calendar days after receipt of such notice of appeal, review the ma tter and determine whether the city council or a hearing officer will hear the appeal. 3. The city council or the hearing officer, as the case may be, must set a date, not less than five (5) calendar days, and not more than twenty-one (21) calendar days from the date such determination is made by the city council for the hearing of the appeal. The hearing may be continued for good cause. The hearing will be a de novo hearing on the ac- tion appealed from. 4. The hearing officer or city council will issue written findings and a decision within ten (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 Sec- tion 1094.8. 5. The action by the hearing officer or city council will be final u nless 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 dep os- ited 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 rem- edies, including license or permit revocation. All remedies provided herein are cumulative and not exclusive. 2. In addition to the remedies set forth in subsection 1, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as suc h, 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, t he city does not impose a criminal penalty for violations of this section related to expressive activities. P. Regulations Nonexclusive. The provisions of this section regulating adult businesses are not intended to be ex- clusive and compliance therewith will not excuse noncompliance with any other applicable regulations pertaining to the operation of businesses adopted by the city. 17.28.050 766 17.28.060 Emergency shelters and single room occupancy unit developments. A. Emergency Shelters. 1. One emergency shelter facility per lot is allowed and shall be located at least 300 feet from any other emer- gency shelter, as measured from the closest property line. 2. Overnight occupancy shall be limited to one (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; 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 submit- ted to the community development director and Moorpark police chief that demonstrates compliance with all zoning requirements. The operational plan shall contain the name, address, phone number and driver’s license number of the owner, operator and facility manager; and specific operational procedures including, but not limited to, the following: a. An individual must vacate shelter between nine (9:00) a.m. and five (5:00) p.m. daily. 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 submit- ted to the community development director and Moorpark police chief that demonstrates compliance with all zoning requirements. The operational plan shall contain the name, address, phone number and driver’s license number of the owner, operator and facility manager. 5. General Development Requirements. SRO unit developments shall comply with C-2 zone development re- quirements. 6. Lighting. Lighting shall comply with Chapter 17.30 of this code. 7. Parking. Parking shall comply with Chapter 17.32 of this code. 8. Signage. Signage shall comply with Chapter 17.40 of th is code. 9. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner. 767 17.28.060 17.28.070 Produce stands. A. One (1) sales produce stand per lot is allowed. B. The produce stand shall be accessory to the permitted plant production on the same lot, and only if at least nine- ty-five percent (95%) of the area of the lot is devoted to plant production. C. A produce stand may sell raw unprocessed fruits, vegetables, nuts, seeds, cut flowers and ornamental plants grown on the same lot and on other lots, under the same ownership, which are located in the city. D. The floor area of the produce stand shall not exceed four hundred (400) square feet. E. The produce stand shall be set back at least thirty (30) feet from any public road, street or highway. This setback area shall be kept free and clear of imped iments 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. 17.28.070 17.28.075 Community Gardens A. Size Limit. Community gardens shall not exceed two acres. B. Performance Standards. The use of a community garden may not involve hazardous materials or processes or create offensive or objectionable noise, vibration, odors, hea t, dirt, or electrical disturbance perceptible by a person beyond the lot line of the subject lot. C. Operating Standards. 1) Property owners must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, and security requirements. 2) Site must have a garden coordinator to perform the coordinating role for the management of the comm unity 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 sufficien t to support the cultivation practices used on the site. 6) The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property. 7) All seed, fertilizer, and animal feed shall be stored in a sealed, rodent proof container and housed within an enclosed structure. 8) Pesticides, herbicides, or other soil additives prohibited by state, federal, or other law shall not be used within a community garden. D. Compost. Compost materials shall be stored at least 10-feet from any property line and in a manner that is not visible from adjacent property or offsite, controls odor, prevents infestation, and minimizes runoff into waterways and onto adjacent properties. Waste shall be collected regularly by the municipality. Gardeners shall ensure that waste containers are placed in specified location to assist municipality in waste removal. E. Farm Equipment. Use of mechanized farm equipment is not permitted except to initially to prepare the land for agriculture use. F. Animals and Beekeeping. Community gardens shall be subject to the animal and apiculture allowances and requirements included within 17.28.030. 17.28.080 Standards related to industrial hemp product retail sales, stand-alone. Industrial Hemp Product Retail Sales, Stand Alone Retail Requirements. Industrial hemp product retail sales may be conducted in certain commercial zones, with a zoning clearance meeting all of the requirements of this section. A. Application. An application for a zoning clearance shall be filed with the community development director on forms prescribed by the community development director along with the fee established by city council resolution. B. Approval Criteria. The community development director shall approve an application for an industrial hemp retail sales establishment that meets the following criteria: 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 in- 768 clude 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 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 writ- ing 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 estab- lishment, the zoning clearance at the approved address shall be valid until six (6) months after the use for which the permit was issued has ceased or until the permit is revoked. E. Revocation of Permit. A zoning clearance for an industrial hemp retail sales establishment may be revoked pur- suant to the revocation provisions of Chapter 17.44 of this title if the community development director makes any of the following findings in addition to any of the findings for revocation in Chapter 17.44 of this title and notifies the applicant in writing: 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 im- pact or constitutes a nuisance; 3. The zoning clearance was obtained by misrepresentation or fraud; 4. The use for which the zoning clearance was granted has ceased for six (6) months or more; and 5. The use for which the zoning clearance was granted has become noncon forming due to a change in the munici- pal code and a reasonable period of time, as determined by the community development director, has elapsed to allow for the termination or relocation of the use. In the event of a conflict between the findings and provisions of this section with respect to the revocation of a zon- ing clearance and those of Chapter 17.44, the findings and provisions of this section shall control. 17.28.090 Chain stores and aesthetics on High Street. A. Purpose. The purpose of this section is to regulate the location and operation of chain stores in the Old Town Commercial (C-OT) zone in order to maintain the small town, rural character, and the economic vitality of the city’s commercial center. The city has determined that the preservation of High Street’s unique architecture, streetscape, and other design elements will promote the long-term viability of the historic commercial center. The city has also deter- mined that preserving a balanced mix of local-, regional-, and national-based businesses as well as small and medium sized businesses will maintain and promote the long-term economic vitality of neighborhood and visitor-serving busi- nesses and the community as a whole. It is therefore the intention of the city that an over-concentration of chain stores not be allowed. All chain stores are prohibited in the Old Town Commercial (C-OT) zone unless approved with a con- ditional use permit, subject to the findings contained in this section. Any chain store approved with a conditional use permit shall create a unique visual appearance that reflects and complements the distinctive historical character of High Street. B. Applicability. This section applies to any proposed use in the Old Town Commercial (C-OT) zone determined to be a chain store. C. Responsibility of Chain Store Use Determination. 1. Any application in the Old Town Commercial (C-OT) zone determined by the city to be a chain store on which the applicant has not identified the use as a chain store is incomplete and cannot be processed until the omission is cor- rected. 2. Any entitlement approved that is determined by the city to have been, at the time of application, a chain store that did not identify the use as such is subject to revocation in writing at any time. 3. In the event the city determines that a permit application or permit subject to this section is for a chain store, the permit applicant or holder bears the burden of proving to the city that the proposed or existing use does not constitute a chain store. 769 D. Conditional Use Permit (CUP) Process. 1. Approval of a conditional use permit is required for any chain stores proposed in the Old Town Commercial (C- OT) zone; 2. The expansion of any existing chain store in the Old Town Commercial (C-OT) zone shall require a conditional use permit if the chain store does not already have a conditional use permit; 3. The cumulative expansion of a permitted chain store by five hundred (500) or more square feet of floor area shall require a modification to the conditional use permit; 4. The chain store shall fully comply with all applicable regulations of the zoning code including adherence to the design guidelines established in the downtown specific plan; 5. In addition to all of the findings required by Section 17.44.040(D), all of the following findings must be made prior to the issuance of a conditional use permit for a chain store: a. The chain store will not result in an over-concentration of chain stores in the Old Town Commercial (C-OT) zone; b. The chain store will promote variety to assure a balanced mix of commercial uses available to serve both resi- dent and visitor populations; c. The chain store will contribute to an appropriate balance of local-, regional-, and national-based business estab- lishments as well as small- and medium-sized business establishments in the zone; and d. The proposed use, together with its design and improvement, is compatible with the existing architectural and aesthetic character of High Street and adheres to the design guidelines of the downtown specific plan. 17.28.090 17.28.100—17.28.110 Reserved. 17.28.120 Temporary filming. A. Definitions. For the purposes of this title, the following definitions shall apply: 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 photogr aphy pro- duced by a nonprofit organization, which qualifies under Section 501(C)(3) of the Internal Revenue Code as a charita- ble organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos. 3. “News media” shall mean the photographing, filming, or videotaping for the purpose of spo ntaneous, unplanned television news broadcasts (“breaking news”), or reporting for print media by reporters, photographers, or cam- erapersons. 4. “Student” shall mean a person producing motion picture, television, or still photography to satisfy a secondary or post-secondary school course requirement at an educational institution. 5. “Studio” shall mean a fixed place of business certified as such by the community development director where filming activities (motion or still photography) are regularly cond ucted 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 simi- lar entity engaged in news media, including on-the-spot print media, publishing, or broadcasting of news events con- cerning those persons, scenes, or occurrences that are in the news and of general public interest. b. Personal/Family Video. The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use. c. Studio Filming. Filming activities (motion or still photography) conducted at a studio designated for such use. d. Still Photography for Business Advertisements. Still photography for advertisements produced at the business that is the subject of the advertisements, provided all filming activities take place on private property and result in no impairment of the use of the public right-of-way or other public facilities. 770 e. City-sponsored Filming. Filming by the city, provided the filming results in no impairment of the use o f 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 au thorized to issue permits that au- thorize motion picture, television, or still photography. The rules and regulations will be based upon the following cri- teria: a. The health and safety of all persons; 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 cha rge of such filming activity; vi. The number of personnel to be involved; vii. Activity that may cause an impact to the public health, safety, or welfare, such as the use of any animals, gun- fire or pyrotechnics, low flying helicopters and/or unmanned aircraft systems (drones); viii. The exact amount/type of vehicles/equipment to be employed along with a parking plan; and ix. All applicable documentation (remote pilot certificate, UAS registration certificate, waivers, description of flight operations, etc.) 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 ser- vices provided by the city for such filming, including, but not limited to, traffic control and police services, shall be charged for charitable films and student films. d. Reimbursement for Personnel. The applicant shall reimburse the city for any city services provided to the appli- cant (e.g., police, traffic) for the purpose of assisting or facilitating the production, whether such services are requested by the applicant or imposed as a condition of the permit. e. Change of Date. Upon request of the applicant and good cause showing, the director may change the date(s) for which the permit has been issued. 5. Liability. a. Liability Insurance. Before a permit is issued, the applicant shall provide the director a certificate of insurance naming the city as additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The policy shall be one million dollars ($1,000,000.00) comb ined single-limit per occur- rence. Higher liability limits or separate aerial coverage shall be required for the use of helicopters and/or drones, or as otherwise determined by the director based upon the proposed activity. City officers, employees, and agents shall also be named as additional insured. The applicant must provide evidence of insurance coverage that will not expire until the completion of all planned production activities, including the strike and restoration of all locations. A copy of the certificate will remain on file. b. Worker’s Compensation Insurance. The applicant shall conform to all applicable federal and state requirements for workers’ compensation insurance for all persons operating under a permit. c. Hold Harmless Agreement. The applicant shall execute a hold harmless agreement as provided by the city prior to the issuance of a permit under this section. 771 d. Security Deposit. To ensure cleanup and restor ation of location sites, the applicant may be required to submit a refundable deposit in an amount to be determined by the director based upon the type of activity. Upon completion of filming and inspection of the site by the city, if no verifiable damage has occurred, the security deposit shall be returned to the applicant. 6. Violations. If an applicant violates any provisions of this section or a permit issued pursuant thereto, the city may provide the applicant with verbal or written notice of such viola tion. If the applicant fails to correct the violation, the city may revoke the permit, and all filming activity must cease. Any applicant who willfully refuses or fails to com- ply with the provisions of this section or any terms and conditions of any permit issued thereto shall be guilty of an infraction, and every violation shall be construed as a separate offense for each day or part of a day during which such violation continues. 17.28.120 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. 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, fr ee 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 o f signs; 5. Outdoor dining furniture shall not contain signs or other advertising materials; 6. Outdoor dining areas shall be locked together or moved indoors when the associated business is closed to avoid theft and nuisance issues; 7. The proposed outdoor dining area complies with all state and local regulations. The proposed use shall be separated from other outdoor uses by no less than six feet and shall maintain all required public paths of travel and accessways; 8. Outdoor dining shall be limited to the area directly adjacent to the business and shall not be placed adjacent to neighboring business frontages without prior written consent of such business and the property owner; 9. Outdoor dining areas shall not allow for live entertainment, service of alcohol or other uses otherwis e 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 at the crosswalk or curb cuts. 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 preceding December 25th. Such sales activities shall not disrupt normal traffic flows, nor result in the blocking of public rights-of-way, parking lot aisles or required parking spaces. All related structures, facilities and materials shall be removed by December 31st of the same year. Christmas tree sales are allowed one (1) temporary, unlighted identification sign not exceeding twenty (20) square feet in area. 17.28.140 17.28.150 Temporary buildings during construction. A mobilehome, recreational vehicle or commercial coach may be used as a temporary dwelling unit or o ffice on a construction site in accordance with Section 17.20.060 of this title, provided that a building permit for such construc- tion is in full force and effect on the same site. The unit shall be connected to a water supply and sewage disposal sys- tem approved by the Ventura County environmental health division and shall be removed from the site within forty- five (45) days after a clearance for occupancy is issued by the city department of building and safety. 772 17.28.160 Storage of building materials—Temporary. The temporary storage of construction materials is permitted on a lot adjacent to one on which a valid zoning clear- ance and building 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. 17.28.170—17.28.230 Reserved. 17.28.240 Bicycle and skate parks. A. Purpose. The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for the design, placement and use of facilities and structures (hereinafter referred to as “facilities”) for bicycles and skates such as, but not limited to: skateboards, bicycles, unicycles, tricycles and roller skates. Such regulations are es- tablished to minimize the impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy, traffic congestion, trespassing and risk of damage or injury from flying projectiles and debris. B. Application. 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. 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 fi nished grade level and no fa- cility or collection of facilities on a given lot shall cover more than four hundred (400) square feet of aggr egate 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 build- ing on the site, unless the facility is not visible from the public or private right-of-way or neighboring building and oth- erwise conforms to the applicable setback requirements. E. Construction Standards. All facilities shall be constructed so as to minimize visual and auditory impacts. 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 oth- er suitable solid material. 3. The backs of all surfaces not affected by subsection (E)(2) of this section shall be padded with sound-absorbing material such as carpeting. 4. Facilities may be painted, stained, or left in their natural finish. Posters, banners, handbills, bumper stickers, or signs of any kind shall not be affixed to the facility, if visible from neighboring properties. Signage for the facilities shall be in accordance with Chapter 17.40 of this title. F. Hours of Operation. The use of facilities shall be limited to daylight hours between nine (9:00) a.m. and seven (7:00) p.m., Monday through Saturday. G. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner. H. Removal. Facilities shall be removed within ninety (90) days when no longer used, or capable of being safely used for their intended purpose. I. Hold Harmless. The permittee shall provide the city with a hold harmless agreement, acceptable to the city, prior to the issuance of a zoning clearance, which provides, in substance, that the permittee agrees to hold the city harmless, indemnify and defend the city for any loss or damage to property, or injury or l oss of life arising out of the use authorized by this zoning clearance. 17.28.240 773 17.28.250 Reserved. 17.28.260 Low-Barrier Navigation Centers. A. Purpose. The purpose of this section is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with Califor- nia Government Code Section 65660. B. Application. A zoning clearance permit is required prior to the es tablishment of any low-barrier navigation cen- ter project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review or a hearing. The Community Development Director shall notify a developer whether the d eveloper’s application is complete within 30 days, pursuant to Californ ia Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed. C. Development and Operational Standards. A low-barrier navigation center development is a use by-right in are- as zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements: 1. Connected Services. It offers services to connect people to permanent housing through a services plan that identi- fies services staffing. 2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to conne ct 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 section s 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. Chapter 17.30 LIGHTING REGULATIONS Sections: 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. 17.30.070 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 regula tion 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 d evelop- ment. The city also recognizes that improperly installed lighting, illegal lighting, or improperly maintained lighting, creates impacts upon astronomical resources within the community and creates conflicts and nuisance impacts upon abutting properties and is wasteful of energy resources by causing energy to be expended without producing additional useful light. 774 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 speci- fied, 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 suff icient to cause annoyance, discomfort, or loss in visual perfor- mance and visibility. For the purposes of this chapter, glare occurs when a lamp is directly viewable from a location off the property that it serves. “Human scale” means the proportional relationship of a particular building, structure, or streetscape element to h u- man form and function. “Initial lighting values” refer to the lumens or foot-candles predicted or measured from a lamp or lighting system at initial installation. “Lamp” means the light-producing element or light source of a luminaire. Examples are bulbs and tubes. “Luminaire” is the complete lighting unit, often referred to as a light fixture. It consists of the lamp, optical reflector and housing, and electrical components for safely starti ng and operating the lamp. “Maintained lighting values” refer to the lumens or foot-candles predicted or measured from a lamp or lighting sys- tem at the mid-life of the lamp and shall account of the expected drop in lumen output from the lamp, as well as normal dust on the lens of the luminaire. “Spillover” occurs when the illumination intensity outside the property boundaries exceeds one (1) foot-candle. 17.30.030 Applicability. The regulations contained within this chapter shall apply in all zones and specific plan areas within the city. These regulations are intended to augment lighting standards and regulations in adopted specific plans. 17.30.040 General requirements. A. Lighting permitted shall be limited to those levels necessary to provide safety and security to the site. B. Use of low intensity lighting for aesthetic purposes in order to enhance or accent building features, public art, or landscape architectural features of a project is encouraged. Such lighting shall not spill over onto or extend beyond the property-line or into adjacent public right-of-way. C. All lighting systems shall meet adopted uniform codes and sta ndards of the city. D. All lighting system components shall be kept in good repair and service. Periodic cleaning, painting and servic- ing of supports, globes, fixtures and foundations is required. Poor maintenance shall be considered a public nuisance. 17.30.050 Prohibited lighting. The following types of lighting shall be prohibited within the city: A. Any outdoor lighting system erected, installed, modified or reconstructed without proper plans and permit ap- provals; B. Flashing, alternating, blinking or moving lights, other than traffic or hazard lights or those permitted under the sign regulations contained in Chapter 17.40; C. Unshielded pack lighting and areawide flood lighting; D. High intensity discharge mercury vapor security lights in other than rural residential or open space/agricultural zones; E. Searchlights or laser lights used on an ongoing basis for the purpose of commercial advertising; F. Drop down lens, except where the lenses are clear, non -diffusing, and do not permit viewing of the lamp at or above the horizontal plane located at the bottom of the fixture; G. Any lighting that causes glare or spillover as defined by this chapter. 775 17.30.060 Plans required. All commercial, industrial, and institutional projects with twenty (20) or more parking spaces and multi-family resi- dential projects of five (5) or more units shall have plans for the outdoor lighting system approved by the city’s com- munity development director or designee prior to issuance of building permits for that project. Each lighting plan shall detail the provision of lighting systems for exteriors of all buildings, parking lots, loading areas, walkways, public use areas, public art displays, fountains, or landscape areas. Lighting plans shall be prepared, signed and certified by a civil or electrical engineer or other person licensed and/or registered within the state of California to prepare and certify lighting system designs/plans. Lighting plans shall, as a minimum, include and e xhibit the following: A. Style, size, height and location of any poles used to support luminaires; B. Style, size, height and location of any foundation systems (i.e., pedestals) upon which light poles may be erect- ed; C. Style, type, location and quantity of luminaires, whether pole mounted, bollard mounted or building mounted; D. Type, wattage, lumens and correlated color temperature of lamps; E. Shields, cut-off mechanisms, or diffusers used with each luminaire; F. Construction structural and mounting details for all installations; G. All exterior lighting plans shall include photometric calculations consisting of a point-by-point foot-candle lay- out based upon a minimum twenty-five (25) foot grid center extended to twenty-five (25) feet beyond the property line for both initial lighting values and maintained lighting values; H. Lighting plans shall be prepared to scale, and shall be accompanied by dimensioned detail sheets, materials cat- alogues, and specifications to aid in the identification and evaluation of proposed lighting system components. The application for such lighting plans should be made on the form provided by the community development de- partment. A fee, as established by city council resolution, is required to accompany each applicati on for a lighting plan. 17.30.065 Design standards. A. Lamps shall be shielded or recessed within the luminaire to prevent visibility or the emission of light at or above the horizontal plane located at the bottom of the fixture. B. Luminaires shall be directed away from all adjacent properties and streets/rights-of-way to avoid glare and spillover as defined in this chapter. C. Maintained lighting values for outdoor parking areas shall not exceed seven (7) foot -candles on ninety-five per- cent (95%) or more of the grid points within the parking area on the photometric plan. D. Light poles shall not exceed 25 feet in height in all commercial, industrial and institutional zones, except within 100 feet of residential zones, where the maximum height shall be 20 feet. Lig ht poles in residential zones shall not ex- ceed 20 feet in height. E. All lighting within parking lots shall be located in curbed p lanters. Concrete pedestals, bases or foundations for the light pole within the planters over six (6) inches in height shall be decorative. Light poles placed in hardscape areas shall be mounted flush with the surrounding hardscape. F. The following minimum horizontal clearances shall be maintained from light poles and pedestals: 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. 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 pow- er. I. All outdoor lighting systems shall be designed to include an automatic shutoff control with manual override capability to reduce at least fifty percent (50%) of the energy usage of the system from twelve (12:00) a.m. until one (1) hour before daylight, unless otherwise approved by the community development director for safety or security reasons. 17.30.070 Design guidelines. Compliance with the following guidelines shall be determined by the community development director: 776 A. Lighting shall be consistent among fixtures used throughout the project so that single fixtures or small groups of fixtures shall not be of unusually high intensity or brightness such that hot spots are created. B. All lighting fixtures, including luminaires, poles and pedestals, shall be decorative, compatible with and appro- priate in scale, intensity and height to the architecture and use of the building(s) on the site and in the surrounding area. C. The correlated color temperature of the lamps shall be compatible with the architecture and use of the build- ing(s) on the site and in the surrounding area. D. All walkway lighting, public space lighting, and patio area lighting shall be kept to human scale. Bollard style lighting is preferred. 17.30.080 Certification/testing. Each lighting plan shall meet the standards and guidelines of this chapter and title, as well as those structural and electrical codes adopted by the city which may apply. The applicant’s engineer shall prepare and certify that the plan has been prepared in accordance with this chapter. The city’s lighting engineer shall review and approve the plans and certify to their compliance with this chapter and any applicable design guidelines. The city’s lighting engineer shall sig n all zoning clearances necessary to issue build- ing permits for the implementation of the lighting plans. Prior to final inspection, or where applicable, issuance of a certificate of occupancy, the city lighting engineer shall cause to be performed a field inspection of the approved lighting system for the project. The inspection shall verify the proper construction and installation of materials within the approved plan and determine the extent of any errant light- ing. Deviations and/or violations shall be corrected prior to the final clearance for the project. 17.30.090 Exemptions. The criteria of this chapter shall not apply to any of the following: A. Incandescent lamps totaling one hundred (100) watts or comparable compact fluorescent lamps used in decora- tive fixtures at entrances/exits of residences; B. Low-intensity lighting used for aesthetic purposes in order to enhance or accent building features, public art, or landscape architectural features, provided that such lighting does not result in gla re or spillover as defined by this chap- ter and is not part of a project of which a lighting plan is required; C. Athletic field lights within a public park or school campus established pursuant to special plans meeting recog- nized standards for such facilities constructed in accordance with a photometric plan for these facilities; D. Navigation beacons, aircraft warning lighting upon to wers or similar structures, hazard markers, railroad signals and crossing warning devices; E. Security lighting for prisons, jail facilities, medical facilities or special health care facilities; F. Traffic control devices; G. Seasonal lighting displays used in conjunction with special holidays or religious celebrations so long as the glare is not sufficient to pose safety hazards to pedestrians and motorists, or cause sufficient attraction to result in crea- tion of a nuisance or hazard to vehicular traffic; H. Temporary sale or special event lighting as permitted through the issuance of appropriate permits by the city; I. Repair or replacement of individual lighting fixtures, provided that the fixture and/or the luminaire repaired or replaced does not exceed the intensity of the original lighting fixture; J. Safety or security lighting within single-family residential neighborhoods recommended by police or special security inspections as part of a neighborhood watch program provided such lighting shall not create a nuisance to abut- ting properties as a result of spillover. To the extent that the prescribed lighting is not diminished in effectiveness, all such lighting shall incorporate motion detectors, photocells or similar devices to activate the special light fixtures but shall be provided with a manual switching device to override the fixture when necessary. 17.30.100 Violation—Penalties. It is unlawful for any person to install, replace, reconstruct or intensify any lighting system, for which a permit is required, upon any commercial, industrial, institutional or residential property within the city not in compliance with the provisions of this chapter. Any person who violates any provision of or fails to comply with any requirement of this chapter is guilty of an in- fraction and, upon conviction thereof, shall be punished in accordance with Chapter 1.12 of this code. 777 It shall be the responsibility of each occupant, property owner, homeowners’ association, tenant association, or property management association having jurisdiction over property to ensure compliance with the intent and provisions of this chapter. Covenants and conditions for any property association shall contain provisions for the design, review, approval and continued maintenance of lighting systems within the boundaries of such association. 17.30.110 Nonconforming systems. Lighting systems, for which valid permits have been issued, existing upon properties within any zone prior to the effective date of the ordinances codified in this chapter shall be considered legally nonconforming. As such, repair, maintenance, and replacement with like fixtures of these lighting systems shall be permitted, unless otherwise provided for within this chapter. Replacement, repair or reconstruction of twenty-five percent (25%) or more of the fixtures within an existing legal nonconforming lighting system, as determined by the community development director, shall require that the system be brought into conformity with the prov isions of this chapter. Lighting systems within single-family projects found to create a nuisance to abutting residences, adjacent open- space areas, or upon the public right-of-way, shall be corrected in such a manner as to remove the nuisance. Alterations to existing legal nonconforming lighting systems shall not be permitted except for those which result in a lighting system for the property which is more conforming, with these provisions or which reduce the level of noncon- formity. Whenever a project site is the subject of a major modification to the approved development plan as defined by this code, the major modification application shall incorporate a revised lighting system plan in order to bring the prop erty into conformance with this chapter. Chapter 17.32 OFF-STREET PARKING REQUIREMENTS* Sections: 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 non-residential 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 17.32.010 General provisions. A. Off-street parking must be maintained in conformance to the requirements of this chapter for any building or use so long as the building or use exists. B. Off-street parking standards apply at the time of the new construction, alteration, any change in use or the man- ner in which any use is conducted. C. Where two (2) or more uses are located within the same building, the parking requirements are the total of the parking requirements for each use, except as specifically provided for in this chapter. D. Tandem parking spaces are only allowed as specifically provided in this chapter. E. Charging a fee for the use of a required off-street parking space in conjunction with a permitted or conditional use is prohibited. 778 F. Outdoor unenclosed parking spaces may not be used for the repair, servicing, or storage of vehicles or materials. G. Parking of commercial vehicles in residential areas is prohibited except as allowed in Section 10.04.300. H. All new parking spaces must meet the minimum dimensional standards and parking aisle width standards of this chapter. I. When a parking standard is not indicated in this chapter, the community development director may establish the parking standard based on the type of use, location of use, number of employees, 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. J. Parking along principal or minor arterial roadway frontages shall be located and accessed from the rear of build- ings unless otherwise infeasible. 17.32.010 17.32.020 Required parking. Off-street parking spaces for new uses and for expansion of existing uses shall be provided in the quantities speci- fied below. In the calculation of required spaces, a fraction of a space greater than one-half (.5) will be counted as a whole space. Parking requirements for new uses and for expansion of existing uses fronting on High Street between Moorpark Avenue and Spring Road and Walnut Street between High Street and Charles Street are calculated under the provisions of Section 17.32.025. Use Minimum Parking Required Based on Gross Floor Area of Building (Unless Otherwise Stated) A. Agricultural 1. Wholesale nurseries, tree farms and orna- mental plant farms including container plants, greenhouse, hothouse and similar 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: 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 with up to 5 bedrooms 3 spaces in a garage for dwellings with 6 bedrooms 4 spaces in a garage for dwellings with 7 bedrooms 5 spaces in a garage for dwellings with 8 or more bed- rooms 5. Dwellings, multiple 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 mod- 8 spaces minimum. The director may increase the stand- ard depending upon the number of models 779 el complex plan/temporary office complex plan 8. Accessory dwelling units See Section 17.28.020(G) 9. Senior housing (attached or detached) re- stricted to residents 55 years old and older 0.5 spaces per unit (0.25 spaces shall be in a garage or carport) C. Commercial retail and service: Accessible parking must be provided and located in ac- cordance with California Accessibility Code. Bicycle parking at a standard of one (1) bike rack for each ten (10) vehicle spaces must be provided. Motorcycle parking must be pro- vided at a standard of three (3) spaces per one hundred (100) required vehicle parking spac- es. Location of bicycle and motorcycle spaces is subject to the approval of the community development director. All parking is calculat- ed per gross floor area unless otherwise stat- ed. 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 tenants and over 25,000 sq. ft.) 1 space per 250 sq. ft. which may be used for any combi- nation of retail, restaurant, and office uses 6. Cyber cafes, video/computer arcades, game rooms 1 space per 300 sq. ft. plus one 4-space bicycle rack per 2,000 sq. ft. of floor area 7. Commercial uses not listed, unless specific parking requirements are otherwise deter- mined by the community development di- rector 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 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, confer- 780 ence 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 oth- erwise indicated in this table 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 D. Eating and drinking places: Accessible park- ing must be provided and located in accord- ance with California Accessibility Code. Bi- cycle parking at a standard of one (1) bike rack for each ten (10) vehicle spaces must be provided. Motorcycle parking must be pro- vided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Location of bicycle and motorcycle spaces is subject to the approval of the com- munity development director. All parking is calculated per gross floor area unless other- wise stated. 1. Bars with or without entertainment includ- ing, 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, winer- ies/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 produc- tion, bottling, and distribution of bever- ages. 1 space per 500 sq. ft. 3. Restaurants and similar establishments en- gaged in the retail sale of prepared food for on-site or off-site consumption in accord- ance with the restrictions below: a. With or without entertainment and with or without consumption of beer and wine and with or without outdoor seat- ing 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 1 space per each 80 sq. ft. (including outdoor seating ar- 781 with or without outdoor seating ea) A minimum queue of 8 cars (using a 20 feet per car length) shall be provided for the drive-through lane sepa- rate from the parking space aisle E. Office and professional: 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 provid- ed. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Loca- tion of bicycle and motorcycle spaces is sub- ject to the approval of the community devel- opment director. All parking is calculated per gross floor area unless otherwise stated. 1. Banks and other financial institutions 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 in- cluding, but not limited to: accounting, ad- vertising agencies, chiropractic, collection services, dental, direct mail marketing companies, employment agencies, engi- neering services, insurance, investment, medical, optical and related health ser- vices, planning services, real estate ser- vices, secretarial services, travel agencies, and uses which the Community Develop- ment Director determines to be similar 1 space per 300 sq. ft. 4. Veterinary offices and animal hospitals 1 space per 300 sq. ft. F. Manufacturing, assembly and distribution: Ac- cessible 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 pro- vided 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 de- velopment 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 4. Manufacturing and assembly including, but not limited to appliances, cabinets, cleaners, 1 space per 500 sq. ft. 782 clothing, computers, cosmetics, detergents, electronics, furniture, leather products, ma- chinery, metal fabrication, medical and sci- entific instruments, paper, perfumes, phar- maceuticals, photographic and optical goods, plastic products, signs and advertis- ing displays, soap, textiles, welding, and other uses which Community Development Director determines to be similar. 5. Warehousing and Wholesaling 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: 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 provid- ed. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Loca- tion of bicycle and motorcycle spaces is sub- ject to the approval of the community devel- opment director. All parking is calculated per gross floor area unless otherwise stated. 1. Care facilities not in a single-family home, including adult day care facilities, Alz- heimer’s day care facilities, congregate liv- ing health facilities, child day care centers, community treatment facilities, foster fam- ily and adoption agencies, hospices, long- term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life- threatening illness, skilled nursing and in- termediate care facilities, social rehabilita- tion facilities, therapeutic day services fa- cilities, transitional housing placement fa- cilities, emergency shelters, and transition- al shelter care facilities as defined in Divi- sion 2 of the Health and Safety Code 1 space per 2 beds plus 1 space for each 500 sq. ft. 2. Clubhouses, lodges, banquet halls 1 space per 80 sq. ft. 3. Governmental uses including, but not lim- ited 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 with-1 space per 80 square feet of main auditorium (sanctuary 783 out schools 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 col- leges and universities, elementary, middle and high schools, professional and voca- tional 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 similar 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 Ta- ble 17.20.060(A)(22) when the uses are determined by the community develop- ment director to be ancillary to the office uses of the zone 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 784 17.32.025 High street area parking requirements. A. Commercial development on High Street is unique within the city and its parking must be addressed in a man- ner different than parking for other commercial development. The downtown specific plan establishes standards for development, which are unique to the downtown and High Street in particular. Parking in the High Street area (High Street from Moorpark Avenue on the west to Spring Road on the east and Walnut and Bard Streets from High Street to Charles Street) must meet fifty percent (50%) of the required parking pursuant to Section 17.32.020 of this chapter. In consideration of providing fewer parking spaces than required by Section 17.32.020, a percentage of the parking spaces provided as set forth below must be o pen 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 require d parking, pursuant to Section 17.32.020 of this chapter. The city council shall establish the fee by resolution to be used to offset a portion of the cost required to con- struct public parking facilities in the downtown area. B. All parking spaces provided above the fifty percent (50%) standard per subsection A of this section, may be designated as reserved parking. Reserved spaces become shared parking spaces after six (6:00) p.m. until two (2:00) a.m., so that those spaces are available for off -peak parking by the general public. Shared parking spaces are required in accordance with the following table. Percentage of Parking Standard Provided Percentage of Required Shared Parking 40 to 49 85 50 75 For example, if Section 17.32.020 requires one hundred (100) parking spaces and forty (40) parking spaces are pro- vided, then thirty-four (34) parking spaces must be reciprocal, and six (6) parking spaces may be reserved for exclusive use for the on-site uses of the property between two (2:00) a.m. and six (6:00) p.m. C. Reserved parking signs are required for all reserved spaces. These signs must include the time restrictions. All signing must be in conformance with Chapter 17.40 Sign Regulations. D. Properties with one or more driveways providing direct access to public streets in the High Street area as de- scribed in subsection A of this section must provide reciprocal vehicular access to adjacent properties and the general public to its shared parking spaces. E. Notwithstanding the foregoing, any property providing one hundred (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. 17.32.025 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 b elow. Waivers for loading and unloading may occur when improve- ments are to a legal nonconforming site or building and not considered to be an expansion of the no nconforming use or when the alteration of the building does not add building square footage to the use. 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. 785 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 requi rements 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-foot-high decorative block wall, measured from the highest finished grade adjacent to the wall. 3. Loading spaces must be located and designed so trucks do not back onto public or pr ivate streets or alleys or require the use of a public right-of-way for access to a loading dock, exceptions may be granted by the city in cases where alternative access is unavailable or infeasible. 3. Loading areas do not count as required parking spaces. 4. Loading spaces must be designed to prevent interference with vehicular or pedestrian circulation. 5. Loading areas shall include at least one sign stating that vehicle idling shall be limited to five minutes. Said sign shall be a minimum size of 12 inches wide by 18 inches in height and shall be prominently displayed and visible from the loading spaces/area. 17.32.040 Parking lot design standards. The following standards shall apply to all multiple family residential, commercial and industrial parking lots: A. Access. 1. All aisles and parking spaces must be on-site. Minimum parking aisle widths must be in accordance with the follow- ing table. For parking lot designs that utilize different angles than shown in the table, the minimum aisle width of the next higher angle applies. Some parking aisles may need to be wider to provide access for emergency equipment. 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″ 786 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 visibil- ity. Exits from parking lots must be clearly posted with “STOP” signs in accordance with the requirements of Chapter 17.40. 3. Paving in parking lots must be asphalt, concrete o r 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 follow- ing 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 th e 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. 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 scr eening 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 mater ials consistent with the architecture of the on-site buildings and com- bined with on-site landscaping. b. Landscaping, consisting of trees, shrubs, and ground cover low er 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. 787 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 al- lowed. When overhang parking is utilized, the depth of the parking stall may be reduced by two (2) feet. Landscaping in the two (2) foot overhang area does not count toward required landscaping. 7. Tree wells, a minimum of four (4) feet by four (4) feet, may be provided in the parking area when located be- tween parking stalls. 8. When a parking lot abuts a residentially zoned property, an eight (8) foot high decorative block wall, measured from the highest finished grade adjacent to the wall, must be provided along with a minimum ten (10) foot wi de land- scaped buffer. The business owner shall maintain the wall and the landscaping in a good con dition for the life of the use. 9. All landscaping must comply with the latest adopted city of Moorpark landscape guidelines and standards. 17.32.040 17.32.050 Parking space standards and striping. A. Parking Space Size. All measurements are the minimum requirements. 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 19* 3. Commercial and Industrial 9 19* 4. Motorcycle 4.5 7 5. Parallel 9 24 6. Compact 8 16 Limited to 25% of the required parking and subject to approval per Section 17.32.060 *Parking stalls may be reduced to 17 feet in depth when a two-foot landscaped planter is provided for vehicle over- hang. B. Parking lots must be designed so that no veh icle has to back out into a street in order to leave the lot or to ma- neuver out of a parking space. Circulation of vehicles among parking spaces must be accomplished entirely within the parking lot. Each parking space must be clearly marked with paint striping at least two (2) i nches wide. C. Tandem parking spaces may be provided in garages for single-family residences over two thousand eight hun- dred (2,800) square feet for a required third parking space, provided that the spaces meet the same minimum width and depth requirements, and do not exceed a two (2) vehicle depth. Tandem parking spaces may also be provided in garag- es for residential uses to provide parking in excess of required parking. D. Carports, garages, parking areas and driveways must be paved with concrete or oth er durable material approved by the community development director. Asphalt paving for garages and driveways to single-family homes and duplex homes is not allowed. 788 17.32.060 Parking lot restriping. Parking lot restriping plans identifying the proposed changes to the parking area must be submitted for review by the community development department. The property owner or an authorized representative shall obtain a zoning clear- ance from the community development director prior to restriping. The issuance of a zoning clearance will be based on verification of compliance with parking standards in effect at the time the original entitlement for site development was granted. However, when habitable space is added to an existing building, the approval of a permi t to restripe will be based on verification that the new parking spaces comply with the current parking standards and that any existing non- conforming spaces do not increase the nonconformity. Approval of a zoning clearance for parking lot r estriping is re- quired when one or more of the following are proposed for any developed sites within the city: A. Resurfacing of an existing parking lot with no changes to the con figuration of drive aisles and parking spaces. B. Restriping of an existing parking lot with or without changes to the configuration of drive aisles and/or the number of parking spaces. C. Modifying, adding and/or altering the existing on -site parking lot landscaping (e.g., landscaped planters). 17.32.070 Parking lot landscaping. A. A minimum of ten percent (10%) of the parking area must be in landscaping. This landscaping will be counted toward the total required landscaping for the project site. Land scaping in a raised planter, when counted as the over- hang area for a vehicle, will not be counted toward the required landscaping of the parking area. Landscaping of park- ing areas within multiple family residential, commercial and industrial zones must meet the requirements of the latest adopted city of Moorpark landscape standards and guidelines. B. For properties along High Street from Moorpark 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 count- ed toward meeting a portion or all of the landscaping for the site if the pro perty owner agrees to maintain such land- scaping. C. Excessive tree trimming, which limits the height and/or width of the tree canopy and results in a reduction in required shade coverage for parking lot areas, is prohibited. D. Landscaping at aisle intersections and site entrances/exits must meet the visibility requirements of Section 17.32.050(A)(2). E. All landscaping in and adjacent to parking areas must be in raised planters surrounded by six (6) inch high port- land cement concrete curbs. When a parking stall is located adjacent to a planter, a one (1) foot wide por tland cement concrete area adjacent to the planter curb must be provided. F. Underground parking and multi-floor parking facilities shall provide enhanced landscaped areas at the entrance and exits of the underground facility, equal to at least 2% of the parking area, unless fully enclosed and screened within a building. Landscaping that cannot be provided adjacent to the entrance and exit to the parking structure shall be in- corporated on the project frontages. 17.32.080 Drive-through facilities. Initial installation, modificati on or additional drive-through facilities may require a pproval of a conditional use permit, a permit adjustment or mod ification to an existing cond itional use permit. The requirements outlined be- low apply to applicati ons requesting initial installation, mo difications or ad ditional 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. 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 a ffected. All gates must use the E-Key System or alternative approved by the community development director and city engi- neer/public works director. An E-Key System means a remote radio-controlled receiver gate operation system of a type 789 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 pe rsonnel. 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 deve lopment permit by the community development director. Public parks and other public use facilities must not be located within a gated residential com- munity. Pedestrian access may be required as part of the gate design when, in the opinion of the community develop- ment director, it is necessary to serve the community in which the gated area is located. At a minimum, the gates must be designed to: 1. Operate electronically, opening automatically by use of a controller or remotely through a directory keypad; 2. Include a battery back-up which allows for at least three (3) hours of operation in the event of a power outage; 3. Lock in the open position in case of emergency; 4. Provide an electronically operated device equipped with both an E-Key System, and a key switch device or key vault device to the city, police, fire and utility services that would allow vehicular access through the gated area; 5. Be electronically operated or key controlled if pedestrian access is provided within the vehicular gate design; 6. Be architecturally compatible with the residential development and to be constructed of a durable, long-lasting, and low maintenance materials. B. Nonresidential Uses. Gates that control vehicular access to a nonresidential site are subject to review and ap- proval as part of a planned development permit process or by permit adjustment of an approved planned development permit by the community development director. The gate height must be consistent with the wall/fencing requirements of the zone in which the property is located and must be located in such a manner as to be aesthetically compatible with the design of the building(s) on the site. Any gates approved for nonresidential uses must be constructed in accordance with city standards. 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 duri ng business hours must meet the requirements of Section 17.32.090(A). C. The community development director has the discretion to require applications for any gates to be reviewed by the planning commission. 17.32.100 Residential access and operable motor vehicles. A. Residential Access. Access to park ing spaces for dwellings must be at least ten (10) feet in width through- out and paved with a minimu m of two and one-half (2 1/2) inches of a sphalt or concrete, except that a center strip over which the whe els of a vehicle will not normally pass need not be paved, prov ided that the access complies with the requir ements of the V entura County Fire Protecti on District. For flag lots, the minimum access width is twenty (20) feet. Driveways ser ving more than two (2) dwelling units must be at least eigh teen (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 mat erials) adjacent to the driveway. Additional paved area for parking purposes must be connected to a city approved access and driveway, may not exceed fifty per- cent (50%) of the area covered by the existing driveway and may not, when combined with the existing driveway, be greater than thirty (30) feet in total width. 17.32.100 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 engine er may approve an ad- ministrative 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. 790 B. The second driveway must be at least forty (40) feet from the back of the curb return and at least forty (40) f eet from the first driveway. C. The driveway must be set back at least ten (10) feet from any driveway on an adjacent property. D. Construction of a second driveway off of a public street requires the issuance of an encroachment permit. Con- struction of second driveways must meet city standards. 17.32.120 Recreational vehicle and trailer parking and storage standards. A. Recreational vehicle and trailer parking and storage are allowed on residentially-zoned lots when the following standards are met. Storage implies on-site parking without moving the vehicle for more than 72 hours. 1. A self-propelled recreational vehicle used by the resident for daily or frequent transportation may be parked on the driveway so long as it does not overhang into the public or private right-of-way. 2. Parking or storage of a recreational veh icle or trailer is only allowed when the vehicle is parked o n a paved sur- face in the side yard, but not in a street side yard. 3. If the recreational vehicle is parked or stored in the side yard, it must be adjacent to the dwelling or garage and must not extend or protrude beyond the front line of the dwelling or garage, whichever is adjacent to the parking area, and must be parked at least three (3) feet from the side property line and shall be screened by mature landscape that shall not protrude, overhang or impede onto the property line. 4. Parking or storage of a recreational vehicle in the rear yard, unless the garage is located in the rear yard, is pro- hibited except as permitted by Section 17.32.120(B). 5. The recreational vehicle or trailer must be owned by and registered to a resident of the property on whic h it is parked or stored. 6. In all cases the recreational vehicle(s) must be screened from view from the street by a six-foot high decorative, opaque gate 7. Additional limitations for on-street parking are required by Section 10.04.220. B. The community development director may, through the approval of an administrative permit, allow parking or storage of a recreational vehicle when it is owned and registered to the property owner, in the street rear y ard. The ap- plicant must provide proof, to the satisfaction of the director, that the recreational vehicle parking/storage met and is compliance with the legal requirements in effect at the time the vehicle was first parked/stored. 17.32.130 Relief from Parking Requirements A. An application for relief from the parking provisions of this article shall be filed and processed in the same man- ner as the application for the permit or approval for the project, activity or use as to which administrative relief is sought may be appealed in accordance with the procedures for appealing the grant or denial of the permit, license or entitlement for the use that is subject to the parking provisions from which B. Administrative relief from the parking provisions of this article shall be granted by the decisionmaker for the proposed use under the following circumstances. 1. Shared parking - Parking spaces may be used jointly by uses with different hours of operation or different peak hours of operation. Requests for shared parking shall meet the following requireme nts: (a) The applicant shall submit a parking analysis, demonstrating that the parking demands for the uses for which shared parking is requested will not conflict. The parking analysis shall be prepared in accordance with the parking study guidelines, on file with the community development department. (b) The parking study shall address the following items: (1) Size and type of uses; (2) Composition of tenants, patrons, clients, employees and visitors of uses; (3) Rate of turnover of proposed shared spaces; and (4) Traffic and parking loads for uses, including peak hours. (c) The number of parking spaces that may be credited against the requirements for the uses or structures in- volved shall not exceed the number of spaces reasonably anticipated to be available during the different hours of opera- tion of each joint use. (d) Shared parking spaces shall not be located farther away from any use served than 750 fee t. (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 791 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 t o 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 amen d or terminate the agreement so that the user no longer has sufficient parking to satisfy the parking requirements in effect at the time the agreement was accept- ed by the city. 3. Compact parking spaces - An applicant may request administrative relief in the form of providing compact parking spaces in lieu of some of the full-size parking spaces required for a proposed use, or in the form of converting some full-size parking spaces existing on the site of a proposed use to compact parking spaces; provided, however, that no more than 25 percent of required full-size parking spaces shall be replaced by compact parking spaces. The appli- cant shall accompany the request for administrative relief with a landscaping plan and a parking plan as required by th is article and a parking study prepared by a professional traffic engineer registered by the State, demonstrating that a cer- tain amount of compact parking is appropriate for the site and the pr oposed use. The proposed compact parking spaces, parking bays and parking aisles shall be designed in accordance with standards adopted by the director. The deci- sionmaker may deny all or part of the requested administrative relief on the ground that compac t parking spaces create inconvenience to drivers, impair safety or traffic circulation on the site, or do not meet the parking needs anticipated for the proposed use. 4. Decrease in required parking spaces - Required parking may be decreased when the requirement is shown to be excessive. A request for a decrease in required parking spaces shall meet the following requirements: (a) The applicant shall submit a parking study prepared by a professional traffic engineer registered by the State, demonstrating that the required parking is excessive and showing the amount of parking that should be required for the use. The parking study shall be prepared in accordance with the parking study guidelines, on file with the development services department. (b) The parking study shall address the following i tems: (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 or carports, some parking spaces may be provided uncovered or in carports, as determined by the decisionmaker on the basis of findings tha t un- covered parking spaces or carports will improve the appeara nce of the project by reducing the number of garages or carports and creating more open vistas or landscaped or recreational areas within the project; provided, however, that despite such waiver at least one parking space shall be provided in a garage or carport for each residential unit; and further provided that the decisionmaker may deny all or part of the requested administrative relief on the ground that the benefits of providing some or all required parking spaces in garages or carports are more important than an im- provement in the appearance of the project or an increase in open vistas or landscaped or recreational areas in the pro- ject. If administrative relief is granted to allow some parking spaces to be provided in carpo rts, the carports shall be open on all sides, and the design and construction of the carports shall be subject to the approval of the director. C. Required findings for approval - In order to approve a request for relief from parking requirements, the deci- sionmaker must find that: (a) The size, location, manner, and number of spaces provided is adequate to serve the existing and proposed use(s); (b) Granting the request for relief will not result in an undue burden to adjacent properties; and (c) The request for relief is consistent with the provisions of Section 17.32.130. (d) Off-site parking shall not impact residential uses that may be adjacent to the proposed shared parking area. 792 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. Chapter 17.36 STANDARDS FOR SPECIFIC ZONES AND ZONE TYPES Sections: 17.36.010 Standards for all zones. 17.36.020 Standards for open space, agricultural and residential zones. 17.36.030 Reserved. 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 co nditions 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, elec- tricity, natural gas, fire and police protection, recreational facilities, schools and the like); 12. Land—unique natural land features and natural resources; 13. Noise—increase in noise levels; 14. Orderly development principles; 15. Paleontology; 16. Population growth inducement; 17. Relationship of the site to surrounding properties; 18. Scenic highways; 19. Seismic hazards; 20. Soil stability; 21. Solar access; 22. Topography; 23. Vegetation—impacts on unique native, ornamental or agricultural plant populations; 24. Visual quality; 25. Water—degradation of quality or reduction in supply; and 793 26. Crime prevention issues such as: building security, adequate lighting, defensible space, etc. B. Sewage Disposal. Sewage disposal for all requested uses and structures shall be provided by means of a system approved by the Environmental Health Division and the Division of Building and Safety. C. Fire Protection. Dwellings shall meet all fire protection requirements of the Ventura County fire protection dis- trict, including all requirements for co nstruction within high fire hazard area as set forth in the city building code. 17.36.020 Standards for open space, agricultural and residential zones. A. General Standards. The following standards shall apply to development in all O-S, A-E and R-Zones: 1. Except as otherwise provided in this title, there shall not be more than one (1) princ ipal residential structure on any lot. Not more than two (2) dwellings of any type shall be constructed on any lot in the R-2 zone. 2. No accessory structure other than an accessory dwelling unit, temporary mobile home/recreational vehicle dur- ing construction or a farm worker dwelling may be used for h uman habitation. B. Commercial Vehicles Prohibited in Residential Zones. It is unlawful for any person to park or leave standing a commercial vehicle having a manufacturer’s gross vehicle weight rating of te n thousand (10,000) pounds or more (ex- cluding vehicles dedicated for handicapped use) on any private or any public property in a residential zone, when the parking is not connected with work or service to a property which reasonably requires the presence of the commercial vehicle in the residential zone, or for more than the time reasonably necessary to carry out such work or service to the property. 17.36.030 Reserved. 17.36.040 Standards for commercial zones. A. The following standards shall apply to development in all commercial zones: 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 ou tdoors in order to func- tion. 2. Lighting. There shall be no illumination or glare from commercial sites onto adjacent properties or streets which may be considered either objectionable by adjacent residents or hazardous to motorists. Flashing lights are strictly pro- hibited. 3. Undergrounding of Utilities. Utility lines, including electric lines of less than 67 kilovolts (kv), communica- tions, street lighting and cable television, shall be placed underground by the applicant, who shall make the necessary arrangements with the utility companies for the installation of such facilities. This requirement may be waived by the director of community development where it would cause undue hardship or constitute an unreasonable requirement, provided that such waiver is not in conflict with California Public Utilities Commission rules, requirements or tariff schedules. This section shall not apply to utility lines which do not provide service to the area being subdivided. Appur- tenant structures and equipment such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets may be placed above ground. Utility lines of greater than 67kv shall not be required to be undergr ounded un- less otherwise identified in a utility underground district. 4. Retail Establishments. Retail establishments may include accessory wholesaling, but not wholesale distribution centers. 5. Processing Standards. Not more than five (5) employees sh all be involved in the permitted manufacturing, pro- cessing or packaging of products. Such activities shall be permitted in commercial zones only as accessory to a princi- pal retail use. 6. Performance Standards. Development in commercial zones is subject to the performance standards of this title. B. Outdoor Storage. Outdoor storage of materials and equipment shall be permitted in the C-P-D zone only when approved as part of an entitlement, provided that such storage area shall be completely screened from view from any adjoining property or roadway by a solid wall or fence at least six (6) feet in heigh t and shall be appropriately land- scaped and maintained in good condition. (The director of community development shall determine the actual height based upon field inspection of the site. In no case shall the stored material exceed the height of the screen wall.) C. Accessory Businesses in C-O Zone. In the C-O zone, accessory barber shops, beauty shops, coffee shops and newsstands may be located in an office building, provided that there are no entrances direct from the street to such businesses, no signs or other evidence indicating the existence of such businesses visible from the outside of any such 794 office building, and provided that such building is of sufficient size and character that the patronage of su ch businesses may be expected to be furnished substantially or wholly by tenants of the office building. 17.36.050 Standards for industrial zones. A. The following standards shall apply to development in all industrial zones: 1. Undergrounding of Utilities. Utility lines, including electric lines of less than 67 kilovolts (kv), communica- tions, street lighting and cable television, shall be placed underground by the applicant, who shall make the necessar y arrangements with the utility companies for the installation of such facilities. This requirement may be waived by the director of community development where it wou ld cause undue hardship or constitute an unreasonable requirement, provided that such waiver is not in conflict with California Public Utilities Commission rules, requirements or tariff schedules. This section shall not apply to utility lines which do not provide service to the subject parcel or project. Ap- purtenant structures and equipment such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets may be placed aboveground. Utility lines of greater than 67kv shall not be requ ired to be undergrounded un- less otherwise identified in a utility underground district. 2. Private Streets. Private streets may be built as part of an indust rial development, in accordance with Chapter 17.32. 3. Industrial Performance Standards. Industrial performance standards are the permitted levels of operational char- acteristics resulting from processes or other uses of property. Continuous compliance with the following performance standards shall be required of all uses, except as otherwise provided for in these regulations: a. Objectionable Factors. The following shall be maintained at levels which are appropriate for the zone and geo- graphic area and are not objectionable at the point of measurement when the use is in normal oper ation: 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 owner- ship line surrounding the use. b. Hazardous Materials. Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials shall comply with all applicable local and national safety standards and shall be provided with ad- equate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with Ventura County fire prevention regulations. The burning of waste materials in open fires without written approval of the fire department is prohibited. c. Liquid and Solid Wastes. Liquid or solid wastes discharged from the pre mises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial pro- cesses in sewage treatment. The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other in- dustrial wastes shall not be permitted on any premises. d. Exceptions. Exceptions to these regulations may be made during brief periods for reasonable cause, such as breakdown or overhaul of equipment, modification or cleaning of equipment, or other similar reason, when it is evident that such cause was not reasonably preventable. These regulations shall not apply to the operation of motor vehicles or other transportation equipment unless otherwise specified. B. M-1 Zone. The following regulations shall apply to the M-1 zone: 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. 795 3. Multitenant buildings are permitted, provided that the building is designed to appear as a single building with a unified design. 4. Principal buildings constructed of metal are not permitted. Accessory buildings constructed of metal shall have exterior surfaces of a stainless steel, aluminum, painted, baked enamel or similarly finished surface. All metal buildings designed for industrial or commercial uses in the industrial zones shall meet the following design guidelines: a. Environment. All metal buildings shall be arch itecturally compatible with the surrounding buildings as to shape, exterior materials and details, size, shape and location of windows and doors, distance between buildings and orienta- tion to streets. b. Building Form. i. Single uninterrupted wall panes shall be softened with the use of staggering vertical walls, roof overhangs, pi- lasters and deep reveals at construction joints. ii. Large rectangular forms shall be softened with curved corners. iii. Contrasting colors, patterns, textures and finishes shall be used to add variety and interest to metal structures. iv. Other materials such as masonry, brick, concrete or wood can be combined attractively to define scale. c. Windows and Doors. Recessed openings shall be used to provide contrast by varying pattern s of shades, sun- light and depth. d. Roofs. i. A variety of roof shapes and forms shall be utilized to add character and diversity. ii. Appearance of roofs shall be improved with the use of steeper roof slopes and int egrated facias, darker colors, concealed fasteners, and other treatments. iii. Mechanical equipment shall be screened with parapet walls, mechanical recesses, or other means. 5. Accessory outside storage shall be confined to the area to the rear of the principal building or the rear two-thirds of the property, whichever is the more restrictive, and screened from view from any property line by appropriate walls, fencing, earth mounds or landscaping. 6. Off-street parking spaces may be located within required setbacks from streets under certain circumstances; see Section 8106-5.3. C. M-2 Zone. The following regulations shall apply to the M-2 zone: 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 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 con- structed or faced with a stainless steel, aluminum, painted, baked e namel, 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 appr opriate 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 circu mstances; see Section 17.24.060(C). D. Minimize impact on adjacent uses. To minimize adverse impacts on adjacent uses and enhance the visual char- acteristic of the area, all industrial uses shall adhere to lighting design standards required in Section 17.30.065 and uti- lize masonry walls or landscape screens as required in Section 17.24.040(F). 17.36.050 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 follow- ing shall also apply in the P-C zone: a. Adequate separation of different types of uses shall be maintained in order to provide for landscaping and screening, and to avoid potential adverse impacts from one use on another due to noise, lighting, odors, vibration and the like. b. The following uses are permitted in the P-C zone: i. Crop production; ii. Growing, packing, storage and preliminary processing of crops, where no structures are involved; 796 iii. Produce stands (see Chapter 17.28); iv. The keeping of animals, provided that a conditional use permit shall be obtained from the planning commission for any structures for animals. The addition of any other uses is not permitted unless a specific use zone which permits or conditionally permits the proposed use is adopted for the subject area. The requested zone must be in conformance with the adopted preliminary development plan. c. Trash enclosures shall be protected from animals and architecturally screened in such a manner as to conceal their contents from public view. 2. Procedure and Conditions for Permits. a. An application for rezoning to P-C shall include a preliminary development plan indicating the location and approximate acreage of all residential, commercial, industrial, institutional and other uses, prop osed residential densi- ties, site topography and a general circulation plan. The zone change and preliminary development plan shall be approved concurrently by the city council and said plan shall be incorporated into the rezoning ord inance. All subsequent permits shall be in compliance with the approved preliminary development plan. Any changes to an approved preliminary development plan which are deemed by the director of community development to be substantial shall be subject to the same procedural requirements as the origi- nal zone change to P-C. b. An application for rezoning to P-C shall also include the following maps and reports: 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 comm unity services) and community services (e.g., law enforcement, fire sup- pression, health and welfare services). The reports for these systems, facilities and services shall state the name of the responsible agency, present capacity of the system, pr esent 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 a ssume responsibility, proposed capacity of the system, and projected demand of the entire project upon completion. v. Reports that describe the cost revenue relatio nships 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 sectio n may be waived, or their content re- duced, at the discretion of the director of co mmunity 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 subsec- tion A of this section, the city may require additional standards, procedures and conditions as d etermined to be appro- priate by the city. Chapter 17.38 HILLSIDE MANAGEMENT Sections: 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. 797 17.38.100 Grading standards. 17.38.110 Landform grading standards. 17.38.120 Hillside street standards. 17.38.130 Landscapes 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 aes- thetic relief to the viewscape from virtually every location in the city. The intent and purpose of this cha pter is to im- plement the goals and policies of the general plan and the various elements contained therein as they relate to develop- ment and resource management in hillside areas within the city. The pr ovisions 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 acti vity, 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 manufac- tured slopes; E. To allow density transfers, where appropriate, to facilitate development in more appropriate locations while retaining significant natural slopes and areas of environmental sensitivity; F. To substantially retain the integrity and natural grade elevations of the significant natural ridgelines and promi- nent landforms that, in aggregate, form the city’s skyline backdrop; G. To the maximum extent possible, preserve the view from the valley floor and make every effort to maintain the original view of the site. 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 par- cels that fall within the definition of a hillside area shall comply with all procedures, standards, and findings contained in this chapter. 17.38.030 Exemptions. Parcels containing only isolated landform features and drainage courses that contain slopes greater than twenty per- cent (20%) are not considered a hillside area and are exempt from this chapter if one of the following is met: A. In the case of multiple isolated landforms on the same property, such isolated landforms shall be physically separate topographic features that are not a component of a significant ridgeline or any other prominent landform; B. Properties which contain slopes of twenty percent (20%) or greater which are associated with minor drainage courses not indicated on the United States Geological Survey (U.S.G.S.) maps as intermittent or pere nnial (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 exten sion 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, 798 2. A reduction in lot size below the minimum lot size established for the zone or b elow a size previously approved by the planning commission or city council, 3. An increase to the vertical height or horizontal width of manufactured slopes that alters the plan to a level that may be inconsistent with what was originally approved, 4. An increase to building bulk or site/lot coverage that alters the plan to a level that may be inconsistent with what was previously approved, 5. A combination of minor alterations that represents substantial, cumulative changes to the project, or other simi- lar modifications to the previously approved project that significantly changes the design or character of the project; E. Construction of a residential dwelling unit, or additions thereto, and accessory building(s) on a legally subdivid- ed, residentially zoned parcel as of the date of adoption of this chapter, which does not involve grading for structures on visually prominent ridgelines or on land with a slope in excess of twenty percent (20%), or grading in excess of one thousand (1,000) cubic yards; F. Modification of or addition to an existing single- family dwelling and accessory building including second dwelling units on an existing parcel created prior to the date of adoption of this chapter. This exemption shall not in- clude an increase in the number of units/lots or changes in use; G. Construction of additions to commercial/industrial buildings which will not add more than ten percent (10%) in floor area and an expansion of less than five thousand (5,000) square feet, whichever is less; H. Grading for agricultural purposes, pursuant to a grading permit reviewed by the planning commission following a duly noticed public hearing; I. Lot line adjustments, lot mergers or condominium conversions involving existing structures, issued pursuant to local ordinance; J. Fire breaks and fire roads required by the Ventura County Fire Department; K. Recreation trails for pedestrian or equestrian purposes constructed by or pursuant to the requirements of the city; L. The replacement or reconstruction of structures which are destroyed or damaged by fire or earthquake or other natural disaster; M. Properties having development agreements that exempt them from the provisions of this chapter. 17.38.040 Definitions. Words and phrases in this chapter have the mea nings set forth in this section. “Contour grading” means a grading technique which utilizes curvilinear, horizontal, and vertical undulations in or- der to simulate the characteristics of natural topography. “Daylight grading” means a grading technique which designates an existing natural contour as the transition line between a manufactured pad for development and the adjacent natural slope face and which eliminates the need for fill slopes along the exposed edges of the development pad. “Density transfer” means an increase in density on one portion of property to a level that may exceed the underlying general plan designation of that portion of the property while maintaining a gross density over the entire property that is consistent with the underlying general plan design ation. “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 stru cture based on mini- mum setback requirements and maximum building height limitations for the zone within which the project is located. These envelopes may be utilized to evaluate visual impacts when specific architectural plans are not provided for sub - division review. “Isolated landform” means a parcel which has an isolated topographical feature having a slope of greater than twen- ty percent (20%) which has a horizontal run of less than two hundred (200) feet and a vertical rise of less than fifty (50) feet. “Manufactured slope” means a slope created by grading that consists of cut and/or fill material. 799 “Mass grading” means a grading technique in which all lots, b uilding pads and streets are generally graded over the entire area resulting in the disruption of the majori ty 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 a ccessory structures. Prominent landform or ridgeline. A visually “pr ominent landform or ridgeline” means any landform visible from the valley floor which forms a part of the skyline or is seen as a distinct edge against a backdrop of land at least five hun- dred (500) feet horizontally behind it (see Ridgeline Map). “Slope face” means the slopes located directly below, or leading up to, the crest of a sig nificant ridgeline or promi- nent landform. “Slope steepness” means the relationship (the ratio) between the change in elevation (rise) and the horizontal dis- tance (run) over which that change in elevation occurs. The percent of steepness of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by one hundred (100). “Subdivision development plan” means specific development plans for an unapproved tentative map, including, but not limited to: plot plans, building elevations, grading plans and landscape plans applicable to individual lots within a tentative map. “Valley floor” means that area of the city as shown on Exhibit A of this ordinance. Exhibit A is not codified but is kept on file in the office of the city clerk. 17.38.050 Processing procedures and submittal requirements. A. At the time an applicant applies for a tentative map, conditional use permit, site plan review or other discretion- ary approval of a project in a hillside area, the applicant shall submit the items and information listed in paragraph C of this section to the department of community development. The list is not all inclusive and additional inform ation 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 r equirements 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 hil lside 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 di scretionary pro- ject. The decision of the applicability of this chapter to a parcel or parcels of land shall be made to the director of com- munity development prior to the determin ation of completeness of the application for the discretionary project. C. Application submittals for development projects in hillside areas may include, but are not limited to, the re- quirements listed below. Additional information or studies may be required if deemed necessary under California Envi- ronmental Quality Act (CEQA) review procedures and other local, state, or federal laws. 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 regist ered civil engineer, licensed land surveyor, or other qualified professional. Such map shall provide the following information: a. The map shall be based on contour inter vals 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 iden- tified in clearly distinguishable graphic representations (i.e., shading, pattern, numerical highlighting within clearly defined slope category boundaries, etc.) on the slope map, c. Individual contours shall be clearly indicated on the slope map, or such map shall be augmented by a clear my- lar overlay, of the same scale as the slope map, which clearly indicates individual contours. The slope and topographic overlay maps shall extend two hundred (2 00) feet off-site in order to incorporate the topography of all abutting proper- ties as it relates to the proposed site, d. The slope analysis shall specifically identify and calculate the slope percentages for each individual topographic feature. Horizontal runs used to calculate slopes shall be limited to each individual feature, e. Total land area within each category shall be indicated on a table to be provided on a legend on the map; 2. Grading Plan. 800 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 man ufactured slopes, proposed drainage patterns, meth- ods of storm water detention/retention, and identification of areas to rem ain 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 adja- cent property is improved, the plan shall show: pad elevations, street grades, wall sections, and any approved or exist- ing improvements immediately adjacent to the subject property shall also be shown, b. One (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, pano ramic photographs of the project site with an overlay of scaled rendering(s) of the conceptual project designed to depict project appearance when viewed from the valley floor within the city; 5. Building Envelopes. Horizontal and vertical building envelopes or plot plans/building elevations may be re- quired for subdivisions where visual impacts are being evaluated; 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 sy stems shall be considered during project review. A pedestrian circulation and trail plan may be required if alternatives to standard sidewalks are proposed; 7. Required Technical Reports. In any area proposed for development which falls under the jurisdiction of this chapter, certain technical reports shall be required. Such reports will be used to determine the suitability of the subject site for development and suggest special construction and design measures necessary to mitigate identified problems which may endanger the public health, safety or welfare. These reports shall be submitted at the time that the applica- tion is submitted. a. Soils Engineering Report. A soils engineering report shall be submitted with each application for d evelopment 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 poten tial for liquefaction, degree of seismic hazard, conclu- sions and recommendations for grading procedures consistent with these regulations, design criteria for any iden tified corrective measures and opinions and recommendations covering the adequacy of site s to be developed, b. Geologic Report. i. A geology report shall be submitted with each application for development under the requirements of this chap- ter. Such a report shall include, but not be limited to, the surface and su bsurface geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, opinions and recommenda- tions covering the adequacy of sites to be developed and design criteria to mitigate any identified geologic hazards con- sistent with this chapter, ii. The investigation and report shall be completed by a profe ssional geologist registered with the state of Califor- nia 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 requir ements 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 hydrol ogic condi- tions on the proposed development, opinions and recommendations covering the adequacy of the sites to be developed and design criteria to mitigate any identified h ydrologic hazards consistent with these regulations. This report shall also account for runoff and debris from tributary areas and shall provide consideration for each lot or dwelling unit site in a development. Runoff and debris volumes shall be computed using the County of Ventura flood control district criteria, ii. The investigation and report shall be completed by a registered civil engineer certified in the science of hydrol- ogy and hydrologic investigation, d. A drainage plan, including text, maps, and diagrams, shall be submitted to the city as part of any formal applica- tion for development under these regulations. 801 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 Hau ling Plan. A construction schedule, construction parking plan and hauling plan to be used and submitted to the community development department for review and approval for import- ing and exporting material; 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 accord- ance 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. 17.38.060 Density transfers. Permissible densities on steeper portions of a property may be transferred to portions of the property. A. Density Transfer Review Criteria. A transfer of density shall be found suitable for a particular site only if the proposed density transfer complies with the following standards: 1. Design of the density transfer minimizes impacts on adjacent areas. 2. The physical location is suitable for a higher density project. If available, natural physical features shall be uti- lized to visually and physically separate higher density housing from nearby areas that are developed at lower densities. 3. On sites where physical separation utilizing natural features is not feasible, buffering techniques shall be uti- lized to ensure that density transfer does not result in negative impacts upon existing neighborhoods of a lower density or rural development pattern. Appropriate buffering techniques may include, but are not limited to: a. Incorporation of larger lot sizes/patterns which are consistent with immediately adjacent neighborhoods; b. Utilization of architectural styling, fence details, landscape and lot patterns, or similar features that are compati- ble with those found in adjacent areas; c. Establishment of buffer areas of appropriate size to ensure that transition of densities is gradual in order to min- imize incompatible mixing of development types associated with various intensities of development. 4. The site receiving the density transfer requires less grading, and is less steeply sloped, ecologically se nsitive, and less prominent. 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 plat- eaus, valleys and similar natural landforms. Implementation of this section will ensure that the natural form and eleva- tions of the city’s backdrop will be retained. B. Requirements. All applications for development proposed in hillside areas shall be subject to the standards and procedures set as follows: 1. Parameters for Requirement of a Visual Impact Study. A visual impact study will be required for projects locat- ed on the crest or slope face of a prominent landform or ridgeline that are physical components of the topographic fea- tures and which form an integral part of the city’s natural skyline backdrop. 2. Review Standards. The criteria listed below shall be utilized in evaluating projects located on the crest of the slope face of a prominent landform or ridgeline forming the city’s skyline backdrop. a. All development proposed on prominent landforms or ridgelines, as defined herein, shall be designed to sub- stantially retain the natural contour elevations of these features as viewed from vantage points on the valley floor within the city. b. Grading to substantially reshape prominent landforms and ridgelines that form a component of the city’s skyline backdrop shall be minimized wherever possible and shall be subject to the provisions of subsection (c) of this section. 802 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 upon which it is constructed. In determin- ing whether a project complies with this requirement, a project must be found consistent with the following criteria: i. On steep natural grades, foundations and floor plans shall be designed with multilevels to change elevations with natural contours. ii. Roof planes shall vary rather than be angled in one direction. The main building mass, including gabled sections of roof structures, shall face away from lower lying areas. 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 vegeta- tion. vi. Structural setbacks from the edge of natural slopes shall reduce v isual prominence of structures. vii. Berming and tree massing near the landform crest shall be utilized to blend in with the natural lan dforms and to screen view of the structure from lower lying areas. 17.38.080 Slope categories. The overall number of units allowed on a property shall be based on the summation of the total number of units al- lowed by the general plan with density transfers permissible for development in slope areas which exceed twenty per- cent (20%). Where density transfers are not feasible, additional open space may be dedicated anywhere within the pro- ject boundaries to compensate for the development of steeper slopes as outlined below: Slope Categories Open Space Dedication 20 to 35% 35% open space * 35 to 50% slope 50 plus percent open space * 50 percent or more slope Density transfer required, except as delineated otherwise in Section 17.38.090 * The open space required shall be dedicated from the land which contains the slopes in question. The open space re- quired by this section is in addition to any minimum percentage already required by the city general plan. 17.38.090 Slopes greater than fifty percent standards. No construction or grading shall be permitted in areas containing slopes of fifty percent (50%) or greater except un- der the following circumstances: A. Development is proposed on isolated peninsula- shaped fingers of fifty percent (50%) slope within an otherwise developable area of lesser slopes; B. The grading involves the filling of small ravines or drainage courses not shown on the U.S.G.S. maps as inter- mittent or perennial streams which contain ancillary slopes of fifty percent (50%) or greater if said ravine or drainage course is not deemed a significant biological area (as determined by the environmental study for the project) and if measures to convey surface water are proposed to the satisfaction of the city engineer; or C. The grading involves the construction of roads if the fifty percent (50%) slope area is an isolated landform as defined in Section 17.38.040 of this chapter, or if no other reasonable alternatives are available and all hillside street design criteria are met as specified in Section 17.38.130 of this chapter. 17.38.100 Grading standards. A. Purpose. The standards contained in this section are established to ensure that grading techniques are utilized which reduce erosion potential, minimize visual impacts, promote use of development patterns and street desig ns that follow natural contours, and minimize length and width of manufactured slopes. These regulations are meant to com- plement Chapter 70 of the Uniform Building Code. B. Grading Standards. Except as otherwise permitted pursuant to this chapter, no project in a hillside area shall be permitted unless the project, or the project as modified with conditions, complies the following standards: 803 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 land- scape assessment areas and public rights-of-way and shall not exceed thirty (30) feet in height. 3. When a proposed subdivision contains average net lot sizes exceeding twenty thousand (20,000) square feet, lot grading shall be limited to building pad and related functional yard area which may not exceed one hundred percent (100%) of the size of the pad area. Flat pad grading of the entire lot is prohibited. The grading plan submitted for pro- ject review shall clearly delineate graded and natural portions of proposed lots. 4. Grading on the perimeter of the site shall not be designed with perimeter downslopes to property lines unless a homeowner’s association, slope maintenance district, or similar entity is established for maintenance of such downslopes. For interior slopes between lots, man ufactured building pads shall be designed with up-slopes to property lines. 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 dw elling wall to the top of a manufac- tured slope or retaining wall. 6. Manufactured slopes greater than ten (10) feet in height shall be rounded at the top and at the toe of slope to simulate natural topography. The approving authority may exempt side slope s 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 fo llow natu- ral contours, utilizing such techniques as stepped foundations and split-level floor plans. 9. For projects on property defined in this chapter as a hillside area, and whe re 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 de pth 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 a llowed under this chapter, and which abuts five (5) or more lots, shall re- quire the creation of a homeowners association or other maintenance entity with provision for the collection of f ees or assessments designated specifically to pay costs associated with the maintenance of all slopes falling under this catego- ry. The slope maintenance entity, rather than individual property owners, will be responsible for maintenance of such slopes. The tentative tract map shall be designed in such a manner that provides access to the slopes by assessable easements and which avoids the necessity of gaining access to the slopes through individual lots. No fences shall be permitted between lots within the slope easement areas. Slope easement areas may be included as lot area for purposes of calculating lot size. Habitable structures shall not be permitted within common slope easement areas. 17.38.110 Landform grading standards. A. General. Landform grading, as a design concept, utilizes grading techniques that stress the preservation of sig- nificant topographic features, the selective placement of development, variations in slope gradients, transitional slopes, and the sculpture-like shaping of manufactured slopes in a manner that replicates the shapes and characteristics of natu- ral landforms. B. Authorization for Landform Grading. The height and slope steepness limitations and other applicable standards for manufactured slopes (as delineated herein) may be modified by the approving authority, if the proposed project is found to incorporate the following design elements: 1. Variation to slope gradients utilizing compound slopes and state of the art grading techniques with maximum slope steepness to be determined by the city engineer as specified in the Uniform Building Code. An example of this technique would be slope transitions varying from 4:1 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 tra nsition between natural landforms and man-made slopes; 804 4. Use of drainage and landscape elements such as clustering of trees and shrubs typical of concentration found in nature, incorporation of rock elements into made-made culverts and downdrains. The culverts and downdrains shall have coloring which blends with the surrounding area to reduce visibility. C. Processing Procedures—Determination of Compliance with Landform Grading. Conformance with landform grading techniques shall be determined during project review. It will be the responsibility of the applicant to provide the city with exhibits necessary to establish compliance with general design characteristics of landform grading tech- niques. 17.38.120 Hillside street standards. A. Streets within any project proposed in a hillside area as defined in this chapter shall be designed and constructed in accordance with the standards listed below: 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 r idgeline shall be prohibited; 4. Standard street sections shall be as follows in hillside areas where streets are proposed on grades of twelve per- cent (12%) or greater. Said street sections shall include the following: a. Four-lane arterials in hillside areas: Right-of-way width may be reduced to eight (80) feet and curb to curb width reduced to sixty (60) feet, b. Rural collectors in hillside areas: Right-of-way width may be reduced to seventy (70) feet and curb to curb width reduced to forty (40) feet, c. Local collectors in hillside areas: Right-of-way width may be reduced to fifty (50) feet and curb to curb width reduced to thirty-six (36) feet; d. Cul-de-sacs in hillside areas: Right-of-way width may be reduced to thirty (30) feet and curb to curb width to twenty-four (24) feet. The cul-de-sac radius for hillside streets may be reduced to thirty-two (32) feet; 5. Split level, one-way streets in areas of steep terrain (greater than twenty percent (20%) slope) when deemed acceptable by the approving authority; 6. Street grades shall not exceed the following except if modified by the approving authority: Primary arterials: 10 percent Secondary arterials: 12 percent Local streets: 15 percent, except for limited distance that may exceed 15 percent if approved by the city engineer and the Ventura County fire department 7. In order to encourage a rural feeling in residentially zoned parcels of two units per acre or less, the elimination of sidewalks and formal parkways will be allowed if the city engineer determines that this modification will not be det- rimental to the public health, safety or welfare or that adequate alternative pedestrian circulation has been provided; 8. Special Streets. Special streets, such as one-way streets, split-level streets and dead-end streets may be allowed by the approving authority when their use is justified by detailed engineering studies submitted by the applicant and are found to be necessary for the full achievement of the findings of this chapter; 9. Rolled curbs and gutters shall be required in order to enhance the rural lifestyles if their water carrying capacity is not compromised. Modifications to these standards may be made by the approving authority if it can be found that such modifications are consistent with the circulation element of the general plan and further the purpose and intent of this chapter by re- ducing grading and overall visual impacts while retaining acceptable traffic safety and street design characteristics. 17.38.130 Landscape and erosion control standards. The grading plan shall preserve natural terrain and vegetation to the maximum extent feasible, by utilizing creative design concepts, as permitted by standards established in this chapter. However, it is recognized that grading will in- 805 volve considerable surface disruption and removal of natural vegetation. Where this occurs, and manufactured slopes are created, the following standards and submittal requirements shall apply: A. Submittal Requirements. 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 department of community devel- opment. Such plan shall outline all proposed planting in graded areas, means of irrigation, proposed timing of land- scape installation and the manner in which landscaping will be maintained. A precise landscape plan shall be submitted prior to the issuance of a grading permit; 2. Prior to Grading Permit Issuance: A manufactured slope revegetation report which analyzes existing soil condi- tions, proposed soil amendments, and plant suitability shall be submi tted to the city for review and approval by the di- rector of community development. B. Concrete Drainage Ditches. All concrete drainage ditches shall be colored concrete of Omaha Tan by Davis Concrete or an equivalent color. 17.38.140 Slope maintenance standards. A. Performance Bond. A performance bond for an amount to be established by the public works depar tment shall be posted with the city in order to ensure that the ultimate establis hment of all revegetation is completed. Said bond is to be posted prior to obtaining a grading permit. B. Erosion Control Standards. The grading plans submitted to the city shall provide erosion control measures which meet the specifications of the city engineering design standards and Uniform Building Code. 17.38.150 Drainage standards. All proposed drainage facilities shall respect the natural (before development), hydrologic characteristics of the sub- ject terrain, preserve major drainage channels in their natural state, and be designed in such a manner as to preserve the public health, safety or welfare. The provisions of the following standards shall apply to all land subject to these regula- tions and shall be in addition to the provisions of the adopted version of the Uniform Building Code, the Ventura Coun- ty Land Development Manual or other standards the city may adopt in the future. A. To the maximum feasible extent, all natural drainage courses serving major drainage areas and containing sig- nificant perennial vegetation which may constitute a significant wildlife habitat should remain in their natural state. Alterations to the above drainage courses may be allowed by the approving authority if the application of this section will result in upstream or downstream flooding hazards for which there is no other feasible means of mitigation. B. In the event that off-site drainage facilities will be required to handle increased runoff from any development subject to these regulations, interim drainage facilities which provide for no increase in peak runoff from a ten (10) year storm shall be constructed and maintained until such time as the permanent facilities are completed. C. The overall drainage system shall be completed and made operational at the earliest possible time during con- struction or shall otherwise be provided for in a manner acceptable to the city engineer. If a development is to be phased, all downstream (including interim facilities within the project area or required interim off-site drainage facili- ties) elements of the approved drainage facilities shall be completed or otherwise provided for in a manner acceptable to the city before the completion of upstream phases. 17.38.150 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 irrig ation tech- niques and erosion control measures in a manner that eliminates bo th short- and long-term erosion hazards while providing for aesthetic and effective revegetation of these slope areas; 806 D. That development is sited in a manner that substantially retains the visual qualities and natural elevations of the significant ridgelines and prominent landforms forming the city’s skyline backdrop, as defined in this chapter, and pre- serves those portions of the ridgelines visible from the valley floor of the city; E. That grading has been kept to an absolute minimum in order to maintain the natural character of the hillsides and that unavoidable grading complements natural landforms; F. That significant natural landmarks and other outstanding features have been retained in their natural state; G. That mass grading of large pads and excessive terracing has been avoided in residential zones and minimized in commercial and industrial zones; H. That proposed residential development plans have been utilized such as varying se tbacks and heights for build- ings, building techniques, building forms, and materials which ensure the compatibility of structures with the surround- ing terrain and that proposed commercial and industrial development plans have been utilized var ying setbacks and heights for buildings, building techniques, building forms, materials and colors which ensure the compatibility of struc- tures 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 exis ting or proposed building pads other than those permitted within that parcel. Such road grading shall not increase an existing or proposed building pad site; K. That altered slopes will be relandscaped with plants which are compatible with the project’s soils, terrain and microclimate, which reduce the risk of fire; L. That any grading on slopes greater than twenty percent (20%) is restricted and encourages the preservation of visual horizon lines and significant hillsides as prominent visual fe atures; M. That the overall density and intensity of development decreases as the slope increases. 17.38.170 Variances to hillside management ordinance. No variance from the provisions of this chapter shall be allowed unless it is approved pursuan t to provisions con- tained in the city zoning ordinance. Chapter 17.40 SIGN REGULATIONS Sections: 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. 807 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 p edestrian or vehicular traffic; G. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may dis- tract drivers or overload their capacity to quickly r eceive 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 reason ably regulating the structural, location- al and other noncommunicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics, and traffic and pedestrian safety; J. Implement the goals and policies of the city’s general plan, specific plans, design guidelines a nd municipal code; K. Encourage signs that are appropriate to the land use zone in which they are located and consistent with the per- mitted uses of the subject property; L. Establish sign sizes in relationship to the scale of the parcel and building on w hich the sign is to be placed or to which it pertains; M. Regulate signs in a constitutional manner, which is content-neutral as to noncommercial signs and viewpoint- neutral as to commercial signs. All administrative interpretations and discretion are to be exercised in light of this poli- cy and consistent with the purposes and intent stated in this section. 17.40.020 Definitions. Words and phrases used in this chapter have the meanings set forth in this section. Words a nd 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 co nstructed in such a man- ner as to form an “A” or tent-like shape, fastened or not at the top, with each face held at an appropriate distance by a supporting member. “Abandoned sign” means any sign which is no longer in use or identifies or pertains to a bus iness, occupancy or use that no longer exists. “Animated sign” means any sign that uses movement, lighting, or special materials to depict action or create a spe- cial effect to imitate movement. Time and temperature devices are not considered animated signs. “Banner” means any temporary sign of lightweight fabric or similar flexible material which projects from or hangs from a building, pole or wire affixed to the ground or to a build ing. Banners include, but are not limited to, pennants, flags affixed vertically or horizontally. Banner does not include a single state or country flag. “Bench sign” means a sign attached to a piece of furnitu re, such as a bus bench or similar device. “Business frontage” means that portion of the buil ding or tenant space which is predominately oriented toward a public or private right-of-way, courtyard, pedestrian access, parking lot or parking lot drive aisle. “Campaign sign” means a sign that is designed to support the passage or defeat of any measure on a ballot or to in- fluence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any na- tional, state, or local election. 808 “Commercial message” means any wording, logo or other representation that, directly or ind irectly, names, advertis- es 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 industri al business, occupancy, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. “Construction sign” means a temporary sign denoting the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter. “Directional sign” means any sign which guides the reader to a specific location. “Director” means the community development director, or any person designated by the director to act in the direc- tor’s behalf. “Erect” means to build, construct, attach, hand, place, suspend or affix to or upon any surface. “Flag” means a singular piece of fabric or similar material, typically rectangular or square, attached to a pole mount- ed in the ground or on a building with colors or symbols. Flags are either mounted on poles mounted per manently on the ground or a building, having a noncommercial image or message. For example, may include a local, state, or federal flag, a flag with no text and only visual imagery, or religious symbology. “Flag sign, pennants or feather signs” means a piece or multiple pieces of fabric or similar material mounted on a flexible pole, not permanently affixed in the ground or on a building, with a commercial message, commercial brand- ing, or meant to be attention getting. “Flashing sign” means any sign which, by method or manner of illumination, flashe s, winks or blinks with varying light intensity, shows motion, or creates the illusion of motion; revolves in a manner to create the illusion of being on or off; changes color or appears to change color or where the intensity of light changes or appears to change. Time and temperature devices are not considered flashing signs. “Freestanding sign” means any sign supported by one (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 designa- tion and price per gallon of gasoline or other motor vehicle fuel o ffered for sale on the premises, and such other infor- mation as may be required by law. “Hand-held sign” means a sign that is held by or otherwise mounted on a person. For the purposes of this chapter, a hand-held sign does not include a noncommercial sign. “Holiday sign or display” means a temporary sign or display erected in recognition of any religious and/or city, state or federally recognized holiday. “Illegal sign” means: 1. Any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; 2. Any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occu- pancy, product, good or service available on the site of the sign for more than ninety (90) days; 3. Any unsafe sign; 4. Any legal nonconforming sign that has not been removed following the expiration of any applicable amortiza- tion period provided in this code; and 5. Any sign that is in violation of the provisions of this chapter. “Incidental property-related sign” means a nonilluminated sign indicating credit cards accepted, trade affiliations, no solicitation, no trespassing, nameplates and similar property-related matters. “Legal nonconforming sign” means any sign which was approved by the county prior to city incorporation or ap- proved by the city and erected or installed in compliance with all structural, locational, design, building, and electrical regulations at the time of its erection or installation, but which no longer conforms to the provisions of this chapter. “Logo” means any symbol of any color or shape that is used by itself or in conjunction with text to identify the busi- ness. Logos which are comprised of text only shall be considered as text only. “Marquee sign” means any changeable copy, including electronic copy, sign attached fastened or mounted on a permanent roof-like structure projecting from a wall of a building. “Menu board sign” means a wall or monument sign displaying a list of items available with prices at a drive-through business for the purpose of taking drive-through orders. 809 “Mobile sign” means the use of a moving trailer, automobile, truck, or any other vehicle to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of such vehicle. “Monument sign” means a sign that is completely self-supporting, has its sign face or base on the ground, and has no air space, columns or supports visible between the ground and the bottom of the sign. “Moorpark nonprofit organization” means an organization chartered in the city of Moorpark in accordance with ap- plicable state and federal laws, rules and regulations. “Neighborhood identification sign” means an on-site sign that identifies a residential subdivision or area of common interest but contains no other advertising copy. “Neon sign” means a sign consisting of an internally illuminated glass tube which is bent to form letters, symbols or other shapes. “Noncommercial message” means the messaging used on a sign that does not name, advertise or call attention to a commercial or industrial business, commodity, p roduct, good, service or other commercial or industrial activity for a commercial or industrial purpose “Noncommercial sign” means a sign that does contain a noncommercial message or imagery. “Off-site sign” means a commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activi- ty which originates on a site other than where the sign is located. “On-site sign” means any commercial sign which directs attention to a commercial or industrial occupancy, busi- ness, commodity, good, product, service or other commercial or industrial activity conducted, sold or offered upon the site where the sign is maintained. For the purposes of this chapter, all signs with noncommercial messages are deemed to be “on-site,” regardless of location. “Permanent sign” means any sign which is intended to be and is so constructed as to be of lastin g and enduring con- dition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building. “Portable sign” means a freestanding sign that is not permanently affixed, anchored or secured to either the ground or a structure on the premises it is intended to occupy, but does not include hand-held signs. For the purposes of this title, a portable sign does not include a noncommercial sign. “Projecting sign” means a sign mounted perpendicular to the wall or building face or structure. “Pylon sign” means a freestanding sign, other than a monu ment 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 stru cture which projects above the eave line or parapet wall of the building or structure. On buildings with mansard roofs, the roof shall be de- termined to be the eave line of the mansard. Signs projecting above the eave line on a building with a mansard roof where the sign has been architecturally integrated into the design of the mansard are not considered a roof sign. “Sign” means any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person, and which is to be viewed from any public street, road, highway, right-of-way or parking area. The following are not within the definition of “sign” for the regulatory pu rposes 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; 810 9. Noncommercial flags not exceeding thirty (30) square feet for each lot in a residen tial zone or seventy-five (75) square feet for each lot in a commercial or industrial zone, provided that the pole or other structure upon which they are flown meets applicable setback and height limitations of the zone in which it is located. “Subdivision directional sign” means a sign utilized for the purpose of indicating the flow of traffic or travel to reach a specific residential subdivision, and the copy of which is limited to identifying the subdivision together with specific directions to enable the traveler to locate the subdivision. “Subdivision sale sign” means a temporary sign that contains the name of, and information relating to, a subdivision being offered for sale or lease for the first time but contains no other advertising copy. “Temporary sign” means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other light materials, with or without frames, intended to be displayed for a limited period of time, including banners as de- fined in this section. “Unsafe sign” means a dangerous structure or components as set forth in Chapter 15.08 of this code. “Window sign” means any sign that is affixed to the interior side of a window and is visible from the e xterior of the window, including open/closed signs. Signs placed inside a building, located at least 36 inches from any window or that are not visible from the exterior of the building are not considered window signs. 17.40.030 Applicability. This chapter regulates signs located on private property within all land use zones of the city and on property owned by public agencies other than the city and over which the city has zoning and land use regulatory power. Except where otherwise expressly provided in this chapter, all signs located in such areas of the city must be erected and maintained in conformity with this chapter. 17.40.040 General provisions. A. Sign Permit Required. Except as otherwise expressly provided in this chapter, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign without first obtaining a sign permit from the community development department in ac- cordance with the provisions of this chapter. No sign permit is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made. B. Owner’s Consent Required. Property owner consent or consent of the person in control or possession of the property is required before any sign may be erected on any private property within the city. C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial or industrial signage is permit- ted and are subject to the same standards and total maximum allo wances per site, building or tenant of each sign type specified in this chapter. A permit is required for a permanent noncomm ercial sign if there is no permit for the perma- nent commercial sign. For purposes of this chapter, all noncommercial speech messages are deemed to be “on-site.” D. Substitution of Noncommercial Message. With prior consent of the property owner or person in control or pos- session of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No special or additional approval is required to substi- tute a noncommercial message for any other message on an allowable sign, provided the sign structure is already ap- proved or exempt from the approval requir ement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and struc- tural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provi- sions in this chapter, the provisions of this su bsection will prevail. E. Substitution of Commercial Messages. The substitution of one (1) commercial message for another commercial message is not automatically allowed nor is the free substitution of a commercial message in a place where only a non- commercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commer- cial messages. 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. T he 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. 811 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; 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; G. Temporary freestanding noncommercial signs permitted by Section 17.40.100(E) of this chapter; H. Window signs permitted by Sections 17.40.110(B)(7) and (8) of this chapter. 17.40.050 17.40.060 Administration. A. Purpose. The purpose of a sign permit is to help ensu re compliance with the provisions of this chapter, in par- ticular, the provisions regulating the design, illumination, location, materials, number, size and type of sign. B. Sign Permit Application Process. 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 d epartment and accompanied by any required materials, plans and ex- hibits, and the fee paid as established by city council resolution. 2. The director shall initially review the application to determine if it contains all the information and items re- quired by the provisions of this chapter and may be deemed complete. 3. All notices required by this chapter are deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided. 4. No sign permit application will be accepted if: a. Each illegal sign has not been legalized, removed or included in the application; b. There is any other existing code violation located on the site of the proposed sign that has not been corrected or abated at the time of the application; c. The sign permit application is substantially the same as an application previously denied, unless: (i) twelve (12) months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is fu r- nished in the new application; d. The applicant has not submitted for processing or obtained any applicable use permit. C. Standard Sign Permit Review Process. 1. After receiving a complete sign permit application, except for those sign permits that require planning commis- sion or city council approval, the director shall cause the application to be reviewed and render a written decision to approve or deny the application within fifteen (15) calendar days. 2. Determinations on sign permit applications are to be guided by the standards and criteria set forth in this chap- ter. An application shall be approved whenever the proposed sign conforms to all design, size, height and other stand- ards for signs subject to a permit requirement, as such requirements are set forth in this chapter. 3. The director may refer certain sign permit applications to the planning commission for review. Such referral should be made within ten (10) days of a complete application and acted upon by the planning commission within sixty (60) days or concurrent with any related and required project approval that is presented to the planning commission. 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, pla nning 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. 812 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 charac- ter of a use or site. 2. Exceptions to Regulations. The director may grant an administrative exception for signs deviating from the pro- visions of this chapter or any limitations imposed upon the use or general design of the sign and may authorize modifi- cations from the permitted sign area, height or setback requirements consistent with the provisions of Chapter 17.44, Application Review Procedures, of this title. 3. Variances. The planning commission may grant variances from the provisions of this chapter for the erection and maintenance of signs when difficulties, unnecessary hardship or results inconsistent with the general purpose of this chapter would otherwise occur and would deprive the owner of rights enjoyed by others. The application, review process, and required findings for a sign variance will follow the applicable procedures set forth in Chapter 17.44, Ap- plication Review Procedures, of this title. E. Time Limit. Signs authorized by a permit issued pursuant to this chapter shall be erected and have obtained a final inspection within one (1) year of the issuance of the permit; otherwise, the approval will be null and void. F. Revocation of a Sign Permit. Subject to the provisions of this title, the director may revoke any permit approval upon refusal of the permit holder to comply with the provisions of this chapter after written notice of noncompliance and at least fifteen (15) days’ opportunity to cure. 17.40.060 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 pro perty 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 lo west 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 mea surement 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 th e 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, ar rows, 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. 17.40.080 Design, material, construction and maintenance standards. Each permanent approved sign shall comply with the following standards: 813 A. Materials and Colors. All permanent signs shall be constructed of durable materials that are compatible in ap- pearance to the building supporting or identified by the signs. Sign colors and materials shall be selected to be compati- ble with the existing building designs and shall contribute to legibility and design integrity. B. Relationship to Buildings. Each permanent sign located upon a site with more than one (1) main building, such as a commercial, office or industrial complex shall be designed to incorporate the materials common or sim ilar 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, d irected 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 illum inated signs shall be lighted by screened or hidden light sources. E. Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including the city’s building code and elec- trical code. Except for temporary signs and window signs, signs shall be constructed of durable materials and securely affixed to the ground, a building, or structure. Under no circumstances shall a permanent sign have an exposed back, exposed wires or conduit. F. Maintenance. Every sign and all parts, portions and materials shall be maintained in good repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust, cracking, peeling, corr osion, graffiti or other states of disrepair. This maintenance obligation includes the replacement of malfunctioning or burned-out lamps, re- placement of broken faces, repain ting 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 o ccupancy, 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 r emoval of a sign from a building wall or from the grounds of the premise s 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. 17.40.080 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 spo nsored by Moorpark nonprofit organiza- tions are permitted the following signs: A. Temporary freestanding, wall-mounted or window banners are permitted on commercial and industrial-zoned property, with the permission of the property owner. A total of ten (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) ca lendar day prior to the event and shall be removed within three (3) calendar days following the event. 814 17.40.095 Temporary directional signs for special events in the old town commercial (C-OT), planned community (PC), and institutional (I) zones. Temporary directional signs for special events, such as festivals, farmers’ markets, and other events held in the old town commercial (C-OT), planned community (PC) and institutional (I) zones, for which a temporary use permit or administrative permit has been granted, are permitted on commercial and industrial-zoned property with written per- mission of the property owner. The signs must be A-frame or other portable type, designed in a professional manner, and must not exceed four (4) square feet in area and three (3) feet in height. Signs may be double-faced. Directional signs must be located at least fifty (50) feet from the end of a curb return at a street 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. 17.40.100 Permitted signage in residential, institutional, and open space zo nes. In addition to any other signage permitted under this chapter or code, the following signage is permitted in residen- tially zoned properties, including institutional uses such as religious establishments, and for residential properties in commercial, industrial, or open space zones, but used for residential purpose, subject to the applicabl e regulations set forth in the table in this section. 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. 815 C. Institutional including but not limited to religious institutions, private schools, clubs, lodges. 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. 816 RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES (continued) 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 signposts, 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 more than 30 consecutive days, no more than four times 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 signposts, 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 for properties for lease or sale. 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 or lease, 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. Open house directional signs for single-family 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. 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. 817 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. 818 RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES (continued) 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. 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. 819 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). 820 RESIDENTIAL, INSTITUTIONAL, AND OPEN SPACE ZONES (continued) 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. 17.40.110 Commercial/industrial zones. In addition to any other signage permitted under this chapter or code, the following signs are permitted in commer- cial and industrial-zoned properties, except for those properties within the boundaries of the downtown specific plan (see Section 17.40.120 of this chapter) subject to the applicable regulations set forth in the table in this section. COMMERCIAL/INDUSTRIAL ZONES Sign Type Sign Location Maximum Sign Area, 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. 821 COMMERCIAL/INDUSTRIAL ZONES (continued) 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 flagpole 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. 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. 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. 822 COMMERCIAL/INDUSTRIAL ZONES (continued) 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 flagpole 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. 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. 823 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 passageway. 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. 824 COMMERCIAL/INDUSTRIAL ZONES (continued) 9. Temporary window signs (no sign permit required) Windows facing a parking area, courtyard or pedestrian passageway. 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 sign Adjacent to the drive- through queue. Area: 24 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. 825 F. Theater. 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. 826 COMMERCIAL/INDUSTRIAL ZONES (continued) 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. 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 827 I. Wireless communications facilities. Signs on a stealth facility designed as a tower element on private property (Only permitted in the Commercial Planned Development (CPD) zone on a site developed with 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. 828 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. 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. Open house directional signs for single-family 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. 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. 829 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. 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, a nd therefore unique sign regulations have been created. Approval of new signs or modification of existing signs shall conform with the requirements of this chapter and with the requirements of this section. B. Design Compatibility. The design of all signs shall be compatible with the architectural character, the exterior materials and color(s) of the building. Sign colors shall also be compatible with the architecture of the building. Up to a maximum of three (3) colors may be used. Materials used for the sign, or the support structures of the sign may include, but are not limited to, wood, wrought iron, and painted sheet metals (if the entire surface is painted). C. Sign Placement. Signs shall be located on the buildings in a manner that does not obscure the building’s archi- tectural detail. D. Lighting. All externally lighted sources shall be shielded so light, or glare is not directed toward surrounding properties nor shall lighting be directed upward to the sky. Creative and artistic applications of neon used in signs and other graphics may be permitted. E. Prohibited Signs. In addition to the signs prohibited by Section 17.40.130 of this chapter, the following addi- tional signs are prohibited: 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. 830 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. 831 DOWNTOWN SPECIFIC PLAN AREA (continued) 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. 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. 832 DOWNTOWN SPECIFIC PLAN AREA (continued) 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. 833 6. 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 passageway. 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. 7. Temporary window signs (no sign permit required) Windows facing a parking area, courtyard or pedestrian passageway. 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. 8. 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. 9. Under canopy signs. 834 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. 10. 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. 835 DOWNTOWN SPECIFIC PLAN AREA (continued) 11. 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 17.40.120 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. Mobile and portable signs; H. Off-site signs; I. Roof signs; J. Any sign which emits sound or an odor; K. Any sign erected in such a manner that any portion of the sign or its support is attached to or will inte rfere with any free use of any fire escape, exit, or will obstruct any stairway, door, ventilator or window; L. Unsafe signs; M. Signs erected or attached to any utility pole; N. Signs erected in such a manner that they will or may reasonably be expec ted to interfere with, obstruct, confuse or mislead traffic; O. Signs located in the visual /sight distance area (refer to 17.24.030(F) and 17.24.050(C)) located near a driveway or an intersection, taller than three feet in height; P. Signs attached to the exterior surfaces of windows, except as required by state or federal law and where such law preempts city regulations; Q. Inflatable signs and balloons in excess of two (2) feet in diameter; R. Hand-held commercial signs. 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 836 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 nonconform- ing sign will be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner’s or user’s ability to adequately and effec- tively continue to communicate to the public through the use of the sign. The owner or user m ay maintain the sign at the premises and at a location necessary for continued public visibility at the height or size at which the sign was previ- ously lawfully erected pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in conformance with this chapter. 17.40.140 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 co ntrol of the property, as ap- plicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city may be r eleased until the costs of removal and storage have been p aid. If an unsafe sign remains unclaimed for a period of thirty (30) days after notice of removal is sent to the permit holder, property owner, or person in possession and control of the property, it will be deemed to be unclaimed personal proper- ty and may be disposed of in accordance with the law. 17.40.160 Nuisance and abatement, enforcement and penalties. A. Nuisance Abatement. The city shall follow the procedures set forth in Business and Professions Code Section 5499.1 et seq., for the nuisance abatement of permanent signs that are determined to be illegal. B. Enforcement and Penalties. Violations of this chapter are punishable as set forth in Chapter 17.56, Enforcement and Penalties, of this title. 17.40.170 Appeals. A. Any person seeking to appeal a decision of the director granting or denying an application for issuance of a sign permit, revoking a permit or ordering the remedia tion 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, a s applicable, not later than thirty (30) days after the notice o f 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 a ppeal 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 co mmission 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. Chapter 17.42 WIRELESS COMMUNICATIONS FACILITIES* Sections: 17.42.010 Purpose. 17.42.020 Definitions. 17.42.030 Applicability. 17.42.040 Application requirements for all wireless communications facilities. 837 17.42.050 Development requirements for all wireless communications facilities. 17.42.060 Additional regulations for minor facilities. 17.42.070 Additional regulations for major facilities. 17.42.080 Required findings for all wireless facilities. 17.42.090 Facility removal. 17.42.100 Temporary use during declared emergency. 17.42.010 Purpose. A. The purpose of these requirements and guidelines is to regulate the location and design of wireless communica- tions facilities as defined herein to facilitate the orderly deployment and devel opment of wireless communications ser- vices in the city, to ensure the design and location of wireless communications facilities a re consistent with policies of the city previously adopted to guide the orderly development of the city to promote the public h ealth, safety, comfort, convenience, quality of life and general welfare of the city’s residents, to protect property values and enhance aesthetic appearance of the city by maintaining architectural and structural integrity, and by protecting views from ob trusive and unsightly accessory uses and facilities. B. In adopting and implementing the regulatory provisions of this chapter, it is the intent of the city council to fur- ther the objectives specified above, and to create reasonable regulations in conform ance with the provisions of the Tel- ecommunication Act of 1996 without unnecessarily burdening the federal interests in ensuring access to telecommuni- cation services, in promoting fair and effective competition among competing communication service provider s, and in eliminating local restrictions and regulations that, with regard to antennas, may preclude reception of an acceptable signal quality or may unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of such a n- tennas. C. With regard to applications to place wireless commun ications facilities in the public right-of-way, these regula- tions are intended to be reasonable time, place, and manner regulations in accordance with the city’s powers, California Public Utilities Code Section 7901, and the Telecommunications Act of 1996 (specifically, Title 47, United States Code, Section 253 and Section 332(c)(7)). If an application to place wireless communications facilities in the public right-of-way complies with the rules and guidelines set forth in this chapter, then the city shall issue any necessary permits for completion of the facilities with conditions as determined necessary to comply with the Moorpark Munici- pal Code. 17.42.020 Definitions. For purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings given herein. The word “shall” is always mandatory and not merely directory. If a definition is not listed in this chapter, Chapter 17.08 of the Moorpark Zoning Code shall control. “Accessory equipment” means any equipment installed, mounted, operated or maintained in close proximity to an antenna structure to provide power to the antenna structure or to receive, transmit, or store signals or information re- ceived by or sent from an antenna. For the purposes of this chapter, facilities are categorized by the manner in which antennas are mounted and not by the placement o f accessory equipment. It is presumed that all facilities shall include accessory equipment, which shall not affect how the facility is mounted. “Antenna structure” means an antenna, any structure designed specifically to support an antenna, and/or any appur- tenances mounted on such structure or antenna. “Collocation” or “collocated” means the location of multiple antennas which may be owned or operated by one (1) or more service providers at single or adjacent parcels or lots and which may or may not be mounted to a common sup- porting structure, wall or building. “Collocation facility” means the placement or installation of wireless facilities, including multiple antennas, and related equipment, which may be owned or operated by one (1) or more service providers at single or adjacent parcels or lots and which may or may not be mounted to a com mon supporting structure, wall or building, consistent with a duly approved discretionary permit for a collocation wireless communications facility which may be either a major wireless communications facility or a minor wireless communications facility as defined herein. “Commercial mobile service” means any mobile service that: (1) is offered in return for monetary compensation; (2) is available to the public or a substantial portion of the public; and (3) provides subscribers with the ability to access o r receive communication from the public switched teleph one network. Commercial mobile service includes, but is not 838 limited to, paging service, wireless data transmission, cellular telephone service, specialized mobile radio service (SMR), and personal communications service (PCS). “Disguised facility” means any wireless communications facility, which is designed to blend into the surrounding land, typically one that is architecturally integrated into a building or other concealing structure. “Fixed wireless service” means any service providing radio communication to or from antenna structures at fixed and specified locations which are not designed to be moved during op eration and which offers the ability to access or receive communication from the public switched telephone network. “Ground mounted” means a wireless communications facility that is mounted to a pole, lattice tower or other free- standing structure that is primarily constructed for the purpose of supporting an antenna. “Lattice tower” means a tower-like structure used to support antennae and comprised of up to two (2) or more steel support legs. “Major facility” means a wireless communications or collocation facility that is ground mounted, or is wall mount- ed, utility mounted, or roof mounted but does not meet the definition of a minor facility. “Microwave communication” means the transmission or reception of radio communication at frequencies of a mi- crowave signal (generally, in the 3GHz to 300GHz frequency spectrum). “Minor facility” means a wireless communications or collocation facility that is wall mounted, utility mounted, or roof mounted as follows: 1. If wall mounted, the facility is architecturally compatible with the building structure and surrounding land uses; 2. If utility mounted, the facility is required to be compatible with surr ounding land uses, must be proposed for attachment to an existing above-ground structure, and comply with all other provisions of Section 17.42.060(B)—(D) of this code; 3. If roof mounted, the entire facility must be screened with solid material on four (4) sides or integrated into the architecture of the building, must be architecturally compatible with surrounding land uses, and must not exceed the maximum building height of the applicable zone district in which the facility is located; and 4. If wall mounted, utility mounted, or roof mounted, qualifies as a disguised facility or a stealth facility. “Mobile service” means any temporary service providing radio communication to or from at least one (1 ) antenna that is designed to be moved during operation or used during halts at unspecified locations; or as otherwise defined in 47 USCS Section 153 and interpreted by the Code of Federal Regulations and the Federal Register. “Mounted” means any manner of antenna attachment, support, or connection, whether on ground or on a structure. “Multipoint distribution service” means a microwave communication service that delivers video programming di- rectly to subscribers, including multichannel, multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any in terpretive decisions thereof issued by the Federal Communications Commission. “Radio communication” means the transmission and/or reception of impulses, writing, signs, signals, pictures, and sounds of all kinds through space by means of electromagnetic w aves. “Roof mounted” means a facility that is mounted on any structure that is not specifically constructed for the purpose of supporting antennae, in any manner that does not satisfy either the definition of wall mounted, or utility mounted and is typically mounted on the roof of a building. “Satellite antenna” means a device used to transmit and/or receive radio or electromagnetic waves between terrestri- ally and orbitally-based uses. This definition is meant to include, but not limited to, what are comm only referred to as satellite earth stations, TVROs (satellite television receiving antenna), and satellite microwave antennas. “Stealth facility” means any wireless communications facility which is disguised to appear as another natural or arti- ficial object that is prevalent in the surrounding environment, or which is architecturally integrated into a building or other concealing structure. “Utility mounted” means a facility that is mounted to an above-ground structure that is primarily designed and in- stalled to support electrical power lines, cable television lines, street lighting, traffic signal equipment, park lighting or a structure on public or private property deemed by the city to be similar in nature. “Wall mounted” means a facility that is mounted on any vertical surface or nearly vertical surface o f a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna i.e., the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestand- 839 ing sign such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. “Wireless communications facility” or “facility” means an antenna structure and any appu rtenant facility or accesso- ry equipment located within city limits and that is used in connection with the provision of wireless service. “Wireless service” means any type of wireless service providing radio communication that satisfies the definition of commercial mobile service, fixed wireless service, or wireless video service. “Wireless video service” means any service providing radio communication, which delivers video programming. 17.42.020 17.42.030 Applicability. The regulations in this chapter apply to all wireless communication facilities except the following: A. Any antenna structure that is one (1) meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunica- tions Act of 1996, Title 47 of the Code of Federal Regulations , and any interpretive decisions thereof issued by the Federal Communications Commission; B. Any antenna structure that is two (2) meters (78.74 inches) or less in diameter located in a commercial or indus- trial zone and is designed to transmit or receive radio communication by satellite antenna; C. Any antenna structure that is one (1) meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, provided that no part of the antenna structure extends more than eight (8) feet above the principal building on the same lot; D. Any antenna structure that is designed and used solely to receive UHF, VHF, AM, and FM broadcast signals from licensed radio and television stations; E. Any antenna structure that is designed and used solely in connection with authorized oper ations of an amateur radio station licensed by the FCC (i.e., a “HAM” radio transmission). 17.42.040 Application requirements for all wireless communications facilities. A. Each applicant applying for a wireless communications facility shall submit the required completed application in accordance with the requirements set forth in Chapter 17.44 of the Moorpark Municipal Code, and such additional or different requirements as are made applicable by this chapter. At a minimum, a wireless communications facility appli- cation shall include the following: 1. A scaled site plan and facility elevations with the following information: a. The proposed location of the wireless commun ications facility including access; b. The elevations of the wireless communications facility with dimensions identified; c. The height of any existing or proposed structure(s); d. The location of any accessory equipment; e. The location of all guy wires; f. The location of all above and below ground wiring and connection cables; g. The location of existing or proposed easements on the property affecting the facility; h. The height of any panels, microwave dishes, or whip antennas, above ground level; i. The distance between the antenna structure and any existing or proposed accessory equipment; and j. Any other necessary information as may be required by the director of community development. 2. A letter of justification accompanied by written documentation that explains the applicant’s efforts to locate the facility in accordance with the screening and site sele ction guidelines set forth in Section 17.42.050(C). 3. A narrative and map that discloses the exact location and nature of any and all existing facilities that are owned, operated or used by the applicant within the city or within one (1) mile of its geographic borders, as well as any pro- posed or planned sites within said boundary that may reasonably be known to the applicant at the time the application is made. 4. A narrative and appropriate map(s) that disclose the geographic area(s) within the city that will be serviced by the proposed facility, the geographic area(s) bordering the city, if any, that will be serviced by the proposed facility, and the nature of the service to be provided or purpose of the facility. 5. A radio-frequency (RF) report prepared by a qualified RF engineer acceptable to the city to demonstrate that the proposed facility, as well as any collocated facilities, complies with current Federal RF emission standards. This RF 840 report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. 6. Computerized visual assessments or other exhibits equivalent in a form and manner acceptable to the director of community development showing the before and after visual appearances of the proposed facility. 7. A description of the required maintenance visits to the site and security proposed to protect the site from vandal- ism and trespass. 8. A list of any other required licenses and approvals to provide wireless services in the city. 17.42.040 17.42.050 Development requirements for all wireless communications facilities. A. General Development Requirements. The facility shall comply with each of the following requirements: 1. Any signs or advertising devices other than certification, public safety, warning, or other required seals or re- quired signage are prohibited, except as provided for in Chapter 17.40 (Sign Regulations). 2. Any and all accessory equipment, or other equipment associated with the operation of a minor facility, includ- ing but not limited to transmission cables, when not located within an existing above-ground building in a manner that is not visible from the outside, in association with a stealth facility, must be located within conduit or in an und er- ground vault. Any and all accessory equipment, or other equipment associated with the operation of a major facility, including but not limited to transmission cables, must be located within conduit, an underground vault, or an above- ground building or enclosure in a manner that complies with the development standards of the zo ning district in which such equipment is located. Equipment located above ground must be visual ly compatible with the surrounding build- ings and structures and either shrouded by suff icient landscaping to screen the equipment from view or designed to match the architecture of adjacent buildings. 3. The wireless communications facility’s exterior finish shall be comprised of non-reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings, stru ctures, topogra- phy and vegetation. 4. Wireless communications facilities and/or support equipment that are accessible to pedestrians shall be covered with a clear anti-graffiti material of a type approved by the planning commission or community development director. The planning commission or community development director may grant an exception to this requirement if the appli- cant demonstrates to the satisfaction of the planning commission or community development director that there is ade- quate security around the facility to prevent graffiti. 5. All screening used in connection with a wall mounted and/or roof mounted wireless facility must be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached and must be main- tained to the satisfaction of the community development director. 6. Wireless facilities may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies with appropriate jurisdiction, or to illuminate signage as allowed by Chapter 17.40 (Sign Regulations). 7. The applicant, and the property owner if different from the applicant, shall not enter into any exclusive agree- ment which prohibits future collocation of other facilities on or with the applicant’s facility, unless technological re- quirements preclude that collocation. B. Setback Requirements. All facilities must comply with the main structure setback requirements for the zone in which they are located as specified in Chap ter 17.24 of the Moorpark Municipal Code, with the exception of utility mounted facilities, if all other requirements in Sections 17.42.070(B) and 17.42.070(C) can be met. In all ins tances, the determination of need for a larger setback for the facility ma y be considered by the city in connection with the pro- cessing of the applicable permit. 17.42.060 Additional regulations for minor facilities. In addition to the requirements of Section 17.42.050, the following re quirements shall apply to the following types of facilities: A. Height. Notwithstanding any other provision in the Moorpark Mu nicipal Code, no minor facility may exceed the maximum building height for a main stru cture in the applicable zoning district unless such facility has been de- signed as a disguised or stealth facility, and the applicant demonstrates that exceeding the height limitation is necessary for operation of the facility, or the facility is collocated, or contains adequate space suitable for future collocation, and the height in excess of zoning requirements is necessary to the proposed shared use. 841 B. Utility Mounted Facilities—Vertical Extensions. A utility mounted facility may exceed the maximum building height limit for the applicable zoning district, if approved by the decision-making authority as provided herein. The extent that the utility mounted facility e xceeds the height of the existing utility pole or structure and the need for such height increase shall be taken into consideration by the city in conjunction with the processing of the dis- cretionary permit application for the utility mounted facility. C. Utility Mounted Facilities—Horizontal Extension. The extent that the utility mounted facility protrudes or ex- tends horizontally from the existing utility pole or structure shall be take n into account by the city in conjunction with its processing of a discretionary permit application for a utility mounted facility. A utility mounted facility may not protrude or extend horizontally more than thirty-six (36) inches from the existing utility pole or structure unless the applicant demonstrates a technical need for such extension in order to provide service or to comply with the regulations and requirements of the utility pole owner. D. Additional Requirement for All Utility Mounted Facilities. Any accessory equipment accompanying or that forms part of the utility mounted facility, must be located within conduit or an underground vault. 17.42.060 17.42.070 Additional regulations for major facilities. In addition to the requirements of Sectio n 17.42.050, the following requirements shall apply to the following types of facilities: A. Location Requirements. 1. A major facility shall not be located within two hundred (200) feet of any property containing a residential use. 2. No portion or extension of a major facility shall protrude beyond property lines or extend into any portion of property where such facility is not itself permitted; provided, however, that the city may approve the location of guy wires in a required setback if such approval is consistent with the guidelines and requirements set forth in this chapter. 3. Latticed towers shall not be located in any zone except M-2 and I and shall not be located within two hundred (200) feet of any property containing a residential structure. 4. A ground mounted facility shall not be located in a required parking area, vehicle maneuvering area, vehi- cle/pedestrian circulation area or area of landscaping such that it interferes with, or in any way impairs, the utility or intended function of such required area. 5. A ground mounted facility shall not be permitted unless the reviewing authority makes the additional finding that, based upon evidence submitted by the appl icant, no existing building or support structure can reasonably accom- modate the proposed facility. Evidence supporting this finding will be reviewed by the reviewing authority and may consist of any of the following: a. No existing buildings or support structures located in near proximity of the proposed perimeter of service area will provide the service coverage necessary for applicant to provide wireless services within the proposed perimeter of service area. b. Existing buildings or support structures are not of sufficient height or structural strength to satisfy the appli- cant’s operational or engineering requirements. c. The applicant’s proposed facility would create electromagnetic interference with another facility on an existing structure, or the existing facility on a building or support structure would create interference with the applicant’s pro- posed facility. d. The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless service provider, in order to collocate a new facility on an existing building or structure, or to adapt an existing building or structure for the location of the new facility, are unreasonable. e. There are other limiting factors that render existing buildings and structures unsuitable for use by the applicant. f. A ground mounted facility shall be located in close proximity to existing above ground utilities, such as electri- cal tower or utility poles (not scheduled for removal or undergrounding in the next eighteen (18) months), light pol es, trees of comparable height, water tanks and other areas where the facil ity will not detract from the image or appearance of the city. 6. If the proposed major facility cannot be collocated, it must be sited at least one thousand five hundred (1,500) feet from any existing major facility unless the reviewing authority determi nes that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area. If technical data re- quires the placement of a major facility to be located within one thousand five hundred (1,500) feet of an existing major facility, the new major facility shall be located at least five hundred (500) feet from the existing major facility. 842 B. Additional Design Requirements. 1. A ground mounted facility shall be secured from access by the genera l public with a fence of a type or other form or screening approved by the planning commission. 2. No part of a ground mounted facility shall be located in any required setback. 3. A roof mounted facility that extends above the existing parapet of the bu ilding on which it is mounted shall be screened by a material and in a manner that is compatible with the existing design, color and architecture of the build- ing. 4. A roof mounted facility, requiring the placement of any guy wires, supporting structures, or accessory equip- ment shall be located and designed so as to minimize the visual impact as viewed from surrounding properties and pub- lic streets, including any pertinent public views from higher elevations. C. Height. Notwithstanding any other provision in the Moorpark Municipal Code, no major facility shall exceed the maximum building height for the applicable zoning district in which the facility is proposed to be located, nor shall a roof mounted facility exceed the height of the structure on which it is mounted by more than the minimum amount necessary for operation and safety, not to exceed ten (10) feet. Any application for a permit exceeding these height lim- its shall not be approved unless the planning commission determines that the major facility has been designed as a dis- guised or stealth facility and: 1. The applicant demonstrates that exceeding the height limitation is reasonably necessary for operation of the facility; or 2. The facility is collocated, or contains adequate space suitable for future collocation, and the excess in height is reasonably necessary to the proposed shared use. 17.42.070 17.42.080 Required findings for all wireless facilities. A. Wireless Communications Facilities Findings. In addition to the required findings for c onditional use permits and administrative permits contained in Chapter 17.44 of the Moorpark Municipal Code, the following findings are required for wireless communications facilities: 1. That the proposed facility will not create any significant blockage to public views; 2. That the proposed facility will be an enhancement to the city due to its ability to provide additional communica- tion capabilities in the city; 3. That the proposed facility will be aesthetically integrated into its surrounding land u ses and natural environ- ment; 4. That the proposed facility will comply with FCC regulations regarding interference with the reception or trans- mission of other wireless service signals within the city and surrounding community; 5. That the proposed facility will operate in compliance with all other applicable federal regulations for such facili- ties, including safety regulations; 6. That the public need for the use of the facility has been documented consistent with California law; and 7. That the applicant will provide at its own expense a field survey or other method consistent with federal law to provide written verification that the facility is in compliance with applicable federal regulations regarding electromag- netic frequency emissions. This radio-frequency (RF) report shall also include signal strength exhibits, including calcu- lations and measurements under maximum loading conditions. Such field survey sha ll be provided to the city upon request, not to exceed one such request in any twenty-four (24) month period. B. If the community development director, planning commission and/or city council does not approve an applica- tion for such administrative permit or conditional use permit, the decision-making body shall make a written determina- tion supported by findings as required by 47 U.S.C. Section 332(c)(7)(B)(iii). 17.42.090 Facility removal. A. Discontinued Use. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the director of community development in writing in the event that use of the facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes. All such removal, repair and restoration shall be completed within one hundred eighty (180) days after the use is discontinued and shall be performed in accordance 843 with all applicable health and safety requirements. For purposes of this paragraph, a discontinued use shal l be perma- nent unless the facility is likely to be operative and used within the immediately following six (6) month period. B. Abandonment. A facility that is inoperative or unused for a period of one hundred eighty (180) days shall be deemed abandoned. An abandoned facility shall be a public nuisance, subject to abatement pursuant to the provisions of Chapter 1.12. To facilitate removal of an abandoned facility, all wireless communications facility projects shall be conditioned to require a surety be pro vided to the city prior to building permit approval to guarantee removal of equip- ment and structures if the city determines the facility to be abandoned and a public nuisance. C. Utility Mounted Facility Removal or Relocation. All utility mounted facilities shall be removed or relocated at the facility owner’s expense when a city-approved project requires relocation or undergrounding of the utility structure on which the facility is mounted. Any CUP or administrative permit for a utility mounted facility shall be conditioned to require such removal or relocation at the facility owner’s expense, to require reimbursement of the city’s costs and expenses to remove or relocate the facility if the facility owner refuses to remove or relocate the facility when required, and to waive any claims of damage or loss (including, but not limited to, consequential damages) resulting f rom the city’s removal or relocation of the facility. 17.42.090 17.42.100 Temporary use during declared emergency. Temporary Use. The director of community deve lopment or city emergency operations center director shall have the authority to approve a temporary use permit for wireless communications facilities needed during a declared emergen- cy. The temporary use permit sh all contain the conditions for removal of the temporary f acilities as soon as possible after the conclusion of the declared emergency. Chapter 17.44 APPLICATION REVIEW PROCEDURES Sections: 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. 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 lo t, as defined by the state Subdivision Map Act and the subdivision ordinance. 17.44.030 Zoning clearance. A. Purpose. A zoning clearance is a permit that is granted on the basis of a ministerial decision by the community development director or designee without a hearing. A zoning clearance certifies that a proposed use of land or struc- tures meets all requirements of this title and the applicable condition s 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 c learance is required prior to the im- plementation of uses of land or structures, construction requiring building permits and the commencement of any activ- 844 ity authorized by a permit or subdivision granted in accordance with the zoning and subdiv ision 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 d esignations specified in the general plan, and any applicable specific plan; 3. Comply with the applicable terms and conditions of any applicable permit or other entitlement; 4. Are not located on the same site where a violation of this code exists or are not in violation of the terms of an existing permit covering the site or structure, unless the zoning clearance is necessary to abate the violation; 5. Are not being requested by or on a site where there are outstanding entitlement, processing or cond ition compli- ance fees owed to the city; and 6. Are consistent with the portions of the county hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities. C. Zoning Clearance for Changes to discretionary development permits. Fo r commercial, industrial, or institutional buildings , a zoning clearance may be issued to approve a change in color for an existing building, structure, or other on-site improvement, provided that the community development director is able to find that th e 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 exp ire one year after issuance, unless otherwise indicated by the community development director on the clearance or unless the use of land or structures or building construction has com menced and is being diligently pursued, as evidenced by current inspections and/or valid building permits. 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. 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 requ ire review and approval by the community development director to as- sure compliance with the requirements of this title, and may be conditioned to protect the health, safety, life, aesthetics, or property of the applicant or the public. One (1) additional n inety (90) day extension to a temporary use permit may be granted. A period of sixty (60) days must occur between temporary use permi ts at the same location for a similar temporary use as determined by the Community Development Director. No more than six (6) temporary use permits may be granted within any 12-month period. A temporary use permit may be revoked by the community developmen t director prior to the expiration date based upon information that the con ditions have not been met, or to protect the health, safety, life, or property of the applicant or the public. Temporary use permits shall take the place of a Zoning Clearance when applicable. Temporary uses lasting more than 180 days may be authorized to occur for a longer period of time with an Administrative Permit, at the discretion of the Community Development Director. The following special temporary use permits may be gra nted considering special conditions or time limits as noted. Construction Building or Office - A temporary use permit shall be required for the temporary placement of a construc- tion trailer or other similar structure associated with a project site where a grading or building permit is approved. The temporary use permit may be issued for a period of time determined by the Director and shall be associated with an active construction site with an active building or grading permit. A separate building permit may also be required for such structure. An administrative permit may be obtained for the placement of a temporary construction building which would exceed placement of 180 days or more. 845 Brush Clearance – A temporary use permit shall be required for temporary brush clearance where goats or similar ani- mals are used for removal if excess brush, as required by the Fire Departm ent. A temporary use permit issued for ani- mal brush clearance shall include conditions of approval, applied by the Community Develop ment Department at the discretion of the Director to ensure safety of the animals on the site, safety of humans within the vicinity of the subject property, and to ensure appropriate brush clearance is conducted. 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 f ollowing 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. Non-Profit Fundraising. Fundraising sales by a certif ied 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. 3. Catering. Mobile food vendors may operate as caterers to private events on private property when food or bev- erages are not sold, or offered for sale, to the general public. B. Administrative Permit (AP). An administrative permit is required prior to the initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review and approval by the community development direc- tor is required to assure compliance with the provisions of the Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural review. Notice of a pending decision on an administrative permit shall be mailed by the community development director to the adjacent owners of real property, as identifi ed on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public com- ments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applica- ble regulations will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the permit, deny the permit, or approve the permit su bject to condi- tions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other appli- cable regulations. In order for an administrative permit to be approved, the community development director shall find that: 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 pl an, any applicable specific plans, zoning ordinance, and any other applicable regulations; 2. The site design would not impair the utility of properties, structures or uses in the surrounding area; and 3. The proposed development would be served by adequate infrastructure including but not limited to access to public roadways, water, sewer, gas and / or electrical services, etc., and the development would not pose a health or safety concern or if located in a mapped hazard zone, the development is designed to meet regulatory requirements to minimize health and safety concerns. C. Planned Development (PD) Permit. A planned development permit is required prior to initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review by the planning commission through a public hearing process is required to assure the project design complies with the provisions of this title and the general plan and is compatible with neighboring properties. A planned development permit application is subject to site plan and architectural review and may be approved, conditionally approved, or denied . Heights, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures and other on-site improvements, landscaping design, neighborhood design, and permitted land uses shall be established as part of the planned develo pment permit review and approval process. Any change to the initial permitted land uses shall require a modification consistent with the re- quirements of Section 17.44.100 of this chapter, except as permitted by Section 17.44.030(C) of this chapter. The pla n- 846 ning commission and city council (if required) shall hold at least one (1) public hearing on any planned development permit application for a commercial, industrial or residential planned development, while mixed use planned develop- ment permits shall be reviewed by the planning commission and decided by the city council. Following a public hear- ing, the planning commission shall be the decision authority for commercial, industrial, and residential planned devel- opment permits. The city council shall be the decision authority for mixed use planned development permits. Prior to approving, conditionally approving, or denying an application for a planned development permit, the planning commis- sion (in the case of a commercial, industrial or residential planned d evelopment) or city council (in the case of a mixed use planned development) shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a planned development permit to be a pproved, the city council shall find that: 1. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and col- ors, and landscaping, is consistent with the prov isions of the general plan, any applicable specific plans, zoning ordi- nance, 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 development would be served by adequate infrastructure including but not limited to access to public roadways, water, sewer, gas and / or electrical services, etc., and the development would not pose a health or safety concern or if located in a mapped hazard zone, the development is designed to meet regulatory requirements to minimize health and safety concerns. D. Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of uses in a given zone as specified by Chapter 17.20 of this title where review by the planning commission through a public hearing process is required to determine if the proposed use complies with all necessary findings listed in this subsection. A conditional use permit 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 condi- tional 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 applica- ble regulations; 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area; 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties; 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses; 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare; 6. Additional Finding for Hazardous Waste Facilities. The following additional finding is required for the approval of conditional use permits for hazardous waste facilities: a. The proposed hazardous waste facility is consistent with the portions of the county hazardous waste manage- ment plan that identify specific sites or siting criteria for hazardous waste facilities; 7. Additional Findings for Establishments Selling Alcoholic Beverages. The following additional findings are re- quired for the approval of conditional use permits for establishments selling alcoholic beverages: a. The use would not result in an over concentration in the area of establishments selling alcoholic beverages, b. The use would serve a public convenience, c. The use would not create the need for increased police services, d. The requested use at the proposed location would not adversely affect the economic welfare of the community, and e. The exterior appearance of the structure would not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. 8. Additional Findings for Increase in Building Height. The following additional findings are required for the ap- proval of conditional use permits for additional height in specified zones, not to exceed 60 feet: 847 a. The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, con- sidering the proposed building mass, parking, traffic, noise, vibration, exhaust/ emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations. b. The increase in height will not result in an impact on adjacent properties that cannot be mitigated through the application of code, design standards, or reasonable conditions of approval. c. All required public facilities and services have adequate capacity to serve the proposal. d. The project meets the other requirements of the zoning code and intent of the General Plan. E. Variance. A variance is an adjustment in th e regulations contained in this title. A variance is based on discre- tionary decisions and may be granted to allow deviations from ordinance regulations governing such development fac- tors as setbacks, height, lot coverage, lot area and width, signs, off-street parking, landscaping and wall, fencing and screening standards. A variance shall be processed in accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a substitute to an amendment to these zoning regulations. Except when a variance is filed as part of a planned development permit, conditional use permit and as provided in subsection F of this section, variance requests shall be heard and decided by the planning commission through a public hearing process. Prior to approving, conditionally approving, or denying an application for a variance, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the deci- sion. In order for a variance to be approved, the decision-making authority shall find that: 1. There are special circumstances applicable to the subject property with regard to size, shape, topography, loca- tion or surroundings, such that the strict application of the zoning regulations denies the property owner privileges en- joyed by other property owners in the vicinity and under identical zoning districts; 2. The granting of the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone; 3. The strict application of the zoning regulations as they apply to the subject property will result in practical diffi- culties or unnecessary hardships inconsistent with the general purpose of such regulations; 4. The granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties; and 5. The granting of a variance in conjunction with a hazardous waste facility will be consistent with the portions of the county’s hazardous waste management plan (CHWMP) that identify specific sites or siting criteria for hazardous waste facilities. F. Administrative Exception. 1. An administrative exception may be gran ted by the community development director for minor adjustments to the zoning regulations. An administrative exception may be granted only in the following situations: a. To allow a decrease of up to twenty percent (20%) in any required minimum setback, provided that such excep- tion may be granted only once from the minimum standard adopted by this code, or any planned development permit approved consistent with this code; b. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one (1) foot in setback areas, except in a required sight triangle; c. To allow an increase up to 20% for maximum building coverage, sign area or sign height; d. To allow up to a five-percent (5%) decrease in the required lot area for second units. 2. A notice of a pending decision on an administrative exception shall be mailed out to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning the administrative exception will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the ex- ception, deny the exception, or approve the exception subject to conditions, if necessary for the exception to comply with the general plan, municipal code, and any other applicable regulations. The director’s decision is final unless ap- pealed within ten (10) days in accordance with Section 17.44.090. In the approval of an administrative exception, the director shall find that: a. The granting of the exception will not create negative impacts to abutting properties; b. The strict application of the zoning regulations as they apply to the subject property will result in practical diffi- culties or unnecessary hardships inconsistent with the general purpose of such regulations; and c. The granting of the exception is consistent with the general plan and/or any applicable specific plan. 848 G. Requests for Reasonable Accommodations. 1. This section establishes a process for the request and consideration of a reasonable accommodation in the appli- cation of the city’s land use, zoning, and building standards, regulations, policies, and procedures to allow disabled persons an equal opportunity to use and enjoy housing. 2. Any individual with a disability, his or her representative, or a developer or provider of housing for disabled persons may seek relief from any land use, zoning or building standard, regulation, policy or procedure found in Title 17, Zoning, to ensure equal access to housing by requesting a reasonable accommodation. Requests for a reasonable accommodation must be submitted on an application form provided by the department, and must contain the following information: a. The name, address and telephone number of the applicant; b. The name, address and telephone number of the individual with a disability for whom the reasonable accommo- dation is being requested; c. The name, address, and telephone number of the owner of the property for which the reasonable accommoda- tion request is being made, where different from the applicant; d. The address and current use of the property for which the reaso nable 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 requ ested and the land use, zoning or building standard, regula- tion, policy or procedure to be modified or waived; h. A statement of the reason why the requested accommodation is necessary for the disabled person to use and enjoy the dwelling. 3. If the project for which the request for a reasonable accommodation is made requires another discretionary per- mit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretiona ry 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 w ill provide as- sistance to ensure that the process is accessible. 5. A request for a reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect or negate an individual’s obligation to comply with other applicable regulations not at issue in the requested accommodation. 6. The community development director shall be the decision-maker for a reasonable accommodation that is not made in conjunction with a discretionary approval that would require plann ing commission review. The community development director may refer the processing of the reasonable accommodation to the planning commission for re- view if the request is submitted in conjunction with a re quest for a separate discretionary approval. 7. The reviewing authority shall approve, with or without conditions, the request for a reasonable accommodation if it finds, based upon all of the evidence presented, that all of the following findings can be made: a. The requested accommodation is requested by or on the behalf of one (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 re- quire such a fundamental alteration, the reviewing authority may consider, among other factors: i. Whether the requested accommodation would fundamentally alter the character of the neighborhood; ii. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking; 849 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 ac- commodation that provides an opportunity to use and enjoy a dwelling equivalent to that which would be provided by the accommodation specifically requested where such alternative accommodation would reduce impacts to neighboring properties or the surrounding area. The director shall mail written notice of the determination to the applicant and as part of such notice shall advise the applicant of the right to appeal the determination. The written determination must explain in detail the basis of the decision. The written decision of the reviewing authority shall be final, unless ap- pealed. 9. Any reasonable accommodation approved shall expire one hun dred eighty (180) days after issuance, unless oth- erwise indicated by the community development director or unless the use of land or structures or building construction has commenced and is being diligently pursued, as evidenced by current inspections and/or valid building permits. 10. Any reasonable accommodation may be revoked if any of the conditions or terms of such reasonable accommo- dation are violated, or if any law or city ordinance is violated in connection with the reasonable accommodation. The revocation procedures in Section 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 accommoda- tion was granted ceases to reside at the premises, the reasonable accommodation will remain in effect only if the com- munity development director determines that: a. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the requirements of this Title 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. 17.44.040 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 co mmission 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 initiat- ed 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 develop- ment director; 2. By the adoption of a resolution of intent by the city council either directly or upon the recommendation of either the planning commission or the community development director. C. Pre-Screening. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsec- tion (B)(1) of this section shall only be accepted during t he following submittal cycle schedule: ACTION CYCLE 1 CYCLE 2 850 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 No- vember a. A pre-screening application shall be submitted and approved by the City Council prior to submittal of a formal appli- cation for a general plan, specific plan, or zoning amendment submitted by an applicant other than the City of Moorpark. b. A pre-screening application shall be made in a form and include the information as required by the Community De- velopment Department. The application shall include appropriate maps, diagrams, text, and materials and shall include a fee or deposit as set forth by adopted Council resolution. c. The City Council shall hold at least one public hearing to consider a pre -screening application for a general plan, specific plan, or zoning amendment and render a decision on the approval or denial of the proposed amendment to al- low a formal application to be submitted to the Community Development Department. d. In accordance with Municipal Code Section 17.44.060, no resubmittal of a su bstantially similar application may be made for one (1) year after a denial decisio n of a pre-screening request. e. City Council approvals of general plan, specific plan, or zoning code pre-screening applications are valid for two years from the date of approval, by which an application for the general plan, specific plan or zoning amendment must be filed and deemed complete. D. Filing of Formal Applications. Applications for general plan, specific plan, or zoning amendments proposed pur- suant to subsection (B)(1) shall submit an application consistent with the requirements outlined in Chapter 17.44 of the Municipal Code. Applications for which have not received an approved pre -screening, as described in subsection C, shall not be accepted. E. Study of Additional Area. The community development director, upon review of an application or resolution of intention for an amendment to the general plan map, any specific plan map or zoning map may elect to proc ess the study of additional areas for amendment con currently with the amendment request. F. Findings. The City Council shall make the following findings for amendments to the general plan, specific plans, zoning map or zoning code: 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 detri- mental to the public health, safety, or welfare. 4. The proposed amendment has been processed in accordance with the applicable provisions of the California Gov- ernment Code and the California Environmental Quality Act (CEQA). G. Public hearing procedures. Hearings associated with general plan, specific plan, or zoning amendments pro- posed pursuant to subsection (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 for a general plan, specific plan or zoning amendment. 17.44.050 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 o rdinance 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 ma terials and information prescribed by the forms supp lied by the community development director and be accompanied by the appropriate processing fees as established by city council resolution. B. Fees. 851 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 c ity councilmember in their official ca- pacity. 2. Reimbursement for Code Enforcement Activities. Where a use has commenced, or construction has begun prior to the granting of any required zoning clearance, discretionary permit or exception, or amendment or adoption of a gen- eral 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 buil ding, 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 den i- al decision has become effective on a similar application as determined by the community development director. E. Content of Applications. The content of applications shall be determined by the community development direc- tor and may include, but not be limited to, site plans, building or structure elevations (in color with building materials identified), floor plans, samples of exterior finishing materials and identification of development phases, if any. F. Completeness of Application. A determination as to the completeness of an application pursuant to this title shall be made by the community development director and the applicant shall be notified in writing of this determina- tion no later than thirty (30) calendar days after the city has a ccepted an application under this title. Legislative acts, such as general plan amendments, zoning ordinance amendments, zone changes, amendments to specific plans, specific plan adoption and development agreements, are not subject to this requirement. Upon written notification to the appli- cant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of ninety (90) days from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this ninety (90) day period may be granted by the comm unity 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 b eyond the expertise or staffing capabilities of the city. The costs for all such consultant work combined with the administrative charge in effect at the time for manage- ment of the consultant contract shall be borne by the applicant and are independent of the fees paid to the city for the processing of the application request. 3. Securities. Except as otherwise specified in this title, the decision-making authority may require a performance security on any discretionary entitlement as a condition of such ent itlement. 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 lif e of the permit, and to assure that performance securi- ties continue to reflect the actual anticipated costs for completing a required task. No security shall be released until after all of the applicable conditions of the permit have been met. b. In the event of any failure by the applicant to perform or comply with any term or condition of a di scretionary entitlement, the decision-making authority may, after notice to the a pplicant 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 852 insulate the applicant from liability in excess of the sum of the security for damages or injury, nor from expense or lia- bility suffered by the city from any breach by the applicant of any term or condition of the discretionary entitlement or of any applicable ordinance or of the security. c. The applicant shall maintain the minimum specified amount of a penal security throughout the life of the enti- tlement. Within thirty (30) days of any forfeiture of a penalty security, the applicant shall restore the security to the required level. 4. Abandoned Oil/Gas Wells. All applications will be reviewed for the location over or near any abandoned or idle-deserted oil or gas well, based on maps provided by the state of California Department of Conservation Division of Oil, Gas, and Geothermal Resources (D.O.G.G.R.). The city will notify D.O.G.G.R. of the location of any proposed project that is found to be over or near any such well(s). H. Continuance of Permit During Application Renewal Process. Unless otherwise provided in the conditions of the permit or variance, permits and variances being processed for r enewal shall remain in full force and effect until the renewal request is acted on and all administrative appeals have been exhausted, provided that the renewal application was accepted as complete by the city prior to the expiration of the permit. All the terms and conditions of the permit or variance shall continue to be in full force and effect. 17.44.070 Public hearing procedures. A. Notice. For applications pursuant to this title requiring a public hearing before the city council or planning commission, the community development director shall prepare a public hearing notice. The notice shall include the date, time and place of the hearing, the identity of the hearing body or offi cer, 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 circula- tion within the city, unless otherwise required by state or federal statute. 2. Mailing. The community development director shall mail the notice of the public hearing on permit or variance applications pursuant to Government Code Section 65091, as the same may be amended from time to time. Notices shall be mailed to owners of real pro perty, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing for all ap- plications except applications affecting property completely within the downtown specific plan boundaries and applica- tions affecting one (1) single-family residence, where notices shall be mailed to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within three-hundred (300) feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing. If the number of owners to whom notice would be mailed is greater than one thousand (1,000), the community development director may provide notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the city at least ten (1 0) calendar days prior to the hearing. In the case of appeal hearings, notice shall also be mailed to the appellant and the decision-making authority whose order, requirement, permit, decision or determination is the su bject 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 t he front property line in commercial and industrial areas. At least one (1) sign for every five hundred (500) feet of street frontage shall be dis- played per street frontage of the subject property. The community deve lopment director may reduce the number o f 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 “luxu rious” 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 853 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 co mmunity 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 au- thority, the applicant and parties requesting copies of the report. Presentation of the director’s report and the public hearing process shall follow the hearing process as described in the adopted rules of the planning commission and city council. C. Referral for Information, Report or Study. The planning commission may refer an application back to the com- munity development director for further report, information or study. The city council may refer a matter back to the planning commission or the community development dire ctor for further report, information or study. 17.44.080 Decisions. A. Decision Options. The decision-making authority reviewing an application for a discretionary permit or excep- tion may approve, conditionally approve, deny or modify, wholly or partly, the applic ation being reviewed. The author- ity may impose such conditions and limitations as it deems necessary to assure that the general purpose and intent of this title and this code will be observed. All conditions and restrictions applied to a decision on an application shall automatically continue to govern and limit the subject use or structure unless the action of the decision-making authori- ty clearly indicates otherwise, or the action of the decision-making authority is appealed. B. Time Limits. All decisions on applications made pursuant to this title shall be made in compliance with applica- ble time limits set forth by state law under the Permit Streamlining Act as most recently amended, to the extent such applies, unless a mutually agreed-upon extension is approved by the community development director and applicant as permitted by the Permit Streamlining Act. C. Notice of Decision. The community development director shall notify the applicant of a decision by the plan- ning commission within thirty (30) calen dar 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 d irector or planning commission is effective ten (10) calendar days from the date of decision unless an appeal is filed with the community development director. 2. A decision of the city council is effective on the date it is rendered. E. Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an authority’s decision until the expiration of the decision-maker authority’s appeal period or until the appeal has been resolved, whichever occurs later in accordance with Section 17.44.090. Actions by the decision-making authority are stayed pending the considera- tion of the appeal. F. Expiration and Time Extension. Unless otherwise specified in this title or in the permit or exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire two (2) years from the date of approv- al unless the use is inaugurated in accordance with this title and the application conditions. The applicant is solely re- sponsible for the timely renewal of any application. The city has no obligation to notify the applicant of the imminent expiration of the application. An application for a time extension shall be filed with the community development direc- tor at least thirty (30) calendar days prior to the date of expiration. The time extension application shall be filed on the forms supplied by the community development director and shall be accompanied by the submittal requirements speci- fied by the director and the appropriate filing fee. The time extension process shall conform to the p rocess for the origi- nal permit or exception identified in Section 17.44.060. In considering a request for a time extension, the decision- making body may approve the request, deny the request, or modify or add to any conditions of approval originally im- posed due to changed circumstances since the permit or exception was originally considered. Further extensions may 854 be granted in conformance with the statutes of the California Subdivision Map Act (Government Code 66452 or other applicable regulation). 17.44.080 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 o f 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 autho rized by this title may be appealed by any person, including a member of the city council, to the city council. The appellant shall file the appeal in writing, along with the applicable fee, with the community development director. The appellant shall state the reasons for the appeal and relate the rea- sons to the required findings for approval of the application. 3. Actions and decisions of the city council autho rized 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. 2. An appeal shall be subject to the same type o f public action process (i.e., action item withou t public hearing or public hearing item) and public noticing as required for the original project application. 3. An appeal shall be scheduled for the next available regular meeting of the appellate body following completion of the required legal notice provisions. 17.44.100 Modification, suspension and revocation. A. Modification of Permits. An application for modification of an approved discretionary permit or approved vari- ance pursuant to this section may be filed by any person or entity listed in subsection A of Section 17.44.060. Any change of an approved discretionary permit is also a discretionary decision and shall be classified into one (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 sur- rounding properties, may be deemed a permit adjustment and acted upon by the community develop ment director or designee without a hearing. Any change shall conform to the development requirements of this title or adopted specific plan. Such changes may include, but are not limited to, the following: a. A maximum of 20% increase in floor area but not more or less than 10,000 square feet, respectively; b. A maximum of 20% increase or decrease in the area or height of walls, fences or similar structures used as screening; c. A maximum of 20% increase or decrease in provision for landscaping or similar standards or dimensions; d. Internal remodeling or minor exterior architectural changes or embellishments involving no change in basic architectural style; e. A change in use where the new use requires the same or a lesser permit than the approved or existing use; or the establishment of a new use in an unoccupied building for which a permit has been granted. 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, 855 would not have a substantial adverse impact on surrounding properties and would not change any findings contained in the environmental documentation prepared for the permit, may be deemed a permit modification by the community development director. Action on the permit modification application shall be by the decision-making body that ap- proved the original permit by the same type of public action process (i.e., action item without public hearing or public hearing item) and public noticing as required for the original project application. 3. New Permit Required. Any proposed modification that does not meet the criteria for a permit adjustment or permit modification shall require a new permit application. B. Suspension, Modification or Revocation for Cause. Any permit or variance heretofore or hereafter granted may be revoked, modified or its use suspended, by the same decision-making authority and procedure which would approve the permit or variance under this title. Prior to taking any action the appl icant shall be given notice by U.S. mail at least ten (10) business days prior to the date of the proposed revocation, mod ification or suspension and have an opportunity to be heard by the issuing body prior to any such revocation, mod ification or suspension. An application for such modi- fication, suspension or revocation may be filed, along with applicable fees, by any person. The applicant for such modi- fication, suspension or revocation shall have the burden of proving one (1) or more of the following caus es: 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 enti- tlement. 3. The entitlement was issued erroneously. 4. The project is not in compliance with terms or cond itions of the permit or variance. 5. The project subject to the permit or variance, or any portion thereof, is or h as been used or maintained in viola- tion of any statute, ordinance, law or regulation. 6. The use for which the permit or variance was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist or has been abandoned. 7. The use for which the permit or variance was granted has been so exercised as to be detrimental to the public health, safety or general welfare or as to constitute a nuisance. 8. Changes in technology, or in the type or amount of development in the vicinity of the use or other good cause warrants modification of conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located. C. Non-Waiver. The failure of the community development director, planning commission or city council to re- voke a variance or permit, or to suspend its use, whenever cause therefor exists or occurs, does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use. D. Prohibition. No person shall carry on any of the operations authorized to be pe rformed under the terms of any permit or variance during any period of suspension thereof, or after the revocation thereof, or pending a judgment of court upon any application for writ taken to review the decision or order of the final appeal body in the city in suspend- ing or revoking such permit or variance; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation, for which a suspension of the permit or variance was ordered by the applicable city entity, or such operations as may be required by other laws and regulations for the safety of persons and the protection and preservation of property. 17.44.100Chapter 17.48 TRANSPORTATION DEMAND MANAGEMENT Sections: 17.48.010 Entitlement permit requirements. 17.48.020 Commercial and industrial entitlement permits for developments serving fifty or more employees. 17.48.030 Commercial and industrial entitlement permits for developments serving one hundred or more employees. 856 17.48.040 Commercial and industrial entitlement permits for develo pments serving one hundred fifty or more employees. 17.48.050 Residential entitlement permits for developments of five hundred dwelling units or more. 17.48.010 Entitlement permit requirements. For all residential, commercial and industrial entitlement permits, as described in Section 17.44.030(A)(1), the ap- plicant shall provide, where feasible and ap propriate: A. Transit stop improvements, including, but not limited to, bus pullouts, bus pads or shelters, as required by the decision-making body or other agency; B. Safe and convenient access for pedestrians and bicyclists from the external circulation system to on-site build- ings or internal street/sidewalks. 17.48.020 Commercial and industrial entitlement permits for developments serving fifty or more employees. For all commercial and industrial entitlement permits for developments serving fifty (50) or more employees, the applicant shall comply with the requirements as outlined within Section 17.48.010 and shall include in the project de- sign a transportation information board (see definition, Section 17.08.010) located where it is likely to be seen by the greatest number of employees. Information on the board shall include, but is not limited to, the following: A. Current maps, routes and schedules for public transit routes serving the site; B. Ridesharing promotion material supplied by commuter-oriented organizations; C. Telephone numbers for referrals on transport ation information including numbers for the regional ridesharing agency, Dial-A-Route, and local transit operators; D. Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; E. A listing of facilities and services available for carpoolers, vanpoolers, bicyclists, transit riders and p edestrians at the site. 17.48.020 17.48.030 Commercial and industrial entitlement permits for developments serving one hundred or more employees. All commercial and industrial entitlement permit requests for developments serving one hundred (100) employees or more, shall identify where employee parking will be located and the permit shall comply with the requirements as out- lined within Sections 17.48.010 and 17.48.020, and, to the satisfaction of the city, shall provide all of the following measures: A. Ten percent (10%) of the parking spaces required by Chapter 17.32 shall be dedicated to carpool/vanpoo l spac- es. All said carpool/vanpool spaces shall be located in one (1) location as close as possible to the employee entrance. The carpool/vanpool spaces shall be designated by stenciling “carpool” in the stall; said lettering shall be approved by the director of community development. The location of the carpool/vanpool parking spaces shall be identified on the site plan upon the application for a development permit, to the satisfaction of the city. A statement that preferential car- pool/vanpool spaces for employees are available and description of the method for obtaining such spaces must be in- cluded on the required transportation information board, Section 17.48.020. B. Parking spaces reserved for vanpools must be accessible to vanpool vehicles. The parking spaces shall meet the parking requirements as outlined within Chapter 17.32. C. All bicycle/motorcycle parking spaces shall be located in one (1) location as close as possible to the employee entrance. The bicycle/motorcycle parking spaces shall be designated by stenciling “bicycle” or “motorcycle” in the stall; said lettering shall be approved by the director of community development. 17.48.040 Commercial and industrial entitlement permits for developments serving one hundred fifty or more employees. For all commercial and industrial entitlement permits for developments serving one hundred fifty (150) employees or more, the applicant shall comply with the requirements as outlined within Sections 17.48.010, 17.48.020 and 17.48.030, and shall provide all of the following measures to the satisfaction of the city: A. Sidewalks or other designed pathways following, to the greatest extent feasible, direct and safe routes from the external pedestrian circulation system to each, and between each, building in the development; 857 B. Development design shall incorporate showers, changing rooms and lockers for employees who bicycle, jog or walk to work. C. Development design shall incorporate, at a minimum, lunchrooms, and if feasible, cafeterias, eating establish- ments or other facilities which will reduce the need for mid-day driving. 17.48.050 Residential entitlement permits for developments of five hundred dwelling units or more. For all residential developments of five hundred (500) dwelling units or more, the applicant shall comply with the requirements as outlined within Section 17.48.010, and shall comply with the following measure to the satisfaction of the city: Development design shall, to the greatest extent possible, and as appropriate based on adjacent land use, incorporate services such as dry cleaners, eating establishments, childcare facilities, grocery markets, neighborhood work centers and other facilities which will reduce home-based vehicle trips and vehicle miles traveled, and, if necessary, apply for a zone change to accommodate such services. Chapter 17.50 ART IN PUBLIC PLACES Sections: 17.50.010 Purpose. 17.50.020 Definitions. 17.50.030 Public art fund. 17.50.040 Moorpark arts commission. 17.50.050 Projects subject to provisions of this chapter. 17.50.060 Exceptions. 17.50.070 Development obligation. 17.50.080 Covenant for maintenance. 17.50.090 Art in phased developments. 17.50.100 Time of compliance. 17.50.110 Artwork valuation. 17.50.120 Application and approval procedures for artwork. 17.50.130 Maintenance and ownership of artwork. 17.50.010 Purpose. The city council finds and declares: A. Cultural and artistic resources, including ar twork and performing arts, enhance the quality of life for individuals living in, working in, and visiting the city. B. Balanced development of cultural and artistic resour ces preserves and improves the quality of the urban envi- ronment and increases real property values. C. As development and revitalization of the real property within the city continue, the opportunity for creation of cultural and artistic resources is diminished. As development and revitalization continue as a result of market forces, urbanization of the community results. As these opportunities are diminished and this urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased. D. Development of cultural and artistic assets should be financed by those whose development and revitalization dimin- ish the availability of the community’s resources for those opportunities and contribute to community urbanization. E. Establishment of this art in public places program will promote the general welfare through balancing the com- munity’s physical growth with revitalization and its cultural and artistic resources. 17.50.020 Definitions. As used in this chapter: 858 “Artist” means a person who has established a reputation of artistic excellence in the arts, including, but not limited to, visual, or performing arts, as judged by peers and experts in the field, th rough a record of public exhibitions, per- formances, commissions, sale of works, recognition and/or educational attainment. The qualified artist shall work pri- marily in the production of unique art. “Artwork” means an original creation of art, designed and envisioned by an artist, including, but not limited to, the following media and materials: 1. A sculpture which may be freestanding, wall-supported or suspended, kinetic, electronic, or in any material o r combination of materials; 2. Affixed murals, mosaics, or paintings in any material or combination of materials; 3. Decorative, ornamental, or functional building elements such as gates or other architectural elements of a build- ing, as approved by the city, commissioned for the purpose of creating a permanently affixed piece of art; 4. Water features or fountains, if the design is not dependent on the addition of water to function as an artistic en- hancement should the water cease to function properly. There must be a demonstrated collaboration between the artist and the water feature design company with the artist as the lead concept designer. Artwork, as defined herein, may be made with any material or combination of materials and may be perm anent, fixed or temporary. “Building valuation” means the total valuation for an applicable project, excluding land value and off-site improve- ment costs, as determined by the building official. “Public place” means any exterior area on private or public property w hich is easily accessible or clearly visible to the general public. 17.50.030 Public art fund. An art fund shall be created where fees are deposited pursuant to this chapter. The fund shall be maintained and used solely for the city’s art in public places program: 1. For the acquisition, installation, improvement, maintenance and insurance of an artwork; 2. For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the city; 3. For maintenance and utility charges related to property purchased pursuant to subsections A and C of Section 17.50.130 of this chapter; 4. For the development of a design concept and the preparation of construction drawings; 5. For costs associated with administering the art in public places program, in an amount not to exceed fifteen per- cent (15%) of the program allocation; 6. For the acquisition, design, construction, oper ation and/or maintenance of art and/or multi-cultural display space, demonstration, and performance space to be utilized by individuals and nonprofit arts organizations for arts and cultural programming; 7. For developing multi-cultural programs for the enjoyment and appreciation of art, heritage and culture within the Moorpark community; 8. For supporting the development of arts and multi-cultural programming in Moorpark by eligible nonprofit or- ganizations, subject to city council approval. 17.50.030 17.50.040 Moorpark arts commission. The Moorpark arts commission, established pursuant to Chapter 2.38 of this code, shall be responsible for the re- view of proposed artwork design and location pursuant to Section 17.50.120 of this chapter. 17.50.050 Projects subject to provisions of this chapter. A. All new residential developments of more than four (4) units, and all commerci al and industrial development projects, with a building valuation exceeding five hundred thousand dollars ($500,000.00) shall be subject to the provi- sions of this chapter. B. Including but not limited to exterior modifications, alterations and additions, all remodeling of existing residen- tial buildings of more than four (4) units and al l remodeling of existing commercial and industrial buildings shall be subject to the provisions of this chapter when such remodeling results in additional gross square footage of the building and has a valuation exceeding two hundred fifty thousand dollars ($250,000.00). 859 17.50.060 Exceptions. The following developments or modifications, alterations and additions to the developments are exempt from this chapter: low or moderate housing, senior housing, performing arts facilities, museums, public buildings, interior re- modeling/tenant improvements, and national and state disaster repairs/rebuilding required by code. This exemption shall apply only as long as the exempt use is maintained. 17.50.070 Development obligation. A. Any development subject to this chapter pursuant to Section 17.50.050 of this chapter shall be obligated to con- tribute to the city’s art in public places p rogram. The amount of such contribution shall be a percentage of the total building valuation for the develo pment. The percentage required to be contributed shall be set by city council resolu- tion. B. At the city’s sole discretion, an applicant may satisfy the contribution obligation required by subsection A of this section in one (1) of two (2) ways: 1. Through payment in cash of the contribution amount directly to the art fund (the “in-lieu fee”); or 2. Through installation of an approved artwork, equal to or exceeding the value of the contribution amount, pursu- ant to Section 17.50.100 of this chapter. Artwork must be installed in a public place, with the specific site location to be approved by the city. C. Fifteen percent (15%) of the revenue generated from the art fund may be allocated for city administrative costs. 17.50.080 Covenant for maintenance. A. The applicant must record a maintenance covenant on the subject property, in a format approved by the city, which provides for ongoing maintenance of approved artwork prior to the issuance of a certificate of occupancy or pri- or to the final building permit sign-off. B. Removal of approved artwork on private property pursuant to this chapter without city approval is a violation of this chapter. 17.50.090 Art in phased developments. For developments to be built in phases, the applicant shall provide the city with a detailed phasing plan and timeline. In phased developments, the applicant may be required to install public art in each development phas e at the city’s dis- cretion. 17.50.100 Time of compliance. A. If the city approves an applicant’s payment of an in-lieu art fee to satisfy his public art obligation, such payment shall be made prior to the issuance of a building permit. As used in this chapter, “applicant” shall be an applicant for a building permit for a development which is subject to this chapter, pursuant to Section 17.50.050 of this chapter. B. If the city approves an applicant’s installation of an approved artwork on private proper ty to satisfy his public art obligation, the artwork shall be approved, as provided herein, prior to the issuance of a building permit. Such ap- proved artwork must be installed and complete prior to issuance of a certificate of occupancy. C. The applicant must record a maintenance covenant of the subject artwork as provided in Section 17.50.070 of this chapter, prior to the issuance of a certificate of occupancy. D. If any approved artwork placed on private pro perty pursuant to this chapter is removed with out city approval, the certificate of occupancy may be revoked. 17.50.100 17.50.110 Artwork valuation. A. Expenses which may be used for calculating the value of the artwork are limited to: 1. Fees for the artist, structural engineering and fabrication; 2. Mountings, pumps, motors, subterranean equipment, pedestals, or materials directly necessary for installation of the artwork; and 3. Lighting elements integral to illuminating the artwork. B. Expenses not allowed to be calculated in the value of the artwork include, but are not limited to: 1. Expenses to locate an artist; 860 2. Architect and landscape architect fees; 3. Landscaping around an artwork; 4. Transportation of the artwork; 5. Utility fees associated with activating electronic or water -generated artwork; and 6. Lighting elements not integral to the illumination of the artwork as determined by the city. 17.50.120 Application and approval procedures for artwork. A. Application Procedures. An application for placement of artwork on private property shall be submitted to the community development department with a copy to the park, recreation, and community services department and shall include, but not be limited to: 1. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork; 2. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs; 3. Preliminary plans containing such detailed information as may be required by the community development de- partment to adequately evaluate the site location of the artwork in relation to the proposed development and its compat- ibility with the neighborhood in which it is located; and 4. A narrative statement indicating how the artwork will be displayed in a public place freely available to the gen- eral public at least ten (10) hours each day, or equivalent alternatives acceptable to the city. B. Approval. 1. The parks, recreation, and community services director shall rev iew the application for completeness, and if it is found complete, prepare a recommendation to the arts commission. 2. The commission shall be responsible for reviewing the proposed artwork for its aesthetic quality and harmony with the existing and proposed on-site improvements, and the proposed location of and public accessibility to the art- work. 3. The commission shall provide a recommendation to the city council regarding the site location and conceptual design of the proposed artwork. 4. At the next regularly scheduled city council meeting, following the action by the commission, the parks, recrea- tion, and community services director shall present the commission’s recommendation for council consideration. Ac- tion by the city council is final. 17.50.130 Maintenance and ownership of artwork. A. All artwork placed on the site of the applicant’s project shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the owner of the site. B. “Maintenance of artwork,” as used in this chapter, shall include, without limitation, preservation of the artwork in good working condition to the satisfaction of the city; protection of the artwork against physical d efacement, mutila- tion or alteration; and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the city. Prior to the placement of an approved artwork, the applicant and owner of the site shall execute and record a covenant in a form approved by the city for maintenance of the artwork. Failure to maintain the artwork as provided herein is hereby declared to be a public nuisance. C. In addition to all other remedies provided by law, in the event the owner fails to maintain the artwork, upon reasonable notice, the city may perform all necessary repairs and maintenance, or secure insurance, and the costs there- for shall become a lien against the real property. Chapter 17.52 NONCONFORMITIES AND SUBSTANDARD LOTS Sections: 17.52.010 Purpose. 17.52.020 Nonconforming structures. 17.52.030 Continuation of existing nonconformance mobilehomes. 861 17.52.040 Nonconforming uses due only to changes in parking requirements. 17.52.050 The keeping of animals. 17.52.060 Other nonconforming uses (no longer permitted). 17.52.065 Garage conversions—Grandfathered. 17.52.070 Destruction. 17.52.080 Additional use. 17.52.090 Use of nonconforming lots. 17.52.100 Involuntary nonconformance. 17.52.110 Effect of change of zoning regulations. 17.52.010 Purpose. The purpose of this chapter is to provide for the continuation, alteration, conversion or termination of certain classes of lawful, nonconforming uses and structures (other than signs and billboards) under certai n conditions, and to regulate substandard lots. These provisions apply to uses and structures which deviate from the regulations of this title. 17.52.020 Nonconforming structures. Where structures have been rendered nonconforming due only to revisions in development standards dealing with lot coverage, lot area per structure, height or setbacks, and the use therein is permitted or conditionally permitted in the zone, such structures are not required to be terminated under this chapter and may be continued and expanded or ex- tended on the same lot provided that the structural or other alterations for the expansion or extension of the structure are either required by law, or are in conformance with the regulations in effect for t he zone in which such structures are located. A. Nonconforming Facilities for Nonmotorized Wheeled Conveyances. Notwithstanding any other provision of this chapter, any facility or structure for nonmotorized wheeled conveyances that has been rendered nonconforming by the enactment of Section 17.28.240 and the subsections thereof shall, on or before September 1, 1989, either be brought into conformance or be removed. 17.52.030 Continuation of existing nonconforming mobilehomes. A. The use of a nonconforming mobilehome as a residence under a continuation permit in lieu of any and all other residences permitted or conditionally permitted for any purpose may continue to be used as a residence by a new owner if a director of community development conditional use permit is obtained and the following conditions are met: 1. The mobilehome is in compliance with Section 17.28.020(C)(3) and the parking requirements of Section 17.32.010; and 2. The mobilehome was being used legally as a residence on the subject site on or before July 24, 1978, an d the mobilehome has been so used and has remained continuously in place since the actual commencement of such use. B. Mobilehomes used as residences under a director of community development conditional use permit between July 24, 1978 and July 2, 1981, may continue to be used as such if no other residence was located on the subject site at any time between July 24, 1978 and the time of issuance of the director of community development conditional use permit, provided that either (1) a modification to renew the director of community development conditional use permit is obtained; or (2) the status of the mobilehome as a single-family dwelling meets the provisions of Section 17.28.020(C)(3) and parking requirements of Section 17.32.010. 17.52.040 Nonconforming uses due only to changes in parking requirements. Where uses have been rendered nonconforming due only to revisions in parking requir ements, such uses may be continued, expanded or be terminated as follows: A. Expansion and Conformance. Expansion of the particular use shall be permitted if the current parking require- ments for the use can be met, and the addition or enlargements otherwise confo rm to the regulations in effect for the zone in which it is located. 1. Exception. A single-family dwelling may be expanded when the proposed expansion does not meet current parking requirements, if all of the following conditions exist: a. The dwelling has at least one (1) covered parking space; 862 b. The existing lot configuration does not allow for a second covered space, or does not allow for access to a sec- ond covered space; c. The driveway provides a minimum of twenty (20) feet from the property line to the existing covered space, which can be utilized as a parking space; d. The proposed addition otherwise conforms to the provisions of this title. B. Changes of Use. Changes of use to a similar use, with the same or less parking requirements and type of permit allowed in the same zone, shall be allowed provided that current requirements for parking can be met. Where parking cannot meet the current requirement for the new use, the required permit under this title must be obtained. In such cas- es, the parking requirements shall be determined to the satisfaction of the planning division and be specified by the permit. The parking specified under the permit shall not be considered conforming. C. Discontinuance and Change of Use Status. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use, or a change of nonconforming use to a co nforming use, constitutes abandonment and termination of the nonconforming status of the use. 17.52.050 The keeping of animals. Nonconformities due to the keeping of animals as a use, number of animals, type of animals, minimum lot area re- quired for animals, or other standards for the keeping of animals as an accessory use to dwellings, shall be brought into conformance not later than three (3) years after the same becomes nonconforming, unless a continuance is granted in accordance with Section 17.52.060(B)(5). 17.52.060 Other nonconforming uses (no longer permitted). All nonconforming uses which are no longer permitted in the zone in which they are located shall be regulated ac- cording to the following provisions: A. Uses Not Involving Permanent Structures. The nonconforming use of land where no permanent s tructure is in- volved shall be terminated not later than three (3) years after such use becomes nonconforming. B. Uses Within Structures Subject to Amortization. All nonconforming commercial or industrial uses in residential (R), open space or agricultural zones, within conforming or nonconforming structures, shall be amortized from the ef- fective date of this title or a later amendment which renders the use nonconforming, based on the square footage of the structure at the time the use is rendered no nconforming, as follows: Ten (10) years for one thousand (1,000) square feet, plus 1.25 years for each additional one hundred (100) square feet over one thousand (1,000) square feet; max imum sixty (60) years. At the end of the amortization period, the use shall be brought into conformance with this title or ter- minated, unless a continuance is obtained pursuant to Section 17.52.060(B)(5). 1. Expansion and Change of Use Prohibited. Nonconforming uses under the above paragraph shall not be changed to another use or be expanded or extended in any way on the same or any adjoining land nor into any o ther portion of a structure or lot during the amortization period, e xcept that structural alterations may be made therein as required by law. Furthermore, such nonconforming uses shall not be expanded or extended beyond the scope of specific conditions to a continuance of nonconformity granted pursuant to Section 17.52.060(B)(5), and subs equent to the period of amor- tization. 2. Discontinuance or Change of Use Status. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and ter- mination of the nonconforming status of the use. 3. Notice of Amortization. The director of community development shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in con- formance with the regulations of this title, in those instances where the director of community development has knowledge of such nonconformity. Such notice shall be sent in a timely manner. If the amortization period ends before or less than six (6) months after such knowledge of the nonconformity, notice shall be given that the amortization peri- od in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this chapter, including the declared purposes thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this chapter. 4. Notice of Termination and Order to Comply. Notice of termination of a nonconforming use and order to comply shall be served by the director of community development at the end of the amortization period upon the owner of rec- 863 ord whose property contains such nonconforming use. In those instances where the director of community development is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconforming use. 5. Request for a Continuance of Nonconformities Beyond Period of Amortization. A request for a continuance of nonconformities beyond the period of amortization may be granted as follows: a. Grounds for Continuance. A nonconforming use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this chapter if the director of community development makes the following determinations: i. Special Circumstances. That special circumstances apply to any such use or structure which do not apply gener- ally to others affected hereby; and ii. Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with and not detrimental to the use of adjacent properties. b. Application Process for Continuance. Any application for a continuance of a nonconforming use or structure must be filed with the planning division no later than thirty (30) d ays following the service of a notice of termination and order to comply, or within thirty (30) days following the continued termination date. An application for a continu- ance may be filed by the owner of the property, a person with a power of attorney fro m the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with Section 17.44.040(I). c. Determination by Director of Community Development. Upon filing of a complete application, the director of community development shall investigate the matter, give proper notice, hold an administrative hearing and make a decision thereon based on the criteria set out in this section and supported by written findings of fact within seventy - five (75) days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the director of community development. The director of community development may im- pose such conditions, including time limitations, as he or she deems necessary for the co mpatibility of such noncon- formity with adjacent properties. d. Appeals shall be filed in accordance with Section 17.44.090(A). C. Uses Not Amortized. Upon the effective date of the ordinance codified in this title or a later amendment thereto, any nonconforming use within a structure not otherwise identified in subsection B of this section, such as schools, boardinghouses, residential uses in commercial and industrial zones, uses in excess of the number permitted per lot, commercial uses in commercial zones, and industrial uses in industrial zones may continue, provided that: 1. Expansion. No additions or enlargements shall be made to such nonconforming use or the structure in which it is located, except for alterations which may be required by law, expansions within the existing structure if no structural alterations are made, or additions to existing principal dwellings and churches in residential zones, which otherwise conform to the specific development standards of the zone in which the use is located. In the case of principal dwell- ings in excess of the number permitted per lot, only one (1) such dwelling may be expanded. The height and setback standards of the R-1 zone shall apply to a nonconforming residential use in a commercial or industrial zone. 2. Change of Use. The nonconforming use may be changed to a use that is similar with approval of a city council approved conditional permit pursuant to the requirements of Chapter 17.44, Application Review Procedures, provided the changed use is considered to have no greater impact than the previously existing use, is similar to the nonconform- ing use and is not considered as an expansion of the existing use. Co nditions may be imposed, including, but not lim- ited to, time limitations, as deemed necessary for the compatibility of such nonconforming use with adjacent properties. 3. Discontinuance and Change of Use Status. The discontinuance for a period of one hundred eighty (180) or more days of the nonconforming use, or a change of the nonconfor ming use to a conforming use, a dissimilar use or a condi- tionally permitted use, constitutes abandonment and termination of the nonconforming status of the use. 17.52.060 17.52.065 Garage conversions—Grandfathered. Garages, which were converted, without a permit, to a use other than a garage use prior to the city’s incorporation, shall be considered to be legally conforming uses if the property owner is able to meet the following pr ovisions: A. The property owner shall prove to the satisfaction of the director of community development that the conversion was done prior to city incorporation (July 1, 1983). B. The property owner shall apply for and obtain an administrative permit and building permit for the pu rpose of assuring that the conversion meets all applicable building codes. The administrative permit and building permit shall be 864 obtained within four (4) weeks of notification from the city of the property owner’s compliance with subsection A of this section. The director of community development may extend the time period to obtain a building permit upon the determination that a circumstance justifying the need for such extension exists. 17.52.070 Destruction. The following provisions shall regulate the destruction of structures in the given situations: A. Uses Not Amortized. The following provisions shall apply to nonamortized, nonconforming structures and structures containing nonconforming uses not su bject to amortization: 1. Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of fifty percent (50%) or less of its floor or roof area which existed before destruction, or is involuntarily damaged or destroyed in whole or in part, the structure may be restored to its original state existing before such removal, damage or destruction. The occu- pancy or use of the structure or part thereof which existed at the time of the damage or destruction may be continued if the restoration is started within a period of twelve (12) months after the occurrence of the damage or destruction and is diligently pursued to completion. 2. Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of more than fifty per- cent (50%) of its floor or roof area which e xisted before destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located. B. Uses Amortized. The following provisions shall apply to amortized nonconforming structures and structures containing nonconforming uses subject to amortization: 1. Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of fifty percent (50%) or less of its floor or roof area before destruction, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which exist- ed at the time of the partial destruction may be continued if the restoration is started within a period of twelve (12) months after the occurrence of the partial destruction and is diligently pursued to completion. 2. Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of more than fifty percent (50%) of its floor or roof area before such r emoval, damage or destruction, no structural altera- tions, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located. 17.52.080 Additional use. While a nonconforming use of any kind except the keeping of animals exists on any lot, no additional principal or accessory use is permitted even if such additional use would be a conforming use. 17.52.090 Use of nonconforming lots. The use of land as permitted for the zone or subzone in which it is located shall be permi tted on a lot of less area than that required by the regulations of such zone or subzone if and only if the lot is a legal lot. 17.52.100 Involuntary nonconformance. Notwithstanding any other provision of this title, no lot shall be considered nonconforming within the purview of this chapter if such lot is rendered nonconforming as a result of a conveyance of any interest in such lot to a public enti- ty through eminent domain proceedings, under threat of eminent domain proceedings or to meet a requirement of any public entity having jurisdiction. 17.52.110 Effect of change of zoning regulations. A. On Authorized Uses Under Discretionary Permits. Any construction, expansion or alteration of a use of land or structures and any required zoning clearance therefor, which are authorized by a discretionary entitlement approved on or before the effective date of an ord inance amendment, may be completed as authorized in the entitlement and in ac- cordance with Section 17.44.060(G). B. On Uses Requiring a Ministerial Decision. All uses involving construction, expansion or alteration of a use of land or structures which requires a ministerial decision only, shall be required to comply with the new regulati ons on the effective date of the ordinance amendment. If the required zoning clearance has been issued and the change of regu- lation is such that the zoning clearance no longer conforms to the provisions of this title, a new zoning clearance which 865 conforms to the newly adopted regulations must be obtained before a building permit or other necessary entitlement is issued by any agency. C. Where the Only Change is in the Type of Permit Required. Whenever adoption of this title or an amendment thereto results only in a requirement for a different permit for the same existing use, the prop erty being used shall be governed by the following provisions: 1. If the use affected is existing lawfully as a permitted use of any kind, the existing use is deemed to be con form- ing without any further action. Any modifications or expansions of the use, change of use, or additional use shall con- form to this title, including requirements for type of permit. Internal remodeling or minor architectural changes or em- bellishments involving no change in basic architectural style shall not result in a requirement for a new permit. 2. If the use affected is under a permit that specifies an expiration dat e or clause and the new regulation requires a different permit, the use may continue until the specified point of expiration, at which time the permit expires and the use shall terminate, unless the applicant has applied for the required permit or renewal under this title. Chapter 17.53 NOISE Sections: 17.53.010 Purpose and intent. 17.53.020 Definitions. 17.53.030 Duties of director of community development as noise control officer. 17.53.040 Discretionary actions. 17.53.050 Disturbing noises prohibited. 17.53.060 Noise measurement procedure. 17.53.070 Prohibited acts. 17.53.080 Exterior noise limits—Sound levels by receiving land use districts. 17.53.090 Interior noise limits. 17.53.100 Exemptions. 17.53.110 Enforcement. 17.53.010 Purpose and intent. The purpose and intent of this chapter are to establish criteria and procedures to implement the noise element and to maintain quiet in those areas which exhibit low noise levels and to help control noise in those areas within the city where noise levels are above acceptable values. 17.53.020 Definitions. All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. “A-Weighted sound level” means the sound level in decibels as measured on a sound level meter using the A- weighting network. The level read is designated dB(A) or dB. “Ambient noise level” means the composite of noise fr om all sources near and far. In this context, the am bient noise level constitutes the normal or existing level of environmental noise at a given location. “Construction” means any site preparation, assembly, erection, substantial. repair, alter ation, or similar action, for or of public or private rights-of-way, structures, utilities or similar property. “Cumulative period” means a period of time composed of individual time segments which may be continuous or interrupted. “Decibel” means a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals. “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property. 866 “Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. “Fixed noise source” means a stationary device which creates sounds while fixed or motionless, including but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. “Impulsive sound” means a sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. “Intrusive noise” means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of o ccurrence and tonal or informational content as well as the prevailing ambient noise level. “Permit” means the possession of a permit issued by the city; or, where no permits are issued, the sanctioning of the activity by the jurisdiction as noted in a public record. “Mobile noise source” means any noise source other than a fixed noise source. “Motor vehicle” means a motor vehicle which shall include any and all self-propelled vehicles as defined in the Cal- ifornia Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said code, and all off-highway type motor vehicles subject to identification under said code. “Muffler or sound dissipative device” means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reduc- ing noise. “Noise control office (r) (NCO)” refers to the director of community development or his/her designee. “Noise disturbance” means any sound which, as judged by the director of community development, (1) endangers or injures the safety or health of human beings or animals, or (2) annoys or disturbs reasonable persons of normal sensitiv- ities, or (3) endangers or injures personal or real property, or (4) v iolates the factors set forth in this ordinance. Compli- ance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance. “Noise sensitive land use” means any land use (i.e., residential development) or designated g eographic area (i.e., hospital complex) where “intrusive noise” is incompatible with the conduct of the noise sensitive uses or constitutes a “noise disturbance” for residents or workers. “Powered model vehicle” means any self-propelled waterborne, airborne, or landborne, plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car, or rocket. “Property line” means boundary line between two (2) or more adjacent legal lots as defined in the city municipal code. “Public right-of-way” means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity. “Public space” means any real property or structures thereon which are owne d or controlled by a governmental enti- ty. “Pure tone” means any sound which can be judged as audible as a single pitch or a set of single pitches by the direc- tor of community development. For the purposes of this chapter, a pure tone shall exist if the on e-third (1/3) octave band sound pressure level in the band width where the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third (1/3) octave bands by five (5) dB(A) for center frequencies of five hundred (500 ) Hz and above and by eight (8) dB(A) for center frequencies between one hundred sixty (160) and four hundred (400) Hz and by fifteen (15) dB(A) for center frequencies less than or equal to one hundred twenty-five (125) Hz. “Sound amplifying equipment” means any device for the amplification of the human vo ice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in this chapter, warning d evices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. “Sound level meter” means an instrument, including but not limited to, a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements per- tinent for type S2A meters in American National Standards Institute specifications for sound level meters, or the most recent revision thereof. “Sound truck” means any motor vehicle, or any other vehicle, regardless of motor power, whether in motion or sta- tionery, having mounted thereon, or attached thereto, any sound amplifying equipment. “Weekday” means any day, Monday through Friday, which is not a legal hol iday observed by the city. 867 17.53.030 Duties of director of community development as noise control officer. A. Lead Official. The noise control program established by this chapter shall be administered by the director of community development or his/her designee. B. Powers. In order to implement and enforce this chapter and for the purpose of noise abatement and control, the director of community development shall have, in addition to any other authority, the power to: 1. Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint coopera- tive investigation with public or private agencies. 2. Conduct programs of public education regarding: a. The cause and effects of noise and methods of abatement and control of noise; and b. The actions prohibited by this chapter and the procedures for reporting violations; and c. Encourage the participation of public interest groups in related public information efforts. 3. Develop measurement standards and procedures which will further the purposes of this chapter. 4. Develop administrative procedures which will provide for effective enforcement of this chapter. 5. Investigate and pursue possible violations based upon the provisions in this chapter. 6. Delegate functions, where appropriate under this chapter, to personnel under the director of community devel- opment and to other departments as may be determined by the city manager, subject to the approval of the city council. 17.53.040 Discretionary actions. Prior to the approval of any discretionary permit which may authorize development of a noise sensitive land use or a land use that may generate noise beyond the maximum acceptable levels contained herein, the planning commi ssion or the city council as the decision-making body shall: A. Review the noise impact of the discretionary permit by identifying existing and projected noise generators and the associated sound levels. B. Require the use of adequate control measures on noise generators identified through the discr etionary permit process which will be in violation of any provision of this chapter. 17.53.050 Disturbing noises prohibited. A. Not withstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasona- ble person of normal sensitivity residing in the area. B. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following: 1. The sound level of the objectionable noise; 2. The sound level of the ambient noise; 3. The proximity of the noise to residential sleeping facilities; 4. The nature and zoning of the area within wh ich the noise emanates; 5. The number of persons affected by the noise source; 6. The time of day or night the noise occurs; 7. The duration of the noise and its tonal informational or musical content; 8. Whether the noise is continuous, recurrent, or intermittent; 9. Whether the noise is produced by a commercial or noncommercial activity. 17.53.060 Noise measurement procedure. Upon receipt of a complaint from a citizen, the director of community development or his/her designee, equipped with sound level measurement equipment, shall investigate the co mplaint. The investigation shall consist of a meas- urement and the gathering of data to adequately define the noise problem and shall include the following: A. Type of noise source; B. Location of noise source relative to complainants’ property; C. Time period during which noise source is considered by complainant to be intrusive; D. Total duration of noise produced by noise source; E. Date and time of noise measurement survey; 868 F. Utilizing the “A” weighted scale of the sound level meter and the “slow” meter r esponse (use “fast” response for “impulsive sounds”), the noise level shall be measured at a location or locations at any point on the receiver’s prop- erty. The microphone shall be located four (4) to five (5) feet above the ground and ten (10) feet or more from the near- est reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter criteria shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four (4) feet from the wall, ceiling, or floor nearest the noise source, with windows in the norm al seasonal configuration. Calibration of the meas- urement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data. 17.53.070 Prohibited acts. General. No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. Notwithstanding any other provision of this chapter, and in addition thereto, the following acts, and the causing or per- mitting thereof, are declared to be in violation of this chapter: A. Operating, playing or permitting the operation or playing of any radio, television set, st ereo or digital equip- ment, drum, musical instrument, or similar device which produces or reproduces sound: 1. Between the hours of ten (10:00) p.m. and seven (7:00) a.m. any day of the week in such a manner as to create a noise disturbance across a residential or co mmercial property line or at any time to violate the provisions of Section 17.53.050, except for activities for which a temporary use permit or conditional use permit has been issued by the city. 2. In such a manner as to exceed the levels set forth for public space in Table 4, mea sured at a distance of at least fifty (50) feet (fifteen (15) meters) from such device operating on a public right-of-way or public space. B. Operating for any purpose or permitting the operation of any loudspeaker, loudspeaker system, or similar device between the hours of ten (10:00) p.m. and seven (7:00) a.m . any day of the week, such that the sound there creates a noise disturbance across a residential property line, or at any time violates the provisions of Section 17.53.050, except for any activity for which a temporary use permit or conditional use permit has been issued by the city. C. Offering for sale, selling anything, or advertising by shouting or outcry within any residential or comme rcial area of the city, except by temporary use permit or con ditional use permit issued by the city. D. Owning, possessing or harboring any animal or bird which frequently or for long dur ation, howls, barks, me- ows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial pr operty line. E. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten (10:00) p.m. and seven (7:00) a.m. any day of the week in such a man- ner as to cause a noise disturbance across a residential property line or at any time to violate the provisions of Section 17.53.050. F. Operating or permitting the operation of any tools or equipment used in construction, dril ling, repair, alteration, or demolition work so as to violate the provisions of Table 1 or Table 2 or Table 2A between weekday (Saturdays and legal holidays observed by the city included) hours of seven (7:00) p.m. and seven (7:00) a.m., or at any time on Sun- days, such that the sound there from creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities, government agencies, or by temporary use permit issued by the city. (This section shall not apply to the use of domestic power tools or machinery). G. Operating or permitting the operation of any mobile or stationary internal combustion engine powered equip- ment or machinery that is not equipped with suitable exhaust and air intake silencers in proper wor king order. H. Operating or permitting the operation of powered model veh icles: 1. Between the hours of seven (7:00) p.m. and seven (7:00) a.m. so as to cr eate a noise disturbance across a resi- dential or commercial property line or at any time to violate the prov isions of this chapter. 2. In such a manner as to exceed the lev els set forth for public space land use in Table 4, measured at a distance not less than one hundred (100) feet (thirty (30) meters) from any point on the path of a vehicle opera ting on public space or public right-of-way. I. Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, si- ren, whistle, or similar device, intended primarily for non-emergency purposes, from any place, for more than ten (10) seconds in any hourly period; provided however: 1. Houses of religious worship that utilize an electronically amplified or nonamplified signal from a bell, chime, carillon or similar device that may signal the commencement or co mpletion of worship services shall be exempt from this provision. 869 2. Sound sources covered by this provision and not exempted under any other subsection may be exempted by a temporary use permit or conditional use permit issued by the city. J. The intentional sounding or permitting the sounding outdoors of any fire or burglar alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing between the hours of seven (7:00) p.m. and seven (7:00) a.m. Any such testing shall use onl y the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds. K. Sounding or permitting the sounding of any ex terior burglar or fire alarm or any motor vehicle burglar alarm, unless such alarm is terminated within fifteen (15) minutes of activation. L. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten (10:00) p.m. and seven (7) a.m., so as to create a noise disturbance across a residen tial or commercial property line. M. Operating or permitting the operation of any motor, machinery, or pump, such as swimming pool equipment, that is not sufficiently enclosed or muffled and maintained so as not to create a noise disturbance or so as at a ny time to violate the provisions of Table 2. N. Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed any of the sound levels listed in Table 3. O. Operating or permitting the operation or playing of any loudspeaker, musical instrument, motorized racing ve- hicle, or other source of sound in any place of public entertainment tha t exceeds ninety-five (95) dB(A) as read on the slow response of a sound level meter at any point normally occupied b y a customer, without a conspicuous and legible sign stating: “Warning: Sound Levels Within May Cause Hearing Impairment.” Table 1 Residential Properties—Mobile Equipment. Maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment: Type I Areas: Single-Family Residential Type II Areas: Multifamily Residential Daily, except Sundays and legal holidays 7:00 a.m. to 7:00 p.m. 75 dB(A) 80 dB(A) Daily, 7:00 p.m. to 7:00 a.m. and all- day Sunday and legal holidays 60 dB(A) 65 dB(A) Table 2 Residential Properties—Stationary Equipment. Maximum noise levels for repetitively scheduled and relatively long-term operation (periods of 10 days or more) of stationary equipment: Type I Areas: Single-Family Residential Type II Areas: Multifamily Residential Daily, except Sundays and legal holidays 7:00 a.m. to 7:00 p.m. 75 dB(A) 80 dB(A) 870 Table 2A Business Properties: Mobile Equipment Maximum noise levels for nonscheduled, short-term operation of mobile equipment: Daily, including Sundays and legal holidays observed by the city all hours: maximum of 75 dB(A). Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long-term operation of stationary equipment: Daily, all hours: maximum of 65 dB(A). Table 3 Residential Air Conditioning or Air Handling Equipment Air conditioning or air handling equipment opera ting within, and residential area may not exceed the fol- lowing sound levels: Measurement Location: Units Installed Before 1-1-80 dB(A) Units Installed on or after 1-1-80 dB(A) Any point on neighboring property line, 5 feet above grade level, no closer than 3 feet from any wall. 60 55 Center of neighboring patio, 5 feet above grade level, no closer than 3 feet from any wall. 55 50 Outside the neighboring living area window nearest the equipment location, not more than 3 feet from the window opening, but at least 3 feet from any other surface. 55 50 17.53.080 Exterior noise limits—Sound levels by receiving land use districts. A. The noise limits for the various categories of land use identified in Table 4 shall, unless otherwise specifically indicated, apply to all such property within a designated zone. B. No person shall operate or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed: 1. The noise standard for that land use as specified in Table 4 for a cumulative period of more than thirty (30) minutes in any hour; or 2. The noise standard for that land use as specified in Table 4 plus five (5) dB for a cumulative period of more than fifteen (15) minutes in any hour; or 3. The noise standard for that land use as specified in Table 4 plus ten (10) dB for a cu mulative period of more than five (5) minutes in any hour; or 4. The noise standard for that land use as specified in Table 4 plus fifteen (15) dB for a cumulative period of more than one (1) minute in any hour; or 5. The noise standard for that land use as specified in Table 4 plus twenty (20) dB or the maximum mea sured am- bient level, for any period of time. 6. If the measured ambient level differs from that permissible within any of the first four (4) noise limit categories above, the noise limit for that land use, as specified in Table 4, shall be adjusted in five (5) dB i ncrements in each cate- gory as appropriate to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth (5th) noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambi- ent noise level. 871 C. If the measurement location is on a boundary between two (2) different zones, the noise level limit applicable to the lower noise zone plus five (5) dB(A) shall apply. D. If possible, the ambient noise shall be measured at the same location along the property line with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambi- ent noise must be estimated by performing a measurement in the same area of the source but at a suff icient distance such that the noise from the source is at least ten (10) dB(A) below the ambient in order that only the ambient noise level be measured. If the difference between the ambient noise level and the noise source is five (5) to ten (10) dB(A), then the level of the ambient noise itself can be reasonably determined by subtracting a one (1) decibel correction to account for the contribution of the source. E. In the event the alleged offensive noise, as judged by the director of community development co ntains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 4 shall be reduced by five (5) dB(A). Table 4 Exterior Noise Limits Type of Land Use Time Interval Allowable Exterior Single-family and multifamily residential/rural and agricultural zones 10:00 p.m.—7:00 a.m. 7:00 A.M.—10:00 p.m. 55 60 Commercial office/ neighborhood 10:00 p.m.—7:00 a.m. 7:00 a.m.—10:00 p.m. 55 60 General commercial/ planned development 10:00 p.m.—7:00 a.m. 7:00 a.m.—10:00 p.m. 60 65 Industrial park Anytime 65 Limited industrial Anytime 70 Public space All day 70 17.53.090 Interior noise limits. A. The interior noise standards as presented in Table 5 shall apply, unless otherwise specifically indicated, within all dwellings units with windows in their normal seasonal configuration. B. No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the crea- tion of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed: 1. The noise standard as specified in Table 5 for accumulative period of more th an five minutes in any hour; or 2. The noise standard as specified in Table 5 plus five (5) dB(A) for a cumulative period of more than one (1) mi- nute in any hour; or the noise standard plus ten (10) dB(A) or the maximum measured ambient, for any period of time. 3. The noise standard as specified in Table 5 plus ten (10) dB or the maximum measured ambient, for any period of time. 872 C. If the measured ambient level differs from that permissible within any of the noise limit categories above, the noise limits as specified in Table 5 shall be decreased in five (5) dB(A) increments in each category to reflect said am- bient noise level. D. In the event the alleged offensive noise, as judged by the director of community development, co ntains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 5 shall be reduced by five (5) dB. Table 5 Interior Noise Limits Type of Land Use Time Interval Allowable Interior Noise Level dB(A) Single-family and multifamily residential 7:00 a.m.—10:00 p.m. 45/55 (windows open) 17.53.100 Exemptions. The provisions of this chapter shall not apply to: A. The emission of sound for the purpose of alerting persons to the existence of an emergency. B. The emission of sound in the performance of emergency work. C. Warning devices: Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns. D. Occasional outdoor gatherings, public dances, shows, and sportin g and entertainment events, provided said events are conducted pursuant to a permit issued by the city relative to the staging of said events. E. Construction/Demolition: Repair, remodeling or grading of real property, provided the activities occur b etween the hours of seven (7:00) a.m. to seven (7:00) p.m. weekdays including Saturday. F. Stationary nonemergency signaling devices; G. Domestic power tools, machinery. 17.53.110 Enforcement. The community development director shall have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this chapter shall prevent the community development director from obtaining voluntary compliance by way of warning, notice or education. Chapter 17.56 ENFORCEMENT AND PENALTIES Sections: 17.56.010 Purpose. 17.56.020 Pending violations. 17.56.030 Penalties. 17.56.040 Enforcement. 17.56.050 Administrative process. 17.56.010 Purpose. This chapter establishes procedures for enforcement of the provisions of this title. The enfor cement procedures set forth are intended to assure due process of law in the abatement or correction of nuisances and violations of this title. 17.56.020 Pending violations. No prosecution or action resulting from a violation of zoning regulations heretofore in effect shall be abated or abandoned by reason of the enactment of any ordinance amendment but shall be prosecuted to finality under the former provisions the same as if the amendment had not been adopted and, to this end, the former provisions shall remain in 873 effect and be applicable until said prosecution or action has been terminated. Any violation of provisions, which oc- curred prior to the effective date of the amendment, for which prosecution or legal action has not been instituted prior to the effective day of the amendment, may be hereafter subject to prosecution or action as if the amendment had not been adopted and, to this end, the former provisions shall remain in effect and be applicable until said prosecution or action has been terminated. 17.56.030 Penalties. Any person who violates any provision or fails to co mply with any of the requirements of this title or of any term or condition of, or applicable to any permit, variance or amendme nt thereto is guilty of a misdemeanor/infraction as speci- fied in this code and, upon conviction thereof shall be punishable in accordance with this code. Each such person shall be guilty of a separate offense for each and every day during any po rtion of which any violation of any provision of this title is committed, continued or permitted by such person, and shall be punishable therefor as provided in Chapter 1.12. A. Public Nuisance. Except as otherwise provided in subsection (A)(1) of this section, in a ddition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of th is title shall be deemed a public nuisance and may be summarily abated as such, and each day that such cond ition continues shall be regarded as a new and separate public nuisance. 1. Exception—Agricultural Operations Protection. No agricultural activities, operations or facilities in the O-S and A-E zones which are consistent with this title and the general plan and with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, pri- vate or public, due to any changed condition in or about the locality, after the agr icultural uses have been in operation for more than one (1) year if they were not a nuisance at the time they began. a. Exception. This section shall not apply if the agricultural uses, activities, operations or facilities obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway. b. Definition. For purposes of this section, the term “agricultural activity, operation or faci lity” shall include, but not be limited to, the cultivation and tillage of the soils, dairying, the production, cultivation, growing and harvesting of any agricultural commodity including timber, viticulture, apiculture or horticulture, the raising of livestock, fish or poultry, silviculture and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. 17.56.040 Enforcement. The director of community development or designee is designated as the enforcing agent of this title. Pursuant to the authority vested in the city council of the city by California Penal Code Section 836.5, the director of community de- velopment or designee shall have the power of arrest without warrant whenever he or she has reasonable cause to be- lieve that the person to be arrested has committed in their presence a misdemeanor, misdemeanor/infraction or infrac- tion, consisting of a violation of the provisions of this code or any other ordinance or statute which the planning direc- tor has a duty to enforce. A. Procedure. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, the arresting officer shall prepare a written notice to appear and release the person on his promise to appear as pr escribed by Chapter 5C (commencing with Section 853.6) of the California Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceedings based upon the issuance of a written notice to appear pursuant to this section. B. Rights of Entry Upon Land. 1. In the performance of their functions, designated personnel may, with either the co nsent of the occupant or oth- er authorized person, or with a valid inspection warrant, enter upon property and make examinations and surveys in a manner consistent with the consent or the inspection warrant. 2. In cases where no inspection warrant is obtained, designated personnel in the performance of their functions may enter upon property open to the general public and may enter upon property by way of a route normally accessible to visitors or tradespeople, or other persons having legitimate business with the occupants, in order to se ek consent to inspect the property. 874 C. Enforcement of Performance Standards. Following the initiation of an investigation, the director of community development may require the owner or operator of any use which may be in violation of perfor mance standards to submit, in a reasonable amount of time, such data and evidence as is needed by the director of community development to make an objective determination. Failure to submit data required shall constitute grounds for revoking any previous- ly issued approvals or permits and ceasing of operations until the violation is remedied. D. Monitoring and Enforcement Costs. The city may impose fees on permittees to cover the full costs incurred by the city or its contractors for the monitoring of permits issued pursuant to this title and for the enforcement of the re- quirements of this title and those of any permit issued pursuant to this title. Enforcement activities shall be in response to confirmed violations and may include such measures as inspections, public rep orts, penalty hearings, forfeiture of securities and suspension of permits. The applicant/permittee shall be billed for said fees pursuant to Sections 17.44.040(I)(4) and (I)(5). E. Notice of Noncompliance. Whenever the director of community development d etermines, pursuant to the provi- sions of subsection C of this section and Section 17.56.050, that violations of this code exist or that permit conditions are not being complied with, the director of community development may notify the permittee and/or own er of the property on which such violations are alleged to exist of the director’s intent to record a notice of noncompliance. If the violations are not corrected within thirty (30) days after such notif ication, the director may record a notice of noncom- pliance with the office of the county recorder. The permittee and/or property owner shall be notified of the recordation of the notice of noncompliance. The notice shall describe the property, specify the ordinance section or permit cond i- tions violated, and state the date of the most recent notification to the permittee and/or property owner of said viola- tion(s). The director of community development shall record a release of notice of noncompliance with the county re- corder when it is determined that the violations have been corrected or abated. A fee as set forth in city council fee res- olution will be charged the permittee and/or property owner for recordation of a release of notice of noncompliance. 17.56.050 Administrative process. Before any action is instituted pursuant to this chapter, an alleged violator may be given an opportunity to resolve the complaint through an administrative process. An informal office hearing may be held to attempt to negotiate a solu- tion to the violation. Chapter 17.64 DENSITY BONUS PROVISIONS* Sections: 17.64.010 Purpose and intent. 17.64.020 Definitions. 17.64.030 Density bonus, concessions and incentives. 17.64.040 Housing agreement. 17.64.045 Application and timeline. 17.64.050 Compatibility with market-rate housing. 17.64.010 Purpose and intent. This chapter sets forth the requirements under which density bonuses and other incentives may be offered by the city to developers of housing development projects pursuant to Sta te Government Code Section 65915 et seq. The city’s intent is to encourage the provision of housing affordable to very low-, low-, and moderate-income households, to en- courage the provision of housing for senior citizens, and to encourage the provision of ho using for transitional foster youth, disabled veterans, and homeless persons consistent with the latest adopted Moorpark general plan, the require- ments of Government Code 65915 et seq., and this chapter. 17.64.020 Definitions. For the purposes of this chapter, un less otherwise apparent from the context, the definitions of Government Code 65915 et seq., shall apply. In addition, the following definition is provided: 875 “Housing agreement” means an agreement between the developer and the city guaranteeing the affordability of rent- al or ownership units to extremely low, very low- or lower-income households, senior citizens, transitional foster youth, disabled veterans, or homeless persons, or for providing childcare facilities in accordance with the provisions of this chapter and state density bonus law (Government Code Section 65915 et seq.). 17.64.030 Density bonus concessions and incentives. A. The city council shall grant a density bonus and, if requested by the applicant, concessions or incentives, and/or waivers or reductions of development standards and/or parking ratios for eligible residential and mixed-use commercial development projects in accordance with state density bonus law (Government Code Section 65915 et seq.) and this chapter through the approval of a residential or mixed-use commercial planned development permit, development agreement in accordance with Chapter 15.40 of the Moorpark Municipal Code, and/or dispo sition and development agreement, and a housing agreement. Commercial developers that partner with housing developers to produce afforda- ble housing may qualify for a development bonus pursuant to Government Code Section 65915.7. B. Density. 1. The increase in the allowable housing units under a density bonus is based on the percentage density increase above that permitted under the existing zoning per state density bonus law (G overnment Code Section 65915 et seq.). 2. For density bonuses higher than required by state law, the city council must find that: (a) the project will help to meet a local housing need for family housing as identified by the housing element of the general plan; and (b) the pro- ject will be compatible with surrounding development. The city council may grant density bonuses higher than required by state law in accordance with the following standards: a. When one hundred percent (100%) of the units in a housi ng development project are restricted to be affordable to low or very low-income households for the life of the project, a density bonus up to a maximum of one hundred per- cent (100%) greater density than allowed by the existing zone may be granted by the c ity council when considering project entitlements. The one hundred percent (100%) maximum density bonus is inclusive of all density bonuses al- lowed under Government Code Section 65915 et seq., and this chapter. b. When at least sixty percent (60%) of the units in a housing development project are restricted to be affordable to low or very low-income households for the life of the project, a d ensity bonus up to a maximum of seventy-five percent (75%) greater density than allowed by the existing zone may be granted by the city council when considering project entitlements. The seventy-five percent (75%) maximum density bonus is inclusive of all density bonuses allowed under Government Code Section 65915 et seq., and this chapter. 3. Density bonuses higher than required by state law may not be granted for an age-restricted senior housing pro- jects and housing projects for foster youth, disabled persons, and homeless persons. C. Concessions, incentives, waivers, reductions, and/or parking ratios. 1. If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives or concessions, unless the city council makes the findings required by Government Code Section 65915(d)(1): a. Reductions in residential or commercial development standards by amounts not to exceed twenty percent (20%), or reductions in architectural design requirements beyond the minimum building standards adopted by the city; and b. Other regulatory concessions, incentives, waivers, reductions, and/or parking ratios proposed by the developer or the city, including those specifically identified in Government Code Section 65915 et seq., which result in identifia- ble cost reductions. 2. The city council, in granting higher density bonuses under subsection (B)(2), is not obligated to grant any addi- tional concessions or incentives beyond those required by state law. 17.64.030 17.64.040 Housing agreement. A housing agreement in a form acceptable to the city council is required as part of the granting of a d ensity bonus, concessions, incentives, waivers, reductions, and/or parking ratios. This agreement must meet the minimum require- ments of Government Code Section 65915 for continued affordability and those projects granted a density bonus under Section 17.64.030(B)(2) shall remain affordable to low and very low-income households for the life of the project, but in no case less than fifty-five (55) years. 876 17.64.045 Application and timeline. A. An application for a density bonus shall acco mpany any other required applications for approval of the residen- tial housing project, including those approvals set forth in Section 17.64.030, and shall include written statements of the following: 1. The extent of the density bonus (i.e., the number of units); 2. The requested concessions, incentives, waivers, reductions, and/or parking ratios authorized per this chapter; and 3. An explanation demonstrating the residential housing proje ct’s eligibility for a density bonus. No additional studies or reports beyond those required by state law, including Government Code Section 65915 et seq., shall be re- quired as part of the request. B. The community development director or designee shall inform the applicant for a density bonus whether the application is complete in a time and manner consistent with Government Code Section 65943. C. The city council shall consider and take action on the density bonus application concurrently with other app lica- tions for the residential housing project, which shall be processed in accordan ce with timelines established by state law, including the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and G uidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). 17.64.050 Compatibility with market-rate housing. Affordable housing units provided by a density bonus and developed in conjunction with a market-rate housing de- velopment must be of similar design and quality as the market-rate units. Exterior colors and materials and interior floor plans and materials of affordable units must be comparable with the market-rate units. Interior window treatments (i.e., blinds, shutters, and/or curtains) must be provided on all windows of affordable units. Other interior features, such as luxury flooring, upgraded appliances and custom lighting fixtures, need not be the same as market-rate units as de- termined by the city in the housing agreement. Chapter 17.72 DOWNTOWN SPECIFIC PLAN OVERLAY ZONE (SP-D)* Sections: 17.72.010 Purpose. 17.72.020 General provisions. 17.72.030 Entitlement process and procedures. 17.72.040 Development standards and guidelines. 17.72.010 Purpose. The purpose of this overlay zone is to identify properties which are part of the downtown specific plan and set forth development standards and guidelines for public and private development and redevelopment of existing and new resi- dential, commercial and industrial development in downtown Moorpark. 17.72.020 General provisions. All provisions of the downtown specific plan shall apply to the development and use of the properties within the downtown specific plan overlay zone. Those provisions shall be su pplemental to the regulations of the underlying zone. In such cases where the specific plan development standards and the standards for the underlying zone conflict, the specific plan development standards shall apply. 17.72.030 Entitlement process and procedures. Requirements for development within the downtown specific plan overlay zone shall comply with the requirements of Chapter 17.44, Application Review Procedures, and with the development standards and guidelines of the downtown specific plan as adopted by city council resolution. 877 17.72.040 Development standards and guidelines. The development standards and guidelines for the construction, reconstruction, renovation and remodeling of exist- ing and/or proposed buildings in the downtown specific plan overlay zone shall adhere to the requirements and guide- lines contained in the downtown specific plan as adopted by the city council. Chapter 17.74 SPECIFIC PLAN NO. 2/SPECIFIC PLAN 95-2, MOORPARK HIGHLANDS SPECIFIC PLAN Sections: 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 devel- opment of the planning areas within specific plan No. 2. Implement ation of the regulations and standards set forth in this section are intended to ensure that future development is coordinated and consistent with the goals and policies of specific plan No. 2 and the city’s general plan. The following standards provide for the arrangement, development, and use of residential neighborhoods, open space areas, school and park sites designated as public-institutional areas, and future state highway right-of-way or ded- ication areas. Application of these regulations and standards is intended to encourage the most appropriate use of the land, create a harmonious relationship among land uses, and protect the health, safety, and general welfare of the com- munity. Certain development requirements generally are included as conditions of approval for subdivisions and develop- ment permits and may not be contained in the development regulations and standards for specific plan No. 2 or in the city’s municipal code and subdivision ordinance. Such development requirements include, but are not limited to: on- site lighting standards, fixtures, lumen levels, coverage mounting and pole height; street lighting standards; front yard landscaping; bus shelters; quantities and sizing of trees and shrubs; general review/approval of landscaping and irriga- tion plans; review and approval of conditions, covenants and restrictions; requirements for homeowner property associ- ations; rain gutters; yard drains; trash and recycling enclosures; slough wall for slopes adjacent to street rights-of-way; and concrete driveways. 17.74.020 Definitions. Words and terms used in the specific plan No. 2 development regulations and standards shall have the same defini- tions as given in the city of Moorpark Municipal Code, including Title 17, Zoning. 17.74.030 General provisions. These development regulations and standards regulate all development within the specific plan No. 2 area. The fol- lowing general provisions apply to all zone districts within the specific plan area. A. The city municipal code shall regulate development in specific plan No. 2, except as modified by the regula- tions and standards contained herein. In such cases where the specific plan No. 2 development regulations and stand- ards conflict with those in other sections of Title 17 of the city of Moorpark Muni cipal 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 878 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 de- fined in Chapter 17.44 of Title 17 of the Moorpark Municipal Code. 17.74.040 Residential planned development regulations. For the purposes of this specific plan, all uses permitted in the specific plan No. 2 residential planned development single-family (SP2-RPD-SF) zone, are as specified in Table 17.20.050 of Title 17 for the single-family residential low (R-L) zone. Specific plan No. 2 development standards may be more or less restrictive than the city’s current develop- ment standards for each residential category. Exhibits 28 through 31 of the adopted specific plan contain single-family development standards for the plan areas. For the purposes of this specific plan, all uses permitted in the specific plan No. 2 residential planned development single-family (SP2-RPD-SF) zone, are as specified in Table 17.20.050 of Title 17 for the residential planned develop- ment (RPD) zone. 17.74.040.1 Single-family residential site development standards. A. Specific Plan No. 2 Residential Planned Development Single-Family (SP2-RPD-SF) 1.3-2.5 du/ac Zone. Plan- ning Areas (P.A.) 8 and 9. 1. Minimum lot area: ten thousand (10,000) squar e feet. 2. Building Setbacks. a. Front setback minimum for ten thousand (10,000) square foot lots is thirty (30) feet. The front setback mini- mum for thirty thousand (30,000) square foot lots is thirty-five (35) feet. The front setbacks for the proposed single- family dwelling units shall be varied so as to provide visual diversity. There shall be a minimum of three (3) feet varia- tion for the front setback between adjacent lots, with no more than two (2) adjacent lots having the same front setback. Dwelling units constructed with garages having a curved or swing driveway, with the entrance to the garage facing the side or rear property line, shall have a minimum front setback of fifteen (15) feet. b. Side yard setback minimum for a single-family dwelling unit on a ten thousand (10,000) square foot minimum lot is ten percent (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 set- back of seven (7) feet may be permitted at the discretion of the community development director, so long as th e aver- age separation between the subject building and the adjacent building is at least twenty (20) feet. For a thirt y 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. Recrea- tional vehicle storage within the side yard shall be screened with a solid gate at least eight (8) feet in height and shall occur only on a concrete surface capable of supporting the vehicle. 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 a n 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 be- tween the rear of the building and the rear or side of the building opposite the rear lot line is sixty (60) feet. d. For projects located in planning area 8, no habitable structures shall be located closer than two hundred (200) feet from the north/east specific plan boundary. 3. Maximum building height: a. Thirty-five (35) feet for dwelling units; 879 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 17.4 0 of this code. 7. Standards Relating to Animals. The keeping of animals shall comply with Section 17.28.030 of this code. 8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of a structure shall be complementary with the eaves and window treatments and surrounds on the front elevation. 9. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front eleva- tion of a single-family unit shall continue along each side elevation until commencement of fencing or other architec- turally feasible termination point as determined by the residential planned development permit approval body. B. Specific Plan No. 2 Residential Planned Development Single-Family (SP2-RPD-SF) 2.5-4.5 du/ac Zone. Plan- ning Areas (P.A.) 2, 3 and 4. 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. 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 gar- age doors from the street. iv. Other elements as approved by the community development director. Any two (2) adjacent lots may have the same front setback; however, the third (3rd) consecutive lot should vary the front setback by three (3) feet or more, as appropriate to the street and lot configuration and to provide variety in the streetscape. b. Side setback minimum for a single-family dwelling unit adjacent to a street is ten (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 be- low, shall be five (5) feet with an average of seven and one half (7 1/2) feet and not l ess 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 preser- vation 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. 880 5. Parking. Parking shall comply with Chapter 17.32 of this code, except as otherwise noted in this chapter. Tan- dem, i.e. end to end, garage spaces are allowed. 6. Signage. Signage shall comply with Chapter 17.40 of this code, except as otherwise noted in this chapter. 7. Recreational Amenities. Residential planned development permit areas with single-family lots that have an av- erage size of less than seven thousand (7,000) square feet shall include private recreational amenities including but not limited to the following: clubhouse, restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating, court game facilities (nonlighted) and multipurpose fields. The types of amenities shall be reviewed and approved with the required residential planned development permit. 8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of a structure shall complement the eaves, window treatments and surrounds on the front elevation. 9. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front eleva- tion of a single-family unit shall continue along each side elevation until commencement of fencing or other architec- turally feasible termination point as determined by the residential planned development permit approval body. C. Specific Plan No. 2 Residential Planned Development Single-Family (SP2-RPD-SF) 6 du/ac Zone. Planning Area (P.A.) 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 liv- ing space and face the street. In order to encourage a varied street scene and reduce the potential for a garage-door- dominated project, the front setback may be reduced to fifteen (15) feet where any of the following design elements are incorporated into the architecture of the homes: 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. 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 stru cture 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 an d 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 av- erage size of less than seven thousand (7,000) square feet shall i nclude private recreational amenities including but not limited to the following: clubhouse, restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating, court game facilities (nonlighted), and multipurpose fields. The types of amenities shall be reviewed and approved with the required residential planned development permit. 8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of a structure shall complement the eaves, window treatments and surrounds on the front elevation. 9. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front eleva- tion of a single-family unit shall continue along each side elevation until commencement of fen cing or other architec- turally feasible termination point as determined by the residential planned development permit approval body. 881 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. 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 o f 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, r equired front setbacks, private open space areas, or areas with slopes ex- ceeding fifteen percent (15%); (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 usab ility, such as re- quired recreational amenities, fountains, sunshades, and plantings; (E) Usable open space areas shall not be covered by more than fifty percent (50%) by a building overhang or balcony. 8. Recreational Amenities. SP2 RPD-12 zone projects shall provide recreational amenities such as, but not limited to, the following: restrooms, swimming pool and spa, play apparatus, picnic sh elter, barbecue area with seating, and court game facilities (nonlighted). The types of amenities shall be reviewed a nd 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 six- teen (16) inches are allowed for non-livable spaces; with a minimum driveway depth of twenty (20) feet, as measur ed from front property line across area leading to enclosed parking within a garage; any two (2) adjacent lots may have the same front setback; however the third consecutive lot should vary the front setback by one (1) or more feet, as appro- priate to the street and lot configuration, and to provide for variety in the streetscape. 882 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 o pen 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 yar d with a minimum five (5) foot setback from any side or rear property line and must be screened with a decorative masonry wall or landscaping. 3. Maximum building height: a. Thirty-five (35) feet for dwelling units; b. Fifteen (15) feet for a patio cover or accessory structures; c. Second story decks or balconies are prohibited. 4. Fences and Walls. Fences and walls shall comply with the provisions of this code, with the exception that sound attenuation walls shall be constructed to a height as required by a city-approved noise study for the residential planned development permit. 5. Parking. Parking shall comply with Chapter 17.32 of the city of Moorpark Municipal Code. 6. Signage. Signage shall comply with Chapter 17.40 of the city of Moorpark Municipal Code. 7. Recreational Amenities. Residential planned development permit areas with sin gle-family lots that have an av- erage size of less than seven thousand (7,000) square feet shall include private recre ational amenities including but not limited to the following: restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue ar ea with seating, and multipurpose play area field. The types of amenities shall be reviewed and approved with the required residential planned development permit. 8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of a structure shall complement the eaves, window treatments and surrounds on the front elevation. 9. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front eleva- tion of a unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point as determined by the residential planned development permit approval body. 17.74.040.1 17.74.050 Open-space development regulations. It is the intent of these regulations to promote th e preservation of the natural landforms of specific plan No. 2 area by allowing only limited improvements within private open space areas and prohibiting all development (including structures and trails) within the natural open space, except that required for remedial grading and arterial roadway con- struction. 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. 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 prov isions 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 doc ument, Appendix J. These areas shall remain ungraded and shall not be developed, with the exception of roadway and infrastructure im- provements necessary for the construction of Spring Road. The natural open space zone areas impacted by gra ding 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 an d/or maintenance activities within the natural open space areas shall be limited to those activities, as prescribed in the HCP, Appendix J of the EIR. Terms and conditions of the final HCP as approved by the U.S. Fish and Wildlife Service shall regulate NOS usage. 17.74.050 883 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. 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. 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 pla n 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 addi- tion to compliance with all procedures as outlined in Construction Project Site Review and Well Abandonment Proce- dures document from Department of Conservation Division of Oil, Gas, and Geothermal Resources. The required set- backs are ten (10) feet from the abandoned o nce-producing oil well to the structure and/or property line, limited to any two (2) adjacent sides of the well, and within fifty (50) feet from the property line and/or structure on the third side of the well. The fourth side of the well will always have an open access. 2. Abandoned Nonproducing Oil Wells. Structures can be built over abandoned nonproducing oil wells provided that: a. The nonproducing well will be re-abandoned using current standards; b. Shall include a vent system as described in the Construction Project Site Review and Well Abandonment Pro- cedures document from the Department of Conservation Division of Oil, Gas, and Geothermal Resources. C. Urban-Wildland Interface. All buildings and structures shall be constructed in acco rdance with the city’s adopt- ed building code and shall incorporate site planning criteria, landscaping and vegetation management techniques con- sistent with Chapter 8.0 of the adopted specific plan No. 2 and the Ventura County Fire Protection District’s fire hazard reduction program. The project shall incorporate the recommended fuel modification plant materials as discussed in Section 8.3.4 of the adopted specific plan. 884 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 17.38.74.070 885