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Home My WebLink AboutAGENDA REPORT 2023 0622 PC SPC ITEM 08BCITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of June 22, 2023 Item: 8.B. ACTION: Approved Staff Recommendation as Amended, Including Adoption of Resolution Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC-2023-696. BY: J. Lugo A. Consider Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC- 2023- 695, and PC-2023-696 Recommending to the City Council Approval of Zoning Ordinance 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. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC-2023-696 recommending that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2023-01 and make a determination of consistency with the General Plan 2050 Program Environmental Impact Report (EIR). (Staff: Shanna Farley) MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Shanna Farley, Principal Planner DATE: 06/22/2023 Special Meeting SUBJECT: Consider Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC-2023-695 Recommending to the City Council Approval of Zoning Ordinance 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 STAFF RECOMMENDATION 1.Open the public hearing, accept public testimony, and close the public hearing; and 2.Adopt Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC-2023-696 recommending that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2023-01 and make a determination of consistency with the General Plan 2050 Program Environmental Impact Report (EIR). BACKGROUND 2050 General Plan 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. Item: 8.B. 19 Honorable Planning Commission 06/22/2023 Special Meeting Page 2 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 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 7, Exhibit A) and Zoning Code (Code) (Attachment 7, Exhibit B) 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. 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 20 Honorable Planning Commission 06/22/2023 Special Meeting Page 3 documents, beginning with a discussion on the changes to the Zoning Map, which include new and combined zoning designations, and then proceeds to notable textual changes in the Zoning Code. Zoning Map The Draft Zoning Map (Figure 1 and Attachment 7, Exhibit A) implements the land use designations of the adopted General Plan 2050 Land Use Map, aligning the Zoning designations with the adopted General Plan 2050. General Plan 2050 provides a Zoning correspondence table indicating which of the General Plan 2050 Land Use Designations correspond to each Zoning Designation (Attachment 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 21 Honorable Planning Commission 06/22/2023 Special Meeting Page 4 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 are included as Attachment 7, Exhibit A. 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 7, Exhibit B). 22 Honorable Planning Commission 06/22/2023 Special Meeting Page 5 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. 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 7, 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 7, 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. Lastly, 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 7, 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) 23 Honorable Planning Commission 06/22/2023 Special Meeting Page 6 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) 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 7, Exhibit B). Permit Process, Thresholds, and Streamlining Zoning Code Section 17.44.040.C (Attachment 7, 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 CDD Director. The table below (Figure 3) summarizes the proposed changes to PD permit thresholds. Figure 3 - 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 24 Honorable Planning Commission 06/22/2023 Special Meeting Page 7 The proposed adjustment to the thresholds would reduce the number of smaller-scale development projects requiring a hearing, thereby reducing the cost and time needed to process such requests. This streamlined process is proposed alongside 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 7, 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 7, 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 25 Honorable Planning Commission 06/22/2023 Special Meeting Page 8 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 certain Zones (Commercial Office [C-O], Neighborhood Commercial [C-1], Old Town Commercial [C- OT], General Commercial [C-2], Commercial Planned Development [CPD], I-F, Industrial Park [M-1], Limited Industrial [M-2], Institutional [I], MUL, MUM, and MUD) with the consideration of a 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 7, Exhibit B. Development standards are also proposed for the new I-F Zone (Section 17.24.035, Attachment 7, 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 of Attachment 7, 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-O and 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 particular 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. 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 26 Honorable Planning Commission 06/22/2023 Special Meeting Page 9 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 requires 15% of housing development units be reserved for lower- and moderate-income households, which would facilitate the production of needed affordable housing. The City will also develop an “in- lieu” fee which may be paid in certain circumstances, rather than constructing affordable units on a site. An inclusionary housing 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 7, Exhibit B) which addresses the Inclusionary Housing requirement outlined in the Housing Element. The proposed requirement would establish the minimum affordable housing requirement for certain residential development projects. Figure 4 is a table showing the proposed calculation of affordable housing units, based on the number of proposed housing units. Figure 4 – 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 5, included in Section 17.24.065 of Attachment 7, 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 overly burdensome. 27 Honorable Planning Commission 06/22/2023 Special Meeting Page 10 Figure 5 – 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 7, 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 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 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 Attachment 7, Exhibit B: emergency shelter, transitional housing, permanent supportive housing, by-right housing 28 Honorable Planning Commission 06/22/2023 Special Meeting Page 11 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 7, Exhibit B) in response to community input received during the General Plan 2050 update. Figure 6 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 6 – 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, conditional use permit, or approval of the community development director, any animal classified in Table 17.28.030B shall be kept in an approved Zone, with a permit, for the duration of the emergency or relocation of the animal, but not exceeding fifteen (15) days. 17.28.030.D Keeping of Animals in Excess of Allowed on Parcels of 5 Acres or more D. Notwithstanding the requirements in this Section, animals in excess of those listed in Table 17.28.030B below may be kept on properties with a minimum area of five acres subject to approval of a Conditional Use Permit and the following findings: 1. The Applicant has provided letters in support of the request from all neighboring property owners within 500 feet of the facilities and enclosures in which animals will be kept; 2. The Applicant has provided a maintenance plan detailing the care regimen for the animals and associated facilities; 3. The Applicant has provided a fire prevention and evacuation plan detailing strategies to safeguard the property, structures and animals from fire hazards and evacuate all animals to safety in the event of a fire; 4. The Applicant has provided a care plan detailing that a licensed veterinarian will be available at all times to provide care to the animals and available to respond to medical emergencies; and 5. The Applicant has provided plans for the proposed facility that are adequate to safeguard the animals from natural predators and ensure that they will be confined to the property. Table 17.28.030B Apiculture (Keeping of Bees) 29 Honorable Planning Commission 06/22/2023 Special Meeting Page 12 Zoning Code Section Proposed Code Language Table 17.28.030B Equine, bovine, or cleft-hoofed animals Table 17.28.030B Chickens, ducks, and game hens Table 17.28.030B 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 30 Honorable Planning Commission 06/22/2023 Special Meeting Page 13 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 Attachment 3, Exhibit B. 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. 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. In total, 31 individual comment emails were received and presented to the City Council. 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 included as Attachment 7, Exhibit A and B. 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. Prior to the publication of this report 6 additional comments have been received and are incorporated with the original comments as Attachment 1. 31 Honorable Planning Commission 06/22/2023 Special Meeting Page 14 ENVIRONMENTAL DETERMINATION The CDD Director 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 within 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. 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 in the Ventura County Star on June 11, 2023. Supplemental notification was also posted on the City website and sent in emails to stakeholders. 32 Honorable Planning Commission 06/22/2023 Special Meeting Page 15 ATTACHMENTS 1. Public Comments Received by June 15, 2023 2. Zoning Correspondence Table 3. Draft Resolution PC-2023-692, including: • Exhibit A: Draft Zoning Ordinance Amendment Map • Exhibit B: Draft Zoning Ordinance Amendment Text (On File with the City dated June 16, 2023) 4. Draft Resolution PC-2023-693, including: • Exhibit A: Draft Zoning Ordinance Amendment Map • Exhibit B: Draft Zoning Ordinance Amendment Text (On File with the City dated June 16, 2023) 5. Draft Resolution PC-2023-694, including: • Exhibit A: Draft Zoning Ordinance Amendment Map • Exhibit B: Draft Zoning Ordinance Amendment Text (On File with the City dated June 16, 2023) 6. Draft Resolution PC-2023-695, including: • Exhibit A: Draft Zoning Ordinance Amendment Map • Exhibit B: Draft Zoning Ordinance Amendment Text (On File with the City dated June 16, 2023) 7. Draft Resolution PC-2023-696, including: • Exhibit A: Draft Zoning Ordinance Amendment Map • Exhibit B: Draft 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 33 Public Comment Summary (Received on or before June 15, 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 34 PC ATTACHMENT 1 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 35 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 36 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 37 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 38 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 39 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 40 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 41 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 42 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 43 44 45 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 46 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 47 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 48 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 49 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 50 51 Comment No.17 52 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 53 Comment No.18 54 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. 55 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 56 Comment No.20 57 Comment No.20 58 Comment No.20 59 Comment No.20 60 Comment No.20 61 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 62 Comment No.22 63 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 64 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 65 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 66 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 67 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 68 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 69 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 70 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 71 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 72 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 73 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 74 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 75 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 76 EXHIBIT 1 City of Menifee, Ordinance No. 2022-356 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 Comment No. ___24 85 Comment No. ___24 86 Comment No. ___24 87 Comment No. ___24 88 Comment No. ___24 89 Comment No. ___24 90 Comment No. ___24 91 Comment No. ___24 92 Comment No. ___24 93 Comment No. ___24 94 Comment No. ___24 95 Comment No. ___24 96 Comment No. ___24 97 Comment No. ___24 98 Comment No. ___24 99 Comment No. ___24 100 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. ___24 101 Comment No. ___25 102 Comment No. ___25 103 Comment No. ___25 104 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. ___25 105 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. ___26 106 Comment No. ___26 107 Comment No. ___26 108 Comment No. ___26 109 Comment No. ___26 110 Comment No. ___26 111 Comment No. ___26 112 Comment No. ___26 113 Comment No. ___26 114 Comment No. ___26 115 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. ___27 116 Page 96 Item 54 Delete last line "In no case............." Page 98 Delete 54. Sincerely, Dorann LaPerch Moorpark, CA Comment No. ___27 117 Comment No. ___27 118 Comment No. ___27 119 Comment No. ___28 120 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. ___28 121 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. ___28 122 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. ___28 123 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. 29 124 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. 29 125 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. 29 126 Comment No. ___30 127 Comment No. 31 128 129 130 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. 32 131 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: 132 City of Moorpark Community Development Department Page 3 City of Corona Visual Simula�on Example: Before: After Other examples to follow 133 Comment No. 33 134 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 135 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 136 Hecate Grid LLC Chicago, IL 60661 Exhibit A Before After 137 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. 34 138 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 50:10-12 139 140 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/ 141 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. 36 142 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 143 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 144 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. 145 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 146 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. 147 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. 148 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. 149 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 150 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. 151 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 152 153 154 155 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. 37 156 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. 157 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. 158 From:Ashley Seery To:Zoning; Daniel Groff Subject:Zoning of Quailridge II HOA as R-2 Medium Density Residential Date:Thursday, June 15, 2023 4:30:11 PM To Whom It May Concern: Thank you for correcting Tierra Rejada Park on the Zoning Map recent revision. We appreciate that this will be maintained as zoned open space for our families to enjoy in the future. I would like to express my objection for a second time and concern that both Quailridge I & II HOA neighborhoods are being zoned as R-2 Medium Density Residential instead of R-1 Single Family Residential. R-2 Medium Density Residential is defined in the proposed revised Zoning Code as, The purpose of this zone is to provide for and maintain residential areas allowing single-family, two (2) single-family dwelling units or a two (2) family dwelling unit, or multi-family developments on lots which meet the minimum area requirements of this zone. The addition of "single family" in the most recent revision is not satisfactory, and feels like an addition after the fact to simply meet state or county housing requirements. The fact is: this neighborhood is fully developed, and meets the R-1 density of maximum dwelling units per gross acre of 8.0, coming in at 7.2 du/ac. This fell above the previous zoning requirement. However, under the latest revision, the Quailridge II HOA should be zoned as R-1 and meets the latest requirement. Our home values within our HOA should not be put at risk of being lowered due to the city's zoning plans in order to meet an arbitrary requirement. Thank you for your consideration, Ashley Seery Moorpark Resident since 2009, Homeowner since 2017 Quailridge II HOA member 159 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE March 2023 Green text indicates a new zoning designation Red text indicates a change in density for an existing zoning designation 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-O – Single Family Estate (3.0 DU/AC) R-E - Rural Exclusive (3.0 DU/AC) R-L – Single Family Residential Low (3.0 DU/AC) Housing developed on minimum 1/3-acre lots, which may include estate-type units in planned residential subdivisions with extensive trail systems and open spaces; and on the edges of the City. NL - Neighborhood Low (8.0 DU/AC) R-1 - Single Family Residential (8.0 DU/AC) This designation includes single-family neighborhoods at a variety of densities. The purposes are to (a) protect existing single-family areas and provide for infill development within these areas at a similar scale as the surrounding residential context and (b) provide for the development of new single- family subdivisions on large vacant properties comparable in scale with existing single-family neighborhoods. 160 PC ATTACHMENT 2 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE March 2023 1Where R-1 zoned parcels have a Neighborhood Mixed Density (NMX) General Plan land use designation, housing units can be clustered in a mix of residential building types of densities up to 24 du/ac, as long as a density of 8 du/ac is not exceeded cumulatively for the site. The ability to cluster housing units in excess of 8 du/ac on any individual parcel is contingent upon the approval of an area plan inclusive of all adjoining 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. 161 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE March 2023 C-A - Commercial Center – Auto (0.50 FAR) C-2 – General Commercial (0.50 FAR) C-P-D – Commercial Planned Development (0.50 FAR) C-O - Commercial Office (0.50 FAR) This designation provides for commercial areas with a wide range of retail and service activities (generally larger than 5 acres). Intended uses include community shopping centers, department stores, furniture and appliance stores, restaurants, automotive uses, office and professional services, and business support services. This designation encourages the grouping of commercial outlets into consolidated centers with direct access to major roads, arterials and/or freeways. MIXED-USE MUL – Mixed Use Low (1.5 FAR) MUL – Mixed Use Low (1.5 FAR) This designation provides for neighborhood-serving goods and services and multi-family residential in a mixed-use format (vertical or horizontal). Buildings in this designation will be designed to be walkable with wide sidewalks, active frontages, and minimal setbacks from the back of the sidewalk. MUM - Mixed Use Medium (2.0 FAR) MUM – Mixed Use Medium (2.0 FAR) This designation provides for a mix of commercial, office, and housing development in buildings with an additional story in height to achieve project feasibility. Buildings will contain active ground floor uses located at or near the sidewalk with housing or office next to or above. MUD - Mixed Use District (2.0 FAR) MUD – Mixed Use District (2.0 FAR) This designation applies to larger sized properties developed with a mix of uses that may include buildings developed for a single use (such as retail, office, restaurant, and housing) and/or structures that integrate multiple uses vertically (such as housing above ground level retail). Typically, such projects establish a compact, walkable, “village-like” environment where buildings are grouped along external and internal street frontages and pedestrian-oriented pathways, plazas, and open spaces, with parking located in structures or 162 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE March 2023 subterranean. A model for the redevelopment of underutilized commercial centers. INDUSTRIAL IP - Industrial Park (1.0 FAR) M-1 – Industrial Park (1.0 FAR) M-2 – Limited Industrial (1.0 FAR) This designation applies to properties developed with multiple industrial (light manufacturing), research and development, offices, and other buildings containing one or more tenant and limited support uses, with surface parking lots. Some areas developed with landscapes and streetscapes to convey a “campus-like” environment. Truck access to individual businesses normally required. IF - Industrial Flex (1.0 FAR) I-F – Industrial Flex (1.0 FAR) This designation applies to properties developed predominately for with uses permitted by “Industrial Park” category allowing the integration of ancillary and a diversity of specialty commercial uses, such as restaurants, brew pubs, copy houses, overnight accommodations, and similar uses that activate the area in the evening and on weekends. Truck routes and hours of operation are limited to prevent conflicts with customers. OTHER AG – Agriculture (0.1-0.025 DU/AC) A-E – Agricultural Exclusive (0.025 DU/AC) This designation applies to land used for the growing and harvesting of crops and raising livestock. OS - Open Space (0.1-0.025 DU/AC) O-S – Open Space (0.025 DU/AC) This designation identifies those open space lands which contain various development constraints such as slope gradient, soil and geotechnical hazards, plus other environmental concerns, access, and availability of public services. This designation identifies permanent open space areas which function to preserve visual resources and natural areas, buffer communities and provide relief from noise and crowding of urban development, maintain environmentally hazardous areas, etc. A mineral resource production overlay designation is provided for significant mineral resource deposits as identified by the California Department of Conservation Division of Mines and Geology. 163 GENERAL PLAN LAND USE AND ZONING CORRESPONDENCE TABLE March 2023 2All development in the floodplain shall be in accordance with the National Flood Insurance requirements and Chapter 15.24 of the Moorpark Municipal Code. NCP – Neighborhood Community Park O-S - Open Space This designation applies to properties developed for active and passive recreational activity serving a neighborhood or the larger community. Natural open areas may be preserved and integrated into the park. Ideally, a park is located within a quarter mile of every residence. S - School I – Institutional Public school sites of all levels, elementary through high school, as well as the Moorpark College facility are all identified by this classification. U - Utilities I – Institutional This designation identifies major public utility facilities PUB - Public/Institutional I – Institutional This designation identifies public facilities, including: government buildings, libraries, fire stations, non-profit organization buildings, and community service centers but excludes jail facilities FLDWY - Floodway O-S – Open Space2 This designation identifies the floodway of the Arroyo Simi as identified by the Federal Emergency Management Agency (FEMA). Habitable structures are prohibited. FRWY-R/W – Freeway/Right-of- way - This designation identifies street, freeway and railroad rights- of-way within the City. 164 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 PC ATTACHMENT 3 165 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 166 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 167 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 Pan 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 168 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 Pan 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 Pan 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.” 169 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. 170 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: 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 (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) 171 Resolution No. PC-2023-692 Page 8 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP 172 Resolution No. PC-2023-692 Page 9 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT 173 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 PC ATTACHMENT 4 174 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 175 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 176 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 Pan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development 177 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 Pan 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 Pan 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.” 178 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. 179 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: 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 (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) 180 Resolution No. PC-2023-693 Page 8 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP 181 Resolution No. PC-2023-693 Page 9 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT 182 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 Di Cecco’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 PC ATTACHMENT 5 183 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 184 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 185 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 Pan 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 186 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 Pan 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 Pan 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.” 187 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. 188 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: 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 (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) 189 Resolution No. PC-2023-694 Page 8 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP 190 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) 191 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 PC ATTACHMENT 6 192 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 193 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 194 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 Pan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development 195 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 Pan 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 Pan 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.” 196 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. 197 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: 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 (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) 198 Resolution No. PC-2023-695 Page 8 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP 199 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) 200 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 PC ATTACHMENT 7 201 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 202 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 203 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 Pan 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 204 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 Pan 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 Pan 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.” 205 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. 206 Resolution No. PC-2023-696 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: 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) 207 Resolution No. PC-2023-696 Page 8 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP 208 Resolution No. PC-2023-696 Page 9 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT 209 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. 210 Resolution No. PC-2023-693 Page 11 11 CHAPTER 5 – Business Taxes, Licenses and Regulations 5.64.090 Hours of operation, and location, and restrictions. A. Vendors must operate only between the hours of nine (9:00) 7:00 a.m. to seven (97:00) p.m. Monday through SaturdaySunday, except as further restricted by Section 5.64.090(B). E. Vendors are prohibited from operating within two hundred (200’) feet of an operating restaurant, café, or street vendor front door, and within five hundred (500’) feet of a special event or farmersfarmer’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 thirty (3060) minutes in any one (1) location on any public street or public right-of-way, or any private property within the city, unless other parking restrictions are enforced. The street vendor must move a minimum of a quarter mile (¼) from last location. The authority may approve a temporary use permit to allow a street vendor vehicle to stop for longer periods of time than specified for special events or occasions. 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 five seven (75) days after written notice from the city is served to remove the same, except as provided in subsection B of this section. B. It is unlawful for the owners and/or persons in possession of property used for a single-household or two (2) household (duplex) residence to permit graffiti to remain on such property for more than twenty-oneseven (721) calendar days after written notice from the city is served to remove the same where graffiti thereon can only be seen from a public alley or from public or private property not accessible by the general public. 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. 211 Resolution No. PC-2023-693 Page 12 12 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 Designation on zoning map. 15.40.1210 Amendment or termination by mutual consent. 15.40.1320 Regulations affecting development agreement. 15.40.1430 Recordation of agreement. 15.40.1540 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 - 65869.5 15.40.110 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. 15.40.1120 Amendment or termination by mutual consent. 15.40.1320 Regulations affecting development agreement. 15.40.1430 Recordation of agreement. 212 Resolution No. PC-2023-693 Page 13 13 15.40.1540 Annual review procedures. Chapter 16 - Subdivisions Chapter 16.60 URBAN LOT SPLITS • 16.60.010 Applicability. • 16.60.020 Approving authority. • 16.60.030 Requirements. • 16.56.040 Filing fee. • 16.56.050 General requirements. • 16.56.060 Notification, hearing, and determination. 16.60.010 Applicability. The provisions of this chapter are applicable to all parcels created pursuant to California Government Code Section 66411.7, otherwise known as Senate Bill 9. Urban Lot Splits provide a streamlined process for subdividing an existing-single family zoned lot into two new parcels. 16.60.020 Approving authority. The approving and appeal authority for Urban Lot Splits shall be the City Engineer. 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. 16.60.030 Requirements. A parcel map for an Urban Lot Split made pursuant to California Government Code § 66411.7 shall conform with the following: A. Location. The parcel being subdivided shall: 1. Be located within a single-family residential zone (O-S, A-E, R-A, R-E, R-L, R-1, and R-O); 2. The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code Section 65913.4, as 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; 213 Resolution No. PC-2023-693 Page 14 14 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 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. 214 Resolution No. PC-2023-693 Page 15 15 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. 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: 215 Resolution No. PC-2023-693 Page 16 16 1. The location of the property; 2. The nature of the proposed subdivision; 3. Contact information for the applicant; 4. Contact information for the Community Development Department; and 5. The following statement: "This Notice is sent for informational purposes only and does not confer a right on the noticed party or any other person to comment on the proposed project. Approval of this project is ministerial, meaning the City of Moorpark has no discretion in approving or denying the project if it complies with all legal requirements. Approval of this project is final and not subject to appeal." D. The notice shall be sent no fewer than 30 days after Urban Lot Split approval of the Urban Lot Split. Urban Lot Split applications that include a two-unit development shall follow the noticing requirements for the two-unit development (17.28(H) Noticing). E. A final parcel map for an Urban Lot Split shall not be recorded until such time as the 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. 216 Resolution No. PC-2023-693 Page 17 17 E. The correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of an Urban Lot Split. F. Setbacks. Setbacks for a unit or units on a parcel created through an Urban Lot Split shall be as set forth in Chapter 17.28.020(H) of the Zoning Code. 16.60.080 Severability. If any provision of this ordinance or chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or 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 in accordance with Chapter 17.28rounded 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)” means an attached or detached residential dwelling unit on a lot with an existing single-family dwelling where the ADU provides complete independent living facilities for one (1) or more persons, including permanent provisions of living, sleeping, eating, cooking and sanitation. An attached ADU includes an ADU located within the living area of the existing single-family dwelling where “living area” means the interior habitable area of a dwelling unit including basements and attics but does not include garage or any accessory structure. (defined by Government Code Section 65852.2 and as updated by State Law) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and 217 Resolution No. PC-2023-693 Page 18 18 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 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 218 Resolution No. PC-2023-693 Page 19 19 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” means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following: adult day care facilities, Alzheimer’s day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long-term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life- threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, and therapeutic day services facilities “Community care facility,” as defined in Health and Safety Code 1502, means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes facilities in accordance with the Health and Safety Code and other California Codes as may be amended over time. “Clubhouse” means any building or premises used by an association of persons, organized for some common purpose, but not including a gun club or an association or group organized to render, purchase or otherwise make use of a service customarily carried on as a commercial enterprise. “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. 219 Resolution No. PC-2023-693 Page 20 20 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, designed or used exclusively for occupancy by one (1) family and containing one (1) dwelling unit. “Dwelling unit” means one (1) or more rooms providing complete independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking and sanitation; but containing only one (1) set of kitchen-related fixtures capable of serving only one (1) kitchen for the exclusive use of one (1) family.. “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. “Family” means one (1) or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit. “Family day care home (small)” means a home which generally provides care, protection, and supervision of up to twelveeight (128) children, including children under the age of ten (10) years or fewer children, in the provider’s own home, for periods of less than twelve (12) hours per day, while the parents or guardians are away, and includes the following:. “Family day care home (large)” means a home which generally provides care, protection, and supervision of up to fourteen (14) but no less than seven, including children under the age of ten (10) years in the provider’s own home, for periods of less than twelve ( 12) hours per day, while the parents or guardians are away. 1. “Large family day care home” which means a home which provides day care to seven (7) to twelve (12) children, inclusive, including children under the age of ten (10) years who reside at home. 2. “Small family day care home” which means a home which provides family day care to six (6) or fewer children, including children under the age of ten (10) years who reside at the home. 220 Resolution No. PC-2023-693 Page 21 21 “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. “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. 221 Resolution No. PC-2023-693 Page 22 22 "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 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, 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 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. 222 Resolution No. PC-2023-693 Page 23 23 “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 on the same property. “Mixed Use, Vertical” means development that allows for a combination of different uses within the same building such as commercial business occupying lower floors while the upper floors are reserved for housing. "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. “OpenOutdoor or open storage” means the placement or keeping of materials, equipment or other items such as boats, inoperative vehicles and building materials, in an area not fully enclosed by the walls of a building. Outdoor or open storage may apply generally to stored equipment, goods, storage or cargo containers, wares or materials for sale or for use in manufacturing or other use or for the personal use of a resident. Temporary movement of goods or wares is not considered storage unless the materials remain for more than 12 hours in the same general area. “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. "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. 223 Resolution No. PC-2023-693 Page 24 24 “Residential care facility” means a facility providing nonmedical care on a twenty-four (24) hour basis to people who are mentally ill, mentally handicapped, physically disabled, or elderly, or are dependent or neglected children, wards of the juvenile court, or other persons in need of personal services, supervision or assistance essential for sustaining the activities of everyday living or for protection of the individual. Included within this definition are “intermediate care facilities/developmentally disabled nursing” and “intermediate care facilities/developmentally disabled” with six (6) or fewer beds, and congregate living health facilities, pursuant to the Health and Safety Code. A facility is considered nonmedical if the only medication given or provided is the kind that can normally be self-administered. “Residential 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 sitde 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 yardsetback, or the front lot line where no front yardsetback is required, to the rear yardsetback; the width of the required side yard setback shall be measured horizontally from the nearest part of the side lot line. Setback, Street Side. “Street side setback” means an open yard area extending from the front yard setback, or the front lot line where no front yard is required, to the rear yard setback or the rear yard line where a setback is not required; the width of the required street side setback shall be measured horizontally from the nearest part of the street side lot line. Shall and May. “Shall” is mandatory; “may” is permissive. 224 Resolution No. PC-2023-693 Page 25 25 “Sight triangle” means a visual / sight distance triangular area on a corner of a lot or along a driveway, two (2) of the sides of such triangle being formed by extending two (2) imaginary lines from the corner of the lot or the edge of a driveway adjacent to the street intersection at least 15 forty (40) feet back to two (2) points along the sides of the lot parallel to the two (2) 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 ninety (90) days at the proposed location. Said use may normally be allowed to exist only under a development or conditional use permit; however, due to the temporary nature of the proposed use it is considered an allowed use if granted a zone clearance for the time specified. Examples of this can be uses 225 Resolution No. PC-2023-693 Page 26 26 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. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than 180 days require an AP. “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 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 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 small 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. 226 Resolution No. PC-2023-693 Page 27 27 17.12.010 Purpose and establishment of zones. In order to classify, regulate and segregate uses of lands and buildings; to regulate the height and size of buildings; to regulate the area of yards and other open spaces around buildings; and to regulate the density of population, the following classes of use zones and their subzones are established: A. Open space (O-S) zone; B. Agricultural exclusive (A-E) zone; C. Rural agricultural (R-A) zone; D. Rural exclusive (R-E) zone; E. Single-family estate (R-O) zone; F. Single-family residential low (R-L) zone; GF. Single-family residential (R-1) zone; GH. Two-Medium density family residential (R-2) zone; I. Multifamily density residential (R-3) zone HJ. Residential planned development (R-P-D) zone; JK. Commercial office (C-O) zone; KJ. Neighborhood commercial (C-1) zone; LK. General commercial (C-2) zone; ML. Commercial planned development (C-P-D) zone; NO. Industrial Flex (I-F) zone; OM. Industrial park (M-1) zone; PN. Limited industrial (M-2) zone; QO. Planned community (P-C) zone; RP. Specific plan (S-P) zone; SQ. Old town commercial (C-OT) zone; 227 Resolution No. PC-2023-693 Page 28 28 TR. Specific plan—downtown overlay (SP-D) zone; U. Mixed Use Low District (MUL) zone; V. Mixed Use Medium (MUM) zone; WV. Mixed Use District (MUD) zone; XS. Residential planned development 20 units per acre (non-discretionary) (RPD 20U-N-D) per Chapter 17.76. 17.12.020 Subzones. A. Lot Size Subzones. The size of lots created in each of the O-S, A-E, R-A, R-E, R-O, R-1 and, R-2, and R-3 subzones may be determined by a suffix number attached to the zone designation on the zoning maps. The application of such suffixes shall be consistent with the general plan and Chapter 17.24. All other requirements of the zone contained in this title shall apply to the respective subzones. The suffix numbers shall only be assigned in one thousand (1,000) square foot increments for lots of less than one (1) acre and increments of one (1) acre for lots of one (1) acre or more. Unless designated as acres, suffix numbers from 1 through 43 are assumed to be in thousands of square feet. The application of suffix numbers shall not create lot sizes less than the minimum size specified for the various zones by this titleO-S zone. Where no suffix number appears, it is understood that the minimum lot size specified for that the O-S zone shall apply. B. Average Lot Size. The suffix “Av” may be added to any of the subzone designations listed in subsection A of this section (example: R-A-10Ac Av). When added to a given subzone designation, the Av suffix converts the lot size subzone suffix to an average size. When land is subdivided which has the Av suffix, lots may be created which are no smaller in area than eighty percent (80%) of the applicable subzone suffix number, provided the collective average size of the lots created is not smaller than that required by the applicable lot size subzone suffix (example: R-A-10Ac Av ´ 80 percent = 8Ac Av). In computing the collective average size of newly created lots, only those lots which are no larger than 1.9 times the subzone suffix number may be counted (example: R-A-10Ac Av ´ 1.9 = 19Ac as the size of the largest lots that can be counted). Lawfully created lots in the Av subzone, not smaller than eighty percent (80%) of the applicable subzone suffix number, are deemed to be conforming as to lot area. BC. Subzones for the R-P-D Zone. The general density in the R-P-D zone shall be in accordance with a subzone suffix which shall indicate the maximum number of dwelling units per acre, followed by the letter “U.” The subzones for the R-P-D zone may be any number between R-P-D-1U and R-P-D-20U, although R- P-D-15U shall be the maximum residential density unless a density bonus is approved consistent with Chapter 17.64 and with Section 5.1 of the general plan land use element. The city council may grant a density bonus above the maximum residential density otherwise allowable by the applicable R-P-D zone designation and general plan land use element designation, not to exceed the density limit specified in the general plan land use element, to projects which provide housing for senior residents or families of very low or lower income as provided for in Chapter 17.64. 228 Resolution No. PC-2023-693 Page 29 29 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. AB. Single-Family Residential (R-1) Zone. The purpose of this zone is to provide for and maintain areas which are appropriate for single-family dwellings on individual lots. BC. Two-FamilyMedium Density Residential (R-2) Zone. The purpose of this zone is to provide for and maintain residential areas allowing single-family, two (2) single-family dwelling units or a two (2) family dwelling unit, or multi-family developments on lots which meet the minimum area requirements of this zone. CD. Multifamily Residential (R-3) Zone. The purpose of this zone is to provide for and maintain a mix of attached multifamily residential housing types. CDE. Residential Planned Development (R-P-D) Zone. The purpose of this zone is to provide areas for communities which will be developed utilizing modern land planning and unified design techniques; this zone provides a flexible regulatory procedure in order to encourage: 1. Coordinated neighborhood design and compatibility with existing or potential development of surrounding areas; 2. An efficient use of land particularly through the clustering of dwelling units and the preservation of the natural features of sites; 3. Variety and innovation in site design, density and housing unit options, including garden apartments, townhouses and single-family dwellings; 4. Lower housing costs through the reduction of street and utility networks; and 229 Resolution No. PC-2023-693 Page 30 30 5. A more varied, attractive and energy-efficient living environment as well as greater opportunities for recreation than would be possible under other zone classifications. 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. Planned Community (P-C) Zone. The purposes of the P-C zone are: 1. To provide for the unified planning and diversified urban communities which reflect modern site design standards and concepts and incorporate a variety of uses, while providing for the separation of incompatible uses; 2. To encourage the provision of a broad range of community facilities, including recreational and commercial; and 3. To provide for flexibility in the design and development of such communities. BA. Specific Plan (S-P) Zone. This suffix shall be used for property that is subject to a specific plan. The purpose of this suffix is to provide the city with a zone that allows for development with a comprehensive set of plans, regulations, conditions and programs for guiding the orderly development of the specific plan area, consistent with the city’s general plan; and that the specific plan shall serve as the zoning regulations. 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 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. 230 Resolution No. PC-2023-693 Page 31 31 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 tenfive (105) or more units. All uses, as applicable, shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations. Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES [Blank— ] = Not permitted P = Permitted(1) AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Temporary Use Permit CUP = Conditional Use Permit Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U — N—D TPD A. Agricultural Uses (minimum lot size of 5 acres required) 231 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 RPD RPD 20U — N—D TPD 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 APZC —ZC —ZC —ZC —ZC — — — — — 4. Crop production where no structures are involved ZC ZC ZC ZC — — — — — — — — 5. Greenhouses , hothouses and the like. Minimum property line setbacks shall be 20 feet. With a total gross floor area per lot: — Less than 1,000 sq. ft. ZC ZC ZC ZC — — — — — — — — 232 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 RPD RPD 20U — N—D 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 - - - - - - 87. Wholesale nurseries, tree farms and ornamental plant farms including container plants. Retail sales shall be limited to the requirements of(see Chapter 17.28). *Only allowed in these zones when within overhead electrical utility corridors. AP AP AP AP — — AP* — — — — — 89. Wildlife sanctuaries CUP CUP — — — — — — — — — — 910. Commercial cannabis activity except as provided in Table 17.20.050(D)(1 6) and (17) — — — — — — — — — — — — 1110. Cultivation of industrial hemp — — — — — — — — — — — — 1211. Industrial hemp warehousing, — — — — — — — — — — — — 233 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 RPD RPD 20U — N—D TPD and manufacturing and processing B. Residential Uses 1. Boardinghouses and bBed and breakfast inns —— CUP CUP CUP CUP CUP CUP CUP CUP CUP — — 2. Family day care homes (small)— P P P P P P P P P — —P b.3. Large fFamily day care homes (large) serving up to 14 children within a single—family residence when found consistent with Section 1597.465 of the Health and Safety Code ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — —ZC c.4. Home schooling, including home teaching, home independent study, and individual instruction as defined by the Education Code, only involving provision of such services to residents of the property NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — NZCP d.5. Transitional and supportive housing when conducted in an existing housing unit (*subject to same zoning requirements and procedures as other residential uses of the same type in the NZCP* NZCP* NZCP* NZCP* P* NZCP* NZCP* NZCP* NZCP* NZCP* — — 234 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 RPD RPD 20U — N—D TPD same zoning district) (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) 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 73. Dwellings, single—family a. Standard construction, including manufactured and factory-built housing consistent with Chapter 17.28 (for 105 or more homes constructed in the R—A, R—O, R—E, O- S, A-E, R-L, and R—1, R-2, and R-3 zones a AP AP AP AP AP AP AP AP AP AP — AP 235 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 RPD RPD 20U — N—D TPD planned development permit is required) b. Less than 105 affordable or senior housing units when in compliance with Chapter 17.64 — — — — AP — AP AP AP AP — — c. Accessory dwelling units when in compliance with Chapter 17.28 —P ZCP ZCP ZCP P ZCP ZCP ZCP ZCP ZC ZC — 84. Dwellings, two— family or two single— family dwellings on 1 lot a. Less than 105 dwelling unitsTwo dwelling units — — — —AP AP —AP —AP AP AP AP — — b. Less than 105 Two dwelling units for affordable or senior housing units when in compliance with Chapter 17.64 — — — —AP AP —AP —AP AP AP AP — — 95. Dwellings, multiple—family (three or more units) a. Less than 105 dwelling units (for 10 or more homes constructed in the R- A, R-L, R-O, R-E, R-1, R-2, and R-3 zones a planned development permit is required) — — — —AP AP —AP —AP —AP —AP AP — — b. Less than 105 affordable or senior housing units when in — — — —AP AP —AP —AP —AP —AP AP — — 236 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 RPD RPD 20U — N—D TPD compliance with Chapter 17.64 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 — — — — — — — — — — — — 610. Mobilehome parks in compliance with the applicable standards of the zone in which it is located. It shall include recreation facilities with minimum distance between structures of 10 feet and minimum distances between accessory structures of 6 feet — — CUP CUP CUP CUP CUP CUP CUP CUP — CUP 711. 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 — AP AP AP AP AP AP AP AP AP — — 237 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 RPD RPD 20U — N—D TPD plan/temporary office plan approved by the community development director (Temporary construction trailers require a Temporary Use Permit) 128. Residential short—term rental units — — — — — — — — — — — — C. Public and Quasi—Public Uses 1. Places of religious assembly, with or without schools and/or social services, including emergency shelters — — CUP CUP CUP CUP CUP CUP CUP CUP — — 2. Social clubsClubhouses with or without alcoholic beverage sales — — CUP CUP CUP — CUP CUP CUP CUP — — 3. Colleges and universities — — — CUP — — — — — — — — 4. Energy production from renewable resources CUP CUP CUP — — — — — — — — — 5. Governmental uses including, but not limited to, city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP — — 238 Resolution No. PC-2023-693 Page 39 39 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U — N—D TPD 6. Utility structures (electrical boxes, transformers and valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zoning clearance) AP AP AP AP AP AP AP AP AP AP — AP 7. Wireless communications facilities in accordance with the requirements of Chapter 17.42 a. Major wireless communications facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP — CUP b. Minor wireless communications facilities AP AP AP AP AP AP AP AP AP AP — AP c. Collocation wireless communications facilities (consistent with definition of “collocation facility” in Section 17.42.020) ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC d. Modification of existing wireless communication facilities that is not a substantial change (pursuant to Section 6409 (a) of Middle Class Tax Relief and ZC ZC ZC ZC ZC ZC ZC ZC ZC — — ZC 239 Resolution No. PC-2023-693 Page 40 40 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U — N—D TPD Job Creation Act of 2012) D. Accessory and Miscellaneous Uses 1. Animal keeping as an accessory use when the primary use is residential in accordance with the requirements of Chapter 17.28 a. Apiculture (*minimum lot size: onefive [15] acres) ZC ZC APZC —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 NZCP NZCP NZCP NZCP P NZCP — — — NZC — — d. Pet animals are allowed in all zones subject to the requirements of Chapter 17.28 NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — NZCP e. Wild animals subject to the requirements of Chapter 6.24 AP AP AP — — — — — — — — — 2. Accessory structures a. Balcony, deck, patio covers, room additions, or storage sheds (Sheds and other similar structures as described in Chapter ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — — 240 Resolution No. PC-2023-693 Page 41 41 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U — N—D TPD 17.24.025.A.7.bwhic h are less than 120 sq.ft. and one story are Permitted) b. Fences and walls less than six (6) feet and retaining walls less than three (3) feet in height, paving and decks when constructed lower than thirty (30) inches above the immediate surrounding natural grade. (No building permit required) NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZCP — NZCP c. Fences and walls greater than six (6) feet and retaining walls greater than three (3) feet in height, paving and decks when constructed higher than thirty (30) inches above the immediate surrounding natural grade ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC d. Swimming, wading, ornamental pools, or spas where a building permit is required ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC e. Swimming, wading, ornamental pools, or spas where a building permit is not required NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — NZCP 241 Resolution No. PC-2023-693 Page 42 42 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U — N—D TPD 3. Antenna or flag pole, ground mounted, non— commercial a. <35 feet high AP AP AP AP AP AP AP AP AP AP — AP b. >35 feet high CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP — CUP 4. Dwelling, caretaker AP AP AP AP AP AP AP AP AP AP — AP 5. Dwelling, employee housing ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 56. Dwellings, farm labor in accordance with the requirements of (see Chapter 17.28) ZC ZC ZC ZC — — — — — — — — 67. Home occupation when conducted in an existing single— family homeresidence and consistent with the requirements of Chapter 17.28.020.B NZCP NZCP NZCP PNZC NZCP NZCP NZCP NZCP NZCP NZC — NZCP 87. Maintenance and minor repair to buildings involving structural alterations ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 98. Temporary motion picture, television, or still photography production (and related activities and structures) in accordance withsee Section 17.28.120) TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP 109. Mobilehomes or recreation vehicle as TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP — TUP 242 Resolution No. PC-2023-693 Page 43 43 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U — N—D TPD temporary dwelling on the site of an active building permit during construction 110. Produce stands in compliance with the requirements of (see Chapter 17.28) ZC ZC ZC ZC —ZC — — — — — — — 12XX. Garden, Community AP AP AP AP AP AP AP AP AP 131. Recreational facilities, non—profit or for profit, including, but not limited to, athletic fields, bicycle and skate parks, community centers, golf courses, gymnasiums, retreats, riding stables. Bicycle and skate parks shall be in compliance with Chapter 17.28 (Public park and recreation facilities are permitted in all zones and do not require a CUP or a ZC) CUP — CUP CUP CUP CUP CUP CUP CUP CUP — — 142. Storage of building materials in accordance with the requirements of Chapter 17.28 ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC — ZC 153. Storage, open, consistent with Chapter 17.28 NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — NZCP 243 Resolution No. PC-2023-693 Page 44 44 Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U — N—D TPD 164. Soil testing for wells, foundations, septic systems and similar construction NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC — NZCP 175. Temporary uses, including, but not limited to, carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than 180 days require an AP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP — TUP 186. Delivery of adult use or medicinal cannabis, including, but not limited to, deliveries from mobile dispensaries, except for deliveries of medicinal cannabis from a patient’s primary caregiver to a qualified to a medicinal cannabis patient or their primary caregivers by licensed medicinal cannabis businesses, as those terms are defined in state law, — — — — — — — — — — — — 244 Resolution No. PC-2023-693 Page 45 45 Notes: 1. “Permitted” in the Carlsberg Specific Plan requires a zoning clearance. 17.20.060 Permitted uses in commercial and industrial zones. Permitted uses in commercial and industrial zones are set forth in Table 17.20.060 and in the conditions of approval of any applicable commercial and industrial planned development permits. In addition to the entitlements required by Table 17.20.060, a planned development permit is required in all commercial and industrial zones for any new construction of building floor area two thousand five hundredten thousand (2,50010,000) square feet or greater in commercial zones and fifty—thousand (50,000) square feet or greater in an industrial zone, and an administrative permit is required in all commercial and industrial zones for any new construction of less than two thousand five hundredten thousand (2,50010,000) square feet of building floor area in a commercial zone and less than fifty—thousand (50,000) square feet of building floor area in an industrial zone. All uses, except for those specifically identified as outdoor uses, shall be operated within a building. Prior to the issuance of a zoning clearance, a discretionary permit, or an exception, the community development director shall verify that the site, Zones O—S A—E R—A R—E R—L R—O R—1 R—2 R—3 RPD RPD 20U — N—D TPD 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 197. Indoor personal cultivation of cannabis of up to 6 plants per private residence when consistent with Health and Safety Code Section 11362.2 (Outdoor personal cultivation of cannabis is prohibited) NZCP NZCP NZCP NZCP P NZCP NZCP NZCP NZCP NZC NZCP NZCP 245 Resolution No. PC-2023-693 Page 46 46 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 Blank [—] AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required P = Permitted5 TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F A. Retail and Service Uses 1. Adult businesses when in compliance with Sections 17.24.040(N), 17.78.05 0 and Chapter 5.18 — — — — ZC ZC — -ZC 2. Alcoholic beverage sales for off—site consumption when in conjunction with another city— approved retail or service use other than automobile service station or liquor store a. Beer and/or wine (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) — AP3CUP AP3 AP3 AP3 AP3 — AP3 b. Beer, wine and other alcoholic beverages — AP 3 CUP AP 3 CUP AP 3 CUP AP3 CUP AP 3 CUP — AP 3 3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales and installation, — CUP AP* 3 — AP* 3 AP* 3 — — 246 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 tune—ups and other light service and repair (with or without hydraulic lifts) (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) b. Car washes, self—service or automatic with or without automotive services stations — — CUP — CUP CUP — — c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting — — — — CUP CUP — — d. Parts and supplies — ZC ZC — ZC ZC — — e. Rental — — AP — AP AP — — f. Sales, with or without service and parts — — CUP — CUP CUP — — g. Service stations with or without mini—marts and with or without beer and wine sales for off—site consumption — — CUP — — CUP — — 4. Body piercing and/or tattoo AP AP CUPAP AP 5. Building supplies (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) — — AP* 3 CUPAP* 3 — CUPAP * 3 — CUPAP* 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) — — — — CUPAP 3 CUPAP 3 — — Kennels and Catteries (9 or more animals) — — — — CUP CUP — — 247 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 9. Liquor stores (when located no closer than one thousand [1,000] feet of any other liquor store or public or private school) — CUP CUP CUP — — — CUP 10. Commercial cannabis activity — — — — — — — CUP - 11. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an enclosed area — — AP — — — — CUP 12. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies kept in an enclosed area — — — — — AP — CUP 13. Pawnshops when in compliance with Chapter 5.32 — — AP — — — — — 14. Pest control services (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — — — AP* 3 AP* 3 — — 15. Private post offices, parcel services, copy centers ZC ZC ZC ZC — — — — 16. Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code (*if within 100 feet of a residentially zoned property a conditional use permit is required) APZC* 4 CUP CUPAPZ C* 4 APZC* 4 — — — — — 17. Recreational vehicle storage yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Moorpark Network Map and with or without a caretaker dwelling — — — — — CUP — — 18. Recycling centers — — CUP — CUP CUP — — 248 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 19. Recycling drop—off bins when located in an area determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation ZC ZC ZC ZC ZC ZC — ZC 20. Rental and leasing of large equipment with or without outdoor storage and repair (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) — — — — AP* 3 AP* 3 — — 21. Retail shops and personal service establishments, except as otherwise indicated in this table, including, but not limited to, antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales/service, books and stationery, camera/photo stores including on—site processing, carpet and flooring sales/ cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and lessons), newsstands, paint stores, party supply sales and rental, pet — ZC ZC ZC — — — ZC 249 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 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 22. Warehousing with limited distribution conducted within a Rretail sales establishment combined with limited distribution and/or warehousing not exceeding 40% of gross floor area of the building/tenant space in which it is located (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — AP*3 — — — — AP*3 23. Retail sales in the M—1 and M—2 zone limited to a maximum of 20% of the gross floor area of the building in which it is located. In an industrial complex the 20% shall be computed on the basis of the cumulative total floor area of the industrial planned development (IPD) — — — — AP AP — AP 24. Retail sales (temporary) in the M—1 and M—2 zones. Issuance of a temporary use permit shall take the place of a zoning clearance — — — TUP TUP — TUP 250 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 25. Thrift stores, secondhand shops, consignment stores when in compliance with Chapter 5.32 — — — AP AP — — — ZC 26. Tobacco sales (6) a. Retail smoking products stores, as defined in Chapter 8.32 — — CUP — — — — — b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments 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) NZCP NZCP NZCP NZCP — — — NZCP B. Eating and Drinking Places 1. Bars with or without entertainment including, but not limited to, cocktail lounges, cabarets — — CUP CUP CUP CUP — ZC/CUP 2. Breweries, micro breweries, wineries/tasting rooms, distilleries, with or without restaurant and with or without — — CUP CUP CUP CUP — — AP 251 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 outdoor seating and with or without entertainment 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on—site or off—site consumption in accordance with the restrictions below: a. With or without entertainment and with or without on—site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating (*if within 100 feet of a residentially zoned property a conditional use permit is required) — CUP AP* 3 AP* 3 AP* 3 AP* 3 — AP* 3 b. With drive—in or drive— through facilities (sale of alcoholic beverages from the drive—in or drive—through facilities is 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) — — APZC — — — — — 252 Resolution No. PC-2023-693 Page 53 53 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F c. Automated/automatic teller machines (ATMs) ZC ZC ZC ZC APZC — — APZC 2. Laboratories: research and scientific ZC — ZC — ZC ZC — ZC a. Industrial hemp research and testing laboratory CUP — — — CUP — — CUP 3. Professional and administrative offices, including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment; medical, optical and related health services; planning services (not including hospitals or urgent care), real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 ZC ZC ZC ZC ZC ZC — ZC 4. Veterinary offices and small animal hospitals — — — — — — — ZC a. Without boarding (keeping of animals indoors and on—site for medical purposes shall not be considered boarding) ZCAP ZCAP ZCAP ZCAP ZCAP ZCAP — — ZC b. With boarding indoors or outdoors (8 or fewer animals) — — AP3CUP — AP3CUP APCUP — APCUP3 c. With boarding indoors or outdoors (9 or more animals) — — CUP — CUP CUP — — d.5. Animal rescue or animal shelter 253 Resolution No. PC-2023-693 Page 54 54 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F a. 8 or fewer animals — — AP*3 — AP*3 AP*3 — — b. 9 or more animals — CUP — CUP CUP — — 56. Massage establishments when in compliance with Chapter 5.48 of the Moorpark Municipal Code a. Massage establishments with 4 or more massage stations, or where 20% or more of the floor area is dedicated to massage services (Only permitted in the CPD Zone) — — CUP — — — — — b. Massage establishments at day spas, salons, or similar uses with 3 or fewer massage stations, provided that less than 20% of the floor area is dedicated to massage services ZC ZC ZC ZC — — — CUP 67. Motion picture and television production — — CUP1 — CUP CUP — CUP D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster., and product fabrication — — — — — CUP — — 2. Distribution and transportation facilities — — — — CUP CUP — — 3. Heavy machinery repair, including trucks, tractors and buses — — — — — CUP — — 4. Manufacturing and , assembly, and product fabrication including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, — — CUP1 — ZC* 4 ZC* 4 — ZC* 254 Resolution No. PC-2023-693 Page 55 55 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 (*if within 100 feet of a residentially zoned property an administrative permit is required) 5. Outdoor storage when in conjunction with a city approved use and when all storage is screened by an 8 6—foot high masonry wall or solid fence that is architecturally matched to the primary structure (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — CUPAP*3 — AP*3 AP*3 — AP*3 6. Self—storage or mini— storage when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element MoorparkHighway Network Map and with or without a caretaker dwelling — — — — CUP CUP — — 7. Warehousing — — CUP1, 2 — APZC4 APZC4 — AZC4 P 8. Welding — — — — AP AP — — 9. Industrial hemp warehousing, and manufacturing and processing (*except that the process of combining prepared industrial hemp ingredients with — — — — — — — ZC - 255 Resolution No. PC-2023-693 Page 56 56 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F other products shall be allowed as an accessory use within a permitted processing or assembly use, with a Zoning Clearance) E. Public and Semi—Public Uses 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades (video and computer) and cyber cafés — ZCCUP ZCCUP ZCCUP — — — ZC b. Health clubs, gymnasiums, fitness centers, and fitness studios for uses such as martial arts, yoga, dance, and other similar uses or combination of uses i. up to 103,000 square feet APZC APZC APZC APZC ZC ii. over 103,000 square feet (*if within 100 feet of a residentially zoned property a conditional use permit is required) — AP* 3 AP* 3 AP* 3 AP* 3 — — ZC* 3 c. Auditoriums, community centers, dancehalls, banquet facility, event facility, and indoor motion picture theaters (Service of food or alcohol may require additional permits) CUP CUP CUP CUP CUP CUP CUP CUP d. Billiard and pool establishments, and bowling alleys, with or without alcohol — — CUPAP CUPAP — — — CUPAP e. Billiard and pool establishments, and bowling alleys, with alcohol — — AP*3 AP*3 — — — AP*3 2. Care facilities, including adult day care facilities, Alzheimer’s day care facilities, congregate living health facilities, child day care centers, community CUP CUP CUP — — — — — 256 Resolution No. PC-2023-693 Page 57 57 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F treatment facilities, foster family and adoption agencies, hospices, long—term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life— threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, and therapeutic day services facilitiesCommunity care facility a. Community care facility, six or few persons. AP AP AP — — — — — 3. Emergency shelters in compliance with the requirements of (see Chapter 17.28) (*allowed in C— 2 zone only, not permitted in CPD zone; emergency shelters are also allowed in conjunction with permitted places of religious assembly) — — ZC* — — — — — 4. Single room occupancy unit development in compliance with the requirements of Chapter 17.28 (*allowed in C—2 zone only, not permitted in CPD zone) — — ZC* — — — — — 5. SClubhouses, social clubs, service clubs with or without alcohol — — AP — CUPAP — CUPAP APCUP 65. Clubhouses, sSocial clubs service clubs with service of alcohol — — CUP — CUP — CUP CUP 76. Energy production from renewable resources — — — — — CUP CUP CUP 257 Resolution No. PC-2023-693 Page 58 58 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 8. Energy storage within a building (not within a storage container) — — — — CUP CUP CUP CUP 9.7. Governmental uses including, but not limited to, city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities CUP CUP CUP CUP CUP CUP CUP CUP 108. Hospitals including urgent care (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) CUP — AP* 3 — AP* 3 — AP* 3 — 911. Places of religious assembly, with or without schools and/or social services, including emergency shelters i. up to 53,000 square feet CUP AP AP AP AP CUP CUP CUP ii. over 53,000 square feet (*if within 100 feet of a residentially zoned property a conditional use permit is required) CUP AP* 3 AP* 3 AP* 3 AP* 3 CUP CUP CUP 1210. Private education facilities including, but not limited to, colleges and universities, elementary, middle and high schools (*if within 100 feet of a residentially zoned property a conditional use permit is required) CUP CUP AP* 3 AP* 3 AP* 3 — CUP CUP 1311. Private training facilities including, but not limited to, professional and vocational schools, art and craft schools, music schools not part of a music store, and driver training schools (*if within 100 feet of a residentially zoned property a conditional use permit is required) CUP CUP AP* 3 AP* 3 AP* 3 — — AP* 3 258 Resolution No. PC-2023-693 Page 59 59 Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 1412. Recreational facilities, (private), indoor or outdoor, with or without food services, including, but not limited to, batting cages, bicycle and skate facilities, golf courses (including miniature golf and driving ranges), and sports fields. Bicycles and skate parks shall be in compliance with Chapter 17.28 (*if within 100 feet of a residentially zoned property a conditional use permit is required) — — AP* 3 AP* 3 AP* 3 — CUP AP* 3 1513. Utility structures (electrical boxes, transformers and valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zone clearance) AP AP AP AP AP AP AP AP 1614. Wireless communications facilities, in accordance with the requirements of Chapter 17.42 a. Major wireless communications facilities CUP CUP CUP CUP CUP CUP CUP CUP b. Minor wireless communications facilities AP AP AP AP AP AP AP AP c. Collocation wireless communications facilities (consistent with definition of “collocation facility” in Section 17.42.020) ZC ZC ZC ZC ZC ZC ZC ZC d. Modification of existing wireless communication facilities that is not a substantial change (pursuant to Section 6409 (a) of Middle Class Tax Relief and Job Creation Act of 2012) ZC ZC ZC ZC ZC ZC ZC ZC 259 Resolution No. PC-2023-693 Page 60 60 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. Zones C—O C—1 C-P-D C—2 C—OT M—1 M—2 I I—F 17. Funeral home - - - - AP AP - - F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP — ZCCUP 2. Retail shops and services as listed in Table 17.20.060(A)(21) when the uses are determined by the community development director to be ancillary to office use of the property AP — — — — — — AP 3. Temporary motion picture, television, or still photography production (and related activities and structures) in accordance with Section 17.28.120 TUP TUP TUP TUP TUP TUP TUP TUP 4. Temporary uses including, but not limited to, carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than 180 days require an AP TUP TUP TUP TUP TUP TUP TUP TUP 5. Drive—through facilities associated with permitted uses in the zone other than eating and drinking places (Not allowed in C—2 Zone) — — CUP — CUP — — CUP 6. Cultivation of industrial hemp — — — — — — — — 260 Resolution No. PC-2023-693 Page 61 61 17.20.070 Permitted uses in mixed use zones. Permitted uses in mixed zones are set forth in Table 17.20.070 and in the conditions of approval of any applicable residential 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 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 — — — 261 Resolution No. PC-2023-693 Page 62 62 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) — — — 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 262 Resolution No. PC-2023-693 Page 63 63 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 (for 5 or more homes constructed in the R—A, R—O, R—E, and R—1 zones a planned development permit is required) — — — b. Less than 5 affordable or senior housing units when in compliance with Chapter 17.64 ZC ZC ZC c. Accessory dwelling units when in compliance with Chapter 17.28 ZC ZC ZC 4. Dwellings, two—family or two single— family dwellings on 1 lot ZC ZC ZC a. Less than 5 dwelling units ZC ZC ZC b. Less than 5 affordable or senior housing units when in compliance with Chapter 17.64 ZC ZC ZC 5. Dwellings, multiple—family a. Less than 5 dwelling units ZC ZC ZC b. Less than 5 affordable or senior housing units when in compliance with Chapter 17.64 ZC ZC ZC 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 — — — 263 Resolution No. PC-2023-693 Page 64 64 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 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 264 Resolution No. PC-2023-693 Page 65 65 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 AP*2 AP*2 AP*2 c. Auditoriums, community centers, dancehalls, banquet facility, event facility, and indoor motion picture theaters (Service of food or alcohol may require additional permits) — — — d. Billiard and pool establishments, and bowling alleys, without alcohol AP AP AP e. Billiard and pool establishments, and bowling alleys, with alcohol AP2 AP2 AP2 3. Community care facility CUP CUP CUP D. Accessory and Miscellaneous Uses 1. Animal keeping as an accessory use when the primary use is residential in accordance with the requirements of Chapter 17.28 a. Apiculture (*minimum lot size: five [5] acres) — — — 265 Resolution No. PC-2023-693 Page 66 66 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 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 266 Resolution No. PC-2023-693 Page 67 67 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 NZCP NZCP NZCP 7. Maintenance and minor repair to buildings involving structural alterations NC NC NC 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 NZCP NZCP NZCP 14. Soil testing for wells, foundations, septic systems and similar construction NZCP NZCP NZCP 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 ZC - ZC - ZC - 267 Resolution No. PC-2023-693 Page 68 68 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) NZC P NZC P NZC 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 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 — — — 268 Resolution No. PC-2023-693 Page 69 69 g. Service stations with or without mini— marts and with or without beer and wine sales for off—site consumption — — — 4. Body piercing and/or tattoo — 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 CUP - CUP - CUP - 12. Nurseries (retail) with or without container grown plants when all equipment and supplies kept in an enclosed area — — — 13. Nurseries (wholesale and/or retail) with or without container grown plants when all equipment and supplies kept in an enclosed area — — — 14. Pawnshops when in compliance with Chapter 5.32 — — — 15. Pest control services — — — 16. Private post offices, parcel services, copy centers CUP ZC AP 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 — — — 269 Resolution No. PC-2023-693 Page 70 70 Moorpark Circulation Element Moorpark 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, 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 ZC ZC ZC 270 Resolution No. PC-2023-693 Page 71 71 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 CUP AP AP ZC 25. Tobacco sales a. Retail smoking products stores, as defined in Chapter 8.32 CUP AP AP ZC AP b. Sale of tobacco products and electronic cigarette (vaping) products from retail establishments other than retail smoking products stores CUP AP AP ZC 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 — — CUP - 26. Industrial Hemp a. Industrial hemp product retail sales, stand—alone retail store (*consistent with the requirements of Chapter 17.28.080) AP ZC AP ZC AP 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) AP P AP P AP 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 CUP AP2 AP2 ZC2 271 Resolution No. PC-2023-693 Page 72 72 or without restaurant and with or without outdoor seating and with or without entertainment 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on—site or off—site 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 AP2 CUP AP2 CUP 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. — — — 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 AP AP AP 272 Resolution No. PC-2023-693 Page 73 73 estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors and on—site for medical purposes shall not be 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 • 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. 273 Resolution No. PC-2023-693 Page 74 74 • 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 274 Resolution No. PC-2023-693 Page 75 75 Table 17.24.020 DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R-ZONES General Requirement s O-S A-E R- A R-O R-L R-E R-1 R-2 R-3 SP, RPD, TPD A. Density— Maximum dwelling units per gross acre 1,21 1 du/1 0 acre s 1 du/4 0 acre s 1.0 3.02.0 3.0 43.0 8.07.0 15.024. 0 32.0 By permit B. Net lot area, minimum (in square feet unless noted) 1,21 10 acre s 40 acre s 1 acr e 20,00 014,5 00 14,500 14,500 10,000 6,225 5,000 6,500 5,000 6,500 5,000 By permit C. 1. Lot width minimum (in feet) 110 110 10 0 80 80 80 60 50 60 50 60 50 By permit C. 2. Cul-de- sac or odd- shaped minimum lot width (in feet) 30 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 20 By permit D. Lot depth minimum (in feet) 150 150 10 0 100 100 100 100 60 100 60 100 60 By permit E. Front yard and setback (in feet)32 20 20 20 20 20 20 20 20 20 By permit F. Side yard setback, interior side (in feet)23,43 10 10 5 5 5 5 5 5 5 By permit 275 Resolution No. PC-2023-693 Page 76 76 G. Side yard setback, street side (in feet)23,43 10 10 10 10 10 10 10 10 10 By permit H. Rear yard setback (in feet)23,43 15 15 15 15 15 15 15 15 15 By permit I. Lot coverage, maximum (in percentag e)32 20 10 35 35 35 35 50 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 21. Required net lot areas in the R-O, R-E, and R-1 zones are reduced by fifty percent (50%) when the property owner has executed an affordable housing agreement with the city to guarantee housing will be affordable to very low or lower income households or to senior citizens in accordance with the provisions of Chapter 17.64 of this title. 32. See Section 17.24.025(AD)(6) for exception. See Section 17.44.040(F) for exception. 34. Two (2) story residences with windows facing the adjacent property shall have a minimum ten (10) foot side yard setback (second (2nd) story only) and a twenty (20) foot rear yard setback (second (2nd) story only) from the adjacent property line. A second-floor elevation that only features clerestory windows shall not be subject to this provisionClerestory windows shall be permitted in lieu of the required setbacks. 54. In the case of odd-shaped lots, the Community Development Director shall determine the required yards, referencing typical rectangular lots in the district in which such odd-shaped lot is located. In no case shall such determination constitute a variance from the standards of the zoning district. 17.24.025 Open space, agriculture and residential property development standards—Additional requirements. 276 Resolution No. PC-2023-693 Page 77 77 b. A detached accessory structure may be located within an interior side yard or rear yard provided that such structure is located no closer than three (3) feet to an interior side or rear lot line, no taller than 12 feet higha maximum of 12 feet high, and is at least six (6) feet from the main structure unless additional fire-resistive construction is provided in accordance with Chapter 15.08, Building Code. One- (1) story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed one hundred twenty (120) square feet and the height of the structure does not exceed 12 feet may be located anywhere on a single-family residential lot, except within the front and street side yard areas, provided the eaves do not overhang adjacent property. d. Canopies, patios and breezeways attached to the main building or connecting the main building with a detached accessory building, may extend into a required rear or interior side yard; provided, that portions of such structures extending into the yard: i. Shall not exceed fifteen (15) feet in height or project closer than five (5) feet to an interior side yard, two (2) feet into an interior street side yard, or closer than ten (10 ) feet at the rear lot line; ii. Shall be entirely open on at least three (3) sides for patios and canopies except for necessary supporting columns, or patios and canopies using two (2) or three (3) sides of an existing residence, in which case the remaining side(s) must be entirely open with no obstructions. A roof connecting a main building and an accessory building shall be open on two (2) sides. f. Outdoor barbeques, fireplaces, or firepits must be at least ten (10) feet from the main structure and three (3) feet from interior side and rear property lines. g. Heating and cooling and other mechanical equipment, including pool equipment, air conditioners, and necessary appurtenances shall be a minimum of three (3) feet from any side or rear lot line, screened from public view and meet noise requirements set by Chapter 17.53 of the Moorpark Municipal Code., not be visible from the street, and be enclosed by a minimum of four (4) foot high masonry wall except on the side where access is provided or abuts a structure. Landscape screening may be approved by the Community Development Director through a zoning clearance. B. Lot Coverage. Lot coverage shall include all buildings, carports, structures and accessory buildings, except that patios, patio covers that are open on no less than three (3) sides, pools, spas, and freestanding open air gazebos shall not be counted as lot coverage. C. Onsite residential amenities. Multi-family residential developments, consisting of 10 or more units, shall provide the following: 1. Onsite recreational and personal amenities that equal at least 100 square feet per residential unit. Such amenities may include, but are not limited to swimming pool, playground, fitness room, community room, BBQ area, outdoor seating area within a landscaped area, or other amenity as approved by the entitlement review body. Walkways and general landscape areas are not considered part of onsite residential amenities. 277 Resolution No. PC-2023-693 Page 78 78 2. Onsite publicly accessible recreational facilities equal to at least 15% of the project’s lot area, but shall not be required to exceed 10,000 square feet. Space shall be contiguous and maintain a width of at least 15 feet. This area shall be privately maintained by the owner(s) of the residential development, but shall remain publicly available at all times and located along a publicly accessible right of way or property. Publicly accessible amenities are intended for public gathering, play structures, BBQ area, landscaped seating areas, or other amenity as approved by the entitlement review body. D. Additional onsite residential features required for all multi-family residential developments shall include: 1. Onsite laundry facilities available to all residents. Laundry facilities may be provided in a common laundry room or within each residential unit. 2. A private, enclosed, secure, locking storage area of at least 100 square feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to allow for storage of personal items, such as bicycles, tools, outdoor furniture, etc. 3. Private or semi-private outdoor patio, porch, yard or other private or semi-private space shall be provided to each residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities such as outdoor dining, cooking or gathering, and shall be accessible directly from the residential unit. 1.4. Deviations from the requirements 1-3 above may be considered by the Community Development Director where strict conformance is infeasible. EC. Miscellaneous. 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 limit glare and similar visual impacts to adjacent propertiesglare and mirror finish. 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 (3) feet in height within fifteen (15) feet of the intersection of the driveway and the street right-of-way and/or shall comply with Caltrans design standards for site visibility as adopted by the city. Landscaping within the sight distance triangle shall be maintained below three (3) feet or when aand the bottom of a tree canopyy shall be at least eight (8) feet above the ground. Final determination shall be by the community development director. Corner cut-offs may be required for safety and visibility (see example below). 278 Resolution No. PC-2023-693 Page 79 79 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 P-C I A. Floor Area Ratio, maximum (the ratio of gross floor area to the gross project site) 0.50 0.350.25 0.38 0.500.252 1.0 1.00.38 1.00.38 By permit By permit B. Lot area, minimum (in square feet) 4 None None None None None 10,000 10,000 100 acres By permit C. Front yard setback (in feet)1,4 20 except when next to a 4 or 6 lane road, then 30 20 except when next to a 4 or 6 lane road, then 30 0 20 except when next to a 4 or 6 lane road, then 30 15, except when next to or across the street from R 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 By permit 279 Resolution No. PC-2023-693 Page 80 80 General Requirements1 C-O C-1 C-OT C2, CPD I-F M-1 M-2 P-C 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 By permit E. Street side yard setback (in feet) 4 5 except when next to a 4 or 6 lane road, then 10 5 except when next to a 4 or 6 lane road, then 10 5 5 except when next to a 4 or 6 lane road, then 10 5 except when next to R zone, then by permit 5 except when next to R zone, then by permit 5 except when next to R zone, then by permit By permit By permit F. Rear yard setback (in feet)4 5 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 10 unless next to C or M zone, then 0 By permit By permit G. Setback (in feet) from residential zone (O-S, A-E, R-A, R-E, R-L, R- O, R-1, R-2, R-3 zones) 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet 30 feet By permit HG. Building and structure height, maximum3 (in feet) 25 35 35 By permit 30 30 30 By permit By permit IH. Parking shall meet the requirements of Chapter 17.32 JI. Signage shall meet the requirements of Chapter 17.40 280 Resolution No. PC-2023-693 Page 81 81 General Requirements1 C-O C-1 C-OT C2, CPD I-F M-1 M-2 P-C I KJ. 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 no less than 10 feet. 6. In the case of odd-shaped lots, the Community Development Director shall determine the required yards, referencing typical rectangular lots in the district in which such odd-shaped lot is located. In no case shall such determination constitute a variance from the standards of the zoning district. 17.24.040 Commercial, industrial and special purpose zones property development standards— Additional requirements. B. Setbacks Adjacent to R Zone. Wherever a lot in the commercial or industrial zone abuts a lot in any R-1, R-2, or R-3 residential zone, the minimum setback shall be 30 feet from the adjoining property line. may be increased by the approving authority in situations where, in the opinion of the approving authority, additional distance would help to mitigate or alleviate potential problems or hazards. C. Floodplain. All development in the floodplain shall be in accordance with the National Flood Insurance requirements and Chapter 15.24 of the Moorpark Municipal Code. BC. Architectural Appurtenances. Clocks, tower elements, and similar ornamental design elements on structures, may exceed the maximum height of thirty-five (35) feet identified in Table 17.24.035, provided, the additional height does not create additional floor area. Such appurtenances may stand no taller than 15 feet above the building’s maximum allowed height 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. Proposals for such appurtenances, however, shall be evaluated through the entitlement review application process on a case-by-case basis so that architectural compatibility and appropriate building scale are achieved and maintained. CD. 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. mirror finish. DE. 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. EF. 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, 281 Resolution No. PC-2023-693 Page 82 82 or equivalent noise attenuation structure, a minimum of eightsix (68) feet in height from the highest finished grade at the property line shall be erected and maintained between such uses and the residential zone. In addition, fifteen (15) gallon or larger trees, no less than twenty (20) feet on center, and shrubbery shall be installed and maintained along the project side of the wall in a minimum five (5) foot wide, raised landscaped planter to provide a dense landscape screen. FG. 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 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. GH. 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. HI. 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. IJ. Testing. Whenever there is a question of conformance with a performance standard of this section or a condition of approval of the project, the community development director shall require the property owner or operator to engage the services of a qualified and or licenseds professional for the type of testing needed.city-approved testing firm. Copies of all such tests shall be furnished to the community development director. JK. 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. KL. No outdoor paging systems or telephone bells or similar devices shall be used on commercial or industrial properties which abut or are across the street from R-1, or R-2, or R-3, RE, RA, RL, or RO residentially or open space zoned properties. LM. 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. MN. 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: 282 Resolution No. PC-2023-693 Page 83 83 1. Within five hundred (500) feet of any property line that is zoned R-1, R-2, RPDR-L, RE, RA or any lot where there is an actual residential structure usewithin another zone, whether inside or outside the city limits; and 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. 17.24.050 Walls and fences in commercial, industrial and special purpose zones. C. Visual / Sight Distance - A wall, or fence, or landscaping area adjacent to a driveway or street or public sidewalk providing vehicular access to an abutting lot or street shall not exceed three (3) feet in height within fifteen (15) feet of the intersection of the driveway and the street right-of-way and/or shall comply with Caltrans’s design standards for site visibility. Landscaping within the sight distance triangle shall be maintain below three (3) feet or when a and the bottom of a tree canopy shall be at least eight (8) feet above the ground. Final height determination shall be by the community development director. Corner cut-offs may be required for safety and visibility (see example below). F. All fences and walls (including retaining walls) shall be constructed of new or good used material and in accordance with the methods of construction which conform to the requirements of Chapter 15.08, Building Code. Additionally, they shall be maintained in a state of good repair. Fences and walls shall be 283 Resolution No. PC-2023-693 Page 84 84 consistent with the City Design Standards in- effect at the time of building permit application. Any dilapidated, dangerous or unsightly fences or retaining walls shall be repaired or removed. 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 Residenti al Vertical Mixed Use Commerc ial Vertical Mixed Use Commerc ial Multi- family 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 0/10 284 Resolution No. PC-2023-693 Page 85 85 F. Width of Frontage Building to Maintain Minimum setback2, 53 70% 70% 60% 75% 75% 80% 80% 75% G. Maximum Interior side yard setback3 5(Min / Max) except where Fire Department access shall be required, maximum side yard setback shall be no less than required 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 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 setback53 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 15 285 Resolution No. PC-2023-693 Page 86 86 Non-Mixed Use residential zones5 Building and structure height, maximum4 3-stories Not to exceed 40’ 3-stories Not to exceed 40’ 3-stories Not to exceed 40’ 4-stories Not to exceed 50’ 4-stories Not to exceed 50’ 4-stories Not to exceed 50’ 4-stories Not to exceed 50’ 4-stories Not to exceed 50’ L. Building and structure height, maximum 3 , 4 3-stories – Not to Exceedand 40’ M. Minimum stepback above second floor28 foot building height3 4 , 5 Minimum 10-foot stepback above second story28 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 Ffigure 17.24.060 and Ssection 17.24.060(B). N. Parking requirements See 17.32.020 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. Additional footage with CUP approval. 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 maximum sixty (60) feet) with approval of a conditional use permit. 286 Resolution No. PC-2023-693 Page 87 87 4. For purposes of stepbacks, Tthe maximum height of a story between floors 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 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: 287 Resolution No. PC-2023-693 Page 88 88 A. Building Frontages. 1. The maximum setback shown in Table 17.24.055(C) shall apply for the building fronting the primary street of the building frontage as shown in Table 17.24.055(C). 2. An optional activity space may exist within the area created when a building frontage is setback up to the maximum allowed frontage setback after the percentage of required minimum building frontage percentage in Table 17.24.055(D) is met. This activity space can be used as outdoor gathering area, dining, plaza, or similar pedestrian orientated activities for adjacent uses. 3. The Director may approve a greater street level building activity setback by zoning clearance for the remaining percentage of the property frontage after the building percentage in Table 17.24.55(D) is met. B . Stepback Design and Use 1. Non-residential stepbacks fronting a residential land use. i. Public access to the stepback area shall be regulated and the stepback area shall not be used for seating or outside activity. ii. No equipment or materials shall be stored in the setback area visible to an observer on the ground. 2. Residential stepback area fronting a street or residential use. i. The wall or railing shall be at least 45 inches in height and be solid to prevent views onto the stepback area from the ground. ii. No equipment or materials shall be stored in the setback area visible to an observer on the ground. iii. Units that open onto the stepback area shall have an accessible outdoor storage area of at least 128 cubic feet with a closeable solid door. iv. Balconies open on at least two sides may project into the stepback area provided the balcony is at least five feet from the side property line. C. Facade Modulation. Buildings over two stories or over 30 feet in height shall have the following: 1. Every 50 feet along the street frontage through the use of varying setbacks, building entries and recesses, transparent fenestration at the ground level, or structural bays that shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building. 2. Every 100 feet along any street frontage, adjacent public park, or publicly accessible outdoor space through the use of varying setbacks and/or building entries and shall be a minimum of 30 inches deep and four feet wide and extend the full height of the building. DC. 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. ED. 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: 288 Resolution No. PC-2023-693 Page 89 89 1. Non-Residential Building Entries. The following standards apply to all ground floor, non-residential portions of a street- or publicly accessible open space-facing elevations of a building. For non-residential uses, the primary entrance of a building is defined as the door or doors which provide public access to a lobby or ground floor occupancy. i. Primary entries shall be directly accessible from the public street frontage or open space. Primary entrances that front publicly accessible open spaces shall have direct sightlines and a path of continuous and unobstructed pedestrian access to street frontage. ii. Primary non-residential use entrances shall not be located adjacent to an alley, parking, or service driveway. iii. For lobbies, a recess or projection shall have a minimum of four feet depth to delineate the building lobby from the balance of the facade. 2. Residential Building Entries. The following shall apply to the ground floor residential portions of street- or publicly accessible open space-facing facades of residential buildings or residential portions of a mixed -use building. For residential uses, the primary entrance of a building is defined as a door or doors that provide primary access to a ground-floor residential lobby and/or individual entries are permitted for private residential units. Residential buildings lobbies shall be located at the ground floor and accesses directly from public street frontage or publicly accessible open space. Primary entrance(s) that front publicly accessible open spaces shall directly have sightlines and path of continuous and unobstructed pedestrian that’s accessible to the street frontage. i. Entries shall be unique and identifiable and shall incorporate at least one of the following design features: canopy, marquee, portico, or other form of weather protection. ii. Primary entries are prohibited from alleys, driveways, at-grade parking lots, or parking structures. iii. Individual residential entries are permitted to be accessed directly from the street frontage subject to a minimum walkway, ramp, and/or stairs width of four feet for single unit entries. iv. Entry porches, stoops, and terraces, not including stairs, shall be a minimum of 20 square feet. FE. 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. GF. 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 G. Roof Appurtenance and Mechanical Equipment Screening. All roof appurtenances including, but not limited to, air conditioning units, roof access ladders, and mechanical equipment shall be located 289 Resolution No. PC-2023-693 Page 90 90 below the lowest roof parapet that exists on the building to ensure that it is fully screened from view from on-site parking areas, adjacent public streets and adjacent residentially zoned property. When ground- mounted mechanical equipment is used including, but not limited to heating and air conditioning units, such equipment shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the community development director and building official. IH. 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. and mirror finish. J I. Onsite residential amenities. Multi-family residential developments, consisting of 10 or more units, shall provide the following: 1. Onsite recreational and personal amenities that equal at least 100 square feet per residential unit. Such amenities may include, but are not limited to swimming pool, playground, fitness room, community room, bbq area, outdoor seating area within a landscaped area, or other amenity as approved by the entitlement review body. Walkways and general landscape areas are not considered part of onsite residential amenities. 2. Onsite publicly accessible recreational facilities equal to at least 15% of the project’s lot area, but shall not be required to exceed 10,000 square feet. Space shall be contiguous and maintain a width of at least 15 feet. This area shall be privately maintained by the owner(s) of the residential development, but shall remain publicly available at all times and located along a publicly accessible right of way or property. Publicly accessible amenities are intended for public gathering, play structures, bbq area, landscaped seating areas, or other amenity as approved by the entitlement review body. K J. Additional onsite residential features required for all multi-family residential developments shall include: 1. Onsite laundry facilities available to all residents. Laundry facilities may be provided in a common laundry room or within each residential unit. 2. Enclosed, secure, locking storage area of at least 100 square feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to allow for storage of personal items, such as bicycles, tools, outdoor furniture, etc. 3. Private or semi-private outdoor patio, porch, yard or other private or semi-private space shall be provided to each residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities such as outdoor dining, cooking or gathering, and shall be accessible directly from the residential unit. Deviations from the requirement 1-3 above may be considered by the Community Development Director where strict conformance is infeasible. 17.24.065 Inclusionary Housing Requirements The purpose of this section is to enhance the public welfare by establishing policies which require the development of housing affordable to households of Extremely Low, Very Low, Low, and/or Moderate Incomes, meet the City's established regional share of housing needs, and implement the goals and objectives of the General Plan and the Housing Element. 290 Resolution No. PC-2023-693 Page 91 91 A. Applicability. The provisions of this Chapter shall apply to all Residential Development, as defined in subsection A of this section, except for any Residential Development determined to be exempt under 17.24.065(C) of this Chapter. B. Exceptions. The requirement to construct housing shall not apply to the following: 1. Projects that are not Residential Developments as defined in 17.24.065(A). 2. Residential developments of 9 or less residential units. Adjacent projects that are on separate parcels but collectively equal 10 or more dwellings and are held by the same owner are not exempt, unless permitted more than one year apart. Payment of in-lieu fees as defined in section 17.24.065(G) of this chapter applies. 3. A 100% affordable housing project. 4. Units approved as accessory dwelling units or junior accessory dwelling units. 5. Residential Development project using Density Bonus which meets or exceeds the affordability of 15% of units. C. Inclusionary Housing Requirements. All new Residential Developments of 10 or more Dwelling Units shall include Inclusionary Units. Calculations of the number of Inclusionary Units required by this Section shall be based on the number of Dwelling Units in the Residential Development, excluding any Density Bonus Units, ADU’s or Junior ADU’s. Unless otherwise exempted or excepted from this Chapter, Residential Developments shall construct Inclusionary Units upon the same site as the Residential Development. D. Number of Inclusionary Units Required for For-Sale Residential Developments. For-Sale Residential Development projects of 15 or more Dwelling units shall provide 15% of the total units of a Residential Development and satisfied by designating 7% for Low Income Household and 8% for Moderate Income Household. For residential developments of between 10 and 15 units, a single inclusionary unit shall be required and can be either very low or low income. E. Number of Inclusionary Required for Rental Residential Developments. Rental Residential Development projects of 15 or more Dwelling Units shall provide 15% of the total units available at 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 1.44 291 Resolution No. PC-2023-693 Page 92 92 19 15% 2.85 3 1.33 1.52 1.33 1.52 20 15% 3.00 3 1.40 1.60 1.40 1.60 21 15% 3.15 3 1.47 1.68 1.47 1.68 22 15% 3.30 3 1.54 1.76 1.54 1.76 23 15% 3.45 3 1.61 1.84 1.61 1.84 24 15% 3.60 4 1.68 1.92 1.68 1.92 25 15% 3.75 4 1.75 2.00 1.75 2.00 26 15% 3.90 4 1.82 2.08 1.82 2.08 27 15% 4.05 4 1.89 2.16 1.89 2.16 28 15% 4.20 4 1.96 2.24 1.96 2.24 29 15% 4.35 4 2.03 2.32 2.03 2.32 30† 15% 4.50 5 2.10 2.40 2.10 2.40 *The re additional unit shall be either Eextremely Llow or Vvery Llow Iincome. †Projects greater than 30 units shall apply the unit percentage requirement and affordability ratios from Section 17.24.065 E, even though not calculated and shown in Table 1. F. Fractional Units. In computing the total number of Inclusionary Units required in a Residential Development, fractions greater than one-half (1/2) shall be rounded up to the next highest whole number, and fractions of one-half (1/2) or less than one-half (1/2) shall be rounded down to the next lowest whole number. G. In-Lieu Fee Compliance Alternative. Inclusionary housing requirement may be satisfied by the payment of a fee to the City in lieu of constructing the inclusionary units within the Residential Development, provided that such fee is received by the City prior to the issuance of the building permits for the first market rate unit in the Residential Development, or as described in the project’s conditions of approval. The amount of in-lieu fees shall be established by the City Council in its annual resolution establishing municipal fees and charges, or as established otherwise by resolution of the City Council, and may include in the fee the actual estimated costs of administration and the estimated cost of increases in the price of housing and construction from the time of payment of the in- lieu fee to the estimated time of provision of the Inclusionary Units by the City. If in the case an in-lieu is not established or does not exist at the time of building permits issuances, the City Manager shall substitute another construction cost index or require the applicant to submit a cost estimate with the total in-lieu fee to be approved by City Council. The automatic fee adjustment, as modified by the City Council, will occur when the city conducts its annual update of the municipal fee schedule. H. Inclusionary Fee Fund. The in-lieu fees collected shall be deposited into an affordable housing inclusionary fund. The fund shall be used exclusively for the provision of affordable housing and for reasonable costs associated with the development, maintenance and oversight of such housing. The fund includes in-lieu fees as well as other funds available to the city for exclusive use for the provision of affordable housing. I. Standards of Inclusionary Units. 1. Inclusionary units shall be dispersed evenly throughout the project. 292 Resolution No. PC-2023-693 Page 93 93 Inclusionary units shall be comparable and equivalent in square footage to the market rate units in 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. 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 sales, stand-alone. • 17.28.090—17.28.110 Reserved. • 17.28.120 Temporary filming. • 17.28.130 Outdoor sales and services—Temporary. • 17.28.135 Outdoor dining. • 17.28.140 Christmas tree sales. • 17.28.150 Temporary buildings during construction. • 17.28.160 Storage of building materials—Temporary. 293 Resolution No. PC-2023-693 Page 94 94 • 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) as defined in Section 17.08.010 of this title, requires approval of a zoning clearance, and compliance with Government Code Sections 65852.150 - 65852.26 (as may be amended from time to time by the State of California) and applicable development standards identified in Zoning Code Chapter 17this Chapter. all of the following standards and requirements: a. An ADU is only permitted on a residentially zoned lot that has one (1) single-family dwellingthat allows single- or multifamily dwellings, and the lot conforms to the minimum lot width, depth and size of the zone in which it is located. Construction of the single-family dwelling and ADU may occur concurrently, but the single-family dwelling must be completed before the ADU may be occupied. b. Once the ADU is constructed, the property owner must occupy either the primary residence or the ADU. A covenant shall be recorded in the county clerk’s office declaring that the property owner must occupy either the primary residence or the ADU. c. An attached ADU must not exceed fifty percent (50%) of the floor area of the existing single-family dwelling or one thousand two hundred (1,200) square feet, whichever is less. d. A detached ADU shall be limited to the following gross floor area: Lot Size Maximum Unit Size in Square Feet Gross Floor Area Under 1 acre 800 1 acre or greater 1,200 e. No more than one (1) ADU is allowed on each lot with an existing single-family dwelling. f. The ADU cannot be sold as a separate unit, but it may be rented. If the ADU is rented, a lease length of more than thirty (30) days is required. If the property owner chooses to occupy the ADU and rents the primary residence, a lease length of more than thirty (30) days is required. g. Establishment of an ADU cannot create or increase a nonconforming use or structure. h. The minimum front yard setback and street side yard setback for an ADU is the same as the underlying zone or the requirements of an approved residential planned development (RPD) permit, whichever is applicable to the lot. The minimum interior side yard setback and rear yard setback for an ADU is fivefour (45) feet. An ADU that is constructed above an existing garage must have a minimum setback of five (5) feet from the side and rear lot lines. No minimum zoning setback is required for an existing garage that is converted to an ADU or a portion of an ADU, but it must comply with all applicable 294 Resolution No. PC-2023-693 Page 95 95 building and fire codes. A minimum of four hundred (400) square feet of landscaped area (including uncovered patios but not including areas within required setbacks) must be maintained in the rear yard. i. Architectural design of the ADU must be compatible with the existing single-family dwelling with building form, height, roof style and pitch, materials, color, and architectural details consistent with the existing single-family dwelling. The roof material used for the ADU must be equal to or of higher quality than that used for the existing single-family dwelling. j. The ADU must not exceed two (2) stories and must be no taller than twenty-four (24) feet in height, except when incorporated into the existing floor area of the existing single-family dwelling, in which case the ADU must not exceed the height of the existing single-family dwelling. k. The only accessory structures that may be attached to, or share a common wall with, a detached ADU are a garage or carport. l. The following parking standards shall apply: (i) One (1) parking space is required for the ADU. This required parking is in addition to the required parking for the existing single-family dwelling on the same lot. (ii) Parking is not required for an ADU that is: (1) Located within one-half (1/2) mile of public transit (bus stop or a train station); (2) Located within a designated architecturally or historically significant district; (3) Part of the existing primary residence or an existing accessory structure (e.g., basement or garage conversion); (4) Located within one (1) block of a car share vehicle; or (5) Located in an area where the city requires on-street parking permits but does not offer the permits to the ADU occupants. (iii) Each required off-street parking space for the ADU must be an unobstructed minimum of nine (9) feet wide by twenty (20) feet long with a minimum ten (10) foot wide driveway. The parking space and driveway must be paved. Required parking for the ADU can be covered, uncovered, tandem within a garage or driveway, or provided by the use of a mechanical automotive parking lift within a garage structure. No setback is required for tandem parking within an existing driveway, but the parking space must be entirely on the lot on which the existing single-family dwelling and ADU are located. (iv) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of 295 Resolution No. PC-2023-693 Page 96 96 an ADU, or converted to an ADU, the local agency shall not require that those offstreet parking spaces for the primary unit be replaced. m. The community development director may approve the use of a mobile home or a manufactured house on a fixed foundation as an ADU, if the design is compatible with the existing single-family dwelling and the surrounding community, and when it is in compliance with all of the mobile home and manufactured housing standards of subsection C of this section. n. Notwithstanding any other provision of this section, an ADU that complies with replacement parking provisions of subsection (l)(4) of this section and satisfies all of the following requirements shall be approved ministerially with a zoning clearance and building permit: a. It is located on a lot zoned single-family residential; b. It is the only ADU on the lot; c. It is contained within the existing space of an existing residence or accessory structure; d. It has independent exterior access; and e. It has side and rear setbacks sufficient for fire safety. H. Two-Unit Residential Developments 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, R-1, and R-O 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. C. Requirements. A. 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; 296 Resolution No. PC-2023-693 Page 97 97 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. B. Eligibility. A parcel is not eligible for a two-unit development if the project would require demolition or alteration of: a. 1. More than 25% of the exterior walls of a unit that is occupied by a tenant or has been occupied by a tenant at any time in the previous three years; b. 2. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; c. 3. Housing that is subject to any form of rent or price control; and d. 4. A parcel containing a unit that was withdrawn from the rental market through an Ellis Act eviction at any time in the last 15 years. 5. D. Development standards. Development pursuant to this Chapter shall comply with the following: a. 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. 297 Resolution No. PC-2023-693 Page 98 98 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. B. Parking. One on-site covered parking space shall be required per unit. a. 1. This requirement may be satisfied by an attached or detached carport or enclosed garage. b. 2. Exceptions. No on-site parking shall be required when: i. a. The site is located within one-half mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code; ii. b. The site is located within one-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or iii. c. The site is located within one block of a permanently established car-share vehicle pick-up/drop-off location. c. 3. Required parking spaces shall comply with the applicable standards of Chapter 17.32 (Off-Street Parking Requirements). 7. C. Setbacks. a. 1. The interior side yard and rear yard setbacks for two-unit developments shall be four feet. b. 2. The front yard and street side yard setbacks for two-unit developments shall be as required by the Zone. c. 3. Additional setbacks shall not be required for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint). d. 4. Notwithstanding the above, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet Building Code safety standards and are sufficient to allow separate conveyance. 8. D. Additional requirements for two-unit developments. a. 1. Unless otherwise specified in this Chapter, all development standards applicable to the construction of a single-family dwelling shall apply to two-unit developments, including but not limited to: i. a. Building height; ii. b. Number of stories; and iii. c. Lot coverage. 9. 2. Applicable Chapters. The requirements of the following Chapters of this Title shall apply to two-unit developments: a. a. Chapter 17.20 – Uses by Zone; b. b. Chapter 17.24 – Development Requirements; c. c. Chapter 17.28 – Standards for Specific Uses; 298 Resolution No. PC-2023-693 Page 99 99 d. c. Chapter 17.30 Lighting Regulations; and e. d. Chapter 17.32 – Off-Street Parking Regulations., 10. 3. All other development standards contained within the Moorpark Municipal Code. 11. E. The application of any development standard that would physically prevent the development of at least two primary dwelling units of at least 800 square feet shall be waived. No Variance or other discretionary action shall be required. 12. F. 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. A. Privacy. i. a. A minimum separation of 10 feet shall be provided between any detached dwellings on the site. ii. b. Windows within 30 feet of a neighboring structure on another parcel shall not directly align with the windows of the neighboring structure. iii. c. Upper story unenclosed landings, decks, and balconies that face or overlook an adjoining property shall be located a minimum of 15 feet from the interior lot lines. b. B. Building height. Where any portion of the proposed construction consists of two stories or exceeds 16 feet in overall height, upper floors and the portions of the structure exceeding 16 feet in height shall comply with the minimum required setbacks of the underlying zone. c. C. Materials. i. a. On sites already developed with an existing residential unit, the new construction shall be designed and constructed to match the existing dominant roof pitch, paint color and exterior finish materials, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings. ii. b. Where no development currently exists or where existing development is to be removed, two-unit developments shall be designed so that the units match one another in dominant roof pitch, paint color and exterior building finishes, including but not limited to siding, windows, doors, roofing, light fixtures, hardware, and railings. iii. c. Design elements and detailing shall be continued completely around the structure. Such elements shall include but not be limited to window types and treatments, trim detailing, and exterior wall materials. iv. d. Window and door types and styles shall be consistent on all elevations. v. e. All vents, downspouts, flashings, electrical conduit, etc., shall be painted to match the color of the adjacent surface unless specifically designed as an accent material. vi. f. Exterior building lighting shall be directed downward, have a shielded light source, and be designed so that the light is not directed off site. 299 Resolution No. PC-2023-693 Page 100 100 d. D. Landscaping. i. a. Front and street side yard areas shall be fully landscaped pursuant to the requirements of Chapter 15.23 (Water Efficient Landscape Ordinance) and the City’s Landscape Standards and Guidelines. ii. b. A minimum of one 24-inch box tree of a broadleaf or evergreen species shall be provided on site per unit constructed. Palm trees or invasive trees shall not be considered to satisfy this requirement. iii. c. Complete landscaping and irrigation plans shall be submitted to the Planning Division prior to the issuance of building permits. iv. d. Installation of approved landscaping shall be completed prior to release of final occupancy. e. F. Additional requirements. A. Short-term rentals. i. a. Units created pursuant to this Chapter shall be rented or leased for a term longer than 30 days. ii. B. Owner occupancy. a) 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) b. A deed restriction shall be recorded on title to the subject property binding current and future owners to this requirement. c) 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. C. Nonresidential uses. Except for permitted home occupations and garage sales pursuant to Chapter 17.28.020(B), non-residential uses shall be prohibited. 14. G. Noticing. a. 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. B. The notice shall be mailed to the last known name and address of such owners as shown on the latest available equalized assessment roll of the County Assessor. C. Location map. . D. The notice shall identify: i. a. The address and location of the property; ii. b. The nature of the proposed construction; iii. c. The anticipated start and end dates of construction; iv. d. Contact information for the Community Development Department; and v. e. The following statement: "This Notice is sent for informational purposes only and does not confer a right on the noticed party or any other person to 300 Resolution No. PC-2023-693 Page 101 101 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. E. The notice shall be sent no fewer than 14 days prior to the issuance of a building permit for the proposed two-unit development. 15. H. Variances. a. A. No variances from the provisions of this Chapter shall be permitted. b. B. Waiver of any development standard necessary to permit the minimum amount of development authorized by California Government Code § 65852.21 shall not require the granting of a Variance or any other discretionary approval. I. Severability. If any provision of this ordinance or chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this ordinance or chapter which can be implemented without the invalid provision or application and to this end the provisions of this ordinance and chapter are declared to be severable. 17.28.030 Standards relating to animal keeping. A. General Provisions. The standards in this section shall apply to animal keeping or animal usage in residential, agricultural and open space zones for the personal use or pleasure of the residents of the property where the animal is kept. Any animal not specifically classified in Table 17.28.030B shall be classified by the community development director based upon the director’s written determination of similarity to animals listed in Table 17.28.030B. These regulations do not apply to animals used to provide a service to individuals with a disability, assist the blind, such as seeing-eye dogs and miniature horses. All animal keeping must be in compliance with Title 6 of the Moorpark Municipal Code. C. In case of an emergency, with the approval of an admirativeadministrative 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 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; 301 Resolution No. PC-2023-693 Page 102 102 3. The Applicant has provided a fire prevention and evacuation plan detailing strategies to safeguard the property, structures and animals from fire hazards and evacuate all animals to safety in the event of a fire; 4. The Applicant has provided a care plan detailing that a licensed veterinarian will be available at all times to provide care to the animals and available to respond to medical emergencies; and 5. The Applicant has provided plans for the proposed facility that are adequate to safeguard the animals from natural predators and ensure that they will be confined to the property. Table 17.28.030B ANIMAL KEEPING 302 Resolution No. PC-2023-693 Page 103 103 Type of Animal or Animal Usage (see Note B for example calculation) Minimum Lot Size Maximum Number per lot area (A) Zoning 1. Apiculture 51 acres No maximum. O-S, A-E, R-E, R-A, R-O, R-L, R-1 2. Aviary for domestic birds (see Section 17.28.030(A)(5)) 5 acres No maximum. O-S, A-E, R-A, R-E 3. Domesticated cats and 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 RPD, TPD, b. Multiple-family dwellings n/a Any combination of 2. RPD, 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. 2 per 20,000 sq. ft. plus 1 additional animal for each 5,000 sq. ft. up to 1 acre. For >1 acre, 1 additional animal per each acre. Lots measuring one acre or less may have 1 animal per 10,000 sq. ft., up to a maximum of 5 animals. Lots measuring > 1 acre may have 1 additional animal per additional acre. 1 per 15,000 sq. ft. of lot area O-S, A-E, R-A, R-E, R-O, RPD*, SP*C 5. Fowl (peacocks and pea hens are not permitted) a. Chickens, ducks and game hens 10,000 sq. ft. 10 per 10,000 sq. ft. O-S, A-E, R-A, R-E, R-O ab. Chickens, duck, and game hensA 6,000 sq. Ft. 3 per 6,000 sq. ft 1 per 2,000 sq. ft. O-S, A-E, R-A, R-E, R-L, R-E, R-O, R-1, R-2, R-3 b. Roosters and guinea fowlA 20,000 sq. ft. 41 per 205,000 sq. ft. O-S, A-E, R-A, R-E, R-O 303 Resolution No. PC-2023-693 Page 104 104 Type of Animal or Animal Usage (see Note B for example calculation) Minimum Lot Size Maximum Number (A) Zoning 6. Kennels and catteries (see Table 17.20.050(A)(6) for additional limitations) Minimum lot size of the zonen/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 and not kept as pets 20,000 sq. ft. 10 per 20,000 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, R-O 8. Small animals not kept as pets such as rabbits, chinchillas small birds not otherwise classified, non- poisonous reptiles, and other animals of similar size as determined by the community development director which are bred for saleA and not kept as pets 20,000 sq. ft. 10 per 20,000 sq. ft. (up to 22 animals) plus 2 additional animals for each 5,000 sq. ft. up to 1 acre. For >1 acre, 2 additional animal per each acre. O-S, A-E, R-A, R-E, R-O 9. Small animals kept as pets excluding domesticated cats and dogs but including and not limited to rabbits, chinchillas, sheep, goats, pigmy/pygmy goats, pigs, pot-bellied pigs, and miniature horses which are not bred for saleA and are kept as pets 10,000 sq. ft. 13 per 10,0003,333 sq. ft. plus 1 additional animal for each 5,000 sq. ft. up to(up to 13 animals per 1 acre). For >1 acre, 1 additional animal per each acre. O-S, A-E, R-A, R-E, R-O 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 Minimum lot size of the zonen/a 41 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-O, R-1, R-2, R-3, TPD 304 Resolution No. PC-2023-693 Page 105 105 101. Veterinary facilities including, but not limited to, hospitals for large and small animals and surgical offices (see Tables 17.20.050(A)(2) and 17.20.060(C)(4)(a) and (b) for additional limitations) Minimum lot size of the zonen/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-2 112. Wild animals 1 acre By conditional use permit. O-S, A-E, R-E, R-O Notes: A. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (cats and dogs, four (4) months; equine, bovine or cleft-hoofed animals, twelve (12) months). B. For example, if you have a twenty thousand (20,000) square foot lot in the RE zone, you would be able to have two (2) equine, bovine or cleft-hoofed animals, plus twenty (2010) chickens or ducks or game hens, or combination thereof, plus four (4) roosters or guinea fowl or combination thereof, plus ten (10) small animals such as rabbits, plus six (6) sheep or other small animals, plus any combination of four (4) domesticated dogs or cats. C.* Equine animals, such as horses, or ponies, mules, and burros, are allowed in RPD and SP zones only in locations specifically designated for equestrian uses or horse keeping as part of the residential planned development permit or specific plan. Bovine and other cleft-hoofed animals. 17.28.060 Emergency shelters and single room occupancy unit developments. A. Emergency Shelters. 1. One (1) emergency shelter facility per lot is allowed and shall be located at least five three hundred (5300) feet from any other emergency shelter, as measured from the closest property line. Emergency shelters shall be located within one-half mile of a transit stop. 17.28.075 Community Gardens A. Size Limit. Community gardens mayshall consist of lot sizes of no more than not exceed two (2) acres. B. Performance Standards. The use of a community garden may not involve hazardous materials or processes or create offensive or objectionable noise, vibration, odors, heat, dirt, or electrical disturbance perceptible by a person beyond the lot line of the subject lot. C. Operating Standards. 1. Site usersProperty owners must have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, and security requirements. 305 Resolution No. PC-2023-693 Page 106 106 2. Site must have a garden coordinator to perform the coordinating role for the management of the community gardens and to liaise with the City 3. Site must assign garden plots in a fair and impartial manner according to the operating rules established for that garden. 4. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on file with the Community Development Department. 5. The land shall be served by a water supply sufficient to support the cultivation practices used on the site. 6. The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property. 7. All seed, fertilizer, and animal feed shall be stored in a sealed, rodent proof container and housed within an enclosed structure. 8. To the extent permitted under federal and state law, site users must use organic and sustainable growing practices.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 from the garden or gardeners shall be stored at least 10-feet from any property line and in a manner that is not visible from adjacent property or offsite, (shielded from view by shrubbery or an enclosure), controls odor, prevents infestation, and minimizes runoff into waterways and onto adjacent properties. Waste shall be collected regularly by the municipality. Gardeners shall ensure that waste containers are placed in specified location to assist municipality in waste removal. E. Farm Equipment. Use of mechanized farm equipment is not permitted except to initially to prepare the land for agriculture use. F. Animals and Beekeeping. Community gardens shall be subject to the animal and apiculture allowances and requirements included within 17.28.030(A)(4). 17.28.135 Outdoor dining. The standards in this section shall apply to outdoor dining in permitted zones in Table 17.20.060, associated with a permitted restaurant or food establishment. 1. The proposed outdoor dining will not constitute a nuisance to adjacent properties, adjacent businesses, nor adjacent outdoor uses, and will not result in noise, odors, vibration, dust, light, nor smoke; 2. The outdoor dining area shall be maintained clean, tidy, and free of trash and food materials at all times; 3. The outdoor dining furniture shall be matching, maintain in good working order, free of rust, breaks, tears, etc.; 4. Should outdoor dining areas be enclosed by a fence, landscape planter other device, the enclosure shall be made of durable and high quality material, affixed or weighted, and maintained in a clean and tidy manner free of signs; 5. Outdoor dining furniture shall not contains signs or other advertising materials; 6. Outdoor dining areas shall be locked together or moved indoors when the associated business is closed to avoid theft and nuisance issues; 306 Resolution No. PC-2023-693 Page 107 107 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 1.10. Outdoor dining areas shall not encroach into the areas near corners of sidewalks or where crosswalks are present. This area shall be defined as a 15 foot area, beginning atnear the crosswalk or curb cuts. 17.28.270 Low-Barrier Navigation Centers. A. Purpose. The purpose of this section is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660. B. Application. A zoning clearance permit is required prior to the establishment of any low-barrier navigation center project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review or a hearing. The Community Development Director shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed. C. Development and Operational Standards. A low-barrier navigation center development is a use by-right in areas zoned for mixed -use and nonresidential zones permitting multifamily uses, if it meets the following requirements: 1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing. 2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. 3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code. 4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations. 307 Resolution No. PC-2023-693 Page 108 108 17.30.065 Design standards. D. Light poles shall not exceed twenty-five (25) feet in height in all commercial, industrial and institutional zones, except within one hundred (100) feet of residential zones, where the maximum height shall be twenty (20) feet. Light poles in residential zones shall not exceed fourteen (14) feet in height except in the RPD zone where light poles for multi-family residences may be up to twenty (20) feet in height if permitted by the city council. 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. The installation of new substandard or compact parking spaces is prohibited. I. Shared parking for commercial and industrial uses, reducing the minimum required parking spaces by up to twenty-five percent (25%) while maintaining a minimum of twenty (20) parking spaces, may be allowed by the community development director when the director has determined that due to the operational characteristics of the on-site uses, parking demands will occur at different times. K. Parking along corridorprincipal 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, Aa fraction of a space greater than one- half (1/2.5) will be counted as a whole space. Parking requirements for new uses and for expansion of existing uses fronting on High Street between Moorpark Avenue and Spring Road and Walnut Street between High Street and Charles Street are calculated under the provisions of Section 17.32.025. 308 Resolution No. PC-2023-693 Page 109 109 Use Minimum Parking Required Based on Gross Floor Area of Building (Unless Otherwise Stated) A. Agricultural 1. Wholesale nurseries, tree farms and ornamental plant farms including container plants, greenhouse, hothouse and the likesimilar uses 5 spaces for sites < 5 acres 10 spaces for sites 5 to 20 acres 20 spaces for sites > 20 acres 2. Wildlife sanctuaries As specified by conditional use permit B. Residential: Handicap Accessible parking must be provided where required by the California Accessibility Code. 1. Boarding houses and bed and breakfast inns 2 spaces in a garage plus 1 space per rented room 2. Care facilities for up to 12 persons 2 spaces in a garage 3. Dwellings, detached single-family units 2 spaces in a garage for dwellings ≤ 2,800 sq. ft.with up to 5 bedrooms 3 spaces in a garage for dwellings > 2,800 sq. ft.with 6 bedrooms 4 spaces in a garage for dwellings with 7 bedrooms 5 spaces in a garage for dwellings with 8 or more bedrooms 4. Dwellings, two-family or 2 single- family dwellings on 1 lot (not second dwellings per Section 17.28.020(G)) 2 spaces in a garage for each dwelling ≤ 2,800 sq. ft. 3 spaces in a garage for each dwelling > 2,800 sq. ft. 5. Dwellings, multiple (> 2 units)units with at least one common wall, such as a condominium, townhouse, or apartment development 1 space per unit covered in a garage or carport for each bachelor or studio unit 1.75 spaces per unit , 1 covered in a garage or carport for each one-bedroom unit (including guest parking) 2 spaces per unit, 1 covered in a garage for each unit with 2 or more bedrooms plus for all units (except studio and one-bedroom units) 0.5 spaces per unit for visitors 6. Mobile home parks 2 tandem spaces covered in a garage or carport plus 1 space for each 4 mobile homes for visitors 7. Model homes, temporary office for sale of homes or lots in subdivision where a model complex plan/temporary office complex plan 8 spaces minimum. The director may increase the standard depending upon the number of models 8. Accessory dwelling units See Section 17.28.020(G) 9. Senior housing (attached or detached) restricted to residents 55 years old and older 0.5 spaces per unit (0.25 spaces shall be in a garage or carport) C. Commercial retail and service: Handicap Accessible parking must be provided and located in accordance with California Accessibility Code. Bicycle parking at a 309 Resolution No. PC-2023-693 Page 110 110 standard of one (1) bike rack for each ten (10) vehicle spaces must be provided. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Location of bicycle and motorcycle spaces is subject to the approval of the community development director. All parking is calculated per gross floor area unless otherwise stated. 1. Adult businesses As specified by conditional use permit but no less than 1 space per 300 sq. ft. 2. Automobile/light truck/motorcycle a. Rental 1 space per 2,000 sq. ft. of display area plus 1 space per 300 sq. ft. of office b. Brakes, oil changes, tires and shock sales and installation, tune-ups 1 space per 1,000 sq. ft. of display area plus 1 space per service bay, plus 1 space per 300 sq. ft. of office c. Engine rebuilding, transmission repair, steam cleaning, auto body, painting 2 spaces per service bay plus 1 space per 300 sq. ft. for office d. Sales, service and/or parts 1 space per 300 sq. ft. of display area or office, plus 1 space per service bay e. Automobile service stations with or without mini-marts. 1 space per pump island and service bay plus 1 space per 300 sq. ft. of mini-mart 3. Building supplies 1 space per 300 sq. ft. 4. Car washes, self-service or automatic with or without automotive service stations 2.5 spaces per washing stall for self-service carwashes 1 space/20 linear feet of wash tunnel for full service car washes plus 1 space for each pump island and service bay 5. Shopping Centers (4 or more uses tenants and over 25,000 sq. ft.) 1 space per 250 sq. ft. which may be used for any combination of retail, restaurant, and office uses (existing retail centers may also have any combination of retail, restaurant, and office uses when this ratio of parking is provided; otherwise, required parking is calculated based on specific uses) 6. Cyber cafes, video/computer arcades, game rooms 1 space per 300 sq. ft. plus one1 4-space bicycle rack per 2,000 sq. ft. of floor area 7. Commercial uses not listed, unless specific parking requirements are otherwise determined by the community development director 1 space per 300 sq. ft. 8. Furniture and large appliance stores 1 space per 500 sq. ft. of display/warehousing area plus 1 space per 300 sq. ft. for office 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, 310 Resolution No. PC-2023-693 Page 111 111 conference facilities and banquet facilities shall provide the parking required for those individual uses) 10. Kennels and catteries 1 space per 300 sq. ft. of lobby or office, whichever is greater plus 1 space per employee 11. Nurseries (retail) 1 space per 2,000 sq. ft. of display area plus 1 space per 300 sq. ft. of office 12. Recreation vehicle storage yard 1 space per 300 sq. ft. for office plus one space for every 50 storage spaces 13. Rental and leasing of large equipment with/without outdoor storage and repair 1 space per 500 sq. ft. plus 1 space per 2,000 sq. ft. of outdoor storage or display area 14. Retail shops and services, except as otherwise indicated in this table, including but not limited to antiques, art supplies, auto supply, bakery, barbers, beauty salons, bicycle sales/service, book and stationary, building supplies, camera/photo, carpet sales/cleaning, cigar/cigarette sales, clothing and fabric, computer sales, copy services and supplies, day care, department and variety, dry cleaners, florist, flooring/carpet sales/service, food and market, gift and novelty, hardware, home and office furniture, jewelry, key and locksmiths, music, newsstands, pet grooming, pet supplies, pharmacy, photo/camera, pool supplies, sporting goods, small equipment rental (no outdoor storage), spa, toy and hobby, used merchandise, video/DVD/CD sales and rental, wireless sales/service and uses which the community development director determines to be similar 1 space per 300 sq. ft. 15. Retail sales in M-1 and M-2 zone limited to a maximum of 20% of gross floor area of the building in which it is located 1 space per 300 sq. ft. used for retail sales D. Eating and drinking places: Handicap Accessible parking must be provided and located in accordance with California Accessibility Code. Bicycle parking at a standard of one (1) bike rack for each ten (10) vehicle spaces must be provided. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking 311 Resolution No. PC-2023-693 Page 112 112 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: Handicap Accessible parking must be provided and located in accordance with California Accessibility Code. Bicycle parking at a standard of one (1) bike rack for each ten (10) vehicle spaces must be provided. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Location of bicycle and motorcycle spaces is subject to the approval of the community development director. All parking is calculated per gross floor area unless otherwise stated. 1. Banks and other financial institutions 1 space per 300 sq. ft. plus 1 space per Automated Teller Machine 312 Resolution No. PC-2023-693 Page 113 113 2. Laboratories: research and scientific 1 space per 300 sq. ft. 3. Professional and administrative offices including, but not limited to: accounting, advertising agencies, chiropractic, collection services, dental, direct mail marketing companies, employment agencies, engineering services, insurance, investment, medical, optical and related health services, planning services, real estate services, secretarial services, travel agencies, and uses which the Community Development Director determines to be similar 1 space per 300 sq. ft. 4. Veterinary offices and animal hospitals 1 space per 300 sq. ft. F. Manufacturing, assembly and distribution: Handicap Accessible parking must be provided and located in accordance with California Accessibility Code. Bicycle parking at a standard of one (1) bike rack for each ten (10) vehicle spaces must be provided. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Location of bicycle and motorcycle spaces is subject to the approval of the community development director. All parking is calculated per gross floor area unless otherwise stated. 1. Cement, concrete and plaster, and product fabrication As specified by conditional use permit 2. Distribution and transportation facilities As specified by conditional use permit 3. Heavy machinery repair, including trucks, tractors and buses As specified by conditional use permit 4. Manufacturing and assembly including, but not limited to appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, metal fabrication, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles, welding, and other uses which Community Development Director determines to be similar. 1 space per 500 sq. ft. 5. Warehousing and Wholesaling 1 space per 500 sq. ft. 6. Self-storage or mini-storage 10 spaces for self-storage or mini-storage 313 Resolution No. PC-2023-693 Page 114 114 7. Outdoor Storage, including, but not limited to vehicles, equipment, tools, and supplies 1 space per 1,000 sq. ft. of outdoor storage space G. Public and semi-public: Handicap Accessible parking must be provided and located in accordance with California Accessibility Code. Bicycle parking at a standard of one (1) bike rack for each ten (10) vehicle spaces must be provided. Motorcycle parking must be provided at a standard of three (3) spaces per one hundred (100) required vehicle parking spaces. Location of bicycle and motorcycle spaces is subject to the approval of the community development director. All parking is calculated per gross floor area unless otherwise stated. 1. Care facilities not in a single-family home, including adult day care facilities, Alzheimer’s day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long-term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life-threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, therapeutic day services facilities, transitional housing placement facilities, emergency shelters, and transitional shelter care facilities as defined in Division 2 of the Health and Safety Code 1 space per 2 beds plus 1 space for each 500 sq. ft. 2. Clubhouses, lodges, banquet halls 1 space per 80 sq. ft. 3. Governmental uses including, but not limited to city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities As specified by permit 4. Hospitals, including urgent care 1 space per 3 beds plus 1 space per 225 sq. ft. of office area 5. Places of religious worship, with or without schools 1 space per 80 square feet of main auditorium (sanctuary or place of worship) and classrooms plus 1 space per 300 square feet of offices 314 Resolution No. PC-2023-693 Page 115 115 6. Public and private education and training facilities including, but not limited to colleges and universities, elementary, middle and high schools, professional and vocational schools As specified by permit 7. Recreational facilities (private) with/without food services, including, but not limited to bicycle and skate parks, golf courses, gymnasiums, fitness, health spas, martial arts and dance studios, racquetball, and yoga As specified by permit 8. Theaters, amphitheaters and the likesimilar uses 1 space per 40 sq. ft. without fixed seats 1 space per 3.5 fixed seats H. Accessory and miscellaneous 1. Dwelling, caretaker for self-storage or mini-warehouse 2 spaces in a garage 2. Outdoor sales (Temporary) As specified by permit 3. Retail shops and services as listed in Table 17.20.060(A)(22) when the uses are determined by the community development director to be ancillary to the office uses of the zone 1 space per 300 sq. ft. 4. Temporary uses including, but not limited to carnivals, Christmas tree sales, circuses, festivals, movie and television production, sidewalk sales, special events, outdoor sales As specified by permit 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 (8) 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 (5) minutes. Said sign shall be a minimum size of 12 inches wide by 18 inches in height and shall be prominently displayed and visible from the loading spaces/area. 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. 315 Resolution No. PC-2023-693 Page 116 116 17.32.050 Parking space standards and striping. A. Parking Space Size. All measurements are the minimum requirements. Compact parking spaces are not allowed. Type Stall Width in feet Stall Depth in feet Comments 1. Single Family Residential - Garage 10 20 Spaces shall be in a garage and free and clear of obstructions 2. Multiple Family Residential a. Garage 10 20 Spaces shall be free and clear of obstructions b. Carport or Open 9 2019* 3. Commercial and Industrial 9 2019* 4. Motorcycle 54.5 107 5. Parallel 109 24 6. Compact 8 16 Limited to 25% of the required parking and subject to approval per Section 17.32.060 *Parking stalls may be reduced to 17 feet in depth when a two-foot landscaped planter is provided for vehicle overhang. 17.32.070 Parking lot landscaping. 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. Landscaping 316 Resolution No. PC-2023-693 Page 117 117 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. By no later than December 31, 2010, all gates for residential and nonresidential uses must meet the standards within this section. Prior to December 31, 2010, if any repairs to the gates that are in excess of fifty percent (50%) of the value of the gates, as determined by the building official of the city, must comply with the standards within this section. DC. The community development director has the discretion to require applications for any gates to be reviewed by the planning commission. 17.32.120 Recreational vehicle and trailer parking and storage standards. A. Recreational vehicle and trailer parking and storage are allowed on residentially-zoned lots when the following standards are met. For on-street parking requirements see Chapter 10.04. For the purposes of this section, “trailer” includes a towed recreational vehicle as defined in Section 17.08.010 as well as a utility trailer used to haul personal, nonbusiness property (e.g., boat trailer, motorcycle trailer). Storage implies on-site parking without moving the vehicle for more than seventy-two (72) hours. 3. If the recreational vehicle is parked or stored in the side yard, it must be adjacent to the dwelling or garage and must not extend or protrude beyond the front line of the dwelling or garage, whichever is adjacent to the parking area, and must be parked at least three (3) feet from the side property line and screened by landscape that shall not protrude, overhang or impede onto the property line. The recreational vehicle shall be screened by landscaping planted with a minimum of five (5) gallon shrubs or trees, at two (2) feet on center. The landscaping shall not protrude, overhang or impede into the three (3) foot setback. 6. In all cases the recreational vehicle(s) must be screened from view from the street by an eight (68)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: 317 Resolution No. PC-2023-693 Page 118 118 (a) The applicant shall submit a parking analysis study prepared by a professional traffic engineer registered by the State, demonstrating that the parking demands for the uses for which shared parking is requested will not conflict. The parking studyanalysis 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 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 318 Resolution No. PC-2023-693 Page 119 119 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 that should be required for the use. The parking study shall be prepared in accordance with the parking study guidelines, on file with the development services department. (b) The parking study shall address the following items: (1) Size and type of use; (2) Composition of tenants, patrons, clients, employees and visitors of use; (3) Rate of turnover of parking spaces; (4) Peak traffic and parking loads for use; and (5) Availability of public transportation, including carpools or employer-provided transportation. 5. Waiver of requirement that parking spaces be in garages - When the parking provisions of this article require that parking spaces for apartments or multi-family residential projects be provided in garages, some parking spaces may be provided uncovered or in carports, as determined by the decisionmaker on the basis of findings that uncovered parking spaces or carports will improve the appearance of the project by reducing the number of garages and creating more open vistas or landscaped or recreational areas within the project; provided, however, that despite such waiver at least one parking space shall be provided in a garage for each residential unit; and further provided that the decisionmaker may deny all or part of the requested administrative relief on the ground that the benefits of providing some or all required parking spaces in garages are more important than an improvement in the appearance of the project or an increase in open vistas or landscaped or recreational areas in the project. If administrative relief is granted to allow some parking spaces to be provided in carports, the carports shall be open on all sides, and the design and construction of the carports shall be subject to the approval of the director. C. Required findings for approval - In order to approve a request for relief from parking requirements, the decisionmaker must find that: (a) The size, location, manner, and number of spaces provided is adequate to serve the existing and proposed use(s); (b) Granting the request for relief will not result in an undue burden to adjacent properties; and (c) The request for relief is consistent with the provisions of Section 17.32.130. (d) Off-site parking shall not impact residential uses that may be adjacent to the proposed shared parking area. 319 Resolution No. PC-2023-693 Page 120 120 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 • 17.36.010 Standards for all zones. • 17.36.020 Standards for open space, agricultural and residential zones. • 17.36.030 Standards for residential planned development (R-P-D) zoneReserved. • 17.36.040 Standards for commercial zones. • 17.36.050 Standards for industrial zones. • 17.36.060 Standards for overlay and special purpose zones. 17.36.030 - Reserved 17.36.030 Standards for residential planned development (R-P-D) zone. A. The planning commissionor city council may grant a residential planned development permit (RPD) for such land in the RPD zone or other residential zone which it finds meets the requirements of this chapter. The planning commission or city council may impose such additional conditions and requirements upon an RPD permit as it finds are reasonable and necessary to carry out the purposes and requirements of this chapter. NOTE: A residential planned development permit shall be required for projects creating five (5) or more separate residential lots in the following zones: R-A, R-E, R-O, R-1, and R-2. B. The general requirements for the residential planned development zone are as follows: 1. Application. An application for an RPD permit may be filed by the owner of the property or his/her authorized agent. Such application requests shall be filed with the community development department. No application request shall be accepted for filing and processing unless it conforms to the requirements of this title, and the public hearing noticing procedures set forth in this title. The requested average number of units per acre shall be consistent with the zoning and general plan land use designation unless an application for a zone change and general plan amendment is filed concurrently with the RPD permit application. 2. Content of Applications. The content of the RPD permit application shall be accompanied by the prescribed number of copies of a project plan and such other detailed elevations, plans and other information as may be required to adequately evaluate the proposed development. For a residential subdivision project requiring an RPD permit, a tentative tract map or parcel map application shall not be 320 Resolution No. PC-2023-693 Page 121 121 complete until an application is also filed and determined complete for an RPD permit consistent with the requirements of this chapter and the provisions of this title. The project plans shall include the following information: a. A map showing division of the land for the sale of the individual property, if any; b. Existing contours at two (2) foot intervals if the existing ground slope is less than ten percent (10%) and not less than five (5) foot intervals for existing ground slopes greater than or equal to ten percent (10%). Contour intervals shall not be spread more than one hundred fifty (150) feet apart and existing contours shall be represented by dashed lines or by screened lines; c. Location of all living trees having a trunk diameter of four (4) inches or more measured at four and one-half (4½) feet above the root crown, and other major natural features shall be shown; d. Proposed automobile and bicycle access and pedestrian way locations and dimensions. Proposed off-street parking, including the location, number of stalls, dimensions and circulation system; e. Proposed loading areas, including the location, dimensions, and number of berths; f. Lot dimensions and all recorded easements; g. Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings and other uses; h. Areas proposed for commercial uses, multi- and single-family dwellings, or other uses proposed to be established within the project; i. Proposed location and elevations of buildings on land including, dimensions, the size of the structure, height, setback, materials and yard areas; j. All proposed signs and their locations, size and height; k. Proposed landscaping walls, fencing, screening, trash collections areas, and usable open space areas; l. Location and size of existing and all proposed utility lines and drainage; m. A schedule for the development if phasing is proposed; n. Tabulation of total number of acres in the proposed project and the percent thereof designated for various uses; and the number of dwelling units proposed by type of dwelling for each unit of development; o. Construction materials and colors; 321 Resolution No. PC-2023-693 Page 122 122 p. Such additional information as may be required by the director of community development, consistent with Section 65944 of the State Government Code (or any subsequent amendments to that section of the Government Code), to clarify, amplify, correct, or otherwise supplement the information required for the application, and to comply with the provisions of Division 13 (commencing with Sections 21000) of the Public Resources Code. The director may waive or modify the RPD permit application requirements, listed above, if such items are found not to be applicable to the proposed development; q. If the applicant disagrees with the application requirements enumerated herein and as determined by the director of community development, he/she may appeal the director’s decision to the planning commission within sixteen (16) days of the director’s decision before the application has been determined complete. The cost of the appeal shall be as described in the resolution establishing schedule of land development preliminary processing fee deposits. 3. Development Standards. Development standards, including but not limited to building height, minimum lot size, and setbacks for the R-P-D zone, shall be consistent with the standards and requirements set forth in this title, unless modified by the city council. For a housing development project which provides rental or ownership units for senior residents or very low or lower income households, as provided for in Chapter 17.64, development standards may be modified by the city council by an amount not to exceed twenty percent (20%). a. RPD Zone Setback Regulations. The following regulations shall apply to the RPD zone unless modified by the city council or planning commission. (Setbacks for structure not listed below shall be consistent with applicable setback requirements of the Moorpark zoning code.) b. Setbacks for Market-Rate, Single-Family Residential Projects. i. Front setback: overall average of twenty (20) feet is required for tract with a minimum setback of twenty (20) feet. The front setbacks of dwelling units shall be varied so as to provide visual variety. ii. Minimum side setback from any public street: ten (10) feet. iii. Minimum side setback on an interior lot: five (5) feet. iv. Sum of side yards on any lot: minimum of ten (10) feet. v. Minimum distance between structures that are separated by a side lot line and do not share a common wall: twelve (12) feet for single story; fifteen (15) feet for two (2) story. vi. Minimum setback from a rear lot line: twenty (20) feet for a house, ten (10) feet for an enclosed patio, ten (10) feet for an open patio cover or balcony, and five (5) feet for an accessory structure. 322 Resolution No. PC-2023-693 Page 123 123 vii. Two (2) story residences with windows facing the adjacent property shall have a minimum ten (10) foot sideyard setback (second story only) and a minimum twenty (20) foot rear yard setback from the adjacent property line. c. Reserved. d. Setbacks for Market-Rate Multifamily Residential Development Projects. i. Minimum landscaped setback of twenty (20) feet with an average landscaped setback of twenty- four (24) feet from any primary or secondary arterial street and twenty (20) feet from any collector, minor or cul-de-sac street. ii. Minimum interior yard side setback: ten (10) feet. iii. Minimum rear setback: as determined by the RPD permit. iv. In the case of RPD subdivisions involving townhouse developments, the setbacks shall be measured from the exterior property lines surrounding the project. e. Reserved. 4. RPD Zone Height Requirements. The following regulations shall apply to the RPD zone unless modified by the city council or planning commission: a. The maximum height of a single-family residence may be increased above twenty-five (25) feet, to a maximum of thirty-five (35) feet, if the sideyard is at least fifteen (15) feet. b. The maximum height for a multifamily residential structure shall be thirty-five (35) feet. c. For single-family and multifamily residential structures, no more than three (3) stories shall be permitted. d. The maximum height of accessory structures shall be fifteen (15) feet, with the exception that the maximum height of a patio cover shall be twelve (12) feet. 5. RPD Zone Minimum Lot Area. Shall be as specified by the RPD permit, consistent with the zoning designation. 6. Parking Requirements. Parking shall be provided consistent with the provisions in the zoning ordinance. 7. Reserved. 323 Resolution No. PC-2023-693 Page 124 124 8. Findings. An RPD permit may only be granted if all billed fees and charges for processing the application request that are due for payment have been paid, and if all of the following findings can be made based on factual evidence and testimony presented at the public hearing: a. Finding that the planned development is consistent with the intent and provisions of the city’s general plan, zoning code and any applicable specific plan; b. Finding that the planned development is compatible with the character of surrounding development; c. Finding that the planned development would not be obnoxious or harmful, or impair the utility of the neighboring property or uses; d. Finding that planned development would not be detrimental to the public interest, health, safety, convenience or welfare. 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. OpenOutdoor Storage. OpenOutdoor storage of materials and equipment shall be permitted in the C-P-D zone only when approved as part of an entitlement, provided that such storage area shall be completely screened from view from any adjoining property or roadway by a solid wall or fence at least six (6) feet in height and shall be appropriately landscaped and maintained in good condition. (The director of community development shall determine the actual height based upon field inspection of the site. In no case shall the stored material exceed the height of the screen wall.) 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 324 Resolution No. PC-2023-693 Page 125 125 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. D. Minimize impact on adjacent uses. To minimize adverse impacts on adjacent uses and enhance the visual characteristic of the area, all industrial uses shall adhere to lighting design standards required in Section 17.30.065 and utilize masonry walls and landscape screens as required in Section 17.24.040(F). 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 oupieces 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 not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose contain a noncommercial message or imagery. “Window sign” means any sign that is affixed to the interior side of a window and is visible from the exterior of the window, including open/closed signs. Signs placed inside a building, located at least five feet36 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; GF. Temporary freestanding noncommercial signs permitted by Section 17.40.100(E) of this chapter; 325 Resolution No. PC-2023-693 Page 126 126 HG. 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. 326 Resolution No. PC-2023-693 Page 127 127 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 327 Resolution No. PC-2023-693 Page 128 128 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. 328 Resolution No. PC-2023-693 Page 129 129 E. Temporary freestanding signs. 1. On-site signs including garage and yard sale signs (no sign permit required; posting of signs in the public rights-of-way, including on light poles, utility poles, traffic signals, street signs and sign posts, warning signs and any other signs in the public rights-of-way is prohibited) On private property and not located in the public right-of-way. Signs placed on private property require written authorization from the property owner. Dimension: Two feet by two feet (2 x 2). Height: Three (3) feet. Number: One (1). Duration: No time limit if the sign has a noncommercial message. No more than 30 consecutive days, no more than four (4) times period per year, separated by at least 30 days between postings. Garage and yard sale signs limited to sale days, maximum duration and number of sale days per year as specified in Chapter 17.28 of this title, must be removed at the close of the sale activities each day. 2. Off-site garage and yard sale signs (no sign permit required; posting of signs in the public rights-of-way, including on light poles, utility poles, traffic signals, street signs and sign posts, warning signs and any other signs in the public rights-of-way is prohibited) On private property and not located in the public right-of-way. Signs placed on private property require written authorization from the property owner. Dimension: Two feet by two feet (2 x 2). Height: Three (3) feet. Number: Six (6). Duration: Limited to sale days, maximum duration and number of sale days per year as specified in Chapter 17.28 of this title, must be removed at the close of the sale activities each day. F. Temporary real estate signs onfor properties for lease or sale. 329 Resolution No. PC-2023-693 Page 130 130 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. Temporary Open house directional signs for single-family single family sale of a residential homes (placement in the public right-of-way requires the issuance of an annual encroachment permit) (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. At least fifty (50) feet from the end of the curb return at a street corner. One (1) sign at each location. The signs shall not be fastened or attached in any way to a building, architectural element, wall or any street fixture. May be placed on or offsite, on private property, with permission of affected property owner. Placement shall not occur in the public right of way unless expressly permitted as an encroachment permit. Area: Four (4) square feet per side. Signs may be double-faced. Height: Three (3) feet. Number: Five (5). Design: Limited to displaying “Open House,” an arrow, the residence address, and business name. Illumination: None. Duration: Restricted from 7:00 a.m. to 6:00 p.m. on caravan day and on Saturdays and Sundays. Must be removed within 24 hours of placement and may not remain after the scheduled open house. 330 Resolution No. PC-2023-693 Page 131 131 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. 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. 331 Resolution No. PC-2023-693 Page 132 132 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). 332 Resolution No. PC-2023-693 Page 133 133 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. 333 Resolution No. PC-2023-693 Page 134 134 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. 334 Resolution No. PC-2023-693 Page 135 135 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. 335 Resolution No. PC-2023-693 Page 136 136 B. Centers (four or more businesses). A sign program shall be submitted to the community development director for review and approval prior to the erection of any sign. The program shall show the location, style and type of signage. The sign program shall include no more than four sign colors, excluding colors for business logos. Business logos shall count in the calculation of sign area. Projects with mixed use shall include signage for the entire site in the sign program, including commercial, residential, and other uses. (For centers with existing sign programs, conformance to the sign criteria of this subsection shall occur within twenty-four (24) months of the effective date of the ordinance codified in this chapter.) 1. Monument signs One-half (1/2) of the required front or street side setback or four (4) feet, whichever is greater. Area: Thirty-six (36) square feet per side. Signs may be double- faced. Height: Six (6) feet. Number: One (1) per street frontage. Illumination: Internal in commercial zones. Internal or external in industrial zones. Landscaping: Four (4) foot wide planter surrounding sign. 336 Resolution No. PC-2023-693 Page 137 137 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. 337 Resolution No. PC-2023-693 Page 138 138 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. 338 Resolution No. PC-2023-693 Page 139 139 C. Clocks and thermometers. Freestanding or wall- mounted On a building wall, monument or pylon sign. Area: Twelve (12) square feet and without commercial display or advertisement. Number: One (1) per street frontage. Design: Architecturally compatible to the building(s) design. Illumination: Internal. D. Drive-through restaurants. Drive-through Menu board sign Adjacent to the drive- through queue. Area: Twenty-four Sixteen (2416) square feet for each menu board. Height: Eight (8) feet. Number: Two (2). Illumination: Internal. E. Service stations. 1. Monument signs One-half (1/2) of the required front or street side setback area but no closer than four (4) feet, whichever is greater. Area: Thirty-six (36) square feet per face. Double-faced signs may be allowed. Height: Six (6) feet. Width: Six (6) feet. Number: One (1) per street frontage. Illumination: Internal. Landscaping: Four-foot by four-foot (4 x 4) planter surrounding sign. 2. Under canopy signs Shall be mounted perpendicular to the business frontage using a flexible device such as a chain or cable under the canopy. Area: Twenty (20) square feet per side. Signs may be double- faced. Height: Eight (8) foot clearance from the bottom of the sign to the walkway. Number: One (1) per business frontage. Illumination: None. F. Theater. 339 Resolution No. PC-2023-693 Page 140 140 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. 340 Resolution No. PC-2023-693 Page 141 141 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. 341 Resolution No. PC-2023-693 Page 142 142 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. 342 Resolution No. PC-2023-693 Page 143 143 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 343 Resolution No. PC-2023-693 Page 144 144 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. Temporary Open house directional signs for sale of a single-family homes residential home in mixed use zone(placement in the public right-of- way requires the issuance of an annual encroachment permit) At least fifty (50) feet from the end of the curb return at a street corner. One (1) sign at each location. The signs shall not be fastened or attached in any way to a building, architectural element, wall or any street fixture. May be placed on or offsite, on private property, with permission of property owner. Placement shall not occur in the public right of way unless expressly permitted as an encroachment permit. Area: Four (4) square feet per side. Signs may be double-faced. Height: Three (3) feet. Number: Five (5). Design: Limited to displaying “Open House,” an arrow, the residence address, and business name. Illumination: None. Duration: Restricted from 7:00 a.m. to 6:00 p.m. on caravan day and on Saturdays and Sundays. Must be removed within 24 hours of placement and may not remain after the scheduled open house. L. Real estate signs for multiple-family homes in mixed use zone Front yard or street side yard of a corner lot, provided it is a minimum of five (5) feet from the required front yard or street side yard property line. The sign shall be securely affixed to a wall, building, window, or freestanding. Area: Up to thirty-two (16) square feet per side. Signs may be double-faced. Height: Eight (8) feet. Number: One (1) per street frontage, up to a maximum of three (3) per unit. Illumination: None. Duration: These signs are not intended to be permanent and shall be restricted to only when units are available for lease or rent or sale. 344 Resolution No. PC-2023-693 Page 145 145 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. 345 Resolution No. PC-2023-693 Page 146 146 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. 346 Resolution No. PC-2023-693 Page 147 147 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. 347 Resolution No. PC-2023-693 Page 148 148 5. Projecting/hanging signs. a. Projecting or hanging signs Centered above the entrance to the business and mounted perpendicular to the business frontage. Area: Nine (9) square feet. Height: At least eight (8) feet but no higher than twelve (12) feet from the bottom of the sign to the grade below the sign. Number: One (1) per business. Copy: Eighteen (18) inch maximum letter height. Logos are encouraged. Illumination: None. Mounting: May hang over the public right-of- way with issuance of an encroachment permit. b. Barber poles On the primary business frontage as determined by the community development director. Area: Ten (10) square feet with maximum dimensions of 2.75 feet by 3.5 feet. Height: At least eight (8) feet but no higher than twelve (12) feet from the bottom of the sign to the grade below the sign. Number: One (1) per barber shop. Illumination: None. Mounting: May hang over the public right-of- way with issuance of an encroachment permit. 86. Window signs (no sign permit required and all signing shall be on the interior side of the window) Windows facing a parking area, courtyard or pedestrian passage way. Area: Twenty-five percent (25%) of the total window area. Design: No more than twenty-five percent (25%) of any window shall contain signing. Illumination: None, except for neon signs. Limitations: If window signs are used in lieu of wall signs, no temporary window signs are allowed. 97. Temporary window signs (no sign permit required) Windows facing a parking area, courtyard or pedestrian passage way. Area: Twenty-five percent (25%) of the total window area, not to exceed a total of fifty percent (50%) of the window. Duration: Fifteen (15) days per special event up to four (4) times per calendar year with at least thirty (30) days between events. Illumination: None. 348 Resolution No. PC-2023-693 Page 149 149 108. Temporary banners Banners shall be securely affixed to a building or wall and not attached to trees or posts. Area: Twenty (20) square feet. Height: No higher than the eave of the roof of the building. Duration: Thirty (30) days for grand openings. Fifteen (15) days per special event four (4) times per calendar year with at least thirty (30) days between events. 69. Under canopy signs. Under canopy signs Centered above the entrance to the business and mounted perpendicular to the business frontage. Length: Seventy-five percent (75%) of the lineal frontage of the front elevation. Height: At least eight (8) feet but no higher than twelve (12) feet from the bottom of the sign to the grade below the sign. Number: One (1). Copy: Eighteen (18) inch maximum letter height. Logos are encouraged. Illumination: None. Mounting: May hang over the public right-of- way with issuance of an encroachment permit. 710. A-frame, sandwich board signs for restaurants and theaters. A-frame signs In front of the business. If located in the public right-of-way minimum ADA requirements shall be met as well as the issuance of an encroachment permit. Area: Seven (7) square feet, maximum dimensions of 2.0 feet by 3.5 feet. Number: One (1). Design: Architecturally compatible to the building(s) design. Eighteen (18) inch maximum letter height. Logos are encouraged. Illumination: None. Mounting: Shall not be affixed to the ground. An encroachment permit is required if it is in the public right-of- way. 811. Campaign signs. 349 Resolution No. PC-2023-693 Page 150 150 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. GHG. Mobile and portable signs; HIH. Off-site signs; I. Projecting signs; IJ. Roof signs; JK. Any sign which emits sound or an odor; KL. 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; LM. Unsafe signs; MN. Signs erected or attached to any utility pole; NO. Signs erected in such a manner that they will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic; OP. Signs located in the visual clearance/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; 350 Resolution No. PC-2023-693 Page 151 151 QP. Signs attached to the exterior surfaces of windows, except as required by state or federal law and where such law preempts city regulations; PRQ. Inflatable signs and balloons in excess of two (2) feet in diameter; QSR. Hand-held commercial signs. 17.44.030 Zoning clearance. C. Zoning Clearance for Changes to Building Colorsdiscretionary development permits. For commercial, industrial, or institutional buildings originally approved prior to city council adoption of Resolution No. 2009-2799 (Standard Conditions of Approval) on March 18, 2009, a zoning clearance may be issued to approve a change in color for an existing building, structure, or other on-site improvement, provided that the community development director is able to find that the new color(s) is (are) compatible with the architectural design of the building, structure, or other on-site improvement and consistent with the original findings and conditions of approval and specific plan, if applicable. This zoning clearance authority is intended to modify any condition of approval for a planned development permit or other entitlement approved prior to March 18, 2009 requiring city council or planning commission approval for a color change. D. Expiration. Zoning clearances shall expire one hundred eighty (180) daysyear after issuance, unless otherwise indicated by the community development director on the clearance or unless the use of land or structures or building construction has commenced and is being diligently pursued, as evidenced by current inspections and/or valid building permits. 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. 351 Resolution No. PC-2023-693 Page 152 152 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. 2. Construction Building or Office. A recreational vehicle or mobile home may be used as a construction building or office at the site of a construction project for the duration of such project, for the duration of the building permit. The temporary structure shall be noted on the building permit. If located in the public-right-of way, an encroachment permit will be required. The construction recreational vehicle or mobile home shall be removed at the conclusion of the work and no later than issuance of a Certificate of Occupancy or sign off of the related building or grading permit. 3. Non-Profit Fundraising. Fundraising sales by a certified 501(c)(3) nonprofit organization may be conducted consistent with the following standards: a. Location. Located on a parcel with an approved commercial, industrial, institutional, or religious use. b. Number of Events. A maximum of six times per 12-month period, per site. c. Duration. A maximum of seven consecutive days per event. d. Obstructions. The fundraising sale shall not obstruct the right-of-way, sight distances, building or site ingress or egress, or otherwise create hazards for vehicle or pedestrian traffic. 352 Resolution No. PC-2023-693 Page 153 153 4. Catering. Mobile food vendors may operate as caterers to private events on private property when food or beverages are not sold, or offered for sale, to the general public. B. Administrative Permit (AP). An administrative permit is required prior to the initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review and approval by the community development director is required to assure compliance with the provisions of the Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural review. Notice of a pending decision on an administrative permit shall be mailed by the community development director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applicable regulations will be accepted during the period before the date of the decision. 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 be located in a mapped hazard zone. The proposed uses are compatible with existing and permitted uses in the surrounding area. C. Planned Development (PD) Permit. A planned development permit is required prior to initiation of uses and structures in a given zone as specified in Chapter 17.20 of this title where review by the planning commission and city council through a public hearing process is required to assure the project design complies with the provisions of this title and the general plan, and is compatible with neighboring properties. A planned development permit application is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures and other on-site improvements, landscaping design, neighborhood design, and permitted land uses shall be established as part of the planned development permit review and approval process. Any change to the initial permitted land uses shall require a modification consistent with the requirements of Section 17.44.100 of this chapter, except as permitted by Section 17.44.030(C) of this chapter. The planning commission and city council and city council (if required) shall each 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 make a written recommendation to the city 353 Resolution No. PC-2023-693 Page 154 154 council whether to approve, conditionally approve, or deny the application. The city councilplanning commission shall be the decision authority for all 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 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; 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 be located in a mapped hazard zone. The proposed uses are compatible with existing and permitted uses in the surrounding area. 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 willwould not result in an over concentration in the area of establishments selling alcoholic beverages, b. The use wouldwill serve a public convenience, c. The use wouldwill not create the need for increased police services, d. The requested use at the proposed location wouldwill not adversely affect the economic welfare of the community, and e. The exterior appearance of the structure wouldwill not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding 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: 354 Resolution No. PC-2023-693 Page 155 155 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 ten twenty percent (210%) for maximum building coverage, sign area or sign height; 17.44.050 Amendments to the general plan, specific plans, zoning map and zoning code. C. Pre-Screening. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) of this section shall only be accepted following successful completion of a pre-screening application review as established by resolution of the city council.during the following submittal cycle schedule: 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. 355 Resolution No. PC-2023-693 Page 156 156 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. F. 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. ED. 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. E. Findings. The City Council shall make the following findings for amendments to the general plan, specific plans, zoning map or zoning code: 1. The proposed amendment is deemed to be in the public interest. 2. The proposed amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected. 3. The potential impacts of the proposed amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare. 4. The proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA). F. Filing Applications. Applications for general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) shall submit an application consistent with the requirements outlined in Chapter 17.44 of the Municipal Code. G. Public hearing procedures. Hearings associated with general plan, specific plan, or zoning amendments proposed pursuant to subsection (B)(1) and (B)(2) shall adhere to the public hearing procedures outlined in Section 17.44.070 of the Municipal Code. H. In accordance with Municipal Code Section 17.44.060, no resubmittal of a substantially similar application may be made for one (1) year after a denial decision for a general plan, specific plan or zoning amendment. I. City Council approvals of general plan, specific plan, or zoning code pre-screening applications are valid for two years from the date of approval., by which an application for the general plan, specific plan or zoning amendment must be filed and deemed complete. 356 Resolution No. PC-2023-693 Page 157 157 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 onetwo (21) years from the date of approval unless the use is inaugurated in accordance with this title and the application conditions. The applicant is solely responsible for the timely renewal of any application. The city has no obligation to notify the applicant of the imminent expiration of the application. An application for a time extension shall be filed with the community development director at least ninetythirty (390) calendar days prior to the date of expiration. The time extension application shall be filed on the forms supplied by the community development director and shall be accompanied by the submittal requirements specified by the director and the appropriate filing fee. The time extension process shall conform to the process for the original permit or exception identified in 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 ten percent (2010%) increase or decrease in floor area but not more or less than ten five thousand (105,000) square feet, respectively; b. A maximum of twenty ten percent (2010%) increase or decrease in the area or height of walls, fences or similar structures used as screening; c. A maximum of twenty ten percent (1020%) increase or decrease in provision for landscaping or similar standards or dimensions; 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 planned developmentlow (R-LPD) 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. 357 Resolution No. PC-2023-693 Page 158 158 Chapter 17.76 RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE (RPD 20U-N-D) • 17.76.010 Purpose. • 17.76.020 Definitions. • 17.76.030 General provisions. • 17.76.040 Application procedures and consistency determinations. • 17.76.050 Development standards. • 17.76.060 Fees. 17.76.010 Purpose. The purpose of this chapter is to set forth development regulations and standards, which have been established to provide criteria for the development of the properties within the residential planned development twenty (20) units to the acre (RPD20U-N-D) zone to allow for development of affordable multi-family housing as a permitted use and not subject to discretionary review or approval, and to provide adequate separation for light, air, safety, and open space as well as to provide an aesthetically pleasing environment in which to live, work and recreate. Implementation of the regulations and standards set forth in this chapter are intended to ensure that future development is coordinated and consistent with the goals and policies of the downtown specific plan and the city’s general plan, specifically the housing element. The standards contained in this chapter provide for the arrangement, development, and use of multifamily residential neighborhoods, open space areas, and recreational sites. Application of these regulations and standards is intended to encourage the most appropriate use of the land, create a harmonious relationship among land uses, provide opportunities to construct affordable housing and protect the health, safety, and general welfare of the community. 17.76.020 Definitions. Words and terms used in this chapter shall have the same definitions as provided in Chapter 17.08 of this Title 17. 17.76.030 General provisions. A. The provisions of this chapter shall control development in the RPD20U-N-D zone and shall prevail over any conflicting provisions in other portions of the Moorpark Municipal Code. B. All land use entitlements and permits issued within the RPD20U-N-D zoning area shall be consistent with the city’s general plan, as amended. C. The director of community development shall have the power to interpret the regulations and standards applicable to the RPD20U-N-D zone. D. Procedures for the processing of land use entitlements for the RPD20U-N-D zone shall be the same as defined in Sections 17.44.060 and 17.76.040 of this code. 358 Resolution No. PC-2023-693 Page 159 159 17.76.040 Application procedures and consistency determinations. A. Planned Development (PD) Permit. A PD permit is required prior to initiation of uses and structures in the RPD20U-N-D zone, as specified in Chapter 17.20 of this title. A PD permit application is subject to compliance with the development standards of the RPD20U-N-D zone and shall be a permitted use not subject to discretionary review or approval if determined to be in compliance with the development standards of the RPD20U-N-D zone. The planning commission shall hold at least one (1) public meeting on any PD permit application in this zone. A PD permit shall be approved by resolution if the planning commission determines that: 1. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, satisfies the objective requirements of the general plan, zoning ordinance, and any other applicable ordinances, or federal or state regulations; and 2. The project complies with the development standards in this chapter. B. The procedures for appeals and modifications of a PD permit application under this chapter shall be in accordance with the procedures set forth in Chapter 17.44 of this code. C. A PD permit shall expire one (1) year from the date of its approval by the planning commission unless the use has been inaugurated by issuance of a building permit. The community development director may, at his or her discretion, grant up to two (2) additional one (1) year extensions for use inauguration of the PD permit, if there have been no changes in the adjacent areas and if the applicant can document that he or she has worked diligently towards use inauguration during the initial period of time. The request for extension of this PD permit must be made in writing, at least thirty (30) days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. D. Zoning Clearance. Pursuant to Section 17.44.030(B)(1) of this title, a zoning clearance review and approval by the community development director shall be required before a building permit may be issued for any development in the RPD20U-N-D zone. E. The failure of the owner to develop and maintain property in the RPD20U-N-D zone in compliance with this chapter, and the PD permit shall subject the owner to nuisance abatement requirements of this code and state law. The applicant shall be liable to the city for any and all costs and expenses to the city required to abate the nuisance and obtain compliance with the project approvals or applicable codes. If the applicant fails to pay all city costs related to this action, the city may enact special assessment proceedings against the parcel of land upon which the nuisance existed, pursuant to Chapter 1.12 of this code. 17.76.050 Development standards. 1. Minimum lot area: three-quarters (0.75) of an acre (thirty-two thousand six hundred seventy (32,670) square feet). 359 Resolution No. PC-2023-693 Page 160 160 2. Density: twenty (20) units per acre with a minimum of sixteen (16) units per site. Section 17.64.030(B) (2) and (3) allowing for a density bonus exceeding the density bonus required by state law shall not apply to the RPD20U-N-D zone. 3. Building Setbacks. a. Front Setback. Minimum landscaped setback of twenty (20) feet and architectural façade projections of up to sixteen (16) inches are allowed for non-livable spaces; with a minimum driveway depth of twenty (20) feet, as measured from front property line across area leading to enclosed parking within a garage; any two (2) adjacent lots may have the same front setback; however the third consecutive lot should vary the front setback by one (1) or more feet, as appropriate to the street and lot configuration, and to provide for variety in the streetscape. b. Side Setback. Minimum for a multiple-family dwelling unit on an interior lot shall be five (5) feet. Minimum for a multiple-family dwelling unit adjacent to a street is fifteen (15) feet. Minimum for a single story enclosed patio, patio cover or detached accessory structure shall be five (5) feet. c. Rear Setback. Minimum for a multiple-family dwelling unit is fifteen (15) feet, and second story floors, and/or architectural projections, may cantilever a maximum of eighteen (18) inches into the minimum required fifteen (15) foot setback. For single story enclosed patios or open patio covers, carports, or for detached accessory structures, the minimum required rear setback is five (5) feet. d. Mechanical Equipment. Must be located in the rear yard with a minimum five (5) foot setback from any side or rear property line and must be screened with a decorative masonry wall or landscaping; or must be located below the lowest parapet roof so equipment will not be visible from off-site, subject to criteria under subsection 18, roofs, below. 4. Maximum Building Height. a. Thirty-five (35) feet for dwelling units; b. Fifteen (15) feet for a patio cover, carport or accessory structure; c. Second story decks or balconies are prohibited within fifteen (15) feet of any property line. 5. Fences and Walls. Fences and walls shall comply with the provisions of this code, with the exception that sound attenuation walls shall be constructed to a height as required by a city-approved noise study for the residential planned development permit. 6. Lighting. Lighting shall comply with Chapter 17.30 of the city of Moorpark Municipal Code. 7. Parking. Parking shall comply with Chapter 17.32 of the city of Moorpark Municipal Code. 8. Signage. Signage shall comply with Chapter 17.40 of the city of Moorpark Municipal Code. 360 Resolution No. PC-2023-693 Page 161 161 9. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall immediately cease in the immediate area and the find must be left untouched. The applicant, in consultation with the project paleontologist or archeologist, shall assure the preservation of the site and immediately contact the community development director by phone, in writing by email or hand delivered correspondence informing the director of the find. In the absence of the director, the applicant shall so inform the city manager. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate, to recommend disposition of the site. The paleontologist or archeologist selected must be approved in writing by the community development director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 10. Paleontological Mitigation Plan. Prior to issuance of a zoning clearance for a grading permit, a paleontological mitigation plan outlining procedures for paleontological data recovery must be prepared and submitted to the community development director for review and approval. The development and implementation of this plan must include consultations with the applicant’s engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario will be through the Los Angeles County Museum of Natural History (LACMNH). All specimens become the property of the city of Moorpark unless the city chooses otherwise. If the city accepts ownership, the curation location may be revised. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the community development director. 11. Reactive organic compounds, nitrogen oxides (ozone/smog precursor), and particulate matter (aerosols/dust) generated during construction operations must be minimized in accordance with the city’s standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution health advisory has been issued, construction equipment operations (including, but not limited to, grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities must cease in order to minimize associated air pollutant emissions. 12. The applicant shall defend, indemnify and hold harmless the city and its agents, officers and employees from any claim, action or proceeding against the city or its agents, officers or employees to attack, set aside, void, or annul any approval by the city or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefor in Government Code Section 66499.37 or other sections of state law as applicable and any provision amendatory or supplementary thereto. The city will promptly notify the applicant of any such claim, action or proceeding, and, if the city should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the city or its agents, officers and employees pursuant to this development standard. a. The city may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The city bears its own attorney fees and costs; 361 Resolution No. PC-2023-693 Page 162 162 ii. The city defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant’s obligations under this development standard shall apply regardless of whether a building permit is issued pursuant to the planned development permit. 13. All facilities and uses, other than those specifically requested in the application and approval and those accessory uses allowed by the municipal code, are prohibited unless otherwise permitted through application for modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. 14. Recreational Amenities. Residential planned development permit areas on properties that have an average size of more than one and one-half (1-1/2) acre (sixty-five thousand three hundred forty (65,340) square feet) shall include private recreational amenities including but not limited to the following: restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating, and multipurpose play area field. Residential planned development permit areas on properties that have an average size of less than one and one-half (1-1/2)acre (sixty-five thousand three hundred forty (65,340) square feet) shall include private recreational amenities including, but not limited to, the following: play apparatus, picnic shelter, barbecue area with seating, and multipurpose play area field. 15. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of a structure shall match the eaves, window treatments and surrounds on the front elevation, achieving four-sided architectural compatibility with the chosen architectural style. 16. Wrap-Around Front Elevation Treatment. The architectural style and treatment included along the front elevation of a unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point, such as a chimney or window. 17. Colors. The paint colors shall be earth-toned, and match the chosen architectural style. The paint treatment must be applied along all window surrounds and parapets with varying colors, and on all wall façades of all elevations until commencement of wall planes or other architecturally feasible termination point, such as a chimney or window. Rust-inhibitive paint must be used for all exterior metal building surfaces to prevent corrosion and release of metal contaminants into the storm drain system. 18. Roofs. The roofs shall be pitched roofs covered in concrete roofing tile or equivalent with a minimum 3:12 pitch, or shall utilize decorative parapet roofing matching the chosen architectural style, that shall be no lower than the tallest roof mounted mechanical equipment. Roof-mounted equipment and other noise generation sources on-site must be attenuated to forty-five (45) decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy, whichever is greater. This shall be based on a city-approved noise study for the residential planned development that shows that the current project attenuates all on-site noise generation sources to the required level or provides recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. No exterior roof access ladders are permitted. 362 Resolution No. PC-2023-693 Page 163 163 19. Durable Materials. The trim on the ground floor levels of the structures must be constructed of durable materials, (i.e. wood window trim or one-fourth (1/4) inch minimum cementous stucco coat over foam). 20. A utility room with common access to house all meters and the roof access ladder must be provided. 21. Outdoor Facilities. Any outdoor ground level equipment, facilities or storage areas including, but not limited to, loading docks, trash enclosures, cooling towers, generators, must be architecturally screened from view with masonry wall and/or landscaping. Transformers and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1), must be screened from street view with a masonry wall and/or landscaping. 22. Trash Disposal. Trash disposal and recycling areas must be placed in locations which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins must use impermeable pavement and be designed to have a cover and so that no other area drains into it. The trash areas and recycling bins must be depicted on the final construction plans and drains from the disposal and recycling areas must be connected to the sewer system. 23. Grading, drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the latest California Building Code as adopted by the city of Moorpark and in conformance with the latest “Land Development Manual” and “Road Standards” as promulgated by Ventura County; “Hydrology Manual” and “Design Manual” as promulgated by Ventura County Watershed Protection District; “Standard Specifications for Public Works Construction” as published by BNI (except for signs, traffic signals and appurtenances thereto which must conform to the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the “Standard Specifications,” most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation). 24. Grading, drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the most recently approved “Engineering Policies and Standards” of the city of Moorpark, and “Policy of Geometric Design of Highways and Streets,” most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed herein and above, the criteria that provide the higher level of quality and safety prevail as determined by the city engineer and public works director. 25. Engineering plans must be submitted on standard city title block sheets of twenty-four (24) inches by thirty-six (36) inches to a standard engineering scale representative of sufficient plan clarity and workmanship. 26. A fifteen (15) mile per hour speed limit must be observed within all construction areas. 27. If any hazardous waste or material is encountered during the construction of this project, all work must be immediately stopped and the Ventura County environmental health department, the Ventura County fire protection district, the Moorpark police department, and the Moorpark city engineer and 363 Resolution No. PC-2023-693 Page 164 164 public works director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies. 28. The applicant and/or property owner shall provide verification to the city engineer and public works director that all on-site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Additional cleaning may be required by the city engineer and public works director depending upon site and weather conditions. 29. All paved surfaces; including, but not limited to, the parking area and aisles, drive-through lanes, on-site walkways must be maintained free of litter, debris and dirt. Walkways, parking areas and aisles and drive-through lanes must be swept, washed or vacuumed regularly. When swept or washed, litter, debris and dirt must be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 30. Prior to improvement plan approval, the applicant shall obtain the written approval on approved site plan exhibit sheets for the location of fire hydrants by the Ventura County fire prevention division. Water and sewer improvements plans must be submitted to Ventura County waterworks district No. 1 for approval. 31. Prior to any work being conducted within any state, county, or city right-of-way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the city engineer and public works director. 32. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto, as a standard requirement for construction noise reduction. 33. The applicant shall utilize all prudent and reasonable measures (including installation of a six (6) foot high chain link fence around the construction site(s) and/or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 34. The applicant shall post, in a conspicuous location, the construction hour limitations and make each construction trade aware of the construction hour limitations. 35. All grading and drainage plans must be prepared by a qualified professional civil engineer currently registered and in good standing in the state of California and are subject to review by the city engineer and public works director. Prior to or concurrently with the submittal of a grading plan the applicant shall submit a soils (geotechnical) report. 36. Grading must conform to the standards contained in Chapter 17.38, Hillside Management, of the Moorpark Municipal Code and any provision amendatory or supplementary thereto. Plans detailing the design and control (vertical and horizontal) of contoured slopes must be provided to the satisfaction of the city engineer, public works director and community development director. 364 Resolution No. PC-2023-693 Page 165 165 37. Prior to the issuance of a grading permit or final map approval, whichever comes first, the applicant shall post sufficient surety with the city, in a form acceptable to the city engineer and public works director, guaranteeing completion of all on-site and off-site improvements required by these development standards and/or the Municipal Code including, but not limited to, grading, street improvements, storm drain improvements, temporary and permanent best management practices (BMP) for the control of non-point water discharges, landscaping, fencing, and bridges. Grading and improvements must be designed, bonded and constructed as a single project. 38. Prior to the issuance of a grading permit or final map approval, whichever occurs first, the applicant shall provide written proof to the city engineer and public works director that any and all wells that may exist or have existed within the project have been properly sealed, destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per California Department of Conservation, Division of Oil, Gas, and Geothermal Resources requirements. 39. Prior to issuance of a grading permit, final approved soils and geology reports must be submitted to the city engineer and public works director. The approved final report must encompass all subsequent reports, addendums and revisions under a single cover. Where liquefaction hazard site conditions exist, an extra copy of the final report must be provided by the applicant to the city engineer and public works director and be sent by the applicant to the California Department of Conservation, Division of Mines and Geology in accordance with Public Resources Code Section 2697 within thirty (30) days of report approval. 40. Prior to issuance of the grading permit, a grading remediation plan and report must be submitted for review and approval of the city engineer and public works director. The report must evaluate all major graded slopes and open space hillsides whose performance could affect planned improvements. The slope stability analysis must be performed for both static and dynamic conditions, using an appropriate pseudo- static horizontal ground acceleration coefficient for earthquakes on faults, capable of impacting the project in accordance with standard practice as outlined in DMG Special Publication No. 117, 1997, or most recently adopted version. 41. Prior to issuance of the grading permit, the project geotechnical engineer shall evaluate liquefaction potential. Where liquefaction is found to be a hazard, a remediation plan with effective measures to avoid and control damage must be provided to the city engineer and public works director. During construction, measures to reduce seismic liquefaction risks shall be employed as recommended in the approved remediation plan and associated geotechnical report, such as placement of a non-liquefiable cap over the alluvium, removal of the liquefiable soils, in-situ densification, or the excavation of a shear key below the base of the liquefiable zone. Where liquefaction hazard site conditions exist, the applicant shall provide an extra copy of the final report to the city engineer and public works director and shall send a copy of the report to the California Department of Conservation, Division of Mines and Geology in accordance with Public Resources Code Section 2697 within thirty (30) days of report approval. 42. The project must comply with all NPDES requirements and the city of Moorpark standard requirements for temporary storm water diversion structures during all construction and grading. 365 Resolution No. PC-2023-693 Page 166 166 43. Prior to issuance of a grading permit, a qualified, currently registered professional civil engineer in good standing in the state of California shall be retained to prepare erosion and sediment control plans in conformance with the currently issued Ventura County municipal storm water NPDES permit. These plans shall address, but not be limited to, construction impacts and long-term operational effects on downstream environments and watersheds. The plans must consider all relevant NPDES requirements and recommendations for the use of the best available technology and specific erosion control measures, including temporary measures during construction to minimize water quality effects to the maximum extent practicable. Prior to the issuance of an initial grading permit, review and approval by the community development director and city engineer and public works director is required. 44. Prior to the import or export of more than one hundred (100) truckloads or one thousand (1,000) cubic yards a haul route permit in conformance with the currently adopted city of Moorpark engineering policies and standards is required. 45. Where slopes exceeding four (4) feet in height are adjacent to sidewalks, and streets, the grading plan must include a slough wall, Angelus Standard slumpstone, color or other alternative as determined by the community development director, approximately eighteen (18) inches high, with curb outlet drainage to be constructed behind the back of the sidewalk to prevent debris from entering the sidewalk or street. The wall must be designed and constructed in conformance with the city’s standard wall detail. All material for the construction of the wall shall be approved by the city engineer and public works director and community development director. Retaining walls greater than eighteen (18) inches in height must be set back two (2) feet from the back of the sidewalk. This two (2) foot area must be landscaped and have no greater than a two percent (2%) cross fall slope. The slough wall and landscaping design is subject to the review and approval of the city engineer and public works director and community development director. 46. Grading plans must include, but not be limited to, entry walls and project identification signs in accordance with city standards. Landscaping, appropriate to the entry, shall be provided that will not interfere with sight distance or turning movement operations. The final design for the project entrance must be reviewed and approved by the community development director and the city engineer and public works director. 47. During grading, the project geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in-place material, and installation of all sub-drains including their connections. All fill slope construction must be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the city engineer and public works director to be kept on file. Cuts and slopes must be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the city engineer and public works director must be obtained prior to any modification. 48. Written weekly progress reports and a grading completion report must be submitted to the city engineer and public works director by the project geotechnical engineers. These reports must include the results and locations of all compaction tests, as-built plans of all landslide repairs and fill removal, 366 Resolution No. PC-2023-693 Page 167 167 including geologic mapping of the exposed geology of all excavations showing cut cross-sections and sub- drain depths and locations. The lists of excavations approved by the engineering geologist must also be submitted. Building permits will not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable grading ordinance provisions. 49. During grading, colluvial soils and landslide deposits within developed portions of the properties must be re-graded to effectively remove the potential for seismically-induced landslides in these materials. Additional buttressing, keying and installation of debris benches must be provided in transition areas between non-graded areas and development as recommended in the final geotechnical reports by the project geotechnical engineer. 50. The recommendations for site grading contained in the final geotechnical reports must be followed during grading unless modifications are submitted for approval by the engineers-of-work and specifically approved in writing by the city engineer and public works director. 51. Temporary irrigation, hydroseeding and erosion control measures, approved by the community development director, city engineer and public works director, must be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) calendar days except that during the rainy season (October 1st to April 15th), these measures will be implemented immediately. 52. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical) slope inclination except where special circumstances exist. In the case of special circumstances, where steeper slopes are warranted, a registered soils engineer and a licensed landscape architect will review plans and their recommendations will be subject to the review and approval of the city engineer, public works director, and the community development director. 53. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil amendments added, irrigation systems installed and be planted in a timely manner with groundcover, trees and shrubs (consistent with the approved landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely manner means that the slope soil amendments, irrigation systems and planting on each slope must commence immediately upon the completion of the grading of each slope, that the completion of slope grading will not be artificially delayed and that the slope soil amendments, irrigation systems and planting must be completed on a schedule commensurate with the grading. The planting will be to the satisfaction of the community development director, city engineer, and public works director. 54. Grading may occur during the rainy season from October 1st to April 15th, subject to timely installation of erosion control facilities when approved in writing by the city engineer, public works director and the community development director and when erosion control measures are in place. In order to start or continue grading operations between October 1st and April 15th, project-specific erosion control plans that provide detailed best management practices for erosion control during the 367 Resolution No. PC-2023-693 Page 168 168 rainy season must be submitted to the city engineer and public works director no later than September 1st of each year that grading is in progress. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During the rainy season, October 1st through April 15th, all graded slopes must be covered with a woven artificial covering immediately after completion of each graded slope. Grading operations must cease if the applicant fails to place effective best management measures on graded slopes immediately after construction. No slopes may be graded or otherwise created when the National Weather Service local three (3) day forecast for rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the permanent and temporary slopes before the rain event. The artificial covering and planting will be to the satisfaction of the community development director, city engineer, and public works director. 55. During clearing, grading, earth moving, excavation, soil import and/or soil export operations, the applicant shall comply with the city of Moorpark standard requirements for dust control, including, but not limited to, minimization of ground disturbance, application of water/chemicals, temporary/permanent groundcover/ seeding, street sweeping, and covering loads of dirt. All clearing, grading, earth moving, excavation, soil import and/or soil export operations must cease during periods of high winds (greater than fifteen (15) miles per hour averaged over one (1) hour). 56. Backfill of any pipe or conduit must be in four (4) inch fully compacted layers unless otherwise specified, in writing, by the city engineer and public works director. 57. Soil testing for trench compaction must be performed on all trenching and must be done not less than once every two (2) feet of lift and one hundred (100) lineal feet of trench excavated. Test locations must be noted using true elevations and street stationing with offsets from street centerlines. 58. Prior to issuance of each building permit, the project geotechnical and/or soils engineer shall submit an as-graded geotechnical report and a rough grading certification for said lot and final soils report compiling all soils reports, addendums, certifications, and testing on the project for review and approval by the city engineer and public works director. 59. Prior to issuance of the first building permit, the project’s engineer shall certify that the grading and improvements have been completed, as noted on the original approved plans and any subsequent change orders. 60. When required by the community development director and/or the city engineer and/or public works director, at least one (1) week prior to commencement of grading or construction, the applicant shall prepare a notice that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within five hundred (500) feet of the exterior boundary of the project site, as shown on the latest equalized assessment roll. The notice must include current contact information for the applicant, including all persons with authority to indicate and implement corrective action in their area of responsibility, including the name of the contact responsible for maintaining the list. The names of individuals responsible for noise and litter control, tree protection, 368 Resolution No. PC-2023-693 Page 169 169 construction traffic and vehicles, erosion control, and the twenty-four (24) hour emergency number, must be expressly identified in the notice. The notice must be re-issued with each phase of major grading and construction activity. A copy of all notices must be concurrently transmitted to the community development department. The notice record for the city must be accompanied by a list of the names and addresses of the property owners notified and a map identifying the notification area. 61. Consistent with the final geotechnical reports, at a minimum, the following measures must be implemented during design and construction where appropriate to minimize expansive soil effects on structures: potential foundation systems to include pier and grade beam; use of structural concrete mats and post-tensioned slabs; pad overcutting to provide uniform swell potential; and soil subgrade moisture treatment. 62. Prior to issuance of building permits, chemical testing of representative building pad soils is required to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures must be implemented where appropriate to protect against corrosion: a. Use of sulfate-resistant concrete; and b. Use of protective linings to encase metallic piping buried in soils warranting such measures. 63. Engineered fills must be constructed in compliance with the standards and criteria presented in the approved geotechnical report. The differential thickness of the fill under individual buildings may not be greater than ten (10) feet. These measures must be verified by construction observation and testing by the project geotechnical engineer as outlined in the final geotechnical reports and approved by the city engineer and public works director. 64. Additional analysis of the predicted total and differential settlements of the major fills at each site must be performed by the project geotechnical engineer during the final design stage. Possible measures that may be required based on the settlement data include surcharging, delaying construction for a period of time before constructing on deep fills, or allowing for the predicted settlement in the design of the project components. 65. Transfer of responsibility of California registered civil engineer in charge for the project must be in accordance with rules and guidelines set forth pursuant to Rules of the Board for Professional Engineers and Land Surveyors, California Code of Regulations, Title 16, Division 5, Board Rule 404.1, subsections (c) and (d), that speak to successor licensee and portions of projects. 66. Applicant has full right to exercise the service of a new engineer in charge at any time during a project. When there is a change in engineer, the applicant/owner shall notify the city engineer and public works director in writing within forty-eight (48) hours of such change. Said letter shall specify successor California registered civil engineer and shall be stamped and signed and dated by said engineer in responsible charge and shall accept responsibility of project. The letter will be kept on file at the city. 369 Resolution No. PC-2023-693 Page 170 170 67. Prior to construction of any public improvement, the applicant shall submit to the city engineer and public works director, for review and approval, street improvement plans prepared by a California registered civil engineer, and enter into an agreement with the city of Moorpark to complete public improvements, with sufficient surety posted to guarantee the complete construction of all improvements, except as specifically noted in these development standards. 68. Prior to issuance of the first building permit, all existing and proposed utilities, including electrical transmission lines less than sixty-seven (67) kilovolts, must be undergrounded consistent with plans approved by the city engineer, public works director and community development director. Any exceptions must be approved by the city council. 69. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.) must be placed within landscaped areas when landscaped areas are part of the right-of-way improvements. When above- ground obstructions are placed within the sidewalk, a minimum of five (5) feet clear sidewalk width must be provided around the obstruction. Above-ground obstructions may not be located within or on multi- purpose trails. 70. Prior to final inspection of improvements, the project registered civil engineer shall submit certified original “record drawing” plans with three (3) sets of paper prints and the appropriate plan revision review fees to the city engineer and public works director along with electronic files in a format satisfactory to the city engineer and public works director. These “record drawing” plans must incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto. The plans must be “record drawings” on twenty-four (24) inch by thirty-six (36) inch Mylar® sheets (made with proper overlaps) with a city title block on each sheet. In addition, the applicant shall provide an electronic file update of the city’s master base map electronic file, incorporating all streets, sidewalks, street lights, traffic control facilities, street striping, signage and delineation, storm drainage facilities, water and sewer mains, lines and appurtenances and any other utility facility installed for this project. 71. The street improvement plans must contain a surveyor’s statement on the plans, certifying that, in accordance with Business and Professions Code Section 8771, all recorded monuments in the construction area will be protected in place during construction, or have been located and tied with no fewer than four (4) durable reference monuments, which will be protected in place during construction. Copies of all monument tie sheets must be submitted to the city on reproducible three (3) mil polyester film. 72. Prior to reduction of improvement bonds, the applicant must submit reproducible centerline tie sheets on three (3) mil polyester film to the city engineer and public works director. 73. All streets must conform to the latest city of Moorpark engineering policies and standards using equivalent single axle loads (ESAL) for a minimum thirty (30) year term for public streets and ESAL for a twenty (20) year term on private streets. All streets must be designed and constructed to the required structural section in conformance with the latest city of Moorpark engineering policies and standards. The geotechnical or soil reports must address the need for possible sub-drainage systems to prevent saturation of the pavement structural section or underlying foundation. An additional one and one-half 370 Resolution No. PC-2023-693 Page 171 171 (1-1/2) inch thick rubberized asphalt pavement must be added to the structural section for public streets. This additional pavement may not be used in determining the required structural section. 74. When required by the city engineer and public works director, the applicant shall provide, for the purposes of traffic signal installation, two (2) four (4) inch PVC conduits extending across all intersections, and surfacing through “J” boxes to the satisfaction of the city engineer and public works director. 75. Prior to approval of a grading plan, the applicant shall submit to the city of Moorpark for review and approval by the city engineer and public works director, drainage plans with the depiction and examination of all on-site and off-site drainage structures and hydrologic and hydraulic calculations in a bound and indexed report prepared by a California registered civil engineer. 76. Drainage improvements must be designed so that after-development, drainage to adjacent parcels would not be increased above pre-development drainage quantities for any stormwater model between and including the ten (10) year and one hundred (100) year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project must be in type, kind and nature of predevelopment flows unless the affected upstream and/or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows must be provided to the satisfaction of the city engineer and public works director. The applicant shall make any on-site and downstream improvements, required by the city, to support the proposed development. 77. The drainage plans and calculations must analyze conditions before and after development, as well as, potential development proposed, approved, or shown in the general plan. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses must be addressed. 78. Local residential and private streets must be designed to have at least one (1) dry travel lane available during a ten (10) year frequency storm. Collector streets must be designed to have a minimum of one (1) dry travel lane in each direction available during a ten (10) year frequency storm. 79. All stormwater surface runoff for the development must have water quality treatment to meet the design standards for structural or treatment control BMPs per the latest issued Ventura County municipal stormwater NPDES permit. 80. The hydraulic grade line within any catch basin may not extend higher than nine (9) inches below the flow line grade elevation at the inlet. 81. No pressure manholes for storm drains are allowed unless specifically approved in writing by the city engineer and public works director. If permitted, all storm drain lines under water pressure must have rubber gasket joints. 82. All manhole frames and covers shall have a thirty (30) inch minimum diameter. This includes all access manholes to catch basins, as well as any other storm drain or NPDES structure. 371 Resolution No. PC-2023-693 Page 172 172 83. The Q50 storm occurrence must be contained within the street right-of-way. 84. The maximum velocity in any storm drain system may not exceed twenty (20) feet per second. 85. All detention and debris structures that fall under the definition of being a dam must have an open air spillway structure that directs overflows to an acceptable location to the satisfaction of the city engineer and public works director. 86. Only drainage grates of a type approved by the city engineer and public works director may be used at locations accessible by pedestrian, bicycle or equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails. 87. To verify that the reinforced concrete pipe (RCP) specified on the improvement plan is correct, the RCP delivered to project site must have the D-LOAD specified on the RCP. 88. The grading plan must show distinctive lines of inundation delineating the one hundred (100) year flood level. 89. All flows that have gone through flow attenuation and clarification by use of acceptable best management practice systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices are to be deposited directly into the storm drain system unless an alternative has been approved by the city engineer and public works director. Storm drain and related easements outside the public right-of-way are to be privately maintained unless otherwise approved by the city council. 90. Concrete surface drainage structures exposed to the public view must be tan colored concrete, as approved by the community development director, and to the extent possible must incorporate natural structure and landscape to blend in with the surrounding material. 91. Prior written approval by the city engineer and public works director is required for curb outlets that provide for pad or lot drainage onto the street. 92. Drainage devices for the development must include all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the city engineer and public works director. 93. The applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the city engineer and public works director: a. Adequate protection from a one hundred (100) year frequency storm; b. Feasible access during a fifty (50) year frequency storm; 372 Resolution No. PC-2023-693 Page 173 173 c. Elevation of all proposed structures within the one hundred (100) year flood zone at least one (1) foot above the one hundred (100) year flood level. Hydrology calculations must be per current Ventura County watershed protection agency standards and to the satisfaction of the city engineer and public works director. Development projects within a one hundred (100) year flood zone may require a conditional letter of map revisions (CLOMR) and letter of map revision (LOMR) as determined by the city engineer and public works director. 94. The storm drain system must be designed with easements of adequate width for future maintenance and reconstruction of facilities, particularly facilities deeper than eight (8) feet. In addition, all facilities must have all-weather vehicular access. 95. All existing public storm drain systems within the development require pre-construction and post- construction closed caption television videoing (CCTV) including identification by existing plan and station. 96. Storm drain systems must be constructed per the most current Ventura County Watershed Protection District Standard Design Manual, city of Moorpark standards and to the satisfaction of the city engineer and public works director. 97. All storm drain easement widths and alignments must conform to the city of Moorpark requirements and be to the satisfaction of the city engineer and public works director. Easements must provide sufficient room for reconstruction of the storm drain systems and provide all weather access within the easement, to all manholes, inlets, outlets and any other structure that requires maintenance. 98. Prior to the start of grading or any ground disturbance, the applicant shall identify a responsible person experienced in NPDES compliance who is acceptable to the city engineer and public works director. The designated NPDES person (superintendent) shall be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (40%) or greater and prior to the start of and during all grading or clearing operations until the release of grading bonds. The superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate best management practices. The superintendent shall be required to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. 99. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying grading or excavation, the applicant shall prepare and submit a stormwater pollution control plan (SWPCP), on the form established in the Ventura Countywide stormwater quality management program. The SWPCP must address the construction phase compliance to stormwater quality management regulations for the project. The SWPCP, improvement plans and grading plans must note that the contractor shall comply with the California Best Management Practices Construction Handbook, published by the California Stormwater Quality Association. The SWPCP must be submitted, with appropriate review deposits, for the review and approval of the city engineer and public works director. The SWPCP must identify potential pollutant sources that may affect the quality of discharges and design the use and placement of best management practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. Erosion control BMPs, which 373 Resolution No. PC-2023-693 Page 174 174 include wind erosion, dust control, and sediment source control BMPs for both active and inactive (previously disturbed) construction areas are required. 100. The SWPCP must include provisions for modification of BMPs as the project progresses and as conditions warrant. The city engineer and public works director may require the first version and each subsequent revision of the SWPCP to be accompanied by a detailed project schedule that specifically identifies the type and location of construction operations for the project. The SWPCP must be developed and implemented in accordance with the latest issued Ventura Countywide stormwater quality management program, NPDES permit, Chapter 8.52 of the Moorpark Municipal Code and any other requirements established by the city. The applicant is responsible for ensuring that all project contractors, subcontractors, materials suppliers, tenants and tenants’ contractors comply with all BMPs in the SWPCP, until such time as a notice of termination has been approved by the city engineer and public works director and accepted by the Los Angeles Regional Water Quality Control Board. The SWPCP must include schedules and procedures for on-site maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. On-site maintenance of all equipment that can be performed off-site will not be allowed. 101. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit a stormwater pollution prevention plan (SWPPP). The SWPPP must address post-construction compliance with stormwater quality management regulations for the project. The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the stormwater management program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the city engineer/public works director. The proposed plan must also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology, including all related costs. The use of permanent dense groundcover planting approved by the city engineer/public works director and community development director is required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. “Passive” and “natural” BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar “active” devices is not acceptable and may not be used without specific prior approval of the city council. The use of biological filtering, bio-remediation, infiltration of pre-filtered stormwater and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective 374 Resolution No. PC-2023-693 Page 175 175 and non-disruptive fashion is required. As deemed appropriate for each project, the SWPPP must establish a continuing program of monitoring, operating and maintenance to: a. Provide discharge quality monitoring; b. Assess impacts to receiving water quality resulting from discharged waters; c. Identify site pollutant sources; d. Educate management, maintenance personnel and users, to obtain user awareness and compliance with NPDES goals; e. Measure management program effectiveness; f. Investigate and implement improved BMP strategies. g. Maintain, replace and upgrade BMP facilities (establish BMP facility inspection standards and clear guidelines for maintenance and replacement); h. Secure the funding, in perpetuity, to achieve subsections a through g. 102. Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading or excavation, the applicant shall submit a notice of intent (NOI) to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the latest issued NPDES Construction General Permit: Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities. The applicant shall also provide a copy of the notice of intent (NOI) to the city engineer and public works director as proof of permit application. The improvement plans and grading plans shall contain the waste discharge identification number for the project. 103. Engineering and geotechnical or soils reports must be provided to prove, to the satisfaction of the city engineer and public works director, that all “passive” NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water detention and clarification. 104. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code and any provision amendatory and supplementary thereto. 105. Development must comply with the most recently adopted city of Moorpark landscape design standards and guidelines, including compliance with the prohibited plants list. 17.76.060 Fees. A. Entitlement Processing. Prior to the approval of any zoning clearance for this entitlement, the applicant shall submit to the community development department all outstanding entitlement case processing fees, including all applicable city legal service fees. This payment must be made within sixty (60) calendar days after the approval of this entitlement. 375 Resolution No. PC-2023-693 Page 176 176 B. Condition Compliance. Prior to the issuance of any zoning clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the community development department the condition compliance review deposit. C. Capital Improvements and Facilities, and Processing. Prior to the issuance of any zoning clearance for a building permit, the applicant shall submit to the community development department, capital improvement, development, and processing fees at the current rate then in effect. Said fees include, but are not limited to, building and public improvement plan checks and permits. D. Parks. Prior to the issuance of a zoning clearance for a building permit, the applicant shall submit to the parks, recreation and community services department fees in accordance with city ordinances and resolutions. E. Fire Protection Facilities. Prior to the issuance of a zoning clearance for a building permit, current fire protection facilities fees must be paid to the building and safety division in accordance with the city council adopted fire protection facilities fee requirements in effect at the time of building permit application. F. Library Facilities. Prior to the issuance of a zoning clearance for a building permit, the library facilities fee must be paid to the building and safety division in accordance with the city council adopted library facilities fee requirements in effect at the time of building permit application. G. Police Facilities. Prior to the issuance of a zoning clearance for a building permit, the police facilities fee must be paid to the building and safety division in accordance with the city council adopted police facilities fee requirements in effect at the time of building permit application. H. Traffic Systems Management. Prior to the issuance of a zoning clearance for a building permit, the applicant shall submit to the community development department the established Moorpark traffic systems management (TSM) fee for the approved development consistent with adopted city policy for calculating such fee. I. Intersection Improvements. Prior to the issuance of the first zoning clearance for a building permit, the applicant shall submit to the community development department a fair-share contribution for intersection improvements relating to the project. The amount of fair-share participation will be to the satisfaction of the city engineer and public works director based on the traffic report prepared for the project and the extent of the impact to these intersections. J. Citywide Traffic. Prior to the issuance of a zoning clearance for a building permit, the applicant shall submit to the community development department the citywide traffic fee. The fee shall be calculated per dwelling unit for residential projects, based upon the effective date of approval of the entitlement consistent with adopted city policy for calculating such fee. K. Area of Contribution. Prior to the issuance of a zoning clearance for a building permit, the applicant shall pay to the community development department the area of contribution (AOC) fee for the area in 376 Resolution No. PC-2023-693 Page 177 177 which the project is located. The fee shall be paid in accordance with the city council adopted AOC fee requirements in effect at the time of building permit application. L. Street Lighting Energy Costs. Prior to the issuance of a zoning clearance for a building permit, the applicant shall pay to the community development department all energy costs associated with public street lighting for a period of one (1) year from the acceptance of the street improvements in an amount satisfactory to the city engineer and public works director. M. Schools. Prior to the issuance of a zoning clearance for a building permit, the applicant shall provide written proof to the community development department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark unified school district. N. Art in Public Places. Prior to the issuance of a zoning clearance for a building permit, the applicant shall contribute to the art in public places fund in accordance with Municipal Code Chapter 17.50 and sections amendatory or supplementary thereto. Contribution is to be submitted to the community development department. If the applicant is required to provide a public art project on- or off-site in lieu of contributing to the art in public places fund, the art work must have a value corresponding to, or greater than, the contribution, and must be approved, constructed and maintained for the life of the project in accordance with the applicable provision of the Moorpark Municipal Code. O. Electronic Conversion. In accordance with city policy, the applicant shall submit to the community development department, city engineer and public works director and the building and safety division the city’s electronic image conversion fee for entitlement/ condition compliance documents; final map/engineering improvement plans/permit documents; and building plans/permit documents, respectively. P. Crossing Guard. Prior to the issuance of zoning clearance for a building permit, the applicant shall pay to the community development department an amount to cover the costs associated with a crossing guard for five (5) years at the then current rate, plus the pro-rata cost of direct supervision of the crossing guard location and staff’s administrative costs calculated at fifteen percent (15%) of the above costs. This applies to residential project of ten (10) or more units. Q. Storm Drain Discharge Maintenance Fee. Prior to the issuance of a zoning clearance for a building permit, the applicant shall pay to the community development department the citywide storm drain discharge maintenance fee in accordance with the city council adopted storm drain discharge maintenance fee requirements in effect at the time of building permit application. R. County Traffic Impact Mitigation Fee. Prior to the issuance of a zoning clearance for a building permit, the county traffic impact mitigation fee must be paid in accordance with county adopted fee requirements in effect at the time of building permit application. 377