Loading...
HomeMy WebLinkAboutORD 262 1999 1006ORDINANCE NO: 262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A ZONING DESIGNATION OF SPECIFIC PLAN (SP) FOR ALL PROPERTIES WITHIN THE MOORPARK HIGHLANDS SPECIFIC PLAN (SPECIFIC PLAN 2 /SPECIFIC PLAN 95 -2) AND AMENDING THE ZONING MAP OF THE CITY OF MOORPARK TO REFLECT THE LAND USE DESIGNATION OF SPECIFIC PLAN (SP) FOR SAID PROPERTIES COMPRISING THE MOORPARK HIGHLANDS SPECIFIC PLAN; AMENDING TITLE 17, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF MOORPARK ADOPTING DEVELOPMENT STANDARDS FOR SAID PROPERTIES AND PLACING SUCH REGULATIONS AS CHAPTER 17.74 WITHIN SAID CODE WHEREAS, at a duly noticed public hearing on January 19, 1999, continued public hearings on February 3, March 3, March 17, April 21, June 16, July 7, August 18, and September 1, 1999, the City Council considered the application filed by Morrison - Fountainwood- Agoura for the Moorpark Highlands Specific Plan Project, consisting of Specific Plan No. 2 /Specific Plan No. 95- 2, General Plan Amendment No. 95 -2, and Zone Change No. 95 -4, for an approximately 445 acre site located within the City of Moorpark, in Ventura County, southerly and proximate to the City northerly boundary, northerly of Charles Street, westerly of Happy Camp Canyon Regional Park and easterly of existing residential development within the City and incorporating Assessor Parcel Numbers: 500 -0- 240 -035; 500 -0- 240 -045; 500 -0- 270 -075; 500 -0- 270 -085; 500 -0- 270 -195; 500 -0- 270 -205; 512- 0 -160- 125; 512 -0- 160 -525; 512 -0- 160 -545; 512 -0- 160 -555; 512 -0- 160 -705; and WHEREAS, the Planning Commission of the City of Moorpark on December 14, 1998, did adopt Resolution PC -98 -362 recommending to the City Council approval of Specific Plan No. 2 /Specific Plan No. 95 -2, General Plan Amendment No. 95 -2, Zone Change No.95 -4, and certification of the project EIR, subject to findings and amendments incorporated into that resolution; and WHEREAS, the City Council on April 21, 1999, certified the Final Environmental Impact Report for the Moorpark Highlands Specific Plan as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA procedures and meeting all findings required by CEQA; and Ordinance 262 Page 2 WHEREAS, the City Council on September 15, 1999, did adopt Resolution 99 -1654 adopting a Mitigation Monitoring Program; a Statement of Overriding Considerations relative to the Moorpark Highlands Specific Plan /Specific Plan No. 95 -2; General Plan Amendment No. 95 -2; and Specific Plan No. 2. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Title 17, Zoning, of the Municipal Code of the City of Moorpark, California is amended by amending the official zoning map of the City, as referenced in Section 17.04.020 of the Moorpark Municipal Code, by adding thereto the designation SP 95- 2 /SP -2 and by applying said designation to the Moorpark Highlands Specific Plan area as shown in Exhibit A attached hereto and incorporated herein by reference. SECTION 2. Title 17, Zoning, of the Municipal Code of the City of Moorpark, California is amended by adding thereto Chapter 17.74 as contained and more fully described in Exhibit 3, attached hereto and incorporated by this reference. SECTION 3. The City Council of the City of Moorpark hereby finds as follows: A. Zone Change No. 95 -4. 1. Zone Change No. 95 -4 is consistent with the General Plan as amended through General Plan Amendment No. 95- 2. 2. Zone Change No. 95 -4 is necessary to incorporate the standards and regulations affecting development of Specific Plan No. 2 within the Municipal Code to ensure ease of reference and enforcement. SECTION 4. Whenever a conflict shall arise between provisions of the Specific Plan and the Zoning Code as to the meaning of terms, uses permitted, standards applicable or administration thereof, Chapter 17.74 shall prevail. SECTION 5. If any section, sub - section, sentence, clause, phrase, part or portion of this Ordinance is for any reason held Ordinance 262 Page 3 to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this ordinance and each section, sub- section, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 6. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of criginal ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which same is passed and adopted; and shall within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 6th day of October, 1999: ATTEST: �jNCrc - S. Deborah S. Traffensted , City Clerk ATTACHMENTS: Exhibit A. Exhibit B. Proposed Zoning Chapter 17.74 to Title 17, Specific Plan No. 2 Ordinance 262 Page 4 CAS- 40ac "- EXHIBIT A PROPOSED ZONING Ordinance 262 Page 5 CHAPTER 17.74 SPECIFIC PLAN NO. 2 /SPECIFIC PLAN 95 -2, MOORPARK HIGHLANDS SPECIFIC PLAN Sections: 17.74.010 Purpose 17.74.020 Definitions 17.74.030 General provisions 17.74.040 Residential Planned Development Regulations 17.74.050 Open Space Regulations 17.74.060 Public Institutional Uses 17.74.070 Special Regulations 17.74.010 Purpose. The development regulations and standards contained herein have been established to provide criteria for the development of the Planning Areas within Specific Plan No. 2. Implementation of the regulations and standards set forth in this section are intended to ensure that future development iz coordinated and consistent with the goals and policies of Specific Plan No. 2 and the City's General Plan. The following standards provide for the arrangement, development, and use of residential neighborhoods, open space areas, school and park sites designated as public - institutional areas, and future State highway right -of -way or dedication areas. Application of these regulations and standards is intended to encourage the most appropriate use of the land, create a harmonious relationship among land uses, and protect the health, safety, and general welfare of the community. Certain development requirements generally are included as conditions of approval for subdivisions and development permits, and may not be contained in the Development Regulations and Standards for Specific Plan 2 or in the City's Municipal Code and Subdivision Ordinance. Such development requirements 'include, but are not limited to: On -site lighting standards, fixtures, lumen levels, coverage mounting and pole height; street lighting standards; front yard landscaping; bus shelters; quantities and sizing of trees and shrubs; general review /approval of landscaping and irrigation plans; review and approval of conditions, covenants and restrictions; requirements for homeowner property associations; rain gutters; yard drains; trash and recycling enclosures; slough wall for slopes adjacent to street rights -of -way; and concrete driveways. 17.74.020 Definitions. Words and terms used in the Specific Plan No. 2 Development Regulations and Standards shall have the same definitions as given in the City of Moorpark Municipal Code, including Title 17, Zoning. 17.74.030 General Provisions. These Development Regulations and Standards regulate all development within the Specific Plan No. 2 area. The following general provisions apply to all zone districts within the Specific Plan area. A. The City Municipal Code shall regulate development in EXHIBIT B Ordinance 262 Page 6 Specific Plan No. 2, except as modified by the regulations and standards contained herein. In such cases where the Specific Plan No. 2 development regulations and standards conflict with those in other Sections of Title 17 of the City of Moorpark Municipal Code, the Specific Plan No. 2 development standards shall apply. B. The establishment and changes of the zone district classification on land in the Specific Plan No. 2 area shall be as described in this Section and shall be adopted by an ordinance amending the City zoning map in the manner set forth in Chapter 17.60, Title 17, of the Municipal Code. The zone districts for Specific Plan No. 2 shall be consistent with the Specific Plan Land Use Plan, Exhibit 4, and Section 17.16.070.B, Specific Plan (SP) Zone, which requires the use of the SP suffix for property that is subject to a specific plan. C. All land use entitlements and permits issued within the Specific Plan No. 2 area shall be consistent with Specific Plan No. 2 and the City's General Plan as amended . D. Because it is infeasible to compose legislative language which encompasses all conceivable land -use situations, the Director of Community Development shall have the power to interpret the regulations and standards contained in this Specific Plan, when such interpretation is necessitated by a lack of specificity in such regulations and standards. E. Procedures for the processing of land use entitlement for the Specific Plan No. 2 area shall be the same as defined in Chapter 17.44 of Title 17 of the Moorpark Municipal Code. 17.74.040 Residential Planned Development Regulations The purpose of these regulations is to provide assurances that residential development conforms to the City of Moorpark General Plan requirements for Specific Plan No. 2. These standards also provide for a range of single - family detached and multi - family dwelling units with development standards and regulations specifically applicable to the Specific Plan No. 2 property. Specific Plan No. 2 Development Standards may be more or less restrictive than the City's current development standards for each residential category. Exhibits 28 through 31 of the adopted Specific Plan contain single - family development standards for the plan areas. For the purposes of this Specific Plan, all uses permitted in the Specific Plan No. 2 Residential Planned Development Single Family (SP2- RPD-SF) Zone, are as specified in Table 17.20.050 of Title 17 for the Residential Planned Development (RPD) Zone. 17.74.040.1 Single - Family Residential Site Development Standards A. Specific Plan No. 2 Residential Planned Development Single - Family (SP2- RPD -SF) 1.3- 2.5 du /ac Zone. Minimum Lot Area: 10,000 square feet Ordinance 262 Page 7 2. Buildinq Setbacks: a. Front Setback minimum for 10,000 square foot lots is thirty (30) feet. The front setback minimum for 30,000 square foot lots is thirty five (35) feet. The front setbacks for the proposed single - family dwelling units shall be varied so as to provide visual diversity. There shall be a minimum of three (3) feet variation with a maximum variation of five (5) feet for the front setback between adjacent lots, with no more than two adjacent lots having the same front setback. Dwelling units constructed with garages having a curved or swing driveway, with the entrance to the garage facing the side property line, shall have a minimum front setback of fifteen (15) feet. b. Side yard setback minimum for a single - family dwelling unit on a 10,000 sq. ft. minimum lot is 10 percent of the lot frontage. However, the setback can be reduced to seven (7) feet if a twenty (20) foot separation is maintained between structures. For 30,000 sq. ft. minimum lot the sum of side yards shall be a minimum of 20 feet with a minimum side yard (1 side) of 12 -foot for RV access, and a minimum of 20 -foot separation between structures. C. Rear Setback minimum for a single - family dwelling unit on a 10,000 sq. ft. minimum lot is thirty (30) feet, and on a 30,000 sq. ft. minimum lot is (50) feet; for an enclosed patio or open patio cover is ten (10) feet; for a second story deck or balcony is twenty (20) feet, and for an accessory structure is five (5) feet. d. For projects located in Planning Area 8 no habitable structures shall be located closer than 200 feet from the north /west Specific Plan boundary. 3. Maximum building height: a. Thirty -five (35) feet for dwelling units. b. Fifteen (15) feet for accessory structures. C. Twelve (12) feet for a patio cover and second floor deck or balcony, not including railing height. d. No more than three (3) stories shall be permitted. 4. Fences and walls: Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for the Residential Planned Development Permit. 5. Parking: Parking shall comply with Chapter 17.32 of the City of Moorpark Municipal Code. 6. Signage: Signage shall comply with Chapter 17.40 of the City of Moorpark Municipal Code. 7. Standards relating to animals: The keeping of animals shall comply with Chapter 17.28.030 of the Moorpark Municipal Code. Ordinance 262 Page 8 8. Eaves and window treatments and surrounds. The eaves and window treatments and surrounds on all sides of a structure shall be consistent with the eaves and window treatments and surrounds on the front elevation. 9. Wrap- around front elevation treatment. The architectural style and treatment included along the front elevation of a single family unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point as determined by the Residential Planned Development Permit approval body. 10. Solar Panels. Solar panels shall not be permitted on the front elevation of dwelling units if the panel may be seen from a public street. B. Specific Plan No. 2 Residential Planned Development Single - Family (SP2- RPD -SF) 2.5- 4.5 du /ac Zone. 1. Minimum Lot Area. 6,000 square feet 2. Building Setbacks a. Front Setback minimum is twenty (20) feet. The front setbacks for the proposed single- family dwelling units shall be varied so as to provide visual diversity. There shall be a minimum of three (3) feet variation with a maximum variation of five (5) feet for the front setback between adjacent lots, with no more than two adjacent lots having the same front setback. Dwelling units constructed with garages having a curved or swing driveway, with the entrance to the garage facing the side property line, shall have a minimum front setback of fifteen (15) feet. b. Side Setback minimum for a single- family dwelling unit adjacent to a street is ten (10) feet, with the exception that the minimum side setback adjacent to Spring Road shall be twenty (20) feet. C. Side Setback minimum for a single - family dwelling unit on an interior lot, other than for exceptions listed below, shall be five (5) feet. Side setback minimum for a second story deck or balcony is ten (10) feet. d. Side Setback minimum for a two -story single - family dwelling unit on an interior lot larger than 7,000 square feet, with windows facing the adjacent property, is seven and one -half (7.5) feet, with not less than fifteen (15) feet between structures. e. Rear Setback minimum for a single - family dwelling unit is twenty (20) feet, for an enclosed patio or open patio cover is ten (10) feet, for a second story deck or balcony is twenty (20) feet, and for an accessory structure is five (5) feet. f. For projects on a hillside area, and where it can be clearly established that reduced setbacks will enhance preservation of natural terrain Ordinance 262 Page 9 and reduced grading, front setbacks may be reduced by the approving authority to ten (10) feet as applied to the main portion of the dwelling. Garage setbacks shall normally be twenty (20) feet except for a side loaded garage where a minimum driveway depth of twenty (20) feet from the right -of -way edge shall be provided. 3. Maximum building height. a. Thirty -five (35) feet for dwelling units. b. Fifteen (15) feet for accessory structures. C. Twelve (12) feet for a patio cover and second floor deck or balcony, not including railing height. d. No more than three stories shall be permitted. 4. Fences and walls Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for the Residential Planned Development Permit. 5. Parking Parking shall comply with Chapter 17.32 of the City of Moorpark Municipal Code, except as otherwise noted in this document. 6. Signage Signage shall comply with Chapter 17.40 of the City of Moorpark Municipal Code, except as otherwise noted in this document. 7. Recreational amenities. Residential Planned Development Permit areas with Single - family lots that have an average size of less than 7,000 square feet shall include private recreational amenities such as, but not limited to the following: clubhouse, restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating, court game facilities (non - lighted), and multi - purpose fields. The types of amenities shall be reviewed and approved with the required Residential Planned Development Permit. 8. Eaves and window treatments and surrounds. The eaves and window treatments and surrounds on all sides of a structure shall be consistent with the eaves and window treatments and surrounds on the front elevation. 9. Wrap- around front elevation treatment. The architectural style and treatment included along the front elevation of a single family unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point as determined by the Residential Planned Development Permit approval body. 10. Solar Panels. Solar panels shall not be permitted on the front elevation of dwelling units if the panel Ordinance 262 Page 10 may be seen from a public street. C. Specific Plan No. 2 Residential Planned Development Single Family (SP2- RPD -SF) 6 du /ac Zone. 1. Minimum Lot Area. 3,500 square feet 2. Buildinq Setbacks a. Front Setback minimum is twenty (20) feet. The front setbacks for the proposed single - family dwelling units shall be varied so as to provide visual diversity. There shall be a minimum of three (3) feet variation with a maximum variation of five (5) feet for the front setback between adjacent lots, with no more than two adjacent lots having the same front setback. Dwelling units constructed with garages having a curved or swing driveway, with the entrance to the garage facing the side property line, shall have a minimum front setback of fifteen (15) feet. b. Side Setback minimum for a single - family dwelling unit adjacent to a street is ten (10) feet, with the exception that the minimum side setback adjacent to Spring Road shall be twenty (20) feet. C. Side Setback minimum for a single - family dwelling unit on an interior lot, other than for exceptions listed below, shall be five (5) feet. Side setback minimum for a second story deck or balcony is ten (10) feet. d. Side Setback minimum for a two story single family dwelling unit on an interior lot larger than 7,000 square feet, with windows facing the adjacent property, is seven and one -half (7.5) feet, with not less than fifteen (15) feet between structures. e. Rear Setback minimum for a single - family dwelling unit is twenty (20) feet, for an enclosed patio or open patio cover is ten (10) feet, for a second story deck or balcony is twenty (20) feet, and for an accessory structure is five (5) feet. 3. Maximum Building height a. Thirty -five (35) feet for dwelling units b. Fifteen (15) feet for accessory structures C. Twelve (12) feet for a patio cover and second floor deck or balcony, not including railing height. 4. Fences and walls Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for the Residential Planned Development Permit. 5. Parking Parking shall comply with Chapter 17.32 of the City of Moorpark Municipal Code, except as otherwise noted in this document. Ordinance 262 Page 11 6. Signage Signage shall comply with Chapter 17.40 of the City of Moorpark Municipal Code, except as otherwise noted in this document. 7. Recreational amenities. Residential Planned Development Permit areas with Single- family lots that have an average size of less than 7,000 square feet shall include private recreational amenities such as, but not limited to the following: clubhouse, restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue area with seating, court game facilities (non - lighted), and multi - purpose fields. The types of amenities shall be reviewed and approved with the required Residential Planned Development Permit. 8. Eaves and window treatments and surrounds. The eaves and window treatments and surrounds on all sides of a structure shall be consistent with the eaves and window treatments and surrounds on the front elevation. 9. Wrap- around front elevation treatment. The architectural style and treatment included along the front elevation of a single family unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point as determined by the Residential Planned Development Permit approval body. D. Specific Plan No. 2 Residential Planned Development (SP2- RPD- SF -12) 12.0 du /ac Zone. 1. Lot Area. a. Attached unit projects: 3000 square feet of land area per dwelling. b. Detached unit projects: 3500 square foot lot minimum 2. Building Setbacks. a. Front Setback. Minimum landscaped setback of twenty (20) feet. Structures with garages siding to a street may have a reduced front setback of not less than fifteen (15) feet. b. Side Setback. Minimum landscaped setback of five (5) feet. The side setback requirement adjacent to a roadway shall be ten (10)feet C. Rear Setback. Minimum landscaped setback of fifteen (15) feet. 2. Maximum Building height a. Thirty -five (35) feet for dwelling units. b. Fifteen (15) feet for accessory structures. C. Twelve (12) feet for a patio cover. 4. Fences and walls. Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for the Residential Ordinance 262 Page 12 Planned Development Permit. 5. Parking Parking shall comply with Chapter 17.32 of the City of Moorpark Municipal Code. 6. Signage Signage shall comply with Chapter 17.40 of the City of Moorpark Municipal Code. 7. Open space. In addition to any other open space requirement of Specific Plan No. 2, a SP -2 /RPD -12 project shall include the following amounts of open space: a. Private Open Space. The following private open space shall be provided. Private open space shall be accessible from the dwelling unit served and not from other units. (1) A usable private open space area in the form of a courtyard, patio or garden, or combination thereof, with a minimum area of four hundred fifty (450) square feet and a minimum dimension of fifteen (15) feet for each dwelling unit. b. Usable Open Space. All RPD -12 developments shall provide not less than twenty - five (25) percent of the net site area as useable open space. (1) Usable Open Space Standards. Usable open space shall meet the following requirements: (a) Usable open space areas shall not include rights -of -way, vehicle parking areas, areas adjacent to or between structures less than fifteen (15) feet apart, required front setbacks, private open space areas, or areas with slopes exceeding fifteen (15) percent; (b) Usable open space areas shall be planted with turf or ground cover, or other landscaping material which will control dust; (c) Usable open space areas shall be screened from streets and adjacent sites; (d) Usable open space areas shall not be obstructed except by improvements that enhance usability, such as required recreational amenities, fountains, sunshades, and plantings; (e) Usable open space areas shall not be covered by more than fifty (50) percent by a building overhang or balcony. 8. Recreational amenities. 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(non- lighted). The types of amenities shall be reviewed and approved with the required Residential Planned Development Permit. 17.74.050 Open -Space Development Regulations It is the intent of these regulations to promote the preservation of the natural landforms of Specific Plan No. 2 area by allowing only limited improvements within private open space areas and prohibiting all Ordinance 262 Page 13 development(including structures and trails) within the natural open space, except that required for remedial grading and arterial roadway construction. A. Private Open Space Permitted Uses For the purposes of this Chapter, the following is a listing of the permitted uses allowed within the Private Open Space areas within Specific Plan No. 2. 1. Trails. Trails shall be developed as shown on the approved exhibits of the adopted Specific Plan No. 2. 2. Only signage identifying trail direction and use restrictions will be permitted. B. Private Open Space Development Regulations 1. Structures shall not be allowed. 2. Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for the Residential Planned Development Permit. C. Natural Open Space Development Regulations The Natural Open Space Zone areas shall be reserved for visual open space and are planned to be part of a Habitat Conservation Plan (HCP), as defined in the EIR document, Appendix J. These areas shall remain ungraded and shall not be developed, with the exception of roadway and infrastructure improvements necessary for the construction of Spring Road. The Natural Open Space Zone areas impacted by grading for Spring Road shall be re- contoured and re- vegetated to the standards as defined in the Design Guidelines, Section 8, of Specific Plan No. 2. Subsequent revegetation and /or maintenance activities within the Natural Open Space areas shall be limited to those activities, as prescribed in the HCP, Appendix J of the EIR. Terms and conditions of the Final HCP as approved by the U.S. Fish and Wildlife Service shall regulate NOS usage. 17.74.060 Public Institutional Development Regulations It is the intent of this section to provide standards to direct the development of Public Institutional Uses within the Specific Plan No. 2 property, consistent with the Specific Plan land use plan designation for the school and park sites. A. Public /Institutional Permitted Uses For the purposes of this Specific Plan, all uses permitted in the Specific Plan No. 2 Public Institutional Zone, are as specified in Tables 17.20.050 and 17.20.060 of Title 17 for the Institutional Zone. A public elementary and secondary school are permitted uses in the Specific Plan No. 2 Public Institutional Zone that do not require a permit from the City, because such uses are exempt from the City's zoning regulations. Ordinance 262 Page 14 B. Public /Institutional Site Development Standards The following standards shall apply to private development only, and shall not be applicable to a public school or a public park within the Specific Plan No. 2 area: 1. Landscape coverage Landscape coverage shall be a minimum of ten (10) percent of the overall lot area and a minimum of ten (10) percent of any parking lot; pursuant to Title 17, Section 17.32.100 of the Moorpark Municipal Code. 2. Minimum setbacks a. From arterial roadways: (1) Front- thirty (30) feet (2) Side -ten (10) feet. b. Minimum setbacks from collectors and residential streets (1) Front- twenty (20) feet (2) Side- ten (10) feet C. From residential zones - fifteen (15) feet. 3. Maximum structure height Maximum structure height shall be thirty -five (35) feet or forty -five (45) feet with Planning Commission or City Council Conditional Use Permit approval. 4. Fences and walls Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a City approved Noise Study for a Conditional Use Permit. 5. Parking Parking shall comply with Chapter 17.32 of the City of Moorpark Municipal Code. 6. Signage Signage shall comply with Chapter 17.40 of the City of Moorpark Municipal Code. 17.74.070 Special Regulations A. Right -of -Way Reservation Areas It is the intent of this section to provide standards to direct the development of right -of -way uses within the Specific Plan No. 2 property, consistent with the Specific Plan land use plan designation for State Routes 23 and 118 right -of -way reservation. For the purposes of Specific Plan No. 2, right -of -way has been reserved for future State Routes 23 and 118 and /or interim bypass arterial roadways, as well as community arterials and collector streets, and no other uses are permitted within the right -of -way reservation areas. B. Setbacks for Plugged Abandoned Oil Wells 1. Abandoned Once Producing Oil Wells Abandoned once producing oil well setbacks will be required in addition to compliance with all procedures as outlined in Construction Project Site Review and Well Abandonment Procedures document from Department of Conservation Division of Oil, Gas, and Geothermal Resources. Ordinance 262 Page 15 The required setbacks are 10 feet from the abandoned once - producing oil well to the structure and /or property line, limited to any two adjacent sides of the well, and within 50 feet from the property line and /or structure on the third side of the well. The fourth side of the well will always have an open access. 2. Abandoned Non - Producing Oil Wells. Structures can be built over abandoned non - producing oil wells provided that: a. The non - producing well will be re- abandoned using current standards b. Shall include a vent system as described in the Construction Project Site Review and Well Abandonment Procedures document from the Department of Conservation Division of Oil, Gas, and Geothermal Resources. C. Urban - Wildland Interface. All buildings and structures shall be constructed in accordance with the City's adopted Building Code and shall incorporate site planning criteria, landscaping and vegetation management techniques consistent with Chapter 8.0 of the adopted Specific Plan 2 and the Ventura County Fire Protection District's Fire Hazard Reduction Program. The project shall incorporate the recommended fuel modification plant materials as discussed in section 8.3.4 of the adopted Specific Plan. D. Hillside Manaaement. All Specific Plan No. 2 development projects within hillside areas, as defined in Chapter 17.38 of Title 17 of the City Municipal Code, shall comply with all of the procedures, standards, and findings contained in Chapter 17.38, unless the City Council determines that certain procedures, standards, and findings are not applicable to Specific Plan No. 2 development projects, consistent with the exemptions provisions contained in Section 17.38.030 of Chapter 17.38. Ordinance 262 Page 16 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) 6 -� I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 262 was adopted by the City Council of the City of Moorpark at a meeting held on the 6`h day of October, 1999, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Hunter NOES: None ABSENT: None ABSTAIN: Councilmember Wozniak Harper, Rodgers, and Mayor WITNESS my hand and the official seal of said City this 6th day of December, 1999. � � l Deborah S. Traffenste , City Clerk (seal)