HomeMy WebLinkAboutORD 265 1999 1006ORDINANCE NO. 265
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING AMENDMENTS TO
TITLE 17, ZONING, OF THE MUNICIPAL CODE OF THE
CITY OF MOORPARK, BY AMENDING CHAPTER 17.44
"ENTITLEMENT- PROCESS AND PROCEDURE" TO
INCORPORATE LANGUAGE RELATED TO DOWNTOWN SPECIFIC
PLAN DISCRETIONARY PERMITS, DEFINING NOTICE
REQUIREMENTS FOR SUCH PERMITS, AND CLARIFYING
APPEAL REQUIREMENTS; AND, AMENDING TABLE
17.20.060 TO PERMIT LIMITED RETAIL COMMERCIAL
USES WITHIN THE C -0 (COMMERCIAL OFFICE) ZONE ONLY
WITHIN THE DOWNTOWN SPECIFIC PLAN; AND, AMENDING
SECTION 17.16.080.B. REVISING THE PURPOSES OF THE
DOWNTOWN SPECIFIC PLAN OVERLAY ZONE
WHEREAS, at a duly noticed public hearing on September 1,
1999, the City Council considered the recommendations of the
Planning Commission concerning certain Zoning Code Amendments
which include: a) a Council initiated amendment to provide for
improved development application review and processing within
the Downtown Specific Plan area; and, b) a Council initiated
amendment to permit limited retail commercial uses within the C-
0 (Commercial Office) Zone only within the Downtown Specific
Plan area; and
WHEREAS, the Planning Commission of the City of Moorpark
considered the referenced amendments at duly noticed public
hearings as indicated herein and took the actions indicated
herein: a) Zoning Code Amendment 99 -07 related to permitting
limited retail commercial uses within the C -0 (Commercial
Office) Zone was considered by the Planning Commission on August
9, 1999, and Resolution PC -99 -380 was adopted recommending that
City Council approve said amendment; b) Zoning Code Amendment
99 -08 related to the processing of development projects within
the Downtown Specific Plan area was considered by the Planning
Commission on August 9, 1999, and Resolution PC -99 -381 was
adopted recommending that the City Council approve said
amendment;
Ordinance No. 265
Page 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 is amended by amending Chapter 17.44,
"Entitlement- Process and Procedures" as shown in Exhibit A,
attached hereto and incorporated herein by this reference;
SECTION 2. Table 17.20.060 of Title 17, Zoning, of the
Municipal Code of the City of Moorpark is amended as shown in
Exhibit B, attached hereto and incorporated herein by this
reference.
SECTION 3. Section 17.16.080.3 of Title 17 is amended to
read as follows:
"B. Specific Plan- Downtown (SP -D) Overlay Zone.
The purpose of this overlay zone is to provide
for special design standards and to control
uses within the downtown core area."
SECTION 4. If any section, sub - section, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this ordinance and each section, 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 5. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original 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 the Moorpark
Star, a newspaper of general circulation, as defined in Section
Ordinance No. 265
Page 3
6008 of the Government Code, for the City of Moorpark, and which
is hereby designated for that purpose.
PASSED AND ADOPTED this 6ind of October, 1999.
k Hun ter, Mayor
ATTEST:
Deborah S. Traffenste , City Clerk
ATTACHMENTS:
Exhibit A: Table 17.20.060, amended
Exhibit B: Chapter 17.44, amended
Ordinance No. 265
Page 4
Chapter 17.44
ZNTITLJM(ZNT - PROMS AND
PROCl UMS
17.44.030 sNTITLRNZNT.
Subsection A.1. is amended by
adding (e) as follows:
e.(Added)Downtown Specific Plan
Discretionary Permits.
Discretionary permits within the
boundaries of the Downtown
Specific Plan that may be
required by this code for the
conversion of a residential
building or use to a commercial
use or to a commercial office
use, or, to provide entitlements
where a previous Planned
Development Permit has not been
issued, shall-be subject to the
review and approval of the
community development director.
Notice and hearing shall be
given in the same manner as that
required for an Administrative
Permit as set forth in Section
17.44.030.A.1.d. The director's
decision is subject to an appeal
period which shall end ten (10)
days after the director's
determination letter is rendered
pursuant to Section 17.44.060.
Plans similar in content and
information to those typically
required for a commercial
planned development permit shall
be prepared and submitted as a
portion of the application for
all discretionary permits within
the Downtown Specific Plan area
as established by this section.
17.44.040. tiling and processing
of application requests.
Subsection I is amended by
adding to the end of the
subsection the following
wording:
Fees for discretionary
applications to convert
residential buildings or uses to
commercial or commercial office
uses within the Downtown
Specific Plan area shall be
reduced from the fee established
by Resolution of the City
Council and shall not exceed
more than one -half of the
established fee for such
application, or, the fee shall
not exceed the actual cost of
the processing of the
application to its completion,
whichever is less.
17.44.050 Notice and hearing
procedure.
Subsection A.3.d. is amended to
read as follows:
The owners of real property
situated within a radius of one
thousand (1,000) feet, with the
exception of discretionary
permits identified by Section
17.44.030.A.1.e. within the
Downtown Specific Plan area, or
a variance request associated
with one (1) single - family
residential dwelling unit, each
of which shall have a distance
requirement of three- hundred
(300) feet of the exterior
boundaries of the assessor's
parcels) which is the subject
of the application. Names and
addresses shall be obtained by
the applicant from the latest
equalized assessment roll. If
the number of owners exceeds one
thousand (1,000), a one- eighth
page advertisement published at
least ten (10) days prior to the
hearing in a newspaper of
general circulation may be
substituted for the direct
mailing.
EXHIBIT q
Ordinance No. 265
Page 5
17.44.090 Appeals.
Subsections A and C are amended
to read as follows:
A. General. Unless otherwise
prescribed by this subsection,
an application for an appeal
concerning any order,
requirement, permit or decision
made in the administration of
this title may be filed by an
aggrieved party within fifteen
(15)day3 after the alleged
decision - making error, or on the
following work day if the
fifteenth day falls on a weekend
or holiday.
An application for appeal from
the decision of the community
development director or the
administration of the
application process for
applications referenced within
Section 17.44.030.A.1.e may be
filed within ten (10) days.
Fees for such appeals shall be
one -half the appeal fee
contained within the fee
schedule established by
resolution of the City Council.
Approval of a Zone Clearance'or
other ministerial approvals are
not appealable other than by the
applicant of the ministerial
approval. Included within this
section are appeals of the
director of community
development's refusal to accept
or process an application until
the applicant has paid all
outstanding fees and charges in
accordance with subsections
A, (I) (1) and (I) (3) of Section
17.44.040.
Decisions made regarding
enforcement reports, which are
not a part of this title, are
not appealable.
In hearing and deciding an
appeal of the director of
community development's refusal
to accept an application for the
reasons cited herein, the
planning commission shall
consider the correctness of the
amount of the outstanding debt
or charge and whether the debt
or charge is owed by the
appellant, if such issues are
raised by the appellant.
C. Appeal Period. The appeal
period for appeals to city
decision - making authorities
shall end fifteen (15) days, or
in the case of permits
referenced by Section
17.44.030.A.1.e ten (10) days,
after the decision being
appealed is rendered pursuant to
Section 17.44.060, or on the
following work day if the last
day of the appeal period falls
on a weekend day or holiday.
Ordinance No. 265
Page 6
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
C2
CO C1 CPD M1 M2 I C -OT
Airfields and landing pads and strips, private O O O
Airports O O
Alcoholic beverage"
Establishments selling beer and/or wine with an eating place 0 0 0 0 0 0
Establishments selling alcoholic beverages other than beer
and wine with an eating place 0 Q 0 Q
Amusement and recreational facilities (see definitions in Ch. 17.08) • O •
Amusement parks and carnivals O O
Arcades O O
Batting cages and golf driving ranges, indoor
Bicycle racing tracks, outdoor
Health club /gymnasium (see definitions)
Martial arts and dance studios
Motion picture theaters, outdoor (drive -in)
Racetracks (for motorized vehicles), shooting ranges and stadiums
Art galleries, museums and artisan workshops
Automobile repair, Including component repair
Automobile service stations
Banks and related financial offices and institutions
Barber, hairstylists, manicurists
Tanning centers
Bars, taverns and nightclubs'
Botanical gardens
Care facilities: For 7 or more persons' (see also H &SC and W &IC)
Days
Intermediate and residential
Care facilities: For 9• or more persons (Day)
Car washes, self - service or automatic
Cemeteries, columbaria and mausoleums
Crematoria, accessory
Churches, synagogues and other buildings used for religious worship'
Clubhouses
With alcoholic beverages
Club projects, temporary outdoor
(Mootprk 12.98) 314
0
O
O
O
PROHIBITED
•
•
O
O
O
O
O
r
Al
u
•
•
•
O
•
r•\
O
O O
O O
O O
O O O
O O O
O O
EXHIBIT B
O
•
O
O
O
O
O
O
O
•
•
O
O
•
O
•
O
O
O
•
O
O
O
O
O
r
Al
u
•
•
•
O
•
r•\
O
O O
O O
O O
O O O
O O O
O O
EXHIBIT B
Ordinance No. 265
Page 7
Crop production`
Firewood operations
Uses and structures, accessory
Dwelling, farm worker (maximum one per lot)
Fuel storage`
Offices
17.20.060
C2
CO C1 CPD M1
M2
O
O
O
O
O
O
314-1 (Moorpark 9-97)
Ordinance No. 265
Page 8
17.20.060
C2
CO
C1 CPD
M1
M2
I
C -OT
Communications facilities
O
O O
O
O
O
O
Radio and television broadcasting stations
O
•
•
O
O
Conference center /convention center
O
O
Contractor service and storage yards and buildings
•
Crop production'
Firewood operations
O
O
Uses and structures, accessory
Dwelling, farm worker (maximum one per lot)
O
O
Fuel storage'
Offices
O
O
Packing, preliminary processing, or storage of crops: Without
structures`
Produce stands, retail'
Dog and cat grooming
•
O
Dressmaking and tailor shops
•
Drilling, temporary geologic (testing only)
O
O
Dwelling for superintendent or owner
N
Dwelling, caretaker
O
Education and training
Colleges and universities
O
•
O
Schools: Elementary and secondary (nonboarding only)2'
•
• •
•
•
O
Schools: Professional, vocational, art, craft and self - improvement
O
O •
•
O
Energy production from renewable sources
O
O
Festivals and similar events, temporary outdoor
O
O
A
Government buildings. excluding correctional institutions
•
• •
•
O
Fire stations
•
• •
O
O
O
Libraries and information center
Q
Grading'
Within an overlay zone
SEE CHAPTER 17.36
Grading not in conjunction with a development project
Less than 5,000 cubic yards
More than 5,000 cubic yards
O
Health club /gymnasium (see definitions)
•
Health services such as professional offices and outpatient clinics
•
• •
O
O
Ambulance services
O
•
•
O
Hospitals
O
O
O
Pharmacy, accessory retail, for prescription pharmaceuticals only
•
• •
Hotels, motels and bed- and - breakfast inns
•
•
Kennels (animal hospitals, boarding and grooming - -small animals)
O
Laboratories: research and scientific
•
•
Medical and dental
•
•
•
•
Laundry service (laundromats)
Q
Laundry service (light)
•
Libraries and information center
•
• •
0
Manufacturin¢ associated with crafts and artisans
Assembly, exhibits, demonstration
O
Manufacturing industries
Apparel and related products
•
•
Dressmaking and tailor shops
• •
315
(Moorp.,rt 12 -98)
ordinance No. 265
page 9
(Moorpark 1296) 316
C2
CO CI CPD
M1
N12 I C -OT
Chemicals, gases and related products (see definitions), excluding
nerve gas
Drugs, pharmaceuticals, perfumes, cosmetics and the like
•
•
Soaps, detergents and cleaners
Electrical and electronic machinery, equipment and supplies
•
•
Batteries
O
Household appliances
O
•
Transmission and distribution equipment, and industrial apparatus
O
•
Food and related products
O
•
Alcoholic beverages
Bakery products
•
•
Meat, seafood and poultry packing plants
O
Slaughtering; refining and rendering of animal fats and oils
Sugar refining
Furniture and related fixtures
•
Instruments: measuring, analyzing and controlling
•
•
Jewelry, silverware and plated ware
•
•
Laundry service — laundromats"
Laundry service — light"
Laundry service — heavy"
Leather and leather products
•
•
Tanning, curing and finishing of hides and skins
Lumber and wood products and processes
•
Cabinet work
•
•
Plywood, particleboard and veneer manufacture; wood preserving
Sawmills and planing mills
Machinery, except electrical
•
Office, computing and accounting machines
•
•
Metal industries, primary
Rolling, drawing and extruding
O
Metal products, fabricated
•
Ammunition
Machine shops
•
•
Plating, polishing, anodizing, engraving and related operations
O
•
Musical instruments. including pianos and organs
•
•
Paper and related products
Products from paper and paperboard, including containers
•
•
Pens, pencils and other office and artists' materials
•
•
Personal goods
•
•
Petroleum refining and related industries
Photographic, medical and optical goods, and watches and clocks
•
• O
Printing, publishing and related industries
•
•
Print shops (up to 1,500 sq. ft. of gross floor area)
Rubber and plastics products
O
Tire retreading and recapping
•
Signs and advertising displays
•
•
Stone, clay and glass products
O
Asbestos products
Cement, concrete and plaster, and products fabricated therefrom
O
Glass and glassware, pressed and blown, including flat glass
(Moorpark 1296) 316
Ordinance No. 265
Page 10
Glass products, made of purchased glass
Rock crushing and sandblasting plants
Textile mill products
Tobacco products
Toys and amusement, sporting and athletic goods
Transportation equipment
Motorcycles, bicycles and related pans
Martial arts and dance studios
Mineral resource development
Mining and accessory uses'
Less than 9 months in duration
Public works maintenance
Oil and gas exploration and production'
Motion picture and TV production, and related activities and structures
Temporary (maximum 47 days in any 180 -day period)''
Offices: business, professional and administrative, except health and
veterinary
Optical goods
Organizations (professional, religious, political, labor, trade,
youth, etc.)
Parks — public
Parking lots
Pharmacy, accessory retail, for prescription pharmaceuticals only
Photocopy /quick printers
Photofinishing (1 -hour photo)
Pipelines and transmission lines, aboveground
Produce stands, retail
Propulsion (engine) testing
Public utility facilities'
Offices only
Service yards
Recording studios and sound stages
Rental and leasing of durable goods
Bicycle rental
Repair and reconditioning services
Automobile body work and painting
Automobile repair, including component repair
Electrical and electronic machinery and equipment
Heavy machinery repair, including trucks, tractors and buses
Instruments, including musical instruments
Office, computing and accounting machines
Photographic and optical goods
Repair of personal goods such as jewelry, shoes and saddlery
Restaurants, cafes and cafeterias
Restaurants, cafes and cafeterias' temporary outside eating
Retail trade (see definitions in Chapter 17.08) includes retail -only
nurseries and excludes lumber and building materials sales yards,
pawnshops and liquor stores
Outdoor sales area
Outdor sales area temporary
Antiaue store
317
17.20.060
C2
CO C1 CPD M1 M2 I C -OT
• •
•
•
•
O
•
C
O O
• •
A-
O
•
•
O
•
O
O
O
O
•
O
O
O
O
O
•
•
•
•
O •
O
O
• O D
•
•
O
O O O
• O •
• O
O
O
•
O
•
•
•
•
•
•
•
•
0
Woorpwk )2.98)
O
O
O
O
O
O
O
O O
O
O
O
O
O
O O
• •
A-
O
•
•
O
•
O
O
O
O
•
O
O
O
O
O
•
•
•
•
O •
O
O
• O D
•
•
O
O O O
• O •
• O
O
O
•
O
•
•
•
•
•
•
•
•
0
Woorpwk )2.98)
O
O
O
O O
• •
A-
O
•
•
O
•
O
O
O
O
•
O
O
O
O
O
•
•
•
•
O •
O
O
• O D
•
•
O
O O O
• O •
• O
O
O
•
O
•
•
•
•
•
•
•
•
0
Woorpwk )2.98)
Ordinance No. 265
Page 11
Retail trade (see definitions)
Christmas tree sales'
Feed stores
Lumber and building materials sales yards
Mail order houses (nonstore)
Motor vehicle, mobilehome, recreational vehicle and boat dealers'
Nurseries
Uses and structures, accessory
Outdoor sales and services, temporary' (see definitions)
Repair of products retailed
Salvage yards, including automobile wrecking yards
Service establishments
Business (see definitions)
Auction halls, not involving livestock
Disinfecting and exterminating services
Exhibits, building of
Sign painting and lettering shops
Personal (see definitions)
Signs (See also Section 17.20.040 and Chapter 17.40)
Freestanding off -site advertising signs
Swap meets
Taxidermy
Transportation services (see definitions)
Bus and train terminals
Stockyards, not primarily for fattening or selling livestock
Truck storage, overnight
Trees and native vegetation: removal, relocation or damage`
Within an overlay zone
Uses and structures, accessory
Dwelling, for superintendent or owner
Dwelling, caretaker
Game machines: three or fewer
Recreational facilities, restaurants and cafes: for employees only
Retail sale of products manufactured on -site
Temporary buildings during construction'
Vaccination clinics, temporary, for pet animals'
Veterinary clinics, pet animals only'
Warehousing and storage, including ministorage
Automobile impound yards; dead storage of trucks, buses and the like
Building materials, movers' equipment and the like: indoor
Outdoor
Fertilizer and manure
Hazardous materials; including pesticides and herbicides
Petroleum and gas (butane, propane, LPG, etc.); explosives and
fireworks
Recreational vehicles
Storage of building materials, temporary'
Waste treatment and disposal (see definitions)
Recycling facilities and centers
Water production, storage and distribution facilities: Private purveyors`"
(Moorpark 12.98) 318
C2
CO C1 CPD MI M2 I C -OT
O
O O
• •
O
O
SEE PRINCIPAL USE
•
SEE CHAPTER 17.36
SEE PRINCIPAL USE
O O O O
O O
•
O
O
•
O
O
O
O
O
O O
O
•
•
O
O
O
O
O
O
•
O
•
O
O
•
SEE CHAPTER 17.36
SEE PRINCIPAL USE
O O O O
O O
• •
•
O O
•
O
O O
O
♦
• •
•
O
•
O
O O
O
♦
♦
O
Ordinance No. 265
Page 12
Wholesale trade
Zoological gardens, animal exhibits and commercial aquariums
1720060
C2
CO C1 CPD M1 X12 I C-OT
40 . •
O p
Notes for Table 17.20.060:
1. There are specific regulations for this use; see Chapter 17.28
2. If there is an existing planned development permit for the site, the school facility could be permuted by approval
of a modification to the existing permit.
3. For M -I, M -2 and C -O zones, a school facility would only be permitted where sponsored by or permitted within
an industrial or commercial use on the same site.
4. See also Section 17.20.040.
5. Churches located in existing buildings with an approved planned development permit will require a modification
to that permit.
6. If existing industrial building has approved IPD, restaurant will require approved minor modification to IPD.
7. Restaurants with temporary outside eating facilities shall receive a modification to the planned development permit.
8. Most public water facilities are exempt from these regulations.
9. The establishment must be an otherwise permitted or conditionally permitted use in the zone.
10. Applicable only to those properties within the boundaries of the Downtown Specific Plan Overlay Zone that
have a base zoning of CO.
(Ord. 247 § 1(E), 1998: Ord. 234 § 2, 1997; Ord. 233 § 3, 1997; Ord. 209 § 3, 1995, Ord. 200 § 3 (part), 1994; Ord.
189 § 3 (8105 -5), 1994)
318-1 (Moorpuk 1298)
Ordinance No. 265
Page 13
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Ordinance No. 265 was adopted by the City Council of
the City of Moorpark at a meeting held on the 61h day of October
1999, and that the same was adopted by the following vote:
AYES: Councilmembers Evans, Harper, Rodgers, Wozniak,
and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 21S` day
of December, 2000.
G. ..�
Deborah S. Traffensted , City Clerk
(seal)