HomeMy WebLinkAboutAG RPTS 2001 0924 PC REG (2)MOORPARK
f 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
PLANNING COMMISSION
MEETING AGENDA
September 24, 2001
7:00 p.m.
Next Resolution No. PC- 2001 -414
1) CALL TO ORDER:
2) PLEDGE OF ALLEGIANCE:
3) ROLL CALL:
Janice Parvin, Chairperson
William F. Otto, Vice Chairperson
Mark DiCecco
Paul Haller
Kipp Landis
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Any member of the public may address the Commission during the Public Comments
portion of the Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion
item. Speakers who wish to address the Commission concerning a Public Hearing or
Presentations /Action /Discussion item must do so during the Public Hearing or
Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be
received by the Secretary for Public Comment prior to the beginning of the Public
Comments portion of the meeting and for Presentation /Action /Discussion items prior to the
beginning of the first item of the Presentation /Action /Discussion portion of the Agenda.
Speaker Cards for a Public Hearing must be received prior to the beginning of the Public
Hearing. A limitation of three minutes shall be imposed upon each Public Comment and
Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be
imposed upon each Public Hearing item speaker. Written Statement Cards may be
submitted in lieu of speaking orally for open Public Hearings and
Presentation /Action /Discussion items. Copies of each item of business on the agenda are
on file in the office of the Community Development Department/Planning and are available
for public review. Any questions concerning any agenda item may be directed to the
Community Development Department at 517 -6228.
In compliance with the Americans with Disabilities Act, if you need assistance to participate
in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification
48 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II).
010924 -pca 9/20/015:24 PM
OPacket to CM OPacket to CC
PATRICK HUNTER CLINT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE JOHN E. WOZNIAK
Mayor Mayor Pro Tern Counalmember CoundIrnember Councilmember
ITEM (i�2-
Planning Commission, City of Moorpark, California
Minutes of September 10, 2001
Page 1 of 6
The Regular Meeting of the Planning Commission was held on
September 10, 2001, in the City Council Chambers, Moorpark Civic
Center, 799 Moorpark Avenue, Moorpark, California 93021.
1) CALL TO ORDER:
Chairperson Janice Parvin called the meeting to order at
7:05 p.m.
2) PLEDGE OF ALLEGIANCE:
Vice Chairperson William Otto led the Pledge of Allegiance.
3) ROLL CALL:
Janice Parvin, Chairperson
William F. Otto, Vice Chairperson
Mark DiCecco
Paul Haller
Kipp Landis
All Commissioners were present at
attending the meeting included Wayne
Community Development, John
Manager /Advanced Planning, Walter Bi
Laura Stringer, Senior Management
LaFleur, Administrative Secretary.
the meeting. Staff
Loftus, Director of
Libiez, Planning
-own, City Engineer,
Analyst, and Celia
4) PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None
5) REORDERING OF, AND ADDITIONS TO THE AGENDA:
None
6) CONSENT CALENDAR:
A) Planning Commission Minutes of August 27, 2001
MOTION: Commissioner Landis
seconded a motion
August 27, 2001.
moved and Commissioner Otto
to approve the minutes of
Motion passed with a unanimous 5:0 voice vote.
M: ICLafleuAWC- minutes12001minutes1010910 - pcm.doc010910 -pcm 9/20/013:21 PM
Planning Commission, City of Moorpark, California
Minutes of September 10, 2001
Paae 2 of 6
7) PUBLIC COMMENTS:
None
8) PUBLIC HEARINGS:
None
9) DISCUSSION ITEMS:
A) Conduct a Public Workshop Related to Recreational
Vehicle Parking; Zoning Ordinance Amendment 2001.01
(Applicant: City of Moorpark) . Staff Recommendation:
1. Open the workshop; staff presentation; accept
public comments; 2. Provide staff direction as to
preferred inclusions to Recreational Vehicle Storage
Ordinance and set ordinance for public hearing before
the Planning Commission on September 24, 2001.
Mr. Loftus, Director of Community Development opened
the discussion item by providing background
information relating to the purpose and intent of this
proposed zoning ordinance amendment.
Mr. Libiez, Planning Manager provided the staff
presentation. Reference: Staff Report 'dated September
71 2001. Mr. Libiez introduced the topics of
consideration and staff's recommendation on each of
the following:
1. What vehicles or recreational equipment should be
included in the regulations?
2. How long should recreational vehicles be
permitted to park or be stored?
3. Where may a recreational vehicle be parked or
stored upon a lot?
4. Should the height of the recreational vehicle
stored be restricted?
5. What if any additional restrictions or criteria
should apply to recreational vehicle parking or
storage?
5.1 Paving
5.2 Fencing
5.3 Ownership of vehicles
5.4 Occupancy of the recreational. vehicle.
5.5 Encroachments
5.6 Vehicle registration /licensing
Planning Commission, City of Moorpark, California
Minutes of September 10, 2001
Page 3 of 6
5.7 Number of recreational vehicles permitted.
5.8 Utility services.
Commissioner Landis questioned staff about the type of
complaints that the City receives concerning recreational
vehicles and equipment.
Mr. Loftus replied adjacent property owners
that recreational vehicles were unsightly,
of residential lots did not have adequate
most residential lots are minimal in size
square feet), and under current code many cc
un- enforceable.
complaints were
and a majority
storage space,
(6, 000 - 7, 000
Dmplaints may be
Commissioner DiCecco said the first task would be to
identify vehicles or recreational equipment, which should
be included in the regulations. Commissioner Otto concurred
and said the homeowner needs know what is included under
the definition of recreational vehicles or equipment.
Commissioner Haller questioned why on- street parking was
not addressed. Mr. Libiez said that the issue of on- street
parking is addressed by the California Vehicle Code and
Title 10 of the Municipal Code.
Commissioner Landis initiated a discussion about the types
of recreational vehicles, referencing height, overall size,
and equipment maintenance.
Mr. Loftus said the focus of the proposed amendment
centered on the aesthetics of the community, giving
consideration to increasing screening or off -site storage.
Commissioner Landis commented that perhaps the homeowners
Covenants, Conditions and Restrictions could address issues
at concern. Mr. Libiez responded that the CC &R's are not
subject to enforcement by staff and that the City does not
track or enforce CC &R violators.
Commissioner Otto expressed his concern with the limited
opportunities for off -site storage. Mr. Loftus said that
the private sector is responsive, and the issue is widely
known and has not gone unnoticed. Consideration can be
Planning Commission, City of Moorpark, California
Minutes of September 10, 2001
Page 4 of 6
given to the phasing and implementation of these new
restrictions. Mr. Libiez added that the draft ordinance
will contain recommendations as to methods of approval and
zones where allowed.
Chair Parvin concurred with Commissioner Otto and added
that without a resolution to offer it was difficult to tell
the homeowners they were in violation.
Mr. Libiez opened the discussion on how long the
recreational vehicles should be permitted to park or be
stored. Mr. Libiez identified that 72 hours was staff's
recommendation and was reasonable for the purpose of
cleaning or for routine maintenance. Mr. Libiez added that
parking or storage for longer than seventy -two hours in a
front area or on street might be permitted subject to a
special vehicle sticker, or placard. Sticker programs tend
to be on an annual basis. Placards in general are issued on
a monthly basis. The total days in any calendar year is
frequently limited to sixty or ninety days and is prorated
for the portion of the year remaining, upon the date of
first application.
Commissioner Otto recommended 72 hours on- street parking of
recreational vehicles without any special permit; a placard
for 14 days within a one year period for the homeowner; a
placard for 30 days for an out- of -town visitor. Mr. Loftus
recommendation was 30 days total (annually) for owner and
visitor permits at the same address.
Mr. Loftus talked about staff's recommendation of an
Administrative Permit process to obtain approval to park
recreational vehicles /equipment permanently on -site, and
recommended it be treated like any accessory structure.
The Commission's discussion included issues concerning
setbacks, lot coverage and aesthetics, and whether a
recreational vehicle could be parked in the driveway where
a third car garage is permitted, providing that it would
not deny access to other required parking areas, or
preclude sight distance where required.
Planning Commission, City of Moorpark, California
Minutes of September 10, 2001
Page 5 of 6
Chairperson Parvin questioned if staff had any
recommendations concerning recreational vehicle rooftops
being viewed from adjacent properties. Staff commented that
in some instances the elevation differential would allow
roof views, but that judiciously placed landscaping could
reduce visibility.
The following was the consensus of the Commission, which
substantially concurred with staff recommendations.
a) A Temporary RV Parking Permit to allow 30 day parking
(annual permit);
b) Where parking is permitted in a residential zone it
must be aesthetically compatible;
c) Administrative Permit approval required with permanent
parking on any residential lot, agricultural lot, or
open space lot. Other permits for storage in commercial
or industrial zones;
d) Phasing to obtain compliance;
e) Paving shall be of a material to match existing when
driveway is expanded or which is aesthetically
appropriate; use of turf block is encouraged;
f) Fencing shall not prohibit sight distance; 6 foot high;
use of vegetation in conjunction is mandatory;
g) Use landscaping to soften /mask a recreational parking
area;
h) Connection to utility services not permitted except for
short periods for minor maintenance;
i) With the exception of limited RV parking in front
setbacks all RV's shall be placed where permanent
accessory structures would be permitted;
j) RV's in front areas limited to 6 foot height.
k) Staff indicated a lack of support for parking in front
setback areas.
10) ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mr. Loftus identified items that would be on the
Commission's Meeting Agenda of September 24, 2001. They
were RV Parking and Storage Ordinance, OSCAR Element
Update, Industrial Planned Development Permit No. 2000 -10;
and Appeal 2001 -05.
Planning Commission, City of Moorpark, California
Minutes of September 10, 2001
Paqe 6 of 6
11) ADJOURNMENT:
The meeting adjourned at 9:42 p.m.
Janice Parvin, Chairperson
ATTEST:
Celia LaFleur, Secretary to
The Planning Commission
ITEM v • A
CITY OF MOORPARK
PLANNING COMMISSION
AGENDA REPORT
TO: The Honorable Planning Commission
FROM: John Libiez, Planning Manager /Advanced JL- p
DATE: September 19, 2001 (PC Meeting of 9/24/2001)
SUBJECT: CONSIDER AN AMENDMENT TO THE CITY OF MOORPARK ZONING
ORDINANCE RELATED TO RECREATIONAL VEHICLE PARKING AND
STORAGE; ZONING ORDINANCE AMENDMENT 2001 -01.
BACKGROUND
The Planning Commission conducted a public workshop to consider
the content of a new recreational vehicle parking and storage
ordinance at their September 10, 2001, meeting.
Commission directed staff to prepare and return a draft
ordinance and resolution for hearing and possible recommendation
to the City Council. Both requested documents are attached for
Commission's review and action.
DISCUSSION
Commissioners should upon completion of the public hearing
provide any revisions or inclusions to the proposed ordinance so
that staff can prepare the final document for City Council
consideration. The previous staff reports and discussion items
including minutes will be forwarded to City Council as part of
their agenda packet.
The purposes of the new recreational vehicle parking and storage
ordinance are:
1) To improve and maintain the aesthetic qualities of the
various neighborhoods within Moorpark;
2) To allow development of recreational vehicle parking and
storage facilities within appropriate commercial and
industrial zones;
Zoning Ordinance Amendment 2001 -01
September 19, 2001
Page 2
3) To allow recreational vehicle parking and storage within
residential neighborhoods compatible with the community
character;
4) Establish reasonable standards for recreational vehicle
parking and storage consistent with the public health and
welfare of the community.
Key inclusions in the draft ordinance are summarized below:
• Definition: Emphasis was given to recreational vehicles
traditionally considered in such definition with off -road and
watercraft, along with their trailers, including utility and
equipment trailers.
• Use Table Modifications: The Use Tables in Chapter 17.20
have been suggested for modification to allow recreational
vehicle storage within OS, AE, RA, RE, R0, Rl and RPD zones
subject to an Administrative Permit; within CPD, M1 and M2
zones by City Council approved Conditional Use Permit.
• Criteria and Standards: The ordinance proposes that new
language be added to Chapter 17.28 to detail general
requirements for RV parking and storage; specific criteria and
standards for residential zones; and, provisions for extended
on- site /on- street and visitor parking permits.
• The draft ordinance includes a provision that would delay
enforcement and the effective date of the ordinance until
sixty days past its adoption. This would allow property
owners some time to bring their recreational vehicle parking
or storage into compliance with the ordinance.
Staff has not incorporated language within the draft ordinance
reflecting storage within front setback areas. As staff shared
with Commission previously, given the focus of community and
neighborhood aesthetics, it would not be staff's recommendation
or encouragement to include such use in the front setback. If
Commission wishes to direct inclusion of such use in the front
setback, the following language may serve as a framework on
which the Commission may wish to structure its recommendation.
• Recreational vehicles parked within a front setback area may
not block access to the entry to the required two (2) car
garage or covered parking, except that when a three (3) car or
S: \Community Development \Everyone \Zone Ordinance
Amendments \RVordStfRpt9.24.doc
Zoning Ordinance Amendment 2001 -01
September 19, 2001
Page 3
greater covered area exists, parking shall be permitted
provided that the two (2) car entry driveway is not blocked and
at least two (2) covered /enclosed spaces are accessible at all
times.
• Recreational vehicles exceeding a height of six feet (61) shall
not be parked within a front setback except as authorized
herein. Recreational vehicles six feet (61) or less in height
parked or stored within the front setback shall be covered by a
view obscuring cover and the area under and around the RV
continuously maintained free of debris and trash.
• Subject to review and approval of the director of community
development, the drive area, but not apron, may be expanded to
accommodate a recreational vehicle, provided that such vehicle
shall not be closer than three feet (3') to an abutting
property and that the three foot (3') area shall be landscaped.
The use of turf block for the parking location is encouraged.
Staff has determined that the proposed zoning amendment is
exempt from the provisions of the California Environmental
Quality Act (CEQA) as a Class 8 exemption.
STAFF RECOMMENDATION
1. Open the Public Hearing; accept public testimony; close the
Public Hearing;
2. Adopt Resolution PC -2001- recommending to the City
Council approval of an amendment to the Zoning Ordinance
defining standards and criteria for recreational vehicle
parking.
ATTACHMENT: 1. Resolution PC -2001- with Exhibit "'A ".
2. Excerpts from Moorpark Municipal Code in
legislative format
S: \Community Development \Everyone \Zone Ordinance
Amendments \RVordStfRpt9.24.doc
RESOLUTION NO. PC -2001-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF MOORPARK CONSIDER ADOPTION OF A
ZONING ORDINANCE AMENDMENT (ZOA- 2001 -01) TO
AMEND CHAPTERS 17.08, 17.20, 17.24, and 17.28
OF THE MUNICIPAL CODE RELATED TO PARKING AND
STORAGE OF RECREATIONAL VEHICLES WITHIN
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES;
(APPLICANT: CITY OF MOORPARK.)
WHEREAS, at duly noticed public hearings /workshops
conducted on September 10 and September 24, 2001, regarding
consideration of a proposed Zoning Ordinance Amendment; and,
WHEREAS, at each of the above referenced meetings, the
Planning Commission conducted public hearings /workshops, took
testimony from all those wishing to testify, and continued to
receive testimony at the September 24, 2001, meeting, at which
time the Planning Commission closed the public hearing; and,
WHEREAS, after review and consideration of the information
contained in the staff reports of record, along with testimony
received on September 10 and September 24, 2001, the Planning
Commission closed said hearing on September 24, 2001, and made a
recommendation to the City Council; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Based upon the project information presented to
the Planning Commission, including but not limited to, the staff
reports; staff and public testimony; the Planning Commission
hereby makes the following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. Zoning Ordinance Amendment 2001 -01 has been completed
in compliance with CEQA (Division 13 of the Public
Resources Code of the State of California) and the
City's CEQA Procedures.
2. The Planning Commission concurs that the proposed
textual amendment is categorically exempt under
Section 15308 of the CEQA Guidelines in that the
ATTACHMENT 1
Resolution No. PC -2001-
Page 2
textual amendment does not induce any additional
affects on the environment than the current text would
permit;
ZONE CODE AMENDMENT FINDINGS:
1. The approval of Zone Ordinance Amendment 2001 -01 will
provide clarity, direction and qualitative basis for
regulating parking and storage of recreational
vehicles.
SECTION 2. The Planning Commission hereby recommends that
the City Council consider adoption of an ordinance to amend the
City Zoning Ordinance by amending Chapters 17.08, 17.20, 17.24
and 17.28 as shown on Exhibit A attached hereto and incorporated
by this reference.
THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE
FOLLOWING ROLL CALL VOTE:
AYES:
NAYES:
ABSENT:
ABSTAIN:
PASSED, APPROVED, AND ADOPTED THIS 24th DAY OF SEPTEMBER 2001.
Janice Parvin, Chairperson
ATTEST:
Celia LaFleur
Administrative Secretary
Attachment:
Exhibit A. Zoning Ordinance Amendment,
17.20, 17.24 and 17.28
Chapters 17.081
SACommunity Development\Everyone\Zone Ordinance Amendments\ZOA2001 -01 reso RV Chap 17.08.20.24.28.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING TITLE 17 ZONING, CHAPTERS
17.08, 17.20, 17.24 AND 17.28 RELATED TO THE
PARKING AND STORAGE OF RECREATIONAL VEHICLES,
AS DEFINED BY SAID AMENDMENT, WITHIN SPECIFIED
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES
WITHIN THE CITY.
WHEREAS, the City Council has determined that a need exists
to provide adequate standards and regulations concerning the
parking and storage of recreational vehicles within the various
zones of the City; and
WHEREAS, the City Council has determined that standards and
regulations affecting recreational vehicle storage are necessary
to ensure the public health, safety and welfare within the
various neighborhoods; and
WHEREAS, the Planning Commission conducted a duly noticed
public workshop on recreational vehicle parking and storage at
its September 10, 2001 regular meeting; and.
WHEREAS, the Planning Commission conducted a duly noticed
public hearing on September 24, 2001, to consider an ordinance
regulating recreational vehicle parking and storage and adopted
Resolution PC -2001- recommending that the City Council
consider and adopt an amendment to Title 17 as contained in
Exhibit "A" to that resolution; and
Whereas, the City Council on r 2001 conducted a
public hearing, took public testimony, closed the hearing, and
reached its decision;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 17.08.010 is amended by deleting the
current definition of recreational vehicles and inserting the
following:
" Recreational vehicle" shall include but not be limited
to, motorhomes, fifth wheel trailers, campers, travel
trailers, boats, personal water craft along with their
transport trailers, off -road vehicles not registered for
EXHIBIT "A"
Ordinance No.
Page 2
street use and their transport trailers, utility trailers,
and mobile equipment trailers.
SECTION 2. 17.20.050, Table 17.20.050 "Permitted Uses
In Open Space, Agricultural and Special Purpose Zones" is
amended by adding the following use as indicated herein:
Use OS AE RA RE RO R1 R2 RPD
Dwellings, accessory uses
Recreational Vehicle _■ _■ ■ ■ _■ _■ _■
Storage
[■ = Administrative permit] Footnote refers to special standards
in Chapter 17.28.
SECTION 3. Section 17.20.060, Table 17.20.060
"Permitted Uses In Commercial and Industrial Zones" is amended
as indicated herein:
C2
Use CO C1 CPD M1 M2 I C -OT
Warehousing and storage
Recreational Vehicles'
[* = City Council approved Conditional Use Permit] Footnote
refers to special standards in Chapter 17.28.
Section 4. Section 17.24.060 subsection 17.24.060A.4.a
and subsection 17.24.060.A.4.b. are amended to read as follows,
and subsection 17.24.060.A.4.c is added as follows:
4. a. A trailer boat or other similar recreational vehicle
shall not be parked in the driveway within ten (10)
feet from the face of curb. Parking of a vehicle in
the side or rear yards (not in required setback areas)
shall be screened from view.
b. Motor vehicles shall not be parked within any front
yard or street setback, except that fully operative,
licensed and registered vehicles other than
recreational vehicles as defined by this Title, may be
parked in a driveway access to the required parking or
on a paved area adjacent to the driveway, as an
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Ordinance No.
Page 3
accessory use to the dwelling, and except as provided
elsewhere in this chapter.
c. At no time may more than fifty percent (500) of the
required front yard setback area be covered by
asphalt, concrete, or other hardscape materials used
for vehicle parking or as a vehicle driveway. The
vehicle parking or driveway area must be connected to
a public right -of -way through a city approved curb
approach.
Section 5. Chapter 17.28 is amended by adding thereto
Section 17.28.260 to read as follows:
17.28.260. Recreational Vehicle Parking and Storage
A. Recreational vehicles as defined herein shall be permitted as
follows:
For purposes of this section, storage shall be considered as
parking, stopping or lack of movement from a location for any
period of time in excess of seventy -two (72) hours:
1. General requirements:
a. Only within the zones specified in Table 17.20.050
and Table 17.20.060, subject to the approval of the
permits specified in said tables.
b. Within any interior side yard or rear yard, but not
closer than ten feet (10') to a public street, or
three feet (31) to any interior side or rear
property line.
C. Only upon a paved parking pad as approved by the
director of community development.
d. A minimum six feet (6') high solid fence or wall
with landscape screening capable of obscuring view
of the vehicle shall be provided as approved by the
director of community development.
e. Gates shall be constructed of solid material and
shall not encroach upon or block any portion of the
public right -of -way when in the open position.
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Ordinance No.
Page 4
f. No recreational vehicle as defined by this code
shall be permitted for long term storage upon any
residential lot less than 5,000 square feet in
size.
g. Lighting shall be permitted consistent with Chapter
17.30 for commercial and industrial sites only.
h. Occupancy of any recreational vehicle as a dwelling
unit is prohibited except as authorized herein.
i. Industrial and commercial parking sites shall be
differentiated by pavement markings defining the
length and width of the boundaries of each space.
j. Industrial and commercial RV storage sites shall be
provided a landscaped area not less than fifteen
feet (15') in width between the front property line
and the wall adjacent to any right -of -way.
B. Recreational vehicle parking within residential zones shall
be permitted as follows:
1. On public streets and highways consistent with the
provisions of the California Vehicle Code 2001, or as
amended.
2. Upon property owned by or under the direct control of
the resident and when the property owner or resident
owns the parked or stored vehicle.
3. The recreational vehicle shall not encroach upon any
pedestrian walkways or rights -of -way, public or private.
4. Parking or storing any recreational vehicle as defined
herein on any portion of a residential lot shall be
subject to an Administrative Permit and shall be
processed as required by Chapter 17.44.
5. Except as otherwise provided herein, recreational
vehicles when stored on residential lots may be placed
only in the same location as an accessory structure may
be permitted.
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Ordinance No.
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6. Parking or storage of recreational vehicles over six
feet (6') in height within the front setback area shall
not exceed seventy -two (72) hours for purposes of
cleaning, servicing, loading and unloading.
7. Recreational vehicles shall not be connected to any
utilities, public or private including but not limited
to sewer, water, electricity, natural gas, and shall not
engage in the use of onboard generators, pumps or
similar devices except as necessary to complete
servicing or cleaning.
C. Extended On -site Parking and Visitor Parking Placard
1. The director of community development shall have the
authority to issue a temporary placard for the purposes
of permitting extended on -site parking for residents
within front setback areas; to permit visitor parking
within front setback areas; or, to permit visitor
parking upon public streets in excess of the seventy -two
(72) hour limitations of this chapter or any other
chapter of this code.
2. RV placard parking shall be limited to not more than
fourteen (14) calendar days within any one (1) calendar
year when such extended parking is meant to serve the
resident owner of the recreational vehicle.
3. RV placard parking shall be limited to not more than
thirty (30) days total per calendar year for purposes of
allowing visitors or guest recreational vehicle parking.
4. Approved placard shall be posted within the vehicle in
the driver's window or closest visible portion of the
unit to the public travel lane so that it is fully
visible at all times.
5. RV placards issued by the community development
department shall be subject to a fee as set forth by
resolution of the City Council.
6. Visitors receiving approval of a placard for extended
parking of an RV shall be required to present
verification of permanent residence at a location not
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Ordinance No.
Page 6
within the City of Moorpark and not closer than one -
hundred (100) miles to the city limits.
Section 5. The City Council in enacting this ordinance
recognizes that some properties upon which recreational vehicles
are currently parked may not be in full compliance with the
specific content of this ordinance. Therefore, this ordinance
shall not take effect until sixty (60) days after adoption to
allow property owners to come into full compliance.
SECTION 6. Violations of this ordinance shall be
considered an infraction and shall be prosecuted accordingly.
SECTION 7. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 8. 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 the 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 6008 of
the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this day of ,
Patrick Hunter, Mayor
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Ordinance No.
Page 7
ATTEST:
Deborah S. Traffenstedt, City Clerk
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Moorpark Municipal Code
Chapter 17.08
DEFINITIONS
Sections:
17.08.010 Application of definitions.
Section 17.08.010 Application of definitions.
Unless the provision or context otherwise requires, the definitions of words and terms as follows shall
govern the construction of this chapter:
"Abandoned vehicle" means a vehicle (as defined in the Vehicle Code) which is located on public or
private property without the expressed or implied consent of the property owner or person in lawful
possession or control of the property which has been deserted for a period of seventy -two (72) or more
consecutive hours or within twenty -four (24) hours if any portion of the street and/or highway is
necessary for cleaning, repair or construction of the highway, or for the installation of underground
utilities, and signs giving notice that the vehicle may be removed are erected or placed at least twenty -
four (24) hours prior to the removal of the vehicle.
"Abut" means to touch physically, border upon, or share a common property line with. Lots which
touch at corners only shall not be deemed abutting. "Adjoining" and "contiguous" shall mean the same as
abutting.
"Access" means the place or way by which pedestrians and/or vehicles shall have safe, adequate,
usable ingress and egress to a property or use.
"Accessory structure" means a detached structure located upon the same lot as the building or use to
which it is accessory, and the use of which is customarily incidental, appropriate and subordinate to the
use of the principal building or to the principal use of the lot.
"Accessory use" means a use customarily incidental, appropriate and subordinate to the principal use
of land or buildings located upon the same lot.
"Agriculture" means farming, including animal husbandry and the production and management of
crops (including aquatic crops) for food, fiber, fuel and ornament.
"Airfields, landing pads and strips" means aircraft landing strips or heliports for agricultural crop
dusting or personal use of the property owner or tenants, not available for public use, and with no
commercial operations. "Aircraft" means and includes helicopters, all fixed -wing airplanes, gliders, hang -
gliders and ultra -light aircraft.
"Alley" means a thoroughfare not more than thirty (30) feet wide, other than a public road or street,
permanently reserved as a secondary means of access to abutting property.
"Amortize" means to require the termination of (a nonconforming use or structure) at the end of a
specified period of time.
"Amusement and recreational facilities" means any facilities primarily designed for recreation such
as, but not limited to auditoriums, billiard and pool establishments, bowling alleys, community centers,
dancehalls, golf driving ranges, indoor motion picture theaters, miniature golf, parks and playgrounds.
"Animal husbandry" means a branch of agriculture for the raising or nurturing and management of
animals, including breeding, pasturing, ranching and sales of animals.
Animals, Farm. "Farm animals" means and includes horses, mules, burros, jacks, jennies, cows, bulls,
calves, heifers, sheep, lambs, llamas, alpacas, goats, swine, hogs, pigs and miniature specimens of these
animals (with the exception of any miniature horse which shall not exceed a height of thirty-eight (38)
inches in accordance with the American Miniature Horse Association's regulations for Class B horses),
and pot - bellied pigs (not to exceed a weight of one hundred ten (I 10) pounds, which are treated as
household pets), or other such animals as determined by the director of community development.
Animals, Pet. "Pet animals" means small domesticated animals such as dogs, cats and birds, which
are customarily kept for pleasure rather than utility.
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Animals, Wild. "Wild animals" means animals which are wild by nature and not customarily
domesticated in Ventura County. This definition does not include birds, small rodents or small,
nonpoisonous reptiles commonly used for educational or experimental purposes, or as pets.
Antenna, Ground- Mounted. "Ground- mounted antenna" means a device for transmitting or receiving
radio waves which rests on or is located in or anchored to the ground. "Ground- mounted antenna"
includes antennas supported by guy wires and similar mechanisms.
Antenna, Roof - Mounted. "Roof- mounted antenna" means a device for transmitting or receiving radio
waves which rests on or is located on the roof of any structure.
"Apiculture" means beekeeping, which includes one (1) or more hives or boxes occupied by bees
(hives or boxes include colonies), but does not include honey houses, extraction houses, warehouses or
appliances.
"Application requests" means and includes, but is not limited to, filings for zoning clearances,
permits, variances, appeals, suspensions, modifications and revocations, interpretations, amendments and
zone changes.
"Arcade" means a commercial amusement establishment containingfour (4) or more game machines,
electronic or otherwise, or similar amusement devices.
"Athletic field" means a level, open expanse of land intended to be used for organized team sports
such as baseball, football and soccer.
"Automobile impound yard" means a building or premises for the storage of motor vehicles, such as
impounded or repossessed vehicles, where such vehicles are intended to be stored for more than a twenty -
four (24) hour period. This definition shall not include automobile wrecking or salvage in any form.
"Automobile service station" means a commercial activity, both retail and service in character,
engaged in dispensing automotive fuels and motor oil; the sale and service of tires, batteries and other
automobile accessories and replacement items; and washing and lubrication services. Activities associated
with service stations do not include body and fender repair, painting or major motor repairs. This also
includes such aforementioned facilities that are in conjunction with a mini- market.
"Aviary" means any place where more than twenty -five (25) domestic birds are kept outside a
dwelling; or any commercial aviculture that does not meet all standards of Section 17.28.020B (Home
Occupations).
"Bathroom" means a sink, a toilet, and a bathtub or shower.
"Bed- and - breakfast inn" means a dwelling unit with one (1) family in permanent residence wherein
one (1) to five (5) sleeping rooms, and one (1) or more meals, are offered for compensation to overnight
guests.
"Belt course" means a projection of masonry or similar material around a building or part of a
building, which is attached to the building.
"Boardinghouse" means a dwelling unit with one (1) family in permanent residence, where all rooms
have internal access to one another, and wherein two (2) to five (5) rooms are rented to residents, with or
without daily meals.
"Borrow area" means an area where soil, sand, gravel or rock is extracted and removed for use as
fills, grades or embankments on property of a different ownership or noncontiguous property of the same
ownership.
"Building" means any structure having a roof supported by columns or walls and intended for the
shelter, housing or enclosure of persons, animals, chattel or property of any kind.
"Business services" means uses such as advertising agencies, blueprinting and photocopying,
computer and data processing services, coupon and trading stamp redemption services, drafting services,
employment agencies, laminating of photographs, packaging services and telephone answering services.
"Cabana" means a lightweight shelter containing an open side.
"Camp" means a rural facility with permanent structures for overnight accommodation and accessory
structures and buildings, which is used for temporary leisure, recreational or study purposes, and provides
opportunities for the enjoyment or appreciation of the natural environment.
"Campground" means a rural facility without permanent structures for overnight accommodation, but
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with limited accessory structures and buildings, which is used for temporary leisure or recreational
purposes and provides opportunities for the enjoyment or appreciation of the natural environment.
"Caretaker" means an employee who must be on the property for a substantial portion of each day for
security purposes or for the vital care of people, plants, animals, equipment or other conditions of the site,
and who does not have a possessory interest in the property.
"Carpool" means a vehicle occupancy of two (2) or more persons ages sixteen (16) years or older
commuting to or from work and/or school.
"Chemicals" means and includes such compounds as adhesives, explosives, fertilizers, industrial
gases, ink, lacquer, paints, pesticides, pigments and dyes, sealants, shellac, synthetic fibers, synthetic
resins, synthetic rubber, thinners and varnishes.
"Church" means a building in which a body or organization of religious believers may assemble for
worship.
"Clubhouse" means any building or premises used by an association of persons, organized for some
common purpose, but not including a gun club or an association or group organized to render, purchase or
otherwise make use of a service customarily carried on as a commercial enterprise.
"Commercial vehicle" means a vehicle of a type required to be registered under the provisions of the
California Vehicle Code and used or maintained for the transportation of persons for hire, compensation
or profit or designed, used or maintained primarily for transportation of property.
"Commission" means the city planning commission.
"Communications facilities" means and includes such uses and structures as radio and television
transmitting and receiving antennas, radar stations and microwave towers.
"Community center" means a meeting place where people living in the same community may carry
on cultural, recreational or social activities, but excluding any facility operated as a business or for
commercial purposes.
"Community development director" means the manager of the department of community
development of the city of Moorpark in Ventura County.
"Commuter" means any person who regularly travels by vehicle to or from work or school.
"Compatible use (T -P zone)" means any use which does not significantly detract from the use of the
property for, or inhibit, the growing and harvesting of timber. "Compatible use" includes the accessory
retail sale of Christmas trees.
"Conference center /convention center" means an urban facility for the assembly of persons for study
and discussion, which includes permanent structures for dining, assembly and overnight accommodation.
"Contractor's service and storage yard" means an open area, which may include garages and sheds,
for the storage of vehicles, equipment and materials which are associated with a contracting business or
operation, where sales, manufacturing and processing activities are specifically excluded.
"Day care educational facility" means a day care facility which provides the children with formal
training to stimulate or develop the mental or moral growth of the children.
"Day care facility" means any type of licensed group day care program, including care of the
developmentally disabled, nurseries for children of working parents, nursery schools for children under
school age, parent cooperative nursery schools, play groups for preschool children or programs covering
before and/or afterschool care for school children (also see definition for "family day care home ").
Decision, Administrative. "Administrative decision" means any decision made by the director of
community development, or his or her designee.
Decision, Discretionary. "Discretionary decision" means a decision requiring the exercise of
judgment, deliberation or decision on the part of the decision - making authority in the process of
approving or disapproving a particular activity, as distinguished from situations where the decision -
making authority merely has to determine whether there has been conformity with applicable statutes,
ordinances or regulations.
"Decision- making authority" means an individual or body vested with the authority to make
recommendations or act on application requests. The final decision - making authority is theone which has
the authority to act on a request by approving or denying it. This may include the director of community
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development or his designee, the planning commission, or the city council.
Decision, Ministerial. "Ministerial decision" means decisions approved by a decision - making
authority based upon a given set of facts in a prescribed manner in obedience to the mandate of legal
authority. In these cases, the authority must act upon the given facts without regard to its own judgment
or opinion concerning the propriety or wisdom of the act although the statute, ordinance or regulation
may require, in some degree, a construction of its language by the decision - making authority.
"Denial without prejudice" means denial of an application request based on the desire or intent of the
decision - making authority to not form an adverse opinion or judgement formed beforehand or without full
knowledge or complete examination of the facts.
"Denial with prejudice" means denial of an application request based on the desire or intent of the
decision - making authority to limit the filing of requests to use a specific property or structure for a
specific use. When an application is denied with prejudice, it is usually because two (2) or more similar
applications on the same property have recently been denied by the same decision - making authority.
"Domestic birds" means finches, myna birds, parrots and similar birds of the psittacine family,
pigeons, doves, ravens and toucans.
Drilling, Temporary Geologic. "Temporary geologic drilling" means bona fide temporary search and
sampling activities which, in the case of oil- related testing, use drilling apparatus smaller than that used in
oil production. Excluded from this definition is soil testing for wells, foundations, septic systems and
similar construction.
"Dwelling" means a building or portion thereof designed or occupied exclusively for residential
purposes.
Dwelling, Caretaker. "Caretaker dwelling" means a dwelling unit used by a caretaker, and his or her
family, employed and working on the premises.
Dwelling, Farm Worker. "Farm worker dwelling" means a dwelling unit used by a farm worker, and
his or her family, employed and working on or hired from the premises.
Dwelling, Multifamily. "Multifamily dwelling" means a building, or portion of a building, containing
three (3) or more dwelling units.
Dwelling, Single - Family. "Single- family dwelling" means a detached building constructed in
conformance with the Uniform Building Code, or a mobilehome constructed on or after June 15, 1976,
designed or used exclusively for occupancy by one (1) family and containing one (1) dwelling unit.
Dwelling, Two - Family. "Two- family dwelling" means a building containing two (2) separate
dwelling units.
"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 production from renewable sources" means any facility or installation such as a windmill,
hydroelectric unit or solar collecting or concentrating array, which is designed and intended to produce
energy from natural forces such as wind, water, sunlight or geothermal heat, or from biomass, for off -site
use.
"Expansion" means increasing the area or volume occupied by or devoted to a use, increasing the
living space or occupant capacity of a structure, or adding uses or structures accessory to a nonresidential
use or structure. The following are not considered to be expansion: the addition of unenclosed porches,
patio covers and the like; one (1) enclosed addition of not more than thirty (30) square feet to a dwelling;
and the addition of detached accessory structures not for human habitation as accessory to a dwelling.
"Family day care home" means a home which generally provides care, protection, and supervision of
twelve (12) 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:
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
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fewer children, including children under the age of ten (10) years who reside at the home.
"Farm worker" means a person principally employed for farm work.
"Fence" means an unroofed vertical structure which is intended primarily to serve as a visual screen
or as a physical enclosure around a building or yard area for security, containment or privacy, or to
indicate a boundary. This definition includes hedges, thick growths of shrubs, and walls used as screens,
but does not include windbreaks for the protection of orchards or crops, or city- approved enclosures for
the containment of wild animals.
Fence, See - Through. "See- through fence" means a chain link fence or any other type of fence that
permits at least fifty percent (50 %) open visibility throughout the fence.
"Festivals and similar events" means events such as amusement rides, animal events, art shows,
concerts, craft fairs, itinerant shows and religious revival meetings.
"Firewood operation" means any commercial operation involving the cutting, sawing or chopping of
wood in any form for use as firewood on property other than that on which the operation is located,
irrespective of where such wood is grown.
"Fish farm" means any lot or premises where aquatic animals, including mollusks and crustaceans,
are raised commercially in an area not enclosed by a building.
"General plan consistency" means compatibility and agreement with the general plan of the city of
Moorpark. Consistency exists when the standards and criteria of the city general plan are met or
exceeded.
"Government building" means a building, structure or other facility operated by a legally constituted
federal, state or local government authority, excluding a waste treatment facility.
"Grade" means adjacent ground level. For purposes of building height measurement, "grade" is the
average of the finished ground level at the center of all walls of a building, or other datum point
established by the division of building and safety.
"Gross floor area" means the area included within the surrounding exterior walls of all floors or levels
of a building or portion thereof, exclusive of vent shafts and courts.
"Gun club" means any building or premises where there are facilities of any sort for the firing of
handguns, rifles or other firearms.
"Gymnasium" means an indoor recreational or athletic facility for such uses as aerobics, gymnastics,
racquetball, swimming, skating rinks, tennis and table tennis, trampoline operations and weight training;
but not including amusement and recreational facilities as defined in this chapter.
"Hazardous material" means a substance, or combination of substances, which, because of its quantity
or concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute
to an increase in mortality or an increase in serious, irreversible or incapacitating, reversible illness; or
may pose a substantial present or potential hazard to human health or to the environment when
improperly used, handled, treated, stored, transported, disposed of or otherwise managed. A material may
be judged as hazardous if it is corrosive, reactive, ignitable or toxic.
"Hazardous waste" means a waste, or combination of wastes, which because of its quantity,
concentration, or physical, chemical or infectious characteristics may do either of the following:
1. Cause or significantly contribute to an increase in mortality or increase serious irreversible, or
incapacitating reversible illness;
2. Pose a substantial present or potential hazard to human health or environment when improperly
treated, stored, transported or disposed of, or otherwise managed.
Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include
extremely hazardous waste and acutely hazardous waste. (Reference: Section 25117 California Health
and Safety Code.)
"Hazardous waste facility" means all contiguous land and structures, other appurtenances, and
improvements on the land used for the treatment, transfer, storage, resource recovery disposal or
recycling of hazardous waste. A hazardous waste facility may consist of one (1) or more treatment,
transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or
combinations of those units. (Reference: Section 25117 California Health and Safety Code.)
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"Height" means the vertical distance from the adjacent grade to the highest point of that which is
being measured.
Height, Building. "Building height" means the vertical distance from the grade to the highest point of
a flat roof or mansard roof, or, in the case of a pitched or hip roof, to the "averaged midpoint," which is
arrived at by the drawing of two (2) imaginary lines between the finished main ridgeline peak and the top
of the two (2) exterior finished walls running parallel to the main ridgeline, adding together the vertical
heights of the midpoints of these two (2) imaginary lines, and dividing the result by two (2). The height of
an A -frame structure is the vertical distance from the grade or other datum point to the peak of the roof.
"High fire hazard areas" means certain areas in the unincorporated territory of the county classified by
the county fire protection district and defined as any areas within five hundred (500) feet of uncultivated
brush, grass or forest - covered land wherein authorized representatives of said district deem a potential fire
hazard to exist due to the presence of such flammable material.
"Home occupation" means any use customarily conducted entirely within a dwelling and carried on
by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for
dwelling purposes and which does not change the character thereof or does not adversely affect the uses
permitted in the zone of which it is a part (also see Chapter 5.88).
"Hospital" means a licensed institution providing in- patient care or overnight accommodations for
persons with illnesses, injuries, or other conditions, physical or mental, calling for medical treatment or
observation, including one (1) or more of the following basic services: anesthesia, laboratory, nursing,
pharmacy, radiology, rehabilitation or surgery.
"Hospital for large animals" means a facility providing acute veterinary care to horses or to cattle or
other farm animals.
"Hotel" means a building with one (1) main entrance, or a group of buildings, containingguest rooms
where overnight lodging with or without meals is provided for compensation.
"Inoperative vehicle" means a vehicle which is not fully capable of movement under its own power or
is not licensed or registered to operate legally on a public right -of -way. Tractors and similar farm vehicles
that are used on a lot containing an established agricultural operation and are capable of movement under
their own power are not considered to be inoperative vehicles.
"Institutional /public uses" means and includes public facility uses including government buildings,
libraries, fire stations, nonprofit organization buildings and community service centers, but excludes jail
facilities.
"Intermediate care facility" means a health facility which provides inpatient care to ambulatory or
nonambulatory patients who have a recurring need for skilled nursing supervision and need supportive
care, but who do not require continuous skilled nursing care. The term "intermediate care facility" shall
include intermediate care /developmentally disabled facilities for seven (7) or more persons, nursing
homes for seven (7) or more persons, rest homes and convalescent homes.
"Kennel" 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.
"Laundry service -- heavy" means establishments primarily engaged in the process of laundering, dry
cleaning or dyeing clothes or other materials. These services are typically provided for hospitals,
restaurants, and other retail or service providers and are not services available to the general public.
"Laundry service -- laundromats" means self - service cleaning facilities which do not involve the use of
dry cleaning chemicals.
"Laundry service -- light" means establishments primarily engaged in the process of laundering, dry
cleaning or dyeing cloths or other materials. Typical uses include dry cleaning stores.
"Lot" means an area of land having fixed boundaries.
"Lot area" means the total area, measured in a horizontal plane, within the lot lines of a lot.
Lot, Corner. "Corner lot" means a lot situated at the intersection of two (2) or more streets or
highways.
"Lot depth" means the mean horizontal distance between the front and rear lot lines, measured in the
mean direction of the side lot lines.
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Lot, Interior. "Interior lot" means a lot other than a corner lot.
Lot, Legal. "Legal lot" means a lot which met all local subdivision ordinance and Subdivision Map
Act requirements when it was created and which can lawfully be conveyed as a discrete unit separate
from any contiguous lot; or a lot which has been issued a certificate of compliance or conditional
certificate of compliance pursuant to the Subdivision Map Act and the city subdivision ordinance and
which can lawfully be conveyed as a discrete unit separate from any contiguous lot.
Lot Line.
1. "Front lot line" means a line separating an interior lot from a street, or a line separating the
narrower street frontage of a corner lot from the street, except for L- shaped lots.
2. "Rear lot line" means:
a. Rectangular lots: A lot line which is opposite and most distant from the front lot line.
b. Triangular and irregularly shaped lots: a line ten (10) feet long within the lot, opposite and most
distant from the front lot line, which is parallel to the front lot line or parallel to the chord of a curved
front lot line, where such chord is drawn perpendicular to the mean direction of lot depth.
3. "Side lot line" means any lot boundary line which is not a front lot line or a rear lot line.
Lot, Reverse Corner. "Reverse corner lot" means a corner lot, the rear of which abuts the side of
another lot.
Lot, Through. "Through lot" means a lot other than a corner lot having frontage on two (2) parallel or
approximately parallel streets.
"Lot width" means the distance between the side lot lines measured at the front setback.
"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" means 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
and safety, or the preservation of public facilities and structures. Said uses include such operations as
cleaning out and aligning of channels and floodways, removing material to avert potential landslides, and
accessory processing such as stockpiling, sorting, screening, washing, crushing and batching of on -site
material.
"Mobilehome" means a structure, transportable in one (1) or more sections, which when erected on-
site measures eight (8) body feet or more in width and thirty-two (32) body feet or more in length, and
which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent
foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning
and electrical systems contained therein.
"Motel" means one (1) or more buildings containing guest rooms with one (1) or more such rooms or
units having a separate entrance providing entry directly from the outside of the building or from an inner
court. Such facilities are designed, used or intended to be used, rented or hired out for temporary or
overnight accommodations for guests, and are offered primarily to automobile tourists or transients by
signs or other advertising media. "Motel" includes auto courts, motor lodges and tourist courts.
"Motion picture and television production" means all uses related to the production of motion pictures
and television film and tape, including motion picture and television stages; exterior sets; laboratories;
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construction, repair and storage facilities; caretaker and temporary housing; all vehicles used to transport
this equipment and other related commercial vehicles; and accessory fabrication activities.
"Nonconforming structure" means a structure or portion thereof which was lawfully erected or altered
and maintained, which, solely because of revisions in development standards of this title dealing with lot
coverage, lot area per structure, height and setbacks, no longer conforms.
"Nonconforming use" means a use which was lawfully established and maintained but which,
because of the application of this title (1) is no longer permitted in the zone in which it is located; or (2) is
no longer in conformance with the parking requirements of the use in the zone in which it is located.
"Oil and gas exploration and production" means the drilling, extraction and transportation of
subterranean fossil gas and petroleum, and necessary attendant uses and structures, but excluding refining,
processing or manufacturing thereof.
"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 sales and services, temporary" means such temporary outdoor uses as sidewalk sales
(except swap meets), seasonal sales and auctions.
Parcel. For the purposes of this title, the word "parcel" shall have the same meaning as the word "lot"
and the two (2) words shall be synonymous.
"Park" means an area of land available for public use, at least seventy -five percent (75 %) of which is
landscaped or otherwise left in a natural state, and which does not involve off -road motor vehicle uses of
any kind.
"Parking lot" means an off - street parking facility containing four (4) or more parking spaces.
"Periodic outdoor sporting events" means recreational events or activities, other than spectator -type
animal events, which require a natural environment, are carried on by one (1) or more organized groups
of people, and do not involve structures, motorized vehicles, aircraft or firearms.
"Person" means any individual, organization, partnership, or other business association or
corporation, including any utility, and any federal, state, local government, or special district or an agency
thereof.
"Personal goods" means items such as bristle goods, umbrellas, grooming items and tobacco
paraphernalia.
"Personal services" means enterprises serving individual necessities, such as barber shops, beauty
salons and spas, clothing rental, coin - operated laundromats, funeral homes, marriage bureaus, massage
services by masseurs /masseuses, personal laundry and dry cleaning establishments, photographic studios,
tattoo parlors and travel agencies.
"Petroleum refining" means oil- related industrial activities involving the processing and/or
manufacture of substances such as: asphalt and tar paving mixtures; asphalt and other saturated felts
(including shingles); fuels; lubricating oils and greases; paving blocks made of asphalt, creosoted wood
and other compositions of asphalt and tar with other materials; and roofing cements and coatings.
"Pony" means a mature small horse or a young horse under fifty -eight (58) inches high at the
shoulder.
"Preliminary processing" means basic activities and operations instrumental to the preparation of
agricultural goods for shipment to market, excluding canning or bottling.
"Private road or street" means any road, street or thoroughfare of whatever nature, privately
maintained which may or may not be open to the use of the public for the purpose of vehicular travel.
"Produce stand" means a detached accessory structure used to sell raw, unprocessed fruits,
vegetables, nuts and seeds, and flowers and ornamental plants.
"Public road or street" means any road or street or thoroughfare of whatever nature, publicly
maintained and open to the use of the public for the purpose of vehicular travel.
"Recreational vehicle"
1
shall include but not be limited to, motorhomes,
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fifth wheel trailers, campers, travel trailers, boats, personal water craft along with their transport trailers,
off -road vehicles not registered for street use and their transport trailers, including utility trailers and
mobile equipment trailers..
"Recreational vehicle park" means any area of land developed primarily for temporary use by
recreational vehicles for which utility connections (sewer, water, electricity) are provided.
"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.
"Rest home" means a licensed facility where lodging, meals, nursing, dietary and other personal
services are rendered for nonpyschiatric convalescents, invalids and aged persons for compensation.
Excludes cases of contagious or communicable diseases, and surgery or primary treatments such as are
customarily provided in sanitariums and hospitals.
"Retail trade" means businesses such as auto supply stores, book and stationery stores, camera shops,
clothing and fabric stores, department and variety stores, drugstores, florists, food stores, furniture stores,
gift and novelty shops, hardware and paint stores, home furnishings stores, household appliance stores,
jewelry stores, liquor stores, music stores, newsstands, pet stores, shoe stores, sporting goods stores, toy
and hobby shops and used merchandise stores.
"Retreat" means a facility which (1) is operated by a nonprofit organization; (2) provides
opportunities for small groups of people to congregate temporarily on a site for such purposes as
education, enlightenment, contemplation, renewal or solitude; and (3) by its nature, needs to be located in
a quiet, sparsely populated, natural environment.
"Riding stable" means a facility where horses or other equine animals are rented to members of the
public for recreational purposes, where riding lessons are offered for compensation to people other than
the owners of said animals, whether or not the riding occurs on the property on which the animals are
kept.
"Roof structures" means structures for the housing of elevators, stairways, tanks, ventilating fans and
similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers,
flagpoles, chimneys, smokestacks, solar collectors, wireless masts, T.V. antennas and similar structures.
"R- zone" means a zone classification under this title which contains the letter "R" in its abbreviation,
excluding overlay zones.
Schools, Boarding or Nonboarding. "Boarding or nonboarding schools" means educational facilities
for pre - college levels of instruction; specifically limited to elementary, junior high and high schools
offering full curricula as required by state law. "Boarding schools" are those which provide lodging and
meals for the pupils.
"Second dwelling" means an attached or a detached residential dwelling unit which provides
complete, independent, living facilities for one (1) or more persons. It shall include permanent provisions
for living, sleeping, eating, cooking and sanitation on the same parcel as the existing single - family
dwelling is situated.
"Setback" means the minimum distance by which structures are to be separated from the boundary
lines of the lot on which they are located, in order to provide an open yard area which is unoccupied and
unobstructed from the ground upward.
Setback, Front. "Front setback" means an open yard area extending between side lot lines across the
front of a lot, the depth of which is the required minimum horizontal distance between the front lot line
and a line parallel thereto on the lot.
Setback, Rear. "Rear setback" means an open yard area extending across the rear of the lot between
Page 12 of 184
Moorpark Municipal Code
D. Permitted underground fuel storage;
E. Permitted open storage (see Chapter 17.28);
F. Signs which are exempt under Section 17.40.080;
G. Permitted pet and farm animals (see Section 17.20.050 and Chapter 17.28);
H. The drilling of water wells for the production of water on any lot if water from said well is used
only on the lot upon which the well is located;
I. Patios, paving and decks (see Chapter 17.24), when constructed no more than thirty (30) inches
above the surrounding finished grade;
J. Fences and walls six (6) feet or less and retaining walls three (3) feet or less in height (see
Chapter 17.24);
K. Soil testing for wells, foundations, septic systems and similar construction;
L. Swimming, wading or ornamental pools designed for a water depth of less than eighteen (18)
inches;
M. Small public utility structures, such as electrical boxes, transformers and valve apparatus, that
have no covered floor area and are attached to the ground by poles, columns or pedestals;
N. Sales or leasing of commercial or industrial office space within an existing building on the same
site as the unit or units being sold or leased;
O. Play structures, outdoor furniture, and the like, which are exempt from setback requirements
pursuant to Section 17.24.040;
P. Temporary filming that meets any of the following criteria:
1. Is for current news programs,
2. Is within an existing building,
3. Is during daylight hours for one (1) day in any seven (7) day period, provided that such filming
does not involve open flames, explosives, or the construction of sets or other structures;
Q. Grading, except for that which is proposed within an overlay zone and requires a discretionary
permit pursuant to Chapter 17.36;
R. The following types of retail sales from wheeled vehicles, subject to the requirements of all other
city departments:
1. Trucks from which food is sold to employees of commercial and industrial businesses along a
predetermined route, provided that such trucks are not in any location for more than one -half hour per
day, and
2. Vehicles parked on the site of a permitted swap meet, carnival, outdoor festival or similar event,
and selling food during such event. (Ord. 189 § 3 (8105 -3), 1994)
Section 17.20.050 Permitted uses in open space, agricultural and special purpose zones.
Permitted uses in open space, agricultural and special purpose zones are set out in Table 17.20.050.
Note: An approved residential planned development permit is required for five (5) or more lots in
the RA, RO, R -1 and RE zones.
The key for Table 17.20.050 is as follows:
[Blank] Not permitted
♦ Permitted by zone clearance
■ Administrative permit
• Planning commission - approved planned development permit
0 City council- approved planned development permit
O Planning commission - approved conditional use permit
City council- approved conditional use permit
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND
Page 22 of 184
Moorpark Municipal Code
SPECIAL PURPOSE ZONES
Page 23 of 184
OS
AE
RA
RE
RO
R1
R2
RP
D
TP
I
Agriculture and agricultural operations
(no retail except as indicated).
Animal husbandry: Without structures
With structures: total GFA per lot:
Up to 1,000 sq. ft.
Over 1,000 to 5,000 sq. ft.
♦
♦
O
Over 5,000 to 20,000 sq. ft.
♦
♦
O
Over 20,000 to 100,000 sq. ft.
O
O
Over 100,000 sq. ft.
O
O
Apiculture
Fish farms
O
O
O
O
O
More animals than are permitted by
Section 17.28.030C
O
O
O
Contractors service and storage yards
and buildings
O
O
O
Crop production
Wholesale nursery
♦
♦
♦
♦
♦
♦
♦
♦
O
Firewood operations
O
O
O
Greenhouse, hothouses and the like:
total GFA per lot:2
Up to 1,000 sq. ft.
1,000 to 20,000 sq. ft.
♦
♦
O
20,000 to 100,000 sq. ft.
O
O
O
Over 100,000 sq. ft.
O
O
Packing or prelim. processing, within
structures: total GFA per lot:
Up to 5,000 sq. ft
5,001 to 20,000 sq. ft.
•
•
O
20,001 to 100,000 sq. ft.
O
O
O
Over 100,000 sq. ft.
O
Timber growing and harvesting, and
compatible uses
Dwellings, farm worker (more than one
per lot)
O
O
O
Wineries
Up to 2,000 sq. ft. structure
2,001 to 20,000 sq. ft. structure
O
O
O
Over 20,000 sq. ft. structure
O
O
O
With public tours or tasting rooms
O
O
O
Accessory structures
To animal husbandry:
SEE WITH STRUCTURES, ABOVE
Dwelling, caretaker
O
O
O
More than one per lot
O
O
O
Offices
O
O
O
To crop production, including storage
SEE GREENHOUSE
Dwelling, farm worker: On lots of 40
acres or more
O
O
O
On lots less than 40 acres
O
O
O
More than one per lot
O
O
O
Page 23 of 184
Moorpark Municipal Code
Offices
O
O
O
Produce stands, retail
Accessory uses, including open storage
Fuel storage
Insecticides for pest control
Packing, storage or prelim. processing
of crops: Without structure'
Airfields and landing pads and strips,
private
O
O
O
O
O
Animals, nonagricultural (see also
Dwellings, accessory uses and
structures)'
SEE ANIMAL HUSBANDRY
Kennels
O
O
O
Wild animals
O
Boardinghouses and bed - and - breakfast
inns
O
O
O
O
O
O
Care facilities (see also H &SC and
W &IC)
Day: Care of 12 or fewer persons (State
law requirement related to day care
facilities for 7--12)
Care of 13 or more persons
O
O
O
O
O
O
O
Intermediate: Care of 7 or more persons
(see definitions)
O
O
O
O
O
O
Residential: Care of 6 or fewer persons
•
Care of 7 or more persons
O
O
O
O
O
O
Cemeteries
O
O
O
O
O
O
O
O
Accessory crematoria, columbaria and
mausoleums
O
O
O
Churches, synagogue and other
buildings used for religious worship
O
O
O
O
O
O
O
Clubhouses (no alcoholic beverages)
O
O
O
O
O
O
Communications facilities
O
O
O
O
O
O
O
O
O
O
Drilling, temporary geologic (testing
only)
O
O
O
O
O
Dwelling, single-family"' (R -P -D zone)
•
Mobilehome, continuing nonconforming
O
O
O
O
O
O
O
O
Affordable or elderly, built pursuant to
Chapter 17.64
0
0
0
Dwellings, two - family, or two single-
family dwellings4
•
Affordable or elderly, built pursuant to
Chapter 17.64
0
0
Dwellings, multifamily
•
Affordable or elderly, built pursuant to
Chapter 17.64
0
Dwellings, accessory structures
For human habitation:
Mobilehome/RV as temporary dwelling
during constructionZ
Second dwelling
■
■
■
■
■
■
■
■
Room additions
■
■
■
■
■
■
■
■
Not for human habitation (with or
without bathroom):
Page 24 of 184
Moorpark Municipal Code
Second story patio /deck
■
■
■
■
■
■
■
■
Accessory structure over 120 sq. ft.
■
■
■
■
■
■
■
■
Over 1,000 sq. ft. per structure; or over
2,000 sq. ft. per lot
O
O
O
O
O
O
O
O
Antenna, ground- mounted
(noncommercial), above 40 ft.2
O
O
O
O
O
O
O
O
O
Dwellings, accessory uses
Animals
Apiculture
Aviaries
O
O
O
O
Farm animals (other than
horses /ponies)
♦
♦
♦
♦
♦
O
Horses /ponies
♦
♦
♦
♦
♦
O
Pet animals
More animals than are permitted by
Section 17.28.030C
O
O
O
O
O
O
O
Wild animals
O
O
O
Commercial uses, minor, for project
residents
•
Home occupation
Storage, open
Recreational Vehicle Storage'
■
■
■
■
■
■
■
Education and training
Colleges and universities
t
O
O
Schools, elementary and secondary
(boarding and nonboarding)
O
O
O
O
O
O
O
Energy production from renewable
sources
O
O
O
O
Festivals and similar events, temporary
outdoor
+f
O
O
O
Government buildings
O
O
O
O
O
O
O
O
Correctional institutions
O
Fire stations
O
O
O
O
O
O
O
O
O
Law enforcement facilities
O
O
O
O
O
O
O
Grading
♦
♦
♦
♦ I
♦
♦
♦
Within an overlay zone
SEE
CHAPTER
17.36
Hospitals
O
O
Hospitals for large animals
O
O
Libraries
O
O
O
O
O
O
O
Mineral resource development
O
O
O
Mining and accessory uses
O
O
O
Less than 9 months in duration
O
O
O
O
Public works maintenance
Oil and gas exploration and production
O
O
O
O
Mobilehome parks
O
O
O
O
O
O
Model homes /lot sales'; 2 years
More than 2 years
O
O
O
O
O
O
Motion picture and TV production, and
related activities and structures
O
O
O
O
O
O
O
O
O
Temporary (maximum 42 days in any
180 -day period) 1,2
Pipelines and transmission lines,
aboveground
O
O
O
O
O
O
O
O
O
O
Page 25 of 184
�+=a
Moorpark Municipal Code
Public utility facilities, excluding offices
and service yards'
O
O
O
O
O
O
O
O
O
O
Recreational sport and athletic facilities
Camps
O
O
O
Campgrounds
O
O
O
O
Community centers
O
O
O
O
O
For farm workers and nonprofit farm
community organizations
O
O
O
Fields, athletic
O
O
O
O
O
O
Geothermal spas
Golf courses, except miniature golf'
O
O
O
O
O
O
O
O
Parks
♦
O
♦
♦
♦
♦
♦
•
O
With buildings
O
O
O
O
O
O
O
O
O
Periodic outdoor sporting events
#
O
Recreational vehicle parks
O
O
O
Recreation projects, city - initiated
Caretaker recreational vehicle,
accessory 2
Retreats': Without sleeping facilities
O
O
O
With sleeping facilities
O
O
O
O
Riding stables
O
O
O
O
With accessory lodging facilities
O
O
Shooting ranges and gun clubs
Signs (see also Section 17.20.040 and
Chapter 17.40)
Storage of building materials,
temporary 2
Trees and native vegetation: Removal,
relocation or damage'
Within an overlay zone
SEE CHAPTER 17.36
Uses and structures, accessory (other
than to agric. animals or dwellings)
♦
♦
♦
♦
♦
♦
♦
♦
O
O
To a use requiring a PD permit or CUP
Dwelling, caretaker
SEE SECTION 17.44.080A
Waste treatment and disposal
O
O
O
O
O
Water production, storage and
distribution facilities:
Private purveyors"'
O
O
O
O
O
1 O
O
O
O
O
Notes for Table 17.20.050:
1. See also Section 17.20.040.
2. There are specific regulations for this use; see Chapter 17.28.
3. See Chapter 17.32 for parking standard.
4. Most public water facilities are exempt from these regulations.
(Ord. 264 § 2 (part), 1999; Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8105 -4), 1994)
Section 17.20.060 Permitted uses in commercial and industrial zones.
Permitted uses in commercial and industrial zones are set out in Table 17.20.060.
Note: All uses located in the M -1 and M -2 zones which at the property line are adjacent to
residentially zoned property shall require a city council- approved conditional use permit prior to
occupancy of the building.
Page 26 of 184
Moorpark Municipal Code
The key for Table 17.20.060 is as follows:
[Blank] Not permitted
♦ Permitted by zone clearance
• Planning commission- approved planned development permit
0 City council- approved planned development permit
O Planning commission - approved conditional use permit
+! City council - approved conditional use permit
0 Administrative permit required
Temporary use permit
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
Page 27 of 184
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
#
#
#
#
#
#
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
O
O
Bicycle racing tracks, outdoor
O
O
Health club /gymnasium (see definitions)
•
•
O
Martial arts and dance studios
•
•
O
Motion picture theaters, outdoor (drive -in)
O
O
Racetracks (for motorized vehicles), shooting
ranges and stadiums
PROHIBITED
Art galleries, museums and artisan workshops
+10
•
O
•
Automobile repair, including component repair
Automobile service stations
•
•
Banks and related financial offices and
institutions
•
•
•
•
Barber, hairstylists, manicurists
•
Tanning centers
•
Bars, taverns and nightclubs
O
O
Botanical gardens
•
O
•
Care facilities: For 7 or more persons (see also
H &SC and W &IC)
Day /'.5
•
•
•
•
•
Intermediate and residential
O
O
O
Care facilities: For 9 or more persons (Day)
O
Car washes, self - service or automatic
O
O
Cemeteries, columbaria and mausoleums
O
O
O
Crematoria, accessory
O
O
O
Churches, synagogues and other buildings used
for religious worships
O
•
•
O
O
O
Clubhouses
1
O 1
•
O
O
O
O
Page 27 of 184
Moorpark Municipal Code
With alcoholic beverages
•
O
O
O
O
Club projects, temporary outdoor
O
O
O
O
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 structures4
Produce stands, retail
Dog and cat grooming
•
O
Dressmaking and tailor shops
•
Drilling, temporary geologic (testing only)
O
O
Dwelling for superintendent or owner
#
Dwelling, caretaker
O
Education and training
Colleges and universities
O
•
O
Schools: Elementary and secondary (nonboarding
only)2,3
•
•
•
•
•
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
Government buildings, excluding correctional
institutions
•
•
•
•
O
#
Fire stations
•
•
•
O
O
O
Libraries and information center
#
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)
#
Laundry service (light)
•
Page 28 of 184
Moorpark Municipal Code
Libraries and information center
•
•
•
Manufacturing associated with crafts and artisans
Assembly, exhibits, demonstration
O
Manufacturing industries
Apparel and related products
•
•
Dressmaking and tailor shops
•
•
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
•
•
Page 29 of 184
Moorpark Municipal Code
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
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
O
Motorcycles, bicycles and related parts
•
Martial arts and dance studios
•
Mineral resource development
Mining and accessory uses
Less than 9 months in duration
O
O
Public works maintenance
Oil and gas exploration and production
O
O
Motion picture and TV production, and related
activities and structures
O
O
O
O
O
O
O
Temporary (maximum 47 days in any 180 -day
period) 1A
Offices: business, professional and
administrative, except health and veterinary
•
•
•
•
O
•
Optical goods
O
Organizations (professional, religious, political,
labor, trade, youth, etc.)
O
Parks -- public
Parking lots
•
•
•
•
•
O
Pharmacy, accessory retail, for prescription
pharmaceuticals only
Photocopy /quick printers
•
Photofmishing (1 -hour photo)
•
Pipelines and transmission lines, aboveground
O
O
O
O
Produce stands, retail
Propulsion (engine) testing
Public utility facilities
O
O
O
O
O
O
O
Offices only
•
•
•
•
•
O
•
Service yards
•
O
Recording studios and sound stages
•
O
O
Rental and leasing of durable goods
O
O
O
Bicycle rental
•
Repair and reconditioning services
O
O
•
Automobile body work and painting
O
O
O
Automobile repair, including component repair
O
O
•
Page 30 of 184
Moorpark Municipal Code
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
•
Antique store
Outdoor sales area
�At
Outdoor sales area temporary
Retail trade (see definitions)
•
•
Christmas tree sales
Feed stores
O
Lumber and building materials sales yards
O
O
Mail order houses (nonstore)
•
•
Motor vehicle, mobilehome, recreational vehicle
and boat dealers'
O
Nurseries
O
Uses and structures, accessory
SEE PRINCIPAL
USE
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
O
O
•
O
Disinfecting and exterminating services
1
O
O
O
O
Exhibits, building of
•
•
O
Sign painting and lettering shops
•
•
•
Personal (see definitions)
•
•
Signs (See also Section 17.20.040 and Chapter
17.40)
♦
♦
♦
♦
♦
♦
Freestanding off -site advertising signs
O
Swap meets
O
O
O
O
Taxidermy
•
Transportation services (see definitions)
O
•
Bus and train terminals
O
O
Stockyards, not primarily for fattening or selling
livestock
Truck storage, overnight
•
Trees and native vegetation: removal, relocation
or damage
Within an overlay zone
SEE CHAPTER
17.36
Uses and structures, accessory
SEE PRINCIPAL USE
Page 31 of 184
Moorpark Municipal Code
Dwelling, for superintendent or owner
O
O
O
O
Dwelling, caretaker
O
O
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
O
1 O
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
Recreational Vehicles'#
#
#
Waste treatment and disposal (see definitions)
Recycling facilities and centers
O
•
O
Water production, storage and distribution
facilities: Private purveyors4'8
O
O
O
♦
♦
O
Wholesale trade
•
•
Zoological gardens, animal exhibits and
commercial aquariums
O
O
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
permitted by approval of a modification to the existing permit.
3. For M -1, 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. 265 § 2 (part), 1999; 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)
Page 32 of 184
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not intended to apply to trees or other natural vegetation, nor to construction that does not extend above
grade level, nor to pools designed to hold less than eighteen (18) inches of water depth, nor to such things
as outdoor furniture or unenclosed play structures for children (except if designed for use with wheeled
footwear or vehicles of any kind), provided that such items are placed so as not to hinder the above
objectives. No required setback shall be used for parking or storage of any vehicles, nor for open storage
or garages or other accessory buildings, except as specifically provided in this title. (Ord. 189 § 3 (8106-
3), 1994)
Section 17.24.050 Measurement of setbacks.
A. Measurement of Rear Setback from an Alley. In computing the depth of a rear setback for any lot
abutting an alley, the setback may be measured from the midpoint of the rear alley.
B. Setbacks from Easements. If the only means of access to one (1) or more lots is by way of an
easement, the easement shall be considered as a street for purposes of determining setbacks on lots over
which the easement passes.
C. Determination of Setbacks for Flag Lots. In the case of flag lots, the setbacks shall be measured
from the applicable front (F), rear (R) and sides (S) of the lot as designated in the following diagram.
1. In cases involving flag lots of a type not represented in the diagram, the director of community
development shall determine the minimum setbacks.
2. Any portion of a flag lot that is adjacent to a street is a "required setback adjacent to a street" for
purposes of fence regulations.
FLAG LOT CHART
Editor's Note: Because of the size and /or complexity of the graphic set out in this section, it
has been removed from this electronic database. This graphic can be found in the printed code
currently on file in the clerk's office or in any recent printed version of the code.
D. Determination of Setbacks for Through Lots.
1. If the area of a through lot is less than twice the minimum lot area for the zone, one (1) street
frontage shall be designated as the front, and the other frontage shall be the rear.
2. If the lot area is two (2) or more times the minimum area for the zone, each street frontage shall
be considered a front for purposes of determining setbacks. (Ord. 189 § 3 (8106 -4), 1994)
Section 17.24.060 Intrusions into required setbacks.
The following are exceptions to the standards given in Section 17.24.020.
A. Accessory Structures in Certain Setback Areas. Detached accessory structures not used for human
habitation may be constructed to within three (3) feet of interior and rear lot lines, provided that:
1. In no case shall any such accessory structure exceed fifteen (15) feet in height;
2. In no case shall any such accessory structure(s) occupy more than forty percent (40 %) of the rear
setback area which is measured by multiplying the required minimum rear setback set forth in Section
17.24.020 by the particular lot width; and
3. Setbacks for the street side of the lot shall be maintained as set forth in Section 17.24.020.
4. a. A trailer, boat or other similar recreational vehicle shall not be parked in the driveway within
ten (10) feet from the face of the curb. Parking of a vehicle in the side or rear yards (not in required
setback areas) shall be screened from view.
b. Motor vehicles shall not be parked within any front or street side setback, except that fully
operative, licensed and registered vehicles other than recreational vehicles as defined bt this Title may be
parked in a driveway access to the required parking or on a paved area adjacent to the driveway, as an
Page 37 of 184
Moorpark Municipal Code
accessory use to the dwelling, and except as provided elsewhere in this chapter.
c. At no time may more than fifty percent (50 %) of the required front setback area be covered by
asphalt, concrete, or other hardscape materials used for vehicle parking or as a vehicle driveway. The
vehicle parking or driveway area must be connected to a public right -of -way through a city- approved curb
approach.
B. Accessory Structures in Front Setbacks on Through Lots. An accessory structure not exceeding
fifteen (15) feet in height may be located in one (1) of the required front setbacks on a large through lot,
as described in Section 17.24.060(D)(2), provided that every portion of such accessory structure is at least
ten (10) feet from the nearest front line.
C. Parking in Setbacks.
1. Motor vehicles shall not be parked within any front or street -side setback, except that fully
operative, licensed and registered vehicles may be parked in the driveway access to the required parking
or on a paved area adjacent to the driveway, as an accessory use to a dwelling, and except as provided
elsewhere in this title. Any additional paved area for parking purposes may not exceed fifty percent (50 %)
of the area covered by the existing driveway and not exceed thirty (30) feet in total width.
2. No required setback may be used for the provision of required parking spaces, except as
specifically provided in this title.
3. On interior lots, a minimum three (3) foot wide area adjacent to one (1) side lot line must be kept
free of operative vehicles and open storage (see Section 17.28.020F).
4. Commercial Vehicles in Residential Areas. It is unlawful to park a commercial vehicle, as
defined in the Vehicle Code, having a manufacturer's gross vehicle weight rating of ten thousand (10,000)
pounds or more on any highway, street, alley, public property or private property in a residential zone or
district, when the parking is not connected with work or service to a property which reasonably requires
the presence of the commercial vehicle in the residential zone or district, or for more than the time
reasonably necessary to carry out such work or services to the property.
D. Architectural Features. Eaves, cornices, canopies, belt courses, sills, buttresses and other similar
architectural features that do not create additional floor area or living space may project a maximum of
two and one -half (2-1/2) feet into required front setbacks, two (2) feet into side setbacks and four (4) feet
into rear setbacks, and may not be closer than two (2) feet to any side or rear property line. Such features
shall not be closer than two (2) feet to a line midway between the exterior walls of buildings located on
the same lot.
E. Heating and Cooling Equipment. Accessory heating and cooling equipment and necessary
appurtenances may be located to within three (3) feet of any side or rear lot line.
F. Balconies, Fire Escapes and Stairways. Open, unenclosed stairways or balconies may extend into
required rear setbacks not more than four (4) feet, and into required front setbacks not more than two and
one -half (2 -1/2) feet.
G. Chimneys and Fireplaces. Masonry chimneys and fireplaces may project into required setbacks or
required common open space not more than two (2) feet provided that such chimneys or fireplaces shall
not be closer than three (3) feet to any side property line of the lot. Where more than one (1) building is
located on the same lot, such chimneys or fireplaces shall not be closer than three (3) feet to a line
midway between the main walls of such buildings.
H. Depressed Ramps. Open -work fences, hedges, guard railings or other landscaping or architectural
devices for safety protection around depressed ramps may be located in required setbacks or required
common open space, provided that such devices are not more than three and one -half (3 -1/2) feet in
height.
I. Uncovered, Unenclosed Landings and Porches. Uncovered porches, platforms or landings which
do not extend above the level of the first floor of the building may extend into required front setbacks not
more than six (6) feet, and into required side and rear setbacks no closer than three (3) feet to the property
line. An open -work railing not more than three (3) feet high may be installed or constructed on such
porch, platform or landing.
J. Decks.
Page 38 of 184
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located.
G. Hours of Operation. The use of facilities shall be limited to daylight hours between nine (9:00)
a.m. and seven (7:00) p.m., Monday through Saturday.
H. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
I. Removal. Facilities shall be removed within ninety (90) days when no longer used, or capable of
being safely used for their intended purpose.
J. Hold Harmless. The permittee shall provide the city with a hold harmless agreement, acceptable
to the city, prior to the issuance of a zoning clearance, which provides, in substance, that the permittee
agrees to hold the city harmless, indemnify and defend the city for any loss or damage to property, or
injury or loss of life arising out of the use authorized by this zoning clearance.
K. Compensation. The use of the facility shall be without monetary compensation to any of the
parties involved, nor operated in any way as a commercial enterprise. (Ord. 189 § 3 (8107 -23), 1994)
Section 17.28.250 Caretaker recreational vehicle, accessory.
In a park or recreation area owned or operated by the city, the owner(s) of a recreational vehicle
which is licensed and equipped for highway travel may reside in the recreational vehicle for up to six (6)
months in any twelve (12) month period, in accordance with an approved park host program. Sewage
disposal shall be provided by means of a system approved by the environmental health division. (Ord.
189 § 3 (8107 -24), 1994)
Section 17.28.260. Recreational Vehicle Parking and Storage
A. Recreational vehicles as defined herein shall be permitted as follows:
For purposes of this section, storage shall be considered as parking, stopping or lack of movement from a
location for any period of time in excess of seventy -two (72) hours:
1. General requirements:
a. Only within the zones specified in Table 17.20.050 and Table 17.20.060, subject to the approval of
the permits specified in said tables.
b. Within any interior side yard or rear yard, but not closer than ten feet (10') to a public street, or three
feet (3') to any interior side or rear property line.
c. Only upon a paved parking pad as approved by the director of community development.
d. A minimum six feet (6) high solid fence or wall with landscape screening capable of obscuring view
of the vehicle shall be provided as approved by the director of community development.
e. Gates shall be constructed of solid material and shall not encroach upon or block any portion of the
public right -of -way when in the open position.
f. No recreational vehicle as defined by this code shall be permitted for long term storage upon any
residential lot less than 5,000 square feet in size.
g. Lighting shall be permitted consistent with Chapter 17.30 for commercial and industrial sites only.
h. Occupancy of any recreational vehicle as a dwelling unit is prohibited except as authorized herein.
i. Industrial and commercial parking sites shall be differentiated by pavement markings defining the
length and width of the boundaries of each space.
j. Industrial and commercial RV storage sites shall be provided a landscaped area not less than fifteen
feet (15') in width between the front property line and the wall adjacent to any right -of -way.
B. Recreational vehicle parking within residential zones shall be permitted as follows:
1. On public streets and highways consistent with the provisions of the California Vehicle Code 2001,
or as amended.
2. Upon property owned by or under the direct control of the resident and when the property owner or
resident owns the parked or stored vehicle.
3. The recreational vehicle shall not encroach upon any pedestrian walkways or rights -of -way, public or
private_
.
Page 66 of 184
Moorpark Municipal Code
4. Parking or storing any recreational vehicle as defined herein on any portion of a residential lot shall
be subject to an Administrative Permit and shall be processed as required by Chapter 17.44.
5. Except as otherwise provided herein, recreational vehicles when stored on residential lots may be
placed only in the same location as an accessory structure may be permitted.
6. Parking or storage of recreational vehicles over six feet (6') in height within the front setback area
shall not exceed seventy -two (72) hours for purposes of cleaning, servicing, loading and unloading.
7. Recreational vehicles shall not be connected to any utilities, public or private including but not
limited to sewer, water, electricity, natural gas, and shall not engage in the use of onboard generators, pumps
or similar devices except as necessary to complete servicing or cleaning.
C. Extended On -site Parking and Visitor Parking Placard
1. The director of community development shall have the authority to issue a temporary placard for the
purposes of permitting extended on -site parking for residents within front setback areas; to permit visitor
parking within front setback areas; or, to permik visitor parking upon public streets in excess of the seventy -
two (72) hour limitations of this chapter or an y other chapter of this code.
2. RV placard parking shall be limited to not more than fourteen (14) calendar days within anyone (1)
calendar year when such extended parking is meant to serve the resident owner of the recreational vehicle.
3. RV placard parking shall be limited to not more than thirty (30) days total per calendar year for
purposes of allowing visitors or guest recreational vehicle parking.
4. Approved placard shall be posted within the vehicle in the driver's window or closest visible portion
of the unit to the public travel lane so that it is fully visible at all times.
5. RV placards issued by the community development department shall be subject to a fee as set forth
by resolution of the City Council.
6. Visitors receiving approval of a placard for extended parking of an RV shall be required to present
verification of permanent residence at a location not within the City of Moorpark and not closer than one-
hundred (100) miles to the city limits.
Page 67 of 184
ITEM 9• B.•
CITY OF MOORPARK
PLANNING COMMISSION
AGENDA REPORT
TO: The Honorable Chairman and Members of the Planning
Commission
FROM: John Libiez, Advanced Planning Manager L p
DATE: September 20, 2001 (PC meeting of 9/24/2001)
SUBJECT: Consider a Revised Open Space, Conservation and
Recreation Element (OSCAR) to the Moorpark General
Plan; General Plan Amendment No. 2001 -04.
BACKGROUND
California Government Code, Article 5, Section 65300 requires
each city and county to adopt a comprehensive, long -term general
plan for the physical development of the county or city and of
any land outside its boundaries which, in the planning agency's
judgement, bears relation to its planning. Section 65302 et.
seq. defines the content of the comprehensive community general
plan.
In April 1996, the City signed a professional service contract
with The Planning Corporation as the principal consultant to
perform the update to the OSCAR Element. Over the intervening
period, several preliminary drafts were prepared and revised. A
draft OSCAR prepared in October 1997 reflected changing dynamics
in the community at that time, but was not taken to hearings. A
major rewrite occurred in August 1998, following the adoption of
local initiatives affecting open space and development of the
City. The consultant prepared a redraft of the element in late
1999 that was circulated to staff for comments and suggested
revisions. A final revised draft was distributed in March 2000,
and was then furnished to the Planning Commission and the Parks
and Recreation Commission for their review and comments for a
workshop scheduled for May 2000. Planning Commission and Parks
and Recreation Commission conducted a joint workshop on the
redrafted Element on May 8, 2000. The Parks and Recreation
Commission conducted a separate hearing on the Element at its
July 17, 2000, meeting. The Parks and Recreation Commission
recommended that the Planning Commission conduct required,
S: \Community Development \Everyone \General Plan Elements \OSCAR \pc 0924010SCAR stfrpt.fl.doc
Planning Commission
OSCAR Element
September 20, 2001
Page 2
public workshops and /or hearings in order to recommend the
Element for adoption to the City Council. The Parks and
Recreation Commission concurred in the Element content as it
related to their responsibilities. The Planning Commission
initiated a public workshop at the meeting of June 25, 2001, to
consider revised text for the OSCAR Element. The workshop was
continued to the August 27, 2001, meeting to allow staff
development of graphics and to complete final suggestions for
text revisions provided by the Planning Commission. The Planning
Commission found the narrative portions of the Draft Element
satisfactory and directed staff to return the Draft Element,
graphics and a Resolution for consideration at a public hearing
for this date.
DISCUSSION
The OSCAR presented at this hearing has been revised to reflect
comments received from the Planning Commission and the Parks and
Recreation Commission during workshops and public hearings.
Open Space, Conservation and Recreation are integral to the life
style of a community and are among the amenities, that define the
quality of life and contribute to a long -term sustainable
community.
The primary focus Elements in a General Plan are the Land Use
and Circulation Elements. As updates to other Elements occur,
Amendments to these two (2) Elements must also occur to maintain
the internal consistency required by State Law. The Safety
Element has been updated and was adopted on March 21, 2001,
under City Council Resolution No. 2001 -1823. The consultant,
Cotton /Bridges Associates, Inc. is now completing the Final
Draft Housing Element, based on testimony and discussion before
the Planning Commission.
An environmental assessment, as required by the California
Environmental Quality Act (CEQA), was prepared and should be
considered by the Planning Commission, for the record, as part
of the adoption of a Resolution recommending the OSCAR Element
to the City Council. A Negative Declaration (Attachment 2) has
been provided for the Planning Commission's consideration.
The final suggested text that incorporates and addresses all
comments received to date, was forwarded to the Planning
Commission under separate cover and was distributed for public
S: \Community Development \Everyone \General Plan Elements \OSCAR \pc 0924010SCAR stfrpt.fl.doc
Planning Commission
OSCAR Element
September 20, 2001
Page 3
review at the Moorpark Public Library and the Moorpark College
Library. Graphics are included within the document. A Resolution
recommending adoption of the OSCAR by the City Council has been
provided for Planning Commission consideration.
STAFF RECOMMENDATIONS
1. Open the public hearing; accept public testimony; close the
public hearing.
2. Consider the Negative Declaration prior to a recommendation
on the OSCAR Element.
3. Adopt Resolution No. PC- 2001- recommending adoption of
the Revised OSCAR to City Council.
Attachments:
1. PC Resolution 2001- (Exhibit "A" OSCAR Element 2001,
previously forwarded under separate cover)
2. Negative Declaration and Initial Study
S: \Community Development \Everyone \General Plan Elements \OSCAR \pc 0924010SCAR stfrpt.fl.doc
RESOLUTION NO. PC -2001-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA
RECOMMENDING TO THE CITY COUNCIL THE
ADOPTION OF THE REVISION TO THE OPEN SPACE,
CONSERVATION AND RECREATION ELEMENT (OSCAR) OF
THE CITY OF MOORPARK GENERAL PLAN
WHEREAS, at duly noticed public hearings /workshops
conducted on May 8, 2000, by the Planning Commission and Parks
and Recreation Commission in joint session, on July 17, 2001, by
the Parks and Recreation Commission and continued to the
Planning Commission meetings of June 25, August 27, and
September 24, 2001, regarding consideration of a revision to the
Open Space, Conservation and Recreation Element (OSCAR) of the
City of Moorpark General Plan (General Plan Amendment No. 2001-
04); and,
WHEREAS, at each of the above - referenced public meetings,
the Planning Commission conducted the public hearings /workshops,
took testimony from all those wishing to testify, and continued
to receive testimony at the September 24, 2001, meeting at which
time the Planning Commission closed the pubic hearing; and,
WHEREAS, after review and consideration of the information
contained in the staff reports of record, along with testimony
received on May 8, and July 17, 2000, June 25, August 27, and
September 24, 2001, the Planning Commission closed
considerations on September 24, 2001, and made a recommendation
to the City Council.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Planning Commission hereby
determines that the revision to the OSCAR Element of the City of
Moorpark General Plan does not have the potential to create a
significant effect upon the environment and that a Negative
Declaration in accordance with the provisions of California
Environmental Quality Act (CEQA) may be issued, pursuant to
Section 15074 of the California Code of Regulations.
SECTION 2. That the Planning Commission hereby
recommends to the City Council, the approval of the Revised
OSCAR Element of the Moorpark General Plan (attached as Exhibit
ATTACHMENT 1
\ \MOR_PRI_SERV \City Share \Community Development \Everyone \General Plan Elements \OSCAR \PC 92401
Reso OSCARElement.d2.9.20.01.doc
Planning Commission Resolution
PC -2001-
Recommending Adoption of OSCAR Element
Page 2
A and incorporated herein by reference), based upon the
following findings:
A. The Revised OSCAR Element establishes the policy and
strategy framework for enhancing the overall quality of
life for Moorpark residents.
B. The Revised OSCAR Element satisfies and is consistent with
provisions for OSCAR Elements, as contained within Article
10.5 (Open Space Lands) of the Government Code regulating
requirements for Open Space, Conservation and Recreation
Elements.
C. The Revised OSCAR Element is consistent with the General
Plan and other Elements thereof.
THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE
FOLLOWING ROLL CALL VOTE:
Ayes:
Noes:
Abstaining:
Absent:
PASSED, APPROVED AND ADOPTED THIS 24th, DAY OF September, 2001.
Uanlce earv1.i1, l i1d1L�JeL5U11
ATTEST:
Celia LaFleur
Secretary
Attachment:
Exhibit A: Open Space, Conservation and Recreation Element
of the Moorpark General Plan
\ \MOR_PRZ_SERV \City Share \Community Development \Everyone \General Plan Elements \OSCAR \PC 92401
Reso OSCARElement.d2.9.20.01.doc
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
799 MOORPARK AVENUE
MOORPARK, CALIFORNIA 93021
_X NEGATIVE DECLARATION
MITIGATED NEGATIVE DECLARATION
I. PROJECT DESCRIPTION:
1. Entitlement: General Plan Amendment 2000 -05
Adoption of an Update to the Open Space,
Conservation and Recreation Element of the
Moorpark General Plan
2. Applicant: City of Moorpark
3. Proposal: Adopt update to the City General Plan related
to Open Space, Conservation and Recreation Element.
4. Responsible
Agencies: None.
II. STATEMENT OF ENVIRONMENTAL FINDINGS:
An initial study was conducted by the Community Development
Department to evaluate the potential effects of this project
upon the environment. Based upon the findings contained in
the attached initial study, it has been determined that this
project would not have a significant effect upon the
environment.
III. PUBLIC REVIEW:
1. Public Notice: Publication of a notice in a newspaper
of general circulation in the area.
2. Document Posting Period: 8/29/01 - 9/21/01
Initially Prepared on: August 27, 2001
Prepared by: John Libiez, Planning Manager
ATTACHMENT 2
INITIAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially
affected by this project, involving impacts that have a
"Potentially Significant Impact" as indicated by the checklist
on the following pages.
ARE ANY OF THE FOLLOWING STUDIES REQUIRED:
Noise Study
Tree Study
Archaeological Report
Biology Report
Geotechnical Report
Soil borings and assessment
for liquefaction potential
Traffic Study
Other: (identify below)
IV. DETERMINATION:
Yes No -X- N/A
Yes No X N/A
Yes No X N/A
Yes No X N/A
Yes No -X- N/A
Yes No -X- N/A
Yes No -X- N/A
On the basis of this initial evaluation:
• I find that the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION will be
prepared. X
• I find that although the proposed project could have a
significant effect on the environment, there will not be a
significant effect in this case because the mitigation
measures described on an attached sheet have been added to
the project. A MITIGATED NEGATIVE DECLARATION will be
prepared. ❑
• I find that the proposed project MAY have a significant
effect on the environment, and an ENVIRONMENTAL IMPACT REPORT
is required. ❑
• I find that the proposed project MAY have a significant
effect (s) on the environment, but at least one effect (1) has
been adequately analyzed in an earlier document pursuant to
applicable legal standards, and (2) has been addressed by
mitigation measures based on the earlier analysis as described
on attached sheets, if the effect is a "potentially
significant impact" or "potentially significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but
it must analyze only the effects that remain to be addressed.
a
• I find that although the proposed project could have a
significant effect on the environment, there WILL NOT be a
significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an
earlier EIR pursuant to applicable standards and (b) have been
avoided or mitigated pursuant to that earlier EIR, including
revisions or mitigation measures that are imposed upon the
proposed project. ❑
V. REFERENCE LIST:
The references used in preparing this questionnaire include the
following:
Standard References
1. EIR for Moorpark Land Use and Circulation Element Undate
and Sphere of Influence Expansion Study (1992).
2. Federal Emergency Management Agency, Flood Insurance Rate
Map, Community Panel Number 060712 0005 A, September 29,
1986 and revision dated August 24, 1990.
3. General Plan of the City of Moorpark, as amended through
2001.
4. Institute of Transportation Engineers, Trip Generation,
1987.
S. Moorpark Municipal Code, including Title 17, Zoning.
G. Moorpark Traffic Analysis Model, Model Description and
Validation, June 1994.
7. Technical Appendices for the General Plan Noise Element,
November 1994.
8. U.S.G.S. Topographic Quadrangle Maps for Moorpark.
9. Ventura County Air Pollution Control District, Guidelines
for the Preparation of Air Quality Impact Analyses, 1989.
10. Ventura County Air Pollution Control District, Ventura
County Air Quality Management Plan, 1991.
11. General Plan and Ventura Council of Governments population
projections, 1992, 1998, and 2000 respectively.
INITIAL STUDY
GENERAL PLAN AMENDMENT
2000 -05
ADOPTION
C�F�I
AN AMENDMENT TO UPDATE THE
OPEN SPACE, CONSERVATION AND
RECREATION ELEMENT
(OSCAR) OF THE MOORPARK GENERAL
PLAN
September, 2001
INITIAL STUDY CHECK LIST
ENVIRONMENTAL FACTOR
AESTHETICS
Potentiall Less than Less No Impact
y Significan than
Significan t Signific
t With ant
Impact Mitigation
Incorporat
ion
a) Have a substantial adverse effect on El ❑ El X
a scenic vista?
b) Substantially damage scenic
resources, including, but not limited
to, trees, rock outcroppings, and ❑ ❑ El X
historic buildings within a state
scenic highway?
c)Substantially degrade the existing ❑ ❑ ❑ X
visual character or quality of the
site and its surroundings?
d) Create a new source of substantial El ❑ El X
light or glare which would adversely
affect day or nighttime views in the
area?
AGRICULTURAL RESOURCES:
In determining whether impacts to
agricultural resources are significant
environmental effects, lead agencies
may refer to the California
Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the
California Dept. of Conservation as an
optional model to use in assessing
impacts on agriculture and farmland.
Would the project:
a)Convert Prime Farmland, Unique El F1 F] X
Farmland, or Farmland of Statewide
Importance (Farmland) , as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for El El a X
agricultural use, or a Williamson Act
contract?
c)Involve other changes in the existing ❑ El El v
X
environment which, due to their
location or nature, could result in
conversion of Farmland, to non-
agricultural use?
AIR QUALITY - Where available, the
significance criteria established by
the applicable air quality
management or air pollution control
district may be relied upon to make the
following determinations. Would
the project?
a) Conflict with or obstruct El ❑ T1 V
implementation of the applicable air •t�
quality plan?
b) Violate any air quality standard or a El El v
X
contribute substantially to an existing
or projected air quality
violation?
c)Result in a cumulatively considerable El El F] v
X
net increase of any criteria pollutant
for which the project region is non -
attainment under an applicable federal
or state ambient air quality standard
(including releasing emissions which
exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to ❑ ❑ ❑ v
substantial pollutant concentrations? 1�
e) Create objectionable odors 1:1 El ❑ v
X
affecting a substantial number of
people?
BIOLOGICAL RESOURCES -- Would the
project:
a) Have a substantial adverse effect, El El a v
X
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive,
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
or special status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or U.S.
Fish and wildlife Service?
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local
or regional plans, policies,
regulations or by the California
Department of Fish and Game or US Fish
and Wildlife Service?
c) Have a substantial adverse effect
on federally protected wetlands as
defined by Section 404 of the Clean
Water Act (including, but not limited
to, marsh, vernal pool, coastal, etc.)
through direct removal, filling,
hydrological interruption, or other
means?
d) Interfere substantially with the
movement of any native migratory fish
or wildlife species or with established
native resident or migratory wildlife
corridors, or impede the use of native
wildlife nursery sites?
FRO
7
IM7
i
FM-1
701
1-01
e) Conflict with any local policies or ❑
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
f) Conflict with the provisions of an ❑ ❑ ❑
adopted Habitat conservation Plan,
Natural Community Conservation Plan, or
other approved local, regional, or
state habitat conservation plan?
CULTURAL RESOURCES -- Would the
project:
X
X
a) Cause a substantial adverse change ❑ 1:1 a X
in the significance of a historical
resource as defined in §15064.5?
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
b) Cause a substantial adverse change D ❑ ❑ x
in the significance of an
archaeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a ❑ ❑ ❑ X
unique paleontological resource or site
or unique geologic feature?
d) Disturb any human remains, including ❑ F1 a X
those interred outside of formal
cemeteries?
GEOLOGY AND SOILS -- Would the
project:.
a) Expose people or structures to ❑ El El X
potential substantial adverse effects,
including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, ❑ X
as delineated on the most recent
Aiquist - Priolo Earthquake Fault Zoning
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
F"I
M
F-1
v
iii) Seismic - related ground failure,
❑
v
X
including liquefaction?
iv) Landslides?
1:1
1:1
F1
V
b) Result in substantial soil erosion
❑
El
a
X
or the loss of topsoil?
c) Be located on a geologic unit or
❑
El
X
soil that is unstable, or that would
become unstable as a result of the
project, and potentially result in on-
or off -site landslide, lateral
spreading, subsidence, liquefaction or
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
collapse?
d) Be located on expansive soil, as El X
defined in Table 18- 1 -B of the Uniform
Building Code (1994), creating
substantial risks to life or property?
e) Have soils incapable of adequately El M El X
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers are not available
for the disposal of waste water?
HAZARDS AND HAZARDOUS MATERIALS --
Would the project:
a) Create a significant hazard to the El ❑ a X
public or the environment through the
routine transport, use, or disposal of
hazardous materials?
b) Create a significant hazard to the ❑
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle ❑
hazardous or acutely hazardous materials,
substances, or waste within one - quarter mile of
an existing or proposed school?
d) Be located on a site which is
included on a list of hazardous
materials sites compiled pursuant to
Government Code Section 65962.5 and, as
a result, would it create a significant
hazard to the public or the
environment?
e) For a project located within an
airport land use plan or, where such a
plan has not been adopted, within two
miles of a public airport or public use
airport, would the project result in a
safety hazard for people residing or
working in the project area?
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
1-01
El ❑ X
El El X
❑ ❑ X
F"l El X
f) For a project within the vicinity of F� El El X
a private airstrip, would the project
result in a safety hazard for people
residing or working in the project
area?
g) Impair implementation of or ❑ ❑ x
physically interfere with an adopted
emergency response plan or evacuation
plan?
h) Expose people or structures to a El ❑ X
significant risk of loss, injury or
death involving wildland fires,
including where wildlands are adjacent
to urbanized areas or where residences
are intermixed with wildlands?
HYDROLOGY AND WATER QUALITY
Would the project:
a) Violate any water quality standards El El El X
or waste discharge requirements?
b) Substantially deplete groundwater El X
supplies or interfere substantially 1:1 El
with groundwater recharge such that
there would be a net deficit in aquifer
volume or a lowering of the local
ground water table levels (e.g. the
production rate of preexisting nearby
wells would drop to a level which would
not support existing land uses or
planned uses for which permits have
been granted) ?
c) Substantially alter the existing 1:1 X
drainage pattern of the site or area, El
including through the alteration of the
course of a stream or river, in a
manner which would result in
substantial erosion or siltation on, or
off -site?
d) Substantially alter the existing ❑ X
drainage pattern of the site or area, F1
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
including through the alteration of the
course of a stream or river, or
substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off -site?
e) Create or contribute runoff water 1:1 El X
which would exceed the capacity of
existing or planned storm drainage
systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade El El F1 X
water quality?
g) Place housing within a 100 -year 1:1 1:1 X
flood hazard area as mapped on a
Federal Hazard Boundary or Flood
Insurance Rate Map or other flood
hazard delineation map?
h) Place within a 100 -year flood hazard El E] 1:1 X
area structures which would impede or
redirect flood flows?
i) Inundation by seiche, tsunami, or El 1:1 El X
mudf low?
j) Expose people or structures to a El El ❑ X
significant risk of loss, injury or
death involving flooding, including
flooding as a result of the failure of
a levee or dam?
LAND USE AND PLANNING
Would the project:
a) Physically divide an established
community?
b) Conflict with any applicable land
use plan, policy, or regulation of an
agency with jurisdiction over the
project (including, but not limited to
the general plan, specific plan, local
coastal program, or zoning ordinance)
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
0 0
KN
X
adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any Habitat El 1:1 X
Conservation Plan [HCP] or Natural
Community Conservation Plan [NCCP]?
MINERAL RESOURCES -- Would the project:
a) Result in the loss of availability a El El X
of a known mineral resource that would
be of value to the region and the
residents of the state?
b) Result in the loss of availability F� El El X
of a locally- important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
NOISE --
Would the project result in:
a) Exposure
of persons to
or generation
a
❑
❑ x
of noise levels in excess
of standards
established
in the local
general plan
or noise
ordinance, or applicable
standards of
other agencies?
b) Exposure
of persons to
or generation ❑
❑
❑ X
of excessive groundborne
vibration or
groundborne
noise levels?
c) A substantial permanent increase in ❑ F-1 El X
ambient noise levels in the project
vicinity above levels existing without
the project?
d) A substantial temporary or periodic ❑ ❑ ❑ x
increase in ambient noise levels in the
project vicinity above levels existing
without the project?
e) For a project located within an ❑ ❑
airport land use plan or, where such a X
plan has not been adopted, within two
miles of a public airport or public use
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
airport, would the project expose
people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity ❑ El El X
of a private airstrip, would the
project expose people residing or
working in the project area to
excessive noise levels?
POPULATION AND HOUSING -- Would the
project:
a) Induce substantial population growth El El ❑ X
in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure) ?
b) Displace substantial numbers of ❑ El El X
existing housing, necessitating the
construction of replacement housing
elsewhere?
c) Displace substantial numbers of El El X
people, necessitating the construction
of replacement housing elsewhere?
PUBLIC SERVICES
a) Would the proj ect result in a ❑
substantial adverse physical impacts
associated with the provision of new or
physically altered governmental
facilities, need for new or physically
altered governmental facilities, the
construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
X El
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
RECREATION -
a) Would the project increase the use
of existing neighborhood and regional El
parks or other recreational facilities
such that substantial physical
deterioration of the facility would
occur or be accelerated?
b) Does
recreational
construction
recreational
have an adve
environment?
the project include El facilities or require the
or expansion of
facilities which might
rse physical effect on the
TRANSPORTATION /TRAFFIC -- Would the
project:
a) Cause an increase in traffic which ❑
is substantial in relation to the
existing traffic load and capacity of
the street system (i.e., result in a
substantial increase in either the
number of vehicle trips, the volume to
capacity ratio on roads, or congestion
at intersections)?
*JM
X
X
X
El
X
V�
X
X
b) Exceed, either individually or El ❑ El X
cumulatively, a level of service
standard established by the county
congestion management agency for
designated roads or highways?
c) Result in a change in air traffic El El X
patterns, including
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
No!
a) Would the project increase the use
of existing neighborhood and regional El
parks or other recreational facilities
such that substantial physical
deterioration of the facility would
occur or be accelerated?
b) Does
recreational
construction
recreational
have an adve
environment?
the project include El facilities or require the
or expansion of
facilities which might
rse physical effect on the
TRANSPORTATION /TRAFFIC -- Would the
project:
a) Cause an increase in traffic which ❑
is substantial in relation to the
existing traffic load and capacity of
the street system (i.e., result in a
substantial increase in either the
number of vehicle trips, the volume to
capacity ratio on roads, or congestion
at intersections)?
*JM
X
X
X
El
X
V�
X
X
b) Exceed, either individually or El ❑ El X
cumulatively, a level of service
standard established by the county
congestion management agency for
designated roads or highways?
c) Result in a change in air traffic El El X
patterns, including
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
either an increase in traffic levels or
a change in location that results in
substantial safety risks?
d) Substantially increase hazards due
El
1:1
El
X
to a design feature (e.g., sharp curves
or dangerous intersections) or
incompatible uses (e.g., farm
equipment) ?
e) Result in inadequate emergency
a
1:1
El
X
access?
f)Result in adequate parking capacity?
El
F-1
El
X
g) Conflict with adopted policies,
❑
1:1
El
X
plans, or programs supporting
alternative transportation (e.g., bus
turnouts, bicycle racks)?
UTILITIES AND SERVICE SYSTEMS
Would the project:
a) Exceed wastewater treatment
requirements of the applicable Regional
Water Quality Control Board?
b) Require or result in the
construction of new water or wastewater
treatment facilities or expansion of
existing facilities, the construction
of which could cause significant
environmental effects?
c) Require or result in the
construction of new storm water
drainage facilities or expansion of
existing facilities, the construction
of which could cause significant
environmental effects?
El ❑ X
El El X
❑ El X
d) Have sufficient water supplies El El a X
available to serve the project from
existing entitlements and resources, or
are new or expanded entitlements
needed?
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
e) Result in a determination by the D ❑ X
wastewater treatment provider which
serves or may serve the project that it
has adequate capacity to serve the
project's projected demand in addition
to the provider's existing commitments?
f) Be served by a landfill with
El
El X
sufficient permitted capacity to
accommodate the project's solid waste
disposal needs?
MANDATORY FINDINGS OF SIGNIFICANCE
rotsatiall
Y
Less than
Sign gailican
No Impact
than
thhan
Significan
t
Signific
t
With
ant
Impact
Kitigation
Incorporat
ion
a) Does the project have the potential
to degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self- sustaining levels,
threaten to eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
b) Does the project have impacts that
are individually limited, but
cumulatively considerable?
( "Cumulatively considerable" means that
the incremental effects of a project
are considerable when viewed in
connection with the effects of past
projects, the effects of other current
projects, and the effects of probable
future projects) ?
LE
7
n
101
107
X
"a
c) Does the project have environmental ❑ ❑ ❑ v
effects which will cause substantial 1�
adverse effects on human beings, either
directly or indirectly?
M:\ JLibiez \M \CEQA \INITIALSTUDYOscar.doc
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
COMMENTS RELATED TO INITIAL STUDY CHECKLIST
OSCAR ELEMENT
PROJECT DESCRIPTION:
This project consists of the review and consideration for
adoption of a revision to the City General Plan Open Space,
Conservation, and Recreation Element consistent with
requirements of Article 5, Section 65302(d) and Section 65302
(e) of the Government Code of the State of California. Local
jurisdictions are required by law to include Open Space and
Conservation Elements within the General Plan. Section 65303
permits inclusion of any optional elements the jurisdiction
believes it requires for the physical development of the
community. The City of Moorpark has included a recreation sub -
element and has designated the combined element as the Open -
space, Conservation, and Recreation Element (OSCAR)
The element proposes policies and strategies to enable the City
to identify and to effectively avoid conflicts between the
developing community and the natural environment as well as
guide disposition and development of man made open spaces. It
suggests measures and strategies for the identification and
preservation of natural and community developed open spaces,
conservation areas and recreational uses.
CHECKLIST RESPONSES:
Aesthetics:
The OSCAR element may have positive benefits to the community
through identification of natural conditions that offer
potential enhancements to the quality of life in the community.
Such identification can provide mechanisms to reduce growth
related impacts through site analysis and mitigation by
restricting, avoiding or mitigating impacts through designation
as open space.
Agricultural Resources:
No prime or regionally significant agricultural lands are
affected by the element. These uses are enhanced through
policies and strategies which favor preservation and retention.
Air Quality: b. /d.
No impact to air quality will occur from the adoption of the
OSCAR element since the thrust of the combined element is to
preserve natural features and limit areas for development.
M:\ JLibiez\ M\ CEQA\ OSCARElementInitialStudyComments8 .0l.doc
Initial Study Comments
OSCAR Element
Page 2
Biological Resources:
Development of the community within identified undisturbed areas
places pressure upon biological resources. The city's
development review process incorporates requirements to evaluate
species and resource issues such that resulting impacts be less
than significant. The OSCAR element when used in connection
with other elements of the General Plan aids in the avoidance of
developing in areas which may constitute some level of hazard to
future residents and which provide the greatest opportunities
for aesthetics.
Cultural Resources:
Application processing and review procedures provide for the
identification and mitigation of potential impacts for
local /regionally significant resources. No impacts are
anticipated as the OSCAR element augments decisions which seek
to avoid intrusion to culturally significant areas.
Geology and Soils:
Southern California and the Simi Valley area are active seismic
areas. The community contains active faulting such as the Santa
Rosa fault and a variety of non - active fault areas identified by
geotechnical studies. Areas susceptible to land slides,
liquefaction, erosion, and expansive soils have been identified
and are known to exist within this region. The city requires
extensive geotechnical studies and analysis to insure projects
are not subject to these impacts or that these impacts can be
mitigated to less than significant. The OSCAR element in
concert with the Safety element aids in determining acceptable
development locations and levels of risk for decision makers and
provides an inventory of potential conservation, habitat and
open space areas within the community.
Hazards and Hazardous Materials:
The OSCAR element supports the
analysis of potential hazards
element.
procedures for the review and
identified within the Safety
Hydrology and Water Quality:
The OSCAR element proposes and anticipates that areas within the
community suitable for trail, cultural, biological and species
protection and permissive uses will include drainage corridors
and limited flood protection basins. This will result in
improved community aesthetics and recreational and nature study
opportunities.
Initial Study Comments
OSCAR Element
Page 3
Land Use and Planning:
The OSCAR element works in consort with the land use element to
identify suitable sites for development and recreation and
preservation. The city has provided sufficient lands in various
categories and densities to accommodate a diversity of
development. The OSCAR element aids in determining the intensity
of development consistent with potential impact.
Mineral Resources:
No impacts.
Noise:
No direct correlation exists between the OSCAR element and noise
production.
Population and Housing:
The OSCAR element provides an inventory of potential man made
and natural resources that affect quality of life in community
development. The purpose of the element is to help decision -
makers avoid decisions that place segments of the community
population and land use at risk or remove vital aesthetic and
functional open space lands from the community palette.
Public Services:
The OSCAR element aids in siting determinations that serve to
protect or minimize impacts to all public services and
utilities.
Recreation:
The city maintains an active parks development and planning
function that considers the need for new facilities, expansion
of facilities or the need for off - setting private facilities to
insure recreational experiences for all citizens. The OSCAR
provides a framework for inclusion of open space planning in
determining the community fabric.
Transportation /Traffic:
No impacts directly related to the adoption of the OSCAR element
will occur.
Utilities and Service Systems:
Currently regional service providers and utility companies have
indicated that the general plan capacity for development can be
met. No impacts are anticipated.
Initial Study Comments
OSCAR Element
Page 4
Mandatory Findings of Significance:
The adoption and maintenance of an OSCAR element provides
beneficial guidance to decision makers with respect to balancing
of uses and needs within the community.
ITEM U . C
City of Moorpark
Community Development Department
Staff Report
PLANNING COMMISSION MEETING DATE: September 24, 2001
AGENDA ITEM NO.:
ENVIRONMENTAL ASSESSMENT
A Negative Declaration has been prepared and is subject to the
recommendation of the Planning Commission and final action of the
City Council.
LOCATION.
The proposed project is located 875 Los Angeles Avenue which is at
the northwest corner of the Los Angeles Avenue and Goldman Avenue.
POINDEXTER AVENUE
W
C� W = W Q
LU
me
Z
t
j __ __ a
V
NEW LOS ANGELES AVENUE
TIERRA REJAD� SITE
RECOMMENDATION SUMMARY: Continue public hearing open to November 8,
2001.
\ \MOR_PRI_SERV\ home_ folders\ PPorter \M \Ipd20- 10 \92401.pc.doc
Industrial Planned Development Permit for a
IPD
2000 -10
119,650 square foot mini - warehouse /office
building. PC action is a recommendation to
the CC who will take final action.
APN
1511-0-070-55
CEQA
Negative Declaration
APPLICANT: Asadurian Investments
ENVIRONMENTAL ASSESSMENT
A Negative Declaration has been prepared and is subject to the
recommendation of the Planning Commission and final action of the
City Council.
LOCATION.
The proposed project is located 875 Los Angeles Avenue which is at
the northwest corner of the Los Angeles Avenue and Goldman Avenue.
POINDEXTER AVENUE
W
C� W = W Q
LU
me
Z
t
j __ __ a
V
NEW LOS ANGELES AVENUE
TIERRA REJAD� SITE
RECOMMENDATION SUMMARY: Continue public hearing open to November 8,
2001.
\ \MOR_PRI_SERV\ home_ folders\ PPorter \M \Ipd20- 10 \92401.pc.doc
Planning Commission Staff Report September 24, 2001
Industrial Planned Development Permit No. 2000 -10
Page No. 2
BACKGROUND AND PRIOR ACTIONS
On September 26, 1985, Development Plan - DP 335 and DP 336 were
approved on the subject property by the Planning Commission (Reso
PC 85 -60) for an equipment rental yard. Major Modification No. 1 to
this Development Plan was approved on October 8, 1986 (Reso PC 86-
115) to permanently allow a permanent status for a modular building
to serve as an office and sales /rental facility. Minor
Modification No. 1 was approved on September 2, 1992 for fuel
storage tanks, and on November 20, 1997 Permit Adjustment 97 -11 was
approved for an additional fuel storage tank.
There have been two recent Code Enforcement actions at this site,
the first of which was for the removal of a previously required
wall on the south property adjacent to Los Angeles Avenue. The
second violation was for occupancy of a contractors service and
storage yard without a permit or Zoning Clearance. Enforcement
action for the wall violation was started on December 7, 1999 and
closed on February 23, 2001 upon verification of the replacement of
the wall. The contractors storage yard code action was formally
begun on February 21, 2001 and remains open as the yard continues
to operate in violation of the Zoning Ordinance provisions
requiring an Industrial Planned Development Permit.
ORDINANCES AND POLICIES
Section 17.20.060 of the Zoning Ordinance requires the filing and
approval of a Industrial Planned Development Permit for the
construction of buildings in the M -2 (Limited Industrial) zone.
Section 17.24.020B of the Code sets forth the criteria for
setbacks, height limitation and in the "notes" section requires the
buildings in commercial and industrial zones to comply with
setbacks from the edge of right -of -way of existing and planned two
(2) , four ( 4 ) and six ( 6 ) lane roads when they are depicted in the
adopted Circulation Element of the General Plan.
Planning Commission Staff Report September 24, 2001
Industrial Planned Development Permit No. 2000 -10
Page No. 4
The following are the site specifications for this proposed
development:
Site Square Footages
Building Site Coverage
58,119
sf
(51.8 %)
Landscape Site Coverage
17,882
sf
(15.9 %)
Hardscape Coverage
36,194
sf
(32.3 %)
Gross Site Area
112,195
sf
(100 %)
Managers Office (Included in Building "A ")
Managers Office - Ground Level 899 sf
Managers Office - Second Level 1,685 sf
Managers Office Garage - Garage 570 sf
Total 3,154 sf
Mini - warehouse
Building "A"
56,227 sf
Building "B"
30,292 sf
Building "C"
30,292 sf
Total
116,811 sf
Buildings.
This project consists of three (3) buildings, two of which are
interior to the site (Building "B" and "C ") and Building A which is
located around the perimeter. Buildings "B" and "C" are
approximately twenty two (22) feet high. Exterior.finishes include
a combination of split face masonry block (Los Angeles Block -warm
gray color), metal paneling with a factory applied finish (color:
DBCI Buckskin), a standing seam metal roof (color: Galvalume
Unfinished metal panel). The overhead metal roll -up doors have a
factory applied color of DBCI Buckskin. The east and west
elevations do not have the standing seam metal roof. As the end
elevations of Building "B" and "C" will be seen from Goldman
Avenue, these elevations should be modified to reflect design
features similar to those found on the street elevations for
Building "A ".
Planning Commission Staff Report September 24, 2001
Industrial Planned Development Permit No. 2000 -10
Page No. 5
SITE DEVELOPMENT
Architecture
The applicant's architect has discussed this project with staff for
the purpose of developing an architectural design that would be
considered compatible with development within the community.
Several drawings have been submitted for review and consideration.
The proposed architecture is of an eclectic style which
incorporates some aspects of Mediterranean as well as modernistic
features which includes many features and materials utilized in
other industrial buildings in the surrounding area such as opaque
glass (Spandral Glass) storefront windows, the use of split face
block combined with a standing seam metal roof and the use of a
tower element. Building "A" could make a more pronounced
architectural statement and enhance the street scene through the
utilization of additional splitface courses or other materials
which would minimize the monolithic look. Incorporating the use of
a soldier course at the top of the buildings and /or or other design
features and /or color combinations to enhance the visual appearance
would be appropriate. As previously noted, the east and west
elevations of Building "B" and "C" should be modified as they will
be seen from outside the property.
Access Gate,
The proposed white access gate located at the entry along Goldman
Avenue is seven (7) feet high and is proposed to be constructed of
wrought -iron which will allow visibility of the site interior from
the street. It is suggested that in order to restrict the view of
the interior of the site from the public right -of -way and enhance
the overall aesthetic value of the proposed buildings, that the
gate be constructed of solid metal, painted to match the building
and with design elements that soften the appearance of the gate
from Goldman Avenue.
Parking
Section 17.32 of the City's Municipal Code (Parking, Access and
Landscape Requirements), establishes parking and landscaping
requirements for industrial projects. As shown below, this
proposed project has a total of thirteen (13) parking spaces which
meets the minimum requirement of nine (9) spaces for the proposed
office and four (4) for the mini - warehouse. The following are the
Planning Commission Staff Report September 24, 2001
Industrial Planned Development Permit No. 2000 -10
Page No. 7
Height.
Section 17.24.020B of the Municipal Code allows a maxim height of
a building in the M -2 zone of thirty (30) feet with approval of the
decision - making authority allowing buildings to be increased to a
height up to sixty (60) feet. With the exception of the tower
element which has a height of forty (40) feet to the top of the
roof, the height of the main building is twenty eight (28) feet. As
the tower acts as an architectural element to enhance the
architectural theme of Building "A" and the height is in scale with
the size of the proposed buildings, the height of forty (40) feet
for the tower element may be appropriate.
Loadina Area
Section 17.32.090 of the Zoning Ordinance requires industrial
developments over 3,000 square feet to have a loading zone unless
it can be demonstrated that a loading zone is not necessary in
which case this case can be waived by the Director of Community
Development. In self storage facilities, customers park their cars
or trucks in the driveway in front of their storage locker. In
this case, it is recommended that due to the type of use, loading
zones not be required, therefore this provision of the code can be
recommended to be waived. Loading zones have not been required for
other mini - warehouse facilities such as A to Z Self Storage and
Moorpark Self Storage.
Landscaping Adjacent to Los Angeles Avenue
Section 17.24.020B of the Zoning Ordinance requires a minimum
thirty (30) foot building setback from four lane arterial streets
with a minimum of ten (10) feet of landscaping along the street
frontage. As proposed, this project provides an average of
approximately twenty eight (28) feet of landscaping adjacent to Los
Angeles Avenue which is consistent with landscaping provided with
other recently approved projects along the Los Angeles Avenue
corridor. Although there is a sufficient amount of landscaping
area along the Los Angeles Avenue frontage, staff suggests
additional tress, ground cover and mounding of landscaping so as to
help soften the look of the building fagade.
Landscaping Adjacent to Goldman Avenue
The applicant proposes an average of approximately fifteen (15)
Planning Commission Staff Report September 24, 2001
Industrial Planned Development Permit No. 2000 -10
Page No. 8
feet of landscaping along Goldman Avenue with meets the minimum
requirement for landscaping adjacent to a local street, but this
setback is not consistent with the industrial building contiguous
to the north which has a setback of approximately twenty eight (28)
feet. It is suggested the applicant increase the amount of
landscaped area along the street frontage of Goldman Avenue. This
will also serve to provide additional stacking area at the
entrance.
Overall Site Landscaoin
Approximately 12.4% of the site is covered by landscaping which
exceeds the minimum ordinance requirement of 10 %. All site
landscaping, with the exception of three (3) landscaping pockets
located along the northerly property line adjacent to an existing
parking lot, is located adjacent to the two streets.
The three (3) landscaped pockets on the north building elevation
are not adequate to soften the expansive building fagade as viewed
from the adjacent industrial building and Goldman Avenue. In order
to soften the building fagade, staff suggests that the building be
relocated approximately eight (8) feet inside the north property
line and that an eight (8) foot landscape area consisting of trees,
shrubs, ground cover and vines be required which would extend the
entire length of the property line. This would soften the visual
impact created by the three hundred ten (310) foot long building
expanse of the mini - warehouse as it abuts the existing parking lot
of the adjacent building.
Setbacks
Section 17.24.020B of the Zoning Ordinance requires a minimum
thirty ( 3 0 ) foot building setback from any four ( 4 ) and six ( 6 )
lane arterial streets shown on the Circulation Element. The
minimum setback from the front property line to the building along
Los Angeles Avenue is approximately twenty seven (27) feet which
does not meet the minimum thirty (30) foot building setback
required by Ordinance. For all existing and planned local
connector streets, the minimum required building setback is twenty
(20) feet. As the building setback along Goldman Avenue is
approximately fifteen (15) feet, the proposed project does not meet
the minimum setback required by the Zoning Ordinance. The site
plan must be revised to meet the minimum required setbacks. The
Ordinance allows interior setbacks for industrial projects not
adjacent to residential zones to be established as part of the
Planning Commission Staff Report September 24, 2001
Industrial Planned Development Permit No. 2000 -10
Page No. 9
permit review process.
As previously discussed in this report, staff suggests the building
setback along the north property line be increased from a zero (0)
setback to eight (8) feet to allow the opportunity for landscaping
to soften the view of the building from Goldman Avenue and to
provide an additional visual buffer from the parking lot located
contiguous to along the northern property line.
The proposed setback for Building "A" along the westerly property
line north of the existing reciprocal access easement is shown at
approximately two (2) feet from property line,. There is an
existing industrial building located north of the reciprocal access
easement that has been built on the property line. As currently
proposed, the mini - warehouse building is located two feet east of
the west property line which would create a two (2) foot space
between buildings. This area would be difficult to maintain,
collect debris would be unattractive as viewed from Los Angeles
Avenue and create an opportunity for potential criminal activity.
To avoid these potential issues, it is suggested the building
location be modified to have the building placed on the property
line.
Reciprocal Access Easement Along the Westerly Property Line
According to the applicant, there is an existing reciprocal access
easement along the western portion of the property which is
approximately 12 116" wide and is currently utilized by both this
property and the adjacent industrial building to the west. This
reciprocal access easement begins at the southwest property line
and continues north for approximately one hundred twenty (120)
feet. The reciprocal access easement allows ingress /egress to both
the applicant's property at the southwest portion -of the site, and
to the parking lot to the adjacent industrial building on the west.
The proposed project will eliminate need for a secondary access
from the west.
Automobiles have difficulty getting in or out of the parking stalls
because the existing drive aisle /parking stall width (approximately
381) does not meet the minimum Ordinance width requirement for
parking lots with ninety (90) degree parking (451) required. In
order to provide minimum adequate ingress /egress for this parking
area, it is suggested that this applicant be required as a
condition of this permit to increase the width of the existing
reciprocal access easement by an additional ten (10) feet. This
Planning Commission Staff Report September 24, 2001
Industrial Planned Development Permit No. 2000 -10
Page No. 10
would allow sufficient width to provide landscaping along the east
side of the parking lot adjacent to the proposed min - warehouse
building and allow sufficient width for the parking lot and drive
aisle.
ENVIRONMENTAL DETERMINATION.
Pursuant to California State law, an evaluation has been conducted
to determine if the proposed project will have a significant effect
on the environment, and based upon an Initial Study and analysis of
available information, it was found that there is substantial
evidence that the potential effects of the proposed project on the
environment will not have a significant effect on the environment;
therefore a Negative Declaration is recommended to be adopted in
compliance with the State of California Environmental Quality Act
Guidelines (CEQA) .
SUMMARY
The proposed mini - warehouse /office building facility, based upon
the current zoning designation of the site (M -2) can be considered
to be an acceptable use from the zoning /land use perspective.
However, from an appearance and functioning perspectives,
improvements are required as described in this report.
The following is a summary of recommended changes to the project
required to achieve compatibility with neighboring properties,
avoid potential safety issues, achieve consistency with code
provisions and result in a functional development.
• Provide enhanced landscaping along Los Angeles and Goldman
Avenues; provide a minimum eight (8) foot landscaping buffer
along the northerly property line adjacent to Building "A";
provide additional landscaping along Goldman Avenue to be
consistent with the adjacent industrial building to the north of
the project site.
• Increase the stacking distance at the entry to a minimum distance
as required by the City Engineer.
• Modify the architecture for the east elevation of Building "B"
and "C" as well as the building elevations facing Goldman and
Los Angeles Avenues.
• Increasing the interior turning radius to accommodate truck for
a sixty (60) feet throughout the interior of the site.
• Increase the width of the reciprocal easement with the property
Planning Commission Staff Report September 24, 20.01
Industrial Planned Development Permit No. 2000 -10
Page No. 11
to the west of this project by an additional ten (10) feet.
• Increase building setbacks along Los Angeles and Goldman Avenues,
along the northerly property line and along the westerly
property line adjacent to the existing industrial building
fronting Los Angeles Avenue.
• Revise the location of Building "A" along the western property
line north of the existing reciprocal access easement to be
placed on the property line.
Protect Conditions
Due to the several recommended changes to the project, staff has
not included the draft resolution or conditions for this Planning
Commission hearing.
RECOMMENDATIONS
1. Open the public hearing, accept public testimony.
2. Continue this request to the meeting of November 12, 2001,
hearing open with direction to project applicant concerning
recommended modifications.
ATTACHMENTS:
1. General Plan
2. Zoning Map
3. Initial Study and Negative Declaration
4. Project Exhibits
SPECIR PLAN 1
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NEGATIVE DECLARATION
INDUSTRIAL PLANNED DEVELOPMENT
IPD 2000 -10
LEAD AGENCY:
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA. 93021
APPLICANT:
ASADURIAN INVESTMENTS
875 NEW LOS ANGELES AVENUE
MOORPARK, CA
93021
PREPARED: September 6, 2001
ATTACHMENT 3
PROJECT DESCRIPTION:
A Industrial Planned Development application, IPD 2000 -10, will establish the design
and control of a approximately a 118,650 square foot mini - warehouse /office building on
a 112,195 square foot parcel. The applicant is proposing thirty one (31) foot access to
the site on the west side of Goldman Avenue.
The architectural style of this project is of a Eclectic Contemporary Mission Art. The
building elevations will have several relief features, including a standing seam metal
roof, accent parapet cap, building reveals utilizing contrasting colors, patterns, textures
and finishes to add variety and interest. In addition, the roof shape and forms utilizes
steep roof slopes and other treatments, the use of wrought iron fence and security gate
as well as the recessed entry to the site will provide contrast by varying patterns of
shades, sunlight and depth.
PROJECT LOCATION:
The project is located at 875 New Los Angeles Avenue on the northwest corner of New
Los Angeles and Goldman Avenues one property west of the southwest corner of Los
Angeles Avenue, Assessor Parcel No.511 -0- 070 -55.
PROJECT PROPONENT:
The project is being proposed by:
Asadurian Investments
875 New Los Angeles Avenue
Moorpark, CA 93021
PURPOSE:
The purpose of this Negative Declaration (ND) is to focus upon any potential
environmental impacts of the project identified by the Initial Study. Any potential
impacts will not require specific mitigation to ensure that impacts to the community or
the project area are reduced to a level of insignificance. Any potential impacts will be
reduced to a level of insignificance through standard conditions of approval imposed on
the project. The information contained in this document is intended to assist decision
makers in reaching conclusions concerning the environmental impacts of this project.
ENVIRONMENTAL PROCEDURES:
Asadurian Investments
Negative Declaration
September 6, 2001
Page No. 2
This ND is consistent with the California Environmental Quality Act (CEQA) 1970 as
amended (Public Resources Code 21000 et.seq.), the State Guidelines for
Implementation of CEQA (California Administrative Code 15000 et. seq.), and the City
of Moorpark Rules to Implement CEQA (Resolution 92 -872).
TECHNICAL STUDIES.
The following technical studies were prepared for the project.
1. EIR for Moorpark Land Use and Circulation Element Update and Sphere
of Influence Expansion Study (1992).
2. Federal Emergency Management Agency, Flood Insurance Rate Map,
Community Panel Number 060712 0005 A, September 29, 1986 and
revision dated August 24, 1990.
3. General Plan of the City of Moorpark.
4. Institute of Transportation Engineers, Trip Generation, 1987.
5. Moorpark Municipal Code, including Title 17, Zoning.
6. Moorpark Traffic Analysis Model, Model Description and Validation, June
1994.
7. Technical Appendices for the General Plan Noise Element, November
1994.
8. U.S.G.S. Topographic Quadrangle Maps for Moorpark.
9. Ventura County Air Pollution Control District, Guidelines for the
Preparation of Air Quality Impact Analyses, 1989.
10. Ventura County Air Pollution Control District, Ventura County Air Quality
Management Plan, 1991.
EFFECTS FOUND NOT TO BE SIGNIFICANT: NO IMPACT
Aesthetics: The project site does not involve scenic resources of the
community.
Agricultural Resources: The project occurs as an in -fill commercial project in the
urban core with no adjacent or abutting agricultural uses,
and there are no agricultural uses on the site.
Asadurian Investments
Negative Declaration
September 6, 2001
Page No. 3
Cultural Resources: Professional site investigations and literature reviews show
no archeological or cultural resources exist or are likely to
exist on the site, and no further work is required.
Mineral Resources: No SMARA resources have been identified in association
with the project site. Impacts to regional resources will not
occur nor will an impact to the capacity of existing resources
occur.
Population and Housing: The project will be consistent with General Plan build out
and land use development for the project area.
Recreation: The project will construct on -site facilities to serve the
project. Impacts to community parks and recreation can be
mitigated through the payment of development fees.
Biological resources: No suitable wildlife habitat was identified for this site.
Hydrology and Water Quality: The project will induce areas of impervious materials
and will require re- routing of on -site water to approved drainage facilities. During and
after construction, significant increase in pollution discharge is expected. Best
management practices will be required as standard conditions of approval which will
ensure that the level of pollutant discharge is within the acceptable limits under the
regional water quality control plan.
Transportation and Traffic: As determined by the City Engineer, as conditioned,
site generated traffic demands will not significantly contribute to future traffic that would
be generated by the subject mini - warehouse office building.
Asadurian Investments
Negative Declaration
September 6, 2001
Page No. 4
INITIAL STUDY CHECK LIST
ENVIRONMENTAL FACTOR s �nt
kmact
AESTHETICS
a) Have a substantial adverse effect on a scenic vista? ❑
b) Substantially damage scenic resources, including, ❑
but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c)Substantially degrade the existing visual character or 1:1 quality of the site and its surroundings?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in
the area?
AGRICULTURAL RESOURCES:
In determining whether impacts to agricultural
resources are significant environmental effects, lead
agencies may refer to the California Agricultural
Land Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on
agriculture and farmland. Would the project:
a)Convert Prime Farmland, Unique Farmland, or ❑
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non - agricultural
use?
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
c)Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland, to non - agricultural use?
AIR QUALITY - Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be
relied upon to make the following determinations.
Page 1
Less than Less than No knpact
SlgnRhcant SignKleant
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Would the project?
a) Conflict with or obstruct implementation of the 1:1 applicable air quality plan?
b) Violate any air quality standard or contribute a
substantially to an existing or projected air quality
violation?
c)Result in a cumulatively considerable net increase ❑
of any criteria pollutant for which the project region is
non - attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant 1:1 concentrations?
e) Create objectionable odors affecting a substantial
number of people? F1
BIOLOGICAL RESOURCES -- Would the project:
a) Have a substantial adverse effect, either directly ❑
or through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and wildlife Service?
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b) Have a substantial adverse effect on any riparian ❑ F1 habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or US Fish and Wildlife Service?
c) Have a substantial adverse effect on federally ❑ ❑
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
Initial Study for IPD 2000 -10 2
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d) Interfere substantially with the movement of any a ❑ ❑
native migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances ❑ ❑ ❑
protecting biological resources, such as a tree X
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat El El ❑
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
CULTURAL RESOURCES -- Would the project:
a) Cause a substantial adverse change in the ❑ ❑ ❑
significance of a historical resource as defined In
§15064.5?
b) Cause a substantial adverse change in the ❑ ❑ a �/
significance of an archaeological resource pursuant
to §15064.5?
c) Directly or indirectly destroy a unique El El Fol
paleontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those El El El interred outside of formal cemeteries?
GEOLOGY AND SOILS -- Would the project::
a) Expose people or structures to potential ❑ ❑ ❑
substantial adverse effects, including the risk of X
loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated ❑ ❑
on the most recent Alqulst Pnolo Earthquake Fault ❑ %�
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault? Refer to Division of Mines and Geology Special
Publication 42.
Initial Study for IPD 2000 -10 3
ii) Strong seismic ground shaking? ❑ ❑ X
iii) Seismic - related ground failure, including El El liquefaction? El X
iv) Landslides? 0 El ❑ X
b) Result in substantial soil erosion or the loss of ❑ a ❑ X topsoil?
c) Be located on a geologic unit or soil that is ❑ 1:1 El X
unstable, or that would become unstable as a result
of the project, and potentially result in on- or off -site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d) Be located on expansive soil, as defined in Table ❑
18- 1 -B of the Uniform Building Code (1994),
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting ❑ ❑ ❑ X the use of septic tanks or alternative waste water
disposal systems where sewers are not available for
the disposal of waste water?
HAZARDS AND HAZARDOUS MATERIALS --
Would the project:
a) Create a significant hazard to the public or the ❑ ❑
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the ❑ ❑ %�
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or ❑ ❑ ❑
acutely hazardous materials, substances, or waste
within one - quarter mile of an existing or proposed
school?
4
Initial Study for IPD 2000 -10
d) Be located on a site which is included on a list of ❑ X hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e) For a project located within an airport land use El X plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard for
people residing or working in the project area?
f) For a project within the vicinity of a private ❑ El El X
airstrip, would the project result in a safety hazard for
people residing or working in the project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
HYDROLOGY AND WATER QUALITY
Would the project:.
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or ❑
interfere substantially with groundwater recharge such
that there would be a net deficit in aquifer volume or a
lowering of the local ground water table levels (e.g. the
production rate of preexisting nearby wells would drop
to a level which would not support existing land uses or
planned uses for which permits have been granted)?
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c) Substantially alter the existing drainage pattern of the ❑ ❑ ❑ X site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation on- or off -site?
Initial Study for IPD 2000 -10
d) Substantially alter the existing drainage pattern of the ❑ 1:1 El �/
site or area, Including through the alteration of the X
course of a stream or river, or substantially increase the
rate or amount of surface runoff in a manner which
would result in flooding on- or off -site?
e) Create or contribute runoff water which would ❑ F1 exceed the capacity of existing or planned storm
drainage systems or provide substantial additional
sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100 -year flood hazard area
as mapped on a Federal Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
h) Place within a 100 -year flood hazard area structures
which would impede or redirect flood flows?
i) Inundation by seiche, tsunami, or mudflow?
j) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
LAND USE AND PLANNING
Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect?
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c) Conflict with any Habitat Conservation Plan [HCP] or
Natural Community Conservation Plan [NCCP]? El
MINERAL RESOURCES -- Would the project:
Initial Study for IPD 2000 -10 6
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a) Result in the loss of availability of a known ❑ � ❑ X mineral resource that would be of value to the region
and the residents of the state?
b) Result in the loss of availability of a locally- ❑ X important mineral resource recovery site delineated
on a local general plan, specific plan or other land
use plan?
NOISE --
Would the project result in:
a) Exposure of persons to or generation of noise ❑ 1:1 El levels in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive El El El X groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient ❑ 1:1 F1 noise levels in the project vicinity above levels
existing without the project?
d) A substantial temporary or periodic increase in ❑ ❑ ❑ ;�
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use ❑
plan or, where such a plan has not been adopted, F1
within two miles of a public airport or public use
airport, would the project expose people residing or
working in the project area to excessive noise
levels?
f) For a project within the vicinity of a private
airstrip, would the project expose people residing or ❑ 1:1 F1 X
working in the project area to excessive noise
levels?
Initial Study for IPD 2000 -10 7
POPULATION AND HOUSING -- Would the project:
a) Induce substantial population growth in an area, r7l ❑
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
c) Displace substantial numbers of people, ❑
necessitating the construction of replacement
housing elsewhere?
PUBLIC SERVICES
a) Would the project result in substantial adverse ❑
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any of the public
services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Initial Study for IPD 2000 -10 8
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RECREATION -
a) Would the project increase the use of existing ❑ ❑ El X
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or ❑ F1 1:1 require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment?
TRANSPORTATION/TRAFFIC -- Would the project:
a) Cause an increase in traffic which is substantial in ❑ ❑ ❑ X relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level of ❑ ❑ ❑ %�
service standard established by the county congestion
management agency for designated roads or
highways?
c Result in a change in air traffic patterns, including El ❑ ❑ X
9 P 9
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design ❑ ❑ ❑
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access? El ❑ El
f)Result in adequate parking capacity?
Initial Study for IPD 2000 -10 9
El ❑ El x
g) Conflict with adopted policies, plans, or programs ❑ 1:1 El supporting alternative transportation (e.g., bus X
turnouts, bicycle racks)?
UTILITIES AND SERVICE SYSTEMS
Would the project:
a) Exceed wastewater treatment requirements of the El ❑ ;�
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water 1:1 El X or wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm ❑ ❑ X
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve El El ❑ X
the project from existing entitlements and resources,
or are new or expanded entitlements needed?
e) Result in a determination by the wastewater a ;�
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted ❑ ❑
capacity to accommodate the project's solid waste
disposal needs?
Initial Study for IPD 2000 -10 10
MANDATORY FINDINGS OF SIGNIFICANCE ignUi ant Lou than ` "�'" " °'" ``
SipnlNCant Slpr�(lanc SlgnMlcarrt
kmact WIt,
Wdgadon
Incorporation
a) Does the project have the potential to degrade ❑ ;�
the quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below self- sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are individually ❑ a
limited, but cumulatively considerable?
( "Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and the
effects of probable future projects)?
c) Does the project have environmental effects ❑ %�
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Initial Study for IPD 2000 -10 11
ITEM
City of Moorpark
Community Development Department
Planning Commission Staff Report
DATE OF MEETING: September 24, 2001
REQUEST: Appeal various conditions established by the Director
of Community Development for approval of Administrative Permit
No. 2001 -10, to allow a second dwelling unit.
ENVIRONMENTAL ASSESSMENT: This appeal, together with the
Administrative Permit request, are categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) as
a Class 3 exemption under Section 15303 (Single - family Residence
or Second Dwelling Unit) of the Guidelines for Implementation of
the California Environmental Quality Act (CEQA).
LOCATION: 6086 Gabbert Road, located on the east side of Gabbert
Road between Darlene Lane and Aspen Hills Drive.
PROJECT
SITE ... „ .„
., .. n
AE
AE .. _ .
A \ M -2
NORTH I(0 }-� Hi
...„ ...
RECOMMENDATION SUMMARY: Deny the appeal.
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Appeal of decision by the Director of Community
Appeal No.
Development of various conditions required for
2001 -05
approval of Administrative Permit No. 2001 -10.
Assessor
APN Nos.: 500 -0- 330 -245 and 500 -0- 330 -245
Parcel
Numbers
CEQA
Not applicable.
Applicant:
Cindy Hollister
REQUEST: Appeal various conditions established by the Director
of Community Development for approval of Administrative Permit
No. 2001 -10, to allow a second dwelling unit.
ENVIRONMENTAL ASSESSMENT: This appeal, together with the
Administrative Permit request, are categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) as
a Class 3 exemption under Section 15303 (Single - family Residence
or Second Dwelling Unit) of the Guidelines for Implementation of
the California Environmental Quality Act (CEQA).
LOCATION: 6086 Gabbert Road, located on the east side of Gabbert
Road between Darlene Lane and Aspen Hills Drive.
PROJECT
SITE ... „ .„
., .. n
AE
AE .. _ .
A \ M -2
NORTH I(0 }-� Hi
...„ ...
RECOMMENDATION SUMMARY: Deny the appeal.
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Planning Commission Staff Report - Administrative Permit No.
2001 -10 - Hollister
September 24, 2001
Page 2
BACKGROUND AND PRIOR ACTIONS: On August 8, 2001, the Director of
Community Development granted approval of a manufactured home as
a second dwelling unit, subject to conditions. Approval was
granted, following an Administrative Public Hearing, during
which there was no public comment. Subsequently, on August 17,
2001, the applicant filed an appeal to conditions no. l.b.,
2 .b. , 2 .c. , 2.f. (as modified) , 2 .g. , 3, 41 6, and 7. The
application for a second dwelling unit was submitted in response
to a Notice of Zoning Violation, originally dated November 19,
1999, relating to the placement of a non - conforming,
manufactured home on a residential lot without approval or
permits. An application for Administrative Permit to allow
placement of a conforming, second dwelling unit was submitted on
May 18, 2001.
ORDINANCE AND POLICIES: Section 17.44.090 of the Zoning
Ordinance
permit i
aggrieved
Planning
date.
provides that within ten (10) calendar days after a
s approved, conditionally approved, or denied, any
person may file an appeal of the decision to the
Commission to be reviewed at the earliest convenient
General Plan and Zoning Designation and Land Use
Direction
General Plan
Zoning
Land Use
Site:
RL
RE -5 acre
Single - family Residence
North
RL
RE -5 acre
Single - family Residence
South
RH
RE -1 acre
Agricultural /Vacant
East
RH
RE -1 acre
Single- family Residence
West
RL
RE -5 acre
Estate /Single - family Residence
RL =Rural Low =1 dwelling unit /5 -acre maximum;
RH =Rural High =1 dwelling unit /acre maximum;
RE -5 ac =Rural Exclusive =5 -acre minimum lot;
RE -1 ac =Rural Exclusive =l -acre minimum lot.
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Planning Commission
2001 -10 - Hollister
September 24, 2001
Page 3
DISCUSSION:
conditions of
Development,
authorizing a
in the RE -5ac
Staff Report - Administrative Permit No.
Applicant has submitted an appeal to several
approval established by the Director of Community
under Administrative Permit No. 2001 -10,
second dwelling unit on approximately 39.46 acres
(Rural Exclusive 5 -acre Minimum Lot) Zone. The
approved second dwelling unit is a manufactured home which is
allowed under the Zoning Code provided it incorporates certain
design features and is manufactured on or after June 15, 1976.
The conditions of approval included in letters, dated August 8
and August 9, 2001, (Attachments 1 and 2) document that the
proposed unit is consistent with the code requirements or as
conditioned will be consistent with all code provisions.
The Letter of Appeal, submitted on August 17, 2001, (Attachment
3) identified nine (9) conditions that applicant requests be
eliminated or modified. The following conditions have been
appealed; applicant's statement has been summarized by staff
with the staff's response and recommendation following each of
applicant's comments:
Condition No. 1.b. - Summary
Placement of manufactured home to occur within fifteen (15 ) days
of approval of the permit.
Applicant Comment:
There is no basis for compliance within this time period.
Delete.
Staff Response:
The Zoning Ordinance does not specify a time limit for placement
of a second dwelling unit; however, one (1) year is frequently
used as a maximum timeframe for implementation of a
discretionary permit. In this circumstance, there is a non-
conforming manufactured unit on the property without permits and
a Zoning Violation has been pending since November 19, 1999,
(Reference C -99 -349). Numerous deadlines for compliance have
been established and the applicant was unwilling to cooperate
until just before referral to the City Attorney for prosecution
was to take place. April 27, 2001, was established as the date
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Planning Commission Staff Report - Administrative Permit No.
2001 -10 - Hollister
September 24, 2001
Page 4
for removal of the illegal unit, however upon submittal of
initial information needed to review an Administrative Permit,
additional time for compliance was granted. Additionally, on
numerous occasions, both the applicant and applicant's attorney
advised staff that "time was of the essence" because of the
opportunity to purchase a conforming, manufactured unit. The
submittal of this appeal further extends the time for compliance
with a Zoning Violation, which is now approximately three (3)
years old.
Recommendation:
Deny the appeal and establish a period of thirty (30) days to
locate the approved, conforming unit on site.
Condition No. 2.b. - Summary
The owner of the property shall submit a covenant declaring that
the occupant of the existing single- family, primary residence
has the right to place a manufactured home /second dwelling on
the site for use by an employee.
Applicant Comment:
Nothing in the Zoning Ordinance limits a second unit to
occupancy by an employee; it may be rented to anyone.
Staff Response:
Section 17.28.020(G)l.b. of the Zoning Ordinance clearly states
that, "the lot on which a second dwelling is to be constructed
shall contain an existing single- family dwelling which is owner -
occupied at the time of application for a Zoning Clearance and
Building Permit for a second dwelling unit." Cindy Hollister,
applicant, is not the property owner but is herself a renter.
The appealed condition does not preclude renting the second unit
but it does establish for the record that specific knowledge and
permission of the owner, relating to the use of the property is
known. Zoning violations which may occur on the property are the
responsibility of the owner, therefore, verification of
knowledge about its use is appropriate.
Recommendation: Deny the appeal.
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Planning Commission Staff Report - Administrative Permit No.
2001 -10 - Hollister
September 24, 2001
Page 5
Condition No. 2.c. - Sutmnary
The maximum size of the second dwelling shall not exceed thirty
(30 %) percent of the floor space of the existing single - family
primary residence, or 1,100 feet, whichever is less. Floor plans
of both units to be submitted and a site inspection are
required.
Applicant's Comment:
The primary residence was constructed in the 1920's or 1930's as
a farmhouse and is smaller than many new residences.
Manufactured homes built after 1976 are frequently approximately
792 square feet in size but in this case may be more than thirty
(30 %) percent of the existing square footage of the primary
dwelling unit. Adherence to the criteria in this condition
precludes placement of a manufactured unit on a 40 -acre site.
The Municipal code does not require information concerning floor
plans or inspection of the unit to take place. This condition
would be expensive to satisfy and is an invasion of privacy.
Staff Response:
Section 17.238.G.(ld) et seq. identifies the size of a second
dwelling unit, based upon the size of the primary dwelling unit
or property where placed. The criteria is based upon thirty
(30 %) percent of the floor area of the existing unit or lot size
whichever criteria yields the smaller square footage for the
second unit. For this request, it limits the size of the second
unit to thirty (30 %) percent of the square footage of the
primary unit. It is for this reason that knowledge of the square
footage of the existing unit is needed. Through the course of
evaluating the Administrative Permit, at least three (3)
different square footage calculations were provided to staff
which would result in a second unit, allowed to have from 372
square feet to 840 square feet, as noted in the attached memo,
dated August 8, 2001 (Attachment 4). Because staff has not been
given what can be considered as reliable information, the
condition that is being appealed was included. Both the
applicant and applicant's attorney, were fully aware of the
criteria before submitting the application. Second dwelling
units in single - family zones were mandated by State law in the
early 1980's and were originally called "Granny Flats." They
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Planning Commission Staff Report - Administrative Permit No.
2001 -10 - Hollister
September 24, 2001
Page 6
were intended to provide affordable units with minimum
disruption to established neighborhoods. The State law allowed
each jurisdiction to create standards that achieved the goal
without disrupting the fabric of residential areas. The Zoning
Ordinance makes no provision as to the date of construction of
the primary unit nor the size criteria that may have prevailed
at the time of construction. The intent of the code is to insure
that a second unit is not created to compete in size with the
primary unit.
Recommendation:
Deny the appeal. Allow applicant to submit a floor plan of the
existing primary residence, including overall square footage and
room sizes certified as true and accurate by a State Licensed
Architect in lieu of an on -site inspection. The-maximum size of
a second unit will be calculated from this information.
Condition No. 2.f. (as modified) - Summary
This condition requires construction of a two -car garage to
provide parking for the existing dwelling unit.
Applicant's Comment:
Applicant believed that parking required for the existing
primary residence could be provided in the existing basin and
that a new garage would not be required.
Staff Response:
There was originally some thought that parking in the existing
barn would be acceptable, eliminating the need for a new garage
structure. However, it was subsequently discovered that the barn
structure was located more than 250 feet from the existing
residence, making it doubtful that it would be utilized. The
Zoning Ordinance requires a two -car garage for single- family
dwellings. The lack of covered parking for this use established
it as non - conforming; a condition which should be corrected when
more intensity of development takes place.
Staff Recommendation:
Deny the appeal.
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Planning Commission Staff Report - Administrative Permit No.
2001 -10 - Hollister
September 24, 2001
Page 7
Condition No. 2.g. - Summary
This condition requires the construction of a paved parking area
for the proposed second dwelling unit, along with a paved
driveway providing access to the parking for the primary and
secondary unit.
Applicant's Comment:
The existing residence was built without paved parking and the
Ventura County Fire Department requires only an all- weather
surface, not a paved surface. At least one (1) other residence
in the area has a dirt driveway.
Staff Response:
Section 17.32.030 of the Zoning Ordinance states, "that all
required parking and access thereto be paved with asphalt,
concrete, or other material of similar rigidity and durability
and adequate drainage shall be provided." Additionally, Section
17.32.060.E. specifically states, "that access to parking spaces
must be paved with a minimum of 2 -1/2 inches of asphalt or
concrete."
The applicant is correct in stating that one (1) other dwelling
in the area has an unpaved driveway, which' occurs at the
dwelling next door to the subject property. However, all other
residential structures in the area have paved parking and
access, although some are in need of repair. The Ventura County
Fire Department does not consider an unpaved surface as "all
weather."
Recommendation:
Deny the appeal.
Condition Nos. 3 and 7 - Summary
Both of these conditions address the "at random" existence of
various containers, equipment or miscellaneous items that create.
a questionable appearance in the neighborhood.
Applicant's Comment:
Open storage of 1,000 square feet is allowed, as is the presence
of implements required for animal husbandry and farming which
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Planning Commission Staff Report - Administrative Permit No.
2001 -10 - Hollister
September 24, 2001
Page 8
are needed or used on a daily basis. The authority to remove or
screen these items has not been given to the Planning Director
by the Zoning Ordinance.
Staff Response:
The Zoning Ordinance in Section 17.28.020.F.(2) allows a maximum
of 1,000 square feet of open storage when screened from view
from a public right -of -way within 300 feet of the storage.
Additionally, Section 17.28.020.F. (5.b.) exempts items used by
the residents on the property for property maintenance or other
needs accessory to the principal use. The conditions included in
the Administrative Permit were intended to address the generally
unkept nature of the property when it was viewed at the initial
stage of code violation and at each subsequent inspection and
additional notice of violation. The placement of the trash
dumpster has been the subject of neighbor complaints, and its
relocation to a less- visible area or provision for screening
would seem reasonable. The use of old bath tubs and tires for
water and feed for horses is common and need not be addressed
for cleanup or relocation. Section 17.28.030 of the Zoning
Ordinance establishes standards relating to animals, which
authorizes enforcement proceedings, if litter, garbage or the
accumulation of manure takes place.
Staff Recommendation:
Deny appeal and incorporate clarification of intent of the
subject conditions. Evaluate the need to relocate or screen the
trash dumpster.
Condition No. 4 - Sunmiary
Remove the existing, non - permitted, second unit from the
property within sixty (60) days of approval, of the proposed
conforming, second unit. Relocate the non - permitted unit to a
screened area, when the approved unit is placed, and post a
$2,000 surety to guarantee performance removal of the non -
permitted unit.
Applicant's Comment:
This condition is coercive, selective enforcement and violates
the residents' right to maintain licensed vehicles that could be
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Planning Commission Staff Report - Administrative Permit No.
2001 -10 - Hollister
September 24, 2001
Page 9
used as a travel trailer. Moving it behind the barn is
infeasible; more than sixty (60) days is required for sale or
disposal.
Staff Response:
The sixty (60) day period is reasonable and was communicated to
the applicant at the time of the Administrative Hearing, as was
the suggestion to place the unit behind or near the barn, to
reduce its visibility from the public right -of -way. As
previously noted, this violation has been in place for almost
three (3) years and the applicant has continuously resisted City
attempts to achieve compliance. The unit has been placed and is
being used illegally, without permits or permission. Applicant
and applicant's attorney have told staff on several occasions
that the existing unit is not a travel trailer and requires
special equipment (large truck) to move the unit. The terms of
achieving compliance with the Zoning Ordinance are set by the
agency not by the violator. The City has been patient and
reasonable, however the violator has not responded, therefore
the $2,000 surety is justified.
Staff Recommendation:
Deny the appeal. Staff will work with applicant to identify a
feasible location for storage of the illegal unit for a maximum
of sixty (60) days from conclusion of appeal proceedings.
Condition No. 6 - Summary
Pay all outstanding processing fees with the adjusted fee
requested at $1,320.
Applicant Comments:
The fee of $1,320 is excessive and beyond the authority of the
Planning Director under the Municipal Code.
Staff Response:
A review of this condition on page 5 of the conditions of
approval of Administrative Permit No. 2001 -10 clearly states
that there are limitations on processing fees that can be
collected concerning cost overruns without City Council action.
The outstanding processing fee requested has been adjusted from
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2001 -10 - Hollister
September 24, 2001
Page 10
the actual documented cost to evaluate the applicant's proposal.
Additionally, there has been an updated accounting of staff time
reported for this project, which at 39.75 hours, would equate to
a cost of $3,498, not $3,300, as noted by Condition No. 6. The
Director of Community Development reviewed the processing
charges that were posted to this project and concluded that the
time spent on analysis was longer than appropriate and adjusted
the charges accordingly. Additionally, it should be pointed out
that this application was incomplete and inaccurate from the
time of its original submittal, which requires additional staff
time for communication and analysis, therefore increasing the
cost.
Staff Recommendation:
Deny the appeal. If applicant is unwilling to pay the adjusted
processing fee of $1,320, based upon the conditions of approval,
a request for City Council review of the charges may be
submitted to staff for Council action.
SUN MARY
The conditions of approval of Administrative Permit No. 2001 -10
reflect a complete analysis of the request, consistent with code
provisions. The code provisions, as noted in this report, are
clear and represent a vision of aesthetic improvement when
increased development is requested. Submission of complete and
accurate information and cooperation through the process by the
applicant usually results in reduced costs and timely
conclusions.
STAFF RECOMMENDATIONS
1. Open the public hearing, accept public testimony and close
the public hearing.
2. Adopt Resolution No. 2001- denying Appeal No. 2001 -02.
Attachments:
1. Letter of Approval - Administrative Permit, dated 8/08/01.
2. Addendum to conditions - Administrative Approval, dated
8/09/01.
3. Applicant's letter of appeal
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Planning Commission Staff Report - Administrative Permit No.
2001 -10 - Hollister
September 24, 2001
Page 11
4. Community Development Department memorandum
Second Unit, dated 8/08/01.
5. Administrative Permit No. 2001 -10 - staff
7/17/01.
6. Letter - Applicant's attorney, dated 7/18/01
7. Letter - Application status, dated 4/27/01.
8. Letter - Status of Violations, dated 1/26/01.
9. Second unit elevations, dated 5/18/01.
10. PC Resolution No. 2001-
re: Size of
report, dated
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MOORPARK
r ~f
1 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
August 8, 2001
Cindy Hollister
6086 Gabbert Rd.
Moorpark, Ca 93021
Subject: Approval of Administrative Permit No. 2001 -10, granting
approval of a 14 foot by 66 foot mobile home for use as
a second dwelling unit at 6086 Gabbert Rd. (APNs 500 -0-
330 -245 and 500 -0- 330 -255), Cindy Hollister, applicant.
Dear Ms. Hollister,
Your request for an Administrative Permit to allow a 14 foot by 66
foot manufactured home for use as a second dwelling unit at 6086
Gabbert Rd. has been approved subject to the conditions noted in
this letter.
Approval of this request is a result of compliance with Section
17.20.050 of the Zoning Ordinance which requires approval of an
Administrative Permit before issuance of a Zoning Clearance or
Building Permit. Based upon the office hearing held by the
Community Development Department for your project on July 17, 2001,
at which time verbal comments were received, your request has been
acted upon.
The Director of Community Development has determined on August 8,
2001, based upon a review of your project and the results of the
referenced office hearing, that your request for the aforementioned
second dwelling unit is approved subject to the following
conditions:
1. In accordance with Section 17.28.020.B of the Zoning Ordinance
for Mobilehomes and Manufactured Housing:
a) The manufactured home must be constructed on or after June 15,
1976. In compliance with the requirements of the Municipal
Code, and the California Department of Housing and Community
Development Registration Card Decal No. LBC4127, a copy of
which is on file in the official file for Administrative
Permit No. 2001 -10. Additionally, proof of manufacture date
shall be clearly affixed to the unit and /or available for
inspection.
ATTACHMENT,
M: \AFisher \M \Administrative Permits \ADP 2001- 10 \Adp 01 -10 approval letter.doc
PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE JOHN E. WOZNIAK
AAnwnr NAntinr Prn Tom Cot indmPmber Coundlmember Counciimember
Administrative Perm__ 2001 -10 (Cindy Hollister)
August 8, 2001
Page 2 of 6
b) The manufactured home must be placed on a permanent
foundation, as determined by the Department of Building and
Safety in compliance with state law within fifteen (15) days
of the date of approval indicated in this letter. The
manufactured home shall be connected to all utilities.
Separate metering from the primary unit is not required. If
the proposed unit is to be connected to a septic system,
copies of the required permits shall be provided to the
Community Development Department prior to the issuance of a
Zone Clearance and Building Permit.
c) The exterior siding shall extend to the ground level, or
manufactured home skirting matching the color and material of
the manufactured home shall completely enclose the foundation
support system and the tongue. The manufactured home siding
shall be comprised of an exterior material subject to review
and approval by the Director of Community Development. The
paint colors shown on the color board submitted to the
Community Development Department on June 6, 2001, and included
as a part of this approval, shall be Benjamin Moore paint no.
1024 for the frame and shutters and Benjamin Moore paint no.
1025 for the walls. The exterior (the "wood -tone siding"
appearance) of the manufactured home shall be maintained free
of chips, excessive fading, or peeling as determined by the
Director of Community Development, for as long as the
manufactured home is located on this property.
d) The project shall conform to the revised site plan and
elevations received on July 19, 2001, except as revised by the
conditions of approval contained in this letter.
e) The manufactured home shall
less than two (2) inches ve
inches of horizontal run and
that match the roof color
residence and equal to or
product life.
have a roof with a pitch of not
rtical rise for each twelve (12)
shall consist of asphalt shingles
of the existing single family
better in quality, weight, and
f) The manufactured home shall include a covered porch not less
than eighteen (18) feet wide by seven and one half (71-�) feet
deep, as identified on the building elevations of the
submitted application.
2. In accordance with Section 17.28.020.G of the Zoning Ordinance
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Administrative Perm-,-,- 2001 -10 (Cindy Hollister)
August 8, 2001
Page 3 of 6
for a Second Dwelling:
a)The manufactured home /second dwelling shall be placed on the
same lot as the existing single- family residence (identified
as APNs 500 -0- 330 -245 and 500 -0- 330 -255). If this property is
subsequently divided into two separate parcels, the
manufactured home /second dwelling shall be removed from the
site, or brought into conformance with the Zoning Ordinance
requirements in effect at the time for a primary single- family
residence, prior to recordation of the final map. The covenant
required in condition 2(b) shall contain language affirming
this requirement.
b) The existing single- family primary residence shall be occupied
either by the property owner or the designated property
manager /lessee at the time of application for a building
permit for the second dwelling. The owner of the property
shall submit a covenant declaring that the occupant of the
existing single - family primary residence has the right to
place the manufactured home /second dwelling on the property
for use by an employee or employees who work on site. A copy
of this covenant shall be submitted to the Director of
Community Development for review and approval. Prior to the
inspection for occupancy of the second dwelling, the required
covenant approved by the Director of Community Development
shall be recorded, and copies of the recorded covenant shall
be provided to the Planning Department.
c) The maximum size of the second dwelling shall not exceed
thirty percent (300) of the floor space of the existing
single - family primary residence, or 1,100 (one thousand one
hundred) square feet, whichever is less. Prior to the issuance
of a Zone Clearance and Building Permit for the proposed
second unit, floor plans (drawn to scale and dimensioned) for
both the existing primary single - family residence and the
proposed second dwelling unit /manufactured home shall be
provided to the Community Development Department.
Additionally, the applicant shall request an occupancy
inspection be conducted by the Department of Building and
Safety to verify the square footage of the existing primary
single- family residence, prior to the issuance of a Zone
Clearance and Building Permit. No Zone Clearance nor Building
Permit shall be issued for the installation of the second
dwelling unit unless it is demonstrated and verified that the
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Administrative Perm_, 2001 -10 (Cindy Hollister)
August 8, 2001
Page 4 of 6
ti
second dwelling unit is in conformance with this condition of
approval. All costs related to the inspection of structures
required by this condition shall be paid directly to the
Department of Building and Safety and are not considered as
part of the entitlement processing fee.
d) Not more than two dwelling units total shall be allowed on the
property. No part of the existing primary single - family
residence nor any part of the proposed second dwelling unit
can be converted for use as a separate dwelling unit.
e) This second dwelling may not be sold as a separate unit but
may be rented or leased consistent with Section
17.28.020(G)(1)(f) of the Municipal Code.
f) Two covered or enclosed parking spaces, each a minimum of 9
feet wide by 20 feet deep (equivalent to a two -car garage)
shall be provided for the existing single - family primary
residence.
g) One (1) covered or uncovered off - street parking space shall be
required for the second dwelling unit. The size of this
parking space shall be an unobstructed minimum of nine (9)
feet wide by twenty (20) feet deep. Access to the parking area
for the second dwelling shall be at least ten (10) feet wide
and shall be paved with asphaltic concrete two (2) inches
thick over a four (4) inch thick prepared base or as
determined by the City Engineer. As an alternative to the
paving of access to the second unit, consideration will be
given to the paving of the access road to the primary dwelling
unit to serve as access to both structures. Required parking
for the second unit may remain as shown or may be relocated to
be served by a paved driveway to the primary residence.
h) Any and all uses and structures on the property, except the
existing primary residential unit and barn, that have not been
permitted shall be removed, or permits shall be obtained prior
to final inspection for the second dwelling unit. The
structures identified on the site plan as structures to be
removed shall be removed prior to the issuance of a Zone
Clearance for this second unit.
3. The existing dumpsters used for horse maintenance and trash as
identified on the attached site plan shall be visually screened
M: Wisher \M \Administrative Permits \ADP 2001- 10 \Adp 01 -10 approval letter.doc
Administrative Perm- 2001 -10 (Cindy Hollister)
August 8, 2001
Page 5 of 6
from view from the public right -of -way by relocating them to
behind the residences, or through the addition of landscape
screening or the addition of solid fencing in a neutral color to
blend in with the background prior to issuance of a Certificate
of Occupancy for the second unit.
4. The existing second dwelling unit /travel trailer that is
currently located on the property without a permit shall be
removed from the site within sixty (60) days of the issuance of
a Zone Clearance for this proposed second unit. The applicant
shall provide a cash deposit or a Certificate of Deposit (CD) in
the amount of $2,000.00 to guarantee this removal. In the event
that said removal does not take place within the time specified
above, this deposit will be utilized by the City at its sole and
unfettered discretion to pursue a legal solution concerning the
unauthorized dwelling unit. During this sixty (60) day period,
the existing trailer shall be relocated to behind the barn or to
another location on the property, as determined by the Director
of Community Development, such that this vehicle shall not be
visible from the street. This required posting of surety and
relocation of the trailer shall occur prior to issuance of a
Zone Clearance and Building Permit for this proposed second
dwelling unit.
5. All permit and fee requirements must be met, including the
requirement for a Zone Clearance and Building Permit and the
payment of all applicable development fees for a new
residence /second dwelling unit.
6. Outstanding processing fees for Administrative Permit 2001 -10
shall be paid prior to issuance of a Zone Clearance and Building
Permit. The current cost of processing this request is
approximately $3,300.00 including the $264.00 application
deposit initially paid. There are certain limitations concerning
the amount of cost overrun that can automatically be required
without City Council action, which is 750 of the $264.00
deposit, or $198.00. The adjusted outstanding processing fee due
and payable prior to issuance of a Zone Clearance is $1,320.00
(adjusted to 18 hours multiplied by $88.00 per hour, the total
of which is $1,584.00, minus the $264.00 paid, which equals
$1, 320.00) .
7. The property shall be maintained, in accordance with the
provisions of Section 8.48.020 of the Moorpark Municipal Code.
M: Wisher \M \Administrative Permits \ADP 2001- 10 \Adp 01 -10 approval letter.doc
Administrative Pern,_. 2001 -10 (Cindy Hollister)
August 8, 2001
Page 6 of 6
Prior to issuance of a Zoning Clearance and Building Permit, the
old tires and bathtub located westerly of the proposed second
dwelling /manufactured home shall be removed or relocated to
within the existing barn corral area on the property.
As stated in Section 17.44.090 of the-Zoning Ordinance, within 10
calendar days after the permit has been approved, conditionally
approved or denied, any aggrieved person may file an appeal of the
approval, conditional approval or denial with the Planning Division
of the Community Development Department who shall set a hearing
date before the Planning Commission to review the matter at the
earliest convenient date.
Should you have any questions or comments concerning the above
conditions or the process that you have just completed please do
not hesitate to call Abigail Fisher at (805) 517 -6226.
Sincerely,
l d t
W yne ftus
Director of Community Development
C: Michael Harris (property owner)
Mitchel B. Kahn (applicant's representative)
Neal Scribner (applicant's architect)
Building and Safety
ADP 2001 -10 File
File C -99 -349
Zone Clearance File
Chroni File
Attachment: Revised Site Plan and Elevations received July 19, 2001
M: Wisher \M \Administrative Permits \ADP 2001- 10 \Adp 01 -10 approval letter.doc
MOORPARK
1 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
August 9, 2001
Cindy Hollister
6086 Gabbert Rd.
Moorpark, Ca 93021
Subject: Addendum to Conditions of Approval for Administrative
Permit No. 2001 -10 for a 14 foot by 66 foot mobile home
for use as a second dwelling unit at 6086 Gabbert Road
(APNs 500 -0- 330 -245 and 500 -0- 330 -255), Cindy Hollister,
applicant.
Dear Ms. Hollister,
Your request for an Administrative Permit to allow a 14 foot by 66
foot manufactured home for use as a second dwelling unit at 6086
Gabbert Road was approved subject to the conditions noted in the
approval letter dated and mailed August 8, 2001. This letter is a
f -ollow -up on Condition of Approval number 2(f) which is herein
revised /clarified as follows:
Two enclosed parking spaces in a two -car garage a minimum of 20
feet wide by 20 feet deep shall be provided for the existing
single - family primary residence prior to the issuance of a
Certificate of Occupancy for the second unit.
Should you have any questions or comments, please do not hesitate
to call Abigail Fisher at (805) 517 -6226.
Sincerely,
4, '
W7e Lof. s
Director of Community Development
C: Michael Harris (property owner)
Mitchel B. Kahn (applicant's representative)
Neal Scribner (applicant's architect)
Building and Safety
ADP 2001 -10 File
File C -99 -349
Zone Clearance File
Chroni File
ATTACHMENT2
M: \AFisher \M \Administrative Permits \ADP 2001- 10 \Adp 01 -10 approval letter ad
PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE JOHN E. WOZNIAK
• • •-• .- - �--- T rni inrvirnomhcr C;ouncilmember Councilmember
GROUNDS OF APPEAL - ADMINISTRATIVE PERMIT NO. 2001-10
CONDITION 1 b. There is no basis or authority to require full compliance with the
Administrative Permit within IS days of its issuance. It is physically impossible to conclude the
purchase /financing of the new unit, prepare the site and complete all work within the time frame
being demanded. Such a demand demonstrates the arbitrary and capricious nature of the enforcement
action by the City.
CONDITION 2b. Nothing in the Municipal Code requires or allows the Planning Director to
require that the manufactured home /second dwelling be used only by an employee or employees
working on the site. Therefore, the requirement for a recordable covenant to that et ect is an unlawful
requirement. In fact, the second dwelling may be rented or leased pursuant to Municipal Code
section 17.28.020, subdivision G.l.f. See Condition 2e of Administrative Permit No. 2001 -10.
CONDITION 2c, Municipal Code section 17.28.020, subdivision Gr.l.d.iv, requires second
units on acreage exceeding 5 acres to be the lesser of 1,100 square feet or 30% of the primary
residence. The primary residence was constructed in approximately the 1.920's or 1930's as a farm
house, much smaller than the extravagant residences being constructed on larger parcels today. A
standard single wide mobile home meeting 1976 construction standards is 66 feet by 12 feet, or 792
square feet. 792 square feet is substantially less than the maximum allowable size for a second
dwelling of 1,100 square feet, but may not be 30% of the existing residence. Not permitting a
standard single wide unit constructed to meet 1976 or later standards on the basis that it may be
greater than 30% of the primary residence in size effectively eliminates the use of a mobile home as a
second dwelling on a parcel nearly 40 acres in size.
CONDITION 2c. Nothing in the Municipal Code requires the property owner to provide, or
allows the City to demand, interior floor plans of the primary and secondary dwelling units or
inspection of the interior of the primary unit. That added expense and invasion of privacy does not go
to the issue of size or to any other issue related to enforcement of the permit conditions.
CONDITION 2f (Modified). In correspondence with the City on January 5 and January 26,
and communications with my architect, it was made clear that the issue requiring resolution was the
age of the mobile home that replaced an even older unit. The replacement was done at some expense
and with the intent to upgrade the unit urithout realizing that the City required a permit to accomplish
that upgrade. Because of the age of the other structures on the property, I was advised there was no
intent to "run the book" on the property to require everything to be brought up to a current standard.
There was even the comment made at the administrative hearing that if "running the book" on the
property was intended, the code enforcement officer would have done that and may have had a
longer list of violations simply because the hone was constructed before County building standards
were adopted..
During; conversations with my architect and with my attorney, it was clear that the barn could
be counted as covered parking for at least two vehicles so that a new garage would not be required.
ATTACHMENT3
The modified Condition 2f. appears to reverse that position and now requires the construction of a
garage (and, within 15 days, if Condition 1 b. is enforced). This Condition is onerous, burdensome,
unfair and arbitrary.
CONDITION 2g. The primary residence was constructed without a paved access or parking
area, consistent with the standards for farm houses in the 1920's - 1930's. Requiring paved access is
more than is required by the Ventura County Fire Prevention District serving as the City's fire
department. The District standard is an "all- weather" road than can sustain the weight of 20 -ton
vehicle. At least one other horse in the immediate vicinity does not have paved access or parking
areas. All this condition does is further increase the cost of compliance, serving no other legitimate
purpose.
CONDITIONS 3 AND 7. The conditions requiring removal or screening of the implements of
animal husbandry and farming used on a daily basis by the household are exempt by the screening
requirements of Municipal Code section 17.28.020F.
A. Open storage outside of setback areas and not exceeding 1,000 square feet are
permitted on lots of 30 -plus acres.
B. Material and equipment kept on any lot and used periodically or continuously on
the property by the resident(s) thereof, such as trash cans or barrels and equipment for maintenance of
the property are expressly exempt from any open storage requirements.
The bins for horse manure, the tires used as horse feeders and the bathtub used for
horse water containers all meet the standard for exemption from open storage limits and
requirements. Therefore, the Planning Director is exceeding his authority to require the removal or
screening of those items necessary for horses and use of the property by the resident(s) consistent
with its zoning.
CONDITION 4. Requiring the removal of the existing unit within 60 days of the issuance of
a zone clearance, moving it behind the barn during that period of time and posting a $2,000.00 surety
to assure its removal is coercive, selective enforcement, and violates the resident's right to maintain
the unit licensed for travel on public streets as a vacation trailer - so long as it is not used as a
secondary residential unit.
It is the appellant's intention to sell and remove the unit as quickly as possible. Because
of its age, it will likely take more than 60 days to do so and there is no other place to move it to. We
offered to minimize or eliminate the view of the unit from Gabbert Road during that time without
response from the Planning Director. Moving it behind the barn is infeasible.
CONDITION 6. The fee of $1,320.00 is excessive, and beyond the authority of the Planning
Director to impose under the Municipal Code.
1)
Memo
To: Wayne Loftus, Director of Community Development
CC: John Libiez, Planning Manager
ADP 2001 -10 file
From: Abigail Fisher, Assistant Planner Af
Date: August 8, 2001 (revised from memo dated July 24, 2001)
Re: Maximum size of proposed second dwelling unit at 6J86 Gabbert Rd. and revised conditions
of approval for ADP 01 -10
One of the issues raised by Mitchell Kahn, CindyHollister's attorney, at the hearing for Administrative
Permit (ADP) 2001 -10 on July 17, 2001 concerns the proposed condition of approval 2(c) which
states: "The maximum size of the second dwelling shall not exceed thirty percent (30 %) of the floor
space of the existing single - family primary residence, or 792 square feet, whichever is less." You had
agreed at the hearing to revise this condition of approval as requested by Mr. Kahn to state the
limitation on square footage consistent with the language of Section 17.28.020(Gx1)(d)(iv) of the
Zoning Ordinance, i.e. "The maximum size of the second dwelling shall not exceed thirty percent
(30 %) of the floor space of the existing single - family primary residence, or 1,100 (one thousand one
hundred) square feet, whichever is less."
However, the actual size of the existing single - family primary residence and the actual size of the
proposed second dwelling unit/manufactured home are unclear, and the two tables on the following
page provide an itemized list of the various sources of information available and the maximum
allowable size of a second unit based on this information. Please note that I worked with Ray Young,
and Building and Safety has no additional records nor floor plans for the property. Also, the County
Assessor has no records of the existing primary residence nor the existing bam on the property,
based on the HdL database for the property and my telephone conversation with Jeana at the
County Assessor's office this morning (regarding both parcel numbers as well as the previous parcel
number). Based on the information above and in the tables on the following page, I recommend that
condition of approval be revised to read as follows:
The maximum size of the second dwelling shall not exceed thirty percent (30 %) of the floor space of the
existing single - family primary residence, or 1,100 (one thousand one hundred) square feet, whichever is
less. Prior to the issuance of a Zone Clearance and Building Permit for the proposed second unit, floor
plans (drawn to scale and dimensioned) for both the existing primary single - family residence and the
proposed second dwelling unit/manufactured home shall be provided to the Community Development
Department. Additionally, the applicant shall request an occupancy inspection be conducted by the
Department of Building and Safety to verify the square footage of the existing primary single - family
residence, prior to the issuance of a Zone Clearance and Building Permit. No Zone Clearance nor Building
Permit shall be issued for the installation of the second dwelling unit unless it is demonstrated and verified
that the second dwelling unit is in conformance with this condition of approval. All costs related to the
inspection of structures required by this condition shall be paid directly to the Department of Building and
Safety and are not considered as part of the entitlement processing fee.
MAAFisherlMlAdministrabve Permi s\ADP 200 W �c "7 Page 1 of 3
TABLE 1
Square footage of existing primary dwelling
Maximum size allowed for second unit
Zone Clearance 94 -175 approved on 7/22/94 for a TO
unit 480 sq. ft. in size at 6086 Gabbert Rd. notes that
372 sq. ft.
the main unit is 1,240 sq. ft.
Zone Clearance application denied on 7/27/94 fora Zo
372 sq. ft. (for 1,240 sq. ft. main unit);
unit 480 sq. ft. in size at 6086 Gabbert Rd. notes that
480 sq. ft. (for 1,600 sq. ft. main unit)
main unit is 4,600 1,240 sq. ft.
The site plan submitted with the applicationfor ADP 01-
10 on 6/6/01 identifies the existing primary dwelling as
810 sq. ft.
2,700 sq. ft.
The revised site plan submitted for ADP 01 -10 on
6/8/01 identifies the existing primary dwelling as 2,800
840 sq. ft.
sq. ft.
The revised site plan submitted for ADP 01 -10 on
7/19/01 identifies the existing primary dwelling as 2,800
840 sq. ft., or 1,100 sq. ft. if basement
sq. ft. with a 1,050 sq. ft. basement for a total of
included in floor area
3,850 sq. ft.
TABLE 2
Square footage of proposed second dwelling unit
The elevations submitted for ADP 01 -10 show a manufactured home that is 12 ft. wide by 66 ft. long
(outside dimensions) which is approximately 792 sq. ft.
NOTE: Main unit must be at least 2640 sq. ft. for a second unit 792 sq. ft.
The California Department of Housing and Community Development Registration Card for the
proposed manufactured home (Decal No. LBC4127) submitted for ADP 01 -10 identifies this
proposed unit as 14 ft. wide by 66 ft. long, which isapproximately 924 sq. ft.
NOTE: Main unit must be at least 3080 sq. ft. for a second unit 924 sq. ft.
The revised site plan submitted for ADP 01 -10 on 6/8/01 identifies the proposed second unit as900
sq. ft.
NOTE: Main unit must be at least 3000 sq. ft. for a second unit 900 sq. ft.
The revised site plan submitted for ADP 01 -10 on 7/20/01 identifies the proposed second unit as 792
sq. ft.
NOTE: Main unit must be at least 2640 sq. ft. for a second unit 792 sq. ft.
The revised site plan submitted for ADP 01 -10 on 7/19/01 identifies the proposed second unit as
1,100 sq. ft. max.
NOTE: Main unit must be at least 3, 667 sq. ft. for a second unit 1,100 sq. ft.
M: 1AFisherlM\Administrative Permits\ADP 2001 -10 \Memo to Director 848 -01.doc Page 2 of 3
Please also note the following and advise me accordingly as noted:
➢ The revised site plan identifies a location for the storage of the travel trailer until the applicant
sells the travel trailer. Please advise me regarding this proposed location.
➢ There is an added condition of approval (condition 7) regarding property maintenance, which
specifically includes language requiring the removal of an old bathtub and old tires that are on the
western portion of this property.
➢ "Permanent" foundation (condition 1b) has been clarified, and the requirement for metering not
separate from the main unit has been added.
➢ Clarification regarding exterior material has been provided (condition 1c)
➢
Alternative language regarding the travel trailer has been provided (condition 2c)
➢
Alternative language regarding the surface of the driveway has been provided (condition 2g) for
your review. You had said at the hearing that you would consider a driveway surface acceptable
to the Fire Department; please advise me accordingly.
➢ Regarding case processing fees (condition 6), the fee reimbursement agreement does state that
payment of the balance of costs not to exceed 75% of the deposit fee shall be paid within 30
days from receipt of billing from the City unless the City Council authorized collection of more
than 75% of the deposit fee. Therefore, I have drafted a condition of approval stating that this
item shall be presented to City Council as a business for the City Council's authorization of the
collection of all case processing fees to date, prior to issuance of a Zone Clearance and Building
Permit. Attached is a copy of a letter from the applicant's attorney, which includes a request for a
payment plan for Ms. Hollister. Please advise me accordingly. .
Attachments:
Revised site plan submitted on 7/19/01
Letter from applicant's attorney received on 7/19/01
Revised conditions of approval
MAAFisher\M1Administrative Permits\ADP 2001 -10 \Memo to Director 8- 8-01.doc Page 3 of 3
City of Moorpark
Community Development Department
Administrative Hearing Staff Report
DATE OF MEETING: July 17, 2001
ADP No. 2001 -10 Administrative Permit for a manufactured home
to be used as a second dwelling unit at 6086
Gabbert Road
APN 1500 -0- 330 -245 and 500 -0- 330 -255
CEQA Class 3 Categorical Exemption; CEQA Guidelines
Section 15303(a)
APPLICANT: Cindy Hollister
REQUEST: Administrative Permit for a 792 square foot manufactured
home to be used as a second dwelling unit at 6086 Gabbert Road,
located approximately 70 feet northwest of an existing 2,800 square
foot single- family residence at 6086 Gabbert Road.
ENVIRONMENTAL ASSESSMENT: This project has been reviewed in
accordance with the California Environmental Quality Act (CEQA) and
has been determined by the Director of Community Development to be
a Class 3 categorical exemption, in accordance with CEQA Guidelines
Section 15303(a) for one single- family residence or a second
dwelling unit in a residential zone.
LOCATION: Located on the easterly side of Gabbert Rd. between
Darlene Ln. and Aspen Hills Dr., as identified on Figure 1 below.
VICINITY MAP
•PROJECT.
SITE
:_ �... AE
AE
A \ M -2
NORTH •• CH)
FIGURE 1
RECOMMENDATION SUMMARY: Approval subject to conditions.
M: \AFisher \M \ADPs \ADP 2001- 10 \AdppAC ANT , 5>
Administrative Perm_ No. 2001 -10
Staff Report
July 17, 2001
Page No. 2
BACKGROUND AND PRIOR ACTIONS:
The applicant previously submitted an application for a second
dwelling unit that did not meet the requirements of the Zoning
Ordinance and which will be removed from the site as a condition of
approval for this request. Subsequently, the applicant submitted
the current application, which is consistent with the requirements
of the Zoning Ordinance, subject to the recommended conditions of
approval. A copy of the conditions is attached.
DISCUSSION:
Section 17.20.050 of the Zoning Ordinance requires approval of an
Administrative Permit to authorize a second dwelling unit in a
residential zoning district. In accordance with State law
(California Government Code Section 65852.150 and 65852.2), the
Zoning Ordinance of the City of Moorpark allows for the
permitting of second dwelling units in residential zones subject
to standards, including: architectural review, setbacks, parking,
and maximum size of the unit. This application involves a
proposed manufactured home to be used as a second dwelling unit.
The proposed second dwelling unit for a property caretaker is to
be located on a lot that is approximately 31.9 acres in size and
has an existing primary single - family residence, a barn and other
accessory structures that provide shelter, feed storage, and
waste storage for farm animals on the property. The existing and
proposed structures on the property are located on relatively
flat land on the south and southwest portions of the lot, while
the northern portion of the property is hilly. The property is
located in the northwestern quadrant of the city on Gabbert Road
in a rural area and is zoned Residential - Exclusive (R -E). The
subject property is surrounded by properties of varying sizes
which are also located within the R -E zone and which include
residences and rural uses such as horses and orchards.
FINDINGS:
A. The proposed project complies with Section 17.28.020(G) of
the Zoning Ordinance concerning a second dwelling unit in
that:
1. The proposed unit meets the definition of a second
dwelling unit, as defined in Section 17.08.010, as the
unit will provide complete, independent, living
facilities for one or more persons.
2. An application for an Administrative Permit has been
M: \AFisher \M \ADPs \ADP 2001- 10 \Adp 01 -10 staff report.doc
Administrative Perm No. 2001 -10
Staff Report
July 17, 2001
Page No. 3
submitted for the proposed unit.
3. The subject lot is 31.9 acres in size.
4. The lot on which the proposed unit is to be placed
contains an existing primary 2,800 square foot single -
family dwelling, occupied either by the property owner
or a designated property manager /lessee at the time of
application for a building permit for the proposed
second unit.
5. A notice of the administrative hearing was sent by U.S.
mail to all property owners within a 300 foot radius of
the subject property on July 6, 2001.
6. The proposed unit is 792 square feet in size, which does
not exceed the maximum size limitation of thirty percent
(300) of the floor area of the existing primary single -
family dwelling, which is 2,800 square feet.
7. Only one (1) second unit is proposed.
8. The proposed second unit has been designated to be
rented, not sold.
9. The lot upon which the second unit will be placed
contains 31.9 acres and conforms to the lot area minimum
of 10,890 square feet as required by the Zoning
Ordinance.
10. Establishment of the proposed unit does not create a
nonconforming use or structure.
11. The yard setbacks from the property lines for the second
dwelling unit meet the minimum requirements for a second
dwelling unit based on the setback requirements of the
applicable R -E zone district.
12. Architectural standards of the second dwelling unit
conform to the existing primary single- family dwelling
through use of the appropriate building form, height,
materials and color. The roof material used for the
second dwelling is equal to that used for the existing
single - family dwelling and similar in color.
13. There are no accessory structures attached to, or
sharing a common wall with, the proposed detached second
dwelling.
M: \AFisher \M \ADPs \ADP 2001- 10 \Adp 01 -10 staff report.doc
Administrative Perm No. 2001 -10
Staff Report
July 17, 2001
Page No. 4
14. The proposed project conforms to the parking standards
in that:
a) One (1) uncovered parking space with an
unobstructed minimum size of nine (9) feet wide by
twenty (20) feet long is provided for the second
dwelling.
b) This required parking space for the second
dwelling unit is not located in a required
dwelling unit setback.
c) Access to the parking area for the second dwelling
unit will be at least ten (10) feet wide. A
condition has been established that access is to
be paved with asphaltic concrete.
d) Two parking spaces required for the existing
single - family dwelling will be provided on site in
the existing barn as shown on the site plan.
B. The proposed project complies with Section 17.28.020(C) of
the Zoning Ordinance concerning manufactured homes in that:
1. The manufactured home was constructed after June 15,
1976, with proof of manufactured date on file in the
Community Development Department.
2. The manufactured home is proposed to be installed on a
permanent foundation.
3. The exterior is proposed to be extended to the ground
level from the top of the deck or structural platform
where the dwelling is supported on an exposed pile
foundation in compliance with Sections 2908 and 2909 of
the Uniform Building Code, or to the top of a perimeter
foundation. The siding is comprised of material
customarily used on conventional dwellings and is
consistent with the requirements of the Zoning
Ordinance.
4. The manufactured home is proposed to have a porch and a
roof with a pitch of not less than two (2) inches
vertical rise for each twelve (12) inches of horizontal
run. The roof covering consists of asphalt shingles,
which is compatible with the overall character and
quality of the existing residence and the neighborhood.
M: \AFisher \M \ADPs \ADP 2001- 10 \Adp 01 -10 staff report.doc
Administrative Pere; _ No. 2001 -10
Staff Report
July 17, 2001
Page No. 5
RECOMMMATION :
Approve Administrative Permit ADP 2001 -10 subject to the conditions
of Exhibit "A ", attached.
ATTACHMENTS:
Exhibit A - Conditions of Approval
Site Plan and Elevations dated June 20, 2001
M: \AFisher \M \ADPs \ADP 2001- 10 \Adp 01 -10 staff report.doc
EXHIBIT "A"
CONDITIONS OF APPROVAL
FOR ADMINISTRATIVE PERMIT NO. 2001 -10
1. In accordance with Section 17.28.020.B of the Zoning Ordinance
for Mobilehomes and Manufactured Housing:
a) The manufactured home must be constructed on or after June
15, 1976. In compliance with the requirements of the
Municipal Code, and the California Department of Housing
and Community Development Registration Card Decal No.
LBC4127, a copy of which is on file in the official file
for Administrative Permit No. 2001 -10. Additionally, proof
of manufacture date shall be clearly affixed to the unit
and /or available for inspection.
b) The manufactured home must be placed on a permanent
foundation, as determined by the Department of Building and
Safety. The manufactured home shall be connected to all
utilities and shall be provided separate metering from the
primary unit.
c) The exterior siding shall extend to the ground level, or
manufactured home skirting matching the color and material
of the manufactured home shall completely enclose the
foundation support system and the tongue. The siding shall
be comprised of an exterior material customarily used on
conventionally constructed dwellings and approved by the
Department of Community Development. The paint colors shown
on the color board submitted to the Community Development
Department on June 6, 2001, and included as a part of this
approval, shall be Benjamin Moore paint no. 1024 for the
frame and shutters and Benjamin Moore paint no. 1025 for
the walls. The exterior (the "wood -tone siding" appearance)
of the manufactured home shall be maintained free of chips,
excessive fading, or peeling as determined by the Director
of Community Development, for as long as the manufactured
home is located on this property.
d) The project shall conform to the site plan and elevations
dated June 20, 2001, as approved by the Director of
Community Development.
e) The manufactured home shall have a roof
less than two (2) inches vertical rise
inches of horizontal run and shall
shingles that match the roof color of
family residence and equal to or better
and product life.
M: \AFisher \M \ADPs \ADP 2001 -10 \ADP 01 -10 conditions of approval.doc
with a pitch of not
for each twelve (12 )
consist of asphalt
the existing single
in quality, weight,
Administrative Pern_ _ No. 2001 -10
Cindy Hollister
Page 2 of 3
f) The manufactured home shall include a porch, as identified
on the building elevations and site plan of the submitted
application.
2. In accordance with Section 17.28.020.G of the Zoning Ordinance
for a Second Dwelling:
a)The manufactured home /second dwelling shall be placed on the
same lot as the existing single - family residence
(identified as APNs 500 -0- 330 -245 and 500 -0- 330 -255). If
this property is subsequently divided into two separate
lots, the manufactured home /second dwelling shall be
removed from the site prior to approval of the land
division. The covenant required in condition 2(b) shall
contain language affirming this requirement.
b) The existing single- family primary residence shall be
occupied either by the property owner or the designated
property manager at the time of application for a building
permit for the second dwelling. The owner of the property
shall submit a covenant declaring that the occupant of the
existing single - family primary residence has the right to
place the manufactured home /second dwelling on the property
for use by an employee or employees who work on site. A
copy of this covenant shall be submitted to the Director of
Community Development for review and approval. Prior to the
inspection for occupancy of the second dwelling, the
required covenant approved by the Director of Community
Development shall be recorded, and copies of the recorded
covenant shall be provided to the Planning Department.
c) The maximum size of the second dwelling shall not exceed
thirty percent (300) of the floor space of the existing
single- family primary residence, or 792 square feet
whichever is less.
d) Not more than two dwelling units total shall be allowed on
the property. No part of the existing primary single- family
residence nor any part of the proposed second dwelling unit
can be converted for use as a separate dwelling unit.
e) This second dwelling may not be sold as a separate unit but
may be rented or leased consistent with Section
17.28. 020 (G) (1) ( f ) of the Municipal Code.
M: \AFisher \M \ADPs \ADP 2001 -10 \ADP 01 -10 conditions of approval.doc
Administrative Perl No. 2001 -10
Cindy Hollister
Page 3 of 3
f) Two covered or enclosed parking spaces, each a minimum of 9
feet wide by 20 feet deep (equivalent to a two -car garage)
shall be provided for the existing single- family primary
residence. These parking spaces may be provided in the
existing barn as shown on the site plan. The area
designated for these two covered parking spaces shall
remain free and clear of all obstructions and remain
permanently available for the parking of vehicles for as
long as the second dwelling is on the property.
g) One (1) covered or uncovered off - street parking space shall
be required for the second dwelling unit. The size of this
parking space shall be an unobstructed minimum of nine (9)
feet wide by twenty (20) feet deep. Access to the parking
area for the second dwelling shall be at least ten (10)
feet wide and shall be paved with asphaltic concrete two
(2) inches thick over a four (4) inch thick prepared base
or as determined by the City Engineer.
h) Any and all uses and structures on the property that have
not been permitted shall be removed, or permits shall be
obtained prior to final inspection for the second dwelling
unit. The structures identified on the site plan as
structures to be removed shall be removed prior to the
issuance of a Zone Clearance for this second unit.
3. The existing dumpsters used for horse maintenance and trash as
identified on the attached site plan shall be visually
screened from view from the public right -of -way by relocating
them behind the residences, painting them a neutral color that
blends in with the background, and the addition of landscape
screening.
4. The existing second dwelling unit placed on the property
without a permit shall be removed from the site prior to
issuance of a Zone Clearance and Building Permit for this
proposed second dwelling unit.
S. All permit and fee requirements must be met, including the
requirement for a Zone Clearance and Building Permit and the
payment of applicable development fees for a new residence.
6. Prior to the issuance of a Zone Clearance and Building Permit
for construction, the applicant shall pay all outstanding case
processing fees for Administrative Permit 2001 -10.
M: \AFisher \M \ADPs \ADP 2001 -10 \ADP 01 -10 conditions of approval.doc
Gtuart A. Comis
cchel B. Kahn
Martz A. Nelson'
Mary E. Schroeder
Robert W. Schroeder
' Certified Specialist Family Law
California State Bar Board of Legal Specialization
SCHK,)EDER COMIS NELSON & ]KA.Nuy
ATTORNEYS AT LAW
July 18, 2001
VIA FACSIMILE AND FIRST -CLASS MAIL
Ms. Abiizail FisbPr
Assistant Planner
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Re: Administrative Permit No. 2001 -10 (Hollister)
Dear Ms. Fisher:
300 Esplanade Drive
Suite 1170
Oxnard, CA 93030
805.604.4100 (Tel)
805.604.4150 (Fax)
www.calattys.com
Anson M. Whitheld
Of Counsel
5015 -0
CEIVED
JUL -19 2001
Uni+tjl Dirj6Ieprvw.r,
Thank you and Paul Porter for the courtesy and time provided to Ms. Hollister, Mr.
Scribner and me at the office hearing on Tuesday, July 17, 2001. By letter, I was to provide to you
information on two topics.
First, it is apparent to me that both the primary structure and the barn were planned and
constructed before building permits were required in this County, which we agree began in
approximately 1948. Therefore, in connection with proposed Condition 2(h), we believe that the
first sentence should be deleted as inapplicable. The plans do identify the two structures to be
removed in conformity with the second sentence of that same condition.
Second, I was asked to propose a location for the existing trailer located on the site until it
can be sold. After reviewing the site and the access points, it is apparent that the most appropriate
place for the existing trailer would be the area between its current location and the tree row to the
south. The new unit will be approximately 20 to 25 feet longer than the existing unit and will be
placed in the same location as the existing unit is currently located. Therefore, the existing unit
will be well hidden between and behind the new unit and the trees.
The old unit may take some time to sell because of its age. The likely buyer would be
removing the unit to a location that does not require such units to meet the 1976 standard. That
location would most likely be somewhere in Mexico. Mr. Loftus understood the difficulty in
locating an inexpensive unit that does meet the standards. Ms. Hollister now has the opposite
problem of selling a unit that does not meet the standards required by the City. Therefore,
whatever time he allows in the conditions should provide some latitude for extensions by the
G:\F - 1'%Hollister5015\ General \Corresff isher.Moorpark.071'
XffACHMENT, �r.
Ms. Abigail Fisher
July 18, 2001
Page 2
Director of Community Development based upon a showing of Ms. Hollister's good faith attempt
to dispose of the property.
Finally, I would suggest that the City very carefully review the fees and charges that it
intends to impose upon Ms. Hollister pursuant to the new Condition No. 6. As I understand the
situation, Code Enforcement made several visits to the site without appropriate warrants and
without asking permission to enter the property. Also, although this administrative process is very
routine and informal, I understand that the matter has been handed to at least three different
planners along the way, including yourself. Much of the time you spent must have been relearning
'.-sues, learP_ina code requi '.Nments, City planning proce?ures and fo-nn t •equirements for the
reports and the conditions. I cannot morally or ethically charge for those services for work done
by me or by an associate and I would expect that the City would take that into account when
preparing the billing for Ms. Hollister. If the City intends to collect more than the initial deposit
plus 75 %, as provided for in the agreement, Ms. Hollister requested yesterday that an accounting
be prepared and submitted. Also, arrangements will have to be made for payments because she is
simply unable to complete the work required by the conditions at her expense as well as paying
this new, unplanned, expense. It is not one which is, or can be, the subject of an additional loan
from any source in addition to the substantial loan she has taken out to acquire the new mobile
home. We have been trying our very best to resolve the matter with the City and we hope the City
will continue working with us to bring this matter to a reasonable closure.
I will not reiterate all of the points of discussion at the hearing. I believe you and Mr.
Porter have adequate notes and understandings of our concerns relative to the conditions. I also
understand that Mr. Scribner is adjusting the plan as you requested.
Thank you very much for your courtesy and if you have any questions or concerns, please
feel free to communicate them to me.
Very tpdy,
r
f
i
MITCHEL B. KAHN
MBK:bp
cc: Ms. Cindy Hollister
Mr. Neal Scribner
(:•\F - I\Hnlli.,;ter5015\ General\ Corresp \Fislher.Moorpark.071801.wpd
MOORPARK
1 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
April 27, 2001
Ms. Cindy Hollister
6086 Gabbert Road
Moorpark, Ca 93021
SUBJECT: RETURN OF APPLICATION MATERIALS AND CHECK FOR
ADMINISTRATIVE PERMIT NO. 2001 -10 FOR NON - COMPLIANCE
WITH ORDINANCE CODE REQUIREMENTS
Ms. Hollister:
The City of Moorpark is returning your application materials and
check for Administrative Permit No. 2001 -10 because the
application does not demonstrate how the proposed mobile home
can be used as a second dwelling unit satisfying Ordinance
requirements outlined in this letter.
Section 17.28.020.G of the Zoning Ordinance requires all second
dwellings to have an architectural design commonly used on
single family dwellings, including roofing material which is
required to be of equal or higher quality to that of the main
dwelling. Architectural standards require second dwelling units
to conform to the architectural features of the existing single -
family dwelling on the property through the use of building
form, height, materials and color and be compatible with the
overall character and quality of the neighborhood and community.
If a mobile home is used for a second dwelling unit, it must:
a) have a roof pitch of not less than two (2) inches for each
twelve (12) inches of horizontal run and consist of shingles or
other material customarily used for conventional dwellings; b)
have a foundation, exterior siding, a porch and /or eaves; and c)
extend the exterior siding to the ground level, or to the top of
the deck or structural platform where the dwelling is supported
on an exposed foundation complying with the requirements of
Sections 2908 and 2909 of the Uniform Building Code, or to the
top of the perimeter foundation.
ATTACHMENT
PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE JOHN E. WOZNIAK
Mayor Mayor Pro Tern Coundlmember Councilmember Councilmember
Hollister Letter
Page No. 2
It is also the applicants responsibility to demonstrate how the
architectural elements of a proposed second dwelling unit are
compatible with the overall character and quality of the
neighborhood and community.
As submitted, your application does not demonstrate how the
above criteria can be satisfied. Therefore, the application
materials and uncashed check are being returned to you.
As you are aware, April 27, 2001, was the date established to
remove the existing non - complying trailer from the site. As of
April 27, 2001, this has not occurred, nor have you submitted an
application as noted by the comments above that may be compared
to ordinance criteria to determine compliance of the unit or the
ability to achieve compliance with the applicable criteria.
Consistent with a conversation with your attorney, I will allow
you an additional two weeks to May 11, 2001, to submit a
rendering and written scenario and technical data that validates
the ability of the submitted unit to achieve compliance with
code provisions. I suggest that you have a design professional
assist you with your effort including the preparation of an
appropriate site plan.
Sincerely,
W 7 Lo us
Directo of Community Development
Cc: Steven Kueny, City Manager
Paul Porter, Principal Planner
Mitch Kahn, Attorney
Mario Riley, Zoning Enforcement
Zoning Enforcement File
Chroni
Enclosures: Application packet
Copy of Check (original to be picked up at
Finance Department)
PP /wl
MOORPARK
I 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
January 26, 2001
Mr. Mitchel B. Kahn
England, Whitfield & Tredway, LLP
300 Esplanade Drive, Sixth Floor
Oxnard, CA 93030 -1251
Subject: Hollister Zoning Violation at 6086 Gabbert Road
Dear Mr. Kahn:
Thank you for your recent inquiry on behalf of Cindy Hollister's
request to place a second dwelling unit on property leased by
her at 6086 Gabbert Road. As you are now aware, based upon our
phone conversation on January 18, 2001, the manufactured unit
currently placed on the site without approval or permits does
not comply with criteria for residential structures found in the
Zoning Ordinance (see attached).
Although I am unclear about your reference to CUP 3626 in your
letter dated January 5, 2001, as it has nothing to do with
placement of a residential unit, the balance of your comments
are pertinent. The code compliance issue is not related to the
opportunity for a second unit on this site but instead concerns
its adherence to the standards required by the Zoning Ordinance.
This has always been the issue, which Ms. Hollister was unable
to address. A manufactured unit, which has a manufacture date
and design features consistent with Section 17.28.020.0 of the
Zoning Ordinance, may be permitted as a single- family residence.
If the proposed unit is the second unit on the property, an
Administrative Permit is required. However, if the manufactured
structure were the first or initial unit on the property, a
Zoning Clearance would be the appropriate process for review.
Also, I noted to you in our phone conversation on January 18,
2001, in response to your comment that the land had been
divided, that proof of the legal division would be necessary to
respond to a Zoning Clearance request.Additionally, if the
proposed unit is on a separate site and utility connections do
not exist, separate from the resident at 6086 Gabbert Road, they
would be required prior to issuance of any permits or approval
of a Zoning Clearance.
ATTACHMENT..L
PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE JOHN E. WOZNIAK
Mayor Mayor Pro Tem Counaimember Coundlmember Coundimember
Mr. Mitchel B. Kahn
January 26, 2001
Page 2
In regard to the issue of code compliance, relating to removal
of the existing manufactured unit and /or replacement with a code
compliant unit, I will extend the January 20, 2001, deadline to
March 12, 2001, a fifty (50) day extension, which should be
ample under the circumstance to achieve compliance. It should
be noted that no additional time for compliance will be granted
beyond March 12, 2001, by which time, the non - compliant unit
must be removed from any ownership maintained by Michael Harris,
or any ownership or leased land maintained by Cindy Hollister.
Additionally, all utility services that have been extended or
installed without permit, shall either be removed or in receipt
of the appropriate permit and inspected for compliance with
appropriate Uniform Building Code criteria.
Should you have any questions concerning this letter, please do
not hesitate to give me a call.
Sincerely,
e e Lof s
Director of Community Development
Attachment:
Zoning Ordinance Chapter 17.28 (partial - 4 pages)
C: Honorable City Council
Steven Kueny, City Manager
John Libiez, Planning Manager /Advanced Planning
Code Enforcement Division
File No. C -99 -349
Chroni
S: \Community Development \Everyone \Wayne Loftus Correspondence \012301Mitchel Kahn Esq for
Hollister.doc
Moorpark Municipal Code
Chapter 17.28
STANDARDS FOR SPECIFIC USES
Sections:
17.28.010
Purpose.
17.28.020
Standards relating to dwellings.
17.28.030
Standards relating to animals.
17.28.040
Auto, boat and trailer sales lots.
17.28.050
Mobilehome parks.
17.28.060
Oil and gas exploration and production.
17.28.070
Produce stands.
17.28.080
Recreational vehicle parks.
17.28.090
Restaurants, bars and taverns.
17.28.100
Mining and reclamation.
17.28.110
Veterinary clinics.
17.28.120
Motion picture and TV production, temporary.
17.28.130
Outdoor sales and services, temporary.
17.28.140
Christmas tree sales.
17.28.150
Temporary buildings during construction.
17.28.160
Storage of building materials, temporary.
17.28.170
Campgrounds.
17.28.180
Camps.
17.28.190
Retreats.
17.28.200
Golf courses.
17.28.210
Buildings for the growing of crops.
17.28.220
Temporary pet vaccination clinics.
17.28.230
Day care facilities.
17.28.240
Nonmotorized wheeled conveyance facilities and uses.
17.28.250
Caretaker recreational vehicle, accessory.
Section 17.28.010 Purpose.
The purpose of this chapter is to set forth standards and regulations which apply to proposed uses as
listed. (Ord. 189 § 3 (8107 -0), 1994)
Section 17.28.020 Standards relating to dwellings.
A. Antennas, Ground - Mounted. No antenna or mast shall exceed seventy -five (75) feet in height.
The crank -up variety of ham radio antennas should be used. All units are encouraged to be color -
coordinated to harmonize with predominant structural background material, so as to reduce visual
impacts. Where feasible, support structures shall be screened from public view. The most unobtrusive
locations for the antennas are generally in the rear yard, behind trees and adjacent to main or accessory
buildings in order to provide background screening for the support structure. The height, nature, texture
and color of all materials to be used for the installation, including landscape materials, shall be submitted
with the permit application.
B. Home Occupations. See Chapter 5.88.
C. Mobilehomes and Manufactured Housing.
1. Mobilehome Construction. Mobilehomes may be used as single - family dwellings if the
mobilehome was constructed on or after June 15, 1976. Mobilehomes used as second dwellings are
subject to this date limitation.
Page 38 of 319
Moorpark Municipal Code
2. Mobilehome Foundation System. Mobilehomes which are used as single - family residences or as
caretaker or farm worker dwellings shall be installed on a foundation system in compliance with Chapter
21 Article 7, Section 1333 of Title 25 of the California Administrative Code. Nonconforming
mobilehomes renewed under a continuation permit shall be in compliance with the applicable provisions
of Chapter 2, Article 7 of Title 25.
3. Exterior Siding. Exterior siding of a single - family dwelling shall extend to the ground level, or to
the top of the deck or structural platform where the dwelling is supported on an exposed pile foundation
complying with the requirements of Sections 2908 and 2909 of the Uniform Building Code, or to the top
of a perimeter foundation. For mobilehomes used as caretaker or farm worker dwellings, manufactured
mobilehome skirting shall completely enclose the mobilehome, including the tongue, with a color and
material that will be compatible with the mobilehome. The siding shall be covered with an exterior
material customarily used on conventional dwellings and approved by the department of community
development.
4. Site Plan and Elevations. The site plans and elevations of the proposed housing unit are subject to
review and approval of the department of community development. Applicants are required to submit
designs which are in keeping with the overall character and quality of the neighborhood and community.
5. Roof Pitch. The mobile home or manufactured housing unit shall have a roof with a pitch of not
less than two (2) inches vertical rise for each twelve (12) inches of horizontal run and consisting of
shingles or other material customarily used for conventional dwellings and approved by the department of
community development and the building official.
6. Porches and Eaves. The mobile home or manufactured housing unit may be required to have
porches and eaves, or roofs with eaves when, in the opinion of the department of community
development, it is necessary to make it compatible with the dwellings in the area.
D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A
mobilehome or recreational vehicle may be used by the owner (s) of a lot as a temporary dwelling unit for
twelve (12) months during construction of a residence for which a building permit is in full force and
effect on the same site. The director of community development may grant one (1) additional twelve (12)
month period and a time extension if substantial progress toward construction of the principal residence is
being made. Said mobilehome or recreational vehicle shall be connected to the permanent water supply
and sewage disposal system approved by the Ventura County environmental health division for the
structure under construction. Within forty -five (45) days after a clearance for occupancy is issued by the
city division of building and safety, any such recreational vehicle shall be disconnected from such
systems and cease being used as a dwelling, and any such mobilehome shall be removed from the site. A
temporary mobilehome or recreational vehicle may be accessory to construction on adjacent lots under
the same ownership as the lot on which the mobilehome or recreational vehicle is installed. A bond or
cash deposit shall be required in the amount to cover removal of the temporary mobilehome prior to
receiving city approval for the placement of the temporary dwelling. The amount of the deposit shall be
determined by the director of community development.
E. Model Homes/Lot Sales. Model homes, or a temporary office, for the limited purpose of
conducting sale only of lots or dwellings in the subdivision, or dwellings of similar design in another
subdivision in the vicinity may be permitted, subject to the following provisions:
1. The model homes or lots sales are part of an approved tentative map.
2. Road plans shall be submitted to the public works department for approval.
F. Open Storage.
1. There shall be no open storage in any front or street -side setback, or in an area three (3) feet wide
along one (1) side lot line.
2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed an
aggregate area of two hundred (200) square feet. On lots greater in area than twenty thousand (20,000)
square feet, the aggregate area shall not exceed one percent (I%) of the total lot area, up to a maximum of
one thousand (1,90) square feet. Lots of forty (40) acres or more in the O -S and A -E zones are permitted
a maximum of-two thousand (2,000) square feet of open storage, provided that all open storage exceeding
Page 39 of 319
Moorpark Municipal Code
one thousand (1,000) square feet is screened from view from all public rights -of -way within three
hundred (300) feet of such additional storage area.
3. With the exception of boats and unstacked automotive vehicles, the materials shall be limited to a
height of six (6) feet.
4. Open storage must be accessory to the principal use of the property, and not related to any off -
site commercial business or activity.
5. The following are not considered to fall within the definition of open storage, and are therefore
exempt from the above open storage regulations:
a. Materials or equipment kept on any lot for use in construction of any building or room addition
on said lot for which a zoning clearance and necessary building permits are obtained and in force,
provided that such storage is neat and orderly, and does not exceed an area equal to the gross floor area of
the building or addition under construction. Stored materials shall be installed within one hundred eighty
(180) days of their placement on the lot; however, the director of community development may grant a
time extension for good cause, based on a written request from the applicant;
b. Items used periodically or continuously on the property by the resident(s) thereof, such as
outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor cooking
equipment, and recreational equipment, accessory to the principal use;
c. Operative vehicles, boats, vehicles, or other items placed on trailers which are operative and
licensed for travel on public thoroughfares;
d. One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one (1) location
on the lot.
G. Second Dwelling.
1. Standards and Requirements. A second dwelling, as defined in Section 17.08.010, requires
approval of an administrative permit, and compliance with all of the following standards and
requirements:
a. A second dwelling shall only be permitted on a residential zoned lot that is one -fourth acre (ten
thousand eight hundred ninety (10,890) square feet) or larger in size.
b. The lot on which a second dwelling is to be constructed shall contain an existing single- family
dwelling, which is owner occupied at the time of application for a zoning clearance and building permit
for the second dwelling.
c. Prior to the approval of a zoning clearance for a second dwelling, the applicant shall be required
to complete a neighborhood notification process, as established by city council resolution.
d. The maximum size of the second dwelling shall be limited to the more restrictive of either thirty
percent (30 %) of the existing single- family dwelling floor space or the following lot size limitations:
i. Lots ten thousand eight hundred ninety (10,890) square feet to twenty -one thousand seven
hundred eighty (21,780) square feet -- a second dwelling shall not exceed eight hundred (800) square
feet.
ii. Lots twenty -one thousand seven hundred eighty -one (21,781) square feet to forty -three thousand
five hundred sixty (43,560) square feet -- a second dwelling shall not exceed nine hundred (900) square
feet.
iii. Lots greater than one (1) acre to five (5) acres (two hundred seventeen thousand eight hundred
(217,800) square feet) - -a second dwelling shall not exceed one thousand (1,000) square feet.
iv. Lots greater than five (5) acres -- a second dwelling shall not exceed one thousand one hundred
(1,100) square feet.
e. No more than one (1) second dwelling is allowed on each lot.
f . The second dwelling shall not be sold as a separate unit, but it may be rented.
g. The lot must conform with the lot area, width and depth requirements for the underlying zone. A
second dwelling shall not be allowed on a legal nonconforming lot.
h. Establishment of a second dwelling shall not create or increase a nonconforming use or structure.
A second dwelling shall not be allowed onn lot which contains a legal nonconforming use or structure.
i. Minimum yard setbacks from t13� property lines for the second dwelling and associated garage or
Page 40 of 319
Moorpark Municipal Code
carport structure shall be the same as is required for the existing single- family dwelling based on the
more restrictive of either: (i) the setback requirements of an approved residential planned development
(RPD) permit (see Section 17.36.030(B)(3)); or (ii) the setback requirements of the applicable zone
district (see Section 17.24.020).
j. Architectural standards of the second dwelling shall conform to the existing single - family
dwelling through use of the appropriate building form, height, materials and color. The roof material used
for the second dwelling shall be equal to or of higher quality than that used for the existing single - family
dwelling.
k. The only accessory structures that may be attached to, or share a common wall with, a detached
second dwelling are a garage or carport.
1. The following parking standards shall apply:
i. The number of parking spaces required shall be as follows:
(A) Second dwelling eight hundred (800) to nine hundred (900) square feet in size -- one (1) covered
or uncovered parking space is required.
(B) Second dwelling larger than nine hundred (900) square feet in size -- two (2) covered or
uncovered parking spaces are required.
(ii) The size of each required off - street parking space shall be an unobstructed minimum of nine (9)
feet wide by twenty (20) feet long.
(iii)The parking space(s) provided for the second dwelling shall not be located in a required dwelling
unit setback and shall be paved.
(iv) The required off - street parking space(s) for a second dwelling shall be in addition to the parking
required for the existing single- family dwelling, and shall be located on the same lot as the existing
single - family and second dwellings.
(v) Access to the parking area for a second dwelling shall be at least ten (10) feet wide and paved.
m. The director of community development may approve the use of a mobilehome or a
manufactured house on a fixed foundation as a second dwelling, if the design is compatible with the
existing single - family dwelling and the surrounding community, and all of the mobilehome and
manufactured housing standards of subsection C of this section are complied with.
n. A second dwelling processing fee, as established by city council resolution, shall be paid at the
time of application for a zoning clearance for a second dwelling.
2. Deferral of Decision on Application. The director of community development may defer any
approval or denial decision on an application for a zoning clearance for a second dwelling to the planning
commission if the proposal:
a. Involves significant public controversy; or
b. Is in conflict with the standards and requirements of subsection (G)(1) of this section;
c. May be precedent setting; or
d. Should be deferred for any other cause deemed justifiable by the director of community
development.
H. Use of Structures for Dwelling Purposes. Structures may not be used for human habitation except
as specifically permitted in this title.
I. Satellite Dish Antennas. The intent and purpose of this section is to regulate the installation of
satellite dish antennas through the design review building process to protect the environment, the
character of the neighborhoods or of the city as a whole, and the health, safety and general welfare of the
public.
1. Permitted Uses.
a. Satellite dish antennas shall be permitted uses upon approval of the director of community
development in the residential zones in the case where the antenna is ground mounted and the entire
apparatus does not exceed eight (8) feet from the ground, when the antenna is to be located in the side or
rear yard and conforms to the side or rear yard residential setbacks for accessory buildings, when the
antenna is not visible from the public right -of -way, and when the antenna is provided with a screening
cover. 7
Page 41 of 319
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RESOLUTION NO. PC -2001-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA DENYING
APPEAL 2001 -05 TO CERTAIN CONDITIONS
REQUIRED BY THE DIRECTOR OF COMMUNITY
DEVELOPMENT FOR APPROVAL OF ADMINISTRATIVE
PERMIT NO. 2001 -10 FOR DEVELOPMENT OF A
SECOND SINGLE - FAMILY RESIDENCE AT 6086
GABBERT ROAD ON APPROXIMATELY 39.46 ACRES OF
LAND, ON THE APPLICATION OF CINDY HOLLISTER
WHEREAS, at a duly notice Public Hearing on September 24,
2001, the Planning Commission considered an appeal to certain
conditions required by the Director of Community Development for
approval of Administrative Permit No. 2001 -10 on the application
of City Hollister for placement of a second single- family
residence on approximately 39.46 acres of land, located at 6086
Gabbert Road, Assessor's Parcel No. 500 -0- 330 -245 & 255; and
WHEREAS, at its meeting of September 24, 2001, the Planning
Commission opened the Public Hearing, received public testimony,
and closed the Public Hearing; and
WHEREAS, the Planning Commission, after review and
consideration of the information contained in the Planning
Commission staff report, and testimony received, has made a
decision in this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission does hereby find that
the decision of the Director of Community Development to require
certain conditions for placement of a second single- family
residence by approval of Administrative Permit No. 2001 -10 is
consistent with the purpose and intent of provisions of the
Zoning Ordinance, including specific development criteria
contained in this code related to site development, and that the
facts presented are not adequate to grant the applicant's
appeal.
SECTION 2. That the Planning Commission adopts the
following additional findings:
ATTACHMENT 1P
Resolution No. PC -2001-
C.E.Q.A. Findin
The California Environmental Quality Act (CEQA) exempts
single - family residences and second dwelling units from its
provisions and appeals of decisions related to those
projects.
Administrative Permit Finding
The proposed second single- family residence is consistent
with provisions of the Zoning Ordinance, as conditioned,
that provide for the placement of a second dwelling unit in
residential areas zoned for single- family development.
SECTION 3. That the Planning Commission denies the appeal
of Conditions l.b., 2.b., 2.c., 2.f. (modified) 2.g., 3, 4, 6
and 7 to Administrative Permit No. 2001 -10.
The action of the foregoing direction was approved by the
following roll call vote:
Ayes:
Noes:
Absent:
Abstain:
PASSED AND ADOPTED this day of September, 2001.
Janice Parvin, Chairperson
ATTEST:
Wayne Loftus, Director of
Community Development