HomeMy WebLinkAboutAG RPTS 2002 0909 PC REGResolution No. PC- 2002 -430
PLANNING COMMISSION
REGULAR MEETING AGENDA
MONDAY - SEPTEMBER 9, 2002
7:00 P.M.
Moorpark Community Center
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
799 Moorpark Avenue
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
---------------------------------------------------------------------------------------------------------------------------
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 Discussion
item. Speakers who wish to address the Commission concerning a Public Hearing
or Discussion item must do so during the Public Hearing or 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 Discussion items prior to the beginning of the first item
of the 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 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 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 -6233.
Planning Commission Agenda
SEPTEMBER 9, 2002
Page 2
6. CONSENT CALENDAR:
A. Regular Meeting Minutes of August 26, 2002.
7. PUBLIC COMMENTS:
8. PUBLIC HEARINGS:
(next Resolution No. 2002 -430)
A. Public Workshop for Discussion of Potential
Modifications to Chapters 17.20 (Uses by Zone), 17.28
(Standards for Specific Uses), 17.44 (Entitlement -
Process and Procedures), 17.60 (Amendments to the
General Plan, Specific Plans, Zoning Map and Zoning
Code) and 17.68 (Public Notice).
Staff recommendations: 1) Open the public workshop,
accept public testimony, and discuss issues related to
entitlement procedures; and 2) Provide direction to
staff for the possible preparation of amendments to
Chapter 17.20, 17.28, 17.44, 17.60, and 17.68 of the
Moorpark Municipal Code.
9. DISCUSSION ITEMS:
A. Subject: Consider Amendment to Resolution No. PC-
2002 -421 Regarding Rules of Procedure for Commission
Meetings and Related Functions and Activities.
Staff Recommendation: Adopt Resolution No. PC -2002-
amending Resolution No. PC- 2002 -421, regarding
rules of procedure for Commission meetings and related
functions and activities.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. Planning Commission Meeting Agenda of September 23,
2002:
• Possible cancellation.
B. Planning Commission Meeting Agenda of October 14,
2002:
• CPD 2000 -04; M &M Development applicant (Public
Hearing)
• CUP 2000 -08; The Consulting Group applicant (Public
Hearing)
S: \Community Development \COMMISSION \AGENDA \2002 \020909 pca.doc
Planning Commission Agenda
SEPTEMBER 9, 2002
Page 3
11. ADJOURNMENT:
---------------------------------------------------------------------------------------------------------------------------
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).
S: \Community Development \COMMISSION \AGENDA \2002 \020909 pca.doc
ITEM: 6. A.
Planning Commission, City of Moorpark, California
Minutes of August 26, 2002
Paae 1
1
1.
CALL TO ORDER:
2
Vice Chair Landis called the meeting to order at 7:08 p.m.
3
2.
PLEDGE OF ALLEGIANCE:
4
Commissioner Parvin led the Pledge of Allegiance.
5
3.
ROLL CALL:
6
Commissioners DiCecco, Haller, Parvin and Vice Chair Landis
7
were present. Chair Otto was absent.
8
Staff attending the meeting included Barry Hogan, Community
9
Development Director; Walter Brown, City Engineer; Laura
10
Stringer, Senior Management Analyst; and Gail Rice,
11
Administrative Secretary.
12
4.
PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
13
None.
14
5.
REORDERING OF, AND ADDITIONS TO THE AGENDA:
15
None.
16
6.
CONSENT CALENDAR:
17
A. Regular Meeting Minutes of October 23, 2000.
18
B. Regular Meeting Minutes of November 13, 2000.
19
C. Regular Meeting Minutes of December 11, 2000.
20
D. Adjourned Meeting Minutes of December 19, 2000.
21
E. Regular Meeting Minutes of February 26, 2001.
22
F. Regular Meeting Minutes of June 24, 2002.
23
G. Regular Meeting Minutes of July 22, 2002.
24
MOTION: Commissioner Haller moved and Commissioner Parvin
25
seconded a motion to approve the minutes of October 23,
S: \Community Development \COMMISSION \MINUTES \2002 Draft \020826 pcm draft.doc
Planning Commission, City of Moorpark, California
Minutes of August 26, 2002
Paae 2
1 2000; November 13, 2000; December 11, 2000; December 19,
2 2000; February 26, 2001; June 24, 2002; and July 22, 2002;
3 as presented.
4 Motion passed with a unanimous 4:0 voice vote. Chair Otto
5 absent.
6 7. PUBLIC COMMENTS:
7 None.
8 8. PUBLIC HEARINGS:
9 (next Resolution PC- 2002 -428)
10 A. Subject: Consider Proposed Development Agreement with
11 Vintage Crest Senior Apartments, L.P., a California
12 Limited Partnership.
13 Staff Recommendations: 1) Open the public hearing,
14 accept public testimony and close the public hearing;
15 and 2) Adopt Resolution No. PC -2002-
16 recommending to the City Council approval of a
17 Development Agreement with Vintage Crest Senior
18 Apartments, L.P., a California limited partnership.
19 Laura Stringer presented the staff report.
20 The Commission questioned staff regarding:
21 Commissioner Haller:
22 • Page 15 (Section 6.10): What "referenced above" refers
23 to? "The Plan shall restrict the rents of all one
24 hundred ninety (190) units as referenced above and
25 shall be consistent with this Agreement and approved
26 by the City Council in its sole and unfettered
27 discretion prior to the final inspection and occupancy
28 approval for the first residential unit in the
29 Project."
30 Commissioner Parvin:
31 • Pages 15 and 16 (Section 6.10) : Will Federal and State
32 law really allow the City to grant priority to
33 eligible Moorpark residents?
34 • Page 16 (Section 6.11): Does the agreement not protest
35 fees run for the life of the project?
S: \Community Development \COMMISSION \MINUTES \2002 Draft \020826 pcm draft.doc
Planning Commission, City of Moorpark, California
Minutes of August 26, 2002
Page 3
1 • Page 26 (reference to Exhibit B): Pagination for
2 exhibits needs to be cleaned up, "Exhibit B" is on the
3 same page as "Exhibit A" (Page 30).
4 Commissioner DiCecco:
5 • Question regarding the requirement to pull all
6 building permits by December 31, 2004, in order to
7 receive fee reductions. Concern with developer's
8 ability to perform within that time period, and the
9 effect on affordable housing in Moorpark.
10 • Several fees based on commercial rate, what was the
11 basis for the fee calculation.
12 • Page 19 (Section 6.16): Is it common to require pass
13 through for property taxes?
14 • Page 21 (Section 7.6): Is the $4,000 in lieu of a
15 traffic study going to be spent specifically on
16 traffic improvement for impacted intersections.
17 Vice Chair Landis:
18 • Requested update on status of USA State funding
19 request.
20 • Pages 20 and 5: Clarification of timing references
21 regarding "reduction in fees, based on permits pulled
22 by December 31, 2004" (Section 7.4) and "Project
23 Approvals and this Agreement" (Section 5.1).
24 Staff responded to the Commissions questions.
25 Vice Chair Landis opened the public hearing at 7:24 p.m.
26 Public testimony was received from the following:
27 John Newton; Moorpark, California. Mr. Newton thanked the
28 Commission and staff for moving this project along so
29 quickly.
30 The Commission queried Mr. Newton regarding potential
31 conversion and fees.
32 Mr. Newton commented that he and the applicant were aware
33 of increase in fees due to lack of performance. He further
34 clarified that restrictions on conversion of the project to
35 anything other than senior rental units was "for the life
S: \Community Development \COMMISSION \MINUTES \2002 Draft \020826 pcm draft.doc
Planning Commission, City of Moorpark, California
Minutes of August 26, 2002
Paae 4
1 of the project ". He added that the applicant recommends
2 approval of this Development Agreement as drafted.
3 Vice Chair Landis closed the public hearing at 7:27 p.m.
4 The Commission commented that they look forward to this
5 project, the City's need for affordable housing, and were
6 satisfied that all parties had negotiated in good faith.
7 The Commission questioned how this project would assist in
8 meeting the affordable housing goals stated in the Housing
9 Element.
10 MOTION: Commission Parvin moved and Commissioner DiCecco
11 seconded a motion to approve staff recommendations,
12 adopting Resolution No. PC- 2002 -428, recommending to the
13 City Council approval of a Development Agreement with
14 Vintage Crest Senior Apartments, L.P., a California limited
15 partnership.
16 Motion carried with a unanimous 4:0 voice vote. Chair Otto
17 absent.
18 B. Subject: Consider General Plan Amendment No. 2002 -03
19 and Zone Change No. 2002 -03 to Amend the Land Use
20 Element, Land Use Map and Zoning Map, in order to: 1)
21 Align Land Use Designations and Zones with Lot Lines
22 in Vesting Tentative Tract Map No. 4928; 2) Allow for
23 a Lot Line Adjustment with an Adjacent Piece of Land
24 for the Development of a Water Tank Site; and 3)
25 Clarify Policy Related to the Separation of
26 Residential Uses from Agricultural Uses.
27 Staff Recommendations: 1) Open the public hearing,
28 take public testimony, and close the public hearing;
29 and 2) Adopt Resolution No. PC -2002- recommending
30 to the City Council approval of the proposed
31 amendments to the General Plan Land Use Element, Land
32 Use Map and Zoning Map.
33 Barry Hogan gave the staff presentation and discussed the
34 three (3) areas of change:
35 • Consistency between the General Plan Land Use Map,
36 Zoning Map and Approved Vesting Tentative Tract Map
37 • Amendments to General Plan and Zoning Maps for
38 Proposed Reclaimed Water Tank Site
S: \Community Development \COMMISSION \MINUTES \2002 Draft \020826 pcm draft.doc
Planning Commission, City of Moorpark, California
Minutes of August 26, 2002
Paae 5
1 • Amendment to Land Use Element to Clarify Policy on
2 Residential /Agricultural Setbacks
3 The Commission questioned staff and discussed:
4 • commercial agriculture and elimination of the word
5 "surrounding" from the revised language for Policy
6 11.2.
7 • fruit - bearing trees and maintenance
8 • pesticides
9 • hillside maintenance
10 • pools and fencing
11 Staff responded to the Commission's questions.
12 Vice Chair Landis opened the public hearing at 7:49 p.m.
13 There were no public speaker or written statement cards
14 submitted.
15 Vice Chair Landis closed the public hearing at 7:51 p.m.
16 The Commission indicated satisfaction with the proposed
17 applications as presented and discussed, and support for
18 staff's recommendations.
19 Commissioner DiCecco moved and Commissioner Parvin seconded
20 a motion to approve staff recommendations, adopting
21 Resolution No. PC- 2002 -429, recommending to the City
22 Council approval of the proposed amendments to the General
23 Plan Land Use Element, Land Use Map and Zoning Map with
24 changes as discussed regarding Policy 11.2.
25 Motion carried with a unanimous 4:0 voice vote. Chair Otto
26 absent.
27 9. DISCUSSION ITEMS:
28 None.
29
10. ANNOUNCEMENTS
AND FUTURE
AGENDA ITEMS:
30
A. Planning
Commission
Meeting Agenda of September 9, 2002:
31
• Zoning
Ordinance
Entitlements (Workshop) - Verbal
S: \Community Development \COMMISSION \MINUTES \2002 Draft \020826 pcm draft.doc
Planning Commission, City of Moorpark, California
Minutes of August 26, 2002
Paae 6
1 • Consider Amendment to Resolution No. PC- 2002 -421
2 Regarding Rules of Procedure for Commission Meetings
3 and Related Functions and Activities.
4 B. Planning Commission Meeting Agenda of September 23,
5 2002:
6 • Possible cancellation
7 Mr. Hogan provided the Commissions with a brief summary of
8 future agenda items.
9 11. ADJOURNMENT:
10 MOTION: Commissioner Haller moved and Commissioner DiCecco
11 seconded the motion to adjourn the meeting.
12 Motion passed with a unanimous 4:0 voice vote. Chair Otto
13 absent.
14 The meeting was adjourned at 7:57 p.m.
S: \Community Development \COMMISSION \MINUTES \2002 Draft \020826 pcm draft.doc
ITEM: 8. A.
MOORPARK, CALIFORNIA
Planning T09 mission Meeting
Of � 0 � 11 ll
CITY OF MOORPARR
ACTION:' lees")' qsY
PLANNING COMMI SS ION f('e ?1t pC 0f os e
AGENDA REPORT ? f '7. (c o
TO: Honorable Planning Commission rr� w,` � ck rkc
FROM: Barry K. Hogan, Community Development Directo
By: David A. Bobardt, Planning ManagerT,
DATE: September 3, 2002 (PC Meeting of 9/9/0 <2))
SUBJECT: Public Workshop for Discussion of Potential Modifications
to Chapters 17.20 (Uses by Zone), 17.28 (Standards for
Specific Uses), 17.44 (Entitlement - Process and
Procedures) , 17.60 (Amendments to the General Plan,
Specific Plans, Zoning Map and Zoning Code) and 17.68
(Public Notice).
BACKGROUND
On August 21, 2002, the City Council adopted a resolution directing
the Planning Commission to initiate a study of Entitlement
procedures found in various chapters of the Zoning Ordinance.
Particular concerns were raised regarding the delegation of
authority and distinction between permit adjustments, minor
modifications, and major modifications. This report identifies
issues for Planning Commission discussion related to the
organization of the current entitlement procedures, the delegation
of authority, and the types of application processes currently
used.
DISCUSSION
Existing Regulations
Chapter 17.44 of the Zoning Ordinance covers procedures and
required findings for five different types of land -use
entitlements, including zoning clearances, planned development
permits, conditional use permits, temporary special use permits,
and administrative permits. In addition, the variance and
administrative exception procedures are covered in this chapter.
Modifications of entitlement permits may be approved through permit
adjustments, minor modifications, or major modifications. The
following table highlights each of these entitlements:
S: \Community Development \z 0 A \2 i Entitlement Process Rpt.doc
Planning Commission Staff Report
Entitlement Process Workshop
September 9, 2002
Page No. 2
.....a-- — —_ --'--.y uLL-- u, ay LC LCLCLLCu uy u,e wnuuu11ILY ueveLOpmenc uLrecr.or zo the eianning commission.
S: \Community Development \Z 0 A \2002 \05 \Staff Reports \PC 020909 Entitlement Process Rpt.doc
FINDINGS/
TYPE OF
DECISION
TYPE OF
PUBLIC
CONDITIONS
NOTES
PERMIT
MAKER*
HEARING
NOTICE
OF APPROVAL
REQUIRED
Zoning
CD Director or
None
None
None
Conditions are routinely
Clearance
Designee
placed, even though ZC's
are deemed "ministerial ".
Planned
CD Director,
Administrative
1,000'mailing,
Six findings as
Although Ch.17.44 allows
Development
Planning
or Public
32 sq.ft.sign,
specified in Section
administrative hearings,
Permit
Commission, or
Hearing
newspaper ad
17.44.030(A)(2). May
the use matrix in
City Council
be conditioned.
Ch.17.20 does not.
Conditional
Planning
Public Hearing
1,0001mailing,
Six findings as
Decision maker determined
Use Permit
Commission or City
32 sq.ft.sign,
specified in Section
by use matrix in Ch.17.20
Council
newspaper ad
17.44.030(A)(2). May
be conditioned.
Temporary
Community
None
None
Six findings as
Some limitation on
Special Use
Development
specified in Section
events.
Permit
Director
17.44.030(A)(2). May
be conditioned.
Administrative
Community
Noticed
300' mailing
Six findings as
Six findings may be
Permit
Development
Administrative
specified in Section
excessive
Director
Hearing
17.44.030(A)(2). May
be conditioned.
Variance
Planning
Public Hearing
1,0001mailing
Five findings as
The state set statutory
Commission
(300'for SFR)
specified in Section
findings for variances
32 sq.ft.sign,
17.44.030(C)(2). May
newspaper ad
be conditioned.
Administrative
CD Director
None
300'mailing
Three findings as
No limitations per
Exception
specified in Section
calendar year
17.44.030(D)(1)
Permit
CD Director
None
None
Same findings as
Limited to one per
Adjustment
original approval.
calendar year.
May be conditioned.
Minor
CD Director
Noticed
300' mailing
Same environmental
No limitations per
Modification
Administrative
findings as original
calendar year
Hearing
approval. No
fundamental change in
permitted land use.
May be conditioned.
Major
Original Decision
Same as
Same as
New environmental
No limitations per
Modification
Maker
original
original
findings may be made.
calendar year
process
process
May be conditioned.
.....a-- — —_ --'--.y uLL-- u, ay LC LCLCLLCu uy u,e wnuuu11ILY ueveLOpmenc uLrecr.or zo the eianning commission.
S: \Community Development \Z 0 A \2002 \05 \Staff Reports \PC 020909 Entitlement Process Rpt.doc
Planning Commission Staff Report
Entitlement Process Workshop
September 9, 2002
Page No. 3
Topics for Discussion
This agenda item was advertised as a public workshop. The intent
is to obtain public input, discuss issues related to the
entitlement process, and direct staff as appropriate. No formal
action of the Planning Commission is necessary at this meeting.
The following three issues are offered as potential topics for
discussion and direction to staff. The Planning Commission may
also identify other issues to improve the entitlement process.
1. Should the three processes for Permit Adjustments, Minor
Modifications, and Major Modifications be reduced to two
processes, one where staff makes a decision, and one where the
proposed modification returns to the original decision - maker?
The present code (Section 17.44.080) establishes three
processes for modification of existing entitlements. Permit
Adjustments and Minor Modifications can be decided by the
Community Development Director, whereas Major Modifications
return to the original decision - maker. A considerable amount
of judgment on the part of staff is involved in determining
which process applies to a particular request, reducing
predictability of the process. Only one Permit Adjustment on
a project can be made in any given calendar year. In
addition, current practice is for most decisions on minor
modifications to return to the original decision - makers, even
though the decisions could be made by the Community
Development Director.
2. Should Conditional Use Permits and Planned Development Permits
be decided by two different bodies (City Council and Planning
Commission) depending on the particular use and zone, or
should one review process be established for each type of
permit?
Presently, there is no distinction in the code between
standards for Conditional Use Permits and Planned Development
Permits. Although Chapter 17.44 allows an administrative
hearing process by the Community Development Director for
Planned Development Permits, the Use matrices in Chapter 17.20
do not provide for Community Development Director decisions.
3. Are the levels of review in the use matrices in Chapter 17.20
and the standards for specific uses in Chapter 17.28
appropriate for the listed uses?
Some uses, such as room additions, require an administrative
hearing, whereas construction of a new house may just need a
S: \Community Development \Z 0 A \2002 \05 \Staff Reports \PC 020909 Entitlement Process Rpt.doc
Planning Commission Staff Report
Entitlement Process Workshop
September 9, 2002
Page No. 4
Zoning Clearance, depending on the zone. Some uses with
detailed standards in Chapter 17.28 are unlikely to ever occur
within the City limits and may be best handled through a
Conditional Use Permit process. The level of review for a
given use should be reasonably related to either the potential
need for conditions to avoid impacts or the need for public
involvement in the decision - making process.
Staff has recognized that a number of organizational changes could
also be made to the entitlement procedures found in various
chapters of the Zoning Ordinance to make the procedures easier to
understand. Proposed changes to the Zoning Ordinance will be
presented at a future Planning Commission meeting.
STAFF RECObMNDATIONS
1. Open the public workshop, accept public testimony, and discuss
issues related to entitlement procedures.
2. Provide direction to staff for the possible preparation of
amendments to Chapter 17.20, 17.28, 17.44, 17.60, and 17.68 of
the Moorpark Municipal Code.
Attachment:
Chapters 17.20, 17.28, 17.44, 17.60, and 17.68 of the Moorpark
Municipal Code
S: \Community Development \Z 0 A \2002 \05 \Staff Reports \PC 020909 Entitlement Process Rpt.doc
Chapter 17.20
USES BY ZONE
Sections:
17.20.010
Purpose.
17.20.020
Use of matrices.
17.20.030
Uses not listed.
17.20.040
Exemptions from zoning
clearance.
17.20.050
Permitted uses in open space,
agricultural and special purpose
zones.
17.20.060
Permitted uses in commercial
and industrial zones.
17.20.010 Purpose.
Sections 17.20.050 and 17.20.060 list in matrix form
the uses that are allowed under this title. (Ord. 189 § 3
(8105 -0), 1994)
17.20.020 Use of matrices.
A. The following symbols indicate the type of permit
required for uses allowed in each zone (unless otherwise
indicated in city council Resolution No. 88 -523):
[Blank] Not permitted
,r ♦ Permitted by zone clearance
- Administrative permit
• Planning commission - approved planned
development permit
City council - approved planned development
permit
O Planning commission- approved conditional
use permit
® City council - approved conditional use permit
NOTE: Approvals subject to change by city ordinance.
All uses located in the M -1 and M -2 zone which are
adjacent to residential zoned property shall require a city
council - approved conditional use permit prior to occupancy
of the building. Exception: All development permits or
zone clearances approved prior to the ordinance codified
in this title shall continue as legally conforming including
those approved and not yet built or occupied. However,
after a five (5) year period from adoption of the ordinance
codified in this title, this exemption shall no longer be valid
and all existing development and occupancies shall become
legal - nonconforming. Thereafter, all changes of uses shall
conform to Section 17.52.040C which states that, "The
discontinuance for a period of one hundred eighty (180)
or more days of the nonconforming use, or a change of
nonconforming use to a conforming use, constitutes aban-
donment and termination status of the use, and therefore,
new uses shall be required to conform to the conditional
use permit requirement."
308 -1
PC ATTACHMENT
17.20.010
(Moorpark 12 -98)
B. Uses shown in the matrix legend as "Permitted"
require a zoning clearance unless exempted under Section
17.20.040.
C. Each use is subject to all of the provisions of this
title.
D. For the purposes of this chapter, any use listed in
matrix form which is indented shall be construed as a
subheading of the heading under which it is indented.
E. Any use requested as an accessory use which is
listed in the matrix at Sections 17.20.050 and 17.20.060
as a main use shall be processed in accordance with the
indicated requirements of the main use.
1. Retail Sales in Industrial Zones. Retail sales may
be allowed in industrial zones under the following provi-
sions:
a. That the areas used for retail may not exceed twenty
percent (200) of the entire floor area of the building;
b. That in the case of an industrial complex under
a single cumulative floor area of all buildings, twenty
percent (20%) of the cumulative floor area may be used
by any one (1) building for retail use;
c. Temporary retail sales may be allowed under the
provisions of the temporary use permit and must exhibit
verification of State Board of Equalization sellers permit.
The temporary permit shall be granted upon the stipulation
that the sales activity occur no more than once per month
and not on more than three (3) consecutive days;
d. Subsections (E)(1)(a) and (E)(1)(b) shall be allowed
only as a modification to the original development permit.
In the case of a nonexistent development permit, one shall
be required.
F. The abbreviations used in Sections 17.20.050 and
17.20.060 are to be interpreted as follows:
agric. — agriculture
GFA — gross floor area
H &SC — Health and Safety Code
prelim. — preliminary
sq. ft. — square feet
W &IC — Welfare and Institutions Code
G. In accordance with Section 17.04.040, the only uses
permitted are those listed as such in this title. The following
list of specifically prohibited uses is provided for informa-
tional purposes, and is not intended to be comprehensive:
1. Nuclear powerplants;
2. Public polo events;
3. Racetracks for horses or motorized vehicles;
4. Stadiums;
5. The parking of motor vehicles on vacant land con-
taining no principal use;
6. Retail sales from wheeled vehicles, except as
permitted pursuant to Section 17.20.040R. (Ord. 189 § 3
(8105 -1), 1994)
17.20.020
1720.030 Uses not listed.
Where a proposed land use is not identified in this chap-
ter, the director of community development shall review
the proposed use when requested to do so by letter and,
based upon the characteristics of the use, determine which
of the uses listed in this chapter, if any, is equivalent to
that proposed.
A. Upon a written determination by the director of
community development that a proposed unlisted use is
equivalent in its nature and intensity to a listed use, the
proposed use shall be treated in the same manner as the
listed use in determining where it is allowed, what permits
are required and what standards affect its establishment.
B. Determinations that specific unlisted uses are equiva-
lent to listed uses shall be recorded by the planning depart-
ment, and shall be considered for incorporation into the
zoning ordinance in the next scheduled ordinance amend-
ment. (Ord. 189 § 3 (8105 -2), 1994)
1720.040 Exemptions from zoning clearance.
A zoning clearance is not required to be issued for the
following uses, if the uses meet the requirements of Section
17.44.030(B)(1)(a) and all other provisions of this title:
A. Public works projects constructed by the city or
its contractors;
B. Ordinary maintenance and minor repairs to buildings,
not involving structural alterations;
C. Permitted crop production, including packing, storage
or preliminary processing of crops, where no structures
are involved;
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;
309 (Moorpark 1 -01)
17,20.040
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 strictures, outdoor fiunimm 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 tricks 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)
1710.050 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
City council- approved planned development
permit
O Planning commission- approved conditional
use permit
City council- approved conditional use permit
Table 1720.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND
SPECIAL PURPOSE ZONES
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.
Over 5,000 to 20,000 sq. ft.
Over 20,000 to 100,000 sq. ft.
Over 100,000 sq. ft.
Apiculture'
Fish farms
More animals than are permitted by Section
17.28.030C
Contractors' service and storage yards and buildings
Crop production'
Wholesale nursery
Firewood operations
Greenhouse, hothouses and the like: total GFA
per lot'
Up to 1,000 sq. ft.
1,000 to 20,000 sq. ft.
tti1mrpwr 1 -011 310
OS AE RA RE RO R1 R2 RPD TP I
N
❑
♦
♦
O
♦
♦
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
♦
♦
O
N
❑
17.20.050
OS AE RA RE RO R1 R2 RPD TP I
20,000 to 100,000 sq. ft.
O
0
O
Over 100,000 sq. ft.
0
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.
0
0
O
Over 100,000 sq. ft.
0
Timber growing and harvesting, and compatible uses
Dwellings, farm worker (more than one per lot)
0
0
O
Wineries
Up to 2,000 sq. ft. structure
2,001 to 20,000 sq. ft. structure
0
0
O
Over 20,000 sq. ft. structure
O
0
O
With public tours or tasting rooms
0
0
O
Accessory structures
To animal husbandry:
SEE WITH STRUCTURES, ABOVE
Dwelling, caretaker
O
0
O
More than one per lot
0
0
O
Offices
O
0
O
To crop production, including storage
SEE GREENHOUSE
Dwelling, farm worker. On lots of 40 acres
or more
O
0
O
On lots less than 40 acres
0
0
O
More than one per lot
0
.0
O
Offices
0
0
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
0
O
O
O
Animals, nonagricultural (see also Dwellings, accessory
uses and structures)'
SEE ANIMAL
HUSBANDRY
Kennels
0
O
O
Wild animals
0
Boardinghouses and bed- and - breakfast inns
O
O
0 O O 0
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 0
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
♦
♦
♦
♦ ♦
♦ ♦ 0
Care of 7 or more persons
O
O
0 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
0
O O O 0
Clubhouses (no alcoholic beverages)
O
O
O O O O
311 (Moorpark 1 -01)
17;20.050
Communications facilities
Drilling, temporary geologic (testing only)
Dwelling, single - family' (R -P -D zone)
Mobilehome, continuing nonconforming
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, two-family, or two single - family dwellings`
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, multifamily
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, accessory structures
For human habitation:
Mobilehome/RV as temporary dwelling during
construction'
Second dwelling'
Room additions
Not for human habitation (with or without bathroom):
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
Antenna, ground - mounted (noncommercial),
above 40 ft.'
Dwellings, accessory uses
Animals'
Apiculture
Aviaries
Farm animals' (other than horses/ponies)
Horses/ponies'
Pet animals'
More animals than are permitted by Section
17.28.030C
Wild animals
Commercial uses, minor, for project residents
Home occupation
Storage, open''
Education and training
Colleges and universities
Schools, elementary and secondary (boarding and
nonboarding)
Energy production from renewable sources
Festivals and similar events, temporary outdoor
Government buildings
Correctional institutions
Fire stations
Law enforcement facilities
Grading'
Within an overlay zone
Hospitals
Hospitals for large animals
Libraries
(Moorpark 1 -01) 312
OS AE RA RE RO R1 R2 RPD TP I
0
0
0
0
0
0
0
0
0 0
O
O
O
O
O
♦
♦
♦
♦
♦
♦
♦
•
O
O
O
O
O
O
O
O
o
a
o
♦
•
0
0
•
0
O O O
O O O
O O O
O O O
O O O
O
O
O O O
® O O
O O
O
O O O
O
O
O
■ ■ ■ ■ ■
O O 0 0 O
O O O O O O
O
♦ ♦ O
♦ ♦ O
O O O O
•
O
O O O O O O
O
O
O O O O O O
O O 0 0 O O
O O O O O O
SEE CHAPTER 17.36
O O
O
O O O O O O
17.20.050
313 (Moorpark 6-02)
OS
AE
RA
RE
RO
Rl
R2
RPD
TP
t
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)'
Pipelines and transmission lines, aboveground"
O
O
O
O
O
O
O
O
O
O
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
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 `
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''4
O
O
O
O
O
O
O
O
0
0
Wireless communications facilities'
O
O
O
O
O
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.
5. There are specific regulation for this use; see Chapter
17.42, including
an
administrative permit requirement for a
pre - approved location on public property.
(Ord. 278 § 4, 2002: Ord. 264 § 2 (part), 1999; Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8105 -4),
1994)
313 (Moorpark 6-02)
17.20.060
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.
The key for Table 17.20.060 is as follows:
[Blank]
Not permitted
Permitted by zone clearance
•
Planning commission- approved planned
CO
development permit
O
City council- approved planned development
M2
permit
O
Planning commission- approved conditional
use permit
®
City council- approved conditional use permit
Q
Administrative permit required
Temporary use permit
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
Airfields and landing pads and strips, private
Airports
Alcoholic beverage9
Establishments selling beer and/or wine with an eating place
Establishments selling alcoholic beverages other than beer
and wine with an eating place
Amusement and recreational facilities (see definitions in Ch. 17.08)
Amusement parks and carnivals
Arcades
Batting cages and golf driving ranges, indoor
Bicycle racing tracks, outdoor
Health club /gymnasium (see definitions)
Martial arts and dance studios
Motion picture theaters, outdoor (drive -in)
Racetracks (for motorized vehicles), shooting ranges and stadiums
Art galleries, museums and artisan workshops
Automobile repair, including component repair
Automobile service stations
Banks and related financial offices and institutions
Barber, hairstylists, manicurists
Tanning centers
Bars, taverns and nightclubs'
Botanical gardens
Care facilities: For 7 or more persons' (see also H &SC and W &IC)
Day Z3
Intermediate and residential
Care facilities: For 9 or more persons (Day)
Car washes, self- service or automatic
Cemeteries, columbaria and mausoleums
Crematoria, accessory
Churches, synagogues and other buildings used for religious worships
Clubhouses
With alcoholic beverages
(Moorpark 6-02) 314
C2
CO
Cl
CPD
M1
M2
I
C -OT
O
O
O
O
O
0
0
0
0
0
0
•
O
•
O
O
O
O
O
O
O
O
•
•
O
•
•
O
O
O
PROHIBITED
♦ 10
•
O
•
•
•
•
•
•
•
•
•
O
O
•
O
•
•
•
•
•
•
O
O
O
O
O
O
O
O
O
O
O
O
O
•
•
O
O
O
O
•
O
O
O
O
•
O
O
O
O
17.20.060
C2
CO
C1 CPD
Ml
M2
I
C -OT
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
structures`
Produce stands, retail'
Dog and cat grooming
•
O
Dressmaking and tailor shops
•
Drilling, temporary geologic (testing only)
O
O
Dwelling for superintendent or owner
Dwelling, caretaker
O
Education and training
Colleges and universities
O
•
O
Schools: Elementary and secondary (nonboarding only)"
•
• •
•
•
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
8
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)
•
Libraries and information center
•
• •
Manufacturing associated with crafts and artisans
Assembly, exhibits, demonstration
O
Manufacturing industries
Apparel and related products
•
•
315
(Moorpark 1-01)
17.20.060
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
Household appliances
Transmission and distribution equipment, and industrial apparatus
Food and related products
Alcoholic beverages
Bakery products
Meat, seafood and poultry packing plants
Slaughtering; refining and rendering of animal fats and oils
Sugar refming
Furniture and related fixtures
Instruments: measuring, analyzing and controlling
Jewelry, silverware and plated ware
Laundry service-- laundromats°
Laundry service —light
Laundry servic"eavyb
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
Metal products, fabricated
Ammunition
Machine shops
Plating, polishing, anodizing, engraving and related operations
Musical instruments, including pianos and organs
Paper and related products
Products from paper and paperboard, including containers
Pens, pencils and other office and artists' materials
Personal goods
Petroleum refining and related industries
Photographic, medical and optical goods, and watches and clocks
Printing, publishing and related industries
Print shops (up to 1,500 sq. ft. of gross floor area)
Rubber and plastics products
Tire retreading and recapping
Signs and advertising displays
Stone, clay and glass products
Asbestos products
Cement, concrete and plaster, and products fabricated therefrom
(tioorpwk 1 -01) 316
C2
CO C1 CPD M1 M2 I C -OT
• •
• •
• •
O
O •
O •
O •
O
•
•
•
•
O
•
O
•
•
•
•
•
•
• O
•
O
•
•
•
O
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
Motorcycles, bicycles and related parts
Martial arts and dance studios
Mineral resource development
Mining and accessory uses'
Less than 9 months in duration
Public works maintenance
Oil and gas exploration and production'
Motion picture and TV production, and related activities and structures
Temporary (maximum 47 days in any 180 -day period)"
Offices: business, professional and administrative, except health and
veterinary
Optical goods
Organizations ( professional, religious, political, labor, trade,
youth, etc.)
Parks — public
Parking lots
Pharmacy, accessory retail, for prescription pharmaceuticals only
Photocopy /quick printers
Photofinishing (1 -hour photo)
Pipelines and transmission lines, aboveground
Produce stands, retail
Propulsion (engine) testing
Public utility facilities°
Offices only
Service yards
Recording studios and sound stages
Rental and leasing of durable goods
Bicycle rental
Repair and reconditioning services
Automobile body work and painting
Automobile repair, including component repair
Electrical and electronic machinery and equipment
Heavy machinery repair, including trucks, tractors and buses
Instruments, including musical instruments
Office, computing and accounting machines
Photographic and optical goods
Repair of personal goods such as jewelry, shoes and saddlery
Restaurants, cafes and cafeterias
Restaurants, cafes and cafeterias' temporary outside eating
Retail trade (see definitions in Chapter 17.08) includes retail -only
nurseries and excludes lumber and building materials sales yards,
pawnshops and liquor stores
Antique store
17.20.060
C2
CO CI CPD M1 M2 I C -OT
• •
•
• •
O
•
•
r,
N
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
♦
♦
♦
♦
♦
O
•
•
•
•
•
O
O
•
O
O
O
O
•
O
O
O
•
•
•
•
•
•
O
B
r,
N
O
O
O
O
O
O
O
O
O
O
O
•
•
•
•
•
O
•
•
O
•
O
O
O
O
O
•
O
O
•
O
O
O
O
O
•
•
♦10
• •
• • • •
•
•
317 (Moorpark 1 -01)
17.20.060
Outdoor sales area
Outdoor sales area temporary
Retail trade (see definitions)
Christmas tree sales'
Feed stores
Lumber and building materials sales yards
Mail order houses (nonstore)
Motor vehicle, mobilehome, recreational vehicle and boat dealers'
Nurseries
Uses and structures, accessory
Outdoor sales and services, temporary' (see definitions)
Repair of products retailed
Salvage yards, including automobile wrecking yards
Service establishments
Business (see definitions)
Auction halls, not involving livestock
Disinfecting and exterminating services
Exhibits, building of
Sign painting and lettering shops
Personal (see definitions)
Signs (See also Section 17.20.040 and Chapter 17.40)
Freestanding off -site advertising signs
Swap meets
Taxidermy
Transportation services (see definitions)
Bus and train terminals
Stockyards, not primarily for fattening or selling livestock
Truck storage, overnight
Trees and native vegetation: removal, relocation or damage°
Within an overlay zone
Uses and structures, accessory
Dwelling, for superintendent or owner
Dwelling, caretaker
Game machines: three or fewer
Recreational facilities, restaurants and cafes: for employees only
Retail sale of products manufactured on -site
Temporary buildings during construction'
Vaccination clinics, temporary, for pet animals'
Veterinary clinics, pet animals only'
Warehousing and storage, including ministorage
Automobile impound yards; dead storage of trucks, buses and the like
Building materials, movers' equipment and the like: indoor
Outdoor
Fertilizer and manure
Hazardous materials; including pesticides and herbicides
Petroleum and gas (butane, propane, LPG, etc.); explosives and
fireworks
Recreational vehicles
Storage of building materials, temporary'
Waste treatment and disposal (see definitions)
(Moorpark 1 -01) 318
C2
CO C1 CPD M1 M2 I C -OT
• •
O
O O
• •
O
O
SEE PRINCIPAL USE
n
u
SEE CHAPTER 17.36
SEE PRINCIPAL USE
O O O O
O O
O
O
•
O
O
O
O
O
•
•
O
•
•
•
O
O
O
O
O
•
O
•
O
O
n
u
SEE CHAPTER 17.36
SEE PRINCIPAL USE
O O O O
O O
• •
•
O O
• •
• •
•
17.20.060
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.
11. There are specific regulations for this use; see Chapter 17.42, including an administrative permit requirement for
pre- approved location on public property.
(Ord. 278 § 5, 2002: 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)
318 -1 (Moorpark 6-02)
C2
CO Cl CPD
M1
M2
I C -OT
Recycling facilities and centers
O
•
O
Water production, storage and distribution facilities: Private purveyors 4'8
O O O
O
Wholesale trade
•
•
Wireless communications facilities"
O O O
O
O
O
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.
11. There are specific regulations for this use; see Chapter 17.42, including an administrative permit requirement for
pre- approved location on public property.
(Ord. 278 § 5, 2002: 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)
318 -1 (Moorpark 6-02)
17.24.090
Speed Limit Sight Distance
Chapter 17.28
On Major Street (mph) Required (ft.)
25 165
STANDARDS FOR SPECIFIC USES
30 190
35 225
Sections:
40 260
1728.010
Purpose.
45 300
1728.020
Standards relating to dwellings.
50 350
17.28.030
Standards relating to animals.
55 400
1728.040
Auto, boat and trailer sales lots.
1728.050
Mobilehome parks.
F. Light Fixtures. The following regulations apply to
1728.060
Oil and gas exploration and
light fixtures over two (2) feet in height:
production.
1. Maximum height is twenty-four (24) feet (twelve
1728.070
Produce stands.
(12) feet if within one hundred (100) feet of residentially
1728.080
Recreational vehicle parks.
zoned property) unless a greater height is approved by the
1728.090
Restaurants, bars and taverns.
director of community development or his designee.
17.28.100
Mining and reclamation.
2. Such fixtures shall not be placed in side setbacks.
17.2&110
Veterinary dims.
3. Lights in excess of one hundred (100) watts shall
17.28.120
Motion picture and TV
not result in direct illumination of adjacent properties.
production, temporary.
4. A lighting plan shall be submitted for all approved
17.28.1311
Outdoor sales and services,
entitlement projects governed by Chapter IT". The lighting
temporary.
plan shall achieve the following objectives: avoid interfer-
1728.140
Christmas tree sales.
ences with reasonable use of adjoining properties; minimize
172 &150
Temporary buildings during
on -site and off -site glare; provide adequate on -site lighting;
construction.
limit electroliers height to avoid excessive illumination;
172 &160
Storage of building materials,
and provide structures which are compatible with the total
temporary.
design of the proposed facility.
172 &170
Campgrounds.
5. Fixtures must provide sharp cut -off qualities which
1728.180
Camps.
minimize light spillage at property fines.
172 &190
Retreats.
6. Energy - efficient lighting fixtures shall be provided
1728.200
Golf courses.
which are compatible with adjacent properties.
17.28210
Buildings for the growing of
7. No direct light source (bulb) shall be visible from
crops.
the road
1718.220
Temporary pet vaccination
8. The architectural design of the pole(s) and lamp(s)
clinks.
shall complement the design of the building.
1728230
Day care facilities.
9. Eliminate upward light spillage. (Ord. 189 § 3
1728240
Nonmotorized wheeled
(8106 -8), 1994)
conveyance facilities and uses.
172A.M
Caretaker recreational vehicle,
accessory.
17.2&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)
1728.020 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
326
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.
2. Mobilehome Foundation System. Mobilehomes
which are used as single- family residences or as caretaker
or farm worker dwellings shall be installed on a foundation
system in compliance with Chapter 2, Article 7, Section
1333 of Title 25 of the California Administrative Code.
Nonconforming mobilehomes renewed under a continuation
permit shall be in compliance with the applicable provisions
of Chapter 2, Article 7 of Title 25.
3. Exterior Siding. Exterior siding of a 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 dwell-
ings, 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 eleva-
tions 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 neigh -
borhood 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 manufac-
tured 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.
327
17.28.020
D. Mobilehome or Recreational Vehicle as Temporary
Dwelling During Construction. A mobilehome or recre-
ational 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 Homewl a Sales. Model homes, or a tempo-
rary 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 ap-
proved 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 a88Tegate
area shall not exceed one percent (I%) of the total lot area,
up to a maximum of one thousand (1,000) square feet. Lots
of forty (40) acres or more in the O-S and A -E zones are
permitted a maximum of two thousand (2,000) square feet
of open storage, provided that all open storage exceeding
one thousand (1,000) square feet is screened from view
from all public rights -of -way within three hundred (300)
feet of such additional storage area
17.8.020
3. With the exception of boats and unstacked automo-
tive 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 commer-
cial 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 constnrc-
tion. 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 fra ubm
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 con-
structed 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 dwell-
ing.
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:
328
L 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-am 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.
Hi. 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 on a lot which contains a
legal nonconforming use or structure.
L Minimum yard setbacks from the property lines
for the second dwelling and associated garage or 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 residen-
tial 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 dwell-
ing are a garage or carport
1. The following parking standards shall apply:
L 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 parldng space(s) provided for the second dwell-
ing shall not be located in a required dwelling unit setback
and shall be paved.
(iv) The required off - street packing 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
329
17.28.020
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.
b. Satellite antennas located in any commercial, indus-
trial, public facility, or any multifamily zone, will be
required to receive approval from the department of com-
munity development. The department of community devel-
opment may issue a denial if the proposed location infringes
on the adjacent property owner or does not meet certain
conditions to maintain aesthetics in the area Such applica-
tion shall be filed with the department of community
development and shall include a plan showing the location
of the proposed antenna, height and width of antenna,
setback distances and description of the type of mount to
be used, and the landscape plans showing location of
existing tress, other natural features and proposed landscap-
ing features, including fence, wall or other screening, and
an application fee set by city council resolution.
2. General Provisions.
a. Only one (1) satellite dish will be allowed for a
single - family residential lot or apartment project.
b. The support structures for satellite dish antennas
in all zones, except for single- family residential zones where
the antenna is to be located in a side or rear yard, shall
be screened from view from public right -of - -way, by use
of walls, fences and/or landscaping.
c. No advertising or text shall be permitted on the
satellite dish antenna, except for operational safety or
minimal logo information.
d. All satellite dish antennas, including the construc-
tion and installation thereof, shall conform to the Uniform
Building Code and Electrical Code requirements.
e. When attached to a main structure, the satellite dish
antenna shall not exceed the maximum building height in
the respective zone.
f. The satellite dish antenna shall not encroach into
any required setback except the rear residential setback,
nor shall it be in any required open space, private recreation
area or required parking space.
g. Outdoor wires necessary for the operation of the
antenna shall be placed underground or attached flush
against the building surface.
h. All units are encouraged to be color - coordinated
to harmonize with predominant structural background
material, so as to reduce visual impacts.
i. Satellite dish antennas outside of residential zones
may be located on rooftops with approval of the director
of community development only if ground mounting is
inappropriate or inaccessible. If allowed, roof - mounted
antennas shall be screened with such screening designed
17.28.020
as an integral part of the building, to have the same color
of the building.
j. The city council shall adopt by resolution a process
providing for notification of homeowner associations and
adjacent neighbors prior to action by the decision- making
authority. (Ord 196 § 3 (part), 1994; Ord. 189 § 3 (8107 -1),
1994)
17.28.030 Standards relating to animals.
A. Purpose. These regulations are intended to establish
standards and conditions for the keeping of all animals
in the city while protecting the health, safety and welfare
of its residents.
B. General Provisions — Standards. All the standards
contained in this section shall apply equally to all properties
unless otherwise noted.
1. Enclosure. All animals shall be properly caged or
housed, and must be kept in their corals, barns, pens or
other enclosure. All corrals, pens, coops, lofts, exercise
areas. or other similar stnxttnrs shall be fenced or otherwise
enclosed to adequately confine the animal(s).
2. Maintenance. All buildings housing farm animals,
all animal enclosures and all pasture areas shall be main-
tained free from litter, garbage and the accumulation of
manure. Premises shall be maintained in a neat and sanitary
manner. If farm animals are not maintained in compliance
with these standards, or are otherwise allowed to become
a nuisance, the city shall initiate enforcement proceedings
as provided by this code.
3. Animals Not Classified. Any animal not specifically
classified within this chapter shall be classified by the
director of community development, based upon a determi-
nation as to the probable negative impact of the health,
safety or general welfare upon the community.
C. Pet Animals. The keeping of pet animals is permitted
in all zones of the city, subject to the following provisions:
1. Dogs, Cats, Pot - Bellied Pigs and Miniature Horses.
a. Dogs, cats, pot - bellied pigs and miniature horses
are permitted to be kept upon lots used primarily for resi-
dential or agricultural uses, for recreational purposes (and
as protection) as provided in subsection (Bxl)(b) of this
section. They are permitted to be kept as an accessory use
upon any lot developed with an office, business or other
commercial or industrial use for the primary purpose of
protecting the premises from varmints and trespassers.
b. Multifamily dwellings in the city may have up to
two (2) dogs, cats, pot- bellied pigs or miniature horses
(in any combination). All other dwellings in the city may
have up to four (4) dogs, four (4) cats, four (4) pigs, or
four (4) miniature horses, or any combination not to exceed
a total of four (4) such animals.
330
c. The offspring of animals are allowed and shall not
be counted towards the maximum allowed number until
they are of weanable or self- sufficient age. Dogs and cats,
pot - bellied pigs and miniature horses shall be counted as
weaned at four (4) months of age or more.
2. Other Allowed Household Animals.
a. A maximum of fifteen (15) other domestic animals
such as domestic mice and rats, hamsters, guinea pigs,
chelonians, tropical fish, birds of the psittacine family
(enclosure must be set back at least fifteen (15) feet from
any dwelling or adjacent property).
b. Small caged crustaceans, amphibians and arthropods,
and other similar animals commonly sold in pet stores and
kept as household pets, may be kept upon any lot in any
zone where the principal use upon any such lot is residen-
tial, so long as animals are not maintained for commercial
purposes, do not constitute a nuisance, are adequately
provided with food, care and sanitary facilities, and do
not exceed a total of six (6) animals (fish being exempt)
on any lot either within or outside any dwelling. Offspring
shall not be counted until four (4) months from birth.
c. Animals that, because of size, specialized breeding
or other unique quality, cannot be clearly categorized may
be permitted (including total number) , upon approval of
the director of community development.
3. Animal Units. The keeping of farm animals as a
principal or accessory use, except for pet animals, shall
be permitted in accordance with the matrix and table of
animal unit equivalents set forth below:
17.28.030
Notes:
1. In calculations for permitted inimals, fractional numbers are to be rounded to the lower whole number.
2. The offspring of animals are allowed and shall not be counted until they are of weanable or self - sufficient age.
3. These separation requirements do not apply to pet animals (see subsection C of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq. ft. in the R -A or R -E
zone; see subsection E of this section for exception.
ANIMAL UNIT EQUIVALENTS
The following table indicates the animal unit equivalents for each type of permitted animal and provides for different types
of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1) animal unit, a chicken
is one -tenth (yio) of an animal unit, and so on. To calculate the number of any one (1) type of animal allowed on a property,
divide the total number of animal units allowed on the property by the animal unit equivalent for that animal.
Animal Type
Bull
Chicken
Cow
Donkey
Duck
Game hen
Racing pigeon
Goat, female
Goat, male
Goose
Guinea fowl
Animal Unit
Equivalent
1.0
.l
1.0
1.0
.1
.1
.05
.33
.5
.16
.5
4.�i
Horse
Pony
Mule
Peafowl
Pig
Rabbit or other fur- bearing
animal of similar size at
maturity
Sheep
Turkey
Animal Unit
Equivalent
1.0
.5
1.0
.5
.5
.05
.16
No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty thousand (20,000) sq. ft.
in area in other zones.
331
Minimum Lot
Distance Separation
Zone
Area Required
Animal Units Permitted'
Requirements'
O-S
10,000 sq. ft.
Lots less than 20,000 sq. ft.: two units`. Lots
Except for movement on and
A -E
of 20,000 sq. ft. to 10 acres: 1 unit per 10,000
off the property, animals shall
R -A
sq. ft. of lot area. Lots over 10 acres: no limit.
not be kept, maintained or used
in any way, inside or outside of
R -O
20,000 sq. ft.
Horses/ponies: 3 units plus 1 unit per 30,000
sq. ft. of total lot area Other animals: 1 unit
any structure, within 40 feet of
per 10,000 sq. ft. of total lot area
those portions of any structure
used for human occupancy, as-
R-E
10,000 sq. ft.
2 units plus 1 unit per 20,000 sq. ft. of total
sembly or habitation, other than
lot area.`
the residence of the owner or
keeper of such animals.
R -1
20,000 sq. ft.
1 unit per 10,000 sq. ft. of lot area
Notes:
1. In calculations for permitted inimals, fractional numbers are to be rounded to the lower whole number.
2. The offspring of animals are allowed and shall not be counted until they are of weanable or self - sufficient age.
3. These separation requirements do not apply to pet animals (see subsection C of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq. ft. in the R -A or R -E
zone; see subsection E of this section for exception.
ANIMAL UNIT EQUIVALENTS
The following table indicates the animal unit equivalents for each type of permitted animal and provides for different types
of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1) animal unit, a chicken
is one -tenth (yio) of an animal unit, and so on. To calculate the number of any one (1) type of animal allowed on a property,
divide the total number of animal units allowed on the property by the animal unit equivalent for that animal.
Animal Type
Bull
Chicken
Cow
Donkey
Duck
Game hen
Racing pigeon
Goat, female
Goat, male
Goose
Guinea fowl
Animal Unit
Equivalent
1.0
.l
1.0
1.0
.1
.1
.05
.33
.5
.16
.5
4.�i
Horse
Pony
Mule
Peafowl
Pig
Rabbit or other fur- bearing
animal of similar size at
maturity
Sheep
Turkey
Animal Unit
Equivalent
1.0
.5
1.0
.5
.5
.05
.16
No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty thousand (20,000) sq. ft.
in area in other zones.
331
17.28.030
D. Applicability of Lot Area Requirements. Abutting
lots under unified control, either through ownership or by
means of a lease, may be combined in order to meet
minimum area requirements for animal- keeping or to keep
a greater number of animals, but only for the duration of
such common ownership or lease, and only in zones which
allow the keeping of animals as a principal use.
E. Temporary Exception. In the R -E zone, the director
of community development may authorize the keeping of
a maximum of two (2) horses on lots of ten thousand
(10,000) to twenty thousand (20,000) square feet, and an
exception to the distance separation requirements for a
period of one (1) year, without holding a public hearing,
provided that the applicant submits:
1. A completed application form, as provided by the
director of community development;
2. A county assessor map, in duplicate, showing the
applicant's property outlined in red, the area and structures
to be devoted to animal use and the assessor parcel numbers
of all contiguous properties; and
3. A letter of consent from each resident located within
one hundred (100) feet of where the horses are to be kept,
maintained or used in any other way. The letter shall contain
the assessor parcel number, address and telephone number
of the contiguous resident. and shall state that the contiguous
resident is agreeable to the requested keeping of horses
and to the requested reduction of the distance separation
requirements.
F. Apiculture.
1. Street Separation. No beehive or box shall be located
or maintained within one hundred fifty (150) feet of any
public road, street or highway, or as determined by the
director of community development.
2. Apiary Location. A beehive or box shall be located
or maintained a safe distance from an urbanized area. For
the purpose of this section, an urbanized area is defined
as an area containing three (3) or more dwelling units per
acre. As the size of the area increases, the number of
dwelling units must increase proportionately by a minimum
of (3) three dwelling units per acre. A `reasonable distance"
shall be determined after investigation by the director of
community development. Decisions of the director of
community development may be appealed pursuant to
Section 17.44.090.
3. Dwelling Separation. No beehive or box shall be
located or maintained within four hundred (400) feet of
any dwelling on adjacent property.
4. Property Line Separation. No apiary shall be located
or maintained within fifty (50) feet of any property line
common to other property except that it may be adjoining
the property line when such other property contains an
332
apiary, or upon mutual agreement for such location with
the adjoining property owner.
5. Water. Available adequate and suitable water supply
shall be maintained on the property near the apiaries at
all times. (Ord. 189 § 3 (8107 -2), 1994)
17.28.040 Auto, boat and trailer sales lots.
New and used automobile, trailer and boat sales yards
are subject to the following conditions:
A. No repair or reconditioning of automobiles, trailers
or boats shall be permitted unless such work is accessory
to the principal retail use and is done entirely within an
enclosed building.
B. Except for required landscaping, the entire open
area of the premises shall be surfaced with concrete or
asphaltic concrete. (Ord. 189 § 3 (8107 -3), 1994)
17.28.050 Mobilehome parks.
A. Mobilehome parks shall be developed in accordance
with all applicable standards, including density standards
(number of dwellings per unit of lot area), of the zone in
which the mobilehome park is located.
B. A mobilehome park may include, as part of an
approved permit, recreational andclubhouse facilities and
other accessory uses.
C. The minimum distance between structures in a
mobilehome park shall be ten feet, except that the minimum
distance between accessory structures shall be six (6) feet.
(Ord. 189 § 3 (8107 -4), 1994)
1718.060 Oil and gas exploration and
production.
A. Purpose. The purpose of this section is to establish
reasonable and uniform limitations, safeguards and controls
for oil and gas exploration and production facilities and
operations within the city which will allow for the reason-
able use of an important city resource. These regulations
shall also ensure that development activities will be conduct-
ed in harmony with other uses of land within the city and
that the rights of surface and mineral owners are balanced.
B. Application. Unless otherwise indicated herein, the
purposes and provisions of Section 17.28.060 et seq. shall
be and are automatically imposed on and made a part of
any permit for oil or gas expkxwkn and development issued
by city on or after March 24, 1983. Such provisions shall
be imposed in the form of permit conditions when permits
are issued for new development or for existing wells/
facilities without permits, or when existing permits are
modified. These conditions may be modified at the discre-
tion of the director of community development, pursuant
to Section 17.44.060B. Furthermore, said provisions shall
apply to any oil and gas exploration and development
v,
,�
operation initiated on or after March 24, 1983, upon
federally owned lands for which no land use permit is
required by the city. No permit is required by the city for
oil and gas exploration and production operations conducted
on federally owned lands pursuant to the provisions of the
Mineral Lands Leasing Act of 1920 (30 U.S.C. Section
181 et seq.).
C. Definitions. Unless otherwise defined herein, or
unless the context clearly indicates otherwise, the definition
of petroleum - related terms shall be that used by the State
Division of Oil and Gas.
D. Required Permits. No oil or gas exploration or
production - related use may commence without or inconsis-
tent with a conditional use permit approved pursuant to
this title. Furthanmore, a zoning clearance must be obtained
by the permittee to confirm consistency with the zoning
ordinance and/or conditional use permit prior to drilling
every well, commencing site preparation for such well(s),
or installing related appurtenances. as defined by the director
of community development. However, a single zoning
clearance may be issued for more than one (1) well or drill
site or structure. Possession of an approved conditional
use permit shall not relieve the operator of the responsibility
of securing and complying with any other permit which
may be required by other city ordinances, or state or federal
laws. No condition of a conditional use permit for uses
allowed by this title shall be interpreted as permitting or
requiring any violation of law, or any lawful rules or
regulations or orders of an authorized governmental agency.
When more than one (1) set of rules applies, the stricter
one shall take precedence.
E. Oil Development Guidelines. The general guidelines
that follow shall be used in the development of conditions
which will help ensure that oil development projects gener-
ate minimal negative impacts on the environment. The
guidelines shall be applied whenever physically and
economically feasible and practicable, unless the strict
application of a particular guideline(s) would otherwise
defeat the intent of other guidelines. An applicant should
use the guidelines in the design of the project and anticipate
their use as permit conditions, unless the applicant can
demonstrate that they are not feasible or practicable.
1. Permit arras and drill sites should generally coincide
and should only be as large as necessary to accommodate
typical drilling and production equipment.
2. The number of drill sites in an area should be
minimized by using centralized drill sites, directional drilling
and other techniques.
3. Drill sites and production facilities should be located
so that they are not readily seen.
333
17.28.060
4. Permittee and operators should share facilities such
as, but not limited to, permit areas, drill sites. access roads,
storage production and processing facilities and pipelines.
5. Tire following guidelines shall apply to the installa-
tion and use of oil and gas pipelines:
a. Pipelines should be used to transport petroleum
products off -site to promote traffic safety and air quality.
b. The use of a pipeline for transporting crude oil may
be a condition of approval for expansion of existing process-
ing facilities or construction of new processing facilities.
c. New pipeline corridors should be consolidated with
existing pipeline or electrical transmission corridors where
feasible, unless there are overriding technical constraints
or significant social, aesthetic, environmental or economic
reasons not to do so.
d. When feasible, pipelines shall be routed to avoid
important resource areas, such as recreation, sensitive
habitat, geological hazard and archaeological arras. Un-
avoidable routing through such areas shall be done in a
manner that minimizes the impacts of potential spills by
considering spill volumes, durations and projected paths.
New pipeline segments shall be equipped with automatic
shutoff valves, or suitable alternatives approved by the
director of community development, so that each segment
will be isolated in the'event of a break.
e. Upon completion of pipeline construction, the site
shall be restored to the approximate previous grade and
condition. All sites previously covered with native vegeta-
tion shall be reseeded with the same or recovered with
the previously removed vegetative materials, ,. shall
include other measures as deemed necessary to prevent
erosion until the vegetation can become established, and
to promote visual and environmental quality.
6. Cuts or fills associated with access roads and drill
sites should be kept to a minimum to avoid erosion and
visual impacts. They should be located in inconspicuous
areas, and generally not exceed ten (10) vertical feet. Cuts
or fills should be restored to their original grade once the
use has been discontinued.
7. Gas from wells should be piped to centralized
collection and processing facilities, rather than being flared,
to preserve energy resources and air quality, and to reduce
fire hazards and light sources. Oil should also be piped
to centralized collection and processing facilities. in order
to minimize land use conflicts and environmental degrada-
tion, and to promote visual quality.
8. Wells should be located a minimum of eight hundred
(800) feet from occupied sensitive uses. Private access roads
to drill sites should be located a minimum of three hundred
(300) feet from occupied sensitive uses, unless this
requirement is waived by the occupant.
17.28.060
9. Oversized vehicles should be preceded by lead
vehicles, where necessary for traffic safety.
10. Lighting should be kept to a minimum to approxi-
mate normal nighttime light levels.
11. In the design of new or modified oil and gas produc-
tion facilities, best accepted practices in drilling and produc-
tion methods should be utilized, if capable of reducing
factors of nuisance and annoyance.
F. Oil Development Standards. The following are
minimum standards and mquicements which shall be applied
pursuant to subsection B of this section. More restrictive
requirements may be imposed on a project through the
conditions of the permit. Measurements are taken from
the outside perimeter of the noise receptors noted below:
1. Setbacks. No well shall be drilled and no equipment
or facilities shall be located within:
a. One hundred (100) feet of any dedicated public
street, highway or nearest rail of a railway being used as
such, unless the new well is located on an existing drill
site and the new well would not present a safety or right -of -
way problem. If aesthetics is a problem, then the permit
must be conditioned to mitigate the problem;
b. Five hundred (500) feet of any building or dwelling
not necessary to the operation of the well, unless a waiver
is signed pursuant to subsection (F)(25) of this section,
allowing the setback to be reduced. In no case shall the
well be located less than one hundred (100) feet from said
structures;
c. Five hundred (500) feet of any institution, school
or other building used as a place of public assemblage,
unless a waiver is signed pursuant to subsection (F)(25)
of this section, allowing the setback to be reduced. In no
case shall any well be located less than three hundred (300)
feet from said structures;
d. Three hundred (300) feet from the edge of the
existing banks of "red line" channels as established by the
Ventura County flood control district (VCFCD), one hun-
dred (100) feet from the existing banks of all other channels
appearing on the most current United States Geological
Survey (USGS) two thousand (2,000) feet scale topographic
map as a blue line. These setbacks shall prevail unless the
permittee can demonstrate to the satisfaction of the public
works agency that the subject use can be safely located
nearer the stream or channel in question without posing
an undue risk of water pollution, and impairment of flood
control interests. In no case shall setbacks from streams
or channels be less than fifty (50) feet. All drill sites located
within the one hundred year floodplain shall be protected
from flooding in accordance with flood control district -
requirements;
e. The applicable setbacks for accessory structures
for the zone in which the use is located;
334
f. One hundred (100) feet from any mash, small wash,
intermittent lake, intermittent stream, spring or perennial
stream appearing on the most current USGS two thousand
(2,000) feet scale topographic map, unless a qualified
biologist, approved by the city, determines that there are
no significant biological resources present or that this
standard setback should be adjusted.
2. Obstruction of Drainage Courses. Drill sites and
access roads shall not obstruct natural drainage courses.
Diverting or channeling such drainage courses may be
permitted only with the authorization of the public works
agency.
3. Removal of Equipment. All equipment used for
drilling, redrilling, and maintenance work on approved wells
shall be removed from the site within thirty (30) days of
the completion of such work unless a time extension is
approved by the director of community development.
4. Containment of Contaminants. Oil, produced water,
drilling fluids, cuttings and other contaminants associated
with the drilling, production. storage and transport of oil
shall be contained on the site unless properly transported
off -site, injected into a well, treated or re -used in an ap-
proved manner on -site or if allowed, off -site. Appropriate
permits, permit modifications or approvals must be secured
when necessary, prior to treatment or re -use of oil field
waste materials. The permittee shall furnish the director
of community development with a plan for controlling oil
spillage and preventing saline or other polluting or contami-
nating substances from reaching surface or subsurface
waters. The plan shall be consistent with requirements of
city, state and federal laws.
5. Securities. Prior to the commencement or continu-
ance of drilling or other uses on an existing permit, the
permittee shall file, in a form acceptable to the city attorney
and certified by the city clerk, a bond or other security
in the penal amount of not less than ten thousand dollars
($ 10,000.00) for each well that is drilled or to be drilled.
Any operator may, in lieu of filing such a security for each
well drilled, redrilled, produced or maintained, file a security
in the penal amount of not less than ten thousand dollars
($ 10,000.00) to cover all operations conducted in the city
of Moorpark, a political subdivision of the state of Califor-
nia, conditioned upon the permittee well and truly obeying,
fulfilling and performing each and every term and provision
in the permit. In case of any failure by the permittee to
perform or comply with any term or provision thereof,
the planning commission may, after notice to the permittee
and a public hearing, by resolution, determine the amount
of the penalty and declare all or part of the security forfeited
in accordance with its provisions. The sureties and principal
will be jointly and severally obligated to pay forthwith the
full amount of the forfeiture to the city. The forfeiture of
any security shall not insulate the permittee from liability
in excess of the sum of the security for damages or injury,
or expense or liability suffered by the city from any breach
by permittee of any term or condition of said permit or
of any applicable ordinance or of this security. No security
shall be exonerated until after all the applicable conditions
of the permit have been met.
6. Dust Prevention. The drill site and all roads or
hauling routes located between the public right -of -way and
the subject site shall be improved or otherwise treated as
required by the city and maintained as necessary to prevent
the emanation of dust. Access roads shall be designed and
maintained so as to minimize erosion, prevent the deteriora-
tion of vegetation and crops, and ensure adequate levels
of safety.
7. light Emanation. light emanation shall be cons tilled
so as not to produce excessive levels of glare or abnormal
light levels directed at any neighboring uses. lighting shall
be kept to a minimum to maintain the normal nighttime
light levels in the area, but not inhibit adequate and safe
working light levels. The location of all flood lights and
an outline of the illuminated area shall be shown on the
landscape plan, if required, or on the requisite plot plan.
8. Reporting of Accidents. The permittee shall immedi-
ately notify the director of community development and
fire department and all other applicable agencies in the
event of fires, spills or hazardous conditions not incidental
to the normal operations at the permit site. Upon request
of any city agency, the permittee shall provide a written
report of any incident within seven (7) calendar days which
shall include, but not be limited to, a description of the
facts of the incident. the corrective measures used and the
steps taken to prevent recurrence of the incident. Note:
The provisions in Proposition 65 apply.
9. Painting. All permanent facilities, structures, and
aboveground pipelines on the site shall be colored so as
to mask the facilities from the surrounding environment
and uses m the area. Said colors shall also take into account
such additional factors as heat buildup and designation of
danger areas. Said colors shall be approved by the director
of community development prior to painting of facilities.
17.28.060
10. Site Maintenance. The permit area shall be main-
tained in a neat and orderly manner so as not to create
any hazardous or unsightly conditions such as debris; pools
of oil, water, or other liquids; weeds; brush; and trash.
Equipment and materials may be stored on the site which
are appurtenant to the operation and maintenance of the
oil well located thereon. If the well has been suspended,
idled or shut -in for thirty (30) days, as determined by the
Division of Oil and Gas, all such equipment and materials
shall be removed within ninety (90) days.
11. Site Restoration. Within ninety (90) days of revoca-
tion, expiration or surrender of any permit, or abandonment
of the use, the permittee shall restore and revegetate the
premises to as nearly its original condition as is practicable,
unless otherwise requested by the landowner.
12. Insurance. The permittee shall maintain, for the
life of the permit, liability insurance of not less than five
hundred thousand dollars ($500,000.00) for one (1) person
and one million dollars ($ 1,000,000.00) for all persons and
two million dollars ($2,000,000.00) for property damage.
This reguacment does not preclude the permittee from being
self - insured.
13. Noise Standard.
a. Unless herein exempted, drilling, production and
maintenance operations associated with an approved oil
permit shall not produce noise, measured at a point outside
of occupied sensitive uses such as re6deaees, schools, health
care facilities, or places of public assembly, that exceeds
the following standard or any other mono restrictive standard
that may be established as a condition of a specific permit.
Noise from the subject property shall be considered in
excess of the standard when the average sound level,
measured over one (1) hour, is greater than the standard
that follows. The determination of whether a violation has
occurred shall be made in accordance with the provisions
of the permit in question.
b. Nomenclature and noise level description definitions
are in accordance with the city general plan goals, policies
and programs and the city general plan hazards appendix.
Measurement procedures shall be in accordance with the
city general plan hazards appendix.
c. The maximum allowable average sound level is
as follows:
Average Noise Levels (LEQ)
Time Period Drilling and Maintenance Phase Producing Phase
Day (7:00 a.m. to 7:00 p.m.) 55 dB(A) 45 dB(A)
Evening (7:00 p.m. to 10:00 p.m.) 50 dB(A) 40 dB(A)
Night (10:00 p.m. to 7:00 am.) 45 dB(A) 40 dB(A)
335
17.28.060
For purposes of this section, a well is in the "producing
phase" when hydrocarbons are being extracted or when
the well is idled and not undergoing maintenance. It is
presumed that a well is in the "drilling and maintenance
phase' when not in the "producing phase."
14. Exceptions to Noise Standard. The noise standard
established pursuant to subsection (F)(13) of this section
shall not be exceeded unless covered under any of the
following provisions:
a. Where the ambient noise levels (excluding the
subject facility) exceed the applicable noise standards. In
such cases, the maximum allowable noise levels shall not
exceed the ambient noise levels plus three (3) dB(A).
b. Where the owners/occupants of sensitive uses have
signed a waiver pursuant to subsection (F)(25) of this
section indicating that they are aware that drilling and
production operations could exceed the allowable noise
standard and that they are willing to experience such noise
levels. The applicable noise Levels shall apply at all locations
where the owners/occupants did not sign such a waiver.
15. Compliance with Noise Standard When a permittee
has been notified by the planning division that his operation
is in violation of the applicable noise standard, the permittee
shall correct the problem as soon as possible in coordination
with the department of community development. In the
interim, operations may continue; however, the operator
shall attempt to minimize the total noise generated at the
site by limiting, whenever possible, such activities as the
following:
a Hammering on pipe;
b. Racking or making -up of pipe;
c. Acceleration and deceleration of engines or motors;
d. Drilling assembly rotational speeds that cause more
noise than necessary and could reasonably be reduced by
use of a slower rotational speed;
e. Picking up or laying down drill pipe, casing, tubing
or rods into or out of the drill hole.
If the noise problem has not been corrected by seven
(7:00) p.m. of the following day, the offending operations,
except for those deemed necessary for safety reasons by
the director of community development upon the advice
of the Division of Oil and Gas, shall be suspended until
the problem is corrected
16. Preventive Noise Insulation. If drilling, redrilling
or maintenance operations, such as pulling pipe or pumps,
are located within one thousand six hundred (1,600) feet
of an occupied sensitive use, the work platform, engine
base and draw works, crown block, power sources, pipe
rack and other probable noise sources associated with a
drilling or maintenance operation shall all be enclosed with
soundproofing sufficient to ensure that expected noise levels
do not exceed the noise limits applicable to the permit.
336
Such soundproofing shall be installed prior to the com-
mencement of drilling or maintenance activities, and shall
include any or all of the following: acoustical blanket
coverings, soundwalls, or other soundproofing materials
or methods which ensure that operations meet the applicable
noise standard.
17. Waiver of Preventive Noise Insulation. The applicant
may have a noise study prepared by a qualified acoustical
consultant, approved by the city. If the findings of the study
conclude that the proposed project will meet the city noise
standards contained in subsection (F)(13) of this section
and do not constitute a nuisance, then the soundproofing
requirement may be waived If the findings show that a
noise level will be generated above and beyond the city
standards, then soundproofing must be installed sufficient
to meet the applicable noise standard. Where a waiver
pursuant to subsection (F)(25) of this section is signed,
no preventive noise insulation will be required.
18. Soundproofing Material. All acoustical blankets
or panels used for required soundproofing shall be of
fireproof materials and shall comply with California Indus-
trial Safety Standards and shall be approved by the Ventura
County fire protection district prior to installation.
19. Hours of Well Maintenance. All nonemergency
maintenance of a well, such as the pulling of pipe and
replacement of pumps, shall be limited to the hours of seven
(7:00) am. to seven (7:00) p.m. of the same day if the
well site is located within three thousand (3,000) feet of
an occupied residence. This requirement may be waived
by the director of community development if the permittee
can demonstrate that the applicable noise standard can be
met or that all applicable parties within the prescribed
distance have signed a waiver pursuant to subsection (F)(25)
of this section.
20. Limited Drilling Hours. All drilling activities shall
be limited to the hours of seven (7:00) am. through seven
(7:00) p.m. of the same day when they occur less than eight
hundred (800) feet from an occupied sensitive use. Night-
time drilling shall be permitted if it can be demonstrated
to the satisfaction of the director of community development
that the applicable noise standard can be met or that all
applicable parties within the prescribed distance have signed
a waiver pursuant to subsection (F)(25) of this section.
21. Signs. In addition to the signage otherwise allowed
by Chapter 17.40, only signs required for directions, instruc-
tions and warnings, identification of wells and facilities,
or signs required by other city ordinances or state and
federal laws may be placed in areas subject to an oil and
gas conditional use permit. Identification signs shall be
a maximum four (4) square feet in size and shall contain,
at minimum, the following information:
a Division of Oil and Gas well name and number;
b. Name of owner /operator,
c. Name of lease and name and/or number of the well;
d. Name and telephone number of person(s) on twenty -
four (24) hour emergency call.
The well identification sign(s) shall be maintained at
the well site from the time drilling operations commence
until the well is abandoned.
22. Fencing. All active well sites (except submersible
pumps), sumps and/or drainage basins or any machinery
in use or intended to be used at the well site or other
associated facilities shall be securely fenced, if required,
based on the director of community development's deter-
mination that fencing is necessary due to the proximity
of nearby businesses, residences, or other occupied sensitive
uses. A single, adequate fence which is compatible with
surrounding area, may be used to enclose more than one
(1) oil well or well site and appurtenances. Location of
fences shall be shown on a submitted plot plan and/or
landscape plan, if required. Fences must meet all Division
of Oil and Gas regulations.
23. General Standads. Projects shall be located, designed
and operated so as to minimize their adverse impact on
the physical and social environment. To this end, dust,
noise, vibration, noxious odors, intrusive light, aesthetic
impacts and other factors of nuisance and annoyance shall
be reduced to a minimum or eliminated through the best
accepted practices incident to the exploration and production
of oil and gas.
24. Screening and Landscaping. All oil and gas produc-
tion areas shall be landscaped so as to screen production
equipment in a manner consistent with the natural character
of the area, if required, based on the director of community
development's determination that landscaping is necessary.
Required landscaping shall be implemented in accordance
with a landscape and irrigation plan to be approved by
the director of community development or his/her designee
after consultation with the property owner. The landscape
plan shall be consistent with the city guide to landscape
plans and shall include measures for adequate screening
of producing wells and permanent equipment from view
of public roads or residential uses, revegetation of all cut
and fill banks, and the restoration of disturbed areas of
the site not directly related to oil and gas production. Low
water usage landscaping and use of native plants shall be
encouraged.
25. Waivers. Where provisions exist for the waiver of
an ordinance requirement, the waiver must be signed by
the owner and all adult occupants of a dwelling, or in the
case of other sensitive uses, by the owner of the use in
question. Once a waiver is granted, the permittee is exempt
from affected ordinance requirements for the life of the
waiver. Unless otherwise stated by the signatory, a waiver
337
17.28.060
signed pursuant to subsection (F)(14)(b) of this section
shall also be considered a waiver applicable to subsections
(F)(16), (17), (19) and (20) of this section.
26. Application of Sensitive Use Related Standards.
The imposition of regulations on petroleum operations,
which are based on distances from occupied sensitive uses,
shall only apply to those occupied sensitive uses which
were in existence at the time the permit for the subject
oil operations was approved.
27. Inspection, Enforcement and Compatibility Review.
To ensure that adequate funds are available for the legiti-
mate and anticipated costs incurred for monitoring and
enforcement activities associated with new or modified
oil- and gas - related conditional use permits, the permittee
shall deposit with the city funds, determined on a case -by-
case basis, prior to the issuance of a zoning clearance. The
funds shall also cover the costs for any other necessary
inspections or the resolution of confirmed violations that
may occur. One (1) deposit may be made to cover all of
the permittees various permits. In addition, all new or
modified conditional use permits for oil- and gas - related
uses shall, at the discretion of the director of community
development, be conditioned to require a compatibility
review on a periodic basis. The purpose of the review is
to determine whether the permit, as conditioned, has
remained consistent with its findings for approval and if
there are grounds for proceeding with public hearings
concerning modification, suspension or revocation of the
permit. (Ord. 189 § 3 (8107 -5), 1994)
1728.070 Produce stands.
A. One (1) produce stand per lot is allowed
B. A produce stand shall be permitted only if accessory
to permitted crop production on the same lot, and only
if at least twenty-five percent (25%) of the area of the lot
is devoted to crop production.
C. A produce stand may sell raw unprocessed fruits,
vegetables, nuts, seeds and cut flowers grown on the same
lot and on other lots in the city.
D. A produce stand may sell only those ornamental
plants that are grown on the same lot as such stand is
located.
E. No commodities other than those listed above may
be sold from a produce stand.
F. The floor area of such stand shall not exceed four
hundred (400) square feet each.
G. Such stand shall not be located or maintained within
thirty (30) feet of any public road, street or highway. This
setback area shall be kept free to provide for off - street
parking.
H. The construction thereof shall be of a temporary
nature and shall not include a permanent foundation.
17.28.070
I. A produce stand may have one (1) freestanding
sign and one (1) attached sign, in addition to the attached
or freestanding sign otherwise allowed on the property,
provided that the respective area limits for attached and
freestanding signs, pursuant to Chapter 17.40, are not
exceeded in the aggregate. A sign for a produce stand may
have a commercial message. (Ord. 189 § 3 (8107-6),1994)
1728.080 Recreational vehicle pants.
Each application for the development of a recreational
vehicle pant, as defined in Title 25 of the California Admin-
istrative Code under "recreational trailer park," shall be
subject to the following regulations.
A. Development Standards.
1. Minimum lot area for a recreational vehicle park
shall be three (3) acres.
2. Minimum percentage of the net area of each recre-
ational vehicle park which shall be left in its natural state
or be landscaped shall be sixty percent (60%).
3. The maximum size of a recreational vehicle occupy-
ing a space in the park shall be two hundred twenty (220)
square feet of living area Irving area does not include
built -in equipment such as wardrobes, closets, cabinets,
kitchen units or fixtures, or bath and toilet rooms.
4. Building height and setbacks shall be as prescribed
in the applicable zone, except where Title 25 of the Califac
nia Administrative Code is more restrictive.
5. No recreational vehicle or accessory building shall
be located less than six (6) feet from any other recreational
vehicle or accessory building on an adjacent space.
6. The distance from any picnic table to a toilet should
be not less than one hundred (100) feet nor more than three
hundred (300) feet.
7. All setbacks from streets and other areas in a recre-
ational vehicle park not used for driveways, parking,
buildings or service areas shall be landscaped
8. Trash collection arras shall be adequately dist<ibuted
and enclosed by a six (6) foot high landscape screen, solid
wall or fence, which is accessible on one (1) side.
9. The minimum size of each recreational campsite
shall be one thousand (1,000) square feet, and the minimum
width shall be twenty -five (25) feet.
10. Any of the foregoing standards may be modified
subject to the provisions of Title 25, if evidence presented
to the decision - making authority establishes that such
modification is necessary to ensure compatibility with the
established environmental setting.
11. The maximum number of trailer spaces per net acre
of land shall be eighteen (18), unless a lower maximum
is specified in the conditional use permit for the park.
B. Site Design Criteria.
338
1. Each space should have a level, landscaped front
yard area with picnic table and a grill or campfire ring.
2. The office should be located new the entrance, which
should also be the exit.
3. The site should be designed to accommodate both
tent and vehicle campers (travel trailers, truck campers,
camping trailers, motor homes) and shall be designed so
as to minimize conflicts between vehicles and people.
4. Drive- through spaces should be provided for towed
trailers.
5. Walls or landscaped earthen berms should be used
to minimize noise from highway sources.
6. Utility conduits shall be installed underground in
conformance with applicable state and local regulations.
7. Intensity of development in Los Padres National
Forest shall not exceed permissible standards of the United
States Forest Service Manual, April, 1970, Title 2300 —
Recreation Management, experience level throe (3), as may
be amended from time to time, unless evidence presented
to the decision - making authority demonstrates a necessity
and desirability to deviate from such standards, or unless
otherwise specified in this title.
8. Roadways and vehicle pads shall not be permitted
in areas of natural slope inclinations greater than fifteen
percent (15%) or where grading would result in slope
heights greater than ten (10) feet and steeper than 2:1.
9. Where needed to enhance aesthetics or to ensure
public safety, a fence, wall, landscape screen, earth mound
or other screening approved by the director of community
development shall enclose the park.
10. Each site plan should also incorporate a recreational
or utility building, laundry facilities and an entrance sign,
made from natural materials, which blends with the land-
scape.
11. Each park shall be provided with sewer connections
or dump stations, or a combination thereof, to serve the
recreational vehicles. .
C. Additional Provisions.
1. Each park may include a commercial establishment
on -site, not exceeding five hundred (500) square feet of
floor area, for the sole use of park residents.
2. Each park is permitted one (1) on -site mobilehome
to be used solely for the management and operation of
the pant, pursuant to Title 25 of the California Administra-
tive Code.
3. No permanent building or cabana shall be installed
or constructed on any trailer space; however, portable
accessory structures and futures are permitted.
4. No travel trailers, trailer coaches, motorhomes,
campers or tents shall be offered for sale, lease or rent
within a recreational vehicle park.
5. Off -road motor vehicle uses which might cause
damage to vegetation or soil stability shall not be permitted
6. The maximum time of occupancy for any family
or recreational vehicle within any recreational vehicle park
shall be ninety (90) days within any one hundred twenty
(120) day period. (Ord. 189 § 3 (8107 -7), 1994)
17.28.090 Restaurants, bars and taverns.
A maximum of two (2) pool or billiard tables may be
accessory to this use. (Ord. 189 13 (8107 -8), 1994)
17.28.100 Mining and reclamation.
A. Purpose. The purpose of this section is to establish
reasonable and uniform limitations, safeguards and controls
for mining and accessory uses which will allow for the
reasonable use of an important city resource. These regula-
tions shall also em m that mining activities will be
conduct-
ed in harmony with the environment and other uses of land
within the city and that mineral sites will be appropriately
reclaimed.
B. Application. Unless otherwise indicated herein, the
purpose, intent and provisions of Section 17.28. 100 et seq.
shall be and are automatically imposed and made a part
of any permit for mining development issued by the city
on or after April 11, 1985. Furthermore, said provisions
shall apply to any mining development operation initiated
on or after April 11, 1985, upon federally owned lands
for which it has been determined that no land use permit
is required by the city.
C. Definitions. Unless otherwise defined herein, or
unless the text clearly indicates otherwise, the definition
of mining shall be that defined in this title.
D. Required Permits. No mining - related use may
commence without the appropriate conditional use permit
required pursuant to this title. Furthermore, a zoning
clearance must be obtained by the permittee prior to com-
mencing activities authorized by the conditional use permit,
as it may be modified. The issuance of a conditional use
permit shall not relieve the operator of the responsibility
of securing and complying with any other permit which
may be required by otber city ordinances, or state or federal
laws. No condition of a conditional use permit for uses
allowed by this title shall be interpreted as permitting or
requiring any violation of law, or any lawful rules or
regulations or orders of an authorized governmental agency.
In instances where more than one (1) set of rules apply,
the stricter one shall take precedence.
E. Mining and Reclamation Guidelines. The general
guidelines that follow shall be used in the development
of conditions which will help ensure that mining projects
generate minimal negative impacts on the environment.
The guidelines shall be applied whenever physically and
339
17.28.080
economically feasible or practicable, unless the strict
application of a particular guideline(s) would otherwise
defeat the intent of other guidelines. An applicant should
use the guidelines in the design of the project and anticipate
their use as permit conditions, unless the applicant can
demonstrate that they are not physically or economically
feasible or practicable.
1. All mining and reclamation shall be consistent with
the city general plan, the county water quality management
plan (208 plan) and the State Surface Mining and Reclama-
tion Act of 1975 (SMARA), as amended, and state policy
adopted pursuant to SMARA.
2. Mining and accessory uses of less than nine (9)
months in duration are not renewable nor are such uses
allowed to continue operating for any reason beyond nine
(9) months after issuance of the permit.
3. No provisions in this title or in the city general plan
shall be construed to encourage any mining operation or
facility which would endanger the public's health, safety
-or welfare, which would endanger private or public facilities
or which would prohibit the alleviation of a hazard by
hampering or precluding such activities as the maintenance,
restoration or construction of public works facilities.
4. In general, projects shall be located, designed and
operated so as to minimize their adverse impact on the
physical and social environment, including natural resources.
To this end, dust, noise, vibration, noxious odors, intrusive
light. aesthetic impacts, traffic impacts and other factors
of nuisance and annoyance, erosion and flooding shall be
reduced to a minimum or eliminated through the best
accepted mining and reclamation practices, applicable to
local conditions, which are consistent with contemporary
principles and knowledge of resource management, flood
control engineering and floodplain management.
5. The extraction of aggregate shall strike a reasonable
balance with other resource priorities such as water, farm-
land, fish and wildlife and their habitat, sediment for
replenishment and the protection of public and private
structures and facilities.
6. The extraction of aggregate resources in rivers and
streams shall allow for the ongoing maintenance of viable
riparian ecology by preserving as many natural stream
elements as practical. Mining operations may provide for
the enhancement of some riparian ecosystems as a mitiga-
tion to compensate for significant adverse environmental
effects on other riparian ecosystems, thereby preserving
the overall quality of the riparian environment.
7. Appropriate and reasonable monitoring and enforce-
ment measures shall be imposed on each mining operation
which will ensure that all permit conditions, guidelines
and standards of Section 17.28. 100 et seq. are fulfilled.
17.28.100
8. Reclamation of a site shall include the removal of
equipment and facilities and the restoration of the site so
that it is suitable for subsequent uses which are consistent
with the plans for the area as well as the existing and
proposed uses in the general area. Reclamation shall be
conducted in phases on an ongoing basis, where feasible.
F. Mining and Reclamation Standards. The following
are minimum standards and requirements which shall be-
applied pursuant to subsection B of this section.
1. General Muting Standards. Projects shall be located,
designed, operated and notice of their activities provided
so as to minimize their adverse impact on the physical and
social environment and natural resources. To this end, dust,
noise, vibration, noxious odors, intrusive light, aesthetics,
traffic impacts and other factors of nuisance and annoyance,
erosion and flooding shall be reduced to a minimum or
eliminated through the best accepted practices which are
applicable to local conditions and incident to the exploration
for and extraction of aggregate resources. In addition,
mitigation measures should be consistent with contemporary
principles and knowledge of resource management, flood
control engineering and floodplain management. Further,
posting of signs and notification to neighboring property
owners of the project's activities shall be required where
necessary.
2. Setbacks. No processing equipment or facilities shall
be permanently located and no mining shall occur within
the horizontal setbacks specified below:
a One hundred (100) feet of any dedicated public
strut or highway unless the public works agency determines
a lesser distance would be acceptable;
b. One hundred (100) feet of any dwelling not accesso-
ry to the project, unless a waiver is signed pursuant to
subsection (F)(13) of this section allowing the setback to
be reduced. In no case shall permanent processing facilities,
equipment or mining be located less than fifty (50) feet
from said structures.
c. Two hundred (200) feet of any institution, school
or other building used as a place of public assemblage,
unless a waiver is signed pursuant to subsection (F)(13)
of this section allowing the setback to be reduced In no
case shall permanent processing facilities or equipment
or mining be located less than one hundred (100) feet from
said structures. Other facilities and structures shall be set
back distances which are applicable for accessory structures
for the zone in which the use is located.
3. Obstruction of Drainage Courses. Mining operations,
access roads, facilities, stockpiling of mineral resources
and related mining activities shall be consistent with current
engineering and public works standards and in no case
shall obstruct, divert, or otherwise affect the flow of natural
340
drainage and flood waters so as to cause significant adverse
impacts, except as authorized by the public works agency.
4. Control of Contaminants, Runoff and Siltation.
Contaminants, water runoff and siltation shall be controlled
and generally contained on the project site so as to minimize
adverse off -site impacts.
5. Dust Prevention. The project site and all roads or
hauling routes located between the public right -of -way and
the subject site shall be improved or otherwise treated as
required by the city and maintained as necessary to prevent
the emanation of dust.
6. light Emanation. light emanation shall be cons oUed
so as not to produce excessive levels of glare or abnormal
light levels directed at any neighboring uses.
7. Painting. All permanent facilities and structures
on the site shall be colored so as to mask facilities visible
from surrounding uses and roadways in the area Said colors
shall also take into account such additional factors as beat
buildup and designation of danger areas. Said colors shall
be approved by the director of community development
prior to painting of facilities.
8. Site Maintenance. The permit area shall be main-
tained in a neat and orderly manner so as not to create
unsightly conditions visible from outside the permitted area
or any hazardous conditions. Equipment and materials may
be stored on the site which are appurtenant to the operation
and maintenance of mining operations.
4. Reclamation Plan. No mining permit shall be ap-
proved without an approved reclamation plan which is:
(1) consistent with the provisions of the state Mining and
Reclamation Act of 1975 as amended; (2) consistent with
public works agency standards; (3) consistent with any
and all locally adopted resource management goals and
policies; and (4) compatible with the existing geological
and topographical features of the area. Additional consider-
ations, such as the following, shall also be addressed:
a. The creation of safe, stable slopes and the prevention
of subsidence;
b. Control of water runoff and erosion;
c. Views of the site from surrounding areas;
d. Availability of backfill material;
e . Proposed subsequent use of the land which will
be consistent with the general plan and existing and pro-
posed uses in the general area;
f. Removal or reuse of all structures and equipment;
g. The time frame for completing the reclamation;
h. The costs of reclamation if the city will need to
contract to have it performed;
i. Revegetation of the site;
j. Phased reclamation of the project area;
k. Provisions of appropriate securities to erasure
couipie-
tion of approved reclamation plans.
10. Removal of Equipment AD equipment on the project
site shall be removed from the site within one hundred
eighty (180) days of the termination of the use, unless a
time extension is approved by the director of community
development
11. Application of Sensitive Use Related Standards.
The imposition of regulations on mining operations, which
are based on distances from occupied sensitive uses, shall
only apply to those occupied sensitive uses which were
in existence at the time the permit for the subject mining
operations was approved The provisions of this section
shall continue for the life of the permitted mining operations
at the subject site.
12. Exceptions to Standards. Upon the written request
of the permittee, the director of community development
may grant temporary exceptions to the noise standards,
hours of operation and the conditions of a given permit
provided it is deemed necessary because of a declared public
emergency or the off -hours scheduling of a public works
project where a formal contract to conduct the work in
question has been issued.
13. Waivers of Standards. Where provisions exist for
the waiver of ordinance requirements, the waiver must be
signed by the owner and all adult occupants of a dwelling,
or in the case of other sensitive uses, by the owner of the
use in question. Once a waiver is granted, the permittee
is exempt from affected ordinance requirements relative
to the sensitive use in question for the life of the permitted
operations.
14. Reporting of Accidents. The perminee shall im medi-
ately notify the director of community development of any
incidents such as fires, explosions, spills, land or slope
failures or other conditions at the permit site which could
pose a hazard to life or property outside the permit area.
Upon request of any city agency, the permittee shall provide
a written report of any incident within seven (7) calendar
days which shall include, but not be limited to, a description
of the facts of the incident, the corrective measures used
and the steps taken to prevent recurrence of the incident
15. Contact Person. The permittee shall provide the
director of community development with the cuarent name(s)
and/or position title, address and phone number of the
person who shall receive all orders, notices and communica-
tions regarding matters of condition and code compliance.
The person(s) in question shall be available by phone during
the hours that activities occur on the permit site, even if
this means twenty-four (24) hours a day.
16. Current Mining Plans. For mining projects located
in sensitive areas which operate under regularly changing
environmental conditions (e.g., in -river mining), a mining
plan shall be prepared by the permittee on a regular basis
in accordance with the applicable conditions of a project's
permit Said plan shall describe how mining over the next
341
17.28.100
interval will be conducted in accordance with the intent
and provisions of the project's use permit The plan shall
be reviewed and approved by the city at the permittee's
expense. The review and approval of current mining plans
shall not be used in lieu of the formal modification process
to change the text and drawings of the permit conditions.
17. Permit Review. Monitoring of the permit or aspects
of it may be required as often as necessary to ensure
compliance with the permit conditions. In any case, the
permit and site shall be reviewed and inspected by the
planning division at least once every ten (10) years. The
purpose of said review is to ascertain whether the permittee
is in compliance with all conditions of the permit, and
whether there have been significant changes in envt onmen-
tal conditions, land use or mining technology, or if there
is other good cause which would warrant the director of
community development's filing of an application for
modification of the conditions of the permit If such an
application is filed, it shall be at the city's expense and
modification of conditions would not occur without a duly
noticed public hearing.
18. Enforcement Costs. Permit conditions shall be
imposed which will enable the city to recover the reasonable
and appropriate costs necessary for the reviewing and
monitoring of permit operations and the enforcing of the
applicable requirements of the zoning ordinance and the
conditions of this permit
19. Civil Penalties.
a. In case of any failure by the permittee to perform
or comply with any term or provision of this conditional
use permit, the final decision - making authority that would
act on the permit may, after notice to the permittee and
a public bearing, determine by resolution the amount of
the civil penalty to be levied against the permittee. Said
penalty shall be paid within thirty (30) days unless the
penalty is under appeal. Failure to pay the penalty within
the allotted time period shall be considered grounds for
suspension of the subject use, pursuant to Section
17.44.080B.
b. The maximum penalty that can be levied against
a permittee at any given time shall be in accordance with
the amounts set forth below. The amounts for a given permit
may be increased to adjust for inflation pursuant to the
conditions of the subject permit
Total Permitted Extraction Applicable Civil
(Life of the Project) Penalty Ceiling
Less than 10,000 cu. yards $5,000.00
10,000 to 99,999 cu. yards 10,000.00
100,000 to 999,999 cu. yards 15,000.00
1,000,000+ cu. yards 25,000.00
17.28.100
20. Performance Securities. Performance boods or other
securities may be imposed on any permit to ensure compli-
ance with certain specific tasks or aspects of the permit.
The amount of the security shall be based upon the actual
anticipated costs for completing the subject task if the city
were forced to complete it rather than the permittee. The
performance security may be posted in phases as tasks are
undertaken or required to be completed
21. Insurance. The permittee shall maintain, for the
life of the permit, liability insurance of not less than five
hundred thousand dollars ($500,000.00) for one (1) person
and one million dollars ($1,000,000.00) for all persons,
and two million dollars ($2,000,000.00) for property dam-
age. This requirement does not preclude the permittee from
being self- insured. (Ord. 189 § 3 (8107 -9). 1994)
17.28.110 Veterinary clinics.
Veterinary clinics must be housed in a completely
enclosed, smxiF of building, except as provided in Section
17.28.180. (Ord. 189 6 3 (8107 -10), 1994)
17.28.120 Motion picture and TV production,
temporary.
Such outdoor filming shall not result in high or unreason-
able levels of light, glare or noise being directed toward
neighboring properties, and shall not cause disturbances
in normal traffic flows, nor cause damage to flora or fauna.
The applicant shall obtain the appropriate permits and
approvals from the city and other city departments, and
shall restore the property to its original condition when
such filming is completed. The time limits stated in Chapter
17.20 for temporary filming apply to individual lots. (Ord.
189 § 3 (8107 -11), 1994)
17.28.130 Outdoor sales and services,
temporary.
Such uses are permitted for one (1) calendar day in any
ninety (90) day period, provided that they do not disrupt
normal traffic flows and do not result in the blocking of
public rights-of - -way, parking lot aisles or required parking
spaces. All related facilities and materials shall be removed
on the departure of the use. (Ord. 189 § 3 (8107- 12),1994)
17.28.140 Christmas tree sales.
The outdoor sale of trees and wreaths for festive or
ornamental purposes is permitted during the forty -five (45)
day period immediately preceding December 25th. Such
sales activities shall not disrupt normal traffic flows, nor
result in the blocking of public rights-of -way, parking lot
aisles or required parking spaces. All related structures,
facilities and materials shall be removed by December 31st
of the same year. Christmas tree sales are allowed one (1)
342
temporary, unlighted identification sign not exceeding
twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13),
1994)
17.28.150 Temporary buildings daring
construction.
A mobilehome, recreational vehicle or commercial coach
may be used as a temporary dwelling unit or office on a
construction site in accordance with Section 17.20.060,
provided that a building permit for such construction is
in full force and effect on the same site. The unit shall
be connected to a water supply and sewage disposal system
approved by the Ventura County environmental health
division, and shall be removed from the site within forty -
five (45) days after a clearance for occupancy is issued
by the city department of building and safety. (Ord 189
§ 3 (8107 -14), 1994)
17.28.160 Storage of building materials,
temporary.
The temporary storage of construction materials is
permitted on a lot adjacent to one on which a valid zoning
clearance and building permit allowing such construction
is in force, or on a project site within a recorded subdivi-
sion. Such storage is permitted during construction and
for forty-five (45) days thereafter. (Ord. 189 § 3 (8107 -15),
1994)
17.28.170 Campgrounds.
Campgrounds shall be developed in accordance with
the following standards:
A. Minimum lot area shall be three (3) acres.
B. At least seventy-five percent (75%) of the total site
shall be left in its natural state or be landscaped. The
remaining twenty-five percent (25%) of land is eligible
for development.
C. Each individual camp site shall be no less than one
thousand (1, 000) sq. ft. and there shall be no more than
nine (9) sites per developable acre. Group camp sites shall
be designed to accommodate no more than twenty-five
(25) people per acre.
D. Where needed to enhance aesthetics or to ensure
public safety, a fence, wall, latudccaping screen, earth nu and
or other screening approved by the director of community
development shall enclose the campground.
E. Utility conduits shall be installed underground in
conformance with applicable state and local regulations.
F. The design of structures and facilities, and the site
as a whole shall be in harmony with the natural surround-
ings to the maximum feasible extent.
a
G. Trash collection areas shall be adequately distributed
and enclosed by a six (6) foot high landscape screen, solid
wall or fence, which is accessible on one (1) side.
H. Off -road motor vehicle uses are not permitted.
I. The following standards apply to structures on the
site, apart from the personal residence(s) of the property
owner, campground director /manager or caretaker.
I. Structures are limited to restrooms/showers and
a clubhouse for cooking and/or minor recreational purposes.
2. There shall not be more than one set of enclosed,
kitchen - related fixtures.
3. Thee shall be no buildings that are used or intended
to be used for sleeping.
J. Campgrounds may include minor accessory recre-
ational it such as swimming pools (limit one(1)) and
tennis courts.
K Outdoor tent - camping is permitted.
L. No hook -ups for recreational vehicles are allowed.
M. Occupation of the site by a guest shall not exceed
thirty (30) consecutive days.
N. Parking Standards. See Section 1732.010FF. (Ord
189 13 (8107 -16), 1994)
17.28.180 Camps.
Camps shall be developed in accordance with the follow-
ing standards:
A. Minimum lot area shall be ten (10) aces.
B. Overnight population of guests and staff shall be
limited by the following calculations:
1. Camps on property zoned rural ag iculual (R -A) —
lot size in acres x 2.56 = the maximum number of persons
to be accommodated overnight;
2. Camps on property zoned rural exclusive (R -E}-
lot size in acres x 10.24 = the maximum number of persons
to be accommodated overnight.
C. Total daily on -site population of guests and staff
shall be limited by the following calculations:
1. Camps zoned rural agricultural (R -A) — 5.12 x
lot size in gross acres = total population allowed on site.
2. Camps zoned rural exchWve (R -E) — 20.48 x lot
size in gross acres = total population allowed on site.
3. A larger total daily population may be allowed for
special events, the frequency to be determined by the
camp's use permit.
D. Building intensity shall be limited by the following
standards:
1- Overnight Accommodations. Structures or portions
of structures intended for sleeping and restrooms/showers
(excepting those for permanent staff as defined in subsection
(Dx3) of this section shall be limited to a collective average
of two hundred (200) square feet per overnight guest and
343
17.28.170
staff allowed per subsection B of this section (overnight
population).
2. All Other Roofed Structures or Buildings. The total
allowed square footage of all roofed structures or buildings
other than sleeping and restroom/shower facilities shall
be limited to one hundred (100) square feet per person
allowed per subsection C of this section (daily on -site
population).
3. The residence(s) of a limited number of permanent
staff such as the director, manager or caretaker are exempt
from the limitations of subsection (D)(1) of this section
(overnight accommodations).
4. Since the two (2) building intensity standards
(overnight and total daily) address distinctly different
facilities, they shall not be interchangeable or subject to
borrowing or substitutions.
E. Camp facilities shall have adequate sewage disposal
and domestic water.
F. Camp facility lighting shall be designed so as to
not produce a significant amount of light and/or glare at
the first off -site receptive use.
G. Camp facilities shall be developed in accordance
with applicable city standards so as to not produce a
significant amount of noise.
H. Occupation of the site by a guest shall not exceed
thirty (30) consecutive days.
I. To ensure that the site remains an integral and
cohesive unit, specific methods such as the following should
be employed on a case-by-case basis: open space easements,
CC&R's that restrict further use of the land with the city
as a third party; low density zoning to prevent subdivision
of the site; and/or merger of parcels to create one (1) parcel
covering the entire site.
J. To avoid the loss of the site's natural dwacteristics
several methods should be employed on a case -by -case
basis to preserve these values: sixty percent (60%) of the
total site should remain in its natural state or be landscaped
and only passive recreational uses should be permitted.
K Parking Standards. See Section 1732.010FF. (Ord.
189 § 3 (8107 -17), 1994)
17.28.190 Retreats.
A. The minimum lot size for a retreat is five (5) acres.
B. A retreat shall not have sleeping accommodations
for more than twenty (20) people.
C. Floor area shall be limited to the following:
1. Maximum two hundred (200) square feet for each
overnight guest, for sleeping and restroom facilities;
2. Maximum two thousand (2,000) square feet for
all other buildings (other than structures for animals), such
as kitchen and dining areas, conference rooms, storage,
and the like.
17.28.190
D. No retreat structures shall exceed a height of fifteen
(1S) feet.
E. A retreat may include minor accessory recreational
facilities such as horse facilities, equestrian trails, hot tubs,
one swimming pool and one (1) tennis court.
F. Structures related to a retreat shall be set back at
least one hundred (100) feet from public roads. Foliage
and natural topography shall be used to the maximum
feasible extent for screening of retreat structures from public
rights -0f - -way and from residential uses on adjacent proper-
ties.
G. lighting for nighttime activities shall be directed
away from adjacent properties. (Ord. 189 § 3 (8107 -18),
1994)
17.28.200 Golf courses.
A golf course may include accessory structures as needed
for maintenance and for players on a day of golfing, in-
cluding a maintenance building, a pro shop, restrooms and
limited eating facilities. (Ord. 189 § 3 (8107 -19), 1994)
17.28.210 Buildings for the growing of crops.
Greenhouses, hothouses and the like shall be set back
at least twenty (20) feet from all property lines. (Ord. 189
§ 3 (8107 -20), 1994)
17.28.220 Temporary pet vaccination clinics.
Temporary pet vaccination clinics, as provided for in
Section 17.20.060, are subject to the following regulations:
A. Any such clinic shall operate no more than one
(1) day in any ninety (90) day period within a one (1) mile
radius of a previously conducted temporary clinic.
B. Such clinics shall provide preventive medical care
only, and shall not diagnose or treat injured, sick or diseased
animals, except to the extent necessary to provide immuni-
zation or vaccination.
C. All vaccinations shall be performed inside a trailer
or other portable structure.
D. Such clinics shall provide their services only during
daylight hours.
E. Such clinics shall not disrupt normal traffic flows,
and shall not result in the blocking of public rights-of -way
or parking lot aisles. All related materials and facilities
shall be removed on the departure of the clinic.
F. Facilities for the treatment and disposal of urine
and fecal wastes attributable to the clinic shall be provided
and utilized as necessary to keep the clinic and areas within
a one hundred (100) foot radius thereof clean and free of
flies and odors.
G. Sufficient staff, other than those administering
vaccinations, shall be available at the expense of the clinic
operator to control crowds, assist with the handling of
344
animals and keep the area clean. At least two (2) such staff
shall be provided in all cases. (Ord 189 13 (8107 -21),
1994)
17.28.230 Day care facilities.
A. Care facilities serving six (6) or fewer persons are
subject to all development standards and requirements
applicable to single - family dwellings.
B. Day care facilities for seven (7) to twelve (12)
children, inclusive, including the children who reside at
the home, are subject to the procedural requirements of
Section 1597.46(ax3) of the Health and Safety Code. (Ord.
189 13 (8107 -22), 1994)
17.28,240 Nonmotorized wheeled conveyance
facilities and uses.
A. Purpose. The purpose of this section is to establish
reasonable and uniform limitations, safeguards and controls
for the design, placement and use of facilities and structures
(hereinafter referred to as "facilities") for the nonmotorized
wheeled conveyances such as, but not limited to: skate-
boards, bicycles, unicycles, tricycles and roller skates. Such
regulations are established to minimize the impact on
neighboring uses such as, but not limited to: unsightly
structures, noise, loss of privacy, traffic congestion, trespass-
ing, and risk of damage or injury from flying projectiles
and debris.
B. Application.
1. Facilities less than forty-two (42) inches in height
above adjacent finished grade level, which cover less than
thirty -two (32) square feet of aggregate ground area and
do not have a platform on which to stand, are exempt from
the requirements of subsections C through J of this section.
Such exempt facilities must otherwise meet the provisions
of the zoning ordinance.
2. Those facilities not exempt may be permitted upon
issuance of a zoning clearance provided all standards of
this title are met.
3. Facilities that exceed the standards set forth in
subsections C through G of this section may be authorized
by a conditional use permit approved by the director of
community development.
C. Size. No point on a facility shall extend more than
eight (8) feet above adjacent finished grade level and no
facility or collection of facilities on a given lot shall cover
more than four hundred (400) square feet of aggregate
ground area.
D. Setbacks. All facilities shall be set back the follow-
ing distances from all other structures and property lines:
1. All facilities shall be set back a minimum of six
(6) feet from all other structures.
�P
2. All facilities shall be set back a minimum of twenty
(20) feet from all property lines with an additional five
(5) feet of setback required for each one (1) foot increase
of height over six (6) feet above adjacent finished grade
level.
3. Facilities shall not be located in the area between
the public or private right -of -way and the front of the
residence on the site, unless the facility is not visible from
the public or private right -of -way or neighboring dwellings
and otherwise conforms to the applicable setback require-
ments.
E. Construction Standards. All facilities shall be con-
structed so as to minimize visual and auditory impacts.
1. The sides of all facilities that are above ground shall
be enclosed with a solid material, such as plywood.
2. Spaces between finished grade and the lower,
horizontal surfaces of the facility shall be filled with earth
or other suitable solid material.
3. The backs of all surfaces not affected by subsection
(E)(2) of this section shall be padded with sound- absorbing
material such as carpeting.
4. Facilities may be painted, stained, or left in their
natural finish. Posters, banners, handbills, bumper stickers,
or advertising materials of any kind shall not be affixed
to the facility, if visible from neighboring properties.
F. Number of Persons. The number of persons using
a facility or collection of facilities at a given site shall not
include more than six (6) individuals who are not residents
at the site where the facility is 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) pm., 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 enter-
prise. (Ord. 189 § 3 (8107 -23), 1994)
1728150 Caretaker recreational vehicle,
accessory.
In a park or recreation area owned or operated by the
17.28.240
city, the owner(s) of a recreational vehicle which is licensed
and equipped for highway travel may reside in the recre-
ational 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)
345 (Moorpark 1 -01)
Chapter 17.44
ENTITLEMENT — PROCESS AND
PROCEDURES*
Sections:
17.44.010
Purpose.
17.44.020
Legal lot requirement.
17.44.030
Entitlement.
17.44.040
Filing and processing of
application requests.
17.44.050
Notice and hearing procedures.
17.44.060
Decisions.
17.44.070
Reapplication.
17.44.080
Modification, suspension and
revocation.
17.44.090
Appeals.
17.44.100
Effect of change of zoning
regulations.
Prior ordinance history: Ords. 189, 196, 234, 265 and 271
17.44.010 Purpose.
The purpose of this chapter is to establish procedures
for the processing of land use entitlement, including permits
and variances. (Ord. 271 § 1 (part), 2001)
>' 17.44.020 Legal lot requirement.
No permit shall be issued for construction on a lot, which
is not a legal lot, as defined by this title. (Ord. 271 § 1
(part), 2001)
17.44.030 Entitlement.
A. Discretionary Permits. Entitlement authorized by
this title include the following:
1. Types of Discretionary Permits.
a. Planned Development (PD) Permit. A planned
development permit is a permit based on a discretionary
decision required prior to initiation of specified uses and
structures, which are permitted within the zone district (as
opposed to a conditional use), but which are subject to
site plan review and which may be conditioned in order
to assure compliance with the requirements of this title
and with the purposes of the applicable zone.
Planned development permits may be granted by the
administrative hearing process or by the planning commis-
sion or city council through a public hearing process. This
includes industrial planned development (IPD), residential
planned development (RPD) and commercial planned
development (CPD).
b. Conditional Use Permit (CUP). A conditional use
permit is a permit based on a discretionary decision required
17.44.010
prior to initiation of particular uses not allowed as a matter
of right. Such permits are subject to site plan review and
may be conditioned at the time of approval. The application
for such a use shall be approved, conditionally approved,
or denied through a public hearing process before the
decision - making authority specified in Table 17.20.060.
The procedures for notice of the public hearing, conduct
of the hearing and receipt of testimony shall be as specified
in Section 17.44.050. The application may be denied on
the basis that the applicant has not met the applicable
burden of proof required by subsections (A)(2)(a) through
(A)(2)(f) of this section.
Prior to approving, conditionally approving, or denying
an application, the decision - making authority shall make
written findings based upon substantial evidence in view
of the whole record to justify the decision. With the excep-
tion of projects initiated by a city agency or department
and for conditional use permits for alcoholic beverages,
when the city council is the decision - making authority,
the application shall first be reviewed by the planning
commission. When the planning commission is the decision -
making authority, its decision to approve, conditionally
approve, or deny the application may be appealed to the
city council pursuant to Section 17.44.090.
c. Temporary Special Use Permit (TUP). The director
of community development may authorize, by zoning
clearance, a use or structure for a temporary period of time
(not to exceed ninety (90) days). Where a delay incident
to the normal processing of an application would be detri-
mental to the applicant or the public, the director of commu-
nity development may grant additional ninety (90) day
extensions to the temporary special use permit. Temporary
use permits shall be considered discretionary permits and
as such may be conditioned so as to not be physically
detrimental to the health, safety, life or property of the
applicant or the public.
Examples of temporary use permits include but are not
limited to; special events such as Christmas tree sales,
promotional parking lot sales, church carnivals, country
days and sidewalk sales, provisions for uses for a limited
period of time consistent with the zoning district where
located.
These permits may be reviewed by other affected agen-
cies prior to approval. The purpose of the review is to
determine if such a requested use is in any way a problem
as it relates to the adjacent uses. A temporary use permit
may be revoked by the approving authority prior to the
expiration date based upon information that the conditions
have not been complied with, or other justifiable reason
as determined by the approving authority.
d. Administrative Permit (AP). An administrative permit
is a director of community development approved permit
375 (Moorpark 7 -01)
17.44.030
based on a discretionary decision required prior to initiation
of a use or structure requiring the permit. Administrative
permits are subject to site plan review and may be condi-
tioned in order to assure compliance with the requirements
of this title and with the purposes of the applicable zone.
At least ten (10) days prior to approval or denial of the
permit, the director of community development shall provide
a notice by U.S. mail to surrounding property owners within
three hundred (300) feet of the property, as identified by
the latest equalized assessment role of Ventura County,
of the director's intention to approve or deny the permit.
All notices shall include the identity of the director of
community development as the approving authority; a
general explanation of the matter to be considered; a general
description, in text or by diagram, of the subject property;
and a final date by which comments must be received by
the director of community development for the hearing
date. Prior to approval, conditional approval, or denial of
the administrative permit, a hearing date shall be set by
the director of community development. The public may
attend the hearing and give testimony. The director's
decision is subject to an appeal period which shall end
ten (10) calendar days after the director's decision is
rendered pursuant to Section 17.44.060, or on the following
workday if the tenth day falls on a weekend or holiday.
e. Administrative Permits within the Downtown
Specific Plan. Discretionary permits within the boundaries
of the Downtown Specific Plan that may be required by
this code for the conversion of a residential building or
use to a commercial use or to a commercial office use,
or, to provide entitlements where a previous planned
development permit has not been issued, shall be subject
to the review and approval of the director of community
development. Notice and hearing shall be given in the same
manner, as that required for an administrative permit as
set forth in Section 17.44.030(A)(1)(d). The director's
decision is subject to an appeal period which shall end
ten (10) days after the director's determination letter is
rendered pursuant to Section 17.44.060.
Plans similar in content and information to those typically
required for a commercial planned development permit
(CPD) shall be prepared and submitted as a portion of the
application for all discretionary permits within the Down-
town Specific Plan area as established by this section.
2. Discretionary Permit Standards. Planned develop-
ment, conditional use permits, administrative permits and
temporary use permits may only be granted if all billed
fees and charges for processing the application request that
are due for payment have been paid. All of the standards
of subsections (A)(2)(a) through (A)(2)(f) of this section
must be met. The decision - making authority may impose
such conditions and limitations, including time limits, it
(Moorpark 7-01) 376
deems necessary to allow the standards to be met. The
applicant shall have the burden of proving to the satisfaction
of the appropriate decision - making authority that the
proposed development:
a. Is consistent with the intent and provisions of the
city's general plan, and any applicable specific plan and
this title;
b. Is compatible with the character of surrounding
development;
c. Would not be obnoxious or harmful, or impair the
utility of neighboring property or uses;
d. Would not be detrimental to the public interest,
health, safety, convenience or welfare;
e. If a conditionally permitted use, is compatible with
existing and planned land uses in the general area where
the development is to be located; and
f. Is compatible with the scale, visual character and
design of the surrounding properties, designed so as to
enhance the physical and visual quality of the community,
and the structure(s) have design features which provide
visual relief and separation between land uses of conflicting
character.
3. Additional Standards for A -E Zone. In addition to
the provisions of subsection (A)(2) of this section, before
any permit is issued for any land use which requires a
conditional use permit in the A -E zone, the following
standards shall be met or be capable of being met with
appropriate conditions and limitations being placed on the
use:
a. That the establishment or maintenance of this use
will not significantly reduce, restrict or adversely affect
agricultural resources or the viability of agricultural opera-
tions in the area;
b. That structures will be sited to minimize conflicts
with agriculture and that other uses will not significantly
reduce, restrict or adversely affect agricultural activities
on -site or in the area, where applicable; and
c. That the use will be sited to remove as little land
from agricultural production (or potential agricultural
production) as possible.
4. Compliance with Outer Documents. When necessary
to ensure consistency with other city planning documents
such as, but not limited to, specific plans, conditions which
are more restrictive than the standards of this title may
be imposed on discretionary permits.
5. Additional Standards for Overlay Zone. In addition
to the provisions of subsection (A)(2) of this section,
development within any overlay zone having specific
development standards, pursuant to Chapter 17.36, must
comply with such standards.
6. Additional Standard for Hazardous Waste Facilities.
For any proposed development of a hazardous waste facility,
the following additional standard must be made or be
capable of being made with conditions and limitations being
placed on the use:
That the proposed hazardous waste facility is consistent
with the portions of the county hazardous waste manage-
ment plan which identifies specific sites or siting criteria
for hazardous waste facilities.
7. Additional Standards for Establishments Selling
Alcoholic Beverages. If the proposed development is an
establishment selling alcoholic beverages, the applicant
shall have the burden of proving, in addition to the provi-
sions of subsection (A)(2) of this section, that:
a. The use will not result in an over concentration
in the area of establishments selling alcoholic beverages;
b. The use will serve a public convenience;
c. The use will not create the need for increased police
services;
d. The requested use at the proposed location will not
adversely affect the economic welfare of the community;
and
e. The exterior appearance of the structure will not
be inconsistent with the external appearance of commercial
structures already constructed or under construction on
surrounding properties, or within the immediate neighbor-
hood so as to cause blight, deterioration or substantially
diminish or impair property values within the neighborhood.
B. Other Entitlement.
1. Zoning Clearance. A zoning clearance is a permit
which is granted on the basis of a ministerial decision by
the director of community development or designee without
a hearing. A zoning clearance certifies that a proposed use
of land or structures meets all requirements of this title
and the applicable conditions of any previously approved
permit.
a. Applicability of Zoning Clearance. Except as provid-
ed in Section 17.20.030, a zoning clearance is required
prior to the implementation of uses of land or structures,
construction requiring building permits, and the commence-
ment of any activity authorized by a permit or subdivision
granted in accordance with the zoning and subdivision
ordinances of the city. A zoning clearance shall be issued
if the proposed use of land or structures:
i. Is permissible under the present zoning on the land
and the city's zoning and subdivision ordinances;
ii. Is compatible with the policies and land use designa-
tions specified in the general plan, and any applicable
specific plan;
iii. Complies with the applicable terms and conditions
of any applicable permit or other entitlement;
iv. Is not located on the same lot where a violation
of this title exists or of the terms of an existing permit
17.44.030
covering the lot, unless the zoning clearance is necessary
to the abatement of the existing violation;
v. Is not being requested by or on a site or for the
same party that owes the city fees for charges under Section
17.44.040H;
vi. Is not located on the same lot where a violation
exists of any city ordinance regulating land use, such as
the city building code or any grading ordinance; and
vii. Is consistent with the portions of the county hazard-
ous waste management plan which identifies specific sites
or siting criteria for hazardous waste facilities.
b. Expiration. Zoning clearances shall expire one
hundred eighty (180) days after issuance, unless otherwise
indicated on the clearance or unless the use of land or
structures or building construction has commenced and
is being diligently pursued, as evidenced by current inspec-
tions and/or valid building permits.
C. Variances. Variances are adjustments in the regula-
tions contained in this title. Variances are based on discre-
tionary decisions and may be granted to allow deviations
from ordinance regulations governing such development
factors as setbacks, height, lot coverage, lot area and width,
signs, off - street parking, landscaping and wall, fencing and
screening standards. Variances shall be processed in accor-
dance with the provisions of this chapter. Variances may
not be granted to authorize a use or activity which is not
otherwise expressly authorized by the zone regulations
governing the property. Except as provided in subsection
D of this section, variance requests shall be heard by the
planning commission through a public hearing process.
1. Purpose. The sole purpose of any variance shall
be to enable a property owner to make reasonable use of
his or her property in the manner in which other property
of like character in the same vicinity and zone can be used.
2. Standards for Variances. Before any variance may
be granted, the applicant must establish, and the decision -
making authority must determine, that all of the following
standards are met:
a. That there are special circumstances applicable to
the subject property with regard to size, shape, topography,
location or surroundings, such that the strict application
of the zoning regulations denies the property owner privileg-
es enjoyed by other property owners in the vicinity and
under identical zoning districts; and
b. That granting the requested variance will not confer
a special privilege inconsistent with the limitations upon
other properties in the same vicinity and zone; and
c. That strict application of the zoning regulations
as they apply to the subject property will result in practical
difficulties or unnecessary hardships inconsistent with the
general purpose of such regulations; and
377 (Moorpark 7 -01)
17.44.030
d. That the granting of such variance will not be
detrimental to the public health, safety or general welfare,
nor to the use, enjoyment or valuation of neighboring
properties; and
e. That the granting of a variance in conjunction with
a hazardous waste facility will be consistent with the
portions of the county's hazardous waste management plan
(CHWU P) which identifies specific sites or siting criteria
for hazardous waste facilities.
3. Burden of Proof. The applicant shall have the burden
of proving to the satisfaction of the appropriate decision -
making authority that the above standards are met.
4. Duration. Any variance remains valid for so long
as the use or structure which requires the variance(s)
continues.
D. Administrative Exception.
1. A request for a minor exception from standards
of zoning regulations may be approved by the director of
community development as an administrative exception,
upon making the following findings:
a. That the granting of the exception will not create
impacts to abutting properties; and
b. That the strict application of the zoning regulations
as they apply to the subject property will result in practical
difficulties or unnecessary hardships inconsistent with the
general purpose of such regulations; and
c. That the granting of the exception is consistent with
the general plan and/or any applicable specific plan.
2. The director of community development shall
provide a notice of the request, the date when the action
is to be taken and a request for written comments for or
against the request. The notice shall be mailed to all sur-
rounding property owners, within three hundred (300) feet
of the property, whose names appear on the latest- equalized
assessment roll of Ventura County. A copy of the notice
shall be provided to the city council, planning commission
and the city manager. An administrative exception may
be granted only in the following situations:
a. To allow a decrease not to exceed twenty percent
(20%) in any required minimum setback, provided that
such exception may be granted only once from the minimum
standard adopted by this code or any planned development
permit approved consistent with this code;
b. To allow a decrease not to exceed ten percent (10%)
in required parking aisle width or similar dimensional
requirements;
c. To allow walls, fences or hedges to exceed the
height limit regulations by a maximum of one (1) foot in
setback areas, except in a required sight triangle;
d. To allow an increase not to exceed ten percent (10%)
for maximum building coverage, or sign area or sign height;
(Moorpark 7 -01) 378
e. To allow a five - percent (5%) decrease in the required
lot area for second units. (Ord. 271 § 1 (part), 2001)
17.44.040 Filing and processing of application
requests.
A. Submission of Applications. An application for a
permit or variance may be filed by the owner of the proper-
ty or his/her authorized agent, a lessee who holds a lease
whose terms permit the use applied for, or by any duly
constituted government authority or agent thereof. Such
application requests shall be filed with the department of
community development. No application request shall be
accepted for filing and processing unless it conforms to
the requirements of this title, contains in a full, true and
correct form the required materials and information pre-
scribed by the forms supplied by the department of commu-
nity development and is accompanied by the appropriate
processing fees.
B. Existing Violations. No application request for an
entitlement shall be accepted if a violation of the zoning
ordinance, subdivision ordinance or municipal code exists
on the lot, provided that the violation was a result of the
actions or inactions of the applicant or his predecessor(s)
in interest, until the violation is abated, unless the accep-
tance of the application is necessary to the abatement of
the existing violation.
C. Content of Applications. The content of applications
shall be determined by the city. Site plans and elevations
(in color, with building materials identified), sample floor
plans and samples of exterior finishing materials may be
required as part of the permit procedure. If the project is
proposed to be developed in phases, the sequence of such
phases shall also be shown.
D. Completeness of Application. The applicant shall
be notified in writing as to whether the application is
complete or incomplete, no later than thirty calendar days
after the city has accepted an application under this title,
except in the case of zone changes and general plan amend-
ments, which are legislative acts and thus are not subject
to the thirty (30) day limit. If the application is determined
to be incomplete, the applicant shall be notified in writing
of the reasons for such determination and of the information
needed to make the application complete.
1. Review of Supplemental Information. If an applica-
tion is deemed incomplete and the applicant subsequently
submits the required information, a new thirty (30) day
review period begins on the day that the supplemental
information is submitted.
2. Termination of Incomplete Application. Upon written
notification to the applicant, processing of an incomplete
application may be terminated if no reasonable effort has
been made by the applicant to complete the application
for a period of ninety (90) days from the date of notification
of incompleteness. All unused fees shall be refunded to
the applicant. An extension to this ninety (90) day period
may be granted by the director of community development
upon written request by the applicant showing good cause.
E. Review and Conditioning of Applications. Applica-
tions and proposed uses shall be reviewed to determine
the appropriate environmental document, and, by various
city departments as well as interested parties such as cities
and special districts which are involved in the review and
conditioning of projects.
1. Consultant Review. City staff may refer any applica-
tion request to an independent, qualified consultant for
review and evaluation of issues beyond the expertise or
staffing capabilities of the city. The costs for all such
consultant work combined with the administrative charge
in effect at the time for management of the consultant
contract shall be borne by the applicant and are independent
of the fees paid to the city for the processing of the applica-
tion request.
2. Securities. Except as otherwise specified in this
title, the decision - making authority may impose a penal
and/or performance security on any discretionary entitlement
as a condition of such entitlement. The security(s) shall
be filed in a form acceptable to the city attorney and
certified by the city clerk.
a. The required amount of the security(s) may be
increased periodically by the director of community develop-
ment in order to compensate for inflation (based on the
applicable regional Consumer Price Index) or other factors,
so that the same relative value of the security is maintained
over the life of the permit, and to assure that performance
securities continue to reflect the actual anticipated costs
for completing a required task. No security shall be released
until after all of the applicable conditions of the permit
have been met.
b. In the event of any failure by the permittee to
perform or comply with any term or condition of a discre-
tionary entitlement, the decision - making authority may,
after notice to the permittee and after a public hearing,
determine by resolution the amount of the penalty, and
declare all or part of the security forfeited. The sureties
and principal will be jointly and severally obligated to pay
forthwith the full amount of the forfeiture to the city. The
forfeiture of any security shall not insulate the permittee
from liability in excess of the sum of the security for
damages or injury, nor from expense or liability suffered
by the city from any breach by the permittee of any term
or condition of the permit or of any applicable ordinance
or of the security.
c. The permittee shall maintain the minimum specified
amount of a penal security throughout the life of the
17.44.040
entitlement. Within thirty (30) days of any forfeiture of
a penal security, the permittee shall restore the security
to the required level.
3. Abandoned Oil/Gas Wells. All projects will be
reviewed for location over or near any abandoned or idle -
deserted oil or gas well, based on maps provided by the
State of California Division of Oil and Gas (D.O.G.). In
addition, project applicants shall notify the city and D.O.G.
immediately when such wells are encountered in site
preparation or construction. Applicants shall bear the cost
of re- abandonment if required prior to project approval.
The city will notify D.O.G. of the location of any proposed
project that is found to be over or near any such well(s).
F. Vesting of Rights. No person obtains any right or
privilege to use land or structures for any purpose or in
any manner described in an application merely by virtue
of the city's acceptance of an application.
G. Amendments to this Title. An application to amend
this title shall be proposed in accordance with Chapter
17.60.
H.1. Fees. Each application request for any purpose
subject to the regulations of this title, except appeals, shall
be accompanied by payment of all outstanding fees and
charges billed by and owed to the city by the applicant
or by persons, partnerships, corporations or other entities
owned or controlled by the applicant. Each application
request for any purpose, including appeals and requests
for presubmittal review, shall be accompanied by the fee
specified by resolution of the city council, before it is
accepted for filing and processing.
2. Exemptions. No filing fee shall be charged or
collected for any application or appeal filed and signed
by two planning commissioners or any individual city
councilmember in their official capacity.
3. Penalty Fees. Where a use actually commences,
or construction to that end is commenced, prior to the
granting of the required permit or variance, the fee for said
permit or variance shall be doubled, provided that the city
has notified the property owner of the violation. Payment
of such double fee shall not relieve persons from fully
complying with the requirements of this code, nor from
any other penalties prescribed herein.
4. Failure to Pay. The city may include as a condition
of approval the requirement to pay all outstanding fees
and charges consistent with the adopted city fee resolution.
I. Continuance of Permit During Application Renewal
Process.
1. Unless otherwise provided in the conditions of the
permit, permits being processed for renewal shall remain
in full force and effect until the renewal request is acted
on and all administrative appeals have been exhausted,
379 (Moorpark 7 -01)
17.44.040
provided that the renewal application was accepted as
complete by the city prior to the expiration of the permit.
2. All the terms and conditions of the original permit
must be followed at all times. (Ord. 271 § 1 (part), 2001)
17.44.050 Notice and hearing procedures.
A. Notice.
1. Hearing notices prepared pursuant to this chapter
for subdivision matters, planned development permits,
general plan amendments and zone changes, shall include
the date, time and place of the hearing, the identity of the
hearing body or officer, a general explanation of the matter
to be considered, and a general description, in text or by
diagram, of the subject property.
2. Whenever a hearing is required under this chapter
before an application can be acted upon, the city shall set
a date, time and place for the matter to be heard, and shall
give public notice of the hearing by publication in a newspa-
per of general circulation within the jurisdiction of the city
at least ten (10) days prior to the hearing. The property
shall be posted with a sign as required by applicable
provisions of this chapter.
3. In addition, if the hearing involves a discretionary
permit (other than an emergency use authorization) or
modification thereto, a variance or modification or revoca-
tion thereof, an appeal regarding any variance or discretion-
ary permit, or a zoning ordinance amendment which affects
the permitted uses of property, then a written notice, postage
prepaid, shall be mailed to all of the following, pursuant
to Government Code Section 65091, as the same may be
amended from time to time:
a. The owner of the subject property or the owner's
duly authorized agent;
b. The applicant, if different from the owner;
c. Each local agency whose ability to provide essential
services or facilities to the project may be significantly
affected by the project; and
d. The owners of real property situated within a radius
of one- thousand (1,000) feet, with the exception of discre-
tionary permits identified by Section 17.44.030(A)(1)(e)
within the downtown specific plan area, or a variance
request associated with one (1) single - family residential
dwelling unit, each of which shall have a distance require-
ment of three hundred (300) feet of the exterior boundaries
of the assessor's parcel(s) which is the subject of the
application. Names and addresses shall be obtained by the
applicant from the latest equalized assessment roll. If the
number of owners exceeds one thousand (1,000), a one-
eighth (1/8) page display advertisement published at least
ten (10) days prior to the hearing in a newspaper of general
circulation within the jurisdiction of the city may be substi-
tuted for the direct mailing.
(Moorpark 7.01) 380
e. All parts of this code relating to public hearing
notices shall be adhered to.
4. Notification shall also be mailed or delivered, at
least ten (10) days prior to the hearing, to any person who
has filed a written request for such notice with the director
of community development.
5. In the case of appeal hearings, notice shall also be
provided to the appellant and if applicable, to the city
official, city councilmember, department, board or commis-
sion whose order, requirement, permit, decision or determi-
nation is the subject of the appeal.
6. At least eleven (11) days prior to the date of the
hearing, the applicant shall post on the property a notice
of public hearing. The notice shall be posted in accordance
with the provisions contained within this chapter.
B. Hearing Procedures. The decision - making authori-
ty(s) shall hold at least one (1) public hearing on any duly
filed application that requires a discretionary decision. Such
hearings shall be conducted in such a manner as to allow
the applicant and all other interested parties to be heard
and present their positions on the case in question, and
shall have a record of the decision kept, along with the
findings made which supported the decision. Administrative
hearings shall be conducted by the director of community
development or designee as specified in Section
17.44.030(A)(1)(d) and are subject to the notice provisions
of that section.
C. Referrals. A decision - making authority may refer
a matter back to the preceding hearing body for further
report, information or study.
D. Continued Matters. If it is necessary to continue
the hearing or decision on any matter before the decision -
making authority, the person presiding at the hearing shall
publicly announce the date, time and place certain to which
the matter will be continued. Except for the posting of a
notice of continued public hearing in a public place, no
further notice need be given. (Ord. 271 § 1 (part), 2001)
17.44.060 Decisions.
The applicant shall receive notice of the final decision -
making authority's decision either by the adoption of a
resolution (for applications decided in a public hearing)
or by the issuance of a determination letter (for applications
decided administratively by the director of community
development or designee). A resolution or determination
letter rendering a decision on an application request shall
recite such conditions and limitations deemed necessary
by the decision - making authority.
A. Referral of Applications.
1. The director of community development may refer
any applications or modifications to applications over which
the director of community development has authority to
the planning commission at any time within thirty (30)
days after the close of the administrative hearing if the
project:
a. May result in significant adverse environmental
impacts which cannot be mitigated to insignificant levels;
or
b. Involves significant public controversy; or
c. Is in conflict with city policies, or would necessitate
the establishment of new policies; or
d. May be precedent- setting; or
e. Should be referred for any other cause deemed
justifiable by the director of community development.
2. The planning commission may refer a decision on
an entitlement to the city council in cases where two (2)
entitlements regarding the same property or site are being
processed concurrently, and the city council is the decision -
making authority for one (1) of the entitlements.
3. Additional applications or modifications to an
application that has been referred to and approved by a
decision making body shall also be referred to that decision
making body.
B. Decision Options. The decision - making authority
hearing a discretionary matter may approve, conditionally
approve, deny or modify, wholly or ply, the request being
reviewed. The authority may impose such conditions and
limitations as it deems necessary to assure that the general
purpose and intent of this title and its various chapters will
be observed, and that the public interest, health, safety,
convenience and welfare will be served. In the absence
of any provision to the contrary in a decision granting a
request, said request is granted as set forth in the applica-
tion. All conditions and restrictions applied to a decision
on an application request not appealed shall automatically
continue to govern and limit the subject use or structure
unless the action of the decision - making authority clearly
indicates otherwise.
C. Notice of Decision. Not later than thirty (30) calen-
dar days following the effective date of a decision, the city
shall provide by U.S. mail a copy of the decision to the
applicant or appellant in resolution or letter form, in care
of the address appearing on the application or such other
addrt- s designated in writing by the applicant or appellant.
In addition, the authority and/or agency whose decision
is the subject of an appeal shall also be notified of the
decision.
D. Effective Date of Decisions.
1. An administrative decision or a decision of the
planning commission is effective at the expiration of the
decision's appeal period unless an appeal, in proper form
and addressed to the appropriate decision - making authority,
is filed with the director of community development prior
to the expiration of the appeal period.
17.44.060
2. A decision of the city council is effective on the
date it is rendered.
E. Effect of an Appeal. Neither the applicant nor any
enforcement agency may rely on an authority's decision
until the expiration of the decision's appeal period or until
the appeal has been resolved, whichever occurs later. See
also Section 17.44.090. Actions by the decision - making
authority ate stayed pending the consideration of the appeal.
F. Implementation. 'lire director of community develop-
ment shall be responsible for preparing the resolutions or
letters mentioned in this chapter and any other paper or
document required by the planning commission or the city
council in order to discharge their duties and responsibilities
under this chapter and title. It shall be the responsibility
of the permittee to ensure that all conditions placed on
a permit are met. No permits or zoning clearances may
be approved or issued until all conditions required to be
completed prior to their issuance are satisfied.
G. Expiration. Unless otherwise specified in this title
or in the permit conditions, any permit hereafter granted
that requires a zoning clearance becomes null and void
if a zoning clearance is not obtained by the permittee within
the time specified in such permit. If no date is specified,
the permit and zoning clearance shall expire one (1) year
from the date of issuance unless inaugurated. After expira-
tion of a zoning clearance and/or permit, the property
affected thereby shall be subject to the regulations of the
applicable zone classification and all other provisions of
this title. The permittee is solely responsible for the timely
renewal of any permit. The city has no obligation to notify
the permittee of the imminent expiration of the permit.
(Ord. 271 § 1 (part), 2001)
17.44.070 Reapplication.
An application request may be denied with prejudice
on the grounds that two (2) or more similar application
requests have been denied in the past two (2) years. If such
denial becomes effective, no further application for the
request shall be filed in whole or in part for the ensuing
eighteen (18) months except as otherwise specified at the
time of the denial, or unless there is a substantial change
in the application. (Ord. 271 § 1 (part), 2001)
17.44.080 Modification, suspension and
revocation.
A. Modification of Permits. An application for modifica-
tion of a permit or variance pursuant to this section may
be filed by any person or entity listed in Section
17.44.040A. Any change of an approved discretionary
permit is also a discretionary decision and is considered
to fall into one (1) of the following three (3) categories:
1. Reserved.
381 (Moorpark 7.01)
17.44.080
2. Minor Modification. Any proposed change that
exceeds the criteria of a site plan adjustment, but is not
extensive enough to be considered a substantial or funda-
mental change in land use relative to the permit, would
not have a substantial adverse impact on surrounding
properties, and would not change any findings contained
in the environmental document prepared for the permit,
shall be deemed a minor modification and may be acted
upon by the director of community development or designee
through an administrative hearing process as provided for
in Section 17.44.030(A)(1)(d).
3. Major Modification. Any proposed modification
which is considered to be a substantial change in land use
relative to the original permit, and/or would alter the
findings contained in the environmental document prepared
for the permit, shall be deemed a major modification and
be acted upon by the decision - making authority which
approved the original permit.
4. Permit Adjustment. Any change which would not
alter any of the findings pursuant to this title, nor any
findings contained in the environmental document prepared
for the permit, and would not have any adverse impact
on surrounding properties, may be deemed a permit adjust-
ment and acted upon by the director of community develop-
ment or designee without a hearing. There shall be no more
than one (1) approved permit adjustment per calendar year.
Such changes include, but are not limited to, the following:
a. An increase or decrease of not more than ten percent
(100) in floor or permit area and an expansion of less than
five thousand (5,000) square feet, whichever is less, or
in the area of walls, fences or similar structures used as
screening, or in height, provision for landscaping or similar
standards or dimensions, provided that any increase in
parking space requirements can be accommodated on -site;
b. Internal remodeling or minor architectural changes
or embellishments involving no change in basic architectural
style or any change in use where the new use requires the
same or a lesser permit than the existing use; or the estab-
lishment of a new use in an unoccupied building that has
been granted a permit; provided, in both cases, that any
increase in parking space requirements can be accommodat-
ed on -site.
B. Modification, Suspension and Revocation for Cause.
Any permit or variance heretofore or hereafter granted may
be modified or revoked, or its use suspended, by the same
decision - making authority and procedure which would
approve the permit or variance under this title provided
that in all instances the permittee shall be given notice by
U.S. Mail at least ten (10) days prior to the date of the
proposed revocation, modification, or suspension and have
an opportunity to be heard by the issuing body prior to
any such revocation, modification or suspension. An applica-
(Moorpark 7-01) 382
tion for such modification, suspension or revocation may
be filed, along with applicable fees, by any person or entity
listed in this chapter, or by any other affected person. The
applicant for such modification, suspension or revocation
shall have the burden of proving one (1) or more of the
following causes:
1. The application request, which was submitted, was
not in full, true and convect form.
2. The entitlement, clearance, permit or license issued
does not comply with the terms and conditions of the permit
originally granting the use under this tide.
3. The entitlement clearance, permit or license was
issued erroneously.
4. That any term or condition of the permit or variance
has not been complied with;
5. That the property subject to the permit or variance,
or any portion thereof, is or has been used or maintained
in violation of any statute, ordinance, law or regulation;
6. That the use for which the variance or permit was
granted has not been exercised for at least twelve (12)
consecutive months, has ceased to exist, or has been aban-
doned;
7. That the use for which the permit or variance was
granted has been so exercised as to be detrimental to the
public health, safety or general welfare or as to constitute
a nuisance;
8. That changes in technology, or in the type or amount
of development in the vicinity of the use, or other good
cause warrants modification of conditions of operation or
imposition of additional conditions of operation to assure
that the use remains compatible with existing and potential
uses of other property within the general area in which
the use is located.
C. Nonwaiver. The failure of the director of community
development, planning commission or city council to revoke
a variance or permit, or to suspend its use, whenever cause
therefor exists or occurs, does not constitute a waiver of
such right with respect to any subsequent cause for revoca-
tion or suspension of the use.
D. Prohibition. No person shall carry on any of the
operations authorized to be performed under the terms of
any permit during any period of suspension thereof, or after
the revocation thereof, or pending a judgment of court upon
any application for writ taken to review the decision or
order of the final appeal body in the city in suspending
or revoking such permit; provided, however, that nothing
herein contained shall be construed to prevent the perfor-
mance of such operations as may be necessary in connection
with a diligent and bona fide effort to cure and remedy
the default, noncompliance or violation, for which a suspen-
sion of the permit was ordered by the applicable city entity,
or such operations as may be required by other laws and
regulations for the safety of persons and the protection
and preservation of property. (Ord. 271 § 1 (part), 2001)
17.44.090 Apps
A. Authority to Appeal.
1. All actions and decisions of the director of communi-
ty development, authorized by this chapter, may be appealed
to the planning commission or may be appealed by any
two planning commissioners unless otherwise specified.
All such appeals shall be filed in writing with the planning
commission secretary.
2. All actions of the planning commission authorized
by this chapter may be appealed to the city council. All
such appeals shall be filed in writing with the city clerk.
3. Any person may appeal a decision of the director
of community development or planning commission in
accordance with the terms of this chapter.
4. The city council shall be the final approval authority
for all actions.
B. Time Limit to File an Appeal or Request for City
Council Review. All requests for appeals must be received
by the city no later than the close of business ten (10)
business days after the date of the final action by the
director of community development or pluming commission.
C. Fees. Persons filing appeals shall pay all applicable
fees in effect at the time of the appeal as established by
Resolution of the city council.
D. City Council Review of Planning Commission
Actions and Decisions by the Director of Community
Development. The city council is specifically empowered
to review all actions of the planning commission and the
director of community development. The city council review
of the planning commission and the director of community
development actions are subject to the following require-
ments:
1. A request for the city council to review the action(s)
taken by the planning commission or the director of commu-
nity development pursuant to this section shall be valid
if filed with the city clerk by any individual city
councilmember within ten (10) business days of the date
of the action(s) of the commission or the director of com-
munity development.
2. The city council shall review the project in the same
form as reviewed by the planning commission and the
review shall be conducted de novo.
3. A request for the city council to review the action(s)
of the planning commission shall be subject to the same
type of public action (i.e., action item without public hearing
or public hearing item) and public noticing at the city
council as at the planning commission or as required for
decisions made by the director of community development.
17.44.080
4. An item or item(s), which are called for review,
shall be scheduled for the next available city council
meeting following completion of the required legal notice
provisions as determined by the city clerk.
5. No fee shall be required when an item is called
for review by members of the city council or the planning
commission in conformance with the requirements of this
chapter. (Ord. 271 § 1 (part), 2001)
17.44.100 Effect of change of zoning
regulations.
See Section 17.52.110. (Ord. 271 § 1 (part), 2001)
383 (Moorpark 7 -01)
Chapter 17.60
AMENDMENTS TO THE GENERAL PLAN,
SPECIFIC PLANS, ZONING MAP AND ZONING
CODE'S
Sections:
17.60.010
Purpose.
17.60.020
Amendments.
17.60.030
Amendment initiation.
17.60.040
Applications required.
17.60.050
Hearing and notice requirements.
17.60.060
Decison authority.
17.60.070
Planning commission action on
amendments.
17.60.080
City council action on
amendments.
17.60.090
Reapplication.
17.60.100
Findings.
• Prior ordinance history: Ord. 189.
17.60.010 Purpose.
The purpose of this chapter is to establish procedures
for amending the general plan, specific plans, the zoning
map or zoning ordinance whenever required by public
necessity and general welfare.
Adoption and amendment of a general plan, specific
plan, zoning map or zoning ordinance is a legislative act.
(Ord. 271 § 2 (part), 2001)
17.60.020 Amendments.
Amendments to the general plan, specific plan, and
zoning map /code may be either textual or map. Textual
and mapping changes may be of three types:
A. Major Amendments. Major amendments are those
which affect changes to goals, policies, or strategies or
would alter basic policy directions of the existing general
plan or an adopted specific plan. Any amendment that would
create significant and substantial impact to levels of public
service must be considered as major.
B. Minor Amendments. Minor amendments are those
which do not create any need for the extension of public
services. Some adjustment to service levels may be needed
to meet other policy directives, but no new service levels
are created.
C. Technical Amendments. Technical amendments
are changes to data base information, statistical materials,
corrections to textual errors and changes which clarify
meanings of policy or strategies but do not alter the intent
and purpose of the material.
17.60.010
With the exception of those amendments necessary to
meet housing goals, no mandatory element of the general
plan may be amended more than four times in any one
calendar year. (Ord. 271 § 2 (part), 2001)
17.60.030 Amendment initiation.
A. Initiation. Proposals to amend the general plan, any
specific plan, the zoning map or this zoning ordinance may
be initiated by any of the following methods:
1. Request by the owner(s) or the authorized agent
of the owner(s) of the property by filing an application
as provided by the community development department,
planning division.
2. A change in the general plan, a specific plan, zoning
map or zoning ordinance may be recommended by a
resolution of intent from the planning commission to the
city council; or may be initiated directly by the city council
by resolution of intent.
3. A change in the general plan, a specific plan, zoning
map or zoning ordinance may be initiated by request to
the city council by the director of community development.
(Ord. 271 § 2 (part), 2001)
391
17.60.040 Applications required.
A. All applications to amend the general plan, an
adopted specific plan, the zoning map or zoning code must
be filed with the city on forms and in substantial compliance
with administrative procedures provided by the community
development department. A fee, as prescribed by city
council resolution, shall accompany the application.
Formal applications for general plan amendments may
only be accepted and considered following successful pre-
screening application reviews as established by resolution
of the city council.
Zoning map amendments have the effect of rezoning
property from one zoning district to another. Textual
amendments to this zoning ordinance may modify any of
the regulations enumerated in Section 65850 of the Govern-
ment Code of the State of California. Amendments to the
provisions of this title may be adopted similar to other
ordinances adopted by the city.
B. Study of Additional Area. The director of community
development, upon review of an application or resolution
of intention for an amendment to the general plan, any
specific plan or zoning map may elect to include a larger
area or additional land in the study of the amendment
request. (Ord. 271 § 2 (part), 2001)
17.60.050 Hearing and notice requirements.
The planning commission and city council shall each
hold at least one (1) public hearing on any general plan,
specific plan or zoning amendment request. The notice
(Moorpark 7 -01)
17.60.010
and hearing requirements shall be the same as those pre-
scribed in Section 17.44.050. (Ord. 271 § 2 (part), 2001)
17.60.060 Decision authority.
The city council shall be the decision authority for all
major and minor general plan amendments and specific
plan amendments. (Ord. 271 § 2 (part), 2001)
17.60.070 Planning commission action on
amendments.
Following a public hearing, the planning commission
shall make a written recommendation to the city council
whether to approve, approve in modified form, or disap-
prove any proposed amendment, based upon the findings
contained in Section 17.60.100. Such recommendation shall
include the reasons for the recommendation and the relation-
ship of the proposed ordinance or amendment to applicable
general and specific plans. (Ord. 271 § 2 (part), 2001)
17.60.080 City council action on amendments.
Following a public hearing, the city council may approve,
modify or disapprove any planning commission recommen-
dation regarding an amendment request based upon the
findings in Section 17.60.100.
A modification shall be deemed "previously considered"
if the modification of the proposed ordinance or amendment
by the city council is based upon the issues and evidence
initially heard by the planning commission. (Ord. 271 §
2 (part), 2001)
17.60.090 Reapplication.
A general plan amendment, specific plan amendment
or zoning map change may be denied with prejudice as
defined herein, in which event no further application shall
be filed affecting all or part of the property for the ensuing
eighteen (18) months except as otherwise specified at the
time of denial. A zoning ordinance amendment may be
denied with prejudice as defined herein, on the grounds
that two (2) or more similar applications for substantially
the same changes have been denied in the past two (2)
years, or that other good cause exists for limiting the filing
of applications with respect to the subject property. The
city council, upon being presented with good cause, may
permit an applicant to apply for a change on the same
property within eighteen (18) months. (Ord. 271 § 2 (part),
2001)
17.60.100 Findings.
A. Findings for Amendments. An amendment may
be approved only if all the following findings are made,
as applicable to the type of development.
1. Findings required for all amendments.
(Moorpark 7-01) 392
a. The proposed amendment is consistent with the
goals, policies, and implementation strategies of the general
plan.
b. The proposed amendment would not be detrimental
to the public, health, safety, or welfare of the city; and
c. The proposed amendment will not adversely affect
surrounding properties.
2. Additional Finding for Zoning Map Amendments.
The site is physically suitable (including, but not limited
to access, provision of utilities, compatibility with adjoining
land uses, and absence of physical constraints) for the
requested zoning designations and anticipated land
use/developments. (Ord. 271 § 2 (part), 2001)
appropriate to the unit" shall mean one (1) person to a
studio unit, two (2) persons to a one (1) bedroom unit,
three (3) persons to a two (2) bedroom unit, four (4) persons
to a three (3) bedroom unit, and five (5) persons to a four
(4) bedroom unit.
C. Senior Ownership and Rental Units. Households
shall be eligible to purchase or rent a senior unit if they
meet the following criteria:
a. Whereat least fifty percent (50 %) of the total units
of a housing development are set aside for senior residents,
a person or family shall be eligible if at least one (1) person
is a senior resident.
b. Consideration will be given to households residing
and/or working in Moorpark. (Ord. 189 § 3 (8116 -4), 1994)
17. 64.050
Chapter 17.68
PUBLIC NOTICE
Sections:
17.68.010
Applicability of chapter.
17.68.020
Installation of sign.
17.68.030
Sign information.
17.68.040
Land area of one -half acre or
less.
17.68.050
Removal of sign.
17.68.060
Failure to comply with chapter.
17.68.010 Applicability of chapter.
The provisions of this chapter apply to all zone changes,
special use permits, variances, planned development permits,
tentative tract permits, major modifications, specific plans.
land divisions, time extensions, all other discretionary land
use applications, and appeals of any of the above - described
applications. (Ord. 15 § 1(a), 1984)
17.68.020 Installation of sign.
At least eleven (11) days before the hearing on any of
the applications described in Section 17.68.010, the applicant
shall install a sign on the subject property consistent with
the following provisions:
A. The size of the sign shall be thirty -two (32) square
feet in area.
B. The height of the sign shall not exceed eight (8)
feet.
C. The sign shall be placed in an area of the property
most visible to the public, and not more than five (5) feet
from the property line in residential areas, and not more
than one (1) foot from the property line in commercial
and industrial areas. All approvals of any application of
any industrial or commercial property subject to this chapter
shall include a condition for placing on the property signs
of other property located interior to the subject property
from the street.
D. The sign shall not be illuminated, and only one (1)
sign shall be displayed per street frontage of the subject
property. (Ord. 15 § l (b), 1984)
17.68.030 Sign information.
The sign shall include only the following information:
A. The heading of the sign shall be essentially as
follows: "Notice of public hearing on proposed development
Case No. "
B. The content of the sign shall describe the type of
property (residential, industrial or commercial), including
the square footage, number of units, etc. Descriptive words
such as "luxurious" or "elegant" shall not be used.
395 (Moorpark 12 -98)
17.68.030
C. The sign shall include the date, time and location
of the public hearing, and the telephone numbers of the
developer and of city hall.
D. Dates shall be changed on the sign to refer to the
next planned public hearing. (Ord. 15 § 1(c), 1984)
17.68.040 Land area of one -half acre or less.
Where the total area of the land is one -half ( %) acre
or less, the director of community development shall
determine if a sign is necessary to provide adequate notice
to the public of the nature of the project. If the director
of community development determines a sign is necessary,
the director of community development shall prescribe a
sign sufficient to give adequate notice to the public. The
applicant shall, at least eleven (11) days before any hearing,
post on the property, in the manner described in subsections
C and D of Section 17.68.020, the sign prescribed by the
director of community development. (Ord. 15 § 1(d), 1984)
17.68.050 Removal of sign.
The sign shall be removed from the property not more
than twelve (12) days after the final action by the city on
the land use application. (Ord. 15 § I(e), 1984)
17.68.060 Failure to comply with chapter.
Failure to comply with the provisions of this chapter
shall not affect the jurisdiction of any public body deciding
any application. (Ord. 15 § 1(f), 1984)
(Moorpark 12 -98) 396
Chapter 17.72
DOWNTOWN SPECIFIC PLAN OVERLAY
ZONE (SP -D)
Sections:
17.72.010
Purpose.
17.72.020
Terms and definitions.
17.72.030
General provisions.
17.72.040
Review procedures.
17.72.050
Design and landscape guidelines.
17.72.060
Single - family residential (R -1).
17.72.070
Two - family residential (R -2).
17.72.080
Residential planned
development— {R -PD).
17.72.090
Office— (C -O).
17.72.100
Old town commercial (C -OT).
17.72.110
Neighborhood commercial (C -1).
17.72.120
Commercial planned
development (C -PD).
17.72.130
Institutional (I).
17.72.140
Industrial Park/Light Industrial
(M -1).
17.72.150
Lot consolidation incentive
program.
17.72.010 Purpose.
The development standards and design guidelines for
downtown Moorpark are intended to reinforce building
character and establish design criteria for all new buildings,
renovated buildings, and remodels. (Ord. 247 § 1 (part),
1998)
17.72.020 Terms and definitions.
Words and terms used within the downtown specific
plan and overlay zone shall have the same meaning and
definition as given within the Moorpark municipal code,
including Chapter 17, zoning ordinance and the city general
plan. (Ord. 247 § I (part), 1998)
17.72.030 General provisions.
The provisions of the downtown specific plan overlay
zone apply to properties in the downtown specific plan
area and supplement the other regulations of the zoning
ordinance. The specific plan development standards and
design guidelines are consistent with, and further, the city
zoning ordinance. In such cases where the specific plan
development standards and zoning code standards conflict,
the specific plan development standards shall apply. (Ord.
247 § 1 (part), 1998)
ITEM: 9. A.
LVORPMK MUM*.
MOORPARK PLANNING COMMISSION q 10 y;2�p
AGENDA REPORT ACC IOW. ! •?
To: Honorable Planning Commission
From: Barry K. Hogan, Community Development Directo
By: Laura Stringer, Senior Management Analyst
Date: September 5, 2002 (PC Meeting of 9/9/02)
Subject: Consider Amendment to Resolution No. PC- 2002 -421
Regarding Rules of procedure for Commission Meetings and
Related Functions and Activities
s
BACKGROUND
On June 24, 2002, the Planning Commission considered.issues related
to communication with applicants, applicant's representatives,
proponents and opponents of entitlement applications which are
either before the Commission or are pending consideration before
the Commission. After discussion of the matter, the Commission
provided staff with direction to amend Resolution No. 2002 -421 to
include language related to communication issues.
DISCUSSION
Section 9 of Resolution 2002 -421, adopted by the Commission on
February 11, 2002, sets forth procedures for written communications
to the Commission as a whole and "all other written
communications." The procedure established however did not take
into account communications with respect to development
applications, nor does it cover any oral, telephonic or electronic
communications which may occur. Based on direction from the
Commission at the June 24, 2002 meeting, staff has amended Section
9, adding language to cover these aspects of communications and to
help clarify the intent of the section. Staff has also provided
suggestions for minor clean -up of language throughout the document.
The proposed draft resolution is attached in legislative format.
S: \Community Development \ADM: )t 020909.doc
Honorable Planning Commission
September 9, 2002
Page 2
RECOMMENDATION
Adopt Resolution No. PC -2002- , amending Resolution No. PC -2002-
421, regarding rules of procedure for Commission meetings and
related functions and activities.
Attachment:
Draft Resolution No. PC -2002- , in legislative format.
S: \Community Development \ADMIN \P C POLICIES \agenda rpt 020909.doc
RESOLUTION NO. PC -2002-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, AMENDING RESOLUTION
NO. PC- 2002 -421 REGARDING RULES OF PROCEDURE FOR
COMMISSION MEETINGS AND RELATED FUNCTIONS AND
ACTIVITIES.
WHEREAS, Section 2.04.040 of the Moorpark Municipal Code
requires that the City Council adopt Rules of Procedure to govern
the conduct of its meetings and any of its other functions and
activities; and
WHEREAS, the City Council has adopted said Rules of Procedure
and has directed the Planning Commission to adopt Rules of
Procedures that are consistent with those as adopted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED,
the City of Moorpark that Rules
Meetings and Related Functions and
to read as follows:
SECTION 1. GENERAL PROVISIONS
1.1 Purpose:
by the Planning Commission of
of Procedure for Commission
Activities are hereby adopted,
The purpose and intent of the Commission in adopting these
rules shall be to provide directory guidelines relating to the
conduct of the public business by the Commission. In the event of
any non - compliance with, or violation of, any provision herein,
such shall not be deemed to affect the validity of any action
taken, unless otherwise specifically provided by law.
1.2 Procedures in Absence of Rules:
In the absence of a rule herein to govern a point or
procedure, Robert's Rules of Order, Newly Revised, shall be used
as a guide.
SECTION 2. ORDER OF BUSINESS
2.1 Agenda:
The Order of Business of each meeting shall be as contained
in the Agenda prepared by the Secretary to the Commission. The
Agenda shall be a listing by topic of the items of business which
shall be transacted or discussed in the following order:
1. Call to Order
2. Pledge of Allegiance
PC ATTACHMENT
Resolution No
Page 2
3.
4.
5.
6.
7.
8.
9.
10.
11.
PC- 2002 -4,�-1
Roll Call
Proclamations, Commendations and Special
Presentations
Reordering of, and Additions to, the Agenda
Consent Calendar
Public Comments
Public Hearings
Discussion Items
Announcements or Future Agenda Items
Adjournment
2.2 Delivery of Agenda Packet:
Barring insurmountable difficulties, the Agenda shall be
delivered ordinarily to Commissioners eaeh on or before each
Thursday preceding the meeting to which it pertains.
The Agenda shall also be available to the general public
after it is posted. Agenda reports will nelc be available to the
general public until after distribution to the Commission.
2.3 Call to Order:
The meeting of the Commission shall be called to order by the
Chair or, in his /her absence, by the Vice -Chair who shall serve
until the arrival of the Chair. In the absence of both the Chair
and the Vice - Chair, the meeting shall be called to order by the
Secretary to the Commission. The Secretary to the Commission shall
immediately call for the selection of a temporary Presiding
Officer who shall serve until the arrival of Vice -Chair or until
adjournment.
2.4 Roll Call /Quorum:
Before proceeding with the business of the Commission, the
Records Secretary te-- he Gemfflissien- -shall call the roll of the
Commission and the names of those present shall be entered in the
minutes. The order of roll call shall be alphabetical with the
Chair called last. Unless otherwise provided for by law, a
majority of the Commission shall constitute a quorum sufficient to
do business.
Resolution No. PC- 2002 -4-24
Page 3
2.5 Reordering of, and Additions to, the Agenda:
Except with majority consent of the Commissioners present and
voting, items may not be taken out of order.
Any Commissioner, the City Manager, the City Attorney,
Director of Community Development or the Records Secretary ±ce the
G effffniss & may bring to the attention of the Commission new items
of business which can be placed on the agenda by majority vote for
discussion and action in the event of an emergency situation or
when the need to take action arose subsequent to the posting of
the agenda, consistent with applicable State law.
In addition to having the opportunity to reorder the agenda
as order of business number 5, the Chair shall suspend the item
under discussion at 11:30 p.m. in order that the agenda may be
reordered by majority vote of the Commissioners present and
voting. The Records Secretary to 4- he Gew-_-Ri en shallwill notify
the Chair that the time for reordering the agenda has arrived.
2.6 Public Comments:
Any member of the public may address the Commission on any
subject within the jurisdiction of the Commission which is not
listed on the Agenda as a public hearing item. Speakers will be
heard in the order that their speaker cards are received by the
Records Secretary to the Gefnfflissien prior to the Call to Order of
the meeting. A limitation of 3 minutes shall be imposed upon each
speaker. By majority vote of the Commission present and voting,
the number of speakers shall be limited at any single meeting. The
speaker shall be governed by the rules of Sections 6.1, 6.2 and
6.3. Commissioners shall reserve their comments and responses
until the end of the public comments period.
Speakers may be heard at greater length at the end of the
agenda by majority vote of the Commissioners present and voting.
The Records Secretary - to the GeRi.v,; _ s shall hold over to the
next adjourned regular or regular meeting, timely submitted
speaker cards of speakers who were not heard during the public
comments period, and those speakers shall be given priority in the
order that their speaker cards were originally received during the
public comments period of the next meeting.
Speakers at a regular meeting shall ! not be allowed to
address the same subject at an adjourned meeting of the regular
meeting at which they spoke, except by a four - fifth's majority
vote of the Commission.
Resolution No. PC- 2002 -4,4
Page 4
2.7 Consent Calendar:
Minutes of previous Commission meetings, items of a routine
nature and items recommended to be received and filed shall be
placed on the consent calendar. All items may be approved by one
blanket motion by unanimous vote of those present and voting.
However, a Commissioner may abstain from voting on any consent
calendar item without requesting its withdrawal, and the Records
Secretary_ -e the shall record any such abstention in
the minutes. An abstention shall be considered =e- be —a vote in
favor of the motion for purposes of determining unanimous consent.
Prior to a motion on the consent calendar, any Commissioner
may request that any item be withdrawn from the consent
ca1r--dGrage� for separate consideration. Items withdrawn from
..... ..._....
the consent calendar shall be considered immediately in the order
that they were withdrawn, provided that the Commissioner who
requested that an item be withdrawn may also request that it be
considered under the Discussion /Action Items portion of the
Agenda. All such items shall be considered at the end of
Discussion /Action Items in the order that they were withdrawn from
the consent calendar.
2.8 Public Hearinas:
Items shall be placed under this topic if (i) a public
hearing is required by law; (ii) the item is the consideration of
an application or an appeal; or (iii) the item has been set for
public hearing by the Commission.
Public hearings shall be conducted in the following order:
Staff report
Questions of Staff by Commission
Hearing Opened by Chair
Testimony by Applicant
Other Public Testimony
Rebuttal by Applicant
Questions by Commission
Hearing Closed by Chair
Discussion by Commission
Resolution No. PC- 2002 -4-2 -1
Page 5
Action by Commission
Any public hearing which is continued from one meeting to
another shall be placed first on the Agenda under Public Hearings,
and if more than one, shall appear in the same order as shown on
the previous Agenda. The order of the Agenda under Public Hearings
may not be changed, except with the unanimous consent of the
Commissioners present.
Questions or comments from the public shall be limited to the
item under consideration and the speaker shall be governed by the
provisions of Sections 6.1 and 6.2. Depending upon the extent of
the Agenda and the number of persons desiring to speak of an item,
the Chair may, at the beginning of the hearing, limit testimony,
but in no event to less than 3 minutes per individual. Speaker
cards must be presented in person by the person wishing to speak.
The passing of time from one speaker to another or speaking in
place of another speaker is not allowed.
An applicant's initial presentation shall be limited to
thirty (30) minutes, with consultant participation generally
limited to answering specific Commission questions. Subsequent
presentations by an applicant shall be limited to ten (10)
minutes.
Written statement cards may be submitted in lieu of
addressing the Planning Commission. The number of cards received
in favor of, or in opposition to, a public hearing item under
consideration shallwill be verbally reported to the Commission by
the Records Secretary along with a brief summary of specific
concerns /comments listed on each card. The verbal report
shallwill be given following the last public speaker for the
public hearing and prior to the rebuttal by the applicant. The
names of those submitting written statement cards shallwill be
recorded in the minutes of the meeting and the written statement
cards will become a part of the official record.
2.9 Comments from Commissioners:
Any Commissioner may comment on any matter that is not on the
Agenda.
2.10 Discussion /Action Items:
Items that involve recommendations to the Planning Commission
and items of a non - routine nature shall be placed under this
topic.
Resolution No. PC-2002-424
Page 6
2.11 Future Agenda Items
Any Commissioner during the meetingwho has not previously
requested d-ar- in gfre— Meeting to have an item placed on a future
agenda may do so under this topic.
SECTION 3. PRESIDING OFFICER
3.1 Selection and Term:
The Chair shall be the Presiding Officer at all meetings of
the Commission, except as otherwise provided in Section 2.3. At
its first regular meeting ine€ January iii each year, or at its
next regular meeting following the r-eer-ganrza- ien fftee±cing —ef the
Gity -ge=l City Council appointment of Planning Commissioners
held every even - numbered year, the Commission shall select a Chair
and Vice - Chair. Each person so selected shall serve until the
first regular meeting of the subsequent January, or until the next
regular meeting following the City Council appointment of Planning
Commissionersr-eer--gen±Ftren -Ming of the City e_? ='_ held every
even - numbered year, or unless removed sooner pursuant to this
Section. Each selection shall be by three (3) or more affirmative
votes, and a failure to achieve such total of affirmative votes
shall be deemed a selection of the incumbent to remain in office.
Each person so selected shall serve until the end of the one -year
term or until a successor is chosen (at any time) by three (3) or
more affirmative votes, whichever first occurs.
If a vacancy in the position of Chair occurs for any reason
except for removal of the Chair pursuant to this Section, the
Vice -Chair shall assume the position of Chair until a successor is
chosen.
3.2 Participation of Presidina Officer:
The Presiding Officer may move, second and debate from the
chair, subject only to such limitations of debate as are imposed
on all Commissioners. He /she shall be accorded all of the rights
and privileges of a Commissioner.
3.3 Maintenance of Order:
The Presiding Officer is responsible for the maintenance of
order and decorum at all times. The head of the City's police
agency or his /her designee shall be ex- officio sergeant -at -arms of
the Commission. He /she shall carry out all orders and instructions
given him /her by the Presiding Officer for the purpose of
maintaining order and decorum at the Commission meeting.
Resolution No. PC- 2002 -424
Page -7
3.4 Rulings Final Unless Overruled:
The Presiding Officer shall decide all questions of
interpretation of these rules, points of order, maintenance of
order or other questions of procedure requiring rulings. Any such
decision shall be final and binding and (even if clearly
erroneous) for purposes of the item under consideration, unless
overridden by a majority vote of the Commissioners present and
voting. Any Commissioner may seek to have the Presiding Officer's
decision overridden by moving the question "Shall the decision of
the Presiding Officer be sustained ?"
SECTION 4. CONDUCT OF COMMISSIONERS
4.1 Decorum and Order:
(a) Any Commissioner desiring to speak shall address the
Presiding Officer and, upon recognition by the Presiding Officer,
shall confine himself /herself to the item under debate.
(b) A Commissioner desiring to question the staff shall
address his /her question to the Director of Community Development,
as appropriate, who shall be entitled either to answer the inquiry
ifRsezft! or to designate some member of his /her staff for that
purpose.
(c) A Commissioner, once recognized, shall not be
interrupted while speaking unless called to order by the Presiding
Officer, a point of order is raised by another Commissioner
pursuant to Section 3.4 or the speaker chooses to yield to
questions from another Commissioner.
(d) Any Commissioner called to order while he /she is
speaking shall cease speaking immediately until the question of
order is determined. If ruled to be in order he /she shall be
permitted to proceed. If ruled out of order he /she shall remain
silent or shall alter his /her remarks so as to comply with the
rules.
(e) Commissioners shall accord the utmost courtesy to each
other, to City employees, and to the public appearing before the
Commission. They shall refrain at all times from rude and
derogatory remarks, abusive comments and statements as to
integrity, motives or personalities.
(f) The right of a Commissioner to address the Commission on
a question of personal privilege shall be limited to cases in
which his /her integrity, character, or motives are assailed,
questioned or impugned.
Resolution No. PC-2002-424
Page 8
(g) Any Commissioner may move to require the Presiding
Officer to enforce the rules. The affirmative vote of a majority
of the Commission present and voting shall require him /her to so
act.
4.2 Limitation of Debate:
A Commissioner should not speak more than once upon any one
item until every other member choosing to speak thereon has
spoken. No member shall speak for a longer time than 5 minutes
each time he /she has the floor, without the approval of a majority
vote of the Commission present and voting.
4.3 Dissents and Protests:
Any Commissioner shall have the right to express dissent
from, or protest to, any action of the Commission and to have the
reason entered in the minutes. If such dissent or protest is
desired to be entered in the minutes, this should be made clear by
language such as, "I would like the minutes to show that I am
opposed to this action for the following reasons. ."
4.4 Conflict of Interest:
Any Commissioner prevented from voting on an item
because of a conflict of interest shall refrain from the
discussion and vote. Once a Commissioner determines that he /she
has a financial interest in a decision under the Political Reform
Act of 1974, necessitating disqualification, he /she shallot
publicly announce the economic interest which is the subject of
the potential conflict of interest, and the fact that he /she is
disqualifying himself /herself from any participation in the
decision. Such member should leave the Commission dais
immediately after announcing the conflict.
SECTION 5. CONDUCT OF EMPLOYEES
5.1 Decorum and Order:
(a) Members of the staff and employees of the City shall
observe the same rules of procedure and decorum applicable to
members of the Commission.
(b) The City Manager or assigned Department Head shall
insure that all staff members and employees observe such decorum.
(c) Any staff member or employee, including the City
Manager, desiring to address the Commission or members of the
public shall first be recognized by the Chair. All remarks shall
be addressed to the Chair and not to any one individual
Commissioner or member of the public.
Resolution No. PC- 2002 -4,�4
Page 9
SECTION 6. CONDUCT OF THE PUBLIC
6.1 Decorum and Order:
(a) Members of the public attending Commission meetings
shall observe the same rules of order and decorum applicable to
the Commission pursuant to Section 4.1.
(b) Willful conduct that is disruptive, including but not
limited to, unauthorized remarks from the audience, stamping of
feet, whistles, yells and similar demonstrations shall be
prohibited by the Presiding Officer. Any person who becomes
willfully disruptive while addressing the Commission or while
attending the Commission meeting shall be removed from the room if
the sergeant -at -arms is so directed by the Presiding Officer.
Aggravated cases shall be prosecuted on appropriate complaint
signed by the Presiding Officer.
6.2 Manner of Addressing the Commission:
No person shall address the Commission without being
recognized by the Presiding Officer. Any member of the public
desiring to address the Commission shall proceed to the podium and
wait to be recognized by the Presiding Officer. After being
recognized, the speaker shall state his /her name and address for
the record. All remarks and questions shall be addressed to the
Chair and not to any individual Commissioner, staff member or
other person.
6.3 Limitations on Addressina the Commission:
The making of oral communications to the Commission by any
member of the public during the "Public Comments" portion of the
Agenda shall be subject to the following limitations:
(a) No speaker shall be permitted to address the Commission
on a public hearing item which is not on the Agenda but which has
been scheduled or is under submission for a public hearing before
the Planning Commission.
(b) No speaker shall be permitted to address the Commission
on an item which is currently before or is under submission for
consideration by a Commission, board, committee or officer before
which the speaker should make his /her presentation, until that
body has completed its deliberations and taken its final action.
In case the speaker should have followed an otherwise available
appeal procedure, the Presiding Officer shall not allow oral
communication to the Commission outside that procedure.
Resolution No. PC- 2002 -4-24
Page 10
(c) No speaker shall be permitted to include charges or
complaints against any employee of the City, or any employee of a
private firm or public agency providing a contract service to the
City, regardless of whether such employee is identified in the
presentation by name or by any other reference which tends to
identify the employee. All charges or complaints against an
employee shall be submitted to the City Manager for appropriate
action, and may also be submitted to members of the Planning
Commission by written communication.
(d) If it appears that several speakers desire to speak
regarding any item on the Agenda, the Presiding Officer may
reasonably limit the number of speakers on each side of the issue.
In this regard, preference may be given to speakers who represent
groups of persons who have designated a spokesperson.
SECTION 7. MOTIONS
7.1 Processing of Motions:
When a motion is made and seconded, it shall be stated by the
Presiding Officer or, at the request of the Presiding Officer, by
the Records Secretary ef Iche OeRifflissien before debate. A motion so
stated shall not be withdrawn by the mover without the consent of
the person seconding it.
7.2 Division of Motion:
If the motion contains two or more divisible propositions,
the Presiding Officer may, and upon request of any Commissioner
shall, divide the same, unless a majority of the Commissioners
present and voting, votes not to do so.
7.3 Precedence of Motions:
When a motion is before the Commission, no motion shall be
entertained except the following, which shall have precedence in
the following order.
The ordinary motions rank as follows, and any of them (except
to amend) can be made while one of a lower order is pending, but
none can supersede one of a higher order. Motions to limit
discussion, to call the question and to suspend the rules require
a two- thirds vote; all other motions require only a majority vote:
Not Debatable:
To Fix the Time of Adjournment
To Adjourn (when unqualified) ) Cannot
Resolution No. PC- 2002 -4-24
Page 11
To Table ) be
To Limit Discussion (2/3 vote) ) Amended
To Call the Question (2/3 vote) )
To Suspend the Rules (2/3 vote) )
Debatable:
To Postpone to a Certain Time )
To Commit or Refer to Committee ) Can be
To Amend ) Amended
To Postpone Indefinitely )
The Motion to Reconsider: the motion can be made when any
other motion is before the assembly, but cannot be acted upon
until the business then before the assembly is disposed of; when
called up, it takes precedence over all other motions, except to
adjourn, and to fix the time to which to adjourn.
Motions incidental to those before the assembly take
precedence over them and shallfarrst be acted upon first.
7.4 Motion to Fix Hour of Adjournment:
Such a motion shall be to set a definite time at which to
adjourn and may be amended by unanimous vote.
7.5 Motion to Adjourn:
Such a motion shall be in order at any time, except as
follows:
(a) When repeated without intervening business or
discussion;
(b) When made as an interruption of another Commissioner
while speaking;
(c) When discussion has been ended and vote on the motion is
pending; or
(d) While a vote is being taken.
A motion to adjourn "to another time" shall be debatable, but
only as to the time to which the meeting is adjourned.
Resolution No. PC- 2002 -4-2-1
Page 12
7.6 Motion to Table:
Such a motion shall be used to temporarily bypass the subject
and shall preclude all amendments or debate of the subject under
consideration. If the motion prevails, the item may be "taken from
the table" at any time prior to the end of the next regular
meeting.
7.7 Motion to Limit Discussion:
Such a motion shall be used to limit the time allowed each
Commissioner to speak to, or to appoint a time at which discussion
shall close on, the question of the main motion and any previously
made amendment to the main motion. If a motion to limit the time
allowed each member to speak passes, no member shall thereafter
speak more than two times to the question nor longer than the
time allowed at either time and no member shall speak the second
time until every member choosing to speak has spoken.
7.8 Motion to Call the Question:
Such a motion shall be used to close debate on, and further
amendment to, the main motion. If the motion fails, debate shall
be reopened; if the motion passes, a vote shall next be taken on
any previously made amendments to the main motion and finally on
the main motion.
7.9 Motion to Suspend the Rules:
Such a motion shall be used to suspend these rules of
procedure and shall include a statement of the purpose of the
suspension. If the motion fails, the motion shall not be renewed
for the same purpose at the same meeting, but it may be renewed
for the same purpose at an adjourned meeting of that meeting.
7.10 Motion to Postpone to a Certain Time:
Such a motion shall be amendable and debatable only as to
propriety of postponement and time set.
7.11 Motion to Amend:
Such a motion shall be debatable only as to the amendment. A
motion to amend an amendment shall be in order, but a motion to
amend an amendment to an amendment shall not be in order. An
amendment modifying the intention of a motion shall be in order,
but an amendment relating to a different matter shall not be in
order. A substitute motion on the same subject shall be
acceptable, and voted on before a vote on the amendment.
Amendments shall be voted first, then the main motion as amended.
Resolution No. PC- 2002 -4-24
Page 13
7.12 Motion Reconsideration:
Any Commissioner who voted with the majority may move a
reconsideration of any vote at the same meeting or at the next
regular meeting. After a motion for reconsideration has once been
acted upon, no other motion for a reconsideration thereof shall be
made without unanimous consent of the Commission.
SECTION 8. VOTING
8.1 Restatement of the Motion:
Upon the request of any Commissioner, the Presiding Officer
shall verbally restate each motion immediately prior to calling
for the vote.
8.2 Votinci Procedure:
In acting upon every motion, the vote shall be taken by
voice, roll call or any other method by which the vote of each
Commissioner present can be clearly ascertained. The vote on each
motion shall then be entered in full upon the record. The order of
voting shall be the maker of the motion, the second and then the
remaining Commissioners alphabetically, with the Chair called
last. The Records Secretary 4 �
e- ��':�i�n -shall call the names
of all members seated when a roll call vote is ordered or
required. Members shall respond 'aye', 'no' or 'abstain', provided
that when a vote is collectively taken by voice or when a method
of voting other than by voice or roll call is used, any
Commissioner not audibly and clearly responding 'no' or 'abstain'
or otherwise registering an objection shall have his /her vote
recorded as 'aye'.
Following the vote, the Presiding Officer shall verbally
announce whether the motion carried or was defeated. The Presiding
Officer may also publicly state the effect of the vote for the
benefit of the audience before proceeding to the next item of
business.
Any member may change his /her vote before the next item of
business is called.
8.3 Roll Call Voting:
A roll call vote shall not be used for any item before the
Commission unless demanded by any Commissioner. It shall not be in
order for members to explain their vote during roll call.
Resolution No. PC- 2002 -424
Page 14
8.4 Failure to Vote:
Every Commissioner should vote unless disqualified for cause.
A Commissioner who abstains from voting on an item because of
being disqualified shall be considered as if absent.
8.5 Tie Votes:
When no Commissioner abstains from voting, the motion shall
be lost on a tie vote. Any member who abstains and is not
considered absent shall be deemed to have acquiesced to the motion
and the motion shall be passed on a tie vote.
If a tie vote results at a time when less than all members of
the Commission are present, the matter shall automatically be
continued to the agenda of the next regular meeting of the
Commission, unless otherwise ordered by the Commission.
SECTION 9. WRITTEN COMMUNICATIONS
9.1 Communications Addressed to Commission as a Whole Not
Involvina a Development Application:
The Director of Community Development or his /her designee is
authorized to receive and open all written communications,
including e- mails, addressed to the Commission as a whole and give
it immediate attention to the end that all administrative business
referred to in said communications, and not necessarily requiring
Commission action, may be disposed of between Commission meetings.
The Director of Community Development or his /her designee shall
cause a copy of such communication to be sent to each
Commissioner.
9.2 All Gt-her WritteH Communications Involvina _ a _ Development
A lication:
Any written communication, iY:cluding e= mails, received at
City Hall addressed to the Chair and /or an individual Commissioner
shall be opened by the Director of Community Development or
his /her designee and a copy of such communication shall be
provided to the addressee and each of the other members.
Any Commissioner who receives any written communication,
includina e- mails, on any subject related to the business of the
City Commission, whether or not received at City Hall, shall cause
a copy to be provided to the Records Secretary Ice = he r.,r,..,; ss
Resolution No. PC- 2002 -424
Page 15
who shall cause a copy of such communication to be sent to each of
the other members. Said communication shall become a part of the
public record for the development application.
9.3 Ageada - -tear— Communications involving a Planning Commission
Agenda item:
Any such communication which relates to an item pending or to
be brought before the Commission shall be included in the agenda
packet for the meeting at which such item is to be considered and
shall become part of the public record for that: item.
Regardless of the source, it will take a four - fifth's
majority vote of the Commission to accept additional agenda
material on the day of the Commission meeting at which the item is
to be considered.
A Planning Commissioner may be requested to meet, outside of
the public hearing process, with an applicant, the applicant
representative(s), proponents and opponents to a development
application to discuss aspects of the development. While meeting
with these representatives is at the discretion of the individual
Commissioner, disclosure of the meeting(s), and the effects upon
the Commissioner's review of the application is required prior to
the opening of the hearing on the development application. The
Commissioner shall disclose the nature of the contact and what
effect, if any, it had on he /she in the review of the development
application.
SECTION 10. COMMITTEES
10.1 Committees:
Committees may be appointed by the Chair, as needed, with the
approval of the majority of the members of the Commission.
SECTION 11. COMMISSION MEETINGS
11.1 Schedule:
The Commission shall hold regular bi- monthly meetings as
determined by the Commission at its first meeting in January of
each year, such determination to include the dates, time and place
of such meetings as set forth in Chapter 2.36 of the Municipal
Code.
Resolution No. PC- 2002 -4.21
Page 16
SECTION 12. PROCEDURE FOR PLANNING COMMISSION COMMUNICATIONS
AND /OR PRESENTATIONS TO THE CITY COUNCIL
12.1 Written Communication:
The Planning Commission has determined that there are times
when it may be beneficial to provide a written communication to
the City Council to clarify the Planning Commission's thoughts,
ideas, concerns, decisions, and recommendations. The form of
written communication may include, but is not limited to,
letters, memoranda, minute orders, and reports, as well as
majority, concurring, and minority opinions.
12.2 Flexibility:
The Planning Commission has concluded that the process
should remain flexible as to both the form of the written
communication and the situations when they would be submitted.
12.3 Authorship and Review Process:
The Planning Commission may direct one or two Commissioners
or Staff to prepare the written communication. In most
circumstances, the Planning Commission will consider the written
communication for its own review and comment before it is
submitted to the City Council. This may be accomplished at the
following Planning Commission meeting or in conjunction with
approving the meeting minutes when those projects and issues
"were considered.
12.4 Expedited Written Communications:
When time is of the essence, the Planning Commission may
direct Staff or appoint a single Commissioner and the Chair to
prepare a written communication without further Planning
Commission review and comment.
12.5 Attendance at City Council Meetings:
The Planning Commission recognizes that there are
circumstances where the City Council could benefit from the
attendance of a Planning Commissioner at City Council meetings.
When those circumstances arise, the Planning Commission will
offer a spokesperson to attend the City Council meetings. The
Planning Commission also recognizes that the City Council, or one
of its members, may at any time request the presence of one or
more Commissioners to attend one of its meetings. When such a
request is made, the Planning Commission will respond.
Resolution No. PC- 2002 -4-24
Page 17
SECTION 13. CERTIFICATION OF ADOPTION
The Community Development Director shall certify to the
adoption of this resolution and shall cause a cause a certified
resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 9thq4th day of September- - _tea. —,
2002.
AYES: V i e e Gh a i r —L 1 ri d s, r efftm s,s±ene! Paicvin, r cc e e6- -crrrc
Ham r, anEi - GhaiTGtt-e
NOES:
ABSTAIN:
ABSENT:
William F. Otto, Chair
ATTEST:
Barr Y_ K. Hogane -zf
Teen- Community Development Director