HomeMy WebLinkAboutAG RPTS 2003 0701 PC REGResolution No. PC- 2003 -448
PLANNING COMMISSION
REGULAR MEETING AGENDA
TUESDAY - July 1, 2003
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:
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Any member of the public may address the Commission during the Public
Comments portion of the Agenda, unless it is a Public Hearing or a 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.
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Planning Commission Agenda
July 1, 2003
Page No. 2
6. CONSENT CALENDAR:
A. Regular Meeting Minutes of June 17, 2003.
7. PUBLIC CONMNTS:
8. PUBLIC HEARINGS:
(next Resolution No. 2003 -448)
A. Consider General Plan Amendment No. 2003 -03: Amendment
to the Circulation Element of the General Plan to Add
a Westerly Extension of High Street between Moorpark
Avenue and Gabbert Road to the Highway Network as a
Local Collector and Add "A" Street from Tract No. 5187
(William Lyon Homes) to the Highway Network as a Rural
Collector.
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC -2003- recommending
to the City Council approval of General Plan Amendment
No. 2003 -03. (Continued from June 17, 2003 meeting.)
B. Consider Zoning Ordinance Amendment 2002 -05,
Amendments 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 hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC -2003- recommending
to the City Council approval of Zoning Ordinance
Amendment No. 2002 -05. (Continued from June 17, 2003
meeting.)
C. Consider General Plan Amendment No. 2003 -01, Zone
Change No. 2003 -01, Tentative Tract Map No. 5405, and
Residential Planned Development Permit No. 2003 -01,
for 17 Affordable Single- Family Housing Units on a 2.5
Acre Site Located West of Walnut Canyon Road,
Planning Commission Agenda
July 1, 2003
Page No. 3
Approximately One -Half Mile North of Casey Road.
Applicant: William Lyon Homes (APN: 500 -0- 270 -050)
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
2) Adopt Resolution No. PC -2002- recommending to
the City Council conditional approval of General Plan
Amendment No. 2003 -01, Zone Change No. 2003-
01, Tentative Tract Map No. 5405, and Residential
Planned Development Permit No. 2003 -01.
9. DISCUSSION ITEMS:
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. July 15 and August 5, 2003: Summer Recess /Cancellation
B. August 19, 2003:
11. ADJOURNMENT:
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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 TI).
ITEM: 6.A.
Planning Commission, City of Moorpark, California
Minutes of June 17, 2003
Paqe 1
1 The
Regular
meeting of the Planning Commission was held on June
2 17,
2003, in the City Council Chambers; Moorpark Civic Center;
3 799
Moorpark
Avenue; Moorpark, California; 93021.
4 1. CALL TO ORDER:
5 Chair Landis called the meeting to order at 7:06 p.m.
6 2. PLEDGE OF ALLEGIANCE:
7 Commissioner Lauletta led the Pledge of Allegiance.
8 3. ROLL CALL:
9 Commissioners Lauletta, Peskay, Pozza, and Chair Landis
10 were present. Vice Chair DiCecco was absent
11 Staff attending the meeting included Barry Hogan, Community
12 Development Director; Walter Brown, City Engineer; David
13 Bobardt, Planning Manager; Joseph Fiss, Principal Planner;
14 Scott Wolfe, Principal Planner; Steven Valdez, Planning
15 Technician; and Gail Rice, Administrative Secretary.
16 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
17 None.
18 5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
19 None.
20 6. CONSENT CALENDAR:
21 A. Regular Meeting Minutes of May 20, 2003.
22 B. Special Joint City Council /Planning Commission /Parks
23 and Recreation Commission Meeting of May 17, 2003.
24 MOTION: Commissioner Pozza moved and Commissioner Peskay
25 seconded a motion that the Planning Commission Regular
26 Meeting Minutes of May 20, 2003, and the Special Joint City
27 Council /Planning Commission /Parks and Recreation Commission
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Planning Commission, City of Moorpark, California
Minutes of June 17, 2003
Paqe 2
1 Meeting of May 17, 2003, be approved. (Unanimous 4:0 voice
2 vote, Vice Chair Dicecco was absent.)
3 7. PUBLIC COMMENTS:
4 None.
5 8. PUBLIC HEARINGS:
6 (next Resolution No. 2002 -441)
7
A. Consider Approval
of Minor Modification No. 1 to
8
Commercial
Planned
Development
No. 95 -02 (Mayflower
9
Market) to
Modify
Condition
of Approval No. 27
10
Pertaining
to a Required
Access
Easement. (APN 512 -0-
11
092 -130) Applicant:
John Newton &
Associates.
12 Staff Recommendations: 1) Open the public hearing,
13 accept public testimony and close the public hearing;
14 and 2) Adopt Resolution No. PC -2003- approving
15 Minor Modification No. 1 to Commercial Planned
16 Development No. 95 -02, amending Condition of Approval
17 No. 27 and approving the proposed "blanket" easement.
18
19 Steven Valdez presented the staff report.
20
21 The Commission questioned staff on the driveway and
22 back lot access.
23
24 Chair Landis opened the public hearing.
25
26 John Newton, representative for the applicant was
27 available for questions.
28
29 The Commission had no questions of the applicant.
30
31 Chair Landis closed the public hearing.
32
33 MOTION: Commissioner Peskay moved and Commissioner
34 Lauletta seconded a motion to approve staff recommendations
35 and adopt Resolution No. PC- 2003 -445, approving Minor
36 Modification No. 1 to Commercial Planned Development No.
37 95 -02, amending Condition of Approval No. 27 and approving
38 the proposed "blanket" easement.
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Planning Commission, City of Moorpark, California
Minutes of June 17, 2003
Paae 3
Motion carried with a unanimous 4:0 voice vote. (Vice Chair
DiCecco absent).
B. Consider Tentative Parcel Map No. 5394 for the
Subdivision of an Approximate 2 -Acre Parcel Located at
11820 Darlene Lane into Two (2) Approximately 1 -Acre
Parcels. Applicant: Louis and Diane Miraglia (Assessor
Parcel Number 511 -1- 010 -435)
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC 2003- approving
Tentative Parcel Map No. 5394, subject to conditions.
Scott Wolfe presented the staff report.
Mr. Hogan suggested the following clerical revisions
to the conditions:
• Stamp Page 55; Conditions 9 and 10. Replace
Parcel Map with Building Permit
• Stamp Page 58; Condition No. 26. off -site
improvements ..." should be deleted.
• Stamp Page 60 -61; Condition Nos. 36 -39 already
covered in Condition No. 50 on Page 67 and Should
be deleted.
• Stamp Page 64; Condition No.; item F should be
eliminated
• Stamp Page 71; Condition No. 72. Replace Final
Map with Parcel Map.
• Stamp Page 74; Condition No. 87. Sewer
improvement should be removed. This is a septic
lot.
The Commission questioned staff on access to the flag
lot, drainage, expiration time of the Tentative Parcel
Map expiation and extension, and recommended the
following conditions:
• Page 53; Special Condition No. 1. Approval of
Parcel Map should be clarified as Tentative
Parcel Map.
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Planning Commission, City of Moorpark, California
Minutes of June 17, 2003
Chair Landis opened the public hearing.
John Newton, representative for applicant
Toth, Engineer, were available for questions.
Pacie 4
and Joseph
The Commission had no questions of the applicant.
Chair Landis closed the public hearing.
MOTION: Commissioner Peskay moved and Commissioner Pozza
seconded a motion to approve staff recommendations and
adopt Resolution No. PC- 2003 -446, approving Tentative
Parcel Map No. 5394, as amended to revise conditions.
(Motion carried with a unanimous 4:0 voice vote. Vice Chair
DiCecco absent.)
C. Consider General Plan Amendment No. 2003 -03, Amendment
to the Circulation Element of the General Plan to Add
a Westerly Extension of High Street between Moorpark
Avenue and Gabbert Road to the Highway Network as a
Local Collector and Add "A" Street from Tract No. 5187
(William Lyon Homes) to the Highway Network as a Rural
Collector.
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC -2003- recommending
approval of General Plan Amendment No. 2003 -03.
Dave Bobardt presented the staff report.
The Commission questioned staff on High Street as a
connector to Gabbert Road; Highway 118 bypass; funding
for the project; the design; and "A" Street being part
of the Conditions of Approval for TTM No. 5187.
Chair Landis opened the public hearing.
Mr. Hogan distributed a letter from Brandt - Hawley Law
Group addressed to the Commission on behalf of Colin
Velzaquez in opposition to this proposal.
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Planning Commission, City of Moorpark, California
Minutes of June 17, 2003
Page 5
1 Jayla Haxton and Cindy Hollister residents stating
2 opposition to the proposal.
3
4 One (1) written statement card was received in
5 opposition of the proposal.
6
7 The Commission questioned the speakers on their
8 knowledge of the General Plan and cited that the Casey
9 Road extension was previously approved in the
10 Circulation Element in 1992.
11
12 Chair Landis closed the public hearing.
13
14 The Commission's discussion included a request for
15 staff to provide mapping of developments in the area
16 of the proposed alignments.
17
18 MOTION: Commissioner Pozza moved and Commission Lauletta
19 seconded a motion to continue the agenda item, public
20 hearing open, to the Regular Planning Commission Meeting of
21 July 1, 2003.
22
23 (Motion carried with a unanimous 4:0 voice vote. Vice Chair
24 DiCecco absent.)
25
26 D. Consider Zoning Ordinance Amendment Case No. 2003 -01:
27 Deleting Chapter 5.88 of the Moorpark Municipal Code
28 Regarding Home Occupations, Boutique Sales and Garage
29 Sales and Amending Chapter 17.28.020(B) Regarding Home
30 Occupations and Garage Sales.
31 Staff Recommendations: 1) Open the public hearing,
32 accept public testimony and close the public hearing;
33 2) Adopt Resolution No. PC -2003- recommending to
34 the City Council approval of Zoning Ordinance
35 Amendment No. 2003 -01.
36
37 Joseph Fiss presented the staff report.
38
39 The Commission questioned staff on boutiques; how
40 garage sales are monitored for compliance; multiple
41 garage sales and block sales with multiple
42 participation versus one residence with multiple
43 neighbors selling.
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Planning Commission, City of Moorpark, California
Minutes of June 17, 2003
1
Paae 6
2 Chair Landis opened the public hearing.
3
4 There were no speaker cards or written statement cards
5 submitted.
6
7 Chair Landis closed the public hearing.
8
9 The Commission had no questions of staff.
10
11 MOTION: Commissioner Pozza moved and Commissioner Peskay
12 seconded a motion to approve staff recommendations and
13 adopt Resolution No. PC- 2003 -447 with a revision to address
14 group garage sales.
15 (Motion carried with a unanimous 4:0 voice vote. Vice Chair
16 DiCecco absent.)
17
E. Consider Amendments to Chapters 17.20
(Uses by
Zone) ,
18
17.28 (Standards for Specific
Uses),
17.44
19
(Entitlement - Process and Procedures),
17.60
20
(Amendments to the General Plan,
Specific
Plans,
21
Zoning Map and Zoning Code) and 17.68
(Public Notice).
22
Staff Recommendation: 1) Open the public
hearing,
accept
23
public testimony and continue the public
hearing
open to
24
the July 1, 2003 Planning Commission meeting.
25
Barry Hogan presented the staff report.
26
The Commission questioned staff on the
matrix,
approval
27
authority for CUP's, secondary dwelling
units,
zoning,
28
abbreviations and determination of "significant impact."
29 Chair Landis opened the public hearing.
30
31 There were no speaker cards or written statement cards
32 submitted.
33
34 MOTION: Commissioner Pozza moved and Commission Lauletta
35 seconded a motion to continue the agenda item, public
36 hearing open, to the Regular Planning Commission Meeting of
37 July 1, 2003.
38
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Planning Commission, City of Moorpark, California
Minutes of June 17, 2003
Pacte 7
1 (Motion carried with a unanimous 4:0 voice vote. Vice Chair
2 DiCecco absent.)
3 9. DISCUSSION ITEMS:
4 None.
5 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
6 A. July 1, 2003
7 B. July 15 and August 5, 2003: Summer Recess /Cancellation
8 Mr. Hogan advised the Commission that the two items
9 continued items, Item 8.C. and 8.E., would be heard at the
10 July 1, 2003 meeting, and that the Planning Commission
11 meetings for July 15 and August 5, 2003, would be cancelled
12 for summer recess, as well the City Council meetings of
13 July 16 and August 6, 2003.
14 11. ADJOURNMENT:
15
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MOTION: Commissioner Peskay moved and Commissioner Lauletta
seconded a motion to adjourn the meeting.
(Motion carried with a unanimous 4:0 voice vote. Vice Chair
DiCecco absent.)
The meeting was adjourned at 8:40 p.m.
24 ATTEST:
25
26 Barry K. Hogan
27 Community Development Director
Kipp A. Landis, Chair
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ITEM: 8. A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Direct
Prepared by David A. Bobardt, Planning Mana er
DATE: June 23, 2003 (PC Meeting of 07/01/2003)
SUBJECT: Consider General Plan Amendment No. 2003 -03: Amendment to
the Circulation Element of the General Plan to Add a
Westerly Extension of High Street between Moorpark Avenue
and Gabbert Road to the Highway Network as a Local
Collector and Add "A" Street from Tract No. 5187 (William
Lyon Homes) to the Highway Network as a Rural Collector.
BACKGROUND
On June 17, 2003, the Planning Commission opened a hearing to
consider the addition of two collector roads to the City's
Circulation Element Highway Network. The staff report is attached
as Attachment 1. Questions were raised by members of the public
about the location of the proposed collectors (and the State Route
118 Bypass /North Hills Parkway) in relationship to the houses in
the vicinity of Gabbert Road north of the railroad tracks. The
Planning Commission continued the matter, with the public hearing
open, to allow staff to provide additional information on the
alignments of future roads.
DISCUSSION
The Circulation Element Highway Network (Attachment 2) is a plan of
major streets with different capacities to serve Moorpark's
existing and future land uses. The Highway Network shows road
connections; however, as stated on the exhibit, it does not include
precise alignments. Final street alignments are determined through
the development review process, and are only precisely established
when a precise alignment study is adopted by the Council or when a
subdivision map or offer of street dedication is approved for
recordation.
Attachment 3 shows the approximate location of the alignments of
the planned and proposed Circulation Element Highway Network
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streets superimposed on an aerial photograph of the area. These
alignments are based on proposed and approved development projects
as described below.
• The Casey Road extension alignment as shown is proposed as
part of the original design for the Hitch Ranch project. Its
distance from the railroad tracks at Gabbert Road is an issue
that would have to be resolved at the time of intersection
design to ensure a safe railroad crossing. Under the proposed
amendment to the Circulation Element currently under
consideration, the western portion of planned Casey Road
extension would be essentially renamed and used as the
extension of High Street and the eastern portion of the Casey
Road extension would "T" into the High Street extension.
• The High Street extension alignment shown is proposed as an
alternative design submitted for the Hitch Ranch project now
being processed by the Community Development Department.
• Tract 5187 "A" Street alignment is shown with the northern
section as approved as part of the subdivision, and the
southern section alignment estimated based on proposed plans
for Hitch Ranch.
• The SR -118 Bypass /North Hills Parkway alignment is shown as
approved on an industrial subdivision (Vesting Tentative Tract
Map No. 5147) to the west, and as proposed as part of the
Hitch Ranch and MGA Development projects through to Walnut
Canyon Road. This path generally follows an alignment
prepared by Caltrans in the early 1990's when the City's
General Plan Land Use and Circulation Elements were being
prepared. An undercrossing is planned where the road crosses
the railroad tracks south of the approved industrial
subdivision.
STAFF RECONdENDATIONS
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2003- recommending to the City
Council approval of General Plan Amendment No. 2003 -03.
ATTACHMENTS:
1. Staff Report from June 17, 2003 Planning Commission Meeting
(with attachments).
2. Circulation Element Highway Network Map (September 1999).
3. Approximate Alignments of Future Roadways in Circulation
Element Including Proposed Additions as Part of General Plan
Amendment No. 2003 -03.
000009
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo �,
Prepared by: David A. Bobardt, Planning Mana R�
DATE: June 9, 2003 (PC Meeting of 06/17/2003)
SUBJECT: Consider General Plan Amendment No. 2003 -03: Amendment to
the Circulation Element of the General Plan to Add a
Westerly Extension of High Street between Moorpark Avenue
and Gabbert Road to the Highway Network as a Local
Collector and Add "A" Street from Tract No. 5187 (William
Lyon Homes) to the Highway Network as a Rural Collector.
BACKGROUND
On February 6, 2002, the City Council approved Vesting Tentative
Tract Map No. 5187 for 250 houses on the application of West Pointe
Homes (now William Lyon Homes). One of the Conditions of Approval
was for the subdivider to fund an amendment to the Circulation
Element of the General Plan to designate the main access road from
Walnut Canyon Road, "A" Street, as a rural collector. Action by
City Council on the amendment is required prior to occupancy of the
first house in the subdivision. On May 21, 2003, the City Council
adopted a resolution to initiate the processing of an amendment to
the Circulation Element to add a westerly extension of High Street
between Moorpark Avenue and Gabbert Road to the Highway Network as
a local collector. General Plan Amendment No. 2003 -03 would
address both of these Council- initiated amendments. A map showing
the proposed changes to the Highway Network is included as Exhibit
A of the attached draft Planning Commission Resolution (Attachment
2).
DISCUSSION
The Circulation Element of the General Plan provides a planned
network of streets to serve Moorpark's existing and future land
uses. Major surface streets are categorized as collectors and
arterials, depending on their function and planned traffic
capacity. Collector streets are typically designed to carry
traffic between local streets and wider, busier, arterial streets.
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Arterial streets are typically designed to carry higher levels of
traffic across larger areas, connecting collector streets and
providing access to freeways. The City's Circulation Element was
adopted in 1992 and last amended in 1999.
A. Westerly Extension of Sigh Street between Moorpark Avenue
and Gabbert Road to the Highway Network as a Local Collector
The Circulation Element designates High Street between Spring Road
and Moorpark Avenue as a local collector street. East of Spring
Road, High Street turns into Los Angeles Avenue and is designated
as a rural collector, a classification for roads that would carry
slightly more traffic than a local collector. West of Moorpark
Avenue, High Street extends approximately 400 feet within a 40 -foot
wide right -of -way, and is not currently included on the Circulation
Element highway network.
Several current project proposals, including the Hitch Ranch
Specific Plan (Specific Plan Area 1), the old Moorpark High School
site Specific Plan (Specific Plan Area 9) and the proposed new
Civic Center are located north of the Ventura County Transportation
Commission (VCTC) railroad tracks and west of Moorpark Avenue. A
western extension of Casey Road is the only planned collector
street to serve this future development, which could include over
700 houses according to the Land Use Element of the General Plan.
A western extension of High Street as an additional local collector
road would provide a more direct route to the downtown core than
Casey Road.
Local collector roads are identified in the Circulation Element as
two -lane roadways with typical right -of -way widths of 50 -70 feet
and curb to curb pavement widths of 36 -54 feet. Adding such a road
to the Circulation Element Highway Network plan would ensure proper
dedication and improvements when development projects are approved.
It would also ensure that such a route is accounted for in traffic
studies for development projects.
The existing Circulation Element shows Casey Road, a local
collector, extending southwest from its current terminus to a point
adjacent to the VCTC railroad tracks, continuing west parallel to
the railroad tracks, ultimately intersecting with Gabbert Road
north of the railroad tracks. The proposed amendment would have
Casey Road extend southwest from its existing terminus until it
connects with the proposed High Street extension. The proposed
High Street extension would then serve as the local connector west
to Gabbert Road, avoiding a duplicative highway network.
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Honorable Planning Commission
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B. "A" Street from Tract No. 5187 (William Lyon Homes) to the
Highway Network as a Rural Collector
"A" Street was approved with the condition that a General Plan
Amendment be funded by the subdivider to designate "A" Street as a
rural collector. The Circulation Element identifies rural
collectors as two- to four -lane roadways with typical rights -of -way
of 70 -90 feet and curb to curb pavement widths of 54 -64 feet. An
upgrade from two (2) to four (4) lanes is determined as development
occurs. "A" Street serves as the main access road for Vesting
Tentative Tract Map No. 5187, a 250 -house subdivision west of
Walnut Canyon Road. It is planned to ultimately connect with the
State Route 118 Bypass (or North Hills Parkway). Although proposed
to be improved with two (2) lanes at the present time, traffic
patterns as the City approaches buildout may ultimately show the
need for four (4) lanes, depending on what other roadway
improvements are funded and completed. A designation as a rural
collector will preserve the option to widen this road to four (4)
lanes in the future, should the need arise.
PROCESSING TIME LIMITS
Time limits established for the processing of development projects
under the Permit Streamlining Act (Government Code Title 7,
Division 1, Chapter 4.5), the Subdivision Map Act (Government Code
Title 7, Division 2), and the California Environmental Quality Act
(CEQA) Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3) do not
apply to this proposed General Plan Amendment since it is a public
project.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific category
listed in CEQA. Other projects may be exempt under a general rule
that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect
upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study to assess
the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may
determine that a project will not have a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
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Honorable Planning Commission
June 17, 2003
Page 4
prepared. For many projects, a Negative Declaration or Mitigated
Negative Declaration will prove to be sufficient environmental
documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation
cannot be readily identified, an Environmental Impact Report (EIR)
is prepared.
The Director has prepared or supervised the preparation of an
Initial Study to assess the potential significant impacts of this
project. Based upon the Initial Study, the Director has determined
that there is no substantial evidence that the project or any of
its aspects may cause a significant effect on the environment and
has prepared a Negative Declaration for Planning Commission review
and consideration before making a recommendation on the proposed
General Plan Amendment. The Initial Study and proposed Negative
Declaration are attached as Attachment 1.
STAFF RECOWENDATIONS
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2003- recommending to the City
Council approval of General Plan Amendment No. 2003 -03.
ATTACHMENTS:
1. Initial Study and Negative Declaration
2. Draft Planning Commission Resolution
000013
K NEGATIVE DECLARATION
0
x CITY OF MOORPARK
_ 799 MOORPARK AVENUE
_ MOORPARK, CA 93021
• (805) 517 -6200
The following Negative Declaration has been prepared in accordance with the California Environmental
Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of
Moorpark.
Public Review Period: June 6, 2003 to June 26, 2003
Project Title /Case No.: General Plan Amendment No. 2003 -03:
Circulation Element Amendment — Addition of High Street Westerly Extension
and "A" Street Tract 5187 to Highway Network
Project Location: Moorpark, Ventura County.
Project Description: A. The addition of a westerly extension of High Street to the Circulation
Element Highway Network as a local collector between Moorpark Avenue and
Gabbert Road.
B. The addition of "A" Street in Tract 5187 to the Circulation Element Highway
Network as a rural collector.
Project Type:
Project Applicant:
Private Project
City of Moorpark
X Public Project
Finding: After preparing an Initial Study for the above - referenced project, it is found that
there is no substantial evidence, in light of the whole record before the City of
Moorpark, that the project may have a significant effect on the environment.
(Initial Study Attached)
Responsible Agencies:
Trustee Agencies
Attachments:
None.
None.
Location Map
Environmental Information Form
Initial Study
Contact Person: David A. Bobardt
Community Development Department
City of Moorpark
799 Moorpark Avenue
Moorpark, California, 93021
(805) 517 -6281
PC ATTACHMENT 1
S1Community Development\DEV PMTSIG P A12003t -03 High St & A WEnvironmentahProposed ND.doc W."0014
Circulation Element Amendment
GPA 2003 -03
CITY OF MOORPARK INITIAL STUDY
799 MOORPARK AVENUE
MOORPARK, CA 93021
(805) 517 -6200
Project Title: Circulation Element Amendment Case No.: GPA 2003 -03
Contact Person and Phone No.: David A. Bobardt (805) 517 -6281
Name of Applicant: City of Moorpark
Address and Phone No.: 799 Moorpark Avenue, Moorpark, CA 93021
Project Location: A. West of Moorpark Avenue, North of VCTC Railroad ROW
B. West of Walnut Canyon Road, approx. 2/3 mile north of Casey Road
General Plan Designation: Spec. Plan, General Comm. Zoning: C -OT, M2, RE, AE, OS, RPD
Open Space, Med -Low Resid.
Project Description: A. The addition of a westerly extension of High Street to the Circulation Element
Highway Network as a local collector between Moorpark Avenue and Gabbert Road. B. The addition of "A"
Street in Tract 5187 to the Circulation Element Highway Network as a rural collector.
Surrounding Land Uses and Setting:
North: A. Commercial uses, vacant mobile home park, open space. B. Open space.
South: A. VCTC railroad tracks B. Open space.
East A. Commercial uses on Moorpark Ave/High Street. B. VC Waterworks District #1.
West: A. Open space. B. Open space.
Responsible and Trustee Agencies: None.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially
Si nificant Impact" or Potentially Significant Unless Mitigated, "as indicated by the checklist on the following pages.
Aesthetics Agricultural Resources Air Quality
Biological Resources Cultural Resources Geology /Soils
Hazards and Hazardous Materials Hydrology/Water Quality Land Use/Planning
Mineral Resources Noise Population/Housing
Public Services Recreation Transportationlrraffic
Utilities/Service Systems Mandatory Findings of Significance rXI None
DETERMINATION: On the basis of this initial evaluation, I find that the proposed project could not have a
significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
Prepared by: !Lc /% .. r Reviewed by:
Date: 2oy Date: 6�bt
00015
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
A. AESTHETICS — Would the project:
1) Have a substantial adverse effect on a scenic vista? X
2) Substantially damage scenic resources, including, but X
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
3) Substantially degrade the existing visual character or X
quality of the site and its surroundings?
4) Create a new source of substantial light or glare which X
would adversely affect day or nighttime views in the
area?
Response: A. An extension of High Street to the west would parallel Poindexter Avenue south of the
railroad tracks and would not be expected to pose new significant adverse visual impacts due
to its relatively low elevation. B. "A" Street in Tract 5187 was evaluated in an Environmental
Impact Report and was found to have no significant aesthetic impacts.
Sources: General Plan Land Use Element (1992), Final EIR for Vesting Tentative Tract No. 5187.
Mitigation: None required.
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are
significant environmental effects, the City of Moorpark may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project:
1) Convert Prime Farmland, Unique Farmland, or Farmland x
of Statewide Importance (Farmland), as shown on
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
agency, to non - agricultural use?
2) Conflict with existing zoning for agricultural use, or a X
Williamson Act contract?
3) Involve other changes in the existing environment which, X
due to their location or nature, could result in
conversion of Farmland, to non - agricultural use?
Response: The property involved for both project sites is not mapped as significant farmland and is not
in agricultural use.
Sources: California Dep't of Conservation: Ventura County Important Farmland Map (2000)
Mitigation: None required.
C. AIR QUALITY — Would the project:
2 000016
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
1) Conflict with or obstruct implementation of the applicable x
air quality plan?
2) Violate any air quality standard or contribute X
substantially to an existing or projected air quality
violation?
3) Result in a cumulatively considerable net increase of any X
criteria pollutant for which the project region is non
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions
which exceed quantitative thresholds for ozone
precursors)?
4) Expose sensitive receptors to substantial pollutant X
concentrations?
5) Create objectionable odors affecting a substantial number X
of people?
Response: A. The extension of High Street as a local collector would provide more convenient access
between future residents and downtown Moorpark and is not located adjacent to any
sensitive uses. B. "A" Street in Tract No. 5187 is an approved access road as part of a
residential development.
Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment
Guidelines (2000)
Mitigation: None required.
D. BIOLOGICAL RESOURCES — Would the project
1) Have a substantial adverse effect, either directly or
x
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife Service?
2) Have a substantial adverse effect on any riparian habitat
X
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
3) Have a substantial adverse effect on federally protected
X
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
4) Interfere substantially with the movement of any native
X
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
5) Conflict with any local policies or ordinances protecting
X
biological resources, such as a tree preservation policy
or ordinance?
6) Conflict with the provisions of an adopted Habitat X
3 010,0017
Potentially
Significant
Im pact
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation pian-!
Circul
Less Than
Significant
With
Miti ation
ation Element Amendment
GPA 2003 -03
Less Than
Significant No
Impact Impact
Response: A. The extension of High Street would follow an area previously disturbed for the construction
of an access road along a flood control channel. B. The development of this road has been
fully evaluates as part of the Environmental Impact Report prepared for Vesting Tentative
Tract No. 5187. Significant biological impacts have been mitigated with the setting aside of a
conservation easement area. No additional impacts would result through the designation of
"A" Street as a local collector.
Sources: Final EIR for Vesting Tentative Tract No. 5187
Mitigation: None required.
E. CULTURAL RESOURCES — Would the project:
1) Cause a substantial adverse change in the significance of x
a historic resource as defined in §15064.5?
2) Cause a substantial adverse change in the significance of X
an archaeological resource pursuant to §15064.5?
3) Directly or indirectly destroy a unique paleontological x
resource or site or unique geologic feature?
4) Disturb any human remains, including those interred x
outside of formal cemeteries?
Response: A. The area for the proposed extension of High Street has already been graded, reducing the
likelihood for cultural resources. B. Mitigation included in the Final EIR for Tract 5187 will
reduce impacts to a less than significant level.
Sources: Final EIR for Vesting Tentative Tract No. 5187
Mitigation: None required.
F. GEOLOGY AND SOILS — Would the project:
1) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
Involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist -Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic - related ground failure, including liquefaction?
iv) Landslides?
2) Result in substantial soil erosion or the loss of topsoil?
4
x
x
x
X
x
010,0018
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant
Significant With
Impact Mitigation
3) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or collapse?
4) Be located on expansive soil, as defined in Table 18-1 -B
of the Uniform Building Code (1994), creating substantial
risks to life or property?
5) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not-available for the disposal of waste
Less Than
Significant No
Impact Impact
X
X
Response: A. The area proposed for the extension of High Street is relatively flat. All roads will be
developed in accordance with industry standards, which would reduce any potential hazards
to a less -than significant level.
Sources: General Plan Safety Element (2001)
Mitigation: None required.
G. HAZARDS AND HAZARDOUS MATERIALS — Would the project:
1) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
X
2) Create a significant hazard to the public or the X
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
3) Emit hazardous emission or handle hazardous or acutely X
hazardous materials, substances, or waste within one -
quarter mile of an existing or proposed school?
4) Be located on a site which is included on a list of X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
5) For a project located within an airport land use plan or, X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
6) For a project within the vicinity of a private airstrip, would X
the project result in a safety hazard for people residing or
working in the project area?
7) Impair implementation of or physically interfere with an X
adopted emergency response plan or emergency
evacuation plan?
8) Expose people or structures to a significant risk of loss, X
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
5 0'0019
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
M
Response: The designation of additional collector roadways on the Highway Network of the Circulation
Element would provide additional access to local land uses, reducing potential hazards
associated with limited access by emergency equipment.
Sources: General Plan Safety Element (2001), Final EIR for Vesting Tentative Tract No. 5187
Mitigation: None required.
H. HYDROLOGY AND WATER QUALITY — Would the project:
1) Violate any water quality standards or waste discharge
requirements?
2) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of pre - existing nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted)?
3) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of
a stream or river, in a manner which would result in
substantial erosion or siltation on- or off -site?
4) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of
a stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result
in flooding on- or off -site?
5) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
6) Otherwise substantially degrade water quality?
7) Place housing within a 100 -year flood hazard area as
mapped on a federal Flood Hazard boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
8) Place within a 100 -year flood hazard area structures which
would impede or redirect flood flows?
9) Expose people or structures to a significant risk of loss,
injury or death involving i) flooding, including flooding as
a result of the failure of a levee or dam?
ii) inundation by seiche, tsunami, or mudflow?
X
X
X
X
X
X
X
X
X
X
Response: The design and construction of the roads will comply with all applicable stormwater quality
standards.
Sources: General Plan Safety Element (2001), Final EIR for Vesting Tentative Tract No. 5187
Mitigation: None required.
s 000020
Potentially
Significant
Impact
I. LAND USE AND PLANNING — Would the project:
1) Physically divide an established community?
2) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect?
3) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
Circulation Element Amendment
GPA 2003 -03
Less Than
Significant Less Than
With Significant No
Mitigation Impact Impact
X
X
X
Response: The extension of High Street would parallel existing railroad tracks. "A" Street would primarily
provide access local streets for 250 new houses.
Sources: General Plan Land Use and Circulation Element (1992)
Mitigation: None required.
J. MINERAL RESOURCES — Would the project:
1) Result in the loss of availability of a known mineral X
resource that would be of value to the region and the
residents of the state?
2) Result in the loss of availability of a locally- important X
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Response: No known mineral resources are located on the areas proposed for either of the two collector
streets.
Sources: General Plan Open Space, Conservation, and Recreation Element (1986), Final EIR for
Vesting Tentative Tract No. 5187
Mitigation: None required.
K. NOISE — Would the project result in:
1) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
2) Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels?
3) A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
4) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
7
X
X
X
X
000021
5) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
6) For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
project area to excessive noise levels?
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
x
Response: The proposed collector streets will serve new residential uses and will not impact existing
residential uses.
Sources: General Plan Noise Element (1998)
Mitigation: None required.
X
L. POPULATION AND HOUSING — Would the project:
1) Induce substantial population growth in an area, either x
directly ( for example, by proposing new homes and
businesses) or indirectly ( for example, through
extension of roads or other infrastructure)?
2) Displace substantial numbers of existing housing, X
necessitating the construction of replacement housing
elsewhere?
3) Displace substantial numbers of people, necessitating the X
construction of replacement housing elsewhere?
Response: The proposed collector streets will serve new land uses consistent with the City's General
Plan.
Sources: General Plan Land Use and Circulation Element (1992)
Mitigation: None required.
M. PUBLIC SERVICES
1) Would the project result in substantial adverse physical
impacts associated with the provision of new or
physically altered governmental facilities, need for new
or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
x
X
X
X
X
0`0022
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
impact mitigation impact impact
Response: The provision of additional collector roads will enhance the ability of the City to provide public
services.
Sources: General Plan Safety Element (2001), General Plan Open Space, Conservation, and
Recreation Element (1986)
Mitigation: None required.
N. RECREATION
1) Would the project increase the use of existing
X
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
2) Does the project include recreational facilities or require X
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
Response: The addition of two collector streets to the City's Highway Network would not affect demand
for recreational facilities.
Sources: General Plan Open Space, Conservation, and Recreation Element (1986)
Mitigation: None required.
O. TRANSPORTATION[TRAFFIC — Would the project:
1) Cause an increase in traffic which is substantial in relation X
to the existing traffic load and capacity of the street
system (i.e., result in a substantial increase in either the
number of vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)?
2) Exceed, either individually or cumulatively, a level of X
service standard established by the county congestion
management agency for designated roads or highways?
3) Result in a change in air traffic patterns, including either X
an increase in traffic levels or a change in location that
results in substantial safety risks?
4) Substantially increase hazards due to a design feature X
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
5) Result in inadequate emergency access? X
6) Result in inadequate parking capacity? X
7) Conflict with adopted policies, plans, or programs X
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
9 0'0023
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
impact Mitigation impact Im act
Response: The extension of High Street would enhance access between future residences and
downtown Moorpark. "A" Street is an approved Street to serve as the main access road for
250 new houses.
Sources: General Plan Land Use and Circulation Element (1992), Final EIR for Vesting Tentative Tract
No. 5187
Mitigation: None required.
P. UTILITIES AND SERVICE SYSTEMS — Would the project:
1) Exceed wastewater treatment requirements of the X
applicable Regional Water Quality Control Board?
2) Require or result in the construction of new water or X
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
3) Require or result in the construction of new storm water x
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
4) Have sufficient water supplies available to serve the X
project from existing entitlements and resources, or are
new or expanded entitlements needed?
5) Result in a determination by the wastewater treatment X
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
6) Be served by the landfill with sufficient permitted capacity x
to accommodate the project's solid waste disposal
needs?
7) Comply with federal, state, and local statutes and X
regulations related to solid waste?
Response: The collector streets would be constructed in accordance with industry standards, including
compliance with all applicable stormwater quality standards.
Sources: Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater
Quality Control Measures (2002)
Mitigation: None required.
10 000024
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation impact Impact
Q. MANDATORY FINDINGS OF SIGNIFICANCE
1) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self - sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history of prehistory?
2) Does the project have impacts that are individually limited, X
but cumulatively considerable? ('Cumulatively
considerable' means that the incremental effect of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and effects of probable future projects)?
3) Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
Response: The extension of High Street as a local collector will ensure convenient access to downtown
Moorpark when Specific Plan Area 1 is developed. The designation of "A" Street as a rural
collector was required as a condition of Vesting Tentative Tract No. 5187 to ensure that the
main access road to the 250 -house development is will be built to proper dimensions.
Sources: General Plan Land Use and Circulation Element (1992), Final EIR for Vesting Tentative Tract
No. 5187
Earlier Environmental Documents Used in the Preparation of this Initial Study
Final EIR for Tentative Tract No. 5187
Additional Project References Used to Prepare This Initial Study
One or more of the following references were incorporated into the Initial Study by
reference, and are available for review in the Community Development Office, City Hall,
799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the
Response Section of the Initial Study Checklist.
The City of Moorpark's General Plan, as amended.
2. The Moorpark Municipal Code, as amended.
3. The City of Moorpark Procedures for the Implementation of the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92-872
4. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title
14 Section 15000 et. seq.
5. Ventura County Air Quality Assessment Guidelines, November 14, 2000.
11 000025
RESOLUTION NO. PC -2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT
NO. 2003 -03, AN AMENDMENT TO THE CIRCULATION
ELEMENT TO: A.) ADD A WESTERLY EXTENSION OF HIGH
STREET BETWEEN MOORPARK AVENUE AND GABBERT ROAD
TO THE HIGHWAY NETWORK AS A LOCAL COLLECTOR; AND
B.) ADD "A" STREET FROM TRACT NO. 5187 (WILLIAM
LYON HOMES) TO THE HIGHWAY NETWORK AS A RURAL
COLLECTOR
WHEREAS, on February 6, 2002, the City Council approved
Vesting Tentative Tract Map No. 5187 with a condition that the
subdivider fund an amendment to the Circulation Element Highway
Network by adding "A" Street as a rural collector; and
WHEREAS, on May 21, 2003, the City Council directed the
Planning Commission to study, set a public hearing, and provide
a recommendation pertaining to an amendment to the Circulation
Element Highway Network by adding a westerly extension of High
Street between Moorpark Avenue and Gabbert Road as a local
collector; and
WHEREAS, at its meeting of June 17, 2003, the Planning
Commission conducted a duly- noticed public hearing to consider
General Plan Amendment No. 2003 -03, an amendment to the
Circulation Element to: A.) add a westerly extension of High
Street between Moorpark Avenue and Gabbert Road to the Highway
Network as a Local Collector; and B.) add "A" Street from Tract
No. 5187 (William Lyon Homes) to the Highway Network as a Rural
Collector; and
WHEREAS, the Planning Commission has read, reviewed, and
considered the proposed Negative Declaration prepared on behalf
of the General Plan Amendment No. 2003 -03; and
WHEREAS, at its meeting of June 17, 2003, the Planning
Commission considered the agenda report and any supplements
thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against
the proposal; closed the public hearing; and reached a decision
on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
PC ATTACEMNT 2
000026
Resolution No. PC -2003-
Page 2
SECTION 1. RECOMMENDATION: The Planning Commission
recommends to the City Council approval of General Plan
Amendment No. 2003 -03 to: A.) add a westerly extension of High
Street between Moorpark Avenue and Gabbert Road to the Highway
Network as a Local Collector; and B.) add "A" Street from Tract
No. 5187 (William Lyon Homes) to the Highway Network as a Rural
Collector as shown in Exhibit A.
SECTION 2. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED this 17th DAY OF JUNE, 2003.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A: Proposed Changes to the Circulation Element Highway
Network
\ \mor_pri_sery \City Share \Community Development \DEV PMTS \G P A \2003 \ -03 High St & A St \Ordinances
and Resolutions \030617 PC Reso.doc
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September 1999
PC ATTACHMENT 2
000029
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ITEM: 8. B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Director
DATE: June 24, 2003 (PC Meeting of 7/1/03)
SUBJECT: Consider Zoning Ordinance Amendment 2002 -05, Amendments
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 /DISCUSSION
This matter was introduced by staff and a public hearing was opened
by the Planning Commission at the June 17, 2003 meeting. Upon
recommendation of staff, the Commission continued the matter,
public hearing open, to the meeting of July 1, 2003, to allow the
public and the Commission additional time to fully consider the
proposal. The original staff report is attached for reference.
Since the Planning Commission hearing on June 17, 2003, the
Community Development Department staff received comments from the
City Attorney on the proposed ordinance. Minor changes have been
made to the ordinance to reflect the recommendations of the City
Attorney, as well as to address comments made by the Planning
Commission. Two substantial changes have been made to the draft
ordinance since last reviewed by the Planning Commission. First,
thresholds for Planned Development Permits are included based on
the size of the development, not on the type of use. The intent of
the Planned Development Permit is to ensure cohesive design in
larger projects. For residential projects, staff is recommending
that Planned Development Permits be required for residential
projects of five (5) or more units in all residential zones. For
commercial and industrial projects, staff is recommending that
Planned Development Permits be required for all development of
10,000 square feet or more in all commercial and industrial zones.
The second change to the draft ordinance is the establishment of
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Honorable Planning Commission
June 17, 2003
Page 2
specific findings for Planned Development Permits in Section
17.44.040(C).
STAFF RECOIrIIrSEMATIONS
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2003- recommending to the City
Council approval of Zoning Ordinance Amendment No. 2002 -05.
Attachment:
Staff Report from June 17, 2003 Meeting (with modifications to
Exhibits A, B and C attached to the Draft Resolution)
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MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Director
DATE: June 4, 2003 (PC Meeting of 6/17/03)
SUBJECT: Consider Amendments 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
At the September 9, 2002 Planning Commission meeting, staff
reviewed its proposed changes to the entitlement section of the
Zoning Ordinance with the Commission. A general discussion of the
uses allowed by the Zoning Ordinance also occurred at this meeting.
Based upon direction received from the Commission, staff has
prepared proposed amendments to five (5) sections of the Zoning
Ordinance for the Planning Commission's consideration and
recommendation. The amendments simplify, clarify and consolidate
the entitlement process. Three (3) Council resolutions directing
the Planning Commission to study and provide recommendations on
changes to the Zoning Ordinance, Resolution No. 2002 -1963 regarding
second unit size, Resolution No. 98 -1423 regarding outdoor seating
for restaurants, and Resolution No. 96 -1237 regarding allowing
recreation vehicle storage in the Commercial Planned Development
(CPD) zone are addressed in the proposed amendments.
DISCUSSION
Existing Regulations
Entitlements: 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 through permit adjustments,
PC ATTACHMENT 0 0033
Honorable Planning Commission
June 17, 2003
Page 2
minor modifications, or major modifications are also covered in
this chapter.
General Plan and Zoning Amendments: Chapter 17.60 of the Zoning
Ordinance covers the procedures for the filing and action on
general plan amendments, specific plan amendments and changes to
the zoning code and zoning map.
Public Notices: Chapter 17.68 of the Zoning Ordinance covers the
procedures for public notification signs when a public hearing is
required.
Uses by Zone: Chapter 17.20 of the Zoning Ordinance covers those
uses that are allowed in each zone and the entitlement permit
required prior to construction or occupancy.
Standards for Specific Uses: Chapter 17.28 of the Zoning Ordinance
covers the standards for specific uses where the City has
determined that specific standards need to be applied.
Proposed Regulations
Entitlements: The proposed amendment to this chapter clarifies and
simplifies the entit',�ment process. Almost all of the entitlement
applications remai. with the exception of minor and major
modifications. For modifications to approved entitlements two (2)
processes are now suggested, permit adjustment and modification.
Permit adjustment approval would be granted by the Community
Development Director when it does not involve a change to the
language of a condition of approval but merely an interpretation.
This would involve such items as minor changes to a site plan,
addition of a use which is similar in nature to an approved use in
a planned development, or a change of building material or color.
A modification would be a change to the conditions of approval or a
substantive change to the design of the project such that the
project redesign does not resemble the approved application.
Modifications can only be approved by the original decision - making
authority (i.e. the City Council in most cases). Findings for
planned development permits would focus on design rather than
mimicking the findings for conditional use permit.
General Plan Amendments: The proposed amendment to this chapter is
to consolidate its requirements under the Entitlement chapter.
Minor adjustments to language have been made to be consistent with
the overall language of the Entitlement chapter.
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June 17, 2003
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Public Notices: The proposed amendment to this chapter is to
consolidate its requirements under the Entitlement chapter. All
other requirements remain the same.
Uses by Zone: The proposed amendment to this chapter removes those
uses which are never likely to be in the City, eliminates
duplication of uses, incorporates some minor standards for
development of certain uses, organizes the uses alphabetically and
provides for new more current uses. The uses have been organized
into a "use matrix" for easy use and symbols have been replaced by
the entitlement application abbreviation. In this section staff has
addressed the issues of outdoor seating for restaurants and
recreation vehicle storage.
Standards for Specific Uses: The amendment to this chapter
transfers some of the minor standards to the use matrix, makes
minor revisions to the second dwelling unit section to comply with
the latest revisions to state law (AB 1866), and deletes specific
standards for oil and gas production, mining and reclamation,
campgrounds, camps, retreats, golf courses, buildings for the
growing of crops and temporary pet vaccination clinics. To bring
the City's standards for second units into consistency with AB 1866
the proposed changes would allow second units through the approval
of Zoning Clearance when the standards are met, remove the
notification requirement and require additional parking on the
basis of the number of bedrooms. The City Council also directed
that staff examine the unit size for second units. This issue has
been addressed by removing the 30% restriction as to the size of
the second unit since the size of the second unit is already
controlled. Staff has also added a provision that the second unit
shall not be larger than the primary unit.
ENVIRONMENTAL DOCUMENTATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific category
listed in CEQA. Other projects may be exempt under a general rule
that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect
upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study to assess
the level of potential environmental impacts.
The Director has reviewed this project and found it to qualify for
a General Rule Exemption in accordance with Section 15061 of
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California Code of Regulations (CEQA Guidelines). No further
environmental documentation is required.
STAFF RECOMENDATION
Open the public hearing, accept public testimony and continue the
public hearing open to the July 1, 2003 Planning Commission
meeting.
Attachment:
1.
Existing
Chapter
17.20
2.
Existing
Chapter
17.28
3.
Existing
Chapter
17.44
4.
Existing
Chapter
17.60
5.
Existing
Chapter
17.68
6.
Draft PC
Resolution
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EXISTING ZONING ORDINANCE
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.
Section 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)
Section 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
Permitted by zone clearance
n Administrative permit
I Planning commission - approved planned
development permit
City council- approved planned development
permit
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 abandonment and termination status of the use, and therefore, new uses shall be
required to conform to the conditional use permit requirement."
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.
PC ATTACHMENT 1 000037
EXISTING ZONING ORDINANCE
1. Retail Sales in Industrial Zones. Retail sales may be allowed in industrial zones under the
following provisions:
a. That the areas used for retail may not exceed twenty percent (20 %) 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 informational 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 containing no principal use;
6. Retail sales from wheeled vehicles, except as permitted pursuant to Section 17.20.040R.
(Ord. 189 § 3 (8105 -1), 1994)
Section 17.20.030 Uses not listed.
Where a proposed land use is not identified in this chapter, 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 equivalent to listed uses shall be recorded
by the planning department, and shall be considered for incorporation into the zoning ordinance
in the next scheduled ordinance amendment. (Ord. 189 § 3 (8105-2),1994)
Section 17.20.040 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:
1 #fl
EXISTING ZONING ORDINANCE
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;
N. Sales or leasing of commercial or industrial office space within an existing building on
the same site as the unit or units being sold or leased;
O. Play structures, outdoor furniture, and the like, which are exempt from setback
requirements pursuant to Section 17.24.040;
P. Temporary filming that meets any of the following criteria:
1. Is for current news programs,
2. Is within an existing building,
3. Is during daylight hours for one (1) day in any seven (7) day period, provided that such
filming does not involve open flames, explosives, or the construction of sets or other structures;
Q. Grading, except for that which is proposed within an overlay zone and requires a
discretionary permit pursuant to Chapter 17.36;
R. The following types of retail sales from wheeled vehicles, subject to the requirements of
all other city departments:
1. Trucks from which food is sold to employees of commercial and industrial businesses
along a predetermined route, provided that such trucks are not in any location for more than one -
half hour per day, and
2. Vehicles parked on the site of a permitted swap meet, carnival, outdoor festival or similar
event, and selling food during such event. (Ord. 189 § 3 (8105 -3), 1994)
Section 17.20.050 Permitted uses in open space, agricultural and special purpose zones.
Permitted uses in open space, agricultural and special purpose zones are set out in Table
17.20.050.
Note: An approved residential planned development permit is required for five (5) or
more lots in the RA, RO, R -1 and RE zones.
The key for Table 17.20.050 is as follows:
[Blank] Not permitted
♦ Permitted by zone clearance
■ Administrative permit
• Planning commission- approved planned
development permit
000039
EXISTING ZONING ORDINANCE
_ City council- approved planned development
permit
O Planning commission - approved conditional
use permit
City council- approved conditional use permit
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND
SPECIAL PURPOSE ZONES
O'C "0040
OS
AE
RA
RE
RO
R1
R2
RPD
TP
I
Agriculture and agricultural operations
no retail except as indicated).
Animal husbandry: Without
structures'
With structures: total
GFA per lot:
Up to 1,000
sq. ft.
;7
Over 1,000 to
5,000 sq. ft.
♦
♦
O
Over 5,000 to
20,000 s . ft.
♦
♦
O
Over 20,000
to 100,000 sq. ft.
O
O
Over 100,000
.ft.
O
O
Apiculture 2
♦
♦
♦
Fish farms
O
O
O
O
O
More animals than are
permitted by Section
17.28.030C
O
O
O
Contractors service and storage yards
and buildings
O
O
O
Crop production
Wholesale nursery
♦
♦
♦
♦
♦
♦
♦
♦
0
Firewood operations
O
O
O
Greenhouse, hothouses and
the like: total GFA per lot:Z
Up to 1,000 sq. ft.
1,000 to 20,000 sq. ft.
♦
♦
O
20,000 to 100,000 sq.
ft.
O
O
O
Over 100,000 sq. ft.
O
O
Packing or prelim. processing,
within structures: total GFA
r lot:3
Up to 5,000 sq. ft
5,001 to 20,000 sq. ft.
•
•
O
O'C "0040
EXISTING ZONING ORDINANCE
20,001 to 100,000 sq.
ft.
O
O
O
Over 100,000 sq. ft.
O
Timber growing and
harvesting, and compatible uses
Dwellings, farm worker (more than
one per lot
O
O
O
Wineries
Up to 2,000 sq. ft. structure
2,001 to 20,000 sq. ft.
structure
O
O
O
Over 20,000 sq. ft. structure
O
O
O
With public tours or tasting rooms
O
O
O
Accessory structures
To animal husbandry:
SEE WITH STRUCTURES, ABOVE
Dwelling, caretaker
O
O
O
More than
one per lot
O
O
O
Offices
O
O
O
To crop production, including
storage
SEE GREENHOUSE
Dwelling, farm
worker: On lots of 40 acres or
more
O
O
O
On lots less
than 40 acres
O
O
O
More than
one per lot
O
O
O
Offices
O
O
O
Produce stands, retail
Accessory uses,
including open storage
Fuel storage
Insecticides
for pest control
Packing,
storage or prelim.
Processing of crops:
Without structure'
Airfields and landing pads and strips,
rivate
O
O
O
O
1-0
Animals, nonagricultural (see also
Dwellings, accessory uses and
structures )l
SEE ANIMAL HUSBANDRY
Kennels
O
O
O
Wild animals
O
Boardinghouses and bed - and - breakfast
inns
O
O
O
O
O
O
0 00041
EXISTING ZONING ORDINANCE
Care facilities 2 (see also H &SC and
W &IC
Day: Care of 12 or fewer
persons (State law
requirement
related to day care facilities
for
7-12)
Care of 13 or more persons
O
O
O
O
O
O
O
Intermediate: Care of 7 or
O
O
O
O
O
O
more
persons (see definitions)
Residential: Care of 6 or
♦
♦
♦
♦
♦
♦
♦
•
fewer
persons
Care of 7 or more persons
O
O
O
O
O
O
Cemeteries
O
O
O
O
O
O 10
O
Accessory crematoria,
O
O
O
columbaria and mausoleums
Churches, synagogue and other
O
O
O
O
O
O
O
buildings used for religious worship
Clubhouses no alcoholic beverages)
O
O
O
O
O
O
Communications facilities
O
O
O
O
O
O
O
O
O
O
Drilling, temporary geologic (testing
O
O
O
O
O
only)
Dwelling, single -famil Y1,4 (R -P -D
♦
♦
♦
♦
♦
♦
♦
•
zone
Mobilehome,
O
O
O
O
O
O
O
O
continuing
nonconforming
Affordable or elderly, built
pursuant to Chapter 17.64
Dwellings, two - family, or two single-
family dwellin O
Affordable or elderly, built
pursuant to Chapter 17.64
Dwellings, multifamil
•
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):
U�0042
EXISTING ZONING ORDINANCE
Second story
■
■
■
■
■
■
■
■
atio /deck
Accessory structure
■
■
■
■
■
■
■
■
over 120
sq. ft.
Over 1,000
O
O
O
O
O
O
O
O
sq. ft. per
structure; or
over 2,000 sq. ft.
_per lot
Antenna, ground-
O
O
O
O
O
O
O
O
O
mounted
(noncommercial),
above 40 ft.2
Dwellings, accessory uses
Animals
Apiculture
Aviaries
O
O
O
O
Farm animals (other
♦
♦
♦
♦
♦
O
than
horses/ ones)
Horses/ponies
♦
♦
♦
♦
♦
O
Pet animals
More animals than are
O
O
O
O
O
O
O
permitted by Section
17.28.030C
Wild animals
O
O
O
Commercial uses, minor, for
•
project
residents
Home occupation
Storage, open '
Education and training
Colleges and universities
O
O
Schools, elementary and
O
O
O
O
O
O
O
secondary
(boarding and nonboardin
Energy production from renewable
O
O
O
O
sources
Festivals and similar events, temporary
O
O
O
outdoor
Government buildings
O
O
O
O
O
O
O
O
Correctional institutions
O
Fire stations
O
O
O
O
O
O
O
O
O
Law enforcement facilities
O
O
O
O
O
O
O
Grading
Within an overlay zone
SEE CHAPTER
17.36
Hospitals
O
O
Hospitals for large animals
O
O
000043
EXISTING ZONING ORDINANCE
Libraries
O
O
O
O
O
10
O
Mineral resource development
O
O
O
Mining and accessory uses
O
O
O
Less than 9 months in
O
O
O
O
duration
Public works
maintenance
Oil and gas exploration and
O
O
O
O
production
Mobilehome arks
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,
O
O
O
O
O
O
O
O
O
and related activities and structures
Temporary (maximum 42
days in
any 180-day eriod )"'
Pipelines and transmission lines,
O
O
O
O
O
O
O
O
O
O
aboveground. 2
Public utility facilities, excluding
O
O
O
O
O
O
O
O
O
O
offices and service yards'
Recreational sport and athletic
facilities
Cams
O
O
O
Cam ounds
O
O
O
O
Community centers
O
O
O 10
O
For farm workers and
O
O
O
nonprofit
farm community
organizations
Fields, athletic
O
O
O
O
O
O
Geothermal spas
Golf courses, except miniature
O
O
O
O
O
O
O
O
olf
Parks
♦
O
♦
♦
♦
♦
♦
•
O
With buildings
O
O
O
O
O
O
O
O
O
Periodic outdoor sporting
?
O
events
Recreational vehicle
O
O
O
parks
Recreation projects, city -
initiated
Caretaker recreational
vehicle,
accesso
Retreats : Without sleeping
O
O
O
facilities
With sleeping
O
O
O
O
facilities
0�'n044
EXISTING ZONING ORDINANCE
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"'
O
O
O
O
O
O
O
O
O
O
Wireless communications facilities5
O
O
10
O
10
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)
Section 17.20.060 Permitted uses in commercial and industrial zones.
Permitted uses in commercial and industrial zones are set out in Table 17.20.060.
Note: All uses located in the M -1 and M -2 zones which at the property line are adjacent
to residentially zoned property shall require a city council- approved conditional use permit prior
to occupancy of the building.
The key for Table 17.20.060 is as follows:
[Blank] Not permitted
♦ Permitted by zone clearance
• Planning commission - approved planned
development permit
0 City council - approved planned development
permit
O Planning commission- approved conditional
use permit
O City council- approved conditional use permit
0 Administrative permit required
0'0-1 045
EXISTING ZONING ORDINANCE
❖ Temporary use permit
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
000046
CO
C1
C2
CP
D
M1
M2
I
C -OT
Airfields and landing ads and strips, private
O
O
O
Airports
O
O
Alcoholic bevera e
Establishments selling beer and/or wine with an
eating lace
0
0
0
0
0
0
Establishments selling alcoholic beverages other than
beer
and wine with an eating lace
O
O
O
O
O
O
Amusement and recreational facilities (see definitions in Ch.
17.08
•
O
•
Amusement parks and carnivals
O
O
Arcades
O
O
Batting cages and golf driving ran es, indoor
O
O
Bicycle racing tracks, outdoor
O
O
Health club/ gymnasium see definitions
•
•
O
Martial arts and dance studios
•
•
O
Motion picture theaters, outdoor drive -in)
O
O
Racetracks (for motorized vehicles), shooting ranges
and stadiums
PROHIBITED
Art galleries, museums and artisan workshops
♦ 10
•
O
•
Automobile repair, including component repair
Automobile service stations
•
•
Banks and related financial offices and institutions
•
•
•
•
Barber, hairstylists, manicurists
•
Tanning centers
•
Bars, taverns and nightclubs'
O
O
Botanical gardens
•
O
•
Care facilities: For 7 or more persons (see also H &SC and
W &IC
DaY2,3
•
•
•
•
•
Intermediate and residential
O
O
O
Care facilities: For 9 or more persons a)
O
Car washes, self- service or automatic
O
O
Cemeteries, columbaria and mausoleums
1
O
O
O
Crematoria, accessory
O
O
O
Churches, synagogues and other buildings used for religious
worship 5
O
•
•
O
O
O
Clubhouses
O
•
O
O
10
O
With alcoholic beverages
•
O
O
1 O
10
000046
EXISTING ZONING ORDINANCE
Club projects, temporary outdoor
O 10
1
O
O
Communications facilities
O
O
O
O
O
O
O
Radio and television broadcasting stations
O
•
•
O
O
Conference center /convention center
O
O
Contractor service and storage yards and buildings
•
Crop production
Firewood operations
O
O
Uses and structures, accessory
Dwelling, farm worker (maximum one per
lot
O
O
Fuel storage
Offices
O
O
Packing, preliminary processing, or storage
of crops: Without structures4
Produce stands, retail
Dog and cat grooming
• 1
10
Dressmaking and tailor shops
•
Drilling, temporary geologic (testis only)
O
O
Dwelling for superintendent or owner
Dwelling, caretaker
O
Education and training
Colleges and universities
O
•
O
Schools: Elementary and secondary (nonboarding
Onl )2,3
•
•
•
•
•
O
Schools: Professional, vocational, art, craft and self-
improvement
O
O
•
•
O
Energy production from renewable sources
O
O
Festivals and similar events, temporary outdoor
O
O
A
Government buildings, excluding correctional institutions
•
•
•
•
O
Fire stations
•
•
•
O
O
O
Libraries and information center
Grading
Within an overlay zone
SEE CHAPTER
17.36
Grading not in conjunction with a development project
Less than 5,000 cubic yards
More than 5,000 cubic yards
O
Health club/ gymnasium see definitions)
•
Health services such as professional offices and outpatient
clinics
•
•
•
O
O
Ambulance services
O
•
•
O
Hospitals
O
O
O
Pharmacy, accessory retail, for prescription
pharmaceuticals only
•
•
•
Hotels, motels and bed- and - breakfast inns
•
•
Kennels (animal hospitals, boarding and grooming- -small
animals)
O
Laboratories: research and scientific
•
•
Medical and dental
10
1
10
•
•
Laundry service laundromats
GC; 047
EXISTING ZONING ORDINANCE
Laundry service li t
•
Libraries and information center
•
•
•
Manufacturing associated with crafts and artisans
Assembly, exhibits, demonstration
O
Manufacturing industries
Apparel and related products
•
•
Dressmaking and tailor shops
•
•
Chemicals, gases and related products (see
definitions), excluding nerve gas
Drugs, pharmaceuticals, perfumes, cosmetics
and the like
•
•
Soaps, detergents and cleaners
Electrical and electronic machinery, equipment and
supplies
•
•
Batteries
O
Household appliances
O
•
Transmission and distribution equipment,
and industrial apparatus
O
•
Food and related products
O
•
Alcoholic beverages
Bakery products
•
•
Meat, seafood and poultry packing plants
O
Slaughtering; refining and rendering of
animal fats and oils
Sugar refining
Furniture and related fixtures
•
Instruments: measuring, analyzing and controlling
•
•
Jewelry, silverware and plated ware
•
•
Laundry service-- laundromats
Laundry service - -light
Laundry service - -heavy
Leather and leather products
•
•
Tanning, curing and finishing of hides and
skins
Lumber and wood products and processes
•
Cabinet work
•
•
Plywood, particleboard and veneer
manufacture; wood preserving
Sawmills and planing mills
Machinery, except electrical
•
Office, computing and accounting machines
•
•
Metal industries, primary
Rolling, drawing and extruding
O
Metal products, fabricated
•
Ammunition
Machine shops
•
•
Plating, polishing, anodizing, engraving and
related operations
O
•
Musical instruments, including pianos and organs
•
•
OC'004CS
EXISTING ZONING ORDINANCE
Paper and related products
Products from paper and paperboard,
including containers
•
•
Pens, pencils and other office and artists materials
•
•
Personal goods
•
•
Petroleum refining and related industries
Photographic, medical and optical goods, and
watches and clocks
•
•
O
Printing, publishing and related industries
•
•
Print shops (up to 1,500 sq. ft. of gross floor
area)
•
Rubber and plastics products
O
Tire retreading and recapping
•
Signs and advertising displays
•
•
Stone, clay and glass products
O
Asbestos products
Cement, concrete and plaster, and products
fabricated therefrom
O
Glass and glassware, pressed and blown,
including flat glass
Glass products, made of purchased glass
•
•
Rock crushing and sandblasting plants
Textile mill products
Tobacco products
•
Toys and amusement, sporting and athletic goods
•
•
Transportation equipment
O
Motorcycles, bicycles and related parts
•
Martial arts and dance studios
•
Mineral resource development
Mining and accessory uses
Less than 9 months in duration
O
O
Public works maintenance
Oil and gas exploration and production'
O
O
Motion picture and TV production, and related activities and
structures
O
O
O
O
O
O
O
Temporary (maximum 47 days in any 180 -day
period "4
♦
♦
♦
♦
♦
A
Offices: business, professional and administrative, except
health and veterinary
•
•
•
•
O
•
Optical goods
O
Organizations (professional, religious, political, labor, trade,
youth, etc.)
O
Parks -- public
Parking lots
•
•
•
•
•
O
Pharmacy, accessory retail, for prescription pharmaceuticals
only
Photoco / uick printers
•
Photofinishing 1 -hour photo)
•
Pipelines and transmission lines, aboveground
O
O
O
O
000049
EXISTING ZONING ORDINANCE
Produce stands, retail
Propulsion (engine) testis
Public utility facilities
O
O
O
O
O
O
O
Offices only
•
•
•
•
•
O
•
Service yards
•
O
Recording studios and sound stages
•
O
O
Rental and leasing of durable goods
O
O
O
Bicycle rental
•
Repair and reconditioning services
O
O
•
Automobile body work and painting
O
O
O
Automobile repair, including component repair
O
O
•
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
♦ 10
Outdoor sales area
Outdoor sales area temporary
Retail trade see definitions
•
•
Christmas tree sales
Feed stores
O
Lumber and building materials sales yards
10
O
Mail order houses nonstore
•
•
Motor vehicle, mobilehome, recreational vehicle and
boat dealers'
O
Nurseries
10
Uses and structures, accessory
SEE PRINCIPAL
USE
Outdoor sales and services, temporary (see
definitions)
Repair of products retailed
Salvage yards, including automobile wrecking yards
Service establishments
Business see definitions
•
•
•
Auction halls, not involving livestock
O
O
•
O
Disinfecting and exterminating services
O
O
O
O
Exhibits, building of
•
•
O
Sign painting and lettering shops
•
•
•
Personal see definitions)
•
•
0^0050
EXISTING ZONING ORDINANCE
Signs (See also Section 17.20.040 and Chapter 17.40)
Freestanding off -site advertising signs
10
Swa p meets
O
O
O
O
Taxidermy
•
Transportation services see definitions)
O
•
Bus and train terminals
10
O
Stockyards, not primarily for fattening or selling
livestock
Truck storage, overnight
•
Trees and native vegetation: removal, relocation or damage
Within an overlay zone
SEE CHAPTER
17.36
Uses and structures, accessory
SEE PRINCIPAL
USE
Dwelling, for superintendent or owner
O
O
O 10
Dwelling, caretaker
O
O
Game machines: three or fewer
Recreational facilities, restaurants and cafes: for
employees only
•
•
Retail sale of products manufactured on -site
Temporary buildings during construction
Vaccination clinics, temporary, for pet animals
Veterinary clinics, pet animals only'
O
O
Warehousing and storage, including ministora e
•
•
Automobile impound yards; dead storage of trucks,
buses and the like
Building materials, movers' equipment and the like:
indoor
•
•
Outdoor
Fertilizer and manure
Hazardous materials; including pesticides and
herbicides
Petroleum and gas (butane, propane, LPG, etc.);
explosives and fireworks
Recreational vehicles
•
Storage of building materials, temporary
Waste treatment and disposal see definitions)
Recycling facilities and centers
O
•
O
Water production, storage and distribution facilities:
Private purveyors "
O
O
O
♦
♦
O
Wholesale trade
•
•
Wireless communications facilities
O
O
O
1 O
O
O
Zoological gardens, animal exhibits and commercial
aquariums
O
O
Notes for Table 17.20.060:
I . 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
000051
EXISTING ZONING ORDINANCE
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)
000052
EXISTING ZONING ORDINANCE
Chapter 17.28
STANDARDS FOR SPECIFIC USES
Sections:
17.28.010
Purpose.
17.28.020
Standards relating to dwellings.
17.28.030
Standards relating to animals.
17.28.040
Auto, boat and trailer sales lots.
17.28.050
Mobilehome parks.
17.28.060
Oil and gas exploration and production.
17.28.070
Produce stands.
17.28.080
Recreational vehicle parks.
17.28.090
Restaurants, bars and taverns.
17.28.100
Mining and reclamation.
17.28.110
Veterinary clinics.
17.28.120
Motion picture and TV production, temporary.
17.28.130
Outdoor sales and services, temporary.
17.28.140
Christmas tree sales.
17.28.150
Temporary buildings during construction.
17.28.160
Storage of building materials, temporary.
17.28.170
Campgrounds.
17.28.180
Camps.
17.28.190
Retreats.
17.28.200
Golf courses.
17.28.210
Buildings for the growing of crops.
17.28.220
Temporary pet vaccination clinics.
17.28.230
Day care facilities.
17.28.240
Nonmotorized wheeled conveyance facilities and uses.
17.28.250
Caretaker recreational vehicle, accessory.
Section 17.28.010 Purpose.
The purpose of this chapter is to set forth standards and regulations which apply to proposed
uses as listed. (Ord. 189 § 3 (8107 -0), 1994)
Section 17.28.020 Standards relating to dwellings.
A. Antennas, Ground - Mounted. No antenna or mast shall exceed seventy -five (75) feet in
height. The crank -up variety of ham radio antennas should be used. All units are encouraged to be
color- coordinated to harmonize with predominant structural background material, so as to reduce
visual impacts. Where feasible, support structures shall be screened from public view. The most
unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to
main or accessory buildings in order to provide background screening for the support structure.
The height, nature, texture and color of all materials to be used for the installation, including
landscape materials, shall be submitted with the permit application.
B. Home Occupations. See Chapter 5.88.
C. Mobilehomes and Manufactured Housing.
1. Mobilehome Construction. Mobilehomes may be used as single - family dwellings if the
mobilehome was constructed on or after June 15, 1976. Mobilehomes used as second dwellings
are subject to this date limitation.
PC ATTACHMENT 2 000053
EXISTING ZONING ORDINANCE
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 dwellings, manufactured mobilehome skirting shall completely enclose
the mobilehome, including the tongue, with a color and material that will be compatible with the
mobilehome. The siding shall be covered with an exterior material customarily used on
conventional dwellings and approved by the department of community development.
4. Site Plan and Elevations. The site plans and elevations of the proposed housing unit are
subject to review and approval of the department of community development. Applicants are
required to submit designs which are in keeping with the overall character and quality of the
neighborhood and community.
5. Roof Pitch. The mobile home or manufactured housing unit shall have a roof with a pitch
of not less than two (2) inches vertical rise for each twelve (12) inches of horizontal run and
consisting of shingles or other material customarily used for conventional dwellings and approved
by the department of community development and the building official.
6. Porches and Eaves. The mobile home or manufactured housing unit may be required to
have porches and eaves, or roofs with eaves when, in the opinion of the department of community
development, it is necessary to make it compatible with the dwellings in the area.
D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A
mobilehome or recreational vehicle may be used by the owner (s) of a lot as a temporary dwelling
unit for twelve (12) months during construction of a residence for which a building permit is in
full force and effect on the same site. The director of community development may grant one (1)
additional twelve (12) month period and a time extension if substantial progress toward
construction of the principal residence is being made. Said mobilehome or recreational vehicle
shall be connected to the permanent water supply and sewage disposal system approved by the
Ventura County environmental health division for the structure under construction. Within forty -
five (45) days after a clearance for occupancy is issued by the city division of building and safety,
any such recreational vehicle shall be disconnected from such systems and cease being used as a
dwelling, and any such mobilehome shall be removed from the site. A temporary mobilehome or
recreational vehicle may be accessory to construction on adjacent lots under the same ownership
as the lot on which the mobilehome or recreational vehicle is installed. A bond or cash deposit
shall be required in the amount to cover removal of the temporary mobilehome prior to receiving
city approval for the placement of the temporary dwelling. The amount of the deposit shall be
determined by the director of community development.
E. Model Homes /Lot Sales. Model homes, or a temporary office, for the limited purpose of
conducting sale only of lots or dwellings in the subdivision, or dwellings of similar design in
another subdivision in the vicinity may be permitted, subject to the following provisions:
1. The model homes or lots sales are part of an approved tentative map.
2. Road plans shall be submitted to the public works department for approval.
F. Open Storage.
1. There shall be no open storage in any front or street -side setback, or in an area three (3)
feet wide along one (1) side lot line.
2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed
an aggregate area of two hundred (200) square feet. On lots greater in area than twenty thousand
(20,000) square feet, the aggregate area shall not exceed one percent (1 %) of the total lot area, up
000054
EXISTING ZONING ORDINANCE
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.
3. With the exception of boats and unstacked automotive vehicles, the materials shall be
limited to a height of six (6) feet.
4. Open storage must be accessory to the principal use of the property, and not related to
any off -site commercial business or activity.
5. The following are not considered to fall within the definition of open storage, and are
therefore exempt from the above open storage regulations:
a. Materials or equipment kept on any lot for use in construction of any building or room
addition on said lot for which a zoning clearance and necessary building permits are obtained and
in force, provided that such storage is neat and orderly, and does not exceed an area equal to the
gross floor area of the building or addition under construction. Stored materials shall be installed
within one hundred eighty (180) days of their placement on the lot; however, the director of
community development may grant a time extension for good cause, based on a written request
from the applicant;
b. Items used periodically or continuously on the property by the resident(s) thereof, such as
outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor
cooking equipment, and recreational equipment, accessory to the principal use;
c. Operative vehicles, boats, vehicles, or other items placed on trailers which are operative
and licensed for travel on public thoroughfares;
d. One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one (1)
location on the lot.
G. Second Dwelling.
1. Standards and Requirements. A second dwelling, as defined in Section 17.08.010,
requires approval of an administrative permit, and compliance with all of the following standards
and requirements:
a. A second dwelling shall only be permitted on a residential zoned lot that is one -fourth
acre (ten thousand eight hundred ninety (10,890) square feet) or larger in size.
b. The lot on which a second dwelling is to be constructed shall contain an existing single -
family dwelling, which is owner occupied at the time of application for a zoning clearance and
building permit for the second dwelling.
c. Prior to the approval of a zoning clearance for a second dwelling, the applicant shall be
required to complete a neighborhood notification process, as established by city council
resolution.
d. The maximum size of the second dwelling shall be limited to the more restrictive of
either thirty percent (30 %) of the existing single - family dwelling floor space or the following lot
size limitations:
i. Lots ten thousand eight hundred ninety (10,890) square feet to twenty -one thousand
seven hundred eighty (21,780) square feet -- a second dwelling shall not exceed eight hundred
(800) square feet.
ii. Lots twenty -one thousand seven hundred eighty -one (21,781) square feet to forty -three
thousand five hundred sixty (43,560) square feet -- a second dwelling shall not exceed nine
hundred (900) square feet.
iii. Lots greater than one (1) acre to five (5) acres (two hundred seventeen thousand eight
hundred (217,800) square feet) - -a second dwelling shall not exceed one thousand (1,000) square
feet.
iv. Lots greater than five (5) acres -- a second dwelling shall not exceed one thousand one
hundred (1,100) square feet.
e. No more than one (1) second dwelling is allowed on each lot.
000055
EXISTING ZONING ORDINANCE
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.
i. 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 residential
planned development (RPD) permit (see Section 17.36.030(B)(3)); or (ii) the setback
requirements of the applicable zone district (see Section 17.24.020).
j. Architectural standards of the second dwelling shall conform to the existing single - family
dwelling through use of the appropriate building form, height, materials and color. The roof
material used for the second dwelling shall be equal to or of higher quality than that used for the
existing single - family dwelling.
k. The only accessory structures that may be attached to, or share a common wall with, a
detached second dwelling are a garage or carport.
1. The following parking standards shall apply:
i. The number of parking spaces required shall be as follows:
(A) Second dwelling eight hundred (800) to nine hundred (900) square feet in size -- one (1)
covered or uncovered parking space is required.
(B) Second dwelling larger than nine hundred (900) square feet in size -- two (2) covered or
uncovered parking spaces are required.
(ii) The size of each required off - street parking space shall be an unobstructed minimum of
nine (9) feet wide by twenty (20) feet long.
(iii)The parking space(s) provided for the second dwelling shall not be located in a required
dwelling unit setback and shall be paved.
(iv) The required off - street parking space(s) for a second dwelling shall be in addition to the
parking required for the existing single - family dwelling, and shall be located on the same lot as
the existing single - family and second dwellings.
(v) Access to the parking area for a second dwelling shall be at least ten (10) feet wide and
paved.
m. The director of community development may approve the use of a mobilehome or a
manufactured house on a fixed foundation as a second dwelling, if the design is compatible with
the existing single - family dwelling and the surrounding community, and all of the mobilehome
and manufactured housing standards of subsection C of this section are complied with.
n. A second dwelling processing fee, as established by city council resolution, shall be paid
at the time of application for a zoning clearance for a second dwelling.
2. Deferral of Decision on Application. The director of community development may defer
any approval or denial decision on an application for a zoning clearance for a second dwelling to
the planning commission if the proposal:
a. Involves significant public controversy; or
b. Is in conflict with the standards and requirements of subsection (G)(1) of this section;
c. May be precedent setting; or
d. Should be deferred for any other cause deemed justifiable by the director of community
development.
H. Use of Structures for Dwelling Purposes. Structures may not be used for human
habitation except as specifically permitted in this title.
I. Satellite Dish Antennas. The intent and purpose of this section is to regulate the
installation of satellite dish antennas through the design review building process to protect the
environment, the character of the neighborhoods or of the city as a whole, and the health, safety
000036
EXISTING ZONING ORDINANCE
and general welfare of the public.
1. Permitted Uses.
a. Satellite dish antennas shall be permitted uses upon approval of the director of
community development in the residential zones in the case where the antenna is ground mounted
and the entire apparatus does not exceed eight (8) feet from the ground, when the antenna is to be
located in the side or rear yard and conforms to the side or rear yard residential setbacks for
accessory buildings, when the antenna is not visible from the public right -of -way, and when the
antenna is provided with a screening cover.
b. Satellite antennas located in any commercial, industrial, public facility, or any
multifamily zone, will be required to receive approval from the department of community
development. The department of community development 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 application 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 trees, other natural features and proposed
landscaping 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 construction 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
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)
Section 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
000057
EXISTING ZONING ORDINANCE
equally to all properties unless otherwise noted.
1. Enclosure. All animals shall be properly caged or housed, and must be kept in their
corrals, barns, pens or other enclosure. All corrals, pens, coops, lofts, exercise areas, or other
similar structures 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 maintained 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 determination 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 he kept upon lots used
primarily for residential or agricultural uses, for recreational purposes (and as protection) as
provided in subsection (13)(1)(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.
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 residential, 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:
Zone
Minimum Lot
Animal Units Permitted',2
Distance Separation
Area
Requirements3
Required
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
000038
EXISTING ZONING ORDINANCE
Notes:
1. In calculations for permitted animals, 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 (1 /10) 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 Unit
outside of any structure,
Animal Type
Equivalent
Animal Type
within 40 feet of those
Bull
1.0
Horse
portions of any structure used
Chicken
.1
Pony
for human occupancy,
Cow
1.0
Mule
assembly or habitation, other
Donkey
1.0
Peafowl
than the residence of the
Duck
1
Pig
owner or keeper of such
Game hen
1
Rabbit or other fur- bearing
animals.
R -O
20,000 sq. ft.
Horses/ponies: 3 units plus 1 unit per
30,000 sq. ft. of total lot area. Other
maturity
.05
Racing pigeon
animals: I unit per 10,000 sq. ft. of total lot
Sheep
Goat, female
area.
Turkey
R -E
10,000 sq. ft.
2 units plus 1 unit per 20,000 sq. ft. of total
lot area .4
R -1
20,000 sq. ft.
1 unit per 10,000 sq. ft, of lot area.
Notes:
1. In calculations for permitted animals, 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 (1 /10) 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.
000059
Animal Unit
Animal Unit
Animal Type
Equivalent
Animal Type
Equivalent
Bull
1.0
Horse
1.0
Chicken
.1
Pony
.5
Cow
1.0
Mule
1.0
Donkey
1.0
Peafowl
.5
Duck
1
Pig
.5
Game hen
1
Rabbit or other fur- bearing
animal of similar size at
maturity
.05
Racing pigeon
.05
Sheep
Goat, female
.33
Turkey
.16
Goat, male
.5
000059
EXISTING ZONING ORDINANCE
Goose .16
Guinea fowl .5
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.
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 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)
Section 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)
000060
EXISTING ZONING ORDINANCE
Section 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 and
clubhouse 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)
Section 17.28.060 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 reasonable use of an important city resource. These regulations
shall also ensure that development activities will be conducted 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 exploration 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 discretion 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 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 inconsistent with a conditional use permit approved pursuant to this title. Furthermore,
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 generate 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
0 -30061
EXISTING ZONING ORDINANCE
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 areas 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.
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. The following guidelines shall apply to the installation 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 processing 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 areas. Unavoidable 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 vegetation shall be
reseeded with the same or recovered with the previously removed vegetative materials, and 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 degradation, 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.
9. Oversized vehicles should be preceded by lead vehicles, where necessary for traffic
safety.
10. Lighting should be kept to a minimum to approximate normal nighttime light levels.
11. In the design of new or modified oil and gas production facilities, best accepted practices
in drilling and production methods should be utilized, if capable of reducing factors of nuisance
and annoyance.
F. Oil Development Standards. The following are minimum standards and requirements
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
000062
EXISTING ZONING ORDINANCE
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 hundred (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;
f. One hundred (100) feet from any marsh, 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 approved 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 contaminating 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 continuance 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 California, 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,
000063
EXISTING ZONING ORDINANCE
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 deterioration of vegetation and crops, and
ensure adequate levels of safety.
7. Light Emanation. Light emanation shall be controlled 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 immediately 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 in 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.
10. Site Maintenance. The permit area shall be maintained 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 revocation, 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 requirement 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 residences, schools, health care facilities, or places of public assembly, that exceeds
the following standard or any other more 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.
000064
EXISTING ZONING ORDINANCE
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 a.m.) 45 dB(A) 40 dB(A)
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. Such soundproofing shall be installed prior to the
commencement 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
000065
EXISTING ZONING ORDINANCE
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 Industrial 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) a.m. 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)
a.m. through seven (7:00) p.m. of the same day when they occur less than eight hundred (800)
feet from an occupied sensitive use. Nighttime 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, instructions 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 determination
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 Standards. 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 production areas shall be landscaped so as to
1111..
EXISTING ZONING ORDINANCE
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 signed pursuant to subsection (F)(1 4)(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 legitimate 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)
Section 17.28.070 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.
I. A produce stand may have one (1) freestanding sign and one (1) attached sign, in addition
00006'7
EXISTING ZONING ORDINANCE
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)
Section 17.28.080 Recreational vehicle parks.
Each application for the development of a recreational vehicle park, as defined in Title 25 of
the California Administrative 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 recreational 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 occupying a space in the park shall be two
hundred twenty (220) square feet of living area. Living 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 California 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 recreational vehicle park not used for
driveways, parking, buildings or service areas shall be landscaped.
8. 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.
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.
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 near 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 three (3), as may be amended from time to time, unless evidence
presented to the decision - making authority demonstrates a necessity and desirability to deviate
EXISTING ZONING ORDINANCE
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 landscape.
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 park, pursuant to Title 25 of the California Administrative Code.
3. No permanent building or cabana shall be installed or constructed on any trailer space;
however, portable accessory structures and fixtures 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)
Section 17.28.090 Restaurants, bars and taverns.
A maximum of two (2) pool or billiard tables may be accessory to this use. (Ord. 189 § 3
(8107 -8), 1994)
Section 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 regulations shall also ensure that mining activities will be
conducted 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 commencing activities authorized by the conditional use
permit, as it may be modified. The issuance of a conditional use permit shall not relieve the
!lfl.'
EXISTING ZONING ORDINANCE
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. 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
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 Reclamation 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, farmland, 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
mitigation 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 enforcement 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.
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 Mining 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
0000"10
EXISTING ZONING ORDINANCE
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 street or highway unless the public works
agency determines a lesser distance would be acceptable;
b. One hundred (100) feet of any dwelling not accessory 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
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 controlled 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 heat 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 maintained 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.
9. Reclamation Plan. No mining permit shall be approved 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 considerations, 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;
0000'71
EXISTING ZONING ORDINANCE
e. Proposed subsequent use of the land which will be consistent with the general plan and
existing and proposed 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 ensure completion of approved reclamation plans.
10. Removal of Equipment. All 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 permittee shall immediately 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 current name(s) and/or position title, address and phone number of the person who shall
receive all orders, notices and communications 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 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 environmental conditions, land
000012
EXISTING ZONING ORDINANCE
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 hearing, 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
20. Performance Securities. Performance bonds or other securities may be imposed on any
permit to ensure compliance 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
damage. This requirement does not preclude the permittee from being self - insured. (Ord. 189 § 3
(8107 -9), 1994)
Section 17.28.110 Veterinary clinics.
Veterinary clinics must be housed in a completely enclosed, soundproof building, except as
provided in Section 17.28.180. (Ord. 189 § 3 (8107 -10), 1994)
Section 17.28.120 Motion picture and TV production, temporary.
Such outdoor filming shall not result in high or unreasonable 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
00003
EXISTING ZONING ORDINANCE
filming apply to individual lots. (Ord. 189 § 3 (8107 -11), 1994)
Section 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)
Section 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 31 st of the same year. Christmas tree sales are allowed one (1) temporary, unlighted
identification sign not exceeding twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13), 1994)
Section 17.28.150 Temporary buildings during 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)
Section 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 subdivision. Such storage is permitted during construction and for
forty -five (45) days thereafter. (Ord. 189 § 3 (8107 -15), 1994)
Section 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, landscaping
screen, earth mound 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.
000071 '�
EXISTING ZONING ORDINANCE
F. The design of structures and facilities, and the site as a whole shall be in harmony with
the natural surroundings to the maximum feasible extent.
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:
1. 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. There shall be no buildings that are used or intended to be used for sleeping.
J. Campgrounds may include minor accessory recreational uses 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 17.32.01 OFF. (Ord. 189 § 3 (8107 -16), 1994)
Section 17.28.180 Camps.
Camps shall be developed in accordance with the following standards:
A. Minimum lot area shall be ten (10) acres.
B. Overnight population of guests and staff shall be limited by the following calculations:
1. Camps on property zoned rural agricultural (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 exclusive (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 (D)(3) of
this section shall be limited to a collective average of two hundred (200) square feet per overnight
guest and 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.
000015
EXISTING ZONING ORDINANCE
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 characteristics 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 17.32.01 OFF. (Ord. 189 § 3 (8107 -17), 1994)
Section 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.
D. No retreat structures shall exceed a height of fifteen (15) 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 beset 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 -of -way and from residential uses on adjacent properties.
G. Lighting for nighttime activities shall be directed away from adjacent properties. (Ord.
189 § 3 (8107 -18), 1994)
Section 17.28.200 Golf courses.
A golf course may include accessory structures as needed for maintenance and for players on
a day of golfing, including a maintenance building, a pro shop, restrooms and limited eating
facilities. (Ord. 189 § 3 (8107 -19), 1994)
Section 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)
Section 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:
0000'7G
EXISTING ZONING ORDINANCE
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 immunization 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 animals and keep the
area clean. At least two (2) such staff shall be provided in all cases. (Ord. 189 § 3 (8107 -21),
1994)
Section 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(a)(3) of the
Health and Safety Code. (Ord. 189 § 3 (8107 -22), 1994)
Section 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:
skateboards, 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, trespassing, 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 following distances from all other structures
and property lines:
0000'7'7
EXISTING ZONING ORDINANCE
1. All facilities shall be set back a minimum of six (6) feet from all other structures.
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
requirements.
E. Construction Standards. All facilities shall be constructed 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) p.m., Monday through Saturday.
H. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
I. Removal. Facilities shall be removed within ninety (90) days when no longer used, or
capable of being safely used for their intended purpose.
J. Hold Harmless. The permittee shall provide the city with a hold harmless agreement,
acceptable to the city, prior to the issuance of a zoning clearance, which provides, in substance,
that the permittee agrees to hold the city harmless, indemnify and defend the city for any loss or
damage to property, or injury or loss of life arising out of the use authorized by this zoning
clearance.
K. Compensation. The use of the facility shall be without monetary compensation to any of
the parties involved, nor operated in any way as a commercial enterprise. (Ord. 189 § 3 (8107-
23), 1994)
Section 17.28.250 Caretaker recreational vehicle, accessory.
In a park or recreation area owned or operated by the city, the owner(s) of a recreational
vehicle which is licensed and equipped for highway travel may reside in the recreational vehicle
for up to six (6) months in any twelve (12) month period, in accordance with an approved park
host program. Sewage disposal shall be provided by means of a system approved by the
environmental health division. (Ord. 189 § 3 (8107 -24), 1994)
Iffl
EXISTING ZONING ORDINANCE
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.
Section 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), 200 1)
Section 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), 200 1)
Section 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 commission 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 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-
PC ATTACHMENT 3 000079
EXISTING ZONING ORDINANCE
making authority shall make written findings based upon substantial evidence in view of the
whole record to justify the decision. With the exception 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 detrimental to the applicant or the public, the director of community 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 agencies 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 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 conditioned 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
[Ii1�t71 i 1
EXISTING ZONING ORDINANCE
application for all discretionary permits within the Downtown Specific Plan area as established
by this section.
2. Discretionary Permit Standards. Planned development, 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 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 operations 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 Other 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 management 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 provisions 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;
I1tl:
EXISTING ZONING ORDINANCE
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 neighborhood 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 provided 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 commencement 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 designations 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 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 hazardous 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
inspections and/or valid building permits.
C. Variances. Variances are adjustments in the regulations contained in this title.
Variances are based on discretionary 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 accordance 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:
EXISTING ZONING ORDINANCE
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 privileges 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
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 (CHWMP)
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 surrounding 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;
e. To allow a five- percent (5 %) decrease in the required lot area for second units.
(Ord. 271 § 1 (part), 2001)
Section 17.44.040 Filing and processing of application requests.
000083
EXISTING ZONING ORDINANCE
A. Submission of Applications. An application for a permit or variance may be filed
by the owner of the property 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 prescribed by
the forms supplied by the department of community 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 acceptance 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
amendments, 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 application 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. Applications 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.
I. Consultant Review. City staff may refer any application 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
application 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 development 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
11f1 :to!
EXISTING ZONING ORDINANCE
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 discretionary 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 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, 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)
Section 17.44.050 Notice and hearing procedures.
A. Notice.
000085
EXISTING ZONING ORDINANCE
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 newspaper 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 revocation
thereof, an appeal regarding any variance or discretionary 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 discretionary permits identified by Section 17.44.030(A)(1)(e) within the
downtown specific plan area, or a variance request associated with one (1) single- family
residential dwelling unit, each of which shall have a distance requirement of three hundred (300)
feet of the exterior boundaries of the assessor's 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 substituted for the direct mailing.
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 commission whose
order, requirement, permit, decision or determination 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 authority(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
fill'.
EXISTING ZONING ORDINANCE
posting of a notice of continued public hearing in a public place, no further notice need be given.
(Ord. 271 § 1 (part), 2001)
Section 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 partly, 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 application. 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) calendar 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 address 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.
00008'7
EXISTING ZONING ORDINANCE
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 are stayed pending the consideration of the appeal.
F. Implementation. The director of community development 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 expiration 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)
Section 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)
Section 17.44.080 Modification, suspension and revocation.
A. Modification of Permits. An application for modification 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.
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 fundamental 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
Itll::
EXISTING ZONING ORDINANCE
permit, and would not have any adverse impact on surrounding properties, may be deemed a
permit adjustment and acted upon by the director of community development 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 (10 %) 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 establishment 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 accommodated 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 application 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 correct
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 title.
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 abandoned;
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 revocation 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 performance
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 suspension of the permit was
1111:'
EXISTING ZONING ORDINANCE
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)
Section 17.44.090 Appeals.
A. Authority to Appeal.
1. All actions and decisions of the director of community 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 planning
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 requirements:
1. A request for the city council to review the action(s) taken by the planning
commission or the director of community 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 community 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.
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)
Section 17.44.100 Effect of change of zoning regulations.
Is}11.1
EXISTING ZONING ORDINANCE
Chapter 17.60
AMENDMENTS TO THE GENERAL PLAN, SPECIFIC PLANS, ZONING MAP
AND ZONING CODE*
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
Decision 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.
Section 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)
Section 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.
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)
Section 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
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EXISTING ZONING ORDINANCE
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), 200 1)
Section 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 Government 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), 200 1)
Section 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 and hearing requirements
shall be the same as those prescribed in Section 17.44.050. (Ord. 271 § 2 (part), 2001)
Section 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)
Section 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 disapprove any proposed
amendment, based upon the findings contained in Section 17.60.100. Such recommendation shall
include the reasons for the recommendation and the relationship of the proposed ordinance or
amendment to applicable general and specific plans. (Ord. 271 § 2 (part), 2001)
Section 17.60.080 City council action on amendments.
Following a public hearing, the city council may approve, modify or disapprove any
planning commission recommendation regarding an amendment request based upon the findings in
000092
EXISTING ZONING ORDINANCE
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), 200 1)
Section 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)
Section 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.
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)
000093
EXISTING ZONING ORDINANCE
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.
Section 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)
Section 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 § 1(b), 1984)
Section 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.
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)
Section 17.68.040 Land area of one -half acre or less.
Where the total area of the land is one -half (1/2) acre or less, the director of community
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EXISTING ZONING ORDINANCE
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)
Section 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)
Section 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)
000095
RESOLUTION NO. PC -2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF AN ORDINANCE TO
AMEND 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 CHAPTER
17.68 (PUBLIC NOTICES) OF THE MOORPARK
MUNICIPAL CODE
WHEREAS, on October 16, 1996, the City Council adopted
Resolution No. 96 -1237 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to allowing
recreation vehicle storage in the Commercial Planned Development
(CPD) zone; and
WHEREAS, on January 7, 1998, the City Council adopted
Resolution No. 98 -1423 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to revisions
to provide for outdoor seating for restaurants; and
WHEREAS, on April 3, 2002, the City Council directed the
Planning Commission to study, set a public hearing, and provide
a recommendation pertaining to amendments to the Zoning Code
related to permitted size of second dwelling units; and
WHEREAS, on August 21, 2002, the City Council directed the
Planning Commission to study, set a public hearing, and provide
a recommendation pertaining to amendments to the Zoning Code
related to entitlement and uses; and
WHEREAS, on September 9, 2002, the Planning Commission held
a public workshop on the entitlement and use regulations
contained in Chapters 17.20, 17.28, 17.44, 17.60, 17.68 of the
Moorpark Municipal Code and gave direction to Community
Development staff on potential amendments to the regulations;
and
WHEREAS, the Community Development Department drafted
proposed amendments to the entitlement and use regulations in
response to direction from the Planning Commission; and
PC ATTACHMENT 6 OCO09G
RESOLUTION NO. PC -2003-
Page 2
WHEREAS, the Community Development Director has reviewed
this project and found it to qualify for a General Rule
Exemption in accordance with Section 15061 of the California
Code of Regulations (CEQA Guidelines), and based upon that
finding has determined the project to be exempt from further
environmental documentation; and
WHEREAS, at its meeting of June 17, 2003, and July 1, 2003,
the Planning Commission conducted a duly- noticed public hearing
on proposed amendments to Chapters 17.20, 17.28, 17.44, 17.60
and 17.68 of the Moorpark Municipal Code pertaining to
entitlement and use regulations, received public testimony on
the proposed amendments, and after receiving oral and written
public testimony, closed the public hearing; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. RECOMMENDATION: The Planning Commission
recommends to the City Council adoption of an ordinance to amend
Chapters 17.20, 17.28, 17.44, 17.60 and 17.68 of the Moorpark
Municipal Code pertaining to entitlement and use regulations of
the Moorpark Municipal Code as recommended by staff and modified
by the Commission as shown as Exhibits A, B, and C attached.
SECTION 2. 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.
0 v 009'7
RESOLUTION NO. PC -2003-
Page 3
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED THIS DAY OF , 2003.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit
"A ":
Amended
Chapter
17.20
Exhibit
Amended
Chapter
17.28
Exhibit
"C ":
Amended
Chapter
17.44
lifl•:
PROPOSED ZONING ORDINANCE AMENDMENT
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 Reserved.
17.20.050 Permitted uses in open space, agricultural, residential and special purpose
zones.
17.20.060 Permitted uses in commercial and industrial zones.
Section 17.20.010 Purpose.
The purpose of this Chapter is to provide a comprehensive list of uses that would be allowed
through the issuance of a Zoning Clearance and through discretionary permit approval in the
various zones within the City.
Section 17.20.020 Use of matrices.
The use matrices indicate the level of review required for each use. Review requirements are
subject to Entitlements — Process and Procedure, Chapter 17.44.
Section 17.20.030 Uses not listed.
Review of a use that is not shown in the matrices may be initiated by a written request to the
community development director and payment of a review fee established by council resolution.
The community development director shall review the proposed use within ten (10) calendar days
and render a written decision based upon the findings below.
A. The proposed use is similar in nature, character, and intensity to one or more of the listed
uses
B. The review requirements for the proposed use shall be identical to those similar uses
upon which the community development director has based the determination.
If the community development director determines that the use is similar, the director shall
inform the city council of the director's decision and incorporate the use in the next scheduled
zoning ordinance amendment. The decision of the director is final unless appealed to council
within ten (10) calendar days of the written decision. The appeal shall be filed in accordance with
Chapter 17.44.
Section 17.20.040 Reserved.
EXHIBIT "A"
000099
PROPOSED ZONING ORDINANCE AMENDMENT
Section 17.20.050 Permitted uses in open space, agricultural, residential and special purpose
zones.
Permitted uses in open space, agricultural, residential and special purpose zones are set forth in Table
17.20.050 below and in the conditions of approval of any applicable residential planned development
permits. In addition to the entitlements required by Table 17.20.050, a planned development permit is
required for all residential development of five (5) or more units. All uses, as applicable, shall comply with
Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations.
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL
PURPOSE ZONES
[Blank] = Not permitted, [ - ] = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP
= Administrative permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
A. AGRICULTURAL USES
1. Animal Husbandry in
accordance with Sections
17.20.040 and 17.28.030
a. Without Structures
ZC
ZC
ZC
ZC
ZC
ZC
b. With structures of total
gross floor areas per lot:
- Less than 1,000 s . ft.
ZC
ZC
ZC
ZC
- 1,001 — 20,000 s . ft
AP
ZC
AP
- 20,001 — 100,000 s . ft.
CUP
AP
- >100,000 s . ft.
CUP
2. Animal hospital, for large
CUP
CUP
CUP
animals
3. Apiculture in accordance
ZC
ZC
AP
with Section 17.28.210
4. Crop production where no
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
structures are involved.
5. Greenhouse, hothouse and
the like. Minimum property
line setbacks shall be 20 -feet.
With a total gross floor area
per lot:
- Less than 1,000 s . ft.
ZC
ZC
ZC
ZC
ZC
ZC
ZC
- 1,000 — 20,000 s . ft.
ZC
ZC
AP
AP
CUP
- 20,000 — 100,000 s . ft.
AP
CUP
- >100,000 s . ft.
CUP
CUP
6. Kennels and catteries
CUP
CUP
CUP
CUP
(domestic) see Section
17.28.030
7. Wholesale nurseries, tree
AP
AP
AP
AP
AP
AP
AP
AP
farms and ornamental plant
farms including container
plants. Retail sales shall be
limited to the requirements of
2
S: \Community Development\DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc
00100
PROPOSED ZONING ORDINANCE AMENDMENT
Zones
LO -S I
A -E
R -A I
R -E I
R -O I
R -1 I
R -2 I
RPD I
TPD
section 17.28.070
8. Wildlife Sanctuaries
CUP
CUP
B. RESIDENTIAL USES
Zones
O -S
A -E
R -A
WE
R -O
R -1
R -2
RPD
TPD
1. Boardinghouses and bed and
CUP
CUP
CUP
CUP
CUP
CUP
CUP
breakfast inns
2. Care facilities
a. Consistent with the
-
-
-
-
-
-
-
requirements of the State of
California Health and Safety
Code, Chapter 3.6. Care
facilities serving six (6) or
fewer persons, such as a any
facility defined as a
community care facility and
residential care facilities as
defined by Chapters 3 and 3.2
of the Health and Safety Code,
shall meet the standards and
requirements applicable to
single family dwellings
b. For seven (7) to twelve (12)
ZC
ZC
ZC
ZC
ZC
ZC
ZC
children, up to 14 children may
be allowed when found
consistent with Section
1597.456 of the Health and
Safety Code
3. Dwellings, single family
a. Standard construction,
AP
AP
AP
AP
AP
AP
AP
AP
AP
including manufactured
housing consistent with
Section 17.28.020 C (for five
(5) or more homes constructed
in the R -A, R -O, R -E, and R -1
zones a planned development
ermit is required)
b. Affordable or senior housing
AP
AP
AP
when in compliance with
Chapter 17.64
c. Second dwelling units when
ZC
ZC
ZC
ZC
ZC
ZC
in compliance with section
17.28.020G
4. Dwellings, two - family or
AP
AP
two single family dwellings on
one lot
a. Affordable or senior housing
AP
AP
when in compliance with
Chapter 17.64
5. Dwellings, multiple familyAP
3
S: \Community Development\DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc
0c0101
PROPOSED ZONING ORDINANCE AMENDMENT
Zones
O -S
A -E
R -A
WE
R -O
R -1
R -2
RPD
TPD
a. Affordable or senior housing
AP
when in compliance with
Chapter 17.64
6. Mobilehome parks in
CUP
CUP
CUP
CUP
CUP
CUP
CUP
compliance with the applicable
standards of the zone in which
it is located. It shall include
recreation facilities with
minimum distance between
structures of ten (10) feet and
minimum distances between
accessory structures of six (6)
feet.
7. Model homes, temporary
AP
AP
AP
AP
AP
AP
AP
office for the sale of homes or
lots in a subdivision that are a
part of an approved tentative
map and when there is a model
complex plan/temporary office
plan approved by the
community development
director.
C. PUBLIC AND UASI- PUBLIC USES
Zones
O -S
A -E
R -A
WE
R -O
R -1
R -2
RPD
TPD
1. Places of religious worship,
CUP
CUP
CUP
CUP
CUP
CUP
CUP
with or without schools
2. Clubhouses with or without
CUP
CUP
CUP
CUP
CUP
alcoholic beverage sales
3. Colleges and universities
CUP
4. Communication facilities
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
5. Energy production from
CUP
CUP
CUP
renewable resources
6. Governmental uses
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
including, but not limited to
city offices, community rooms,
fire stations, human service
centers, libraries, police
stations, public utility facilities
7. Utility structures (electrical
AP
AP
AP
AP
AP
AP
AP
AP
AP
boxes, transformers and valve
apparatus that have no covered
floor area and are attached to
the ground by poles, columns
or pedestals shall not require a
zoning clearance)
D. ACCESSORY AND MISCELLANEOUS
USES
Zones
O -S
A -E
R -A
WE
R -O
R -1
R -2
RPD
TPD
1. Animal keeping in
S \Community Development \DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc
0'0102
PROPOSED ZONING ORDINANCE AMENDMENT
Zones
O -S,
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
accordance with the
requirements of Section
17.28.030
a. Apiculture
ZC
ZC
ZC
b. Aviaries
AP
AP
AP
AP
c. Farm animals including
horses and ponies subject to
the requirements of Section
17.28.30.
d. Pet animals are allowed in
all zones subject to the
requirements of Section
17.28.030C
e. Wild animals subject to the
AP
AP
AP
requirements of Chapter 6.24.
2. Accessory structures
a. balcony, deck, patio covers,
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
room additions, or storage
sheds
b. Fences and walls greater
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
than six (6) feet and retaining
walls greater than three (3) feet
in height, paving and decks
when constructed higher than
thirty (30) inches above the
immediate surrounding natural
grade.
c. Swimming, wading or
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ornamental pools designed for
a water depth greater than
eighteen 18 inches.
3. Antenna or flag pole, ground
mounted, non - commercial
AP
AP
AP
AP
AP
AP
AP
AP
AP
a. <35 -feet high
b. >35 -feet high
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
4. Dwelling, caretaker
AP
AP
AP
AP
AP
AP
AP
AP
AP
5. Dwellings, farm labor
AP
AP
AP
6. Home occupation when
conducted in an existing single
family home and consistent
with the requirements of
Section 17.28.02013.
7. Maintenance and minor
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
repair to buildings involving
structural alterations
8. Motion picture and
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
television production and
related activities and structures
(activities of a maximum of 42
S:\Community Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.d 600103
PROPOSED ZONING ORDINANCE AMENDMENT
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
days in any 180 day period are
considered temporary and shall
comply with the requirements
of Section 17.28.120 and Title
5 of the Moorpark Municipal
Code
9. Mobilehomes or recreation
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
vehicle as temporary dwelling
on the site of an active
building permit during
construction
10. Produce stands in
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
compliance with the
requirements of Section
17.28.070
11. Recreational facilities, non-
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
profit or for profit, including,
but not limited to athletic
fields, bicycle and skate parks,
community centers, golf
courses, gymnasiums, retreats,
riding stables, Bicycle and
skate parks shall be in
compliance with section
17.28.240. (Public park and
recreation facilities are
permitted in all zones and do
not require a conditional use
permit or a zoning clearance.
12. Second dwellings when in
AP
AP
AP
AP
AP
AP
AP
AP
compliance with the
requirements of Section
17.28.020G
13. Storage of building
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
materials in accordance with
the requirements of Section
17.28.160
14. Storage, open consistent
-
-
-
-
-
-
-
-
with Section 17.28.020F.
15. Soil testing for wells,
-
-
-
-
-
-
-
-
-
foundations, septic systems
and similar construction.
16. Temporary uses including,
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
but not limited to carnivals,
Christmas tree sales, circuses,
festivals, , movie and
television production, sidewalk
sales, special events, outdoor
sales, when in compliance with
SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and ResolutionsTC 030701 Proposed -Use by Zone 17.20.dW 010 4
PROPOSED ZONING ORDINANCE AMENDMENT
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
Chapter 17.44. Issuance of a
CUP
CUP
2. Automobile/light truck/motorcycle
AP
AP
temporary use permit shall
AP
AP
AP
a. rental
a. brakes, oil changes tires and shock sales and
installation, tune -ups (with or without hydraulic
lifts
AP
AP
take the place of a zoning
AP
AP
b. engine rebuilding, transmission repair, steam
cleaning, auto body, painting
CUP
CUP
clearance. Temporary uses
c. sales, service and parts
CUP
CUP
lasting more than 180 days
CUP
CUP
CUP
4. Body piercing and/or tattoo
require an AP.
CUP
CUP
5. Building supplies
AP
Section 17.20.060 Permitted uses in commercial and industrial zones.
Permitted uses in commercial and industrial zones are set forth in Table 17.20.060 below and in the
conditions of approval of any applicable commercial and industrial planned development permits. In
addition to the entitlements required by Table 17.20.060, a planned development permit is required in all
commercial and industrial zones for any use where the total gross floor area of buildings on the property is
10,000 square feet or greater. Prior to the issuance of a Zoning Clearance, a discretionary permit, or an
exception, the community development director shall verify that the site, use or structure has an approved
planned development permit if needed in accordance with this Section and Section 17.44.040(C). All uses
shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations.
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank] = Not permitted, [ - ] = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP
= Administrative permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit
Zones
C-O
C -1
CPD
C -2
GOT
M -1
I M -2
I
A. RETAIL AND SERVICE USES
1. Adult businesses
CUP
CUP
2. Automobile/light truck/motorcycle
AP
AP
AP
AP
AP
AP
a. rental
a. brakes, oil changes tires and shock sales and
installation, tune -ups (with or without hydraulic
lifts
AP
AP
AP
AP
b. engine rebuilding, transmission repair, steam
cleaning, auto body, painting
CUP
CUP
CUP
c. sales, service and parts
CUP
CUP
3. Automobile service stations with or without mini-
marts and with or without beer and wine sales for
off -site consumption
CUP
CUP
CUP
4. Body piercing and/or tattoo
CUP
CUP
5. Building supplies
AP
CUP
6. C ber cafes, video/computer arcades, game rooms
CUP
CUP
CUP
7. Car washes, self - service or automatic with or
without automotive services stations
CUP
CUP
8. Hay and feed sales
CUP
CUP
9. Hotels, motels and bed - and - breakfast inns
CUP
CUP
CUP
CUP
SACoinmunity Development \DEV PM'rS\Z O A\2002 \05 Entitlement \Ordinances and ResolutionsTC 030701 Proposed -Use by Zone 17.20.doc
000105
PROPOSED ZONING ORDINANCE AMENDMENT
Zones
CPD
GO
C -1
C -2
GOT
M -1
M -2
I
10. Kennels and catteries
CUP
CUP
11. Liquor stores (when located no closer than
AP
AP
AP
1,000 -feet of any other liquor store or public or
private school)
12. Massage, therapeutic when in compliance with
AP
AP
AP
AP
Chapter 5.48
13. Nurseries with or without container grown plants
AP
AP
AP
when all equipment and supplies kept in an enclosed
area
14. Pawnshops when in compliance with Chapter
CUP
CUP
5.32
15. Pest control services
AP
AP
16. Private post offices, parcel services, copy centers
ZC
ZC
ZC
ZC
17. Psychics, fortunetelling, and spiritual advisors
CUP
CUP
when in compliance with Title 5 of the Moorpark
Municipal Code
18. Recreation vehicle storage yard
CUP
CUP
19. Recycling centers
CUP
CUP
CUP
20. Recycling drop -off bins when located in an area
ZC
ZC
ZC
ZC
ZC
ZC
determined by the community development director
not to be in conflict with parking, vehicle or
pedestrian circulation
21. Rental and leasing of large equipment
AP
AP
with/without outdoor storage and repair
22. Retail shops and services, except as otherwise
ZC
ZC
ZC
ZC
indicated in this Table, including, but not limited to
antiques, art/art supplies, auto supply, bakery,
barbers, beauty salons, bicycle sales /service, book
and stationery, camera/photo, carpet sales /cleaning,
cigar /cigarette sales, clothing and fabric, computer
sales, copy services and supplies, day care,
department and variety, dry cleaners, florist,
flooring/carpet sales /service, food and market, gift
and novelty, hardware, home and office furniture,
jewelry, key and locksmiths, music, newstands, pet
grooming, pet supplies, pharmacy, photo /camera,
pool supplies, sporting goods, small equipment
rental (no outdoor storage), spa, toy and hobby, used
merchandise, video/DVD /CD sales and rental,
wireless sales/service and uses which the community
development director determines to be similar when
in compliance with section 17.20.020
23. Retail sales combined with limited distribution
AP
AP
and/or warehousing
24. Retail sales in the M -1 and M -2 zone limited to a
AP
AP
maximum of 20 % of the gross floor area of the
building in which it is located. In an industrial
complex the 20 % shall be co up ted on the basis of
SACommunity Development\DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions \PC 030701 Proposed -Use by Zone 17.20.doc
On010E
PROPOSED ZONING ORDINANCE AMENDMENT
Zones
CPD
GO
C -1
C -2
GOT
M -1
M -2
I
the cum_mulative total
TUP
TUP
25. Retail sales (temporary) in the M -1 and M -2
zones. Issuance of a temporary use permit shall take
the place of a zoning clearance.
26. Thrift stores, consignment store
ZC
ZC I
ZC
B. EATING AND DRINKING PLACES
1. Alcoholic beverage sales for off -site consumption
when in conjunction with another city approved use
AP
AP
AP
AP
AP
a. beer and/or wine
b. beer, wine and other alcoholic beverages
CUP
CUP
CUP
CUP
CUP
2. Bars with or without entertainment including,
CUP
CUP
CUP
CUP
but not limited to cocktail lounges, cabarets
3. Breweries, micro breweries, wineries/tasting
rooms
a. With or without restaurant and with or without
CUP
CUP
AP
AP
outdoor seating
b. With or without restaurant and with
CUP
CUP
CUP
CUP
entertainment and with or without outdoor seating
4. Restaurants and similar establishments engaged
primarily in the retail sale of prepared food for on-
site or off -site consumption in accordance with the
restrictions below
a. With or without entertainment and with or
AP
AP
AP
AP
AP
without on -site consumption of beer and wine and
with or without outdoor seating
b. With or without entertainment and with on -site
CUP
CUP
CUP
CUP
CUP
consumption of beer, wine and other alcoholic
beverages and with or without outdoor seating
c. With drive -in or drive - through facilities (off -site
CUP
CUP
CUP
CUP
CUP
sale of all alcoholic beverages is prohibited) with or
without outdoor seating
C. OFFICE AND PROFESSIONAL USES
Zones
C -2
M -1
M -2
GO
C -1
CPD
GOT
IPD
IPD
I
1. Banks and other financial institutions
ZC
ZC
ZC
ZC
2. Laboratories: research and scientific
AP
ZC
ZC
3. Professional and administrative offices,
ZC
ZC
ZC
ZC
ZC
ZC
including, but not limited to: accounting,
advertising agencies, chiropractic, collection
services; dental, direct mail marketing companies,
employment agencies, engineering services
insurance, investment, medical, optical and related
health services; planning services, real estate
services; secretarial services, travel agencies, and
uses which the community development director
determines to be similar when in compliance with
section 17.20.020
4. Veterinary offices and animal hospitals
9
SXommunity Development \DEV PMTS�Z O A,2002\05 Ent it lement\Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc
O C 010'7
PROPOSED ZONING ORDINANCE AMENDMENT
Zones
CPD
GO
C -1
C -2
C -OT
M -1
M -2
I
a. Without boarding (keeping of animals indoors
AP
AP
AP
AP
AP
AP
and on -site for medical purposes shall not be
considered boarding)
b. With boarding indoors or outdoors
CUP
CUP
CUP
D. MANUFACTURING, ASSEMBLY, AND DISTRIBUTION
USES
1. Cement, concrete and plaster, and product
CUP
fabrication
2. Distribution and transportation facilities
CUP
CUP
3. Heavy machinery repair, including trucks, tractors
CUP
and buses
4. Manufacturing and assembly including, but not
ZC
ZC
limited to appliances, cabinets, cleaners, clothing,
computers, cosmetics, detergents, electronics,
furniture, leather products, machinery, medical and
scientific instruments, paper, perfumes,
pharmaceuticals, photographic and optical goods,
plastic products, signs and advertising displays,
soap, textiles and other uses which the community
development director determines to be similar
when in compliance with section 17.20.020
5. Outdoor storage when in conjunction with a city
CUP
AP
approved use and when all storage is screened by an
8 -foot high masonry wall architecturally matched to
the structure.
6. Warehousing, including self - storage or mini-
CUP
CUP
storage. Self- storage or mini - storage shall not be
permitted on parcels adjacent to Arterial Roads or
Freeways as shown on the Moorpark Circulation
Element Map.
6. Welding
AP
ZC
E. PUBLIC AND SEMI - PUBLIC USES
Zones
C -2
M -1
M -2
CO
C -1
CPD
GOT
IPD
IPD
I
1. Amusement and recreational facilities as defined
in Chapter 17.08
a. Arcades video and computer)
CUP
CUP
CUP
CUP
b. Health club/gymnasium/fitness center/spa
AP
AP
AP
AP
CUP
2. Places of religious worship
3. Clubhouses, social clubs, service clubs with or
AP
AP
AP
AP
AP
without alcohol
4. Communication facilities, including wireless
CUP
CUP
CUP
CUP
CUP
CUP
CUP
5. Energy production from renewable resources
CUP
CUP
6. Public education and training facilities including,
ZC
but not limited to colleges and universities,
elementary, middle and high schools, professional
and vocational schools
7. Governmental uses including, but not limited to
CUP
CUP
CUP
CUP
I CUP
I CUP
CUP
10
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OL X3108
PROPOSED ZONING ORDINANCE AMENDMENT
Zones
CPD
C -O
C -1
C -2
C -OT
M -1
M -2
I
city offices, community rooms, fire stations, human
service centers, libraries, police stations, public
utility facilities
8. Hospitals including urgent care
AP
AP
AP
AP
9. Recreational facilities (private) with/without food
AP
AP
AP
AP
AP
CUP
services, including but not limited to bicycle and
skate parks, golf courses, gymnasiums, fitness,
health spas, martial arts, racquetball, yoga. Bicycles
and skate parks shall be in compliance with section
17.28.240.
10. Utility structures (electrical boxes, transformers
AP
AP
AP
AP
AP
AP
AP
and valve apparatus that have no covered floor area
and are attached to the ground by poles, columns or
pedestals shall not require a zone clearance
F. ACCESSORY AND MISCELLANEOUS USES
Zones
C -2
M -1
M -2
C -O
C -1
CPD
GOT
IPD
IPD
I
1. Dwelling, caretaker for self storage or mini -
AP
warehouse
2. Outdoor sales
CUP
CUP
CUP
CUP
CUP
CUP
3. Retail shops and services as listed in Table
AP
17.20.060A.22 when the uses are determined by the
community development director to be ancillary to
the office uses of the zone
4. Temporary uses including, but not limited to
TUP
TUP
TUP
TUP
TUP
TUP
TUP
carnivals, Christmas tree sales, circuses, festivals, ,
movie and television production, sidewalk sales,
special events, outdoor sales, when in compliance
with Chapter 17.44. Issuance of a temporary use
permit shall take the place of a zoning clearance.
Temporary uses lasting more than 180 days require
an AP.
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PROPOSED ZONING ORDINANCE AMENDMENT
Chapter 17.28
STANDARDS FOR SPECIFIC USES
Sections:
17.28.010
Purpose.
17.28.020
Standards relating to dwellings.
17.28.030
Standards relating to animals.
17.28.040
Auto, boat and trailer sales lots.
17.28.050
Mobilehome parks.
17.28.060
Reserved.
17.28.070
Produce stands.
17.28.080
Reserved.
17.28.090
Reserved.
17.28.100
Reserved.
17.28.110
Reserved.
17.28.120
Motion picture and TV production, temporary.
17.28.130
Outdoor sales and services, temporary.
17.28.140
Christmas tree sales.
17.28.150
Temporary buildings during construction.
17.28.160
Storage of building materials, temporary.
17.28.170
Reserved.
17.28.180
Reserved.
17.28.190
Reserved.
17.28.200
Reserved.
17.28.210
Reserved.
17.28.220
Reserved.
17.28.230
Reserved.
17.28.240
Bicycle and Skate Parks.
17.28.250
Reserved.
Section 17.28.010 Purpose.
The purpose of this chapter is to set forth standards and regulations in addition to the required
standards and regulation which apply to specific uses as listed in section 17.20.050 and section
17.20.060.. (Ord. 189 § 3 (8107 -0), 1994)
Section 17.28.020 Standards relating to dwellings.
A. Antennas, Ground - Mounted. No antenna or mast shall exceed seventy -five (75) feet in
height. The crank -up variety antennas shall be used. All units are encouraged to be color -
coordinated to harmonize with predominant structural background material, so as to reduce visual
impacts. Where feasible, support structures shall be screened from public view. The most
unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to
main or accessory buildings in order to provide background screening for the support structure.
The height, nature, texture and color of all materials to be used for the installation, including
landscape materials, shall be submitted with the permit application.
B. Home Occupations. See Chapter 5.88.
C. Mobilehomes and Manufactured Housing.
1. Mobilehome Construction. Mobilehomes may be used as single- family dwellings if the
mobilehome was constructed on or after June 15, 1976. Mobilehomes used as second dwellings
are subject to this date limitation.
2. Mobilehome Foundation System. Mobilehomes which are used as single - family
EXHIBIT `%B" 000110
PROPOSED ZONING ORDINANCE AMENDMENT
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 dwellings, manufactured mobilehome skirting shall completely enclose
the mobilehome, including the tongue, with a color and material that will be compatible with the
mobilehome. The siding shall be covered with an exterior material customarily used on
conventional dwellings and approved by the department of community development.
4. Site Plan and Elevations. The site plans and elevations of the proposed housing unit are
subject to review and approval of the department of community development. Applicants are
required to submit designs which are in keeping with the overall character and quality of the
neighborhood and community.
5. Roof Pitch. The mobile home or manufactured housing unit shall have a roof with a pitch
of not less than two (2) inches vertical rise for each twelve (12) inches of horizontal run and
consisting of shingles or other material customarily used for conventional dwellings and approved
by the department of community development and the building official.
6. Porches and Eaves. The mobile home or manufactured housing unit may be required to
have porches and eaves, or roofs with eaves when, in the opinion of the department of community
development, it is necessary to make it compatible with the dwellings in the area.
D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A
mobilehome or recreational vehicle may be used for living purposes for a twelve (12) month
period by the owner (s) of a lot for which a building permit has been issued, is in full force and
effect on the same site, and construction is underway. The community development director may
grant one (1) additional twelve (12) month 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 the issuance of a zoning clearance for occupancy the mobilehome or
recreational vehicle shall cease use as a dwelling, be disconnected from such systems, and 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. In no case shall the mobilehome or recreation vehicle be rented,
leased or otherwise occupied by the owner of the lot. 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
community development director.
E. Reserved.
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 interior side lot lines.
2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed
an aggregate area of two hundred (200) square feet. On lots greater in area than twenty thousand
(20,000) square feet, the aggregate area shall not exceed one percent (1%) 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.
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PROPOSED ZONING ORDINANCE AMENDMENT
3. With the exception of boats and unstacked automotive vehicles, the materials shall be
limited to a height of six (6) feet.
4. Open storage must be accessory to the principal use of the property, and not related to
any off -site commercial business or activity.
5. The following are not considered to fall within the definition of open storage, and are
therefore exempt from the above open storage regulations:
a. Materials or equipment kept on any lot for use in construction of any building or room
addition on said lot for which a zoning clearance and necessary building permits are obtained and
in force, provided that such storage is neat and orderly, and does not exceed an area equal to the
gross floor area of the building or addition under construction. Stored materials shall be installed
within one hundred eighty (180) days of their placement on the lot; however, the community
development director may grant a time extension for good cause, based on a written request from
the applicant;
b. Items used periodically or continuously on the property by the resident(s) thereof, such as
outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor
cooking equipment, and recreational equipment, accessory to the principal use;
c. Operative vehicles, boats, vehicles, or other items placed on trailers which are operative
and licensed for travel on public thoroughfares;
d. One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one (1)
location on the lot.
G. Second Dwelling.
1. Standards and Requirements. A second dwelling, as defined in Section 17.08.010,
requires approval of a zoning clearance, 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 and shall be a lot
which conforms to the minimum lot width, depth and size of the zone in which it is located.
b. The lot on which a second dwelling is to be constructed shall contain an existing single -
family dwelling, which is owner occupied at the time of application for a zoning clearance and
building permit for the second dwelling.
c. The maximum size of the second dwelling shall be no larger than the primary dwelling
and shall be limited to the following lot size limitations:
Lot Size
Max. 2° Unit Size ins . ft.
10,890 — 21,780 s . ft.
800
21,781 — 43,560 s . ft.
900
1 — 5 acres
1,000
>5 acres
1,100
d. No more than one (1) second dwelling is allowed on each lot.
e . The second dwelling shall not be sold as a separate unit, but it may be rented.
f. 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.
g. 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 residential
planned development (RPD) permit (see Section 17.36.030(B)(3)); or (ii) the setback
requirements of the applicable zone district (see Section 17.24.020).
h. Architectural standards of the second dwelling shall conform to the existing single - family
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PROPOSED ZONING ORDINANCE AMENDMENT
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.
i. The only accessory structures that may be attached to, or share a common wall with, a
detached second dwelling are a garage or carport.
j. The following parking standards shall apply:
k. The number of parking spaces required shall be as follows:
(A) One (1) covered or uncovered parking space for studio or one bedroom units.
(B) Two (2) covered or uncovered parking spaces for two (2) bedroom units. For more than
two (2) bedroom units additional parking may be required provided that the community
development director finds that additional parking is directly related to the use of the second unit
and is consistent with the existing neighborhood standards applicable to the existing dwellings.
(i) The size of each required off - street parking space shall be an unobstructed minimum of
nine (9) feet wide by twenty (20) feet long.
(ii) The parking space(s) provided for the second dwelling shall not be located in a required
dwelling unit setback and shall be paved.
(iii) The required off - street parking space(s) for a second dwelling shall be in addition to the
parking required for the existing single- family dwelling, and shall be located on the same lot as
the existing single - family and second dwellings.
(iv) Access to the parking area for a second dwelling shall be at least ten (10) feet wide and
paved.
1. The community development director 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 when it is in compliance
with all of the mobilehome and manufactured housing standards of subsection C of this section.
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 community
development director in the residential zones in the case where the antenna is ground mounted
and the entire apparatus does not exceed eight (8) feet from the ground, when the antenna is to be
located in the side or rear yard and conforms to the side or rear yard residential setbacks for
accessory buildings, when the antenna is not visible from the public right -of -way, and when the
antenna is provided with a screening cover.
b. Satellite antennas located in any commercial, industrial, public facility, or any
multifamily zone, will be required to receive approval from the department of community
development. The department of community development 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 application 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 trees, other natural features and proposed
landscaping 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.
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PROPOSED ZONING ORDINANCE AMENDMENT
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 construction 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 community development director only if ground mounting is infeasible. If
allowed, roof - mounted antennas shall have screening designed as an integral part of the building
and blend or match the color of the building.
Section 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
corrals, barns, pens or other enclosure. All corrals, pens, coops, lofts, exercise areas, or other
similar structures 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 maintained 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 community development director, based upon a determination 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 residential or agricultural uses, for recreational purposes (and as protection) as
provided in subsection (13)(1)(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. Single family dwellings may keep 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) animals. Multifamily
dwellings may have up to two (2) dogs, cats, pot - bellied pigs or miniature horses or any
combination not to exceed a total of two (2) animals.
c. The offspring of animals are allowed and shall not be counted towards the maximum
allowed number until they are weaned or self - sufficient age. Dogs and cats, pot - bellied pigs and
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PROPOSED ZONING ORDINANCE AMENDMENT
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 residential, 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 less than four (4) months from old shall not be
counted in the total.
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 community
development director.
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:
Zone
Minimum Lot
Animal Units Permittedt•2
Distance Separation
Area
Requirements'
Required
O -S
10,000 sq. ft.
Lots < 20,000 sq. ft.: two units'. Lots
Except for movement on and
A -E
20,000 sq. ft. to 10 acres: 1 unit per 10,000
off the property, animals shall
R -A
sq. ft. of lot area.
not be kept, maintained or
Lots > 10 acres: no limit.
used in any way, inside or
outside of any structure,
R -O
20,000 sq. ft.
Horses/ponies: 3 units plus 1 unit per
30,000 sq. ft. of total lot area.
within 40 feet of a structure
Other animals: 1 unit per 10,000 sq. ft. of
used for human occupancy
total lot area.
other than the owner's
residence.
R -E
10,000 sq. ft.
2 units minimum plus 1 unit per 20,000 sq.
ft. of total lot area .4
R -1
20,000 sq. ft.
1 unit per 10,000 sq. ft. of lot area.
Notes:
1. In calculating the allowable number of animals, fractional numbers shall be rounded to
the lower whole number.
2. Animal offspring are allowed and shall not be counted until they are weaned.
3. 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 (1 /10) 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.
04 0115—
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PROPOSED ZONING ORDINANCE AMENDMENT
Animal Type
Animal Unit
Equivalent
Animal Type
Animal Unit
Equivalent
Bull
1.0
Horse
1.0
Chicken
0.1
Pony
0.5
Cow
1.0
Mule
1.0
Donkey
1.0
Peafowl
0.5
Duck
0.1
Pig
0.5
Game Hen
0.1
Rabbit or other fur-
bearing animal of
similar size at
maturity
.05
Goat, female
0.33
Racing Pigeon
.05
Goat, male
0.5
Sheep
0.33
Goose
0.16
Turkev
0.16
Guinea Fowl
0.5 EJ
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.
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 community development director 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 community development director;
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 community
development director.
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 community development
director. Decisions of the community development director 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.
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PROPOSED ZONING ORDINANCE AMENDMENT
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 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)
Section 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.
Section 17.28.050 Reserved.
Section 17.28.060 Reserved.
Section 17.28.070 Produce stands.
A. One (1) produce stand per lot is allowed.
B. The produce stand shall be accessory to the permitted crop production on the same lot,
and only if at least ninety -five percent (95 %) of the area of the lot is devoted to crop production.
C. A produce stand may sell raw unprocessed fruits, vegetables, nuts, seeds, cut flowers, and
ornamental plants grown on the same lot and on other lots, under the same ownership, which are
located in the city.
D. The floor area of the produce stand shall not exceed four hundred (400) square feet.
E. The produce stand shall be setback at least thirty (30) feet from any public road, street or
highway. This setback area shall be kept free and clear of impediments in order to provide an area
for off - street parking.
F. The construction thereof shall be of a temporary nature and shall not include a permanent
foundation.
G. One (1) freestanding sign a maximum height of eight (8) feet and a maximum of thirty-
two (32) square feet and one (1) sign attached to the produce stand, in addition to signs otherwise
allowed on the property pursuant to Chapter 17.40, are allowed.
Section 17.28.080-17.28.110 Reserved.
Section 17.28.120 Motion picture and TV production, temporary.
Such outdoor filming shall not result in high or unreasonable 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)
Section 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)
Section 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 31 st of the same year. Christmas tree sales are allowed one (1) temporary, unlighted
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identification sign not exceeding twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13), 1994)
Section 17.28.150 Temporary buildings during 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)
Section 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 subdivision. Such storage is permitted during construction and for
forty -five (45) days thereafter. (Ord. 189 § 3 (8107 -15), 1994)
Section 17.28.170 — 17.28.230 Reserved.
Section 17.28.240 Bicycle and Skate Parks.
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 bicycles and skates such as, but not limited to: skateboards,
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, trespassing, 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 I 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 following 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.
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 any building on the site, unless the facility is not visible from the public or private
right -of -way or neighboring building and otherwise conforms to the applicable setback
requirements.
E. Construction Standards. All facilities shall be constructed so as to minimize visual and
auditory impacts.
1. The sides of all Facilities that are above ground, not including any rails, 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
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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. Signage for the Facilities shall be in accordance with
Chapter 17.40.
F. Hours of Operation. The use of Facilities shall be limited to daylight hours between nine
(9:00) a.m. and seven (7:00) p.m., Monday through Saturday.
G. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
H. Removal. Facilities shall be removed within ninety (90) days when no longer used, or
capable of being safely used for their intended purpose.
I. 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.
Section 17.28.250 Reserved.
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Chapter 17.44
APPLICATION REVIEW PROCEDURES
Sections:
17.44.010 Purpose.
17.44.020 Legal lot requirement.
17.44.030 Zoning clearances.
17.44.040 Discretionary permits and exceptions.
17.44.050 Amendments to the general plan, specific plans, zoning map, and zoning code.
17.44.060 Filing and processing of applications.
17.44.070 Public hearing procedures.
17.44.080 Decisions.
17.44.090 Appeals.
17.44.100 Modification, suspension and revocation.
Section 17.44.010 Purpose.
The purpose of this chapter is to establish review procedures for land -use entitlement applications
including permits and variances; and applications to amend or adopt the general plan, specific plans, the zoning
map or zoning ordinance.
Section 17.44.020 Legal lot requirement.
No entitlement shall be granted or permit be issued for construction on a lot, which is not a legal lot, as
defined by the state Subdivision Map Act and the subdivision ordinance.
Section 17.44.030 Zoning Clearance.
A. Purpose. A zoning clearance is a permit that is granted on the basis of a ministerial decision by
the community development director 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.
B. Applicability_ Except as provided in chapter 17.20, a zoning clearance is required prior to the
implementation of uses of land or structures, construction requiring building permits, and the
commencement 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 uses of land or
structures:
1. Are permissible by right under the present zoning on the land and the city's zoning and
subdivision ordinances;
2. Are compatible with the policies and land use designations specified in the general plan, and any
applicable specific plan;
3. Comply with the applicable terms and conditions of any applicable permit or other entitlement;
4. Are not located on the same site where a violation of this municipal code exists or are not in
violation of the terms of an existing permit covering the site or structure, unless the zoning clearance is
necessary to abate the violation;
5. Are not being requested by or on a site where there are outstanding entitlement, processing or
condition compliance fees owed to the city; and
6. Are consistent with the portions of the county hazardous waste management plan that identify
specific sites or siting criteria for hazardous waste facilities.
C. Expiration. Zoning clearances shall expire one hundred eighty (180) days after issuance, unless
otherwise indicated by the community development director on the clearance or unless the use of land or
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structures or building construction has commenced and is being diligently pursued, as evidenced by current
inspections and/or valid building permits.
Section 17.44.040 Discretionary permits and exceptions.
The following discretionary permits and exceptions are authorized by this title. If more than one
discretionary permit or exception application is required for a proposed use or structure, the community
development director may require all applications for the proposed use or structure to be filed, processed,
considered, and decided concurrently through the most stringent decision - making process and by the highest
decision - making authority of the permits and/or exceptions requested.
A. Temporary Use Permit (TUP). A temporary use permit is required prior to initiation of uses
or structures in a given zone as specified by chapter 17.20 of this title that are to be established for a
temporary period of time (not to exceed ninety (90) days). Temporary use permit applications require
review and approval by the community development director to assure compliance with the requirements of
this title, and may be conditioned to protect the health, safety, life, or property of the applicant or the public.
One additional ninety (90) day extension to a temporary use permit may be granted. A temporary use permit
may be revoked by the community development director prior to the expiration date based upon information
that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the
public.
B. Administrative Permit (AP). An administrative permit is required prior to the initiation of
uses and structures in a given zone as specified in chapter 17.20 of this title where review and approval by
the community development director is required to assure compliance with the provisions of the Moorpark
Municipal Code. An administrative permit application is subject to site plan and architectural review.
Notice of a pending decision on an administrative permit shall be mailed by the community development
director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning
compliance of the proposed use or structure with the general plan, municipal code, or other applicable
regulations will be accepted during the period before the date of the decision. After the comment period has
ended, the community development director may approve the permit, deny the permit, or approve the permit
subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal
code, and any other applicable regulations.
C. Planned Development (PD) Permit. A planned development permit is required prior to
initiation of uses and structures in a given zone as specified in chapter 17.20 of this title where review by the
planning commission and city council through a public hearing process is required to assure the project
design complies with the provisions of this title and the general plan, and is compatible with neighboring
properties. A planned development permit application is subject to site plan and architectural review and
may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles
and colors of all proposed buildings, structures and other on -site improvements, landscaping design,
neighborhood design, and permitted land uses shall be established as part of the planned development permit
review and approval process. Any change to the initial permitted land uses shall require a modification
consistent with the requirements of section 17.44.100. The planning commission and city council shall each
hold at least one (1) public hearing on any planned development permit application. Following a public
hearing, the planning commission shall make a written recommendation to the city council whether to approve,
conditionally approve, or deny the application. The city council shall be the decision authority for all planned
development permits. Prior to approving, conditionally approving, or denying an application for a planned
development permit, the city council shall adopt written findings, by resolution, based upon substantial
evidence in view of the whole record to justify the decision. In order for a planned development permit to
be approved, the city council shall find that:
1. The site design, including structure location, size, height, setbacks, massing, scale,
architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any
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applicable specific plans, zoning ordinance, and any other applicable regulations;
2. The site design would not create negative impacts on or impair the utility of properties,
structures or uses in the surrounding area; and
3. The proposed uses are compatible with existing and permitted uses in the surrounding area.
D. Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of
uses in a given zone as specified by chapter 17.20 of this title where review by the city council through a
public hearing process is required to determine if the proposed use complies with all necessary findings
listed in this subsection. A conditional use permit is not allowed as a matter of right, but is subject to site
plan and architectural review and may be approved, conditionally approved, or denied. Prior to approving,
conditionally approving, or denying an application for a conditional use permit, the city council shall adopt
written findings, by resolution, based upon substantial evidence in view of the whole record to justify the
decision. In order for a conditional use permit to be approved, the city council shall find that:
1. The proposed use is consistent with the provisions of the general plan, zoning ordinance,
and any other applicable regulations;
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area;
3. The proposed use is compatible with the scale, visual character, and design of surrounding
properties;
4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring
property or uses; and
5. The proposed use would not be detrimental to the public health, safety, convenience, or
welfare.
6. Additional Finding for Hazardous Waste Facilities. The following additional finding is
required for the approval of conditional use permits for hazardous waste facilities:
a. The proposed hazardous waste facility is consistent with the portions of the county
hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities.
7. Additional Findings for Establishments Selling Alcoholic Beverages. The following
additional findings are required for the approval of conditional use permits for establishments selling
alcoholic beverages:
a. The use 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 neighborhood so as to cause blight, deterioration or substantially diminish or impair
property values within the neighborhood.
E. Variance. A variance is an adjustment in the regulations contained in this title. A variance
is based on discretionary 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. A variance shall be processed in
accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a
substitute to an amendment to these zoning regulations. Except as provided in subsection F of this section,
variance requests shall be heard and decided by the planning commission through a public hearing process.
Prior to approving, conditionally approving, or denying an application for a variance, the planning
commission shall adopt written findings, by resolution, based upon substantial evidence in view of the
whole record to justify the decision. In order for a variance to be approved, the decision - making authority
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shall find that:
1. 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 privileges enjoyed by other property owners in the vicinity and under identical zoning
districts; and
2. The granting the requested variance will not confer a special privilege inconsistent with the
limitations upon other properties in the same vicinity and zone; and
3. 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
4. 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
5. 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 (CHWMP) that identify specific sites or
siting criteria for hazardous waste facilities.
F. Administrative Exception.
1. An administrative exception may be granted by the community development director for
minor adjustments to the zoning regulations. An administrative exception may be granted only in the
following situations:
a. To allow a decrease of up to 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 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;
C. To allow an increase up to ten percent (10 %) for maximum building coverage, sign area or
sign height;
d. To allow up to a five- percent (5 %) decrease in the required lot area for second units.
2. A notice of a pending decision on an administrative exception shall be mailed out to the
adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at
least ten (10) days prior to the date of the decision. Public comments concerning the administrative
exception will be accepted during the period before the date of the decision. After the comment period has
ended, the community development director may approve the exception, deny the exception, or approve the
exception subject to conditions, if necessary for the exception to comply with the general plan, municipal
code, and any other applicable regulations. The director's decision is final unless appealed within ten (10)
day in accordance with section 17.44.090. In the approval of an administrative exception the director shall
find that:
a. The granting of the exception will not create negative impacts to abutting properties; and
b. 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. The granting of the exception is consistent with the general plan and/or any applicable
specific plan.
Section 17.44.050 Amendments to the general plan, specific plans, zoning map, and zoning code.
A. Authority. The adoption or amendment of a general plan element or map, specific plan,
zoning map or zoning ordinance is a legislative act. 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. Following a
public hearing, the planning commission shall make a written recommendation to the city council whether to
approve, approve in modified form, or disapprove any proposed amendment. The city council shall be the
decision authority for all general plan amendments, specific plans, and zoning amendment requests.
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PROPOSED ZONING ORDINANCE AMENDMENT
B. Initiation. Proposals to amend the general plan, any specific plan, the zoning map or zoning
code may be initiated by either of the following methods:
1. By the owner or the owners agent of the affected property filing an application with the
community development director.
2. By the adoption of a resolution of intent by the city council either directly or upon the
recommendation of either the planning commission or the community development director.
C. Pre - Screening. Applications for general plan amendments proposed pursuant to Section
17.44.050(B)(1) shall only be accepted following successful completion of a pre- screening application
review as established by resolution of the city council.
D. Study of Additional Area. The community development director, upon review of an
application or resolution of intention for an amendment to the general plan map, any specific plan map, or
zoning map may elect to process the study of additional areas for amendment concurrently with the
amendment request.
Section 17.44.060 Filing and processing of applications.
A. Submission of Applications. An application for a zoning clearance, discretionary permit or
variance, or an amendment or adoption of a general plan element or map, specific plan, zoning map or zoning
ordinance may be filed by the owner of the affected property or by an agent authorized by the affected property
owner. The application shall be filed with the community development director, conform to the requirements
of this title, contain all required materials and information prescribed by the forms supplied by the community
development director, and be accompanied by the appropriate processing fees as established by city council
resolution.
B. Fees.
1. Payment at Time of Application Submittal. Each application request shall be accompanied
by payment of the required fee established by Resolution of city council. 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.
2. Reimbursement for Code Enforcement Activities. Where a use has commenced, or
construction has begun prior to the granting of any required zoning clearance, discretionary permit or
exception, or amendment or adoption of a general plan element or map, specific plan, zoning map or zoning
ordinance, the applicant shall submit additional fees to cover the costs associated with code enforcement
activities at the time the application is submitted as determined by the community development director.
Payment of such additional fees shall not relieve persons from fully complying with the requirements of this
code, nor from any other penalties prescribed herein.
3. Failure to Pay. In the event that all fees and charges have not been paid prior to action on
the permit or variance the community development director shall include, as a condition of approval, the
requirement to pay all outstanding fees and charges consistent with the adopted city council fee resolution.
C. Existing Violations. No application pursuant to this title shall be accepted for processing if
there is an existing violation of the zoning ordinance, subdivision ordinance or municipal code on the
affected lot or building, until the violation is abated, unless the community development director has
determined that acceptance of the application is necessary to abate the existing violation.
D. Reapplication. No application pursuant to this title shall be accepted for processing for one
(1) year after a denial decision has become effective on a similar application as determined by the
community development director.
E. Content of Applications. The content of applications shall be determined by the community
development director and may include, but not be limited to site plans, building or structure elevations (in
color with building materials identified), floor plans, samples of exterior finishing materials, and
identification of development phases, if any.
F. Completeness of Application. A determination as to the completeness of an application
pursuant to this title shall be made by the community development director and the applicant shall be
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PROPOSED ZONING ORDINANCE AMENDMENT
notified in writing of this determination no later than thirty (30) calendar days after the city has accepted an
application under this title. Legislative acts, such as general plan amendments, zoning ordinance
amendments, zone changes, amendments to specific plans, specific plan adoption, and development
agreements, are not subject to this requirement. 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 community development director upon written request by the applicant showing good cause.
G. Review and Conditioning of Applications.
1. Agency Review. The community development director or designee may solicit comments
and recommendations on a permit or variance application from any city department, permitting agency,
service provider, and other interested party as deemed appropriate by the director or designee for the specific
application.
2. Consultant Review. The community development director or designee may refer any
application 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 application request.
3. Securities. Except as otherwise specified in this title, the decision- making authority may
require a 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 community
development director 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 applicant to perform or comply with any term or condition
of a discretionary entitlement, the decision - making authority may, after notice to the applicant and after a
public hearing, determine by resolution the amount of the penalty, and declare all or part of the security
forfeited. The applicant 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 applicant 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 applicant of any term or condition of the discretionary entitlement or of any applicable
ordinance or of the security.
C. The applicant shall maintain the minimum specified amount of a penal security throughout
the life of the entitlement. Within thirty (30) days of any forfeiture of a penalty security, the applicant shall
restore the security to the required level.
4. Abandoned OiUGas Wells. All applications will be reviewed for the location over or near
any abandoned or idle - deserted oil or gas well, based on maps provided by the State of California
Department of Conservation Division of Oil, Gas, and Geothermal Resources (D.O.G.G.R.). The city will
notify D.O.G.G.R. of the location of any proposed project that is found to be over or near any such well(s).
H. Continuance of Permit During Application Renewal Process. Unless otherwise provided in
the conditions of the permit or variance, permits and variances 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,
provided that the renewal application was accepted as complete by the city prior to the expiration of the
permit. All the terms and conditions of the permit or variance shall continue to be in full force and effect.
Section 17.44.070 Public hearing procedures.
A. Notice. For applications pursuant to this title requiring a public hearing before the city
council or planning commission, the community development director shall prepare a public hearing notice.
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The notice 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
location of the real property, if any, that is the subject of the hearing.
1. Publication. The community development director shall give notice of the public hearing,
consistent with the requirements of this section by publication at least ten (10) days prior to the hearing in a
newspaper of general circulation within the city, unless otherwise required by State or Federal statute.
2. Mailine. The community development director shall mail the notice of the public hearing
on permit or variance applications pursuant to Government Code Section 65091, as the same may be
amended from time to time. Notices shall be mailed to owners of real property, as identified on the latest
adjusted Ventura County Tax Assessor Roles, within one - thousand (1,000) feet of the exterior boundaries of
the assessor's parcel(s) subject to the hearing for all applications except applications affecting property
completely within the downtown specific plan boundaries and applications affecting one (1) single - family
residence, where notices shall be mailed to owners of real property, as identified on the latest adjusted
Ventura County Tax Assessor Roles, within three- hundred (300) feet of the exterior boundaries of the
assessor's parcel(s) subject to the hearing. If the number of owners to whom notice would be mailed is
greater than 1,000, the community development director may provide notice by placing a display
advertisement of at least one - eighth page in a newspaper of general circulation within the city at least ten
(10) calendar days prior to the hearing. In the case of appeal hearings, notice shall also be mailed to the
appellant and the decision- making authority whose order, requirement, permit, decision or determination is
the subject of the appeal at least ten (10) calendar days prior to the hearing.
3. Sign.
a. At least eleven (11) calendar days prior to the date of the public hearing, the applicant shall
install at least one non - illuminated sign on the subject property to notice the hearing. The sign shall be
thirty -two (32) square feet in area, not exceed eight (8) feet in height, and be placed in an area of the
property most visible to the public, not more than five (5) feet from the front property line in residential
areas, and not more than one (1) foot from the front property line in commercial and industrial areas. At
least one (1) sign for every five hundred (500) feet of street frontage shall be displayed per street frontage of
the subject property. The community development director may reduce the number of signs, however the
reduction shall be no less than one sign per street frontage.
b. The heading of the sign shall state: "Notice of public hearing on proposed development (fill
in the application name provided by the community development director) Case No. (fill in the case number
provided by the community development director)." The content of the sign shall describe the type of
project (residential, industrial or commercial), including the square footage, number of units, etc. Adjectives
such as "luxurious" or "elegant" shall not be used. The date, time and location of the public hearing, and the
telephone numbers and e-mail addresses of the developer and of case planner assigned to the application
shall also be included on the sign. The public hearing sign shall not contain any additional information
unless approved by the community development director.
C. The sign shall be removed from the property not more than twelve (12) calendar days after
the final action by the city on the application.
B. Hearing Process. For all discretionary entitlement applications with the exception of
administrative permits, temporary use permits, and administrative exceptions, the decision - making
authority(s) shall hold at least one (1) public hearing. At least three (3) working days prior to such hearing,
the community development director shall prepare a report on the project, along with any recommendations,
and provide copies of the report to the decision - making authority, the applicant and parties requesting copies
of the report. Presentation of the director's report and the public hearing process shall follow the hearing
process as described in the adopted rules of the planning commission and city council.
C. Referral for Information. Report, or Study. The planning commission may refer an
application back to the community development director for further report, information, or study. The city
council may refer a matter back to the planning commission or the community development director for
further report, information or study.
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PROPOSED ZONING ORDINANCE AMENDMENT
Section 17.44.080 Decisions.
A. Decision Options. The decision - making authority reviewing an application for a
discretionary permit or exception may approve, conditionally approve, deny or modify, wholly or partly, the
application 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 the Moorpark Municipal Code will be observed.
All conditions and restrictions applied to a decision on an application shall automatically continue to govern
and limit the subject use or structure unless the action of the decision - making authority clearly indicates
otherwise or the action of the decision - making authority is appealed.
B. Time Limits. All decisions on applications made pursuant to this title shall be made in
compliance with applicable time limits set forth by State law under the Permit Streamlining Act as most
recently amended, to the extent such applies, unless a mutually agreed -upon extension is approved by the
community development director and applicant as permitted by the Permit Streamlining Act.
C. Notice of Decision. The community development director shall notify the applicant of a
decision by the planning commission within thirty (30) calendar days following the effective date of a
decision. The city clerk shall notify the applicant of a decision by the city council within thirty (30)
calendar days following the effective date of a decision. The notification shall be provided in writing and
transmitted via U.S. mail or in an electronic format, such as through the internet or by facsimile. In the case
of appeals, the authority whose decision is the subject of an appeal shall also be notified of the decision.
D. Effective Date of Decisions.
1. A decision by the community development director or planning commission is effective ten
(10) calendar days from the date of decision unless an appeal is filed with the community development
director.
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 -maker authority's appeal period or until the appeal
has been resolved, whichever occurs later in accordance with section 17.44.090. Actions by the decision -
making authority are stayed pending the consideration of the appeal.
F. Expiration and Time Extension. Unless otherwise specified in this title or in the permit or
exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire one
(1) year from the date of approval unless the use is inaugurated in accordance with this title and the
application conditions. The applicant is solely responsible for the timely renewal of any application. The
city has no obligation to notify the applicant of the imminent expiration of the application. An application
for a time extension shall be filed with the community development director at least ninety (90) calendar
days prior to the date of expiration. The time extension application shall be filed on the forms supplied by
the community development director and shall be accompanied by the submittal requirements specified by
the director and the appropriate filing fee. The time extension process shall conform to the process for the
original permit or exception identified in section 17.44.060. In considering a request for a time extension,
the decision - making body may approve the request, deny the request, or modify or add to any conditions of
approval originally imposed due to changed circumstances since the permit or exception was originally
considered.
Section 17.44.090 Appeals.
A. Authority to Appeal.
1. All actions and decisions of the community development director authorized by this title,
unless otherwise pre - empted, may be appealed by any person to the planning commission. The appellant
shall file the appeal in writing with the community development director. The appellant shall state the
reasons for the appeal and relate the reasons to the required findings for approval of the application.
2. All actions and decisions of the planning commission authorized by this title may be
appealed by any person to the city council. The appellant shall file the appeal in writing with the city clerk
with a copy of the appeal filed with the community development director. The appellant shall state the
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PROPOSED ZONING ORDINANCE AMENDMENT
reasons for the appeal and relate the reasons to the required findings for approval of the application.
3. The city council is the final approval authority for all actions.
B. Time Limits. All appeals shall be filed with the appropriate designated person as specified
above no later than the close of business ten (10) calendar days after the date of the final action of the decision -
making authority. If the tenth calendar day after the date of final action occurs on a day that the city is closed
for business, the appeal may be filed before the close of business on the next day that the city is open for
business.
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, unless exempt per Section 17.44.060(B)(1).
D. Appeal Process.
1. The appellate body shall review the project application in the same form as reviewed by the
original decision maker and the review shall be conducted de novo.
2. An appeal shall be subject to the same type of public action process (i.e., action item
without public hearing or public hearing item) and public noticing as required for the original project
application.
3. An appeal shall be scheduled for the next available regular meeting of the appellate body
following completion of the required legal notice provisions.
Section 17.44.100 Modification, suspension and revocation.
A. Modification of Permits. An application for modification of an approved discretionary permit
or approved variance pursuant to this section may be filed by any person or entity listed in Section
17.44.060(A). Any change of an approved discretionary permit is also a discretionary decision and shall be
classified into one (1) of the following three (3) categories:
1. Permit Adjustment. Any change which would not alter any of the findings pursuant to this
title, nor any findings contained in the environmental documentation prepared for the permit, and would not
have any adverse impact on surrounding properties, may be deemed a permit adjustment and acted upon by
the community development director or designee without a hearing. Any change shall conform to the
development requirements of this title or adopted specific plan. Such changes many include, but are not
limited to, the following:
a. A maximum of ten percent (10 %) increase or decrease in floor area but not more or less
than five thousand (5,000) square feet, respectively;
b. A maximum of ten percent (10 %) increase or decrease in the area or height of walls, fences
or similar structures used as screening;
C. A maximum of ten percent (10 %) increase or decrease in provision for landscaping or
similar standards or dimensions;
d. Internal remodeling or minor exterior architectural changes or embellishments involving no
change in basic architectural style;
e. A change in use where the new use requires the same or a lesser permit than the approved or
existing use; or the establishment of a new use in an unoccupied building for which a permit has been
granted.
2. Permit Modification. Any proposed change that exceeds the criteria of a permit adjustment,
but is not extensive enough to be considered a substantial or fundamental change in the approved
entitlement or 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 documentation prepared for
the permit, may be deemed a permit modification by the community development director. Action on the
permit modification application shall be by the decision - making body that approved the original permit by
the same type of public action process (i.e., action item without public hearing or public hearing item) and
public noticing as required for the original project application.
3. New Permit Required. Any proposed modification that does not meet the criteria for a
permit adjustment or permit modification shall require a new permit application.
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PROPOSED ZONING ORDINANCE AMENDMENT
B. Suspension, Modification or Revocation for Cause. Any permit or variance heretofore or
hereafter granted may be revoked, modified or its use suspended, by the same decision- making authority and
procedure which would approve the permit or variance under this title. Prior to taking any action the
applicant shall be given notice by U.S. Mail at least ten (10) business 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 application for such modification, suspension or revocation
may be filed, along with applicable fees, by any 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 correct form.
2. The entitlement for which an approval was granted does not comply with the terms and
conditions of the entitlement.
3. The entitlement was issued erroneously.
4. The project is not in compliance with terms or conditions of the permit or variance;
5. The project 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. The use for which the permit or variance was granted has not been exercised for at least
twelve (12) consecutive months, has ceased to exist, or has been abandoned;
7. 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. 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. Non - waiver. The failure of the community development director, planning commission or
city council to revoke a variance or permit, or to suspend its use, whenever cause therefore exists or occurs,
does not constitute a waiver of such right with respect to any subsequent cause for revocation 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 or variance 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 or variance; provided, however,
that nothing herein contained shall be construed to prevent the performance 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 suspension of the permit or variance 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.
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ITEM: 8. C.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo
Prepared by Scott Wolfe, Principal Planner
DATE: June 25, 2003 (PC Meeting of 7/1/03)
SUBJECT: Consider General Plan Amendment No. 2003 -01, Zone Change
No. 2003 -01, Tentative Tract Map No. 5405, and
Residential Planned Development Permit No. 2003 -01, for
Seventeen (17) Affordable Single - Family Housing Units on
a 2.5 Acre Site Located West of Walnut Canyon Road,
Approximately One -Half Mile North of Casey Road.
Applicant: William Lyon Homes (APN: 500 -0- 270 -050)
BACKGROUND
On February 6, 2002, the City Council approved a 250 lot single -
family residential subdivision (Tentative Tract Map No. 5187) on
approximately 350 acres, located on the west side of Walnut Canyon
Road, approximately one half mile north of Casey Road. The City
and applicant entered into a Development Agreement for the project
that required twenty (20) affordable housing units. Later in 2002,
William Lyon Homes acquired the project. On January 14, 2003,
William Lyon Homes submitted an application to build seventeen (17)
of the required affordable units within a small portion of the
original project and a property adjacent to the southeast corner of
the original project. The lots are proposed to be developed with
four (4) bedroom homes priced to be affordable to families in the
Very Low, Low, and Moderate Income ranges.
The requested entitlements include: General Plan Amendment No.
2003 -01, to amend the land use designation of the site from Rural
Low Residential and Open Space -1 to High Density Residential; Zone
Change No. 2003 -01, to change the zoning of the site from Rural
Exclusive 5 -Acre (RE -5ac) and Open Space (OS) to Residential
Planned Development 7 Units /Acre (RPD -7u); Tentative Tract Map No.
5405, to subdivide the site into seventeen (17) single- family
residential lots and three (3) lots for landscape areas; and
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Honorable Planning Commission
July 1, 2003
Page 2
Residential Planned Development Permit No. 2003 -01, to construct
seventeen (17) affordable single- family houses.
DISCUSSION
Project Setting
Existina Site Conditions:
The subject property consists of 2.5 acres of land, with 1.66 acres
adjacent to Tentative Tract Map No. 5187, and an additional 0.84
acres from land designated for open space within Tract 5187. The
parcel runs generally north -south along the west side of Walnut
Canyon Road. The center portion of the lot has been graded level,
while the west side rises steeply into an area of Tract 5187, and
the east side of the parcel drops sharply into a stream channel.
Street access to the lot is from Walnut Canyon Road and is
currently at the south end of the parcel. The site is currently
vacant and is fenced and posted to prevent trespassing. It appears
to have been unused for some time.
The ground has been disturbed, and vegetation on -site includes a
variety of native and non - native plants. On -site trees include
pine, olive, eucalyptus, palm, pepper, fig, tamarisk, oak, walnut
and sycamore. The stream channel is heavily overgrown with trees
and brush, which screens the site from Walnut Canyon Road.
Previous Applications:
None on file.
GENERAL PLAN/ZONING
Direction
General Plan
Zoning
Land Use
Site
RL, OS -1
RE -5Ac, OS
Vacant
North
ML
RPD -1.8U
Vacant
South
M
RE
Residences (SFD)
East
OS -1
OS
Vacant
West
OS -1
OS
Vacant
General Plan and Zoning Consistency:
The subject site is currently designated Rural Low Residential (RL)
and Open Space (OS -1) on the City's General Plan Land Use Element
Map. The RL designation permits residential development with a
minimum lot size of five (5) acres. The OS -1 designation is given
to land with natural development constraints, such as topography,
and permits a density of one dwelling per ten (10) to forty (40)
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Honorable Planning Commission
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Page 3
acres. The zoning designation for the property is Rural Exclusive,
5 -acre minimum lot size (RE -5Ac) and Open Space (OS) , 10 -acre
minimum lot size. The designations are much too restrictive to
allow the project that is proposed. Therefore, an amendment to the
General Plan land use designation and zoning is requested to
increase the allowable density on the project site.
The proposed density of the project will be 6.8 units per acre.
This will require that the Land Use designation be changed to High
Density Residential (H), which allows development at up to 7.0
units per acre. The zoning will need to be changed to be
consistent with the Land Use Designation as well. A zoning
designation of Residential Planned Development - 7 units per acre
(RPD -7U) is proposed to accommodate this project.
Properties on all sides of the subject site either contain uses
more intense than the five (5) acre minimum lot size restriction of
the current designation, or are approved for such uses. The
application of the existing designation no longer appears
appropriate, especially because the size of the project site is
less than five (5) acres. In addition, the General Plan Housing
Element identifies a need for affordable housing within the City.
In efforts to meet the need identified in the Housing Element, the
City has required new residential projects to include a plan for
the provision of affordable units, either within the project area,
or at an off -site location to be acquired and developed by the
developer. The subject project is in direct response to this
requirement of the City. The General Plan acknowledges that
changes to the Land Use designations may be required in order to
meet specific goals of the various elements. This is an instance
where the ability to achieve a Housing Element objective justifies
the amendment of the Land Use Map.
Project Summary
Tentative Tract Map No. 5405 (Residential Lots):
Parcel No.
Size (acres)
Size (sq. ft.)
1
0.12
5,252
2
0.09
3,722
3
0.09
3,809
4
0.08
3,300
5
0.09
3,783
6
0.10
4,290
7
0.09
4,110
8
0.08
3,597
9
0.11
4,777
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Honorable Planning Commission
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Parcel No.
Size (acres)
Size (sq. ft.)
10
0.09
3,888
11
0.07
2,907
12
0.07
2,895
13
0.07
2,964
14
0.07
2,913
15
0.07
2,927
16
0.07
2,928
17
0.10
4,327
Total
1.46
62,389
Planned Development Permit No. 2003 -01:
Parcel
Proposed Use
Building Area
(sq. ft.)
1
Single
Family
Detached
Residence
1,495
sf
2
Single
Family
Detached
Residence
1,270
sf
3
Single
Family
Detached
Residence
1,495
sf
4
Single
Family
Detached
Residence
1,495
sf
5
Single
Family
Detached
Residence
1,270
sf
6
Single
Family
Detached
Residence
1,270
sf
7
Single
Family
Detached
Residence
1,495
sf
8
Single
Family
Detached
Residence
1,270
sf
9
Single
Family
Detached
Residence
1,495
sf
10
Single
Family
Detached
Residence
1,270
sf
11
Single
Family
Detached
Residence
1,495
sf
12
Single
Family
Detached
Residence
1,495
sf
13
Single
Family
Detached
Residence
1,270
sf
14
Single
Family
Detached
Residence
1,270
sf
15
Single
Family
Detached
Residence
1,495
sf
16
Single
Family
Detached
Residence
1,270
sf
17
Single
Family
Detached-Residence
1,495
sf
Proposed Project
Architecture:
The architecture proposed in the units is typical of small -lot
single family homes. The homes would be one of two plans: Plan 1,
which is a 4 bedroom /2 bath home at 1,270 square feet, and Plan 2,
which is a 4 bedroom /2.5 bath home at 1,495 square feet. Both
plans are two story homes, and have the same basic footprint,
approximately 25' by 45'. In most cases, the narrow elevation is
the "front" elevation facing the street. However, in the case of
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Honorable Planning Commission
July 1, 2003
Page 5
lots 1, 2, and 3, the houses are turned so that the wide elevation
is facing the front lot line.
The houses are proposed to
with tile roofs. Decorative
shutters, pot shelves, and
to the elevations. These
rear elevations where the
Canyon Road.
SPthar�kR-
be of wood frame and stucco construction
components such as window articulation,
vent covers are proposed to add interest
components will be placed on side and
sides and rears are visible to Walnut
The applicant has proposed standard residential setbacks, which are
met or exceeded in the proposed design, except for front yard
setbacks for lots 1, 2 and 3. The side yard setbacks are a minimum
of five feet (51), although wider setbacks are proposed,
particularly on the west side of "A" Street. Rear yard setbacks
meet or exceed the fifteen foot minimum required by the Municipal
Code. Five (5) lots at the northern end of the tract exceed the
rear yard setback minimums by as much as fourteen feet (14').
In order to reduce the conflict of driveway aprons in close
proximity to each other, the applicant has proposed a "meandering"
five -foot (5') wide sidewalk, which goes behind the driveway apron
for each lot, outside of the public street right -of -way. A minimum
eighteen -foot (18') setback is provided between the back of the
sidewalk and the front of the garage for each residential unit. A
condition of approval has been added that requires a 5 -foot (5')
parkway adjacent to the curb and a 5 -foot (5') sidewalk adjacent to
the parkway, except in the cul -de -sac area where not parkway is
required. The precise design will be to the satisfaction of the
Community Development Director and the City Engineer.
Although an eighteen -foot (18') setback has been provided for the
driveways on lots 1, 2 and 3, the front yard setbacks for the
structures are somewhat less. A condition of approval has been
added that requires a minimum front yard setback of ten feet (10')
for lots 1, 2 and 3, with allowance for a maximum five -foot (5')
encroachment into the setback for the entry porch.
Circulation:
Access to and from the site will be from Walnut Canyon Road, toward
the northern end of the parcel. The project will result in the
construction of a cul -de -sac with a bulb radius of forty feet (40')
which will meet City standards and be dedicated as a public street.
This street will provide adequate access to the homes by the
residents, their guests, service deliveries, and emergency
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Honorable Planning Commission
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Page 6
vehicles. The intersection of "A" Street with Walnut Canyon Road
has been designed to meet both the City standards as well as
Caltrans standards.
Parking:
Primary parking for each residence will be in the garages, which
will meet the City standard for two parking spaces. Additionally,
each unit's driveway has been designed to be a minimum of eighteen
feet (18') deep from the back of the proposed sidewalk, enabling
two cars to park in the driveway. Finally, limited on- street
parking is available, with the potential to provide approximately
one on street space for per each residential unit.
Landscaping:
The site has been previously disturbed, with much of the vegetation
on -site being non - native. Nearly all of the on -site vegetation will
be removed to construct the proposed project. Thirty seven trees
were identified as being slated for removal by the arborist's tree
report for this project. Conditions have been incorporated to
address the impacts associated with these removals and ensure
compliance with the Municipal Code requirements regarding the
removal of mature trees.
The landscaping on the site following construction would be typical
of residential subdivisions, with additional area for planting
along the eastern perimeter of the tract in a landscape planter
along Walnut Canyon Road. Additionally, turf and other landscaping
is proposed within the NPDES biofiltration area at the south end of
the project.
Site Improvements and National Pollution Discharge Elimination
Standards Requirements ( NPDES):
The City Engineer has recommended conditions to provide for all
necessary on -site and off -site storm drain improvements including
the imposition of National Pollution Discharge Elimination System
( NPDES) requirements. "Passive" Best Management Practices drainage
facilities would be required so that surface flows are intercepted
and treated on the surface over biofilters (grassy swales),
infiltration areas and other similar solutions.
Air Quality:
According to the 2000 Ventura County Air Quality Assessment
Guidelines, the proposed project will produce 6 pounds of NOX,
which is not in excess of allowable 2S pound threshold, providing a
conclusion that there will be no impact on regional air quality.
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Honorable Planning Commission
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Page 7
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following
areas for Planning Commission consideration in their recommendation
to the City Council:
• Maintenance of Landscaping
• Noise Levels along Walnut Canyon Road
• Height and Appearance of Retaining Wall /Nailed Slope Behind
Lots 1 through 6
Maintenance of Landscaping:
It is likely that many if not all of the residents in this
development will be first -time buyers. In order to ensure that
landscaping is maintained on the individual lots, in the absence of
a homeowner's association, special conditions have been added to
ensure that landscaping will be provided with automatic irrigation
for the entire lot.
In addition to the seventeen (17) residential lots, three (3) other
lettered lots (A, B & C) are proposed. Lots A and B are created to
accommodate landscape buffers along Walnut Canyon Road. These lots
are five feet (5') wide and would be situated between a small
retaining wall and the tract perimeter wall of the residences. A
portion of Lot C is situated at the far southern end of the
subdivision and will contain the biofiltration system through which
the street storm water will drain on its way to the storm drain
system. The remainder of Lot C contains the slope along the
western side of the project. These lots serve an important purpose
within the tract, but cannot be included on an individual
homeowner's property due to maintenance requirements, which must be
met in order for them to function as proposed.
As there will be no Homeowner's Association for this tract, it is
not feasible to designate these parcels as common area. The
applicant proposes to place the western slope above and to the
south of lots 1 through 6 within the maintenance responsibility of
Tract 5187. The rest of lot C and lots A & B are proposed to be
included within a Landscape Maintenance District to ensure
perpetual proper maintenance. This solution will require the
processing of a lot line adjustment or a map amendment for Tract
5187. A revision to Tract No. 5187 and /or a lot line adjustment
will be required in any event in order to include the 0.84 acre
parcel from Tract No. 5187. A condition has been added that
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Honorable Planning Commission
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Page 8
requires that the maintenance of landscape and slope areas be
accommodated through the Homeowner's Association for Tract No. 5187
or a Landscape Maintenance District to the satisfaction of the
Community Development Director and the Public Works Director.
Noise Levels along Walnut Canvon Road:
Walnut Canyon Road is a major thoroughfare, with large traffic
volumes including considerable numbers of large trucks,
particularly during peak hours. Noise levels around this type of
highway are generally higher than levels considered acceptable.
The outside maximum limit of acceptability for residential
development is 65 CNEL (Community Noise Equivalency Level, average
sound energy levels in decibels in a 24 -hour period, weighted to
account for sensitivity to sound at different frequencies and hours
of the day), while the indoor maximum limit of acceptability in a
residential dwelling is 45 CNEL. The rear yards of the homes
adjacent to Walnut Canyon Road would experience noise levels in
excess of the 65 CNEL, but the construction of the six -foot (6')
high perimeter wall along the property line separating the homes
from the roadway will mitigate the impact to levels below 65 CNEL.
Indoor noise levels will need to be mitigated through the use of
specific noise reducing construction techniques, such as dual -paned
glass, wall insulation, and the orientation of vents to avoid the
transmission of noise. A Special Condition of Approval has been
included to address this potential impact.
Height and Appearance of Retaining Wall /Nailed Slope Behind Lots 1
through 6:
A major concern in the design of this project is the provision of
rear yards for lots 1 through 6. These rear yards have are
provided through the construction of a retaining wall which will
vary in height, exceeding twenty -five feet (25') in height in
places. This would allow for a fifteen -foot deep rear yard. The
applicant has been responsive to staff's concern about the
visibility of the wall from Walnut Canyon Road. Staff has reviewed
the site plans and has determined that the wall will only be
minimally visible from Walnut Canyon Road, with the most likely
vantage point being from the northbound lane approaching the
project. The placement of the homes on either side of "A" Street,
along with the grade differential between the base of the wall and
the surface of Walnut Canyon Road will serve to screen the wall
from view. Additional screening will emerge as landscaping
throughout the project matures.
The applicant is also investigating an alternative to retaining
walls called soil nailing. This technique involves drilling and
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Honorable Planning Commission
July 1, 2003
Page 9
driving "nails" deep into the exposed slope as excavation occurs.
These nails are then grouted in place and connected together with
either a concrete cover or a steel mesh which will stabilize the
slope. The advantage to this type of stabilization method is that
the slope can be laid back somewhat so as to avoid the "enclosed"
feeling of being in a fifteen foot rear yard between a twenty seven
foot house and a twenty foot wall. Laying the slope back can help
to open the perception of space. In addition to increasing the
perception of space, this technique can also add more area to the
rear yards, allowing more usable space between the house and the
slope.
The concern of staff in the use of the soil nailing technique is
the ability to soften the visual impact of the stabilization.
While it allows the slope to be laid back more than a retaining
wall, this will result in a larger area impacted. While planting
within the mesh to screen it is being investigated, there will
likely be some limitations due to the avoidance of irrigation on
the slope.
Staff finds that this alternative may have merit, but needs further
study. A condition of approval has been added to allow either a
retaining wall or soil nailing to be used at the discretion of the
Director of Community Development.
Findings
The following findings are offered pursuant to the requirements of
the Subdivision Map Act:
1. The proposed map would be consistent with the City of Moorpark
General Plan and Zoning Ordinance if amended by General Plan
Amendment No. 2003 -01 and Zone Change No. 2003 -01 to allow for
a density up to 7.0 units per acre.
2. The design and improvements of the proposed subdivision would
be consistent with the City of Moorpark General Plan if
amended by General Plan Amendment No. 2003 -01 and Zone Change
No. 2003 -01 to allow for a density up to 7.0 units per acre.
3. The site is physically suitable for the type of development
proposed in that the site can be engineered to allow for all
required utilities to be brought to the site, adequate ingress
and egress can be obtained, and the site can be provided with
public and emergency services.
4. The site is physically suitable for the proposed density of
development, in that all City Development standards would be
met by the proposed project.
0C, 0138
Honorable Planning Commission
July 1, 2003
Page 10
5. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage, in
that all potential impacts would be mitigated through project
design or conditions.
6. The design of the subdivision and the type of improvements are
not likely to cause serious public health problems, in that
adequate sanitation is both feasible and required as a
condition of this development.
7. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision, in that easements for the widening of
Walnut Canyon Road have been identified and incorporated in
the design of this project.
8. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et seq.
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake, or
reservoir as defined in California Government Code Section
66478.1 et seq.
The following findings are offered for the Residential Planned
Development Permit:
1. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance, in
that the proposed project will advance the objectives of the
General Plan Housing Element, and the proposed zoning
designation will be consistent with the proposed General Plan
Land Use designation.
2. The proposed project is compatible with the character of
surrounding development, in that the surrounding development
will include a variety of single - family detached homes.
3. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses, in that
the use proposed is similar to uses existing or proposed to
the north, south, and west, and access to or utility of those
adjacent uses are not hindered by this project.
4. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare, in that
adequate provision of public access, sanitary services, and
0 P0139
Honorable Planning Commission
July 1, 2003
Page 11
emergency services have been ensured in the processing of this
request.
5. The proposed project is compatible with existing and planned
land uses in the general area where the development is to be
located, in that the existing and planned land uses in the
general area are generally single family detached residential
uses. The nearby Waterworks District facility is isolated
from this project and will neither affect, nor be adversely
affected by, this development.
6. The proposed project 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, in that the proposed project complies
with all development standards of the Moorpark Municipal Code,
and the development will utilize high quality architectural
materials and treatments to enhance the visual appeal of the
structures to be constructed.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development
projects under the Permit Streamlining Act (Government Code Title
7, Division 1, Chapter 4.5), the Subdivision Map Act (Government
Code Title 7, Division 2), and the California Environmental Quality
Act Statutes and Guidelines (Public Resources Code Division 13, and
California Code of Regulations, Title 14, Chapter 3). However, in
this case, there are legislative acts (General Plan Amendment and
Zone Change) being considered in conjunction with the entitlements.
Therefore, there are no time limits for processing under the
abovementioned statutes so long as the entire package presented is
acted upon at one time.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific category
listed in CEQA. Other projects may be exempt under a general rule
that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect
upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study to assess
the level of potential environmental impacts.
0 0140
Honorable Planning Commission
July 1, 2003
Page 12
Based upon the results of an Initial Study, the Director may
determine that a project will not have a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
prepared. For many projects, a Negative Declaration or Mitigated
Negative Declaration will prove to be sufficient environmental
documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation
can not be readily identified, an Environmental Impact Report (EIR)
is prepared.
The Director has prepared or supervised the preparation of an
Initial Study to assess the potential significant impacts of this
project. Based upon the Initial Study, the Director has determined
that there is no substantial evidence that the project or any of
its aspects may cause a significant effect on the environment and
has prepared a Mitigated Negative Declaration for Planning
Commission review and consideration before making a recommendation
on the project.
STAFF RECOMMNDATIONS
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2002- recommending to the City
Council conditional approval of General Plan Amendment No.
2003 -01, Zone Change No. 2003 -01, Tentative Tract Map No.
5405, and Residential Planned Development Permit No. 2003 -01.
ATTACHMENTS:
1. Location Map
2. Tentative Tract Map
3. Initial Study and Mitigated Negative Declaration
4. Draft PC Resolution with Conditions of Approval
000141
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MITIGATED NEGATIVE DECLARATION
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA 93021
(805) 517 -6200
The following Mitigated Negative Declaration has been prepared in accordance with the California
Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures
of the City of Moorpark.
Public Review Period: June 27 to July 28, 2003
Project Title /Case No.: General Plan Amendment 2003 -01, Zone Change 2003 -01, TTM 5405, RPD
2003 -01
Project Location: West side of Walnut Canyon Road, % Mile north of Casey Road, Moorpark,
Ventura County. (Location Map Attached)
Project Description: Amend General Plan Designation from RL (Rural Low Residential) to H(High
Density Residential); Amend zoning designation from RE -5Ac (Rural Exclusive
— 5 Acre Minimum Lot size) to RPD -7U (Residential Planned Development — 7
units per acre); Approve Tract 5405 and RPD2003 -01 to subdivide 2.5 acres
into 17 lots, and construct 17 single family detached units.
Project Type:
Project Applicant:
X Private Project Public Project
William Lyon Homes
23975 Park Sorrento, Suite 220
Calabasas, CA 91302
(818) 222 -1188
Finding: After preparing an Initial Study for the above - referenced project, it is found that
there is substantial evidence, in light of the whole record before the City of
Moorpark, that the project may have a significant effect on the environment.
However, this effect can be mitigated to a level of insignificance through the
imposition of mitigation measures which have been incorporated into the
project. (Initial Study Attached)
Responsible Agencies: Caltrans, Department of Fish and Game
Trustee Agencies: None
Attachments: Location Map
Initial Study
Contact Person: Scott Wolfe, Principal Planner
Community Development Department
City of Moorpark
799 Moorpark Avenue
Moorpark, California, 93021
(805) 517 -6236
PC ATTACHMENT 3
S: \Community Development\DEV PMTS \R P D\2003\ -01 Wm Lyon \Env\MND.doc
0�`J144
t CITY OF MOORPARK INITIAL STUDY
799 MOORPARK AVENUE
0
MOORPARK, CA 93021
(805) 517 -6200
Project Title: None Case No.: General Plan Amendment 2003 -01, Zone Change 2003-
01, TTM 5405, RPD 2003 -01
Contact Person and Phone No.: Scott Wolfe, Principal Planner (805) 517 -6236
Name of Applicant: William Lyon Homes
Address and Phone No.: 23975 Park Sorrento, Suite 220
Calabasas, CA 91302
(818) 222 -1188
Project Location: West side of Walnut Canyon Road, % Mile north of Casey Road
General Plan Designation: RL (Rural Low Residential) Zoning: RE -5Ac (Rural Exclusive -5 acre
minimum lot size)
Project Description: Amend General Plan Designation from RL (Rural Low Residential) to H
(High Density Residential); Amend zoning designation from RE -5Ac (Rural Exclusive — 5 Acre Minimum
Lot size) to RPD -7U (Residential Planned Development — 7 units per acre); Approve Tract 5405 and RPD
2003 -01 to subdivide 2.5 acres into 17 lots, and construct 17 single family detached units.
Surrounding Land Uses and Setting:
North: Vacant (Approved Tract 5187)
South: Existing Residential Neighborhood
East: County Waterworks District facility
West: Vacant (Approved Tract 5187)
Responsible and Trustee Agencies: None
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially
Si nificant Impact" or Potentially Significant Unless Mitigated, " as indicated by the checklist on the following pages.
X Aesthetics Agricultural Resources Air Quality
X Biological Resources Cultural Resources Geology /Soils
Hazards and Hazardous Materials HydrologyNVater Quality Land Use/Planning
Mineral Resources X Noise Population /Housing
Public Services Recreation Transportation/Traffic
Utilities /Service Systems Mandatory Findings of Significance None
DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could
have a significant effect on the environment, there will not be a significant effect in this case because revisions
in the project have been made by or agreed to by the project proponent. Mitigation measures described on
the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be
prepared.
Prepared by: Scott Wolfe, Principal Planner Reviewed b/
i
Date: Da
0 C20 145
5.
INITIAL STUDY EXHIBIT 1:
MITIGATED NEGATIVE DECLARATION
MITIGATION MEASURES AND
MONITORING AND REPORTING PROGRAM
If deemed necessary by the noise study, a sound wall shall be constructed along the eastern
property lines of the lots abutting Walnut Canyon Road; In order to screen the wall, a 5 wide planter
is provided between the wall and Walnut Canyon Road. This planter will be planted with trees,
shrubs, and vines to screen the wall.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
To reduce the interior noise levels, a minimum window glass thickness of 3/16 inch and a standard
exterior wall of 5/8 inch gypsum board, 3.5 inch fiberglass filled cavity, 7/8 inch lath and stucco,
typical for single family residential developments shall be installed.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
All second story windows along Walnut Canyon Road shall be Milgard type 5120 double glazed
window assemblies, or an equivalent with a minimum STC 33 rating.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
All rear and side entry doors of the homes on Lots 8 through 17 shall be gasketed (jamb, head, and
sill) with interlocking or tube type compression weather stripping, or an effective equivalent.
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
All exterior vents on the homes on Lots 8 through 17 shall be directed away from Walnut Canyon
Road in order to reduce noise transmissions into the house through vents and ducts.
2
090146
Monitoring Action: Physical Inspection
Timing: Prior to Occupancy of Units
Responsibility: Department of Community Development
7. The applicant shall obtain all required permits from the California Department of Fish and Game
and the U.S. Army Corps of Engineers. Any required mitigation imposed as a result of these
permits shall be complied with.
Monitoring Action: Applicant to provide proof of permit issuance
Timing: Prior to issuance of grading permits
Responsibility: Department of Community Development
The applicant shall replace trees on the site in an amount equal to the appraised value of the
removed trees, as identified in the Tree Report dated December 2002. Should there not be
sufficient space to replace the required trees, or should appropriate trees not be available, the
applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised
amount and the value of the trees planted on site.
Monitoring Action: City Landscape Consultant to review project plans for compliance
Timing: Prior to issuance of occupancy
Responsibility: Department of Community Development
AGREEMENT TO PROPOSED MITIGATION MEASURES AND
MONITORING AND REPORTING PROGRAM
In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3,
Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public
review.
I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN,
CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE - LISTED
MITIGATION MEASURES IN THE PROJECT.
Signature of Project Applicant
Date
3
W20 14 7
4) Create a new source of substantial light or glare which X
would adversely affect day or nighttime views in the
area?
Response: The project proposes to construct a retaining wall along the rear property
lines of lots 1 through 6. This wall will reach a maximum height of 25 feet
and will be visible from off -site particularly when traveling north on Walnut
Canyon Road.
Sources: Site Plan, Project Application
Mitigation: Lot C will be planted with trees and shrubs, and to screen the wall from view
from Walnut Canyon Road.
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are
significant environmental effects, the City of Moorpark may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project:
1) Convert Prime Farmland, Unique Farmland, or Farmland X
of Statewide Importance (Farmland), as shown on
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
agency, to non - agricultural use?
2) Conflict with existing zoning for agricultural use, or a X
Williamson Act contract?
3) Involve other changes in the existing environment which, x
due to their location or nature, could result in
conversion of Farmland, to non - agricultural use?
Response: This project does not affect agricultural resources.
sources: Site Plan, Project Application, 3
Mitigation: None Required.
4 0C" 0148
Less Than
Potentially
Significant Less Than
Significant
With Significant No
Impact
Mitigation Impact Impact
A. AESTHETICS — Would the project:
1) Have a substantial adverse effect on a scenic vista?
X
2) Substantially damage scenic resources, including, but
X
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
3) Substantially degrade the existing visual character or
X
quality of the site and its surroundings?
4) Create a new source of substantial light or glare which X
would adversely affect day or nighttime views in the
area?
Response: The project proposes to construct a retaining wall along the rear property
lines of lots 1 through 6. This wall will reach a maximum height of 25 feet
and will be visible from off -site particularly when traveling north on Walnut
Canyon Road.
Sources: Site Plan, Project Application
Mitigation: Lot C will be planted with trees and shrubs, and to screen the wall from view
from Walnut Canyon Road.
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are
significant environmental effects, the City of Moorpark may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project:
1) Convert Prime Farmland, Unique Farmland, or Farmland X
of Statewide Importance (Farmland), as shown on
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
agency, to non - agricultural use?
2) Conflict with existing zoning for agricultural use, or a X
Williamson Act contract?
3) Involve other changes in the existing environment which, x
due to their location or nature, could result in
conversion of Farmland, to non - agricultural use?
Response: This project does not affect agricultural resources.
sources: Site Plan, Project Application, 3
Mitigation: None Required.
4 0C" 0148
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
C. AIR QUALITY — Would the project
1) Conflict with or obstruct implementation of the applicable x
air quality plan?
2) Violate any air quality standard or contribute x
substantially to an existing or projected air quality
violation?
3) Result in a cumulatively considerable net increase of any x
criteria pollutant for which the project region is non
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions
which exceed quantitative thresholds for ozone
precursors)?
4) Expose sensitive receptors to substantial pollutant x
concentrations?
5) Create objectionable odors affecting a substantial number
of people?
Response: This project does not exceed the Air Quality Resources threshold of
significance of 25 pounds per day of ROC or NOx.
Sources: 7
Mitigation: None required.
x
D. BIOLOGICAL RESOURCES — Would the project:
1) Have a substantial adverse effect, either directly or x
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife Service?
2) Have a substantial adverse effect on any riparian habitat x
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
3) Have a substantial adverse effect on federally protected x
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
4) Interfere substantially with the movement of any native x
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
5 000149
Response: 2./3. This project proposes changes land which has been heavily disturbed,
so most of the biological resources have already been severely degraded.
However, there is a stream channel running along the eastern edge of the
property which will be filled to accommodate development. This work falls
within the jurisdictional area of both the California Department of Fish and
Game and the United States Army Corps of Engineers. A condition has
placed on the project that seven (7) native walnut trees removed as a result
of the project will be replaced at a 10:1 ratio. This replacement ratio will
meet Department of Fish and Game requirements and mitigate project
impacts.
5. This project requires the removal of mature trees, both native and non-
native from the site, and will require mitigation in accordance with the City's
Mature Tree Protection Ordinance.
Sources: Site Plan, Project Application, 8
Mitigation: 2./3. The applicant shall obtain all required permits from the California
Department of Fish and Game and the U.S. Army Corps of Engineers. Any
required mitigation imposed as a result of these permits shall be complied
with.
5. The applicant shall replace trees on the site in an amount equal to the
appraised value of the removed trees, as identified in the Tree Report dated
December 2002. Should there not be sufficient space to replace the required
trees, or should appropriate trees not be available, the applicant shall pay to
the City of Moorpark an amount equal to the difference between the
appraised amount and the value of the trees planted on site.
E. CULTURAL RESOURCES — Would the project:
1) Cause a substantial adverse change in the significance of
a historic resource as defined in §15064.5?
2) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to §15064.5?
3) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
4) Disturb any human remains, including those interred
outside of formal cemeteries?
X
X
X
X
6 0 00150
Less Than
Potentially
Significant Less Than
Significant
With Significant No
Impact
Mitigation Impact Impact
5) Conflict with any local policies or ordinances protecting
X
biological resources, such as a tree preservation policy
or ordinance?
6) Conflict with the provisions of an adopted Habitat
X
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
Response: 2./3. This project proposes changes land which has been heavily disturbed,
so most of the biological resources have already been severely degraded.
However, there is a stream channel running along the eastern edge of the
property which will be filled to accommodate development. This work falls
within the jurisdictional area of both the California Department of Fish and
Game and the United States Army Corps of Engineers. A condition has
placed on the project that seven (7) native walnut trees removed as a result
of the project will be replaced at a 10:1 ratio. This replacement ratio will
meet Department of Fish and Game requirements and mitigate project
impacts.
5. This project requires the removal of mature trees, both native and non-
native from the site, and will require mitigation in accordance with the City's
Mature Tree Protection Ordinance.
Sources: Site Plan, Project Application, 8
Mitigation: 2./3. The applicant shall obtain all required permits from the California
Department of Fish and Game and the U.S. Army Corps of Engineers. Any
required mitigation imposed as a result of these permits shall be complied
with.
5. The applicant shall replace trees on the site in an amount equal to the
appraised value of the removed trees, as identified in the Tree Report dated
December 2002. Should there not be sufficient space to replace the required
trees, or should appropriate trees not be available, the applicant shall pay to
the City of Moorpark an amount equal to the difference between the
appraised amount and the value of the trees planted on site.
E. CULTURAL RESOURCES — Would the project:
1) Cause a substantial adverse change in the significance of
a historic resource as defined in §15064.5?
2) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to §15064.5?
3) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
4) Disturb any human remains, including those interred
outside of formal cemeteries?
X
X
X
X
6 0 00150
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impacl
Response: This project proposes changes on previously developed land, and therefore
is not expected to impact cultural resources.
Sources: Site Plan, Project Application
Mitigation: None required.
F. GEOLOGY AND SOILS — Would the project:
1) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
Involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist - Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on
other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic - related ground failure, including liquefaction?
iv) Landslides?
2) Result in substantial soil erosion or the loss of topsoil?
3) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or collapse?
4) Be located on expansive soil, as defined in Table 18-1 -B
of the Uniform Building Code (1994), creating substantial
risks to life or property?
5) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
x
X
x
X
x
X
x
x
Response: This project is not within Alquist Priolo Special Studies areas, and does not
have any soils or geological impacts.
Sources: 3, Alquist Priolo Special Studies Zone Map, Moorpark Quadrangle, Seismic
Hazard Zone Map, Moorpark Quadrangle.
Mitigation: None Required.
G. HAZARDS AND HAZARDOUS MATERIALS — Would the project:
7 0 '0151
7) Impair implementation of or physically interfere with an X
adopted emergency response plan or emergency
evacuation plan?
8) Expose people or structures to a significant risk of loss, X
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Response: There are no known hazards on the project site.
Sources: 3
Mitigation: None Required.
H. HYDROLOGY AND WATER QUALITY — Would the project:
1) Violate any water quality standards or waste discharge X
requirements?
2) Substantially deplete groundwater supplies or interfere X
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of pre - existing nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted)?
3) Substantially alter the existing drainage pattern of the site X
8 000152
Less Than
Potentially
Significant Less Than
Significant
With Significant No
Impact
Mitigation Impact Impact
1) Create a significant hazard to the public or the
X
environment through the routine transport, use, or
disposal of hazardous materials?
2) Create a significant hazard to the public or the
X
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
3) Emit hazardous emission or handle hazardous or acutely
X
hazardous materials, substances, or waste within one -
quarter mile of an existing or proposed school?
4) Be located on a site which is included on a list of
X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
5) For a project located within an airport land use plan or,
X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
6) For a project within the vicinity of a private airstrip, would
X
the project result in a safety hazard for people residing or
working in the project area?
7) Impair implementation of or physically interfere with an X
adopted emergency response plan or emergency
evacuation plan?
8) Expose people or structures to a significant risk of loss, X
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Response: There are no known hazards on the project site.
Sources: 3
Mitigation: None Required.
H. HYDROLOGY AND WATER QUALITY — Would the project:
1) Violate any water quality standards or waste discharge X
requirements?
2) Substantially deplete groundwater supplies or interfere X
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of pre - existing nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted)?
3) Substantially alter the existing drainage pattern of the site X
8 000152
9) Expose people or structures to a significant risk of loss, X
injury or death involving i) flooding, including flooding as
a result of the failure of a levee or dam?
ii) inundation by seiche, tsunami, or mudflow? X
Response: This project will result in the alteration of natural flows across the site.
However, these flows will be directed to appropriate storm drain facilities prior
to leaving the site, and therefore will not reflect a significant impact.
Sources: Project plans.
Mitigation: None Required.
1. LAND USE AND PLANNING — Would the project:
1) Physically divide an established community?
2) Conflict with any applicable land use plan, policy, or X
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect?
3) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
D
X
X
000153
Less Than
Potentially
Significant Less Than
Significant
With Significant No
Impact
Mitigation Impact Impact
or area, including through the alteration of the course of
a stream or river, in a manner which would result in
substantial erosion or siltation on- or off -site?
4) Substantially alter the existing drainage pattern of the site
X
or area, including through the alteration of the course of
a stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result
in flooding on- or off -site?
5) Create or contribute runoff water which would exceed the
X
capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
6) Otherwise substantially degrade water quality?
X
7) Place housing within a 100 -year flood hazard area as
X
mapped on a federal Flood Hazard boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
8) Place within a 100 -year flood hazard area structures which
X
would impede or redirect flood flows?
9) Expose people or structures to a significant risk of loss, X
injury or death involving i) flooding, including flooding as
a result of the failure of a levee or dam?
ii) inundation by seiche, tsunami, or mudflow? X
Response: This project will result in the alteration of natural flows across the site.
However, these flows will be directed to appropriate storm drain facilities prior
to leaving the site, and therefore will not reflect a significant impact.
Sources: Project plans.
Mitigation: None Required.
1. LAND USE AND PLANNING — Would the project:
1) Physically divide an established community?
2) Conflict with any applicable land use plan, policy, or X
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect?
3) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
D
X
X
000153
Less Than
Potentially Significant Less Than
Significant With Significant No
Response: While this project deviates from the current General Plan Land Use element
map designation with regard to density on the subject site, the project would
help meet the housing needs identified in the Housing Element and is
consistent with all other General Plan Goals and Policies. Further, this
project includes a General Plan Amendment which will ensure that the
project is consistent with the Land Use Element map as well. Therefore, this
impact is not significant.
Sources: 3,4
Mitigation: None Required
J. MINERAL RESOURCES — Would the project:
1) Result in the loss of availability of a known mineral X
resource that would be of value to the region and the
residents of the state?
2) Result in the loss of availability of a locally- important X
mineral resource recovery site delineated on a local
general plan, speck plan or other land use plan?
Response: This project will not affect mineral resources.
Sources: n/a
Mitigation: None Required.
K. NOISE — Would the project result in:
1) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
2) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
3) A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
4) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
5) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
6) For a project within the vicinity of a private airstrip, would
10
X
X
X
X
X
X
000154
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
the project expose people residing or working in the
project area to excessive noise levels?
Response: 1) Ambient noise levels within the project area along Walnut Canyon Road
are expected to exceed 65 CNEL .
4)Temporary increases in ambient noise levels can be expected during
construction periods. However, City regulations pertaining to hours of
construction will ensure that this impact is less than significant.
Sources: 1,3,4
Mitigation: 1) Installation of perimeter walls along Walnut Canyon Road, with sound wall
installation as determined necessary by noise study. See mitigation
monitoring program for further details.
4) None required.
L. POPULATION AND HOUSING — Would the project:
1) Induce substantial population growth in an area, either X
directly ( for example, by proposing new homes and
businesses) or indirectly ( for example, through
extension of roads or other infrastructure)?
2) Displace substantial numbers of existing housing, X
necessitating the construction of replacement housing
elsewhere?
3) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
Response: This project will have a beneficial impact of helping to achieve housing goals
in support of the Housing Element of the General Plan.
Sources: 3
Mitigation: None required.
M. PUBLIC SERVICES
1) Would the project result in substantial adverse physical
impacts associated with the provision of new or
physically altered governmental facilities, need for new
or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
Fire protection?
Police protection?
X
X
11 0000155
Less Than
Potentially Significant
Significant With
Impact Mitigation
Schools?
Parks?
Other public facilities?
Less Than
Significant No
Impact Impact
X
X
X
Response: While some incremental impact on public services is to be expected, the
impacts are not significant.
Sources: Site Plans, Project Description
Mitigation: None required.
N. RECREATION
1) Would the project increase the use of existing X
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
2) Does the project include recreational facilities or require X
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
Response: This project will have no impact on recreational resources.
Sources: Project plans, Project Description
Mitigation: None required.
O. TRANSPORTATIONITRAFFIC — Would the project:
1) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street
system (i.e., result in a substantial increase in either the
number of vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)?
2) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
3) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
4) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
IiP:
X
X
X
X
Qc01s6
5) Result in inadequate emergency access?
6) Result in inadequate parking capacity?
7) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
X
X
X
Response: This project will have no impacts on transportation facilities or traffic patterns.
Sources: Site Plans, Project Description
Mitigation: None required.
P. UTILITIES AND SERVICE SYSTEMS — Would the project:
1) Exceed wastewater treatment requirements of the X
applicable Regional Water Quality Control Board?
2) Require or result in the construction of new water or X
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
3) Require or result in the construction of new storm water X
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
4) Have sufficient water supplies available to serve the X
project from existing entitlements and resources, or are
new or expanded entitlements needed?
5) Result in a determination by the wastewater treatment X
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
6) Be served by the landfill with sufficient permitted capacity X
to accommodate the project's solid waste disposal
needs?
7) Comply with federal, state, and local statutes and X
regulations related to solid waste?
Response: This project proposes the diversion of flows to existing or proposed storm
drain facilities. This improvement will be engineered to accommodate
anticipated flows, and therefore does not reflect a significant impact.
Sources: Project Plans
Mitigation: None required
13 00. OILS?
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
Q. MANDATORY FINDINGS OF SIGNIFICANCE
1) Does the project have the potential to degrade the quality X
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self- sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history of prehistory?
2) Does the project have impacts that are individually limited, X
but cumulatively considerable? ( "Cumulatively
considerable" means that the incremental effect of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and effects of probable future projects)?
3) Does the project have environmental effects which will X
cause substantial adverse effects on human beings,
either directly or indirectly?
Response: Mitigation measures will be impose that will enable the project to reduce any
potential impacts to a less -than significant level.
Sources: 1,3,4
Earlier Environmental Documents Used in the Preparation of this Initial Study
None.
Additional Project References Used to Prepare This Initial Study
One or more of the following references were incorporated into the Initial Study by
reference, and are available for review in the Community Development Office, City Hall,
799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the
Response Section of the Initial Study Checklist.
Traffic Noise Study Report for the Colmer Residential Department dated March 14, 2001.
2. Comments received from (departments) in response to the Community Development
Department's request for comments.
3. The City of Moorpark's General Plan, as amended.
4. The Moorpark Municipal Code, as amended.
14 000113 8
5. The City of Moorpark Procedures for the Implementation of the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872
6. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title
14 Section 15000 et. seq.
7. Ventura County Air Quality Assessment Guidelines, November 14, 2000.
Tree Report for William Lyon Homes Affordable Housing, Moorpark, December 2002.
15
000159
RESOLUTION NO. PC -2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK/ CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT
NO. 2003 -01, ZONE CHANGE NO. 2003 -01, RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 2003 -01 AND
TENTATIVE TRACT MAP NO. 5405 ON 2.5 ACRES OF
LAND, LOCATED WEST OF WALNUT CANYON ROAD,
APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD,
ON THE APPLICATION OF WILLIAM LYON HOMES
(ASSESSOR PARCEL NO. 500 -0- 270 -050)
WHEREAS, at a duly noticed public hearing on July 1, 2003,
the Planning Commission considered General Plan Amendment No.
2003 -01, to amend the land use designation of the subject site
from Rural Low Residential to High Density Residential; Zone
Change No. 2003 -01 to change the zoning of the site from Rural
Exclusive 5 -Acre (RE -5ac) to Residential Planned Development 7
Units /Acre (RPD -7u); Tentative Tract Map No. 5405, to subdivide
the site into seventeen (17) single- family residential lots and
three (3) landscape lots; and Residential Planned Development
Permit No. 2003 -01, to construct seventeen (17) affordable
single- family housing units, on a 2.5 Acre site located west of
Walnut Canyon Road, approximately one -half mile north of Casey
Road. (Assessor Parcel No. 500 -0- 270 -050); and
WHEREAS, at its meeting of July 1, 2003, the Planning
Commission considered the agenda report and any supplements
thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against
the proposal and reached a decision on this matter; and
WHEREAS, the Planning Commission has read, reviewed, and
considered the proposed Mitigated Negative Declaration prepared
on behalf of the proposed seventeen (17) single- family housing
unit project referenced above.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying
studies, and oral and written public testimony, the Planning
Commission makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.030:
S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \PC Reso PD 6 MAP.doc
PC ATTACHMENT 4 0001cr0
Resolution No. PC -2003-
Page 2
A. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance,
in that the proposed project will advance the objectives of
the General Plan Housing Element, and the proposed zoning
designation will be consistent with the proposed General
Plan Land Use designation.
B. The proposed project is compatible with the character of
surrounding development, in that both the proposed project
and the surrounding development will include a variety of
single family detached homes.
C. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses, in that
the use proposed is similar to uses existing or proposed to
the north, south, and west, and access to or utility of
those adjacent uses are not hindered by this project.
D. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare, in that
adequate provision of public access, sanitary services, and
emergency services have been ensured in the processing of
this request.
E. The proposed project is compatible with existing and
planned land uses in the general area where the development
is to be located, in that the existing and planned land
uses in the general area are generally single family
detached residential uses. The nearby Waterworks District
facility is isolated from this project and will neither
affect, nor be adversely affected by, this development.
F. The proposed project 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, in that the proposed project
complies with all development standards of the Moorpark
Municipal Code, and the development will utilize high
quality architectural materials and treatments to enhance
the visual appeal of the structures to be constructed.
SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the staff report(s) and accompanying
maps and studies the Planning Commission has determined that the
Tentative Tract Map, with imposition of the attached special and
standard Conditions of Approval, meets the requirements for
0 V0161
Resolution No. PC -2003-
Page 3
approval of California Government Code Sections 66473.5, 66474,
66474.6, and 66478.1 et seq., in that:
A. The proposed map would be consistent with the City of
Moorpark General Plan and Zoning Ordinance if amended by
General Plan Amendment No. 2003 -01 and Zone Change No.
2003 -01 to allow for a density up to 7.0 units per acre.
B. That the design and improvements of the proposed
subdivision would be consistent with the City of Moorpark
General Plan if amended by General Plan Amendment No. 2003-
01 and Zone Change No. 2003 -01 to allow for a density up to
7.0 units per acre.
C. The site is physically suitable for the type of development
proposed in that the site can be engineered to allow for
all required utilities to be brought to the site, adequate
ingress and egress can be obtained, and the site can be
provided with public and emergency services.
D. The site is physically suitable for the proposed density of
development, in that all City Development standards would
be met by the proposed project.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage,
in that all potential impacts would be mitigated through
project design or conditions.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems, in
that adequate sanitation is both feasible and required as a
condition of this development.
G. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision, in that easements for the
widening of Walnut Canyon Road have been identified and
incorporated in the design of this project.
H. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir as defined in California Government Code
Section 66478.1 et seq.
000162
Resolution No. PC -2003-
Page 4
SECTION 3. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council
approval of General Plan Amendment No. 2003 -01 per Exhibit
A.
B. The Planning Commission recommends to the City Council
approval of Zone Change No. 2003 -01 per Exhibit B.
C. The Planning Commission recommends to the City Council
approval of Tentative Tract Map No. 5405 subject to the
special and standard Conditions of Approval included in
Exhibit C (Special and Standard Conditions of Approval),
attached hereto and incorporated herein by reference.
D. The Planning Commission recommends to the City Council
approval of Residential Planned Development Permit No.
2003 -01 subject to the special and standard Conditions of
Approval included in Exhibit D (Special and Standard
Conditions of Approval), attached hereto and incorporated
herein by reference.
SECTION 4. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 1st day of July, 2003.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
000103
Resolution No. PC -2003-
Page 5
Exhibit
A:
General Plan
Amendment Map
Exhibit
B:
Zone Change
Map
Exhibit
C:
Special and
Standard Conditions
of Approval for
Tentative Tract
Map No. 5405
Exhibit
D:
Special and
Standard Conditions
of Approval for
Residential
Planned Development
Permit No. 2003 -01
OOO1O4
Resolution No. PC -2003-
Page 6
EXHIBIT A
GENERAL PLAN AMENDMENT MAP
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Resolution No. PC -2003-
Page 7
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EXHIBIT B
i.
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7.3 AC
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�IO1Pv� 7 'AREA PROPOSED TC
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ZONE CHANGE MAP
(1) :.'')166
Resolution No. PC -2003-
Page 8
EXHIBIT C
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR TENTATIVE TRACT MAP No. 5405
SPECIAL CONDITIONS
1. Prior to or concurrently with the approval of the Final
Map, the westerly tract boundary shall be revised to
reflect the boundary as shown on the Tentative Tract Map
No. 5405. This amendment shall take place through a lot
line adjustment or by amendment to Tract 5187, or other
method acceptable to the Community Development Director and
the City Engineer.
2. Prior to the issuance of a grading permit, the applicant
shall obtain all required permits from the California
Department of Fish and Game and the U.S. Army Corps of
Engineers. Any required mitigation imposed as a result of
these permits shall be complied with.
3. Prior to the approval of a Final Map for this subdivision
the applicant shall enter into an Affordable Housing
Agreement between the City of Moorpark and the Applicant.
The Affordable Housing Agreement shall be consistent with
the requirements set forth in the conditions of approval of
Resolution No. 2002 -1938 approving Tentative Tract Map
5187.
4. The Final Map shall show the ultimate right -of -way for "A"
Street to include a five (5) foot wide curbside parkway and
a five (5) foot wide sidewalk adjacent to the parkway on
both sides of the street. At the cul -de -sac bulb between
lot 1 and lot 17, the sidewalk may abut the curb with no
parkway. Final design of the right -of -way improvements
shall be to the satisfaction of the Community Development
Director and City Engineer.
STANDARD CONDITIONS
A. For compliance with the following conditions contact the
Planning Division of the Community Development Department:
1. The conditions of approval of this Tentative Tract Map and
all provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies at the time of
Q001G7
Resolution No. PC -2003-
Page 9
tentative map approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on said map.
2. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his /her heirs, assigns,
and successors of the conditions of this Map. A notation
which references conditions of approval shall be included
on the Final Map in a format acceptable to the Community
Development Director.
3. This Tentative Tract Map shall expire three (3) years from
the date of its approval. The Community Development
Director may, at his /her discretion, grant up to two (2)
additional one (1) year extensions for map recordation, if
there have been no changes in the adjacent areas and if
applicant can document that he /she has diligently worked
towards map recordation during the initial period of time.
The request for extension of this entitlement shall be made
in writing, at least 30 -days prior to the expiration date
of this approval.
4. The subdivider shall defend, indemnify and hold harmless
the City and its agents, officers and employees from any
claim, action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning the subdivision, which claim, action or
proceeding is brought within the time period provided
therefore in Government Code Section 66499.37. The City
will promptly notify the subdivider of any such claim,
action or proceeding, and, if the City should fail to do so
or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action
or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding
in good faith.
b. The subdivider shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the settlement is approved by the subdivider.
OCOZE8
Resolution No. PC -2003-
Page 10
The subdivider's obligations under this condition
shall apply regardless of whether a Final Map is
ultimately recorded with respect to the subdivision.
5. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency. The approved Mitigation Monitoring and
Reporting Program is included as an attachment to the
approving resolution, and all mitigation measures are
requirements of the Tentative Tract Map and Residential
Planned Development Permit, as applicable.
6. If any of the conditions or limitations of this approval
are held to be invalid, that holding shall not invalidate
any of the remaining conditions or limitations set forth.
7. All mitigation measures contained within the approved
Mitigation Monitoring Report and Program (MMRP) are hereby
adopted as requirements of the Tentative Map, as
applicable. Where conflict or duplication between the MMRP
and the conditions of approval occurs and applicability for
compliance is questioned by the subdivder, the Community
Development Director shall determine the applicable
condition compliance requirements for each phase of
development.
8. Prior to Approval of the Final Map, the subdivider shall
submit to the Department of Community Development and the
City Engineer for review a current title report which
clearly states all interested parties and lenders included
within the limits of the subdivision as well as any
easements that affect the subdivision.
9. Prior to approval of the Final Map, the subdivder shall pay
to the City a fee for the image conversion of the final map
and improvement plans, as determined by the Community
Development Director, into an electronic imaging format
acceptable to the City Clerk.
10. The Applicant shall pay all outstanding case processing
(Planning and Engineering), and all applicable City legal
service fees within sixty (60) days of approval of this
Vesting Tentative Tract Map. The Applicant, permittee, or
successors in interest shall also submit to the Department
of Community Development a fee to cover costs incurred by
the City for Condition Compliance review of the Tentative
Map.
0 -0169
Resolution No. PC -2003-
Page 11
11. Prior to issuance of a Zoning Clearance for grading,
Applicant shall submit a complete Landscape Plan, together
with specifications and a separate Maintenance Plan. The
Landscape Plan shall encompass all areas required to be
planted consistent with these conditions of approval. The
Landscape Plan shall be reviewed by the City's Landscape
Architect Consultant and approved by the Community
Development Director prior to Zoning Clearance for grading
permit, or first Final Map approval, whichever occurs
first. All of the following Landscape Plan and inspection
requirements shall be complied with:
a. Prior to initial review of the landscape plans, the
Applicant shall deposit funds for plan review in an
amount specified by the Community Development
Director. The Applicant shall deposit additional funds
upon request as needed to cover all landscape plan
check and inspection fees. Any deposit balance
remaining following final approval of the installation
shall be refunded to the Applicant.
b. All plant material shall conform to the current issue
of the American Standard for Nursery Stock published
by the American Association of Nurserymen.
C. Prior to final inspection by the City of Moorpark, the
Applicant's landscape architect shall provide written
certification to the City, stating that the
installation is in substantial conformance with the
approved landscape plans.
d. Prior to final inspection by the City of Moorpark, the
Applicant shall provide a written certification for
the operation of the backflow device.
e. All backflow preventers, transformers, and other
above -grade utilities shall be appropriately screened
with walls and /or plantings.
f. The planting and irrigation design shall comply with
the State of California Model Water Efficient
Landscape Ordinance.
g. Prior to occupancy, the landscape installation shall
be approved by the Community Development Director.
This approval shall be based upon written
certification of the landscape installation by the
City Landscape Consultant.
0001:0
Resolution No. PC -2003-
Page 12
h. The landscape plan shall include planting and
irrigation specifications for front yard landscaping
for all residences. Front yard landscaping shall be
installed as determined by the Residential Planned
Development Permit for all lots in this project as
reviewed and approved by the Community Development
Director prior to final inspection and release of
utilities.
12. Provisions requiring that ultra -low water consumption
plumbing fixtures shall be installed consistent with City
Ordinance No. 132. The project shall also include a
requirement for the following energy saving devices or
construction features:
a. Stoves, ovens, and ranges, when gas fueled shall not
have continuous burning pilot lights.
b. All thermostats connected to the main space- heating
source shall have night setback features.
C. Kitchen ventilation system shall have automatic
dampers to ensure closure when not in use.
13. A fencing, perimeter, gate, and privacy barrier wall plan,
complete with related landscaping details, identifying the
materials to be used and proposed wall heights and
locations shall be reviewed and approved by the Community
Development Director prior to the issuance of a Zoning
Clearance for grading. All fences /walls along lot
boundaries shall be in place prior to occupancy of each
lot, unless timing for installation is otherwise stated in
these conditions. Where applicable prior to approval of the
final fence /wall plan, the Community Development Director
shall approve the connection of property line wall with
existing fences and or walls on adjacent residential
properties. The Developer is required at his /her sole
expense to connect or reconstruct adjacent residential
walls and or fences to the project perimeter wall utilizing
the same type of material that comprises existing walls and
or fences that are to be connected to the project perimeter
wall.
14. The Developer shall submit fence /wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. All fences, walls and
other structures shall be submitted for review and approval
by the Community Development Director.
0001:1
Resolution No. PC -2003-
Page 13
15. The final design and location of all walls and fences,
streetscape elements, urban landscaping are subject to the
approval of the Community Development Director.
16. Prior to Final Map approval, the Applicant shall provide an
irrevocable offer to dedicate to the City any easements
required for the City to access and maintain any landscaped
areas or drainage improvements outside of the public right -
of -way, which have been designated to be maintained by the
City.
17. Prior to Final Map approval for any phase, the Applicant
shall also provide to the City a signed Petition /Waiver a)
requesting formation of an Assessment District to fund
future costs for the maintenance of any landscaping and /or
drainage facilities designated to be maintained by the
City, and b) waiving all rights conferred by Proposition
218 with regard to the right to protest any such
assessments. Said Petition and Waiver shall include, as an
Exhibit, an Engineer's Report fully setting forth a
description of the assessment district and the assessments,
consistent with the requirements of the California Streets
and Highways Code. Said report shall be prepared by a
consultant to be retained by the City. The Applicant shall
pay to the City a $5,000 advance to fund the cost of the
Engineer's Report. In the event it is determined that there
will be no landscaping or extraordinary drainage
improvements to be maintained by the City, the Community
Development Director may waive this condition with the
concurrence of the City Manager.
18. Prior to Final Map approval, the City Council shall
determine which areas shall be maintained by a maintenance
assessment district.
19. Within two (2) days after the City Council adoption of a
resolution approving this project, the Applicant shall
submit to the City of Moorpark a check for a single fee of
$1,250.00 plus a $25.00 filing fee payable to the County of
Ventura, to comply with Assembly Bill 3158, for the
management and protection of Statewide Fish and Wildlife
Trust Resources. Pursuant to Public Resources Code Section
21089, and Fish and Game Code Section 711.9, the project is
not operative, vested or final until the filing fees are
paid.
20. The applicant shall pay to the City capital improvement,
development, and processing fees at the rate and amount in
effect at the time the fee is required to be paid. Said
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Resolution No. PC -2003-
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fees shall include but not be limited to Library Facilities
Fees, Police Facilities Fees, Fire Facilities Fees,
entitlement processing fees, and plan check and permit fees
for buildings and public improvements. Further, unless
specifically exempted by City Council, the applicant is
subject to all fees imposed by City as of the issuance of
the first permit for construction and such future fees
imposed as determined by City in its sole discretion so
long as said fee is imposed on similarly situated
properties.
21. During construction, the applicant shall allow all persons
holding a valid cable television franchise issued by the
City of Moorpark ( "Cable Franchisees ") to install any
equipment or infrastructure (including conduit, power
supplies, and switching equipment) necessary to provide
Franchisee's services to all parcels and lots in the
Project. The applicant shall provide notice of its
construction schedule to all Cable Franchisees sufficiently
in advance of construction to allow the Cable Franchisees
to coordinate installation of their equipment and
infrastructure with that schedule. City shall provide the
applicant a list of Cable Franchisees upon the applicant's
request.
22. The initial sales price, location of the affordable units,
buyer eligibility, resale restrictions, respective role of
the City and the Developer, and any other item determined
necessary by the City shall be set forth in an Affordable
Housing Implementation and Resale Restriction Plan, which
shall be approved by the City Council prior to recordation
of the first Final Map for this project. The Developer and
City shall, prior to the occupancy of the first residential
unit for the Project, execute an Affordable Housing
Agreement that incorporates the Plan in total and is
consistent with Tract 5405 conditions of approval.
23. Prior to approval of Zoning Clearance for residential unit
building permit, the subdivider shall pay fees in
accordance with Section 8297 -4 of the City's Subdivision
Ordinance (Parks and Recreation Facilities).
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Resolution No. PC -2003-
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B. For compliance with the following conditions please contact
the City Engineer:
General Conditions:
24. The applicant shall post sufficient surety guaranteeing
completion of all site improvements within the development
and offsite improvements required by the conditions as
described herein (i.e., grading, street improvements, storm
drain improvements, landscaping, fencing, bridges, etc.) or
which require removal (i.e., access ways, temporary debris
basins, etc.) in a form acceptable to the City.
25. The applicant shall indicate in writing to the City the
disposition of any wells that may exist within the project.
If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be
destroyed or abandoned per Ventura County Ordinance No.
2372 or Ordinance No. 3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable)
shall conform to Reuse Permit procedures administered by
the County Water Resources Development Department.
26. If hazardous materials are found on the site, the Developer
shall stop all work and notify the City immediately. The
Developer shall develop a plan that meets City, State and
Federal requirements for its disposal.
27. The applicant shall comply with all pertinent County of
Ventura Public Works Department water and sewer connection
regulations implemented by the County of Ventura Public
Works Department Waterworks District No. 1.
28. All existing and proposed utilities shall be under grounded
as approved by the City Engineer. This also includes all
existing above ground power lines adjacent to the project
site that are less than 67Kv.
29. Prior to improvement plan approval, the applicant shall
submit plans to the Ventura County Fire Prevention Division
and obtain the approval of the location of fire hydrants.
30. The applicant shall provide all easements and rights -of -way
granted to the City free and clear of all liens and
encumbrances.
31. Prior to any work being conducted within any State, County,
or City right of way, the applicant shall obtain all
necessary encroachment permits from the appropriate
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Resolution No. PC -2003-
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Agencies. Copies of these approved permits shall be
provided to the City Engineer.
32. Prior to the approval of Final Map the applicant shall
submit to the Community Development Department and the
City Engineer for review a current title report, which
clearly states all interested parties and lenders included
within the limits of the subdivision as well as any
easements that affect the subdivision.
33. Any mapping that requires review and approval by the County
of Ventura shall be concurrently submitted to the City
Engineer for review and approval. The applicant shall be
responsible for all associated fees and review costs.
34. The Final Map shall be prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act.
35. Any lot -to -lot drainage easements and secondary drainage
easement shall be delineated on the Final Map. Assurance in
the form of an agreement shall be provided to the City that
these easements shall be adequately maintained by property
owners to safely convey storm water flows. Said agreement
shall be submitted to the City Engineer for review and
approval and shall include provisions for the owners
association to maintain any private storm drain or National
Pollution Discharge Elimination System, hereinafter NPDES
system not maintained by a City Assessment District and
shall be a durable agreement that is binding upon each
future property owner of each lot.
36. On the Final Map, the applicant shall offer to dedicate to
the City of Moorpark all rights -of -way for public streets.
37. Prior to submittal of the Final Map for review and
approval, the applicant shall transmit by certified mail a
copy of the conditionally approved Tentative Map together
with a copy of Section 66436 of the State Subdivision Map
Act to each public entity or public utility that is an
easement holder of record. Written evidence of compliance
shall be submitted to the City Engineer.
38. All development areas and lots shall be designed and graded
so that surface drainage is directed to acceptable
locations or natural or improved drainage courses as
approved by the City Engineer. Altered drainage methods and
patterns onto adjacent properties shall not be allowed
without mitigation.
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Resolution No. PC -2003-
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39. ROC, NOx and dust during construction grading will be
suppressed by the following activities:
a. The fuel injection of all diesel engines used in
construction equipment should be retarded two degrees
from the manufacturer's recommendation.
b. All diesel engines used in construction equipment
should use high - pressure injectors.
C. All diesel engines used in construction equipment
should use reformulated diesel fuel.
d. Construction grading shall be discontinued on days
forecasted for first stage ozone alerts (concentration
of 0.20 ppm) as indicated at the Ventura County Air
Pollution Control District air quality monitoring
station closest to the City of Moorpark. Grading and
excavation operations shall not resume until the first
stage smog alert expires.
e. All clearing and grading activities shall cease during
periods of high winds (i.e., greater than 15 miles per
hour averaged over one hour) to prevent excessive
amounts of fugitive dust.
f. All material transported off -site shall be either
sufficiently watered or securely covered to prevent
excessive amounts of dust.
g. All active portions of the site shall be either
periodically watered or treated with environmentally
safe dust suppressants to prevent excessive amounts of
dust.
h. Facilities shall be constructed and operated in
accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District.
i. Large -scale construction vehicles and trucks exiting
the project site during the mass grading period shall
be required to have tire wash -downs to minimize the
dispersion of dust onto local streets.
40. Temporary erosion control measures shall be used during the
construction process to minimize water quality effects.
Specific measures to be applied shall be identified in the
project Erosion and Sediment Control Plan. The following
water quality assurance techniques shall be included, but
not limited to the following, as deemed necessary:
a. Minimize removal of existing vegetation.
0:.'01:6
Resolution No. PC -2003-
Page 18
b. Provide temporary soil cover, such as hydroseeding,
jute blankets, mulch /binder and erosion control
blankets, to protect exposed soil from wind and rain.
C. Incorporate silt fencing, berms, and dikes to protect
storm drain inlets and drainage courses.
d. Rough grade contours to reduce flow concentrations and
velocities.
e. Divert runoff from graded areas, using straw bale,
earth, and sandbag dikes.
f. Phase the grading to minimize soil exposure during the
October through April rainy season.
g. Install sediment traps or basins.
h. Maintain and monitor erosion /sediment controls.
41. To minimize the water quality effects of permanent erosion
sources, the following design features shall be
incorporated into the project - grading plan to the
satisfaction of the City Engineer. The City Engineer shall
review and approve the grading plan to verify compliance
with Best Management Practices features including, but not
limited to the following:
a. Drainage swales, subsurface drains, slope drains,
storm drain inlet /outlet protection, and sediment
traps.
b. Check dams to reduce flow velocities.
C. Permanent desilting basins.
d. Permanent vegetation, including grass -lined swales.
e. Design of drainage courses and storm drain outlets to
reduce scour.
42. The following measures shall be implemented during all
construction activities throughout build out of the project
to minimize the impacts of project- related noise in the
vicinity of the proposed project site:
a. Construction activities shall be limited to between
the following hours: a) 7:00 a.m. to 6 p.m. Monday
through Friday, and b) 9:00 a.m. to 6:00 p.m.
Saturday. Construction work on Saturdays will require
payment of a premium for City inspection services and
may be further restricted or prohibited should be City
receive complaints from adjacent property owners. No
construction work is to be done on Sundays and City
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Resolution No. PC -2003-
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observed holidays pursuant to Section 15.26.010 of the
Municipal Code.
b. Truck noise from hauling operations shall be minimized
through establishing hauling routes that avoid
residential areas and requiring that "Jake Brakes" not
be used along the haul route within the City. The
hauling plan must be identified as part of the grading
plan and shall be approved by the City Engineer.
C. The Developer shall ensure that construction equipment
is fitted with modern sound - reduction equipment.
d. Stationary noise sources that exceed 70 dBA of
continuous noise generation (at 50 feet) shall be
shielded with temporary barriers if existing
residences are within 350 feet of the noise source.
e. Designated parking areas for construction worker
vehicles and for materials storage and assembly shall
be provided. These areas shall be set back as far as
possible from or otherwise shielded from existing
surrounding rural residential neighborhoods.
f. Property owners and residents located within 600 feet
of the project site, shall be notified in writing on a
monthly basis of construction schedules involving
major grading, including when clearing and grading is
to begin. The project developer shall notify adjacent
residents and property owners by Certified Mail- Return
Receipt Requested of the starting date for removal of
vegetation and commencement of site grading. The
content of this required communication shall be
approved by the City Engineer in advance of its
mailing and the return receipts, evidencing United
States mail delivery, shall be provided to the
Engineering Department.
g. A construction effects program shall be prepared and
submitted to the City after completion and occupancy
of the first phase of project build out. This program
shall protect, to the degree feasible, new residents
from the impacts of sustained construction.
43. The applicant shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Tentative Map, prepared by a Registered Civil
Engineer, shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
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Resolution No. PC -2003-
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sufficient surety guaranteeing the construction of all
improvements.
44. The final grading plan shall meet all UBC and City of
Moorpark standards including slope setback requirements at
lot lines, streets and adjacent to offsite lots.
45. Concurrent with submittal of the rough grading plan a
sediment and erosion control plan shall be submitted to the
City for review and approval by the City Engineer. The
design shall include measures for irrigation and
hydroseeding on all graded areas within 30 days of
completion of grading unless otherwise approved by the City
Engineer. Reclaimed water shall be used for dust control
during grading, if available from Ventura County Waterworks
District No. 1.
46. This project is projected to import soils onsite.
Import /export operations requiring an excess of 100 total
truckloads or 1,000 cubic yards of material shall require
City Council approval prior to the commencement of hauling
or staged grading operations. A haul route is to be
submitted for review and approval by the City Engineer and
Community Development Director. Additional surety for the
cleaning and /or repair of the streets shall be required as
directed by the City Engineer.
47. All requests for staged grading shall be submitted in
writing to the City Engineer for review and approval by the
City Council.
48. Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural
conditions due to construction activity. These measures
will apply to a temporary or permanent grading activity
that remains or is anticipated to remain unfinished or
undisturbed in its altered condition for a period of time
greater than thirty (30) days except that during the rainy
season these measures will be implemented immediately.
49. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes
are warranted a certified soil engineer will review plans
and their recommendations will be subject to the review and
approval of the City Engineer and the Community Development
Director.
0 00119
Resolution No. PC -2003-
Page 21
50. All graded slopes shall be planted in a timely manner with
groundcover, trees and shrubs that will stabilize slopes
and minimize erosion. The planting will be to the
satisfaction of the Community Development Director and the
City Engineer.
51. So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
approximately 18 inches high, with curb outlet drainage to
be constructed behind the back of the sidewalk where slopes
exceeding 4 feet in height are adjacent to sidewalk. The
applicant shall use the City's standard slough wall detail
during the design and construction. The City Engineer and
Community Development Director shall approve all material
for the construction of the wall.
52. Prior to any work being conducted within any State, County,
or City right of way, the Developer shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits will be provided
to the City Engineer.
53. During site preparation and construction, the applicant
shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading
and construction purposes.
54. During smog season (May - October) the City shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone
levels and protect equipment operators from excessive smog
levels. The City, at its discretion, may also limit
construction during Stage II alerts.
55. If any hazardous waste is encountered during the
construction of this project, all work shall be immediately
stopped and the Ventura County Environmental Health
Department, the Fire Department, the Sheriff's Department,
and the City Engineer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies.
56. The applicant shall utilize all prudent and reasonable
measures (including installation of a 6 -foot high chain
link fence around the construction sites or provision of a
full time licensed security guard) to prevent unauthorized
persons from entering the work site at any time and to
protect the public from accidents and injury.
000180
Resolution No. PC -2003-
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57. Backfill of any pipe or conduit shall be in 4 -inch fully
compacted layers unless otherwise specified by the City
Engineer.
58. Soil testing for trench compaction shall be performed on
all trenching and shall be done not less than once every 2
feet of lift and 100 lineal feet of trench excavated. Test
locations shall be noted using street stationing with
offsets from street centerlines.
59. All vehicles in the construction area shall observe a 15-
mile per hour speed limit for the construction area at all
times.
60. During site preparation and construction, the applicant
shall construct temporary storm water diversion structures
per City of Moorpark standards.
61. The entire site shall be graded at the same time. Pads
shall be graded, planted and landscaped to the satisfaction
of the City Engineer.
62. Prior to submittal of grading plans the applicant shall
have a geotechnical report prepared to the satisfaction of
the City Engineer.
63. Prior to issuance of a building permit, all habitable
structures shall be designed to current UBC requirements or
the City approved geotechnical report requirements for the
project, whichever standard is most restrictive.
64. Prior to issuance of a building permit, an as- graded
geotechnical report and rough grading certification shall
be submitted to and approved by the City Engineer and
Geotechnical Engineer.
65. In accordance with Business and Professions Code 8771 the
street improvement plans shall provide for a surveyor's
statement on the plans, certifying that all recorded
monuments in the construction area have been located and
tied out or will be protected in place during construction.
66. Monuments shall meet the City of Moorpark, County of
Ventura Standards and shall be to the satisfaction of the
City Engineer.
67. Prior to the issuance of a Zoning Clearance for
construction for each residential unit, the applicant shall
make a contribution to the Moorpark Traffic Systems
Management (TSM) Fund of $1,444.00 per residential unit to
fund TSM programs or clean -fuel vehicles programs as
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Resolution No. PC -2003-
Page 23
determined by the City. Commencing on January 1, 2005, and
annually thereafter the Air Quality Fee shall be adjusted
by any increase in the Consumer Price Index (CPI) until all
fees have been paid. The CPI increase shall be determined
by using the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban consumers
within the Los Angeles /Anaheim /Riverside metropolitan area
during the prior year. The calculation shall be made using
the month of December over the prior month of December. In
the event there is a decrease in the CPI for any annual
indexing, the fee shall remain at its then current amount
until such time as the next subsequent annual indexing
which results in an increase.
68. As a condition of the issuance of a building permit for
each residential unit, Developer shall pay City a traffic
mitigation fee as described herein (`Citywide Traffic
Fee "). The Citywide Traffic Fee may be expended by the City
in its sole and unfettered discretion. On the effective
date of approval of this map, the amount of the Citywide
Traffic Fee shall be $4,240 per dwelling unit. Commencing
January 1, 2003, and annually thereafter, the Citywide
Traffic Fee shall be increased to reflect the change in the
State Highway Bid Price Index for the twelve (12) month
period that is reported in the latest issue of the
Engineering News Record that is available on December 31 of
the preceding year ( "annual indexing "). In the event there
is a decrease in the referenced Index for any annual
indexing, the Citywide Traffic Fee shall remain at its then
current amount until such time as the next subsequent
annual indexing which results in an increase.
69. The applicant shall contribute to the Los Angeles Avenue
Area of Contribution (AOC) Fee Program. The Los Angeles
Avenue AOC Fee shall be paid in accordance with City
Council adopted AOC fee requirements in effect at the time
of building permit application. The AOC Fee shall be paid
prior to the issuance of Zoning Clearance for each building
permit.
70. Prior to or concurrently with the Final Map and prior to
any construction for Walnut Canyon Road an encroachment
permit shall be obtained from Caltrans. Any additional
rights -of -way required to implement the approved design for
this work in the Caltrans right -of -way, including slope
easements for future grading, shall be acquired by the
applicant and dedicated to the State in a manner acceptable
000182
Resolution No. PC -2003-
Page 24
to Caltrans and the City Engineer. All required
dedications shall be illustrated on the Final Map. Proof of
encroachment or other non -City permits and bonds shall be
provided to the City Engineer prior to the start of any
grading or construction activities.
71. Prior to or concurrently with the Final Map and prior to
any construction for all streets, except for those under
the jurisdiction of Caltrans the applicant shall submit to
the City of Moorpark for review and approval, street
improvement plans prepared by a California Registered Civil
Engineer, enter into an agreement with the City of Moorpark
to complete public improvements, and post sufficient surety
guaranteeing the construction of all improvements. Public
streets shall conform to City of Moorpark requirements
including all applicable ADA requirements. Street
improvements shall be acceptable to the City Engineer and
Community Development Director.
72. All streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision),
unless noted otherwise in the Conditions.
73. The street improvements shall include concrete curb and
gutter, street lights, and signing, striping, interim
striping and traffic control, paving, and any necessary
transitions, to the satisfaction of the City Engineer. The
City Engineer and the Community Development Director shall
approve all driveway locations. The applicant shall
dedicate any additional right -of -way necessary to make all
of the required improvements.
74. Driveways shall be designed in accordance with the latest
APWA Standards.
75. Above ground obstructions (utility cabinets, mailboxes,
etc.) are to be placed within the right -of -way landscaping
areas. When above ground obstructions are to be placed
within the sidewalk, a minimum 3.5 feet clear sidewalk
width must be provided around the obstruction.
76. The applicant shall submit wall
showing that provisions have been
maintain proper sight distances.
other structures over six (6) feet
to and approved by the Community
the City Engineer.
and landscaping plans
taken to provide for and
All fences, walls and
high are to be submitted
Development Director and
OCOi83
Resolution No. PC -2003-
Page 25
77. Any right -of -way acquisition necessary to complete the
required improvements shall be acquired by the applicant at
his /her expense.
78. Street lights shall be provided on the improvement plans
per Ventura County Standards and as approved by the City
Engineer. Prior to Final Map recordation, the applicant
shall pay all energy costs associated with public street
lighting for a period of one year from the acceptance of
the street improvements.
79. The applicant shall make a pro -rata contribution to the
mitigation of cumulative regional drainage deficiencies,
should the City adopt such a program prior to issuance of
the first building permit.
80. Prior to or concurrently with the Final Map the applicant
shall submit to the City of Moorpark for review and
approval, drainage plans; hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete improvements and shall post sufficient
surety guaranteeing the construction of all improvements.
81. The plans shall depict all on -site and off -site drainage
structures required by the City.
82. The drainage plans and calculations shall relate to
conditions before and after development. Quantities of
water, water flow rates, major watercourses, drainage areas
and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention and NPDES
facilities and drainage courses will be addressed.
83. Hydrology shall be per the current Ventura County Flood
Control Standards except as follows:
a. All storm drains shall carry a 10 -year frequency
storm.
b. All catch basins shall carry a 10 -year storm.
C. All catch basins in a sump condition shall be sized
such that depth of water at intake shall equal the
depth of the approach flows.
d. All culverts shall carry a 100 -year frequency storm.
84. Surface flows shall be intercepted, detained and given
sufficient time to provide storm water clarification by
"passive" BMP systems prior to entering collector or storm
drain systems.
000184
Resolution No. PC -2003-
Page 26
85. Under a 10 -year frequency storm, local, residential and
private streets shall have one dry travel lane available on
interior residential streets. Collector streets shall have
a minimum of one dry travel lane in each direction.
86. "After- development" drainage to adjacent parcels shall not
be increased above "Pre- development" drainage quantities
nor will surface runoff be concentrated by this
development. All drainage measures necessary to take care
of storm water flows shall be provided to the satisfaction
of the City Engineer.
87. Drainage grates shall not be used at any location
accessible by pedestrian, bicycle or equestrian traffic.
88. The grading plan shall also show contours indicating the
50- and 100 -year flood levels.
89. All flows that have gone through flow attenuation and
clarification by use of acceptable BMP systems and are
flowing within brow ditches, ribbon gutters, storm drain
channels, area drains and similar devices shall be
deposited directly into the storm drain system and shall be
restricted from entering streets. If necessary, the storm
drain system shall be extended to accept these flows. Both
storm drains and easements outside the public right -of -way
are to be privately maintained unless otherwise approved by
the City Council.
90. Concrete surface drainage structures exposed to the public
view, shall be tan colored concrete, as approved by the
Community Development Director, and to the extent possible
shall incorporate natural structure and landscape to reduce
their visibility.
91. In order to comply with California Regional Water Quality
Control Board requirements no curb outlets will be allowed
for pad drainage onto the street. The applicant shall
inform all new and future homeowners that future
improvements such as pool construction or other private
improvements require observance of the same requirements.
This notification agreement shall be acknowledged by each
homeowner and recorded with each.
92. Drainage devices for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer.
000185
Resolution No. PC -2003-
Page 27
93. A hydraulic /hydrologic study shall be
analyzes the hydraulic capacity of the
with and without the storm drain system
development. The Developer shall make
improvements, required by the City, to sub
development.
prepared which
drainage system,
for the proposed
any downstream
)port the proposed
94. Improvements shall be constructed to detain drainage on-
site when the drainage amount is between the ten -year and
fifty -year storm event. A rainfall intensity Zone K shall
be utilized in the design unless alternate design intensity
is approved by the City Engineer.
95. Prior to the issuance of a grading permit the applicant
shall demonstrate, for each building pad within the
development area, that the following restrictions and
protections can be put in place to the satisfaction of the
City Engineer:
a. Adequate protection from a 100 -year frequency storm;
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Flood Control Standards.
d. All structures proposed within the 100 -year flood zone
shall be elevated at least one foot above the 100 -year
flood level.
96. The applicant shall provide for all necessary on -site and
off -site storm drain facilities to the satisfaction of the
City Engineer to accommodate upstream and on -site flows.
Facilities, as shown on existing drainage studies and
approved by the City Engineer, shall be delineated on the
final drainage plans. Either on -site detention basins or
storm water acceptance deeds from off -site property owners
must be specified.
97. The design of the storm drain system shall provide for
adequate width easements for future maintenance and
reconstruction of facilities particularly those facilities
that are deeper than 8 feet. In addition all facilities
shall have all- weather vehicular access. This design shall
be to the satisfaction of the City Engineer.
98. Engineering and geotechnical reports shall be provided to
prove, to the satisfaction of the City Engineer, that all
"passive" NPDES facilities meet their intended use and
design. These facilities shall meet the minimum
requirements relating to water retention and clarification.
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Resolution No. PC -2003-
Page 28
99. The Developer shall demonstrate and certify to the
satisfaction of the City Engineer that all existing storm
drain culverts within the site shall perform in an
acceptable manner based on their intended design and the
proposed increase /decrease of loading conditions,
introduction of surface water within subsurface areas that
may affect the culvert and proposed construction. This
especially includes cast -in -place concrete pipe (CIPP).
100. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant shall submit a Storm Water
Pollution Control Plan (SWPCP) to be developed and
implemented in accordance with requirements of the Ventura
Countywide Storm Water Quality Management Program, NPDES
Permit No. CAS004002, to the satisfaction of the City
Engineer.
101. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant shall also submit a Notice of
Intent (NOI) to the California State Water Resources
Control Board, Storm Water Permit Unit in accordance with
the NPDES Construction General Permit (No. CASQ00002):
Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activities). The
applicant shall comply with all requirements of this
General Permit including preparation of a Storm Water
Pollution Prevention Plan (SWPPP).
102. The applicant shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
associated with a construction activity where clearing,
grading, and excavation results in land disturbances of one
or more acres." The applicant shall submit a copy of the
Notice of Intent (NOI) to the City Engineers office as
proof of permit application.
103. The applicant shall also comply with NPDES objectives as
outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites."
104. Prior to Final Map approval, the appplicant shall provide
facilities to comply with NPDES requirements. Runoff from
developed areas shall be diverted to detention basins,
"passive- devices" or other passive Best Management
Practices (BMP's) to the satisfaction of the City Engineer.
A California registered civil engineer shall propose and
design these devices as part of the drainage improvement
00018'7
Resolution No. PC -2003-
Page 29
plans for the project. Provisions shall be made by the
Developer to provide for maintenance in perpetuity.
105. Prior to City issuance of the initial grading permit, the
applicant shall obtain all necessary NPDES related permits.
The grading permits issued for the development shall
require applicant to provide schedules and procedures for
onsite maintenance of earthmoving and other heavy equipment
and documentation of proper disposal of used oil and other
lubricants. The onsite maintenance of all equipment that
can be performed offsite will not be allowed.
106. Prior to the starting of grading or any ground disturbance
the applicant shall designate a full -time superintendent
for NPDES compliance. The NPDES superintendent shall be
present on the project site Monday through Friday and on
all other days when the probability of rain is 40% or
higher and prior to the start of and during all grading or
clearing operations until the release of grading bonds. The
NPDES superintendent shall have full authority to hire
personnel, bind the applicant in contracts, rent equipment
and purchase materials to the extent needed to effectuate
Best Management Practices. The NPDES superintendent shall
provide proof to the City Engineer of attendance and
satisfactory completion of courses satisfactory to the City
Engineer totaling no less than 8 hours directed
specifically to NPDES compliance and effective use of Best
Management Practices. Proof of such attendance and
completion shall be provided to the City Engineer prior to
employment to the NPDES superintendent. In addition, an
NPDES superintendent shall be employed to assume NPDES
compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final
landscaping of the site.
107. If any of the improvements which the applicant is required
to construct or install is to be constructed or installed
upon land in which the applicant does not have title or
interest sufficient for such purposes, the applicant shall
do all of the following at least 60 days prior to the
filing of the Final Map for approval pursuant to
Governmental Code Section 66457:
a. Notify the City of Moorpark (hereinafter City) in
writing that the applicant wishes the City to acquire
an interest in the land, which is sufficient for the
purposes as provided in Governmental Code Section
66462.5.
Resolution No. PC -2003-
Page 30
b. Supply the City with: (i) a legal description of the
interest to be acquired, (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250.310 of
the Code of Civil procedure, (iii) a current appraisal
report prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value
of the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
c. Enter into an agreement with the City, guaranteed by
such cash deposits or other security as the City may
require, pursuant to which the applicant will pay all
of the City's cost (including, without limitation,
attorney's fees and overhead expenses) of acquiring
such an interest in the land.
108. Prior to the issuance of a building permit for the first
residence a copy of the recorded Map(s) shall be forwarded
to the City Engineer for filing, and a final grading
certification shall be reviewed and approved by the City
Engineer.
109. Prior to acceptance of public improvements and bond
exoneration reproducible centerline tie sheets shall be
submitted to the City Engineer's office.
110. Prior to acceptance of public improvements and bond
exoneration sufficient surety in a form and in an amount
acceptable to the City guaranteeing the public improvements
shall be provided, and shall remain in place for one year
following acceptance by the City.
111. Prior to acceptance of public improvements and bond
exoneration original "as built" plans shall be certified by
the Developer's Registered Civil Engineer and submitted
with two sets of blue prints to the City Engineer's office.
These "as built" plans shall incorporate all plan
revisions. Although grading plans may have been submitted
for checking and construction on sheets larger than 22" X
36 ", they shall be resubmitted as "record drawings" in a
series of 22" X 36" mylars (made with proper overlaps) with
a title block on each sheet. Submission of "as built"
plans is required before a final inspection is scheduled.
Electronic files shall be submitted for all improvement
plans in a format to the satisfaction of the City Engineer.
In addition, Developer shall provide an electronic file
update on the City's Master Base Map electronic file,
incorporating all storm drainage, water and sewer mains,
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Resolution No. PC -2003-
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lines and appurtenances and any other utility facility
available for this project.
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
112. Prior to combustible construction, an all weather access
road /driveway suitable for use by a 20 -ton Ventura County
Fire Protection District (Fire District) vehicle shall be
installed.
113. All access roads /driveways shall have a minimum vertical
clearance of 13 feet 6 inches (1316 ").
114. Approved turnaround areas for fire apparatus shall be
provided when dead -end Fire District access roads /driveways
exceed 150 feet. Turnaround areas shall not exceed a 2.5%
cross slope in any direction and shall be located within
150 feet of the end of the access road /driveway.
115. Public and private roads shall be named if serving more
than four (4) parcels.
116. Prior to recordation of street names, proposed names shall
be submitted to the Fire District's Communications Center
for review.
117. Street name signs shall be installed in conjunction with
the road improvements. The type of sign shall be in
accordance with City of Moorpark Road Standards.
118. Address numbers, a minimum of 4 inches high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more than 150 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event, the
structure(s) is not visible from the street, the address
number(s) shall be posed adjacent to the driveway entrance.
119. Prior to or concurrently with the submittal of plans for
building permits a plan shall be submitted to the Fire
District for review and approval indicating the method in
which buildings are to be identified by address numbers.
120. Prior to construction, the applicant shall submit plans to
the Fire District for placement of fire hydrants. On
plans, show existing hydrants within 500 feet of the
development. Indicate the type of hydrant, number and size
of outlets.
Resolution No. PC -2003-
Page 32
121. Prior to combustible construction fire hydrants shall be
installed and in service and shall conform to the minimum
standards of the City of Moorpark Water Works Manual.
122. Prior to occupancy of any structure, blue reflective
hydrant location marketers shall be placed on the access
roads in accordance with Fire District standards. If the
final asphalt cap is not in place at time of occupancy,
hydrant location markers shall still be installed and shall
be replaced when the final asphalt cap is completed.
123. Prior to map recordation, the applicant shall provide to
the Fire District, verification from the water purveyor
that the purveyor can provide the required fire flow of
1,000 gallons per minute at 20 psi.
124. A copy of all recorded maps shall be provided to the Fire
District within seven (7) days of recordation of said map.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
125. Prior to issuance of a building permit, provide Ventura
County Waterworks District the following:
a. Water and sewer improvement plans in the format
required.
b. Hydraulic analysis by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water and sewer lines.
C. Copy of approval of fire hydrant locations by County
of Ventura Fire Protection District.
d. Copy of Release from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Fees: Plan check, construction inspection, capital
improvement charge, sewer connection fee and water
meter charge.
g. Signed Contract to install all improvements and a
Surety Bond.
E. For compliance with the following conditions please contact
the Ventura County Flood Control District:
126. No direct storm drain connections to Ventura County Flood
Control District facilities shall be allowed without
appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
000191
Resolution No. PC -2003-
Page 33
127. Cross Connection Control Devices: At the time
water service connection is made, cross connection control
devices shall be installed on the water system in a manner
approved by the County Waterworks District No. 1.
000192
Resolution No. PC -2003-
Page 34
EXHIBIT D
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2003 -01
SPECIAL CONDITIONS
1. Prior to the issuance of a building permit for each
residence adjacent to Walnut Canyon Road, additional
articulation shall be applied to the elevations of homes to
the satisfaction of the Community Development Director.
2. Prior to the issuance of building permits for Lots 1
through 6, the slope behind the rear yards of the lots
shall be stabilized by either the construction of a
retaining wall or by the application of soil nailing, at
the discretion of the Community Development Director and
the City Engineer. Any application so approved must
provide at least the minimum rear yard setbacks for the
homes on those lots.
3. Prior to the occupancy of the first residence, screening
landscape materials shall be planted in Lot C
(biofiltration area) to help soften views of the slope
behind lots 1 through 6 when viewed from Walnut Canyon
Road.
4. 4. Prior to the occupancy of the first residence, lots A
and B shall be planted with a combination of trees, vines,
shrubs, and ground cover to provide landscaping along the
front of the tract wall.
S. Prior to the occupancy of the first residence, continued
maintenance of lots A, B, and C shall be ensured by the
inclusion of these lots in a landscape maintenance
district.
6. Prior to the occupancy of the first residence adjacent to
Walnut Canyon Road, a sound wall shall be constructed along
the eastern property lines of the lots if determined
necessary by a noise study in order for exterior noises to
be at or below 65 CNEL. The wall shall be constructed out
of decorative materials to the satisfaction of the
Community Development Director. In order to screen the
wall, a five (5) foot wide planter shall be provided
between the wall and Walnut Canyon Road. This planter
shall be planted with trees, shrubs, and vines to screen
the wall.
000193
Resolution No. PC -2003-
Page 35
7. To reduce the interior noise levels, a minimum window glass
thickness of 3/16 inch and a standard exterior wall of 5/8
inch gypsum board, 3.5 inch fiberglass filled cavity, 7/8
inch lath and stucco, typical for single family residential
developments shall be installed.
8. 8. All second story windows along Walnut Canyon Road
shall be Milgard type 5120 double - glazed window assemblies,
or an equivalent with a minimum STC 33 rating.
9. All rear and side entry doors of the homes on Lots 8
through 17 shall be gasketed (jamb, head, and sill) with
interlocking or tube type compression weather stripping, or
an effective equivalent.
10. All exterior vents on the homes on Lots 8 through 17 shall
be directed away from Walnut Canyon Road in order to reduce
noise transmissions into the house through vents and ducts.
11. Prior to the occupancy of the first residence, the removal
of five native walnut trees shall be mitigated by the
replanting on -site of walnut trees in a ratio of 10:1.
12. Prior to the occupancy of the first residence, the
applicant shall replace trees on the site in an amount
equal to the appraised value of the removed trees, as
identified in the Tree Report dated December 2002. Should
there not be sufficient space to replace the required
trees, or should appropriate trees not be available, the
applicant shall pay to the City of Moorpark an amount equal
to the difference between the appraised amount and the
value of the trees planted on site.
13. Prior to the occupancy of the first residence, the
applicant shall prepare for review and approval by the
Community Development Director a "New Home Maintenance
Manual." This Manual shall detail the various systems of
the home and the required maintenance that must be
performed, along with schedules, home warrantee
information, and information on pest control. The manuals
shall be provided to each new homeowner as part of the
acquisition.
14. Prior to the occupancy of each residence, full lot
landscaping, consisting of turf, shrubs and trees on
automatic irrigation shall be installed. Front yard
landscaping shall consist of turf and a street tree, while
the rear yard may consist of turf only, except along the
retaining wall behind lots 1 through 6, where a combination
of at least two (2) 15- gallon trees and three (3) five-
OCOJL94
Resolution No. PC -2003-
Page 36
gallon shrubs per lot shall be planted along the base of
the wall to soften the view of the wall. Tree and shrub
species shall be selected by the applicant and approved by
the City Landscape Consultant and the Community Development
Director prior to planting. A landscape plan shall be
submitted to the City for review and approval prior to
installation.
15. Prior to the occupancy of the first residence, the
applicant shall landscape and irrigate the parkway to the
satisfaction of the Community Development Director.
16. Prior to issuance of a Zoning Clearance, the building
elevations shall be revised to be consistent with the
conditions of approval for this Residential Planned
Development Permit and Tentative Tract Map No. 5405,
subject to Community Development Director approval.
17. All garage doors shall be rollup. A minimum 18 -foot long
driveway shall be provided in front of each door.
18. Minimum front yard setbacks on lots 1 through 3 shall be
ten (10) feet. An entry porch may encroach by five (5)
feet into this setback on lots 1 through 3. Minimum front
yard setbacks for lots 4 through 17 shall be 18 feet.
19. Each residence shall maintain a minimum rear yard setback
of fifteen (15) feet and a minimum side yard setback of
five (5) feet.
20. Accessory structures and patio covers shall maintain a
minimum five (5) foot side yard and rear yard setback.
STANDARD CONDITIONS
A. For compliance with the following conditions please contact
the Community Development Department:
1. The Residential Planned Development permit is granted for
the land and project as identified on the entitlement
application form and as shown on the plot plans and
elevations incorporated herein by reference as Exhibit "A ".
The location and design of all site improvements shall be
as shown on the approved plot plans and elevations except
or unless indicated otherwise herein in the following
conditions.
2. All conditions of Tentative Tract Map 5405 shall apply to
this residential planned development permit.
O00195
Resolution No. PC -2003-
Page 37
3. Unless the Residential Development Permit is inaugurated
(building foundation slab in place and substantial work in
progress) not later than three (3) years after this permit
is granted, this permit shall automatically expire on that
date. The Community Development Director may, at his /her
discretion, grant up to two (2) one (1) year extensions for
project inauguration if there have been no changes in the
adjacent areas and if Applicant can document that he /she
has diligently worked towards inauguration of the project
during the initial three -year period and the Applicant has
concurrently requested a time extension to the tentative
tract map. The request for extension of this entitlement
shall be made at least 30 -days prior to the expiration date
of the permit.
4. Prior to occupancy of each dwelling unit the applicant
shall install front yard landscaping as approved on the
landscape plans.
5. No expansion, alteration or change in architectural
elements that are visible from any abutting street shall be
allowed, unless in the judgment of the Community
Development Director such change is compatible with all
dwellings having frontage on the same street and located
within 200 feet (or as otherwise determined by the
Community Development Director) of the side property line
of the structure proposed for expansion or alteration,
subject to the review and approval of the Community
Development Director consistent with these approved
conditions and Zoning Code requirements.
6. All air conditioning or air exchange equipment shall be
placed at ground level, may not be placed in a sideyard
setback area within 15 feet of an opening window at ground
floor level of any residential structure, and shall not
reduce the required sideyards to less than 5 feet of level
ground.
7. All facilities and uses other than those specifically
requested in the application are prohibited unless an
application for a modification is submitted to the
Department of Community Development consistent with the
requirements of the Zoning Code.
8. Garages shall maintain a clear unobstructed dimension of 20
feet in length and 10 feet in width for each parking stall
provided with a minimum of two garage - parking stalls
required for each dwelling unit.
000196
Resolution No. PC -2003-
Page 38
9. Rain gutters and downspout shall be provided on all sides
of the structure for all structures where there is a
directional roof flow. Water shall be conveyed to the
street or drives in non - corrosive devices as determined by
the City Engineer.
10. Hot water solar panel stub -outs shall be provided.
11. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee or owner shall be required to remedy any defects
in ground maintenance, as indicated by the Code Enforcement
Officer within five (5) days after notification.
12. Prior to the issuance of a Zoning Clearance for
construction, working drawings, grading and drainage plans,
plot plans, final map (if requested by the Community
Development Director), sign programs, and landscaping and
irrigation plans (three full sets) shall be submitted to
the Community Development Director for review and approval.
B. For compliance with the following conditions please contact
the Engineering Division:
13. The City Engineering conditions of approval for Tentative
Tract Map No. 5405 apply to Residential Planned Development
Permit No. 2003 -01.
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
14. All conditions of Tentative Tract Map 5405 shall apply.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
15. All conditions of Tentative Tract Map 5405 shall apply.
E. For compliance with the following conditions please contact
the Police Department:
16. Prior to issuance of building permits for either the
residential or recreational components of the project, the
Police Department shall review development plans for the
incorporation of defensible space concepts to reduce
demands on police services. To the degree feasible, public
safety planning recommendations shall be incorporated into
the project plans. The Applicant shall prepare of list of
project features and design components that demonstrate
responsiveness to defensible space design concepts. Review
and approval by the Police Department of all defensible
space design features incorporated into the project shall
OQ0lgw
Resolution No. PC -2003-
Page 39
occur prior to initiation of the building plan check
process.
F. For compliance with the following conditions please contact
the Moorpark Unified School District:
17. Prior to issuance of building permits for the residential
units, all legally mandated school impact fees applicable
at the time of issuance of a building permit shall be paid
to the Moorpark Unified School District.
-End-
00019S