Loading...
HomeMy WebLinkAboutAG RPTS 2003 0617 PC REGResolution No. PC- 2003 -445 PLANNING COMMISSION REGULAR FETING AGENDA TUESDAY - June 17, 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: } S. REORDERING OF, AND ADDITIONS TO THE AGENDA: Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. S: \Community Development \ADMIN \COMMISSION \AGENDA \2003 \030617 pca.doc Planning Commission Agenda June 17, 2003 Page No. 2 6. CONSENT CALENDAR: A. Regular Meeting Minutes of May 20, 2003. B. Special Joint City Council /Planning Commission /Parks and Recreation Commission Meeting of May 17, 2003. 7. PUBLIC CONMNTS: 8. PUBLIC HEARINGS: (next Resolution No. 2003 -445) A. Consider Approval of Minor Modification No. 1 to Commercial Planned Development No. 95 -02 (Mayflower Market) to Modify Condition of Approval No. 27 Pertaining to a Required Access Easement. (APN 512 -0- 092 -130) Applicant: John Newton & Associates. Staff Recommendations: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. PC -2003- approving Minor Modification No. 1 to Commercial Planned Development No. 95 -02, amending Condition of Approval No. 27 and approving the proposed "blanket" easement. V 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 (APN: 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. 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. Planning Commission Agenda June 17, 2003 Page No. 3 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. D. Consider Zoning Ordinance Amendment Case No. 2003 -01: Deleting Chapter 5.88 of the Moorpark Municipal Code Regarding Home Occupations, Boutique Sales and Garage Sales and Amending Chapter 17.28.020(B) Regarding Home Occupations and Garage Sales Staff Recommendations: 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. 2003 -01. E. 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). Staff Recommendation: Open the public hearing, accept public testimony and continue the public hearing open to the July 1, 2003 Planning Commission meeting. 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. July 1, 2003 B. July 15 and August 5, 2003: Summer Recess /Cancellation 11. ADJOURNMENT: --------------------------------------------------------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102 - 35.104; ADA Title II). ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of May 20, 2003 Page 1 1 The Regular meeting of the Planning Commission was held on May 2 20, 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 7:05 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Vice Chair DiCecco led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners Lauletta, Peskay, Pozza, Vice Chair DiCecco 10 and Chair Landis were present. 11 Staff attending the meeting included Barry Hogan, Community 12 Development Director; David Bobardt, Planning Manager; Paul 13 Porter, principal Planner; Joseph Fiss, Principal Planner; 14 and Gail Rice, Administrative Secretary. 15 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 16 None. 17 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 18 None. 19 6. CONSENT CALENDAR: 20 A. Regular Meeting Minutes of April 1, 2003. 21 MOTION: Commissioner Pozza moved and Commissioner Peskay 22 seconded a motion that the Planning Commission Regular 23 Meeting Minutes of April 1, 2003, be approved. 24 Motion passed with a unanimous 5:0 voice vote. 25 7. PUBLIC COMMENTS: 26 None. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030520 pcm.doc 000001 1 8. 2 3 4 5 6 7 Planning Commission, City of Moorpark, California Minutes of May 20, 2003 Paste 2 PUBLIC HEARINGS: (next Resolution No. 2002 -441) A. Consider Commercial Planned Development No. 2003 -01 to Allow the Conversion of Existing Single- Family Detached Residence to Commercial Office Use at 96 Moorpark Avenue. Applicant: John Wotawa. Assessor's Parcel Number: 512 -0- 111 -050. 8 Staff Recommendations: 1) Open the public hearing, 9 accept public testimony and close the public hearing; 10 and 2) Adopt Resolution No. PC -2003- approving 11 Commercial Planned Development Permit No. 2003 -01. 12 Joseph Fiss presented the staff report. 13 The Commission questioned staff on the setback and 14 whether the building is owner - occupied. 15 Chair Landis opened the public hearing. 16 John Wotawa, applicant, indicated that he concurred 17 with the conditions of approval. 18 Chair Landis closed the public hearing. 19 The Commission discussion included the fire hydrant 20 upgrade condition, trash area, street lighting, 21 landscape plan and parking. Comments were made on 22 setbacks and the project being a good example of 23 "'smart growth." 24 MOTION: Vice Chair DiCecco moved and Commissioner 25 Peskay seconded a motion to approve staff 26 recommendations and adopt Resolution No. PC- 2003 -441, 27 approving Commercial Planned Development No. 2003 -01. 28 Motion carried with a unanimous 5:0 voice vote. 29 B. Consider Conditional Use Permit No. 2001 -02, for 30 Construction of a Wireless Communications Facility 31 Using an Existing Southern California Edison High - 32 Voltage Electrical Transmission Tower Located 33 Approximately 250 Feet Northwest of Mesa Verde Drive S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030520 pcm.doc QQ+0002 Planning Commission, City of Moorpark, California Minutes of May 20, 2003 Pacie 3 1 and 130 Feet West of Isle Royale Drive within the Open 2 Space (OS) Zone, on the Application of Infranext, Inc. 3 for Sprint PCS (Assessor Parcel Number 506 -0- 010 -045) 4 Staff Recommendations: 1) Open the public hearing, 5 accept public testimony and close the public hearing; 6 and 2) Adopt Resolution No. PC 2003- approving 7 Conditional Use Permit No. 2002 -03, subject to 8 conditions. 9 Paul Porter presented the staff report. 10 The Commission questioned staff on the power lines, 11 air - conditioning unit, vault area fencing, vault paint 12 color, reference made to AT &T on pages 46 and 51, and 13 whether the proposed site was the best location 14 available. 15 Chair Landis opened the public hearing. =16 Scott Dunaway, applicant, and Josef Napuli, Engineer 17 for applicant, were available for questions. I 18 Jerry Spivack and Jan Hinn, residents, spoke against 19 the proj e of . 20 The Commission questioned the applicant on the 21 location of this project. 22 Chair Landis closed the public hearing. 23 The Commission discussion included the resident's 24 concerns, however expressed comfort that this was the 25 best location for the use and the conditions of 26 approval were appropriate. 27 MOTION: Commissioner Peskay moved and Commissioner 28 Lauletta seconded a motion to approve staff recommendations 29 and adopt Resolution No. PC- 2003 -442, approving Conditional 30 Use Permit No. 2001 -02. 31 Motion carried with a unanimous 5:0 voice vote. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030520 pcm.doc 000003 Planning Commission, City of Moorpark, California Minutes of May 20, 2003 Paqe 4 1 C. Consider Conditional Use Permit No. 2003 -01, a Request 2 to Construct a Wireless Telecommunications Facility, 3 Consisting of a 92 -Foot "Mono- Pine" Tower, and a 160- 4 Foot Equipment Building, Located at the Ventura County 5 Water and Sanitation Services Division Office Site, at 6 7150 Walnut Canyon Road. Applicant: The Consulting 7 Group /Cingular Wireless (APN: 500 -0- 270 -130) 8 Staff Recommendations: 1) Open the public hearing, 9 accept public testimony and close the public hearing; 10 and 2) Adopt Resolution No. PC -2003- approving 11 Conditional Use Permit No. 2003 -01. 12 Barry Hogan presented the staff report. 13 The Commission questioned staff on the number of sites 14 previously considered for this project and height of 15 the monopine. 16 Chair Landis opened the public hearing. 17 Ramon Salazar, applicant, was available for questions. 18 The Commission questioned the applicant on the height 19 and coverage of the pole. 20 Chair Landis closed the public hearing. 21 The Commission's discussion included the monopine 22 design, height and why the site was chosen. 23 MOTION: Commissioner Pozza moved and Vice Chair DiCecco 24 seconded a motion to approve staff recommendations and 25 adopt Resolution No. PC- 2003 -443, approving Conditional Use 26 Permit No. 2003 -01. 27 Motion carried with a unanimous 5:0 voice vote. 28 D. Consider Commercial Planned Development Permit No. 29 2002 -01, for Construction of Three Commercial 30 Buildings on an Existing 2.29 Acre Parcel Located 31 Northeast of the Northeast Corner of New Los Angeles 32 Avenue and Spring Road, on the Application of 33 GreeneWay Development, Inc. (Assessor Parcel Number 34 512 -0- 180 -09) S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030520 pcm.doc o » 0004 Planning Commission, City of Moorpark, California Minutes of May 20, 2003 Paae 5 1 Staff Recommendations: 1) Open the public hearing, 2 accept public testimony and close the public hearing; 3 2) Consider the proposed Negative Declaration to 4 ensure that it adequately addresses the impacts of the 5 proposed commercial project; and 3) Adopt Resolution 6 No. PC -2003- recommending to the City Council 7 approval of Commercial Planned Development Permit No. 8 2002 -01, subject to conditions. 9 Disclosure by the Planning Commission took place: 10 • Vice Chair DiCecco stated that he had met with 11 this applicant for general discussion. 12 Paul Porter presented the staff report. 13 The Commission questioned staff on making the rear two 14 buildings 2- story, traffic, driveway, easements, 15 access, parking, type of tenants and the Mitigated 16 Negative Declaration. 17 Char Landis opened the public hearing. 18 John Newman, representative for applicant, Larry 19 Greene, applicant, Kevin Williams, civil engineer, and 20 Mica Bevinq, architect, were available for questions. 21 The Commission questioned the applicant on 22 consideration of other project designs, access and 23 impact on the project, circulation issues and the 24 tenant mix. 25 Chair Landis closed the public hearing. 26 The Commission discussion included the architecture, 27 configuration of buildings and layout, pedestrian 28 paths through the parking area, rear wall height, 29 loading area, traffic concerns, easements, parking, 30 access and corrections to the Initial Study. 31 Chair Landis discussed his desire to see the project 32 redesigned to accommodate a children's play area, 33 suggesting that the freestanding building could be a 34 '"U" shape. The Commission discussed the suggestion, S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030520 pcm.doc 000005 Planning Commission, City of Moorpark, California Minutes of May 20, 2003 Paae 6 1 but did not feel this project could accommodate such a 2 modification. 3 Mr. Hogan suggested the following conditions be 4 amended to address the Commission's concerns: 5 • Page 127; Special Condition No. 8 should read, "The 6 Applicant shall dedicate and improve the applicant's 7 street frontage on Spring Street . ". 8 • Page 127; Special Condition No. 10 should read, ". . 9 that the easement required as part of Condition No. 10 5 above. . 11 • Page 150; eliminate Condition No. 8. 12 • Add a Special Condition to add pedestrian access and 13 additional architectural detailing to the 14 satisfaction of the Community.Development Director. 15 Mr. Porter suggested the following condition be 16 delated: 17 • Page 150; eliminate Standard Condition No. 108 18 (duplictition). 19 MOTION: Commissioner Lauletta moved and Commissioner Pozza 20 seconded a motion to approve staff recommendations and 21 adopt Resolution No. PC- 2003 -444, approving Commercial 22 Development Permit No. 2002 -01 with conditions as amended. 23 Motion carried with a 4:1 roll call vote, Commissioners 24 Lauletta, Peskay, Pozza and Vice Chair DiCecco voting aye, 25 Chair Landis voting no. 26 MOTION: Chair Landis moved and Commissioner Lauletta 27 seconded a motion to appoint Vice Chair DiCecco to work 28 with staff and the applicant to address refinements to 29 pedestrian access and architectural details. 30 Motion carried with a unanimous 5:0 voice vote. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030520 pcm.doc (� nn nn ()010 � Planning Commission, City of Moorpark, California Minutes of May 20, 2003 Paqe 7 1 9. DISCUSSION ITEMS: 2 None. 3 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 4 A. June 3, 2003: 5 • Cancellation 6 B. June 17, 2003: 7 • Zoning Ordinance Amendment on Entitlement Process 8 (BKH/DB) 9 0 Consider Ordinance Amendment Case No. 2003 -01: 10 Amendments to Chapter 5.88 of the Moorpark Municipal 11 Code Regarding Home Occupations, Boutique Sales and 12 Garage Sales (JF). .13 Mr. Hogan advised the Commission that the June 3, 2003 -`' 14 meeting would be cancelled and provided a brief overview of 15 future agenda items. 16 Chair Landis complimented staff on their thoroughness and 17 preparation for past and present meetings. 18 11. ADJOURNMENT: 19 MOTION: Commissioner Pozza moved and Commissioner Peskay 20 seconded a motion to adjourn the meeting. 21 Motion carried with a unanimous 5:0 voice vote. 22 The meeting was adjourned at 9:38 p.m. 23 24 25 26 27 28 Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030520 pcm.doc 0"•000` ITEM: 6. B. 1 MINUTES OF THE CITY COUNCIL, PLANNING COMMISSION, 2 AND PARKS AND RECREATION COMMISSION 3 Moorpark, California Mav 17, 2003 4 A Special Joint Meeting of the City Council, Planning 5 Commission, and Parks and Recreation Commission of the City of 6 Moorpark was held on Saturday, May 17, 2003, beginning at the 7 Community Center of said City located at 799 Moorpark Avenue, 8 Moorpark, California. 9 1. CALL TO ORDER: 10 Mayor Pro Tem Millhouse called the City Council meeting to 11 order at 9:06 a.m. 12 Chair Landis called the Planning Commission meeting to 13 order at 9:06 a.m. 14 Vice Chair Catrambone called the Parks and Recreation 15 Commission meeting to order at 9:06 a.m. 16 2. PLEDGE OF ALLEGIANCE: 17 None. 18 3. ROLL CALL: 19 Councilmembers Present: Councilmembers Harper, Mikos, 20 Parvin, and Mayor Pro Tem 21 16 Millhouse. 22 Councilmembers Absent: Mayor Hunter. 23 Planning Commissioners 24 Present: Commissioners DiCecco, Lauletta, 25 Peskay, Pozza, and Chair Landis. 26 Parks and Recreation 27 Commissioners Present: Commissioners Thompson, 28 Weisberger, and Vice Chair 29 Catrambone. 1 111: Minutes of the City Council, Planning Commission, and Parks and Recreation Commission Moorpark, California Paae 2 Mav 17, 2003 1 Parks and Recreation 2 Commissioners Absent: Commissioner Pflaumer and Chair 3 DeGuardi. 4 Staff Present: Steven Kueny, City Manager; Barry 5 Hogan, Community Development 6 Director; Mary Lindley, Community 7 Services Director; Cynthia 8 Borchard, Administrative Services 9 Director; Walter Brown, City 10 Engineer; David Bobardt, Planning 11 Manager; and Deborah Traffenstedt, 12 Assistant to City Manager /City 13 Clerk. 14 4. PUBLIC COMMENT: 15 None. 16 5. PRESENTATION /ACTION /DISCUSSION: 17 A. Tour of the North Park Specific Plan Project Site 18 (General Plan Amendment No. 2001 -05, Specific Plan No. 19 2001 -01 and Zone Change No. 2001 -02 and the Moorpark 20 Highlands Specific Plan Project Site (General Plan 21 Amendment. No. 1999 -01, Zone Change No. 1999 -01, 22 Specific Plan No. 1995 -02, Residential Planned 23 Development No. 2002 -01, Tentative Tract Map No. 24 5045). (Tour will depart from the Moorpark Community 25 Center parking lot.) 26 AT THIS POINT in the meeting, a recess was declared to 27 depart for the tour. The time was 9:07 a.m. 28 The joint special meeting reconvened at 9:25 a.m. at 29 the Moorpark College Observatory parking lot (Stop 1). 30 Vince Daly, representing the North Park Project 31 applicant, was present to answer questions. Mr. 32 Bobardt displayed an aerial photograph and discussed 33 the North Park Project draft land use plan and project 34 site boundaries. Access road locations were also 35 discussed. 36 The tour reached Stop 2, the proposed North Park Phase 37 II residential area, at 10:00 a.m. Mr. Bobardt 000009 Minutes of the City Council, Planning Commission, and Parks and Recreation Commission Moorpark, California Page 3 May 17, 2003 1 discussed the proposed limits of the development area 2 and proposed location of the freeway access road, 3 school site, and public park. 4 The tour reached Stop 3, the northeast corner of the 5 North Park project site, at 10:46 a.m. Mr. Bobardt 6 discussed the land use plan and project limits from 7 this perspective, looking down at the site and 8 surrounding properties. 9 AT THIS POINT in the meeting, Planning Commissioners 10 Lauletta and Pozza left the tour. The time was 11:00 a.m. 11 The tour reached Stop 4, the proposed new Moorpark 12 College Observatory site within the North Park 13 Specific Plan area, at 11:15 a.m. Mr. Bobardt 14 discussed the areas of the site that would be 15 developed, as viewed from this perspective. The 16 planned observatory use was also briefly discussed. 17 The tour reached Stop 5, the Moorpark Highlands 18 Specific Plan Project site, at 11:40 a.m. James 19 Bizzelle and James Beck, representing Pardee Homes, 20 were present to answer questions about the proposed 21 "D" Street connection to a proposed State Route (SR) 22 23 extension through the Moorpark Highlands Specific 23 Plan area. Mr. Beck described the potential location 24 of the "D" Street connection and the SR -23 bypass, 25 including preliminary alignment and profile. Mr. 26 Brown explained that Caltrans would need to approve 27 design exceptions for the "D" Street and SR -23 bypass 28 proposal. The distance between the Varsity Park homes 29 on College Heights Drive and Clemson Street and the 30 proposed "D" Street and SR -23 bypass corridor was 31 discussed. 32 6. ADJOURNMENT: 33 CONSENSUS: The consensus of the City Council, Planning 34 Commission, and Parks and Recreation Commission members present 35 was to adjourn the special joint meeting at Stop 5, the Moorpark 36 Highlands Specific Plan site. 37 Chair Landis adjourned the Planning Commission meeting at 38 12:15 p.m. 00001© Minutes of the City Council, Planning Commission, and Parks and Recreation Commission Moorpark, California Page 4 May 17, 2003 1 Vice Chair Catrambone adjourned the Parks and Recreation 2 Commission meeting at 12:15 p.m. 3 Mayor Pro Tem Millhouse adjourned the City Council meeting 4 at 12:15 p.m. 5 6 7 1 11 12 13 ATTEST: 4. 14 15 Deborah S. Traffenstedt 16 City Clerk Kipp Landis, Chair Planning Commission Jonathon Quentin DeGuardi, Chair Parks and Recreation Commission Patrick Hunter, Mayor 000011 ITEM: 8. A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direct / Prepared by Steven Valdez, Planning Technic' V DATE: June 5, 2003 (PC Meeting of 5/2/03) SUBJECT: Consider Approval of Minor Modification No. 1 to Commercial Planned Development No. 95 -02 (Mayflower Market) to Modify Condition of Approval No. 27 Pertaining to a Required Access Easement.(APN 512 -0- 092 -130) Applicant: John Newton & Associates BACKGROUND The Planning. Commission, on January 22, 1996, approved, with conditions, Commercial Planned Development (CPD) Permit No. 95 -02 and Lot Line Adjustment (LLA) No. 95 -09 for the reconstruction of Mayflower Market at 105 E. High Street. Condition No. 27 of this permit reads: "Within three months after the issuance of the Zoning Clearance for construction, the applicant shall record a reciprocal access easement for the purpose of providing legal access to the adjacent property to the east, effective upon the adjacent property owner granting reciprocity." The intent of this condition was to allow reciprocal access to the adjacent property should the property owner wish to rebuild or expand the property in the future. The applicant now wishes to modify the plan and condition by meeting this easement condition through the irrevocable offer of a "blanket" access easement over the entire property. DISCUSSION Street access to parking for the Mayflower Market site is provided from one (1) driveway located along Walnut Street, approximately 115 feet north of the intersection of High Street. The existing 3,712 square -foot market is required to provide six (6) parking spaces (1 parking space per 600 square feet of gross floor area) since it is in the downtown area, where parking is reduced by half of that required in other commercially -zoned areas. The market currently provides eleven (11) spaces, five (5) more spaces than S: \Community Development \DEV PMTS \C P D \1995 -02 Mayflower \MIN MOD 01 \PC Agenda Report.doc 0 el 0 0 1 h Honorable Planning Commission June 17, 2003 Page 2 are required by code. No changes to the parking are proposed at this time. No changes to the parking are proposed at this time. The reciprocal access easement was originally required to ensure that street access to the rear of the property, to the east of the subject site, was not prevented by future development on the subject property. At the time, a fixed easement was identified, making all interested parties aware of the future access point. This also ensured that the access was not only usable but also in a location acceptable to the City and logically placed to encourage use by the public. The current request, while not a fixed easement, will still achieve the original goal of ensuring future access for the adjacent property. The ultimate location of the access point will need to be reviewed and approved by the City staff to ensure that it meets both the property owners' needs, as well as, addresses any City concerns. While the previously proposed fixed easement preserved the access to the adjacent property, it did so at a specific location without a particular site design in mind, limiting future potential designs for the subject property, as well as, the adjacent property. A blanket easement preserves the right of access while giving both properties the flexibility to design property improvements without the fixed access constraint. S. ENVIRONMENTAL DETERMINATION The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15305 (Class 5 - Minor Alterations in Land Use Limitations) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECO144ENDATIONS 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Adopt Resolution No. 2003- approving Minor Modification No. 1 to Commercial Planned Development No. 95 -02, amending Condition of Approval No. 27 and approving the proposed "blanket" easement. 000013 Honorable Planning Commission June 17, 2003 Page 3 Attachments: 1. Site Plan 2. Location Map 3. Resolution No. PC -96 -317. 4. Draft Resolution No. PC -2003- amending Resolution No. PC -96 -317 Conditions of Approval. 000014 r••— �'•:_: -- .rte »..M.�A «.irA�rww �awr+w K V'W 2115 i@ 9 t 0 y • fit- &4 ;i Roo C rla U P &4 U a k! Ie 11 !� 000015 1 I j uj CHARLES j z Lil HIGH --Fill P kTTA 71T 2 Fi City of Moorpark x Planning Division Location A Location: 105 E. HIGH STREET o goo Fee 0000 � � WO RESOLUTION NO. PC-96 -317 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NOORPARE, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 AND LOT LINE ADJUSTMENT NO. 95 -4 ON THE APPLICATION OF JOHN NEWTON AND ASSOCIATES (ASSESSOR PARCEL NOS. 512 -0- 092 -130 AND 140) Whereas, at a duly noticed public hearing on January 22, 1996, the Planning Commission considered the application filed by John Newton and Associates for approval of the following: Commercial Planned Development Permit No. 95 -2 for a 3,712 square foot (building area) commercial building to be used as a market is proposed to be constructed on a .344 acres parcel. Lot Line Adjustment No. 95 -4 to combine the following three lots into a single 15,000 square foot parcel: Gross Area Net Area Parcel 1 7,500 sq.ft. 7,500 sq.ft. Parcel 2 4,000 sq.ft. 4,000 sq.ft. Parcel 3 3,500 sq.ft. 3,500 sq.ft. Whereas, the Planning commission has reviewed and considered the information contained in the staff report dated December 19, 1995, the Categorical Exemption and testimony, and Whereas, at its meeting of January 22, 1996, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing. NOW, THEREFOR11, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby adopts the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The Project is exempt from CEQA pursuant to Section 15302 of the Government Code (Replacement of Structures). 2. A Notice of Exemption for the project has been prepared in compliance with CEQA, and City policy. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Municipal Zoning Code Section 17.44.030 in that: PC ATTACHMENT 3 Paqe 1 K -96 -317 000017 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 1. The proposed use as amended will be compatible with existing and future uses within the zone and the general area in which the proposed use is located. 2. That the proposed use will not be obnoxious or harmful to adjacent properties. 3. That the proposed uses will not impair the integrity and character of the zone in which it is located. 4. That the proposed use will not be detrimental to the public interest health, safety, convenience, or welfare. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth above, it is determined that the Lot Line Adjustment, with imposition of the attached conditions, meets the requirements of the Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et sea., in that: 1. The proposed Lot Line Adjustment is consistent with the The proposed use is consistent with the General Plan Land Use designation and related elements. Section 1. The Planning Commission hereby approves Commercial Planned Development Permit No. 95 -2 and Lot Line Adjustment No. 95 -4 and adopts the following conditions: Page PC -96 -317 O (1 0015 applicable general plan elements. _ 2. The site is physically suitable for the type of development proposed. i 3. The design of the Lot Line Adjustment and the proposed improvements will not cause substantial environmental damage. 4. The design of the Lot Line Adjustments and the type of improvements will not cause public health problems. 5. The design of the Lot Line Adjustment 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. 6. 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 sea, GLNERAL PLAN FINDING The proposed use is consistent with the General Plan Land Use designation and related elements. Section 1. The Planning Commission hereby approves Commercial Planned Development Permit No. 95 -2 and Lot Line Adjustment No. 95 -4 and adopts the following conditions: Page PC -96 -317 O (1 0015 COMMERCIAL PLAID= DEVELOPMENT PERMIT NO. 95.2 LOT LIKE ADJUSTXZNT NO 95.4 ONDITIONS a 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. 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. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlement or environmental assessment. Other Regulations 2. The development is subject to all applicable regulations of the C -2 Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and r-1 enactments shall, by reference, become conditions of this permit. Discontinuance of Use 3. The Commercial• Planned Development Permit shall expire when the use for which it is granted is discontinued for a period of 180 or more consecutive days. 4. All final construction working drawings, grading and drainage plans, plot plans, final parcel map (if requested by the Director of Community Development), sign plans, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. 5. Installation of the signs shall be in accordance with the approved elevations. Final determination of the design of the signs shall be approved by the Director of Community Development through approval of a Sign Permit which shall be approved prior to any signs being placed on the building. Page 00001.7 COMMCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 5. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional one year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. Public Telephones and Amusement Devices 6. No public telephones shall be permitted on the exterior of the buildings. In addition, no more than two coin or token operated amusement devices, either electronically or mechanically operated shall be permitted on the site. Other Regulations 7. 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. In instances where more than one set of rules apply, the stricter ones shall take precedence. Severability 8. w If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Permittee Defense Costs 9. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. lo. Prior to issuance of a Zoning Clearance for a Building Permit, the applicant must have submitted construction plans which P:iq" 4 PC -96 -317 000020 COIF MCIAL PLUMD DEVELOPKENT PERMIT NO. 95.2 LOT LIKE ADJ'USTNMT NO 93.4 indicate how the project will comply with the National Pollutant Discharge Elimination Standards (NPDES). Zoning Clearance Prior to Building Permit 11. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If a applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. Business Registration 12. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. Change of Ownership Notice 13. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. Other Uses 14. If in the future, any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the C -1 Zone and the terms and conditions of this permit and if a minor or major modification to the Planned Development is required. All applicable fees and procedures shall apply for said review. Acceptance of Conditions 15. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Page 5 PC -96 -317 00002-1 COiI UCIAL PLANNED DEI/ELOPNENT PRMT NO. 95.2 LOT LINE ADJ08TXZNT NO 95.4 Provision for Image Conversion of Plans into Optical Format 16. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. On -site improvements 17. No Zoning Clearance may be issued for building occupancy until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter walls, fences, landscape improvements, etc. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after the occupancy to guarantee that items such as perimeter walls, fences, landscape improvements, etc. are maintained. Tenant Occupancy 18. Prior to the issuance of a zoning clearance for tenant occupancy, applicable proposed uses shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental health Division, the applicant shall prepare a hazardous waste minimization plan. Utilities Assessment Dig &rict 19. The applicant agrees not to protest the formation of an underground utility assessment district. CeXtificate of occupancy Requirement 20. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the building and safety division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed or the applicant has provided a faithful performance bond. said on -site improvements shall be completed within 120 days of issuance of pact 6 YC -96 -317 000022 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 9S.2 LOT LIME ADJUSTMENT NO 95.4 the Certificate of Occupancy. In case of failure to comply wit any term or provision of this agreement, the city council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the director of community development, the surety may be exonerated by action of the Director of Community Development. Change of Tenant 21. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a zoning clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. 22. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by. the Code Enforcement Officer within thirty (5) days after notification. Prohibition of Outside or Truck Storage t 23. No outside storage of any materials or overnight parking of any semi - trucks or truck trailers shall be permitted. s Repair or Maintenance of Trucks 24. No repair or maintenance of trucks or any other vehicle shall occur on site. Noxious Odors 25. No noxious odors shall be generated from any use on the subject site. Graffiti Removal 26. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. Access Easement 27. Within three months after the issuance of the Zoning Clearance for construction, the applicant shall record a reciprocal Page 7 PC -96 -317 00()0211 COXMCIAL PLUM DEVELOPKENT MKIT NO. 93.2 r. LOT LIKE ADJOSTMW NO 95.4 access easement for the purpose of providing legal access to the adjacent property to the east, effective upon the adjacent property owner granting reciprocity. 28. Prior to issuance of a Zoning Clearance, a complete landscape plan (3 sets), together with specifications shall be submitted to the Director of Community Development. a. A maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to issuance of a grading permit. b. The final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application. C. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. d. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified.by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. e. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to occupancy as determined by the Director of Community Development. f. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. g. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. Page H PC -96 -317 nQOti,d COMMCIAL PLANNED DEYELOPKZNT PZMT NO. 95.2 �- LOT LINE ADJUSTMENT NO 95.4 ii. All plant species utilized shall be drought tolerant, low water using variety. iii. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian (PD). iv. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street (PD). V, Trees shall not be placed directly under any overhead lighting which could cause a loss of light at ground level (PD). vi. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. vii. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. The size of trees shall be as follows: 40% - 15 l" gallon, 30% - 24 inch box, and 30% - 36 inch box size. A. viii. A coordinated tree planting program shall be developed which will provide a dominant street ,tree within the components of the proposed development. ix. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. X. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. xi. Landscaping shall not cover any exterior door or window. (PD) xii. Landscaping at entrances /exits or at any intersection within the parking lot shall not block Page 9 PC- 96-317 000025 COMMCIAL PLANNED DEVELOPMENT PEItXIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 or screen the view of a seated driver from another moving vehicle or pedestrian. (PD) xiii. Prior to final inspection of the buildings, permanent irrigation shall be provided for all permanent landscaping (tree replacement, common area landscaping, and erosion control landscaping). The applicant shall be responsible for maintaining any irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the project. xiv. Applicant shall install and maintain landscaping and irrigation in the parkway adjacent to Walnut Street. FEES Case Processing Costs 29. The applicant shall pay all outstanding case processing (planning and engineering), and all City legal service fees prior to issuance of a Zoning Clearance. Covenant Recuireme 30. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by any future development. callgguas Municipal Water District Release 31. Prior to issuance of a Building Permit, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. Applicant shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. me 32. Prior to the issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. Page 10 PC -96 -317 `1 11 141 COMMERCIAL PLANNED DEVELOPMENT PX MIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 Code Enforcement Costs 33. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all city costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). Note: other fees may be found in the City Engineer's Conditions of Approval, further, not all fees due are listed in these conditions of approval. Use of Asbestos 34. No asbestos pipe or construction materials shall be used. Utilitv Lines �^ 35. All proposed utility lines within and immediately adjacent to the project site (as determined by the Director of Community Development) shall be placed underground to the nearest off - site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrouriding includes all above- ground power poles on the project site as well as those along the frontage of the site. The developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. 36. Address numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to installation (PD). 37. If required by the Moorpark Police Department, addresses shall also be displayed on the roof in florescent orange with the numbers and street in letters a minimum of three feet in height. (PD). Exterior Access 38. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc (PD). Pagc. 11 PC -96 -317 00 C 0 2% COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 �-. LOT LIME ADJUSTMENT NO 95.4 39. The following shall be depicted on the plot plans and shall be subject to approval by the Director of Community Development: a. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. b. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on- site. d. Elevations of proposed handscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. FT 171 .7_ 40. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the ^ flat roof area. Liahtina plan 41. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty five (25) feet. Page i , PC: -96 -317 7 511111 1 C COMMERCIAL PLANNED DEVELOPMENT PERlMIT NO. 95.2 �-. LOT LINZ ADJUSTMENT NO 95.4 C. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. e. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. f. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. h. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers (PD) . i. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. 42. All property line walls shall be no further than one inch from the property line. Downspouts 43. No downspouts shall be permitted on the exterior of the building. Roof Mounted Eauinment 44. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all ground level views of equipment and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and P j le ! 's PC -96 -317 000029 COKKZRCIAL PLNEM DEVBLOPXM PERKIT NO. 95.2 �-. LOT LIME AWUSTXZXT INTO 95.4 building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. 45. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community development or his designee. The wall shall be constructed of materials and colors consistent with the main building. 46. All exterior building materials and paint colors shall be as submitted. Skylights 47. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. Noise Generation Sources 48. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 65 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Parting Striping of Spaces 49. The striping for parking spaces shall be maintained so that it remains clearly visible. Parking Lot Surface 50. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping Page 14 PC -96 -317 0000.110 N COMMERCIAL PL71tUTMED DBVX OPMZNT PERMIT NO. 95.2 LOT LINZ ADJUSTKINT NO 95.4 and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. Rubbish and Recycling Sgace Requirements Reauirement for Franchise Hauler Usage FoKm 51. All trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high, solid wall enclosure with metal gates. The final design of the trash enclosures shall be subject to approval of the Director of Community Development prior to the issuance of a Zoning Clearance. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. Prior to issuance of a Zoning Clearance, the Franchise Hauler Usage Form must be submitted by the Applicant to the Community Development Department. The Moorpark Municipal Code Section 8.36.080 requires that only the City's franchised or permitted haulers provide residential, commercial, and temporary drop box /bin solid waste collection services. Recycling Plan 52. Prior to issuance of an Occupancy Permit, a Waste reduction and recycling plan shall be submitted to the City of Moorpark Department of Community Development prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of. recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pick -up schedule. Waste Management Education Program 53. The on -site building manager or designee will conduct a routine waste management education program on -site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management Department. - 17 F we) I ;ifs? 54. Rubbish and recycling disposal areas shall be depicted on the final construction plans. The number and size of the bins required, and the space allocation for areas of disposal with Fade 1" PC -96 -317 000031 COSOMCIAL PLANNED DEVELOPKENT PERMIT NO. 95.2 LOT LINE AD%TQBTXZNT NO 95.4 enclosures shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading a recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for 2 three cubic yard bins (107 11 x 84 or 168" X 53.511), or a space allotment for one 40 cubic yard bin (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and one 3 cubic yard for recyclables. C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding area. d. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified' clearance required by the collection methods and vehicles utilized by the hauler. e. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. f. Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. g. Enclosure. The design of the refuse and recycling enclosures shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. All rubbish disposal areas and recycling areas shall be screened with a six foot high, solid wall enclosure with metal gates. i. In cases where space for 2 three cubic yard bins is required (107" x 84 or 168" x 53.5 "), the opening of any bin enclosure must be at least 84 inches pale 16 ?C -96 -317 000032 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO, 95.2 LOT LINE ADJUSTMENT NO 95.4 (the size of a three cubic yard bin). This requirement applies to the amount of space exposed when the gate is fully opened. ii. Each refuse \recycling enclosure shall have gates and should be designed with cane bolts to secure the gates when in the open position. iii. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American with Disabilities Act. iv. The enclosure shall have a separate indirect pedestrian access way which does not require doors or gates. Building and safety Unconditional Will -Serve Letter 55. Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. FJater Service Connection 56. At the tiime water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. SeGurity During Construction 57. During construction the construction site shall be properly secured through the use of a perimeter chain link fence as specified by the Moorpark Police Department. (PD) rauinment Secured 58. During construction, equipment, tools, etc., shall be properly secured during non -- working hours. (PD) alarm ,,gystem 59. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. (PD) Page 17 PC -96 -317 000033 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE ADJUSTMENT NO 95.4 Secured Appliances 60. All appliances (microwave ovens, dishwashers, trash compactors, etc.) will be properly secured to prevent theft prior to installation during non - working hours. All serial numbers will be recorded for identification purposes (PD). Enforcement of Vehicle Codes 61. Prior to Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF THE SOME CLEARANCE (FOR CQUATRUCTION OF THE BUILDING). THE FOLLORING CONDITIONS SHALL BE SATISFIED: 62. The applicant shall have recorded Lot Line Adjustment 95 -4. DURING THE. GRADING /CONSTRUCTION OPERATIONS. THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 63. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. No work to be accomplished on Sunday pursuant to Ord. 1149. { 64. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of erosion control facilities:. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 days of completion of grading. 65. Prior to any work being conducted within the State, County, or City right of way, including installation of canopies and lighting, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies. 66. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 5 p.m. on weekdays only. rchagglogical or Historical Finds 67. If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or Page 13 PC- 96 - ?17 000034 CONXIMCIAL PLANNED DEVELOPXZNT PERXIT NO. 95.2 LOT LINZ ADJOSTNENT NO 95.4 archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation. 68. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur at least two times daily, preferably in the late morning and after the completion of work for the day or more frequently as directed by the City Engineer. 69. Cease all clearing, grading, earth moving, or excavation operations during periods of.high winds (20 mph or greater in one hour). The contractor shall maintain contact with the APCD meteorologist for current information about average wind speeds. 70. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 71. soil Testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 i'" lineal feet of trench excavated. { 72. Wash off heavy -duty construction vehicles before they leave the site. 73. Periodically s0eep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 74. Maintain equipment engines in good condition and in proper tune as per manufacturers' specifications to prevent excessive emissions. 75. All diesel engines used in construction equipments should use high pressure injectors. 76. All diesel engines used in construction equipments should use reformulated diesel fuel. 77. 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. patie 19 PC -96 -317 000035 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 95.2 LOT LINE AD%TUBTK=rf NO 9S.4 78. The developer shall ensure that construction equipment is fitted with modern sound - reduction devices. 79. 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 Con- struction Observer shall be notified immediately. Work shall not proceed until clear$nce has been issued by all of these agencies. STREET IMPROVEMENTS 80. The applicant shall have completed all street, drainage or other public improvements. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS_AND BOND EXONERATION, ?SE FOLIMINQ CONDITIONS SHALL BE SATISFIEW 81. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 82. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (LQs Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 83. original "as built" plans will be certified by the applicant's civil engineer and submitted, with two sets of blue prints, to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builts" in. series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" plans is required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS 84. Address numbers, a minimum of 6 inches (611) 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 250 feet (250') from the street, larger numbers shall be required so they are distinguishable from the street. In the event the structure(s) are not visible rom the street, the address number(s) shall be posted adjacent to the driveway entrance. Pacae ::0 PC -96 -317 000036 85. If any building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Fire District for review. 86. Building plans for all A, E, I and H occupancies shall be submitted to the Fire District for plan check. 87. Plans for any fire alarm system shall be submitted to the Fire District for plan check. 88. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be subject to review of the Fire District. 89. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, AYES: Torres, Martens, Miller, Acosta, And May NOES: PASSES, APPROVED, AND ADOPTED THIS 2nd DAY OF JANUARY, 1996. John Torres Planning Commission Chairman ATTEST: 1 L�F�Ca Secretary to the Planning Commission 000O.?� 7 according to the Ventura County Fire Protection Ordinance. 90. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved fire sprinklers (Uniform Fire Code, Article 11). 91. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. VEIITURA COONTY NATERNORK8 DISTRICT NO, 1 CONDITIONSt 92. Applicant for service shall comply with the District "Rules and Regulations" including all provisions of or relating to .the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. The action of the foregoinq direction was approved by the following roil call voto: AYES: Torres, Martens, Miller, Acosta, And May NOES: PASSES, APPROVED, AND ADOPTED THIS 2nd DAY OF JANUARY, 1996. John Torres Planning Commission Chairman ATTEST: 1 L�F�Ca Secretary to the Planning Commission 000O.?� 7 RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 1995 -02 FOR ALTERATION OF A REQUIRED ACCESS EASEMENT, LOCATED AT 105 E. HIGH STREET, ON THE APPLICATION OF JOHN NEWTON ON BEHALF OF MAYFLOWER MARKET. (ASSESSOR PARCEL NO(S). 512 -0- 092 -130) WHEREAS, on June 17, 2003, the Planning Commission held a duly noticed public hearing to consider the application of John Newton on behalf of Mayflower Market for Minor Modification No. 1 to Commercial Planned Development Permit No. 1995 -02 for the alteration of a required access easement on Assessor Parcel Nos. 512 -0- 092 -13 & 512 -0- 092 -14; 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 considered public testimony both for and against the proposal and reached a decision on the matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15303 as a Class 5 exemption (minor changes in land use limitations). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. COMMERCIAL 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 reaffirms the findings of approval contained in Resolution No. PC -96 -317, in accordance with City of Moorpark Municipal Code Section 17.44.030. SECTION 2. PLANNING COMMISSION Commission approves Commercial Plann( Minor Modification No. 01 subject to Conditions of Approval included in Standard Conditions of Approval), incorporated herein by reference. ACTION: The Planning E�d Development No. 95 -02 the Special and Standard Exhibit A (Special and attached hereto and PC ATTACHMENT 4 000038 Resolution No. PC -2003- Page 2 SECTION 3. 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: i Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 000039 Resolution No. PC -2003- Page 3 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO.95 -02 Minor Modification No. 1 SPECIAL CONDITIONS 1. Except as stated herein, all conditions of Commercial Planned Development No. 95 -02 remain in full force and effect. 2. Condition No. 27 of Resolution No. PC -96 -317, approving Commercial Planned Development Permit No. 1995 -02 is repealed and replaced with the following condition: Within forty -five (45) days of this approval, the applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing legal access to the adjacent property to the east, effective upon the adjacent property owner granting reciprocity. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. if accepted -by the City of Moorpark, this easement may be fully assignable to the property owner to the east of this property, as an easement appurtenant for access, ingress and egress purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required appurtenant documents required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer and the City Attorney. STANDARD CONDITIONS PLEASE CONTACT THE CO)DEWITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING CONPLIANCE WITH THE FOLLOWING CONDITIONS) A. GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein 1 =tl�1 Resolution No. PC -2003- Page 4 in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17 - Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. 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. In instances where more than one set of rules apply, the stricter ones shall take precedence. 4. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 5. The permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit% The permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his /her obligation under this condition. 6. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 7. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description 000041 Resolution No. PC -2003- Page 5 prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. S. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 9. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. - END - 000042 ITEM: 8. B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direct Prepared by Scott Wolfe, Principal Planner DATE: May 23, 2003 (PC Meeting of 6/17/03) SUBJECT: 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 (APN: 511- 0- 010 -435) BACKGROUND On March 4, 2003, Louis and Diane Miraglia submitted an application for a lot line''adjustment (the transfer of property from the parcel at 11905 Elwin Lane to the subject property at 11820 Darlene Lane), and the simultaneous subdivision of the subject property into two (2) residential lots. Review of the application revealed that the subject property was of sufficient size to subdivide without the addition of property from another parcel. On May 9, 2003, the applicant revised the application to reflect only the subdivision of the subject property in its current configuration. The resulting subdivision would result in the creation of two (2) 1.014 acre parcels. DISCUSSION Project Setting Existina Site Conditions: The subject property is located in a neighborhood generally consisting of lots at least one (1) acre in size. The area is rural in nature, with several of the larger lots supporting the keeping of animals. The subject property is rectangular in shape and consists of 2.028 acres of land. The property slopes gently to the south. Access to the subject property is from Darlene Drive. The northerly portion S: \Community Development \DEV PMTS \T P M \5399 Miraglia \PC Agenda Report.doc 000043 Honorable Planning Commission June 17, 2003 Page 2 of the subject site is developed with a single- family, detached home and landscaping. The southerly half of the lot is primarily barren and currently used for the keeping of animals. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site RH RE -lAc. Residences North RH RE -lAc. Residences South RH RE -lAc. Residences East RH _ RE -lAc. Vacant West RH RE -lAc. Residences General Plan and Zoning Consistency: The neighborhood in which the subject property is situated is rural residential in nature. The General Plan Land Use designation for the area is Rural High (RH) -1 dwelling unit /acre maximum. The zoning for the area is Rural Exclusive -1 acre (RE -1Ac.) minimum lot size. The proposed subdivision will create.two (2) lots which are each just over one (1) acre in size. These lots will conform to the minimum standards of the zoning. While the minimum lot size in the neighborhood is prescribed as one (1) acre, there are a number of non - conforming lots within the area which are considerably smaller than that minimum. The lots resulting from this request will not result in lots which are out -of- character with the neighborhood. Project Summary Tentative Parcel Map No. 5394: Parcel No. Size (in acres) Size (in sq. ft.) 1 1.014 44,170 2 1.014 44,170 Total 2.028 88,340 Proposed Project The proposed project is the subdivision of the subject property into two (2) parcels. The southern parcel will be a flag lot to facilitate access. The access point for the second parcel will be along the western lot line of the existing lot, and access will be provided along a 20 -foot wide driveway. No further development is proposed at this time. Any future development of these parcels will require appropriate review and permitting by the City of Moorpark. 1 t 1 1 • Honorable Planning Commission June 17, 2003 Page 3 Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project 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 are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Findings The Planning Commission has original authority over tentative parcel maps. Action by the Planning Commission is final unless appealed to the City Council within ten (10) days of the Planning Commission's decision. Based upon the review and analysis of the project as proposed, staff recommends the following findings for the Planning Commission: A. The proposed map is consistent with the city's General Plan, in that the resulting lot sizes will be in keeping with the minimum sizes established by the Land Use Element of the General Plan. B. The desic#n and improvements of the proposed subdivision are consistent with the applicable General Plan, in that the rural character of the neighborhood as envisioned in the General Plan will be preserved. C. The site is physically suitable for the type of development proposed, in that the site has been prepared for residential development, will require minimal grading, and has adequate access and utility service. D. The site is physically suitable for the proposed density of development, in that the size of the pad area on the subject property is such that the creation of one (1) additional lot as proposed in this request can be accommodated without major alteration of existing terrain. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the site already exists in a disturbed /developed state, and the creation of one (1) additional lot as proposed in this request can be accommodated without major alteration of existing terrain. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that public sanitation services are available to the subject 000045 Honorable Planning Commission June 17, 2003 Page 4 property, and will be required to meet the current City standards. 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 no easements exist which will be adversely affected by the subdivision of land on the subject property. 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, in that no community sewer system exists or is proposed on the property. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that the subject property is situated in a hillside area away from natural drainage courses or other bodies of water. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects undeiZ 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). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Deemed Complete: May 9, 2003 Planning Commission Action Deadline: June 30, 2003 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. 000046 Honorable Planning Commission June 17, 2003 Page 5 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 cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and has found it to be Categorically Exempt in accordance with Section 15315 (Class 15) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECONIIENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2003- approving Tentative Parcel Map No. 5394 subject to conditions. ATTACHMENTS: , 1. Location Map 2. Tentative Parcel Map 3. Draft PC Resolution with Conditions of Approval 00004'7 ` F-- ------- ------7----------T------- � / | � ' ' ' | � � / / / / \] \\ City of Moorpark -Planning Division Location: 11820 Darlene Lane ' Location Map A 1 0 100 Feet PC ATTAC NT 1 000048 n4. (n, RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 5394 A SUBDIVISION OF A 2.028 -ACRE PARCEL LOCATED AT 11820 DARLENE LANE INTO TWO (2) PARCELS, ON THE APPLICATION OF LOUIS AND DIANE MIRAGLIA (ASSESSOR PARCEL NO. 511 -0- 010 -435). WHEREAS, on June 17, 2003, the Planning Commission held a duly noticed public hearing to consider the application of Louis and Diane Miraglia for Tentative Parcel Map No. 5394, the subdivision of a 2.028 -acre parcel at 11820 Darlene Lane into two (2) 1.014 -acre parcels. (Assessor Parcel No. 511 -0- 010 -435); 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; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of the California Environmental QualiX y Act (CEQA) pursuant to Section 15315 of the CEQA Guidelines as a Class 15 exemption for Minor Land Divisions. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. 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 Tentative Parcel Map No. 5394, with imposition of the attached Special and Standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the city's General Plan, in that the resulting lot sizes will be in keeping with the minimum sizes established by the Land Use Element of the General Plan. S: \Community Development \DEV PMTS \T P M \5399 Miraglia \PC Reso PD.doc PC ATTACHMENT 3 000050 Resolution No. PC -2003- Page 2 B. The design and improvements of the proposed subdivision are consistent with the applicable General Plan, in that the rural character of the neighborhood, as envisioned in the General Plan, will be preserved. C. The site is physically suitable for the type of development proposed, in that the site has been prepared for residential development, will require minimal grading, and has adequate access and utility service. D. The site is physically suitable for the proposed density of development, in that the size of the pad area on the subject property is such that the creation of one (1) additional lot, as proposed in this request, can be accommodated without major alteration of existing terrain. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the site already exists in a disturbed /developed state, and the creation of one (1) additional lot, as proposed in this request, can be accommodated without major alteration of existing terrain. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in �.; that public sanitation services are available to the subject property, and will be required to meet the current City standards. 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 no easements exist which will be adversely affected by the subdivision of land on the subject property. 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, in that no community sewer system exists or is proposed on the property. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that the subject property is situated in a hillside area away from natural drainage courses or other bodies of water. SECTION 2. PLANNING COMMISSION ACTION: The Planning Commission hereby approves Tentative Parcel Map No. 5394 subject oaoo!3l Resolution No. PC -2003- Page 3 to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. 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 - Special and Standard Conditions of Approval 000052 Resolution No. PC -2003- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR PARCEL MAP No. 5394 SPECIAL CONDITIONS 1. This approval is for a Parcel Map only. Any further development of the property will require the issuance of appropriate City permits. STANDARD CONDITIONS The following conditions shall be required of all projects: Please contact the PLANNING DIVISION for comp2lance with the following conditions: GENERAL 1. Tentative Parcel Map No. 5394 is approved as shown on the Map marked Attachment 2 on file in the Community Development Department, or as amended by these Conditions of Approval. The Conditions of Approval of this Tentative Parcel Map and all provisions of the Subdivision Map Act, City of" Moorpark Municipal Ordinance and adopted City policies 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 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 Parcel Map shall expire on June 18, 2004, at 5:00 p.m. (one (1) year from the date of its approval). At least 30 -days prior to the expiration of the Map, the subdivider may apply to the Community Development Department for a one (1) year time extension. 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 the subdivider can document that work has diligently been pursued toward map recordation during the initial period of time. 000053 Resolution No. PC -2003- Page 5 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 subdivider approves the settlement. C. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or Parcel Map is ultimately recorded with respect to the subdivision. 5. 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. 6. The Parcel Map shall be submitted in accordance with County Ordinance No. 3982 entitled, "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7.. Prior to recordation, the subdivider shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. 8. Prior to recordation, the subdivider shall pay all outstanding case processing (Planning and Engineering), and 000054 Resolution No. PC -2003- Page 6 all City legal service fees. The subdivider, applicant, permittee, or successors in interest shall also submit to the Community Development Department, a fee to cover costs incurred by the City for Condition Compliance review of the Tentative Parcel Map. LANDSCAPING AND FENCING PLANS 9. Prior to approval of the Parcel Map, the applicant shall submit a complete Landscape and Fencing Plan in conformance with the City of Moorpark Landscape Guidelines and policies. The Plan shall include, but not be limited to all specifications and details, landscape maintenance program, wall connection, at the applicant's expense, to existing property line fences and or walls on adjacent properties, proper vehicle sight distances. Review by the City's Landscape Architect and approval by the Community Development Director prior to issuance of the Zoning Clearance. 10. Prior to approval of the Parcel Map, all fences /walls along the subdivision boundary and lot boundaries shall be in place, unless the Community Development Director has approved an alternative installation program. 11. 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 and in accordance with an approved Landscape and Irrigation Plan. 12. 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. 000055 Resolution No. PC -2003- Page 7 Please contact the ENGINEERING DIVISION for compliance with the following conditions: GENERAL 13. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 14. The Developer shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping 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 improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. 15. The Developer 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 copform to Reuse Permit procedures administered by the County Water Resources Development Department. 16. Developer shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Developer shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. Copies of these approved permits shall be provided to the City Engineer. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Developer's responsibility -to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. 17. 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, 000056 Resolution No. PC -2003- Page 8 and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 18. The Developer 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. PARCEL MAP 19. The Developer shall submit to the Department of Community Development and the City Engineer for review a current title report (within 6 months), which clearly identifies all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 20. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 21. Prior to recordation, a Parcel Map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted for review by the City Engineer. 22. The Subdivider shall provide proof of physical and feasible access to the nearest public street and that the same private easement gives Developer the right to extend access to future owners. All said easements shall be provided to the satisfaction of the City Engineer, City Attorney and Community Development Director. 23. The land division shall make provisions to provide for extensions of all utilities, including maintenance and construction. 24. Prior to recordation, any lot -to -lot drainage easements and secondary drainage easements shall be delineated on the Parcel Map. Assurances 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 in a manner acceptable to the City Engineer. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners to maintain any private storm o0005 7 Resolution No. PC -2003- Page 9 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. 25. Prior to submittal of the Parcel Map to the City for review, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Parcel 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. GRADING 26. The Developer shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Developer shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 27. The importing or exporting of soils to or from the site is not allowed. 28. 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. 29. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 30. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 31. The maximum gradient for any slope shall not exceed 2:1 (horizontal to vertical). All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative 1111 Resolution No. PC -2003- Page 10 measures to the satisfaction of the Community Development Director and the City Engineer. 32. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 33. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two (2') feet of lift and 100 lineal feet of trench excavation. 34. Observe a 15 -mile per hour speed limit for the construction area. 35. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. 4 d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm or greater) as indicated at the Ventura County Air Pollution Control District (APCD) 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. 000059 Resolution No. PC -2003- Page 11 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. 36. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate Best Management Practices (BMP) for erosion control, no construction of any description shall occur during said rainy season unless a revised Storm Water Pollution Prevention Plan ( SWPPP) that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October lst and April 15th. During each year that the project is under construction, revised SWPPP shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 37. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Developer shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the Developer shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the Developer. in contracts, rent equipment and purchase materials to the extent needed to effectuate BMPs. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMPs. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is Resolution No. PC -2003- Page 12 forty percent (40 %) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 38. During clearing, grading, earth moving or excavation operations the Developer shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two (2) times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that shall be available for dust control at each phase of grading. b. Cease all clearing, grading, and earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Ventura County (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 39. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the Developer shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to 000061. Resolution No. PC -2003- Page 13 remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 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 SWPPP. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. 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 to the extent possible. 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 features shall comply with BMP 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. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. 000002 Resolution No. PC -2003- Page 14 f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 42. The Developer shall prepare a SWPPP to address construction impacts and long term operational impacts from the project on downstream facilities, environments and watersheds. The design shall include measures for irrigation and hydro seeding on all graded areas. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. The avoidance of the use of mechanical storm water treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Developer shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The SWPPP shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for rough grading. 43. The following mitigation 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 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays shall require pre- approval by the City Engineer and payment of a premium for City inspection services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work shall be done on Sundays and City 004063 Resolution No. PC -2003- Page 15 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 shall 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. GEOTECHNICAL /GEOLOGY 44. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the 111.• Resolution No. PC -2003- Page 16 geotechnical engineering report(s) by the City's Geotechnical Engineer shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 45. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). ACCESS 46. The Developer shall submit a copy of the site grading and drainage plan stamped and signed by the Fire Department noting that access is acceptable for fire fighting equipment. 47. The Developer shall provide plans certifying that the site has all weather access to the nearest public road in a manner acceptable to the City Engineer. DRAINAGE ; 48. The Developer 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 public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i. All storm drains shall carry a 100 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; 000065 Resolution No. PC -2003- Page 17 iii. 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; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" BMP drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative, the Developer shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through the Developer's use or maintenance failure of mechanical treatment facilities C. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. d. Drainage grates shall not be used in any public right - of -Way, private right -of -way or in any location accessible to pedestrians. e. All flows that have gone through flow attenuation and w 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 shall be privately maintained. Drainage 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, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. f. Developer shall demonstrate that developed storm water runoff shall not exceed pre - developed runoff. 1111.. Resolution No. PC -2003- Page 18 49. The Developer shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm and a finished floor elevation 1 foot minimum above the 100 -year flood occurrence. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 50. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 51. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. BMP landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 52. Prior to approval of plans for NPDES Facilities, the Developer shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 53. Improvement plans shall note that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks." The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 54. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer 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 000067 Resolution No. PC -2003- Page 19 Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). 55. Prior to Parcel Map approval, Developer shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive BMP to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. 56. The project construction plans shall state that the Developer shall comply with the "California Storm Water Best Management Practice Handbooks" - BMP applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. 3. b. The City shall require that "passive" devices and BMPs be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Developer/ Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. MISCELLANEOUS 57. All existing, relocated and new utilities shall be placed underground. 58. Prior to recordation of the Parcel Map, the Developer shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims which may result from any landslide, subsidence or other adverse geologic conditions that may occur at this site. 59. Prior to the issuance of a Zoning Clearance for a building permit As- Graded geotechnical report and rough grading lili.: Resolution No. PC -2003- Page 20 certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. PRIOR TO ZONING CLEARANCE FOR OCCUPANCY 60. A final grading certification shall be submitted to and approved by the City Engineer. 61. All permanent NPDES BMP facilities shall be operational. 62. Original "as built" plans shall be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" 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 shall be 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, lines and appurtenances and any other utility facility available for this project. 63. The Community Development Department and the City Engineer shall ensure that the conditions have been satisfied. SURETY BONDS 64. Prior to commencement of any phase of work under this Agreement, Developer shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Developer as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The Developer shall file with the City, security for the faithful performance of the Improvements to be constructed by Developer and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Developer shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. Resolution No. PC -2003- Page 21 65. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Developer under this Agreement shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of Developer. 66. Developer shall complete the Improvements no later than two years after start of work, but in any event prior to first occupancy. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. FINAL INSPECTION 67. The City Engineer or his /her duly authorized representative, upon request of Developer, shall inspect the Improvements. As the City determines improvements have been conAtructed in accordance with the provisions of this Agreement, City shall accept the improvements as complete. 68. Developer agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Developer agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. GUARANTEE OF IMPROVEMENTS 69. Developer shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. In the event any of the Improvements are determined to be defective within the time provided herein, Developer shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within 000070 Resolution No. PC -2003- Page 22 thirty (30) days after receipt of City's invoice. Should Developer fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before Developer can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Developer and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 70. Developer shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Developer shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 71. In the event that the Developer fails to perform any obligations hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 72. City may serve written notice upon Developer and Developer's surety of any breach of any portion of these conditions of approval for this Parcel Map regarding grading and construction of improvements prior to recording a Final Map and the default of Developer if any of the following occur: a. Developer refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified b. Developer fails to complete said work within the required time C. Developer is adjudged a bankrupt d. Developer makes a general assignment for the benefit of Developer's creditors e. A receiver is appointed in the event of Developer's insolvency 000011 Resolution No. PC -2003- Page 23 f. Developer or any of Developer's officers, agents, servants or employees violates any of the provisions of this Agreement. 73. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a Final Map for this parcel map, Developer's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Developer as may be on the site of the Work necessary therefore. Developer and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or egyity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 74. No waiver of any provision of the Conditions of Approval regarding grading and construction of improvements prior to recording a Final Map for this Parcel Map shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 75. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. 00007 2 Resolution No. PC -2003- Page 24 Please contact the FIRE DISTRICT for compliance with the following conditions: GENERAL 76. 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. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches. 77. 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. 78. Prior to recordation of the Parcel Map, the applicant shall provide the Fire District written verification from the water purveyor that it can provide the required fire flow of 1,000 gallons per minute at 20 pounds per square inch (psi) . 79. Within 7 -days of the recordation of the Parcel Map, a copy shall be provided to the Fire District. DEVELOPMENT REQUIREMENTS 80. Prior to occupancy address numbers shall be installed in accordance with_ Fire District and City of Moorpark standards. 81. Prior to the commencement of construction, the applicant shall submit plans' to the Fire District for placement of fire hydrants. The plans shall show existing hydrants within 500 feet of the development and indicate the type of hydrant, number and size of outlets proposed, if any. 82. Prior to combustible construction, fire hydrants shall be installed and operational. 83. Prior to occupancy of any structure, blue reflective hydrant location markers 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. 84. Prior to the issuance of a building permit plans for all fire sprinkler systems shall be submitted, with payment for plan check, to the Fire District for review and approval. O000 : 3 Resolution No. PC -2003- Page 25 85. Prior to the commencement of construction the applicant shall submit a phasing plan to the Fire District for review and approval. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 86. 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. 87. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water and sewer improvement plans in the required format. 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 Ventura County Fire Protection District.. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. 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. - END - 000074 ITEM: 8. C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo �� Prepared by: David A. Bobardt, Planning Mana 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. \ \mor_pri_sery \City Share \Community Development \DEV PMTS \G P A \2003 \ -03 High St & A St \Staff Reports \030617 PC Rpt.doc 000075 Honorable Planning Commission June 17, 2003 Page 2 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 High 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. lb 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. 000076 Honorable Planning Commission June 17, 2003 Page 3 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, ta= 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 00001r 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 RECOMMNDATIONS 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: s 1. Initial Study and Negative Declaration 2. Draft Planning Commission Resolution 1111 NEGATIVE DECLARATION 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: None. Trustee Agencies: None. Attachments: 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 SACommunity Development\DEV PMTS \G P A\2003103 High St 8 A St\Environmental\Proposed ND.doc 0000'79 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 S' nificant Impactor Potentially Significant Unless Mitig ate d, "as irxlicated 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 Transportationrrraific UtilitiWService Systems Mandatory Findings of Significance x 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: l - r' ; Reviewed by: r Date: e— 3— 200 ,7 Date: G O 1111.1 A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? 2) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or quality of the site and its surroundings? 4) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Circulation Element Amendment GPA 2003 -03 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X x 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 000081 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 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 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 wetlands as defined by Section 404 of the Clean Water Act (induding, 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 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 biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat 3 X X X X X X 000082 Potentially Significant Impact Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Circulation Element Amendment GPA 2003 -03 Less Than Significant Less Than With Significant No Mitigation 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) Strang seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? 2) Result in substantial soil erosion or the loss of topsoil? x x x x x 000083 Circulation Element Amendment GPA 2003 -03 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 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 3) Be located on a geologic unit or soil that is unstable, or X 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 X of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste 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 X environment through the routine transport, use, or disposal of hazardous materials? A. 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 000084 Circulation Element Amendment GPA 2003 -03 Less Than Potentially Significant Less Than Significant With Significant No impact mitigation Impact Impac 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? X 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 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 whichyvould 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: 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. 6 000085 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 kxal 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? X X X X 7 000086 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? E:3 X X X X X 00008 7 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 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 the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X X 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/TRAFFJC — 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)? 000088 9 Circulation Element Amendment GPA 2003 -03 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation ImDact Impact 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 000089 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 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: 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 flan 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. 1. 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 000090 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 ATTACHMENT 2 000091.. 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: 1. PASSED AND ADOPTED this 17th DAY OF JUNE, 2003. 0 ATTEST: Kipp A. Landis, Chair 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 s A St \Ordinances and Resolutions \030617 PC Reso.doc 000092 LEGEND • Inbrdw" ■ e4ow»e IM«..etbn ❑ N4nd. RR Craft ra SOr-Lane ArWW Four -We AMA4 —. RundCoNcbr LOaI Colwcbr Pnrparrd Deedon OR W I , / / / 00 000 00000 �p PgSI s�.1'\b l� a POINDEXTER ROAD } E. LOS p�IGE1 -ES A�NUE .�'. HIGH STREET ---------- - --- -- Z City of Moorpark Community Development Department O Exhibit A: Proposed Revisions to Circulation Element Highway Network O 9 ITEM: 8. D. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Joseph F. Fiss, Principal Plann DATE: June 5, 2003 (PC Meeting of 06/17/03) SUBJECT: Consider Zoning Ordinance Amendment Case No. 2003 -01: Deleting Chapter 5.88 of the Moorpark Municipal Code Regarding Home Occupations, Boutique Sales and Garage Sales and Amending Chapter 17.28.020(B) Regarding Home Occupations and Garage Sales BACKGROUND On June 4, 2003, the City Council directed the Planning Commission to study, consider, and make a recommendation on a proposed amendment to the Zoning Ordinance related to home occupations, boutique sales, and garage sales. Chapter 5.88 of the Moorpark Municipal Code (Attachment 1) was adopted in 1990 to regulate these uses in order to avoid nuisance impacts to residential neighborhoods. Over time, it has been observed by staff that components of these regulations could be streamlined while still protecting neighborhoods. Staff is recommending a number of amendments to address this issue and relocate these regulations to Title 17, the Moorpark Zoning Ordinance. DISCUSSION Changes to existing regulations are proposed for all three uses currently covered by Chapter 5.88: home occupations, boutiques sales, and garage sales. A draft resolution for Planning Commission consideration along with a proposed ordinance to delete Chapter 5.88 and amend Section 17.28.020(B) of the Moorpark Municipal Code is included in Attachment 2. Home Occupations - The existing ordinance identifies a complex application process that involves notifying "affected property owners, as defined on the assessor's parcel map(s) by the community development director or his designee as the area of concern." It \ \mor _pri_sery \City Share\Community Development \DEV PMTS \Z O A \2003 \01 HOP \Agenda Reports \pc 030617.doc 000094 Honorable Planning Commission June 17, 2003 Page 2 is a rare occasion when a neighbor expresses any concern with a proposed home occupation, given the existing limits on the types of businesses that may be operated out of a residence. Eighteen (18) criteria governing the permitted activities under a Home Occupation Permit are proposed in the Draft Ordinance. With these criteria, a home occupation would not be readily identifiable to neighbors and the notification process would not be necessary. Any disruption to the neighborhood would be a violation of the permit and the permit would be subject to revocation by the Community Development Director. Boutique Sales - A boutique sale involves small handcrafted items sold from a residence up to three (3) times a year. A boutique sale is so similar to a garage sale, that there should not be a separate set of regulations. Should a boutique sale be proposed that extends beyond the scope of a garage sale, an applicant would have the opportunity to apply for a Temporary Use Permit, which allows the Community Development Director significant discretion in applying conditions of approval. Given these circumstances, the entire Boutique Sale section is proposed to be deleted and addressed by garage sale regulations. Garage Sales - The City has never required permits for garage sales, but ha; established performance criteria for them. The major proposed change to this section relates to hours of operation. The hours of operation would be similar to allowed hours for constructipn in the Noise Ordinance, which are from seven a.m. to seven p.m. The maximum allowable size of off -site signs has been reduced from six (6) square feet (2' by 3' maximum), to four (4) square feet (2' by 2' maximum). The maximum number of allowable off -site signs is proposed to be reduced from eight (8) to six (6). 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. \ \mor _pri_sery \City Share \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Agenda Reports \pc 030617.doc 000095 Honorable Planning Commission June 17, 2003 Page 3 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 reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECObWENDATIONS 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. 2003 -01. Attachments: 1. Chapter 5.88, Moorpark Municipal Code. 2. Draft Resolution Recommending City Council Approval of Proposed Changes to Regulations of Home Occupations, Boutique Sales, and Garage Sales. \ \mor _pri_Serv\City Share \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Agenda Reports \pc 030617.doc 0 0 0 0 Q 6 Chapter 5.88 HOME OCCUPATIONS, BOUTIQUE SALES AND GARAGE SALES Sections: 5.88.010 Definitions. 5.88.020 Criteria and limitations for home occupations, boutique sales and garage sales. 5.88.030 Revocation. Section 5.88.010 Definitions. A. "Home occupation" means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part. B. 'Boutique sale" means a sale from a residence or residential property of small handcrafted items. These items may include, but are not limited to, the following: items produced by sewing, needlework, ceramics and woodworking. C. "Garage sale" means a sale from a residence or residential property of personal property which has been owned or used previously by an individual or resident residing on the premises where the sale is conducted. A yard or patio sale shall be included within the definition of "garage sale." The term "garage sale" shall not include the mere incidental sale of one or two items of personal property when such sale shall not be a part of a general sale of items of personal property. (Ord. 141 § 1 (part), 1991: Ord. 126 § 1 (part), 1990) Section 5.88.020 ' Criteria and limitations for home occupations, boutique sales and garage sales. A. Application Processing. 1. Home occupations* shall be permitted in all residential zones, provided the home occupation is approved by the director of community development as a valid use and conforms with the following criteria and conditions as they pertain to the permit: a. The applicant(s) shall provide a letter of intent which explains the proposed home occupation and any potential impact on adjacent properties or the neighborhood. b. The letter of intent shall be submitted to the community development department with pre - addressed business envelopes and adequate postage which will be mailed by the department of community development to the affected property owners, as defined on the assessor's parcel map(s) by the community development director or his designee as the area of concern. c. The property owner recipients of the letter of intent shall have ten (10) days in which to submit a written response to the proposed home occupation. The community development director shall evaluate the written responses and shall either issue the permit or determine that the application for a home occupation permit shall be heard by the planning commission. d. A home occupation permit processing fee established by city council resolution shall be paid at the time the letter of intent, or the request for renewal is submitted. This processing fee shall be refunded only if the initial permit request is denied. The permit is valid for a period of five (5) years, unless it is revoked due to one of the following: Nonapproved changes to the home occupation have occurred, expiration of, or failure to secure, a business registration permit or license when applicable, or for any other reason set forth in Section 5.88.030 of this chapter. PC ATTACHMENT 1 000097 e. The home occupation permit shall be subject to renewal after five years, in conjunction with the required city yearly business registration or license when applicable, for that year. Any request for renewal shall be submitted prior to the expiration of the existing permit. The processing fee shall not be refunded if the request for renewal is denied. f. All home occupation permits issued prior to July 1, 1991, shall be subject to renewal three weeks prior to their next expiration date of their current business registration. The current home occupation permit fee shall be paid at time of the request for renewal, but shall be refunded if the request for renewal is denied. g. A home occupation permit shall be required of any person conducting a business from a home. For the purpose of this section, conducting a business shall be defined as including one or more of the following: i. A home used to conduct business through electronic media such as computers, telephones, facsimile machines, etc. related to the occupation in which the person is engaged. Said occupation may be commercial, industrial or professional dealings. ii. The home is listed as the address for which an occupation takes place. iii. The home address is used for reporting purposes to the State Franchise Tax Board, Internal Revenue Service or any other state or federal business regulatory agency. 2. Boutique sales shall be permitted in all residential zones, provided the boutique permit is approved by the director of community development as valid and conforming with the following criteria and conditions as they pertain to the permit: a. The applicant(s) shall provide a copy of their sellers permit issued by the California State Board of Equalization, and shall complete an approved business registration permit. After the city has received a copy of the seller's permit and an approved business registration permit, a standard zoning clearance will be issued to the applicant(s). The applicant(s) shall be required to pay the standard fee for the business registration permit and zoning clearance. 3. Garage sales shall be permitted in all residential zones, provided the garage sale is valid and conforming with the criteria and conditions identified in this chapter. No application processing is required. The city shall, however, monitor garage sales to ensure compliance with the criteria and limitations identified in subsection (B) of this section. B. Permit Criteria and Limitations. 1. Home Occupations a. The carrying on of any business within the home shall be as a secondary use. b. If the residence is not owner - occupied, the resident must provide written permission from the property owner to conduct a home occupation. c. No accessory structure shall be used for home occupation purposes. d. No more than one (1) employee, other than residents, shall be permitted per permit. e. The use shall not generate pedestrian or vehicular traffic beyond that normal to the zoning district in which it is located. f. No identifiable commercial vehicle over five thousand (5,000) pounds gross weight in connection with the home occupation shall be permitted as limited by Section 10.04.300. g. No more than one (1) identifiable commercial vehicle five thousand (5,000) pounds gross weight or less in connection with the home occupation shall be permitted. h. The home occupation shall not involve the use of signs, merchandise, products or other material or equipment to be displayed for advertising purposes. i. No outside storage of materials shall be permitted, and no storage of equipment shall be maintained on the property as it relates to construction or similar occupations. j. No use shall be permitted which, by reason of color, design, materials, construction, lighting, signs, noise or vibrations, alters the residential character of the premises, or which unreasonably disturbs the peace and quiet of the surrounding residents. k. Any home occupation authorized by the home occupation permit shall be limited to no more than twenty percent (20 %) of the gross floor area of the residence. Related materials and \ \mor_pri_sery \City Share \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Ord 000098 Reso \5.88.doc supplies shall be stored only in the designated area approved by the director of community development. 1. The home occupation permittee shall possess a valid Moorpark city business registration permit or license, which shall be renewed annually. m. Only one (1) home occupation permit may be issued for any residence. A permit may have two (2) home occupations so long as both home occupations are conducted by the same person(s) who has received the permit and based upon the following criteria: i. All the regulations stated within this chapter shall regulate each of the two (2) home occupations. Said regulations shall apply singularly and not cumulatively to both home occupations; ii. An additional fee, as established by resolution of the city council, shall be charged for the second home occupation. n. There shall be no storage of flammable, toxic, hazardous, combustible materials indoors or outdoors, including, but not limited to, gasoline, solvent or gun powder for purposes other than permitted in the zoning district. o. The garage, carport, or accessory structures shall not be used for home occupation purposes. There shall be no storage in the garage, carport or dwelling of any materials or supplies not recognized as being part of normal household or hobby use. p. The use shall not be such as to create excessive demand for municipal or utility services or community facilities beyond those actually and customarily provided for residential uses. q. There shall be no use on the premises of material or mechanical equipment not recognized as being part of normal household or hobby use. r. The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under the Moorpark zoning code, shall be prohibited. s. Other specific conditions that may be deemed necessary by the director of community development or planning commission may be imposed. 2. Boutique Sales. a. No more than three (3) boutique sales shall be conducted on the premises in any calendar year; provided, however, a fourth sale shall be permitted if satisfactory proof of a bona fide change in ownership of reaLproperty is first presented to the director of community development or his duly authorized representative. No single sale event shall be conducted for longer than three (3) consecutive days. Boutique sales shall not be held for more than two (2) consecutive weekends. Each weekend that sales are conducted constitutes a single sale event. Boutique sales are conducted between the hours of nine a.m. and six p.m., with the exception that one (1) evening during the week a boutique sale may be conducted until nine p.m. b. Property offered for sale at a boutique sale may be displayed on a driveway, in a house, and/or in a rear yard, but only in such areas. No property offered for sale at a boutique sale may be displayed in any front yard (except paved driveway) or in any public right -of -way. c. A maximum of eight (8) off -site directional signs, not to exceed eighteen (18) inches by twenty -four (24) inches, shall be permitted. Written permission to erect signs on private property shall be obtained from the property owners of the site where such signs are to be placed. This written authorization shall be provided to the city upon request. Signs may be displayed only during the hours the boutique sale is actively being conducted and shall be removed at the close of the sale activities each day. No signs shall be placed on utility poles or in the public right -of- way. d. A nonprofit organization or association of persons may conduct a boutique sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying the three (3) sales per year limitation set forth in subsection (a) of this section. e. No boutique sale shall be held so as to include more than one residence or parcel at the \ \mor_pri_sery \City Share \Community Development \DEV PMTS \Z 0 A \2003 \01 HOP \Ord D() O U s 9 Reso \5.88.doc site of the sale without first obtaining approval from the director of community development or his authorized representative. In granting an approval for a boutique sale encompassing more than one residence or parcel, the director of community development may impose reasonable conditions consistent with the policies of this section. f. A boutique sale may be held at a church, school, or community center facility, subject to the approval of a zoning clearance by the director of community development or his authorized representative. g. The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under the Moorpark zoning code, shall be prohibited. 3. Garage sales. a. No more than three (3) garage sales shall be conducted on the premises in any calendar year; provided, however, a fourth sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the director of community development or his duly authorized representative. No single sale event shall be conducted for longer than three (3) consecutive days. Garage sales shall not be held for more than two (2) consecutive weekends. Each weekend that sales are conducted shall constitute a single sale event or seventy- two (72) hours, whichever is the lesser. Garage sales shall be conducted between the hours of nine a.m. and six p.m. b. Property offered for sale at a garage sale may be displayed on a driveway, in a house, and/or in a rear yard, but only in such areas. No property offered for sale at a garage sale may be displayed in any front yard or in any public right -of -way. c. A maximum of eight (8) off -site directional signs, not to exceed two (2) feet by three (3) feet, shall be permitted. Written permission to erect signs on private property shall be obtained from the property owners of the site where such signs are to be placed. This written authorization shall be provided to the city upon request. Signs may be displayed only during the hours the garage sale is actively being conducted and shall be removed at the close of the sale activities each day. No sign shall be placed on utility poles or in the public right -of -way. d. A nonprofit organization or association of persons may conduct a garage sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per ygar without such sale being deemed one chargeable to the premises in question for the purpose of applying the three (3) sales per year limitation set forth in subsection (a) of this section. e. No garage sale shall be held so as to include more than one residence or parcel at the site of the sale without first obtaining approval from the director of community development or his authorized representative. In granting an approval for a garage sale encompassing more than one residence or parcel, the director of community development may impose reasonable conditions consistent with the policies of this section. f. The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under the Moorpark zoning code, shall be prohibited. (Ord. 158 § 1 (part), 1992; Ord. 141 § 1 (part), 1991; Ord. 126 § 1 (part), 1990) Section 5.88.030 Revocation. A home occupation or boutique permit granted in accordance with the provisions of this chapter may be terminated if the director of community. development makes any of the following findings: A. A condition of the home occupation permit or boutique sale permit has been violated; B. The use has become detrimental to the public health, welfare and safety; is resulting in a significant traffic impact; or constitutes a nuisance; C. The home occupation permit or the boutique sale permit was obtained by \ \mor_pri_sery \City Share \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Ord ©��o0 Reso \5.88.doc misrepresentation or fraud; D. The use for which the home occupation permit was granted has ceased for six (6) months or more. (Ord. 141 § 1 (part), 1991; Ord. 126 § 1 (part), 1990) \ \mor _pri_sery \City Share \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Ord and n Reso \5.88.doc 0001.02 RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2003 -01: AN ORDINANCE TO DELETE CHAPTER 5.88 AND AMEND CHAPTER 17.28 OF THE MOORPARK MUNICIPAL CODE RELATED TO HOME OCCUPATIONS, BOUTIQUE SALES AND GARAGE SALES WHEREAS, on June 4, 2003 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 home occupations and garage sales; and WHEREAS, at its meeting of June 17, 2003, the Planning Commission conducted a duly- noticed public hearing to consider Zoning Ordinance Amendment No. 2003 -01: a proposed ordinance for the deletion of Chapter 5.88 and amendment to Chapter 17.28 (Exhibit A) of the Moorpark Municipal Code pertaining to home occupations and garage sales; 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; and* WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is exempt from the provisions of the California Environmental Quality Act (CEQA) under the general rule that CEQA does not apply to projects with no potential for causing a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The proposed amendments to Chapter 17.28 of the Moorpark Municipal Code are consistent with the City's General Plan, in particular Land Use Element policies 1.1 which calls for orderly residential development. PC ATTACHMENT 2 000102 Resolution No. PC -2003- Page 2 SECTION 2. RECOMMENDATION: The Planning Commission recommends to the City Council adoption of an ordinance to delete Chapter 5.88 and amend Chapter 17.28 of the Moorpark Municipal Code (Exhibit A). SECTION 3. 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. 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: Draft Ordinance S: \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Ord and Reso \PC 030617 HOP Reso.doc 000103 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2003 -01, AMENDING CHAPTER 17.28 OF THE MOORPARK MUNICIPAL CODE RELATED TO HOME OCCUPATIONS AND GARAGE SALES AND DELETING CHAPTER 5.88 OF THE MOORPARK MUNICIPAL CODE RELATED TO HOME OCCUPATIONS, BOUTIQUE SALES AND GARAGE SALES WHEREAS, on June 4, 2003, 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 home occupations and garage sales; and WHEREAS, at its meeting of June 17, 2003, the Planning Commission adopted Resolution PC -2003- recommending to the City Council approval of Zoning Ordinance Amendment No. 2003 -01 a proposed ordinance for the deletion of Chapter 5.88 and amendment to Chapter 17.28 of the Moorpark Municipal Code (Exhibit A) pertaining to home occupations and garage sales; and WHEREAS, at its meeting of , 2003, the City Council conducted a duly-noticed noticed ublic hearing to consider �:`* Y- P g Zoning Ordinance Amendment No. 2003 -01; and WHEREAS, at its meeting of r 2003, the City Council considered 'the agenda report, any supplements thereto, and the recommendation of the Planning Commission; opened the public hearing; received written and oral public comments; closed the public hearing; and reached a decision on this matter; and WHEREAS, the City Council concurs with the determination of the Planning Commission and Community Development Director that this project is exempt from the provisions of the California Environmental Quality Act (CEQA) under the general rule that CEQA does not apply to projects with no potential for causing a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.88 of Title 5, Business Taxes, Licenses and Regulations, of the Moorpark Municipal Code is hereby deleted in its entirety. PC RESOLUTION EXHIBIT A 000104 Ordinance No. Page 2 SECTION 2. Chapter 17.28.020(B) "Home Occupations" of Title 17, Zoning, of the Municipal Code of the City of Moorpark is hereby amended as shown in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Amendments to Chapter 17.28.020(B)(Underline /Strikeout) 000105 Chapter 17.28.020 B Home QGGUpatiOnS. See GhapteF 5.88 Home Occupations and Garage Sales 1. Home Occupation Requirements. A home occupation is the interior and incidental use of a dwelling, in all residential zones and in the residential portion of specific plans, for business purposes with a valid home occupation permit meeting all of the requirements of this section. a. Application. An application for a home occupation permit shall be filed with the community development director on forms prescribed by the community development director along with the fee established by city council resolution. b. Approval criteria. The community development director shall approve an application for a home occupation permit that meets the following criteria: i. The applicant shall be the home owner, or in the case of a rental housing unit, the applicant shall provide a signed owner's statement that the proposed home occupation is allowed under the rental agreement. ii. Accessory structures shall not be used for home occupation purposes. iii. Persons other than residents of the property shall not be engaged on the Property in the home occupation. iv. The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the zoning district in which it is located. V. Customer services or sales of goods, wares or merchandise on -site shall not be _permitted, except by mail or electronic communication. Instruction, tutoring or teaching of a maximum of three students per session and /or six students per day, whichever is more restrictive shall be allowed. The community development director may make allowances for single events having more than the maximum of six students per day and /or three students per session. A. Commercial vehicles, having a specific manufacturer's gross weight rating of ten thousand (10,000) pounds or more in connection with the home occupation, shall not be permitted as limited by Section 10.04.300 — Commercial Vehicles in Residential Areas. vii. A maximum of one (1) commercial vehicle in connection with the home occupation shall be permitted. viii. The use of signs, merchandise, products or other material or equipment displayed for advertising purposes shall not be permitted. ix. Outdoor storage of materials and /or supplies or other outdoor activity related to the home occupation shall not be permitted. X. Uses, by reason of color, design, materials, construction, smoke, dust, fumes, odors, glare, lighting, noise or vibrations, that alter the residential character of the dwelling, or unreasonably disturb the peace and quiet of the surrounding area shall not be permitted. OQ010G A. The home occupation shall be limited to no more than ten percent (10 %) of the gross floor area of the residence. Related materials and supplies shall be stored only in the designated area approved by the community development director. No structural alterations shall be permitted within the dwelling unit to separate any area used for a home occupation from the dwelling space. No area used for a home occupation shall be subleased or rented to another party. xii. A valid Moorpark city business registration permit or license shall be required.. xiii. There shall be no storage of flammable, toxic, hazardous, combustible materials indoors or outdoors, including, but not limited to, -gasoline, solvent or pun powder for pumoses beyond those normally used for normal household purposes. xiv. The garage, carport, or accessory structures shall not be used for home occupation purposes. There shall be no storage in the garage, carport or dwelling of any materials or supplies not recognized as being part of normal household or hobby use. xv. The home occupation shall not create excessive demand for municipal or utility services or community facilities beyond those customarily provided for residential uses. xvi. There shall be no on premise use of material or mechanical equipment not recognized as being part of normal household or hobby use. xvii. The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under Title 17 of the Moorpark Municipal Code, is- prohibited. C. Conditions. In granting a home occupation permit, the director may impose R issuance of a home occupation permit. d. Duration of permit. Unless otherwise specified, the home occupation permit shall be valid for five years from the date of issuance. The permit may be renewed after five -years filing an application for renewal and by paying the required fee. Requests for renewal shall be submitted prior to the expiration of the existing permit. e. Revocation of permit. A home occupation permit may be revoked if the community development director makes any of the following findings and notifies the applicant in writing: i. A condition of the home occupation permit has been violated: ii. The use has become detrimental to the public health, welfare and safety' is resulting in a significant traffic impact: or constitutes a nuisance: iii. The home occupation permit was obtained by misrepresentation or fraud: iv. The use for which the home occupation permit was granted has ceased for six (6) months or more. \ \mor_pri_sery \City Share \Community Development \DEV PMTS \2 O A \2003 \01 HOP \Ord and Reso \ORDO01O7 EXHIBIT A_doc 2. Garage Sales Requirements. Garage sales shall be permitted in all residential zones, provided the sale conforms to the criteria and conditions identified in this chapter. No application shall be required. The city shall, however, monitor garage sales to ensure compliance with the following criteria and limitations. a. No more than three (3 ) garage sales shall be conducted on the premises in any calendar year; provided, however, a fourth sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the community development director. A minimum of 5 days must pass between individual sale events. No single sale event shall be conducted for longer than three (3) consecutive days. Garage sales shall not be held for more than two (2) consecutive weekends. Garage sales shall be conducted between the hours of seven a.m. and seven p.m. b. Property offered for sale at a garage sale may be displayed on a driveway, in a house, and /or in a rear yard, but only in such areas. No property offered for sale at a garage sale may be displayed in any front yard or in any public right -of -way. C. A maximum of SIX (6) off -site directional signs, not to exceed two (2) feet by two (2) feet, shall be permitted. Written permission to erect signs on private property shall be obtained from the property owners of the site where such signs are to be placed. This written authorization shall be provided to the city upon request. Signs may be displayed only during the hours the garage sale is actively being_ conducted and shall be removed at the close of the sale activities each day. No signs shall be placed on utility poles or in the public right -of -way. d. A nonprofit organization or association of persons may conduct a garage sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying the three (3) sales per year limitation set forth in subsection (a) of this section. e. No garage sale shall be held so as to include more than one residence or parcel at the site of the sale without first obtaining approval from the community development director. In granting an approval for a -garage sale encompassing more than one residence or parcel, the director may impose reasonable conditions consistent with the policies of this section. f. The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under the Chapter 17.04 of the Moorpark Municipal Code, shall be prohibited. \ \mor_pri_sery \City Share \Community Development \DEV PMTS \Z O A \2003 \01 HOP \Ord and Reso\ ()ILob EXHIBIT A.doc ITEM: 8. E. 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, 000109 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 entitlement process. Almost all of the entitlement applications remain 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. S: \Community Development \DEV PMTS \Z 0 A \2002 \05 Entitlement \Staff Reports \PC 030617.doc 0 0 01 lo Honorable Planning Commission June 17, 2003 Page 3 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. ENVIROIWMAL 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 S: \Community Development \DEV PMTS \2 0 A \2002 \05 Entitlement \Staff Reports \PC 030617.doc 000111 Honorable Planning Commission June 17, 2003 Page 4 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 4 S: \Community Development \DEV PMTS \Z 0 A \2002 \05 Entitlement \Staff Reports \PC 030617.doc 0 Q v IL1 2 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 1 Planning commission- approved planned development permit City council- approved planned development permit i 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 000113 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: 000114 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 (l8) 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 4aylight 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 pursuar;i 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 -I 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 000115 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 00011G 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. Over 1,000 to 5,000 sq. ft. ♦ ♦ O Over 5,000 to 20,000 sq. ft. ♦ ♦ O Over 20,000 to 100,000 sq. ft. O O Over 100,000 sq. ft. O O Apiculture Fish farms O O O O O More animals 'than are permitted by Section 17.28.030C O O O Contractors service and storage yards and buildings O O O Crop production Wholesale nursery ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ O Firewood operations O O O Greenhouse, hothouses and the like: total GFA per lot:2 Up to 1,000 sq. ft. 1,000 to 20,000 sq. ft. 1 ♦ 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 I lot:3 Up to 5,000 sq. ft 5,001 to 20,000 sq. ft. • • O 00011G EXISTING ZONING ORDINANCE 20,001 to 100,000 sq. O O O ft. Over 100,000 sq. ft. O Timber growing and harvesting, and compatible uses Dwellings, farm worker (more than O O O one per lot Wineries Up to 2,000 sq. ft. structure 2,001 to 20,000 sq. ft. O O O structure Over 20,000 sq. ft. structure O O O With ublic tours or tasting rooms O O O Accessory structures To animal husbandry: SEE WITH STRUCTURES, ABOVE Dwelling, caretaker O O O More than O O O one per lot Offices O O O To crop production, including SEE GREENHOUSE storage Dwelling, farm O O O worker: On lots of 40 acres or more On lots less O O O than 40 acres More than O O O one per lot 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, O O O O O private Animals, nonagricultural (see also SEE ANIMAL HUSBANDRY Dwellings, accessory uses and structures)' Kennels O O 10 Wild animals O Boardinghouses and bed - and - breakfast O O O O O O inns 00011'7 EXISTING ZONING ORDINANCE Care facilities (see also H &SC and W &IC Day: Care of 12 or fewer persons (State law requirement related to day care facilities for 7-12) Care of 13 or more persons O O O O O O O Intermediate: Care of 7 or O O O O O O more persons see defmitions Residential: Care of 6 or ♦ ♦ ♦ ♦ ♦ ♦ ♦ • fewer persons Care of 7 or more persons O O O O O O Cemeteries O O O O O O O O Accessory crematoria, 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 nonconforthin Affordable or elderly, built pursuant to Chapter 17.64 Dwellings, two- family, or two single- family dwellin s4 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 dwelling2 ■ ■ ■ ■ ■ ■ ■ ■ Room additions ■ ■ ■ ■ ■ ■ ■ ■ Not for human habitation with or without bathroom): 000118 EXISTING ZONING ORDINANCE Second story ■ ■ ■ ■ ■ ■ ■ ■ patio/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/ nies Horses/ponies ♦ ♦ ♦ ♦ ♦ O Pet animals More animals than are O O O O O O O permitted by Section 7.28.030C Wild animals O 10 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 10 O 10 O O O Correctional institutions O Fire stations O 00 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 I I 1 10 O Hospitals for large animals O 1 1 1 1 1 1 1 O 000119 EXISTING ZONING ORDINANCE Libraries O O O O O O O Mineral resource development O O O Mining and accessory uses 2 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; 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 period )"2 Pipelines and transmission lines, O O O O O O O O O O aboveground2 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 Campgrounds O O 10 1 O Community centers O O O O 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 golf Parks ♦ O ♦ ♦ ♦ ♦ ♦ • O With buildings O O O O O O O O O Periodic outdoor sporting ? O events Recreational vehicle O O O arks2 Recreation projects, city - initiated Caretaker recreational vehicle, accessory, Retreats': Without sleeping O O O facilities With sleeping O O O O facilities 1 000120 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 O O O O O O O O Notes for Table 17.20.050: 1. See also Section 17.20.040. 4:..' 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 El City council- approved planned development permit O Planning commission- approved conditional use permit O City council- approved conditional use permit 0 Administrative permit required 000121 EXISTING ZONING ORDINANCE ❖ Temporary use permit Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES 000122 CO Cl C2 CP D M 1 M2 I C -OT Airfields and landing ads and strips, private O O O Airports O O Alcoholic beverage' 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 defmitions in Ch. 17.08 • O • Amusement parks and carnivals O O Arcades O O Batting cages and golf driving ranges, indoor O O Bicycle racing tracks, outdoor O O Health club/ gymnasium see definitions • • O Martial arts and dance studios • • O Motion ptcture theaters, outdoor drive -in O 1 1 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 fmancial 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 Da • • 10 • • 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 O O O Crematoria, accessory O O O Churches, synagogues and other buildings used for religious worships O • • O O O Clubhouses O • O O O O With alcoholic beverages • O O O O 000122 EXISTING ZONING ORDINANCE Club ro ects, temporary outdoor O O O O Communications facilities O O O O O O O Radio and television broadcasting stations O • • O O Conference center /convention center O O Contractor service and storage yards and buildings • Crop production Firewood operations O O Uses and structures, accessory Dwelling, farm worker (maximum one per lot O O Fuel storage Offices 10 O Packing, preliminary processing, or storage of crops: Without structures° Produce stands, retail Dog and cat grooming • O Dressmaking and tailor shops • Drilling, temporary eolo is (testing only) O O Dwelling for superintendent or owner Dwelling, caretaker O Education and training Colleges and universities O • O Schools: Elementary and secondary (nonboarding Onl 2,3 • • • • 0 O Schools: Professional, vocational, art, craft and self- improvement O O • • O Energy production from renewable sources O O Festivals and similar events, temporary outdoor O O Government buildings, exchiding 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 10 Health club/ gymnasium see definitions • Health services such as professional offices and outpatient clinics • • • O O Ambulance services O 1 • • 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 10 • rL—aundry service laundromats 000123 EXISTING ZONING ORDINANCE Laundry service (light) • 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 Furniturg 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 • • 000124 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 • • TranspoEtation 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 ri od ''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 Photocopy/quick printers • Photofinishing 1 -hour photo) • Pipelines and transmission lines, aboveground O O O O 000125 EXISTING ZONING ORDINANCE Produce stands, retail ♦ 10 Propulsion (engine) testing Public utility facilities 4 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 SEE PRINCIPAL USE O O • Electrical and electronic machinery and equipment Repair of products retailed • • Heavy machinery repair, including trucks, tractors and buses Salvage yards, including automobile wrecking yards • Instruments, including musical instruments Service establishments • • Office, computing and accounting machines Business see definitions • • • • Photographic and optical goods Auction halls, not involving livestock • • O O Repair of personal goods such as jewelry, shoes and saddlery O • • O O Restaurants, cafes and cafeterias O Exhibits, building of • Restaurants, cafes and cafeterias temporary outside eating O • • • • • 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 O O Mail order houses nonstore • • Motor vehicle, mobilehome, recreational vehicle and boat dealers' O Nurseries O Uses and structures, accessory SEE PRINCIPAL USE Outdoor sales and services, temporary (see definitions Repair of products retailed Salvage yards, including automobile wrecking yards Service establishments Business see definitions • • • Auction halls, not involving livestock O O • O Disinfecting and exterminating services O O O O Exhibits, building of • • O Sign painting and lettering shops 10 • • Personal see definitions ) 10 000126 EXISTING ZONING ORDINANCE Signs (See also Section 17.20.040 and Chapter 17.40) Freestanding off -site advertising signs O Swap meets O O O O Taxidermy • Transportation services (see definitions ) O • Bus and train terminals 10 1 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, accesso SEE PRINCIPAL USE Dwelling, for superintendent or owner O O O O Dwelling, caretaker O O Game machines: three or fewer Recreational facilities, restaurants and cafes: for employees only • • Retail sale of products manufactured on -site Temporary buildings during construction Vaccination clinics, temporary, for pet animals Veterinary clinics, pet animals only' O O Warehousing and storage, including ministora e • • Automobile impound yards; dead storage of trucks, buses and the like Building materials, movers' equipment and the Iike: indoor y • • 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 O O O Zoological gardens, animal exhibits and commercial aquariums O O Notes for Table 17.20.060: 1. There are specific regulations for this use; see Chapter 17.28. 2. If there is an existing planned development permit for the site, the school facility could be permitted by approval of a modification to the existing permit. 3. For M -1, M -2 and C -O zones, a school facility would only be permitted where 000127 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) 000128 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 Q00129 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 principalresidence is being made. Said mobilehome or recreational vehicle shall be connected to the permanent water supply and sewage disposal system approved by the Ventura County environmental health division for the structure under construction. Within forty - five (45) days after a clearance for occupancy is issued by the city division of building and safety, any such recreational vehicle shall be disconnected from such systems and cease being used as a dwelling, and any such mobilehome shall be removed from the site. A temporary mobilehome or recreational vehicle may be accessory to construction on adjacent lots under the same ownership as the lot on which the mobilehome or recreational vehicle is installed. A bond or cash deposit shall be required in the amount to cover removal of the temporary mobilehome prior to receiving city approval for the placement of the temporary dwelling. The amount of the deposit shall be determined by the director of community development. E. Model Homes/Lot Sales. Model homes, or a temporary office, for the limited purpose of conducting sale only of lots or dwellings in the subdivision, or dwellings of similar design in another subdivision in the vicinity may be permitted, subject to the following provisions: 1. The model homes or lots sales are part of an approved tentative map. 2. Road plans shall be submitted to the public works department for approval. F. Open Storage. 1. There shall be no open storage in any front or street -side setback, or in an area three (3) feet wide along one (1) side lot line. 2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed an aggregate area of two hundred (200) square feet. On lots greater in area than twenty thousand (20,000) square feet, the aggregate area shall not exceed one percent (I%) of the total lot area, up 000130 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 defmition 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 Qf 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 hun,Iired 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. 000131 EXISTING ZONING ORDINANCE f. The second dwelling shall not be sold as a separate unit, but it maybe 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 (Gxl) 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 000132 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 4the 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 000133 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 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. 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 000134 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 .05 Racing pigeon .05 animals: 1 unit per 10,000 sq. ft. of total lot Goat, female .33 area. .16 R -E 10,000 sq. ft. 2 units plus 1 unit per 20,000 sq. ft. of total lot area.° 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. 000135 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 000135 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) 000136 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 00013'7 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. 'fie 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 000138 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. Obstructign 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 Equiprgent. 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, 000139 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. 000140 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 000141 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 000142 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)(14)(b) of this section shall also be considered a waiver applicable to subsections (F)(I 6), (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 oily 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 000143 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 000144 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 000145 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 000146 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)(l3) 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 gubject 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; 00014'7 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 lii ': 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 000149 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 31st 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. 000150 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 (13)(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. 000151 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 17.32.010FF. (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: 000152 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: 000153 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) 000154 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 § I (part), 2001) 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), 2001) 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 000155 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 thgee 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 000156 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. T) at 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 structgres 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; 00015'7 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, Iandscaping 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: 000158 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. 000159 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 inccLmpleteness. 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. 1. 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 000160 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 controllgd 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. 000161 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 parce](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 ofthis 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 000162 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 - malting 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. 000163 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 § l (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 000164 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. Toe 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 teen 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 000165 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. 000JLGG 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 PC ATTACHMENT 4 000IG 7 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), 2001) 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), 2001) 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 pran 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 111 .: 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. Tie 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) 111 � 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 PC ATTACHMENT 5 000170 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 § 1(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) 001 I 1 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 000112 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 w 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. 0001 73 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 ATTEST: Barry K. Hogan Community Development Director DAY OF , 2003. Kipp A. Landis, Chair Exhibit "'A ": Amended Chapter 17.20 Exhibit "B ": Amended Chapter 17.28 Exhibit "C ": Amended Chapter 17.44 0001: 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 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. Approval of uses by discretionary permit are subject to conditions which, in the opinion of the decision - making authority, would make the uses compatible with the area in which they are located. 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. „ „ o0as;s EXHIBIT A PROPOSED ZONING ORDINANCE AMENDMENT Section 17.20.050 Permitted uses in open space, agricultural 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 residential planned development permits. 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 section 17.28.070 8. Wildlife Sanctuaries CUP CUP \\mor _p_ A\2002\05 Entitlement \Ordinances and Resolutions\PC 030701 Pro sed- Use by Zone 17.20.doc V 01 W 6 PROPOSED ZONING ORDINANCE AMENDMENT Zones O-S A -E I R -A R -E R -O R -1 R -2 RPD TPD B. RESIDENTIAL USES Zones O-S A -E R -A R -E 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 PD 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 permit is required) b. Affordable or senior housing PD PD PD 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 PD two single family dwellings on one lot a. Affordable or senior housing PD PD when in compliance with Chapter 17.64 5. Dwellings, multiple famil PD a. Affordable or senior housing F713D when in compliance with 3 \\mor _pii_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 0307006177 - Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD Chapter 17.64 6. Mobilehome parks in CUP CUP CUP CUP CUP PD PD compliance with the applicable CUP CUP 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 yk Zones O-S A -E R -A R -E 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 sals 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 MISCEL' L:ANEOUS.I7SES Zones O -S A -E R -A WE R -O R -1 R -2 RPD TPD 1. Animal keeping in accordance with the requirements of Section \\mor_pri_sery \City Share \Community Development\DEV PMTS\Z O A\2002 \05 Entitlement\Ordinances and Resolutions\PC 0307¢l,P/ppe� Use by Zone 17.20.doc 1J �f ll PROPOSED ZONING ORDINANCE AMENDMENT Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD 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 17.28.020B. 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 days in any 180 day period are considered temporary and shall \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A52002\05 Entitlement \Ordinances and Resolutions\PC 030701 X11 -1 ! J Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones O-S A -E R -A WE R -O R -1 R -2 RPD TPD 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 Chapter 17.44. Issuance of a temporary use permit shall \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A62002 \05 Entitlement \Ordinances and Resolutions\PC 030701 FQ" 18 U Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones O -S A -E I R -A R -E I R -O R -1 I R -2 RPD TPD take the place of a zoning CUP CUP 2. Automobile/light truck/motorcycle AP AP clearance. Temporary uses AP AP AP a. rental a. brakes, oil changes tires and shock sales and installation, tune -ups (with or without hydraulic lifts AP AP lasting more than 180 days AP AP b. engine rebuilding, transmission repair, steam cleaning, auto body, painting CUP CUP require an AP. c. sales, service and parts CUP CUP 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 commercial and industrial planned development permits. Prior to the issuance of a Zoning Clearance or a discretionary permit the community development director shall verify that the site, use or structure has an approved planned development permit consistent with the requirements of section 17.44.040C 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 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 10. Kennels and catteries CUP CUP 11. Liquor stores (when located no closer than 1,000 -feet of any other liquor store or public or private school AP AP AP \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Po "I81 Use by Zone 1720.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 C -OT M -1 M -2 I 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/phdto, 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 computed on the basis of the cummulative total 25. Retail sales (temporary) in the M -1 and M -2 TUP TUP zones. Issuance of a temporary use permit shall take the place of a zoning clearance. \\morry __ g 002 \05 Entitlement \Ordinances and ResolutlonsTC 030701 PQDD182 Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 GOT M -1 M -2 I 26. Thrift stores, consignment store ZC ZC ZC B. EATING AND DRINKING PLACES 1. Alcoholic beverage sales for off -site consumption when in con'unction with another cit y 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>A►ND PROFESSIONAL USES Zones C -2 M -1 M -2 C -O C -1 CPD C -OT 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 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 \\mr _p_ A\2002\05 Entitlement\Ordinances and Resolutions\PC 030701 ProlaQ V 18 3 Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones C CPD C -O C C -1 C C -2 C C -OT M M -1 M M -2 I I D. MANUFACTURING ASSEMBLY, AND DISTRIBUTION U USES " 1. Cement, concrete and plaster, and product C CUP fabrication 2. Distribution and transportation facilities C CUP C CUP 3. Heavy machinery repair, including trucks, tractors C CUP and buses 4. Manufacturing and assembly including, but not Z ZC Z 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 C CUP A 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- C CUP C 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 A AP Z ZC E: P.UBL11C°.; AND .SEMI - PUBLIC USES Zones C C-2 M M -1 M M -2 CO C C -1 C CPD C C -OT I IPD I IPD I I 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades video and computer) C CUP C CUP C CUP C CUP b. Health club/gymnasium/fitness center/ spa A AP A AP A AP A AP C CUP 2. Places of religious worship 3. Clubhouses, social clubs, service clubs with or A AP A AP A AP A AP A AP without alcohol 4. Communication facilities, including wireless C CUP C CUP C CUP C CUP C CUP C CUP C CUP 5. Energy production from renewable resources C CUP C CUP 6. Public education and training facilities including, Z 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 C CUP C CUP C CUP C CUP C CUP C CUP C CUP city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities 8. Hospitals including urgent care A AP I I AP 1 1 AP Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 GOT M -1 M -2 I 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. 9 I1 000185 \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed - Use by Zone 17.20.doc 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 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. 2. Mobilehome Foundation System. Mobilehomes which are used as single - family EXHIBIT "B" 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 pegnanent 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 occupancythe 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. 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 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 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 00018'7 \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 in sq. 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 dwelling through use of the appropriate building form, height, materials and color. The roof \\mor_pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 Djsh 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. b. The support structures for satellite dish antennas in all zones, except for single- family \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement\Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 miniature horses shall be counted as weaned at four (4) months of age or more. 000130 \\tnor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT 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: I 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. 000151 \\mor _pri_sery \City Share\Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc 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 Turkey 0.16 Guinea Fowl 0.5 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 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 de8oted 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. 4. Property Line Separation. No apiary shall be located or maintained within fifty (50) feet 000192 \\mor pri_serv\City Share \Community Development\DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT 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. H. The construction thereof shall be of a temporary nature and shall not include a permanent foundation. I. 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 identification sign not exceeding twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13), 1994) 000193 \\mor _pri_sery \City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 the 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 J of this section. Such exerppt 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 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. 000194 \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 Reserved. 000195 \\nor_p i_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Standards 17.28.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 000196 EXHIBIT "C" PROPOSED ZONING ORDINANCE AMENDMENT 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 a 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 conditioned in order to establish permitted heights, setbacks, sizes, location, architectural style of all proposed buildings, structures and other on -site improvements, along with landscaping design and neighborhood design. As part of the planned development review and approval process initial land uses shall be reviewed and approved by the planning commission and city council. Any change to the initial land uses shall require a modification consistent with the requirements of section 17.44.100. 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 decision - making authority (either the city council or the planning commission) 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 decision - making authority 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 decision - making authority shall find that: 00019'7 \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 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 \\mor —pri_sery \City Share\Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 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 m 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. 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 14.44.050(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, any specific plan or zoning map may elect to include a larger area or additional land in the amendment request. Section 17.44.060 Filing and processing of applications. DI11 \\mor _pri_scry \City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT 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. Penalty Fees. 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 community development director shall double all application fees, provided that the city has notified the property owner of the violation. Where there is deposit rather than a fee, the community development director shall charge the hourly rate at 1.5 times. 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. 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 Iot 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 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 000200 \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 impose a penalty 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 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 Oil/Gas 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. 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. 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 000201 \\moryri_serv\City Share \Community Development\DEV PMTS\Z O A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 4t 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. 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, 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 000202 \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT 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. In addition, 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 identified in section 17.44.060. 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 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. 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. 000203 \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT 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. 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, OQ0204 \\mor _pri_sery \City Share\Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc PROPOSED ZONING ORDINANCE AMENDMENT 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. 000205 \\mor _pri_serv\City Share \Community Development\DEV PMTS\Z O A\ 2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed Entitlements 17.44.doc