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HomeMy WebLinkAboutRES 1998 351 0212RESOLUTION NO. PC -98 -351 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA PROVIDING A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO ZONING ORDINANCE AMENDMENT 97 -04, REVISIONS TO THE ZONING ORDINANCE RELATING TO DEFINITIONS, ESTABLISHMENT OF ZONES, PURPOSES OF ZONES, USES BY ZONES, CODIFICATION OF PREVIOUS ORDINANCE RELATING TO ADULT ENTERTAINMENT FACILITIES /BUSINESS REGULATIONS, AND ENTITLEMENT PROCESSES. Whereas, Section 17.60.020 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation within a reasonable time; amd Whereas, On April 16, 1997, the City Council authorized the initiation of proceedings to consider an amendment to the Municipal Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation to the City Council for the purposes of considering an amendment relating to allowable uses in each zone and the appropriateness of each use; and Whereas, at a duly noticed public hearing on May 12, 1997, and subsequent continued meetings and additional hearings, the Planning Commission held public hearings on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recommended modifications to the City's Municipal Code are categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendment to the Municipal Code does not have the potential for causing a significant effect on the environment. SECTION 2. That the Planning Commission studied, held public hearings, and on February 23, 1998, recommended to the City Council modifications to the Municipal Code relating to uses. SECTION 3. The Planning Commission recommends that a new Zoning Designation, entitled Open Space - Restricted, shall be added as Section 17.12.010 B, and subsequent zones be relettered appropriately. SECTION 4. The Planning Commission recommends that the following shall be added- as Section 17.16.020 B, and the Agricultural Exclusive shall be redesignated as 17.16.020 C: EXHIBIT 1 Planning Commission Resolution No. 98 -351 February 23, 1998 Page 2 B. Open Space - Restricted (OS -R) Zone. The purpose of this zone is to preserve areas that are restricted in their use primarily for natural open space buffers, or otherwise restricted open space, and which also may be landscaped and irrigated. SECTION 5. The Planning Commission recommends that Section 17.20.040 Q, relating to grading shall be deleted from the exemptions from Zoning Clearance. SECTION 6. The Planning Commission recommends that Section 17.08.010, Application of Definitions, shall be modified as follows: Definition of "Camp" shall be deleted. Definition of "Residential care facility" shall be changed to reflect "eight (8) or fewer beds ", rather than "six (6) or fewer beds ". Definition of "Retail trade" shall have "liquor stores" deleted from the definition. SECTION 7. The Planning Commission recommends that previously adopted Ordinance No. 166, relating to Adult Entertainment Facilities /Business Regulations shall be codified as a new chapter to the Zoning Ordinance. SECTION 8. The Planning Commission recommends that Tables 17.20.050, relating to Permitted Uses in Residential, Open Space, Agricultural, and Special Purpose Zones and Table 17.20.060 relating to Permitted Uses in Commercial and Industrial Zones shall be modified as shown in Attachments A & B to this Resolution. PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF FEBRUARY, 1998. AYES: Millhouse, Acosta, Miller, NOES: ATTEST: _ :& /:'�., Celia LaFleur, -ISecretary to the Planning Commission Perms tBd by Zone Clearance Administrative Permit Planning Commission- approved planned development permit ATTACHMENT A City Council - approved planned development permit ATTACHMENT Planning Commission-approved conditional use permit ���_�1 City Council-approved Conditional Use Permit Temporary Special Use Permit Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES D.WmV0NINGlzochad.wp ZONING DESIGNATION — TYPE OF USE T' OS OSR AE RA RE RO R1 R2 RPD TP I I Agriculture and agricultural operations (no retail except P P P as indicated). Animal husbandry: Without structures' With structures: total GFA per lot: P P P P Up to 2,000 sq. ft. Over 2,000 to 5,000 sq. ft. CPC CPC CPC CPC Less than 5 acre minimum lot size Over 2,000 to 5,000 sq.ft. P P P P More than 5 acre lot size Over 5,000 to 20,000 sq. ft. P P CPC Over 20,000 to 50,000 100,900 5q. H- CPC CPC Accessory structures To animal husbandry — - Dwelling, caretaker CPC CPC CPC More than one per lot CPC CPC CPC Offices CPC CPC CPC Apiculture' (Bees) P P P Fish fafrms Animal raising in conjunction with 4 -H, FFA, j TUP TUP TUP TUP TUP TUP TUP school, or other similar formalized youth program, conducted in compliance with Section 17.28.030 More animals than are permitted by Section CPC CPC CPC 17.28.030C - 6eakaetere4 GPG GPG GPG I ! MOVE TO INDUSTRIAL ! Commercial Crop production' (Not less than 5 acres) P P P P Wholesale nursery (not less than 5 acres) P P P P Greenhouse, hothouses and the like: total GFA per P P P p lot' (Minimum 5 acres) Up to 1,000 sq. ft. D.WmV0NINGlzochad.wp P Permitted by Zone Clearance Page 2 AP Administrative Permit PDPC Planning Commission-approved planned development permit Pgf1: City Council-approved planned development permit ( Planning Commission - approved conditional use permit CCC City Council- approved Conditional Use Permit Wp Temporary Special Use Permit TYPE OF USE ZONING DESIGNATION OS I OSR I AE RA I RE RO I R1 I R2 RPD I TP 1,000 to 20,000 sq. ft. P P P IP —� 20,000 to 50,000 409;000 sq. ft. CPC CPC CPC I Packing or prelim. processing, within structures: P P P j total GFA per lot:' Up to 5,000 sq. ft i 5,001 to 20,000 sq. ft. P P CPC 20,001 to 50,000491);@ sq. ft. CPC CPC CPC ever q69,889 sq. ft. ! ,wellings, farm worker (more than one per lot) CPC I CPC CPC Wineries P P P �- Up to 2,000 sq. ft. structure 2,001 to 20,000 sq. ft. structure CPC CPC CPC Over 20,000 sq. ft. structure CPC CPC CPC With public tours or tasting rooms CPC CPC CPC fi Accessory To crop production, including storage — SEE GREENHOUSE 'r Dwelling, farm worker: On lots of 40 acres or CPC CPC CPC more On lots less than 40 acres CPC CPC CPC' More than one per lot CPC CPC CPC Offices CPC CPC I CPC I Produce stands, retail' P - p — p T Accessory uses, including open storage P - P j p�, !! Fuel storage' P P P ! — Insecticides for pest control P P P P P Packing, storage or prelim, processing of P P P crops: Without structure' ! Alffields and 'amdimg pads and stielps, private D:I1m1Z0NINGIzochart.wp P Permitted by Zone Clearance AP Administrative Permit PDPC Planning Commission-approved planned development permit PDP� City Council-approved planned development permit C Planning Commission - approved conditional use permit CCC City Council- approved Conditional Use Permit TUP. Temporary Special Use Permit Page 3 TYPE OF USE ZONING DESIGNATION - r -- OS OSR AE RA RE RO R1 RZ RPD TIP I -- — — — — — - -� _ D:I1mV0NINGlzochart. wp Animals, nonagricultural (see also Dwellings, accessory uses and structures)' SEE ANIMAL HUSBANDRY Kennels GPG CPC CPC Wild animals GPG' Baerdimgheaees-mrd Bed - and - breakfast inns I CPC Care facilities' (see also H &SC and W &IC) - P P -CP� P P P P PDPC Day: Care of 12 or fewer persons (State law requirement related to day care facilities for 9- 9- 12) Care of 13 or more persons CPC CPC T CPC CPC CPC CPC CPC -- Intermediate: Care of + 9 or more persons (see Bnitions) CPC CPC CPC CPC CPC Care of fr 8 or fewer persons P !, P P P P P P P P Care of 9 or more persons CPC CPC CPC I CPC CPC Cemeteries I GPG CPC CPC CPC CPC CPC CPC mausoleums Churches, synagogue and other buildings used for CPC CPC CPC CPC CPC religious worship Clubhouses (no alcoholic beverages) CPC CPC CPC CPC CPC Communications facilities (Accessory Antennas) CPC ICPC CPC CPC CPC CPC CPC CPC Drilling, tempereFy geelegie (testing only) Dwelling, single - family`•/ (R -P -D zone) P i P P P P P P PDPC P Mobilehome, continuing nonconforming CPC CPC CPC CPC CPC CPC CPC CPC Affordable or elderly, built pursuant to Chapter PDCC PDCC PDCC 17.64 Dwellings, two- family, or two single - family dwellings P PDPC Affordable or elderly, built pursuant to Chapter PDCC PDCC ..' ,.64 Dwellings, multifamily � � PDCC Affordable or elderly, built pursuant to Chapter j PDCC PDCC —17.64 — - -- - -- 1! - -- D:I1mV0NINGlzochart. wp P Permitted by Zone Clearance Page 4 AP Administrative Permit POPC Planning Commission-approved planned development permit Pl? City Council- approved planned development permit C1 Planning Commission- approved conditional use permit CCC City Council - approved Conditional Use Permit TOP Temporary Special Use Permit TYPE OF USE OS I OSR I AE ZONING DESIGNATION RA I RE 1 RO I R1 I R2 I RPD TP DweFogs, accessory habitat ructures 1P Mobilehomel RV as temporary dwelling during P P P P P P P P P P construction' Second Dwelling2 AP AP AP AP AP AP AP AP AP j Room additions of less than 120 square foot P P P P P P P P P and on lots greater than 7,500 square feet Room additions - Other A AP AP AP AP AP AP AP Not for human habitation (with or without AP AP AP AP AP AP AP AP bathroom) :Second story patio /deck – Accessory structure over 120 sq. ft. AP AP AP AP AP AP AP AP Over 1,000 sq. ft. per structure; or over CPC CPC CPC I CPC CPC CPC CPC CPC 2,000 sq. ft. per iot i Antenna, ground - mounted (noncommercial), CPC CPC C CPC CPC CPC CPC CPC CPC above 40 ft? FP— Dwellings, accessory uses P P P P P P P P Animals' P P P A P iculture2 —L4 Aviaries CPC CPC CPC CPC Farm animals2 (other than horses /ponies) P P P P P CPC Horses /ponies2 P P P P P CPC Pet animals' P PP PP P P P P P P —CPC More animals than are permitted by Section CPC CPC CPC CPC CPC CPC 17.28.030C Wild animals CPC CPC CPC ! Commercial uses, minor, for project residents PDPC Home occupation P P P P P P P P P ——Storage, open 1,2 —_ - -- P P_ P P P P P P anon and training -, CPC CPC Colleges and universities Schools, elementary and secondary (boarding and CPC CPC CPC CP C CPC CPC CPC CPC nonboarding) _. D:I1MV0NING1zochad.wp P Permitted by Zone Clearance AP Administrative Permit PDPC Planning Commission-approved planned development permit PP City Council-approved planned development permit C1 Planning Commission-approved conditional use permit CCC City Council-approved Conditional Use Permit TUP Temporary Special Use Permit TYPE OF USE ZONING DESIGNATION OS OSR I A E 1 RA L RE RO R1 R2 Page 5 RPD I TP DAImLZONINGIzochattwp Energy production from renewable sources CPC CPC CPC Festivals and similar events, temporary outdoor CCC CPC CPC: CPC CPC Government buildings CPC CPC CPC CPC CPC CPC CPC Correctional institutions CPC Fire stations CPC CPC CPC: CPC CPC; CPC CPC CPC Law enforcement facilities CPC CPC CPC CPC CPC CPC CPC Grading' In conjunction with an existing Development I P P P P P P P Permit' Less than 5,000 cubic yards P P P P P P P P P P _,5,000 cubic yards, or more I PDPG P D PC P W ..... Poo MR p PDPC oft W* Hv. ,als CPC CPC 1 laspitals lef lefge animals Libraries CPC CPC CPC CPC: CPC CPC CPC CPC Mineral resource development CPC CCC CPC CPC Mining and accessory uses' CPC CCC CPC CPC Less than 9 months in duration CPC CCC CPC CPC CPC Public works maintenance P CCC P P P P P P P P Oil and gas exploration and production' CPC CCC CPC CPC Mobilehorne parks' CPC CPC CPC CPC CPC CPC CPC CPC Model home within subdivision permitted I Model homestlet-sal -,Rjears within subdivision to P P p p P which it relates. F—P Model home outside subdivision to which it relates CPC CPC CPC CPC CPC CPC CPC More Motion picture and TV production, and related activities CPC CPC CPC CPC CPC CPC CPC CPC CPC I CPC and structures (not covered by Film Permit requirements) !mpwary (maximufn 42 days in amy 188 da� Pipelines and transmission lines, aboveground' CPC CCC CPC CPC CPC CPC CPC CPC CPC CPC CPC DAImLZONINGIzochattwp P Permitted by Zone Clearance AP Administrative Permit PDPC Planning Commission-approved planned development permit PR'— City Council- approved planned development permit CI Planning Commission - approved conditional use permit CCC City Council-approved Conditional Use Permit TOO Temporary Special Use Permit TYPE OF USE OS I OSR I AE ZONING DESIGNATION RA I RE RO I R1 I R2 I RPD Page 6 TP I Public utility facilities, excluding offices and service GPG CCC CPC CPC CPC CPC CPC CPC CPC CPC CPC yards' Recreational sport and athletic facilities GPG CPC Campgrounds Without Pennanet Structures' CPC CPC CPC CPC CPC Community centers For farm workers and nonprofit farm GPG CPC CPC �'. CPC CPC CPC CPC CPC community organizations l Fields, athletic CPC CPC CPC CPC CPCJ t_CPC Golf courses, except miniature golf GGG CPC CPC CPC j + CPC CPC CPC rks P CPC P P P P P PDPC P I CPC With buildings CPC CPC CPC CPC CPC CPC CPC CPC P CPC Periodic outdoor sporting events CCC Recreational vehicle parks' CPC CPC' Recreation projects, city- initiated P P P P P P P P P P Caretaker recreational vehicle, accessory' I P P P P P P P P P P Retreats': Without sleeping facilities CPC CPC CPC CPC With sleeping facilities GPG CPC CPC CPC Riding Stables& Equestrian Facilities CPC CPC CPC CPC With necessary 'edging facilities — GP6 - -- Signs (see also Section 17.20.040 and Chapter 17.40) P P P P P P P P P P Storage of building materials, temporary' P P P P P P P P P P Trees and native vegetation: Removal, relocation P P P P P P P P P P or damage' �� Within an overlay zone SEE CHAPTER 17.36 and structures, accessory (other than to agric. P P P P ! P P P P CPC CPC annualsordwellings) D:1 f m IZONINGLochart. wp P Permitted by Zone Clearance 4P Administrative Permit PDPC Planning Commission - approved planned development permit PDG1 City Council- approved planned development permit CF Planning Commission - approved conditional use permit CCC City Council-approved Conditional Use Permit TUP Temporary Special Use Permit TYPE OF USE PI.�Isb� :�Is1� Page 7 ZONING DESIGNATION RA ! RE I RO I R7 I R2 I RPD I TP To a use requiring a PD permit or CUP SEE SECTION 17.44.080A �L j Dwelling, caretaker Waste treatment and disposal CPC CPC CPC CPC CPC Water production, storage and distribution facilities: CPC CCC CPC CPC CPC CPC CPC CPC CPC CPC CPC Private purveyors' .4 _ _. Notes for Table 17.20.050: -- 1. See also Section 17.20.040. 2. There are specific regulations for this use; see Chapter 17.28. 3. See Chapter 17.32 for parking standard. 4. Most public water facilities are exempt from these regulations. (Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8105 - 4),1994) 17.20.060 Permitted uses in commercial and industrial zones. '^ emitted uses in commercial and industrial zones are set out in Table 17.20.060. .,rte: All uses located in the M -1 and M -2 zones which at the property line are adjacent to residentially zoned prop-erty 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 D:I f m (ZONING Lochartmp a+ vermittea oy tone uearance AP Administrative Permit _RDPC Planning Commission-approved planned development permit CG City Council- approved planned development permit CPC Planning Commission-approved conditional use permit CCC City Council- approved Conditional Use Permit TUP Temporary Special Use Permit TYPE OF USE ATTACHMENT B ZONING DESIGNATION 1 of CO C1 C2 I CID M1 M2 I Adult Entertainment Facilities /Businesses —10 — CCC Airfields and landing pads and strips, private CPC CPC CPC Alcoholic beverage selling establishments including off -site or on site —9 CCC (except restaurants selling beer and wine) CCC CCC CCC A Poft Amusement and recreational facilities (see definitions CPC Amusement parks and carnivals CPC CPC Arcades, Accessory to primary use (Not to exceed 10 permitted machines or 10% of floor area, P whichever is greater) P P p Arcades (Not to exceed 10 permitted machines or 10% of floor area, whichever is greater) CPC CPC dtfing cages and golf driving ranges, indoor CPC CPC Bicycle racing tracks, outdoor PDPC CPC C CPC Health club /gymnasium (see definitions) PDPC CPC CPC Martial arts and dance studios PDPC CPC CPC CPC %eelfeelts (for meterIzed vehieles), sheeiti ig ranges amd steditims PRO' "BRED Art galleries, museums and botanical gardens PDPC CPC Automobile service stations —0 CPC PiF Banks and related financial offices and institutions PDPC PDPC PDPC Bars, taverns and nightclubs -1 CCC Care facilities: For 4 9 or more persons -1 (see also H &SC and W &IC) Day -2,3 _ li PDP C ',PDPC PDPC CPC CPC Intermediate and residential CPC _ _._ CPC .CPC Car washes, self -service or automatic CPC CPC Cemeteries, columbaria and mausoleums CPC CPC CPC j —, r ematoria, accessory CPC CPC CPC Churches, synagogues and other buildings used for religious worship —5 1 CPC PDPC PDPC CPC CPC Web9&/1:07 PM /D:I1m1ZONINGIcomzonchart.wpd Permitted by Zone Clearance Administrative Permit .QnPC Planning Commission - approved planned development permit City Council- approved planned development permit CPC Planning Commission- approved conditional use permit CCC City Council- approved Conditional Use Permit TUP Temporary Special Use Permit TYPE OF USE T - -- - ZONING DESIGNATION CO C1 C2 M1 M2 CPD Clubhouses CPC PDPC I CPC ' With alcoholic beverages CPC -- Club projects, temporary outdoor CPC CPC CPC Communications facilities CPC CPC CPC CPC CPC CPC Radio and television broadcasting -stet ens studios - - PDPC PDPC PDPC PDPC PDPC CPC - Conference center /convention center I CPC ��, I CPC — Contractor service and storage yards and buildings —.. - CPC Crop production 4 P P P P P p Firewood operations l- CPC CPC as and structures, accessory �r - -- ._--------- -- - - -- - -'- f P I p ' -�— — Dwelling, farm worker (maximum one per lot) CPC CPC I Fuel storage P- - Offices CPC CPC - - —� Packing, preliminary processing, or storage of crops: Without structures P P I Produce stands, retail Dog and cat grooming CPC P CPC P Drive-through facilities -9 CPC CPC CPC CPC - -- — T Wiling tempefafy geelegle (testing only) Conversion of residential structures to commercial use CPC CPC CPC CPC — - -L - -- EDUCATION AND TRAINING Colleges and universities CPC CPC CPC Schools: Elementary and secondary (nonboarding only) -2,3 CPC CPC CPC CPC CPC Schools: Professional, vocational, art, craft and self- improvement CPC CPC PDPC PDPC CPC Emergency Shelters CPC CPC CPC CPC - gy production from renewable sources CPC CPC Festivals and similar events, temporary outdoor - CPC CPC 18Feb98N:07 PM /D:11m1ZONINGIcomzonchad.wpd Permitted by Zone Clearance Administrative Permit =PC Planning Commission-approved planned development permit 0 City Council-approved planned development permit CPC Planning Commission-approved conditional use permit CCC City Council-approved Conditional Use Permit 3 of TUP Temporary Special Use Permit TYPE OF USE ZONING DESIGNATION CID C1 C2 MI M2 I CPD Government buildings, excluding correctional institutions PDPC PDPC PDPC CPC CPC CPC Fire stations PDPC PDPC PDPC PDPC CPC CPC CPC CPC: Grading' In conjunction with an existing Development Permit' Less than 5,000 cubic yards P P P P P P P �P 5,000 cubic yards, or more IRDIM PDP. PDPC R#PG PQFC Health services such as professional offices and outpatient clinics PDPC PDPC PDPC CPC Drug, Alcohol, Mental Health clinics CPC CPC CPC F Ambulance Services CPC CPC CPC; jospitals CPC CPC CPC ..armacy, accessory retail, for prescription pharmaceuticals only CPC PDPC CPC Hotels, motels, and Bed & Breakfast PDPC Kennels Laboratories: research and scientific PDPC PDPC PDPC Medical and dental Libraries and information renter Manufacturing industries (AS LISTED BY CATEGORY) PDPC PDPC PDPC i PDPC PDPC PDPC PDPC PDPC PDPC Cpc� PBP6 Apparel and related products Dressmaking and tailor shops PDPC; PDPC Chemicals, gases and related products (see definitions) -A excluding nerve gas Pape Drugs, pharmaceuticals, perfumes, cosmetics and the like PDPC Soaps, detergents and cleaners Electrical and electronic machinery, equipment and supplies PDPC PDPC P9PG_ Batteries CPC C_PG Household appliances Transmission and distribution equipment, and industrial apparatus---- CPC CPC PDPC 6% PDPC P9PG PBPG_ GPG Food and related products CPC PDPC 18Feb98/l:07PMID:11 m\ZONING\comzonchad.wpd P Permitted by Zone Clearance Page 4 of AP Administrative Permit PDPC Planning Commission-approved planned development permit City Council- approved planned development permit CPC Planning Commission- approved conditional use permit CCC City Council- approved Conditional Use Permit TUP Temporary Special Use Permit TYPE OF USE ZONING DESIGNATION CO C1 C2 M7 LM2 1 - - -- — ,, - -- CPD - -- Alcoholic beverages CPC CPC CPC CPC Bakery products CPC CPC CPC CPC Meat, seafood and poultry packing plants Slaughtering; refining and rendering of animal fats and oils Sugar refining Furniture and related fixtures Instruments: measuring, analyzing and controlling CPC PDPC PDPC PDPC Jewelry, silverware and plated ware Laundry service - Laundromats -6 _ PDPC PDPC PDPC —� mdry service - light -6 PDPC PDPC PDPC Laundry service - heavy -6 PDPC PDPC Leather and leather products _ PDPC PDPC Tanning, curing and finishing of hides and skins Lumber and wood products and processes PDPC Cabinetwork PDPC PDPC Plywood, particle board and veneer manufacture: wood preserving Sawmills and planing mills Machinery, except electrical PDPC Office, computing and accounting machines PDPC PDPC Metal industries, primary Rolling, drawing and extruding Metal products, fabricated Ammnnitien � I CPC PDPC Machine shops ' CPC PDPC Plating, polishing, anodizing, engraving and related operations CPC PDPC asical instruments, including pianos and organs PDPC PDPC Paper and related products Web%11:07 PM 1D:1m1Z0NINGkcomzonchart.wpd P Permitted by Zone Clearance AP Administrative Permit CPC Planning Commission - approved planned development permit G City Council- approved planned development permit CPC Planning Commission - approved conditional use permit CCC City Council-approved Conditional Use Permit TUP Temporary Special Use Permit 5 of TYPE OF USE ZONING DESIGNATION CO C1 C2 M1 M2 ' I CPD Products from paper and paperboard, including containers PDPC PDPC Pens, pencils and other office and artists -1 materials PDPC PDPC Personal goods PDPC PDPC Petroleum relining find related imdustries 1 Photographic, medical and optical goods, and watches and clocks PDPC - PDPC Printing, publishing and related industries PDPC PDPC - — PBPG Rubber and plastics products CPC Tire retreading and recapping gns and advertising displays Slone, clay and glass productsO — T PDPC PDPC PDPC PDPC CPC -� Asbestos products a and plaster, and products fabricated there -from u� Glass and glassware, pressed and blown, including flat glass _ _ - _ CPC Glass products, made of purchased glass PDPC PDPC mile Milli predeefs Tobacco products PDPC Toys and amusement, sporting and athletic goods PDPC PDPC Transportation equipment CPC Moloroycles, bicycles and related parts PDPC Mineral resource development - Mining and accessory uses -1 Less than 9 months in dumlion CPC CPC Public works maintenance P P P P P `II and gas exploration and production -1 CCC CCC Motion picture and TV production, and related activities and structures - -__ _ CPC CPC _ CPC CPC CPC - 18Feb9811:07 PM10Al m\ZONINGIcomzonchart.wpd Permitted by Zone Clearance Page 6 of Ali Administrative Permit PDPC Planning Commission-approved planned development permit City Council- approved planned development permit L'PC Planning Commission - approved conditional use permit CCC City Council- approved Conditional Use Permit TUP Temporary Special Use Permit TYPE OF USE ZONING DESIGNATION -- CO C1 C2 ', M1 M2 I Temporary (maximum 4i= 60 days in any 160 -day per! -0d) -1,4 P P P P P Offices: business, professional and administrative, except health and veterinary PDPC PDPC j PDPC PDPC CPC Parking lots PDPC PDPC 1 PDPC PDPC PDPC CPC Pipelines and transmission lines, aboveground CPC CPC CPC CPC Printing, (copying & photocopying) PDPC CPC Propnbian (eng ne) teslin9 Putility facilities -4 CPC CPC CPC CPC CPC CPC Offices only PDPC PDPC PDPC PDPC PDPC PDPC Service yards PDPC CPC I ding studios and sound stages PDPC CPC CPC 1 Rental and leasing of durable goods CPC CPC CPC Bicycle rental _�.u.._ PDPC Repair and reconditioning services CPC CPC PDPC Automobile body work and painting CPC CPC - Guidearseks areas - -- - - �nbideeating Automobile repair, including component repair CPC CPC PDPC PDPC Electrical and electronic machinery and equipment PDPC PDPC Computer, audio - visual, small home appliances Heavy machinery repair, including trucks, tractors and buses PDPC Instruments, including musical instruments PDPC PDPC PDPC Office, computing and accounting machines PDPC PDPC PDPC Photographic and optical goods PDPC PDPC PDPC Repair of personal goods such as jewelry, shoes and saddlery PDPC PDPC PDPC ' raurants, cafes and cafeterias -7 - PDPC PDPC PDPC PDPC Restaurants selling beer and wine -9 i AP AP AP AP 1 BFeb98i1:07 PM/D:11 m1ZONINGIcomzonchad.wpd Permitted by Zone Clearance Page 7 of AP. Administrative Permit -QnPC Planning Commission - approved planned development permit City Council- approved planned development permit CPC Planning Commission - approved conditional use permit CCC City Council- approved Conditional Use Permit TUP Temporary Special Use Permit -TYPE-OF-USE ZONING DESIGNATION CO C1 C2 F M1 M2 I l CPD Outside eating areas I Drive - through restaurants CPC CPC CPC CPC _ Retail Vade (see definitions) Rq1 PDPC oft, Drive through -9 CPC CPC I CPC Christmas tree sales /pumpkin sales • outdoor -1 TUP TUP Feed stores !, CPC CPC Lumber and building materials sales yards CPC Mail order houses (nonstore)�I ! PDPC PDPC Motor vehicle, mobilehome, recreational vehicle and boat dealers -1 CPC CPC _ urseries Uses, accessory SEE PRINCIPAL USE Outdoor sales and services, temporary -1 (see definitions) TUP I TUP Outdoor sales and services, permanent -9 CPC'. CPC CPC CPC Repair of products retailed P P _ _ Structures, accessory -9 — P P Salvage yards, including automobile wrecking yards — — Service establishments - -- Business (see definitions) PDPC PDPC PDPC Auction halls, not involving livestock CPC CPC PDPC CPC Disinfecting and exterminating services CPC CPC CPC CPC Exhibits, building of PDPC PDPC CPC Sign painting and lettering shops PDPC PDPC PDPC Personal (see definitions) PDPC 1 PDPC Signs (See also Section 17.20.040 and Chapter 17.40) P P P P P P standing off sille adve0ising LSwap meets CPC CPC CPC CPC 18Feb9a11:07 PM 1D: \1 m2ONING\comzonchad.wpd Permitted by Zone Clearance Administrative Permit .,.PDPC Planning Commission - approved planned development permit City Council- approved planned development permit CPC Planning Commission-approved conditional use permit CCC City Council- approved Conditional Use Permit TUP Temporary Special Use Permit TYPE OF USE ZONING DESIGNATION CO C1 I C2 M1 CPD Page Taxiderm - -- - Transportation services (see definitions) — - CPC PDPC Bus and train terminals - CPC CPC CPC CPC — Truck storage, overnight CPC PDPC Trees and native vegetation: removal, relocation or damage -4 P P P P P Within an overlay zone SEE CHAPTER 17.36 - — Uses and structures, accessory SEE PRINCIPAL USE Dwelling, for superintendent or owner CPC CPC CPC CPC Dwelling, caretaker CPC CPC Recreational facilities, restaurants and cafes: for employees only PDPC PDPC P P Retail sale of products manufactured on -site Temporary buildings during construction -1 P P P Vaccination clinics, temporary, for pet animals -1 P P Veterinary clinics, pet animals only -1, no animal boarding, except for animals being treated or under medical care, Which must be completely within a wholly enclosed building. PDPC PDPC Warehousing and storage, not including mini - storage POM Automobile Impound yards: dead slefage a# Welts, buses and the like i Building materials, movers' equipment and the like: indoor PDPC PDPC Outdoor CPO' Mini- storage (or self storage) FekiNeerand maw —� CPC - - -- Petroleum and gas (butane, prepene, 613G, ete.)t explesives and firewmIts -- Recreational vehicles CPC CPC Storage of building materials, temporary -1 for on -site construction P P P P P Waste treatment and disposal (see definitions) 18Feb9a/1:07 PM /D:11 m\ZONINGIcomzonchad.wpd Permitted by Zone Clearance h]p Administrative Permit PDPC Planning Commission - approved planned development permit City Council-approved planned development permit CPC Planning Commission-approved conditional use permit CCC City Council- approved Conditional Use Permit TUP Temporary Special Use Permit TYPE OF USE ZONING DESIGNATION CO C1 IC2 M1 M2 I PD Recycling facilities and centers CPC PDPC CPC Water production, storage and distribution facilities: Private purveyors —4,8 CPC CPC CPC P P CPC - ---i Wholesale trade , subject to restriction to percentage of retail sales -- — Zoological gardens, animal exhibits and commercial aquariums - CPC PDPC PDPC CPC Notes for Table 17.20.060: 0. Automobile service stations in the MA and M -2 industrial zones with a planning Commission - approved conditional use permit are allowed, if the subject property has frontage on Los Angeles Avenue, New Los Angeles Avenue. 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 -0 zones, a school facility would only be permitted where sponsored by or permitted within an industrial or commercial use on the same site. 4. See also Section 17.20.040. 5. Churches located in existing buildings with an approved planned development permit will require a modification to that permit. If existing industrial building has approved IPD, restaurant will require approved minor modification to IPD. 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. Establishments must be an otherwise permitted or conditionally permitted use in the zone. 10. Subject to regulations relating to Adult Entertainment Facilities /Businesses. (Ord. 209 § 3,1995; Ord. 200 § 3 (part), 1994; Ord. 189 § 3 (8105- 5),1994) 18F09811:07 PM/D: \1 mIZONINGIcomzonchad.wpd 17.04.050 in accordance with Chapter 17.28; (2) quantities expressing areas of land are to be rounded only in the case of square footage, and are not to be rounded in the case of acreage. I. Severability. If any portion of the zoning ordinance is held to be invalid, that hold shall not invalidate any other portion of the zoning ordinance. J. Interpretation. Because it is infeasible to compose legislative language which encompasses all conceivable land-use situations, the director of community development shall have the power to interpret the regulations and stan- dards contained in this title, when such interpretation is necessitated by a lack of specificity in such regulations and standards. (Ord. 189 § 3 (81010, 1994) 296 Chapter 17.08 DEFINMONS Sections: 17.08.010 Application of definitions. 17.0&010 Application of definitions. Unless the provision or context otherwise requires, the definitions of words and terms as follows shall govern the construction of this chapter. "Abandoned vehicle" means a vehicle (as defined in the Vehicle: Code) which is located on public or private property without the expressed or implied consent of the Property owner or person in lawful possession or control of the property which has been deserted for a period of seventy-two (72) or more consecutive hours or within twenty-f= (24) hours if any portion of the street and/or highway is necessary for cleaning, repair or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal of the vehicle. " Abut" means to touch physically. border upon, or share a common property line with. Lots which touch at comers only shall not be deemed abutting. "Adjoining" and "contig- uous" shall mean the same as abutting. "Access" means the place or way by which pedestrians and/or vehicles shall have safe, adequate, usable ingress and egress to a property or use. 'Accessory sauctu e" means a detached structure located upon the same lot as the building or use to which it is accessory, and the use of which is customarily incidental, appropriate and subordinate to the use of the principal building or to the principal use of the lot. "Accessory use" means a use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same lot. ' °Agtitsiltuti" means farming, including animal husbandry and the production and management of crops (including aquatic crops) for food, fiber, fuel and ornament. "Airfields, landing pads and s trips" means aircraft landing strips or heliports for agricultural crop dusting or personal use of the property owner or tenants, not available for public use, and with no commercial operations. "Aircraft" means and includes helicopters, all fixed -wing airplanes, gliders, hang -gliders and ultra -light aircraft. "Alley" means a thoroughfare not more than thirty (30) feet wide, other than a public road or street, permanently reserved as a secondary means of access to abutting proper- ty. EXHIBIT 2 "Amortize" means to require the termination of (a nonconforming use or structure) at the end of a specified period of time. "Amusement and recrmtional facilities" means any facili- ties primarily designed for recreation such as, but not limited to auditoriums, billiard and pool establishments, bowling alleys, community centers, danceballs, golf driving ranges, indoor motion picture theaters, m;mature golf, parks and playgrounds. "Animal husbandry" means a branch of agriculture for the raising or nurturing and management of animals, includ- ing breeding, pasturing, ranching and sales of animals. Animals, Farm. "Farm animals" means and includes horses, mules, burros, jacks, jennies, cows, bulls, calves, heifers, sheep, lambs, llamas, alpacas, goats, swine, hogs, pigs and miniature specimens of these animals (with the exception of any miniature horse which shall not exceed a height of thirty-eight (38) inches in accordance with the American Miniature Horse Association's regulations for Class B horses), and pot - bellied pigs (not to exceed a weight of one hundred ten (110) pounds, which are treated as household pets), or other such animals as determined by the director of community development Animals, Pet. "Pet animals" means small domesticated animals such as dogs, cats and birds, which are customarily kept for pleasure rather than utility. Animals, Wild. 'Wild animals" means animals which are wild by nature and not customarily domesticated in Ventura County. This definition does not include birds, small rodents or small, nonpoisonous reptiles commonly used for educational or experimental purposes, or as pets. Antenna, Ground - Mounted. "Ground- mounted antenna" means a device for transmitting or receiving radio waves which rests on or is located in or anchored to the ground. "Ground- mounted antenna" includes antennas supported by guy wires and similar mechanisms. Antenna, Roof- Mounted "Roof - mounted antenna" means a device for transmitting or receiving radio waves which rests on or is located on the roof of any structure. "ApicultuW' means beekeeping, which includes one (1) or more hives or boxes occupied by bees (drives or boxes include colonies), but does not include honey houses, extraction houses, warehouses or appliances. "Application requests" means and includes, but is not limited to, filings for zoning clearances, permits, variances, appeals, suspensions, modifications and revocations, inter- pretations, amendments and zone changes. "Arcade" means a commercial amusement establishment containing four (4) or more game machines, electronic or otherwise, or similar amusement devices. 0111% 17.08.010 "Athletic field" means a level, open expanse of land intended to be used for organized team sports such as base- ball, football and soccer. "Automobile impound yard" means a building or premis- es for the storage of motor vehicles, such as impounded Of repossessed vehicles, where such vehicles are intended to be stored for more thin a twenty-four (24) hour period. Ibis definition shall not include automobile wrecking or salvage in any form. "Automobile service station" means a commercial acdv- ity, both retail and service in character, engaged in dis- pensing automotive fuels and motor oil; the sale and service of tires, batteries and other automobile accessories and replacement items; and washing and lubrication services. Activities associated with service stations do not include body and fender repair, painting or major motor repairs. This also includes such aforementioned facilities that are in conjunction with a mini- market. "Aviary" means any place where more than twenty-five (25) domestic birds are kept outside a dwelling; or any commercial aviculture that does not meet all standards of Section 17.28.020B (Home Occupations). "Bathroom" means a sink, a toilet, and a bathtub or shower. "Bed - and - breakfast inn" means a dwelling unit with one (1) family in permanent residence wherein one (1) to five (5) sleeping rooms, and one (1) or more meals, are offered for compensation to ovemight guests. 'Belt course" means a projection of masonry or similar material around a building or part of a building, which is attached to the building. "Boardinghouse" means a dwelling unit with one (1) family in permanent residence, where all rooms have inter- nal access to one another, and wherein two (2) to five (5) rooms are rented to residents, with or without daily meals. 'Borrow area" means an area where soil, sand, gravel or rock is extracted and removed for use as fills, grades or embankments on property of a different ownership or noncontiguous property of the same ownership. "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, chattel or property of any kind. 'Business services" means uses such as advertising agencies, blueprinting and photocopying, computer and ,lets processing services, coupon and trading stamp redemp. Lion services, drafting services, employment agencies, laminating of phut. packaging services and telephone answering services. "Cabana" means a lightweight shelter containing an open side. 17.08.010 in for thp, Cal "Campground" means a rural facility without pamanent structures for overnight accommodation, but with limited accessory structures and buildings, which is used for tem- porary leisure or mcreational purposes and provides oppor . tunities for the enjoyment or appreciation of the natural environment. "Caretaker" means an employee who must be on the property for a substantial portion of each day for security purposes or for the vital care of people, plants, animals, equipment or other conditions of the site, and who does not have a possessory interest in the property. "Carpool" means a vehicle occupancy of two (2) or more persons ages sixteen (16) years or older commuting to or from work and/or school. "Chemicals" means and includes such compounds as adhesives, explosives, fertilizers, industrial gases, ink, lacquer, paints, pesticides, pigments and dyes, sealants, shcUac, synthetic fibers, synthetic resins, synthetic rubber, thinners and varnishes. "Church" mesas a building in which a body or organiza- tion of religious believers may assemble for worship. "Clubhouse" means any building or premises used by an association of persons, organized for some common purpose, but not including a gun club or an association or group organized to render, purchase or otherwise make use of a service customarily carried on as a commercial enterprise. "CommeliCial vehicle" means a vehicle of a type required to be registered under the provisions of the California Vehicle Code and used or maintained for the transportation Of persons for hire, compensation or profit or designed, used or maintained primarily for transportation of property. "Commission" means the city planning commission. "Communications facilities" means and includes such uses and structures as radio and television transmitting and receiving antennas, radar stations and microwave towers. "Community anti" reams a Meeting place where people living in the same community may carry on cultural, recre- ational or social activities, but excluding any facility operas ed as a business or for commercial purposes. "Community development directoe means the manager Of the department of community development of the city of Moorpark in Ventura County. "Commuter" means any person who regularly travels by vehicle to or from work or school. "Compatible use (T -P zoney' means any use which does not significantly detract from the use of the property for, 298 or inhibit, the growing and harvesting of timber. "Compati- ble n ' includes the accessary retail sale of Christmas trees. "Conference center /convention center" means an urban facility for the assembly of persons for study and discussion, which includes permanent structures for dining, assembly and overnight accommodation. "Contractor's service and storage yard" means an open area, which may include garages and sheds, for the storage of vehicles, equipment and materials which are associated with a contracting business or operation, where sales, manufacturing and processing activities are specifically excluded. "Day care educational facility" means a day care facility which provides the rdu kirm with formal training to stimulate or develop the mental or moral growth of the children. "Day care facility" means any type of licensed group day care program, including care of the developmentally disabled, nurseries for children of working patents, nursery schools for children under school age, parent cooperative nursery schools, play groups for preschool children or programs covering before and/or aftetschool care for school children (also see definition for "family day care home "). Decision, Administrative. "Administrative decision" means any decision made by the director of community development, or his or her designee. Decision, Discretionary. "Discretionary decision" means a decision requiring the exercise of judgment, deliberation or decision on the part of the decision - making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision - making authority merely has to determine whether there has been conformity with applicable statutes, ordinances or regulations. "Decision- making authority" means an individual or body vested with the authority to make recommendations or act on application requests. The final decision- making authority is the one which has the authority to act on a request by approving or denying it This may include the director of community development or his designee, the planning commission, or the city council. Decision, Ministerial. "Ministerial decision" means decisions approved by a decision - making authority based upon a given set of facts in a prescribed manna in obedi- ence to the mandate of legal authority. In these cases, the authority mast act upon the given facts without regard to its own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance or regula- tion may require, in some degree, a construction of its language by the decision - making authority. "Denial without prejudice" means denial of an application request based on the desire or intent of the decision - making authority to not form an adverse opinion or judgement formed beforehand or without full knowledge or complete examination of the facts. "Denial with prejudice" means denial of an application request based on the desire or intent of the decision- making authority to limit the filing of requests to use a specific Property or structure for a specific use. When an application is denied with prejudice, it is usually because two (2) or more similar applications on the same property have recently been denied by the same decision - making authority. "Domestic birds" means finches, myna birds, parrots and similar birds of the psittacine family, pigeons, doves, ravens and toucans. Drilling, Temporary Geologic. `Temporary geologic drilling" means bona fide temporary search and sampling activities which, in the case of oil- related testing, use drilling apparatus smaller than that used in oil production. Excluded from this definition is soil testing for wells, foundations, septic systems and similar construction. "Dwelling" means a building or portion thereof designed or occupied exclusively for residential purposes. Dwelling, Caretaker. "Caretaker dwelling" means a dwelling unit used by a caretaker, and his or her family, employed and working on the premises. Dwelling, Farm Worker. "Farm water dwelling" means a dwelling unit used by a farm worker, and his or her family, employed and waking on or hired from the premis- es. Dwelling, Multifamily. "Multifamily dwelling" means a building, or portion of a building, containing three (3) or more dwelling units. Dwelling, Singl Family. "Single-family dwelling" means a detached building constructed in conformance with the Uniform Building Code, or a mobilehome constructed on or after June 15, 1976, designed or used exclusively for occupancy by one (1) family and containing one (1) dwell- ing unit. Dwelling, Two-Family.'Two-famdly. dwelling" means a building containing two-(2) separate dwelling units. "Dwelling unit" means one (1) a more rooms providing complete independent living facilities for one (1) family, including permanent provisions for living, sleeping, eating, cooking and sanitation; but containing only one (1) set of kitchen - related fixtures capable of serving only one (1) kitchen for the exclusive use of one (1) family. "Energy production from renewable sources" means any facility or installation such as a windmill, hydroelectric unit or solar collecting or concentrating array, which is designed and intended to produce energy from natural forces such as wind, water, sunlight or geothermal heat, or from biomass, for off -site use. RZ 17.08.010 "Expansion" means increasing the area or volume occu- pied by or devoted to a use, increasing the living space or occupant capacity of a sauctme, or adding uses or struc- tures accessory to a nonresidential use or structure. The following are not considered to be expansion: the addition of unenclosed porches, patio covers and the like; one (1) enclosed addition of not more than thirty (30) square feet to a dwelling; and the addition of detached accessory structures not for human habitation as accessory to a dwelling. "Family day tare home" means a home which generally Provides care, protection, and supervision of twelve (12) or fewerchildten, in the provider's own home, for periods of less than twelve (12) hours per day, while the parents or guardians are away, and includes the following: 1. "Iarge family day cafe home" which means a home which provides day care to seven (7) to twelve (12) chil- dren, inclusive, including children under the age of ten (10) years who reside at home. 2. "Small family day tare home" which means a home which provides family day tare to six (6) or fewer children, including children under the age of ten (10) years who reside at the home. "Farm worker" means a person principally employed for farm work. "Fence" means an unroofed vertical structure which i; intended primarily to serve as a visual screen or as a physical enclosure around a building or yard area for secu- rity, containment or privacy, or to indicate a boundary. This definition includes hedges, thick growths of shrubs, and walls used as screens, but does not include windbreaks for the protection of orchards or crops, or city- approved enclosures for the containment of wild animals. Fence, See - Through "See- through fence" means a chain link fence or any other type of fence that permits at least fifty percent (5096) open visibility throughout the fence. "Festivals and similar events" means events such as amusement rides, animal events, art shows, concerts, craft fairs, itinerant shows and religious revival meetings. "Firewood operation" means any commercial operation involving the acting, sawing or chopping of wood in any form for use as firewood on property other than that on which the operation is located, irrespective of where such wood is grown. "Fish farm" means any lot or premises where aquatic animals, including mollusks and crustaceans, are raised commercially in an area not enclosed by a building. "General plan consistency" means compatibility and agreement with the general plan of the city of Moorpark. Consistency exists when the standards and criteria of the city general plan are met or exceeded. 17.08.010 "Government building" means a building, structure or Other facility operated by a legally constituted federal, state or local government authority, excluding a waste treatment facility. "Grade" means adjacent ground level. For purposes of building height measurement, "grade" is the average of the finished ground level at the center of all walls of a building, or other datum point established by the division of building and safety. "Gross floor area" means the area included within the surrounding exterior walls of all floors or levels of a building or portion thereof, exclusive of vent shafts and courts. "Gun club" means any building or premises where there are facilities of any sort for the firing of handguns, rifles or other firearms. "Gymnasium" means an indoor recreational or athletic facility for such uses as aerobics, gymnastics, racquetball, swunntng, skatng t inks, tennis aad table tennis, trampoline opemtons and weight mining; but not including amusement and recreational facilities as defined in this chapter. "Hazardous material" means a substance, or combination Of substances, which, because of its quantity or concentra- tion, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapaci- tating, reversible illness; or may pose a substantial present or potential hazard to human health or to the environment when improperly used, handled, treated, stored, transported, disposed of or otherwise managed. A material may be judged as hazardous if it is corrosive, reactive, ignitable or toxic. "Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may do either of the following; 1. Cause or significantly contribute to an increase in mortality or increase serious irreversible, or incapacitating reversible illness; 2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. Unless expressly provided otherwise, the term "hazardouhs waste" shall be understood to also include extremely hazardous waste and acutely hazardous waste. (Reference: Section 25117 California Health and Safety Code.) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery disposal or recycling of hazardous waste. A hazardous waste facility may consist of one (1) or more treatment, transfer, storage, resource recovery, disposal, M or recycling hazardous waste management units, or combi- nations of those units. (Rclim tlx: Section 25117 Califomia Health and Safety Code.) "Height" means the vertical distance from the adjacent grade to the highest point of that which is being measured. Height, Building. "Building height" means the vertical distance from the grade to the highest point of a flat roof or mansard roof, or, in the case of a pitched or hip roof, to the "averaged midpoint," which is arrived at by the drawing of two (2) imaginary lines between the finished main ridgeime peak and the top of the two (2) exterior finished walls running parallel to the main ridgeline, adding together the vertical heights of the midpoints of these two (2) imaginary lines, and dividing the result by two (2). The height of an A -frame structure is the vertical distance from the grade or other datum point to the peak of the roof. "High fire hazard areas" means certain areas in the unincorporated territory of the county classified by the county fire protection district and defined as any areas within five hundred (500) feet of uncultivated brush, grass or forest - covered land wherein authorized representatives of said district deem a potential fire hazard to exist due to the presence of such flammable material. "Home occupation" means any use customatily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part (also see Chapter 5.88). "Hospital" means a licensed institution providing in- patient care or overnight accommodations for persons with illnesses, injuries, or other conditions, physical or mental, calling for medical treatment or observation, including one (1) or more of the following basic services: anesthesia, laboratory, nursing, pharmacy, radiology, rehabilitation or surgery. "Hospital for large animals" means a facility providing acute veterinary care to horses or to cattle or other farm animals. "Hotel" means a building with one (1) main entrance, or a group of buildings, containing guest rooms where over- night lodging with or without meals is provided for compen- sation. "Inoperative vehicle" means a vehicle which is not fully capable of movement under its own power or is not licensed or registered to operate legally on a public right-of-way, Tractors and similar farm vehicles that are used on a lot containing an established agricultural operation and are capable of movement under their own power are not considered to be inoperative vehicles. "Institutional/public uses" means and includes public facility uses including government buildings, libraries, fire stations, nonprofit organization buildings and community service centers, but excludes jail facilities. "Intermediate care facility" means a health facility which provides inpatient care to ambulatory or nonambulatory patients who have a recurring need for skilled nursing supervision and need supportive care, but who do not require continuous skilled nursing care. The term "interme- diate care facility" shall include intermediate careldevelopmentally disabled facilities for seven (7) or more persons, nursing homes for seven (7) or more persons, rest homes and convalescent homes. "Kennel" means any lot or premises where five (5) or more dogs or cats of at least four (4) months of age are kept, boarded, bred or trained, whether in special buildings or runways or not "Iaundry wni -- heavy" means establishments primari- ly engaged in the process of laundering, dry cleaning or dyeing clothes or other materials. These services are typical- ly provided for hospitals, restaurants, and other retail or service providers and are not services available to the general public. "Laundry service — Laundromats" means self - service cleaning facilities which do not involve the use of dry cleaning chemicals. "Laundry service — light' means establishments primarily engaged in the process of laundering, dry cleaning or dyeing cloths or other materials. Typical uses include dry cleaning stores. 'Ut" means an area of land having fixed boundaries. "Lot area" means the total area, measured in a horizontal plane, within the lot lines of a lot Lot, Comer. "Corner lot" means a lot situated at the intersection of two (2) or more streets or highways. Mot depth" means the mean horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines. Lot, Interior. "Interior la" means a lot other than a comer lot Lot, Legal. "Legal lot" means a lot which met all local subdivision ordinance and Subdivision Map Act require- ments when it was created and which can lawfully be conveyed as a discrete unit separate from any contiguous lot; or a lot which has been issued a certificate of compli- ance or conditional certificate of compliance pursuant to the Subdivision Map Act and the dry subdivision ordinance and which can lawfully be conveyed as a discrete unit separate from any contiguous lot Lot Line. 1. "Front lot line" means a line separating an interior lot from a street, or a line separating the narrower street 301 17.08.010 frontage of a corner lot from the street, except for L-shaped lots. 2. "Rear lot line" means: a. Rectangular lots: A lot line which is opposite and most distant from the front lot line. b. Triangular and irregularly shaped lots: a line ten (10) feet long within the lot, opposite and most distant from the front lot line, which is parallel to the front lot line or parallel to the chord of a curved front lot line, where such chord is drawn perpendicular to the mean direction of lot depth. 3. "Side lot line" means any lot boundary line which is not a front lot line or a rear lot line. Lot, Reverse Cana. "Reverse conker lot" means a comr lot, the rear of which abuts the side of another lot Lot, Through. 'Through lot" means a lot other than a corner lot having frontage on two (2) parallel or approxi- mately parallel streets. 'Ut width' means the distance between the side lot lines measured at the front setback, "Mineral resource development" means the exploration for or extraction of surface or subterranean compounds and materials; this includes oil and gas exploration and production, and the mining of metallic and nonmetallic nunerals, sand, gravel and rock. "Mming" means a form of miters] resource development involving the extraction and removal of more than one thousand (1,000) cubic yards of material from the same site, or from separate lots within one (1) mile of each other that are owned or mined by the same person, through such activities and uses as borrow areas, sand, gravel and rock quarries, etc. "Mining" does not include extraction and removal of material from construction sites or following floods, landslides or natural disasters where the land is being restored to its prior condition. Mining, accessory uses" means uses customarily inci- dental, appropriate and subordinate to mining located on the same site, such as stockpiling, sorting, screening, washing, crushing, hatching and maintenance facilities. "Mining, public works maintenamx" means mining, and its accessory uses, for periods of less than nine (9) months, which have been declared in writing by the public works agency to be under its administrative control and which is necessary to alleviate immediate or foreseen threats to public health and safety, or the preservation of public facilities and structures. Said uses include such operations as cleating out and aligning of channels and floodways, removing material to avert potential landslides, and accesso- ry processing such as stockpiling, sorting, screening, wash- ing, crushing and hatching of on -site material. "Mobilehome" means a structum, transportable in one (1) or more sections, which when erected on -site measures 17.08.010 eight (8) body feet or more in width and thirty -two (32) body feet or more in length, and which is built on a perma- nent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. . "Motel" means one (1) or more buildings containing guest rooms with one (1) or more such rooms or units having a separate entrance providing entry directly from the outside of the building or from an inner court. Such facilities are designed, used or intended to be used, rented or hired out for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media "Motel" includes auto courts, motor lodges and tourist courts. "Motion picture and television production" means all uses related to the production of motion pictures and tele- vision film and tape, including motion picture and television stages; exterior sets; laboratories; construction, repair and storage facilities; caretaker and temporary housing; all vehicles used to transport this equipment and other related commercial vehicles; and accessory fabrication activities. "Nonconforming structure" means a structure or portion thereof which was lawfully erected or altered and main- tained, which, solely because of revisions in development standards of this title dealing with lot coverage, lot area per structure, height and setbacks, no longer conforms. "Nonconforming use" means a use which was lawfully established and maintained but which, because of the apph- cation of this title (1) is no longer permitted in the zone in which it is located; or (2) is no longer in conformance with the parking requirements of the use in the zone in which it is located. "Oil and gas exploration and production" means the drilling, extraction and transportation of subterranean fossil gas and petroleum, and necessary attendant uses and struc- tures, but excluding refining, processing or manufacuning thereof. "Open storage" means the placement or keeping of mates dais, equipment or other items such as boats, inoperative vehicles and building materials in an area not fully enclosed by the walls of a building. "Outdoor sales and services, temporary" means such temporary outdoor uses as sidewalk sales (except swap meets), seasonal sales and auctions. Parcel. For the purposes of this title, the word "parcel" shall have the same meaning as the word "lot" and the two (2) words shall be synonymous. "Park" means an area of land available for public use, at least seventy-five percent (75%) of which is landscaped or otherwise left in a natural state, and which does not involve off -road motor vehicle uses of any kind. 302 'Parking lot" means an off-sum parking facility contain- ing four (4) or more parking spaces. "Periodic outdoor sporting events" means recreational events or activities, other than spectator -type animal events, which require a natural environment, are carried on by one (1) or more organized groups of people, and do not involve structures, motorized vehicles, aircraft or firearms. "Person" means any individual, organization, partnership, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof. "Personal goods" means items such as bristle goods, umbrellas, grooming items and tobacco paraphernalia. "Personal services" means enterprises serving individual necessities, such as barber shops, beauty salons and spas, clothing rental, coin-operated laundromats, funeral homes, marriage bureaus, massage services by masseuny*uissaises, personal latmdry and dry cleaning establishments, photo- graphic studios, tattoo parlors and travel agencies. "Petroleum refining" means oil- related industrial activities involving the processing and/or manufacture of substances such as: asphalt and tar paving mixtures; asphalt and other saturated felts (including shingles); fuels; lubricating oils and greases; paving blocks made of asphah, creosoted wood and otter compositions of asphalt and tar with other materi- als; and roofing cements and coatings. 'Pony" means a mature small horse or a young horse under fifty-eight (58) inches high at the shoulder. "Preliminary processing" means basic activities and Operations instrumental to the preparation of agricultural goods for shipment to market, excluding canning or bottling. "Private road or street" means any road, street or thor- oughfare of whatever nature, privately maintained which may or may not be open to the use of the public for the purpose of vehicular travel. "Product: stand" means a detached accessory structure used to sell raw, unprocessed fruits, vegetables, nuts and seeds, and flowers and ornamental plants. `Public road or street" means any road or street or thor- oughfare of whatever nature, publicly maintained and open to the use of the public for the purpose of vehicular travel. 'T=Udonal vehicle" means a vehicle of any size which (1) is self - propelled or is towed by another vehicle; (2) is not designed to be used as a permanent dwelling; and (3) has sell'- contained plumbing, heating and electrical systems which may be operated without connection to outside utilities. Recreational vehicles do not fall within the definition of mobilehomes. "Recreational vehicle park" means any area of land developed primarily for temporary use by recreational vehi- cles for which utility connections (sewer, water, electricity) are provided. "Residential care facility" means a facility providing nonmedical care on a twenty-four (24) hour.basis to people who are mentally ill, mentally handicapped, physically disabled, or elderly, or are dependent or neglected children, wards of the juvenile court, or other persons in need of Personal services, supervision or assistance essential for sustaining the activities of everyday living or for protection Of the individual. Included within this definition are `inter- mediate care facilities/developmentally disabled nursing" e(J�/ and "intermediate care facilities/developmentally disabled' &) %cith sin (d) or fewer beds, and congregate living health facilities, pursuant to the Health and Safety Code. A facility is considered nonmedical if the only medication given or Provided is the kind that can normally be self- administered. "Rest home" means a licensed facility where lodging, meals, nursing, dietary and other personal services are rendered for nonpyschiatric convalescents, invalids and aged persons for compensation. Excludes cases of conta- gious or communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums and hospitals. "Retail trade" means businesses such as auto supply stores, book and stationery stores, camera shops, clothing and fabric stores, department and variety stores, drugstores, florists, food stony, finnihm stores, gift and novelty shops, hardware and paint stores, home furnishings stores, house- hold appliance stores, jewelry stores, legaer. aw s, music stores, newsstands, pet stores, shoe stores, sporting goods stores, toy and hobby shops and used merchandise stores, "Retreat" means a facility which (1) is operated by a nonprofit organization; (2) provides opportunities for small groups of people to congregate temporarily on a site for such purposes as education, enlightenment, contemplation, renewal or solitude; and (3) by its nature, needs to be located in a quiet, sparsely populated, natural environment "Riding stable" means a facility where horses or other equine animals are rented to members of the public for recreational purposes, where riding lessons are offered for compensation to people other than the owners of said ani- mals, whether or not the riding occurs on the property on which the animals are kept "Roof structures" means structures for the housing of elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, solar collectors, wireless masts, T.V. antennas and similar structures. "R- zone" means a zone classification under this title which contains the letter "W' in its abbreviation, excluding overlay zones. Schools, Boarding or Nonboarding. "Boarding or non- boarding schools" means educational facilities for pre- 17.08.010 college levels of insiructim; specifically limited to elmenta- ry, junior high and high schools offering full curricula as required by state law "hoarding schools" are those which Provide lodging and meals for the pupils. "Second dwelling" means an attached or a detached residential dwelling unit which provides complete, indepen- dent, living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cocking and sanitation on the same parcel as the existing single - family dwelling is situated. "Setback" means the minimum distance by which struc- tures are to be separated from the boundary lines of the lot on which they are located, in order to provide an open yard area which is unoccupied and unobstructed from the ground upward. Setback, Front "Front setback" means an open yard area extending between side lot lines across the front of a lot the depth of which is the required minimum horizontal distance between the front lot line and a line parallel thereto on the lot .Setback, Rear. "Rear setback" means an open yard area extending across the rear of the lot between the inner site lot lines which is the required minimum horizontal distance between the tear lot line and a line parallel thereto on the lot :Setback, Side. "Side setback" means an open yard area extending from the front yard, or the front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest part of the side lot line. Shall and May. "Shall" is mandatory; "May" is permis- sive. "'Sight triangle" means a triangular area on a corner lot, two (2) of the sides of such triangle being formed by extending two (2) imaginary lines from the comer of the lot adjacent to the street intersection at least forty (40) feet back to two (2) points along the sides of the lot parallel to the two (2) intersecting streets, the third side then being forted by the connection of such points. ri t r 303 (Moaq t 11-9s) 17.08.010 Signs. For sign definitions, see Chapter 17.40. "Single - family dwelling" means a building or portion thereof designed or occupied exclusively for a one (1) family dwelling. "Site" means one (1) or more lots planned and developed as a unit under one (1) permit. "Sleeping quarters" means a space in a structure used for sleeping purposes. •'Store" means an enclosed building housing an establish- ment offering a specified line of goods or services for retail sale direct to walk -in customers. "Structural alteration" means any change in roof lines or exterior walls, or in the supporting members of a building such as foundations, bearing walls, columns, beams, girders, floor joists, roof joists or rafters. This includes any physical change which could affect the integrity of a wall, including Partial or total removal, moving a wall to another location or expanding the wall in terms of height or length. Minor actions such as adding a doorway, walkway, passage or window, or attaching architectural features or adornments, are not considered to be structural alterations. "Structure" means anything constructed or erected on the ground, or that requires location on the ground, or is attached to something having a location on or in the ground. "Structure" does not include fences, or walls used as fences, less than six (6) feet in height, or plant materials. "Swap mat" means a market operating for the We or exchange of merchandise at retail by a number of sellers. This does not include "garage sales" as referenced in Chap- ter 5.88 of this code, which is a sale from a residence or residential property of Personal Property which has been owned or used previously by an individual or resident re- siding on the premises where the sale is conducted. "Tandem parking" means the placement of parking spaces one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space. "relecommuting" means using your home, or a spedfi- cally designated facility, as a place of work. 'Temporary special use permit" means a use which by its nature will not normally exist for more than ninety (90) days at the Proposed location. Said use may normally be allowed to exist only under a development or conditional use Permit; however, due to the temporary nature of the Proposed use it is considered an allowed use if granted a zone clearance for the time specified Examples of this can be uses such as churches in school facilities, outdoor eating at testaments, rue of public buildings for nongovern- mental purposes, etc. Through Lot. See Lot Through. 'Timber" means trees of any species maintained for evennral harvest for forest product Proposes, whether planted (Mooryark 11 -95) 304 or of a natural growth, standing or down, on privately or publicly owned lend, including Christmas trees but exclud- ing nursery stock. •Townhouse development" means a subdivision consist- ing of attached dwelling units in conjunction with a separate lot or lots of common ownership, wherein each dwelling unit has at least one (1) vortical wall extending firm ground to roof' dividing it from adjoining units, and each unit is separately owned, with the owner of such unit having title to the land on which it sits. 'Transportation demand management (TDM) facilities ordinance" means alternative travel behavior, usually on the part of the commuters, through programs of incentives, services and policies. The TDM facilities ordinance address_ es alternatives to single- occupancy motor vehicles such as carpooling and vanpooing, telecommuting, and changes in work schedules that move trips out of the peak travel Period or altogether eliminate them (as in the case of compressed workweeks). "Transportation information board" means a bulletin board, display case or kiosk displaying transportation information. The board must be located where it is likely to be seen by the greatest number of employees. 'Transportation services" means establishments primarily engaged in undertaking the transportation of goods and, People for compensation, and which may in turn make use of other transportation establishments in effecting delivery. This definition includes parking lots for overnight truck storage, and such establishments as commercial distribution services, freight forwarding services and freight agencies. "Use" means the purpose for which land or a building or structure is arranged, designed or intended to be used, or for which-it is or may be used, occupied or maintained. "Vanpooling" means a group of at least seven (7) commuters traveling to work in a vehicle designed to carry more than six (6) but less than sixteen (16) persons, includ- ing the driver, which is maintained and used primarily for work - related transportation of commuters for the purpose of ridesharing. "Wall" means an upright structure of building material, such as masonry, wood or plaster, serving to enclose, divide or protect an area, especially a vertical construction forming an inner partition or exterior siding of a building. "Waste treatment and disposal" means public or private disposal facilities or transfer stations, operated for the Purpose of recycling, reclaiming, treating or disposal of garbage, sewage, rubbish, offal, dead animals, oil field wastes, hazardous waste, or other waste material originating on or off the premises. "Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except Mrs otherwise expressly provided herein. Yard, Front "Front yard" means a yard extending be- tween side lot lines across the fiom of a lot, the depth of which is the minimum horizontal dish me (setback) between the rear lot line and a line parallel thereto on the lot Yard, Side. "Side yard" means a yard extending from the front yard, or the front lot line where no front yard is required, to the rear yard; the width of the required side yard (setback) shall be measured horizontally from the nearest part of the side lot line. `Inning clearance" means a permit which certifies that a proposed structure and/or use of land meets all require- ments of the city's zoning code and, if applicable, the conditions of any previously approved permit (Ord. 208 § 3 ( part), 1995; Ord 200 13 (part), 1994: Ord. 189 § 3 (1802 -0), 1994) 17.08.010 Chapter 17.12 ESTABLISHMENT OF ZONES, BOUNDARIES AND MAPS Sections: 17.12.010 Purpose and establishment of 17.12.020 zones. Subzones. 17.12.030 Uncertainty of zone boundaries, 17.12.040 Establishment and changes of zone classifications. 17.12.010 Purpasa and establishment of zones. In order to classify, regulate and segregate uses of lands and buildings; to regulate the height and size of buildings; to regulate the area of yards and other open spaces around buildings; and to regulate the density of population, the following classes of use zones and their subzones are established: A- Open space (O-S) zone; B. Agricultural exclusive (A -E) zone; C. Rural agricultural (R -A) zone; D. Rural exclusive (R -E) zone; E. Single-4amily estate (R -0) zone; F. Single-family residential (R -1) zone; G. Two-family residential (R -2) zone; H. Residential planned development (R -P -D) zone; I. Commercial office (C-O) zone; J. Neighborhood commercial (C -1) zone; K. General commercial (C -2) zone; L.. Commercial planned development (C -P -D) zone; M. Industrial park (M -1) zone; N. Limited industrial (M -2) zone; O. Planned community (P-C) zone; P. Specific plan (S -P) zone. (Ord. 189 § 3 (8103 -0), 1994) 17.12.020 Subzones. A. Lot Sire Subzones. The size of lots created in each of the O-S, A -E, R -A, R -E, R -0, R -1 and R -2 subzones may be determined by a suffix number attached to the zone designation on the zoning maps. The application of said suffixes shall be consistent with the general plan and Chapter 17.24. All other tequhements of the zone contained in this tide shall apply to the respective subzones. The suffix numbers shall only be assigned in one thousand (1,000) squa:e foot increments for lots of less than one (1) acre and increments of one acre for lots of one (1) acre or more. Unless designated as acres, suffix numbers from 1 through 43 are assumed to be in thousands of square feet The ap- plication of suffix numbers shall not create lot sizes less 305 Wompwk 11 -95) EXHIBIT 3 Chapter 17.16 PURPOSES OF ZONES Sections: 17.16.010 Purpose. 17.16.020 Open space/agricultin-W zones, 17.16.030 Rural residential zones. 17.16.040 Urban residential zones 17.16.050 Commercial zones. 17.16.060 Industrial zones 17.16.070 Special purpose zones 17.16.080 Overlay zones 17.16.090 Institutional zones 17.16.010 Purpose. The categories and purposes of land use zones in the city are established as set out in this chapter. (Ord. 189 § 3 (8104-0), 1994) 17.16.020 Open space/agricultural zones. A. Open Space (O-S) Zone. The purpose of this zone is to provide for the conservation of renewable and nonre- newable natural resources of open land area This allows future land use options that are reasonable and compatible uses on open lands in the city. B. Agricultural Exclusive (A -E) Zone. The purpose of this zone is to preserve and protect commercial agricul- tural lands as a limited and irreplaceable resource, to Preserve and maintain agriculture as a major industry in the city and to protect these areas from the encroachment of nomelated uses which, by thaw nature would have detri- mental effects upon the agriculture industry. (Ord. 189 ¢ 3 (8104 -1), 1994) 17.16.030 Rural residential zones A. Rural Agricultural (R-A) Zone. The purpose of this zone is to provide for and maintain a rural setting where a wide range of agricultural uses are permitted while sur- rounding residential land uses are protected. B. Rural Exclusive (R -E) Zone. The purpose of this zone is to provide for and maintain Waal residential areas in conjunction with horticultural activities, and to provide for a limited range of service and institutional uses which are compatible with and complementary to rural residential communities. C. Single - Family Estate (R-O) Zone. The purpose of this zone is to provide areas exclusively for single - family residential estates where a rural atmosphere is maintained by the allowing of a range of horticultural activities as well as animals for recreational purposes. (Ord 189 § 3 (8104 -2), 1994) 17.16.010 17.16.040 Urban residential zones A. Single-Family Residential (R-1) Zone. The purpose Of this zone is to provide for and maintain areas which are appropriate for single - family dwellings on individual lots. B. Two-Family Residential (R -2) Zone. The purpose Of this zone is to provide for and maintain residential areas allowing two (2) single - family dwelling units or a two (2) family dwelling unit on lots which meet the minimum area requirements of this zone. C. Residential Planned Development (R-P-D) Zone. Thu: purpose of this zone is to provide areas for communities which will be developed utilizing modern land planning and unified design techniques; this zone provides a flexible regulatory procedure in order to encourage: 1. Coordinated neighborhood design and compatibility with existing or potential development of stmamding areas; :1. An efficient use of land particularly through the clustering of dwelling units and the preservation of the natural features of sites; 3. Variety and innovation in site design, density and housing unit options, including garden apartments, townhouses and single - family dwellings; Al- Lower housing costs through the reduction of street and utility networks; and 5. Amore varied, attractive and energy-efficient living environment as well as greater opportunities for recreation than would be possible under other zone classifications. (Ord. 189 § 3 (8104 -3), 1994) 17.1.6.050 Commercial zones A. Commercial Office (C -O) Zone. The purpose of this zone is to provide suitable locations for offices and services of a professional, clerical or administrative nature. B. Neighborhood Commercial (C -1) Zone. The purpose of this zone is to provide areas for retail convenience shop- ping; and personal services to meet the daily needs of neighborhood residents. C. General Commercial (C -2) Zone. The purpose of this zone is to provide areas for shopping and personal services that is not limited to meet the daily needs of the immediate neighborhood. D. Commercial Planned Development (C-P -D) Zone. The purpose of this zone is to encourage the development of coordinated, innovative and efficient commercial sites and to provide areas for a wide range of commercial retail and business uses, including stores, shops and offices supplying commodities or performing services for the surrounding community. (Ord. 189 § 3 (8104-4), 1994) 17.16.060 Industrial zones. A. Industrial Park (M -1) Zone. The purpose of this 307 (MOapuk 11-95) EXHIBIT 4 B. Uses shown in the matrix legend as °Pemtittee require a zoning clearance unless exempted under Section 17.20.040. C. Each use is subject to all of the provisions of this title. D. For the purposes of this chapter, any use listed in matrix form which is indented shall be construed as a subheading of the heading under which it is indented. E. Any use requested as an accessory use which is listed in the matrix at Sections 17.20.050 and 17.20.060 as a main use shall be processed in accordance with the indicated requirements of the main use. 1. Retail Sales in Industrial Zones. Retail sales may be allowed in industrial zones under the following provi- sions: a. That the areas used for retail may not exceed twenty percent (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 (Exlxa) and (Exlxb) 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 tide. The following list of specifically prohibited uses is provided for informa- tional purposes, and is not intended to be comprehensive: 1. Nuclear powerplants; 2. Public polo events; 3. Racetracks for horses or motorized vehicles; 4. Stadiums; 5. The parking of motor vehicles on vacant land con- taining no principal use; 6. Retail sales from wheeled vehicles, except as permitted pursuant to Section 17.20.040R. (Ord. 189 § 3 (8105 -1), 1994) 9 1,,. 17.20.020 17.20.030 Uses not listed. Where a proposed land use is not identified in this chap- ter, the director of community development shall review the proposed use when requested to do so by letter and, based upon the characteristics of the use, determine which of the uses listed in this chapter, if any, is equivalent to that proposed. A. Upon a written determination by the director of community development that a proposed unlisted use is equivalent in its nature and intensity to a listed use, the proposed use shall be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what standards affect its establishment, B. Detemminatiorms that specific unlisted uses are equiva- lent to listed uses shall be recorded by the planning depart- ment, and shall be considered for incorporation into the zoning ordinance in the next scheduled ordinance amend- ment. (Ord. 189 § 3 (8105 -2), 1994) 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(BXIXa) and all other provisions of this title: A. Public works projects constructed by the city or its contractors; B. Ordinary maintenance and minor repairs to buildings, not involving structural alterations; C. Permitted sop production, including packing, storage or preliminary processing of crops, where no structures are involved; D. Pemuitted 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 fart 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 sirnilar construction; L. Swimming, wading or ornamental pools designed for a water depth of less than eighteen (18) inches; M. Small public utility structures, such as electrical boxes, transformers and valve apparatus, that have no covered floor area and are attached to the ground by poles, columns or pedestals; EXHIBIT 5 17.20.040 N. Sales or leasing of commercial or industrial office space within an existing building on the same site as the unit or units being sold or leased; O. Play structures, outdoor furniture, and the like, which are exempt from setback requirements pursuant to Section 17.24,040; P. Temporary filming that meets any of the following criteria: 1. Is for current news programs, 2. Is within an existing building, 3. Is during daylight hours for one (1) day in any seven (7) day period, provided that such filming does not involve open flames, explosives, or the construction of sets or other structures; Within 'to E-�r-i-7.36 R. The following types of retail sales from wheeled vehicles, subject to the requirements of all other city departments: I. 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 MM carnival, outdoor festival or similar event, and selling food during such event (Ord. 189 § 3 (8105 -3), 1994) 17.20.050 Permitted uses in open space, agricultural and special purpose zones. Permitted uses in open space, agricultural and special Purpose zones are set out in Table 17.20.050. Note: An approved residential planned development Permit is required for five (5) or more lots in the RA, RO, R -1 and RE zones. The key for Table 17.20.050 is as follows: (Blank] Not permitted ♦ Permitted by zone clearance ■ Administrative permit • Planning commission- approved planned development permit 0 City council - approved planned development pmt 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, Agriculture and agricultural operations (no retail except as indicated). Animal husbandry: Without structures' With structures: total GFA per lot: Up to 1,000 sq. ft. Over 1,000 to 5,000 sq. ft. Over 5,000 to 20,000 sq. ft. Over 20,000 to 100,000 sq. ft. Over 100,000 sq. ft. Apiculture Fish farms More animals than are permitted by Section 17.28.0300 Contractors' service and storage yards and buildings Crop production' Wholesale nursery Firewood operations Greenhouse, hothouses and the like: total GFA per lot:' Up to 1,000 sq. ft 1,000 to 20,000 sq. ft. C il OS AE RA RE RO R1 R2 RPD TP I ♦ ♦ O ♦ ♦ O O O O O O O O O O O O O O O O O O O ♦ ♦ O