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Home My WebLink AboutRES 2003 450 0701RESOLUTION NO. PC- 2003 -450 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 211 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 RESOLUTION NO. PC- 2003 -450 Page 2 WHEREAS, the Community Development Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of the California Code of Regulations (CEQA Guidelines) , and based upon that finding has determined the project to be exempt from further environmental documentation; and WHEREAS, at its meeting of June 17, 2003, and July 1, 2003, the Planning Commission conducted a duly- noticed public hearing on proposed amendments to Chapters 17.20, 17.28, 17.44, 17.60 and 17.68 of the Moorpark Municipal Code pertaining to entitlement and use regulations, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECOMMENDATION: The Planning Commission recommends to the City Council adoption of an ordinance to amend Chapters 17.20, 17.28, 17.44, 17.60 and 17.68 of the Moorpark Municipal Code pertaining to entitlement and use regulations of the Moorpark Municipal Code as recommended by staff and modified by the Commission as shown as Exhibits A. B, and C attached. SECTION 2. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a cause a certified resolution to be filed in the book of original resolutions. RESOLUTION NO. PC- 2003 -450 Page 3 The action of the foregoing direction was approved by the following vote: AYES: Commissioners Pozza and Lauletta, Vice Chair DiCecco and Chair Landis NOES: ABSTAIN: ABSENT: Commissioner Peskay PASSED AND ADOPTED THIS 1st DAY OF July, 2003. �A z.. ?_ A • Kipp 1. tandAF, Ch ' "is aWWo Ba ry /K �iogrelo)ment C mmupi y De Director Exhibit "A ": Amended Chapter 17.20 Exhibit "B ": Amended Chapter 17.28 Exhibit "C ": Amended Chapter 17.44 PROPOSED ZONING ORDINANCE AMENDMENT Chapter 17.20 USES BY ZONE Sections: 17.20.010 Purpose. 17.20.020 Use of matrices. 17.20.030 Uses not listed. 17.20.040 Reserved. 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones. 17.20.060 Permitted uses in commercial and industrial zones. Section 17.20.010 Purpose. The purpose of this Chapter is to provide a comprehensive list of uses that would be allowed through the issuance of a Zoning Clearance and through discretionary permit approval in the various zones within the City. Section 17.20.020 Use of matrices. The use matrices indicate the level of review required for each use. Review requirements are subject to Entitlements — Process and Procedure, Chapter 17.44. Section 17.20.030 Uses not listed. Review of a use that is not shown in the matrices may be initiated by a written request to the community development director and payment of a review fee established by council resolution. The community development director shall review the proposed use within ten (10) calendar days and render a written decision based upon the findings below. A. The proposed use is similar in nature, character, and intensity to one or more of the listed uses B. The review requirements for the proposed use shall be identical to those similar uses upon which the community development director has based the determination. If the community development director determines that the use is similar, the director shall inform the city council of the director's decision and incorporate the use in the next scheduled zoning ordinance amendment. The decision of the director is final unless appealed to council within ten (10) calendar days of the written decision. The appeal shall be filed in accordance with Chapter 17.44. Section 17.20.040 Reserved. EXHIBIT "A" PROPOSED ZONING ORDINANCE AMENDMENT Section 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones. Permitted uses in open space, agricultural, residential and special purpose zones are set forth in Table 17.20.050 below and in the conditions of approval of any applicable residential planned development permits. In addition to the entitlements required by Table 17.20.050, a planned development permit is required for all residential development of five (5) or more units. All uses, as applicable, shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations. Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES [Blank] = Not permitted, [ ♦ ] = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP = Administrative permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD A. AGRICULTURAL USES 1. Animal Husbandry in accordance with Sections 17.20.040 and 17.28.030 a. Without Structures ZC ZC ZC ZC ZC ZC b. With structures of total gross floor areas per lot: - Less than 1,000 s . ft. ZC ZC ZC ZC - 1,001 — 20,000 s . ft AP ZC AP - 20,001 — 100,000 s . ft. CUP AP - >100,000 s . ft. CUP 2. Animal hospital, for large CUP CUP CUP animals 3. Apiculture in accordance ZC ZC AP with Section 17.28.210 4. Crop production where no ZC ZC ZC ZC ZC ZC ZC ZC structures are involved. 5. Greenhouse, hothouse and the like. Minimum property line setbacks shall be 20 -feet. With a total gross floor area per lot: - Less than 1,000 s . ft. ZC ZC ZC ZC ZC ZC ZC - 1,000 — 20,000 s . ft. ZC ZC AP AP CUP - 20,000 — 100,000 s . ft. AP CUP - >100,000 s . ft. CUP CUP 6. Kennels and catteries CUP CUP CUP CUP (domestic) see Section 17.28.030 7. Wholesale nurseries, tree AP AP AP AP AP AP AP AP farms and ornamental plant farms including container plants. Retail sales shall be limited to the requirements of 2 SACommunity Development\DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -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 section 17.28.070 8. Wildlife Sanctuaries CUP CUP 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 sing le family dwellings b. For seven (7) to twelve (12) ZC ZC ZC ZC ZC ZC ZC children, up to 14 children may be allowed when found consistent with Section 1597.456 of the Health and Safety Code 3. Dwellings, single family a. Standard construction, AP AP AP AP AP AP AP AP AP including manufactured housing consistent with Section 17.28.020 C (for five (5) or more homes constructed in the R -A, R -O, R -E, and R -1 zones a planned development permit is required) b. Affordable or senior housing AP AP AP when in compliance with Chapter 17.64 c. Second dwelling units when ZC ZC ZC ZC ZC ZC in compliance with section 17.28.020G 4. Dwellings, two - family or AP AP two single family dwellings on one lot a. Affordable or senior housing AP AP when in compliance with Cha ter 17.64 5. Dwellings, multiple family AP 3 S: \Community Development\DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -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 a. Affordable or senior housing AP when in compliance with Chapter 17.64 6. Mobilehome parks in CUP CUP CUP CUP CUP CUP CUP compliance with the applicable standards of the zone in which it is located. It shall include recreation facilities with minimum distance between structures of ten (10) feet and minimum distances between accessory structures of six (6) feet. 7. Model homes, temporary AP AP AP AP AP AP AP office for the sale of homes or lots in a subdivision that are a part of an approved tentative map and when there is a model complex plan/temporary office plan approved by the community development director. C. PUBLIC AND UASI- PUBLIC USES Zones O -S A -E R -A 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 sales 3. Colleges and universities CUP 4. Communication facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP 5. Energy production from CUP CUP CUP renewable resources 6. Governmental uses CUP CUP CUP CUP CUP CUP CUP CUP CUP including, but not limited to city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities 7. Utility structures (electrical AP AP AP AP AP AP AP AP AP boxes, transformers and valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zoning clearance) D. ACCESSORY AND MISCELLANEOUS USES Zones O -S A -E R -A R -E R -O R -1 R -2 RPD TPD 1. Animal keeping in 4 SACommunity Development\DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -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 accordance with the requirements of Section 17.28.030 a. Apiculture ZC ZC ZC b. Aviaries AP AP AP AP c. Farm animals including horses and ponies subject to the requirements of Section 17.28.30. d. Pet animals are allowed in all zones subject to the requirements of Section 17.28.030C e. Wild animals subject to the AP AP AP requirements of Chapter 6.24. 2. Accessory structures a. balcony, deck, patio covers, ZC ZC ZC ZC ZC ZC ZC ZC room additions, or storage sheds b. Fences and walls less than six (6) feet and retaining walls less than three (3) feet in height, paving and decks when constructed lower than thirty (30) inches above the immediate surrounding natural ade. c. 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. d. 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 5 SXommunity Development\DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones O -S A -E I R -A R -E R -O R -1 R -2 RPD TPD 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 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. Storage of building ZC ZC ZC ZC ZC ZC ZC ZC ZC materials in accordance with the requirements of Section 17.28.160 13. Storage, open consistent with Section 17.28.020F. 14. Soil testing for wells, foundations, septic systems and similar construction. 15. Temporary uses including, TUP TUP TUP TUP TUP TUP TUP TUP TUP but not limited to carnivals, Christmas tree sales, circuses, 6 SACommunity Development\DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -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 festivals, , movie and M -1 M -2 I A. RETAIL AND SERVICE USES 1. Adult businesses CUP television production, sidewalk 2. Automobile/light truck/motorcycle AP AP AP AP AP AP sales, special events, outdoor a. rental (if within 100 -feet of a residentially zoned property a conditional use pen-nit is required) sales, when in compliance with AP AP AP AP installation, tune -ups (with or without hydraulic Chapter 17.44. Issuance of a lifts) (if within 100 -feet of a residentially zoned temporary use permit shall property a conditional use permit is required) take the place of a zoning b. engine rebuilding, transmission repair, steam CUP CUP CUP clearance. Temporary uses c. sales, service and parts lasting more than 180 days CUP CUP 3. Automobile service stations with or without mini- CUP CUP require an AP. CUP marts and with or without beer and wine sales for Section 17.20.060 Permitted uses in commercial and industrial zones. Permitted uses in commercial and industrial zones are set forth in Table 17.20.060 below and in the conditions of approval of any applicable commercial and industrial planned development permits. In addition to the entitlements required by Table 17.20.060, a planned development permit is required in all commercial and industrial zones for any use where the total gross floor area of buildings on the property is 10,000 square feet or greater. All uses, except for those specifically identified as outdoor uses shall be operated within a building. Prior to the issuance of a Zoning Clearance, a discretionary permit, or an exception, the community development director shall verify that the site, use or structure has an approved planned development permit if needed in accordance with this Section and Section 17.44.040(C). All uses shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations. Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted, [ ♦ ] = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP = Administrative permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit Zones CPD C C -1 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 (if within 100 -feet of a residentially zoned property a conditional use pen-nit is required) a. brakes, oil changes tires and shock sales and AP AP AP AP installation, tune -ups (with or without hydraulic lifts) (if within 100 -feet of a residentially zoned property a conditional use permit is required) b. engine rebuilding, transmission repair, steam CUP CUP CUP cleaning, auto body, painting c. sales, service and parts CUP CUP 3. Automobile service stations with or without mini- CUP CUP CUP marts and with or without beer and wine sales for off -site consumption 4. Body piercing and/or tattoo CUP CUP 5. Building supplies (if within 100 -feet of a AP CUP 7 SACommunity Development\DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 GOT M -1 M -2 I residentially zoned property a conditional use permit is required) 6. C ber cafes, video/computer arcades, game rooms CUP CUP CUP 7. Car washes, self - service or automatic with or CUP CUP without automotive services stations 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 AP AP AP 1,000 -feet of any other liquor store or public or private school) (if within 100 -feet of a residentially zoned property a conditional use permit is required) 12. Massage, therapeutic when in compliance with AP AP AP AP Chapter 5.48 (if within 100 -feet of a residentially zoned property a conditional use permit is required) 13. Nurseries with or without container grown plants AP AP AP when all equipment and supplies kept in an enclosed area (if within 100 -feet of a residentially zoned property a conditional use permit is required) 14. Pawnshops when in compliance with Chapter CUP CUP 5.32 15. Pest control services (if within 100 -feet of a AP AP residentially zoned property a conditional use permit is required) 16. Private post offices, parcel services, copy centers ZC ZC ZC ZC (if within 100 -feet of a residentially zoned property a conditional use permit is required) 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 (if within 100 -feet of a residentially zoned property a conditional use permit is required) 21. Rental and leasing of large equipment AP AP with/without outdoor storage and repair (if within 100 -feet of a residentially zoned property a conditional use permit is required) 22. Retail shops and services, except as otherwise ZC ZC ZC ZC indicated in this Table, including, but not limited to antiques, art/art supplies, auto supply, bakery, barbers, beauty salons, bicycle sales /service, book and stationery, camera/photo, carpet sales /cleaning, cigar/cigarette sales, clothing and fabric, computer 8 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 GOT M -1 M -2 I 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 (if within 100 - feet of a residentially zoned property a conditional use permit is required) 23. Retail sales combined with limited distribution AP AP and/or warehousing (if within 100 -feet of a residentially zoned property a conditional use permit is required) 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 (if within 100 -feet of a residentially zoned property a conditional use permit is required) 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. 26. Thrift stores, consignment store (if within 100- ZC ZC ZC feet of a residentially zoned property a conditional use permit is re uired) B. EATING AND DRINKING PLACES 1. Alcoholic beverage sales for off -site consumption when in conjunction with another city approved use AP AP AP AP AP a. beer and/or wine (if within 100 -feet of a residentially zoned property a conditional use permit is required) 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- 9 SACommunity Development\DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 C -OT M -1 M -2 I 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 (if within 100 -feet of a residentially zoned property a conditional use permit is required) b. With or without entertainment and with on -site CUP CUP CUP CUP CUP consumption of beer, wine and other alcoholic beverages and with or without outdoor seating c. With drive -in or drive - through facilities (off -site CUP CUP CUP CUP CUP sale of all alcoholic beverages is prohibited) with or without outdoor seating C. OFFICE AND PROFESSIONAL USES Zones C -2 M -1 M -2 GO C -1 CPD C -OT IPD IPD I 1. Banks and other financial institutions (if within ZC ZC ZC ZC 100 -feet of a residentially zoned property a conditional use permit is required) 2. Laboratories: research and scientific (if within AP ZC ZC 100 -feet of a residentially zoned property a conditional use permit is required) 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 (if within 100 -feet of a residentially zoned property a conditional use permit is re uired) 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) (if within 100 -feet of a residentially zoned property a conditional use permit is required) b. With boarding indoors or outdoors CUP CUP CUP D. MANUFACTURING, ASSEMBLY, AND DISTRIBUTION USES 1. Cement, concrete and plaster, and product CUP fabrication 2. Distribution and transportation facilities CUP CUP 3. Heavy machinery repair, including trucks, tractors CUP and buses 10 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 GOT M -1 M -2 I 4. Manufacturing and assembly including, but not ZC ZC limited to appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with section 17.20.020 (if within 100 -feet of a residentially zoned property a conditional use permit is required) 5. Outdoor storage when in conjunction with a city CUP AP approved use and when all storage is screened by an 8 -foot high masonry wall architecturally matched to the structure. (if within 100 -feet of a residentially zoned property a conditional use pen-nit is required) 6. Warehousing, including self - storage or mini- CUP CUP storage. Self- storage or mini - storage shall not be permitted on parcels adjacent to Arterial Roads or Freeways as shown on the Moorpark Circulation Element Map. 6. Welding (if within 100 -feet of a residentially AP ZC zoned property a conditional use permit is required) E. PUBLIC AND SEMI - PUBLIC USES Zones C -2 M -1 M -2 CO C -1 CPD GOT IPD IPD I 1. Amusement and recreational facilities as defined in Ch apt er 17.08 a. Arcades video and computer) CUP CUP CUP CUP b. Health club /gymnasium/fitness center /spa (if AP AP AP AP CUP within 100 -feet of a residentially zoned property a conditional use permit is required) 2. Places of religious worship 3. Clubhouses, social clubs, service clubs with or AP AP AP AP AP without alcohol (if within 100 -feet of a residentially zoned property a conditional use permit is required) 4. Communication facilities, including wireless CUP CUP CUP CUP CUP CUP CUP 5. Energy production from renewable resources CUP CUP 6. Public education and training facilities including, ZC but not limited to colleges and universities, elementary, middle and high schools, professional and vocational schools 7. Governmental uses including, but not limited to CUP CUP CUP CUP CUP CUP CUP city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities 8. Hospitals including urgent care if within 100 - AP AP AP AP 11 SACommunity Development \DEV PMTS\Z 0 A\2002 \05 Entitlement \Ordinances and Resolutions\PC 030701 Proposed -Use by Zone 17.20.doc PROPOSED ZONING ORDINANCE AMENDMENT Zones CPD C -O C -1 C -2 GOT M -1 M -2 I feet of a residentially zoned property a conditional use permit is required) 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. (if within 100 -feet of a residentially zoned property a conditional use permit is required) 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 (if within 100 -feet of a residentially zoned property a conditional use permit is required) 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. 12 SACommunity Development \DEV PMTS\Z 0 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 antennas shall be used. All units are encouraged to be color - coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. Where feasible, support structures shall be screened from public view. The most unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to main or accessory buildings in order to provide background screening for the support structure. The height, nature, texture and color of all materials to be used for the installation, including landscape materials, shall be submitted with the permit application. B. Home Occupations. See Chapter 5.88. C. Mobilehomes and Manufactured Housing. 1. Mobilehome Construction. Mobilehomes may be used as single - family dwellings if the mobilehome was constructed on or after June 15, 1976. Mobilehomes used as second dwellings are subject to this date limitation. 2. Mobilehome Foundation System. Mobilehomes which are used as single - family EXHIBIT "B„ PROPOSED ZONING ORDINANCE AMENDMENT residences or as caretaker or farm worker dwellings shall be installed on a foundation system in compliance with Chapter 2, Article 7, Section 1333 of Title 25 of the California Administrative Code. Nonconforming mobilehomes renewed under a continuation permit shall be in compliance with the applicable provisions of Chapter 2, Article 7 of Title 25. 3. Exterior Siding. Exterior siding of a single - family dwelling shall extend to the ground level, or to the top of the deck or structural platform where the dwelling is supported on an exposed pile foundation complying with the requirements of Sections 2908 and 2909 of the Uniform Building Code, or to the top of a perimeter foundation. For mobilehomes used as caretaker or farm worker dwellings, manufactured mobilehome skirting shall completely enclose the mobilehome, including the tongue, with a color and material that will be compatible with the mobilehome. The siding shall be covered with an exterior material customarily used on conventional dwellings and approved by the department of community development. 4. Site Plan and Elevations. The site plans and elevations of the proposed housing unit are subject to review and approval of the department of community development. Applicants are required to submit designs which are in keeping with the overall character and quality of the neighborhood and community. 5. Roof Pitch. The mobile home or manufactured housing unit shall have a roof with a pitch of not less than two (2) inches vertical rise for each twelve (12) inches of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the department of community development and the building official. 6. Porches and Eaves. The mobile home or manufactured housing unit may be required to have porches and eaves, or roofs with eaves when, in the opinion of the department of community development, it is necessary to make it compatible with the dwellings in the area. D. Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction. A mobilehome or recreational vehicle may be used for living purposes for a twelve (12) month period by the owner (s) of a lot for which a building permit has been issued, is in full force and effect on the same site, and construction is underway. The community development director may grant one (1) additional twelve (12) month time extension if substantial progress toward construction of the principal residence is being made. Said mobilehome or recreational vehicle shall be connected to the permanent water supply and sewage disposal system approved by the Ventura County environmental health division for the structure under construction. Within forty - five (45) days after the issuance of a zoning clearance for occupancy the mobilehome or recreational vehicle shall cease use as a dwelling, be disconnected from such systems, and shall be removed from the site. A temporary mobilehome or recreational vehicle may be accessory to construction on adjacent lots under the same ownership as the lot on which the mobilehome or recreational vehicle is installed. In no case shall the mobilehome or recreation vehicle be rented, leased or otherwise occupied by a non -owner of the lot. A bond or cash deposit shall be required in the amount to cover removal of the temporary mobilehome prior to receiving city approval for the placement of the temporary dwelling. The amount of the deposit shall be determined by the community development director. E. Reserved. F. Open Storage. 1. There shall be no open storage in any front or street -side setback, or in an area three (3) feet wide along interior side lot lines. 2. On lots of twenty thousand (20,000) square feet or smaller, open storage shall not exceed an aggregate area of two hundred (200) square feet. On lots greater in area than twenty thousand (20,000) square feet, the aggregate area shall not exceed one percent (I%) of the total lot area, up to a maximum of one thousand (1,000) square feet. Lots of forty (40) acres or more in the O -S and A -E zones are permitted a maximum of two thousand (2,000) square feet of open storage, provided that all open storage exceeding one thousand (1,000) square feet is screened from view from all public rights -of -way within three hundred (300) feet of such additional storage area. SACommunity Development \ADMIN \COMMISSION\Final Reso \pc 450 Entitlement 17.28 Exhibit B.doc PROPOSED ZONING ORDINANCE AMENDMENT 3. With the exception of boats and unstacked automotive vehicles, the materials shall be limited to a height of six (6) feet. 4. Open storage must be accessory to the principal use of the property, and not related to any off -site commercial business or activity. 5. The following are not considered to fall within the definition of open storage, and are therefore exempt from the above open storage regulations: a. Materials or equipment kept on any lot for use in construction of any building or room addition on said lot for which a zoning clearance and necessary building permits are obtained and in force, provided that such storage is neat and orderly, and does not exceed an area equal to the gross floor area of the building or addition under construction. Stored materials shall be installed within one hundred eighty (180) days of their placement on the lot; however, the community development director may grant a time extension for good cause, based on a written request from the applicant; b. Items used periodically or continuously on the property by the resident(s) thereof, such as outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor cooking equipment, and recreational equipment, accessory to the principal use; c. Operative vehicles, boats, vehicles, or other items placed on trailers which are operative and licensed for travel on public thoroughfares; d. One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one (1) location on the lot. G. Second Dwelling. 1. Standards and Requirements. A second dwelling, as defined in Section 17.08.010, requires approval of a zoning clearance, and compliance with all of the following standards and requirements: a. A second dwelling shall only be permitted on a residential zoned lot that is one -fourth acre (ten thousand eight hundred ninety (10,890) square feet) or larger in size and shall be a lot which conforms to the minimum lot width, depth and size of the zone in which it is located. b. The lot on which a second dwelling is to be constructed shall contain an existing single - family dwelling, which is owner occupied at the time of application for a zoning clearance and building permit for the second dwelling. c. The maximum size of the second dwelling shall be no larger than the primary dwelling and shall be limited to the following lot size limitations: Lot Size Max. 2nd Unit Size ins . ft. 10,890 — 21,780 s . ft. 800 21,781 — 43,560 s . ft. 900 1 — 5 acres 1,000 >5 acres 19100 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 S: \Community Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.28 Exhibit B.doc PROPOSED ZONING ORDINANCE AMENDMENT dwelling through use of the appropriate building form, height, materials and color. The roof material used for the second dwelling shall be equal to or of higher quality than that used for the existing single - family dwelling. i. The only accessory structures that may be attached to, or share a common wall with, a detached second dwelling are a garage or carport. j. The following parking standards shall apply: k. The number of parking spaces required shall be as follows: (A) One (1) covered or uncovered parking space for studio or one bedroom units. (B) Two (2) covered or uncovered parking spaces for two (2) bedroom units. For more than two (2) bedroom units additional parking may be required provided that the community development director finds that additional parking is directly related to the use of the second unit and is consistent with the existing neighborhood standards applicable to the existing dwellings. (i) The size of each required off - street parking space shall be an unobstructed minimum of nine (9) feet wide by twenty (20) feet long. (ii) The parking space(s) provided for the second dwelling shall not be located in a required dwelling unit setback and shall be paved. (iii) The required off - street parking space(s) for a second dwelling shall be in addition to the parking required for the existing single - family dwelling, and shall be located on the same lot as the existing single - family and second dwellings. (iv) Vehicular 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. 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 (B)(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. SACommunity Deve lopment\ADMIN \COMMISSION\Final Reso \pc 450 Entitlement 17.28 Exhibit B.doc PROPOSED ZONING ORDINANCE AMENDMENT 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. 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 Permitted',' Distance Separation Area Requirements3 Required O -S 10,000 sq. ft. Lots < 20,000 sq. ft.: two units4. Lots Except for movement on and A -E 20,000 sq. ft. to 10 acres: 1 unit per 10,000 off the property, animals shall R -A sq. ft. of lot area. not be kept, maintained or Lots > 10 acres: no limit. used in any way, inside or outside of any structure, R -O 20,000 sq. ft. Horses /ponies: 3 units plus 1 unit per 30,000 sq. ft. of total lot area. within 40 feet of a structure Other animals: 1 unit per 10,000 sq. ft. of used for human occupancy total lot area. other than the owner's residence. R -E 10,000 sq. ft. 2 units minimum plus 1 unit per 20,000 sq. ft. of total lot area.4 R -1 20,000 sq. ft. I 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 SACommunity Development \ADMIN \COMMISSION\Final Reso \pc 450 Entitlement 17.28 Exhibit B.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 (I/ 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 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 maturit .05 Goat, female 0.33 Racing Pigeon .05 Goat, male 0.5 Sheep 0.33 Goose 0.16 Turke 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 devoted to animal use and the assessor parcel numbers of all contiguous properties; and 3. A letter of consent from each resident located within one hundred (100) feet of where the horses are to be kept, maintained or used in any other way. The letter shall contain the assessor parcel number, address and telephone number of the contiguous resident, and shall state that the contiguous resident is agreeable to the requested keeping of horses and to the requested reduction of the distance separation requirements. F. Apiculture. 1. Street Separation. No beehive or box shall be located or maintained within one hundred fifty (150) feet of any public road, street or highway, or as determined by the community development director. 2. Apiary Location. A beehive or box shall be located or maintained a safe distance from an urbanized area. For the purpose of this section, an urbanized area is defined as an area containing three (3) or more dwelling units per acre. As the size of the area increases, the number of SACommunity Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.28 Exhibit B.doc PROPOSED ZONING ORDINANCE AMENDMENT 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 of any property line common to other property except that it may be adjoining the property line when such other property contains an apiary, or upon mutual agreement for such location with the adjoining property owner. 5. Water. Available adequate and suitable water supply shall be maintained on the property near the apiaries at all times. (Ord. 189 § 3 (8107 -2), 1994) Section 17.28.040 Auto, boat and trailer sales lots. New and used automobile, trailer and boat sales yards are subject to the following conditions: A. No repair or reconditioning of automobiles, trailers or boats shall be permitted unless such work is accessory to the principal retail use and is done entirely within an enclosed building. B. Except for required landscaping, the entire open area of the premises shall be surfaced with concrete or asphaltic concrete. Section 17.28.050 Reserved. Section 17.28.060 Reserved. Section 17.28.070 Produce stands. A. One (1) produce stand per lot is allowed. B. The produce stand shall be accessory to the permitted crop production on the same lot, and only if at least ninety -five percent (95 %) of the area of the lot is devoted to crop production. C. A produce stand may sell raw unprocessed fruits, vegetables, nuts, seeds, cut flowers, and ornamental plants grown on the same lot and on other lots, under the same ownership, which are located in the city. D. The floor area of the produce stand shall not exceed four hundred (400) square feet. E. The produce stand shall be setback at least thirty (30) feet from any public road, street or highway. This setback area shall be kept free and clear of impediments in order to provide an area for off - street parking. F. The construction thereof shall be of a temporary nature and shall not include a permanent foundation. G. One (1) freestanding sign a maximum height of eight (8) feet and a maximum of thirty - two (32) square feet and one (1) sign attached to the produce stand, in addition to signs otherwise allowed on the property pursuant to Chapter 17.40, are allowed. Section 17.28.080 — 17.28.110 Reserved. Section 17.28.120 Motion picture and TV production, temporary. Such outdoor filming shall not result in high or unreasonable levels of light, glare or noise being directed toward neighboring properties, and shall not cause disturbances in normal traffic flows, nor cause damage to flora or fauna. The applicant shall obtain the appropriate permits and approvals from the city and other city departments, and shall restore the property to its original condition when such filming is completed. The time limits stated in Chapter 17.20 for temporary filming apply to individual lots. (Ord. 189 § 3 (8107 -11), 1994) Section 17.28.130 Outdoor sales and services, temporary. Such uses are permitted for one (1) calendar day in any ninety (90) day period, provided that they do not disrupt normal traffic flows and do not result in the blocking of public rights -of -way, parking lot aisles or required parking spaces. All related facilities and materials shall be removed on the departure of the use. (Ord. 189 § 3 (8107 -12), 1994) SACoinmunity Development \ADMIN \COMMISSION\Finat Reso \pc 450 Entitlement 17.28 Exhibit B.doc PROPOSED ZONING ORDINANCE AMENDMENT Section 17.28.140 Christmas tree sales. The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during the forty -five (45) day period immediately preceding December 25th. Such sales activities shall not disrupt normal traffic flows, nor result in the blocking of public rights -of -way, parking lot aisles or required parking spaces. All related structures, facilities and materials shall be removed by December 31 st of the same year. Christmas tree sales are allowed one (1) temporary, unlighted identification sign not exceeding twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13), 1994) Section 17.28.150 Temporary buildings during construction. A mobilehome, recreational vehicle or commercial coach may be used as a temporary dwelling unit or office on a construction site in accordance with Section 17.20.060, provided that a building permit for such construction is in full force and effect on the same site. The unit shall be connected to a water supply and sewage disposal system approved by the Ventura County environmental health division, and shall be removed from the site within forty -five (45) days after a clearance for occupancy is issued by the city department of building and safety. (Ord. 189 § 3 (8107 -14), 1994) Section 17.28.160 Storage of building materials, temporary. The temporary storage of construction materials is permitted on a lot adjacent to one on which a valid zoning clearance and building permit allowing such construction is in force, or on a project site within a recorded subdivision. Such storage is permitted during construction and for forty -five (45) days thereafter. (Ord. 189 § 3 (8107 -15), 1994) Section 17.28.170 — 17.28.230 Reserved. Section 17.28.240 Bicycle and Skate Parks. A. Purpose. The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for the design, placement and use of facilities and structures (hereinafter referred to as "Facilities ") for bicycles and skates such as, but not limited to: skateboards, bicycles, unicycles, tricycles and roller skates. Such regulations are established to minimize the impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy, traffic congestion, trespassing, and risk of damage or injury from flying projectiles and debris. B. Application. 1. Facilities less than forty -two (42) inches in height above adjacent finished grade level, which cover less than thirty -two (32) square feet of aggregate ground area, and do not have a platform on which to stand, are exempt from the requirements of subsections C through I of this section. Such exempt facilities must otherwise meet the provisions of the zoning ordinance. 2. Those Facilities not exempt may be permitted upon issuance of a zoning clearance provided all standards of this title are met. 3. Facilities that exceed the standards set forth in subsections C through G of this section may be authorized by a conditional use permit approved by the director of community development. C. Size. No point on a facility shall extend more than eight (8) feet above adjacent finished grade level and no facility or collection of facilities on a given lot shall cover more than four hundred (400) square feet of aggregate ground area. D. Setbacks. All facilities shall be set back the following distances from all other structures and property lines: 1. All Facilities shall be set back a minimum of six (6) feet from all other structures. 2. All Facilities shall be set back a minimum of twenty (20) feet from all property lines with an additional five (5) feet of setback required for each one (1) foot increase of height over six (6) feet above adjacent finished grade level. 3. Facilities shall not be located in the area between the public or private right -of -way and the front of any building on the site, unless the facility is not visible from the public or private SACommunity Development\ADM1N \COMMISSION \Final Reso \pc 450 Entitlement 17.28 Exhibit B.doc PROPOSED ZONING ORDINANCE AMENDMENT right -of -way or neighboring building and otherwise conforms to the applicable setback requirements. E. Construction Standards. All facilities shall be constructed so as to minimize visual and auditory impacts. 1. The sides of all Facilities that are above ground, not including any rails, shall be enclosed with a solid material, such as plywood. 2. Spaces between finished grade and the lower, horizontal surfaces of the Facility shall be 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 signs of any kind shall not be affixed to the facility, if visible from neighboring properties. Signage for the Facilities shall be in accordance with Chapter 17.40. F. Hours of Operation. The use of Facilities shall be limited to daylight hours between nine (9:00) a.m. and seven (7:00) p.m., Monday through Saturday. G. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner. H. Removal. Facilities shall be removed within ninety (90) days when no longer used, or capable of being safely used for their intended purpose. I. Hold Harmless. The permittee shall provide the city with a hold harmless agreement, acceptable to the city, prior to the issuance of a zoning clearance, which provides, in substance, that the permittee agrees to hold the city harmless, indemnify and defend the city for any loss or damage to property, or injury or loss of life arising out of the use authorized by this zoning clearance. Section 17.28.250 Reserved. S: \Community Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.28 Exhibit B.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 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 as specified by chapter 17.20 of this title that are to be established for a temporary period of time (not to exceed ninety (90) days). Temporary use permit applications require review and approval by the community development director to assure compliance with the requirements of this title, and may be conditioned to protect the health, safety, life, or property of the applicant or the public. One additional ninety (90) day extension to a temporary use permit may be granted. A temporary use permit may be revoked by the community development director prior to the expiration date based upon information that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the public. B. Administrative Permit (AP). An administrative permit is required prior to the initiation of uses and structures in a given zone as specified in chapter 17.20 of this title where review and approval by the community development director is required to assure compliance with the provisions of the Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural review. Notice of a pending decision on an administrative permit shall be mailed by the community development director to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning compliance of the proposed use or structure with the general plan, municipal code, or other applicable regulations will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the permit, deny the permit, or approve the permit subject to conditions necessary for the proposed use or structure to comply with the general plan, municipal code, and any other applicable regulations. C. Planned Development PD, Permit. A planned development permit is required prior to initiation of uses and structures in a given zone as specified in chapter 17.20 of this title where review by the planning commission and city council through a public hearing process is required to assure the project design complies with the provisions of this title and the general plan, and is compatible with neighboring properties. A planned development permit application is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations, architectural styles and colors of all proposed buildings, structures and other on -site improvements, landscaping design, neighborhood design, and permitted land uses shall be established as part of the planned development permit review and approval process. Any change to the initial permitted land uses shall require a modification consistent with the requirements of section 17.44.100. The planning commission and city council shall each hold at least one (1) public hearing on any planned development permit application. Following a public hearing, the planning commission shall make a written recommendation to the city council whether to approve, conditionally approve, or deny the application. The city council shall be the decision authority for all planned development permits. Prior to approving, conditionally approving, or denying an application for a planned development permit, the city council shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a planned development permit to be approved, the city council shall find that: 1. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any SACommunity Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.44 Exhibit C.doc PROPOSED ZONING ORDINANCE AMENDMENT applicable specific plans, zoning ordinance, and any other applicable regulations; 2. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area; and 3. The proposed uses are compatible with existing and permitted uses in the surrounding area. D. Conditional Use Permit (CM. A conditional use permit is required prior to initiation of uses in a given zone as specified by chapter 17.20 of this title where review by the city council through a public hearing process is required to determine if the proposed use complies with all necessary findings listed in this subsection. A conditional use permit is not allowed as a matter of right, but is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Prior to approving, conditionally approving, or denying an application for a conditional use permit, the city council shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a conditional use permit to be approved, the city council shall find that: 1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations; 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area; 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties; 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses; and 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare. 6. Additional Finding for Hazardous Waste Facilities. The following additional finding is required for the approval of conditional use permits for hazardous waste facilities: a. The proposed hazardous waste facility is consistent with the portions of the county hazardous waste management plan that identify specific sites or siting criteria for hazardous waste facilities. 7. Additional Findings for Establishments Selling Alcoholic Beverages. The following additional findings are required for the approval of conditional use permits for establishments selling alcoholic beverages: a. The use will not result in an over concentration in the area of establishments selling alcoholic beverages; b. The use will serve a public convenience; C. The use will not create the need for increased police services; d. The requested use at the proposed location will not adversely affect the economic welfare of the community; and e. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. E. Variance. A variance is an adjustment in the regulations contained in this title. A variance is based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off - street parking, landscaping and wall, fencing and screening standards. A variance shall be processed in accordance with the provisions of this title. A variance may not be granted to authorize a use or activity as a substitute to an amendment to these zoning regulations. Except as provided in subsection F of this section, variance requests shall be heard and decided by the planning commission through a public hearing process. Prior to approving, conditionally approving, or denying an application for a variance, the planning commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a variance to be approved, the decision - making authority SACommunity Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.44 Exhibit C.doc PROPOSED ZONING ORDINANCE AMENDMENT shall find that: 1. There are special circumstances applicable to the subject property with regard to size, shape, topography, location or surroundings, such that the strict application of the zoning regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts; and 2. The granting the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone; and 3. The strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and 4. The granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties; and 5. The granting of a variance in conjunction with a hazardous waste facility will be consistent with the portions of the county's hazardous waste management plan (CHWMP) that identify specific sites or siting criteria for hazardous waste facilities. F. Administrative Exception. 1. An administrative exception may be granted by the community development director for minor adjustments to the zoning regulations. An administrative exception may be granted only in the following situations: a. To allow a decrease of up to twenty percent (20 %) in any required minimum setback, provided that such exception may be granted only once from the minimum standard adopted by this code or any planned development permit approved consistent with this code; b. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one (1) foot in setback areas, except in a required sight triangle; C. To allow an increase up to ten percent (10 %) for maximum building coverage, sign area or sign height; d. To allow up to a five- percent (5 %) decrease in the required lot area for second units. 2. A notice of a pending decision on an administrative exception shall be mailed out to the adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments concerning the administrative exception will be accepted during the period before the date of the decision. After the comment period has ended, the community development director may approve the exception, deny the exception, or approve the exception subject to conditions, if necessary for the exception to comply with the general plan, municipal code, and any other applicable regulations. The director's decision is final unless appealed within ten (10) day in accordance with section 17.44.090. In the approval of an administrative exception the director shall find that: a. The granting of the exception will not create negative impacts to abutting properties; and b. The strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and C. The granting of the exception is consistent with the general plan and/or any applicable specific plan. Section 17.44.050 Amendments to the general plan, specific plans, zoning map, and zoning code. A. Authority. The adoption or amendment of a general plan element or map, specific plan, zoning map or zoning ordinance is a legislative act. The planning commission and city council shall each hold at least one (1) public hearing on any general plan, specific plan, or zoning amendment request. Following a public hearing, the planning commission shall make a written recommendation to the city council whether to approve, approve in modified form, or disapprove any proposed amendment. The city council shall be the decision authority for all general plan amendments, specific plans, and zoning amendment requests. SACommunity Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.44 Exhibit C.doc PROPOSED ZONING ORDINANCE AMENDMENT B. Initiation. Proposals to amend the general plan, any specific plan, the zoning map or zoning code may be initiated by either of the following methods: 1. By the owner or the owners agent of the affected property filing an application with the community development director. 2. By the adoption of a resolution of intent by the city council either directly or upon the recommendation of either the planning commission or the community development director. C. Pre - Screening. Applications for general plan amendments proposed pursuant to Section 17.44.050(B)(1) shall only be accepted following successful completion of a pre - screening application review as established by resolution of the city council. D. Study of Additional Area. The community development director, upon review of an application or resolution of intention for an amendment to the general plan map, any specific plan map, or zoning map may elect to process the study of additional areas for amendment concurrently with the amendment request. Section 17.44.060 Filing and processing of applications. A. Submission of Applications. An application for a zoning clearance, discretionary permit or variance, or an amendment or adoption of a general plan element or map, specific plan, zoning map or zoning ordinance may be filed by the owner of the affected property or by an agent authorized by the affected property owner. The application shall be filed with the community development director, conform to the requirements of this title, contain all required materials and information prescribed by the forms supplied by the community development director, and be accompanied by the appropriate processing fees as established by city council resolution. B. Fees. 1. Payment at Time of Application Submittal. Each application request shall be accompanied by payment of the required fee established by Resolution of city council. No filing fee shall be charged or collected for any application or appeal filed and signed by two planning commissioners or any individual city councilmember in their official capacity. 2. Reimbursement for Code Enforcement Activities. Where a use has commenced, or construction has begun prior to the granting of any required zoning clearance, discretionary permit or exception, or amendment or adoption of a general plan element or map, specific plan, zoning map or zoning ordinance, the applicant shall submit additional fees to cover the costs associated with code enforcement activities at the time the application is submitted as determined by the community development director. Payment of such additional fees shall not relieve persons from fully complying with the requirements of this code, nor from any other penalties prescribed herein. 3. Failure to Pay. In the event that all fees and charges have not been paid prior to action on the permit or variance the community development director shall include, as a condition of approval, the requirement to pay all outstanding fees and charges consistent with the adopted city council fee resolution. C. Existing Violations. No application pursuant to this title shall be accepted for processing if there is an existing violation of the zoning ordinance, subdivision ordinance or municipal code on the affected lot or building, until the violation is abated, unless the community development director has determined that acceptance of the application is necessary to abate the existing violation. D. Reapplication. No application pursuant to this title shall be accepted for processing for one (1) year after a denial decision has become effective on a similar application as determined by the community development director. E. Content of Applications. The content of applications shall be determined by the community development director and may include, but not be limited to site plans, building or structure elevations (in color with building materials identified), floor plans, samples of exterior finishing materials, and identification of development phases, if any. F. Completeness of Application. A determination as to the completeness of an application pursuant to this title shall be made by the community development director and the applicant shall be SACommunity Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.44 Exhibit C.doc PROPOSED ZONING ORDINANCE AMENDMENT notified in writing of this determination no later than thirty (30) calendar days after the city has accepted an application under this title. Legislative acts, such as general plan amendments, zoning ordinance amendments, zone changes, amendments to specific plans, specific plan adoption, and development agreements, are not subject to this requirement. Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of ninety (90) days from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this ninety (90) day period may be granted by the community development director upon written request by the applicant showing good cause. G. Review and Conditioning of Applications. 1. Agency Review. The community development director or designee may solicit comments and recommendations on a permit or variance application from any city department, permitting agency, service provider, and other interested party as deemed appropriate by the director or designee for the specific application. 2. Consultant Review. The community development director or designee may refer any application request to an independent, qualified consultant for review and evaluation of issues beyond the expertise or staffing capabilities of the city. The costs for all such consultant work combined with the administrative charge in effect at the time for management of the consultant contract shall be borne by the applicant and are independent of the fees paid to the city for the processing of the application request. 3. Securities. Except as otherwise specified in this title, the decision - making authority may require a performance security on any discretionary entitlement as a condition of such entitlement. The security(s) shall be filed in a form acceptable to the city attorney and certified by the city clerk. a. The required amount of the security(s) may be increased periodically by the community development director in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that the same relative value of the security is maintained over the life of the permit, and to assure that performance securities continue to reflect the actual anticipated costs for completing a required task. No security shall be released until after all of the applicable conditions of the permit have been met. b. In the event of any failure by the applicant to perform or comply with any term or condition of a discretionary entitlement, the decision - making authority may, after notice to the applicant and after a public hearing, determine by resolution the amount of the penalty, and declare all or part of the security forfeited. The applicant will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the city. The forfeiture of any security shall not insulate the applicant from liability in excess of the sum of the security for damages or injury, nor from expense or liability suffered by the city from any breach by the applicant of any term or condition of the discretionary entitlement or of any applicable ordinance or of the security. C. The applicant shall maintain the minimum specified amount of a penal security throughout the life of the entitlement. Within thirty (30) days of any forfeiture of a penalty security, the applicant shall restore the security to the required level. 4. Abandoned 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. S: \Community Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.44 Exhibit C.doc PROPOSED ZONING ORDINANCE AMENDMENT The notice shall include the date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. 1. Publication. The community development director shall give notice of the public hearing, consistent with the requirements of this section by publication at least ten (10) days prior to the hearing in a newspaper of general circulation within the city, unless otherwise required by State or Federal statute. 2. Mailing. The community development director shall mail the notice of the public hearing on permit or variance applications pursuant to Government Code Section 65091, as the same may be amended from time to time. Notices shall be mailed to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one - thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing for all applications except applications affecting property completely within the downtown specific plan boundaries and applications affecting one (1) single - family residence, where notices shall be mailed to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within three- hundred (300) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. If the number of owners to whom notice would be mailed is greater than 1,000, the community development director may provide notice by placing a display advertisement of at least one - eighth page in a newspaper of general circulation within the city at least ten (10) calendar days prior to the hearing. In the case of appeal hearings, notice shall also be mailed to the appellant and the decision - making authority whose order, requirement, permit, decision or determination is the subject of the appeal at least ten (10) calendar days prior to the hearing. 3. Sign. a. At least eleven (11) calendar days prior to the date of the public hearing, the applicant shall install at least one non - illuminated sign on the subject property to notice the hearing. The sign shall be thirty -two (32) square feet in area, not exceed eight (8) feet in height, and be placed in an area of the property most visible to the public, not more than five (5) feet from the front property line in residential areas, and not more than one (1) foot from the front property line in commercial and industrial areas. At least one (1) sign for every five hundred (500) feet of street frontage shall be displayed per street frontage of the subject property. The community development director may reduce the number of signs, however the reduction shall be no less than one sign per street frontage. b. The heading of the sign shall state: "Notice of public hearing on proposed development (fill in the application name provided by the community development director) Case No. (fill in the case number provided by the community development director)." The content of the sign shall describe the type of project (residential, industrial or commercial), including the square footage, number of units, etc. Adjectives such as "luxurious" or "elegant" shall not be used. The date, time and location of the public hearing, and the telephone numbers and e -mail addresses of the developer and of case planner assigned to the application shall also be included on the sign. The public hearing sign shall not contain any additional information unless approved by the community development director. C. The sign shall be removed from the property not more than twelve (12) calendar days after the final action by the city on the application. B. Hearing Process. For all discretionary entitlement applications with the exception of administrative permits, temporary use permits, and administrative exceptions, the decision - making authority(s) shall hold at least one (1) public hearing. At least three (3) working days prior to such hearing, the community development director shall prepare a report on the project, along with any recommendations, and provide copies of the report to the decision - making authority, the applicant and parties requesting copies of the report. Presentation of the director's report and the public hearing process shall follow the hearing process as described in the adopted rules of the planning commission and city council. C. Referral for Information, Report, or Study. The planning commission may refer an application back to the community development director for further report, information, or study. The city council may refer a matter back to the planning commission or the community development director for further report, information or study. SACommunity Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.44 Exhibit C.doc PROPOSED ZONING ORDINANCE AMENDMENT Section 17.44.080 Decisions. A. Decision Options. The decision - making authority reviewing an application for a discretionary permit or exception may approve, conditionally approve, deny or modify, wholly or partly, the application being reviewed. The authority may impose such conditions and limitations as it deems necessary to assure that the general purpose and intent of this title and the Moorpark Municipal Code will be observed. All conditions and restrictions applied to a decision on an application shall automatically continue to govern and limit the subject use or structure unless the action of the decision - making authority clearly indicates otherwise or the action of the decision - making authority is appealed. B. Time Limits. All decisions on applications made pursuant to this title shall be made in compliance with applicable time limits set forth by State law under the Permit Streamlining Act as most recently amended, to the extent such applies, unless a mutually agreed -upon extension is approved by the community development director and applicant as permitted by the Permit Streamlining Act. C. Notice of Decision. The community development director shall notify the applicant of a decision by the planning commission within thirty (30) calendar days following the effective date of a decision. The city clerk shall notify the applicant of a decision by the city council within thirty (30) calendar days following the effective date of a decision. The notification shall be provided in writing and transmitted via U.S. mail or in an electronic format, such as through the internet or by facsimile. In the case of appeals, the authority whose decision is the subject of an appeal shall also be notified of the decision. D. Effective Date of Decisions. 1. A decision by the community development director or planning commission is effective ten (10) calendar days from the date of decision unless an appeal is filed with the community development director. 2. A decision of the city council is effective on the date it is rendered. E. Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an authority's decision until the expiration of the decision -maker authority's appeal period or until the appeal has been resolved, whichever occurs later in accordance with section 17.44.090. Actions by the decision - making authority are stayed pending the consideration of the appeal. F. Expiration and Time Extension. Unless otherwise specified in this title or in the permit or exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire one (1) year from the date of approval unless the use is inaugurated in accordance with this title and the application conditions. The applicant is solely responsible for the timely renewal of any application. The city has no obligation to notify the applicant of the imminent expiration of the application. An application for a time extension shall be filed with the community development director at least ninety (90) calendar days prior to the date of expiration. The time extension application shall be filed on the forms supplied by the community development director and shall be accompanied by the submittal requirements specified by the director and the appropriate filing fee. The time extension process shall conform to the process for the original permit or exception identified in section 17.44.060. In considering a request for a time extension, the decision - making body may approve the request, deny the request, or modify or add to any conditions of approval originally imposed due to changed circumstances since the permit or exception was originally considered. Section 17.44.090 Appeals. A. Authority o 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 SACommunity Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.44 Exhibit C.doc PROPOSED ZONING ORDINANCE AMENDMENT reasons for the appeal and relate the reasons to the required findings for approval of the application. 3. The city council is the final approval authority for all actions. B. Time Limits. All appeals shall be filed with the appropriate designated person as specified above no later than the close of business ten (10) calendar days after the date of the final action of the decision - making authority. If the tenth calendar day after the date of final action occurs on a day that the city is closed for business, the appeal may be filed before the close of business on the next day that the city is open for business. C. Fees. Persons filing appeals shall pay all applicable fees in effect at the time of the appeal as established by Resolution of the city council, unless exempt per Section 17.44.060(B)(1). D. Appeal Process. 1. The appellate body shall review the project application in the same form as reviewed by the original decision maker and the review shall be conducted de novo. 2. An appeal shall be subject to the same type of public action process (i.e., action item without public hearing or public hearing item) and public noticing as required for the original project application. 3. An appeal shall be scheduled for the next available regular meeting of the appellate body following completion of the required legal notice provisions. Section 17.44.100 Modification, suspension and revocation. A. Modification of Permits. An application for modification of an approved discretionary permit or approved variance pursuant to this section may be filed by any person or entity listed in Section 17.44.060(A). Any change of an approved discretionary permit is also a discretionary decision and shall be classified into one (1) of the following three (3) categories: 1. Permit Adjustment. Any change which would not alter any of the findings pursuant to this title, nor any findings contained in the environmental documentation prepared for the permit, and would not have any adverse impact on surrounding properties, may be deemed a permit adjustment and acted upon by the community development director or designee without a hearing. Any change shall conform to the development requirements of this title or adopted specific plan. Such changes many include, but are not limited to, the following: a. A maximum of ten percent (10 %) increase or decrease in floor area but not more or less than five thousand (5,000) square feet, respectively; b. A maximum of ten percent (10 %) increase or decrease in the area or height of walls, fences or similar structures used as screening; C. A maximum of ten percent (10 %) increase or decrease in provision for landscaping or similar standards or dimensions; d. Internal remodeling or minor exterior architectural changes or embellishments involving no change in basic architectural style; e. A change in use where the new use requires the same or a lesser permit than the approved or existing use; or the establishment of a new use in an unoccupied building for which a permit has been granted. 2. Permit Modification. Any proposed change that exceeds the criteria of a permit adjustment, but is not extensive enough to be considered a substantial or fundamental change in the approved entitlement or use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental documentation prepared for the permit, may be deemed a permit modification by the community development director. Action on the permit modification application shall be by the decision - making body that approved the original permit by the same type of public action process (i.e., action item without public hearing or public hearing item) and public noticing as required for the original project application. 3. New Permit Required. Any proposed modification that does not meet the criteria for a permit adjustment or permit modification shall require a new permit application. SACommunity Development\ADMIN \COMMISSION \Final Reso \pc 450 Entitlement 17.44 Exhibit C.doc PROPOSED ZONING ORDINANCE AMENDMENT B. Suspension, Modification or Revocation for Cause. Any permit or variance heretofore or hereafter granted may be revoked, modified or its use suspended, by the same decision - making authority and procedure which would approve the permit or variance under this title. Prior to taking any action the applicant shall be given notice by U.S. Mail at least ten (10) business days prior to the date of the proposed revocation, modification, or suspension and have an opportunity to be heard by the issuing body prior to any such revocation, modification or suspension. An application for such modification, suspension or revocation may be filed, along with applicable fees, by any person. The applicant for such modification, suspension or revocation shall have the burden of proving one (1) or more of the following causes: 1. The application request, which was submitted, was not in full, true and correct form. 2. The entitlement for which an approval was granted does not comply with the terms and conditions of the entitlement. 3. The entitlement was issued erroneously. 4. The project is not in compliance with terms or conditions of the permit or variance; 5. The project subject to the permit or variance, or any portion thereof, is or has been used or maintained in violation of any statute, ordinance, law or regulation; 6. The use for which the permit or variance was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned; 7. The use for which the permit or variance was granted has been so exercised as to be detrimental to the public health, safety or general welfare or as to constitute a nuisance; 8. Changes in technology, or in the type or amount of development in the vicinity of the use, or other good cause warrants modification of conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located. C. Non - waiver. The failure of the community development director, planning commission or city council to revoke a variance or permit, or to suspend its use, whenever cause therefore exists or occurs, does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use. D. Prohibition. No person shall carry on any of the operations authorized to be performed under the terms of any permit or variance during any period of suspension thereof, or after the revocation thereof, or pending a judgment of court upon any application for writ taken to review the decision or order of the final appeal body in the city in suspending or revoking such permit or variance; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation, for which a suspension of the permit or variance was ordered by the applicable city entity, or such operations as may be required by other laws and regulations for the safety of persons and the protection and preservation of property. S: \Community Development \ADMIN \COMMISSION\Final Reso \pc 450 Entitlement 17.44 Exhibit C.doc Resolution No. PC- 2003 -440 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - MARCH 18, 2003 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 799 Moorpark Avenue 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: Any member of the public may address- the - Commission - during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. Planning Commission Agenda March 18, 2003 Page No. 2 6. CONSENT CALENDAR: A. Regular Meeting Minutes of March 4, 2003. 7. PUBLIC COMMENTS: 8. PUBLIC HEARINGS: (next Resolution No. 2003 -440) A. Consider Conditional Use Permit No. 2002 -03, for Construction of a Wireless Communications Facility on an Existing Southern California Edison High Power Transmission Tower Located South of Tierra Rejada Road on Open Space Area, Southwest of Brookhurst Court, on the Application of Infranext, Inc for AT &T Wireless (Assessor Parcel Number 506 -0- 010 -615) (Continued from February 18, 2003) (Staff: Paul Porter) Staff Recommendation: Continue the public hearing to April 1, 2003. 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. April 1, 2003: • CUP 2002 -03, Infranext, continued from March 18, 2003. B. April 15, 2003: • Zoning Ordinance Amendment on Entitlement Process 11. ADJOURNMENT: - ------------- - ------- ---------- ------ - - - - - - __ ___ -------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). S: \Community Development \ADMIN \COMMISSION \AGENDA \2003 \030318 pca.doc AFFIDAVIT OF POSTING AGENDA CITY OF MOORPARK ) COUNTY OF VENTURA ) SS STATE OF CALIFORNIA ) I. Gail Rice, Secretary to the Planning Commission of the City of Moorpark, County of Ventura, State of California, do hereby certify under the penalty of perjury, that a copy of the March 18, 2003, Notice of the Planning Commission Meeting was posted on March 13, 2003, at the following location. Moorpark Community Center 799 Moorpark Avenue Moorpark, California 93021 By: G it Rice A' __ ' nistrative Secretary