HomeMy WebLinkAboutAG RPTS 2003 0903 CC REGResolution No. 2003 -2115
Ordinance No. 297
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, SEPTEMBER 3, 2003
7:00 P.M.
Moorpark Community Center
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS AND COMMENDATIONS:
799 Moorpark Avenue
A. Recognition of Allen Walter, Maintenance and
Operations Supervisor, for 15 Years of Service to the
City of Moorpark.
5. PUBLIC COMMENT:
(AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE
REGULAR REDEVELOPMENT AGENCY MEETING, UNLESS CANCELED.)
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Council Rules of Procedure Section 2.8, Items
to be withdrawn from the Consent Calendar shall be
identified at this time.)
Any member of the public may address the Council during the Public Comments portion of the
Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish
to address the Council concerning a Public Hearing or Presentations /Action /Discussion item must
do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that
item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning
of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior
to the beginning of the first item of the Presentation /Action /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
Presentation /Action /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 Presentation /Action /Discussion items. Copies of
each item of business on the agenda are on file in the office of the City Clerk and are available
for public review. Any questions concerning any agenda item may be directed to the City Clerk at
517 -6223.
Regular City Council Meeting Agenda
September 3, 2003
Page 2
7. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
8. PUBLIC HEARINGS:
A. Consider Amendments to Chapters 17.20 (Uses by Zone) ,
17.28 (Standards for Specific Uses), 17.44
(Entitlement - Process and Procedures), 17.60
(Amendments to the General Plan, Specific Plans,
Zoning Map and Zoning Code) and 17.69 (Public Notice) .
Continued with public hearing open from August 20,
2003. Staff Recommendation: 1) Continue to accept
public testimony and close the public hearing; and 2)
Introduce Ordinance No. for first reading,
approving Zoning Ordinance Amendment No. 2002 -05, and
schedule second reading and adoption for September 17,
2003. (Staff: Barry Hogan)
B. Consider Minor Modification No. 3 to Industrial
Planned Development Permit No. 1993 -01, and
Application for Seasonal Outdoor Storage on an Ongoing
Basis within a Parking Area of an Existing Warehouse
Facility Located at 709 and 700 Science Drive, on the
Application of Aldik Artificial Flowers, Inc. Staff
Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; and 2)
Adopt Resolution No. 2003- denying Minor
Modification No. 3 to Industrial Planned Development
No. 1993 -01. (Staff: Barry Hogan)
C. Consider General Plan Amendment No. 2003 -03:
Amendment to the Circulation Element of the General
Plan to
Add a
Westerly Extension of
High
Street
between
Moorpark
Avenue and Gabbert
Road
to the
Highway
Network
as a Local Collector
and Add "A"
Street from Tract
No. 5187 (William Lyon
Homes)
to the
Hiahwav
Network
as a Rural Collector.
Staff
Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; and 2)
Adopt Resolution No. 2003- adopting a Negative
Declaration and approving General Plan Amendment No.
2003 -03. (Staff: Barry Hogan)
9. PRESENTATION /ACTION /DISCUSSION:
A. Consider Presentation by Mary Schwabauer on the
Regional Civic Alliance for Ventura County.
Regular City Council Meeting Agenda
September 3, 2003
Page 3
9. PRESENTATION /ACTION /DISCUSSION: (continued)
B. Consider Action to Change the Name of Los Angeles
Avenue, Between the Present East End of High Street
and the Route 118 Freeway, to High Street, and Discuss
the Possible Change to the Name of Los Angeles Avenue
East of Collins Drive. Staff Recommendation: 1)
Adopt Resolution No. 2003- changing the street
name for the segment of Los Angeles Avenue east of
High Street, to High Street, with said action to
become effective on May 1, 2004; and 2) Direct staff
to send a notice to affected property owners and
residents of a public meeting to consider changing the
name of Los Angeles Avenue east of Collins Drive.
(Staff: Kenneth Gilbert)
C. Consider Status of Residential Planned Development
Permit Nos. 96 -01 and 99 -04 (Tract 5053 and Tract
5204), a Detached Single Family Residential Unit
Project, Located on the South Side of Los Angeles
Avenue, West of Leta Yancy Road (Pacific Communities) .
Staff Recommendation: 1) Accept the Affordable
Housing Community Development Committee recommendation
to confirm the expiration date for Residential Planned
Development Permit Nos. 96 -01 and 99 -04 as June 16,
2004; and 2) Accept the Affordable Housing Community
Development Committee recommendation to authorize the
Community Development Director to approve up to a two
(2) year time extension to June 16, 2006, if
circumstances warrant. (Staff: Barry Hogan)
10. CONSENT CALENDAR:
A. Consider Approval of Warrant Register for Fiscal Year
2002 -2003 - September 03, 2003.
Regular Warrants 113871 - 113884 $ 98,988.06
Staff Recommendation: Approve the warrant register.
Regular City Council Meeting Agenda
September 3, 2003
Page 4
10. CONSENT CALENDAR: (continued)
B. Consider Approval of Warrant Register for Fiscal Year
2003 -2004 - September 03, 2003.
Manual Warrants
Voided Warrant
Payroll Liability
Warrants
113587 - 113589 & $
843.32
113702 - 113703 $
1,264.08
$
0.00
113704 - 113707 $
877.53
Regular Warrants 113708 - 113870 $ 346,739.40
Staff Recommendation: Approve the warrant register.
C. Consider Budaet Amendment for the Purchase of the
Property at 296 Charles Avenue. Staff Recommendation:
Adopt Resolution No. 2003- amending the Fiscal
Year 2003/04 Budget by appropriating $121,000 from the
Central Zone of the Park Improvement Fund (2111).
ROLL CALL VOTE REQUIRED (Staff: Mary Lindley)
D. Consider Approval of Plans and Specifications for the
Procurement and Installation of Transit Bus Shelters.
Staff Recommendation: Approve the plans and
specifications for the procurement and installation of
transit bus shelters, and authorize staff to proceed
with the bid process for this project. (Staff: John
Brand)
E. Consider Adoption of Resolution Amending the Fiscal
Year 2003/04 Budget by Appropriating Older Americans
Act (OAA) Grant Funds for Disease Prevention and
Health Promotion Services at Senior Centers. Staff
Recommendation: Adopt Resolution No. 2003- ROLL
CALL VOTE REQUIRED (Staff: John Hartnett)
F. Consider Rejection of Claim: Jose L. Jaurequi. Staff
Recommendation: Reject the claim and direct staff to
send a standard rejection letter to the claimant.
(Staff: Deborah Traffenstedt)
Regular City Council Meeting Agenda
September 3, 2003
Page 5
10. CONSENT CALENDAR: (continued)
G. Consider Replacement of the Kawasaki Motorcycle with a
Harley- Davidson Motorcycle and Allocate $19,988.45
from the Fiscal Year 2003/04 Budget Equipment
Replacement Fund for the Purchase of a Harley- Davidson
Motorcycle. Staff Recommendation: Approve the
purchase of one 2004 Harley- Davison FLHTPI Electra
Glide Police Motorcycle at a cost of $19,988.45 from
the Fiscal Year 2003/04 Budget Equipment Replacement
Fund. (Staff: Captain Richard Diaz)
H. Consider the City of Moorpark General Plan Annual
Report Including the Housing Element Progress Report -
September 2002 to August 2003. Staff Recommendation:
1) Receive and file the report; and 2) Direct staff to
forward a copy of the agenda report to: Governor's
Office of Planning and Research, State Department of
Housing and Community Development, and to the County
of Ventura Planning Division. (Staff: Barry Hogan)
I. Consider Selection of Consultant to Prepare a Rail
Trail Study Investigating the Feasibility of
Construction of a Trail Along the Rail Right -of -Way
Between Moorpark Avenue and a Point East of Spring
Road and Adoption of a Resolution Amending the Fiscal
Year 2003/04 Budget for the Project. Staff
Recommendation: 1) Approve the selection of RRM Group
to prepare the subject study; and 2) Adopt Resolution
No. 2003- ROLL CALL VOTE REQUIRED. (Staff:
Kenneth Gilbert)
J. Consider Approving an Increase to the Estimated Cost
for the Flinn Avenue Realignment Project (Project
8037) and Adoption of a Resolution Amending Fiscal
Year 2003/04 Budget for Said Purpose. Staff
Recommendation: 1) Approve the revised project costs
as set forth in the agenda report; and 2) Adopt
Resolution No. 2003- ROLL CALL VOTE REQUIRED.
(Staff: Kenneth Gilbert)
K. Consider Notice of Completion for the 2003 Slurry Seal
Project. Staff Recommendation: Accept the work as
complete. (Staff: Kenneth Gilbert)
Regular City Council Meeting Agenda
September 3, 2003
Page 6
11. ORDINANCES:
A. Consider Ordinance No. 295, an Ordinance of the City
of Moorpark, California, Approving Zone Change No.
2002 -01 for a Change of Zone from Rural Exclusive - 5
Acres Minimum Lot Size (RE -5AC) and Open Space (OS) to
Residential Planned Development - 7 Units Per Acre
(RPD -7U) on 3.15 Acres of Land, Located West of Walnut
Canyon Road, Approximately One -Half Mile North of
Casey Road, on the Application of William Lyon Homes.
Staff Recommendation: Declare Ordinance No. 295 read
for the second time and adopted as read.
12. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Subdivision (b) of Section 54956.9 of the Government
Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: APN 511 -0 -090 -340, Moorpark, CA 93021
Agency Negotiator: Steven Kueny, City Manager
Negotiation Parties: The City of Moorpark and the
Margaret Irene Gisler Cullen Trust
Under Negotiation: Price and terms of payment
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Assistant City Manager, Assistant to City
Manager /City Clerk, City Manager, City Attorney, City
Engineer, Chief of Police, Administrative Services
Director, Community Development Director, Community
Services Director, and Public Works Director.
E. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CLC, Local 998
Regular City Council Meeting Agenda
September 3, 2003
Page 7
12. CLOSED SESSION: (continued)
F. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Accountant I, Administrative
Services Director, Assistant City Manager, Assistant
to City Manager /City Clerk, Budget and Finance
Manager, City Engineer, Community Development
Director, Community Services Director, Information
Systems Manager, Planning Manager, Principal Planner,
Public Works Director, Recreation Manager, and Senior
13. ADJOURNMENT:
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In compliance with the Americans with Disabilities Act, if you need
assistance to participate in this meeting, please contact the City Clerk's
Department at (805) 517 -6223. Notification 48 hours prior to the meeting
will enable the City to make reasonable arrangements to ensure accessibility
to this meeting (28 CFR 35.102 - 35.104; ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that
an agenda of the Regular Meeting of the Moorpark City Council to
be held on Wednesday, September 3, 2003, at 7:00 p.m. in the
Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on August 29, 2003, at
a conspicuous place at the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true
and correct.
Executed on August 29, 2003
11-,-1 r
Maureen Benson, Deputy City Clerk
ITEM F.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared By: Joseph F. Fiss, Principal Plann /�
DATE: August 29, 2003 (CC Meeting of 09/03/03)
SUBJECT: Consider Minor Modification No. 3 to Industrial
Planned Development Permit No. 1993 -01, an Application
for Seasonal Outdoor Storage on an Ongoing Basis
within a Parking Area of an Existing Warehouse
Facility Located at 709 and 700 Science Drive, on the
Application of Aldik Artificial Flowers, Inc.
BACKGROUND /DISCUSSION
The applicant has requested a continuation of the public hearing
in order for their Chief Executive Office to attend the hearing.
STAFF RECOMMENDATIONS
1. Open the public hearing, accept public testimony, and
continue the public hearing to the October 1, 2003 City
Council meeting.
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NOTICE OF CONTINUANCE OF PUBLIC HEARING
A duly noticed public hearing regarding:
Consider Minor Modification No. 3 to Industrial Planned
Development Permit No. 1993 -01, and Application for
Seasonal Outdoor Storage on an Ongoing Basis within a
Parking Area of an Existing Warehouse Facility Located at
709 and 700 Science Drive, on the Application of Aldik
Artificial Flowers, Inc.
was held on September 3, 2003, at which time the City Council
continued the open public hearing to the City Council meeting to be
held on October 1, 2003, at 7:00 p.m., in the Community Center
located at 799 Moorpark Avenue, Moorpark, California.
Dated: September 4, 2003
Maureen Benson, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and
that a Notice of Continuance of Open Public Hearing regarding:
Consider Minor Modification No. 3 to Industrial Planned
Development Permit No. 1993 -01, and Application for
Seasonal Outdoor Storage on an Ongoing Basis within a
Parking Area of an Existing Warehouse Facility Located at
709 and 700 Science Drive, on the Application of Aldik
Artificial Flowers, Inc.
continued from September 3, 2003, to October 1, 2003, was
posted on September 4, 2003, at a conspicuous location near
the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true
and correct.
Executed on October 4, 2003.
Maureen Benson
Deputy City Clerk
ITEM S. A. MONNEft
Qr q -3 -,?003
AC T '�
MOORPARK CITY COUNCIL
AGENDA REPORT- • - .- _...- 0
TO: Honorable City Council
,sew cfd �� Y
FROM: Barry K. Hogan, Community Development Director
Prepared By: David A. Bobardt, Planning Manager %
DATE: August 25, 2003 (CC Meeting of 09/03/2003)
SUBJECT: Consider Amendments to Chapters 17.20 (Uses by Zone) ,
17.28 (Standards for Specific Uses), 17.44
(Entitlement - Process and Procedures), 17.60
(Amendments to the General Plan, Specific Plans,
Zoning Map and Zoning Code) and 17.68 (Public Notice).
BACKGROUND
On August 20, 2003, the City Council considered this item and
continued it with the public hearing open to September 3, 2003,
to allow additional time for public review. Materials that were
transmitted for the August 20, 2003, City Council meeting are
attached, along with the previous staff report. Since the
August 20, 2003 City Council meeting, staff discovered that the
recommended use matrix (Chapter 17.20) had inadvertently omitted
"Care facilities" from commercial and industrial zones. Table
17.20.060, Section E. (Public and Semi - Public Uses) in the
attached materials has been amended to add that use.
STAFF RECOMMENDATIONS
1. Continue to accept public testimony and close the public
hearing;
2. Introduce Ordinance No. for first reading, approving
Zoning Ordinance Amendment Case No. 2002 -05. Schedule
second reading and adoption for September 17, 2003.
S: \Community Development \DEV PMTS \Z O A \2002 \05 Entitlement \Staff Reports \CC 030903.doc
Honorable City Council
September 3, 2003
Page 2
Attachments:
1. Draft Ordinance
2. PC Resolution (See Draft Ordinance for Exhibit(s))
3. Existing Chapter 17.20
4. Existing Chapter 17.28
S. Existing Chapter 17.44
6. Existing Chapter 17.60
7. Existing Chapter 17.68
8. Staff Report from August 20, 2003, City Council Meeting
(without attachments)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING 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 adopted
Resolution No. 2002 -1997 directing the Planning Commission to
study, set a public hearing, and provide a recommendation
pertaining to amendments to the Zoning Code related to permitted
size of second dwelling units; and
WHEREAS, on August 21, 2002, the City Council adopted
Resolution No. 2002 -1997 directing 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
CC ATTACHMENT 1
Ordinance No.
Page 2
WHEREAS, the Community Development Director and the
Planning Commission have 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 recommended
approval of said amendments as proposed; and
WHEREAS, at its meetings of August 20, and September 3,
2003, the City Council 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17.20, "Uses by Zone ", Chapter 17.28,
"Standards for Specific Uses ", Chapter 17.44, "Entitlement -
Process and Procedures" Chapter 17.60, "Amendments to the
General Plan, Specific Plans, Zoning Map and Zoning Code"
Chapter 17.68 "Public Notice" of Title 17, Zoning, of the
Municipal Code of the City of Moorpark are hereby repealed.
SECTION 2. Chapter 17.20, "Uses by Zone ", Chapter 17.28,
"Standards for Specific Uses ", and Chapter 17.44, "Application
Review Procedures" of Title 17, Zoning, of the Municipal Code of
the City of Moorpark are hereby adopted as shown in Exhibit A,
attached hereto and incorporated herein by this reference.
SECTION 3. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
S: \Community Development \DEV PMTS \Z O A \2002 \05 Entitlement \Ordinances and Resolutions \CC 030820
Chapter 17.44 Ordinance.doc
Ordinance No.
Page 3
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.'
SECTION 5. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star a newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which
is hereby designated for that purpose.
PASSED AND ADOPTED this day of , 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Chapters 17.20, 17.28, and 17.44
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Chapter 17.44 Ordinance.doc
Ordinance No.
Page 4
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.
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.
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
EXHIBIT "A" ..
Ordinance No.
Page 5
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL
PURPOSE ZONES
[Blank] = Not permitted, NZC = 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
- >I 00,000 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
- 1,001 — 20,000 s . ft.
ZC
ZC
AP
AP
CUP
- 20,001 — 100,000 s . ft.
AP
CUP
- >100,000 s . ft.
CUP
CUP
6. Kennels and catteries
CUP
CUP
CUP
CUP
(domestic) see Section
17.28.030
7. Wholesale nurseries, tree
AP
AP
AP
AP
AP
AP
AP
AP
farms and ornamental plant
farms including container
plants. Retail sales shall be
limited to the requirements of
section 17.28.070
8. Wildlife sanctuaries
CUP
CUP
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
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
Ordinance No.
Page 6
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
a. Consistent with the
NZC
NZC
NZC
NZC
NZC
NZC
NZC
requirements of the State of
California Health and Safety
Code, Chapter 3.6. Care
facilities serving six (6) or
fewer persons, such as a any
facility defined as a
community care facility and
residential care facilities as
defined by Chapters 3 and 3.2
of the Health and Safety Code,
shall meet the standards and
requirements applicable to
single family dwellings
b. For seven (7) to twelve (12)
ZC
ZC
ZC
ZC
ZC
ZC
ZC
children, up to 14 children may
be allowed when found
consistent with Section
1597.465 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. Less than five (5) affordable
AP
AP
AP
or senior housing 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
two single family dwellings on
one lot
a. Less than five (5) dwelling
AP
AP
units
b. Less than five (5) affordable
AP
AP
or senior housing units when in
compliance with Chapter 17.64
5. Dwellings, multiple family
a. Less than five (5) dwelling
AP
units
b. Less than five (5) affordable
AP
or senior housing units when in
com liance with Chapter 17.64
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
Ordinance No.
Page 7
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
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
including wireless in
accordance with the
requirements of chapter 17.42
(Minor facilities require only
planning commission
approval; pre- approved
locations require only an AP
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
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
G if, " , J
L, -.}
Ordinance No.
Page 8
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
zoning clearance)
8. Wireless communication
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
facilities in accordance with
chapter 17.42 (Minor facilities
require only planning
commission approval; pre -
approved locations require
only an AP)
D. ACCESSORY AND MISCELLANEOUS
USES
Zones
O -S
A -E
R -A
LI-E
R -O
R -1
R -2
RPD
TPD
1. Animal keeping in
accordance with the
requirements of Section
17.28.03 0
a. Apiculture
ZC
ZC
ZC
b. Aviaries
AP
AP
AP
AP
c. Farm animals including
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
horses and ponies subject to
the requirements of Section
17.28.30
d. Pet animals are allowed in
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
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
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
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
grade
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
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
ordinance No.
Page 9
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
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
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
conducted in an existing single
family home and consistent
with the requirements of
Section 17.28.020B
7. Maintenance and minor
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
repair to buildings involving
structural alterations
8. Motion picture and
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
television production and
related activities and structures
(activities of a maximum of 42
days in any 180 -day period are
considered temporary and shall
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 CUP or a ZC)
12. Storage of building
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
Ordinance No.
Page 10
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
materials in accordance with
CUP
CUP
2. Automobile/light truck/motorcycle
AP
AP
AP
the requirements of section
AP
AP
a. rental (if within 100 feet of a residentially zoned
property a conditional use permit is required)
a. brakes, oil changes tires and shock sales and
AP
AP
17.28.160
AP
13. Storage, open consistent
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
with section 17.28.020F
14. Soil testing for wells,
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
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,
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
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, NZC = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP
= Administrative Permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit
Zones
C -O
C -1
CPD
C -2
C -OT
I 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 permit is required)
a. brakes, oil changes tires and shock sales and
AP
AP
AP
AP
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
Ordinance No.
Page 11
Zones
CPD
C -O
C -1
C -2
GOT
M -1
M -2
I
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
cleaning, auto body, painting
c. sales, service and parts
CUP
CUP
3. Automobile service stations with or without mini-
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
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
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 1,000
AP
AP
AP
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
chapter 5.48 (if within 100 feet of a residentially
zoned property a conditional use permit is required)
13. Nurseries (retail) with or without container
CUP
grown plants 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. Nurseries (wholesale and/or retail) with or
CUP
without container grown plants 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)
15. Pawnshops when in compliance with chapter
CUP
5.32
16. Pest control services (if within 100 feet of a
AP
AP
residentially zoned property a conditional use permit
is required)
17. 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)
18. Psychics, fortunetelling, and spiritual advisors
CUP
when in compliance with Title 5 of the Moorpark
Municipal Code
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
Ordinance No.
Page 12
Zones
CPD
C -O
C -1
C -2
GOT
M -1
M -2
I
19. Recreation vehicle storage yard when not located
CUP
on parcels adjacent to Arterial Roads or Freeways as
shown on the Moorpark Circulation Element Ma
20. Recycling centers
CUP
CUP
CUP
21. 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)
22. 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 pen-nit is required)
23. Retail shops and services, except as otherwise
ZC
ZC
ZC
ZC
indicated in this Table, including, but not limited to
antiques, art/art supplies, auto supply, bakery,
barbers, beauty salons, bicycle sales /service, book
and stationery, camera/photo, carpet sales /cleaning,
cigar /cigarette sales, clothing and fabric, computer
sales, copy services and supplies, day care,
department and variety, dry cleaners, florist,
flooring/carpet sales /service, food and market, gift
and novelty, hardware, home and office furniture,
jewelry, key and locksmiths, music, newstands, pet
grooming, pet supplies, pharmacy, photo /camera,
pool supplies, sporting goods, small equipment
rental (no outdoor storage), spa, toy and hobby, used
merchandise, video/DVD /CD sales and rental,
wireless sales /service and uses which the community
development director determines to be similar when
in compliance with section 17.20.020 (if within 100
feet of a residentially zoned property a conditional
use permit is required)
24. Retail sales combined with limited distribution
AP
and /or warehousing (if within 100 feet of a
residentially zoned property a conditional use permit
is required)
25. 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)
26. 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_
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
Ordinance No.
Page 13
Zones
CPD
CI-0
C -1
C -2
GOT
M -1
M -2
I
27. Thrift stores, consignment store (if within 100
ZC
ZC
ZC
feet of a residentially zoned property a conditional
use permit is required)
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-
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
1
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
C -O
C -1
CPD
GOT
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 100
AP
ZC
ZC
feet of a residentially zoned property a conditional
use pen-nit 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
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
Ordinance No.
Page 14
Zones
CPD
C -O
C -1
C -2
C -OT
M -1
M -2
I
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 required)
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
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 permit 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 Ma
7. Welding (if within 100 feet of a residentially
AP
ZC
zoned property a conditional use permit is required)
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
Ordinance No.
Page 15
Zones
CPD
I
C -O
C -1
C -2
C -OT
M -1
M -2
I
E. PUBLIC AND SEMI - PUBLIC USES
1. Amusement and recreational facilities as defined
in Chapter 17.08
a. Arcades (video and computer)
CUP
CUP
CUP
CUP
b. Health club /gymnasium /fitness center /spa (if
AP
AP
AP
AP
CUP
within 100 feet of a residentially zoned property a
conditional use permit is required)
2. Care facilities, including adult day care facilities,
CUP
CUP
CUP
Alzheimer's day care facilities, congregate living
health facilities, child day care centers, community
treatment facilities, foster family and adoption
agencies, hospices, long -term health care facilities,
residential care facilities for the elderly, residential
care facilities for persons with chronic life -
threatening illness, skilled nursing and intermediate
care facilities, social rehabilitation facilities,
therapeutic day services facilities, transitional
housing placement facilities, and transitional shelter
care facilities as defined in Division 2 of the Health
and Safety Code.
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 in
CUP
CUP
CUP
CUP
CUP
CUP
CUP
accordance with the requirements of chapter 17.42
(Minor facilities require only planning commission
approval; pre- approved locations require only an
AP
5. Energy production from renewable resources
CUP
CUP
6. 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
7. Hospitals including urgent care (if within 100
AP
AP
AP
AP
feet of a residentially zoned property a conditional
use permit is required)
8. Places of religious worship
CUP
CUP
9. Public education and training facilities including,
ZC
but not limited to colleges and universities,
elementary, middle and high schools, professional
and vocational schools
10. Recreational facilities (private) with /without
AP
AP
AP
AP
AP
CUP
food 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)
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
Ordinance No.
Page 16
Zones
CPD
C -O
C -1
C -2
C -OT
M -1
M -2
I
11. 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
C -OT
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.
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.20
(as amended for September 3, 2003 City Council Meeting)
�v
Ordinance No.
Page 17
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
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
�ti
Ordinance No.
Page 18
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 (1 %) of the total lot area, up
to a maximum of one thousand (1,000) square feet. Lots of forty (40) acres or more in the O -S
and A -E zones are permitted a maximum of two thousand (2,000) square feet of open storage,
provided that all open storage exceeding one thousand (1,000) square feet is screened from view
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Ordinance No.
Page 19
from all public rights -of -way within three hundred (300) feet of such additional storage area.
3. With the exception of boats and unstacked automotive vehicles, the materials shall be
limited to a height of six (6) feet.
4. Open storage must be accessory to the principal use of the property, and not related to
any off -site commercial business or activity.
5. The following are not considered to fall within the definition of open storage, and are
therefore exempt from the above open storage regulations:
a. Materials or equipment kept on any lot for use in construction of any building or room
addition on said lot for which a zoning clearance and necessary building permits are obtained and
in force, provided that such storage is neat and orderly, and does not exceed an area equal to the
gross floor area of the building or addition under construction. Stored materials shall be installed
within one hundred eighty (180) days of their placement on the lot; however, the 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. One cord (128 cubic feet) of firewood, if stored in a neat and orderly manner in one (1)
location on the lot.
G. Second Dwelling.
1. Standards and Requirements. A second dwelling, as defined in Section 17.08.010,
requires approval of a zoning clearance, and compliance with all of the following standards and
requirements:
a. A second dwelling shall only be permitted on a residential zoned lot that is one -fourth
acre (ten thousand eight hundred ninety (10,890) square feet) or larger in size and shall be a lot
which conforms to the minimum lot width, depth and size of the zone in which it is located.
b. The lot on which a second dwelling is to be constructed shall contain an existing single -
family dwelling, which is owner occupied at the time of application for a zoning clearance and
building permit for the second dwelling.
c. The maximum size of the second dwelling shall be no larger than the primary dwelling
and shall be limited to the following lot size limitations:
Lot Size
Max. 2 °d Unit Size, ins . ft.
10,890 — 21,780 s . ft.
800
21,781 — 43,560 s . ft.
900
1 — 5 acres
1,000
>5 acres
1,100
d. No more than one (1) second dwelling is allowed on each lot.
e . The second dwelling shall not be sold as a separate unit, but it may be rented.
f. Establishment of a second dwelling shall not create or increase a nonconforming use or
structure. A second dwelling shall not be allowed on a lot which contains a legal nonconforming
use or structure.
g. Minimum yard setbacks from the property lines for the second dwelling and associated
garage or carport structure shall be the same as is required for the existing single - family dwelling
based on the more restrictive of either: (i) the setback requirements of an approved residential
planned development (RPD) permit (see Section 17.36.030(B)(3)); or (ii) the setback
requirements of the applicable zone district (see Section 17.24.020).
h. Architectural standards of the second dwelling shall conform to the existing single- family
dwelling through use of the appropriate building form, height, materials and color. The roof
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
v .✓ ,r od ..11►
Ordinance No.
Page 20
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 (13)(1)(b) of this section. They are permitted to be kept as an accessory use
upon any lot developed with an office, business or other commercial or industrial use for the
primary purpose of protecting the premises from varmints and trespassers.
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Ordinance No.
Page 21
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 Permifted',2
Distance Separation
Area
Requirements3
Required
O -S
10,000 sq. ft.
Lots < 20,000 sq. ft.: two units'. Lots
Except for movement on and
A -E
20,000 sq. ft. to 10 acres: 1 unit per 10,000
off the property, animals shall
R -A
sq. ft. of lot area.
not be kept, maintained or
Lots > 10 acres: no limit.
used in any way, inside or
outside of any structure,
R -O
20,000 sq. ft.
Horses /ponies: 3 units plus 1 unit per
30,000 sq. ft. of total lot area.
within 40 feet of a structure
Other animals: 1 unit per 10,000 sq. ft. of
used for human occupancy
total lot area.
other than the owner's
residence.
R -E
10,000 sq. ft.
2 units minimum plus 1 unit per 20,000 sq.
ft. of total lot area.^
R -1
20,000 sq. ft.
1 unit per 10,000 sq. ft. of lot area.
Notes:
1. In calculating the allowable number of animals, fractional numbers shall be rounded to
the lower whole number.
2. Animal offspring are allowed and shall not be counted until they are weaned.
3. Separation requirements do not apply to pet animals (see subsection C of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq.
ft. in the R -A or R -E zone; see subsection E of this section for exception.
ANIMAL UNIT EQUIVALENTS
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
C C 1 r 4,d
Ordinance No.
Page 22
The following table indicates the animal unit equivalents for each type of permitted animal and provides for
different types of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1)
animal unit, a chicken is one -tenth (1 /10) of an animal unit, and so on. To calculate the number of any one (1)
type of animal allowed on a property, divide the total number of animal units allowed on the property by the
animal unit equivalent for that animal.
Animal Type
Animal Unit
Equivalent
Animal Type
Animal Unit
E uivalent
Bull
1.0
Horse
1.0
Chicken
0.1
Pony
0.5
Cow
1.0
Mule
1.0
Donkey
1.0
Peafowl
0.5
Duck
0.1
Pig
0.5
Game Hen
0.1
Rabbit or other fur-
bearing animal of
similar size at
maturity
.05
Goat, female
0.33
Racing Pigeon
.05
Goat, male
0.5
Sheep
0.33
Goose
0.16
Turkey
0.16
Guinea Fowl
0.5
No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty
thousand (20,000) sq. ft. in area in other zones.
D. Applicability of Lot Area Requirements. Abutting lots under unified control, either
through ownership or by means of a lease, may be combined in order to meet minimum area
requirements for animal- keeping or to keep a greater number of animals, but only for the duration
of such common ownership or lease, and only in zones which allow the keeping of animals as a
principal use.
E. Temporary Exception. In the R -E zone, the community development director may
authorize the keeping of a maximum of two (2) horses on lots of ten thousand (10,000) to twenty
thousand (20,000) square feet, and an exception to the distance separation requirements for a
period of one (1) year, without holding a public hearing, provided that the applicant submits:
1. A completed application form, as provided by the community development director;
2. A county assessor map, in duplicate, showing the applicant's property outlined in red, the
area and structures to be 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
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Ordinance No.
Page 23
three (3) or more dwelling units per acre. As the size of the area increases, the number of
dwelling units must increase proportionately by a minimum of (3) three dwelling units per acre. A
"reasonable distance" shall be determined after investigation by the community development
director. Decisions of the community development director may be appealed pursuant to Section
17.44.090.
3. Dwelling Separation. No beehive or box shall be located or maintained within four
hundred (400) feet of any dwelling on adjacent property.
4. Property Line Separation. No apiary shall be located or maintained within fifty (50) feet
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) sales produce stand per lot is allowed.
B. The produce stand shall be accessory to the permitted plant production on the same lot,
and only if at least ninety -five percent (95 %) of the area of the lot is devoted to plant 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,
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
Ordinance No.
Page 24
parking lot aisles or required parking spaces. All related facilities and materials shall be removed
on the departure of the use. (Ord. 189 § 3 (8107 -12), 1994)
Section 17.28.140 Christmas tree sales.
The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during
the forty -five (45) day period immediately preceding December 25th. Such sales activities shall
not disrupt normal traffic flows, nor result in the blocking of public rights -of -way, parking lot
aisles or required parking spaces. All related structures, facilities and materials shall be removed
by December 31 st of the same year. Christmas tree sales are allowed one (1) temporary, unlighted
identification sign not exceeding twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13), 1994)
Section 17.28.150 Temporary buildings during construction.
A mobilehome, recreational vehicle or commercial coach may be used as a temporary
dwelling unit or office on a construction site in accordance with Section 17.20.060, provided that
a building permit for such construction is in full force and effect on the same site. The unit shall
be connected to a water supply and sewage disposal system approved by the Ventura County
environmental health division, and shall be removed from the site within forty -five (45) days after
a clearance for occupancy is issued by the city department of building and safety. (Ord. 189 § 3
(8107 -14), 1994)
Section 17.28.160 Storage of building materials, temporary.
The temporary storage of construction materials is permitted on a lot adjacent to one on
which a valid zoning clearance and building permit allowing such construction is in force, or on a
project site within a recorded subdivision. Such storage is permitted during construction and for
forty -five (45) days thereafter. (Ord. 189 § 3 (8107 -15), 1994)
Section 17.28.170 — 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)
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
w t, F• ry r` �^+ �
Ordinance No.
Page 25
feet above adjacent finished grade level.
3. Facilities shall not be located in the area between the public or private right -of -way and
the front of any building on the site, unless the Facility is not visible from the public or private
right -of -way or neighboring building and otherwise conforms to the applicable setback
requirements.
E. Construction Standards. All Facilities shall be constructed so as to minimize visual and
auditory impacts.
1. The sides of all Facilities that are above ground, not including any rails, shall be enclosed
with a solid material, such as plywood.
2. Spaces between finished grade and the lower, horizontal surfaces of the Facility shall be
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.
PROPOSED ZONING ORDINANCE AMENDMENT SEC 17.28
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Ordinance No.
Page 26
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 discretionary planned development permit, administrative permit and/or conditional use
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 under the present zoning on the land and the city's zoning and subdivision
ordinances, planned development permit or conditional use permit;
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
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44
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structures or building construction has commenced and is being diligently pursued, as evidenced by current
inspections and/or valid building permits.
Section 17.44.040 Discretionary permits and exceptions.
The following discretionary permits and exceptions are authorized by this title. If more than one
discretionary permit or exception application is required for a proposed use or structure, the community
development director may require all applications for the proposed use or structure to be filed, processed,
considered, and decided concurrently through the most stringent decision - making process and by the highest
decision - making authority of the permits and/or exceptions requested.
A. Temporary Use Permit (TUP). A temporary use permit is required prior to initiation of uses
or structures in a given zone as specified by chapter 17.20 of this title that are to be established for a
temporary period of time (not to exceed ninety (90) days). Temporary use permit applications require
review and approval by the community development director to assure compliance with the requirements of
this title, and may be conditioned to protect the health, safety, life, or property of the applicant or the public.
One additional ninety (90) day extension to a temporary use permit may be granted. A temporary use permit
may be revoked by the community development director prior to the expiration date based upon information
that the conditions have not been met, or to protect the health, safety, life, or property of the applicant or the
public.
B. Administrative Permit "API. 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
applicable specific plans, zoning ordinance, and any other applicable regulations;
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2. The site design would not create negative impacts on or impair the utility of properties,
structures or uses in the surrounding area; and
3. The proposed uses are compatible with existing and permitted uses in the surrounding area.
D. Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of
uses in a given zone as specified by chapter 17.20 of this title where review by the planning commission and
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
C. 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 when a variance is filed as part of a planned
development permit, conditional use permit and as provided in subsection F. of this section, variance
requests shall be heard and decided by the planning commission through a public hearing process. Prior to
approving, conditionally approving, or denying an application for a variance, the planning commission shall
adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify
the decision. In order for a variance to be approved, the decision - making authority shall find that:
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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. Authori . 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.
B. Initiation. Proposals to amend the general plan, any specific plan, the zoning map or zoning
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44
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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
notified in writing of this determination no later than thirty (30) calendar days after the city has accepted an
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44
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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(ies) shall be filed in a form acceptable to the city attorney and certified by the city clerk.
a. The required amount of the security(ies) may be increased periodically by the community
development director in order to compensate for inflation (based on the applicable regional Consumer Price
Index) or other factors, so that the same relative value of the security is maintained over the life of the
permit, and to assure that performance securities continue to reflect the actual anticipated costs for
completing a required task. No security shall be released until after all of the applicable conditions of the
permit have been met.
b. In the event of any failure by the applicant to perform or comply with any term or condition
of a discretionary entitlement, the decision - making authority may, after notice to the applicant and after a
public hearing, determine by resolution the amount of the penalty, and declare all or part of the security
forfeited. The applicant will be jointly and severally obligated to pay forthwith the full amount of the
forfeiture to the city. The forfeiture of any security shall not insulate the applicant from liability in excess of
the sum of the security for damages or injury, nor from expense or liability suffered by the city from any
breach by the applicant of any term or condition of the discretionary entitlement or of any applicable
ordinance or of the security.
C. The applicant shall maintain the minimum specified amount of a penal security throughout
the life of the entitlement. Within thirty (30) days of any forfeiture of a penalty security, the applicant shall
restore the security to the required level.
4. Abandoned Oil/Gas Wells. All applications will be reviewed for the location over or near
any abandoned or idle- deserted oil or gas well, based on maps provided by the State of California
Department of Conservation Division of Oil, Gas, and Geothermal Resources (D.O.G.G.R.). The city will
notify D.O.G.G.R. of the location of any proposed project that is found to be over or near any such well(s).
H. Continuance of Permit During_ Application Renewal Process. Unless otherwise provided in
the conditions of the permit or variance, permits and variances being processed for renewal shall remain in
full force and effect until the renewal request is acted on and all administrative appeals have been exhausted,
provided that the renewal application was accepted as complete by the city prior to the expiration of the
permit. All the terms and conditions of the permit or variance shall continue to be in full force and effect.
Section 17.44.070 Public hearing procedures.
A. Notice. For applications pursuant to this title requiring a public hearing before the city
council or planning commission, the community development director shall prepare a public hearing notice.
The notice shall include the date, time and place of the hearing, the identity of the hearing body or officer, a
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44 < "...'
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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(ies) shall hold at least one (1) public hearing. At least three (3) working days prior to such hearing,
the community development director shall prepare a report on the project, along with any recommendations,
and provide copies of the report to the decision - making authority, the applicant and parties requesting copies
of the report. Presentation of the director's report and the public hearing process shall follow the hearing
process as described in the adopted rules of the planning commission and city council.
C. Referral for Information, Report, or Study. The planning commission may refer an
application back to the community development director for further report, information, or study. The city
council may refer a matter back to the planning commission or the community development director for
further report, information or study.
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Section 17.44.080 Decisions.
A. Decision Options. The decision - making authority reviewing an application for a
discretionary permit or exception may approve, conditionally approve, deny or modify, wholly or partly, the
application being reviewed. The authority may impose such conditions and limitations as it deems necessary
to assure that the general purpose and intent of this title and the Moorpark Municipal Code will be observed.
All conditions and restrictions applied to a decision on an application shall automatically continue to govern
and limit the subject use or structure unless the action of the decision - making authority clearly indicates
otherwise or the action of the decision - making authority is appealed.
B. Time Limits. All decisions on applications made pursuant to this title shall be made in
compliance with applicable time limits set forth by State law under the Permit Streamlining Act as most
recently amended, to the extent such applies, unless a mutually agreed -upon extension is approved by the
community development director and applicant as permitted by the Permit Streamlining Act.
C. Notice of Decision. The community development director shall notify the applicant of a
decision by the planning commission within thirty (30) calendar days following the effective date of a
decision. The city clerk shall notify the applicant of a decision by the city council within thirty (30)
calendar days following the effective date of a decision. The notification shall be provided in writing and
transmitted via U.S. mail or in an electronic format, such as through the internet or by facsimile. In the case
of appeals, the authority whose decision is the subject of an appeal shall also be notified of the decision.
D. Effective Date of Decisions.
1. A decision by the community development director or planning commission is effective ten
(10) calendar days from the date of decision unless an appeal is filed with the community development
director.
2. A decision of the city council is effective on the date it is rendered.
E. Effect of an Appeal. Neither the applicant nor any enforcement agency may rely on an
authority's decision until the expiration of the decision -maker authority's appeal period or until the appeal
has been resolved, whichever occurs later in accordance with section 17.44.090. Actions by the decision -
making authority are stayed pending the consideration of the appeal.
F. Expiration and Time Extension. Unless otherwise specified in this title or in the permit or
exception conditions, any discretionary permit or exception included in Section 17.44.040 shall expire one
(1) year from the date of approval unless the use is inaugurated in accordance with this title and the
application conditions. The applicant is solely responsible for the timely renewal of any application. The
city has no obligation to notify the applicant of the imminent expiration of the application. An application
for a time extension shall be filed with the community development director at least ninety (90) calendar
days prior to the date of expiration. The time extension application shall be filed on the forms supplied by
the community development director and shall be accompanied by the submittal requirements specified by
the director and the appropriate filing fee. The time extension process shall conform to the process for the
original permit or exception identified in section 17.44.060. In considering a request for a time extension,
the decision - making body may approve the request, deny the request, or modify or add to any conditions of
approval originally imposed due to changed circumstances since the permit or exception was originally
considered.
Section 17.44.090 Appeals.
A. Authority to Appeal.
1. All actions and decisions of the community development director authorized by this title,
unless otherwise pre - empted, may be appealed by any person to the planning commission. The appellant
shall file the appeal in writing, along with the applicable fee, 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 community development director authorized by this title
may be appealed by any person to the planning commission. All actions of the planning commission
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44
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authorized by this title may be appealed by any person to the city council. The appellant shall file the appeal
in writing, along with the applicable fee, with the city clerk with a copy of the appeal filed with the
community development director. The appellant shall state the reasons for the appeal and relate the reasons
to the required findings for approval of the application.
3. The planning commission is the final authority on appeals of the community development
director, unless the action is appealed to the city council within the required time limits of section
17.44.090B. The city council is the final approval authority for appeals of planning commission actions
when filed within the time limits of section 17.44.090B.
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). No fee shall be
required when the item is appealed by a city councilmember.
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
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44 te,,.. - --
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entitlement or use relative to the permit, would not have a substantial adverse impact on surrounding
properties, and would not change any findings contained in the environmental documentation prepared for
the permit, may be deemed a permit modification by the community development director. Action on the
permit modification application shall be by the decision - making body that approved the original permit by
the same type of public action process (i.e., action item without public hearing or public hearing item) and
public noticing as required for the original project application.
3. New Permit Required. Any proposed modification that does not meet the criteria for a
permit adjustment or permit modification shall require a new permit application.
B. Suspension, Modification or Revocation for Cause. Any permit or variance heretofore or
hereafter granted may be revoked, modified or its use suspended, by the same decision - making authority and
procedure which would approve the permit or variance under this title. Prior to taking any action the
applicant shall be given notice by U.S. Mail at least ten (10) business days prior to the date of the proposed
revocation, modification, or suspension and have an opportunity to be heard by the issuing body prior to any
such revocation, modification or suspension. An application for such modification, suspension or revocation
may be filed, along with applicable fees, by any person. The applicant for such modification, suspension or
revocation shall have the burden of proving one (1) or more of the following causes:
1. The application request, which was submitted, was not in full, true and correct form.
2. The entitlement for which an approval was granted does not comply with the terms and
conditions of the entitlement.
3. The entitlement was issued erroneously.
4. The project is not in compliance with terms or conditions of the permit or variance;
5. The project subject to the permit or variance, or any portion thereof, is or has been used or
maintained in violation of any statute, ordinance, law or regulation;
6. The use for which the permit or variance was granted has not been exercised for at least
twelve (12) consecutive months, has ceased to exist, or has been abandoned;
7. The use for which the permit or variance was granted has been so exercised as to be
detrimental to the public health, safety or general welfare or as to constitute a nuisance;
8. Changes in technology, or in the type or amount of development in the vicinity of the use,
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.
PROPOSED ZONING ORDINANCE AMENDMENT SEC. 17.44
il, '✓ ./ . ;mod
RESOLUTION 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 21, 2002, the City Council directed the
Planning Commission to study, set a public hearing, and provide
a recommendation pertaining to amendments to the Zoning Code
related to entitlement and uses; and
WHEREAS, on September 9, 2002, the Planning Commission held
a public workshop on the entitlement and use regulations
contained in Chapters 17.20, 17.28, 17.44, 17.60, 17.68 of the
Moorpark Municipal Code and gave direction to Community
Development staff on potential amendments to the regulations;
and
WHEREAS, the Community Development Department drafted
proposed amendments to the entitlement and use regulations in
response to direction from the Planning Commission; and
CC ATTACHMENT 2
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.
v a 4.'10
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 I)iCecco
and Chair Landis
NOES:
ABSTAIN:
ABSENT: Commissioner Peskay
PASSED AND ADOPTED THIS 1st DAY OF July, 2003.
L00010. •
Kipp andi , Ch
ATTEST:
tta r r / Hoga
C mmuTni y De elo ment Director
Exhibit
"A ":
Amended
Chapter
17.20
Exhibit
"B ":
Amended
Chapter
17.28
Exhibit
"C ":
Amended
Chapter
17.44
17.20.010
Chapter 17.20
USES BY ZONE
Sections:
17.20.010
Purpose.
1710.020
Use of matrices.
1710.030
Uses not listed.
17.20.040
Exemptions from zoning
clearance.
17.20.050
Permitted uses in open space,
agricultural and special purpose
zones.
17.20.060
Permitted uses in commercial
and industrial zones.
1710.010 Purpose.
Sections 17.20.050 and 17.20.060 list in matrix form
the uses that are allowed under this title. (Ord. 189 § 3
(8105 -0), 1994)
17.20.020 Use of matrices.
A. The following symbols indicate the type of permit
required for uses allowed in each zone (unless otherwise
indicated in city council Resolution No. 88 -523):
[Blank] Not permitted
♦ Permitted by zone clearance
■ Administrative permit
• Planning commission- approved planned
development permit
City council- approved planned development
permit
O Planning commission- approved conditional
use permit
City council- approved conditional use permit
NOTE: Approvals subject to change by city ordinance.
All uses located in the M -1 and M -2 zone which are
adjacent to residential zoned property shall require a city
council- approved conditional use permit prior to occupancy
of the building. Exception: All development permits or
zone clearances approved prigr to the ordinance codified
in this title shall continue as legally conforming including
those approved and not yet built or occupied. However,
after a five (5) year period from adoption of the ordinance
codified in this title, this exemption shall no longer be valid
and all existing development and occupancies shall become
legal- nonconforming. Thereafter, all changes of uses shall
conform to Section 17.52.040C which states that, "The
discontinuance for a period of one hundred eighty (180)
or more days of the nonconforming use, or a change of
nonconforming use to a conforming use, constitutes aban-
donment and termination status of the use, and therefore,
new uses shall be required to conform to the conditional
use permit requirement."
308 -1 (Moorpark 12.98)
CC ATTACHMENT 3
B. Uses shown in the matrix legend as "Permitted"
require a zoning clearance unless exempted under Section
17.20.040.
C. Each use is subject to all of the provisions of this
title.
D. For the purposes of this chapter, any use listed in
matrix form which is indented shall be construed as a
subheading of the heading under which it is indented.
E. Any use requested as an accessory use which is
listed in the matrix at Sections 17.20.050 and 17.20.060
as a main use shall be processed in accordance with the
indicated requirements of the main use.
1. Retail Sales in Industrial Zones. Retail sales may
be allowed in industrial zones under the following provi-
sions:
a. That the areas used for retail may not exceed twenty
percent (20%) of the entire floor area of the building;
b. That in the case of an industrial complex under
a single cumulative floor area of all buildings, twenty
percent (20%) of the cumulative floor area may be used
by any one (1) building for retail use;
c. Temporary retail sales may be allowed under the
provisions of the temporary use permit and must exhibit
verification of State Board of Equalization sellers permit.
The temporary permit shall be granted upon the stipulation
that the sales activity occur no more than once per month
and not on more than three (3) consecutive days;
d. Subsections (E)(lxa) and (E)(l)(b) shall be allowed
only as a modification to the original development permit.
In the case of a nonexistent development permit, one shall
be required.
F. The abbreviations used in Sections 17.20.050 and
17.20.060 are to be interpreted as follows:
agric. — agriculture
GFA — gross floor area
H &SC — Health and Safety Code
prelim. — preliminary
sq. ft. — square feet
W &IC — Welfare and Institutions Code
G. In accordance witir Section 17.04.040, the only uses
permitted are those listed as such in this title. The following
list of specifically prohibited uses is provided for informa-
tional purposes, and is not intended to be comprehensive:
1. Nuclear powerplants;
2. Public polo events;
3. Racetracks for horses or motorized vehicles;
4. Stadiums;
5. The parking of motor vehicles on vacant land con-
taining no principal use;
6. Retail sales from wheeled vehicles, except as
permitted pursuant to Section 17.20.040R. (Ord. 189 § 3
(8105 -1). 1994)
1720.020
17.20.030 Uses not listed.
Where a proposed land use is not identified in this chap-
ter, the director of community development shall review
the proposed use when requested to do so by letter and,
based upon the characteristics of the use, determine which
of the uses listed in this chapter, if any, is equivalent to
that proposed.
A. Upon a written determination by the director of
community development that a proposed unlisted use is
equivalent in its nature and intensity to a listed use, the
proposed use shall be treated in the same manner as the
listed use in determining where it is allowed, what permits
are required and what standards affect its establishment.
B. Determinations that specific unlisted uses are equiva-
lent to listed uses_ shall be recorded by the planning depart-
ment, and shall be considered for incorporation into the
zoning ordinance in the next scheduled ordinance amend-
ment. (Ord. 189 § 3 (8105 -2), 1994)
17.20.040 Exemptions from zoning clearance.
A zoning clearance is not required to be issued for the
following uses, if the uses meet the requirements of Section
17.44.030(Bxl)(a) and all other provisions of this title:
A. Public works projects constructed by the city or
its contractors;
B. Ordinary maintenance and minor repairs to buildings,
not involving structural alterations;
C. Permitted cop production, including pecking, storage x -.
or preliminary processing of crops, where no structures
are involved;
D. Permitted underground fuel storage;
E. Permitted open storage (see Chapter 17.28);
F. Signs which are exempt under Section 17.40.080;
G. Permitted pet and farm animals (see Section
17.20.050 and Chapter 17.28);
H. The drilling of water wells for the production of
water on any lot if water from said well is used only on
the lot upon which the well is located;
I. Patios, paving and decks (see Chapter 17.24), when
constructed no more than thirty (30) inches above the
surrounding finished grade;
J. Fences and walls six (6) feet or less and retaining
walls three (3) feet or less in height (see Chapter 17.24);
K. Soil testing for wells, foundations, septic systems
and similar construction;
L. Swimming, wading or ornamental pools designed
for a water depth of less than eighteen (18) inches;
M. Small public utility structures, such as electrical
boxes, transformers and valve apparatus, that have no
covered floor area and are attached to the ground by poles,
columns or pedestals;
309 (Moorpark 1 -c
,.� .� .-i
17.20.040
N. Sales or leasing of commercial or industrial office
space within an existing building on the same site as the
unit or units being sold or leased;
O. Play structures, outdoor fumia= and the like, which
are exempt from setback requirements pursuant to Section
17.24.040;
P. Temporary filming that meets any of the following
criteria:
1. Is for current news programs,
2. Is within an existing building,
3. Is during daylight hours for one (1) day in any seven
(7) day period, provided that such filming does not involve
open flames, explosives, or the construction of sets or other
structures;
Q. Grading, except for that which is proposed within
an overlay zone and requires a discretionary permit pursuant
to Chapter 1736;
R. The following types of retail sales from wheeled
vehicles, subject to the requirements of all other city
departments:
1. Trucks from which food is sold to employees of
commercial and industrial businesses along a predetemuned
route, provided that such trucks are not in any location
for more than one -half hour per day, and
2. Vehicles parked on the site of a permitted swap
meet, carnival, outdoor festival or similar event, and selling
food during such event. (Ord. 189 § 3 (8105 -3), 1994)
1720.050 Permitted uses in open space,
agricultural and special purpose
zones.
Permitted uses in open space, agricultural and special
purpose zones are set out in Table 17.20.050.
Note: An approved residential planned development
permit is required for five (5) or more lots in the RA, RO,
R -1 and RE zones.
The key for Table 17.20.050 is as follows:
[Blank) Not permitted
♦ Permitted by zone clearance
■ Administrative permit
• Planning commission- approved planned
development permit
City council- approved planned development
permit
O Planning commission - approved conditional
use permit
® City council- approved conditional use permit
Table 1720.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND
SPECIAL PURPOSE ZONES
Agriculture and agricultural operations (no retail except
as indicated).
Animal husbandry: Without structures'
With structures: total GFA per lot:
Up to 1,000 sq. ft.
Over 1,000 to 5,000 sq. ft.
Over 5,000 to 20,000 sq. ft.
Over 20,000 to 100,000 sq. ft.
Over 100,000 sq. ft
Apiculture=
Fish farms
More animals than are permitted by Section
17.28.030C
Contractors' service and storage yards and buildings
Crop production'
Wholesale nursery
Firewood operations
Greenhouse, hothouses and the like: total GFA
per lot'
Up to 1,000 sq. ft.
1,000 to 20,000 sq. ft.
(Moorpark 1 -01)
310
OS AE RA RE RO RI R2 RPD TP I
♦ ♦ O
Al
J
I
♦
♦
O
♦
♦
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
♦ ♦ O
Al
J
I
20,000 to 100,000 sq. ft.
Over 100,000 sq. ft.
Packing or prelim. processing, within structures:
total GFA per lot:'
Up to 5,000 sq. ft
5,001 to 20,000 sq. ft.
20,001 to 100,000 sq. ft.
Over 100,000 sq. ft.
Timber growing and harvesting, and compatible uses
Dwellings, farm worker (more than one per lot)
Wineries
Up to 2,000 sq. ft_ structure
2,001 to 20,000 sq. ft. structure
Over 20,000 sq. ft. structure
With public tours or tasting rooms
Accessory structures
To animal husbandry:
Dwelling, caretaker
More than one per lot
Offices
To crop production, including storage
Dwelling, farm worker. On lots of 40 acres
or more
On lots less than 40 acres
More than one per lot
Offices
Produce stands, retail2
Accessory uses, including open storage
Fuel storage'
Insecticides for pest control
Packing, storage or prelim. processing of
crops: Without structure'
Airfields and landing pads and strips, private
Animals, nonagricultural (see also Dwellings, accessory
uses and structures)'
Kennels
Wild animals
Boardinghouses and bed- and - breakfast inns
Care facilides2 (see also H &SC and W &IC)
Day: Care of 12 or fewer persons (State law
requirement related to day care facilities for 7 -12)
Care of 13 or more persons
Intermediate: Care of 7 or more persons
(see definitions)
Residential: Care of 6 or fewer persons
Care of 7 or more persons
Cemeteries
Accessory crematoria, columbaria and mausoleums
Churches, synagogue and other buildings used for
religious worship
Clubhouses (no alcoholic beverages)
311
17.20.050
OS AE RA RE RO R1 R2 RPD TP I
O O O
O O
SEE WITH STRUCTURES, ABOVE
O O O
O O O
O O O
SEE GREENHOUSE
O
O
O
•
•
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
SEE WITH STRUCTURES, ABOVE
O O O
O O O
O O O
SEE GREENHOUSE
O
O
O
O
O
O
O
.O
O
O
O
O
O
O
O
O
O
SEE ANIMAL
HUSBANDRY
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
0
0
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
(Moorpark 1 -01)
17.20.050
Communications facilities
Drilling, temporary geologic (testing only)
Dwelling, single- family2•' (R -P -D zone)
Mobilehome, continuing nonconforming
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, two-family, or two single - family dwellings`
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, multifamily
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, accessory structures
For human habitation:
Mobilehome/RV as temporary dwelling during
constructio02
Second dwelling2
Room additions
Not for human habitation (with or without bathroom):
Second story patio/deck
Accessory structure over 120 sq. ft.
Over 1,000 sq. ft. per structure; or over
2,000 sq. ft. per lot
Antenna, ground- mounted (noncommercial),
above 40 ft-2
Dwellings, accessory uses
Animals'
Apiculture2
Aviaries
Fans animals2 (other than horses/ponies)
` Horses/ponies2
Pet animals2
More animals than are permitted by Section
17.28.030C
Wild animals
Commercial uses, minor, for project residents
Home occupation
Storage, open"
Education and training
Colleges and universities
Schools, elementary and secondary (boarding and
nonboarding)
Energy production from renewable sources
Festivals and similar events, temporary outdoor
Government buildings
Correctional institutions
Fire stations
Law enforcement facilities
Grading'
Within an overlay zone
Hospitals
Hospitals for large animals
Libraries
(nnoarpiur 1 -01) 312
OS AE RA RE RO R1 R2 RPD TP I
0
0
0
0
0
0
0
O
O
O
O
O
O
O
■
■
■
■
O
■
■
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
D
D
D
O
O
O
O
D
D
♦
♦
♦
♦
♦
O
•
♦
♦
♦
♦
O
D
L
■
■
■
■
O
O O
U
•
R
O O
O
O
O O
O O
O O
Al
O O O O O O
�a
■
■
■
■
■
■
■
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
♦
♦
♦
♦
♦
O
♦
♦
♦
♦
♦
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
®
O
O
O
O
O
O
O
O
O
0
0
0
0
0
0
0
O
O
O
O
O
SEE
CHAP'T'ER
17.36
L
■
■
■
■
O
O O
U
•
R
O O
O
O
O O
O O
O O
Al
O O O O O O
�a
17.20.050
313 (neorark 6-02)
OS
AE
RA
RE
RO
R1
R2
RPD
TP
I
Mineral resource development
O
O
O
Mining and accessory uses`
O
O
O
Less than 9 months in duration
O
O
O
O
Public works maintenance
Oil and gas ex ?loration and production
O
O
O
O
Mobilehome parks
O
O
O
O
O
O
Model homes/lot sales; 2 years
More than 2 years
O
O
O
O
O
O
Motion picture and TV production, and related activities
and structures O
O
O
O
O
O
O
O
O
Temporary (maximum 42 days in any 180-day period)`''
♦
♦
♦
♦
♦
♦
♦
♦
Pipelines and transmission lines, aboveground'
O
O
O
O
O
O
O
O
O
O
Public utility facilities, excluding offices and service yards'
O
O
O
O
O
O
O
O
O
O
Recreational sport and athletic facilities
Camps'
O
O
O
Campgrounds'
O
O
O
O
Community centers
O
O
O
O
O
For farm workers and nonprofit farm community
organizations
O
O
O
Fields, athletic
O
O
O
O
O
O
Geothermal spas
Golf courses, except miniature gole
O
O
O
O
O
O
O
O
Parks
♦
O
♦
♦
♦
♦
♦
•
O
With buildings
O
O
O
O
O
O
O
O
O
Periodic outdoor sporting events
®
O
Recreational vehicle parks
O
O
O
Recreation projects, city- initiated
♦
♦
♦
Caretaker recreational vehicle, accessory
• Retreats': Without sleeping facilities
O
O
O
With sleeping facilities
O
O
O
O
Riding stables
O
O
O
O
With accessory lodging facilities
O
O
Shooting ranges and gun clubs
Signs (see also Section 17.20.040 and Chapter 17.40)
Storage of building materials, temporary 2
Trees and native vegetation: Removal, relocation
or damage'
Within an overlay zone
SEE CHAPTER
17.36
Uses and structures, accessory (other than to agric.
animals or dwellings)
♦
♦
♦
♦
♦
♦
♦
♦
O
O
To a use requiring a PD permit or CUP
Dwelling, caretaker
SEE SECTION 17.44.080A
Waste treatment and disposal
O
O
O
O
O
Water production, storage and distribution facilities:
Private purveyors'''
O
O
O
O
O
O
O
O
O
O
Wireless communications facilities'
O
O
O
O
O
O
O
O
O
O
Notes for Table 17.20.050:
1. See also Section 17.20.040.
2. There are specific regulations for this use; see Chapter 17.28.
3. See Chapter 17.32 for parking standard.
4_ Most public water facilities are exempt from these regulations.
5. There are specific regulation for this use; see Chapter
17.42, including
an
administrative
permit requirement for a
pre- approved location on public property.
(Ord. 278 § 4, 2002: Ord. 264 § 2 (part), 1999; Ord. 196 § 3 (part), 1994; Ord. 189
§ 3 (81054),
1994)
313 (neorark 6-02)
17.20.060
17.20.060 Permitted uses in commercial and
industrial zones.
Permitted uses in commercial and industrial zones are
set out in Table 17.20.060.
Note: All uses located in the M -1 and M -2 zones which
at the property line are adjacent to residentially zoned
property shall require a city council- approved conditional
use permit prior to occupancy of the building.
The key for Table 17.20.060 is as follows:
[Blank]
Not permitted
Permitted by zone clearance
•
Planning commission- approved planned
CO
development permit
o
City council- approved planned development
M2
permit
O
Planning commission- approved conditional
use permit
®
City council- approved conditional use permit
0
Administrative permit required
Temporary use permit
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
Airfields and landing pads and strips, private
Airports
Alcoholic beverage
Establishments selling beer and/or wine with an eating place
Establishments selling alcoholic beverages other than beer
and wine with an eating place
Amusement and recreational facilities (see definitions in Ch. 17.08)
Amusement parks and carnivals
Arcades
Batting cages and golf driving ranges, indoor
Bicycle racing tracks, outdoor
Health club /gymnasium (see definitions)
Martial arts and dance studios
Motion picture theaters, outdoor (drive -in)
Racetracks (for motorized vehicles), shooting ranges and stadiums
Art galleries, museums and artisan workshops
Automobile repair, including component repair
Automobile service stations
Banks and related financial offices and institutions
Barber, hairstylists, manicurists
Tanning centers
Bars, taverns and nightclubs'
Botanical gardens
Care facilities: For 7 or more persons (see also H &SC and W &IC)
Day,'
Intermediate and residential
Care facilities: For 9 or more persons (Day)
Car washes, self- service or automatic
Cemeteries, columbaria and mausoleums
Crematoria, accessory
Churches, synagogues and other buildings used for religious worships
Clubhouses
With alcoholic beverages
(Moorpark 6-02) 314
.. v r
C2
CO
CI
CPD
MI
M2
I
C -OT
O
O
O
O
O
0
0
0
0
0
0
•
O
•
O
O
O
O
O
O
O
O
•
•
O
•
•
O
O
O
PROHIBITED
♦'0
•
0
•
•
•
•
•
•
•
O
O
•
O
•
•
•
•
•
•
O
O
O
O
O
O
O
O
O
O
O
O
O
•
•
O
O
O
O
•
O
O
O
O
•
O
O
O
O
.. v r
Club projects, temporary outdoor
Communications facilities
Radio and television broadcasting stations
Conference center /convention center
Contractor service and storage yards and buildings
Crop production"
Firewood operations
Uses and structures, accessory
Dwelling, farm worker (maximum one per lot)
Fuel storage`
Offices
Packing, preliminary processing, or storage of crops: Without
structures`
Produce stands, retail'
Dog and cat grooming
Dressmaking and tailor shops
Drilling, temporary geologic (testing only)
Dwelling for superintendent or owner
Dwelling, caretaker
Education and training
Colleges and universities
Schools: Elementary and secondary (nonboarding only)23
Schools: Professional, vocational, art, craft and self- improvement
Energy production from renewable sources
Festivals and similar events, temporary outdoor
Government buildings, excluding correctional institutions
Fire stations
Libraries and information center
Grading`
Within an overlay zone
Grading not in conjunction with a development project
Less than 5,000 cubic yards
More than 5,000 cubic yards
Health club /gymnasium (see definitions)
Health services such as professional offices and outpatient clinics
Ambulance services
Hospitals
Pharmacy, accessory retail, for prescription pharmaceuticals only
Hotels, motels and bed- and - breakfast inns
Kennels (animal hospitals, boarding and grooming- -small animals)
Laboratories: research and scientific
Medical and dental
Laundry service (laundromats)
Laundry service (light)
Libraries and information center
Manufacturing associated with crafts and artisans
Assembly, exhibits, demonstration
Manufacturing industries
Apparel and related products
315
17- 20.060
C2
CO C1 CPD M1
M2 I
C -OT
O O
O
O
O O O O
O O
O
O •
• O
O
O
O
O
• •
(Moorpark 1 -01)
O
O
O
O
O
O
•
O
•
O
O
B
O
O
•
O
• •
•
•
•
O
O O
•
•
O
O
O
• •
O
•
•
O
O
•
B
• •
•
O
O
O
SEE CHAPTER 17.36
O
•
• •
•
O
O
O
•
•
O
O
O
O
• •
•
•
•
O
•
•
•
•
B
•
• •
•
B
O
• •
(Moorpark 1 -01)
17.20.060
(Moorpark 1 -01)
316
C2
CO Cl CPD
M1
M2 I C -OT
Dressmaking and tailor shops
• •
Chemicals, gases and related products (see definitions), excluding
nerve gas
Drugs, pharmaceuticals, perfumes, cosmetics and the like
•
•
Soaps, detergents and cleaners
Electrical and electronic machinery, equipment and supplies
•
•
Batteries
O
Household appliances
O
•
Transmission and distribution equipment, and industrial apparatus
O
•
Food and related products
O
•
Alcoholic beverages
Bakery products
•
•
Meat, seafood and poultry packing plants
O
Slaughtering; refining and rendering of animal fats and oils
Sugar refining
_
Furniture and related fixtures
•
Instruments: measuring, analyzing and controlling
•
•
Jewelry, silverware and plated ware
•
Laundry service^— laundromats6
Laundry service —lighe
Laundry service•— heavy6
Leather and leather products
•
•
Tanning, curing and finishing of bides and skins
Lumber and wood products and processes
•
Cabinet work
•
•
Plywood, particleboard and veneer manufacture; wood preserving
Sawmills and planing mills
Machinery, except electrical
•
Office, computing and accounting machines
•
•
Metal industries, primary
Rolling, drawing and extruding
O
Metal products, fabricated
•
Ammunition
Machine shops
•
•
Plating, polishing, anodizing, engraving and related operations
O
•
Musical instruments, including pianos and organs
•
•
Paper and related products
Products from paper and paperboard, including containers
•
•
Pens, pencils and other office and artists` materials
•
•
Personal goods
•
•
Petroleum refining and related industries
Photographic, medical and optical goods, and watches and clocks
•
• O
Printing, publishing and related industries
•
•
Print shops (up to 1,500 sq. ft. of gross floor area)
•
Rubber and plastics products
O
Tire retreading and recapping
•
Signs and advertising displays
•
•
Stone, clay and glass products
O
Asbestos products
Cement, concrete and plaster, and products fabricated therefrom
O
(Moorpark 1 -01)
316
17.20.060
317 (Momrpuk 1-01)
C2
CO C1 CPD
M1
M2
I C -OT
Glass and glassware, pressed and blown, including flat glass
Glass products, made of purchased glass
•
•
Rock crushing and sandblasting plants
Textile mill products
Tobacco products
•
Toys and amusement, sporting and athletic goods
•
•
Transportation equipment
O
Motorcycles, bicycles and related parts
•
Martial arts and dance studios
•
Mineral resource development
Mining and accessory uses'
Less than 9 months in duration
O
O
Public works maintenance
Oil and gas exploration and production'
O
O
Motion picture and TV production, and related activities and structures
O O O
O
O
O O
Temporary (maximum 47 days in any 180 -day period)"
♦ ♦ ♦
♦
♦
•
Offices: business, professional and administrative, except health and
veterinary
• • •
•
O
•
Optical goods
O
Organizations (professional, religious, political, labor, trade,
youth, etc.)
O
Parks — public
Parking lots
• • •
•
•
O
Pharmacy, accessory retail, for prescription pharmaceuticals only
Photocopy /quick printers
•
Photofinishing (1 -hour photo)
•
Pipelines and transmission lines, aboveground
O O
O
O
Produce stands, retail
•
Propulsion (engine) testing
Public utility facilities"
O O O
O
O
O O
Offices only
• • •
•
•
O •
Service yards
•
O
Recording studios and sound stages
•
O
O
Rental and leasing of durable goods
O
O
O
Bicycle rental
•
Repair and reconditioning services
O
O
•
Automobile body work and painting
O
O
O
Automobile repair, including component repair
O
O
•
Electrical and electronic machinery and equipment
•
•
Heavy machinery repair, including trucks, tractors and buses
•
Instruments, including musical instruments
•
•
Office, computing and accounting machines
•
•
Photographic and optical goods
•
•
Repair of personal goods such as jewelry, shoes and saddlery
• •
Restaurants, cafes and cafeterias
•
Restaurants, cafes and cafeterias' temporary outside eating
• •
•
•
•
Retail trade (see definitions in Chapter 17.08) includes retail -only
nurseries and excludes lumber and building materials sales yards,
pawnshops and liquor stores
•
Antique store
io
♦
317 (Momrpuk 1-01)
1720.060
Outdoor sales area
Outdoor sales area temporary
Retail trade (see definitions)
Christmas tree sales'
Feed stores
Lumber and building materials sales yards
Mail order houses (nonstore)
Motor vehicle, mobilehome, recreational vehicle and boat dealers'
Nurseries
Uses and structures, accessory
Outdoor sales and services, temporary' (see definitions)
Repair of products retailed
Salvage yards, including automobile wrecking yards
Service establishments
Business (see definitions) -
Auction halls, not involving livestock
Disinfecting and exterminating services
Exhibits, building of
Sign painting and lettering shops
Personal (see definitions)
Signs (See also Section 17.20.040 and Chapter 17.40)
Freestanding off -site advertising signs
Swap meets
Taxidermy
Transportation services (see definitions)
Bus and train terminals
Stockyards, not primarily for fattening or selling livestock
Truck storage, overnight
Trees and native vegetation: removal, relocation or damage`
Within an overlay zone
Uses and structures, accessory
Dwelling, for superintendent or owner
Dwelling, caretaker
Game machines: three or fewer
Recreational facilities, restaurants and cafes- for employees only
Retail sale of products manufactured on -site
Temporary buildings during construction'
Vaccination clinics, temporary, for pet animals'
Veterinary clinics, pet animals only'
Warehousing and storage, including ministorage
Automobile impound yards; dead storage of trucks, buses and the like
Building materials, movers' equipment and the like: indoor
Outdoor
Fertilizer and manure
Hazardous materials; including pesticides and herbicides
Petroleum and gas (butane, propane, LPG, etc.); explosives and
fireworks
Recreational vehicles
Storage of building materials, temporary'
Waste treatment and disposal (see definitions)
(Moogwk 1 -01) 318
C2
CO C1 CPD M1 M2 I C -OT
O
O O
• •
O
O
SEE PRINCIPAL USE
• •
•
O
O
•
O
O
O
O
O
O O
•
•
O
•
•
•
O
O
O
O
O
•
O
O
•
O
L
SEE CHAPTER 17.36
SEE PRINCIPAL USE
O O O O
O O
• •
•
— •J a0.
O O
• •
•
— •J a0.
17.20.060
Notes for Table 17.20.060:
1. There are specific regulations for this use; see Chapter 17.28.
2. If there is an existing planned development permit for the site, the school facility could be permitted by approval of
a modification to the existing permit.
3. For M -1, M -2 and C -O zones, a school facility would only be permitted where sponsored by or permitted within an
industrial or commercial use on the same site.
4. See also Section 17.20.040.
5. Churches located in existing buildings with an approved planned development permit will require a modification to
that permit.
6. If existing industrial building has approved IPD, restaurant will require approved minor modification to IPD.
7. Restaurants with temporary outside eating facilities shall receive a modification to the planned development permit.
8. Most public water facilities are exempt from these regulations.
9. The establishment must be an otherwise permitted or conditionally permitted use in the zone.
10. Applicable only to those properties within the boundaries of the Downtown Specific Plan Overlay Zone that have a
base zoning of CO.
11. There are specific regulations for this use; see Chapter 17.42, including an administrative permit requirement for
pre- approved location on public property.
(Ord. 278 § 5, 2002: Ord. 265 § 2 (part), 1999; Ord. 247 § 1(E), 1998: Ord. 234 § 2, 1997; Ord. 233 § 3, 1997; Ord. 209 §
3, 1995; Ord. 200 § 3 (part), 1994; Ord. 189 § 3 (8105 -5), 1994)
318 -1 (Moorpark 6-02)
C2
CO C1 CPD
M1
M2
1 C -OT
Recycling facilities and centers
O
•
O
Water production, storage and distribution facilities: Private purveyors 4,8
O O O
O
Wholesale trade
•
•
Wireless communications facilities"
O O O
O
O
O
Zoological gardens, animal exhibits and commercial aquariums
O
O
Notes for Table 17.20.060:
1. There are specific regulations for this use; see Chapter 17.28.
2. If there is an existing planned development permit for the site, the school facility could be permitted by approval of
a modification to the existing permit.
3. For M -1, M -2 and C -O zones, a school facility would only be permitted where sponsored by or permitted within an
industrial or commercial use on the same site.
4. See also Section 17.20.040.
5. Churches located in existing buildings with an approved planned development permit will require a modification to
that permit.
6. If existing industrial building has approved IPD, restaurant will require approved minor modification to IPD.
7. Restaurants with temporary outside eating facilities shall receive a modification to the planned development permit.
8. Most public water facilities are exempt from these regulations.
9. The establishment must be an otherwise permitted or conditionally permitted use in the zone.
10. Applicable only to those properties within the boundaries of the Downtown Specific Plan Overlay Zone that have a
base zoning of CO.
11. There are specific regulations for this use; see Chapter 17.42, including an administrative permit requirement for
pre- approved location on public property.
(Ord. 278 § 5, 2002: Ord. 265 § 2 (part), 1999; Ord. 247 § 1(E), 1998: Ord. 234 § 2, 1997; Ord. 233 § 3, 1997; Ord. 209 §
3, 1995; Ord. 200 § 3 (part), 1994; Ord. 189 § 3 (8105 -5), 1994)
318 -1 (Moorpark 6-02)
17.24.090
Speed Limit Sight Distance
Chapter 17.28
On Major Street (mph) Required (ft.)
25 165
STANDARDS
FOR SPECIFIC USES
30 190
35 225
Sections:
40 260
17.28.010
Purpose.
45 300
17.28.020
Standards relating to dwellings.
50 350
17.28.030
Standards relating to animals.
55 400
17.28.040
Auto, boat and trailer sales lots.
17.28.050
Mobilehome parks.
F. Light Fixtures. The following regulations apply to
17.28.060
Oil and gas exploration and
light fixtures over two (2) feet in height:
production.
1. Maximum height is twenty -four (24) feet (twelve
17.28.070
Produce stands.
(12) feet if within one hundred (100) feet of residentially
17.28.080
Recreational vehicle parks.
zoned property) unless a greater height is approved by the
17.28.090
Restaurants, bars and taverns.
director of community development or his designee.
17.28.100
Mining and reclamation.
2. Such futures shall not be placed in side setbacks.
17.28.110
Veterinary clinics.
3. Lights in excess of one hundred (100) watts shall
17.28.120
Motion picture and TV
not result in direct illumination of adjacent properties.
production, temporary.
4. A lighting plan shall be submitted for all approved
17.28.130
Outdoor sales and services,
entitlement projects governed by Chapter 17.44. The lighting
temporary.
plan shall achieve the following objectives: avoid interfer-
17.28.140
Christmas tree sales.
ences with reasonable use of adjoining properties; minimize
17.28.150
Temporary buildings during
on -site and off -site glare; provide adequate on -site lighting;
construction.
limit electroliers height to avoid excessive illumination;
17.28.160
Storage of building materials,
and provide structures which are compatible with the total
temporary.
design of the proposed facility.
17.28.170
Campgrounds.
5. Fixtures must provide sharp cut -off qualities which
17.28.180
Camps.
minimize light spillage at property lines.
17.28.190
Retreats.
6. Energy- efficient lighting fixtures shall be provided
17.28.200
Golf courses.
which are compatible with adjacent properties.
17.28.210
Buildings for the growing of
7. No direct light source (bulb) shall be visible from
crops.
the road.
17.28.220
Temporary pet vaccination
8. The architectural design of the pole(s) and lamp(s)
clinics.
shall complement the design of the building.
17.28.230
Day care facilities.
9. Eliminate upward light spillage. (Ord. 189 § 3
17.28.240
Nonmotorized wheeled
(8106 -8), 1994)
conveyance facilities and uses.
17.28.250
Caretaker recreational vehicle,
-
accessory.
1728.010 Purpose.
The purpose of this chapter is to set forth standards and
regulations which apply to proposed uses as listed. (Ord.
189 § 3 (8107 -0), 1994)
17.28.020 Standards relating to dwellings.
A. Antennas, Ground - Mounted. No antenna or mast
shall exceed seventy -five (75) feet in height. The crank -up
variety of ham radio antennas should be used. All units
are encouraged to be color - coordinated to harmonize with
predominant structural background material, so as to reduce
visual impacts. Where feasible, support structures shall
326
CC ATTACHMENT 4
be screened from public view. The most unobtrusive
locations for the antennas are generally in the rear yard,
behind trees and adjacent to main or accessory buildings
in order to provide background screening for the support
structure. The height, nature, texture and color of all
materials to be used for the installation, including landscape
materials, shall be submitted with the permit application.
B. Home Occupations. See Chapter 5.88.
C. Mobilehomes and Manufactured Housing.
1. Mobilehome Construction. Mobilehomes may be
used as single - family dwellings if the mobilehome was
constructed on or after June 15, 1976. Mobilehomes used
as second dwellings are subject to this date limitation.
2. Mobilehome Foundation System. Mobilehomes
which are used as single - family residences or as caretaker
or farm worker dwellings shall be installed on a foundation
system in compliance with Chapter 2. Article 7, Section
1333 of Title 25 of the California Administrative Code.
Nonconforming mobilehomes renewed under a continuation
permit shall be in compliance with the applicable provisions
of Chapter 2, Article 7 of Title 25.
3. Exterior Siding. Exterior siding of a single - family
dwelling shall extend to the ground level, or to the top
of the deck or structural platform where the dwelling is
supported on an exposed pile foundation complying with
the requirements of Sections 2908 and 2909 of the Uniform
Building Code, or to the top of a perimeter foundation.
For mobilehomes used as caretaker or farm worker dwell-
ings, manufactured mobilehome skirting shall completely
enclose the mobilehome, including the tongue, with a color
and material that will be compatible with the mobilehome.
The siding shall be covered with an exterior material
customarily used on conventional dwellings and approved
by the department of community development.
4. Site Plan and Elevations. The site plans and eleva-
tions of the proposed housing unit are subject to review
and approval of the department of community development.
Applicants are required to submit designs which are in
keeping with the overall character and quality of the neigh-
borhood and community.
5. Roof Pitch. The mobile home or manufactured
housing unit shall have a roof with a pitch of not less than
two (2) inches vertical rise for each twelve (12) inches
of horizontal run and consisting of shingles or other material
customarily used for conventional dwellings and approved
by the department of community development and the
building official.
6. Porches and Eaves. The mobile home or manufac-
tured housing unit may be required to have porches and
eaves, or roofs with eaves when, in the opinion of the
department of community development, it is necessary to
make it compatible with the dwellings in the area.
327
17.28.020
D. Mobilehome or Recreational Vehicle as Temporary
Dwelling During Construction. A mobilehome or recre-
ational vehicle may be used by the owner (s) of a lot as
a temporary dwelling unit for twelve (12) months during
construction of a residence for which a building permit
is in full force and effect on the same site. The director
of community development may grant one (1) additional
twelve (12) month period and a time extension if substantial
progress toward construction of the principal residence
is being made. Said mobilehome or recreational vehicle
shall be connected to the permanent water supply and
sewage disposal system approved by the Ventura County
environmental health division for the structure under
construction. Within forty-five (45) days after a clearance
for occupancy is issued by the city division of building
and safety, any such recreational vehicle shall be
disconnected from such systems and cease being used as
a dwelling, and any such mobilehome shall be removed
from the site. A temporary mobilehome or recreational
vehicle may be accessory to construction on adjacent lots
under the same ownership as the lot on which the
mobilehome or recreational vehicle is installed. A bond
or cash deposit shall be required in the amount to cover
removal of the temporary mobilehome prior to receiving
city approval for the placement of the temporary dwelling.
The amount of the deposit shall be determined by the
director of community development.
E. Model Homes/lot Sales. Model homes, or a tempo,.:
rary office, for the limited purpose of conducting sale only =r
of lots or dwellings in the subdivision, or dwellings of
similar design in another subdivision in the vicinity may
be permitted, subject to the following provisions:
1. The model homes or lots sales are part of an ap-
proved tentative map.
2. Road plans shall be submitted to the public works
department for approval.
F. Open Storage.
1. There shall be no open storage in any front or street -
side setback, or in an area three (3) feet wide along one
(1) side lot line.
2. On lots of twenty thousand (20,000) square feet
or smaller, open storage shall not exceed an aggregate area
of two hundred (200) square feet. On lots greater in area
than twenty thousand (20,000) square feet, the 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.
17.28.020
3. With the exception of boats and unstacked automo-
tive vehicles, the materials shall be limited to a height of
six (6) feet.
4. Open storage must be accessory to the principal
use of the property, and not related to any off -site commer-
cial business or activity.
5. The following are not considered to fall within the
definition of open storage, and are therefore exempt from
the above open storage regulations:
a. Materials or equipment kept on any lot for use in
construction of any building or room addition on said lot
for which a zoning clearance and necessary building permits
are obtained and in force, provided that such storage is
neat and orderly, and does not exceed an area equal to the
gross floor area of the building or addition under construc-
tion. Stored materials shall be installed within one hundred
eighty (180) days of their placement on the lot; however,
the director of community development may grant a time
extension for good cause, based on a written request from
the applicant;
b. Items used periodically or continuously on the
property by the resident(s) thereof, such as outdoor furniture,
trash cans or barrels, equipment for maintenance of the
property, outdoor cooking equipment, and recreational
equipment, accessory to the principal use;
c. Operative vehicles, boats, vehicles, or other items
placed on trailers which are operative and licensed for travel
on public thoroughfares;
d. One cord (128 cubic feet) of firewood, if stored
in a neat and orderly manner in one (1) location on the
lot.
G. Second Dwelling.
1. Standards and Requirements. A second dwelling,
as defined in Section 17.08.010, requires approval of an
administrative permit, and compliance with all of the
following standards and requirements:
a. A second dwelling shall only be permitted on a
residential zoned lot that is one - fourth acre (ten thousand
eight hundred ninety (10,890) square feet) or larger in size.
b. The lot on which a second dwelling is to be con-
structed shall contain an existing single - family dwelling,
which is owner occupied at the time of application for a
zoning clearance and building permit for the second dwell-
ing.
c. Prior to the approval of a zoning clearance for a
second dwelling, the applicant shall be required to complete
a neighborhood notification process, as established by city
council resolution.
d. The maximum size of the second dwelling shall
be limited to the more restrictive of either thirty percent
(30%) of the existing single - family dwelling floor space
or the following lot size limitations:
328
i. Lots ten thousand eight hundred ninety (10,890)
square feet to twenty-one thousand seven hundred eighty
(21,780) square feet — a second dwelling shall not exceed
eight hundred (800) square feet.
ii. Lots twenty-one thousand seven hundred eighty-one
(21,781) square feet to forty -three thousand five hundred
sixty (43,560) square feet — a second dwelling shall not
exceed nine hundred (900) square feet.
iii. Lots greater than one (1) acre to five (5) acres (two
hundred seventeen thousand eight hundred (217,800) square
feet) — a second dwelling shall not exceed one thousand
(1,000) square feet.
iv. Lots greater than five (5) acres —a second dwelling
shall not exceed one thousand one hundred (1,100) square
feet.
e. No more than one (1) second dwelling is allowed
on each lot.
f . The second dwelling shall not be sold as a separate
unit, but it may be rented.
g. The lot must conform with the lot area, width and
depth requirements for the underlying zone. A second
dwelling shall not be allowed on a legal nonconforming
lot.
h. Establishment of a second dwelling shall not create
or increase a nonconforming use or structure. A second
dwelling shall not be allowed on a lot which contains a
legal nonconforming use or structure.
i. Minimum yard setbacks from the property lines
for the second dwelling and associated garage or carport
structure shall be the same as is required for the existing
single - family dwelling based on the more restrictive of
either. (i) the setback requirements of an approved residen-
tial planned development (RPD) permit (see Section
17.36.030(8)(3)); or (ii) the setback requirements of the
applicable zone district (see Section 17.24.020).
j. Architectural standards of the second dwelling shall
conform to the existing single - family dwelling through
use of the appropriate building form, height, materials and
color. The roof material used for the second dwelling shall
be equal to or of higher quality than that used for the
existing single - family dwelling.
k. The only accessory structures that may be attached
to, or share a common wall with, a detached second dwell-
ing are a garage or carport.
1. The following parking standards shall apply:
i. The number of parking spaces required shall be
as follows:
(A) Second dwelling eight hundred (800) to nine hundred
(900) square feet in size — one (1) covered or uncovered
parking space is required.
<,XN a
_4
(B) Second dwelling larger than nine hundred (900)
square feet in size — two (2) covered or uncovered parking
spaces are required.
(ii) The size of each required off - street parking space
shall be an unobstructed minimum of nine (9) feet wide
by twenty (20) feet long.
(iii) The parking space(s) provided for the second dwell-
ing shall not be located in a required dwelling unit setback
and shall be paved.
(iv) The required off -strut parking space(s) for a second
dwelling shall be in addition to the parking required for
the existing single - family dwelling, and shall be located
on the same lot as the existing single - family and second
dwellings.
(v) Access to the parking area for a second dwelling
shall be at least ten (10) feet wide and paved.
m. The director of community development may
approve the use of a mobilchome or a manufactured house
on a fixed foundation as a second dwelling, if the design
is compatible with the existing single - family dwelling and
the surrounding community, and all of the mobilehome
and manufactured housing standards of subsection C of
this section are complied with.
n. A second dwelling processing fee, as established
by city council resolution, shall be paid at the time of
application for a zoning clearance for a second dwelling.
2. Deferral of Decision on Application. The director
of community development may defer any approval or
denial decision on an application for a zoning clearance
for a second dwelling to the planning commission if the
proposal:
a. Involves significant public controversy; or
b. Is in conflict with the standards and requirements
of subsection (G)(1) of this section;
c. May be precedent setting; or
d. Should be deferred for any other cause deemed
justifiable by the director of community development.
H. Use of Structures for Dwelling Purposes. Structures
may not be used for human habitation except as specifically
permitted in this title.
I. Satellite Dish Antennas. 'lire intent and purpose
of this section is to regulate the installation of satellite dish
antennas through the design review building process to
protect the environment, the character of the neighborhoods
or of the city as a whole, and the health, safety and general
welfare of the public.
1. Permitted Uses.
a. Satellite dish antennas shall be permitted uses upon
approval of the director of community development in the
residential zones in the case where the antenna is ground
mounted and the entire apparatus does not exceed eight
(8) feet from the ground, when the antenna is to be located
329
17.28.020
in the side or rear yard and conforms to the side or rear
yard residential setbacks for accessory buildings, wher
the antenna is not visible from the public right -of -way,
and when the antenna is provided with a screening cover.
b. Satellite antennas located in any commercial, indus-
trial, public facility, or any multifamily zone, will be
required to receive approval from the department of com-
munity development. Time department of community devel-
opment may issue a denial if the proposed location infringes
on the adjacent property owner or does not meet certain
conditions to maintain aesthetics in the area Such applica-
tion shall be filed with the department of community
development and shall include a plan showing the location
of the proposed antenna, height and width of antenna,
setback distances and description of the type of mount to
be used, and the landscape plans showing location of
existing trees, other natural features and proposed landscap-
ing features, including fence, wall or other screening, and
an application fee set by city council resolution.
2. General Provisions.
a. Only one (1) satellite dish will be allowed for a
single - family residential lot or apartment project.
b. The support structures for satellite dish antennas
in all zones, except for single- family residential zones where
the antenna is to be located in a side or rear yard, shall
be screened from view from public right -of -way, by use
of walls, fences and/or landscaping. s ,�
c. No advertising or text shall be permitted on thc� n$
satellite dish antenna, except for operational safety or
minimal logo information.
d. All satellite dish antennas, including the construc-
tion and installation thereof, shall conform to the Uniform
Building Code and Electrical Code requirements.
e. When attached to a main structure, the satellite dish
antenna shall not exceed the maximum building height in
the respective zone.
f. The satellite dish antenna shall not encroach into
any required setback except the rear residential setback,
nor shall it be in any required open space, private recreation
area or required parking space.
g. Outdoor wires necessary for the operation of the
antenna shall be placed underground or attached flush
against the building surface.
h. All units are encouraged to be color- coordinated
to harmonize with predominant structural background
material, so as to reduce visual impacts.
i. Satellite dish antennas outside of residential zones
may be located on rooftops with approval of the director
of community development only if ground mounting is
inappropriate or inaccessible. If allowed, roof - mounted
antennas shall be screened with such screening designed
CFN
. J
17.28.020
as an integral part of the building, to have the same color
of the building.
j. The city council shall adopt by resolution a process
providing for notification of homeowner associations and
adjacent neighbors prior to action by the decision - making
authority. (Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8107 -1),
1994)
17.28.030 Standards relating to animals.
A. Purpose. These regulations are intended to establish
standards and conditions for the keeping of all animals
in the city while protecting the health, safety and welfare
of its residents.
B. General Provisions — Standards. All the standards
contained in this section shall apply equally to all properties
unless otherwise noted.
1. Enclosure. All animals shall be properly caged or
housed, and must be kept in their 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 main-
tained free from litter, garbage and the accumulation of
manure. Premises shall be maintained in a neat and sanitary
manner. If farm animals are not maintained in compliance
with these standards, or are otherwise allowed to become
a nuisance, the city shall initiate enforcement proceedings
as provided by this code.
3. Animals Not Classified. Any animal not specifically
classified within this chapter shall be classified by the
director of community development, based upon a determi-
nation as to the probable negative impact of the health,
safety or general welfare upon the community.
C. Pet Animals. The keeping of pet animals is permitted
in all zones of the city, subject to the following provisions:
1. Dogs, Cats, Pot - Bellied Pigs and Miniature Horses.
a. Dogs, cats, pot- bellied pigs and miniature horses
are permitted to be kept upon lots used primarily for resi-
dential or agricultural uses, for recreational purposes (and
as protection) as provided in subsection (B)(Ixb) of this
section. They are permitted to be kept as an accessory use
upon any lot developed with an office, business or other
commercial or industrial use for the primary purpose of
protecting the premises from varmints and trespassers.
b. Multifamily dwellings in the city may have up to
two (2) dogs, cats, pot - bellied pigs or miniature horses
(in any combination). All other dwellings in the city may
have up to four (4) dogs, four (4) cats, four (4) pigs, or
four (4) miniature horses, or any combination not to exceed
a total of four (4) such animals.
330
c. The offspring of animals are allowed and shall not
be counted towards the maximum allowed number until
they are of weanable or self - sufficient age. Dogs and cats,
pot - bellied pigs and miniature horses shall be counted as
weaned at four (4) months of age or more.
2. Other Allowed Household Animals.
a. A maximum of fifteen (15) other domestic animals
such as domestic mice and rats, hamsters, guinea pigs,
chelonians, tropical fish, birds of the psittacine family
(enclosure must be set back at least fifteen (15) feet from
any dwelling or adjacent property).
b. Small caged crustaceans, amphibians and arthropods,
and other similar animals commonly sold in pet stores and
kept as household pets, may be kept upon any lot in any
zone where the principal use upon any such lot is residen-
tial, so long as animals are not maintained for commercial
purposes, do not constitute a nuisance, are adequately
provided with food, care and sanitary facilities, and do
not exceed a total of six (6) animals (fish being exempt)
on any lot either within or outside any dwelling. Offspring
shall not be counted until four (4) months from birth
c. Animals that, because of size, specialized breeding
or other unique quality, cannot be clearly categorized may
be permitted (including total number) , upon approval of
the director of community development.
3. Animal Units. The keeping of farm animals as a
principal or accessory use, except for pet animals, shall
be permitted in accordance with the matrix and table of
animal unit equivalents set forth below:
17.28.030
_ Notes:
1. In calculations for permitted animals, fractional numbers are to be rounded to the lower whole number.
2. The offspring of animals are allowed and shall not be counted until they are of weanable or self - sufficient age.
3. These separation requirements do not apply to pet animals (see subsection C of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq. ft. in the R -A or R -E
zone; see subsection E of this section for exception.
ANIMAL UNIT EQUIVALENTS
The following table indicates the animal unit equivalents for each type of permitted animal and provides for different types
of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1) animal unit, a chicken
is one -tenth yio of an animal unit, and so on. To calculate the number of any one 1 type of animal allowed on a property,
divide the total number of animal units allowed on the property by the animal unit equivalent for that animal.
Animal Type
Bull
Chicken
Cow
Donkey
Duck
Game hen
Racing pigeon
Goat, female
Goat, male
Goose
Guinea fowl
Animal Unit
Equivalent
1.0
.1
1.0
1.0
.1
.1
.05
.33
.5
.16
.5
Animal Type
Horse
Pony
Mule
Peafowl
Pig
Rabbit or other fur- bearing
animal of similar size at
maturity
Sheep
Turkey
Animal Unit
Equivalent
1.0
.5
1.0
.5
.5
.05
.16
No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty thousand (20,000) sq. ft.
in area in other zones.
331
C ,r, 3
-.� "
Minimum Lot
Distance Separation
Zone
Area Required
Animal Units Permitted"
Requirements
O -S
10,000 sq. ft.
Lots less than 20,000 sq. ft.: two units'. Lots
Except for movement on and
A -E
of 20,000 sq. ft. to 10 acres: I unit per 10,000
off the property, animals shall
R -A
sq. ft. of lot area. Lots over 10 acres: no limit.
not be kept, maintained or used
to any way, inside or outside of
any structure, within 40 feet of
those portions of any structure
used for human occupancy, as-
sembly or habitation, other than
the residence of the owner or
R -O
20,000 sq. ft.
Horses/ponies: 3 units plus 1 unit per 30,000
sq. ft. of total lot area. Other animals: 1 unit
per 10,000 sq. ft. of total lot area.
R-E
10,000 sq. ft.
2 units plus 1 unit per 20,000 sq. ft. of total
lot area.'
keeper of such animals.
R -1
20,000 sq. ft.
1 unit per 10,000 sq. ft. of lot area.
_ Notes:
1. In calculations for permitted animals, fractional numbers are to be rounded to the lower whole number.
2. The offspring of animals are allowed and shall not be counted until they are of weanable or self - sufficient age.
3. These separation requirements do not apply to pet animals (see subsection C of this section).
4. No cows, bulls, horses, mules or donkeys on lots less than twenty thousand (20,000) sq. ft. in the R -A or R -E
zone; see subsection E of this section for exception.
ANIMAL UNIT EQUIVALENTS
The following table indicates the animal unit equivalents for each type of permitted animal and provides for different types
of animals to be combined on a given lot. The table is to be interpreted as follows: a cow is one (1) animal unit, a chicken
is one -tenth yio of an animal unit, and so on. To calculate the number of any one 1 type of animal allowed on a property,
divide the total number of animal units allowed on the property by the animal unit equivalent for that animal.
Animal Type
Bull
Chicken
Cow
Donkey
Duck
Game hen
Racing pigeon
Goat, female
Goat, male
Goose
Guinea fowl
Animal Unit
Equivalent
1.0
.1
1.0
1.0
.1
.1
.05
.33
.5
.16
.5
Animal Type
Horse
Pony
Mule
Peafowl
Pig
Rabbit or other fur- bearing
animal of similar size at
maturity
Sheep
Turkey
Animal Unit
Equivalent
1.0
.5
1.0
.5
.5
.05
.16
No roosters, peafowl or guinea fowl are permitted in the R -1 zone or on lots less than twenty thousand (20,000) sq. ft.
in area in other zones.
331
C ,r, 3
-.� "
17.28.030
D. Applicability of Lot Area Requirements. Abutting
lots under unified control, either through ownership or by
means of a lease, may be combined in order to meet
minimum area requirements for animal- keeping or to keep
a greater number of animals, but only for the duration of
such common ownership or lease, and only in zones which
allow the keeping of animals as a principal use.
E. Temporary Exception. In the R -E zone, the director
of community development may authorize the keeping of
a maximum of two (2) horses on lots of ten thousand
(10,000) to twenty thousand (20,000) square feet, and an
exception to the distance separation requirements for a
period of one (1) year, without holding a public heating,
provided that the applicant submits:
1. A completed application form, as provided by the
director of community development;
2. A county assessor map, in duplicate, showing the
applicant's property outlined in red, the area and structures
to be devoted to animal use and the assessor parcel numbers
of all contiguous properties; and
3. A letter of consent from each resident located within
one hundred (100) feet of where the horses are to be kept,
maintained or used in any other way. The letter shall contain
the assessor parcel number, address and telephone number
of the contiguous resident, and shall state that the contiguous
resident is agreeable to the requested keeping of horses
and to the requested reduction of the distance separation
requirements.
F. Apiculture.
1. Street Separation. No beehive or box shall be located
or maintained within one hundred fifty (150) feet of any
public road, street or highway, or as determined by the
director of community development.
2. Apiary Location. A beehive or box shall be located
or maintained a safe distance from an urbanized area. For
the purpose of this section, an urbanized area is defined
as an area containing three (3) or more dwelling units per
acre. As the size of the area increases, the number of
dwelling units must increase proportionately by a minimum
of (3) three dwelling units per acre. A "reasonable distance"
shall be determined after investigation by the director of
community development. Decisions of the director of
community development may be appealed pursuant to
Section 17.44.090.
3. Dwelling Separation. No beehive or box shall be
located or maintained within four hundred (400) feet of
any dwelling on adjacent property.
4. Property Line Separation. No apiary shall be located
or maintained within fifty (50) feet of any property line
common to other property except that it may be adjoining
the property line when such other property contains an
332
apiary, or upon mutual agreement for such location with
the adjoining property owner.
5. Water. Available adequate and suitable water supply
shall be maintained on the property near the apiaries at
all times. (Ord. 189 § 3 (8107 -2), 1994)
17.28.040 Auto, boat and trailer sales lots.
New and used automobile, trailer and boat sales yards
are subject to the following conditions:
A. No repair or reconditioning of automobiles, trailers
or boats shall be permitted unless such work is accessory
to the principal retail use and is done entirely within an
enclosed building.
B. Except for required landscaping, the entire open
area of the premises shall be surfaced with concrete or
asphaltic concrete. (Ord. 189 § 3 (8107 -3), 1994)
1718.050 Mobilehome parks.
A. Mobilehome parks shall be developed in accordance
with all applicable standards, including density standards
(number of dwellings per unit of lot area), of the zone in
which the mobilehome park is located.
B. A mobilehome park may include, as part of an
approved permit, recreational and clubhouse facilities and
other accessory uses.
C. The minimum distance between structures in a
mobilehome park shall be ten feet, except that the minimum
distance between accessory structures shall be six (6) feet.
(Ord. 189 § 3 (8107 -4), 1994)
17.28.060 Oil and gas exploration and
production.
A. Purpose. The purpose of this section is to establish
reasonable and uniform limitations, safeguards and controls
for oil and gas exploration and production facilities and
operations within the city which will allow for the reason-
able use of an important city resource. These regulations
shall also ensure that development activities will be conduct-
ed in harmony with other uses of land within the city and
that the rights of surface and mineral owners are balanced.
B. Application. Unless otherwise indicated herein, the
purposes and provisions of Section 17.28.060 et seq. shall
be and are automatically imposed on and made a part of
any permit for oil or gas exploration and development issued
by city on or after March 24, 1983. Such provisions shall
be imposed in the form of permit conditions when permits
are issued for new development or for existing wells/
facilities without permits, or when existing permits are
modified. These conditions may be modified at the discre-
tion of the director of community development, pursuant
to Section 17.44.060B_ Furthermore, said provisions shall
apply to any oil and gas exploration and development
operation initiated on or after March 24, 1983, upon
federally owned lands for which no land use permit is
required by the city. No permit is required by the city for
oil and gas exploration and production operations conducted
on federally owned lands pursuant to the provisions of the
Mineral Lands Leasing Act of 1920 (30 U.S.C. Section
181 et seq.).
C. Definitions. Unless otherwise defined herein, or
unless the context clearly indicates otherwise, the definition
of petroleum- related terms shall be that used by the State
Division of Oil and Gas..
D. Required Permits. No oil or gas exploration or
production - related use may commence without or inconsis-
tent with a conditional use permit approved pursuant to
this title. Furthermore, a zoning clearance must be obtained
by the permittee to confirm consistency with the zoning
ordinance and/or conditional use permit prior to drilling
every well, commencing site preparation for such well(s),
or installing related appurtenances, as defined by the director
of community development. However, a single zoning
clearance may be issued for more than one (1) well or drill
site or structure. Possession of an approved conditional
use permit shall not relieve the operator of the responsibility
of securing and complying with any other permit which
may be required by other city ordinances, or state or federal
laws. No condition of a conditional use permit for uses
allowed by this title shall be interpreted as permitting or
requiring any violation of law, or any lawful rules or
regulations or orders of an authorized governmental agency.
When more than one (1) set of rules applies, the stricter
one shall take precedence.
E. Oil Development Guidelines. The general guidelines
that follow shall be used in the development of conditions
which will help ensure that oil development projects gener-
ate minimal negative impacts on the environment. The
guidelines shall be applied whenever physically and
economically feasible and practicable, unless the strict
application of a particular guideline(s) would otherwise
defeat the intent of other guidelines. An applicant should
use the guidelines in the design of the project and anticipate
their use as permit conditions, unless the applicant can
demonstrate that they are not feasible or practicable.
1. Permit areas and drill sites should generally coincide
and should only be as large as necessary to accommodate
typical drilling and production equipment.
2. The number of drill sites in an area should be
minimized by using centralized drill sites, directional drilling
and other techniques.
3. Drill sites and production facilities should be located
so that they are not readily seen.
333
17.28.060
4. Permittee and operators should share facilities such
as, but not limited to, permit areas, drill sites, access roads,
storage production and processing facilities and pipelines.
5. The following guidelines shall apply to the installa-
tion and use of oil and gas pipelines:
a. Pipelines should be used to transport petroleum
products off -site to promote traffic safety and air quality.
b. The use of a pipeline for transporting crude oil may
be a condition of approval for expansion of existing process-
ing facilities or construction of new processing facilities.
c. New pipeline corridors should be consolidated with
existing pipeline or electrical transmission corridors where
feasible, unless there are overriding technical constraints
or significant social, aesthetic, environmental or economic
reasons not to do so.
d. When feasible, pipelines shall be routed to avoid
important resource areas, such as recreation, sensitive
habitat, geological hazard and archaeological areas. Un-
avoidable routing through such areas shall be done in a
manner that minimizes the impacts of potential spills by
considering spill volumes, durations and projected paths.
New pipeline segments shall be equipped with automatic
shutoff valves, or suitable alternatives approved by the
director of community development, so that each segment
will be isolated in the event of a break.
e. Upon completion of pipeline construction, the site
shall be restored to the approximate previous grade and
t
condition. All sites previously covered with native vegeta -,_�.
tion shall be reseeded with the same or recovered with -�
the previously removed vegetative materials, and shall
include other measures as deemed necessary to prevent
erosion until the vegetation can become established, and
to promote visual and environmental quality.
6. Cuts or fills associated with access roads and drill
sites should be kept to a minimum to avoid erosion and
visual impacts. They should be located in inconspicuous
areas, and generally not exceed ten (10) vertical feet. Cuts
or fills should be restored to their original grade once the
use has been discontinued.
7. Gas from wells should be piped to centralized
collection and processing facilities, rather than being flared,
to preserve energy resources and air quality, and to reduce
fire hazards and light sources. Oil should also be piped
to centralized collection and processing facilities, in order
to minimize land use conflicts and environmental degrada-
tion, and to promote visual quality.
8. Wells should be located a minimum of eight hundred
(800) feet from occupied sensitive uses. Private access roads
to drill sites should be located a minimum of three hundred
(300) feet from occupied sensitive uses, unless this
requirement is waived by the occupant.
17.28.060
9. Oversized vehicles should be. preceded by lead
vehicles, where necessary for traffic safety.
10. Lighting should be kept to a minimum to approxi-
mate normal nighttime light levels.
11. In the design of new or modified oil and gas produc-
tion facilities, best accepted practices in drilling and produc-
tion methods should be utilized, if capable of reducing
factors of nuisance and annoyance.
F. Oil Development Standards. The following are
minimum standards and requirements which shall be applied
pursuant to subsection B of this section. More restrictive
requirements may be imposed on a project through the
conditions of the permit. Measurements are taken from
the outside perimeter of the noise receptors noted below:
1. Setbacks. No well shall be drilled and no equipment
or facilities shall be located within:
a. One hundred (100) feet of any dedicated public
street, highway or nearest rail of a railway being used as
such, unless the new well is located on an existing drill
site and the new well would not present a safety or right -of --
way problem. If aesthetics is a problem, then the permit
must be conditioned to mitigate the problem;
b. Five hundred (500) feet of any building or dwelling
not necessary to the operation of the well, unless a waiver
is signed pursuant to subsection (F)(25) of this section,
allowing the setback to be reduced. In no case shall the
well be located less than one hundred (100) feet from said
structures;
c. Five hundred (500) feet of any institution, school
or other building used as a place of public assemblage,
unless a waiver is signed pursuant to subsection (F)(25)
of this section, allowing the setback to be reduced. In no
case shall any well be located less than three hundred (300)
feet from said structures;
d. Three hundred (300) feet from the edge of the
existing banks of "red line' channels as established by the
Ventura County flood control district (VCFCD), one hun-
dred (100) feet from the existing banks of all other channels
appearing on the most current United States Geological
Survey (USGS) two thousand (2,000) feet scale topographic
map as a blue line. These setbacks shall prevail unless the
permittee can demonstrate to the satisfaction of the public
works agency that the subject use can be safely located
nearer the stream or channel in question without posing
an undue risk of water pollution, and impairment of flood
control interests. In no case shall setbacks from streams
or channels be less than fifty (50) feet. All drill sites located
within the one hundred year floodplain shall be protected
from flooding in accordance with flood control district -
requirements;
e. The applicable setbacks for accessory structures
for the zone in which the use is located;
334
f. One hundred (100) feet from any marsh, small wash,
intermittent lake, intermittent stream, spring or perennial
stream appearing on the most current USGS two thousand
(2,000) feet scale topographic map, unless a qualified
biologist, approved by the city, determines that there are
no significant biological resources present or that this
standard setback should be adjusted.
2. Obstruction of Drainage Courses. Drill sites and
access roads shall not obstruct natural drainage courses.
Diverting or channeling such drainage courses may be
permitted only with the authorization of the public works
agency.
3. Removal of Equipment. All equipment used for
drilling, redrilling, and maintenance work on approved wells
shall be removed from the site within thirty (30) days of
the completion of such work unless a time extension is
approved by the director of community development.
4. Containment of Contaminants. Oil, produced water,
drilling fluids, cuttings and other contaminants associated
with the drilling, production, storage and transport of oil
shall be contained on the site unless properly transported
off -site, injected into a well, treated or re-used in an ap-
proved manner on -site or if allowed, off -site. Appropriate
permits, permit modifications or approvals must be secured
when necessary, prior to treatment or re-use of oil field
waste materials. The permittee shall furnish the director
of community development with a plan for controlling oil
spillage and preventing saline or other polluting or contami-
nating substances from reaching surface or subsurface
waters. The plan shall be consistent with requirements of
city, state and federal laws.
5. Securities. Prior to the commencement or continu-
ance of drilling or other uses on an existing permit, the
pemuittee shall file, in a form acceptable to the city attorney
and certified by the city clerk, a bond or other security
in the penal amount of not less than ten thousand dollars
($10,000-00) for each well that is drilled or to be drilled.
Any operator may, in lieu of filing such a security for each
well drilled, redrWed, produced or maintained, file a security
in the penal amount of not less than ten thousand dollars
($ 10,000.00) to cover all operations conducted in the city
of Moorpark, a political subdivision of the state of Califor-
nia, conditioned upon the permittee well and truly obeying,
fulfilling and performing each and every term and provision
in the permit. In case of any failure by the permittee to
perform or comply with any term or provision thereof,
the planning commission may, after notice to the permittee
and a public hearing, by resolution, determine the amount
of the penalty and declare all or part of the security forfeited
in accordance with its provisions. The sureties and principal
will be jointly and severally obligated to pay forthwith the
full amount of the forfeiture to the city. The forfeiture of
any security shall not insulate the permittee from liability
in excess of the sum of the security for damages or injury,
or expense or liability suffered by the city from any breach
by permittee of any term or condition of said permit or
of any applicable ordinance or of this security. No security
shall be exonerated until after all the applicable conditions
of the permit have been met.
6. Dust Prevention. The drill site and all roads or
hauling routes located between the public right -0f -way and
the subject site shall be improved or otherwise treated as
required by the city and maintained as necessary to prevent
the emanation of dust. Access roads shall be designed and
maintained so as to minimize erosion, prevent the detcriora-
tion of vegetation and crops, and ensure adequate levels
of safety.
7. light Emanation. light emanation shall be controlled
so as not to produce excessive levels of glare or abnormal
light levels directed at any neighboring uses. lighting shall
be kept to a minimum to maintain the normal nighttime
light levels in the area, but not inhibit adequate and safe
working light levels. The location of all flood lights and
an outline of the illuminated area shall be shown on the
landscape plan, if required, or on the requisite plot plan.
8. Reporting of Accidents. The permittee shall immedi-
ately notify the director of community development and
fire department and all other applicable agencies in the
event of fires, spills or hazardous conditions not incidental
to the normal operations at the permit site. Upon request
of any city agency, the permittee shall provide a written
report of any incident within seven (7) calendar days which
shall include, but not be limited to, a description of the
facts of the incident, the corrective measures used and the
steps taken to prevent recurrence of the incident. Note:
The provisions in Proposition 65 apply.
9. Painting. All permanent facilities, structures, and
aboveground pipelines on the site shall be colored so as
to mask the facilities from the surrounding environment
and uses in the area. Said colors shall also take into account
such additional factors as heat buildup and designation of
danger areas. Said colors shall be approved by the director
of community development prior to painting of facilities.
Time Period
Day (7:00 a.m. to 7:00 p.m.)
Evening (7:00 p.m. to 10:00 p.m.)
Night (10:00 p.m. to 7:00 a.m_)
17.28.060
10. Site Maintenance. The permit area shall be main-
tained in a neat and orderly manner so as not to create
any hazardous or unsightly conditions such as debris; pools
of oil, water, or other liquids; weeds; brush; and trash.
Equipment and materials may be stored on the site which
are appurtenant to the operation and maintenance of the
oil well located thereon. If the well has been suspended,
idled or shut -in for thirty (30) days, as determined by the
Division of Oil and Gas, all such equipment and materials
shall be removed within ninety (90) days.
11. Site Restoration. Within ninety (90) days of revoca-
tion, expiration or surrender of any permit, or abandonment
of the use, the permittee shall restore and revegetate the
premises to as nearly its original condition as is practicable,
unless otherwise requested by the landowner.
12. Insurance. The perutittee shall maintain, for the
life of the permit, liability insurance of not less than five
hundred thousand dollars ($500,000.00) for one (1) person
and one million dollars ($ 1,000,000.00) for all persons and
two million dollars ($2,000,000.00) for property damage.
This requirement does not preclude the permittee from being
self - insured.
13. Noise Standard.
a. Unless herein exempted, drilling, production and
maintenance operations associated with an approved oil
permit shall not produce noise, measured at a point outside
of occupied sensitive uses such as residences, schools, health
care facilities, or places of public assembly, that exceeds
the following standard or any other more restrictive standard'
that may be established as a condition of a specific permit.
Noise from the subject property shall be considered in
excess of the standard when the average sound level,
measured over one (1) hour, is greater than the standard
that follows. The determination of whether a violation has
occurred shall be made in accordance with the provisions
of the permit in question.
b. Nomenclature and noise level description definitions
are in accordance with the city general plan goals, policies
and programs and the city general plan hazards appendix.
Measurement procedures shall be in accordance with the
city general plan hazards appendix.
c. The maximum allowable average sound level is
as follows:
Average Noise Levels (LEQ)
Drilling and Maintenance Phase
55 dB(A)
50 dB(A)
45 dB(A)
335
Producing Phase
45 dB(A)
40 dB(A)
40 dB(A)
, ,r, ,., �. -�
.; .,.
17.28.060
For purposes of this section, a well is in the "producing
phase" when hydrocarbons are being extracted or when
the well is idled and not undergoing maintenance. It is
presumed that a well is in the "drilling and maintenance
phase" when not in the "producing phase."
14. Exceptions to Noise Standard. The noise standard
established pursuant to subsection (F)(13) of this section
shall not be exceeded unless covered under any of the
following provisions:
a. Where the ambient noise levels (excluding the
subject facility) exceed the applicable noise standards. In
such cases, the maximum allowable noise levels shall not
exceed the ambient noise levels plus three (3) dB(A).
b. Where the owners/occupants of sensitive uses have
signed a waiver pursuant to subsection (F)(25) of this
section indicating that they are aware that drilling and
production operations could exceed the allowable noise
standard and that they are wilting to experience such noise
levels. The applicable noise levels shall apply at all locations
where the owners/occupants did not sign such a waiver.
15. Compliance with Noise Standard. When a permittee
has been notified by the planning division that his operation
is in violation of the applicable noise standard, the permittee
shall correct the problem as soon as possible in coordination
with the department of community development. In the
interim, operations may continue; however, the operator
shall attempt to minimize the total noise generated at the
site by limiting, whenever possible, such activities as the
following:
a. Hammering on pipe;
b. Racking or making -up of pipe;
c. Acceleration and deceleration of engines or motors;
d. Drilling assembly rotational speeds that cause more
noise than necessary and could reasonably be reduced by
use of a slower rotational speed;
e. Picking up or laying down drill pipe, casing, tubing
or rods into or out of the drill hole.
If the noise problem has not been corrected by seven
(7:00) p.m. of the following day, the offending operations,
except for those deemed necessary for safety reasons by
the director of community development upon the advice
of the Division of Oil and Gas, shall be suspended until
the problem is corrected.
16. Preventive Noise Insulation. If drilling, redrilling
or maintenance operations, such as pulling pipe or pumps,
are located within one thousand six hundred (1,600) feet
of an occupied sensitive use, the work platform, engine
base and draw works, crown block, power sources, pipe
rack and other probable noise sources associated with a
drilling or maintenance operation shall all be enclosed with
soundproofing sufficient to ensure that expected noise levels
do not exceed the noise limits applicable to the permit.
336
Such soundproofing shall be installed prior to the com-
mencement of drilling or maintenance activities, and shall
include any or all of the following: acoustical blanket
coverings, soundwalls, or other soundproofing materials
or methods which ensure that operations meet the applicable
noise standard.
17. Waiver of Preventive Noise Insulation. The applicant
may have a noise study prepared by a qualified acoustical
consultant, approved by the city. If the findings of the study
conclude that the proposed project will meet the city noise
standards contained in subsection (1)(13) of this section
and do not constitute a nuisance, then the soundproofing
requirement may be waived. If the findings show that a
noise level will be generated above and beyond the city
standards, then soundproofing must be installed sufficient
to meet the applicable noise standard. Where a waiver
pursuant to subsection (F)(25) of this section is signed,
no preventive noise insulation will be required.
18. Soundproofing Material. All acoustical blankets
or panels used for required soundproofing shall be of
fireproof materials and shall comply with California Indus-
trial Safety Standards and shall be approved by the Ventura
County fire protection district prior to installation.
19. Hours of Well Maintenance. All nonernergency
maintenance of a well, such as the pulling of pipe and
replacement of pumps, shall be limited to the hours of seven
(7:00) a.m. to seven (7:00) p.m. of the same day if the
well site is located within three thousand (3,000) feet of
an occupied residence. This requirement may be waived
by the director of community development if the permittee
can demonstrate that the applicable noise standard can be
met or that all applicable parties within the prescribed
distance have signed a waiver pursuant to subsection (F)(25)
of this section.
20. Limited Drilling Hours. All drilling activities shall
be limited to the hours of seven (7:00) a.m. through seven
(7:00) p.m. of the same day when they occur less than eight
hundred (800) feet from an occupied sensitive use. Night-
time drilling shall be permitted if it can be demonstrated
to the satisfaction of the director of community development
that the applicable noise standard can be met or that all
applicable parties within the prescribed distance have signed
a waiver pursuant to subsection (F)(25) of this section.
21. Signs. In addition to the signage otherwise allowed
by Chapter 17.40, only signs required for directions, instruc-
tions and warnings, identification of wells and facilities,
or signs required by other city ordinances or state and
federal laws may be placed in areas subject to an oil and
gas conditional use permit. Identification signs shall be
a maximum four (4) square feet in size and shall contain,
at minimum, the following information:
a. Division of Oil and Gas well name and number;
b. Name of owner /operator;
c. Name of lease and name and/or number of the well;
d. Name and telephone number of person(s) on twenty-
four (24) hour emergency call.
The well identification sign(s) shall be maintained at
the well site from the time drilling operations commence
until the well is abandoned.
22. Fencing. All active well sites (except submersible
pumps), sumps and/or drainage basins or any machinery
in use or intended to be used at the well site or other
associated facilities shall be securely fenced, if required,
based on the director of community development's deter-
mination that fencing is necessary due to the proximity
of nearby businesses, residences, or other occupied sensitive
uses. A single, adequate fence which is compatible with
surrounding area, may be used to enclose more than one
(1) oil well or well site and appurtenances. Location of
fences shall be shown on a submitted plot plan and/or
landscape plan, if required. Fences must meet all Division
of Oil and Gas regulations.
23. General Standards. Projects shall be located designed
and operated so as to minimize their adverse impact on
the physical and social environment. To this end, dust,
noise, vibration, noxious odors, intrusive light, aesthetic
impacts and other factors of nuisance and annoyance shall
be reduced to a minimum or eliminated through the best
accepted practices incident to the exploration and production
of oil and gas.
24. Screening and Landscaping. All oil and gas produc-
tion areas shall be landscaped so as to screen production
equipment in a manner consistent with the natural character
of the area, if required, based on the director of community
development's determination that landscaping is necessary.
Required landscaping shall be implemented in accordance
with a landscape and irrigation plan to be approved by
the director of community development or his/her designee
after consultation with the property owner. The landscape
plan shall be consistent with the city guide to landscape
plans and shall include measures for adequate screening
of producing wells and permanent equipment from view
of public roads or residential uses, revegetation of all cut
and fill banks, and the restoration of disturbed areas of
the site not directly related to oil and gas production. Low
water usage landscaping and use of native plants shall be
encouraged.
25. Waivers. Where provisions exist for the waiver of
an ordinance requirement, the waiver must be signed by
the owner and all adult occupants of a dwelling, or in the
case of other sensitive uses, by the owner of the use in
question. Once a waiver is granted, the permittee is exempt
from affected ordinance requirements for the life of the
waiver. Unless otherwise stated by the signatory, a waiver
337
17.28.060
signed pursuant to subsection (FX14)(b) of this section
shall also be considered a waiver applicable to subsections
(F)(16), (17), (19) and (20) of this section.
26. Application of Sensitive Use Related Standards.
The imposition of regulations on petroleum operations,
which are based on distances from occupied sensitive uses,
shall only apply to those occupied sensitive uses which
were in existence at the time the permit for the subject
oil operations was approved.
27. Inspection, Enforcement and Compatibility Review.
To ensure that adequate funds are available for the legiti-
mate and anticipated costs incurred for monitoring and
enforcement activities associated with new or modified
oil- and gas - related conditional use permits, the permittee
shall deposit with the city funds, determined on a case -by-
case basis, prior to the issuance of a zoning clearance. The
funds shall also cover the costs for any other necessary
inspections or the resolution of confirmed violations that
may occur. One (1) deposit may be made to cover all of
the permittees various permits. In addition, all new or
modified conditional use permits for oil- and gas- related
uses shall, at the discretion of the director of community
development, be conditioned to require a compatibility
review on a periodic basis. The purpose of the review is
to determine whether the permit, as conditioned, has
remained consistent with its findings for approval and if
there are grounds for proceeding with public hearings
concerning modification, suspension or revocation of the
permit. (Ord. 189 § 3 (8107 -5), 1994)
17.28.070 Produce stands.
A. One (1) produce stand per lot is allowed.
B. A produce stand shall be permitted only if accessory
to permitted crop production on the same lot, and only
if at least twenty -five percent (25%) of the area of the lot
is devoted to crop production.
C. A produce stand may sell raw unprocessed fruits,
vegetables, nuts, seeds and cut flowers grown on the same
lot and on other lots in the city.
D. A produce stand may sell only those ornamental
plants that are grown on the same lot as such stand is
located.
E. No commodities other than those listed above may
be sold from a produce stand.
F. The floor area of such stand shall not exceed four
hundred (400) square feet each.
G. Such stand shall not be located or maintained within
thirty (30) feet of any public road, street or highway. This
setback area shall be kept free to provide for off - street
parking.
H. The construction thereof shall be of a temporary
nature and shall not include a permanent foundation.
17.28.070
I. A produce stand may have one (1) freestanding
sign and one (1) attached sign, in addition to the attached
or freestanding sign otherwise allowed on the property,
provided that the respective area limits for attached and
freestanding signs, pursuant to Chapter 17.40, are not
exceeded in the aggregate. A sign for a produce stand may
have a commercial message. (Ord. 189 § 3 (8107-6),1994)
17.28.080 Recreational vehicle parks.
Each application for the development of a recreational
vehicle park, as defined in Title 25 of the California Admin-
istrative Code under "recreational trailer park,' shall be
subject to the following regulations.
A. Development Standards.
1. Minimum lot area for a recreational vehicle park
shall be three (3) acres.
2. Minimum percentage of the net area of each recre-
ational vehicle park which shall be left in its natural state
or be landscaped shall be sixty percent (60%).
3. The maximum size of a recreational vehicle occupy-
ing a space in the park shall be two hundred twenty (220)
square feet of living area. Living area does not include
built -in equipment such as wardrobes, closets, cabinets,
kitchen units or fixtures, or bath and toilet rooms.
4. Building height and setbacks shall be as prescribed
in the applicable zone, except where Title 25 of the Califor-
nia Administrative Code is more restrictive.
5. No recreational vehicle or accessory building shall
be located less than six (6) feet from any other recreational
vehicle or accessory building on an adjacent space.
6. The distance from any picnic table to a toilet should
be not less than one hundred (100) feet nor more than three
hundred (300) feet.
7. All setbacks from streets and other areas in a recre-
ational vehicle park not used for driveways, parking,
buildings or service areas shall be landscaped.
8. Trash collection areas shall be adequately distributed
and enclosed by a six (6) foot high landscape screen, solid
wall or fence, which is accessible on one (1) side.
9. The minimum size of each recreational campsite
shall be one thousand (1,000) square feet, and the minimum
width shall be twenty-five (25) feet.
10. Any of the foregoing standards may be modified
subject to the provisions of Title 25, if evidence presented
to the decision - making authority establishes that such
modification is necessary to ensure compatibility with the
established environmental setting.
11. The maximum number of trailer spaces per net acre
of land shall be eighteen (18), unless a lower maximum
is specified in the conditional use permit for the park.
B. Site Design Criteria.
338
I. Each space should have a level, landscaped front
yard area with picnic table and a grill or campfire ring.
2. The office should be located near the entrance. which
should also be the exit.
3. The site should be designed to accommodate both
tent and vehicle campers (travel trailers, truck campers,
camping trailers, motor homes) and shall be designed so
as to minimize conflicts between vehicles and people.
4. Drive- through spaces should be provided for towed
trailers.
5. Walls or landscaped earthen berms should be used
to minimize noise from highway sources.
6. Utility conduits shall be installed underground in
conformance with applicable state and local regulations.
7. Intensity of development in Los Padres National
Forest shall not exceed permissible standards of the United
States Forest Service Manual, April, 1970, Title 2300 —
Recreation Management, experience level three (3), as may
be amended from time to time, unless evidence presented
to the decision - making authority demonstrates a necessity
and desirability to deviate from such standards, or unless
otherwise specified in this title.
8. Roadways and vehicle pads shall not be permitted
in areas of natural slope inclinations greater than fifteen
percent (15%) or where grading would result in slope
heights greater than ten (10) feet and steeper than 2:1.
9. Where needed to enhance aesthetics or to ensure
public safety, a fence, wall, landscape screen, earth mound
or other screening approved by the director of community
development shall enclose the park.
10. Each site plan should also incorporate a recreational
or utility building, laundry facilities and an entrance sign,
made from natural materials, which blends with the land-
scape.
11. Each park shall be provided with sewer connections
or dump stations, or a combination thereof, to serve the
recreational vehicles.
C. Additional Provisions.
1. Each park may include a commercial establishment
on -site, not exceeding five hundred (500) square feet of
floor area, for the sole use of park residents.
2. Each park is permitted one (1) on -site mobilehome
to be used solely for the management and operation of
the park, pursuant to Title 25 of the California Administra-
tive Code.
3. No permanent building or cabana shall be installed
or constructed on any trailer space; however, portable
accessory structures and fixtures are permitted.
4. No travel trailers, trailer coaches, motorhomes,
campers or tents shall be offered for sale, lease or rent
within a recreational vehicle park.
s
5. Off -road motor vehicle uses which might cause
damage to vegetation or soil stability shall not be permitted.
6. The maximum time of occupancy for any family
or recreational vehicle within any recreational vehicle park
shall be ninety (90) days within any one hundred twenty
(120) day period. (Ord. 189 § 3 (8107 -7), 1994)
17.28.090 Restaurants, bars and taverns.
A maximum of two (2) pool or billiard tables may be
accessory to this use. (Ord. 189 § 3 (8107 -8), 1994)
17.28.100 Mining and reclamation.
A. Purpose. The purpose of this section is to establish
reasonable and uniform limitations, safeguards and controls
for mining and accessory uses which will allow for the
reasonable use of an important city resource. These regula-
tions shall also ensure that mining activities will be conduct-
ed in harmony with the environment and other uses of land
within the city and that mineral sites will be appropriately
reclaimed.
B. Application. Unless otherwise indicated herein, the
purpose, intent and provisions of Section 17.28. 100 et seq.
shall be and are automatically imposed and made a part
of any permit for mining development issued by the city
on or after April 11, 1985. Furthermore, said provisions
shall apply to any mining development operation initiated
on or after April 11, 1985, upon federally owned lands
for which it has been determined that no land use permit
is required by the city.
C. Definitions. Unless otherwise defined herein, or
unless the text clearly indicates otherwise, the definition
of mining shall be that defined in this title.
D. Required Permits. No mining - related use may
commence without the appropriate conditional use permit
required pursuant to this title. Furthermore, a zoning
clearance must be obtained by the permittee prior to com-
mencing activities authorized by the conditional use permit,
as it may be modified. The issuance of a conditional use
permit shall not relieve the operator of the responsibility
of securing and complying with any other permit which
may be required by other city ordinances, or state or federal
laws. No condition of a conditional use permit for uses
allowed by this title shall be interpreted as permitting or
requiring any violation of law, or any lawful rules or
regulations or orders of an authorized governmental agency.
In instances where more than one (1) set of rules apply,
the stricter one shall take precedence.
E. Mining and Reclamation Guidelines. The general
guidelines that follow shall be used in the development
of conditions which will help ensure that mining projects
generate minimal negative impacts on the environment.
The guidelines shall be applied whenever physically and
339
17.28.080
economically feasible or practicable, unless the strict
application of a particular guideline(s) would otherwise
defeat the intent of other guidelines. An applicant should
use the guidelines in the design of the project and anticipate
their use as permit conditions, unless the applicant can
demonstrate that they are not physically or economically
feasible or practicable.
1. All mining and reclamation shall be consistent with
the city general plan, the county water quality management
plan (208 plan) and the State Surface Mining and Reclama-
tion Act of 1975 (SMARA), as amended, and state policy
adopted pursuant to SMARA.
2. Mining and accessory uses of less than nine (9)
months in duration are not renewable nor are such uses
allowed to continue operating for any reason beyond nine
(9) months after issuance of the permit.
3. No provisions in this title or in the city general plan
shall be construed to encourage any mining operation or
facility which would endanger the public's health, safety
or welfare, which would endanger private or public facilities
or which would prohibit the alleviation of a hazard by
hampering or precluding such activities as the maintenance,
restoration or construction of public works facilities.
4. In general, projects shall be located, designed and
operated so as to minimize their adverse impact on the
physical and social environment, including natural resources.
To this end, dust, noise, vibration, noxious odors, intrusive
light, aesthetic impacts, traffic impacts and other factors:
of nuisance and annoyance, erosion and flooding shall be'
reduced to a minimum or eliminated through the best
accepted mining and reclamation practices, applicable to
local conditions, which are consistent with contemporary
principles and knowledge of resource management, flood
control engineering and floodplain management.
5. The extraction of aggregate shall strike a reasonable
balance with other resource priorities such as water, farm-
land, fish and wildlife and their habitat, sediment for
replenishment and the protection of public and private
structures and facilities.
6. The extraction of aggregate resources in rivers and
streams shall allow for the ongoing maintenance of viable
riparian ecology by preserving as many natural stream
elements as practical. Mining operations may provide for
the enhancement of some riparian ecosystems as a mitiga-
tion to compensate for significant adverse environmental
effects on other riparian ecosystems, thereby preserving
the overall quality of the riparian environment.
7. Appropriate and reasonable monitoring and enforce-
ment measures shall be imposed on each mining operation
which will ensure that all permit conditions, guidelines
and standards of Section 17.28.100 et seq. are fulfilled.
17.28.100
8. Reclamation of a site shall include the removal of
equipment and facilities and the restoration of the site so
that it is suitable for subsequent uses which are consistent
with the plans for the area as well as the existing and
proposed uses in the general area. Reclamation shall be
conducted in phases on an ongoing basis, where feasible.
F. Mining and Reclamation Standards. The following
are minimum standards and requirements which shall be-
applied pursuant to subsection B of this section.
1. General Mining Standards. Projects shall be located,
designed, operated and notice of their activities provided
so as to minimize their adverse impact on the physical and
social environment and natural resources. To this end, dust,
noise, vibration, noxious odors, intrusive light, aesthetics,
traffic impacts and other factors of nuisance and annoyance,
erosion and flooding shall be reduced to a minimum or
eliminated through the best accepted practices which are
applicable to local conditions and incident to the exploration
for and extraction of aggregate resources. In addition,
mitigation measures should be consistent with contemporary
principles and knowledge of resource management, flood
control engineering and floodplain management. Further,
posting of signs and notification to neighboring property
owners of the project's activities shall be required where
necessary.
2. Setbacks. No processing equipment or facilities shall
be permanently located and no mining shall occur within
the horizontal setbacks specified below:
a. One hundred (100) feet of any dedicated public
street or highway unless the public works agency determines
a lesser distance would be acceptable;
b. One hundred (100) feet of any dwelling not accesso-
ry to the project, unless a waiver is signed pursuant to
subsection (Fx13) of this section allowing the setback to
be reduced. In no use shall permanent processing facilities,
equipment or mining be located less than fifty (50) feet
from said structures.
c. Two hundred (200) feet of any institution, school
or other building used as a place of'public assemblage,
unless a waiver is signed pursuant to subsection (F)(13)
of this section allowing the setback to be reduced. In no
case shall permanent processing facilities or equipment
or mining be located less than one hundred (100) feet from
said structures. Other facilities and structures shall be set
back distances which are applicable for accessory structures
for the zone in which the use is located.
3. Obstruction of Drainage Courses. Mining operations,
access roads, facilities, stockpiling of mineral resources
and related mining activities shall be consistent with current
engineering and public works standards and in no case
shall obstruct, divert, or otherwise affect the flow of natural
340
drainage and flood waters so as to cause significant adverse
impacts, except as authorized by the public works agency.
4. Control of Contaminants, Runoff and Siltation.
Contaminants, water runoff and siltation shall be controlled
and generally contained on the project site so as to minimize
adverse off -site impacts.
5. Dust Prevention. The project site and all roads or
hauling routes located between the public right -of -way and
the subject site shall be improved or otherwise treated as
required by the city and maintained as necessary to prevent
the emanation of dust.
6. Light Emanation. light emanation shall be controlled
so as not to produce excessive levels of glare or abnormal
light levels directed at any neighboring uses.
7. Painting. All permanent facilities and smwtures
on the site shall be colored so as to mask facilities visible
from surrounding uses and roadways in the area Said colors
shall also take into account such additional factors as heat
buildup and designation of danger areas. Said colors shall
be approved by the director of community development
prior to painting of facilities.
8. Site Maintenance. The permit area shall be main-
tained in a neat and orderly manner so as not to create
unsightly conditions visible from outside the permitted area
or any hazardous conditions. Equipment and materials may
be stored on the site which are appurtenant to the operation
and maintenance of mining operations.
9. Reclamation Plan. No mining permit shall be ap-
proved without an approved reclamation plan which is:
(1) consistent with the provisions of the state Mining and
Reclamation Act of 1975 as amended; (2) consistent with
public works agency standards; (3) consistent with any
and all locally adopted resource management goals and
policies; and (4) compatible with the existing geological
and topographical features of the area. Additional consider-
ations, such as the following, shall also be addressed:
a. The creation of safe, stable slopes and the prevention
of subsidence;
b. Control of water runoff and erosion;
c. Views of the site from surrounding areas;
d. Availability of backfill material;
e . Proposed subsequent use of the land which will
be consistent with the general plan and existing and pro-
posed uses in the general area;
f. Removal or reuse of all structures and equipment;
g. The time frame for completing the reclamation;
h. The costs of reclamation if the city will need to
contract to have it performed;
i. Revegetation of the site;
j. Phased reclamation of the project area;
k. Provisions of appropriate securities to ensure comple-
tion of approved reclamation plans.
10. Removal of Equipment All equipment on the project
site shall be removed from the site within one hundred
eighty (180) days of the termination of the use, unless a
time extension is approved by the director of community
development.
11. Application of Sensitive Use Related Standards.
The imposition of regulations on mining operations, which
are based on distances from occupied sensitive uses, shall
only apply to those occupied sensitive uses which were
in existence at the time the permit for the subject mining
operations was approved. The provisions of this section
shall continue for the life of the permitted mining operations
at the subject site.
12. Exceptions to Standards. Upon the written request
of the permittee, the director of community development
may grant temporary exceptions to the noise standards,
hours of operation and the conditions of a given permit
provided it is deemed necessary because of a declared public
emergency or the off -hours scheduling of a public works
project where a formal contract to conduct the work in
question has been issued.
13. Waivers of Standards. Where provisions exist for
the waiver of ordinance requirements, the waiver must be
signed by the owner and all adult occupants of a dwelling,
or in the case of other sensitive uses, by the owner of the
use in question. Once a waiver is granted, the permittee
is exempt from affected ordinance requirements relative
to the sensitive use in question for the life of the permitted
operations.
14. Reporting of Accidents. The permittee shall immedi-
ately notify the director of community development of any
incidents such as fires, explosions, spills, land or slope
failures or other conditions at the permit site which could
pose a hazard to life or property outside the permit area.
Upon request of any city agency, the permittee shall provide
a written report of any incident within seven (7) calendar
days which shall include, but not be limited to, a description
of the facts of the incident, the corrective measures used
and the steps taken to prevent recurrence of the incident.
15. Contact Person. The permittee shall provide the
director of community development with the current name(s)
and/or position title, address and phone number of the
person who shall receive all orders, notices and communica-
tions regarding matters of condition and code compliance.
The person(s) in question shall be available by phone during
the hours that activities occur on the permit site, even if
this means twenty-four (24) hours a day.
16. Current Mining Plans. For mining projects located
in sensitive areas which operate under regularly changing
environmental conditions (e.g., in -river mining), a mining
plan shall be prepared by the permittee on a regular basis
in accordance with the applicable conditions of a project's
permit. Said plan shall describe how mining over the next
341
17.28.100
interval will be conducted in accordance with the intent
and provisions of the project's use permit. The plan shall
be reviewed and approved by the city at the penmittee's
expense. The review and approval of current mining plans
shall not be used in lieu of the formal modification process
to change the text and drawings of the permit conditions.
17. Permit Review. Monitoring of the permit or aspects
of it may be required as often as necessary to ensure
compliance with the permit conditions. In any case, the
permit and site shall be reviewed and inspected by the
planning division at least once every ten (10) years. The
purpose of said review is to ascertain whether the permittee
is in compliance with all conditions of the permit, and
whether there have been significant changes in environmen-
tal conditions, land use or mining technology, or if there
is other good cause which would warrant the director of
community development's filing of an application for
modification of the conditions of the permit. If such an
application is filed, it shall be at the city's expense and
modification of conditions would not occur without a duly
noticed public hearing.
18. Enforcement Costs. Permit conditions shall be
imposed which will enable the city to recover the reasonable
and appropriate costs necessary for the reviewing and
monitoring of permit operations and the enforcing of the
applicable requirements of the zoning ordinance and the
conditions of this permit.
19. Civil Penalties.
a. In case of any failure by the pennittee to perform
or comply with any term or provision of this conditional
use permit, the final decision - making authority that would
act on the permit may, after notice to the permittee and
a public hearing, determine by resolution the amount of
the civil penalty to be levied against the permittee. Said
penalty shall be paid within thirty (30) days unless the
penalty is under appeal. Failure to pay the penalty within
the allotted time period shall be considered grounds for
suspension of the subject use, pursuant to Section
17.44.080B.
b. The maximum penalty that can be levied against
a permittee at any given time shall be in accordance with
the amounts set forth below. The amounts for a given permit
may be increased to adjust for inflation pursuant to the
conditions of the subject permit.
Total Permitted Extraction Applicable Civil
(Life of the Project) Penalty Ceiling
Less than 10,000 cu. yards $ 5,000.00
10,000 to 99,999 cu. yards 10,000.00
100,000 to 999,999 cu. yards 15,000.00
1,000,000+ cu. yards 25,000.00
17.28.100
20. Performance Securities. Performance bonds or other
securities may be imposed on any permit to ensure compli-
ance with certain specific tasks or aspects of the permit.
The amount of the security shall be based upon the actual
anticipated costs for completing the subject task if the city
were forced to complete it rather than the permittee. The
performance security may be posted in phases as tasks are
undertaken or required to be completed.
21. Insurance. The permittee shall maintain, for the
life of the permit, liability insurance of not less than five
hundred thousand dollars ($500,000.00) for one (1) person
and one million dollars (51,000,000.00) for all persons,
and two million dollars ($2,000,000.00) for property dam-
age. This requirement does not preclude the permittee from
being self - insured. (Ord. 189 § 3 (8107 -9), 1994)
17.28.110 Veterinary clinics.
Veterinary clinics must be housed in a completely
enclosed soundproof building, except as provided in Section
17.28.180. (Ord. 189 § 3 (8107 -10), 1994)
17.28.120 Motion picture and TV production,
temporary.
Such outdoor filming shall not result in high or unreason-
able levels of light, glare or noise being directed toward
neighboring properties, and shall not cause disturbances
in normal traffic flows, nor cause damage to flora or fauna.
The applicant shall obtain the appropriate permits and
approvals from the city and other city departments, and
shall restore the property to its original condition when
such filming is completed. The time limits stated in Chapter
17.20 for temporary filming apply to individual lots. (Ord.
189 § 3 (8107 -11), 1994)
17.28.130 Outdoor sales and services,
temporary.
Such uses are permitted for one (1) calendar day in any
ninety (90) day period, provided that they do not disrupt
normal traffic flows and do not result in the blocking of
public rights -of -way, parking lot aisles or required parking
spaces. All related facilities and materials shall be removed
on the departure of the use. (Ord. 189 § 3 (8107 -12), 1994)
17.28.140 Christmas tree sales.
The outdoor sale of trees and wreaths for festive or
ornamental purposes is permitted during the forty-five (45)
day period immediately preceding December 25th. Such
sales activities shall not disrupt normal traffic flows, nor
result in the blocking of public rights -of -way, parking lot
aisles or required parking spaces. All related structures,
facilities and materials shall be removed by December 31 st
of the same year. Christmas tree sales are allowed one (1)
342
temporary, unlighted identification sign not exceeding
twenty (20) square feet in area. (Ord. 189 § 3 (8107 -13),
1994)
17.28.150 Temporary buildings 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 1720.060,
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-
frve (45) days after a clearance for occupancy is issued
by the city department of building and safety. (Ord. 189
§ 3 (8107 -14), 1994)
17.28.160 Storage of building materials,
temporary.
The temporary storage of construction materials is
permitted on a lot adjacent to one on which a valid zoning
clearance and building permit allowing such construction
is in force, or on a project site within a recorded subdivi-
sion. Such storage is permitted during construction and
for forty-five (45) days thereafter. (Ord. 189 § 3 (8107 -15),
1994)
Me
17.28.170 Campgrounds.
Campgrounds shall be developed in accordance with
the following standards:
A. Minimum lot area shall be three (3) acres.
B. At least seventy-five percent (75%) of the total site
shall be left in its natural state or be landscaped. The
remaining twenty -five percent (25%) of land is eligible
for development.
C. Each individual camp site shall be no less than one
thousand (1,000) sq. ft. and there shall be no more than
nine (9) sites per developable acre. Group camp sites shall
be designed to accommodate no more than twenty-five
(25) people per acre.
D. Where needed to enhance aesthetics or to ensure
public safety, a fence, wall, landscaping screen, earth mound
or other screening approved by the director of community
development shall enclose the campground.
E. Utility conduits shall be installed underground in
conformance with applicable state and local regulations.
F. , The design of structures and facilities, and the site
as a whole shall be in harmony with the natural surround-
ings to the maximum feasible extent.
G. Trash collection areas shall be adequately distributed
and enclosed by a six (6) foot high landscape screen, solid
wall or fence, which is accessible on one (1) side.
H. Off -road motor vehicle uses are not permitted.
I. The following standards apply to structures on the
site, apart from the personal residences) of the property
owner, campground director /manager or caretaker:
1. Structures are limited to restrooms/showers and
a clubhouse for cooling and/or minor recreational purposes.
2. There shall not be more than one set of enclosed,
kitchen - related fixtures.
3. There shall be no buildings that are used or intended
to be used for sleeping.
J. Campgrounds may include minor accessory recre-
ational uses such as swimming pools (limit one(1)) and
tennis courts.
K. Outdoor tent - camping is permitted.
L. No hook -ups for recreational vehicles are allowed.
M. Occupation of the site by a guest shall not exceed
thirty (30) consecutive days.
N. Parking Standards. See Section 17.32.01 OFF. (Ord.
189 § 3 (8107 -16), 1994)
17.28.180 Camps.
Camps shall be developed in accordance with the follow-
ing standards:
A. Minimum lot area shall be ten (10) acres.
B. Overnight population of guests and staff shall be
limited by the following calculations:
1. Camps on property zoned rural agricultural (R -A)--
lot size in acres x 2.56 = the maximum number of persons
to be accommodated overnight;
2. Camps on property zoned Waal exclusive (R -E) —
lot size in acres x 10.24 = the maximum number of persons
to be accommodated overnight.
C. Total daily on -site population of guests and staff
shall be limited by the following calculations:
1. Camps zoned rural agricultural (R -A) — 5.12 x
lot size in gross acres = total population allowed on site.
2. Camps zoned rural exclusive (R -E) — 20.48 x lot
size in gross acres = total population allowed on site.
3. A larger total daily population maybe allowed for
special events, the frequency to be determined by the
camp's use permit.
D. Building intensity shall be limited by the following
standards:
1. Overnight Accommodations. Structures or portions
of structures intended for sleeping and restrooms/showers
(excepting those for permanent staff as defined in subsection
(Dx3) of this section shall be limited to a collective average
of two hundred (200) square feet per overnight guest and
343
17.28.170
staff allowed per subsection B of this section (overnight
population).
2. All Other Roofed Structures or Buildings. The total
allowed square footage of all roofed structures or buildings
other than sleeping and restroom/shower facilities shall
be limited to one hundred (100) square feet per person
allowed per subsection C of this section (daily on -site
population).
3. The residences) of a limited number of permanent
staff such as the director, manager or caretaker are exempt
from the limitations of subsection (D)(1) of this section
(overnight accommodations).
4. Since the two (2) building intensity standards
(overnight and total daily) address distinctly different
facilities, they shall not be interchangeable or subject to
borrowing or substitutions.
E. Camp facilities shall have adequate sewage disposal
and domestic water.
F. Camp facility lighting shall be designed so as to
not produce a significant amount of light and/or glaze at
the first off -site receptive use.
G. Camp facilities shall be developed in accordance
with applicable city standards so as to not produce a
significant amount of noise.
H. Occupation of the site by a guest shall not exceed
thirty (30) consecutive days.
I. To ensure that the site remains an integral and ..,
cohesive unit, specific methods such as the following shout t 4"l'
be employed on a case -by -case basis: open space easements,
CC &R's that restrict further use of the land with the city
as a third party; low density zoning to prevent subdivision
of the site; and/or merger of parcels to create one (1) parcel
covering the entire site.
J. To avoid the loss of the site's natural characteristics
several methods should be employed on a case -by -case
basis to preserve these values: sixty percent (60%) of the
total site should remain in its natural state or be landscaped
and only passive recreational uses should be permitted.
K. Parking Standards. See Section 1732.01 OFF. (Ord.
189 § 3 (8107 -17), 1994)
17.28.190 Retreats.
A. The minimum lot size for a retreat is five (5) acres.
B. A retreat shall not have sleeping accommodations
for more than twenty (20) people.
C. Floor area shall be limited to the following:
1. Maximum two hundred (200) square feet for each
overnight guest, for sleeping and restroom facilities;
2. Maximum two thousand (2,000) square feet for
all other buildings (other than structures for animals), such
as kitchen and dining areas, conference rooms, storage,
and the like.
17.28.190
D. No retreat structures shall exceed a height of fifteen
(15) feet.
E. A retreat may include minor accessory recreational
facilities such as horse facilities, equestrian trails, hot tubs,
one swimming pool and one (1) tennis court.
F. Structures related to a retreat shall be set back at
least one hundred (100) feet from public roads. Foliage
and natural topography shall be used to the maximum
feasible extent for screening of retreat structures from public
rights -of -way and from residential uses on adjacent proper-
ties.
G. Lighting for nighttime activities shall be directed
away from adjacent properties. (Ord. 189 § 3 (8107 -18),
1994)
1718.200 Golf courses.
A golf course may include accessory structures as needed
for maintenance and for players on a day of golfing, in-
cluding a maintenance building, a pro shop, restrooms and
limited eating facilities. (Ord. 189 § 3 (8107 -19), 1994)
17.28.210 Buildings for the growing of crops.
Greenhouses, hothouses and the like shall be set back
at least twenty (20) feet from all property lines. (Ord. 189
§ 3 (8107 -20), 1994)
17.28.220 Temporary pet vaccination clinics.
• Temporary pet vaccination clinics, as provided for in
Section 17.20.060, are subject to the following regulations:
A. Any such clinic shall operate no more than one
(1) day in any ninety (90) day period within a one (1) mile
radius of a previously conducted temporary clinic.
B. Such clinics shall provide preventive medical care
only, and shall not diagnose or treat injured, sick or diseased
animals, except to the extent necessary to provide immuni-
zation or vaccination.
C. All vaccinations shall be performed inside a trailer
or other portable structure.
D. Such clinics shall provide their services only during
daylight hours.
E. Such clinics shall not disrupt normal traffic flows,
and shall not result in the blocking of public rights -of -way
or parking lot aisles. All related materials and facilities
shall be removed on the departure of the clinic.
F. Facilities for the treatment and disposal of urine
and fecal wastes attributable to the clinic shall be provided
and utilized as necessary to keep the clinic and areas within
a one hundred (100) foot radius thereof clean and free of
flies and odors.
G. Sufficient staff, other than those administering
vaccinations, shall be available at the expense of the clinic
operator to control crowds, assist with the handling of
344
animals and keep the area clean. At least two (2) such staff
shall be provided in all cases. (Ord. 189 § 3 (8107 -21),
1994)
17.28.230 Day care facilities.
A. Care facilities serving six (6) or fewer persons are
subject to all development standards and requirements
applicable to single - family dwellings.
B. Day care facilities for seven (7) to twelve (12)
children, inclusive, including the children who reside at
the home, are subject to the procedural requirements of
Section 1597.46(a)(3) of the Health and Safety Code. (Ord.
189 § 3 (8107 -22), 1994)
17.28.240 Nonmotorized wheeled conveyance
facilities and uses.
A. Purpose. The purpose of this section is to establish
reasonable and uniform limitations, safeguards and controls
for the design, placement and use of facilities and structures
(hereinafter referred to as "facilities") for the nonmotorized
wheeled conveyances such as, but not limited to: skate-
boards, bicycles, unicycles, tricycles and roller skates. Such
regulations are established to minimize the impact on
neighboring uses such as, but not limited to: unsightly
structures, noise, loss of privacy, traffic congestion, trespass-
ing, and risk of damage or injury from flying projectiles
and debris.
B. Application.
1. Facilities less than forty-two (42) inches in height
above adjacent finished grade level, which cover less than
thirty-two (32) square feet of aggregate ground area, and
do not have a platform on which to stand, are exempt from
the requirements of subsections C through J of this section.
Such exempt facilities must otherwise meet the provisions
of the zoning ordinance.
2. Those facilities not exempt may be permitted upon
issuance of a zoning clearance provided all standards of
this title are met.
3. Facilities that exceed the standards set forth in
subsections C through G of this section may be authorized
by a conditional use permit approved by the director of
community development.
C. Size. No point on a facility shall extend more than
eight (8) feet above adjacent finished grade level and no
facility or collection of facilities on a given lot shall cover
more than four hundred (400) square feet of aggregate
ground area.
D. Setbacks. All facilities shall beset back the follow-
ing distances from all other structures and property lines:
1. All facilities shall be set back a minimum of six
(6) feet from all other structures.
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 in-
crease of height over six (6) feet above adjacent finished
grade level.
3. Facilities shall not be located in the area between
the public or private right -of -way and the front of the resi-
dence on the site, unless the facility is not visible from the
public or private right -of -way or neighboring dwellings
and otherwise conforms to the applicable setback require-
ments.
E. Construction Standards. All facilities shall be con-
structed so as to minimize visual and auditory impacts.
I. The sides of all facilities that are above ground
shall be enclosed with a solid material, such as plywood.
2. Spaces between finished grade and the lower,
horizontal surfaces of the facility shall be filled with earth
or other suitable solid material.
3. The backs of all surfaces not affected by subsec-
tion (E)(2) of this section shall be padded with sound -
absorbing material such as carpeting.
4. Facilities may be painted, stained, or left in their
natural finish. Posters, banners, handbills, bumper stickers,
or advertising materials of any kind shall not be affixed to
the facility, if visible from neighboring properties.
F. Number of Persons. The number of persons using
a facility or collection of facilities at a given site shall not
include more than six (6) individuals who are not residents
at the site where the facility is located.
G. Hours of Operation. The use of facilities shall be
limited to daylight hours between nine (9:00) a.m. and
seven (7:00) p.m., Monday through Saturday.
H. Maintenance. Facilities shall be maintained in a
neat, safe, and orderly manner.
I. Removal. Facilities shall be removed within
ninety (90) days when no longer used, or capable of being
safely used for their intended purpose.
J. Hold Harmless. The perminee shall provide the
city with a hold harmless agreement, acceptable to the
city, prior to the issuance of a zoning clearance, which
provides, in substance, that the permittee agrees to hold
the city harmless, indemnify and defend the city for any
loss or damage to property, or injury or loss of life arising
out of the use authorized by this zoning clearance.
K. Compensation. The use of the facility shall be
without monetary compensation to any of the parties in-
volved, nor operated in any way as a commercial enter-
prise. (Ord. 189 § 3 (8107 -23), 1994)
17.28.240
17.28.250 Caretaker recreational vehicle,
accessory.
In a park or recreation area owned or operated by the
city, the owner(s) of a recreational vehicle which is li-
censed and equipped for highway travel may reside in the
recreational vehicle for up to six (6) months in any twelve
(12) month period, in accordance with an approved park
host program. Sewage disposal shall be provided by means
of a system approved by the environmental health divi-
sion. (Ord. 189 § 3 (8107 -24), 1994)
345 (Moorpark Supp No 1. 12 -02)
Chapter 17.44
ENTITLEMENT — PROCESS AND
PROCEDURES*
Sections:
17.44.010
Purpose.
17.44.020
Legal lot requirement.
17.44.030
Entitlement.
17.44.040
Filing and processing of
application requests.
17.44.050
Notice and hearing procedures.
17.44.060
Decisions.
17.44.070
Reapplication.
17.44.080
Modification, suspension and
revocation.
17.44.090
Appeals.
17.44.100
Effect of change of zoning
regulations.
* Prior ordinance history: Ords. 189. 196, 234. 265 and 271
17.44.010 Purpose.
The purpose of this chapter is to establish procedures
for the processing of land use entitlement, including permits
and variances. (Ord. 271 § 1 (part), 2001)
17.44.020 Legal lot requirement.
No permit shall be issued for construction on a lot, which
is not a legal lot, as defined by this title. (Ord. 271 § 1
(part), 2001)
17.44.030 Entitlement.
A. Discretionary Permits. Entitlement authorized by
this title include the following:
1. Types of Discretionary Permits.
a. Planned Development (PD) Permit. A planned
development permit is a permit based on a discretionary
decision required prior to initiation of specified uses and
structures, which are permitted within the zone district (as
opposed to a conditional use), but which are subject to
site plan review and which may be conditioned in order
to assure compliance with the requirements of this title
and with the purposes of the applicable zone.
Planned development permits may be granted by the
administrative hearing process or by the planning commis-
sion or city council through a public hearing process. This
includes industrial planned development (IPD), residential
planned development (RPD) and commercial planned
development (CPD).
b. Conditional Use Permit (CUP). A conditional use
permit is a permit based on a discretionary decision required
375
17.44.010
prior to initiation of particular uses not allowed as a matter
of right. Such permits are subject to site plan review and
may be conditioned at the time of approval. The application
for such a use shall be approved, conditionally approved,
or denied through a public hearing process before the
decision - making authority specified in Table 17.20.060.
The procedures for notice of the public hearing, conduct
of the hearing and receipt of testimony shall be as specified
in Section 17.44.050. The application may be denied on
the basis that the applicant has not met the applicable
burden of proof required by subsections (A)(2)(a) through
(A)(2)(f) of this section.
Prior to approving, conditionally approving, or denying
an application, the decision - making authority shall make
written findings based upon substantial evidence in view
of the whole record to justify the decision. With the excep-
tion of projects initiated by a city agency or department
and for conditional use permits for alcoholic beverages,
when the city council is the decision - making authority,
the application shall first be reviewed by the planning
commission. When the planning commission is the decision -
making authority, its decision to approve, conditionally
approve, or deny the application may be appealed to the
city council pursuant to Section 17.44.090.
c. Temporary Special Use Permit ('NP). The director
of community development may authorize, by zoning
clearance, a use or structure for a temporary period of time
(not to exceed ninety (90) days). Where a delay incident
to the normal processing of an application would be detri-
mental to the applicant or the public, the director of commu-
nity development may grant additional ninety (90) day
extensions to the temporary special use permit. Temporary
use permits shall be considered discretionary permits and
as such may be conditioned so as to not be physically
detrimental to the health, safety, life or property of the
applicant or the public.
Examples of temporary use permits include but are not
limited to; special events such as Christmas tree sales,
promotional parking lot sales, church carnivals, country
days and sidewalk sales, provisions for uses for a limited
period of time consistent with the zoning district where
located.
These permits may be reviewed by other affected agen-
cies prior to approval. The purpose of the review is to
determine if such a requested use is in any way a problem
as it relates to the adjacent uses. A temporary use permit
may be revoked by the approving authority prior to the
expiration date based upon information that the conditions
have not been complied with, or other justifiable reason
as determined by the approving authority.
d. Administrative Permit (AP). An administrative PmrT t
is a director of community development approved permit
CC ATTACHMENT 5
(Moorpark 7 -01)
17.44.030
based on a discretionary decision required prior to initiation
of a use or structure requiring the permit. Administrative
permits are subject to site plan review and may be condi-
tioned in order to assure compliance with the requirements
of this tide and with the purposes of the applicable zone.
At least ten (10) days prior to approval or denial of the
permit, the director of community development shall provide
a notice by U.S. mail to surrounding property owners within
three hundred (300) feet of the property, as identified by
the latest equalized assessment role of Ventura County,
of the director's intention to approve or deny the permit.
All notices shall include the identity of the director of
community development as the approving authority; a
general explanation of the matter to be considered; a general
description, in text or by diagram, of the subject property;
and a final date by which comments must be received by
the director of community development for the hearing
date. Prior to approval, conditional approval, or denial of
the administrative permit, a hearing date shall be set by
the director of community development. The public may
attend the hearing and give testimony. The director's
decision is subject to an appeal period which shall end
ten (10) calendar days after the director's decision is
rendered pursuant to Section 17.44.060, or on the following
workday if the tenth day falls on a weekend or holiday.
e. Administrative Permits within the Downtown
Specific Plan. Discretionary permits within the boundaries
of•the Downtown Specific Plan that may be required by
this code for the conversion of a residential building or
use to a commercial use or to a commercial office use,
or, to provide entitlements where a previous planned
development permit has not been issued, shall be subject
to the review and approval of the director of community
development. Notice and hearing shall be given in the same
manner, as that required for an administrative permit as
set forth in Section 17.44.030(A)(1)(d). The director's
decision is subject to an appeal period which shall end
ten (10) days after the director's determination letter is
rendered pursuant to Section 17.44.060.
Plans similar in content and information to those typically
required for a commercial planned development permit
(CPD) shall be prepared and submitted as a portion of the
application for all discretionary permits within the Down-
town Specific Plan area as established by this section.
2. Discretionary Permit Standards. Planned develop-
ment, conditional use permits, administrative permits and
temporary use permits may only be granted if all billed
fees and charges for processing the application request that
are due for payment have been paid. All of the standards
of subsections (A)(2)(a) through (A)(2)(0 of this section
must be met. The decision - making authority may impose
such conditions and limitations, including time limits, it
(Moorpark 7 -01)
376
deems necessary to allow the standards to be met. The
applicant shall have the burden of proving to the satisfaction
of the appropriate decision - making authority that the
proposed development
a. Is consistent with the intent and provisions of the
city's general plan, and any applicable specific plan and
this title;
b. Is compatible with the character of surrounding
development;
c. Would not be obnoxious or harmful, or impair the
utility of neighboring property or uses;
d. Would not be detrimental to the public interest,
health, safety, convenience or welfare;
e. If a conditionally permitted use, is compatible with
existing and planned land uses in the general area where
the development is to be located; and
f. Is compatible with the scale, visual character and
design of the surrounding properties, designed so as to
enhance the physical and visual quality of the community,
and the structure(s) have design features which provide
visual relief and separation between land uses of conflicting
character.
3. Additional Standards for A -E Zone. In addition to
the provisions of subsection (A)(2) of this section, before
any permit is issued for any land use which requires a
conditional use permit in the A -E zone, the following
standards shall be met or be capable of being met with
appropriate conditions and limitations being placed on the
use:
a_ That the establishment or maintenance of this use
will not significantly reduce, restrict or adversely affect
agricultural resources or the viability of agricultural opera-
tions .in the area;
b. That structures will be sited to minimize conflicts
with agriculture and that other uses will not significantly
reduce, restrict or adversely affect agricultural activities
on -site or in the area, where applicable; and
c. That the use will be sited to remove as little land
from agricultural production (or potential agricultural
production) as possible.
4. Compliance with Other Documents. When necessary
to ensure consistency with other city planning documents
such as, but not limited to, specific plans, conditions which
are more restrictive than the standards of this title may
be imposed on discretionary permits.
5. Additional Standards for Overlay Zone. In addition
to the provisions of subsection (A)(2) of this section,
development within any overlay zone having specific
development standards, pursuant to Chapter 17.36, must
comply with such standards.
6. Additional Standard for Hazardous Waste Facilities.
For any proposed development of a hazardous waste facility,
wC
the following additional standard must be made or be
capable of being made with conditions and limitations being
placed on the use:
That the proposed hazardous waste facility is consistent
with the portions of the county hazardous waste manage-
ment plan which identifies specific sites or siting criteria
for hazardous waste facilities.
7. Additional Standards for Establishments Selling
Alcoholic Beverages. If the proposed development is an
establishment selling alcoholic beverages, the applicant
shall have the burden of proving, in addition to the provi-
sions of subsection (A)(2) of this section, that:
a. The use will not result in an over concentration
in the area of establishments selling alcoholic beverages;
b. The use will serve a public convenience;
c. The use will not create the need for increased police
services;
d. The requested use at the proposed location will not
adversely affect the economic welfare of the community;
and
e. The exterior appearance of the structure will not
be inconsistent with the external appearance of commercial
structures already constructed or under construction on
surrounding properties, or within the immediate neighbor-
hood so as to cause blight, deterioration or substantially
diminish or impair property values within the neighborhood.
B. Other Entitlement.
1. Zoning Clearance. A zoning clearance is a permit
which is granted on the basis of a ministerial decision by
the director of community development or designee without
a hearing. A zoning clearance certifies that a proposed use
of land or structures meets all requirements of this title
and the applicable conditions of any previously approved
permit.
a. Applicability of Zoning Clearance. Except as provid-
ed in Section 17.20.030, a zoning clearance is required
prior to the implementation of uses of land or structures,
construction requiring building permits, and the commence-
ment of any activity authorized by a permit or subdivision
granted in accordance with the zoning and subdivision
ordinances of the city. A zoning clearance shall be issued
if the proposed use of land or structures:
i. Is permissible under the present zoning on the land
and the city's zoning and subdivision ordinances;
ii. Is compatible with the policies and land use designa-
tions specified in the general plan, and any applicable
specific plan;
iii. Complies with the applicable terms and conditions
of any applicable permit or other entitlement;
iv. Is not located on the same lot where a violation
of this title exists or of the terms of an existing permit
17.44.030
covering the lot, unless the zoning clearance is necessary
to the abatement of the existing violation;
v. Is not being requested by or on a site or for the
same party that owes the city fees for charges under Section
17.44.040H;
vi. Is not located on the same lot where a violation
exists of any city ordinance regulating land use, such as
the city building code or any grading ordinance; and
vii. Is consistent with the portions of the county hazard-
ous waste management plan which identifies specific sites
or siting criteria for hazardous waste facilities.
b. Expiration. Zoning clearances shall expire one
hundred eighty (180) days after issuance, unless otherwise
indicated on the clearance or unless the use of land or
structures or building construction has commenced and
is being diligently pursued, as evidenced by current inspec-
tions and/or valid building permits.
C. Variances. Variances are adjustments in the regula-
tions contained in this title. Variances are based on discre-
tionary decisions and may be granted to allow deviations
from ordinance regulations governing such development
factors as setbacks, height, lot coverage, lot area and width,
signs, off -street parking, landscaping and wall, fencing and
screening standards. Variances shall be processed in accor-
dance with the provisions of this chapter. Variances may
not be granted to authorize a use or activity which is not
otherwise expressly authorized by the zone regulations
governing the property. Except as provided in subsection
D of this section, variance requests shall be heard by the
planning commission through a public hearing process.
1. Purpose. The sole purpose of any variance shall
be to enable a property owner to make reasonable use of
his or her property in the manner in which other property
of like character in the same vicinity and zone can be used.
2. Standards for Variances. Before any variance may
be granted, the applicant must establish, and the decision -
making authority must determine, that all of the following
standards are met:
a. That there are special circumstances applicable to
the subject property with regard to size, shape, topography,
location or surroundings, such that the strict application
of the zoning regulations denies the property owner privileg-
es enjoyed by other property owners in the vicinity and
under identical zoning districts; and
b. That granting the requested variance will not confer
a special privilege inconsistent with the limitations upon
other properties in the same vicinity and zone; and
c. That strict application of the zoning regulations
as they apply to the subject property will result in practical
difficulties or unnecessary hardships inconsistent with the
general purpose of such regulations; and
377 (Moorpark 7 -01)
17.44,030
d. That the granting of such variance will not be
detrimental to the public health, safety or general welfare,
nor to the use, enjoyment or valuation of neighboring
properties; and
e. That the granting of a variance in conjunction with
a hazardous waste facility will be consistent with the
portions of the county's hazardous waste management plan
(CHWMP) which identifies specific sites or siting criteria
for hazardous waste facilities.
3. Burden of Proof. The applicant shall have the burden
of proving to the satisfaction of the appropriate decision -
making authority that the above standards are met.
4. Duration. Any variance remains valid for so long
as the use or structure which requires the variance(s)
continues.
D. Administrative Exception.
1. A request for a minor exception from standards
of zoning regulations may be approved by the director of
community development as an administrative exception,
upon making the following findings:
a. That the granting of the exception will not create
impacts to abutting properties; and
b. That the strict application of the zoning regulations
as they apply to the subject property will result in practical
difficulties or unnecessary hardships inconsistent with the
general purpose of such regulations; and
c. That the granting of the exception is consistent with
the general plan and/or any applicable specific plan.
2. The director of community development shall
provide a notice of the request, the date when the action
is to be taken and a request for written comments for or
against the request. The notice shall be mailed to all sur-
rounding property owners, within three hundred (300) feet
of the property, whose names appear on the latest - equalized
assessment roll of Ventura County. A copy of the notice
shall be provided to the city council, planning commission
and the city manager. An administrative exception may
be granted only in the following situations:
a. To allow a decrease not to exceed twenty percent
(20 %) in any required minimum setback, provided that
such exception may be granted only once from the minimum
standard adopted by this code or any planned development
permit approved consistent with this code;
b. To allow a decrease not to exceed ten percent (10%)
in required parking aisle width or similar dimensional
requirements;
c. To allow walls, fences or hedges to exceed the
height limit regulations by a maximum of one (1) foot in
setback areas, except in a required sight triangle;
d. To allow an increase not to exceed ten percent (10%)
for maximum building coverage, or sign area or sign height;
(Moorpark 7 -01)
378
e. To allow a five - percent (5%) decrease in the required
lot area for second units. (Ord. 271 § 1 (part), 2001)
17.44.040 Filing and processing of application
requests.
A. Submission of Applications. An application for a
permit or variance may be filed by the owner of the proper-
ty or his/her authorized agent, a lessee who holds a lease
whose terms permit the use applied for, or by any duly
constituted government authority or agent thereof. Such
application requests shall be filed with the department of
community development. No application request shall be
accepted for filing and processing unless it conforms to
the requirements of this title, contains in a full, true and
correct form the required materials and information pre-
scribed by the forms supplied by the department of commu-
nity development and is accompanied by the appropriate
processing fees.
B. Existing Violations. No application request for an
entitlement shall be accepted if a violation of the zoning
ordinance, subdivision ordinance or municipal code exists
on the lot, provided that the violation was a result of the
actions or inactions of the applicant or his predecessor(s)
in interest, until the violation is abated, unless the accep-
tance of the application is necessary to the abatement of
the existing violation.
C. Content of Applications. The content of applications
shall be determined by the city. Site plans and elevations
(in color, with building materials identified), sample floor
plans and samples of exteror finishing materials may be
required as part of the permit procedure. If the project is
proposed to be developed in phases, the sequence of such
phases shall also be shown.
D. Completeness of Application. The applicant shall
be notified in writing as to whether the application is
complete or incomplete, no later than thirty calendar days
after the city has accepted an application under this title,
except in the case of zone changes and general plan amend-
ments, which are legislative acts and thus are not subject
to the thirty (30) day limit. If the application is determined
to be incomplete, the applicant shall be notified in writing
of the reasons for such determination and of the information
needed to make the application complete.
1. Review of Supplemental Information. If an applica-
tion is deemed incomplete and the applicant subsequently
submits the required information, a new thirty (30) day
review period begins on the day that the supplemental
information is submitted.
2. Termination of Incomplete Application Upon written
notification to the applicant, processing of an incomplete
application may be terminated if no reasonable effort has
been made by the applicant to complete the application
for a period of ninety (90) days from the date of notification
of incompleteness. All unused fees shall be refunded to
the applicant. An extension to this ninety (90) day period
may be granted by the director of community development
upon written request by the applicant showing good cause.
E. Review and Conditioning of Applications. Applica-
tions and proposed uses shall be reviewed to determine
the appropriate environmental document, and, by various
city departments as well as interested parties such as cities
and special districts which are involved in the review and
conditioning of projects.
1. Consultant Review. City staff may refer any applica-
tion request to an independent, qualified consultant for
review and evaluation of issues beyond the expertise or
staffing capabilities of the city. The costs for all such
consultant work combined with the administrative charge
in effect at the time for management of the consultant
contract shall be bane by the applicant and are independent
of the fees paid to the city for the processing of the applica-
tion request.
2. Securities. Except as otherwise specified in this
title, the decision - making authority may impose a penal
and/or performance security on any discretionary entitlement
as a condition of such entitlement. The security(s) shall
be filed in a form acceptable to the city attorney and
certified by the city clerk.
a. The required amount of the security(s) may be
increased periodically by the director of community develop-
ment in order to compensate for inflation (based on the
applicable regional Consumer Price Index) or other factors,
so that the same relative value of the security is maintained
over the life of the permit, and to assure that performance
securities continue to reflect the actual anticipated costs
for completing a required task. No security shall be released
until after all of the applicable conditions of the permit
have been met.
b. In the event of any failure by the permittee to
perform or comply with any term or condition of a discre-
tionary entitlement, the decision - making authority may,
after notice to the permittee and after a public hearing,
determine by resolution the amount of the penalty, and
declare all or part of the security forfeited. The sureties
and principal will be jointly and severally obligated to pay
forthwith the full amount of the forfeiture to the city. The
forfeiture of any security shall not insulate the permittee
from liability in excess of the sum of the security for
damages or injury, nor from expense or liability suffered
by the city from any breach by the permittee of any term
or condition of the permit or of any applicable ordinance
or of the security.
c. The permittee shall maintain the minimum specified
amount of a penal security throughout the life of the
17.44.040
entitlement. Within thirty (30) days of any forfeiture of
a penal security, the permittee shall restore the security
to the required level.
3. Abandoned Oil/Gas Wells. All projects will be
reviewed for location over or near any abandoned or idle -
deserted oil or gas well, based on maps provided by the
State of California Division of Oil and Gas (D.O.G.). In
addition, project applicants shall notify the city and D.O.G.
immediately when such wells are encountered in site
preparation or construction. Applicants shall bear the cost
of re- abandonment if required prior to project approval.
The city will notify D.O.G. of the location of any proposed
project that is found to be over or near any such well(s).
F. Vesting of Rights. No person obtains any right or
privilege to use land or structures for any purpose or in
any manner described in an application merely by virtue
of the city's acceptance of an application.
G. Amendments to this Title. An application to amend
this title shall be proposed in accordance with Chapter
17.60.
H.1. Fees. Each application request for any purpose
subject to the regulations of this title, except appeals, shall
be accompanied by payment of all outstanding fees and
charges billed by and owed to the city by the applicant
or by persons, partnerships, corporations or other entities
owned or controlled by the applicant. Each application
request for any purpose, including appeals and requests
for presubmittal review, shall be accompanied by the fee
specified by resolution of the city council, before it is
accepted for filing and processing.
2. Exemptions. No filing fee shall be charged or
collected for any application or appeal filed and signed
by two planning commissioners or any individual city
councilmember in their official capacity.
3. Penalty Fees. Where a use actually commences,
or construction to that end is commenced, prior to the
granting of the required permit or variance, the fee for said
permit or variance shall be doubled, provided that the city
has notified the property owner of the violation. Payment
of such double fee shall not relieve persons from fully
complying with the requirements of this code, nor from
any other penalties prescribed herein.
4. Failure to Pay. The city may include as a condition
of approval the requirement to pay all outstanding fees
and charges consistent with the adopted city fee resolution.
I. Continuance of Permit During Application Renewal
Process.
1. Unless otherwise provided in the conditions of the
permit, permits being processed for renewal shall remain
in full force and effect until the renewal request is acted
on and all administrative appeals have been exhausted,
379 (No"Wk 7 -01)
17.44.040
provided that the renewal application was accepted as
complete by the city prior to the expiration of the permit.
2. All the terms and conditions of the original permit
must be followed at all times. (Ord. 271 § 1 (part), 2001)
17.44.050 Notice and hearing procedures.
A. Notice.
1. Hearing notices prepared pursuant to this chapter
for subdivision matters, planned development permits,
general plan amendments and zone changes, shall include
the date, time and place of the hearing, the identity of the
hearing body or officer, a general explanation of the matter
to be considered, and a general description, in text or by
diagram, of the subject property.
2. Whenever a hearing is required under this chapter
before an application can be acted upon, the city shall set
a date, time and place for the matter to be heard, and shall
give public notice of the hearing by publication in a newspa-
per of general circulation within the jurisdiction of the city
at least ten (10) days prior to the hearing. The property
shall be posted with a sign as required by applicable
provisions of this chapter.
3. In addition, if the hearing involves a discretionary
permit (other than an emergency use authorization) or
modification thereto, a variance or modification or revoca-
tion thereof, an appeal regarding any variance or discretion-
ary permit, or a zoning ordinance amendment which affects
the permitted uses of property, then a written notice, postage
prepaid, shall be mailed to all of the following, pursuant
to Government Code Section 65091, as the same may be
amended from time to time:
a. The owner of the subject property or the owner's
duly authorized agent;
b. The applicant, if different from the owner;
c. Each local agency whose ability to provide essential
services or facilities to the project may be significantly
affected by the project; and
d. The owners of real property situated within a radius
of one - thousand (1,000) feet, with the exception of discre-
tionary permits identified by Section 17.44.030(A)(1)(e)
within the downtown specific plan area, or a variance
request associated with one (1) single- family residential
dwelling unit, each of which shall have a distance require-
ment of three hundred (300) feet of the exterior boundaries
of the assessor's parcel(s) which is the subject of the
application. Names and addresses shall be obtained by the
applicant from the latest equalized assessment roll. if the
number of owners exceeds one thousand (1,000), a one-
eighth (118) page display advertisement published at least
ten (10) days prior to the hearing in a newspaper of general
circulation within the jurisdiction of the city may be substi-
tuted for the direct mailing.
(Moorpark 7 -01)
380
e. All parts of this code relating to public hearing
notices shall be adhered to.
4. Notification shall also be mailed or delivered, at
least ten (10) days prior to the hearing, to any person who
has filed a written request for such notice with the director
of community development.
5. In the case of appeal hearings, notice shall also be
provided to the appellant and, if applicable, to the city
official, city councilmember, department, board or commis-
sion whose order, requirement, permit, decision or dewrmi-
nation is the subject of the appeal.
6. At least eleven (11) days prior to the date of the
hearing, the applicant shall post on the property a notice
of public hearing. The notice shall be posted in accordance
with the provisions contained within this chapter.
B. Hearing Procedures. The decision - making authori-
ty(s) shall hold at least one (1) public hearing on any duly
filed application that requires a discretionary decision. Such
hearings shall be conducted in such a manner as to allow
the applicant and all other interested parties to be heard
and present their positions on the case in question, and
shall have a record of the decision kept, along with the
findings made which supported the decision. Administrative
hearings shall be conducted by the director of community
development or designee as specified in Section
17.44.030(A)( I)(d) and are subject to the notice provisions
of that section.
C. Referrals. A decision - making authority may refer
a matter back to the preceding hearing body for further
report, information or study.
D. Continued Matters. If it is necessary to continue
the hearing or decision on any matter before the decision -
making authority, the person presiding at the hearing shall
publicly announce the date, time and place certain to which
the matter will be continued. Except for the posting of a
notice of continued public hearing in a public place, no
further notice need be given. (Ord. 271 § 1 (part), 2001)
17.44.060 Decisions.
The applicant shall receive notice of the final decision -
making authority's decision either by the adoption of a
resolution (for applications decided in a public hearing)
or by the issuance of a determination letter (for applications
decided administratively by the director of community
development or designee). A resolution or determination
letter rendering a decision on an application request shall
recite such conditions and limitations deemed necessary
by the decision - making authority.
A. Referral of Applications.
1. The director of community development may refer
any applications or modifications to applications over which
the director of community development has authority to
��Xr9
the planning commission at any time within thirty (30)
days after the close of the administrative hearing if the
project:
a. May result in significant adverse environmental
impacts which cannot be mitigated to insignificant levels;
or
b. Involves significant public controversy; or
c. Is in conflict with city policies, or would necessitate
the establishment of new policies; or
d. May be precedent - setting; or
e. Should be referred for any other cause deemed
justifiable by the director of community development.
2. The planning commission may refer a decision on
an entitlement to the city council in cases where two (2)
entitlements regarding the same property or site are being
processed concurrently, and the city council is the decision -
making authority for one (1) of the entitlements.'
3. Additional applications or modifications to an
application that has been referred to and approved by a
decision making body shall also be referred to that decision
making body.
B. Decision Options. The decision - making authority
hearing a discretionary matter may approve, conditionally
approve, deny or modify, wholly or partly, the request being
reviewed. The authority may impose such conditions and
limitations as it deems necessary to assure that the general
purpose and intent of this title and its various chapters will
be observed, and that the public interest, health, safety,
convenience and welfare will be served. In the absence
of any provision to the contrary in a decision granting a
request, said request is granted as set forth in the applica-
tion. All conditions and restrictions applied to a decision
on an application request not appealed shall automatically
continue to govern and limit the subject use or structure
unless the action of the decision - making authority clearly
indicates otherwise.
C. Notice of Decision. Not later than thirty (30) calen-
dar days following the effective date of a decision, the city
shall provide by U.S. mail a'copy of the decision to the
applicant or appellant in resolution or letter form, in care
of the address appearing on the application or such other
address designated in writing by the applicant or appellant.
In addition, the authority and/or agency whose decision
is the subject of an appeal shall also be notified of the
decision.
D. Effective Date of Decisions.
1. An administrative decision or a decision of the
planning commission is effective at the expiration of the
decision's appeal period unless an appeal, in proper form
and addressed to the appropriate decision - making authority,
is filed with the director of community development prior
to the expiration of the appeal period.
17.44.060
2. A decision of the city council is effective on the
date it is rendered.
E. Effect of an Appeal. Neither the applicant nor any
enforcement agency may rely on an authority's decision
until the expiration of the decision's appeal period or until
the appeal has been resolved, whichever occurs later. See
also Section 17.44.090. Actions by the decision - making
authority are stayed pending the consideration of the appeal.
F. Implementation. The director of community develop-
ment shall be responsible for preparing the resolutions or
letters mentioned in this chapter and any other paper or
document required by the planning commission or the city
council in order to discharge their duties and responsibilities
under this chapter and title. It shall be the responsibility
of the permittee to ensure that all conditions placed on
a permit are met. No permits or zoning clearances may
be approved or issued until all conditions required to be
completed prior to their issuance are satisfied.
G. Expiration. Unless otherwise specified in this title
or in the permit conditions, any permit hereafter granted
that requires a zoning clearance becomes null and void
if a zoning clearance is not obtained by the permittee within
the time specified in such permit. If no date is specified,
the permit and zoning clearance shall expire one (1) year
from the date of issuance unless inaugurated. After expira-
tion of a zoning clearance and/or permit, the property
affected thereby shall be subject to the regulations of the
applicable zone classification and all other provisions of
this title. The permittee is solely responsible for the timely
renewal of any permit. The city has no obligation to notify
the permittee of the imminent expiration of the permit.
(Ord. 271 § I (part), 2001)
17.44.070 Reapplication.
An application request may be denied with prejudice
on the grounds that two (2) or more similar application
requests have been denied in the past two (2) years. If such
denial becomes effective, no further application for the
request shall be filed in whole or in part for the ensuing
eighteen (18) months except as otherwise specified at the
time of the denial, or unless there is a substantial change
in the application. (Ord. 271 § 1 (part), 2001)
17.44.080 Modification, suspension and
revocation.
A. Modification of Permits. An application for modifica-
tion of a permit or variance pursuant to this section may
be filed by any person or entity listed in Section
17.44.040A. Any change of an approved discretionary
permit is also a discretionary decision and is considered
to fall into one (1) of the following three (3) categories:
1. Reserved_
381 (Moorpark 7 -01)
G.tw n3 1'�0
17.44.080
2. Minor Modification. Any proposed change that
exceeds the criteria of a site plan adjustment, but is not
extensive enough to be considered a substantial or funda-
mental change in land use relative to the permit, would
not have a substantial adverse impact on surrounding
properties, and would not change any findings contained
in the environmental document prepared for the permit,
shall be deemed a minor modification and may be acted
upon by the director of community development or designee
through an administrative hearing process as provided for
in Section 17.44.030(A)(1)(d).
3. Major Modification. Any proposed modification
which is considered to be a substantial change in land use
relative to the original permit, and/or would alter the
findings contained in the environmental document prepared
for the permit, shall be deemed a major modification and
be acted upon by the decision- making authority which
approved the original permit.
4. Permit Adjustment. Any change which would not
alter any of the findings pursuant to this title, nor any
findings contained in the environmental document prepared
for the permit, and would not have any adverse impact
on surrounding properties, may be deemed a permit adjust-
ment and acted upon by the director of community develop-
ment or designee without a hearing. There shall be no more
than one (1) approved permit adjustment per calendar year.
,Such changes include, but are not limited to, the following:
a. An increase or decrease of not more than ten percent
(10%) in floor or permit area and an expansion of less than
five thousand (5,000) square feet, whichever is less, or
in the area of walls, fences or similar structures used as
screening, or in height, provision for landscaping or similar
standards or dimensions, provided that any increase in
parking space requirements can be accommodated on -site;
b. Internal remodeling or minor architectural changes
or embellishments involving no change in basic architectural
style or any change in use where the new use requires the
same or a lesser permit than the existing use; or the estab-
lishment of a new use in an unoccupied building that has
been granted a permit; provided, in both cases, that any
increase in parking space requirements can be accommodat-
ed on -site.
B. Modification, Suspension and Revocation for Cause.
Any permit or variance heretofore or hereafter granted may
be modified or revoked, or its use suspended, by the same
decision - making authority and procedure which would
approve the permit or variance under this title provided
that in all instances the permittee shall be given notice by
U.S. Mail at least ten (10) days prior to the date of the
proposed revocation, modification, or suspension and have
an opportunity to be heard by the issuing body prior to
any such revocation, modification or suspension. An applica-
(Moorpark 7 -01)
382
tion for such modification, suspension or revocation may
be filed, along with applicable fees, by any person or entity
listed in this chapter, or by any other affected person. The
applicant for such modification, suspension or revocation
shall have the burden of proving one (1) or more of the
following causes:
1. The application request, which was submitted, was
not in full, true and correct form.
2. The entitlement, clearance, permit or license issued
does not comply with the terms and conditions of the permit
originally granting the use under this title.
3. The entitlement clearance, permit or license was
issued erroneously.
4. That any term or condition of the permit or variance
has not been complied with;
5. That the property subject to the permit or variance,
or any portion thereof, is or has been used or maintained
in violation of any statute, ordinance, law or regulation;
6. That the use for which the variance or permit was
granted has not been exercised for at least twelve (12)
consecutive months, has ceased to exist, or has been aban-
doned;
7. That the use for which the permit or variance was
granted has been so exercised as to be detrimental to the
public health, safety or general welfare or as to constitute
a nuisance;
8. That changes in technology, or in the type or amouuut
of development in the vicinity of the use, or other good
cause warrants modification of conditions of operation or
imposition of additional conditions of operation to assure
that the use remains compatible with existing and potential
uses of other property within the general area in which
the use is located.
C. Nonwaiver. The failure of the director of community
development, planning commission or city council to revoke
a variance or permit, or to suspend its use, whenever cause
therefor exists or occurs, does not constitute a waiver of
such right with respect to any subsequent cause for revoca-
tion or suspension of the use.
D. Prohibition. No person shall carry on any of the
operations authorized to be performed under the terms of
any permit during any period of suspension thereof, or after
the revocation thereof, or pending a judgment of court upon
any application for writ taken to review the decision or
order of the final appeal body in the city in suspending
or revoking such permit; provided, however, that nothing
herein contained shall be construed to prevent the perfor-
mance of such operations as may be necessary in connection
with a diligent and bona fide effort to cure and remedy
the default, noncompliance or violation, for which a suspen-
sion of the permit was ordered by the applicable city entity,
or such operations as may be required by other laws and
40
regulations for the safety of persons and the protection
and preservation of property. (Ord. 271 § 1 (part), 2001)
17.44.090 Appeals.
A. Authority to Appeal.
1. All actions and decisions of the director of communi-
ty development, authorized by this chapter, may be appealed
to the planning commission or may be appealed by any
two planning commissioners unless otherwise specified.
All such appeals shall be filed in writing with the planning
commission secretary.
2. All actions of the planning commission authorized
by this chapter may be appealed to the city council. All
such appeals shall be filed in writing with the city clerk.
3. Any person may appeal a decision of the director
of community development or planning commission in
accordance with the terms of this chapter.
4. The city council shall be the final approval authority
for all actions.
B. Time Limit to File an Appeal or Request for City
Council Review. All requests for appeals must be received
by the city no later than the close of business ten (10)
business days after the date of the final action by the
director of community development or planning commission.
C. Fees. Persons filing appeals shall pay all applicable
fees in effect at the time of the appeal as established by
Resolution of the city council.
D. City Council Review of Planning Commission
Actions and Decisions by the Director of Community
Development. The city council is specifically empowered
to review all actions of the planning commission and the
director of community development. The city eouncd review
of the planning commission and the director of community
development actions are subject to the following require-
ments=
1. A request for the city council to review the action(s)
taken by the planning commission or the director of commu-
nity development pursuant to this section shall be valid
if filed with the city clerk by any individual city
councilmember within ten (10) business days of the date
of the action(s) of the commission or the director of com-
munity development.
2. The city council shall review the project in the same
form as reviewed by the planning commission and the
review shall be conducted de novo.
3. A request for the city council to review the action(s)
of the planning commission shall be subject to the same
type of public action (i.e., action item without public hearing
or public hearing item) and public noticing at the city
council as at the planning commission or as required for
decisions made by the director of community development.
17.44.o8o
4. An item or item(s), which are called for review,
shall be scheduled for the next available city council
meeting following completion of the required legal notice
provisions as determined by the city clerk.
5. No fee shall be required when an item is called
for review by members of the city council or the planning
commission in conformance with the requirements of this
chapter. (Ord. 271 § 1 (part), 2001)
17.44.100 Effect of change of zoning
regulations.
See Section 1752.110. (Ord. 271 § 1 (part), 2001)
383 (Moorpark 7 -01)
Chapter 17.60
AMENDMENTS TO THE GENERAL PLAN,
SPECIFIC PLANS, ZONING MAP AND ZONING
CODE;
Sections:
17.60.010
Purpose.
17.60.020
Amendments.
17.60.030
Amendment initiation.
17.60.040
Applications required.
17.60.050
Hearing and notice requirements.
17.60.060
Decison authority.
17.60.070
Planning commission action on
amendments.
17.60.080
City council action on
amendments.
17.60.090
Reapplication.
17.60.100
F"mdings.
• Prior ordinance history: Ord. 169.
17.60.010 Purpose.
The purpose of this chapter is to establish procedures
for amending the general plan, specific plans, the zoning
map or zoning ordinance whenever required by public
necessity and general welfare.
Adoption and amendment of a general plan, specific
plan, zoning map or zoning ordinance is a legislative act.
(Ord. 271 § 2 (part), 2001)
17.60.020 Amendments.
Amendments to the general plan, specific plan, and
zoning map/code may be either textual or map. Textual
and mapping changes may be of three types:
A. Major Amendments. Major amendments arc those
which affect changes to goals, policies, or strategies or
would alter basic policy directions of the existing general
plan or an adopted specific plan. Any amendment that would
create significant and substantial impact to levels of public
service must be considered as major.
B. Minor Amendments. Minor amendments are those
which do not create any need for the extension of public
services. Some adjustment to service levels may be needed
to meet other policy directives, but no new service levels
arc created.
C. Technical Amendments. Technical amendments
are changes to data base information, statistical materials,
corrections to textual errors and changes which clarify
meanings of policy or strategies but do not alter the intent
and purpose of the material.
391
17. 60.010
With the exception of those amendments necessary to
meet housing goals, no mandatory element of the general
plan may be amended more than four times in any one
calendar year. (Ord. 271 § 2 (part), 2001)
17.60.030 Amendment initiation.
A. Initiation. Proposals to amend the gencW plan, any
specific plan, the zoning map or this zoning ordinance may
be initiated by any of the following methods:
I. Request by the owner(s) or the authorized agent
of the owner(s) of the property by filing an application
as provided by the community development department,
planning division.
2. A change in the general plan, a specific plan, zotting
map or zoning ordinance may be recommended by a
resolution of intent from the planning commission to the
city council; or may be initiated directly by the city council
by resolution of intent.
3. A change in the general plan, a specific plan. zotting
map or zoning ordinance may be initiated by request to
the city council by the director of community development.
(Ord. 271 § 2 (part), 2001)
17.60.040 Applications required.
A. All applications to amend the general plan, an
adopted specific plan, the zoning reap or zoning code must
be filed with the city on forms and in substantial compliance
with administrative procedures provided by the community v
development department. A fee, as prescribed by city ;
council resolution, shall accompany the application.
Formal applications for general plan amendments may
only be accepted and considered following successful pre-
screening application reviews as established by resolution
of the city council.
Zoning map amendments have the effect of rezoning
property from one zoning district to another. Textual
amendments to this zoning ordinance may modify any of
the regulations enumerated in Section 65850 of the Govern-
ment Code of the State of California. Amendments to the
provisions of this title may be adopted similar to other
ordinances adopted by the city.
B. Study of Additional Anse. The director of community
development, upon review of an application or resolution
of intention for an amendment to the general plan, any
specific plan or zoning map may elect to include a larger
area or additional land in the study of the amendment
request. (Ord. 271 § 2 (part), 2001)
17.60.050 Hearing and notice requirements.
The planning commission and city council shall each
hold at least one (1) public hearing on any general plan,
specific plan or zoning amendment request. The notice
CC ATTACHMENT 6
(Moorpark 7 -01)
17.60.010
and hearing requirements shall be the same as those pre-
scribed in Section 17.44.050. (Ord. 271 § 2 (part), 2001)
17.60.060 Decision authority.
The city council shall be the decision authority for all
major and minor general plan amendments and specific
plan amendments. (Ord. 271 § 2 (part), 2001)
17.60.070 Planning commission action on
amendments.
Following a public hearing, the planning commission
shall make a written recommendation to the city council
whether to approve, approve in modified form, or disap-
prove any proposed amendment based upon the findings
contained in Section 17.60.100. Such recommendation shall
include the reasons for the recommendation and the relation-
ship of the proposed ordinance or amendment to applicable
general and specific plans. (Ord. 271 § 2 (part), 2001)
17.60.080 City council action on amendments.
Following a public hearing, the city council may approve,
modify or disapprove any planning commission recommen-
dation regarding an amendment request based upon the
findings in Section 17.60.100.
A modification shall be deemed "previously considered"
if the modification of the proposed ordinance or amendment
v by the city council is based upon the issues and evidence
initially heard by the planning commission. (Ord. 271 §
2 (part). 2001)
17.60.090 Reapplication.
A general plan amendment, specific plan amendment
or zoning map change may be denied with prejudice as
defined herein, in which event no further application shall
be filed affecting all or part of the property for the ensuing
eighteen (18) months except as otherwise specified at the
time of denial. A zoning ordinance amendment may be
denied with prejudice as defined herein, on the grounds
that two (2) or more similar applications for substantially
the same changes have been denied in the past two (2)
years, or that other good cause exists for limiting the filing
of applications with respect to the subject property. The
city council, upon being presented with good cause, may
permit an applicant to apply for a change on the same
property within eighteen (18) months. (Ord. 271 § 2 (part),
2001)
17.60.100 Findings.
A. Findings for Amendments. An amendment may
be approved only if all the following findings are made,
as applicable to the type of development.
I. Findings required for all amendments.
(Moorpark 7 -01)
392
a. The proposed amendment is consistent with the
goals, policies, and implementation strategies of the general
plan.
b. The proposed amendment would not be detrimental
to the public, health, safety, or welfare of the city; and
c. The proposed amendment will not adversely affect
surrounding properties.
2. Additional Finding for Zoning Map Amendments.
The site is physically suitable (including, but not limited
to access, provision of utilities, compatibility with adjoining
land uses, and absence of physical constraints) for the
requested zoning designations and anticipated land
use/developments. (Ord. 271 § 2 (part), 2001)
17.64.050
Chapter 17.68
PUBLIC NOTICE
Sections:
17.68.010
Applicability of chapter.
17.68.020
Installation of sign.
17.68.030
Sign information.
17.68.040
Land area of one -half acre or
less.
17.68.050
Removal of sign.
17.68.060
Failure to comply with chapter.
17.68.010 Applicability of chapter.
The provisions of this chapter apply to all zone changes,
special use permits, variances, planned development permits,
tentative tract permits, major modifications, specific plans,
land divisions, time extensions, all other discretionary land
use applications, and appeals of any of the above - described
applications. (Ord. 15 § 1(a), 1984)
17.68.020 Installation of sign.
At least eleven (11) days before the hearing on any of
the applications described in Section 17.68.010, the applicant
shall install a sign on the subject property consistent with
the following provisions:
A. The size of the sign shall be thirty -two (32) square
feet in area.
B. The height of the sign shall not exceed eight (8)
feet.
C. The sign shall be placed in an area of the property
most visible to the public. and not more than five (5) feet
from the property line in residential areas, and not more
than one (1) foot from the property line in commercial
and industrial areas. All approvals of any application of
any industrial or commercial property subject to this chapter
shall include a condition for placing on the property signs
of other property located interior to the subject property
from the street.
D. The sign shall not be illuminated, and only one (1)
sign shall be displayed per street frontage of the subject
property. (Ord. 15 § 1(b), 1984)
17.68.030 Sign information.
The sign shall include only the following information:
A. The heading of the sign shall be essentially as
follows: "Notice of public hearing on proposed development
Case No.
B. The content of the sign shall describe the type of
property (residential, industrial or commercial), including
the square footage, number of units, etc. Descriptive words
such as "luxurious" or "elegant" shall not be used.
395 tMnotp.ak 11 9s)
CC ATTACHMENT 7
17.68.030
C. The sign shall include the date, time and location
of the public hearing, and the telephone numbers of the
developer and of city hall.
D. Dates shall be changed on the sign to refer to the
next planned public hearing. (Ord. 15 § 1(c), 1984)
17.68.040 Land area of one -half acre or less.
Where the total area of the land is one -half (%) acre
or less, the director of community development shall
determine if a sign is necessary to provide adequate notice
to the public of the nature of the project. If the director
of community development determines a sign is necessary,
the director of community development shall prescribe a
sign sufficient to give adequate notice to the public. The
applicant shall, at least eleven (11) days before any hearing,
post on the property, in the manner described in subsections
C and D of Section 17.68.020, the sign prescribed by the
director of community development. (Ord. 15 § 1(d), 1984)
17.68.050 Removal of sign.
The sign shall be removed from the property not more
than twelve (12) days after the final action by the city on
the land use application. (Ord. 15 § 1(e), 1984)
17.68.060 Failure to comply with chapter.
Failure to comply with the provisions of this chapter
shall not affect the jurisdiction of any public body deciding
any application. (Ord. 15 § 1(f), 1984)
(Moapr4 12 -99)
39f
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development zj�__
DATE: July 31, 2003 (CC Meeting of 8/20/03)
SUBJECT: Consider Amendments to Chapters 17.20 (Uses by Zone),
17.28 (Standards for Specific Uses), 17.44
(Entitlement - Process and Procedures), 17.60
(Amendments to the General Plan, Specific Plans,
Zoning Map and Zoning Code) and 17.68 (Public Notice).
BACKGROUND
The proposed Zoning Ordinance Amendments contained within the
attached draft ordinance have been prepared to address four (4)
Council resolutions directing the Planning Commission to study
and provide recommendations on changes to the Zoning Ordinance:
Resolution No. 2002 -1963 regarding second unit size, Resolution
No. 98 -1423 regarding outdoor seating for restaurants, and
Resolution No. 96 -1237 regarding allowing recreation vehicle
storage in the Commercial Planned Development (CPD) zone, and
Resolution No. 2002 -1997 regarding amendments to entitlements
and use matrix. At the July 1, 2003, Planning Commission
meeting, the Commission reviewed proposed amendments to five (5)
sections of the Zoning Ordinance and recommended approval. The
amendments simplify, clarify and consolidate the entitlement
process.
DISCUSSION
Existing Regulations
Entitlements: Chapter 17.44 of the Zoning Ordinance covers
procedures and required findings for five different types of
land -use entitlements, including zoning clearances, planned
development permits, conditional use permits, temporary special
use permits, and administrative permits. In addition, the
variance and administrative exception procedures are covered in
CC ATTACHMENT 8 G.- J
Honorable City Council
August 20, 2003
Page 2
this chapter. Modifications of entitlement permits through
permit adjustments, minor modifications, or major modifications
are also covered in this chapter.
General Plan and Zoning Amendments: Chapter 17.60 of the Zoning
Ordinance covers the procedures for the filing and action on
general plan amendments, specific plan amendments and changes to
the zoning code and zoning map.
Public Notices: Chapter 17.68 of the Zoning Ordinance covers
the procedures for public notification signs when a public
hearing is required.
Uses by Zone: Chapter 17.20 of the Zoning Ordinance covers
those uses that are allowed in each zone and the entitlement
permit required prior to construction or occupancy.
Standards for Specific Uses: Chapter 17.28 of the Zoning
Ordinance covers the standards for specific uses where the City
has determined that specific standards need to be applied.
Proposed Regulations
Entitlements: The proposed amendments to this chapter clarify
and simplify the entitlement process. Almost all of the
entitlement applications remain, with the exception of minor and
major modifications. For modifications to approved entitlements
two (2) processes are now suggested, permit adjustment and
modification. Permit adjustment approval would be granted by
the Community Development Director when it does not involve a
change to the language of a condition of approval but merely an
interpretation. This would involve such items as minor changes
to a site plan, addition of a use which is similar in nature to
an approved use in a planned development, or a change of
building material or color. A modification would be a change to
the conditions of approval or a substantive change to the design
of the project such that the project redesign does not resemble
the approved application. Modifications can only be approved by
the original decision - making authority (i.e. the City Council in
most cases). Findings for planned development permits would
focus on design rather than mimicking the findings for
conditional use permit.
General Plan Amendments: The proposed amendment to this chapter
is to consolidate its requirements under the Entitlement
S: \Community Development \DEV PMTS \Z O A \2002 \05 Entitlement \Staff Reports \CC 030820 Entitlement
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Honorable City Council
August 20, 2003
Page 3
chapter. Minor adjustments to language have been made to be
consistent with the overall language of the Entitlement chapter.
Public Notices: The proposed amendment to this chapter is to
consolidate its requirements under the Entitlement chapter. All
other requirements remain the same.
Uses by Zone: The proposed amendments to this chapter remove
those uses which are never likely to be in the City, eliminate
duplication of uses, incorporate some minor standards for
development of certain uses, organize the uses alphabetically
and provide for new more current uses. The uses have been
organized into a "use matrix" for easy use and symbols have been
replaced by the entitlement application abbreviation. In this
section staff has addressed the issues of outdoor seating for
restaurants and recreation vehicle storage. These amendments
also propose to eliminate the requirement of an administrative
permit for room additions and patio covers over 120 square feet.
Only a zoning clearance would be required if the proposed
addition or patio cover meets the required setbacks, height and
architectural character of the existing residence. This change
will reduce processing time and allow over the counter Planning
Division approval of simple room additions and patio covers. It
would be staff's intention, should the Council adopted these
amendments to informally implement this portion of the amendment
after the second reading of the ordinance. These amendments
will also eliminate the few conditional use permits that require
only Planning Commission approval, making all conditional use
permits subject to City Council approval.
Staff has made some adjustments to the use list recommended by
the Commission to remove the allowance of churches in commercial
zones (this change will affect only one church, which would
become a legal non - conforming use), to add clarification to
wireless communication facilities, to add plant nurseries in the
M -2 zone, and minor word changes /additions for clarity such as
reference to other sections of the Municipal Code.
Standards for Specific Uses: The amendments to this chapter
transfer some of the minor standards to the use matrix, make
minor revisions to the second dwelling unit section to comply
with the latest revisions to state law (AB 1866), and delete
specific standards for satellite dish antennas, oil and gas
production, mining and reclamation, campgrounds, camps,
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.�f�f„ r.
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Honorable City Council
August 20, 2003
Page 4
retreats, golf courses, buildings for the growing of crops and
temporary pet vaccination clinics. To bring the City's
standards for second units into consistency with AB 1866 the
proposed changes would allow second units through the approval
of Zoning Clearance when the standards are met, remove the
notification requirement and require additional parking on the
basis of the number of bedrooms. The City Council also directed
that staff examine the unit size for second units. This issue
has been addressed by removing the 30% restriction as to the
size of the second unit since the size of the second unit is
already controlled. Staff has also added a provision that the
second unit shall not be larger than the primary unit.
ENVIRONMENTAL DOCUMENTATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific
category listed in CEQA. Other projects may be exempt under a
general rule that environmental review is not necessary where it
can be determined that there would be no possibility of
significant effect upon the environment. A project which does
not qualify for an exemption requires the preparation of an
Initial Study to assess the level of potential environmental
impacts.
The Director has reviewed this project and found it to qualify
for a General Rule Exemption in accordance with Section 15061 of
California Code of Regulations (CEQA Guidelines). No further
environmental documentation is required.
STAFF RECOMENDATION
1. Open the public hearing, accept public testimony, and close
the public hearing;
2. Introduce Ordinance No. for first reading approving
Zoning Ordinance Amendment Case No. 2002 -05. Schedule
second reading and adoption for September 3, 2003.
S: \Community Development \DEV Pm,rs \z O A \2002 \05 Entitlement \Staff Reports \CC 030620 Entitlement
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�r
Honorable City Council
August 20, 2003
Page 5
Attachments: (See CC Attachments 1 -7 of 09103103 Staff Report)
1.
Draft Ordinance
2.
PC Resolution (See Draft Ordinance for Exhibit(s))
3.
Existing
Chapter
17.20
4.
Existing
Chapter
17.28
5.
Existing
Chapter
17.44
6.
Existing
Chapter
17.60
7.
Existing
Chapter
17.68
S: \Community Development \DEV PMTS \Z 0 A \2002 \05 Entitlement \Staff Reports \030903 attachment 8.doc
MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM g • B.
C'r T 9 -3
A'�`'
c.. 1
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared By: Joseph F. Fiss, Principal Plann
DATE: August 29, 2003 (CC Meeting of 09/03/03)
SUBJECT: Consider Minor Modification No. 3 to Industrial
Planned Development Permit No. 1993 -01, an Application
for Seasonal Outdoor Storage on an Ongoing Basis
within a Parking Area of an Existing Warehouse
Facility Located at 709 and 700 Science Drive, on the
Application of Aldik Artificial Flowers, Inc.
BACKGROUND /DISCUSSION
The applicant has requested a continuation of the public hearing
in order for their Chief Executive Office to attend the hearing.
STAFF RECOMbENDATIONS
1. Open the public hearing, accept public testimony, and
continue the public hearing to the October 1, 2003 City
Council meeting.
TO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Barry K. Hogan, Community Development
Prepared By: Joseph F. Fiss, Principal
July 24, 2003 (CC Meeting of 09/03/03)
ITEM $- B.
Director
Plann r
�.5 A
T: 'ITT
SUBJECT: Consider Minor Modification No. 3 to Industrial
Planned Development Permit No. 1993 -01, an Application
for Seasonal Outdoor Storage on an Ongoing Basis
within a Parking Area of an Existing Warehouse
Facility Located at 709 and 700 Science Drive, on the
Application of Aldik Artificial Flowers, Inc.
BACKGROUND
Aldik Artificial Flowers, Inc. (AAF) occupies (since February
14, 2001) two industrial buildings at 709 and 700 Science Drive
for warehouse and distribution purposes. The 253,780 and 152,500
square foot buildings were originally constructed for warehouse
and bulk mail processing in 1994, under Industrial Planned
Development (IPD) No. 1993 -01. AAF is requesting a third Minor
Modification to IPD No. 1993 -01 to allow seasonal outdoor
storage on an ongoing basis within the parking area. This
modification request is submitted to cure Code Enforcement
violation notices.
DISCUSSION
AAF is requesting permission to allow seasonal outdoor storage
on an ongoing basis in the parking area of an existing
warehouse /distribution facility. Currently, pallets, trailers,
boxes and other items are stored throughout the parking lot in
violation of the municipal code. This application was filed as
a result of several written notices of violations issued by Code
Enforcement, and subsequent meetings with Code Enforcement
staff. Although Code Enforcement is maintaining this as an
active case, legal action has been deferred to allow the
Honorable City Council
September 3, 2003
Page 2
processing of this application, consistent with Zoning Code
Section 17.44.040 (b) (Attachment 4).
This property is zoned M -1. The purpose of the M -1 (Industrial
Park) zone is to provide suitable areas for the exclusive
development of light industrial, service, technical research and
related business office uses in an industrial park context, in
conjunction with stringent standards of building design, noise,
landscaping and performance. The original building was developed
subject to the aforementioned IPD and as such, any changes are
subject to the Modification process.
"Storage" in general is allowed within the M -1 zone upon
approval of a Planned Development Permit. The Zoning Code does
not distinguish between indoor and outdoor storage in this case.
Some incidental outdoor storage is expected at this type of
facility due to the in- and -out nature of distribution uses.
However, outdoor storage at this site has exceeded what could
reasonably be considered "incidental" and was not originally
anticipated in the approval of IPD No. 1993 -01. Section
17.36.050 of the zoning code states that "Accessory outside
storage shall be confined to the area to the rear of the
principal building or the rear two- thirds of the property,
whichever is the more restrictive, and screened from view from
any property line by appropriate walls, fencing, earth mounds or
landscaping."
AAF is proposing to continue to maintain open storage throughout
the site, without adequate screening. This storage is visible
from Science Drive, New Los Angeles Avenue and State Route 23.
Said storage currently occupies required parking spaces. In
order for the City Council to determine that the requested
modification is consistent with the requirements of the City's
General Plan, Municipal Code, and the Industrial Planned
Development Permit, certain findings would need to be made.
Industrial Planned Development Findings: Staff has determined
that this application does not meet the requirements of the City
of Moorpark, Municipal Code Section 17.44.030 in that:
1. The proposed project is not consistent with the intent and
provisions of the City's General Plan and any applicable
Specific Plan and Title 17 of the Moorpark Municipal Code,
in that Goal 10 of the General Plan Land Use designation
S: \Community Development \DEV PMTS \I P D \1993 \IPD 93 -1 \Minor Mod 3 \cc agendareport 030903.doc
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Honorable City Council
September 3, 2003
Page 3
encourages development in a compatible manner with
surrounding land uses. Outdoor storage is not consistent
with the surrounding Industrial Park uses. The proposal is
inconsistent with Policy 10.2 regarding minimizing adverse
impact on adjacent uses and enhancement of visual
characteristics of the area.
2. The proposed project is not compatible with the character
of surrounding development, in that surrounding uses do not
legally maintain outdoor storage. Outdoor storage is not
consistent with the Industrial Park nature of the Science
Drive corridor.
3. The proposed project may be obnoxious or harmful, and may
impair the utility of neighboring property or uses, in that
the proposed outdoor storage causes a visual degradation to
the area and allows for harboring of vectors.
4. The proposed project would be detrimental to the public
interest, health, safety, convenience, or welfare, in that
this project is inconsistent with the types of uses
contemplated by the Industrial Park designation of the
zoning code.
5. The proposed project is compatible with the scale, but not
the visual character and design of the surrounding
properties, is not designed so as to enhance the physical
and visual quality of the community, and the structures
have design features which provide visual relief and
separation between land uses of conflicting character, in
that outdoor storage is not a design improvement nor a
visual enhancement to the area.
This proposal has been carefully reviewed and based upon the
evidence presented by AAF, the analysis within the agenda report
and the lack of necessary findings to support the request, staff
recommends that the request be denied. The proposal presents no
factors to justify that unscreened outdoor storage is any
benefit to the area or the community at large. The proposal
causes major detrimental effects to the visual aesthetic of this
corridor and is not consistent with a "business park"
environment. Aside from a very dense landscaped buffer along
the 23 Freeway and New Los Angeles Avenue (118) frontage, there
is little that can be done to mitigate the inherent
characteristics of outdoor storage on this site.
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Honorable City Council
September 3, 2003
Page 4
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific
category listed in CEQA. Other projects may be exempt under a
general rule that environmental review is not necessary where it
can be determined that there would be no possibility of
significant effect upon the environment. A project which does
not qualify for an exemption requires the preparation of an
Initial Study to assess the level of potential environmental
impacts.
The Director has reviewed this project and found it to be
Categorically Exempt in accordance with Section 15301 (Class 1,
Existing Facilities) of the California Code of Regulations (CEQA
Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATIONS
1. Open the public hearing, accept public testimony, and close
the public hearing;
2. Adopt Resolution No. 2003- denying Minor Modification
No. 3 to Industrial Planned Development No. 1993 -01.
Attachments:
1. Site Plan (May - September Storage Proposal).
2. Site Plan (October -April Storage Proposal).
3. Draft Resolution No. 2003-
4. Zoning Code Section 17.44.040 (b).
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RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DENYING MINOR MODIFICATION NO.
3 TO INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 1993-
01, REQUESTING SEASONAL OUTDOOR STORAGE ON AN
ONGOING BASIS WITHIN A PARKING AREA AT AN EXISTING
WAREHOUSE FACILITY LOCATED AT 709 AND 700 SCIENCE
DRIVE, ON THE APPLICATION OF ALDIK ARTIFICIAL
FLOWERS, INC. (ASSESSOR PARCEL NOS. 512 -0- 240 -195
and -205)
WHEREAS, at a duly noticed public hearing on September 3
2003, the City Council considered Minor Modification No. 3 to
Industrial Planned Development Permit (IPD) No. 1993 -01, on the
application of Aldik Artificial Flowers, Inc., to allow seasonal
outdoor storage on an ongoing basis in the parking area of an
existing warehouse ldistribution facility, located at 709 and 700
Science Drive, (Assessor Parcel Nos. 512 -0- 240 -195 and -205); and
WHEREAS, at its meeting of September 3, 2003, the City
Council opened the public hearing, took public testimony and
closed the public hearing; and
WHEREAS, the City Council, after review and consideration of
the information contained in the staff report and public
testimony, has reached a decision on this matter; and
WHEREAS, The Community Development Director has reviewed
this project and found it to be Categorically Exempt in
accordance with Section 15301 (Class 1, Existing Facilities) of
the California Code of Regulations (CEQA Guidelines), and no
further environmental documentation is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The
aforementioned Minor
inconsistent with the
City Council does
Modification to
City's General Plan.
hereby find that the
IPD No. 1993 -01 is
SECTION 2. INDUSTRIAL PLANNED DEVELOPMENT FINDINGS: Based
upon the information set forth above, it has been determined that
this application does not meet the requirements of the City of
Moorpark, Municipal Code Section 17.44.030 in that:
A. The proposed project is not consistent with the intent and
provisions of the City's General Plan and any applicable
Specific Plan and Title 17 of the Moorpark Municipal Code,
in that Goal 10 of the General Plan Land Use designation
CC ATTACHMENT 3
Resolution No. 2003 -
Page 2
encourages development in a compatible manner with
surrounding land uses. Outdoor storage is not consistent
with the surrounding Industrial Park uses. The proposal is
inconsistent with Policy 10.2 regarding minimizing adverse
impact on adjacent uses and enhancement of visual
characteristics of the area.
B. The proposed project is not compatible with the character of
surrounding development, in that surrounding uses do not
legally maintain outdoor storage. Outdoor storage is not
consistent with the Industrial Park nature of the Science
Drive corridor.
C. The proposed project may be obnoxious or harmful, and may
impair the utility of neighboring property or uses, in that
the proposed outdoor storage causes a visual degradation to
the area and allows for harboring of vectors.
D. The proposed project would be detrimental to the public
interest, health, safety, convenience, or welfare, in that
this project is inconsistent with the types of uses
contemplated by the Industrial Park designation of the
zoning code.
E. The proposed project is compatible with the scale, but not
the visual character and design of the surrounding
properties, is not designed so as to enhance the physical
and visual quality of the community, and the structures have
design features which provide visual relief and separation
between land uses of conflicting character, in that outdoor
storage is not design improvement nor a visual enhancement
to the area.
SECTION 3. CITY COUNCIL DECISION: The City Council hereby
denies Minor Modification No. 3 to IPD No. 1993 -01.
SECTION 4. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
17.030
d. That the granting of such variance will not be
detrimental to the public health, safety or general welfare,
nor to the use, enjoyment or valuation of neighboring
properties; and
e. That the granting of a variance in conjunction with
a hazardous waste facility will be consistent with the
portions of the county's hazardous waste management plan
(CIINI' W) which identifies specific sites or siting criteria
for hazardous waste facilities.
3. Burtien of Proof. The applicant shall have the burden
of proving to the satisfaction of the appropriate decision -
making authority that the above standards are met.
4. Duration. Any variance remains valid for so long
as the use or structure which requires the variance(s)
continues.
I. A request for a minor excerption from standards
of zoning regulations may be approved by the director of
community development as an administrative exception,
upon making the following findings:
a. That the granting of the exception will not create
impacts to abutting properties; and
b. That the strict application of the zoning regulations
its they apply to the subject property will result in practical
difficulties or unnecessary hardships inconsistent with the
general purpose of such regulations; and
c. That the granting of the exception is consistent with
the general plan and/or any applicable specific plan.
2. The director of community development shall
provide a notice of the request, the date when the action
is to be taken and a request for written comments for or
against the request. The notice shall be mailed to all sur-
rounding property owners, within three hundred (300) feet
of the property, whose names appear on the latest - equalized
assessment roll of Ventura County. A copy of the notice
shall be provided to the city council, planning commission
and the city manager. An administrative exception may
be granted only in the following situations:
a. To allow a decrease not to exceed twenty percent
(20%) in any rtxluired minimum setback, provided that
such exception may be granted only once from the minimum
standard adapted by this code or any planned development
permit approved consistent with this code;
b. To allow a decrease not to exceed ten percent (10%)
in required parking aisle: width or similar dimensional
requirements;
c. To allow walls, fences or hedges to exceed the
height limit regulations by a maximum of one (1) foot in
setback areas, except in a required sight triangle;
d. To allow an increase not to exceed ten percent (10%)
for maximum building coverage, or sign area or sign height;
(Moorpurk 7 -61)
e. To allow a five- percent (5%) decrease in the required
lot area for sxond units. (Ord. 271 § 1 (part), 2001)
17.44.040 Filing and processing of application
requests.
A. Submission of Applications. An application for a
permit or variance may be filed by the owner of the proper-
ty or his/her authorized agent, a lessee who holds a lease
whose terns permit the use ap plic d for, or by any duly
constituted government authority or agent thereof. Such
application requests shall be filed with the department of
community development. No application request shall be
accepted for filing and processing unless it conforms to
the requirements of this title, contains in a full, true and
correct form the required materials and information pre-
scribed by the form supplied by the department of commu-
nity development and is accompanied by the appropriate
processing fees.
B. Existing Violations. No application request for an
entitlement shalt be accepted if a violation of the zoning
ordinance, subdivision ordinance or municipal code exists
on the lot, provided that the violation was a result of the
act<ons or inactions of the applicant or his predecessor(s)
in interest, until t1he violation is abated, unless the accep-
tance of the application is necessary to the abatement of
the existing violation.
C. Content of Applications. The content of applications
shall be determined by the city. Site plans and elevations
(in color, with building materials identified), sample floor
plans and samples of exterior finishing materials may be
required as part of the permit procedure. if the project is
proposed to be developed in phases, the sequence of such
phases shall also be shown.
D. Compieteness of Application. The applicant shall
be notified in writing as to whether the application. is
complete or incomplete, no later than thirty calendar days
after the city has accepted an application under this title,
except in the case of zone changes and general plan amend-
ments, which are legislative acts and thus are not subject
to the thirty (30) day limit. If the application is determined
to be incomplete, the applicant shall be notified in writing
of the rcasons for such determination and of die infomtation
needed to make the application complete.
1. Review of Supplemental Information. If an applica-
tion is deemed incomplete and the applicant subsequently
submits the required information, a new thirty (30) day
review period begins on the day that the supplemental
information is submitted.
2. Termination of incomplete Application. Upon written
notification to the applicant, processing of an incomplete
application may be terminated if no reasonable effort has
been made by die applicant to complete the application
CC ATTACHMENT 4
ITEM 7-C.
TO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
r, {
WI
Barry K. Hogan, Community Development Director O
�S
Prepared By: David Bobardt, Planning Managerp
August 21, 2003 (CC Meeting of 09/03/2003)
SUBJECT: Consider General Plan Amendment No. 2003 -03: Amendment
to the Circulation Element of the General Plan to Add
a Westerly Extension of High Street between Moorpark
Avenue and Gabbert Road to the Highway Network as a
Local Collector and Add "A" Street from Tract No. 5187
(William Lyon Homes) to the Highway Network as a Rural
Collector.
BACKGROUND
On February 6, 2002, the City Council approved Vesting Tentative
Tract Map No. 5187 for 250 houses on the application of West
Pointe Homes (now William Lyon Homes). One of the Conditions of
Approval was for the subdivider to fund an amendment to the
Circulation Element of the General Plan to designate the
project's main access road from Walnut Canyon Road, "A" Street,
as a rural collector. Action by City Council on the amendment,
is required prior to occupancy of the first house in the
subdivision.
On May 21, 2003, the City Council adopted a resolution to
initiate the processing of an amendment to the Circulation
Element to add a westerly extension of High Street between
Moorpark Avenue and Gabbert Road to the Highway Network as a
local collector.
General Plan Amendment No. 2003 -03 would address both of these
Council - initiated amendments. A map showing the proposed
changes to the Highway Network is included as Exhibit A of the
attached draft City Council Resolution (Attachment 3) . The
Planning Commission considered this proposed General Plan
Amendment on June 17, 2003 and July 1, 2003. At its June 17th
meeting, questions and concerns arose from the public on the
\ \mor_pri_sery \City Share \Community Development \DEV PMTS \G P A \2003 \ -03 High St & A St \Staff_
Reports \030903 CC Rpt.doc C — - " „A�
Honorable City Council
September 3, 2003
Page 4
Figure 2
Projected 2007 Average Daily Traffic Volumes
Highway Network Plan with Proposed High Street Extension
(In 1,000's of Vehicles per Day)
Source: Austin Foust Associates, Inc., High Street Extension Tragic Anaiysis, LuU.S
The extension of High Street woulc
downtown for future residents o
furthering General Plan goals to
Including this segment in the
Network would help ensure that it
development plans for the Specific
provide more direct access to
the Specific Plan 1 area,
revitalize the downtown area.
Circulation Element Highway
will be a part of the future
Plan 1 area.
Environmental Documentation:
A Proposed Negative Declaration has been prepared for this
project. It was advertised to accept public comments between
June 6 and June 26, 2003. On June 16, 2003, a letter was
received from Susan Brandt - Hawley representing Colin Velasquez,
the owner of property on the northwest corner of Moorpark Avenue
and High Street (Attachment 2). Ms. Brandt - Hawley expressed
concern that traffic patterns could be significantly altered by
the proposed High Street extension, with traffic increasing
\ \mor_pri_sery \City Share \Community Development \DEV PMTS \G P A \2003 \ -03 High St & A St \Staff ,.�,
Reports \030903 CC Rpt.doc lr _� _J
WITH EXTENSION
ej
M
� �JS
4-
9
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3
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CASEY
FT
0
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3
HIGH
V
POiNDEX'ER
7
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37
42
LOS ANGELES
Source: Austin Foust Associates, Inc., High Street Extension Tragic Anaiysis, LuU.S
The extension of High Street woulc
downtown for future residents o
furthering General Plan goals to
Including this segment in the
Network would help ensure that it
development plans for the Specific
provide more direct access to
the Specific Plan 1 area,
revitalize the downtown area.
Circulation Element Highway
will be a part of the future
Plan 1 area.
Environmental Documentation:
A Proposed Negative Declaration has been prepared for this
project. It was advertised to accept public comments between
June 6 and June 26, 2003. On June 16, 2003, a letter was
received from Susan Brandt - Hawley representing Colin Velasquez,
the owner of property on the northwest corner of Moorpark Avenue
and High Street (Attachment 2). Ms. Brandt - Hawley expressed
concern that traffic patterns could be significantly altered by
the proposed High Street extension, with traffic increasing
\ \mor_pri_sery \City Share \Community Development \DEV PMTS \G P A \2003 \ -03 High St & A St \Staff ,.�,
Reports \030903 CC Rpt.doc lr _� _J
Honorable City Council
September 3, 2003
Page 5
greatly on High Street. This letter was sent to Austin Foust
Associates to be addressed in the traffic study which they
prepared for the proposed High Street extension. Based on the
traffic model results, it does not appear that traffic on High
Street would be significantly affected by the extension of High
Street (See Figures 1 and 2 above) . No amendments to the
Initial Study or Negative Declaration are necessary based on
this letter and subsequent staff analysis.
STAFF RECONMNDATIONS
1. Open the public hearing, accept public testimony and close
the public hearing.
2. Adopt Resolution No. 2003- Adopting a Negative
Declaration and Approving General Plan Amendment No. 2003-
03.
ATTACHMENTS:
1. Agenda Report from July 1, 2003 Planning Commission
Meetings (with attachments [including June 17, 2003 Agenda
Report]).
2. Comment Letter on Proposed Negative Declaration from Susan
Brandt - Hawley.
3. Planning Commission Resolution No. PC- 2003 -449.
4. Minutes from the June 17, 2003 and July 1, 2003 Planning
Commission Meetings.
5. Draft City Council Resolution.
S: \Community Development \DEV PMTS \G P A \2003 \ -03 High St & A St \Staff Reports \030903 CC Rpt.do t,-. ,,,,,,
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo
Prepared by David A. Bobardt, Planning Mana er
DATE: June 23, 2003 (PC Meeting of 07/01/2003)
SUBJECT: Consider General Plan Amendment No. 2003 -03: Amendment to
the Circulation Element of the General Plan to Add a
Westerly Extension of High Street between Moorpark Avenue
and Gabbert Road to the Highway Network as a Local
Collector and Add "A" Street from Tract No. 5187 (William
Lyon Homes) to the Highway Network as a Rural Collector.
BACKGROUND
On June 17, 2003, the Planning Commission opened a hearing to
consider the addition of two collector roads to the City's
Circulation Element Highway Network. The staff report is attached
as Attachment 1. Questions were raised by members of the public
about the location of the proposed collectors (and the State Route
118 Bypass /North Hills Parkway) in relationship to the houses in
the vicinity of Gabbert Road north of the railroad tracks. The
Planning Commission continued the matter, with the public hearing
open, to allow staff to provide additional information on the
alignments of future roads.
DISCUSSION
The Circulation Element Highway Network (Attachment 2) is a plan of
major streets with different capacities to serve Moorpark's
existing and future land uses. The Highway Network shows road
connections; however, as stated on the exhibit, it does not include
precise alignments. Final street alignments are determined through
the development review process, and are only precisely established
when a precise alignment study is adopted by the Council or when a
subdivision map or offer of street dedication is approved for
recordation.
Attachment 3 shows the approximate location of the alignments of
the planned and proposed Circulation Element Highway Network
\ \mor_pri_sery \City Share \Community Development \DEV PMTS \G P A \2003 \ -03 high St S A St \Staff
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CC ATTACHMENT 1
r-
Honorable Planning Commission
July 1, 2003
Page 2
streets superimposed on an aerial photograph of the area. These
alignments are based on proposed and approved development projects
as described below.
• The Casey Road extension alignment as shown is proposed as
part of the original design for the Hitch Ranch project. Its
distance from the railroad tracks at Gabbert Road is an issue
that would have to be resolved at the time of intersection
design to ensure a safe railroad crossing. Under the proposed
amendment to the Circulation Element currently under
consideration, the western portion of planned Casey Road
extension would be essentially renamed and used as the
extension of High Street and the eastern portion of the Casey
Road extension would "T" into the High Street extension.
• The High Street extension alignment shown is proposed as an
alternative design submitted for the Hitch Ranch project now
being processed by the Community Development Department.
• Tract 5187 "A" Street alignment is shown with the northern
section as approved as part of the subdivision, and the
southern section alignment estimated based on proposed plans
for Hitch Ranch.
• The SR -118 Bypass /North Hills Parkway alignment is shown as
approved on an industrial subdivision (Vesting Tentative Tract
Map No. 5147) to the west, and as proposed as part of the
Hitch Ranch and MGA Development projects through to Walnut
Canyon Road. This path generally follows an alignment
prepared by Caltrans in the early 1990's when the City's
General Plan Land Use and Circulation Elements were being
prepared. An undercrossing is planned where the road crosses
the railroad tracks south of the approved industrial
subdivision.
STAFF RECOHMNDATIONS
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2003- recommending to the City
Council approval of General Plan Amendment No. 2003 -03.
ATTACHMENTS:
1. Staff Report from June 17, 2003 Planning Commission Meeting
(with attachments).
2. Circulation Element Highway Network Map (September 1999).
3. Approximate Alignments of Future Roadways in Circulation
Element Including Proposed Additions as Part of General Plan
Amendment No. 2003 -03.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo �,
Prepared by: David A. Bobardt, Planning Mana I
DATE: June 9, 2003 (PC Meeting of 06/17/2003)
SUBJECT: Consider General Plan Amendment No. 2003 -03: Amendment to
the Circulation Element of the General Plan to Add a
Westerly Extension of High Street between Moorpark Avenue
and Gabbert Road to the Highway Network as a Local
Collector and Add "A" Street from Tract No. 5187 (William
Lyon Homes) to the Highway Network as a Rural Collector.
On February 6, 2002, the City Council approved Vesting Tentative
Tract Map No. 5187 for 250 houses on the application of West Pointe
Homes (now William Lyon Homes). One of the Conditions of Approval
was for the subdivider to fund an amendment to the Circulation
Element of the General Plan to designate the main access road from
Walnut Canyon Road, "A" Street, as a rural collector. Action by
City Council on the amendment is required prior to occupancy of the
first house in the subdivision. On May 21, 2003, the City Council
adopted a resolution to initiate the processing of an amendment to
the Circulation Element to add a westerly extension of High Street
between Moorpark Avenue and Gabbert Road to the Highway Network as
a local collector. General Plan Amendment No. 2003 -03 would
address both of these Council- initiated amendments. A map showing
the proposed changes to the Highway Network is included as Exhibit
A of the attached draft Planning Commission Resolution (Attachment
2).
DISCUSSION
The Circulation Element of the General Plan provides a planned
network of streets to serve Moorpark's existing and future land
uses. Major surface streets are categorized as collectors and
arterials, depending on their function and planned traffic
capacity. Collector streets are typically designed to carry
traffic between local streets and wider, busier, arterial streets.
\\mor_pri_serv\City Share \Comm PC ATTACHMENT 1
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Honorable Planning Commission
June 17, 2003
Page 2
Arterial streets are typically designed to carry higher levels of
traffic across larger areas, connecting collector streets and
providing access to freeways. The City's Circulation Element was
adopted in 1992 and last amended in.1999.
A. Westerly Extension of Sigh Street between Moorpark Avenue
and Gabbert Road to the Highway Network as a Local Collector
The Circulation Element designates High Street between Spring Road
and Moorpark Avenue as a local collector street. East of Spring
Road, High Street turns into Los Angeles Avenue and is designated
as a rural collector, a classification for roads that would carry
slightly more traffic than a local collector. West of Moorpark
Avenue, High Street extends approximately 400 feet within a 40 -foot
wide right -of -way, and is not currently included on the Circulation
Element highway network.
Several current project proposals, including the Hitch Ranch
Specific Plan (Specific Plan Area 1), the old Moorpark High School
site Specific Plan (Specific Plan Area 9) and the proposed new
Civic Center are located north of the Ventura County Transportation
Commission (VCTC) railroad tracks and west of Moorpark Avenue. A
western extension of Casey Road is the only planned collector
street to serve this future development, which could include over
700 houses according to the Land Use Element of the General Plan.
A western extension of High Street as an additional local collector
road would provide a more direct route to the downtown core than
Casey Road.
Local collector roads are identified in the Circulation Element as
two -lane roadways with typical right -of -way widths of 50 -70 feet
and curb to curb pavement widths of 36 -54 feet. Adding such a road
to the Circulation Element Highway Network plan would ensure proper
dedication and improvements when development projects are approved.
It would also ensure that such a route is accounted for in traffic
studies for development projects.
The existing Circulation Element shows Casey Road, a local
collector, extending southwest from its current terminus to a point
adjacent to the VCTC railroad tracks, continuing west parallel to
the railroad tracks, ultimately intersecting with Gabbert Road
north of the railroad tracks. The proposed amendment would have
Casey Road extend southwest from its existing terminus until it
connects with the proposed High Street extension. The proposed
High Street extension would then serve as the local connector west
to Gabbert Road, avoiding a duplicative highway network.
C ,,, 0.. ,r i.
✓ •✓ -ti
Honorable Planning Commission
June 17, 2003
Page 3
B. "A" Street from Tract No. 5187 (William Lyon Homes) to the
Highway Network as a Rural Collector
"A" Street was approved with the condition that a General Plan
Amendment be funded by the subdivider to designate "A" Street as a
rural collector. The Circulation Element identifies rural
collectors as two- to four -lane roadways with typical rights -of -way
of 70 -90 feet and curb to curb pavement widths of 54 -64 feet. An
upgrade from two (2) to four (4) lanes is determined as development
occurs. "A" Street serves as the main access road for Vesting
Tentative Tract Map No. 5187, a 250 -house subdivision west of
Walnut Canyon Road. It is planned to ultimately connect with the
State Route 118 Bypass (or North Hills Parkway). Although proposed
to be improved with two (2) lanes at the present time, traffic
patterns as the City approaches buildout may ultimately show the
need for four (4) lanes, depending on what other roadway
improvements are funded and completed. A designation as a rural
collector will preserve the option to widen this road to four (4)
lanes in the future, should the need arise.
PROCESSING TIME LIMITS
Time limits established for the processing of development projects
under the Permit Streamlining Act (Government Code Title 7,
Division 1, Chapter 4.5), the Subdivision Map Act (Government Code
Title 7, Division 2), and the California Environmental Quality Act
(CEQA) Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3) do not
apply to this proposed General Plan Amendment since it is a public
project.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific category
listed in CEQA. Other projects may be exempt under a general rule
that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect
upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study to assess
the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may
determine that a project will not have a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
Honorable Planning Commission
June 17, 2003
Page 4
prepared. For many projects, a Negative Declaration or Mitigated
Negative Declaration will prove to be sufficient environmental
documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation
cannot be readily identified, an Environmental Impact Report (EIR)
is prepared.
The Director has prepared or supervised the preparation of an
Initial Study to assess the potential significant impacts of this
project. Based upon the Initial Study, the Director has determined
that there is no substantial evidence that the project or any of
its aspects may cause a significant effect on the environment and
has prepared a Negative Declaration for Planning Commission review
and consideration before making a recommendation on the proposed
General Plan Amendment. The Initial Study and proposed Negative
Declaration are attached as Attachment 1.
STAFF REC0bWWDATIONS
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2003- recommending to the City
Council approval of General Plan Amendment No. 2003 -03.
ATTACHMENTS:
1. Initial Study and Negative Declaration
2. Draft Planning Commission Resolution
NEGATIVE DECLARATION
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA 93021
(805) 517 -6200
The following Negative Declaration has been prepared in accordance with the California Environmental
Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of
Moorpark.
Public Review Period: June 6, 2003 to June 26, 2003
Project Title /Case No.: General Plan Amendment No. 2003 -03:
Circulation Element Amendment – Addition of High Street Westerly Extension
and "A" Street Tract 5187 to Highway Network
Project Location: Moorpark, Ventura County.
Project Description: A. The addition of a westerly extension of High Street to the Circulation
Element Highway Network as a local collector between Moorpark Avenue and
Gabbert Road.
B. The addition of "A' Street in Tract 5187 to the Circulation Element Highway
Network as a rural collector.
Project Type: — Private Project X Public Project
Project Applicant: City of Moorpark
Finding: After preparing an Initial Study for the above - referenced project, it is found that
there is no substantial evidence, in light of the whole record before the City of
Moorpark, that the project may have a significant effect on the environment.
(Initial Study Attached)
Responsible Agencies: None.
Trustee Agencies: None.
Attachments: Location Map
Environmental Information Form
Initial Study
Contact Person: David A Bobardt
Community Development Department
City of Moorpark
799 Moorpark Avenue
Moorpark, California, 93021
(805) 517 -6281
S. Community Development\DEV PMTSIG P A12003% -03 High St 3 A St\Environmental\Proposed ND.doc
Circulation Element Amendment
GPA 2003 -03
CITY OF MOORPARK INITIAL STUDY
•,* 799 MOORPARK AVENUE
MOORPARK, CA 93021
(805) 517 -6200
Project Title: Circulation Element Amendment Case No.: GPA 2003 -03
Contact Person and Phone No.: David A. Bobardt (805) 517 -6281
Name of Applicant: City of Moorpark
Address and Phone No.: 799 Moorpark Avenue, Moorpark, CA 93021
Project Location: A West of Moorpark Avenue, North of VCTC Railroad ROW
B. West of Walnut Canyon Road, approx. 2/3 mile north of Casey Road
General Plan Designation: Spec. Plan, General Comm. Zoning: C -OT, M2, RE, AE, OS, RPD
Open Space, Med -Low Resid.
Project Description: A The addition of a westerly extension of High Street to the Circulation Element
Highway Network as a local collector between Moorpark Avenue and Gabbert Road. B. The addition of 'A*
Street in Tract 5187 to the Circulation Element Highway Network as a rural collector.
Surrounding Land Uses and Setting:
North: A_ Commercial uses, vacant mobile home park, open space. B. Open space.
South: A. VCTC railroad tracks B. Open space.
East A. Commercial uses on Moorpark AveMigh Street. B. VC Waterworks District b 1.
West: A. Open space_ B. Open space.
Responsible and Trustee Agencies:
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be poientiaily affected by this project involving at least one impact that is a Potentially
Significant Impactor PotenbaRy Significant Unless Mitigated 'as indicaled by the checklist on the lo/lowi. pages.
Aesthetics Agricultural Resources Air Quality
Biological Resources Guttural Resources Geology/Soft
Hazards and Hazardous Materials HydrologyNVater Quality Land Use/Planning
Mineral Resources Noise Population/Housing
Public Services Recreation TransportationlTraffic
Utilities/Service Systems Mandatory Findings of Significance x None
DETERMINATION: On the basis of this initial evaluation, I find that the proposed project could not have a
significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
Prepared by: Reviewed by:
Date: 6*— 7 ` 200 3 Date: G
Circulation Element Amendment
GPA 2003 -03
4) Create a new source of substantial rot or glare which X
would adversely affect day or nighttime views in the
area?
A. An extension of Nigh Street to the west would parallel Poindexter Avenue south of the
railroad tracks and would not be expected to pose new significant adverse visual impacts due
to its relatively low elevation. B. "A" Street in Tract 5187 was evaluated in an Environmental
Impact Report and was found to have no significant aesthetic impacts.
Sources: General Plan Land Use Element (1992), Final EIR for Vesting Tentative Tract No. 5187.
Mitigation: None required.
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are
significant environmental effects, the City of Moorpark may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project:
1) Convert Prime Farmlwd, Unique Farmland, or Farmland x
of Statewide Importance (Farmland), as shown on
maps prepared pursuant to be Fa viand Mapping and
Monitoring Program of the California Resources
agency, to nonagricultural use?
2) Conflict with existing zoning for agricultural use, or a x
Williamson Act contract?
3) Involve other changes in the existing environment which,
due to their location or nature, could result in
conversion of Farmland. to non-agricultural use?
X
Response: The property involved for troth project sites is not mapped as significant farmland and is not
in agricultural use.
Sources: California Dept of Conservation: Ventura County Important Farmland Map (2000)
Mi ' ation: None required.
C. AIR QUALITY — Would the project:
2
Less Than
Potentially
Significant
Less Than
Significant
With
Significant No
Impact
Mitigation
Impact Impact
A. AESTHETICS — Would the project:
1) Have a substantial adverse effect on a scenic vista?
X
2) Substantially damage scenic resources, including, but
X
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
3) Substantially degrade the existing visual character or
x
quality of the site and its surroundings?
4) Create a new source of substantial rot or glare which X
would adversely affect day or nighttime views in the
area?
A. An extension of Nigh Street to the west would parallel Poindexter Avenue south of the
railroad tracks and would not be expected to pose new significant adverse visual impacts due
to its relatively low elevation. B. "A" Street in Tract 5187 was evaluated in an Environmental
Impact Report and was found to have no significant aesthetic impacts.
Sources: General Plan Land Use Element (1992), Final EIR for Vesting Tentative Tract No. 5187.
Mitigation: None required.
B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are
significant environmental effects, the City of Moorpark may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project:
1) Convert Prime Farmlwd, Unique Farmland, or Farmland x
of Statewide Importance (Farmland), as shown on
maps prepared pursuant to be Fa viand Mapping and
Monitoring Program of the California Resources
agency, to nonagricultural use?
2) Conflict with existing zoning for agricultural use, or a x
Williamson Act contract?
3) Involve other changes in the existing environment which,
due to their location or nature, could result in
conversion of Farmland. to non-agricultural use?
X
Response: The property involved for troth project sites is not mapped as significant farmland and is not
in agricultural use.
Sources: California Dept of Conservation: Ventura County Important Farmland Map (2000)
Mi ' ation: None required.
C. AIR QUALITY — Would the project:
2
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
1) Conflict with or obstruct implementation of the applicable X
air quality plan?
2) Violate any air quality standard or contribute X
substantially to an existing or projected air quality
violation?
3) Result in a cumulatively considerable net increase of any X
cnteria pollutant for which the proied region is non
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions
which exceed quantitative thresholds for ozone
precursors)?
4) Expose sensitive receptors to substantial pollutant X
concentrations?
5) Create objectionable odors affecting a substantial number X
of people?
Response: A. The extension of High Street as a local collector would provide more convenient access
between future residents and downtown Moorpark and is not located adjacent to any
sensitive uses. S. 'A' Street in Tract No. 5187 is an approved access road as part of a
residential development.
Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment
Guidelines (2000)
Mitigation: None required.
D. BIOLOGICAL RESOURCES — Would the project:
1) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies. or regulations, or by Vie
California Department of Fish and Game or U.S. Fish
and Wildlife Service?
2) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wild ife
Service?
3) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including. but not limited b, marsh. vernal pool.
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
4) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
5) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy
or ordinance?
6) Conflict with the provisions of an adopted Habitat
3
X
X
X
X
X
X
I k
Circul
Less Than
Potentially Significant
Significant With
Impact Mitigation
Conservation Plan. Natural Community Conservation
Plan, or other approved local, regional, or state habitat
ation Element Amendment
GPA 200' )-03
Less Than
Significant No
Impact Impact _
conservation Pon!
s se: A. The extension of High Street would follow an area previously disturbed for the construction
of an access road along a flood control channel. B. The development of this road has been
fully evaluates as part of the Environmental Impact Report prepared for Vesting Tentative
Tract No. 5187. Significant biological impacts have been mitigated with the setting aside of a
conservation easement area. No additional impacts would result through the designation of
`A' Street as a local collector.
Sources: Final EIR for Vesting Tentative Tract No. 5187
Mitigation: None required.
E. CULTURAL RESOURCES — Would the project:
1) Cause a substantial adverse change in the significance of X
a historic resource as defined in §15064.5?
2) Cause a substantial adverse change in the significance of X
an archaeological resource pursuant to §15064.5?
3) Directly or indirectly destroy a unique paleontological x
resource or site or unique geologic feature?
4) Disturb any human remains, including those interred X
outside of formal cemeteries?
Response: A. The area for the proposed extension of High Street has already been graded, reducing the
likelihood for cultural resources. B. Mitigation included in the Final EIR for Tract 5187 will
reduce impacts to a less than significant level.
Sources: Final EIR for Vesting Tentative Tract No. 5187
Mitigation: None required.
F. GEOLOGY AND SOILS -- Would the project:
1) Expose people or structures to potential substantial
adverse effects, inducting The risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist- Prioio Earthquake Fault Zoning Map
issued by the State Geologist far the area or based on
other substantial evidence of a known fault? Refer ho
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic- related ground failure, including liquefaction?
iv) Landslides?
2) Result in substantial soil erosion or the loss of topsoil?
4
X
X
X
x
X
Potentially
Significant
Impact
3) Be located on a geologic unit or soil fiat is unstable. or
that would become unstable as a result of the project,
and potentially result in on- or off -site landslide, lateral
spreading. subsidence, liquefaction or collapse?
4) Be located on expansive soil, as defined in Table 18-1.8
of the Uniform Bu+ktkV Code (1994), creating substantial
risks to life or property?
5) Have soils incapable of adequatety supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are notavailable for the disposal of waste
Circu
Less Than
Significant
With
Mitigation
ation Element Amendment
GPA 2003 -03
Less Than
Significant No
Impact Impact
X
X
X
Response: A. The area proposed for the extension of High Street is relatively flat. All roads will be
developed in accordance with industry standards, which would reduce any potential hazards
to a less -than significant level.
Sources: General Plan Safety Element (2001)
Mitigation: None required.
G. HAZARDS AND HAZARDOUS MATERIALS — Would the project:
1) Create a significant hazard b the public or the x
environment through fie routine tansport, use, or
disposal of hazardous materials?
2) Create a significant hazard to the public or the
X
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into fie environment?
3) Emit hazardous emission or handle hazardous or acutely
X
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
4) Be located on a site which is included on a tilt of
X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result.
would it create a significant hazard to the public or the
environment?
5) For a project located within an airport land use plan or.
X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
worldrig in the project area?
6) For a project within the vicinity of a private airstrip, would
X
the project result in a safety hazard for people residing or
working in the project area?
T) Impair implementation of or physically interfere with an
X
adopted emergency response plan or emergency
evacuation plan?
8) Expose people or structures to a significant risk of loss, x
injury or death involving wildland rkes, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildfands?
5
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
Im ct Mitigation Impact Im act
Response: The designation of additional collector roadways on the Highway Network of the Circulation
Element would provide additional access to local land uses, reducing potential hazards
associated with limited access by emergency equipment.
Sources: General Plan Safety Element (2001), Final EIR for Vesting Tentative Tract No. 5187
Mitigation: None required.
H. HYDROLOGY AND WATER QUALITY — Would the project:
1) Violate any water quality standards or waste discharge X
requirements?
2) Substantially deplete groundwater supplies or interfere
X
substantially wild groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of pre- exsting nearby wells would drop to a level
which would not support exisling land uses or planned
uses for which permits have been granted)?
3) substantially, alter the existing drainage pattern of the site
X
or area, including through the alteration of the course of
a stream or river, in a manner which would result in
substantial erosion or siltation on- or o"te?
4) Substantially alter the existing drainage pattern of the site
X
or area, including through the alteration of the course of
a stream or river, or substantially Increase the rate or
amount of surface runoff in a manner which would result
in flooding on- or off -site?
5) Create or contribute runoff water which would exceed the
X
capacity of erusting or planned slormwater drainage
systems or provide substantial additional sources of
polluted runoff?
6) Otherwise substantially degrade water quality?
X
7) Place housing wilhin a 100 -year Food hazard area as
X
mapped on a federal Flood Hazard boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
8) Place within a 100 -year Food hazard area structures which X
would impede or redirect Food Rows?
9) Expose people or structures to a significant risk of loss, X
injury or death involving i) flooding, including flooding as
a result of the failure of a levee or dam?
ii) inundation by seiche, tsunami, or mudtlow? X
Response:
Sources:
Mitigation:
and construction of the roads will comply with all applicable stormwater quality
standards.
General Plan Safety Element (2001), Final EIR for Vesting Tentative Tract No. 5187
None required.
M
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
1. LAND USE AND PLANNING — Would the project:
1) Physically divide an established community? X
2) Conflict with any applicable land use plan, policy, or X
regulation of an agency with jurisdiction over the project
(including. but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect?
3) Conflict with any applicable habitat conservation plan or X
natural community conservation plan?
Response: The extension of High Street would parallel existing railroad tracks. 'A' Street would primarily
provide access local streets for 250 new houses.
Sources: General Plan Land Use and Circulation Element (1992)
Mitigation: None required.
J. MINERAL KE50UKCES — Would the project:
1) Result in the loss of availability of a known mineral x
resource that would be of value to the region and the
residents of the state?
2) Result in the loss of availability of a locally- important X
mineral resource recovery site delineated on a local
general plan, specific plan of other land use plan?
R_ esoonse: No known mineral resources are located on the areas proposed for either of the two collector
streets.
Sources: General Plan Open Space, Conservation, and Recreation Element (1986), Final EIR for
Vesting Tentative Tract No. 5187
Mitigation: None required.
K. NOISE — Would the project result in:
1) Exposure of persons to or generallon of noise levels in
excess of standards established in fie local general plan
or noise ordinance, or applicable standards of other
agencies?
2) Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels?
3) A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
4) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
7
X
X
X
X
J
Circul
Less Than
Potentially Significant
Significant With
Impact Mitigation
5) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people raiding or working in the project
area to excessive noise levels?
6) For a project within the vicinity of a private airstrip, would
the project expose people residng or working in the
project area to excessive noise levels?
ation Element Amendment
GPA 2003 -03
Less Than
Significant No
Impact Impact
X
Response: The proposed collector streets will serve new residential uses and well not impact
residential uses.
Sources: General Plan Noise Element (1998)
Mitigation: None required.
X
L. POPULATION AND HOUSING — Would the project:
1) Induce substantial population growth in an area, either
X
directly ( for example, by proposing new lames and
businesses) or indirectly ( for example, through
extension of roads or other infrastructure)?
2) Displace substantial numbers of existing housing. X
necessitating the construction of replacement housing
elsewhere?
3) Displace substantial numbers of people. necessitating the X
construction of replacement housing elsewhere?
Response: The proposed collector streets will serve new land uses consistent with the
Plan.
Sources: General Plan Land Use and Circulation Element (1992)
Mitigation: None required.
M. PUBLIC SERVICES
1) would the project result in substantial adverse physical
impacts associated with the provision of new or
1*ysicallY altered goverrunental faciliies, need for new
or physically altered governmental facilities. the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
8
X
X
X
X
W
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
impact mrugaxnun IF" paak unNacG
Response: The provision of additional collector roads will enhance the ability of the City to provide public
services.
Sources: General Plan Safety Element (2001), General Plan Open Space, Conservation, and
Recreation Element (1986)
Mitigation: None required.
N. RECREATION
1) Would the project increase the use of aids"
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
2) Does the project include recreational facilities or require
The constriction or expansion of recreational facilities
which might have an adverse physical effect on the
environment r
Response: The addition of two collector streets to the City's Highway Network would not
for recreational facilities.
Sources: General Plan Open Space, Conservation, and Recreation Element (1986)
Mitigation: None required_
X
X
O. TRANSPORTATION/TRAFFIC — Would the project:
1) Cause an increase in traffic which is substantial in relation
X
to the existing traffic bad and rapacity of the street
system (i.e., result in a substantai increase in either the
number of vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)?
2) Exceed, either individually or cumulatively, a level of
X
service standard established by the county congestion
management agcy for designated roads or highways?
3) Resutt in a change in air traffic patterns, inducting either
X
an increase in traffic levels or a change in location that
results in substantial safety risks?
4) Substantially increase hazards due to a design feature
X
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
5) Result in inadequate emergency access?
X
6) Result in inadequate parking capacity?
X
7) Conflict with adopted policies, plans, or programs
X
supporting altemative transportation (e.g., bus lumouts,
bicycle racks)?
'0
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant
Significant With
Less Than
Significant No
Response: The extension of High Street would enhance access between future residences and
downtown Moorpark. 'A' Street is an approved Street to serve as the main access road for
250 new houses.
Sources: General Plan Land Use and Circulation Element (1992), Final EIR for Vesting Tentative Tract
No. 5187
Mitigation: None required.
P. UTILITIES AND SERVICE SYSTEMS — Would the project:
t) Exceed wastewater treatment requirements of the X
appbcabte Regional Water Quality Control Board?
2) Require or result in the construction of new water or X
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
3) Require or result in the construction of new storm water X
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
4) Have sufficient water supplies available to serve the X
project from existing entitlements and resources, or are
new or expanded entitlements needed?
5) Result in a determination by the wastewater treatment X
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
6) Be served by the landfill with sufficient permitted capacity X
to accommodate the project's solid waste disposal
needs?
7) Comply with federal, state. and local statutes and X
regulations related to solid waste?
IResponse: The collector streets would be constructed in accordance with industry standards,
compliance with all applicable stormwater quality standards.
Sources: Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater
Quality Control Measures (2002)
Mitigation: None required.
10
Circulation Element Amendment
GPA 2003 -03
Less Than
Potentially Significant Less Than
Significant With Significant No
Impact Mitigation Impact Impact
Q. MANDATORY FINDINGS OF SIGNIFICANCE
1) Does the project have the potential to degrade the Quality x
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self - sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
Cakfomta history of prehislory?
2) Does the project have impacts that are individually limited, x
but cumulatively considerable? r'Cumufativefy
considerable' means that the incremental effect of a
project are considerable when viewed in connection with
the effects of past project, the effects of other current
projects, and effects of probable future projects)?
31 Does the project have environmental effects which will X
cause substantial adverse effects on human beings,
either directly or indirectly?
Response: The extension of High Street as a focal collector will ensure convenient access to downtown
Moorpark when Specific Pian Area 1 is developed. The designation of 'A* Street as a rural
collector was required as a condition of Vesting Tentative Tract No. 5187 to ensure that the
main access road to the 250 -house development is will be built to proper dimensions.
Sources: General Plan Land Use and Circulation Element (1992), Final EiR for Vesting Tentative Tract
No. 5187
Earlier Environmental Documents Used in the Preparation of this initial Study
Final EIR for Tentative Tract No. 5187
Additional Project References Used to Prepare This Initial Study
One or more of the following references were incorporated into the Initial Study by
reference, and are available for review in the Community Development Office, City Hall,
799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the
Response Section of the Initial Study Checklist.
1. The City of Moorpark's General Plan, as amended.
2. The Moorpark Municipal Code, as amended.
3. The City of Moorpark Procedures for the Implementation of the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92-872
4. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title
14 Section 15000 et. seq.
5. Ventura County Air Quality Assessment Guidelines, November 14, 2000.
11
RESOLUTION NO. PC -2003-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT
NO. 2003 -03, AN AMENDMENT TO THE CIRCULATION
ELEMENT TO: A.) ADD A WESTERLY EXTENSION OF HIGH
STREET BETWEEN MOORPARK AVENUE AND GABBERT ROAD
TO THE HIGHWAY NETWORK AS A LOCAL COLLECTOR; AND
B.) ADD "A" STREET FROM TRACT NO. 5187 (WILLIAM
LYON HOMES) TO THE HIGHWAY NETWORK AS A RURAL
COLLECTOR
WHEREAS, on February 6, 2002, the City Council approved
Vesting Tentative Tract Map No. 5187 with a condition that the
subdivider fund an amendment to the Circulation Element Highway
Network by adding "A" Street as a rural collector; and
WHEREAS, on May 21, 2003, the City Council directed the
Planning Commission to study, set a public hearing, and provide
a recommendation pertaining to an amendment to the Circulation
Element Highway Network by adding a westerly extension of High
Street between Moorpark Avenue and Gabbert Road as a local
collector; and
WHEREAS, at its meeting of June 17, 2003, the Planning
Commission conducted a duly- noticed public hearing to consider
General Plan Amendment No. 2003 -03, an amendment to the
Circulation Element to: A.) add a westerly extension of High
Street between Moorpark Avenue and Gabbert Road to the Highway
Network as a Local Collector; and B.) add "A" Street from Tract
No. 5187 (William Lyon Homes) to the Highway Network as a Rural
Collector; and
WHEREAS, the Planning Commission has read, reviewed, and
considered the proposed Negative Declaration prepared on behalf
of the General Plan Amendment No. 2003 -03; and
WHEREAS, at its meeting of June 17, 2003, the Planning
Commission considered the agenda report and any supplements
thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against
the proposal; closed the public hearing; and reached a decision
on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
Resolution No. PC -2003-
Page 2
SECTION 1. RECOMMENDATION: The Planning Commission
recommends to the City Council approval of General Plan
Amendment No. 2003 -03 to: A.) add a westerly extension of High
Street between Moorpark Avenue and Gabbert Road to the Highway
Network as a Local Collector; and B.) add "A" Street from Tract
No. 5187 (William Lyon Homes) to the Highway Network as a Rural
Collector as shown in Exhibit A.
SECTION 2. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED this 17th DAY OF JUNE, 2003.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A: Proposed Changes to the Circulation Element Highway
Network
\ \mor_pri_sery \City Snare \Community Development \DEV PMTS \G P A \2003 \ -03 High St : A St \ordinances
and Resolutions \030617 PC Reso.doc
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FIGURE 2
CITY OF MOORPARK
GENERAL PLAN CIRCULA77ON ELEMENT
HK*I Y AE7WOFW
September 1999
PC ATTACHMENT 2
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BRANDT- HAWLEY LAW GROUP
EnvirO17me1}t /Pre5ervatior)
Susan Brandt - Hawley Chauvet House PO Box 1659
Anne Cottrell
Glen Ellen, California 954.42
June 16, 2003
Planning Commission Chairman Kipp A. Landis
and Members of the Planning Commission
City of Moorpark
by fax: 805 -529 -8270
Re: General Plan Amendment No. 2003 -03
Extension of High Street
Dear Chairman Kipp and Planning Commissioners:
Lc9al Assistants
Sara Hews
Rachel Howlett
5hannen)ones
On behalf of Colin Velazquez, I am writing regarding your June 17, 2003,
agenda referencing the extension of High Street via general plan amendment. Mr.
Velazquez has owned property in downtown Moorpark since 1977, and has first-
hand knowledge of traffic patterns and problems. On his behalf, I request that the
General Plan amendment be denied. If the Commission and City Council are to
consider approval, an environmental impact report surely should be prepared for
this project in conjunction with related pending highway projects in the area, in
order to fully study "the whole of the action" being considered by the City.
Among the potentially significant environmental problems of the extension
of High Street, Mr. Velazquez points out the following:
— Any traffic now proceeding easterly towards the freeway from Gabbert
Road and the proposed industrial complex of west of Gabbert Road would very
likely use High Street.
— Much of the traffic now using Poindexter Avenue would be able to use
High Street to avoid the traffic to the school located on Poindexter.
— Eastbound traffic now using New Los Angeles Avenue to reach the 118
Freeway at New Los Angeles Avenue could and likely would go up Gabbert to
707.938.3908 -, 707.576.0198 fdx 707.576.0175 5us4nb6CPeconet.or9
CC ATTACHMENT 2
: '� 3
T -d 9L1O- 9LS -LO1_ R81meH- 4PueJ9 uesns db£ =b0 £O 91 unr
High Street and directly to the Freeway entrance at Princeton Street.
— Westbound traffic from Freeway 118 traveling to Gabbert Road could
travel directly to Gabbert Road without the need to use heavily - traveled New Los
Angeles Avenue.
— Westbound traffic originating from Collins Avenue and to the west could
as readily use High Street and avoid retracing the route.
— Mr. Velazquez informs me that there is a proposed law limiting the City's
right to deny any roadway to truck use. If that law passes, trucks would surely
use High Street to reach the industrial complex from westbound 118 and would
make the eastbound trip the same way.
In light of all of the above traffic patterns, extending High Street is likely to
significantly increase the use of that street, causing potentially significant adverse
traffic impacts that would negatively impact the City's avowed desire to retain the
charm of downtown Moorpark. Please deny the project or first study its impacts
and potential alternatives and mitigation measures in an EIR.
Thank you.
cc: Colin Velazquez
z'd SL1O- 9LS -LOL
Sincerely,
C)�_
Susan Brandt- Hawley
FatmeH- 1pueJ9 uesnS
-6, 6_ E O
N. T
91 unr
RESOLUTION NO. PC- 2003 -449
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT
NO. 2003 -03, AN AMENDMENT TO THE CIRCULATION
ELEMENT TO: A.) ADD A WESTERLY EXTENSION OF HIGH
STREET BETWEEN MOORPARK AVENUE AND GABBERT ROAD
TO THE HIGHWAY NETWORK AS A LOCAL COLLECTOR; AND
B.) ADD "A" STREET FROM TRACT NO. 5187 (WILLIAM
LYON HOMES) TO THE HIGHWAY NETWORK AS A RURAL
COLLECTOR
WHEREAS, on February 6, 2002, the City Council approved
Vesting Tentative Tract Map No. 5187 with a condition that the
subdivider fund an amendment to the Circulation Element Highway
Network by adding "A" Street as a rural collector; and
WHEREAS, on May 21, 2003, the City Council directed the
Planning Commission to study, set a public hearing, and provide
a recommendation pertaining to an amendment to the Circulation
Element Highway Network by adding a westerly extension of High
Street between Moorpark Avenue and Gabbert Road as a local
collector; and
WHEREAS, at its meetings of June 17, 2003 and July 1,
2003, the Planning Commission conducted a duly- noticed public
hearing to consider General Plan Amendment No. 2003 -03, an
amendment to the Circulation Element to: A.) add a westerly
extension of High Street between Moorpark Avenue and Gabbert
Road to the Highway Network as a Local Collector; and B.) add
"A" Street from Tract No. 5187 (William Lyon Homes) to the
Highway Network as a Rural Collector; and
WHEREAS, the Planning Commission has read, reviewed, and
considered the proposed Negative Declaration prepared on behalf
of the General Plan Amendment No. 2003 -03; and
WHEREAS, at its meetings of June 17, 2003 and July 1 2003,
the Planning Commission considered the agenda report and any
supplements thereto and written public comments; opened the
public hearing and took and considered public testimony both for
and against the proposal; closed the public hearing; and reached
a decision on this matter.
NOW', THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
CC ATTACHMENT 3
Resolution No. PC -2003 -449
Page 2
SECTION 1. RECOMMENDATION: The Planning Commission
recommends to the City Council approval of General Plan
Amendment No. 2003 -03 to: A.) add a westerly extension of High
Street between Moorpark Avenue and Gabbert Road to the Highway
Network as a Local Collector; and B.) add "A" Street from Tract
No. 5187 (William Lyon Homes) to the Highway Network as a Rural
Collector as shown in Exhibit A.
SECTION 2. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners Lauletta, Pozza, Vice Chair DiCecco,
and Chair Landis
NOES:
ABSTAIN:
ABSENT: Commissioner Peskay
PASSED AND ADOPTED this 1st DAY OF JULY, 2003.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A: Proposed Changes to the Circulation Element Highway
Network
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High Street 6 Wm. Lyors.doc l(
Planning Commission, City of Moorpark, California
Minutes of June 17, 2003
Paqe 1
The Regular meeting of the Planning Commission was held on June
17, 2003, in the City Council Chambers; Moorpark Civic Center;
799 Moorpark Avenue; Moorpark, California; 93021.
1. CALL TO ORDER:
Chair Landis called the meeting to order at 7:06 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Lauletta led the Pledge of Allegiance.
3. ROLL CALL:
Commissioners Lauletta, Peskay, Pozza, and Chair Landis
were present. Vice Chair DiCecco was absent
Staff attending the meeting included Barry Hogan, Community
Development Director; Walter Brown, City Engineer; David
Bobardt, Planning Manager; Joseph Fiss, Principal Planner;
Scott Wolfe, Principal Planner; Steven Valdez, Planning
Technician; and Gail Rice, Administrative Secretary.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None.
S. REORDERING OF, AND ADDITIONS TO THE AGENDA:
None.
6. CONSENT CALENDAR:
A. Regular Meeting Minutes of May 20, 2003.
B. Special Joint City Council /Planning Commission /Parks
and Recreation Commission Meeting of May 17, 2003.
MOTION: Commissioner Pozza moved and Commissioner Peskay
seconded a motion that the Planning Commission Regular
Meeting Minutes of May 20, 2003, and the Special Joint City
Council/ Planning Commission/ Parks and Recreation Commission
Meeting of May 17, 2003, be approved. (Unanimous 4:0 voice
vote, Vice Chair DiCecco was absent.)
CC ATTACHMENT 4'
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Planning Commission, City of Moorpark, California
. Minutes of June 17, 2003
Page 2
PUBLIC COMMENTS:
None.
PUBLIC HEARINGS:
(next Resolution No. 2002 -441)
A. Consider Approval of Minor Modification No. 1 to
Commercial Planned Development No. 95 -02 (Mayflower
Market) to Modify Condition of Approval No. 27
Pertaining to a Required Access Easement. (APN 512 -0-
092 -130) Applicant: John Newton & Associates.
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC -2003- approving
Minor Modification No. 1 to Commercial Planned
Development No. 95 -02, amending Condition of Approval
No. 27 and approving the proposed "blanket" easement.
Steven Valdez presented the staff report.
The Commission questioned staff on the driveway and
back lot access.
Chair Landis opened the public hearing.
John Newton, representative for the applicant was
available for questions.
The Commission had no questions of the applicant.
Chair Landis closed the public hearing.
MOTION: Commissioner Peskay moved and Commissioner
Lauletta seconded a motion to approve staff recommendations
and adopt Resolution No. PC- 2003 -445, approving Minor
Modification No. 1 to Commercial Planned Development No.
95 -02, amending Condition of Approval No. 27 and approving
the proposed "blanket" easement.
Motion carried with a unanimous 4:0 voice vote. (Vice Chair
DiCecco absent).
, , , 1 ..e -�
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Planning Commission, City of Moorpark, California
. Minutes of June 17, 2003
Paqe 3
B. Consider Tentative Parcel Ma p No. 5394 for the
Subdivision of an Approximate 2 -Acre Parcel Located at
11820 Darlene Lane into Two (2) Approximately 1 -Acre
Parcels. Applicant: Louis and Diane Mira lia (Assessor
Parcel Number 511 -1 -010 -435)
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC 2003- approving
Tentative Parcel Map No. 5394, subject to conditions.
Scott Wolfe presented the staff report.
Mr. Hogan suggested the following clerical revisions
to the conditions:
• Stamp Page 55; Conditions 9 and 10. Replace
Parcel Map with Building Permit
• Stamp Page 58; Condition No. 26. off -site
improvements ..." should be deleted.
• Stamp Page 60 -61; Condition Nos. 36 -39 already
covered in Condition No. 50 on Page 67 and should
be deleted.
• Stamp Page 64; Condition No.; item F should be
eliminated
• Stamp Page 71; Condition No. 72. Replace Final
Map with Parcel Map.
• Stamp Page 74; Condition No. 87. Sewer
improvement should be removed. This is a septic
lot.
The Commission questioned staff on access to the flag
lot, drainage, expiration time of the Tentative Parcel
Map expiation and extension, and recommended the
following conditions:
• Page 53; Special Condition No. 1. Approval of
Parcel Map should be clarified as Tentative
Parcel Map.
Chair Landis opened the public hearing.
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Planning Commission, City of Moorpark, California
Minutes of June 17, 2003
Paqe 4
John Newton, representative for applicant and Joseph
Toth, Engineer, were available for questions.
The Commission had no questions of the applicant.
Chair Landis closed the public hearing.
MOTION: Commissioner Peskay moved and Commissioner Pozza
seconded a motion to approve staff recolmnendations and
adopt Resolution No. PC- 2003 -446, approving Tentative
Parcel Map No. 5394, as amended to revise conditions.
(Motion carried with a unanimous 4:0 voice vote. Vice Chair
DiCecco absent.)
C. Consider General Plan Amendment No. 2003 -03, Amendment
to the Circulation Element of the General Plan to Add
a Westerly Extension of High Street between Moorpark
Avenue and Gabbert Road to the Highway Network as a
Local Collector and Add "A" Street from Tract No. 5187
(William Lyon Homes) to the Highway Network as a Rural
Collector.
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC -2003- recommending
approval of General Plan Amendment No. 2003 -03.
Dave Bobardt presented the staff report.
The Commission questioned staff on High Street as a
connector to Gabbert Road; Highway 118 bypass; funding
for the project; the design; and "A" Street being part
of the Conditions of Approval for TTM No. 5187.
Chair Landis opened the public hearing.
Mr. Hogan distributed a letter from Brandt - Hawley Law
Group addressed to the Commission on behalf of Colin
Velazquez in opposition to this proposal.
Jayla Haxton and Cindy Hollister residents stating
opposition to the proposal.
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Planning Commission, City of Moorpark, California
. Minutes of June 17, 2003
Paqe 5
One (1) written statement card was received in
opposition of the proposal.
The Commission questioned the speakers on their
knowledge of the General Plan and cited that the Casey
Road extension was previously approved in the
Circulation Element in 1992.
Chair Landis closed the public hearing.
The Commission's discussion included a request for
staff to provide mapping of developments in the area
of the proposed alignments.
MOTION: Commissioner Pozza moved and Commission Lauletta
seconded a motion to continue the agenda item, public
hearing open, to the Regular Planning Commission Meeting of
July 1, 2003.
(Motion carried with a unanimous 4:0 voice vote. Vice Chair
DiCecco absent.)
D. Consider Zoning Ordinance Amendment Case No. 2003 -01:
Deleting Chapter 5.88 of the Moorpark Municipal Code
Regarding Home Occupations, Boutique Sales and Garage
Sales and Amending Chapter 17.28.020(B) Regarding Home
Occupations and Garage Sales.
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
2) Adopt Resolution No. PC -2003- recommending to
the City Council approval of Zoning Ordinance
Amendment No. 2003 -01.
Joseph Fiss presented the staff report.
The Commission questioned staff on boutiques; how
garage sales are monitored for compliance; multiple
garage sales and block sales with multiple
participation versus one residence with multiple
neighbors selling.
Chair Landis opened the public hearing.
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Planning Commission, City of Moorpark, California
. Minutes of June 17, 2003
Page 6
There were no speaker cards or written statement cards
submitted.
Chair Landis closed the public hearing.
The Commission had no questions of staff.
MOTION: Commissioner Pozza moved and Commissioner Peskay
seconded a motion to approve staff recommendations and
adopt Resolution No. PC- 2003 -447 with a revision to address
group garage sales.
(Motion carried with a unanimous 4:0 voice vote. Vice Chair
DiCecco absent.)
E. Consider Amendments
to Chapters
17.20
(Uses by
Zone) ,
17.28 (Standards
for
Specific
Uses),
17.44
(Entitlement - Process
and Procedures),
17.60
(Amendments to the
General Plan,
Specific
Plans,
Zoning Map and Zoning
Code)
and 17.68
(Public Notice).
Staff Recommendation: 1) Open the public hearing, accept
public testimony and continue the public hearing open to
the July 1, 2003 Planning Commission meeting.
Barry Hogan presented the staff report.
The Commission questioned staff on the matrix, approval
authority for CUPS, secondary dwelling units, zoning,
abbreviations and determination of "significant impact."
Chair Landis opened the public hearing.
There were no speaker cards or written statement cards
submitted.
MOTION: Commissioner Pozza moved and Commission Lauletta
seconded a motion to continue the agenda item, public
hearing open, to the Regular Planning Commission Meeting of
July 1, 2003.
(Motion carried with a unanimous 4:0 voice vote. Vice Chair
DiCecco absent.)
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Planning Commission, City of Moorpark, California
Minutes of June 17, 2003
Pac[e 7
9. DISCUSSION ITEMS:
None.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. July 1, 2003
B. July 15 and August 5, 2003: Summer Recess /Cancellation
Mr. Hogan advised the Commission that the two items
continued, Item 8.C. and 8.E., would be heard at the July
1, 2003 meeting, and that the Planning Commission meetings
for July 15 and August 5, 2003, would be cancelled for
summer recess, as well as, the City Council meetings of
July 16 and August 6, 2003.
11. ADJOURNMENT:
MOTION: Commissioner Peskay moved and Commissioner Lauletta
seconded a motion to adjourn the meeting.
(Motion carried with a unanimous 4:0 voice vote. Vice Chair
`. DiCecco absent.)
The meeting was adjourned at 8:40 p.m.
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Planning Commission, City of Moorpark, California
Minutes of July 1, 2003
Page i
The Regular meeting of the Planning Commission was held on July
1, 2003, in the City Council Chambers; Moorpark Civic Center;
799 Moorpark Avenue; Moorpark, California; 93021.
1. CALL TO ORDER:
Chair Landis called the meeting to order at 7:15 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Pozza led the Pledge of Allegiance.
3. ROLL CALL:
Commissioners Lauletta and Pozza, Vice Chair DiCecco and
Chair Landis were present. Commissioner Peskay was absent.
Staff attending the meeting included Barry Hogan, Community
Development Director; Walter Brown, City Engineer; David
Bobardt, Planning Manager; and Gail Rice, Administrative
Secretary.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None.
5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
Mr. Hogan requested that Item 8.C. be heard before Item
Nos. 8.A. and 8.B.
6. CONSENT CALENDAR:
A. Regular Meeting Minutes of June 17, 2003.
MOTION: Commissioner Lauletta moved and Commissioner Pozza
seconded a motion that the Planning Commission Regular
Meeting Minutes of June 17, 2003, be approved. (Unanimous
4:0 voice vote, Commissioner Peskay was absent.)
7. PUBLIC COMMENTS:
None.
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Planning Commission, City of Moorpark, California
Minutes of July 1, 2003
Page 2
8. PUBLIC HEARINGS:
(next Resolution No. 2002 -448)
C. Consider General Plan Amendment No. 2003 -01, Zone
Change No. 2003 -01, Tentative Tract Map No. 5405, and
Residential Planned Development Permit No. 2003 -01,
for 17 Affordable Single- Family Housing Units on a 2.5
Acre Site Located West of Walnut Canyon Road,
Approximately One -Half Mile North of Casey Road.
Applicant: William Lyon Homes (APN: 500 -0- 270 -050)
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
2) Adopt Resolution No. PC -2002- recommending to
the City Council conditional approval of General Plan
Amendment No. 2003 -01, Zone Change No. 2003-
01, Tentative Tract Map No. 5405, and Residential
Planned Development Permit No. 2003 -01.
Barry Hogan presented the staff report.
The Commission questioned staff regarding setbacks,
Mitigated Negative Declaration, affordability, Traffic
Systems Management fund, Traffic and Air Quality fees,
Development Agreement, acquisition of additional land
for more units, aesthetics, sidewalks, "A" Street,
ingress /egress on Walnut Canyon Road, Caltrans
approval, and additional trees /landscaping.
Chair Landis opened the public hearing.
Desmond Bunting, (William Lyon Homes -Los
Angeles /Ventura area), Applicant. Discussed the
Commissions concerns on landscaping, mitigation
measures for sound, the western (sound) wall,
conditions to satisfy Army Corp of Engineers and State
Fish and Game permits, proposed building elevations
along Walnut Canyon Road, planters along Walnut
Canyon, and distance between "'A" Street and Tract No.
5187 (acceleration and deceleration lanes) required to
satisfy Caltrans.
'U
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Planning Commission, City of Moorpark, California
Minutes of July 1, 2003
Page 3
The Commission also questioned the applicant regarding
the left turn lanes on Walnut Canyon and retaining
walls between the homes or landscaping.
Edward Peters and Nancy Bowden, residents, stated
Opposition to the proposal.
DeeWayne Jones, resident, spoke in favor of the
proposal.
Mr. Hogan addressed the public speakers concerns
regarding sidewalks, "A" Street, alternate location
for project, vehicle traffic, flood zone, and truck
traffic.
Three (3) written statement cards were received in
opposition of the proposal.
Chair Landis closed the public hearing.
The Commission's discussion included Walnut Canyon
Road, orientation of the houses, increasing side and
back yards, ingress and egress on Walnut Canyon Road,
bus stops, retaining wall, and the equestrian trail on
the 250 unit project (Tract No. 5187).
Chair Landis moved to reopen the public hearing to
allow a resident to speak who did not submit a public
speaker card prior to the close of the public hearing.
The motion died for lack of a second.
Mr. Hogan stated there would be another public hearing
notice when the matter was scheduled for City Council
consideration.
MOTION: Commissioner Lauletta moved and Vice Chair DiCecco
seconded a motion to approve staff recommendations and
adopt Resolution No. PC- 2003 -448.
(Motion carried with a unanimous 4:0 voice vote.
Commissioner Peskay absent.)
At this point in the meeting, the Commission recessed at
8:35 p.m. and reconvened at 8:48 p.m.
A. Consider General Plan Amendment No. 2003 -03: Amendment
to the Circulation Element of the General Plan to Add
a Westerly Extension of High Street between Moorpark
Avenue and Gabbert Road to the Highway Network as a
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Planning Commission, City of Moorpark, California
Minutes of July 1, 2003
Paqe 4
Local Collector and Add "A" Street from Tract No. 5187
(William Lyon Homes) to the Highway Network as a Rural
Collector.
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC -2003- recommending
to the City Council approval of General Plan Amendment
No. 2003 -03. (Continued from June 17, 2003 meeting.)
Dave Bobardt presented the staff report and included
maps showing the alignment of the proposed and planned
roads of the Circulation Element Highway Network and
their connections.
The Commission questioned staff regarding future
extensions outside the city, the extension of High
Street, the Hitch Ranch project, a project currently
in the GPA Pre- screen process, and the 118 Bypass
connector.
Chair Landis opened the public hearing.
James Hartley, Carlos Jerez, Colin Velazquez, Marla
Hronek, Cindy Hollister, Grace Pinkham, Gayle
Bruckner, Michele Berry, Jayla Haxtor_, Tory Berry, and
Eloise Brown, residents, stating opposition to the
proposal.
Six (6) written statements cards were received in
opposition of the proposal.
The Commission questioned staff regarding the
underpass, industrial development (A -B Properties),
the Hitch Ranch project, and High Street.
Chair Landis closed the public hearing.
The Commission discussed the city's notification
process, CEQA, the railroad, Casey Road and High
Street extension as part of the General Plan
Amendment, Hitch Ranch project, High Street as a
thoroughfare, increased traffic on Casey and Gabbert
Roads, safety, cultural heritage, traffic study and a
new civic center.
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Planning Commission, City of Moorpark, California
Minutes of July 1, 2003
Paqe 5
MOTION: Commissioner Pozza moved and Vice Chair DiCecco
seconded a motion to approve staff recommendations and
adopt Resolution No. PC -2003 -449, as amended.
(Motion carried with a unanimous 4:0 voice vote.
Commissioner Peskay absent.)
Mr. Hogan announced that notice would be posted on the
City's website and the staff report would be available
prior to the City Council hearing.
B. Consider Zoning Ordinance Amendment 2002 -05,
Amendments to Chapters 17.20 (Uses by Zone), 17.28
(Standards for Specific Uses), 17.44 (Entitlement -
Process and Procedures), 17.60 (Amendments to the
General Plan, Specific Plans, Zoning Map and Zoning
Code) and 17.68 (Public Notice).
Staff Recommendations: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC -2003- recommending
to the City Council approval of Zoning Ordinance
Amendment No. 2002 -05. (Continued from June 17, 2003
meeting.)
Barry Hogan presented the staff report. Mr. Hogan
indicated that the changes that were incorporated are
based upon comments from the City Attorney; including,
thresholds for Planned Development Permits,
differences on requirements for Planned Development
Permits for Commercial and Industrial, and listing of
the zones.
The Commission questioned staff on the addition of
zone references, exemptions, difference between
Planned Development Permit and Conditional Use Permit,
review by City Council and Planning Commission, second
dwelling units, floor area ratios and setbacks.
The were no speaker cards or written statement cards
submitted.
Chair Landis closed the public hearing.
MOTION: Commissioner Lauletta moved and Chair DiCecco
seconded a motion to approve staff recommendations and
adopt Resolution No. PC- 2003 -450.
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Planning Commission, City of Moorpark, California
Minutes of July 1, 2003
Page 6
(Motion carried with a unanimous 4:0 voice vote.
Commissioner Peskay absent.)
9. DISCUSSION ITEMS:
None.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. July 15 and August 5, 2003: Summer Recess /Cancellation
B. August 19, 2003.
Chair Landis reminded the public that the 3rd of July
Fireworks Extravaganza at Arroyo Vista Recreation Center
starts at 4:00 p.m.
Mr. Hogan advised the Commission that the North Park EIR
was expected to be out for public review on or before July
11, 2003.
11. ADJOURNMENT:
MOTION: Chair Landis moved and Commissioner Lauletta
seconded a motion to adjourn the meeting.
(Motion carried with a unanimous 4:0 voice vote.
Commissioner Peskay absent.)
The meeting was adjourned at 10:40 p.m.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
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RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 2003 -03, AN AMENDMENT TO THE CIRCULATION
ELEMENT TO: A. ADD A WESTERLY EXTENSION OF HIGH
STREET BETWEEN MOORPARK AVENUE AND GABBERT ROAD
TO THE HIGHWAY NETWORK AS A LOCAL COLLECTOR AND
B. ADD "A" STREET FROM TRACT 5187 (WILLIAM LYON
HOMES) TO THE HIGHWAY NETWORK AS A RURAL
COLLECTOR
WHEREAS, on February 6, 2002, the City Council approved
Vesting Tentative Tract Map No. 5187 with a condition that the
subdivider fund an amendment to the Circulation Element Highway
Network by adding "A" Street as a rural collector; and
WHEREAS, on May 21, 2003, the City Council directed the
Planning Commission to study, set a public hearing, and provide
a recommendation pertaining to an amendment to the Circulation
Element Highway Network by adding a westerly extension of High
Street between Moorpark Avenue and Gabbert Road as a local
collector; and
WHEREAS, at its meetings of June 17, 2003 and July 1, 2003,
the Planning Commission conducted a duly- noticed public hearing
to consider General Plan Amendment No. 2003 -03 and recommended
approval of General Plan Amendment No. 2003 -03; and
WHEREAS, at a duly noticed public hearing on September 3,
2003, the City Council considered the agenda report for General
Plan Amendment No. 2003 -03 and any supplements thereto, took and
considered public testimony, closed the hearing, and reached its
decision on this matter; and
WHEREAS, the City Council has read, reviewed, and
considered the proposed Negative Declaration prepared for the
project referenced above, including the Initial Study and all
comments received.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Negative
Declaration prepared for General Plan Amendment No. 2003 -03 is
hereby adopted in that:
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Resolution No. 2003 -
Page 2
A. Based on the whole record (including the Initial Study and
any comments received), the City Council finds that there
is no substantial evidence that General Plan Amendment No.
2003 -03 will have a significant effect on the environment.
B. The Negative Declaration reflects the City's independent
judgment and analysis.
SECTION 2. CITY COUNCIL APPROVAL: General Plan Amendment
2003 -03 is approved, amending the General Plan Circulation
Element Highway Network map as proposed in Exhibit "A" attached
hereto.
SECTION 3. CERTIFICATION OF ADOPTION: The City Clerk
shall certify to the adoption of this resolution and shall cause
a certified resolution to be filed in the book of original
resolutions.
PASSED AND ADOPTED this 3rd day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
ATTACHMENT: Exhibit A - Circulation Element Highway Network Map
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ITEM NO. 9 . A.
Consider Presentation by Mary
Schwabaueron on the Regional Civic
Alliance for Ventura Count
No Staff Report
TO:
FROM:
DATE:
SUBJECT:
DISCUSSION
CITY OF MOORPARK
AGENDA REPORT
The Honorable City Council
ITEM
v�
Kenneth C. Gilbert, Director of Public Works
August 20, 2003 (Council Meeting 9 -3 -03)
1) Consider Action to Change the Name of Los Angeles
Avenue, Between the Present East End of High Street
and the Route 118 Freeway, to High Street, and
2) Discussion of Possible Change to the Name of Los
Angeles Avenue East of Collins Drive
I. LOS ANGELES AVENUE EAST OF HIGH STREET
A. Backaround
On May 7, 2003, the City Council directed staff to proceed with
the steps necessary for the City Council to consider taking the
action to change the name of that segment of Los Angeles Avenue
east of High Street. After considering the matter on June 4,
2003, the City Council deferred action to a future date in
order to allow Kavlico time to present certain information to
the City Council.
B. Kavlico
Under separate cover, a letter was sent to the City Council
from Newton and Associates, expressing, on behalf of the
Kavlico Corporation, concerns about the subject action and
offering some alternatives. There is no discussion or analysis
of that letter in this report.
C. Authority
Section 34091.1 of the Government Code of the State of
California provides that the name of any street within a City
may be changed by adoption of a City Council Resolution.
St name L A 0308
I
Change Name of Los Angeles Avenue
August 20, 2003
Page 2
D. Public Notice
A public hearing is not required in order for the City Council
to take the subject action. However, a letter (Exhibit 1),
advising of the City's intent to take this action, was sent to
all affected property owners along this street segment, and to
certain public agencies (see list attached as Exhibit 2).
E. Fire Department Review
There were no objections received from the Fire Department.
F. Post Office
In discussions with Post Office officials, staff was advised
that, in the event of a changed street name, mail addressed to
the prior street name will be delivered to the new address in
the same manner as "forwarded mail ".
G. Thomas Guide Maps
Thomas Guide Maps has advised staff that it takes approximately
six (6) months to implement changes to their maps.
H. Resolution: Street Name Change
Attached as Exhibit 3 is a Resolution changing the name of
this segment of Los Angeles Avenue to High Street. The
Resolution directs the City Clerk to forward a copy of the
Resolution to the County Board of Supervisors as required by
Section 34092 of the Government Code.
I. Deferred Effective Date
In order to ease transition to the new address (stationery,
business cards, etc.), the attached Resolution defers the
effective date of the subject street name change to May 1,
2004. The Resolution also directs the required mailing of the
Resolution to the County not occur until February 2004.
St name L A_0308
C
Change Name of Los Angeles Avenue
August 20, 2003
Page 3
J. Fiscal Impact
The proposed street name change will require the replacement
of a number of standard City street name signs, anticipated to
cost $200 to $300 (material and labor) . In addition to these
costs, it will be necessary to modify or replace approximately
nine ( 9 ) large (10' x 16' ) overhead signs — plus a number of
smaller signs - on the freeway. It is anticipated that
Caltrans will perform the work required to make these changes.
The cost of these efforts may exceed $40,000. It is possible
that Caltrans may ask the City to participate in this cost.
II. LOS ANGELES AVENUE EAST OF COLLINS DRIVE
A. Inquiry
The City Council also expressed interest in possibly changing
the name of that segment of Los Angeles Avenue east of Collins
Drive. Staff was directed to contact the City of Simi Valley
to see if there were any interest in a joint effort to change
the name of this street in both Moorpark and Simi Valley. A
letter [Exhibit 51 expressing this interest was sent to the
City of Simi Valley.
B. Response
In the written response [Exhibit 6] from the City of Simi
Valley, they stated that they did not have any interest at
this time in pursuing a change to the name of this segment of
Los Angeles Avenue.
C. Conclusion
The options are to either proceed with efforts to change the
name of that portion of this street segment within the City,
or drop the matter.
Only the Villa del Arroyo Mobile Home Park, and its owners and
residents will be affected by this proposed street name
change.
It is recommended below that staff be directed to advise
affected owners and residents of the date of a future public
meeting to consider this street name change.
St name L A 0308
Change Name of Los Angeles Avenue
August 20, 2003
Page 4
STAFF RECOMMENDATION
1. Adopt Resolution No. 2003- changing the street name for the
segment of Los Angeles Avenue east of High Street, to High
Street, said action to become effective on May 1, 2004.
2. Direct staff to send a notice to affected property owners and
residents of a public meeting to consider changing the name of
Los Angeles Avenue east of Collins Drive.
Attachmen-
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
1:
2:
3:
4:
5:
6:
Letter Notice
Mailing List
Reso: Street Name Change
Letter to Kavlico
Letter to Simi Valley
Letter from Simi Valley
IN
St name L A 0308 E — - T -�
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
Exhibit 1 [pg. 1 ]
August 20, 2003
To: Interested or Affected Party
Re: Notice of Public Meeting: 6:30 p.m. -- September 3, 2003
To Consider Changing the Name of a Street
From Los Angeles Avenue to High Street
Dear Sir or Madam:
During a Public Meeting to commence at 6:30 p.m. on September 3, 2003, the City Council will
consider taking formal action to change the street name for Los Angeles Avenue (between High
Street and the Route 118 Freeway) to High Street (see map on reverse side).
The purpose of this letter is to advise you of the subject Public Meeting and of the above
described proposed action. If you have any questions or concerns about the proposed action,
please contact the undersigned at your convenience in writing, or by telephone at (805) 517-
6255. Be advised that you may provide written comment on the matter to the City Clerk at any
time prior to the public meeting. Also be advised that you may speak on the matter before the
City Council during the subject meeting.
Sincerely,
Ken Gilbert,
Director of Public Works
cc: Steven Kueny, City Manager
st_name_LA_0308
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PATRICK HUNTER KEITH F. MILLHOUSE CLINT HARPER ROSEANN MIKOS JANICE S. PARVIN
Mayor Mavor Pro Tem Councilmember Councilmember Councilmember
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SHERMAN FAMILY INVEST GROUP
ATTN AQUARIA INC
6100 CONDOR DR
MOORPARK CA 93021
513006027
J & L INDUSTRIAL INVESTMENTS
9201 WILSHIRE BL #301
BEVERLY HILLS CA 90210
513006026
CALABASAS BCD INC
ATTN DON HEADLUND
6101 CONDOR DR
MOORPARK CA 93021
513006025
MOORPARK PLAZA LLC
ATTN MARVIN MARKOWITZ
343 S REEVES DR
BEVERLY HILLS CA 90212
513006018
CALABASASBCDINC
6101 CONDOR DR
MOORPARK CA 93021
VENTURA COUNTY
FIRE PROTECTION AGENCY
ATTN: RICK MORA
165 DURLEY AVENUE
CAMARILLO CA 93021
SOUTHERN CALIFORNIA EDISON
ATTN: JOHN RIFFEL
3589 FOOTHILL DRIVE
THOUSAND OAKS CA 91361
513002201
ASADURIAN MANUEL JR
875 W LOS ANGELES AV
MOORPARK CA 93021
513006013
MOORPARK UNIFIED SCHOOL DIST
5297 MAUREEN LANE
MOORPARK CA 93021
513002413
LUCAS THOMAS M
2501 MANHATTAN BEACH BL
REDONDO BEACH CA 90278
512016052
FOUNTAINWOOD - AGOURA
8383 WILSHIRE BL SUITE 1036
BEVERLY HILLS CA 90211
513006007
LAARSINC
6000 CONDOR DR
MOORPARK CA 93021 -2600
513006009
JIN INDUSTRIAL INVEST NO 1
9201 WILSHIRE BL #301
BEVERLY HILLS CA 90210
512016030
CHAIDEZ VICTORIA L TR
13931 LOS ANGELES AV
MOORPARK CA 93021 -9733
513002302
LOPEZ JOE B
86 HARRY ST
MOORPARK CALIF 93021
513002211
CALIFORNIA STATE OF
ATTN DEPT OF TRANSP
120 S SPRING ST
LOS ANGELES CA 90012
PACIFIC BELL CO.
ATTN: LORRIE LAVERY
2250 WARD AVE., ROOM 107
SIMI VALLEY CA 93065
513002206
CALIFORNIA STATE OF- CALTRANS
1120 N STREET
SACRAMENTO CALIF 95814
512016075
CONEJO READY MIX INC
15821 VENTURA BL STE 475
ENCINO CA 91436 -4778
512016063
CONEJO READY MIX INC
15821 VENTURA BL STE 475
ENCINO CA 91436 -4778
xo' l i3 j
UNITED STATES POSTAL SERVICE
ATTN: POSTMASTER
MOORPARK CA 93021
513006008
MOORPARK BUSINESS CENTER
OWNERS ASSN
911 WILSHIRE BL #1010
LOS ANGELES CA 90017
513001022
GHAREBAGHI AHMAD- NAYEREH
SHESHOR MOHAMMAD H- SOHILA
13991 LOS ANGELES AV
MOORPARK CA 93021
513006017
CALABASASBCDINC
6101 CONDOR DR
MOORPARK CA 93021
513006012
MOORPARK PLAZA LLC
343 S REEVES DR
BEVERLY HILLS CA 90211
MOORPARK POLICE DEPT.
ATTN: CAPT. RICHARD DIAZ
26 FLORY AVENUE
MOORPARK CA 93021
SOUTHERN CALIFORNIA GAS CO.
ATTN: MARTY RECORDS
977 CHAMBERS LANE
SIMI VALLEY CA 93065
Z
VENTURA COUNTY WATERWORKS
ATTN: SATYA KARRA
7150 WALNUT CANYON ROAD
MOORPARK CA 93021
512016017
MAY CLIFFORD C- CHRISTINE D
13853 E LOS ANGELES AVE
MOORPARK CALIF 93021
513002402
ROMAN ANTONIO -MARIA
14276 LOS ANGELES AV
MOORPARK CA 93021
513003106 512016064 513003103
VILLANUEVA ROY M -NORA G VENTURA COUNTY FL CTRL DIST CH APOSTOLIC ASSEMBLY OF
4886 MAUREEN LN ATTN R -W AGENT FAITH IN CHRIST JESUS
MOORPARK CA 93021 800 S VICTORIA AVE 14458 COLONIA AV
VENTURA CALIF 93009 MOORPARK CALIF 93021
513003228 513002404 513002407
MAIN DOUGLAS W -CAROL A RODRIGUEZ ERNEST LOPEZ PETE R
14395 AVENIDA COLONIA 14288 LOS ANGELES AV 14294 LOS ANGELES AV
MOORPARK CA 93021 MOORPARK CA 93021 MOORPARK CA 93021
513003201 513003202 513003205
PRIETO ALBERT ET AL SOTO GUADALUPE ET AL ARTIAGA ANTONIA V
6343 W 81 ST ST 14340 LOS ANGELES AV 14342 LOS ANGELES
WESTCHESTER CA 90045 MOORPARK CA 93021 MOORPARK CA 93021
513003206 513003223 513003224
LOPEZ GIL R RANGEL JOSE V ET AL VENTURA COUNTY FL CTRL DIST
14352 LOS ANGELES AVE 14364 LOS ANGELES AV ATTN R -W AGENT
MOORPARK CALIF 93021 MOORPARK CA 93021 800 S VICTORIA AV
VENTURA CALIF 93009
513002408 512016065 512016058
LOPEZ BENNIE B- CONCHA J SHARMA SUBHASH TR ET AL MALLOY FAMILY PARTNERS
751 NOGALES AVE 6190 VERA ST 636 E ROSECRANS AV
MOORPARK CALIF 93021 SIMI VALLEY CA 93063 LOS ANGELES CA 90059
512016051 512016074 512016022
EVENSON MARK HART RICHARD T- LILLIAN M TR TOSCO CORPORATION
2215 FIRST ST #101 17827 RIDGEWAY RD ATTN PROPERTY TAX DEPT
SIMI VALLEY CA 93065 GRANADA HILLS CA 91344 P O BOX 52085
PHOENIX AZ 85072 -2085
512016073 512016059 512016061
MOGAN THOMAS TRUST ET AL CONSOLIDATED ROCK PROD CO DELURGIO DENISE N ET AL
28250 LAURA LA PLANTE PO BOX 2950 TERMINAL ANNEX 99 HILLTOP CR
AGOURA HILLS CA 91301 LOS ANGELES CA 90054 RANCHO PALOS VERDES CA 90275
513006031 513001027 513006030
CALABASAS BCD INC KAVLI FRED APPEL SHELDON -CAROL A TR
6101 CONDOR DR ATTN SUNBELT PROPERTIES 2148 -A FEDERAL AV
MOORPARK CA 93021 1801 SOLAR DR #250 LOS ANGELES CA 90025
OXNARD CA 93031 -9031
513003220 513003219 513003218
HERRERA JOSE R HERRERA JOSE R NUNEZ MARIA G ET AL
191 FIRST ST 191 FIRST ST 14476 AVENIDA COLONIA
MOORPARK CA 93021 MOORPARK CA 93021 MOORPARK CA 93021
513003215
513003214 513003213 P
PETERSON LYDIA ET AL
MORALES LEOBARDO TN GUADALUPE T AGUIRRE CALIFORNIA STATE OF- CALTRANS
14474 LOS ANGELES AV 1120 N STREET
MOORPARK CA 93021 14452 LOS ANGELES AV SACRAMENTO CALIF 95814
MOORPARK CA 93021
513003222 513003226
VENTURA COUNTY FL CTRL DIST GRIES221 CHARLES J VENTURA COUNTY FL CTRL DIST
ATTN R -W AGENT 14455 A VENIDA ATTN R -W AGENT
800 S VICTORIA AV 800 S VICTORIA AV
VENTURA CA 93009 MOO RPARK CA 9 93021 3021 A VENTURA CA 93009
513003233
MARTINEZ JOE L SR -DELIA
14421 AVENIDA COLONIA
MOORPARK CA 93021
RESOLUTION NO. 2003 - Ex. 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, CHANGING THE STREET
NAME FOR THAT PORTION OF LOS ANGELES AVENUE
BETWEEN HIGH STREET AND THE ROUTE 118
FREEWAY, TO HIGH STREET
WHEREAS, Section 34091.1 of the Government Code of the State
of California provides that the name of any street within a City
may be changed by the City Council of that City upon adoption of a
Resolution ordering such a change; and
WHEREAS, it has been proposed that the name of that portion
of Los Angeles Avenue between the current east end of High Street
and the State Route 118 freeway, should be changed to High Street,
as shown on Exhibit 'A' attached hereto and made a part hereof;
and
WHEREAS, a public meeting was scheduled for September 3,
2003, to consider such action and all known affected parties and
public agencies were notified in writing of said public meeting
and of the above mentioned proposed action; and
WHEREAS, said public meeting was held and all written and
oral testimony on the matter was received and considered.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Effective May 1, 2004, the name for Los Angeles
Avenue east of High Street shall be changed to High Street (see
Exhibit 'A').
SECTION 2. The City Clerk is directed to forward a copy of
this Resolution to the Board of Supervisors of the County of
Ventura, on or about February 1, 2004, in accordance with the
requirements of Section 34092 of the Government Code of the State
of California.
SECTION 3. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this day of , 2003.
ATTEST: Patrick Hunter, Mayor
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit 'A': Diagram of Street
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July 21, 2003
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
Bruce Tackman, President
Kavlico Corporation
14501 Los Angeles Avenue
Moorpark, CA 93021
Re: Proposed Los Angeles Avenue Street Name Change
Dear Mr. Tackman:
On June 4, 2003, the Moorpark City Council considered the
referenced matter. At that time, the City Council
postponed action on the matter to allow you to present
additional information. As of this date, we have not
received such information from you.
This matter is being scheduled for further consideration by
the City Council at its September 3, 2003 meeting. It is
requested that the information you desire to present be
provided to the city by August 22, 2003, so it can be
included in the City Council agenda packet and be available
to the public.
Please contact me if you have questions related to this
matter.
Sincerely,
Steven Kueny
City Manager
SK.db
CC: The Honorable City Council
z-4Een Gilbert, Public Works Director
Mr. John Newton
M:\ DBroussalian\M \WPWIN \CITYMGR \Kavlico- Street Name Change 0721 2003.doc
PATRICK HUNTER KEITH F MILLHOUSE CLINT HARPER ROSEANN MIKOS
Mayor Mayor Pro Tern Councilmember Councilmember
JANICE S. PARVIN
Councilmember
MOORPARK s
799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
May 21, 2003
Tim Nanson, Director of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Re: Street Name Change: Los Angles Avenue
Dear Mr. Tim,
It goes without saying that duplicate street names cause confusion and sometimes
hinder emergency response. In that regard, I know that the City of Simi Valley has more
than one Los Angeles Avenue. At one time the City of Moorpark had five (5) street
segments containing the term "Los Angeles ". A few years back we reduced the number
to four (4) and are now considering a street name change for the segment east of High
Street — to reduce the number to three (3). One of the remaining three (3) is the Los
Angeles Avenue running east from Collins Drive and continuing east of Moorpark in
your city. As you might guess we would like to change the name of that street segment
as well. The purpose of this letter is to first see if it would be practical for both Moorpark
and Simi Valley to take a unified, coordinated action to change the name of the entire
segment — not just that portion in Moorpark. Are you interested?
Please consider this to be a formal request made on behalf of, and at the direction of,
the Moorpark City Council. Please feel free to call me [517 -6255] if you should have
any questions.
Since ,
Kenneth C. Gilbert
Director of Public Works
cc: Honorable City Council [Moorpark]
Steven Kueny, City Manager
r,
Street name simi 0305 0
PATRICK HUNTER KEITH F. MILLHOUSE CLINT HARPER ROSEANN MIKOS JANICE S. PARVIN
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
CITY OF
SI1�II VALLEY �
2929 Tapo Canyon Road, Simi Valley. CA 93063 -2199 •
July 7, 2003
Mr. Kenneth C. Gilbert
Director of Public Works
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
C klif) c k- 6
(805) 583 -6700 • http: / /www.simivalley.org
SUBJECT: LOS ANGELES AVENUE STREET NAME CHANGE
Dear Mr._C41bert:
JUL 0 9 2003
Thank you for your letter about the possibility of coordinating a street name change of Los
Angeles Avenue. At this time, the City does not wish to proceed with a Los Angeles Avenue
name change. There are many businesses in Simi Valley whose address is on West Los
Angeles Avenue, and an address change would create a significant burden upon our business
community. Additionally, we have not been approached by any Simi Valley business
expressing concern that multiple Los Angeles Avenues has created confusion, and therefore
they would oppose a name change.
Thank you again for contacting us, and please keep us informed if you wish to move forward
in this matter. If you have any questions, please call Mr. Ron Fuchiwaki, Assistant Director
of Public Works, at (805) 583 -6808.
Sincerely,
Timothy P. Nanson
Director of Public Works
cc
City Manager
Assistant Director of Public Works
'U 0RKS
RTA!ENT
APWDIA4803. CP
BILL DAVIS STEVEN T. SOJKA BARBRA WILLIAMSON PAUL MILLER GLEN T. BECERRA
Mayor Mayor Pro Tern Council Member Council Member Council Member
ITEM _ q . C .
AC-
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Direct*'alyst
Prepared by Laura Stringer, Senior Manageme P DATE: August 21, 2003 (CC Meeting of 09/03/03)
SUBJECT: Consider Status of Residential Planned Development Permit
Nos. 96 -01 and 99 -04 (Tract 5053 and Tract 5204) , a
Detached Single Family Residential Unit Project, Located
on the South Side of Los Angeles Avenue, West of Leta
Yancy Road (Pacific Communities).
BACKGROUND /DISCUSSION
Under the terms of a Development Agreement between the City of
Moorpark and MP Group, LLC (Pacific Communities) and Conditions of
Approval, Tentative Tract Map Nos. 5053 and 5204 (a combined two -
hundred- eighty -four (284) unit single family residential project on
the south side of Los Angeles Avenue, west of Leta Yancy Road) have
expiration dates of, June 16, 2009 and October 18, 2005 (with
Community Development Director approved extensions), respectively.
There has, however, been some confusion regarding the terms of the
associated Residential Planned Development (RPD) Permits (96 -01 and
99 -04), leading the developer to assume that the terms for the RPDs
were consistent with the tentative maps. This is not the case, and
extensions are necessary to keep the RPDs from expiring.
On August 20, 2003, the Affordable Housing Community Development
Committee (Mayor Hunter and Councilmember Mikos) considered staff's
recommendation that the approval of Residential Planned Development
Permit Nos. 96 -01 and 99 -04 be confirmed by the City Council and
that the expiration date be clarified as June 16, 2004. This would
allow the developer to complete work on flood control issues and
hopefully commence use inauguration of the RPDs within that
timeframe. The Committee concurred with staff's recommendation and
recommended that the Community Development Director be authorized
to approve up to a two (2) year time extension to June 16, 2006, if
circumstances warrant such an extension.
S: \Community Development \DEV PMTS \R P D \1996 -01 Pac Com \Staff Reports \cc 030903.doc a
C — --
Honorable City Council
September 3, 2003
Page 2
STAFF RECOWdENDATIONS
1. Recommend that the City Council accept the Affordable Housing
Community Development Committee recommendation to confirm the
expiration date for Residential Planned Development Permit
Nos. 96 -01 and 99 -04 as June 16, 2004.
2. Recommend that the City Council accept the Affordable Housing
Community Development Committee recommendation to authorize
the Community Development Director to approve up to a two (2)
year time extension to June 16, 2006, if circumstances
warrant.
Attachments:
Location Map
S
Uity of Moorpark
Planning Division LOCATION MAP
L5 n: Pacifjc Communjt:es &te
8 CC ATTACM4ENT .1
I Jl
ITEM 10 . A.
_I
CITY OF MOORPARK
cl�rsG l .
WARRANT REGISTER
FOR THE 2002 -2003 FISCAL YEAR
CITY COUNCIL MEETING OF SEPTEMBER 03, 2003
SEQUENCE AMOUNT
From To
REGULAR 113871 - 113884 $ 98,988.06
WARRANTS
TOTAL. $ 98,988.06
i
CITY OF MOORPARK
WARRANT REGISTER
FISCAL YEAR 2002 -03
CITY COUNCIL MEETING OF SEPTEMBER 03, 2003
CHECK
NUMBER
ISSUE
DATE
VENDOR
STATUS
DESCRIPTION
TOTAL
113871
8/28/2003
'ALEXANDER, CELIA
R
Translation Services
170.00
113872
8/28/2003
AUSTIN -FOUST ASSOCIATES
R
6/03 High St Extension
1,500.00
113873
8/28/2003
BURKE, WILLIAMS & SORENSEN
R
6/03 Legal Services
72
205.40
,
- - -
113874
-
8/28/2003
- - - - - - - -- - _
CITY OF CAMARILLO
R
. - - - - - - ._ .. _ _
10/02 -10/03 HHW Events
.. - --
3,450.00
113875
8/28/2003
CITY OF SIMI VALLEY
R
Apr -Dec 02 &Jan -June 0.3 HHW_ Events_
33,285.00
113876
8/28/2003
CITY OF THOUSAND OAKS
R
2nd Qtr 2003 Citations
1,289.75
113877
8/28/2003
1 COACH USA
R
6/03 MPK Bus Maintenance
1.8,943.26
113878
8/28/2003
DIAL SECURITY
R
X6/03 Metrolink Guard
2,272.40
113879
8/28/2003
DURHAM SCHOOL SERVICES
R
6/03 MPK Beach Bus Sery ice
938.82
113880
8/28/2003
I.M.P.A.C. GOVERNMENT SERVICES
R
City Dept. Credit Card Expenses
6_ ,607.32
113881
8128/2003 'PINNACLE
CNG COMPANY
R
6/03 Vector Control Vehicle Fuel
40.03
113882
8/28/2003
TROPHIES E_ TC_
R
;225 JBL Trophies- S_um_me_r Sp_ orts
1,447.87
113883
8/28/2003
UNION 76
R
6/03 Vehicle Fuel
1,071.21
113884
8/28/2003
-
i VENTURA CO ANIMAL REGULATION
R
4 -6/03 Animal Shelter Services
'-
1 7,247.00
TOTAL REPORT
- - - -
- - - -
98;988.06
ITEM
CITY OF MOORPARK
4
WARRANT REGISTER
FOR THE, 2003-2004 FISCAL YEAR -
CITY COUNCIL MEETING OF SEPTEMBER 03, 2003
MANUAL
WARRANTS
VOIDED
WARRANT
PAYROLL LIABILITY
WARRANTS
REGULAR
WARRAN'T'S
TOTAL
SEQUENCE AMOUNT
From To
113587 - 113589 & $ 843.32
113702 - 113703 $ 1,264.08
113704 - 113707
113708 - 113870
$ 0.00
$ 877.53
$ 346,739.40
$ 349,724.33
J
CITY OF MOORPARK
WARRANT REGISTER
FISCAL YEAR 2003 -04
CITY COUNCIL MEETING OF SEPTEMBER 03, 2003
NUMBER I DATE I VENDOR I STATUS I DESCRIPTION I TOTAL
11,R)bf
t5J13/ZUU3 'UINUUI I ll I Y
M
tmployee Loan rnnrer- c.asw_as, J
.3LI. I4
113588
8/13%2003 'MORGENSTERN, BOB
_
M
_,
MSA Conference Expenses
197.40
113589
8/13 /2003 WYNDHAM HOTEL
M
Morgenstern Conference Lodging
324.18
113702
8!2112003 CANT_ WE_ LL, CHRISTOPH_ ER_
M
Reimb for Disney Tickets
634.00
113703
8/21/2003 CITY OF MOORPARK
M
7/1 -8111 Misc Petty Cash Expenses_
630.08
113704
8/27/2003 'AMERICAN HERITAGE LIFE INS
R
8/29/03 Payroll Liability
120.02
113705
812712003 S E I U LOCAL 99.8
R
' 8129 /03 Payroll Liability
410.05
113706
8/27%2003 UNITED WAY OF VENTURA
R
.8/29/03 Payroll Liability
113701
1 8/27/2003 VENTURA COUNTY DISTRICT A_ TTORN_EY
IABPA
R
- 8/29103 Payroll Liability_
_179.00
168.46
113708
8/27/2003 - WRBC REGISTRATION AT_ION
R
{Backflow Conference -J Casillas_
165.00
113709
'_-8 /27 /2003'ACCOUNTEMPS
R
_
13 weeks Accounting -K Szabo
2,137.50
113710
8/27/2003 'ACLU- PRINTS
R
'7103 Live Scan Rolling
10.00
113711
8/27/2003 ACCURATE ANSWERING SERVICE
R
9/03 Fax & Answering Service
63.60
113712
1 _ 8 /27 /2003'ACCURATE INDUSTRIAL SUPPLY _
R
_'tAVRC Gym Pad, Parks Paint Supplies
_
136.31
1113713
_
8/27/2003 ACOSTA, JUAN
_
R
_ _
Refund Parks Security. Deposit
_ _
75.00
113714
AGARWALA, AMITABH
R
_Refund- Tennis Class Cancelled
54.00
X113715
_8/2712003 8/27/2003 ALPHABET SOUP PUPPETEERS
R
8/19 Camp MPK Event
150.00
1113716
_ 8/27%2003 'AMERICAN MOSQUITO CONTROL _
R_
_'03%04 Ann-
nnual Membership_ _ _ _ _
_
_ 100.00
113717
8/27/2003 iANIMAL CARE EQUIPMENT & SUPPL_
'BARNHART,
R
IHeavy Duty Safety Gloves
46.07
113718
8/27/2003 INGE
R
,Refund -Sand Art Works
36.60
1113719
8/27/2003 BENSON, MAUREEN M.
R
Cit Clerks Nuts & Bolts Workshop. _ _ _
_ Y
_ _ 80.32
1137211
812712003 BOGOYEVAC, PETE
R
Softball Forfeit Pay
20.00
113721
8/27/2003 BRANDCO BILLING
R
Vehicle #28 Tires
298.42
113722
8/27/2003 (BRYAN, BECKY
R_
- 'Refund -Parks Security Deposit
100.00
113723
812712003 ;BUSBY, RODRIGO
R
Karate Instructor
792.00
113724
8727/2003 CALIFORNIA CD IMAGING CENTER
Microfiche to Questys
854.33
113725
_ 8/27/2003 ,CALIFORNIA NARCOTIC OFFICE _
_R
_R
_
'9/5 Ca Prison Gangs Conf -2 Deputies _
_
_ L 50.00
113726
8 /27 /2003'CALIFORtVIA PARK &RECREATION
R
Harnett Membership
125.00
113727
' 8 /27 /2003'CALIFORNIA PLANNING DIE
R
10/03 -9/04 CP &DR Publications
249.00
113728
' 8/27!2003 'CASILLAS. JOHN
R
'Backflow Conference Meals
1_35.00
113729
8127!2003 .CEDC- VENTURA HOUSING CONF
R
,9/12 Registration Fee -Nancy Burns
95.00
113730
8/27%2003 CHARLES ABBOTT ASSOCIATES_
R
7/03 Building & Safety Invoices
l 51,009.00
113731
8/2712003 ,CITY CLERK'S A_SSO_C O_F C_AL '
R
'Nuts & Bolts Workshop -M Benson
285.00
113732
, 8/27/2003 COACH USA
'COASTAL
R
7%03 MPK Bus Service
1_9,845.32
113733
8%27/2003 PIPCO
R
_Monte Vista Park Sprinklers
232.70
113734
8127 /20M ..COMPLETE PRO_PER_TY_MAINTENA_NCE_
R_
Fountain Mai ce ntenan
200.00
113735
, 827/2003 'COMPUWAVE i
R-
_'7/03
Video Adapter &Port Hub
98.67
113736
8%27/2003 1CPIC LIFE INSURANCE COMPANY
R
,9/03 Employee Vision Premium
787.80
113737
_ _
^ 812712003 7CAMERON R TORKAY '
R
Teen After Dark Event_- De_ejay _
395.00
113738
_
8/27/2003 D & D SHIRTS UNLIMITED
_
R
_
;Adult Sports T- Shirts
827.94
1113739
_ED
8/2712003 !DAILY NEWS
R
'Secretary 1 /11 Ad
368.16
1113740
-' 8/27/2003, DATA BYTE CENTRAL INC
R
General Office Supplies
2,434.80
113741
8/270003: DIAL SECURITY
R
July & Aug Metrolink Guard
3,588.00
113742
8/27/2003 DISPENSING TECHNOLOGY COR_ P
R
Paint Supplies
104.00
113743
_
8/27/2003 DIVINE FAMILY CHIROPRACTIC '
R
Refund -Park Use Fees
270.00
113144
1 8127/2003 1DOWNTOWN IDEA EXCHANGE
R
03104 Subscription
177.00
!113745
7 8/27/2003 �DOYLE SHAW ICE
R
_
'Vector Control Dry Ice
_ _ _
16.00
113746
8%27/2003'DUNN- EDWARDS CO_ RPOR_ATI_ON_
R
-AVRC, PH, V_ irginia_Colo_nyPaint
193.98
113747
8/27/2003 ; DURAL, JOSEPH
R
JBL Official
180.00
113748
8/27/2003 DURHAM SCHOOL SERVICES -1
R
-17 98/03 Camp MPK & Te_en Travel I Ca_ mp_
_'
10,610.10
113749
8/27/2003 , EARTHQUAKE MANAGEMENT T
R
' Emergency Supply Kits
952.97
113750
8/27/2003 EMBASSY SUITES HOTEL
R
.9/5 Lodging -Dep. Ponce_& T_hom_as
119.90
113751
81271:9-003: EMECO SYSTEMS, IN_C.
R
Postage Meter Tapes
76.03
113752
i-8/27/2603 iEZ2 NETWORK INC -1
R
- 'Moorpark PD DSL Service
39.55
113753
8 /27 /2003.FEDERAL EXPRESS CORP
R _
'7103 Brand, Wolfe & Traffenstedt
55.78
113754
8/27/2003 FENCE_ FACTORY RENTALS_
R
Add Fence Polls to Spring R_ oad_ Site
4.06.08
113755
8/27/2003 FIFTH AVENUE CLEANERS-
CEO Uniform Cleaning
7.25
113756
18 /27 /2003iFLAGHOUSE -1
R
-'Sr Ctr Dumbbells &Mobile Weight Wagon
240.37
113757
8/27/2003 FORTIS BENEFITS INSURANCE
'9/03 Employee Dental &Life Premium
5,4.30.87
113758
8127 /2003 'FOSTER'S FIRE EXTINGUISHER
_R
R
,Sr Ctr Stove Inspection
95.00
113759
8/27/2003 FREEFORM P_HOT_ OGRAPHY
R
, Fall Newsletter P_ ictures_ &Photos_hop Prints
365.00
113160
-
8/27/2003 GALL'S INC
R
AWalter- Safety Boots
186.58
113761
8/2712003 !GEMPLER'S
R
Electronic tronic Measuring Wheel
163.40
113762
8/27/2003 GOLF -N -STUFF
R
8/9 Camp Moorpark Trip
680.00
113763
8/2712003 ,GOVERNMENT FINANCE OFFICE
R
,03/_04 Dues -Bo- hard,Ea & Sanquist
135.00
113164
8/27/2003. HAMNER, JEWELL & ASSOCIATES
R
La Ave @ Flory Ave & Spring- Rd_Wid_enin_g
1,647.50
113765
8/27/2003 'HAPPENINGS MAGAZINE
R
'7/03 Beach Bus Ad
142.00
113766
8/27/2003 HARRIS AND ASSOCIATES '
R
7103 GASB 34 Implementation
7,497.00
NUMBER I DATE
113768
113769
113770
113771
113772
113773 _
113774 _
113775 _
113776
113777
113778
113779
113780
113781
113782
113783_
113784_
113785
113786
113781
113788
113789
113790
113791_
113792
113793
113794
113795
_113796
113797
113796
113799
113800
113801
113802
113803
113804
113805
113806
113807
113808
113809
113810
_113811
113812
113813
113814 _
113815
_113816
113817
113818
113819_
113820-
113821
113822
113823
113824
113825 -
113826
113827
113828
113829
113830
113831
113832
113833
113834
913835
CITY OF MOORPARK
WARRANT REGISTER
FISCAL YEAR 2003 -04
CITY COUNCIL MEETING OF SEPTEMBER 03, 2003
VENDOR [STATUS
8127%2003 '_HARTNETT, JOHN
R
8/21/2003HDL, COREN & CONE, INC
R
8/27/2003 _ HILT[ _ _ -
INC
R
_ _ _
8!27/2003 i HOLMAN GROUP, TH_E
R
8/27%2003 , HOME DEPOT -GECF_
R
8/27/2003 HONAKER, LISA
R
8/2712003 HOUSE SANITARY SUPPLY i
R
8/27/2003 ICMA PRODUCT FULFILLMENT
R
8/2772003 !IMAGING PRODUCTS INTERNATIONAL
R
8/27/2003 IMAGISTICS INTERNATIONAL
R
8/27/2003 INTERNATIONAL COUNCIL OF
R
_
8/27/2003' INTERNATIONAL ENVIRONMENT
_
R
_ _ _
1 8!27/2003 i IZADSEPAS , MINA G
R
8%27/2003 J E CLARK-11 CORPORATION
R
8/27/2003'113. WHOLESALE-ROOFING-SUPPLY
'
R
/2003 _ _ _ -4
8!27 'J.C. CONSTRUCTION
R
_ _
i 8/21/2003 1JABAN& VERONICA
R
8/27/2003 JENSEN; AMY
_ _
R
8/27%2003 JOBS AVAILABLE, INC
R
8/27/2003 .'JOHNSTON, MELODY -'
R
8/27/2003 iKANE, BALLMER & BERKMAN
R
8/27/2003 , KELLY CLEANING & SUPPLIES
R
8/27/2003 ' KWIK KART READY MIX, INC.
R
1-8/27/2003-. LA JOLLA BEACH & TENNIS CLUB -
R
812 712 0 0 3 ,LAB SAFETY SUPPLY INC
130.57
8/27/2003 LAFCO
R
8/27/2003 LAWLER, MARK
R
8/27/2003 ,_LAWRENCE, KEITH
R
8/27/2003 LEXISNEXIS MATTHEW BENDER
R
_
8/27/2003 ' LITTLE TIKES COM_ ME_ RC_IAL
R
8/27/2003 M.C.G., INC.
R
8/27/2003 MAGNATAG
R
_?
8/27/2003 iMATILIJA WATER COMPANY
R_
-
8/2772003 MAYERSO_N MARKETING
R
8/27/2003 MCBRIDE, CAROLE
R
8127/2003 �MCMASTER -CARR SUPPLY
R
8/27/2003 ,METLIFE SMALL BUSINESS_
R
8%27%2003.MIK0_S, ROSEANN PH.D.
R
8/27/2003 ' MNS ENGINEERING_ . 1N_ C. i
R
_
612V2003', MOBILE MINI, INC.
R
8%2772003 1 MONSTERTRAK.COM -
R
8/27/2003 ,MOORE RECREATION & PARK EQUIP
R
8/2772003 MOORPARK BICYCLE _ _
SHOP ,
R
_
-' 8/27/2003 ' MOORPARI<BUSINESS SERVICE
R
-_' 6727/2003 1 MOORPARK UNIFIED SCHOOL DISTRICT-'
R
_'
7 8%27%2003 MOSQUITO -BORNE DISEASE
R
- _ _ _
8/27/2003 �NEVCO -
_R _
8/27/2003'NEW AVENUE INDUSTRIES, INC
R
8 /27 /200VNEWTON BUILDING MATERIALS
R
812712003'ON DUTY UNIFORMS & EQUIPMENT
R
8/27/2003 ;ON -SITE HEALTH SCREENING, 4
R
8/27/2003 ,ORIENTAL TRADING COMPANY
R
:8/27/2003 ORKIN EXTERMINATING
R
8/27/2003 ORLEANS HOTEL& CASINO
R
� 8%27%2003 'PACIFIC SWEE _ _ _ _
P
R
8/27/2003 1PIONEER OFFICE MACH_INE_S
R
8%2712003 `PONCE, DEPUTY JUAN
R_
8727/2003 POSTNET AND COMMUNICAON
TI
_
R
8%27%2003 , POTTER, DAN_ ._
R
8%27/2003 PRUDENTIAL OVERALL SUPPLY
R
8/27/2003 -PUBLIC EMPLOYEE RETIREMENT
R
8/27/2003 RADIO SHACK CORPORATION
R
8127(2003 , RALPH'S GROCERY COMPANY
R_
1.8/2 RAIVIIREZ, LINDA
R
8/27/2003 ' RAMOS, HERNIINIA
R
8/27/2003 i REGENTS UNIVERSITY OF CAL
R
_ 8/27/2003 SCE -
R
8/2712003 , SCMAF '
R
DESCRIPTION
TOTAL
NRPA School Mileage, Lodging & Meals
352.32
3rd Qtr 2003 Property Tax Re_port_ing_
1,175.00
Diamond Grinding Wheel -
- 337.84
X9 /03 Employee EAP Premium
195.00
All Parks Small Tools
432.85
Healthy Eating Class Instructor
360.00
CH &Com Ctr Supplies
492.89
icom _ Ctr & Com Svcs Publications
110.68
_Moorpark PD Digital Camera
369.10
9103 Fax Machine Rent
58.99
Parking Requirements
56.95
,226 High St Demolition
4,952.00
,Sr Fitness Instructor
1,257.80
'Tractor Fuel
i 95.25
-.Roofing Tiles Paint
101.21
-&
,AVCP East Slope 4" Drain
4,400.00
Refund - Tennis Class Cancelled
54.00
Refund -Teen Travel Camp
20.00
.7/14 &28 City Engineer Ads
470.25
�Reimb for Training Materials
225.12
_ _ _ _ _ _ _
Shea Homes Services _
88.27
7 &8103 CH,Sr Ctr,PD,PW &AVRC Cleaning
i 3,038.72
,Millard, Walnut & Westwood Sidewalk Rp_r
375.64
i9/15.17NRPA Lodging -J Harnett
460.80
Safety Supplies
130.57
Apportionment -Net Cost
4,165 00
;Refund -Camp Moorpark
106.00
�JBL Official _ _
90.00
Municipal Code Binders
2. 83.74
Glenwood Park Playground_ Equip
,Animal Control Notice
_37.40
95.00
,Moorpark PD Whiteboard
813.51
_
8/03 Ann W
ex,P,CH_,AVRC,MaintWater
237.50
_ _ _ _
Marketing Services
1_,922.50
Refund- Rental Cancelled (10_ %A_dm_in Fee)
50.00
,Parks Office Supplies
94.95
,9103 Employee STD <D Premium
22021.10
_ _ _
917 -10 LCC Annual Conference Meals
138.00
-
;Spring /Flinn Modifications
_ _ _ _ _
,7123 -8/19 AVOID Bins
_12,452.50
137.28
,Secretary 1 %II Ad
62.50
'All Parks Swings Parts
50.90
'MPK PD Bicycle Supplies
88.64
'9/03 Sr Ctr Newsletter Typesetting
_
273.49
'8103 MPK P_ D Utilities
2,200.00
,Continuing Education V_ ector Control
_
66.00
_
LED Scoreboard
6,681.26
,Parks Safety Gloves
385.81
Belfield Chalk
- MPK PD Bike Shorts
63.81
_
iSr Ctr Bone Density Testing
2_ ,000.00
Prizes &Crafts for Halloween,COuntry Days &Sa_nta_Eve_nts
523.78
7/03 CH & AVRC Pest Control
364.87
9/28 -30 BaddOw Conf Lodging -J Casillas
163.50
7 &8/03 Metro link Swee_ ping & 8/_03 St S_weepin_g
8,404.92
Xerox Printer Repair
396.38
9/5 Ca Prison Gangs Conference Meal
42.00
'CC Mtg Packef_s,Sr News_letter,B_us Passes_ &Envelopes
2,0.62.92
Softball Forfeit Pay
20.00
Com Ctr,PW,Parks,Vector Uniform_ Maintenance
412.55
19/03 Employee Medical Premium
34,563.42
.Computer Supplies
14.97
Camp MPK, CC Mtg Supplies & A Walter 15th_ Anniversary
93.08
Refund Cancelled Rental (10 %Admin Fee)
90.00
Refund Parks Security Deposit-
75.00
' Info Technology Class -S Valdez
245.00
,8/03 Previously Not Billed-Payment
1,551.79
__ _
Adult Team Registration
360.00
CITY OF MOORPARK
WARRANT REGISTER
FISCAL YEAR 2003 -04
CITY COUNCIL MEETING OF SEPTEMBER 03, 2003
CHECK
NUMBER
DATE
VENDOR
STATUS
DESCRIPTION
TOTAL
113836
812712003 SCRUGUIN, LAURA
R
Refund-Camp Moorpark
94.00
113837
i 8 /27 /2003_7SECURITY ALA_ RM_SE_RVI_CE
R
Alarm Battery Replaced
20.04
113838
8/27/2003 -SEGAL, JULIE
'SIGNAL
R
jRefu_nd- Tennis Class Cancelled
41.00
113839 -
8/27%2003 MAINTENANCE
R
7/03 Intersection Maint &Spring Rd/TR Rd/Mtn M_dws_Maint
1_,679.78
113840
8/27/2003 SIMI VALLEY ADULT SCHOOL
i - R
Business /Computer Tests -20 Applicants
500.00
113841
8%27%2003 'S1M1 VALLEY ROOFING
R
'Mtn Meadows Park Roof Supplies
21.45
113842
8)27%2003 SMART & FINAL
R 'Camp
MPK & Sr Ctr Supplies
338.10
113843
8/21/2003 -SOUTHERN CA WASTE MANAGEMENT
R
103/04 Membership Dues
25.00
113844
8/27 /2003 SOUTHERN CALIFOR_NIA_EDISON_
R
_ _
Flinn /Spring Modifications
1 4,926.60
113845
8 /27 /2003'STEPHANIE A SHAW
R
' Reimb Camp Moorpark Trip Expense
482.31
113846
8/27/2003 'SUNRIDGE LANDSCAPE MAINT_EN_AN_CE
R
8/03 City Landscape Maintenance
45,304.00
113847
8%27/2003 'TERRA FIRMA ENTERPRISES
R
Emergency Response
2,720.00
113848
8127!2003 jTHE GAS COMPANY
R
_ _
7/03_ AV_ RC, PW BIdg,Com Facility Gas
115.03
113849
_
8/27/2003 THOMAS, DEPUTY ROBERT
R
-
X9/5 Ca Prison Gangs Conference Meal
42.00
113850
8/270003-:THOUSAND OAKS CAB CO_MPA_ NY_
_
R
7/03 Taxi Services -10 Trips
58.51
113851
_
. 8%27/2003 'U S. TOY COMPANY, INC
R
!Prizes for Halloween Event
333.82
113852
8%27/2003 'UCSB ECONOMIC FORECAST-PROJECT-
R
�Economic Forecast Sponsor
1,500.00
_
113853
8/27%2003 1ULLMAN, MARK
R
,Refund -Teen Travel Camp
1 70.00
113854
8/27%2003 UNIVERSAL REPROGRAPHICS -
R
Spring Rd Widening, Zoning Map & M_isc P_ rinting
29.38
113855 _
8127!2003 VAVF2INEK, TRINE, DAY & CO
R
7103 GASB 34 Implementation
1,375.00
113856
8%27%2003 'VENCO WESTERN, I_NC._
R
.8/03 Landscape Services
3,891.91
113857
8127/2003 iVENTURA COUNTY
R -
'8%03 Vector Control Lease
j 3.52.72
_
113858
8%27/2003 VENTURA COUNTY MANAGEMENT
1 R
9%3 How to Succeed Conference -N Burns
50.00
113859
812712003- VENT0RA COUNTY TRANSPORTATION_
R
03104 Vista Local Match
19,274.00
113860_
8/21/2003 i VENTURA_ COUNTY WATERWORKS
'6/10 -8/6 City Water
33_,272.00
113861
8/2772003 -VILLAGE VIEW LIGHTING, INC
_R
R
ICom Ctr & AV Parks & Metrolink Station Lights
933.11
113862
8/27%2003 VULCAN MATERIALS CO VENTURA
R
_ _
,Sidewalk at Catholic Charities_ Office
_
231.75
113863
8%27/2003 *WHITAKER HARDWARE_, INC
R
Parks Maintenance Supplies
34.62
113864
8/27/2003 WHITEHEAD, ANDREA
R
Refund -Smart Art Class
40.00
113865
' 8/27/2003 'WOLCO
R _'Toshiba
_
E Studio 35 Copies
6,060.70
_
113866
_
1 8/27/2003 IWWCO-T
R
_
7103 PD Svcs Ctr - Archit_ectu_ral Services
2_,373.50
113861
8/27/2003 YOUTH SPORTS PHOTOGRAPHY
R -'JBL
Summer_Pictu_res
540.54
113868
8/272003 'ZEE MEDICAL SERVICE_ CO_ .
_
R
, First Aid Supplies
32.87
_
113869
` 8%27/2003 `ZIMMERMAN, CHERI
R
'RefuncfT_ ennis Class Cancelled
�5
27.00
113870
F 8127 /2003iZUMAR INDUSTRIES, INC.
- R
Street Name Signs
138.36
TOTAL REPORT - - - - - -
- - - - - - - - -
. 349,724.33
MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 1 0 - C.
TO: The Honorable City Council
FROM: Mary K. Lindley, Director of Community ServicesC)'c
DATE: August 21, 2003 (City Council Meeting of 9/3/03)
SUBJECT: Consider Budget Amendment for the Purchase of the
Property at 296 Charles Avenue
DISCUSSION
The City has reached agreement with Benjamin Duarte for the
cost of the property at 296 Charles Avenue which the City
is acquiring through Eminent Domain. The property is being
purchased to construct a small neighborhood park.
The price agreed upon between the City and Mr. Duarte is
$115,000, inclusive of relocation costs for personal
property. The City Council is being asked to appropriate
funds to complete the purchase. Since the City will be
constructing a park on the property, the Park Improvement
Fund - Central Zone (2111) is an eligible funding source.
The Central Zone has an available balance of approximately
$146,000. In addition to the purchase price, staff is
requesting $12,000 for any purchase and closing fees
associated with the property, including attorney and
appraisal costs.
Staff will return to City Council in the near future with a
proposal for an appropriation of funds needed for the
design and construction of the park site.
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2003 - amending the FY 2003/04
budget by appropriating $127,000 from the Central Zone of
the Park Improvement Fund (2111).
M:\MLind1cy\PARKS \Char1es Ave Park Purchase ccagd.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, AMENDING
THE FY 2003/04 BUDGET FOR THE PURCHASE
OF 296 CHARLES AVENUE TO CONSTRUCT A
PARK BY APPROPRIATING $127,000 FROM THE
PARK IMPROVEMENT FUND, CENTRAL ZONE
(2111), TO THE PARK IMPROVEMENT CAPITAL
EXPENDITURE BUDGET
WHEREAS, on June 18, 2003, the City Council adopted
the FY 2003/04 Budget; and
WHEREAS, on September 3, 2003, staff presented the
Council with a report which requests the appropriation of
$127,000 from the Park Improvement Fund, Central Zone, for
the acquisition of park property; and
WHEREAS, Exhibit "A" hereof describes said budget
amendment and its resultant impacts to the budget line
items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment to allocate $127,000
from the Park Improvement Fund, Zone 2, and appropriate the
same for playground improvements, as more particularly
described in Exhibit "A" attached hereto is hereby
approved.
SECTION 2. The City Clerk shall certify to the
adoption of the resolution and shall cause a certified
resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 3rd day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
M: \MLindley \PARKS \Charles Ave Park Purchase ccagd.doc �r r ~ ►"�
Attachment A
Resolution No. 2003-
EXHIBIT A
Budget Revision
A. Fund Allocation:
Fund No.
Fund Name
Amount
2111
Park Improvement Fund, Central Zone
$127,000
$127,000
$127,000
B. Budget Appropriation:
BUDGET NUMBER
BUDGETED
REVISION
NEW BUDGET
2111.7800.7025.9610
$0
$127,000
$127,000
Approved to Form: rj)b
M:\MLindley\PARKS \Charles Ave Park Purchase ccagd.doc'
ITEM 1 0 • 731
�6V
Moorpark City Counci'```"
AGENDA REPORT
TO: The Honorable City Council
FROM: John Brand, Senior Management Analyst 1�
DATE: August 21, 2003 (CC meeting of September 3, 2003)
SUBJECT: Consider Approval of Plans and Specifications for the
Procurement and Installation of Transit Bus Shelters
DISCUSSION
The City Council is being asked to approve plans and specifications
for the procurement and installation of Transit Bus Shelters. The
project manual of plans and specifications is designed to meet all
state and federal requirements so that the City has greater
flexibility to use various funding sources that may become
available.
As Council may recall, the City was notified that the VCTC (Ventura
County Transportation Commission) had CMAQ (Congestion
Management /Air Quality) grant funding available for bus shelters
about two years ago. Federal CMAQ will pay for 88.50 of an approved
project. The City Transportation and Streets Committee (Council
Members Millhouse and Mikos at that time) went through a design
review process. The Committee selected a simple yet versatile
design featuring a charcoal grey frame with perforated metal sides,
a matching bench, and a mission clay simulated tile roof. On March
5, 2003, the Council approved the selected design and authorized
staff to develop the plans and specifications. An elevation view of
the shelter is attached. Also attached are the shelter sites. The
complete project manual plans and specifications were provided to
the Council under separate cover.
While this specific bid authorization is for the eight shelters
previously approved by Council, the proposers will submit a firm
price for up to eighteen months should the Council decide to
purchase and install additional shelters during that time. There is
no commitment on the part of the City to purchase any additional
shelters. However, if the Council so authorizes, it would possible
Bus Shelter Plans & Specs
CC Meeting of September 3, 2003
Page 2
to do so without repeating the bidding process. If approved, the
bid proposals would be due September 24, 2003.
STAFF RECONMNDATION
Approve the plans and specifications for the procurement and
installation of transit bus shelters, and authorize staff to
proceed with the bid process for this project.
l N
I
m
U
0
f;
i
Note:
Entire 5trticture Paintad
To Match Matthews Paint
12'-8 11 Outside MP 00555 Brown.
Semi- Gloss Finish. T Outside
21" 4 2"
0' -2 12' -4 " Inside ' 0' -2 " 1 "xt "x 1/16" Thick Alum. 5q Inside
4'
Tube Molding, Welded With
Flat Head 5elf -Tapping in — ,
2' -D , 8' -4 Ridge 2 -0 ` �.-- pp g 8112 i _ . 3� "3_ .._ _ 812,E
Roof -- 1X 50 Center To Center
Pitch 2 7x 1/4 "x 1/16" Thick Alum. ` of Columns
' CL Center of Roof I // i �'! Extruded Cap At Bottom. !� CL
_. _ ._ .- f
_.,. _ m - : -.1 i 090 Alum. Roof Cover W/ y I =
N 2
I�
.060 Thick x 1/4" Dia. Holes, 3/8"
5taggered Centers Perforated
Metal Screen, Riveted To Outside
Of 5c. Tube Frame.
Front Elevation
5cale:1 /2 " =1' -0"
-__ Flanges ( All 4 Sides
2" High White Opaque Vinyl
5trect Name ( Exact Name
f TI50 ). Font: 5wies 721 BLK BT
i
2 7x4 "x 1 18" Aluminum Rect.
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MOORPARK CITY COUNCIL
AGENDA REPORT
ITEM
TO: The Honorable City Council (\
FROM: John Hartnett, Recreation Manager `l��
Peggy Rothschild, Senior Center Coordinatoriir
DATE: August 22, 2003 (CC Meeting of September 3, 2003)
SUBJECT: Consider Adoption of Resolution Amending the FY 03/04
Budget by Appropriating OAA Grant Funds for Disease
Prevention and Health Promotion Services at Senior
Centers
SUMMARY
The City has been awarded $5,000 in Older Americans Act (OAA)
Title III -D grant funds from the Ventura County Area Agency on
Aging (VCAAA) for Disease Prevention and Health Promotion
Services. The City Council is being asked to adopt the attached
Resolution, amending the FY 03/04 budget to formally appropriate
an additional $5,000 in funds.
DISCUSSION
As you will recall, at the August 20, 2003 City Council meeting,
the Council authorized the City to apply for OAA grant funds
from VCAAA for Disease Prevention and Health Promotion Services
at the Moorpark Active Adult Center. The grant money will be
used to provide one -on -one nutrition counseling by a registered
dietitian and provide nutrition education materials to adults
age 60 and over.
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2003-
Attachment: A- Resolution
Honorable City Council
September 3, 2003
Page 2
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL
MOORPARK, CALIFORNIA, AMENDING
BUDGET BY APPROPRIATING $5,000
ACT TITLE III -D GRANT FUNDS
ADULT CENTER DIVISION BUDGET
DISEASE PREVENTION AND HE
SERVICES
ATTACHMENT A
OF THE CITY OF
THE FY 2003/04
OLDER AMERICANS
TO THE ACTIVE
(1000.7610) FOR
ALTH PROMOTION
WHEREAS, on June 18, 2003, the City Council adopted the
budget for Fiscal Year 2003/04; and
WHEREAS, a staff report has been presented to said Council
requesting a budget amendment appropriating $5,000 in Older
Americans Act (OAA) Title III -D grant funds for Disease
Prevention and Health Promotion at Senior Centers; and
WHEREAS, Exhibit "A" hereof describes said budget amendment
and its resultant impacts to the budget line item(s).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment appropriating
expenditures and revenue in the amount of $5,000 in OAA grant
funds as more particularly described in Exhibit "A" attached
hereto is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption
of the resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Honorable City Council
September 3, 2003
Page 3
Resolution No. 2003-
EXHIBIT A
Budget Revision
A. Fund Allocation:
Fund No.
Fund Name
Amount
1000.5500
General Fund - OAA Grant
$5,000
$4,880
$31,600
1000.7610.0000.9205
B. Budget Appropriation:
BUDGET NUMBER
BUDGETED
REVISION
NEW BUDGET
1000.761C.0000.9102
$26,720
$4,880
$31,600
1000.7610.0000.9205
$ 9,380
$ 120
$ 9,500
1000.3600
$40,300
$5,000
$45,300
Approved to Form:
TO:
FROM:
DATE:
SUBJECT:
ITEM l o - F
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MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Deborah S. Traffenstedt, ATCM /City Clerk �.- i
August 22, 2003 (CC Meeting of 9/3/03)
BACKGROUND
Consider Rejection of Claim: Jose L. Jaurequi
On August 15, 2003, the City received the above referenced claim
for damages. The claim was forwarded to the City's claims adjuster
for review.
DISCUSSION
The claim was submitted for injuries suffered by Jose L. Jaurequi,
a minor, on February 23, 2003. The claim generally describes the
injuries as occurring when Jose L. Jaurequi attempted to jump a
pile of wood chips at Villa Campesina Park, with his bicycle, and
then fell, face first, onto a wood railing located near the area.
The total amount claimed is $228,000. The City's claims adjuster
has reviewed the claim and has recommended that a standard
rejection letter be sent to the claimant.
STAFF RECOMMENDATION
Reject the claim and direct staff to send a standard rejection
letter to the claimant.
�J
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
i
FROM: Richard A. Diaz, Captai v
DATE: August 26, 2003 (CC Meeting of 9/3/03)
ITEM.— 1 o . Go
y.
SUBJECT: Consider Replacement of the Kawasaki Motorcycle with a
Harley - Davidson Motorcycle and Allocate $19,988.45
from the Fiscal Year 2003/04 Budget Equipment
Replacement Fund for the Purchase of a Harley -
Davidson Motorcycle.
SUMMARY
The purpose of this report is to request the purchase of a
Harley - Davidson Police Motorcycle to replace the remaining
Kawasaki motorcycle. This purchase would enable the police
department to replace an aging motorcycle and over a three -year
period, to evaluate, which motorcycle would be the most cost
beneficial and efficient for traffic enforcement use within the
City of Moorpark; the BMW purchased in Roseville, California, or
the Harley - Davidson purchased locally within the City of
Moorpark. Your Council had previously approved $22,875.67 in
the Fiscal Year 2003/04 Budget for replacement of the remaining
Kawasaki motorcycle now used by the police department.
DISCUSSION
The Police Department currently has two motorcycles for traffic
enforcement use, the recently purchased BMW Model R1150RT -P /CHP
Version Motorcycle and the older Kawasaki KZ 1000 -P Police
Motorcycle. Your Council had previously approved $22,875.67 in
the Fiscal Year 2003/04 Budget for replacement of the remaining
Kawasaki motorcycle and the Kawasaki is now ready for
replacement.
There are three motorcycle manufacturers producing police
motorcycle packages for sale in the United States: BMW, Harley -
Honorable City Council
February 5, 2003 Regular Meeting
Page 2
Davidson and Kawasaki. The BMW and the Harley - Davidson have
the best trade in value, but are more expensive at the initial
purchase than the Kawasaki. The Kawasaki has almost no trade -in
or auction value. The BMW and Kawasaki are purchased out of the
area through the State bidding system and only the Harley -
Davidson can be purchased locally and in the City of Moorpark.
After many years of not catering to California law enforcement
agencies, Harley - Davidson attempted to reenter the law
enforcement market in the mid 1980's with an incentive program
intended to attract those agencies. As a result, many law
enforcement agencies, including the City of Moorpark, began
utilizing the Harley - Davidson motorcycle for their traffic
enforcement use. Unfortunately though, the Harley - Davidson
traffic enforcement motorcycle did not stand up well to the
rigors of traffic enforcement within a suburban environment and
maintenance problems plagued Harley - Davidson.
A Harley - Davidson Dealership is now open in the City of
Moorpark and its owners have made serious efforts to become a
part of this community. One of those efforts in offering a
"Harley - Davidson Police Package Motorcycle" to the Moorpark
Police Department that would be enticing enough to encourage the
police department to consider purchasing and then servicing a
Harley - Davidson motorcycle for use within the City of
Moorpark.
Mr. Paul Pecoraro, General Manager of the Harley - Davidson
Dealership in Moorpark has indicated that although the market
for the police model in California has fallen off and is
dominated by BMW and Kawasaki, Harley - Davidson is still very
much interested in delivering a reliable Harley - Davidson
police motorcycle for use in California at a competitive market
price.
There are some differences in the Harley - Davidson Program from
the BMW program and those differences are what made the BMW more
attractive over any other motorcycle when the current BMW was
purchased:
1. BMW Buyback Program: BMW has a guaranteed "buy back"
program of $10,416.44 toward the purchase of another BMW
motorcycle within the three -year, 60,000 -mile warranty
period.
• Although Harley - Davidson does not have a guaranteed
"buy- back" program their historical data shows that
Honorable City Council
February 5, 2003 Regular Meeting
Page 3
the trade -in value for another Harley - Davidson
police motorcycle would be approximately $11,000 in
today's market. This of course is subject to what the
market would be in three years from a purchase made
now. Mr. Pecoraro indicates that Harley - Davidson's
100 years of history would prove out his statement.
If the police department elected not to repurchase a
Harley - Davidson at the end of the three -year period
then the dealership could buy back the motorcycle at
some price near the trade -in value of $11,000. He
said there is a huge demand for used Harley - Davidson
motorcycles, specifically the "Police Package ".
2. Manufacturer's Warrantee: BMW has a three -year, 60,000 -
mile factory warrantee while Harley - Davidson has a one -
year, unlimited miles warrantee.
• Harley - Davidson offers the purchase of an Extended
Service Plan at a cost of approximately $749 (this is
the Harley - Davidson Dealership's discounted quote
and could be purchased up to 90 days after the initial
delivery of a motorcycle). This would be an option
the City may want to consider.
3. Previous Maintenance Problems: Harley - Davidson has
produced a police version motorcycle since 1908 and is used
by law enforcement agencies worldwide. Mr. Pecoraro
indicates that the Harley - Davidson Police Package is much
improved over recent models. He indicates many police
agencies, outside of California, and there is a growing
number within California, use the Harley - Davidson
motorcycle.
• Within California some of those agencies are: the
Sacramento Police Department, San Francisco Police
Department, San Bernardino Police Department, Palm
Springs Police Department, Riverside Police
Department, Concord Police Department, Oakland Police
Department and the Santa Barbara Sheriff's Department
that currently use the Harley - Davidson. There are
no police agencies within Ventura County that use the
Harley - Davidson.
Honorable City Council
February 5, 2003 Regular Meeting
Page 4
Service and Repair
The Harley - Davidson motorcycles would be serviced locally at
the Harley - Davidson Dealership in Moorpark. This location has
agreed to give the City of Moorpark motorcycle priority when
service or repairs are required. As a result, most of the
service work would be completed in a short period of time,
allowing the motor officers to return to work on the motorcycle
after a minimum delay.
There are no local Authorized BMW Dealers in Ventura County, but
one is soon to be located in Thousand Oaks. The nearest
authorized dealership to the City of Moorpark for warranty
service is BMW Motorcycles Authorized, in North Hollywood.
MOTORCYCLE COST COMPARISON
There are several points to be considered when comparing the
initial first time costs of the 2004 BMW Model R1150RT -P /CHP
Version Motorcycle with the 2004 Harley - Davidson FLHTPI
Electra Glide Police Motorcycle, including initial cost,
frequency of maintenance required, cost of maintenance, trade -in
value after three years, and availability of local service:
Purchase Price (incl. /tax /fees)
Emergency Lights /Installation
Extended Service Warrantee
Misc. Equip.
Install communication pkg.
Total
*Routine Service (parts and labor)
Total Estimated Cost
Buy Back Price After 3yrs /60K mi.
BMW
$16,042.23
$2,282.65
$0
$666.25
$850
$19,841.13
$3,200
$23,041.13
10,416.44
Total Repurchase Price After 3yrs. $9,424.69
Harley - Davidson
$14,995
$3,394.45
$749
N/A
$850
$19,988.45
$3,422
$23,410.45
$11,000
$8,988.45
*Routine service is not covered under warranty for either the
BMW, or Harley - Davidson.
v. p,- 'I
Honorable City Council
February 5, 2003 Regular Meeting
Page 5
LEASE OPTIONS (Not Recommended)
BMW does not offer a commercial lease option.
Harley - Davidson Finance offers two commercial lease options:
• Without emergency equipment $238.01 a month for 36
months. Residual at end of lease of $9,000. ($555.27
due on delivery includes first month lease.)
• With emergency equipment $340.77 a month for 36
months. Residual at end of lease of $9,000. ($665.38
due on delivery includes first month lease. The
police department would not own emergency equipment at
end of lease.)
CONCLUSIONS
When initial cost, trade -in /guaranteed buy -back program,
efficiency of motorcycle, and safety are considered, the BMW and
Harley - Davidson appear to be nearly equal. The Harley -
Davidson, however, would be purchased and serviced within the
City of Moorpark. Service of the motorcycle in Moorpark offers
two advantages; less lost time for maintenance/ service due to
reduced travel, which would result in more officer time on the
motorcycle than in a car. If the Harley - Davidson Motorcycle
performs efficiently, it would also be expected that other East
County law enforcement agencies would evaluate purchasing Harley
- Davidson Motorcycles and additional sales tax dollars could be
generated for the City of Moorpark.
It is recommended that your Council accept this report and
approve the replacement purchase of one 2004 Harley - Davidson
FLHTPI Electra Glide Police Motorcycle at a total initial cost
of $19,988.45 to replace an aging Kawasaki motorcycle ( #9955
with approximately 30,000 miles). Both the Harley - Davidson and
the BMW will be evaluated over the following three -years to
determine the most cost effective and efficient motorcycle for
the Moorpark Police Department for traffic enforcement use.
Honorable City Council
February 5, 2003 Regular Meeting
Page 6
STAFF RECOHMNDATION
1. Approve the purchase of one 2004 Harley - Davidson FLHTPI
Electra Glide Police Motorcycle at a cost of $19,988.45
from the Fiscal Year 2003/04 Budget Equipment Replacement
Fund.
ITEM I o. 4 .
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Director
Prepared By: David A. Bobardt, Planning Ma g r'23
DATE: August 21, 2003 (CC Meeting of 09/03/2003)
SUBJECT: Consider the City of Moorpark General Plan Annual
Report Including the Housing Element Progress Report —
September 2002 to August 2003
BACKGROUND
Government Code Section 65400(b) requires the planning agency of
each local government to provide an annual report to the
legislative body on the status of the General Plan and progress
in its implementation. Also included in the annual report is
information about progress in meeting the community's share of
regional housing needs with information concerning City efforts
to remove local governmental_ constraints to the maintenance,
improvement, and development of housing. This annual report must
be provided to the legislative body, the Governor's Office of
Planning and Research, and the Department of Housing and
Community Development on or before October 1st of each year. The
following information is provided in compliance with the above
Government Code provisions.
DISCUSSION
STATUS OF GENERAL PLAN AND IMPLEMENTATION PROGRESS
Land Use Element
A comprehensive update to the Land Use Element was adopted in
May 1992. A number of substantial amendments have been made to
this element since this time. These include the conversion of
about 1,000 acres of rural residential designated land to higher
residential densities and open space, the adoption or
substantial amendment of three (3) Specific Plans (Carlsberg,
Downtown, and Moorpark Highlands), and the approval of a voter-
Honorable City Council
September 3, 2003
Page 2
initiated City Urban Restriction Boundary (CURB). The Community
Development Department has projected a comprehensive update to
this element, along with the Circulation Element, to begin in
the later portion of Fiscal Year 2003 -2004.
Approved Amendments to the Land Use Element - September 2002 to
August 2003
■ General Plan Amendment No. 2002 -03 Approved by City
Council Resolution No. 2.002 -2002 (9/18/2002) - City
Council approved a request from Toll Brothers for minor
amendments to the Land Use Element Map for Tract 4928 to
ensure that the land use designations followed property
lines. In addition, a clarification to a Land Use
Element was adopted to indicate that ornamental orchards
were not considered agricultural uses for the purposes of
maintaining a proper setback of residences from
agricultural land.
■ General Plan Amendment No. 2003 -01 Approved by City
Council Resolution No. 2003 -2110 (8/21/2003) - Tentative
Tract Map No. 5187, approved for two - hundred -fifty (250)
houses west of Walnut Canyon Road and south of
Championship Drive, included a condition for the
provision of twenty (20) affordable housing units plus
additional in -lieu fees to be used by the City for low
and very -low income housing. This General Plan Amendment
application changed the Land Use Element Map to convert
approximately three (3) acres of land currently planned
for Rural Low and Open Space uses to High Density
Residential uses, to allow for the construction of
seventeen (17) of the twenty (20) required affordable
units on land immediately adjacent to Tentative Tract Map
No. 5187. In accord with the development agreement for
Tentative Tract Map No. 5187, fees will be collected by
the City for the required affordable units that will not
be built by the applicant.
Proposed Amendments to the Land Use Element Currently in Process
■ General Plan Amendment Case No. 98 -01 - SunCal Companies
has requested a modification to the Land Use Element Map
and text to change the planned use for Specific Plan No.
10 area, east of Walnut Canyon Road and north of Wicks
Road, and to delete reference to Specific Plan No. 10
from the element. The Land Use Element Map currently
permits up to one- hundred - fifty -four (154) housing units
under a Specific Plan with a Rural Low Density
S : \Corimunit:y Development \G ? Elements \Arrnua_ Report \GP 2003 Repor -,doc
Honorable City Council
September 3, 2003
Page 3
Residential overlay that permits one (1) dwelling unit
per each five (5) acres without a Specific Plan. The
proposal is to convert the planned use of this land to
Medium -Low Density Residential uses (two (2) dwelling
units per acre) to accommodate one- hundred -ten (110)
single - family homes on approximately seventy -two (72)
acres. This project has completed environmental review
and Planning Commission review. Action by the City
Council on this project is expected later this year.
■ General Plan Amendment Case No. 2001 -05 - The North Park
Village project proposes 1,500 market rate housing units
and one - hundred -fifty (150) affordable units on 3,547
acres currently outside the City of Moorpark municipal
boundaries. it would require amendments to the Land Use,
Circulation, Open Space, Conservation, and Recreation,
Safety, and Housing Elements of the General Plan since it
includes land proposed to be annexed to the City as a
Specific Plan area. it also proposes an extension of the
City's Urban Restriction Boundary in the Land Use
Element, which requires voter approval. The land is
presently in the unincorporated County of Ventura, and is
designated for open space uses. A Draft Environmental
Impact Report has recently been released for public
review for this project.
■ General Plan Amendment Case No. 2003 -02 - Shea Homes has
requested an amendment to the Land Use Element Map on
approximately fifteen (15) acres of land south of Los
Angeles Avenue and west of Spring Road. The proposal is
to convert the land currently planned for General
Commercial uses to Very High Density Residential to allow
for the development of approximately ninety -six (96)
units of duplex -style housing. This project is currently
being redesigned by the applicant.
Pre - Screening Applications for Land Use Element Amendments
City Council Resolution No. 99 -1578 requires pre- screening of
all requests for General Plan Amendments, based on adopted
criteria, to evaluate those requests that the City should accept
as a formal General Plan Amendment application at a later date.
The General Plan pre- screening process establishes certain time
periods for application and consideration. The application and
procedures have been streamlined and clarified to provide more
in -depth analysis of potential projects and allow the
S: \Coirmu -d*,y Devc11opm-_nt \G P F•_ err ent5 \Annual Report \GP 2003 Iteport.doc
tr .. J r.� e.• nes
Honorable City Council
September 3, 2003
Page 4
prioritization of applications that support City goals and
policies relating to its Housing and Land Use Elements.
Seven (7) applications are under consideration at this time:
• PS 2000 -02 - This is a request from Dr. DeeWayne Jones to
increase planned residential density on 41 -acres at the
north end of the City, east of Walnut Canyon Road. The
request is to change the planned density from Rural Low
Density Residential (one (1) unit per five (5) acres) to
Rural High Density Residential (one (1) unit per one (1)
acre) to allow twenty -one (21) housing units. The project
has been reviewed by the Affordable Housing and Community
Development Committee and will be scheduled for Council
consideration in the near future.
• PS 2001 -02 - This is a request from Grand Moorpark LLC to
redesignate four (4) acres along Los Angeles Avenue from
General Commercial to Very -High Density Residential
(fifteen (15) units per acre) to permit the construction
of sixty -six (66) townhouses on the site. Action on this
application is on hold pending a study of the future
demand for commercial land.
• PS 2001 -03 - This is a request from Mohammad Sheshebor
and Ahmed Gharabaghi to redesignate 4.8 acres along Los
Angeles Avenue from Rural High Density Residential (one
(1) unit per acre) to Medium Industrial to permit the
construction of a recreational vehicle storage facility.
Although allowed to proceed for processing as part of a
Specific Plan that encompasses a much larger area, action
on this application is on hold pending the potential sale
of this property and withdrawal of the application.
• PS 2002 -02 - This is a request from Wayne Colmer to
redesignate land currently in the Specific Plan No. 9
area, south of Casey Road and west of Walnut Canyon Road,
to allow greater density. The applicant is currently
redesigning plans. Estimated area of the site and
proposed density are not yet known.
• PS 2003 -01 - This is a request from Centex Homes to
redesignate forty -eight (48) acres north of Casey Road
and west of Walnut Canyon Road, from Rural Low Density
Residential (one (1) unit per five (5) acres) to Medium
Density Residential (four (4) units per acre) to permit
the construction of one - hundred - seventeen (117) houses on
the site. The project has been reviewed by the
S: \Commurd' y Development \G P E erc.ents \Annual _tenor` \GP 2003 Report.doc
Honorable City Council
September 3, 2003
Page 5
Affordable Housing and Community Development Committee
and will be scheduled for Council consideration in the
near future.
■ PS 2003 -02 - This is a request from Toll Brothers to
redesignate twenty -three and one -half (23.5) acres north
of Championship Drive and west of Walnut Canyon Road,
from Rural Low Density Residential (one (1) unit per five
(5) acres) to Medium -Low Density Residential (two (2)
units per acre), to permit the construction of twenty -
eight (28) houses on the site. The City Council has
waived the pre - screening process for this project and has
allowed the filing of a General Plan Amendment
application.
■ PS 2003 -03 - This is a request from Toll Brothers to
redesignate forty (40) acres north of Championship Drive
and east of Grimes Canyon Road from Rural Low Density
Residential (one (1) unit per five (5) acres) and Open
Space to Medium -Low Density Residential (two (2) units
per acre) and Open Space to permit the construction of
fifty -five (55) houses on the site. The City Council has
waived the pre- screening process for this project and has
allowed the filing of a General Plan Amendment
application.
Circulation Element
An updated General Plan Circulation Element was adopted in May
1992. Further analysis of circulation system alternatives
continued in 1999 with the approval of Specific Plan No. 2. The
adoption of Specific Plan No. 2 included a circulation system
amendment to allow for the construction of an extension of
Spring Road, to function as a connecting arterial between Los
Angeles Avenue and Walnut Canyon Road, through the central
portion of the City establishing an additional north /south
corridor. Specific Plan No. 2 also includes right -of -way
reservations for the SR -23 and SR -118 arterials across the
project site.
The city -wide equestrian and bicycle trails were expanded by the
adoption of a Class 1 and Class 2 bicycle trail within Specific
Plan No. 2, and addition of a segment of the city -wide and
regional connection of equestrian trails to serve the northern
portion of the community. Modification No. 2 to Tract 4928
(Toll Brothers), approved in 1999, included an alignment
alteration to provide an expanded "C" Street (now Championship
S: \Ccnmsnity Deve opnen'. \G P tlerr.errts \Annual Report \CP 2003 Reoort..doc �I
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Honorable City Council
September 3, 2003
Page 6
Drive) right -of -way which includes an equestrian /multi -use trail
alignment.
Measure "S ", adopted by the voters of the City of Moorpark in
January 1999, restricted the future eastern extension of
Broadway to serve circulation needs of potential agricultural,
open space, or recreational uses in the portion of the planning
area northeast of the City limits.
The City is presently undertaking two (2) projects to widen Los
Angeles Avenue: one between Spring Road and Moorpark Avenue, and
the other between Beltramo Ranch Road and a point east of
Maureen Lane. The widening will provide six (6) lanes of
traffic as called for in the Circulation Element.
In addition, the City is currently studying potential future
alignments and appropriate improvements for the SR -23 Bypass and
SR -118 Bypass currently included on the Highway Network map in
the Circulation Element.
Approved Amendments to the Circulation Element - September 2002
to August 2003
None.
Proposed Amendments to the Circulation Element Currently in
Process
■ General Plan Amendment Case No. 2001 -05 - As noted above
in the Land Use Element section, the North Park Village
Specific Plan is seeking an amendment to the Highway
Network and Bikeway Element maps in the Circulation
Element. Of significance are the proposed addition of a
freeway interchange and arterial to serve the Specific
Plan site and the proposed deletion of the eastern
extension of Broadway as a rural collector.
■ General Plan Amendment Case No. 2003 -03 - This proposed
amendment to the Highway Network map would add "A" Street
from Tentative Tract Map No. 5187 to the Highway Network
as a rural collector and add a westerly extension of High
Street to the Highway Network as a local collector. This
proposed amendment includes an application by William
Lyon Homes for "A" Street and the City of Moorpark for
High Street. This application has been reviewed by the
Planning Commission and is scheduled for City Council
review in September 2003.
Pre - Screening Applications for Circulation Element Amendments
None.
S: \Corn_inity Development \G P ElemenLs \Annua]. Report \GP 2N3 Report — doc
Honorable City Council_
September 3, 2003
Page 7
Noise Element
The Noise Element was amended in
prepared the element. Hearings
with adoption in March 1998.
Implementation Measure No. 2 i
required an update of the Noise
land use and circulation plans.
adopted.
1998. Mestre -Greve consultants
were conducted in late 1.997,
The 1998 update satisfied
n the Land Use Element that
Element to reflect the City's
A Noise Ordinance was also
Approved Amendments to the Noise Element - September 2002 to
August 2003
None.
Proposed Amendments to the Noise Element Currently in Process
None.
Pre - Screening Applications for Noise Element Amendments
None.
Open Space, Conservation, and Recreation (OSCAR) Element
The OSCAR is a combined element, meeting State mandates for an
Open Space Element and Conservation Element, and providing an
optional Recreation Element. The City adopted the OSCAR Element
in August 1986. Implementation Measure No. 2 in the Land Use
Element requires an update of the OSCAR Element to ensure
consistency of open space and park designations and policies
with the Land Use Element.
In 1996, the City Council approved a contract with a consultant
to prepare an updated OSCAR Element. A final draft was prepared
and received staff review and was anticipated to go to public
hearing late in 1999. However, due to the adoption of a Voter
Initiative Measure "S ", several areas of the OSCAR have required
revision. The Planning Commission and Parks and Recreation
Commission held a joint workshop on the draft element in May
2000. The Parks and Recreation Commission gave further review to
the document in July 2000. The rewritten element was discussed
at public workshops before the Planning Commission in June and
August 2001. Hearings were held by the Planning Commission in
September 2001. In October 2001, the City Council considered
the draft element and referred it to an ad -hoc committee for
further study. The element is presently being redrafted by
staff, and will follow a decision on the North Park Specific
Plan project in order to include this project in the element, if
necessary.
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Honorable City Council
September 3, 2003
Page 8
Approved Amendments to the Open Space, Conservation, and
Recreation Element - September 2002 to August 2003
None.
Proposed Amendments to the Open Space, Conservation, and
Recreation Element Currently in Process
General Plan Amendment Case No. 2001 -05 - As noted above in
the Land Use Element section, the North Park Village
Specific Plan is seeking an amendment to the various maps
of open space and parks in the Open Space, Conservation,
and Recreation Element. Of significance are the proposed
additions of a 30 -acre public park and a 2,121 -acre nature
preserve.
Pre - Screening Applications for Open Space, Conservation, and
Recreation Element Amendments
None.
Safety Element
The Safety Element was approved in April 2001. This update
includes information and environmental studies related to the
West Simi Valley Alquist - Priolo Zone. The adopted Safety Element
includes the most recent information on earthquake faults,
including identification of active faults and policies on
setbacks and development constraints. Also, current information
on flooding and drainage improvement needs is included in the
updated element.
Approved Amendments to the Safety Element - September 2002 to
August 2003
None.
Proposed Amendments to the Safety Element Currently in Process
■ General Plan Amendment Case No. 2001 -05 - As noted above
in the Land Use Element section, the North Park Village
Specific Plan is seeking an amendment to the Safety
Element to modify exhibits and statistics to include the
Specific Plan site.
Pre - Screening Applications for Safety Element Amendments
None.
Housing Element
The current Housing Element was approved by the City in December
2001, and subsequently certified by the California Department of
S: \Corununity Deve_opment \G P Elerients \Annual Report \GP 2003 Repor.t..doc
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Honorable City Council
September 3, 2003
Page 9
Housing ar_d Community Development. The City's progress to date
in implementing the Housing Element is discussed below.
Approved Amendments to the Housing Element - September 2002 to
August 2003
None.
Proposed Amendments to the Housing Element Currently in Process
■ General Plan Amendment Case No. 2001 -05 - As noted above
in the Land Use Element section, the North Park Village
Specific Plan is seeking an amendment to the Housing
Element to modify exhibits and statistics to include the
Specific Plan site.
Pre - Screening Applications for Housing Element Amendments
None.
Progress in Implementing the Housing Element, Including Meeting
the Local Share of the Regional Housing Needs
Share of Regional Housing Needs - The City's fair share for
affordable housing units under the 1998 -2005 Regional Housing
Needs Assessment (RHNA) requirements is shown in Table 1.
TABLE 1
CITY OF MOORPARK
LOCAL SHARE OF REGIONAL HOUSING NEEDS: 1998 -2005
Income Group
Number
Percentage
Very Low
269
21.4°
Low
155
12.4°
Moderate
383
30.5°
High
448
35.7%
TOTAL
1,255
100.0%
Progress in Meeting Local Share - Table 2 is a list of housing
units that either have been completed or have started
construction since January 1, 1998. This table includes the
number of units affordable by households with incomes
categorized as Very Low (less than 50 percent of Ventura County
S: \Cormnunity Devc:LoomenL \C P E_.ements \Anriva.l Report. \CP 20C3 Report.doc ��tt
Honorable City Council
September 3, 2003
Page 10
median income) , Low (50 -80 percent of County median in_come),
Moderate (80 -120 percent of County median income), or High
(greater than 120 percent of County median income), based on
estimated original sales or rental price. Units affordable to
very -low and low - income residents were secured through
development agreements with the City.
TABLE 2
NEW DWELLING UNITS COMPLETED OR STARTED CONSTRUCTION
JANUARY 1, 1998 TO AUGUST 30, 2003
S: \Community Development \G P Fle:nents \Annual Report \GP 203 Report.doc _
Affordability
Tract Map No.
Very
(Project Name)
Low
Low
Mod.
High
Total
Tr.4340
(Deauville)
-
-
-
15
15
Tr.4637
(Mirabella)
-
-
-
23
23
Tr.4975
(Greystone /Lyon)
-
-
-
127
127
Tr.4976
(Greystone)
-
-
-
160
160
Tr.4977
(Richmond American)
-
-
-
109
109
Tr.4980
(Western Pacific)
-
-
-
138
138
RPD 97 -01
(Archstone)
29
21
262
-
312
Tr. 4928
(Toll Brothers)
-
-
-
216
216
Tr.5161
(Cabrillo)
4
11
44
-
59
Tr. 5181
(TR Partners)
-
1
7
8
Tr.5201
(Wilshire Builders)
-
-
-
10
10
Tr. 5307
(Wayne Colmer)
2
4
19
25
Vint. Crest Senior Apts.
(USA Properties)
48
142
190
Total Units Provided
83
179
332
798
1,392
2005 City Share
269
155
383
448
1,255
(% 2005 City Share Met)
(31 %)
(1155)
(87 %)
(178 %)
(111 %)
S: \Community Development \G P Fle:nents \Annual Report \GP 203 Report.doc _
Honorable City Council
September 3, 2003
Page 11
Table 3 shows residential projects that have been approved but
are not yet under construction, with expected affordability by
household income. With these additional projects, it is expected
that the City of Moorpark will meet its local share of regional
housing needs for all but very -low income households. The City
has been collecting fees from development projects to be used
for additional affordable housing units. Program No. 3 in the
Housing Element calls for a monitoring of progress toward
compliance with RHNA by the end of 2002, and rezonina if
necessary. It should be noted, most of these projects have been
approved as a result of rezoning, either through the upzoning of
land planned from lower densities or through the rezoning of
commercial land to allow residential uses, as called for in the
City's Housing Element. After all these projects were approved,
only relatively small areas of land remain within the City to
provide additional opportunity for rezoning for additional
residential development. The City will, nonetheless, continue
to seek opportunities to rezone land to provide for housing,
where possible.
TABLE 3
APPROVED RESIDENTIAL DEVELOPMENT PROJECTS
S: \Corupunity Develcpment \G P - lements \Annual Kepor'_ \G' 2003 Repert.doc
Total
Expected Income
Tract
Units
Applicant
Category Served
250 High (Market Rate) plus 4
Very Low, 4 Low, and 9 Moderate
units off -site. In -lieu fees
5187
will be collected for 3
and
267
William Lyon
additional affordable units (1
5405
Very Low, 1 Low, 1 Moderate)
along with additional fees on
the 250 market -rate units for 5
Very Low and 10 Low
High and Moderate (Market Rate)
5045
562
Pardee
plus 25 Low Units plus fee for
Very Low
Pacific
Moderate (Market Rate) plus 22
5053
247
Communities
Low plus fee for 15 Very Low
Pacific
Moderate (Market Rate)
5204
37
Communities
Moderate (Market Rate) plus 7
5133
79
Shea
Low plus fee for 5 Very Low
Total
Units
1,192
-
-
S: \Corupunity Develcpment \G P - lements \Annual Kepor'_ \G' 2003 Repert.doc
Honorable City Council
September 3, 2003
Page 12
City Efforts to Remove Governmental Constraints to the
_Maintenance, Improvement, and Development of Housing Units - The
City of Moorpark has taken the following steps to remove
governmental constraints that hinder the development of
affordable housing units:
1. Continued implementation of the City's General Plan,
as discussed previously in this report.
2. Continued processing of Specific Plans that include
affordable housing components as a portion of the
project Development Agreements.
3. Continued revisions to the Zoning Ordinance to allow
more flexibility in affordable housing projects.
4. Compliance with the affordable housing provisions of
the Community Redevelopment Law.
5. Use of Community Development Block Grant (CDBG) funds
for housing services in lower income neighborhoods.
6. Provision of priority processing to projects that
include affordability components.
7. Support of changes of land use designation from non-
residential to residential uses with high to very -high
density under Residential Planned Development
provisions.
8. Support of upzoning of land planned for lower
residential densities.
9. Support of density bonuses
that provide an affordabil
project.
10. Preparation of amendment to
make permits for second
compliance with AB 1866.
for residential projects
ity component within the
Second Unit Ordinance tc
units ministerial in
STAFF RECOMMENDATIONS:
1. Receive and file the report.
2. Direct staff to forward a copy of this report to:
Governor's Office of Planning and Research
State Department of Housing and Community Development
County of Ventura- Planning Division
S: \Co!r,..1ni:_y Cevelopmen= \G P ElcrenLs \Annual Repo -t \GP 2003 Report.6oc
TO:
FROM:
DATE:
ITEM 10 . M.
Moorpark City Council
Agenda Report
The Honorable City Council
Kenneth C. Gilbert, Director of Public Works
August 20, 2003 (Council Meeting 9 -3 -03)
Idle
SUBJECT: Selection of Consultant to Prepare a Rail Trail Study
Investigating the Feasibility of Construction of a Trail
Along the Rail Right -of -Way Between Moorpark Avenue and
a Point East of Spring Road
BACKGROUND
In April of 2003 the City received approval from the Ventura
County Transportation Commission [VCTC] for a TDA Article 3 [SB-
821] Bicycle / Pedestrian Facilities Grant, to fund the
preparation of the subject study.
DISCUSSION
A. Consultant Services
Unlike construction contracts which require competitive
bidding based on construction bid price, Request for Proposals
[RFP] for professional services solicit proposals which are
evaluated and ranked based upon the qualifications of the
firms competing. Once the evaluation process is completed,
the fee amount for the required services is negotiated with
the most qualified firm. If those negotiations are
unsuccessful, negotiations are opened with the next "most -
qualified" firm.
Staff was aware of the fact that RRM Design Group is well
qualified to provide the subject services. RRM recently
successfully completed the preparation of the Arroyo Simi
Trail Study. Accordingly, it was not deemed necessary to
solicit proposals from a number of firms. RRM was the sole
firm asked to respond to the Request for Proposals [RFP]
prepared for this project.
Curb ramp_cmp
Rail Trail Study
August 20, 2003
Page 2
B. Project Description
The subject of the Study is the possible future construction
of a Class 1 multi -use trail [herein "Trail "] along, within
and adjacent to the Southern California Regional Rail
Authority [SCRRA] right -of -way, starting at Moorpark Avenue
and extending easterly to a point east of Spring Road, as
generally shown on the map attached as Exhibit 1.
C. Scope of Services
The purpose of the subject Study is to determine the
feasibility, requirements and cost for constructing the Trail.
The tasks necessary to complete this work include:
• Data Collection
• Surveying
• Title Work (to determine ownership of access rights)
• Mapping
• Trail Alignment Options
• Discussions and negotiations with SCRRA and the Ventura
County Watershed Protection District [VCWPD] to determine
the requirements for acquiring access rights for the
construction and use of this Trail.
D. Proposal Evaluation
Staff has reviewed the Proposal submitted by RRM and has
determined that it meets the requirements of the City.
E. Fee Amount
The fee amount requested by RRM is $71,755. The fee includes
$35,000 for an extensive title search effort, in order to
determine the nature of the current vesting for affected
properties, and the requirements for obtaining "trail rights"
upon those properties. This element of the work will be paid
on a time and materials, the total for which is difficult to
estimate.
F. Fiscal Impact
1. Project Costs: The estimated cost for this project is
summarized as follows:
Project 8050
Description Budget ($)
Fee Amount 36,755
Title Work 35.000
Consultant Costs 71,755
Staff Time 5,000
Total 76,755
Rail trail_0308 Ic" % '4
Rail Trail Study
August 20, 2003
Page 3
2. Grant: A portion of the subject
Article 3 (SB -821) grant monies
of the Project Budget, the grant
estimated costs, is as follows:
Project 8050
Description Budget ($)
SB -821 Grant 25,000
Local Share 32,000
Total 57,000
project is funded by TDA
[Fund 26021 . A comparison
application and the final
Grant Estimated
Amount ($) Actual
25,000 25,000
30,555 51,755
55,555 76,755
3. Projected Local Share Costs: The SB -82
that at least fifty -five percent (55%)
costs be local share dollars. A summary
local share costs is as follows:
Prior Grant Local
Description Est. Share
Fund 2602: SB -821 Grant 25,000
Fund 2603: LTF 30,555 55.0%
Total 55,555
1 grant requires
of the project
of the projected
Revised Local
Est. Share
25,000
51.755 67.4%
76,755
4. Funding Source for Local Share Costs: Currently the local
share costs are funded by TDA Article 8 monies (Local
Transportation Fund) [Fund 26031. It is proposed that the
source for the local share costs be changed to Fund 2002 -
Traffic System Management [TSMj.
5. Budget Amendment: The attached Resolution provides for an
amendment to the FY 03/04 Budget to fully fund the project
and to revise the source of funding for the local share
costs. That Resolution is summarized as follows:
Project 8050 Proposed Revised
Description Budget ($) Change ($) Budget
Fund 2001: TSM 0 51,755 51,755
Fund 2602: SB -821 Grant 25,000 25,000
Fund 2603: LTF 32,000 (32,000) 0
Total 57,000 19,755 76,755
STAFF RECOMMENDATION (Roll Call Vote Required)
Approve the selection of RRM Group to prepare the subject study
and adopt the attached Resolution amending the Budget for the
project.
Attachments:
Exhibit 1:
Exhibit 2:
Rail trail 0308
Map - Rail Trail
Resolution
4. Funding Source for Local Share Costs: Currently the local
share costs are funded by TDA Article 8 monies (Local
Transportation Fund) [Fund 26031. It is proposed that the
source for the local share costs be changed to Fund 2002 -
Traffic System Management [TSMj.
5. Budget Amendment: The attached Resolution provides for an
amendment to the FY 03/04 Budget to fully fund the project
and to revise the source of funding for the local share
costs. That Resolution is summarized as follows:
Project 8050 Proposed Revised
Description Budget ($) Change ($) Budget
Fund 2001: TSM 0 51,755 51,755
Fund 2602: SB -821 Grant 25,000 25,000
Fund 2603: LTF 32,000 (32,000) 0
Total 57,000 19,755 76,755
STAFF RECOMMENDATION (Roll Call Vote Required)
Approve the selection of RRM Group to prepare the subject study
and adopt the attached Resolution amending the Budget for the
project.
Attachments:
Exhibit 1:
Exhibit 2:
Rail trail 0308
Map - Rail Trail
Resolution
STAFF RECOMMENDATION (Roll Call Vote Required)
Approve the selection of RRM Group to prepare the subject study
and adopt the attached Resolution amending the Budget for the
project.
Attachments:
Exhibit 1:
Exhibit 2:
Rail trail 0308
Map - Rail Trail
Resolution
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Exhibit 2
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE FY
03/04 BUDGET TO REVISE THE AMOUNTS OF THE
APPROPRIATIONS AND BUDGET FOR PROJECT 8050:
RAIL TRAIL STUDY [TDA ARTICLE 3 (FUND 2602);
TSM FUND (FUND 2001)]
WHEREAS, on June 18, 2003, the City Council adopted the
Budget for Fiscal Year 2003/04; and
WHEREAS, a staff report has been presented to the City
Council requesting a budget increase in the aggregate amount of
$19,755); and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof,
describes said budget amendment and its resultant impacts to the
budget line item(s).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a Budget amendment in the aggregate increase
of $19,755, as more particularly described in Exhibit "A ", is
hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment:
Exhibit 'A': Appropriation and Budget Detail
C / -i ties u a.1
Resolution No. 2
2003 -
Exhibit "A"
Revised Appropriations &
& Budget
For Project 8
8050: Rail Trail Study
A. Fund Allocation
Fund_ ------ -
--------- -
--- Account - - _N u m b e -r"-- ------- a- A
Amount
B. FY 03/04 Budget Re-Cap
C. Distribution of Appropriations to Expense Accounts
Current Subject Revised*
FY 03/04 Appropriation FY 03/04'T
Account Number
Budget ! (Reduction)
Budgett
t
2001.8310.8050.9601: Design $ O $ 51,755 $ 51,755
- -2 6 0-2 _._8 I i-T. 8050.9601: - Design ---- $ 25-,00
0 0 $ - 2---5--,--0---0---0
-- ---------- :2603.8310.8050.9601: Design $ 32,000 1 $ 02,000)
--
$
------- 57,000 19,755 $ 76,755
----------- ------------ -- - -----
Total Project! $ 57,000 19,755 $ 76,755
Approved as to form: orm: cLb-
i
U __,i ., , ".
Approved as to form: orm: cLb-
i
U __,i ., , ".
Moorpark City Council
Agenda Report
ITEM 10 • T.
To: The Honorable City Council
From: Kenneth C. Gilbert, Director of Public Works
Date: August 20, 2003 (Council Meeting 9 -3 -03)
Subject: Consider Approving an Increase to the Estimated Cost for
the Flinn Avenue Realignment Project (Project 8037] and
Adoption of a Resolution Amending FY 2003/2004 Budget
for Said Purpose
BACKGROUND
Last May the City Council approved the award of contract, in the
amount of $539,865, to Nativ Engineering for the construction of
the subject project. That action included the approval of a ten
percent (100) construction contingency in the amount of $53,987.
DISCUSSION
A. Summary of Proposed Change
It is requested that an additional $127,680 be approved for
the Project to cover certain unforeseen costs, most of which
are related to conflicts with underground utilities which
were previously unknown.
B. Added Work
Subsequent to the Notice to Proceed, the contractor was
directed to construct certain improvements not included in
the original design. This added work calls for the
installation of conduits to the west side of Spring Road, to
enable the City to, at some point in the future, provide
irrigation water to landscaped parkways to be constructed on
the west side of the street. The estimated cost for this
added work is summarized as follows:
Description Est. Amt. ($)
Change Order 4A: Conduit from median to West Parkway 5,600.00
Change Order 413: Conduit across Second Street 4.000.00
Total 9,600.00
flinn amnd
Flinn Avenue Realignment: Revise Contingency
August 20, 2003
Page 2
B. Additional Quantities
The actual quantities for certain bid items will exceed the
Engineer's Estimate, resulting in actual costs exceeding the
bid amounts. A summary of these added costs is as follows:
Description Bid Qty. Est. Actual Qty. Added Cost ($)
Item 3: Excavation 1,521 CY 2,270 CY 20,972.00
Item 13E: 5" Conduit 145 LF 298 LF 11.622.00
Total 32,594.00
C. Change Order Summary
The nature of the work has required staff to approve, or
consider approving, a number of Contract Change Orders,
generally summarized as follows:
Description
Est. Amt. ($)
1
Move Bus Stop
0
2a
Add conduit to street light not shown on SCE plans
6,500
2b
Revise design for Fire Hydrant relocation to avoid telephone conduits
11,300
2c
Revise design for Storm Drian lateral to avoid telephone conduits
13,500
2d
Revise design for SCE Conduit on Minor St. to avoid telephone conduits
4,400
2e
Relocate Water Air Vac
5,400
3
Excavation in Rear Yards required to bore street light conduit
10,000
4g SCE conflict with Telephone [Old Flinn Avenue]
Sub - total: Approved to Date
51,100
4a
Conduits to west side parkway
5,600
4b
Conduits crossing Second Street
4,000
4c
Additional boring to accommodate Adelphia conduit
6,400
4d
SCE conflict with Storm Drain box at Second Street
7,740
4e
SCE conflict with Storm Drain box: three street lights
3,000
4f
Relocate Signal pole - conflict with wall foundation
1,000
4g
SCE conflict with Telephone [Old Flinn Avenue]
1,500
Total
80,340
D. Substructure Conflicts
A number of the above listed Change Orders were generated
when the Contractor encountered a number of conflicts between
the improvements being constructed and existing
underground
structures and facilities. A list of the above Change Orders
caused by substructure conflicts is as follows:
Description
Est. Amt. ($)
2b Revise design for Fire Hydrant relocation to avoid telephone conduits
11,300
2c Revise design for Storm Drian lateral to avoid telephone conduits
13,500
2d Revise design for SCE Conduit on Minor St. to avoid telephone conduits
4,400
3 Excavation in Rear Yards required to bore street light conduit
10,000
4d SCE conflict with Storm Drain box at Second Street
7,740
4e SCE conflict with Storm Drain box: three street lights
3,000
4f Relocate Signal pole - conflict with wall foundation
1,000
4g SCE conflict with Telephone [Old Flinn Avenue]
1,500
52,440
flinn_amnd
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Flinn Avenue Realignment: Revise Contingency
August 20, 2003
Page 3
E. Cost Estimates
The amounts noted for the above Change Orders are estimates.
Actual costs will be determined upon completion of the work.
F. Electrical Undergrounding and Street Lighting Cost
The approved project included costs related to the
installation of an underground electrical system and new
street lights. Many of the above noted change orders relate
to these components of the work. A revised summary of these
costs is as follows:
Description
Est. Amt. ($)
Direct costs to SCE
61,625
Bid Price [Item #13] plus additional quantity ( #13E)
150,898
Sub -Total
212,523
Change Orders:
2a Add conduit to street light not shown on SCE plans
6,500
2d Revise design for SCE Conduit on Minor St. to avoid telephone conduits
4,400
4d SCE conflict with Storm Drain box at Second Street
7,740
4e SCE conflict with Storm Drain box: three street lights
3,000
4g SCE conflict with Telephone [Old Flinn Avenue]
1,500
Total
235,663
G. Added Contract Time
The extra work encountered by the Contractor has required
staff to add contract days to the contract.
H. Additional Construction Engineering Costs
The added contract time will require more contract
administration hours, increasing the cost for this consultant
contract from $70,000 to $91,000.
I. Fiscal Impact
1. Revised Construction Cost Estimate: Based on the above
described changes, the revised estimated construction
costs are as follows:
Bid Amount
Change Orders to date [Est.]
Extra Quantities to Date
Contingency (10 %)
Total
Amount ($)
539,865.00
80,340.00
32,594.00
Subtotal 652,799.00
53,986.50
706,785.50
flinn_amnd
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Flinn Avenue Realignment: Revise Contingency
August 20, 2003
Page 4
2. Total Project Cost Estimate: The revised total project
costs are summarized as follows:
Description
Design
Design Support
Right -of -Way
Construction Contract ( +10 %)
SCE Undergrounding Direct Costs
Inspection / Contract Admin.
Total
Amount ($)
60,000
500
2,000
707,000
61,625
91,000
922,125
3. Budget Amendment: The attached Resolution provides for an
amendment to the Budget to reflect the revised costs
described herein. That Resolution is summarized as
follows:
Descri t
Design
Fund
2501 L A AOC
2902 MRA
Current Budget ($
12,945
12,945
25,890
Change ($) Revised
0
0
0
12,945
12,945
25,890
Construction 2501
L A AOC
302,160
53,340
355,500
* > 2605
Gas Tax
16,000
-
16,000
*` > 2602
TDA Art. 3
41,805
-
41,805
2902
MRA
302,160
53,340
355,500
662,125
106,680
768,805
Inspection 2501
L A AOC
35,000
10500
45,500
2902
MRA
35,000
10500
45,500
Total FY 02/03 758,015 127,680 885,695
Plus Prior Year Costs 39,610 0 39,610
Total Project Budget 797,625 127,680 925,305
** Campus Park Medians
* ** Portion of Spring Rd. Widening
STAFF RECOMMENDATION (Roll Call Vote)
1. Approve the revised project costs as set forth in this
report.
2. Adopt Resolution NO. 2003- amending the Budget for this
project.
Attachments:
Exhibit 1: Resolution
flinn amnd
Exhibit 1
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE FY
03/04 BUDGET TO REVISE THE AMOUNTS OF THE
APPROPRIATIONS AND BUDGET FOR PROJECT 8037:
FLINN AVENUE REALIGNMENT [L. A. AVE. AOC FUND
(FUND 2501); MRA AREA 1 OPERATIONS FUND (FUND
2902)]
WHEREAS, on June 18, 2003, the City Council adopted the
Budget for Fiscal Year 2003/04; and
WHEREAS, a staff report has been presented to the City
Council requesting a budget increase in the aggregate amount of
$127,680); and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof,
describes said budget amendment and its resultant impacts to the
budget line item(s).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a Budget amendment in the aggregate increase
of $127,680, as more particularly described in Exhibit "A ", is
hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Cler
Attachment:
Exhibit 'A': Appropriation and Budget Detail
Resolution No. 2003
Exhibit "A"
Revised Appropriations & Budget
For Project 8037: Flinn Avenue Realignment
A. Fund Allocation
Fund _ Account Number
L. A. Ave. AOC 1;2501.8310.8037.5500
2602.8310._8037.5500_ -
Gas Tax i2605.8310.8037.5500
RA -- ------ ___ --- — ----- — - --------- 12 _!� 0-2 . -n-f ��8 UTT.3_�----- - - - - --
M O
'rotai s 12 /, bdu
- - ---------- - _ -- - ------
B. FY 03/04 Budget Re-Cap
------ - - ------
_______._ - -- ------
Current Subject;
Revise
FY 03/0411 Appropriation' FY 03/04
Account Number Budget (Reduction), 1 Budget,
,2501.8310.8037.xxxx $ 350,105„ $ $ 63,840_; 413,945,
. .... ..... -------
--- --- - ----------- --- $--,--4 --- 1 0 $
— ---------- -------- - V $ 16,006 __
2605.8310.8037.xxxx
2902. ------- - -- - -- - ------
i8310.8037.xxxx 1 $ 350,1051 $ 63,840i $ 413,945
$- - -758, 0151 $ 127,6801
$ 885,695
C. Total Appropriations Re-Cap
— ------ - ---------- -- — -------- ----- - ------------
Revised,
i FY 03/04; Prior Years i Total,
'Account Number Budget: Expenditures! Approp iations!
1 '2 5 01.831 0 .8 03 7.x xX x $ 413, 945 $ 19,805! $ 433,750
7--_- - - -- -- - --- - -------- -. � 6 62A I 0 . 8037 x xx X $ 41, 805 $ T1,805
'
2605.8310.8037.X___XXx f $
I 16,000
$ 16, 000
-- -------- - ------ 433, 7-
- - - - --2.8M. 8037. xxxx $ 413,Y45 $ f 9,8 5 F 5U
$ 885,6951 $ 39,610 $ 925,305
----------- _ - - ----- ------ -
D. Distribution of Appropriations to Expense Accounts
Current Subjectl Revised
FY 03/04 Appropriation FY 03/04:1
,
IAccount Number Budget (Reduction) Budget
2501.8310.8037.9601: Design $ 12,945 1 .4 $ 0 $ 12,945
2902.8310.8037.9 6 0 _1 56-sign $ 12, 945 $ 0: $ - -12 , 9 4 5
$ 25,890 $ 0 $ 25,890
----------- - - ----- --------
��2602 8310_ - - - ------------ - ---- - ------ ---------
- - --
$ 41, 805
$ 0 $ 41,805
,2%_U5_.8310.8037.9640: Const i $ 16,000 $ 0 $ 16,000i
---------------------- - I
2501. 8310. 8037. --- n-st 1 $ 302, 5__3,_ -3 --- 4-0-1 $ 355,500i
355,500; --
10.8037.9650: C'o-n-'st $ 302,160 $ 53,340
$ 662,125 $ 106,680 $ 7668,805
2501 - .8310. 8037.9650: -- -- -- - --- _i_n_sp__.__;I ----- 35, 000 -- — $ --- -- 10,500 45,500:
Insp. 1 $35,000 $ 10,500 $ 45,500
70,000 $ 21,000 $ 91,000!
f6_t_a_f_Pr_o3_e_ct $ 758,015 $ 127,680 1 $ 885,695 1
Approved as to form:
ITEM 10 • K Nommuffmommuma
Moorpark City Council
-- -
Agenda Report 1�
To: The Honorable City Council F "
1
From: Kenneth C. Gilbert, Director of Public Works
Date: August 20, 2003 (Council Meeting 9- 03 -03)
Subject: Notice of Completion for the 2003 Slurry Seal Project
BACKGROUND
In May the City Council awarded a contract for the application of
a protective slurry seal to certain designated streets. This
project is a part of the City's on -going bi- annual pavement
surfacing program, in which approximately one -third of the
residential streets in the City are slurry sealed every other
year. The objective is to resurface every residential street once
every six (6) years.
DISCUSSION
A. Street Resurfacing
A summary of the scope of the project is as follows:
> Quantity of Slurry: . . . . . . . . . . 2,128 Tons [a]
> Total Length of Streets in linear feet: 96,750 l.f.
> Total Length of Street in miles: . . . .. 18.3 mi.
The project included the application of Type II Slurry on all
designated streets. Prior to this work, crack filler material
was applied where required. Subsequent to the work, all
pavement markings and striping was re- installed.
Note: a) 2,128 Tons of aggregate only. This amount equals 1,935
Extra Long Tonnes (Metric Tons).
B. Park Parking Lots
The project included the resurfacing of the parking lots at
the following parks:
• Poindexter Park
• Peach Hill Park (two lots); and
• Mountain Meadows Park.
S1ry2003 crop
Slurry Seal 2003: Complete
August 20, 2003
Page 2
C. Asphalt Overlav Protect
The work was coordinated with a separate project to construct
an asphalt overlay on certain designated streets. That
project is expected to be completed in September.
D. Changes
1. Quantity Adjustments: As is typical with public works
construction projects, the actual quantities required for
the job differed from the engineer's estimate. The added
cost resulting from this difference is $10,253.
2. Change Orders: There were no Change Orders required for
this project.
E. Fiscal Impact
1. Construction Costs:
costs is as follows:
Element
Bid Amount
Quantity Adjustment
Change Orders
Total
2. Total Project Cost:
costs is as follows:
A summary of the final construction
Amount ($)
239,755.18
10,252.62
250,007.80
A summary of the final total project
Element
Amount ($)
Design
14,401
Construction
250,008
Inspection
29,500
Total
293,909
3. Inspection Cost: A portion of the inspection efforts were
undertaken by Charles Abbott Associates, and a portion
were performed by Public Works staff. A breakdown of these
costs is as follows:
Element Amount ($)
City Engineer Contract Costs 24,500
City Staff 5.000
Total 29,500
S1ry2003 cmp
Slurry Seal 2003: Complete
August 20, 2003
Page 3
4. Slurry Seal Project Cost: The cost for slurry
park parking lots was charged to the park
budget. Accordingly, the net cost to the 2003
Project [8002] is shown as follows:
Description Amount
Total Project Cost 293,909
Less Park Parking Lots (8.675);
Total Slurry Seal Project Costs 285,234
5. Budget: The F)
costs, is shown
Description
Design: Fund 2603
Design: Fund 2610 "
Design Total
}Construction
Inspection
Total
2003/04
S follows:
Prior Years ($)
3,162
9,239
12,401
sealing the
maintenance
Slurry Seal
Budget, along with prior year
M
12,401
** Note: A portion of prior year expe
FY2003/04 ($)
10,838
10,838
400,000
24,000
434,838
nseS for design
Fund 2610: Congestion Relief Grant funds.
Total
14,000
9,239
23,239
400,000
24,000
-- 4.47,239
were charged to
6. Project Surplus: The projected Budget surplus for this
project is as follows:
Description
FY 02/03 Budget
Design, Printing, Etc
Construction
Inspection
Total
Plus Prior Year Design
Project Total
Approved
Budget
10,838
394,500
29,500
434,838
12,401
F. Final Inspection and Acceptance
447,239
Projected
Actual
2,000
241,333
29,500
272,833
12,401
285,234
Surplus ($)
(Deficit f$1 )
8,838
153,167
162,005
162,005
The City has completed a final inspection of the project and
has found the work to be acceptable. At this time it would be
appropriate for the City Council to accept the project as
complete and direct the City Clerk to record the Notice of
Completion to start the final lean period. Absent the
receipt of any Stop Notices from subcontractors or suppliers,
the ten percent retention will be released thirty -five (35)
days after the date of the recordation of that notice.
STAFF RECOMMENDATION
Accept the work as complete.
S1ry2003_cmp f` j ^ "I'"_' '' `"`
of=- 3 - °�,-,
ORDINANCE NO. 295
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONE CHANGE NO. 2003 -01, FOR A CHANGE
OF ZONE FROM RURAL EXCLUSIVE - 5 ACRE MINIMUM LOT
SIZE (RE -5AC) AND OPEN SPACE (OS) TO RESIDENTIAL
PLANNED DEVELOPMENT - 7 UNITS PER ACRE (RPD -7U)
ON 3.15 ACRES OF LAND, LOCATED WEST OF WALNUT
CANYON ROAD, APPROXIMATELY ONE -HALF MILE NORTH OF
CASEY ROAD, ON THE APPLICATION OF WILLIAM LYON
HOMES (ASSESSOR PARCEL NO. 500 -0- 270 -050)
WHEREAS, on July 1, 2003, the Planning Commission
adopted Resolution No. PC- 2003 -448 recommending approval to the
City Council of Zone Change No. 2003 -01, for a change of zone
from Rural Exclusive - 5 acre minimum lot size (RE -5Ac) and Open
Space (OS) to Residential Planned Development - 7 units per acre
(RPD -7U) on a 3.15 acre site located west of Walnut Canyon Road,
approximately one -half mile north of Casey Road; and
WHEREAS, at a duly noticed public hearing on August 20,
2003, the City Council considered the agenda report for Zone
Change No. 2003 -01 and any supplements thereto and written
public comments; opened and closed the public hearing and took
and considered public testimony both for and against the
proposal and reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed, considered
and adopted a Mitigated Negative Declaration prepared for the
project referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The Zoning Map described and referenced in
Chapter 17.12 of Title 17, Zoning, of the Municipal Code of the
City of Moorpark is hereby amended as shown in Exhibit "A"
attached hereto.
SECTION 2. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
Ordinance No. 295
Page 2
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark Star
a newspaper of general circulation, as defined in Section 6008 of
the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this 3rd day of September, 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit A: Zone Change Map
ce
0-rcL.I.
Page
No 295
SC 2003-01
'Zolls AGE