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Home My WebLink AboutORD 137 1991 0220I WlndQy Qrdiiiameo? •� -�� ORDINANCE NO. 137' AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING THE CURRENT ZONING ORDINANCE AND ADOPTING A NEW ZONING ORDINANCE SHOWN AS EXHIBIT A WHEREAS, since adoption of the County's Zoning Ordinance, several amendments have been made due to public necessity, convenience, general welfare and good zoning practice by the City; and WHEREAS, these approved Ordinance amendments have never been placed in the Ordinance Code Book; and as a result, it has been necessary for staff to establish a separate binder with all the appropriate changes to keep track of matters; and WHEREAS, the City Council has reviewed the recommendation to rescind the current Ordinance and directed staff to rework the current County Ordinance into the Moorpark Zoning Code until such time that the General Plan is updated and the City rewrites a new Zoning Code; and WHEREAS, the Planning Commission held public hearings on this matter beginning on October 2, 1989 and made specific recommendations for changes in order to address the City's concerns; and WHEREAS, the City Council opened and closed public hearings on this matter and reviewed recommended changes to the proposed Zoning Ordinance on September 5 and 19, 1990; and WHEREAS, requested changes to the Zoning Ordinance as directed by the City Council have been made to the Ordinance; and WHEREAS, the City Council has determined that the proposed rescinding of the current Zoning Ordinance along with Ordinance Nos: 74 (Parking /Setbacks), 76 (Maximum Density) , 113 (Signs), 83 (Produce Stands), 112 (Day care facilities), 121 (1000' notification), and 130 (RPD zones) in their entirety, and adoption of the current County Ordinance with modifications noted in the attached Ordinance (Exhibit A) is categorically exempt from state CEQA Guidelines pursuant to Section 15061 (b) (3) in that the adoption of the Ordinance does not have the potential for causing a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. That the project is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061(b)(3) in that the adoption of the Ordinance does not have the potential for causing a significant effect on the environment. SECTION 2. That the current Zoning Ordinance and Ordinance Nos: 74, 76, 113, 83, 112, 121, and 130 are rescinded in their entirety. SECTION 3. That the City Council adopts the attached Zoning Ordinance attached (Exhibit A). SECTION 4. That if any section, subsection, sentence, clause, phrase, or word of the attached Ordinance (Exhibit A) is for any reason held to be invalid by a Court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance. The City Council of the City of Moorpark hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. PASSED, APPROVED AND ADOPTED 20th day February, 1991. Paul W. L` rason Jr., Ma or City of Moorpark TfTMM CT. b1O0RPARK AUL W. LAWRASON JR. Mayor BERNARDO M.PEREZ Mayor Pro Tern SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) I, Lillian E. California, do foregoing Ordil Council of the day of _ adopted by the ss. Kellerman, City hereby certify i lance No. 137 City of Moorpark FEBRUARY following vote: STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer Clerk of the City of Moorpark, xnder penalty of perjury that the was adopted by the City at a meeting held on the 20th , 1991, and that the same was AYES: COUNCILMEMBERS PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER MONTGOMERY ABSTAIN: NONE WITNESS my hand and the official seal of said City this of FEBRUARY 1991. 22nd day 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CITY OF MOORPARK ZONING ORDINANCE TABLE OF CONTENTS Chapter 1 — Zoning Page Article 1 - Authority, Purpose and Application of Chapter .1 Sec. 8191 -0 - Adoption of Title of Chapter Sec. 8101 -1 - Purpose of Chapter Sec. 8101 -2 - Applicability Sec. 8101 -3 - General Prohibitions Sec. 8101 -4 - General Interpretations Article 2 - Definitions . . . . . . . . . . 4 Sec. 8102 -0 - Application of Definitions Article 3 - Establishment of Zones, Boundaries and Maps 22 Sec. 8103 -0 - Purpose and Establishment of Zones Sec. 8103 -1 - Subzones Sec. 8103 -2 - Uncertainty of Zoning Boundaries Sec. 8103 -3 - Establishment and Changes of Zone Classifications Article 4 - Purposes of Zones . . . . . . . . . . . . . . 25 Sec. 8104 -0 - Purpose Sec. 8104 -1 - Open Space /Agricultural Zones Sec. 8104 -2 - Rural Residential Zones Sec. 8104 -3 - Urban Residential Zones Sec. 8104 -4 - Commercial Zones Sec. 8104 -5 - Industrial Zones Sec. 8104 -6 - Special Purpose Zones (P -C, SP) Sec. 8104 -7 - Overlay Zones Article 5 - Uses by Zone . . . . . . . . . . . . . . . . .28 Sec. 8105 -0 - Purpose Sec. 8105 -1 - Use of Matrices Sec. 8105 -2 - Uses Not Listed Sec. 8105 -3 - Exemptions From Zoning Clearance Sec. 8105 -4 - Permitted Uses in Open Space, Agricultural, Residential and Special Purpose Zones (Matrix) Sec. 8104 -5 - Permitted Uses in Commercial and Industrial Zones (Matrix) i Article 6 - Lot Area and Coverage, Setbacks, Height and Related Provisions . . . . . . . . . . . . 41 Sec. 8106 -0 - Purpose Sec. 8106 -1 Schedules of Specific Development Standards By Zone Sec. 8106 -2 - Exceptions to Lot Area Sec. 8106 -3 - Purpose and Use of Setbacks Sec. 8106 -4 - Measurement of Setbacks Sec. 8106 -5 - Intrusions into Required Setbacks Sec. 8106 -6 - Miscellaneous Setback Regulations Sec. 8106 -7 - Exceptions to Height Limits Sec. 8106 -8 - Miscellaneous Regulations Article 7 - Standards for Specific Zones . . . . . . . . .52 Sec. 8107 -0 - Purpose Sec. 8107 -1 - Standards Relating to Dwellings Sec. 8107 -2 - Standards Relating to Animals Sec. 8107 -3 - Auto, Boat, and Trailer Sales Lots Sec. 8107 -4 - Mobilehome Parks Sec. 8107 -5 - Oil and Gas Exploration and Production Sec. 8107 -6 - Produce Stands Sec. 8107 -7 - Recreational Vehicle Parks Sec. 8107 -8 - Restaurants, Bars and Taverns Sec. 8107 -9 - Mining and Reclamation Sec. 8107 -10- Veterinary Clinics Sec. 8107 -11- Motion Picture and TV Production, Temporary Sec. 8107 -12- Outdoor Sales and Services, Temporary Sec. 8107 -13- Christmas Tree Sales Sec. 8107 -14- Temporary Buildings During Construction Sec. 8107 -15- Storage of Building Materials, Temporary Sec. 8107 -16- Campgrounds Sec. 8107 -17- Camps Sec. 8107 -18 Retreats Sec. 8107 -19- Golf Courses Sec. 8107 -20- Buildings for the Growing of Crops Sec. 8107 -21- Temporary Pet Vaccination Clinics Sec. 8107 -22- Care Facilities Sec. 8107 -23- Nonmotorized Wheeled Conveyance Facilities and Uses Sec. 8107 -24- Caretaker Recreational Vehicle, Accessory Article 8 - Parking, Access and Landscaping Requirements .91 Sec. 8108 -1 - Parking Sec. 8108 -2 - Landscaping ii Article 9 - Standards for Specific Zones and Zone Types . 104 Sec. 8109 -0 - Standards for All Zones Sec. 8109 -1 - Standards for Open Space, Agricultural and Residential Zones Sec. 8109 -2 - Standards for Residential Planned Development Zones (RPD) Sec. 8109 -3 - Standards for Commercial Zones Sec. 8109 -4 - Standards for Industrial Zones Sec. 8109 -5 - Standards for Overlay and Special Purpose Zones (PC, SP) Article 10 - Sign Requirements . . . . . . . . . . . . . . 119 Sec. 8110 -0 - Purpose Sec. 8110 -1 - Definitions Sec. 8110 -2 - Permit Requirements Sec. 8110 -3 - Exempted Signs Sec. 8110 -4 - Prohibited Signs Sec. 8110 -5 - General Sign Regulations (Matrix) Sec. 8110 -6 - Specific Regulations by Type of Sign Sec. 8110 -7 - Abatement of Signs Relating to Inoperative Functions Sec. 8110 -8 - Nonconforming Signs Article 11 - Entitlements - Process and Procedures . . . .137 Sec. 8111 -0 - Purpose Sec. 8111 -1 - Legal Lot Requirement Sec. 8111 -2 - Entitlements Sec. 8111 -3 - Filing and Processing of Application Requests Sec. 8111 -4 - Notice and Hearing Procedures Sec. 8111 -5 - Decisions Seca 8111 -6 - Reapplication Sec. 8111 -7 - Modification, Suspension and Revocation Sec. 8111 -8 - Appeals Sec. 8111 -9 - Effect of Change of Zoning Regulations Article 12 - Reserved . . . . . . . . . . . . . . . . . 154 Article 13 - Nonconformities and Substandard Lots . . . . 155 Sec. 8113 -0 - Purpose Sec. 8113 -1 - Nonconforming Structures Due Only to Changed Standards Sec. 8113 -2 - Continuation of Existing Nonconforming Mobilehomes Sec. 8113 -3 - Nonconforming Uses Due Only to Changes in Parking Requirements Sec. 8113 -4 - The Keeping of Animals iii Sec. 8113 -5 - Other Nonconforming Uses (No Longer Permitted) Sec. 8113 -6 - Destruction Sec. 8113 -7 - Additional Use Sec. 8113 -8 - Use of Nonconforming Lots Sec. 8113 -9 - Involuntary Nonconformance Sec. 8113 -10- Effect of Change of Zoning Regulations Article 14 - Enforcement and Penalties . . . . . . . . . .163 Sec. 8114 -0 - Purpose Sec. 8114 -1 - Pending Violations Sec. 8114 -2 - Penalties Sec. 8114 -3 - Enforcement Sec. 8114 -4 - Administrative Process Article 15 - Amendments to this Chapter . . . . . . . . . 167 Sec. 8115 -0 - Purpose Sec. 8115 -1 - Amendments Sec. 8115 -2 - Hearing and Notice Requirements Sec. 8115 -3 - Decisions Articles 16 and 17 Reserved . . . . . . . . . . . . . . . 170 Article 18 - (Contains Existing Zoning Map) . . . . . . 171 iiii DIVISION 8 - PLANNING AND DEVELOPMENT CHAPTER 1 - ZONING ARTICLE 1 AUTHORITY, PURPOSE, AND APPLICATION OF CHAPTER Sec. 8101 -0 - ADOPTION AND TITLE OF CHAPTER - This Chapter is adopted pursuant to the authority vested in the City of Moorpark by the State of California, including but not limited to the Government Code and the Public Resources Code. This Chapter shall be known as the "Zoning Ordinance." Seca 8101 -1 - PURPOSE OF CHAPTER - The text (including tables and matrices) and zoning map contained in this Chapter constitute the comprehensive zoning regulations for the City of Moorpark and are adopted to protect and promote the public health, safety and general welfare; to provide the environmental, economic and social advantages which result from an orderly, planned use of resources; to establish the most beneficial and convenient relationships among land uses and to implement the City of Moorpark's General Plan. Sec. 8101 -2 - APPLICABILITY OF THE ZONING ORDINANCE Sec. 8101 -2.1 - Applicability to Uses and Structures - The provisions of this Chapter apply to all lots, structures and uses of land or bodies of water created, utilized, established, constructed or altered by any person unless specifically exempted by the following subsections: Sec. 8101-2.1.1 - Exemption, Public Roads - The provisions of this Chapter are not applicable to construction and maintenance of public roads and other improvements within road rights -of -way. Sec. 8101 -2.1.2 - Exemption, Preemption - Specifically exempt is any area of regulation totally preempted by Federal or State laws and where divestiture has not occurred. Sec. 8101 -3 - GENERAL PROHIBITIONS Sec. 8101 -3.1 - No structure shall be moved onto a site, erected, reconstructed, added to, enlarged, advertised on, structurally altered or maintained, and no structure or land shall be used for any purpose, except as specifically provided and allowed by this Chapter with respect to land uses, building heights, setbacks, lot coverage and all other regulations, conditions and limitations prescribed by this Chapter as applicable to the same zone or subzone in which such use, structure or land is located. Sec. 8101 -3.2 - No person shall use or permit to be used any building, structure, or land or erect, structurally alter or enlarge any building or structure, contract for advertising space, pay for space, or advertise on any structure except for the uses permitted by this Chapter and in accordance with the provisions of this Chapter applicable thereto. Sec. 8101 -3.3 - No permit or entitlement may be issued or renewed for any use, construction, improvement or other purpose unless specifically provided for or permitted by this Chapter. Sec. 8101 -4 - GENERAL INTERPRETATION Sec. 8101 -4.1 - Minimum Requirements - The provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. Sec. 8101 -4.2 - Interference - It is not intended by this Chapter to interfere with, abrogate or annul any easement, covenant or other agreement between parties. Sec. 8101 -4.3 - Conflict - When this Chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires greater setbacks or larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this Chapter shall govern. If conflict between requirements appears within this Chapter, the most restrictive requirement shall prevail. Sec. 8101 -4.4 - Terms not Defined - Terms not defined in this Chapter shall be interpreted as defined in conventional dictionaries in.common use. Sec. 8101 -4.5 - Misinformation - Information erroneously presented by any official or employee of the City does not negate or diminish the provisions of this Chapter pertaining thereto. Sec. 8101 -4.6 - Quantity - The singular includes the plural, and the plural includes the singular. Sec. 8101 -4.7 - Number of Days - Whenever a number of days is specified in this Chapter, or in any permit, condition of approval or notice issued or given as set forth in this Chapter, such number of days shall be deemed to be consecutive calendar days, unless otherwise specified. Sec. 8101 -4.8 - Rounding of Quantities - Whenever application of this Chapter results in required parking spaces, required number of affordable or elderly units built pursuant to Article 16 or other standards being expressed in fractions of whole 2 numbers, such fractions are to be rounded to the next higher whole number when the fraction is .5 or more, and to the next lower whole number when the fraction is less than .5, except that a) calculation for the number of permitted animals shall be in accordance with Article 7; b) quantities expressing areas of land are to be rounded only in the case of square footage, and are not to be rounded in the case of acreage. Sec. 8101 -4.9 - Severability - If any portion of the Zoning Ordinance is held to be invalid, that holding shall not invalidate any other portion of the Zoning Ordinance. Sec. 8101 -4.10 - Interpretation - Because it is infeasible to compose legislative language which encompasses all conceivable land -use situations, the Planning Director shall have the power to interpret the regulations and standards contained in this Ordinance, when such interpretation is necessitated by a lack of specificity in such regulations and standards. 3 ARTICLE 2 DEFINITIONS Sec. 8102 -0 - APPLICATION OF DEFINITIONS- Unless the provision or context otherwise requires, the definitions of words and terms as follows shall govern the construction of this Chapter. Abut - To touch physically, border upon, or share a common property line with. Lots which touch at corners only shall not be deemed abutting. Adjoining and contiguous shall mean the same as abutting. Access - The place or way by which pedestrians and /or vehicles shall have safe, adequate, usable ingress and egress to a property or use. Accessory Structure - A detached structure located upon the same lot as the building or use to which it is accessory, and the use of which is customarily incidental, appropriate and subordinate to the use of the principal building or to the principal use of the lot. Accessory Use - A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same lot. Agriculture - Farming, including animal husbandry and the production and management of crops (including aquatic crops) for food, fiber, fuel and ornament. Airfields, Landing Pads and Strips - Aircraft landing strips or heliports for agricultural crop dusting or personal use of the property owner or tenants, not available for public use, and with no commercial operations. "Aircraft" includes helicopters, all fixed wing airplanes, gliders, hang - gliders and ultra -light aircraft. Alley - A thoroughfare not more than 30 feet wide, other than a public road or street, permanently reserved as a secondary means of access to abutting property. Amortize - To require the termination of (a nonconforming use or structure) at the end of a specified period of time. Amusement and Recreational Facilities - Facilities such as auditoriums, billiard and pool establishments, bowling alleys, community centers, dance halls and studios, golf driving ranges, indoor motion picture theaters, miniature golf, parks, playgrounds and yoga and martial arts instruction. Animal Husbandry - A branch of agriculture for the raising or nurturing and management of animals, including breeding, pasturing, ranching and sales of animals. 4 Animals, Pet - Small domesticated animals such as dogs, cats, and birds, which are customarily kept for pleasure rather than utility. Animals, Wild - Animals which are wild by nature and not customarily domesticated in Ventura County. This definition does not include birds, small rodents or small, nonpoisonous reptiles commonly used for educational or experimental purposes, or as _pets. Antenna, Ground - Mounted - A device for transmitting or receiving radio waves which rests on or is located in or anchored to the ground. "Ground- mounted antenna" includes antennas supported by guy wires and similar mechanisms. Antenna, Roof - Mounted - A device for transmitting or receiving radio waves which rests on or is located on the roof of any structure. Apiculture - Beekeeping, which includes one or more hives or boxes occupied by bees (hives or boxes includes colonies), but does not include honey houses, extraction houses, warehouses or appliances. Application Requests - Include, but are not limited to, filings for zoning clearances, permits, variances, appeals, suspensions, modifications and revocations, interpretations, amendments and zone changes. Arcade - A commercial amusement establishment containing four or more game machines, electronic or otherwise, or similar amusement devices. Athletic Field - A level, open expanse of land intended to be used for organized team sports such as baseball, football and soccer. Automobile Impound Yard - A building or premises for the storage of motor vehicles, such as impounded or repossessed vehicles, where such vehicles are intended to be stored for more than a 24 -hour period. This definition shall not include automobile wrecking or salvage in any form. Automobile Service Station - A commercial activity, both retail and service in character, engaged in dispensing automotive fuels and motor oil; the sale and service of tires, batteries and other automobile accessories and replacement items; and washing and lubrication services. Activities associated with service stations do not include body and fender repair, painting or major motor repairs. This also includes such aforementioned facilities that are in conjunction with a Mini - Market. Aviary - Any place where more than 25 domestic birds are kept outside a dwelling; or any commercial aviculture that does not meet all standards of Sec. 8107 -1.2 (Home Occupations). Bathroom - A sink, a toilet, and a bathtub or shower. Bed - and - Breakfast Inn - A dwelling unit with one family in permanent residence wherein one to five sleeping rooms, and one or more meals, are offered for compensation to overnight guests. Belt Course - A projection of masonry or similar material around a building or part of a building, which is attached to the building. Boardinghouse - A dwelling unit with one family in permanent residence, where all rooms have internal access to one another, and wherein two to five rooms are rented to residents, with or without daily meals. Borrow Area - An area where soil, sand, gravel or rock is extracted and removed for use as fills, grades or embankments on property of a different ownership or noncontiguous property of the same ownership. Building- Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, chattel or property of any kind. Business Services - Uses such as advertising agencies, blueprinting and photocopying, computer and data processing services, coupon and trading stamp redemption services, drafting services, employment agencies, laminating of photographs, packaging services and telephone answering services. Camp - A rural facility with permanent structures for overnight accommodation and accessory structures and buildings, which is used for temporary leisure, recreational or study purposes, and provides opportunities for the enjoyment or appreciation of the natural environment. 11 Campground - A rural facility without permanent structures for overnight accommodation, but with limited accessory structures and buildings, which is used for temporary leisure or recreational purposes and provides opportunities for the enjoyment or appreciation of the natural environment. Caretaker - Means an employee who must be on the property for a substantial portion of each day for security purposes or for the vital care of people, plants, animals, equipment or other conditions of the site, and who does not have a possessory interest in the property. Chemicals - Includes such compounds as adhesives, explosives, fertilizers, industrial gases, ink, lacquer, paints, pesticides, pigments and dyes, sealants, shellac, synthetic fibers, synthetic resins, synthetic rubber, thinners and varnishes. Clubhouse - Any building or premises used by an association of persons, organized for some common purpose, but not including a gun club or an association or group organized to render, purchase or otherwise make use of a service customarily carried on as a commercial enterprise. Coastal Zone - That portion of the land and water area of Ventura County as shown on the "Coastal Zone" maps adopted by the California Coastal Commission. Commercial Vehicle - A device, as a motor vehicle or piece of mechanized equipment, for transporting passengers, goods, or apparatus for the purpose of engaging in commerce or having profit as the primary motive for using the vehicle. Commission - Shall mean the City Planning Commission. Communications Facilities - Include such uses and structures as radio and television transmitting and receiving antennas, radar stations and microwave towers. Community Center - A meeting place where people living in the same community may carry on cultural, recreational or social activities, but excluding any facility operated as a business or for commercial purposes. Compatible Use (T -P Zone) - Any use which does not significantly detract from the use of the property for, or inhibit, the growing and harvesting of timber. "Compatible use" includes the accessory retail sale of Christmas trees. Conference Center /Convention Center - An urban facility for the assembly of persons for study and discussion, which includes permanent structures for dining, assembly and overnight accommodation. 7 Contractor's Service and Storage Yard - An open area, which may include garages and sheds, for the storage of vehicles, equipment and materials which are associated with a contracting business or operation, where sales, manufacturing and processing activities are specifically excluded. Day Care Educational Facility - A Day Care Facility which provides the children with formal training to stimulate or develop the mental or moral growth of the children. Day Care Facility - Any type of licensed group day care program, including care of the developmentally disabled, nurseries for children of working parents, nursery schools for children under school age, parent cooperative nursery schools, play groups for preschool children or programs covering after - school care for school children. Decision. Administrative - Any decision made by the Director of Community Development, or his or her designee. Decision, Discretionary - Discretionary decisions require the exercise of judgment, deliberation, or decision on the part of the decision- making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision- making authority merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. Decision - Making Authority - An individual or body vested with the authority to make recommendations or act on application requests. The final decision - making authority is the one which has the authority to act on a request by approving or denying it. This may include the Director of Community Development or his designee, the Planning Commission, or the City Council. _Decision, Ministerial - Ministerial decisions are approved by a decision - making authority based upon a given set of facts in a prescribed manner in obedience to the mandate of legal authority. In these cases, the authority must act upon the given facts without regard to its own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance or regulation may require, in some degree, a construction of its language by the decision - making authority. Denial with Prejudice - Denial of an application request based on the desire or intent of the decision - making authority to limit the filing of requests to use a specific property or structure for a specific use. When an application is denied with prejudice, it is usually because two or more similar applications on the same property have recently been denied by the same decision - making authority. Denial Without Prejudice - Denial of an application request based on the desire or intent of the decision - making authority to not form an adverse opinion or judgement formed beforehand or without full knowledge or complete examination of the facts. Domestic Birds - Finches, myna birds, parrots and similar birds of the psittacine family, pigeons, doves, ravens and toucans. Drilling, Temporary Geologic - Bona fide temporary search and sampling activities which, in the case of oil- related testing, use drilling apparatus smaller than that used in oil production. Excluded from this definition is soil testing for wells, foundations, septic systems and similar construction. Dwelling - A building or portion thereof designed or occupied exclusively for residential purposes. Dwelling, Caretaker - A dwelling unit used by a caretaker, and his or her family, employed and working on,the premises. Dwelling, Farm Worker - A dwelling unit used by a farm worker, and his or her family, employed and working on or hired from the premises. Dwelling, Multi - Family - A building, or portion of a building, containing three or more dwelling units. Dwelling, Single - Family - A detached building constructed in conformance with the Uniform Building Code, or a mobilehome constructed on or after June 15, 1976, designed or used exclusively for occupancy by one family and containing one dwelling unit. Dwelling, Two - Family - A building containing two separate dwelling units. Dwelling Unit - One or more rooms providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation; but containing only one set of kitchen related fixtures capable of serving only one kitchen for the exclusive use of one family. Energy Production from Renewable Sources - Any facility or installation such as a windmill, hydroelectric unit or solar collecting or concentrating array, which is designed and intended to produce energy from natural forces such as wind, water, sunlight or geothermal heat, or from biomass, for off - site use. E Expansion- Increasing the area or volume occupied by or devoted to a use, increasing the living space or occupant capacity of a structure, or adding uses or structures accessory to a nonresidential use or structure. The following are not considered to be expansion: the addition of unenclosed porches, patio covers and the like; one enclosed addition of not more than 30 square feet to a dwelling; and the addition of detached accessory structures not for human habitation as accessory to a dwelling. Family - An individual, or two or more persons living together as a single housekeeping unit in a dwelling unit; includes residents and operators of a residential facility under the Community Care Facilities Act. Farm Worker - A person principally employed for farm work. Fence - An unroofed vertical structure which is intended primarily to serve as a visual screen or as a physical enclosure around a building or yard area for security, containment or privacy, or to indicate a boundary. This definition includes hedges, thick growths of shrubs, and walls used as screens, but does not include windbreaks for the protection of orchards or crops, or City approved enclosures for the containment of wild animals. See- Through Fence - A chain link fence or any other type of fence that permits at least 50 percent open visibility throughout the fence. Festivals and Similar Events - Events such as amusement rides, animal events, art shows, concerts, craft fairs, itinerant shows and religious revival meetings. Firewood Operation - Any commercial operation involving the cutting, sawing or chopping of wood in any form for use as firewood on property other than that on which the operation is located, irrespective of where such wood is grown. Fish Farm - Any lot or premises where aquatic animals, including mollusks and crustaceans, are raised commercially in an area not enclosed by a building. General Plan Consistency - Compatibility and agreement with the General Plan of the City of Moorpark. Consistency exists when the standards and criteria of the City of Moorpark General Plan are met or exceeded. 10 Government Buildings - A building, structure or other facility operated by a legally constituted Federal, State or local government authority, excluding a waste treatment facility. Grade - Adjacent ground level. For purposes of building height measurement, grade is the average of the finished ground level at the center of all walls of a building, or other datum point established by the Division of Building and Safety. Gross Floor Area - The area included within the surrounding exterior walls of all floors or levels of a building or portion thereof, exclusive of vent shafts and courts. Gun Club - Any building or premises where there are facilities of any sort for the firing of handguns, rifles or other firearms. Gymnasium - An indoor recreational or athletic facility for such uses as aerobics, gymnastics, racquetball, swimming, skating rinks, tennis and table tennis, trampoline operations and weight training; but not including amusement and recreational facilities as defined in this Article. Hazardous Material - A substance, or combination of substances, which, because of its quantity or concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating, reversible illness; or may pose a substantial present or potential hazard to human health or to the environment when improperly used, handled, treated, stored, transported, disposed of or otherwise managed. A material may be judged as hazardous if it is corrosive, reactive, ignitable or toxic. Hazardous Waste - A waste , or combination of wastes which because of its quantitiy, concentration, or physical, chemical or infectious characteristics may do either of the following: 1. Cause or significantly contribute to an increase in mortality or increase serious irreversible, or incapacitating reversible illness. 2. Pose a substantial present or potential hazard to human health or environment when improperly treated , stored, transported, or disposed of, or otherwise managed. Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include extremely hazardous waste and acutely hazardous waste. (Reference: Section 25117 California Health and Safety Code) Hazardous Waste Facility - All contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery disposal, or 11 recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of those units. (Reference: Section 25117 California Health and Safety Code) Height - The vertical distance from the adjacent grade to the highest point of that which is being measured. Building Height- The height of any building is the vertical distance from the grade to the highest point of a flat roof or mansard roof, or, in the case of a pitched or hip roof, to the "averaged midpoint," which is arrived at by the drawing of two imaginary lines between the finished main ridge line peak and the top of the two exterior finished walls running parallel to the main ridge line, adding together the vertical heights of the midpoints of these two imaginary lines, and dividing the result by two. The height of an A -frame structure is the vertical distance from the grade or other datum point to the peak of the roof. High Fire Hazard Areas - Certain areas in the unincorporated territory of the County classified by the County Fire Protection District and defined as any areas within 500 feet of uncultivated brush, grass, or forest - covered land wherein authorized representatives of said District deem a potential fire hazard to exist due to the presence of such flammable material. Home Occupation - Any commercial occupation conducted entirely within a dwelling or accessory structure by the resident(s) of the dwelling, which occupation is clearly incidental and secondary to the use of the residential lot for dwelling purposes and does not change the character of such residential use. Hospital - A licensed institution providing in- patient care or overnight accommodations for persons with illnesses, injuries, or other conditions, physical or mental, calling for medical treatment or observation, including one or more of the following basic services: anesthesia, laboratory, nursing, pharmacy, radiology, rehabilitation or surgery. Hospital for Large Animals - A facility providing acute veterinary care to horses or to cattle or other farm animals. Hotel - A building with one main entrance, or a group of buildings, containing guest rooms where lodging with or without meals is provided for compensation. Inoperative Vehicle - A vehicle which is not fully capable of movement under its own power or is not licensed or registered to operate legally on a public right -of -way. Tractors and similar farm vehicles that are used on a lot containing an established agricultural operation and are capable of movement Ewa under their own power are not considered to be inoperative vehicles. Intermediate Care Facility- A health facility which provides inpatient care to ambulatory or nonambulatory patients who have a recurring need for skilled nursing supervision and need supportive care, but who do not require continuous skilled nursing care. The term "intermediate care facility" shall include intermediate care facilities /developmentally disabled - habilitative for seven or more persons, nursing homes for seven or more persons, rest homes and convalescent homes. Kennel - Any lot or premises where five or more dogs or cats of at least four months of age are kept, boarded, bred or trained, whether in special buildings or runways or not. Lot - An area of land having fixed boundaries. Lot Area - The total area, measured in a horizontal plane, within the lot lines of a lot. Lot, Corner - A lot situated at the intersection of two or more streets or highways. Lot Depth - The mean horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines. Lot, Interior - A lot other than a corner lot. Lot, Legal - A lot which met all local Subdivision Ordinance and Subdivision Map Act requirements when it was created and which can lawfully be conveyed as a discrete unit separate from any contiguous lot; or a lot which has been issued a Certificate of Compliance or Conditional Certificate of Compliance pursuant to the Subdivision Map Act and the City Subdivision Ordinance and which can lawfully be conveyed as a discrete unit separate from any contiguous lot. Lot Line Front - A line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from the street, except for L- shaped lots. Side - Any lot boundary line which is not a front lot line or a rear lot line. Rear a. Rectangular lots- A lot line which is opposite and most distant from the front lot line. b. Triangular and irregularly- shaped lots - A line ten feet long within the lot, opposite and most distant from the 13 front lot line, which is parallel to the front lot line or parallel to the chord of a curved front lot line, where such chord is drawn perpendicular to the mean direction of lot depth. Lot, Reverse Corner - A corner lot, the rear of which abuts the side of another lot. Lot, Through - A lot other than a corner lot having frontage on two parallel or approximately parallel streets. Lot Width - The distance between the side lot lines measured at the front setback. Mineral Resource Development - The exploration for or extraction of surface or subterranean compounds and materials; this includes oil and gas exploration and production, and the mining of metallic and nonmetallic minerals, sand, gravel and rock. Mining - A form of mineral resource development involving the extraction and removal of more than 1,000 cubic yards of material from the same site, or from separate lots within one mile of each other that are owned or mined by the same person, through such activities and uses as borrow areas, sand, gravel and rock quarries, etc. Mining does not include extraction and removal of material from construction sites or following floods, landslides or natural disasters where the land is being restored to its prior condition. Mining, Accessory Uses - Uses customarily incidental, appropriate and subordinate to mining located on the same site, such as stockpiling, sorting, screening, washing, crushing, batching, and maintenance facilities. Mining, Public Works Maintenance - Mining, and its accessory uses, for periods of less than 9 months, which have been declared in writing by the Public Works Agency to be under its administrative control and which is necessary to alleviate immediate or foreseen threats to public health and safety, or the preservation of public facilities and structures. Said uses include such operations as cleaning out and aligning of channels and floodways, removing material to avert potential landslides, and accessory processing such as stockpiling, sorting, screening, washing, crushing, and batching of on -site material. Mobilehome - A structure, transportable in one or more sections, which when erected on -site measures eight body feet or more in width and 32 body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Motel- One or more buildings containing guest rooms with one or 14 more such rooms or units having a separate entrance providing entry directly from the outside of the building or from an inner court. Such facilities are designed, used or intended to be used, rented or hired out for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media. "Motel" includes auto courts, motor lodges and tourist courts. Motion Picture and Television Production - All uses related to the production of motion pictures and television film and tape, including motion picture and television stages; exterior sets; laboratories; construction, repair and storage facilities; caretaker and temporary housing; and accessory fabrication activities. Nonconforming Structure - A structure or portion thereof which was lawfully erected or altered and maintained, which, solely because of revisions in development standards of this Chapter dealing with lot coverage, lot area per structure, height, and setbacks, no longer conforms. Nonconforming Use - A use which was lawfully established and maintained but which, because of the application of this Chapter (1) is no longer permitted in the zone in which it is located or (2) is no longer in conformance with the parking requirements of the use in the zone in which it is located. Oil and Gas Exploration and Production. The drilling, extraction and transportation of subterranean fossil gas and petroleum, and necessary attendant uses and structures, but excluding refining, processing or manufacturing thereof. Open Storage - The placement or keeping of materials, equipment or other items such as boats, inoperative vehicles and building materials, in an area not fully enclosed by the walls of a building. Outdoor Sales and Services, Temporary - Such temporary outdoor uses as sidewalk sales (except swap meets), seasonal sales and auctions. Parcel - For the purposes of this Chapter, the word "parcel" shall have the same meaning as the word "lot" and the two words shall be synonymous. Park - An area of land available for public use, at least 75 percent of which is landscaped or otherwise left in a natural state, and which does not involve off -road motor vehicle uses of any kind. Parking Lot - An off - street parking facility containing four or more parking spaces. 15 Periodic Outdoor Sporting Events - Recreational events or activities, other than spectator -type animal events, which require a natural environment, are carried on by one or more organized groups of people, and do not involve structures, motorized vehicles, aircraft or firearms. Person - Any individual, organization, partnership, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof. Personal Goods - Items such as bristle goods, umbrellas, grooming items and tobacco paraphernalia. Personal Services - Enterprises serving individual necessities, such as barber shops, beauty salons and spas, clothing rental, coin - operated laundromats, funeral homes, marriage bureaus, massage services by masseurs /masseuses, personal laundry and dry cleaning establishments, photographic studios, tattoo parlors and travel agencies. Petroleum Refining- Oil- related industrial activities involving the processing and /or manufacture of substances such as: asphalt and tar paving mixtures; asphalt and other saturated felts (including shingles); fuels; lubricating oils and greases; paving blocks made of asphalt, creosoted wood and other compositions of asphalt and tar with other materials; and roofing cements and coatings. Planning Director - The Manager of the Department of Community Development of the of City of Moorpark in Ventura County. Pony A mature small horse or a young horse under 58 inches high at the shoulder. Preliminary Processing - Basic activities and operations instrumental to the preparation of agricultural goods for shipment to market, excluding canning or bottling. Private Road or Street - Any road, street, or thoroughfare of whatever nature, privately maintained which may or may not be open to the use of the public for the purpose of vehicular travel. Produce Stand - A detached accessory structure used to sell raw, unprocessed fruits, vegetables, nuts and seeds, and flowers and ornamental plants. Public Road or Street - Any road or street or thoroughfare of whatever nature, publicly maintained and open to the use of the public for the purpose of vehicular travel. Qualified Affordable /Elderly Housing Development - An affordable or elderly housing development which satisfies the requirements of the City and thereby qualifies for a density increase over 16 the applicable zoning or General Plan Designation. R -Zone - A zone classification under this Chapter which contains the letter "R" in its abbreviation, excluding overlay zones. Recreational Vehicle - A vehicle of any size which (a) is self - propelled or is towed by another vehicle, (b) is not designed to be used as a permanent dwelling, and (c) has self- contained plumbing, heating and electrical systems which may be operated without connection to outside utilities. Recreational vehicles do not fall within the definition of mobilehomes. Recreational Vehicle Park - Any area of land developed primarily for temporary use by recreational vehicles for which utility connections (sewer, water, electricity) are provided. Residential Care Facility - A facility providing nonmedical care on a 24 -hour basis to people who are mentally ill, mentally handicapped, physically disabled, or elderly, or are dependent or neglected children, wards of the Juvenile Court, or other persons in need of personal services, supervision, or assistance essential for sustaining the activities of everyday living or for protection of the individual. Included within this definition are "intermediate care facilities/ developmentally disabled- nursing" and "intermediate care facilities /developmentally disabled- habilitative" with six or fewer beds, and congregate living health facilities, pursuant to the Health and Safety Code. A facility is considered nonmedical if the only medication given or provided is the kind that can normally be self - administered. Rest Home - A licensed facility where lodging, meals, nursing, dietary and other personal services are rendered for nonpyschiatric convalescents, invalids, and aged persons for compensation. Excludes cases of contagious or communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums and hospitals. Retail Trade - Businesses such as auto supply stores, book and stationery stores, camera shops, clothing and fabric stores, department and variety stores, drug stores, florists, food stores, furniture stores, gift and novelty shops, hardware and paint stores, home furnishings stores, household appliance stores, jewelry stores, liquor stores, music stores, newsstands, pet stores, shoe stores, sporting goods stores, toy and hobby shops and used merchandise stores. Retreat - A facility which (a) is operated by a nonprofit organization; (b) provides opportunities for small groups of people to congregate temporarily on a site for such purposes as education, enlightenment, contemplation, renewal or solitude; and (c) by its nature, needs to be located in a quiet, sparsely - populated, natural environment. 17 M Riding Stable - A facility where horses or other equine animals are rented to members of the public for recreational purposes, where riding lessons are offered for compensation to people other than the owners of said animals, whether or not the riding occurs on the property on which the animals are kept. Roof - Structures - Structures for the housing of elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, solar collectors, wireless masts, T.V. antennas and similar structures. Schools, Boarding or Nonboarding - Educational facilities for pre- college levels of instruction; specifically limited to elementary, junior high and high schools offering full curricula as required by State law. Boarding schools are those which provide lodging and meals for the pupils. Second Dwelling - A detached accessory structure which has a bathroom and is intended for human habitation; or any detached accessory structure or attached room or other habitable area having accessory kitchen or cooking facilities. Structures referred to as guest houses, living quarters, granny flats and the like are considered to be intended for human habitation. A room or rooms having a bathroom and no means of internal access to the existing residence shall be considered a second dwelling. Setback - The minimum distance by which structures are to be separated from the boundary lines of the lot on which they are located, in order to provide an open yard area which is unoccupied and unobstructed from the ground upward. Setback, Front - An open yard area extending between side lot lines across the front of a lot, the depth of which is the required minimum horizontal distance between the front lot line and a line parallel thereto on the lot. Setback, Rear - An open yard area extending across the rear of the lot between the inner site lot lines which is the required minimum horizontal distance between the rear lot line and a line parallel thereto on the lot. Setback, Side - An open yard area extending from the front yard, or the front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest part of the side lot line. Shall and Mav - "Shall" is mandatory; "May" is permissive. Eli Sight Triangle - A triangular area on a corner lot, two of the sides of such triangle being formed by extending two imaginary lines from the corner of the lot adjacent to the street intersection at least 40 feet back to two points along the sides of the lot parallel to the two intersecting streets, the third side then being formed by the connection of such points. (See diagram) f 1 1 Signs - For sign definitions, see Article 10. Single Family Dwelling - A building or portion thereof designed or occupied exclusively for a one - family dwelling. Site - One or more lots planned and developed as a unit under one permit. Store - An enclosed building housing an establishment offering a specified line of goods or services for retail sale direct to walk -in customers. Structural Alteration - Any change in roof lines or exterior walls, or in the supporting members of a building such as foundations, bearing walls; columns, beams, girders, floor joists, roof joists, or rafters. This includes any physical change which could affect the integrity of a wall, including partial or total removal, moving a wall to another location or expanding the wall in terms of height or length. Minor actions such as adding a doorway, walkway, passage or window,. or attaching architectural features or adornments, are not considered to be structural alterations. 19 Structure - Anything constructed or erected on the ground, or that requires location on the ground, or is attached to something having a location on or in the ground. "Structure" does not include fences, or walls used as fences, less than six feet in height, or plant materials. Swap Meet - A market operating on weekends and holidays for the sale or exchange of merchandise at retail by a number of sellers. Tandem Parking - The placement of parking spaces one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space. Through Lot - See Lot, Through. Timber - Trees of any species maintained for eventual harvest for forest product purposes, whether planted or of a natural growth, standing or down, on privately or publicly owned land, including Christmas trees but excluding nursery stock. Townhouse Development - A subdivision consisting of attached dwelling units in conjunction with a separate lot or lots of common ownership, wherein each dwelling unit has at least one vertical wall extending from ground to roof dividing it from adjoining units, and each unit is separately owned, with the owner of such unit having title to the land on which it sits. Transportation Services - Establishments primarily engaged in undertaking the transportation of goods and people for compensation, and which may in turn make use of other transportation establishments in effecting delivery. This definition includes parking lots for overnight truck storage, and such establishments as commercial distribution services, freight forwarding services and freight agencies. Use- The purpose for which land or a building or structure is arranged, designed or intended to be used, or for which it is or may be used, occupied or maintained. Vehicle Abandoned - A device, as a motor vehicle or piece of mechanized equipment for transporting passengers, goods, or apparatus which has been deserted for a period of 72 or more consecutive hours. Wall - An upright structure of building material, as masonry, wood, or plaster, serving to enclose, divide, or protect an area, especially a vertical construction forming an inner partition or exterior siding of a building. Waste Treatment and Disposal - Public or private disposal facilities or transfer stations, operated for the purpose of recycling, reclaiming, treating or disposal of garbage, sewage, rubbish, offal, dead animals, oilfield wastes, hazardous waste, or other waste material originating on or off the premises. 20 Yard - An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise expressly provided herein. Yard, Front - A yard extending between side lot lines across the front of a lot, the depth of which is the minimum horizontal distance (setback) between the rear lot line and a line parallel thereto on the lot. Yard, Side - A yard extending from the front yard, or the front lot line where no front yard is required, to the rear yard; the width of the required side yard (setback) shall be measured horizontally from the nearest part of the side lot line. Zoning Clearance - A permit which certifies that a proposed structure and /or use of land meets all requirements of the City's Zoning Code and, if applicable, the conditions of any previously approved permit. 21 ARTICLE 3 ESTABLISHMENT OF ZONES, BOUNDARIES AND MAPS Sec. 8103 -0 - PURPOSE AND ESTABLISHMENT OF ZONES - In order to classify, regulate and segregate uses of lands and buildings; to regulate the height and size of buildings; to regulate the area of yards and other open spaces around buildings; and to regulate the density of population, the following classes of use zones and their subzones are established: Open Space (O -S) Zone Agricultural Exclusive (A -E) Zone Rural Agricultural (R -A) Zone Rural Exclusive (R -E) Zone Single - Family Estate (R -0) Zone Single - Family Residential (R -1) Zone Two- Family Residential (R -2) Zone Residential Planned Development (R -P -D) Zone Commercial Office (C -0) Zone Neighborhood Commercial (C -1) Zone Commercial Planned Development (C -P -D) Zone Industrial Park (M -1) Zone Limited Industrial (M -2) Zone Planned Community (P -C) Zone Specific Plan (S -P) Zone Sec. 8103 -1 - SUBZONES Sec. 8103 -1.1 - Lot Size Subzones - The size of lots created in each of the 0 -S, A -E, R -A, R -E, R -O, R -1, and R -2 subzones may be determined by a suffix number attached to the zone designation on the zoning maps. The application of said suffixes shall be consistent with the General Plan and Article 6. All other requirements of the zone contained in this chapter shall apply to the respective subzones. The suffix numbers shall only be assigned in 1000 square foot increments for lots of less than one acre and increments of one acre for lots of one acre or more. Unless designated as acres, suffix numbers from 1 through 43 are assumed to be in thousands of square feet. The application of suffix numbers shall not create lot sizes less than the minimum size specified for the various zones by this chapter. Where no suffix number appears, it is understood that the minimum lot size specified for that zone shall apply. Sec. 8103 -1.2 - Average Lot Size - The suffix "Av" may be added to any of the subzone designations listed in Sec. 8103 -1.1 (example: R- A -10Ac Av). When added to a given subzone designation, the Av suffix converts the lot size subzone suffix to an average size. When land is subdivided which has the Av 22 suffix, lots may be created which are no smaller in area than 80 percent of the applicable subzone suffix number, provided the collective average size of the lots created is not smaller than that required by the applicable lot size subzone suffix (example: R- A -10Ac Av x 80 percent = 8Ac Av). In computing the collective average size of newly created lots, only those lots which are no larger than 1.9 times the subzone suffix number may be counted (example: R- A -IOAc Av x 1.9 = 19Ac as the size of the largest lots that can be counted). Lawfully created lots in the Av subzone, not smaller than 80 percent of the applicable subzone suffix number, are deemed to be conforming as to lot area. Sec. 8103 -1.3 - Subzones for the R -P -D Zone,- Subzones for the R -P -D Zone may be established. The requirements for the R -P -D Zone shall apply to the respective R -P -D subzones except that the suffix for the R -P -D designation shall be the maximum number of dwelling units per acre followed by the letter "U" (example: R- P- D -25U). The subzones for the R -P -D Zone may be any number between R- P -D -1U and R- P -D -30U provided the maximum allowable density specified in the R -P -D Zone is not exceeded. R -P -D without the suffix subzone number shall allow a maximum of 30 dwelling units per acre. Sec. 8103 -2 - UNCERTAINTY OF ZONE BOUNDARIES - Where uncertainty exists as to the boundaries of any zone as shown on any zoning map or part thereof, the following rules of :construction shall apply: a. Boundaries Following Lot Lines - Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries. b. Boundary by Scaling - In the case of unsubdivided property and where a zone boundary divides a lot, the locations of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing on such zoning map. c. Boundary Upon Street Abandonment - Where a public street or alley is officially vacated or abandoned the zoning regulations applicable to abutting property on each side of the center line shall apply up to the center line of such vacated or abandoned street or alley on each respective side thereof. d. Determination of Uncertainties - In cases where the precise location on the ground of lines or boundaries depicted on the zoning maps is still uncertain after application of the above rules, the Planning Director is hereby authorized to resolve the uncertainty. 23 Sec. 8103 -3 - ESTABLISHMENT .AND CHANGES OF ZONE CLASSIFICATIONS - The establishment and changes of the zone classification on land in the City of Moorpark, shall be effected by ordinance adopting zoning maps in the manner set forth in Article 15 of this Code. 24 ARTICLE 4 PURPOSES OF ZONES Sec. 8104 -0 - PURPOSE - The categories and purposes of land use zones in the City of Moorpark are established as follows: Sec. 8104 -1 - OPEN SPACE /AGRICULTURAL ZONES Sec. 8104 -1.1 - Open Space (0 -S) -Zone - The purpose of this zone is to provide for the conservation of renewable and nonrenewable natural resources, to preserve and enhance environmental quality and to provide for the retention of the maximum number of future land use options while allowing reasonable and compatible uses on open lands in the City which have not been altered to any great extent by human activities. Sec. 8104 -1.2 - Acrricultural Exclusive (A -E) Zone - The purpose of this zone is to preserve and protect commercial agricultural lands as a limited and irreplaceable resource, to preserve and maintain agriculture as a major industry in the City and to protect these areas from the encroachment of nonrelated uses which, by their nature, would have detrimental effects upon the agriculture industry. Sec. 8104 -2 - RURAL RESIDENTIAL ZONES Sec. 8104 -2.1 - Rural Agricultural (R -A) Zone - The purpose of this zone is to provide for and maintain a rural setting where a wide range of agricultural uses are permitted while surrounding residential land uses are protected. Sec. 8104 -2.2 - Rural Exclusive (R -E) Zone - The purpose of this zone is to provide for and maintain rural residential areas in conjunction with horticultural activities, and to provide for a limited range of service and institutional uses which are compatible with and complementary to rural residential communities. Sec. 8104 -2.3 - Single-Family Estate (R -O) Zone - The purpose of this zone is to provide areas exclusively for single - family residential estates where a rural atmosphere is maintained by the allowing of a range of horticultural activities as well as animals for recreational purposes. Sec. 8104 -3 - URBAN RESIDENTIAL ZONES Sec. 8104 -3.1 - Sin le -Famil Residential R -1 Zone - The purpose of this zone is to provide for and maintain areas which are appropriate for single - family dwellings on individual lots. Sec. 8104 -3.2 - Two - Family Residential (R -2) Zone - The purpose of this zone is to provide for and maintain residential areas 25 allowing two single - family dwelling units or a two - family dwelling unit on lots which meet the minimum area requirements of this zone. Sec. 8104 -3.3 - Residential Planned Development (R_ P D) Zone - The purpose of this zone is to provide areas for communities which will be developed utilizing modern land planning and unified design techniques; this zone provides a flexible regulatory procedure in order to encourage: a. Coordinated neighborhood design and compatibility with existing or potential development of surrounding areas; b. An efficient use of land particularly through the clustering of dwelling units and the preservation of the natural features of sites; c. Variety and innovation in site design, density and housing unit options, including garden apartments, townhouses and single - family dwellings; d. Lower housing costs through the reduction of street and utility networks; and e. A more varied, attractive and energy - efficient living environment as well as greater opportunities for recreation than would be possible under other zone classifications. Sec. 8104 -4 - COMMERCIAL ZONES Sec. 8104 -4.1 - Commercial Office (C -0) Zone - The purpose of this zone is to provide suitable locations for offices and services of a professional, clerical or administrative nature. Sec. 8104 -4.2 - Neighborhood Commercial ( C -1) Zone - The purpose of this zone is to provide areas for retail convenience shopping and personal services to meet the daily needs of neighborhood residents. Sec 8104 -4.3 - General Commrcial (C -2) Zone - The purpose of this zone is to provide areas for shopping and personal services that is not limited to meet the daily needs of the immediate neighborhood. Sec. 8104 -4.4 - Commercial Planned Development (C P D) Zone - The purpose of this zone is to encourage the development of coordinated, innovative and efficient commercial sites and to provide areas for a wide range of commercial retail and business uses, including stores, shops and offices supplying commodities or performing services for the surrounding communit Y- Sec. 8104 -5 - INDUSTRIAL ZONES Sec. 8104 -5.1 - Industrial Park (M -11 Zone - The purpose of this zone is to provide suitable areas for the exclusive development 26 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. Sec. 8104 -5.2 - Limited Industrial (M-2) Zone - The purpose of this zone is to provide suitable areas for the development of a broad range of industrial and quasi- industrial activities of a light manufacturing, processing or fabrication nature, while providing appropriate safeguards for adjoining industrial sites, nearby nonindustrial properties and the surrounding community. Sec. 8104 -6 - SPECIAL PURPOSE ZONES Sec. 8104 -6.1 - Planned Community (P -C) Zone - The purposes of the P -C Zone are: a. To provide for the unified planning and diversified urban communities which reflect modern site design standards and concepts and incorporate a variety of uses, while providing for the separation of incompatible uses; b. To encourage the provision of a broad range of community facilities, including recreational and commercial; and c. To provide for flexibility in the design and development of such communities. Sec. 8104 -6.2 - Specific Plan (S -P) Zone - This suffix shall be used for property that is subject to a specific plan. The purpose of this suffix is to provide the City with a zone that allows for development with a comprehensive set of plans, regulations, conditions and programs for guiding the orderly development of the Specific Plan Area, consistent with the City's General Plan; and that the specific plan shall serve as the zoning regulations. Sec. 8104 -7 - OVERLAY ZONES - The purpose of overlay zones is to superimpose particular zones on existing base zones, thus establishing additional regulations and either reducing or extending permitted uses. 27 ARTICLE 5 USES BY ZONE Sec. 8105 -0 - PURPOSE - Sections 8105 -4 and 8105 -5 list in matrix form the uses that are allowed under this Chapter. Sec. 8105 -1 - USE OF MATRICES Sec. 8105 -1.1 - The following symbols indicate the type of permit required for uses allowed in each zone(unless otherwise indicated in City Council Resolution No. 86 -276): Not permitted Permitted ® Planning Director - approved Planned Development Permit 0 Planning Commission- approved Planned Development Permit IM Planning Director- approved Conditional Use Permit ® Planning Commission- approved Conditional Use Permit City Council- approved Conditional Use Permit City Council - approved Planned Development Permit (ADD.ORD.3759- 1/14/86) (ADD.ORD.3749- 10/29/85) NOTE: Approvals subject to change by City Ordinance Sec. 8105 -1.2 - Uses shown in the matrix legend as "Permitted" require a Zoning Clearance unless exempted-under Sec. 8105 -3 below. Sec. 8105 -1.3 - Each use is subject to all of the provisions of this Chapter. Sec. 8105 -1.4 - For the purposes of this Article, any use listed in matrix form which is indented shall be construed as a subheading of the heading under which it is indented. Sec. 8105 -1.5 - Any use requested as an accessory use which is listed in the matrix at Sections 8105 -4 and 8105 -5 as a main use shall be processed in accordance with the indicated requirements of the main use. (AM.ORD. 3730 - 5/7/85; AM.ORD. 3749 - 10/29/85; AM.ORD.3810- 5/5/87) Sec. 8105 -1.6 - The abbreviations used in Sections 8105 -4 and 8105 -5 are to be interpreted as follows: agric. - agriculture GFA - gross floor area H.. &S.C. - Health and Safety Code prelim. - preliminary 28 sq.ft. - square feet W. &I.C. - Welfare and Institutions Code Sec. 8105 -1.7 - In accordance with Sec. 8101 -3, the only uses permitted are those listed as such in this Chapter. The following list of specifically prohibited uses is provided for informational purposes, and is not intended to be comprehensive: a. Nuclear powerplants; b. Public polo events; C. Racetracks for horses or motorized vehicles; d. Stadiums; e. The parking of motor vehicles on vacant land containing no principal use; f. Retail sales from wheeled vehicles, except as permitted pursuant to Sec. 8105 -3s. Sec. 8105 -2 - USES NOT LISTED - Where a proposed land use is not identified in this Article, the Planning Director 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 Article, if any, is equivalent to that proposed. Sec. 8105 -2.1 - Upon a written determination by the Planning Director 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. Sec. 8105 -2.2 - Determinations that specific unlisted uses are equivalent to listed uses shall be recorded by the Planning Department, and shall be considered for incorporation into the Zoning Ordinance in the next scheduled ordinance amendment. Sec. 8105 -3 - 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 8111- 2.2.1a and all other provisions of this Chapter: a. Public works projects constructed by the City or its contractors; b. Ordinary maintenance and minor repairs to buildings, not involving structural alterations; c. Permitted crop production, including packing, storage or preliminary processing of crops, where no structures are involved; 29 d. Permitted underground fuel storage; e. Permitted open storage (see Article 7); f. Signs which are exempt under Section 8110 -3; g. Permitted pet and farm animals (see Sec. 8105 -4 and Article 7); 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 Article 6), when constructed no more than 30 inches above the surrounding finished grade; j. Fences and walls six feet or less in height (see Article 6). k. Soil testing for wells, foundations, septic systems and similar construction; 1. Swimming, wading, or ornamental pools designed for a water depth of less than 18 inches; M. Small public utility structures, such as electrical boxes, transformers and valve apparatus, that have no covered floor area and are attached to the ground by poles, columns or pedestals; n. Sales or leasing of commercial or industrial office space within an existing building on the same site as the unit or units being sold or leased; o. Play structures, outdoor furniture, and the like, which are exempt from setback requirements pursuant to Sec. 8106 -3; 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 day in any seven -day period, provided that such filming does not involve open flames, explosives, or the construction of sets or other structures; 30 q. Grading, except for that which is proposed within an overlay zone and requires a discretionary permit pursuant to Article 9; r. Removal, relocation or destruction of trees or native vegetation, except within an overlay zone wherein such trees or vegetation may be protected, pursuant to Article 9; s. The following types of retail sales from wheeled vehicles, subject to the requirements of all other City departments: (1) Trucks from which food is sold to employees of commercial and industrial businesses along a predetermined route, provided that such trucks are not in any location for more than one -half hour per day; and (2) Vehicles parked on the site of a permitted swap meet, carnival, outdoor festival or similar event, and selling food during such event. 31 Sec. 8105 -4 - PERMITTED USES IN OPEN SPACE AGRICULTURAL RESIDENTIAL Ags AND SPECIAL PURPOSE ZONES OS AE RA RE RO RI R2 RPD TP tculture and a ricultural operations no retail except as indicated Animal husband Without structures (1) O O O O With structures-. total GFA per lot: UP to 1,000 a .ft. Over 1,000 to 5,000 a .ft. Over 5.000 to 20,000 s .ft. Over 20.000 to 100 000 s .ft- Over 100.000 s .ft. Apiculture* O 001 O e O Q e Q O O Fish farms e e More animals than are permitted by Sec. 8107 -2.2 e e Contractors' service and storage yards and buildings Q� Q Crop production (1) Firewood operations 0000 e e O 000 Greenhouses hothouses and the-like; total GFA per lot:} up to 1.000 sq.ft. 1,001 to 20,000 s .ft. 20,001 to 100 OOO.s .ft. Over 100 000 s .ft. ` Packing or prelim. processing. within structures-, total GFA per lot (2): O 00 O Q e e Q Q Up to S 000 s .ft_ O o6S 001 to 20,000 a .ft. e 20,001 to 100 000 s .ft. e Q Over 100,000 s .ft. Timber. trowinIt -and harvestint, and compatible uses O Q O 4 Dwellings, farm worker- viore than one er'lot Q 0 Wineries to 2,000 a .ft. structure O O 2,001 to 20,000 s .ft. structure e Q Over 20 000 s .ft. structure Q 'Q With public tours or tastint rooms Q Q Accessory structures To animal husband Dwellia caretaker IE)Q see With Struetur�s abov e More than one er lot IQ�Q 1 1 Offices ie Qe To crop production including storage see Greenhouses Dwelling. farm worker: On lots of 60 acres or more Je, e On lots less than 40 acres Q�GQ More than one per lot Offices 8 �� Produce stands retail* O 0 * There are specific regulations for this use; see Article 7. (1) See also Sec. 8105 -3. (2) See Article 8 for parking standard. 32 OS AE RA RE RO RI R2 R" TA Agriculture eoutd. Accessory uses including open storage* (1) 00010 Q Fuel storage (1) 10101 O Insectaries for pest control 00 Packing, storage or prelim. rocessin 1 of crops: Without structures O Q O Airfields and landing ads and strips, private .-� Q Q Animals none ricultnral see also Dwellings, accessory uses & structures see Animal husbandry Xennels Q Wild animals Boardinghouses and bed -and- breakfast inns Q Q Q Q Q Care facilities* see also B.SS.C. and W.SI.C. State w reor 7-n o y Day: Care of 12-or fever persons s f fa ' f 7 -12 s a 00101000010 Care of 13 or sore persons ie e e e e e Intermediate: Care of 7 or more persons sea Definitions) Q Q Q Q Q Residential: Care of 6 or fever persons 0 1000000 Care of 7 or more persons Cemeteries Q Q Q Q Q Q Accessory crematories columbaria and mausoleums Q Q Q Churches synatogues and other buildings used for religious worshipQ Q Q Q Q Clubhouses _(no alcoholic bevera es Communications facilities e e e e e e e Drillint, temporary eolo ie (testing only) e e Dweilia single-family* (Z) R -P -D zone: see also note 7 below ) 0100010001 oe Mobileho coutinuint nonconformin e e e e e e Affordable or elderly, built pursuant to Article 16 Dwellings, twO-fAmtlT, or two single-family dvellia s (2) Q Affordable or elderly, built pursuant to Article 16 Dwellings, multi-family0 Affordable or elderly, built pursuant to Article 16 ITU Dwellings, accessorr structures For human habitation: Mobilehome RP as temporary dwelling during construction* Q 000 Q Q Q Second dwelling* Q 1010101010101 Not for human habitation with or without bathroom • GFA including_ existing accessory structure: Up to 400 s .ft. O O Q Q Q O Over 400 to 1000 s .ft. 000 Q Q O Over 1000 s -ft. .per structure;_or over 2000 .. er ot e e 0 Q 0 Anteaaas round - counted noacommercial above 40 feet* e e e e e e There are specific regulations for this use; see Article 7. (1) See also see. 8105 -3. (2) See Article 8 for parking standard. 33 0S AE RA RE RO R1 R2 RPO TP Dwelling*, accessary uses Animals 1 00000100 Apiculture* Aviaries Fare animals* other than horses /ponies) Horses oases* Pet animals* More animals than are permitted Sec. $107 -2.2 Wild animals Commercial uses minor, for project residents see Section $109 -1.2.5 He.e et atioas* atera a * 1 Education and trainin e O e e O 0 0 0 6 r1 iv O O O e O O O O O O O Q e Q e e e e 0101 O O 0 O O OI O 0101 O Colleges and universities I Q Schools elementary and seconds (boarding and noaboardin O Q Q Q Q Q Enerry Production from renewable sources Q milar events t ors outdoor Festiv :ls and si Goverment buildings Correctional institutions e Q Q Q e Q Q Q Q Q Q Q Fire stations Law enforcement facilities Grad ia (1) Within an overlay zone He itals Hospitals for large saismis e 0 Q 0 Q 0 Q X010VO Q Q see Artiele 9 Q Libraries Mineral 'resource development Q Q Q Q Q Q Q Q Q ftnint and aeeesse uses* Q Less than 9 months to duration Public Works maintenance *Oil and as a loration and roductioa* ?lobilebose arks* Model bases /lot ssle9 *: 2 Years e e e 8 O Q e O e Q O Q O Q 0010 Q Q O OHO O O More than 2. ears Motion Picture and TV reduction and related activities and structures e Q Q e e O e Q e e O e Q e e O e Q e e O 9 Q 8 e O e Q ieD, Q Q Temporary =aYimia• 42 day s in an 1$0 -da eriod)* (1) Pipelines and transmission lines aboveground* Public utilit facilities excluding offices and service yards 1 *There are specific regulations for this use; see Article 7. (1) See also Sec. $105 -3. 34 OS AE RA RE RO R1 R2 RPO TP Recreational. .. Campgmunds Conununity centers For farm workers and nonprofit farm community.organization3 Flelds. athletic Geothermal spas Z;Lf Courses. except -Irdature golf Parks [](UM With buildings C�1r�INONOMW rWX C 0AR 0 Periodic outdoor sporting events IMMMMMMMMMM Recreation projects. County-bdtiated Caretaker recreational vehicle- accessory 'no r•1c•�r• M . • Retreats *: WIthout sleeping facilities With sleeping facilities Riding stables With accessary 10—crg—Ag acinfl—es shooting ranges and gun clubs .. ., . ..r ... c•�c01c01rlr• �c•�r.� • • Trees and native vegetation: Removal. on or damage nc•�r•�c•�nnn • no Within Uses .. .(other . , .. _ ... c•�nnnrlrl .o To a use requiring a .. Permit Dwelling. caretaker Waste treatment and disposal Wa-fEr--p�uctlon. storage ..... t—�c MM—MM—MM * There are specific regulations for this use; see Article 7. (1) See also sec. 8105 -3. (2) Most public water facilities are exempt from these regulations. 35 Sec. 8105 -5 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONE CO CI crn Mr Alrflelds and landing pads and strips. to Airports ® = Amusement and recreational facilities (see Definitions) Amusement parks and carnivals Arcades Batting cages and golf driving ranges. indoor Bicycle racing tracks, outdoor Gymnasiums (see DeiWUons) Motion picture theaters. outdoor (drive -in) Racetracks (for motorized vehicles). shooting ranges and stadium Prohibited Art galleries. museums and botanical gardens Automobile service stations Banks and related financial ofIIaes and Institutions Bars. taverns and nightclubs Care facilities: For 7 or more persons ' (see also EL & S. C. and W. & 1. C.) Day (1) (2) Intermediate and residential Car washes. self- service or automatic Cemeteries, columbaria and mausoleums Crematories: accessory Churches. synagogues and other buildings used for religious worship Clubhouses With alcoholic beverages Club projects. temporary outdoor Communications facilities Radio and television broadcasting stations Conference Center /Convention Center Contractors' service and storage yards and buildings Crop production (3 ) Firewood operations . Uses and structures. accessory Dwelling. farm worker (maodmum one per lot) Fuel storage (3 ) Ofl)ces Packing. Prellminary processing or storage of crops: Without structures (3) Produce stands. retail • Dog and cat grooming Drilling. temporary geologic (testing only) iEd ' There are specific regulations for this use; see Article 7. (1) If there is an existing Planned Development Permit for the site, the child day care facility could he Permitted by approval of a modification to the existing Permit. (2) For M -1, M -2, and C-0 Zones, a child day. care facility would only be permitted where sponsored by or permitted within an industrial or commercial use on the same site. 3) See also Sec. 8105 -3. C2 CO C1 CPO of n2 Education and training College* Sad universities Q Schools: Elementary sad secoada aonbcardin only) (1) (2) (D 0 (D (D m Schools: Professional vocational art craft and self-improvement e e (D (D Energy roduction from renewable sources e Festivals Sad similar events teavocary outdoor e Government buildings, excluding correctional institutions Fire stations 2 QD � Q Q Grading (3) O 01010 O Within an Overlay =one See Article 9 Health services such as Professional offices and out- atient clinics a (D Ambulance services Q e Kos itals Q Q Pharmacy, accessorY retail for Prescription Pharmaceuticals only (D Hotels motels and boardinghouses Kennels Laboratories: Research and scientific Kedical and dental Libraries and information centers Manufacturing industries (1) (DA APParel and related roducts (D m Dreaamakia and tailor shop* Chemicals ases and related Products see Definitions),- excluding nerve gas Dross, Pharmaceuticals, erfumes, cosmetics and the like Soa s" deterrents and cleaners " Electrical and electronic machinerY, equivaeut and supplies Batteries Q Household appliances 0 Transmission and distribution equipment, and industrial a aratus -• Q Food and related Products Alcoholic beveia es Q BakerT products !feat seafood and Roultry ackin lams Q Slau hterin - refining and rendering of aaimal fats and ails Sugar refining Furniture and related fixtures Iastsvmeats: He asuria ...i—int and coatrollin Jewel silverware and plated ware ® e Leather and leather products Tanning, curing and finishing of aides and skins Lumber and wood roducts and processes Cabinet work P1 ood Particleboard and veneer manufacture; wood preserving (D a) Sawmills and lapin mills x There are specific regulations for this use; see Article 7. (1) 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. (2) For M -1, M -2, and C-0 Zones, a school facility would only be permitted where sponsored by or permitted within an industrial or commercial use on the same site. (3) See also Sec. 8105 -3. 37 C2 co c1 cPD M1 M2 Manufacturing industries cont'd. machinery, except electrical Office computiss and accounting machines e Metal industries primacy Rolling, drawialt and extruding e Metal Products, fabricated e Aasuaition Machin" hops s m j(V Plati0t, Polishing, anodizing, en%rzvint and related operations a (D Musical *instruments, includint pianos and az ins a 10 Paper and related vroducts Products from paper and paperboard, iaciudin containers e Peas eneils and other office and artists' materials e Personal toads m I m Petroleum refining and related industries Photo ra bie medical and optical Itoods, and vatches and clocks e m Printing, Publishing and related industries e Print shops to 1500 s .ft. of gross floor area Rubber and plastics products Q Tire retreading and recapping Signs and advertising displays e Stone CUT and lass products Q Asbestos products Cement concrete sum and plaster, and products fabricated' therefrom Q Glass and Itlasware, pressed and blown including flat Klass Glass roducts made of purchased slass Rock esnshin "and saudblastia lints Textile mill priducts Tobacco roduccs Toys and amusesent s ertia and athletic goods a) I(DI Trans station e uip6e6t Q Motorcycles.' bi les and related pacts Mineral resource development Mining and accessory uses* Less than 9 months is duration e e Public Weeks maintenance 00 O O 10 Oil and las-exploration and production* e e Motion picture and TV production, and related activities and structures elOt e e e Temporary maximum 42 days is any 180-da period)* (1) • Q 01 Q O 10 Offices: business professional i administrative except health A veterinary (D m i(1) m i C Parkin lots (D 191 (D (D (U Pipelines and transmission lines above round 1 e e e * There are specific regulations for this use; see Article 7. (1) gee also Sec. 8105 -3. 38 C2 CO C1 CPO M1 M2 Propulsion (en tine) testing Public utility facilities Offices only m (D e (D m l Servtee ards Recordint studios and sound stages (D Q 1 Rental and leasing of durable goods Q e IGI Bicycle rental (D Repair and reconditioning services i e e e Automobile bodywork and painting Automobile r sir includialcomponent repair i Q e 81 -Electrical and electronic machinery and equilmmut e Kea= sachinerr repair, including trucks tractors and buses m 1 Instruments Including musical instruments (1) m I Office a omputing and accounting machines e Photo a hie and optical goods . Repair of ersonal goods such as Jewelry, shoes and saddle (D (D Restaurants cafes sad cafeterias (D (D e e Retail trade see Definitions) Q Christmas tree sales* - O O Feed stores e Luaber and building miterials sales yards Q Q ' Hail order houses• aoastore lfetor vehicle 41obilehome recreational vehicle and boat dealers* tID(D Nurseries Uses and 'structures. accessory See vribelial use Outdoor sales and services 't ora see Definitions 00 Revair of products retailed 0101 Salvage Yards, Including automobile wreckint yards Service establishments Business (see Definitions ) e Auction halls not involving livestock I I e IG dD Disisfectia and exterminatin z services Q i Q e Exhibits building of m I Industrial laundries and dry cleaning plants SiZE Painting and lettering shops (D (D IDI Personal see Definitions Signs See also Sec.6105 -3 and Article 10 010 Q 1-0-TO-1 Freestandia off -site sdiertisia signs e swap meets Taxidermy Transportation services see-Definitions a (M Bus and train terminals Q Stockyard*. not grimartly for fattening or selling livestock Truck storage. overnight I d * There are specific regulations for this use; sat Article 7. (1) 8041 also 8410. 8103 -3. 39 C2 CO C1 CPD H1 d2 [11 n ()I n 10 F(51 Trees and native ve ematlOa: aemv -- -- -- - See Article 9 Within an overlay zone vrincival use Uses and structures accessorySee e e e e Dwelling, for superintendent or owner e e i Dwelling, caretaker O O Came machines: Three or fewer m l Recreational facilities restaurants and cafes: For employees onl O O I Retail sale of roducts manufactured on -site O O O 1 Temporary buildings during construction* O O Vaccination clinics temporary. for pet animals* Q e Veterinary clinics et animals only* �, Warehousing and storage, including ministor: e Automobile impound yards-, dead storage of trucks buses and the like I e m I Building materials movers' equipment and the like: Indoor I Outdoor Fertilizer and manure Hazardous materials including pesticides-and herbicides Petroleum and gas (butane propane, LPG etc.)! explosives and fireworks Recreational vehicles 101 0100 Q O Story a of building materials temporary* Waste treatment and disposal see Definitions Recycling facilities and centers (1) (2) e e e- 81 Q Water production, storage and distribution facilities: Private purveyors (D 10 Wholesale trade Zoolo ical vardenx animal exhibits and commercial aquariums * There are specific regulations for this use; see article 7. (1) See also Sec. 8105 -3. (2) Most public water facilities are exempt from these regulations. 40 ARTICLE 6 LOT AREA AND COVERAGE, SETBACKS, HEIGHT AND RELATED PROVISIONS Sec. 8106 -0 - PURPOSE - The purpose of this Article is to set forth specific development standards which are applicable to the zones specified, and to delineate certain instances where exceptions to the requirements are allowed. Sec. 8106 -1 lists in matrix form specific development standards applicable to specific zones. Sec. 8106 -1 SCHEDULES OF SPECIFIC DEVELOPMENT STANDARDS BY ZONE - The following tables indicate the lot area, setback, height and building coverage standards which apply to individual lots in the zones specified. For qualified affordable /elderly housing developments in the R -1, R -2 and R -P -D zones, see Article 16, Section 8116 - 4.2.1, for reduced minimum development standards that may available. Sec. 8106 -1.1 - Development Standards for O -S, A -E and R -Zones (a) Zone suffix (Sec. 8103-1) may require greater minimum lot area. See Sec. 8106 -2 for other exceptions. (b) See Sections 8106 -5 and 8106 -6 for exceptions. See Sec. 8106 -4.3 for flag lot setbacks. (c) See Sections 8106 -5, 8106 -7 and 8106 -8 for exceptions. (d) Minimum lot area per dwelling unit: 3.500 square feet. (e) Minimum density; one dwelling unit per acre] maximum density: 30 dwelling units per acre. (f) See Sec. 8106 -5.11 for exception. 41 REQUIRED MINIMUM SETBACKS(b) MAXIMUM STRUCTURE HEIGHT MINIMUM FRONT S I D E REAR ZONE LOT MAIN EXCEPTIONS ACCESSOR7 AREA D=ICM MW atvras c: (MA-IN STRUCTURE STRUCTURE ROME COCCSSa sr:aT sms STRUCTURE) O-S 10 ACRES 10' 20' HEIGHT car¢ AS A -E 40 ACRES FAIII 20' MAY BE INCREASED sTRUnross te)_ R -A ONE ACRE •15' 25' ABOVE 25' (TO mAxIMUM R -E SQ.0FT. 5' 10' 351) IP 20.000 A-0 SQ.FT. EACH SIDE YARD IS AT IS' (c) R -1 6.000 SQ.FT. 20. (f) LEAST 15' R -2 7.000 SQ.FT.(d) R -P -D AS srccsszra By PIMT(.)• SEE SECTION 8109 -1.2.2 . 35' AS SPECIFIED PERMIT (a) Zone suffix (Sec. 8103-1) may require greater minimum lot area. See Sec. 8106 -2 for other exceptions. (b) See Sections 8106 -5 and 8106 -6 for exceptions. See Sec. 8106 -4.3 for flag lot setbacks. (c) See Sections 8106 -5, 8106 -7 and 8106 -8 for exceptions. (d) Minimum lot area per dwelling unit: 3.500 square feet. (e) Minimum density; one dwelling unit per acre] maximum density: 30 dwelling units per acre. (f) See Sec. 8106 -5.11 for exception. 41 Sec. 8106 -1.2 — Development Standards for Commercial, Industrial and Special Purpose Zones (a) Sae Sec. 8106 -5 for exceptions. See See. 8106 -4.3 for flag lot setbacks. (b) See Sec. 8109 -4.3. (c) Minimum project area. (d) A 30 -foot setback, in conjunction with appropriate opaque screening, may be required (1) when the Industrial sit* is adjacent to or across the street from an R -zone; (2) to maintain uniformity with existing adjacent development; or (3)..on the basis of the configuration of the industrial site. (e).AM.ORD.3810- 5/5/87 NOTE: For all commercial and industrial zones, buildings shall be setback from the following streets as follows: Los Angeles Avenue, New Los Angeles Avenue, Moorpark Road, Moorpark Avenue, Gabbert Road, Poindexter Avenue, plus any street with or planned for four(4) or more travel lanes, as shown on the adopted Circulation Element, thirty (30) feet for the front yard and twenty (20) feet for the side yard. From all other streets the setback shall be twenty (20) feet for the front yard and ten (10) feet for the side yard. Said setbacks shall be landscaped, except for front -to -back driveways and walkways, and shall not be used for parking. Sec. 8106 -2 - EXCEPTIONS TO LOT AREA - The following are exceptions to the minimum lot area regulations stated in Sec. 8106 -1: Sec. 8106 -2.1 - Water Well Sites - A water well site or sites, each no more than 1200 square feet, may be created on a lot for the sole purpose of transferring, by lease or sale, possession of the well and so much of the land around the well as may be necessary for use of water from the well for agricultural purposes only. 42 MINIMUM MAXIMUM REQUIRED MINIMUM SETBACKS (a) MAXIMUM STRUCTURE HEIGHT FROM EACH MAIN EXCEPTIONS ACCESSORY ZONE LOT BUILDING AREA COVERAGE STREET INTERIOR YARD STRUCTURE 4HAIM S"UCtuest STRUCTURE 502 OF FRONT: 20' NONE PROVIDDED1eM.1r -ANT, HEIGHT MAY C -0 LOT AREA SIDE: S' SIDI IS ADJACENT TO t -ZONED noKATT. Tea BE 10 FEET oe TWIT SIDS 25' INCREASED NO S FEET IF ADJACENT TO (TO MAXIMUM C -1 REQUIREHENT 5 FEET AN R -ZONE; OTHERWISE 60') WITH AS ON CORNF3 AS SPECIFIED BY PERMIT PLANNING C -P-D SPECIFIED LOTS (a) 33 ' BY PERMIT (e) COMMISSION C.U.P. AS SPECIFIED T -P (b) AS SPECIFIED 25' BY PERMIT BY P -C 100 ACRES (c) SEE SECTION 8109 -4.2.1 SEE SEC. 8109 -4.2.1 PERMIT MAY BE 20' (d) S FEET IF INCREASED AS ADJACENT TO 30' TO 60' WITH SPECIFIED AN R -ZONE; PLANNING M-2 10.000 BY 15' (d) OTHERWISE AS DIRECTOR SQ.PT. APPROVAL PERMIT (e) SPECIFIED BY PERMIT AS MLIU st So• 14-3 10' (d) (d.$) SPECIFIED Lou �Tnx too# BY PERMIT or k -tosto Paortm (a) Sae Sec. 8106 -5 for exceptions. See See. 8106 -4.3 for flag lot setbacks. (b) See Sec. 8109 -4.3. (c) Minimum project area. (d) A 30 -foot setback, in conjunction with appropriate opaque screening, may be required (1) when the Industrial sit* is adjacent to or across the street from an R -zone; (2) to maintain uniformity with existing adjacent development; or (3)..on the basis of the configuration of the industrial site. (e).AM.ORD.3810- 5/5/87 NOTE: For all commercial and industrial zones, buildings shall be setback from the following streets as follows: Los Angeles Avenue, New Los Angeles Avenue, Moorpark Road, Moorpark Avenue, Gabbert Road, Poindexter Avenue, plus any street with or planned for four(4) or more travel lanes, as shown on the adopted Circulation Element, thirty (30) feet for the front yard and twenty (20) feet for the side yard. From all other streets the setback shall be twenty (20) feet for the front yard and ten (10) feet for the side yard. Said setbacks shall be landscaped, except for front -to -back driveways and walkways, and shall not be used for parking. Sec. 8106 -2 - EXCEPTIONS TO LOT AREA - The following are exceptions to the minimum lot area regulations stated in Sec. 8106 -1: Sec. 8106 -2.1 - Water Well Sites - A water well site or sites, each no more than 1200 square feet, may be created on a lot for the sole purpose of transferring, by lease or sale, possession of the well and so much of the land around the well as may be necessary for use of water from the well for agricultural purposes only. 42 Sec. 8106 -2.2 - Park and Recreational Facilities - Any lot area reductions granted to subdividers before the effective date of this Chapter under the Community Park and Recreation Facilities provisions of the previous Zoning Ordinance and recorded with the final map shall remain in effect in accordance with Section 8111 -9.1 of this Chapter. Sec. 8106 -2.3 - Fire Stations for a lot in the O -S, A -E or thereof during the period of entity for present or future dedicated to a public entity zones or any subzones thereof - There shall be no minimum area R -A zones or any of the subzones time the lot is held by a public use as a fire station or is for such use. Any lot in such which: a. was created by a conveyance of a portion of a larger lot to a public entity for present or future use as a fire station, or was created by a subdivision map which dedicated the lot to a public entity for such use; and b. would have been nonconforming at the time of such creation if it had not been conveyed or dedicated to a public entity; and c. does not conform to minimum area requirements applicable to other lots in the same zone or subzone which have not been conveyed or dedicated to a public entity, may not be used for any purpose other than a fire station site by the public entity or its successors in interest. Sec. 8106 -3 - PURPOSE AND USE OF SETBACKS - The setback regulations are intended to prevent the overcrowding of land, provide privacy, preclude narrow, unusable spaces between buildings and provide clear areas for fire safety purposes, both to retard the spread of fire and to enable emergency personnel to reach side and rear areas of buildings. The setback regulations are intended to apply to buildings with foundations, and other structures such as those for parking and storage, whether or not they have foundations, and to open storage. The regulations are not intended to apply to trees or other natural vegetation, nor to construction that does not extend above grade level, nor to pools designed to hold less than 18 inches of water depth, nor to such things as outdoor furniture or unenclosed play structures for children (except if designed for use with wheeled footwear or vehicles of any kind), provided that such items are placed so as not to hinder the above objectives. No required setback shall be used for parking or storage of any vehicles, nor for open storage or garages or other accessory buildings, except as specifically provided in this Chapter. Sec. 8106 -4 - MEASUREMENT OF SETBACKS Sec. 8106 -4.1 - Measurement of Rear Setback from an Alley - In computing the depth of a rear setback for any lot abutting an alley, the setback may be measured from the midpoint of the rear alley. 43 Sec. 8106 -4.2 - Setbacks from Easements - If the only means of access to one or more lots is by way of an easement, the easement shall be considered as a street for purposes of determining setbacks on lots over which the easement passes. Sec. 8106 -4.3 - Determination of Setbacks for Flag Lots - In the case of "flag lots ", the setbacks shall be measured from the applicable front (F) , rear (R) and sides (S) of the lot as designated in the following diagram. a. In cases involving flag lots of a type not represented in the diagram, the Planning Director shall determine the minimum setbacks. b. Any portion of a flag lot that is adjacent to a street is a "required setback adjacent to a street" for purposes of fence regulations. S1 iS i F S ---- - - - - -- R i F -s" C D �-- a b — If a =b, applicant designates C or D as front. 44 R F S Sec. 8106 -4.4 - Determination of Setbacks for Through Lots a. If the area of a through lot is less than twice the minimum lot area for the zone, one street frontage shall be designated as the front, and the other frontage shall be the rear. b. If the lot area is two or more times the minimum area for the zone, each street frontage shall be considered a front for purposes of determining setbacks. Sec. 8106 -5 - INTRUSIONS INTO REQUIRED SETBACKS - The following are exceptions to the standards given in Sec. 8106 -1: Sec. 8106 -5.1 - Accessory Structures in Certain Setback Areas - Detached accessory structures not used for human habitation may be constructed to within three feet of interior and rear lot lines, provided that: a. In no case shall any such accessory structure exceed 15 feet in height; b. In no case shall any such accessory structure(s) occupy more than 40 percent of the rear setback area which is measured by multiplying the required minimum rear setback set forth in Section 8106 -1 by the particular lot width; and c. Setbacks for the street side of the lot shall be maintained as set forth in Section 8106 -1. Sec.8106 -5.2 - Accessory Structures in Front Setbacks on Through Lots - An accessory structure not exceeding 15 feet in height may be located in one of the required front setbacks on a large through lot, as described in Sec. 8106 -4.4b, provided that every portion of such accessory structure is at least ten feet from the nearest front line. Sec. 8106 -5.3 - Parking in Setbacks a. Motor vehicles shall not be parked within any front or street -side setback, except that fully operative, licensed and registered vehicles may be parked in the driveway access to the required parking or on a paved area adjacent to the driveway, as an accessory use to a dwelling, and except as provided elsewhere in this Chapter. b. No required setback may be used for the provision of required parking spaces, except as specifically provided in this Chapter. 45 c. In the M -1 and M -2 zones, required setbacks from streets may be used for required off - street parking spaces, provided that such spaces are located at least ten feet from the street property line and are separated from the street by appropriate walks, fencing, earth mounds or landscaping. d. On interior lots, a minimum three - foot -wide area adjacent to one side lot line must be kept free of operative vehicles and open storage (see Sec. 8107 -1.6). Sec. 8106 -5.4 - Architectural Features - Eaves, cornices, canopies, belt courses, sills, buttresses and other similar architectural features that do not create additional floor area or living space may project a maximum of 2 1/2 feet into required front setbacks, two feet into side setbacks and four feet into rear setbacks, and may not be closer than two feet to any side or rear property line. Such features shall not be closer than two feet to a line midway between the exterior walls of buildings located on the same lot. Sec. 8106 -5.5 - Heating and Cooling Equipment- Accessory heating and cooling equipment and necessary appurtenances may be located to within three feet of any side or rear lot line. Sec. 8106 -5.6 - Balconies, Fire Escapes and Stairways - Open, unenclosed stairways or balconies may extend into required rear setbacks not more than four feet, and into required front setbacks not more than 2 -1/2 feet. Sec. 8106 -5.7 - Chimneys and Fireplaces - Masonry chimneys and fireplaces may project into required setbacks or required common open space not more than two feet provided that such chimneys or fireplaces shall not be closer than three feet to any side property line of the lot. Where more than one building is located on the same lot, such chimneys or fireplaces shall not be closer than three feet to a line midway between the main walls of such buildings. Sec. 8106 -5.8 - Depressed Ramps - Open -work fences, hedges, guard railings or other landscaping or architectural devices for safety protection around depressed ramps may be located in required setbacks or required common open space, provided that such devices are not more than 3 1/2 feet in height. Sec. 8106 -5.9 - Uncovered, Unenclosed Landings and Porches - Uncovered porches, platforms or landings which do not extend above the level of the first floor of the building may extend into required front setbacks not more than six feet, and into required side and rear setbacks no closer than three feet to the property line. An open -work railing not more than three feet high may be installed or constructed on such porch, platform or landing. 46 Sec. 8106 -5.10 - Decks - When constructed at or below the level of the first floor of the building, a deck may extend into required side or rear setbacks, but may not occupy more than 40 percent of a required rear setback, nor be located closer than three feet to a side or rear property line. Two story homes proposing a second floor deck or balcony are subject to the same requirements as their applicable zone. In addition, the following requirements apply. A form provided by the Department of Community Development shall be circulated to all adjacent property owners. The respective owners signatures shall be secured stating that the property owners have been notified of the proposed construction. Maximum height shall be twelve (12) feet, not including railing height. Sec. 8106 -5.11 - Exception to Front Setback - In the R -1 and R -2 zones, dwellings constructed with carports or garages having a curved or "swing" driveway, with the entrances to the carports or garages facing the side property line, may have a minimum front setback of 15 feet. Sec. 8106 -5.12 - Temporary Dwellings During Construction - A mobilehome or recreational vehicle which is used as a temporary dwelling during construction shall be set back at least five feet from the property lines of the lot on which it is placed. Sec. 8106 -5.13 - Swimming Pools and Spas - Swimming pools, spas, hot tubs and similar structures may be constructed to within five feet of rear and interior side lot lines and three feet from structure, provided that they do not intrude into any front or street -side setback. Pools designed to hold less than 18 inches of water depth are exempt from setback requirements. Sec. 8106 -6 - MISCELLANEOUS SETBACK REGULATIONS Sec. 8106 -6.1 - Distance Between Structures on the Same Lot - The minimum distance between structures on the same lot shall be six feet, except that no detached dwelling shall be placed closer than ten feet to any other detached dwelling. These requirements refer to minimum distances between exterior walls or other supports. Sec. 8106 -6.2 - Garages and Carports - Except as otherwise provided in this Chapter, garages and carports shall be set back sufficiently from streets from which they take access to provide for 20 linear feet of driveway apron, as measured along the centerline of the driveway from the property line to the garage or carport. Sec. 8106 -6.3 - Setbacks from Existing Oil /Gas Well Sites - No dwelling should be constructed within 800 feet of an existing oil /gas well site unless it is unavoidable. No dwelling shall be built within 500 feet of an existing well site unless the owner records with the title to the property a statement, acceptable to the City Attorney, acknowledging the presence of the'well site and the fact that operations associated therewith, 47 including well drilling and redrilling, may disturb the occupants, even though said operations are being conducted in accordance with specific permit conditions, the best accepted practices incident to the exploration of oil and gas, and the provisions of this Chapter. If such an acknowledgement is recorded, the dwelling may be located less than 500 feet from an existing oil well site, but in no case less than 100 feet from said well site. For purposes of this section, "well site" means the area around a well, which may contain production facilities. Sec. 8106 -7 - EXCEPTIONS TO HEIGHT LIMITS - The following are exceptions to the height limits stated in Section 8106 -1: Sec. 8106 -7.1 - Antennas, Ground - Mounted - Ground - mounted citizens' band and amateur radio transmitting and receiving antennas, intended for private, noncommercial use accessory to a dwelling, may be erected up to a maximum height of 40 feet. Ground - mounted antennas may be erected above the height limit of 40 feet, under the permit prescribed by this Chapter, provided that no antenna or mast shall exceed 75 feet in height, and the design of such antennas shall be in accordance with Section 8107 -1.1. Sec. 8106 -7.2 - Roof Structures - Roof structures may be erected above the height limits prescribed in this Chapter, provided that no additional floor space is thereby created. Sec. 8106 -8 - MISCELLANEOUS REGULATIONS Sec. 8106 -8.1 - Fences, Walls and Hedges Sec. 8106 -8.1.1 - No fences over three placed in a required sight triangle (see a required setback adjacent to a street, ten -foot right triangle on each side of a property line. A maximum six - foot -high fi in other areas of a lot. Exceptions: feet high may be Sec. 8106 -8.4), in or in ten -foot by driveway on a side snce may be located a. A six - foot -high see - through fence may be located anywhere on a lot of 20,000 square feet or more. b. A six - foot -high fence may be placed in the street -side setback of a corner lot other than a reverse corner lot. c. A maximum eight- foot -high fence may be located: (1) On a vacant or developed R -A, or on any vacant commercial or industrial within a required sigh t adjacent to a street; or UM lot zoned O -S, A -E, or or developed lot in a zone, anywhere except triangle or setback (2) On any vacant or developed lot zoned R -E, R -0, R -1, R -2 or R -P -D that abuts or is across the street from a lot in a commercial or industrial zone or a lot zoned 0 -S, A -E or R -A, provided that such fence is located at or near the boundary line separating such lots, but not in a required sight triangle or setback adjacent to a street. d. A maximum twelve - foot -high see - through fence may be located around a tennis court anywhere on a lot, except in a required setback adjacent to a street. Sec. 8106 -8.1.2 - Except as otherwise provided herein, fences over six feet in height require a Zoning Clearance; see also Sec. 8105 -3. Sec. 8106 -8.1.3 - No barbed wire, razor -edge, or similar type of fencing is permitted in R -zones or commercial zones, or on properties in M -zones which abut or are across the street from R -zoned properties, if such fencing would be visible from the R -zoned property or properties. Sec. 8106 -8.1.4 - If there is a difference in grade levels on the two sides of a fence, the height shall be measured from the higher grade, provided that the distance from the lower grade to the top of the fence shall not exceed ten feet, and further provided that in a required setback adjacent to a street, fence height shall be measured from adjacent grade on the street side of the fence. Sec. 8106 -8.1.5 - The provisions of this Section shall not apply to a fence necessary as required by any law or regulation of the State of California or any agency thereof. Sec. 8106 -8.2 - Accessory Parking and Storage of Large Vehicles - No residential, agricultural, or open space zoned lot shall be used for the accessory parking or storage of vehicles which are designed to carry more than a three - quarter ton load and which are used for shipping or the delivery of freight and products, except those lots where delivery to storage or market of agricultural commodities is permitted under this Chapter and is occurring on said lot. Sec. 8106 -8.3 - Connection of Structures - An accessory structure will be considered to be detached from the main structure unless: 49 a. The roof connecting the two structures complies with all of the following: (1) It is essentially a continuation of the roof of the main structure; (2) It resembles the roof of the nearest enclosed, habitable area_ of the main structure in terms of pitch, materials, etc.; and (3) It is imperforate; or b. The space between such structures is completely enclosed by walls attached to each structure. Sec. 8106 -8.4 - Sight Triangle - Where there are no controls (stop signs or signals) on either street at an intersection, a sight triangle (see Definitions) must be provided on each corner adjacent to the intersection. No structures or landscaping over three feet in height which could block the view of approaching traffic on either street shall be located or constructed within any required sight triangle. Sec. 8106 -8.5 - Sight Distance - Adequate sight distance shall be provided at intersections. In cases where the minimum setback requirements of Sec. 8106 -1 do not provide such sight distance, particularly where streets intersect at less than 90 degrees and traffic is controlled (e.g., by stop signs) on only one of the streets (the "minor street "), setbacks for discretionary projects must be adjusted to provide adequate sight distance in accordance with the following table. The sight distance shall be measured from a point in the center of the minor street eight feet behind the designated stopping point for vehicles on such street, or behind a continuation of the intersecting curb line, to the center of the nearest (curbside) driving lane on the intersecting ( "major ") street. No structures or landscaping over three feet in height which could block the view of approaching traffic on the major street shall be constructed or located on the street side of the line connecting the two points. Curb cuts on discretionary projects should be considered minor streets for purposes of this section. Speed Limit On Major Street (mph) 25 30 35 40 45 50 55 Sight Distance Required (ft.) 50 165 190 225 260 300 350 400 Sec. 8106 -8.6 - Light Fixtures - The following regulations apply to light fixtures over two feet in height: a. Maximum height is 20 feet. b. Such fixtures shall not be placed in side setbacks. c. Lights in excess of 100 watts shall not result in direct illumination of adjacent properties. 51 ARTICLE 7 STANDARDS FOR SPECIFIC USES Sec. 8107 -0 - PURPOSE - The purpose of this Article is to set forth standards and regulations which apply to proposed uses as listed. Sec. 8107 -1 - STANDARDS RELATING.TO DWELLINGS Sec. 8107 -1.1 - Antennas, Ground- Mounted - No antenna or mast shall exceed 75 feet in height. The crank -up variety of ham radio antennas should be used. All units are encouraged to be color- coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. Where feasible, support structures shall be screened from public view. The most unobtrusive locations for the antennas are generally in the rear yard, behind trees and adjacent to main or accessory buildings in order to provide background screening for the support structure. The height, nature, texture and color of all materials to be used for the installation, including landscape materials, shall be submitted with the permit application. Sec. 8107 -1.2 - Home Occupations - On property containing a residential use, no commercial activity shall be construed as a valid accessory use to the residential use unless the activity falls within the definition and regulations of a home occupation, or the activity is authorized by a discretionary permit allowing commercial operations. Home occupations are permitted in accordance with the following standards: Sec. 8107 -1.2.1 - No merchandise, produce or other materials or equipment shall be displayed for advertising purposes. Sec. 8107 -1.2.2 - No pedestrian or vehicular customer traffic shall be generated by the home occupation. Deliveries to the dwelling shall be limited to that which is normal for a residential neighborhood, and shall not disrupt traffic patterns in the vicinity of the dwelling. Sec. 8107 -1.2.3 - No signs naming or advertising the home occupation are permitted on the premises. Advertising for the home occupation in a telephone book, newspaper or other printed material shall not divulge the dwelling's location. Sec. 8107 -1.2.4 - The use of electrical or mechanical equipment that would create visible or audible interference in radio or television receivers is prohibited. 52 Sec. 8107 -1.2.5 - A home occupation shall be conducted only by members of the household occupying the dwelling, with no other persons employed. Sec. 8107 -1.2.6 - Home occupations shall not occupy space required for other purposes (off- street parking, interior setbacks, etc.). Sec. 81.07 -1.2.7 - For each dwelling .unit, there shall be no more than one commercial vehicle parked on the property related to the home occupation. A vehicle with external lettering or other script pertaining to the home occupation is considered to be a commercial vehicle. Such lettering or script shall not divulge the dwelling's location. Sec. 8107 -1.2.8 - The existence of a home occupation shall not be evident beyond the boundaries of the property on which it is conducted. There shall be no internal or external alterations to the dwelling which are not customarily found in such structures. Sec. 8107 -1.2.9 - Home occupations involving the on -site use or storage of highly toxic materials, as defined in the Uniform Fire Code, are not permitted. Highly toxic materials are those which on short exposure could cause death or serious temporary or residual injury. The on -site use or storage of flammable or other hazardous materials must comply with the requirements of the Ventura County Fire Protection District, pursuant to the Uniform Fire Code, the Health and Safety Code and the Vehicle Code. Sec. 8107 -1.3 - Mobilehomes and Manufactured Housing Sec. 8107 -1.3.1 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, but mobilehomes used as caretaker or farm worker dwellings are not. Sec. 8107 -1.3.2 - 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. Sec. 8107 -1.3.3 - 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 53 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. Sec. 8107 -1.4 - Mobilehome or Recreational Vehicle as Temporary Dwelling During Construction - A mobilehome or recreational vehicle may be used by the owner(s) of a lot as a temporary dwelling unit_for.12 months. during.construction of a residence for which a building permit is in full force and effect on the same site. The Planning Director may grant one additional 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 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. Sec. 8107 -1.5 - Model Homes /Lot Sales - Model homes, or a temporary office, for the limited purpose of conducting sale only of lots or dwellings in the subdivision, or dwellings of similar design in another subdivision in the vicinity may be permitted, subject to the following provisions: Sec. 8107 -1.5.1 - The model homes or lots sales are part of an approved tentative map. Sec. 8107 -1.5.2 - Road Plans shall be submitted to the Public Works Department for approval. Sec. 8107 -1.6 - Open Storage Sec. 8107 -1.6.1 - There shall be no open storage in any front or street -side setback, or in an area three feet wide along one side lot line. Sec. 8107 -1.6.2 - On lots of 20,000 square feet or smaller, open storage shall not exceed an aggregate area of 200 square feet. On lots greater in area than 20,000 square feet, the aggregate area shall not exceed one percent of the total lot area, up to a maximum of 1,000 square feet. Lots of 40 acres or more in the O -S and A -E zones are permitted a maximum of 2,000 square feet of open storage, provided that all open storage exceeding 1,000 square feet is screened from view from all public rights -of -way within 300 feet of such additional storage area. 54 Sec. 8107 -1.6.3 - With the exception of boats and unstacked automotive vehicles, the materials shall be limited to a height of six feet. Sec. 8107 -1.6.4 - Open storage must be accessory to the principal use of the property, and not related to any off - site commercial business or activity. Sec. 8107 - 1.6.5. - 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 180 days of their placement on the lot; however, the Planning Director may grant a time extension for good cause, based on a written request from the applicant. b. Items used periodically or continuously on the property by the resident(s) thereof, such as outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor cooking equipment, and recreational equipment, accessory to the principal use. c. Operative vehicles, and 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 location on the lot. Sec. 8107 -1.7 - Second Dwellings - A second dwelling with complete, independent living facilities may be created on lots which contain an existing single - family detached residence and no other dwellings, other than an authorized farm worker dwelling, subject to Sec. 8105 -4 and the following: Lots 7,000 sq. ft. to 10,000 sq. ft. The gross floor area of the second dwelling unit shall not exceed 700 sq. ft. or no more than 40% of the required rear yard which ever is lessor. One covered or uncovered off street parking space, not located in a required setback, is required for this dwelling unit. 55 Lots 10,001 to 20,000 sq. ft. The gross floor area of the second dwelling unit shall not exceed 800 sq. ft. or no more than 40% of the required rear yard whichever is lessor. One covered off street parking space not located in a required setback, is required for this dwelling unit. Lots 20,001 to 43,560 sq. ft. The gross floor area of the second dwelling unit shall not exceed 900 sq. ft., nor shall it be located in any required setback. A two car covered parking space is required for this dwelling unit. Lots from over one acre - five acres The gross floor area of the second dwelling unit shall not exceed 1,000 sq. ft., nor shall it be located in any required setback. A two car covered garage is required. Lots over five acres The gross floor area of the second dwelling unit shall not exceed 1,100 sq. ft., nor shall it be located in any required setback. A two car garage is required. A. A second dwelling unit over the allowable quare footage may be approved if the existing single - family dwelling on the property does not exceed the allowed square footage in gross floor area and does not exceed the height limit for structures in the zone. In such cases, the larger dwelling shall be considered the principal dwelling with regard to height and setback standards, and the smaller dwelling shall be considered the second dwelling with regard to future expansions. In all cases the total off street requirements for both the principal as well as the second dwelling unit must be met. B. The second dwelling shall not be intended for sale, but may be rented. C. Lot must conform with the lot area. width, and depth requirements for the underlying zone. Any lot which does not conform to such requirements shall not be granted approval for a second dwelling unit. D. The second dwelling unit must have adequate public utility facilities to serve it, including, but not limited to sewer, water, and streets. E. The second dwelling unit, including any portion of the preexisting primary unit which would be incorporated into a second dwelling unit, must comply with the Building Code. Fire Code, Health and Safety Codes, and noise insulation 56 standards applicable at the time the building permits for the second dwelling unit is requested. The primary dwelling unit shall be brought into compliance with the Uniform Housing Code prior to Occupancy of the second dwelling unit. F. Architectural standards of the second dwelling unit shall conform to the existing owner occupied residential dwelling through use of the appropriate building form, height, materials, and color.. Elevations and floor plans shall be submitted as part of the Zoning Clearance application and shall be subject to Community Development Director review and approval. G. Establishment of a second dwelling unit shall not create or increase a nonconforming use or structure. H. All parking spaces shall be a minimum nine -foot by 20 -foot paved on cement and shall be provided on -site for the dwelling unit. An uncovered parking space may intrude into a front or side setback, provided that all of the following conditions are met: (1) The space is not closer than ten feet to any front lot line; (2) The long dimension of the space is parallel to the centerline of the nearest driveway on the lot; (3) The space is not located in the driveway access to the required parking for the principal dwelling. I. The second dwelling may be attached or detached from the existing single family residence for second dwelling units not greater than 800 sq. ft. Second dwelling units greater than 800 sq. ft. will be considered as a separate accessory structure. J. The second dwelling unit shall meet development standards and requirements which apply to single - family dwellings. The second dwelling unit will not be allowed in areas where adequate water supply and sewage disposal cannot be demonstrated. Where water or sewage service is to be provided through a public or private utility, will serve letters from the responsible utility company shall be provided. K. No more than one second dwelling unit is allowed on each lot. L. No other accessory building shall be combined with a detached second dwelling, except that a second dwelling may be attached to a garage or carport, if required. If a second dwelling unit is attached to a garage, the common wall between the garage and the second dwelling may not be longer than 22 feet, and the required parking must begin alongside and not more than two feet from said common wall. A second 57 dwelling may be attached to a garage or carport which is itself attached to another accessory use such as a recreation room or workshop, provided the second dwelling unit is no greater than 800 sq. ft. and there is no common wall between the second dwelling and the other accessory use. M. Mobile homes on fixed foundations may be used as second dwelling units if approved by the Director of Community Development and the design is compatible with the principal dwelling and the surrounding community. Sec. 8107 -1.8 - Use of Structures for Dwelling Purposes - Structures may not be used for human habitation except as specifically permitted in this Chapter. Sec. 8107 -2 - STANDARDS RELATING TO ANIMALS Sec. 8107 -2.1 - Pet Animals - The keeping of pet animals is permitted in addition to the animal units permitted under Section 8107 -2.2 and the table on the following page, subject to the following provisions: Sec. 8107 -2.1.1 - Multi - family dwellings and occupied spaces in mobilehome parks are permitted any combination of cats and dogs, up to a maximum of four animals per dwelling unit. Sec. 8107 -2.1.2 - For all other dwellings, any and all of the following pet animals are permitted on each lot, with no minimum lot area: 4 dogs and 4 cats 4 rabbits or other domestic animals of similar size at maturity, caged Up to 4 of any combination of the following: Chickens (excluding roosters), cooped Ducks, penned Goose or turkey (limit 1), penned Domestic birds (enclosure must be set back at least 15 feet from any dwelling on adjoining property). Sec. 8107 -2.1.3 - The offspring of animals are allowed and shall not be counted until they are of weanable or self - sufficient age. Dogs and cats shall be counted at four months of age or more. Sec. 8107 -2.2 - Animal Units - The keeping of 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: (AM.ORD.3730- 5/7/85; AM.ORD.3810- 5/5/87) ZONE MINIMUM LOT ANIMAL UNITS PERMITTED (a,b) DISTANCE SEPARATION (b) AREA REQUIRED animals are allowed and shall not be counted REQUIREMENTS (c) until they are of weanable or self- sufficient age. (c) These separation.requirements do O -S (d) Lots less than 20,000 sq.ft.: horses, mules or donkeys on lots less than two units (d). Lots of 20,000 Zone; see Section 8107 -2.4 A -E 10,000 sq.ft. sq.ft. to 10 acres: 1 unit per Except for movement 10,000 sq.ft. of lot area. on and off the R-A Lots over 10 acres: no limit. property, animals shall not be kept, Horses /ponies: 3 units plus maintained or used 1 unit per 30,000 sq.ft. of in any other way, R -O 20,000 sq.ft. total lot area. inside or outside Of any structure, Other animals: 1 unit per within 40 feet of 10,000 sq.ft. of total lot area. those portions of any structure used R -E 2 units plus I unit per for human occupancy, 10,000 sq.ft. 25,000-sq.ft. of assembly or T-P total lot area d) habitation, other than the residence 1 unit per 10,000 sq.ft. of the owner or R -1 20,000 sq.ft. of lot area, with keeper of Planninx Director CUP such animals. R -P -D One acre Horses /ponies: 1 unit per 20,000 sq.ft. of lot area Notes (a) In calculations for permitted animals, fractional numbers are 59 to be rounded to the lower whole number. (b) The offspring of animals are allowed and shall not be counted until they are of weanable or self- sufficient age. (c) These separation.requirements do not apply to pet animals. (d) No cows, bulls, horses, mules or donkeys on lots less than 20,000 sq. ft. in the R -A or R -E Zone; see Section 8107 -2.4 for exception. 59 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 animal unit, a chicken is one -tenth of an animal unit, and so on. To calculate the number of any one 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 Animal Unit Animal Animal Unit Type Equivalent Type Equivalent Bull 1.0 Horse 1.0 Chicken (a) .1 Pony .5 Cow 1.0 Mule 1.0 Donkey 1.0 Peafowl .5 Duck .1 Pig .5 Game Hen .1 Rabbit or other fur- bearing animal of similar size at maturity .05 Goat, female .33 Goat, male .5 Goose .16 Sheep .33 Guinea fowl .5 Turkey .16 No roosters, peafowl, or guinea fowl permitted in the R -1 zone or on lots less than 20,000 sq.ft. in area in other zones. Sec. 8107 -2.3 - 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 larger 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. Sec. 8107 -2.4 - Temporary Exception - In the R -E Zone, the Planning Director may authorize the keeping of a maximum of two horses on lots of 10,000 to 20,000 square feet, and an exception to the distance separation requirements applicable thereto, for a period of one year, without holding a public hearing, provided that the applicant submits: a. A completed application form, as provided by the Planning Director; b. 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 . c. A letter of consent from each resident located within 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. Sec. 8107 -2.5 - Apiculture Sec. 8107 -2.5.1 - Street Separation - No occupied beehive or box shall be located or maintained within 150 feet of any public road, street or highway, or as determined by the Planning Director. Sec. 8107 -2.5.2 - Apiary Location - An occupied 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 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 three dwelling units per acre. A "safe distance" shall be determined after investigation by the Planning Director. Decisions of the Planning Director may be appealed pursuant to Sec. 8111 -8.2c of this Chapter. Sec. 8107 -2.5.3 - Dwelling Separation - No occupied beehive or box shall be located or maintained within 400 feet of any dwelling on adjacent property. Sec. 8107 -2.5.4 - Property Line Separation - No occupied apiary shall be located or maintained within 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. Sec. 8107- 2.5.5 - Water - Available adequate and suitable water supply shall be maintained on the property near the apiaries at all times. Sec. 8107 -3 - AUTO BOAT, AND TRAILER SALES LOTS - New and used automobile, trailer and boat sales yards are subject to the following conditions: Sec. 8107 -3.1 - 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; Sec. 8107 -3.2 - Except for required landscaping, the entire open area of the premises shall be surfaced with concrete or asphaltic concrete. 61 Sec. 8107 -4 - MOBILEHOME PARRS Sec. 8107 -4.1 - 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. Sec. 8107 -4.2 - A mobilehome park may include, as part of an approved permit, recreational and clubhouse facilities and other accessory uses. Sec. 8107 -4.3 - Tha minimum distance between structures in a mobilehome park shall be ten feet, except that the minimum distance between accessory structures shall be six feet. Sec. 8107 -5 - OIL AND GAS EXPLORATION AND PRODUCTION Sec. 8107 -5.1 - Purpose - The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for oil and gas exploration and production facilities and operations within the City which will allow for the reasonable use of an important City resource. These regulations shall also ensure that development activities will be conducted in harmony with other uses of land within the City and that the rights of surface and mineral owners are balanced. Sec. 8107 -5.2 - Application - Unless otherwise indicated herein, the purposes and provisions of Section 8107 -5 et seq. shall be and are hereby automatically imposed on and made a part of any permit for oil or gas exploration and development issued by City on or after March 24, 1983. Such provisions shall be imposed in the form of permit conditions when permits are issued for new development or for existing wells/ facilities without permits, or when existing permits are modified. These conditions may be modified at the discretion of the Planning Director, pursuant to Sec. 8111 -5.2. 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 of Moorpark. No permit is required by the City of Moorpark 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.). Sec. 8107 -5.3 - 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. Sec. 8107 -5.4 - Required Permits - No oil or gas exploration or production related use may commence without or inconsistent with a Conditional Use Permit approved pursuant to this Chapter. Furthermore, a Zoning Clearance must be obtained by the permittee to confirm consistency with the Zoning Ordinance AK 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 Planning Director. However, a single Zoning Clearance may be issued for more than one 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 Chapter 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 set of rules apply, the stricter one shall take precedence. Sec. 8107 -5.5 - Oil Development Guidelines - The general guidelines that follow shall be used in the development of conditions which will help ensure that oil development projects generate minimal negative impacts on the environment. The guidelines shall be applied whenever physically and economically feasible and practicable, unless the strict application of a particular guideline(s) would otherwise defeat the intent of other guidelines. An applicant should use the guidelines in the design of the project and anticipate their use as permit conditions, unless the applicant can demonstrate that they are not feasible or practicable. Sec. 8107- 5.5.1 - Permit areas and drill sites should generally coincide and should only be as large as necessary to accommodate typical drilling and production equipment. Sec. 8107 -5.5.2 - The number of drill sites in an area should be minimized by using centralized drill sites, directional drilling and other techniques. Sec. 8107 -5.5.3 - Drill sites and production facilities should be located so that they are not _readily seen. Sec 8107 -5.5.4 - Permittees and operators should share facilities such as, but not limited to, permit areas, drill sites, access roads, storage production and processing facilities and pipelines. Sec. 8107 -5.5.5 - The following guidelines shall apply to the installation and use of oil and gas pipelines: a. Pipelines should be used to transport petroleum products off -site to promote traffic safety and air quality. b. The use of a pipeline for transporting crude oil may be a condition of approval for expansion of existing processing facilities or construction of new processing facilities. 63 C. New pipeline corridors should be consolidated with existing pipeline or electrical transmission corridors where feasible, unless there are overriding technical constraints or significant social, aesthetic, environmental or economic reasons not to do so. d. When feasible, pipelines shall be routed to avoid important resource areas, such as recreation, sensitive habitat, geological hazard and archaeological areas. Unavoidable routing through such areas shall be done in a manner that minimizes the impacts of potential spills by considering spill volumes, durations, and projected paths. New pipeline segments shall be equipped with automatic shutoff valves, or suitable alternatives approved by the.Planning Director, so that each segment will be isolated in the event of a break. e. Upon completion of pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with native vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials, and shall include other measures as deemed necessary to prevent erosion until the vegetation can become established, and to promote visual and environmental quality.(AM.ORD.3810- Sec. 8107 -5.5.6 - 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 vertical feet. Cuts or fills should be restored to their original grade once the use has been discontinued. Sec. 8107 -5.5.7 Gas from wells should be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality, and to reduce fire hazards and light sources. Oil should also be piped to centralized collection and processing facilities, in order to minimize land use conflicts and environmental degradation, and to promote visual quality. Sec. 8107 -5.5.8 - Wells should be located a minimum of 800 feet from occupied sensitive uses. Private access roads to drill sites should be located a minimum of 300 feet from occupied sensitive uses, unless this requirement is waived by the occupant. 64 Sec. 8107 -5.5.9 - Oversized vehicles should be preceded by lead vehicles, where necessary for traffic safety. Sec. 8107 - 5.5.10 - Lighting should be kept to a minimum to approximate normal nighttime light levels. Sec. 8107 - 5.5.11 - In the design of new or modified oil and gas production facilities, best accepted practices in drilling and production methods should be utilized, if capable of reducing factors of nuisance and annoyance. Sec. 8107 -5.6 - Oil Development Standards - The following are minimum standards and requirements which shall be applied pursuant to Sec. 8107 -5.2. 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: Sec. 8107 -5.6.1 - Setbacks - No well shall be drilled and nc equipment or facilities shall be permanently located within: a. 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. 500 feet of any building or dwelling not necessary to the operation of the well, unless a waiver is signed pursuant to Sec. 8107 - 5.6.25, allowing the setback to be reduced. In no case shall the well be located less than 100 feet from said structures. C. 500 feet of any institution, school or other building used as a place of public assemblage, unless -a waiver is signed pursuant to Sec. 8107- 5.6.25, allowing the setback to be reduced. In no case shall any well be located less than 300 feet from said structures. d. 300 feet from the edge of the existing banks of "Red Line" channels as established by the Ventura County Flood Control District (VCFCD), 100 feet from the existing banks of all other channels appearing on the most current United States Geologic Services (USGS) 2,000' 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 M. flood control interests. In no case shall setbacks from streams or channels be less than 50 feet. All drill sites located within the 100 -year flood plain shall be protected from flooding in accordance with Flood Control District requirements. e. The applicable setbacks for accessory structures for the zone in which the use is located. f. 100 feet from any marsh, small wash, intermittent lake, intermittent stream, spring or perennial stream appearing on the most current USGS 2000' 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. Sec. 8107 -5.6.2 - 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. Sec. 8107 -5.6.3 - Removal of Equipment - All equipment used for drilling, redrilling, and maintenance work on approved wells shall be removed from the site within 30 days of the completion of such work unless a time extension is approved by the Planning Director. Sec. 8107 -5.6.4 - Containment of Contaminants - Oil, produced water, drilling fluids, cuttings and other contaminants associated with the drilling, production, storage and transport of oil shall be contained on the site unless properly transported off -site, injected into a well, treated or re -used in an approved manner on -site or if allowed, off -site. Appropriate permits, permit modifications or approvals must be secured when necessary, prior to treatment or re -use of oil field waste materials.- The permittee shall furnish the Planning Director with a plan for controlling oil spillage and preventing saline or other polluting or contaminating substances from reaching surface or subsurface waters. The plan shall be consistent with requirements of City, State and Federal laws. Sec. 8107 -5.6.5 - Securities - Prior to the commencement or continuance of drilling or other uses on an existing permit, the permittee shall file, in a form acceptable to the City Attorney and certified by the City Clerk, a bond or other security in the penal amount of not less than $10,000.00 for each well that is drilled or to be drilled. Any operator may, in lieu of filing such a security for each well drilled, redrilled, produced or maintained, file a security in the penal amount of not less than $10,000.00 to cover all operations conducted in the City of Moorpark, a political subdivision of .. the State of California, conditioned upon the permittee well and truly obeying, fulfilling and performing each and every term and provision in the permit. In case of any failure by the permittee to perform or comply with any term or provision thereof, the Planning 'Commission may, after notice to the permittee and a public hearing, by resolution, 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 of Moorpark. 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 of Moorpark 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. Sec. 8107 -5.6.6 - Dust Prevention - The drill site and all roads or hauling routes located between the public right -of -way and the subject site shall be improved or otherwise treated as required by the City and maintained as necessary to prevent the emanation of dust. Access roads shall be designed and maintained so as to minimize erosion, prevent the deterioration of vegetation and crops, and ensure adequate levels of safety. Sec. 8107 -5.6.7 - 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 night -time 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. Sec. 8107 -5.6.8 - Reporting of Accidents - The permittee shall immediately notify the Planning Director 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 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. Sec. 8107 -5.6.9 - 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 Planning Director prior to painting of facilities. 67 Sec. 8107- 5.6.10 - Site Maintenance - The permit area shall be maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions such as debris; pools of oil, water, or other liquids; weeds; brush; and trash. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of the oil well located thereon. If the well has been suspended, idled or shut -in for 30 days, as determined by the Division of Oil and Gas, all such equipment and materials shall be removed within 90 days. Sec. 8107- 5.6.11 - Site Restoration- Within 90 days of revocation, expiration or surrender of any permit, or abandonment of the use, the permittee shall restore and revegetate the premises to as nearly its original condition as is practicable, unless otherwise requested by the landowner. Sec. 8107 - 5.6.12 - Insurance - The permittee shall maintain, for the life of the permit, liability insurance of not less than $500,000 for one person and $1,000,000 for all persons and $2,000,000 for property damage. This requirement does not preclude the permittee from being self - insured. Sec. 8107- 5.6.13 - Noise Standard - 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 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. Nomenclature and noise level descriptor 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. . The maximum allowable average sound level is as follows: Time Period Day (7:00 a.m. to Evening (7:00 p.m. Night (10:00 p.m. Average Noise Levels (LEQ) Drilling and Maintenance Phase 7:00 p.m.) 55 dB(A) to 10:00 p.m.)50 dB(A) to 6:00 a.m.) 45 dB(A) Producing Phase 45 dB(A) 40 dB(A) 40 dB(A) For purposes of this section, a well is in the "producing phase" when hydrocarbons are being extracted or when the well is idled and not undergoing maintenance. It is presumed that a well is in the "drilling and maintenance phase" when not in the "producing phase. Sec. 8107 - 5.6.14 - Exceptions to Noise Standard - The noise standard established pursuant to Sec. 8107 - 5.6.13 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 3 dB(A). b. Where the owners /occupants of sensitive uses have signed a waiver pursuant to Sec. 8107 - 5.6.25 indicating that they are aware that drilling and production operations could exceed the allowable noise standard and that they are willing to experience such noise levels. The applicable noise levels shall apply at all locations where the owners /occupants did not sign such a waiver. Sec. 8107- 5.6.15 - 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 Planning Division. 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 7:00 p.m. of the following day, the offending operations, except for those deemed necessary for safety reasons by the Planning Director upon the advice of the Division of Oil and Gas, shall be suspended until the problem,is corrected. Sec 8107 - 5.6.16 - Preventive Noise Insulation - If drilling, redrilling, or maintenance operations, such as pulling pipe or pumps, are located within 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 be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits applicable to the permit. Such soundproofing shall be installed prior to the commencement of drilling or maintenance activities, and shall include any or all of the following: acoustical blanket coverings, soundwalls, or other soundproofing materials or methods which ensure that operations meet the applicable noise standard. Sec. 8107 - 5.6.17 - 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 Section 8107 - 5.6.13 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 Sec. 8107 - 5.6.25 is signed, no preventive noise insulation will be required. Sec. 8107- 5.6.18 - Soundproofing Material - All acoustical blankets or panels used for required soundproofing shall be of fireproof materials and shall comply with California Industrial Safety Standards and shall be approved by the Ventura County Fire Protection District prior to installation. Sec. 8107- 5.6.19 - Hours of Well Maintenance - All nonemergency maintenance of a well, such as the pulling of pipe and replacement of pumps, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. of the same day if the well site is located within 3,000 feet of an occupied residence. This requirement may be waived by the Planning Director if the permittee can demonstrate that the applicable noise standard can be met or 70 that all applicable parties within the prescribed distance have signed a waiver pursuant to Sec. 8107 - 5.6.25. Sec. 8107- 5.6.20 - Limited Drilling Hours - All drilling activities shall be limited to the hours of 7:00 a.m. through 7:00 p.m. of the same day when they occur less than 800 feet from an occupied sensitive use. Nighttime drilling shall be permitted if it can be demonstrated to the satisfaction of the Planning Director that the applicable_ noise standard can be met or that all applicable parties within the prescribed distance have signed a waiver pursuant to Section 8107 - 5.6.25. Sec. 8107- 5.6.21 - Sicrns - In addition to the signage otherwise allowed by Sec. 8110, only signs required for directions, instructions, and warnings, identification of wells and facilities, or signs required by other City ordinances or State and Federal laws may be placed in_areas subject to an oil and gas Conditional Use Permit. Identification signs shall be a maximum four square feet in size and shall contain, at minimum, the following information: 1. Division of Oil and Gas well name and number. 2. Name of owner /operator. 3. Name of lease and name and /or number of the well. 4. Name and telephone number of person(s) on 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. Sec. 8107 - 5.6.22 - 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 Planning Director's determination that fencing is necessary due to the proximity of nearby businesses, residences, or other occupied sensitive uses. A single, adequate fence which is compatible with surrounding area, may be used to enclose more than one 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. Sec. 8107- 5.6.23 - 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. Sec. 8107- 5.6.24 - Screening and Landscaping - All oil and gas production areas shall be landscaped so as to screen production 71 equipment in a manner consistent with the natural character of the area, if required, based on the Planning Director's determination that landscaping is necessary. Required landscaping shall be implemented in accordance with a landscape and irrigation plan to be approved by the Planning Director 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. Sec. 8107 - 5.6.25 - Waivers - Where provisions exist for the waiver of an ordinance requirement, the waiver must be signed by the owner and all adult occupants of a_ dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the permittee is exempt from affected ordinance requirements for the life of the waiver. Unless otherwise stated by the signatory, a waiver signed pursuant to Sec. 8107- 5.6.14(b) shall also be considered a waiver applicable to Sections 8107 - 5.6.16, .17, .19 and .20. Sec. 8107- 5.6.26 - 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 were approved. Sec. 8107 - 5.6.27 - Inspection, Enforcement and Compatibility Review - To ensure that adequate funds are available for the legitimate and anticipated costs incurred for monitoring and enforcement activities associated with new or modified oil and gas related Conditional Use Permits, the permittee shall deposit with the City funds, determined on _a case -by -case basis, prior to the issuance of a Zoning Clearance. The funds shall also cover the costs for any other necessary inspections or the resolution of confirmed violations that may occur. One deposit may be made to cover all of the permittee Is various permits. In addition, all new or modified Conditional Use Permits for oil and gas related uses shall, at the discretion of the Planning Director, 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. Sec. 8107 -6 - PRODUCE STANDS Sec. 8107 -6.1 - One produce stand per lot is allowed. Sec. 8107 -6.2 - A produce stand shall be permitted only if 72 accessory to permitted crop production on the same lot, and only if at least 25 percent of the area of the lot is devoted to crop production. Sec. 8107 -6.3 - 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. Sec. 8107 -6.4 - A produce stand may sell only those ornamental plants that are grown on the same lot as such stand is located. Sec. 8107-6.5 - No commodities other than those listed above may be sold from a produce stand. Sec. 8107 -6.6 - The floor area of such stand shall not exceed 400 square feet each. Sec. 8107 -6.7 - Such stand shall not be located or maintained within 30 feet of any public road, street or highway. This setback area shall be kept free to provide for off - street parking. Sec. 8107 -6.8 - The construction thereof shall be of a temporary nature and shall not include a permanent foundation. Sec. 8107 -6.9 - A produce stand may have one freestanding sign and one 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 Sec. 8110 -5.1, are not exceeded in the aggregate. A sign for a produce stand may have a commercial message. Sec. 8107 -7 - RECREATIONAL VEHICLE PARKS- Each application for the development of a recreational vehicle park, as defined in Title 25 of the California Administrative Code under "recreational trailer park," shall be subject to the following._regulations. Sec. 8107 -7.1 - Development Standards: Sec. 8107-7.1.1 - Minimum lot area for a recreational vehicle park shall be three acres. Sec. 8107 -7.1.2 - Minimum percentage of the net area of each recreational vehicle park which shall be left in its natural state or be landscaped shall be 60 percent. Sec. 8107 -7.1.3 - The maximum size of a recreational vehicle occupying a space in the park shall be 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. Sec. 8107 -7.1.4 - Building height and setbacks shall be as prescribed in the applicable zone, except where Title 25 of 73 the California Administrative Code is more restrictive. Sec. 8107 -7.1.5 - No recreational vehicle or accessory building shall be located less than six feet from any other recreational vehicle or accessory building on an adjacent space. Sec. 8107 -7.1.6 - The distance from any picnic table to a toilet should be not less than 100 feet nor more than 300 feet. Sec. 8107 -7.1.7 - All setbacks from streets and other areas in a recreational vehicle park not used for driveways, parking, buildings or service areas shall be landscaped. Sec. 8107 - 7.1.8 - Trash collection areas shall be adequately distributed and enclosed by a six - foot -high landscape screen, solid wall or fence, which is accessible on one side. Sec. 8107 -7.1.9 - The minimum size of each recreational campsite shall be 1,000 square feet, and the minimum width shall be 25 feet. Sec. 8107 - 7.1.10 - 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. Sec. 8107 - 7.1.11 - The maximum number of trailer spaces per net acre of land shall be 18, unless a lower maximum is specified in the Conditional Use Permit for the park. Sec. 8107 -7.2 - Site Design Criteria: Sec. 8107 -7.2.1 - Each space should have a level, landscaped front yard area with picnic table and a grill or campfire ring. Sec. 8107 -7.2.2 - The office should be located near the entrance, which should also be the exit. Sec. 8107 -7.2.3 - 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. Sec. 8107 -7.2.4 - Drive - through spaces should be provided for towed trailers. Sec. 8107 -7.2.5 - Walls or landscaped earthen berms should be used to minimize noise from highway sources. Sec. 8107 -7.2.6 - Utility conduits shall be installed 74 underground in conformance with applicable State and local regulations. Sec. 8107 -7.2.7 - 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, 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 ordinance. Sec. 8107 -7.2.8 - Roadways and vehicle pads shall not be permitted in areas of natural slope inclinations greater than 15 percent or where grading would result in slope heights greater than ten feet and steeper than 2:1. Sec. 8107 -7.2.9 - Where needed to enhance aesthetics or to ensure public safety, a fence, wall, landscape screen, earth mound or other screening approved by the Planning Director shall enclose the park. Sec. 8108 - 7.2.10 - Each site plan should also incorporate a recreational or utility building, laundry facilities and,an entrance sign, made from natural materials, which blends with the landscape. Seca 8107- 7.2.11 - Each park shall be provided with sewer connections or dump stations, or a combination thereof, to serve the recreational vehicles. Sec. 8107 -7.3 - Additional Provisions Sec. 8107 -7.3.1 - Each park may include a commercial establishment on -site, not exceeding 500 square feet of floor area, for the sole use of park residents. Sec. 8107 -7.3.2 - Each park is permitted one on -site mobilehome to be used solely for the management and operation of the park, pursuant to Title 25 of the California Administrative Code. Sec. 8107- 7.3.3 - No permanent building or cabana shall be installed or constructed on any trailer space; however, portable accessory structures and fixtures are permitted. Sec. 8107 -7.3.4 - No travel trailers, trailer coaches, motor homes, campers or tents shall be offered for sale, lease or rent within a recreational vehicle park. Sec. 8107 -7.3.5 - Off -road motor vehicle uses which might cause damage to vegetation or soil stability shall not be permitted. Sec. 8107 -7.3.6 - The maximum time of occupancy for any family or recreational vehicle within any recreational 75 vehicle park shall be 90 days within any 120 -day period. Sec. 8107 -8 - RESTAURANTS, BARS AND TAVERNS - A maximum of two pool or billiard tables may be accessory to this use. Sec. 8107 -9 - MINING AND RECLAMATION Sec. 8107 -9.1 - Purpose - The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for mining and accessory uses which will allow for the reasonable use of an important City resource. These regulations shall also ensure that mining activities will be conducted in harmony with the environment and other uses of land within the City and that mineral sites will be appropriately reclaimed. Sec. 8107 -9.2 - Application - Unless otherwise indicated herein, the purpose, intent and provisions of Section 8107 -9 et seq. shall be and are hereby 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. Sec. 8107 -9.3 - Definitions - Unless otherwise defined herein, or unless the text clearly indicates otherwise, the definition of mining shall be that defined in this Chapter. Sec. 8107 -9.4 - Required Permits - No mining related use may commence without the appropriate Conditional Use Permit required pursuant to this Chapter. Furthermore, a Zoning Clearance must be obtained by the permittee prior to commencing activities authorized by the Conditional Use Permit, as it may be modified. The issuance of a Conditional Use Permit shall not relieve the 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 Chapter 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 set of rules apply, the stricter one shall take precedence. Sec. 8107 -9.5 - Mining and Reclamation Guidelines - The general guidelines that follow shall be used in the development of conditions which will help ensure that mining projects generate minimal negative impacts on the environment. The guidelines shall be applied whenever physically and economically feasible or practicable, unless the strict application of a particular guideline(s) would otherwise defeat the intent of other guidelines. An applicant should use the guidelines in the design of the project and anticipate their use as permit conditions, unless the applicant can demonstrate that they are not physically or economically feasible or practicable. 76 Sec. 8107 -9.5.1 All mining and reclamation shall be consistent with the City General Plan, the County Water Quality Management Plan (208 Plan) and the State Surface Mining and Reclamation Act of 1975 (SMARA), as amended, and State policy adopted pursuant to SMARA. Sec. 8107 -9.5.2 - Mining and accessory uses of less than nine months in duration are not renewable nor are such uses _allowed to _continue operating for any reason beyond nine months after issuance of the permit. Sec. 8107 -9.5.3 - No provisions in this Chapter 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. Sec. 8107 -9.5.4 - 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 flood plain management. Sec. 8107 -9.5.5 - The extraction of aggregate shall strike a reasonable balance with other resource priorities such as water, farmland, fish and wildlife and their habitat, sediment for replenishment and the protection of public and private structures and facilities. Sec. 8107 - 9.5.6,- The extraction of aggregate resources in rivers and streams shall allow for the ongoing maintenance of viable riparian ecology by preserving as many natural stream elements as practical. Mining operations may provide for the enhancement of some riparian ecosystems as a mitigation to compensate for significant adverse environmental effects on other riparian ecosystems, thereby preserving the overall quality of the riparian environment. Sec. 8107 -9.5.7 - Appropriate and reasonable monitoring and enforcement measures shall be imposed on each mining operation which will ensure that all permit conditions, guidelines and standards of Sec. 8107 -9 et seq. are fulfilled. Sec. 8107 -9.5.8 - Reclamation of a site shall include the removal of equipment and facilities and the restoration of 77 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. Sec. 8107 -9.6 - Mining and Reclamation Standards - The following are minimum standards and requirements which shall be applied pursuant to Sec. 8107 -9.2. Sec. 8107 -9.6.1 - 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 flood plain management. Further, posting of signs and notification to neighboring property owners of the project's activities shall be required where necessary. ._.Sec ..._8107 - 9..6.2 Setbacks - .No.-processing equipment or facilities shall be permanently located and no mining shall occur within the horizontal setbacks specified below: a. 100 feet of - any - dedicated public street or highway unless the Public Works Agency determines a lesser distance would be acceptable. b. 100 feet of any dwelling not accessory to the project, unless a waiver is signed pursuant to Sec. 8107- 9.6.13 allowing the setback to be reduced. In no case shall permanent processing facilities, equipment, or mining be located less than 50 feet from said structures. c. 200 feet of any institution, school or other building used as a place of public assemblage, unless a waiver is signed pursuant to Sec. 8107 - 9.6.13 allowing the setback to be reduced. In no case shall permanent processing facilities or equipment or mining be located less than 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. Sec. 8107 -9.6.3 - Obstruction of Drainage Courses - Mining operations, access roads, facilities, stockpiling of mineral W. resources and related mining activities shall be consistent with current engineering and public works standards and in no case shall obstruct, divert, or otherwise affect the flow of natural drainage and flood waters so as to cause significant adverse impacts, except as authorized by the Public Works Agency. Sec. 8107 -9.6.4 = Control of Contaminants, Run -Off and _ Siltation - Contaminants, water.run -off and siltation shall be controlled and generally contained on the project site so as to minimize adverse off -site impacts. Sec. 8107 -9.6.5 - 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. Sec. 8106 -9.6.6 - 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. Sec. 8107 -9.6.7 - Painting - All permanent facilities and structures on the site shall be colored so as to mask facilities visible from surrounding uses and roadways in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. __ Said colors shall be approved by the Planning Director prior to painting of facilities. Sec. 8107 -9.6.8 - Site Maintenance - The permit area shall be maintained in a neat and orderly manner so as not to create unsightly conditions visible - from outside the permitted area or any hazardous conditions. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of mining operations. Sec. 8107 -9.6.9 - Reclamation Plan - No mining permit shall be approved without an approved reclamation plan which is: (1) consistent with the provisions of the State Mining and Reclamation Act of 1975 as amended; (2) consistent with Public Works Agency standards; (3) consistent with any and all locally adopted resource management goals and policies; and (4) compatible with the existing geological and topographical features of the area. Additional considerations, such as the following, shall also be addressed: a. The creation of safe, stable slopes and the prevention of subsidence; b. Control of water run -off 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 79 proposed uses in the general area; f. Removal or reuse of all structures and equipment; g. The time frame for completing the reclamation; h. The costs of reclamation if the City will need to contract to have it performed; i. Revegetation of the site; j. Phased reclamation of the project area; k. Provisions of appropriate securities to ensure _completion of _approved reclamation plans. Sec. 8107 - 9.6.10 - Removal of Equipment - All equipment on the project site shall be removed from the site within 180 days of the termination of the use, unless a time extension is approved by the Planning Director. Sec. 8107- 9.6.11 - 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. Sec. 8107- 9.6.12 - Exceptions to Standards - Upon the written request of the permittee, the Planning Director 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. Sec. 8107- 9.6.13 - 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. Sec. 8107 - 9.6.14 - Reporting of Accidents - The permittee shall immediately notify the Planning Director 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 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. Sec. 8107 - 9.6.15 - Contact Person - The permittee shall provide the Planning Director with the current name(s) .M and /or position title, address and phone number of the person who shall receive all orders, notices and communications regarding matters of condition and code compliance. The person(s) in question shall be available by phone during the hours that activities occur on the permit site, even if this means 24 hours a day. Sec. 8107- 9.6.16 - Current Mining Plans - For mining projects located in. sensitive areas, which operate under regularly changing environmental conditions (e.g., in -river mining), a mining plan shall be prepared by the permittee on a regular basis in accordance with the applicable conditions of a project's permit. Said plan shall describe how mining over the next interval will be conducted in accordance with the intent and provisions of the project's use permit. The plan shall be reviewed and approved by the City at the permittee Is 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. Sec. 8107 - 9.6.17 - 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 years. The purpose of said review is to ascertain whether the permittee is in compliance with all conditions of the permit, and whether there have been significant changes in environmental conditions, land use or mining technology, or if there is other good cause which would warrant the Planning Director'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. Sec. 8107 - 9.6.18 - Enforcement Costs shall be imposed which will enable the reasonable and appropriate costs necessi and monitoring of permit operations and applicable requirements of the Zoning conditions of this permit. fflo - Permit conditions City to recover the 3ry for the reviewing the enforcing of the Ordinance and the Sec. 8107 - 9.6.19 - Civil Penalties - In case of any failure by the permittee to perform or comply with any term or provision of this conditional use permit, the final decision - making authority that would act on the permit may, after notice to the permittee and a public hearing, determine by resolution the amount of the civil penalty to be levied against the permittee. Said penalty shall be paid within 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 Sec. 8111 -7.2, until such time as the penalty is paid. The payment of a civil penalty shall not insulate the permittee from liability in excess of the sum of the penalty for damages or injury or expense or liability suffered by the City of Moorpark from any breach by the permittee of any term or condition of said permit or of any applicable ordinance or of this security. 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 Sec. 8107- 9.6.20 - Performance Securities - Performance bonds or other securities may be imposed on any permit to ensure compliance with certain specific tasks or aspects of the permit. The amount of the security shall be based upon the actual anticipated costs for completing the subject task if the City were forced to complete it rather than the permittee. The performance security may be posted in phases as tasks are undertaken or required to be completed. Sec. 8107 - 9.6.21 - Insurance - The permittee shall maintain, for the life of the permit, liability insurance of not less than $500,000 for one person and $1,000,000 for all persons, and $2,000,000 for property damage. This requirement does not preclude the permittee from being self - insured. (AM.ORD.3723- 3/12/85) Sec. 8107 -10 - VETERINARY CLINICS - Veterinary clinics must be housed in a completely enclosed, soundproof building, except as provided in Sec. 8107 -17. Sec. 8107 -11 - 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 Article 5 for temporary filming apply to individual lots. Sec. 8107 -12 - OUTDOOR SALES AND SERVICES, TEMPORARY - Such uses are permitted for one calendar day in any 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. Sec. 8107 -13 - CHRISTMAS TREE SALES - The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during the 45 -day period immediately preceding December 25th. Such sales activities shall not disrupt normal traffic flows, nor result in the blocking of public rights -of -way, parking lot aisles or required parking spaces. All related structures, facilities and materials shall be removed by December 31st of the same year. Christmas tree sales are allowed one temporary, unlighted identification sign not exceeding 20 square feet in area. Sec. 8107 -14 - 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 _Sec..- 8105- 5,.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 45 days after a clearance for occupancy is issued by the City - Department of Building and Safety. Sec. 8107 -15 - 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 are in force, or on a project site within a recorded subdivision. Such storage is permitted during construction and for 45 days thereafter. Sec. 8107 -16 - CAMPGROUNDS - Campgrounds shall be developed in accordance with the following standards: Sec. 8107 -16.1 - Minimum lot area shall be three acres. MN Sec. 8107 -16.2 - At least 75 percent of the total site shall be left in its natural state or be landscaped. The remaining 25 per cent land is eligible for development. Sec. 8107 -16.3 - Each individual camp site shall be no less than 1000 sq. ft. and there shall be no more than 9 sites per developable acre. Group camp sites shall be designed to accommodate no more than 25 people per acre. Sec. 8107 -16.4 Where needed to enhance aesthetics or to ensure public safety, a fence, wall, landscaping screen, earth mound or other screening approved by the Planning Director shall enclose the campground. Sec. 8107 -16.5 - Utility conduits shall be installed underground in conformance with applicable State and local regulations. Sec. 8107 -16.6 - The design of structures and facilities, and the site as a whole shall be in harmony with the natural surroundings to the maximum feasible extent. Sec. 8107 -16.7 - Trash collection areas shall be adequately distributed and enclosed by a six - foot -high landscape screen, solid wall or fence, which is accessible on one side. Sec. 8107 -16.8 - Off -road motor vehicle uses are not permitted. Sec. 8107 -16.9 - The following standards apply to structures on the site, apart from the personal residence(s) of the property owner, campground director/ manager, or caretaker: Sec. 8107 - 16.9.1 - Structures are limited to restrooms /showers and a clubhouse for cooking and /or minor recreational purposes. Sec. 8107 - 16.9.2 - There shall not be more than one set of enclosed, kitchen - related fixtures. Sec. 8107 - 16.9.3 — There shall be no buildings that are used or intended to be used for sleeping. Sec. 8107 -16.10 - Campgrounds may include minor accessory recreational uses such as swimming pools (limit one) and tennis courts. Sec. 8107 -16.11 - Outdoor tent - camping is permitted. Sec. 8107 -16.12 - No hook -ups for recreational vehicles are allowed. Sec. 8107 - 16.13 - Occupation of the site by a guest shall not exceed 30 consecutive days. M. Sec. 8107 -16.14 - Parking Standards - See Article 8 - Recreational Uses. Sec. 8107 -17 - CAMPS - Camps shall be developed in accordance with the following standards: Sec. 8107 -17.1 - Minimum lot area shall be ten acres. Sec. 8107. -17.2 Overnight population of guests and staff shall be limited by the following calculations: Sec. 8107 - 17.2.1 Camps on property zoned Rural Agricultural (R -A) - lot size in acres x 2.56 = the maximum number of persons to be accommodated overnight. Sec. 8107 - 17.2.2 - Camps on property zoned Rural Exclusive (R -E) = lot size in acres x 10.24 = the maximum number of persons to be accommodated overnight. Sec. 8107 -17.3 - Total daily on -site population of guests and staff shall be limited by the following calculations: Sec. 8107- 17.3.1 - Camps zoned Rural Agricultural (R -A) - 5.12 x lot size in gross acres = total population allowed on site. Sec. 8107- 17.3.2 - Camps zoned Rural Exclusive (R -E) - 20.48 x lot size in gross acres = total population allowed on site. Sec. 8107 - 17.3.3 - A larger total daily population may be allowed for special events, the frequency to be determined by the camp's Use Permit. Sec. 8107 -17.4 - Building intensity shall be limited by the following standards: Sec. 8107 - 17.4.1 - Overnight Accommodations - Structures or portions of structures intended for sleeping and restrooms /showers (excepting those for permanent staff as defined in Sec. 8107 - 17.4.3) shall be limited to a collective average of 200 square feet per overnight guest and staff allowed per Sec. 8107 -17.2 (Overnight Population). Sec. 8107 - 17.4.2 -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 100 square feet per person allowed per Sec. 8107 -17.3 (Daily On -Site Population). Sec. 8107 - 17.4.3 - The residence(s) of a limited number of permanent staff such as the director, manager or caretaker are exempt from the limitations of Section 8107 - 17.4.1 (Overnight Accommodations). Sec. 8107- 17.4.4 - Since the two building intensity standards (Overnight and Total Daily) address distinctly different facilities, they shall not be interchangeable or subject to borrowing or substitutions. Sec. 8107 -17.5 - Camp facilities shall have adequate sewage disposal and domestic water. Sec. 8107 -17.6 - Camp facility lighting shall be designed so as to not produce a significant amount of light and /or glare at the first offsite receptive use. Sec. 8107 -17.7 - Camp facilities shall be developed in accordance with applicable City standards so as to not produce a significant amount of noise. Sec. 8107 -17.8 - Occupation of the site by a guest shall not exceed 30 consecutive days. Sec. 8107 -17.9 - To ensure that the site remains an integral and cohesive unit, specific methods such as the following should be employed on a case -by -case basis: open space easements, CC &R's that restrict further use of the land with the City as a third party; low density zoning to prevent subdivision of the site; and /or merger of parcels to create one parcel covering the entire site. Sec. 8107 -17.10 - 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: 60% of the total site should remain in it's natural state or be landscaped and only passive recreational uses should be permitted. Sec. 8107 -17.11 - Parking Standards - See Article 8 - Recreational Uses. Sec. 8107 -18 - RETREATS Sec. 8107 -18.1 - The minimum lot size for a retreat is five acres. Sec. 8107 -18.2 - A retreat shall not have sleeping accommodations for more than 20 people. Sec. 8107 -18.3 - Floor area shall be limited to the following: a. Maximum 200 square feet for each overnight guest, for sleeping and restroom facilities. b. Maximum 2000 square feet for all other buildings (other than structures for animals), such as kitchen and dining areas, conference rooms, storage, and the like. . Sec. 8107 -18.4 - No retreat structures shall exceed a height of 15 feet. Sec. 8107 -18.5 - A retreat may include minor accessory recreational facilities such as horse facilities, equestrian trails, hot tubs, one swimming pool and one tennis court. Sec. 8107 -18.6 - Structures related to a retreat shall be set back at least 100 feet from public roads. Foliage and natural topography shall be used to the maximum feasible extent for screening of retreat structures from public rights -of -way and from residential uses on adjacent properties. Sec. 8107 -18.7 - Lighting for nighttime activities shall be directed away from adjacent properties. Sec. 8107 -19 - GOLF COURSES - A golf course may include accessory structures as needed for maintenance and for players on a day of golfing, including a maintenance building, a pro shop, restrooms, and limited eating facilities. Sec. 8107 -20 - BUILDINGS FOR THE GROWING OF CROPS - Greenhouses, hothouses and the like shall be set back at least 20 feet from all property lines. Sec. 8107 -21 - TEMPORARY PET VACCINATION CLINICS - Temporary pet vaccination clinics, as provided for in Sec. 8105 -5, are subject to the following regulations: Sec. 8107 -21.1 - Any such clinic shall operate no more than one day in any 90 -day period within a one -mile radius of a previously conducted temporary clinic. Sec. 8107 -21.2 - Such clinics shall provide preventive medical care only, and shall not diagnose or treat injured, sick or diseased animals, except to the extent necessary to provide immunization or vaccination. Sec. 8107 -21.3 - All vaccinations shall be performed inside a trailer or other portable structure. Sec. 8107 -21.4 - Such clinics shall provide their services only during daylight hours. Sec. 8107 -21.5 - 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. Sec. 8107 -21.6 - 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 100 -foot radius thereof clean and free of flies and odors. Sec. 8107 -21.7 - Sufficient staff, other than those administering vaccinations, shall be available at the expense of the clinic operator to control crowds, assist with the handling of animals and keep the area clean. At least two such staff shall be provided in all cases. Sec. 8107 -22 - CARE FACILITIES Sec. 8107 -22.1 - Care facilities serving six or fewer persons are subject to all development standards and requirements applicable to single family dwellings. Sec. 8107 -22.2 - Day care facilities for seven to twelve children, inclusive, including the children who reside at the home, are subject to the procedural requirements of Sec. 1597.46(a)(3) of the Health and Safety Code. Sec. 8107 -23 - NONMOTORIZED WHEELED CONVEYANCE FACILITIES AND USES Sec. 8107 -23.1 - Purpose - The purpose of this Section is to establish reasonable and uniform limitations, safeguards, and controls for the design, placement, and use of facilities and structures (hereinafter referred to as "facilities ") for the nonmotorized wheeled conveyances such as, but not limited to: skateboards, bicycles, unicycles, tricycles and rollerskates. 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. Sec. 8107 -23.2 - Application - Sec. 8107 - 23.2.1 - Facilities less than 42 inches in height above adjacent finished grade level, which cover less than 32 square feet of aggregate ground area, and do not have a platform on which to stand, are exempt from the requirements of Sections 8107 -23 through 8107 - 23.10. Such exempt facilities must otherwise meet the provisions of the Zoning Ordinance. Sec. 8107- 23.2.2 - Those facilities not exempt may be permitted upon issuance of a Zoning Clearance provided all standards of this chapter are met. Sec. 8107- 23.2.3 - Facilities that exceed the standards set forth in Sections 8107 -23.3 through 8107 -23.7 may be authorized by a Conditional Use Permit approved by the Planning Director. Sec. 8107 -23.3 - Size - No point on a facility shall extend more than 8 feet above adjacent finished grade level and no facility .. or collection of facilities on a given lot shall cover more than 400 square feet of aggregate ground area. Sec. 8107 -23.4 - Setbacks - All facilities shall be set back the following distances from all other structures and property lines: Sec. 8107 - 23.4.1 - All facilities shall be set back a minimum of 6 feet from all other structures. Sec. 8107 - 23.4.2 - All facilities shall be set back a minimum of 20 feet from all property lines with an additional 5 feet of setback required for each 1 foot increase of height over 6 feet above adjacent finished grade level. Sec. 8107- 23.4.3 - Facilities shall not be located in the area between the public or private right of way and the front of the residence on the site, unless the facility is not visible from the public or private right of way or neighboring dwellings and otherwise conforms to the applicable setback requirements. Sec. 8107 -23.5 - Construction Standards - All facilities shall be constructed so as to minimize visual and auditory impacts. Sec. 8107 - 23.5.1 - The sides of all facilities that are above ground shall be enclosed with a solid material, such as plywood. Sec. 8107- 23.5.2 - Spaces between finished grade and the lower, horizontal surfaces of the facility shall be filled with earth or other suitable solid material. Sec. 8107 - 23.5.3 - The backs of all surfaces not affected by Section 8107- 23.5.2 shall be padded with sound absorbing material such as carpeting. Sec. 8107- 23.5.4 - 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. Sec. 8107 - 23.6 - Number of Persons - The number of persons using a facility or collection of facilities at a given site shall not include more than six individuals who are not residents at the site where the facility is located. Sec. 8107 -23.7 - Hours of Operation - The use of facilities shall be limited to daylight hours between 9:00 a.m. and 7:00 p.m., Monday through Saturday. Sec. 8107 -23.8 - Maintenance - Facilities shall be maintained in a neat, safe, and orderly manner. RE Sec. 8107 -23.9 - Removal - Facilities shall be removed within 90 days when no longer used, or capable of being safely used for their intended purpose. Sec. 8107 -23.10 -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. Sec. 8107 -23.11 - Compensation - The use of the facility shall be without monetary compensation to any of the parties involved, nor operated in any way as a commercial enterprise. Sec. 8107 -24 - CARETAKER RECREATIONAL VEHICLE, ACCESSORY - In a park or recreation area owned or operated by the City of Moorpark, the owner(s) of a recreational vehicle which is licensed and equipped for highway travel may reside in the recreational vehicle for up to six months in any twelve -month period, in accordance with an approved Park Host program. Sewage disposal shall be provided by means of a system approved by the Environmental Health Division. 31 ARTICLE 8 PARKING, ACCESS AND LANDSCAPING REQUIREMENTS Sec. 8108 -1 - PARKING - Parking spaces for new uses and for enlargements of existing uses shall be provided in the quantities specified below. The Planning Director shall have the authority to determine the parking requirements for any use not specifically listed herein, based on the requirements for the most comparable use specified herein. Parking spaces in addition to the number indicated below may be required for any use by the terms of a discretionary permit. a. Agriculture: Buildings for the packing or processing of agricultural products: 1 space per 500 square feet of gross floor area. b. Art galleries: see Libraries. c. Automobile repairing: 1 space per 150 square feet of gross floor area. d. Automobile sales and rental lots: 1 space for each 2,000 square feet of display area. e. Automobile service stations: 1 space for each pump island and service bay (pump island and service bay areas shall not be counted as parking spaces). f. Bars and, - taverns see Restaurants. g. Boardinghouses, bed - and - breakfast inns and the like, having sleeping rooms or areas: spaces as required for the dwelling, plus 1 space per rented bedroom. In the case of dormitories, 100 square feet of net floor area shall be considered a bedroom. h. Boat sales or rental lots: see Automobile sales and rental lots. i. Car washes: (1) Self - service: 1 space per washing stall. (2) Other: as specified by permit. j. Churches and similar structures: 1 space for every 4 fixed seats, plus 1 space per 28 square feet of area in main auditorium (sanctuary or place of worship) not occupied by permanent seats. In the case of benches or pews, 18 linear inches shall be equivalent to one seat. 91 k. Colleges and universities: (1) Classroom areas: 1 space per 200 square feet of gross floor area. (2 ) Other areas: 1 space per 250 square feet of gross floor area. 1. Commercial uses not otherwise listed: 1 space per 250 square feet of gross floor area. m. Dwelling units, including caretaker and farm worker dwellings: 2 covered spaces per unit. Exceptions as follows: (1) Bachelor or studio -type dwelling: 1 covered space per dwelling unit. (2) One- bedroom dwelling in a multi - family building: 11/4 covered spaces per dwelling unit. (3) Second dwellings: 1 uncovered space (4) Low - income or elderly multi - family rental units (this exception shall apply only when the Planning Director determines that the development meets the criteria of Sec. 8116 -4.2): See Article 16, Section 8116 -4.2 (5) Visitor parking in R -P -D Zone: see Multi- family visitor parking n. Equipment rental: 1 space per 500 square feet of gross floor area,.plus 1,space. per _2,000 square feet of outdoor storage or display area. b. Furniture and appliance stores handling primarily bulky merchandise: 1 space per 500 square feet of gross floor area. p. Gymnasiums: 1 space per 250 square feet of gross floor area. The Planning Director may modify this standard where existing parking on the same site is available for the gymnasium. q. Health clinics: see Offices, medical and dental. r. Hotels, motels and similar uses: 1 space per unit, plus one space for manager or caretaker. s. Intermediate care facilities and hospitals: 1 space for each 2 beds, plus 1 space for each 500 square feet of gross floor area. W, t. Laboratories; research and development: see Offices, not otherwise listed. u. Laundromats: 1 space per 200 square feet of gross floor area. v. Libraries, museums and studios: 1 space per 250 square feet of gross floor area. w. Manufacturing, wholesale and general industrial purposes: 1 space per 500 square feet of gross floor area. x. Ministorage: 4 spaces minimum. y. Mobilehome parks: (1) Resident parking: 2 spaces per unit, one of which must be covered. See also Section 8108- 1.3.3. (2) Visitor parking (required if internal streets are less than 32 feet wide): 1 space for each 4 units. z. Mobilehome or trailer sales lots: see Automobile sales and rental lots. aa. Nurseries (retail) and other commercial uses not in an _...._.enclo.sed_.building: 1 space per 2,000 square feet of display area. bb. Services, medical and dental: 1 space per 200 square feet of gross floor area. cc. Offices, not otherwise listed: 1 space per 250 square feet of gross floor area. dd. Public facility uses (electrical substations, pump stations, etc.) and public utility buildings: (1) Offices: 1 space per 250 square feet of gross floor area. (2) Other buildings or uses: as specified by permit. (3) Automated and unattended: none. ee. Public service buildings and uses, not otherwise listed: see Offices, not otherwise listed. ff. Recreational uses: (1) Arcades: 1 parking space plus 2 bicycle rack spaces per 50 square feet of gross floor area. 93 (2 ) Athletic fields : 1 space per 3, 000 square feet of field area, plus one space per six linear feet of seating area; minimum 20 spaces. (3) Bowling alleys: 3 spaces per bowling lane. (4) Camps: 1 space per every two overnight guests allowed per Sec. 8107 -17.2, plus 1 space per every three persons allowed as total daily on -site population (Sec. 8107- 17.3), plus 1 space per full -time employee. (5) Campgrounds /Recreational Vehicle Parks: 1 space per campsite or table, plus 1 space per full -time employee, plus 1 space per 25 campsites (or fraction thereof) for guest parking to be located near the facility office (3 guest spaces minimum). (6) Community centers: 1 space per 100 square feet of gross floor area. (7) Golf courses and driving ranges: 1 space per 200 square feet of building area used for commercial purposes, plus 3 spaces per hole (golf courses) or 1 space per tee (driving ranges). (8) Health clubs, spas and the like: 1 space per 300 square feet of gross floor area. (9) Recreational Vehicle Parks: (see Campgrounds above). See also Sec. 8107 -7 for Recreational Vehicle Park Standards. (10) Retreats: 1 space per every two overnight guests allowed per Sec. 8107 -21, plus 1 space for every three persons attending daytime activity programs, plus 1 space per full -time employee. (11) Skating rinks and dance halls: 1 space per 45 square feet of gross floor area. (12) Swimming pools, public: 1 space per 200 square feet of pool area, plus 1 space per 300 square feet of area related to the pool facilities. (13) Tennis and racquetball courts: 2 spaces per court. (14) Theaters, Amphitheaters, and similar spectator -type enterprises and establishments: i . Without fixed seats: 1 space per 21 square feet of gross floor area. ii. With fixed seats: 1 space per 3 fixed seats. 94 gg. Rest and convalescent homes: 1 space for each 2 beds, plus one space for manager or owner. hh. Restaurants, cafes, cafeterias and similar establishments: 1 space per 100 square feet of gross floor area; the minimum, regardless of floor area, is as follows: (1) With public seating on the premises: 10 spaces. (2) Without public seating on the premises (take -out or delivery only): 6spaces. ii. Schools: (1) Elementary and junior high: i. Classroom areas: 1 space per 250 square feet of gross floor area. ii. Other areas: 1 space per 500 square feet of gross floor area. (2) High schools: i. Classroom areas: 1 space per 100 square feet of gross floor area. ii. Other areas: 1 space per 250 square feet of gross floor area. (3) Professional, vocational, art and craft schools, and the like: see Colleges and universities. jj. Slaughtering: see Manufacturing. kk. Terminals, vehicle and freight: 2 spaces per loading bay, plus 1 space per 250 square feet of gross floor area. 11. Transit stations and terminals: 1 space per 20 square feet of waiting area, plus 1 space per 300 square feet of office space, plus spaces as needed for accessory uses. mm. Warehousing: 1 space per 500 square feet of gross floor area, or 1 space per 1,000 square feet of gross floor area plus 300 square feet of landscaped area (not part of required landscaping) per 1,000 square feet of GFA, for future parking area expansion. Sec. 8108 -1.1 - Mixed Uses - In the case of mixed uses, the total requirements for off - street parking spaces shall be the sum of the requirements for the various uses. Off - street parking facilities for one use shall not be considered as providing parking facilities for any other use, and shall not be 95 used for the parking of transportable facilities used for commercial purposes, except during a construction period when mobilehomes or transportable facilities are used for permitted construction office purposes. Sec. 8108 -1.2 - Surface - All required parking areas, including garages and carports, and access thereto, shall be paved with asphalt, concrete, or other material of similar rigidity and durability, and adequate drainage shall be provided. In the case of uses requiring discretionary permits in areas designated as Rural or Open Space on the City General Plan, this surfacing requirement may be waived or modified as necessary to preserve the natural appearance of the area. (AM.ORD.3810- 5/5/87) Sec. 8108 -1.3 - General Requirements of Parking Spaces Sec. 8108 -1.3.1 - Parking Space Size - The size of each off - street parking space shall be an unobstructed minimum of 9 feet wide by 20 feet long, except that: a. On legal lots less than 26 feet wide requiring two parking spaces, the Planning Director may reduce the width requirement of the parking spaces to no less than eight feet. b. Where a concrete curb around a planter in a parking lot functions as a wheel stop, the required length of a parking space abutting such curb may be reduced by a maximum of 2 feet, provided that the planter is at least 5 1/2 feet wide where vehicles overhang one side of the planter, or.,least eight feet wide where vehicles overhang both sides of the planter; and further provided that the overhang will not damage or interfere with plant growth or irrigation systems. c. The minimum size of a parallel parking space shall be 8 1/2 feet by 24 feet. Each space shall be provided with adequate ingress and egress. Sec. 8108 -1.3.2 - Location - Off- street parking spaces shall be located on the same lot as the building or use that they are to serve, or located on an adjacent or contiguous lot pursuant to an agreement with the City that the lots in question be held as one lot in perpetuity, or pursuant to the dissolution of the line separating such lots, except that: in M- Zones, off - street parking may be provided off -site if all of the following apply: a. Such off - street parking is located within 500 feet of the property to be served; MR b. The amount of off -site parking satisfies not more than 50 percent of the parking requirements of the activity for which the parking is provided; c. The site of the parking lot is in the same ownership as the principal use, or is under a recorded lease with the use that provides that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces that satisfy the requirements of this Article; and d. The parking lot is not located in a residential zone. Sec. 8108 -1.3.3 - Tandem Parking - Required parking may be provided in tandem only in a parking area serving an individual mobilehome in a mobilehome park, provided that the tandem parking is not more than two cars in depth and both spaces serve the same dwelling. Sec. 8108 -1.3.4 - Parking in Setbacks - See Sections 8106 -3 and 8106 -5.3. Sec. 8108 -1.3.5 - Residential Access - Access to parking spaces for dwellings shall be at least ten feet wide throughout and paved, except that a center strip over which the wheels of a vehicle will not normally pass need not be paved, provided that the access complies with the requirements of the Ventura County Fire Protection District. Driveways serving more than two dwellings units shall be at least 18 feet wide. See also Sec. 8106 -6.2. Sec. 8108 -1.3.6 - Roof Coverings - Roofs over required covered parking spaces .shall be permanently attached and imperforate. Sec. 8108 -1.4 - Special Parking Space Requirements - In addition to the parking spaces required by Section 8108 -1 above, projects applied for on or after the effective date of this Chapter shall provide, where applicable, the following types and numbers of spaces: a. Handicapped Parking - New parking lots shall include handicapped parking as follows (these spaces may be included as part of the total spaces required): (1) Residential - Lots with 21 to 99 spaces: one handicapped space. Also, one such space for each 100 spaces thereafter or fraction thereof over 99 spaces. (2) Nonresidential - One handicapped space for the first 40 spaces or fraction thereof, plus one additional such space for each additional 40 spaces or fraction thereof. 97 (3) Standards - Handicapped parking spaces shall be designed according to standards set forth in the State Building Code and Uniform Building Code. Aisle width is to be as required for a standard 9 by 20 -foot space. (4) Access - Handicapped spaces shall be located nearest to the main pedestrian access point from the parking area to the building or use served by the parking. b. Bicycle Parking - The Planning Director is authorized to require one or more bicycle rack or locker spaces for each 10 parking spaces, as part of any Planned Development Permit or Conditional Use Permit. Bicycle racks are to be designed to enable a bicycle to be locked to the rack. Such racks should be located near the entrance of the building(s) they serve, but not in parking lots. c. Two- Wheeled Motorized Vehicle Parking - Parking lots containing more than 20 spaces should provide at least one designated area for the parking of two - wheeled motorized vehicles, including some form of security device such as a metal rack or steel eye bolt buried in the ground to allow drivers of such vehicles to secure them. Sec. 8108 -1.5 - Parking Lot Design Standards Sec. 8108 -1.5.1 - Access a. Each parking lot entrance and exit shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of at least ten feet to a person approaching such entrance or exit on any pedestrian walk or footpath. Exits from parking lots shall be clearly posted with "STOP" signs. b. Parking aisle and space dimensions shall be in accordance with the following diagram of Parking Lot Design Standards: .. %o to N N O N N 900 PARKING 0 600 PARKING b H N �O, O 6 i tv H N W y s G s f A ..� N_ rn 300 PARKING o °= 450 PARKING - - �o, c. Parking lots shall be designed and improved to prevent entrance or exit at any point other than designated driveways. Appropriate bumper guards, wheel stops and entrance, exit and directional signs shall be provided. d. Parking lots shall be so designed that no vehicle shall be required to back out into a street in order to leave the lot or to maneuver out of a parking space. Circulation of vehicles among parking spaces shall be accomplished entirely within the parking lot. e. Spaces shall be clearly marked with paint striping at least two inches wide. f. Driveway access for all uses except residential shall be completely surfaced and shall be subject to the following: (1) One -lane curb cuts and driveways shall be a minimum of 16 feet wide and a maximum of 20 feet wide. (2) Two -lane curb cuts and driveways shall be a minimum of 25 feet wide and a maximum of 45 feet wide. g. Any two -way aisle in a parking lot must be at least 25 feet wide. h. The minimum outside turning radius shall be 24 feet. Sec. 8108 -1.5.2 - Parking Lots Abutting R -Zones - Where a parking lot abuts R -zoned property, it may be required to be separated therefrom by a solid wall, fence or compact evergreen hedge six feet in height, provided that said wall, fence or hedge shall be not. more than. three feet in height from the street property line to a depth equal to the required front setback on the abutting R -zoned property. Where such parking lot is across the street from R -zoned property, it may be required to be separated therefrom by an opaque ornamental fence, wall, landscape berm or compact evergreen hedge having a height of not less than three feet. All the screening shall be maintained in good condition. Where the ground level adjoining the street is below street grade, the wall height may be reduced by the difference in, levels. Any lights used to illuminate such parking area, or any vehicle sales area, shall be so arranged as to reflect the light away from adjoining residential property and streets. The purposes of these screening regulations are to provide privacy and protection to such residential properties, including protection from accidental trespass and from headlight glare and other automobile - related impacts. 100 Sec. 8108 -1.5.3 - Drive -In and Drive - Through Facilities - This section establishes supplementary standards for retail trade or service uses which conduct business while customers remain in their vehicles. Such uses may include drive - through facilities that are accessory to a principal building where business is conducted indoors, or that conduct all business by means of drive - through facilities. Examples of such uses are drive -in restaurants, fast food establishments with drive - through take- out windows, photofinishing services and bank services. These standards are not applicable to drive -in theaters or automobile service stations. a. Stacking Area - An area that is physically separated from other traffic circulation on the site shall be provided for cars waiting for drive - through service. The stacking area for each drive - through window or station shall be at least 100 feet long, as measured from such window or station along the centerline of the stacking lane. Separation of the stacking area from other traffic shall be by concrete or asphalt curbing on at least one side of the lane. b. Lane Separation - An on -site circulation pattern shall be provided for drive - through traffic that separates such traffic from that of parking customers. Separation should be by paint- striped lanes from the point of site access to the stacking area. Such lanes shall be at least ten feet wide. C. Directional Signs - Signs are to be provided that indicate the entrance, exit and one -way path of drive - through lanes. Sec. 8108 -1.5.4 - Slope - The finished grade of a parking lot shall not exceed five percent slope. Sec. 8108 -1.6 — (REPEALED) Sec. 8108 -1.7 - Off- Street Loading and Unloading Spaces - Every use hereafter requested which requires the receipt or distribution by vehicles of materials and/or merchandise, and every such building or structure hereafter erected, shall have permanently maintained off - street loading and unloading spaces appropriate for the use, provided that each commercial or industrial use involving the sale, exchange or storage of manufactured merchandise or movable personal property, and any similar use irrespective of where maintained, shall have at least one loading space if the gross floor area of the building exceeds 3,000 square feet. Sec. 8108 -1.7.1 - Size and Location: a. Each loading and unloading space shall be located on -site. b. Each space shall be at least 12 feet wide, 40 feet long 101 and 14 feet high, and shall be conveniently located near the service entrance(s) to the building(s). c. Such space shall not be located in any part of any required front or side yard setback. d. Such space shall be so designed that it will not interfere with vehicular or pedestrian circulation. Sec. 8108 -2 - LANDSCAPING Sec. 8108 -2.1 - C -0 Zone - The following regulations shall apply to the C -0 zone: Sec. 8108 -2.1.1 - At least ten percent of any Planned Development Permit area shall be devoted to landscaping. Sec. 8108 -2.1.2 - At least ten percent of any parking lot shall be landscaped, and such landscaping shall be considered as part of the required ten percent permit area landscaping. Sec. 8108 -2.1.3 - The required landscaping area shall be provided with permanent irrigation systems and may contain pools and pedestrian walks. Sec. 8108 -2.1.4 - Trees, approved as to type, number and location by the Planning Director, shall be planted in the parkway area between the curbs and sidewalks. Sec. 8108 -2.2 - C -P -D Zone - For developments in the C -P -D zone, landscaping and irrigation plans, together with specifications and. maintenance_ programs, .,. shall _ be- _prepared by a State Licensed Landscape Architect and submitted to the Planning Division with each Planned Development Permit application. The total area devoted to landscaping shall in no case be less than ten percent of the overall lot area. Landscape requirements may be modified by the Planning Director depending on architectural design, and may be waived for lots of less - than 5,000 square feet in area. All landscaping plans including, where required, tree plantings in parkway areas between curbs and sidewalks or in 3' x 3' sidewalk tree wells, shall be submitted to the Planning Division for approval by the Planning Director. Sec. 8108 -2.3 - M -Zones - The following regulations shall apply to all industrial zones (M -1 and M -2): Sec. 8108 -2.3.1 - Required yards adjacent to streets, not used for other purposes, shall be improved with appropriate permanently maintained evergreen plant material or ground cover. Such landscaping shall extend to the street curb line, where appropriate. 102 Sec. 8108 -2.3.2 - Trees, approved as to type, number and location by the Planning Director, shall be planted along the street line of each site. Such street trees may also be located on private property and grouped or clustered as appropriate. Sec. 8108 -2.3.3 - At least ten percent of any permit area in the M-1 and M -2 zones shall be landscaped. Sec. 8108 -2.4 - Parking Lots - In any commercial or industrial zone, at least ten percent of any off - street parking lot, including appurtenant drives or aisles shall be devoted to landscaping plant material, including trees. Appropriate wheel blocks, curbs or posts shall be installed along the parking area sides of a planting area. Sec. 8108 -2.5 - C -1 Zone - At least ten percent of any permit area in the C -1 zone shall be landscaped. 103 ARTICLE 9 STANDARDS FOR SPECIFIC ZONES AND ZONE TYPES Sec. 8109 -0 - STANDARDS FOR ALL ZONES Sec. 8109 -0.1 — Development Criteria - Factors such as the following may be considered in establishing permit conditions and in determining appropriate intensity of development, including residential densities, for the site of a proposed project: a. Air quality impacts; b. Biological resources, including flora, fauna and ecological system; c. Circulation of people and goods, including impacts on existing parking and circulation systems, traffic safety and emergency access; d. Contribution of the development to the stock of affordable housing; e. Cultural resources, including archaeological, historical and Native American resources; f. Energy - impacts on energy sources; g. Erosion and flood hazards; h. Fire hazards; i. Geology and soils; j. Health - impacts on human health; k. Infrastructure available to serve the development, and impacts on existing infrastructure (water, sanitation, electricity, natural gas, fire and police protection, recreational facilities, schools and the like); 1. Land - unique natural land features and natural resources; m. Noise - increase in noise levels; n. Orderly development principles; o. Paleontology; p. Population growth inducement; q. Relationship of the site to surrounding properties; 104 r. Scenic Highways; s. Seismic hazards; t. Soil stability; u. Solar access; v. Topography; w. Vegetation - impacts on unique native, ornamental or agricultural plant populations; x. Visual quality; and y. Water - degradation of quality or reduction in supply. Sec. 8109 -0.2 - Sewage Disposal - Sewage disposal for all requested uses and structures shall be provided by means of a system approved by the Environmental Health Division and the Division of Building and Safety. Sec. 8109 -0.3 - Fire Protection - Dwellings shall meet all fire protection requirements of the Ventura County Fire Protection District, including all requirements for construction within High Fire Hazard Area as set forth in the City Building Code. Sec. 8109 -1 - STANDARDS FOR OPEN SPACE, AGRICULTURAL AND RESIDENTIAL ZONES Sec. 8109 -1.1 - General Standards - The following standards shall apply to development in all O -S, A -E, and R- Zones: Sec. 8109 -1.1.1 - Except as otherwise provided in this Chapter, there shall not be more than one principal residential structure on any lot. Not more than two dwellings of any type shall be constructed on any lot in the R -2 zone. Sec. 8109 -1.1.2 - Care facilities - see Sec. 8107 -22. Sec. 8109 -1.1.3 - No accessory structure other than a second dwelling, temporary mobilehome /recreational vehicle during construction or a farm worker dwelling may be used for human habitation. Sec. 8109 -2.0 - The Planning Commission or City Council may grant a Residential Planned Development Permit ( RPD ) for such land in the RPD Zone or other residential zone which it finds meets the requirements of this Article. The Planning Commission or City Council may impose such additional conditions and requirements upon a RPD Permit as it finds are reasonable and necessary to carry out the purposes and requirements of this Article. NOTE: A 105 residential Planned Development Permit shall be required for projects creating five ( 5 ) or more separate residential lots in the following zones: R -A, R -E, R -O, R -1, and R -2. Standards for Residential Planned Development (R -P -D) Zone - The general requirements for the Residential Planned Development Zone are as follows: Sec. 8109 -2.1 - Application - An application for a RPD Permit may be filed by the Owner of the property or his /her authorized agent. Such application requests shall be filed with the Community Development Department. No application request shall be accepted for filing and processing unless it conforms to the requirements of this Chapter, the application requirements set forth in Article 43, and the public hearing noticing procedures set forth in this Ordinance. The requested average number of units per acre shall be consistent with the zoning and General Plan land use designation unless an application for a Zone Change and General Plan Amendment is filed concurrently with the RPD Permit application; Sec. 8109 -2.2 - Content of Applications - The content of the RPD Permit application shall be accompanied by the prescribed number of copies of a project plan and such other detailed elevations, plans and other information as may be required to adequately evaluate the proposed development. For a residential subdivision project requiring a RPD Permit, a tentative tract map or parcel map application shall not be complete until an application is also filed and determined complete for a RPD Permit consistent with the requirements of this Article and the provisions of this Chapter. Sec. 8109 -2.2.1 - The project plans shall include the following information: a. A map showing division of the land for the sale of the individual property, if any. b. Existing contours at two (2) foot intervals if the existing ground slope is less than 10 percent (10 %) and not less than five (5) foot intervals for existing ground slopes greater than or equal to ten percent (10%), Contour intervals shall not be spread more than one hundred fifty (150 ) feet apart and existing contours shall be represented by dashed lines or by screened lines. c. Location of all living trees having a trunk diameter of four (4) inches or more measured at four and one -half (4 1/2) feet above the root crown, and other major natural features shall be shown. HIM d. Proposed automobile and bicycle access and pedestrian way locations and dimensions. Proposed off - street parking, including the location, number of stalls, dimensions and circulation system. e. Proposed loading areas, including the location, dimensions, and number of berths. f. Lot dimensions and all recorded easements. g. Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi - public buildings and other uses. h. Areas proposed for commercial uses, multi- and single - family dwellings, or other uses proposed to be established within the project. i. Proposed location and elevations of buildings on land including, dimensions, the size of the structure, height, setback, materials and yard areas. j. All proposed signs and their locations, size and height. k. Proposed landscaping walls, fencing, screening, trash collections areas, and usable open space areas. 1. Location and size of existing and all proposed utility lines and drainages. m. A schedule for the development if phasing is proposed. n. Tabulation of total number of acres in the proposed project and the percent thereof designated for various uses; and the number of dwelling units proposed by type of dwelling for each unit of development. o. Construction materials and colors. p. Such additional information as may be required by the Director of Community Development, consistent with Section 65944 of the State Government Code (or any subsequent amendments to that Section of the Government Code), to clarify, amplify, correct, or otherwise supplement the information required for the application, and to comply with the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. The Director may waive or modify the RPD Permit application requirements, listed above, if such items are found not to be applicable to the proposed development. 107 q. If the applicant disagrees with the application requirements of Section 8109 - 1.2.1. p as determined by the Director of Community Development, he /she may appeal the Director's decision to the City Council, at no cost, before the application has been determined complete. Sec. 8109 -2.3 - Development Standards - Development Standards, including building heights, minimum lot size, and setbacks, for the R -A, R -E, R -O, R -1, and R -2 Zones shall be consistent with the standards, conditions and exceptions set forth in this Ordinance unless modified by the City Council or Planning Commission. For residential projects proposed in the RPD Zone, development standards shall be as specified in this Article unless modified by the City Council or Planning Commission. Sec. 8109 -2.3.1 - RPD Zone Setback Regulations - The following regulations shall apply to the RPD Zone unless modified by the City Council or Planning Commission. (Setbacks for Structure not listed below shall be consistent with applicable setback requirements of the Moorpark Zoning Code.) Sec. 8109 -2.3.2 - Setbacks for Market -Rate, Single- Family Residential Projects: a. Front Setback: overall average of twenty -four (24) feet is required for tract with a minimum setback of twenty (20) feet. b. Minimum side setback from any public street: twelve (12) feet. c.. Minimum side -- setback on...an interior lot: six (6) feet. d. Sum of side yards on any lot: minimum of eighteen (18) feet. e. Minimum distance between structures that are separated by a side lot line and do not share a common wall: twelve (12) feet. f. Minimum setback from a rear lot line: thirty (30) feet for a house, twenty (20) feet for an enclosed patio, ten (10 ) feet for an open patio cover or balcony, and five ( 5 ) feet for an accessory structure. Sec. 8109 -2.3.3 - Setbacks for Oualified Affordable Single - Family Residential Projects: a. Minimum front setback: Twenty (20) feet. b. Minimum side setback from any public street: ten (10) feet. W c. Sum of side yards on any lot: minimum six (6) feet. d. Minimum distance between structures that are separated by a side lot line and do not share a common wall: six (6) feet. e. Minimum setback from a rear lot line: fifteen (15) feet for a house, ten (10 ) feet for an enclosed patio, open patio cover, or balcony, and three (3) feet for an accessory structure. f. Detached accessory garages and carports may be constructed along side and rear property lines on commonly -owned land, provided that a twenty (20) foot setback from public streets is maintained. Sec. 8109 -2.3.4 - Setbacks for Market -Rate Multi - Family Residential Development Proiects: a. Minimum landscaped setback of thirty (30) feet from any primary or secondary arterial street and twenty (20) feet from any collector, minor, or cul -de -sac street. b. Minimum interior yard side setback: ten (10) feet. c. Minimum rear setback: As determined by the RPD Permit d. In the case of RPD subdivisions involving townhouse developments, the setbacks shall be measured from the exterior property lines surrounding the project. Sec. 8109 -2.3.5 - Setbacks for Oualified Affordable Multi- Family ...Residential.Development Projects: a. Minimum landscaped setback of thirty (30) feet from any primary or secondary arterial street and twenty (20) feet from any collector, minor, or cul -de -sac street. b. Minimum interior lot side setbacks and rear setbacks: as determined by the RPD Permit c, In the case of RPD subdivisions involving townhouse developments, the setbacks shall be measured from the exterior property lines surrounding the project. Sec. 8109 -2.4 - RPD Zone Height Requirements - The following regulations shall apply to the RPD Zone unless modified by the City Council or Planning Commission: a. The maximum height of a single - family residence may be increased above 25 feet, to a maximum of 35 feet, if the side yard is at least 15 feet. b. The maximum height for a structure shall be 35 feet. 109 multi - family residential c. For single - family and multi - family residential structures, no more than three stories shall be permitted. d. The maximum height of accessory structures shall be 15 feet, with the exception that the maximum height of a patio cover shall be 12 feet. Sec. 8109 -2.5 - RPD Zone Minimum Lot Area - Shall be as specified by the RPD Permit, consistent with the Zoning designation. Sec. 8109 -2.6 - Parking Requirements - Parking Shall be provided consistent with the provisions in City of Moorpark Zoning Ordinance unless a modification is approved by the Planning Commission or City Council. Sec. 8109 -2.7 - Commercial Uses Permitted by RPD Permit - The City Council may allow, within an area covered by the RPD Permit, minor specified commercial uses when the Council finds: Sec. 8109- 2.7.1 - The commercial uses are designed for the sole use of residents within the permit area; Sec. 8109-2.7.2 - The proposed commercial uses are incidental to and compatible with the nature and type of development proposed for the permit area and shall be confined within the internal area of the development to minimize impacts to existing neighborhoods. Sec. 8109 -2.8 - Findings - A RPD Permit may only be granted if all billed fees and charges for processing the application request .that are due for payment have been paid, and if all of the following findings can be made based on factual evidence and testimony presented at the public hearing: a. Finding that the Planned Development is consistent with the intent and provisions of the City's General Plan, Zoning Code and any applicable Specific Plan. b. Finding that the Planned Development is compatible with the character of surrounding development. c. Finding that the Planned Development would not be obnoxious or harmful, or impair the utility of the neighboring property or uses. d. Finding that the Planned Development would not be detrimental to the public interest, health, safety, convenience, or welfare. Sec. 8109 -3 - STANDARDS FOR COMMERCIAL ZONES Sec. 8109 -3.1 - The following standards shall apply to development in all commercial zones: 110 Sec. 8109 -3 - STANDARDS FOR COMMERCIAL ZONES Sec. 8109 -3.1 - The following standards shall apply to development in all commercial zones: Sec. 8109 -3.1.1 - Enclosed Building Requirements - All uses shall be conducted within a completely enclosed building, unless the use is specifically listed in Article 5 as an outdoor use or is one which must be located outdoors in order to function. Sec. 8109 -3.1.2 - Lighting - There shall be no illumination or glare from commercial sites onto adjacent properties or streets which may be considered either objectionable by adjacent residents or hazardous to motorists. Flashing lights are strictly prohibited. Sec. 8109 -3.1.3 - Undergrounding of Utilities - Utility lines, including electric, communications, street lighting and cable television, shall be placed underground by the applicant, who shall make the necessary arrangements with the utility __companies_ for the installation of such facilities. This requirement may be waived by the Planning Director where it would cause undue hardship or constitute an unreasonable requirement, provided that such waiver is not in conflict with California Public Utilities Commission - rules, requirements or- tariff - schedules. This section shall not apply to utility lines which do not provide service to the area being subdivided. Appurtenant structures and equipment such as surface - mounted transformers, pedestal - mounted terminal boxes and meter cabinets may be placed above ground. Sec. 8109 -3.1.4 - Retail Establishments - Retail establishments may include accessory wholesaling, but not wholesale distribution centers. Sec. 8109 -3.1.5 - Processing Standards - Not more than five employees shall be involved in the permitted manufacturing, processing or packaging of products. Such activities shall be permitted in commercial zones only as accessory to a principal retail use. 111 Sec. 8109 -3.1.6 - Performance Standards - Development in commercial zones is subject to.the performance standards of Sec. 8109- 3.1.3. Sec. 8109 -3.2 - Open Storage - Open storage of materials and equipment shall be permitted in the C -P -D Zone only when approved as part of an entitlement, provided that such storage area shall be completely screened from view from any adjoining property or roadway by a solid wall or fence at least six feet in height and shall be appropriately landscaped and maintained in good condition. Sec. 8109 -3.3 - Accessory Businesses in C -0 Zone - In the C -0 zone, accessory barber shops, beauty shops, coffee shops and newsstands may located in an office building, provided that there are no entrances direct from the street to such businesses, no signs or other evidence indicating the existence of such businesses visible from the outside of any such office building, and provided that such building is of sufficient size and character that the. patronage of.-such-businesses may be expected to be furnished substantially or wholly by tenants of the office building. Sec. 8109 -4 - STANDARDS FOR INDUSTRIAL ZONES Sec. 8109 -4.1 - The following standards shall apply to development in all industrial zones: Sec. 8109 -4.1.1 - Undergrounding of Utilities - Utility lines, including electric, communications, street lighting and cable television, shall be placed underground by the applicant, who shall make the necessary arrangements with the utility companies for the installation of such facilities. This requirement may be waived by the Planning Director where it would cause undue hardship or constitute an unreasonable requirement, provided that such waiver is not in conflict with California Public Utilities Commission rules, requirements or tariff schedules. This section shall not apply to utility lines which do not provide service to the area being subdivided. Appurtenant structures and equipment such as surface - mounted transformers, pedestal- mounted terminal boxes and meter cabinets may be placed aboveground. 112 Sec. 8109 -4.1.2 - Private Streets - Private streets may be built as part of an industrial development, in accordance with Article 8. Sec. 8109 -4.1.3 - Industrial Performance Standards - Industrial performance standards are the permitted levels of operational characteristics resulting from processes or other uses of property. Continuous compliance with the following performance standards shall be required of all uses, except as otherwise provided for in these regulations: a. Objectionable Factors The following shall be maintained at levels which are appropriate for the zone and geographic area and are not objectionable at the point of measurement when the use is in normal operation: (1) Smoke, odors, vapors, gases, acids, fumes, dust, dirt, fly ash or other forms of air pollution; (2) Noise, vibration, pulsations or similar phenomena; (3) Glare or heat; (4) Radioactivity or electrical disturbance. The point of measurement for these factors shall be at the lot or ownership line surrounding the use. b. Hazardous Materials - Land or buildings shall not be used or occupied in any manner so as to create any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials shall comply with all applicable local and national safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire - fighting and fire suppression equipment in compliance with Ventura County Fire Prevention Regulations. The burning of waste materials in open fires without written approval of the Fire Department is prohibited. 113 c. Liquid and Solid Wastes - Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial processes in sewage treatment. The disposal or dumping of solid wastes, such as slag, paper and fiber wastes, or other industrial wastes shall not be permitted on any premises. d. Exceptions - Exceptions to these regulations may be made during brief periods for reasonable cause, such as breakdown or overhaul of equipment, modification or cleaning of equipment, or other similar reason, when it is evident that such cause was not reasonably preventable. These regulations shall not apply to the operation of motor vehicles or other transportation equipment unless otherwise specified. Sec. 8109 -4.2 - M -1 Zone - The following regulations shall apply to the M -1 Zone: Sec. 8109 -4.2.1 - Uses involving the following kinds of activities and elements are not considered appropriate in the M -1 Zone: a. High temperature processes; b. Yards for the storage of materials; C. Storage of chemicals in excess of that needed as accessory to the main use; d. Explosives in any form; e. Obnoxious or dangerous gases, odors, fumes or smoke; f. Assembly -line construction operations. (AM.ORD.3810- 5/5/87) Sec. 8109 -4.2.2 - Predominant activities and operations shall be enclosed within buildings, except as otherwise provided in this Chapter. The Planning Director is authorized to determine the reasonable application of this provision in cases of operation hardship or other showing of special circumstances. 114 Sec. 8109 -4.2.3 - Multi - tenant buildings are permitted, provided that the building is designed to appear as a single building with a unified design. Sec. 8109 -4.2.4 - Principal buildings constructed of metal are not permitted. Accessory buildings constructed of metal shall have exterior surfaces of a stainless steel, aluminum, painted, baked enamel or similarly finished surface. Sec. 8109 -4.2.5 - 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. Sec. 8109 -3.2.6 - Off - street parking spaces may be located within required setbacks from streets under certain circumstances; see Sec. 8106 -5.3. Sec. 8109 -4.3 - M -2 Zone - The following regulations shall apply to the M -2 Zone: Sec. 8109 -4.3.1 - The same criteria given for the M -1 Zone (Sec. 8109 -3.2.1 above) apply to the.M- 2_Zone, except that the latter allows uses which may involve moderate levels of noise, small -scale assembly -line processes and light metal work. Sec. 8109- 4.3.2 -- Principal buildings constructed of metal shall be faced along any street side with masonry, stone, concrete or similar material, such facing treatment to extend along the interior side yards of such building a distance of at least ten feet. The metal portion of the principal building and all metal accessory buildings shall have exterior surfaces constructed or -faced with a stainless steel, aluminum, painted, baked enamel, or similarly finished surface. Sec. 8109 -4.3.3 - Outside storage and operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building and shall be screened from view from any street by appropriate walls, fencing, earth mounds or landscaping. Outside storage located in a required yard shall not exceed a height of 15 feet. Sec. 8109 -4.3.4 - Off - street parking spaces may be located within required setbacks from streets under certain circumstances; see Sec. 8106 -5.3. 115 Sec. 8109 -5 - STANDARDS FOR OVERLAY AND SPECIAL PURPOSE ZONES Sec. 8109 - 5.1 - Standards and Procedures for Planned Community (P- C) Zone Sec. 8109 -5.1.1 - Special Standards - In addition to the specific development standards required in Section 8106 -1, the following shall also apply in the P -C Zone: a. Adequate separation of different types of uses shall be maintained in order to provide for landscaping and screening, and to avoid potential adverse impacts from one use on another due to noise, lighting, odors, vibration and the like. b. The following uses are permitted in the P -C zone: (1) Crop production; (2) Growing, packing, storage and preliminary processing of crops, where no structures are involved; (3) Produce stands (see Article 7); (4) The keeping of animals, provided that a Conditional Use Permit shall be obtained from the Planning Commission for any structures for animals. The addition of any other uses is not permitted unless a specific use zone which permits or conditionally permits the proposed use is adopted for the subject area. The requested zone must be in conformance with the adopted preliminary development plan. c. Trash enclosures shall be protected from animals and architecturally screened in such a manner as to conceal their contents from public view. Sec. 8109 -5.1.2 — Procedure and Conditions for Permits: a. An application for rezoning to P -C shall include a preliminary development plan indicating the location and approximate acreage of all residential, commercial, industrial, institutional and other uses, proposed residential densities, site topography and a general circulation plan. 116 The zone change and preliminary development plan shall be approved concurrently by the Board of Supervisors, and said plan shall be incorporated into the rezoning ordinance. All subsequent permits shall be in compliance with the approved preliminary development plan. Any changes to an approved preliminary development plan which are deemed by the Planning Director to be substantial shall be subject to the same procedural requirements as the original zone change to P -C. b. An application for rezoning to P -C or S -P shall also include the following maps and reports: (1) Maps indicating geological conditions, areas subject to flooding and fire hazard areas. (2) Soils reports, prepared by a licensed soils engineer, indicating the suitability of the site for its proposed use. (3) Reports that describe the existing systems, services and community facilities in and around the project ..area, including-.-vehicular circulation systems, sewer and water systems, flood control systems, community facilities (e.g., schools, parks, recreation, library and community services) and community services (e.g., law enforcement, fire suppression, health and welfare services). The reports for these systems, facilities and services shall state the name of the responsible agency, present capacity of the system, present level of demand or use of the system, planned additions to capacity and anticipated load resulting from the proposed- development. (4) Reports that describe the proposed systems, services and community facilities to be constructed or provided by the applicant. The reports shall state the name of the agency that will assume responsibility, proposed capacity of the system, and projected demand of the entire project upon completion. (5) Reports that describe the cost - revenue relationships for proposed public services and utilities (e.g., sewer and water), and community services. 117 (6) The submission of any of the maps and reports described in this section may be waived, or their content reduced, at the discretion of the Planning Director, if such maps or reports are deemed unnecessary. Sec. 8109 - 5.2 - Standards and Procedures for Specific Plan (SP) Zone Sec. 8109 - 5.2.1 - Special Standards - In addition to the specific development standards required in Section 8106 -1 and 8109 - 5.1, the City may require additional standards, procedures and conditions as determined to be appropriate by the City as a result of the City's review of the proposed development. 118 ARTICLE 10 SIGN REQUIREMENTS Sec. 8110 -0 - PURPOSE - The purpose of this Article is to promote traffic safety and the aesthetics of the visual environment of City through the regulation of all signs within the unincorporated areas, except in public rights -of -way. Regulations contained herein are the least burdensome regulations to carry out the above stated purpose. Sec. 8110 -1 - DEFINITIONS Advertising Sign - A sign which calls attention to products, goods or services for sale or hire, or which otherwise contains a commercial message. Attached Sian - Any sign posted, painted on, or constructed or otherwise attached to the wall, facade, canopy, marquee, or other architectural part of a building. Canopy Sign - Any sign attached to or constructed in or on a canopy or marquee. Directional Sign - Any sign which serves solely to designate entrances or exits, or the location or direction of any on -site area. Double -faced Sian - A sign structure with messages on both sides of a sign board or panel; or a sign with two faces that are ..attached _to .each. other, on,-,one.-side. and form an „angle of not more than 30 degrees; or a sign structure with two attached parallel faces not more than 18 inches apart, with a message on each face. Freestanding Sian - Any sign which is anchored directly to the ground or . supported from the ground, or is attached to a freestanding wall or fence. Identification Sian - An on -site sign which indicates the premises, occupants, address, neighborhood or entrance location to the premises. Noncommercial Message - A display or statement on a sign which calls attention to something other than products, goods, or services for sale or hire. Such messages are permitted on any type of sign provided that all the standards of this Article are followed. Off -site Sian - A sign which displays commercial or noncommercial messages related to property, goods, services, or ideas not found on, or related to, the property on which the sign is located. 119 On -site Sign - A sign located on the same site as the occupant, business, trade or profession to which it relates. Permanent Sign - A sign intended to be erected and maintained for a period of more than 60 days. Political Sign - A temporary sign or handbill erected prior to an election, excluding leased space on the face of permanent, legal, off -site advertising signs (billboards). Projecting Sign An attached sign which projects outward perpendicularly or at an angle from a wall or building face. Real Estate Sign - A sign which advertises the sale, rental or lease of the property on which it is maintained. Roof Sign - Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Siun - A communication device using words or symbols, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary display designed to advertise, identify or convey information. Sign Area a. Area of Simultaneously Visible Faces - Where the lettered or illustrative material of a sign is placed upon a sign board or other sign structure having a continuous or essentially continuous, surf ace_ or, f ace . (whether _ plane, curved, angulated or otherwise), the background or face area of simultaneously visible faces of such sign board or sign structure shall be the sign area. For purposes of computation, single and double faced signs are considered to have the same area; in other words, a double -faced sign having two square feet of sign copy on each face ..is_ considered to have two square feet of sign area. The Planning Director may require landscaping or other screening at the open end of a double -faced sign whose faces are not parallel. b. Framed Area - Where the lettered or illustrative material of a sign is not placed as described in a above, but is framed either mechanically or visually by the design or layout of the sign itself, then the area so framed shall be the sign area. c. Geometric Unframed Figure - Where the lettered or illustrative material is not placed or framed in the manner described in a or b above, but is composed either vertically, horizontally, diagonally or otherwise, essentially in the form of a rectangle, triangle or similar geometric figure, the area of the geometric figure within which such material 120 could be enclosed shall be the sign area; except that when the space between the elements comprising the sign exceeds 1112 times the average size of the elements themselves, the area of the elements may be measured separately as provided in d below. d. Area of Abutting Rectangles - Where the lettered or illustrative material is not placed, framed or composed as described in a, b or c above, the total area of the abutting rectangles or other simple geometric shapes within which the individual words, letters, illustrations or other elements comprising the sign could be enclosed shall be the sign area. e. Clocks and Thermometers - Time and temperature devices without advertising copy will not be included in determining the sign area. Tract Sian - An off -site sign relating to the original sale of property other than that on which the sign is constructed. Window Sian - A sign or combination of signs painted on, attached to, or designed or placed so as to be read principally through the windows from outside the structure. Sec.. 8110 -2 - PERMIT REQUIREMENTS - To ensure compliance with the regulations contained in this Article, a Sign Permit is required for each nonexempted sign to be erected or maintained, except as required elsewhere in this Article. Plot plans and elevation drawings shall be submitted with all Sign Permit applications for signs. Only signs on one property may be applied for on one application. Sec . 8110 -3 __ - .._.EXEMPTED SIGNS,.:-w!_ as-. otherwise.: specified in this Article and subject to regulations locating signs with reference to street intersections, freeways, scenic highways and primary toads, the following signs shall be exempt from the requirements of this Article: a. Governmental signs providing general information to the public, and for control of traffic or similar regulatory purposes, including street signs, danger signs and warnings at railroad crossings; b. Memorial tablets or signs not exceeding two square feet, including those indicating names of buildings and dates of construction, when cut into any masonry surface or inlaid so as to be part of the building, or when constructed of bronze or similar noncombustible material; c. Signs required to be maintained by law or governmental order, rule or regulation, with a total surface area not exceeding ten square feet on any lot; or street address numbers with a total surface area not exceeding two square feet; 121 d. Signs which are not visible beyond either the boundaries of the lot on which they are located, or from any public right- of -way, or from any parking area, or circulation area open to the general public; e. Flags or seals of the United States of America or the State of California, or emblems of a civic, philanthropic, educational or religious organization, when such emblems do not exceed four square feet in area and, if freestanding, five feet in height, and such flags or emblems are not used in connection with a commercial promotion or as an advertising device; f. Parking lot or other private traffic directional signs not exceeding four square feet in area per sign. Each lot is permitted one such sign per entrance to the lot or premises, to direct pedestrian or vehicular traffic on the same property. g. Signs placed by a public utility, conveying information on the location of facilities in the furtherance of service or safety; h. Freestanding on -site real estate signs 12 square feet or less in area, having a maximum panel length or height of eight feet (excluding real estate tract signs); i. Temporary construction signs, provided that: (1) Only one sign is erected per construction site; (2) The sign does not exceed six square feet in open space, ..agricultural. and ..R.- zones, or.-24 square feet in all.other zones; (3) The sign is used only to indicate the name of the construction project and the names and locations (state and city or community only) of the contractors, architects, engineers, landscape designers, project or leasing agent, and /or financing company;' (4) The sign is displayed during construction only; and (5) The sign does not exceed six feet in height if freestanding. j. On -site real estate "for sale" or "for lease" signs less than 12 square feet in area and no higher than 6 feet from finished grade pertaining to the property displayed within a window, subject to Sec. 8110 -6.13. Only one such sign is allowed on each street frontage of the property. k. Temporary "open house" signs. Only one such sign is allowed on each street frontage of the property on which the open house is being held. Such sign may be single- or double- 122 faced and is limited to a maximum of three square feet in area and four feet in height. Such signs shall contain only the address of the property where the open house is being held and the name of the real estate agent or party holding the open house. Such signs shall be erected and removed on the same day the open house is held and shall not be fastened or attached in any way to a building facade or architectural element. 1. Signs or banners announcing the opening of a new business which, in the aggregate, do not exceed ten square feet or 25 percent of the window area, whichever is greater. Such signs may be erected for a maximum of 60 days during the opening of the new business. m. Other signs, including political and "no trespassing" signs, having noncommercial messages and not exceeding two square feet in area on any lot. n. Individual window signs not exceeding ten square feet in area for each business; see also Sec. 8110 -6.13. Sec. 8110 -4 - PROHIBITED SIGNS - The following signs and sign types are prohibited: a. Sandwich - board, A -frame and portable freestanding signs, with the exception of the signs in the downtown overlay area; b. Bench signs, except at bus stops designated on a valid bus schedule; c. Signs which flash, scintillate, move or rotate, except for _clocks and..time.and..temperature signs; d. Banners, pennants, flags (except as permitted by Sec. 8110 -3e, 3L, or Section 8110 -6.11; no other flags are permitted); e. Captive balloons or signs which change color or appear to change color or where the intensity of light changes or appears to change, except on a temporary basis in accordance with Sec. 8110 -6.11; f. Portable and trailer - mounted off -site advertising or tract signs; g. Any sign which emits sound; h. Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with the free use of any fire escape, exit or standpipe, or will obstruct any stairway, door, ventilator or .window; i. Projecting signs, unless suspended from a canopy in accordance with Sec. 8110 -6.2, or attached to a service station canopy roof in accordance with Sec. 8110 - 6.9.1; 123 j. Roof signs; k. Any sign or sign structure which is structurally unsafe or constitutes a hazard to health or safety by reason of design, inadequate maintenance or dilapidation; 1. Any sign erected or attached to any tree or utility pole within any public right -of -way, or any sign erected within the boundaries of the required right -of -way for any mapped road as shown on the Circulation Element of the City General Plan; m. Any sign erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic; n. The use of any item of merchandise or other commodity related to the business as a sign, except as such commodity may be permanently incorporated into a sign structure as permitted by this Article; o. Signs attached to the exterior surfaces of windows; p. Off -site signs, except as specifically permitted in Sections 8110 -5.1 and 8110 -5.6. Sec. 8110 -5 - GENERAL SIGN REGULATIONS - Section 8110 -5.1 sets forth the standards for sign categories, except bench signs, canopy signs, cooperative display panels, illuminated signs, political signs, service station signs, symbol signs, temporary signs and window signs which are set forth in Sec. 8110 -6 below. The latter section also contains more detailed standards and regu ations applicable_to .... tract signs. 124 Sec. 8110 -5.1 - Sign Standards Notes *F =Total street frontage of lot in linear feet. (a) Only those real estate signs over 12 square feet require Zoning Clearance. (b) Prohibited in open space zones; see also Sec. 8110 - 6.12. (c) Real estate signs may exceed 12 sq. ft. by one square foot for each 10 feet by which the width of the lot, or two or more 125 OPEN SPACE, AGRICULTURAL AND R -ZONES ON - SITE OFF - SITE ATTAC.HED--T FREESTANDING FREESTANDING SIGN REAL T PE IDENTIFICATION ESTATE (bAk� (1) (c) MAXIMUM NUMBER 1 1 1 1 PER LOT PERMITTED LESSER OF LESSER OF 12 72 20 OR -ff 25 OR is W (SQUARE FEET) MAXIMUM NOT ABOVE WALL HEIGHT TO WHICH IT 5 10 10 (FEET) IS ATTACHED MAXIMUM (d) 10 16 16 LENGTH ( FEET) COMMERCIAL AND INDUSTRIAL ZONES ON - SITE OFF- SITE ATTACHED FREESTANDING FREESTANDING SIGN REAL ADVERTISING TRACT IDENTIFICATION ESTATE (f. k) TYPE (a) (e) MAXIMUM NUMBER NO LIMIT (9) 1 1. IRRESPECTIVE OF TYPE PER LOT PERMITTED GREATER OF 10 12 SEE SEC. 72 AREA (h) OR F ; MAX. 200 -r (�) 8110 -6.7.5 (SQUARE FEET) MAXIMUM LESSER OF 25 OR 16 25 10 HEIGHT (i) HEIGHT OF HIGHEST (FEET) BUILDING ON SITE MAXIMUM LENGTH (d) 25 25 25 (j) 16 ( FEET) Notes *F =Total street frontage of lot in linear feet. (a) Only those real estate signs over 12 square feet require Zoning Clearance. (b) Prohibited in open space zones; see also Sec. 8110 - 6.12. (c) Real estate signs may exceed 12 sq. ft. by one square foot for each 10 feet by which the width of the lot, or two or more 125 contiguous lots in single ownership, exceeds 70 feet, to a maximum of 72 square feet. (d) All signs may cover up to 75% of the length of the wall or building face on which the sign is located. A sign may wrap around a corner of a building if the corner is curved and not at a 90 degree angle. (e) Permitted in M -2 zone only; see also Sec. 8110 -6.7. (f) Permitted on vacant property in C -P -D and M -zones only; see also Sec.8110 -6.12. (g) Large sites may have signs 500 feet apart; maximum 200 sq. ft. of total freestanding sign area per lot. A drive - through restaurant may have an extra 16- square foot menu board; see Section 8110 -6.14. (h) Each wall or building face is permitted one square foot of sign area per linear foot of wall length; maximum 120 square feet, regardless of the number of signs. (i) Sign may not extend above the eaves of a gable roof, nor more than two feet above the face of the canopy or a parapet wall to which it is attached. No sign may be located higher than the building roof line. (j) For 375 - square -foot signs, the length may be increased to 36 feet. (k) Prohibited in SHP Overlay Zone; see also Sec. 8109- 4.5.4b. (1) ...A sign for, a.,. produce_. stand .may__have_ a, commercial message; see Sec.8107 -6.9. Sec. 8110 -5.2 - Location Sec. 8110 -5.2.1 - Signs are subject to the structural setbacks set forth in Section 8106 -1; the setback shall be measured to the outermost projection of the sign structure on the side where the setback is being measured. Exceptions as follows: a. On -site freestanding signs three feet or less in height may be located within a setback adjacent to a street. b. A sign attached to an existing wall or fence is exempt from the setback requirements, provided that the sign does not project beyond any edge of such wall or f enc e . Sec. 8110 -5.2.2 - No sign shall be erected within a sight triangle unless such sign, in compliance with the provisions of this Article, is less than two feet above 126 curb grade, and no part of its means of support has a single or combined horizontal cross section exceeding eighteen inches. Sec. 8110 -5.3 - Maintenance - Every sign as permitted by this Article shall be maintained in good condition. The Planning Director may require any improperly maintained sign, temporary or permanent, to be repaired or removed upon the failure of the owner(s) to repair or remedy a condition of any sign declared by the Department of Building and Safety to be unsafe, or declared by the Planning Director to be improperly maintained, within 30 days from the receipt by the owner(s) of a written notice to that effect. Sec. 8110 -5.4 - Public Rights- of -Way Sec. 8110 -5.4.1 - Installation of any sign within a City right -of -way requires an Encroachment Permit issued by the Transportation Department of the Public Works Agency. Sec. 8110 -5.4.2 - No existing tree shall be trimmed, pruned or removed from a City right -of -way to increase the visibility of any sign, unless such work is first approved by the Public Works Agency. Sec. 8110 -5.5 - Measurement of Sign Height - Where the average grade of the lot on which a sign is placed is at or above the adjacent street grade, the sign shall be measured from the grade level adjacent to the sign. Where the average grade of the lot is below the adjacent street grade, the sign height shall be measured from the adjacent street grade. Sec. 8110- 5.6 -r7 -Lots Having No Street. Frontacre -. _.If _a_ lot_ has no street frontage, the easement providing for access to the lot shall be considered part of said lot for purposes of sign placement. Sec. 8110 -6 - SPECIFIC REGULATIONS BY TYPE OF SIGN Sec. 8110 -6.1 - Bench Signs - are permitted at bus stops designated on a valid bus schedule. The copy area of such signs shall be a maximum of four square feet in open space, agricultural and residential zones, and eight square feet in commercial and industrial zones. No bench sign shall extend beyond the edges of the bench backrest. Sec. 8110 -6.2 - Canopy Signs - may extend to within one foot of the edge of a canopy from which the sign is suspended. Signs painted on or affixed to canopies shall be considered part of the total allowable area of attached signs for that building. Signs suspended under canopies which project over private or public walkways or drives open to the public shall be limited to an area of eight square feet per sign. 127 Sec. 8110 -6.3 - Clocks and Thermometers - Time and temperature devices shall have a maximum area of 24 square feet. Sec. 8110 -6.4 - Display Structures for Pedestrian Viewing - Such structures are allowed subject to conditions stated in a CUP or PD Permit in all commercial zones, and may include enclosed display of products sold or bulletin -type advertising stands which may or may not serve other functional purposes, such as kiosks, covers for inclement weather and the like, or they may serve as an additional structural element visually to enhance pedestrian ways or landscaped or parking areas. a. Location - Such structures shall not be located in any required setbacks. b. Area - The area of pedestrian sign display structures shall be in accordance with Sec. 8110 -5.1 (matrix), and may be allowed in addition to sign area otherwise permitted for the lot. c. Lighting - Illumination of pedestrian sign display structures such as kiosks may be by indirect or diffused light only. Sec. 8110 -6.5 - Illuminated Signs - Signs in open space, agricultural and residential zones may have indirect or diffused illumination. Illuminated signs in nonresidential zones shall not exceed the brightness of a diffused light panel having cool white fluorescent 800 milliampere lights spaced at least ten inches on center. Sign illumination shall not result in glare being directed toward surrounding properties. The source of illumination shall not be visible from a walkway or street. Sec. 8110 -6.6 - Back - Mounted Freestanding Signs - Any sign erected on the back of an existing freestanding sign must have the same exterior dimensions as the existing sign. Sec. 8110 -6.7 - Freestanding Off -Site Advertising Signs - Such signs are only permitted with a City Council approved Conditional Use Permit in accordance with Article 11, shall only be permitted for tract sales only, and are subject to the following regulations and standards in addition to those listed in Sec. 8110 -5.1: Sec. 8110 -6.7.1 - Freestanding off -site advertising signs are prohibited within Scenic Corridors or if visible from a Scenic Highway. No such sign shall be established so as to obstruct the view toward any area of scenic or historic significance designated by the Planning Commission. The view of the ocean from a freeway has scenic significance. Sec. 8110 -6.7.2 - Only uni -pole design is permitted for such signs up to 72 square feet in area, and encouraged for all other signs. 128 Sec. 8110-6.7.3 - Any such sign shall be located at least 500 feet from any other freestanding off -site sign, at least 500 feet from a freeway interchange, at least 50 feet from the exterior boundaries of a service station site and at least six feet from any other structure. Such sign may not extend beyond the boundaries of the lot on which it is located. Sec. 8110- 6.7.4 - The back of such sign, if not used for advertising copy, shall be screened if visible from any public right -of -way. Sec. 8110 -6.7.5 - As part of an entitlement process, a sign program may be required to be submitted by the applicant to the Department of Community Development for review and approval by the City. If the approved sign program is in conflict with the sign code, the more restrictive of the two shall apply. Sec. 8110 -6.7.6 - In addition to the permit standards of Sec. 8111 - 2.1.2, the following design criteria shall be considered in the reviewing of all Conditional Use Permit applications: a. Sign structures shall be of the most modern design (with the exception of the downtown area) and aesthetically attractive type feasible as determined by the Department of Community Development or approved Planned Development Permit. b. The number of light fixtures shall be kept to a minimum and integrated into the design of the structure. C. On developed sites, landscaping shall be used to enhance the appearance of the sign, and to the extent possible, to allow the sign to blend with the remainder of the site. ,d.__,- The.use of.planter boxes to improve the appearance of the sign base, and trees to mask the unused side of a single -faced sign, are encouraged. e. Sign poles and other non -copy elements shall be made to blend visually with the color(s) and texture(s) of the background, including any buildings. Sec. 8110 -6.7.7 - Noncommercial messages are permitted on freestanding, off -site advertising signs in accordance with all requirements of Sec. 8110 -6.7 and Sec. 8110 -5.1. Sec. 8110-6.8 - Political Signs - The purpose of this section is to prevent damage to public property, protect the integrity of the electoral process and prevent the erosion of aesthetic quality and historic values within the City. It is specifically recognized that if temporary political signs on 129 private property are not removed after the election is held, the deteriorating signs and accumulating debris become a blight, defacing the landscape. It is therefore an intent of this Article to make provision for the erection and removal of such signs after the election which they publicized has been held. Sec. 8110 -6.8.1 - Political Signs on Private Property - No temporary political sign shall exceed sixteen square feet in area. The aggregate area of all temporary signs placed or maintained on any lot in one ownership shall not exceed eighty square feet. Sec. 8110 -6.8.2 - Political Sign Registration - In order to keep track of the placement of temporary political signs to assure removal subsequent to an election, such signs shall be registered with the Department of Community Development by the candidate or his or her registered agent, or, when a ballot proposition is involved, by an authorized agent of the group or organization sponsoring the signs, prior to the distribution of such signs for the attachment or installation on any property. Registration of political signs shall be on forms available in the Planning Department and shall be accompanied by an agreement signed by the candidate or his or her authorized agent, or when a ballot proposition is involved, by an authorized agent of the group or organization sponsoring the signs, that within ten calendar days after the election all political signs shall be removed, and a certified statement by the registrant that consent will be obtained from each owner of the property on which a sign is to be posted. Sec. 8110 -6.8.3 - Location - Political signs may not be _.._affixed, installed,. _.or.. erected within_ 10.0_ feet. of. a_- polling place or historic site, nor within 660 feet of the edge of a "Scenic Highway" as determined by the City or a freeway, nor in any location where the sign will impair sight distance or create a hazard to traffic or pedestrians, nor on any telephone pole, lamppost, tree, wall, fence, bridge, bench, hydrant, curbstone, sidewalk or other structure in or upon any public right -of -way, nor upon any other public property. Sec. 8110 -6.8.4 - Enforcement - Except for signs remaining posted after the post - election deadline, any political sign not posted in accordance with the provisions of this Article shall be deemed to be a public nuisance and shall be subject to removal by the candidate, property owner, or, when a ballot proposition is involved, the authorized agent of the group or organization sponsoring the sign or, upon their failure to do so after reasonable attempt at notice by the City, by City officers or zoning inspectors. Any political sign which is not removed within the ten days following an election shall be subject to summary removal and confiscation by the City. 130 Sec. 8110 -6.9 - Service Station Signs - On -site service station signs are permitted in accordance with the following regulations: Sec. 8110 -6.9.1 - Attached Signs - are permitted as follows: a. Maximum permitted area in square feet is three times the square root of the area (in square feet) of the wall or canopy face. Maximum 200 square feet for all attached signs, except that when wall area exceeds 5,000 square feet, the sign area may be increased by ten square feet for each additional 500 square feet of wall area over 5,000, to a maximum of 50 square feet per side. b. Maximum height - 16 feet, provided that the sign does not extend above the eaves of a gable roof nor more than two feet above the face of the canopy or parapet wall to which it is attached. c. Brand name insignia, emblems or medallions may be attached to the building frontage of the service station. Symbol background area may be 14 square feet maximum per symbol, maximum ten feet horizontally and maximum eight feet vertically. Sec. 8110 -6.9.2 - Freestanding Monument Signs - are permitted as follows: a. Maximum area in square feet is the lesser of 32 square feet or 0.8F -40, where F is the lot frontage in linear feet. b. Maximum height is 5 feet. Sec. 8110 -6.9.3 - Overall Area Limit - The maximum total area for all signs on a service station site is 300 square feet. Sec ..8.110 - 6.9...4.., - .Numerical Limit..-.There is no limit on the number of signs on a service station site, except that poster boards are limited to two; see Sec. 8110 - 6.9.5, below. Sec. 8110 -6.9.5 — Poster Boards - Two poster boards mounted on permanently anchored footings may be installed in locations which do not obstruct safe visibility from vehicles. Each poster board may have a maximum area of 15 square feet and a maximum height of six feet. Sec. 8110 -6.9.6 - Identification Sian - An identification sign may be attached to hang below the canopy. Sec. 8110 -6.10 - Symbol Signs Not on Service Stations - One symbol sign in the form of a graphic presentation of goods or services sold or rendered on the premises or a traditional emblem associated with a trade, which emblem or symbol bears no 131 written message or trademark, shall be permitted on each building frontage of the enterprise provided that it is affixed to the building, canopy or wall which is part of the building frontage and does not project over any publicly maintained right -of -way. These signs shall not project above the canopy or wall. No such symbol sign if attached to the building shall exceed 64 square feet in area, and no such symbol sign if hanging from a canopy or facia shall exceed two square feet in area. Such signs shall be included in the total area of signs allowed on the lot where they are located. Sec. 8110 -6.11 - Temporary Signs - are permitted as follows: Sec. 8110 - 6.11.1 - Attraction Devices - The Planning Director may authorize temporary banners, pennants, flags or captive balloons for a period of up to 30 days in any six month period or 30 consecutive days in any six month period. A period of 90 days for the purpose of advertising a grand opening may be authorized for a new business. Sec. 8110 - 6.11.2 - Removal - No Sign Permit for a temporary sign promoting an event shall be issued unless and until the applicant therefore has signed an agreement that the sign involved will be removed within seven days after the expiration of the 30 -day temporary period. Said agreement shall authorize City agents to remove expired signs and shall be accompanied by a cash deposit, the amount of which shall be determined by the City. The deposit,may be used to defray the costs of sign removal in the event the permit holder defaults upon the agreement as aforesaid. Appropriate refunds to the applicant(s) shall be made upon written report to the Planning Director that sign removal has been satisfactorily accomplished. Sec. 8110 -6.12 - Off -Site Tract Signs - Such signs are permitted on agriculturally zoned property, on vacant residentially or industrially zoned property, and on vacant property zoned C -P -D, only after a final tract map has been recorded, for a period of __18 months _from the. date of issuance of the_ Sign Permit for such sign or until all lots have been sold, whichever is the first to occur. No tract shall have more than four off -site signs advertising its existence. Such signs may be located adjacent to routes traveled to reach the tract advertised unless such route has been adopted as a freeway or County Scenic Highway in any of the Elements of the City's General Plan, or is a State - designated Scenic Highway, or if the proposed sign location is within a "Scenic Corridor" adopted by the City Council. A deposit for removal of the sign shall be required. Sec. 8110 - 6.12.1 - City Restrictions - Tract signs located within the City shall advertise only tracts located within the City or within cities located therein, or may exhibit noncommercial messages for a period of 18 months. 132 Sec. 8110 - 6.12.2 Additional Restrictions - No lot shall have thereon both a off -site tract advertising sign and an on -site identification sign, and no tract sign shall be placed within 500 feet of any other tract sign. Sec. 8110-6.13 - Window Signs - Window signs shall not exceed 25 percent of the window area and no more than 150 total square feet. That portion of total window sign area that exceeds ten square feet on any individual business shall be counted toward the attached sign area permitted for that business. Signs attached to the exterior surfaces of windows are prohibited. Sec. 8110 -6.14 - Menu Boards for Drive - Through Restaurants - A drive -in or drive- through restaurant is permitted one menu board not exceeding 16 square feet in area, which shall not be counted toward the sign area or permitted number of signs otherwise allowed for the lot or premises. Sec. 8110 -6.15 - Model Tract Pole Signs - Model home tract pole signs shall be permitted provided that a plot plan shall be submitted and approved that complies with the following requirements: (1) A plot plan shall show the location of all proposed poles, setbacks, height, spacing dimensions, number and size. (2) Location - Permitted only around the perimeter of the tract site area and complex, and shall not be permitted to exceed two hundred (200) feet from the nearest model unit or within two hundred (200) feet of any occupied residence. (3) Height - Fourteen (14) feet maximum. (4) Setbacks - Three (3) feet minimum from property boundaries. (5) .. Spacing.. ..To be_.determined at the time of review of the plot plan and approval of the permit. (6) Flag Size - Twelve (12) square feet maximum. (7) Flag Number - Maximum of two (2) flag poles per model unit and one (1) flag per pole. (8) Time period - Permitted for one (1) year or until the last unit is sold, whichever occurs first. Renewals of the permit shall not exceed one year for each renewal as approved by the Director of Community development. (9) Removal Deposit - The applicant shall pay such application fees and rem,oval fees as the City Council may adopt by Resolution. Such fees shall be sufficient to cover one - hundred (100) percent of all costs to the 133 City in administering these sections. (10) The Director of Community Development may modify these requirements due to a topographic location hardship. (11) All model tract flags shall be well maintained and kept in good condition (i.e. not tattered or torn). Sec. 8110 -6.16 - For Rent and For Lease Signs in Multi - Family Residential Zones - Signs providing information of units being offered for "rent or lease" may be allowed on -site only. These signs must be in conformance with the provisions of this section. A sign permit from the Department of Community Development is required prior to the installation of the sign. (a) Size - The sign shall not exceed twelve (12) square feet. (b) Height - Shall not exceed six (6) feet measured from finished grade. (c) Materials - The sign shall use the same materials as the parent building or landscape fixtures, and shall be weatherproof. (d) Location - Not less than five (5) feet inside the property line and must be located within one of the City's multifamily residential zones. (e) OTHER RESTRICTIONS - Signs shall be non - illuminated and not be placed within fifty (50) feet from any off -site residence, corner, or other directional signs. No more than.,, one. such-,. sign ...may .,be. _ displayed -, on:_.each :...street frontage. Such signs shall be located no closer than fifty (50) feet from any corner. All signs shall carry only the name of the residential complex, business address and business phone number and "For Rent" and /or "For Lease ". No changeable copy, picture, or graphic shall be included on such sign. Sec. 8110 -7 - ABATEMENT OF SIGNS RELATING TO INOPERATIVE FUNCTIONS - Signs pertaining to enterprises or occupants that are no longer using a property shall be removed from the premises within 60 days after the associated enterprise or occupant has vacated the premises. Other signs of a temporary nature shall be removed within ten days following the event or other purpose served by the sign in the first instance. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to summary abatement pursuant to Section 38773 of the California Government Code, and the expense of such abatement shall be a lien against the property on which the sign was maintained and a personal obligation against the property owner. Said property owner shall first be served with a notice to abate the nuisance and shall be given the opportunity for a hearing before the Planning Director. 134 Sec. 8110 -8 - NONCONFORMING SIGNS Sec. 8110 -8.1 - Continuance - In cases where the area of signs existing as a valid nonconforming use on a property exceed the total allowable area for permitted signs, no additional signs shall be permitted on the property. If the size or configuration of a lot or building is changed by the subdivision of the property or by alterations, identification signs and outdoor advertising signs on the resulting properties shall be required to conform to the sign regulations applicable to the newly created lot or lots at the time such change becomes effective. Sec. 8110 -8.2 - Repair - A nonconforming sign may be repaired, provided that it has not been damaged in excess of 60 percent of its value. Such damaged nonconforming sign may not be expanded, reconstructed or relocated without being made to comply in all respects with the provisions of this Article. Sec. 8110 -8.3 - Amortization - All signs rendered nonconforming by the provisions of this Article shall be altered, removed or otherwise made to comply with the provisions of this Article within the following time periods, which shall run from either the effective date of this Article or such later date as the use is made nonconforming: Political Signs . . . . . . . . . . . . . . . . . . . 10 days Signs painted on structures . . . . . . . . . . 1 year All other signs . . . . . . . . . . . . . . . . . . . 5 years Provided,. however ,.that..,the,.following_time, periods .shall apply to signs legally erected, pursuant to a valid sign permit issued within the two years immediately preceding the effective date of this Article: Signs painted on structures ...... 1 year from effective date of this Article.or from the expiration date of the permit. Freestanding off - site...... Pursuant to California advertising sign in open space, agricultural or residential zones...... pursuant to Calif. Business and Professions Code Sec. 5412.1 et seq. Freestanding off -site advertising signs ...... Not subject to amortization All other signs ...... 5 years from effective date of this Article or from the expiration date of this permit. Sec. 8110 -8.4- Abatement - Nonconforming signs shall either be made to conform with the provisions of this Article or be abated within the applicable period of time. In the event they are not, the Planning Director shall order the same to be abated by the owner 135 of the property or by any other person known to be responsible for the maintenance of the sign. Sec. 8110 -8.5 - Manner of Abatement - Unless some other mode of abatement is approved by the Planning Director in writing, abatement of nonconforming signs shall be accomplished in the following manner: a. Signs Painted on Structures - By removal of the paint constituting the sign or by permanently painting it in such a way that the sign shall not thereafter be or become visible; b. Other Signs - By removal of the sign, including its dependent structures and supports; or pursuant to a sign permit duly issued allowing modification, alteration or replacement thereof in conformity with the provisions of this Article. 136 ARTICLE 11 ENTITLEMENTS - PROCESS AND PROCEDURES Sec. 8111 -0 - PURPOSE - The purpose of this Article is to establish procedures for the processing of land use entitlements, including permits and variances. Sec. 8111 -1 - LEGAL LOT REQUIREMENT - No permit shall be issued for construction on a lot which is not a legal lot. Sec. 8111 -2 - Sec. 8111 -2.1 - Discretionary Permits - Entitlements authorized by this Chapter include the following: Sec. 8111 -2.1.1 - 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 allowed as a matter of right, but which are subject to site plan review and which may be conditioned in order to assure compliance with the requirements of this Chapter and with the purposes of the applicable zone. Planned Development Permits may be granted by the Planning Director or designee through an administrative hearing process, or by the Planning ._.Commiss.ion,. or- .City_ Council- through a . public__. hearing process. In the case of residential developments built pursuant to Article 16 (qualified affordable /elderly housing developments), the Planning Commission shall hold a public hearing and shall make recommendations to the City Council who shall hold an additional public hearing and shall make the final determination on the Planned Development Permit. This includes Industrial Planned Development (IPD), Residential Planned Development (RPD) and Commercial Planned Development (CPD) b. Conditional Use Permit (CUPS - A Conditional Use Permit is a permit based on a discretionary decision required prior to initiation of particular uses not allowed as a matter of right. Such permits are subject to site plan review and may be conditioned at the time of a hearing. Such permits may be denied on the grounds of unsuitable location, or may be conditioned in order to be approved. Conditional Use Permits may be granted through a public hearing process by the City Council, the Planning Commission, or the Planning Director or designee. Except for 137 projects initiated by a City agency or department, applications for Board of Supervisors- approved Conditional Use Permits shall first be reviewed by the Planning Commission. Sec. 8111 -2.1.2 - Permit Standards — Planned Development and Conditional 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, and if all of the following standards are met, or if such conditions and limitations, including time limits, as the decision - making authority deems necessary, are imposed 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 of Division 8, Chapters 1 and 2 of the City Ordinance Code; 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; and 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. Sec. 8111 -2.1.3 - Additional Standards for A -E Zone - In addition to the provisions of Section 8111 - 2.1.2, before any permit is issued for any land use which requires a Conditional Use Permit in the A -E Zone, the following standards shall be met or be capable of being met with appropriate- conditions and limitations being placed on the use: a. That the establishment or maintenance of this use will not significantly reduce, restrict or adversely affect agricultural resources or the viability of agricultural operations in the area; b. That structures will be sited to minimize conflicts with agriculture, and that other uses will not significantly reduce, restrict or adversely affect agricultural activities on -site or in the area, where applicable; and C. That the use will be sited to remove as little land from agricultural production (or potential agricultural production) as possible. 138 Sec. 8111 -2.1.4 Compliance with Other Documents - When necessary to ensure consistency with other City Planning documents such as area plans, conditions which are more restrictive than the standards of this Ordinance may be imposed on discretionary permits. Sec. 8111 -2.1.5 -Additional Standards for Overlay Zones -In addition to the provisions of Sec. 8111 - 2.1.2, development within any overlay zone having specific development standards, pursuant to Article 9, must comply with such standards. Section 8111 -2.1.6 - Additional Standard for Hazardous Waste Facilities - For any proposed development of a hazardous waste facility, the following additional standard must be made or be capable of being made with conditions and limitations being placed on the use; a) That the proposed hazardous waste facility is consistent with the portions of the County Hazardous Waste Management Plan which identifies specific sites or siting criteria for hazardous waste facilities. Sec. 8111 -2.2 - Other Entitlements Sec. 8111 -2.2.1 - Zoning Clearance - A Zoning Clearance is a permit which is granted on the basis of a ministerial decision by the Planning Director or designee without a hearing. A Zoning Clearance certifies that a proposed use of land or structures meets all requirements of this Chapter and the applicable conditions of any previously- approved permit. a. Applicability of Zoning Clearance - Except as provided in Section 8105 -2, a Zoning Clearance is required prior to the initiation 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 Division 8, Chapters 1 and 2 of the City of Moorpark Ordinance Code. A Zoning Clearance shall be issued if the proposed use of land or structures: (1) (2) (3) Is permissible under the present zoning on the land and Division 8, Chapters 1 and 2 of the Ordinance Code; Is compatible with the policies and land use designations specified in the General Plan; Complies with the applicable terms and conditions of any applicable permit or other 139 entitlement; (4) Is not located violation exists of the terms of the lot, unless necessary to the violation; and on the same lot where a of said Chapters 1 and 2 or an existing permit covering the Zoning Clearance is abatement of the existing (5) Is not being requested by or for the same party that owes the City fees for charges under Sections 8111 -3.9. (5) 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. (7) Is consistent with the portions of the County Hazardous Waste Management Plan which identifies specific sites or siting criteria for hazardous waste facilities. b. Expiration - Zoning Clearances shall expire 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. Sec. 8111 -2.2.2 - Variances - Variances are adjustments in the regulations contained in this Chapter. Variances are based on discretionary decisions and may be granted to allow deviations from ordinance regulations governing such development._factors,_ as..setbacks,,..height,. lot_, coverage, lot area and width, signs, off - street parking, landscaping and wall, fencing and screening standards. Variances shall be processed in accordance with the provisions of this Article. 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 Section 8111- 2.2.2d, variance requests shall be heard by the Planning Commission through a public hearing process. a. 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. For the purposes of this section, vicinity includes both incorporated and unincorporated areas if the property in question is within the sphere of influence of an incorporated area. b. 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: 140 (1) That there are special circumstances or exceptional characteristics applicable to the subject property with regard to size, shape, topography, location or surroundings, which do not apply generally to comparable properties in the same vicinity and zone; and (2) 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 (3) 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 (4) 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. (5) 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. C. Burden of Proof - The applicant shall have the burden of proving to the satisfaction of the appropriate ....decis. ion - making, - authority._ that _the__ above... standards are met. d. Duration - Any variance is considered to run with the land. An expiration date may be imposed at the time the variance is granted. Sec. 8111 -2.2.3 - Reserved Sec. 8111 -2.2.4 - Reserved Sec. 8111 -3 - FILING AND PROCESSING OF APPLICATION REQUESTS Sec. 8111 -3.1 - Submission of Applications - An application for a permit or variance may be filed by the owner of the property or his /her authorized agent, a lessee who holds a lease whose terms permit the use applied for, or by any duly constituted government authority or agent thereof. Such application requests shall be filed with the Department of Community Development. No application request shall be accepted for filing and processing unless it conforms to the requirements of this Chapter, contains in a full, true and correct form the required materials and information prescribed by the forms 141 supplied by the City of Moorpark Department of Community Development and is accompanied by the appropriate fees. Sec. 8111 -3.2 - Existing Violations - No application request for an entitlement shall be accepted if a violation of Chapter 1 or Chapter 2 exists on the lot, provided that the violation was a result of the actions or inactions of the applicant or his predecessor(s) in interest, until the violation is abated, unless the acceptance of the application is necessary to the abatement of the existing violation. Sec. 8111 -3.3 - Content of Applications - The content of applications shall be determined by the Planning Division. 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. Sec. 8111 -3.4 - Completeness of Application - Not later than 30 calendar days after the Planning Division has accepted an application under this Chapter, the applicant shall be notified in writing as to whether the application is complete or incomplete, except in the case of zone changes, which are legislative acts and thus are not subject to the 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. Sec. 8111 -3.4.1 - Review of Supplemental Information - If an application is deemed incomplete and the applicant - subsequently_... submits the required.._ information, the application is then treated as if it were a new filing, and the 30 -day review period begins on the day that the supplemental information is submitted. Sec. 8111 -3.4.2 - 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 90 -days from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. An extension to this six -month period may be granted by the Planning Director on written request by the applicant showing good cause. Sec. 8111 -3.5 - Review and Conditioning of Applications - Applications and proposed uses shall be reviewed for the appropriate environmental document and also 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. Sec. 8111 -3.5.1 - Consultant Review - City staff may refer 142 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 shall be borne by the applicant and are independent of the fees paid to the Planning Division for the processing of the application request. Sec. 8111 -3.5.2 - Securities - Except as otherwise specified in this Chapter, 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 Planning 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 permittee to perform or comply with any term or condition of a discretionary entitlement, the decision - making authority may, after notice to the permittee and after a public hearing, determine by resolution the amount of the penalty, and declare all or part of the security-forfeited.,-The sureties.-and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the City of Moorpark. 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 of Moorpark from any breach by the permittee of any term or condition of the permit or of any applicable ordinance or of the security. C. The permittee shall maintain the minimum specified amount of a penal security throughout the life of the entitlement. Within 30 days of any forfeiture of a penal security, the permittee shall restore the security to the required level. 143 Sec. 8111 -3.5.3 -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 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 reabandonment 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). Sec. 8111 -3.6 - Nullification - Zoning Clearances and all licenses issued therefrom, and all other entitlements, shall become null and void if: a. The application request which was submitted was not in full, true and correct form. b. The entitlement issued does not comply with the terms and provisions of the permit originally granting the use under Division 8, Chapters 1 and 2, of the City Ordinance Code. c. The entitlement was issued erroneously. Sec. 8111 -3.7 - 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 or approval of the subject request. Sec. 8111 -3.8 - Amendments to this Chapter - An application to amend this Chapter shall be proposed in accordance with Article _15 Sec. 8111 -3.9 - Fees - Each application request for any purpose subject to the regulations of Division 8, Chapters 1 and 2 of the Ordinance Code, except appeals, shall be accompanied by payment of all outstanding fees and charges billed by and owed to the City of ..Moorpark _under_ Division 8,. Chapters_. l .and 2 by the applicant or by persons, partnerships, corporations or other entities owned or controlled by the applicant or owning or controlling the applicant. Furthermore, 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, City of Moorpark, State of California entitles RESOLUTION ESTABLISHING SCHEDULE OF LAND DEVELOPMENT PRELIMINARY PROCESSING FEE DEPOSITS, before it is accepted for filing and processing. Sec. 8111 -3.9.1 - Exemptions - No filing fee need accompany applications for activities sponsored by nonprofit organizations such as Scouts, 4 -H Clubs and Little Leagues, which are solely youth- oriented. No filing fee shall be charged or collected for any application or appeal filed by any City officer, employee, board or commission on behalf of the City of Moorpark. 144 Seca 8111 -3.9.2 - 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. In no event shall such double fee exceed the application fee set forth in Resolution 222 plus $1,000.00. 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. Sec. 8111 -3.9.3 - Billing Method - Once a decision becomes effective regarding an entitlement, the applicant shall be billed for the balance of fees and charges up to the ceiling amount as specified by the fee schedule (Resolution 222). Should final costs be less than the deposit fee, the unused portion of the deposit shall be refunded to the applicant. Upon request, an accounting of all fees and charges billed to the applicant shall be made available. An applicant may request, or the City may require, incremental billing for processing costs of an application request. All fees and charges shall be due and payable within 30 days of the date of any billing invoice. If billed fees and charges are not paid within 30 days of the invoice date, a penalty charge of five percent of the unpaid balance will be added to the balance due. Each month thereafter, an interest charge of two percent of the unpaid balance shall be added and compounded until the bill is paid in full. Whenever fees and charges are not paid as prescribed, the City shall pursue collection of said fees and charges in a diligent manner. Sec. 8111 -3.9.4 - Failure to Pay - While the City may choose not- to .,_stop _ ,, processing_.. an.. application . for _ which the applicable billed fees and charges have not been paid, the City may, after a hearing, deny such application based on the applicant's failure to pay said fees and charges. Sec. 8111 -3.10 - Continuance of Permit During Application __...,_Renewal Process_- Unless otherwise provided in the conditions of the permit, permits being processed for renewal shall remain in full force and effect until the renewal request is acted on and all administrative appeals have been exhausted, provided that the renewal application was accepted as complete by the Planning Division prior to the expiration of the permit. All the terms and conditions of the original permit must be followed at all times. 145 Sec. 8111 -4 - NOTICE AND HEARING PROCEDURES Sec. 8111 -4.1 - Notice Sec. 8111 -4.1.1 - All hearing notices prepared pursuant to this Article 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. Sec. 8111 -4.1.2 - Whenever a hearing is required under this Article before an application can be acted upon, the Planning Division shall set a date, time and place for the matter to be heard, and shall give public notice of the hearing by publication in a newspaper of general circulation at least ten days prior to the hearing. Sec. 8111 -4.1.3 - In addition, if the hearing involves a discretionary permit (other than an Emergency Use Authorization) or modification thereto, a variance or modification or revocation thereof, an appeal regarding any variance or discretionary permit, or a zoning ordinance amendment which affects the permitted uses of property, then a written notice, postage prepaid, shall be mailed to all of the following, pursuant to Government Code Section 65091, as the same may be amended from time to time. a. The owner of the subject property, or the owner's duly authorized agent; b. The applicant, if different from the owner; c. Each local agency whose ability to provide essential services or facilities to the project may be significantly affected by the project; and d. The owners of all real property situated within a _ radius of 1,000 feet, with the exception of variance requests associated with one single family residential dwelling unit which will have a distance requirement of 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 1,000, a one - eighth page advertisement published at least ten days prior to the hearing in a newspaper of general circulation may be substituted for the direct mailing. e. All parts of section 8163 -5.1 of the Moorpark Municipal Code relating to public hearing notices shall be adhered to. 146 Sec. 8111 -4.1.4 - Notification shall also be mailed or delivered, at least ten days prior to the hearing, to any person who has filed a written request for such notice with the Planning Director. Sec. 8111 -4.1.5 - In the case of appeal hearings, notice shall also be provided to the appellant and, if applicable, to the City official, department, Board or Commission whose order, requirement, permit, decision or determination is the subject of the appeal. Sec. 8111 -4.2 - Hearing Procedures - The decision - making authority(s) shall hold at least one 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 Planning Director or designee. Sec. 8111 -4.3 - Public Hearing Quorum - A quorum for a hearing before the Planning Commission or the City Council shall consist of three members. The approval of any discretionary decision or permit, or other matters brought before either body, requires the concurrence of at least three of its members. The secretary shall enter the decision in the minutes or records of the meeting. Sec. 8111 -4.4 - Referrals - A decision - making authority may refer a matter back to the preceding hearing body for further report, information_or.study. Sec. 8111 -4.5 - 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, before adjournment thereof, publicly announce ,......the_ date, time and place to. which the matter will be continued. Except for the posting of an agenda containing the continued matter in a public place at least 72 hours before the continued hearing, no further notice need be given. Sec. 8111 -5 - DECISIONS - Not more than 40 calendar days following the termination of hearings on an application request requiring a discretionary decision, the final decision- making authority shall render its 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 Planning Director 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. 147 Sec. 8111 -5.1 - Deferral of Decisions on Applications Sec. 8111 -5.1.1 - The Planning Director may defer any decision on a Planned Development Permit or Conditional Use Permit application (including modification) to the Planning Commission at any time within 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 deferred for any other cause deemed justifiable by the Planning. Director. Sec. 8111 - 5.1.2 - The Planning Commission may defer a decision on an entitlement to the City Council in cases where two entitlements regarding the same property or site are being processed concurrently, and the City Council is the decision - making authority for one of the entitlements. Sec. 8111 -5.2 - Decision Options - The decision- making authority hearing a discretionary matter may 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 Chapter and its various Articles will be observed, and that the public interest, health, safety, convenience and welfare will be served. In the absence of any, provision to the contrary in a decision granting a request, said request is granted as set forth in the application. All conditions and restrictions applied to a decision on an application request not appealed shall automatically continue to govern and limit the subject use or structure unless the action of the decision - making authority clearly indicates otherwise. Sec. 8111 -5.3 - Notice of Decision - Not later than 30 calendar days following the effective date of a decision, the Planning Division shall cause the decision - making authority's decision to be mailed 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. 148 Sec. 8111 -5.4 - Effective Date of Decisions Sec. 8111 -5.4.1 - 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 Planning Director prior to the expiration of the appeal period. Sec. 8111 -5.4.2 - A decision of the City Council is effective on the date it is rendered. Sec. 8111 -5.5 - Effect of an Appeal - The filing of an appeal shall automatically stay all proceedings in furtherance of the subject request. 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 Sec. 8111 -8. Sec. 8111 -5.6 - Implementation - The Planning Director shall be responsible for preparing the resolutions or letters mentioned in this Article 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 Article and Chapter. It shall be the responsibility of the permittee to ensure that all conditions placed on a permit are met. Sec. 8111 -5.7 - Expiration - Unless otherwise specified in ,this. --Chapter 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 shall expire one year from the date of issuance unless a Zoning Clearance has been issued. After expiration of a permit, the property affected thereby shall be subject to the regulations of the applicable zone classification and all other provisions of this Chapter. The permittee is solely responsible for the timely renewal of a permit; the City has no obligation to notify the permittee of the imminent expiration of the permit. Sec. 8111 -6 - REAPPLICATION - An application request may be denied with prejudice on the grounds that two or more similar application requests have been denied in the past two years, or that other good cause exists for limiting the filing of applications with respect to the property. If such denial becomes effective, no further application for the request shall be filed in whole or in part for the ensuing 18 months except as otherwise specified at the time of the denial, or unless there is a substantial change in the application. 149 Sec. 8111 -7 - MODIFICATION SUSPENSION AND REVOCATION Sec. 8111 -7.1 - Modification of Permits - An application for modification of a permit or variance pursuant to this Section may be filed by any person or entity listed in Sec. 8111- 3.1. Any change of an approved discretionary permit is also a discretionary decision and is considered to fall into one of the following three categories: Sec. 8111 -7.1.1 - Reserved Sec. 8111 -7.1.2 - Minor Modification - Any proposed change that exceeds the criteria of a site plan adjustment, but is not extensive enough to be considered a substantial or fundamental change in land use relative to the permit, would not have a substantial adverse impact on surrounding properties, and would not change any findings contained in the environmental document prepared for the permit, shall be deemed a minor modification and be acted upon by the Planning Director or designee through an administrative hearing process. Sec. 8111 -7.1.3 - 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. Sec. 8111 -7.2 - 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 Chapter. An application for such modification, suspension or revocation may be filed by any person or entity listed in Sec. 8111 -3.1, ..or by. any _other aggrieved person. . The applicant for such modification, suspension or revocation shall have the burden of proving one or more of the following causes: a. That any term or condition of the permit or variance has not been complied with; b. 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; c. That the use for which the variance or permit was granted has not been exercised for at least 12 consecutive months, has ceased to exist, or has been abandoned; d. That the use for which the permit or variance was granted has been so exercised as to be detrimental to the public 150 health, safety or general welfare or as to constitute a nuisance; e. That changes in technology, or in the type or amount of development in the vicinity of the use, or other good cause warrants modification of conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located. Sec. 8111 -7.2.1 - Nonwaiver - The failure of the Planning Director, Planning Commission or City Council to revoke a variance or permit, or to suspend its use, whenever cause therefor exists or occurs, does not constitute a waiver of such right with respect to any subsequent cause for revocation or suspension of the use. Sec. 8111 -7.2.2 - Prohibition - No person shall carry on any of the operations authorized to be performed under the terms of any permit during any period of suspension thereof, or after the revocation thereof, or pending a judgment of court upon any application for writ taken to review the decision or order of the final appeal body in the City in suspending or revoking such permit; provided, however, that nothing herein contained shall be construed to prevent the performance of such operations as may be necessary in connection with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation, for which a suspension of the permit was 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. Sec. 8111 -8 - APPEALS - Unless otherwise provided in this Chapter, an appeal shall be processed in the same manner as other discretionary application requests set forth in this Article and in accordance with the following: Sec. 8111 -8.1 - General - An application for an appeal concerning any order, requirement, permit, or decision made in the administration of this Chapter may be filed by an aggrieved party within ten calendar days after the alleged decision - making error, or on the following work day if the tenth day falls on a weekend or holiday. Included within this Section are appeals of the Planning Director's refusal to accept or process an application until the applicant paid all outstanding fees and charges in accordance with Sections 8111 -3.1, 8111 -3.9 and 8220. Decisions made regarding enforcement reports, which are not a part of this Chapter, are not appealable. In hearing and deciding such an appeal of the Planning Director's refusal, the Planning Commission shall consider the correctness of the amount of the outstanding debt or charge and whether the debt or charge is owed by the appellant, if such issues are raised by 151 the appellant. Sec. 8111 -8.2 - Hearing Body - All appeals shall be filed with the Planning Division and be addressed to the decision - making authority hearing the appeal. The appropriate decision - making authorities, unless otherwise stipulated in this Article, are as follows: a. Appeals of Administrative Decisions (by the Planning Director or designee) shall be heard by the Planning Commission. b. Appeals of Planning Commission decisions shall be heard by the City Council. c. Appeals relating solely to requests under this Chapter for waivers or modifications of policies of the City Council need be heard only by the City Council. Sec. 8111 -8.3 - Appeal Period The appeal period for appeals to City decision - making authorities shall end ten calendar days after the decision being appealed is rendered pursuant to Section 8111 -5, or on the following workday if the tenth day falls on a weekend or holiday. Sec. 8111 -8.4 - Hearing and Notice - Upon receipt of a complete appeal application form, the Planning Division shall establish a date, time and place for the hearing. Notice shall be,given in the same manner as required for the original request, and shall also be given to the applicant and appellant, as the case may be. Sec. --- 8111 -8.4.1 -,.The Planning. .Director .._shall .,deliver all pertinent information relating to the matter on appeal to the authority hearing the appeal prior to the date of the hearing, unless otherwise directed by that authority. Sec. 8111 -8.4.2 - A matter on appeal may be referred back to the preceding _. decision- making authority for further report, information or study. Sec. 8111 -8.4.3 - Whenever a matter on appeal has been referred back to the preceding decision- making authority, said authority shall respond within 30 calendar days following the date of such referral, unless otherwise specified by the decision - making authority making the referral. Sec. 8111 -8.4.4 - Hearings consolidated. 152 on multiple appeals may be Sec. 8111 -8.5 - Appellate Decision - The decision - making authority shall either approve, deny, or approve with modifications, the appeal request. Sec. 8111 -9 - EFFECT OF CHANGE OF ZONING REGULATIONS - See Sec. 8113 -10. 153 Sec. 8112 Reserved ARTICLE 12 - Reserved 154 ARTICLE 13 NONCONFORMITIES AND SUBSTANDARD LOTS Sec. 8113 -0 - PURPOSE - The purpose of this Article is to provide for the continuation, alteration, conversion or _termination of certain classes of lawful, nonconforming uses and structures (other than signs and billboards) under certain conditions, and to regulate substandard lots. These provisions apply to uses and structures which deviate from the regulations of this Chapter. Sec. 8113 -1 - NONCONFORMING STRUCTURES - Where structures have been rendered nonconforming due only to revisions in development standards dealing with lot coverage, lot area per structure, height or setbacks, and the use therein is permitted or conditionally permitted in the zone, such structures are not required to be terminated under this Article and may be continued and expanded or extended on the same lot provided that the structural or other alterations for the expansion or extension of the structure are either required by law, or are in conformance with the regulations in effect for the zone in which such structures are located. Sec. 8113 -1.1 - NONCONFORMING FACILITIES FOR NONMOTORIZED WHEELED CONVEYANCES - Notwithstanding any other provision of this Article, any facility or structure for nonmotorized wheeled conveyances that has been rendered nonconforming by the enactment of Section 8107 -23 and the subsections thereof shall, on or before September 1, 1989, either be brought into conformance or be removed. Sec. 8113 -2 - CONTINUATION OF EXISTING NONCONFORMING MOBILEHOMES: Sec. 8113 -2.1 - The use of a nonconforming mobilehome as a residence under a Continuation Permit in lieu of any and all other residences permitted or conditionally permitted for any purpos.e.. may continue to _be . used as a residence. by a new owner if a Planning Director Conditional Use Permit is obtained and the following conditions are met: a. The mobilehome is in compliance with Section 8107 -1.3.3 and the parking requirements of Section 8108 -1; and b. The mobilehome was being used legally as a residence on the subject site on or before July 24, 1978, and the mobilehome has been so used and has remained continuously in place since the actual commencement of such use. Sec. 8113 -2.2 - Mobilehomes used as residences under a Planning Director Conditional Use Permit between July 24, 1978 and July 2, 1981, may continue to be used as such if no other residence was located on the subject site at any time between July 24, 1978 and the time of issuance of the Planning Director 155 Conditional Use Permit, provided that either 1) a modification to renew the Planning Director Conditional Use Permit is obtained or 2) the status of the mobilehome as a single family dwelling meets the provisions of Section 8107 -1.3.3 and parking requirements of Section 8108 -1. Sec. 8113 -3 - NONCONFORMING USES DUE ONLY TO CHANGES IN PARKING REOUIREMENTS - Where uses have been rendered nonconforming due only to revisions in parking requirements, such uses may be continued, expanded or be terminated as follows: Sec. 8113 -3.1 - Expansion and Conformance - Expansion of the particular use shall be permitted if the current parking requirements for the use can be met, and the addition or enlargements otherwise conform to the regulations in effect for the zone in which it is located. Sec. 8113 -3.1.1 - Exception - A single - family dwelling may be expanded when the proposed expansion does not meet current parking requirements, if all of the following conditions exist: a. The dwelling has at least one covered parking space; b. The existing lot configuration does not allow for a second covered space, or does not allow for access to a second covered space; C. The driveway provides a minimum of 20 feet from the property line to the existing covered space, which can be utilized as a parking space; The:.. proposed__ addition... otherwise.__, conforms to the provisions of this Chapter. Sec. 8113 -3.2 - Changes of Use - Changes of use to a similar use, with the same or less parking requirements and type of permit allowed in the same zone, shall be allowed provided that current requirements for parking can be met. Where parking cannot meet the current requirement for the new use, the required permit under this Chapter must be obtained. In such cases, the parking requirements shall be determined to the satisfaction of the Planning Division and be specified by the permit. The parking specified under the permit shall not be considered conforming. Sec. 8113 -3.3 - Discontinuance and Change of Use Status - The discontinuance for a period of 180 or more days of a nonconforming use, or a change of nonconforming use to a conforming use, constitutes abandonment and termination of the nonconforming status of the use. 156 Sec. 8113 -4 - THE KEEPING OF ANIMALS - Nonconformities due to the keeping of animals as a use, number of animals, type of animals, minimum lot area required for animals, or other standards for the keeping of animals as an accessory use to dwellings, shall be brought into conformance not later than three years after the same becomes nonconforming, unless a continuance is granted in accordance with Section 8113- 5.2.5. Sec. 8113 -5 - OTHER NONCONFORMING USES (NO LONGER PERMITTED} - All nonconforming uses which are no longer permitted in the zone in which they are located shall be regulated according to the following provisions: Sec. 8113 -5.1 - Uses Not Involving Permanent Structures - The nonconforming use of land where no permanent structure is involved shall be terminated not later than three years after such use becomes nonconforming. Sec. 8113 -5.2 - Uses Within Structures Subject to Amortization - All nonconforming commercial or industrial uses in Residential (R), Open Space or Agricultural zones, within conforming or nonconforming structures, shall be amortized from the effective date of this Chapter or a later amendment which renders the use nonconforming, based on the square footage of the structure at the time the use is rendered nonconforming, as follows: Ten years for 1,000 square feet, plus 1.25 years for each additional 100 square feet over 1,000 square feet; maximum 60 years. At the end of the amortization period, the use shall be brought into conformance with this Chapter or terminated, unless a ._,::continuance_. is- ,obtained. pursuant.. to.. Section 8113- 5.2.5. Sec. 8113 -5.2.1 - Expansion and Change of Use Prohibited - Nonconforming uses under Sec. 8113 -5.2 above shall not be changed to another use or be expanded or extended in any way on the same or any adjoining land nor into any other portion _ of_a structure or lot during the amortization period, except that structural alterations may be made therein as required by law. Furthermore, such nonconforming uses shall not be expanded or extended beyond the scope of specific conditions to a continuance of nonconformity granted pursuant to Sec. 8113 -5.2.5 of this Article, and subsequent to the period of amortization. Sec. 8113 -5.2.2 - Discontinuance or Change of Use Status - The discontinuance for a period of 180 or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 157 Sec. 8113 -5.2.3 - Notice of Amortization - The Planning Director shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Chapter, in those instances where the Planning Director has knowledge of such nonconformity. Such notice shall be sent in a timely manner. If the amortization period ends before or less than six months after such knowledge of the nonconformity, notice shall be given that the amortization period in each instance shall be not less than six months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article. Sec. 8113 -5.2.4 -Notice of Termination and Order to Comply - Notice of Termination of a nonconforming use and order to comply shall be served by the Planning Director at the end of the amortization period upon the owner of record whose property contains such nonconforming use. In those instances where the Planning Director is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within 30 days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconforming use. Sec. 8113 -5.2.5 - Request for a Continuance of Nonconformities Beyond Period of Amortization - A request for a continuance of nonconformities beyond the period of amortization_may . be._granted as -follows: a. Grounds for Continuance - A nonconforming use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this Article if the Planning Director makes the following determinations: (1) Special Circumstances - that special circumstances apply to any such use or structure which do not apply generally to others affected hereby; and (2) Compatibility with Public Welfare - that such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with and not detrimental to the use of adjacent properties. b. Application Process for Continuance - Any application for a continuance of a nonconforming use or structure must be filed with the Planning Division no later than 30 days following the service of a Notice of 158 Termination and Order to comply, or within 30 days following the continued termination date. An application for a continuance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with Section 8111 -3.9. C. Determination by Planning Director - Upon filing of a complete application, the Planning Director shall investigate the matter, give proper notice, hold an administrative hearing and make a decision thereon based on the criteria set out in this Section and supported by written findings of fact within 75 days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the Planning Director. The Planning Director may impose such conditions, including time limitations, as he or she deems necessary for the compatibility of such nonconformity with adjacent properties. d. Appeals shall be filed in accordance with Section 8111 -8.1. Sec. 8113 -5.3 - Uses Not Amortized - Upon the effective date of this Chapter or a later amendment thereto, any nonconforming use within a structure not otherwise identified in Section 8113 -5.2, such as schools, boardinghouses, residential uses in commercial and industrial zones, uses in excess of the number permitted per lot, commercial uses in commercial zones, and industrial _uses._,in.industr,ial zones, may continue,_ provided that: Sec. 8113 -5.3.1 - Expansion - No additions or enlargements shall be made to such nonconforming use or the structure in which it is located, except for alterations which may be required bylaw, expansions within the existing structure if no structural alterations are made, or additions to existing principal dwellings and churches in residential zones, which otherwise conform to the specific development standards of the zone in which the use is located. In the case of principal dwellings in excess of the number permitted per lot, only one such dwelling may be expanded. The height and setback standards of the R -1 zone shall apply to a nonconforming residential use in a commercial or industrial zone. Sec. 8113 -5.3.2 - Change of Use - The nonconforming use may be changed to a use that is similar, provided that it has a parking requirement which is the same as or less than the nonconforming use, except that the nonconforming use may not be changed to a use that requires a Conditional Use Permit under this Chapter. 159 Sec. 8113 -5.3.3 - Discontinuance and Change of Use Status - The discontinuance for a period of 180 or more days of the nonconforming use, or a change of the nonconforming use to a conforming use, a dissimilar use or a Conditionally Permitted Use, constitutes abandonment and termination of the nonconforming status of the use. Sec. 8113 -6 - DESTRUCTION - The following provisions shall regulate the destruction of structures in the given situations: Sec. 8113 -6.1 - Uses Not .Amortized - The following provisions shall apply to nonamortized, nonconforming structures and structures containing nonconforming uses not subject to amortization: Sec. 8113 -6.1.1 - Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of 50 percent or less of its floor or roof area which existed before destruction, or is involuntarily damaged or destroyed in whole or in part, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which existed at the time of the damage or destruction may be continued if the restoration is started within a period of 12 months after the occurrence of the damage or destruction and is diligently pursued to completion. Sec. 8113 -6.1.2 - Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of more than 50 percent of its floor or roof area which existed before destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the,.,.. use _. are made to conform to...the_ regulations of the zone classification in which they are located. Sec. 8113 -6.2 - Uses Amortized - The following provisions shall apply to amortized nonconforming structures and structures containing nonconforming uses subject to amortization: Sec. 8113 -6.2.1 - Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of 50 percent or less of its floor or roof area before destruction, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which existed at the time of the partial destruction may be continued if the restoration is started within a period of 12 months after the occurrence of the partial destruction and is diligently pursued to completion. Sec. 8113 -6.2.2 - Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of more than 50 percent of its floor or roof area before such removal, damage or destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the 160 regulations of the zone classification in which they are located. Sec. 8113 -7 - ADDITIONAL USE - While a nonconforming use of any kind except the keeping of animals exists on any lot, no additional principal or accessory use is permitted even if such additional use would be a conforming use. Sec. 8113 -8 - USE OF NONCONFORMING LOTS - The use of land as permitted for the zone or subzone in which it is located shall be permitted on a lot of less area than that required by the regulations of such zone or subzone if and only if the lot is a legal lot. Sec. 8113 -9 - INVOLUNTARY NONCONFORMANCE - Notwithstanding any other provision of this Chapter, no lot shall be considered nonconforming within the purview of this Article if such lot is rendered nonconforming as a result of a conveyance of any interest in said lot to a public entity through eminent domain proceedings, under threat of eminent domain proceedings or to meet a requirement of any public entity having jurisdiction. Sec. 8113 -10 - EFFECT OF CHANGE OF ZONING REGULATIONS Sec. 8113 -10.1 - On Authorized Uses Under Discretionary Permits - Any construction, expansion or alteration of a use of land or structures and any required Zoning Clearance therefor, which are authorized by a discretionary entitlement approved on or before the effective date of an ordinance amendment, may be completed as authorized in the entitlement and in accordance with Section 8111 -5.7 of this Chapter. Sec.._8113- 101.,2 -_On Uses Requiring a Ministerial. Decision - All uses involving construction, expansion or alteration of a use of land or structures which requires a ministerial decision only, shall be required to comply with the new regulations on the effective date of the ordinance amendment. If the required Zoning Clearance has been issued and the change of regulation is ,_such. that the._ Zoning Clearance no. longer conforms to the provisions of this Chapter, a new Zoning Clearance which conforms to the newly adopted regulations must be obtained before a building permit or other necessary entitlement is issued by any agency. Sec. 8113 -10.3 -Where the Only Change is in the Type of Permit Required - Whenever adoption of this Chapter or an amendment thereto results only in a requirement for a different permit for the same existing use, the property being used shall be governed by the following provisions: a. If the use affected is existing lawfully as a permitted use of any kind, the existing use is hereby deemed to be conforming without any further action. Any modifications or expansions of the use, change of use, or additional use shall conform to this Chapter, including requirements 161 for type of permit. Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style shall not result in a requirement for a new permit. b. If the use affected is under a permit that specifies an expiration date or clause and the new regulation requires a different permit, the use may continue until the specified point of expiration, at which time the permit expires and the use shall terminate, unless the applicant has applied for the required permit or renewal under this Chapter. 162 ARTICLE 14 ENFORCEMENT AND PENALTIES Sec. 8114 -0 - PURPOSE - This Article establishes procedures for enforcement of the provisions of this Chapter. The enforcement procedures set forth are intended to assure due process of law in the abatement or correction of nuisances and violations of this Chapter. Sec. 8114 -1 - PENDING VIOLATIONS No prosecution or action resulting from a violation of zoning regulations heretofore in effect shall be abated or abandoned by reason of the enactment of any ordinance amendment, but shall be prosecuted to finality under the former provisions the same as if the amendment had not been adopted and, to this end, the former provisions shall remain in effect and be applicable until said prosecution or action has been terminated. Any violation of provisions, which occurred prior to the effective date of the amendment, for which prosecution or legal action has not been instituted prior to the effective day of the amendment, may be hereafter subject to prosecution or action as if the amendment had not been adopted and, to this end, the former provisions shall remain in effect and be applicable until said prosecution or action has been terminated. Sec. 8114 -2 - PENALTIES - Any person who violates any provision or fails to comply with any of the requirements of this Chapter or of any term or condition of, or applicable to any permit, variance or amendment thereto is guilty of a misdemeanor /infraction as specified in the City Ordinance Code and, upon conviction thereof shall be punishable in accordance with the City Ordinance Code. Each s.uch..person shall be guilty,.of a separate,, offense_.for. each_ and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person, and shall be punishable therefore as provided in Section 13. Sec._8114 -2.1 - ,Public,.Nuisance.- Except as otherwise provided in Section 8114 - 2.1.1, in addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and may be summarily abated as such, and each day that such condition continues shall be regarded as a new and separate public nuisance. Sec. 8114 -2.1.1 - Exception - Agricultural Operations Protection -No agricultural activities, operations, or facilities in the 0 -S and A -E Zones which are consistent with this Chapter and the General Plan and with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any 163 changed condition in or about the locality, after the agricultural uses have been in operation for more than one year if they were not a nuisance at the time they began. a. Exception - This section shall not apply if the agricultural uses, activities, operations, or facilities, obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway. b. Definition - For purposes of this section, the term "agricultural activity, operation, or facility" shall include, but not be limited to, the cultivation and tillage of the soils, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fish, or poultry, silviculture and any practices performed .by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. Sec. 8114 -3 - ENFORCEMENT - The Planning Director or designee is hereby designated as the enforcing agent of this Chapter. Pursuant to the authority vested in the City Council of the City of Moorpark by California Penal Code Section 836.5, the Planning Director or designee shall have the power of arrest without warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor ,.:._ misdemeanor/ infraction, or_infraction,_consisting of a violation of the provisions of this Code or any other ordinance or statute which the Planning Director has a duty to enforce. Sec. 8114-3.1 - Procedure - In any case in which a person is arrested pursuant to this Section and the person arrested does not .demand to be taken before a magistrate, the arresting officer shall prepare a written notice to appear and release the person on his promise to appear as prescribed by Chapter 5C (commencing with Section 853.6) of the California Penal Code. The provisions of that Chapter shall thereafter apply with reference to any proceedings based upon the issuance of a written notice to appear pursuant to this Section. Sec. 8114 -3.2 - Rights of Entry Upon Land - In the performance of their functions, designated personnel may, with either the consent of the occupant or other authorized person, or with a valid inspection warrant, enter upon property and make examinations and surveys in a manner consistent with the consent or the inspection warrant. In cases where no inspection warrant is obtained, designated personnel in the performance of their functions may enter upon 164 property open to the general public and may enter upon property by way of a route normally accessible to visitors or tradespeople, or other persons having legitimate business with the occupants, in order to seek consent to inspect the property. Sec. 8114 -3.3 - Enforcement of Performance Standards - Following the initiation of an investigation, the Planning Director may require the owner or operator of any use which may be in violation of performance standards to submit, in a reasonable amount of time, such data and evidence as is needed by the Planning Director to make an objective determination. Failure to submit data required shall constitute grounds for revoking any previously issued approvals or permits and ceasing of operations until the violation is remedied. Sec. 8114 -3.4 - Monitoring and Enforcement Costs - The City may impose fees on permittees to cover the full costs incurred by the City or its contractors for the monitoring of permits issued pursuant to this Chapter and for the enforcement of the requirements of this Chapter and those of any permit issued pursuant to this Chapter. Enforcement activities shall be in response to confirmed violations and may include such measures as inspections, public reports, penalty hearings, forfeiture of securities and suspension of permits. The applicant /permittee shall be billed for said fees pursuant to Sections 8111 -3.9.3 and 8111- 3.9.4. Sec. 8114 -3.5 - Notice of Noncompliance - Whenever the Planning Director determines, pursuant to the provisions of Sections 8114 -3.3 and 8114 -4 of this Chapter, that violations of the City Ordinance Code exist or that permit conditions are not being complied with, the-Planning Director may._notify the permittee and /or owner of the property on which such violations are alleged to exist of the Director's intent to record a Notice of Noncompliance. If the violations are not corrected within 30 days after such notification, the Director may record a Notice of Noncompliance with the Office of the County Recorder. The permittee and /or._. property_ owner shall be notified of the recordation of the Notice of Noncompliance. The Notice shall describe the property, specify the Ordinance section or permit conditions violated, and state the date of the most recent notification to the permittee and /or property owner of said violation(s). The Planning Director shall record a Release of Notice of Noncompliance with the County Recorder when it is determined that the violations have been corrected or abated. A fee as set forth in City Council Fee Resolution will be charged the permittee and /or property owner for recordation of a Release of Notice of Noncompliance. 165 Sec. 8114 -4 - ADMINISTRATIVE PROCESS - Before any action is instituted pursuant to this Article, an alleged violator may be given an opportunity to resolve the complaint through an administrative process. An informal office hearing may be held to attempt to negotiate a solution to the violation. .. ARTICLE 15 AMENDMENTS TO THIS CHAPTER Sec. 8115 -0 - PURPOSE - The purpose of this Article is to establish procedures for amending this Chapter. These procedures shall apply to all proposals to change any property from one zone to another or to amend the text of this Chapter. This Chapter may be amended by the City Council whenever the public health, safety, or general welfare and good zoning practice justify such action and, for amendments to this chapter in conjunction with a hazardous waste facility, whenever such amendments are consistent with the portions of the County Hazardous Waste Management Plan (CHWMP) which identifies specific sites or siting criteria for hazardous waste facilities. Sec. 8115 -1 - AMENDMENTS - Changes to the boundaries of any zone, changes to the zoning or land use classifications of any property, and amendments to the text of this Chapter shall be considered to be amendments to this Chapter. Sec. 8115 -1.1 - Initiation of Amendments - Proposals to amend this Chapter may be initiated by any of the following methods: a. By the adoption of a Resolution of Intention by the City Council requesting the Planning Commission to set the matter for study, hearing and recommendation within a reasonable time; b. By the adoption of a Resolution of Intention by the Planning Commission setting the matter for study, hearing sand- recommendation; c. By a request from the Planning Director to the Planning Commission, followed by the adoption of a Resolution of Intention by the Planning Commission setting the matter for study, hearing and recommendation; d. By filing with the Planning Division a complete application for (1) a zone change by the owner of the property, by a person with a power of attorney from the owner or by the attorney at law of the owner; or (2) a proposal for an ordinance text amendment by an interested person, in which case such person shall be directed to make the request directly to the City Council; or e. By Planning Director action, for proposed amendments to the text of this Chapter. Sec. 8115 -1.2 - Study of Additional Area - The Planning Director, upon review of an application or Resolution of Intention for an amendment, may elect to include a larger area or additional land in the study of the amendment request. 167 Sec. 8115 -2 - HEARING AND NOTICE REQUIREMENTS - The decision- making authority(s) shall each hold at least one public hearing on any amendment request. The notice and hearing requirements shall be the same as those prescribed in Section 8111 -4. For rezonings involving T -P zoned property, see Section 8109 -4.3. Sec. 8115 -3 - DECISIONS Sec. 8115 -3.1 - Planning Commission Approval - The Planning Commission shall forward to the City Council by resolution those requests for which the Planning Commission recommends approval of the adoption of an ordinance amendment. Such recommendation must include the reasons for the recommendation and the relationship of the proposed ordinance or amendment to applicable general and specific plans. Said resolution shall be forwarded to the City Council within 40 days following the close of the Planning Commission hearing thereon, unless the 40 days is waived by the City Council. Sec. 8115 -3.2 - Planning Commission Denial - Amendment requests initiated by private parties, the Planning Director, or the Planning Commission which the Planning Commission has recommended for denial shall not be forwarded to the City Council, and the action of the Planning Commission shall be final unless an appeal is filed in accordance with Article 11. Amendment requests initiated by the Board of Supervisors for which the Planning Commission has recommended denial shall be forwarded to the City Council within 40 days following the close of the Planning Commission hearing. Sec. 8115 -3.3 - Planning Commission Failure to Act - If the Planning Commission fails to act upon a request initiated by the. _ City..,Council..- within ,a_reasonable.._.time,:. the.-Council-may by written notice require that the report be rendered up within 40 days of such notice. Upon receipt of the written notice the Planning Commission, if it has not done so, shall conduct the public hearing as required. Failure to so report to the City Council within the 40 days shall be deemed to be approval by the Planning Commission. Sec. 8115 -3.4 - Action by the City Council - Following a public hearing, the City Council may approve, modify or disapprove any Planning Commission recommendation regarding an amendment request; provided that any modification of the proposed ordinance or amendment by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Commission for a report and recommendation, and the public hearing shall be continued to allow sufficient time for the Planning Commission to report back. The Planning Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within 40 days after such referral or within a period of time designated by the City Council shall be deemed to be approval by the Commission of the proposed modification. A modification shall be deemed "previously considered" if the modification of N. NO the proposed ordinance or amendment by the Board of Supervisors is based upon the issues and evidence initially heard by the Planning Commission. Sec. 8115 -3.5 - Denial With Prejudice - A zone change may be denied with prejudice, in which event no further application shall be filed affecting all or part of the property for the ensuing 18 months except as otherwise specified at the time of denial. A zone change may be denied with prejudice on the grounds that two or more similar applications for zone change have been denied in the past two years, or that other good cause exists for limiting the filing of applications with respect to the property. The Planning Commission, upon being presented with good cause, may permit an applicant to apply for a zone change on the same property within 18 months. Upon denial by the Planning Commission the applicant may appeal to the City Council. Sec. 8115 -3.6 - Decision of the City Council - The Council shall announce its decision by resolution within 30 days after the conclusion of the hearing. The resolution need not contain a recital of findings upon which the decision is predicated if its decision is based upon the report of findings, summaries of hearing and recommendations of the Planning Commission, and those findings are incorporated by reference in its decision. The Board may impose reasonable conditions on any amendment request for the protection of public health, safety, and general welfare. Sec. 8115 -3.7 - Notice of Decisions - Decisions of the Planning Commission or Board of Supervisors, as the case may be, shall be noticed in accordance with Section 8111 -5.3. 169 ARTICLE 16 AND 17 - Reserved 170 ARTICLE 18 ZONING MAPS Sec. 8118 et seq. consists of City Zoning Maps, on file in the Office of the City Clerk of the City of Moorpark. 171