HomeMy WebLinkAboutORD 189 1994 0302ORDINANCE 189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, REPEALING ORDINANCE NOS. 137, 145, 147, 150,
162 AND 163 AND ADOPTING A NEW ZONING ORDINANCE
Whereas, on February 20, 1991, the Council adopted the
then current County Ordinance with several amendments, now known as
City of Moorpark Ordinance 137; and
Whereas, in using the Ordinance, staff and the City
Council noted that there has been a need to make several amendments
in order to clarify certain sections of the Ordinance and to better
fit the needs of the City; and
Whereas, on February 14, 1994, the Planning Commission
recommended that the City Council repeal Ordinance Nos. 137, 145,
147, 150, 162, and 163, and adopt a new Zoning Ordinance; and
Whereas, on February 16, 1994, the City Council held a
public hearing on the Zoning Ordinance and closed the public
hearing on February 16, 1994; and
Whereas, the City Council determined that the new Zoning
Ordinance is categorically exempt pursuant to State CEQA Guidelines
Section 15061 (b) (3) in that the proposed Zoning Ordinance does
not have the potential for causing a significant effect on the
environment; and
Whereas, the new Zoning Ordinance is being adopted by the
City Council for the benefit of the health and welfare of the
citizens of Moorpark.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That the new Zoning Ordinance is categorically
exempt pursuant to State CEQA Guidelines Section 15061 (b) (3).
SECTION 2. That the Current Zoning Ordnance Nos. 137, 145,
147, 150, 162, and 163 are hereby rescinded and Zoning Regulations
as enumerated in Section 3 are hereby adopted.
SECTION 3. INSERT REVISED ZONING ORDINANCE
SECTION 4. That if any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phiise, part or portion thereof,
PP02:04:44 /12:43pmA: \I6:AtJSS :i
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective thirty (30)
days after the passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark News,
a weekly newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which is
hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED thi.sz'nd day of MARCH, 1994.
i
t
Pau W. wrason, Jr.
Mayer
ATTEST:
Lillian E. Hare o° i
City Clerk
PP02:04:94112:43pmA:\16JAN94.CC 3
Section 3.
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."
Sec. 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 reads 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, advertised on, structurally
altered or maintained, and no structure or land shall be used
F.o. 2 - 2/96
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 cr permit to b2 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 tris 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 -I- reformation 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, cr in any permit, condition of
P.Q. 5 2/94
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 standards being expressed
in fractions of whole 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. tc 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 Director of Community Development 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.
Page 4 2/94
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.
Abandoned Vehicle - shall be a vehicle (as defined in the
Vehicle Code) which is located on public or private property
without the expressed or implied consent of the property owner
or person in lawful possession or control of the property which
has been deserted for a period of 72 or more consecutive hours
or within 24 hours if any portion of the street and /or highway
is necessary for cleaning, repair, or construction of the
highway, or for.the installation of underground utilities, and
signs giving notice that the vehicle may be removed are erected
or placed at least 24 hours prior to the removal of the vehicle.
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 an -1 c ontiquous 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 bull -ling or to the principal use of
the lot.
Accessory Use - A use customarily incidental, appropriate and
subordinate to the principal uF;-� 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, glider•3, hang - gliders and ultra -light
aircraft.
Pep• 5 2/94
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 - Any facilities primarily
designed for recreation such as, but not limited to auditoriums,
billiard and pool establishments, bowling alleys, community
centers, dance halls, golf driving ranges, indoor motion picture
theaters, miniature golf, parks, and playgrounds.
Animal Husbandry - A branch of agriculture for the raising or
nurturing and management of animals, including breeding,
pasturing, ranching and sales of animals.
Animals, Farm - shall mean and include horses, mules, burros,
jacks, jennies, cows, bulls, calves, heifers, sheep, lambs,
llamas, alpacas, goats, swine, hogs, pigs. and miniature
specimens of these animals (with the exception of any miniature
horse which shall not exceed a height of 38 inches in accordance
with the American Miniature Horse Associations regulations for
Class B horses), and pot bellied pigs (not to exceed a weight of
110 pounds, which are treated as a household pets) , or other
such animals as determined by the Director of Community
Development.
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
Page 6 2/94
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.
Pep• - 7 2/94
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.
Cabana - a lightweight shelter containing an open side.
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.
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.
Carpool - means a vehicle occupancy of two or mor1w persons ages
16 years or older commuting to or from work and /or school.
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.
Church - A building in which a body or organization of religious
believers may assemble for worship.
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 nr group organized to render,
Pepe 8 2/94
purchase or otherwise make use of a service customarily carried
on as a commercial enterprise.
Commercial Vehicle - A commercial vehicle is a vehicle of a type
required to be registered under the provisions of the California
Vehicle Code and used or maintained for the transportation of
persons for hire, compensation, or profit or designed, used, or
maintained primarily for transportation of property.
Commission - 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 Development Director - The Manager of the Department
of Community Development of the of City of Moorpark in VENTURA
County.
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.
Commuter - means any person who regularly travels by vehicle to
or from work or school.
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.
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
Pepe '� 2/94
school age, parent cooperative nursery schools, play groups for
preschool children or programs covering before and /or after -
school care for school children (Also see definition for "family
day care home ").
Decision, Administrative - Any decision made by the Director of
Community Development, or his or her designee.
Decision, Discreticnary - 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 ha%f? 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 girds, parrots and similar birds
of the psittacine family, pigeons, doves, ravens and toucans.
Drilling, Temporary Geologic - Bona fide temporary search and
sampling activities which, it *he case of oil- related testing,
U89. - 2/94
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 zuch as wind,
water, sunlight or geothermal hf,at, or from biomass, for off -
site use.
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.
Page -*1 2/94
Family Day Care Home - means a home which generally provides
care, protection, and supervision of 12 or fewer children, in
the providers own home, for periods of less than 12 hours per
day, while the parents or guardians are away, and includes the
following:
(a) "Large family day care home" which means a home which
provides day care to 7 to 12 children, inclusive, including
children under the age of 10 years who reside at home.
(b) "Small family day care home" which means a home which
provides family day care to six or fewer children, including
children under the age of 10 years who reside at the home.
Farm Worker - A person princ.ipa':Ly 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 enclosut:!s for the containment of wild
animals.
See - Through Fence - A chain fink fence or any other type of
fence that permits at leas* 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 othbr than that on which thwr operation is
located, irrespective of where :;uch 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.
Government Building - A building, structure or other facility
operated by a legally constituted Federal, State or local
government authority, excluding a waste treatment facility.
P.p. -'2 2/94
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 quantity, concentration, or physical, chemical or
infectious characteristics may coo 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
Peq• 17 2/94
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 - "Home occupations" means any use customarily
conducted entirely within a dwelling and carried on by the
inhabitants thereof, which use is clearly incidental and
secondary to the use of the structure for dwelling purposes and
which does not change the character thereof or does not
adversely affect the uses permitted in the zone of which it is
a part (Also see Municipal Code;. T
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 o'r 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 overnight lodging with
or without meals is provided for compensation.
Pepe 1.. 2/94
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 under their
own power are not considered to be inoperative vehicles.
Institutional /Public Uses - Includes public facility uses such
including government buildings, libraries, fire stations, non-
profit organization buildings, and community service centers,
but excludes jail facilities.
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 -r
seven or more persons, nursing homes for seven or more persons,
rest homes and convalescent home..
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.
Pago 15 2/94
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
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 iot, 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 vnvolving 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.
Pew It 2/94
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 include; the plumbing, heating, air
conditioning and electrical systems contained therein.
Motel - One or more buildings containing guest rooms with one or
more such rooms or units having a separate entrance providing
entry directly from the outside of the building or from an inner
court. Such facilities are designed, used or intended to be
used, rented or hired out for temporary or overnight
accommodations for guests, anc: are offered primarily to
automobile tourists or transients by signs or other advertising
media. "Motel" includes auto court=, 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; all vehicles used to transport
this equipment and other related commercial vehicles; and
accessory fabrication activiti,��
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 i+- is located.
Pepe '7 2/94
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.
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; asph, -)It and other saturated felts
Pails 1 R 2/94
(including shingles); fuels; lubricating oils and greases;
paving blocks made of asphalt, creosoted wood and other
compositions of asphalt and ta.- with other materials; and
roofing cements and coatings.
Pony - A mature small horse or < 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.
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" with six or fewer beds, and
congregate living health facilities, pursuant to the Health and
Page -4 2/94
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
organization; (b) provides opportunities for
people to congregate temporarily on a site for
education, enlightenment, contemplation, rene
and (c) by its nature, needs to to located in a
populated, natural environment..
by a nonprofit
small groups of
such purposes as
wal or solitude;
quiet, sparsely-
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 -
stairways, tanks,
required to operat
walls, skylights,
solar collectors,
structures.
Structures for the housing of elevators,
ventilating fans and similar equipment
e and•'maintain the building; fare or parapet
towers, flagpoles, chimneys, smokestacks,
wireless masts, T.V. antennas and similar
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 - An attached or a detached residential dwelling
unit which provides complete, independent, living facilities for
one or more persons. It shall include permanent provisions for
Pogo 20 2/94
living, sleeping, eating, cooking, and sanitation on the same
parcel as the existing single - family dwelling is situated.
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 May - "Shall" is mandatory; "May" is permissive.
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.
ri
FS1
r
d
� 0' Min.
Page , - - 2/94
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.
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 for the sale or exchange of
merchandise at retail by a number of sellers. This does not
include "garage sales" as referenced in Title 5 Chapter 5.88 of
the Municipal Code, which is a sale from a residence or
residential property of personal property which has been owned
or used previously by an individual or resident residing on the
premises where the sale 'is c:ond,.icted. -
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.
Telecommuting - means using your home, or a specifically
designated facility, as a place of work
Temporary Special Use Permit - A use which by its nature will
not normally exist for more than 90 days at the proposed
location. Said use may normally be allowed to exist only under
a Development or Conditional Use Permit; however, due to the
temporary nature of the proposed use it is considered an allowed
use if granted a Zone Clearance for the time specified. Examples
Pep• 2. 2/94
of this can be uses such as churches in school facilities,
outdoor eating at restaurants, use of public buildings for
nongovernmental purposes, etc.
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 conjuncticn 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.
Telecommuting - means using your home, or a specifically
designated facility, as a place of" work
Transportation Information Board - is a bulletin board, display
case, or kiosk displaying transportation information. The board
must be located where it is likely to be seen by the greatest
number of employees.
Transportation Demand Management (TDM) Facilities Ordinance -
means alternative travel behavior, usually on tie part of the
commuters, through programs of incentives, services, and
policies. The TDM Facilities Ordinance addresses alternatives
to single occupancy motor vehicles such as carpooling and
vanpooling, Telecommuting, and changes 'in work schedules that
move trips out of the peak travel period or altogether
eliminates them (as in the case of compressed work weeks).
Transportation Information Board - is a bulletin board, display
case, or kiosk displaying transportation information. The board
must be located where it is Iikely to be seen by the greatest
number of employees.
PRQ* 23 2/94
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.
Vanpooling - means a group of at least seven commuters traveling
to work in a vehicle designed to carry more than six but less
than 16 persons, including the driver, which is maintained and
used primarily for work - related transportation of commuters for
the purpose of ridesharing."
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, oil field wastes, hazardous waste,
or other waste material originating on or off the premises.
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 thWt 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.
Pep• . 24 2/94
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 -O) Zone
Single - Family Residential (R -1) Zone
Two - Family Residential (R -2) Zone
Residential Planned Development (R -P -D) Zone
Commercial Office (C -O) Zone
Neighborhood Commercial (C -1) Zone
General Commercial (C -2) 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 O -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 -10Ar Av). When added to a given subzone
Peg@ 2 2/94
designation, the Av suffix converts the lot size subzone suffix
to an average size. When land is subdivided which has the Av
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 -10Ac 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 - The general
density in the R -P -D Zone shall be in accordance with a subzone
suffix which shall indicate the maximum number of dwelling units
per acre, followed by the letter "U." The subzones for the R -P -D
Zone may be any number between R- P -D -lU and R- P- D -20U, although
R- P -D -15U shall be the maximum residential density unless a
density bonus is approved consistent with Article 16 and with
Section 5.1 of the General Plan Land Use Element. The City
Council may grant a density bonus above the maximum residential
density otherwise allowable by the applicable R -P -D zone
designation and General Plan Land Use Element designation, not
to exceed the density limit specified in the General Plan Land
Use Element, to projects which provide housing for senior
residents or families of very low or lower income as provided
for in Article 16."
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 acid alley lines
or lot lines, such lines ;;hall 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 kise 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
Pepe 2t 2/94
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 Director of Community Development is hereby
authorized to resolve the uncertainty.
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.
P.p.. 27 2/94
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 (O -S) Zone - The purpose of this zone
is to provide for the conservation of renewable and nonrenewable
natural resources of open land area. This allows future land use
options that are reasonable and compatible uses on open lands in
the City.
Sec. 8104 -1.2 -,Agricultural 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 - Single- Family Residential (R -1) Zone - The
purpose of this zone is to provide for and maintain areas which
are appropriate for single - family dwellings on individual lots.
Pago 28 2/94
Sec. 8104 -3.2 - Two - Family Residential (R -2) Zone - The purpose
of this zone is to provide for and maintain residential areas
allowing two single - family dwelling units or a two - family
dwelling unit on lots which neet 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 bF• possible under other zone
classifications.
Sec. 8104 -4 - COMMERCIAL ZONES
Sec. 8104 -4.1 - Commercial Office (C -O) Zone - The purpose of
this zone is to provide suitable locations for offices and
services of a professional, clerical or administrative nature.
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 Commercial (C -2) Zone - The purpose of
this zone is to provide areas for shopping and personal services
that is not limited to meet the daily needs of the immediate
neighborhood.
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
Pepe ?, 2/94
provide areas for a wide range of commercial retail and business
uses, including stores, shops and offices supplying commodities
or performing services for the surrounding community.
Sec. 8104 -5 - INDUSTRIAL ZONES
Sec. 8104 -5.1 - Industrial Park (M -1) Zone - The purpose of this
zone is to provide suitable areas for the exclusive development
of light industrial, service, technical research and related
business office uses in an industrial park context, in
conjunction with stringent standards of building design, noise,
landscaping and performance.
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 ZONE:
Sec. 8104 -6.1 - Planned Community--(P-CL- 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 recr-eational and commercial; and
c. To provide for flexibility in the design and development
of such communities.
Sec. 8104 -6.2 - Specific Plan (5 -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.
Page 3( 2/94
Sec. 8104 -8 - Institutional Zone - A zone to be used by private or
public entities for the public benefit and shall contain uses such
as a school, church, library, museum, or like uses.
Peke 31 2/94
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. 88 -523
Not permitted
♦ Permitted by Zone Clearance
• Planning Commission - approved Planned Development Permit
O City Council- approved Planned Development Permit
O Planning Commission - approved Conditional Use Permit
WE City Council- approved Conditional Use Permit
(ADD.ORD.3759- 1/14/86)
(ADD.ORD.3749- 10/29/85)
NOTE: Approvals subject to change by City Ordinance
All uses located in the M -1 and M -2 zone which are adjacent to
residential zoned property shall require a City Council approved
Conditional Use Permit prior to occupancy of the building.
Exception: All development permits or zone clearances approved
prior to this ordinance shall continue as legally conforming
including those approved and not yet built or occupied. However,
after a five (5) year period from adoption of this ordinance,
this exemption shall no longer be valid and all existing
development and occupancies shall beconie legal- nonconforming.
Thereafter, all changes of uses shall conform to Section 8113 -
3.3 which states that, "The discontinuance for a period of 180
or more days of the nonconforming use, or a change of
nonconforming use to a conforming use, constitutes abandonment
and termination status of the rise, and therefore, new uses shall
be required to conform t, the conditional Use Permit
requirement."
P.o. 32 2/94
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.
a. Retail Sales in industrial zones. Retail sales may be allowed
in industrial zones under the following provisions:
1. That the areas used for retail may not exceed 200 of
the entire floor area of the building.
2. That in the case of an industrial complex under a
single cumulative floor area of all buildings, may be
used by any one building for retail use.
3. Temporary retail sales may be allowed under the
provisions of the temporary use permit and must exhibit
verification of State Board of Equalization sellers
permit. The temporary permit shall be granted upon the
stipulation that the sales activity occur no more than
once per month and not on more than three consecutive
days.
4. Items 1 & 2 above shall be allowed only as a
modification to the original development permit. In the
case of a non - existent. development permit, one shall be
required.
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
sq.ft.
- square feet
W. &I.C.
- Welfare and Institutions Code
Pepe 53 2/94
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 riot 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 -3r.
Sec. 8105 -2 - USES NOT LISTED - Where a proposed land use is not
identified in this Article, the Director of Community Development
shall review the proposed use when requested to do so by letter
and, based upon the characteristics of the use, determine which of
the uses listed in this Article, if any, is equiva] ?nt to that
proposed.
Sec. 8105 -2.1 - Upon a written determination by the Director of
Community Development that a proposed unlisted use is equivalent
in its nature and intensity to a listed use, the proposed use
shall be treated in the same manner as the listed use in
determining where it is allowed, what permits are required and
what standards affect its establishment.
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- 3.2.1a 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;
Pepe 34 2/94
c. Permitted crop production, including packing, storage or
preliminary processing of crops, where no structures are
involved;
d. Permitted underground fuel storage;
e. Permitted open storage (see 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 and retaining walls 3
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 industriak 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;
P.Q. - 35 2/94
(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;
q. Grading, except for that which is proposed within an
overlay zone and requires a discretionary permit pursuant
to Article 9;
r. The following types of retail sales from wheeled vehicles,
subject to the requirements of all other City departments:
(1) Trucks from which food is sold to employees of
commercial and industrial businesses along a
predetermined route, provided that such trucks are
not in any location for more than one -half hour per
day.; and
(2) Vehicles parked on the site of a permitted swap
meet, care ;val, outdoor festival or similar event,
and selling food during such event.
Pago 36 2/94
NOTE: AN APPROVED RESIG_ DIAL PLANNED DEVELOPMENT PERM S REQUIRED FOR
FIVE OR MORE LOTS IN THE RA, RO, R -1 AND RE ZONES
Sec. 8105 -4 - PERMITTED USES IN OPEN SPACE, AGRICULTURAL, & SPECIAL PURPOSE
ZONES
Agriculture and agricultual operations (no retail except as indicated)
Animal husbandry: Without strudres (1) - - - - With s1ructues btal GFA per lot: - - - - --
Upb1,000sgft. - - -- Over 1.000 to 5.000 sq.ft. Over 5,000 to 20.000 sq.ft. - - - Over 20.000 ti 100.000 sgft
Over 100.000 sgft. - - --
Apiculttre• - - - —
Fish farms - - - - More animals than are permitted by Sec. 8107-2.2
Contractors• service and sbra a yards and buildings
Crop production (1)
Wholesale Nursery -- - - -- - - ___. -.
Firewood operations - - - -
Greenhouse, hothouses and the like: total GFA per lot
Up to 1.000 sq.ft. - - - --
1,000 sglt to 20,000 sq.ft - - - —
20.000 b 100.000 sgft. -- -- - - Over 100.000 sq.ft. -- - - - Packing or prelim, processing, within Sir uctues total GFA per lot (21
Up to 5.000sg1t. -- - - - --
5,001 to 20,000 sqft. - - -
20.001 b 100.000 sgft. - - - Over 100.000 sq.ft. - - --
Timber growing and harvesting, and compatible uses
Dwellings, farm worker (more ttanone per lot) -_ - - -- - - - - -
Wineries _..-
Up to 2.000 salt. structure
2.001 to 20.000 sq.ft. sir uctte
Over 20.000 sqn. structure - - -- -- — - With public tours or tasting rooms
Accessory s1ructues -- - - - -
Toanimalhusbandry: -- - - -
Dwelling, caretaker
More than one per lot - -- - - - -
Offices - - - - - To crop production, including storage
Dwelling, farm worker: On lots of 40 acres or more
On lots less than 40 acres
More than one per lot
Off'Icea - - - —
Produce stands. retail* - - - - - - - —
Accessory uses inclucling open storage
Fuel storage (1)
Insectacidesfor pestcontrol
Packing, sbrage or prelim. processing of crops Withou sructuro f t
Airfields and landing pads and Slrrps, private
Animals, n0nagricuthral (see also Dwellings. accessory uses & struduws
'There are specific regulations for this use. see Arbc.lu 7
(1) See also Sec. 8105 -3
(2) See Article 8 for perking standard
09- Feb -94
Permitted Use
• PLinning Commission - Planned Development Permit
Q Co yCouncil - PLinnedDevelopmentPermit
J PLtnnmg Commission - Conditional Use Permit
❑• City Council -- Conditional Use Permit
OS AE RA RE RO R1 R2 RPD TP I
Page - 37-
v0a0000v0E
000000_0
0000����0�
•
•
Page - 37-
NOTE: AN APPROVED RESIDENTIAL PLANNEE = L ' 'ME' T HERMIT IS REQUIRED FOR FIVE OR
MORE LOTS IN THE RA, RO, 1 4ND RE ZON
Sec. 8105 -4 - PERMITTED USES IN OPEN S1 A A ; ; ( U. TURAL, &
SPECIAL PURPOSE ZONES
Kennels
Wild animals - -_ - -
Boardinghouses and bed - and - breakfast inns
Care facilities* (see also H &SC & W &IC) -
Day: Care of 12 or fewer persons State law requirement related to 1a --
care facilities for 7 -12 _
Care of 13 or more persons -- - -
Intermediate: Care of 7 or more persons (see Definitions) _ -
Residential. Care of 6 or fewer persons - - -
Care of 7 or more persons -
Cemeteries _
Accessory cremetories, eolumbaria and mausoleums -
Churches, synagogue and other buildings used for religious worship _
Clubhouses (no alcoholic beverages) -
communications facilities
Drilling, temporary geologic (testing only) _-
Dwelling, single-family* (2) (R- P- D zone: see also note 7 below) -
Mobiehome, continuing nonconforming
Affordable or elderly, built pursuant to Article 16 _
Dwellings, two - family, or two single- family dwellings (2)
Affordable or elderly, built pursuant to Article 16
Dwellings, multi - famity -
Affordable or elderly, built pursuant to Articlo 16 - _ -
Dwellings, accessory structures
For human habitation:
Mobilehome/RV as temporary dwelling during construction•
Seoond dwelling*
- — Not for human habilation (with or without bathroom)
GFA including existing accessory structure
Up to 400 sgft. - -- -- Over 400 sgft. to 1000 sq ft.
Over 1000 sg1t. per structure. or over 2000 sq ft. per lot,
Antenna, gourd- mounted (roncommorcal), above 40 feet'
Dwellings, accessory uses - -- _ -
Animals (1)
Apicuture• -- -- -
Aviaries -
Farm animals* (other than horses /pontes)
Horses ponies• - - - - - Pet animals*
More animals than are permitted by Sec 8107 - 2.2
Wild animals - - -
Commercial uses, minor, for project residents
Home occupation
Storage, open* (1) - - - - -
Education and training —
Colleges and universities
'There are sm cific regulations for this use, sea Arncle 7
(1) See also Sec. 8105 -3
(2) Most pudic water facilities are exempt from these regulations
09 -Feb -94
♦ Permitted Use
• Planning Commission - Planned Development P,
Q City Council - Plan ned Development Permit
Planning Commission - Conditional Use Permit
0
City Comicil - Conditional Use Permit
OS AE RA RE RO R1 R2 RPD TP 1
['age -.Vs-
NOTE: AN APPROVED RESIDENTIAL PLANNED DEVELOPMENT PERMIT IS
REQUIRED FOR FIVE OR MORE LOTS IN THE RA, RO, R -1 AND RE ZONES.
Sec. 8105 -4 — PERMITTED USES IN OPEN SPACE, AGRICULTURAL, &
SPECIAL PURPOSE ZONES
Permitted Use
•
Plan nuig Commission - Planned Development i'crmn
Q City Council - Planned Development Permit
O Pbnning Commission - Conditional Use Permit
Q City Council - Conditional Use Permit
OS AE RA RE RO R1 R2 RPDTP I
Schools, elementary and secondary (boarding and nonboarding)
Energy production from renewable sources
Festivals and similar events, temporary outdoor
Government buildings - - -
correctional institutions
Fie stations
Law enforcement facilities
Grading (1)
Within an overlay zone
Hospitals - - - --
Hospitals for large animals - -- -
Libraries - - - -- --
Mineral resource development - - - - -- -
Mining and accessory uses,
Less than 9 months in duration - - - -
Public Works maintenance
Oil and gas expbration and production'
Mobikftmeparks• - - - -- -
Model homesAot sales*; 2 years - - - - - - more than years - - - - - -
Motion picture and TV production, and related activities and structures
Temporary (maximum 42 days in any 180 - day period) • (1)
Pipelinesand transmisson lines, above ound•
Public utility facilities, excluding offices and service yards (1)
Recreational sport and athletic facilites
Camps* - - - - - Campgrounds* - - - - -
ConxnurRiycenters - - -- -
br farm workers and nonprofit farm community organizations
Fields, atNetic
Geothermal spas
Golfcourses, except minature golf•
Parks - - - With buildings
Periodic outdoor sporting events
Recreational vehicle parks* - - - - --
Recreation projects. City-Initiated
Caretaker recreational vehicle, accessory
Retreats*: Without sleeping facilities - - -- - - -
Wfftt sleeping facilities - - -- - — -
Riding stables - - — - — -
Withaccessorylodgingfacilities - - -- -- -
Shooting ranges and gun clubs -
Signs (see also Sea 8105 -3 and Article 10) _
Storage of building materials, temporary*
Trees and native vegetation: Removal. relocation or damage (1)
Within an overlay zone — - - - - -- -
Uses and istnxtures, accessory (other than b agric . a rrmals or dwellings)
To a use requiring a PD Permit or CUP
Dwelling, caretaker - - -
Waste treatment and disposal - - -- -
Water production, storage and disks uton facilities; Rivate purveyors (1) (21 - - -
*There are specific regulations for this use; see Article 7.
(1) See also Sec. 8105 -3.
(2) Most pudic water facilities are oxompt from these regutatons
09- Feb -94
Page - 39-
====MOM
mmmmmm
Page - 39-
NOTE: ALL USES LOCATED IN THE M-1 AND M-2 ZONE WHICH AT THE PROPERTY LINE IS
ADJACENT TO RESIDENTIA 'ZONED PROPERTY ::HALL REQUIRE CITY COUNCIL APPROVED
CONDITIONAL USE PERMIT HRIOR TO OCCUPANC, OF THE BUILDING.
SEC. 8105 -5 - PERMITTED USES IN COMMERCIAi AND INDUSTRIAL ZONES
Airfields and landing pads and strips, private
Airports --
Amusement and recreational tacilities (see Definitions) - - -
Amusement pants and carreivals
Arcades _
Batting cages and golf driving ranges, indoor
Bicycle racing tracts, outdoor
Health Clubit3ywmaskirn (see definitions)
Martial Arts and Dance Stud'os
Motion picture theaters, outdoor (drive- in) _ --
Racetracks (for motorized vehicles), shooting ranges and stadiums -
Art galleries, museums and botanical gardens
Automobile service stations - - -
Barns and related financial offices and institutions
Bars, tavernsand nightclubs, _
Care tacilities: For 7 or more persons* (see also H. 8 S. C and W 8 LC
Day (1) (2) - - Intermediate and residential
Car washes, salt - service or automatic
Cemeteries, columbarta and mausoleums
Cremalorkm accessory - -
Churches, synagogues and other buildings used for religious worship
Clubhouses
With alcoholic beverages - - -
Club projects, temporary outdoor
Communications facilities
Radio and televsion broadcasting stations
Conference Center /Convention Center _
Contractor service and storage yards and buildings
Crop production (3) _
Firewood operations
Uses and structures, accessory -
Dwelling, farm worker (maximum one per bt)
Fuel storage (3)
Offices - -
P}acking, preliminary processing, or storage of crops: Without structi, es (3)
Produce stands, retail•
Dog and tat grooming
Drilling, temporary geologic (testingorgy) - -_-
Education and Training
Colleges and universities _
Schools: Elementary and secondary (nonboarding only) (1) (2)
Schools: Professional, vocational, art, craft and self- improvement_
Energy production from renewable sources
*There are specific regulations for this use; see Article 7
♦ Permitted Use
• Planning Commission - Planned Development P,
0 City Council - Planned Development Permit
O I'Linning Commission - Conditional Use Permit
0 City Council - Conditional Use Permit
CO C1 CPD M1 M2 1
(1) H there is an existing Planned Development Permit for the site, the scnoui racitity could bo permitted by approval of a modification b the existing Pormd (2)
For M- 1, M -2, and C -O Zones, a school facility wuld only be permitter w i. re sponsored by or pormitted within an industtial or commercial use
on the same site.
(3) Seealso Sec. 8105 -3.
(4) Churches located in existing buildings with an approved Planned Develoo'nent Permit will require a Modification to that Perm 1.
Page -40-
09- Feb -94
O
O
O
O
O
O
O
_
O
O
- - --
O
O
-
O
O
- -
•
•
O
PROHIBITED
O
O
O
O!
O
O
O
O
O
O
_ _
O
•
•
O
O
-
Q
Q
C O
--
•
10
C J
O
O
10
- _
O
O
O
O
O
101
O
•
•
Q
O
O
O
O
- - - --
O
O
-
O
•
-
O
- - -
O
O
(1) H there is an existing Planned Development Permit for the site, the scnoui racitity could bo permitted by approval of a modification b the existing Pormd (2)
For M- 1, M -2, and C -O Zones, a school facility wuld only be permitter w i. re sponsored by or pormitted within an industtial or commercial use
on the same site.
(3) Seealso Sec. 8105 -3.
(4) Churches located in existing buildings with an approved Planned Develoo'nent Permit will require a Modification to that Perm 1.
Page -40-
09- Feb -94
NOTE: ALL USES LOCATED I't. ,-IE M -1 AND M -2 ZONE WHICH AT PROPERTY LINE IS
ADJACENT TO RESIDENTIALLY ZONED PROPERTY SHALL REQUIRE A CITY COUNCIL APPROVED
CONDITIONAL USE PERMIT PRIOR TO OCCUPANCY OF THE BUILDING.
SEC. 8105 -5 — PERMITTED USES IN COMMERCIAL- AND INDUSTRIAL ZONES
Festivals and similar events, temporary outdoor
Government buildings, excluding correctional institutions
- Fie stations - - - --
Grading (3)
Within an overlay zone - - - —
Heatth services such as professional offices and out - patient clinics
Ambulance services - - - - - --
Hosplols - - - -
Pharmacy, accessory retail. for prescription pharmaceuticals only
Hotels, motels and boarding houses
Kennels - - - - --
Laboratories: Researchand scientific _ —
Medical and dental - - -- --
Libraries & information center - - - - —
Manufacturing industries - - - Apparel and related products
Dressrtakingand tailor shops - - - --
Chemicals, gasesand related products (see Definitons) excluding nerve c�5 - -_
Drugs. pharmaceuticals, perfumes, cosmetics and the Ike
Soaps, detergen sand cleaners
Electrical and electronic machinery, equipment and supplies
Batteries - - - - --
Household appliances —
Transmission and distribution equipment. and industrial apparatus__
Food and related products - - - --
Aloohotic beverages - - - - —
Bakery products -
Meat, sealood and pouftry packing plants
Slaughtering; refining and redering of animal fats and oils
Sugar refining - - -
Furniture and related fixtures
Instrurrtents: Measuring, analyzing and oontroling
Jewelry, sihrerware and plated ware
Leather and leather products - - - -
Tanning, curing and finishing of hides and skins
Lumber and wood products and processes - - - --
Cabinet work - - - —
PIYn�Dd particleboard and veneer manufacture wood preservtnq
Sawmills and planing mills - - -- - --
Macttinery, except electrical - - - - --
Office, computing and accounting machines
Metal indnties. primary - - - --
Rolling, drawing and extruding - —
Metalproducts.fabriated _ - Ammunition - - - - --
MacMne shops Plating. polishing, anodizing engravingand related operations _
Musical insirumerlts, including pianos and organs
'There are specific regulations for this use, see Article 7.
(1) See also Sec. 8105 -3.
09— Feb -94
♦ Permitted Use
• PLinning Commission — Planned Development Permit
0 CityCouncd — Planned Development Permit
�) Phnnutg Commission — Conditional Use Pcrmit
Q CityCouncil — Conditional Use Pcrmit
C2
CO CI CPD M1 M2 I
_
O
O
__
•
•
•
•
O
_
•
•
•
O
O
O
_
SEE ARTICLE 9
_
•
•
•
O
_
O
•
•
O
_
O
O
O
_
O
— —
O
•
O
•
_
O
•
•
•
•
_
O
•
• _
L
- - --
Page - 41-
NOTE: ALL USES LOCATED IN THE M -1 AND M - -2 "'ONE WHICH AT THE PROPERTY LINE IS
ADJACENT TO RESIDENTIA ZONED PROPERTY SHALL REQUIRE ATY COUNCIL APPROVED
CONDITIONAL USE PERMIT PRIOR TO OCCUPANC', OF THE UILDING.
SEC. 8105 -5 — PERMITTED USES IN COMMERCIA: AND INDUSTRIAL ZONES
Paper and related products
Products from paper and peperboard, including containers— _
Plans, pencils and other office and artistis• materials
Personal goods - - - _-
Petroleum refining and related industries
Photographic, medical an dvptical goods, and watches and clocks_
Prining, publishingan drelated industries _
Print shops (upto 1500 9g1t.of grossfborarea)
Rubber an dplastica products
Tie retreading and recapping _
Signs and advertising displays
Sbne, clay and glass products
Asbestos products ---_ - - - -
Cement concretes and plaster,and products fabricted therefrom _
Glass and glasswares pressed and blown, including flat glass _
Glass products, made of purchased glass
Fbck aushing and sandblasting plants _
Textile mill products
Tobacco products
Toys and amusement sporting and athletic goods _
Transportation equipment _
Motorcycles, bicycles and related parts _
Mineral resorce development _
Mining and accessory uses*
Less than 9 months in duration
Public Works maintenance
Oiland gas exploration and production'
Motion picture and TV production, and related activities an dstructkies
Temporary (maximum47 daysinany 180 -day period)' (1)
Offices: business, professional & administrative, except health & vettxin:v.
Parking lots
Pipelinesand transmission lines, aboveground
Propulsion (engine) testing ----- - - -
Public utility facilities (1)
Otlicesonly ----- - -
Service yards - ---- - - - - -
Recording studios and sound stages
Rental and leasing of durable goods
Bicycle rental - - - - - —
Repairand reoonditiong services - - - - --
automobile body York an dpainting
automobile repair, including component repair
Electrical and electronic machinery and equipment
Heavy machinery repair, including trucks, tractors and buses
Instraments, induding musical instruments'
Offices computing and accounting machines
Photographic and optical goods
Repair of personal goods such as lewely, shoes a nd saddlery - - - -
'There are specific regulations for this use. see Ancclo 7
(1) Seealso Sec, 8105 -3.
09— Feb -94
♦ Permitted Use
• PLinning Commission - Planned Dcvcbpment Pe,
Q Ctiv Council - Planned Development Permit
O PLinning Commission - Conditional Use Permit
Q City Council - Conditional Use Permit
C2
CO C1 CPD M1 M2 1
Page -42-
O
O
•
•
I
-_ -
O
O
- - --
O
O
O
O
O
O
_
O
O
O
O
O
O
O
O
O
O
•
O
O
O
O
O
—� __
_
O
10
•
_
O
10
_
O
10
•
Page -42-
NOTE: ALL USES LOCATED k HE M -1 AND M -2 ZONE WHICH AT i PROPERTY LINE IS
ADJACENT TO RESIDENTIALLY ZONED PROPERTY SHALL REQUIRE A CITY COUNCIL APPROVED
CONDITIONAL USE PERMIT PRIOR TO OCCUPANCY 01: THE BUILDING.
SEC. 8105 -5 — PERMITTED USES IN COMMERCIAL. AND INDUSTRIAL ZONES
Restaurants, cafes and cfeterias (2) Temporary Outside Eating
Retail trade (see Definitions) _
Christmas tree sales* - - -
Feed stores
Lumber and building materials sales yards
Mail order houses (nonstxe) - - - -
Mobr vehcle, rriobilehome, recreational vehicle and boat dealers* - _-
Nurseries
Usesarid structures, aocessory - - - -
Outdoor sales and services. temporary* (see Definitions)
Repair of pro ducts retailed -
Salvage yards. including automobile wrecking yards
Servioe establishments
Business (see Definitions) - - -_- - - - _-
Auction halls, not involving livestock -
Disinfecting and exterminating set vices _
Exhibits. building of
Industrial laundries and dry cleaning plants -
Sign painting and lettenng shops _ - -
Personal (see Defirtions) - - -
Signs (Seeafso Sec.8105 -3 and Article 10) _ -
-
Freestandingotf- sdoadvertisingsigns - -
Swap meets
Taxidermy
Transportation savices (see Definitions) -
Bus and Vain terminals _
Stockyards, not primarily for fattening or selling livestock -
Truck storage. overnight
Trees and native vegetation: Removal. relocton or damage (1) -
Within an overlay zone _
Uses and structures. accesewy
Dwelling, for superintendent or owner _ -
Dwelling, caretaker _ - -
Game machines: Three or fewer
Recreational facilities, restaurants and cafes Fore employees only
Retail sale of products manufactured on- site -
Temporary buildings during ocnstuction•
Vaccination clinics, temporary. for pet animals• -
Veterinary clinics, pet animals only' -
Warehousing and storage, including ministorage
Automobile impound yards; dead skxage of trucks. busesand the like - - --
Building materials, movers' equipment and the Ike Indoor - -
Outdoor
Fertilizer and manure - - -
Hazardous materials; including pesticides and herbicides
Petroleurn and gas (butane. propane. LPG. etc.); explosives and f rewoiikr.
Recreational vehicles -
*There are specific regulabons for this use; see Article 7
♦ Permitted Use
• Pbnning Commission - Planned Development Permit
0 City Council - Planned Development Permit
0 Kinnmg Commission - Conditional Use Permit
❑• (try Council - Conditional Use Permit
4V
CO -
-
(1) See also Sec. 8105 -3.
(2) Restauants with temporary outside eating tacilibes stall receive a Modf o, - i to the Planned Development Permit
Page -43-
09— Feb -94
NOTE: ALL USES LOCATED I " THE M -1 AND M -> ZONE WHICH AT THE PROPERTY LINE IS
ADJACENT TO RESIDENTIAL. ZONED PROPERTY SHALL REQUIRE j QTY COUNCIL APPROVED
CONDITIONAL USE PERMIT PRIOR TO OCCUPANCY ")F THE 8l1II.DING.
SEC. 8105 -5 - PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
Storage of building rnalerials. lernporai y
Waste lreatrnent and disposal (see Definitions) _
Recycling tacilities and centers
Water production, storage and distribution facilities Prnate puryeyors (t � (2)
Wholesale trade
Zoological gardens, animal exhibits and commcircul aquari ums
*There are specific regulations for this uso; see Arec)o 7
(1) Seealso Sec 8105 -3.
(2) Most public water facilitiesare exempt from these regu4itions
09— Feb -94
♦ Permitted Use
• Planning Commission - Planned Development Pen....
Q City Council - Planned Development Permit
O Planning Commission - Conditional Use Permit
Q City Council - Conditional Use Permit
C2
CO C1 CPD M1 M2 I
Page -44-
ARTICLE. 6
LOT AREA AND COVERAGE, SETBACKS, !iEIGHT AND RELATED PROVISIO14S
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.
(See Chart)
Page 4` 2/94
Sec. 8106 -1.1 - Development Standards for 0 -S, A -E and R -Zones
Two story residences with windows facing the adjacent property shall have a minimum
ten (10) foot sideyard setback (2nd story only) and a twenty (20) foot rear yard
setback from the adjacent property line.
Zone
Minimum
Required Minimum Setbacks (b)
Maximum Structure Height
Lot Area
(a)
S I D E
Main
Exceptions
Accessory
Structure
(Main
Structure
Front
Interior and
Reverse Corner
Rear
Structure)
Center Lots,
lots: Street Side
Except Reverse
Corner
0-S
10 Acres
10'
10'
Height may (0-S /A-E
be increased R-A) same
A -E
40 Acres
above 25' as Main
(to maximum Structure
R A
One Acre
20'
351) If each (C)
side yard is
R F
10,000
at least 15'
sq.-t
25, 1
20 �,00
,
s .ft
51
10
15' (c)
K
6,000
sq.ft.
20'
(f)
I
I
i I i
R -2 1
7,000
sq.ft.(d)
R-P -D
As
specified
See Section 8109 -1.2.2
35'
As specified by permit.
by permit
(e)
(a) Zone suffix (Sec. 8103 -1) may require greater minimum lot area. See Sec. 8106 -2 (or other exceptions.
(b) See Sections 8106 -5 and 8106 for exceptions. See Sec. 8106 -4.3 for flag lot setbacks.
(c) See Sections 8106 -5, 8106 -7 and 8106 -8 for exceptions.
(d) Mimimum lot area per duelling unit: 3,500 square feet.
(e) Minimum density: one dwelling unit per acre: maximum density: 30 duelling units per acre.
(f) See Sec. 8106 -5.11 for exception.
Page - 46 -
i
2/94
Sec. 8106 -1.2 - Development Standards
for Commercial., Industrial and Special Purpose Zones
Page - 47 - 2/94
MAXIMUM BUILDING
REQUIRED MINIMUM SETBACKS
MAXIMUM STRUCTURE HEIGHT
COVERAGE
(a)
ZONE
MINIMUM LOT
S "e "c SECT13h 8109 - ».2.1
i SEE SECT;ON 8109 - 4.2.1
M-1
AREA
From Street
Each Interior Yard
Main
Exceptions
Accessory
Structure
(Main
Structure
10,000
As specified by
Structure)
30'
C -0
50% of Lot Area
Front: 20'
None required, but if
sq.ft.
Height may
R-Zone: otherwise as
No
Approval
Side: 5'
provided or if any side is
be
specified by permit (d,e)
adjacent to R -Zoned
25'
increased
M -3
Requirement
10' (d)
property, then 10 feet on
As
(to maximum
that side
specified
601) with
As
by permit
Planning
C -1
within 100'
5 feet on
5 feet if adjacent to an
35'
Commission
of R-Zoned
corner lots
R-Zoned: otherwise as
C.U.P.
Specified
property.
As
(e)
specified by permit (a)
C2
by
C-P C
Specified
by I
P erm�
'.P
(t)
As specified by nerTi!
25'
Page - 47 - 2/94
Permit
r
100 Acres (c)
S "e "c SECT13h 8109 - ».2.1
i SEE SECT;ON 8109 - 4.2.1
M-1
20 (d)
May oe
increased
10,000
As specified by
5 feet if adjacent o an
30'
to 60' with
Planning
Director
M 2
15 (d)
sq.ft.
permit (e)
R-Zone: otherwise as
Approval
specified by permit (d,e)
M -3
10' (d)
As
Maximum 60'
specified
when
by permit
located
within 100'
of R-Zoned
property.
Page - 47 - 2/94
(a) See Section 8106 -5 for exceptions. See Sect »n 8106 -3.3 for flag lot. setbacks.
(b) See Section 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 site is adjacent to or across the street from an R -zone; (2) to maintain
uniformity with existing adjacent development; or (3) ,)n the hasin of the configuration of
the industrial site.
(e) AM.ORD.3810- 5/5/87.
NOTE: For all industrial and commercial zones, buildings shall be setback from edge of right -
of -way for all existing and planned (as shown in adopted Circulation Element) four and six lane
arterials and four lane rural connectors as follows: thirty (30) feet of building setback for
all front yard and ten (10) foot building setback for all side yards with a minimum of ten (10)
feet of landscaping behind the front and sideyard property lines. From all existing and planned
local connectors and two lane rural connectors, the building setback shall be twenty (20) feet
for the front and ten (10) foot building setback for the side yard with a minimum of a ten (10)
foot of landscaping behind the front and sideyard property lines. Said setbacks shall be
landscaped, except for walkways and front -to -beck driveways, and shall not be used for drive
aisles or parking. The ten (10) feet is for landscaping only with the exception of a public
sidewalk as long as the right -of way is not reduced as a result of the public sidewalk being
partially or totally within the required ten (10) feet of landscaping.
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 agric,.11tural purposes only.
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.
Sec. 8106 -2.3 - Fire Stations - There shall be no minimum area
for a lot in the O -S, A -E or R -A zones or any of the subzones
thereof during the period of time the lot is held by a public
entity for present or future use as a fire station or is
dedicated to a public entity for such use. Any lot-in such zones
or any subzones thereof 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
Page 48 2/94
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 specificall•.• 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 fror7 the midpoint of the rear
alley.
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 ( )ver 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 Director of Community Development 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.
Peps G,V 2/94
FLAG L01 CHART
If a-b, applicant
designates C or D a-s front-
Page - `0
R
s► is
s �
F
s
t �
s
2/94
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.
d. A trailer, boat or other similar recreational vehicle
shall not be parked in the driveway within 10 feet from
the face of the curb. Parking of a vehicle in the side or
rear yards (not in required setback areas) shall be
screened from view. Parking of such vehic,,l.es shall not
occur within 10 feet of the rear or within '3 feet of the
side yard property lines.
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 a driveway access
to the required parking or on a paved area adjacent to the
driveway, as an accessory use to the dwelling, and as an
accessory use to a dwelling, and except as provided
elsewhere in this chapter. At no time may more than 50 %
of the required front setback area be covered by asphalt,
concrete, or other hardscape materials used for vehicle
parking or as a vehicle driveway. The vehicle parking or
PAGO '.1 2/94
driveway area must be connected to a public right -of -way
through a City approved curb approach.
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. Any
additional paved area for parking purposes may not exceed
50% of the area covered by the existing driveway and not
to exceed 30 feet in total width.
b. No required setback may be used for the provision of
required parking spaces, except as specifically provided
in this Chapter.
c. 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 -5.3 - 1 Commercial Vehicles in Residential Areas -
It is unlawful to park a commercial vehicle, as defined in
the Vehicle Code, having a manufacturer's gross vehicle
weight rating of ten thousand (10,000) pounds or more on any
highway, street, alley, public property, or private property
in a residential zone or district, when the parking is not
connected with work or service to a property which reasonably
requires the presence of the commercial vehicle in the
residential zone or district, or for more than the time
reasonably necessary to carry out such work or services to
the property.
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
Page 5. 2/94
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 1 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.
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 setback requirements as the main residence
with the exception that the required rear yard setback for the
second story balcony or deck shall not be less than ten(10) feet
and the sideyard setback shall not be less than ten (10) feet.
The color and the materials of the second story deck shall
complement those of the main structure. In addition, the
following requirements apply. A form provided by the Department
Pep• 3 2/94
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 -5.14 - Patio Covers - Covered patios that are attached
to the main dwelling shall maintain the same setbacks as the
main residence, except that the rear yard setback may be reduced
to ten (10) feet. The maximum height of a patio cover shall be
twelve (12) feet. The color and the materials of the patio cover
shall complement those of the main structure.
Sec. 8106 -6 - MISCELLANEOUS SETBACK REGULATIONS
Sec. 8106 -6.1 - Distance Between Structures on tte 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.
Pap• - 54 2/94
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,
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.
S
Sec. 8106 -8 - MISCELLANEOUS REGULATIONS
Sec. 8106 -8.1 - Fences, Walls and Hedges
Sec. 8106 -8.1.1 - No fences over three feet high may be
placed in a required sight triangle (see Sec. 8106 -8.4), in
a required setback adjacent to a street, or in ten -foot by
ten -foot right triangle on each side of a driveway on a side
property line. A maximum six - foot -high fence may be located
in other areas of a lot. Exceptions:
a. A six - foot -high secs- through fence may be located
anywhere on a lot of 20,000 square feet or more.
Pay 55 2/94
b. A six - foot -high fence may be placed in the street -
side setback of a corner lot other than a reverse
corner lot.
G. A maximum eight -foot -high fence may be located:
(1) On a vacant or developed lot zoned O -S, A -E,
or R -A, or on any vacant or developed lot in
a commercial or industrial zone, anywhere
except within a required sight triangle or
setback adjacent to a street; or
(2) On any vacant or developed lot zoned R -E, R-
O, 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 O -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. 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 fenc(, .
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
p.V. ' 2/94
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:
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; o-
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 eases 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 coulc block the view of approaching
traffic on the major street sha1L be constructed or located on
the street side of the line connecting the two points. Curb cuts
on discretionary projects should he : onsidered minor streets for
purposes of this section.
Page ' 7 2/94
Speed Limit
On Major Street (mph)
25
30
35
40
45
50
55
Sight Distance
Required (ft.)
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 24 feet (12 feet if within 100 feet of
residentially zoned property) unless a greater height is
approved by the Director of Community Development or his
designee).
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.
d. A lighting plan shall be submitted for all approved
entitlement projects governed by Article 11 of this
Chapter. The lighting plan shall achieve the following
objectives: Avoid interferences with reasonable use of
adjoining properties; minimize on -site and off -site glare;
provide adequate on -site lighting; limit electroliers
height to avoid excessive illumination; and provide
structures which are compatible with the total design of
the proposed facility.
e. Fixtures must provide :;harp cut -off qualities which
minimizes light spillage at property lines<F
f. Energy efficient lighting fixtures shall be provided which
are compatible with adjacent properties.
g. No direct light source ;bulb) shall be visible from the
road.
h. The architectural design of the pole(s) and lamp(s) shall
complement the design of the building.
i. Eliminate upward light spillage.
Page `.F - 2194
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 Occupation: - See Municipal 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.
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
foundation. For mobilehomes used as caretaker or farm worker
dwellings, manufactured mobilehome skirting shall completely
enclose the mobilehome, incli. ding the tongue, with a color
Page -S 2/94
and material that will be compatible with the mobilehome. The
siding shall be covered with an exterior material customarily
used on conventional dwellings and approved by the Department
of Community Development.
Sec. 8107 -1.3.4 - Site Plan and Elevations - The site plans
and elevations of the proposed housing unit is subject to
review and approval of the Department of Community
Development. Applicants are required to submit designs which
are in keeping with the overall character and quality of the
neighborhood and community.
Sec. 8107 -1.3.5 - Roof Pitch - The mobile home or
manufactured housing unit shall have a roof with a pitch of
not less than 2 inch vertical rise for each 12 inches of
horizontal run and consisting of shingles or other material
customarily.used for conventional dwellings and approved by
the Department of Community Development and the Building
Official.
Sec. 8107 -1.3.6 - Porches and Eaves - The mobile home or
manufactured housing unit may be required to have porches and
eaves, or roofs with eaves when, in the opinion of the
Department of Community Development, it is necessary to make
it compatible with the dwellings in the area.
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 Director of Community Development 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. A bond or cash deposit shall be required
in the amount to cover removal of the temporary mobile home
prior to receiving City approval for the placement of the
temporary dwelling. The amount of the deposit shall be
determined by the Director of Community Development.
N.9. I 2/94
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.
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 Director of Community Development may grant a time
C.{,r 5' 2/94
extension for good cause, based on a written request from
the applicant.
b. Items used periodically or continuously on the property by
the resident(s) thereof, such as outdoor furniture, trash
cans or barrels, equipment for maintenance of the
property, outdoor cooking equipment, and recreational
equipment, accessory to the principal use.
c. Operative vehicles, boats, vehicles, or other items placed
on trailers which are operative and licensed for travel on
public thoroughfares.
d. One cord (128 cubic feet) of firewood, if stored in a neat
and orderly manner in one location on the lot.
Sec. 8107 -1.7 - Second Dwellinci
Sec. 8107 -1.7.1 - Standards and Requirements - A second
dwelling, as defined in Section 8102 -0, requires approval of
a Zoning Clearance, and compliance with all of the following
standards and requirements:
a. A second dwelling shall only be permitted on a residential
zoned lot that is one - fourth acre (10,890 square feet) or
larger in size.
b. The lot on which a second dwelling is to be constructed
shall contain an existing single - family dwelling, which is
owner occupied ..at the time of application for a Zoning
Clearance and Building Permit for the second dwelling.
c. Prior to the approval of a Zoning Clearance for a second
dwelling, the applicant shall be required to complete a
neighborhood notification process, as established by city
council resolution. x
d. The maximum size of the second dwelling shall be limited
to the more restrictive of either thirty percent (30 %) of
the existing single - family dwelling floor space or the
following lot size limitations:
(1) Lots 10.890 square feet to 21,780 square feet - A
second dwelling shall not exceed 800 square feet.
(2)- Lots 21.781 square feet to 43,560 square feet - A
second dwelling shall not exceed 900 square feet.
Pepe 62 2/94
(3) Lots greater than One Acre to Five Acres (217.800
square feet) - A second dwelling shall not exceed
1,000 square feet.
(4) Lots greater than Five Acres - A second dwelling
shall not exceed 1,100 square feet.
e. No more than one second dwelling is allowed on each lot.
f. The second dwelling shall not be sold as a separate unit,
but it may be rented.
g. The lot must conform with the lot area, width, and depth
requirements for the underlying zone. A second dwelling
shall not be allowed on a legal non - conforming lot.
h. Establishment of a second dwelling shall not create or
increase a nonconforming use or structure. A second
dwelling shall not be allowed on a lot which contains a
legal non - conforming use or structure.
i. Minimum yard setbacks from the property lines for the
second dwelling and associated garage or carport structure
shall be the same as is required for the existing single -
family dwelling based on the more restrictive of either:
1) the setback requirements of an approved Residential
Planned Development (RPD) permit (see section 8109 -2.3),
or 2) the setback requirements of the applicable zone
district (see Article 6, Section 8106 -1.1).
j. Architectural standards of the second dwelling shall
conform to the existing single- family dwelling through use
of the appropriate building form, height, materials, and
color. The roof material used for the second dwelling
shall be equal to or of higher quality than that used for
the existing single- family dwelling.
k. The only accessory structures that may be attached to, or
share a common wall with, a detached second dwelling are
a garage or carport.
1. The following parking standards shall apply:
(1) The number of parking spaces required shall be as
follows:
Second dwelling 800 to 900 square feet in size -
One covered or uncovered parking space is required.
Paga 63 2/94
Second dwelling larger than 900 square feet in size
- Two covered or uncovered parking spaces are
required.
(2) The size of each required off - street parking space
shall be an unobstructed minimum of 9 feet wide by
20 feet long.
(3) The parking space(s) provided for the second
dwelling shall not be located in a required
dwelling unit setback and shall be paved.
(4) The required off - street parking space(s) for a
second dwelling shall be in addition to the parking
required for the existing single - family dwelling,
and shall be located on the same lot as the
existing single - family and second dwellings.
(5) Access to the parking area for a second dwelling
shall be at least ten feet wide and paved.
m. The Director of Community Development may approve the use
of a mobilehome or a manufactured house on a fixed
foundation as a second dwelling, if the design is
compatible with the existing single - family dwelling and
the surrounding community, and all of the mobilehome and
manufactured housing standards of Section 8107 -1.3 are
complied with.
n. A second dwelling processing fee, as established by city
council resolution, shall be paid at the time of
application for a Zoning Clearance for a second dwelling.
Sec. 8107 -1.7.2 - Deferral of Decision on Application - The
Director of Community Development may defer any approval or
denial decision on an application for a Zoning Clearance for
a second dwelling to the Planning Commission if the proposal:
a. Involves significant public controversy; or
b. Is. in conflict with the standards and requirements of
Section 8107 - 1.7.1; or
c. May be precedent setting; or
d. Should be deferred for any other cause deemed justifiable
by the Director of Community Development.
Face r.,. - 2/94
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 -1.9 - Satellite Dish Antennas - The intent and purpose of
this section is to regulate the installation of satellite dish
antennas through the design review building process to protect the
environment, the character of the neighborhoods or of the City as
a whole, and the health, safety, and general welfare of the public.
a. Permitted Uses
1. Satellite dish antennas shall be permitted uses upon
approval of the Director of Community Development in the
residential zones in the case where the antenna is ground
mounted and the entire apparatus does not exceed 8 feet
from the ground, when the antenna is to be located in the
side or rear yard and conforms to the side or rear yard
residential setbacks for accessory buildings, when the
antenna is not visible from the public right -of -way, and
when the antenna is provided with a screening cover.
2. Satellite antennas located in any commercial, industrial,
public facility, or any multi - family zone, will be
required to receive approval from the Department of
Community Development. The Department of Community
Development may issue a denial if the proposed location
infringes on the adjacent property owner or does not meet
certain conditions to maintain aesthetics in the area.
Such application shall be filed with the Department of
Community Development and shall include a plan showing the
location of the proposed antenna, height and width of
antenna, setback distances and description of the type of
mount to be used, and the landscape plans showing location
of existing trees, other natural features and proposed
landscaping features, including fence, wall or other
screening, and an application fee set by City Council
Resolution.
b. General Provisions
1. Only* one satellite dish will be allowed for a single
family residential lot or apartment project.
2. The support structures for satellite dish antennas in all
zones, except for single family residential zones where
the antenna is to be located in a side or rear yard, shall
be screened from view from public right -of -way, by use of
walls, fences, and /or 1andscapinca.
Psis "5 2/94
3 . No advertising or text shall be permitted on the satellite
dish antenna, except for operational safety or minimal
logo information.
4. All satellite dish antennas, including the construction
and installation thereof, shall conform to the Uniform
Building Code and Electrical Code requirements.
5. When attached to a main structure, the satellite dish
antenna shall not exceed the maximum building height in
the respective zone.
6. The satellite dish antenna shall not encroach into any
required setback except the rear residential setback, nor
shall it be in any required open space, private recreation
area or required parking space.
7. Outdoor wires necessary for the operation of the antenna
shall be placed underground or attached flush against the
building surface.
8. All units are encouraged to be color- coordinated to
harmonize with predominant structural background material,
so as to reduce visual impacts.
9. Satellite dish antennas outside of residential zones may
be located on rooftops with approval of the Director of
Community Development only if ground mounting is
inappropriate or inaccessible. If allowed, roof - mounted
antennas shall be screened with such screening designed as
an integral part of the building, to have the same color
of the building.
10 The City Council shall adopt by Resolution a process
providing for notification of Homeowner Associations and
adjacent neighbors prior to action by the decision making
authority.
Sec. 8107 -2 - STANDARDS RELATING TO ANIMALS
Sec. 8107 -2.0 - Purpose - These regulations are intended to
establish standards and conditions for the keeping of all
animals in the City of Moorpark while protecting the health,
safety and welfare of its residents.
Sec. 8107 -2.1 - General Provisions Standards - All the
standards contained in this section shall apply equally to
all properties unless otherwise noted.
Page 6t 2/94
a. Enclosure - All animals shall be properly caged or housed,
and must be kept in their corrals, barns, pens or other
enclosure. All corrals, pens, coops, lofts, exercise
areas, or other similar structures shall be fenced or
otherwise enclosed to adequately confine the animal(s).
b. Maintenance - All buildings housing farm animals, all
animal enclosures and all pasture areas shall be
maintained free from litter, garbage and the accumulation
of manure. Premises shall be maintained in a neat and
sanitary manner. If farm animals are not maintained in
compliance with these standards, or are otherwise allowed
to become a nuisance, the City shall initiate enforcement
proceedings as provided by the Moorpark Municipal Code.
c. Animals Not Classified - Any animal not specifically
classified within this Article shall be classified by the
Director of Community Development, based upon a
determination as to the probable negative impact of the
health, safety or general welfare upon the community.
Sec. 8107 -2.2 - Pet Animals - The keeping of pet animals is
permitted in all zones of the City, subject to the following
provisions:
Sec. 8107 -2.2.1 Dogs, Cats, Pot Bellied Pigs and miniature
horses
a. Dogs, cats, pot - bellied pigs and miniature horses are
permitted to be kept upon lots used primarily for
residential or 'agricultural uses, for recreational
purposes (and as protection) as provided in (b) below.
They are permitted to be kept as an accessory use upon any
lot developed with an office, business or other commercial
or industrial use for the primary purpose of protecting
the premises from varmints and trespassers -.
b. Multi Family dwellings in the City may have up to two (2)
dogs., cats, pot - bellied pigs or miniature horses (in any
combination) . All other dwellings in the City may have up
to. four (4) dogs, four (4) cats, four (4) pigs, or four
(4) miniature horses, or any combination not to exceed a
total of four (4) such animals.
c. The offspring of animals are allowed and shall not be
counted towards the maximum allowed number until they are
of weanable or self - sufficient age. Dogs and cats, Pot
Belly Pigs and miniature horses shall be counted as weaned
at four months of age or more.
Page 6 - 2/94
Sec. 8107 -2.3.1 Other Allowed Household Animals
a. A maximum of fifteen (15) other domestic animals such as
domestic mice and rats, hamsters, guinea pigs,
chelonians, tropical fish, birds of the psittacine family
(enclosure must be set back at least 15 feet from any
dwelling or adjacent property).
b. Small caged crustaceans, amphibians and arthropods, and
other similar animals commonly sold in pet stores and
kept as household pets, may be kept upon any lot in any
zone where the principal use upon any such lot is
residential, so long as animals are not maintained for
commercial purposes, do not constitute a nuisance, are
adequately provided with food, care and sanitary
facilities, and do not exceed a total of six (6) animals
(fish being exempt) on any lot either within or outside
any dwelling. Offspring shall not be counted until four
(4) months from birth.
C. Animals that, because of size, specialized breeding or
other unique quality, cannot be clearly categorized may
be permitted (including total number), upon approval of
the Director of Community Development.
Sec. 8107-2.4.1 - Animal Units - The keeping of 'farm' animals
as a principal or accessory use, except for pet animals,
shall be permitted in accordance with the matrix and table of
animal unit equivalents set forth below:
ZONE
MINIMUM
LOT
ANIMAL UNITS PERMITTED (A,B)
DISTANCE SEPARATION
AREA REQUIRED
REQUIREMENTS (C)
0
S
Lots less than 20,000 sq. ft.: two units (d).
Except for movement on
A -
E
10,000
sq. ft
Lots of 20,000 sq. ft. to 10 acres: 1 unit per
and off the property,
R
A
10,000 sq. ft. of lot area. Lots over 10 acres:
animals shall not be
no limit.
kept, maintained or
used in any way,
R
0
20,000
sq. ft
Horses /ponies: 3 units plus 1 unit per 30,000
inside or outside of
sq. ft. of total lot area. Other animals: 1
any structure, within
unit per 10,000 sq. ft. of total lot area.
40 feet of those
portions of any
R
E
10,000
sq. ft.
2 units plus 1 unit per 20,000 sq. ft. of total
structure used for
lot area (d).
human occupancy,
assembly or habitation,
other than the
--
R
1
20,000
sq. ft.
1 unit per 10,000 sq. ft. of Lot area.
residence of the owner
or keeper of such
animals.
Notes:
(a) In calculations for permitted animals, fractiona, numbers are to be rounded to the lower whole number.
(b) The offspring of animals are allowed and shall ,ot be counted until they are of weanable or self -
sufficient age.
(c) These separation requirements do not apply to pe+ animals (8107 -2.1).
(d) No cows, bulls, horses, mules or donkeys or l:)tti less than 20,000 sq. ft. in the R-A or R -E Zone; see
Section 8107 -2.4 for exception.
Page - 68 - 4
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
interpreted as follows: a cow
tenth of an animal unit, and
one type of animal allowed o n
of animal units allowed o
equivalent for that animal.
a given lot. The table is to be
is one animal unit, a chicken is one -
so on. To calculate the number of any
a property, divide the total number
n the property by the animal unit
Animal Type
AniWal Unit
Equivalent
Animal Type
Animal Unit
Equivalent
Bull
1.0
Horse
1.0
Chicken (.1)
.1
Pony
.5
Cow
1.0
Mule
1.0
Donkey
1.0
Peafowl
.5
Duck
.1
Pig
.5
Game Hen
.1
Rn¢bi or oingF fur - fearing
anllAmn of semi er size at
maturity
.05
Racing
Pigeon
.05
sheep
Goat, female
.33
Turkey
.16
Goat, male
.5
Goose
.16
Guinea fowl
.5
No roosters, peafowl, or guinea fowl permitted 1i 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 Reguirem@Vts - Abutting
lots under unified control, either through ownership or by means of
a lease, may be combined in order to meet minimum area requirements
for animal - keeping or to keep a greater number of animals, but only
for the duration of such common ownership or lease, and only in
zones which allow the keeping of animals as a principal use.
Sec. 8107 -2.4 - Temporary Exception - In the R -E Zone, the Director
of Community Development 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 for a period of
one year, without holding a public hearing, provided that the
applicant submits:
Page 6S 2/96
a. A completed application form, as provided by the Director
of Community Development;
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 beehive or box shall
be located or maintained within 150 feet of any public road,
street or highway, or as determined by the Director of
Community Development.
Sec. 8107 -2.5.2 - Apiary Location - A beehive or box shall be
located or maintained a safe distance from an urbanized area.
For the purpose of this section, an urbanized area is defined
as an area containing three 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 "reasonable distance" shall be
determined after investigation by the Director of Community
Development. Decisions of the Director of Community
Development may be appealed pursuant to Sec. 8111 -8 of this
Chapter.
Sec. 8107 -2.5.3 - Dwelling Separation - No 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 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.
Pepe " - 2/94
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.
Sec. 8107 -4 - MOBILEHOME PARKS
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 - The minimum distance between structures in a
mobilehome park shall be ten feet, except that the minimum
distance between accessory structures shall be six feet.
See. 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 re %ource. 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 end 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
P.Q. 7• 2/94
of the Director of Community Development, 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
and /or Conditional Use Permit prior to drilling every well,
commencing site preparation for such well(s), or installing
related appurtenances, as defined by the Director of Community
Development. However, a single Zc:-ing 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
Peke 7;' 2/94
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 - Permittee and operators should share
facilities such as, but not limited to, permit areas,
drill sites, access roads, storage production and
processing facilities and pipelines.
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.
C. New pipeline corridors should be consolidated
with existing pipeline or electrical
transmission corridors where feasible, unless
there are overriding technical constraints or
significant social, aesthetic, environmental
or economic reasons not to do so.
d. When feasible, pipelines shall be routed to
avoid important resource areas, such as
recreation, sensitive habitat, geological
hazard and archaeological areas. Unavoidable
routing through such areas shall be done in a
manner that minimizes the impacts of potential
spills by considering spill volumes,
durations, and projected paths. New pipeline
segments shall be equipped with automatic
shutoff valves, or suitable alternatives
approved by the Director of Community
Development, so that each segment will be
isolated in the event of a break.
e. Upon completion of pipeline construction, the
site shall be restored to the approximate
Pepe ri 2/94
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 gccupied sensitive uses, unless this
requirement is waived by the occupant.
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:
Pete '4 2/94
Sec. 8107 -5.6.1 - Setbacks - No well shall be drilled and
no equipment or facilities shall be 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
channeis'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 subjedt use can be
safely located nearer the stream or channel in
question without posing an undue risk of water
pollution, and impairment of flood control
interests. In no case shall setbacks from
streams or channels be less than 50 feet. All
drill sites located within the 100 -year flood
plain shall be protected from flooding in
accordance wi.th Flood Control District
requirements.
e. The applicable setbacks for accessory
structures foi- the zone in which the use is
located.
Papa 7' 2/94
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 Director of Community Development.
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
Director of Community Development with a plan for controlling
oil spillage and preventing saline or other polluting or
contaminating substances from reaching surface or subsurface
waters. The plan shall be consistent with requirements of
City, State and Federal laws.
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
Page 7" 2/94
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 Director of Community Development and
Fire Department and all other applicable agencies in the event
of fires, spills, or hazardous conditions not incidental to
the normal operations at the permit site. Upon request of any
City Agency, the permittee shall provide a written report of
any incident within seven calendar days which shall include,
but not be limited to, a description of the facts of the
incident, the corrective measures used and the steps taken to
prevent recurrence of the incident. Note: The provisions in
Proposition 65 apply.
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 arE•a. Said colors shall also take
Hfla4 7 2/94
into account such additional factors as heat buildup and
designation of danger areas. Said colors shall be approved by
the Director of Community Development prior to painting of
facilities.
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:
P.o. 7P 2/94
Average Noise Levels (LEQ)
Time Period
Drilling a Malut.naac. Phan.
Producing Phase
Day 7t00 a.m. to 7100 p.m.
Slds(A)
45hc(A)
evening 7to0 p.m. to 10to0 P.M.
300(A)
Ods(A)
Night Solo* P.m. to 1100 A.M.
Odf(A)
40M(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."
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 owner's /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 NQlse Standard - When a
permittee has been notified by the Planning Division that his
operation is in violation of the applicable noise standard, the
permittee .shall correct the problem as soon as possible in
coordination with the Department of Community Development. In
the interim, operations may continue; however, the operator
shall attempt to minimize the total noise generated at the site
by limiting, whenever possible, such activities as the
following:
a. hammering on pipe;
Pepe 74 2/94
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 Director of Community
Development 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 all be
enclosed with soundproofing sufficient to ensure that expected
noise levels do not exceed the noise limits applicable to the
permit. Such soundproofing shall be installed prior to the
commencement of drilling or maintenance activities, and shall
include any or all of the following: acoustical blanket
coverings, soundwalls, or other soundproofing materials or
methods which 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.
Peq. a) 2/94
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 Director of Community Development if the permittee
can demonstrate that the applicable noise standard can be met or
that all applicable parties within the prescribed distance have
signed a waiver pursuant to 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
Director of Community Development that the applicable noise
standard can be met or that all applicable parties within the
prescribed distance have signed a waiver pursuant to Section
8107 - 5.6.25.
Sec. 8107- 5.6.21 - Signs - 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 Director of Community Development's
determination that fencing is necessary due to the proximity of
nearby businesses, residences, or other occupied sensitive uses.
A single, adequate fence which is compatible with surrounding
P.p. N' 2194
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
equipment in a manner consistent with the natural character of
the area, if required, based on the Director of Community
Development's determination that landscaping is necessary.
Required landscaping shall be implemented in accordance with a
landscape and irrigation plan to be approved by the Director of
Community Development or his /her designee after consultation
with the property owner. The landscape plan shall be consistent
with the City Guide to Landscape Plans and shall include
measures for adequate screening of producing wells and permanent
equipment from view of public roads or residential uses,
revegetation of all cut and fill banks, and the restoration of
disturbed areas of the site not directly related to oil and gas
production. Low water usage landscaping and use of native plants
shall be encouraged.
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
Page • 82 - 2/94
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's various permits. In
addition, all new or modified Conditional Use Permits for oil
and gas related uses shall, at the discretion of the birector of
Community Development, be conditioned to require a compatibility
review on a periodic basis. The purpose of the review is to
determine whether the permit, as conditioned, has remained
consistent with its findings for approval and if. there are
grounds for proceeding with public hearings concerning
modification, suspension, or revocation of the permit.
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
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
Pap. - 83 2/94
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
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.
Pep. - 84 2/94
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
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
Pep. 85 - 2/94
mound or other screening approved by the Director of
Community Development 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.
Sec. 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 perk.
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
vehicle park shall be 90 days within any 120 -day period.
Sec. 8107 -8 - RESTAURANTS, BARS, AND'rAVERNS -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
Page - 86 - 2/94
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.
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.
P.p• 87 2/94
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
the site so that it is suitable for subsequent uses which are
Page - 88 - 2/94
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 projects 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
Page - 89 - 2/94
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 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
Director of Community Development 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
Papa 90 2/94
QC'. y
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
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 Director of Community Development.
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 Director of Community
Development may grant temporary exceptions to the noise
standards, hours of operation and the conditions of a given
permit provided it is deemed necessary because of a declared
Pepe - Qi 2/94
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 Director of Community
Development of any incidents such as fires, explosions,
spills, land 'or slope failures or other conditions at the
permit site which could pose a hazard to life or property
outside the permit area. Upon request of any City agency, the
permittee shall provide a written report of any incident
within seven 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 Director of Community Development with the
current name(s) and /or position title, address and phone
number of the person who shall receive all orders, notices
and communications regarding matters of condition and code
compliance. The person(s) in question shall be available by
phone during the hours that activities occur on the permit
site, even if this means 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's
expense. The review and approval of current mining plans
shall not be used in lieu of the formal modification process
to change the text and drawings of the permit conditions.
Sec. 8107 - 9.6.17 - Permit Review -
or aspects of it may be required
ensure compliance with the permit
Monitoring of the permit
as often as necessary to
conditions. In any case,
Page 92 2/94
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 Director of
Community Development's filing of an application for
modification of the conditions of the permit. .If such an
application is filed, it shall be at the City's expense and
modification of conditions would not occur without a duly
noticed public hearing.
Sec. 8107 - 9.6.18 - Enforcement Costs - Permit conditions
shall be imposed which will enable the City to recover the
reasonable and appropriate costs necessary for the reviewing
and monitoring of permit operations and the enforcing of the
applicable requirements of the Zoning Ordinance and the
conditions of this permit.
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
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
Page • 93 - 2/94
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 - M_OTION 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
Page - 94 2194
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.
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 bd 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 Director of
Community Development 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:
Page 95 2/94
Sec. 8107- 16.9.1 - Structures are limited to
rest rooms/ 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.
Sec. 8107 -16.14 - Parking Standards - See Article 8 -
Recreational Uses.
Sec. 8107 -17 - CAMPS - Camps shell 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 ?, 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.
Page 96 2/94
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 lightincj shall be designed so
as to not produce a significant amount of light and /or glare
at the first off -site 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.
P.y. • 97 2/94
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, conferenc(E rooms, storage, and the like.
Sec. 8107 -18.4 - No retreat �;t ructures 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.
Pepe 98 2/94
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 - GTeenhouses,
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 tq 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 - DAY CARE FACILITIES
Pogo 99 2/94
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 roller
skates. Such regulations are established to minimize the
impact on neighboring uses such as, but not limited to:
unsightly structures, noise, loss of privacy, traffic
congestion, trespassing, and risk of damage or injury from
flying projectiles and debris.
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
Director of Community Development.
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.
P.9. 100 2/94
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 - AIJ 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 - Thd 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.
Pap• 10' 2/94
Sec. 8107 -23.8 - Maintenance - Facilities shall be maintained in
a neat, safe, and orderly manner.
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.
Papa • 102 2/94
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 Director of Community Development 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 50 square feet of area in main
auditorium (sanctuary or place of worship) not occupied by
Pepe 10? 2/94
permanent seats. In the case of benches or pews, 24 linear
inches shall be equivalent to one seat.
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 300 square
feet of gross floor area.
m. Dwelling units, including caretaker and farm worker
dwellings: 2 car garage per unit. Note: Dwelling units
approved in.RPD zones with three car garages, shall not be
converted into rooms or other uses which would preclude the
ability of an automobile from being parked in the garage,
except when a member of the homeowner's family is
handicapped /disabled one of the three garages may be
converted to liveable space for use by the
handicapped /disabled family member upon submitting proof to
the satisfaction of the City that the conversion is needed
for the handicapped /disabled. Exceptions as follows:
(1) Bachelor or studio -type dwelling: 1 1/4 covered space
per dwelling unit. At the discretion of the approving
authority, these standards may be reduced as a function
of the review process for a Residential Planned
Development if the units are to be constructed for
senior citizens or affordable housing. It is the
responsibility of the applicant to provide the approving
authority with justification for reduced parking.
(2) One or more bedroom dwellings in a multi - family
building: 2 covered spaces, one of which shall be a
garage, per dwelling L:--it-
(3) Second dwellings: SEE SECTION 8107 -1.7.
(4) Visitor parking in R -P -D Zone: 1/2 space per dwelling
unit.
n. Equipment rental: 1 space per 500 square feet of gross floor
area, -plus 1 space per 2,001'. square feet of outdoor storage
or display area.
o. Furniture and appliance stores handling primarily bulky
merchandise: 1 space per 500 square feet of gross floor area.
PAQ* ' .. 2/94
p. Gymnasiums: 1 space per 250 square feet of gross floor area.
The Director of Community Development 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 I space for each 500 square feet of gross floor
area.
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 300 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 covered spaces per unit. 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
enclosed building: 1 space per 2,000 square feet of
display area.
bb. Services, medical and dental: 1 space per 300 square feet of -
gross floor area.
cc. Offices, not otherwise listed: 1 space per 300 square feet
of gross floor area.
dd. Public facility uses (electrical substations, pump stations,
etc.) and public utility buildings:
Page 105 2/94
(1) Offices: 1 space per 300 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
150 square feet of gross floor area.
(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 der 300 square
feet of building area used for commercial purposes, plus
3 spaces per hole (go_ f. courses) or 1 space per tee
(driving ranges).
(8) Health clubs, spas and the liken 1 space per 300 square
feet of gross floor arf•.i.
(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
Page 10:. - 2/94
attending daytime activity programs, plus 1 space per
full -time employee.
(11) Skating rinks and dance halls: 1 space per 150 square
feet of gross floor area.
(12) Swimming pools, public: 1 space per 300 square feet of
pool water 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 3.5 fixed seats.
gg. Rest and convalescent homes: 1 space for each 4 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: minimum of 10
spaces. For restaurants with temporary outside seating
one outside seat will be allowed per each two inside
seats without a requirement for additional parking.
(2) Without public seating on the premises (take -out or
delivery only): 6 spaces.
ii. Schools (Other than'public) :
(1) Elementary and junior high:
i. Classroom areas: 2 per classroom.
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.
P.q. • 107 2/94
(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 300 square feet of gross office 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 for the first 10,000 sq. ft., and beyond that, one
(1) space per five thousand (5,000) sq. ft. of gross floor
area.
Sec. 8108 -1.1 - Mixed Uses - In the case of mixed uses, the
total requirements for off - street parking spaces may be reduced
up to 20% by the approving authority as a Transportation Control
Measure to reduce vehicular emissions, if it can be demonstrated
that the peak hour parking for each of the uses does not compete
with each other.
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 (at least two and one -half inches thick) , 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 - Compact Parking - No more than 10 percent of the
total parking in industrial zones may be authorized for compact
parking spaces.
Sec. 8108 -1.4 - Private Parking Garage Standards - Any single or
multi -level fully enclosed parking structure located in either
the M -1 or M -2 zone approved with an industrial Planned
Development Permit may have parking measuring no less than nine
(9) feet wide by nineteen feet six inches (19 ,1611) in length
having a twenty -five (25) foot drive aisle width.
Sec. 8108 -1.4.0 - General Requirements of Parking Spaces
Page 105 - 2/94
Sec. 8108 -1.4.1 - 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 Director of Community Development 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 -1.4.2 - Location - Off - street parking spaces shall
be located on the same lot as the building or use that they
are to serve. Off - street parking may be provided off -site if
all of the following apply and if the decision - making
authority allows it:
a. Such off - street parking is located within 500 feet of the
property to be served; and
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; and
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; and
e. The use benefitting from this off -site parking shall cease
when the off -site parking is no longer available.
Pepe - 109 - 2/94
Sec. 8108 -1.4.3 - Tandem Parking - Required parking may be
provided in tandem only in a parking area serving an
individual mobilehome in a mobilehome park or for churches if
the approving authority allows it, provided that the tandem
parking is not more than two cars in depth and both spaces
serve the same use.
Sec. 8108 -1.4.4 - Parking in Setbacks - See Sections 8106 -3
and 8106 -5.3.
Sec. 8108 -1.4.5 - Residential Access - Access to parking
spaces for dwellings shall be at least ten feet wide
throughout and paved with a minimum of two and one -half
inches of asphalt or concrete, 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.
For flag lots the minimum access width shall be twenty feet.
Driveways serving more than two dwellings units shall be at
least 18 feet wide. See also Sec. 8106 -6.2.
Sec. 8108 -1.4.6 - Roof Coverings - Roofs over required
covered parking spaces shall be permanently attached and have
a solid roof covering as approved by the approving authority.
Sec. 8108 -1.5 - 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 93 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.
(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.
Pepe 110 2/94
(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 Director of Community Development 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. These
spaces may substitute for 1 vehicle parking space for
every two motorcycle spaces provided not to exceed 50 of
the total spaces.
Sec. 8108 -1.6 - Parking Lot Design Standards
Sec. 8108 -1.6.1 - 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 provided in
accordance with the degree of the parking spaces they
serve, as described in the following table:
Degree
Stall Depth
One -way Aisle
Two -way Aisle
30
17.5'
L6'
22'
45
201
18'
2211 .
60'
21'
20'
25'
90,
20'
25'
25'
Page 1" - 2/94
N
•O
r
N
O
90° P;;RKING
r I f E
i
� I � 1► I I
o Cli 45° PARKING
N
N
A o 600 PARKING
I-
N rn 300 PARKING
�A
ro
x
H
z
0
r�
rr
H
z
�3
z
0
x
0
:'
Q1
�i
Ct
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 -1.6.2 - 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 wales 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- re:ated impacts.
Pace '13 - 2194
Sec. 8108 -1.6.3 - 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, photo finishing 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 -1.6.4 - Slope - The finished grade of a parking lot
shall not exceed five percent slope.
Sec. 8108 71.7 - 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. This provision may be
waived by the Director of Community Development, if the applicant
can adequately demonstrate to the satisfaction of the Director that
a loading zone is not necessary. Although the Director of Community
Development may waive the required loading space, the applicant
Page 14 2/94
must demonstrate that the required loading space may be added in
the future and still meet all applicable zoning requirements (such
as minimum required landscaping, parking, etc) should the need to
require the space become necessary in the future.
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
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 -O Zone - The following regulations shall apply
to the C -O zone:
Sec. 8108 -2.1.1 - At least ten percent of any Planned
Development Permit area shall be devoted to landscaping.
See. 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.
See. 8108 -2.1.4 - Trees, approved as to type, number and
location by the Director of Community Development, 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. Landscaping within public right -of -way
shall not be counted towards the required ten (10) percent
landscaping requirement. Landscape requirements may be modified
by the Planning Director depending on architectural design, and
may be waived for lots of less than 1•,000 square feet in area.
Page 15 2/94
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 Director of Community Development.
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.
Sec. 8108 -2.3.2 - Trees, approved as to type, number and
location by the Director of Community Development, 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 he landscaped.
Jr
Pag(• '16 - 2/94
ARTICLE 9
STANDARDS FOR SPECIFIC ZONES AND ZONE TYPES
Sec. 8109 -0 - STANDARDS FOR ALL ZONES
See. 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. The following is not to be construed to be an all
encompassing list of criteria:
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;
Pagc - 11.' - 2/94
o. Paleontology;
p. Population growth inducement;
q. Relationship of the site to surrounding properties;
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.
z. Crime prevention issues such as: building security,
adequate lighting, defensible space, etc.
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 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 - Day Care facilities - see Sec. 8107 -22.
Pa-
3 2/94
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 -1.2 - Commercial Vehicles Prohibited in Residential
Zones - It is unlawful for any person to park or leave standing
a commercial vehicle having a manufacturer's gross vehicle
weight rating of ten thousand (10,000) pounds or more (excluding
vehicles dedicated for handicapped use) on any private or any
public property in a residential zone, when the parking is not
connected with work or service to a property which reasonably
requires the presence of the commercial vehicle in the
residential zone, or for more than the time reasonably necessary
to carry out such work or service to the property.
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 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
Page 1i9 2/94
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.
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 zsable -)pen space areas.
Pag• 12'; 2/94
1. Location and size of existing and all proposed utility
lines and drainage.
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.
q. If the applicant disagrees with the application
requirements enumerated herein and as determined by the
Director of Community Development, he /she may appeal the
Director's decision to the Planning Commission within
sixteen (16) days of the Director's decision before the
application has been determined complete. The cost of the
appeal shall ..be as described in the Resolution
Establishing Schedule of Land Development Preliminary
Processing Fee Deposits.
Sec. 8109 -2.3 - Development Standards - Development Standards,
including but not limited to building height, minimum lot size,
and setbacks for the R -P -D Zone, shall be consistent with the
standards and requirements set forth in this Ordinance, unless
modified by the City Council. For a housing development project
which provides rental or ownership units for senior residents or
very low or lower income households, as. provided for in Article
16, development standards may be modified by the City Council by
an amount not to exceed twenty percent (20 %)."
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.)
P+,ye 1 2/94
Sec. 8109 -2.3.2 - Setbacks for Market -Rate, Single- Family
Residential Proiects:
a. Front Setback: overall average of twenty (20) feet is
required for tract with a minimum setback of twenty (20)
feet. The front setbacks of dwelling units shall be varied
so as to provide visual variety.
b. Minimum side setback trom any public street: ten (10)
feet.
c. Minimum side setback on an interior lot: five (5) feet.
d. Sum of side yards on and lot: minimum of ten (10 feet.
e. Minimum distance between structures that are separated by
a side lot line and do not share a common wall: twelve
(12) feet for single story; fifteen (15) feet for two
story.
f. Minimum setback from a rear lot line: twenty (20) feet for
a house, ten (10) feet for an enclosed patio, ten (10)
feet for an open patio cover or balcony, and five (5) feet
for an accessory structure.
g. Two story residences with windows facing the adjacent
property shall have a minimum ten (10) foot sideyard
setback (2nd story only) and a minimum twenty (20) foot
rear yard setback from the adjacent property line.
Sec. 8109 -2.3.3 - .Reserved
Sec. 8109 -2.3.4 - Setbacks for Market -Rate Multi - Family
Residential Development_Pro ' ects:
a. Minimum landscaped setback of twenty (20) feet with an
average landscaped setback of twenty -four (24) 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 - Reserves
Page '22 - 2/94
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 multi - family residential
structure shall be 35 feet.
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.
Sec. 8109 -2.7 - Reserved
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. -V
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.
Gage - 1:13 2/94
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 - Li hcb ting - 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 Director of Community
Development 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.
Sec. 8109 -3.1.6 - Performance Standards - Development in
commercial zones is subject to the performance standards of
this Chapter.
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
Fagg 124 - 2/94
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 (The Director of Community Development shall determine
the actual height based upon field inspection of the site. In no
case shall the stored material exceed the height of the screen
wall). and shall be appropriately landscaped and maintained in
good condition.
Sec. 8109 -3.3 - Accessory Businesses in C -O Zone - In the C -0
zone, accessory barber shops, beauty shops, coffee shops and
newsstands may be 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 Director of Community
Development 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.
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:
Page, 125 2/94
a. Ob;iectionable 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.
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 di:;posal car dumping of solid wastes,
such as slag, paper and fiber wastes, or other
industrial waste: 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
FZ'g• 126 2/94
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 Director of Community Development is
authorized to determine the reasonable application of this
provision in cases of operation hardship or other showing of
special circumstances.
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 const4ucted of metal
shall have exterior surfaces of a :stainless steel, aluminum,
painted, baked enamel or similarly finished surface. All
metal buildings designed for industrial or commercial uses in
the industrial zones shall meet, the following design
guidelines:
Environment
All metal buildings shall be architecturally compatible with
the surrounding buildings as to shape, exterior materials and
details, size shape and location of windows and doors,
distance between buildings and orientation to streets.
Page • '27 • 2/94
Building Form
a. Single uninterrupted wall panes shall be softened with the
use of staggering vertical walls, roof overhangs,
.pilasters and deep reveals at construction joints.
b. Large rectangular forms shall be softened with curved
corners.
c. Contrasting colors, patterns, textures and finishes shall
be used to add variety and interest to metal structures.
d. Other materials such as masonry, brick, concrete or wood
can be combined attractively to define scale.
Windows and Doors
Recessed openings shall be used to provide contrast by
varying patterns of shades, sunlight and depth.
Roofs
a. A variety of roof shapes and forms shall be utilized to
add character and diversity.
b. Appearance of roofs shall be improved with the use of
steeper roof slopes and integrated fascias, darker colors,
concealed fasteners, and other treatments.
c. Mechanical equipment shall be screened with parapet walls,
mechanical recesses, or other means.
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 -4.2.6 - Off- strE!et 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.
P,lg(, 12£'. - 2/94
See. 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. 810(, -5.3.
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 n,)ise, lighting, odors, vibration
and the like.
b. The following uses are PE-rmitted 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.
Page - 1?9 - 2/94
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.
The zone change and preliminary development plan shall be
approved concurrently by the City Council, 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 Director of Community Development 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 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 u3e.
(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 :f the system, present level of
Fli,ue . 30 2/94
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., ;ewer and water) , and community
services.
(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 Director
of Community Development, 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.
Page - " •1 - 2/94
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 Sign - 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 of 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 Sign - Any sign which is anchored directly to the
ground or supported from the ground, or is attached to a
freestanding wall or fence.
Identification Sign - 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 a:] the -standards of this Article are
followed.
Page " ' 2/94
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.
On -site Sian - A sign located on the same site as the occupant,
business, trade or profession to which it relates.
Permanent Sian - 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 z� 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.
Sign - A communication device using words or symbols,
illuminated or non - illuminated, 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 i _,ign i:, placed upon a sign board
or other sign structure having a continuous or essentially
continuous surface or face (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 Director of 'onmunity Development may require
landscaping or other screer:ing at the open end of a double -
faced sign whose faces arty -iot par rllel.
Paye - 133 2/94
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
could be enclosed shall be the sign area; except that when
the space between the elements comprising the sign exceeds
11/2 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'bn 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 - Except as otherwise specified in
this Article and subject to regulations locating signs with
reference to street intersections, freeways, scenic highways and
primary roads, the following signs shall be exempt from the
requirements of this Article:
Page • 134 - 2/94
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;
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;
Page 135 - 2/94
(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 -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. Banners will be allowed for two week
intervals four times per year. However, in no case shall
banners be allowed for more than two consecutive periods.
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:
Page - '•S6 2/94
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 Dn 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 soup;:;
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. 81.10 -6.2, or attached to a service
station canopy roof in accordance with Sec. 8110- 6.9.1;
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 cr 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
Page 137 2/94
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 regulations
applicable to tract signs.
i
Page 13S 2/94
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 r more contiguous lots in single ownership, exceeds 70 feet, to
a maximum of 72 square feet.
d) All signs may cover up to 758 of the length 3f 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. ?+ 10 -6.7.
(f) Permitted on vacant property in C -P -D nnI v zoneu of y: see also Sec.8110 -6.12.
Page 39 2/94
OPEN SPACE, AGRICULTURAL AND R -ZONES
ON -SITE
OFF -SITE
ATTACHED I
FREESTANDING
FREESTANDING
SIGN TYPE
IDENTIFICATION
REAL ESTATE
TRACT
(1)
(a)
(b, k)
MAXIMUM
1
1
1
1
NUMBER PER
LOT
PERMITTED
LESSER IYF 20 OR
LESSER OF 25 OR
12
72
AREA
20
f
(c)
(SQUARE
10
FEET)
MAXIMUM
NOT ABOVE WALL TO
5
10
10
HEIGHT
WHICH IT IS
(FEET)
ATTACBBD
MAXIMUM
(d)
10
16
16
LENGTH
(FEET)
COMMERCIAL AND INDUSTRIAL ZONES
ON -SITE
OFF -SITE
ATTACHED
FREESTANDING
FREESTANDING
SIGN TYPE
IDENTIFICATION
REAL ESTATE
ADVER-
TRACT
(a)
TISING
(f,
(e)
k)
MAXIMUM
NO LIMIT
1
1
1. IRRESPECTIVE
NUMBER PER
g)
OF TYPE
LOT
PERMITTED
( h )
GREATER -lF 10 OR
12
SEE
72
AREA
F : MAX. 200
(c)
Sec.
(SQUARE
5
8110 -
FEET)
6.7.5
MAXIMUM
(i)
LESSER ()1' 25 OR
16
25
10
HEIGHT
HEIGHT 01• HIGHEST
r
(FEET)
BUILDING ON SITE
MAXIMUM
(d)
.5
25
25
16
LENGTH
(j)
(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 r more contiguous lots in single ownership, exceeds 70 feet, to
a maximum of 72 square feet.
d) All signs may cover up to 758 of the length 3f 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. ?+ 10 -6.7.
(f) Permitted on vacant property in C -P -D nnI v zoneu of y: see also Sec.8110 -6.12.
Page 39 2/94
(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 SUP Overlay Lone; see also sac. 8109- 4.5.4b.
(1) A sign for a produce stand may have a commercial message; see Sec.8107 -6.9.
(m) All proposed signs for approved Industrial, Commercial and Residential Planned Development
Permits shall be approved in conjunction with the approved permit, or an approved sign
program and shall supersede the provisions of Article 10 - Sign Requirements. The provisions
contained within Article 10 shall not apply to approved development permits. In no case
shall signs approved as a function of the approved Development Permit exceed the allowable
sign regulations specified in Article 10.
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
fence.
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
curb grade, and no part of its means of support has a
single or combined horizontal cross section exceeding
eighteen inches.
See. 8110 -5.3 - Maintenance - Every sign as permitted by this
Article shall be maintained in good condition. The Director of
Community Development 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 Director of Community Development 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
Page 140 2/94
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 - Lots Having No Street Frontage - 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.
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.
Page 141 2/94
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.
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.
Page tat 2/94
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. 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 ,ask 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. 8:10 -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 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 a- intent of this Article to make
,3aae 143 2194
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 Sian 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 100 feet of a polling
place or historic.site, nor within 660 feet of the edge of a
"Scenic Highway's 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.
The location of all politicaal signs shall be shown on a map
and submitted as part of the application for the sign permit.
It is illegal to place political signs on top of or on other
signs.
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
Pagc t,.c 2/94
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.
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 5,00, 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 - Freestand.inct Monument Signs - are permitted
as follows:
a. Maximum area in squire feet is the lesser of 32 square
feet or 0.8F -40, wti(e F is the lot frontage in linear
feet.
b. Maximum height is 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. 8110 -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
� ; y 4 2/94
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
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 Director of
Community Development 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 -it 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 afore aid. Appropriate refunds
to the applicant(s) shall be made upon written report.to the
Director of Community Development 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
Page - ':6 - 2/94
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.
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.
Page - 147 • 2/94
(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 - 'rhe applicant shall pay such
application fees and removal 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
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.
Page '48 2/94
(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 Director of Community
Development.
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 �n 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
Page 14y 2/94
the effective date of this Article or such later date as the use
is made nonconforming:
Political Signs . . . . . . . . . . . . . . . . . . .10 days
Signs painted on structureeE . . . . . . . . . . . . 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...... 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
Director of Community Development shall order the same to be abated
by the owner of the property or by any other person known to be
responsible for the maintenance �)f the sign.
Sec. 8110 -8.5 - Manner of Abatement - Unless some other mode of
abatement is approved by the Director of Communityzpevelopment 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.
Pace - 150 • 2/94
ARTICLE 11
ENTITLEMENT - PROCESS AND PROCEDURES
Sec. 8111 -0 - PURPOSE - The purpose of this Article is to establish
procedures for the processing of land use entitlement, including
permits and variances.
Sec. 8111 -1 - LEGAL LOT REOUIREMENT - No permit shall be issued for
construction on a lot which is not a legal lot.
Sec. 8111 -2 - ENTITLEMENT
Sec. 8111 -2.1 - Discretionary Permits - Entitlement 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
administrative hearing process, or by the Planning
Commission or City Council through a public hearing
process. This includes Industrial Planned Development
(IPD), Residential Planned Development (RPD) and
Commercial Planned Development (CPD)
b. Conditional Use Permit (CUP) - A Conditional Use
Permit is a permit based on a discretionary decision
required prior to initiation of particular uses not
allowed as a matter of right. Such permits are subject
to site plan review and may be conditioned at the time
of 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 or the Planning Commission. Except for
projects initiated by a City agency or department,
applications for City Council- approved Conditional Use
Permits shall first be reviewed by the Planning
Commission.
Page 151 2/44
C. Temporary Special Use Permit - The Director of
Community Development may authorize, by Zone
Clearance, a use or structure for a temporary period
of time (not to exceed 90 days without additional
approval of the Director of Community Development)
where a delay incident to the normal processing of an
application would be detrimental to the applicant or
the public. The Director of Community Development may
grant additional 90 day extensions to the Temporary
Special Use Permit. Temporary Use Permits shall be
considered a discretionary permit and as such may be
conditioned so as to not be physically detrimental to
the health, safety, life, or property of the applicant
or the public. Examples of Temporary Use Permits are
special events such as Christmas tree sales,
promotional parking lot sales, church carnivals,
Country Days, and sidewalk sales. These permits may be
reviewed by other affected agencies prior to approval.
The purpose of the review is to determine if such a
requested use is in any way a problem as it relates to
the adjacent uses. A Temporary Use Permit may be
revoked by the Approving Authority prior to the
expiration date based upon information that the
conditions have not been complied with, or other
justifiable reason as determined by the approving
authority.
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
Page 152 2/94
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.
f. Is compatible with the scale, visual character and
design of the of surrounding properties, designed
so as to enhance the physical and visual quality of
the community, and the structure (s) have design
features which provide visual relief and separation
between land uses of conflicting character.
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.
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 .'%i-t ic:le 9, must comply with such
standards.
Sec. 8111 -2.1.6 - Additional Standard for Hazardous Waste
Facilities - For any proposed development of a hazardous
waste facility, the foll -)wing additional standard must be
P,Ig. '53 2/94
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.
See. 8111 -2.2 - Other Entitlement
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 Director of Community Development or designee
without a hearing. A Zoning Clearance certifies that a
proposed use of land or structures meets all requirements of
this 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 the Zoning and
Subdivision Ordinances of the City. A Zoning Clearance
shall be issued if the proposed use of land or
structures:
(1) Is permissible under the present zoning on the
land and the City's Zoning and Subdivision
Ordinances;
(2) Is compatible with the policies and land use
designations specified in the General Plan;
(3) Complies with the applicable terms and
conditions of any applicable ]3ermit or other
entitlement;
(4) Is not located on the same lot where a
violation exists of said Chapters 1 and 2 or
of the terms of an existing permit covering
the lot, unless the Zoning Clearance is
necessary to the abatement of the existing
violation; ind
(5) Is not being requested by or for the same
party that owes *_he City fees for charges
under Sections 8111 -3.9.
''a`• 114 2/94
(6) 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 a 1,000 foot area
outside of the City's boundary.
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:
(1) That there are special circumstances or
exceptional characteristics applicable to the
subject prcperty with regard to size, shape,
topography, location or surroundings, which do
not apply generally to comparable properties
in the -,ame :cinit., and zone; and
P. 19. 2/94
(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
decision - 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.
e. Administrative Variance by Director of Community
Development Approval - A request for a minor variance
from certain types of zoning regulations may be
approved by the Director of Community Development as
an administrative variance, if the standards of
Section 8111- 2.�,.,'b. are met. An administrative
variance may be granted through an administrative
hearing process, only in the following situations:
(1) To allow a decrease not exceeding 20 percent in
required minimum sQt.bac }:s;
(2) To allow a decrease
required parking :isle
requirements;
not exceeding 10 percent in
v.idth or similar dimensional
V • 1, t 2194
(3) To allow walls, fences or hedges to exceed the
height limit regulations by a maximum of one foot
in setback areas, except in a required sight
triangle;
(4) To allow an increase not exceeding 10 percent for
maximum building coverage, or sign area or height;
and
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 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 the Zoning
Ordinance, Subdivision Ordinance, or Municipal Code exists on
the lot, provided that the violation was a result of the actions
or inactions of the applicant or his predecessor(s) in interest,
until the violation is abated, unless the acceptance of the
application is necessary to the abatement of the existing
violation.
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 :.s proposed to be developed in
phases, the sequence of such phases shall also be shown.
Sec. 8111 -3.4 - Completeness or 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 wr :':nq o' the reasons for such
E a S 2/94
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 90 -day period
may be granted by the Director of Community Development 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
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 Director of Community
Development in order to compensate for inflation
(based on the applicable regional Consumer Price
Index) or other factors, so that the same relative
value of the security is maintained over the life of
the permit, and to assure that performance securities
continue to reflect the actual anticipated costs for
t aq• 5; 2/94
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.
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 re-
abandonment if required prior to project approval. The City
will notify D.O.G. of the location of any proposed project
that is found to be over or near any such weli(s).
Sec. 8111 -3.6 - Nullification - Zoning Clearances and all licenses
issued therefrom, and all other entitlement, shall become null and
void if:
a. The application request which was submitted was not in
full, true and correct f:rn
b. The entitlement issued does not comply with the terms and
provisions of the permit originally granting the use under
Division 8, Chapters 1 anJ 2, of the City Ordinance Code.
c. The entitlement was is:;u(d erroneously.
Page > 2/96
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 1 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 pre - submittal 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.
Sec. 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
Page 1!)o 2/96
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.
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 th- matter to be considered, and a
general description, it. t,-.1 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
discretionary
Authorization)
modification cr
- In addj'��ion,
permit (()~her
or modi* i..•ation
revocat i ii th, ?re(
if the hearing involves a
than an Emergency Use
thereto, a variance or
f, an appeal regarding any
,.). 1 2/94
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 the Moorpark Municipal Code relating to
public hearing notices shall be adhered to.
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 Director of Community Development.
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 _,f the appeal.
Sec. 8111 -4.1.6 - At least eleven (11) days prior to the
date of the hearing, the applicant shall post on the
property a notice of public hearing. The notice shall be
posted in accordance with the f- rovisions contained within
Section 9.01.010 of Ti•:ie � it the Moorpark Municipal
Code.
P<lge 1•r 2/94
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 Director of Community
Development or designee. The sign must be visible from the
public right -of -way. As determined by the Director of
Community Development, off -site posting may be required in
order to achieve sufficient visibility of the sign by the
public.
Sec. 8111 -4.3 - Reserved
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 Director of Community development or
designee). A Resolution or Determination Letter rendering a
decision on an application request shall recite such conditions
and limitations deemed necessary by the decision - making
authority.
Sec. 8111 -5.1 - Deferral of Decisions on Applications
Sec. 8111 -5.1.1 - The Director of Community Development
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:
Pac, 16S 2/94
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 Director of Community
Development.
Sec. 8111 -5.1.2 - The Planning Commission may defer a
decision on an entitlement to the City Council in cases
where two entitlement regarding the same property or site
are being processed concurrently, and the City Council is
the decision - making authority for one of the entitlement.
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 t,.: 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 noti,ied of the decision.
Sec. 8111 -5.4 - Effective date of Decisions
Sec. 8111 -5.4.1 - An ad.iinistrative decision or a decision
of the Planning Commi, ;:.on is effective at the expiration
Pa ,c ;a4 2/94
of the decision's appeal period unless an appeal, in
proper form and addressed to the appropriate decision -
making authority, is filed with the Director of Community
Development prior to the expiration of the appeal period.
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 Director of Community
Development 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 iri 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.
Page• 165 2/94
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
Director of Community Development 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 -7.1.4 - Permit Ad1ustment - Any change which
would not alter any of the findings pursuant to this
chapter, nor any findings contained in the environmental
document prepared for the permit, and would not have any
adverse impact on surrounding properties, may be deemed a
permit adjustment and acted upon by the Director of
Community Development or designee without a hearing. There
shall be no more than one approved Permit Adjustment per
calendar year. Such changes include-, but are not limited
to, the following:
a. An increase or decrease of not more than ten (10)
percent in floor or permit area and an expansion of
less than 5,000 square feet, whichever is less, or
in the area of walls, fences or similar structures
used as screening, or in height, provision for
landscaping or :similar standard; or dimensions,
provided that ',ny increase in parking space
requirements can ::)e acc- mmodated can -site;
Pn•Ic 1'.6 2/94
b. Internal remodeling or minor architectural changes
or embellishments involving no change in basic
architectural style or any change in use where the
new use requires the same or a lesser permit than
the existing use; or the establishment of a new use
in an unoccupied building that has been granted a
permit; provided, in both cases, that any increase
in parking space requirements can be accommodated
on -site.
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 ;he 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 tiie 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
health, safety or general welfare or as to constitute a
nuisance;
e. That changes in technoic,gy, 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 loc -ited.
Sec. 8111 -7.2.1 - Nonwaiver - The failure of the Director
of Community Development, Planning Commission or City
Council to revoke a variance or permit, or to suspend its
use, whenever cause therefor exists or occurs, does not
gag,, 5' 2/94
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 sixteen (16) calendar days after the alleged
decision- making error, or on the following work day if the
sixteenth day falls on a weekend or holiday. Approval of a Zone
Clearance or other ministerial approvals are not appealable
other than by the applicant of the Ministerial Approval.
Included within this Section are appeals of the Director of
Community Development's refusal to accept or process an
application until the applicant paid all outstanding fees and
charges in accordance with Sections 8111 -3.1, 81r1 -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 Director of Community
Development'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 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:
pa .t, 1,8 2194
a. Appeals of Administrative Decisions (by the Director of
Community Development 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 sixteen (16) calendar
days after the decision being appealed is rendered pursuant to
Section 8111 -5, or on the following workday if the fifteenth 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 fcr the original request, and shall
also be given to the applicar-: and appellant, as the case may
be.
Sec. 8111 -8.4.1 - The Director of Community Development 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 re�;pond within 30 calendar days
following the date of' :uch referral, unless otherwise
specified by the dec i : i n -iiak i nq authority making the
referral.
Sec. 8111 -8.4.4 - Hearir-.:Is on multiple appeals may be
consolidated.
Sec. 8111 -8.5 - Appellate Decision - The decision- making
authority shall either approve, deny, or approve with
modifications, the appeal regjest.
Sec. 8111 -9 - EFFECT OF CHANGE -F_ ZONING REGULATIONS - See Sec.
8113 -10.
P"yr 16v 2/94
ARTICLE 12 -- Reserved
Section 8112 -1. For all residential, commercial and industrial
entitlement permits, as described in Section 8111 -2.1.1 of the
Moorpark Zoning Ordinance, the applicant shall provide, where
feasible and appropriate:
Sec. 8112 -1.1 Transit stop improvements, including but not
limited to bus pullouts, bus pads, or shelters, as required by
the decision making body or other agency.
Sec. 8112 -1.2 Safe and convenient access for pedestrian
and bicyclists from the external circulation system to on-
site buildings or internal street /sidewalks.
Section 8112 -2. For all commercial and industrial entitlement
permits for developments serving 50 or more employees, the
applicant shall comply with the requirements as outlined within
Section 8112 -1 and shall include in the project design a
transportation information board (see definition, Section 8102 -0 of
Ordinance Number 137) located where it is likely to be seen by the
greatest number of employees. Information on the board shall
include, but is not limited to, the following:
• Current maps, routes and schedules for public transit routes
serving the site;
• Ridesharing promotion material supplied by commuter - oriented
organizations;
• Telephone numbers for referrals on transportation information
including numbers for the regional ridesharing agency, Dial -
A- Route, and local transit operators;
• Bicycle route and facility information, including
regional /local bicycle mal)L and bicycle safety information;
• A listing of facilities and services available for
canpoolers, vanpoolers, hicyc:list_, transit riders and
pedestrians at the site.
Section 8112 -3. All commercial and industrial entitlement permit
requests for developments serving 100 employees or more, shall
identify where employee parking will be located and the permit
shall comply with the requirements as outlined within Sections
8112 -1 and 8112 -2, and, to the satisfaction of the City, shall
provide all of the following measure:::
Section 8112 -3.1. Ten percent ol- the parking spaces required by
Article 8 of the Moorpark 7nning Ordinance (Ordinance Number
Page 2/94
137), shall be dedicated to carpool /vanpool spaces. All said
carpool /vanpool spaces shall be located in one location as close
as possible to the employee entrance. The carpool /vanpool
spaces shall be designated by stenciling "carpool" in the stall;
said lettering shall be approved by the Director of Community
Development. The location of the carpool /vanpool parking spaces
shall be identified on the site plan upon the application for a
development permit, to the satisfaction of the City. A
statement that preferential carpool /vanpool spaces for employees
are available and description of the method for obtaining such
spaces must be included on the required transportation
information board, Section 8112 -2.
Section 8112 -3.2. Parking spaces reserved for vanpools must be
accessible to vanpool vehicles. The parking spaces shall meet
the parking requirements as outlined within Article 8 of the
Moorpark Zoning Ordinance.
Section 8112 -3.3. All bicycle /motorcycle parking spaces shall be
located in one location as close as possible to the employee
entrance. The bicycle /motorcycle parking spaces shall be
designated by stenciling "bicycle" or "motorcycle" in the stall;
said lettering shall be approved by the Director of Community
Development.
Section 8112 -4. For all commercial and industrial entitlement
permits for developments serving 150 employees or more, the
applicant shall comply with the requirements as outlined within
Section 8112 -1, 8112 -2, and 8112 -3, and shall provide all of the
following measures to the satisfaction of the City:
Section 8112 -4.1. Sidewalks or other designed pathways
following, to the greatest extent feasible, direct and safe
routes from the external pedestrian circulation system to each,
and between each, building in the development.
Section 8112 -4.2. Development design shall incorporate, showers,
changing rooms, and lockers for employees who bicycle, jog or
walk to work.
Section 8112 -4.3. Development design shall incorporate, at a
minimum, lunchrooms, and if feasible, cafeterias, eating
establishments or other facilities which will reduce the need
for mid -day driving.
p3gi 171 2/94
Section 8112 -5. For all residential developments of five hundred
(500) dwelling units or more, the applicant shall comply with the
requirements as outlined within Section 8112 -1, and shall comply
with the following measure to the satisfaction of the City:
Section 8112 -5.1. Development design shall, to the greatest
extent possible, and as appropriate based on adjacent land use,
incorporate services such as dry cleaners, eating
establishments, child care facilities, grocery markets,
neighborhood work centers and other facilities which will reduce
home -based vehicle trips and vehicle miles traveled, and, if
necessary, apply for a Zone Change to accommodate such
services."
1 n a % 2/94
ARTICLE 13
NON - CONFORMITIES 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 - NON - CONFORMING FACILITIES FOR NON - MOTORIZED
WHEELED CONVEYANCES - Notwithstanding any other provision of
this Article, any facility or structure for non - motorized
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 NON - CONFORMING 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
purpose may continue to be used as a residence by a new owner if
a Director of Community Development 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 bein,l used legally as a residence on
the subject site on oi- 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 Director
of Community Development Conditional Use Permit between July 24,
1978 and July 2, 1981, may c -ntinue to be used as such if no
+!3e i 2/94
other residence was located on the subject site at any time
between July 24, 1978 and the time of issuance of the Director
of Community Development Conditional Use Permit, provided that
either 1) a modification to renew the Director of Community
Development 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
REQUIREMENTS - 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;
d. The proposed addition otherwise conforms to the
provisions of. this ftapter.
Sec. 8113 -3.2 - Changes of Use - Charges 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 may ;t be obtained. In such
cases, the parking requiremen-s shall be determined to the
satisfaction of the Planning C ivisio:- and be specified by the
permit. The parking specified Ln3er the permit shall not be
considered conforming.
F', �' 2/94
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.
Sec. 8113 -4 - THE KEEPING OF ANIMALS - Non - conformities 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 pursuar►t 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.
v.,g( 7' 2/94
Sec. 8113 -5.2.2 - Discontinuance or Chancre 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.
Sec. 8113 -5.2.3 - Notice of Amortization - The Director of
Community Development 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 Director of Community Development 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 sh�,.11 not invalidate any proceedings
under this Article.
Sec. 8113 - 5.2.4 - Notice of Termination and Order to Comply -
Notice of Termination of 3 nonconforming use and order to
comply shall be served by the Director of Community
Development at the end of the amortization period upon the
owner of record whose property contains such nonconforming
use. In those instances where the Director of Community
Development 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 Non -
conformities Beyond Period of Amortization - A request for a
continuance of non - conformities beyond the period of
amortization may be grantee 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 Director of Community Development makes
the following dot, ?, -inat in�,:
(1) Special Circumstances - that special
Circumstanc, s app ty to any such use or
2/94
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
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 Director of Community Development -
Upon filing of a complete application, the Director of
Community Development 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
Director of Community Development. The Director of
Community Development may impose such conditions,
including time limitations, as he or she deems
necessary for the compatibility of such nonconformity
with adjacent prop(- r•ties.
d. Appeals shall be -fled 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 u!-,es in commercial zones, and industrial uses in
industrial zones, may contintic,, provided that:
Sec. 8113 -5.3.1 - Expansion - No additions or enlargements
shall be made to such nonconforming use or the structure in
- ��':.V 1 7 2/94
which it is located, except for alterations which may be
required by law, 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
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 non - amortized, 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 invcliintarily damaged or destroyed in
whole or in part, the !-Itruc:ture 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 destructions nd i 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 'irea which existed before
2/94
destruction, no structural
reconstruction shall be made
structure and the use are made
of the zone classification in
alterations, repairs or
unless every portion of such
to conform to the regulations
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
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 NON - CONFORMANCE 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 ;uri ;dicti--n.
Sec. 8113 -10 - EFFECT OF CHANGE OF ZONING REGULATIONS
Pa Jt 1 :'9 2/94
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 -10.2 - On Uses Rectuiring 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 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 i;, under a permit that specifies an
expiration date or clause and the new regulation requires
a different permit, --he 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.
P',q- 180 2/94
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 such 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 O -S and A -E Zones which are consistent with
this Chapter -ind the Ger,�ra 1 Plan and with proper and
Fay, '8.' 2/94
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
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 Director of Community Development
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
Director of Community Development 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 macfistrate, 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 proceeding;. based upon the issuance of a
written notice to appear pur- :,cant tc this Section.
vagr 182 2/94
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
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 Director of Community
Development 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 Director of Community Development to make an objective
determination. Failure to submit data required shall constitute
grounds for revoking any prev.-ously 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_Nonc.om_liance - Whenever the Director
of Community Development determines, pursuant to the provisions
of Sections 8114 -3.3 and 811.4 -4 of thi:3 Chapter, that violations
of the City Ordinance Coda exist or that permit conditions are
not being complied with, the Director of Community Development
may notify the permittee and /or owner 'of the property on which
such violations are alleged tc exi: t 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 Noncomplian,;(� with the Office of the
County Recorder. The permit-.t.. o ind /cr property owner shall be
notified of the recordation c: * the 11 >t ice of Noncompliance. The
Notice shall describe the property, specify the Ordinance
section or permit condition:; i�]<�te 1, and state the date of the
.:,a, 1;- 2/94
most recent notification to the permittee and /or property owner
of said violation(s) . The Director of Community Development
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.
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.
F. g'• '.8.. 2/94
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
and recommendation;
c. By a request from the Director of Community Development 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 ~o the City Council; or
e. By Director of Community Development action, for proposed
amendments to the text )f --hi!-, Chapter.
Page 1F; 2/94
Sec. 8115 -1.2 - Study of Additional Area - The Director of
Community Development, 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.
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.
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 Director of Community
Development, 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 kniti.ated 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
°are 156 2/94
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
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 reasonalde conditions on any amendment
request for the protection of : ibl is health, safety, and general
welfare.
Sec. 8115 -3.7 - Notice of Deci�;ions - Decisions of the Planning
Commission or Board of Supervisors, aF, the case may be, shall be
in accordance with Section 81'1 -5.3.
Pagr 87 2/94
ARTICLE 16
DENSITY BONUS PROVISIONS
Sec. 8116 -0 - PURPOSE AND INTENT - The purpose of this Article is
to set forth the standards and regulations under which density
bonuses and other incentives may be offered by the City to
developers of housing development projects pursuant to State
Government Code Section 65915 et seq. The adopted Housing Element
of the Moorpark General Plan includes a future five -year housing
program which describes those actions and programs which the City
of Moorpark will undertake to continue the maintenance, improvement
and development of housing for all residents of the City. Included
as a Housing Element program is the offering of density bonuses,
consistent with State law, to developers proposing construction of
rental and ownership housing for very low and low- income
households. It is the intent of the City to encourage the provision
of such housing by providing a density bonus or equivalent
incentive under Article 16 of the Zoning Ordinance. To be eligible,
developers must comply with the terms of this Article and enter
into an appropriate housing agreement. Neither Government Code
65915 et seq. nor this Article require the provision of direct
financial incentives for any housing development, including the
provision of publicly owned land, or the waiver of fees or
dedication requirements.
Sec. 8116 -1 - DEFINITIONS - Foi the purposes of this Article,
unless otherwise apparent from the context, certain words and
phrases are defined as follows:
Affordable Housing Agreement - An agreement between the
developer and the City guaranteeing the affordability of rental
or ownership units to very low or lower income households in
accordance with the provisions of this Article.
Affordable Units - Those unit:; in the housing development for
very low or lower income hou:s, :ioldc .
Director - The Director of Community Development or his
designee.
Housing Development - One or more groups of projects with a
minimum of five residential units under a City residential _
planned development permit, reg,3rdless of whether such permit is
based upon individual subdivi...cn maps or parcels.
Housing Program - The housing development(s) allowed and
agreement(s) entered into plirs, ant tr this Article.
P; g': .':a 2/94
Lower Income Household - Those households defined in Section
50079.5 of the Health and Safety Code.
Qualified Household - A household meeting the appropriate income
or age restrictions.
Restricted Unit - A unit which is designated for a specific
income or age restriction.
Senior Housing Agreement - An agreement between the developer
and the City guaranteeing the availability of rental or
ownership units to senior residents in accordance with the
provisions of this Article.
Senior Resident - A qualifying resident or senior citizen as
defined in Section 51.3 of the California Civil Code.
Senior Units - Those unit; i1 the housing development for senior
residents.
_Very Low Income Household - Those households defined in Section
50105 of the Health and Safety Code.
Sec. 8116 -2 - DENSITY BONUS /INCENTIVES
Sec. 8116 -2.1 - In accordance with California Government Code
Section 65915, the City Council shall either grant a density
bonus and provide one incentive, or shall provide other
incentives of equivalent financial value based upon the land
cost per residential unit, as part of the planned development
process, to housing developments which provide housing to
qualified households.
Sec. 8116 -2.2 - In the case where a density bonus is granted, an
additional incentive is not required if a written finding is
adopted by the City Council that the additional incentive is not
required to provide for i 1 f, �rd�ibl e rent or affordable housing
costs as defined in 1 1 ` -e_
Sec. 8116 -2.3 - Density and ncentives
Sec. 8116 -2.3.1 - The increase in density shall be
twenty -five percent (21,x) over the otherwise maximum
allowable residential density under the applicable zoning
designation and Land Use Element cf the City's General Plan.
Sec. 813.6 -2.3.2 - Incen•i-es to be provided by the City, as
determined by the City ounci.i may include but are not
limited to the followin,j-
i t Y 2/94
a. A reduction in R -P -D Zone site development standards by an
amount not to exceed twenty percent (20 %), or a reduction
in architectural design requirements which exceed the
minimum building standards adopted by the City; and
b. Other regulatory incentives or concessions proposed by the
developer or the City, which result in identifiable cost
reductions.
Sec. 8116 -2.3.3 - The developer shall demonstrate to the
City's satisfaction that the incentives are necessary in
order to develop affordable units.
Sec. 8116 -2.4 - Qualification Requirements
Sec. 8116 -2.4.1 - In order to qualify for a housing program,
pursuant to this Article, a housing development must meet one
or more of the following criteria:
a. At least twenty percent (20 %) of the total units of the
housing development must be set aside for lower income
households; or
b. At least ten percent (10 %) of the total units of the
housing development must be set aside for very low income
households; or
c. At least fifty percent (50 %) of the total units of the
housing development must be set aside for senior
residents.
Sec. 8116 -2.4.2 - The density bonus units shall not be
included when determining the number of housing units equal
to ten (10) or twenty (20) percent of the total.
Sec. 8116 -2.5 - Residential Planned Development (R -P -D) Permit
and Zone Designation Requirements - A R -P -D Permit is required
by Section 8109 -2.0 of the ('ity's :'oning Ordinance for any
project creating five (5) or more separate residential lots in
the Rural Agricultural (R -A), Rural Exclusive (R -E), Single
Family Estate (R -O) , One Family Residential (R -1) and Two - Family
Residential (R -2) Zones. Section 8109 -2 et. seq. sets forth the
R -P -D Permit requirements for any project in a R -P -D Zone. For
the purposes of this Article, a R -F -D Permit shall also be
required for any project Great ng five (5) or more residential
units for which a density bona rid /(�-- other incentive(s) have
been requested.
Sec. 8116 -2.6 - Maintenance of Affordable or Senior Units -Where
a density bonus and an additional incentive are both granted or
Pvgr p 2/94
other incentives of equivalent financial value are granted, the
affordable or senior units shall be maintained as such for a
period of thirty (30) years, unless a longer period is required
due to financing or government programs as determined by the
City. Where only a density bonus is granted, the affordable or
senior units shall be maintained as such for a period of ten
(10) years, unless a longer period is required due to financing
or government programs as determined by the City.
Sec. 8116 -2.7 - Affordable or Senior Housing Agreement - The
property owner shall be required to enter into an agreement with
the City, which in part ensures to the satisfaction of the City
that the restricted units remain available to the qualified
households for the required period of time. Said document shall
be known as the Affordable Housing Agreement or the Senior
Housing Agreement, shall be approved by the City Council, shall
be recorded, and shall run with the land.
Sec. 8116 -3 - HOUSING PROGRAM - GENERAL REOUIREMENTS
Sec. 8116 -3.1 - The density bonus and /or other incentive(s)
shall apply to the Affordable Ownership Housing Program, the
Affordable Rental Housing Program, the Senior Resident Ownership
Program, and the Senior Resident Rental Program.
Sec. 8116 -3.2 - A developer may submit to the City a preliminary
proposal for a housing development pursuant to this Article
prior to the submittal of any formal requests for General Plan
amendments, zone changes, subdivision map, or R -P -D Permit
approvals. The City Council shall, within ninety (90) days of
receipt of a written preliminary proposal, notify the developer
in writing of whether it shall:
a. Grant a density bonus, witi or without an incentive; or
b. Provide other incentives of equivalent financial value.
Sec. 8116 -3.3 - Any developer constructing both 20 percent (200)
of the total units for lower income households and ten percent
(10%) of the total units for very low income households, is
entitled to only one density bonus and at least one additional
incentive, identified in Section 8116- 3.3.2, although the City
at its discretion may grant more than one density bonus.
Sec. 8116 -3.4 - Compatibilit;, - Affordable units developed in
conjunction with a market rar•? development shall be of similar
design and similar quality z:; the market rate units. Exteriors
and floor plans of affordable kinit:; shall be similar to the
market rate unit.,;; interior. -: ?ature�, such as luxury flooring,
Pays .�i 2/94
appliances, and lighting fixtures, need not be the same as
determined by the City.
Sec. 8116 -3.5 - Location - Affordable units shall be dispersed
throughout the housing development rather than clustered in a
single area or a few areas. Siting of the affordable units
within a project shall be approved by the Director in order to
ensure dispersal.
Sec. 8116 -4 - STANDARDS FOR RESTRICTED UNITS
Sec. 8116 -4.1 - Affordable Ownership Units - Eligibility and
Sales Price
Sec. 8116 -4.1.1 - Households shall be eligible to purchase an
affordable unit if they meet the following criteria:
a. Where at least twenty percent (200) of the total units of
a housing development are set aside for lower income
households, a person or family shall be eligible if the
household income does not exceed the qualifying limits for
lower income families as established by Section 50079.5 of
the Health and Safety Code.
b. Where at least ten percent (109.) of the total units of a
housing development are set aside for very low income
households, a person or family shall be eligible if the
household income does not exceed the qualifying limits for
very low income families as established by Section 50105
of the Health and Safety Code.
c. Consideration will be given to households residing and /or
working in Moorpark.
T
Sec. 8116 -4.1.2 - Determin- ---ion o: Initial Affordable Unit
Sales Price - Initial price:- of off ::rdable units shall be set
so that monthly housing coL•- =s do ,-.ot exceed the following:
for lower income households, housing costs shall not exceed
thirty percent (30 %) of seventy percent (700) of the area
median income, as adjusted frr fami:y size appropriate to the
unit; and for very low income households, housing costs shall
not exceed thirty percent (";_ %) of :ifty percent (50 %) of the
area median income, as adjus-�ed f family size appropriate
to the unit. In no case shal'_ a unit subject to the
affordable housing prograr be s, Id at more than ninety
percent (900) of the cost c •1 c:,:-: arable market rate unit.
a. For purposes of the housi. :q proq- a:;i, monthly housing costs
shall include utilities; (see :c r, water, gas, trash,
telephone, cable television, ar.': electricity) , homeowner
V, ;(' 1 2/94
association fees, homeowners insurance, and property
taxes, in addition to the actual mortgage payment.
b. For purposes of the housing program, unless pertinent
federal standards apply, "adjusted for family size
appropriate to the unit" shall mean one person to a studio
unit, two persons to a one - bedroom unit, three persons to
a two - bedroom unit, four persons to a three - bedroom unit,
and five persons to a four - bedroom unit.
Sec. 8116 -4.2 - Affordable Rental Units Eligibility and Rent
Sec. 8116 -4.2.1 - Households shall be eligible to rent an
affordable unit pursuant to the same criteria set forth in
Section 8116 - 4.1.1.
Sec. 8116 -4.2.2 - Determination of Initial Affordable Unit
Rental Rates - Initial rents of affordable units shall be set
so that monthly rent does not exceed the following: for lower
income households, rent shall not exceed thirty percent (30 %)
of sixty percent (60 %) of area median income, as adjusted for
family size appropriate to the unit; for very low income
households, rent shall not exceed thirty percent (30 %) of
fifty percent (50 %) of the area median income, as adjusted
for family size appropriate to the unit.
a. For purposes of the housing program, monthly rent shall
include a reasonable utility allowance for sewer, water,
gas, trash, telephone, cable television, and electricity.
Nothing herein requires the landlord to pay for those
utilities; however, if the landlord does not pay for those
utilities, the rent shall be reduced by an amount equal to
the utility allowance. _
b. For purposes of the housing program, unless pertinent
federal standards apply, "adjusted for family size
appropriate to the unit" shall mean one person to a studio
unit, two persons to a one - bedroom unit, three persons to
a two - bedroom unit, four persons to a three - bedroom unit,
and five persons to a four- bedr-com unit.
Sec. 8116 -4.3 - Senior Ownership and Rental Units -
Households shall be eligible to purchase or rent a senior
unit if they meet the following criteria:
a. Where at least fifty percent
• housing development are set
• person or family shri l l be
person is a senior re i :grit .
( uo) of the total units of
aside for senior residents,
•,,ligible if at least one
P,)9" 'Y' 2194
Consideration will be given to households residing and /or
working in Moorpark."
P`"'` 2/94
ARTICLE 17 -- Reserved
paq 19, 2/94
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. (In the event
there is a question as to the location of a Zoning Boundary, the
City Council shall have the authority to make a determination as to
the location of the Zoning Boundary line).
2/94
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 5296864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clei-< of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. _ 189 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 2nd _ day of MARCH , 1994, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASOt
NOES: NONE
ABSENT: COUNCILMEMBER HUNTS.-
ABSTAIN: NONE
WITNESS my hand and t e official seal of said City
this 3rd day of 1ARCi _ 1.994.
Y --
I;llian E. Hare
C . ty Cler }.
77� "
PAUL W. LAWRASON JR PATRICK HUNTER sCOrT M, '.TGOMEPY BERNARDO M PEREZ JOHN E WOZNIAK
Mayor Mayor Pro Tern ;o f, )r-b- Councdm.�mbe• Concilmember