HomeMy WebLinkAboutAGENDA REPORT 1993 1117 CC REG ITEM 11CI t
ITEM • •
AGENDA REPORT
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Development
Paul Porter, Senior Planner
DATE: November 4, 1993 (CC meeting of November 17, 1993)
SUBJECT: REVISIONS TO CITY'S ZONING ORDINANCE
Background
At the City Council meeting on October 27, 1993, the Council
directed staff to make additional changes to the Zoning Ordinance
and to bring the changes back for the Council's review on November
17, 1993. The City Council requested revisions on October 27, 1993
include the following:
1. Page 3 - revised height of miniature horse to conform with
American Miniature Horse Association regulations. Staff
contacted the City of Thousand Oaks for information regarding
the size of Miniature Horses and learned that the City of
Thousand Oaks does not have a size restriction, but that
miniature horses, by definition are considered as livestock.
2. Page 22 - Allow airfields and landing strips in the open space
zone with a Planning Commission approved Conditional Use
Permit.
3.
Page 32 -
Revise landscaping requirement for commercial and
industrial
buildings adjacent to two and four lane roads so
that they
have a minimum of ten (10) feet of landscaping
behind the
property line with no intrusion of parking lots or
buildings.
The 10 foot area could include a public sidewalk
as long as
the public right -of -way area is not reduced as a
result of
the public sidewalk being partially or totally
within this
required ten (10) feet of landscaping.
4.
Page 34 -
Section 8106 -5.1 (d) - eliminate bus
5.
Page 44 -
Item 10 - add language setting the process as to
when Homeowner
Associations and adjacent neighbors are
required to
give consent to be enacted by resolution.
6.
Page 69 -
modified parking for theaters to 1 space for 3.5
fixed seats.
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PP11:09:9311:39pmA:\cc5.mRx 1 ACTION.
-7'
By
7. Page 70 - modified Section 8108 -1.1 put a cap of 20% to be set
on allowable reduction of parking spaces for off - street
parking for mixed uses where it can be demonstrated that the
peak hour parking for each of the uses does not compete with
each other; and eliminated Section 8108 -1.3 allowing compact
parking in industrial zones.
8. Page 71 - eliminated size requirement for compact parking
space.
9. Page 108 - Section 8111 -7.1.4 (a) - modified to allow an
increase or decrease in floor area of not more than 10% of the
total area or 5,000 square feet, whichever is less.
In addition, the Council requested staff to ask the City Attorney
as to whether the proposed language for sections 8109 -2.3.3 and
8109 -2.3.5 of the Zoning Ordinance is consistent with or superseded
by either Section 8116 -2.3.2 (a) of the Zoning Ordinance or
provisions for density bonuses and other incentives as found in
Section 65915 of the Government Code. As of the writing of this
report, staff has not received the City Attorney's response.
The Council also requested staff to research the number a parking
spaces required by theaters to ensure that the City's parking
requirements are consistent with the needs of the industry. Staff
has attached a portion of a letter dated October 6, 1992 from
United Artists stating that required parking shall be no less than
1 space for every 3.5 seats. The amount of required parking for
theaters has been changed to be consistent with United Artists
requirements for parking. Staff has also contacted the cities of
Camarillo, Simi Valley and Thousand Oaks for their parking
requirements for theaters which are as follows:
Camarillo - 1 parking space for each 4 fixed seats or 1 space
for each 100 square feet of spectator area where there are no
fixed seats.
Simi Valley - 1 parking space for every 4 f ixed seats or 1
space for every 35 square feet if there is no fixed seating.
Thousand Oaks - 1 parking space for every 3.5 fixed seats or
1 space for every 35 square feet if there is no fixed seating.
PP11:04:93 11:34pmA: \CC5.MWf 2
Recommendations:
1. Review the Council directed changes to the Zoning Ordinance.
2. Direct staff to place this item on the City Council Agenda of
December 1, 1993 for the purpose of introducing the Ordinance
for first reading.
Attachments: 1. Council directed revisions to Ordinance
2. Draft Ordinance
3. Portion of letter dated October 6, 1992 from
United Artists
PP11:04 :93 11:34p":\Cc5.NAY 3
Sec. 8106 -2 - EXCEPTIONS TO LOT AREA - The following are exceptions to the minimum lot
area regulations stated in Sec. 8106 -1:
Sec. 8106 -2.1 - Water Well Sites - A water well site or sites, each no more than 1200
square feet, may be created on a lot for the sole purpose of transferring, by lease
or sale, possession of the well and so much of the land around the well as may be
necessary for use of water from the well for agricultural purposes only.
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 used for any purpose other than a fire station site by the
public entity or its successors in interest.
Revised November 12, 1993 32
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, bars, 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 vehicles shall not occur within 10 feet
of the rear of 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 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 - 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.
Revised November 5, 1993 34
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.
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 -2.0.1 - General Provisions Standards - All the standards contained in this
section shall apply equally to all properties unless otherwise noted.
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 -2.1 - Pet Animals - The keeping of pet animals is permitted in all zones of the
City, subject to the following provisions:
Sec. 8107 -2.1.1 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.
Reviaed November 12, 1993 44
(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.
(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 narkina spaces mia;:ia a:::< usY.,.. 2i#:: .bY..t#k►...apQvaitiutitc>x'.:< a
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 -1.4 - 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 (1916 ") in length having a twenty -five (25) foot
drive aisle width.
Sec. 8108 -1.4 - General Requirements of Parking Spaces
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.
Revised November 5, 1993 70
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 ag 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.
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 spacei, serve the same dwelling.
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 99 spaces: one handicapped space.
Also, one such space for each 100 spaces thereafter or fraction
thereof over 99 spaces.
(2) Nonresidential - One handicapped space for the first 40 spaces or
fraction thereof, plus one additional such space for each
additional 40 spaces or fraction thereof.
(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.
Revised November 5, 1993 71
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.
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 fcr 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 - Manor Modification - Any proposed modification which is
considered to ',.)e a substantial change in land use relative to zhe 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.
WrilGiieler ; 3,B ..- Le,s8, or in the area of walls, fences or similar
structures used as screening, or in height, provision for
landscaping or similar standards or dimensions, provided that any
increase in parking space requirements can be accommodated on -site;
b. Internal remodeling or minor architectural changes or embellishments
involving no change in basic architectural style or any change in
use where the new use requires the same or a lesser permit than the
existing use; or the 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 the following causes:
a. That any term or condition of the permit or variance has not been complied
with;
b. That the property subject to the permit or variance, or any portion thereof,
is or has been used or maintained in violation of any statute, ordinance,
law or regulation;
Revised November 5, 1993 108
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING ORDINANCE NO. 137 FOR THE PURPOSE OF
MAKING REVISI014S TO THE CITY'S ZONING ORDINANCE
Whereas, on February 20, 1991, the Council adopted the
then current County Ordinance with several modifications, 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 minor
modifications in order to clarify certain sections of the Crdinance
and to better fit the needs of the City; and
Whereas, Whereas, on November 2, 1992, the Planning
Commission recommended that the City Council make modifications to
zhe City's Zoning Ordinance in order to clarify certain sections of
the Ordinance and to better fit the needs of the City; and
Whereas, on December 16, 1992, the City Council began
public hearings on the proposed changes to the City's Zoning
Ordinance and closed the public hearing on February 24, 1993; and
Whereas, on July 24, 1993, the City Council directed
staff to have the Planning Commission nto review the City Council
proposed changes prior to bringing the Zoning Ordinance back to the
City Council for final action; and
Whereas, on September 7, 1993, the Planning Commission
concurred with the City Council modifications to the City's Zoning
Ordinance in order to clarify tho Ordinance and to better fit the
needs of the City; and
Whereas, the City Council determined that the
modifications to the City's Zoning Ordinance is categorically
exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) in
that the proposed amendments to the Zoning Ordinance does not have
the potential for causing a significant effect on the environment.
and
Whereas, the changes to the Zoning Ordinance as directed
by the City Council are 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 modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b) (3).
PPI0:11:9313:10pmA:\Z0N0RD.ORD 1
ATTACHMENT 2
SECTION 2. That the Current Zoning Ordinance No. 137 is hereby
amended as enumerated in Section 3.
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 bl- any court of competent
jurisdiction, such decision shall nor affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence., clause, phrase, part or portion thereof,
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 this ___ day of , 1993.
Paul W. Lawrason, Jr.
Mayor
ATTEST:
Lillian E. Hare
City Clerk
PP10:11:93 /3 :10pmA :\Z0N0RD.ORD 2
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October 6, 1992
Aldico Development Company
c/o Mr. David Rush and Mr. Alan Young
CB Commercial
15301 Ventura Boulevard
Suite 120
Sherman Oaks, CA 91403
Re: Aldico Property
6.3 Acres Next to 118 Freeway Off-Rarnp /Moorpark, CA
Dear David and Alan:
I As a follow -up to our recent discussions, we are sending this letter to set forth
f the salient points regarding the possible construction ind leasing of a theatre by United
Art,; sts Theatre Circ(,;f, inc., Li %l if (.OIfni IiIUll ti11U "(-'11'.1111''), tU ue locaIeu fin the
property described ahove in Moorpark, ( „)ilfCrlll,l (tf ”' ' Prl�pl rt,; ") Al(iico
Company (the "Landlord "). This letter sup! rs(ic;� in Its l'ntiwty'Iny !:nor pro, "'osdis,':.ntteri
or oral, relating to this matter. -I lie saii(,nt points dr1� Lis follov1 's.
Premises: A new, fri (: l;In(:in11 if w,itie t)Wldlrig, not sharing any party
Vail -, c''n"I "- :111((j Of Il i)r,%nllPtlt(iiV h, i 00 fU 40.000 SgUIVU tc:c I
.�Ith approxim,itely 1 ti ;;(A(?ew' -irld 'ipproxintately 2,900 se -ils.
at Tenant's discretion, ,is Ifl(I Arated on the site plan attachl;d
hereto as Exhibit A
ATTACHMENT 3
Aldico Development Company
October 6, 1992
Page 2
Parking: Landlord shall supply sufficient parking to meet local code
requirements all in compliance with the Americans with
Disabilities Act, but in no event less than one space for every
3.5 theatre seats. 1 his parking shall be reciprocal with
additional, adjacent restaurant and shop space parking, which
will include additional spaces per governmental requirements.
All parking shall be provided to Tenant, its patrons, employees
and invitees vmlwut charge to Tenant or such patrons,
t:lill)ii) }'l:ti S J rl(1 Ifl'•✓It(,t;:;.
Lease Term-. Twenty (20) ycl:r initi,ll terra, with three (3), five (5) year
options.
Minimum Rent: Upon com,3leticfi of constructiow
Years 1 -') '$5 18.00 per squJf e: toot
Years 6- 10 $20.00 per square foot
Years 1 1- I5 $22 00 tier ->(;uare foot
YeiIis I ti '0 ? 1 00 per toot
Ilf:nt shJ11 (;01,1111 w e on P w( (, )f I,ur of thl (!,llkis v hfch 1 enJnt
shall first comlm�f.c(; of a motion picture on the
I;rf:Illis(�s t:; i!il; �;•.�,:�-1.11;),)bli1:, f:I��Jr(�ing Jcinlissir.n, 0r i�0 d<3��`�
Jltt'( tI1L C�)(Ilj)�.� iit�:l Ot illy hi)Ild ( )I)t 1111 (1, a I I TE'n(3nt
improveflleflt VV° 'f,
(1 Ile r11eZZJI)IME �if(�il, ',VI IICh Ir1ClUdes projection booth ar1U
office area, is not included as rentable; space for purposes of
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 and contiguous
shall mean the same as abutting.
Access - The place or way by which pedestrians and /or vehicles shall have safe,
adequate, usable ingress and egress to a property or use.
Accessory Structure - A detached structure located upon the same lot as the building
or use to which it is accessory, and the use of which is customarily incidental,
appropriate and subordinate to the use of the principal building or to the principal
use of the lot.
Accessory Use - A use customarily incidental, appropriate and subordinate to the
principal use of land or buildings located upon the same lot.
Agriculture - Farming, including animal husoandry and the production and management
of crops (including aquatic crops) for food, fiber, fuel and ornament.
Airfields, Landing Pads and Strips - Aircraft landing strips or heliports for
agricultural crop dusting or personal use of the property owner or tenants, not
available for public use, and with no commercial operations. "Aircraft" includes
helicopters, all fixed wing airplanes, gliders, hang - gliders and ultra -light aircraft.
Alley - A thoroughfare not more than 30 feet wide, other than a public road or street,
permanently reserved as a secondary means of access to abutting property.
Amortize - To require the termination of (a nonconforming use or structure) at the end
of a specified period of time.
Amusement and Recreational Facilities - 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, 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.
Revised November 17, 1993 3
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
♦
Permuted Use
•
Planning Commission - Planned Development Permit
Q
City Council - Planned I)evelopmentPermit
O
Planning Commission - Conditional Use Permit
®
City Council - Conditional Use Permit
OS AE RA RE RO R1 R2 RPD TP 1
Agricultueand agricultural operations (no retail exceptas indicated)• -
Arimal husbandry: Without structres (1) - - -- - --
-
With stuchres: btal GFA per lot:
~
_—
Up b 1,000 sgft
♦
Over 1,000 to 6.000 sqft. - - .. - - -
♦
♦
O
Over 5.000 to 20,000 sq.ft. -- -- - -
♦
♦
O
Over 20,000 ti 100,000 sgtt
—
O
O
Over 100,000 sqft
O
O
ApicuRire• -_
Fish tarrrm
O
O
O
O
O
_
More animals than are permitted by Sec. 8107 -2 .2
O
O
O
Constractxs• service and storage yards and buildings
O
O
O
_
Crop production (1) -
♦
O
♦
O
♦
O
♦
♦
♦
♦
♦
Wholesale Nursery
O
Fk~od operations - - -- -- -- - -- - --
Greenhouse, hDthousesand the like: total GFA per lot:*
Up W 1.000 sq.ft. _
1,000 sgtt to 20,000 sgtt
♦
♦
O
20,000 b 100,000 sqft-
O
O
O
Over 100,000 sq.ft. —__ --
O
O
Raking or prelim, processing, within stuctues: total GFA per lot (2)
Up to 5,000 egtt
5,001 to 20,000 sqft. -- - --
•
•
O
-- -
20,001 b 100,000 sqft.
O
O
O
O
_
Over 100,000 sq.fL --
Timber growing and harvesting, and compatible uses
_ _
Dwellings, tarrn worker (more dun one per lot)
O
O
O
Wineries - -
Up to 2,000 sgtt structure
O
2,001 to 20,000 agIL stuchre
Over 20,000 sgft structure
O
O
ff
With public tours or tasting rooms
O
O
-
Ac_( a_ stuchres
SEE WITH STRUCTURES, ABOVE
_
To animal husbandry:
Dwelling, caretaker
O O O
O 10 10 _
O 10 10
SEE GREENHOUSE
L
_
More than one per lot
Offices _ —_ -
_ To crop production, including storage
Dwelling, farm worker: On lots of 40.rcos or rrxwre _ - -- -
On lots less than 40 acres _
- More than one per lot -- — -
Offices - - - - -- - - ..
Produce stands, retail* - - - -- - - - - - -
O_
O
O_
O
O
O
--
O
-
♦
♦
♦
♦
Accessory uses. including open storage — -- - - -- -
Fuel storage (1) -- - - - --
♦
r - --
♦
EE ANIMAL
♦
--
-- —
Insectacidesfor pest contol
_
Packing, sbrage or prelim. processing of cro_ ps Wffhou stuctue (1)
Airfields and landing pads and strips, private
C
Animals, nonagricuftural (see also Dwellings, sews y uses 8 stnx�res( --
HUSBANDRY
----
*There are specific regulations for this use; see Article 7.
(1) See also Sec 8105 -3
(2) See Arflcle 8 for parking standard.
Revised 17— Nov -93
Ordinance No.
Page 2
SECTION 2. Section 1.12.030 of Chapter 1.12 of the Moorpark
Municipal Code is hereby deleted in its entirety.
SECTION 3. If any section, sub
phrase, part or portion of this Ordinan
be invalid or unconstitutional by
jurisdiction, such decision shall not
remaining portions of this Ordinance.
that it would have adopted this Or
subsection, sentence, clause, phrase,
irrespective of the fact that any one or
sentences, clauses, phrases, parts or p
section, sentence, clause,
ce is for any reason held to
any court of competent
affect the validity of the
The City Council declares
dinance and each section,
part or portion thereof,
more section, subsections,
ortions be declared invalid
or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 5. The city clerk shall c
adoption of this ordinance; shall ente
original ordinances of said city; sha
passage and adoption thereof in the rec
the City Council at which the same is
shall, within fifteen (15) days after
thereof, cause the same to be published
Mirror, a weekly newspaper of general
Section 6008 of the Government Code, for
which is hereby designated for that pur
PASSED AND ADOPTED this
1993.
ATTEST:
Lillian E. Hare
City Clerk
ertify to the passage and
r the same in the book of
11 make a minute of the
ords of the proceedings of
passed and adopted; and
the passage and adoption
once in the Moorpark News -
circulation, as defined in
the City of Moorpark, and
pose.
day of
Mayor of the City of Moorpark, California
ATTACHMENT 2
1.08.010 -- 1.08.020
1 D. Whenever it is appropriate under the circumstanc-
es, and in the enactments of the county of Ventura which
are adopted by reference by the city, there is a reference
to the "county of Ventura," said reference shall be inter-
preted to mean the "City of Moorpark."
E. Whenever in the enactments of the county of
Ventura which are adopted by reference by Ordinance 6,
there is a reference to "board of supervisors," "planning
commission," or "planning director," such reference shall
be interpreted to mean that these agencies are acting as
agents or agencies of the city of Moorpark, until such time
as the city council has created an agent or agency(s) with-
in the city government structure to otherwise perform the
functions of the said county agency or agencies, and until
such time as said city agent or agency has commenced func-
tioning and has been directed to undertake the particular
function or functions theretofore performed by the said
county agency or agencies. (Ord. 6 §17, 1983)
Chapter 1.08
CITY SEAL
T
Sections:
1.08.010 Adoption.
1.08.020 Design.
1.08.010 Adoption. A corporate seal for the city is
adopted, the design of which seal shall be as follows in
Section 1.08.020 of this chapter. (Ord. 2 §1(part), 1983)
1.08.020 Design. The seal adopted in Section
1.08.010 of this chapter shall be generally circular in
form, and shall be not less than two inches in diameter.
At the base of the seal shall appear the words "MOORPARK,
CALIF." "Incorporated July 1, 1983." Within shall appear
the blossom of the Moorpark apricot. (Ord. 2 §1(part),
1983)
Chapter 1.12
ENFORCEMENT AND PENALTIES
Sections:
1.12.010 Violation -- Misdemeanor.
1.12.020 Aiding and abetting.
1.12.030 Prosecution of misdemeanor or infraction.
7 (Moorpark 11/91)
1.12.010 -- 1.12.040
1.12.040 Penalty for violation.
1.12.050 Fines -- Imprisonment pending payment.
1.12.060 Fines -- Failure to pay.
1.12.070 Nuisance -- Abatement.
1.12.071 Nuisance -- Abatement hearing.
1.12.080 Nuisance - -Cost recovery.
1.12.081 Nuisance -- Emergency abatement.
1.12.090 Violation of administrative provisions.
1.12.100 Citation - -When issued.
1.12.110 Citation -- Issuance.
1.12.120 Imprisonment -- Place.
1.12.130 Imprisonment -- Trusty system.
1.12.140 Imprisonment- -Labor by inmates.
1.12.010 Violation -- Misdemeanor. A. It is unlawful
for any person to violate any provision or to fail to com-
ply with any of the requirements of this code or the provi-
sions of any code adopted by the city by reference or any
provision of any ordinance of the city not included within
this code. Any person violating any of such provisions or
failing to comply with any of the mandatory requirements of
this code or any code adopted by the city by reference or
any other city ordinance shall be guilty of a misdemeanor,
unless such violation is specifically designated as consti-
tuting an infraction or a misdemeanor /infraction.
B. Each such person shall be guilty of a separate of-
fense for each and every day during any portion of which
any violation of any code adopted by the city by reference,
or of any other city ordinance is committed, continued or
permitted by such person, and may be punished accordingly.
(Ord. 28 §1(part), 1984: Ord. 2 §1(part), 1983)
1.12.020 Aiding and abetting. Whenever in this code
or the provisions of any code adopted by the city by refer-
ence or any provision of any ordinance of the city not in-
cluded within this code any act or omission is made unlaw-
ful, it shall include causing, permitting, aiding, abet-
ting, suffering or concealing the fact of such act or omis-
sion. (Ord. 28 §1(part), 1984: Ord. 2 §1(part), 1983)
1.12.030 Prosecution of misdemeanor or infraction.
Every violation of this code or the provisions of any code
adopted by the city by reference or any provision of any
ordinance of the city not included within this code desig-
nated a misdemeanor /infraction shall be a misdemeanor; pro-
vided, that where the city attorney has determined that
such action would be in the best interests of justice, the
city attorney may specify in the accusatory pleading that
the violation shall be an infraction and the violation
shall then be prosecuted as an infraction. (Ord. 28
§1(part), 1984: Ord. 2 §1(part), 1983'
1.12.040 Penalty for violation. A. Any person con-
victed of a misdemeanor, the penalty for which is not
(Moorpark 11/91) 8
1.12.050
' otherwise prescribed, shall be punished by a fine of not
more than one thousand dollars ($1,000.00) or by imprison-
ment for not more than six (6) months, or by both such fine
and imprisonment.
B. Any person convicted of an infraction, the penalty
for which is not otherwise prescribed, shall be punished
by:
1. A fine not exceeding one hundred dollars
($100.00) for the first violation;
2. A fine not exceeding two hundred dollars
($200.00) for a second violation of the same provision
within one (1) year;
3. A fine not exceeding five hundred dollars
($500.00) for each additional violation of the same provi-
sion within one (1) year. (Ord. 28 §1(part), 1984: Ord. 2
§1(part), 1983)
1.12.050 Fines -- Imprisonment pending payment. A. A
judgment that a person convicted of a misdemeanor be pun-
ished by payment of a fine, with or without other punish-
ment, may also direct that he be imprisoned in the county
jail until the fine is satisfied and may further direct
that such imprisonment begin at and continue after the
expiration of, or run concurrently with all or part of, any
imprisonment imposed as a part of the punishment. Every
such judgment shall specify the extent of the imprisonment
for nonpayment of the fine, which shall not be more than
one (1) day for each twenty dollars ($20.00) of the fine
nor exceed in any case the term for which the defendant
might be sentenced to imprisonment for the offense of which
he has been convicted. A defendant held in custody for
nonpayment of a fine shall be entitled to credit on the
fine for each day he is so held in custody at the rate
specified in the judgment. When the defendant has been
convicted of a misdemeanor, a judgment that defendant pay a
fine may also direct that he pay the fine within a limited
time or in installments on specified dates and that in de-
fault of payment as therein stipulated he be imprisoned in
the discretion of the court either until the defaulted in-
stallment is satisfied or until the fine is satisfied in
full; but unless such direction is given in the judgment,
the fine shall be payable forthwith.
B. Except as otherwise provided in case of fines im-
posed as conditions of probation, the defendant must pay
the fine to the clerk of the court, or to the judge thereof
if there is no clerk, unless the defendant is taken into
custody for nonpayment of the fine, in which event payments
made while he is in custody shall be made to the officer
who holds him in custody and all amounts so paid shall be
forthwith paid over by such officer to the court which ren-
dered the judgment. The clerk shall report to the court
every default in payment of a fine or any part thereof, or
if there is no clerk the court shall take notice of such
default. If time had been given for payment of a fine or
9 (Moorpark 11/91)