HomeMy WebLinkAboutAGENDA REPORT 2006 1011 CC SPC ITEM 05BITEM 5-b-
CITY OF MOORPARK. CALIFORNIA
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ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO:
Honorable City Council
FROM:
Barry K. Hogan, Community Development Directo
DATE:
October 6, 2006 (Special CC Meeting of 10/11/06)
SUBJECT: Consider Zoning Ordinance Amendment No. 2005 -03 — Amendments
to Chapter 17.24: Lot Area and Coverage, Setbacks, Height and
Related Provisions; Chapter 17.32: Parking, Access and
Landscaping Requirements; and Chapter 17.72: Downtown Specific
Plan Overlay Zone (SP -D), and Repealing Ordinance No. 331, a
Temporary Moratorium in the Downtown Specific Plan Overlay Zone
DISCUSSION
The City Council continued this item from its October 4, 2006 meeting, to this special
meeting, with the public hearing open. Some direction was given with respect to
parking and reciprocal access and there was some discussion regarding architecture in
the commercial area. For review of the architecture of a new building or proposed
remodel, staff would use the Guidelines established as part of the Downtown Specific
Plan. To implement the parking dictates of the Specific Plan only the parking portion of
the zoning ordinance amendments would need to be changed. To assist the Council in
its deliberations and discussions staff has provided below those references to the pages
of the proposed Zoning Ordinance Amendment contained in Exhibit 2. The suggested
changes are shown in legislative format.
17.32.025 High street area parking requirements. Commercial
development on High Street is unique within the city and its parking must
be addressed in a manner different than parking for other commercial
development. The Downtown Specific Plan establishes standards for
development which are unique to the downtown and High Street in
particular. Parking in the High Street area (from Moorpark Avenue on the
east to Spring Road on the west and Walnut Street from High Street to
Charles Street) shall meet seventy -five percent (75 %) of the required
parking pursuant to Section 17.32.010 of this chapter. In -lieu of meeting
the required parking the applicant may pay a fee to reduce the required
on -site parking to fifty percent (50 %) of the required parking pursuant to
S:\Community Development \DEV PMTS\Z 0 A\2005 \ -03 Downtown Parking, Dev Stds, SP Overlay\Agenda Rpts \cc 061011.doc
Honorable City Council
October 11, 2006
Page 2
Section 17.32.010. The fee shall be established by city council resolution
and shall be used to offset a portion of the cost required to construct
public parking facilities, including land costs, in the downtown area.
In each of the options below it should be noted that the reserved parking
would become reciprocal and available for general use after 6:00 p.m.
Option 1: This option allows for a certain number of parking spaces to be
reserved when the 75% standard is used. As more parking is provided
above the 75% level, more reserved parking is allowed. Conversely, as
less parking is provided less parking may be reserved on -site.
The driveway from High Street shall provide reciprocal vehicular access to
the parking area. All parking spaces provided above the 75% standard
may be designated as reserved parking. Reserved spaces become
reciprocal after 6:00 p.m. so that those spaces are available for off -peak
parking. Reserved parking signs shall post the time restrictions. All
signing shall be in conformance with Chapter 17.40 Siqn Regulations
Reciprocal parking spaces shall be required in accordance with the
following table.
Percentage
Percentage
of Parking
of required
Standard
Reciprocal
provided
Parkin
50
75
75
50
For example if Section 17.32.010 requires 100 parking spaces and 50
parking spaces are provided then 38 parking spaces shall be reciprocal
and 12 parking spaces may be reserved for exclusive use for the on -site
uses of the property.
Option 2: This option still allows for reservation of parking spaces but
those spaces that are reserved would be for office use only. It follows the
same principle as Option 1 which allows for more parking to be reserved
as more parking is provided.
The drivewav from High Street shall provide reciprocal vehicular access to
the parking area. All' parking spaces provided above the 75% standard
may be designated as reserved parking. Reserved spaces become
reciprocal after 6:00 p.m. so that those spaces are available for off -peak
parking. Reserved parking signs shall post the time restrictions All
��(�00 S
Honorable City Council
October 11, 2006
Page 3
signing shall be in conformance with Chapter 17.40 Sign Regulations
Reserved parking is important for many office uses, therefore property
owners may reserve office parking spaces in accordance with the
following table.
For example, if Section 17.32 010 requires 100 parking spaces and 75
parking spaces are provided then 57 parking spaces shall be reciprocal
and 18 Parking spaces may be reserved for exclusive use for the on -site
uses of the property.
Both options above allow for some parking reservation at the 75% level. This incentive
would provide more parking in the Downtown area while still allowing the property
owner to reserve some on -site parking exclusively for his /her tenants. In all cases,
reserved parking after 6 p.m. would not be allowed in order to provide the most parking
possible for night -time businesses.
PROCESSING TIME LIMITS
Time limits have been established for the processing of these amendments through the
adoption of the extension of the downtown moratorium which will expire on December 7,
2006. The following timelines have been established for action on this project:
Planning Commission Action Deadline: September 26, 2006
City Council Action Deadline First Reading: October 18, 2006
City Council Action Deadline Second Reading: November 1, 2006
If the Council approves first reading on October 4, 2006 and second reading on October
18, 2006 the ordinance would be effective on November 18, 2006 and the moratorium
would be lifted on that same date. For this Should the City Council wish more time for
the review of this Amendment it should take testimony and continue the public hearing
open to a special Council meeting or regular Council meeting in October. Second
reading of the ordinance must occur by no later than its November 1 Council meeting in
order to have the amendments effective prior to the expiration of the moratorium.
Percentage
Percentage
Percentage
of Retail
of Office
of Parking
Parkinq
Parking
Standard
required to
Allowed to
provided
be
be
Reciprocal
Reserved
50
100
50
75
75
75
For example, if Section 17.32 010 requires 100 parking spaces and 75
parking spaces are provided then 57 parking spaces shall be reciprocal
and 18 Parking spaces may be reserved for exclusive use for the on -site
uses of the property.
Both options above allow for some parking reservation at the 75% level. This incentive
would provide more parking in the Downtown area while still allowing the property
owner to reserve some on -site parking exclusively for his /her tenants. In all cases,
reserved parking after 6 p.m. would not be allowed in order to provide the most parking
possible for night -time businesses.
PROCESSING TIME LIMITS
Time limits have been established for the processing of these amendments through the
adoption of the extension of the downtown moratorium which will expire on December 7,
2006. The following timelines have been established for action on this project:
Planning Commission Action Deadline: September 26, 2006
City Council Action Deadline First Reading: October 18, 2006
City Council Action Deadline Second Reading: November 1, 2006
If the Council approves first reading on October 4, 2006 and second reading on October
18, 2006 the ordinance would be effective on November 18, 2006 and the moratorium
would be lifted on that same date. For this Should the City Council wish more time for
the review of this Amendment it should take testimony and continue the public hearing
open to a special Council meeting or regular Council meeting in October. Second
reading of the ordinance must occur by no later than its November 1 Council meeting in
order to have the amendments effective prior to the expiration of the moratorium.
Honorable City Council
October 11, 2006
Page 4
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
The Director has reviewed this project and found it to qualify for a General Rule
Exemption in accordance with Section 15061 of California Code of Regulations (CEQA
Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATION
Take testimony and direct staff as appropriate. Should the Council wish to approve the
amendments as is or with additions or deletions:
1. Introduce Ordinance No. for first reading, approving Zoning Ordinance
Amendment No. 2005 -03. Schedule second reading and adoption for October
18, 2005.
ATTACHMENT:
Ordinance No
0000.0
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT NO. 2005 -03 TO
AMEND CHAPTER 17.24: LOT AREA AND COVERAGE, SETBACKS,
HEIGHT AND RELATED PROVISIONS, CHAPTER 17.32: PARKING,
ACCESS AND LANDSCAPING REQUIREMENTS (SECTIONS
17.32.025: DOWNTOWN PARKING REQUIREMENTS AND 17.32.060:
GENERAL REQUIREMENTS OF PARKING SPACES), AND CHAPTER
17.72: DOWNTOWN SPECIFIC PLAN OVERLAY ZONE (SP -D) OF THE
MOORPARK MUNICIPAL CODE AND REPEALING ORDINANCE NO.
331, A TEMPORARY MORATORIUM IN THE DOWNTOWN SPECIFIC
PLAN OVERLAY ZONE
WHEREAS, on December 7, 2005, the City Council adopted Ordinance No. 331,
establishing a moratorium on development in non - residential zones of the Downtown
Specific Plan Overlay Zone and on decreased parking requirements in the Downtown
area which expires on December 7, 2006; and
WHEREAS, on July 2, 1996, the City Council adopted Resolution No. 96 -1209
directing the Planning Commission to study, set a public hearing, and provide a
recommendation pertaining to the examination of setbacks in the commercial, industrial
and special purpose zones; and
WHEREAS, at its meeting of June 27, 2006 and July 25, 2006, the Planning
Commission conducted a duly- noticed public hearing on Zoning Ordinance
Amendment No. 2005 -03, proposed amendments to Chapter 17.24: Lot Area and
Coverage, Setbacks, Height and Related Provisions, Chapter 17.32: Parking, Access
and Landscaping Requirements (Sections 17.32.025: Downtown Parking
Requirements and 17.32.060: General Requirements of Parking Spaces), and Chapter
17.72: Downtown Specific Plan Overlay Zone (SP -D) of the Moorpark Municipal Code,
received public testimony on the proposed amendments, and after receiving oral and
written public testimony, closed the public hearing and reached a decision,
recommending to the City Council approval of the amendments as revised; and
WHEREAS, at its meeting of September 20, 2006 and adjourned and regular
meeting of October 4, 2006 and special Council meeting of October 11, 2006, the City
Council conducted a duly- noticed public hearing on Zoning Ordinance Amendment No.
2005 -03, proposed amendments to Chapter 17.24: Lot Area and Coverage, Setbacks,
Height and Related Provisions, Chapter 17.32: Parking, Access and Landscaping
Requirements (Sections 17.32.025: Downtown Parking Requirements and 17.32.060:
General Requirements of Parking Spaces), and Chapter 17.72: Downtown Specific
Plan Overlay Zone (SP -D) of the Moorpark Municipal Code, received public testimony
on the proposed amendments, and after receiving oral and written public testimony,
closed the public hearing and reached a decision; and
CC ATTACHMENT d)G0() —IL I
Ordinance No.
Page 2
WHEREAS, the City Council concurs with the Community Development
Director's determination that this project is exempt from the provisions of the California
Environmental Quality Act by the general rule that CEQA only applies to projects that
may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds Zoning Ordinance Amendment No.
2005 -03 is consistent with the City of Moorpark General Plan.
SECTION 2. Chapter 17.24: Lot Area and Coverage, Setbacks, Height and
Related Provisions, Chapter 17.32: Parking, Access and Landscaping Requirements
(Sections 17.32.025: Downtown Parking Requirements and 17.32.060: General
Requirements of Parking Spaces), and Chapter 17.72: Downtown Specific Plan
Overlay Zone (SP -D) of the Moorpark Municipal Code are hereby amended in its
entirety as shown in Exhibits A, B and C.
SECTION 3. Ordinance No. 331, a moratorium on development in non-
residential zones of the Downtown Specific Plan Overlay Zone and on decreased
parking requirements in the Downtown area, is hereby repealed.
SECTION 4. If any section, subsection, sentence, clause, phrase, part or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective thirty (30) days after its
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
0000112
Ordinance No.
Page 3
once in the Moorpark Star a newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this day of , 2006.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Patrick Hunter, Mayor
Exhibit A: Amendments to Moorpark Municipal Code Chapter 17.24: Lot Area and
Coverage, Setbacks, Height and Related Provisions
Exhibit B: Amendments to Moorpark Municipal Code Chapter 17.32: Parking,
Access and Landscaping Requirements (Sections 17.32.025: Downtown
Parking Requirements and 17.32.060: General Requirements of Parking
Spaces)
Exhibit C: Amendments to Moorpark Municipal Code Chapter 17.72: Downtown
Specific Plan Overlay Zone (SP -D)
000613
Ordinance No.
Page 4
EXHIBIT A
AMENDMENTS TO MOORPARK MUNICIPAL CODE CHAPTER 17.24: LOT AREA
AND COVERAGE, SETBACKS, HEIGHT AND RELATED PROVISIONS
Chapter 17.24 is hereby amended in its entirety to read as follows:
17.24.010 Purpose.
The purpose of this chapter is to set forth specific development requirements for all
zones in the city in order to provide adequate separation for light, air, safety, and open
space as well as to provide an aesthetically pleasing environment in which to live, work
and recreate.
17.24.020 Open space, agriculture and residential zone development
requirements.
Table 1 below indicates the minimum development requirements for buildings and
accessory structures in the open space, agricultural and residential zones with respect
to lot area, setback, height and building coverage unless indicated otherwise.
Maximum density and minimum lot dimensions (A — D) only apply to the creation of
new lots by subdivision or the amendment of existing lots by lot line adjustment and do
not otherwise restrict the use of the lot. Lot areas and dimensions (B — D) do not apply
000014
Chapter 17.24
DEVELOPMENT REQUIREMENTS
Sections:
17.24.010
Purpose.
17.24.020
Open space, agriculture and residential zone
development requirements.
17.24.025
Open Space, Agriculture and Residential
Property development standards — Additional
requirements.
17.24.030
Open Space, Agricultural and Residential
Zones walls and fences.
17.24.035
Commercial, industrial and special purpose
zone development requirements.
17.24.040
Commercial, Industrial and Special Purpose
Zones Property development standards —
Additional requirements.
17.24.045
Accessory structures in commercial,
industrial, and special purpose zones.
17.24.050
Walls and fences in commercial, industrial and
special purpose zones.
17.24.010 Purpose.
The purpose of this chapter is to set forth specific development requirements for all
zones in the city in order to provide adequate separation for light, air, safety, and open
space as well as to provide an aesthetically pleasing environment in which to live, work
and recreate.
17.24.020 Open space, agriculture and residential zone development
requirements.
Table 1 below indicates the minimum development requirements for buildings and
accessory structures in the open space, agricultural and residential zones with respect
to lot area, setback, height and building coverage unless indicated otherwise.
Maximum density and minimum lot dimensions (A — D) only apply to the creation of
new lots by subdivision or the amendment of existing lots by lot line adjustment and do
not otherwise restrict the use of the lot. Lot areas and dimensions (B — D) do not apply
000014
Ordinance No.
Page 5
to lots created for public or public utility uses. All setbacks shall be landscaped except
for required walkways and driveways. No parking shall be permitted in any setback
area except when on a driveway or as allowed by Chapter 17.32 Parking. Additional
development requirements are given in the sections following Table 1. Development in
any of the zones shall follow the requirements of this Title including but not limited to
parking, lighting, landscaping, signing, operation and entitlement. All construction must
be performed within the hours allowed by Chapter 15.26 and Chapter 17.53.
Table 1
DEVELOPMENT REQUIREMENTS FOR O -S, A -E AND R -ZONES
General
SP,
Requirements
O -S
A -E
R -A
R -O
R -E
R -1
R -2
RPD,
TPD
A. Density — Maximum
dwelling units per gross
1 du /10
1 du /40
1.0
2.0
4.0
7.0
15.0
g y
acre'
acres
acres
permit
B. Net lot area (in
square feet unless
10 acres
40 acres
1 acre
20,000
10,000
6,225
6500
By
noted)'
permit
C. 1. Lot width (in feet)
110
110
100
80
80
60
60
By
permit
C. 2. Cul -de -sac or
odd - shaped lot width (in
30
30
30
30
30
30
30
By
feet)
permit
C. 3. Flag lot "pole"
front setback (in feet)
20
20
20
20
20
20
20
By
permit
D. Lot depth (in feet)
150
150
100
100
100
100
100
By
permit
E. Front Zyard setback,
(in feet)
20
20
20
20
20
20
20
By
permit
F. Side yard setback,
3
10
10
5
5
5
By
interior side (in feet)
5
5
permit
G. Side yard setback,
By
street side (in feet)
10
10
10
10
10
10
10
permit
H. Rear and setback
(in feet) �
15
15
15
15
15
15
15
By
permit
I. Lot coverage,
maximum (in
20
10
35
35
35
50
50
By
percentage)
permit
J. Building and
structure height,
35, with no limitation as to the number of stories so long as the height
By
maximum (in feet)
is not exceeded
permit
K. Parking shall meet the requirements of Chapter 17.32
000015
Ordinance No.
Page 6
L. Signage shall meet the requirements of Chapter 17.40
M. Lighting shall meet the requirements of Chapter 17.30
Notes: 1. Zone suffix may establish different minimum lot area
2. See Section 17.24.025D.6 for exception.
3. Two (2) story residences with windows facing the adjacent property shall have a minimum ten (10') foot side -yard
setback (second story only) and a twenty (20') foot rear yard setback (second story only) from the adjacent property line.
17.24.025 Open Space, Agriculture and Residential Property
development standards — Additional requirements.
In addition to the standards of Chapter 17.36 the following standards shall apply.
A. Required Setbacks.
1. Street Setbacks. Street setbacks shall be measured from the ultimate street right -
of -way or the maximum required street width if said street is proposed to be private or
is now a private street.
2. Curved Street Setbacks. Each lot or parcel on a cul -de -sac, curved street or
dead -end street shall meet the minimum lot width requirement at the required front
setback of the zone. The setback is measured along the perpendicular taken from the
front radiused property line (see example below)
PROPERTY LINE
Ole
I
I
MINIMUM
FRONT YARD
:,r+.. -•` j ' -� , SETBACK i
3. Flag Lots. Flag lots shall meet the minimum setback and lot dimension
requirements in the "flag" portion of the lot. The flag "pole" portion of a flag lot shall not
be counted toward the minimum lot area requirement.
Ordinance No.
Page 7
LOTOPTH
3 'RAW
o�
4- 0 400.i.i.r • 4M�. �
4. Existing Setbacks. Where a portion of a residential building is nonconforming in
terms of current rear yard and /or side yard setbacks, the existing distance from the side
or rear lot line established by the nonconforming portion of the building shall be used
as the required setback distance for any additions to that building in the side yard and
rear yard areas.
5. Irregularly Shaped Lots. In situations where a single - family residential lot is so
irregular, as to prohibit or unduly restrict the construction of a single - family home, within
the required setbacks noted in this title, the Community Development Director shall
have the authority to alter the setback locations, i.e., front, side and rear yards, to
enable the property owner to enjoy the same privileges as those enjoyed by other
property owners in the same area.
6. Side Entry Carports and Garages. In the R -1 and R -2 zones, front setbacks for
side entry carports or garages shall be a minimum of fifteen (15') feet from the front
property line.
7. Accessory Structures. Accessory buildings and /or structures shall meet all of the
requirements for location of the main structure as constructed or required by the zone,
whichever is less restrictive; except as provided in this subsection:
a. A detached accessory structure shall meet the setback requirements of the
main building for the front and street side yard areas.
b. A detached accessory structure may be located within an interior side yard or
rear yard provided that such structure is located no closer than three (3') feet to an
interior side or rear lot line and is at least six (6') feet from the main structure unless
additional fire resistive construction is provided in accordance with Chapter 15.04,
Building Code. One -story detached accessory buildings used as tool and storage
sheds, playhouses and similar uses, provided the projected roof area does not exceed
120 square feet may be located anywhere on a single - family residential lot, except
1 00C?i'7
Ordinance No.
Page 8
within the front and street side yard areas, provided the eaves do not over -hang
adjacent property.
c. Swimming pools and spas, including diving boards and slides and similar
devices, shall be located a minimum of three (3) feet from the main structure, within
five (5) feet of the rear and side property lines and shall comply with all fencing
requirements of Chapter 15.04, Building Code and Section 17.24.030. In no instance
shall swimming pools and spas be permitted within the required front yard setback.
d. Canopies, patios and breezeways attached to the main building or connecting
the main building with a detached accessory building, may extend into a required rear
or interior side yard; provided, that portions of such structures extending into the yard:
i. Shall not exceed fifteen (15') feet in height or project closer than five (5) feet
to an interior side yard or closer than ten (10') feet at the rear lot line;
ii. Shall be entirely open on at least three sides for patios and canopies except
for necessary supporting columns. A roof connecting a main building and an accessory
building shall be open on two sides.
e. Architectural features, including but not limited to covered porches, steps,
eaves, awnings, chimneys, balconies, stairways, wing walls and bay windows, may
project not more than two and one -half (2 W) feet into any required front yard area, not
more than four (4') feet into any required rear yard area, and not more than two (2) feet
into any required side yard setback area.
f. Outdoor fireplaces must be at least ten (10') feet from the main structure and
three (3) feet from interior side and rear property lines.
g. Heating and cooling and other mechanical equipment, including pool
equipment and necessary appurtenances shall be a minimum of three (3') feet from
any side or rear lot line, not be visible from the street, and be enclosed by a minimum
four (4) foot high masonry wall except on the side where access is provided or abuts a
structure.
h. Uncovered porches, platforms, or landings that do not extend above the floor
level of the first floor of the main structure may extend into required setback areas not
more than six (6') feet.
i. Safety guard railings required for stairs, landings, porches, and depressed
ramps may encroach into front, side or rear setback areas, provided they are open and
do not exceed forty -two (42 ") inches in height.
j. Decks on the second floor of a home shall be at least ten (10') feet from the
rear and side property lines. The color and the materials of the second story deck shall
complement those of the main structure.
k. A flagpole not exceeding twenty -five (25') feet in height may be located in the
front or rear yard setback area so long as it is at least ten (10) feet from the front or
rear property line and does not encroach into the required side yard or street side yard
setback area. Flag size restrictions shall comply with the requirements of Section
17.40.020 under the definition of "signs" item "i ".
B. Lot Coverage. Lot coverage shall include all buildings, carports, structures and
accessory buildings, except that patios, patio covers that are open on no less than
three sides, pools, spas, and freestanding open air gazebos shall not be counted as lot
coverage.
000018
Ordinance No.
Page 9
C. Miscellaneous.
1. Utility Connections. All utility connections shall be designed to coordinate with the
architectural elements of the site so as not to be exposed except where necessary.
Pad - mounted transformers and /or meter box locations shall be included in the site plan
with screening treatment approved by the Director.
2. Floodplain. All development in the floodplain shall be in accordance with the
National Flood Insurance requirements and Chapter 15.24 of the Moorpark Municipal
Code.
3. Architectural Appurtenances. Steeples, institutional symbols, bell towers, clock
towers or other similar architectural appurtenances on institutional buildings in the
agricultural, open space, and residential zones may exceed the maximum height of
thirty -five (35') feet. Proposals for such appurtenances, however, shall be evaluated on
a case -by -case basis in conjunction with the required permit for the proposed use so
that architectural compatibility and appropriate building scale for the neighborhood is
achieved and maintained.
4. Garage Conversions. Conversions of existing garages into habitable space is
permitted only when replaced with the equivalent covered parking as required by
Chapter 17.32 Parking, Access and Landscaping Requirements or such that was
provided at the time the dwelling was constructed, whichever is less.
5. 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 forty (40') feet.
Ground - mounted antennas may be erected above the height limit of forty (40') feet,
under the permit prescribed by this Title, provided that no antenna or mast shall exceed
seventy -five (75') feet in height, and the design of such antennas shall be in
accordance with Section 17.28.020(A).
6. Street Improvements. No development shall occur on any property unless all
street frontages that the property abuts or is adjacent to are fully improved according to
adopted City standards and consistent with the Moorpark General Plan.
17.24.030 Open Space, Agricultural and Residential Zones walls and
fences.
Requirements for walls and fences in open space, agricultural and residential zones
shall be as follows:
A. A wall, fence, retaining wall or any combination thereof, shall not exceed six (6) feet
in height except as herein provided. When a retaining wall is used to increase usable
lot area, the sum total of any combination of fence or wall and retaining wall shall not
exceed six (6) feet in height, unless a five (5') foot landscape area is provided between
the retaining wall and the fence or wall. When the five (5') foot landscape area is
provided, each individual fence or wall or retaining wall shall not exceed six (6) feet in
height (see below).
000019
Ordinance No.
Page 10
S'
.fir,. H-
11
■
■
r
B. Where there is a grade difference between two (2) properties that share a common
property line fence /wall, the fence /wall height shall be measured from the highest finish
grade, provided that the distance from the lower grade to the top of the fence shall not
exceed ten (10') feet. Where the height of ten (10') feet would be exceeded, the
requirements of section 17.24.030A shall be met.
C. Fences and walls may be allowed in required front yard area up to six (6') feet in
height; however, the last two (3') feet of the fence or wall shall be constructed of
visually open and decorative fencing (at least 75% open, see below), unless the wall is
a retaining wall or additional height is approved for noise attenuation purposes.
3. OPEN FENCING
3 � SGLID FEFICINt'
I 1 1 111
STREET
D. Within the R -1 and R -2 areas of the Downtown Specific Plan and in the area north of
Los Angeles Avenue between Moorpark Avenue and Spring Road south of High Street,
fences and walls may be allowed in the required front yard setback area up to six (6')
feet in height; however, the last two (2') feet of the fence or wall shall be constructed of
visually open and decorative fencing (at least 75% open, see below), unless the wall is
a retaining wall or additional height is approved for noise attenuation purposes.
Ordinance No.
Page 11
yw +yip ,
It Y '+ �( (. I 2 OPEN FENC IN,
I 4 � SOLID FENCING
STREET
E. A solid wall or fence not more than six (6') feet in height may be maintained along
the interior side or rear lot lines, provided, that such wall or fence does not extend into
a required front yard except for noise attenuation as required by the City and as
provided in this Chapter.
F. A wall or fence adjacent to a driveway or street providing vehicular access to an
abutting lot or street shall not exceed three (3') feet in height within fifteen (15') feet of
the intersection of the driveway and the street right -of -way and /or shall comply with
Caltrans design standards for site visibility as adopted by the City. Final determination
shall be by the Community Development Director. Corner cut -offs may be required for
safety and visibility (see example below).
IGHT
'RIANGLE
TREET
G. Walls and fences in street yard frontages or visible from the street shall be
constructed out of durable, substantial, and decorative matierials. Fiberglass sheeting,
bamboo sheeting and other similar non - durable materials are not permitted for fencing
in street yard frontages. Plain concrete materials are also not permitted for walls in
street yard frontages or visible from the street.
H. A wall or fence up to ten (10') feet in height may be allowed by the Community
Development Director where necessary for noise attenuation from arterial streets or
other noise sources. Chainlink or similar material fencing up to twelve (12') feet high,
00,0021
Ordinance No.
Page 12
with windscreening shall be permitted for tennis /recreation courts so long as such
fencing is located outside the required front, side and rear setbacks of the zone in
which it is located.
I. Use of barbed wire strands, razor wire, or concertina wire (coiled barbed wire) is
prohibited in the Open Space, Agricultural, and Residential zones.
J. With the approval of an Administrative Permit, walls or fences located along the rear
or street side property lines, which are adjacent to an arterial or collector road, may be
allowed to increase the visual wall /fence height up to an additional two (2') feet through
the construction of a durable metal open trellis, so that vines may be planted
throughout the trellis. The trellis construction must meet city standards for
construction.
K. All fences and walls (including retaining walls) shall be constructed of new or good
used material and in accordance with the methods of construction which conform to the
requirements of Chapter 15.08, Building Code. Additionally, they shall be maintained in
a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls
shall be repaired or removed.
17.24.035 Commercial, industrial and special purpose zone development
requirements.
Table 1 below indicates the minimum development requirements for buildings and
accessory structures in the commercial, industrial and special purpose zones with
respect to lot area, setback, height and building coverage unless indicated otherwise.
Minimum lot area (B) only applies to the creation of new lots by subdivision or the
amendment of existing lots by lot line adjustment and does not otherwise restrict the
use of the lot. Minimum lot area (B) also does not apply to lots created for public or
public utility uses. All setbacks shall be landscaped except for required walkways and
driveways. No parking shall be permitted in any setback area except when on a
driveway. Additional development requirements are given in the sections following the
Table 1. Development in any of the zones shall follow the requirements of this Title
including, but not limited to parking, lighting, landscaping, signing, operation and
entitlement. All construction must be performed within the hours allowed by Chapter
15.26 and Chapter 17.53.
Table 1
DEVELOPMENT REQUIREMENTS FOR COMMERCIAL,
mint I .qTRIAI ANn CPFriAi P1 7nnicc
General
Requirements
C -O
C -1
C -OT
C2, CPD
M -1
M -2
P -C
A. Floor Area
Ratio, maximum
(the ratio of gross floor
0.50
0.25
0.38
0.252
0.38
0.38
By
By
area to the gross
permit
permit
project site)
i � � _ 0 V 2, 2
Ordinance No.
Page 13
B. Lot area (in
square feet)
None
None
None
None
10,000
10,000.
100
acres
By
permit
20 except
20 except
20 except
20, except
20, except
when next
when next
when next
when next to
when next to
C. Front yard
�
toa4or6
toa4or6
0
toa4or6
or across the
or across the
By
By
setback'(in feet)
lane road,
lane road,
lane road,
street from R
street from R
permit
permit
then 30
then 30
then 30
zone, then
zone, then
30
30
D. Interior side
5 except
5 except
yard setback (in
5
5
0
5
when next to
when next to
By
By
feet)
R zone, then
R zone, then
permit
permit
by permit
by permit
5 except
5 except
5 except
5 except
5 except
E. Street side yard
when next
when next
when next
when next to
when next to
By
By
setback ( in feet )
to a 4 or 6
to a 4 or 6
5
to a 4 or 6
R zone, then
R zone, then
permit
permit
lane road,
lane road,
lane road,
then 10
then 10
then 10
by permit
by permit
10 unless
10 unless
10 unless
10 unless
10 unless
10 unless
F. Rear yard
next to C
next to C
next to C
next to C
next to C or
next to C or
By
By
setback (in feet)
or M zone,
or M zone,
or M zone,
or M zone,
M zone, then
M zone, then
permit
permit
then 0
then 0
then 0
then 0
0
0
G. Building and
structure height,
25
35
35
By permit
30
30
By
By
maximum3 (in feet)
permit
permit
H. Parking shall meet the requirements of Chapter 17.32
I. Signage shall meet the requirements of Chapter 17.40
J. Lighting shall meet the requirements of Chapter 17.30
Notes
1. Measurement of setbacks shall be from the ultimate right -of -way of streets as shown on the adopted
Circulation Element Map of the Moorpark General Plan or in the case of a roadway not shown on the
Circulation Element Map, the measurement shall be from the edge of the right -of -way required by the City.
Public or private alleys shall not be counted as part of the required setback.
2. Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as
identified in the Circulation Element and that are not adjacent to planned residential uses may be developed
with retail furniture or appliance stores with attached distribution /warehouse facilities at a maximum 0.38 FAR
when all other standards of the Zoning Ordinance are met.
3. Height may be increased (to maximum 60') with approval of a conditional use permit.
17.24.040 Commercial, Industrial and Special Purpose Zones Property
development standards — Additional requirements.
In addition to the standards of Chapter 17.36 the following standards shall apply.
A. Vehicular Access. Each building site shall have a minimum twenty -five (25') foot
wide vehicular access to a public street.
B. Setbacks Adjacent to R Zone. Wherever a lot in the commercial or industrial zone
abuts a lot in any residential zone, the minimum setback may be increased by the
approving authority in situations where, in the opinion of the approving authority,
additional distance would help to mitigate or alleviate potential problems or hazards.
f ) 0 0 V'�Z,3
Ordinance No.
Page 14
C. Floodplain. All development in the floodplain shall be in accordance with the
National Flood Insurance requirements and Chapter 15.24 of the Moorpark Municipal
Code.
D. Architectural Appurtenances. Clocks, tower elements, and similar ornamental design
elements on structures, may exceed the maximum height of thirty -five (35') feet,
provided the additional height does not create additional floor area. Proposals for such
appurtenances, however, shall be evaluated through the entitlement review application
process on a case -by -case basis so that architectural compatibility and appropriate
building scale are achieved and maintained.
E. Landscaping. All planting and irrigation shall be in accordance with the City's
Landscape Manual. All required landscaping shall be permanently maintained in a
healthy and thriving condition, free from weeds, trash and debris.
F. Masonry Walls and Landscape Screens. Where a commercial or industrial
development abuts property in any residential zone, a masonry wall or equivalent noise
attenuation structure, a minimum of eight (8) feet in height from the highest finished
grade at the property line shall be erected and maintained between such uses and the
residential zone. In addition, 15- gallon or larger trees, no less than twenty (20') feet on-
center, and shrubbery shall be installed and maintained along the project side of the
wall in a minimum five (5) foot wide, raised landscaped planter to provide a dense
landscape screen.
G. Mechanical Equipment — Screening. All mechanical equipment shall be
architecturally screened from view. When ground- mounted mechanical equipment is
used including, but not limited to heating and air conditioning units, such equipment
shall be completely screened from surrounding properties by use of a wall or fence or
shall be enclosed within a building. Structural and design plans for any required
screening under the provisions of this section shall be approved by the Community
Development Director and Building Official.
H. Roof Appurtenances — Screening. All roof appurtenances including, but not limited
to, air conditioning units, roof access ladders, and mechanical equipment shall be --
located below the lowest roof parapet that exists on the building to ensure that it is fully
screened from view from on -site parking areas, adjacent public streets and adjacent
residentially zoned property.
I. Reciprocal Ingress, Egress, Parking and Drainage. Reciprocal ingress, egress,
circulation, parking and drainage arrangements shall be required to facilitate the ease
of vehicular movement between adjoining properties as well as drainage.
J. Testing. Whenever there is a question of conformance with a performance standard
of this section or a condition of approval of the project, the Community Development
Director shall require the property owner or operator to engage the services of a City
approved testing firm. Copies of all such tests shall be furnished to the Community
Development Director.
K. In all commercial and industrial zones the conversion of the project to condominium
ownership shall meet all requirements of the zone to the maximum extent possible
within the constraints of the existing development. In no case shall the requirements of
the Fire Code, sign ordinance, and screening standards of Section 17.24.040 be
waived.
i)ts0 4
Ordinance No.
Page 15
L. No outdoor paging systems or telephone bells or similar devices shall be used on
commercial or industrial properties which abut or are across the street from
residentially zoned properties.
M. Street Improvements. No development shall occur on any property unless all street
frontages that the property abuts or is adjacent to are fully improved according to
adopted City street standards and consistent with the Moorpark General Plan.
17.24.045 Accessory structures in commercial, industrial, and special
purpose zones.
Accessory structures in commercial, industrial and special purpose zones shall be as
follows:
A. Accessory structures shall not be located in front of or on the street side of the main
building(s).
B. Accessory structures shall meet all of the setback requirements for main buildings.
C. Porches, steps, architectural features such as canopies or eaves, and chimneys,
balconies or stairways may project not more than two and one -half (2 Y2') feet into any
required front yard area, not more than four (4') feet into any required rear yard area,
and not more than two (2') feet into any required side yard setback area.
D. Outdoor swimming pools and spas shall be located a minimum of three (3') feet from
the main structure. Exterior or interior walls and shall comply with all fencing
requirements of Chapter 15.08, Building Code and the requirements of Section
17.24.050.
17.24.050 Walls and fences in commercial, industrial and special
purpose zones.
Wall and fence requirements in commercial, industrial and special purpose zones shall
be as follows:
A. In any required front or street side yard area, a wall or fence shall not exceed three
(3') feet in height. In the required front or exterior side yard, where a retaining wall is
used to increase usable lot area, a fence or wall not exceeding three (3') feet in height
may also be erected; provided, that the fence or wall is set back a minimum of five (5')
feet from the retaining wall.
B. In any required rear or interior side yard area, a wall or fence shall not exceed eight
(8') feet in height except in those instances where there is a grade difference or a noise
attenuation requirement. When a retaining wall is used to increase usable lot area, the
sum total of any combination of fence or wall and retaining wall shall not exceed ten
(10') feet in height, unless a five (5') foot landscape area is provided between the
retaining wall and the fence or wall.
C. A wall or fence adjacent to a driveway or street providing vehicular access to an
abutting lot or street shall not exceed three (3') feet in height within fifteen (15') feet of
the intersection of the driveway and the street right -of -way and /or shall comply with
Caltrans's design standards for site visibility. Final height determination shall be by the
Ordinance No.
Page 16
Community Development Director. Corner cut -offs may be required for safety and
visibility (see example below).
IGHT
'RIANGLE
TREET
D. Walls and fences in street yard frontages or visible from the street shall be
constructed out of durable, substantial, and decorative matierials. Fiberglass sheeting,
bamboo sheeting or other similar non - durable materials are not permitted for fencing in
street yard frontages. Plain concrete materials are also not permitted for walls in street
yard frontagesor visible from the street.
E. Where there is a grade difference between two (2) properties the fence /wall height
shall be measured from the highest finish grade, provided that the distance from the
lower grade to the top of the fence shall not exceed ten (10') feet. Where the height of
ten (10') feet would be exceeded the requirements of section 17.24.050A shall be met.
F. All fences and walls (including retaining walls) shall be constructed of new or good
used material and in accordance with the methods of construction which conform to the
requirements of Chapter 15.08, Building Code. Additionally, they shall be maintained in
a state of good repair. Any dilapidated, dangerous or unsightly fences or retaining walls
shall be repaired or removed.
G. Barbed Wire Strands, Razor Wire or Concertina Wire (coiled barbed wire). Use of
barbed wire strands, razor wire or concertina wire shall not be visible from a public
street and shall meet the following requirements:
1. Such fencing shall only be permitted on industrially zoned property that is not
adjacent to or across the street from R zoned property, or a school, and where a
finding can be made that use of such fencing material is required to protect the public
health, safety and welfare.
2. If approved, such fencing material shall be placed at the top of a wall or fence,
shall have a minimum vertical clearance of six (6) feet above grade, and shall be
maintained in a safe condition.
3. In no case shall such fencing be permitted along Los Angeles Avenue, Gabbert
Road and Poindexter Avenue.
4. Barbed wire or any other type of wire fencing shall not be kept in an unsafe,
abandoned or materially dangerous condition. Unmaintained wire fencing, including but
not limited to, barbed wire, razor wire and concertina wire (coiled barbed wire), is
declared to be a public nuisance and shall be subject to the nuisance abatement
procedure, Chapter 17.56.
Ordinance No.
Page 17
5. Razor wire or concertina wire shall not be placed on the rooftop of any building.
s000so'7
Ordinance No.
Page 18
EXHIBIT B
AMENDMENTS TO MOORPARK MUNICIPAL CODE CHAPTER 17.32:
PARKING, ACCESS AND LANDSCAPING REQUIREMENTS
Sections 17.32.025 and 17.32.060(D) and (E) are hereby amended in their
entirety to read as follows:
17.32.025 High street area parking requirements.
Commercial development on High Street is unique within the city and its parking must
be addressed in a manner different than parking for other commercial development.
The Downtown Specific Plan establishes standards for development which are unique
to the downtown and High Street in particular. Parking in the High Street area (from
Moorpark Avenue on the east to Spring Road on the west and Walnut Street from High
Street to Charles Street) shall meet three - quarters of the required parking pursuant to
Section 17.32.010 of this chapter. In -lieu of meeting the required parking, the applicant
may pay a fee to reduce the required on -site parking to one -half of the required parking
pursuant to Section 17.32.010. The fee shall be established by city council resolution
and shall be used to offset a portion of the cost required to construct public parking
facilities in the downtown area.
17.32.060 General requirements of parking spaces.
(Amendments to Subsections D and E only)
D. Parking in residential setbacks. Parking within setback areas in open space,
agricultural and residential zones shall meet the requirements of Section 17.32.010 and
the following:
1. Operable Motor Vehicles. Motor vehicles parked within any required front, rear or
side setback must be fully operative, licensed and registered vehicles. Such vehicles
may only be parked within the driveway access to the required parking or on a paved
area (asphalt, concrete, or other hardscape materials) adjacent to the driveway, as an
accessory use to a dwelling. Any additional paved area for parking purposes may not
exceed fifty percent (50 %) of the area covered by the existing driveway and not exceed
thirty (30') feet in total width. The vehicle parking or driveway area must be connected
to a city approved access and driveway.
2. Recreation Vehicle Parking.
a. If a recreation vehicle is used for everyday transportation of the resident, it
shall meet the requirements of Section 17.32.060D.1.
b. Parking of a trailer, boat or other similar recreational vehicle is only allowed
when parked on a paved surface in the side yard or rear yard, but not in a street side
yard or street rear yard.
c. Parking of such vehicles shall be adjacent to the dwelling or garage and shall
be at least ten (10') feet from the face of curb.
000(e 8
Ordinance No.
Page 19
d. If the vehicle is parked in the rear yard, it shall be at least ten (10') feet from
the rear property line and at least three (3') from the side property lines.
e. In all cases, the vehicle(s) shall be screened from view from the street by a
six (6') foot high opaque decorative gate.
f. Additional limitations for on- street parking are required by Section 10.04.220.
3. Commercial Vehicles in Residential Areas. Parking of commercial vehicles in
residential areas shall meet the requirements of Section 10.04.300.
4. Accessory Parking and Storage of Large Vehicles. Residential, agricultural or
open space zoned lots shall not be used for the accessory parking or storage of
vehicles which are designed to carry more than a three - quarter ton load and which are
used for shipping or the delivery of freight and products.
E. Residential Access. Access to parking spaces for dwellings shall be at least ten (10')
feet wide throughout and paved with a minimum of two and one -half (2Y2 ") 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. Driveways serving more
than two (2) dwelling units shall be at least eighteen (18') feet wide.
f�13i)((.?9
Ordinance No.
Page 20
EXHIBIT C
AMENDMENTS TO MOORPARK MUNICIPAL CODE CHAPTER 17.72:
DOWNTOWN SPECIFIC PLAN OVERLAY ZONE (SP -D)
Chapter 17.72 is hereby amended in its entirety to read as follows:
Chapter 17.72
DOWNTOWN SPECIFIC PLAN OVERLAY ZONE (SP -D)
Sections:
17.72.010 Purpose.
17.72.020 General provisions.
17.72.030 Entitlement process and procedures.
17.72.040 Development standards and guidelines.
17.72.010 Purpose.
The purpose of this overlay zone is to identify properties which are part of the
Downtown Specific Plan and set forth development standards and guidelines for public
and private development and redevelopment of existing and new residential,
commercial and industrial development in downtown Moorpark.
17.72.020 General provisions.
All provisions of the Downtown Specific Plan shall apply to the development and use of
the properties within the Downtown Specific Plan Overlay Zone. Those provisions
shall be supplemental to the regulations of the underlying zone. In such cases where
the specific plan development standards and the standards for the underlying zone
conflict, the specific plan development standards shall apply.
17.72.030 Entitlement process and procedures.
Requirements for development within the Downtown Specific Plan Overlay Zone shall
comply with the requirements of Chapter 17.44, Entitlement — Process and Procedures
and with the Development Standards and Guidelines of the Downtown Specific Plan as
adopted by City Council Resolution.
17.72.040 Development standards and guidelines.
The development standards and guidelines for the construction, reconstruction,
renovation and remodeling of existing and /or proposed buildings in the Downtown
Specific Plan Overlay Zone shall adhere to the requirements and guidelines contained
in the Downtown Specific Plan as adopted by the City Council.
-End -