HomeMy WebLinkAboutAGENDA REPORT 1993 1201 CC REG ITEM 11LAGENDA REPORT
TO: The Honorable City Council
TT m
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.
PP11:04:9311:34pW :\CC5.XEX
c_ '
I - 2.1
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 fixed 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.
PP11:04:9311.34pmA:\CC5.M6M 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 11:34pmA:\CC5.MEm 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(B) 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, ors, 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 or within 3 feet of the side yard property lines.
Motor vehicles shall not be parked within any front or street side setback,
except that fully operative, licensed and registered vehicles may be parked
in a driveway access to the required parking or on a paved area adjacent to
the driveway, as an accessory use to the dwelling, and as an accessory use to
a dwelling, and except as provided elsewhere in this chapter. At no time may
more than 50 % of the required front setback area be covered by asphalt,
concrete, or other hardscape materials used for vehicle parking or as a
vehicle driveway. The vehicle parking or 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,
Bills, 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.
Revised November 12, 1993 44
ee. Public service buildings and uses, not otherwise listed: see Offices, not
otherwise listed.
ff. Recreational uses:
(1) Arcades: 1 parking space plus 2 bicycle rack spaces per 150 square feet
of gross floor area.
(2) Athletic fields: 1 space per 3,000 square feet of field area, plus one
space per six linear feet of seating area; minimum 20 spaces.
(3) Bowling alleys: 3 spaces per bowling lane.
(4) Camps: 1 space per every two overnight guests allowed per Sec. 8107-
17.2, plus 1 space per every three persons allowed as total daily on -site
population (Sec. 8107 - 17.3), plus 1 space per full -time employee.
(5) Campgrounds /Recreational Vehicle Parks: 1 space per campsite or table,
plus 1 space per full -time employee, plus 1 space per 25 campsites (or
fraction thereof) for guest parking to be located near the facility
office (3 guest spaces minimum).
(6) Community centers: 1 space per 100 square feet of gross floor area.
(7) Golf courses and driving ranges: 1 space per 300 square feet of building
area used for commercial purposes, plus 3 spaces per hole (golf courses)
or 1 space per tee (driving ranges).
(8) Health clubs, spas and the like: 1 space per 300 square feet of gross
floor area.
(9) Recreational Vehicle Parks: (see Campgrounds above). See also Sec.
8107 -7 for Recreational Vehicle Park Standards.
(10) Retreats: 1 space per every two overnight guests allowed per Sec. 8107-
21, plus 1 space for every three persons attending daytime activity
programs, plus 1 space per full -time employee.
(11) Skating rinks and dance halls: 1 space per 150 square feet of gross
floor area.
(12) Swimming pools, public: 1 space per 300 square feet of pool area, plus
1 space per 300 square feet of area related to the pool facilities.
(13) Tennis and racquetball courts: 2 spaces per court.
(14) Theaters, Amphitheaters, and similar spectator -type enterprises and
establishments:
i. Without fixed seats: 1 space per 21 square feet of gross floor
area.
ii. With fixed seats: 1 space per 3 i5 fixed seats.
gg. Rest and convalescent homes: 1 space for each 4 beds, plus one space for
manager or owner.
hh. Restaurants, cafes, cafeterias and similar establishments: 1 space per 100
square feet of gross floor area; the minimum, regardless of floor area, is as
follows:
(1) With public seating on the premises: minimum of 10 spaces. For
restaurants with temporary outside seating one outside seat will be
allowed per each two inside seats without a requirement for additional
parking.
(2) Without public seating on the premises (take -out or delivery only): 6
spaces.
ii. Schools (Other than public) :
Revised November 5, 1993 69
(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
off - street parking spaces {tar
the total
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 as the use it serves, unless the parking is replaced with other
spaces that satisfy the requirements of this Article; and
d. The parking lot is not located in a residential zone; and
e. The use benefitting from this off -site parking shall cease when the off -site
parking is no longer available.
Sec. 8108 -1.4.3 - Tandem Parking - Required parking may be provided in tandem only
in a parking area serving an individual mobilehome in a mobilehome park or for
churches if the approving authority allows it, provided that the tandem parking is
not more than two cars in depth and both spaces serve the same 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 for the permit, shall be deemed a minor
modification and be acted upon by the Director of Community Development or
designee through an administrative hearing process.
Sec. 8111 -7.1.3 - Major Modification - Any proposed modification which is
considered to be a substantial change in land use relative to the original
permit, and /or would alter the findings contained in the environmental
document prepared for the permit, shall be deemed a major modification and
be acted upon by the decision- making authority which approved the original
permit.
wxiC[:tQ;: ]e.f38i, 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,
CALIFOPNIA, AMENDIEG 0PTIINAN^_ i 'NO. 137 FOR THE PURPOSE OF
MAKING REVISIONS TO THE CITY'S ZONING ORDINANCE
Whereaj, 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 Ordinance
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
the 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 the 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).
PP10:11:93 /3:1OPmA:\ZONORD.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 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 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
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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- Ramp/Moorpark, CA
Dear David and Alan:
As a follow -up to our recent diSCUSSIUnS, we are sending this letter to set forth
the salient points regarding the possible construction and leasing of a theatre by United
Artists Theatre Circuit, Inc., a Maryland corporation (,the "Tenant ") to be located on the
property described above in Moorpark, California (the "Property ") by Aldico Development
Company (the "Landlord "). This letter supersedes in its entirety any prior proposals, written
or oral, relating to this matter. The saiieiit points are as follows:
Premises: A new, freestanctln j 1huatre building, riot sharing any party
,vans, ccnsistkiy o� t pi ;ximately 37,700 to 10,000 square feet
'.vith approximately 1i) ;,:rel;ns and approxul�ately 2,900 seat;,
at >^enant's cli�crelic:u, Jls lilustrated on the site plarl attached
hereto as Exhibit ;',
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. This parking shall be reciprocal with
additional, adjacent restaurant and shop space parking, which
will include additional spaces per governmental requirements.
All parking shall he provided to Tenant, its patrons, employees
and invitees v,ithout charge to Tenant or such patrons,
employees anti invitees
Lease Term: Twenty (20) y�,,x initial terra, with three (3), five (5) year
options.
Minimum Rent: Upon completion of construction:
Years 1 -5 $ 18.00 per square foot
Years 6 -10 $20.00 per square foot
Years 11 -15 $22.00 per square foot
Years 16 20 :x2.1.00 per square foot
Rent shall commence on the earlier of the dates which Tenant
shall first commence exhibition of a motion picture on the
premises to the yener:tl ptiblic, charging admission, or 60 days
after the conlo h:h(in of the build -OUt and all Tenant
irnprovemetit
( The mezzanine .,rea, Wh1uh Ir)clUdes projection booth and
Office area, is w)t ut:,kidud as rentable space for purposes of
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
ZONES
13
N
& SPECIAL PURPOSE
Permuted Use
Planning Commission — Planned Development Permit
City Council — Planned Development Permit
Planning Commission — Conditional Use Permit
City Council — Conditional Use Permit
OS AE RA RE RO R1 R2 RPD TP I
Agriculture and agricultural operations (no retail except as indicated).
Animal husbarxky: Without structres (1) - — i .a
With stuctures: btal GFA per lot-
—
Up b 1,000 s4tt _
♦
♦
♦
♦
_
Over 1,000 to 5,000 sclX
♦
♦
O
Over 5,000 b 20,000 sq.ft.
♦
♦
O
Over 20,000 1100,000 sgft. --
O
O
Over 100,000 sgtt
O
O
Apiculture* --
Fish farrtns
O 10
O
O
O
_
More animals than are permitted by Sea 8107-2.2
O
O
O
_
Constracbrs• service and sbrage yards and buildings
O
O
O
_
Crop production (1)
Wholesale Nursery
♦
♦
♦
♦
♦
♦
♦
♦
O
_
Firewood operations
Greenhouse, hothoueesand the like: total GFA per lot:*
Up to 1,000 sq.tt - --
1,000 sgtt to 20,000 sq.ft
♦
♦
O
20,000 b 100,000 sgft
O
O
O
Over 100,000 9q.ft. --
O
O
Packing or prelim, processing, within a ruct res: total GFA per lot (2)
_
Up to 5,000 agtt
5,001 to 20,000 sgft
•
O
•
10
O
O
20,001 b 100,000 sgft.
Over 100,000 sq.ft - -- —
O
Timber growing and harvesting, and compatible uses
Dwellings, fans worker (more than one per lot)
ti
10
O
Wineries
U p to 2,000 sgit struchue
2,001 to 20,000 9q.tL stucture - --
O
O
O
Over 20,000 sgft. structure
O
O
O
With public tours or tasting moms
O
O
O
Accessory siruchree
To animal husbandry:
SEE WITH STRUCTURES, ABOVE
_ _
Dwelling, carelsker
O
O
O
More than one per lot
O
O
O
0t6ces
O
O
O
_
To crop production, including storage
SEE GREENHOUSE
Dwelling, km worker: On lots of 40 acres or more
O
O
O
O
O
O
_ _ _
On lots less tan 40 acres
_ More than one per lot
O
O
O
Offices
O
O
O
Produce stands, retail* --
Accessory uses. including open sbrage --
Fuel storage (1) --
♦
♦
♦
♦
_ I rreedacides for pest contol --
♦
♦
v
Packing, sbrage or prelim. processing of crops: Withou stuctue (1) —_
♦
0
O
_
Airfields and landing pads and strips, private
_ _
Animals, nonagricultural (see also Dwellings, accessory uses & structures (1)
SEE ANIMAL HUSBANDRY
*There are specific regulations for this use: see Article 7.
(1) Seealso Sea 8105 -3
(2) See Article 8 br park ing standard.
Revised 17— Nov -93
22
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 husbandry and the production and management
of crops (including aquatic crops) for food, fiber, fuel and ornament.
Airfields, Landing ?ads and Strips - Aircraft larding 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.
term ned..by the «Director o
as: 8 :horses),,: . imd pot b ett4oct
reatedl as ai housefio1d :pets.);, or
...... ............... :
=unity Development.:
h ich
iot..tG:ex�eed a
such:<ax�ima2s ae
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