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HomeMy WebLinkAboutAGENDA REPORT 1996 0821 CC REG ITEM 10AAGENDA REPORT City of Moorpark , �!.t To: The Honorable City Council n`' From: Nelson Miller, Director of Community Developme�t6 Prepared by Craig Malin, Assistant Planner Go Date: August 6, 1996 (CC meeting 8/21/96) Subject: Appeal No. 96 -3 (Sessler Et Al) , appeal of Planning Commissions approval of Appeal 96 -2 Appeal Director of Community Development's determination that a pawnshop is not an equivalent use in the General Commercial (C -2) zone. On June 13, 1996, Linda Waynert filed an application for a Zone Clearance (Exhibit 3)for occupancy of 95 E. High Street (formerly Simi Valley Bank) as a pawnshop. This application was denied by the Community Development Director on July 3, 1996, based on the determination that a pawnshop was not an equivalent use in the General Commercial (C -2) zone. An Appeal of this decision, stating the applicant's reasons and concerns, was filed on July 8, 1996 (Exhibit 1) by Linda Waynert. On July 22, 1996, the Planning Commission approved Appeal 96 -2, determining that pawnshops were an equivalent use to the permitted uses in General Commercial (C -2, CPD) Zones. On August 2, 1996, prior to the expiration of the 16 day appeal period, Appeal No. 96 -3 was filed seeking to overturn the action of the Planning Commission. Section 17.20.060 (Exhibit 8) lists the permitted uses in the commercial and industrial zones. A pawnshop is not among the uses listed as being permitted. Any use not contained in the chart is not permitted (Section 17.20.020 G of the Zoning Code, Exhibit 6). 1111 The Honorable City Council August 21, 1996 Page 2 Section 17.20.060 does contain a listing for "Retail Trade ", which was reviewed. However, the definition of retail trade (Section 17.08.010, Exhibit 5) does not include pawnshops, or similar types of uses. No other definition in this section refers to pawnshops. Section 17.20.030 (Exhibit 7)of the Zoning Code also addresses uses within the City. This section covers uses which are not identified in the code. In this event, the Community Development Director is authorized to review the proposed use and determine, based upon the characteristics of the use, if the proposed use is equivalent to any of the uses listed in the code. Staff reviewed the characteristics of the proposal and determined that a pawnshop is not an equivalent use to any of the uses listed. Pawnshops have unique operating features which render them a type of use which does not match any listed allowed use or their intent. Appeal 96 -3 was filed on August 2, 1996 by Rick Borquez, Joy Cummings, J. Luis Martinez and Anna Bell Sessler. The reasons stated by the applicants as the basis for their appeal are as follows: A pawnshop is not a financial institution, does not fit the "character" of High Street, was not an allowed use in the previous proposed Downtown Plan, is not a permitted use in the code, and the desire for additional public input. The City is currently studying and preparing a Specific Plan for the downtown area. An important part of this planning effort is to establish an atmosphere and character for the downtown area which will foster additional development and attract other businesses. Development of such character is very much a focus of the Specific Plan effort. Denial of this Appeal (upholding the Commission's action to approve the pawnshop) would set the precedent to allow pawnshops as an allowed use in all C -2 (General Commercial) and C- P-D (Commercial Planned Development) Zones throughout the City, as well as the Downtown area. At the meeting of July 22, 1996, the Planning Commission reviewed the staff report and the public testimony and determined that pawnshops should be determined as equivalent to permitted uses, since they combined elements of retail trade and banks and related financial offices and institutions. 1111:• The Honorable City Council August 21, 1996 Page 3 Direct Staff as Deemed Appropriate Exhibits 1) Appeal 96 -3 application 2) Appeal 96 -2 Staff Report 3) Appeal 96 -2 application 4) Zoning Clearance application 5) Section 17.08.010 (Definitions) 6) Section 17.20.020 G(Permitted uses) 7) Section 17.20.030(Uses not Listed) 8) Section 17.20.060 (Permitted uses in Commercial Zone) 9) Zoning and location map CC: AP 96 -3 File CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 805/529 -6864 APPEAL FORM MUST BE FILED WITHIN 15 DAYS OF THE DECISION (Effective .rune 6, 1992) To: City Council Planning Commission Date: - " I hereby appeal the decision of the �l�h/1 r, / g n which was given on ( f� WAV/ 9-��0� ,� —l��r The decision was as follows: The grounds of appeal are: (attach additional sheets as needed) I request that the appropriate decision making body take the following action: / s 1 . Name of Appellant: Address of Appellant: Telephone Number of Appellant: .S J q Is the appellant a party in the application? ` If not, state basis for filling appeal as an "aggrieved person." Signature of Appellant:�� Y� CRS- 01- 14- 92(9:34am)C: \WP51 \FORMS \APPEAL Date: J99 v < EXH I BIT=. Td p !ans ion FIh / d e- c h a T: `,.1 e k d s d apr QIc Adr ly d ll* e d Cl ��e d lea b 'e- h •e d 1Lo j•CanSldtr.a- 7—Ioh pti ids Thy u cono h?ic '- Q 9r�s'S 1 r L4 117 " - 0- vfft << C c ( � - -) - l !- s �c-1 /nr--c" Ca, PAS ROM AP li- a A"U ATI OO E / fn v�0 7o cc/n/ C° NCO DW'67 7TqliF7— S7o,P�s. Q�iAIESS /t/C<cro 741, - � 4lE,c,ey � �-%l0 74 / Z . r l i _�[ "�'� Ira (/VL� ._..i _/ '/ `��" C_ �-- - /t��•'i.f.- �. l•" � .{ � I-- ` k' 512 Pavviduoket I I REDIAT E AH LA N. Udd Over Months With lo. ayrnents*.": • Quick & Easy Loans on Autos, Jewelry, Equipment & Anything of Value "N" • Borrow S5 to S300,000 in Minutes • Open 7 Dav4, with Long Hours 's i, -REI"I ,"HARGES ULLAI N A(00-19 ITEM AGENDA REPORT City of Moorpark To: The Planning Commission From: Nelson Miller, Director of Community Developmer��� Prepar "ed' by Craig Malin, Assistant Plannerl�,�n Date: July 12, 1996 (PC meeting 7/22/96) Subject: Appeal No. 96 -2 ( Waynert), appeal of Director of Community Development's determination that a pawnshop is not an equivalent use in the General Commercial (C -2) zone. �5 • �• On June 13, 1996, Linda Waynert filed an application for a Zone Clearance (Exhibit 2)for occupancy of 95 E. High Street (formerly Simi Valley Bank) as a pawnshop. This application was denied by the Community Development Director on July 3, 1996, based on the determination that a pawnshop was not an equivalent use in the General Commercial (C -2) zone. An appeal of this decision, stating the applicant's reasons and concerns, was filed on July 8, 1996 (Exhibit 1) . Discussion Section 17.20.060 (Exhibit 6) lists the permitted uses in the commercial and industrial zones. A pawnshop is not among the uses listed as-being permitted. Any use not contained in the chart is not permitted (Section 17.20.020 G of the Zoning Code, Exhibit 4) . Section 17.20.060 does contain a listing for "Retail Trade ", which was reviewed. However, the definition of retail trade (Section 17.08.010, Exhibit 3) does not include pawnshops, or similar types of uses. No other definition in this section refers to pawnshops. Section 17.20.030 (Exhibit 5)of the Zoning Code also addresses uses within the City. This particular section covers uses which are not identified in the code. In this event, the Community Development EXHIBIT v u�o90 The Planning Commission July 12, 1996 Page 2 Director is authorized to review the proposed use and determine, based upon the characteristics of the use, if the proposed use is equivalent to any of the uses listed in the code. Staff has reviewed the characteristics of the proposal and has determined that a pawnshop is not an equivalent use to any of the uses listed. Pawnshops have unique operating features, such as storage of products, disbursement and collection of both funds and property, and additional licensing requirements, which render pawnshops a type of use which does not matches any listed allowed use or their intent. This proposal has been reviewed by the Director of Community Development who denied the Zone Clearance application on- July 3, 1996 in accordance with Section 17.44.030B of the zoning code which grants the Director the authority to deny Zone Clearances. This determination has been appealed to the Planning Commission. The City is currently studying and preparing a Specific Plan for the downtown area. An important part of this planning effort is to establish an atmosphere and character for the downtown area which will foster additional development and attract other businesses. Development of such character is very much a focus of the Specific Plan effort. Due to this effort it is recommended that this issue be referred to the City Council for their review and determination. Such referral is provided for in the Zoning Ordinance and would appear to be appropriate in this case due to the Downtown Specific Plan efforts. This could be referred to the City Council at their special meeting on August 1, 1996. This would minimize the time for the applicant. Recommendation Refer Appeal 96 -2 regarding determination of a pawnshop as an equivalent use in the General Commercial (C -2) Zone on High Street to the City Council for their consideration. Exhibits 1) Appeal 96 -2 application 2) Zoning Clearance application 3) Section 17.08.010 (Definitions) 4) Section 17.20.020 G(permitted uses) 5) Section 17.20.030(Uses not Listed) 6) Section 17.20.060 (Permitted uses in Commercial Zone) 7) Zoning and location map Q ("91 CITY OF MOORPARK EXHIBIT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021"�� 805/529 -6864 APPEAL FORM MUST BE FILED WITHIN 15 DAYS OF THE DECISION (Effective June 6, 1992) To: City Council / Planning Commission Date: I hereby appeal the decision of the ,D1P6C7c7)e, which was given on `7 /, � 3e© . T� ✓��� , 19 , o T , 0---7 The grounds of appeal are: (attach additional sheets as needed) C 1 0 l�l OF f �e on/ i� ei-r F unr�F,� a T te AS- AFC o E 04A I request that the appropriate decision making body take the following action: r , Name of Appellant: �• QA �� Address of Appellant: 14' 6 ( N✓.S'�U�OCl Jr. Telephone Number of Appellant: 6— / ��5- Is the appellant a party in the application? If not, state basis for filling appeal as an "aggrieved person." Signature of Appellant: CRL- 01- 14- 92(9:34am)C:\UP51\FORMS\APPEAL Date: -� Q (' SP, it 1" edn/T / e4C'� C V` i cCNl� S G� Ei4� jS E . . 1 - l� SEA 7o ccJi✓ 749 7 NCO T,�i �iG� Fu,2nlir�r,�t, Cds 7WIne- Ae�7- J 71`/IJF7— �S 71&cm[��clrs� C9n'I�RA s 4tjo VIAF -o �0 Cc/Eie -%l0 .S / 70Cz,C Er,7C 7 #/ S oho7�e n% .� L s C7 lNc CcrD C�� N/N(r- pok 9(�77R1L . OV()QW Hit .gh; reef. i . tuft'• A ,. difts�i.� , U p 7 y o S sW qAi P Business: Iy�eitcha'' say:; . ... Moorpatk�sdowntown.area has seen betteilays;jBut:the opening new.. ops *V* Dwoers hope for'betterdays'in the future. By DAVI11(t'�AIC>r { SPECIAL TO'TNfi TIMES R OdFtPARX-• Joy Cummings stares at -the occasional car that passes 14 Zeiothing store on High Street and remembers a time when shoppers filled the now etll10,sidewalks , j. >' In 1970j4. hell Cummfngs and her husband bo'tight' crd efio�+ated aKold'gas station atOOP� ner bf 14rd Street, High'""' Street wasX- o' grpark's commercial heart -a thriving stH_i of 6taurants and small stores. "All the shops were full." said Cummings, owner of The�Gas Station. "It was where everyone shopped; because there was no other place.to shop if you lived in town. It was greathere," More $had two decades later 'most of the customers have disappeared, lured away to discount stores and malls in nearby cities, and the bustle of High Street traffic has faded to a sporadic murmur": Many, of the street's businesses have closed, and although the city has poured more than $360,000 into installing new sidewalks, benches and lampposts during the last three Years, customers have not come back. Moorpark officials hope a recently opened farmers market on Saturdays will help revive the street, and they have commissioned a new study to guide redevelopment efforts. Please see MERCHANTS, B6 (ATTACHMENT TO APPEAL APPLICATION) A Condl But 0 a_gheito#-Jv often." Cumm1 The root . Ca decline depen sail �,male:Whil taker- Hardwai founded M - bj-�A A - e# ered 1100 Am on ue blames turrk onth 0 e th late agi and new coir}u}z� A nature . .1 eAsAb6 ty 28 nan J- SU114 ,Whitaker said totes. 'J' 4a - ­A�21 thMY V Y4 bJW pdsm� thqanoyl ey shop th the k Although thev some -T- abli!' with the t downtown: C " f.:the 'idomini sp4kirii ro�tIlmlvil Br6d Malinifleei and.'Ni has Been tkke the"PaS the Noj�� COM-fill;b4tvi hetlheatejeo.� weekend pert •Tbq tarth4uai ,important'thh �and.theMyem fullYrewyerei often just hsUl What High . 'C are 'businessa e44 6ther.c,e �etW ;worty that if T­enticce.� w­, ere tin thk_7.�' me Cla;, TaD RMOTPOKOD V418 no Wit:: hiari r1g. that*. so ..of. I High s upon ,whom ­you: :'__ ' kOA n& L ie,r. UMM'd kStreet,:_,- current; down Tw I .gior*Lreoes—siod�. ees.� �pl, .0pa . . . . . . . . . . . . . . . . . . . . . . . then, a wn, N4 erihantt P "ieY 'Lucky, Do' e 9 ~House a M- agno ey. he said. o Dt= ja ctut,#N1 M I'll, .111, 1 f1xv hasq(T esses �Ilke� tbe- "n' fth,_11 Ch Bald iitieias restaurant M-163 urant still draw a Idyal- _pper I I , . ern, Cr6wd--"�OV::�Street 8 South jkd aWAV" o its j tuiic J-70ther storefronts are e f e vacant lots dot 60th-" of -the - h sides ;hope to.ftda-devjl6l�dr-'�who street. Tiny blooms 'failing. - fill th6' space I . I I r, can feel. the fCbecause,'z from with ' Immense California pepper. Are" new`bi�isinesses Spanish ' " ' P. .-'dust'the sidewalks . dis -little ,un tUrbed b jnter�K Y th peri. 1k.. In -Imanybrowaing hop , k j 16 -OrivAW sector, 0 !,,Va es,* the'-6j" .Y. t'dy -ft ve ;;,--Aevoloi Merchants and _tY,9,re -. iii�6hheP%`Aiiedseveral m offl means to breathe new irk?i Melo�--z':� life. into the old - downtown 01,�:iheateri�'�,..."thol'oughfare,, between - _t �A_A:Itho e.;sluggjsh'1.im0isl ej- Moorpark `Avenue and spring Road. jh I IN, ,--I Xta te market is Partly to blame, f& Before sh said the 4.7 -acre property e oorzwk drawbac:kg. It is nar- Rap owners formed the M e e dTo—Wn-M-FRT_M-.1_ to—, o by or. : -- 0 jar . f,'._row..b nA. Ahiv_- _fi. rev.Ea OUA 4_bY thestriej ,= 111._ "' 0 Um- .on one r 4 � "Icil. N",,, IniW_ f i,;.. -.an (dui? a' ormjrj1-1Mr d f railroad - tracks�-,on the she.. And !mine Prospective ten- w"Illn . Bala the association even- ...:ants mighc not like the idea of rOns morei..`:.:,1,,'.tu s )-a-WeTO —M-ers ha _ir7me� TY. about, ZOE-` I �yW a ut" Mtn 1 —riteaa v'ng bet*eefi�55 and 60 train 0 as not t f ty h C, L a:daY rumblipg behind their, YeEra' establishment. Wester is also been unable to Unn said.: agree with each ."We're not going to get-a'nffan- ch other on best y9s P. Hayes salcL she said,'. to attract new customers. she'said. - Still, the city is makin'g'othei" -feed off,.-.,,, The city, however, did put in attemptato one bring:shoPpers to the .than . ..,...Some of the associatinn'A ran,.—t-A 1!1 0 r � I Ive � ! l ay t:Y ,y>! ��i {5 9 r *� 'iti � rgy���•����� -i/yy � ._ l • . . . . . . . . ............ .......... 1. 1• �4 ;, •� Nib:, :_� f t led #after a flre;� qtr" Nlarta��'{;arda'sw��� Y�� r .., 1 ,,ccee Pig-t. • Aug 7 City. 1 w d�buy prcgaticn l htoiC.doarntpwp;' ' :�►,' Perhap'tha may soa ti" rr now umnex _A ,interested m,;a' a now- empty,;buildtn8` to CWnniinge.,.g0o;,; � And on the. ame ;block+ a selling cot[et- past' , Local buain Wilken feted Steinh�aleeadys:com p much of r;work..on they shop a interlo!'e`titl{11$•i1�i18t ueel� tbt� i ' ` ,be an ice. cream chairs, tables and •� t glaes- oamters ip� the pastries. She:hopes to sell tg thIA'Y,' Link comet r Metro utera whoeemwkt` �! inB cars slt just across the street, i`�' i a f, f eaiI,m• o • -o O 0 o, ZONING CLEARANCE NO. CITY OF MOORPARK ZONING CLEARANCE DEPARTMENT OF COMMUNITY DEVELOPMENT IROVIDE SITE PLAN BELOW. SHOW LOCATION OF EXISTING AND PROPOSEC BUILDINGS AND ALL EXTERIOR DIMENSIONS OF NEW CONSTRUCTION AND ACTUAL DISTANCES TO PROPERTY LINES AND BETWEEN BUILDINGS wx rn 0 .n D O O M M a N M 3 M z CASE REFERENCE NO. L'W—' — DRESS L /ci SIDE VtmC IL ADDRESS I of REC�VED •SUN' "96 City of Moorpark Community Development Departm /,HONE i YD H YO SIDE OFFICE USE ONLY BELOW THIS LINE LOf AHHA YD MIN M m n MIN. DIST. BETWEEN BLOGS. REQUIRED PARKING (9' z 20' per space) OPEN: CARPORT: GARAGE: ENVIRONMENTAL DOCUMENT 0 EXEMPT 0 ND /CND 0 EIR SPECIAL CONDITIONS OR REQUIREMENTS 0 SEE PAGE 2 NOTICE: THIS CLEARANCE BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN, OR IS SUSPENDED OR ABANDONED FOR A PERIOD OF, 180 DAYS AFTER ZONING CLEARANCE APPROVAL BY COMMUNITY DEVELOPMENT. STATEMENT: I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS ZONING CLEARANCE IN ITS ENTIRETY AND STATE THAT THE INFORMATION GIVEN IS CORRECT AND AGREE TO COMPLY WITH ALL PROVISIONS OF THE CITY ZONING CODE. APPLICANT'S SIGNAT RE V� — DATE ioNING CLEARANCE APPROVAI DATE WHEN PROPERLY ALIDATED THIS IS YOUR ZONING CLEARANCE 17� e;itf DISTRIBUTION: White —Comm. Dev. Canary — Building agd�1jeo A ° ( j I H I R I T I C "Residential care facility" means a facility providing nonmedical care on a twenty-four (24) hour basis to people who are mentally ill, mentally handicapped, physically disabled, or elderly, or are dependent or neglected children, wards of the juvenile court, or other persons in need of personal services, supervision or assistance essential for sustaining the activities of everyday living or for protection of the individual. Included within this definition are "inter- mediate care facilities/developmentally disabled nursing" and "intermediate care facilities/developmentally disabled" with six (6) or fewer beds, and congregate living health facilities, pursuant to the Health and Safety Code. A facility is considered nonmedical if the only medication given or provided is the kind that can-tiormally be self - administered. "Rest home" means a licensed facility where lodging, meals, nursing, dietary and other personal services are rendered for nonpyschiatric convalescents, invalids and aged persons for compensation. Excludes cases of conta- gious or communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums `Retail trade" means businesses such as auto supply stores, book and stationery stores, camera shops, clothing and fabric stores, department and variety stores, drugstores, florists, food stores, furniture stores, gift and novelty shops, hardware and paint stores, home furnishings stores, house- hold appliance stores, jewelry stores, liquor stores, music stores, newsstands, pet stores, shoe stores, sporting goods stores, toy and hobby shops and used merchandise stores. etreat means a racinty wifict, (I rs o nonprofit organization; (2) provides opportunities for small groups of people to congregate temporarily on a site for such purposes as education, enlightenment, contemplation, renewal or solitude; and (3) by its nature, needs to be located in a quiet, sparsely populated, natural envikonment. "Riding stable" means a facility where horses, or other equine animals are rented to embers of the public for recreational purposes, where riding lessons are offered for compensation to people other than the owners of said ani- mals, whether or. not the riding occurs on the property on which the animals are kept. "Roof structures" means structures for the housing of elevators, stairways, tanks, ventilating fans and similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, solar collectors, wireless masts, T.V. antennas and similar structures. "R- zone" means a zone classification under this title which contains the letter "R" in its abbreviation, excluding overlay zones. Schools, Boarding or Nonboarding. `Boarding or non - boarding schools" means educational facilities for pre- 303 17.08.010 college levels of instruction; specifically limited to elementa- ry, junior high and high schools offering full curricula as required by state law. "Boarding schools" are those which provide lodging and meals for the pupils. "Second dwelling" means an attached or a detached residential dwelling unit which provides complete, indepen- dent, living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the existing single - family dwelling is situated. "Setback" means the minimum distance by which struc- tures are to be separated from the boundary lines of the lot on which they are located, in order to provide an open yard area which is unoccupied and unobstructed from the ground upward. Setback, Front. "Front setback" means an open yard area extending between side lot lines across the front of a lot,'the depth of which is the required minimum horizontal distance between the front lot line and a line parallel thereto on the lot. . Setback, Rear. `Rear setback" means an open yard area extending across the rear of the lot between the inner site lot lines which is the sequined minimum horizontal distance between the rear lot line and a line parallel thereto on the lot. Setback, Side. "Side setback" means an open yard area extending from the front yard, or the front lot line where no front yard is required, to the rear yam; the width of the required side yard shall be measured horizontally from the nearest part of the side lot line. Shall and May. "Shall" is mandatory; "May" is permis- sive. "Sight triangle" means a triangular area on a corner lot, two (2) of the sides of such triangle being formed by extending two (2) imaginary lines from the corner of the lot adjacent to the street intersection at leasi forty (40) feet back to two (2) points along the sides .of the lot parallel to the two (2) intersecting streets, the third side then being formed by the connection of such points. ^1 r I co' Mtn. EXHIBIT S r a�W 17.16.060 zone is to provide suitable areas for the exclusive develop- ment of light industrial, service, technical research and related business office uses in an industrial park context, in conjunction with stringent standards of building design, noise, landscaping and performance. B. Limited Industrial (M -2) Zone. The purpose of this zone is to provide suitable areas for the development of a broad range of industrial and quasi - industrial activities of a light manufacturing, processing or fabrication nature, while providing appropriate safeguards for adjoining indus- trial sites, nearby nonindustrial properties and the surround- ing community. (Ord. 189 § 3 (8104 -5), 1994) 17.16.070 Special purpose zones. A. Planned Community (P -C) Zone. The purposes of the P -C zone are: 1. To provide for the unified planning and diversified urban communities which reflect modern site design stan- dards and concepts and incorporate a variety of uses, while Providing for the separation of incompatible uses; 2. To encourage the provision of a broad range of community facilities, including recreational and oommetcial; and 3. To provide for flexibility in the design and develop- ment of such communities. B. Specific Plan (S -P) Zone. This suffix shall be used for property that is subject to a specific plan. The purpose of this suffix is to provide the city with a zone that allows for development with a comprehensive set of plans, regula- tions, conditions and programs for guiding the orderly development of the specific plan area, consistent with the city's general plan; and that the specific plan shall serve as the zoning regulations. (Ord. 189 § 3 (8104 -6), 1994) 17.16.080 Overlay zones. The purpose of overlay zones is to superimpose particular zones on existing base zones, thus establishing additional regulations and either reducing or extending permitted uses. (Ord. 189 § 3 (8104 -7), 1994) 17.16.090 Institutional zones. Institutional zones are zones to be used by private or public entities for the public benefit and shall contain uses such as a school, church, library, museum, or like uses. (Ord. 189 § 3 (8104 -8), 1994) 308 Chapter 17.20 USES BY ZONE Sections: 17.20.010 Purpose. 17.20.020 Use of matrices. 17.20.030 Uses not listed. 17.20.040 Exemptions from zoning clearance. 17.20.050 Permitted uses in open space, agricultural and special purpose zones. 17.20.010 Purpose, Sections 17.20.050 and 17.20.060 list in matrix form the uses that are allowed under this title. (Ord. 189 § 3 (8105 -0), 1994) - 17.20.020 Use of matrices. A. The following symbols indicate the type of permit required for uses allowed in each zone (unless . otherwise indicated in city council Resolution No. 88 -523): [Blank] Not permitted Permitted by zone clearance Administrative permit • Planning commission- approved planned development permit City council- approved planned development permit O Planning commission - approved conditional • use permit City council- approved conditional use permit NOTE: Approvals subject to change by city ordinance. All uses located in the M -1 and M -2 zone which are adjacent to residential zoned property shall require a city council- approved conditional use permit prior to occupancy of the building. Exception: All development permits or zone clearances approved prior to the ordinance codified in this title shall continue as legally conforming including those approved and not yet built or occupied. However, after a five (5) year period from adoption of the ordinance codified in this title, this exemption shall no longer be valid and all existing development and occupancies shall become legal- nonconforming. Thereafter, all changes of uses shall conform to Section 17.52.0400 which states that, "'The discontinuance for a period of one hundred eighty (180) or more days of the nonconforming use, or a change of nonconforming use to a conforming use, constitutes aban- donment and termination status of the use, and therefore, new uses shall be required to conform to the conditional use permit requirement." �i rr x.14; EXHIBIT,6 �4,as *W l 1 B. Uses shown in the matrix legend as "Permitted,, require a zoning clearance unless exempted under Section 17.20.040. C. Each use is subject to all of the provisions of this title. D. For the purposes of this chapter, any use listed in matrix form which is indented shall be construed as a subheading of the heading under which it is indented. E. Any use requested as an accessory use which is listed in the matrix at Sections 17.20.050 and 17.20.060 as a main use shall be processed in accordance with the indicated requirements of the main use. L Retail Sales in Industrial Zones. Retail sales may be allowed in industrial zones under the following provi- sions: a• That the areas used for retail may not exceed twenty Percent (20%) of the entire floor area of the building; b. That in the case of an industrial complex under a single cumulative floor area of all buildings, twenty percent (20%) of the cumulative floor area may be used by any one (1) building for retail use; c. Temporary retail sales may be allowed under the provisions of the temporary use permit and must exhibit verification of State Board of Equalization sellers permit. The temporary permit shall be granted upon the stipulation that the sales activity occur no more than once per month and not on more than three (3) consecutive days; d. Subsections (Exlxa) and (E)(l)(b) shall be allowed only as a modification to the original development permit. In the case of a nonexistent development permit, one shall be required. F. The abbreviations used in Sections 17.20.050 and 17.20.060 are to be interpreted as follows: agric. — agriculture GFA — gross floor area H&-SC — Health and Safety Code prelim. — preliminary sq. ft. — square feet W &IC — Welfare and Institutions Code G. In accordance with Section 17.04.040, the only uses Permitted are those listed as such in this title. The following list of specifically prohibited uses is provided for informa- tionaipurposes, and is not intended to be comprehensive: 2. Public polo events; 3. Racetracks for horses or motorized vehicles; 4. Stadiums; 5. The parking of motor vehicles on vacant land con- taining no principal use; 6. Retail sales from wheeled vehicles, except as Permitted pursuant to Section 17.20.040R. (Ord. 189 § 3 (8105 -1), 1994) 1• EX. 11 B I T I- __` 17.20.020 It -IJ 17.20.030 Uses not listed. Where a proposed land use is not identified in this chap- ter, the director of community development shall review the proposed use when requested to do so by letter and, based upon the characteristics of the use, determine which Of the uses listed in this chapter, if any, is equivalent to that proposed. A. Upon a written determination by the director of community development that a proposed unlisted use is equivalent in its nature and intensity to a listed use, the Proposed use shall be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what standards affect its establishment. B. Determinations that specific unlisted uses are equiva- lent to listed uses shall be recorded by the planning depart- ment, and shall be considered for incorporation into the zoning ordinance in the next scheduled ordinance amend- ment. (Ord. 189 § 3 (8105 -2). 1994) 17.20.040 Exemptions from zoning clearance. A zoning clearance is not required to be issued for the following uses, if the uses meet the requirements of Section 17.44.030(B)(1)(a) and all other provisions of this title: A. Public works projects constructed by the city or its contractors; B. Ordinary maintenance and minor repairs to buildings, not involving structural alterations; C. Permitted crop production, including packing, storage or preliminary processing of crops, where no structures are involved; D. Permitted underground fuel storage; E. Permitted open storage (see Chapter 17.28); F. Signs which are exempt under Section 17.40.080; G. Permitted pet and farm animals (see Section 17.20.050 and Chapter 17.28); H. The drilling of water wells for the production of water on any lot if water from said well is used only on the lot upon which the well is located; I. Patios, paving and decks (see Chapter 17.24), when constructed no more than thirty (30) inches above the surrounding finished grade; J. Fences and walls six (6) feet or less and retaining walls three (3) feet or less in height (see Chapter 17.24); K. Soil testing for wells, foundations, septic systems and similar construction; L. Swimming, wading or ornamental pools designed for a water depth of less than eighteen (18) inches; M. Small public utility structures, such as electrical boxes, transformers and valve apparatus, that have no covered floor area and are attached to the ground by poles, columns or pedestals; owluo 17.20.060 17.20.060 Permitted uses in commercial and industrial zones. Permitted uses in commercial and industrial zones are set out in Table 17.20.060. Note: All uses located in the M -1 and M -2 zones which at the property line are adjacent to residentially zoned prop- erty shall require a city council - approved conditional use permit prior to occupancy of the building. The key for Table 17.20.060 is as follows: [Blank] Not permitted ♦ Permitted by zone clearance C1 Planning commission - approved planned development permit City council - approved planned development O permit Planning commission- approved conditional ❑ use permit, City council- approved conditional use permit Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES Airfields and landing pads and strips, private Airports Amusement and recreational facilities (see definitions) Amusement parks and carnivals Arcades Batting cages and golf driving ranges, indoor Bicycle racing tracks, outdoor Health club /gymnasium (see definitions) Martial arts and dance studios Motion picture theaters, outdoor (drive -in) Racetracks (for motorized vehicles), shooting ranges and stadiums Art galleries, museums and botanical gardens Automobile service stations Banks and related financial offices and institutions Bars, taverns and nightclubs' Care facilities: For 7 or more persons' (see also H &SC and W &IC) Day 2.3 Intermediate and residential Car washes, self - service or automatic Cemeteries, columbaria and mausoleums Crematoria, accessory Churches, synagogues and other buildings used for religious worships Clubhouses With alcoholic beverages Club projects, temporary outdoor Communications facilities Radio and television broadcasting stations Conference center /convention center Contractor service and storage yards and buildings Crop production` Firewood operations Uses and structures, accessory Dwelling, farm worker (maximum one per lot) Fuel storages Offices i 314 EXHIBIT 8 !Y I i ►lux C2 CO C1 CPD MI M2 I O O O O O • O O O O O O O O O • • O • O O O PROHIBITED • O O • • • 0 • O O O O O O O O O O O O • • O O O • O O O • O O O O O O 0 0 0 0 0 0 O • • O O O O O O O O O , 314 EXHIBIT 8 !Y I i ►lux 17.20.060 315 C2 Packing, preliminary processing, or crops: storage of W: 4 Produce stands, retail' p shout structures CO C1 CPD M1 M2 I Dog and cat grooming Drilling, temporary geologic (testing only) Education and training e Colleges and universities O O Schools: Elementary and secondary ' (nonboarding only) Schools: Professional, O • O • • vocational, art, craft and self - improvement Energy production from renewable • • • O O O • • sources Festivals and similar events, temporary outdoor O O O Government buildings, excluding correctional institutions Fire stations O O • Grading' • • • O • 40 • O O O Within an overlay lone Health services such as professional offices and outpatient clinics Ambulance services SEE CHAPTER 17.36 • Hospitals • • O O • • O Pharmacy, accessory retail, for prescription pharmaceuticals only Hotels, motels and boarding houses 0 O O • • Kennels • Laboratories: research and scientific Medical and dental • • Libraries and information center • • • • Manufacturing industries • • • Apparel and related products Dressmaking and tailor shops • • Chemicals, gases and related products (see definitions), excluding nerve gas Drugs, pharmaceuticals, perfumes, • • cosmetics and the like Soaps, detergents and cleaners • • Electrical and electronic machinery, equipment and supplies Batteries Household appliances • • O Transmission and distribution equipment, and industrial apparatus Food and related products O • Alcoholic beverages O • O • Bakery products Meat, seafood and poultry, packing plants • • Slaughtering; refning.and rendering of animal fats and oils Sugar refining O Furniture and related fixtures Instruments: measuring, analyzing and controlling Jewelry, silverware and plated ware • Laundry service— laundromats' • • • • Laundry service— light6 Laundry service — heavy' Leather and leather products Tanning, curing and finishing of hides and skins Lumber and wood 0 • products and processes Cabinet work Plywood, particleboard and veneer manufacture; wood preserving Sawmills and planing mills • 0 • 315 17.20.060 Machinery, except electrical Office, computing and accounting machines Metal industries, primary Rolling, drawing and extruding Metal products, fabricated Ammunition Machine shops Plating, polishing, anodizing, engraving and related operations Musical instruments, including pianos and organs Paper and related products Products from paper and paperboard, including containers Pens, pencils and other office and artists' materials Personal goods Petroleum refining and related industries Photographic, medical and optical goods, and watches and clocks Printing, publishing and related industries Print shops (up to 1,500 sq. ft. of gross floor area) Rubber and plastics products Tire retreading and recapping Signs and advertising displays Stone, clay and glass products Asbestos products Cement, concrete and plaster, and products fabricated therefrom Glass and glassware, pressed and blown, including flat glass Glass products, made of purchased glass Rock crushing and sandblasting plants Textile mill products Tobacco products Toys and amusement, sporting and athletic goods Transportation equipment Motorcycles, bicycles and related parts Mineral resource development Mining and accessory uses' Less than 9 months in duration Public works maintenance Oil and gas exploration and production' Motion picture and TV production, and related activities and structures Temporary (maximum 47 days in any 180 -day period) 1.4 Offices: business, professional and administrative, except health and veterinary Parking lots Pipelines and transmission lines, aboveground Propulsion (engine) testing Public utility facilities4 Offices only Service yards Recording studios and sound stages Rental and leasing of durable goods Bicycle rental Repair and reconditioning services Automobile body work and painting 316 C2 CO C1 CPD M1 M2 I • O O O O • O • O O O • O O O • • • • O O • W • O O O • O O O O • • O O O • O C C O O • O • O O O • O 0 0QIU3 O O O O O O O O O O O O • • • • • O O O • O O O O • • O O O • O C C O O • O • O O O • O 0 0QIU3 I 1 7.20.060 Automobile repair, including component repair Electrical and electronic C2 CO C1 CPD M1 M2 I O machinery and equipment Heavy machinery repair, including trucks, tractors and buses Instruments, O • • • including musical instruments Office, computing and • accounting machines Photographic and optical goods • • • • Repair of personal goods such as jewelry, shoes and saddlery Restaurants, cafes and cafeterias' • • • temporary Retail trade (see definitions) p°' outside eating • • • Christmas tree sales' • • • Feed stores Lumber and building materials sales yards O Mail order houses �nbnstore) O O Motor vehicle, mobilehome, recreational vehicle an oat d b dealers' Nurseries • • Uses and structures, accessory O O Outdoor sales and services, temporary' (see definitions) Repair SEE PRINCIPAL USE of products retailed Salvage yards, including automobile wrecking yards Service establishments Business (see definitions) Auction halls, not involving livestock Disinfecting and exterminating • • • O services Exhibits, building of O • O O O O O Sign painting and lettering shops Personal (see definitions) • • O • Signs (See also Section 17.20.040 and Chapter 17.40) • • • • Freestanding off -site advertising signs Swap meets ♦ ♦ ♦ ♦ ♦ ♦ Taxidermy Transportation services (see definitions) O O O O O • Bus and in to nals O • Stockyards, not manly for fattening or selling livestock Truck storage, o O O might Trees and native vegetation: removal, relocation or damage Within an overlay zone • Uses and structures, accessory , Dwelling, for superintendent SEE CHAPTER 17,36 or owner Dwelling, caretaker SEE PRINCIPAL USE O Game machines: three or fewer O O O O O Recreational facilities, restaurants and cafes: for employees only Retail sale of products manufactured on -site Temporary buildings during • • construction' Vaccination clinics, temporary, for pet animals' Veterinary clinics, pet animals only' Warehousing and storage, including ministorage Automobile impound yards; dead storage O O • • of trucks, buses and the like Building materials, movers' equipment and the like: indoor Outdoor Fertilizer and • manure 317 QW1,04- 17.20.060 C2 Hazardous materials; including CO C1 CPD M1 M2 I Petroleum and gas (butane, propane, cLPGaettc )e explosives and fireworks Recreational vehicles Storage of building materials, temporary' 0 Waste treatment and disposal (see definitions) Recycling facilities and centers Water production, storage and distribution facilities: Private purveyorS4.1 p O O 0 O Wholesale trade O ♦ + p Zoological gardens, animal exhibits and commercial aquariums 0 40 O O Notes for Table 17.20.060: L There are specific regulations for this use; see Chapter 17.28. 2. If there is an existing planned development permit for the site, the school facility could be permitted by approval of a modification to the existing permit. 3. For M -1, M -2 and C -O zones, a school facility would only be permitted where sponsored by or permitted within an industrial or commercial use on the same site. - 4. See also Section 17.20.040. - 5. Churches located in existing buildings with an approved planned development permit will require a modification to that permit. 6. If existing industrial building has approved IPD, restaurant will require approved minor modification to IPD. 7. Restaurants with temporary outside eating facilities shall receive a modification to the planned development permit. 8• Most public water facilities are exempt from these regulations. 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