Moorpark City Zoning Code
CHAPTER 17
24 DEVELOPMENT REQUIREMENTS
§ 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.
(Ord. 515 § 10, 2023)
§ 17.24.020 Open space, agricultural and residential zones development requirements.
Table 17.24.020 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 through 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 through D) do 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 or as allowed by Chapter 17.32 (Off-Street Parking Requirements). Additional development requirements are given in the sections following Table 17.24.020. 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 Chapters 15.26 and 17.53.
Table 17.24.020 DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R ZONES | |||||||||
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General Requirements | O-S | A-E | R-A | R-L | R-E | R-1 | R-2 | R-3 | S-P, TPD |
A. Density— Maximum dwelling units per gross acre1,2 | 1 du/10 acres | 1 du/40 acres | 1.0 | 3.0 | 3.0 | 8.0 | 24.0 | 32.0 | By permit |
B. Net lot area, minimum (in sq. ft. unless noted)1,2 | 10 acres | 40 acres | 1 acre | 14,500 | 14,500 | 5,000 | 5,000 | 5,000 | By permit |
C. 1. Lot width minimum (in ft.) | 110 | 110 | 100 | 80 | 80 | 50 | 50 | 50 | By permit |
2. Cul-de-sac or odd-shaped minimum lot width (in ft.) | 30 | 30 | 30 | 30 | 30 | 30 | 30 | 30 | By permit |
3. Flag lot "pole" front setback (in ft.) | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | By permit |
D. Lot depth minimum (in ft.) | 150 | 150 | 100 | 100 | 100 | 60 | 60 | 60 | By permit |
E. Front yard and setback (in ft.)3 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | By permit |
F. Side yard setback, interior side (in ft.)4,5 | 10 | 10 | 5 | 5 | 5 | 5 | 5 | 5 | By permit |
G. Side yard setback, street side (in ft.)4,5 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | By permit |
H. Rear yard setback (in ft.)4,5 | 15 | 15 | 15 | 15 | 15 | 15 | 15 | 15 | By permit |
I. Lot coverage, maximum (in %)3 | 20 | 10 | 35 | 35 | 35 | 50 | 50 | 60 | By permit |
J. Building and structure height, maximum (in ft.) | 35, with no limitation as to the number of stories so long as the height is not exceeded | By permit | |||||||
Notes: | |
|---|---|
1 | Where R-1 zoned parcels have a neighborhood mixed density (NMX) general plan land use designation, housing units can be clustered in a mix of residential building types of densities up to 24 du/ac, as long as the density of eight du/ac is not exceeded cumulatively for the site. The ability to cluster housing units in excess of eight du/ac on any individual parcel is contingent upon the approval of an area plan inclusive of all adjoining parcels designated NMX that depicts how residential density will be distributed so as not to exceed eight du/ac cumulatively. In instances where individual building densities exceed eight du/ac, the development standards associated with the R-2 zone shall apply. |
2 | Required net lot areas in the R-E, and R-1 zones are reduced by 50% when the property owner has executed an affordable housing agreement with the city to guarantee housing will be affordable to very low or lower income households or to senior citizens in accordance with the provisions of Chapter 17.64 of this title. |
3 | See Section 17.24.025(A)(6) for exception. See Section 17.44.040(F) for exception. |
4 | Two-story residences with windows facing the adjacent property shall have a minimum 10 foot side yard setback (second story only) and a 20 foot rear yard setback (second story only) from the adjacent property line. A second-floor elevation that only features clerestory windows shall not be subject to this provision. |
5 | In the case of odd-shaped lots, the community development director shall determine the required yards, referencing typical rectangular lots in the district in which such odd-shaped lot is located. In no case shall such determination constitute a variance from the standards of the zoning district. |
(Ord. 515 § 10, 2023)
§ 17.24.025 Open space, agricultural and residential zones 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).
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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.
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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 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 feet to an interior side or rear lot line, a maximum of 12 feet high, and is at least six feet from the main structure unless additional fire-resistive construction is provided in accordance with Chapter 15.08, 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 and the height of the structure does not exceed 12 feet may be located anywhere on a single-family residential lot, except within the front and street side yard areas, provided the eaves do not overhang adjacent property.
c.
Swimming pools and spas, including diving boards and slides and similar devices, shall be located a minimum of three feet from the main structure, within five feet of the rear and side property lines and shall comply with all fencing requirements of Chapter 15.08 (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 15 feet in height or project closer than five feet to an interior side yard or closer than 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, or patios and canopies using two or three sides of an existing residence, in which case the remaining side(s) must be entirely open with no obstructions. 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 1/2) feet into any required front yard area, not more than four feet into any required rear yard area, and not more than two feet into any required side yard setback area.
f.
Outdoor barbeques, fireplaces, or firepits must be at least 10 feet from the main structure and three feet from interior side and rear property lines.
g.
Heating and cooling and other mechanical equipment, including pool equipment, air conditioners, and necessary appurtenances shall be a minimum of three feet from any side or rear lot line, screened from public view and meet noise requirements set by Chapter 17.53 of the Moorpark Municipal Code.
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 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 42 inches in height.
j.
Decks on the second (2nd) floor of a home shall be at least 10 feet from the rear and side property lines. The color and the materials of the second (2nd) story deck shall complement those of the main structure.
k.
A flagpole not exceeding 25 feet in height may be located in the front or rear yard setback area so long as it is at least 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" in item "9."
B.
Lot Coverage. Lot coverage shall include all buildings, carports, structures and accessory buildings, except 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.
C.
On-Site Residential Amenities. Multifamily residential developments consisting of 10 or more units, shall provide the following:
1.
On-site recreational and resident amenities that equal at least 100 square feet per residential unit. Such amenities may include, but are not limited to, swimming pool, playground, fitness room, community room, BBQ area, outdoor seating area within a landscaped area, or other amenity as approved by the entitlement review body. Walkways and general landscape areas are not considered part of on-site residential amenities.
2.
On-site publicly accessible areas equal to at least 15% of the project's net lot area but shall not be required to exceed 10,000 square feet or be required on lots of 20,000 square feet or less. These areas shall be located adjacent to, and accessible from, a public right-of-way. They shall be contiguous to each other on the project site. The shortest dimension of these areas shall be a minimum of 15 feet. This area shall be privately maintained by the owner(s) of the residential development but shall remain publicly accessible and available for public use from eight (8:00) a.m. to eight (8:00) p.m. each day, except as otherwise provided by the project conditions or specific agreement for this use between the property owner and the city. The publicly accessible amenities required in these areas shall be those intended for public gathering, play spaces, landscaped seating areas, or other amenities as approved by the entitlement review body.
D.
Additional on-site residential features required for all multifamily residential developments shall include:
1.
On-site laundry facilities available to all residents. Laundry facilities may be provided in a common laundry room or within each residential unit.
2.
A private, enclosed, secure, locking storage area of at least 100 cubic feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to allow for storage of personal items, such as bicycles, tools, outdoor furniture, etc.
3.
Private or semi-private outdoor patio, porch, yard or other private or semi-private space shall be provided to each residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities such as outdoor dining or gathering and shall be accessible directly from the residential unit.
4.
Deviations from the requirements in subsections (D)(1) through (3) may be considered by the community development director where strict conformance is infeasible. Outdoor patios are not intended for storage.
E.
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 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.
Residential Roof Replacement. Existing concrete or clay tile roofs on homes located on properties abutting arterial roads as shown in the circulation element of the general plan may only be replaced with roofing of a color and material compatible with neighborhood as determined by community development director.
5.
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 unless otherwise allowed pursuant to Section 17.28.020(G) for accessory dwelling units.
6.
Antennas, Ground Mounted. Ground mounted citizens' band and amateur radio transmitting and receiving antennas, intended for private, noncommercial use accessory to a dwelling, may be erected up to a maximum height of 40 feet. Ground mounted antennas may be erected above the height limit of 40 feet, under the permit prescribed by this title, provided that no antenna or mast shall exceed 75 feet in height, and the design of such antennas shall be in accordance with Section 17.28.020(A).
7.
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.
8.
Windows, metal roofing, and similar exterior metal architectural features shall not be mirror finish, reflective, glossy, or polished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adjacent properties.
(Ord. 515 § 10, 2023)
§ 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 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 feet in height, unless a five foot landscape area is provided between the retaining wall and the fence or wall. When the five foot landscape area is provided, each individual fence or wall or retaining wall shall not exceed six feet in height (see below).
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B.
Where there is a grade difference between two 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 10 feet. Where the height of 10 feet would be exceeded, the requirements of subsection A of this section shall be met.
C.
Fences and walls may be allowed in required front yard area up to six feet in height; however, the last three 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.
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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 feet in height; however, the last two 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.
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E.
A solid wall or fence not more than six 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.
Visual/Sight Distance. A wall or fence or landscape area adjacent to a driveway or street or public sidewalk providing vehicular access to an abutting lot or street shall not exceed three feet in height within 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. Landscaping within the sight distance triangle shall be maintained below three feet and the bottom of a tree canopy shall be at least eight feet above the ground. Final determination shall be by the community development director. Corner cut-offs may be required for safety and visibility (see example below).
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G.
Walls and fences in street yard frontages or visible from the street shall be constructed out of durable, substantial, and decorative materials. Fiberglass sheeting, bamboo sheeting and other similar nondurable 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 10 feet in height may be allowed by the community development director where necessary for noise attenuation from arterial streets or other noise sources. Chain-link or similar material fencing up to 12 feet high, with wind screening 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 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.
(Ord. 515 § 10, 2023)
§ 17.24.035 Commercial, industrial and special purpose zones development requirements.
Table 17.24.035 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 Table 17.24.035 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 Chapters 15.26 and 17.53.
Table 17.24.035 DEVELOPMENT REQUIREMENTS FOR COMMERCIAL, INDUSTRIAL AND SPECIAL PURPOSE ZONES | ||||||||
|---|---|---|---|---|---|---|---|---|
General Requirements1 | C-O | C-1 | C-OT | C2, C-P-D | I-F | M-1 | M-2 | I |
A. Floor area ratio, maximum (the ratio of gross floor area to the gross project site) | 0.50 | 0.35 | 0.38 | 0.502 | 1.0 | 1.0 | 1.0 | By permit |
B. Lot area, minimum (in sq. ft.)4 | None | None | None | None | None | 10,000 | 10,000 | By permit |
C. Front yard setback (in ft.)2,4 | 20 except when next to a 4 or 6 lane road, then 30 | 20 except when next to a 4 or 6 lane road, then 30 | 0 | 20 except when next to a 4 or 6 lane road, then 30 | 15, except when next to or across the street from R zone, then 30 | 20, except when next to or across the street from R zone, then 30 | 20, except when next to or across the street from R zone, then 30 | By permit |
D. Interior side yard setback (in ft.)4,5,6 | 5 | 5 | 0 | 5 | 5 except when next to R zone, then by permit | 5 except when next to R zone, then by permit | 5 except when next to R zone, then by permit | By permit |
E. Street side yard setback (in ft.)4,6 | 5 except when next to a 4 or 6 lane road, then 10 | 5 except when next to a 4 or 6 lane road, then 10 | 5 | 5 except when next to a 4 or 6 lane road, then 10 | 5 except when next to R zone, then by permit | 5 except when next to R zone, then by permit | 5 except when next to R zone, then by permit | By permit |
F. Rear yard setback (in ft.)4,5,6 | 10 unless next to C or M zone, then 0 | 10 unless next to C or M zone, then 0 | 10 unless next to C or M zone, then 0 | 10 unless next to C or M zone, then 0 | 10 unless next to C or M zone, then 0 | 10 unless next to C or M zone, then 0 | 10 unless next to C or M zone, then 0 | By permit |
G. Setback (in ft.) from residential zone (O-S, A-E, R-A, R-E, R-L, R-1, R-2, R-3 zones) | 30 | 30 | 30 | 30 | 30 | 30 | 30 | By permit |
H. Building and structure height, maximum3 (in ft.) | 25 | 35 | 35 | By permit | 30 | 30 | 30 | By permit |
I. Parking shall meet the requirements of Chapter 17.32 | ||||||||
J. Signage shall meet the requirements of Chapter 17.40 | ||||||||
K. Lighting shall meet the requirements of Chapter 17.30 | ||||||||
Notes: | |
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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 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 50 feet and not to exceed three stories) with approval by city council of a conditional use permit. |
4 | See Section 17.44.040(F) for exceptions. |
5 | Properties located adjacent to railroad property shall provide a minimum rear or side yard setback of 10 feet. |
6 | In the case of odd-shaped lots, the community development director shall determine the required yards, referencing typical rectangular lots in the district in which such odd-shaped lot is located. In no case shall such determination constitute a variance from the standards of the zoning district. |
(Ord. 514 § 10, 2023; Ord. 515 § 10, 2023)
§ 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 25 foot wide vehicular access to a public street.
B.
Architectural Appurtenances. Clocks, tower elements, and similar ornamental design elements on structures, may exceed the maximum height identified in Table 17.24.035, provided, the additional height does not create additional floor area. Such appurtenances may stand no taller than 15 feet above the maximum allowed height in the zone. Height beyond such limit for appurtenance structures may be considered with a conditional use permit, provided the maximum height of the structure does not exceed 60 feet.
C.
Windows, metal roofing, exterior metal architectural features shall not be mirror finish, reflective, glossy, or polished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adjacent properties.
D.
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.
E.
Masonry Walls and Landscape Screens. Where a commercial or industrial development abuts property in any lower density residential zones (O-S, A-E, R-A, R-L, and R-E), a masonry wall, solid fence, or equivalent noise attenuation structure, a minimum of six feet in height from the highest finished grade at the property line shall be erected and maintained between such uses and the residential zone.
F.
Mechanical Equipment—Screening and Noise Attenuation. All mechanical equipment shall be architecturally screened from view and isolate noise at the property line between adjacent uses. 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.
G.
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.
H.
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. See Section 17.32.025 for further restrictions.
I.
Testing. Whenever there is a question of conformance with a performance standard of this section or a condition of approval of the project, the property owner or operator shall engage the services of a qualified and/or licensed professional for the type of testing needed.
J.
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 this section be waived.
K.
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 R-1, R-2, R-3, R-E, R-A, or R-L, residentially or open space zoned properties.
L.
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 or will be improved to such standard as part of the project.
M.
Adult Business Minimum Location Requirements. In addition to meeting all requirements of Section 17.28.050 and all requirements of Chapter 5.18 of the Moorpark Municipal Code, an adult business may not be located:
1.
Within 500 feet of any property line that is zoned R-1, R-2, R-L, R-E, R-A or any residential structure within another zone, whether inside or outside the city limits; and
2.
Within 500 feet of any church, synagogue, mosque or other publicly recognized place of worship, whether inside or outside of the city limits; and
3.
Within 500 feet of any public or private school or childcare establishment, whether inside or outside the city limits; and
4.
Within 500 feet of any public park or playground, or any city facility, including, but not limited to, City Hall, the city library, and any police or fire station, as measured from the property line of said use; and
5.
Within 500 feet of any property operating a business with a Type 40, 42, 48 or 61 on-site alcoholic beverage license; and
6.
Within 1,000 feet of any other adult business whether inside or outside the city limits.
The distances specified in this subsection will be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above. |
(Ord. 515 § 10, 2023)
§ 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 containing trash enclosures, mechanical equipment, storage or other similar 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 1/2) feet into any required front yard area, not more than four feet into any required rear yard area, and not more than two feet into any required side yard setback area.
(Ord. 515 § 10, 2023)
§ 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 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 feet in height may also be erected; provided, that the fence or wall is set back a minimum of five feet from the retaining wall.
B.
In any required rear or interior side yard area, a wall or fence shall not exceed eight 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 10 feet in height, unless a five foot landscape area is provided between the retaining wall and the fence or wall.
C.
Visual/Sight Distance. A wall, fence, or landscaping area adjacent to a driveway or street or public sidewalk providing vehicular access to an abutting lot or street shall not exceed three feet in height within 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. Landscaping within the sight distance triangle shall be maintained below three feet and the bottom of a tree canopy shall be at least eight feet above the ground. Final height determination shall be by the community development director. Corner cut-offs may be required for safety and visibility (see example below).
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D.
Walls and fences in street yard frontages or visible from the street shall be constructed out of durable, substantial, and decorative materials. Fiberglass sheeting, bamboo sheeting or other similar nondurable 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.
E.
Where there is a grade difference between two 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 10 feet. Where the height of 10 feet would be exceeded, the requirements of subsection A of this section 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 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.
5.
Razor wire or concertina wire shall not be placed on the rooftop of any building.
(Ord. 515 § 10, 2023)
§ 17.24.055 Mixed use zone development requirements.
Table 17.24.055 indicates the minimum development requirements for buildings and accessory structures in the mixed use zones with respect to lot area, setback, height and building coverage unless indicated otherwise. 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 Chapters 15.26 and 17.53.
Table 17.24.055 DEVELOPMENT REQUIREMENTS FOR MIXED USE ZONES | ||||||||
|---|---|---|---|---|---|---|---|---|
General Requirements | MUL | MUM | MUD | |||||
Vertical Mixed Use | Commercial | Multifamily Residential | Vertical Mixed Use | Commercial | Vertical Mixed Use | Commercial | Multifamily Residential | |
A. Floor area ratio, maximum | 1.5 | 1.5 | 1.5 | 2.0 | 2.0 | 2.0 | 2.0 | 2.0 |
B. Dwelling units per acre, maximum | 24 | — | 24 | 32 | — | 32 | — | 32 |
C. Dwelling units per acre, minimum (vertical mixed-use projects have no minimum dwelling units per acre standard) | 0 | — | 8 | 0 | — | 0 | — | 12 |
D. Front yard setback (min/max) | 0/5′ | 0/5′ | 0/10′ | 0/5′ | 0/5′ | 0/5′ | 0/5′ | 0/10′ |
E. Setbacks for frontages along Moorpark Avenue and High Street (min/max) | 0/5′ | 0/5′ | 0/10′ | 0/5′ | 0/5′ | 0/5′ | 0/5′ | 0/10′ |
F. Width of frontage building to maintain minimum setback2, 5 | 70% | 70% | 60% | 75% | 75% | 80% | 80% | 75% |
G. Maximum interior side yard setback5 (min/max) except where fire department access shall be required, maximum side yard setback shall be no less than required by the fire department | 0/15′ | 0/10′ | 0-15′ | 0/0 | 0/0 | 0/15′ | 0/10′ | 0/15′ |
H. Minimum side yard abutting non-mixed use residential designated zones5 | 15′ | |||||||
I. Street side setback (min/max)5 | 0/5′ | 0/5′ | 0/5′ | 0/5′ | 0/5′ | 0/5′ | 0/5′ | 0/5′ |
J. Minimum rear yard setback5 except where fire department access shall be required, maximum side yard setback shall be no less than required by the fire department | 10′ | 0 | 10′ | 10′ | 0 | 10′ | 0 | 10′ |
K. Minimum rear yard setback abutting non-mixed use residential zones5 | 15′ | |||||||
L. Building and structure height, maximum3,4 | 3 stories and 40′ | |||||||
M. Minimum stepback above 28-ft. building height4,5 | Minimum 10-ft. stepback above 28-ft. building height shall be applied to the following: 1. Along primary street frontage. 2. Along property lines that are adjacent to non-mixed use residential designated zoned properties. See Figure 17.24.055.A and § 17.24.060(B). | |||||||
N. Parking requirements | See § 17.32.020 | |||||||
O. Signage requirements | See Ch. 17.40 | |||||||
P. Lighting requirements | See Ch. 17.30 | |||||||
Q. Storefront transparency | See § 17.24.060(F) | |||||||
R. Minimum landscaping requirement | 15% | |||||||
S. Minimum ground floor commercial requirement for mixed-use projects | 10% or 1,500 gross sq. ft. of ground floor per project site, whichever is less. Shall not apply to residential only projects. | |||||||
T. Freestanding residential structure allowed along frontage | Allowed | Prohibited | Allowed | |||||
Notes: | |
|---|---|
1 | See Section 17.24.060(A). |
2 | See Figures 17.24.055.A and 17.24.055.B for setback examples. |
3 | Height may be increased (to a maximum of 50 feet and not to exceed three stories) with approval by city council of a conditional use permit. |
4 | For purposes of stepbacks, the maximum height of a story shall be 14 feet. A single-floor building, measuring more than 14 feet in height shall be accounted as additional stories for each additional 14 feet. For example, a 28 foot tall single floor building would qualify as two stories in the mixed use zones; therefore, the structure above 28 feet would be required to step back. |
5 | See Section 17.44.040(F) for exceptions. |
Figure 17.24.055.A Stepback Example, Frontage and Street Side  |
Figure 17.24.055.B Stepback Example, Adjacent to Residential Lots  |
(Ord. 512 § 10, 2023; Ord. 515 § 10, 2023)
§ 17.24.060 Mixed use zone development requirements-Additional requirements.
In addition to the standards of Chapter 17.36, the following standards shall apply:
A.
Building Frontages.
1.
The maximum setback shown in Table 17.24.055(D) shall apply for the building fronting the primary street of the building frontage as shown in Figure 17.24.055.A.
2.
An optional activity space may exist within the area created when a building frontage is set back up to the maximum allowed frontage setback after the percentage of required minimum building frontage percentage in Table 17.24.055(F) is met. This activity space can be used as outdoor gathering area, dining, plaza, or similar pedestrian oriented activities for adjacent uses.
3.
The director may approve a greater street level building activity setback by zoning clearance for the remaining percentage of the property frontage after the building percentage in Table 17.24.055(F) is met.
B.
Stepback Design and Use.
1.
Nonresidential Stepbacks Fronting a Residential Land Use.
2.
Residential Stepback Area Fronting a Street or Residential Use.
a.
The wall or railing shall be at least 42 inches in height and be solid to prevent views onto the stepback area from the ground.
b.
No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the ground.
c.
Units that open onto the stepback area shall have an accessible outdoor storage area of at least 128 cubic feet with a closeable solid door.
d.
Balconies open on at least two sides may project into the stepback area provided the balcony is at least five feet from the side property line.
C.
Façade Modulation. Buildings over two stories or over 30 feet in height shall have the following:
1.
Every 50 feet along the street frontage through the use of varying setbacks, building entries and recesses, transparent fenestration at the ground level, or structural bays that shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.
2.
Every 100 feet along any street frontage, adjacent public park, or publicly accessible outdoor space through the use of varying setbacks and/or building entries and shall be a minimum of 30 inches deep and four feet wide and extend the full height of the building.
D.
Blank Wall Elevations. Blank walls, including walls distinguished only by changes in color, are prohibited. Buildings shall carry the same architectural treatment as to form and massing, roof design, wall and window design, and materials and colors on all elevations visible to the public.
E.
Building Entries. Building entries shall be designed to create landmark visual reference points and emphasize the importance of the building entrance by compliance with the following standards:
1.
Nonresidential Building Entries. The following standards apply to all ground floor, nonresidential portions of a street-facing or publicly accessible open space-facing elevations of a building. For nonresidential uses, the primary entrance of a building is defined as the door or doors which provide public access to a lobby or ground floor occupancy.
a.
Primary entries shall be directly accessible from the public street frontage or open space. Primary entrances that front publicly accessible open spaces shall have direct sightlines and a path of continuous and unobstructed pedestrian access to street frontage.
b.
Primary nonresidential use entrances shall not be located facing an alley, parking, or service driveway.
c.
For lobbies, a recess or projection shall have a minimum of four feet depth to delineate the building lobby from the balance of the façade.
2.
Residential Building Entries. The following shall apply to the ground floor residential portions of streetfacing or publicly accessible open space-facing façades of residential buildings or residential portions of a mixed-use building. For residential uses, the primary entrance of a building is defined as a door or doors that provide primary access to a ground-floor residential lobby and/or individual entries are permitted for private residential units.
Residential building lobbies shall be located at the ground floor and accessible directly from public street frontage or publicly accessible open space. Primary entrance(s) that front publicly accessible open spaces shall have direct sight-lines and a path of continuous and unobstructed pedestrian access to the street frontage.
a.
Entries shall be unique and identifiable and shall incorporate at least one of the following design features: canopy, marquee, portico, or other form of weather protection.
b.
Primary entries are prohibited from alleys, driveways, at-grade parking lots, or parking structures.
c.
Individual residential entries are permitted to be accessed directly from the street frontage subject to a minimum walkway, ramp, and/or stairs width of four feet for single unit entries.
d.
Entry porches, stoops, and terraces, not including stairs, shall be a minimum of 20 square feet.
G.
Storefront Transparency.
1.
Façades that face the street or publicly accessible space are required to provide a minimum of 75% transparency along the frontage.
2.
No dark-tinted or opaque glazing that results in less than 88% light transmission is permitted for wall opening (i.e., doors and windows) along the street level. Mirrored or applied films that create mirrored windows and curtain walls are prohibited.
H.
Roof Appurtenance and Mechanical Equipment 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. When ladders or other emergency access equipment is required above the roof parapet, such equipment shall be painted or treated to match the structure for screening purposes. 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.
I.
Mirror Finishes. Windows, metal roofing, and similar exterior metal architectural features shall not be mirror finish, reflective, glossy, or polished. Such features shall be burnished, or matte finish to limit glare and similar visual impacts to adjacent properties.
J.
On-Site Residential Amenities. Multifamily residential developments, consisting of 10 or more units, shall provide the following:
1.
On-site recreational and resident amenities that equal at least 100 square feet per residential unit. Such amenities may include, but are not limited to, swimming pool, playground, fitness room, community room, BBQ area, outdoor seating area within a landscaped area, or other amenity as approved by the entitlement review body. Walkways and general landscape areas are not considered part of on-site residential amenities.
2.
On-site publicly accessible areas equal to at least 15% of the project's net lot area but shall not be required to exceed 10,000 square feet or be required on lots of 20,000 square feet or less. These areas shall be located adjacent to, and accessible from, a public right-of-way. They shall be contiguous to each other on the project site. The shortest dimension of these areas shall be a minimum of 15 feet. This area shall be privately maintained by the owner(s) of the residential development but shall remain publicly accessible and available for public use from eight (8:00) a.m. to eight (8:00) p.m. each day, except as otherwise provided by the project conditions or specific agreement for this use between the property owner and the city. The publicly accessible amenities required in these areas shall be those intended for public gathering, play spaces, landscaped seating areas, or other amenities as approved by the entitlement review body.
K.
Additional on-site residential features required for all multifamily residential developments shall include:
1.
On-site laundry facilities available to all residents. Laundry facilities may be provided in a common laundry room or within each residential unit.
2.
Enclosed, secure, locking storage area of at least 100 cubic feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to allow for storage of personal items, such as bicycles, tools, outdoor furniture, etc.
3.
Private or semi-private outdoor patio, porch, yard or other private or semi-private space shall be provided to each residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities such as outdoor dining or gathering and shall be accessible directly from the residential unit. Outdoor patios are not intended for storage.
Deviations from the requirement in subsections (K)(1) through (3) may be considered by the community development director where strict conformance is infeasible.
(Ord. 512 § 10, 2023; Ord. 515 § 10, 2023)
§ 17.24.065 Inclusionary housing requirements.
The purpose of this section is to enhance the public welfare by establishing policies which require the development of housing affordable to households of extremely low, very low, low, and/or moderate incomes, meet the city's established regional share of housing needs, and implement the goals and objectives of the general plan and the housing element.
B.
Exceptions. The requirement to construct housing shall not apply to the following:
2.
Residential developments of nine or less residential units. Adjacent projects that are on separate parcels but collectively equal 10 or more dwellings and are held by the same owner are not exempt, unless permitted more than one year apart. Payment of in-lieu fees as defined in subsection G applies.
3.
A 100% affordable housing project.
4.
Units approved as accessory dwelling units or junior accessory dwelling units.
5.
Residential development project using density bonus which meets or exceeds the affordability of 15% of units.
C.
Inclusionary Housing Requirements. All new residential developments of 10 or more dwelling units shall include inclusionary units. Calculations of the number of inclusionary units required by this subsection shall be based on the number of dwelling units in the residential development, excluding any density bonus units, ADUs or junior ADUs. Unless otherwise exempted or excepted from this section, residential developments shall construct inclusionary units upon the same site as the residential development.
D.
Number of Inclusionary Units Required for For-Sale Residential Developments. For-sale residential development projects of 15 or more dwelling units shall provide 15% of the total units of a residential development and satisfied by designating 7% for low income household and 8% for moderate income household. For residential developments of between 10 and 15 units, a single inclusionary unit shall be required and can be either very low or low income.
E.
Number of Inclusionary Units Required for Rental Residential Developments. Rental residential development projects of 15 or more dwelling units shall provide 15% of the total units available at affordable rent and satisfied by designated 7% for extremely low income households and 8% for very low income households.
Table 1 Calculation of Inclusionary Requirements for Projects from 10 – 30+ Units | |||||||
|---|---|---|---|---|---|---|---|
Units | Inclusionary Rate | Required Inclusionary Units | For Sale | For Rent | |||
Low | Moderate | Extremely Low | Very Low | ||||
10 | 10% | 1.00 | 1 | * | * | * | * |
11 | 10% | 1.00 | 1 | * | * | * | * |
12 | 10% | 1.00 | 1 | * | * | * | * |
13 | 10% | 1.00 | 1 | * | * | * | * |
14 | 10% | 1.00 | 1 | * | * | * | * |
15 | 15% | 2.25 | 2 | 1.05 | 1.20 | 1.05 | 1.20 |
16 | 15% | 2.40 | 2 | 1.12 | 1.28 | 1.12 | 1.28 |
17 | 15% | 2.55 | 3 | 1.19 | 1.36 | 1.19 | 1.36 |
18 | 15% | 2.70 | 3 | 1.26 | 1.44 | 1.26 | 1.44 |
19 | 15% | 2.85 | 3 | 1.33 | 1.52 | 1.33 | 1.52 |
20 | 15% | 3.00 | 3 | 1.40 | 1.60 | 1.40 | 1.60 |
21 | 15% | 3.15 | 3 | 1.47 | 1.68 | 1.47 | 1.68 |
22 | 15% | 3.30 | 3 | 1.54 | 1.76 | 1.54 | 1.76 |
23 | 15% | 3.45 | 3 | 1.61 | 1.84 | 1.61 | 1.84 |
24 | 15% | 3.60 | 4 | 1.68 | 1.92 | 1.68 | 1.92 |
25 | 15% | 3.75 | 4 | 1.75 | 2.00 | 1.75 | 2.00 |
26 | 15% | 3.90 | 4 | 1.82 | 2.08 | 1.82 | 2.08 |
27 | 15% | 4.05 | 4 | 1.89 | 2.16 | 1.89 | 2.16 |
28 | 15% | 4.20 | 4 | 1.96 | 2.24 | 1.96 | 2.24 |
29 | 15% | 4.35 | 4 | 2.03 | 2.32 | 2.03 | 2.32 |
30+1 | 15% | 4.50 | 5 | 2.10 | 2.40 | 2.10 | 2.40 |
Notes: | |
|---|---|
* | The additional unit shall be either extremely low or very low income. |
1 | Projects greater than 30 units shall apply the unit percentage requirement and affordability ratios from Section 17.24.065(E), even though not calculated and shown in Table 1. |
F.
Fractional Units. In computing the total number of inclusionary units required in a residential development, fractions greater than 1/2 shall be rounded up to the next highest whole number, and fractions of 1/2 or less than 1/2 shall be rounded down to the next lowest whole number.
G.
In-Lieu Fee Compliance Alternative. Inclusionary housing requirement may be satisfied by the payment of a fee to the city in lieu of constructing the inclusionary units within the residential development, provided that such fee is received by the city prior to the issuance of the building permits for the first market rate unit in the residential development, or as described in the project's conditions of approval. The amount of in-lieu fees shall be established by the city council in its annual resolution establishing municipal fees and charges, or as established otherwise by resolution of the city council, and may include in the fee the actual estimated costs of administration and the estimated cost of increases in the price of housing and construction from the time of payment of the in-lieu fee to the estimated time of provision of the inclusionary units by the city. If in the case an in-lieu fee is not established or does not exist at the time of building permits issuances, the city manager shall substitute another construction cost index or require the applicant to submit a cost estimate with the total in-lieu fee to be approved by city council. The automatic fee adjustment, as modified by the city council, will occur when the city conducts its annual update of the municipal fee schedule.
H.
Inclusionary Fee Fund. The in-lieu fees collected shall be deposited into an affordable housing inclusionary fund. The fund shall be used exclusively for the provision of affordable housing and for reasonable costs associated with the development, maintenance and oversight of such housing. The fund includes in-lieu fees as well as other funds available to the city for exclusive use for the provision of affordable housing.
I.
Standards of Inclusionary Units.
1.
Inclusionary units shall be dispersed throughout the project.
2.
The number of bedrooms and bathrooms in inclusionary units shall be provided in approximately the same proportion as the market rate units in the residential development.
3.
Inclusionary units shall have the same quality and types of materials, finishes, and appliances comparable to the market rate units, unless it can be demonstrated to the satisfaction of the city that this is infeasible.
4.
Inclusionary units shall comply with all applicable development standards.
5.
Inclusionary unit residents shall have equivalent access to use of all on-site amenities.
6.
Inclusionary units shall be maintained to the same standard as market rate units.
7.
Developer shall actively market the affordable units (both for for-sale and rental units) to eligible households con-currently with the market rate units, consistent with the city's affordable housing policies.
8.
Inclusionary units in a residential development shall be constructed concurrently with, or before, the construction of the market rate units. If the city approves a phased project, the required inclusionary units shall be provided proportionately within each phase of the residential project.
J.
Continuing Affordability Agreement and Duration. The property owner shall record an affordable housing agreement deed restriction for both for-sale and rental units against the property reserving the extremely low, very low, lower, and/or moderate-income units at the applicable affordable housing cost for a minimum of 55 years from the date of issuance of a certificate of occupancy. The form of the deed restriction shall be consistent with the city's affordable housing policies.
K.
Monitoring of Compliance. Owners of residential development projects shall submit compliance reports to the city at least once every year and the city may conduct periodic on-site audits to ensure compliance with all applicable laws, policies, and agreements. The city council may adopt fees for the costs of monitoring and compliance by the city, which shall be deposited into the affordable housing inclusionary fund for that purpose.
(Ord. 515 § 10, 2023)